[HISTORY: Adopted by the City Council of the City of North
Adams 9-14-1965; amended in its
entirety 1-12-2016. Amendments
noted where applicable.]
[Ord. of 1-12-2016]
1.1.
This ordinance is adopted in accordance with the provisions of Chapter
40A of the General Laws, as amended, to regulate the use of land,
buildings and structures to the full extent of the independent constitutional
powers of municipalities in the general interests of public health,
safety and welfare, including but not limited to the following objectives:
1.1.1.
To prevent overcrowding of land, to secure safety from fire, flood,
panic and other dangers, to conserve health, to provide adequate light
and air, to avoid undue concentration of population, and to lessen
congestion in the streets;
1.1.2.
To facilitate the adequate provision of transportation, water supply,
drainage, sewerage, schools, parks, open space and other public requirements
and to encourage housing for persons of all income levels;
1.1.3.
To encourage the most appropriate use of land throughout the City,
including consideration of the recommendations of the Master Plan
adopted by the Planning Board;
1.1.4.
To conserve the value of land and buildings, including conservation
of natural resources and the prevention of blight and pollution of
the environment;
1.1.5.
To preserve and increase amenities by the promulgation of regulations
designed to:
(1)
Protect the City's significant environmental features such as floodplains
and flood-prone areas, wetlands, rivers, brooks, ponds, water resources,
woodlands, areas of scenic beauty and sites and structures of historic
importance.
(2)
Preserve the natural, scenic and aesthetic qualities of the community.
(3)
Minimize the adverse effects of development on the City's unique
environmental and historic features.
(4)
Further the objectives of the City's Comprehensive Plan.
(5)
Employ cooperatively the various measures taken by the municipal
agencies, under diverse legislative authority, including the State
Environmental Code, Wetlands Protection Act, subdivision control legislation
and the State Building Code, for the protection and enhancement of
the City's existing character and in the interests of the City's growth.
[Ord. of 1-12-2016]
2.1.
Division into districts: For the purpose of this ordinance, the City
of North Adams is hereby divided into the following classes of districts:
[Ord. of 10-22-2019]
Base Zoning Districts
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Residence Districts, comprising
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RU-1 (Low Density Rural Residential)*
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R-2 (Low-Medium Density Residential)
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R-3 (Medium Density Residential)
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R-4 (Medium-High Density Residential)
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R-5 (High-Density Residential)
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Affordable Housing Districts, comprising
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AH-1 (Affordable Housing)
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Business Districts, comprising
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B-1 (Local Business)*
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B-2 (General Business)
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CBD (Central Business District)
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S-1 (Service District)
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Industrial Districts, comprising
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I-1 (Industrial District)*
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Airport District, comprising
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AP-1 (Airport District)
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Windsor Lake Watershed District, comprising
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WLOD (Windsor Lake Overlay District)
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Urban Renewal Project Area, comprising
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UR-2 Western Gateway Heritage State Park
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Overlay Zoning Districts
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Floodplain Districts, comprising
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FP Districts
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Floodway Districts, comprising
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FW Districts
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Windsor Lake Watershed District, comprising
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Windsor Lake Watershed District
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Urban Renewal Project Areas
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Urban Renewal Projects, comprising
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UR-2 (Western Gateway Heritage State Park)
|
2.2.
Zoning Map: Said districts are as shown, defined, and bounded on
the map accompanying this ordinance entitled, "Zoning Map, City of
North Adams, dated October 2, 2019,” bearing the signatures
of the then-Mayor and City Clerk, and filed in the office of the City
Clerk. Said map and all explanatory matter thereon are hereby declared
to be a part of this ordinance. Said map shall replace the previous
“Building Zone Map,” dated December 28, 1956, and all
amendments made prior to October 2, 2019.
[Ord. of 10-22-2019]
2.3.
Zoning of streets: Zoning districts shall include the beds of streets
lying within them. When opposite sides of a street lie in different
districts, the boundary shall be deemed to be the center of the right-of-way.
2.4.
Location of district boundaries: Where a district boundary is clearly
shown on the Building Zone Map as following a lot line, such boundary
shall be deemed to coincide with the corresponding lot line as it
appears on the Tax Map of the City of North Adams on the date of the
adoption of such zoning district boundary. Where a zoning district
boundary is indicated by measurement, such boundary shall be measured
perpendicularly to the street line unless otherwise indicated.
2.5.
Land under water: Each district shall include the land lying under
any lake, pond or stream therein.
2.6.
Lots lying in more than one district: In the case of lots lying in
more than one district, the provisions of the less restrictive district
may be applied for a distance of not over 25 feet into the more restrictive
district, provided that such lot has frontage on a street in the less
restrictive district.
[Ord. of 1-12-2016]
3.1.
Use Regulations: No building or structure shall be erected or used and no premises shall be used except as set forth in the "Use Regulation Schedule" in Section 3.2.3.2. Symbols employed shall mean the following:
Symbol
|
Definition
| |
---|---|---|
A
|
Allowed, a permitted use.
| |
NP
|
Not permitted, an excluded or prohibited use.
| |
SP-Z
|
Use may be authorized upon issuance of a special permit by the
Zoning Board of Appeals.
| |
SP-P
|
Use may be authorized upon issuance of a special permit by the
Planning Board.
| |
*
|
Special conditions or limitations apply; see District Specific
Regulations to the right in the Use Regulation Schedule.
| |
-
|
Accessory uses marked with a dash are not explicitly permitted
in that district; however, the use may be allowed as an accessory
use that is customarily incidental to a permitted use in accordance
with Section 3.2B(6) as interpreted by the Building Inspector.
|
3.2.
Use Regulation Schedule: See "Appendix A" for the Use Regulation
Schedule.[1]
[1]
Editor's Note: Appendix A, Use Regulation Schedule, is included as an attachment to this chapter.
[Ord. of 1-12-2016]
4.1.
Compliance with ordinance: No land, building or premises, or part
thereof, shall hereafter be used, and no building or part thereof,
or other structure, shall be constructed, reconstructed, extended,
enlarged, moved or altered except in conformity with this ordinance.
No lot shall have an area, width or a front, side or rear yard less
than that set forth in the applicable paragraph hereof, except as
otherwise specifically provided in this ordinance. No building or
buildings shall occupy in the aggregate a greater percentage of lot
area, nor be greater in height, than as set forth in the applicable
paragraph hereof, except as otherwise specifically provided in this
ordinance.
4.2.
Dimensional Regulation Schedule: See "Appendix B" for the Dimensional
Regulation Schedule.[1]
[1]
Editor's Note: Appendix B, Dimensional Regulation Schedule, is included as an attachment to this chapter.
4.3.
Reduction of lot area or dimensions: No lot shall be diminished,
nor shall any yard, court, or any other open space be reduced, except
in conformity with this ordinance.
4.4.
One building per lot: Not more than one principal building shall
be erected on a lot unless each such building is served by access
determined by the Building Inspector, after consultation with the
Planning Board, to be functionally equivalent to that required under
the Rules and Regulations Governing the Subdivision of Land in North
Adams. In addition not more than one residential structure shall be
erected on a single lot except by special permit from the Planning
Board upon a determination that each building will have access which
is functionally equivalent to that required under the Rules and Regulations
Governing the Subdivision of Land in North Adams.
4.5.
Buildings to have access on street: Every dwelling or principal building
hereafter erected or moved shall be on a lot having frontage on a
street as defined in Section 13, Definitions.
4.6.
Required lot frontage: No building shall be built on any lot unless
such lot has the required frontage.
4.7.
Open space required for each building: Except as specifically provided
herein, no part of any yard or other open space required about any
building may be included as part of a yard or other open space required
for any other building.
4.8.
Projection into open spaces: Nothing in this ordinance shall prohibit the projection of not more than one foot into a required open space of pilaster, columns, belt courses, sills, cornices, or other similar architectural features, nor the planting or landscaping of such open spaces except as provided in Section 4.11 herein.
4.9.
Density of residential use: In no case shall the number of sleeping
accommodations exceed three per unit of land area appearing under
the heading "minimum lot area per dwelling unit" in residential districts,
rural districts and in all other areas of the City not serviced by
public sewer. In commercial districts, the total number of sleeping
accommodations on any lot shall not exceed seven for each unit of
land area appearing under the heading "minimum lot area per dwelling
unit" in the table applicable to the district in which such lot is
located.[2]
[2]
Editor's Note: Appendix B, Dimensional Regulation Schedule, is included as an attachment to this chapter.
4.10.
Accessory buildings: Accessory buildings, attached or detached, may
be located upon the lot, so as not to encroach upon any required front,
side or rear yard. Detached accessory buildings not more than 12 feet
in height and not used for human habitation or for the housing of
animals may be located in the required rear yard, and in so much of
the required side yard as lies not less than 75 feet from any street
line, provided that they are not less than four feet from any side
or rear lot line and provided further that they occupy in the aggregate
not more than 20% of the area of the required rear yard. By agreement
of the owners of adjacent lots, accessory buildings, with the same
limitation of use, height and area, may be located in the required
rear yard on the lot line, provided that the party or other walls
on the lot line are of masonry construction.
4.11.
Obstructions at street intersections: No fence, wall, hedge, shrubbery
or other obstruction to vision in excess of three feet in height shall
be placed or allowed to grow at street intersections within the area
formed by a line joining points on each front lot line 20 feet from
the intersection of the tangents of such streets.
4.12.
Use of land for access or parking: The use of land for access to
or for parking in connection with a use shall be considered to be
accessory to and part of such use, except that this provision shall
not prohibit access across a commercial district to a use lying in
an industrial district.
4.13.
Lots adjacent to a railroad: In the case of that portion of a lot
in a district other than a residence district, where contiguous to
a railroad right-of-way, no rear yard shall be required.
4.14.
Lots on Hoosac River: In the case of lots bordering the Hoosac River
or either branch thereof, no building shall be built nearer than 15
feet from the bank of the river, as established by the City Engineer,
and no land within such distance shall be filled in any manner to
obstruct the flow of the river at any time.
4.15.
Required buffer areas for commercial districts: In cases when the
site abuts a residential district a buffer area shall be provided.
Such buffer shall not be less than 25 feet in width and planted with
evergreens in no fewer than two rows no further than 15 feet apart
along each row, staggered to provide maximum screening, and using
trees not less than five feet in height at time of planting. The Building
Inspector may require additional buffer width or area or more mature
plantings if unusual conditions demand more extensive screening. Such
buffer areas are not required for frontage on a road. The approved
planting plan must be effectuated before a certificate of occupancy
is issued. If construction is completed during a non-planting season,
a bond or certified check for an amount to cover planting costs, as
determined by the City Engineer, shall be posted with the Treasurer
of the City of North Adams.
4.16.
Outside storage: Except for the off-street parking of vehicles of
customers and employees, the outside storage of goods, equipment and
vehicles shall not exceed in ground area coverage more than 50% of
the coverage of the building or buildings and shall be suitably screened
from view from the public highway and adjoining property by appropriate
fencing, grading or landscaping.
[Ord. of 1-12-2016]
5.1.
Existing uses continued: Any structures or uses lawfully existing
on the effective date of this Zoning Ordinance may be continued in
accordance with the provisions of General Laws Chapter 40A, Section
6. Any subsequent and substantial alteration, reconstruction or extension
of a nonconforming use or structure may be authorized by a special
permit issued by the Zoning Board of Appeals which will be granted
only if the Board finds that the proposed alteration, reconstruction
or extension will not be substantially more detrimental to the neighborhood
than is the existing nonconforming use. The issuance of a special
permit hereunder shall not authorize the violation of any dimensional,
parking or other regulation with which the structure or use was theretofore
in conformity.
5.2.
Abandonment of a nonconforming use: A nonconforming use which has been abandoned or discontinued for a period of more than two years or has been replaced by a conforming use shall lose the protection set forth above in Section 5.1, except to the extent that the nonconforming use or structure may be authorized by a special permit issued by the Zoning Board of Appeals which will be granted only if the Board finds that the proposed alteration, reconstruction or extension will not be substantially more detrimental to the neighborhood than is the existing nonconforming use, and the real estate taxes on the subject property have been continuously paid and the owner is otherwise in compliance with all the municipal ordinances, rules and regulations, including all Board of Health regulations.
5.3.
Single lot exemption for single- and two-family use: A lot for single-
or two-family residential use shall be exempt from any increase in
area, frontage, width, yard or depth requirements resulting from the
adoption or amendment of this ordinance, provided that:
5.3.1.
The lot was not held in common ownership with any adjoining land
at the time of recording or endorsement, whichever occurs sooner;
5.3.2.
The lot conformed to existing zoning requirements at such time; and
5.3.3.
The lot has at least 5,000 square feet of area and at least 50 feet
of frontage.
5.4.
Reconstruction of nonconforming structures damaged by fire or other
casualty: A structure which has been destroyed by fire or other accidental
or natural causes may be restored to its original condition, regardless
of any nonconformity of the structure or its use, but only provided
that either such work is started within 12 months of the damage and
completed within two years of the date of the damage, and further
provided that the reconstruction does not substantially change the
character or size of the buildings or the use which they were put
prior to the damage.
5.5.
Effect of changes on permits: Pursuant to Massachusetts General Laws
Chapter 40A, Section 6, construction or operations under a building
permit shall conform to this ordinance and any subsequent amendments
hereto unless the use or construction is commenced within six months
after the issuance of the permit and, in cases involving construction,
unless such construction is continued through to completion as continuously
and expeditiously as reasonable.
[Ord. of 1-12-2016]
6.1.
Parking facilities required: Off-street parking facilities shall
be provided to serve all buildings and uses erected, moved, established,
altered, enlarged or which change in use except when located in the
CBD. Such facilities shall be sufficient to accommodate the motor
vehicles of all occupants, employees, customers and other persons
normally visiting such building or premises at any one time.
[Ord. of 10-22-2019]
6.2.
Commercial vehicles and/or equipment in residential zones: No commercial
vehicle or pieces of equipment, including but not limited to commercial
delivery vehicles, box trucks, dump trucks, long haul trucks, semitrailers
or tractors, excavators, bulldozers, backhoes, etc., with a gross
vehicle weight of over 26,000 pounds shall be parked or stored in
a residential zone.
6.3.
Location of required parking facilities: Required parking facilities
shall be located on the same lot as the building or other use which
they serve, except that by special permit from the Zoning Board of
Appeals required parking facilities may be located not more than 200
feet from such building or use, measured in a straight line to the
nearest space for vehicular parking.
6.4.
Required minimum area and number of parking spaces: Unless otherwise
specifically approved by the Zoning Board of Appeals, required parking
facilities shall contain not less than the minimum areas set forth
below, exclusive of driveways and ramps necessary for access. Rooftop
or indoor parking may be included in the required area. For single-family
dwellings, the driveway may be included in the required area. A parking
space is defined as having dimensions measuring 9 by 20 feet or 9 1/2
by 19 feet for a total square footage of 180 square feet.
Use
|
Minimum Number of Required Parking Spaces
| |
---|---|---|
2-family structure
|
4 spaces
| |
3-family structure
|
6 spaces
| |
4 family structure
|
8 spaces
| |
5 family structure
|
10 spaces
| |
6 family structure
|
12 spaces
| |
Multifamily dwelling with more than 6 dwelling units
|
2 spaces for each dwelling unit
| |
Industrial and manufacturing establishments
|
1 space per 500 square feet of gross floor area or 1 1/2
spaces for each employee on the maximum work shift, whichever is less
| |
Wholesale and distribution, businesses, warehousing and businesses,
truck terminals, and other enclosed nonindustrial storage uses
|
1 space for each 1,000 square feet of gross floor area or 1
space for each 1 1/2 employees on the maximum work storage shift,
whichever is less
| |
Medical and dental offices
|
1 space for each 150 square feet of office area
| |
Business offices and financial institutions
|
1 space for each 300 square feet of gross floor area
| |
Eating establishment, taverns and cocktail lounges
|
1 space for each 200 square feet of gross floor area, but not
less than 5 spaces for each separate enterprise
| |
Automotive services, including but not limited to gas stations,
auto dealers, auto accessories, auto repair, overhaul shops and car
wash
|
1 space for each 500 square feet of gross floor area; or 3 spaces
per bay, lift or equivalent, whichever is greater. An attendant-operated
or self-service car wash shall have at least 5 waiting positions for
each bay between the street line and such bay for cars approaching
and at least 2 waiting positions for cars leaving said bays.
| |
Appliance, carpet, furniture, electrical, heating, and plumbing
retail sales
|
1 space for each 750 square feet of gross floor area, but not
less than 5 spaces per separate enterprise
| |
Other retail sales and services
|
1 space for each 200 square feet of gross floor area, but not
less than 5 spaces for each separate enterprise
| |
Bed-and-breakfast
|
1 space for each guest room, plus 2 spaces for residents
| |
Artistic studio or shop for custom work or making of articles
|
1 space for each employee
| |
Any other use not listed in this table
|
As may be determined by the Planning Board, but not less than
1 space for each 250 square feet of gross floor area
|
6.5.
Conversion of preexisting nonconforming multifamily structures: A
preexisting nonconforming multifamily structure (two or more units)
which is converted to a multiple-family structure with fewer units
than existed prior to such conversions does not need any additional
parking spaces than existed prior to such conversion.
6.6.
Truck loading space: In the case of hospitals, institutions, hotels,
retail, wholesale and industrial buildings, space shall be provided
for loading and unloading of trucks at the rate of one space not less
than 500 square feet in area for each 15,000 square feet of floor
area or fraction thereof less than 30,000 square feet, and 500 square
feet for each 30,000 square feet of floor area or fraction thereof
in excess of 30,000 square feet. Minimum dimension of loading areas
is 10 feet by 50 feet.
6.7.
Design and improvement requirements.
6.7.1.
General:
(1)
The general layout and traffic circulation of parking and loading
areas shall be designed so as to avoid unsafe conditions and traffic
congestion in the street upon which the area has access and to provide
for the safety and adequacy of access for vehicles and pedestrians
using the area.
(2)
Parking areas and spaces are to be designed to permit safe access
and exit of vehicles and to prevent vehicles from backing onto accessways
or streets.
(3)
Any enclosed loading space shall be located at least 30 feet from
any street line, and any open loading space shall be so designed that
trucks when loading or unloading will not project over any street
line.
(4)
Individual parking and loading spaces, maneuvering areas, entrances
and exits shall be suitably identified with lines and arrows, as deemed
necessary by the Building Inspector.
(5)
No access drive, aisle or maneuvering area shall have a turning radius
of less than 20 feet.
(6)
Where vehicles will be located adjacent to sidewalks, fences, walls,
required buffer strips, trees, landscaping or similar construction,
a suitable bumper or curb (not less than five inches in height) shall
be provided in such a location so that the vehicle cannot overhang
or otherwise damage said obstruction.
(7)
All parking areas with 10 or more spaces, along with any loading
areas and accessways, shall be surfaced with an asphaltic bituminous
cement or other properly bound pavement so as to provide a durable
and dustless surface, and shall be so graded and drained as to dispose
of all surface water and accumulation within the area.
(8)
Parking areas for 10 or more vehicles shall be constructed to the
standards for construction as set forth in the North Adams Subdivision
Rules and Regulations. Drainage design and construction shall include
interconnected catch basins with oil and grease traps.
(9)
Parking areas for 10 or more vehicles shall be delineated so the
parking spaces are apparent.
(10)
All parking areas of less than 10 spaces shall be constructed of
adequate all-weather surfacing, capable of allowing free and safe
movement of all vehicles customarily using the facility.
(11)
Access drives shall be arranged for the free flow of vehicles at
all times, and all maneuvering spaces and aisles shall be so designed
that all vehicles must exit from and enter into a public street by
being driven in a forward direction.
(12)
All portions of all parking spaces and maneuvering aisles shall be
set back a minimum of five feet from any wall of a building, except
in residential districts.
(13)
Each required off-street parking space shall be designed so that
any motor vehicle may proceed to and from said space without requiring
the moving of any other vehicle or by passing over any other parking
space.
(14)
Paved portions of parking areas shall not be constructed within minimum
front yard, rear yard or side yard setback areas.
6.7.2.
Lighting:
(1)
Any lighting used to illuminate any off-street parking, access drive
or loading area shall be shielded and so arranged as to prevent direct
glare from the light source onto adjoining premises and public rights-of-way.
(2)
Lighting shall be of such a design or level of illumination so as
to minimize the amount of ambient lighting perceptible at adjacent
properties.
6.7.3.
Parking lot landscaping:
(1)
Parking requirements shall be met by utilization of parking lot cells
having a maximum of 50 parking spaces per parking lot cell. There
shall be a minimum separation distance or 30 feet between parking
lot cells or an equivalent alternative that meets the objective of
visually breaking up the paved area.
(2)
Perimeter landscaping requirements. All parking areas with more than
10 spaces and all loading areas shall be boarded on all sides, with
the exception of accessways, with a ten-foot-wide buffer strip on
which shall be located and maintained appropriate landscaping of suitable
type, density and height to effectively screen the parking area.
(3)
Interior area landscaping requirements. A minimum of 10% of the interior
area, exclusive of perimeter landscaping, of a parking lot cell containing
25 or more spaces must be planted as landscaped island areas. The
interior area of the lot shall be computed as the paved area excluding
all parking spaces abutting the perimeter of the parking lot. The
landscaped islands shall be so located that some part of every parking
space is not more than 45 feet from either a landscaped island or
the perimeter planting area. Curbing, at least five inches in height,
shall surround each landscaped island as protection from vehicles.
(4)
Plantings for perimeter and interior area landscaping requirements
shall consist of:
(a)
At least one shrub or tree per 30 linear feet of landscaped
island area shall be provided, unless the Planning Board determines
during a site plan review that there exists sufficient existing vegetation
to allow for a different amount of vegetation.
(b)
Trees shall be of a species tolerant to the climatic conditions
of the City and parking area conditions and be at least two-inch caliper
(measured four feet above grade level).
(c)
Shrubs shall be a mix of deciduous and evergreen varieties,
tolerant to the climatic conditions of the City, and be at least one
foot in height at time of planting.
(d)
Remainder of the landscaped areas shall be planted with ground
surface cover, such as lawn grass or live ground cover, over at least
four inches of topsoil.
(e)
Wherever possible, the above requirements shall be met by retention
of existing vegetation.
(f)
Planting shall be done in accordance with accepted landscaping
practices.
(g)
Trees which die or become diseased shall be replaced, and all
landscaping shall be maintained.
6.7.4.
Access drive:
(1)
No driveway or access road to or from any property shall be so located
at its juncture with a street as to create a danger or menace to the
community or to the convenience or proper use of the adjoining property.
(2)
No driveway shall provide access to a lot located in another zoning
district, if said lot is used for any use, principal or accessory,
not permitted in the district in which such driveway is located. The
driveway or access road to a lot shall be through its frontage.
(3)
No driveway shall be located closer than 25 feet to any street intersection
measured along the street lines. In any nonresidential district, no
two driveways on the same lot shall be located closer than 75 feet
to each other at their closest limits.
(4)
No lot having less than 200 feet of street frontage shall have more
than two driveway entrances and/or exits on each street abutting the
lot. Lots with more than 200 feet of street frontages may have up
to one driveway entrance and/or exit for each 200 feet of additional
street frontage.
6.8.
Highway buffer areas: Any new required parking area, other than one
servicing a single- or two-family residential use, on a site which
abuts Route 2 between the Williamstown town line and Hillside Cemetery,
or Route 8 between the Adams town line and Hooker Street, or Route
8 from the Clarksburg town line to Miner Street, shall maintain a
buffer area between such parking area and the highway. Such buffer
area shall be of a width not less than the required front setback
and shall be landscaped or maintained in a natural vegetated state.
One accessway of not more than 25 feet in width shall be permitted
within the buffer area.
6.9.
Waivers: Strict compliance with the requirements of this Section
6 may be waived by the Zoning Board of Appeals when in the judgment
of said Board such waiver or waivers are consistent with the general
intent and purpose of this ordinance.
[Ord. of 1-12-2016]
7.1.
Signs excluded from regulation: The following signs, as defined in
Section 13, are exempt from the provisions of this article:
7.1.1.
Signs not exceeding two square feet in area that are customarily
associated with residential use and that are not of a commercial nature,
such as:
7.1.2.
Signs erected by or on behalf of or pursuant to the authorization
of a government body, including legal notices, identification and
informational signs, and traffic, directional or regulatory signs.
7.1.3.
Flags, pennants or insignia of any governmental or nonprofit organization.
7.1.4.
Signs not exceeding four square feet in area directing and guiding
traffic on private property and that bear no advertising matter.
7.1.5.
Church bulletin boards, church identification signs and church directional
signs that do not exceed 24 square feet in area.
7.1.6.
Signs painted on or otherwise permanently attached to currently registered
motor vehicles that are not primarily used as signs.
7.1.7.
A sign, not exceeding six square feet in area, erected by any fraternal,
civic, religious or service organization or club announcing its presence
in the City of North Adams and the time and place of its regular meeting
or special event.
7.1.8.
Signs in lawful existence as of the effective date of this section.
7.2.
General requirements:
7.2.1.
No sign shall be placed or worded, designed, colored or illuminated
so as to obscure or distract from signs regulating traffic.
7.2.2.
No sign shall be located so as to obstruct vision at the corners
of intersected streets.
7.2.3.
Signs are not to be illuminated or placed in such a manner as to
create a hazard to pedestrians or to motor vehicle traffic. No lights
shall be allowed which can blind or otherwise interfere with the safe
operation of any other vehicles.
7.2.4.
Wherever site plan approval is required (see Section 12.4 of this ordinance), it will include review and approval of sign location, size and illumination.
7.2.5.
No off-site sign or billboard shall be erected in a residential zone.
An off-site sign or billboard may be erected in other zones only by
special permit from the Zoning Board of Appeals.
7.2.6.
No sign shall contain any moving, flashing or animated lights, or
lights of varying intensity, or visible moving or movable parts. This
provision shall not prohibit marquees advertising motion pictures
or theatrical performances.
7.2.7.
No sign shall be erected, displayed or maintained on any rock, tree
or utility pole.
7.2.8.
All signs, together with their supports, braces, guys and anchors,
shall be kept in good repair and in safe condition. The owner of the
premises on which a sign is erected shall be responsible for keeping
such sign and premises around it safe, neat and clean condition. The
Building Inspector may order the removal of any signs that are not
maintained or erected in accordance with the provisions of this section.
7.2.9.
Freestanding signs, as defined in Section 13, may not be more than
14 feet above the ground at the highest point of the sign. There must
be a minimum elevation rise to the bottom of the signage of eight
feet from street elevation. Such sign shall not be located closer
than 15 feet to any street line.
7.2.10.
Upon termination of any business which has employed a sign, that
sign shall be removed by the property owner within 90 days of the
closure of the business. Two extensions of three months each may be
granted by the Zoning Board of Appeals. Any subsequent business shall
employ signs which conform to this section.
7.2.11.
No sign shall be erected or maintained with any lighting or control
mechanism which causes radio or television interference.
7.2.12.
Roof signs may be authorized by a special permit from the Zoning
Board of Appeals subject to the following conditions:
(1)
The need for a roof sign shall be clearly stated on the basis that
the general configuration and location of the building requires such
a sign to inform the general public of the business carried on within
the building.
(2)
Any applicant for a roof sign must provide the Zoning Board of Appeals
with pictures, sketches and/or drawings establishing the relative
size and configuration of the sign in relation to the building.
(3)
The top of a roof sign shall not exceed 20% of the height of building
over the top of the building and shall in no case exceed six feet.
The length of the sign display surface area shall be limited to 1/2
of the horizontal dimension of the wall above which the sign is located
with a minimum of 10 feet permitted.
(4)
Only one roof sign is permitted for any building, and its areas shall
not exceed 25% of the maximum permitted sign area.
7.2.13.
Naked or unshaded incandescent or fluorescent electric light bulbs
shall not be allowed by themselves or as part of any sign, except
as part of holiday season decorations or community events or celebrations,
or unless they are contained within the sign as internal illuminations.
7.3.
Signs permitted in all districts: The following signs may be placed
upon any lot within the City of North Adams:
7.3.1.
One temporary nonilluminated sign, as defined in Section 13, not
exceeding five square feet in area, advertising the sale or lease
of the premises, or advertising renovation or repairs being performed
by tradesmen.
7.3.2.
One nonilluminated marker not to exceed two square feet in area identifying
an historic building.
7.3.3.
Accessory signs directing traffic to entrances or exits from the
building or parking area, provided that:
(1)
No freestanding directional sign exceeds two square feet in area,
or is placed higher than three feet above the ground;
(2)
No such sign is closer than 10 feet to a lot line;
(3)
The number of such signs is limited to the minimum needed to give
clear directions;
(4)
The sign bears no advertising matter.
7.3.4.
Temporary signs not exceeding 16 square feet in area, erected by
a fraternal, civic, religious or service organization or club. Such
signs shall not be erected for a period of more than 30 days prior
to the first day of the event and removed within seven days of the
last date of the event, unless, by special permit from the Zoning
Board of Appeals, permission is given for such sign(s) to remain for
a longer period of time.
7.3.5.
Signs located in windows; the total of all window signs shall not
exceed 20 square feet in area or 15% of the area of the window in
which it is located, whichever is less.
7.3.6.
Temporary nonilluminated political signs not exceeding four square
feet in area, displayed during the period of time between the deadline
for the filing of nomination papers for the office being sought by
the candidate and one week after the election date.
7.3.7.
Signs indicating an establishment is open or closed, including flags.
7.3.8.
Temporary signs, not exceeding six square feet in area announcing
a sale, at a commercial establishment, provided that such sign is
in place for less than 30 days.
7.4.
Signs related to commercial activities:
7.4.1.
Permitted by right. The following types of signs advertising commercial
business and services may be placed upon a lot in the City of North
Adams as follows:
(1)
Within a B-1, B-2, CBD, S-1, I-1, or AP-1 District the total area
of all signs may be at least 16 square feet or two square feet per
linear foot of frontage of the building, but not to exceed 200 square
feet. The total area of all signs for a building fronting on two streets
may be at least 32 square feet or two square feet per linear foot
of frontage, not to exceed 200 square feet. In no case shall standing
signs aggregate more than 25% of the maximum sign area permitted.
[Ord. of 10-22-2019]
(2)
Within all other districts, one primary sign not exceeding eight
square feet in area and one secondary sign not exceeding three square
feet.
(3)
Within a district allowing for a shopping center use, the total area
of all signs may be at least 16 square feet per individual tenant
or two square feet per linear foot of frontage of each individual
tenant, but not to exceed 200 square feet per individual tenant.
7.4.2.
Permitted by special permit. The Zoning Board of Appeals may grant
a special permit for signs larger than those permitted by right in
Section 7.4.1 above, or for signs announcing the name of a subdivision
development, a multifamily housing development or a shopping center,
if the Board finds that said signs meet the following design criteria:
(1)
The proposed signs will be considered with the character and use
of the areas in which they are placed.
(2)
Every sign will have appropriate scale and proportion in its design
and in its visual relationship to buildings and surroundings.
(3)
Every sign has been designed as an integral architectural element
of the building and the site to which it principally relates.
(4)
The proposed colors, materials and illumination of every sign proposed
is restrained and harmonious with the building and the site to which
it principally relates.
(5)
The number of graphic elements on each sign has been held to the
minimum needed to convey the sign's major message and is in proportion
to the area of the sign face.
(6)
Each sign will not compete for attention.
7.4.3.
Notwithstanding the foregoing, the Board may grant a special permit
equal in size to any existing permanent sign whose renewal is made
a condition of the special permit.
7.4.4.
Any request for more than four signs per lot for a use other than
a shopping center shall require a special permit from the Zoning Board
of Appeals.
[Ord. of 1-12-2016; Ord.
of 10-22-2019]
8.1.
Western Gateway Urban Heritage Park: The land use controls of the
urban renewal plan entitled "Western Gateway Urban Heritage Park Urban
Renewal Plan," approved by the City Council of the City of North Adams
as Council Paper No. 8704-3 and incorporated herein by reference,
shall be in full force and effect in the UR-2 District in said City
of North Adams; excluding therefrom, however, any provision therein
allowing or permitting the redevelopment authority to modify, amend,
change, or alter at their discretion any provision thereof.
[Ord. of 1-12-2016; Ord.
of 9-14-2021]
9.1.
Windsor Lake Watershed District:
9.1.1.
Purpose of district:
(1)
The protection, preservation and maintenance of Windsor Lake so as
to preserve and protect the present and future water quality for the
public health and safety;
(2)
The conservation of that natural resource and the preservation and
enhancement of its scenic beauty; and
(3)
The prevention of adverse use, unsuitable development and overcrowding
of lands affecting the lake.
9.1.2.
District boundaries: The Windsor Lake Watershed District, delineated
on Map Three of the City Zoning Map, shall be considered as overlying
other districts as indicated on Maps One and Two of the City Zoning
Map, in recognition of the special environmental conditions which
exist in the area of the lake.
9.1.3.
Permitted uses:
(1)
Except as specified below, any uses permitted and as regulated by
the remainder of this Zoning Ordinance within that portion of the
Zoning Map overlaid by this district shall be permitted, provided
that they do not require structures, fill, dumping or excavation of
earth materials, unless so authorized by a special permit from the
Planning Board subject to the provisions of this section.
(2)
Sanitary landfills and other refuse disposal sites are prohibited.
(3)
Any permitted use in the Windsor Lake Watershed District requiring
a special permit under this section shall be subject to the "Land
use guidelines for development within the Windsor Lake Watershed District"
(as set out immediately following this paragraph). The Planning Board,
however, may exempt any regulated proposed use from any or all of
the provisions of the guidelines if it determines that the proposed
use will not significantly affect the quality of Windsor Lake. Prior
to making such a determination, the Planning Board shall consider
the recommendations received from review of the special permit application
under Section 9.1.5(2).
(4)
Land use guidelines for development within the Windsor Lake Watershed
District.
(a)
For all uses within the district:
1.
Erosion control for earth-disturbing activities on steep slopes:
Construction activities on steep slopes should be minimized. However,
if such construction is necessary, erosion control practices should
be followed. Uses requiring structures, fill, dumping or excavation
of earth materials on slopes of 15% or greater must comply with the
erosion control requirements of guideline 9.1.3(4)(b)3 below.
2.
Control of surface water runoff: To the extent practicable,
surface water runoff from paved areas associated with the proposed
use shall be kept from draining directly into Windsor Lake. Broad,
shallow vegetated channels to carry stormwater runoff are encouraged,
and where possible, the channel should be designed for a flow velocity
of one foot per second or less.
(b)
For all uses both within 300 feet of the lake and within the
district:
1.
Building setback: No building shall be installed or constructed
within 100 feet of the shore of the lake. In the case of a lot which
at the time of the adoption of this section and continuously thereafter
was owned separately from any adjoining lot, where it is not possible
to comply with the one-hundred-foot setback requirement for buildings
due to the size or shape of the lot, buildings may be allowed within
100 feet of the shore of the lake, provided that they are set back
from the lake as far as is possible without encroaching on any required
front, side or rear yard.
2.
Wastewater disposal system setback: No on-lot sewage disposal
system such as a septic tank, cesspool or leaching field, or the drainage
system for wastewater from showers and sinks, shall be constructed
within 150 feet from the shoreline of Windsor Lake. In the case of
a lot which at the time of the adoption of this section and continuously
thereafter was owned separately from any adjoining lot, the Board
of Health may authorize construction or installation of such a disposal
system at a reduced distance not less than the minimum standards of
the State Environmental Code, Title 5, if the Board of Health determines
that because of the size or shape of the lot, compliance with the
one-hundred-fifty-foot setback is not possible, and that the proposed
disposal system would provide adequate protection to the water quality
of Windsor Lake.
3.
Erosion control:
A.
Any earth-disturbing activity such as excavation, grading or
filling shall be conducted in such a manner as to effectively reduce
soil erosion and resulting sedimentation.
B.
All earth-disturbing activities shall be designed, conducted
and completed in such a manner that the disturbed land shall be exposed
for the shortest possible period of time.
C.
Permanent vegetative stabilization techniques to control soil
erosion in all disturbed land area shall be implemented within two
weeks after final grading or the final earth-disturbing activity has
been completed. Techniques used shall generally be in accordance with
measures described on pages 53 through 59 of the "Guidelines for Soil
and Water Conservation in Urbanizing Areas of Massachusetts," USDA
Soil Conservation Service, October 1975, although other techniques
may be used if they are of equal or greater effectiveness.
D.
When it is not possible to permanently stabilize a disturbed
area, temporary soil erosion control measures shall be implemented
within two weeks after significant earth-disturbing activity ceases.
Where temporary erosion control is needed for a period of two months
or less, techniques used shall generally be in accordance with the
measures described on pages 62 and 63 of the USDA publication referenced
in guideline (2)(c)(3), although other techniques may be used if they
are of equal or greater effectiveness. Where temporary erosion control
is needed for a period of two to 12 months, techniques used shall
generally be in accordance with the measures described on pages 52,
62, and 63 of the USDA publication referenced in guideline (2)(c)(3),
although other techniques may be used if they are of equal or greater
effectiveness.
9.1.4.
Restrictions: The Planning Board may issue, in accordance with the provisions of Section 9, Chapter 40A, of the General Laws of Massachusetts and Section 12.3 of this Zoning Ordinance, a special permit under this Section 9.1, if the Board determines after a public hearing that the proposed use is not an adverse use of land at the proposed location in the Windsor Lake Watershed District and not contrary to the purposes for which such district has been established and the permitted uses listed above in Section 9.1.3.
9.1.5.
Requirements:
(1)
Any person desiring to establish any permitted use in the Windsor
Lake Watershed District requiring a special permit under the provisions
of this section shall submit an application to the Planning Board
describing in detail the proposed use and the work to be performed,
accompanied by plans and information as listed in Section 12.4.5 and
including the following:
(a)
The location, boundaries and dimensions of the lot, and the
existing and proposed structures, watercourses, easements, means of
access, and water supply and sewage disposal facilities; and
(b)
Such soils, topographic, slope and other maps, in detail commensurate
with the scale of the proposed undertaking and such other data and
reports as are needed by the Board for determining the effect of the
proposed activity on surface and groundwater hydrology, water quality,
soil erosion and sedimentation, natural habitats, scenic or historic
environs, and other aspects of environmental concern.
(2)
The Planning Board shall submit any application for a special permit
under this section for review and recommendations to the Board of
Health, City Engineer, Conservation Commission, and other City agency
or official as found advisable, in accordance with Section 12.4.8
of this ordinance. An application may also be submitted to the U.S.
Soil Conservation Service or to any other qualified professional consultant
as found advisable.
9.2.
Floodway District:
9.2.1.
Purposes: The purposes of this district, in addition to those enumerated
elsewhere in this Zoning Ordinance, are:
(1)
To protect human life and property from hazards of periodic flooding
and to protect the public from the burden of costs resulting from
unwise individual choices of land use.
(2)
To protect, preserve and maintain the water recharge areas within
the City so as to preserve present and potential water supplies for
the public health and safety of the City.
(3)
To assure the continuation of the natural flow pattern of the watercourses
within the City, in order to provide adequate safe floodwater storage
capacity to protect persons and property against the hazards of flood
inundation.
9.2.2.
District delineation:
(1)
The Floodway District is based on hydraulic considerations with regard
to requirements of the Federal Insurance Administration.
(2)
The Floodway District includes all areas designated as "floodway"
on the Floodway Flood Boundary and Floodway Maps, City of North Adams,
Massachusetts, Berkshire County, prepared by the Federal Emergency
Management Agency and dated July 2, 1981.
9.2.3.
Use regulations:
(1)
The Floodway District is established as an overlay district to all other districts. All development must be in compliance with MGL c. 131, § 40, and requirements of the Massachusetts State Building Code.
(2)
The following uses of low flood damage potential and causing no obstructions
to flood flows shall be allowed as a matter of right, provided that
they do not require permanent structures, fill or storage of materials
or equipment:
(a)
Agricultural uses such as farming, grazing, and horticulture;
(b)
Forestry and nursery uses;
(c)
Outdoor recreational uses, including fishing, boating, play
areas;
(d)
Conservation of water plants and wildlife;
(e)
Wildlife management areas, foot, bicycle, and/or horse paths;
(f)
Temporary nonresidential structures used in connection with
fishing, growing, harvesting, storage or sale of crops raised on the
premises; and
(g)
Maintenance, repair, reconstruction and additions of up to 50%
of the square footage of structures lawfully existing prior to the
adoption of these provisions.
(h)
In case of fire, natural catastrophe or total rehabilitation
of structures existing in the Floodway District prior to the adoption
of these provisions, said structure may be rebuilt to the original
size, subject to the requirement of the new structure shall conform
to the provisions for floodproofing found in the State Building Code.
(3)
The following uses are prohibited in the Floodway District:
(a)
The construction of new buildings or structures;
(b)
The removal, filling, dredging, or altering of any lake, pond,
river, stream, brook, marsh, swamp, bog, or meadow, except as may
be permitted in Section 9.2.3(2) and the Wetlands Protection Act;
(c)
The installation of septic tanks or leach fields;
(d)
The storage of salt, petroleum or other chemical products; and
(e)
Encroachments, including fill, new construction, substantial
improvements to existing structures, and other development in the
floodway unless certification by a registered professional engineer
is provided by the applicant, demonstrating that such encroachment
shall not result in any increase in flood levels during the occurrence
of the one-hundred-year flood.
9.3.
Floodplain District:
9.3.1.
Purposes: The purposes of this district are the same as those noted
in Section 9.2.1.
9.3.2.
District delineation:
(1)
The Floodplain District delineations are established by elevations
of area subject to inundation by one-hundred-year frequency floods,
as delineated by the Federal Emergency Management Agency (FEMA).
(2)
The Floodplain District includes the floodway fringe and the one-hundred-year
flood boundary as designated on the Floodway Flood Boundary and Floodway
Map City of North Adams, dated July 2, 1981, as amended, which is
hereby made a part of this ordinance and which is on file at the office
of the City Engineer and Building Department. The explanatory data
contained in the "Flood Insurance Study, City of North Adams, Massachusetts,
Berkshire County," dated January 2, 1981, as prepared by the Federal
Emergency Management Agency (FEMA), shall be used in the interpretation
of the said map, and for such purpose the said flood insurance study
is hereby incorporated in this ordinance.
(3)
The Floodplain District also includes all that land along any named
or unnamed water body or watercourse for a horizontal distance of
50 feet from the permanent or seasonal banks thereof except as otherwise
defined on the Flood Insurance Rate Maps (FIRM).
(4)
Within the floodway fringe, where the one-hundred-year flood elevation
is not provided on the floodway map, the developer/applicant shall
obtain any existing flood elevation data and it shall be reviewed
by the Building Inspector. If the data is sufficiently detailed and
accurate, it shall be relied upon to require compliance with this
ordinance and the State Building Code.
9.3.3.
Use regulations:
(1)
The Floodplain District is established as an overlay district to all other zoning districts. All development, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL, Chapter 131, Section 40, and requirements of the Massachusetts State Building Code pertaining to construction in floodplains.
(2)
The following uses of low flood damage potential and causing no obstructions
to flood flows shall be allowed as a matter of right, provided they
are permitted in the underlying district and they do not require structures,
fill or storage of materials or equipment:
(a)
Agricultural uses such as farming, grazing, and horticulture;
(b)
Forestry and nursery uses;
(c)
Outdoor recreational uses, including fishing, boating, play
areas;
(d)
Conservation of water plants and wildlife;
(e)
Wildlife management areas, foot, bicycles, and/or horse paths;
(f)
Temporary nonresidential structures used in connection with
fishing, growing, harvesting, storage, or sale of crops raised on
the premises; and
(g)
Maintenance, repair, reconstruction and additions of up to 50%
of the square footage of structures lawfully existing prior to the
adoption of these provisions.
(h)
In case of fire, natural catastrophe, or total rehabilitation
of structures existing in the Floodplain District prior to the adoption
of these provisions, said structure may be rebuilt to the original
size, subject to the requirement of the new structure shall conform
to the provisions for floodproofing found in the State Building Code.
(3)
The following uses are prohibited in the floodplain:
(a)
The removal, filling, dredging, or altering of any lake, pond,
river, stream, brook, marsh, swamp, bog, or meadow, except as may
be permitted in Section 9.3.3(2) or 9.3.3(4) and the Wetlands Protection
Act;
(b)
The installation of septic tanks or leach fields;
(c)
The storage of salt, petroleum or other chemical products; and
(d)
Encroachments, including fill, new construction, substantial
improvements to existing structures, and other development in the
floodway unless certification by a registered professional engineer
is provided by the applicant, demonstrating that such encroachment
shall not result in any increase in flood levels during the occurrence
of the one-hundred-year flood.
(4)
The following uses may be allowed by special permit from the Planning
Board, subject to the requirements of Section 9.3.4:
(a)
The construction or erection of new buildings or structures,
other than mobile homes;
(b)
Municipal, county or state parks;
(c)
Forestry management;
(d)
Wells or other structures necessary for proper functioning of
municipal or private water supplies;
(e)
Public utilities;
(f)
Construction and maintenance of dams and other water control
devices; and
(g)
Roadways, driveways and walkways ancillary to uses otherwise
permitted by this section.
9.3.4.
Planning Board: The Planning Board may issue a special permit for
the uses described in Section 9.3.3(4). Said Board may issue a special
permit hereunder (subject to the other applicable provisions of this
ordinance) only if the application complies with the following provisions:
(1)
The proposed use shall comply in all respects with the provisions
of the underlying zoning district; and
(2)
The application shall be reviewed by the Conservation Commission,
Planning Board, Board of Health and Building Inspector. Within 10
days of the receipt of the application, the Planning Board shall transmit
one copy of the development plan to each of the above-named boards.
The Planning Board shall take no final action until reports have been
received from the above boards or until 35 days have elapsed.
(3)
The Planning Board may specify such additional requirements and conditions
it finds necessary to protect the health, safety, and welfare of the
public and the occupants of the proposed use.
(4)
All structures will be floodproofed in accordance with the State
Building Code.
(5)
All public utilities and facilities, such as sewer, gas, electrical
and water systems, shall be located and constructed to minimize or
eliminate flood damage or hazard.
(6)
Site drainage shall be provided in a manner that will result in no
increase in site or downstream flood hazard.
[Ord. of 1-12-2016]
10.1.
Flexible residential development (FRD):
10.1.1.
Purpose: In order to provide for the public interest by the preservation
of open space in perpetuity, to promote variations in residential
housing development patterns which allow for development more harmonious
with natural features and City growth policies than traditional residential
development, to promote the maximum possible protection of open space,
visual quality and aquifer and other natural resource protection and
to encourage the efficient provision of necessary utilities and community
services, the following regulations are established for flexible residential
development (FRD) within the City. In making any and all determinations
under this ordinance the Planning Board shall always compare the impact
of a FRD with potential conventional development, and may approve
a FRD only if the proposal is equal or superior to a conventional
development.
10.1.2.
Applicability: FRD shall be allowed within rural and residential
districts only, subject to the requirements of this ordinance for
such district, and in accordance with the additional requirements
specified herein.
10.1.3.
General requirements:
(1)
Any parcel of land located within a rural and residential district
containing land area at least five times the minimum lot area requirement
may be considered for an FRD subject to a special permit issued by
the Planning Board.
(2)
After an FRD application has been submitted, no utility installations,
no ditching, no grading of land or lots, no excavation except for
purposes of soil testing, no dredging or filling and no construction
of buildings or structures shall be done on any part of the development
site until the application has been reviewed and approved as provided
by these regulations.
(3)
No FRD shall be approved within an established single-family residential
neighborhood if the Planning Board determines that such land use would
have a detrimental effect upon the surrounding property.
(4)
It shall be the responsibility of an applicant for an FRD special
permit to demonstrate to the Planning Board that this form of land
development will be as or more appropriate than conventional patterns
of residential subdivision development for the particular site being
considered. The conventional subdivision pattern and the FRD shall
each be evidenced by the submission of a preliminary sketch plan showing
the total number of lots which can be created and the road layout.
(5)
All dwellings to be built on the site shall be located at least 100
feet from any public ways in existence at the time of submission of
the FRD proposal to the Planning Board.
10.1.5.
Minimum requirements:
(1)
Reduction of dimensional requirements: The Planning Board may grant a reduction in the dimensional requirements of the zoning regulations listed in Section 4.2 of these ordinances for all residential lots in a FRD, if the Planning Board finds that such reduction will result in better design and improved protection of natural and scenic resources and will otherwise comply with these regulations, provided that the percentage of the reduction allowed under this ordinance shall not be greater than 1.5 times the percentage of the total FRD which is to be set aside for common open space. (If 30% of the land area is to be set aside for common open space, the Planning Board may grant up to a forty-five-percent reduction in the minimum lot size and lot frontage requirements.) In no instance shall any dimensional requirement be reduced to a figure less than the minimum requirement noted in the table below.
Table of Minimum Requirements
| ||
---|---|---|
Minimum lot area*
|
10,000 square feet
| |
Minimum lot frontage
|
50 feet
| |
Minimum lot width
|
50 feet
| |
Minimum front yard
|
20 feet
| |
Minimum side yard
|
10 feet
| |
Minimum rear yard
|
15 feet
| |
Minimum lot area
|
3,600 square feet per dwelling unit
| |
Maximum building coverage
|
35%
| |
Maximum building height
|
Same as requirement for zoning district
|
*
|
Exclusive of land within wetlands.
|
(2)
Development standards: Prior to the issuance a special permit for
an FRD the Planning Board shall find, and the applicant shall submit
the information necessary to demonstrate, that the following standards
have been met:
(a)
The development will not cause unreasonable traffic congestion
or unsafe conditions both within and outside of the development and
will comply with City standards for parking, access, road design and
construction.
(b)
The development will provide for and maintain convenient and
safe emergency vehicle access to all buildings and structures at all
times.
(c)
The nature of the soils and subsoils shall be suited for the
intended purposes. This determination shall focus upon, but shall
not be limited to, the locations, design and construction of roadways,
buildings, septic systems and surface water drainage systems. Soil
borings or test pits may be made to provide information on soil texture,
color, percolation rates and depth to the ground water table at its
maximum elevation.
(d)
Anticipated stormwater runoff from the site shall not exceed
peak runoff from the site prior to development. The applicant shall
submit formal drainage calculations by a registered professional engineer
for this purpose.
(e)
Proper soil erosion and sedimentation control measures shall
be employed to minimize sedimentation and siltation of existing surface
water bodies and wetlands. In areas where the land slopes downward
towards any surface water body or freshwater wetlands, proposed filing,
cutting, clearing or grading shall be minimized and all such development
activities shall be carried out in such a way as to retain the natural
vegetation and topography wherever possible. The Planning Board may
require that an erosion and sedimentation control plan be submitted
if significant erosion is anticipated in slope areas.
(f)
The site design shall preserve and, where possible, enhance
the natural features of the property, including scenic views, by adapting
the location and placement of structures and ways to the existing
topography in order to minimize the amount of soil removal, tree cutting
and general disturbance of the landscape and surrounding properties.
(g)
All streets, sewers, water lines, drainage facilities and utilities
shall be designed and constructed in compliance with the Rules and
Regulations Governing the Subdivision of Land in effect at the time
of application, insofar as they are applicable. Exceptions to the
subdivision regulations may be authorized by the Planning Board in
granting a special permit hereunder, provided that the Board determines
such exceptions are in the public interest and are not inconsistent
with the purposes of Section 10.1.1.
(h)
The development shall comply with the provisions of 310 CMR
15.00 of the State Environmental Code (Title 5) and the City of North
Adams Health Regulations, with regard to on-site wastewater disposal.
On-site sewage disposal systems shall be located so as to minimize
the impact on surface and subsurface water resources. In evaluating
this issue, the Planning Board shall take into consideration both
the direction of groundwater flow and the distance between any such
system and a water supply or other water resource. On-site disposal
systems shall not be located within 150 feet from any wetland or surface
water body. In no instance shall a variance be granted from Title
5 of the State Environmental Code or North Adams Board of Health Regulations
in regard to depth to groundwater or distance to wetlands, buildings
and water supply wells.
10.1.6.
Open space use and design standards:
(1)
Within an FRD, a minimum of two acres or 30% of the total land area, whichever is less, shall be devoted to common open space. The common open space shall not include land set aside for roads and/or parking uses. No more than 50% of the common open space may contain land considered as wetland resource areas, other than "isolated lands subject to flooding," as defined in the regulations (310 CMR 10.00) promulgated pursuant to Massachusetts General Laws Chapter 131, Section 40 (Wetlands Protection Act).
(2)
The common open space shall be designed and maintained in accordance
with the following standards:
(a)
Naturally existing woods, fields, meadows and wetlands shall
be maintained and improved in accordance with good conservation practices.
(b)
Common open space shall be planned as large, contiguous parcels
whenever possible. Strips or narrow parcels of common open space shall
be permitted only when necessary for access or as vegetated buffers
along the site's perimeter.
(c)
Common open space may be in more than one parcel, provided that
the size, shape and location of such parcels are suitable for the
designated uses.
(d)
Common open space may be used for active recreation, passive
recreation, conservation, forestry, agriculture, natural buffers,
structures necessary to approved uses, utilities and other facilities
necessary for the convenience and enjoyment of the residents, subject
to approval by the Planning Board. Up to 25% of the common open space
may be developed for active recreation.
(e)
There shall be a minimum of 50 feet between any common open
space and all structures.
(f)
Use of common open space shall in all instances require approval
by the Planning Board, and all structural improvements and impervious
surfaces must be shown on the definitive FRD plan.
(g)
In cases where the open space has been environmentally damaged
prior to the completion of the development as a result of soil removal,
harvesting of trees or other natural features, refuse disposal or
any other activity deemed inappropriate with proposed uses of the
common open space, the Planning Board may require the developer to
restore or improve the condition and appearance of the common open
space, and may require the posting of a bond or other appropriate
form of performance guaranty to ensure such restoration or improvement.
(h)
Up to 50% of the land area proposed to be set aside as common
open space may be located on a different parcel of land, but only
if the Planning Board determines, after consultation with, and the
approval of, the Conservation Commission, that such other parcel of
land is exceptionally valuable to the City and its residents for open
space, recreation or natural resource protection and that such value
more than offsets the presumed benefits of having such common open
space adjacent to the proposed residential development. Nonadjacent
common open space is to be conveyed only to the City of North Adams
for park or open space use.
10.1.7.
Common open space ownership and management.
(1)
Common open space in an FRD shall be conveyed to: (1) the City of
North Adams for park or open space use; (2) a nonprofit corporation,
the principal purpose of which is the conservation of open space;
or (3) to a corporation or trust owned or to be owned by the owners
of lots within the development. It shall be the Planning Board's decision
as to which of the above ownership options shall be used. If a corporation
or trust owned by the owners of lots is utilized, ownership thereof
shall pass with the conveyance of the lots. In any case, where such
land is not conveyed to the City, a perpetual restriction, running
to and enforceable by the City, shall be recorded providing that such
land shall be retained in perpetuity in an open and natural state
and shall not be built upon for residential use or developed for accessory
uses such as parking or roadways.
(2)
If the common open space is not to be conveyed to the City, then
the applicant shall include as part of the road covenant a provision
that the common open space will be deeded as approved by the Planning
Board. In addition, the road covenant shall not be released until
proof of transfer of ownership has been provided to the Planning Board.
(3)
If the common open space is not to be conveyed to the City, the application
for an FRD special permit must include a description of how and when
the common open space will be preserved in perpetuity to standards
satisfactory to the Planning Board and to the City Solicitor. The
applicant shall also provide as part of the common open space proposal
an agreement empowering the City to perform maintenance of the common
open space in the event of failure to comply with the program included
in the application pursuant to the preceding sentence providing that,
if the City is required to perform any maintenance work, the owners
of lots within the FRD shall pay the cost thereof and that the cost
shall constitute a lien upon their properties until said cost has
been paid.
10.1.8.
Review procedures: All applications for FRDs shall be submitted in
conformity with the requirements and procedures for submission and
review under the Subdivision Rules and Regulations of the Planning
Board and the additional requirements outlined in the Planning Board's
Review Procedure for Flexible Residential Developments.
10.1.9.
Approvals:
(1)
As a condition of approval hereunder, the Planning Board may require
changes in the proposed development plans and may impose additional
conditions, limitations and safeguards as it may deem appropriate
to ensure compliance with the purposes of this ordinance.
(2)
Notwithstanding any provision to the contrary, any special permit
granted by the Planning Board for an FRD shall become void within
two years from the date of issue, which two years shall not include
time required to pursue or await determination of an appeal referred
to in Massachusetts General Laws, Chapter 40A, Section 6, unless any
construction work contemplated thereby shall have commenced and proceeded
in good faith continuously to completion, except for a good cause.
All open space shall be dedicated at the time the permit holder proceeds
with construction under a building permit.
10.2.
Accessory residential units for artists' studios:
10.2.1.
There shall be no more than one residential use per 1,000 square
feet of gross studio space.
10.2.2.
A dedicated bathroom with water closet, sink and shower and a kitchen
containing sink, refrigerator and stove shall be provided for each
proposed residential use. Any new construction of studio spaces shall
conform to commercial code. Adequate heat and ventilation shall be
provided for each studio.
10.2.3.
Trash and garbage removal must be provided for.
10.2.4.
New construction for studio spaces shall conform to commercial building
codes, including fire alarm, fire protection, egress, etc.
10.2.5.
Parking shall be as determined by the Planning Board with a minimum
of one parking space per studio.
10.2.6.
There shall be a maximum of 50 studio units per building.
10.2.7.
Restrictions as to odor, noise and deliveries shall be interpreted
to commercial as opposed to residential standards.
10.2.8.
Building owners and/or building committees shall determine the qualifications
of the artists using the studio spaces for residential use and the
limitations contained herein shall be included in any lease or sales
contract with the resident artist.
10.3.
Veterinary hospitals and/or kennels:
10.3.1.
The following standards shall be applied by the Zoning Board of Appeals
when receiving an application for a special permit for a veterinary
hospital and/or kennel. For the purposes of this ordinance, veterinary
hospitals and/or kennels shall be defined as a structure or parcel
of land used for the harboring and/or care of more than three dogs
that are more than six months old, whether commercially operated or
not.
(1)
The veterinary hospital and/or kennel must be carried on in such
a manner as not to substantially injure appropriate use of adjoining
property or adversely affect the existing development or character
of the neighborhood.
(2)
No egress or ingress with reference to such property shall be from
or to a residential subdivision street.
(3)
Area: Veterinary hospitals and/or kennels shall have a minimum lot
area of not less than one acre.
(4)
Setbacks: Buildings, structures or runs used in connection with such
purposes shall not be within 70 feet of any street or property lines.
(5)
Lighting: Outdoor lighting shall be so shielded as to cast no light
upon adjacent property or public ways.
(6)
Veterinary hospitals and/or kennels in a residential district or
adjacent to a residential or institutional use shall be screened along
the side and rear property lines.
(7)
Parking: A minimum of three parking spaces per doctor are required.
10.3.2.
Special permits can only be granted in the following zoning districts:
[Ord. of 10-22-2019]
Residential
|
RU-1, R-2
| |
Business
|
B-2
| |
Industrial
|
I-1
|
10.4.
Fraternities and sororities:
10.4.1.
Off-street parking facilities shall be provided in accordance with
Section 6 of this ordinance.
10.4.2.
Parking and outdoor activity areas located within 40 feet from any
property line shall be screened so as not to be visible from adjacent
lots in residential use.
10.4.3.
Outdoor lighting shall be so shielded as to cast no direct light
upon adjacent property or public ways, and where outdoor lighting
is provided for activities after normal daylight hours, such lights
shall be extinguished not later than 11:00 p.m.
10.4.4.
A sound amplification system shall not be permitted except where
such system is inaudible at any property line.
10.4.5.
The Planning Board may recommend and the Zoning Board of Appeals
may impose additional requirements as it is judgment are necessary
for the protection of the public health, safety and welfare.
10.4.6.
No permit shall be issued by the Zoning Board of Appeals, unless
and until the Department of Public Health of the City of North Adams
has approved those aspects of the proposed use which comes under its
jurisdiction.
10.5.
Unregistered or junk motor vehicles:
10.5.1.
Definition of "unregistered motor vehicle." Any motor vehicle required
to be registered by law of the Commonwealth of Massachusetts for operation
on public ways not so registered.
10.5.2.
Definition of "junk motor vehicle." Any motor vehicle not capable
of being used as such in its existing condition by reason of being
damaged or dismantled beyond repair or failing to contain parts necessary
for operation.
10.5.3.
No unregistered motor vehicle shall be parked, stored, or otherwise
placed in, on or upon land in any zoned district for a period of more
than six months subsequent to January 1 of any year or subsequent
to the required registration date of a former nonresident, except
as is hereinafter provided.
10.5.4.
No "junk motor vehicle" shall be parked, stored or otherwise placed
in, on or upon land by the owner of said vehicle; nor shall same be
allowed to be so parked, stored or otherwise placed in, on or upon
land by the owner, lessee or authorized agent thereof, in any zoned
district for a period of more than three consecutive days except in
those areas as is hereinafter provided. Upon determination by the
Building Inspector that said vehicle exists, he shall place a ticket
on said vehicle requiring removal within three days. Upon expiration
of this three-day period, the Building Inspector is authorized to
arrange to have said vehicle removed at the owner's expense.
(1)
At the expiration of the three-day period mentioned herebefore, the
owner of said vehicle or the said owner, lessee or authorized agent
of the owner of the land is prohibited from moving said vehicle to
any area or zone except those areas as are hereinafter provided.
10.5.5.
Section 10.5 hereof shall not be applicable to such "unregistered and/or junk motor vehicle" which is housed, garaged or so situated that same is completely hidden from public view.
10.5.6.
Notwithstanding any provision hereinafter set forth permitting accessory
uses customarily incidental to a permitted use, no unregistered and/or
junk motor vehicle can be parked, stored or placed on land used in
conjunction with such permitted use, except in, on or upon the lot
where the permitted use has its primary function or on a lot immediately
adjacent thereto if otherwise permitted by the provisions of this
ordinance.
10.5.7.
In the event that an owner of an "unregistered" and/or "junk motor
vehicle" satisfies the Building Inspector that he intends to register
same in the case of an unregistered motor vehicle, or intends to replace
necessary parts or repair a motor vehicle for operation and use as
such in the case of a junk motor vehicle, the Building Inspector may
extend the six-month period mentioned in Section 10.5.3 above or may
extend the three-day period mentioned in Section 10.5.4 above, upon
such conditions and terms that are reasonable and proper. If any person
be aggrieved by the decision of the Building Inspector he may appeal
to the Zoning Board of Appeals.
10.6.
Wireless telecommunication:
10.6.1.
Purpose: It is the purpose of this ordinance to minimize the visual
and environmental impacts of personal wireless facilities on the scenic,
historic, environmental, natural or man-made resources of the City
while allowing for adequate personal wireless services within its
boundaries.
10.6.2.
ABOVE GROUND LEVEL (AGL)
ANTENNA
CAMOUFLAGED
CARRIER
COLLOCATION
CROSS-POLARIZED ANTENNA
DISTANCE
EA
ELEVATION
EQUIPMENT SHELTER
FAA
FALL ZONE
FCC
FUNCTIONALLY EQUIVALENT SERVICES
GUYED TOWER
LATTICE TOWER
LICENSED CARRIER
MONOPOLE
MOUNT
NONRESIDENTIAL STRUCTURE
OMNIDIRECTIONAL ANTENNA
PANEL ANTENNA
PERSONAL WIRELESS SERVICE FACILITY
PERSONAL WIRELESS SERVICES
RADIO FREQUENCY RADIATION (RFR)
RADIO FREQUENCY (RF) ENGINEER
SECURITY BARRIER
SEPARATION
Definition: For the purposes of
this section, the following definitions shall apply:
A measurement of height from the natural undisturbed grade
of a site to the highest point of the proposed structure.
The surface from which wireless radio signals are sent and
received by a personal wireless facility.
A personal wireless service facility that is disguised, hidden,
part of an existing or proposed structure or placed within an existing
or proposed structure is considered "camouflaged."
A company which provides wireless services.
The use of a single mount on the ground by more than one
carrier (vertical collocation) and/or the placement of several mounts
on an existing building or structure by more than one carrier.
A low mount that has three panels flush mounted or attached
very close to the shaft.
The measurement of length in a horizontal plane.
An "environmental assessment" is the document required by
the Federal Communications Commission and the National Environmental
Policy Act when a personal wireless service facility is placed in
certain designated areas.
The measurement of height above sea level.
An enclosed structure, cabinet, shed or box at/or near the
base of the mount within which are housed batteries and/or electrical
equipment.
Shall mean the Federal Aviation Administration.
The area on the ground within a prescribed radius from the
base of a personal wireless service facility. The fall zone is the
area within which there is a potential hazard from falling debris
(such as ice or tooling) or collapsing material.
Shall mean the Federal Communications Commission.
Cellular, personal communication services (PCS), enhanced
specialized mobile radio, specialized mobile radio and paging shall
all be considered functionally equivalent for the purposes of the
ordinance.
A monopole or lattice tower that is tied to the ground or
other surface by diagonal cables.
A type of mount which is self-supporting having multiple
legs and cross-bracing of structural steel.
A company authorized by the FCC to construct and/or operate
a commercial personal wireless services system.
The type of mount that is self-supporting with a single shaft
of wood, steel or concrete and a platform for panel antennas arrayed
at the top.
The structure or surface upon which antennas are mounted.
These include but are not limited to:
Any structure other than private houses or apartments.
Commonly known as a "whip antenna," it is a thin rod that
beams and receives a signal in all directions.
A flat surface antenna usually developed in multiples.
A facility for the provision of personal wireless services,
as defined by the Telecommunications Act of 1996.
The types of services regulated by this ordinance.
The emissions from personal wireless service facilities.
An engineer specializing in electrical or microwave engineering,
especially the study of radio frequencies.
A locked, impenetrable wall, fence or berm that completely
seals an area from unauthorized entry or trespass.
The distance between one carrier's array of antennas and
another carrier's array.
10.6.3.
Regulations:
(1)
Use: A personal wireless service facility shall require a building
permit in all cases and may be permitted as follows:
(a)
Existing structure: A personal wireless facility may locate
on an existing guyed tower, monopole, electric utility transmission
tower, fire tower or water tower, provided the installation of the
new facility does not increase the height of the existing structure
except as provided in Section 10.6.3(3) contained herein. Such installations
shall require a building permit and site plan approval by the Planning
Board.
(b)
New construction: A personal wireless facility involving construction
of one or more ground or building mounts shall require a special permit.
Such facilities may locate by special permit in all zoning districts
within the City, provided that the proposed use complies with the
height and setback requirements of Section 10.6.3(3), all of the special
permit regulations set forth in Section 10.6.4 of this ordinance and
a building permit is obtained.
(2)
Location: Applicants seeking approval for personal wireless service
facilities will comply with the following:
(a)
If feasible, personal wireless service facilities shall be located
on existing structures, included but not limited to buildings, water
towers, existing telecommunications facilities, utility towers and
related facilities, provided that such installations preserve the
character and integrity of those structures. The applicant shall have
the burden of proving that there are no feasible existing structures
upon which to locate. The applicant shall provide, in writing, that
they have investigated all other locations of existing structures
at other possible sites and provide documentation as to why their
use is not satisfactory.
(b)
If the applicant successfully demonstrates to the Planning Board
that it is not feasible to locate on an existing structure, the personal
wireless service facility shall be so designed as to be camouflaged
to the greatest extent possible. This camouflage shall include but
is not limited to the use of compatible building materials and colors,
screening, landscaping, placement within tree stands or any other
device directed by the Planning Board.
(c)
The applicant shall submit documentation of the legal right
to install and use the proposed facility mount at the time of application
for a building permit and/or special permit.
(3)
Dimensional requirements: Personal wireless service facilities shall
comply with the following requirements:
(a)
Height, general: Regardless of the type of mount, personal wireless
service facilities shall be no higher than 10 feet above the average
height of buildings within 300 feet of the proposed facility. In addition,
the height of the personal wireless service facility shall not exceed
by more than 10 feet the height limits of the zoning district in which
the facility is proposed to be located, unless the facility is completely
camouflaged, such as within a flagpole, steeple, chimney or similar
structure. Personal wireless service facilities may locate on a building
that is legally nonconforming, provided that the facilities do not
project above the existing building height.
(b)
Height, ground-mounted facilities: Ground-mounted personal wireless
service facilities shall not project higher than 10 feet above the
average building height, or, if there are no buildings within 300
feet, these facilities shall not project higher than 10 feet above
the average tree canopy height measured from ground level (AGL). If
there are no buildings within 300 feet of the proposed site of the
facility, all ground-mounted personal wireless service facilities
shall be surrounded by dense tree growth to screen views of the facility
in all directions. These trees may be existing on the property or
planted as required for compliance.
(c)
Height, side- and/or roof-mounted facilities:
1.
Side- and/or roof-mounted personal wireless service facilities
shall not project more than 10 feet above the height of the existing
building nor project more than 10 feet above the height limit of the
zoning district within which the facility is to be located.
2.
Personal wireless service facilities may locate on a building
that is legally nonconforming with respect to height, provided that
the facilities do not project above the highest point of the existing
building.
3.
Height, existing structures: New antennas located on any of
the following structures existing on the effective date of this ordinance
shall be exempt from the height restrictions of this ordinance, provided
that there is no increase in the height of the existing structure
as a result of the installation of a personal wireless facility: water
towers, guyed towers, lattice towers, fire towers and monopoles.
4.
Height, existing utility structures: New antennas located on
any of the following structures shall be exempt from the height restrictions
of this ordinance, provided that there is no more than a twenty-foot
increase in the height of the existing structure as a result of the
installation of a personal wireless facility: electric transmission
and distribution towers or similar existing utility structures. This
exemption shall not apply in historic districts, within 300 feet of
the right-of-way of any scenic roadway or in any designated scenic
viewsheds.
(d)
Setbacks: All personal wireless service facilities and their
equipment shelters shall comply with the building setback provisions
of the zoning district in which the facility is located. In addition,
the following setbacks shall be observed:
1.
In order to ensure public safety, the minimum distance from
the base of any ground-mounted personal wireless facility to any property
line, road, habitable dwelling, business or institutional use or public
recreational area shall be 125% of the height of the facility/mount,
including any antennas or other appurtenances. This setback is considered
a fall zone.
2.
In the event that an existing structure is proposed as a mount
for the personal wireless facility, a fall zone shall not be required,
but the setback provisions of the zoning district shall apply. In
the case of preexisting nonconforming structures, personal wireless
facilities and their equipment shelters shall not increase any nonconformities,
except as provided in Section 10.6.3(3)(a) contained herein.
(e)
Flexibility: In reviewing a special permit application for a
personal wireless facility, the Planning Board may reduce the required
fall zone and/or setback distance by as much as 25% of the required
distance, if it finds that a substantially better design will result
from such reduction. In making such a finding, the Planning Board
shall consider both the visual and safety impacts of the proposed
use.
10.6.4.
Special permit regulations: All personal wireless service facilities
shall comply with the performance standards contained in this section.
(1)
Design standards:
(a)
Visibility/camouflage: Personal wireless service facilities
shall be camouflaged as follows:
1.
Camouflage by existing buildings or structures:
A.
When a personal wireless service facility extends above the
roof height of the building on which it is mounted, every effort shall
be made to conceal the facility within or behind existing architectural
features to limit its visibility from public ways. Facilities mounted
on a roof shall be stepped back from the front facade in order to
limit their impact on a building's silhouette.
B.
Personal wireless service facilities which are side mounted
shall blend with the existing building's architecture and, if over
five feet, shall be painted or shielded with material which is consistent
with the design features and materials of the building.
2.
Camouflage by vegetation: If personal wireless service facilities
are not camouflaged from public viewing areas by existing buildings
or structures, they shall be surrounded by buffers of dense tree growth
and understory vegetation in all directions to create an effective
year-round visual buffer. Ground-mounted personal wireless facilities
shall provide a vegetated buffer of sufficient height and depth to
effectively screen the facility. Trees and vegetation may be existing
on the subject property or installed as part of the proposed facility
or a combination of both. The Planning Board shall determine the types
of trees and plant materials and depth of the needed buffer based
on site conditions. The facility shall include both equipment shelter(s)
and antenna.
3.
Color:
A.
Personal wireless service facilities which are side mounted
on buildings shall be painted or constructed of materials to match
the color of the building material directly behind them.
B.
To the extent that any personal wireless service facilities
extend above the height of the vegetation immediately surrounding
it, they shall be painted a light gray or light blue hue which blends
with the sky and clouds.
(b)
Equipment shelters: Equipment shelters for personal wireless
service facilities shall be designed consistent with one of the following
design standards:
1.
Equipment shelters shall be located in underground vaults; or
2.
Equipment shelters shall be designed consistent with traditional
New England architectural styles and materials; or
3.
Equipment shelters shall be camouflaged behind an effective
year-round landscape buffer, equal to the height to the proposed building,
and/or a wooden fence. The Planning Board shall determine the style
of fencing and/or landscape buffer that is compatible with the neighborhood.
(c)
Lighting and signage:
1.
Lighting of equipment structures and any other facilities on
the site shall be shielded from abutting properties. There shall be
a total cutoff of all light at the property lines of the parcel to
be developed, and footcandle measurements at the property line shall
be 30.0 initial footcandles when measured at grade.
2.
Signs shall be limited to those needed to identify the property
and the owner and to warn of any danger. All signs shall comply with
the requirements of Section 7 of the City's Zoning Ordinance regarding
signs.
3.
A security barrier shall surround all ground-mounted personal
wireless service facilities.
(d)
Historic buildings and districts:
1.
Any personal wireless service facility located on or within
an historic structure shall not alter the character-defining features,
distinctive construction methods or original historic materials of
the building.
2.
Any alteration made to an historic structure to accommodate
a personal wireless service facility shall be fully reversible. Approval
of the North Adams Historical Commission shall be required prior to
any alterations being performed.
3.
Personal wireless service facilities within an historic district
shall be concealed within or behind existing architectural features
or shall be located so that they are not visible from public roads
and viewing areas within the district.
(e)
Scenic landscapes and vistas:
1.
In order to minimize the visual impact on scenic locations,
any personal wireless service facility that is located within 300
feet of a scenic vista, scenic landscape or scenic road as designated
by the City shall not exceed the height of the vegetation at the proposed
location.
(f)
Environmental standards:
1.
Personal wireless service facilities shall not be located in
wetlands, floodplains or Floodplain Districts, and disturbance to
wetland buffer areas shall be minimized.
2.
No hazardous waste shall be discharged on the site of any personal
wireless service facility. If any hazardous materials are to be stored
on site, there shall be provisions for the full containment of such
materials. An enclosed containment area shall be provided with a sealed
floor, designed to contain at least 110% of the volume of the hazardous
materials used at the site.
3.
Ground-mounted equipment for personal wireless service facilities
shall not generate noise in excess 65 dB at the property line.
4.
Roof-mounted or side-mounted equipment for personal wireless
service facilities shall not generate noise in excess 65 dB at ground
level at the base of the building closest to the antenna.
10.6.5.
Application procedures:
(1)
Special permit granting authority: The Planning Board shall be the
special permit granting authority for purposes of this section.
(2)
Preapplication conference: Prior to the submission of an application
for a special permit to the Planning Board under this regulation,
the applicant is required to meet with the Building Inspector and
Community Development Office to discuss the proposed personal wireless
service facility in general terms and to clarify the filing requirements.
(3)
Preapplication filing requirements: The purpose of the conference
is to inform the Planning Board as to the preliminary nature of the
proposed personal wireless service facility. As such, no formal filings
are required for the preapplication conference. However, the applicant
is encouraged to prepare sufficient preliminary architectural and/or
engineering drawings to inform the Planning Board of the location
of the proposed facility, as well as its scale and overall design.
(4)
Application filing requirements: In addition to the requirements of Section 12.4 of the Zoning Ordinances for the City of North Adams, the following shall be included as part of the site plan approval for personal wireless service facilities.
(a)
General filing requirements: The following shall be included
with the application for a special permit for all personal wireless
service facilities:
1.
Name, address and telephone number of applicant and any coapplicants
as well as any agents for the applicants or coapplicants.
2.
Coapplicants may include the landowner of the subject property,
licensed carriers and tenants for the personal wireless service facility.
3.
A licensed carrier shall be an applicant or a coapplicant.
4.
Original signatures for the applicant and all coapplicants applying
for the special permit. If the applicant or coapplicants will be represented
by an agent, original signatures authorizing the agent to represent
the applicant and/or coapplicants. Photo-reproductions of signatures
will not be accepted.
5.
A certificate of insurability of the applicant, covering destruction
from a tower failure, at the time of filing.
(b)
Location filing requirements: The applicant shall meet with
the Building Inspector and the Office of Community Development to
finalize all required information prior to applying to appear before
the Planning Board for a public hearing. The following shall be included
with the application for a special permit for all personal wireless
service facilities:
1.
Identify the subject property by including the name of the locality,
name of the street or nearest streets and street address, if any.
2.
Tax Map and parcel number of the subject property.
3.
Zoning district designation for the subject property. A copy
of the City Zoning Map with the parcel identified will meet this requirement.
4.
A line map to scale showing the lot lines of the subject property
and all properties within 300 feet.
5.
A City-wide map showing the location of any other existing personal
wireless service facilities.
6.
A City-wide map showing the locations of all existing and future
personal wireless service facilities for this carrier.
(c)
Site filing requirements: The following shall be included with
the application for a site plan approval special permit for all personal
wireless service facilities:
1.
A one inch equals 40 feet Key Map showing the following:
A.
Property lines for the subject property.
B.
Property lines of all properties adjacent to the subject property
within 300 feet.
C.
Tree cover on the subject property and adjacent properties within
300 feet, by dominant species and average height, as measured by or
available from a verifiable source.
D.
Outline of all existing buildings, including purpose (e.g.,
residences, garages, accessory structures, etc.) on subject property
and all adjacent properties within 300 feet.
E.
Proposed location of antenna, mount and equipment shelter or
shelters.
F.
Proposed security barrier, indicating type and extent as well
as point of controlled entry.
G.
Location of all roads, public and private, on the subject property
and on all adjacent properties within 300 feet, including driveways
proposed to serve the personal wireless service facility.
H.
Distances, at grade, from the proposed personal wireless service
facility to each building on the Key Map.
I.
Contours at each two feet above mean sea level for the subject
property and adjacent properties with 300 feet.
J.
All proposed changes to the existing property, including grading,
vegetation removal and temporary or permanent roads and driveways.
K.
Representations, dimensioned and to scale, of the proposed mount,
antennas, equipment shelters, cable runs, parking areas and any other
construction or development attendant to the personal wireless service
facility.
L.
Lines representing the sight line showing viewpoint (point from
which view is taken) and visible point (point being viewed) as required
by Section 10.6.5(4)(c)(2) of this ordinance.
2.
Sight lines and photographs as follows:
A.
Sight line representation. A sight line representation shall
be drawn from any public road within 300 feet and the closest facade
of each residential building (viewpoint) within 300 feet to the highest
point (visible point) of the personal wireless service facility. Each
sight line shall be depicted in profile, drawn one inch equals 40
feet. The profiles shall show all intervening trees and buildings.
In the event that there is only one residential building within the
300 feet, there shall be at least two sight lines from the closest
habitable structure or public roads, if any.
B.
Existing (preconstruction) photographs. Each sight line shall
be illustrated by a color photograph of what can currently be seen
from any public road within 300 feet.
C.
Proposed (postconstruction). Each of the existing condition
photographs shall have the proposed personal wireless service facility
superimposed on it to show what will be seen from public roads if
the proposed personal wireless service facility is built.
3.
Site elevations or views at grade from the north, east, south
and west for a fifty-foot radius around the proposed personal wireless
service facility plus from all existing public and private roads that
serve the subject property. Elevations shall be at either 1/4 inch
equals one-foot or 1/8 inch equals one-foot scale and show the following:
A.
Antennas, mounts and equipment shelter(s), with total elevation
dimensions and AGL of the highest point.
B.
Security barrier. If a security barrier will block views of
the personal wireless service facility, the barrier drawing shall
be cut away to show the view behind the barrier.
C.
Any and all structures on the property.
D.
Existing trees and shrubs at current height and proposed trees
and shrubs at proposed height at the time of installation, with appropriate
elevations dimensioned.
E.
Grade changes, or cuts and fills, to be shown as original grade
and new grade line, with two-foot contours above mean sea level.
(d)
Design filing requirements:
1.
Equipment brochures for the proposed personal wireless service
facility such as manufacturer's specifications or trade journal reprints
shall be provided for the antenna, mounts, equipment shelter(s), cables,
cable runs and security barrier(s), if any.
2.
Materials of the proposed personal wireless service facility
specified by generic type and specific treatment (e.g., anodized aluminum,
stained wood, painted fiberglass, etc.). These shall be provided for
the antennas, mounts, equipment shelter(s), cables, cable runs and
security barrier(s), if any.
3.
Colors of the proposed personal wireless service facility represented
by a color board showing the actual colors proposed. Colors shall
be provided for the antenna, mounts, equipment shelter(s), cables,
cable runs and security barrier(s), if any.
4.
Dimensions of the personal wireless service facility specified
for all three directions: height, width and breadth. These shall be
provided for the antennas, mounts, equipment shelter(s), cables, cable
runs and security barrier(s), if any.
5.
Appearance shown by at least two photographic superimpositions
of the personal wireless service facility within the subject property.
The photographic superimpositions shall be provided for the antennas,
mounts, equipment shelter(s), cables, cable runs and security barrier(s),
if any, for the total height, width and breadth.
6.
Landscape plan, including trees and shrubs and those proposed
to be added, identified by size of specimen at installation and species.
7.
Within 30 days of the preapplication conference or within 21
days of filing an application for a special permit, the applicant
shall arrange for a balloon or crane test at the proposed site to
illustrate the height of the proposed facility. The date, time and
location of such test shall be advertised in a newspaper of general
circulation in the City at least seven days but not more than 14 days
prior to the test. Notification shall be provided to all abutters
of record indicating the date and time of the test. The balloon shall
be flown at the maximum height of the proposed structure for a period
of no less than four hours between the hours of 9:00 a.m. and 4:00
p.m. The balloon shall be a minimum of three feet in diameter and
shall be brightly colored.
8.
If lighting of the site is proposed, the applicant shall submit
a manufacturer's computer-generated point-to-point printout, indicating
the horizontal footcandles at grade within the property to be developed
and 25 feet beyond the property lines. The printout shall indicate
the locations and types of luminaries proposed.
(e)
Noise filing requirements: The applicant shall provide a statement
listing the existing and maximum future projected measurements of
noise from the proposed personal wireless service facilities, measured
in decibels Ldn (logarithmic scale, accounting for greater sensitivity
at night) for the following:
1.
Existing, or ambient: the measurement of existing noise.
2.
Existing plus proposed personal wireless service facilities:
maximum estimate of the noise from the proposed personal wireless
service facility plus the existing noise.
3.
Such statements shall be certified and signed by an acoustical
engineer, having a record of service to municipalities, stating that
the noise measurements and estimates are accurate and will meet the
noise standards of this ordinance.
(f)
Radiofrequency radiation (RFR) filing requirements: The applicant
shall provide a statement listing the existing and maximum future
projected measurements of RFR from the proposed personal wireless
service facility for the following situations:
1.
Existing, or ambient: the measurement of existing RFR.
2.
Existing plus proposed personal wireless service facilities:
maximum estimate of RFR from the proposed personal wireless service
facility plus the existing RFR.
3.
Such statements shall be certified and signed by an RF engineer,
having a record of service to municipalities, stating that the RFR
measurements and estimates are accurate and meet FCC guidelines as
specified in this ordinance.
(g)
Federal environmental filing requirements:
1.
The National Environmental Policy Act (NEPA) applies to all applications for personal wireless service facilities. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CRF Ch. 1). The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for any personal wireless service facility proposed in or involving any of the following:
2.
At the time of application filing, an EA that meets FCC requirements
shall be submitted to the City for each personal wireless service
facility site that requires such an EA to be submitted to the FCC.
3.
The applicant shall list location, type and amount of any materials
proposed for use within the personal wireless service facility that
are considered hazardous by federal, state or local governments.
(h)
Structural filing requirements: The applicant shall provide
a statement from a certified structural engineer, with a record of
service to municipalities, stating that the service facility is of
sound structural design for the intended use and locality.
(i)
Waiver of filing requirements: The Planning Board may waive
one or more of the application filing requirements of this section
if it finds that such information is not needed for a thorough review
of a proposed personal wireless service facility.
10.6.6.
Collocation:
(1)
Licensed carriers shall share personal wireless service facilities
and sites where feasible and appropriate, thereby reducing the number
of personal wireless service facilities that are stand-alone facilities.
All applicants for a special permit for a personal wireless service
facility shall demonstrate a good faith effort to collocate with other
carriers. Such good faith effort includes:
(a)
A survey of all existing structures that may be feasible sites
for collocating personal wireless service facilities;
(b)
Contact with all the other licensed carriers for commercial
and commercial mobile radio services in the county; and
(c)
Sharing information necessary to determine if collocation is
feasible under the design configuration most accommodating to collocation.
(2)
In the event that collocation is found not to be feasible, a written
statement of the reasons for the unfeasibility shall be submitted
to the City via the Planning Board. The City may retain a technical
expert in the field of RF engineering to verify if collocation at
the site is not feasible or is feasible given the design configuration
most accommodating to collocation. The cost for such a technical expert
will be at the expense of the applicant. The City may deny a special
permit to an applicant that has not demonstrated a good faith effort
to provide for collocation.
(3)
If the applicant does intend to collocate or to permit collocation,
the City shall request drawings and studies that show the ultimate
appearance and operation of the personal wireless service facility
at full build-out.
(4)
If the Planning Board approves collocation for a personal wireless
service facility, the special permit shall indicate how many facilities
of what type shall be permitted on that site. Facilities specified
in the special permit approval shall require no further zoning approval.
However, the addition of any facilities not specified in the approved
special permit shall require a new special permit. Estimates of RFR
emissions will be required for all facilities, including currently
proposed and future facilities.
10.6.7.
Modifications: A modification of a personal wireless service facility
may be considered equivalent to an application for a new personal
wireless service facility and will require a special permit when the
following apply:
(1)
The applicant and/or coapplicant wants to alter the terms of the
special permit by changing the personal wireless service facility
in one or more of the following ways:
(2)
The applicant and/or coapplicant wants to add any equipment or additional
height not specified in the original design filing.
10.6.8.
Monitoring and maintenance:
(1)
After the personal wireless service facility is operational, the
applicant shall submit, to the Building Inspector, within 90 days
of beginning operations, existing measurements of RFR from the personal
wireless service facility. Such measurements shall be signed by an
RF engineer, stating that the RFR measurements are accurate and meet
FCC guidelines as specified in the radio frequency standards contained
in this ordinance. The operator shall submit a letter to the Building
Inspector certifying that the carrier or licensee meets FCC guidelines
for RFR emissions every two years or whenever there is a change in
fee standards.
(2)
After the personal wireless service facility is operational, the applicant shall submit, to the Building Inspector, within 90 days of beginning operations, existing measurements of noise from the personal wireless service facility. Such measurements shall be signed by an acoustical engineer, stating that the noise measurements are accurate and meet noise levels established in Section 14-4.1 of the Ordinances of the City of North Adams.
(3)
The applicant and/or coapplicant shall maintain the personal wireless
service facility in good condition. Such maintenance shall include
but not be limited to painting, structural integrity of the mount
and security barrier and maintenance of the buffer areas and landscaping
and shall be performed under the guidelines of the FCC and FAA rules
and requirements. Additionally, on a five-year basis, an engineering
evaluation of the structural soundness of the wireless service facility
shall be performed and a copy of the evaluation forwarded to the Building
Inspector.
10.6.9.
Abandonment or discontinuation of use.
(1)
At such time that a licensed carrier plans to abandon or discontinue
operation of a personal wireless service facility, such carrier will
notify the City by certified United States mail of the proposed date
of abandonment or discontinuation of use. Such notice shall be given
no less than 30 days prior to the abandonment or discontinuation of
operations. In the event that the licensed carrier fails to give such
notice, the personal wireless service facility shall be considered
abandoned upon such discontinuation of operations.
(2)
Upon abandonment or discontinuation of use, the carrier shall physically
remove the personal wireless service facility within 90 days from
the date of abandonment or discontinuation of use. "Physically remove"
shall include but not be limited to:
(a)
Removal of antennas, mount, equipment shelters and security
barriers from the subject property.
(b)
Proper disposal of the waste materials from the site in accordance
with local, state and federal solid waste disposal regulations.
(c)
Restoring the location of the personal wireless service facility
to its natural condition, except that any landscaping and grading
shall remain in the after-condition.
(3)
If a carrier fails to remove a personal wireless service facility
in accordance with this section of this ordinance, the City shall
have the authority to enter the subject property and physically remove
the facility. The Planning Board may require the applicant to post
a bond at the time of construction to cover costs for the removal
of the personal wireless service facility in the event that the City
must remove the facility.
10.6.10.
Reconstruction or replacement of existing towers and monopoles:
Guyed towers, lattice towers, utility towers and monopoles in existence
at the time of adoption of this ordinance may be reconstructed, altered,
extended or replaced on the same site by special permit, provided
that the Planning Board finds that such reconstruction, alteration,
extension or replacement will not be substantially more detrimental
to the neighborhood and/or the City than the existing structure. In
making such a determination, the Planning Board shall consider whether
the proposed reconstruction, alteration, extension or replacement
will create public benefits, such as the opportunity for collocation,
improvements in public safety and/or reduction in visual and environmental
impacts. No reconstruction, alteration, extension or replacement shall
exceed the height of the existing facility.
10.6.11.
Term of special permit. A special permit issued for any personal
wireless service facility over 50 feet in height shall be valid for
15 years. At the end of that time, the personal wireless service facility
shall be removed by the carrier or a new special permit shall be required.
10.7.
Removal of topsoil and gravel:
10.7.1.
Removal restricted: Unless otherwise provided in this section, there
shall be no removal from the premises in any district of earth, sand,
gravel, clay or quarrystone, except as surplus material resulting
from a bona fide construction, landscape or agricultural operation
being executed on the premises, and provided that no permanent damage
is done to the landscape.
10.7.2.
Removal of topsoil: The Zoning Board of Appeals may grant a special
permit in any district for the removal of topsoil or loam from any
area, provided that no less than four inches of topsoil or loam remains
and provided further that the entire area disturbed is seeded with
a suitable cover crop or is put to cultivation.
10.7.3.
Removal of sand, gravel, clay: The Zoning Board of Appeals, after
public hearing, may issue a special permit for the removal of sand,
gravel or clay in any district under the following conditions:
(1)
The applicant shall submit a plan showing existing grades in the
area from which the above material is to be removed, together with
finished grades at the conclusion of the operation.
(2)
The plan shall provide for proper drainage of the area of the operation
during and after completion, and no bank shall exceed a slope of one
foot of vertical rise in 1 1/2 feet of horizontal distance except
in ledge rock. No removal shall take place within 20 feet of a property
line except that where the grade from a property line rises towards
the lot where removal is to take place, material lying above the grade
at the property line may be removed.
(3)
At the conclusion of the operation or of any substantial portion
thereof, the whole area where removal takes place shall be covered
with not less than four inches of topsoil and seeded with a suitable
cover crop, except where ledge rock is exposed.
(4)
Before a permit is granted under this section, the applicant shall
post a bond with the Treasurer of the City of North Adams in an amount
approved by the Zoning Board of Appeals as sufficient to guarantee
conformity with the provisions of the permit issued hereunder.
10.8.
Public garages and service stations:
10.8.1.
The Zoning Board of Appeals, after a public hearing and under appropriate
conditions and safeguards, and within the proper use districts, may
issue a special permit for the erection of a public garage or auto
service station. Under no circumstances shall a permit be issued for
the erection of or enlargement of a public garage for more than five
motor vehicles, or a motor vehicle service station or gas filling
station, or for the conversion of any premises not so used to be used
for such purposes, if any part of the lot or plot in question is situated
within a two-hundred-foot radius of any part of a lot used or to be
used for:
10.8.2.
No gasoline filling appliance shall be located within 20 feet of
a street line or within 20 feet of an adjacent property line.
10.8.3.
Access: At any public garage, gasoline selling station or service
station where the nature of the services rendered requires automobiles
to drive over the sidewalk for entrance to or exit from the premises
so used, definite driveways of reasonable width shall be delineated
and suitable curbings shall be erected along the street line, between
and on either side of driveways.
10.8.4.
The Zoning Board of Appeals shall find that the proposed use will
not tend to depreciate the value of adjoining property or uses, impair
the integrity of this regulation, endanger the appropriate use of
land in the immediate neighborhood, or be inconsistent with the public
welfare.
10.8.5.
No existing garage for more than five motor vehicles, group of garages
for more than five motor vehicles, or motor vehicle service station
or gas filling station shall be deemed to become a nonconforming use
through the subsequent erection of such a school, hospital, church,
library or playground as defined above, within the aforesaid prescribed
area.
10.9.
Mobile homes and mobile home parks:
10.9.1.
Mobile home: A mobile home is any vehicle or object on wheels and
having no motor power of its own but which is drawn by or may be used
in connection with a motor vehicle, and which is so designed and constructed,
or reconstructed or added to by means of accessories, as to permit
the use of occupancy thereof for human habitation whether resting
on wheels, jacks or other foundation. Only independent mobile homes,
with completely trapped and vented sewage systems, shall be permitted
in a mobile park.
10.9.2.
Mobile home park: A mobile home park is any lot or tract of land
upon which three or more trailer coaches or mobile homes are occupied
for dwelling purposes, including any buildings, structures or equipment
located thereon in connection therewith.
10.9.3.
Future descriptions: Future descriptions of domiciles intended for
use as mobile homes and which basically suit the intent and description
or specifications of a mobile home shall be subject to this ordinance.
10.9.4.
Restricted use: No mobile home may be permitted to be used in the
City of North Adams unless same is so used in a mobile home park.
10.9.5.
Mobile home park district: The two districts in the City of North
Adams wherein a mobile home park may be permitted to be used shall
be in a rural or affordable housing district.
10.9.6.
Boundary lines: No mobile home park established in a rural or affordable
housing district shall be within 300 feet of any presently zoned residential
area or within 100 feet of any other zoned area within the City limits.
10.9.7.
Size of mobile homes: No mobile home shall be allowed in any mobile
home park the area of which including appendages and/or accessory
buildings exceeds 33 1/3% of the lot size. The size of any mobile
home, excluding appendages, must exceed nine feet and six inches in
width and 40 feet in length.
10.9.8.
Size of mobile home spaces and setback:
(1)
Each mobile home shall be provided with an area of land not less
than 5,000 square feet and such area of land shall not be less than
50 feet in width.
(2)
A mobile home including appendages placed thereon shall be at least
20 feet from the front line of the area provided for the mobile home,
which front line shall border the mobile home park street or way,
and same shall be at least 20 feet from the mobile home or appendage
on any adjoining lot at the side and rear.
(3)
A corner lot in a mobile home park is that area of land which is
bounded by two intersecting streets or ways. Mobile homes placed on
corner lots shall be at least 20 feet from both streets or way lines.
(4)
An accessory building placed on a mobile home lot may not exceed
100 square feet in area or eight feet in height and shall be located
at the extreme rear of the lot at a point farthest from the streets
or way lines.
(5)
Notwithstanding the foregoing, no mobile home shall be allowed within
40 feet of a preexisting street or way to which the public has a right
of access.
10.9.9.
Requirements of mobile home park:
(1)
Each mobile home park shall, in addition to the minimum lot size
of each mobile home, as set forth in Section 10.9.8 above, provide
additional areas for correct parking, roads, grass-plot bordering
and a general provision for recreation park and such accessory buildings
that are incidental to the management of the park. This area shall
be a minimum of 40% of the entire area of the park. No buildings other
than those used incidental to and in connection with the use of said
park shall be permitted therein or thereon. Said recreation park shall
be designed to provide for active and passive recreation of the residents
of the mobile home park. Swimming facilities, when provided, shall
be completely fenced.
(2)
Mobile home sales are permitted in a mobile home park, on condition
that an area in said park of not more than 30,000 square feet or 40%
of total area of the park be provided therefor; which area shall be
in addition to the 40% area mentioned in Section 10.9.9(1) and which
shall not be within any required minimum front, side or rear yard
area. The mobile home sales area shall be limited to a maximum of
15 units therein where said units may be kept for display and sale
on the premises. This shall not restrict or limit any sale or sales
of mobile homes therein situate being used or adopted for immediate
use for human habitation in accordance with all the provisions of
the existing ordinance.
10.9.10.
Mobile home park application; plans and specifications: Each
applicant for a license to operate a mobile home park shall file a
written application with the Building Inspector who shall review same
to determine that the area complies with provisions of this ordinance,
as amended. The Building Inspector shall note his determination on
said application and forward same to the Board of Health. The application
shall contain:
(1)
Name of mobile home park, boundaries, North point, date and scale.
(2)
Name and address of record owner, and engineer or surveyor.
(3)
Names of all abutters as they appear in the most recent tax list.
(4)
Sufficient data to determine the location, direction and length of
every street and way line, lot line and boundary line, mobile home
lots, and to establish these lines on the ground. Streets shall be
constructed with a hard surface, consisting of 1 1/2 inches minimum
bituminous asphalt or concrete on a twelve-inch minimum gravel base,
within two years of occupancy in any mobile home located on the street.
(5)
Proposed layout of drainage, water supply, sewage disposal systems,
recreation area, and all other proposed facilities.
10.9.11.
Streets; location and alignment:
(1)
All streets in a mobile home park shall be designed so that they
will provide safe vehicular travel. Due consideration shall be given
by the park operator or owner to the attractiveness of the street
layout in order to obtain the maximum livable amenity of the mobile
home park.
(2)
Provision shall be made for the proper projection of streets.
(3)
The minimum width of street rights-of-way shall be 40 feet.
10.9.12.
Watercourse, drainageway, channel or stream: Where a mobile
home park is traversed by a watercourse, drainageway, channel or stream,
the Building Inspector may require that there be provided a drainage
right-of-way of adequate width to conform substantially to the lines
of such watercourse, drainageway, channel or stream, and that adequate
distance be provided between any mobile home and the drainage right-of-way.
10.9.13.
Water supply: An adequate supply of pure water for drinking
and domestic purposes shall be supplied by pipes to all buildings
and mobile home spaces within the park to meet the requirements of
the park. Each mobile home space shall be provided with a cold water
tap at least four inches above the ground. An adequate supply of hot
water shall be provided at all times in the service buildings for
all bathing, washing, cleaning, and laundry facilities.
10.9.14.
Service buildings:
(1)
Service buildings housing sanitation and laundry facilities, or any
such facilities, shall be permanent structures complying with all
applicable ordinances and statutes regulating buildings, electrical
installations and plumbing and sanitation systems.
(2)
The service buildings shall be well lighted at all times of the day
and night, shall be well ventilated with screened openings, shall
be constructed of such moistureproof material, including painted woodwork,
as shall permit repeated cleaning and washing, and shall be maintained
at a temperature of at least 68° F., 20° C., during the period
from October 1, to May 1. The floors of the service buildings shall
be of water impervious material.
(3)
All service buildings and the grounds of the park shall be maintained
in a clean, sightly condition and kept free of any condition that
will menace the health of any occupant or the public or constitute
a nuisance.
10.9.15.
Sewage and refuse disposal:
(1)
Waste from showers, bathtubs, flush toilets, urinals, lavatories,
slop sinks, and laundries in service and other buildings within the
park shall be discharged into a public sewer system in compliance
with applicable ordinances or into a private sewer and disposal plant
or septic tank system of such construction and in such manner as will
present no health hazard.
(2)
The sewer in each space shall be connected to discharge the mobile
home waste into a public sewer system in compliance with applicable
ordinances or into a private sewer disposal plant or septic tank system
of such construction and in such manner as will present no health
hazard.
10.9.16.
Central garbage and rubbish receptacles: Metal garbage receptacles
with tight-fitting covers shall be provided in quantities adequate
to permit disposal of all garbage and rubbish. The receptacles shall
be kept in sanitary condition at all times. Garbage and rubbish shall
be collected and disposed of as frequently as may be necessary to
insure that the garbage receptacles shall not overflow.
10.9.17.
Fire protection: Every park shall be equipped at all times with
fire extinguishing equipment in good working order, of such type,
size and number and so located within the park as to satisfy applicable
reasonable regulations of the fire department. No open fires shall
be permitted at any place which may endanger life or property. No
fires shall be left untended at any time.
10.9.18.
Register of occupants:
(1)
It shall be the duty of each licensee and permittee to keep a register
containing a record of all mobile home owners and occupants located
within the park. The register shall contain the following information:
(2)
The park shall keep the register available for inspection at all
times by law enforcement officers, public health officials, and other
officials whose duties necessitate acquisition of the information
contained in the register. The register record for each occupant registered
shall not be destroyed for a period of three years following the date
of departure of the registrant from the park.
10.9.19.
Licenses and fees: A mobile home park owner or operator must
fully comply with General Laws, Chapter 140, Sections 32A to 32L,
inclusive, as applicable, and obtain necessary licenses from the Board
of Health of the City of North Adams.
10.9.20.
Board of Health:
(1)
The Board of Health shall not grant any license for a mobile home
park unless it receives written notification from the Building Inspector
that the applicant has complied with all local zoning ordinances;
(2)
That, upon the granting of a license, the Board of Health shall forthwith
give notification thereof to the Building Inspector, Board of Assessors
and the Collector of Taxes.
10.10.
Permitting and regulating campgrounds:
10.10.1.
Purpose: The purpose of this ordinance is to provide regulations
for areas developed, licensed and operated for recreational camping
for overnight or longer periods under Article VIII of the State Sanitary
Code, in order to promote public health, safety and general welfare,
as authorized in Chapter 40A of the General Laws, as amended.
10.10.2.
Permitted uses: Campgrounds established under this ordinance may accommodate tents, mobile camping units, expandable trailer units, Adirondack shelters, and such other devices as may be developed and marketed for the camping trade, on rented campsites, developed in accordance with the provisions of this ordinance, and may contain temporary or permanent buildings and facilities for common usage or group activity purposes, and one dwelling for resident manager or operator. The term "campground" as used in this ordinance does not include "mobile home parks" which are subject to the provisions of Section 10.9 of this ordinance.
10.10.3.
Zoning districts: A campground may be established under this ordinance by a special permit from the Planning Board as provided in Section 12.3 herein, in any residence or rural zoning district established under the Zoning Ordinance and as shown on the Zoning Map of the City.
10.10.4.
Special requirements: Any proposed campground shall comply with
the development standards and operating criteria contained herein
unless otherwise authorized by special permit from the Planning Board
with regard to a specific requirement if the Board finds, after a
public hearing, that the compliance with such specific requirement
will cause unnecessary hardship and that the proposed alternative
is in harmony with the intent and purpose of this ordinance and will
provide equal protection to campsites and the neighborhood. These
development standards and operating criteria are in addition to or
in modification of other applicable provisions or requirements pertaining
to the establishment and maintenance of such use contained in the
State Building and Sanitary Codes, and any other applicable laws and
regulations.
10.10.5.
Development standards and operating criteria:
(1)
The minimum lot area for a campground development shall be 20 acres.
(2)
The number of campsites in any one campground shall not exceed 150
sites.
(3)
There shall be a minimum of 20% of the total land area in a campground
development left in its natural state.
(4)
Within the development, usable land areas shall be provided for recreational
uses, suitably graded and landscaped, to serve the needs of the proposed
development in accordance with reasonable site planning standards.
(5)
Off-street parking shall be provided for the cars of all patrons
and employees together with the necessary access driveways to public
ways. Such parking areas and access driveways shall be adequate in
the judgment of the Planning Board depending on the number of campsites
and terrain factors, and shall be treated to inhibit dust.
(6)
Parking and recreational areas shall be so designated and located
as to be safely and conveniently accessible from campsites which they
are intended to serve.
(7)
Within the development, vehicular and pedestrian circulation facilities
shall be provided for safe and convenient use in accordance with reasonable
site planning standards.
(8)
No driveway providing access from the street for such use shall be
located within 50 feet of any side lot lines. Campsites, off-street
parking areas and unenclosed recreational facilities shall be located
not less than 100 feet from any property line and shall be screened
in such a manner as to be not visible from adjacent lots in residential
or institutional use.
(9)
Where outdoor lighting is provided for activities after normal daylight
hours, such lights shall be extinguished not later than 11:00 p.m.
Outdoor lighting shall be so shielded as to cast no direct light upon
adjacent property or public ways.
(10)
No public address system shall be permitted except where such
system is inaudible at any property line.
(11)
Campsites:
(a)
Each campsite shall contain not less than 2,500 square feet
of area for the exclusive use of each site occupant, provided that
there shall be not more than 10 campsites per gross acre devoted to
such sites, and exclusive of all public open spaces.
(b)
Each campsite shall not have less than 50 feet frontage on an
access driveway or way connected ultimately to a public street, and
an average width of not less than 50 feet, and a minimum depth of
50 feet. This requirement shall not apply to so-called primitive areas
where motor vehicles are excluded from the site.
(c)
Each campsite shall have an open unoccupied yard, five feet
wide, along each campsite boundary line to serve as a buffer area
between campsites.
(d)
Campsites shall be arranged so that:
1.
There shall be not more than 10 contiguous campsites on each
side of the same way without separation by a way or a landscaped buffer
strip not less than five feet wide.
2.
The landscaped buffer strips shall continue five feet wide along
side or rear campsite lot lines, so as to separate the campsites into
groups of not more than 20 surrounded by either landscaped or public
spaces.
10.10.6.
Special permit from Planning Board:
(1)
A campground may be established under this ordinance only upon the
issuance of a special permit from the Planning Board in accordance
with the provisions of Section 9, Chapter 40A, of the General Laws,
and in compliance with the requirements of this ordinance.
(2)
Authority: The Planning Board is hereby designated as the special
permit granting authority under this ordinance as authorized in Section
1A, Chapter 40A, of the General Laws, as amended by Chapter 808 of
the Acts of 1975.
(3)
Application: Any application to the Planning Board for a special
permit under this ordinance shall be accompanied by a site plan which
shall include, but not be limited to, the following:
(a)
The boundaries of the property and all roads and buildings within
500 feet of the property;
(b)
Proposed and existing roads, parking areas, required drainage
and sanitary facilities, proposed grading, existing and proposed topography,
proposed location of proposed buildings and the limits of proposed
activities, proposed lighting and other utility installations, access
and egress ways, together with a specific list of the proposed use
or uses, including daytime and nighttime activities;
(c)
The location and size of all proposed campsites;
(d)
Names and mailing addresses of all abutting property owners
as they appear on the most recent tax list.
(5)
Compliance with state and City regulations: No special permit shall
be issued by the Planning Board under this section unless the Board
finds that the proposed facility is in compliance with the Commonwealth
of Massachusetts and the City of North Adams public health regulations
and any other laws and regulations pertaining to the establishment
and maintenance of such use, and unless and until the Board of Health
of North Adams has approved water supply, waste and refuse disposal
methods and other aspects of the development which come under its
jurisdiction.
10.11.
Affordable housing:
10.11.1.
Subject to a policy approved by the Planning Board and City
Council.
10.12.
Licensed marijuana establishments.
[Ord. of 3-27-2018]
(1)
Purpose. The purpose of this section is to provide for the placement
of licensed marijuana establishments in suitable locations in the
City of North Adams in recognition of and in accordance with "The
Regulation of the Use and Distribution of Marijuana Not Medically
Prescribed," MGL c. 94G, and "Act for the Humanitarian Medical Use
of Marijuana," Session Laws, Acts of 2012, C. 369. The specific purpose
of this section is to safeguard the built environment by permitting
compliance with state law in a manner consistent with community and
neighborhood concerns, while also ensuring that those entities permitted
to operate a licensed marijuana establishment, as defined herein,
comply with all of the provisions of Chapter 334 of the Acts of 2016,
Chapter 351 of the Acts of 2016, Chapter 55 of the Acts of 2017, and
the regulations promulgated by the Cannabis Control Commission (CCC)
found at 935 CMR 500.00 et seq.
[Ord. of 6-12-2018]
(2)
CRAFT MARIJUANA COOPERATIVE
INDEPENDENT TESTING LABORATORY
LICENSED MARIJUANA ESTABLISHMENT (LME)
MARIJUANA CULTIVATOR
MARIJUANA MICRO-BUSINESS
MARIJUANA PRODUCT MANUFACTURER
MARIJUANA PRODUCTS
MARIJUANA RESEARCH FACILITY
MARIJUANA RETAILER
MEDICAL MARIJUANA TREATMENT CENTER
Definitions.
A marijuana cultivator comprised of residents of the commonwealth
organized as a limited-liability company or limited-liability partnership
under the laws of the commonwealth, or an appropriate business structure
as determined by the Cannabis Control Commission, and that is licensed
to cultivate, obtain, manufacture, process, package and brand marijuana
and marijuana products to deliver marijuana or marijuana establishments
but not to consumers.
A laboratory that is licensed by the Commission and is: (i) accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the Commission; (ii) independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test; and (iii) qualified to test marijuana in compliance with 935 CMR 500.160 and MGL c. 94C, § 34.
A marijuana cultivator, testing laboratory, research facility,
marijuana product manufacturer, marijuana retailer, micro-business,
craft cooperative, or any other type of licensed marijuana-related
business.
An entity licensed to cultivate, process, and package marijuana;
to deliver marijuana to marijuana establishments; and to transfer
marijuana to other marijuana establishments but not consumers.
A marijuana establishment that is licensed to act as a: licensed
marijuana cultivator in an area less than 5,000 square feet; licensed
marijuana product manufacturer, and licensed marijuana delivery service
in compliance with the operating procedures for each such license.
An entity licensed to obtain, manufacture, process, and package
marijuana and marijuana products; to deliver marijuana and marijuana
products to marijuana establishments, and to transfer marijuana and
marijuana products to other marijuana establishments but not consumers.
Products that have been manufactured and contain marijuana
or an extract from marijuana, including concentrated forms of marijuana
and products composed of marijuana and other ingredients that are
intended for use or consumption, including edible products, beverages,
topical products, ointments, oils and tinctures.
An entity licensed to engage in research projects by the
Cannabis Control Commission.
An entity licensed to purchase and deliver marijuana and
marijuana products from marijuana establishments and to deliver, sell,
or otherwise transfer marijuana and marijuana products to marijuana
establishments and to consumers.
A not-for-profit entity that acquires, cultivates, possesses,
processes (including development of related products such as food,
tinctures, aerosols, oils, or ointments), transfers, transports, sells,
distributes, or administers marijuana, products containing marijuana,
related supplies, or educational materials to qualifying patients
or their personal caregivers.
[Ord. of 6-12-2018]
(3)
Designated locations for marijuana establishments. The locations
designated by the City of North Adams where an LME may be sited are
delineated in Appendix A[1] (Use Regulation Schedule): Retail, Service and Commercial
Uses; Wholesale, Utilities, Transportation and Industrial Uses;
(a)
All LMEs must be set back at least 500 feet from any school,
day-care center or similar facility where organized youth activities
occur. Distances shall be measured by a straight line between the
nearest structure of the said facility and the LME building. Outdoor
facilities or structures, such as playgrounds, shall be considered
part of the facility. The special permit granting authority may modify
or waive this requirement.
(b)
Any type of LME not specified in Appendix A may be located in
the I-1 District.
[Ord. of 6-12-2018; Ord.
of 10-22-2019]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(4)
Designated number of marijuana establishments.
[Ord. of 6-12-2018]
(a)
The total number of marijuana retail establishments shall not
exceed 20% of the number of licenses issued within the City for the
retail sale of alcoholic beverages not to be drunk on the premises.
Fractions of establishments shall be rounded up to the nearest whole
number.
(b)
The total number of all non-retail LMEs, not including medical
marijuana treatment centers, may not exceed 50% of the number of licenses
issued within the City for the retail sale of alcoholic beverages
not to be drunk on the premises. Fractions of establishments shall
be rounded up to the nearest whole number.
(c)
The total number of medical marijuana treatment centers shall
not exceed one.
(e)
There shall be no restrictions on the number of any particular
type of LME permitted within the City, other than as regulated in
Subsection (1)(a) and (c).
(5)
Special permit required. No LME shall be operated or expanded without first obtaining a special permit from the City of North Adams special permit granting authority in accordance with Sections 10.12 and 12.3 of the Zoning Ordinance.
(a)
The special permit granting authority for any LME shall be the
Planning Board except in the Urban Renewal District, where the permit
granting authority is the North Adams Redevelopment Authority.
(b)
A special permit shall only be valid for use by the applicant
and will become null and void upon the sale or transfer of the license
of an LME or change in the location of the business.
(c)
In the event that the commonwealth's licensing authority suspends
the license or registration of a marijuana establishment, the special
permit shall be so suspended by the City until the matter is resolved
to the satisfaction of said licensing authority.
(d)
The special permit shall be considered null and void if meaningful
construction has not begun on the project within two years of obtaining
said permit, as determined by the Building Inspector or their designee(s).
(6)
Site plan review. Applications to operate or expand an LME shall be subject to Section 12.4 of the Zoning Ordinance. The site plan shall be submitted in conjunction with the special permit application and joined to the final approval for the special permit.
(7)
General requirements.
(a)
Outside storage. No outside storage of marijuana, marijuana
products, related supplies, or educational materials is permitted,
except for outdoor, open air cultivation operations.
[Ord. of 6-12-2018]
(b)
Visibility of activities. All activities of any LME shall be
conducted indoors, except for outdoor, open air cultivation operations.
[Ord. of 6-12-2018]
(c)
Paraphernalia. Devices, contrivances, instruments and paraphernalia
for inhaling or otherwise consuming marijuana, including, but not
limited to, rolling papers and related tools, water pipes, and vaporizers
may be lawfully sold at a marijuana retailer. No retail marijuana,
marijuana products, or paraphernalia shall be displayed or kept in
a retail marijuana store so as to be visible from outside of the licensed
premises.
(d)
Hours of operation. Operating hours of a marijuana retailer
shall be consistent with the regulations for "Alcoholic Liquors,"
MGL c. 138, unless determined otherwise by the special permit granting
authority. There shall be no hourly restrictions on any other type
of LME, unless imposed by the special permit granting authority as
part of site plan approval.
[Ord. of 6-12-2018]
(e)
On-site consumption of marijuana. The use, consumption, ingestion
or inhalation of marijuana or marijuana products shall only be permitted
at licensed research facilities, as per 935 CMR 500.050(6)(c), within
the confines of the building. On-site consumption is prohibited on
or within the premises of any other LME.
[Ord. of 6-12-2018]
(f)
Sale of alcohol. LMEs are prohibited from selling alcoholic
beverages.
(8)
Design requirements. The following are required for all proposed
operations of an LME.
[Ord. of 6-12-2018]
(a)
Permanent location. Each LME and any part of its operation,
including but not limited to, cultivation, processing, packaging,
and sales, shall be operated from a fixed location within a fully
enclosed building. No marijuana establishment shall be permitted to
operate from a moveable, mobile, or transitory location, except for
outdoor, open air cultivation operations.
(b)
Signage. All signage must comply with the regulations set forth
in Section 7, Sign Regulations.
(c)
Lighting. Outdoor light levels shall not exceed one footcandle
along property lines, nor 10 footcandles for any location on the property.
Any light poles, new or existing, may not exceed 18 feet in overall
height. All outdoor light fixtures must be shielded and aimed down
in order to prevent light trespass onto adjacent properties. The special
permit granting authority may modify this requirement if, upon recommendation
by the Police Director, it is required for adequate safety and security.
(d)
Landscaping. The proposed site shall provide landscaping to
harmonize the LME with surrounding uses. Landscaping shall be provided
as per the requirements listed in Section 6.7.3, Parking lot landscaping.
Trees and shrubs may be clustered. Landscaping must consist of native,
non-invasive plant species. The special permit granting authority
may modify or waive this requirement.
(e)
Parking. Off-street parking must be provided for any LME as specified in Section 6.4, Off-street parking requirements.
(f)
Drive-through facilities. LMEs are prohibited from installing
an on-site drive-through facility.
(g)
Fencing. Fencing may be required if determined necessary by
the Police Director or the Planning Board. The location, height and
type of fencing may be determined by the Planning Board as a condition
of the special permit approval. In no instance shall barbed-wire fencing
be permitted.
(h)
Waste disposal. There shall be no outdoor storage of waste,
including dumpsters, for any marijuana retailer. All waste generated
shall be secured indoors, to be serviced by a professional janitorial
company or medical waste company.
(9)
Filing requirements. Applications to permit an LME must be submitted
to the Building Inspector, or their designee(s). Such applications
for LMEs shall include the following:
(a)
Site plan. A site plan shall be submitted that includes all
information required per Section 12.4.5, Site plan, and must also
include the following:
(b)
Security plan. A security plan shall be submitted, to ensure
the safety of employees, patrons, and the public to protect the premises
from theft or other criminal activity. The security plan shall be
reviewed and approved by the local Police Director, or their designee.
The security plan shall include the following:
(c)
Traffic study. The Planning Board may require a traffic study
that includes an analysis of traffic generation, circulation, and
off-street parking demand to determine sufficient parking and optimum
configuration for site ingress and egress.
(d)
State license. A copy of the license or registration as an LME
from the Massachusetts Cannabis Control Commission or documentation
that demonstrates that said facility and its owner/operators qualify
and are eligible to receive a certification of registration and meet
all of the requirements of an LME in accordance with the regulations
adopted by the Commission, as amended.
(e)
Proof of site control. Evidence that the applicant has site
control and the right to use the site for an LME in the form of a
deed, valid lease, or purchase and sale agreement or a notarized statement
from the property owner certifying the applicant has firm site control.
(10)
Discontinuance of use. Any LME under this section shall be required
to remove all material, plants, equipment, and other paraphernalia
in compliance with regulations established by the Cannabis Control
Commission within 30 days after the expiration or voiding of its license.
(11)
No City liability; indemnification.
(a)
The applicant and all licensees waive and release the City,
its elected officials, employees, and agents from any liability for
injuries, damages, or liabilities of any kind that result from any
arrest or prosecution of the LME owners, operators, employees, clients,
or customers for a violation of state or federal laws, rules, or regulations.
(b)
The applicant, in receiving approvals issued pursuant to this
chapter, and all licensees, jointly and severally, if more than one,
agree to indemnify, defend and hold harmless the City, its elected
officials, employees, attorneys, agents, insurers and self-insurance
pool against all liability, claims and demands on account of any injury,
loss or damage, including, without limitation, claims arising from
bodily injury, personal injury, sickness, disease, death, property
loss or damage or any other loss of any kind whatsoever, arising out
of or in any manner connected with the operation of the LME that is
subject of the approval/license.
(12)
Annual inspection.
(a)
Any operating LME within the City shall be inspected annually by the Building Inspector, or their designee(s), to ensure compliance with this Section 10.12 and with any conditions imposed by the Planning Board as a condition of the special permit approval.
(b)
The first annual inspection shall be more than one year after
beginning operation, but before two years of beginning operation.
(13)
Other laws remain applicable.
(a)
Business license required. At all times while a permit is in
effect the licensee shall possess a valid license.
(b)
To the extent that the state has adopted or adopts in the future
any additional or stricter law or regulation governing the cultivation,
manufacturing, testing, research or retail of marijuana or marijuana
products, the additional or stricter regulation shall control the
LME in the City. Compliance with any applicable state law or regulation
shall be deemed an additional requirement for issuance or denial of
any license under this chapter, and noncompliance with any applicable
state law or regulation shall be grounds for revocation or suspension
of any license issued hereunder.
(c)
Any LME may be required to demonstrate, upon demand by law enforcement
officers of the City of North Adams and/or the local licensing authority,
the source and quantity of any marijuana found upon the licensed premises
are in full compliance with any applicable state law or regulation.
(d)
The issuance of any license pursuant to this chapter shall not
be deemed to create an exception, defense or immunity to any person
in regard to any potential criminal liability the person may have
for the cultivation, possession, sale, distribution, or use of marijuana.
(e)
Prior to the issuance of a special permit, the LME must have
entered into a host community agreement (HCA) with the City. If, upon
review by the City Council, the LME is found to not be fully in compliance
with the HCA, the special permit and/or the local license may be suspended
or rescinded.
[Ord. of 1-12-2016]
11.1.
The use of land, buildings and other structures shall be conducted
in accordance with the following performance standards:
11.1.1.
Dust, dirt, fly ash and smoke: No offensive dust, dirt, fly ash or
smoke shall be emitted into the air. In no case shall material be
exhausted or wasted into the air in excess of one cubic centimeter
of settled matter per cubic meter of air. Smoke or other air contaminant
shall not be discharged into the atmosphere from any single source
of emission, for a period or periods aggregating more than three minutes
in any one hour, which is as dark or darker in shade as that designated
as No. 2 on the Ringelmann Chart as published by the United States
Bureau of Mines, or which is of such opacity as to obscure an observer's
view to a degree equal to or greater than does smoke designated as
No. 2 on the Ringelmann Chart.
11.1.2.
Odors, gases and fumes: No offensive odors shall be emitted which
are perceptible from any property line of the lot on which the operation
is located and shall emit no noxious, toxic or corrosive fumes or
gases. Offensive odors noticeable off the premises where the use is
located shall not exceed the standards established by the Massachusetts
Department of Health.
11.1.3.
Noise: No noise which is objectionable due to volume, intermittence,
beat frequency or shrillness shall be transmitted outside the property
where it originates, and in no case shall exceed 80 decibels at any
property line.
11.1.4.
Wastes: No offensive wastes shall be discarded into any stream, watercourse
or storm sewer.
11.1.5.
Vibration: No vibration greater than an energy ratio of 1.0 shall
be transmitted outside the property where it originates.
11.1.6.
Light: No light which is objectionable due to brightness shall be
transmitted outside the property where it originates.
11.1.7.
Danger:
(1)
No material which is dangerous due to explosion, extreme fire hazard
or radioactivity shall be used, stored or manufactured except in accordance
with applicable codes and regulations of the Commonwealth of Massachusetts.
(2)
No land within the City of North Adams may be used for the collection, treatment, storage, burial, incineration, or disposal of radioactive waste, or toxic waste including but not limited to wastes classified as low-level radioactive waste, unless the site has been approved by a special permit issued by the City Council in accordance with the provisions of Section 12.3 of the Zoning Ordinances.
(3)
Such special permit may impose such conditions and limitations on
the proposed use as the City Council may determine are necessary for
the protection of public health, safety and welfare.
11.1.8.
Environmental and community impact analysis:
(1)
Applicability. Any application for a special permit to be allowed
to conduct a use listed below shall be required to submit, as part
of the special permit application submission, an environmental and
community impact analysis:
(a)
Uses requiring an environmental and community impact analysis:
1.
Multifamily dwellings or developments of more than 12 units.
2.
Nursing home with more than 50 beds.
3.
Hotel, motels, tourist cabin establishments with more than 50
sleeping accommodations.
4.
Shopping centers with more than 10,000 square feet of gross
floor area.
5.
Research and development facilities with more than 20,000 square
feet of gross floor area.
6.
Theaters for indoor motion picture projection with more than
2,000 seats.
7.
Any other use which will be utilizing more than 100,000 square
feet of gross floor area or which can be expected to generate peak
traffic volumes of more than 1,000 "vehicle trip ends" at the "peak
hour of generation," as defined and determined from the Institute
of Transportation Engineers' publication "Trip Generation."
8.
Campgrounds establishing or adding 50 or more sites.
9.
Industrial uses with more than 25,000 square feet of gross floor
area.
10.
Private and public utilities and power plants.
(b)
The environmental and community impact analysis shall clearly
and methodically assess the relationship of the proposed use and/or
development to the natural and man-made environment of North Adams.
This report shall be prepared by an interdisciplinary team of professionals
qualified, experienced, and, where applicable, licensed, in their
fields. Such team may consist of registered professional engineers,
traffic engineers, architects, landscape architects, land use planners,
hydrogeologists, hydrologists, biologists and other environmental
professionals.
(2)
Purpose. It is intended that the report be a guide to the Planning
Board in its deliberations and will build into the Board's decision-making
process an appropriate and careful consideration of the environmental
and community impacts of the proposed use and/or development.
(3)
Analysis. For each of the components of the environmental and community
impact analysis listed under 15.8.4 below,[1] each of the following concerns must be separately addressed:
(a)
The environmental and community impacts of the proposed use
and/or development: All primary and secondary environmental and community
impacts, both beneficial and adverse, anticipated as a result of the
proposed use and/or development. This section shall include all impacts
resulting from the construction phase as well as those resulting from
the project's completion.
(b)
Adverse impacts which cannot be avoided should the proposed
use and/or development be implemented: The report shall describe the
kinds and magnitudes of adverse impacts which cannot be reduced in
severity or which can be reduced in severity, but not eliminated.
(c)
Alternatives to the proposed use and/or development: The report
shall develop, describe, and objectively weigh alternatives to the
proposed use and/or development which are allowed by the Zoning Ordinance.
(d)
Measures to be used to minimize adverse environmental and community
impacts: Corrective and protective measures which will be taken, as
part of the project, to minimize adverse impacts shall be described
in detail.
[1]
Editor's Note: See Section 11.1.8(4).
(4)
Scope. The environmental and community impact analysis shall evaluate
all of the following topics:
(a)
Natural environment:
1.
Air and noise pollution: The impact of local air quality and
noise from the proposed development (including traffic generated from
the development), both during and after construction, shall be evaluated.
The Planning Board may require detailed technical reports of such
impacts.
2.
Water pollution: The impact of storm water runoff on adjacent
and downstream surface water bodies and subsurface groundwater shall
be evaluated. Dangers of flooding as a result of increased downstream
runoff, especially peak runoff. The impact of the proposed project
on water table levels shall also be analyzed.
3.
Land: Compatibility of the proposed development with existing
soils; the impact of any soils or other materials to be removed from
the site; and the potential dangers and impacts of erosion and sedimentation
caused by the proposed development.
4.
Plants and wildlife: The impact that the proposed project may
have on wildlife habitat and on any rare or endangered plant or animal
species known to exist in the area.
5.
Water supply: The average and peak daily demand and the impact
of such demands on groundwater aquifers.
6.
Sewage disposal: The average and peak daily disposal and the
impact of such disposal on groundwater aquifers.
(b)
Man-made environment:
1.
Existing neighborhood land use: Compatibility with adjacent
or nearby existing land uses, or approved private development plans,
if known, for adjacent or nearby land use changes to occur during
the life of the proposed development. If not compatible, reasons therefor
shall be detailed. Consultation with the Planning Board is strongly
recommended.
2.
Zoning: Compatibility of proposed development with the purposes
of the Zoning Ordinance and the zoning district.
3.
Architecture: The style of architecture of the buildings shall
be described; its relation to prevailing types of architecture for
similar buildings; and its compatibility with the function of the
building and to the architecture of adjacent buildings. Sketches,
photos, elevations and renderings are encouraged to illustrate architectural
appropriateness as well as innovation.
(c)
Public service:
1.
Schools: The expected impact on the school system both elementary
and secondary levels, the number of students; projected school bus
routing changes and projections of future school building needs resulting
from the proposed project.
2.
Police: The expected impact on police services, time and manpower
needed to protect the proposed development and service improvements
necessitated by the proposed development.
3.
Fire: Expected fire protection needs; on-site firefighting capabilities;
on-site alarm or other warning devices; fire-flow water needs, source
and delivery system and other needs shall be presented. Fire Department
service improvements necessitated as a result of the proposed project
shall also be discussed.
4.
Recreation: On-site recreation provisions shall be detailed
and off-site recreation demands shall be estimated. Provision for
public open space, either dedicated to the City or available to its
residents, shall be described. Open space available primarily or exclusively
for residents or employees shall also be described.
5.
Solid waste disposal: Analysis of the projected volume and type
of solid waste to be generated by the proposed development and methods
of removal.
6.
Traffic: The expected impact of traffic generated by the proposed
development on area roadways. Discussion shall include existing average
and peak traffic volumes and composition, projected average and peak
traffic generation and composition, intersection impacts and analysis
of area roadway and intersection capacities. Methodologies used to
make projection shall be described in detail.
7.
Highway: Projected need, responsibility and costs to the City
of roadway maintenance shall be analyzed. Impacts of construction
equipment on area roadways shall also be discussed.
8.
Sewage disposal: Analysis of the project average and peak sewage
discharge and the impact of such discharges on the North Adams sewerage
system.
(d)
Aesthetics:
1.
Lighting: The type, design, location, function and intensity
of all exterior lighting facilities shall be described. Attention
given to safety, privacy, security and daytime and nighttime appearance
shall be detailed.
2.
Landscaping: Provisions for landscaping shall be described,
including type, location and function of all plantings and materials.
3.
Visual: Attention given to views into the site and from the
site shall be described. Included shall be long-distance views as
well as views to and from adjacent properties.
(e)
Cost/benefit analysis:
1.
This municipal benefit/cost analysis should follow standard
and usual procedures for measuring both the benefits to be derived
and costs to be incurred by the City of North Adams as a result of
the proposed development. This element should also estimate net benefits
of costs of nonquantifiable environmental impacts.
[Ord. of 1-12-2016; Ord.
of 8-10-2021]
12.1.
Administration and enforcement by Building Inspector:
12.1.1.
This ordinance shall be interpreted, administered and enforced by
the Building Inspector. No building permit shall be issued, except
in compliance with the provisions of this ordinance or a decision
of the Zoning Board of Appeals or the courts.
12.1.2.
Withhold permits: The Building Inspector shall withhold a permit for the construction, alteration or moving of any building or structure if the building or structure as constructed, altered or moved would be in violation of this ordinance or any amendment thereof. No permit or certificate of occupancy shall be granted for a new use of a building, structure or land use which would be in violation of this ordinance. No permit shall be granted for a new use of a building, structure or land which requires site plan approval unless such approval has been secured from the Planning Board in accordance with Section 12.4, Site plan approval.
12.1.3.
Building permit applications: All applications for building permits
shall be accompanied by such plan or plans drawn to scale and showing
the locations and dimensions of the lot to be built upon and such
other information as may be deemed necessary by the Building Inspector
to determine compliance with the provisions of this ordinance.
12.1.4.
Construction: Construction or operators under a building permit shall
conform to any subsequent amendment(s) of this ordinance unless the
use or construction is commenced within a period of not more than
six months after the issuance of the building permit and unless such
construction is continued through to completion as continuously and
expeditiously as is reasonable.
12.2.
Violations of ordinance:
12.2.1.
If the Building Inspector shall be informed or have reason to believe
that any provisions of this ordinance or any permit issued thereunder
has been, is being or is likely to be violated, he shall make or cause
an investigation to be made of the facts, including an inspection
of the property where the violation may exist. If he finds any violations,
he shall give immediate notice in writing to the owner or his duly
authorized agent and to the occupants of the premises and order that
such violation immediately cease. Where it becomes necessary to effectively
enforce this ordinance, he may institute such legal process as deemed
advisable.
12.2.2.
Request to enforce: If the Building Inspector is requested in writing
to enforce a Zoning Ordinance against any person allegedly in violation
of the same and the Building Inspector declines to act, he shall notify,
in writing, the party requesting such enforcement of any action or
refusal to act, and the reasons thereof, within 14 days of receipt
of such request. Any such request not acted upon within 14 days shall
be deemed denied.
12.2.3.
Penalty for violation of Zoning Ordinance: Any person violating any
provisions of this ordinance or amendments thereof, or any of the
conditions under which a special permit or variance is issued, may
be fined not more than $300 for each offense. Each day that such a
violation continues shall constitute a separate offense.
12.2.4.
Any home occupation which represents a significant change or disruption
to a residential area, as determined by the Building Inspector, shall
be penalized by a fine of not more than $100. After two such fines,
the permit may be revoked by the Building Inspector, with the right
to a final hearing of the Zoning Board of Appeals.
12.3.
Special permits:
12.3.1.
Special permit granting authority: Any board designated as special
permit granting authority in this ordinance shall hear and decide
upon applications for special permits upon which such board is specifically
authorized to act under this ordinance in accordance with the provisions
of Section 9, Chapter 40A, of the General Laws. Such special permit
granting authority shall adopt and may, from time to time, amend rules
relative to the issuance of such permits and shall file a copy of
these rules with the City Clerk. Said rules shall not be inconsistent
with the provisions of the revised ordinance or Chapter 40A of the
General Laws.
12.3.2.
Required hearing and notice: Special permits shall only be issued
following public hearings held within 65 days after filing of an application
with the Building Inspector for the special permit granting authority.
Notice of public hearing shall be given by publication in a newspaper
of general circulation in the City once in each of two consecutive
weeks, the first publication to be not less than 14 days before the
day of such hearing, and by mailing it to "parties of interest" as
provided in Section 11, Chapter 40A (General Laws), which include
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, the Planning Board, and the Planning Board of every abutting
City and town.
12.3.3.
Review by other boards and agencies: The special permit granting
authority shall, within 10 days following its next regularly scheduled
meeting after receipt of an application for a special permit, transmit
a copy thereof for review to the Board of Health, Conservation Commission,
Historical Commission, City Engineer, Commissioner of Public Services
and Commissioner of Public Safety and any other municipal board or
agency at the discretion of the special permit granting authority.
Any board or agency to which such application is referred for review
shall make such recommendation as it deems appropriate in writing;
provided, however, that failure to make recommendations within 35
days of receipt by such board or agency of the application for review
shall be deemed lack of opposition thereto.
12.3.4.
Findings required: Before granting a special permit for any use requiring
such permit under the provisions of this ordinance, the special permit
granting authority shall find that the proposed use:
(1)
Will be in harmony with the general intent and purposes of this ordinance;
and
(2)
Will not be detrimental to adjacent uses or to the established or
future character of the neighborhood;
(3)
Will not have vehicular and pedestrian traffic of a type and quantity
so as to cause significant adverse effect to the neighborhood;
(4)
Will not have a number of residents, employees, customers or visitors
so as to cause significant adverse effect to the neighborhood;
(5)
Will not be dangerous to the immediate neighborhood or the premises
through fire, explosion, emission of wastes or other causes;
(6)
Will not create such noise, vibration, dust, heat, smoke, fumes,
odor, glare, adverse visual effects or other nuisance or serious hazard
so as to adversely affect the immediate neighborhood;
(7)
Will not cause degradation of the environment;
(8)
Will not impose an excessive financial burden to the City.
12.3.5.
Conditions, safeguards and limitations:
(1)
Special permits may be issued subject to such conditions, safeguards
or limitation as the special permit granting authority may impose
for the protection of neighboring uses or otherwise serving the purposes
of this ordinance. Such conditions, safeguards or limitations may
include, but are not limited to, the following:
a.
Front, side and rear yards greater than the minimum required by this
ordinance; screening buffers or planting strips, fences or walls as
specified by the authority;
b.
Limitations upon the size, number of occupants, method and time operation,
time duration of the permit or extent of facilities;
c.
Regulation of number and location of driveways or other traffic features,
and off-street parking or loading, or other special features beyond
the minimum required by this ordinance.
(2)
Any conditions, safeguards or limitations shall be imposed in writing
and shall be made a part of the building permit.
12.3.6.
Site plan required: Any use for which a special permit is required shall also require site plan review under the provisions of Section 12.4 of this ordinance.
12.3.7.
Decisions and vote requirements:
(1)
The special permit granting authority shall act within 90 days following
the date of public hearing. Failure to take final action upon an application
for special permit within 90 days shall be deemed to be a grant of
the permit applied for.
(2)
A special permit issued by a special permit granting authority shall
require a two-thirds vote of boards with more than five members, a
vote of at least four members of a five-member board and a unanimous
vote of a three-member board, except where a simple majority is required
by Section 9 of Chapter 40A (General Laws), as amended by Chapter
358 of the Acts of 2020.
12.3.8.
Expiration of special permit: A special permit shall lapse in two
years if substantial use or construction has not begun under the permit
by such date except for good cause.
12.3.9.
Revocation, suspension, and alteration of special permit.
(1)
The special permit granting authority, by at least a two-thirds vote,
may revoke, suspend or alter a special permit or levy a fine not inconsistent
with the provisions of Section 12.2.3 hereinbefore or both if it is
determined after a public hearing that there has been an abuse, misuse,
and/or violation of the conditions placed upon the special permit
by the special permit granting authority or if the holder of the special
permit is in default of any taxes and/or fees owed to the City of
North Adams.
(2)
The Department of Inspection Services, acting through the Building
Inspector or the Health Inspector, either.
(a)
Shall at the request of the special permit granting authority;
or
(b)
May at its own direction
submit to the special permit granting authority an application
for revocation, suspension, or alteration of a special permit previously
issued by the special permit granting authority. Such an application
shall contain evidence of prior complaints, misuse, abuse, and/or
violations of conditions placed upon the special permit by the special
permit granting authority and/or default of any taxes and/or fees
owed to the City of North Adams.
|
(3)
The special permit granting authority shall act within ninety (90)
days following the public hearing. Failure by the special permit granting
authority to take final action on an application for revocation, suspension
or alteration of a special permit within ninety (90) days of the public
hearing shall be deemed a denial of said application.
12.4.
Site plan approval:
12.4.1.
Purpose:
This Section 12.4 of the Zoning Ordinance of the City of North Adams is enacted pursuant to Chapter 40A of the Massachusetts General Laws to protect and promote the health, safety, and general wellbeing of the public. The Site Plan Approval process delineated herein regulates the development of sites and structures in a manner so as to eliminate or minimize nuisances that may be detrimental to public health, safety, and wellbeing. As such, when considering a Site Plan, the Planning Board shall assure:
(1)
Protection of adjacent areas against detrimental or nuisance uses
on the site by provision of adequate surface water drainage; buffers
against light, sound, dust and vibration; and preservation of light
and air;
(2)
Convenience and safety of vehicular, bicycle, and pedestrian circulation
within the site and in relation to adjacent areas, including driveways
on public roads and pedestrian and bicycle accommodation;
(3)
Convenience and safety of parking and loading areas within the site;
(4)
Adequacy of the methods for disposal of wastes; and
(5)
Protection of environmental features, including, without limitation,
open space, groundwater resources, and existing vegetation.
12.4.2.
Projects Requiring Site Plan Approval: No building permit shall be issued for any of the following uses without a Site Plan that has been reviewed and approved by the Site Plan Approval Authority in accordance with the provisions of this Section 12.4:
(1)
New construction of any use designated as "SPA - Use Permitted by-right with Site Plan Approval" in Appendix A "Use Regulation Schedule" of Chapter Z of these Revised Ordinances of the City of North Adams;
(2)
Expansion of 200 square feet or more of any existing use designated as "SPA - Use Permitted by-right with Site Plan Approval" in Appendix A "Use Regulation Schedule" of Chapter Z of these Revised Ordinances of the City of North Adams;
(3)
Resumption of any use described above that has been discontinued
for more than two (2) years; and
(4)
Any Change of Use, as defined in Section 13 hereinafter.
12.4.3.
Site Plan Approval Authority: The Planning Board shall be the Site Plan Approval Authority for the purposes of this Section 12.4.12.4. No individual or entity shall commence development of nor receive a building permit for any uses for which a Site Plan is required by Appendix A without first obtaining Site Plan Approval from the Planning Board under the provisions of this Section 12.4.12.4. For any use requiring a Special Permit by the Zoning Board of Appeals, the Zoning Board of Appeals shall be the Site Plan Approval Authority.
12.4.4.
Site Plan Application: Any individual or entity, unless exempted
by the provisions of 12.4.2 hereinabove, shall submit to the Planning
Board an Application for Site Plan Approval. Such applications shall
contain an application form, a Site Plan, and a determination of applicability
from the Conservation Commission whether the proposed project area
is subject to the Wetlands Protection Act. If the Conservation Commission
determines that the project area is subject thereto then an order
of conditions shall be submitted as part of the application.
12.4.5.
Site Plan. A Site Plan may be prepared on one or more sheets to show
clearly the information required herein and to facilitate the review
and approval of the plan. The Site Plan shall be in the form and provide
the contents as described below:
(1)
Form: The Site Plan unless waived by the Planning Review Committee
at the request of the applicant, shall be prepared by a duly licensed
engineer, architect, landscape architect or land surveyor. Any Site
Plan prepared by a registered engineer, architect, landscape architect
or land surveyor shall bear on each sheet the seal of registration
and actual signature of the preparer, as well as the date of preparation.
All plans, whether or not prepared by a registered professional, shall
be drawn to scale and bear on each sheet, the actual signature of
the preparer and the date of preparation.
(2)
Contents: Said Site Plan shall show the following drawn to a scale
adequate to represent the required information:
(a)
A key map showing the relationship of the subject property to
adjoining properties, existing streets, road and railroad rights-of-way
within 1,000 feet of any part of the property.
(b)
All property boundaries and the use and ownership of abutting
land within 200 feet of the proposed site and the location and use
of any building thereon of the subject property. The North Adams Assessor's
Maps, as amended to the date of filing said Site Plan, shall be acceptable
to show the information required by this paragraph.
(c)
All existing and proposed buildings, structures, parking spaces,
driveway openings, sidewalks, loading areas, and service areas on
the subject property.
(d)
All existing driveways and pedestrian and bicycle accommodation
on abutting public roads and within 200 feet of the property boundaries.
(e)
Provisions for screening, surfacing, lighting, landscaping (including
fences, walls, planting areas, and walkways) and signs.
(f)
Provisions for waste disposal, utilities, drainage, dust, erosion
control and snow storage.
(g)
Interior plans, if deemed relevant by the Planning Board.
(h)
Topographic data for the property at two-foot contour intervals,
showing the existing and proposed grades and the location of natural
features, such as streams, swamps, rock outcrops, and major trees
six inches or more in diameter. The Planning Board may waive the need
for topographic data by a majority vote based on the scope of the
project.
(i)
The name of the development, the name and address of the record
owner or developer, North arrow, scale, date, all easements or rights-of-way
provided for public services or utilities.
(j)
A detailed computation of total lot area, of building floor
area for each type of proposed use, and lot coverage by all buildings.
(k)
The Planning Board may require further information with respect
to such elements listed above.
12.4.6.
Procedure: The following procedure shall be implemented upon the
receipt of an application for Site Plan Approval under this section:
(1)
An application for a Site Plan Approval and a Site Plan subject to
this section shall be submitted, in duplicate, to the Planning Board
Secretary, who shall give the applicant a dated receipt.
(2)
The Planning Board Secretary shall, within two working days after
receipt of the application, transmit copies of the application to
a Planning Review Committee, comprising the Building Inspector, the
Director of Community Development, and the Commissioner of Public
Services, or their designees. Applications shall also be transmitted
by the Planning Board Secretary separately to the Board of Health,
Conservation Commission, and Historical Commission within two working
days after receipt thereof. The Planning Review Committee shall meet
to review applications and determine compliance with the requirements
of Section 12.4.5 and, if so deemed, submit recommendations to the
Planning Board in writing on all applications no more than one week
after receipt. Any board or department to which such an application
is transmitted for review shall submit to the Planning Board Secretary
in writing such recommendations as it deems appropriate; provided,
however, that failure to submit recommendations at least one week
prior to the public meeting at which the application is to be reviewed
by the Planning Board shall be deemed approval by the relevant board
or department.
(3)
The Planning Board Secretary, within two working days of receiving
an application and written recommendations thereon from the Planning
Review Committee, shall transmit such materials to the Planning Board.
(4)
If the Planning Review Committee finds that the application is not
compliant with the requirements of Section 12.4.5, the application
shall be returned to the applicant with a copy of their report and
notification of non-compliance shall be submitted in writing to the
Planning Board. No approval shall be granted on the basis of an application
deemed incomplete or insufficient in accordance with the provisions
of this section.
(5)
If an application is deemed compliant with the requirements of Section
12.4.5, then the Planning Board shall conduct a public meeting within
65 calendar days of the receipt of the applicant by the Planning Board
Secretary.
(6)
Notice of the public meeting shall be given by posting such notice
in a conspicuous place in City Hall for a period of not less than
2 full business days before the date of such meeting and by mailing
notice of the meeting, postage prepaid to "parties of interest", who
shall include the applicant, owner of the property if other than the
applicant, 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.
(7)
The Planning Board may, in approving such a plan, establish a time
period within which the Site Plan Approval so granted shall be exercised.
Such time period shall not exceed two years.
(8)
The granting of Site Plan Approval under the provisions of this section
shall require a majority vote of the Planning Board.
(9)
Within ninety (90) calendar days of receipt of the application by
the Planning Board Secretary, the Planning Board shall notify the
applicant of its determination and actions taken. Should the Planning
Board fail to notify the applicant within ninety (90) calendar days
then approval of application shall be assumed.
(10)
No building permit shall be issued for any building or structure
or use of land for which Site Plan Approval is required unless approval
thereof shall have been obtained in compliance with the above; nor
shall any building permit be issued unless a performance bond is posted
in the amount equal to the estimated cost of the completion of the
work within the public right-of-way for which Site Plan approval is
required. The Planning Board may waive the performance bond by a majority
vote.
12.4.7.
Withdrawal of Application: Any application for Site Plan Approval
under this section, which has been accepted by the Planning Board
Secretary, may be withdrawn without prejudice by the applicant at
any time prior to the public meeting.
12.4.8.
Review by Other Boards and Departments: Any board or department may
recommend and the Planning Board may impose such additional requirements
and restrictions for any use as in the judgment of the reviewing boards
and departments are necessary for the protection of public health,
safety, and wellbeing; the environment; historic integrity; and neighboring
uses.
12.4.9.
Criteria. In reviewing such applications, the Planning Board shall
consider the following:
(1)
Protection of adjoining premises and the general neighborhood from
any detrimental impact resulting from the use of the subject property,
including, but not limited to, creation of a nuisance by virtue of
noise, lighting, odor, unsightliness, signs, or vibration.
(2)
Adequacy as to the arrangement of proposed buildings, structures,
lighting, signs, screening, and landscaping.
(3)
Convenience and safety of vehicular and pedestrian movement within
the site and in relation to adjacent streets, properties or improvements.
(4)
Adequacy of the methods of disposal for sewage, refuse and other
wastes and of the methods of drainage of surface water.
(5)
Provisions for off-street loading and unloading of vehicles incidental
to the servicing of the buildings and related uses on the subject
property.
(6)
Adequacy, arrangement and number of off-street parking spaces in
relation to proposed uses, including the impact of snow storage on
parking.
(7)
Protection of wetland and wildlife habitat.
(8)
Protection of significant historic, scenic and environmental features
of the City.
(9)
Building design, site layout and landscaping will be in a manner
which complements the attractiveness of the City and the surrounding
environment.
12.4.10.
Granting or Denying Site Plan Approval.
(1)
The Planning Board, after site inspection and public hearing, shall
grant the requested Site Plan Approval, shall deny Site Plan Approval
or shall grant Site Plan Approval subject to modifications noted on
the Site Plan and in the Site Plan Approval letter.
(2)
In making its decision, the Planning Board shall give due consideration
to recommendations of other boards and departments as provided in
Section 12.4.8.
(3)
Before granting the Site Plan Approval, the Planning Board shall
make, and the record of the hearing shall contain, specific findings
that the proposed use meets each of the criteria listed in Section
12.4.9 and may require modifications to the Site Plan based on its
review.
12.4.11.
Extension of Time for Planning Board Action: The period within
which final action shall be taken may be extended to a time certain
by mutual agreement of the Planning Board and the applicant.
12.4.12.
Inadequate Information: In the event that the Planning Board
determines that the Site Plan and data presented to it at the public
hearing are inadequate to permit the Board to make a finding and determination,
it may, in its discretion, either deny the application without prejudice
or adjourn the hearing to a later date to permit the applicant to
provide additional data or revisions of the Site Plan or both; provided,
however, that such adjournment shall not extend the period within
which final action under this section must be taken by the Board,
unless such period is extended to a day certain by mutual assent to
the Board and the applicant.
12.4.13.
Certificate of Occupancy and Conformity with Site Plan: No certificate
of occupancy shall be issued for use of any building or structure
or use of land under this section, unless the building or structure
is constructed or used or the land is developed or used in conformity
with an approved Site Plan or any amendment of such plan.
12.4.14.
Revision and Waiver of Plan Requirements:
(1)
A Site Plan may be revised by submitting a written request or revision
to the Planning Board. The Planning Board will review the request
and determine if the revision is considered a minor change or a major
change to the overall Site Plan. If determined by the Board to be
a minor change, the Board will vote to accept or deny the requested
revision at a regularly scheduled meeting. If determined by the Board
to be a major revision, a public meeting on the change will be scheduled
and duly noticed.
(2)
Compliance with all of the foregoing requirements may be waived upon
written request by the applicant to the Planning Board and the Board
may so waive such compliance when in the judgment of the Planning
Board such waiver is not contrary to the public interests and not
inconsistent with the provisions, intent and purposes of this ordinance.
12.5.
Zoning Board of Appeals:
12.5.1.
Appointment, composition and term of office:
(1)
There shall be a Zoning Board of Appeals consisting of five members who shall be citizens of the City. The Mayor shall appoint the members of such Board. Their terms shall be five years in length and so arranged that the term of one member shall expire each year on the first day of January. Said Board may be the same Board created under Article XVI, Section 2-87, of these Revised Ordinances.
(2)
Associate members: The Mayor shall also appoint two associate members
of the Zoning Board of Appeals. The associate members shall be citizens
of the City and shall each serve for the term of five years. The Chairman
of the Board may designate any such associate member to sit on the
Board in case of absence, inability to act or conflict of interest
on the part of any member thereof, or in the event of a vacancy on
the Board until said vacancy is filled in the manner thereinafter
provided.
(3)
Removal: Any member or associate member may be removed for cause
by the Mayor upon written charges and after a public hearing.
(4)
Vacancies: Vacancies shall be filled for the unexpired terms in the
same manner as in the case of original appointments.
12.5.2.
Officers and employees: The Board shall annually elect a Chairman
from its own number and a Clerk and may, subject to appropriation,
employ experts and clerical and other assistants.
12.5.3.
Powers and duties: The Zoning Board of Appeals shall have the powers
and duties conferred by General Laws Chapter 40A, Section 14, which
are:
(1)
To hear and decide petitions for variances from Chapter 40A.
(2)
To hear and decide applications for special permits upon which the
Board may be empowered to act by these ordinances.
(3)
To hear and decide petitions for variances from the terms of these
Revised Ordinances with respect to a particular piece of land or structure.
Such variances shall be granted only in cases where the Zoning Board
of Appeals finds the following:
(a)
That there are circumstances relating to the soil conditions,
shape or topography which especially affect the land or structure
in question, but which do not affect generally the zoning district
in which the land or structure is located.
(b)
That due to those circumstances especially affecting the land
or structure, literal enforcement of the provisions of the Zoning
Ordinance would involve substantial hardship, financial or otherwise,
to the petitioner or appellant.
(c)
That desirable relief may be granted without nullifying or substantially
derogating from the intent or purpose of the Zoning Ordinance.
(d)
That desirable relief may be granted without substantial detriment
to the public good.
12.5.4.
Rules: The Zoning Board of Appeals shall adopt rules, not inconsistent
with the provisions of these Revised Ordinances or Chapter 40A of
the General Laws, for conducting its business and shall file a copy
of said rules with the City Clerk. Meetings of the Board shall be
held at the call of the Chairman and also when called in such other
manner as may be provided for in its rules.
12.5.5.
Appellate procedure: The appellate procedure of the Zoning Board
of Appeals shall be as outlined in Section 14 of said Chapter 40A.
[Ord. of 1-12-2016; Ord.
of 8-10-2021]
13.1.
ABANDONMENT
ACCESSORY BUILDING OR USE
AFFORDABLE HOUSING
ALTERATION
APPENDAGE
ARTIST STUDIO
BED-AND-BREAKFAST
BUILDING
BUILDING AREA
BUILDING COVERAGE
BUILDING HEIGHT
BUILDING LINE
CHANGE OF USE
COURT
CRAFT SPIRITS (BEER, WINE, LIQUOR) PRODUCTION, DISTRIBUTION,
AND ACCESSORY RETAIL SALES
DAY-CARE CENTER
DAY-CARE CENTER, ADULT/ELDERLY
DISTRICT
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
FAMILY
FAMILY DAY-CARE HOME
HOME OCCUPATION
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
HOTEL
INN
LOT
LOT, CORNER
LOT COVERAGE
LOT FRONTAGE
LOT, INTERIOR
LOT LINE
LOT LINE, FRONT
LOT LINE, SIDE
LOT LINES, REAR
LOT WIDTH
MOBILE HOME PARK
MOBILE HOME
MOTEL
MULTIFAMILY DWELLING
NONCONFORMING BUILDING
NONCONFORMING USE
NURSERY SCHOOL
NURSING, REST HOME, HOSPITAL, SANATORIUM
OPEN SPACE
PREMISES
RETAIL SERVICES
SHOPPING CENTER
SIGN
SIGN, FREESTANDING
SIGN, TEMPORARY
SLEEPING ACCOMMODATION
STREET
STREET LINE
SUBSTANTIAL ALTERATIONS
USE
VARIANCE
VETERINARY HOSPITALS AND/OR KENNELS
WETLAND
YARD, FRONT
YARD, REAR
YARD, REQUIRED FRONT, REAR OR SIDE
YARD, SIDE
For the purpose of this ordinance, certain terms or words shall be
defined as below. Words in the present tense include the future, the
singular number includes the plural and vice versa. The word "person"
includes a partnership, corporation or other entity. The word "lot"
includes the word "plot." The word "building" includes the word "structure."
The visible or otherwise apparent intention of an owner to
discontinue a nonconforming use of a building or premises, including
but not limited to the removal of characteristic equipment or furnishings,
or the replacement of the nonconforming use with a conforming use.
Any building or use which is subordinate to and whose use
is subordinate, incidental and accessory to the principal building
or use on the same lot under the same ownership.
Subject to a policy approved by the Planning Board and City
Council.
Any construction, reconstruction or other action resulting
in a change in a structure, including but not limited to the height,
the number of stories or exits, the size, the use or the location
of a building or structure.
The part of a mobile home that may be folded, collapsed,
telescoped or added to the unit, and/or any cabana, carport, canopy
or covered patio that exceeds 50 square feet in area.
A place of work of one or more persons who are engaged actively,
and either gainfully or as a vocation, in the fine arts, including
but not limited to painting, printmaking or sculpting; the performing
and visual arts, including, but not limited to dance, choreography,
photography or filmmaking, ceramics or the composition of music.
A dwelling in which the person resident therein provides
eating and/or sleeping accommodations in not more than four guest
rooms which are not provided with separate cooking facilities and
whose guests use the cooking facility ordinarily used by the resident
family. There shall be one bathroom for every two guest rooms.
Any structure having a roof and intended for the shelter,
housing or enclosure of persons, animals, machinery, equipment or
materials. Any other structure more than eight feet high shall be
considered as a "building," including a solid fence or wall, but excluding
an electric transmission line or an electric light, telegraph or telephone
pole, highway or railroad bridge or flag pole.
The ground area enclosed by the walls of a building together
with the area of all covered porches and other roofed portions.
The percentage which the aggregate building area of all buildings
on the lot bears to the area of the lot.
The vertical distance from the average finished grade within
10 feet from the walls of the building to the highest point of flat
or mansard roof, including the top of a parapet or to the mean level
between the eaves and ridge for gable, hip or gambrel roof.
A line parallel to a street at a distance equal to the required
front yard.
A use which substantially differs from the previous use of
a structure or land. Any change of use from one category of use to
another (e.g., residential to commercial, etc.) or within a category
of use (e.g., single-family to multifamily). A "change of use" shall
also include any change of character of a business activity (e.g.,
retail to wholesale).
An open space, other than a yard, on the same lot with a
building, which space is bounded on three or more sides by the walls
of such building.
Establishments, licensed under the relevant state and federal
statutes, for the production and packaging of alcoholic beverages,
including but not limited to beer, wine, liquor, and hard cider beverages
for distribution retail or wholesale, on or off the premises, with
a capacity of not more than 15,000 barrels (a barrel being equivalent
to 31 gallons) per year, and which may include a tap room where beverages
produced on the premises may be sold and consumed. Such facilities
may include other uses such as a restaurant, including outdoor dining
if otherwise permitted in the zoning district.
[Ord. of 10-22-2019]
Any facility operated on a regular basis whether known as
a day nursery, nursery school, child play school, progressive school,
child development center or preschool or known under any other names,
which receives children not of common parentage for nonresidential
custody or care during part or all of the day separate from their
parents, as further defined in the State Building Code.
Any facility operated on a regular basis which received adults/elderly
not of common kindred for nonresidential custody or care during part
or all of the day.
A district established by the provisions of Section 2 of
this ordinance.
A detached building, other than a mobile home, constituting
a dwelling unit designed for or occupied by one family only.
A detached building, designated for or occupied by two families
living independently of each other, each unit having separate or joint
entrances.
An enclosure containing sleeping, kitchen and bathroom facilities
designed for and used or held ready for use as a permanent residence
by one family.
Any number of individuals related by blood, marriage or adoption,
living together as a single housekeeping unit, provided that a group
of not more than four persons keeping house together but not necessarily
related by blood or marriage may be considered a "family." This definition
may not be used to prohibit the establishment of community residents
for people with disabilities.
Any private residence which, on a regular basis, receives
for temporary custody and care, during part or all of the day, children
under seven years of age or children under 16 years of age if such
children have special needs; provided, however, in either case that
the total number of children under 16 in a "family day-care home"
shall not exceed six, including participating children living in the
residence.
An accessory use of a single- or two-family residential structure,
involving provision of professional services, or sale of goods or
sale of handicrafts and artwork which generates an increase in traffic
within the residential area and which:
Is carried on by members of the family residing on the premises
plus no more than one nonresident assistant or employee;
Is clearly incidental, secondary and accessory to the use of
the structure for residential purposes and comprises not more than
20% of the total floor area of the residence or 450 square feet of
space, whichever is less; no interior structural alteration shall
be permitted if it would make it difficult to return the premises
to an exclusively residential use;
Has no advertising, display, external storage of equipment,
vehicles or supplies associated with the home occupation or other
indication of a home occupation on the premises; no person shall conduct
or allow any operations outside a structure nor maintain or allow
any storage or other unsightly condition outside a structure;
Does not involve shipments (incoming or outgoing) by vehicles
having a gross vehicle weight of more than 8,000 pounds;
Does not involve the handling, use or storage of toxic chemicals
or hazardous waste and produces no obnoxious odors, vibrations, glare,
heat, fumes, smoke, dust, light, electric interference or other external
effect not normally associated with the use of residential property,
detectable to normal sensory perception outside the structure; the
use shall not produce a level of noise which exceeds the level which
is normally associated with the category of dwelling or the immediate
neighborhood;
Does not involve the use of any accessory structures or attached
garages or barns solely for the operation of the home occupation or
sale of goods;
Any retail sales are limited to the sale of products or goods
produced or fabricated on the premises as a result of the home occupation;
No external alteration to the structure which would change the
residential character and appearance of the dwelling;
No artificial outdoor illumination of any kind for permitted
home occupations on the property, including off-street parking areas,
the house or any accessory structures, other than the normal and customary
outdoor lighting for single-family houses (such as a customary porch
light or garage light or walkway light);
Vehicular traffic generated by the home occupation does not
exceed that normally expected in a residential area;
Has sufficient off-street parking spaces, located to the side
or rear of the residential structure, available to provide for the
parking needs generated.
Occupations which do not generate an increase in traffic within
the residential area do not constitute "home occupations" under this
ordinance.
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An establishment providing transient accommodations to the
general public containing 12 or more rooms with no rooms having direct
access to the outside without the necessity of passing through the
main lobby of the building and providing additional services such
as restaurants, meeting rooms and recreation facilities.
An establishment providing transient accommodations to the
general public containing fewer than 12 rooms.
A plot or parcel of land in one ownership ascertainable by
recorded deed or plan, occupied or capable of being occupied by one
principal building and the accessory buildings or uses customarily
incident to it, including such open spaces as are required by this
ordinance. In the case of multiple dwellings and public, institutional,
commercial or industrial buildings, a group of buildings under the
same ownership may be considered as occupying the same lot.
A lot at the intersection of and abutting on two or more
streets.
The percentage of the lot covered by all buildings, parking
areas and structures.
The portion of a lot fronting upon and having access to a
street measured continuously along one street line between side lot
lines, or in the case of corner lots, between one side lot line and
the midpoint of the corner radius, and not to include frontage within
utility transmission easements. In the case of a corner lot, frontage
shall be measured on only one street.
A lot lacking frontage.
The established line between lots or between a lot and a
street.
All dividing lines between a street and the lot shall be
considered "front lines."
The line or lines bounding a lot which extend from the street
towards the rear in a direction approximately perpendicular to the
street. In the case of corner lots, or through lots, all lines extending
from streets shall be considered "side lot lines."
The line bounding a lot at the rear and approximately parallel
to and the maximum distance from the front lot line.
The horizontal distance between side lot lines, measured
parallel to the lot frontage at the proposed building line.
A mobile home park is any lot or tract of land upon which
three or more trailer coaches or mobile homes are occupied for dwelling
purposes, including any buildings, structures or equipment located
thereon in connection therewith.
Any structure, metal or wood, intended for, or so constructed
that it will be primarily suited for, living or sleeping quarters,
which is, has been or can be readily mounted on wheels. The removal
of wheels, axle or both or fabrication of solid foundations under
the structure does not change the classification for the purpose of
this ordinance. (This does not include modular or industrial housing
that is a preassembled unit or units and transported to the site on
wheels but does not have a self-contained foundation and requires
location upon a permanent foundation at the building site.)
An establishment providing transient accommodations to the
general public containing six or more rooms with at least 25% of all
rooms having direct access to the outside without the necessity of
passing through the main lobby of the building.
A dwelling or group of dwellings on one lot containing separate
living units for three or more families, having separate or joint
entrances, services or facilities.
A building, the use or construction of which does not conform
to all the applicable provisions of this ordinance.
A lawfully existing use of land, building or premises which
is not a use permitted by the provisions of this ordinance for the
district in which such land, building or premises are situated.
School licensed by the Massachusetts Department of Education
for daytime care and instruction of preschool children.
Any institution licensed by the Department of Public Health as a nursing, rest home, hospital or sanatorium pursuant to Massachusetts General Laws, Chapter 111, Sections 51 and 71.
Lot area not covered by any structure other than a swimming
pool, and not used for drives, parking or storage.
A lot as defined in this section.
Establishments providing services or entertainment as opposed
to products, to the general public, including real estate, insurance
and personal services.
A group or complex of retail establishments, including but
not limited to retail sales and service stores, shops, banks, indoor
theaters, restaurants and similar establishments, with immediately
adjoining off-street parking facilities.
Any object, device, display or structure, or part thereof,
visible to persons not located on the lot where such object, etc.,
is located, which is used to advertise, identify, display, direct
or attract attention to a distinct object, person, institution, organization,
business, product, service, event or location by any means, including
words, letters, figures, design, symbols, atures, colors, illumination
or projected images. Any change in the name of an establishment or
the use being advertised by the sign shall require a sign which conforms
to this ordinance.
A sign that is attached to, erected on or supported by some
structure (such as a pole, mast, frame or other structure) that is
not itself an integral part of or attached to a building or other
structure whose principal function is something other than the support
of a sign. A sign that stands without supporting elements, such as
"sandwich sign," is also a freestanding sign.
A sign that (a) is used in connection with a circumstance,
situation, or event that is designed, intended or expected to take
place or to be completed within a reasonably short or definitive period
after the erection of such sign, or (b) in addition to the date(s)
of the event, it is intended to remain on the location where it is
erected or placed for not more than 30 days. If a sign display area
is permanent, but the message displayed is subject to periodic changes,
that sign shall not be regarded as "temporary."
Any habitable room or group of rooms forming a single habitable
unit, used or intended to be used for sleeping.
A public way or a way maintained and used as a public way,
attested to by the Commissioner of Public Services and certified by
the City Clerk, or a way shown on a plan approved and endorsed in
accordance with the Subdivision Control Law and the Planning Board's
Rules and Regulations Governing the Subdivision of Land in the City
of North Adams, or other ways in existence when the Subdivision Control
Law first became effective in the City, having, in the opinion of
the Planning Board, sufficient width, suitable grades and adequate
construction to provide for the needs of vehicular traffic in relation
to the proposed use of the land abutting thereon or served thereby,
and for the installation of municipal services to serve such land
and the buildings erected or to be erected thereon. "Street" shall
be deemed to include the entire width of the right-of-way.
The line dividing the street and the lot.
Any repair, reconstruction on or improvement of a structure,
the cost of which equals or exceeds 50% of the assessed value of the
structure either (1) before the improvement or repair is started or
(2) if the structure has been damaged and is being restored, before
the damage occurred. This includes the first alteration of any wall,
ceiling, floor or other structural part of the building whether or
not it affects the external dimensions of that structure.
Synonymous with "land use." The manner in which a parcel
of land or structures on the land are used by parties in possession
of the land. Any use not defined or otherwise provided for within
this ordinance shall be deemed not allowed except by such special
permit procedures as herein provided.
Such departure from the terms of this ordinance as the Zoning
Board of Appeals is empowered to authorize. See Section 12.
A structure or parcel of land used for the harboring and/or
care of more than three dogs that are more than six months old, whether
commercially operated or not.
Land under any water body, swamp, wet meadow or marsh, as defined in Massachusetts General Laws Chapter 131, Section 40, and the regulations promulgated thereunder (310 CMR 10.00).
Any open space between the building and the front lot line,
extending the full width of the lot, or in the case of a corner lot,
extending along all streets.
Any open space between the building and the rear lot line,
extending the full width of the lot.
So much of the front, rear or side yard as is required by
the applicable provisions of this ordinance.
Any open space between the building and a side lot line,
extending from the front yard to the rear yard. Any yard not a rear
yard or a front yard shall be deemed a side yard.
[Ord. of 11-22-2017]
14.1.
Purpose. The purpose of this section is to:
14.1.1.
Provide a permitting process for the installation of commercial-scale
ground-mounted solar energy systems that encourages the use of distributed
energy generation technology;
14.1.2.
Integrate solar energy systems into the community in a manner that
minimizes the impacts on the health, safety, and welfare of residents,
the character and appearance of the City and its neighborhoods, on
property values and on the scenic, historic, and environmental resources
of the City;
14.1.3.
Provide standards and requirements for regulation, placement, construction,
monitoring, design, modification and removal of commercial-scale ground-mounted
solar energy systems; and
14.1.4.
Locate solar energy systems, regardless of scale, in a manner that
minimizes potential negative impacts, such as visual nuisance, noise,
and hazardous conditions, on the general safety, welfare and quality
of life of the City's neighborhoods and the broader community.
14.2.
BUILDING-INTEGRATED SOLAR ENERGY SYSTEM
COMMERCIAL-SCALE GROUND-MOUNTED SOLAR ENERGY SYSTEM
ON-SITE GROUND-MOUNTED SOLAR ENERGY SYSTEM
SOLAR ENERGY SYSTEM
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A solar energy system designed to be mounted on a building.
This definition applies to solar systems or facilities of any capacity
that are designed to be structurally integrated with a building for
on-site consumption.
A solar energy system that has solar panels structurally
mounted on the ground and where the primary use is electrical generation
to be sold to the wholesale electricity markets. This includes appurtenant
equipment for the collection, storage, and distribution of electricity
to buildings or to the electric grid.
A solar energy system that has its solar panels structurally
mounted on the ground and is designed, as an accessory use, to generate
electricity to be primarily consumed by the principal use of the property.
All equipment, machinery, and structures utilized in connection
with the conversion of sunlight to electricity. This includes, but
is not limited to, collection, transmission, storage, and supply equipment,
substations, transformers, and access roads.
14.3.
Building-integrated and on-site ground-mounted solar energy systems.
14.3.1.
Building-integrated solar energy systems. Building-integrated solar
energy systems may be located in any zoning district of the City of
North Adams. Building-integrated solar energy systems shall not be
erected, constructed, installed or materially modified without first
obtaining a building permit from the Building Inspector. The Building
Inspector may require additional structural analysis or other information
as needed to complete permit review.
14.3.2.
On-site ground-mounted solar energy systems. On-site ground-mounted solar energy systems that are designed primarily to generate electricity for on-site use may be located in any zoning district. On-site ground-mounted solar energy systems 1/8 of an acre or greater are subject to site plan approval by the Planning Board in accordance with Section 12.4 of the North Adams Zoning Ordinance. The panels for on-site ground-mounted solar energy systems shall be limited to a height of five feet, unless otherwise approved by the Planning Board.
14.4.
Designated locations for commercial-scale ground-mounted solar energy
systems.
14.4.1.
Commercial-scale ground-mounted solar energy systems may be sited as-of-right, subject to site plan approval in accordance with Chapter Z, Section 12.4 of this chapter, in the Industrial (I-1) District. Commercial-scale ground-mounted solar energy systems may be sited in the AP-1 (Airport) District and the R-2 (Low-Medium Density Residential) District by special permit in accordance with Chapter Z, Section 12.3, and site plan approval in accordance with Chapter Z, Section 12.4.12.4. Commercial-scale ground-mounted solar energy systems are prohibited in all other zoning districts within the City of North Adams.
[Ord. of 10-22-2019]
14.5.
General requirements.
14.5.2.
Setbacks. Setbacks from all boundary lines shall be a minimum of
100 feet for commercial-scale ground-mounted solar energy systems.
The Planning Board may reduce the minimum setback distance, as appropriate,
based on site-specific considerations.
14.5.3.
Site control. At the time of application for a special permit and/or
site plan review, the applicant shall submit documentation of actual
or prospective control of the project site sufficient to allow for
installation and use of the proposed facility and ongoing compliance
with setback requirements. Documentation shall also include proof
of control over setback areas and access roads, if required.
14.5.4.
Emergency services. The applicant shall provide a copy of the project
summary, electrical schematic, and site plan to the City's emergency
services entities, as designated by the Planning Board. Upon request,
the applicant shall cooperate with local emergency services in developing
an emergency response plan. All means of shutting down the solar energy
system shall be clearly marked. The applicant or facility owner shall
maintain a phone number and identify a responsible person for the
public to contact with inquiries and/or complaints throughout the
life of the project.
14.5.5.
Unauthorized access. The solar energy system shall be designed to
prevent unauthorized access. Electrical equipment shall be locked
where possible.
14.5.6.
Emergency response plan. If required by the Planning Board, the applicant
shall prepare an emergency response plan that addresses construction
and operation activities for the solar energy system, and establishes
standards and practices that will minimize the risk of fire danger,
and in the case of fire, provide for immediate suppression and notification.
14.5.7.
Utility notification. No commercial-scale ground-mounted solar energy
system shall be constructed until evidence, satisfactory to the Planning
Board, has been provided that the utility company has been informed
of the operator's intent to install an interconnected customer-owned
generator. Off-grid systems shall be exempt from this requirement.
14.5.8.
Operation and maintenance. The applicant shall submit a plan for
the operation and maintenance of the commercial-scale ground-mounted
solar energy system, which shall include measures for maintaining
safe access to the installation, stormwater controls, as well as general
procedures for operational maintenance of the installation.
14.6.
Required documents for commercial-scale ground-mounted solar energy systems and on-site ground-mounted solar energy systems 1/8 of an acre or greater which qualifies for site plan review. In addition to the submittal requirements under Sections 12.3 and/or 12.4 of the Zoning Ordinance (as applicable), the project proponent shall provide the following documents:
14.6.1.
Blueprints or drawings of the solar photovoltaic installation signed
by a professional engineer licensed to practice in the Commonwealth
of Massachusetts showing the proposed layout of the system and any
potential shading from nearby structures;
14.6.2.
One- or three-line electrical diagram detailing the solar photovoltaic
installation, associated components, and electrical interconnection
methods, with all National Electrical Code compliant disconnects and
overcurrent devices;
14.6.3.
Documentation of the major system components to be used, including
the PV panels, mounting system, and inverter;
14.6.4.
Name, address, and contact information for proposed system installer;
14.6.5.
Name, address, phone number and signature of the project proponent,
as well as all co-proponents or property owners, if any;
14.6.6.
The name, contact information and signature of any agents representing
the project proponent;
14.6.7.
Documentation of actual or prospective access and control of the
project site;
14.6.8.
An operation and maintenance plan;
14.6.9.
Zoning district designation for the parcel(s) of land comprising
the project site [submission of a copy of a zoning map with the parcel(s)
identified is suitable for this purpose];
14.6.10.
Proof of liability insurance; and
14.6.12.
A list of any hazardous materials proposed to be located on
the site in excess of household quantities and a plan to prevent their
release to the environment, as appropriate;
14.6.13.
Documentation by an acoustical engineer of the noise levels
projected to be generated by the installation;
14.6.14.
Documentation of soil types on all land involved with the project;
14.6.15.
Locations of wetlands and priority habitat areas defined by
the Natural Heritage and Endangered Species Program (NHESP);
14.6.16.
Locations of floodplains or inundation areas for moderate- or
high-hazard dams;
14.6.17.
Provision of water, including that needed for fire protection;
and
14.6.18.
Existing trees six inches in caliper or larger.
14.6.19.
The Planning Board may waive documentary requirements that are
not applicable to the project under consideration.
14.7.
Siting criteria.
14.7.1.
Commercial-scale ground-mounted solar energy systems and on-site
ground-mounted solar energy systems 1/8 of an acre or greater shall
be located so as to minimize the potential impacts on the following:
(1)
Visual/aesthetic: Commercial-scale solar energy systems shall, when
possible, be sited off ridgelines to locations where their visual
impact is least detrimental to historic and scenic areas and established
residential areas;
(2)
General health, safety, and welfare of residents;
(3)
Diminution of residential property values; and
(4)
Safety, as in cases of attractive nuisance.
14.7.2.
The following siting criteria for commercial-scale solar energy systems
are ranked in order of preference:
(1)
The use of business-zoned land and industrial-zoned lands, which
comply with other requirements of this section and where visual impact
can be minimized and mitigated, shall be encouraged.
(2)
The use of land distant from higher-density residential properties
and where visual impact can be minimized and mitigated shall be encouraged.
14.8.
Design standards. The following design standards are established
for all proposed installations of commercial-scale ground-mounted
solar energy systems:
14.8.1.
Lighting. No lighting of the solar energy system is permitted. Lighting
of other parts of the installation, such as appurtenant structures,
shall be limited to that required for safety and operational purposes
and shall be reasonably shielded from abutting properties. Where feasible,
lighting shall be directed downward and shall incorporate full cut-off
fixtures to minimize any light pollution from the project.
14.8.2.
Landscaping/buffer requirements. Appropriate landscaping and vegetative buffer shall be installed adequate to visually screen the solar energy system from the boundary of any abutting residential properties that would have a direct view of the proposed installation. The landscaped buffer must be sufficiently dense to block the view of the project from all dwellings abutting the property. The applicant shall submit a landscape plan as required in Section 14.9 (Application requirements) as part of the special permit and/or site plan approval application.
14.8.3.
Fencing. The entire perimeter of the commercial-scale solar energy
system shall be fenced and gated for security to a height of six feet
or higher as required by the National Electrical Code. Use of razor
wire is not permitted.
14.8.4.
Signage. Signs for commercial-scale ground-mounted solar energy systems
shall comply with the sign requirements of the North Adams Zoning
Ordinance, Section 7. A sign no greater than four square feet indicating
the name of the facility owner(s) and a twenty-four-hour emergency
telephone number shall be posted adjacent to the entry gate. In addition,
"no trespassing" or other warning signs may be posted on the fence,
as approved by the Planning Board during site plan review. Commercial
advertising shall not be allowed on any component of the solar energy
system.
14.8.5.
Utility connections. As determined by the Planning Board, all reasonable
efforts shall be made to install all cable connections underground
for the commercial-scale solar energy system, depending on soil conditions,
topography, and any other requirements of the utility provider. Electronic
transformers for utility interconnections may be above ground if required
by the utility provider.
14.8.6.
Appurtenant structures. Equipment shelters and accessory buildings
shall be designed to be architecturally similar and compatible with
each other and shall be no more than 12 feet high. All equipment shelters
and accessory buildings in residential zones will have a minimum setback
of 50 feet, and all other zones will have a minimum setback of 100
feet. The buildings shall be used only for housing of equipment related
to the particular site. Whenever possible, buildings shall be joined
or clustered so as to appear as one building.
14.9.
Application requirements.
14.9.1.
Commercial-scale ground-mounted solar energy systems and on-site
ground-mounted solar energy systems 1/8 of an acre or greater which
requires a special permit shall include the following information:
(1)
Lease/contract. An applicant requesting a permit for a commercial-scale
ground-mounted solar energy system shall provide a copy of the existing
lease/contract with the underlying landowner.
(2)
Landscaping plan. For commercial-scale projects, the applicant shall
submit a landscaping plan as part of site plan approval. The landscaping
plan shall detail the following:
(a)
All proposed changes to the landscape of the site, including
temporary and permanent roads and/or driveways, grading, area of vegetative
clearing, all proposed vegetative planting and screening, and/or fencing;
(b)
Planting design shall include details of the types and size
of plant materials. Landscaping shall be designed in an environmentally
sensitive manner with noninvasive drought-tolerant native plants,
so as to reduce irrigation needs; and
(c)
All landscaping and required buffer areas shall be properly
maintained. Landscape plants shall be monitored for at least two growing
seasons. All plantings that fail to survive shall be replaced.
(d)
Control of vegetation. Herbicides shall not be used to control
vegetation at the solar electric installation. Mowing and grazing
may be used to control vegetation. After the first growing season,
mowing may not be used between May 1 and August 1, in order to protect
pollinator forage and ground-nesting birds.
(3)
Technical documentation. The applicant shall, at a minimum, submit
the following technical documentation regarding the proposed solar
energy system:
(a)
Solar energy system technical specifications, including documentation
in the form of shop drawings or catalogue cuts of the major system
components to be used, including the PV panels, mounting system, and
inverter;
(b)
Drawings of the proposed solar energy system stamped by a professional
engineer licensed in Massachusetts showing the proposed layout of
the system, proposed topographic and other changes to the existing
landscape, and any potential clearing of vegetation;
(c)
Electrical diagram detailing the solar energy system installation,
associated components, and electrical interconnection methods, with
all National Electrical Code compliant disconnects and overcurrent
devices;
(4)
Visualizations for commercial-scale projects. The Planning Board
may select up to three sight lines, including from the nearest building
with a view of the proposed solar energy system, for pre- and post-construction
view representations. View representations, if required, shall have
the following characteristics:
(a)
View representations shall be in color and shall include preconstruction
photographs and accurate post-construction simulations of the height
and extent of the proposed solar installation;
(b)
All view representations shall include existing and proposed
buildings and/or tree coverage; and
(c)
View representations shall include a description of the technical
procedures followed in producing the visualization (distances, angles,
lens, etc.).
(5)
Noise. Noise generated by commercial-scale ground-mounted solar electric
installations and associated equipment and machinery shall conform
to applicable state and local noise regulations, including the DEP's
Division of Air Quality noise regulations, 310 CMR 7.10. A source
of sound will be considered in violation of said regulations if the
source:
(a)
Increases the broadband sound level by more than 10 db(A) above
ambient; or
(b)
Produces a pure tone condition, when an octave band center frequency
sound pressure level exceeds the two adjacent center frequency sound
pressure levels by three decibels or more. Said criteria are measured
both at the property line and at the nearest inhabited residence.
"Ambient" is defined as the background, A-weighted sound level that
is exceeded 90% of the time that the sound levels are measured, without
the equipment in operation, unless established by other means with
the consent of the DEP.
14.9.2.
Expiration. A special permit issued pursuant to this section shall
expire if: (a) The solar energy system is not installed and functioning
within 24 months from the date the permit is issued; or (b) The solar
energy system is abandoned. The Planning Board may extend the special
permit if it deems there are unique circumstances that justify a delay
in the installation and/or functioning of the solar energy system.
14.10.
Technical consultants.
14.10.1.
Upon submission of an application for a special permit or site
plan approval for a commercial-scale ground-mounted solar energy system,
the Planning Board may engage independent technical consultants, whose
services shall be paid for by the applicant(s). These consultants
shall each be qualified professionals with a record of service to
municipalities in one of the following fields:
14.10.2.
Applicants for any special permit under this section shall obtain
permission from the owner(s) of the proposed property and/or facility
site for the City's independent technical consultants to conduct any
necessary site visits.
14.11.
Financial surety.
14.11.1.
Applicants seeking to construct and operate any commercial-scale
ground-mounted solar energy system shall provide a form of surety
to cover the cost of removal and restoration of the site in the event
the site is abandoned. The amount and form of surety shall be determined
by the Planning Board, but in no event shall the amount exceed 125%
of the cost of removal. Applicants shall submit a fully inclusive
cost estimate of the costs associated with the removal of the commercial-scale
ground-mounted solar energy system prepared by a qualified engineer.
The cost estimate accounts for inflation over the life of the system.
All subsequent owners/operators of the system shall continue to provide
a form of surety acceptable to the City until the commercial-scale
solar energy system has been removed. The surety account or bond will
be managed by the City Treasurer's office.
14.12.
Operation, monitoring and maintenance.
14.12.1.
Facility conditions. The commercial-scale ground-mounted solar
energy system's owner or operator shall maintain the facility in good
condition. Maintenance shall address all elements of the project,
including but not limited to structural repairs, landscaping and screening,
fencing and other security measures, stormwater management, and access.
The project owner and site owner shall be responsible for maintaining
the solar energy system and any access road(s), and repairing any
damage occurring as a result of operation and construction.
14.12.2.
Operation and maintenance plan. The project applicant shall
submit a plan for the operation and maintenance of the commercial-scale
solar energy system as part of the special permit and/or site plan
review application. This plan shall include measures for maintaining
safe access to the installation, stormwater management control, and
general procedures for operational maintenance of the facility.
14.12.3.
Modifications. All material modifications to a solar energy
facility made after issuance of the permit and/or site plan approval
shall require approval by the Planning Board as provided in this section.
14.13.
Removal, decommissioning, and abandonment.
14.13.1.
Removal requirements. Any commercial-scale ground-mounted solar
energy system which has reached the end of its useful life or has
been abandoned shall be removed. When the solar energy system is scheduled
to be decommissioned, the site owner and/or facility operator shall
notify the City by certified mail of the proposed date of discontinued
operations and plans for removal. The owner/operator shall physically
remove the solar system installation no more than six months after
the date of discontinued operations. At the time of removal, the solar
system site shall be restored to the state it was in before the system
was constructed or to any other legally authorized use, subject to
all City approvals. More specifically, decommissioning shall consist
of the following:
(1)
Physical removal of all solar photovoltaic installations, including
structures, equipment, security barriers, and transmission lines,
from the site;
(2)
Any utility connections shall be disconnected to the satisfaction
of the North Adams Fire Department and the City's Wiring Inspector;
(3)
Disposal of all solid and hazardous waste in accordance with local
and state waste disposal regulations and standards; and
(4)
Stabilization or revegetation of the site as necessary to minimize
erosion. The Planning Board may allow the owner/operator to leave
landscaping or any designated below-grade foundations in order to
minimize erosion and disruption to vegetation.
14.13.2.
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, a commercial-scale
ground-mounted solar energy system shall be considered abandoned when
it ceases to operate for more than 12 months, without written consent
of the Planning Board. "Cease to operate" is defined as not performing
the normal functions associated with the commercial-scale solar energy
system and its equipment on a continuous and ongoing basis for a period
of one year. The Building Inspector shall confer with the Planning
Board and provide written notification of abandonment to the owner/operator.
If the owner/operator fails to remove the solar energy system in accordance
with the requirements of this section within six months of abandonment
or the proposed date of decommissioning, the City shall have the authority
to enter the property, to the extent duly authorized by law, and physically
remove the solar energy system. As a condition of site plan approval,
the applicant and landowner shall agree to allow entry to remove an
abandoned installation. The City's cost for the removal will be charged
to the property owner in accordance with the provisions of MGL c.
139, § 3A, as a tax lien on the property.