No building, structure or premises shall be
erected, altered or used in a manner which does not conform to the
provisions of this chapter.
A.
Structures or uses lawfully in existence or begun
or for which a building or special permit has been issued before the
first publication of notice of public hearing on this chapter may
be constructed and/or continued in their present use. Provisions of
this chapter shall apply to any change or extension of such a use
or structure and to any construction or operations under a building
or special permit which has not commenced within a period of six months
after the issuance of the permit.
B.
Any nonconforming use abandoned or not used for a
period of two years of more shall be governed by the provisions of
this chapter.
C.
The City Council may grant as a special permit the
right to extend a nonconforming use by up to 25% of its fair market
value or its area or the right to alter the use for a purpose not
otherwise permitted in the district if it is found that the proposed
use will be less obnoxious and in greater conformance with the intent
of the zoning district within which it lies and will promote the purposes
of this chapter.
[Amended 9-1-2009]
[Amended 9-1-2009]
Nothing in this chapter shall prevent substantial
restoration within 12 months and a continuance of use of a building
which has been damaged by fire, explosion, flood, riot, act of public
enemy or acts of any kind to such an extent that the estimated cost
of such restoration does not exceed 3/4 of the fair value of the building
based on the replacement cost immediately prior to such damage. Such
cost estimate, fair value and replacement cost shall be determined
by the Building Commissioner. In the case of a building or structure
not conforming in use or construction to the provisions of this chapter
which apply to the district in which it is located and so damaged
to a greater extent, the City Council may grant a special permit for
restoration and continuance of use where neither will, in its opinion,
be detrimental or injurious to the character of the neighborhood.
Setback and side yard requirements, however, must conform to the minimum
requirements for the district within which the building or use is
to be located. The City Council may grant a special permit for the
right to restore nonconforming uses beyond the 3/4 of fair value limit,
but in no case may the restored value exceed by 25% the replacement
cost immediately prior to such damage.
Nothing in this chapter shall prevent the strengthening
or restoring to a safe condition of any building wall declared unsafe
by the Building Commissioner.
No lot or plot shall be so reduced in area that
any yard, court, open space or lot size shall be smaller than as prescribed
in this chapter for the district in which it is located.
Not more than one building designed or available
for use for dwelling purposes shall be erected or placed or converted
to use on any lot within the City of Chicopee, except as provided
within the Zoning Ordinance. No building to be occupied in any part
for dwelling purposes shall be constructed on any lot unless such
lot has a frontage on a public street or on a street which has been
approved under the provisions of the Subdivision Control Law or on
a private way which is in a condition which meets the design and construction
standards of City streets.
[Amended 9-1-2009]
The provisions of this chapter governing the
height of buildings in all districts shall not apply to parapets,
cupolas, belfries, chimneys, flag- and radio poles, gas holders, grain
elevators, water towers or to bulkheads, hose towers, elevator enclosures,
water tanks, scenery lofts or scenery towers, silos, farm buildings,
churches, municipal or governmental buildings or reception and/or
transmission antenna facilities less than 25 feet in length. The City
Council may grant a special permit for reception and/or transmission
antenna facilities greater than 25 feet in length.
[Added 5-22-1997 by Ord. No. 97-18]
A.
Purpose. The purpose of this section is to comply
with the Telecommunications Act of 1996 and to minimize adverse visual
and physical impacts to properties and persons in surrounding areas
and to the City in general.
B.
Special permits. A wireless communications facility
may be installed upon issuance of a special permit by the City Council.
Special permits for wireless communications land uses are subject
to compliance with the requirements of the underlying zone and to
the following standards. The City Council may, but is not required
to, waive height and/or setback requirements set forth in this section.
Requests for waivers must be made in writing at the time of application,
with suitable documentation relative to site constraints.
[Amended 9-1-2009]
C.
Facility provider control area. Any ground-mounted
or side-mounted wireless communications facility and any accessory
structure shall be enclosed within an area no less than the radius
fall area at least 10 feet greater than the pole height of the facility.
D.
Zoning requirements; Business A, B, and C and industrial
with a special permit. When dimensional requirements of this section
contradict zoning requirements for the zoning district in which the
facility is proposed, this section shall take precedent.
E.
Fencing. Fencing shall be a minimum of six feet in
height with a radius of 15 feet. Fencing may be protective in design,
chain link, not wood, but shall not include barbed wire. Maintenance
of safe access to abutting properties is required.
F.
Screening. A landscaped buffer of evergreen shrubs
and/or trees shall be provided outside the fenced area. Mature vegetative
buffer must equal fence height. Initial plantings of evergreens intended
to serve as the screen shall be five feet in height and spaced no
more than three feet apart. Plants must be maintained in a healthy
condition.
G.
Setback. Ground-mounted facilities shall observe a
setback of 100% plus 10 feet of tower height from nonresidentially
used abutting parcels and 200% of tower height from residentially
used or residentially zone abutting parcels. In no case shall a ground-mounted
or side-mounted facility built as an accessory use be allowed on any
portion of a lot between a street lot line and a principal building.
H.
Co-location. Proposed wireless communication facilities
of any type must demonstrate adequate engineering standards to provide
for the location of two more wireless communications carriers.
I.
Height. Height calculations shall include building
height for roof-mounted facilities. Maximum height for wireless communications
facilities in business zones is 190 feet; in industrial zones is 190
feet.
J.
Discontinuance. All unused facilities or parts thereof
or accessory facilities and structures which have not been used for
more than one year shall be dismantled and removed at the owner's
expense. NOTE: The City will require a minimum bond of $20,000 for
this prior to issuance of a certificate of occupancy. This amount
may be reviewed and altered at five-year intervals.
K.
Additional co-locations. Additional co-locations will
be $50 per carrier; $100 per location.
L.
Procedures for special permits. All special permit
applications for wireless communications facilities shall include
the following:
(1)
A completed copy of the applicable form.
(2)
A locus plan showing all the property lines,
the exact location of all existing and proposed structures on the
site, the fall area, street, landscape features and footprints of
all buildings within 500 feet of the facility.
(3)
A color photograph or rendition of the facility
and all its appurtenances.
(4)
A written description of the facility and the
technical, economic and other reasons for the proposed location, height
and design and its capacity to serve one or more service providers.
(5)
Confirmation that the facility complies with
all applicable federal and state standards.
Except as hereinafter specified, yards and courts
required by this chapter shall be open and unobstructed to the sky.
Cornices, leaders, belt courses, sills and similar ornamental features
may project six inches over any yard.
[Amended 9-21-2010 by Ord. No. 10-41; 10-18-2022 by Ord. No. 22-25]
No owner of land shall permit his property to
become overgrown with underbrush or vegetation or blocked by snow
where such interferes with safe passage or hinders the visibility
of pedestrians or motorists so as to create a traffic hazard thereby,
whether such motorists or pedestrians are on public or private property.
Said owner shall not permit accumulations of rubbish, trash or other
noxious materials unless appropriate licenses or permits required
by law are obtained. This section may be enforced by the Health Department
against the legal owner of the property. Any person or entity who
fails to comply with this section shall be fined $75 for the first
day and $100 each consecutive day after receiving written notice by
the Health Department.
[Amended 9-1-2009; 8-4-2015 by Ord. No. 15-41]
A.
No truck, truck body, truck-towed trailer, tractor-towed trailer
or other equipment manufactured for use for hauling or carrying materials
over the highways shall be used for storage of any materials of any
kind, whether or not said truck, truck body, truck-towed trailer,
tractor-towed trailer or said other equipment is registered in accordance
with MGL c. 90 or in accordance with the laws of any other state;
nor shall the aforesaid be parked or stored in any place in any district
for any time in excess of two weeks, unless said place is used as
a truck terminal or a parking area for equipment rented to members
of the general public for use on the highways. Excluded are those
vehicles or tandem trailers or wheel boxes that are utilized for the
construction of buildings and are placed in a construction site temporarily
and trailers which are utilized for temporary offices or sanitation
stations.
B.
The City Council may, however, authorize by special permit the use
of the above-mentioned equipment for storage by nonprofit organizations,
charitable institutions or for other such activities as the City Council
deems appropriate. Said special permit shall govern the particular
use of said container(s) and shall detail such other provisions and
restrictions as the City Council deems necessary and appropriate.
A.
No person or corporation shall remove ground minerals,
topsoil, gravel, sand or clay from any of the zones in the City of
Chicopee for any purpose or operate a commercial landfill operation
without first obtaining a special permit from the City Council.
[Amended 9-1-2009]
B.
The applicant shall file with the City Clerk a plan
showing the area to be excavated or filled. Said plan shall show the
following information:
(1)
Existing and proposed contours at five-foot intervals.
[Amended 10-20-1981]
(2)
Abutting land use and ownership.
(3)
The location of all entrances and exits to be used
by vehicles working on the site.
(4)
Existing and proposed waterways and ponds.
(5)
An indication that the plan has been reviewed by the
Building Commissioner, City Engineer and the Department of Planning
and Development and the Chicopee Conservation Commission.
[Added 12-2-1980]
C.
No such permit shall be granted to authorize any such
removal or fill which would result in the site being inadequately
drained. No ponding of water shall occur unless specifically approved
within the plan.
D.
All excavation or filling shall be so conducted that
the side banks of the area on all sides wherever such excavation or
filling has been done shall be left safe at all times during the course
of the work, and, upon completion of the same, the area shall be left
in a safe condition so that no overhanging edges shall be left or
any side slopes of more than one vertical to 1 1/2 horizontal.
E.
Each permit shall be granted for a definite period
of time to be fixed by said Board, but no such permit shall be granted
for a period of more than three years from the date thereof. The Board
may revoke said permit if, after holding a public hearing, violations
of this chapter or the permit have been found.
F.
This section shall not be construed to apply to any
such removal or filling incidental to the construction or alteration
of any structure for which a building permit has been obtained or
street which has been approved by the Planning Board.
[Added 12-2-1980]
G.
After termination of the excavation or at the termination
or revocation of the special permit, whichever is sooner, all persons
excavating shall be required to resurface the area excavated with
a minimum of six inches of topsoil covered by hay or straw or other
suitable materials to prevent erosion. All completed and unused areas
shall be seeded and covered with vegetation during the first growing
season following the work.
H.
A performance bond to be filed with the City Treasurer
(to be set by the City Council in consultation with the City Engineer)
shall be required sufficient to insure the completion of all restoration
work and shall be accompanied by an easement to allow such work to
be filed with the Registry of Deeds. The above-mentioned plan shall
be forwarded to the Building Commissioner, who, with cooperation from
the City Engineer, shall inspect all work performed under this chapter.
[Amended 9-1-2009]
I.
All special permits for soil removal or landfill shall
expire upon the lapse of time as fixed by the City Council. Following
such lapse, all rights granted by the special permit shall be extinguished.
The rights granted under a special permit may be reestablished by
filing for a renewal at least 60 days prior to the expiration.
[Added 4-7-1981; amended 9-1-2009]
A.
No pool for which a building permit is required shall
be located nearer than six feet to any lot line.
B.
All such swimming pools shall be enclosed by a chain
link, secure fence or wall at least four feet high. The location of
the fences and the design of the gates and latches must be of a design
which is reasonably secure for very young children in the opinion
of the Building Commissioner.
C.
No swimming pool shall be located within the City
unless it complies with appropriate state and local health codes and
Statewide Building Code.
Between the property lines of streets intersecting
at an angle of less than 135º and a line joining points on such
lines 20 feet distant from their point of intersection, no building
or structure may be erected and no vegetation may be maintained above
a height 3 1/2 feet above the plans through their curb grade.
Within this area, no snow can be piled up above 3 1/2 feet.
Nothing in this chapter shall regulate or restrict
the methods of construction of structures regulated by the State Building
Code.
[Added 9-18-2003 by Ord. No. 03-35[1]]
Subjects which zoning may not regulate, restrict, require special permits for, discriminate against, or exempt; provided, however, that land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements (from MGL c. 40A, § 3):
A.
BUILDING CODE: No zoning ordinance shall regulate
or restrict the use of materials or methods of construction of structures
regulated by the State Building Code.
B.
AGRICULTURE: No zoning ordinance shall prohibit, unreasonably
regulate or require a special permit for the use of land for the primary
purpose of agriculture, horticulture, floriculture, or viticulture;
nor the use, expansion, or reconstruction of existing structures thereon
for the primary purpose of agriculture, horticulture, floriculture,
or viticulture, including those facilities for the sale of produce,
and wine and dairy products.
C.
WETLANDS: No zoning ordinance shall exempt land or
structures from floodplain or wetlands regulations established pursuant
to general law.
D.
SINGLE-FAMILY BUILDINGS: No zoning ordinance shall
regulate or restrict the interior area of a single-family residential
building.
E.
RELIGIOUS USES; CHURCHES: No zoning ordinance shall
regulate or restrict the use of land or structures for religious purposes
F.
EDUCATIONAL USES: No zoning ordinance shall regulate
or restrict the use of land or structures for educational purposes
on land owned or leased by the commonwealth or any of its agencies,
subdivisions or bodies politic or by a religious sect or denomination,
or by a nonprofit educational corporation.
G.
PUBLIC SERVICE CORPORATIONS: Lands or structures used or to be used by a public service corporation may be exempted in particular respects from the operation of a zoning ordinance if, upon petition of the corporation, the Department of Telecommunications and Energy shall, after notice given pursuant to MGL c. 40aA, § 11 and public hearing in the City, determine the exemption is required and find that the present or proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public. This does not include wireless communications facilities.
H.
CHILD CARE; DAY CARE: No zoning ordinance shall regulate or restrict the use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of operating a child-care facility; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. As used in this subsection, the term “child-care facility” shall mean a day-care center or a school-age-child-care program, as those terms are defined in § 275-4.
I.
LIVING ARRANGEMENTS FOR DISABLED: Imposition of health
and safety laws or land use requirements on congregate living arrangements
among nonrelated persons with disabilities that are not imposed on
families and groups of similar size or other unrelated persons shall
constitute discrimination
J.
FAMILY DAY-CARE HOME and large family day-care home, as those terms are defined in MGL c. 28A; § 9, shall be an allowable use unless prohibited or specifically regulated within any zoning district.
K.
FLOATING ZONES: No provision of a zoning ordinance
shall be valid which sets apart districts by any boundary line that
may be changed without adoption of an amendment to the zoning ordinance
or bylaw.
L.
TEMPORARY SHELTER; MOBILE HOMES: No zoning ordinance
shall prohibit the owner and occupier of a residence which has been
destroyed by fire or other natural holocaust from placing a manufactured
home on the site of such residence and residing in such home for a
period not to exceed twelve months while the residence is being rebuilt.
Any such manufactured home shall be subject to the provisions of the
State Sanitary Code.
M.
HANDICAPPED ACCESS RAMPS: No dimensional lot requirement
of a zoning ordinance, including but not limited to setback, front
yard, side yard, rear yard and open space, shall apply to handicapped
access ramps on private property used solely for the purpose of facilitating
ingress or egress of a physically handicapped person, as defined in
MGL c. 22, § 13A.
N.
SOLAR ENERGY: No zoning ordinance shall prohibit or
unreasonably regulate the installation of solar energy systems or
the building of structures that facilitate the collection of solar
energy, except where necessary to protect the public health, safety
or welfare.
O.
AMATEUR RADIO ANTENNA: No zoning ordinance shall prohibit
construction or use of an antenna structure by a federally licensed
amateur radio operator; however, reasonable regulations regarding
location and height may be imposed.
[1]
Editor's Note: This ordinance also repealed
former § 275-35, Agricultural uses.
[Added 6-21-2011 by Ord. No. 11-17]
The purpose of this section is to eliminate infill housing that
fronts on the backyards of existing homes, thus reducing privacy and
creating visually awkwardly placed buildings that may have a negative
impact on neighborhood property values. This section applies to lots
created after June 21, 2011.
A.
Mid-block
lots: For new residential structures proposed for mid-block lots,
the front wall shall be aligned so it is not located behind the rear
wall of any existing abutting residential structure (Figure 1).[2]
[2]
Editor’s Note: Figure 1 is included at the end of this chapter.
B.
Corner
lots: For new residential structures proposed for corner lots or for
lots abutting corner lots where the existing principle building fronts
on the cross street, the front wall of the new building shall be located:
(1)
Within
the average alignment of the existing buildings, where existing buildings
within 300 feet on each side of the lot, on the same side of the street,
and within the same block and district, are set back less than the
required minimum in their zoning district. However, all buildings,
including porches and other parts of the building, must be set back
a minimum of 10 feet; or
(2)
Between
the minimum front setback requirement for its zoning district and
the rear wall of the abutting principle building fronting the same
street (Figure 2).[3]
[3]
Editor’s Note: Figure 2 is included at the end of this chapter.
[1]
Editor's Note: Former § 275-36,
Churches and educational uses, was repealed 9-18-2003 by Ord. No.
03-35.
A.
Any increase in area, frontage, width, yard or depth
requirements through a Zoning Ordinance amendment shall not apply
to a lot for single- or two-family residential use from the time of
recording or endorsement, whichever occurs sooner, which was not held
in common ownership with any adjoining land, which conformed to then
existing requirements at the time of its creation and which has less
than the amended requirements but at least 5,000 square feet of area
and 50 feet of frontage.
B.
If a definitive plan or a preliminary plan followed
within seven months by a definitive plan has been submitted to the
Planning Board for approval under the Subdivision Control Law and
written notice for such submission has been given to the City Clerk
before the effective date of the chapter, the land shown on such plan
shall be governed with provisions of the Zoning Ordinance in effect
at the time of the first submission (if such a definitive plan or
amendment thereof is finally approved) for five years from the date
of the approval and endorsement. Where such plan was submitted or
submitted and approved before January 1, 1976, it shall be governed
by such provisions for seven years from the date of the endorsement
of such approval.
C.
When approval of a plan under the provisions of the
Subdivision Control Law is not required and the plan has been submitted
to the Planning Board with written notice of such submission given
to the City Clerk, use of the land shown on such a plan shall be governed
by applicable provisions of the Zoning Ordinance in effect at the
time of submission while such plan is being processed under the Subdivision
Control Law, including the time required to pursue or wait for the
determination of appeal, and for a period of three years from the
date of endorsement.
D.
Disapproval of a plan shall not serve to terminate
any rights which shall have accrued under the provisions of this section,
provided that an appeal from the decision disapproving said plan is
made under applicable provisions of the Subdivision Control Law. Such
appeal shall stay, pending the order or the decree of the court of
final jurisdiction, the applicability to land shown on said plan of
the provisions of any Zoning Ordinance which becomes effective after
the date of first submission.
E. 
All adjacent land in common ownership must be combined
to meet minimum lot setback and yard requirements. No new lot can
be created which does not meet minimum requirements for the district
within which it lies, except as provided for above.
F.
The record owner of the land shall have the right
to record an instrument in the registry of deeds to waive the five-
or seven-year grace period provisions of this section, in which case
the ordinance then or thereafter in effect shall apply.
[1]
Editor's Note: Former § 275-38,
Wetlands, was repealed 9-18-2003 by Ord. No. 03-35.
[Amended 9-1-2009]
Drive-in restaurants are allowed in Business
A and Business B Districts subject to the issuance of a special permit
by the City Council and in Business A, Business B and Business C zones
subject to the following conditions:
A.
Drive-in restaurants shall be located on a lot with
a minimum of two acres in size.
B.
Drive-in restaurants shall be a minimum of 200 feet
in distance from any church, school or residence.
C.
Any building used for dispensing food shall have a
minimum setback of 100 feet.
D.
Containers for debris shall be kept in easily accessible
areas for the purpose of disposal.
[Amended 7-5-1994 by Ord. No. 94-37; 6-21-2011 by Ord. No. 11-16]
A.
Purpose. The purposes of parking standards are to:
(1)
Provide adequate parking to support the uses served;
(2)
Minimize the detrimental impact of off-street parking on adjoining
properties;
(3)
Minimize parking to encourage the use of public transit or other
alternatives to the automobile;
(4)
Ensure the proper and uniform development of parking areas throughout
the City;
(5)
Ensure safe and convenient circulation of pedestrians and bicycles
within parking areas;
(6)
Ensure proper loading configurations and access; and
(7)
Minimize stormwater runoff from parking lots and structures.
B.
Applicability. These regulations shall apply to:
(1)
New construction, including new site developments and additions to
existing structures.
(2)
Any change of use as a result of voluntary rezoning.
(3)
Conversion of commercial, business, or industrial space to residential
use by special permit.
(4)
Expansion or reduction of existing parking areas.
(5)
Development of new parking lots as commercial enterprises.
C.
General requirements for all parking lots.
(1)
Automobile off-street parking and loading areas cannot be reduced
in area or encroached upon by buildings, vehicle storage, loading
or unloading, or any other use where such reduction or encroachment
will reduce the area below that required by this section.
(2)
Any additional off-street parking and loading facilities required
as a result of an expansion of any use must be likewise established
and maintained or such use is required to cease until such facilities
are provided.
(3)
Site plan review and landscaping shall be conducted in accordance with Chicopee City Code § 275-6, Site plan review.
(4)
Stormwater management. Stormwater management shall be designed and installed in accordance with Chicopee City Code Chapter 231, Stormwater Management.
(5)
Pavement directional arrows and/or signs must be provided in sufficient
quantities and locations so as to ensure safe and efficient on-site
traffic circulation.
(6)
Parking stall dimensions: Parking spaces shall have minimum dimensions
of nine feet by 18 feet.
(9)
Snow storage: Provisions shall be made for storage of snow. Snow
melt shall be directed away from abutting property.
(10)
Driveways: Driveways connecting new off-street parking to streets
for all uses, except residential buildings containing six or fewer
units, shall have a curb radius of at least 20 feet. The closest curbline
of all driveways shall be offset from the curbline of all adjacent
streets and driveways a minimum of 35 feet. Vehicles exiting from
parking areas shall have an unobstructed view of 300 feet in either
direction.
(11)
Screening: All parking lots must be screened from abutting residentially
zoned or occupied property by a fence or evergreen hedge at least
six feet in height. Fences must be "solid" in appearance; plants for
screening hedges must be set close enough together to eliminate gaps
in coverage. Screening materials must be maintained with no gaps in
coverage due to disrepair or unhealthy or dead plantings. Screening
shall not be located to obstruct driver sight lines so as to impair
safety at intersections or driveway entrances or exits.
(12)
Lighting. Lighting shall be installed so that it does not glare
onto residential properties or interfere with the safe operation of
motor vehicles on public roads.
(13)
Maintenance of parking areas. All parking areas shall be kept
clean and free from snow, refuse and debris.
(14)
All parking spaces must be separated from walkways, sidewalks,
roads, streets, or alleys by curbing, and all roads, streets, alleys,
sidewalks, walkways, and lot lines must be protected from vehicular
overhang by wheel bumpers or curbs. Wheel bumpers or curbs must be
installed at least five feet from a street right-of-way line.
(15)
Setback from buildings: Except for parking within an enclosed
structure, no parking space shall be located within eight feet of
a building wall. No access aisle, entrance or exit driveway shall
be located within five feet of a building. Loading docks are exempt
from this requirement.
(16)
Due to the hazards of backing up emergency vehicles to both
the public and fire personnel, the Fire Department would prefer not
to have dead-end aisles in parking lots. However, if that is not avoidable,
dead ends in parking lots shall not exceed 150 feet in length measured
from the center of the travel lane that accesses that parking aisle.
(17)
Open-air parking lots shall be constructed to Department of
Public Works standards, shall be capable of supporting emergency vehicles,
shall have adequate means of ingress and egress for the anticipated
vehicles capable of being parked at the facility and shall have vehicle
travel lanes clearly marked and defined and sized for emergency vehicles.
(18)
Access to a reliable fire protection water source is a concern
of the Fire Department for both parking lots and parking structures.
A reliable fire hydrant connected to the City water main system may
be required to be located at the entrance to a parking lot, and additional
hydrants may be required on the property. The following criteria shall
be considered for locating fire hydrants on or near the property:
the total number of vehicles capable of parking on the property; type
of vehicles parking on the property; and the type, size and number
of structures on the property.
(19)
"No Parking" signs shall be posted on travel lanes.
(20)
The Fire Chief reserves the right to designate fire lanes on
the property and require that they be properly marked and maintained.
E.
Commercial, business, and industrial zones: requirements.
(1)
Off-street loading facilities. Adequate off-street loading and receiving
areas shall be provided for all new business, commercial, industrial
and retail service uses. Off-street loading and receiving areas shall
be designed so that their use does not interfere with parking and
traffic circulation.
(2)
Grades: Parking spaces must not be installed on a grade in excess
of 5%. Interior driveways may not be installed on a grade in excess
of 14%. Interior drive aisles in commercial and industrial areas cannot
be installed on a grade of more than 10%.
(3)
All parking spaces must be separated from walkways, sidewalks, roads,
streets, or alleys by curbing, and all roads, streets, alleys, sidewalks,
walkways, and lot lines must be protected from vehicular overhang
by wheel bumpers or curbs. Wheel bumpers or curbs must be installed
at least five feet from a street right-of-way line.
(4)
Setback from buildings: Except for parking within an enclosed structure,
no parking space shall be located within eight feet of a building
wall. No access aisle, entrance or exit driveway shall be located
within five feet of a building. Loading docks are exempt from this
requirement.
F.
Handicapped parking: Parking spaces for the physically handicapped
shall be designed in accordance with the Rules and Regulations of
the Architectural Barriers Board of the Commonwealth of Massachusetts
Department of Public Service, as such standards may be amended. Handicapped
spaces shall be clearly identified by a sign stating that such spaces
are reserved for physically handicapped persons. The handicapped spaces
shall be located in the portion of the parking lot nearest the entrance
to the use or the structure which the parking lot serves. Adequate
access for the handicapped from the parking area to the structure
shall be provided.
G.
Flexible parking standards. The City Council may by special permit
approve reductions in the number of required parking spaces, if certain
standards and requirements are met as set forth below.
(1)
Where reduction of parking may enhance or preserve the environment,
such as preservation of significant trees or avoiding impact on sensitive
environmental areas, without placing an undue burden on on-street
parking or public parking lots.
(2)
There are one or more bus routes in the immediate vicinity of the
building or buildings.
(3)
There is a public parking facility available to the public within
1,000 feet of a building entrance adequate to meet a designated amount
of the parking requirement.
(4)
Where the size of the lot is so small that meeting the parking requirement
would prevent redevelopment.
(5)
Where there is a bikeway in close proximity to the site and the applicant
demonstrates that the uses in the proposed development are conducive
to bicycle use.
(6)
Where the applicant has demonstrated that the use served does not
need the number of spaces required by this section.
(7)
Where the applicant has demonstrated that demand for multiple uses
on the site peaks at different hours, allowing parking to be shared.
(8)
Where the applicant has demonstrated a shared parking agreement with
an abutting property that has more parking than required for the use
to be served.
(9)
Where the applicant has secured a lease for off-site parking spaces
that is suitably located in the neighborhood in which it is proposed,
and is practically located so it will be used by customers or employees
of said business as deemed appropriate by the permit granting authority.
(10)
For any other good cause shown.
H.
Location of parking and loading facilities.
(1)
All off-street parking and loading facilities required by this section
for any use must be located on and entirely within the same record
lot with that use or on any other lot associated with the premises
(owned by the same individual or entity) within 400 feet of the principal
use building.
(2)
Off-street parking and loading facilities that make it necessary
for vehicles to back out directly into a public road are prohibited,
except that this prohibition does not apply to the off-street parking
area of one single-family detached or semidetached dwelling units.
(3)
All garages or other space allocated for parking of vehicles within
buildings are considered part of the required off-street parking facilities
and may be included as such in computing the requirements outlined
in this section.
I.
Loading facilities.
(1)
For any building in any industrial, or mixed-use zone, adequate off-street
space for the loading and unloading of goods and materials must be
provided, taking into consideration the size of the building and the
uses allowed in such zone.
(2)
Each loading space provided must have a minimum width of 12 feet,
clearance height of at least 14 feet, and a depth sufficient to accommodate
the maximum length of delivery trucks reasonably likely to serve the
building. In the event that intermediate tractor-trailer loading or
unloading is reasonably likely, a depth of 60 feet must be provided.
Loading space shall be located so that trucks will not obstruct pedestrian
or vehicle traffic movement or project into any public right-of-way.
Maneuvering areas must provide a turning radius of not less than 48
feet.
J.
Parking structures design.
(1)
Parking garages must be designed so as to be as open as possible,
have sufficient lighting, and easily visible compatible stairways
and elevator lobbies. The exterior design should match or be compatible
with the other structures on the site or adjacent to the garage.
(2)
Entry to a garage not having direct access to a public street must
be indicated by sufficient signage on site.
(3)
Where an automated directional sign system is installed, there must
be a readily legible indication from the street of the status of available
parking within the structure.
(4)
Where a parking structure abuts (beside, behind or across the street
from) a residential development, the design must not allow headlights
to shine through the structure.
(5)
Parking structures shall comply with all applicable National Fire
Protection Association (NFPA) codes, Massachusetts General Laws (MGL)
and Massachusetts Fire Codes (CMR).
K.
(Reserved)
L.
(Reserved)
M.
(Reserved)
N.
Required number of spaces. (Parking in on-site garages may be incuded
in the calculation.)
(1)
Residential.
(a)
One-, two-, and three-family dwellings and mobile homes: two
spaces per unit.
(b)
Multifamily dwellings, four or more units: 1.5 spaces per unit
plus two guest spaces per 10 units.
(c)
Age-restricted dwellings.
[1]
Nursing and convelescent homes: one space per five beds plus
two spaces per three employees on the largest shift.
[2]
Assisted living: one space per four units plus two spaces per
three employees on the largest shift.
[3]
Age restricted (55 and over) with services: 1.5 spaces per unit
plus two spaces per three employees on the largest shift.
[4]
Age restricted (55 and over) with no services: 1.5 spaces per
unit.
(2)
Nonresidential: Sufficient spaces shall be provided to store the
vehicles used in the conduct of business, in addition to the following
requirements:
(a)
Hotels and motels, boardinghouses: one space per rentable bedroom.
(b)
Churches: one space per four seats.
(c)
Educational services, except nursery schools: one space per
three students' capacity as determined by the design occupancy load
of the facility plus one space per two employees.
(d)
Elementary, junior high and middle schools, public and private:
one space for each employee anticipated during normal school hours.
(e)
High schools, public and private: one space for each employee
anticipated during normal school hours plus one space for each five
students in the senior class or one space for every three seats in
the main auditorium or stadium, whichever is greater.
(f)
Day-care centers, nursery schools: one space per two employees.
(g)
Welfare and charitable institutions.
[1]
Isolation, drug and alcoholic clinics that provide overnight
accommodations: one space per three beds, plus one space per two employees
on the largest shift.
[2]
Isolation, drug and alcoholic clinics that provide daily services
but no overnight stay: one space per 250 square feet in public use
plus one space per 500 square feet of other gross area.
(h)
Hospitals and sanitariums: one space per two beds plus one space
per four employees on the largest shift.
(i)
Membership clubs: one space per two persons' capacity as determined
by the design occupancy load.
(j)
Mortuaries and funeral parlors: 10 spaces per reposing room.
(k)
Eating and drinking places, drive-in restaurants, take-out restaurants:
two spaces per five persons' capacity as determined by the design
occupancy load plus one space per two employees on the largest shift.
A minimum of five spaces shall be provided in all cases.
(l)
Entertainment assembly, sports assembly, commercial recreation:
one space per three persons' capacity as determined by the design
occupancy load.
(m)
Retail stores: one space per 250 square feet in public use plus
one space per 500 square feet of other gross area.
(n)
Personal services, nonautomotive repair services: one space
per 250 feet in public use plus one space per 500 square feet of other
gross area.
(o)
Professional services: one space per 400 square feet of floor
area plus one space per two employees.
(p)
Finance, insurance and real estate: one space per 300 square
feet of floor area plus one space per two employees.
(q)
Business services: one space per 500 square feet in public use
plus one space per two employees.
(r)
Motor vehicle repair service: two spaces per repair stall.
(s)
Industrial uses and manufacturing: one space per two employees
on the largest shift.
(t)
Wholesale trade: one space per two employees on the largest
shift.
(u)
Warehousing and storage: one space per two employees on the
largest shift.
(v)
Utilities: one space per two employees on the largest shift.
(w)
Communications: one space per two employees on the largest shift.
(x)
Motor freight transportation: one space per two employees on
the largest shift.
[Amended 6-19-1984; 12-20-1988]
A.
Special license required.
[Amended 6-6-1989]
(1)
A special license from the City Council is required
for a home occupation. Special license requests require immediate
abutter notification, legal advertisement, a public hearing, a fee
as set by the City Council[1] and yearly renewal. Applications may be obtained and filed
in the City Clerk's office.
[Amended 9-1-2009]
[1]
Editor's Note: The current fees are on file
in the office of the City Clerk.
(2)
The procedure for obtaining a home occupation special
license is as follows:
[Added 3-16-1999 by Ord. No. 99-1]
(a)
Obtain an application from the City Clerk's
office.
(c)
A hearing will be held by the Zoning Committee
of the City Council on the application for the special license in
accordance with this chapter.
[Amended 9-1-2009]
(d)
The City Council will thereafter upon approval
of the Zoning Committee's action vote to issue the special license.
[Amended 9-1-2009]
(e)
Once this special license is granted, a certificate
of occupancy must be obtained from the Building Inspection Department
and a copy forwarded to the Board of Assessors.
(f)
All home occupation special licenses shall expire
on April 30th of each year, unless revoked. Any applications for renewal
of the home occupation special license may be made in the month of
April and shall take effect on May 1 next ensuing.
(g)
If a nonowner of the property is the applicant,
permission must be obtained, in writing, and submitted with the application.
(h)
The City Council may in its discretion grant
a waiver to allow one employee who is not a member of the family if
there is a specific finding by the City Council that the waiver will
not cause any undue hardship to the neighborhood nor disrupt the residential
nature of the residence.
[Amended 9-1-2009]
(3)
The Building Commissioner shall be responsible for
maintaining records of home occupations. If a special license for
a home occupation has expired and the holder of such license has not
received a renewal of the license from the City Council, the Building
Commissioner shall forthwith notify the license holder that the license
has expired, and the operation of the home occupation must cease within
five days, and the holder must renew his license through the License
Committee of the City Council.
[Amended 9-1-2009]
B.
Performance standards. A special license for home
occupation may be granted only if all of the following performance
standards are met:
[Amended 6-6-1989]
(1)
No alteration of the principal building shall be made
which changes the character as a dwelling. In no way shall the appearance
of the structure be altered or the occupation within the residence
be conducted in a manner which would cause the premises to differ
from its residential character, either by the use of colors, materials,
construction, lighting, signs or the emission of sounds, noises or
vibrations.
(2)
No use shall create noise, dust, vibration, odor,
smoke, glare, electrical interference, health hazard or any other
hazard or nuisance to any greater or more frequent extent than that
usually experienced in an average residential dwelling.
(3)
Only one nameplate shall be allowed. It may display
the name of the occupant and/or the name of the home occupation. It
shall not exceed two square feet in area, shall be nonilluminated
and attached flat to the main structure, visible through a window
or posted in front of the building with a maximum height of four feet.
The limitation to one nameplate is intended to apply to all lots,
including corner lots.
(4)
No traffic shall be generated in greater volume than
would normally be expected in a residential neighborhood. The activity
involved shall not assume a commercial or public character or constitute
a health or safety hazard to the neighborhood.
(6)
There shall be no exterior storage on the premises
of material or equipment used as a part of the home occupation.
[Added 3-16-1999 by Ord. No. 99-2]
(7)
The total area used for the home occupation shall
not exceed 1/2 the floor area of the user's living unit.
[Added 3-16-1999 by Ord. No. 99-2]
(8)
A home occupation, including studios or rooms for
instruction, shall provide off-street parking area adequate to accommodate
needs created by the home occupation.
[Added 3-16-1999 by Ord. No. 99-2]
(9)
Any other conditions which the Council shall impose
relating to the health, safety and welfare of abutting property owners.
[Added 3-16-1999 by Ord. No. 99-2; amended 9-1-2009]
C.
Special conditions. The City Council may impose special
conditions upon a home occupation to ensure that the business is conducted
in a manner which is compatible with the surrounding neighborhood.
Such conditions may include but shall not be limited to the following:
[Amended 9-1-2009]
(1)
A requirement for fencing and/or screening of the
subject property from neighboring residences.
(2)
A limitation on the number of vehicles related to
the occupation which may be stored on the premises or parked on an
adjacent right-of-way.
(3)
A restriction on the hours of operation for the home
occupation.
(4)
A requirement that the permit be renewed after a designated
period of time.
(5)
Any other conditions which the City Council shall
impose relating to the health, safety and welfare of abutting property
owners.
D.
Grounds for revocation. Failure to meet the definition in § 275-4 or any of the performance standards outlined in Subsection B above or any condition imposed by the City Council in accordance with Subsection C shall be grounds for denial of a special license for home occupation or for revoking such a special license if one has already been granted.
[Amended 6-6-1989; 9-1-2009]
E.
Enforcement of home occupation regulations. The City
Building Inspector shall have the authority and responsibility to
investigate and enforce issues of unlicensed home occupations. The
Building Inspector, given a question as to whether a hobby or a home
occupation is involved, will make the initial determination and will
notify the parties. If a home occupation is determined, the party
involved will be given 60 days to obtain a license or to cease and
desist. The determination by the Building Inspector may be appealed
as provided for herein. A “hobby” is normally a pastime
that is engaged in for pleasure as opposed to profit. Any individual
found to be in violation of the Home Occupation Ordinance will be
subject to fines up to $25 per day for each violation after a determination
has been made. The effective date is June 15, 1989. Renewal shall
be annually prior to December 31. The fee shall be as set by the City
Council.
[Added 5-20-2003 by Ord. No. 03-20;
amended 9-1-2009]
Uses on corner lots must observe setback requirements
on all facing streets. Rear yard requirements must be observed for
one yard, but only the side yard requirements must be observed for
the other. However, for one- and two-family houses, front yard setback
requirements must be observed on only one street. The setback on the
other street may be the average alignment of all buildings within
300 feet on either side, on the same side of the street and in the
same block and district, provided that such a setback shall be at
least 15 feet.
The location of governmental services, including
such uses as schools, office buildings, essential services, storage
and maintenance buildings, parks, recreation areas and service installations,
are not controlled by this chapter. All applicable lot size, density,
setback, side and rear yard, parking and sign requirements must be
adhered to.
Fences, including hedges, may be no higher than
3 1/2 feet between the street and the setback line where, in
the opinion of the Building Commissioner, they would obstruct visibility
and no higher than eight feet at any point. Fences shall be of a safe,
nonhazardous construction not likely to endanger the health or safety
of the public, in the opinion of the Building Commissioner.
[1]
Editor's Note: Former § 275-45,
Mobile homes as temporary shelter, was repealed 9-18-2003 by Ord.
No. 03-35.
[Amended 9-1-2009]
The City Council may grant a special permit
for the keeping of horses and/or ponies in accordance with the following
conditions:
A.
The minimum acreage required for the keeping of not
more than one equine or stable shall be 1 1/2 acres. One additional
equine shall be permitted for each 10,890 square feet (1/4 acre).
(Foals under six months are not to be counted.)
B.
The location of the stable shall be not less than
100 feet from any street line, not less than 30 feet from any side
lot line and not less than 25 feet from a rear lot line, with a minimum
distance of 60 feet from any dwelling.
C.
Fences must be adequate to contain the animals within
the corral or stable area. Such corral or stable area shall be a minimum
of 5,000 square feet.
D.
Stables, corrals, paddocks or yards shall be properly
drained and reasonably free from excessive odor, dust or mud so as
not to create a nuisance or health hazard to surrounding property
owners.
E.
Maintenance of the stable and property used in the
keeping of equines shall conform to all regulations of the local Board
of Health and the state health authorities.
[Amended 9-1-2009]
Uses, whether or not on the same parcel as activities
permitted as a matter of right, accessory to activities permitted
as a matter of right, which activities are necessary in connection
with scientific research or scientific development or related production,
may be permitted upon the issuance of a special permit, provided that
the City Council finds that the proposed necessary use does not substantially
derogate from the public good.
[Amended 8-4-1987]
No residential lot shall be laid out on a street
or way, wherein a sanitary sewer has not been installed or wherein
provisions have not been made for the installation of a sanitary sewer,
with an area less than 12,500 square feet and with dimensions of less
than 100 feet by 125 feet. All such lots shall be subject to Health
Department approval prior to construction.
[Added 11-20-1984]
A.
On land other than for farms, the use of a smokehouse
may be permitted with the approval of the Board of Health and the
Building Inspector and, as such, may be considered as an accessory
use, located 75 or more feet from any street line and 100 or more
feet from any dwelling. Such accessory use shall not include any activity
conducted for gain.
B.
In residential zones the use of a smokehouse may be
allowed by special permit, subject to the following criteria:
[Added 6-21-2005 by Ord. No. 05-152
(1)
Smokehouses are allowed as accessory uses only.
(2)
Such accessory use shall not dominate the site or
include any activity conducted for gain.
(3)
A smokehouse must be located a minimum of 75 feet
from any street line and 100 or more feet from any dwelling.
(4)
No use of a smokehouse shall create smoke or fire
hazard to adjacent buildings or property.
(5)
All smokehouses shall conform to Massachusetts State
Building Code requirements for fire-resistance rated construction.
(6)
Applications for smokehouse special permits shall be made to the City Council in accordance with Chicopee City Code § 275-9. All provisions of state and local regulations regarding special permits shall apply.
[Amended 9-1-2009]
(7)
Farms are exempt.
[Added 8-2-1983; amended 3-18-2003 by Ord. No. 03-10; 7-6-2004 by Ord. No. 04-73; 6-21-2005 by Ord. No. 05-160A; 10-17-2006 by Ord. No. 06-11G]
A.
Billboards. The purpose of this subsection is to preserve
and promote the public health, safety, and welfare of the residents
of Chicopee by maintaining and enhancing the visual environment, by
protecting areas of scenic beauty or of historic interest, by minimizing
the possible adverse effect of nonaccessory signs on nearby residences,
public resources or private property.
(1)
General requirements:
(a)
The number of billboards in the City of Chicopee
shall be limited to 59 faces. A face consists of a single-sided advertising
area or space.
[Amended 12-19-2006 by Ord. No. 06-19C]
(b)
All billboards must be properly permitted by
both the City of Chicopee and the Outdoor Advertising Division of
the Commonwealth of Massachusetts.
(c)
Billboards and nonaccessory signs shall be governed
by special permit.
(d)
All existing billboards which are properly permitted
may be maintained and repaired but may not be enlarged. A petition
to enlarge or change location shall be subject to the same requirements
as a new application.
(e)
All billboard applications, including, but not limited to, requests to enlarge or change location, shall be subject to the general regulations regarding special permits found in the Chicopee City Code Chapter 275 in addition to the requirements of this section.
(f)
The City Council, when granting a special permit,
may waive distance requirements, provided the applicant submits its
request in writing and can demonstrate the proposed sign will not
create a traffic hazard or visual nuisance. The City Council reserves
the authority to require the applicant to produce necessary documentation,
including photographic simulations or balloon-type tests to determine
visibility. The heights of signs shall be governed by the special
permit and are not subject to sign height limitations in the zoning
district in which they are located.
[Amended 9-1-2009]
(g)
Evaluation of billboard proposals is based on
distance from public land uses, residential land uses, aesthetics
and public safety.
[1]
For billboards that do not exceed 144 square
feet on a surface(s), the following criteria apply:
[a]
The billboard may not be located
within 1,500 feet of a park or the main building entrance of a school
or church.
[b]
The billboard may not be located
within 500 feet of residentially zoned land.
[c]
The billboard may not be located
within 350 feet of any other freestanding billboard or nonaccessory
sign.
[d]
The billboard may not obstruct
the view of and may not be confused with any traffic control devices
and may not cause a traffic hazard.
[e]
The billboard may not obstruct
any scenic or important view.
[f]
The billboard may not contain or
project any flashing or distracting lights or images.
[g]
The billboard must be aesthetically
pleasing.
[2]
For billboards greater than 144 square feet
but less than 800 square feet on a surface(s), the following criteria
apply:
[a]
The billboard may not be located
within 1,500 feet of a park or the main building entrance of a school
or church.
[b]
The billboard may not be located
within 500 feet of a residentially zoned land.
[c]
The billboard may not be located
within 750 feet of any other freestanding billboard or nonaccessory
sign.
[d]
The billboard may not obstruct
the view of and is not confused with any traffic control devices and
does not cause a traffic hazard.
[e]
The billboard may not obstruct
any scenic or important view.
[f]
The billboard may not contain or
project any flashing or distracting lights or images.
[g]
The billboard must be aesthetically
pleasing.
(2)
Each applicant, at the time of application, shall
pay a nonrefundable application fee totaling $100, payable to the
City Clerk.
(3)
An annual inspection fee totaling $100 per face shall
be paid by each permit holder on or before January 15 of each calendar
year.
(4)
Maintenance.
(a)
The maintenance and repair of all billboards
and accessory signs shall be the responsibility of the permit holder
and shall adhere, at a minimum, to the following standards:
[1]
If the sign consists of paper or paper product,
such paper shall not be peeled or ripped.
[2]
If the sign is painted, the paint shall not
be chipped.
[3]
The trim or frame shall not have any missing
pieces or broken parts.
[4]
The so-called uprights, any structural portion,
i.e., frame and superstructure, shall be stained or painted.
[5]
There shall not be any overgrowth of vegetation
on the ground within 10 feet of the so-called uprights or superstructure
of the sign so long as the cutting of such vegetation is within the
control of the sign owner.
(b)
Any continuing violation of this maintenance
requirement for a period of 30 days after written notice from the
Building Inspector to the sign owner describing the nature of the
violation shall be cause for a fine of $100.
(c)
Any continuing violation of this maintenance
requirement for a period of 45 days after written notice from the
Building Inspector to the sign owner describing the nature of the
violation shall be cause for an additional fine of $250.
(d)
Any continuing violation of this maintenance
requirement for a period of 60 days after written notice from the
Building Inspector to the sign owner describing the nature of the
violation shall be cause for removal of such sign by the City at the
owner's expense.
(5)
This special permit shall be construed to include
a warranty by the applicant to maintain the subject billboard or nonaccessory
sign in good repair to the reasonable satisfaction of the Building
Commissioner. Should said permit lapse, be revoked or not be renewed
by the City Council, the City, after notice to the permit holder,
may remove said sign, and the cost of the removal shall be at the
owner's expense.
[Amended 9-1-2009]
B.
Temporary signs. The purpose of this subsection is
to accommodate temporary signage where and when appropriate while
reducing visual blight and ensuring public safety. Temporary signs
will be permitted as follows:
(1)
Restrictions.
(a)
Size. Temporary signs may not exceed nine square feet total
in a residential zone and may not exceed four feet by eight feet in
a nonresidential zone.
[Amended 11-15-2016 by Ord. No. 16-76]
(b)
Height. No temporary sign may be more than eight
feet from the ground when erected or posted.
(c)
Number of signs. Not more than two of the same
type of temporary sign which advertises for the same person, place
or thing may be placed on any one piece of private property at any
one time. Information may not be continued from one sign to another,
thus creating the illusion of a larger sign by placing signs together.
(d)
Public property. No temporary sign may be erected
or posted on or over public property, including but not exclusive
of signs on public property, including but not exclusive of those
attached to utility poles or boxes, other legal signs, trees or shrubs,
or placed in the roadway median or island.
(e)
Public ways. No temporary sign may be placed
in or over a public way without permission from the Superintendent
of Public Works.
(f)
Duration of placement. Temporary signs may be
placed 60 days prior to an event or promotion and must be removed
within seven days following an event or promotion.
(g)
Public safety. Temporary signs are prohibited from interfering with a corner view clearance (§ 275-33) or obstructing visibility of an adjacent driveway.
(h)
Lighting. No temporary sign is to have any type
of artificial lights, including flashing lights, on any part of the
sign or near the sign.
(i)
Responsibility. All temporary signs erected
on private property shall be the sole responsibility of the owner
or lessee of said property.
(2)
Violations.
(a)
Any person or persons violating any part of
this chapter are subject to penalties for each and every day this
Zoning Ordinance is violated. The fine shall be $25 per day after
written notification by the Building Commissioner.
(b)
Any person and/or organization placing signs
pursuant to this chapter shall register the name, address and telephone
number of a contract person with the Building Commissioner. Temporary
signs placed without contact information will be considered in noncompliance.
(c)
Any sign determined by the Building Commissioner
to be either in noncompliance or on public property shall be removed
by the Building Commissioner or his designee. Upon renewal, the Building
Commissioner or his designee shall notify the contact person so designated
as to the location of the removed sign. If the contact person fails
to pick up the removed sign within seven days after notification or
attempted notification of its removal, said sign shall be destroyed.
(3)
Exceptions.
(a)
Emergency signs or signs for road or bridge
construction shall be excluded from the provisions of this subsection.
Further, notwithstanding anything to the contrary, the Chicopee Police
Department, Chicopee Fire Department and Chicopee Emergency Management
personnel shall be exempt from this section.
[Amended 12-4-2018 by Ord. No. 18-53]
C.
Accessory signs.
[Amended 9-1-2009]
(1)
Relief from accessory sign regulations. The City Council may grant a special permit for relief of zoning district accessory sign requirements for size, height, location and numbers of freestanding signs. The application shall be made in accordance with Chicopee City Code § 275-9 and shall demonstrate the following:
(a)
Owing to unusual and distinctive physical conditions
of a site or structures thereon or due to other encumbrances or restrictions,
enforcement of the sign regulations will impose a substantial hardship
on the petitioner.
(b)
The size of the sign, location, design, color,
texture, lighting and materials will complement the architectural
and natural setting.
(2)
Signs requiring a special permit. In addition to the general requirements set forth in the individual zoning districts contained in the Chicopee City Code Chapter 275, the following accessory signs shall require a special permit issued by the City Council.
(a)
Signs with visible moving, revolving or rotating
parts or visible mechanical movement or any description or other apparent
visible movement achieved by electrical, electronic or mechanical
means, and all animated and electronically activated changeable signs
except for time, temperature and date signs.
(b)
Signs that are animated with lights or illuminations
which flash, move, rotate, scintillate, blink, flicker, vary in intensity,
vary in color or use intermittent electronic pulsations.
(c)
Signs on privately owned property that extend
over public property or a public right-of-way.
(3)
All
accessory sign faces shall be removed in their entirety or the sign
covered with plastic material that is opaque that meets the approval
of the Building Department within 30 days after said business ceases
to do business. The provision of this section shall be enforceable
against the property owner, and any property owner violating this
section shall be subject to a per-day violation of $25 after receiving
written notification by the Building Commissioner.
[Added 8-3-2010 by Ord. No. 10-31]
D.
Signs, general.
(1)
Prohibited signs.
(a)
Any signs using the word "stop" or "danger"
or which otherwise present or imply the need or requirement of stopping,
or a caution for the existence of danger, or which are a copy of,
or which for any other reason are likely to be confused with any municipally
approved official sign.
(b)
Any sign that obstructs any door, fire escape,
stairway, ladder or openings intended to provide air, ingress or egress
for any building as required by law.
(c)
Any sign placed in any location where, by reason
of its location, it will obstruct the view of any authorized traffic
sign, signal or other traffic control device; nor may any sign, by
reason of its shape, position or color, interfere with or be confused
with any authorized traffic signal, sign, or device. Further, no sign
shall be placed in the site distance triangle or any other location
where it will obstruct vision of the public right-of-way to a vehicle
operating during ingress to, egress from, or while traveling on the
public right-of way.
(d)
Any sign with more than two sides.
(e)
Any signs placed on or over public property,
including but not exclusive of signs on public property, including
but not exclusive of those attached to utility poles or boxes, or
other legal signs, trees or shrubs, or placed in the roadway median
or island.
E.
Temporary
banners. The purpose of this subsection is to accommodate temporary
banners where and when appropriate while reducing visual blight and
ensuring public safety. Temporary banners will be permitted as follows:
[Added 1-24-2011 by Ord. No. 11-01]
(1)
Restrictions.
(a)
Location. Banners will not be permitted in a residential zone.
(b)
Size. Temporary banners may not exceed four feet by eight feet in
a nonresidential zone.
(c)
Number of banners. Not more than two of the same type of temporary
banner which advertises for the same person, place or thing may be
placed on any one piece of private property at any one time. Information
may not be continued from one sign to another, thus creating the illusion
of a larger sign by placing signs together.
(d)
Duration of placement. Temporary banners may be placed 60 days prior
to an event or promotion and must be removed within seven days following
an event or promotion. Banners that are temporarily being used to
advertise a new business may be placed for no more than 30 days from
the date the business opens.
(e)
Public ways. No temporary banner may be placed in or over a public
way without permission from the Superintendent of Public Works.
(f)
Public property. No temporary banner may be erected or posted on
or over public property, including but not exclusive of those attached
to utility poles or boxes, other legal signs, trees or shrubs, or
placed in the roadway median or island.
(g)
Public safety. Temporary banners are prohibited from interfering with a corner view clearance (§ 275-33) or obstructing visibility of an adjacent driveway.
(h)
Responsibility. All temporary banners erected on private property
shall be the sole responsibility of the owner or lessee of said property.
(2)
Enforcement.
The Building Department will be the enforcing authority.
(3)
The
penalty for violations of said subsection shall be $25 per day.
[1]
Editor's Note: Former § 275-50.1,
Prohibited signs, added 6-21-2005 by Ord. No. 05-160A, was repealed
6-19-2007 by Ord. No. 07-49.
[1]
Editor’s Note: Former § 275-50.2, Accessory
signs requiring special permit, added 6-21-2005 by Ord. No. 05-160A,
as amended, was repealed 3-15-2011 by Ord. No. 11-10.
[Added 12-20-1988]
A.
No owner of residentially zoned land shall permit
his property to be used for the purpose of motor vehicle repair, auto
body repair, storage or repair of stock cars used for racing, storage
of tractor-towed trailers or storage of construction or any other
equipment not used as an accessory use for the maintenance of property.
B.
Excluded are maintenance and general repairs to motor
vehicles which, in the opinion of the Building Commissioner, would
not create noise, dust, vibration, odors, smoke, glare, electrical
interference, dire hazard or any other hazard or nuisance to any greater
or more frequent extent than that usually experienced in any average
residential zoned district. Adverse opinions of the Building Commissioner
are subject to appeal to the Zoning Board of Appeals.
C.
No spray painting or welding using bottled gas shall
be permitted.
D.
No more than one unregistered vehicle that is operable
or inoperable or not currently registered or with a current state
inspection sticker on each residentially zoned property A and B shall
be permitted. The Building Department, upon notification of a violation
of this section, shall visit the property and give the property owner
30 days from the date of the written notice of violation to either
have the vehicle or vehicles currently/legally registered or removed
from the property. The fine for violation of this section shall be
$25 per day to conform to this chapter. This section excludes operable
antique vehicles and vehicles properly garaged.
[Added 11-16-1993 by Ord. No. 93-54; amended 4-16-1996 by Ord. No. 96-20]
[Added 2-20-2001 by Ord. No. 01-06]
A.
No person shall erect a membrane-covered structure
in any residential, commercial or business zoned district without
first obtaining a special permit from the City Council. Excluded from
this requirement are membrane-covered greenhouses used for residential
or commercial horticulture and temporary membrane-covered structures
used for special events.
[Amended 9-1-2009]
B.
No special permit shall be granted unless the following
conditions are met:
(1)
In the judgement of the City Council, the visual
impact of the structure will not adversely impact the area in which
it is located.
[Amended 9-1-2009]
(2)
The use of the structure is consistent with the intent of the district in which the use is located and the general purpose and intent of Chapter 275.
(3)
The structure complies with the dimensional
requirements of the zoning district in which it is located and the
requirements of the Massachusetts Building Code.
(5)
The special permit will not go with the land.
C.
Pursuant to the Massachusetts State Building Code,
any membrane-covered structure erected for more than 90 days requires
a building permit. Any existing membrane-covered structure that had
not been issued a building permit prior to the adoption of this section
requires a special permit.
