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Section 200. Building Code Definitions.Article II Definitions and Classifications of the Massachusetts State Building Code 780 CMR relative to the construction and alteration, repair, maintenance and use of buildings in the City of Springfield, Massachusetts, and as later amended, is hereby adopted and made a part of this Zoning Ordinance.

Section 201. Definition of Other Terms.Unless otherwise expressly stated the following words and phrases shall be construed throughout this Ordinance to have the meaning herein indicated.The singular shall include the plural, and the plural shall include the singular.The word "used", shall include the words "arranged", "designed", or "intended to be used".The word "building" shall include the word "structure".The present tense shall include the future tense.

1. Accessory Building.A building subordinate to, incidental to, and located on the same lot with the main building.

2. Accessory Use.A use subordinate and related to the main use of land or of a building on a lot and incidental thereto.

3. Adult Day Care - Residential.Those services, including nursing services, occupational therapy, physical therapy, social, recreational and educational events which are regulated by the Massachusetts Department of Public Health in accordance with 211 CMR 65.00.

4. Adult Retailers.An establishment having as a substantial or significant portion of its stock in trade, books, magazines, videos, peep show booths, and other materials which are distinguished, or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined in the Massachusetts General Laws, Chapter 272, sec. 31.For the purposes of this ordinance the term "substantial or significant portion" means an amount of stock in trade, books, magazines, videos, peep show booths, and other materials which is greater than 10% of the entire stock.

5. Adult Theater.An enclosed building used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in the Massachusetts General Laws, Chapter 272, sec. 31, where such material constitutes a substantial portion of this ordinance the term "substantial or significant portion" means movies, videos, and other materials which are greater than 10% of all of the material presented.

6. Bed & Breakfast Home.A private, owner-occupied house which rents no more than three (3) guest rooms as an overnight or temporary accommodation and includes breakfast in the room rate.

Figure 1

7. Buffer Planting Strip.A strip of land within a parcel that is established to protect an abutting land use from the land use on the subject parcel. A buffer planting strip consists of a pervious landscaped surface, not less in width than is designated in the district, and which is landscaped for the full length and gives maximum protection to an abutting property or district. The required screen shall be permanently maintained. It shall consist of dense evergreens, not less than four (4) feet in height, and an appropriate wall or solid fence, not less than six (6) feet in height. Such a screen shall be three (3) feet back from the street line and conform to the provisions of Section 1506. (See Figure 1.)

8. Building.See Building Code for basic definition.

a. Detached.A building which has no party wall.

b. Attached or Row. A building which has two (2) or more party walls in common with adjoining buildings.

9. Building Area.The aggregate of the maximum horizontal cross-section areas, excluding cornices, eaves, and gutters, of all buildings on a lot.

10. Building Line.The line parallel to the front property line at a distance therefrom equal to the depth of the required front yard, and beyond which a building shall not extend. (See Figure 2.)

12. Day Care Center. Any facility operated on a regular basis whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, or pre-school, or known under any other name, which receives children not of common parentage under seven years of age, or under sixteen years of age if such children have special needs, for nonresidential custody and care during part or all of the day separate from their parents.

13. Drive In Restaurants.A place of business so laid out that patrons can be accommodated while remaining in their automobiles.

14. Drive Through Window.Any portion of a commercial establishment that, by design, is an automatic teller machine or allows for customers to interact with an employee of the establishment through a window or similar structural feature while remaining in their vehicle.See Section 1519.

15. Domestic Animal. Any animal that is kept for personal use or enjoyment within the home provided that such creatures are not kept to supplement food supplies or are used for any commercial purposes whatsoever other than offering for sale one litter, brood or offspring of a household pet domiciled on the premises.A domestic animal shall include but is not limited to dogs, cats, birds, and reptiles.A domestic animal does not include farm animals such as horses, ponies, cows, pigs, chickens, roosters, goats, or sheep.

16. Dwelling.

a. Single-family.A building, on a lot, designed and occupied exclusively as a residence for one (1) family.

b. Two-family.A building, on a lot, designed and occupied exclusively as a residence for two (2) families.

c. Multiple or Apartment.A building(s), on a lot, designed and occupied exclusively as a residence for three (3) or more families living independently of one another.

17. Family.An individual or two (2) or more persons related by genetics, adoption or marriage, living and cooking together as a single housekeeping unit or a group of three (3) or fewer persons who are or who are not related by genetics, adoption or marriage, living and cooking together as a single housekeeping unit.

18. Family Day Care. Any private residence which on a regular basis, receives for temporary custody and care during part or all of the day, children under seven years of age or children under sixteen years of age if such children have special needs; provided, however, in either case, that the total number of children under sixteen in a family day care home shall not exceed six, including participating children living in the residence.

19. Front Lot Line.The property boundary line abutting the street line.

20. Garage-Residential.A building used for the storage of one or more automobiles owned and used by the owner or tenant of the lot on which it is erected for a purpose accessory to the use of the lot.

21. Garage Parking.A building or structure for the storage or parking of more than three (3) passenger motor vehicles or motor powered boats or more than one (1) commercial motor vehicle.

22. Garden Apartment Project.A multi-family building or group of buildings constructed as a project area with an emphasis on sensitivity to the surrounding environment.

23. Height of Building.A building's vertical measurement from the mean level of the ground abutting the building up to the highest point of the roof; provided that chimneys, spires, towers, elevator penthouses, tanks, and similar projections of the building, and structures supporting utility or transmission facilities, shall not be included in calculating the height.

24. Hotel.A building, or portion of a building with access provided through a common entrance, lobby or hallway to one or more guest rooms, designed to be rented out as temporary or overnight accommodations for guests.This definition shall not include a Bed & Breakfast Home, Lodging House or Motel, as defined separately in this section.

25. Institution.Any hospital, sanitarium, rest home or convalescent or nursing home, infirmary maintained in the City; any private infirmary, rest home or charitable home for the aged, licensed by and under the supervision of the Massachusetts Department of Public Health; and hospital, sanitarium or establishment, public or private, licensed by and under the supervision of the Massachusetts Department of Mental Health under the provisions of Section 40 of Chapter 123; and any building used or occupied for the purpose of providing group care therein by any children's foster care agency licensed by the Department of Public Welfare under the provisions of Section 15 of Chapter 119.

26. Junk Yards.Any land used for the deposit, collection or storage of waste, used or discarded things or materials, whether or not in connection with the dismantling, processing, salvage, sale or other use or disposition thereof; and the deposit orstorage on any lot of "two (2) or more wrecked, inoperative or unregistered vehicles", or parts thereof, for one month or more shall be deemed to be a junk yard.Garaged vehicles shall be exempt from this provision.

27. Kennel.Any property wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee or selling domestic animals or a place where four (4) or more domestic animals are kept.

28. Landscaping. That portion of a lot that is free of structural improvements and/or impervious surface but improved with pervious and planted materials such as grass, trees, shrubs and other live plant materials.

29. Lodging or Boarding House.A building in which lodgings are let to four (4) or more persons who do not constitute a family and who occupy the premises as a principle place of residence as defined in Section 201.16 of this ordinance. In the case of a college or other institutional owner, the owner must provide a Residential Assistant as the primary occupant.

30. Lot.Shall mean an area of land in one ownership with definite boundaries as shown in the record title of the property or by a plan recorded in the Registry of Deeds.

31. Medical Office Building.A building used for professional offices for medical, surgical, dental, physical, rehabilitation, mental health, and other health care providers, related support services, pharmacies, and laboratories, and usual and customary accessory facilities thereto.Said medical office building shall in no case include provisions for overnight patient care.

32. Membrane-Covered Frame Structure.Primary or accessory structure consisting of a frame with a soft membrane covering.

33. Mobile Home.A structure transportable in one or more sections, which is eight body feet or more in width and is thirty two body feet or more in length, and which is built on a permanent chassis, and designed to be used as a dwelling with permanent foundation, when connected to the required facilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein.

34. Mobile Home Park.Any lot or tract of land upon which three (3) or more mobile homes occupied for dwelling purposes are located, including any building, structures, fixtures and equipment used in connection with mobile homes (G.L.C. 140, s. 32F).

35. Motel.A building, or portion of a building with access to one or more guest rooms provided by exterior or partially-enclosed walkways, designed to be rented out as temporary or overnight accommodations for guests.

36. Motor Vehicle Service 1 - Motor Vehicle Refueling Station/Convenience Store. A building used for the dispensing of petroleum products which may have accessory facilities such as a convenience store, air pressure/inflation machine and hand window cleaning.

37. Motor Vehicle Service 2 - Service Station.A building used for the servicing and maintenance of motor vehicles including such uses as engine tune-ups, tire changing, dispensing of gas, oil, and other similar products.

38. Motor Vehicle Service 3 - Repair Garage.A building used for the repair of motor vehicles including but not limited to transmission repair, engine overhaul, brake/muffler work and glass replacement.

39. Motor Vehicle Service 4 - Auto Body and Truck Service.A building used for the major repair of motor vehicles, and motor vehicle parts including but not limited to such uses as tire capping, re-treading, auto painting, and auto body work. Truck and heavy equipment servicing, both for maintenance, repair and major repair, shall be considered a Motor Vehicle Service 4 use.

40. Motor Vehicle Service 5 - Sales and Installation.A building used for the sale of motor vehicle parts, not including brakes, mufflers, and engine parts, and related installation of parts sold.Such activities would include installation of automotive accessories such as wipers, air filters, stereos, and would also include detailing/ reconditioning.

41. Non-Conforming Building or Use.A building or a use of land or of buildings existing at the effective date of this Ordinance, or any amendments thereto which does not conform with the requirements of this Ordinance, or any amendments thereto.

42. Off-Street Parking Space.An on-the-lot space (garage or outdoor) of appropriate location and dimensions for the parking of an automobile.

43. Off-Street Loading Space.An on-the-property space for the temporary parking of a commercial vehicle while loading or unloading merchandise or material, which abuts upon a street, alley, or other appropriate means of access.Such space shall be not less than ten (10) feet in width, fourteen (14) feet in height, and of such length that a truck or trailer occupying such a space shall be located entirely on the lot with the building it is to serve and shall not extend into the sidewalks or the street.

44. Principal Building.The main building on a lot, or any building other than an accessory building.Each building that contains a residence or residences, and each commercial, industrial, or institutional building which houses a separate commercial, industrial or other enterprise, or a group of permitted commercial or industrial uses, shall be construed to be a principal building for the purpose of the Ordinance.

45. Project Area.A development of land consisting of two (2) or more principal residential buildings that is under unified control and is planned and developed as a whole.The development may include driveways, utilities, buildings, open spaces and other site improvements.

46. Rear Lot Line.The lot line opposite to the front property line or in the case of a corner lot, the rear lot may be elected by the owner, provided that it be indicated on the plans as filed with the Code Enforcement Commissioner.In the case of a corner lot, the rear lot line must be an interior lot line.

47. Recreational Vehicle.A portable structure designed as a temporary residential living unit for travel, recreation or vacation use.These vehicles include, but are not limited to a travel trailer, motor home, 5th wheel trailer, tent trailer, or pick-up camper.

48. Recycling Center. Any building used for the collection and/or processing of used materials whereby the resultant product is to be re-used in the same or different form or manner. This shall not include the storage or salvage of motor vehicles or white goods.

49. Residential RehabilitationCenter.A residence or group home for not more than twenty (20) persons, the purpose of which shall be for the continued rehabilitation of individuals with social and emotional problems who would further benefit by such a half-way house facility.These residences must be operated by persons appointed by an appropriate competent authority and licensed by a State of Massachusetts agency.If such a residence is used solely for the raising of foster children, not more than five (5) such children will be allowed per home.

50. Single and Separate Ownership.The ownership of a lot by one or more persons, partnerships, or corporations, which ownership is, separate and distinct from that of any adjoining lot.

51. Special Permit Granting Authority.The City Council, Planning Board, or Board of Appeals designated for the issuance of special permits.

52. Street.A street, road, or way which has been dedicated as a public way or has been devoted to public use.

53. Street Line or Street Right-of-Way Line.The dividing line between a property line of a lot and the outside boundary of a street, or between a lot and a private street, road, or way over which the owners or tenants of two (2) or more lots held in single and separate ownership have the right-of-way. (See Figure 3.)

55. Telephone Central Office.A building and its equipment erected and used for the purposes of facilitating transmission and exchange of telephone or radio-telephone messages between subscribers, and other business of the telephone company; but in residence districts not to include public business facilities, storage of materials, trucking or repair facilities, or housing of repair crews.

56. Truck Stop.A fuel dispensing and repair service facility designed to accommodate primarily the trucking industry.Accessory uses common to a truck stop may include such things as a restaurant, shower facilities, lodging facilities, and short-term parking areas.

57. Wireless Telecommunications Facility.A commercial or public utility-operated use designed to facilitate wireless communications and similar uses through a tower, antenna, satellite dish, monopole and/or similar facility.

58. Yard.All yards shall be exclusive of overhanging eaves, gutters, cornices (of less than three (3) feet in length on main building and twelve (12) inches on accessory buildings) and steps.Parking spaces and drives shall be permitted in yards except where specifically prohibited or regulated.

a. Front Yard.The minimum required open, unoccupied spaces, within and extending the full width of a lot, between the front property line and the parts of a building nearest to such front property line.In the case of a corner lot, the front yard shall be determined by that side of the building which contains the main door. (See Figure 4.)

b. Side Yard.The minimum required open, unoccupied space within the lot between a side lot line and the parts of the building nearest to such side lot line.Such a side yard must extend through for the required width from the front property line or the front yard to the rear yard or its equivalent or to another street. (See Figure 4.)

59. Zone Map.A part of this Ordinance which may be amended, altered, or changed only in accordance with the provisions set forth in Article XX, Section 2004.The Zone Map due to its size is incapable of being included within this volume but may be obtained on request from the Planning Department.