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8473_ZONING AMENDMENT HISTORIC PRESERVATION OVERLAY zoAi�1P»�m8n+ ' shytc" re-em�6h li, `,f(�/C)7 .� l TOR-2007-1 t f�� ZC-2007-1 As Amended r ORDINANCE TO AMEND CHAPTER 180 �e —OF THE CODE OF THE TOWN OF AGAWAM BY ADDING .r ARTICLE XVI, HISTORIC PRESERVATION OVERLAY DISTRICT (initiated by the Agawam Planning Board) WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Chapter 180, by adding Article XVI, Historic Preservation Overlay District; and WHEREAS, the amendment proposes to encourage, permit flexibility and provide incentives for the preservation of historic buildings, structures, sites and settings, and elements of historical or architectural significance; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND THE CODE OF THE TOWN OF --__AGAWAM,_B_Y_ADD ING..ARTICLE__XVI_,_HISTORIC PRESE.RVA_TION.OVERLAY.._. ..._ DISTRICT TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article XVI Section 180-112 Purpose. The purpose of this Article is to create an overlay district to allow for the conversion of Agawam's historic structures while preserving the character of nearby residential neighborhoods; to encourage the preservation, reuse and renovation of historic properties; and to promote diversified housing opportunities. Section 180-113 Overlay District. The Historic Preservation (HPOD) Overlay District shall be applied in all Zoning Districts. Within the HPOD all regulations of the underlying district(s) shall continue to be in full force and effect, except where these regulations supercede such underlying requirements or provide an alternative to such requirements. Section 180-114 Historic Eligibility: A historic structure or historic place must meet one of the following criteria: A. Included in the Agawam Inventory of Historic Structures prepared by the Agawam' Historical Commission, as amended from time to time., including buildings listed for which complete surveys may be pending; or B. Listed on or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National Register of Historic Places, or has been determined to be eligible by the Massachusetts Historical Commission for listing, either individually, or within an historic district, on the National Register of Historic Places. Section 180-115 Conditions A. Existing buildings being converted under the terms of this Article are not subject to the minimum lot area, minimum setbacks, maximum building height, or maximum number of stories requirements listed in the underlying district. Additions or alterations to the existing structures are subject to the height and setback requirements of the underlying district. B. Existing buildings on existing lots that are deficient in frontage may be converted under the terms of this section without a variance, but existing lots which meet or exceed the minimum required frontage may not be subdivided in such a manner as to leave the existing building on a lot that lacks the minimum required frontage. - ---- ---- C.---The e-)Mlor-dW gn-zf­the�tra-ctrare-shai1-be--mainta'rrred--to the`-greatest---...---- ----_ _ extent possible. D. The original building area is not to be increased more than .ten (10) percent of its gross floor area. Additions and alterations made to comply with the requirements of the Americans with Disabilities act are not subject to this limit. Section 180-116 Special Permit. The Agawam City Council may grant a Special Permit to authorize actions upon and uses of historic structures and historic places that exceed those allowed in the underlying district, if such actions or uses comply with the requirements of this section, § 180-11, and are in the Town of Agawam`s best interest to preserve and enhance historic structures and historic places. Section 180-117 Review by Other Boards. Whenever an application for such a special permit is filed with the City Council, the applicant shall also file, within five (5) working days of the filing of the completed application, copies of the application, accompanying site plan, and other documentation to the Agawam Historical Commission, the Agawam Planning Board, the Agawam Health Department, the Agawam Fire Department and the Agawam Safety Officer for their consideration, review and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. Reports from other boards and officials shall be submitted to the City Council by the date of the public hearing, but in any case within thirty-five (35) days of the receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. Section 180-117 Uses. Allowed Uses, if found to be appropriate by the Agawam City Council, shall be limited to: residential, and bed and breakfast homes allowing a maximum of one week's stay. DATED THIS - 191-�- DAY OF 2007. PER ORDER OF THE AGAWAM TOWN COUNCIL nald M. Rheault, President Agawam Town Council rP OVED S TO FORM AND LEGALITY Vincent . Gioscia, Solicitor f MAYORAL ACTION Received this day of ,2007 from Town Council Clerk. Signed by Council President this, F day of 12007. APPROVAL OF LEGISLATION By the powers vested in me pursuant to.Article 3, Section 3-5 of the Agawam Charter, as amended, I hereby approve the passage of the above legislation on this day of "A ti , 2007. a/4 za z � Richard A. Cohen, Mayor DISAPPROVAL OF LEGISLATION By the powers vested in me pursuant to Article 3, Section 3-6 of the Agawam Charter, as . amended, I hereby veto the passage of the above legislation on this day of , 2007 for the following reason(s): Richard A. Cohen, Mayor RETURN OF LEGISLATION TO COUNCIL CL�RRI Returned to Council Cleric this day of d�C_ ,2007. A ` � Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 y oa 3 ram- O March 6, 2007 ni Agawam Town Council Donald M. Rheault, President Robert A. Magovern, Vice President George Bitzas, Councilor Cecilia Calabrese, Councilor Ruth Carr Bitzas, Councilor Gina Letellier, Councilor Joseph Mineo, Councilor Dennis Perry, Councilor Robert E. Rossi, Councilor Jill P. Simpson, Councilor Robert M. Young, Councilor Dear Councilors: Attached please find a copy of the amended Historic Preservation Overlay District. This version reflects the changes that were made at the Council's March 51h meeting. Sincerely, Travis Ward, Acting Chairman Agawam Planning Board cc: Clerk Historical Commission TOR-2007-1 ZC-2007-1 As Amended AN ORDINANCE TO AMEND CHAPTER 180 OF THE CODE OF THE TOWN OF AGAWAM BY ADDING ARTICLE XVI, HISTORIC PRESERVATION OVERLAY DISTRICT (Initiated by the Agawam Planning Board) WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Chapter 180, by adding Article XVI, Historic Preservation Overlay District, and WHEREAS, the amendment proposes to encourage, permit flexibility and provide incentives for the preservation of historic buildings, structures, sites and settings, and elements of historical or architectural significance; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND THE CODE OF THE TOWN OF AGAWAM, BY ADDING ARTICLE XVI, HISTORIC PRESERVATION OVERLAY DISTRICT TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article XVI Section 180-112 Purpose. The purpose of this Article is to create an overlay district to allow for the conversion of Agawam's historic structures while preserving the character of nearby residential neighborhoods; to encourage the preservation, reuse and renovation of historic properties; and to promote diversified housing opportunities. Section 180-113 Overlay District. The Historic Preservation (HPOD) Overlay District shall be applied in all Zoning Districts. Within the HPOD all regulations of the underlying district(s) shall continue to be in full force and effect, except where these regulations supercede such underlying requirements or provide an alternative to such requirements. Section 180-114 Historic Eligibility: A historic structure or historic place must meet one of the following criteria: A. Included in the Agawam Inventory of Historic Structures prepared by the 0 0 Agawam Historical Commission, as amended from time to time, including buildings listed for which complete surveys may be pending; or B. Listed on or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National Register of Historic Places, or has been determined to be eligible by the Massachusetts Historical Commission for listing, either individually, or within an historic district, on the National Register of Historic Places. Section 180-115 Conditions A. Existing buildings being converted under the terms of this Article are not subject to the minimum lot area, minimum setbacks, maximum building height, or maximum number of stories requirements listed in the underlying district. Additions or alterations to the existing structures are subject to the height and setback requirements of the underlying district. B. Existing buildings on existing lots that are deficient in frontage may be converted under the terms of this section without a variance, but existing lots which meet or exceed the minimum required frontage may not be subdivided in such a manner as to leave the existing building on a lot that lacks the minimum required frontage. C. The exterior design of the structure shall be maintained to the greatest extent possible. D. The original building area is not to be increased more than ten (10) percent of its gross floor area. Additions and alterations made to comply with the requirements of the Americans with Disabilities act are not subject to this limit. Section 180-116 Special Permit. The Agawam City Council may grant a Special Permit to authorize actions upon and uses of historic structures and historic places that exceed those allowed in the underlying district, if such actions or uses comply with the requirements of this section, § 180-11, and are in the Town of Agawam's best interest to preserve and enhance historic structures and historic places. Section 180-117 Review by Other Boards. Whenever an application for such a special permit is filed with the City Council, the applicant shall also file, within five (5) working days of the filing of the completed application, copies of the application, accompanying site plan, and other documentation to the Agawam Historical Commission, the Agawam Planning Board, the Agawam Health Department, the Agawam Fire Department and the Agawam Safety Officer for their consideration, review and report. The copies necessary, to fulfill this 0 0 requirement shall be furnished by the applicant. Reports from other boards and officials shall be submitted to the City Council by the date of the public hearing, but in any case within thirty-five (35) days of the receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. Section 180-117 Uses. Allowed Uses, if found to be appropriate by the Agawam City Council, shall be limited to: residential, and bed and breakfast homes allowing a maximum of one week's stay. DATED THIS DAY OF , 2007, PER ORDER OF THE AGAWAM TOWN COUNCIL Donald M. Rheault, President Agawam Town Council P OVED S TO FORM AND LEGALITY 3 C ri Vincent 1F. Gioscia, Solicitor A Town of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 PLANNING BOARD March 2, 2007 Donald M. Rheault, President ; Robert A. Magovern, Vice President George Bitzas, Councilor Cecilia Calabrese Councilor Ruth Carr-Bitzas, Councilor Gina M. Letellier, Councilor ' Joseph Mineo, Councilor Dennis Perry, Councilor ' Robert Rossi, Councilor Jill Simpson, Councilor Robert M. Young, Councilor Agawam Town Council 36 Main Street Agawam, MA 01001 Dear Councilors: At its duly called meeting held on March 1, 2007 the Agawam Planning Board voted to send a positive recommendation to the Town Council regarding the Zoning Amendment entitled "Historic Overlay District'. Sincerely, Travis Ward, Acting Chairman Agawam Planning Board cc: Mayor, Clerk, File Memo To: Planning Board From: Sgt. Richard Niles Subject: Historic Preservation Overlay District Date: 02/06/2007 As written, this proposed zoning amendment would appear to have Iittle negative impact on pedestrian,bicycle, and or motor vehicle traffic safety. Respectfully Submitted Sgt. . Niles Safety Officer Agawam Police Department 7 +41 0 • Town of Agawam Law Department Vincent F.Gioscia,City Solicitor Kimberly L.Stevens,Assistant City Solicitor To: Councilor R. Rossi From: Vincent Gioscia Cc: Debbie Dachos Date: February 28, 2007 Re: Historic Preservation Overlay District Issue: I refer to your memo 6f- February 5 2007 for the questions presented and will answer each in order. 1. What standing.. does: the: Ma. nix ng Board have "being the paitioner and/or in establishing historical structures or districts? The Planning Board may'.act pwsuant to M.G.L. ch. 40A§5: Zoning ordinances or by- laws may be adopted ,andfrnri time to time changed by am'ndrnent, addition or repeal, but only in the m anner hcretn er provided..Adoption or change of zoning ordinances or by-laws may be rtiriated y the oh to the city council or board of selectmen of a proposed zoning ordinance or by-law by a city council, a board;of seleetmen a board of appeals, by an,individual owning,land to be affected by change or 44option,'by request of registered voters of a town pursuant to.section ten of chapter thirty-nine,by ten registered voters in a city, iy arrlat rang board;,,by a regionM planning agency or by other methods provided by municipal charter. The board of selectmen or city council shall within fourteen days of receipt of such zoning ordinance or by-law submit it to the planning board for review. M.G.L. ch. 40A, § 5 (emphasis added) The ordinance proposes the adoption of;a,Zoning =endment. Isn't that the function of the Historical Committee; which is based on their investigation of the significance or importance that structure or district? M.G.L. ch. 40A, § 5 is silent as to an historical committee's ability to propose zoning amendments. However, in light of the finite list provided in the statute my opinion is that the Historical Committee may not propose zoning amendments. 2. Do you know of the existence of any report from the Historical Committee concerning their finding for creating this overlay district? No. See Answer to Question three below for explanation. 36 Main Street, Agawam, MA 01001 Tel: (413) 786-0400 ext. 281 Fax: (413) 786-9927 f R Page 2 February 29, 2007 3. Is this amendment proper, and legally before us based on question #1 above as well as MGL c.40C, Sec. 3, and others? Yes. After review of M.G.L. ch. 40C §3 it is my opinion that M.G.L. ch. 40C §3 does not apply. The proposed ordinance does not create a "Historic District" as described in Section 3. Section 3 contemplates a finite geographic area to be designated as a historic district. The proposed amendment does not do this. Rather, it creates an ability for the City Council to designate certain real estate that meet the requirements set out in the proposed amendment (See proposed ordinance §180-122). This indicates an intention to specifically not create certain geographic areas as historic districts. 4. What would be a legal definition of a Historic Overlay? Are we talking about permitted uses, i.e. Cell Towers; etc.?. Wouldn't it be dangerous to blindly consider historical structures or districts as permitted use.regardless of zoning? Arbitrary?Who gets,to-make those decisions? The proposed ordinance is silent as to a specific definition of Historic Overlay. I would propose the following: HISTORIC PRESERVATION OVERLAY DISTRICT (HPOD) — Specific area(s), determined by the criteria contained in §180-122 to contain sites where the historic nature or character of structures may be require to preserve the character the neighborhood. The only permitted use contained in the HPOD is stated in the proposed ordinance §180- 126. The conditions for such use are stated in the proposed.ordinance §180-123. There would be no dangeroof"Arbitrary" action provided the ordinance is uniformly applied to all qualified real,estate/structures. The Agawam City Council would mare the decision pursuant to the proposed ordinance §18p-124,via.Special`Permits: 5. What affect would this have on the cpnimunity.as it pertains to other structures that are or may become historical for the purposes of buildi.n.g,residential units? If other structures are listed in the Agawam Inventory of Historic Structures or the other listings stated in proposed ordinance §180-122(A) & (B) then they would be eligible for applying for Special Permits under the proposed amendment. Other structures not listed would remain unaffected as the listed structures may not change the exterior design pursuant to proposed ordinance §180-123 (C). Are other historical structures in town limited in their use to residential? Yes. If a historic structure is located in a current zone for residential use only then it will remain such. The proposed ordinance does not allow for the creation of other uses as stated in proposed ordinance §180-126. If historic structures are rezoned then it becomes 36 Main Street,Agawam, MA 01001 Tel: (413) 786-0400 ext. 281 Fax: (413) 786-9927 Agawam Law Department 0 Page 3 February 28,2007 nonconforming etc. It may however, become subject to the HPOD upon granting of a special permit as required in the proposed amendment. If not, how do we differentiate? What controls would we have on other conversions? The uses of a historic property do not change unless the special permit is granted by the City Council pursuant to the proposed ordinance. There is no need to "differentiate." Conversions to uses are limited by the proposed ordinance. (See proposed ordinance §180-126.) 6. If this Amendment were to be adopted, would that mean that any structure in the city of Agawam that were to be labeled historical could be , as a right of passage, be converted to residential units regardless of the zoning the structure occupies? Reference Section 180-115 Conditions. There would be no right to change use upon passage of the proposed ordinance. The only way the HPOD may be applied is.via a Special Permit granted by the City Council in accordance with the propQk4ordinance. The historic nature of a structure as defined in the proposed ordinance §;180422 only creates eligibility to apply for a Special Permit. The HPOD does not create any automatic action or change to the current zoning ordinances in`Agawam I further -find no reference to "Section 180-115 Conditions" contained in Code of the;Towh"of Agawam; Massachusetts Updated 05-15-2006 edition and therefore cannot comment`upon "the ;contents. I assume that you are referring to Section 180-I22'tf the proposed ordinance. 7. Once a historical structure/or district is established for the purposes of this amendment. What happens to it's historical standing once it's converted to a more modern use such as condominiums(Old Mill Project) as an example? Does is continue to be listed on the Historical Registers? Does it keep it's historical significance or importance to the community? Is it entitled to tax incentives and other benefits that historical places are entitled? Or does it just become another building of conforming use in a zone that does not and should not have allowed it. The amendment does not create historic districts. Once a structure receives a Special Permit under the HPOD the nature of its historical standing does not change. The HPOD is in place to preserve structures that may otherwise deteriorate as a result of disuse etc. The limitation to the use stated in the proposed ordinance §180-126 allows the change to residential use so as to allow a use without a change in the exterior design of the structure. Nothing in the ordinance would require or allow for removal for the historical registries. The issue as to whether or not "it keeps it's historical significance or importance to the community" is not a subject to be address by the Law Department. I have not examined the possible tax incentives and other benefits that historical places may be entitled to, however, there is nothing in the proposed amendment which would appear to change the possible benefits. 36 Main Street,Agawam, MA 01001 Tel: (413) 786-0400 ext. 281 Fax: (413) 786-9927 Agawam Law Department 0 0 Town of Agawam AGAWAM HISTORICAL COMMISSION 36 Main Street Agawam,Massachusetts 0 001 28 February 2007 Agawam Planning Board Town of Agawam 36 Main Street Agawam,Massachusetts 01001 Members of the Agawam Planning Board: The Agawam Historical Commission supports the Planning Board in its efforts to create a Historic Preservation Overlay District for the Town of Agawam,though we feel strongly that defining the allowed uses,as specified in Section 180-117"Uses,"only to "residential and bed and breakfast homes allowing a maximum of one week's stay"may limit the effectiveness of this ordinance in some future situation.There are a limited number of historic commercial and/or industrial buildings in the Town of Agawam that would benefit from this amendment as written,while there are many residential structures that could conceivably be preserved at some future date if the amendment was drafted to include commercial use,which is referenced in a manner in Section 180-112 "Purpose,"but then excluded in Section 180-117 "Uses." The Agawam Historical Commission is not opposed to including in this amendment the commercial re-use of an historic structure,where appropriate,especially given that any request must be reviewed by several town boards and officials,including the historical commission,and that the Agawam Town Council will be the ultimate granting authority.This series of checks will ensure that innapropriate commercial re-use of an historic structure is not allowed. Our intent is not to allow rampant conversion of historic housing stock to commercial use,but to ensure that this amendment is written in a manner so it may be flexible enough to allow historic preservation and re-use for the variety of historic buildings located in Agawam,now,and in the future. Thank you for your consideration, David Cecchi chairman cc: Office of Planning and Community Development MA'S LEGAL NOTICE TOWN OF AGAWAM PLANNING BOARD The Agawam Planning Board will hold a public hearing on Thursday, March 1, 2007 at 7:00 PM in the Agawam Public Library, 750 Cooper Street, Agawam, MA. The purpose of this hearing will be to hear the petition of the Agawam Planning Board on a proposed Zoning Amendment entitled"Historic Overlay District". A copy of the proposal can be obtained from the Agawam Planning Office or the Agawam Town Clerk's Office between the hours of 8:30 AM and 4:30 PM in the Agawam Town Hall, 36 Main Street, Agawam, MA. BY ORDER OF: Dennis B. Hopkins, Chairman Agawam Planning Board (Ad to be run 2/15/07 &2/22/07) A (Town: of Agawam 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 lk MEMO TO: Building Inspector Torn Solicitor Engineering/DPW Safety Officer Fire Department ' Health Department Conservation Commission Board of Appeals School Committee Assessors FROM: Planning Board SUBJECT: Proposed Zoning Amendment- Historic Preservation Overlay District - Planning Board DATE: February 1, 2007 The Planning Board is the petitioner for the attached zoning amendment entitled Historic Preservation Overlay District. A public hearing has been scheduled by the Planning Board for March 1, 2007. Please submit any comments you may have prior to that date. Sincerely, f� Dennis B. Hopkins, Chairman AGAWAM PLANNING BOARD DBH:prk s � ' AGAWAM CITY COUNCIL 36 MAIN STREET AGAWAM, MASSACHUSETTS 01001 MEMORANDUM D ►�Q" Date: February 1, 2007 To: Planning Board From: Ursula Retzler, Council Clerk Re: Zone Change Amendment ZC-2007-1-(TOR-2007-1) PRESIDENT Donald M. Rheault ZONE CHANGE AMENDMENT—entitled "Historic Preservation VICE PRESIDENT Overlay District." Robert A.Magovern COUNCILORS Received from Planning Board January 9,2007. Appeared on George Bitzas Council Agenda January 16, 2007. Submitted to Planning Board Cecilia Calabrese on February 1, 2007. Planning Board will hold their Public Muth Carr Bitzas Hearing on March 1, 2007. Gina M. Letellier City Council will hold their Public Hearing on March 5, 2007 after Joseph Mineo Dennis J-Perry City Council's oval t set said date. Robert E. Rossi Jill P Simpson Robert M. Young Signed COUNCIL CLERK Planning Board Ursula Retzler sue,' i { it TELEPHONE (413) 786-0400 Ext. 233 r FAX ' (413) 786-9927 w s t�► A Town of Agawam �14 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 M January 9, 2007 Agawam Town Council Donald M. Rheault, President Robert A. Magove"m, Vice President c George Bitzas, Councilor Cecilia Calabrese, Councilor c o :— Ruth Carr Bitzas, Councilor _ *C- Gina Letellier, Councilor Joseph Mineo, Councilor b Dennis Perry, Councilor Robert E. Rossi, Councilor ZY c Jill P. Simpson, Councilor Robert M. Young, Councilor Dear Councilors: At its duly called meeting held on January 4, 2007, the Agawam Planning Board voted to act as the petitioner for an amendment to the Zoning Ordinance creating an Historic Preservation Overlay District. The Planning Board had previously submitted a similar amendment to the Council for its consideration. The new version makes the Agawam Town Council the Special Permit Granting Authority, streamlines the permitting process and limits the uses for eligible historic structures to residential uses. The Planning Board has drafted the attached amendment in order to encourage preservation of historic structures while providing the flexibility necessary to utilize historic structures in a modern day context. It is no longer feasible to use many larger historic structures for their original use. The Planning Board would be happy to meet with the Zoning Committee and the Ordinance Committee prior to holding its public hearing to discuss any changes the Council may recommend in this amendment. Sincerely, Travis Ward, Acting Chairman Agawarn Planning Board cc: Clerk Historical Commission File -rolt- aco-I- i AN ORDINANCE TO AMEND CHAPTER 180 OF THE CODE OF THE TOWN OF AGAWAM BY ADDING ARTICLE XVI, HISTORIC PRESERVATION OVERLAY DISTRICT (Initiated by the Agawam Planning Board) WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Chapter 180, by adding Article XVI, Historic Preservation Overlay District; and WHEREAS, the amendment proposes to encourage, permit flexibility and provide incentives for the preservation of historic buildings, structures, sites and settings, and elements of historical or architectural significance; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND THE CODE OF THE TOWN OF AGAWAM, BY ADDING ARTICLE XVI, HISTORIC PRESERVATION OVERLAY DISTRICT TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article XVI Section 180-112 Purpose. The purpose of this Article is to create an overlay district to allow for the conversion of Agawam's historic structures while preserving the character of nearby residential neighborhoods; to encourage the preservation, reuse and renovation of historic properties; to promote diversified housing opportunities and other uses such as mixed residential/commercial use, and/or a combination of such uses. Section 180-113 Overlay District. The Historic Preservation (HPOD) Overlay District shall be applied in all Zoning Districts. Within the HPOD all regulations of the underlying district(s) shall continue to be in full force and effect, except where these regulations supersede such underlying requirements or provide an alternative to such requirements. Section 180-114 Historic Eligibility: A historic structure or historic place must meet one of the following criteria: A. Included in the Agawam Inventory of Historic Structures prepared by the Agawam Historical Commission, as amended from time to time, including buildings listed for which complete surveys may be pending; or B. Listed on or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National Register of Historic Places, or has been determined to be eligible by the Massachusetts Historical Commission for listing, either individually, or within an historic district, on the National Register of Historic Places. Section 180-115 Conditions A. Existing buildings being converted under the terms of this Article are not subject to the minimum lot area, minimum setbacks, maximum building height, or maximum number of stories requirements listed in the underlying district. Additions or alterations to the existing structures are subject to the height and setback requirements of the underlying district. B. Existing buildings on existing lots that are deficient in frontage may be converted under the terms of this section without a variance, but existing lots which meet or exceed the minimum required frontage may not be subdivided in such a manner as to leave the existing building on a lot that lacks the minimum required frontage. C. The exterior design of the structure shall be maintained to the greatest extent possible. D. The original building area is not to be increased more than ten (10) percent of its gross floor area. Additions and alterations made to comply with the requirements of the Americans with Disabilities act are not subject to this limit. Section 180-116 Special Permit. The Agawam City Council may grant a Special Permit to authorize actions upon and uses of historic structures and historic places that exceed those allowed in the underlying district, if such actions or uses comply with the requirements of this section, § 180-11, and are in the Town of Agawam's best interest to preserve and enhance historic structures and historic places. Section 180-117 Review by Other Boards. Whenever an application for such a special permit is filed with the City Council, the applicant shall also file, within five (5) working days of the filing of the completed application, copies of the application, accompanying site plan, and other documentation to the Agawam Historical Commission, the Agawam Planning Board, the Agawam Health Department, the Agawam Fire Department and the Agawam Safety Officer for their consideration, -review and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. Reports from other boards and officials shall be submitted to the City Council by the date of the public hearing, but in any case within thirty-five (35) days of the receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. Section 180-117 Uses. Allowed Uses, if found to be appropriate by the Agawam City Council, shall be limited to: residential, and bed and breakfast homes allowing a maximum of one week's stay. A Town of Agawam tie #1: 36 Main Street Agawam, Massachusetts 01001-1837 Tel. 413-786-0400 Fax 413-786-9927 1" v -� n c c.. c, � n art a• ; S A G w January 9, 2007 r- Agawam Town Council Donald M. Rheault, President Robert A. Magovern, Vice President George Bitzas, Councilor Cecilia Calabrese, Councilor Ruth Carr Bitzas, Councilor Gina Letellier, Councilor Joseph Mineo, Councilor Dennis Perry, Councilor Robert E. Rossi, Councilor Jill P. Simpson, Councilor Robert M. Young, Councilor Dear Councilors: At its duly called meeting held on January 4, 2007,the Agawam Planning Board voted to act as the petitioner for an amendment to the Zoning Ordinance creating an Historic Preservation Overlay District. The Planning Board had previously submitted a similar amendment to the Council for its consideration. The new version makes the Agawam Town Council the Special Permit Granting Authority, streamlines the permitting process and limits the uses for eligible historic structures to residential uses. The Planning Board has drafted the attached amendment in order to encourage preservation of historic structures while providing the flexibility necessary to utilize historic structures in a modern day context. It is no longer feasible to use many larger historic structures for their original use. The Planning Board would be happy to meet with the Zoning Committee and the Ordinance Committee prior to holding its public hearing to discuss any changes the Council may recommend in this amendment. Sincerely, Travis Ward, Acting Chairman Agawam Planning Board cc: Clerk Historical Commission File A04 W4�Mi4 0Ff. 47J4,v1 ASS. AN ORDINANCE TO AMEND CHAPTER 180 4810'34 OF THE CODE OF THE TOWN OF AGAWAM BY ADDING ARTICLE XVI, HISTORIC PRESERVATION OVERLAY DISTRICT (Initiated by the Agawam Planning Board) WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Chapter 180, by adding Article XVI, Historic Preservation Overlay District; and WHEREAS, the amendment proposes to encourage, permit flexibility and provide incentives for the preservation of historic buildings, structures, sites and settings, and elements of historical or architectural significance; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND THE CODE OF THE TOWN OF AGAWAM, BY ADDING ARTICLE XVI, HISTORIC PRESERVATION OVERLAY DISTRICT TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article XVI Section 180-112 Purpose. The purpose of this Article is to create an overlay district to allow for the conversion of Agawam's historic structures while preserving the character of nearby residential neighborhoods; to encourage the preservation, reuse and renovation of historic properties; to promote diversified housing opportunities and other uses such as mixed residential/commercial use, and/or a combination of such uses. Section 180-113 Overlay District. The Historic Preservation (HPOD) Overlay District shall be applied in all Zoning Districts. Within the HPOD all regulations of the underlying district(s) shall continue to be in full force and effect, except where these regulations supercede such underlying requirements or provide an alternative to such requirements. Section 180-114 Historic Eligibility: A historic structure or historic place must meet one of the following criteria: A. Included in the Agawam Inventory of Historic Structures prepared by the Agawam Historical Commission, as amended from time to time, including buildings listed for which complete surveys may be pending; or B. Listed on or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National Register of Historic Places, or has been determined to be eligible by the Massachusetts Historical Commission fo.r listing, either individually, or within an historic district, on the National Register of Historic Places. Section 180-115 Conditions A. Existing buildings being converted under the terms of this Article are not subject to the minimum lot area, minimum setbacks, maximum building height, or maximum number of stories requirements listed in the underlying district. Additions or alterations to the existing structures are subject to the height and setback requirements of the underlying district. B. Existing buildings on existing lots that are deficient in frontage may be converted under the terms of this section without a variance, but existing lots which meet or exceed the minimum required frontage may not be subdivided in such a manner as to leave the existing building on a lot that lacks the minimum required frontage. C. The exterior design of the structure shall be maintained to the greatest extent possible. D. The original building area is not to be increased more than ten (10) percent of its gross floor area. Additions and alterations made to comply with the requirements of the Americans with Disabilities act are not subject to this limit. Section 180-116 Special Permit. The Agawam City Council may grant a Special Permit to authorize actions upon and uses of historic structures and historic places that exceed those allowed in the underlying district, if such actions or uses comply with the requirements of this section, § 180-11, and are in the Town of Agawam's best interest to preserve and enhance historic structures and historic places. Section 180-117 Review by Other Boards. Whenever an application for such a special permit is filed with the City Council, the applicant shall also file, within five (5) working days of the filing of the completed application, copies of the application, accompanying site plan, and other documentation to the Agawam Historical Commission, the Agawam Planning Board, the Agawam Health Department, the Agawam Fire Department and the Agawam Safety Officer for their consideration, review and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. Reports from other boards and officials shall be submitted to the City Council by the date of the public hearing, but in any case within thirty-five (35) days of the receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. Section 180-117 Uses. Allowed Uses, if found to be appropriate by the Agawam City Council, shall be limited to: residential, and bed and breakfast homes allowing a maximum of one week's stay. AN ORDINANCE TO AMEND CHAPTER 180 OF THE CODE OF THE TOWN OF AGAWAM BY ADDING ARTICLE XVI, HISTORIC PRESERVATION OVERLAY DISTRICT (Initiated by the Agawam Planning Board) WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts.General Laws Chapter 40A § 5 to amend Chapter 180, by adding Article XVI, Historic Preservation Overlay District; and WHEREAS, the amendment proposes to encourage, permit flexibility and provide incentives for the preservation of historic buildings, structures, sites and settings, and elements of historical or architectural significance; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND THE CODE OF THE TOWN OF AGAWAM, BY ADDING ARTICLE XVI, HISTORIC PRESERVATION OVERLAY DISTRICT TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article XVI Section 180-112 Purpose. The purpose of this Article is to create an overlay district to allow for the conversion of Agawam's historic structures while preserving the character of nearby residential neighborhoods; to encourage the preservation, reuse and renovation of historic properties; to promote diversified housing opportunities and other uses such as mixed residentiallcommercial use, and/or a combination of such uses. Section 180-113 Overlay District. The Historic Preservation (HPOD) Overlay District shall be applied in all Zoning Districts. Within the HPOD all regulations of the underlying district(s) shall continue to be in full force and effect, except where these regulations supercede such underlying requirements or provide an alternative to such requirements. Section 180-114 Historic Eligibility: A historic structure or historic place must meet one of the following criteria: A. Included in the Agawam Inventory of Historic Structures prepared by the Agawam Historical Commission, as amended from time to time, including buildings listed for which complete surveys may be pending; or B. Listed on or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National Register of Historic Places, or has been determined to be eligible by the Massachusetts Historical Commission for listing, either individually, or within an historic district, on the National Register of Historic Places. Section 180-115 Conditions A. Existing buildings being converted under the terms of this Article are not subject to the minimum lot area, minimum setbacks, maximum building height, or maximum number of stories requirements listed in the underlying district. Additions or alterations to the existing structures are subject to the height and setback requirements of the underlying district. B. Existing buildings on existing lots that are deficient in frontage may be converted under the terms of this section without a variance, but existing lots which meet or exceed the minimum required frontage may not be subdivided in such a manner as to leave the existing building on a lot that lacks the minimum required frontage. C. The exterior design of the structure shall be maintained to the greatest extent possible. D. The original building area is not to be increased more than ten (10) percent of its gross floor area. Additions and alterations made to comply With the requirements of the Americans with Disabilities act are not subject to this limit. Section 180-116 Special Permit. The Agawam City Council may grant a Special Permit to authorize actions upon and uses of historic structures and historic places that exceed those allowed in the underlying district, if such actions or uses comply with the requirements of this section, § 180-11, and are in the Town of Agawam's best interest to preserve and enhance historic structures and historic places. Section 180-117 Review by Other Boards. Whenever an application for such a special permit is filed with the City Council, the applicant shall also file, within five (5) working days of the filing of the completed application, copies of the application, accompanying site plan, and other documentation to the Agawam Historical Commission, the Agawam Planning Board, the Agawam Health Department, the Agawam Fire Department and the Agawam Safety Officer for their consideration, review and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. Reports from other boards and officials shall be submitted to the City Council by the date of the public hearing, but in any case within thirty-five (38) days of the receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. Section 180-117 Uses. Allowed Uses, if found to be appropriate by the Agawam City Council, shall be limited to: residential, professional offices, bed and breakfast homes allowing a maximum of one week's stay, medical and dental offices, retail, sit down restaurants, art and photo studios, hair and nail salons, day spas, museums, community theater and performance arts spaces. MEMORANDUM - 7' L)-S(!s- To: Agawam Planning Board From: Deborah Dachos, Director of Planning and Community Development Subject: Historic Incentive Zoning Amendment Date: December 5, 2006 I know, not another zoning amendment. I promise this will be last for a long time. Please take a couple of moments to review this for Thursday's meeting. Also,please take a look at the 2006 Open Space and Recreation Plan. Please be prepared to return them to me on Thursday. I will give you the final version when I get all of the maps and letters of support. Thanks. i 0 9 AN ORDINANCE TO AMEND CHAPTER 180 OF THE CODE OF THE TOWN OF AGAWAM BY ADDING ARTICLE XVI, HISTORIC PRESERVATION OVERLAY DISTRICT (Initiated by the Agawam Planning Board) WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 5 to amend Chapter 180, by adding Article XVI, Historic Preservation Overlay District; and WHEREAS, the amendment proposes to encourage, permit flexibility and provide incentives for the preservation of historic buildings, structures, sites and settings, and elements of historical or architectural significance; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND THE CODE OF THE TOWN OF AGAWAM, BY ADDING ARTICLE XVI, HISTORIC PRESERVATION OVERLAY DISTRICT TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article XVI Section 180-112 Purpose. The purpose of this Article is to create an overlay district to allow for the conversion of Agawam's historic structures while preserving the character of nearby residential neighborhoods; to encourage the preservation, reuse and renovation of historic properties; to promote diversified housing opportunities and other uses such as mixed residential/commercial use, and/or a combination of such uses. Section 180-113 Overlay District. The Historic Preservation (HPOD) Overlay District shall be applied in all Zoning Districts. Within the HPOD all regulations of the underlying district(s) shall continue to be in full force and effect, except where these regulations supercede such underlying requirements or provide an alternative to such requirements. Section 180-114 Historic Eligibility: A historic structure or historic place must meet one of the following criteria: 0 9 A. Included in the Agawam Inventory of Historic Structures prepared by the Agawam Historical Commission, as amended from time to time, including buildings listed for which complete surveys may be pending; or B. Listed on or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National Register of Historic Places, or has been determined to be eligible by the Massachusetts Historical Commission for listing, either individually, or within an historic district, on the National Register of Historic Places. Section 180-115 Conditions A. Existing buildings being converted under the terms of this Article are not subject to the minimum lot area, minimum setbacks, maximum building height, or maximum number of stories requirements listed in the underlying district. Additions or alterations to the existing structures are subject to the height and setback requirements of the underlying district. B. Existing buildings on existing lots that are deficient in frontage may be converted under the terms of this section without a variance, but existing lots which meet or exceed the minimum required frontage may not be subdivided in such a manner as to leave the existing building on a lot that lacks the minimum required frontage. C. The exterior design of the structure shall be maintained to the greatest extent possible. D. The original building area is not to be increased more than ten (10) percent of its gross floor area. Additions and alterations made to comply with the requirements of the Americans with Disabilities act are not subject to this limit. Section 180-116 Special Permit. The Agawam City Council may grant a Special Permit to authorize actions upon and uses of historic structures and historic places that exceed those allowed in the underlying district, if such actions or uses comply with the requirements of this section, § 180-11, and are in the Town of Agawam's best interest to preserve and enhance historic structures and historic places. Section 180-117 Review by Other Boards. Whenever an application for such a special permit is filed with the City Council, the applicant shall also file, within five (5) working days of the filing of the completed application, copies of the application, accompanying site plan, and other documentation to the Agawam Historical Commission, the Agawam Planning Board, the Agawam Health Department, the Agawam Fire Department and the Agawam Safety Officer for their consideration, review and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. Reports from other boards and officials shall be submitted to the City Council by the date of the public hearing, but in any case within thirty-five (35) days of the receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. Section 180-117 Uses. Allowed Uses, if found to be appropriate by the Agawam City Council, shall be limited to: residential, professional offices, bed and breakfast homes allowing a maximum of one week's stay, medical and dental offices, retail, sit down restaurants, art and photo studios, hair and nail salons, day spas, museums, community theater and performance arts spaces. Town of Agawam AGAWAM HISTORICAL COMMISSION 36 Main Street Agawam,Massachusetts 01001 28 February 2007 Agawam Planning Board Town of Agawam 36 Main Street - f� L_ tf Agawam,Massachusetts 01001 Members of the Agawam Planning Board: The Agawam Historical Commission supports the Planning Board in its efforts to create a Historic Preservation Overlay District for the Town of Agawam,though we feel strongly that defining the allowed uses,as specified in Section 180-117 "Uses,"only to "residential, and bed and breakfast homes allowing a maximum of one week's stay"may limit the effectiveness of this ordinance in some future situation.There are a limited number of historic commercial and/or industrial buildings in the Town of Agawam that would benefit from this amendment as written,while there are many residential structures that could conceivably be preserved at some future date if the amendment was drafted to include commercial use,which is referenced in a manner in Section 180-112"Purpose,"but then excluded in Section 180-117 "Uses." The Agawam Historical Commission is not opposed to including in this amendment the commercial re-use of an historic structure,where appropriate,especially given that any request must be reviewed by several town boards and officials,including the historical commission,and that the Agawam Town Council will be the ultimate granting authority.This series of checks will ensure that innapropriate commercial re-use of an historic structure is not allowed. Our intent is not to allow rampant conversion of historic housing stock to commercial use,but to ensure that this amendment is written in a manner so it may be flexible enough to allow historic preservation and re-use for the variety of historic buildings located in Agawam,now,and in the future. Thank you for your consideration, David Cecchi chairman cc: Office of Planning and Community Development PU p�4 03/02/2007 10:41 4137466700 GIGSCIA & GIOSCIA PAGE 02/04 Town of awatn Law De artmf Vincent F.ckoscia,City soli, KimbWAy-L_Stevens, Asxistaztt Cityar To: Councilor R. Rossi From: Vincent Gioscia Cc: Debbie Dachos Date: February 28, 2007 Re: Historic Preservation. Ovetlay Distt'icf Issue: I ,refer to your ttnexrn&ott February-3' fbr,the questions .presented and will answer each in order. 1. What standing,..does tlre-.Ding. Board .have belt the petitioner and/or in estalnl.iaiiiog?i stvricaX structufts or di•str ctz? Tlxe.Plaurning:Board rdaq" pursuant tv M'G.L: cb. 40A§5: Zoning ordinances or by- laws may be adopted' aM-h` itr-time to time changed by arntndment, addition or repeal, but only in the tnatxner--hereinafter.pr`avided:•Adoption of ehiange of zoning ordibances or by-laws ray'be inititite fi bq th6,s' bzxii'ssiai�t16-.f it�e city council of board of selectmen of a l �hha eteo«reil c aro proposed-zon wd"le or-' c — appeals,by an individu l own►i4.1and ter be; •'ecled by ehaixge or adoption,by request of registered voters.:o:f,:a towrn:purgnnant tor.fiectibn ten of chapter thirty-.nine; by ten registered voters in a city, hji ldr�rrri g hoerd��-by a regioziW planniing'agertcy or by other methods provided by munzeipal"charter-:•• The- boiid •of 'aeleotmm -tor city council- shall within fourteen days of receipt of sudh zotfv�g'ordlnabde of by-law- submit it to the planning board for review. M-G.h.. ch. 40A, (emphasis added) The ordinance proposes the adoption of a'Tottiii'g at xendment. Isn't that the function of the Histiorical 'CamrnitteE; which is based on their investigation of the si.gi..).ificance or irnpomace that structure or district? M.G.I.. ch. 40A,, § 5 is silent az to an historical committee's ability to propose zoning amendments. However, in light of the finite list provided in the statute rimy opinion is that tine:kli•storical Committee may not propose zoning ameriftents. 2. Do you know of the existezice of any report from the Historical Committee concerning their;finding for creating this overlay district? No. See Answer to Question three below far explanation. 36 Maiti Sttect,Agawam, Mtl OlOOl "I'cI: (413) 786-0400 cxt 281 Fax: (413) 7$(-9927 03/02/2007 10:41 4137466700 GIDSCIA & GIOSCIA PAGE 03/04 Page 2 February 29, 2007 3, Is this amendment .proper, and legally before us based on question 41 above as well as MGL c-40C, Sec. 3, and others? Yes. Abler review of M.G.L. ch. 40C §3 it is my opinion that M.G.L. ch. 40C §3 does not apply. The proposed ordinance does not create a "Historic FYxstnet".as described in Section 3. Secti.on. 3 contemplates afi.nite geographic area to be designated as a historic district. The proposed amendment does not do this. Father, it creates an ability for the City Council to dmtignate certain real estate that greet the requirements set out in the proposed amendment (See proposed ordinance §180-122). This indicates an intention to Specifically not create certain geographic areas as historic districts. 4. What would be a legal dcf nition of a Ufstorie :Overlay? Are we talking about permitted uses, i.e.. Cell Tp'ycrs . etc.? 'Wmuldn.'t it be dangerous to blindly consider historical A tiftres or`districct ors permitted use regardless of zoning? Arbitrary? Who gets to m,ak-c those decisions? Tlie proposed ordi—iance is silents to-a specific definition of Historic Overlay. I would propose the followitrg:` HISTORIC PRESEPIV ki 1ldkN• GVERLAY DTSTIPTCT (NPOD) -- Specific area(s), determined by the criteria conta ised.in §180-122 to contain sites where the historic nature or-character,.of stra uzes may cui�-tv:prese�e the aract�t�The Dnly permitted u u"Cp fainS ed i the HPOD is,stated in the propmed ordinance 1 S0- 126. The conditions .for-tu6h use are statt;d.::iii'thib',proposcd offinaacc §180-123. There would be no danger'of"Arbittary" ion provided the orditnanoe is uniformly applied to all qualified real, es tate/shructw.6s. The Agawam:City Council would make the decision pursuant to the proposed!-ordinance )0-.:1;24, via'.Special Permits. 5. W-hat afrect vv.Wd this l;idwe oft.thE cotnmun ty as it pertains to other structures that are or may becohntr;histarical for. tii,i�purposes of building residential units? If other structures are listed in. this Aga*anl Irrveatory of Historic Structures or the other listings stated in proposed ordinance §180-122(A),& (E) them they would be eligible for applying for Special Permits under the proposed amez)dmenrt. Other structures not listed would remain unaffected as the listed structures may not change the exterior design pursuant to proposed ordinance §180-123 (C). ,Are other historical structures in town limited in,their use to residential? Yes. if a historic structure is located in a current zone for residential use only then it will remain such. The proposed ordinance does not allow for the creation of other uses as stated in proposed ordin..ance §ISO-126. If historic structures are rezoned their it becomes 36 Main,Street, Agawarn,MA 01001 Tel: (413) 786-04,00 ext. 2$I Fax: (413) 786-9927 Agawam Law Departmeat 03102l2007 10:41 4137466700 GIDSCIA & GIDSCIA PAGE 04/04 Page 3 February 28,2007 .nonconforming etc. ,it may however, become subject to the HPOD upon granting of a Special permit as required in the proposed amendment. If not,how do we differentiate? What controls would we have on other conversions? The uses of a bistoric property do not change unless the special permit is granted by the City Council pursuant to the proposed ordinance. There is no need to "differentiate." Conversions to uses are limited by the proposed ordinance. (See proposed ordinance §180-126_) 6. if this Amendment were to be adopted;would that mean that any stricture in the city of Agawam that were ott labeled historical could e, as a right of passage, be converted to residential units:r-68ardl ss,ol:..the zvaing the strtircture occupies? Reference Section 180—:1"15 COditip's : . There would be no,righ66 change utae upon passage of the proposed ordinance. The only way the HPOD trey be applied is via a Special Permmit.granted -hy-tire City Council in accordance wide.th��prgposo.d,.orduratic_ The historte nature of a structure As defuied in the proposed ordinance §1$ -122 ozrly creates eligibility to apply for a Special permit_ The HPOD does not.,csed6 -any autotuatic action or change to the current zoning ordinances in Agawdrh.': `:.I frit`t,e 3� d;riv. :ference.to "5dctioxt 1.80-115 Conditions„ and therefore., cAnnot Oft lent tipon-tlie.contdnts. I assume that you are .referring to Section 1$D-122 rf the Pro orclirnce: 7. Once a .b!-stbrical structurelor district is established for the purposes of this amendment.:,�Wbkt Yrtrppens.v it's Historical standing once it's-converted to a more modeM use such'as co-ndomixiiuins (Old.Mill Prgiee't) as an example? Does is continue' to be listed on tlad, astorical:Registm? Does it keep it's historical significance or ampnztatrce io.'t$e,cQrnxtt Witty? Is.it entitled to tax nrentives and other benefits that,historical glades Are-entitled? Or does it just become another building of confortniog we.iri a rune that doea not sod should not have allowed it. The amendment does not create historic districts. Once a structure .receives a Special Permit undez the HPOD the iiature of its historical standing does not change. The HPOD is in place to preserve structures that may otherwise deteriorate as a result of disuse etc. The limitation to the use stated in.the proposed ordinance §180-126 allows the change to residential use so as to allow a use without a change in the exterior design of the structure. Nothing in the ordinance would require or allow for removal for the historical registries. The issue as to whether or not "it keeps it's historical significance or importance to the community" is not a subject to he address by the Law Department. 1 have not examined the possible tax incentives and other benefits that historical places may be entitled to, however, there is nothing in the proposed amendment which would appear to change the possible benefits. 36 Main Strect,Agawam,MA 01041, Tel: (413) 786-0400 ext_ 281 Fax. (41 i) 786-9927 Agawam Law DepaAment AN ORDINANCE TO AMEND CHAPTER 180 OF THE CODE OF THE TOWN OF AGAWAM BY ADDING ARTICLE XVI, HISTORIC PRESERVATION OVERLAY DISTRICT (Initiated by the Agawam Planning Board) WHEREAS, the Agawam Planning Board has initiated a zoning amendment in accordance with Massachusetts General Laws Chapter 40A § 8 to amend Chapter 180, by adding Article XVI, Historic Preservation Overlay District; and WHEREAS, the amendment proposes to encourage, permit flexibility and provide incentives for the preservation of historic buildings, structures, sites and settings, and elements of historical or architectural significance; and WHEREAS, the proposed ordinance amendment further promotes and protects the health, safety and welfare of the residents of Agawam and is in the best interests of the City of Agawam; NOW, THEREFORE BE IT ORDAINED AND ENACTED BY THE AGAWAM CITY COUNCIL, TO AMEND THE CODE OF THE TOWN OF . AGAWAM, BY ADDING ARTICLE XVI, HISTORIC PRESERVATION OVERLAY DISTRICT TO READ AS FOLLOWS AND TO BE EFFECTIVE UPON ADOPTION: Article XVI Section 180-112 Purpose. The purpose of this Article is to create an overlay district to allow for the conversion of Agawam's historic structures while preserving the character of nearby residential neighborhoods; to encourage the preservation, reuse and renovation of historic properties; to promote diversified housing opportunities, , Section 180-113 Overlay District. The Historic Preservation (HPOD) Overlay District shall be applied in all Zoning Districts. Within the HPOD all regulations of the underlying district(s) shall continue to be in full force and effect, except where these regulations supercede such underlying requirements or provide an alternative to such requirements. Section 180-114 Historic Eligibility: A historic structure or historic place must meet one of the following criteria: A. Included in the Agawam Inventory of Historic Structures prepared by the Agawam Historical Commission, as amended from time to time, including buildings listed for which complete surveys may be pending; or B. Listed on or is within an area listed on the National Register of Historic Places or is subject of a pending application for listing on the National Register of Historic Places, or has been determined to be eligible by the Massachusetts Historical Commission for listing, either individually, or within an historic district, on the National Register of Historic Places. Section 180-115 Conditions A. Existing buildings being converted under the terms of this Article are not subject to the minimum lot area, minimum setbacks, maximum building height, or maximum number of stories requirements listed in the underlying district. Additions or alterations to the existing structures are subject to the height and setback requirements of the underlying district. B. Existing buildings on existing lots that are deficient in frontage may be converted under the terms of this section without a variance, but existing lots which meet or exceed the minimum required frontage may not be subdivided in such a manner as to leave the existing building on a lot that lacks the minimum required frontage. C. The exterior design of the structure shall be maintained to the greatest extent possible. D. The original building area is not to be increased more than ten (10) percent of its gross floor area. Additions and alterations made to comply with the requirements of the Americans with Disabilities act are not subject to this limit. Section 180-116 Special Permit. The Agawam City Council may grant a Special Permit to authorize actions upon and uses of historic structures and historic places that exceed those allowed in the underlying district, if such actions or uses comply with the requirements of this section, § 180-11, and are in the Town of Agawam's best interest to preserve and enhance historic structures and historic places. Section 180-117 Review by Other Boards. Whenever an application for such a special permit is filed with the City Council, the applicant shall also file, within five (5) working days of the filing of the completed application, copies of the application, accompanying site plan, and other documentation to the Agawam Historical Commission, the Agawam Planning Board, the Agawam Health Department, the Agawam Fire Department and the Agawam Safety Officer for 1 • their consideration, review and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. Reports from other boards and officials shall be submitted to the City Council by the date of the public hearing, but in any case within thirty-five (35) days of the receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. Section 180-117 Uses. Allowed Uses, if found to be appropriate by the Agawam City Council, shall be limited to: residential, and bed and breakfast homes allowing a maximum of one week's stay. Page 1 of 6 Debbie ❑achos (Agawam Planning Dept.) From: Doug McLean [dougmelean3a3@yahoo.com] Sent: Thursday, August 10, 2006 9:44 AM To: Debbie Dachos (Agawam Planning Dept.) Subject: RE: [Massplanners] Mill Reuse Bylaws Hi Deborah, Here are the responses I received regarding Mill Reuse, sorry if its difficult to discern one message to the next. I would be very interested to hear about your efforts in drafting a historic structure bylaw since it is related to my research. If convenient, can you describe the issues you are contending with concerning historic structures, and how you plan to address it with the bylaw. Thanks- Doug Responses: Let me start by echoing Jeff Lacy's comment about the uniformity requirement. Talking to Bob Ritchie on this one would be a good start. I think many times Town Consel is too concerned about the uniformity provision. The regulation in 40A says that a zoning bylaw "shall be uniform within the district for each class or kind of structures or uses permitted". I don't think it is unreasonable to argue that an old mill built before 1950, or an old church that has been a religous site for 50 years is a different 'kind' of structure than a new apartment building. Therefore, while you may need to treat each old 1880's mill building with similar provisions, it does not say that you have to have the same setback, lot area,height and use requirements for such a building as you also have for the development of a new apartment building. While there may be something in particular about one city or town's individual strategy for doing a conversion ordinance that may violate 40A, I do know that such bylaws has been successfully implemented elsewhere so they must be possible. Lowell's zoning ordinance is here: http://www.l o_weIlma.,gavidepts/dpd/perrnittin Section 8.1 specifically allows for the conversion of certain'kinds' of structures into residential uses, subject to a Planning Board special permit, and usually site plan review as well. The regulation waives the strict requirements of the dimensional table through this special permit for these particular structures. This has allowed us to convert buildings in our residential and commercial neighborhoods that are no longer appropriate for industrial use. We also do many mill conversions downtown, under the 'Artist Overlay District' regulation of the Zoning Ordinance,but that regulation relates to our urban center where we have mostly structured 1/29/2007 Page 2 of 6 parking and first-floor retail buildings throughout the area. - George ---------------------------------- George J. Proakis, AICP Chief Planner City of Lowell, Massachusetts 50 Arcand Drive Lowell, MA 01852 Phone: (978) 446-7245 E-mail: gproakis clowellma. ,o_v Web: httpa/www.lowe lma.gov/ Fitchburg adopted a Mill Conversion Overlay District that allows for mixed uses in our old mill buildings. It's section 181.83 at http-://www,ci.fit_ph_ burg.ma.us/zonin d.pdf._We identified all the mill buildings that the Assessor's had coded as a 400 (mill building) and listed the parcel IDs in the ordinance as the eligible properties. dstreb a,ci.fitchbum.ma`us Stow would be very interested in such a bylaw. We are currently working on a mixed-use overlay district bylaw...the main focus being redevelopment of at mill. Karen Kelleher Planning Coordinator Town of Stow 380 Great Road Stow, MA 01775 978-897-5098 978-897-2321 Fax www.stow-ma.gov Easthampton gets a lot of credit for innovation on its zoning,but it's more in its implementation than in the written word. I will piece together all the information for the Mixed Use Mill Industrial District and send along. I think flexibility is the key. If your goal is to fill vacant space, than the zoning should allow whatever uses are compatible with as little public paperwork as possible. Stuart Beckley, Planner 1/29/2007 Page 3 of 6 Doug: The Town of Northbridge has an adaptive mill reuse by-law. We adopted such provision in cooperation with the owners of an existing underutilized mill complex. The Alternatives redevelopment project which is currently underway involves the rehabilitation and conversion of five (5) mill buildings built between 1826 & 1926. This mixed-use facility will support artisan workshops, retail/office space, a public plaza, historical museum, restaurant, conference hall and theater, and three (3) residential units. will renovate the buildings using the standards set forth by the U.S. Green Building Council. Called the Leadership in Energy and Environmental Design (LEED). -Gary R. Gary Bechtholdt II, Town Planner Northbridge Community Planning& Development 7 Main Street Whitinsville, MA 01599 (508) 234-2447 (508) 234-0814 (fax) Chicopee has a Mill conversion overlay district ordinance.We are anticipating our first special permit application in the next few months so I cannot attest to its success or lack thereof. I borrowed, cut, pasted and tweaked to put it together. It's available on line at chicopee.ma.us/ links/Chicopee City Code in Chapter 275. Good luck with your project, Kate Kate Brown, Planning Director Department of Planning& Development 274 Front Street, 4th Floor Annex Chicopee, MA 01013 kbrownCchicopccm4.goy Ph 413-594-1516 Fax 413 594-1514 Doug, The Town of Westford has such a bylaw htt ://www.westford-ma.go—Kr ralinfo/documerit_s/documen_t_s htm 1/29/2007 Page 4 of 6 Found under our Zoning Bylaws, Section 8.5 Mill Conversion Overlay District. The Town has approved two proposals (1 built) under the bylaw. Ross Altobelli Planner Planning Department Town of Westford, MA PH: (978) 692-5524 FX: (978) 399-2558 Fitchburg has had a Mill Revitalization Overlay District since 2000. Several dozen properties fall within it. Reuse to virtually any use or mixed use is possible by Special Permit-(Ping Bd.) It's been fairly successful -- used about 4 times for projects which are underway. We encourage people looking at vacantlunderused mills here (& there's lots of them ) to use it See:Section 181.83 in the zoning ordinance -- http:l/wwvy c ,fitchburg.rna.us/zanngord.pdf Can get you more specifics if need. Mike O'Hara Office of the Planning Coordinator 978-345-1018 mohara@ci..fitchburg.ma.us I did a little bit of research on mill conversion bylaws in MA while analyzing land use regulations in 187 municipalities within 50 miles of Boston. Here is my summary about regulation of conversions in general: Eighty-four municipalities explicitly allow and regulate conversion of dwellings or nonresidential buildings into multi-family housing. Other municipalities, without explicitly addressing conversion in the regulations, may permit conversion to uses and intensities allowed in the given district. For example, Ipswich has a municipal building reuse committee and has recently completed conversion of a building to dwelling units, although its bylaw contains no reference to conversion or reuse. Municipalities more often list conversion of existing dwellings into multi-family than they list conversion of non-residential buildings. Most often, these regulations limit reconfiguration of a dwelling to contain no more than three units, although some allow more units. Many of the regulations specify that to be permitted for conversion, the dwelling must have existed for a period of time or by a certain date. For conversion of non-residential buildings, the regulations usually either generically allow "conversion of non-residential structures" or specify that 1/29/2007 Page 5 of 6 conversion is allowed for specific structure-types such as mills or municipal buildings. Examples of the more generic requirements include Waltham ("rehabilitation of existing structures"), Stoughton ("conversion of nonresidential structures to residential,") and Lowell ("conversion of larger buildings"). The following municipalities allow reuse of municipal or public buildings: * Attleboro (Reuse of Public Buildings) * Beverly(Residential Reuse of Existing Public Buildings) * Blackstone(Conversion of a Municipal Building) * Foxborough (Chestnut-Payson Overlay District includes reuse of Foxborough State Hospital property) * Lexington (Conversion of a municipal building to residential use) * Mansfield (Older Building Reuse-includes public school building or other municipal building) * Peabody (Municipal Properties Reuse Development District) * Reading (Municipal Building Reuse District) * Sharon (Municipal Building Conversion) * Wilmington (Municipal Building Reuse) The following specifically allow mill conversion: * Clinton (Mill Conversion/Planned Development) * Dracut (Mill Conversion Overlay District) * Millbury(Adaptive Reuse Overlay District-"adaptive reuse of abandoned . . . mill buildings.") * Northbridge (Historic Mill Adaptive Reuse Overlay District) * Westford (Mill Conversion Overlay District) *** I copied and pasted the conversion bylaws for the 84 communities into an on-line database. The information can be found at: htt ::/�w.pioneerinsti_tute.or munici alregs/Selectcategoory.asp "Debbie Dachos (Agawam Planning Dept.)"<planning@agawam.ma.us>wrote: Hi Doug, Could you e-mail the responses you received? We are trying to draft something a little broader to cover large historic structures. Thanks for your help. 1/29/2007 Page 6 of 6 Deborah S. Dachas, Director Office of Planning and Community Development Agawam, MA 01001 413-786-0400, extension 283 -----Original Message----- From: massplanners-bounces@cs.umb.edu [mailto:massplanners-bounces@cs.umb.edu] On Behalf Of Doug McLean Sent: Tuesday, August 01, 2006 12:42 PM To: massplanners@cs.umb.edu Subject: [Massplanners] Mill Reuse Bylaws Fellow Planners, I am a UMass grad student doing research for the EOEA regarding Mill Reuse Bylaws. Can anyone provide helpful info on the following: 1)Which Mass municipalities have bylaws specifically related to Mill Reuse? 2) How successful has it been in each case? 3) Ideas/advice for drafting an ideal Mill Reuse bylaw. 4) Contacts/resources pertinent to the subject. Thanks all, Doug McLean Masters of Regional Planning Candidate Department of Landscape Architecture and Regional Planning University of Massachusetts, Amherst dougmclean303@yahoo.com (413) 341-3193 Do You Yahoo!? Tired of spam?Yahoo! Mail has the best spam protection around http://mail.yahoo.com MassPlanners mailing list MassPlanners@cs.umb.edu http://mailman.cs.umb.edu/mailman/listinfo/Massplanners Do You Yahoo!? Tired of spam?Yahoo! Mail has the best Spam protection around http://mail.yahoo.com 1/29/2007 General Code E-Code: City of Chicopee, MA Page l .of 65 Chapter 275: ZONING [HISTORY: Adopted by the Board of Aldermen of the City of Chicopee 8-1-1978.Amendments noted where applicable.] GENERAL REFERENCES Development and Industry Commissions— See Ch. 16,Art.III. Historic District Commission— See Ch. 16,Art.XVI. Church Street Historic District Commission— See Ch"16,Art"XVII. Planning Department— See Ch. 75, Building construction— See Ch.122. Mobile home parks— See Ch. 195. Streets and sidewalks— See Ch.243. ARTICLE I General Provisions §275-1. Purpose. The purpose of this chapter is to lessen congestion in the streets; to conserve health; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to prevent overcrowding of the land; to avoid an undue concentration of population; to meet the housing needs of the people of Chicopee; to facilitate the adequate provision of transportation, water supply, drainage, sewerage, schools, parks, open space and other public requirements; to preserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment;to encourage the most appropriate uses in land throughout the city, including consideration of the recommendations of the Master Plan, if any, adopted by the Planning Board and the Comprehensive Plan, if any, of the Regional Planning Agency; to preserve and to increase amenities by the promulgation of regulations to obtain said abjectives;and to protect the public against the hazards of flooding and the detrimental use and development of flood-prone areas. §275-2. Establishment of districts. [Amended 4-18-1989; 7-6-1989; 5-20-2003 by Ord. No. 03-17; 5-20-2003 by Ord. No. 03-19] A. For the purposes of this chapter, the City of Chicopee is divided into 16 classes of districts: [Amended 8-3- 2004 by Ord. No. 04-741 Residence A District Residence B District Residence C District Residence D District Commercial A District Commercial A-1 District Business A District Business B District Business C District Central Business District Industrial District Garden Industrial Planned Unit Development District(IPUD) Garden Industrial Planned Unit Development(IPUD), Type II Floodpiain Overlay District Mixed Use(MXD) District Mill Conversion and Commercial Center Overlay District http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 2 of 65 B. The boundaries of each of these districts are established as shown on the Building Zone Map entitled "Building Zone Map of the City of Chicopee, Massachusetts,"which accompanies this chapter and is declared to be a part thereof. Editor's Note:The current Building Zone Map is on file in the office of the City Clerk fnr inspection by the public. § 275-3. Applicability of other laws. Nothing herein contained shall be deemed to nullify any provisions of the Building Code of the Commonwealth of Massachusetts insofar as those provisions deal exclusively with those powers not regulating zoning granted by the provisions of MGL C. 40A and 41, as amended. §275-4. Terms defined; word usage. A. The terms herein defined shall be used to interpret all the applicable provisions of the Zoning Ordinance. B. Tense, gender and number. Words used in the present tense include the future;words used in the masculine gender include the feminine and neuter; and the singular number includes the plural and the singular. C. Terms not defined. Where terms are not defined, they shall have their ordinarily accepted meanings or such as the context may imply. D. General definitions. Unless otherwise expressly stated, the following terms shall,for the purpose of the Zoning Ordinance have the meaning indicated in this section: ABUT—To touch or be contingent. ACCESSORY USES AND STRUCTURES—Customarily incidental to any principal use permitted in the zoning district in which it is located. In no case shall an accessory use dominate in area, extent or purpose the principal lawful use or building, and except for signs, it shall not be located between the principal building and the street line. Real estate signs not over 12 square feet in area and announcement or professional signs not over two square feet shall not be considered "accessory uses."[Amended 6-21-2005 by Ord. No. 05-151] ADDITION—An extension or increase in floor area or height of a building or structure. ADULT BOOKSTORE —An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, video and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL C. 272, § 31, and which excludes minors by virtue of age. [Added 2-2-1993 by Ord. No. 93-2] ADULT CLUB—An establishment which as a form of entertainment allows a person or persons to perform in a state of nudity as defined in MGL C. 272, §31, and/or allows a person or persons to work in a state of nudity as defined in MGL C. 272, § 31, and which excludes minors as a virtue of age. [Added 7-5-1994 by Ord. No. 94-35] ADULT ENTERTAINMENT—Any exhibition, film or video, live performance, display(including amusement machines)or dance of any type which has a significant or substantial portion of such performance, actual or simulated, relating to sexual conduct or sexual excitement as defined in MGL C. 272, § 31, and which excludes minors as a virtue of age or which includes the exhibition and viewing of persons or depictions thereof in a state of nudity as defined in MGL C. 272, § 31. [Added 7-5-1994 by Ord. No. 94-35] ADULT ENTERTAINMENT ESTABLISHMENT—An establishment to which the public, patrons or members are invited or admitted and which is physically arranged to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purposes of viewing adult-oriented material or wherein an entertainer provides adult entertainment to a member of the public, patron or member, when such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect. [Added 7-5-1994 by Ord. No. 94-35] ADULT THEATER—An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL C. 272, § 31, and which excludes minors by virtue of age. [Added 2-2-1993 by Ord. No. 93-2] APPLICANT—The person or persons, including a corporation or other legal entity, who applles for issuance of a special permit hereunder. The applicant must own, or be the beneficial owner of, all the land included in the proposed site or have authority from the owner(s)to act for himlher/itlthem or hold an option or contract duly executed by the owner(s)and the applicant giving the latter the right to acquire the land to http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214 A... 1/29/2007 General Code E-Cade: City of Chicopee, MA Page 3 of 65 be included in the site. [Added B-3-2004 by Ord. No. 04-741 AREA, BUILDING—The maximum horizontally projected area of the building at or above grade, exclusive of court and vent shafts. AREA, FLOOR—The usable area of each story of a building or portion thereof within surrounding exterior walls. ATTIC—The space between the ceiling beams of the top habitable story and the roof rafters. AUTOMOBILE PARKING—An area used for parking in cases where such a use is not accessory to a permitted or special permit use in the zoning district in which it is located. AUTOMOTIVE SERVICE STATION—Premises used primarily for supply gasoline, oil, tires and related products for motor vehicles. Maintenance and general repairs to automobiles, motorcycles and small trucks are permitted as a subordinate activity. AUTOMOTIVE TRADE—The retail sale of new and used cars, trucks, motorcycles and other motor vehicles. AUTO SALVAGE YARD—Storage area for unusable vehicles where parts are removed and stored, scrap metal is collected and materials are resold. AUTO TOWING AND STORAGE SERVICES—Site used to store vehicles which have been towed from accidents, abandonment or for reasons other than automotive and truck repair services normally contracted for by individuals. BASE FLOOD—The one-hundred-year flood, otherwise designated as the flood which has a one-percent possibility of being equaled or exceeded in any given year; as delineated as Floodplain Zones A and Al-30 on the Flood Boundary and Floodway Map and the Flood Insurance Rate Map. BASE FLOOD ELEVATION --The elevation reached by the one-hundred-year flood. BILLBOARD—A sign which advertises an activity or business other than one conducted on the property. BUILDING COMMISSIONER—The Building Commissioner of the City of Chicopee, also referred to as the "Building Inspector,"charged with the duty of enforcing the Building Code and zoning ordinances of Chicopee. BUILDING LINE—The line established by law beyond which a building shall not extend, except as specifically provided by law. BUSINESS BUILDING—A building in which 100% of the street level area is used for permitted uses under Business A Zoning Districts. [Added 3-19-1991 by Ord. No. 91-18] BUSINESS SERVICES—Services used in the conducting of business and commerce, including but not limited to consumer and mercantile credit reporting; news services; research, development and testing; business management and consulting; equipment rental; photo finishing; and automotive rental and distribution services. CERTIFICATE OF USE AND OCCUPANCY—The certificate issued by the building official which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts,together with any special stipulations or conditions of the building permit. CHARITABLE INSTITUTIONS—Nonprofit activities, such as a museum or a service organization. CLUSTER DEVELOPMENT—A residential development in which the buildings and accessory uses are clustered into one or more groups separated from adjacent property and other groups within the development by intervening open land. COMMERCIAL_ BUILDING—A building in which 20%to 100%of the street level area is used for permitted uses under Commercial A and/or Commercial A-1 Zoning Districts. [Added 3-19-1991 by Ord. No.91-181 COMMERCIAL RECREATION--Outdoor recreational facilities, including but not limited to golf driving ranges, outdoor movie theatres, amusement parks and go-cart tracks. COMMUNICATIONS—Exchanges and stations used for the transmittal and relay of electronic communication messages, including but not limited to facilities for telephone, telegraph, radio, television and cable television. CONTRACT CONSTRUCTION SERVICES— Facilities used by firms engaged in construction activities, http://www.e-codes.generalcode.com/searchresults.asp?crud=getdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 4 of 65 including but not limited to plumbing, heating, air conditioning, painting, electrical, masonry, stonework, tiie setting and plastering, carpentering and wood flooring, roofing and sheet metal, concrete and well drilling. CORNER LOT—One with two adjacent sides abutting upon streets or other public ways. CURB LEVEL—The elevation of the street curb as established in accordance with law. DAY-CARE CENTER—Any facility operated on a regular basis, whether known as a "day nursery," "nursery school," "kindergarten," "child play school"or known under any other name, which receives seven or more children(not of common parentage)during the course of any one day, if such children have special needs for nonresidential custody and care during part or all of the day separate from their parents. Day-care centers"shall not include any part of a public school system; any part of a private, organized educational system unless the services of such system are primarily limited to kindergarten, nursery or related preschool services; or a Sunday school conducted by a religious institution. DEVELOPMENT—Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. DISPLAY SURFACE—The surface which is made available by the structure either for the direct mounting of letters and decoration or for the mounting of the facing material that is intended to carry the entire advertising message. DRIVE-IN RESTAURANT—Any eating establishment where persons are either served or eat in their cars, not exclusive of their ability to do otherwise, DWELLINGS (1) ONE-FAMILY DWELLING-- A building containing one dwelling unit with not more than three lodgers or boarders. (2) TWO-FAMILY DWELLING— A building containing two dwelling units with not more than three lodgers or boarders within the structure. (3) MULTIFAMILY APARTMENT HOUSE— Any building or portion thereof used as a multiple dwelling for the purpose of providing three or more separate dwelling units. (4) DORMITORY— A space in a unit where group sleeping accommodations are provided, with or without meals, for persons not members of the same family group, in one room or in a series of closely associated rooms, under joint occupancy and single management, as in college dormitories. DWELLING UNIT—One or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit with cooking, living sanitary and sleeping facilities. EATING AND DRINKING PLACES—A building used for the serving of food and/or drink for consumption on the premises, but excluding drive-in restaurants as defined in this section. EDUCATIONAL SERVICES—Privately owned and operated facilities for instruction and education, including but not limited to nursery schools, colleges and professional schools, vocational and business schools and art, dancing and driving schools. It does not include day-care centers. ELEVATION—Above mean sea level, to be obtained by interpolation between contours on the United States Geological Survey topographic map or by field measurements. ENTERTAINMENT ASSEMBLY—Theaters and other indoor places of assembly used for entertainment and recreational activities. FINANCE, INSURANCE and REAL ESTATE—Services associated with financial and investment needs, including but not limited to banking services, security and commodity brokers, insurance services and real estate. FLOOD BOUNDARY AND FLOODWAY MAP—As prepared for the Federal Insurance Administration and adopted by the city. FLOOD HAZARD DISTRICT—Areas subject to the base flood as defined in this section. FLOOD INSURANCE RATE MAP—As prepared for the Federal Insurance Administration and adopted by the city. FLOODPROOFED—Watertight with walls substantially impermeable to the passage of water with structural components having the capability to withstand hydrostatic and hydrodynamic loads and effect of buoyancy. http://www.e-codes.generalcode.com/searchres-alts.asp?emd=getdoeTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 5 of 65 FLOODWAY—The channel of a watercourse plus any portion of the adjacent bank designated to be kept free of encroachment so that the discharge of the base flood may be carried without increase in flood elevation, as designated on the Flood Boundary and Floodway Map. FLOOR AREA, GROSS—The floor area within the perimeter of the outside walls of the building with no deduction for hallways, stairs, closets, thickness of walls, columns or other features. FLOOR AREA, NET—The actual occupied area, not including accessory unoccupied areas or thickness of walls. FLOOR AREA RATIO (FAR)—The ratio of the gross floor area to the area of the lot, i.e., a maximum, "FAR"of three to one(3:1)would allow 3,000 square feet of floor area on a one-thousand-square-foot lot, such as in a four-story building with each floor having 750 square feet. FRONT YARD—A required open and unoccupied space within and extending the full width of the lot, parallel to the street lot line, between the street line and the part of the building nearest to such street line, exclusive of steps. GOLF COURSE—A recreational area for playing golf, including a clubhouse as an accessory use to the "golf course." GOVERNMENTAL SERVICES—Structures, services, utilities, parks, playgrounds and offices commonly associated with the operation of government. GRADE—A reference plane representing the average of finished ground level adjoining the building at all exterior walls extending to the lot lines. GROUP CARE FACILITY[Repealed 7-3-19841 GUEST—A person who rents out a room or rooms in a hotel or motel. HEIGHT, BUILDING—The vertical distance from the grade to the highest point of the roof, excluding the parapet wall. HEIGHT, COURT—The vertical distance from the lowest level of the court to the average height of the top of the enclosing walls. HEIGHT STORY—The vertical distance from top to top of two successive tiers of beams or finished floor surfaces and,for the topmost story, from the top of ceiling to the top of the roof rafters. HEIGHT, WALL—The vertical distance from the foundation wall or other immediate support of such wall to the top of the wall. HOME OCCUPATION—Any use customarily conducted entirely within the dwelling and carried on by the inhabitant thereof,which is clearly incidental and secondary to the use of the dwelling purposes and does not change the character thereof, and provided that no article is sold or offered for sale except such as may be produced on the premises by members of the immediate family. Home occupations do not include telephone and office use where the principal business is not conducted on the property.At no time shall there be any exterior indication of the home occupation other than an identification sign, and there shall be no outdoor manifestations, such as traffic generation, noise, fumes or noxious odors which are different or greater than those usually experienced in the residential neighborhood. [Added 3-16-1999 by Ord. No. 99- 1] HOSPITAL—An institution licensed by the state devoted to inpatient care, where medical andlor surgical care is dispensed on a twenty-four-hour basis. [Added 12-1-1987] HOTEL or MOTEL—Any building or group of buildings which provides sleeping accommodations for transient motorists and which is not licensed as a lodging house. [Amended 8-4-19871 INDUSTRY— Uses involving the processing, assembly and fabrication of materials. INTERIOR LOT LINE—Any lot line other than one adjoining a street or way. LODGER or BOARDER—Any person who rents out a room or rooms in a lodging house. [Amended 8-4- 19871 LODGING HOUSE—A house where lodgings are let to four or more persons not within the second degree of kinship to the person conducting it, where the lodging units are not separate dwelling units. [Amended 8- 4-1987] LOT—A portion or parcel of land considered as a unit. Lots shall have boundaries identical with those on record in the Hampden County Registry of Deeds. Two or more contiguous lots in common ownership may http://www.e-codes.gencralcode.com/searchresults.asp?cmd=getdocTofC&index=1214 A... 1/29/2007 General Code E-Cade: City of Chicopee, MA Page 6 of 65 be treated as one lot for the purposes of this chapter, provided that the combined lots are used as a single lot would customarily be used and are not later separated. LOT AREA—The area of the plan defined by the lot lines. LOT COVERAGE—That percent of the lot covered by the principal and accessory structure. Coverage shall include the ground area enclosed by walls, together with the area of all covered porches and other roofed portions, including areas covered by building overhangs. LOT DEPTH—Where a minimum lot depth is prescribed, lot depth shall be measured determining the mean horizontal distance between a front and rear lot line. [Amended 7-7-1987] LOT FRONTAGE—The distance along the street lot line from one side lot line to the other. In the case of a cul-de-sac or curve where the turning radius along the street line is 75 feet or less, lot frontage may be measured along the setback line. LOT LINE—A line dividing one lot from another or from a street or any public place. A lot line must be described on a deed or legal instrument. LOT WIDTH—This distance measured along the setback line between the side lot lines. If the side lot line does not extend to the front setback line, the measurement will be taken at the point of intersection with another line. 0� MEMBERSHIP CLUBS—Organizations basically social in nature, including but not limited to business associations; professional membership organizations; labor unions; and religious, civic, social and fraternal associations. MEMBRANE COVERED STRUCTURES—Any temporary or permanent structure consisting of a frame covered with fabric, plastic or other flexible material. [Added 2-20-2001 by Ord. No. 01-061 MINIMUM DISTANCE—"Minimum distance" or average distance from a building to a lot line or street shall be measured at right angles to such line. MOBILE HOME—A dwelling unit built on a chassis and containing complete electrical, plumbing and sanitary facilities and designed to be installed on a temporary or permanent foundation for living quarters. MOBILE HOME PARK=Any lot or tract of land upon which three or more mobile homes occupied for dwelling purposes are located. MOTOR FREIGHT TRANSPORTATION— Motor freight terminals;garaging and outside parking and storage of vehicles and as an accessory use for motor vehicle repairs. .MOTOR VEHICLE REPAIR—Premises primarily used for the repair of motor vehicles, including but not limited to auto body, muffler and exhaust system and transmission repair. It includes automobile towing service. MUNICIPAL FACILITIES— Facilities utilized in the provision of services normally provided by municipalities, such as schools, parks; playgrounds, municipal office buildings, maintenance buildings and city-run utilities. NONCONFORMING USE —The use of any premises, building or structure which does not conform to the requirements for the district in which it is located and which was (awfully existing at the effective date of this chapter or any amendments. NURSING HOME—Any facility containing beds for two or more patients, established to render domiciliary and/or health care for elderly persons and which is properly licensed by the state. OVERLAY DISTRICT REVIEW COMMITTEE—A committee established by the Board of Aldermen to assist in the technical review of overlay district zoning and overlay district project proposals. [Added 8-3- 2004 by Ord. No. 04-741 OVERLYING DISTRICT—The zoning district which overlies another zoning district. In such areas, restrictions pertaining to both districts apply. PERSONAL SERVICES—Consumer-oriented services, including but not limited to laundering and dry cleaning; photographic services; beauty and barber; apparel repair, alteration and cleaning; and shoe repair. PORCH---An accessory to a building projecting from the front, side or rear of the same. The"porch"shall http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 7 of 65 be separated from the building by a wall and shall not have a permanent foundation. PROFESSIONAL SERVICES—Services performed by professional persons for business and personal use, including but not limited to medical and health; planning, engineering and architectural; accounting, auditing and bookkeeping;and educational and scientific. PROJECT—Mill conversion project,The conversion of an existing mill, or portion thereof, to multifamily dwellings and/or some combination of appropriate nonresidential uses. [Added 8-3-2004 by Ord. No. 04- 74] REAR LOT LINE—The lot line opposite to the street line, except in case of a corner lot, the"rear lot line" may be elected by the owner, provided that it be indicated in the plan as filed with the Building Commissioner. REAR YARD—A required open unoccupied space, the full width of the lot, between the rear wall of the building throughout its height and the rear lot line. In the case of a triangular lot with only one side fronting on a street, the rear lot shall be the open unoccupied space between the rear wall of the building and a line halfway between the point of intersection of the side lines of the lot. REPAIR SERVICES— Repair of household items, except motor vehicles, including but not limited to lawn mowers; electrical appliances; radio and television; watch, clock and jewelry; reupholstery and furniture. RETAIL TRADE—The sale of goods to consumers, including but not limited to the sale of building materials, general merchandise, food, automotive supplies, marine crafts, apparel, furniture, home furnishings, pharmaceuticals, liquor, stationery and books, sporting goods, farm and garden supplies and jewelry. SALVAGE YARD or JUNKYARD—Any land or premises, with or without buildings, used for the deposit, collection or storage of 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 or storage on any lot of three or more wrecked or inoperative vehicles or parts thereof for one month or more shall be deemed to be a "salvage yard." Garaged vehicles shall be exempt from this provision. SETBACK—The minimum distance from the street lot line to a building placed thereon, excluding exterior steps. SETBACK LINE—A line which denotes the location of the minimum setback. SIDE YARD—A required open unoccupied space within a lot between a side lot line, not a street line, and the parts of a building nearest to such side lot line. Such a"side yard" must extend through its required width from the street line to the rear yard or its equivalent or to another street. SIGN—Any permanent or temporary structure, device, letter, work, 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 inform as to the activity or occupation taking place on a particular premises. A"sign" may be considered accessory to a particular use when it advertises or indicates the person occupying the premises on which the"sign" is erected or advertises the property itself or any part thereof as for sale or rent and which contains no other matter. SMALL-SCALE PRODUCTION FACILITIES-- Uses involving the processing, assembling and fabrication of materials on a limited basis in terms of size and number of employees. Such uses are to be developed in a manner which will improve the general neighborhood in which they are located. Outdoor storage is prohibited_ [Added 3-6-1984] SMOKEHOUSE—A building where meat or fish is cured by means of dense smoke. [Added 11-20-1984; amended 6-21-2005 by Ord. No. 05-1531 SPECIAL PERMIT—A permit issued by a City board specifically authorized in the Zoning Ordinance for the establishment of a use not permitted as a matter of right in the district in which it is to be located. SPECIAL PERMIT GRANTING AUTHORITY—A board authorized by this chapter to grant special permits. SPORTS ASSEMBLY--Stadiums, arenas, racetracks and other facilities used for the viewing of sporting events. STATE BUILDING CODE—The Massachusetts State Building Code established by MGL C. 30A, as amended. STORY—That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above. http://www.e-codes.generalcode.com/searchresults.asp?cmd=gctdocTo fC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 8 of 65 STORY, FIRST—A story in which the finished floor is nearest to and the ceiling of which is six feet or more above the average grade of the sidewalk or ground adjoining. STREET—A primary thoroughfare or highway as dedicated or devoted to public use by legal mapping use, accepted by the Board of Aldermen. STREET LOT LINE—The line dividing a lot from a street or way. SUBSTANTIAL IMPROVEMENT—Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the actual cash value of the structure before the improvement is started or, if the structure has been damaged and is being restored, before the damages occurred. TOWNHOUSE—A row of at least three and not more than eight one-family attached dwelling units, each separated from other dwelling units by a fire wall or walls. Each unit in the row may be owned by a separate owner. UNDERLYING DISTRICT--A zoning district which underlies another zoning district. In such areas, restrictions pertaining to both districts apply. UTILITIES—Publicly owned, controlled or regulated services, including but not limited to electric, gas, water, sewage disposal, solid waste disposal and communications. WAREHOUSING and STORAGE—Facilities for the storage of various goods and commodities and for the distribution thereof, including but not limited to refrigerated warehousing;farm products warehousing and storage, excluding stockyards;food lockers;and household goods. WHOLESALE TRADE --The sale of goods to retail stores or distributions for the purpose of resale, including but not limited to farming and construction equipment and vehicles; sales and services of dry goods and apparel;farm products; electrical goods; hardware; plumbing; heating equipment and supplies; and machinery. WIRELESS COMMUNICATIONS FACILITY—A wireless communications monopole or tower which may include antennas, satellite dishes and associated structures which facilitate wireless communications services. (NOTE: The current definition of communications may require amendment; the special permit ordinance for height, §275-27, may require amendment.) [Added 4-15-1997 by Ord. No. 97-19] WIRELESS COMMUNICATIONS SERVICES—The provision of cellular telephone service, personal communications and enhanced specialized mobile radio service. (NOTE: The current definition of communications may require amendment; the special permit ordinance for height, §275-27, may require amendment.) [Added 4-15-1997 by Ord. No. 97-19] YARD—A portion of a lot located between a structure and a side or rear lot line which must remain open and unobstructed except as may be allowed by specific provisions of this chapter. ARTICLE II Administration and Enforcement §275-5. Enforcement authority. It shall be the duty of the Building Department to enforce the provisions of this chapter. The Building Commissioner shall refuse to grant a permit for the construction or alteration of any building if the building as constructed or altered would be in violation of any of the provisions of this chapter and shall assess and collect all fines. §275-6. Site plan review. [Amended 4-20-1999 by Ord. No. 99-22; 12-21-2004 by Ord. No. 04-1101 A. Statement of purpose. The purpose of this section is to provide for an orderly and comprehensive review process for development projects; to promote safe vehicular and pedestrian traffic movements within the site and in relation to the site; to protect the capacity of state and local roads to conduct traffic smoothly and efficiently; to promote attractive and viable commercial, business and industrial districts; to protect abutting and nearby property from disturbances from noise, dust, vibrations and light; to protect the natural environment; to protect historical resources; to maintain the value of abutting and nearby property in the project area; to identify and ensure compliance with all applicable local, state and federal regulations; and to generally provide for the health, safety and welfare of the citizens of Chicopee. To accomplish this, new construction projects have been categorized by building footprint size and impact and will be reviewed and approved by Building Department Checklist, Site Plan Review Advisory Committee, or Planning Board. The http://www.e-codes.gencralcode.com/searchresults.asp?cmd=getdocTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 9 of 65 procedures for each category of review are listed below. B. Building Department Checklist review. (1) Projects subject to review by Building Department Checklist: (a) Development projects with footprints of 1,000 square feet or less in Commercial A, Commercial A-1, Central Business District, Business A, Business B, Business C, and Industrial, Commercial Center and Mill Conversion Overlay Zones. This also applies to property in IPUD and IPUD it Zones that are not operated by an established non-profit development organization. (b) Additions with footprints less than 1,000 square feet to existing buildings in any zone. (c) One-, two-and three-family dwellings on individual lots(accessory buildings and lots in residential subdivisions approved after January 4, 2005, are excluded.) (2) Submission requirements: (a) Building Department Checklist. Building Department Checklists are obtained in the Building Department. (b) A plot plan certified by a person registered under the Genera! Laws of the Commonwealth of Massachusetts to practice land surveying. The following information must be shown on the plot plan: [1) All property corners, with type of monumentation (identified as set or found); [21 Existing and proposed grading, proposed grading at house corners and garage doors; [31 Proposed location of the building(s)and driveway; [4] Utilities; [5) Elevation of top of foundation wall F.F., benchmark and datum; [61 Direction of stormwater runoff, the proposed grading shall not direct runoff toward abutting properties; [7] Location and dimensions of existing and proposed easements; [8] North arrow, street name(s), zoning district, setbacks, side yards, lot area, and Chicopee Assessor Map and parcel ID number. [91 Scale: 1:20. C. Site Plan Review Advisory Committee review: (1) The following projects shall be submitted to the Site Plan Review Advisory Committee: (a) Development projects with footprints from 1,000 square feet up to 7,500 square feet in Commercial A, Commercial A-1, Central Business District, Business A, Business B, Business, C and Industrial, Commercial Center and Mill Conversion Overlay Zones.This also applies to property in IPUD and IPUD II Zones that are not operated by an established nonprofit development organization and projects developed in phases from January 4, 2005, that cumulatively trip any construction and/or paving plan review criteria. (b) Paving projects, that may or may not be associated with building construction, that include 4,000 square feet or more of impervious surface in any zone. (c) Paving projects of less than 4,000 square feet when added to existing pavement that together totals 4,000 square feet or more of impervious surface in any zone. (d) All municipal projects, including new construction of 1,000 square feet and over, new pavement or reconstruction of exiting paved areas. (2) Submission requirements: (a) Site Plan Review Advisory Committee application. The application is available in the Department of Planning and Development. (b) Plans are to be submitted in accordance with the Chicopee Planning Board Subdivision and Site Plan Review Regulations, Section Il, Site Plans, available from the Department of Planning and Development. http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&.index=1214_A... 1/2 9/2007 General Code E-Cade: City of Chicopee, MA Page 10 of 65 D. Planning Board review. (1) The following projects shall be submitted to the Planning Board: (a) Development projects with a footprint of 1,000 square feet or more in Residential A, Residential B, and Residential C Zones (excluding one-, two- and three-family dwellings and accessory uses thereto on individual lots). (b) Development projects with a footprint of 7,500 square feet or more in Commercial A, Commercial A-1, Central Business District, Business A, Business B, Business C, Industrial, and Commercial Center and Mill Conversion Overlay Zones. This also applies to property in IPUD and IPUD It Zones that are not operated by an established nonprofit development organization and projects developed in phases from January 4, 2005, that cumulatively trip any construction and/or paving plan review criteria. (c) Development projects with a footprint of 1,000 square feet or more in Commercial A, Commercial A-1, Central Business District, Business A, Business B, Business C, Industrial, and Commercial Center and Mill Conversion Overlay Zones where the subject property abuts or is within 1000 feet of any residential zone. (2) Submission requirements: (a) Planning Board site plan review preliminary, definitive and plan modification applications are available from the Department of Planning and Development. (b) Plans are to be submitted in accordance with the Chicopee Planning Board Subdivision and Site Plan Review Regulations, Section 11, Site Plans, available from the Department of Planning and Development. E. Other plan review. (1) Projects requiring special permits must also submit a plan in accordance with Chicopee City Code § 275-9. (2) Projects in Mixed Use Districts, IPUD and IPUD 11 Districts shall submit site plans in accordance with the criteria set forth in the district regulations. Where there are conflicting requirements, the requirements of this section shall prevail. F. Stormwater management. All projects must be in compliance Chicopee City Code Chapter 231. G. Unsewered lots. Plan submissions for projects with no sewer available shall be subject to Health Department approval of on-site waste disposal plan prior to construction. H. Traffic control. The Site Plan Review Advisory Committee reserves the authority to require traffic studies when the proposed project may impact traffic volume and circulation or require changes to adjacent roadways and/or intersections. I. Review process. Site plans shall be submitted to the Planning Department and will be distributed by the Planning Department representative for review by the following departments: Building, Public Works, Planning, Conservation, Water, Wastewater Treatment, Health, Fire, Engineering, Electric Light and any other department deemed necessary by the Building Commissioner. Department heads or their designees shall make up the Site Plan Review Advisory Committee. The Planning Department representative shall meet with the various departments to review the site plan and solicit written comments. The site plan shall be fully reviewed within 60 days of the filing of the application. The Planning Department representative shall issue a written report to the applicant of the findings of the review. This review process does not excuse the applicant from compliance with any other applicable local, state or federal regulations. No building permits shall be issued for development projects until all applicable regulations have been met. The Building Department will require project sign-off from each Site Plan Review Committee member prior to the issuance of a building permit and prior to the issuance of a certificate of occupancy. The sign-off cards are available in the Building Department. J. Approval/disapproval. Should the plan be approved, either in total or with revisions or conditions, it shall serve as the agreed document for purposes of issuing a building permit, inspections, and certificate of occupancy. In the event the site plan is not approved, the applicant may appeal to the Board of Appeals under the provisions hereinafter contained. K. Performance guarantee. if the developer seeks a certificate of occupancy for a building prior to the completion of the approved site improvements, the City of Chicopee shall require the posting of a performance guarantee to cover the cost of the remaining work. http://www.c-codes.generalcode.com/searchresults.asp?cmd=gctdocTofC&index=1214_A... 1/29/2007 General Code E-Cade: City of Chicopee, MA Page 11 of bS L. Aldermanic review. The Planning Board shall submit current copies of its Subdivision and Site Plan Review Regulations to the Zoning Committee of the Board of Alderman every March for review. §275-7. Certificate of occupancy required. No land shall be used or occupied until a certificate of occupancy has been issued by the Building Commissioner stating that the proposed use complies with the provisions of this chapter. §275-8. Board of Appeals. A. Appointment of members.There shall be a Board of Appeals to hear appeals as provided for in the provisions of MGI_c. 40A, § 12, and it shall consist of five regular and three associate members who shall be appointed by the Mayor, subject to confirmation by the Board of Aldermen. B. In the month of March of each year, the Mayor shall appoint two citizens, one as a regular member of said Board and the other as an associate member of said Board, the regular member to hold office for a term of five years and the associate member three years, from the first Monday of April next. C. Any vacancy shall be filled for the unexpired term, and any member may be removed for cause by the Mayor. D. Powers. (1) The Board of Appeals shall have the following powers: (a) To hear and decide appeals where it is alleged by the applicant for a permit that there is an error in any order or decision made by the Building Commissioner in the enforcement of this chapter or the General Laws. Such appeals shall be taken within a period of not more than 30 days from the date the Building Commissioner gave notice of his decision by filing with the Building Commissioner and the City Clerk a notice of appeal specifying the grounds for said appeal. The City Clerk shall forthwith transmit copies of the appeal to the Board of Appeals.The Building Commissioner shall transmit to the Board all papers constituting the record upon which the appeal was taken. Appeals to said Board may be taken by any person aggrieved by reason of his or her inability to obtain a building or occupancy permit or enforcement action from any administrative officer under the provisions of this chapter, by the Lower Pioneer Valley Regional Planning Commission, by any person, including an officer or board of the City or of any abutting City or town, aggrieved by any order or decision of the Building Commissioner or other administrative official, in violation of any provision of MGL C. 40 or this Zoning Ordinance. (b) To authorize, upon petition, variances by a party of interest from the provisions of this chapter. All of the following conditions must apply to each case. The Board of Appeals is authorized to grant a variance where, owing to conditions especially affecting such parcels or buildings but not affecting generally the zoning district in which it is located, a literal enforcement of provisions of the law would involve substantial hardship, financial and otherwise, to the appellant; the desirable relief may be granted without substantial detriment to the public good; such a variance may be granted without deviating from the intent or purpose of this chapter; the special conditions affecting the land which causes the hardship is related to soil conditions, shape or topography of the land or structures; and such variance does not authorize any use or activity which is not otherwise permitted in the district in which the land or structure is located. The Zoning Board of Appeals for the City of Chicopee further defines "hardship"to include lot size, frontage and side, rear and front setback requirements for cases which, in the opinion of the Board of Appeals, result in a lot which is not in conformance with the neighborhood in which it is located if the variance from zoning requirements is not granted.Editor's Note: Former Subsection 1)(1)(c), which immediately followed this subsection and provided for the granting of special permits,war,repealed 11-20-2001 by Ord_No.01-89_ 2 In exercising the above-mentioned powers, the Board of Appeals may impose limitations both of time and of use, and continuation of any use permitted may be conditioned upon compliance with regulations to be made and amended from time to time thereafter. The Board of Appeals may reverse, affirm or modify any order or decision and may make such order or decision as ought to be made. In the case of an appeal, the Board shall have all the powers of the Building Commissioner or official from whom the appeal is taken and may issue or direct the issuance of a permit. A vote of four members of the Board shall be necessary to reverse any order or decision of the Building Commissioner. At least four members of the Board shall be required to vote in favor of a variance in order to pass such an action. Notice of intent to file for an appeal or a variance shall be filed with City http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 12 of 65 Clerk. [Amended 11-20-2001 by Ord. No. 01-891 (3) If the rights authorized by a variance are not exercised within one year from the date of grant of such variance,they shall lapse and may be reestablished only after notice and a new hearing. E. Hearings. The Board of Appeals shall hold a hearing on any appeal transmitted to it by the City Clerk or an officer acting on his behalf within 65 days from transmittal to the Board of Appeals. Applications for a variance shall be made to the Board of Appeals, and a public hearing shall be held as provided for in §275- 9. Notification for all public hearings shall be in accordance with §275-10. The Chairman or, in his absence, the Acting Chairman may administer oaths, summon witnesses and call for the production of papers. All hearings of the Board of Appeals shall be open to the public. At the hearings, any party may appear in person or by agent or attorney. The decision of the Board shall be made within 75 days from the date of fling of the appeal, application or petition. Failure by the Board to act within these limits shall be deemed to be the grant of relief, application or petition. The Board of Appeals shall follow all procedures in§275-12. [Amended 11-20-2001 by Ord. No. 01-89] §275-9. Special permits. [Amended 9-23-1980; 3-19-1991 by Ord. No. 91-11; 7-6-1999 by Ord. No.99-78; 11-20-2001 by Ord. No. 01-941 A. Special permits shall be authorized by the Board of Aldermen for uses specifically within the Zoning Ordinance. Special permits shall be issued only for uses that are in harmony with the general purpose and intent of this chapter and shall be subject to general and specific terms set forth therein, and such permits shall also impose conditions, safeguards and limitations on time or use. (1) No new special permit granted under this chapter shall be issued to any applicant who is in default on the payment of taxes, license fees or other monies due to the City concerning licensed property, property under a special permit or prospective licensed property or property under special permit request. (2) No new special permit granted under this chapter shall be issued to any applicant for property for which the owner is in default on the payment of taxes, license fees or other monies due to the City concerning licensed property, property under a special permit or prospective licensed property or property under special permit request. (3) The applicant will attest in writing prior to the granting of a permit that the conditions set forth in this section relative to all payments and monies owed the City are fulfilled on the permitted premises. (4) At any time it is found that the conditions listed in this section are not fulfilled, a special permit may be revoked, suspended, altered. (See§ 275-13.) B. A special permit may be revoked or altered by the official granting authority or a fine of$200 or both be levied if it is determined after a public hearing that there has been an abuse and/or misuse of the special permit. C. Application. Each application for a special permit shall be filed with the City Clerk. The special permit granting authority shall receive a copy of the application, including the date and time of filing certified by the City Clerk.Applications shall include the following: (1) The application form, completed in full with signatures from the Building Commissioner and the Department of Planning and Development indicating the application is complete. (2) Seven plot plans with North point, date and scale (one inch equals 20 feet), showing: (a) Existing and proposed lines of streets, ways, easements, and public areas. (b) A system of drainage which shall meet the minimum requirements as stated in Chicopee City Code §275-6 when new construction, building additions and/or parking lots are proposed. (c) Lot lines with dimensions. (d) The location of existing and proposed buildings, parking and points of access, signs and lighting and refuse disposal areas. (e) Zoning, ownership and use of immediately abutting property. (f) Any additional information that may be required by the Building Commissioner. D. Twenty days prior to the public hearing, copies of the application for a special permit shall be submitted by the permit granting authority to and reviewed by the Board of Health, Department of Planning and http://www.e-codes.gencralcode.coin/searchresults.asp?cmd=getdocTofC&index=1214 A... V2912007 General Code E-Code: City of Chicopee, MA Page 13 of 65 Development, City Engineer, Building Commissioner, Fire Department, Conservation Administrator and any other board or department designated by the special permit granting authority. Recommendations from departments or boards shall be sent to the special permit granting authority; provided, however, that the failure of any such board or agency to make recommendations within the twenty-day period.shall be deemed lack of opposition thereto. E. Hearings. Special permits shall only be issued following a public hearing to be held in accordance with §275-10, held within 65 days after filing of an application with the City Clerk. The special permit granting authority shall act within 90 days following the public hearing for which notice has been given by publication or posting.The required time limits for a public hearing and said action may be extended by written agreement between the petitioner and the special permit granting authority. A copy of such agreement shall be filed in the office of the City Clerk. Failure by the special permit granting authority to take final action upon an application for a special permit within 90 days following the date of the public hearing shall be deemed to be a grant of the special permit. The petitioner who seeks such approval by reason of the failure of the special permit granting authority to act within such time prescribed, shall notify the City Clerk, in writing within 14 days from the expiration of said 90 days or extended time, if applicable, of such approval and that notice has been sent by the petitioner to parties in interest. The petitioner shall send such notice to parties in interest by mail and each such notice shall specify that appeals, if any, shall be made pursuant to M.G.L. c. 40A, § 17, and shall be filed within 20 days after the date the City Clerk received such written notice from the petitioner that the special permit granting authority failed to act within the time prescribed. After the expiration of 20 days without notice of appeal pursuant to M.G.L. c. 40A, § 17, or, if appeal has been taken, after receipt of certified records of the court in which such appeal is adjudicated, indicating that such approval has been final, the City Clerk shall issue a certificate stating the date of approval, the fact that the special permit granting authority failed to take final action and that the approval resulting from such failure has become final, and such certificate shall be forwarded to the petitioner. The special permit granting authority shall cause to be made a detailed record of its proceedings, indicating the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth clearly the reason for its decision and of its official actions, copies of all of which shall be filed within 14 days in the office of the City Clerk and shall be deemed a public record, and notice of the decision shall be mailed forthwith to the petitioner, applicant or appellant, to the parties in interest designated in M.G.L. c. 40A§ 11, and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice was to be sent. Each such notice shall specify that appeals, if any, shall be made pursuant to M.G.L. c. 40A§ 17 and shall be filed within 20 days after the date of filing of such notice in the office of the City Clerk. F. Special permits issued shall require a 2/3 vote by the Board of Aldermen.The special permit granted under this section shall lapse in a period of one year, including such time required to pursue or wait termination of any appeal from the grant, if a substantial use has not sooner commenced, except for good cause or, in the case of a permit for construction, if construction has not begun by such date, except for good cause. Following such lapse, the rights for the special permit may be reestablished only after a notice and a new hearing, as specified in§275-10, have been undertaken. G. Where a permit or license is required from the Board of Aldermen in addition to the special permit,the Board of Aldermen may hold a single public hearing for the issuance of both. H. No special permit shall take effect until a copy of the decision bearing the certification of the City Clerk that, if such an appeal has been filed, it has been dismissed or denied is recorded in the Registry of Deeds in the grantor index under the name of the owner of record or is recorded and noted in the owner's certificate of title. Notice of the decision shall be sent to the Building Commissioner, Department of Planning and Development, City Engineer, Board of Health, Conservation Administrator, and Fire Department. I. Fees for recording and registering shall be paid by the owner or applicant. No building permits shall be issued without proof that the special permit has been filed with the Hampden County Registry of Deeds. J. Time limitation, There shall be no limitations imposed on special permits, however special permits will be monitored for performance and may be subject to revocation, suspension, alteration or fines in accordance with § 275-13. K. Permit holder and transferability. (1) Special permits that involve the construction of permanent structures shall be granted to run with the land and may be transferred to a new holder without further action by the special permit granting authority. (2) Special permits that involve capital improvements of 50% or more of the assessed value of a structure at the time of application shall be granted to run with the land and may be transferred to a new holder http://www.c-codes.generalcode.com/searchrestilts.asp?cmd=getdocTof C&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee,MA Page 14 of bS without further action by the special permit granting authority. (3) Special permits that govern the use of an existing structure or site shall be granted to the applicant and may be transferred to a new holder only in accordance with the terms of§275-9L(2). L. Renewal, transfers, modifications and extensions. (1) Transfers of special permits to a new holder are subject to the same application and public hearing procedure as new issues. (2) Modification of an existing special permit is subject to the same application and public hearing procedure as new issues. (3) Extension of special permits that are not exercised within a year of issue shall be subject to the same application and public hearing procedure as new issues. M. The special permit granting authority shall consider the following in its evaluation of the special permit application: (1) Conformance of the plan/proposal to zoning ordinances, other applicable requirements of the Chicopee City Code and all other applicable regulations. (2) Compatibility with existing uses and other uses permitted by right in the same zoning district. (3) Potential for creating a nuisance due to air and water pollution,flood, noise, dust, vibration, lights or visually offensive structures and accessories. (4) Potential for creating a substantial inconvenience or hazard to abutters, vehicles or pedestrians. (5) Adequacy of protection offered adjoining premises against any possible detrimental or offensive uses on the site. (6) Provision of convenient and safe vehicular and pedestrian movement within the site and in relation to adjacent streets, property or improvements. (7) Provision of adequate space for off-street loading and unloading incidental to the normal operation of the establishment or use. (8) Provision of adequate methods of disposal and/or storage of sewage, refuse, and other wastes resulting from the uses permitted or permissible on the site. (9) Adequacy of the stormwater management system. (10) Adequacy of erosion and sedimentation control for construction projects. (11) Appearance of building, accessory uses and grounds and compatibility with the appearance of the neighborhood. This includes scale, building materials, architectural style, and landscaping. (12) The proposal is in general harmony with the purpose and intent of the Zoning Ordinance. N. The special permit granting authority shall adopt rules and regulations for the submission of special permit applications in addition to the rules set down in this section. Such rules shall be filed with the City Clerk. §275-10. Notice of hearing, A. Notice of a public hearing is required for all appeals, applications for variances and special permits and for amendments to the Zoning Ordinance or Map. Notice shall be given by publication in a newspaper of general circulation in the City of Chicopee once in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing, and by posting such notice in a conspicuous place for a period of not less than 14 days before the day of such hearing. Notice shall be sent to the petitioner, abutters, owners of land directly opposite on any public or private street or way and owners of land within 300 feet of the property line, as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another City or town. Notice shall also be sent to the Chicopee Planning Board and,for zoning amendments, to the Planning Boards of every abutting City or town, which may forward recommendations with respect to said matter for the consideration of the permit granting authority. B. The Assessors maintaining the tax list shall certify to the permit granting authority the names and addresses of parties in interest. The permit granting authority or special permit granting authority may accept a waiver of notice from or an affidavit of actual notice to any party in interest or, in his stead, any successor owner of record who may not have received a notice by mail and may order special notice to any such person, giving http://www.e-codes.gencralcode.com/searchresults.asp?cmd=getdocTofC&index=1214_A... 1/2 9/2007 General Code E-Cade: City of Chicopee, MA Page 15 of 65 not less than five nor more than 10 additional days to reply. C. Publications and notices required shall contain the name of the petitioner, a description of the area of premises, the street address, if any, or other adequate identification of the location of the area or premises which is the subject of the petition, the date and place of the public hearing, the subject matter of the hearing and the nature of the action or relief requested, if any. No such hearing shall be held on any Sunday or legal holiday or on the day on which a federal, state or municipal election, caucus or primary is held in the City of Chicopee. §275-10.1. Filing of decisions for variances and special permits. [Added 11-20-2001 by Ord. No. 01-91] The special permit or variance granting authority shall cause to be made a detailed record of its proceedings, including the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth clearly the reason for its decision and of its official actions, copies of all of which shall be filed within 14 days in the office of the City Clerk and shall be deemed a public record and notice of the decision shall be mailed forthwith to the petitioner, applicant or appellant, to the parties in interest designated in M.G.L. c.40A, § 11, and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice was to be sent. Each such notice shall specify that appeals, if any, shall be made pursuant to M.G.L. c. 40A, § 17, and shall be filed within 20 days after the date of filing of such notice in the office of the City Clerk. §275-11. Approved applications. A. Upon the granting of a variance or special permit or any extension, or modification thereof, the special permit granting authority shall issue to the owner or to the applicant, if other than the owner, a certified copy of its decision, containing the name and the address of the owner, identifying the land affected, setting forth compliance with the statutory requirements for the issuance of such variance or permit and certifying that copies of the decisions and all plans referred to in the decision have been filed with the granting authority and the City Clerk. No variance or special permit or any extension, or modification thereof shall take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeals have been filed or that, if such appeal has been filed, it is dismissed or denied is recorded at the Registry of Deeds, indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. [Amended 11-20-2001 by Ord. No. 01-92; 2-19-2002 by Ord. No. 02-04] B. Fees for recording and registering shall be paid by the owner or applicant. No building permits shall be issued without proof that the special permit has been filed with the Registry of Deeds. [Amended 11-20- 2001 by Ord. No. 01-901 §275-12. Reconsideration of action. [Amended 2-19-2002 by Ord. No. 02-05] No appeal, variance or special permit or any extension or modification thereof which has been unfavorable and finally acted upon by a special permit or permit granting authority shall be acted favorably upon within two years after the date of final unfavorable action unless said special permit or permit granting authority finds, by a vote of four members of the Board of Appeals or Planning Board or by a two-thirds vote of the Board of Aldermen, that specific and material changes in the conditions upon which the previous unfavorable action was based have occurred, describing such changes in the record of its proceedings, and unless all but one of the members of the Planning Board consents thereto and after a notice has been given to parties in interest, containing the time and place of the proceedings when the question of consent will be considered. Any petition for a variance or application for a special permit which has been transmitted to the permit or special permit granting authority may be withdrawn, without prejudice, by the petitioner prior to the publication of the notice of the public hearing thereon, but may thereafter be withdrawn without prejudice only with the approval of the special permit or permit granting authority by a majority vote of the full Board. §275-13. Revocation suspension and alteration of special permits. A. A special permit may be revoked or altered by the official granting authority or a fine of$200 or both be levied if it is determined after a public hearing that there has been an abuse and/or misuse of the special permit. [Amended 4-15-1997 by Ord. No.97.221 B, Copies of the notice of application for revocation, suspension or alteration of special permits shall be submitted to and reviewed by the Board of Health, Department of Planning and Development, Planning Board, City Engineer, Building Commissioner and any other board required by the permit granting authority http://www.e-codes.generalcode.com/searchresults.asp?crud=getdocTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page lb of 65 at least 35 days prior to the public hearing. Recommendations from said Departments or Boards shall be sent to the permit granting authority; provided, however, that failure of any such board or agency to make recommendations within 35 days from receipt shall be deemed lack of opposition thereto. [Amended 11-20- 2001 by Ord. No. 01-93] C. The special permit granting authority shall act within 90 days following the public hearing. Failure by the special permit granting authority to take final action within 90 days of the public hearing shall be deemed to be a denial of said application for revocation, suspension or alteration of the special permit. Revocation or alteration of special permits shall require a two-thirds vote by the Board of Aldermen. Notice of the decision shall be sent to the Building Commissioner, Department of Planning and Development, City Engineer and Board of Health. [Amended 11-20-2001 by Ord. No. 011-931 D. A special permit which governs the use of an existing structure or site and is granted to the applicant may be revoked, suspended or altered after public hearing if it is determined that the holder of said permit is in default of any taxes or fees owned to the City of Chicopee. Said public hearing shall follow the procedure outlined in Subsections B and C of this section. [Added 11-20-2001 by Ord. No. 01-93] §275-14.Adoption or amendment of Zoning Ordinance. A. Adoption or amendment of the Zoning Ordinance may be initiated by the submission to the Board of Aldermen of a proposed Zoning Ordinance or amendment by the Board of Aldermen, Board of Appeals, an individual owning land affected by an amendment or adoption, 10 registered voters in the city, the Planning Board and the tower Pioneer Valley Regional Planning Commission. The City Clerk shall forward the Zoning Ordinance amendment to the Board of Aldermen, which shall, within 14 days of the receipt of such Zoning Ordinance amendment, submit it to the Planning Board for review and public hearings. B. No Zoning Ordinance or amendment shall be adopted until after the Planning Board and the Zoning Committee of the Board of Aldermen have held public hearings thereon, at which time interested persons shall be given an opportunity to be heard.These public hearings both shall be held within 65 days after the proposed Zoning Ordinance amendment has been submitted to the Planning Board. Notice of the time and place of such public hearings shall follow the regulations prescribed in this chapter(§ 275-10)and include the place of where text and maps may be inspected. Notice of said hearings shall be sent by mail, postage prepaid, to the Department of Community Affairs, to the Lower Pioneer Valley Regional Planning Commission, to the abutting communities and to other parties as prescribed in §275-10. C. The Planning Board shall submit to the Board of Aldermen, within 21 days following the Planning Board hearing, a report with recommendations on the proposed zone change or Zoning Ordinance amendment. The Zoning Committee of the Board of Aldermen shall submit its recommendations after receipt of such report or after 21 days have elapsed from the Planning Board hearing. If the Board of Aldermen fails to hold a final vote on any proposed ordinance or amendment within 90 days after the Planning Board hearing, no action shall be taken thereon until subsequent public hearings are held with notice and report as above provided. D. No Zoning Ordinance shall be adopted or changed except by a two-thirds vote of all members of the Board of Aldermen. If there is filed with the Clerk prior to final action by the Board of Aldermen a written protest against such change, stating the reasons for such protest, duly signed by owners of 20%or more of the area of land proposed to be included in such change or the area of the land immediately adjacent extending 300 feet therefrom, no such change of any ordinance shall be adopted except by three-fourths vote of all members. E. No proposed Zoning Ordinance or amendment which has been unfavorably acted upon by the Board of Aldermen shall be considered by the Board of Aldermen within two years of the date of unfavorable action unless the adoption of such a proposed ordinance is recommended in the final report of the Planning Board. Notice requirement for all hearings shall be the same as those enumerated in § 275-10. §275-15. Petition for leave to withdraw. [Added 11-20-1984] After the Planning Board hearing, any petitioner seeking a leave to withdraw must notify the Board of Aldermen Secretary at least but not less than three working days prior to the Zoning Committee public hearing. The petitioner shall pay for certified mailing to abutters notifying them of the petition for a leave to withdraw. Said mail shall be delivered to abutters not less than 24 hours prior to the hearing. If these procedures are not followed, the petition for a leave to withdraw will be at the discretion of the Board of Aldermen. §275-16. Copies of Zoning Map on file. http://www.e-codes.generalcode.coin/searchresults.asp?cmd=getdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 17 of 65 A. A Zoning Map, which shows the districts in a manner sufficient for identification, shall be kept in the City Clerk's office or a place of his designation. Zoning shall be shown on a set of Assessor's Maps. An index map showing districts in outline form shall be a part of the Zoning Map. B. A copy of the Zoning Map shall be kept in the office of the Building Commissioner. Any alterations in the Zoning Map shall be made on the original map and any copies of the map by the Department of Planning and Development. §275-17. Interpretation. In interpreting and applying provisions of this chapter, they shall be held to be the minimum requirements adopted for the promotion of the health, safety, comfort and convenience and for the general welfare of the people of Chicopee. This chapter shall not repeal, abrogate nor in any other way impair or interfere with any existing provision of law or ordinance or any rules or regulations previously adopted or issued first of all relating to the use of buildings or premises; provided that, where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger lots or yards than are imposed or required by such existing provisions or regulations, the provisions of this chapter shall control. §275-18.Validity. A. The effective date of this Zoning Ordinance or any amendment shall be the date on which such adoption or amendment was voted upon by the Board of Aldermen, subject to it being signed by the Mayor. B. Severability. If any section, paragraph, subdivision, clause, phrase or provision of this chapter shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this chapter as a whole or part thereof other than the part so decided to be invalid. C. No claim of invalidity of any zoning ordinance or bylaw arising out of any possible defect in the procedure of adoption or amendment shall be made in any legal proceeding, and no state, regional, county or municipal office will refuse, deny or revoke any permit, approval or certification because of any such claims of invalidity unless, within 120 days after adoption of an ordinance, legal action is commenced and notice specifying the court, parties, invalidity claimed and date of filing is filed, together with the copy of the petition, with the City Clerk within seven days after the commencement of the actions. §275-19. Violations and penalties. [Amended 4.15-1997 by Ord. No. 97-25A] Any person or corporation violating any provision of the Zoning Ordinance may be fined a penalty of up to but not more than $200 for each violation. Such fine shall be levied by the Building Commissioner and may be appealed according to procedures set forth in § 275-8. §275-20. Filing fees. [Amended 11-7-1985] Applications for a variance or special permit shall be accompanied by a filing fee as set by the Board of Aldermen. Editor's Note:The current fees are on file in the office of the City Clerk.Applications for a change in the Zoning Map or the Zoning Ordinance shall be accompanied by a filing fee as set by the Board of Aldermen.Editors Note:The current fees are on file in the office of the City Clerk.Filing fees shall be waived for agencies of the City of Chicopee. ARTICLE ill Regulations Applicable to All Districts §275-21. Conformance required. No building, structure or premises shall be erected, altered or used in a manner which does not conform to the provisions of this chapter. §275-22. Nonconforming uses. A. Structures or uses lawfully inexistence or begun or for which a building or special permit has been issued before the first publication of notice of public hearing on this chapter may be constructed and/or continued in their present use. Provisions of this chapter shall apply to any change or extension of such a use or structure and to any construction or operations under a building or special permit which has not commenced http://www.c-codes.ge.neralcode.com/searchresults.asp?cmd=getdocTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 18 of 65 within a period of six months after the issuance of the permit. B. Any nonconforming use abandoned or not used for a period of two years of more shall be governed by the provisions of this chapter. C. The Board of Aldermen may grant as a special permit the right to extend a nonconforming use by up to 25% of its fair market value or its area or the right to alter the use for a purpose not otherwise permitted in the district if it is found that the proposed use will be less obnoxious and in greater conformance with the intent of the zoning district within which it lies and wiii promote the purposes of this chapter. §275-23. Restoration of damaged buildings. Nothing in this chapter shall prevent substantial restoration within 12 months and a continuance of use of a building which has been damaged by fire, explosion, flood, riot, act of public enemy or acts of any kind to such an extent that the estimated cost of such restoration does not exceed three-fourths(3/4)of the fair value of the building based on the replacement cost immediately prior to such damage. Such cost estimate, fair value and replacement cost shall be determined by the Building Commissioner. In the case of a building or structure not conforming in use or construction to the provisions of this chapter which apply to the district in which it is located and so damaged to a greater extent, the Board of Aldermen may grant a special permit for restoration and continuance of use where neither will, in its opinion, be detrimental or injurious to the character of the neighborhood. Setback and side yard requirements, however, must conform to the minimum requirements for the district within which the building or use is to be located. The Board of Aldermen may grant a special permit for the right to restore nonconforming uses beyond the 314 of fair value limit, but in no case may the restored value exceed by 25%the replacement cost immediately prior to such damage. §275-24. Restoration of unsafe buildings. Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any building wall declared unsafe by the Building Commissioner. §275-25. Preservation of lot size. No lot or plot shall be so reduced in area that any yard, court, open space or lot size shall be smaller than as prescribed in this chapter for the district in which it is located. §275-26. Minimum lot frontage. Not more than one building designed or available for use for dwelling purposes shall be erected or placed or converted to use on any lot within the City of Chicopee, except as provided within the Zoning Ordinance. No building to be occupied in any part for dwelling purposes shall be constructed on any lot unless such lot has a frontage on a public street or on a street which has been approved under the provisions of the Subdivision Control Law or on a private way which is in a condition which meets the design and construction standards of City streets. §275-27. Height exceptions. The provisions of this chapter governing the height of buildings in all districts shall not apply to parapets, cupolas, belfries, chimneys, flag- and radio poles, gas holders, grain elevators, water towers or to bulkheads, hose towers, elevator enclosures, water tanks, scenery lofts or scenery towers, silos, farm buildings, churches, municipal or governmental buildings or reception and/or transmission antenna facilities less than 25 feet in length. The Board of Aldermen may grant a special permit for reception and/or transmission antenna facilities greater than 25 feet in length. §275-27.1.Wireless communications. (Added 5-22-1997 by Ord. No. 97-181 A. Purpose. The purpose of this section is to comply with the Telecommunications Act of 1996 and to minimize adverse visual and physical impacts to properties and persons in surrounding areas and to the City in general. B- Special permits. A wireless communications facility may be installed upon issuance of a special permit by the Board of Aldermen. Special permits for wireless communications land uses are subject to compliance http://www.e-codes.generalcode.com/searebresults.asp?cmd=getdoeTofC&index=1214 A... 1/29/2007 General Code E-Cade: City of Chicopee, MA Page 19 of 65 with the requirements of the underlying zone and to the following standards. The Board of Aldermen may, but is not required to,waive height and/or setback requirements set forth in this section. Requests for waivers must be made in writing at the time of application, with suitable documentation relative to site constraints. C. Facility provider control area. Any ground-mounted or side-mounted wireless communications facility and any accessory structure shall be enclosed within an area no less than the radius fall area at least 10 feet greater than the pole height of the facility. D. Zoning requirements; Business A, B, and C and industrial with a special permit. When dimensional requirements of this section contradict zoning requirements for the zoning district in which the facility is proposed, this section shall take precedent. E. Fencing. Fencing shall be a minimum of six feet in height with a radius of 15 feet. Fencing may be protective in design, chainlink, not wood, but shall not include barbed wire. Maintenance of safe access to abutting properties is required. F. Screening. A landscaped buffer of evergreen shrubs and/or trees shall be provided"outside the fenced area. Mature vegetative buffer must equal fence height. Initial plantings of evergreens intended to serve as the screen shall be five feet in height and spaced no more than three feet apart. Plants must be maintained in a healthy condition. G. Setback. Ground-mounted facilities shall observe a setback of 100% plus 10 feet of tower height from nonresidentially used abutting parcels and 200% of tower height from residentially used or residentially zone abutting parcels. In no case shall a ground-mounted or side-mounted facility built as an accessory use be allowed on any portion of a lot between a street lot line and a principal building. H. Colocation. Proposed wireless communication facilities of any type must demonstrate adequate engineering standards to provide for the location of two more wireless communications carriers. I. Height. Height calculations shall include building height for roof-mounted facilities. Maximum height for wireless communications facilities in business zones is 190 feet; in industrial zones is 190 feet. J. Discontinuance. All unused facilities or parts thereof or accessory facilities and structures which have not been used for more than one year shall be dismantled and removed at the owner's expense. NOTE: The City will require a minimum bond of$20,000 for this prior to issuance of a certificate of occupancy. This amount may be reviewed and altered at five-year intervals. K. Additional eolocations.Additional colocations will be$50 per carrier; $100 per location. L. Procedures for special permits. All special permit applications for wireless communications facilities shall include the following: (1) A completed copy of the applicable form. (2) A locus plan showing all the property lines, the exact location of all existing and proposed structures on the site, the fall area, street, landscape features and footprints of all buildings within 500 feet of the facility. (3) A color photograph or rendition of the facility and all its appurtenances. (4) A written description of the facility and the technical, economic and other reasons for the proposed location, height and design and its capacity to serve one or more service providers. (5) Confirmation that the facility complies with all applicable federal and state standards. §275-28. Projections and encroachments in yards. Except as hereinafter specified, yards and courts required by this chapter shall be open and unobstructed to the sky, Cornices, leaders, belt courses, sills and similar ornamental features may project six inches over any yard. §275-29. Property maintenance. No owner of land shall permit his property to become overgrown with underbrush or vegetation or blocked by snow where such obstructs or hinders the visibility of pedestrians or motorists so as to create a traffic hazard thereby,whether such motorists or pedestrians are on public or private property. Said owner shall not permit accumulations of rubbish,trash or other noxious materials unless appropriate licenses or permits required by law are obtained. At the direction of the Building Commissioner, this section may be enforced by the Health http://www.e-codes.generalcode.com/searchresults.asp?emd=getdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 20 of 65 Department. §275-30. Storage of trucks and other equipment. A. No truck, truck body, truck-towed trailer, tractor-towed trailer or other equipment manufactured for use for hauling or carrying materials over the highways shall be used for storage of any materials of any kind, whether or not said truck, truck body, truck-towed trailer, tractor-towed trailer or said other equipment is registered in accordance with M.G.L. c. 90 or in accordance with the laws of any other state; nor shall the aforesaid be parked or stored in any place in any district for any time in excess of two weeks, unless said place is used as a truck terminal or a parking area for equipment rented to members of the general public for use on the highways. Excluded are those vehicles or tandem trailers or wheel boxes that are utilized for the construction of buildings and are placed in a construction site temporarily and trailers which are utilized for temporary offices or sanitation stations. B. The Board of Aldermen may authorize by special permit the temporary use of the above-mentioned equipment for storage by nonprofit and charitable institutions for such activities as paper drives and refuse recycling. §275-31. Soil removal and landfill. A. No person or corporation shall remove ground minerals, topsoil, gravel, sand or clay from any of the zones in the City of Chicopee for any purpose or operate a commercial landfill operation without first obtaining a special permit from the Board of Aldermen. B. The applicant shail file with the City Clerk a plan showing the area to be excavated or filled. Said plan shall show the following information: (1) Existing and proposed contours at five-foot intervals. [Amended 10-20-19811 (2) Abutting land use and ownership. (3) The location of all entrances and exits to be used by vehicles working on the site. (4) Existing and proposed waterways and ponds. (5) An indication that the plan has been reviewed by the Building Commissioner, City Engineer and the Department of Planning and Development and the Chicopee Conservation Commission. [Added 12-2- 19801 C. No such permit shall be granted to authorize any such removal or fill which would result in the site being inadequately drained. No ponding of water shall occur unless specifically approved within the plan. D. All excavation or filling shall be so conducted that the side banks of the area on all sides wherever such excavation or filling has been done shall be left safe at all times during the course of the work, and, upon completion of the same, the area shall be left in a safe condition so that no overhanging edges shall be left or any side slopes of more than one vertical to 1 1/2 horizontal. E. Each permit shall be granted for a definite period of time to be fixed by said Board, but no such permit shall be granted for a period of more than three years from the date thereof. The Board may revoke said permit if, after holding a public hearing, violations of this chapter or the permit have been found. F. This section shall not be construed to apply to any such removal or filling incidental to the construction or alteration of any structure for which a building permit has been obtained or street which has been approved by the Planning Board. [Added 12-2-1980] G. After termination of the excavation or at the termination or revocation of the special permit, whichever is sooner, all persons excavating shall be required to resurface the area excavated with a minimum of six inches of topsoil covered by hay or straw or other suitable materials to prevent erosion. All completed and unused areas shall be seeded and covered with vegetation during the first growing season following the work. H. A performance bond to be filed with the City Treasurer(to be set by the Board of Aldermen in consultation with the City Engineer) shall be required sufficient to insure the completion of all restoration work and shall be accompanied by an easement to allow such work to be filed with the Registry of Deeds. The above- mentioned plan shall be forwarded to the Building Commissioner,who, with cooperation from the City Engineer, shall inspect all work performed under this chapter. I. All special permits for soil removal or landfill shall expire upon the lapse of time as fixed by the Board of Aldermen. Following such lapse, all rights granted by the special permit shall be extinguished: The rights http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee,MA Page 21 of 65 granted under a special permit may be reestablished by filing for a renewal at least 60 days prior to the expiration. [Added 4-7-1981] §275-32. Swimming pools. A. No pool for which a building permit is required shall be located nearer than six feet to any lot line. B. All such swimming pools shall be enclosed by a chain link, secure fence or wall at least four feet high. The location of the fences and the design of the gates and latches must be of a design which is reasonably secure for very young children in the opinion of the Building Commissioner. C. No swimming pool shall be located within the City unless it complies with appropriate state and local health codes and Statewide Building Code. §275-33. Corner view clearance. Between the property lines of streets intersecting at an angle of less than 1350 and a line joining points on such lines 20 feet distant from their point of intersection, no building or structure may be erected and no vegetation may be maintained above a height 3 112 feet above the plans through their curb grade. Within this area, no snow can be piled up above 3 112 feet. i §275-34.Applicability of State Building Code. Nothing in this chapter shall regulate or restrict the methods of construction of structures regulated by the State Building Code. §275-35. Subjects not regulated or restricted. [Added 9-18-2003 by Ord. No. 03.35 Editor's Note:This ordinance also repealed former§275-35,Agricultural uses.] Subjects which zoning may not regulate, restrict, require special permits for, discriminate against, or exempt; provided, however, that land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements (from MGL c. 40A, § 3): A. BUILDING CODE: No zoning ordinance shall regulate or restrict the use of materials or methods of construction of structures regulated by the State Building Code. B. AGRICULTURE: No zoning ordinance shall prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture, horticulture, floriculture, or viticulture; nor the use, expansion, or reconstruction of existing structures thereon for the primary purpose of agriculture, horticulture, floriculture, or viticulture, including those facilities for the sale of produce, and wine and dairy products. C. WETLANDS: No zoning ordinance shall exempt land or structures from floodplain or wetlands regulations established pursuant to general law. D. SINGLE-FAMILY BUILDINGS: No zoning ordinance shall regulate or restrict the interior area of a single- family residential building. E. RELIGIOUS USES; CHURCHES: No zoning ordinance shall regulate or restrict the use of land or structures for religious purposes F. EDUCATIONAL USES: No zoning ordinance shall regulate or restrict the use of land or structures for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation. G. PUBLIC SERVICE CORPORATIONS: Lands or structures used or to be used by a public service corporation may be exempted in particular respects from the operation of a zoning ordinance if, upon petition of the corporation, the Department of Telecommunications and Energy shall, after notice given pursuant to MGL c. 40aA, § 11 and public hearing in the City, determine the exemption is required and find that the present or proposed use of the land or structure is reasonably necessary for the convenience or http:Uwww.e-codes.gencralcode.com/searchresults.asp?cmd=getdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 22 of 65 welfare of the public. This does not include wireless communications facilities. H. CHILD CARE; DAY CARE: No zoning ordinance shall regulate or restrict the use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of operating a child- care facility; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. As used in this subsection, the term "child-care facility" shall mean a day-care center or a school-age-child-care program, as those terms are defined in §2764, I. LIVING ARRANGEMENTS FOR DISABLED: Imposition of health and safety laws or land use requirements on congregate living arrangements among nonrelated persons with disabilities that are not imposed on families and groups of similar size or other unrelated persons shall constitute discrimination J. FAMILY DAY-CARE HOME and large family day-care home, as those terms are defined in MGL c.28A; §9, shall be an allowable use unless prohibited or specifically regulated within any zoning district. K. FLOATING ZONES: No provision of a zoning ordinance shall be valid which sets apart districts by any boundary line that may be changed without adoption of an amendment to the zoning ordinance or bylaw. L. TEMPORARY SHELTER; MOBILE HOMES: No zoning ordinance shall prohibit the owner and occupier of a residence which has been destroyed by fire or other natural holocaust from placing a manufactured home on the site of such residence and residing in such home for a period not to exceed twelve months while the residence is being rebuilt. Any such manufactured home shall be subject to the provisions of the State Sanitary Code. M. HANDICAPPED ACCESS RAMPS: No dimensional lot requirement of a zoning ordinance, including but not limited to setback, front yard, side yard, rear yard and open space, shall apply to handicapped access ramps on private property used solely for the purpose of facilitating ingress or egress of a physically handicapped person, as defined in MGL c. 22, § 13A. N. SOLAR ENERGY: No zoning ordinance shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health, safety or welfare. O. AMATEUR RADIO ANTENNA: No zoning ordinance shall prohibit construction or use of an antenna structure by a federally licensed amateur radio operator; however, reasonable regulations regarding location and height may be imposed. §275-36. (Reserved) Editor's Note:Former§275-36,Churches and educational uses,was repealed 9-18-2003 by Ord_No.03-35. §275-37. Nonconforming lots. A. Any increase in area, frontage, width, yard or depth requirements through a Zoning Ordinance amendment shall not apply to a lot for single-or two-family residential use from the time of recording or endorsement, whichever occurs sooner, which was not held in common ownership with any adjoining land, which conformed to then existing requirements at the time of its creation and which has less than the amended requirements but at least 5,000 square feet of area and 50 feet of frontage. B. If a definitive plan or a preliminary plan followed within seven months by a definitive plan has been submitted to the Planning Board for approval under the Subdivision Control Law and written notice for such submission has been given to the City Clerk before the effective date of the chapter, the land shown on such plan shall be governed with provisions of the Zoning Ordinance in effect at the time of the first submission (if such a definitive plan or amendment thereof is finally approved)for five years from the date of the approval and endorsement. Where such plan was submitted or submitted and approved before January 1, 1976, it shall be governed by such provisions for seven years from the date of the endorsement of such approval. C. When approval of a plan under the provisions of the Subdivision Control Law is not required and the plan has been submitted to the Planning Board with written notice of such submission given to the City Clerk, use of the land shown on such a plan shall be governed by applicable provisions of the Zoning Ordinance in effect at the time of submission while such plan is being processed under the Subdivision Control Law, including the time required to pursue or wait for the determination of appeal, and for a period of three years from the date of endorsement. D. Disapproval of a plan shall not serve to terminate any rights which shall have accrued under the provisions of this section, provided that an appeal from the decision disapproving said plan is made under applicable provisions of the Subdivision Control Law. Such appeal shall stay, pending the order or the decree of the http://www.e-codes.generalcode.com/searchresults.asp?curd=getdocTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 23 of 65 court of final jurisdiction, the applicability to land shown on said plan of the provisions of any Zoning Ordinance which becomes effective after the date of first submission. E. All adjacent land in common ownership must be combined to meet minimum lot setback and yard requirements. No new lot can be created which does not meet minimum requirements for the district within which it lies, except as provided for above. Lt�_l F. The record owner of the land shall have the right to record an instrument in the registry of deeds to waive the five-or seven-year grace period provisions of this section, in which case the ordinance.then or thereafter in effect shall apply. §275-38. (Reserved) Editors Note; Former§275-38,Wetlands,was repealed 9-18-2003 by Ord.No.03-35. §275-39. Drive-in restaurants. Drive-in restaurants are allowed in Business A and Business B Districts subject to the issuance of a special permit by the Board of Aldermen and in Business A, Business B and Business C zones subject to the following conditions: A. Drive-in restaurants shall be located on a lot with a minimum of two acres in size. B. Drive-in restaurants shall be a minimum of 200 feet in distance from any church, school or residence. C. Any building used for dispensing food shall have a minimum setback of 100 feet. D. Containers for debris shall be kept in easily accessible areas for the purpose of disposal. §275-40. Off-street parking. A. General. (1) All new construction, including additions greater than 50% or 1,000 square feet, whichever is less, in unusable floor area, to existing nonresidential buildings and residential structures which are divided into additional dwelling units shall meet the following minimum requirements for the provisions of off- street parking and loading. Prior to the issuance of a building permit, plans for such parking areas must be approved. (2) Plans of off-street parking and loading areas shall be submitted at a scale of one inch equals 40 feet, showing existing and proposed contours at two-foot intervals and other information necessary for the interpretation of this chapter. (3) Off-street parking shall be provided either on the lot with the principal use or on any other lot associated with the premises, within 400 feet. B. Off-street loading facilities.Adequate off-street loading and receiving areas shall be provided for all new business, commercial, industrial and retail service uses. Off-street loading and receiving areas shall be designed so that their use does not interfere with parking and traffic circulation. C. Design standards. (1) Each parking space shall have minimum dimensions of nine by eighteen (9 x 18)feet.All interior travel lanes between or adjacent to parking spaces shall have a maximum width of 25 feet. [Amended 7-5- 1994 by Ord. No. 94-37] (2) Parking areas over two acres in size shall be divided by landscaped areas so that there is no continuous parking area over two acres in size. Such large areas shall have storage areas for snow removal purposes and areas designed to store rainwater which cannot be adequately handled by existing storm drains, streams and other drainage features. D. Driveways connecting new off-street parking to streets for all uses, except residential buildings containing six or fewer units, shall have a curb radius of at least 20 feet. The closest curbline of all driveways shall be offset from the curbline of all adjacent streets and driveways a minimum of 35 feet. Vehicles exiting from parking areas shall have an unobstructed view of 300 feet in either direction. E. Drainage facilities shall provide for rainwater runoff to be disposed of. The drainage shall be designed to http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 24 of 65 accommodate ten-year intensity storms and to not overburden existing drainage structures. F. A solid fence at least seven feet in height or an evergreen screening at least four feet in height shall be placed within the property, no more than three feet from the property line where business, commercial and industrial areas abut residentially zoned land. Paved areas shall not extend within five feet of land zoned for residential uses. Parking for multifamily dwellings shall be screened from adjacent areas with a seven-foot solid fence or an evergreen screening at least four feet in height. Ail such fences and screening shall be properly maintained. G. Lighting. All required off-street parking, except for one-and two-family units, shall have adequate lighting during the hours of operation. Lighting shall be installed so that it does not glare onto residential properties or interfere with the safe operation of motor vehicles on public roads. H. Plans for off-street parking which come under requirements in Subsections B through G shall be submitted to the Traffic Commission, Engineering Department and the Department of Planning and Development for review and comments prior to the issuance of a building permit. I. Maintenance of parking areas. All parking areas shall be maintained in an attractive manner and kept clean and free from snow, refuse and debris. J. Required number of spaces (including garages). (1) One-and two-family dwellings and mobile homes: two spaces per unit. (2) Multifamily residential: (a) Elderly(intended solely to house persons over 60 years of age): one space per unit. (b) One-bedroom units: 1.5 spaces per unit. (c) Two-or-more-bedroom units:two spaces per unit. (3) Nonresidential: Sufficient spaces shall be provided to store the vehicles used in the conduct of business, in addition to the following requirements: (a) Hotels and motels, boardinghouses: one space per rentable bedroom. (b) Churches: one space per four fixed seats. (c) Educational services, except nursery schools: one space per three students capacity as determined by the design occupancy load of the facility plus one space per two employees. (d) Elementary,junior high and middle schools, public and private: one space per two employees. (e) High schools, public and private: one space per two employees plus one space per 10 students- (f) Day-care centers, nursery schools: one space per two employees. (g) Nursing homes;welfare and charitable institutions; isolation, drug and alcoholic clinics; one space per three beds, plus one space per four employees on the largest shift. (h) Hospitals and sanitariums: one space per two beds plus one space per four employees on the largest shift. (i) Membership clubs: one space per two persons' capacity as determined by the design occupancy load. (j) Mortuaries and funeral parlors: 10 spaces per reposing room. (k) Eating and drinking places, drive-in restaurants, take-out restaurants: two spaces per five persons capacity as determined by the design occupancy load plus one space per two employees on the largest shift. A minimum of five spaces shall be provided in all cases,. (1) Entertainment assembly, sports assembly, commercial recreation: one space per three persons' capacity as determined by the design occupancy load. (m) Retail stores: one space per 250 square feet in public use plus one space per 500 square feet of other gross area. (n) Personal services, nonautomotive repair services: one space per 250 feet in public use plus one space per 500 square feet of other gross area. (o) Professional services: one space per 400 square feet of floor area plus one space per two employees. http://www.e-codes.generalcode.com/searchresults.asp?emd=getdocTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 25 of 65 (p) Finance, insurance and real estate: one space per 300 square feet of floor area plus one space per two employees. (q) Business services: one space per 500 square feet in public use plus one space per two employees. (r) Motor vehicle repair service: two spaces per repair stall. (s) Industrial uses and manufacturing. one space per two employees on the largest shift. (t) Wholesale trade: one space per two employees on the largest shift. (u) Warehousing and storage: one space per two employees on the largest shift. (v) Utilities: one space per two employees on the largest shift. (w) Communications: one space per two employees on the largest shift. (x) Motor freight transportation: one space per two employees on the largest shift. (y) Contract construction services: one space per two employees on the largest shift. K. Board of Appeals. The Board of Appeals may waive or alter these requirements with a variance for the following circumstances: (1) To grant a permit for the joint use(a parking space counted as fulfilling the requirements for more than one business unit)of parking facilities if the applicant demonstrates that peak parking demand for the various uses occurs at different times. (2) To exempt any proposed use from all or a portion of the requirements of off-street parking when said use will be within 400 feet of any adequate municipal parking area. (3) To exempt or modify requirements by granting a variance where the conditions stated in § 275-8D(1) (b)are applicable.Editor's Note: Former Sec. 181111/21,Group care facilities,which immediately followed this subsection, was repealed 7-3-1984. §275-41. Home occupation. [Amended 6-19-1984; 12-20-1988] A. Special license required. [Amended 6-6-1989] (1) A special license from the Board of Aldermen is required for a home occupation. Special license requests require immediate abutter notification, legal advertisement, a public hearing, a fee as set by the Board of Aldermen Editors Note:The current fees are on file in the office of the City Clerk.and yearly renewal. Applications may be obtained and filed in the City Clerk's office. (2) The procedure for obtaining a home occupation special license is as follows: [Added 3-16-1999 by Ord. No. 99-1] (a) Obtain an application from the City Clerk's office. (b) Submit the completed application together with the required fee Editor's Note:The current fees are on file in the office of the city Clerk.and a copy of the Assessor's Map to the City Clerk's office. - (c) A hearing will be held by the Zoning Committee of the Board of Aldermen on the application for the special license in accordance with this chapter. (d) The Board of Aldermen will thereafter upon approval of the Zoning Committee's action vote to issue the special license. (e) Once this special license is granted, a certificate of occupancy must be obtained from the Building Inspection Department and a copy forwarded to the Board of Assessors. (f) All home occupation special licenses shall expire on April 30th of each year, unless revoked. Any applications for renewal of the home occupation special license may be made in the month of April and shall take effect on May 1 next ensuing. (g) If a nonowner of the property is the applicant, permission must be obtained, in writing, and submitted with the application. (h) The Board of Aldermen may in its discretion grant a waiver to allow one employee who is not a member of the family if there is a specific finding by the Board of Aldermen that the waiver will not cause any undue hardship to the neighborhood nor disrupt the residential nature of the http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 26 of 65 residence. (3) The Building Commissioner shall be responsible for maintaining records of home occupations. If a special license for a home occupation has expired and the holder of such license has not received a renewal of the license from the Board of Aldermen, the Building Commissioner shall forthwith notify the license holder that the license has expired, and the operation of the home occupation must cease within five days, and the holder must renew his license through the License Committee of the Board of Aldermen. B. Performance standards.A special license for home occupation may be granted only if all of the following performance standards are met: [Amended 6-6.1989] (1) No alteration of the principal building shall be made which changes the character as a dwelling. In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character, either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises or vibrations. (2) No use shall create noise, dust, vibration, odor, smoke, glare, electrical interference, health hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential dwelling. (3) Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation. It shall not exceed two square feet in area, shall be nonilluminated and attached flat to the main structure, visible through a window or posted in front of the building with a maximum height of four feet. The limitation to one nameplate is intended to apply to all lots, including corner lots. (4) No traffic shall be generated in greater volume than would normally be expected in a residential neighborhood. The activity involved shall not assume a commercial or public character or constitute a health or safety hazard to the neighborhood. (5) The use shall be clearly incidental and secondary to the dwelling and dwelling purposes and shall not change the character of use as a dwelling. [Added 3-16-1999 by Ord. No. 99-2 Editor's note:This ordinance also provided for the repeal of former Subsection B(5).] (6) There shall be no exterior storage on the premises of material or equipment used as a part of the home occupation. [Added 3-16-1999 by Ord. No. 99-21 (7) The total area used for the home occupation shall not exceed 112 the floor area of the user's living unit. [Added 3-16-1999 by Ord. No. 99-21 (8) A home occupation, including studios or rooms for instruction, shall provide off-street parking area adequate to accommodate needs created by the home occupation. [Added 3-16-1999 by Ord. No. 99-2] (9) Any other conditions which the Board shall impose relating to the health, safety and welfare of abutting property owners. [Added 3-16-1999 by Ord. No. 99-2] C. Special conditions. The Board of Aldermen may impose special conditions upon a home occupation to ensure that the business is conducted in a manner which is compatible with the surrounding neighborhood. Such conditions may include but shall not be limited to the following: (1) A requirement for fencing and/or screening of the subject property from neighboring residences. (2) A limitation on the number of vehicles related to the occupation which may be stored on the premises or parked on an adjacent right-of-way. (3) A restriction on the hours of operation for the home occupation. (4) A requirement that the permit be renewed after a designated period of time. (5) Any other conditions which the Board of Aldermen shall impose relating to the health, safety and welfare of abutting property owners. D. Grounds for revocation. Failure to meet the definition in § 275-4 or any of the performance standards outlined in Subsection B above or any condition imposed by the Board of Aldermen in accordance with Subsection C shall be grounds for denial of a special license for home occupation or for revoking such a special license if one has already been granted. [Amended 6.6-19891 E. Enforcement of home occupation regulations. The City Building Inspector shall have the authority and http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 27 of 65 responsibility to investigate and enforce issues of unlicensed home occupations. The Building Inspector, given a question as to whether a hobby or a home occupation is involved, will make the initial determination and will notify the parties. If a home occupation is determined, the party involved will be given 60 days to obtain a license or to cease and desist. The determination by the Building Inspector may be appealed as provided for herein. A"hobby"is normally a pastime that is engaged in for pleasure as opposed to profit. Any individual found to be in violation of the Home Occupation Ordinance will be subject to fines up to$25 per day for each violation after a determination has been made. The effective date is June 15, 1989. Renewal shall be annually prior to December 31. The fee shall be as set by the Board of Aldermen. [Added 5-20-2003 by Ord. No. 03-20] §275-42. Corner lots. Uses on corner lots must observe setback requirements on all facing streets. Rear yard requirements must be observed for one yard, but only the side yard requirements must be observed for the other. However, for one- and two-family houses, front yard setback requirements must be observed on only one street.The setback on the other street may be the average alignment of all buildings within 300 feet on either side, on the same side of the street and in the same block and district, provided that such a setback shall be at least 15 feet. §275-43. Governmental services. The location of governmental services, including such uses as schools, office buildings, essential services, storage and maintenance buildings, parks, recreation areas and service installations, are not controlled by this chapter. All applicable lot size, density, setback, side and rear yard, parking and sign requirements must be adhered to. §275-44. Fences. Fences, including hedges, may be no higher than 3 1/2 feet between the street and the setback line where, in the opinion of the Building Commissioner, they would obstruct visibility and no higher than eight feet at any point. Fences shall be of a safe, nonhazardous construction not likely to endanger the health or safety of the public, in the opinion of the Building Commissioner. §275-45. (Reserved) Editor's Note:Former§275-45,Mobile homes as temporary shelter,was repealed 9AB-2003 by Ord.No.03-35. §275-46. Keeping of horses. The Board of Aldermen may grant a special permit for the keeping of horses and/or ponies in accordance with the following conditions: A. The minimum acreage required for the keeping of not more than one equine or stable shall be 1 112 acres. One additional equine shall be permitted for each 10,890 square feet(1/4 acre). (Foals under six months are not to be counted.) B. The location of the stable shall be not less than 100 feet from any street line, not less than 30 feet from any side lot line and not less than 25 feet from a rear lot line, with a minimum distance of 60 feet from any dwelling. C. Fences must be adequate to contain the animals within the corral or stable area. Such corral or stable area shall be a minimum of 5,000 square feet. D. Stables, corrals, paddocks or yards shall be properly drained and reasonably free from excessive odor, dust or mud so as not to create a nuisance or health hazard to surrounding property owners. E. Maintenance of the stable and property used in the keeping of equines shall conform to all regulations of the local Board of Health and the state health authorities. §275-47. Scientific research and development. Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit, provided that the http://www.c-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 28 of 65 Board of Aldermen finds that the proposed necessary use does not substantially derogate from the public good. §275-48. Lots without sanitary sewers. [Amended 8-4-19871 No residential lot shall be laid out on a street or way, wherein a sanitary sewer has not been installed or wherein provisions have not been made for the installation of a sanitary sewer,with an area less than 12,500 square feet and with dimensions of less than 100 feet x 125 feet. All such lots shall be subject to Health Department approval prior to construction. §275-49. Smokehouse. [Added 11-20-1984] A. On land other than for farms, the use of a smokehouse may be permitted with the approval of the Board of Health and the Building Inspector and, as such, may be considered as an accessory use, located 75 or more feet from any street line and 100 or more feet from any dwelling. Such accessory use shall not include any activity conducted for gain. B. In residential zones the use of a smokehouse may be allowed by special permit, subject to the following criteria: [Added 6-21-2005 by Ord. No. 05-152 (1) Smokehouses are allowed as accessory uses only. (2) Such accessory use shall not dominate the site or include any activity conducted for gain. (3) A smokehouse must be located a minimum of 75 feet from any street line and 100 or more feet from any dwelling. (4) No use of a smokehouse shall create smoke or fire hazard to adjacent buildings or property. (5) All smokehouses shall conform to Massachusetts State Building Code requirements for fire-resistance rated construction. (6) Applications for smokehouse special permits shall be made to the Board of Aldermen in accordance with Chicopee City Code §275-9.All provisions of state and local regulations regarding special permits shall apply. (7) Farms are exempt. §275-50. Billboards and nonaccessory signs. [Added 8-2-1983; amended 3-18-2003 by Ord. No. 03-10; 7- 6-2004 by Ord. No. 04-73; 6.21-2005 by Ord. No. 05-160A] The purpose of this section is to preserve and promote the public health, safety, and welfare of the residents of Chicopee by maintaining and enhancing the visual environment, by protecting areas of scenic beauty or of historic interest, by minimizing the possible adverse effect of nonaccessory signs on nearby residences, public resources or private property. A. General requirements: (1) There shall be no more than 31 billboards within the City of Chicopee. (2) All billboards must be properly permitted by both the City of Chicopee and the Outdoor Advertising Division of the Commonwealth of Massachusetts. (3) Billboards and nonaccessory signs shall be governed by special permit. (4) All existing billboards which are properly permitted may be maintained and repaired but may not be enlarged. A petition to enlarge or change location shall be subject to the same requirements as a new application. (5) All billboard applications, including, but not limited to, requests to enlarge or change location, shall be subject to the general regulations regarding special permits found in the Chicopee City Code Chapter 275 in addition to the requirements of this section. (6) The Board of Alderman, when granting a special permit, may waive distance requirements, provided the applicant submits its request in writing and can demonstrate the proposed sign will not create a traffic hazard or visual nuisance. The Board of Alderman reserves the authority to require the applicant to produce necessary documentation, including photographic simulations or balloon-type tests to determine visibility.The heights of signs shall be governed by the special permit and are not subject to sign height limitations in the zoning district in which they are located. http://www.e-codes.generalcode.com/searchresults.asp?cmd=gctdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 29 of 65 (7) The Board of Alderman may grant a special permit for a billboard or nonaccessory sign as follows: (a) If the requested sign is less than 12 square feet on a surface, the Board of Alderman may.grant a special permit so long as it enhances the circulation characteristic of the City and is aesthetically pleasing. (b) If the requested sign is greater than or equal to 12 square feet but not greater than 144 square feet on a surface(s), the Board of Alderman may grant a special permit so long as the following apply: [1] It is not within 1,500 feet of a park or the main building entrance of a school or church. [2] It is not within 500 feet of a residentially zoned land. (3] It is not within 350 feet of any other freestanding billboard or nonaccessory sign. [4] It does not obstruct the view of and is not confused with any traffic control devices and does not cause a traffic hazard. [5] It does not obstruct any scenic or important view. [61 It does not contain or project any flashing or distracting lights or images. [7] It is aesthetically pleasing. (c) If the requested sign is greater that 144 square feet but less than 800 square feet on a surface (s), the Board of Alderman may grant a special permit so long as the following apply: [1] It is not within 1,500 feet of a park or the main building entrance of a school or church. [2] It is not within 500 feet of a residentially zoned land. [3] It is not within 750 feet of any other freestanding billboard or nonaccessory sign. [4] It does not obstruct the view of and is not confused with any traffic control devices and does not cause a traffic hazard. [5] It does not obstruct any scenic or important view. [6] It does not contain or project any flashing or distracting lights or images. _ [7] It is aesthetically pleasing. B. Each applicant, at the time of application, shall pay a nonrefundable application fee totaling $100 payable to the City Clerk. C. An annual fee totaling $100 per face shall be paid by each permit holder. Said fee shall be paid on or before January 15 of each calendar year. D. The maintenance and repair of all billboards and accessory signs shall be the responsibility of the permit holder and shall adhere, at a minimum, to the following standards: (1) if the sign consists of paper or paper product, such paper shall not be peeled or ripped. (2) It the sign is painted, the paint shall not be chipped. (3) The trim or frame shall not have any missing pieces or broken parts. (4) The so-called uprights, frame and superstructure shall be stained or painted. (5) There shall not be any overgrowth of vegetation on the ground within 10 feet of the so-called uprights or superstructure of the sign so long as the cutting of such vegetation is within the control of the sign owner. E, Any continuing violation of this maintenance requirement for a period of 30 days after written notice from the Building Inspector to the sign owner describing the nature of the violation shall be cause for a fine of$100. F. Any continuing violation of this maintenance requirement for a period of 45 days after written notice from the Building Inspector to the sign owner describing the nature of the violation shall be cause for an additional fine of$250. G. Any continuing violation of this maintenance requirement for a period of 60 days after written notice from the Building Inspector to the sign owner describing the nature of the violation shall be cause for removal of such sign by the City at the owner's expense. http://www.e-codes.general code.com/searchresults.asp?cmd=gctdocTofC&index=1214_A... 1/29/2007 General Code E-Cade: City of Chicopee, MA Page 30 of 55 H. This special permit shall be construed to include a warranty by the applicant to maintain the subject billboard or nonaccessory sign in good repair to the reasonable satisfaction of the Building Commissioner. Should said permit lapse, be revoked or not be renewed by the Board of Alderman, the City, after notice to the permit holder, may remove said sign, and the cost of the removal shall be at the owner's expense. §275-50.1. Prohibited signs. [Added 6-21-2005 by Ord. No. 05-160A] The following signs shall be prohibited within the City of Chicopee: A. Any sign using the word "stop"or"danger"or which otherwise presents or implies the need or requirement of stopping, or a caution for the existence of danger, or which is a copy of, or which for any other reason is likely to be confused with any municipally approved official sign. B. Any sign that obstructs any window, door, fire escape, stairway, ladder or openings intended to provide light, air, ingress or egress for any building as required by law. C. Any sign erected in any location where, by reason of its location, it will obstruct the view of any authorized traffic sign, signal or other traffic control device. Nor may any sign by reason of its shape, position or color interfere with or be confused with any authorized traffic signal, sign or device. Further, no sign shall be erected in the site distance triangle or any other location where it will obstruct vision of the public right-of- way to a vehicle operating during ingress to, egress from, or while traveling on the public right-of-way. §275-50.2.Accessory signs requiring special permit. [Added 6-21-2005 by Ord. No. 05-160A] In addition to the general requirements set forth in the individual zoning districts contained in the Chicopee City Code Chapter 275, the following accessory signs shall require a special permit issued by the Board of Alderman. A. Signs with visible moving, revolving or rotating parts or visible mechanical movement of any description or other apparent visible movement achieved by electrical, electronic or mechanical means, and all animated and electronically activated changeable signs except for time, temperature and date signs. B. Signs that are animated with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color or use intermittent electronic pulsations. §275-51. Motor vehicle repair and storage. [Added 12-20-1988] A. No owner of residentially zoned land shall permit his property to be used for the purpose of motor vehicle repair, auto body repair, storage or repair of stock cars used for racing, storage of tractor-towed trailers or storage of construction or any other equipment not used as an accessory use for the maintenance of property. B. Excluded are maintenance and general repairs to motor vehicles which, in the opinion of the Building Commissioner, would not create noise, dust, vibration, odors, smoke, glare, electrical interference, dire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in any average residential zoned district. Adverse opinions of the Building Commissioner are subject to appeal to the Zoning Board of Appeals. C. No spray painting or welding using bottled gas shall be permitted. D. No more than one unregistered vehicle that is operable or inoperable or not currently registered or with a current state inspection sticker on each residentially zoned property A and B shall be permitted. The Building Department, upon notification of a violation of this section, shall visit the property and give the property owner 30 days from the date of the written notice of violation to either have the vehicle or vehicles currently/legally registered or removed from the property. The fine for violation of this section shall be$25 per day to conform to this chapter. This section excludes operable antique vehicles and vehicles properly garaged. [Added 11-16-1993 by Ord. No. 93-54; amended 4-16-1996 by Ord. No. 96-201 §275-51.1. Membrane-covered structures. [Added 2-20-2001 by Ord. No. 01-06] A. No person shall erect a membrane-covered structure in any residential, commercial or business zoned district without first obtaining a special permit from the Board of Aldermen. Excluded from this requirement are membrane-covered greenhouses used for residential or commercial horticulture and temporary membrane-covered structures used for special events. B. No special permit shall be granted unless the following conditions are met: http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 31 of 65 (1) In the judgement of the Board of Aldermen, the visual impact of the structure will not adversely impact the area in which it is located. (2) The use of the structure is consistent with the intent of the district in which the use is located and the general purpose and intent of Chapter 275. (3) The structure complies with the dimensional requirements of the zoning district in which it is located and the requirements of the Massachusetts Building Code. (4) The special permit application and site plan shall include the following: (a) The structure shall be clearly shown on the site plan. (b) A rendition of the structure with dimensions(footprint and height)and a description of the construction materials shall be provided. (5) The special permit will not go with the land. C. Pursuant to the Massachusetts State Building Code, any membrane-covered structure erected for more than 90 days requires a building permit. Any existing membrane-covered structure that had not been issued a building permit prior to the adoption of this section requires a special permit. ARTICLE IV District Regulations §275-52. Residential A Districts. A. Permitted uses in Residential A Districts shall include: [Amended 12-20-1988] (1) Single-family detached dwellings. (2) Churches and other places of worship. (3) Cemeteries adjacent to or in extension of existing cemeteries. (4) Private schools and colleges. (5) Greenhouses accessory to a farm or private residence. (6) Governmental services. (7) Farms, nurseries and truck gardens. (8) Utilities transmission facilities and rights-of-way. (9) Golf courses. (10) Accessory uses. B. Special permits. Special permit uses in Residential A Districts which may be granted by the Board of Aldermen shall be as follows: (1) Membership clubs. (2) Charitable institutions. (3) Garages and stables which are not accessory uses to the principal structure. (4) New cemeteries. (5) (Reserved)Editor's Note:Former Subsection B(5),Day-care centers,was repealed 9-15-2003 by Ord.No.03-37. (6) Hospitals. (7) Isolation, drug and alcoholic clinics. (8) Nursing homes. (9) (Reserved)Editor's Note:Former Subsection B(9),Group care facilities,was repealed 9-18-2003 by Ord.No.03-37. (10) Parking facilities. [Added 10-4-1983; amended 5-7-1985] (11) Home occupations. [Added 12-20-19881 (12) Permit for more than one unregistered vehicle. [Added 5-21-1996 by Ord. No. 96-321 http://www.e-codes.generalcode.com/searchresults.asp?cmd—getdocTotC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 32 of 65 (13) Animal kennels. [Added 5-18.1999 by Ord. No. 99-34] C. Dimensional requirements shall be as follows: (1) Minimum lot size: 10,000 square feet. (2) Minimum setback: 25 feet to foundation and 15 feet to a porch or other part of the building. Where existing buildings within 300 feet on each side of the lot, on the same side of the street and within the same block and district, are set back less than the required minimum, new structures may be erected at the average alignment of the existing buildings. However, all buildings, including porches and other parts of the building, must be set back a minimum of 10 feet. (3) Minimum lot frontage: 100 feet. (4) Minimum lot depth: 100 feet. (5) Yards and maximum coverage shall be as follows: [Amended 9-18-2003 by Ord. No. 03-371 Rear Maximum Side Yard Yard Coverage Heights (feet) (feet) (percent) (feet) Permitted uses 6 25* NR 40 Accessory buildings 3 3 40%of rear yard 30 Membership clubs 10 25 NR 40 Hospitals 25 35 NR 44 Charitable institutions 10 25 NR 40 Isolation, drug or 25 35 NR 40 alcoholic clinics Nursing homes 10 25 50 40 Garages and stables 10 15 40%of rear yard 30 not accessory to permitted use NOTES: NR: No requirement. `Except that a ground-story rear yard projection on the building may extend to within 15 feet of the rear lot line. D. Distance requirements. For the purposes of the distance requirements specified in this Zoning Ordinance, measurements shall be from boundary to boundary or from the outer limits of the boundary from one district to the outer limits of any of the boundary or district involved. [Added 4-15-1997 by Ord. No. 97-211 §275-53. Residential B Districts. A. Permitted uses in Residential B Districts shall include: [Amended 12-20-19881 (1) Single-family detached dwellings. (2) Two-family residences, (3) Churches and other places of worship. (4) Cemeteries adjacent to or in extension of existing cemeteries. (5) Private schools and colleges. (6) Greenhouses accessory to a farm or private residence. (7) Governmental services. (8) Farms, nurseries and truck gardens. (9) Utilities transmission facilities and rights-of-way. http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=l 214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 33 of 65 (10) Golf courses. (11) Accessory uses. B. Special permits. Special permit uses in Residential B Districts which may be granted by the Board of Aldermen shall be as follows: (1) Membership clubs. (2) Charitable institutions. (3) Garages which are not accessory to the principal structure. (4) (Reserved)Editor's Note:former Subsection B(4),regarding group homes,was repealed 9-18-2003 by Ord. No.03-36. (5) (Reserved)Editor's Note:Former Subsection 13(5), Day-care centers,was repealed 9-18-2003 by Ord. No. 03-36. (6) New cemeteries. (7) Boardinghouses. (8) Hospitals or sanitoriums. (9) Isolation, drug and alcoholic clinics. (10) Nursing homes. (11) Parking facilities. [Added 10-4-1983; amended 5-7-1985] (12) Home occupations. [Added 12-20-1988] (13) Permit for more than one unregistered vehicle. [Added 4-16-1996 by Ord. No. 96-21] (14) Animal kennels. [Added 5-18-1999 by Ord. No. 99-33] C. Dimensional requirements shall be as follows: (1) Minimum lot size: single-family dwelling, 7,500 square feet; other uses, 10,000 square feet. (2) Minimum setback: 25 feet to foundation line and 15 feet to a porch or other part of the building. Where existing buildings within 300 feet on each side of the lot, on the same side of the street and within the same block and district, are set back less than the required minimum, new structures may be erected at the average alignment of the existing buildings. However, all buildings, including porches and other parts of the building, must be set back a minimum of 10 feet. (3) Minimum lot frontage: single-family residence, 75 feet; other uses, 100 feet. (4) Minimum lot depth: 100 feet. (5) Yards and maximum coverage. [Amended 9-18-2003 by Ord. No. 03-36] Maximum Side Yard Rear Yard Coverage Heights (feet) (feet) (percent) (feet) Permitted uses 6 20* NR 40 Accessory 3 3 40% of rear yard buildings Membership 10 20 NR 40 clubs Hospitals 25 35 NR 40 Charitable 10 25 NR 40 institutions Isolation, drug or 25 35 NR 40 alcoholic clinics Nursing homes 10 feet/story 50 40 Garages and 10 15 40% of rear yard 30 stables not http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 34 of 65 accessory to permitted uses NOTES: *Except that a ground-story rear yard projection on the building may extend to within 15 feet of the rear lot line. NR: No requirement. D. (Reserved)Editor's Note:Former Subsection D,Enforcement of home occupation regulations,added 12-20-1988,as amended,was repealed 5-20-2003 by Ord. No.03-21. E. Distance requirements. For the purposes of the distance requirements specified in this Zoning Ordinance, measurements shall be from boundary to boundary or from the outer limits of the boundary from one district to the outer limits of any of the boundary or district involved. [Added 4-15-1997 by Ord. No. 97-21] §275-54. Residential C Districts. A. Permitted uses in Residential C Districts include: (1) Multifamily dwellings. (2) Three-family dwellings. (3) Two-family dwellings. (4) Single-family dwellings. (5) Governmental services. (6) Accessory uses. B. Special permit. (1) Uses which may be allowed in Residential C Districts by special permit by the Board of Aldermen shall be as follows: (a) Uses allowed in a Commercial A District which are clearly subordinate to the multifamily dwellings. (b) Uses allowed by special permit in Residence A Districts. (c) Lodging houses. [Amended 8-4-19871 (d) Parking facilities. [Added 10-4-1983; amended 5-7-1985] (e) Permit for more than one unregistered vehicle. [Added 4-16-1996 by Ord. No. 96-22] (f) Animal kennels, [Added 5-18-1999 by Ord. No. 99-32] (2) The Board of Aldermen, by granting a special permit, may waive the Residential C District density and dimensional requirements for units built as low-or moderate-income housing for the elderly or family dwelling or for a development which serves to preserve a unique natural area or enhance the development of the city. Application for this special permit requires the inclusion of plans and documents identifying the configuration of structures on the site, common areas/space, travelways, utility locations, the methods of management and means of ownership. Said plans and documents, as approved, shall become part of the special permit when issued. [Amended 3-16-1982] C. Dimension requirements shall be as follows: (1) Lot area. Every building or group of buildings hereafter erected or used for multifamily dwellings shall have a minimum lot area of 7,500 square feet for the first dwelling, 2,500 square feet for the second unit and 2,000 square feet for each additional unit. [Amended 1-15-1991; 2-19-1991 by Ord. No. 91- 11 (2) Distance between buildings: all principal buildings shall be separated by a distance of not less than 25 feet. (3) Yards: (a) Minimum setback for single-family, two-family and three-family dwellings: 25 feet to foundation line and 15 feet to a porch or other part of the building. Where existing buildings within 300 feet http://www.e-codes.generaicode.com/searchresults.asp?cmd=getdocTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 35 of 65 on each side of the lot, on the same side of the street and within the same block and district, are set back less than the required minimum, new structures may be erected at the average alignment of the existing buildings. However, all buildings, including porches and other parts of the building, must be set back a minimum of 10 feet. (b) Minimum setback for multifamily dwellings: 25 feet. On a corner lot, one setback may be 20 feet where there is no parking between the building and the street. (c) Minimum side yards: for one-and two-and three-family dwellings, six feet; for multifamily dwellings, 20 feet. (d) Minimum rear yard: 20 feet for all buildings. (e) Accessory buildings:for one- , two-and three-family dwellings, minimum side and rear yards: three feet. (f) For multifamily dwellings, minimum side and rear yards: 10 feet. (4) Frontage: The following minimum lot frontage shall be required: (a) Multifamily: 150 feet. (b) Two-and three-family: 100 feet. (c) Single-family: 75 feet. (5) Depth.The following minimum lot depth shall be required: (a) Multifamily: 200 feet. (b) Single- , two-and three-family: 100 feet. (6) Height. The maximum height of all buildings and accessories shall be four stories or 60 feet, whichever is greater. (7) Plan approval. All proposed multifamily developments shall follow all review, submission and approval requirements as set down by the Planning Board after appropriate zoning has been confirmed or attained. [Amended 6-4-1985] D. Distance requirements. For the purposes of the distance requirements specified in this Zoning Ordinance, measurements shall be from boundary to boundary or from the outer limits of the boundary from one district to the outer limits of any of the boundary or district involved. [Added 4-15-1997 by Ord. No. 97-21] §275-55. Residential D Districts. A. All mobile homes, including relocated units, shall be located in a Residence D District. A Residence D District shall have a minimum of five acres in total land area. B. Permitted uses. Permitted uses shall include mobile homes, accessory buildings, recreation buildings, management and maintenance buildings. C. Density requirements. The density of development or mobile homes per acre of land shall not exceed seven units per acre. D. Open space. Mobile home parks shall have at least 20% of total land area in landscaped and recreational space. At least 50% of this requirement shall be in usable open space. This requirement may not be filled by landscaped areas within mobile home lots or in required setbacks. E. Setbacks. No mobile home or accessory building shall be within 25 feet of a public right-of-way.All mobile homes shall be set back a minimum of 15 feet from any street within the development. No mobile home shall be within 20 feet of any other mobile home. F. All proposed mobile home developments shall follow all review, submission and approval requirements as set down by the Planning Board in the Subdivision Regulations after appropriate zoning has been confirmed or attained. G. All residential units shall be installed on foundations, without wheels, in a permanent manner. H. Owners of existing mobile home parks as of the date of adoption of this subsection or any mobile home park owner with an approved mobile home park pursuant to this chapter, within a Residence D District, shall be permitted to convey individual lots to individual owners within the mobile home park, provided that: http://www.e-codes.generalcode.com/searchresults.asp?emd=getdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 36 of 65 [Added 9-5-1989] (1) Any lot so conveyed, purchased or sold shall be subject to an agreement obligating the owner of said lot to join an association of unit owners, which association should be responsible for the centralized management of the mobile home park in its entirety and provide for the maintenance and improvement of common areas, common streets and ways within the mobile home park and common utilities within the mobile home park, hence said association shall provide for control of its actions by a one-vote-per-lot rule and shall have the ability to enforce as equitable lien on said lots for the cost of said common areas, common streets, ways and common utilities. (2) Use of any lot within a Residence D District is hereby restricted to mobile homes and appurtenant storage sheds, garages and other appurtenant uses. (3) The minimum lot frontage of any lot so conveyed by the owner of a mobile home park, on either a public or private way shall be 35 feet, and the minimum square footage of any lot so conveyed shall be 3,500 square feet; (Mobile Home Parks in existence prior to the enactment of this subsection need only comply with 3,200 square feet.) (4) The Planning Board for the City of Chicopee has approved said lots on either an approval-not-required or an approval-required plan submitted in accordance with the Massachusetts Subdivision Control Law, and said lots shall be subject to any regulations or covenants imposed by the Planning Board of the City of Chicopee pursuant to the provisions of the Massachusetts Subdivision Control Law. (5) In no event shall the space occupied by a mobile home on any lot so conveyed by the owner of a mobile home park exceed 50%of the individual lot area. I. Distance requirements. For the purposes of the distance requirements specified in this Zoning Ordinance, measurements shall be from boundary to boundary or from the outer limits of the boundary from one district to the outer limits of any of the boundary or district involved. [Added 4-15-1997 by Ord. No. 97-211 §275-56. Commercial A Districts. A. This district is designed for business uses that are intended to serve a neighborhood and to be compatible with residential areas. B. Permitted uses in Commercial A Districts shall include: (1) Accessory. (2) Commercial greenhouses. (3) (Reserved)Editor's Note:Former Subsection B(3),Day-care centers,was repealed 9-18-2003 by Ord.No.03-34. (4) Educational services. (5) Finance, insurance and real estate services. (6) Membership clubs. (7) Personal services. (8) Professional services. (9) Repair services other than for automobiles, trucks and motorcycles. (10) Retail trade without outdoor storage. (11) Welfare and charitable services. C. Special permits. Uses which may be granted in Commercial A Districts by the Board of Aldermen shall be as follows: (1) Automobile service stations. (2) Up to four dwelling units in a commercial building. (3) Eating and drinking places without live entertainment. (4) Nursing homes. (5) Parking facilities. [Added 10-4-1983; amended 5-7-1985] D. Dimensional requirements shall be as follows: http.//www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=l 214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 37 of 65 (1) Minimum lot size: no requirements. (2) Minimum setback: 25 feet. Where parts of existing buildings within 300 feet on each side of the lot, on the same side of the street and within the same block and district, are set back less than the required minimum, new structures and additions may be erected at the average alignment of the corresponding parts of existing buildings. No outdoor storage may be within 10 feet of the street line. (3) Yards and maximum coverage: side and rear yard requirements apply only to land abutting residential districts. Maximum Side Yard Rear Yard Coverage Height (feet) (feet) (percent) (feet) Permitted uses 10 15 65 40 Accessory uses 5 15 15 30 Auto service 25 25 50 25 stations Ground signs 5 15 NR 15 Nursing homes 10 per story 25 50 40 NOTES: NR: No requirement. (4) Maximum size for all business uses shall be 3,000 square feet of floor area for each business unit. E. Special conditions. (1) Signs. One ground sign may be allowed for each building set back at least 25 feet. Ground signs may be no larger than 35 square feet on each side nor have a total surface area greater than 70 square feet. No sign over six square feet in area on each surface may extend over a sidewalk when attached to a building. Signs extending above the roofline are prohibited. Signs on a store shall be no wider than 75% of the width of the storefront or wall of the premises which is occupied by the store erecting the sign. Billboards and flashing lights on signs are prohibited. (2) Screening.Any principal or accessory building or use abutting residentially zoned land must be screened by a solid wall, fence or hedge at least eight feet in height. (3) Dwelling units. No residential unit may be located on the first floor of a building also used for commercial or business purposes. F. Distance requirements. For the purposes of the distance requirements specified in this Zoning Ordinance, measurements shall be from boundary to boundary or from the outer limits of the boundary from one district to the outer limits of any of the boundary or district involved. [Added 4-15-1997 by Ord. No. 97-21] §275-57. Commercial A-1 Districts. [Added 12-1-1981] A. This district is designed for businesses that are intended to enhance a neighborhood's cultural, historic and aesthetic environment while retaining commercial activity compatible with residential areas. B. Permitted uses in Commercial A-1 Districts shall include: (1) Accessory. (2) Finance, insurance and real estate services. (3) Personal services. (4) Professional services. (5) Welfare and charitable services. C. Special permits. Uses which may be granted in Commercial A-1 Districts by the Board of Aldermen shall be as follows: (1) Up to four dwelling units in a commercial building. http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214 A... 1/29/2007 General Code E-Cade: City of Chicopee, MA Page 38 of 65 (2) Retail trade without outdoor storage. (3) Parking facilities. [Added 10-4-1983; amended 5-7-19851 D. Dimensional requirements shall be as follows: (1) Minimum lot size: no requirements. (2) Minimum setback: 25 feet. Where parts of existing buildings within 300 feet on each side of the lot, on the same side of the street and within the same block and district, are set back less than the required minimum, new structures and additions may be erected at the average alignment of the corresponding part of existing buildings. Outdoor storage may be allowed only as an accessory use and shall be restricted to the rear lot. Such storage may not cover more than 20%of the rear lot area. (3) Yards and maximum coverage: Side and rear yard requirements apply only to land abutting residential districts. Maximum Side Yard Rear Yard Coverage Height Use (feet) (feet) (percent) (feet) Permitted uses 10 15 65 40 Accessory uses 5 15 15 30 Ground signs 5 NR NR 10 NOTES: NR: No requirement. (4) Maximum size for all business uses shall be 3,000 square feet of floor area for.each business unit. E. Special conditions. (1) Signs. One ground sign may be allowed for each building set back at least 25 feet. Ground signs may be no larger than five square feet on each side nor have a total surface area greater than 10 square feet. No sign over six square feet in area on each surface may extend over a sidewalk when attached to a building. Signs extending over the roofline are prohibited. Signs on a store shall be no wider than 5% of the width of the storefront or wall of the premises occupied by the store erecting the sign. Billboards and flashing lights on signs are prohibited. F. Distance requirements. For the purposes of the distance requirements specified in this Zoning Ordinance, measurements shall be from boundary to boundary or from the outer limits of the boundary from one district to the outer limits of any of the boundary or district involved. [Added 4-15-1997 by Ord. No. 97-21] §275-58. Business A Districts. A. This district is designed for general businesses located in areas of high traffic volume that are intended to serve an area-wide population. B. Permitted uses in Business A Districts shall include: (1) Accessory uses. (2) Automobile parking. (3) Automobile service stations. (4) Automotive trade. (5) Business and professional services. (6) Commercial greenhouses. (7) Communications. (8) Eating and drinking places without the consumption of alcohol, with or without live entertainment. (9) Educational services. (10) Entertainment assembly. http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214 A... 1/29/2007 I General Code E-Code: City of Chicopee, MA Page 39 of 65 (11) Finance, insurance and real estate. (12) Funeral and crematory services. (13) Hotels and motels. (14) Membership clubs. (15) Nursing homes. (16) Personal services. (17) Repair services other than for automobiles and trucks. (18) Retail trade with or without outdoor storage. (19) Welfare and charitable institutions. (20) Lodging house. [Added 8-4-1987] (21) Motor vehicle repair services. [Added 7-6-1995 by Ord. No. 95-381 (22) Animal kennels. [Added 5-18-1999 by Ord. No. 99-31] C. Special permit. Uses which may be granted in Business A Districts by special permit by the Board of Aldermen shall be as follows: (1) Commercial recreation. (2) Editor's Note:Former Subsection C(2),Motor vehice repair services,was repealed 7-6-1995 by Ord.No.95-41.Billboards. [Added 3-19-2002 by Ord. No. 02-12] (3) Drive-in restaurants. (4) Bating and drinking places with the consumption of alcohol, with or without live entertainment. (5) Up to four dwelling units in a business building. (6) Small-scale production facilities where the Board finds that the use, number of employees, size of operation, hours of operation, structural and land improvements will improve the general, social, physical and economic conditions of the neighborhood in which it is located. [Added 3-6-1984] (7) Auto towing and storage services sites used to store vehicles which have been towed from accidents, abandonment or for reason other than automotive and truck repair services normally contracted for by individuals. [Added 12-4-1984] (8) Housing of taxicabs, limousines and car rentals. [Added 7-7-1992 by Ord. No. 92.35; amended 9-3- 2002 by Ord. No. 02-46] (9) Adult uses. The Board of Aldermen, in granting a special permit, may provide that the adult uses listed below be located no less than 500 feet from any district designated by the Zoning Ordinance for any residential use, including those residential uses allowed by a special permit or grandfathered within business zones, or any public, private or parochial school, library, park, playground, recreational area, church or other area in which large numbers of minors regularly travel or congregate, or be located within 1,000 feet of any other adult use or within 1,000 feet of any establishment licensed under the provisions of MGL C. 138, § 12. No advertisement, display or other promotional material is to be visible to the public from a public way, including but not limited to pedestrian walkways. Signage is limited to ordinance restrictions in this section. If an adult use allows for the showing of films, videos or other entertainment within the premises, any and all booths, cubicles, rooms, studios, compartments or stalls must be clearly visible from the center of the establishment and be closed off or obscured by curtains, drapes, doors, screens, partitions, dividers or any obstruction. [Added 2-16-1993 by Ord. No.93-4; amended 7-5-1994 by Ord. No. 94-361 (a) Adult bookstore. (b) Adult theater. (c) Adult club. (d) Adult entertainment establishment. D. Dimensional requirements shall be as follows: (1) Minimum lot size: no requirement. http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 40 of 65 (2) Minimum setback: 25 feet.Where parts of existing buildings within 300 feet on each side of the street and within the same block and district are set back less than the required minimum, new structures and additions may be erected at the average alignment of the corresponding parts of existing buildings. No outdoor storage may be within 10 feet of the street line. [Amended 3-6-19841 (3) Yards, height and maximum coverage. Side and rear yard requirements apply only to land abutting residential districts, Maximum Side Yard Rear Yard Coverage Height (feet) (feet) (percent) (feet) Permitted uses 15 25 60% 40 other than automobile service stations Accessory uses 10 15 NR 30 Ground signs 10 15 NR 20 Auto service 25 25 NR 40 stations NOTES: NR: No requirement. E. Special conditions. (1) Signs. One ground sign may be allowed for each building set back at least 25 feet. Ground signs may be no larger than 40 square feet on each surface nor have a total surface area greater than 80 square feet. No sign greater than 12 square feet on a side may extend over a sidewalk when attached to a building. Signs extending more than three feet above the roofline are prohibited. Signs on a store shall be no wider than 75% of the width of the storefront or wall of the premises or that portion of the premises occupied by the store erecting the sign. Flashing lights on signs are prohibited. [Amended 3-19-2002 by Ord. No. 02-13] (2) Screening. Any principal or accessory building or use abutting residentially zoned or occupied land must be screened by a fence or hedge at least six feet in height. F. Distance requirements. For the purposes of the distance requirements specified in this Zoning Ordinance, measurements shall be from boundary to boundary or from the outer limits of the boundary from one district to the outer limits of any of the boundary or district involved. [Added 4-15-1997 by Ord. No. 97.21] §275-59. Business B Districts. A. This district is intended for heavy businesses that generate high volumes of traffic and are incompatible with residential and many general business uses. B. Permitted uses. Only the following uses are permitted in Business B Districts: (1) Accessory uses. (2) Automobile parking. (3) Automotive service stations. (4) Automotive trade. (5) Business and professional services. (6) Commercial greenhouses. (7) Communications. (8) Contract construction services. (9) Eating and drinking places without the consumption of alcohol, with or without live entertainment. http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTof C&index=1214_A... 1/29/2007 General Code E-Cade: City of Chicopee, MA Page 41 of 65 (10) Educational services.. (11) Entertainment assembly. (12) Finance, insurance and real estate. (13) Funeral and crematory services. (14) Hotels and motels. (15) Membership clubs. (16) Motor freight transportation. (17) Nursing homes. (18) Personal services. (19) Repair services other than for automobiles and trucks. (20) Retail trade, with or without outdoor storage. (21) Utilities: offices, equipment storage and maintenance. (22) Warehousing and storage. (23) Welfare and charitable institutions. (24) Wholesale trade. (25) Lodging houses. [Added 8-4-1987] (26) Motor vehicle repair services. [Added 7-6-1995 by Ord. No. 95-39] (27) Animal kennels. [Added 5-18-1999 by Ord. No. 99-30] C. Special permit. Uses which may be granted in Business B Districts by special permit by the Board of Aldermen shall be as follows: (1) Sport assembly. (2) Commercial recreation. (3) Industrial uses. (4 Editor's Note:Former Subsection C(4),Motor vehicle repair services,was repealed 7-6-1995 by Ord_No.95-42_Billboards. [Added 3-19-2002 by Ord. No. 02-12] (5) Drive-in restaurants. (6) Eating and drinking places with the consumption of alcohol, with or without live entertainment. (7) Auto towing and storage services sites used to store vehicles which have been towed from accidents, abandonment or for reasons other than automotive and truck repair services normally contracted for by individuals. [Added 12-4-1984] (8) Housing of taxicabs, limousines and car rentals. [Added 7-7-1992 by Ord. No. 92-35; amended 9-3- 2002 by Ord. No. 02-46] (9) Adult uses. The Board of Aldermen, in granting a special permit, may provide that the adult uses listed below be located no less than 500 feet from any district designated by the Zoning Ordinance for any residential use, including those residential uses allowed by a special permit or grandfathered within business zones, or any public, private or parochial school, library, park, playground, recreational area, church or other area in which large numbers of minors regularly travel or congregate, or be located within 1,000 feet of any other adult use or within 1,000 feet of any establishment licensed under the provisions of MGL C. 138, § 12. No advertisement, display or other promotional material is to be visible to the public from a public way, including but not limited to pedestrian walkways. Signage is timited to ordinance restrictions in this section. If an adult use allows for the slowing of films, videos or other entertainment within the premises, any and all booths, cubicles, rooms, studios, compartments or stalls must be clearly visible from the center of the establishment and be closed off or obscured by curtains, drapes, doors screens, partitions, dividers or any obstruction. For the purposes of the distance requirements of this chapter, measurements shall be from boundary to boundary, that is, from the outer limits of the boundary for the use involved, to the outer limits of the boundary or district for any other use referred to, [Added 2-16-1993 by Ord. No. 93-4; amended 7-5-1994 by Ord. No. 94- http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 42 of 65 36; 4-15-1997 by Ord. No. 97-20] (a) Adult bookstore. (b) Adult theater. (c) Adult club. (d) Adult entertainment establishment. D. Dimension requirements shall be as follows: (1) Minimum lot size: no required minimum. (2) Minimum setback: 25 feet.Where parts of existing buildings within 300 feet on each side of the tot,on the same side of the street and within the same block and district, are set back less than the required minimum, new structures and additions may be erected at the average alignment of the corresponding parts of existing buildings. No outdoor storage may be within 10 feet of the street line. (3) Minimum side and rear yards: no principal structure or accessory structure or use may be located within 15 feet of any residentially zoned land. Any principal or accessory structure or use abutting residentially zoned land must be screened by a fence or hedge at least six feet in height. (4) Height: The maximum height of all buildings and accessory uses shall be 40 feet. Freestanding signs shall be no taller than 20 feet. (5) Signs:One ground sign may be allowed for each building set back at least 25 feet. Ground signs shall be no larger than 60 square feet on each side(surface) nor have a total surface area greater than 120 square feet. No sign greater than 12 square feet, on a side may extend over a sidewalk when attached to a building. Attached signs extending more than three feet above the roofline are prohibited. Signs on a store shall be no wider than 75%of the width of the storefront or wall of the premises or that portion of the premises occupied by the store erecting the sign. Billboards and flashing lights on signs are prohibited. §275-60. Business C Districts. A. This district is intended for business development in the vicinity of highway interchanges where it is desirable to encourage interstate-highway-created business. B. Permitted uses in the Business C Districts shall include: (1) Motor freight transportation. (2) Warehouse and storage. (3) Hotels and motels. (4) Eating and drinking places without the consumption of alcohol, with or without live entertainment. (5) Drive-in restaurants. (6) Automotive service. (7) Automotive trade. (8) Lodging houses. [Added 8-4-1987] (9) Motor vehicle repair services. [Added 7-6-1995 by Ord. No. 95-371 C. Special permits. Uses which may be granted in Business C Districts by special permit from the Board of Aldermen shall be as follows: (1) Editor's Note:Former Subsection C(1),Motor vehicle repair services,was repealed 7-6-1995,by Ord. No.95-40. Billboards. [Added 3-19-2002 by Ord. No. 02-12] (2) Industrial uses. (3) Wholesale trade. (4) Eating and drinking places with the consumption of alcohol, with or without live entertainment. (5) Parking facilities. [Added 10-4-1983; amended 5-7-19851 (6) Adult uses. The Board of Aldermen, in granting a special permit, may provide that the adult uses listed http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTof C&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 43 of 65 below be located no less than 500 feet from any district designated by the Zoning Ordinance for any residential use, including those residential uses allowed by a special permit or grandfathered within business zones, or any public, private or parochial school, library, park, playground, recreational area, church or other area in which large numbers of minors regularly travel or congregate, or be located within 1,000 feet of any other adult use or within 1,000 feet of any establishment licensed under the provisions of MGL C. 138, § 12. No advertisement, display or other promotional material is to be visible to the public from a public way, including but not limited to pedestrian walkways. Signage is limited to ordinance restrictions in this section. If an adult use allows for the showing of films, videos or other entertainment within the premises, any and all booths, cubicles, rooms, studios, compartments or stalls must be clearly visible from the center of the establishment and be closed off or obscured by curtains, drapes, doors screens, partitions, dividers or any obstruction. [Added 2-16-1993 by Ord. No. 93-4; amended 7-5-1994 by Ord. No. 94-361 (a) Adult bookstore. (b) Adult theater. (c) Adult club. (d) Adult entertainment establishment. D. Dimension requirements shall be as follows: (1) Minimum setback: 25 feet. Where parts of existing buildings within 300 feet on each side of the lot, on the same side of the street and within the same block and district, are set back less than the required minimum, new structures and additions may be erected at the average alignment of the corresponding parts of existing buildings. No outdoor storage may be within 10 feet of the street line. (2) Minimum side and rear yards: No principal or accessory structure or use may be located within 15 feet of any residentially zoned or used land. Uses must be screened from such areas by a solid wall, fence or hedge at least eight feet in height above the property line. (3) Maximum height: 40 feet for buildings and accessory uses and 20 feet for signs. (4) Signs. One freestanding sign may be allowed for each building set back at least 25 feet. Freestanding signs shall be no larger than 60 square feet on each side(surface) nor have a total surface area greater than 120 square feet. No sign greater than 12 square feet on a side may extend over a sidewalk when attached to a building. Attached signs extending more than three feet above the roofline are prohibited. Signs on a store shall be no wider than 75% of the width of the storefront or wall of the premises or that portion of the premises occupied by the store erecting the sign. Flashing lights on signs are prohibited. [Amended 3-19-2002 by Ord. No. 02-13] E. Distance requirements. For the purposes of the distance requirements specified in this Zoning Ordinance, measurements shall be from boundary to boundary or from the outer limits of the boundary from one district to the outer limits of any of the boundary or district involved. [Added 4-15-1997 by Ord. No. 97-21] §275-61. Central Business District. A. This district is intended for the mixed use of pedestrian-oriented commercial districts found in the center of the established neighborhoods. B. Permitted uses in the Central Business District shall include: (1) Retail uses without outdoor storage. (2) Personal, business and professional services. (3) Automobile parking. (4) Eating and drinking places, with or without live entertainment, without the consumption of alcohol. (5) Repair services other than for automobiles and trucks. (6) Educational services. (7) Entertainment assembly. (8) Hotels and motels. (9) Welfare charitable institutions. http://www.e-codes.generalcode.com/searchresuilts.asp?cmd=getdocTofC&index-1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 44 of 65 (10) Membership clubs. (11) Residential uses in a building used for business or commercial purposes. (12) Accessory uses. C. Special permits. Uses allowed in the Central Business District only by special permit from the Board of Aldermen shall be as follows: (1) Multifamily residential. (2) Automotive service stations. (3) Eating and drinking places, with or without live entertainment, with the consumption of alcohol. (4) Small-scale production facilities where the Board finds that the use, number of employees, size of operation, hours of operation, structural and land improvements will improve the general, social, physical and economic conditions of the neighborhood in which it is located. [Added 3-6-1984] (5) Adult uses. The Board of Aldermen, in granting a special permit, may provide that the adult uses listed below be located no less than 500'feet from any district designated by the Zoning Ordinance for any residential use, including those residential uses allowed by a special permit or grandfathered within business zones, or any public, private or parochial school, library, park, playground, recreational area, church or other area in which large numbers of minors regularly travel or congregate, or be located within 1,000 feet of any other adult use or within 1,000 feet of any establishment licensed under the provisions of MGL C_ 138, § 12. No advertisement,display or other promotional material is to be visible to the public from a public way, including but not limited to pedestrian walkways. Signage is limited to ordinance restrictions in this section. If an adult use allows for the showing of films, videos or other entertainment within the premises, any and all booths, cubicles, rooms, studios, compartments or stalls must be clearly visible from the center of the establishment and be closed off or obscured by curtains, drapes, doors screens, partitions, dividers or any obstruction. [Added 2-16-1993 by Ord. No. 93-4; amended 7-5-1994 by Ord. No. 94-36] (a) Adult bookstore. (b) Adult theater. (c) Adult club. (d) Adult entertainment establishment. D. Dimensional requirements shall be as follows: (1) Minimum setback: New structures shall be set back the average alignment of existing buildings in the same block within 300 feet in either direction. (2) Side and rear yards: Where properties abut one-or two-family residential units or Residence A or B Districts, a minimum side or rear yard of 10 feet shall be observed, plus two feet for every story above the first. (3) Height: No building shall exceed a height of 60 feet, except by special permit from the Board of Aldermen. (4) Maximum building coverage: 80% of the lot. [Amended 3-6-1984] E. Residential requirements. (1) Any new residential unit(newly constructed)shall be provided with a minimum of 100 square feet of open space and/or recreation per unit. Such open space or recreation may be provided in, adjacent to or on top of the building. (2) The layout, arrangement and recreation open space requirements of new residential units shall be approved by the Planning Board. (3) No residential unit may be located on the first floor of a building also used for commercial or business purposes. (4) Buildings constructed exclusively for multifamily residence must meet Residence C District requirements. F. Signs. One freestanding sign no larger than 35 square feet on a side may be allowed for each building set back at least 25 feet from the property line. Billboards and flashing lights on signs are prohibited. Signs on http://www.e-codes.generalcode.com/scaTchresults.asp?cmd=getdocTofC&index=1214_A... 1 f 29/2007 General Code E-Code: City of Chicopee, MA Page 45 of 65 stores shall be no wider than 75% of the width of the storefront or wall of the premises or that portion of the premises occupied by the store erecting the sign. Attached signs extending more than three feet above the roofline are prohibited. G. Distance requirements. For the purposes of the distance requirements specified in this Zoning Ordinance, measurements shall be from boundary to boundary or from the outer limits of the boundary from one district to the outer limits of any of the boundary or district involved. (Added 4-15-1997 by Ord. No.97-211 §275-62. Industrial Districts. A. Permitted uses shall be industrial uses and any use allowed as a permitted use in Business A or B Districts and accessory uses. B. Special permits. Within any Industrial District, as indicated on the Building Zone Map, no building or other structure nor any premises shall be used, and no building or other structure or part of a building shall be erected which is intended or designed to be used (except as an incidental or accessory use)for any of the following specified purposes, except with the issuance, by the Board of Aldermen of a special permit: (1) Abattoirs. (2) Ammonia, chlorine or bleaching powder manufacture. (3) Asphalt manufacture or refining. (4) Celluloid manufacture, except in isolated,fire-resisting buildings. (5) Coal tar products manufacture. (6) Creosote manufacture. (7) Distillation of coal, wood or bones. (8) Explosives or fireworks manufacture. (9) Fat rendering. (10) Fertilizer manufacture or potash refining. (11) Glue or size manufacture or processes involving recovery from fish or animal offal. (12) Gypsum, cement, plaster or plaster of paris manufacture. (13) Sites for dumping grounds (assigned in accordance with MGL c. 111, § 150A). (14) Junkyards and junk storage, auto salvage yards. (15) Linoleum manufacture. (16) Petroleum refining. (17) Pyroxylin plastic manufacture or the manufacture of articles therefrom. (18) Radium extraction. (19) Rubber or gutta-percha manufactured from crude or scrap material. (20) Sewage disposal plant, except where controlled by the municipality. (21) Sulphurous, sulphuric nitric or hydrochloric acid manufacture. (22) Tar distillation. (23) Tar roofing manufacture. (24) Sports assembly. (25) Any use allowed by special permit in Business A or B Districts. C. Dimensional requirements shall be as follows: (1) Height. No buildings shall be erected to a height in excess of 60 feet. (2) Minimum setback: 25 feet. Where parts of existing industrial buildings within 200 feet on each side of the lot, on the same side of the street and within the same block and district, are set back less than the required minimum, new structures and additions may be erected at the average alignment of the existing buildings. http://www.e-codes.gencralcode.com/searchresults.asp?ernd=getdoeTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 46 of 65 ,. (3) Side yards: No side yard is required, except that for buildings adjacent to a residence building or district, side yards shall be a minimum of 25 feet. (4) Rear yards: No rear yard is required except that a building adjacent to a residence shalt have a minimum rear yard of 25 feet. (5) Chimneys or flues may be erected within a rear yard, provided that they do not exceed five square feet in aggregate external area and do not obstruct free ventilation.An open or lattice-enclosed iron fire escape or a fireproof open balcony to a fire tower may project not more than five feet into a rear yard. Any principal or accessory use abutting residentially zoned or occupied land must be screened by a solid wall, fence or hedge at least eight feet in height. No cornice shall project more than three feet into a rear yard. D. Signs. One freestanding sign may be allowed for each building set back at least 25 feet. Freestanding signs shall be no larger than 60 square feet on each side(surface)nor have a total surface area greater than 120 square feet. No sign greater than 12 square feet on a side may extend over a sidewalk when attached to a building. Attached signs extending more than three feet above the roofline are prohibited. Signs on a store shall be no wider than 75% of the width of the storefront or wall of the premises or that portion of the premises occupied by the store erecting the sign, Flashing tights on signs are prohibited. [Amended 3-19- 2002 by Ord. No. 02-131 E. Distance requirements. For the purposes of the distance requirements specified in this Zoning Ordinance, measurements shall be from boundary to boundary or from the outer limits of the boundary from one district to the outer limits of any of the boundary or district involved. [Added 4-15-1997 by Ord. No. 97-211 §275-63. Garden Industrial Planned Unit Development(IPUD). [Amended 8-4-1981; 7-3-1984; 4-18-1989; 7-6-1989) A, Description. Industrial planned unit development(IPUD)shall mean an area of land served by sanitary sewer and public water, which is to be developed as a single entity for one or more industrial buildings, in which a mixture of industrial uses, as permitted hereunder, are determined to be advantageous. B. Purposes. The purpose of allowing industrial planned unit development is to provide flexibility in'the design and siting of multiple industrial and office buildings on a single site,thereby promoting aesthetic sensitivity; the preservation of land for open space; the efficient use of municipal services; and minimization of the overall impact of development on the immediate environment, while maximizing the use of the site's natural characteristics, wherever possible. C. Permitted uses. The following uses will be permitted in an industrial planned unit development: (1) Industrial uses, except those uses described in§ 275-62B, Industrial Districts, Special permits [excluding item §275-62B(25)only as it pertains to§§ 275-58C(6)and 275-59C(3)]. (2) Office uses, including research and development activities. (3) Business and professional services. (4) Financial, insurance and real estate services. (5) Aviation or aviation services. (6) Warehouse and distribution. (7) (Reserved)Editor's Note:Former Subsection C(7),Day-carelnursery school,was repealed 9-1$-2003 by Ord.No_03-34. (8) Contract construction services. (9) Communications. (10) Accessory uses. D. Special permits.The following uses shall be allowed by special permit from the Board of Aldermen: (1) Educational services. (2) Civic center, (3) Eating and drinking places. E. Dimensional and density requirements. (1) The minimum parcel size for a principal building is 50,000 square feet. http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index-1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 47 of 65 (2) Maximum height of structures shall not exceed three stories or 45 feet, excluding projections above the third story for ventilators, elevators, cooling towers, antennae and mechanical equipment. Such features shall not exceed 25% of the roof area nor extend 15 feet above the roof level. (3) Maximum aggregate building coverage shall not exceed 33% of the total parcel area. (4) Minimum parcel or tract frontage shall be 125 feet for a single building parcel and 150 feet for multiple building parcels. (5) Minimum setback from any street line shall be 50 feet. No structure, parking area or service yard shall be permitted within the fifty-foot setback. Pedestrian walkways, driveways and passive use amenities will be allowed. (6) Minimum rear and side setbacks for principal structures shall be 25 feet. However, minimum abutting, rear and/or side setback shall be 100 feet as measured from residential property line. (7) No accessory structure, parking area or service yard shall be permitted within 15 feet of a side or rear lot line except where a common driveway is shared by adjoining parcels. (8) Corner lots shall comply with a minimum setback of 50 feet from all street lines. (9) Buffer areatscreening. No permanent construction of building structures or parking area shall be permitted within 30 feet of any abutting land zoned or used for residential purposes; provided that any permitted use does not create any dangerous, injurious, noxious or otherwise objectionable condition; fire, explosive, radioactive or other hazardous condition; noise or vibration, smoke,dust, odor or other form of air pollution; electrical or other disturbance; glare or heat; or other conditions or element in a manner or amount to adversely effect the surrounding area.Any principal or accessory building or use, including parking or storage facilities, abutting land used or zoned for residential use shall be screened by a solid wall, earthen berm or a fence and natural planting area, which shall be no less than six feet in height when erected and planted.Any outdoor storage shall be similarly screened from view.All required screenings shall be maintained in good condition at all times. (10) A maximum of 70% of the total tract can be rendered impervious. F. Nondimensional requirements. (1) The industrial planned unit development shall be served by both sanitary sewer and public water distribution system. (2) Minimum parking requirements shall be in accordance with §275-40. (3) Landscaping. (a) Industrial planned unit developments shall be landscaped in such a manner as to provide an aesthetically pleasant and cohesive environment. (b) The placement and design of the landscaping shall target functional areas, such as site entrances, signs, parking areas and building entrances.These plantings shall integrate the project with the natural existing environment, through the retention of existing plantings and the use of native plant species. (c) The minimum ratio of planting materials for noncorner locations shall be as follows: [1] Three trees(two-inch caliper or more)for every six parking spaces for the first 80%of the spaces provided. [2] Three trees (two-inch caliper or more)or shrubs (eighteen-inch to twenty-four-inch height and spread)for every six parking spaces in the remaining 20% of the spaces provided. (d) If the 1PUD is located on a corner lot, then the minimum ratio of planting materials shall be as follows: (1] Four trees (two-inch caliper or more)for every six parking spaces, for the first 80% of the spaces provided. [2) Four trees (two-inch caliper or more)or eight shrubs(eighteen-inch to twenty-four-inch height and spread)for every six parking spaces in the remaining 20%of the spaces provided. (4) Loading docks and facilities for handling shipping by rail and surface shall be located on those sides of each building which do not front on the street, insofar as possible. Screening either natural or man- http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214 A.., 1/29/2007 General Code E-Code: City of Chicopee, MA Page 48 of 65 made shall be provided for these areas. (5) Outside storage may not exceed 2% of the area of the principal use or building. However, a special permit may be issued on a parcel-by-parcel basis for up to 5%. (6) Signage may be provided as follows: (a) Attached signs, Signs on the exterior wall of each building shall not exceed one square foot in area for every five linear feet of building frontage occupied by a tenant; no single dimension shall exceed seven feet. No attached sign shall be greater than 42 square feet in area. Each tenant shall have only one attached sign. Attached signs shall not project more than one foot from the building wall and shall not extend or project above the top of the wall to which they are attached. No sign shall project into or over a sidewalk in such a manner as to endanger the health and safety of pedestrians. (b) Freestanding signs. Freestanding signs shall be no larger than 42 square feet in surface area, with no dimension larger than seven feet. The top of any freestanding sign shall not exceed 12 feet above the ground level at the base of said sign. No freestanding sign shall be located within 35 feet of the street pavement edge, No more than two freestanding signs for each building within the IPUD shall be allowed. (c) Prohibited signs shall be as follows: [1] Any sign, artificial light or reflecting device connected or used with a sign or otherwise located or displayed where such light competes for attention of the driver of a vehicle or may be mistaken for a traffic signal. [2] Flashing and rotating or blinking signs or optically projected slide signals which are changed periodically, [3] Lights with such brightness as to cause glare to roads or neighboring businesses or residences. (4] Strings of lights or flag-like devices hung from any part of a building or residences. [5) Billboard signs. (7) Finished construction. The exterior walls of each building are to be finished with stone or other materials exhibiting aesthetic and durable quality. G. Project review. Any IPUD shall be reviewed by the Department of Planning and Development, Building Commissioner and the Department of Pubic Works for compliance with this section and with the parking requirements of this Zoning Chapter. Any industrial planned unit development shall meet any and all other review and approval requirement which are established by ordinance. H. Distance requirements. For the purposes of the distance requirements specified in this Zoning Ordinance, measurements shad be from boundary to boundary or from the outer limits of the boundary from one district to the outer limits of any of the boundary or district involved. [Added 4-15-1997 by Ord. No. 97-21] §275-63.1. Garden Industrial Planned Unit Development(IPUD), Type 11. [Added 5-19-1992 by Ord. No.92- 30; amended 4-15-1997 by Ord. No. 97-21;7-7-1998 by Ord. No. 98-49] A. Description, Industrial Planned Unit Development(IPUD), Type 11, shall mean an area of land served by sanitary sewer and public water, which is to be developed as a single entity for one or more industrial buildings, in which a mixture of industrial uses, as permitted hereunder, has been determined to be compatible both within the proposed development and with the adjacent land uses. B. Purposes. The purpose of establishing this Industrial Planned Unit Development(IPUD), Type 11 District is to provide an appropriate location for the development of multiple permitted land uses on a site and to promote economic diversity and stability within the City while encouraging flexibility in the design and siting of multiple industrial and office buildings, thereby promoting aesthetic sensitivity, preservation of land for open space, the efficient use of municipal services and minimizing the overall impact of development on the immediate environment and the site's natural characteristics, where possible. C. Permitted uses.The following uses will be permitted in an Industrial Planned Unit Development,Type 11: (1) Industrial uses involving the manufacture, processing, assembly, fabrication, packaging, storage of materials or products; excluding those uses described in §275-62B(1)through (23), Industrial Districts, special permits, and excluding the following principal uses: motor vehicle repair, motor http://www.c-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee,MA Page 49 of 65 vehicle washing facilities, drive-in restaurants, residential uses, motor vehicle towing, motor vehicle storage services and adult entertainment uses. (2) Office uses, including research and development activities. (3) Business and professional services. (4) Financial, insurance and real estate services. (5) (Reserved)Editor's Note:Former Subsection C(5),Child day-care,preschool or nursery school,was repealed 9-18-2003 by Ord. No.03-34, (6) Communications, telecommunication uses, call centers and telemarketing uses. ' (7) Recreational and sporting uses, including instructional and commercial uses, excluding sports assembly. (8) Aviation or aviation services. (9) Retail sales only as an accessory to a permitted principal use. (10) Accessory uses. D. The following principal uses shall be allowed by special permit from the Board of Aldermen following a determination by the Board of Aldermen that such use can be integrated into the accepted development scheme and surrounding developed area: (1) Educational services. (2) Eating and drinking places, with or without the consumption of alcohol, as a principal use. (3) Warehouse and distribution. (4) Sports assembly. - (5) Riverfront activities,which shall consist of fishing piers and nonmatorized boat launches. • E. Dimensional and density requirements. [Amended 5-20-2003 by Ord. No. 03-181 (1) The minimum tract size shall be six acres for projects consisting of more.than one principal structure. The minimum parcel size within said tract for a principal building shall be 50,000 square feet. (2) The maximum height of structures shall not exceed three stories or 45 feet, excluding projections above the third story for ventilators, elevators, cooling towers, antennas and mechanical equipment. Such features shall not exceed 25% of the roof area nor extend 15 feet above the roof level. (3) .The maximum aggregate building coverage shall not exceed 33%of the total parcel area. (4) The minimum parcel frontage shall be 125 feet for a single building parcel and 150 fleet for a parcel with multiple buildings. (5) The minimum setback from any interior park street line shall be 50 feet. The minimum setback from streets exterior to the park shall be 75 feet. No structure, parking area or service yard shall be permitted within the first 50 feet of the front setback areas as measured from the street line. Pedestrian walkways, bikeways, driveways, utilities, including storm drainage facilities, plantings and passive use amenities are allowed within all setback areas. (6) Minimum rear and side setbacks for principal structures shall be 45 feet. However, when rear, side or front yards abut residentially zoned property the setback to principal structures shall be a minimum of 150 feet as measured from the residential property fine.A mixed conifer buffer area shall be planted and maintained abutting the residentially zoned property. The minimum height of the plantings shall be six feet when initially planted. (7) Buffer area/screening. No permanent construction of accessory structures and/or any parking areas shall be permitted within 100 feet of any abutting land zoned for residential purposes as measured from said residential property line. Any principal or accessory building or use, including parking or storage facilities,abutting land zoned for residential use shall be screened by either a solid wall, earthen berm or a fence, which shall be enhanced by a mixed conifer planting area which shall be no less than six feet in height when erected and planted. All outdoor storage shall be screened from view. All required screenings shall be maintained in good condition at all times or replaced. Pedestrian walkways, bikeways, driveways, utilities, including storm drainage facilities, plantings and passive use amenities are allowed within all buffer areas. http://www.e-codes.gencralcode.com/searchresults.asp?cmd=getdoeTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 50 of 65 (8) No accessory structure, parking area or service yard shall be permitted within 15 feet of a side or rear lot line except where a common driveway is shared by adjoining parcels. (9) Corner lots shall comply with a minimum setback of 50 feet from all interior street lines and 75 feet from streets exterior to the project. (10) No more than 70%of the total tract or any subdivision thereof may be rendered impervious, excluding streets. An adequate stormwater management system shall be designed and constructed in accordance with provisions of this chapter. In cases where a stormwater system cannot accommodate 70% impervious coverage, then the impervious coverage must be reduced to coincide with the stormwater system's capabilities. In no case shall the total impervious coverage of any parcel exceed 70%within the IPUD. F. Nondimensional requirements. (1) The Industrial Planned Unit Development, Type II, shall be served by both sanitary sewer and public water distribution systems. (2) All impervious surfaces shall provide for adequate drainage of stormwaters. Site stormwater drainage systems shall be designed for two-and ten-year, twenty-four-hour storm events. Drainage calculations prepared by a licensed Massachusetts professional engineer shall be provided for the two-, ten- , twenty-five- , and one-hundred-year storm events. Post-development peak discharge rates of the total tract shall not exceed pre-development rates of the tract, either at the point of discharge or the down gradient property boundary. (3) Minimum parking requirements shall be as follows: (a) No parking space shall be less than 8 112 feet in width and 17 1/2 feet in length. All parking spaces shall be property lined and maintained. (b) All aisles shall provide acceptable clearance for fire and emergency vehicles. The typical aisle width shall be 26 feet unless otherwise approved by the City Fire Chief. (c) Continuous parking areas over two acres in size shall be divided by landscape areas. Such parking areas shall have storage areas for snow removal purposes. All parking shall be designed using current stormwater management practices and on-site stormwater retention/detention facilities shall be provided to control downstream and off-site flooding and erosion. (d) All parking areas shall provide for adequate drainage of stormwaters as referenced in Subsection F(2). (e) Driveways connecting off-street parking to streets shall have a minimum curb radius of 25 feet. The closest curbline of any driveway shall be offset from the curbline of all adjacent streets and driveways a minimum of 35 feet. Vehicles exiting from parking areas shall have an unobstructed view of 300 feet in either direction insofar as possible. (f) Lighting. All required off-street parking shall have adequate lighting. Lighting shall be installed so that it does not cause glare onto residential properties or interfere with the safe operation of motor vehicles on abutting roads. (g) Maintenance of parking areas. All parking areas shall be maintained in an attractive manner and kept clean and free of snow, refuse and debris. All site stormwater drainage systems shall be maintained as designed and approved. All parking areas shall have a dust-free surface; the use of dirt, gravel, trap rock or screenings as a final wearing surface is prohibited. (h) The number of parking spaces to be provided shall be calculated in accordance with § 275-40J (3). (4) Landscaping. (a) Industrial Planned Unit Development, Type II, shall be landscaped in such a manner as to provide an aesthetically pleasant and cohesive environment. (b) The placement and design of the landscaping shall target functional areas, such as site entrances, signs, parking areas and building entrances. These plantings shall integrate the project with the natural existing environment through the enhancement and retention of existing plantings and the use of native plant species. Quality existing plantings should be maintained wherever possible. (c) The minimum number and type of plantings required for noncorner lots or sites shall be http://www.e-codes.generalcode.com/seaxchresults.asp?cmd=getdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 51 of 65 calculated as follows. In all cases, native species are recommended. [1] Three trees(two-inch caliper or more)for every six parking spaces for the first 80% of the spaces provided. [2] Three trees(two-inch caliper or more)or six shrubs (eighteen-inch to twenty-four-inch height and spread)for every six parking spaces in the remaining 20% of the spaces provided. (d) If the IPUD, Type II, is located on a corner lot, then the minimum number of plantings required shall be as follows. In all cases, native species are recommended: [1] Four trees (two-inch caliper or more)for every six parking spaces for the first 80% of the spaces provided. [2] Four trees(two-inch caliper or more)or eight shrubs (eighteen-inch to twenty-four-inch height and spread)for every six parking spaces in the remaining 20% of the spaces provided. (5) Loading docks and facilities for receiving, handling and shipping by rail and surface shall be located on those sides of each building which do not front on a street, insofar as possible. Screening, either natural or man-made, shall be provided and maintained for these areas in all cases. (6) Outside storage may not exceed 2% of the area of the principal building. The use of trailers or trailer bodies for temporary or permanent storage is prohibited. Only construction trailers are exempt from this provision and then only for a limited time period approved by the Building Commissioner. Construction trailer locations shall be approved in advance by the plan review committee established hereafter. (7) Signage may be provided as follows: (a) Attached signs. Signs on the exterior wall of each building shall not exceed one square foot in area for every five linear feet of building frontage occupied by a tenant; no single dimension shall exceed seven feet. No attached sign shall be greater than 42 square feet in area. Each tenant shall have only one attached sign.Attached signs shall not project more than one foot from the building wall and shall not extend or project above the top of the wall to which they are attached. No sign shall project into or over a sidewalk in such a manner as to endanger the health and safety of pedestrians. (b) Freestanding signs. Freestanding signs shall be no larger than 42 square feet in surface area, with no dimension larger than seven feet. The top of any freestanding sign shall not exceed 12 feet above the ground level at the base of said sign. No freestanding sign shall be located within 35 feet of the street pavement edge. No more than two freestanding signs for each building within the IPUD, Type 11, shall be allowed. (c) Prohibited signs shall be as follows: [1] Any sign, artificial light or reflecting device connected or used with a sign or otherwise located or displayed where such light competes for the attention of the driver of a vehicle or may be mistaken for a traffic signal. [2] Flashing and rotating or blinking signs or optically projected slide signals which are changed periodically. [3] Lights with such brightness as to cause glare to roads or neighboring businesses or residences. [4] Strings of lights or flag-like devices hung from any part of a building or residence. [5] Billboard signs. (8) Finish construction. The exterior walls of each building are to be finished with quality metal panels, stone, brick, block or other materials exhibiting aesthetic and durable qualities. G. Project review. Development of any property designated IPUD Type II shall proceed as follows: (1) Designation of a tract as IPUD 11 zoning is subject to zone change and special permit approvals granted through the Board of Aldermen. (2) The developer shall submit to the City Planning Board a Master Plan, Development Plan and http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 52 of 65 Development Restrictions. New road construction shall be subject to Chicopee Planning Board review and approval in accordance with current subdivision regulations of the City of Chicopee. Subdivision proposals shall incorporate the Master Plan, Development Plan and Development Restrictions or Covenants. (3) Development of individual sites within any IPUD, Type II project shall be subject to site plan review. Site plan review shall be conducted by a committee consisting of department heads from Planning and Development, Building, Public Works, Water, Fire and the CELD Plant Manager. This Committee shall, with input from other City departments as it deems necessary, review, approve or require amendments to site plans prior to the issuance of a building permit by the Building Commissioner. Site plans shall be consistent with the approved Master Plan, Development Plan and Development Restrictions or Covenants. Plan submission requirements shall be established by the 1PUD Type 11 Site Plan Committee. (4) Any IPUD Type II project shall meet all other review and approval requirements established by ordinance. H. Hazard restrictions. No permitted use shall create any dangerous, injurious, noxious or otherwise objectionable conditions. Permitted uses shall not create flammable, explosive, radioactive or other hazardous environments or conditions. Noise, vibration, smoke, dust, odor or other forms of air pollution and electrical or other disturbances, glare or heat or other conditions shall be prohibited if they adversely affect the surrounding area. §275-64. Floodplain Overlay District. A. Purpose. The purpose of the Floodplain District is to promote sound management and appropriate use of land subject to periodic flooding; to protect the public health and safety of persons and property against the hazards of flooding; and to ensure the city's compliance with the rules and regulations of the Federal Insurance Administration so as to assure the city's continued eligibility for participation in the National Flood Insurance Program. B. Establishment of districts. The boundaries of the Floodplain Districts shall be determined to be Floodplain Zone A. Al -30 on the Flood Boundary and Floodway Map and the Flood Insurance Rate Map, as included in the report entitled "Flood Insurance Study for the City of Chicopee, Hampden County, Massachusetts," as prepared for the Federal Insurance Administration. This study, including said maps, is hereby adopted by reference and declared to be a part of this chapter. Editor's Note:The Floodplain Maps are on file in the office of the City Clerk.The Flood Insurance Study shall be kept on file in the Department of Planning and Development. The Floodplain District shall be considered as overlying other zoning districts. C. Use regulations. The following uses shall be permitted within the Floodplain District: (1) Conservation of soil, water, plants and wildlife, including wildlife management shelters. (2) Outdoor recreation, including but not limited to play areas, nature study, boating, fishing and hunting where otherwise legally permitted, (3) Foot, bicycle or horse paths and bridges, provided that such uses do not affect the natural flow pattern of any watercourse. (4) Agriculture of all types. (5) Forestry, landscaping, lawns and fences. (6) Uses allowed in the underlying district, except mobile homes and mobile home parks and subject to the conditions in Subsections D through G. D. Building permits. In the Floodplain District, a building permit may be granted for the construction or substantial improvement of any use or structure, subject to the following conditions: (1) Nonresidential structures shall have the lowest floor, including basement, elevated to or above the base flood level or be floodproofed to or above that level. Where floodproofing is used in lieu of elevation, it is required that certification by a registered engineer or architect that the floodproofing methods used are adequate to withstand the forces associated with the base flood be submitted in writing to the Building Commissioner. (2) Residential structures shall have the lowest floor, including basement, elevated to or above the base flood level. http://www.c-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 53 of 65 (3) All new construction, substantial improvement or other development, including.fill, is prohibited in the floodway. Boat marinas and other accessory uses to water recreation may be allowed, provided that such construction must not raise the base flood level nor impede the flow of the one-hundred-year flood. (4) Any permitted structures and any portable structures, vehicles or vessels which are permitted shall be fully anchored against both flotation and currents, (5) When base flood data has not been provided in accordance with Subsection B, the Building Commissioner shall obtain, review and reasonably utilize any base flood elevation data available from federal, state and other sources as criteria for meeting the standards of this section. E. Required permits(state, local and federal). No development shall take place in any flood hazard district until all necessary local, state and federal permits have been obtained and evidence of such permits has been submitted to the Building Commissioner. F. Utilities. (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system. (2) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwaters. (3) On-site waste disposal systems shall be located to avoid impairment or contamination from them during the flooding. G. Site plan approval. (1) Seven copies of a site plan at a scale of one inch equals 40 feet shall be submitted to the Building Commissioner. The site plan shall show the following: (a) The location, boundaries and dimensions of each lot. (b) Two-foot contours of the existing and proposed land structure. (c) The base flood elevation. (d) The location of existing and proposed structures,watercourses, drainage easements, means of access, leaching fields, drainage and sewage disposal facilities and other facilities. (2) The Building Commissioner shall forward a copy of the site plan to the City Engineer, Highway Department, Water Department, Department of Planning and Development, Electric Light Department and Conservation Commission for review. The Building Commissioner shall not take final action on such plan until he has received a report thereon from said Departments and Commissioners or until said Departments and Commissioners have allowed 15 days to elapse after receipt of such plan without submission of a report thereon. (3) Records of the actual elevation, in relation to mean sea level, of the lowest floor and/or level of floodproofing, as well as certification of floodproofing, shall be maintained by the Building Commissioner, to be available for public inspection. (4) The City Engineer shall provide bench marks, as needed, when requested by the Building Commissioner. H. Alteration of watercourses.Adjacent communities, the Lower Pioneer Valley Regional Planning Commission and appropriate state agencies, specifically including the Massachusetts Division of Water Resources, shall be notified prior to any alteration or relocation of a watercourse, and evidence of such notification shall be submitted to the Federal Insurance Administration. Such alteration or relocation shall not diminish the flood- carrying capacity of said watercourse. I. Distance requirements. For the purposes of the distance requirements specified in this Zoning Ordinance, measurements shall be from boundary to boundary or from the outer limits of the boundary from one district to the outer limits of any of the boundary or district involved. [Added 4-15-1997 by Ord. No. 97-21] §275-65. Mixed Use MXD District. [Added 7-6-19891 A. General provisions, 1 The purpose of the Mixed Use MXD District is to provide for large-scale developments of at least 50 http://www.e-codes.generalcode.com/searchresults.asp?cmd—geidocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 54 of 65 acres gross with flexibility and high standards which are master-planned within the bounds of a district and which require a minimum of three allowable land uses situated in locations favorable to the accommodation of such projects. The district,while originally owned by one entity, may, during development phases, be subdivided into smaller lots for specific uses allowed within this district or for conveyance purposes. Consistent with this purpose, uses in a Mixed Use District shall be subject to the following provisions, in addition to those contained elsewhere in this chapter. In all instances, the requirements of the Chicopee Subdivision Rules and Regulations will be followed. (2) Development shall be guided by an approved master plan and through the use of the special permit review process. (3) By the use of the public review and planning powers, the provisions of this section also shall be intended to do the following: (a) Help create major new residential and mixed-use areas in planned locations at appropriate densities, heights and mixtures of uses. (b) Encourage the preservation and rehabilitation of structures of merit in the district. (c) Encourage areas devoted primarily to pedestrians by separating pedestrian and vehicular circulation patterns and by requiring off-street parking spaces in accordance with this objective and with the objectives of specific area plans. (d) Encourage flexibility in architectural design and building bulk, provided that the designs and building bulk shall be compatible and harmonious with adjoining development over the district as a whole. (e) Make recreation areas more accessible to the district's residents and visitors. (f) In a variety of ways, create environments conducive to a higher quality of life and environment for residents, businesses, employees and institutions in the City of Chicopee, as specified in the district plans and policies. (4) In certain areas, as designated now or in the future by public plans and policies, a mixture of uses and building densities shall be intended to promote and protect the public health, safety, convenience, order, prosperity and general welfare of the community as best accomplished by the MXD District. (5) No building or premises shall be used and no building shall be erected or altered that is arranged, intended or designed to be used, except for one or more of the uses listed in Subsection B. B. The following uses shall be permitted as a matter of right in the MXD District: (1) Dwellings or multiple dwellings. (2) Community centers. (3) Hotels or inns. (4) Churches, synagogues or other places of worship or religious use. (5) Offices. (6) Private trades, businesses, professional or technical schools or colleges or other educational institutions or uses. (7) Private clubs, restaurants or fast-food restaurants, provided that a fast-food restaurant shalt not include a drive-through. (8) Artist's studio. (9) Private or public theaters. (10) Recreational buildings or uses. (11) Parks or open spaces. (12) Municipal government or institutional uses. (13) (Reserved)Editor's Note: Former Subsection B(13),Day nurseries,nursery schools,kindergartens and day-care centers, was repealed 9-18-2003 by Ord. No.03-34. (14) Outpatient or inpatient hospitals, surgical centers or medical facilities. (15) Nursing homes or congregate-care or life-care facilities. http://www.e-codes.gencrateode.com/searchresutts.asp?cmd=getdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 55 of 65 (16) Medical office buildings, clinics or testing laboratories. (17) Business, commercial or office buildings with or without dwellings above the first floor. (18) Light manufacturing, assembly or other light industrial or research operation. (19) Warehousing. C. The following uses shall be specifically prohibited in the MXD District: (1) Outdoor, animal kennels. (2) Car washes, as a principal use. (3) Chemical manufacturing, storage or distribution. (4) Drive-in establishments (any establishment where goods or services are rendered directly to , occupants of motor vehicles while in the vehicles). (5) Enameling plating or painting (except an artist's studio), as a principal use. (6) Material salvage. (7) Outdoor advertising or billboards, as a principal use. (8) Open outdoor material storage. (9) Packing or crating operations, as a principal use. (10) Commercial parking lot. (11) Gasoline service stations or repair service stations. (12) Smelting or rendering. (13) Carting, express, moving or hauling terminals or yards, except a cooperative central delivery or pick- up system for goods or merchandise solely to serve businesses in the area. (14) Any heavy industrial uses. (15) Sexually oriented business establishments. D. Applications to the MXD are limited to those districts of 50 acres gross or more. E. Application process and requirements; concept plan. (1) An MXD shall require the issuance of a special permit by the Board of Aldermen. Procedures for consideration of the special permit application shall be in compliance with those set forth in MGL C. 40A, §§ 9 and 11. (2) Prior to submittal of a formal application and to minimize expense and delay for the developer, the Planning Board requests the presentation of informal drawings of the MXD at a regular meeting of said Board.The Board and the developer may review such pencil sketches and informal drawings, without prejudice, to identify potential areas of concern and agreement. This meeting does not need to be advertised as a formal public hearing. (3) An application for a special permit shall be submitted to the Board of Aldermen, accompanied by 25 copies of the following additional documents: (a) A master plan, conceptual in nature, that explains the purposes, goals and objectives, estimated time of completion and phasing if required. (b) A development plan, which shall be functionally equivalent to a preliminary plan under the Planning Board's Subdivision Rules and Regulations. (c) A statement and description of the location, amount and intensity of proposed land uses. (d) An assessment of on-and off-site pedestrian and traffic patterns relating to the proposed project and general conditions and solutions for any problem areas identified. (e) A description of the intended open space areas, to include permanent open space, landscaped areas and environmentally sensitive areas. (f) A plan view of the overall project indicating the general location of proposed structures, roads and parking, as well as existing topography, wetlands and any other significant features. http://www.e-codes.gencralcode.com/searchresults.asp?cmd=getdocTof C&index=l 214_A... 1/29/2007 F_ General Code E-Code: City of Chicopee, MA Page 56 of 65 (g) The proposed locations of buildings and a statement of the proposed uses within the MXD, their location therein and the conformance of such uses with the Zoning Ordinance. (h) The identification of wetlands resource areas as defined by MGL C. 131, §40. (i) A description of vegetation, important natural features, stone walls and wildlife habitats. Q} A discussion of the type of sewage disposal system, water supply lines and sources, electrical lines and other utilities. (k) A discussion of site drainage methods and layout. (1) A conceptual discussion of road layout and construction details. (m) Where requested by the Planning Board, a traffic impact report prepared by a professional traffic engineer and paid for by the applicant. (n) If the MXD does not require subdivision of land, an environmental assessment shall be submitted pursuant to the Subdivision Regulations. (4) Nothing in this provision shall be deemed to waive the requirements for submission of a definitive plan for the subdivision of land,where applicable. F. Procedural steps. Within five days after receipt of the application for approval of a concept plan, the Board of Aldermen shall transmit a copy thereof to the Planning Board, Board of Health, Conservation Commission, Public Safety Committee, Building Department, Engineering Department, Department of Public Works and Water Department.The Boards and}or officer shall review the application and submit their comments, in writing, to the Board of Aldermen within 21 days. Failure of these Boards to comment within the 21 days shall be deemed to be lack of opposition. The Board of Aldermen shall not take final action until receipt of these comments or said 21 days have elapsed. The Board of Aldermen shall approve or disapprove the concept plan within 60 days of the receipt of the application for approval. If the Board fails to take action within said sixty-day period, then the concept plan shall be deemed approved by the Board. G. Approval of the special permit. Approval of the special permit will be based upon the following: (1) Whether the proposed uses further the objectives of the Mixed Use District. (2) The relationship of the proposed uses to other planning considerations for the area and the City of Chicopee as a whole, including the plans, programs and policies of other departments and agencies of the city. (3) The impact of the proposed concept plan, including the relationship of different uses on the site. (4) Consideration of the traffic to be generated and its impact. (5) The location and design of vehicular access and parking facilities. (6) The number of parking and loading facilities. (7) The treatment of open space. (8) The availability of sewer and water capacities. (9) The impact on air quality. (10) The potential noise from commercial, industrial and traffic sources. (11) An assurance that all permits or licenses that may be required by federal, state or local law have been obtained or will be obtained before construction proceeds. H. Site plan approval process. (1) A site plan submitted for review shall conform to the concept plan for which approval has been issued by the Board of Aldermen. If the Planning Board determines that a substantial change has occurred in the concept plan, it shall require a new plan for which approval by the Board of Aldermen must be obtained. A substantial change shall include one or more of the following: (a) An increase of more than 10% in the floor area ratio. (b) Changes in proposed use categories or types. (c) A location change of any proposed use which, in the opinion of the Planning Board, has a significant impact on the project as master-planned. httpJ/www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 57 of 65 (2) Within five days after receipt of the application by the Planning Department, the Department will forward copies to the City Engineer, Board of Health, Fire Department, Police Department, Conservation Commission, Water Department, Building Commissioner and the Department of Public Works, which shall review and submit comments to the Planning Board. Failure of these Boards to comment within 21 days of the referral of the application shall be deemed to be lack of opposition. Simultaneously, the Department will forward a copy of the application form to the Mayor and the Board of Aldermen. (3) The Planning Board shall hold a public hearing within 65 days of the receipt of an application and shall take final action within 90 days from the time of hearing, unless an extension is mutually agreed upon by the applicant and the Board. All costs of the notice requirements shall be at the expense of the applicant. (4) Any application for use requiring said approval and site plan review shall otherwise conform to the requirements of the site plan review process of the city. I. Required site plan contents. All plans submitted for site plan review and approval under this section shall be prepared by qualified professionals, including a registered engineer, registered architect and/or registered landscape architect, and shall include the following items and information: (1) A site plan at a scale of one inch equals 20 feet or other scale acceptable to the Planning Board, which indicates, at a minimum,the following: (a) The location and boundaries of the district and the location of existing and proposed structures. (b) The existing and proposed topography, including contours and the location of wetlands, streams, water bodies, drainage swales, areas subject to flooding, easements and unique natural land features. (c) The existing and proposed location of water, storm and sanitary sewer systems and other public utilities on and adjacent to the site. (d) The location of parking and loading areas,driveways,walkways and access and egress points. (e) The location, dimensions, height and characteristics of proposed signs and lighting. (f) The location of proposed open space or recreation areas. (g) An indication of all yard requirements. (h) Any plans for phasing of the development. (2) A landscape plan showing the limits of work, existing tree lines and all proposed landscape features and improvements, including planting areas with size and type of vegetation. (3) A locus plan showing the entire project and its relation to existing areas, buildings and roads for a distance of 1/4 mile from the project boundaries or such other distance as may be approved by the ' Planning Board. (4) Building elevations at the scale of 118 inch or 1/4 inch equals one floor or perspective drawings, showing typical elevations. (5) A brief accompanying report which: (a) Summarizes the content of the detailed site plans and development phasing. (b) Highlights key development constraints and issues requiring resolution and/or mitigation. (c) Shows the intended methods of open space protection. J. Site plan review criteria shall include: (1) Evidence that the development will be integrated into the existing terrain and surrounding landscape and shall be designed to protect abutting properties and community amenities. (2) Evidence that the development will be served with adequate parking, drainage, water supply and waste disposal systems. (3) Evidence of adequate parking and vehicular and pedestrian movement within the site and in relation to adjacent ways. (4) Assurance that outdoor lighting, including lighting on the exterior of a building or lighting in parking http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 58 of 65 areas, is arranged to minimize glare and light spillover to neighboring properties. K. Modifications. Before approval of a site plan, the Board may request the applicant to make modifications in the proposed design of the project to ensure that the above criteria are met. L. Final action. The Planning Board's final action shall consist of either approval or disapproval. Prior to granting approval or disapproval, the Planning Board shall make a written finding with documentation supporting its final decision. Upon rendering a decision, the Planning Board shall forward a copy of said decision to the City Clerk, Building Commissioner, Mayor and Board of Aldermen. M. Use restrictions. (1) Commercial and office uses. (a) Business and professional offices may include multiple uses or a unitary corporate user within a single structure. (b) Ancillary commercial uses are permitted within a single office building as long as they are wholly contained within the office structure and are predominantly intended to service the employees or businesses in the structure. Such uses may include but are not limited to a snack bar, convenience store, eating/drinking establishment, branch bank and/or automated teller station, barber-or beauty shop, travel agency and newsstand. Further restrictions are as follows: Size of Office Building Ancillary Commercial Uses (gross square feet) (maximum percentage) Up to 120,000 20 Greater than 120,000 10 (2) Hotels. Permitted ancillary facilities are conference meeting rooms, restaurants, lounges, small specialty or convenience shops and health clubs or other indoor recreation facilities. (3) Residential uses. (a) Attached row houses (townhouses)shall not contain more than 10 dwelling units per structure. (b) No other multifamily structure, with the exception of nursing homes, congregate housing or life- care facilities, shall contain more than 50 dwelling units. (c) A mix of single, duplex, townhouse and multifamily housing, each in a defined and approved area, is permitted, provided that the maximum of any one of the above categories is no more than 40% of the total residential use. In the case where there are two housing types, the maximum of one type is 60%of the total residential use. (4) Light industrial uses. Any industrial use shall be entirely contained within its own structure which shall be separate from any other structure. No outdoor storage of materials or products shall be permitted. (5) Retail and service businesses, commercial complex. (a) A commercial complex is a retail and service center of the MXD that is wholly contained within one or several contiguous buildings. (b) The gross square footage of all retail and service businesses will not exceed 5% of the gross square footage of the entire district. (c) All retail and service buildings will be located in a commercial complex with the exception of those described in Subsection M(1)(b). (d) The allowed uses in the commercial complex are: [1] Retail stores for merchandise but not for auto or truck sales or service. [2] Stationery or office supply stores. [3] Barber-or beauty shops. [4] Laundries. [5] Convenience food stores. [61 Shoe repair shops. http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdoeTofC&index=1214_A.., 1/29/2007 General Code E-Code: City of Chicopee, MA Page 59 of 65 [71 Bookstores. [81 Pharmacies. [91 Newsstands. [10] Eating or drinking establishments(nonfreestanding). [11] Government post offices. [12] Storefront medical clinics. [131 Travel agencies. [14] Other businesses of similar nature and scale. [15] Branch banks. (e) All residential units in the commercial complex are to be sited above the ground floor in a penthouse configuration. (f) Residential units in the commercial complex shall not exceed 50%of the total square footage in the commercial complex. (6) Churches and synagogues. Freestanding churches, synagogues or other houses of worship are allowed, provided that they have adequate off-street parking and a landscape buffer between their location and all surrounding uses. (7) Accessory uses. Accessory structures customarily incidental and subordinate to the principal uses identified in Subsection B shall be permitted. N. Overall dimension requirements. (1) The minimum district size is 50 acres gross. (2) The maximum floor area ratio for the entire district is 30%. (3) The maximum district coverage (buildings, parking areas, drives, roads and accessory structures) is 50%. (4) The district setback shall comply with the city's Subdivision Regulations for the use in question. (5) The maximum total impervious lot coverage will be in accordance with the following: (a) Residential: 40%. (b) Nonresidential: 80%. (6) The minimum lot size(when subdivided)will be as follows: (a) Nonresidential: two acres. (b) Single-family: 10,000 square feet. (c) Duplex: 10,000 square feet. (d) Any housing complex of 50 units or more will be allowed on 7,500 square feet per lot, provided that an equal amount of open space is provided contiguous to the complex and will remain open in perpetuity. Said open space will be configured so that its primary purpose is the recreational use for those persons in the complex. (7) The maximum units per acre for multifamily units is 20 dwelling units per acre. (8) Individual lot requirements shall be as follows: Minimum Maximum Frontage Minimum Minimum Minimum Height on a Way Setback Side Yard Rear Yard Use (feet) (feet) (feet) (feet) (feet) Office 40 150 50 20 25 Hotel 40 150 35 20 25 http://www.e-codes.generalcode.com/searchresults.asp?emd=getdocTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 60 of 65 Light industrial 40 200 50 20 25 Retail and service 40 150 30 20 25 Laboratory or testing, 40 150 30 20 25 office, educational or training facility Single-family, duplex 35 100 25 15 251 and townhouses Multifamily 40 100 25 20 251 Parking structure 40 150 30 20 20 Recreational structure 35 100 30 20 20 Church (not including 35 150 30 30 30 steeple) Accessory uses 35 NIA NIA 6 6 NOTES: 'Porches and decks may extend 10 feet into the permitted setback. (9) The distance between principal buildings shall be as follows: (a) Minimum distance set forth below or one-half( 112)the height of the structure, whichever is greater. [1] Nonresidential: 40 feet minimum. [2] Residential. [a] Single, duplex and townhouse: 25 feet minimum. [b] Multifamily: 35 feet minimum. [3] Accessory uses. no minimum distance required. (b) There shall be no minimum distance required between existing structures in a Mixed Use District. (10) Off-street parking and loading requirements. (a) Indoor recreation facilities shall have one parking space for every 10 members. (b) Townhouse complexes and multifamily structures shall have 2.0 parking spaces per unit. Congregate-care or life-care facilities shall have one parking space per two units. (c) The parking bay size is 8112 feet by 18 feet except in lots or structures containing more than 50 cars, in which case up to 50% of the spaces may be eight feet by 16 feet to accommodate smaller cars. (d) Commercial/retail facilities shall have one parking space per 250 square feet of public use. (11) Signage. The city's signage requirements shall apply. 0. Distance requirements. For the purposes of the distance requirements specified in this Zoning Ordinance, measurements shall be from boundary to boundary or from the outer limits of the boundary from one district to the outer limits of any of the boundary or district involved. [Added 4-15-1997 by Ord. No. 97-211 §275-66. Burnett Road. [Added 7-6-1999 by Ord. No. 99-79] A. No further business, commercial or industrial development shall occur on Burnett Road and any appurtenant street for a period of one year commencing on April 5, 2005, and terminating on April 6, 2006. [Amended 5- 16-2000 by Ord. No. 00-45A; 7-3-2001 by Ord. No. 01-56; 6-18-2002 by Ord. No. 02-31; 9-18-2003 by Ord. No. 03-33; 7-6-2004 by Ord. No. 04-72; 6-21-2005 by Ord. No. 05-150] B. The Board of Aldermen shall allow by special permit new construction and additions to existing buildings, provided that the requirements of Chapter 275 are complied with for the issuance of a special permit. http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 61 of 65 §275-67. Mill Conversion and Commercial Center Overlay District. [Added 8-3-2004 by Ord. No. 04-741 A. Purpose. The purpose of the Mill Conversion and Commercial Center Overlay District is to promote the economic health and vitality of the City by encouraging the preservation, reuse and renovation of underutilized or abandoned industrial properties and commercial centers through mixed-use development that includes compatible industrial, commercial, municipal, and residential uses. B. Designated districts. Riverfront Redevelopment District, adopted 2004.A map of the District is on file in the City Clerk's office and it is also identified on the Zoning Maps available in the Building Department and the Department of Planning and Development. C. Applicability. The Mill Conversion and Commercial Center Overlay District may be superimposed over any other district established in this chapter, subject to an approved zone change in accordance with the provisions of Chicopee City Code, §275-14. Land in the overlay district may he used for any purpose permitted in the underlying district and is subject to the underlying district restrictions. Exercise of Mill Conversion and Commercial Center Overlay District regulations is subject to a special permit from the Board of Aldermen in accordance with Chicopee City Code, §§275-9 through 275-13, and the additional submission requirements described in this section. All aspects of the project, including authorized uses, building occupancy, and intensity of use, shall remain in substantial conformance with the plans and other documents submitted to the Board of Aldermen as part of the special permit proceeding, unless modification of the special permit is authorized, after public hearing, by the Board of Aldermen. Wherever there is a conflict between the underlying zoning district regulations and the overlay district regulations, the overlay district regulations shall prevail. D. Review committee. (1) A review committee, hereby Overlay District Review Committee, shall be established to meet with developers prior to application for an overlay district or mill conversion or commercial center revitalization project within an established overlay district and to provide recommendations to the Board of Aldermen for overlay district zone change and special permit applications. (2) The Overlay District Review Committee shall consist of representatives from the following: (a) Site Plan Review Advisory Committee, which includes representatives from the following departments: Building, CEL (Chicopee Electric Light), Conservation, Fire, Health, Planning and Development, Police, Public Works (Highway, Engineering, Waste Water), and Water. (b) Office of Community Development. (c) School Department. (d) Assessor's Office. (e) Commission for the Disabled. (f) Member(s)of the Board of Aldermen, and any other City department, board, commission or agency representative requested by the Board of Aldermen. E. Permitted uses. (1) Within an overlay district,there shall be no restriction on combining different categories of use within the same building except any imposed by the State Building Code or other federal or state regulations. (2) Multifamily residential uses in conjunction with one or more of the uses by right in the underlying district. (3) Residential uses combined with studios with an emphasis on arts and crafts. F. Application procedure for establishing an overlay district. An overlay zone is a type of zoning district. To establish an overlay district zone, apply for a zone change in accordance with Chicopee City Code, § 275- 14, G. Application procedure for an overlay district project. An overlay district project takes place within a designated overlay district zone, subject to a special permit granted by the Board of Alderman. 1 ( Preapplication: The applicant is required to attend a preapplication review with the Overlay District Review Committee. Preapplication review meetings with the developer and representatives cited above will be coordinated by the Department of Planning and Development. The purpose of a preapplication review is to introduce the developer to the municipal staff members who will be reviewing the project and exchange information about the site and surrounds that may be applicable to the success of the project. This meeting is intended to save time for the developer and the City. At this http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTof C&index=1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 62 of 65 time the City may also determine if the scope of the project will warrant, at the expense of the applicant, a registered professional engineer or other professional consultant(s)to advise the Board of Aldermen on any aspect of the application.At the preapplication review,the applicant may outline the proposed project and seek preliminary feedback from the City. No formal filings are required for the preapplication review; however, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Overlay District Review Committee of the scale and overall design of the proposed project. (2) Application: The Board of Aldermen's authority to review special permits is established in Chicopee City Code, §275-9. Special permit applications under this section shall also include the following: (a) Number of copies: One original and 17 copies of a special permit application form available from the Department of Planning and Development shall be submitted to the Board of Aldermen. (b) Fees: [1] A nonrefundable special permit filing fee. [21 Engineering and/or consultant fee. If it has been predetermined that an engineering review fee shall be required, the applicant shall submit an engineering review fee in accordance with the Board of Aldermen Fee Schedule. The unexpended balance of the engineering , review fee shall be returned to the applicant within 30 days from issuance of approval or disapproval. To the extent that the engineering review fee shall prove insufficient to pay for the evaluation and review of the site plan by independent technical experts, the charges, if any, shall be billed to the applicant. The applicant shall pay all invoices submitted to him by the Board of Aldermen within 30 days. (c) Plans required: [1] Site plan and all supporting documents as set forth in Chicopee City Code, § 275-6. [2] Special features plan, showing vegetation, wetlands, perennial streams and ponds, waterways, waterfalls, canals and dams, trees of more than six-inch caliper, rock outcroppings, slopes in excess of 25%, existing and proposed trails and paths, open vistas, structures of historical importance, wildlife habitats, and proposed conservation and recreation areas. 131 Preliminary landscaping and architectural design, showing type, location and layout of buildings, typical elevations, as well as the general height, bulk and appearance of structures. Perspective drawings may be subsequently required by the Board of Aldermen. [4] Exterior lighting plan, showing existing and proposed exterior lighting, including building and ground lighting, locations, supports, mounting heights, and orientation. [51 Floor plan to scale for each floor of each building, indicating, if applicable, number of units; number of bedrooms; and proposed use of floor space. (d) Narrative report shall be submitted, including the following components: [11 Project summary. [2] Proposed development schedule. [3] Historical narrative prepared by a preservation consultant that includes the significance of the site, architecture and any important associated events or persons. [4] Details of erosion and sedimentation controls during and after construction. [5] Subsurface soil and water conditions that impact the project and methods to be used to overcome them. [61 Traffic impact study. [7] Impact to public sewer system. [8] Impacts to City water supply and distribution system. [91 Impacts to municipal and governmental services, including schools. [10] Projected net tax and other revenues over anticipated municipal costs should be submitted to estimate the total fiscal impact of the proposed project upon City resources. http://www.e-codes.generalcode.com/searchresults.asp?emd=getdocTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 63 of 65 [11] Information pertaining to any organization which the applicant proposes to form, where the development is to be a condominium or other ownership organization. [12] Copies of all proposed covenants, easements, and other restrictions which the applicant proposes to grant to the City. [13] Other information that the Board of Aldermen may reasonably require to assist in determining whether the applicant's proposed development plan meets the objectives of this section. H. Waiver.Waiver of application requirements:The Board of Aldermen may waive the submission of technical information or documents where the applicant demonstrates that, due to the simplicity of the proposal, such information is not necessary for or applicable to the Board of Aldermen's decision pursuant to this section. I. Review procedure. (1) Copies of applications, plans and supporting materials shall be distributed to the Overlay District Review Committee. Reviewers shall submit written recommendations to the Board of Aldermen within 14 days of receiving the special permit application. Failure to submit written comments to the Board of Aldermen within the designated time may be deemed a lack of opposition thereto. (2) The Board of Aldermen shall hold a public hearing, for which notice is given in accordance with Chicopee City Code, § 275-9, within 65 days of receiving the complete application. Hearing and decision dates maybe extended at the applicant's written request. J. New construction. No new building shall be constructed within a project except by special permit and in accordance with Chicopee City Code, §275-6. K. Standards for project submission and review. (1) Landscaping requirements: (a) Ornamental and shade trees are the preferred landscaping element for ease of maintenance, permanency, and contribution to environmental quality. Native trees and shrubs are encouraged because they are adapted to the region and support native wildlife. Guidelines for trees and shrubs suitable for Chicopee's urban environment are available in the Department of Planning and Development. (b) Screening of mechanical equipment, trash, and loading areas shall be provided through the use of walls, fences, and/or dense evergreen plant materials. (c) Berms may be used for screening along the street in conjunction with plant materials, if they do not compromise traffic or pedestrian safety. (d) Landscaping shall be provided for interior vehicular use areas to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular traffic. (e) The use of porous pavement and/or perforated brick or block shall be used to the extent feasible to increase on-site water retention for plant material, groundwater supplies, and to reduce problems associated with runoff. (f) Completion of the landscaping requirements may be postponed due to seasonal weather conditions for a period not to exceed six months from the time of project completion. (g) Landscaping and screening plant materials shall not encroach on the public walkways or roadways in a way that impedes pedestrian or vehicular traffic. (h) Shrubs or trees shall be maintained in a healthy condition or shall be replaced within one growing season. (2) Access. The principal roadway(s)within the site shall be adequate for the intended use and vehicular traffic and shall be privately maintained. There shall be sufficient site access for public safety vehicles. Buildings that do not have frontage on a street must provide access for emergency and service vehicles through the layout and design of driveways and interior service roads. (3) Parking. (a) Number of spaces: The applicant shall provide adequate parking to serve all anticipated uses on the property. The minimum number of parking spaces shall be computed using the parking http://www.e-codes.generalcode.con-/searchresults.asp?crnd=getdocTofC&index=1214 A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 64 of 65 requirements in Chicopee City Code, § 275-40. Where there is more than one category of use, then the number of spaces required shall be 70% of the sum of required spaces for each category of use. (b) Shared parking:The Board of Aldermen may allow a reduction of the required number of spaces by up to 50% if it can be demonstrated that two or more uses within a single development can share parking spaces. In determining the appropriate reduction, the Board of Aldermen may give consideration to the hours of operation and/or usage of the proposed uses within the development, the opinions of merchants, residents and municipal officials as to the adequacy of parking spaces within the surrounding area, as well as other relevant information. Parking spaces may be located either on or off the site. Applicant must show proof of space and indicate if the space is owned or leased. (c) Parking stall dimensions: A standard parking stall is nine feet by 18 feet. The Board of Aldermen may allow smaller spaces if they are demonstrated to be safe and functional. (d) Parking areas shall be screened from view from adjacent residentially zoned or occupied premises located outside the site, including public ways. (e) Parking lots shall be located to the rear or side of all buildings and shall not be located in front setbacks or in buffer areas. (f) In parking areas of 30 or more parking stalls, at least one shade tree of 2.5 inch or greater caliper complemented by shrubs and other planting material shall be planted for every 10 parking spaces. Adequate tree wells and irrigation shall be provided for all parking lot landscaping, (g) Pedestrian access is to be taken into consideration in parking lot design. The use of separate walkways is encouraged. (h) Paving: Paving shall be textured or of different materials at pedestrian crossings and walkways. The use of stone, brick or cultured stone pavers for entrance walkway borders is encouraged. The use of textured materials for walkway borders is encouraged. (4) Paths. The Board of Aldermen may require paths which shall be attractively designed with proper regard for convenience, separation of vehicular, bicycle and pedestrian traffic, adequate connectivity, completeness of access to the various amenities and facilities on the site and to pathways or sidewalks to adjacent sites. (5) Emergency systems. The project shall have an integrated emergency call, and/or telephone and/or other communications system for its residents and/or other tenants. (6) Appearance/architectural design. New construction: Architectural design shall be compatible with the historic character and scale of building in the neighborhood through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. (7) Noise, vibration, smoke, heat, glare, and odor. No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes odor, noise, vibration or excessive light, under standards set forth in the performance criteria in this chapter. (a) Noise. [1] Residential units shall be constructed so that interior noise levels do not exceed an LDN of 45 dB in any habitable room. [2] Commercial uses shall be designed and operated so that neighboring residents are not exposed to offensive noise, especially from traffic or late-night activity. [3] Common walls between residential and nonresidential uses shall be constructed to minimize the transmission of noise and vibration. (b) Vibration shall not be discernible to any human's sense of feeling for three minutes in any one hour for a total of 15 minutes in any one day, or producing an acceleration of more than 0.1 G. (c) Smoke shall not be visible beyond a shade darker than No. 1 on the Ringleman Smoke Chart. (d) Heat and glare shall not be discernible from the outside of any structure. (e) Odor, dust, and fumes shall be effectively confined to the premises or so disposed as to avoid air pollution. http://www.e-codes.gencralcode.com/searchresults.asp?cmd=getdocTofC&index-1214_A... 1/29/2007 General Code E-Code: City of Chicopee, MA Page 65 of 65 (8) Lighting. Lighting of the site shall be adequate at ground level for the protection and safety of the public in regard to parking lots, pedestrian and vehicular circulation. The glare from the installation of outdoor lights and illuminated signs shall be contained on the property and shall be shielded from abutting properties. Lighting structures shall be integrated with the site and surrounding uses. (9) Density. (a) The Board of Aldermen shall approve the number of proposed dwelling units upon consideration of impacts to City schools and services, traffic, adequacy of the site, and reports from the engineering or technical consultants employed by the Board of Aldermen, the Overlay District Review Committee and any other department, board or commission from whom the Board of Aldermen requests a report. (b) Number of bedrooms: The Board of Aldermen may ensure the diversification of dwelling units within a project by establishing the number of dwelling units with one, two, or three or more bedrooms. Not more than 10% of the dwelling units in any project shall consist of three or more bedrooms. L. Action by the Board of Aldermen. The Board of Aldermen may grant a special permit for a project if it determines that the proposed project complies with the requirements of this section. The Board of Aldermen shall consider the following when making its determination: (1) Degree to which the proposed project complies with the performance standards set forth in this section; (2) Suitability of the site for the proposed use(s); (3) Social, economic or community needs which are served by the proposal; (4) Impact on traffic and pedestrian flow and safety; (5) Adequacy of utilities and other public services; (6) Impact on the neighborhood visual character; (7) Impact on the natural environment; (8) Potential fiscal impact, including impact on City services, tax base and employment; and (9) Special permit evaluation criteria as set forth in Chicopee City Code, §275-9. http://www.e-codes.generalcode.com/searchresults.asp?cmd=getdocTofC&index=1214_A... 1/29/2007 AGAWAM SPORTS k � Boys and gins from f Agawam, Westfield & 1 W. Spfld., competed in f an indoor track meet ` Garrett Asselin of Agawam turns the comer during the mile.PAGE 11 R Running with Scissors Page 16 LS erving Agawam, West Springfield, Westfield & Southwick Reminder Publications photo by George Skovera City Council member clears up reported orted comments on Historic OverlayProposal By Erin O'Connor [vote] until I had more information." StaffWrrter The Historic Preservation Overlay District originally proposed by members of AGAWAM — "I was not in opposition but the Planning Board is an amendment that there was information that I needed to get would alter existing zoning laws for historic before I offered my vote on it and I was not parcels of land. able to get the information before the "Using `the old mill' [the former meeting," City Council member Robert E. Agawam Woolen Mill] as a specific Rossi said to Reminder Publications. example, it is going to make that property Rossi is speaking of a meeting Jan. 29 useable," Chairman of the Ordinance between the ordinance committee and the Committee Robert A. Magovern said, zoning review committee, two "Under the present zoning rules the only subcommittees of the City Council, in thing that the mill can be used for is which they voted to recommend a zoning industrial purposes and it doesn't suit the ordinance that would allow for the structure anymore. If converted to a designation of a Historic Preservation condominium the property can be made Overlay District in the city. marketable and that will give a tax base to Other publications reported Rossi as the town." the only committee member to vote against "It is more convenient and less costly recommending the Historic Overlay. Rossi for them to keep it[structure]than to tear it said he spoke with Reminder Publications down,"Rossi said. "What concerns me'is in an effort to clear up these reported what adverse effect it will have on the comments. community as a whole.What this ordinance "For the record," Rossi said. "The is attempting to do is the Planning Board minutes of the ineeting should clearly would take any zone in the town of indicate that I said before I vote I wanted Agawam where someone determines it a more information and I would not do that Please see HISTORIC OVERLAYon page 9 Historic overlay chairman of the Historical development." buildings that could have been "It could be opening up Commission,said. Cohen sited Connecticut and fitted into something had the Pandora's Box," Rossi said. Continuedfrompage l "I think of the good it will do Vermont as states in which this zoning allowed_ This is a step in "What happens when someone for the town it gives us the method has been used and has the right direction." wants to turn an old barn into a historical structure, they can then opportunity to save and utilize been successful. "If we don't do this then how hotel?" use it for the purpose of historic buildings for new and "It increases the value of that will we save .these buildings," The Historic Overlay is residential. I don't know where modern uses and maintain their building and it has been done in Cohen said. As far as funding for., expected to be voted on by the they are coming from with this?It historical development," Mayor other states," he said. "It worsts the developments Cohen said;. City Council within the next few seems a little hit contradictory in Richard A.Cohen said `Th"It is very very well in Connecticut and .` at is up to the individual weeks. important. It saves the integrity of Vermont and in the Enfield developer. We will certainly be terms,"Rossi.said the building and allows use for Bigelow Commons." willin to develo " "We support any measure 8 g g p• that will help-preserve a historic modern purposes. There is "The problem is that we have The. proposed zoning structure," David Cecchi' nothing negative about it lost so many properties up to this amendment has yet to go before . whatsoever. It is smart point," Magovem said. "So many the City Council for a full vote. Manners submit historic district 0 ordinance to Town Council By Kathy Shepard Staff Writer The Agawam PIanning Board has sent for approval from the Agawam Town Council an amendment to the town's zoning ordinances to create a Historic Preservation Overlay District. Planning Board members approved the amendment at their Jan.4 meeting. The ordinance to amend Chapter 180 of the Code of the Town of Agawam Article XVI, Historic Preservation Overlay District, would create an-`:gver- lay district "to allow for the conversion.:; of Agawam's historic structures while.. preserving the character of nearby resi- dential neighborhoods; encourages the preservation; reuse and renovation of : historic properties; to promote divem- fied housing opportunities and other uses such as mixed residential/commer- cial use, and/or a combination of such uses." Existing buildings converted under the terms of this article would not be subject to the underlying district's mini- mum lot area, minimum setbacks, maxi- Please see HISTORIC,page 2 Historic from page 1 Zoning Board of Appeals to grant spe- cial permits for particular uses of his- mum building height, or maximum num- toric structures and historic places to ber of stories. bring the uses into compliance with the The Planning Board and its chair- town's zoning codes. man, Dennis Hopkins, previously sub- That amendment would have set a mitted a similar_amendment to the coun- precedent for application requiring posi- cil but the new version makes the Town tive votes and reports from several Council the special granting authority boards and commissions in Agawam. and streamlines the permitting process. At an August 2006 meeting of the The zoning amendment would also council, it was noted by several coun- limit the uses for eligible historic struc- cilors that by granting permission for tures to residential uses, including bed The Old Mill to be made into condo- and breakfast facilities. The new draft miniums, a precedent would be set for intends to encourage preservation of his- various uses of historical buildings. toric structures while allowing some Also at that meeting, several coun- flexibility to use historic structures in a cilors expressed support of the resolu- way consistent with modern architecture tion's intent but wanted it refined to and purpose. reflect that the Town Council would Last year, the owners of the Old have the final say. Mill on Elm Street sought approval to The Planning Board's amended convert the building into condominiums. ordinance was read under new business Because the building is a historic struc- at Tuesday night's council meeting and ture,.an ordinance was proposed by the will be addressed under old business at Planning Board allowing the Agawam the council's Monday,Feb.5 meeting. ]LOCAIIJ MONDAY , JANUARY 29 , 2007 SECTION ' Groups to wei*gh p By BUFFY SPENCER early January meeting, the ment in order to encourage the conversion of Agawam's histor- warn Inventory of Historic bspencer@repub.com board voted to act as the peti- preservation of historic struc- is structures while preserving Structures prepared by the His- tioner for an amendment to the tures while providing the flexi- the character of nearby residen- torical Commission, as amend- AGAWAM-The Zoning Re- zoning ordinance creating a his- bility necessary to utilize tial neighborhoods; to encour- ed from time to time, including view and Ordinance Commit- toric preservation overlay dis- historic structures in a modern- age the preservation, reuse and buildings listed for which com- tees of the City Council will trict. day context,he said. renovation of historic proper- plete survey may be pending:or, meet jointly at 7 p.m. today to Ward said the new version "It is no longer feasible to use ties: to promote diversified be listed on or be within an area discuss a proposed Historic makes the City Council the spe- many larger historic structures housing opportunities and other listed on the National Register Preservation Overlay District. cial permit granting authority.It for their original use," Ward uses such as mixed residential/ of Historic Placed or subject of a The meeting will be at the also streamlines the permitting said. commercial use,and/or a combi- pending application for listing, Public Library. process and limits the uses for Language in the proposed or- nation of such uses." or has been determined to be eli- The council received a letter eligible historic structures to dinance includes, "'The purpose A historic structure or historic gible by the state for listing ei- from Travis Ward of the Plan- residential uses. of this Article is to create an place must meet one of these cri- ther individually or within a ning Board, saying that at an The board drafted the amend- overlay district to allow for the teria: be included in the Aga- district.