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Longmeadow City Zoning Code

ARTICLE I

General Provisions

§ 315-1 Purpose.

[Amended 5-19-1988 STM by Art. 2, approved 7-15-1988]
For the purpose of promoting the health, safety, convenience and welfare of the inhabitants of the Town of Longmeadow, under authority of the provisions of Chapter 40A of the General Laws, the height, number of stories, size of buildings and structures, the size and width of lots, the percentage of lot that may be occupied, the size of courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land for trade, industry, residence and all other purposes, are hereby restricted and regulated as hereinafter provided.

§ 315-2 When effective.

This bylaw shall take effect when the provisions of Section 32 of Chapter 40 of the General Laws have been complied with.

§ 315-3 Severability.

The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.

§ 315-4 Definitions.

[Amended 5-7-2013 ATM by Art. 26, approved 7-26-2013; 5-13-2014 ATM by Art. 29, approved 6-30-2014; 5-16-2021 ATM by Art. 37; 10-25-2022 STM by Art. 25, approved 3-29-2023; 5-9-2023 ATM by Art. 32, approved 10-2-2023; 11-12-2024 STM by Art. 28, approved 6-18-2025; 5-13-2025 ATM by Art. 12, approved 9-18-2025]
For purposes of this bylaw, certain words and terms used herein shall be interpreted as follows:
ABUTTING PROPERTY
A lot abuts upon another when it and the other have a common property line.
ACCESSORY STRUCTURE
A structure which is subordinate and customarily incidental to the principal building and is located on the same lot. In residential zones, no such accessory structure shall exceed one story, nor shall it exceed 10 linear feet of height at the eave.
ALTERATIONS
An alteration is a partial replacement, addition, change or rearrangement in the structural parts of a building which results in an exterior change in the size, shape or height of the building. "Altered" is the act of completing an alteration.
AQUIFER
An aquifer is geologic formation composed of rock or sand and gravel that contains significant amounts of potentially recoverable groundwater.
AREA OF A LOT
The "area of a lot" is the total number of square feet contained within the lot lines. In determining lot areas, no part thereof within the limit of the street shall be included.
BUILDING
A "building" is a combination of materials forming a structure which is enclosed on one or more sides and which is provided with a roof.
CO-LOCATE
A term meaning that more than one wireless communications facility can be installed and operated on a single tower.
COMMERCIAL VEHICLE
A van or truck used in connection with a business or trade, or any vehicle which has commercial lettering thereon.
DWELLING
A "dwelling" is a building, with or without an attached private garage, occupied exclusively as a residence.
EXISTING BUILDING
An existing building is one which was already erected or one in the process of construction under a legal permit upon the effective date of this bylaw.
FAMILY
One or more individuals living together as a single housekeeping unit and occupying one dwelling. For purposes of controlling residential density, not more than four unrelated individuals shall constitute a family; any roomer living in the dwelling shall be included in determining the number of unrelated individuals.
FENCE
Any structure erected or planting allowed to grow in a manner so as to create a barrier against unobstructed passage from one side to the other.
FRONT LOT LINE
The "front lot line" for each lot shall be the street line opposite the rear lot line.
FRONTAGE OF A LOT
The "frontage of a lot" is the distance measured on the street lines. On a curved street, the frontage of the lot may be considered as the distance measured on the street setback lines, provided that the distance measured on the street lines shall be at least 75% of the minimum frontage required for the zone in which the lot is situated.
GARAGE REPAIR SHOP
A "garage repair shop" is a business building or part thereof in which repairs are made to motor vehicles.
GASOLINE FILLING STATION
A gasoline filling station is a business building or part thereof, including the premises used in connection with pumps, tanks, and other appliances, for supplying motor vehicles with gasoline, oil, water, compressed air and accessory supplies, but not for the purpose of making repairs.
GROUNDWATER
All the water found beneath the surface of the ground. More specifically, the slowly moving subsurface water present in the aquifer and recharge areas.
HALF STORY
A "half story" is that portion of a building under a sloping roof the cubic contents of which are never more than 70% of the cubic contents of the story below.
HAZARDOUS MATERIAL
Any material or combination of materials which, because of its quantity, concentration or physical, chemical or infectious characteristics, may cause or significantly contribute to a present or potential threat to human health, safety or welfare or to the environment when improperly stored, treated, transported, disposed of, used or otherwise managed. This definition includes all substances which are included in the definition of hazardous materials contained in MGL c. 21E.
HEREAFTER
This shall mean after the effective date of this bylaw.
HERETOFORE
This shall mean before the effective date of this bylaw.
HOUSING, AFFORDABLE
"Affordable housing units" are those which may be rented or purchased by those who meet the guidelines for maximum annual income for low-income or moderate-income family or household. The income limit for low-income shall be 80% of the median income for the Standard Metropolitan Statistical Area (SMSA) and the income limit for moderate-income shall be 120% of median income for the SMSA. Median income for the SMSA shall be as calculated by the United States Department of Housing and Urban Development, or any successor agency, and shall be adjusted to family size.
INFEASIBLE
Not technologically possible, or not economically practicable and achievable in light of best industry practices.
LAND DISTURBANCE AND LAND DISTURBING ACTIVITY
Any activity that causes a change in the position or location of soil, sand, rock, gravel, or similar earth material; results in an increased amount of runoff or pollutants; measurably changes the ability of a ground surface to absorb waters; involves clearing, grading, or excavating, including grubbing; or results in an alteration of drainage characteristics.
LATTICE STYLE
A style of tower characterized by a latticework-type of construction wherein the tower is much larger at its base (ground level) and grows smaller as it increases in height.
LOT, BUILDING
Any lot meeting the minimum lot area and lot frontage requirements of the zoning district in which it is located and which contains either 90% of its total lot area or 18,750 square feet in contiguous upland area.
LOW-IMPACT DEVELOPMENT (LID)
A development approach that seeks to mimic (or in the case of redevelopment, restore/recreate) a site's predevelopment hydrology through protection of on-site natural features and environmentally sensitive site design that limits impervious areas, preserves open space, and uses decentralized small scale facilities to capture and manage rainfall (or snowmelt) close to where it falls. These small-scale facilities serve to slow, absorb, and treat flow and include bioretention areas, grassed swales, porous pavements, cisterns, and green roofs and walls.
MAY
This is a term giving permission. "May not" is prohibitive.
MONOPOLE
A style of tower characterized by a single round pole having the general configuration of a flagpole. The monopole does not appear significantly larger at its base than at the point of maximum height.
NEW
When used herein, shall indicate that the item or matter in question came into being or attained its then-existing size, shape or location subsequent to the effective date of this bylaw or of any pertinent amendment thereof.
NONCONFORMING BUILDING
A "nonconforming building" is one which does not conform to the regulations of the zone in which the building is located.
NONCONFORMING USE
A "nonconforming use" of a building or of land is a use which does not conform to the regulations of the zone in which the building or land is located.
OCCUPIED
Includes "designed or intended to be occupied."
OFF-SITE MEDICAL MARIJUANA DISPENSARY (OMMD)
A registered marijuana dispensary that is located off-site from the cultivation/processing (and controlled and operated by the same registered and approved not-for-profit entity which operates an affiliated RMD) but which serves only to dispense the processed marijuana, related supplies and educational materials to registered qualifying patients or their personal caregivers in accordance with the provisions of 935 CMR 501.000.
ONE OWNERSHIP
This means an undivided ownership by one person or by several persons whether the tenure be joint, in common, or by the entirety.
PLANTING
Any vegetable matter placed or left in the ground for the purpose of growth, including trees.
PRIVATE GARAGE
A "private garage" is a building or part of a building in which one or more motor vehicles are kept for the private or professional use of the owners, their families and employees.
PRIVATE STABLE
A "private stable" is a building or a part thereof in which one or more horses are kept for the private use of the owner or his family, and in which no horses are kept for sale, rent, or hire, or for the carrying of merchandise for profit, for trucking or for other business.
PUBLIC GARAGE
A "public garage" is a business building or part thereof for the storage of motor vehicles, and for the sale, rent or hire, exhibition or demonstration of motor vehicles or the services and repair of such vehicles.
REAR LOT LINE
A "rear lot line" is the lot line opposite to the street line. In case of a corner or through lot, the owner may designate which line will be the rear lot line, provided his choice does not involve a violation of any of the provisions of this bylaw. In the case of a corner lot where the side lot lines are curved or angled or joined by a tertiary line or curve, the Building Commissioner shall designate the extent of the rear lot line.
REAR YARD
A "rear yard" is a required open, unoccupied space, the full width of the lot, between the rear wall of the building throughout its height and the rear lot line. Nothing herein shall prohibit the erection and maintenance of permitted accessory buildings within the rear yard.
RECHARGE AREA
"Recharge areas" are areas composed of permeable stratified sand and gravel or till and certain wetlands that collect precipitation or surface water and carry it to the aquifer.
RECORDED BY PLAN OR DEED
This shall mean recorded by plan or deed in the Hampden County Registry of Deeds.
REGISTERED BY PLAN OR DEED
This shall mean registered by plan or deed in the Massachusetts Land Court.
REGISTERED MARIJUANA DISPENSARY (RMD)
A use operated by a not-for-profit entity registered and approved by the MA Cannabis Control Commission in accordance with 935 CMR 501.000, and pursuant to all other applicable state laws and regulations, also to be known as a "medical marijuana treatment center," that acquires, cultivates, possesses, processes (including development of related products such as food, 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. An RMD shall explicitly include facilities which cultivate and process medical marijuana, and which may also dispense and deliver medical marijuana and related products. The cultivation and processing of medical marijuana in accordance with these regulations is considered to be a manufacturing use and is not agriculturally exempt from zoning.
SECONDARY SETBACK LINE
The line running parallel or concentric with the front lot line, and which is established by the location of the rearmost portion of the primary structure.
SIDE LOT LINE
Each lot line that is neither a front nor a rear lot line.
SIDE YARD
A "side yard" is a required open, unoccupied space within the lot between a side lot line and the parts of a building which are nearest to such side lot line. Such a side yard must extend through from the street setback line to the rear yard.
SPECIALIZED COMMERCIAL VEHICLES
A commercial vehicle which is over 12,000 GVWR or has a single axle dual wheel, a dual rear wheel axle, or a specialized service body such as flat beds, service bodies, or dump body vehicles.
SPECIAL PERMIT GRANTING AUTHORITY
The Zoning Board of Appeals and the Planning Board are designated as the special permit granting authorities.
STORY
That portion of a building contained between any floor and the floor or roof next above it, but not including a cellar, crawl space, or attic.
STREET
The word "street" shall include public ways established by or maintained under public authority, private ways open for public use, and private ways plotted or laid out for ultimate public use, whether or not constructed.
STREET LINE
A "street line" is the dividing line between a street a right-of-way and a lot.
STREET SETBACK LINE
The "street setback line" of a lot is a line running parallel or concentric to the street line and at a given distance therefrom, as hereinafter provided, and in front of which no building or part thereof except outside steps may be erected or maintained.
STRUCTURE
Anything constructed or erected, the use of which requires a fixed location on the ground, or attachment to something located on the ground, including buildings, mobile homes, billboards, tanks, solar panels, or the like, or the parts thereof, and swimming pools, but not including paved surfaces such as a driveway, a walk or a patio.
TOWER
A monopole or lattice-style structure on which antennas or other wireless communications devices are placed.
UPLAND ACREAGE
Lot area, not including watercourses, water bodies, banks or bordering vegetated wetland as defined by the Massachusetts Wetlands Protection Act Regulations.[1]
USED
Includes "designed or intended to be used."
WALL, PARAPET
A "parapet wall" is a wall or part of a wall which extends above the roof of a building.
WATERSHED
Lands lying adjacent to watercourses and surface water bodies which create the catchment or drainage areas of such watercourses and bodies.
WIRELESS COMMUNICATION FACILITY
Any tower (with antennas, if any) or antenna placed on existing building or structure, or any device, wiring or equipment designed to facilitate, or utilized in connection with, the provisions of the following types of services: cellular telephone service, personal communications service, and enhanced specialized mobile radio service as well as any structures, buildings and appurtenances utilized primarily for the installation and operation of equipment necessary for the provision of such services. This definition does not include an antenna used by a federally licensed amateur radio operator or television antennas which are accessory to a residential use.
ZONING ENFORCEMENT OFFICER
The Building Commissioner of the Town of Longmeadow.
[1]
Editor's Note: See MGL c. 131, § 40, and 310 CMR 10.00.