ARTICLE XV - GENERAL REGULATIONS

Section 1500.Non-Conforming Buildings, Structures or Uses A permitted use located in a building which violates the side, rear or front yard requirements, or the minimum lot size requirements, shall be permitted to expand, or be reconstructed, or in all other ways be treated as a conforming use as long as such changes do not further violate the side, rear, front yard, or parking requirements.Existing open porches eight (8) feet or more from the street line may be enclosed on one or more sides.

1. Continuation.Any lawful use of a building or structure, or land existing at the effective date of this ordinance, and located in a zoning district in which it not be permitted as a new use under the provisions of this ordinance may be continued.

2. Change in Use.No non-conforming use of building, structure, or land shall be changed to another use which is substantially different from the former non-conforming use, EXCEPT one which is permitted by this ordinance in the district in which such use is located.Whenever a non-conforming use of land, structure, or building has been changed to a conforming use, it shall not thereafter be changed to a non-conforming use.

3. Alteration and Extension.Pre-existing non-conforming structures or uses may be extended or altered provided that no extension or alteration shall be permitted unless there is a finding by the permit granting authority or by the special permit granting authority designated by this ordinance or bylaw that such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming use to the neighborhood.Such finding shall be made by the special permit granting authority provided, however, that when the requested change is solely for the reconstruction, extension, or structural change of a pre-existing non-conforming structure with no change of the non-conforming use, such finding may be made by the permit granting authority. Such finding shall be in the form of a special permit and such special permit shall conform to any subsequent amendments of this ordinance or bylaw unless the use or construction is commenced within a period of not more than six (6) months after the issuance of the permit and in the case of construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

4. Abandonment.Any non-conforming use of land, buildings or structures voluntarily abandoned for a period of two (2) years or more shall not thereafter be re-established.

4A. Non-Use: Any non-conforming residential structure, consisting of four (4) or more dwelling units, not used for a period of two (2) years or more, shall not be re-established without a special permit from the permit granting authority. The permit granting authority shall make its finding based on substantial compliance with the requirements for Residence C Districts (Article VII), including, but not limited to, offstreet parking (Article XVII).

4B. Non-Use or Lack of Use: Any non-conforming commercial building, structures or use, including but not limited to, auto repair, autobody, brake and muffler shops, junk yard, storage yard, contractors shop or yard, trucking and auto sales not used or vacant for a period of two (2) years or more, shall not be re-established without a special permit from the permit granting authority. The permit granting authority shall make finding based on standards found in Article XX, Section 2005. (Special Permits).

5. Restoration of Damaged Buildings.A non-conforming use or building which has been partially damaged by fire, explosion, flood, riot, or other phenomenon, or legally condemned, may be restored and continued PROVIDED, however, the estimated cost of such restoration does not exceed one-half (1/2) of the fair value of the building, based on replacement cost immediately prior to such damage.

6. Agricultural Exemption.Buildings, structures, or land use primarily for agriculture, horticulture, or floricultural are exempt from paragraphs 3 and 4 of this section as outlined in the Zoning Enabling Act, Chapter 40A, Section 3, of the General Laws.

Section 1501.Non-Conforming Lots.Any lot at the effective date of this ordinance, that does not meet the area and/or frontage requirements of this ordinance, but complies with any minimum area, frontage, width and depth requirements in force at the time the lot was lawfully laid out by plan or deed, duly recorded, or any lot shown on a plan endorsed with the words "Approval under the Subdivision Control Law not required", or words of similar import, MAY BE BUILT UPON for residential use, PROVIDED that such lot is in a district zoned residential under the provisions of this ordinance and meets the following additional conditions:

1. A Lot in Single and Separate Ownership.In the case of a lot held in single and separate ownership at the time of enactment of this ordinance and subsequent amendments thereto, a lot with an area of four thousand (4,000) square feet or more and a frontage of forty (40) feet or more, may be built upon, but may not be used for a two-family or a multi-family residence.

2. Single Lot in Common Ownership With One Adjacent Occupied Lot.In the case of a single lot held in ownership common with one (1) adjacent occupied lot at the time of enactment of this ordinance or subsequent amendments thereto, a lot with an area of five thousand (5,000) square feet or more with a frontage of fifty (50) feet or more, may be built upon.

3. Common Ownership of Four or Less Lots.In the case of four (4)or less such lots held in common ownership with those of adjacent land at the time of enactment of this ordinance or subsequent amendments thereto, such lots with an area of five thousand (5,000) square feet or more with a frontage of fifty (50) feet or more may be built upon regardless of the date of recording or endorsement.

4. Common Ownership of More Than Four Lots.In the case of more than four (4) such lots held in common ownership with that of adjacent land at the time of the enactment of this ordinance or subsequent amendments thereto, such lots can be built upon only if the recording or endorsement occurred within five (5) years prior to the effective date of this ordinance or subsequent amendments thereto, and the lots have an area of five thousand (5,000) square feet or more and a frontage of fifty (50) feet or more.In the case of more than four (4)non-conforming lots in common ownership laid out more than five (5) years ago, the lot lines must be revised to conform with the minimum lot size and frontage enacted as part of this ordinance or subsequent amendments thereto.

5. Side Yard Exemptions.In the case of any non-conforming lot upon which a one-family dwelling or two-family dwelling can be constructed in conformance with the above provisions, a side yard of not less than five (5) feet shall be permitted in Residence A-1, A, B, and C Districts, thereby exempting the structure from the side yard requirements of this ordinance. For the purpose of this ordinance, any non-conforming lots, which are increased in size by eliminating abutting lot lines, shall not be considered a new lot and, therefore, will not have to meet the required minimum lot size, as long as the total area of the combined lots is four thousand (4,000) square feet or more.

Section 1502.Public Street or Road Frontage and Access.In Office A, Commercial A, Business A, Business B, Business C and Industrial A, the following provisions shall apply:

1. Access to Off-Street Parking.No area used for off-street parking or vehicle storage shall directly abut a street unless separated from the street or highway by a raised curb, planting strip, wall, or other effective barrier, and no such area shall have more than two (2) access ways to any one (1) public street for each five hundred (500) feet of frontage.No such access way shall be more than thirty-five (35) feet in width.

2. Parking, Loading and Service Areas.All parking, loading, unloading or use of service areas shall take place entirely within the lot line of such parking or service area.

3. Lighting.All lighting, including sign lighting, along streets shall be directed in such a way so as not to create a nuisance in a residential district, and in every district all such lighting shall be arranged so as not to create direct glare or hazardous interference with vehicular traffic.

Section 1503.Conversion of Dwelling to Two-Family or Multiple-Family Use.The Board of Appeals may authorize, as a special exception, the conversion of a dwelling to a two-family dwelling or multi-family dwelling, subject to the following conditions:

1. Each dwelling unit shall be provided with a separate access not passing through the living area of any other dwelling unit.

2. No structural alteration or extension of the building exterior shall be made except as may be necessary for reasons of safety.

3. The Board of Appeals may prescribe such further conditions with respect to the conversion and use of buildings or property as it seems appropriate.

4. The converted building must comply with the Building Code.

Section 1504.Unsafe Buildings.Nothing in this ordinance shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the Building Commissioner.

Section 1505.Reduction of Lot.No lot or plot shall be so reduced that the area of the lot or plot, or the dimensions of the open spaces, shall be smaller than herein prescribed.

Section 1506.Vision Obstruction.On the corner lot in any Residence District no planting shall be placed or maintained, and no fence, building, wall or other structure other than necessary retaining walls, shall be constructed after the effective date of these regulations, if such planting or structure thereby obstructs vision at any point between a height of two and one-half (2 ½) feet and a height of ten (10) feet above the upper face of the nearest curb and within the triangular area bounded on two sides by the two street lines, or by projection of such lines to their point of intersection, and on the third side by a straight line connecting points on such street lines (or their projections) each of which points is twenty-five (25) feet distant from the point of intersection of the two street lines.The same vision obstruction restrictions apply for that portion of the corner lot’s rear line from the street line for a distance equal to the abuttor’s setback but in no case need this distance exceed twenty-five (25) feet.Poles, posts, and guys for street lights and for other utility services, and tree trunks exclusive of leaves and branches, shall not be considered obstructions to vision within the meaning of this provision. In any residential district, a fence higher than eight (8) feet shall require a special permit by the Board of Appeals, subject to the general provisions prescribed in Section 2005.The same requirement shall apply to such a fence in excess of eight (8) feet, located in any district, if said fence is located within ten (10) feet of the property line of a residential use. In the case of a front yard, no opaque fence shall be higher than three (3) feet.A fence more than twenty-five (25) percent solid shall be considered opaque.

Section 1507.Location of Automobile Services.

1. Proximity of Automobile Services to Residential Districts.No public garage, automobile repair shop, greasing station, storage battery service station, nor gasoline filling station, nor any oftheir appurtenances or accessory uses shall hereafter be erected or placed within twenty-five (25) feet of any residence district, UNLESS the space so used is entirely enclosed,on the sides facing the street and residence zone, within masonry or concrete walls and a roof without openings of any kind, EXCEPT windows or sky-lights having metal frames and fixed metal sash glazed with wire glass.No driveway or door to such premises shall be in any part within twenty-five (25) feet of any residence district.

2. Proximity of Automobile Services to Institutional Uses.No such public garage, automobile repair shop, greasing station, storage battery service station, nor gasoline filling station, nor any of their appurtenances or accessory uses, shall have at the street line any entrance or exit for motor vehicles within a radius of one hundred (100) feet of any entrance or exit at the street line of any public or private school, public library, church, playground or institution for the sick, dependent, or for children under sixteen years of age, if such entrances or exits are on the same street or on an intersection street.

Section 1508.Junk Yards.

1. Enclosure.All junk yard materials and activities not within fully enclosed buildings shall be completely surrounded with a six (6) foot opaque fence, sheet metal or wooden, with a suitable gate which shall be closed and locked EXCEPT during the working hours of such junk yards.Any loading, unloading, dismantling, cutting or other processing of junk materials must be carried on within this enclosure.

2. Storage of Junk Material.All junk material shall be stored in such manner as to prevent it from being transported out of the junk yard by wind, water or other natural forces, and all junk material shall be stored so as to prevent the breeding or harboring of rats, insects, or other vermin.

Section 1509.Dumping and Inoperative Motor Vehicles.

1. Dumping of Garbage, Rubbish or Other Refuse.No person shall dump garbage, rubbish, or other refuse in any place, or maintain as a dumping ground for garbage, rubbish, or other refuse any place, UNLESS such place has been approved by the City Council and UNLESS such place has been approved by the Commissioner of Public Health in accordance with the provisions of Section 150A of Chapter 111 of the General Laws.This shall not apply to those persons who wish to scientifically maintain compost for their own use.

2. Inoperative Motor Vehicles in Residence Areas.In any residential district, the deposit or storage on any lot of two (2) or more wrecked or inoperative vehicles or parts thereof for one (1) month or more shall be prohibited.Garaged vehicles shall be exempt from this provision.

Section 1510.Removal of Certain Material, Restricted.

1. Removal Restricted.Unless otherwise provided in this section, there shall be no excavation or removal from any premises in any district of earth, sand, gravel, clay, quarry stone, peat or mineral ore, EXCEPT as surplus material resulting from a bona fide construction, landscape, or agricultural operation being executed on the premises.

2. Removal of Top Soil or Loam.No excavation or removal of top soil or loam shall be made in any district until a permit has been obtained from the Building Commissioner.There shall be not less than four (4) inches of top soil or loam left which shall be seeded with a suitable cover crop or put to cultivation, EXCEPT that this provision shall not apply to any area covered by a building or construction operation.At the completion of a construction operation, the area covered shall be topped as required by this section.

3. Conditions of Permit.The Building Commissioner may approve the excavation or removal of earth, sand, gravel, clay, quarry stone, peat or mineral ore under the following conditions: proposed grade at two (2) foot intervals.The plan shall be approved by the Building Commissioner before a permit for excavation or removal is issued.

b. The plan shall provide for proper drainage of the area covered by the permit both during and after completion of the excavation or removal.No removal shall take place below the established level of the nearest existing approved right-of-way, within twenty (20) feet of a property line, or fifty (50) feet from a residence district, or thirty (30) feet from a street line.If the grade of the land where removal is to take place is higher than the abutting property, the material lying above the grade of the abutting property may be removed up to the property lines.

c. The method of excavation or removal shall not affect existing structures, existing or proposed streets, existing sewer and drainage facilities, and existing water courses.

d. The emission of process dust, either from the area of operation or from the excavated materials themselves, shall be minimized by frequent watering or by such other means as the Building Commissioner shall direct.

e. All work done in accordance with this section shall be carried out with full regard to promoting the health, safety, convenience and welfare of all persons and property.

f. The applicant shall comply with all applicable provisions of Federal, State, and Municipal safety laws, health regulations and building codes to prevent accidents or injury to persons on, about, or adjacent to the area where the excavation or removal is being performed.The applicant shall erect and properly maintain at all times, as required by the condition of the premises, or at the direction of the Building Commissioner, all necessary safeguards for the protection of the public and shall post danger signs warning against the hazards created in the carrying out of the activity.

g. At the conclusion of the operation, or any substantial portion thereof, the whole area where removal takes place shall be covered with not less than four (4) inches of top soil and seeded with a suitable cover crop, EXCEPT where ledge is exposed.The final grade shall not exceed the angle of repose of the material - or a slope designated by the Building Commissioner.

h. No material may be removed in such a way as to leave a permanent hold or depressions within the areas of excavation or removal below the average grade of adjoining land, street line, or approved right-of-way UNLESS there be adequate fencing approved by the Building Commissioner.

i. Before the issuance of any permit under this section, the applicant shall file with the City Treasurer a bond running to the City with sureties satisfactory to the Building Commissioner in such penal sum as the Building Commissioner shall determine, and be twice the estimated cost of conforming with the provisions of this ordinance.

j. Inspection of the site shall be made every sixty (60) days by the Building Commissioner.The Department of Streets and Engineering shall, at the request of the Building Commissioner, make any surveys necessary to assure compliance with this section.

k. Each application for a permit by the Building Commissioner, shall pay a fee of $50.00.

l. A permit shall bear the date of the day on which it is issued, and unless sooner revoked by the Building Commissioner, shall continue in force for two (2) years from such date.

m. No excavation or removal of earth, sand, gravel, clay, quarry stone, peat, or mineral ore for which a permit has been granted under this section shall be stopped for a period of more than one (1) year, UNLESS the area excavated has been topped as required by paragraph g of this section, or the applicant shall forfeit his bond and the permit revoked.The Building Commissioner shall then proceed to top the area as required by paragraph g.

Section 1511.Prohibited Uses and Performance Standards.No use which is noxious or offensive by reason of odor, dust, smoke, gas, vibration, illumination or noise, or which constitutes a public hazard whether by fire, explosion, or otherwise, shall be permitted in any district.In determining whether a use is noxious, hazardous, or offensive, the following standard shall apply:

1. Air Pollution.Air pollutants shall not exceed the limits prescribed by the Massachusetts Department of Public Health in the regulations adopted by that body on July 11, 1967, entitled "Regulations for the Control of Atmospheric Pollution in the Lower Pioneer Valley Air Pollution Control District," or any amendment thereto, or any other applicable regulations.

2. Water Pollution.The use of and discharge of substances into lakes, streams or similar water bodies shall not violate the rules, regulations, or water quality standards adopted by the Massachusetts Department of Public Health under the provisions of Section 5 of Chapter 111 of the General Laws, or the Massachusetts Resources Commission, Division of Water Pollution Control, under the provisions of Section 27(4) of Chapter 21 of the General Laws.

3. Noise.All noise shall be muffled so as not to be objectionable due to intermittence, beat frequency or shrillness, and as measured at any property line of the lot shall not exceed the following intensity in relation to sound frequency:

b. Such sound levels shall be measured with a sound level meter and octave band analyzer approved by the City of Springfield.

c. Noise making devices, which are maintained and utilized strictly to serve as warning devices, are excluded from these regulations.

d. These provisions do not apply to noise created by motor vehicles, trains or aircraft being operated in a manner normally incidental to the principal use on any lot.

4. Vibration.No vibration, other than that caused by motor vehicles, trains or aircraft being operated in a manner normally incidental to the principal use on any lot, shall be permitted which is discernible without instruments at any property line of the lot of the use concerned.

5. Nuisance Odors.There shall be no emission of toxic or noxious matter or objectionable odors of any kind in such quantity as to be readily detectable at any property line of the lot on which the use emitting the toxic or noxious material or odor is located.For the purpose of this section, toxic or noxious matter is any solid, liquid, or gaseous matter including, but not limited to gases, vapors, dusts, fumes, and mists, containing properties which by chemical or other means are:

a. Inherently harmful and likely to destroy life or impair health, or

b. Capable of causing injury to the well-being of persons or damage to property.

6. Heat and Glare.

a. Except for approved exterior lighting, operations producing heat or glare shall be conducted entirely within an enclosed building.Glare shall be shielded in such a way that it will not be visible from other lots or public ways.

b. Exterior lighting, including but not necessarily limited to lighting of exterior walls of buildings from an external light source, lighting of parking areas, and lighting of walks and drives shall be done in such a manner as to direct light away from adjacent lots and public ways.

7. Insects and Rodents.All materials, including wastes, and all grounds and buildings shall be kept in a manner which will not attract or aid the propagation of insects or rodents creating a health hazard.

8. Wastes and Refuse.No waste material or refuse shall be dumped upon, or permitted to remain upon, any part of the lot outside of buildings constructed thereon.Waste material or refuse stored outside buildings shall be placed in completely enclosed containers.Junk Yards meeting the provisions of Article XIV and Section 1508 are exempt from this provision.

Section 1512.Distance from Stream or Lake.No building or structure shall be erected within thirty (30) feet from the mean high water mark of any lake, stream, river or similar body of water, shown either on the latest U.S. Geological Survey Maps or the Planning Board's official City Map, UNLESS a special permit therefore is granted by the City Council.

Section 1513.Filling of Wetlands.The removing, filling or dredging of any bank, flat, marsh, meadow, or swamp bordering on inland waters shall be done only in accordance with Chapter 131, Section 40 of the General Laws, known as the: "Wetlands Protection Act."

Section 1514.Swimming Pools.A swimming pool, as defined in Article II, shall comply with the following standards:

1. A pool shall not be nearer than eight (8) feet to any lot line or eight (8) feet to any dwelling.

2. All swimming pools shall be enclosed by a fence at least four (4) feet high, and of a type not readily climbed by children, and containing gates which cannot be readily opened by children; in the case of above ground pools, the requirement for a fence shall be waived if the owner has a removable ladder which is removed at all times when the swimming pool is not in use.

Section 1515.Drives Crossing a Residential District to a Non-Residential District.A drive cannot be utilized to reach a permitted use in one district if to reach this use the drive must cross a residential district in which the use is not permitted.

Section 1516.Condominiums.

1. A condominium created in accordance with and subject to the provisions of General Laws, Chapter 183A, as the same may be amended from time to time, is permitted under this ordinance, that the same shall comply with Use, Area, Height, Off-Street Parking and other regulations of this ordinance for the District in which said condominium is located UNLESS exempted therefrom in accordance with the provisions of Article XV, Section 1500 or Section 1501.

2. A copy of the Master Deed, as provided for in Chapter 183A, Section 8, of the Massachusetts General Laws, shall be submitted to the Building Commissioner of the City of Springfield, said Deed to contain a provision that when there is a change in the names of officers, directors, or trustees of the corporation, trust, or association formed to regulate and manage a condominium project, said change shall be submitted to the Building Commissioner of the City of Springfield within thirty (30) days of the change, and a further provision that the aforementioned requirements are for the benefit of the City of Springfield.

Section 1517.Stables.

1. Stables for the keeping or raising of horses as a business shall be allowed in Business B and Industrial A with a special permit from the City Council. Municipal stable or stables used only as a municipal service are permitted with a special permit from the City Council in any zone.

1. Drive-up Service Windows utilized by any business shall require a Special Permit from the City Council.

Section 1520.Membrane-Covered Structures 1. These structures are not permitted in any zone when the primary use of the structure is for residence, storage, workshop, garage or similar uses.A temporary use permit for up to 60 days may be issued by the Building Commissioner for special events such as, but not restricted to, fairs, bazaars, weddings, promotions, and/or emergencies in any zone in the City.

Section 1522. Bed and Breakfast Homes

1. Intent.The intent of this section is to regulate the siting of Bed and Breakfast Homes, to provide for the proper design and operation of such facilities and to protect the neighborhood from any adverse impacts from such facilities.

2. Health Standards.All facilities subject to this section are subject to applicable local and state health regulations.

a. Bed and Breakfast Homes serving continental breakfast only do not require a food establishment permit. Continental breakfast may include beverages; fresh, frozen, commercially processed fruits; baked goods; cereals; homemade or commercial jams, jellies, honey, maple syrup, cream, butter; commercially manufactured hard cheeses; cream cheese and yogurt.

b. Bed and Breakfast Homes serving full breakfast must obtain a residential kitchen permit from the Springfield Health Department.

3. Length of Stay:Guest rooms are offered for rent on a daily basis for a period not to exceed fourteen (14) days in duration. In no case shall a guest or patron use this location as a mailing address or other identifier.

4. Design Standards.

a. A Bed and Breakfast Home must have a minimum interior area of one thousand five hundred (1,500) square feet to rent one (1) guest room, two thousand (2,000) square feet to rent two (2) guest rooms, and two thousand five hundred (2,500) square feet to rent three (3) guest rooms. No basement space or unfinished attic space shall be used to calculate square footage. In no case shall any room but a bedroom be rented as a guest room.

b. The above standards must be met by the interior area of the house at the time of the enactment of this ordinance.

c. One (1) unlighted, one (1) square foot, double faced sign is permitted. If said sign is a ground sign, it shall not exceed a height of five (5) feet. There shall be no temporary banners, streamers or other signs.

5. Special Permit Review Criteria.The special permit granting authority, in reviewing a petition shall consider the following, in addition to Section 2005.7:

a. The adequacy of the petitioner’s interior and exterior site plan, and

b. The input of the public, the appropriate neighborhood council, civic association, abutters, city departments, relevant professional associations or non-profit tourism associations.

6. Special Permit Limitations.

The special permit may be granted only to the petitioner and may not be assumed by any other owner-operator(s).