[Amended 2018; 3-19-2018; 6-15-2021; 4-12-2022; 5-9-2023; 11-14-2023; 11-14-2023; 12-10-2024; 2-11-2025]
Unless otherwise specified in other sections of this bylaw, the following terms shall have the meanings indicated:
ACCESSORY BUILDING OR STRUCTUREA building or structure detached from a primary building on the same lot and customarily incidental and subordinate to the primary building or use. An accessory building or structure cannot exist without a primary building on a lot. An accessory building shall not be used for residence purposes, unless it adheres to the special use regulations set forth in §
450-5.11.
ACCESSORY DWELLING UNIT (ADU)An accessory building or addition containing a housing unit inclusive of sleeping, cooking and sanitary facilities on the same lot as a single-family dwelling. An ADU maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress. An ADU is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller. ADUs are incidental and subordinate to the primary building. An ADU cannot exist without a single-family dwelling on a lot.
ACCESSORY USEThe use of a building or land or portion thereof for a purpose customarily incidental and subordinate to the main or principal use permitted in the district. An accessory use cannot exist without the existence of a principal use.
ADDITIONA structure added to the original structure or building at some time after the completion of the original and the issuance of a certificate of occupancy.
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement, as defined in MGL c. 272, § 31.
ADULT CLUB (ESTABLISHMENT DISPLAYING LIVE NUDITY FOR ITS PATRONS)An establishment having as a substantial or significant portion of its entertainment a person or persons performing in a state of nudity or distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement, as defined in MGL c. 272, § 31.
ADULT PARAPHERNALIA STOREAn establishment having as a substantial or significant portion of its stock devices, objects, tools or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT THEATERAn enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
ADULT USEAn adult bookstore, adult club, adult theater, adult video store, and adult paraphernalia store, as defined in this bylaw.
ADULT VIDEO STOREAn establishment having a substantial or significant portion of its stock in videos or other matters which are distinguished by emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
AFFORDABLE HOUSINGAffordable housing units are units which may only be rented or purchased by eligible households whose annual incomes, adjusted for family size, do not exceed the limits for maximum annual income for low-income households or households (80% of the median income for East Longmeadow, as calculated by the U.S. Department of Housing and Urban Development or any successor agency), and are eligible and countable for the purpose of the Commonwealth's MGL Chapter 40B Subsidized Housing Inventory (SHI), or its successor.
AGRICULTUREThe production, keeping or maintenance, for sale, lease or personal use, 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, sheep, swine, horses, ponies, mules or goats or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables, nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program.
ALTERATIONAny change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
ANIMAL CONTROL OFFICERAn appointed officer authorized to enforce Chapter
315 of the East Longmeadow General Bylaws, M.G.L. Ch.
140, §§ 136A and 174F.
AREA AND/OR FACILITY FOR SPORTING ACTIVITYAn area that is designed to offer athletic-type events to be viewed by a significant number of spectators, with said spectators either seated or standing, including but not limited to a professional/commercial sports stadium and/or arena, a professional/commercial ice hockey rink and/or ballpark or a hippodrome. Town sports are addressed under school, park and recreation regulations and do not apply to this section.
AREA OF SPECIAL FLOOD HAZARDThe land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE or V.
ASSISTED LIVINGA special combination of housing, supportive services, personalized assistance and health care designed to respond to individual needs of those who need help with one or more of the five activities of daily living (eating, dressing, bathing, toileting, mobility). Supportive services are available 24 hours a day to meet scheduled and unscheduled needs in a way that promotes maximum dignity and independence for each resident.
ATTICThat part of a building or structure which is immediately below and wholly or partly within the roof framing.
AUTOMOBILE REPAIR STATIONAn establishment in which or upon which a business service or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.
BASE FLOODThe flood having a 1% chance of being equaled or exceeded in any given year.
BOARDING STABLEA structure designed for the feeding, housing and exercising of horses not owned by the owner of the premises.
BUFFER AREAExcept as provided in §
450-5.5 of this bylaw, a strip or strips of land densely planted (or having equal natural growth as approved by the Planning Board) with shrubs and/or trees at least four feet high at time of planting, of a type that will form year-round dense screening. Such area must be without buildings, structures, parking or other accessory uses, except that a public road right-of-way may pass through a buffer as close to 90° as possible and except for any fencing for the purposes of noise abatement, security and/or grading, as deemed appropriate by the Planning Board.
BUILDINGAny structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature. For the purpose of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature. The word "building" shall be construed, where the context requires, as though followed by the words "or part or parts thereof". A porch is to be considered as part of a building when considering setbacks.
BUILDING COVERAGEThe horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot. Porches and decks are excluded from these calculations in single-family structures.
BUSINESSThe transacting or carrying on of a trade or commercial enterprise, not manufacturing, with a view to profit, or for livelihood.
CARRY-OUT RESTAURANTAn 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.
CEMETERYA place or area of land, set apart for the burial of the dead, operated, managed and controlled under the provisions of the Massachusetts General Laws, Chapter 114, or a burial place under the care and supervision of the Town or other public authority.
CHILD-CARE FACILITYCenters operating on a regular basis that serve more than six children under seven years of age or under 16 years of age if the children have special needs, or school-age children (under 14 years of age or under 16 years of age if the children have special needs) in programs with supervised group care that are held before or after school hours or during vacation.
COASTAL HIGH-HAZARD AREAThe area subject to high-velocity waters, including but not limited to hurricane wave wash or tsunamis. The area is designated on a FIRM as Zone V, V1-30, VE.
COMMERCIAL VEHICLEAny vehicle currently registered as such with the state Registry of Motor Vehicles or equivalent out-of-state or federal agency and is used primarily in the conduct of a business, as evidenced by signage or other commercial enhancements to the vehicle, as opposed to private family or individual use.
COMMUNITY CENTERA building used for recreational, social, educational and cultural activities, usually owned and operated by a public or nonprofit group or agency.
CONGREGATE ELDERLY AND HANDICAPPED HOUSINGA building or buildings arranged or used for the residence of persons aged 62 or older or for handicapped persons, as defined in Chapter 121B of the Massachusetts General Laws with some shared facilities and services. The services may include meals, housekeeping and personal care assistance.
CONSERVATION LANDThe careful preservation and protection of land in a natural condition owned and/or maintained by the federal government, commonwealth, the Town or a nonprofit organization.
CONTINUING-CARE RETIREMENT COMMUNITYA structure or structures containing independent living units, health-care facilities and/or other related services and amenities provided to three or more elderly persons.
CONVALESCENT OR NURSING HOMEAny institution, however named, whether conducted for charity or profit, which is advertised, announced or maintained for the express or implied purpose of caring for three or more persons admitted thereto for the purpose of nursing or convalescent care.
CONVENIENCE STOREA small retail establishment no greater than 2,500 square feet in floor area that sells principally convenience goods, including but not limited to food, drugs and proprietary goods, and is usually open 15 hours to 24 hours a day.
CORNER LOTA lot bounded on two or more sides by streets. In any corner lot, the street line setback must be maintained from all street lines forming boundaries of a lot.
COTTAGE FOOD OPERATIONA home occupation use that includes the preparation of non-potentially hazardous (i.e., low-risk) food products such as cakes, cookies, breads and confectionaries in the home kitchen of that person's primary residence for off-premises sale to the consumer including through the internet or mail order.
CREMATORYA building containing a furnace designed and intended to be used for cremating the dead, and owned and controlled by a cemetery corporation or crematory corporation duly organized under the laws of the Commonwealth of Massachusetts.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DISTRICTFor the purposes of this Zoning Bylaw, a district designates permitted uses of land based on mapped zones which separate one set of land uses from another. (See §
450-2.1, District locations and boundaries). In Article
IV, Floodplain Overlay District, the word "district" applies only to the Floodplain District, as defined on maps identified within this section.
DWELLINGA building occupied exclusively as a residence for one or more persons.
DWELLING FOR THE AGEDAny institution, however named, which is advertised, announced or maintained for the express or implied purpose of providing care incident to old age to three or more persons over 60 years of age, who are not acutely ill or generally in need of medical or nursing care.
DWELLING UNITOne or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for exclusive use of a single family maintaining a household.
DWELLING, MULTIFAMILYA building containing at least two dwelling units with separate sleeping, cooking and sanitary facilities.
DWELLING, SEMI-DETACHEDA single-family residential unit that is joined on one side to another single-family residential unit and having a common wall between said units.
DWELLING, SINGLE-FAMILYA detached building containing one dwelling unit; also referred to as a "single-family dwelling".
ERECTEDThe word "erected" shall include the words "attached", "built", "constructed", "reconstructed", "altered", "enlarged" and "moved".
EXTENDED-CARE FACILITYA long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit or a home for the aged or a governmental medical institution.
FAMILYA person or a group of persons who live together as a single housekeeping unit under one head. This definition, however, does not apply to nonrelated disabled persons as defined by any applicable federal and/or state law and/or regulations.
FAMILY HOME DAY-CAREAny 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 neighbors or relatives, or the occasional care of children with or without compensation. (Also see the definition of "large family home day-care".)
FARM BUSINESS, COMMERCIAL GREENHOUSE AND FARM STANDA farm stand shall be any structure regulated by the State Building Code used for the sale to the general public of produce, wine, dairy products, natural products and farm-related specialty items, whether processed or in raw state; provided, however, that during primary months of harvest, the majority 51% of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the farm stand is located or other land leased by either. Farm stands may raise and grow any legal product related to agriculture, horticulture, floriculture, viticulture and aquaculture. In addition to the products listed above, a farm stand may purchase from third parties produce, wine, dairy products, natural products and farm-related specialty items, distributed by other so called "cottage farm industries," and sell those products at retail. The foregoing use shall include any farm business or commercial greenhouse.
FAST-FOOD RESTAURANTAn establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA)Administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.
FENCEA man-made barrier intended to prevent escape or intrusion or to mark a boundary.
FLOOD BOUNDARY AND FLOODWAY MAPAn official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
FLOOD HAZARD BOUNDARY MAP (FHBM)An official map of a community issued by FEMA where the boundaries of the flood and related erosion areas having special hazards have been designated as Zone A or E.
FLOOD INSURANCE RATE MAP (FIRM)An official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk-premium zones applicable to the community.
FLOOD INSURANCE STUDYAn examination, evaluation and determination of flood hazards and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
FLOODPLAINThe channel and the relatively flat area adjoining the channel of a natural stream or river which has been or may be covered by floodwater. This includes the area adjoining a river or stream which has been identified as being covered by the 100-year flood as designated on Panel 2501380001B of the East Longmeadow Flood Insurance Rate Map.
FLOODPLAIN, NEW CONSTRUCTIONA. For floodplain management purposes, means structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by a community.
B. For the purpose of determining insurance rates, means structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later.
FLOODWAYThe channel of a river 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.
FORESTRYEstablishments primarily engaged in the operation of timber tracts, tree farms, forest nurseries, the gathering of forest products or in performing forest services.
FRATERNAL ORGANIZATIONA group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements, including related uses such as fraternity houses, sorority houses and dormitories.
FRONTAGEThe common boundary between that portion of a lot in the Town of East Longmeadow and a street, as defined hereinafter in this section, which provides adequate physical access across said boundary to a potential building site. For zoning purposes, lot frontage is the continuous distance between side lot lines measured at the street line, or in the case of a corner lot the intersecting street line (or the midpoint of the corner radius) measured on each street. On the turning radius of a cul-de-sac, lot frontage may be considered as the distance between side lot lines measured at the setback line, provided that the distance measured on the street line shall be at least 75% of the minimum frontage required for the zone in which the lot is situated.
FUNERAL ESTABLISHMENTAn establishment used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
GAMING ESTABLISHMENTAn establishment whose primary function is conducting sweepstakes, lotteries or other games with cash prizes, other than games conducted by the State Lottery Commission, with the exception of nonprofit or religious organizations.
GARAGE, PUBLICA 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.
GASOLINE FILLING STATIONAny building, land area or other premises or portion thereof used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries and similar accessories.
GREEN SPACELand that is partly or completely covered with grass, trees, shrubs, or other vegetation. Green space may also include parks and community gardens.
GROSS FLOOR AREAThe sum of the areas of all floors of the building, including basements, cellars, mezzanine and intermediate floored tiers and penthouses of headroom height, measured from the interior faces of exterior walls or from the center line of walls separating buildings, but excluding: i) covered walkways, open roofed-over areas, porches and similar spaces; and ii) pipe trenches, exterior terraces or steps, chimneys, roof overhangs and similar features.
GROUND SIGNIncludes any and every sign erected on or affixed to the land and any and every exterior sign that is not attached to a building.
HABITABLE AREAThe area of that portion of the principal building, exclusive of porches, breezeways, garages, cellars, basements and any other unfinished area, as measured by the normal dimensions of the structure and commonly used by the occupants of the structure.
HALF STORYThe space between the ceiling of the top story of a structure and the roof, where the area and height are sufficient for sleeping/living in quarters.
HEIGHTIn reference to a building, the vertical distance between the highest point of the roof and the average grade of land on which the building is located.
HELIPORTAn area, either at ground level or elevated on a structure, licensed or approved for the landing and takeoff of helicopters, and including auxiliary facilities such as parking, fueling and maintenance equipment.
HIGHLY HAZARDOUS CHEMICALA. A substance possessing toxic, reactive, flammable or explosive properties and specified by Subsection A(1) of this section.
(1) This definition applies to:
(a) A process which involves a chemical at or above specified threshold quantities;
(b) A process which involves a flammable liquid or gas on site in one location, in a quantity of 10,000 pounds or more, except for:
[1] Hydrocarbon fuels used solely for workplace consumption as a fuel (e.g., propane used for comfort heating, gasoline for vehicle refueling), if such fuels are not a part of a process containing another highly hazardous chemical covered by this standard;
[2] Flammable liquids stored in atmospheric tanks or transferred which are kept below their normal boiling point without benefit of chilling or refrigeration.
(2) This definition does not apply to:
(b) Oil or gas drilling or servicing operations; or
(c) Normally unoccupied remote facilities.
B. Process. Any activity involving a highly hazardous chemical, including any use, storage, manufacturing, handling or the on-site movement of such chemicals, or combination of these activities. For purposes of this definition, any groups of vessels which are interconnected and separate vessels which are located such that a highly hazardous chemical could be involved in a potential release shall be considered a single process.
HOME-BASED TRADEThe incidental and secondary use of a portion of the home or accessory building thereto as a place for limited storage in connection with an off-premises trade by a homeowner and resident of the premises, as a builder, carpenter, electrician, painter, plumber, landscaper or similar person, whose business is conducted off-site. Said use is specifically limited as set forth in §
450-8.8 of the East Longmeadow Zoning Bylaw.
HOME OCCUPATIONAn occupation, trade, or profession, including a not-for-profit organization, which results in a product or service for compensation which is: 1) customarily carried on in a dwelling unit; 2) pursued by a person residing in the dwelling unit; and 3) incidental and secondary to the use of the dwelling unit for residential purposes. Such home occupations may include but are not limited to the following: office or studio of a building contractor, physician or surgeon, dentist, artist, lawyer, handicraft person, architect, professional engineer, realtor or real estate broker, insurance agent or broker, psychologist or counselor, notary public, teacher of scholastic subjects, accountant, hairdresser, beauty parlor operator, or teacher of piano. The use must conform to the standards and conditions which are shown in Table 3-1, Schedule of Use Regulations,
included as an attachment to this chapter.
HOSPITAL OR SANITARIUMAny institution, however named, whether conducted for charity or for profit, which is advertised, conducted or maintained for the express or implied purpose of caring for persons for the purpose of diagnosis or medical or surgical treatment which is rendered within said institution.
HOTELA building operated by a duly licensed innholder where lodging is furnished and food may be served to transient or permanent guests, and which has a public dining room and general kitchen. See also "lodging, short-term."
IMMEDIATE FAMILYFor the purposes of §
450-8.8, a spouse, parent, step-parent, children, step-children, siblings and step-siblings that reside at the permitted site.
IMPROVED TOWN STREETA way which has been constructed in accordance with the engineering specifications and standards promulgated by the Town of East Longmeadow Department of Public Works.
INDOOR SELF-STORAGEA facility that provides indoor units leased to individuals and business owners for the purpose of storing and removing personal property. Such facilities may be climate-controlled, individually secured, and may have multiple stories with elevator access. The majority of the storage units must be accessed from within the building. Any storage units to be accessed from the exterior of the building shall be ground-floor units and shall be appropriately screened to minimize their visibility from public ways. No storage unit shall be used as a residence.
JUNKAny scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, baling, disposal or other use or disposition.
JUNKYARDAny area, lot, land, parcel, building or structure or part thereof used for the storage, collection, processing, purchase, sale or abandonment of wastepaper, rags, scrap, metal or other scrap or discarded goods, materials, machinery or two or more unregistered, inoperable motor vehicles (except those kept within a totally enclosed structure), or other type of junk.
KENNEL, COMMERCIALAn establishment used for the boarding or overnight stays of cats and dogs that are not the property of the owner of the establishment, at which such services are rendered in exchange for consideration and in the absence of the owner of any such cat or dog; provided, however, that “commercial kennel” or “boarding” shall not include an animal shelter or animal control facility.
LANDING STRIPA place where aircraft can land and take off, usually equipped with hangers, facilities for refueling and repair and various accommodations for passengers.
LARGE FAMILY HOME DAY-CAREAny 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 shall not exceed 10, including participating children living in the residence and the proper day-care licensing is up-to-date and available for viewing. As per the Massachusetts Department of Early Education and Care regulations, a certified assistant will be present when deemed necessary. "Family home day-care" shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation.
LICENSED MASSAGE THERAPY SALONA place, office, clinic or establishment licensed by the Board of Registration of Massage Therapy to offer massage services.
LODGEA place where members of a local chapter of an association hold their meetings; and the local chapter itself.
LODGING, SHORT-TERMAn establishment providing lodging for not to exceed 30 days for money or barter. This shall include online room-sharing services.
LONG-TERM CARE FACILITYAn institution or a distinct part of an institution which is licensed or approved to provide health care under medical supervision for 24 or more consecutive hours to two or more patients who are not related to the governing authority or its members by marriage, blood or adoption.
LOTA parcel of land which is or may be occupied by a principal building and its accessory buildings, together with such open yard areas or spaces as required under the provisions of this bylaw.
LOT LINEA line of record bounding a lot which divides one lot from another or from a public or private street or any other public space.
LOT LINE, FRONTThe lot line separating a lot from a street right-of-way. (See Diagram 8-1.)
LOT LINE, REARThe 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 lot line. In the case of a corner lot, the rear lot line shall be the line opposite the street line of the street on which the building is or would be numbered. See Diagram 8-1.
LOT LINE, SIDEAny lot line other than a front or rear lot line. (See Diagram 8-1.)
LOT, BUILDABLELand area available, under the bylaw and other lawful restrictions, for the location of a main building. A buildable lot does not include watercourses, water bodies, banks, bordering vegetated wetland or other protected zones as defined by the Massachusetts Wetlands Protection Act Regulations, 310 CMR 10.00. Such lot must have frontage on a street or way as defined below, excepting only a preexisting lot exempted by the provisions of MGL c. 40A, § 6.
LOWEST FLOORThe lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of NFIP Regulations 60.3.
MANUFACTURETo compound, blend, extract, infuse or otherwise make or prepare a marijuana product.
MARIJUANA ACCESSORIESEquipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing marijuana into the human body.
MARIJUANA CULTIVATORAn entity licensed to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.
MARIJUANA DISPENSARY, REGISTERED (RMD)A not-for-profit entity registered under 105 CMR 725.100 that acquires, cultivates, possesses, processes [including development of related products such as edible marijuana-infused products ("MIPs"), tinctures, aerosols, oils or ointments], transfers, transports, sells, distributes, dispenses or administers marijuana, products containing marijuana, related supplies or educational materials to registered qualifying patients or their personal caregivers. Unless otherwise specified, "RMD" refers to the site(s) of dispensing, cultivation and preparation of marijuana.
MARIJUANA ESTABLISHMENTA marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business.
MARIJUANA PRODUCT MANUFACTURERAn entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.
MARIJUANA PRODUCTSProducts that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
MARIJUANA RETAILERAn entity licensed to purchase and deliver marijuana to and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
MARIJUANA TESTING FACILITYAn entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants.
MASSAGEThe systematic treatment of the soft tissues of the body by use of pressure, friction, stroking, percussion, kneading, vibration by manual or mechanical means, range of motion for purposes of demonstrating muscle exertion or muscle flexibility and nonspecific stretching. Massage therapy may include the use of oil, ice, hot and cold packs, tub, shower, steam, dry heat or cabinet baths, in which the primary intent is to enhance or restore the health and well-being of the client. Massage therapy shall not include diagnoses, the prescribing of drugs or medicines, spinal or other joint manipulations or any services or procedures for which a license to practice medicine, chiropractic, occupational therapy, physical therapy or podiatry is required by law.
MEDICAL CLINICAn establishment primarily engaged in furnishing medical, surgical or other services to individuals on an outpatient basis, including the offices of physicians, dentists and other health practitioners and other types of medical supplies and services.
MEMBERSHIP ORGANIZATIONAn organization operating on a membership basis with pre-established formal membership requirements and with the intent to promote the interests of its members. Such an organization includes trade associations, professional organizations, unions and similar political and religious organizations.
MIXED-USE VILLAGE DEVELOPMENTA development consisting of a mixture of residential, commercial and business uses and building types, including single-family dwellings, townhouses, multifamily dwellings with or without attached business or commercial spaces, business and commercial buildings, recreation facility, and open space.
MOBILE HOMEA structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling unit, with or without a permanent foundation when connected to the required facilities. For the purposes of this bylaw, a mobile home shall not be deemed a "single-family dwelling" and is not permitted; however, when necessary as defined in the Table of Use Regulations, Subsection B(4), said use is temporary and not to exceed 12 months.
MOTELAn establishment providing transient accommodations containing six or more rooms with at least 25% of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building. Also see "lodging, short term."
MOTOR VEHICLE SALESA lot and/or structure where motor vehicles are on display for sale, lease, rent and/or service.
MULTIFAMILY DWELLINGSA building containing at least two dwellings with separate sleeping, cooking, and sanitary facilities.
NONACCESSORY SIGNAny billboard, sign or other advertising device not an accessory sign.
NUISANCE DOGA dog that: i) by excessive barking or other disturbance, is a source of annoyance to a sick person residing in the vicinity; or ii) by excessive barking, causing damage or other interference, a reasonable person would find such behavior disruptive to one’s quiet and peaceful enjoyment; or iii) has threatened or attacked livestock, a domestic animal or a person, but such threat or attack was not a grossly disproportionate reaction under all circumstances.
NURSING HOMEAn 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.
OPEN SPACEOutdoor space for passive or active use. It includes, but is not limited to, recreation areas, landscaping, hardscape, water features, seating areas, plazas, gazebos, sidewalks and trails. Open space does not include parking areas or parking lot landscaping.
PARKING AREAAny open space used for parking motor vehicles exclusively, and in which no gasoline nor motor vehicle accessories are sold, or no other business conducted.
PERSONAL SERVICE SHOPEstablishments primarily engaged in providing services involving the care of a person, including but not limited to beauty shops, barber shops, nail salons and massage therapy salons.
PET DAY CARE AND GROOMINGThe caring for, maintaining, grooming, training and safe keeping of pets of a domestic nature during normal daytime business hours. This does not include overnight kennel services.
PRIVATE USESUses belonging to or intended for a nonpublic or nongovernmental group.
PROFESSIONAL ENGINEERA person employed in a practice of engineering as defined in MGL c. 112, § 81D and acts amendatory thereto.
PROFESSIONAL OFFICEThe office of a member of a recognized profession, including but not limited to an accountant, lawyer or architect, maintained for the conduct of that profession.
PUBLIC USESUses owned or operated by a government entity or a nonprofit organization for the general welfare of the community.
PUBLIC UTILITYA closely regulated private enterprise with an exclusive franchise for providing a public service.
RECREATIONAn activity that people engage in during their free time, that people enjoy, and that people recognize as having socially redeeming values.
RECREATION FACILITYA place designed and equipped for the conduct of sports, leisuretime activities and other customary and usual recreational activities.
RECREATION FACILITY, PRIVATEA recreation facility operated by a nonprofit organization, and open only to bona fide members and guests of such nonprofit organization.
RECREATIONAL VEHICLEA vehicular-type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodations for recreational, camping and travel use and including but not limited to travel trailers, truck campers and camping trailers and self-propelled motor homes.
RESEARCH LABORATORYAn establishment for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of said investigation.
RESTAURANTAn establishment where food and drink are prepared and/or served within the primary building or for take-out.
RIDING ACADEMYAn establishment where horses are boarded and cared for and where instruction in riding, jumping and showing is offered and the general public may, for a fee, hire horses for riding.
ROOMING HOUSEA house where lodgings with furniture are rented to people to live in without public dining or cooking facilities.
SCHOOLA building devoted to the instruction or education in primary, secondary or post-secondary schooling.
SELF-SERVICE STORAGE FACILITYAny real property designed or used for the purpose of renting or leasing individual storage space to tenants who are to have access to that space for the purpose of storing and removing personal property. A self-service storage facility is not a warehouse. All storage units must be individually secured and no storage unit shall be used as a residence. All buildings within a self-service storage facility shall be limited to one story.
SERVICEThe performance of any act for the benefit of another with a view to profit, or for a livelihood; the act of conducting a service enterprise; the performance of any act for the convenience, service or benefit of an ultimate customer or patron.
SERVICE ENTERPRISEAny enterprise intended to be conducted for profit which deals directly with and is accessible to the ultimate customer or patron and which has for its principal purpose the performance of any act for the convenience, service or benefit of such customer or patron.
SETBACKA. MINIMUM REQUIRED SETBACKThe minimum required unoccupied space or area between the lot line and the part of the building nearest such lot line, such unoccupied space or area extending the entire width or distance across the lot.
B. BUILDING SETBACKThe unoccupied space or area between the lot line and the part of the building nearest such lot line, such unoccupied space or area extending the entire width or distance across the lot.
SHOPPING CENTERA group of commercial establishments planned, constructed and managed as a total entity, with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.
SHORT-TERM RENTALAn occupied property that is not a hotel, motel, lodging or bed-and-breakfast establishment, where at least one room or unit is rented out by an operator through the use of advance reservations. A short-term rental includes an apartment, house, cottage, and condominium. It does not include property that is rented out through tenancies at will or month-to-month leases. It also does not include time-share properties, or bed-and-breakfast homes.
SIGNIncludes any letter, word, symbol, drawing, picture, design, device, article and object that advertises, calls attention to or indicates any premises, person or activity, whatever the nature of the material and manner of composition or construction.
SIGN, ACCESSORYAny billboard, sign or other advertising device that advertises, calls attention to or indicates the person occupying the premises on which the sign is erected or the business transacted thereon, or advertises the property itself or any part thereof as for sale or to let, and which contains no other advertising matter.
SIGN, AREA OFThe area of a sign shall be considered to include all lettering, wording and accompanying designs and symbols, together with the background on which they are displayed, any frame around the sign and any "cutouts" or extensions, but shall not include any supporting structure or bracing.
A. The area of a sign consisting of individual letters or symbols attached to a surface, building wall or painted on a window shall be considered to be that of the smallest quadrangle or triangle which encompasses all of the letters and symbols.
B. The area of a sign consisting of a three-dimensional object shall be considered to be the area of the largest vertical cross-section of that object.
C. In computing the area of signs, both sides of V-shaped signs, but only one side of back-to-back signs, shall be counted.
SPECIAL FLOOD HAZARD AREAAn area having special flood and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, A1-30, AE, A99, AH, V, V1-30, VE.
SPECIAL PERMITA 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.
STABLE/BARNA structure that is used for the shelter or care of horses and other domesticated animals and/or cattle.
START OF CONSTRUCTIONThe actual start of construction means the first alteration of any land, wall, ceiling or floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
STORYThe horizontal portion through a building between floor and ceiling. The word "story" shall not include the portion of the basement or cellar of a building above grade. The word "story" shall not include "attic" unless it has a finished floor and seven feet of clearance.
STREETA public way, a private way shown on a plan approved under the Subdivision Control Law and recorded at the Hampden County Registry of Deeds as required, or a way in existence when the Subdivision Control Law became effective in East Longmeadow, having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the proposed use of the abutting land or land to be served thereby.
STREET LINEThe dividing line between a street and the deeded lot line.
STRUCTUREA 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, sign, flagpole, mast for a radio antenna or the like. The word "structure" shall be construed, where the context allows, as though followed by the words "or part or parts thereof".
A. For floodplain management purposes, "structure" means a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
B. For insurance coverage purposes, "structure" means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on foundation. For the latter purpose, the term includes a building while in the course of construction, alteration or repair, but does not include building materials or supplies intended for use in such construction, alteration or repair, unless such materials or supplies are within an enclosed building on the premises.
SUBASSEMBLYAn assembled unit forming a component to be incorporated into a larger assembly.
SUBDIVISIONThe division of a tract of land into two or more lots and shall include resubdivision, and when appropriate to the context shall relate to the process of subdivision or the land or territory subdivided; provided, however, that the division of a tract of land into two or more lots shall not be deemed to constitute a subdivision within the meaning of the Subdivision Control Law if, at the time when it is made, every lot within the tract so divided has frontage on 1) a public way or a way which the Clerk of the Town certifies is maintained and used as a public way, or 2) a way shown on a plan theretofore approved and endorsed in accordance with the Subdivision Control Law, or 3) a way in existence when the Subdivision Control Law became effective in the Town of East Longmeadow, having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon. Such frontage shall be of at least such distance as is then required by the Zoning Bylaw of the Town of East Longmeadow for erection of a building on such lot, and if no distance is so required, such frontage shall be of at least 20 feet. Conveyances or other instruments adding to, taking away from or changing the size and shape of lots in such a manner as not to leave any lot so affected without the frontage above set forth, or the division of a tract of land on which two or more buildings were standing when the Subdivision Control Law went into effect in the Town of East Longmeadow into separate lots on each of which one of such buildings remains standing shall not constitute a subdivision. Subdivision, including resubdivision, shall be defined in the Subdivision Control Law, MGL Chapter 41.
SUBDIVISION CONTROLThe power of regulating the subdivision of land granted by the Subdivision Control Law and any acts amendatory thereto.
SUBSTANTIAL DAMAGEDamage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENTAny reconstruction, rehabilitation, addition or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the start of construction of the improvement. This term includes structures which have incurred, substantial damage, regardless of the actual repair work performed.
SUPERMARKETA retail establishment primarily selling food as well as other convenience and household goods with customer and employee parking provided.
TAVERNAn establishment used primarily for the serving of liquor to the general public and where food may be served or sold only as an accessory to the primary use.
THOROUGHFAREA road or way connecting one location to another. On land, a thoroughfare may refer to anything from a multilane highway to a rough trail. Thoroughfares are used by a variety of traffic, such as cars on roads and highways. On water, a thoroughfare may refer to a strait, channel or waterway. The term may also refer to access to a route, distinct from the route itself. In other words, "thoroughfare" may refer to the legal right to use a particular way.
TOWN HOUSEA single-family dwelling connected by one or more common walls; however, there shall be no more than six and no less than two townhouses per structure.
TRADE VEHICLEA commercial vehicle used in the operation of a home-based trade.
TRAILERThat which attaches to the back of a trade vehicle for the purpose of transporting objects or materials required by the home-based trade. Pursuant to Massachusetts General Laws Chapter 90, trailers must be registered and have a seventeen-digit VIN number.
UNITA. In residential property, a building or portion thereof designed for occupancy by one family.
B. In commercial property, a building or portion thereof designed for occupancy by one business.
USEThe purpose or activity for which land or buildings are occupied or maintained.
VARIANCEA departure from the provisions of a zoning bylaw relating to setbacks, side yards, frontage requirements and lot size, but not involving the actual use or structure. A variance is granted following three requirements that all relate to the land. A variance is requested because:
A. Of circumstances relating to the soil conditions, shape or topography of the land especially affecting the land but not the surrounding lots in the district;
B. A literal enforcement of the bylaws will involve substantial hardship; and
C. The granting of a variance would not be substantially detrimental to the public good and will not nullify or substantially derogate from the intent or purpose of the bylaw.
VARIANCE, USEA variance granted for a use or structure that is not permitted in the district. There are no use variances allowed in East Longmeadow. The ZBA is only authorized to issue dimensional variances.
VEHICLEIncludes cars, trucks, recreational vehicles, vans and mobile construction equipment.
VETERINARY HOSPITALA place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to hospital use.
WALLAn upright structure comprised of but not limited to stone, masonry or concrete material serving to enclose, divide or protect an area.
WAREHOUSE OPERATIONSA facility consisting of one or more buildings used primarily for the storage of goods and materials. Such a facility may also include terminal facilities for handling freight, with or without maintenance facilities.
WHOLESALE BUSINESSA business engaged in selling merchandise to retailers; to industrial, commercial, institutional or other professional business users; or to other wholesalers.
WHOLESALE TRADE AND DISTRIBUTIONEstablishments 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.
YARD DEPTHThe shortest distance between a front lot line and a rear yard lot line.
YARD, FRONTA space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. Such front yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in the bylaw. (See Diagram 8-1.)
YARD, REARA space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line. Such rear yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in the bylaw. (See Diagram 8-1.)
YARD, SIDEThe required unoccupied space or area within the lot between the side lot line and the parts of the building nearest such side lot line. (See Diagram 8-1.)
ZONE AThe 100-year floodplain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state, local or other data.
ZONE A99Areas to be protected from the 100-year flood by federal flood protection system under construction. Base flood elevations have not been determined.
ZONE VA special flood hazard area along a coast subject to inundation by the 100-year flood with the additional hazards associated with storm waves. Base flood elevations have not been determined.
ZONES B, C AND XAreas identified in the community's Flood Insurance Study as areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised maps.
ZONINGThe dividing of a municipality into districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings.
Diagram 8-1  For Definition Use Only |