1 ZONING BYLAW. TOWN OF Hampden . MASSACHUSETTS. 11/30/ 2004 -2- TABLE OF CONTENTS. Approved 2001, unless otherwise noted SECTION 1. PURPOSES. SECTION 2. DEFINITIONS. SECTION 3. DISTRICTS. SECTION 4. CONTINUANCE OF EXISTING USES. SECTION 5. NEW CONSTRUCTION AND NEW USES. SECTION 6. USE REGULATIONS. SECTION 7. DEVELOPMENT OF SITES & LOCATION OF BUILDING STRUCTURES. SECTION 8. ADMINISTRATION. SECTION 9. BOARD OF APPEALS. SECTION 10. SPECIAL PERMITS. SECTION 11. AMENDMENTS. SECTION 12. VALIDITY. 11/30/ 2004 -3- 11/30/ 2004 -4- SECTION 1. PURPOSES. The purpose of this ZONING bylaw is: to conserve health and secure safety from fire, flood, and other dangers;. to prevent overcrowding of land and avoid undue concentration of population.
2 To conserve natural resources and prevent pollution of the environment;. to encourage the most appropriate use of land throughout the town and to provide regulations to fulfill said objectives in accordance with the provisions of Chapter 40A, as revised by Chapter 808 Acts of 1975, of the General Laws of the Commonwealth of Massachusetts. 11/30/ 2004 -5- SECTION 2. DEFINITIONS. For purposes of this bylaw certain terms and words are herein defined as follows: Words used in the present tense include the future; words in the singular number include the plural number, and words in the plural number include the singular number; the word shall is mandatory and not directory;. the word building includes the word structure , the word lot includes the word plot , and the word land.
3 Includes marsh and water . Accessory Building A detached building which is subordinate to the main building, the use of which is customarily incidental to that of the main building. When an accessory building and a main building share a common wall, or are attached by a covered or roofed structure, the accessory building shall be considered to be part of the main building. Accessory Use A subordinate use of a building or premises for a purpose customarily incidental to the main or principal permitted use. Adult use An establishment whose primary purpose is providing entertainment, publications, or other material of a sexual nature. Alteration A change in or addition to a structure. Amusement Business An establishment engaged in providing amusement or entertainment for a fee or admission charge and including such activities as dance halls, studios, theatrical productions, musical entertainment, bowling alleys, billiard and pool establishments, and games.
4 Assessed Valuation The valuation placed upon the land or building in question as carried on the books of the Town for purposes of real estate taxation. Assisted Living Facility A special combination of housing, supportive services, personalized assistance and healthcare designed to respond to the individual needs of those who need help with activities of daily living. Attic The space between the ceiling of the top story of a building and its roof and not used for living, sleeping or eating quarters. Aquifer Geologic formation composed of rock or sand and gravel that contains significant amounts of potentially recoverable potable water. Automobile Service Station A facility intended for the retail dispensing or sale of vehicular fuels; including and as an accessory use the sale and installation of lubricants, tires, batteries and similar accessories.
5 11/30/ 2004 -6- Automotive Repair, Services, and Garages A facility that furnishes automotive repair, rental, leasing and parking services to the general public. Base Flood Elevation The highest elevation, expressed in feet above sea level, of the level of floodwaters occurring in the regulatory base flood. Bed and Breakfast Inn A house, or portion thereof, where short-term lodging rooms and meals are provided. The operator of the inn shall live on the premises or in adjacent premises. Boarding or Rooming House A building or premises, other than a hotel, inn, motel, tourist court or lodging house, where rooms are let and where meals may be regularly served by pre-arrangement for compensation; not open to transient guests; in contradistinction to hotels, restaurants and tourist homes, which are open to transients.
6 Buffer Strip A portion of land set aside to separate the remainder of other districts from residential districts. Buffer strips shall be landscaped or left natural as required by the Planning Board and may not be used for parking areas, circulation of traffic, or for accessory buildings. Building A structure having a roof or cover supported by columns or walls for the shelter, support or enclosure of persons, animals or property. The word building shall be construed, where the context allows, as though followed by the words or part or parts thereof . A porch shall be considered part of the building in determining setback requirements. Building, Accessory A detached building which is subordinate to the main building, the use of which is customarily incidental to that of the main building.
7 When an accessory building and a main building share a common wall, or are attached by a covered or roofed structure, the accessory building shall be considered part of the main building. Building Commissioner Building Commissioner shall mean the Inspector of Buildings or other designated authority, or his duly authorized representative, charged with the enforcement of this bylaw. Building Coverage That percentage which the aggregate area of all buildings on the lot bears to the total area of the lot. Building Height The vertical distance between the highest point of the roof and the average grade of land on which the building is located. Building Line: The line established by law beyond which a building shall not extend.
8 Building Lot A building lot is that area of land described in an application for a building permit or an application to the Board of Appeals for a special permit, exception or variance, or otherwise defined as the area on which the structure is to be constructed or a certain use is to be carried on. A building lot shall not include any part of a street which is relied upon to qualify the lot as to frontage. Building Permit 11/30/ 2004 -7- Written permission issued by the proper building authority for the construction, repair, alteration, or addition to a structure. Building, Principal A building in which is conducted the principal use of the lot on which it is located. Campground A plot of ground upon which two or more campsites are located, established or maintained for occupancy by the camping units of the general public as temporary living quarters for recreation, education, or vacation purposes.
9 Camping Unit Any tent, trailer, cabin, lean-to, or similar structure established or maintained and operated in a campground as temporary living quarters for recreation, education, or vacation purposes. Campsite Any plot of ground within a campground intended for the exclusive occupancy by a camping unit or units under the control of a camper. Cemetery Property used for the interring of the dead. Child Care Center A licensed facility with classrooms employing teachers with Early Childhood Education accreditation enrolling children where tuition, fees or other forms of compensation are charged for the care, protection and supervision on a regular schedule of children from 2 months to school age.
10 Child Care Home A private single-family home licensed for the care, protection and supervision for a fee of 6 or fewer children, including children of the adult provider, who must be a resident of the home. Church or Religious Structure A building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses, associated therewith. Classroom A structure, or portion thereof, whose primary purpose is for education and/or training. Clear Cutting The cutting of all trees on a site. Club A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and bylaws.