A.
Permitted uses in Residential A Districts shall include:
[Amended 12-20-1988]
(1)
Single-family detached dwellings.
(2)
Churches and other places of worship.
(3)
Cemeteries adjacent to or in extension of existing
cemeteries.
(4)
Private schools and colleges.
(5)
Greenhouses accessory to a farm or private residence.
(6)
Governmental services.
(7)
Farms, nurseries and truck gardens.
(8)
Utilities transmission facilities and rights-of-way.
(9)
Golf courses.
(10)
Accessory uses.
B.
Special permits. Special permit uses in Residential
A Districts which may be granted by the City Council shall be as follows:
[Amended 9-1-2009]
(1)
Membership clubs.
(2)
Charitable institutions.
(3)
Garages and stables which are not accessory uses to
the principal structure.
(4)
New cemeteries.
(6)
Hospitals.
(7)
Isolation, drug and alcoholic clinics.
(10)
Parking facilities.
[Added 10-4-1983; amended 5-7-1985]
(11)
Home occupations.
[Added 12-20-1988]
(12)
Permit for more than one unregistered vehicle.
[Added 5-21-1996 by Ord. No. 96-32]
(13)
Animal kennels.
[Added 5-18-1999 by Ord. No. 99-34]
C.
Dimensional requirements shall be as follows:
(1)
Minimum lot size: 10,000 square feet.
(2)
Minimum setback: 25 feet to foundation and 15 feet
to a porch or other part of the building. Where existing buildings
within 300 feet on each side of the lot, on the same side of the street
and within the same block and district, are set back less than the
required minimum, new structures may be erected at the average alignment
of the existing buildings. However, all buildings, including porches
and other parts of the building, must be set back a minimum of 10
feet.
(3)
Minimum lot frontage: 100 feet.
(4)
Minimum lot depth: 100 feet.
(5)
Yards and maximum coverage shall be as follows:
[Amended 9-18-2003 by Ord. No. 03-37; 1-24-2011 by Ord. No. 11-02]
|
Side Yard
(feet)
|
Rear Yard
(feet)
|
Maximum Coverage
(percent)
|
Heights
(feet)
| ||
|---|---|---|---|---|---|
|
Permitted uses
|
6
|
25*
|
NR
|
40
| |
|
Accessory buildings
|
3
|
3
|
40% of rear yard
|
30
| |
|
Membership clubs
|
10
|
25
|
NR
|
40
| |
|
Hospitals
|
25
|
35
|
NR
|
40
| |
|
Charitable institutions
|
10
|
25
|
NR
|
40
| |
|
Isolation, drug or alcoholic clinics
|
25
|
35
|
NR
|
40
| |
|
Garages and stables not accessory to permitted
use
|
10
|
15
|
40% of rear yard
|
30
|
|
NOTES:
NR: No requirement.
*Except that a ground-story rear yard projection
on the building may extend to within 15 feet of the rear lot line.
|
D.
Distance requirements. For the purposes of the distance
requirements specified in this Zoning Ordinance, measurements shall
be from boundary to boundary or from the outer limits of the boundary
from one district to the outer limits of any of the boundary or district
involved.
[Added 4-15-1997 by Ord. No. 97-21]
A.
Permitted uses in Residential B Districts shall include:
[Amended 12-20-1988]
(1)
Single-family detached dwellings.
(2)
Two-family residences.
(3)
Churches and other places of worship.
(4)
Cemeteries adjacent to or in extension of existing
cemeteries.
(5)
Private schools and colleges.
(6)
Greenhouses accessory to a farm or private residence.
(7)
Governmental services.
(8)
Farms, nurseries and truck gardens.
(9)
Utilities transmission facilities and rights-of-way.
(10)
Golf courses.
(11)
Accessory uses.
B.
Special permits. Special permit uses in Residential
B Districts which may be granted by the City Council shall be as follows:
[Amended 9-1-2009]
(1)
Membership clubs.
(2)
Charitable institutions.
(3)
Garages which are not accessory to the principal structure.
(6)
New cemeteries.
(7)
Boardinghouses.
(8)
Hospitals or sanitoriums.
(9)
Isolation, drug and alcoholic clinics.
(11)
Parking facilities.
[Added 10-4-1983; amended 5-7-1985]
(12)
Home occupations.
[Added 12-20-1988]
(13)
Permit for more than one unregistered vehicle.
[Added 4-16-1996 by Ord. No. 96-21]
(14)
Animal kennels.
[Added 5-18-1999 by Ord. No. 99-33]
C.
Dimensional requirements shall be as follows:
(1)
Minimum lot size: single-family dwelling, 7,500 square
feet; other uses, 10,000 square feet.
(2)
Minimum setback: 25 feet to foundation line and 15
feet to a porch or other part of the building. Where existing buildings
within 300 feet on each side of the lot, on the same side of the street
and within the same block and district, are set back less than the
required minimum, new structures may be erected at the average alignment
of the existing buildings. However, all buildings, including porches
and other parts of the building, must be set back a minimum of 10
feet.
(3)
Minimum lot frontage: single-family residence, 75
feet; other uses, 100 feet.
(4)
Minimum lot depth: 100 feet.
(5)
Yards and maximum coverage.
[Amended 9-18-2003 by Ord. No. 03-36; 1-24-2011 by Ord. No. 11-02]
|
Side Yard
(feet)
|
Rear Yard
(feet)
|
Maximum Coverage
(percent)
|
Heights
(feet)
| ||
|---|---|---|---|---|---|
|
Permitted uses
|
6
|
20*
|
NR
|
40
| |
|
Accessory buildings
|
3
|
3
|
40% of rear yard
| ||
|
Membership clubs
|
10
|
20
|
NR
|
40
| |
|
Hospitals
|
25
|
35
|
NR
|
40
| |
|
Charitable institutions
|
10
|
25
|
NR
|
40
| |
|
Isolation, drug or alcoholic clinics
|
25
|
35
|
NR
|
40
| |
|
Garages and stables not accessory to permitted
uses
|
10
|
15
|
40% of rear yard
|
30
|
|
NOTES:
*Except that a ground-story rear yard projection
on the building may extend to within 15 feet of the rear lot line.
NR: No requirement.
|
(6)
Waivers. The City Council may waive dimensional requirements upon
written request of the applicant for a development which, in the opinion
of the City Council, serves to preserve a unique natural area, historical
building, or is determined to be compatible with the neighborhood
in which it is proposed.
[Added 6-17-2014 by Ord. No. 14-6]
E.
Distance requirements. For the purposes of the distance
requirements specified in this Zoning Ordinance, measurements shall
be from boundary to boundary or from the outer limits of the boundary
from one district to the outer limits of any of the boundary or district
involved.
[Added 4-15-1997 by Ord. No. 97-21]
[Amended 3-16-1982; 10-4-1983; 5-7-1985; 6-4-1985; 8-4-1987; 1-15-1991; 2-19-1991 by Ord. No.
91-1; 4-16-1996 by Ord. No. 96-22; 4-15-1997 by Ord. No.
97-21; 5-18-1999 by Ord. No. 99-32; 9-1-2009; 1-24-2011 by Ord. No. 11-04]
B.
Special permit.
(1)
Uses which may be allowed in Residential C Districts by special permit
by the City Council shall be as follows:
(a)
Uses allowed in a Commercial A District which are clearly subordinate
to the multifamily dwellings. Total floor area of Commercial A uses
may not exceed 30% of the total floor area of the multifamily use.
(b)
Membership clubs.
(c)
Charitable institutions.
(d)
Parking facilities.
(e)
Permit for more than one unregistered vehicle.
(f)
Animal kennels.
(g)
Cemeteries.
(h)
Hospitals.
(i)
Home occupations.
C.
Waivers. The City Council may waive dimensional requirements upon
written request of the applicant for a development which, in the opinion
of the City Council, serves to preserve a unique natural area, historical
building, or is determined to be compatible with the neighborhood
for which it is proposed.
D.
Dimensional requirements.
(2)
Distance between buildings: all principal buildings shall be separated
by a minimum of 25 feet.
(3)
Yards. Required minimum front, side and rear yard setbacks.
(a)
Front yard setback:
[1]
One-, two-, and three-family: 25 feet to closest portion of
the structure and 15 feet to a porch.
[2]
Multifamily, governmental services, uses by special permit:
25 feet. On a corner lot, one setback may be 20 feet where there is
no parking between the building and the street.
[3]
Setback exemption: Where existing buildings within 300 feet
on each side of the lot, on the same side of the street and within
the same block and district, are set back less than the required minimum,
new structures may be erected at the average alignment of the existing
buildings. However, all portions of structures must be set back a
minimum of 10 feet.
(6)
Height. Height shall be limited to 40 feet for all principle uses.
(7)
(8)
Signs: Multifamily, governmental services, uses by special permit:
One freestanding sign no larger than 20 square feet on a side may
be allowed for each project. Location and size of signs on buildings
and ground sign locations shall be approved as part of the site plan
and/or special permit. Attached signs extending more than three feet
above the roofline are prohibited.
(10)
Fencing and screening. (See also Chicopee City Code, § 275-44, Fences.)
(a)
Multifamily: Fencing is required where multifamily housing developments abut nonresidentially zoned or occupied property. Fences may not exceed four feet within front setbacks, eight feet in side yards, and eight feet in rear yards. On corner lots, fences, walls, and shrubbery may not exceed the height restrictions identified in Chicopee City Code, § 275-33, Corner view clearance.
(b)
Governmental services, uses by special permit: Fencing is required where governmental services or special permit uses abut residentially zoned or occupied property. Security fences may not excede eight feet on front, side or rear setbacks. Decorative or screening fences may not exceed four feet in front setbacks, eight feet in side yards, and eight feet in rear yards. On corner lots, fences, walls, and shrubbery may not exceed the height restrictions identified in Chicopee City Code, § 275-33, Corner view clearance.
(11)
Open Space. Multifamily developments (four units or more) shall
provide a minimum of 500 square feet of open space per unit. The open
space shall be a contiguous area or multiple areas, provided no area
is less than 2,000 square feet. Open space areas must contain landscaping
and open areas for outdoor recreation. Land between the property line
and building setbacks cannot be counted toward the total open space
requirement for the project.
|
Uses
|
Minimum Area
|
Minimum Lot Frontage
(feet)
|
Minimum Lot Depth
(feet)
|
Minimum Front Setback *[a][b]
(feet)
|
Minimum Side Yard
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Height
(feet)
| ||
|---|---|---|---|---|---|---|---|---|---|
|
Single-family dwelling
|
7,500 square feet
|
1 unit
|
75
|
100
|
25
|
6
|
20
|
40
| |
|
Two-family dwelling
|
10,000 square feet
|
2 units
|
100
|
100
|
25
|
10
|
20
|
40
| |
|
Three-family dwelling
|
10,000 square feet
|
3 units
|
100
|
100
|
25
|
15
|
20
|
40
| |
|
Multifamily
|
30,000 square feet
|
4+ units
|
150
|
200
|
25
|
20
|
30
|
40
| |
|
Governmental services
|
30,000 square feet
|
150
|
200
|
25
|
20
|
35
|
40
| ||
|
Accessory
| |||||||||
|
One-, two, and three-family
|
25
|
3
|
3
|
20 feet detached
| |||||
|
Multifamily, all other
|
N/a
|
N/a
|
N/a
|
25
|
10
|
10
|
40 feet detached
| ||
|
Membership clubs
|
30,000 square feet
|
100
|
100
|
25
|
20
|
35
|
40
| ||
|
Hospitals
|
30,000 square feet
|
100
|
100
|
25
|
20
|
35
|
40
| ||
|
Charitable institutions
|
30,000 square feet
|
100
|
100
|
25
|
20
|
35
|
40
| ||
|
Parking facilities
| |||||||||
|
NOTES:
| |
|---|---|
|
N/a = Not applicable
| |
|
*
|
See also setback exemption in § 275-54D(3)(a)[3].
|
|
[a]
|
See also corner lot setback in § 275-42.
|
|
[b]
|
Corner lot exception: Multifamily dwellings may observe
20 feet on one street if no parking between building and street.
|
E.
Plan approval. All proposed multifamily developments shall follow review, submission, and approval requirements in accordance with Chicopee City Code, § 275-6, Site plan review.
F.
Distance requirements. For the purposes of the distance requirements
specified in this Zoning Ordinance, measurements shall be from boundary
to boundary or from the outer limits of the boundary from one district
to the outer limits of any of the boundary or district involved.
A.
All mobile homes, including relocated units, shall
be located in a Residence D District. A Residence D District shall
have a minimum of five acres in total land area.
B.
Permitted uses. Permitted uses shall include mobile
homes, accessory buildings, recreation buildings, management and maintenance
buildings.
C.
Density requirements. The density of development or
mobile homes per acre of land shall not exceed seven units per acre.
D.
Open space. Mobile home parks shall have at least
20% of total land area in landscaped and recreational space. At least
50% of this requirement shall be in usable open space. This requirement
may not be filled by landscaped areas within mobile home lots or in
required setbacks.
E.
Setbacks. No mobile home or accessory building shall
be within 25 feet of a public right-of-way. All mobile homes shall
be set back a minimum of 15 feet from any street within the development.
No mobile home shall be within 20 feet of any other mobile home.
F.
All proposed mobile home developments shall follow
all review, submission and approval requirements as set down by the
Planning Board in the Subdivision Regulations after appropriate zoning
has been confirmed or attained.
G.
All residential units shall be installed on foundations,
without wheels, in a permanent manner.
H.
Owners of existing mobile home parks as of the date
of adoption of this subsection or any mobile home park owner with
an approved mobile home park pursuant to this chapter, within a Residence
D District, shall be permitted to convey individual lots to individual
owners within the mobile home park, provided that:
[Added 9-5-1989]
(1)
Any lot so conveyed, purchased or sold shall be subject
to an agreement obligating the owner of said lot to join an association
of unit owners, which association should be responsible for the centralized
management of the mobile home park in its entirety and provide for
the maintenance and improvement of common areas, common streets and
ways within the mobile home park and common utilities within the mobile
home park, hence said association shall provide for control of its
actions by a one-vote-per-lot rule and shall have the ability to enforce
as equitable lien on said lots for the cost of said common areas,
common streets, ways and common utilities.
(2)
Use of any lot within a Residence D District is hereby
restricted to mobile homes and appurtenant storage sheds, garages
and other appurtenant uses.
(3)
The minimum lot frontage of any lot so conveyed by
the owner of a mobile home park, on either a public or private way
shall be 35 feet, and the minimum square footage of any lot so conveyed
shall be 3,500 square feet; (Mobile Home Parks in existence prior
to the enactment of this subsection need only comply with 3,200 square
feet.)
(4)
The Planning Board for the City of Chicopee has approved
said lots on either an approval-not-required or an approval-required
plan submitted in accordance with the Massachusetts Subdivision Control
Law, and said lots shall be subject to any regulations or covenants
imposed by the Planning Board of the City of Chicopee pursuant to
the provisions of the Massachusetts Subdivision Control Law.
(5)
In no event shall the space occupied by a mobile home
on any lot so conveyed by the owner of a mobile home park exceed 50%
of the individual lot area.
I.
Distance requirements. For the purposes of the distance
requirements specified in this Zoning Ordinance, measurements shall
be from boundary to boundary or from the outer limits of the boundary
from one district to the outer limits of any of the boundary or district
involved.
[Added 4-15-1997 by Ord. No. 97-21]
A.
This district is designed for business uses that are
intended to serve a neighborhood and to be compatible with residential
areas.
B.
Permitted uses in Commercial A Districts shall include:
(1)
Accessory.
(2)
Commercial greenhouses.
(4)
Educational services.
(5)
Finance, insurance and real estate services.
(6)
Membership clubs.
(7)
Personal services.
(8)
Professional services.
(9)
Repair services other than for automobiles, trucks
and motorcycles.
(10)
Retail trade without outdoor storage.
(11)
Welfare and charitable services.
C.
Special permits. Uses which may be granted in Commercial
A Districts by the City Council shall be as follows:
[Amended 10-4-1983; 5-7-1985; 9-1-2009]
D.
Dimensional requirements shall be as follows:
(1)
Minimum lot size: no requirements.
(2)
Minimum setback: 25 feet. Where parts of existing
buildings within 300 feet on each side of the lot, on the same side
of the street and within the same block and district, are set back
less than the required minimum, new structures and additions may be
erected at the average alignment of the corresponding parts of existing
buildings. No outdoor storage may be within 10 feet of the street
line.
(3)
Yards and maximum coverage: side and rear yard requirements
apply only to land abutting residential districts.
[Amended 1-24-2011 by Ord. No. 11-02]
|
Side Yard
(feet)
|
Rear Yard
(feet)
|
Maximum Coverage
(percent)
|
Height
(feet)
| ||
|---|---|---|---|---|---|
|
Permitted uses
|
10
|
15
|
65
|
40
| |
|
Accessory uses
|
5
|
15
|
15
|
30
| |
|
Auto service stations
|
25
|
25
|
50
|
25
| |
|
Ground signs
|
5
|
15
|
NR
|
15
|
|
NOTES:
NR: No requirement.
|
(4)
Maximum size for all business uses shall be 3,000
square feet of floor area for each business unit.
E.
Special conditions.
(1)
Signs. One ground sign may be allowed for each building
set back at least 25 feet. Ground signs may be no larger than 35 square
feet on each side nor have a total surface area greater than 70 square
feet. No sign over six square feet in area on each surface may extend
over a sidewalk when attached to a building. Signs extending above
the roofline are prohibited. Signs on a store shall be no wider than
75% of the width of the storefront or wall of the premises which is
occupied by the store erecting the sign. Billboards are prohibited.
[Amended 10-17-2006 by Ord. No. 06-11G]
(2)
Screening. Any principal or accessory building or
use abutting residentially zoned land must be screened by a solid
wall, fence or hedge at least eight feet in height.
(3)
Dwelling units. No residential unit may be located
on the first floor of a building also used for commercial or business
purposes.
F.
Distance requirements. For the purposes of the distance
requirements specified in this Zoning Ordinance, measurements shall
be from boundary to boundary or from the outer limits of the boundary
from one district to the outer limits of any of the boundary or district
involved.
[Added 4-15-1997 by Ord. No. 97-21]
[Added 12-1-1981]
A.
This district is designed for businesses that are
intended to enhance a neighborhood's cultural, historic and aesthetic
environment while retaining commercial activity compatible with residential
areas.
D.
Dimensional requirements shall be as follows:
(1)
Minimum lot size: no requirements.
(2)
Minimum setback: 25 feet. Where parts of existing
buildings within 300 feet on each side of the lot, on the same side
of the street and within the same block and district, are set back
less than the required minimum, new structures and additions may be
erected at the average alignment of the corresponding part of existing
buildings. Outdoor storage may be allowed only as an accessory use
and shall be restricted to the rear lot. Such storage may not cover
more than 20% of the rear lot area.
(3)
Yards and maximum coverage: Side and rear yard requirements
apply only to land abutting residential districts.
|
Use
|
Side Yard
(feet)
|
Rear Yard
(feet)
|
Maximum Coverage
(percent)
|
Height
(feet)
| |
|---|---|---|---|---|---|
|
Permitted uses
|
10
|
15
|
65
|
40
| |
|
Accessory uses
|
5
|
15
|
15
|
30
| |
|
Ground signs
|
5
|
NR
|
NR
|
10
|
|
NOTES:
NR: No requirement.
|
(4)
Maximum size for all business uses shall be 3,000
square feet of floor area for each business unit.
E.
Special conditions.
(1)
Signs. One ground sign may be allowed for each building
set back at least 25 feet. Ground signs may be no larger than five
square feet on each side nor have a total surface area greater than
10 square feet. No sign over six square feet in area on each surface
may extend over a sidewalk when attached to a building. Signs extending
over the roofline are prohibited. Signs on a store shall be no wider
than 5% of the width of the storefront or wall of the premises occupied
by the store erecting the sign. Billboards are prohibited.
[Amended 10-17-2006 by Ord. No. 06-11G]
F.
Distance requirements. For the purposes of the distance
requirements specified in this Zoning Ordinance, measurements shall
be from boundary to boundary or from the outer limits of the boundary
from one district to the outer limits of any of the boundary or district
involved.
[Added 4-15-1997 by Ord. No. 97-21]
A.
This district is designed for general businesses located
in areas of high traffic volume that are intended to serve an area-wide
population.
B.
Permitted uses in Business A Districts shall include:
(1)
Accessory uses.
(2)
Automobile parking.
(3)
Automobile service stations.
(4)
Automotive trade.
(5)
Business and professional services.
(6)
Commercial greenhouses.
(7)
Communications.
(8)
Eating and drinking places without the consumption
of alcohol, with or without live entertainment.
(9)
Educational services.
(10)
Entertainment assembly.
(11)
Finance, insurance and real estate.
(12)
Funeral and crematory services.
(13)
Hotels and motels.
(14)
Membership clubs.
(16)
Personal services.
(17)
Repair services other than for automobiles and
trucks.
(18)
Retail trade with or without outdoor storage.
(19)
Welfare and charitable institutions.
(20)
Lodging house.
[Added 8-4-1987]
(21)
Motor vehicle repair services.
[Added 7-6-1995 by Ord. No. 95-38]
(22)
Animal kennels.
[Added 5-18-1999 by Ord. No. 99-31]
C.
Special permit. Uses which may be granted in Business
A Districts by special permit by the City Council shall be as follows:
[Amended 3-6-1984; 12-4-1984; 7-7-1992 by Ord. No. 92-35; 2-16-1993 by Ord. No. 93-4; 7-5-1994 by Ord. No. 94-36; 3-19-2002 by Ord. No. 02-12; 9-3-2002 by Ord. No. 02-46; 12-19-2006 by Ord. No. 06-19A; 3-17-2009 by Ord. No.
09-79; 9-1-2009]
(1)
Commercial recreation.
(3)
Drive-in restaurants.
(4)
Eating and drinking places with the consumption of
alcohol, with or without live entertainment.
(5)
Up to four dwelling units in a business building.
(6)
Small-scale production facilities where the Council
finds that the use, number of employees, size of operation, hours
of operation, structural and land improvements will improve the general,
social, physical and economic conditions of the neighborhood in which
it is located.
(7)
Towing and storage of motor vehicles.
(a)
Towing and storage services are businesses that
includes towing and/or storage of towed vehicles, trailers or anything
mounted on trailers. These operations include office, dispatch center,
parking for towing vehicles and any other towing equipment, employees
and patrons of a towing business, and storage of vehicles, trailers
or anything mounted on trailers which have been towed from accidents,
abandonment or for reasons other than automotive and truck repair
services normally contracted for by individuals.
(b)
No towing service based in the City of Chicopee
shall operate without a special permit issued by the City Council.
(c)
All existing towing services conducting business
within the City of Chicopee shall be exempt from the provisions of
this subsection if they are legally in existence at the time of adoption
of this subsection.
(d)
All towing services doing business within City
limits shall possess the ability to store a minimum of 10 motor vehicles
within the City of Chicopee in addition to the provision of two parking
spaces per employee on the largest shift, a minimum of three parking
spaces for customers, and one space for each business vehicle.
(e)
All outdoor storage facilities shall be located
within a Business A, Business B, or Industrial Zoning District.
(f)
All outdoor storage facilities shall be secured
and fully enclosed by a sturdy privacy fence having a minimum height
of six feet, with a lockable gate for ingress and egress, and shall
be lighted from dusk to dawn.
(g)
All towing service operators shall maintain
a complete and accurate list of all tow truck operators, all of whom
shall be licensed to operate a motor vehicle within the Commonwealth
of Massachusetts. Said list shall be available to the Building Inspector
for the City of Chicopee upon demand.
(h)
All towing companies shall maintain a complete
list of all tow trucks owned and operated by the company, including
the make, model, color, year, and VIN number. Said list shall be available
to the Building Inspector for the City of Chicopee upon demand.
(i)
All tow trucks shall be properly registered
and insured at all times.
(8)
Housing of taxicabs, limousines and car rentals.
(9)
Adult uses. The City Council, in granting a special permit, may provide that the adult uses listed below be located no less than 500 feet from any district designated by the Zoning Ordinance for any residential use, including those residential uses allowed by a special permit or grandfathered within business zones, or any public, private or parochial school, library, park, playground, recreational area, church or other area in which large numbers of minors regularly travel or congregate, or be located within 1,000 feet of any other adult use or within 1,000 feet of any establishment licensed under the provisions of MGL c. 138, § 12. No advertisement, display or other promotional material is to be visible to the public from a public way, including but not limited to pedestrian walkways. Signage is limited to ordinance restrictions in this section. If an adult use allows for the showing of films, videos or other entertainment within the premises, any and all booths, cubicles, rooms, studios, compartments or stalls must be clearly visible from the center of the establishment and be closed off or obscured by curtains, drapes, doors, screens, partitions, dividers or any obstruction.
D.
Dimensional requirements.
[Amended 3-6-1984; 9-1-2009 by Ord. No. 09-17; 1-24-2011 by Ord. No. 11-02]
(1)
Minimum lot size: no requirement.
(2)
Minimum setback: 25 feet. Where parts of existing
buildings within 300 feet on each side of the street and within the
same block and district are set back less than the required minimum,
new structures and additions may be erected at the average alignment
of the corresponding parts of existing buildings. No outdoor storage
may be within 10 feet of the street line.
(3)
Yards, height and maximum coverage. Side and rear
yard requirements apply only to land abutting residential districts
or residential uses.
[Amended 8-4-2015 by Ord.
No. 15-42]
|
Side Yard
(feet)
|
Rear Yard
(feet)
|
Maximum Coverage
(percent)
|
Height
(feet)
| ||
|---|---|---|---|---|---|
|
Permitted uses other than automobile service
stations
|
15
|
25
|
60%
|
40
| |
|
Accessory uses
|
10
|
15
|
NR
|
30
| |
|
Ground signs
|
10
|
15
|
NR
|
20
| |
|
Auto service stations
|
25
|
25
|
NR
|
40
|
|
NOTES:
NR: No requirement.
|
E.
Special conditions.
(1)
Signs. One ground sign may be allowed for each building
set back at least 25 feet. Ground signs may be no larger than 40 square
feet on each surface nor have a total surface area greater than 80
square feet. No sign greater than 12 square feet on a side may extend
over a sidewalk when attached to a building. Signs extending more
than three feet above the roofline are prohibited. Signs on a store
shall be no wider than 75% of the width of the storefront or wall
of the premises or that portion of the premises occupied by the store
erecting the sign.
[Amended 3-19-2002 by Ord. No. 02-13; 10-17-2006 by Ord. No. 06-11G]
(2)
Screening. Any principal or accessory building or
use abutting residentially zoned or occupied land must be screened
by a fence or hedge at least six feet in height.
F.
Distance requirements. For the purposes of the distance
requirements specified in this Zoning Ordinance, measurements shall
be from boundary to boundary or from the outer limits of the boundary
from one district to the outer limits of any of the boundary or district
involved.
[Added 4-15-1997 by Ord. No. 97-21]
A.
This district is intended for heavy businesses that
generate high volumes of traffic and are incompatible with residential
and many general business uses.
B.
Permitted uses. Only the following uses are permitted
in Business B Districts:
(1)
Accessory uses.
(2)
Automobile parking.
(3)
Automotive service stations.
(4)
Automotive trade.
(5)
Business and professional services.
(6)
Commercial greenhouses.
(7)
Communications.
(8)
Contract construction services.
(9)
Eating and drinking places without the consumption
of alcohol, with or without live entertainment.
(10)
Educational services.
(11)
Entertainment assembly.
(12)
Finance, insurance and real estate.
(13)
Funeral and crematory services.
(14)
Hotels and motels.
(15)
Membership clubs.
(16)
Motor freight transportation.
(18)
Personal services.
(19)
Repair services other than for automobiles and
trucks.
(20)
Retail trade, with or without outdoor storage.
(21)
Utilities: offices, equipment storage and maintenance.
(23)
Welfare and charitable institutions.
(24)
Wholesale trade.
(25)
Lodging houses.
[Added 8-4-1987]
(26)
Motor vehicle repair services.
[Added 7-6-1995 by Ord. No. 95-39]
(27)
Animal kennels.
[Added 5-18-1999 by Ord. No. 99-30]
C.
Special permit. Uses which may be granted in Business
B Districts by special permit by the City Council shall be as follows:
[Amended 12-4-1984; 7-7-1992 by Ord. No. 92-35; 2-16-1993 by Ord. No. 93-4; 7-5-1994 by Ord. No. 94-36; 4-15-1997 by Ord. No. 97-20; 3-19-2002 by Ord. No. 02-12; 9-3-2002 by Ord. No. 02-46; 12-19-2006 by Ord. No. 06-19B; 3-17-2009 by Ord. No. 09-80; 9-1-2009]
(1)
Sport assembly.
(2)
Commercial recreation.
(3)
Industrial uses.
(5)
Drive-in restaurants.
(6)
Eating and drinking places with the consumption of
alcohol, with or without live entertainment.
(7)
Towing and storage of motor vehicles.
(a)
Towing and storage services are businesses that
includes towing and/or storage of towed vehicles, trailers or anything
mounted on trailers. These operations include office, dispatch center,
parking for towing vehicles and any other towing equipment, employees
and patrons of a towing business, and storage of vehicles, trailers
or anything mounted on trailers which have been towed from accidents,
abandonment or for reasons other than automotive and truck repair
services normally contracted for by individuals.
(b)
No towing service based in the City of Chicopee
shall operate without a special permit issued by the City Council.
(c)
All existing towing services conducting business
within the City of Chicopee shall be exempt from the provisions of
this subsection if they are legally in existence at the time of adoption
of this subsection.
(d)
All towing services doing business within City
limits shall possess the ability to store a minimum of 10 motor vehicles
within the City of Chicopee in addition to the provision of two parking
spaces per employee on the largest shift, a minimum of three parking
spaces for customers, and one space for each business vehicle.
(e)
All outdoor storage facilities shall be located
within a Business A, Business B, or Industrial Zoning District.
(f)
All outdoor storage facilities shall be secured
and fully enclosed by a sturdy privacy fence having a minimum height
of six feet, with a lockable gate for ingress and egress, and shall
be lighted from dusk to dawn.
(g)
All towing service operators shall maintain
a complete and accurate list of all tow truck operators, all of whom
shall be licensed to operate a motor vehicle within the Commonwealth
of Massachusetts. Said list shall be available to the Building Inspector
for the City of Chicopee upon demand.
(h)
All towing companies shall maintain a complete
list of all tow trucks owned and operated by the company, including
the make, model, color, year, and VIN number. Said list shall be available
to the Building Inspector for the City of Chicopee upon demand.
(i)
All tow trucks shall be properly registered
and insured at all times.
(8)
Housing of taxicabs, limousines and car rentals.
(9)
Adult uses. The City Council, in granting a special permit, may provide that the adult uses listed below be located no less than 500 feet from any district designated by the Zoning Ordinance for any residential use, including those residential uses allowed by a special permit or grandfathered within business zones, or any public, private or parochial school, library, park, playground, recreational area, church or other area in which large numbers of minors regularly travel or congregate, or be located within 1,000 feet of any other adult use or within 1,000 feet of any establishment licensed under the provisions of MGL c. 138, § 12. No advertisement, display or other promotional material is to be visible to the public from a public way, including but not limited to pedestrian walkways. Signage is limited to ordinance restrictions in this section. If an adult use allows for the showing of films, videos or other entertainment within the premises, any and all booths, cubicles, rooms, studios, compartments or stalls must be clearly visible from the center of the establishment and be closed off or obscured by curtains, drapes, doors screens, partitions, dividers or any obstruction. For the purposes of the distance requirements of this chapter, measurements shall be from boundary to boundary, that is, from the outer limits of the boundary for the use involved, to the outer limits of the boundary or district for any other use referred to.
(11)
Warehousing and storage.
[Added 12-15-2015 by Ord.
No. 15-69]
D.
Dimensional requirements.
[Amended 10-17-2006 by Ord. No. 06-11G; 9-1-2009 by Ord. No.
09-18; 1-24-2011 by Ord. No. 11-02]
(1)
Minimum lot size: no required minimum.
(2)
Minimum setback: 25 feet. Where parts of existing
buildings within 300 feet on each side of the lot, on the same side
of the street and within the same block and district, are set back
less than the required minimum, new structures and additions may be
erected at the average alignment of the corresponding parts of existing
buildings. No outdoor storage may be within 10 feet of the street
line.
(3)
Minimum side and rear yards: no principal structure
or accessory structure or use may be located within 15 feet of any
residentially zoned land. Any principal or accessory structure or
use abutting residentially zoned land must be screened by a fence
or hedge at least six feet in height.
(4)
Height: The maximum height of all buildings and accessory
uses shall be 40 feet. Freestanding signs shall be no taller than
20 feet.
(5)
Signs: One ground sign may be allowed for each building
set back at least 25 feet. Ground signs shall be no larger than 60
square feet on each side (surface) nor have a total surface area greater
than 120 square feet. No sign greater than 12 square feet, on a side
may extend over a sidewalk when attached to a building. Attached signs
extending more than three feet above the roofline are prohibited.
Signs on a store shall be no wider than 75% of the width of the storefront
or wall of the premises or that portion of the premises occupied by
the store erecting the sign.
A.
This district is intended for business development
in the vicinity of highway interchanges where it is desirable to encourage
interstate-highway-created business.
B.
Permitted uses in the Business C Districts shall include:
(1)
Motor freight transportation.
(2)
Warehouse and storage.
(3)
Hotels and motels.
(4)
Eating and drinking places without the consumption
of alcohol, with or without live entertainment.
(5)
Drive-in restaurants.
(6)
Automotive service.
(7)
Automotive trade.
(8)
Lodging houses.
[Added 8-4-1987]
(9)
Motor vehicle repair services.
[Added 7-6-1995 by Ord. No. 95-37]
C.
Special permits. Uses which may be granted in Business
C Districts by special permit from the City Council shall be as follows:
[Amended 10-4-1983; 5-7-1985; 2-16-1993 by Ord. No. 93-4; 7-5-1994 by Ord. No. 94-36; 3-19-2002 by Ord. No. 02-12; 9-1-2009]
(2)
Industrial uses.
(3)
Wholesale trade.
(4)
Eating and drinking places with the consumption of
alcohol, with or without live entertainment.
(5)
Parking facilities.
(6)
Adult uses. The City Council, in granting a special permit, may provide that the adult uses listed below be located no less than 500 feet from any district designated by the Zoning Ordinance for any residential use, including those residential uses allowed by a special permit or grandfathered within business zones, or any public, private or parochial school, library, park, playground, recreational area, church or other area in which large numbers of minors regularly travel or congregate, or be located within 1,000 feet of any other adult use or within 1,000 feet of any establishment licensed under the provisions of MGL c. 138, § 12. No advertisement, display or other promotional material is to be visible to the public from a public way, including but not limited to pedestrian walkways. Signage is limited to ordinance restrictions in this section. If an adult use allows for the showing of films, videos or other entertainment within the premises, any and all booths, cubicles, rooms, studios, compartments or stalls must be clearly visible from the center of the establishment and be closed off or obscured by curtains, drapes, doors screens, partitions, dividers or any obstruction.
D.
Dimension requirements shall be as follows:
(1)
Minimum setback: 25 feet. Where parts of existing
buildings within 300 feet on each side of the lot, on the same side
of the street and within the same block and district, are set back
less than the required minimum, new structures and additions may be
erected at the average alignment of the corresponding parts of existing
buildings. No outdoor storage may be within 10 feet of the street
line.
(2)
Minimum side and rear yards: No principal or accessory
structure or use may be located within 15 feet of any residentially
zoned or used land. Uses must be screened from such areas by a solid
wall, fence or hedge at least eight feet in height above the property
line.
(3)
Maximum height: 40 feet for buildings and accessory
uses and 20 feet for signs.
(4)
Signs. One freestanding sign may be allowed for each
building set back at least 25 feet. Freestanding signs shall be no
larger than 60 square feet on each side (surface) nor have a total
surface area greater than 120 square feet. No sign greater than 12
square feet on a side may extend over a sidewalk when attached to
a building. Attached signs extending more than three feet above the
roofline are prohibited. Signs on a store shall be no wider than 75%
of the width of the storefront or wall of the premises or that portion
of the premises occupied by the store erecting the sign.
[Amended 3-19-2002 by Ord. No. 02-13; 10-17-2006 by Ord. No. 06-11G]
E.
Distance requirements. For the purposes of the distance
requirements specified in this Zoning Ordinance, measurements shall
be from boundary to boundary or from the outer limits of the boundary
from one district to the outer limits of any of the boundary or district
involved.
[Added 4-15-1997 by Ord. No. 97-21]
A.
This district is intended for the mixed use of pedestrian-oriented
commercial districts found in the center of the established neighborhoods.
B.
Permitted uses in the Central Business District shall
include:
(1)
Retail uses without outdoor storage.
(2)
Personal, business and professional services.
(3)
Automobile parking.
(4)
Eating and drinking places, with or without live entertainment,
without the consumption of alcohol.
(5)
Repair services other than for automobiles and trucks.
(6)
Educational services.
(7)
Entertainment assembly.
(8)
Hotels and motels.
(9)
Welfare charitable institutions.
(10)
Membership clubs.
(11)
Residential uses in a building used for business
or commercial purposes.
(12)
Accessory uses.
C.
Special permits. Uses allowed in the Central Business
District only by special permit from the City Council shall be as
follows:
[Amended 3-6-1984; 2-16-1993 by Ord. No. 93-4; 7-5-1994 by Ord. No. 94-369-1-2009]
(1)
Multifamily residential.
(2)
Automotive service stations.
(3)
Eating and drinking places, with or without live entertainment,
with the consumption of alcohol.
(4)
Small-scale production facilities where the Council
finds that the use, number of employees, size of operation, hours
of operation, structural and land improvements will improve the general,
social, physical and economic conditions of the neighborhood in which
it is located.
(5)
Adult uses. The City Council, in granting a special permit, may provide that the adult uses listed below be located no less than 500 feet from any district designated by the Zoning Ordinance for any residential use, including those residential uses allowed by a special permit or grandfathered within business zones, or any public, private or parochial school, library, park, playground, recreational area, church or other area in which large numbers of minors regularly travel or congregate, or be located within 1,000 feet of any other adult use or within 1,000 feet of any establishment licensed under the provisions of MGL c. 138, § 12. No advertisement, display or other promotional material is to be visible to the public from a public way, including but not limited to pedestrian walkways. Signage is limited to ordinance restrictions in this section. If an adult use allows for the showing of films, videos or other entertainment within the premises, any and all booths, cubicles, rooms, studios, compartments or stalls must be clearly visible from the center of the establishment and be closed off or obscured by curtains, drapes, doors screens, partitions, dividers or any obstruction.
D.
Dimensional requirements shall be as follows:
(1)
Minimum setback: New structures shall be set back
the average alignment of existing buildings in the same block within
300 feet in either direction.
(2)
Side and rear yards: Where properties abut one- or
two-family residential units or Residence A or B Districts, a minimum
side or rear yard of 10 feet shall be observed, plus two feet for
every story above the first.
(3)
Height: No building shall exceed a height of 60 feet,
except by special permit from the City Council.
[Amended 9-1-2009]
(4)
Maximum building coverage: 80% of the lot.
[Amended 3-6-1984]
E.
Residential requirements.
(1)
Any new residential unit (newly constructed) shall
be provided with a minimum of 100 square feet of open space and/or
recreation per unit. Such open space or recreation may be provided
in, adjacent to or on top of the building.
(2)
The layout, arrangement and recreation open space
requirements of new residential units shall be approved by the Planning
Board.
(3)
No residential unit may be located on the first floor
of a building also used for commercial or business purposes.
(4)
Buildings constructed exclusively for multifamily
residence must meet Residence C District requirements.
F.
Signs. One freestanding sign no larger than 35 square
feet on a side may be allowed for each building set back at least
25 feet from the property line. Signs on stores shall be no wider
than 75% of the width of the storefront or wall of the premises or
that portion of the premises occupied by the store erecting the sign.
Attached signs extending more than three feet above the roofline are
prohibited.
[Amended 10-17-2006 by Ord. No. 06-11G]
G.
Distance requirements. For the purposes of the distance
requirements specified in this Zoning Ordinance, measurements shall
be from boundary to boundary or from the outer limits of the boundary
from one district to the outer limits of any of the boundary or district
involved.
[Added 4-15-1997 by Ord. No. 97-21]
A.
Permitted uses shall be industrial uses and any use
allowed as a permitted use in Business A or B Districts and accessory
uses.
B.
Special permits. Within any Industrial District, as
indicated on the Building Zone Map, no building or other structure
nor any premises shall be used, and no building or other structure
or part of a building shall be erected which is intended or designed
to be used (except as an incidental or accessory use) for any of the
following specified purposes, except with the issuance, by the City
Council, of a special permit:
[Amended 9-1-2009]
(1)
Abattoirs.
(2)
Ammonia, chlorine or bleaching powder manufacture.
(3)
Asphalt manufacture or refining.
(4)
Celluloid manufacture, except in isolated, fire-resisting
buildings.
(5)
Coal tar products manufacture.
(6)
Creosote manufacture.
(7)
Distillation of coal, wood or bones.
(8)
Explosives or fireworks manufacture.
(9)
Fat rendering.
(10)
Fertilizer manufacture or potash refining.
(11)
Glue or size manufacture or processes involving
recovery from fish or animal offal.
(12)
Gypsum, cement, plaster or plaster of paris
manufacture.
(13)
Sites for dumping grounds (assigned in accordance
with MGL c. 111, § 150A).
(14)
Junkyards and junk storage, auto salvage yards.
(15)
Linoleum manufacture.
(16)
Petroleum refining.
(17)
Pyroxylin plastic manufacture or the manufacture
of articles therefrom.
(18)
Radium extraction.
(19)
Rubber or gutta-percha manufactured from crude
or scrap material.
(20)
Sewage disposal plant, except where controlled
by the municipality.
(21)
Sulphurous, sulphuric nitric or hydrochloric
acid manufacture.
(22)
Tar distillation.
(23)
Tar roofing manufacture.
(24)
Sports assembly.
(25)
Any use allowed by special permit in Business
A or B Districts.
C.
Dimensional requirements shall be as follows:
(1)
Height. No buildings shall be erected to a height
in excess of 60 feet.
(2)
Minimum setback: 25 feet. Where parts of existing
industrial buildings within 200 feet on each side of the lot, on the
same side of the street and within the same block and district, are
set back less than the required minimum, new structures and additions
may be erected at the average alignment of the existing buildings.
(3)
Side yards: No side yard is required, except that
for buildings adjacent to a residence building or district, side yards
shall be a minimum of 25 feet.
(4)
Rear yards: No rear yard is required except that a
building adjacent to a residence shall have a minimum rear yard of
25 feet.
(5)
Chimneys or flues may be erected within a rear yard,
provided that they do not exceed five square feet in aggregate external
area and do not obstruct free ventilation. An open or lattice-enclosed
iron fire escape or a fireproof open balcony to a fire tower may project
not more than five feet into a rear yard. Any principal or accessory
use abutting residentially zoned or occupied land must be screened
by a solid wall, fence or hedge at least eight feet in height. No
cornice shall project more than three feet into a rear yard.
D.
Signs. One freestanding sign may be allowed for each
building set back at least 25 feet. Freestanding signs shall be no
larger than 60 square feet on each side (surface) nor have a total
surface area greater than 120 square feet. No sign greater than 12
square feet on a side may extend over a sidewalk when attached to
a building. Attached signs extending more than three feet above the
roofline are prohibited. Signs on a store shall be no wider than 75%
of the width of the storefront or wall of the premises or that portion
of the premises occupied by the store erecting the sign.
[Amended 3-19-2002 by Ord. No. 02-13; 10-17-2006 by Ord. No. 06-11G]
E.
Distance requirements. For the purposes of the distance
requirements specified in this Zoning Ordinance, measurements shall
be from boundary to boundary or from the outer limits of the boundary
from one district to the outer limits of any of the boundary or district
involved.
[Added 4-15-1997 by Ord. No. 97-21]
[Amended 8-4-1981; 7-3-1984; 4-18-1989; 7-6-1989]
A.
Description. Industrial planned unit development (IPUD)
shall mean an area of land served by sanitary sewer and public water,
which is to be developed as a single entity for one or more industrial
buildings, in which a mixture of industrial uses, as permitted hereunder,
are determined to be advantageous.
B.
Purposes. The purpose of allowing industrial planned
unit development is to provide flexibility in the design and siting
of multiple industrial and office buildings on a single site, thereby
promoting aesthetic sensitivity; the preservation of land for open
space; the efficient use of municipal services; and minimization of
the overall impact of development on the immediate environment, while
maximizing the use of the site's natural characteristics, wherever
possible.
C.
Permitted uses. The following uses will be permitted
in an industrial planned unit development:
(1)
Industrial uses, except those uses described in § 275-62B, Industrial Districts, Special permits [excluding item § 275-62B(25) only as it pertains to §§ 275-58C(6) and 275-59C(3)].
(2)
Office uses, including research and development activities.
(3)
Business and professional services.
(4)
Financial, insurance and real estate services.
(5)
Aviation or aviation services.
(6)
Warehouse and distribution.
(8)
Contract construction services.
(9)
Communications.
(10)
Accessory uses.
E.
Dimensional and density requirements.
(1)
The minimum parcel size for a principal building is
50,000 square feet.
(2)
Maximum height of structures shall not exceed three
stories or 45 feet, excluding projections above the third story for
ventilators, elevators, cooling towers, antennae and mechanical equipment.
Such features shall not exceed 25% of the roof area nor extend 15
feet above the roof level.
(3)
Maximum aggregate building coverage shall not exceed
33% of the total parcel area.
(4)
Minimum parcel or tract frontage shall be 125 feet
for a single building parcel and 150 feet for multiple building parcels.
(5)
Minimum setback from any street line shall be 50 feet.
No structure, parking area or service yard shall be permitted within
the fifty-foot setback. Pedestrian walkways, driveways and passive
use amenities will be allowed.
(6)
Minimum rear and side setbacks for principal structures
shall be 25 feet. However, minimum abutting, rear and/or side setback
shall be 100 feet as measured from residential property line.
(7)
No accessory structure, parking area or service yard
shall be permitted within 15 feet of a side or rear lot line except
where a common driveway is shared by adjoining parcels.
(8)
Corner lots shall comply with a minimum setback of
50 feet from all street lines.
(9)
Buffer area/screening. No permanent construction of
building structures or parking area shall be permitted within 30 feet
of any abutting land zoned or used for residential purposes; provided
that any permitted use does not create any dangerous, injurious, noxious
or otherwise objectionable condition; fire, explosive, radioactive
or other hazardous condition; noise or vibration, smoke, dust, odor
or other form of air pollution; electrical or other disturbance; glare
or heat; or other conditions or element in a manner or amount to adversely
effect the surrounding area. Any principal or accessory building or
use, including parking or storage facilities, abutting land used or
zoned for residential use shall be screened by a solid wall, earthen
berm or a fence and natural planting area, which shall be no less
than six feet in height when erected and planted. Any outdoor storage
shall be similarly screened from view. All required screenings shall
be maintained in good condition at all times.
(10)
A maximum of 70% of the total tract can be rendered
impervious.
F.
Nondimensional requirements.
(1)
The industrial planned unit development shall be served
by both sanitary sewer and public water distribution system.
(3)
Landscaping.
(a)
Industrial planned unit developments shall be
landscaped in such a manner as to provide an aesthetically pleasant
and cohesive environment.
(b)
The placement and design of the landscaping
shall target functional areas, such as site entrances, signs, parking
areas and building entrances. These plantings shall integrate the
project with the natural existing environment, through the retention
of existing plantings and the use of native plant species.
(c)
The minimum ratio of planting materials for
noncorner locations shall be as follows:
(d)
If the IPUD is located on a corner lot, then
the minimum ratio of planting materials shall be as follows:
(4)
Loading docks and facilities for handling shipping
by rail and surface shall be located on those sides of each building
which do not front on the street, insofar as possible. Screening either
natural or man-made shall be provided for these areas.
(5)
Outside storage may not exceed 2% of the area of the
principal use or building. However, a special permit may be issued
on a parcel-by-parcel basis for up to 5%.
(6)
Signage may be provided as follows:
(a)
Attached signs. Signs on the exterior wall of
each building shall not exceed one square foot in area for every five
linear feet of building frontage occupied by a tenant; no single dimension
shall exceed seven feet. No attached sign shall be greater than 42
square feet in area. Each tenant shall have only one attached sign.
Attached signs shall not project more than one foot from the building
wall and shall not extend or project above the top of the wall to
which they are attached. No sign shall project into or over a sidewalk
in such a manner as to endanger the health and safety of pedestrians.
(b)
Freestanding signs. Freestanding signs shall
be no larger than 42 square feet in surface area, with no dimension
larger than seven feet. The top of any freestanding sign shall not
exceed 12 feet above the ground level at the base of said sign. No
freestanding sign shall be located within 35 feet of the street pavement
edge. No more than two freestanding signs for each building within
the IPUD shall be allowed.
(c)
Prohibited signs shall be as follows:
[1]
Any sign, artificial light or reflecting device
connected or used with a sign or otherwise located or displayed where
such light competes for attention of the driver of a vehicle or may
be mistaken for a traffic signal.
[2]
Flashing and rotating or blinking signs or optically
projected slide signals which are changed periodically.
[3]
Lights with such brightness as to cause glare
to roads or neighboring businesses or residences.
[4]
Strings of lights or flag-like devices hung
from any part of a building or residences.
[5]
Billboard signs.
(7)
Finished construction. The exterior walls of each
building are to be finished with stone or other materials exhibiting
aesthetic and durable quality.
G.
Project review. Any IPUD shall be reviewed by the
Department of Planning and Development, Building Commissioner and
the Department of Pubic Works for compliance with this section and
with the parking requirements of this Zoning Chapter. Any industrial
planned unit development shall meet any and all other review and approval
requirement which are established by ordinance.
H.
Distance requirements. For the purposes of the distance
requirements specified in this Zoning Ordinance, measurements shall
be from boundary to boundary or from the outer limits of the boundary
from one district to the outer limits of any of the boundary or district
involved.
[Added 4-15-1997 by Ord. No. 97-21]
[Added 5-19-1992 by Ord. No. 92-30; amended 4-15-1997 by Ord. No. 97-21; 7-7-1998 by Ord. No. 98-49]
A.
Description. Industrial Planned Unit Development (IPUD),
Type II, shall mean an area of land served by sanitary sewer and public
water, which is to be developed as a single entity for one or more
industrial buildings, in which a mixture of industrial uses, as permitted
hereunder, has been determined to be compatible both within the proposed
development and with the adjacent land uses.
B.
Purposes. The purpose of establishing this Industrial
Planned Unit Development (IPUD), Type II District is to provide an
appropriate location for the development of multiple permitted land
uses on a site and to promote economic diversity and stability within
the City while encouraging flexibility in the design and siting of
multiple industrial and office buildings, thereby promoting aesthetic
sensitivity, preservation of land for open space, the efficient use
of municipal services and minimizing the overall impact of development
on the immediate environment and the site's natural characteristics,
where possible.
C.
Permitted uses. The following uses will be permitted in an Industrial
Planned Unit Development, Type II:
[Amended 9-18-2003 by Ord. No. 03-34; 12-19-2017 by Ord. No. 17-52]
(1)
Industrial uses involving the manufacture, processing, assembly, fabrication, packaging, and/or storage of materials or products; excluding those uses described in § 275-62B(1) through (23), Industrial Districts, special permits, and excluding the following principal uses: motor vehicle repair, motor vehicle washing facilities, drive-in restaurants, residential uses, motor vehicle towing, motor vehicle storage services and adult entertainment uses.
(2)
Office uses, including research and development activities.
(3)
Business and professional services.
(4)
Financial, insurance and real estate services.
(5)
(Reserved)
(6)
Communications, telecommunication uses, call centers and telemarketing
uses.
(7)
Recreational and sporting uses, including instructional and
commercial uses, excluding sports assembly.
(8)
Aviation or aviation services.
(10)
Urban agriculture and food processing, limited to the following
indoor operations:
(a)
Horticultural operations.
(b)
Hydroponic and aquaponic facilities.
(c)
Nursery stock producers, defined as businesses that raise herbaceous
or small woody plants for wholesale or retail.
(d)
Food processing operations.
(e)
Food hubs, defined as entities that facilitate the aggregation,
storage, distribution, and/or marketing of locally produced food products.
(11)
(12)
"Last-mile" courier and logistics businesses, defined as entities
that:
(13)
Accessory uses.
D.
The following principal uses shall be allowed by special
permit from the City Council following a determination by the City
Council that such use can be integrated into the accepted development
scheme and surrounding developed area:
[Amended 9-1-2009]
E.
Dimensional and density requirements.
[Amended 5-20-2003 by Ord. No. 03-18]
(1)
The minimum tract size shall be six acres for
projects consisting of more than one principal structure. The minimum
parcel size within said tract for a principal building shall be 50,000
square feet.
(2)
The maximum height of structures shall not exceed
three stories or 45 feet, excluding projections above the third story
for ventilators, elevators, cooling towers, antennas and mechanical
equipment. Such features shall not exceed 25% of the roof area nor
extend 15 feet above the roof level.
(3)
The maximum aggregate building coverage shall
not exceed 33% of the total parcel area.
(4)
The minimum parcel frontage shall be 125 feet
for a single building parcel and 150 feet for a parcel with multiple
buildings.
(5)
The minimum setback from any interior park street
line shall be 50 feet. The minimum setback from streets exterior to
the park shall be 75 feet. No structure, parking area or service yard
shall be permitted within the first 50 feet of the front setback areas
as measured from the street line. Pedestrian walkways, bikeways, driveways,
utilities, including storm drainage facilities, plantings and passive
use amenities are allowed within all setback areas.
(6)
Minimum rear and side setbacks for principal
structures shall be 45 feet. However, when rear, side or front yards
abut residentially zoned property the setback to principal structures
shall be a minimum of 150 feet as measured from the residential property
line. A mixed conifer buffer area shall be planted and maintained
abutting the residentially zoned property. The minimum height of the
plantings shall be six feet when initially planted.
(7)
Buffer area/screening. No permanent construction
of accessory structures and/or any parking areas shall be permitted
within 100 feet of any abutting land zoned for residential purposes
as measured from said residential property line. Any principal or
accessory building or use, including parking or storage facilities,
abutting land zoned for residential use shall be screened by either
a solid wall, earthen berm or a fence, which shall be enhanced by
a mixed conifer planting area which shall be no less than six feet
in height when erected and planted. All outdoor storage shall be screened
from view. All required screenings shall be maintained in good condition
at all times or replaced. Pedestrian walkways, bikeways, driveways,
utilities, including storm drainage facilities, plantings and passive
use amenities are allowed within all buffer areas.
(8)
No accessory structure, parking area or service
yard shall be permitted within 15 feet of a side or rear lot line
except where a common driveway is shared by adjoining parcels.
(9)
Corner lots shall comply with a minimum setback
of 50 feet from all interior street lines and 75 feet from streets
exterior to the project.
(10)
No more than 70% of the total tract or any subdivision
thereof may be rendered impervious, excluding streets. An adequate
stormwater management system shall be designed and constructed in
accordance with provisions of this chapter. In cases where a stormwater
system cannot accommodate 70% impervious coverage, then the impervious
coverage must be reduced to coincide with the stormwater system's
capabilities. In no case shall the total impervious coverage of any
parcel exceed 70% within the IPUD.
F.
Nondimensional requirements.
[Amended 12-19-2017 by Ord. No. 17-53]
(1)
The Industrial Planned Unit Development, Type II, shall be served
by both sanitary sewer and public water distribution systems.
(2)
All impervious surfaces shall provide for adequate drainage
of stormwater. Site stormwater drainage systems shall be designed
for two- and ten-year, twenty-four-hour storm events. Drainage calculations
prepared by a licensed Massachusetts professional engineer shall be
provided for the two-, ten-, twenty-five-, and one-hundred-year storm
events. Post-development peak discharge rates of the total tract shall
not exceed predevelopment rates of the tract, either at the point
of discharge or the downgradient property boundary.
(3)
Minimum parking requirements shall be as follows:
(a)
No parking space shall be less than 8 1/2 feet in width
and 17 1/2 feet in length. All parking spaces shall be properly
lined and maintained.
(b)
All aisles shall provide acceptable clearance for fire and emergency
vehicles. The typical aisle width shall be 26 feet, unless otherwise
approved by the City Fire Chief.
(c)
Continuous parking areas over two acres in size shall be divided
by landscape areas. Such parking areas shall have storage areas for
snow removal purposes. All parking shall be designed using current
stormwater management practices, and on-site stormwater retention/detention
facilities shall be provided to control downstream and off-site flooding
and erosion.
(d)
All parking areas shall provide for adequate drainage of stormwater as referenced in Subsection F(2).
(e)
Driveways connecting off-street parking to streets shall have
a minimum curb radius of 25 feet. The closest curbline of any driveway
shall be offset from the curbline of all adjacent streets and driveways
a minimum of 35 feet. Vehicles exiting from parking areas shall have
an unobstructed view of 300 feet in either direction insofar as possible.
(f)
Lighting. All required off-street parking shall have adequate
lighting. Lighting shall be installed so that it does not cause glare
onto residential properties or interfere with the safe operation of
motor vehicles on abutting roads.
(g)
Maintenance of parking areas. All parking areas shall be maintained
in an attractive manner and kept clean and free of snow, refuse and
debris. All site stormwater drainage systems shall be maintained as
designed and approved. All parking areas shall have a dust-free surface;
the use of dirt, gravel, trap rock or screenings as a final wearing
surface is prohibited.
(4)
Landscaping.
(a)
Industrial Planned Unit Development, Type II, shall be landscaped
in such a manner as to provide an aesthetically pleasant and cohesive
environment.
(b)
The placement and design of the landscaping shall target functional
areas, such as site entrances, signs, parking areas and building entrances.
These plantings shall integrate the project with the natural existing
environment through the enhancement and retention of existing plantings
and the use of native plant species. Quality existing plantings should
be maintained wherever possible.
(c)
The minimum number and type of plantings required for noncorner
lots or sites shall be calculated as follows. In all cases, native
species are recommended.
(d)
If the IPUD, Type II, is located on a corner lot, then the minimum
number of plantings required shall be as follows. In all cases, native
species are recommended.
(5)
Loading docks and facilities for receiving, handling and shipping
by rail and surface shall be located on those sides of each building
which do not front on a street, insofar as possible. Screening, either
natural or man-made, shall be provided and maintained for these areas
in all cases.
(6)
Outside storage may not exceed 5% of the area of the principal
building. The use of trailers or trailer bodies for temporary or permanent
storage is prohibited. Only construction trailers are exempt from
this provision, and then only for a limited time period approved by
the Building Commissioner. Construction trailer locations shall be
approved in advance by the plan review committee established hereafter.
(7)
Signage may be provided as follows:
(a)
Attached signs. Signs on the exterior wall of each building
shall not exceed one square foot in area for every five linear feet
of building frontage occupied by a tenant; no single dimension shall
exceed seven feet. No attached sign shall be greater than 42 square
feet in area. Each tenant shall have only one attached sign. Attached
signs shall not project more than one foot from the building wall
and shall not extend or project above the top of the wall to which
they are attached. No sign shall project into or over a sidewalk in
such a manner as to endanger the health and safety of pedestrians.
(b)
Freestanding signs. Freestanding signs shall be no larger than
42 square feet in surface area, with no dimension larger than seven
feet. The top of any freestanding sign shall not exceed 12 feet above
the ground level at the base of said sign. No freestanding sign shall
be located within 35 feet of the street pavement edge. No more than
two freestanding signs for each building within the IPUD, Type II,
shall be allowed.
(c)
Prohibited signs shall be as follows:
[1]
Any sign, artificial light or reflecting device connected or
used with a sign or otherwise located or displayed where such light
competes for the attention of the driver of a vehicle or may be mistaken
for a traffic signal.
[2]
Flashing and rotating or blinking signs or optically projected
slide signals which are changed periodically.
[3]
Lights with such brightness as to cause glare to roads or neighboring
businesses or residences.
[4]
Strings of lights or flag-like devices hung from any part of
a building or residence.
[5]
Billboard signs.
(8)
Finish construction. The exterior walls of each building are
to be finished with quality metal panels, stone, brick, block or other
materials exhibiting aesthetic and durable qualities. Combinations
of the above materials are also permitted.
G.
Project review. Development of any property designated
IPUD Type II shall proceed as follows:
(1)
Designation of a tract as IPUD II zoning is
subject to zone change and special permit approvals granted through
the City Council.
[Amended 9-1-2009]
(2)
The developer shall submit to the City Planning
Board a Master Plan, Development Plan and Development Restrictions.
New road construction shall be subject to Chicopee Planning Board
review and approval in accordance with current subdivision regulations
of the City of Chicopee. Subdivision proposals shall incorporate the
Master Plan, Development Plan and Development Restrictions or Covenants.
(3)
Development of individual sites within any IPUD,
Type II project shall be subject to site plan review. Site plan review
shall be conducted by a committee consisting of department heads from
Planning and Development, Building, Public Works, Water, Fire and
the CELD Plant Manager. This Committee shall, with input from other
City departments as it deems necessary, review, approve or require
amendments to site plans prior to the issuance of a building permit
by the Building Commissioner. Site plans shall be consistent with
the approved Master Plan, Development Plan and Development Restrictions
or Covenants. Plan submission requirements shall be established by
the IPUD Type II Site Plan Committee.
(4)
Any IPUD Type II project shall meet all other
review and approval requirements established by ordinance.
H.
Hazard restrictions. No permitted use shall create
any dangerous, injurious, noxious or otherwise objectionable conditions.
Permitted uses shall not create flammable, explosive, radioactive
or other hazardous environments or conditions. Noise, vibration, smoke,
dust, odor or other forms of air pollution and electrical or other
disturbances, glare or heat or other conditions shall be prohibited
if they adversely affect the surrounding area.
[Amended 4-15-1997 by Ord. No. 97-21; 6-18-2013 by Ord. No.
13-4]
A.
Purpose. The purpose of the Floodplain District is to promote sound
management and appropriate use of land subject to periodic flooding;
to protect the public health and safety of persons and property against
the hazards of flooding; and to ensure the City's compliance with
the rules and regulations of the Federal Insurance Administration
so as to assure the City's continued eligibility for participation
in the National Flood Insurance Program. All development projects,
including public and private utilities and facilities, drainage, and
infrastructure, must be designed to minimize and reduce exposure to
flood damage.
B.
Floodplain District boundaries, base flood elevation and floodway
data.
(1)
The Floodplain District is herein established as an overlay district.
The district includes all special flood hazard areas within the City
of Chicopee designated as Zone A or Zone AE on the Hampden County
Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management
Agency (FEMA) for the administration of the National Flood Insurance
Program. The map panels of the Hampden County FIRM that are wholly
or partially within the City of Chicopee are panel numbers 25013C0192E,
25013C0194E, 25013C0203E, 25013C0204E, 25013C0208E, 25013C0209E, 25013C0211E,
25013C0212E, 25013C0213E, 25013C0214E, 25013C0216E, 25013C0217E, 25013C0218E,
and 25013C0401E, dated July 16, 2013. The exact boundaries of the
district may be defined by the one-hundred-year base flood elevations
shown on the FIRM and further defined by the Hampden County Flood
Insurance Study (FIS) report dated July 16, 2013. The FIRM and FIS
report are incorporated herein by reference and are on file with the
Department of Planning and Development.
(2)
Base flood elevation and floodway data.
(a)
In Zones A and AE along watercourses that have a designated
regulatory floodway, encroachments are prohibited in the regulatory
floodway which would result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
(b)
In Zones A and AE, along watercourses that have not had a regulatory
floodway designated, the best available federal, state, local or other
floodway data shall be used to prohibit encroachments in floodways
which would result in any increase in flood levels within the communities
during the occurrence of the base flood discharge.
(c)
Base flood elevation data is required for subdivision proposals
or other developments greater than 50 lots or five acres, whichever
is the lesser, within unnumbered A Zones.
C.
Regulations: existing, uses.
(1)
Existing regulations.
(a)
The Floodplain Overlay District is established as an overlay district to all other districts. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40, and with Subsection C(1)(a)[1] through [4] as follows. Any variance for the provisions and requirements of the below-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.
[1]
Sections of the Massachusetts State Building Code (780 CMR)
which address floodplain and coastal high hazard areas;
[2]
Wetlands Protection Regulations, Department of Environmental
Protection (DEP), 310 CMR 10:00;
[3]
Inland Wetlands Regulations, Department of Environmental Protection
(DEP), 310 CMR 13:00;
[4]
Minimum Requirements for Subsurface Disposal of Sanitary Sewage,
Department of Environmental Protection (DEP), 310 CMR 15, Title 5.
(2)
Use regulations: The following uses shall be permitted within the
Floodplain District:
(a)
Conservation of soil, water, plants and wildlife, including
wildlife management shelters.
(b)
Outdoor recreation, including but not limited to play areas,
nature study, boating, fishing and hunting where otherwise legally
permitted.
(c)
Foot, bicycle or horse paths and bridges, provided that such
uses do not affect the natural flow pattern of any watercourse.
(d)
Agriculture of all types.
(e)
Forestry, landscaping, lawns and fences.
D.
Building permits. In the Floodplain District, a building permit may
be granted for the construction or substantial improvement of any
use or structure, subject to the following conditions:
(1)
All new construction, substantial improvement or other development,
including fill, is prohibited in the floodway. Boat marinas and other
accessory uses to water recreation may be allowed, provided that such
construction must not raise the base flood level nor impede the flow
of the one-hundred-year flood.
(2)
Any permitted structures and any portable structures, vehicles or
vessels which are permitted shall be fully anchored against both flotation
and currents.
E.
No development shall take place in any flood hazard district until
all necessary local, state and federal permits have been obtained
and evidence of such permits has been submitted to the Building Commissioner.
F.
Utilities.
(1)
All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system.
(2)
New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of floodwaters into the system
and discharge from the system into floodwaters.
(3)
On-site waste disposal systems shall be located to avoid impairment
or contamination from them during the flooding.
G.
Site plan approval. The purpose of this review is to determine the viability of projects proposed in flood hazard districts. Viable projects are then subject to all applicable federal, state and local approvals and permits, including but not exclusive of Planning Board Subdivision Regulations and Chicopee City Code § 275-6, site plan review regulations.
(1)
Seven copies of a site plan at a scale of one inch equals 40 feet
shall be submitted to the Department of Planning and Development.
The site plan shall show the following:
(a)
The location, boundaries and dimensions of each lot.
(b)
Two-foot contours of the existing and proposed land structure.
(c)
The base flood elevation.
(d)
The location of existing and proposed structures, watercourses,
drainage easements, means of access, leaching fields, drainage and
sewage disposal facilities and other facilities.
(2)
The Department of Planning and Development shall forward a copy of
the site plan to the City Engineer, Highway Department, Water Department,
Department of Planning and Development, Electric Light Department
and Conservation Commission for review. The Building Commissioner
shall not take final action on such plan until he has received a report
thereon from said Departments and Commissioners or until said Departments
and Commissioners have allowed 15 days to elapse after receipt of
such plan without submission of a report thereon.
(3)
Records of the actual elevation, in relation to mean sea level, of
the lowest floor and/or level of floodproofing, as well as certification
of floodproofing, shall be maintained by the Building Commissioner,
to be available for public inspection.
(4)
The City Engineer shall provide benchmarks, as needed, when requested
by the Building Commissioner.
H.
Alteration of watercourses. Adjacent communities, the Pioneer Valley
Planning Commission and appropriate state agencies, including the
Massachusetts Department of Conservation and Recreation and Federal
Emergency Management Agency (FEMA), Region 1, shall be notified by
the Planning Director or Development Manager prior to any alteration
or relocation of a watercourse, and evidence of such notification
shall be submitted to the Federal Insurance Administration. Such alteration
or relocation shall not diminish the flood-carrying capacity of said
watercourse.
[Added 7-6-1989]
A.
General provisions.
(1)
The purpose of the Mixed Use MXD District is to provide
for large-scale developments of at least 50 acres gross with flexibility
and high standards which are master-planned within the bounds of a
district and which require a minimum of three allowable land uses
situated in locations favorable to the accommodation of such projects.
The district, while originally owned by one entity, may, during development
phases, be subdivided into smaller lots for specific uses allowed
within this district or for conveyance purposes. Consistent with this
purpose, uses in a Mixed Use District shall be subject to the following
provisions, in addition to those contained elsewhere in this chapter.
In all instances, the requirements of the Chicopee Subdivision Rules
and Regulations will be followed.
(2)
Development shall be guided by an approved master
plan and through the use of the special permit review process.
(3)
By the use of the public review and planning powers,
the provisions of this section also shall be intended to do the following:
(a)
Help create major new residential and mixed-use
areas in planned locations at appropriate densities, heights and mixtures
of uses.
(b)
Encourage the preservation and rehabilitation
of structures of merit in the district.
(c)
Encourage areas devoted primarily to pedestrians
by separating pedestrian and vehicular circulation patterns and by
requiring off-street parking spaces in accordance with this objective
and with the objectives of specific area plans.
(d)
Encourage flexibility in architectural design
and building bulk, provided that the designs and building bulk shall
be compatible and harmonious with adjoining development over the district
as a whole.
(e)
Make recreation areas more accessible to the
district's residents and visitors.
(f)
In a variety of ways, create environments conducive
to a higher quality of life and environment for residents, businesses,
employees and institutions in the City of Chicopee, as specified in
the district plans and policies.
(4)
In certain areas, as designated now or in the future
by public plans and policies, a mixture of uses and building densities
shall be intended to promote and protect the public health, safety,
convenience, order, prosperity and general welfare of the community
as best accomplished by the MXD District.
B.
The following uses shall be permitted as a matter
of right in the MXD District:
(1)
Dwellings or multiple dwellings.
(2)
Community centers.
(3)
Hotels or inns.
(4)
Churches, synagogues or other places of worship or
religious use.
(5)
Offices.
(6)
Private trades, businesses, professional or technical
schools or colleges or other educational institutions or uses.
(7)
Private clubs, restaurants or fast-food restaurants,
provided that a fast-food restaurant shall not include a drive-through.
(8)
Artist's studio.
(9)
Private or public theaters.
(10)
Recreational buildings or uses.
(11)
Parks or open spaces.
(12)
Municipal government or institutional uses.
(14)
Outpatient or inpatient hospitals, surgical
centers or medical facilities.
(16)
Medical office buildings, clinics or testing
laboratories.
(17)
Business, commercial or office buildings with
or without dwellings above the first floor.
(18)
Light manufacturing, assembly or other light
industrial or research operation.
(19)
Warehousing.
C.
The following uses shall be specifically prohibited
in the MXD District:
(1)
Outdoor, animal kennels.
(2)
Car washes, as a principal use.
(3)
Chemical manufacturing, storage or distribution.
(4)
Drive-in establishments (any establishment where goods
or services are rendered directly to occupants of motor vehicles while
in the vehicles).
(5)
Enameling plating or painting (except an artist's
studio), as a principal use.
(6)
Material salvage.
(7)
Outdoor advertising or billboards, as a principal
use.
(8)
Open outdoor material storage.
(9)
Packing or crating operations, as a principal use.
(10)
Commercial parking lot.
(11)
Gasoline service stations or repair service
stations.
(12)
Smelting or rendering.
(13)
Carting, express, moving or hauling terminals
or yards, except a cooperative central delivery or pickup system for
goods or merchandise solely to serve businesses in the area.
(14)
Any heavy industrial uses.
(15)
Sexually oriented business establishments.
D.
Applications to the MXD are limited to those districts
of 50 acres gross or more.
E.
Application process and requirements; concept plan.
(2)
Prior to submittal of a formal application and to
minimize expense and delay for the developer, the Planning Board requests
the presentation of informal drawings of the MXD at a regular meeting
of said Board. The Board and the developer may review such pencil
sketches and informal drawings, without prejudice, to identify potential
areas of concern and agreement. This meeting does not need to be advertised
as a formal public hearing.
(3)
An application for a special permit shall be submitted
to the City Council, accompanied by 25 copies of the following additional
documents:
[Amended 9-1-2009]
(a)
A master plan, conceptual in nature, that explains
the purposes, goals and objectives, estimated time of completion and
phasing if required.
(b)
A development plan, which shall be functionally
equivalent to a preliminary plan under the Planning Board's Subdivision
Rules and Regulations.
(c)
A statement and description of the location,
amount and intensity of proposed land uses.
(d)
An assessment of on- and off-site pedestrian
and traffic patterns relating to the proposed project and general
conditions and solutions for any problem areas identified.
(e)
A description of the intended open space areas,
to include permanent open space, landscaped areas and environmentally
sensitive areas.
(f)
A plan view of the overall project indicating
the general location of proposed structures, roads and parking, as
well as existing topography, wetlands and any other significant features.
(g)
The proposed locations of buildings and a statement
of the proposed uses within the MXD, their location therein and the
conformance of such uses with the Zoning Ordinance.
(i)
A description of vegetation, important natural
features, stone walls and wildlife habitats.
(j)
A discussion of the type of sewage disposal
system, water supply lines and sources, electrical lines and other
utilities.
(k)
A discussion of site drainage methods and layout.
(l)
A conceptual discussion of road layout and construction
details.
(m)
Where requested by the Planning Board, a traffic
impact report prepared by a professional traffic engineer and paid
for by the applicant.
(n)
If the MXD does not require subdivision of land,
an environmental assessment shall be submitted pursuant to the Subdivision
Regulations.
(4)
Nothing in this provision shall be deemed to waive
the requirements for submission of a definitive plan for the subdivision
of land, where applicable.
F.
Procedural steps. Within five days after receipt of
the application for approval of a concept plan, the City Council shall
transmit a copy thereof to the Planning Board, Board of Health, Conservation
Commission, Public Safety Committee, Building Department, Engineering
Department, Department of Public Works and Water Department. The Boards
and/or officer shall review the application and submit their comments,
in writing, to the City Council within 21 days. Failure of these Boards
to comment within the 21 days shall be deemed to be lack of opposition.
The City Council shall not take final action until receipt of these
comments or said 21 days have elapsed. The City Council shall approve
or disapprove the concept plan within 60 days of the receipt of the
application for approval. If the Council fails to take action within
said sixty-day period, then the concept plan shall be deemed approved
by the Council.
[Amended 9-1-2009]
G.
Approval of the special permit. Approval of the special
permit will be based upon the following:
(1)
Whether the proposed uses further the objectives of
the Mixed Use District.
(2)
The relationship of the proposed uses to other planning
considerations for the area and the City of Chicopee as a whole, including
the plans, programs and policies of other departments and agencies
of the City.
(3)
The impact of the proposed concept plan, including
the relationship of different uses on the site.
(4)
Consideration of the traffic to be generated and its
impact.
(5)
The location and design of vehicular access and parking
facilities.
(6)
The number of parking and loading facilities.
(7)
The treatment of open space.
(8)
The availability of sewer and water capacities.
(9)
The impact on air quality.
(10)
The potential noise from commercial, industrial
and traffic sources.
(11)
An assurance that all permits or licenses that
may be required by federal, state or local law have been obtained
or will be obtained before construction proceeds.
H.
Site plan approval process.
(1)
A site plan submitted for review shall conform to
the concept plan for which approval has been issued by the City Council.
If the Planning Board determines that a substantial change has occurred
in the concept plan, it shall require a new plan for which approval
by the City Council must be obtained. A substantial change shall include
one or more of the following:
[Amended 9-1-2009]
(2)
Within five days after receipt of the application
by the Planning Department, the Department will forward copies to
the City Engineer, Board of Health, Fire Department, Police Department,
Conservation Commission, Water Department, Building Commissioner and
the Department of Public Works, which shall review and submit comments
to the Planning Board. Failure of these Boards to comment within 21
days of the referral of the application shall be deemed to be lack
of opposition. Simultaneously, the Department will forward a copy
of the application form to the Mayor and the City Council.
[Amended 9-1-2009]
(3)
The Planning Board shall hold a public hearing within
65 days of the receipt of an application and shall take final action
within 90 days from the time of hearing, unless an extension is mutually
agreed upon by the applicant and the Board. All costs of the notice
requirements shall be at the expense of the applicant.
(4)
Any application for use requiring said approval and
site plan review shall otherwise conform to the requirements of the
site plan review process of the City.
I.
Required site plan contents. All plans submitted for
site plan review and approval under this section shall be prepared
by qualified professionals, including a registered engineer, registered
architect and/or registered landscape architect, and shall include
the following items and information:
(1)
A site plan at a scale of one inch equals 20 feet
or other scale acceptable to the Planning Board, which indicates,
at a minimum, the following:
(a)
The location and boundaries of the district
and the location of existing and proposed structures.
(b)
The existing and proposed topography, including
contours and the location of wetlands, streams, water bodies, drainage
swales, areas subject to flooding, easements and unique natural land
features.
(c)
The existing and proposed location of water,
storm and sanitary sewer systems and other public utilities on and
adjacent to the site.
(d)
The location of parking and loading areas, driveways,
walkways and access and egress points.
(e)
The location, dimensions, height and characteristics
of proposed signs and lighting.
(f)
The location of proposed open space or recreation
areas.
(g)
An indication of all yard requirements.
(h)
Any plans for phasing of the development.
(2)
A landscape plan showing the limits of work, existing
tree lines and all proposed landscape features and improvements, including
planting areas with size and type of vegetation.
(3)
A locus plan showing the entire project and its relation
to existing areas, buildings and roads for a distance of 1/4 mile
from the project boundaries or such other distance as may be approved
by the Planning Board.
(4)
Building elevations at the scale of 1/8 inch or 1/4
inch equals one floor or perspective drawings, showing typical elevations.
J.
Site plan review criteria shall include:
(1)
Evidence that the development will be integrated into
the existing terrain and surrounding landscape and shall be designed
to protect abutting properties and community amenities.
(2)
Evidence that the development will be served with
adequate parking, drainage, water supply and waste disposal systems.
(3)
Evidence of adequate parking and vehicular and pedestrian
movement within the site and in relation to adjacent ways.
(4)
Assurance that outdoor lighting, including lighting
on the exterior of a building or lighting in parking areas, is arranged
to minimize glare and light spillover to neighboring properties.
K.
Modifications. Before approval of a site plan, the
Council may request the applicant to make modifications in the proposed
design of the project to ensure that the above criteria are met.
[Amended 9-1-2009]
L.
Final action. The Planning Board's final action shall
consist of either approval or disapproval. Prior to granting approval
or disapproval, the Planning Board shall make a written finding with
documentation supporting its final decision. Upon rendering a decision,
the Planning Board shall forward a copy of said decision to the City
Clerk, Building Commissioner, Mayor and City Council.
[Amended 9-1-2009]
M.
Use restrictions.
(1)
Commercial and office uses.
(a)
Business and professional offices may include
multiple uses or a unitary corporate user within a single structure.
(b)
Ancillary commercial uses are permitted within
a single office building as long as they are wholly contained within
the office structure and are predominantly intended to service the
employees or businesses in the structure. Such uses may include but
are not limited to a snack bar, convenience store, eating/drinking
establishment, branch bank and/or automated teller station, barber-
or beauty shop, travel agency and newsstand. Further restrictions
are as follows:
|
Size of Office Building
(gross square feet)
|
Ancillary Commercial Uses
(maximum percentage)
| |
|---|---|---|
|
Up to 120,000
|
20
| |
|
Greater than 120,000
|
10
|
(2)
Hotels. Permitted ancillary facilities are conference
meeting rooms, restaurants, lounges, small specialty or convenience
shops and health clubs or other indoor recreation facilities.
(3)
Residential uses.
(a)
Attached row houses (townhouses) shall not contain
more than 10 dwelling units per structure.
(b)
No other multifamily structure shall contain
more than 50 dwelling units.
[Amended 1-24-2011 by Ord. No. 11-02]
(c)
A mix of single, duplex, townhouse and multifamily
housing, each in a defined and approved area, is permitted, provided
that the maximum of any one of the above categories is no more than
40% of the total residential use. In the case where there are two
housing types, the maximum of one type is 60% of the total residential
use.
(4)
Light industrial uses. Any industrial use shall be
entirely contained within its own structure which shall be separate
from any other structure. No outdoor storage of materials or products
shall be permitted.
(5)
Retail and service businesses, commercial complex.
(a)
A commercial complex is a retail and service
center of the MXD that is wholly contained within one or several contiguous
buildings.
(b)
The gross square footage of all retail and service
businesses will not exceed 5% of the gross square footage of the entire
district.
(c)
All retail and service buildings will be located in a commercial complex with the exception of those described in Subsection M(1)(b).
(d)
The allowed uses in the commercial complex are:
[1]
Retail stores for merchandise but not for auto
or truck sales or service.
[2]
Stationery or office supply stores.
[3]
Barber- or beauty shops.
[4]
Laundries.
[5]
Convenience food stores.
[6]
Shoe repair shops.
[7]
Bookstores.
[8]
Pharmacies.
[9]
Newsstands.
[10]
Eating or drinking establishments (nonfreestanding).
[11]
Government post offices.
[12]
Storefront medical clinics.
[13]
Travel agencies.
[14]
Other businesses of similar nature and scale.
[15]
Branch banks.
(e)
All residential units in the commercial complex
are to be sited above the ground floor in a penthouse configuration.
(f)
Residential units in the commercial complex
shall not exceed 50% of the total square footage in the commercial
complex.
(6)
Churches and synagogues. Freestanding churches, synagogues
or other houses of worship are allowed, provided that they have adequate
off-street parking and a landscape buffer between their location and
all surrounding uses.
N.
Overall dimension requirements.
(1)
The minimum district size is 50 acres gross.
(2)
The maximum floor area ratio for the entire district
is 30%.
(3)
The maximum district coverage (buildings, parking
areas, drives, roads and accessory structures) is 50%.
(4)
The district setback shall comply with the City's
Subdivision Regulations for the use in question.
(6)
The minimum lot size (when subdivided) will be as
follows:
(a)
Nonresidential: two acres.
(b)
Single-family: 10,000 square feet.
(c)
Duplex: 10,000 square feet.
(d)
Any housing complex of 50 units or more will
be allowed on 7,500 square feet per lot, provided that an equal amount
of open space is provided contiguous to the complex and will remain
open in perpetuity. Said open space will be configured so that its
primary purpose is the recreational use for those persons in the complex.
(7)
The maximum units per acre for multifamily units is
20 dwelling units per acre.
(8)
Individual lot requirements shall be as follows:
|
Use
|
Maximum Height
(feet)
|
Minimum Frontage
on a Way
(feet)
|
Minimum Setback
(feet)
|
Minimum
Side Yard
(feet)
|
Minimum
Rear Yard
(feet)
|
|---|---|---|---|---|---|
|
Office
|
40
|
150
|
50
|
20
|
25
|
|
Hotel
|
40
|
150
|
35
|
20
|
25
|
|
Light industrial
|
40
|
200
|
50
|
20
|
25
|
|
Retail and service
|
40
|
150
|
30
|
20
|
25
|
|
Laboratory or testing, office, educational
or training facility
|
40
|
150
|
30
|
20
|
25
|
|
Single-family, duplex and townhouses
|
35
|
100
|
25
|
15
|
251
|
|
Multifamily
|
40
|
100
|
25
|
20
|
251
|
|
Parking structure
|
40
|
150
|
30
|
20
|
20
|
|
Recreational structure
|
35
|
100
|
30
|
20
|
20
|
|
Church (not including steeple)
|
35
|
150
|
30
|
30
|
30
|
|
Accessory uses
|
35
|
N/A
|
N/A
|
6
|
6
|
|
NOTES:
1Porches and decks may extend 10
feet into the permitted setback.
|
(9)
(10)
Off-street parking and loading requirements.
(a)
Indoor recreation facilities shall have one
parking space for every 10 members.
(b)
Townhouse complexes and multifamily structures
shall have 2.0 parking spaces per unit. Congregate-care or life-care
facilities shall have one parking space per two units.
(c)
The parking bay size is 8 1/2 feet by 18
feet except in lots or structures containing more than 50 cars, in
which case up to 50% of the spaces may be eight feet by 16 feet to
accommodate smaller cars.
(d)
Commercial/retail facilities shall have one
parking space per 250 square feet of public use.
(11)
Signage. The City's signage requirements shall
apply.
O.
Distance requirements. For the purposes of the distance
requirements specified in this Zoning Ordinance, measurements shall
be from boundary to boundary or from the outer limits of the boundary
from one district to the outer limits of any of the boundary or district
involved.
[Added 4-15-1997 by Ord. No. 97-21]
[Added 7-6-1999 by Ord. No. 99-79; amended 6-17-2008 by Ord. No. 08-18; 9-1-2009; 9-16-2014 by Ord. No. 14-21]
The purpose of this section is to regulate new development on
Burnett Road and appurtenant streets due to the negative impact of
increasing traffic and until such time as the City takes measures
to manage traffic in the area.
A.
No further business, commercial or industrial development shall occur
on Burnet Road from the Ludlow/Chicopee line to the intersection of
New Lombard Road and Burnett Road and any appurtenant street for a
period of one year commencing on April 1, 2022, and terminating on
April 1, 2023, except by special permit.
[Amended 8-4-2015 by Ord.
No. 15-40; 6-20-2017 by Ord. No. 17-31; 6-18-2019 by Ord. No. 19-37; 7-6-2021 by Ord. No. 21-36; 5-17-2022 by Ord. No. 22-13]
[Added 8-3-2004 by Ord.
No. 04-74; amended 9-1-2009; 9-21-2017 by Ord. No.
17-39]
A.
Purpose. The purpose of the Mill Conversion and Commercial Center
Overlay District is to promote the economic health and vitality of
the City by encouraging the preservation, reuse and renovation of
underutilized or abandoned industrial properties and commercial centers
through mixed-use development that includes compatible industrial,
commercial, municipal, and residential uses.
B.
Designated districts. Riverfront Redevelopment District, adopted
2004. A map of the district is on file in the City Clerk's office,
and it is also identified on the Zoning Maps available in the Building
Department and the Department of Planning and Development.
C.
Applicability. The Mill Conversion and Commercial Center Overlay District may be superimposed over any other district established in this chapter, subject to an approved zone change in accordance with the provisions of Chicopee City Code, § 275-14. Land in the overlay district may be used for any purpose permitted in the underlying district and is subject to the underlying district restrictions. Exercise of Mill Conversion and Commercial Center Overlay District regulations is subject to a special permit from the City Council in accordance with Chicopee City Code, §§ 275-9 through 275-13, and the additional submission requirements described in this section. All aspects of the project, including authorized uses, building occupancy, and intensity of use, shall remain in substantial conformance with the plans and other documents submitted to the City Council as part of the special permit proceeding, unless modification of the special permit is authorized, after public hearing, by the City Council. Wherever there is a conflict between the underlying zoning district regulations and the overlay district regulations, the overlay district regulations shall prevail.
D.
Review Committee.
(1)
A review committee, hereby Overlay District Review Committee, shall
be established to meet with developers prior to application for an
overlay district or mill conversion or commercial center revitalization
project within an established overlay district and to provide recommendations
to the City Council for overlay district zone change and special permit
applications.
(2)
The Overlay District Review Committee shall consist of representatives
from the following:
(a)
Site Plan Review Advisory Committee, which includes representatives
from the following departments: Building, CEL (Chicopee Electric Light),
Conservation, Fire, Health, Planning and Development, Police, Public
Works (Highway, Engineering, Waste Water), and Water.
(b)
Office of Community Development.
(c)
School Department.
(d)
Assessor's Office.
(f)
Member(s) of the City Council, and any other City department,
board, commission or agency representative requested by the City Council.
E.
Permitted uses:
(1)
Within an overlay district, there shall be no restriction on combining
different categories of use within the same building, inclusive of
multifamily and assisted living residences with associated programming,
except any imposed by the State Building Code or other federal or
state regulations.
(2)
Multifamily or assisted living residences with associated programming
individually or in conjunction with one or more of the uses permitted
in the underlying district.
(3)
Residential uses combined with studios with an emphasis on arts and
crafts.
F.
Application procedure for establishing an overlay district. An overlay zone is a type of zoning district. To establish an overlay district zone, apply for a zone change in accordance with Chicopee City Code, § 275-14.
G.
Application procedure for an overlay district project. An overlay
district project takes place within a designated overlay district
zone, subject to a special permit granted by the City Council.
(1)
Preapplication. The applicant is required to attend a preapplication
review with the Overlay District Review Committee. Preapplication
review meetings with the developer and representatives cited above
will be coordinated by the Department of Planning and Development.
The purpose of a preapplication review is to introduce the developer
to the municipal staff members who will be reviewing the project and
exchange information about the site and surrounds that may be applicable
to the success of the project. This meeting is intended to save time
for the developer and the City. At this time the City may also determine
if the scope of the project will warrant, at the expense of the applicant,
a registered professional engineer or other professional consultant(s)
to advise the City Council on any aspect of the application. At the
preapplication review, the applicant may outline the proposed project
and seek preliminary feedback from the City. No formal filings are
required for the preapplication review; however, the applicant is
encouraged to prepare sufficient preliminary architectural and/or
engineering drawings to inform the Overlay District Review Committee
of the scale and overall design of the proposed project.
(2)
Application. The City Council's authority to review special permits is established in Chicopee City Code, § 275-9. Special permit applications under this section shall also include the following:
(a)
Number of copies: One original and 17 copies of a special permit
application form available from the Department of Planning and Development
shall be submitted to the City Council.
(b)
Fees:
[1]
A nonrefundable special permit filing fee.
[2]
Engineering and/or consultant fee. If it has been predetermined
that an engineering review fee shall be required, the applicant shall
submit an engineering review fee in accordance with the City Council
Fee Schedule. The unexpended balance of the engineering review fee
shall be returned to the applicant within 30 days from issuance of
approval or disapproval. To the extent that the engineering review
fee shall prove insufficient to pay for the evaluation and review
of the site plan by independent technical experts, the charges, if
any, shall be billed to the applicant. The applicant shall pay all
invoices submitted by the City Council within 30 days.
(c)
Plans required:
[2]
Special features plan, showing vegetation, wetlands, perennial
streams and ponds, waterways, waterfalls, canals and dams, trees of
more than six-inch caliper, rock outcroppings, slopes in excess of
25%, existing and proposed trails and paths, open vistas, structures
of historical importance, wildlife habitats, and proposed conservation
and recreation areas.
[3]
Preliminary landscaping and architectural design, showing type,
location and layout of buildings, typical elevations, as well as the
general height, bulk and appearance of structures, inclusive of any
accessory uses. Perspective drawings may be subsequently required
by the City Council.
[4]
Exterior lighting plan, showing existing and proposed exterior
lighting, including building and ground lighting, locations, supports,
mounting heights, and orientation.
[5]
Floor plan to scale for each floor of each building, indicating,
if applicable, number of units; number of bedrooms; and proposed use
of floor space.
(d)
Narrative report shall be submitted, including the following
components:
[1]
Project summary.
[2]
Proposed development schedule.
[3]
Historical narrative prepared by a preservation consultant that
includes the significance of the site, architecture and any important
associated events or persons.
[4]
Details of erosion and sedimentation controls during and after
construction.
[5]
Subsurface soil and water conditions that impact the project
and methods to be used to overcome them.
[6]
Traffic impact study.
[7]
Impact to public sewer system.
[8]
Impacts to City water supply and distribution system.
[9]
Impacts to municipal and governmental services, including schools.
[10]
Projected net tax and other revenues over anticipated municipal
costs should be submitted to estimate the total fiscal impact of the
proposed project upon City resources.
[11]
Information pertaining to any organization which the applicant
proposes to form, where the development is to be a condominium or
other ownership organization.
[12]
Copies of all proposed covenants, easements, and other restrictions
which the applicant proposes to grant to the City.
[13]
Other information that the City Council may reasonably require
to assist in determining whether the applicant's proposed development
plan meets the objectives of this section.
H.
Waiver. Waiver of application requirements: The City Council may
waive the submission of technical information or documents where the
applicant demonstrates that, due to the simplicity of the proposal,
such information is not necessary for or applicable to the City Council's
decision pursuant to this section.
I.
Review procedure.
(1)
Copies of applications, plans and supporting materials shall be distributed
to the Overlay District Review Committee. Reviewers shall submit written
recommendations to the City Council within 14 days of receiving the
special permit application. Failure to submit written comments to
the City Council within the designated time may be deemed a lack of
opposition thereto.
J.
Any new building or new accessory use (not approved under the original special permit) shall be constructed within a project except by special permit and in accordance with Chicopee City Code, § 275-6.
K.
Standards for project submission and review.
(1)
Landscaping requirements.
(a)
Ornamental and shade trees are the preferred landscaping element
for ease of maintenance, permanency, and contribution to environmental
quality. Native trees and shrubs are encouraged because they are adapted
to the region and support native wildlife. Guidelines for trees and
shrubs suitable for Chicopee's urban environment are available in
the Department of Planning and Development.
(b)
Screening of mechanical equipment, trash, and loading areas
shall be provided through the use of walls, fences, and/or dense evergreen
plant materials.
(c)
Berms may be used for screening along the street in conjunction
with plant materials, if they do not compromise traffic or pedestrian
safety.
(d)
Landscaping shall be provided for interior vehicular use areas
to provide visual and climatic relief from broad expanses of pavement
and to channelize and define logical areas for pedestrian and vehicular
traffic.
(e)
The use of porous pavement and/or perforated brick or block
shall be used to the extent feasible to increase on-site water retention
for plant material and groundwater supplies and to reduce problems
associated with runoff.
(f)
Completion of the landscaping requirements may be postponed
due to seasonal weather conditions for a period not to exceed six
months from the time of project completion.
(g)
Landscaping and screening plant materials shall not encroach
on the public walkways or roadways in a way that impedes pedestrian
or vehicular traffic.
(h)
Shrubs or trees shall be maintained in a healthy condition or
shall be replaced within one growing season.
(2)
Access. The principal roadway(s) within the site shall be adequate
for the intended use and vehicular traffic and shall be privately
maintained. There shall be sufficient site access for public safety
vehicles. Buildings that do not have frontage on a street must provide
access for emergency and service vehicles through the layout and design
of driveways and interior service roads.
(3)
Parking.
(a)
Number of spaces. The applicant shall provide adequate parking to serve all anticipated uses on the property. The minimum number of parking spaces shall be computed using the parking requirements in Chicopee City Code, § 275-40. Where there is more than one category of use, then the number of spaces required shall be 70% of the sum of required spaces for each category of use.
(b)
Shared parking. The City Council may allow a reduction of the
required number of spaces by up to 50% if it can be demonstrated that
two or more uses within a single development can share parking spaces.
In determining the appropriate reduction, the City Council may give
consideration to the hours of operation and/or usage of the proposed
uses within the development, the opinions of merchants, residents
and municipal officials as to the adequacy of parking spaces within
the surrounding area, as well as other relevant information. Parking
spaces may be located either on or off the site. The applicant must
show proof of space and indicate if the space is owned or leased.
(c)
Parking stall dimensions. A standard parking stall is nine feet
by 18 feet. The City Council may allow smaller spaces if they are
demonstrated to be safe and functional.
(d)
Parking areas shall be screened from view from adjacent residentially
zoned or occupied premises located outside the site, including public
ways.
(e)
Parking lots shall be located to the rear or side of all buildings
and shall not be located in front setbacks or in buffer areas.
(f)
In parking areas of 30 or more parking stalls, at least one
shade tree of 2.5 inches or greater caliper complemented by shrubs
and other planting material shall be planted for every 10 parking
spaces. Adequate tree wells and irrigation shall be provided for all
parking lot landscaping.
(g)
Pedestrian access is to be taken into consideration in parking
lot design. The use of separate walkways is encouraged.
(h)
Paving. Paving shall be textured or of different materials at
pedestrian crossings and walkways. The use of stone, brick or cultured
stone pavers for entrance walkway borders is encouraged. The use of
textured materials for walkway borders is encouraged.
(4)
Paths. The City Council may require paths which shall be attractively
designed with proper regard for convenience, separation of vehicular,
bicycle and pedestrian traffic, adequate connectivity, completeness
of access to the various amenities and facilities on the site and
to pathways or sidewalks to adjacent sites.
(5)
Emergency systems. The project shall have an integrated emergency
call and/or telephone and/or other communications system for its residents
and/or other tenants.
(6)
Appearance/architectural design. New construction: Architectural
design shall be compatible with the historic character and scale of
building in the neighborhood through the use of appropriate building
materials, screening, breaks in roof and wall lines and other architectural
techniques.
(7)
Noise, vibration, smoke, heat, glare, and odor. No use shall be permitted
that causes or results in dissemination of dust, smoke, gas or fumes,
odor, noise, vibration or excessive light, under standards set forth
in the performance criteria in this chapter.
(a)
Noise.
[1]
Residential units shall be constructed so that interior noise
levels do not exceed an LDN of 45 dB in any habitable room.
[2]
Commercial uses shall be designed and operated so that neighboring
residents are not exposed to offensive noise, especially from traffic
or late-night activity.
[3]
Common walls between residential and nonresidential uses shall
be constructed to minimize the transmission of noise and vibration.
(b)
Vibration shall not be discernible to any human's sense of feeling
for three minutes in any one hour for a total of 15 minutes in any
one day, or producing an acceleration of more than 0.1G.
(c)
Smoke shall not be visible beyond a shade darker than No. 1
on the Ringelmann Smoke Chart.
(d)
Heat and glare shall not be discernible from the outside of
any structure.
(e)
Odor, dust, and fumes shall be effectively confined to the premises
or so disposed as to avoid air pollution.
(8)
Lighting. Lighting of the site shall be adequate at ground level
for the protection and safety of the public in regard to parking lots,
pedestrian and vehicular circulation. The glare from the installation
of outdoor lights and illuminated signs shall be contained on the
property and shall be shielded from abutting properties. Lighting
structures shall be integrated with the site and surrounding uses.
(9)
Density.
(a)
The City Council shall approve the number of proposed dwelling
units upon consideration of impacts to City schools and services,
traffic, adequacy of the site, and reports from the engineering or
technical consultants employed by the City Council, the Overlay District
Review Committee and any other department, board or commission from
whom the City Council requests a report.
(b)
Number of bedrooms. The City Council may ensure the diversification
of dwelling units within a project by establishing the number of dwelling
units with one, two, or three or more bedrooms. Not more than 10%
of the dwelling units in any project shall consist of three or more
bedrooms.
L.
Action by the City Council. The City Council may grant a special
permit for a project if it determines that the proposed project complies
with the requirements of this section. The City Council shall consider
the following when making its determination:
(1)
Degree to which the proposed project complies with the performance
standards set forth in this section;
(2)
Suitability of the site for the proposed use(s);
(3)
Social, economic or community needs which are served by the proposal;
(4)
Impact on traffic and pedestrian flow and safety;
(5)
Adequacy of utilities and other public services;
(6)
Impact on the neighborhood visual character;
(7)
Impact on the natural environment;
(8)
Potential fiscal impact, including impact on City services, tax base
and employment; and
[Added 8-3-2010 by Ord. No. 10-33]
A.
Part 1: General provisions.
(1)
Purposes. The purposes of the Chicopee 40R Smart Growth Overlay District
are:
(a)
To provide an opportunity for residential and mixed-use development,
including both new construction and renovation of existing buildings,
within a distinctive, attractive and livable environment that supports
the commercial revitalization of Chicopee Center.
(b)
To promote continuing development and redevelopment in Chicopee
Center that is pedestrian friendly and consistent with Chicopee history
and architecture.
(c)
To ensure high quality site planning, architecture and landscape
design that enhances the distinct visual character and identity of
Chicopee Center, by providing the environment with safety, convenience
and amenities.
(d)
To provide for a diversified housing stock at a variety of costs
within walking distance of services and public transportation, including
affordable housing, and in housing types that meet the needs of the
City's population.
(e)
To generate positive tax revenue, and to benefit from the financial
incentives provided by MGL Chapter 40R, while providing the opportunity
for new business growth and additional local jobs.
(2)
AA-APPROVING AUTHORITY
AFFORDABLE HOMEOWNERSHIP UNIT
AFFORDABLE HOUSING
AFFORDABLE HOUSING RESTRICTION
AFFORDABLE RENTAL UNIT
AFFORDABLE UNIT
ANNUAL UPDATE
APPLICANT
AS-OF-RIGHT DEVELOPMENT
BUSINESS SERVICES
CC40R
CHARITABLE INSTITUTIONS
COMMON OWNERSHIP
COMMUNICATIONS
DEPARTMENT or DHCD
DESIGN STANDARDS AND GUIDELINES
DEVELOPMENT PROJECT
DWELLING UNIT
(a)
(b)
(c)
(d)
EATING AND DRINKING PLACES
EDUCATIONAL SERVICES
ELIGIBLE HOUSEHOLD
ENABLING LAWS
ENTERTAINMENT ASSEMBLY
FAMILY
FINANCE, INSURANCE and REAL ESTATE
GOVERNMENTAL SERVICES
HOTEL or MOTEL
HOUSEHOLD INCOME, MEDIAN
INDUSTRIAL USES
INSTITUTIONAL USE
MAJOR PROJECT
MINOR PROJECT
MIXED-USE DEVELOPMENT PROJECT
MONITORING AGENT
MUNICIPAL FACILITIES
NONRESIDENTIAL USE
OFFICE
PERSONAL SERVICES
PROFESSIONAL SERVICES
PROJECT
REPAIR SERVICES
RESIDENTIAL PROJECT
RETAIL
RETAIL TRADE
SITE PLAN
SITE PLAN APPROVAL
SITE PLAN REVIEW
SMART GROWTH DISTRICT
SPORTS ASSEMBLY
SUBDISTRICT
UNDERLYING ZONING
UNDULY RESTRICT
UNRESTRICTED UNIT
USE, ACCESSORY
USE, PRINCIPAL
USE, SECONDARY
WHOLESALE
ZONING ORDINANCE
Definitions. As used in this section, the following terms shall have
the meanings set forth below:
The City Council acting as the authority authorized to conduct
the approval process for purposes of reviewing project applications
and issuing plan approval decisions within the CC40R.
An affordable housing unit required to be sold to an eligible household per the requirements of Subsection A(8) of this section.
Housing that is affordable to and occupied by eligible households.
An affordable housing unit required to be rented to an eligible household per the requirements included in Subsection A(8) of this section.
The collective reference to affordable homeownership units
and affordable rental units.
A list of all approved and currently proposed Smart Growth
Districts within the City of Chicopee, to be filed on or before July
31 of each year with the Massachusetts Department of Housing and Community
Development pursuant to MGL c. 40R and applicable regulations.
An individual or entity that files a site plan for a development
project subject to the provisions of the Smart Growth District.
A development project allowable under this section without
recourse to a special permit, variance, zoning amendment, or other
form of zoning relief. A development project that is subject to the
site plan review requirement of this section shall be considered an
as-of-right development.
Services used in the conducting of business and commerce,
including but not limited to consumer and mercantile credit reporting;
news services; research, development and testing; business management
and consulting; equipment rental; photo finishing; and automotive
rental and distribution services.
The Chicopee Center Smart Growth Overlay District.
Nonprofit organizations established under MGL c. 180.
Two or more contiguous or noncontiguous lots within the CC40R
shall be deemed to be in common ownership if majority control of each
is held by a common entity.
Exchanges and stations used for the transmittal and relay
of electronic communication messages, including but not limited to
facilities for telephone, telegraph, radio, television and cable television,
excluding wireless communications services.
The Massachusetts Department of Housing and Community Development,
or any successor agency.
Subsection A(17) of this section is applicable to all development projects within the CC40R that are subject to site plan review by the approving authority.
A residential, nonresidential or mixed-use development undertaken
pursuant to this section, including the construction, reconstruction,
conversion, alteration, relocation, enlargement or substantial rehabilitation
of any structure(s) or building(s) on a lot or lots within the CC40R.
One or more rooms arranged for the use of one or more individuals
living together as a single housekeeping unit with cooking, living
sanitary and sleeping facilities. The following types of dwelling
units are specifically defined:
SINGLE-FAMILYA residential dwelling unit, other than a mobile home, designed for occupancy by one family only.
TWO-FAMILYA residential building containing two dwelling units, designed for occupancy by not more than two families.
THREE-FAMILYA residential building containing three dwelling units, designed for occupancy by not more than three families.
MULTIFAMILYA residential building containing four or more dwelling units.
A building used for the serving of food and/or drink for
consumption on the premises.
Privately owned and operated facilities for instruction and
education, including but not limited to nursery schools, colleges
and professional schools, vocational and business schools and art,
dancing and driving schools. It does not include day-care centers.
An individual or household whose annual income is below 80%
of the area-wide median income as determined by the United States
Department of Housing and Urban Development (HUD), adjusted for household
size, with income computed using HUD's rules for attribution of income
to assets.
MGL Chapter 40R and 760 CMR 59.00.
Theaters and other indoor places of assembly used for entertainment
and recreational activities.
One or more persons occupying a dwelling unit as a single
household, provided that domestic employees may be housed on the premises
without being counted as a family or families.
Services associated with financial and investment needs,
including but not limited to banking services, security and commodity
brokers, insurance and real estate services.
Structures, services, utilities, parks, playgrounds and offices
commonly associated with the operation of government.
Any building or group of buildings that provides sleeping
accommodations for transient motorists and which is not licensed as
a lodging house.
The median income, adjusted for household size, as reported
by the most recent information from, or calculated from regulations
promulgated by, the United States Department of Housing and Urban
Development (HUD).
Uses involving the processing, assembly and fabrication of
materials.
A nonprofit or quasi-public use or institution, such as a
church, library, public or private school, hospital, or municipally
owned or operated building, structure or land, used for public purpose.
Any development project other than individual single-, two-
and three-family residential.
A residential project limited to an individual single-, two-
or three-family structure.
A project containing a mix of residential uses and nonresidential uses, as allowed in Subsection A(7)(b), and subject to all applicable provisions of this section.
Chicopee Office of Community Development is designated to
review and implement the affordability requirements for projects approved
in accordance with this section.
Facilities utilized in the provision of services normally
provided by municipalities, such as schools, parks, playgrounds, municipal
office buildings, maintenance buildings and City-run utilities.
Office, retail, restaurant or institutional use, inclusive,
or some combination of the same, not located within a mixed-use development
project.
A place for the regular performance of business transactions
and services, generally intended for administrative, professional
and clerical activities, including a medical or dental office or health
clinic.
Consumer-oriented services, including but not limited to
laundering and dry cleaning; photographic services; beauty and barber;
apparel repair, alteration and cleaning; and shoe repair.
Services performed by professional persons for business and
personal use, including but not limited to medical and health; planning,
engineering and architectural; accounting, auditing and bookkeeping;
and educational and scientific.
A residential project or mixed-use development project undertaken
within the CC40R in accordance with the requirements of this section.
Repair of items used or useful in residential structures.
A project that consists solely of residential uses and any applicable ancillary parking and accessory uses and that is further defined in Subsection A(7)(a).
Business establishments selling goods and/or services to
customers on site, generally for personal, business or household consumption.
A reasonable amount of storage of said goods shall also be assumed
to be an integral part of retail use.
The sale of goods to consumers, including but not limited
to the sale of building materials, general merchandise, food, automotive
supplies, apparel, furniture, home furnishings, pharmaceuticals, liquor,
stationery and books, sporting goods, garden supplies and jewelry.
A plan depicting a proposed development project for all or
a portion of the Smart Growth District and which is submitted to the
AA for its review and approval.
The AA's authorization for a proposed development project
based on a finding of compliance with this section and design standards
after conducting a site plan review.
The review procedure established by this section and administered
by the City Council of the City of Chicopee as the AA.
An overlay zoning district adopted pursuant to MGL c. 40R,
in accordance with the procedures for zoning adoption and amendment
as set forth in MGL c. 40A and approved by the Department of Housing
and Community Development pursuant to MGL c. 40R and applicable regulations.
Stadiums, arenas, racetracks and other facilities used for
the viewing of sporting entertainment events.
A specific and defined area of land within the CC40R that
is subject to specific requirements for allowable uses or dimensional
requirements that may differ from the requirements for allowable uses
or dimensional requirements in other specific and defined areas within
the CC40R.
The zoning requirements adopted pursuant to MGL c. 40A that
are otherwise applicable to the geographic area in which the CC40R
is located, as said requirements may be amended from time to time.
A provision of a Smart Growth District or a design standard
that adds unreasonable costs or unreasonably impairs the economic
feasibility of proposed development projects in a Smart Growth District.
A dwelling unit that is not restricted as to rent, price
or eligibility of occupants.
A use subordinate to the principal use on the same lot or
in the same structure and serving a purpose customarily incidental
to the principal use, and which does not, in effect, constitute conversion
of the principal use of the lot, site or structure to a use not otherwise
permitted in the Smart Growth District. Accessory uses are permitted
or prohibited in the Smart Growth District to the same extent as if
such uses were principal uses.
The main or primary purpose for which a structure, building,
or lot is designed, arranged, licensed, or intended, or for which
it may be used, occupied, or maintained under this section.
A use located on the same lot as a principal use but which
is of equal or lesser scale, impact, and visibility than the principal
use. A secondary use is not an accessory use, as it is largely independent
from the principal use.
The sale of goods in quantity, as to retailers or jobbers,
for resale.
The Zoning Ordinance of the City of Chicopee, Chapter 275 of the Chicopee City Code.
(3)
Establishment and delineation of Smart Growth Overlay District and
subdistricts. The Chicopee Center 40R Smart Growth Overlay District,
hereinafter referred to as the "CC40R," is an overlay district having
a land area of approximately 26 acres in size that is superimposed
over underlying zoning districts. Within the CC40R, there are two
subdistricts identified as Cabotville and Exchange. The boundaries
of the 40R District and the subdistricts are delineated on a zoning
map titled "CC40R Boundary, Parcel and Subdistrict Map," dated August
3, 2010, prepared by the Chicopee Department of Planning and Development.
This map is hereby made a part of this chapter and is on file in the
office of the City Clerk.
(4)
Applicability. The Chicopee Center Smart Growth Overlay District
is established pursuant to the authority of MGL c. 40R and applicable
regulations, and shall be deemed to overlay the parcels as shown on
the Zoning Map of the City of Chicopee, as amended. The projects proceeding
under this section shall be governed solely by the provisions of this
section and shall be deemed exempt from the standards and/or procedures
of the underlying zoning, including any rate limitations or moratoriums
placed on the issuance of residential building permits.
(5)
Underlying zoning. The CC40R is an overlay district superimposed
on all underlying zoning districts. The regulations for use, dimension,
and all other provisions of the Zoning Bylaw governing the underlying
zoning district(s) shall remain in full force, except for those development
projects undergoing development pursuant to this section. Within the
boundaries of the CC40R, a developer may elect either to develop a
project in accordance with the requirements of the Smart Growth Zoning,
or to develop a project in accordance with requirements of the regulations
for use, dimension, and all other provisions of the Zoning Ordinances
governing the underlying zoning district(s).
(6)
Administration, enforcement, and appeals. The provisions of this section shall be administered by the Building Commissioner, except as otherwise provided herein. Any legal appeal arising out of a plan approval decision by the AA under Subsection A(9) and (10) shall be governed by the applicable provisions of MGL Chapter 40R. Any other request for enforcement or appeal arising under this section shall be governed by the applicable provisions of MGL Chapter 40A.
(7)
Permitted uses. The following uses shall be permitted in the CC40R
as-of-right upon site plan approval pursuant to the provisions of
this section.
(a)
Residential projects. A residential project within the CC40R
may include:
[1]
Single-family, two- and three-family, and/or multifamily dwellings;
[2]
Parking accessory to any of the above permitted uses, including
surface, garage-under and structured parking (e.g., parking garages);
and
[3]
Accessory uses customarily incidental to any of the above permitted
uses. These uses are allowed subject to subdistrict restrictions.
(b)
Mixed-use development projects. A mixed-use development project
within the CC40R may include:
[1]
Single-family, two- and three-family, and/or multifamily dwelling(s),
provided that the allowable as-of-right density requirements for residential
use specified in this section shall apply to the residential portion
of any mixed-use development project. These uses are allowed subject
to subdistrict restrictions.
[2]
Any of the following uses, provided the total gross floor area
devoted to these uses within a mixed-use development project shall
not exceed 50% of the total gross floor area of the project.
[3]
Nonresidential uses allowed subject to subdistrict restrictions:
[a]
Accessory uses.
[b]
Automobile parking.
[c]
Business and professional services.
[d]
Communications.
[e]
Educational services.
[f]
Eating and drinking places with or without the
consumption of alcohol and with or without live entertainment.
[g]
Entertainment assembly.
[h]
Finance, insurance and real estate.
[i]
Hotels and motels.
[j]
Personal services.
[k]
Professional services.
[l]
Repair services other than for automobiles and
trucks.
[m]
Retail trade with or without outdoor storage.
[n]
Charitable institutions.
[o]
Wholesale.
[p]
Industrial uses – only if approved by the
AA.
[4]
Parking accessory to any of the above permitted uses, including
surface, garage-under, and structured parking (e.g., parking garages).
(c)
Permitted uses by subdistrict.
[Amended 11-16-2010 by Ord. No. 10-56]
|
Table A
| |||||
|---|---|---|---|---|---|
|
Permitted Uses by Subdistrict
| |||||
|
Dwelling Units, Single-Family, Detached
|
Dwelling Units, Two-Family
|
Dwelling Units, Three-Family
|
Dwelling Units, Multifamily
|
Mixed-Use Development Projects
| |
|
Cabotville
|
X
|
X
| |||
|
Exchange
|
X
|
X
|
X
|
X
|
X
|
(d)
Prohibited uses.
[1]
Any other use dangerous to persons within or outside the CC40R
by reason of emission of odor, fumes, gases, particulate matter, smoke,
noise, vibration, glare, radiation, electrical interference, and threat
of fire or explosion. Such uses include, but are not limited to, manufacture
of acids, gases, fertilizers, and glue, petroleum refining, reduction
of animal matter, and manufacture of cement, gypsum, and explosives.
[2]
Any use not listed as a permitted use cannot be approved under
the terms of this section.
(e)
Regulated uses.
[1]
Drive-through windows. Any development proposal including a
drive-through window shall include documentation that traffic entering
and exiting the facility can do so without endangering other vehicle
traffic safety, pedestrian safety or discouraging pedestrian activity
in that location.
(8)
Housing and housing affordability.
(a)
Minimum number of affordable units: A residential or mixed-use
development project may not be segmented to evade the following affordability
thresholds:
[1]
Twenty percent for all residential and mixed-use development
projects except;
[2]
Twenty-five percent of all rental and/or ownership units in
a residential or mixed-use development project in which all of the
dwelling units are limited to occupancy by elderly persons and/or
by persons with disabilities.
(b)
Fractional units: When the application of the percentages specified
above results in a number that includes a fraction, the fraction shall
be rounded up to the next whole number if the fraction is 0.5 or more.
If the result includes a fraction below 0.5, the fraction shall be
rounded down to the next whole number.
(c)
Affordable units shall comply with the following requirements:
[1]
The monthly rent payment for an affordable rental unit, including utilities and parking, shall not exceed 30% of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one, except in the event of an eligible household with a Section 8 voucher, in which case program rent limits shall apply.
[2]
For an affordable homeownership unit the monthly housing payment,
including mortgage principal and interest, private mortgage insurance,
property taxes, condominium and/or homeowners' association fees, insurance,
and parking, shall not exceed 30% of the maximum monthly income permissible
for an eligible household, assuming a family size equal to the number
of bedrooms in the unit plus one.
[3]
Affordable units required to be offered for rent or sale shall
be rented or sold to and occupied only by eligible households.
(d)
Design and construction.
[1]
Design. Affordable units must be dispersed throughout a project
and be comparable in initial construction quality and exterior design
to the unrestricted units. However, nothing in this section is intended
to limit a homebuyer's rights to renovate a dwelling unit under applicable
law. The affordable units must have access to all on-site amenities.
Affordable units shall be finished housing units.
[2]
Phasing. All affordable units must be constructed and occupied
not later than concurrently with construction and occupancy of unrestricted
units. In projects that are constructed in phases, affordable units
must be constructed and occupied in proportion to the number of dwelling
units in each phase of the project.
(e)
Unit mix and unrestricted units.
[1]
The number of bedrooms per dwelling unit in the affordable units
shall be at least proportionate to the total number of bedrooms in
all units in the project of which the affordable housing is part.
[2]
If only one affordable unit is required and the other units
in the project have various numbers of bedrooms, the number of bedrooms
in the affordable unit shall be at least equal to the average number
of bedrooms for all other units in the development project.
(f)
Affordable housing restriction. Each affordable unit shall be
subject to an affordable housing restriction which is recorded with
the County Registry of Deeds or Land Court Registry District of the
County. The affordable housing restriction shall contain, at minimum,
the following:
[1]
A description of the affordable homeownership unit, if any,
by address and number of bedrooms; and a description of the overall
quantity and number of bedrooms and number of bedroom types of affordable
rental units in a project or portion of a project which are rental.
Such restrictions shall apply individually to the specifically identified
affordable homeownership unit and shall apply to a percentage of rental
units of a rental project or the rental portion of a project without
specific unit identification.
[3]
The name and address of the monitoring agent with a designation
of its power to monitor and enforce the affordable housing restriction.
[4]
Reference to a housing marketing and resident selection plan,
to which the affordable unit is subject, and which includes an affirmative
fair housing marketing program, including public notice and a fair
resident selection process. If approved by DHCD, the housing marketing
and selection plan may provide for local preferences in resident selection.
The plan shall designate the household size appropriate for a unit
with respect to bedroom size and provide that preference for such
unit shall be given to a household of the appropriate size.
[5]
A requirement that buyers or tenants will be selected at the
initial sale or initial rental and upon all subsequent sales and rentals
from a list of eligible households compiled in accordance with the
housing marketing and selection plan.
[6]
Reference to the formula pursuant to which rent of a rental
unit or the maximum resale price of a homeownership unit will be set.
[7]
A requirement that only an eligible household may reside in
an affordable unit and that notice of any lease or sublease of any
affordable unit shall be given to the monitoring agent.
[8]
Provision for effective monitoring and enforcement of the terms
and provisions of the affordable housing restriction by the monitoring
agent.
[9]
Provision that the restriction on an affordable homeownership
unit shall run in favor of the monitoring agent and the City of Chicopee,
in a form approved by municipal counsel, and shall limit initial sale
and resale to and occupancy by an eligible household.
[10]
Provision that the owner(s) or manager(s) of affordable rental unit(s) shall file an annual report to the monitoring agent, in a form specified by that agent certifying compliance with the affordability requirements of Subsection A(8) and containing such other information as may be reasonably requested in order to ensure affordability.
[11]
Provision that the restriction on affordable rental
units in a rental project or rental portion of a project shall run
with the rental project or rental portion of a project and shall run
in favor of the monitoring agent and/or the City of Chicopee, in a
form approved by municipal counsel, and shall limit rental and occupancy
to an eligible household.
[12]
A requirement that residents in affordable units
provide such information as the monitoring agent may reasonably request
in order to ensure affordability.
[13]
Designation of the priority of the affordable
housing restriction over other mortgages and restrictions.
(g)
Administration. The Chicopee Office of Community Development
shall serve as the monitoring agent and ensure the following:
[1]
Prices of affordable homeownership units are properly computed;
rental amounts of affordable rental units are properly computed.
[2]
Income eligibility of households applying for affordable units
is properly and reliably determined.
[3]
The housing marketing and resident selection plan conforms to
all requirements and is properly administered.
[4]
Sales and rentals are made to eligible households chosen in
accordance with the housing marketing and resident selection plan
with appropriate unit size for each household being properly determined
and proper preference being given.
[5]
Affordable housing restrictions meeting the requirements of
this section are recorded with the Hampden County Registry of Deeds
or Land Court Registry District of Hampden County. The housing marketing
and selection plan may make provision for payment by the owner of
reasonable costs to the monitoring agent to develop, advertise, and
maintain the list of eligible households and to monitor and enforce
compliance with affordability requirements. In the case where the
monitoring agent cannot adequately carry out its administrative duties,
upon certification of this fact by the AA or by the Department of
Housing and Community Development, the administrative duties shall
devolve to and thereafter be administered by a qualified housing entity
designated by the AA.
(9)
Site plan review – plan submission and review procedures:
(a)
Plan review. The AA (approving authority) shall be aided in
its review process by a Site Plan Review Advisory Committee composed
of representatives from municipal departments, boards and/or committees,
including: Building, CEL (Chicopee Electric Light), Conservation,
Fire, Health, Planning and Development, Police, Public Works (Highway,
Engineering, Waste Water) Water, Community Development, School Department,
Assessor's Commission for the Disabled, member(s) of the City Council,
and any other City department, board, commission or agency as designated
by the AA. This review process shall be coordinated on behalf of the
AA by the Department of Planning and Development.
(b)
Pre-application. At the request of the applicant, the Chicopee
Department of Planning and Development will coordinate a pre-application
review with the Site Plan Review Advisory Committee. The purpose of
a pre-application review is to introduce the developer to the municipal
staff members who will be reviewing the project and exchange information
about the site and surrounds that may be applicable to the success
of the project. This meeting is intended to save time for the developer
and the City. No formal filings are required for the pre-application
review; however, the applicant is encouraged to prepare a concept
plan that shows:
(c)
Fees. The application fee is $250.
(d)
Application. An application for site plan approval shall be
submitted to the City Clerk on the form provided by the AA along with
the application fee. A copy of the application, including the date
of filing certified by the City Clerk, shall be filed forthwith with
the AA. The application shall be accompanied by such plans, project
narrative, and other documents as required by the AA as well as any
materials required verifying compliance with any of the above provisions
of this section. The application process is divided into minor and
major projects. Single-, two- and three-family residential projects
are reviewed as minor projects. All other projects shall be reviewed
as major projects.
[1]
Minor projects: Submission requirements for projects of one-,
two- and three-family dwellings on individual lots shall include the
application, application fee, 28 copies of all supporting documents
as set forth in this section, building elevations, and a plot plan
certified by a person registered under the General Laws of the Commonwealth
of Massachusetts to practice land surveying. The following information
must be shown on the plot plan:
[a]
All property corners, with type of monumentation
(identified as set or found).
[b]
Existing and proposed grading, proposed grading
at house corners and garage doors.
[c]
Proposed location of the building(s) and driveway.
[d]
Utilities.
[e]
Elevation of top of foundation wall F.F. (finished
floor), benchmark and datum.
[f]
Direction of stormwater runoff; the proposed grading
shall not direct runoff toward abutting properties.
[g]
Location and dimensions of existing and proposed
easements.
[h]
North arrow, street name(s), zoning district, setbacks,
side yards, lot area, and Chicopee Assessor Map and parcel ID number.
[i]
Scale: 1:20.
[j]
Lot dimensions. (Note: Lots in common ownership
shall be merged.)
[2]
Major projects.
[a]
All plans shall be prepared by certified architects
or engineers registered in the Commonwealth of Massachusetts.
[b]
Number of copies: The application shall be considered
as the application form, plans, narrative and any other required supporting
documents. The application form is available from the Department of
Planning and Development. One original and 28 copies of the application
form, all plans and documents shall be submitted to the City Clerk.
[c]
Plans required:
[i]
Plot plan as set forth in Subsection A(9)(d)[1] above and all supporting plans and documents identified in this section.
[ii]
Special features plan, showing vegetation, wetlands, perennial
streams and ponds, waterways, waterfalls, canals and dams, trees of
more than six-inch caliper, rock outcroppings, slopes in excess of
25%, existing and proposed trails and paths, open vistas, structures
of historical importance, wildlife habitats, and proposed conservation
and recreation areas.
[iii]
Preliminary landscaping and architectural design,
showing type, location and layout of buildings, typical elevations,
as well as the general height, mass and appearance of structures.
[iv]
Exterior lighting plan, showing existing and proposed exterior
lighting, including building and ground lighting, locations, supports,
mounting heights, and orientation.
[v]
Floor plan to scale for each floor of each building, indicating,
if applicable, number of units, number of bedrooms, and proposed use
of floor space.
[3]
Narrative report shall be submitted, including the following
components:
[a]
Project summary.
[b]
Proposed development schedule.
[c]
Historical narrative that includes the significance
of the site, architecture and any important associated events or persons.
[d]
Details of erosion and sedimentation controls during
and after construction.
[e]
Subsurface soil and water conditions that impact
the development project and methods to be used to overcome them.
[f]
Traffic impact study.
[g]
Impact to public sewer system.
[h]
Impacts to City water supply and distribution system.
[i]
Impacts to municipal and governmental services,
including schools.
[j]
Projected net tax and other revenues over anticipated
municipal costs should be submitted to estimate the total fiscal impact
of the proposed project upon City resources.
[k]
Information pertaining to any organization which
the applicant proposes to form, where the development is to be a condominium
or other ownership organization.
[l]
Copies of all proposed covenants, easements, and
other restrictions which the applicant proposes to grant to the City.
[m]
Other information that the City Council may reasonably
require to assist in determining whether the applicant's proposed
development plan meets the objectives of this section.
[4]
Submission requirements. As part of any application for plan
approval for a project within the CC40R, the applicant must submit
the following documents to the AA and the monitoring agent.
[5]
Circulation to other boards. Upon receipt of the application,
the AA shall transmit to the Department of Planning and Development.
The Department of Planning and Development shall be responsible for
the immediate distribution of plans and supporting materials to all
municipal boards, departments, commissions, officials (and the monitoring
agent if the project is subject to affordability requirements) as
determined by the AA. These entities shall provide any written comments
within 60 days of receipt of the plan and application.
[6]
Public hearing. The AA shall hold a public hearing for which notice has been given as provided in MGL c. 40A, § 11.
[7]
The AA may adopt administrative rules and regulations relative
to site plan review. Such rules and regulations must be approved by
the Department of Housing and Community Development and filed with
the City Clerk.
(10)
Site plans — decisions.
(a)
Criteria for approval. The AA shall approve the development
project in accordance with the following:
[1]
The applicant has submitted the required fees and information
as set forth in applicable regulations; and
[2]
The proposed development project as described in the application
meets all of the requirements and standards set forth in this section
and applicable design standards, or a waiver has been granted therefrom;
and
[3]
Any extraordinary adverse potential impacts of the development
project on nearby properties have been adequately mitigated.
[4]
For a development project subject to affordability requirements, compliance with Subsection A(8)(c) above shall include written confirmation by the monitoring agent that all affordability requirements have been satisfied.
[5]
Conditions imposed are limited to only those necessary to ensure
compliance with this section.
(b)
Criteria for denial. A site plan approval application may be
disapproved only where the AA finds that:
[1]
The applicant has not submitted the required fees and information
as set forth in this section; or
[2]
The development project as described in the application does
not meet all the requirements and standards set forth in this section
and the AA regulations, or that a requested waiver therefrom has not
been granted; or
[3]
It is not possible to adequately mitigate significant adverse
development project impacts on nearby properties by means of suitable
conditions.
(c)
Time limit. The decision of the AA shall be made and a written
notice of the decision filed with the City Clerk within 120 days of
receipt of the application by the City Clerk. This time may be extended
by mutual agreement between the AA and the applicant by written agreement
filed with the City Clerk. Failure of the AA to take action within
said 120 days or the extended time shall be deemed an approval of
the site plan approval application.
(d)
Decisions. The AA shall issue to the applicant a copy of its
decision containing the name and address of the owner, identifying
the land affected and the plans that were the subject of the decision
and certifying that a copy of the decision has been filed with the
City Clerk and that all plans referred to in the decision are on file
with the AA. If 20 days have elapsed after the decision has been filed
with the City Clerk without an appeal having been filed, or if such
appeal having been filed is dismissed or denied, the City Clerk shall
so certify on a copy of the decision. A copy of said decision shall
be filed with the local Registry of Deeds.
(e)
Validity. Site plan approval shall remain valid and run with
the land indefinitely, provided that construction has commenced within
two years after the decision is issued, which time shall be extended
by the time required to adjudicate any appeal from such approval and
which time shall be extended if the project proponent demonstrates
that it is actively pursuing other required permits or there is other
good cause for failure to commence.
(f)
Waivers. Upon request of the applicant, the AA may waive dimensional
and other requirements of this section, including design standards,
in the interests of design flexibility and overall project quality,
and upon a finding of consistency of such variation with the overall
purpose and objectives of the CC40R or if it finds that such waiver
will allow the development project to achieve the density, affordability,
mix of uses and/or physical character intended by this section.
(g)
Project phasing. The AA may allow a development project to be
phased at the request of the applicant, or to mitigate any extraordinary
adverse impacts on nearby properties. For a project that is approved
and developed in phases, the proportion of affordable units shall
be consistent across all phases and the proportion of existing zoned
units to bonus units (as those terms are defined in 760 CMR 59.00)
shall be consistent across all phases.
(11)
Fair housing requirement. All development projects within the
CC40R shall comply with applicable federal, state and local fair housing
laws.
(12)
Severability. If any provision of this section is found to be invalid by a final, unappealable judgment of a court of competent jurisdiction, the remainder of § 275-68 shall not be affected but shall remain in full force. The invalidity of any provision of this § 275-68 shall not affect the validity of the remainder of the City's Zoning Ordinances.
(13)
Density and dimensional requirements.
(a)
Residential density allowances. The following residential densities
shall be allowed on all lots and within all buildings within the designated
subdistricts within the CC40R pursuant to the requirements of this
section and applicable design standards:
|
Residential Density by Subdistrict
| |||||
|---|---|---|---|---|---|
|
Units Per Acre
| |||||
|
Dwelling Units, Single-Family, Detached
|
Dwelling Units, Two-Family
|
Dwelling Units, Three-Family
|
Dwelling Units, Multifamily (1)
|
Mixed- Use Development Projects
| |
|
Cabotville
|
60
|
60
| |||
|
Exchange
|
8
|
12
|
16
|
20
|
20
|
(b)
Dimensional requirements.
|
Dimensional Requirements by Use for New Construction
or Division of Existing Parcels
| |||||||
|---|---|---|---|---|---|---|---|
|
Use
|
Ground Floor Elevation
|
Front Yard Setback
|
Side Yard Setback
(feet)
|
Rear Yard Setback
(feet)`
|
Maximum Height
(feet)
|
Frontage
(feet)
|
Area
|
|
Dwelling units:
1-family
2-family
3-family
|
3 feet above grade
|
Align to abutting principle structures. If no abutting
structures, 3 feet minimum/15 feet maximum. Porches may encroach.
|
4
|
12
|
40
|
30
| |
|
Dwelling units:
multifamily, 4 or more units
|
3 feet above grade
|
Align to abutting principle structures. If no abutting
structures, 10 feet maximum. Porches may encroach.
|
4
|
12
|
40
|
30
|
No minimum. Lot area is a function of the building
footprint and use requirements for open space, setbacks, travel aisle,
and parking
|
|
Mixed use
|
n/a
|
Align to abutting principle structures. If no abutting
structures, 8 feet minimum. Porches may encroach.
|
8
|
20
|
60
|
30
| |
|
Nonresidential uses
|
n/a
|
Align to nearest nonresidential structures on same
block, same side of street. If no nonresidential structures, 2 feet
minimum/5 feet maximum.
|
0 feet when abutting other nonresidential uses; 15
feet when exclusively residential uses
|
20
|
60
|
40
| |
(c)
Contiguous lots. In the CC40R, where two or more lots are contiguous
or are separated by a right-of-way, such lots may be considered as
one lot for the purpose of calculating maximum lot coverage, parking
requirements, minimum useable open space, and dwelling units per acre.
(14)
Off-street parking.
(a)
Off-street parking shall be provided as follows:
|
Use
|
Required/Allowable Parking
| |
|---|---|---|
|
Retail and restaurant
|
3 spaces per 1,000 square feet
| |
|
Office and institutional
|
4 spaces per 1,000 square feet
| |
|
Dwelling unit (1 bedroom)
|
1.0 space
| |
|
Dwelling unit (2 bedrooms)
|
1.5 spaces
| |
|
Dwelling unit (3 bedrooms)
|
2.0 spaces
| |
|
Dwelling unit (4 bedrooms)
|
2.5 spaces
|
(b)
Location of parking. Any surface parking lot shall, to the maximum
extent feasible, be located at the side or rear of a building, relative
to any public right-of-way, public open space, or pedestrian way.
In no case shall surface parking for new construction be permitted
within the required setbacks pursuant to the design standards.
(c)
The AA may grant site plan approval allowing project-specific,
less burdensome standards or similarly prescribe more economic safeguards
and conditions as it deems appropriate, provided that it finds that
it is impractical to meet the standards and that such modifications
are appropriate by reason of the proposed use and will not result
in or worsen parking or traffic problems in the CC40R.
(d)
Cooperative establishment and operation of parking areas. Required
spaces for any number of uses may be provided in a combined lot or
lots, provided that the number of spaces in the combined facility
shall not be less than the sum of those required of the individual
uses, and provided also that such lot or lots shall be within 600
feet of the principal buildings served.
(e)
Parking waivers. The AA may allow a reduction of the required
number of spaces by up to 30% if it can be demonstrated that two or
more uses can share parking spaces. In determining the appropriate
reduction, the AA may give consideration to the hours of operation
and/or usage of the proposed uses within the development, the opinions
of merchants, residents and municipal officials as to the adequacy
of parking spaces within the surrounding area, as well as other relevant
information. The applicant must show proof of space and indicate if
the space is owned or leased. Required spaces shall be within 600
feet of any use on or off the site.
(f)
The AA may require additional parking beyond the allowable number
of spaces per unit if deemed appropriate given the design, layout
and density of the proposed development project.
(g)
Parking shall be designed and constructed to comply with all
applicable disability access.
(15)
Open spaces and recreational area design and location. The site
plan design for development projects may include common open space
and facilities. Where proposed, the plans and any necessary supporting
documents submitted with an application for site plan approval within
the CC40R shall show the general location, size, character, and general
area within which common open space or facilities will be located.
The plans and documentation submitted to the AA shall include a description
of proposed ownership and maintenance of all common open space or
facilities.
(16)
Historic districts. Development projects that are located in
locally designated historic districts (all or in part) will also be
subject to the regulations of said historic district.
(17)
Design standards and guidelines. To ensure that development shall be of high quality, and shall be compatible with the character of building types, streetscapes, and other community features traditionally found in Chicopee, the City Council has adopted the following design standards and guidelines. (See Subsection B, Part 2: Design Standards and Guidelines.)
B.
Part 2: Design Standards and Guidelines.
(1)
Introduction. The Chicopee Center 40R (CC40R) is an overlay zoning
district adopted pursuant to MGL Chapter 40R, Smart Growth Zoning
and accompanying regulations at 760 CMR 59.00. These design standards
and guidelines are intended for the following purposes:
(a)
To encourage the development of affordable and market rate housing
in the CC40R District;
(b)
To preserve and augment Chicopee's architectural qualities,
historic character and pedestrian scale;
(c)
To promote historical continuity — the relationship of
built structures over time by design that respects the scale, massing
and materials of adjacent buildings and landscape;
(d)
To ensure that future development in Chicopee will preserve
and enhance existing businesses and residences, serve to catalyze
additional investments, and promote a high quality of architecture;
(e)
To foster a sense of belonging to an identifiable community
of residents;
(f)
To encourage high-quality building design;
(g)
To create distinctive-looking buildings that complement the
architecture of the area;
(h)
To allow signage in commercial areas that is in scale and is
architecturally compatible with the storefront buildings;
(i)
To provide landscaping and pedestrian-oriented open space, including
sidewalks and courtyards;
(j)
To promote street-level commercial uses in commercial areas
that are attractive to residents and visitors;
(k)
To encourage settlement by more residents in Chicopee Center;
(l)
To design upper-story setbacks for institutional, commercial
and mixed-use buildings;
(m)
To reduce building mass and keep in scale with the neighborhood;
(n)
To improve height, massing and scale compatibility between commercial
and residential areas;
(o)
To encourage attractive parking lots and to discourage driveways
and curb cuts on commercial streets, particularly in the Downtown
Subdistrict;
(p)
To encourage Center Street development that will connect the
Gateway Subdistrict to Downtown;
(q)
To encourage development that is green, sustainable and healthy.
(2)
Applicability. The general design standards and guidelines are applicable
in all subdistricts.
(3)
Design standards. The design standards are intended to set forth
mandatory requirements, subject to the provisions set forth in the
CC40R.
(4)
Design guidelines. The design guidelines are intended to set forth
nonbinding recommendations that will promote the objectives of the
design standards.
(5)
Height, mass and scale: standards and guidelines. The following standards
and guidelines are intended to apply to new construction.
(b)
Design guidelines.
[1]
New buildings should be sited and designed to provide a sensitive
transition to nearby, less-intensive zones. Projects on the CC40R
or subdistrict edges shall be developed in a manner that creates a
transition in perceived height, mass and scale between the anticipated
development potential of the adjacent zones.
[2]
Building mass should be broken up by incorporating different
facade treatments at intervals to give the impression of multiple,
small-scale buildings, in keeping with the established development
pattern.
[3]
New buildings should be designed to maximize the amount of sunshine
on adjacent sidewalks throughout the year.
[4]
Color/material schemes that are integral to architectural features and details should be used to help reduce apparent size and mass of buildings and provide visual interest. (See Subsection B(11), Architectural elements and materials for new buildings, for specific material design standards and guidelines.)
[5]
Additional setbacks, modulation and screening should be used
to reduce mass where there are abrupt changes which increase the relative
height above grade along the street or between subdistricts.
(6)
Streetscape compatibility: standards and guidelines. The following
standards and guidelines are intended to apply to new construction
and the rehabilitation of existing buildings.
(a)
Design standards.
[1]
Street trees shall be provided with tree grates (urban areas)
or in planter strips (suburban areas), using deciduous species to
provide summer shade and winter light. Street trees shall be a minimum
of two inches caliper and set 50 feet apart and no closer than 20
feet to an intersection. (See Chicopee Guide to Urban Trees and Planting
Details.)
[2]
Whenever possible, vehicle entrances to buildings and loading
areas shall be located at the rear.
(b)
Design guidelines.
[1]
Renovations to existing street storefronts should be designed
with horizontal or vertical elements in alignment with the setbacks
and facade elements of adjacent building fronts. Such elements may
include columns, windows, planters, benches, overhead weather protection,
cornices or other building features.
[2]
Renovations to existing sidewalks should be emphasized by using
mostly paving materials (urban areas) and/or mostly landscape materials
(suburban areas) that differentiate the setback area from the sidewalk.
[3]
For buildings that span a block and front on two streets, each
street frontage should receive individual and detailed site planning
and architectural design treatments to complement the established
streetscape character in scale, detail and mass but not necessarily
in the same style.
(7)
Human activity: design guidelines. A purpose of the CC40R is to promote
vibrant, pedestrian-friendly activities in the downtown. The following
guidelines are intended to apply to new construction and the rehabilitation
of existing buildings.
(a)
Design guidelines.
[1]
Sidewalk retail opportunities and connections are highly encouraged.
Whenever feasible, storefronts should open to the street and display
goods to the pedestrian.
[2]
In commercial areas, outdoor eating and drinking opportunities
should be provided on the sidewalk by allowing for the opening of
restaurant or cafe windows to the sidewalk and/or installing outdoor
seating while maintaining pedestrian flow (subject to approval by
the Chicopee Department of Public Works).
[3]
Large, clear glass windows and glazed doors are preferred along
the sidewalk to provide visual access into the retail or dining activities
that occur inside. Views into the interior spaces should not be blocked
with the backs of shelving units or with posters. Window displays
of goods at retail storefronts are an option. At these buildings,
glazing should be a minimum of 70% of the ground-level facade area.
[4]
Sidewalk/plaza art installations and kiosks are encouraged in
urban areas as long as pedestrian flow is maintained.
[5]
Structures should provide energy-efficient building lighting
at night that highlights window displays, facade features, signage
and outdoor eating areas. The following lighting applications are
recommended:
[a]
Recessed compact fluorescent or low-voltage lamps
at window displays.
[b]
HID (high definition) floodlights mounted level
with the top of commercial awnings for signage and architectural facade
features.
[c]
HID or compact fluorescent wall sconces for outdoor
eating areas.
[d]
Fluorescent light strip or compact fluorescent
wand for blade signs.
(8)
Residential open space: design standards and guidelines. The following
standards and guidelines are intended to apply to new construction
and the rehabilitation of existing buildings.
(b)
Design guidelines.
[1]
Residential development projects should incorporate open spaces,
with special focus on landscape treatments and courtyard entries.
[2]
New buildings should create courtyard-style open space that
is visually accessible to the public view.
[3]
Porous paving materials that minimize stormwater runoff should
be used wherever practical.
[4]
Stormwater catch basins should be installed that supplement
irrigation needs and reduce stormwater runoff.
[5]
Rooftop gardens are encouraged.
(9)
Parking and vehicle access: design standards and guidelines. Adequate
and convenient parking is important in the CC40R. The following standards
and guidelines are intended to apply to new construction and the rehabilitation
of existing buildings.
(b)
Design guidelines.
[1]
Building design should preserve and enhance the main frontage
pedestrian environment in residential and commercial areas by providing
for continuous sidewalks. Side streets should be minimally broken
within a block to provide vehicular access to parking.
[2]
Structured parking entrances should be located on side streets
or alleys.
[3]
Multipurpose parking areas paved with textured concrete (paver
style) or unit pavers are preferred (i.e., areas that serve both parking
and public open space needs).
(10)
Corner lots: design standards and guidelines. The following
standards and guidelines are intended to apply to new construction
and the rehabilitation of existing buildings.
(b)
Design guidelines.
[1]
Entries to residences at corner lots should incorporate landscaping
materials such as pavers at walkways and permanent/seasonal plantings
surrounding walkways.
[2]
Retail storefronts located at intersections should provide a
prominent corner entry. A storefront door(s) with clerestory and sidelights
is preferred.
(11)
Architectural elements and materials for new buildings: design
standards and guidelines.
(a)
Design standards.
[1]
New buildings shall use materials such as brick, cast stone,
architectural stone, terra cotta, and concrete that incorporate varied
texture and color. Brick masonry is the preferred main building material
due to its durability, although other materials that are compatible
with brick may be used. The exterior of single-family and two-family
houses may be constructed of wood, cement-fiber board or vinyl.
[2]
Vinyl awnings that are internally illuminated shall not be used.
[3]
Multiple awnings limited in dimension to the widths of openings
in walls shall be used. Continuous awnings across multiple openings
are prohibited.
[4]
Rooftop building systems (i.e., mechanical and electrical equipment,
antennas) shall be screened from all key observation points by integrating
them into the building design with parapets, screens or other methods.
[5]
Building entry treatments that protect people from the elements
shall be incorporated into design.
(b)
Design guidelines.
[1]
Base. Ground floors or bases immediately next to pedestrians
should reflect a higher level of detail refinement and high quality
materials. Encouraged are transparent, open facades for commercial
uses at sidewalk eye level (as an example, windows that cover 70%
to 80% of the ground floor facade area with their sills located approximately
24 to 30 inches above the sidewalk).
[2]
Middle. Mid-level building facade elements should be articulated
to provide visual interest in a bay-by-bay scale. Architectural features
may include: belt courses or horizontal bands to distinguish individual
floors; change in materials and color and/or texture that enhances
specific form elements or vertical elements of the building; a pattern
of windows; and/or bay windows to give scale to the structure. Detail
elements such as a cast stone, tile or brick patterns that complement
architectural features on existing buildings should be incorporated.
Spacing and width of bays should provide intervals in the facade that
create scale elements similar to surrounding buildings.
[3]
Top. Tops of buildings in the District General and District
Edge should be distinguished from the facade walls by including detail
elements consistent with the traditional neighborhood buildings such
as steep gables with overhangs, parapets and cornices. District General
and District Center buildings may, in addition, have towers, belfries,
cupolas and spires.
[4]
Architectural concept and consistency. Building design elements,
details and massing should create a well proportioned and unified
building form and exhibit an overall architectural concept. Buildings
should exhibit form and features identifying the functions within
the building.
[a]
Signage that is consistent with the existing or
intended character of the building and the neighborhood is preferred.
[b]
Solid canopies or shed-type fabric awnings over
the sidewalk are preferred.
[c]
Materials and design should be compatible with
the structures in the vicinity in order to reflect the surrounding
neighborhood character.
[d]
Distinctive features of the building, including
entries, signage, canopies, and areas of architectural detail and
interest should be illuminated at night. Pedestrian-scale pole lights
should be used along streets and sidewalks.
[5]
Human scale. The design of new buildings should incorporate
architectural features, elements and details to achieve appropriate
human scale.
[a]
Transom or clerestory windows should be used above
entrances, display windows; projected bay windows are encouraged.
[b]
Multiple paned windows that divide large areas
of glass into smaller parts are preferred.
[c]
Pedestrian orientation should be enhanced by using
components such as: nonreflective storefront windows and transoms;
pedestrian-scaled awnings; architectural details at the first floor
and the roofline.
[6]
Exterior finish materials. Building exteriors should be constructed
of durable and maintainable materials that are attractive even when
viewed up close. Materials that have texture, patterns or lend themselves
to a high quality of detailing are encouraged. Organic materials are
preferred versus synthetic materials.
[a]
Consider each building as a high-quality, long-term
addition to the area; exterior design and materials should exhibit
permanence and quality appropriate to the neighborhood.
[b]
Operable windows are preferred in all residential
units and houses.
[c]
Finish materials that are susceptible to staining,
fading or other discoloration are discouraged, except for metals that
develop a long-term patina such as copper.
[d]
The use of applied foam ornamentation and EIFS
(Exterior Insulation and Finish System) is discouraged, especially
at ground-level locations. Aluminum and vinyl siding is strongly discouraged.
If these are used, the trims should be a minimum of 3 1/2 inches
for head and jamb. Sills should be two inches.
(12)
Pedestrian environment: design standards and guidelines. The
CC40R is intended to provide opportunities for creating lively, pedestrian-oriented
open space. The following standards and guidelines are intended to
apply to new construction and the rehabilitation of existing buildings.
(a)
Design standards.
[1]
Access to the building's entry shall be provided as follows:
[a]
Entrances along the main building frontage shall
be visible from the sidewalk.
[b]
In commercial areas, signage located at the building front entrance shall identify the tenant and/or use. (See Subsection B(17), Signage.)
[c]
In commercial areas, entrances along the main building
frontage shall be glazed a minimum of 50%.
[d]
In commercial areas, entrance vestibules or air
locks shall not protrude beyond the front exterior of the building.
[2]
Sidewalks, paths and entry areas shall be lighted, and entry
areas shall be protected from the weather.
[3]
At single-family and two- or three-family sites, the front yard
shall have landscaping that incorporates concrete or paver walks,
ground cover plantings, shrubs and perennials.
[4]
Building entrances located at the main building frontage shall
emphasize pedestrian access as opposed to accommodating vehicles.
[5]
The number of residential entrances on commercial streets where
nonresidential uses are required shall be minimized. Where residential
entries and lobbies on commercial streets are unavoidable, minimize
their impact on retail frontage of the commercial streetscape by adhering
to the minimum dimensions required by the building code.[1]
[6]
Entries for residential uses shall be from the street (rather
than from the rear of the property) to add to the activity on the
street and allow for visual surveillance for personal safety. Accessory
dwellings located at the rear of the property may be accessed from
the side street or alley.
(b)
Design guidelines.
[1]
Open spaces should be created at street level that is connected
both visually and physically to the open space of the sidewalk.
[2]
Well-lighted, overhead weather protection is strongly encouraged
to improve pedestrian comfort and to promote a sense of security.
[3]
Overhead weather protection should be designed with consideration
of the overall architectural concept of the building, including:
[a]
Uses occurring within the building (such as entries
and retail spaces) or in the adjacent streetscape environment (such
as bus stops or occasional gathering spaces);
[b]
Minimizing gaps in coverage, except to accommodate
street trees;
[c]
A drainage system that keeps rainwater off the
street-level facade and sidewalk;
[d]
The relationship to architectural features and
elements on adjacent development, especially if abutting a building
of historic or noteworthy character;
[e]
The scale of the space defined by the height and
depth of the weather protection;
[f]
The illumination of undersides to increase security
after dark (excludes internally lit fabric awnings).
(13)
Blank walls: design standards and guidelines. The following
standards and guidelines are intended to apply to new construction
and the rehabilitation of existing buildings.
(b)
Design guidelines.
[1]
Long, undifferentiated surfaces, facades or frontages are strongly
discouraged.
[2]
Ground floor windows should be located and designed to maximize
transparency of commercial facades and attract pedestrian interest;
70% of the ground level front facade area should be glazed.
[3]
Large windows that open to facilitate indoor-outdoor interaction
with the street are encouraged.
[4]
Windows on walls perpendicular to the street are encouraged.
(14)
Screening of dumpsters, utilities and service areas: design
standards. The following standards are intended to apply to new construction
and the rehabilitation of existing buildings.
(a)
Design standards.
[1]
New developments shall locate service elements like trash dumpsters,
loading docks, mechanical equipment and utility meters away from the
street front.
[2]
When elements such as dumpsters, utility meters, mechanical
units and service areas cannot be located away from the street front,
they shall be screened from view and shall not be located in the pedestrian
right-of-way.
(15)
Lighting: design standards and guidelines. The following standards
and guidelines are intended to apply to new construction and the rehabilitation
of existing buildings.
(b)
Design guidelines.
[1]
Lighting in display windows is encouraged.
[2]
Architectural lighting to complement the architecture of the
structure is encouraged.
[3]
Architectural lighting to complement landscape features is encouraged.
[4]
Temporary, seasonal and/or holiday light fixtures are encouraged.
[5]
Light levels at commercial locations should meet or exceed the
minimum requirements defined by the Illuminating Engineering Society
of North America (IESNA). Light levels should be designed to the following:
(16)
Landscaping: design standards and guidelines. The following
standards and guidelines are intended to apply to new construction
and the rehabilitation of existing buildings.
(b)
Design guidelines.
[1]
A clear distinction should be made between pedestrian traffic
areas and commercial traffic areas through the use of different paving
materials, colors or landscaping.
[2]
Mature trees should be saved where feasible. Tree removal is subject to Chicopee City Code, Chapter 257, requirements.
[3]
Large shade tree species are encouraged where they do not interfere
with utilities and buildings.
[4]
Landscape buffers should incorporate trees, shrubs, and perennials
that are drought tolerant and require minimal irrigation and fertilizer.
Native species are preferred.
(17)
Signage: design standards and guidelines.
(a)
Design standards.
[1]
Signage shall be provided to identify nonresidential uses. Colors
should complement the colors of the building. Neon-colored surfaces
are not allowed. Signs shall not cover over architectural features
and trim elements. Company logos are encouraged.
[2]
Allowable storefront signage shall consist of a primary storefront
sign with letters no taller than three feet and located on a primary
storefront band that is a minimum of 12 feet above the sidewalk and
a maximum of 20 feet; awning signage that is integral to the awning
fabric; blade sign that is perpendicular to the storefront and whose
bottom edge is at least eight feet above the sidewalk; permanent storefront
glazing signage that does not cover more than 10% of the glazed area;
permanent glazed entry door signage that does not cover more than
10% of the glazed area of the door unit.
[3]
Blade signs may be illuminated with up to two integral light
fixtures.
[4]
Temporary signs (including seasonal displays), noncommercial flags and City-approved banner art installations shall be permitted in accordance with Chicopee City Code, § 275-50B (Temporary signs), dated 9-1-2009.
[5]
Violations.
(b)
Design guidelines.
[1]
Wayfinding signage, such as signs that give direction to parking,
should be located not more than seven feet above the sidewalk and
is encouraged to serve both pedestrians and drivers.
[2]
Illumination of signage for evening hours is encouraged.
[3]
Formed plastic, injection plastic and internally illuminated
signs are discouraged.
(18)
Open space: design guidelines.
(a)
Design guidelines.
[1]
Park: The landscape should consist of paths, trails, water bodies,
boat launches and open shelters, all naturalistically disposed.
[2]
Playground: open space equipped for children's recreation. The
playground should be fenced, except at parks or greens where there
is a minimum of 60 feet to the nearest road. There is no size preference.
[3]
Public green: an open space available for recreation purposes.
The green is defined spatially by trees and shrubs. The layout of
landscape features, including trees, paths, benches and shrubs, should
be naturalistically disposed and be a minimum of 1/2 acre in size.
[4]
Square: an open space available for recreation and municipal
purposes. A square is normally defined by building frontages. Landscape
features should consist of lawns, trees, shrubbery, fountains and
paved paths, all formally disposed and should be at least 1/2 acre
in size.
[5]
Plaza: an open space designed for municipal and commercial activities.
A plaza is defined spatially by building frontages. Its landscape
should consist primarily of pavement. Optional items include trees,
benches and fountains. The minimum size should be 1/3 acre.
[Added 1-24-2011 by Ord. No. 11-3]
A.
Purpose. The purpose of the Senior Housing Overlay Zone is to provide
residential alternatives for the aged.
B.
Applicability. The Senior Overlay Zone may be superimposed over any other district established in this chapter, subject to an approved zone change in accordance with the provisions of Chicopee City Code, § 275-14. Exercise of any use allowed in a Senior Housing Overlay Zone is subject to a special permit from the City Council in accordance with Chicopee City Code, §§ 275-9 through 275-13, and the additional submission requirements described in this section. All aspects of the project, including authorized uses, building occupancy, and intensity of use, shall remain in substantial conformance with the plans and other documents submitted to the City Council as part of the special permit proceeding, unless modification of the special permit is authorized, after public hearing, by the City Council. Uses in the underlying zoning may be exercised in accordance with the underlying zoning district regulations.
C.
Permitted uses: nursing homes, assisted living, and over 55 age-restricted
housing. These uses are allowed only in a Senior Overlay District.
D.
Designated districts. (List districts as adopted.)
E.
Process: This is a three-step process: establishment of the overlay
district; issuance of a special permit; site plan approval. The overlay
district application and special permit application should run concurrently.
The site plan review application may run concurrently. However, decisions
may only be issued sequentially in the order of the three steps listed
above.
(1)
Procedure for establishing an overlay district. An overlay zone is a type of zoning district. To establish an overlay district zone, apply for a zone change in accordance with Chicopee City Code, § 275-14. When previewing an application for a Senior Housing Overlay District, the City Council will consider the compatibility of the proposed use with surrounding uses.
(2)
Procedure for an overlay district project. An overlay district project
takes place within a designated overlay district zone, subject to
a special permit granted by the City Council.
(a)
Special permit application. The City Council's authority to review special permits is established in Chicopee City Code, § 275-9. Special permit applications under this section shall also include one original and 17 copies of:
[1]
Special permit application form.
[2]
Site plan.
[3]
Traffic and infrastructure impact report.
[4]
Preliminary stormwater report.
[5]
Copies of all proposed covenants, easements, and other restrictions
which the applicant proposes to grant to the City.
[6]
Other information that the City Council may reasonably require
to assist in determining whether the applicant's proposed development
plan meets the objectives of this section.
F.
Waivers. The City Council may waive:
(1)
The submission of technical information or documents where the applicant
demonstrates that, due to the simplicity of the proposal, such information
is not necessary or applicable.
(2)
Dimensional requirements upon written request of the applicant for
a development which, in the opinion of the City Council, serves to
preserve a unique natural area, historical building, or is determined
to be compatible with the neighborhood for which it is proposed.
G.
Lighting. All lighting fixtures shall be integrated into the architectural
style of the development. All exterior light sources shall be appropriately
shielded from off-premises viewing. Access road lighting shall be
designed to prevent nuisances to abutting properties by reason of
light and glare.
H.
Traffic. The developer must demonstrate that traffic generated by
the proposed use will not generate more traffic than the maximum buildout
for the underlying zone.
I.
Loading docks. Design for minimum exposure to units and abutting
residential property for noise control.
J.
Trash receptacles/dumpsters. Design for minimum exposure to units
and abutting residential property for odor and noise control.
K.
Screening. Dumpster pads, parking lots greater than six spaces, and
loading areas shall be screened from public view and view of residents:
minimum six-foot fence or evergreens six feet in height at time of
planting, set closely for a continuous screen.
L.
Landscaping. Plans shall be submitted as set forth in Chicopee City Code, § 275-6 (Site plan review).
M.
Signage: one sign at access drive and public street intersection; 30 square feet maximum at ground level. See also § 275-50 (Signs).
N.
Mechanical units. Locate to minimize disturbance to abutting or nearby
residential uses.
O.
Parking. See also § 275-40 (Off-street parking).
(1)
Nursing homes: One space per three beds and one space per four employees
on the largest shift, plus adequate parking for visitors and vehicles
associated with the facility.
(2)
Assisted living: one space per three units and one space per four
employees on the largest shift, plus adequate parking for visitors
and vehicles associated with the facility.
(3)
Over 55 age-restricted housing: one space per studio and one-bedroom
unit, two spaces per two bedrooms or more, and one space per four
employees on the largest shift, plus adequate parking for visitors
and vehicles associated with the facility.
P.
Open space. Open space shall be a contiguous area or multiple areas,
provided no area is less than 2,000 square feet. Open space areas
must contain landscaping and open areas for outdoor recreation. Land
between the property line and building setbacks cannot be counted
toward the total open space requirement for the project.
Q.
Dimensional requirements.
|
Nursing Home
|
Assisted Living
|
Over 55
| ||
|---|---|---|---|---|
|
Frontage
|
50 feet
|
50 feet
|
50 feet
| |
|
Area, minimum
|
1 acre
|
1 acre
|
1 acre
| |
|
Depth
|
200 feet
|
200 feet
|
200 feet
| |
|
Front, side and rear yard setbacks from property line for principle
and attached accessory buildings
|
25 feet
|
25 feet
|
25 feet
| |
|
Front, side and rear yard setbacks from property line for detached
accessory buildings
|
10 feet
|
10 feet
|
10 feet
| |
|
Front, side and rear yard setbacks from interior access drive
for principle buildings
|
25 feet, excepting loading docks and passenger pickup
|
25 feet, excepting loading docks and passenger pickup
|
25 feet, excepting loading docks and passenger pickup
| |
|
Parking lot (greater than 6 spaces) setbacks
|
25 feet from property side, rear and street lot lines
|
25 feet from property side, rear and street lot lines
|
25 feet from property side, rear and street lot lines
| |
|
Height, principle buildings and attached accessory buildings
|
40 feet
|
40 feet
|
40 feet
| |
|
Height, accessory buildings
|
20 feet detached
|
1 story
|
1 story
| |
|
Density, total buildout
|
No limit
|
No limit
|
No limit
| |
|
Density, units per building
|
No limit
|
No limit
|
No limit
| |
|
Open space
|
10% developed area of lot
|
10% developed area of lot
|
500 square feet per unit
| |
|
Principal building spacing
|
25 feet minimum between principle buildings
|
25 feet minimum between principle buildings
|
25 feet minimum between principle buildings
| |
|
Accessory building spacing
|
10 feet minimum between accessory and/or principle buildings
|
10 feet minimum between accessory and/or principle buildings
|
10 feet minimum between accessory and/or principle buildings
|
