[HISTORY: Adopted by the City Council of
the City of Northampton 10-7-1999 (Ch. 27 of the 1977 Code), as amended 1-20-2011. Subsequent
amendments noted where applicable.]
The purpose of this chapter is to preserve and
enhance the pedestrian-scale character, culture, economy and welfare
of downtown Northampton by preserving historic and architecturally
valuable buildings and features, and by encouraging compatible building
design. Nothing in this chapter shall be construed as creating a new
responsibility for landowners to maintain their buildings.
[Amended 11-17-2011; 4-19-2012; 4-14-2022 by Ord. No. 22.058]
A Central Business and West Street Architecture
Ordinance is hereby established within the City of Northampton. The
ordinance (this chapter) shall regulate the Central Business-Core
District and the West Street District bounded as shown on an attached
map entitled "Central Business and West Street Architecture, City
of Northampton," and made part of this chapter. This chapter creates
an architecturally controlled district as envisioned by MGL c. 143,
§ 3A.
 |
[1]
Editor's Note: Former § 156-3, Central Business
Architecture Committee, was repealed 12-4-2014. See now the Administrative
Code, included in the City Code following the Charter.
A.
The Design Guidelines Manual, Downtown Northampton
Central Business District, 2022, as may be amended, is attached hereto
by reference. It shall be cited in this chapter as the "Design Guidelines
Manual."[1]
[Amended 4-14-2022 by Ord. No. 22.058]
[1]
Editor's Note: The Design Guidelines Manual is included at the end of this chapter.
B.
The Central Business Architecture Committee shall
have the authority to appoint a subcommittee or agent to act on behalf
of the full Committee for any action which does not require a public
hearing.
C.
After a public hearing and only with four affirmative votes, the Central Business Architecture Committee shall have the authority to adopt reasonable rules, regulations, and forms and to revise the Design Guidelines Manual to aid in the administration of this chapter, and to reclassify building types shown on the Central Business Architectural Ordinance, City of Northampton, Map attached to this chapter.
D.
Materials to be submitted for nonexempt projects shall
be provided in sufficient detail to determine the projects impact
and compliance individually and in context with the surrounding buildings,
and with respect to the Design Guidelines Manual. The Committee may
waive or clarify any of these requirements either as part of its rules
and regulations or in their review of a specific project. For all
nonexempt projects, unless waived by the Committee, the following
shall be provided:
(1)
Photographs of existing conditions, showing both detail
and context of area(s) to be altered. Photographs should include buildings
to be demolished and vacant areas to be developed.
(2)
Scale plans of proposed alterations, renovations,
or new construction sufficient to show all aspects considered under
this chapter.
(3)
Renderings or photographic or computer simulations
showing both detail and context of the area to be altered sufficient
to show all aspects considered under this chapter. For new buildings
and major alterations, this item shall be sufficient to see the entire
building, its details, and context from relevant viewpoints.
(4)
A list or full description of existing materials to
be altered and of proposed materials.
(5)
Detailed description of any financial hardship.
A.
The Central Business Architecture Committee Chair
or Committee designee and Director of the Office of Planning and
Sustainability or designee shall issue a certificate of nonapplicability
under this section for the following:
[Amended 12-7-2017 by Ord. No. 17.367]
(1)
The
reconstruction, substantially similar in exterior design and appearance,
of a building, structure or exterior architecture feature damaged
or destroyed by fire, storm or other disaster, provided that such
reconstruction is begun within one year after the event and carried
forward with due diligence.
(2)
Replacement
of a window with a new window of the same general design and appearance
but a change in materials when the parties find that the new windows
are identical in size to the old windows. Replacements shall not alter
sills, lintels or tops, and shall not incorporate mirrored glass.
(3)
Restoration
of features of the same general design and appearance as existed historically
on a structure when the Subcommittee finds that there is adequate
evidence to believe that the restoration is historically accurate
and the restoration will not damage outer historic features nor alter
the historic character of the building.
Such certification may also be requested, but is not required, for any of the exempt items in Subsection C below to provide an applicant documentation that a permit is not required.
B.
To request a certificate of nonapplicability under
this section, the applicant shall complete and file the appropriate
application form with the Northampton Office of Planning and Sustainability.
Within 14 days the Committee's duly authorized subcommittee or agent
shall issue such certificate if it finds that the application demonstrates
that the project is exempt under this section. If the Committee fails
to act within these time periods, an applicant may send a written
notice requesting the certificate. If the Committee still fails to
act the certificate shall be deemed to have been issued seven days
after the Committee's receipt of said notice. A denial of this certificate
may be appealed to the full Committee within 21 days of its denial.
[Amended 3-17-2022 by Ord. No. 21.355]
C.
The following elements are specifically exempt from
review by the Committee. The Building Commissioner shall issue permits
for this work only after determining that the project is exempt:
[Amended 12-3-2015; 12-7-2017 by Ord. No. 17.367]
(1)
Interior work, including features, arrangements or
use of other nonexterior elements.
(2)
Exterior architecture features not visible from a
public street, provided that they would not be visible even in the
absence of all freestanding walls and fences, signs, accessory structures,
and landscaping, and the rear of any buildings if the rear facade
does not abut a City street.
(3)
The ordinary maintenance, repair or replacement of
any exterior architecture feature which does not involve any change
of design or appearance.
(4)
Landscaping with plants, trees or shrubs.
(5)
Meeting any requirements certified by a duly authorized
public officer to be necessary for public safety because of an unsafe
or dangerous condition.
(6)
All ground signs, building signs and awnings except
those which could potentially alter or damage the building facade
to which they are attached.
(7)
Open terraces, walks, driveways and similar structures,
provided that such structures are substantially at grade level.
(8)
Wheelchair accessible ramps designed solely for the
purpose of facilitating ingress or egress of people with disabilities,
as defined in MGL c. 22, § 13A, provided that such ramps
are not more than one foot above original grade.
[Amended 3-17-2022 by Ord. No. 21.355]
(9)
Freestanding walls or fences that are not part of any other structure, when such walls or fences are allowed as of right by Chapter 350, Zoning. (No special permits or findings are required.)
(10)
Storm doors and storm windows, screens, window
air conditioners, rooftop solar panels that are not visible from a
street, lighting fixtures, and antennas, Satellite dish antennas with
a diameter of greater than one foot are not exempt.
(11)
Roof colors, paint and stain colors, and painting
of painted masonry and all nonmasonry structures.
(12)
Freestanding outdoor art, provided that such
art is not also a sign, does not alter any exterior feature protected
by this chapter in such a way that it cannot be readily repaired,
and is not also an integral part of the exterior facade of a building.
(13)
Alteration or renovation, but not expansion
or demolition, of any anomaly or transitional residential building,
based on its most recent classification, if developed in accordance
with the Design Guidelines and so long as the change does not reduce
the glazed area of any street-facing façade.
(14)
Alteration of the first-floor facade of any
theme commercial building, as defined in the Design Guidelines Manual,
that was built with glass covering a significant part of the first-floor
facade or has glass covering a significant part of the first-floor
facade when a permit for the proposed alteration is applied for, when
at least 50% of the altered first-floor facade will be glass installed
providing a view from the public right-of-way of the inside of at
least part of the building.
(15)
Alteration of the first-floor facade of any
landmark building, when the Committee finds that such alteration will
be in conformance with Design Guidelines Manual.
(16)
Temporary structures for up to 30 days.
(17)
Streets, sidewalks, utility poles and public
and utility infrastructure that is within the street right-of-way.
(18)
Any other classes of projects or construction
methods which the regulatory Committee has found, after a public hearing,
are appropriate for exemption after Committee review.
Except for activities exempted above, no building
or structure within the Central Business Architecture District shall
be constructed, altered, or demolished in any way without a central
business architecture permit from the Central Business Architecture
Committee issued in accordance with this chapter, nor, without such
a permit, shall such activities be issued a building permit or demolition
permit. (See also MGL c. 143, § 3A.)
A.
To apply for a permit, the applicant shall complete
and file the Committee's application form and file required submittal
materials with the Northampton Office of Planning and Sustainability.
[Amended 3-17-2022 by Ord. No. 21.355]
C.
The Committee shall hold a joint public hearing with
the Planning Board or Zoning Board of Appeals, as appropriate, for
any project that also requires zoning relief from those Boards, if
the applicant provides a written request for a joint hearing with
the application to both Boards, and if the applicant grants waivers
from statutory time limits, if necessary, to allow a joint hearing.
D.
The Committee shall follow the following process in
reviewing an application:
(1)
If the Committee finds that a project is exempt, it
shall issue a certificate of nonapplicability.
(2)
If the Committee finds that a project is compatible with the preservation of historic, architecture and pedestrian-scale character, under the terms of this chapter, it shall issue an central business architecture permit. The Committee shall not review elements of the project which are exempt under § 156-5, but shall determine that projects respect the details and the character of Central Business by considering the following:
(a)
Any element of the project or the project in its entirety shall be presumed to meet the standards necessary for approval if the Committee finds that it meets the Applicability and Design Guidelines sections in the Design Guidelines Manual as well as the applicable standards in § 350-21.7; and
[Amended 4-14-2022 by Ord. No. 22.058]
(b)
Any element of the project or the project in
its entirety not permitted under Subsection C(2)(a) above shall be
approved if the Committee finds that the project maintains and enhances
the Downtown Northampton Central Business District: Character Defining
Features in the Design Guidelines Manual, even if it does not meet
the Design Guidelines; and
(c)
In the event elements of the project or the
project in its entirety does not meet the above standards, the Committee
can waive some or all of the standards if such waiving will clearly
preserve and enhance the pedestrian-scale character, culture, economy
and welfare of downtown Northampton by preserving historic and architecturally
valuable buildings and features, and by encouraging compatible building
design.
(3)
If the Committee finds that owing to conditions especially
affecting the building or structures involved, but not affecting the
district generally, failure to approve an application will involve
a substantial hardship, financial or otherwise, to the applicant and
whether such application may be approved without substantial detriment
to the public welfare and without substantial derogation from the
intent and purposes of this chapter, it shall issue an central business
architecture permit.
(4)
If the Committee finds that none of the above apply,
it shall deny the central business architecture permit.
(5)
A landowner in the district or their representative
may request informal assistance from the Commission in planning alterations
or new construction. The Commission shall offer informal advice and
comments on any proposal. This advice, however, cannot be binding
on the Committee when they formally review an application for a certificate.
[Amended 3-17-2022 by Ord. No. 21.355]
Any issuance or denial of a permit by the Committee
may be appealed to the Northampton Planning Board, by an applicant
or other aggrieved party, provided that such appeal has been filed
within 21 days of the filing of said decision with the City Clerk.
The Planning Board shall limit its consideration of such an appeal
to considering errors of the Committee and shall need a two-thirds
vote of its members to overturn the action of the Committee. For the
purposes of this section, Planning Board associates may serve as full
Planning Board members in the absence or inability of the Planning
Board member to vote.
A.
The following
activities are exempt from West Street architecture review:
(1)
Interior
work, including features, arrangements or use of other nonexterior
elements.
(2)
Exterior
architecture features not visible from a public street, provided that
they would not be visible even in the absence of all freestanding
walls and fences, signs, accessory structures, and landscaping, and
the rear of any buildings if the rear facade does not abut a City
street.
(3)
The
ordinary maintenance, repair or replacement of any exterior architecture
feature which does not involve any change of design or appearance.
(4)
Landscaping
with plants, trees or shrubs.
(5)
Meeting
any requirements certified by a duly authorized public officer to
be necessary for public safety because of an unsafe or dangerous condition.
(6)
All
ground signs, building signs and awnings, except those which could
potentially alter or damage the building facade to which they are
attached.
(7)
Open
terraces, walks, driveways and similar structures, provided that such
structures are substantially at grade level.
(8)
Wheelchair
accessible ramps designed solely for the purpose of facilitating ingress
or egress of people with disabilities, as defined in MGL c. 22, § 13A,
provided that such ramps are not more than one foot above original
grade.
[Amended 3-17-2022 by Ord. No. 21.355]
B.
All regulated
activities will integrate buildings and landscape design with the
campus, the West Street streetscape and neighborhood, consistent with
the following principles:
(1)
Locate
new buildings along West Street in a manner that is densely developed,
oriented to the street and frames the street, enhances the streetscape,
and creates an urban, pedestrian-friendly corridor at the ground floor,
connecting downtown, the Smith/Green/West Street neighborhood, and
the Village at Hospital Hill. For buildings along West Street, among
the building alternatives considered will be massing and scale that
is similar to the existing residential scale, such as use of stepped-up
facades, bays, courtyards and other design options, and/or more urban-style
facades built near the sidewalk edge that include ground floors with
active uses.
(2)
Pay
particular attention to the campus/neighborhood interface; i.e., porous
facades facing public streets as well as inner campus; balance of
interior and exterior focus/views; sensitive siting and design of
back sides of buildings, dumpsters, loading docks, mechanicals, and
parking lots to support the urban corridor.
(3)
Minimize
new curb cuts onto public ways; i.e., limit new service access driveways
onto West Street.
(4)
Extend
pedestrian-focused Smith College core campus to Ford Hall and create
pedestrian pathways linking green spaces, buildings, streets, campus,
neighborhood, and the parking garage, considering elements such as
sidewalk width and street trees.
A.
Except
as noted above, no building or structure within the West Street Architecture
District shall be constructed or altered, in any way, nor shall new
off-street parking be constructed without a permit from the Planning
Board issued in accordance with this chapter, nor, without such a
permit, shall such activities be issued a building permit.
B.
To apply
for a permit, the applicant shall complete and file the application
form and file required submittal materials with the Northampton Office
of Planning and Sustainability. To provide consistency, even though
West Street architecture is distinct from zoning ordinances, the Planning
Board shall use the same public notice and time line requirements
for permit applications as are required under the State Zoning Act
(MGL c. 40A) for special permits. If the Board fails to act within
these time periods, an applicant may send a written notice requesting
the permit. If the Board still fails to act, the permit shall be deemed
to have been issued 21 days after the Committee's receipt of said
notice.
[Amended 3-17-2022 by Ord. No. 21.355]
