Hadley City Zoning Code
SECTION V
General Regulations
§ 5.1 Nonconforming uses.
5.1.1.
The lawful use of any structure or land existing at the time of the enactment or subsequent amendment of this bylaw may be continued although such structure or use does not conform to provisions of the bylaw.
5.1.2.
Alteration. A nonconforming structure may not be altered or reconstructed if the cost of such alteration or reconstruction exceeds the assessed value of the structure at the time of the change, except as provided in § 5.1.7.
5.1.3.
Extensions. No increase in the extent of the nonconforming use of a structure or land may be made, except as provided herein under § 5.1.7.
5.1.4.
Restoration. No nonconforming structure damaged by fire or other causes to the extent of more than 75% shall be repaired or rebuilt except in conformity with the bylaws.
5.1.5.
Nonuse. A nonconforming use which has not been used for a period of two years or more shall not be reestablished and any future use shall be in conformity with this bylaw.
[Amended 5-5-2011 ATM by Art. 18]
5.1.6.
Changes. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use.
5.1.7.
Regulations of nonconforming uses or structures. Notwithstanding any language in this bylaw to the contrary, preexisting nonconforming structures or uses may be extended, altered or changed, provided that no such extension, change or alteration shall be permitted unless the Board of Appeals makes a finding that such change, extension or alteration is not substantially more detrimental than the existing nonconforming use to the neighborhood.
5.1.8.
Construction or operations under a building or special permit shall conform to any subsequent amendment of the bylaw 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.
[Added 5-22-2006]
§ 5.2 Accessory buildings.
[Amended 5-7-1987; 5-5-2011 ATM by Art. 18]
No accessory building or structure, except for a sign, which shall be governed by the sign section of this bylaw contained in Section VII, shall be located within the required front yard area. No accessory buildings shall be located in any side yard area nearer to the side lot line than 15 feet, or in a rear yard area nearer to the rear lot line than 15 feet, except in a Business or Industrial District where the setback for accessory buildings from the rear lot line will be 50 feet. "Accessory use" is a use incidental to the principal use of a building as defined and limited by the provision of the Zoning Bylaw.
§ 5.3 Floodplain restrictions.
[Amended 10-27-2016 STM by Art. 19]
In a Floodplain District uses otherwise permitted as set forth in Section III may be authorized after finding by the Board of Appeals, after a hearing with due notice given, that said use will not endanger the health or safety of the occupants thereof. New residential uses are not permitted.
§ 5.4 Parking requirements.
5.4.1.
Any building hereafter constructed or modified, altered or expanded for limited business, business, or industrial use (except as provided in § 5.4.3 below, which shall supersede the parking requirements of this § 5.4.1) shall be so located upon its parcel of land that there may be provided an off-street parking area equal to twice the floor area of the building to be constructed or existing building to be modified, altered or expanded. "Floor area" is defined as gross square footage under cover, as well as outdoor storage areas, outdoor display areas, outdoor seating and/or outdoor food service areas, and any other outdoor facilities related to the use. The Planning Board may (but is not required to) waive additional parking for modifications, alterations or expansions of less than 10% of the existing floor area.
[Amended 11-8-2007 STM by Art. 19; 6-20-2020 ATM by Art. 22]
5.4.2.
"Off-street parking area" shall be defined as area delineated for vehicles which are currently licensed/registered for over the road use and used for customer, employee, vendor, or delivery vehicle parking. Parking or storage areas for items which are or will be sold and not meeting the above definition shall be considered display areas and subject to said 2:1 parking requirements. The Planning Board shall have the authority to waive the definition of "off-street parking area" when, it its judgment, such action is in the public interest and not inconsistent with the intent of this Zoning Bylaw; however, it shall not have authority to waive the 2:1 requirement.
[Added 10-16-2008 STM by Art. 22]
5.4.3.
Any building hereafter constructed or modified, altered, or expanded for industrial/manufacturing use in the Industrial Zoning District shall provide off-street parking spaces equal to one space per 300 square feet of office space floor area, one space per 10,000 square feet of other floor area, and one space for every employee on shift; provided, however, that this requirement may be lowered, increased, or waived by a majority vote of the Planning Board upon a finding that such parking will be adequate for the proposed use and as approved will not constitute a substantial inconvenience or hazard to abutters, vehicles, or pedestrians. "Off-street parking spaces" shall be defined as a paved, delineated space at least nine feet by 18 feet in dimension and sufficient for vehicles which are currently licensed/registered for over the road use. "Other floor area" shall be defined as storage, manufacturing, processing, warehousing, garaging, or similarly used floor area. Outdoor storage of vehicles at a warehouse or storage facility shall not count towards the floor area. Parking for vehicles used in furtherance of the industrial/manufacturing use (such as delivery vehicles, maintenance vehicles, box trucks or the like) and existing on site shall have designated parking spaces on-site in dimensions appropriate for and commensurate with the particular vehicle(s); this requirement shall be in addition to the off-street parking spaces identified above.
[Added 6-20-2020 ATM by Art. 22]
§ 5.5 Open space (20% of lot).
[Added 5-7-1987; amended 5-5-2011 ATM by Art. 18]
Open space is that space on a lot unoccupied by buildings or structures unobstructed to the sky. Open spaces shall not be dedicated to streets, driveways, walks, off-street parking, loading spaces, storage of equipment or supplies, drainage ditches or designated wetlands, and the amount of open space shall be expressed as a total percentage (20% of total lot area). This area shall be maintained by vegetation and plantings.
§ 5.6 Wetlands restrictions on building lots.
[Added 10-26-1988]
Every building lot created after the effective date of this amendment shall contain the following amount of upland: 1/3 acre if the lot is not to be sewered and 1/4 acre if the lot will be sewered. For the purpose of this bylaw, "upland" is defined as land which is neither defined as wetlands under the Massachusetts Wetlands Protection Act[1] nor located within 100 feet of such wetlands.
[1]
Editor's Note: See MGL c. 131, §§ 40 and 40A.
§ 5.7 Vehicular egress/access to a lot and common driveways.
[Added May 1998; amended 5-2-2014 ATM by Art. 29]
Vehicular egress/access to a lot must be across the front lot line of the lot meeting the minimum frontage requirements, except that the Planning Board may (but is not required to) issue a special permit as provided in § 6.2.2 to permit vehicular egress/access to a lot over a front lot line having less than the required minimum frontage or over any side lot line or rear lot line when, in its judgment, such action is in the public interest and not inconsistent with the intent of this Zoning Bylaw.
In addition to and in conjunction with this, the Planning Board may issue a special permit permitting a common driveway (a single curb cut and driveway providing vehicular egress/access to more than one lot) when, in its judgment, such action is in the public interest and not inconsistent with the intent of this Zoning Bylaw, provided:
5.7.1.
Said common driveway shall not service more than three residential lots. In the case of commercial/retail and industrial/manufacturing uses in Business and Industrial zoned Districts a common driveway may serve more than three lots, but the total shall be set by the Planning Board in the issuance of their special permit.
5.7.2.
Said common driveway shall provide the only vehicular egress/access to the lots being serviced by it, and this shall be so stated in the deeds to the subject lots.
5.7.3.
Said common driveway shall not be eligible for maintenance by the Town or for acceptance by Town Meeting as a street, and this also shall be so stated in the deeds to the subject lots.
5.7.4.
The grade, length and location of the common driveway shall be of suitable construction, in the opinion of the Planning Board, for the access and turnaround of the number and types of vehicles, including moving vans, ambulances, fire and police, which will be utilizing such driveway.
5.7.5.
For common driveways servicing commercial/retail and industrial/manufacturing uses in Business and Industrial zoned Districts, the design and construction standards of said common driveway shall be set by the Planning Board in the issuance of their special permit.
5.7.6.
Common driveways servicing residential properties shall comply with all of the following:
5.7.6.1.
Shall have a length of no more than 500 feet; and
5.7.6.2.
Shall have a width of at least 15 feet; and
5.7.6.3.
Shall have passing turnouts providing a total width of at least 20 feet along a distance of at least 25 feet, spaced with no more than 300 feet between turnouts, and with the first such passing turnout being located at the driveway connection to the street; and
5.7.8.
Where applicable, easements and easement plans must be submitted with the special permit application.
§ 5.8 New residential construction above 350 feet elevation.
[Added 5-4-2000]
There shall be no construction of residential dwellings or commercial buildings on that portion of a lot which is above 350 feet elevation above sea level within one mile of a state park as defined by U.S. Geological Survey maps. If a lot has no buildable area below 350 feet, no construction will be permitted without a special permit from the Planning Board. Such special permit will be granted only it the Planning Board finds that the applicant has taken all feasible measures to eliminate or diminish the effect of such construction on the scenic, natural and historic values of the Mount Holyoke Range.
§ 5.9 Motor vehicle dealership proximity.
[Added 10-16-2008 STM by Art. 23]
No Class 1 motor vehicle dealership shall be permitted within 2.5 miles of an existing Class 1 motor vehicle dealership. This distance shall be measured in a straight line from the closest points of the properties.