West Springfield City Zoning Code
ARTICLE V
Use Regulations
§ 300-5.0 Applicability of use regulations.
Except as otherwise permitted by the Zoning Act or by this ordinance, within any districts shown on the Zoning Map, no building or other structure shall be erected, altered or used and no land shall be used or occupied for any purpose except for the purposes permitted in the district as described in this section. Any use not listed shall be construed to be prohibited.
§ 300-5.1 Permitted uses.
The restrictions and controls intended to regulate development in each district are set forth as follows:
P | - | Use Permitted by Right |
SPR | - | Use Permitted with Site Plan Review from the Planning Board in accordance with Articles XIII and XIV |
SPA | - | Use Permitted by Special Permit from the Zoning Board of Appeals in accordance with Article XII |
SPB | - | Use Permitted by Special Permit from the Planning Board in accordance with Article XII |
— | - | Use Prohibited |
§ 300-5.2 Uses subject to other regulations.
Uses permitted by right or by special permit shall be subject, in addition to use regulations, to all other provisions of this ordinance.
§ 300-5.3 Table of Use Regulations. [1]
A.
Residential Districts. See Table 5-1 for a catalog of uses permitted in all Residential Districts.
B.
Business Districts. See Table 5-2 for a catalog of uses permitted in all Business Districts.
C.
Industrial Districts. See Table 5-3 for a catalog of uses permitted in all Industrial Districts.
D.
Special Zoning Districts.
(1)
See Table 5-4 for a catalog of uses permitted in the following Special Zoning Districts: Special Use (Technical), Special Use (Office), Special Use (Multifamily), Special Use (Mobile Home) and Recreational.
(2)
Combination of SU-T, SU-O, SU-M, and SU-H Special Use Districts.
(a)
In order that the Town may retain the flexibility to encourage a rational well-designated mix of principal uses on any one parcel, nothing herein shall preclude the West Springfield Town Meeting from rezoning such parcel to two or more of the Special Use Districts.
(b)
In the event a combination of Special Use Districts is proposed, the total area of such combination shall not be less than five acres. In addition, all other requirements of §§ 300-9.0, 300-9.2, 300-9.6, 300-9.7, and 300-9.8A(3)and, if appropriate, § 300-8.4 of this ordinance shall be met.
E.
Water Supply Protection District. See § 300-7.1, Water Supply Protection District, to determine what uses are permitted.
F.
Flood hazard. See § 300-7.3 to determine the development standards associated with uses within the overlay district.
G.
Planned Unit Development District. See § 300-7.7, Planned Unit Development District, to determine what uses are permitted.
[1]
Editor's Note: The Tables of Use Regulations referenced below are included as attachments to this chapter.
§ 300-5.4 Prohibited uses.
A.
The following uses are explicitly prohibited in all zoning districts:
(1)
Gambling establishments.
(2)
Abattoir.
(3)
Fat rendering.
(4)
Glue or size manufacture or process involving recovery from fish or animal offal.
(5)
Explosives or fireworks manufacture.
(6)
Petroleum refining.
(7)
Rubber, caoutchouc or gutta-percha manufacture from crude or scrap materials.
(8)
Sewage disposal plant.
(9)
Smelting and reduction of metals.
(10)
Sulfurous, sulfuric, nitric or hydrochloric acid manufacture.
(11)
Tar distillation.
(12)
Incineration, reduction or dumping of offal, garbage or refuse.
(13)
Disposal of "hazardous wastes" as defined by the Bureau of Solid Waste Disposal, Massachusetts Executive Office of Environmental Affairs, except as any specific restriction may be precluded under present or subsequent state law.
(14)
Motorized outdoor commercial recreational uses, excluding marinas, used for outdoor vehicle sports including, but not limited to, motocross, drag racing, demolition derby, etc.
(15)
Bail bond establishment.
(16)
Electronic Gaming establishment, cybercafe, gambling internet cafe establishment as defined in § 300-7.9B.
(17)
Payday or title loan agency.
(18)
Pawn shop, cash-for-gold store.
B.
The following uses are explicitly prohibited in all zoning districts except in Central Business (CBD) by special permit from the Planning Board:
(1)
Check cashing business.
§ 300-5.5 Other general use regulations.
A.
Principal building. One principal building only shall be permitted on a lot, with the exception of multifamily developments in Residence C, Business A-1, Business B-1 and Special Use (Multifamily) Zoning Districts and age-restricted housing developments by special permit in an Age-Restricted Housing Overlay Zoning District.
B.
Accessory uses. Accessory uses customarily incidental to any principal use permitted in any district shall be authorized herein.
C.
Accessory buildings as dwellings. No accessory buildings may be used as dwellings.
D.
Injurious uses. No premises shall be used, and no buildings or structures shall be constructed, enlarged, reconstructed or used for any purpose which by the emission or discharge of fumes, vapor, gas, dust, offensive odors, chemicals, poisonous fluids, or substances, refuse, organic matter, or excrement or by the causing of noise or vibrations, or by unduly increasing the risk from fire or explosion, or otherwise would be dangerous or injurious to the public health or safety, or for any purpose which would be for any reason injurious to the health, safety, or welfare of the inhabitants of the Town.
E.
Business A permitted uses. Business A permitted uses shall include any establishments of a character similar to and not more objectionable than those set forth in Table 5-2,[1] provided the principal use thereof shall be to store and display goods or products for sale at retail on the premises or to engage in a service enterprise, and provided that no goods or products may be manufactured or processed on the premises except for sale at retail thereon.
[1]
Editor's Note: Table 5-2 is included as an attachment to this chapter.
F.
Business B permitted uses. Business B permitted uses as set forth in Table 5-2[2] shall be limited to the requirement that the number of workers habitually engaged in any activity authorized therein shall not exceed 100.
[2]
Editor's Note: Table 5-2 is included as an attachment to this chapter.