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Zoning Ordinance III: Zon Amendments 1958-61 Sections 1-12Proposed List of Sections Section Definitions 2 Classes of Districts 3 General and Special Regulations 4 Residence and Rural Districts 5 Office, Commercial and Industrial Districts 6 Flood Plain District 7 Off- Street Parking and Loading 8 Removal of Top Soil, Sand and Gravel 9 Non- Conforming Buildings and Uses 10 Applications, Permits, and -Enforcement 11 Board of Appeals 12 Amendments,Validity �) Section i -Definitions For the purpose of this ordinance, certain terms or words shall be defined present tense include the future, the singular number includes the plural "person" includes a partnership, corporation, or other entity. The °word "Plot". The word "building" includes the word "structure ". as below. Words iii. fhe and vice- versa. The word ."lot" includes the word 1.1 Accessory Building: Any building which is subordinate to and whose use is incidental .and accessory to the. use of the principal building on the same lot or -an adjoining lot under the some ownership. A detached accessory building shall be one which is. not attached to the principal building by any covered porch, breezeway or other roofed structure. 1.2 Apartmen Hotel A building providing lodging for persons, with or without meals, and in- tended primari I y for the accommodation of patrons for periods of one month or longer. Rooms or suites of an apartment hotel may kitchen facilities. 1.3 Building Any structure having a roof and intended for the shelter, housing or enclosure of persons, animals, or materials. Any other structure more than eight feet high shall be considered as a building, including a solid fence or wall, but excluding an electric transmission line or an electric light, telephone or telegraph pole, highway or railroad bridge or flagpole. 1.4 Building Area: The ground area enclosed by the walls of a building together with the area of all covered porches and other roofed portions. 1.5 Building Coverage: The percentage which the aggregate area of all buildings on the lot ( g bears tote area of the lot. 1.6 Build Height: The vertical distance from the average finished grade within 10. feet of the walls of the building to the highest point of flat or mansard roofs including the top of a parapet or to the mean level between the eaves and ridge for gable, hip, or gambrel roofs. 1,7 Building Line: A line parallel to a street at a distance equal to -the required front yard or at a greater distance when otherwise legally established by the municipality or by private covenant. 1.8 Court: An open space, other than a yard, on the some lot with a building, which space is bounded on three sides or more by the walls of such building. 1.9 District: A district established by the provisions of Section 2 of this ordinance. 1.10 Dwelling: A building or part of a building which contains living and sleeping accommoda- tions for permanent occupancy. 1 Dwe lling, one famil : A detached building designated for or occupied solely as a dwelling by one famil � 9.12 . Dwellin two fam i: A detached building designated for or occupied solely as a dwelling, by two families living independently of each other.. 1.13 Dwelling., multiple: A dwelling or group of dwellings on one lot containing separate dwell- ing units or t ree.or more families, having separate or joint entrances, servic or facilities. 1.14 Dwelling, row: A building designated for or occupied by one family which is attached to one f or more similar dwellings in a row or group containing not less than three such buildings 1.15 Family: Any number of individuals related by blood, marriage or adoption, living together as -a single housekeeping unit, provided that a group of not more than seven persons keeping house together, but not necessarily related by blood or marriage may be considered d family. 1,16 Family Dwelling Unit: A dwelling or part of a dwelling occupied or intended to be occupied by one family for residential purposes.* 1.17 Hotel: A building providing lodging for persons with or without meals, and intended for the accommodation of transients and so designed that normal access and egress are controlled from a central point. 1 .18 Lot: A plot or parcel of land occupied or capable of being occupied by one principal build- ing and the accessory buildings or uses customarily incident to it, including such open spaces as are required by this ordinance. In the case of multiple dwellings and public, institutional, commercial or industrial buildings, a group of buildings under the same ownership may be considered as occupying the some lot. 1.19 Loth r: A lot at the intersection of and abutting on two or more streets where the angle of intersection is not more than 135 degrees or where the intersection is rounded by a curve having a radius of less than 100 feet. i `131.20 Lot, interior. A lot other than a corner lot or through lot. 1.21 Lot, thr ough: A lot other than a corner lot which abuts two or more streets which do not intersect at tie lot. 1.22 Lot line: The established division line between lots or between a lot and a street. 1.23 Lot line, front: All dividing lines between a street and the lot shall be considered front lines,; 1.24 Lot line, rear: -The line or lines bounding a lot at the rear and approximately parallel to and of t e maximum distance from the front lot line. 1.25 Lot line, side: The line or lines bounding a lot which extend from the street the rear in a direction approximately perpendicular to the street. in the case of corner lots, or through lots, all lines extending streets shall be considered side lot lines. 1.26 Lot, Minimum Width of: The distance between the side lot lines measured in a straight line at right angles tote mean direction of such side lot lines, which line of measurement shall .touch, but not be in front of the building line. in the case of a comer lot, the minimum width shall be similarly measured and, for the purpose of this measurement only, the front lot line which has the least dimension shall " - be considered the front lot line and the lot lines adjacent thereto shall be considered as side lot lines. 1.27 Motel: A building or group of buildings providing lodging for persons, intended primarily for the occom;;odation of transients,. having a private outside entrance for each room or suite of.rooms and for each of which. rooms or suites of rooms automobile- parking space is provided on the premises. 1.28 N - conforming User A use o f land, building, or premises which is not .a use permitted by � provisions of this ordinance for-the district in which such land, - building or premises are 'si.tuated, but which was legally existing at the effective date hereof., 1.29 Non - c onforming 9uildin 9 A building, the, use or construction of which does not conform to all the applicable provis ons of this ordinance, but which was legally existing at the effective date hereof. 1.30 Open Space A space, not occupied by a building or other roofed structure, on the same lot as the principal building. 1.31 Premises A lot as defined in this section. 1.32 Street: A public way, or a way opened to the public use, or other right -of -way approved e der t subdivision control law, but excluding an aliey.used for service access only. "Street" shall be deemed to include the entire width of the right -of -way. 1.33 Street line: The line dividing the street and the lot. 1.34 Tourist Cabin: A residential.structure with or without kitchen facilities, containing not more than two d rooms and primarily intended for the accommodation of transients. 1.35 Trai Coach: Any vehicle or object on wheels and having no motive power of its own, - !hut which is drawn by, or used in connection with, a motor vehicle, and which is so designed and .onstructed or added to by means of such accessories as to permit use and occupancy thereof for f n human habitation, whether resting on wheels, jacks, or other foundation, and shall include the type of vehicle known as a mobile home. 1.36 Trailer Camp: Any premises used or permitted to be used for the parking of more than one occupied trai ear coach. 1.37 Yard, Front: An open space between the building and the front' lot line, extending the full width of the ot, or in case of o'corner lot, extending along all streets. 1.38 Yard, Rear: An open space between the building and the rear lot line, extending the full width of the lot. 1.39 Yard, Side: An open space between the building. and a side lot line, extending from the front yard to iF a rear yard. Any yard not a rear yard or a front yard shall be deemed a side yard .. 1.40 Yard, Required Front, Rear, or Side: So much of the front, rear onside yard as is required by the app icab a provisions of this by-law. . 1.41 Yards, Depth or Width of: The depth of front and rear yards and the width of side yards shall be measured perpendicu arty to the respective lot lines. i� r�J Section 2 ClassQs of Districts Flood Plain District: FP Industrial :Park 2.2 Said districts are as shown, defined, and bounded on the.map in two sections . accompanying this Ordinance entitled, "Building Zone Map; City of..Northampton," dated and any revisions thereto; both sections bearing.-the signatures of the then - Mayor and City Clerk, and filed in the office * ' the.CityGlerk :, Said Map and all explano ory matter thereon are hereby declared to be a part of this Ordinance. 2.3 Zoning of Streets Zoning districts shall include the beds of lying within.ahem.: When opposite sides of a street lie indifferent districts, the boundary shall be deemed to be the center of the right -of -way, �1 2..1 Division into Districts For the purpose o"f this ordinance, - the City of Northdmpton is hereby divided into the tolloVring classes of districts: - ra) Districts: R -40 Single Family Residence Districts: RS -20 RS -15 RS -11 Multi- family Residence [districts: RM -20 RM -1l Institutional Districts: Inst. -11 Office D 0-6 Commercial Districts: CN -20 C.N -6 CB -20 CB -6 CR -20 Industrial Districts: L1 - LI -20 G 1 -20 Flood Plain District: FP Industrial :Park 2.2 Said districts are as shown, defined, and bounded on the.map in two sections . accompanying this Ordinance entitled, "Building Zone Map; City of..Northampton," dated and any revisions thereto; both sections bearing.-the signatures of the then - Mayor and City Clerk, and filed in the office * ' the.CityGlerk :, Said Map and all explano ory matter thereon are hereby declared to be a part of this Ordinance. 2.3 Zoning of Streets Zoning districts shall include the beds of lying within.ahem.: When opposite sides of a street lie indifferent districts, the boundary shall be deemed to be the center of the right -of -way, �1 2.4 Location of District Boundaries Where a district boundary is clearly shown on the Building Zone Map as follow a lot line, such boundary shall be deemed to coincide with the corresponding lot line as it appears on the Tax Map of the City of Northampton on the-date of the adoption of such zoning district boundary. Where a zoning district boundary is indi'6diled by measurement, such boundary shall be measured. perpendicA to the unless otherwise indiiated. 2,5 Lund. Wrier Water Each district shall include the land lying under any. lake,. pond. -or stream therein. 3 -21 -61 Section 3 -- General & Special Regulations 3.1 Compliance with Ordinance No land, building or premises, or part thereof, shall hereafter be used, and no building or part thereof, or other structure, shall be constructed,. reconstructed, extended, enlarged, moved, or altered except in conformity with this ordinance. No lot shall have an area, width or a front, side or rear yard, less than that set forth in the applicable paragraph hereof, except as otherwise specifically provided in this ordinance. No building or buildings shall occupy in the aggregate.a greater percentage of lot area, nor be greater in height, than as set forth in the applicable paragraph hereof, except as otherwise specifically provided in this ordinance. 3.2 Reduction of Lot Area or Dimensions No lot shall be diminished, nor shall any yard, court, or any other open space be reduced except in conformity with this ordinance. 3.3 Required Lot Width and Frontage No building shall be built on any lot unless such lot has the required lot width as defined in Paragraph 1.26 hereof except that in no case shall the lot frontage be less than. 50 feet-on the street line. 3.4 Lots Lying in More than One District In the case of lots lying in more than one district, the provisions of the less restrictive district may be applied for a distance of not over 30 feet into the more restrictive district, provided that such lot has frontage on a street in the less restrictive district.. 3.5 Open Space Required for Each Building Except as specifically provided herein, no part of any yard or other open space required in connection with any building may be included as part of a yard or other open space required . for any other building. 3.6 Projection into Open Spaces Nothing in this ordinance shall prohibit the projection of not more than one foot into a required open space of pilaster, columns, belt course, sills, cornices, or other similar architectural features, nor the planting or landscaping.of such open spaces except as- provided in paragraph 307 hereof. 3.7 Obstructions at Street Intersections No fence, wall, hedge, shrubbery, or.other obstruction to vision in excess of three feet in \._ height above the grade of. the street pavement, shall be.placed or allowed to:grow cat street intersections within the area formed by a. line joining points on each front lot line 20 feet from the intersection of the tangents of such streets, but this provision shall not apply in a. district where no front yard is required Northampton ± 348 Lots on Narrow Streets nting on streets less than 50 feet in width, the required front yard In the case of lots fro shall be increased by one -half the difference between 50 feet and the actual width a the street 3.9 L ats Adjacent to a 3 ailroad in fine case of that portion of a lot.in a commercial ova S ' ilbe d istrict red here con - fiiguous to . a railroad right -of -way, no side or rear ya 3.10 Dwellings for mo tha one Famil xceed one or each unit of The number of f units on any lot s hall n Dwelling Unit" land area appearing under the heading . Minimum Lot Area Per Fam in .the table applicable to the district in lwhich n is to be permitted For the lot, of determining the number of family dwelli area havi portion of the lot shall be included which b e s t i front ge on e rotree ge on a street and whose depth does not exce 3.11 I 3.12 Derssi cf. Reside Use In the case of buildings, other than dwellings, which pr vi dhail not excee savo human l habitation, the total number of a ccommodations o any slee ping rooms for each unit of land area appearing under t t wldi� "Mi ch such l is located. I Area per Family Unit" in the table applicable to the distr Use of Land for Access or Parking trict shall be used for access to or for parking l � � ©� �� hiblt .aceesa No l in any dis use not permitted in such dist rict, except that this provisio across a Commercial District to a use lying in an Industrial District. 3.13 Accessor 8uild'1095 Detached accessory buildings not more than 12 feet in height and c rear fo habitation or for the housing 0 a crd as Ties not less a than 70 feet from any street line, in so much of the required si y p rovided that they are not less than four feet from any side or rear l ot of li e area p t ided father- that they occupy in the agg regate not more than pe required rear yard. By agreement n the owners of sell li of use, height and area Registry of Deeds, accessory buildings, �!i #h the som other Re tr located in the required rear yard on the lot line provided that the party or Y walls. on the lot l ine are of masonry construction 3 .14 Height. Limitation The building height limit shall be applied separately ly for a h win or then n by Lion of the building, and maybe increased for y O Dist ricts, one foot for every two feet, or in CB and nside he nearest li line of any which such building or such portion thereof lies required front, side or rear yard. Spires, cupolas, towers, chimneys, flagpoles, pent- houses, ventilators, tanks, and similar features, occupying in the agora g be erected to ear. b, o, Minn nr P-n and not used for human occupancy, y 3 -21 -61 3.15 Existing Lots The applicable requirements of this ordinance pertaining to Minimum Lot Area and Minimum Lot Width shall not prevent the construction of a permitted building or the establishment of a permitted use on a lot which at the time of the adoption of this ordi- nance, or any pertinent amendment thereto, and continuously thereafter was owned separately from any adjoining lot, provided that if such lot is not served public water it shall contain not less than 10,000 square feet, and provided further that any reduction in required front, side or rear yards shall have been approved by the Board of Appeals. No dwelling for more than one family shall be constructed in any such lot unless the lot area per family is equivalent to the applicable requirement of this ordinance. 3.16 Required e Floor Area No single family dwelling shall be erected, moved, or structurally :altered unless the floor area devoted to living space is not less than. 720 square feet provided that any such dwell- ing having more than one story shall contain not less than 600 square feet of living space on the first floor. In the case of dwellings for more than one family, the floor area voted to living space in each family unit shall be not less than 200 square feet for the first room and an additional. 120 square feet for each additional living room or bedroom in such unit. Living space may include customary rooms, closets, halls, kitchens, pantries, and bathrooms, but shall be included only If it has a minimum head room of 7 "feet, Where located above the first floor, living space shall be included only if accessible by apex- \` manent stairway; Unfinished space above the first floor, designed for a use above -men- tioned and otherwise complying with the provisions of this paragraph, may be included as living space to the extent of one -third of the required area. Porches which are not fully enclosed and: heated, basement rooms whose floor is entirely below the grade level, garages and other accessory structures shall not be included as living space. 3.17 Floor Area Ratio The aggregate floor areo.of all stories of any building shall not exceed the amount ob- tained by multiplying the area of the lot by the floor area ratio set forth in the Table applicable to the District in which such lot is located; excepting from such aggregate floor area any basement, attic, penthouse or similar space used exclusively by heating, ventilating.or similar mechanical. equipment servicing the building. 3.18 Trailers and Trailer Camps 3.18.1 A trailer may be occupied for a period not to exceed 60 days in any 12 month period, or stored by its owner In the rear yard of a lot occupied by his permanent residence; but no trailer may be permanently occupied for sleeping, living, cook- _ ing, or for carrying on a business in any district in the City of Northampton. A. ( trailer may be used. fora residence on a lot for which a building permit for the construction of a residence has been granted; use of said trailer may be for one :year's period and may be extended by the Board of Appeals on proper application. 3.18 Trailer camps may be established in State Parks and State Reservations only as per- miffed by, and subject to, applicable rules.and regulations of State authorities, 3 -21 -61 3:18 *,3 'Use of land for a trailer camp in Rural 45 zone districts , may be permitted as a ~! sppecal exception by the Board of Appeals, subject to the. following minimum regciirements . 3.18.3.1 Sanitary facilities, including a permanent potable water...supp.l.y and adequate sewage disposal,. shall be: subject to the approval of . the Board of Health. 3 « 18,3.2 Proper provision shall be made for the disposal of surface and. storm water. 3.18.3.3 Parking space off the street shall be provided at the rate of two car spaces per trailer. 3.18.3.4 Interior roads and parking facilities shall have a proper all weather surface. 3.18.3.5 A trailer camp shall have a lot area containing not less than 4,000 square feet per trailer, and no trailer shall be nearer, than 25 feet to another trailer, building, or side lot line. 3.18.3.6 Each trailer site shall have a water and a sewer connection, properly located, and properly attached town occupied trailer. 3.18..31 A map showing the above data, and any other information required by the Rnnrd of Aopegls . shall be prepared by the applicant, and shall be filed as a part of the petition for the special exception 3.19 Temporary Permits for Carnivals, etc. Nothing in this ordinance shall prevent a church, school, civic association, volunteer fire department from holding a fair, carnival., circus, horse show, athletic meet or similar event on its own premises for a period. not exceeding seven days and the profits of which are for the sole benefit of such organization or its 'civic, religious or phi lanthropic, purposes. The Board of Appeals may issue a permit to any of the above named organizations located in the City of Northampton to hold an event as described and limited in the preceding sentence upon other premises than those of such organization. 3.20 Special Regulations for Subdivisions In the case of the subdivision of land in any Residence or Rural Districts, in accordance with a definitive plan and subject to the approval of the Planning Board, under the Subdivi- sign Control: Law, the minimum lot area and minimum lot width may be reduced by not more than 10 percent in a district in which lots are required to be not less than 20,000 square feet in area and by not more than 30 percent in a district in which lots are required to be not less than 40,000 square feet in area, provided` that either (a) the average area of all lots shown on such definitive plan is equal to the area otherwise required in the district in which . the lots are located-or (b). there is dedicated for use for park or playground purposes an area equivalent to the difference between the aggregate area required for all lots in the subdivision as set forth in the applicable table in Subsection 4.2 and the actual area of ph all such lots if reduced in area in gccordancevith the provisions of this paragra. Section 4 Northampton Residence and Rura Districts 4.1 Uses Permitted in Residence and Rural Districts In any Residence or Rural District no land, building or premises shall be used, except for a use which is indicated by check mark in the column below applicable to the type of district. in which such land, building or premises are located Any use which is indicated by asterisk in the table below shall be permitted only when specifically approved by the Board of Appeals after a public hearing and subject to such conditions as said Board may establish, provided that said Board shall have found that the proposed use will have no detrimental effect - on present and future dwellings in the vicinity, that the proposed site planning and landscaping are in harmony with the character of the neighborhood, that no conditions will be created which adversely affect traffic safety or the normal movement of traffic and that the proposed project will meet other requirements of this ordinance. l_) l ~ j 4,1.1 Table' Showing Uses Permitted in Residence ai-A Rural Districts District R S_ PM Residential Us I 1 . One family dwelling ✓ '.' �� 2, Two family dwelling 3,. Multiple dwelling J 4. Row dwelling 5. Apartment Hotel 6. Conversion of existing dwelling v� 7. Home professional office ✓ ` ✓ 8. Home business office ✓ 9. Home occupation �` ✓ 10. Letting of roans, board ✓ ✓ 11, Residential accessory uses ! ✓ ✓ Agricultural Uses 1. Gardening 2. Poultry, limited quantity 3, Livestock or poultry 4. Forestry 5. Farm Stand 6. Agricultural accessory uses Public & institutionai Uses 1 . Schools and colleges 2. Churches and religious uses 3. Clubs, lodges, community houses 4. Libraries, museums, auditoriums 5. Hospitals, sanitariums, homes, non - profit 6. San i tariums, homes, privately operated 7• Fire houses, police stations 8. Municipal office buildings, court houses 9. Public Utility buildings 10, Public parks and playgrounds 11. Cemeteries Rural Uses 1. Commercial golf courses 2. Commercial greenhouses 3. Commercial kennels & Veterinary hospitals 4. Livery, riding & boarding stables ✓ ✓ J 1 I 2 i t i I✓ ✓ {J I✓ ✓ Northampi•on RU ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ J ✓ ✓ ✓ ✓ ✓ ✓ ✓ ✓ J J ✓ ✓ J ✓ ✓ ✓ ✓ ✓ ✓ ✓ Northampton ^� 4.1 .2 Definitions of -ted Uses Uses indicated in the al;ove table are more specifically defined as follows: Residential Uses 1. One family dwelling: A detached building designated for or occupied solely as a dwelling, by one family. 2. Two family dwelling: A detached building designated for or occupied solely as a dwelling, by two families living independently of each other. 3. Multiple dwelling: A dwelling or group of dwellings on one lot containing separate dwelling units for three or more families, having separate or joint entrances, services, or facilities. 4. Row dwelling: A building designated for or occupied by one family which is attached to one or more similar dwellings in a row or group containing not less than three such buildings. 5. Apartment Hotel: A building providing lodging for persons, with or without meals, and intended primarily for the accommodation of patrons for periods of one month or longer. Rooms or suites of an apartment,hotel may contain kitchen facilities, 6. Conversion of an existing dwelling, the construction of which was substantially completed not less than 20 years prior to such conversion, to contain more than one family dwelling unit, provided that the lot area conforms to applicable require - ments hereof for minimum lot area per family dwelling unit. 7. Home professional office The personal office or studio of a, physician, dentist, artist, musician, lawyer, teacher, architect, engineer or other like professional person who is residing in the same building, employing not more than two persons not resident on the premises. 8. Home business office: The personal office of a real estate broker, insurance agent; sales representative or person engaged in a similar occupation, who is resident in the some building, employing not more than two persons not resident on the premises, 9. Ho me occupation: A customary incidental home occupation such as dressmaking, millinery, preparation of food products, watch repairing, radio or television repairing, beauty parlor or similar service occupation carried on within a dwelling by a resident of the premises and employing not more than two persons not resident on the premises, provided that such use is secondary to the use of the dwelling for residential purposes and does not change the residential character thereof, but excluding the sale of food or beverages for consumption on the premises except in the furnishing of board as permitted herein. -- 10. Letting of rooms, board: The. letting of rooms or furnishing of board in a dwelling. by the occupant thereof to not more than 4 persons in addition to the family of such occupant. 3 -21 -61 �( 14.1 .2 continued itals, sanitariums, homes and similar. philanthropic institutions, operated by a 5. Has governmenta unit or non - profit corporation. 6. Private! operated Sanitariums, convalescent homes or homes for children or for the aged. 7. Fire Houses and police sta 8. Municipal office buildings, court houses and similar governmental buildings. q, Public Utility Bui ldings, including telephone exchanges, electric r r passenger transformer stations, water or sewer pumping stations, bus or rap! a rovided that the'Board station with no service yard or outside storage of supp p of Appeals shall find that the architecture and landscaping is'in harmony with the character of the neighborhood. 10. Public Parks and layg rounds or public recreational areas operated by a govern - mental unit or non- profit co li. Cemeteries operated by a church corporation.or cemetery association located in City of Northampton. (o 4,2 Requ ired Lot Area, Width, Yards, Coverage, H eight No lot shall have an area, width or front side or rear yard less than set forth 'n he.t6lowofg table. In cases where dwellings for more than one family are permitted by the p rovisi o ns this ordinance the number of family dwelling units on heading h entitled� " g in the following table under th e Lot Area unit of area appearing per Family Unit ", as applicable to the district in whi area l is in height he building amounts buildings shall occupy a greater percenfiage of the set forth below Minimum .Minimum Minimum Minimum Maximum Lot Lot Area per Front Side Yards Rear Building Maximum District Area Width Family Unit Yard Each Yard Coverage Height ft: ft. t. °lo ft sgJF ft. sq.ft. IRU -40 40,000 150 40,000 40 30 30 15 30 20 30 RS -20 20,000 100 20,000 40 i0 30 20 3 RS - 15 15,000 85 15,000 30 RS - 11 11,250 75 11r250 20 12 30 25 3Q 40 20 30 25 30 M 20, 000' 100 5 r 00.0 20 1 2 3fl 25 30 0 .!RM -11 11,250 75 3,750 \ ;lust { 11, 250 75 3,.750 20 12 30 3.3. -i /3 30. t;; 4,1 ,2 continued Northcmpton incidental to a permitted use 11 ; Residential Acce >sory Uses: Accessory uses customarily on the same lot. Accessory buildings shad not be used for dwelling purposes except by employees or non- paying guests of the occupant of the pr.—mises. Accessory use . may include a private garage for not more than exceeds 7000 gar vehicles feet additional moor vehicle. for each 3,000 square feet by w hich the lot ee es Not more than one commercial motor vehicle shall be garaged or parked on any lot in a residence or rural district except on a farm . Agricultural Uses l . Gar erring truck gardening, nursery gardening and the raising of crops, including greenhouses incidental thereto, but excluding the keeping of livestock or poultry. 2.' Poultry, limited quantity: The keeping of poultry within a building or fenced en- closure, but not more than 12 birds for each 5,000 square feet of lot area . 3. Livestock or Poultry The keeping of livestock or poultry on lots of not less than 3 acres in area, provided that any ,iew building used therefor shall be located not less than 50 feet from any street line and 100 feet from any other property line. . This paragraph shall not permit the commercial raising of fur - bearing animals other than rabbits nor the keeping commercially of garbage .fed swine . 4. Forestry: forestry, including the cutting, rough sawing and storage of timber, pro- vided that no saw mill may be located on any lot containing less than 5.acres nor within 150 feet from any highway nor within 500 feet from any residence except a residence on the same premises. 5. Farm Stand: A roofed structure not exceeding 400 square feet in area located on a farm of not less than three acres and used as a stand for the sale of produce and plants the major portion of which is raised in the City of Northampton, which stand shall be not less than 20 feet from the street line.and not nearer to the side lot line than the width of the required side yard. 6. Agriculture, accessory uses: Permitted uses may include the maintenance, repair, manufacture and storage of equipment, implements, machinery and vehicles used in connection with an agricultural or forestry operation permitted hereunder, on the same premises. Public & Institutional Uses 1 . Schools and colleges operated by a governmental unit or non - profit corporation, • inc uding dormitories, dining halls, athletic fields and similar auxiliary facilities, private nursery schools . 2. Churches, parish houses,.church community houses, convents and similar religious buildings. 3. Clubs lodges and community houses, except those of which a chief activity is a gainful service or activity carried on as . a business. 4. Libraries, museums and auditoriums operated by a governmenta l. unit or non - profit corporation . i` y; 4. l .2 continued Northamis on `�' ` p y 5. I-{cspitals, sanitariums, homes and similar philanthropic inst�t:�::ons, operated b a governmental unit or non profit corporation.. 6.'.:. Private) operated Sanitariums convalescent home homes for children or for the aged . .7. Fire`i ousel and p olice stations 3. Z buildin s court houses similar governmental buil.dings. 9, Public Utility ildings, including to phone exchanges, electric transformer stations, water or sewer p ping stations, b or railway waiting room or passenger station with no service yar or outside st age of supplies, provided that the Board of Appeals shall find tha he archi ecture and landscaping is in harmony.with the character of the neighbo hkood 10. Public Parks and playground ` ot�ubl is recreational areas operated by a governmental unit or non - profit corpora t n. \ 11 . Cemeteries o erated by church corpora' n or cemetery association located in the P C of — Northampton . - U 4.2 Required Lot Area, Width/ Y Coverage, Height No lohave an or a, width or front side or rear yard les than set forth in the dwellings for more than one fami� are p by the folloble. In ca es where provi this once the number of family dwelling units on '�y lot shall not following table und�r,theheading exceefor each nit of area appearing in the t n which L tArea per Family Unit ", - as applicable to the distric i entitlinimum such ocated. No building or buildings shall occupy a greater percentage of the lot ar excee in height the amounts set forth below. �.., M Min mum Minimum Minimum Maximum Front Side Yards Rear Building Maximum District of Area per . idth Family Unit Yard Each Yard Co verage Height `�...�- sq,ft, ft. sq.ft. ft ft, ft. 150 40,000 40 30 .30 15 30 ..RS -40 i RS -20 40,000 RS 20,000 3 0 100 20,000 40 �0 30 -1 ! 20 1],250 1 75 . 11,250 20 20 10 30 25 30 RS -6 6,000 60 6,000 RM -20 20,000 100 5 40 20 30_ 25 30 RM -11. 11,250 75 3 20 . _..._... 1 _2_ .. 30 25 30 RM -6 6,000 . .. ............ ]0 30 25 60 2 500 ... . 30 M1 Northampton Section 5 Office Commercial and Industrial Districts 5.1 Uses Permitted in offi Commercial and Industrial Districts I . n any office, Commercial or Industrial Di no land, building or promises shall "be used, except fora use -which is indicated by check mark in the column below applicable to the type of district in w hi c h suck land, building or premises are located X" Northampton 5 1.1 Table Showing Uses Permitted in Office Commercial and lndustr Districts }Office '. CN C C R . LI . iGl Park l District o , Commercial Kennels & Veterinary hospitals{. Residential Uses j ✓ Residential Uses 1 to 1 l i:nci ✓ ' JJ 3 12. Dwelling for caretaker: or proprietor only Office Uses 1 . Professional and business offices ! ✓ ✓ Agricultural Uses j ! ✓ I ✓ 1 1. Gardening Agricultural Uses 2 to 6 incl . ( 2. 3. j + ` ✓✓ Public & institutional Uses ) Public & Institutional Uses 1 to 4 incl , I ✓ � ✓ 1 ✓ { l 1. V J and 7 to 10 incl.) 4. } Rural Uses f ✓ ; J'J 1. Commercial Golf Courses 2 C mmerciai Green Houses i 1 J J 3. o , Commercial Kennels & Veterinary hospitals{. I i ✓ N/ Office Uses 1 . Professional and business offices ! ✓ ✓ V `� ? '� J ✓ i i ✓ �J 2. 3. Financial institutions Secretarial and business schools operated ✓ ✓ I ✓ J t ✓ 4. for profit s Vocational and trade schools, operated j 1 ✓ ✓ ✓ 5. for Profi Undertakers' establishments y ✓ ✓ ✓ ✓ J I./ ✓ ✓ ✓ 6. 7. Radio and television studios Commercial studios for dance, musical '. i ✓ ✓ or theatrical instruction and physical ✓ ✓ j `� culture Limited Commercial Uses 1 Hotels & Motels I J ' ✓ ; . ✓ ✓ . ✓ ✓ 2. 3, Restaurants Retail package liquor stores I 4. Basic neighborhood stores j ✓ J 5. Basic neighborhood services ! I J J J J J J J J J J J J 5.1 .1 continued Central Commercial Uses 1 . Retail Stores not previously listed 2. Department stores 3. Sales & service of business equipment 4.. Newspaper establishment and job printing 5. Blueprint and similar reproduction services 6. Wholesale offices and 'showrooms with storage limited to samples only 7. Indoor theaters 8. Convention or exhibition hall 9. Public parking areas Northampton l O RCN CB r CR 11 GI I.- /auto service station � 2. Public garage, auto repairs except body work C� 3. Auto, farm equipment and boat salesrooms I and outdoor sales areas { 1 4. Storage, sale and repair of heavy 11 contractor's equipment 5. Outdoor theaters 6. Bowling alleys, skating rinks and �✓ ! ✓ � i idustr . Park 1✓ ✓ :I ✓ i I 1V IV i ✓ } t !1 f J I✓ ✓ IJ J ✓ I✓ ✓ s✓ ✓ 'J V ✓ I Roadside Commercial Uses I.- /auto service station � 2. Public garage, auto repairs except body work C� 3. Auto, farm equipment and boat salesrooms i and outdoor sales areas { 4. Storage, sale and repair of heavy 11 contractor's equipment 5. Outdoor theaters 6. Bowling alleys, skating rinks and similar places of amusement 7. Golf driving ranges, commercial swimming pools, commercial picnic areas 8. Fairgrounds, rake tracks 9. Trailer camps 10. Wholesale distribution Wholesale and Heavy Business Uses 1 : Storage warehouses 2. Cold storage and ice manufacture 3. Trucking terminals { 4. Service buildings and yards of public utility corporations 5. Lumber and building materials storage & sales 6. Wholesale. produce and meat markets and distrib tic 7. Monument and stone cutting works } 8. Auto'body repairs, welding, tire recapping .i idustr . Park 1✓ ✓ :I ✓ i I 1V IV i ✓ } t !1 f J I✓ ✓ IJ J ✓ I✓ ✓ s✓ ✓ 'J V ✓ I 5. 1.1 continued Limited Industrial Uses 1 . Research laboratories 2. M of optical goods, precision instruments., surgical and dental instruments m usical instruments, clocks, watches, si lverware. 3. Manufacture, compounding, atc. See 5.1 .2 ebi ing, etc . So* 5.1 .2 4. Ass m Carp woodworking an upholstery 5. Carpe shops 6. Fabrication and installation of glass .7. Laundry,* cleaning and dyeing establishments 8. Metal finishing, plating, polishing and rust proofing 9. Stamping and extrusion of articles made from sheet metal, fabrication of sheet metal, machining of small parts handled by hand 10. Printing, photoengraving, bookbinding 11. Manufacture of electrical and electronic equipment, electric wire and cable 12. Tool and die making, including incidenta casting. 13. Manufacture of ceramic products such as porcelain and pottery 14. Manufacture of - toys and sporting goods boats and canoes General Industrial Uses I ' Brewery, distillery of beverages 2. Textile spinning, weaving, manufacturing, dyeing, printing, processing, knitting 3. Machine and blacksmith shops, steel and other metal fabrication, manufacture of heavy machinery 4. Manufacture of pulp, paper, paperboard, wall board and similar products 5. Manufacture of felt and felt products 6. Smelting and refining of precious metals 7.. Manufacture of household and industrial chemicals 8. Rog and bag cleaning 9. Petroleum storage in underground tanks or in tanks above ground notexceeding �, �� 10,000 gallons capacity t1orthampton , Industri. CN 'CB ICR 1LI GI : Park 4- V V ✓ ✓ ✓ IJ ✓ fi i� 5. 1 continued I tHeavL Use, I ia' rol 1. Foundry a nd rot ing mill 2. Manufacture of bricks, tile, terra cotta and cement products 3. Bulk storage of cement, concrete mixing plants and storage of 4. Manufacture" treatment a a sphalt products 5. Manufacture of paints, varnishes, lacquers, s ynthetics and plastics. 6. Storage and distribution of petroleum products with the approval of the Board of Appeals, o f sa measures 7. Auto wrecking and junk yard.storage and processing of scrap metals and waste paper. 8. Railroad yards 5.1 .2 Definitions of Permitted Uses 1. Research laboratory: a building devoted . to technical research and experimentation, but excluding the manufacture of articles for sale. 3. Manufacturing, Compounding, processing, packaging, treatment shall include the erfumes folio articles: beverages, candy, cosmetics, dairy products, drugs, p,. pharmaceuticals, toilet supplies, food products' excluding fish, meat, sauerkraut, vinegar and the refining and r en of fats and oils. 4. Assembling and . treatment of articles from the f previously prepared materials: bonece . cphane, canvas, cork, feathers, felt, fiber, fur, glass, hair, horn, leather, paper, pl precious metals or stones, shell, textiles, wood, yarns. Northampton 5.2 Re wired Lot Area, Wi dth, Yards Coverage, Height t Floor Area Rat io No lot shall have an area, width or front side or rear yard less than set forth in the following table. In cases where dwellings for more than one f are permitted by the provisions of this ordinance the number of f dwelling units on any lot shall not exceed one for each unit of area appearing in the following table under the heading entitled "Minimum Lot Area per Family Unit", as a pplicable to the district in whi l i located. No building or buildings s h a ll occ upy a greater percentage. of the lot area nor exceed in height the amounts set forth below. The total area of all. do ! in. the building or buildings shall not exceed the area of the lot multiplied by the Floor Area Ratio. Minimum Minimum Minimum Lot Slide Floor Lot Lot Area per Family Front Rear Yards Cover- Area ' District Area Width Dwelling Unit Yard Yard Each age Heigh Ratio sq.?to ft sq.ft. ft. f . f f t. % f t. Office Districts .0-6 6,000. 50 2, 000 10 30 . 6 33-1/2 40 1.00 Commercial Districts 15,000 40 30 20 25 30 0.75 CN-20 20,000 100 1.0. 30 33-1/3 40 1.00 CN-6 6,000 50 2,000 CB-20 20,000 100 No resi- 10 30 6 33-1/3 50 1.00 ntial 0 0 o 100 50 2.00 50 de CB� 6 61000 use 40 30 -'20 - 25 30 0.50 CR-20 20,000 100 Industrial D-istritts, - 30 0.75 Z_ No resi - 40 30 30 25 . LI-40 — 4 000 150 - 50 1.00 GI-20 20,000 80 dential 20 30 12 33 LI-20 20,000 100 use 20 30 12 3 3 40 1.00 Northampton Section 6 Flood Plain Districts 6.1 Uses Permitted in Flood Plain Districts 6.1 .1 Parks, playgrounds, forests, wildlife sanctuaries, boat landings, open reservations, flood reservoirs and similar conservation or flood control activities carried on by a governmental unit or governmental agency or by a non - profit corporation. 6.1 .2 Farming, truck gardening, nursery gardening or forestry 6.1 .3 Private boat landing A 6.1.4 Build' r s and stru urresUn connection with the above uses, with the approval of the ` ~ ads, provided that such Board shall have found that such proposed building is so located and constructed as to cause no hazard from flooding. 6.2 Uses prohibited No use not specifically listed in Paragraph 6.1 shall be permitted in any Flood Plain District. No land in any such district -hall be filled or paved, nor shall any natural grades S han ed r�nafier course altered or obstructed except with the approval of the s, which Board shall have found that any such proposed operation will not cause any hazard from Flooding, will'not adversely affect drainage or ground water level nor be detrimental to public health, safety and welfare. Section 8 No4atn'pfon 6 -9- Removal of Top Soil Sand and Gravel 8:1 Removal Restricted Unless otherwise provided in this section, there shall be no removal from any lot ih any district 6 top soil, earth, sand, gravel, clay, or stone in a quantity 6re'44 than 10 cubic yards in any one year. 84 Removal of Sand, Gravel, Clay, Top Soil, Earth, Stone The planning Board, after public hearing, may permit the removal of top soil, earth, sand, gravel, clay or stone in any district under the following conditions: 8.2.1 The applicant shall submit a plan showing existing grades in the area from which the above material is to be removed, together with finished grades at conclusion of the operation. If the removal is of top soil only, such plan need show only the area from which removal is to take place. 8.2.2 The plan shall provide for proper drainage of the area of the operation during and after completion and no bank shall exceed a slope of one foot of vertical rise in two feet of horizontal distance except in ledge rock," No removal shall take place within 20 feet of a property line except that where the grade, from a property line rises towards the lot where removal is to take place, material lying above the grade at the property line may be removed. 8.2.3 At the conclusion of the operation or of any substantial portion thereof, the whole area where removal "takes place shall be covered with not less than four inches of top soil and seeded with a suitable cover crop, except where ledge rock is exposed. Where the removal is of top soil only, at least 4.inches of top soil shall remain and the area seeded with a suitable cover crop. 8.2.4 Before a permit is granted under this section the applicant shall post with the Treasurer of the City of Northampton, a surety bond signed by a surety company authorized to do business in the Commonwealth of Massachusetts, in an amount approved by the Planning Board 'as sufficient to guarantee conformity with the provisions of the permit issued hereunder. 8.2.5 Any permit issued hereunder shall be valid for a period to be determined by the Planning Board, but not exceeding one year, and may be renewed under the some conditions as an original application. Section 9 -- Non- Conforming Buildings and Uses 9.1 Continuance of Non- Confofm;hg. Uses 9.2 Any non - conforming use of buildings or premises lawfully existing at the effective date of this ordinance or of any pertinent amendment thereto, may be continued, and any building so existing which was designed, arranged, intended for, or devoted to 'a non - confo.rming use may be reconstructed; structurally altered, and the non - .conforming use therein changed, all subject to the following regulations. 9.1.1 No non - conforming use may be changed except to a conforming use, or, with the approval o.f the Board of Appeals, a non - conforming use may be changed to another non - conforming use no more objectionable in character. . 9.1.2 No non - conforming use shall, if once changed into a conforming use, be changed back again into a non- conforming use. 9.1.3 No non- conforming use shall be extended or expanded. 9.1.4 No non - conforming use which has been abandoned for a period of one year shall. be thereafter resumed. Change of Plans Nothing in this section shall require any change in the plans, construction or designated use of a building, a permit for the construction of which shall have been granted prior to the effective date of this ordinance, or any pertinent amendment thereto. 9.3' Enlargement of Non - Conforming Building 9.4 H ii '1 i No building which does not coriform'to the requirements of this ordinance regarding building height limit, area and width of lot,:pircerito'ge of lot coverage, and required yards and parking facilities shall be enlarged unless such enlarged portion conforms to the of this ordinance regarding the foregoing building and lot requirements applying to the district in which it is located and unless the use is governed by Paragraph 9.1. Reconstruction after Damage Nothing in this ordinance shall prevent the reconstruction within one year of a building damaged by fire, accident, the act of God, or of the public enemy to -its condition prior to such damage.or prevent the. restoration of a wall or structural member. i1 - Northampton Zoning November 7, 1958 Section 11 Cuff- Street Parking and Loading Regulations 1 1 .1 Parking Facilities Required Parking facilities.off the street or highway right -of -way shall be provided to serve all buildings erected, moved, or'enlarged, and all premises otherwise developed after the adoption of this ordinance. Such facilities shall be sufficient to accommodate the motor vehicles of all occupants, employees, customers, and other persons normally visiting such building or premises at any one time. . 11.2 Exemptions Parking and truck loading regulations as provided in this section shall not apply to CB Districts as defined on the Building Zone Map. 11 .3 Location of Required Parking Facilities Required parking facilities shall be located on the some lot as the building or other use which they serve, except that upon the approval of the Board of Appeals required park- ing facilities may be located not more than 200 feet from such building or use, measured in a straight line to the nearest space for vehicular parking. 11.4 Required Minimum Area Unless otherwise specifically approved.by the Board of Appeals, required parking facilities shall contain:not less than the minimum areas set forth below., exclusive.of driveways and ramps necessary for access. Rooftop or indoor parking may be included. in the required area. For single family dwellings, the driveway may be included in required area. 11.4.1 I For dwellings 250 sq.ft. for each family unit 11 .4.2 For offices and for permitted home occupations., an area equal to one and one half times the floor area used for such purpose . 11 .4.3 For financial institutions, retail stores, personal service shops and similar - business buildings, an area equal to three times the floor area used for business, excluding storage 11 .4.4 For theaters, assembly halls, or stadiums, 250 sq. ft.. for every three seats. 11 .4.5 For restaurants, an area equal to 250 sq . ft. -for every three. seats . 11.4.6 For places of public assembly or public recreation not otherwise listed, -250 sq.ft. for every three legal occupants. Northampton zoning November 7, 1958 11.4.7 For motels and for hotels catering to transients, 250 sq. ft. for each guest room. For other hotels, lodging or boarding houses, hospitals and sanatoriums; 250 sq.ft. for every three guest or patient accommodations. 11.4.8 For funeral homes, an area equal to three. times the total floor space, exclusive of . storage 11 .4.9 For Industrial plants, wholesale establishments, and similar buildings, 250 sq.ft. for every three persons normally employed. 11 .5 Truck Loading Space In the case of�hotels, retail, wholesale, and industrial buildings, space shall be provided for loading and unloading of trucks at the rate of one space not less than 400 sq.ft.. in area for each 15,000 sq. ft. of floor area or fraction thereof less than 30,000 sq.ft. and 400`sq.ft. for each 30,000 sq.ft. floor area or fraction thereof in excess of 30,000 sq . ft 11.6 Surfacing 11 .6 - .1 Required minimum parking and truck loading facilities shall have adequate all- weather surfacing capable of allowing fee and safe movement of all vehicles customarily using the facility. 11 .6.2 AI! parking spaces where adjacent to a street shall have a concrete safety curb not less than 8 inches high, except at points of access. r S Section 12 Northampton Zoning November 7, 1958 Removal of Top Soil, Sand, and Gravel 12.1. Removal Restricted Unless otherwise provided in this section, there shall be no removal from the premises in any district of earth, sand, gravel, clay, or quarry stone, except as surplus material. resulting from a bona fide construction, landscape, or agricultural operation being executed on the premises, and provided that no permanent damage is done to the ru landscape . t .yq 12.2 Removal of Top Soil ' The Boar o pp may Board f Appeals permit in district for the removal of top soi I or y g rant a p an y loam from any area, provided that no less than four inches of top soil or loam remains and provided further that the entire area disturbed is seeded with a suitable cover crop } or is put to cultivation. 12.3 Removal of Sand, Gravel,C lay The Board of Appeals, after public hearing, may permit the removal of sand, gravel, clay in any district under the following conditions: 12.3.1 The applicant shall submit a plan showing existing grades in the area from which the above material is to be. removed, together with finished grades at conclusion of the operation. 12.3.2 The plan shall provide for proper drainage . of the area of the operation during and after completion and no bank shall exceed a slope of one foot of vertical rise in one and one -half feet of horizontal distance except in ledge rock. No removal shall take place within 20 feet of a property line except #hat where the grade from a property line rises towards the lot where removal is to .take place, material lying above the grade at the property line may be removed. 12.3.3 At the conclusion of the operation or of any substantial portion thereof, the whole area where removal takes place shall be covered with not Iess than four inches of top soil and seeded with a suitable cover crop, except where ledge rock is exposed. 12.3 Before: a permit is.granted under this soctlon the applicant shall post a bond with th-' TrQosurer of the C ity of Northampton in on amount approved by the Board of Appoals as sufficient to.guarankee conformity with the provisions of .the permit.issued hereunder. I • Y FA Northampton Zoning Novamber 10, . 1958 Section 14 Enforcement Applications, Certificate of Occupancy, Penalties 14.1 Enforcement This ordinance shall be enforced by the Buildinq Inspector. He shall issue no permit for the erection or alteration of any building, or pan thereof, the plans, specifications, and intended use of which are not in all respects in conformity with the provisions of this ordinance . No municipal officer or board shall grant any permit or license for the use of any building, structure, or land which use would be in. violation of any provisions of this ordinance. The granting of a license or permit does not authorize the conducting upon the premises. of a business described in that license or permit in violation of the Zoning Ordinance. With each application for a permit to build, there shall be filed with the Building Inspector a plan showing the lot, its area, and the location of the building. The application for a building permit shall be submitted to the Building In- spector in duplicate, and the Building Inspector shall retain one copy and submit one copy to the Board of Assessors. The Building Inspector shall institute appropriate legal pro- ceedings to enforce this ordinance and to restrain by injunction any violations thereof. 14.1 .1 On written request by the Building Inspector to the City Solicitor, the Building %0 Inspector shall have available the services of the City Solicitor in instituting said appropriate legal proceedings. If the Building Inspector shall refuse or fail to so request, the City Council may require him to do so. 14.1 .2 Delay by the Building Inspector in instituting said proceedings shall not be imputed to the city of Northampton. 14.2 Certification of Occupancy No premise or building, or part thereof, hereinafter erected or altered, wholly or partly, in use or structure shall be used nor shall the open spaces on said premises be in any way reduced until the Building Inspector shall have certified on the building permit or, in case no permit is issued, shall have issued a certificate of occupancy, specifying the use to which the premises, or the building may be put upon being sufficiently completed to s comply with the provisions and regulations relating thereto. 14.2.1 Said decision or certification may be appealed to the Board of Appeals in the manner otherwise provided for appeals in this ordinance. 14.3 Invalid Certificate or Permit " The issuance of a permit or a certificate of occupancy by the Building Inspector will not J legalize the erection or use of any building or structure or the use of any land, which is J otherwise in violation of the Zoning Ordinance. Such a permit or certificate will be null .and void. lG �r - Northampton Zoning November 10, 1958 ` l 14.4 Exceptions Exceptions as specifically mentioned for authorization by the Board, of Appeals in Paragraphs through inclusive may be allowed to the regulations and restrictions contained herein. Such exceptions shall be in harmony with the general purpose and intent of the ordinance. The Board of Appeals, established under Chapter 40A, Section 14 of the General Laws of Massachusetts,. and Paragraph 15.1 of this ordinance, may inappropriate cases and subject to appropriate conditions and safeguards, grant to an applicant a special permit to make use of his land or to erect and maintain buildings or other structures thereon, in accordance with such an exception. Before granting such a special permit, the Board of Appeals shall hold a public hearing thereon, notice of which shall be given in accordance with Section V of Chapter 40A of the General Laws of Massachusetts and paragraph 15.4 of this ordinance. 14.5 Penalty Whoever violates any of the provisions of this ordinance shall be fined not more than twenty ($20.00) dollars for each offense. Each day that willful violation continues shall constitute a separate offense . 14.5.1 Jurisdiction of the Superior Court -- Chapter .40A, Section 22 of the General Laws of.Massachusetts provides in effect The Superior Court shall have jurisdiction in equity to enforce the provisions of Chapter 40A of the General Laws of Massachusetts and this Zoning '?rdinonce, and may restrain by injunction violations thereof. (Other provisions of this Section 22 are not set forth here .) ; t Al l a 5 y 4. �w Section 15 Board of Appeals Northampton Zoning November 10, 1958 15,1 Membership of Board of Appeals There shall be a Board of Appeals of three members; who shall be ,appointed by the . Mayor, subject to the confirmation of the City Council. Each member of the Board of Appeals shall be appointed to serve for a term of three years from the 17th day of March in the year of his appointment and until his respective successor is appointed and qualified. 15.1 .1 Said Board shall elect annually a chairman from its own members, 15.1.2 Any member may be removed for cause by the appointing authority upon written charges a,nd after a public hearing. 15.1 .3 Vacancies shall be filled for unexpired terms in the same manner as in the case of original appointments. 15.1 .4 Three associate members may be appointed by the Mayor; and in case of a vacancy, inability to . act, .or interest on the part of .a member of said board, his place may be taken by an associate member designated by the chairman. 15.2 Appeals to the Board of Appeals An appeal to the Board of Appeals may be taken by any person, aggrieved by reason of his inability to obtain a permit from any administrative official under the provisions of this ordinance or Chapter 40A of the General Laws of Massachusetts., or by any officer or board of the city, or by any person aggrieved by any order or decision of the Building Inspector or other administrative official in violation of any provisions of Chapter 40A' of the .General Laws of Massachusetts or this ordinance. 15.2.1 Appeals may be taken within 60 days from the time that said person is notified that he is unable to obtain said permit. If said permit is not granted or denied within 20 days after application therefore, then for the purpose of this section, the applicant shall at .the termination of.said 20 days be deemed to be unable to obtain said permit. 15.2.2 Appeals may be taken within 60 days from the time that the above referred to order or decision is issued or rendered. f 15.3 Powers and. Duties of Board of. /appeals L �> The Board, of Appeals shall have the following powers: 15.3,:1 To heat and decide appeals taken as provided in Chapter 40A, Sect.ion 13, and any amendments therefo, of the General Laws of Massachusetts, and.Section 4A'of this ordirianc ©. 5 rm ;.... \Northampton Zoning November 10, 1958 15.3.2 To hear and decide applications for Special Permits for exceptions as provided in Chapter 40A, Section 4 of the General Laws of Massachusetts, and Section 3 of this ordinance upon which such board is required to pass. 15 .3.3 To authorize upon appeal, or upon petition in cases where particular use is sought for which no permit is required, with respect to a particular parcel of land or to an existing building thereon a variance from the. terms of this Zoning Ordinance where, owing to conditions especially affecting such parcel or such building, but not affecting generally the Zoning district in which it is located, literal enforcement of the provisions of the ordinance would involve substantial hardship to the appellant, and where desirable relief may be.granted without substantial detriment to the public good and.without nullifying or substantially derogating from the intent or purpose of such ordinance but not otherwise. 15.3.4 In exercising the powers under paragraph 15.3.3 above the board may impose limitations, both of time and of user,. and a continuation of the use permitted may be conditioned upon compliance with regulations to be made and amended from time to time thereafter. 15.4 Appeals, Procedures, etc. Any appeal under this ordinance shall be taken within the time prescribed by the ordinance. Such notice of appeal shall be filed in the office of the City Clerk, who shall forthwith transmit copies thereof to the officer or board whose action or lack of action is appealed from, to the Planning Board, and to the members of the Board of Appeals,. Such officer or board shall forthwith transmit to the Board of Appeals all documents and papers con- stituting the record of the case in which the appeal was taken. 15.4.1 The Board of Appeals shall fix a reasonable time for the Bearing of any appeal or other matter referred to it or any petition for a variance, and give public notice thereof in an official publication, or a newspaper of-general circulation, in the city of Northampton, and also send notice by mail, postage prepaid, to the petitioner and to. the owners of all property deemed by the board to be affected thereby, as they appear on the most recent local tax list, and to the Planning Board of the city of Northampton. At the hearing.any party whether entitled to notice thereof or not, may appear in person or by agent or attorney. 15.5 Rules;. M::::tings; Hearings; Records, etc. The Board of Appeals shall adopt rules, not inconsistent with jhis Zoning Ordinance, for conducting the business and otherwise carrying out the purposes of Chapter 40A of the General Laws of Massachusetts. Meetings of the board shall be held at the call of t e chairman, and also when called in such other manner as the board shall determine in its rules. Such chairman, or in his absence the acting chairman, may administer oaths, summon witnesses and call for the roduction of papers. All hearin s of the board shall p P .P 9 be open to the public. The decision of the board shall be made within a reasonable time The board shall cause to be made a detai led record of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such. fact, Yj o � i - Zoning November 10, 1958 and setting forth clearly the reasons for its decisions, and of its other official actions, copies of all of which shall be immediately filed in the office of the City Clerk, and shall be a public record and notices of decisions shall be mailed forthwith to parties. in interest as heretofore described, to the Planning Board, and to every person present R! e at the hearing who requests that notice be sent to him and states the address to which such notice is to b sent. if 15.6 Reversal, etc . of Orders, etc.; Form of Vote In exercising the powers granted by Chapter 40A of the General Laws of Massachusetts j. and this Zoning Ordinance, the Board of Appeals may in conformity with said Chapter 40A, reverse or affirm in whole or in part, or may modify, any order or decision, and may make such order or decision as ought to be made, and to that end shall have all the powers of the officer from whom .the appeal is taken and may issue or direct the issuance of a permit. `i. 15.6.1 The concurring vote of all of the members of the Board of Appeals shall be necessary to reverse any order or decision of any administrative official, or decide in favor of the applicant on any matter upon which it is required to pass under this Zoning Ordinance or to effect any variance in the application of any such ordinance : 15.7 Reconsideration of Appeal or P For variance from terms of ordinance, etc ., after unfavorable action. No appeal or petition under paragraph 15.3.3 for the variance from the terms of this ordinance with respect to a particular parcel of land or the building thereon, and no application under paragraph 15.3:2 for a special exception to the terms of this ordinance, which has been unfavorably acted upon by the Board of Appeals shall be considered on its merits by said board within two years after the date of such unfavorable action except with the consent all the members of the Planning Board. 15.8 Appeals to Superior Court -- Chapter 40A, Section 21 of the General Laws of Massachusetts. 1 i 1 4 tl Any person aggrieved by a decision of a Board of Appeals, whether or not previously a party to the proceeding, or any municipal officer or Board, may appeal to the Superior Court sitting in equity for the county in which the land concerned is situated; provided that such appeal is filed in said court within fifteen days after such decision -is recorded. The court shall hear all pertinent evidence and determine the facts, and upon the facts as so determined, annul such decision if found to exceed the authority of such board, or snake such other decree as justice and equity may require The foregoing remedy shall be exclusive, but the parties shall have all rights of appeal and exception as in other equity cases. (Other provisions of this Section 21 are not set forth here,) action 16 �� Am; ndmEnts, V'Il i pi t y 16.1 ': rn6ndinuhts: This dt -dinr dce and the boundaries of zeroing districts osf.Aiisho.d hereunder may frafi tiim: to time be. amandod or ;changod by th;: C ity CoUnciI in accordarice w!th th:: provisions of thapf4 40 of the GaHeral Larva, ,as amonded. 16.2 Value If.atiy section, perra r`a ji, sObjivisiori, clause j at prbvlsloh of tkis ordinanco shall be cdjudged invalid, such adjudication shall :-apply only to the section, paragnoph, subdivision, clause or provision so adjudged, and the remainder of this ordinance shall be deemad valid and affective . 16.3 Effective Ddta This ordinance shall become effective 'In , 1959, at 12.00 o'clock noon, Eastern Standard Tima. � 1