East Longmeadow City Zoning Code
ARTICLE III
Use Regulations
§ 450-3.0 Applicability of use regulations.
Except as provided elsewhere in this bylaw, no building or structure shall be erected or altered, and no building, structure or land shall be used or occupied for any purpose other than as provided for in this section.
A.
Use designations. The restrictions and controls intended to regulate development in each district are set forth in Table 3-1, East Longmeadow Schedule of Use Regulations.[1] The following notations apply to the Schedule of Use Regulations:
[Amended 11-14-2023]
Y | Yes - designates uses allowed by right in the district indicated. Site plan review is required for all uses as prescribed in Article IX of this Zoning Bylaw. (***NOTE: Subdivisions are covered by the Town of East Longmeadow Subdivision Rules and Regulations.) |
N | No - designates uses prohibited in the district indicated. |
SP | Special permit - designates uses only allowed in the district with a special permit and site plan review as outlined in Article VIII, Special Permits. |
[1]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
B.
Uses subject to other regulations. Uses permitted and uses allowed by special permit shall be in conformity with all density and dimensional regulations and any other pertinent requirements of this bylaw.
C.
Exemptions.
(1)
Uses for federal government or the commonwealth, not-for-profit educational organizations and religious organizations. In accordance with MGL Chapter 40A, any facilities or uses where owned and/or operated by the federal government or the commonwealth, or not-for-profit educational organizations or religious organizations are exempt from the special permit process of this bylaw. See Article VIII.
§ 450-3.1 Prohibited uses.
A.
Any use not listed herein or otherwise permitted in a district shall be deemed as prohibited. Additionally, all enterprises or industrial uses commonly regarded as hazardous or offensive are specifically prohibited in all districts
B.
Prohibited uses shall include, but are not limited to, the following:
(1)
Industrial uses.
Acetylene gas, cyanide compound or oxygen manufacture | |
Asphalt manufacture or refining | |
Chlorine or bleaching powder manufacture | |
Creosote manufacture | |
Distillation of coal or wood | |
Drop forge shop | |
Explosives, fireworks or ammunition manufacture | |
Fertilizer manufacture | |
Fumigation plants | |
Glue or size manufacture from fish or animal offal | |
Gypsum, cement, plaster or plaster of paris manufacture | |
Incineration or reduction of or dumping of offal, garbage or refuse on a commercial basis (except where controlled by the Town) | |
Junkyard, junk storage, scrapping of autos and parts and the salvage thereof | |
Linoleum manufacture | |
Paint and lacquer manufacture | |
Match manufacture | |
Petroleum refining and the bulk storage of petroleum products | |
Potato chip plant | |
Pyroxylin plastic manufacture | |
Rubber, natural or synthetic, or gutta-percha manufactured from crude or scrap material | |
Sewage disposal plant (except where controlled by the Town) | |
Soap, tallow, grease or lard manufacture | |
Slaughterhouse | |
Sulfurous, sulfuric, nitric or hydrochloric acid manufacture | |
Tannery | |
Tar or asphalt roofing manufacture | |
Tar products manufacture | |
Tire re-capping or re-treading | |
All re-capping or re-treading |
(2)
General uses.
(a)
Mobile homes, except as required by law.
(b)
Outdoor motion-picture establishments.
(c)
Any establishment offering drive-up or drive-through services for the sale and/or purchase of item(s) for human consumption.
(d)
Trailer camps, overnight camps, cabins, motels or other such facilities for temporary lodging.
(e)
Mobile home park.
(f)
Body and fender work.
(g)
Recreational marijuana (marijuana not medically prescribed by a licensed physician), including all marijuana cultivators, marijuana testing facilities, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana-related businesses.
[Added 3-19-2018]
§ 450-3.2 Dimensional and density regulations.
All permitted uses allowed by special permit shall be in conformity with the dimensional and density regulations set forth in Table 3-2, Table of Dimensional Regulations.[1]
[1]
Editor's Note: The Table of Dimensional Regulations is included as an attachment to this chapter.
§ 450-3.3 Additional use, dimensional and density regulations.
[Amended 4-12-2022; 11-14-2023; 2-11-2025; 7-8-2025]
A.
General provisions.
(1)
Cornices. Cornices may extend not more than 2 1/2 feet over or into any required front yard, side yard or rear yard.
(2)
Fences or walls.
(a)
All boundary fences and/or walls shall require a building permit from the Building Commissioner.
(b)
No fence more than one-quarter solid or wall greater than four feet in height shall be erected closer to the front lot line than the setback of the primary building. The setback is the unoccupied space between the lot line and the building, with said unoccupied space extending the entire distance across the lot. In the event of a corner lot, the front yard setback shall apply from all lot lines forming boundaries of a lot. See Fence Diagrams A and B.
Fence Diagram A - Standard Lot Depiction  |
Fence Diagram B - Corner Lot Depiction  |
(c)
All other fences must be at least six inches from any lot line.
(d)
Walls in Residence Districts, except retaining walls, shall be erected not less than three feet from any lot line.
(e)
Fence requirements for swimming pools. Fences surrounding swimming pools shall conform to the setback, side yard, and rear yard requirements for a principal building for the district in which the pool is constructed. [See Subsection B(4), Setback.] For additional criteria for pool fencing, see § 450-5.9E, Safety devices.
(3)
Lights. Lights, floodlights, spotlights or other illuminating devices shall be so directed as to not constitute a hazard or distraction to vehicular traffic, and, further, shall not be objectionable to any residential area.
(4)
Vision clearance. Between the lines of streets intersecting at an angle of less than 135° and a line joining points on such lines 35 feet distant from the point of intersection, no building or structure may be erected and no vegetation maintained between a height of two feet and eight feet above the plane through their curb grades.
(5)
Preparation and service of food and drink. The preparation and/or service of food and drink in any manner is expressly prohibited, with the exception of those establishments in which the entire process of service takes place within the primary building. In no case shall the operation of what is commonly known as a drive-in, drive-through or drive-up restaurant be permitted. Drive-up window service is prohibited.
(6)
Means of entry or exit. No entrances, exits, driveways or any other means of effective entry or exit into any public way shall be hereafter constructed or used without the approval of the Department of Public Works.
(7)
Waste disposal areas. The operation of a public waste disposal area by the Town under the supervision of the Board of Health shall not constitute a violation of any of the provisions of this Zoning Bylaw, provided that the location is assigned by the Board of Health in accordance with statutory provisions and provided that the only type of waste disposal used therein is the sanitary landfill and cover method; that no burning of refuse or other nuisance shall be permitted; and that such disposal area is operated in strict accordance with Board of Health regulations.
(8)
Unregistered vehicles in districts where residential uses are allowed.
(a)
The keeping of more than one unregistered or inoperable vehicle, assembled or disassembled, and in sight of all abutters and public ways, for more than 30 days on any premises shall not be permitted. The condition of said unregistered vehicle shall not pose a safety or health issue. All other unregistered vehicles on residential parcels must be stored in an enclosed building, out of sight of all abutters and public ways. The use of a tarp or similar material to satisfy the out-of-sight requirement is prohibited.
(b)
The keeping of unregistered truck trailers or the like, either assembled or disassembled, on a parcel is prohibited for all residential uses, except the aforementioned will be exempt when used for agriculture or farm business. See definitions of "agriculture," "farm business" and "vehicle" in Article XI of the East Longmeadow Zoning Bylaw.
(9)
Recreational vehicles. Recreational vehicles, or trailers for the purpose of carrying recreational equipment, may be kept or stored on any lot where the principal use of said lot is residential in nature. Any such recreational vehicle or trailer shall be kept in the side or rear yard and/or at least to the rear of the setback line of the primary building. Recreational vehicles shall not be used for living quarters.
(10)
Used motor vehicle sales on private property.
(a)
No used motor vehicle may be offered for sale on any private property except in accordance with MGL Ch. 90 and with a license granted under MGL c. 140, § 57. Individuals who do not possess a license under MGL c. 140, § 57, must also adhere to the following conditions:
B.
Residential Districts AA, A, B and C.
(1)
Accessory buildings in residential areas.
(a)
Accessory uses customarily incidental to any use or building permitted herein are permitted, provided that such use shall not be offensive nor dangerous to life by reason of health or fire; and further provided that such accessory use shall not include any business, industry, trailer camp, manufacturing or commercial use or other activity conducted for gain, other than what is specifically set forth in § 450-8.8 for home-based trade together with a special permit.
(b)
Not more than one house trailer may be located on any lot. Such trailer may not be used for living quarters. Such trailer shall conform to accessory building setback, side yard and rear yard requirements of the district in which it is located.
(2)
Private garages. A garage or storage space for private motor vehicles shall be permitted only as an accessory use and shall be subject to all the applicable provisions of this bylaw pertaining to accessory buildings.
(3)
Lot coverage. No building shall be erected or altered so as to cover more than 25% of the area of the lot on which it is located. No principal building shall be erected so as to cover less than 7% of the lot area in which it is located in Residence District C. In the event that the lot area in Residence District C exceeds the minimum lot area, the minimum lot coverage shall be no greater than that required for a minimum-sized lot expressed in square feet.
(4)
Setback.
(a)
Accessory building or structure setback shall be the setback of the district of the primary building, and the setback, side yard and rear yard requirements must be met for that district in which the accessory building or structure is constructed. Any accessory building or structure (not including accessory dwelling units) which shall be constructed within the side yard and/or rear yard in the district in which it is constructed shall be erected in such a manner that no portion of this accessory building or structure shall be closer to the street line or lines than the maximum rear setback of the primary building, plus 10 feet, in which event an accessory building or structure may be constructed within five feet of the side lot line or rear yard line. Notwithstanding the foregoing, fencing for neighborhood swimming pools shall conform to the setback, side yard and rear yard requirements for a principal building for the district in which such pool is constructed.
(b)
No part of any building or other structure, including porches, breezeways, or other structures attached to the primary building, shall be erected so as to be nearer to the street line than the nearest building located within 250 feet of either side of the lot facing the same street and located within the same area or district, but in no case will the required setback in this subsection exceed 60 feet. In the event of a primary structure having been erected prior to this Zoning Bylaw under conditions which allowed its erection with less than the setback requirements of this bylaw, the next building erected adjacent to this lot shall have its setback determined by the following formula: the setback of the existing dwelling added to the setback required in this district, and the result divided by two. The purpose of this shall be to average the required setback with that setback of the existing building. Such formula shall be applied within 250 feet of either side of an existing primary structure which does not conform to the setback requirements in the district in which it is located.
C.
Commercial District.
(1)
Buffer strip requirements. Twelve-foot side yards shall be required for a commercial building or structure, except that when the property abuts a residence or a residential district, a side yard of 25 feet is required. The first 12 1/2 feet of such rear or side yard nearest to the residence or residential district shall be left as a wooded buffer or, if none exits, shall be landscaped by providing trees, shrubs or fencing to provide a practical buffer between the two properties and/or districts. The establishment of this buffer strip shall be an integral part of any required parking plan. Sufficient space and facilities shall be provided for loading and unloading of materials, equipment and merchandise on the premises and entirely off the traveled way. Proper access to the rear of buildings for fire control and general safety shall be provided.
(2)
Lot coverage. In the case of a single-story building, the building area shall not exceed 40% of the lot area and a minimum of 24% of the lot area shall be left as landscaped open space; in the case of a two-story building, the building area shall not exceed 30% of the lot area and a minimum of 16% of the lot area shall be left as landscaped open space. Plot plans must be submitted to the Planning Department for approval of parking provisions in all cases, and to the Department of Public Works Superintendent in accordance with the General Bylaw of the Town of East Longmeadow, Chapter 416, Vehicles and Traffic, § 416-3, and Chapter 450, Off-street parking, § 450-5.6, where applicable.
D.
Business Districts.
(1)
Buffer strip requirements. No specific side yards shall be required for a business building or structure, except that when the property abuts a residence or a residential district, a side yard or rear yard of 25 feet is required. The first 12 1/2 feet of such rear or side yard nearest to the residence or residential district shall be left as a wooded buffer or, if none exits, shall be landscaped by providing trees, shrubs or fencing to provide a practical buffer between the two properties and/or districts. The establishment of this buffer strip shall be an integral part of any required parking plan. Sufficient space and facilities shall be provided for loading and unloading of materials, equipment and merchandise on the premises and entirely off the traveled way. Proper access to the rear of buildings for fire control and general safety shall be provided.
(2)
Lot coverage. Building area shall not exceed 25% of the lot area. Plot plans must be submitted to the Planning Department for approval of parking provisions in all cases, and to the Department of Public Works Superintendent in accordance with the General Bylaw of the Town of East Longmeadow, Chapter 416, Vehicles and Traffic, § 416-3, and Chapter 450, Off-street parking, § 450-5.6, where applicable.
(3)
Limitation on size of buildings in Business Districts.
(a)
The floor area of any building used for retail sales purposes within a Business District shall not exceed 65,000 square feet.
[1]
The floor area is to be calculated using all areas accessible to the general public (i.e., mezzanines and basements), the first floor and all stories above the first floor, and the area of all portions of the site outside the exterior walls of the building used for the display, storage or sale of goods, wares, merchandise or services.
[2]
All floor areas within 1,500 feet of one another shall be aggregated in determining the maximum of 65,000 square feet only if:
[a]
The buildings are being used for the sale of goods, wares, merchandise or services for retail or storing inventory for sale; and
[b]
The floor areas combined are normally operated as a single retail building or retail outlet for sales purposes; and
[c]
The floor space is operated or controlled by a common owner.
(b)
For purposes of this subsection, "common owner" shall mean any legal entity where an owner, member of the Board of Directors, partner, officer, member of a limited-liability company or other legal entity has ownership or management rights in each retail business.
E.
Industrial District.
(1)
Buffer strip requirements. When abutting a Residence District, the rear yard and/or the side yard shall be 50 feet. The 25 feet of such rear or side yard nearest to the Residence District shall be left as a natural wooded buffer or, if none exists, shall be landscaped by providing trees, shrubs or fencing to provide a practical buffer between the two districts. The establishment of this buffer strip shall be an integral part of any required parking plan. For commercial, business or industrial uses, facilities shall be provided for loading and unloading all materials, equipment and merchandise on the premises, and entirely off the traveled way.
(2)
Lot coverage. Plot plans must be submitted to the Planning Department for approval of parking provisions in all cases, and to the Department of Public Works Superintendent in accordance with the General Bylaw of the Town of East Longmeadow, Chapter 416, Vehicles and Traffic, § 416-3, and Chapter 450, Off-street parking, § 450-5.6, where applicable. Building area shall not exceed 60% of the lot area.
(3)
Limitation on size of buildings in Industrial Districts.
(a)
The floor area of any building used for retail sales purposes within an Industrial District shall not exceed 65,000 square feet.
[1]
The floor area is to be calculated using all areas accessible to the general public (i.e., mezzanines and basements), the first floor and all stories above the first floor, and the area of all portions of the site outside the exterior walls of the building used for the display, storage or sale of goods, wares, merchandise or services.
[2]
All floor areas within 1,500 feet of one another shall be aggregated in determining the maximum of 65,000 square feet only if:
[a]
The buildings are being used for the sale of goods, wares, merchandise or services for retail or storing inventory for sale; and
[b]
The floor areas combined are normally operated as a single retail building or retail outlet for sales purposes; and
[c]
The floor space is operated or controlled by a common owner.
(b)
For purposes of this subsection, "common owner" shall mean any legal entity where an owner, member of the Board of Directors, partner, officer, member of a limited-liability company or other legal entity has ownership or management rights in each retail business.
§ 450-3.4 Existing buildings, structures and uses.
This bylaw shall not apply to buildings or structures, nor to the existing use of any buildings or structures, or of land, lawfully in existence or lawfully begun prior to the adoption of this bylaw, or to a building or special permit issued before the first publication of notice of the public hearing on such bylaw required by MGL c. 40A, § 5, but shall apply to any change or substantial extension of such use, to a building or special permit issued after the first notice of said public hearing, to any reconstruction, extension or structural change of such structure and to any alteration of a structure begun after the first notice of said public hearing to 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, except where alteration, reconstruction, extension or structural change to a single- or two-family residential structure does not increase the nonconforming nature of said structure.
§ 450-3.5 Nonconforming structures and uses.
A.
General provisions.
(1)
A building, structure or land which at the time of enactment of this Zoning Bylaw revision is being put to a legal nonconforming use may be:
(b)
Altered or enlarged in that use, but only after the granting of a special permit therefor by the special permit granting authority (SPGA) upon the determination of said special permit granting authority that such change, alteration or enlargement shall not be substantially more detrimental to the neighborhood than the existing nonconforming use. Construction or operations under a building or special permit shall conform to any subsequent amendment of the Zoning Bylaw unless the use or construction is commenced within a period of 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.
(c)
Changed to a use deemed less detrimental by the SPGA, provided that, when so changed, it shall not be returned to its former use.
(d)
When a building in which there is a nonconforming use is damaged or destroyed by fire, collapse, explosion or other casualty, reconstructed, repaired or rebuilt only to its previous floor area and cubical content, provided such reconstruction or rebuilding is commenced within six months of such damage or destruction, and provided the nonconforming use is continued.
(2)
When a nonconforming use is discontinued, as evidenced by lack of use or vacancy for a continuous period of 24 months, or by the substitution of a less detrimental use, or changed to a conforming use, such nonconforming use shall not thereafter be reestablished, and all future uses shall be in conformity with the provisions of this bylaw.
B.
Nonconforming lots in Residence Districts.
(1)
Where an adequate potable water supply and safe permanent sewage disposal can be assured, a lot having less than the required lot area and/or lot frontage in the applicable district may be used for a permitted use, provided:
(a)
Said lot has been shown or described separately on a duly recorded plan or deed or was so assessed by the Town Assessors prior to the date of the adoption of the 1962 Zoning Bylaw;
(b)
Any structure built thereon shall conform to the setback, side yard, minimum and maximum lot coverage, and secondary setback requirements of the 1962 Zoning Bylaw.
(2)
Any lot upon which more than one dwelling house was legally in existence at the time of the enactment of the Zoning Bylaw of 1962 may be divided so that said structures are upon separate lots, and sold to separate owners; and in such event, the setback, side yard and rear yard requirements of the Zoning Bylaw shall not apply.
(3)
No lot upon which is located any building used for residence purposes in any district shall be reduced in area so as not to conform with the provisions of this bylaw (except in the above subsection and in the case of such reduction in area resulting from eminent domain proceedings).
(4)
No yard, lot area or other open space required under the Zoning Bylaw for any building shall, while said building exists, be occupied by or considered as such open space required for another principal building.
C.
Nonconforming lots in the Industrial Garden Park District. The lot area, frontage, setback, side yard, rear yard and coverage requirements of this section of the Zoning Bylaw shall not apply, and requirements as set forth below shall apply on any lot having less than the required areas and/or frontage for this district, shown or described separately, on any duly recorded plan or deed, or assessed as a separate lot by the East Longmeadow Assessors prior to the date of the adoption of the 1962 Zoning Bylaw, and if such lot were held and has continued to be held in ownership separate from adjacent lots, from date of adoption of the 1962 Zoning Bylaw.
(1)
Frontage and area of such lots shall be not less than that shown or described separately on any duly recorded plan or deed, or as assessed by the East Longmeadow Assessors at date of the adoption of the 1962 Zoning Bylaw.
(2)
On any lot having less than 200 feet of depth as measured from front lot line to rear lot line, setback for any building shall be not less than 50 feet. On any lot having a depth of 200 feet or more, setback for any building shall be 25% of such depth, or 75 feet, whichever is less.
(3)
On any lot having less than 125 feet of width as measured from side lot line to side lot line at the building setback line, the side yard for any building shall not be less than 20 feet. On any lot having a width of 125 feet or more, the side yard for any building shall be 16% of such width, or 40 feet, whichever is less.
(4)
On any lot having less than 200 feet of depth from front lot line to rear lot line, the rear yard for any building shall be not less than 40 feet. On any lot having a depth of 200 feet or more, the rear yard for any building shall be 20% of such depth, or 50 feet, whichever is less.
(5)
On any lot having 75,000 square feet of area or less, the building area shall not exceed 50% of lot area or 30,000 square feet, whichever is less. On any lot having an area of more than 75,000 square feet, the building area shall not exceed 40% of lot area.
(6)
In the case of a corner lot fronting on two public ways, setback requirements of this subsection shall apply to the frontage on one of the public ways (with rear yard requirements applying to the opposite side of the lot), and side yard requirements of this subsection shall apply along the remaining boundaries of the lot.
D.
Nonconforming lots in the Commercial District. The lot area and lot frontage requirements of the Zoning Bylaw shall not apply to a lot having less than the required area and/or frontage in a Commercial District, if said lot has been shown or described separately on any duly recorded plan or deed or assessed as a separate lot by the East Longmeadow Assessors prior to the date of the adoption of the 1962 Zoning Bylaw; except that in case of such lot, any structure erected thereon must be in compliance with the setback, side yard, rear yard, minimum lot coverage and secondary setback requirements of the 1962 Zoning Bylaw.