Town of Hadley, MA Purpose and Definitions

For purposes of this bylaw and unless the context of usage clearly indicates another meaning, the following terms shall have the meanings indicated herein. Words used in the present tense include the future. The singular includes the plural and the plural includes the singular. The word "includes" or "including" shall not limit a term to specified examples, but is intended to extend its meaning to all other instances, circumstances, or items of like character or kind. The word "shall" is always mandatory and not merely directory.

Terms and words not defined herein but defined in the State Building Code shall have meanings given therein unless a contrary intention clearly appears in this bylaw. Words not defined in either place shall have the meaning given in the most recent edition of Webster's Unabridged Dictionary.

ACCESSORY STRUCTURE: A structure located on the same lot with the main building, detached or attached, and customarily incidental and subordinate to the use of the main building.
ACCESSORY USE: A use that is customarily incidental and subordinate to that of the main building or use of land and that is located on the same lot and under the same ownership in all respects.
ADULT USES. The following terms are associated with Adult Uses. Refer to Section XXIII.
ADULT ENTERTAINMENT USES SHALL INCLUDE THE FOLLOWING USES:
ADULT BOOKSTORE: An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, periodicals, pictures and other matter which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement.
ADULT CABARET: A nightclub, bar, restaurant, tavern, dance hall, or similar commercial establishment which features:
(1) Persons who appear in a state of nudity; or
(2) Live performances which are characterized by an emphasis on depicting anatomical areas specified as less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola, and human genitals in a state of sexual arousal, or relating to sexual conduct or sexual excitement; or
(3) Motion pictures, films, video cassettes, cable television, slides, DVDs or other photographic reproductions which are characterized by the depiction or description of anatomical areas, specified as above, or relating to sexual conduct or sexual excitement.
ADULT MOTION-PICTURE THEATER: An enclosed building or outdoor venue used for public uses, for presenting substantial or significant portion of material (motion pictures, films, cassettes, cable television, slides, DVDs or any other such visual or electronic media) distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement.
ADULT PARAPHERNALIA STORE: An establishment having as a substantial or significant portion of its stock in devices, objects, tools, toys, or electronic media which are distinguished or characterized by their association with sexual activity, including sexual intercourse, sexual conduct or sexual excitement.
ADULT VIDEO STORE: An establishment having a substantial or significant portion of its stock-in-trade (for sale or rent) motion pictures, films, video cassettes, DVDs and other film material or similar audio/visual and electronic media which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement.
ESTABLISHMENT WHICH DISPLAYS LIVE NUDITY FOR ITS PATRONS: An establishment which provides live entertainment for its patrons that includes persons in the state of nudity or live performances which are characterized by an emphasis on depicting anatomical areas, specified as less than completely and opaquely covered human genitals, pubic region, buttock and female breast below a point immediately above the top of the areola, and human genitals in a state of sexual arousal, or relating to sexual conduct or sexual excitement.
SUBSTANTIAL OR SIGNIFICANT PORTION OF STOCK: For purposes herein, "substantial or significant portion of stock" shall mean an amount of stock-in-trade or sales of books, magazines, videos, peep show booths or other visual or audio material which is greater than 10% of the entire stock or sales.
AQUIFER PROTECTION. The following terms are associated with Aquifer Protection. Refer to Section XII.
AQUIFER: Geologic formations composed of rock or sand and gravel that contain significant amounts of potentially recoverable potable water.
AQUIFER PROTECTION DISTRICT: This shall be the area referred to as the "Original Callahan Aquifer District," the "Expanded Callahan Aquifer District," and the "Original Mt. Warner Aquifer District" as defined by the Zone II delineations for the Mt. Warner wells (01,02) and the Callahan wells (03,04). The Aquifer Protection District is delineated as an overlay district on the Town of Hadley Zoning Map.
GROUNDWATER: All the water found beneath the surface of the ground.
HAZARDOUS WASTE: A waste which is hazardous to human health or the environment. Hazardous wastes have been designated by the U.S. Environmental Protection Agency under 40 CFR 250 and the regulations of the Massachusetts Hazardous Waste Management Act, MGL c. 21C.
IMPERVIOUS SURFACES: Materials or structures on or above the ground that do not allow precipitation to infiltrate the underlying soil.
LEACHABLE WASTES: Waste materials, including solid wastes, sludge and pesticide and fertilizer wastes, capable of releasing waterborne contaminants to the environment.
PRIMARY AQUIFER RECHARGE AREA: Areas which are underlain by surficial geologic deposits, including glaciofluvial or lacustrine stratified drift deposits or alluvium or swamp deposits, and in which the prevailing direction of groundwater flow is toward the area of influence of water supply wells.
AUTO-RELATED USES. The following terms relate to automobile services and sales.
AUTOMOBILE REPAIR SHOP: An establishment, garage or work areas enclosed within a building for the servicing and repair of motor vehicles, but not including (1) installing new parts or accessories that are not replacements for existing parts or accessories (e.g., customizing), or (2) towing or storing a motor vehicle, or (3) storage of vehicles for the cannibalization of vehicle parts, or (4) fuel sales, or (5) indoor or outdoor sale and rental of motor vehicles, box truck, cargo van, motorcycle, trailer, all-terrain vehicle, snowmobile, boat or personal water craft.
AUTOMOBILE SALES, NEW: A franchised retail automobile dealership that is primarily housed in a structure and characterized by a mixture of secondary supporting uses; however, the principal use of the site shall be the marketing and display of new automobiles, whether by sale, rental, lease or other commercial or financial means. Secondary supporting uses may include an inventory of vehicles for sale or lease either on-site or at a nearby location of new or used automobiles in operating condition, and on-site facilities for the repair and service of automobiles previously sold, rented, or leased by the dealership as defined under "automobile repair" and "automobile service." No abandoned vehicles shall be stored on the premises.
AUTOMOBILE SALES, USED: A retail business which sells operable, used automobiles that pass state vehicle inspection requirements upon display in the open for sale or trade. Secondary supporting uses may include the service of automobiles previously sold or traded as defined under "automobile service." No "automobile repair" or "scrap operation" activities may occur on-site and no abandoned vehicles shall be stored on the premises.
AUTOMOBILE SERVICE STATION: Any building, structure, or area of land used for the retail sale of automobile fuels, oils, and accessories, where repair service, if any, is incidental; excluding storage of abandoned motor vehicles on the premises. May include the sale of propane or kerosene as accessory uses.
BUILDING-RELATED TERMS. The following terms relate to buildings.
BUILDING: A combination of any materials, whether portable or fixed, having a roof, to form a structure for shelter of persons, animals or property. For this definition, "roof" shall include an awning or any similar covering whether or not permanent in nature. The word "building" shall be construed where the context requires as though followed by the words "or part or parts, thereof."
BUILDING AREA: The ground area enclosed by the walls of a building together with the area of all covered porches and other roofed portions.
BUILDING HEIGHT: The vertical distance measured from the established grade in business or industry districts, or from the natural grade in residence districts if higher than the established grade or if no grade has been established, to the level of the highest point of the roof beams in the case of flat roofs or roofs inclining not more than one inch to the foot, and to the highest ridge in the case of other roofs. Where the lot faces on two or more streets the "established grade" is the average level of the grade on that street frontage where the average grade is highest. Where the lot faces one street of varying grades, the average of the grades on the street frontage shall be the "established grade."
STORY: A "story" is that portion of a building between a floor and the ceiling next above it.
STORY, HALF: The space used for residence purposes above the highest full story provided the roof plate is not higher than four feet above the floor. An "attic" is the space between the top story and a pitched roof.
BED-AND-BREAKFAST-RELATED TERMS. Refer to Section XXII.
BED-AND-BREAKFAST ESTABLISHMENT: A private owner-occupied and owner-operated house where four to six bed-and-breakfast units are let and a breakfast is included in the rent and all accommodations are reserved in advance.
BED-AND-BREAKFAST FACILITY: A private owner-occupied and owner-operated house which is either a bed-and-breakfast establishment or a bed-and-breakfast home and which is not a hotel, a lodging house, or a motel as defined herein.
BED-AND-BREAKFAST HOME: A private owner-occupied and owner-operated house where three or fewer bed-and-breakfast units are let and a breakfast is included in the rent and all accommodations are reserved in advance.
BED-AND-BREAKFAST UNIT: A rental guest unit in a bed-and-breakfast home or bed-and-breakfast establishment consisting of one bedroom (and an adjoining bathroom, if available) providing sleeping facilities for up to two adults (and one related child under the age of 18).
HOTEL: A building intended and designed primarily for overnight occupancy, divided into separate units within the same building, with or without public dining facilities, with access to units primarily from interior lobbies, courts, or halls. (See also, "motel.")
LODGING HOUSE: A house where lodgings are let to four or more persons not within the second degree of kindred to the person conducting it, licensed or required to be licensed under MGL c. 140, § 23.
MOTEL: A building intended and designed primarily for overnight occupancy, divided into separate units within the same building, with or without public dining facilities, and characterized by direct access to every unit from an automobile, parking spaces or facility. (See also, "hotel.")
BUILDING INSPECTOR: The administrative chief of the Building Department, meeting the minimum qualifications in MGL c. 143, § 3, and certified in accordance with 780 CMR R7, with responsibility for administering and enforcing 780 CMR in the Town of Hadley.
BUILDING PERMIT: A building permit is a required approval of a project by the Town's Building Inspector that is consistent with the local, state and federal building codes. In addition, the permit must meet the criteria set forth in this bylaw.
CHILD-CARE FACILITY: As defined in MGL c. 15D, § 1A.
CLUB: An association of persons which is the owner, lessee or occupant of an establishment operated solely for a recreational, social, fraternal, religious, political, or athletic purpose, whose activities are confined to the members and guests and are not generally extended to the general public and includes the establishment so operated.
DEVELOPABLE FARMLAND: See § 17.2.
DWELLING- AND RESIDENCE-RELATED TERMS. The following terms relate to dwellings and types of dwellings. (See also, "Senior-Housing-Related Terms.")
DWELLING, DETACHED ONE-FAMILY: A dwelling other than a mobile home, singly and apart from any other building, designed or intended or used exclusively as the residence of one family.
DWELLING, MULTIFAMILY: A building designed or intended or used as the residence of three or more families, each occupying a separate dwelling unit and living independently of each other, and who may have a common right in halls and stairways; with the number of families in residence not exceeding the number of dwelling units provided.
DWELLING, TWO-FAMILY: A detached residential building designed or intended or used exclusively as the residence of two families. A two-family dwelling shall not include a detached single-family dwelling with an accessory apartment.
FARM: Any parcel of land which is used primarily for the raising of agricultural products, livestock, poultry and dairy products. It includes farm structures within the prescribed limits, and the storage of equipment used.
FLOOD OVERLAY-RELATED TERMS. The following terms relate to Flood Overlay Zoning Regulations. Refer to Section XIII. [Amended 5-22-2021 ATM by Art. 25]
AREA OF SPECIAL FLOOD HAZARD: The land in the floodplain within a community subject to 1% or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, A1-30, AE, A99, V1-30, VE, or V.
BASE FLOOD: The flood having a 1% chance of being equaled or exceeded in any given year.
COMMUNITY FLOODPLAIN ADMINISTRATOR: Is authorized and directed to administer and enforce the provisions of Hadley's Flood Overlay District and Floodplain Zoning Bylaw. The Community Floodplain Administrator shall have the authority to render interpretations of this bylaw consistent with the intent and purpose of this bylaw and may establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies, and procedures shall not have the effect of waiving requirements specifically provided in this bylaw without the granting of a variance pursuant to § 13.6.2 of this bylaw.
DEVELOPMENT: Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
DISTRICT: Flood Overlay District.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA): Administers the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.
FLOOD BOUNDARY AND FLOODWAY MAP: An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
FLOOD INSURANCE RATE MAP (FIRM): An official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY: An examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
FLOODWAY: The channel of a river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
FUNCTIONALLY DEPENDENT USE: A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]
HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]
HISTORIC STRUCTURE: Any structure that is:
	(a)	Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
	(b)	Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
	(c)	Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
	(d)	Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
		(1)	By an approved state program as determined by the Secretary of the Interior; or
		(2)	Directly by the Secretary of the Interior in states without approved programs. [US Code of Federal Regulations, Title 44, Part 59]
LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of NFIP Regulations 60.3.
NEW CONSTRUCTION: For floodplain management purposes, structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement.
RECREATIONAL VEHICLE: A vehicle which is:
	(a)	Built on a single chassis;
	(b)	Four hundred square feet or less when measured at the largest horizontal projection;
	(c)	Designed to be self-propelled or permanently towable by a light-duty truck (being a truck of not more than 8,500 pounds gross vehicle weight);
	(d)	Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use [US Code of Federal Regulations, Title 44, Part 59]; and
	(e)	Fully licensed, and ready for highway use (by being on its wheels or jacking system, by being attached to the site only by quick-disconnect-type utilities and security devices, and by not having any permanently attached additions).
REGULATORY FLOODWAY: See "floodway."
SPECIAL FLOOD HAZARD AREA: An area having special flood and/or flood-related erosion hazards, and shown on a FIRM as Zone A, AO, AI-30, AE, A99, AH, V, VI-30, or VE.
START OF CONSTRUCTION: The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]
STRUCTURE: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank that is principally above ground, as well as a manufactured home.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
SUBSTANTIAL REPAIR OF A FOUNDATION: When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the Building Official shall determine it to be substantial repair of a foundation. Applications determined by the Building Official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]
VARIANCE - A grant of relief by a community from the terms of a floodplain management regulation. [US Code of Federal Regulations, Title 44, Part 59]
VIOLATION: The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]
FLOOR AREA, GROSS: See § 20.2.
HOME OCCUPATION TERMS. This section is related to Home Occupation zoning regulations. Refer to Section XX.
HOME BUSINESS: See § 20.2.2.
HOME OFFICE: See § 20.2.1.
INCLUSIONARY ZONING TERMS. This section is related to Inclusionary Zoning regulations. Refer to Section XXV.
AFFORDABILITY DEED RESTRICTION: See § 25.1.
AFFORDABLE HOUSING TRUST FUND: A fund created to receive fees-in-lieu-of-when developers opt to provide equivalent units in cash or land instead of actual construction. Such trust funds are authorized by MGL c. 44, § 55C, Municipal Affordable Housing Trust Fund.
AFFORDABLE .HOUSING UNIT: A dwelling unit with an affordability deed restriction available at a cost of no more than 30% of gross household income of households at or below 80% of the area median income as reported by the U.S. Department of Housing and Urban Development, including units listed under MGL c. 40B, §§ 20 through 24, and the commonwealth's Local Initiative Program.
MEDIAN INCOME: The household income determined annually by the U.S. Department of Housing and Urban Development and the Massachusetts Department of Housing and Community Development for Hadley or the region that includes Hadley.
QUALIFIED AFFORDABLE HOUSING UNIT PURCHASER OR TENANT: An individual or family with household incomes that do not exceed 80% of the median income, with adjustments for household size, as reported by the United States Department of Housing and Urban Development (HUD) and the commonwealth's Local Initiative Program.
LOT-RELATED TERMS. The following terms apply to the regulation of lots. Also see § 4.3.
LOT: A single tract of land held in single ownership throughout and which is bounded by streets, ponds, waterways, or by land of other owners.
LOT DEPTH: The mean distance from a street line of the lot to its opposite rear line, measured in the mean general direction of the side lines of the lot.
LOT FRONTAGE: The continuous portion of the line separating a lot from a street to which the owner of the lot can provide the physical access to a principal building on the lot, in compliance with applicable bylaws, regulations or laws, for motor vehicles to reach required off-street parking spaces or loading bays, and for emergency services such as fire protection or ambulance service, and for other vehicles to gain access to the principal building for deliveries, such as mail.
LOT LINE, REAR: The lot line opposite to the street line or in the case of a corner lot the rear lot line may be elected by the owner.
LOT, CORNER: A lot at the junction of and fronting on two or more intersecting streets 20 feet or more in width.
YARD, FRONT: A space across the full width of the lot and extending from the street line of such lot to that point on the building nearest to such street line.
YARD, REAR: A space across the full width of the lot and extending from the rear lot line to that point on the building nearest to such rear lot line. In the case of a triangular lot with only one side fronting on a street, the rear yard shall be the open unoccupied space between the rear wall of the building and a line halfway between such rear wall and the point of intersection of the side lines of the lot.
YARD, SIDE: A space extending from the front yard to the rear yard between a building and the adjacent side line of the lot on which the building is located.
MARIJUANA-RELATED TERMS. The following terms apply to the regulation of marijuana. Refer to Sections XXIX and XXX.
CANNABIS OR MARIJUANA OR MARIHUANA: All parts of any plant of the genus Cannabis, not excepted in 935 CMR 500.002: Cannabis or Marijuana or Marihuana (a) through (c) and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; clones of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin, including tetrahydrocannabinol as defined in MGL c. 94G, § 1; provided that cannabis shall not include:
	(a)	The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination; or
	(b)	Hemp; or
	(c)	The weight of any other ingredient combined with cannabis or marijuana to prepare topical or oral administrations, food, drink or other products.
CANNABIS OR MARIJUANA PRODUCTS: Cannabis or marijuana and its products unless otherwise indicated. These include products that have been manufactured and contain cannabis or marijuana or an extract from cannabis or marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
CEASES TO OPERATE: Marijuana retailer closes and does not transact business for a period greater than 60 days with no substantial action taken to reopen.
COMMISSION: The Massachusetts Cannabis Control Commission established by MGL c. 10, § 76, or its designee.
CRAFT MARIJUANA COOPERATIVE: A marijuana cultivator comprised of residents of the commonwealth and organized as a limited-liability company, limited-liability partnership, or cooperative corporation under the laws of the commonwealth. A cooperative is licensed to cultivate, obtain, manufacture, process, package and brand cannabis or marijuana products to transport marijuana to marijuana establishments, but not to consumers.
HEMP: The plant of the genus Cannabis or any part of the plant, whether growing or not, with a delta-9-tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis of any part of the plant of the genus Cannabis, or per volume or weight of cannabis or marijuana product, or the combined percent of delta-9-tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus Cannabis regardless of moisture content.
HOST COMMUNITY AGREEMENT: An agreement, pursuant to MGL c. 94G, § 3(d), between a marijuana establishment and a municipality.
LICENSEE: A person or entity licensed by the Commission to operate a marijuana establishment under 935 CMR 500.000.
MANUFACTURE: To compound, blend, extract, infuse or otherwise make or prepare a cannabis or marijuana product.
MARIJUANA CULTIVATION: The use of land and/or buildings for planting, tending, improving, harvesting, processing and packaging, the preparation and maintenance of soil and other media and promoting the growth of marijuana by an adult use marijuana cannabis cultivator, microbusiness, research facility, craft marijuana cultivator cooperative, or other entity licensed by the Cannabis Control Commission for marijuana cultivation.
MARIJUANA CULTIVATOR: An entity licensed to cultivate, process and package marijuana, and to transfer marijuana to other marijuana establishments, but not to consumers. A craft marijuana cooperative is a type of marijuana cultivator.
MARIJUANA ESTABLISHMENT: A marijuana cultivator, craft marijuana cooperative, marijuana product manufacturer, marijuana retailer, marijuana microbusiness, marijuana independent testing laboratory, marijuana research facility, marijuana transporter, or any other type of licensed marijuana-related business, except a registered marijuana dispensary or off-site medical marijuana dispensary.
MARIJUANA INDEPENDENT TESTING LABORATORY: A laboratory that is licensed by the Commission and is:
	(a)	Accredited by the International Organization for Standardization 17025 (ISO/IEC 17025:2017) by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the Commission; and
	(b)	Independent financially from any medical marijuana treatment center (RMD), marijuana establishment or licensee for which it conducts a test; and
	(c)	Qualified to test cannabis or marijuana in compliance with 935 CMR 500.160 and MGL c. 94C, § 34.
MARIJUANA MICROBUSINESS: A co-located marijuana establishment that can be either a Tier 1 marijuana cultivator or product manufacturer or both, in compliance with the operating procedures for each license. A microbusiness that is a marijuana product manufacturer may purchase no more than 2,000 pounds of marijuana per year from other marijuana establishments.
MARIJUANA PROCESS OR PROCESSING: To harvest, dry, cure, trim and separate parts of the cannabis or marijuana plant by manual or mechanical means, except it shall not include manufacture as defined in 935 CMR 500.002.
MARIJUANA PRODUCT MANUFACTURER: An entity licensed to obtain, manufacture, process and package cannabis or marijuana products and to transfer these products to other marijuana establishments, but not to consumers.
MARIJUANA RESEARCH FACILITY: An entity licensed to engage in research projects by the Commission.
MARIJUANA RETAILER: An entity licensed to purchase and transport cannabis or marijuana product from marijuana establishments and to sell or otherwise transfer this product to marijuana establishments and to consumers. Retailers are prohibited from delivering cannabis or marijuana products to consumers; and from offering cannabis or marijuana products for the purposes of on-site social consumption on the premises of a marijuana establishment.
MARIJUANA TRANSPORTER: An entity, not otherwise licensed by the Commission, that is licensed to purchase, obtain, and possess cannabis or marijuana product solely for the purpose of transporting, temporary storage, sale and distribution to marijuana establishments, but not to consumers. Marijuana transporters may be an existing licensee transporter or third-party transporter.
MEDICAL MARIJUANA TREATMENT CENTER: A registered marijuana dispensary (RMD) and off-site medical marijuana dispensary (OMMD) as defined in Section XXIX of this bylaw.
OFF-SITE MEDICAL MARIJUANA DISPENSARY (OMMD): A registered marijuana dispensary that is located off site from the cultivation/processing facility (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 105 CMR 725.00.[1]
REGISTERED MARIJUANA DISPENSARY (RMD): A use operated by a not-for-profit entity registered and approved by the MA Department of Public Health in accordance with 105 CMR 725.000,[2] 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.
NONCONFORMING USE OR STRUCTURE: A lawfully existing use or structure which does not conform to the provisions of this bylaw.
OPEN SPACE: See § 5.5.
PROFESSIONAL OR BUSINESS OFFICE: A building or part thereof for the transaction of business or the provision of services exclusive of the receipt, sale, storage, or processing of merchandise, including, but not limited to, offices of banks and financial institutions, medical offices, medical clinics, and others.
RESTAURANT: A place where the primary function is the serving of food and beverages.
SENIOR-HOUSING-RELATED TERMS. The following terms apply to the regulation of senior housing. Refer to Section XXVII.
AFFORDABILITY DEED RESTRICTION: A deed rider, covenant, mortgage, easement, condominium document and/or other similar document that ensures that affordable housing remains on the land for at least 99 years (affordable senior units shall, by deed restriction, remain affordable in perpetuity) and is binding and enforceable against any person with an interest in the property meeting the following standards:
ASSISTED LIVING FACILITY: Units for persons 55 years of age and older where rooms, meals, personal care and supervision of self-administered medication are provided. Other services may be provided as an accessory use only such as recreational activities, financial services and transportation.
CONDOMINIUM: A legal form of ownership of real property, usually individual ownership of a dwelling unit in a multi-unit development, where some rights are held in common by the residents of that development.
CONGREGATE CARE FACILITY: Units for persons 55 years of age and older where communal dining facilities and services such as housekeeping, organized social and recreational activities, transportation services, and other support services appropriate for the residents are provided.
HOMEOWNERS' ASSOCIATION: A private nonprofit organization (corporation, association, or other legal entity) established by the developer to manage, maintain, support, and finance the common area and facilities and open space of a senior housing development and to enforce certain covenants and restrictions.
SENIOR: An individual who is 55 years of age or older.
SENIOR HOUSING DEVELOPMENT: A master-planned development of land as a unified, self-contained, residential community that provides for a range of living arrangements from single-family housing, senior housing apartments, congregate care housing, to assisted living units, constructed expressly for use and residence by persons who have achieved a minimum age requirement for residency of 55 years or older, in accordance with MGL c. 151B, § 4, Subsection 6, and also incorporating the preservation of natural open space areas as an integral element of the development. A senior housing development shall be permitted only within the Senior Housing Overlay District and only upon the granting of a special permit by the Planning Board.
SENIOR HOUSING OPEN SPACE: Undeveloped land set aside for common or individual ownership as a result of a senior community development, with conservation easements and other deeded restrictions to ensure that the land will remain permanently open and undeveloped. A condition of senior housing development approval is that open space may not be further subdivided.
SIGN-RELATED TERMS. The following terms apply to the regulation of signs. Refer to Section VII.
ESTABLISHMENT: Any nonresidential entity such as an institutional, nonprofit or business that is located in its own premises or a permanently divided portion of larger premises, which portion maintains a separate entrance and egress.
PUBLIC WAY: A way as defined under MGL Chapter 90, § 1.
SIGN: Any permanent or temporary structure, device, letter, word, model, banner, pennant, insignia, trade flag, or representation used as, or which is in the nature of, an advertisement, announcement, or direction, or is designed to attract the eye by means including intermittent or repeated motion or illumination.
SIGN, ACCESSORY: Any sign that advertises or indicates the person occupying the premises on which the sign is erected or maintained, or the business transacted thereon, or advertises the property itself or any part thereof as for sale or rent, and which contains no other matter.
SIGN AREA ALLOWANCE: The maximum area of total signage allowed for an establishment. Sign area allowance may be apportioned as desired among and up to the maximum allowed signs for an establishment.
SIGN, GROUND: A sign erected on or affixed to the land, including any exterior sign not attached to a building.
SIGN, INTERNALLY LIT: Any sign that uses a light source inside or behind the surface area or any other part of the sign in order to illuminate the sign or parts of the sign. This includes, but is not limited to, signs with light sources behind semi-translucent material or layered signs with light sources behind text characters. Any internally lit sign is considered a light-emitting sign.
SIGN, LANDMARK: A sign that designates a property, building, or site as historic, as defined by the Town's Historic Commission.
SIGN, LIGHT-EMITTING: A sign which produces and projects light from the surface area or any other part of the sign using a bulb or array of bulbs or any other light source, including internally lit signs, in order to direct light towards viewers.
SIGN, SURFACE AREA OF: The area of a sign shall be considered to include all the lettering, wording and accompanying signs and symbols, together with the background on which they are displayed, any frame around the sign and any cutout or extensions. It shall not include the structural members, which are used solely for supporting or bracing the portion comprising the sign area. The area of a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall or window shall be considered to be that of the smallest quadrangle or triangle which encompasses all of the letters and symbols. The area of a sign consisting of or containing a three-dimensional object shall be considered to be the area of the largest vertical cross-section. In computing the area of signs, only one side of back-to-back signs shall be counted.
SIGN, TEMPORARY: Any sign intended to be maintained for a continuous period of not more than 60 days.
SOLAR-ENERGY-RELATED TERMS. The following terms apply to the regulation of solar energy. Refer to Section XXVIII.
AGRICULTURE: "Farming" or "agriculture" shall be defined as stated in MGL Chapter 128, § 1A, as amended.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM: A solar energy system shall be considered to be building integrated if it is designed to be permanently mounted on a building or other inhabitable structure. This definition applies to solar energy systems of any capacity that are designed to be operated in direct contact with a building.
CONTACT INFORMATION: Any and all up-to-date information necessary to make contact under both normal and emergency conditions. This information includes, but may not be limited to, names, addresses, and telephone and fax numbers, as well as email addresses.
DEMONSTRATED PEAK ENERGY DEMAND: The highest electric load measured on any day during the twenty-four-month time period prior to submission of solar energy system permit application.
FOOTPRINT: The area of the smallest quadrangle or triangle that encompasses all of the solar panels.
IMPERVIOUS SURFACES: Any surface that restricts natural rainwater penetration and/or natural groundwater recharge. This includes pavement of any type, concrete, asphalt, bituminous concrete (any type), so called TRG, gravel, stone (any type or size), brick, or any other surface that restricts or is designed to restrict natural rainwater penetration.
LARGE-SCALE, GROUND-MOUNTED SOLAR ENERGY SYSTEM: A solar energy system that has its solar panels structurally mounted on the ground and occupies a footprint equal to or greater than one acre but no more than 10 acres.
OFF-GRID SOLAR ENERGY SYSTEM: A solar energy system that is designed to produce power only at that site of generation and is not connected to an electric power utility.
OFF-SITE SOLAR ENERGY SYSTEM: A solar energy system that is sized primarily to produce electricity to be consumed at a location separated from the site of generation through a connection to an electric power utility.
ON-SITE SOLAR ENERGY SYSTEM: A solar energy system that is sized primarily to produce electricity to be consumed at that site of generation, up to 1.5 times the demonstrated peak energy demand. On-site solar energy systems may or may not be connected to an electric power utility.
RATED NAMEPLATE CAPACITY: The maximum rated output of electric power produced by energy-generating equipment.
SMALL-SCALE, GROUND-MOUNTED SOLAR ENERGY SYSTEM: A solar energy system that has its solar panels structurally mounted on the ground and occupies a footprint of less than one acre.
SOLAR ENERGY SYSTEM: All equipment, machinery and structures utilized in connection with the conversion of light to electricity. This includes, but is not limited to, transmission, storage, collection and supply equipment, substations, transformers, service and access roads.
SOLAR PANELS: A component or series of components which are part of a solar energy system that converts sunlight into electricity or concentrates heat for human use.
SPECIAL PERMIT GRANTING AUTHORITY (SPGA): The Planning Board and/or the Board of Appeals, depending upon which Board is designated as the SPGA in this bylaw. [Added 5-10-2022 ATM by Art. 22]
STREET, ROAD OR WAY: An area of land dedicated, approved by the Planning Board, or legally open for public travel under at least one of the following classifications: a public way duly laid out by the Town of Hadley, the Hampshire County Commissioners, the Commonwealth of Massachusetts, or a way which the Hadley Town Clerk certifies is maintained by public authority and used as a public way, excluding, however, limited access highway; or a way shown on a definitive plan approved and endorsed in accordance with the Subdivision Control Laws; or a way in existence prior to said Subdivision Control Law having become effective in the Town of Hadley (1961), having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the building erected or to be erected thereon.
STRUCTURE: A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, fence, sign, flagpole, mast for radio antenna or the like. The word "structure" shall be construed, where the context allows, as though followed by the words "or part or parts thereof."
USE: The purpose for which land or building is occupied, or maintained, arranged, designed or intended.
WIRELESS-COMMUNICATIONS-RELATED TERMS. The following terms apply to the regulation of wireless communications. Refer to Section XIV.
WIRELESS COMMUNICATIONS SERVICES: The provision of the following types of services: cellular telephone service, personal communications and enhanced specialized mobile radio service. Such services, it is anticipated, will be provided via wireless communications towers, including antennas and accessory structures, if any.
WIRELESS COMMUNICATIONS TOWER: A structure (with antennas, if any) designed to facilitate the following types of services: cellular telephone service, personal communications service and enhanced specialized mobile radio service.
WIRELESS COMMUNICATIONS FACILITY: Devices (other than a wireless communications tower) which are mounted on top of an existing building or structure (roof mounted), mounted adjacent to the side or rear of an existing building or structure (side mounted), or mounted to the facade of an existing building or structure (facade mounted) and designed to facilitate the following types of services: cellular telephone service, personal communications service and enhanced specialized mobile radio service.
ZONING ENFORCEMENT OFFICER: The Building Inspector unless otherwise designated by the Select Board.

[1]

Editor's Note: See now 935 CMR 500 et seq.

[2]

Editor's Note: See now 935 CMR 500 et seq.