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Zoning Ordinance V: Zon Ord adopt. July 22am ym, h n t :! a t i � PTON TT � I� � �� y -1 9 n b N, CHAPTER 44 ZONING ORDINANCE CITY CF NORTHAMPTON, MASSACHUSETTS ARTICLE I TITLE, AUTHORITY, AND PURPOSE Section 1.1 - Short Title This Ordinance shall be known and may be cited as the "Zoning Ordinance of the City of Northampton, Massachusetts hereinafter referred to as "this Ordinance ". Section 1.2 - Authority This Ordinance is adopted pursuant to the Authority granted by Chapter 40A of the General Laws of the Commonwealth of Massachusetts and amendments thereto, herein called the "Zoning Enabling Act ". Section 1.3 - Purpose This Ordinande is enacted for the fol- lowing purposes: to lessen congestion in the streets; to con- serve health; to secure safety from fires, panic, and other dangers; to provide adequate light and air; to prevent the over of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; to conserve the value of land and buildings; to encourage the most appropriate use of land throughout the City; and to preserve and increase its amenities: It is made with reasonable consideration to the character of the district and to its peculiar suitability for particular uses, with a view to giving direction or effect to land development policies and proposals of the Planning Board, including the making of Northampton a more viable and. more pleasing place to live, work, and play. 1 -1 ARTICLE II DEFINITIONS Diagrams are for reference and do not.constitute part of the adopted Ordinance. Section 2.1 - _General. For the purpose of this Ordinance and unless the context of usage clearly indicates another meaning, certain terms and words shall have the meaning given herein. Words used in the present tense include the future; the singu lar number includes the plural, and the plural the singular; the words "used" or "occupied" include the words "designed "arranged ", "intended ", or "offered ", to be used or occupied; the words "building", "structure ", "lot ", "land ", or "premises" shall be construed as though followed by the words "or any portion thereof "; and the word "shall" is always mandatory and not merely directory. ABANDONMENT The cessation of a nonconforming use as indicated by the visible or otherwise apparent intention of an owner to discontinue a nonconforming use of a structure or lot; or the removal of the characteristic equipment or furnishing used in the performance of the nonconforming use, without its replace- � ` ment within six (6) months by similar equipment or furnishings; ) or the cessation of a nonconforming use or use of a structure caused by its replacement with a conforming use or structure. ACCESSORY SIGN See SIGN, ACCESSORY ACCESSORY USE: See USE ACCESSORY ADMINISTRATIVE OFFICER: The Inspector of Buildings; City of Northampton, Massachusetts., or his agent. AGRICULTURE FAIR A principal use operated either for profit or not for profit, with the principal purpose being the promoting of agricultural activities, whether these be provided to the pub- lic at large or to the.members of any particular organization and including, but not limited to, any of the following uses: entertainment, amusement, sports, recreation, racing, storage and handling of animals, judging, showing and auctioning of animals, overnight camping of scouts and other like organizations. ALTERATION Any construction, rearrangement, reconstruction or other similar action resulting in a change in the structural 1 parts, height, number of stories, exits, size, use or location of a.building.or other structure. 2 -1 PTOYJCON A building, lawfully existing at the effective date of this Ordinance, or any subsequent amendment thereto, which doe not conform to one or more of the applicable (� regulations for the district in which the building is located. BUSINESS OFFICE See OFE'ICE. BUSINESS SERVICE AND SUPPLY SERVICE ESTABLISHMENT: Any building wherein the primary occupation is the provision of services or supplies to the business, commercial, industrial or institutional community but not including retail sales to the general public except as a secondary and subordinate ancillary activity.. U)1 Z.. CELLAR: A portion of a building, partly or entirely below grade, which has half or more than-one- half of its height, measured from finished floor to finished ceiling, below the average finished grade of "Mas i the ground adjoining the building. A cellar is not deemed a story. PINtSNF� ';�t-OV -- ^� CERTIFICATE OF USE AND OCCUPANCY: A statement signed by the �- Administrative Officer, setting forth either that a building or structure complies with the Zoning Ordinance or that a building, structure or parcel of land may lawfully be employed f specified uses, or'both. CLUSTER RESIDENTIAL DEVELOPMENT: A development undertaken in accordance with the provisions of Section 11.4 of this Ordinance, consisting of a variety of dwelling types integrated with each other and with a significant area of common open space, and developed at a density not exceeding that which would be or- dinarily expected from a typical conventional subdivision. ComMERCIAL VEHICLE: A vehicle registered for commercial use. CO NSTRUCTION SUPPLY ESTA _ HMENT: An establishment which sells, rents, leases, services, and /or otherwise maintains materials and /or equipment involved in construction activities, including, but not limited to hardware, lumber, and equipment sales, and millwork. DISTRICT. A zoning district as established by Article III of J this Ordinance.' Diagrams are for reference and do not constitute pert of the adopted Ordinance. characteristics as described above. For the pu::pzse o•f this Ordinance, a mobile home shall not. be deemed a "one- selMily dwelling ". DWELLING, MODULAR UNIT A factory- fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure that,will be a finished building in a fixed location. The term is intended to apply to major assemblies, and does not include prefabricated panels, trusses, plumbing trees, and other prefabricated sub- elements incorporated into a structure at the site. For the purpose of this Ordinance a modular unit shall not be deemed a "mobile home" but shall be regarded as a conventional dwelling, subject to the rules and regulations contained herein. DWELLING, MULTIFAMILY A building containing four (4) or more dwelling units and including apartment house and garden apart - ment house, but not including a townhouse. A multifamily . dwelling may contain efficiency dwelling units in 'lieu of, or in combination with dwelling units where such efficiency dwell- ing units ' are developed as part of a project intended to provide housing for the elderly under an establis'�ed local,., state, or federal program. DWELLING, ONE- FAMILY A detached building containing one dwelling unit, also referred t a.s a "single family dwelling ". DWELLING, THREE-FAMILY A detached building containing three (3) dwelling units,. but not including a townhouse. DWELLING, TWO - FAMILY A detached building containing two (2) dwelling t.inj.ts. DWELLING UNIT Three or more living and sleeping rooms providing complete living facilities for the use of one or more individuals constituting a single housekeeping unit, with permanent provisions for living, sleeping; eating, cooking, and sanitation; and in- cluding any unit which is rented, leased, or including a unit available under a condominium or cooperative arrangement. DWELLING UNIT, EFFICIENCY One or two living- and /or sleeping rooms providing complete living facilities for one or two individuals constituting a single housekeeping unit, with per- manent provisions for living, sleeping, eating, cooking, and sanitation. 2 -5 building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this Ordinance; or `.__. any such floor space intended or designed for accessory heating, ventilating and air conditioning equipment. FLOOR AREA RATIO The ratio of the gross floor area to the total lot area. FUNERAL ESTABLISHMENT A building or part thereof used for human funeral services. Such. building may contain space and facilities for (a) embalming and performance of other ser- vices necessary for the preparation of the dead for burial, (b) the performance of autopsies and other surgical procedures, (c) the storage of caskets, funeral urns, and o ther related funeral supplies, (d) the storage of funeral vehicles, (e) facilities for cremation, and (f) the living quarters of an in whose bonafide occupation is in the funeral estab- lishment. GARAGE, COMMUNITY A group of private garages either detached. or under one roof, arranged in a row or around a common meant Of access. GARAGE, PRIVATE A garage for housing motor vehicles only, (( with a capacity of not more than three (3) vehicles. HALFWAY FUSE A building containing sleeping rooms, common rooms, dining rooms, and accessory facilities intended exclusively for the use of participants of a program of rehabilitation of individuals prior to their complete reentry into. normal society, which program is.recognized and licensed by a state agency. One or more individuals responsible for the operation of a halfway house shall be resident therein, and facilities for such resident director and his family shall be provided. HEAVY PUBLIC USE Any building, structure, or use of Land by an agency of a city or town other than the City of Northampton, of a county, of the Commonwealth, or of the United States, whether such use is conducted on public prop&rty.or not, and any of the following specific uses conducted by the City of Northampton: truck or equipment storage garage or yard; vehicle repair gar- age; sewage treatment or water treatment plant; incinerator; sanitary landfill; or was't'e recycling plant; or any privately owned and /or operated sanitary landfill; dump; incinerator; or water or sewage treatment facility; or sewage lift station. 2 -T HgSPITAi., VETERINARY A building providing for the diagnosis, and treatment of ailments of animals other than. human, including -- facilities for overnight care, but not including crematory facili- ties. HOTEL A building or group of taining rooming units without transient occupancy and having individual exterior entrances; inn and tourist court, but not house or rooming house. buildings, part of a building con - individual cooking facilities for a common entrance or entrances or and including an inn, motel, motor including a. boarding house, lodging JUNK Any worn out, castoff, or discarded articles or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new shall not be considered junk. JUNK MOTOR VEHICLE Any motor vehicle not capable of being used as. in its existing condition by reason of being damaged or dismantled or failing to contain parts necessary for operation and otherwise qualifying as junk. JUNK YARD The use of more than two hundred (200) square feet of the area of any lot, whether inside or outside a building, or the use of any portion of-any lot that _joins any street, for the storage, keeping or abandonment of junk. LIVING SPACE The net floor area within a dwelling unit exclusive of utili +y rooms, closets, attics, and cellars. LOADING 5rACL An off- street space a% least twelve X12; feet in width, fifty (50) 'feet in length and with a vertical clear- ance of at least fourteen (14) feet, having an area of not less than thirteen hundred (1,300) square feet which includes access and maneuvering space used exclusively for loading and unloading of goods and materials from one vehicle. The dimensions of the loading space may be reduced by the Administrative Officer to not less than three hundred (300) square feet which includes ac- cess and maneuvering space, when it is clearly evident that ser- vice vehicles utilizing said space will not require the area listed above. LODGING HOUSE A building containing four (4) or more lodging 2 -9 i LOT CORNER ,1.c�t at the point O intersection of arnd abutting on two or more intersecting, street the interior angle of inter - section of the lot lines, or extended lot lines in case of a curved street laeing not more than 1 -35 degrees. For prarpo es. Oil- this Ordinance, the ward adjacent to each street shall be con - sidered a front yard however, this will not affect designation of the front line (See diagram 5) H.TE.-ADep WcfT / S 7 F�at�At L�n4e Fr_WgT L_� Z K � LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot lin LOT FRONT I AGE . • The 'Length of the front lot line, as defined herein, whether straight or. not. LOT INTERIOR Any jot other than a corner lot or a through lot. LOT LIRA, FRONT The property line d?viding a lot fraRt a street rig:s� -oL -way, provided that in the case of either a corner lot J. or a through lot, the line, with the shortest street frontage shall be the front line.. (See diagrams 4 and 5.) LOT LINE, REAR The lot line most nearly opposite from the frorn.t iE:t I*Lne. (See diagrams 4 and 5.) LOT LTlqF,, c .DE Any 1.ot. Line not a front or rear lot l i ne. See diaa. ams�4 and 5 LOT NONCONFORMING A lot lawfully existing at the effective fecti.ve date of this Ordinance, or anv subsecsuent. amendment thereto, which i.s not in accordance with all. provisions of this Ordinance. Diagrams are for reference and do not constitute part of the -�� adopted Ordinance. I Z -11 mEttI,Ckl, CENTERt A building or group of buildings used for the offices, and facilities accessory' to the practice of licensed. medical practitioners, (including p:�ysicians, dPr)ti.sts, cotc�.:r•��`riv' ophthalmologists, and persons engaged in all fields related gen erally to medicine, but not including veterinarians) and including such common facilities as an outpatient clinic or emergency treat- ment rooms, but not including inpatient facilities. MEMBERSHIP CLUB A social, sports, or fraternal association or organization which is used exclusively by members and their guests and is not conducted as a gainful business and which does not hold a license to sell alcoholic beverages. MOBILE HOME See DWELLING, MOBILE HOME MODULAR HOME See DWELLING, MODULAR HOME: MUNICIPAL FACILITIES Facilities utilized in the provision of services normally provided by municipalities,' such as schools, parks, playgrounds, municipal office buildings, and the like, but not including any facility defined under essential facili- ties, any facility defined as a heavy public use, or any use, specifically listed in the Table of Use Regulations. NON-ACCESSORY'S IGN See SIGN, NON- ACCESSORY NURSING HOME Also known as extended care home, rest home, or convalescent home. A nursing facility is any place containing beds for two (2) or more patients, established to render domi- ciiiary and /or nursing care for chronic or convalescent patients and which is properly licensed by tYe State, but not including child care homes, or facilities for the care of drug addicts, alcoholics, mentally ill or developmentally disabled patients. OFFICE O R BUSINESS OFFICE: A room, studio, suite or building in which. a Person transacts. his business or carries on his stated occupation.. For the purpose of this Ordinance, an office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair or storage of materials, goods and products which are physically located on the premises. An office sha.l.l_ not be deemed to include a veterinary hospital. OPEN SPACE The space on a lot unoccupied by buildings or struc- tures, unobstructed to the sky by man -made objects other than walks, swimming poolsr and terraced areas, not devoted to streets, - dri.vewai's, off street parking or loading spaces and expressed as a percentage of total lot area. 2 -13 PLANNED UNIT DEVELOPMENT (PUD} A development undertaken in accordance with the provisions of Section 11.5 of this Ordinance, ] consisting of a variety of dwelling types integrated with each other, with a variety of business and service urges, and with a significant area of common open space, and developed at a den- sity not exceeding that which would be ordinarily expected from a typical conventional development. RECEIPT As used herein, receipt of an application or of a request means an official receipt on the forms or in the format prescribed by the board or agency responsible for reviewing the application and accompanied by all of the supporting materials or documentation required by the board or agency as being necessary at the time of application, such receipt to be ac- knowledged by an official stamp or the signature of an appropriate official showing the time and date of the receipt, such stamp or signature to be used only after the entire application including all supporting material has been checked for completeness and accuracy. Any acceptance of an application or material by the City Clerk or any city employee who is the agent, or an employee of a board shall be subject to further review by that board and receipt shall not have occurred until after such further review has satisfied such board that all requirements for submission have been met. When time is measured from receipt, such time t. J shall be measured, in the case of receipt by an agency from the date shown on the stamp or with the signature of the appro- priate official; and in the case of receipt by a board, from the date of the first regular meeting of the board following accep- tance of the material by the City Clerk or an agent or employee of the board at which meeting the application shall be reviewed and accepted.as being complete, or rejected as being incomplete. REPAIR SERVICE ESTABLISHMENT: Any building wherein the primary occupation is the repair and general servicing of appliances, tools, and other small machinery common to use in homes or businesses, but not including automotive repair or automobile service station; or any place wherein the primary occupation is interior decorating, to include reupholstering and the making of draperies, slipcovers, and other similar articles, but not to include furniture or cabinet making establishments. SERVICE STATION A building or part thereof whose chief activity is the selling of gasoline, oil and related products for motor vehicles or the provision of lubricating service or general auto repair. �, J 2 -15 I JQN', GENERAL ADVERTISING & Any sign advertising products or ser- vices other than products or services available on the lot on which the sign is located, or any sign which is not located within two hundred (200) feet of the building or other structure at which the products or services advertised thereon are available. SIGN, GROUND A sign erected on or affixed to the land including, any exterior sign not attached to a building. $IGN, IDENTIFICATION A sign used simply to -identify the n&M6 n- ddress, and title of an individual family or firm occupying t;,)L premises upon which the sign i located or to givf :in.f„orm.,at.ioRR, such as time or temperature. IGN, NON - ACCESSORY <<�n�, sign nc+ t. ,art �c�,4c— .as�oa';Y ra gn. aIGN, SURFACE AREA OF : For a sign, either free! standincj or at:- tached, the area shall be considered to include all lettering, aaording, and accompanying designs and symbols, together with the .background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are ;incidental to the display itself. For a sign consisting of in- dividual letters, designs, and symbols attached to or painted on a surface, building, wall or window the area shall be considered -to be that of the smallest quadrangle which encompasses all of the letters, designs, and symbols. The largest side of a two sided sign shall be used in calculating the surface area of such a. sign. SIGN, WALL A sign affixed to the exterior wall of a building and extending not more than fifteen (15) inches therefrom. SPECIAL EXCEPTION A special authorization by the City Council. to conduct a particular use as provided in Article X. '.(See SPECIAL PERMIT) SPECIAL PERMIT A special authorization by the Board of Appeal* to conduct a particular use as provided in Article X. T'he nomenclature "special exception" and "special permit" both refer to the authority contained in the General Laws.to provid.f.: for "permits for special exceptions ", with the distinction adopted locally to distinguish between those granted by the Roaa:n' of Appeals and those granted by the City Council. 2 -1.7 TOWN HpUSE A row of at least three (3) and not more than eight (8) one family attached dwelling units, each separated from �`. other dwelling units by a fire wall or walls. Each unit in the row may be owned by a separate owner. (See diagram 11 ) V14z-, P-14M I I• (n4, 4) ` I � 0 h4 cr uN ir UN � v Nit , A4 2 5 wt�1.1.5 i UNREGISTERED MOTOR VEHICLE: Any motor vehicle required to be registered by law of the Commonwealth of Massachusetts for opera- tion on public ways, not so registered. USE The purpose for which a. structure or lot is arranged, de- signed, or intended to be used, occupied or maintained. USE, ACCESSORY - A use incidental and subordinate to the princi- pal use of a structure or lot, or a use, not the principal use, which is-located on the same lot as the principal structure. Accessory uses shall be interpreted as not exceeding forty (40) percent of the area of the total use of the structure and /or. lot on which it.is located. USE. MIXED Two or more uses occupying the same structure or lot, each of which is independent of and unrelated to the other. USE, NONCONFORMING A use lawfully existing at the effective date of this Ordinance, or any subsequent amendment thereto, which does not conform to one or more provisions of this Ordinance. USE, PRINCIPAL The main or primary purpose for which a structure or lot is designed, arranged, or intended, or for which it may be used, occupied or maintained under this Ordinance. Any other-use Diagrams are for reference and do not constitute part of the adopted ordinance. 2 -19 // ARTICLE III ESTABLISHMENT OF DISTRICTS Section 3.1 - Division into Districts. The City of Northampton, Massachusetts, is hereby divided into Zoning Districts to be de- signated as follows: Full Name Short Name Class Rural Residence RR Suburban Residence SR Urban Residence A UR -A Residential "R" Districts Urban Residence B UR -B Urban Residence C UR -C Central Business CB General Business GB Business "B" Districts Highway Business HB Neighborhood Business NB General Industry GI Industrial Special Industry SI "I" Districts Special Conservsney - Flood min SC Conservancy "C" Districts Districts may be grouped by "class" and may be referred to herein by the class name or by the abbreviations "R districts ", "B districts ", "I districts ", or "C districts ". Section 3.2 .—Special Flood Plain Distric The Special Flood Plain Diit�ict is established as shown on the Zoning Map. See Article XII for applicable regulations. �_� 3 -1 2. Where a boundary is indicated as following approxi- mately or parallel to a street, railroad, watercourse, or other body of water, it shall be construed to be parallel thereto and at such distance therefrom as shown on the Zoning Map. If no dimension is given, such distance shall be determined by the use of the scale shown on the Zoning Map. 3. "There a dimensioned boundary coincides within ten (10) feet or less with.a lot line, the boundary shall be construed to be the lot line. 4. Where a zoning boundary is indicated as intersecting the centerline of a street, railroad, watercourse or other water body, and unless it is otherwise indicated, it shall be construed to intersect at right angles to said centerline or in the case of a curved centerline, at right angles to the tangent to the curve at the point of intersection. 5. The abbreviation "PL" means property line as shown on the City Assessor's Map as in effect at the effective date of this Ordinance. The abbreviation "PL ", when used in conjunction with a subsequent amendment to this Ordinance, shall mean a property line as shown on the City Assessor's Map as in effect at the effec- tive date of such amendment, 6. The boundary limits of the Watershed Protection Dis- trict are described by dimensions measured from the centerline of certain streams, by dimensions measured from the normal high -water line of certain water bodies, and by transfer of boundary lines from maps prepared by the U. S. Geological Survey. The actual determina -- tion of boundaries with respect to a particular parcel of land will be made by the Administrative.Officer at the time of the application either by sample scaling or by field inspection. 3 -3 ARTICLE IV INTERPRETATION AND APPLICATION Section 4.1 - Interpretation. The provisions of this Ordinance shall be interpreted to be the minimum requirements adopted for the promotion of the health, safety, morals, or the general welfare of the City of Northampton, Massachusetts, and except for Chapter 44, Zoning Ordinance of the Revised Ordinances of the City of Northampton, Massachusetts, 1959, and all subsequent amendments thereto, the provisions of this Or are not intended to repeal, amend, abrogate, annul,.or in any way impair or interfere with any lawfully adopted.ordinance, covenants, regulations, or rules. Whenever the regulations made under the authority hereof differ from those prescribed by any statute, ordinance, or other regulations, that provision which imposes the greater restriction or the higher standard shall govern. . Section 4.2 - Application. Except as herein provided, the pro- visions of this Ordinance shall apply to the erection, con- struction, reconstruction, alteration, or use of buildings, structures, or use of land. Except as herein provided, any existing conforming use, structure, or lot shal.l'not by any C action become nonconforming and any existing nonconforming use, structure, or lot shall not become further nonconforming. Section 4.3 - Existing Buildings and Land. This Ordinance shall not apply to existing buildings or structures, nor to the ex- isting use of any building or structure or of land, to. the ex- tent to which it is legally used at the time of adoption of this Ordinance, but it shall apply to any change of use thereof and to any alteration of a building or structure when the same would amount to reconstruction, extension or structural change, and to any alteration of a building or structure to provide for its use for a purpose or in a manner substantially different from the use to which it was put before alteration, or for its use for the s „ame purpose to a substantially greater extent. Section 4.4 - Mixed Uses. In cases of mixed occupancy, the regulation for each use shall apply to the portion of the building or land so used. 4 -1 i ARTICLE V USE REGULATIONS' l Sec tion 5.1 - Applicability of Use R egulations . Except as provided in this Ordinance, no building, s or land shall be used except for the purposes permitted in the dis- trict as described in this article. Any use not listed shall be construed to be prohibited. S ection 5.2 - Table of Use Regulations The Table of Use Regu- lations on the following pages is hereby declared to be part of.this Ordinance. In the Table, the following designations shall apply: "A" shall designate uses allowed by ri ht in the particu- lar district. "SE" shall designate uses allowed in a particular district only by s ecia exception from the. C un i , subject to the provisions of P.rticles X and XI. "SP" shall designate uses allowed in a particular district only by special permit from the Board of Appeals subject to the provisions of Articles X and XI. shall designate uses not allowed in the district " Any use which is accessory to a principal use allowed by right or by special exception shall be allowed only in connection with such allowed principal use. Secti _ 5.3 ,- - - Uses Sub to Ot Regulations Uses permitted by right, permit, or by special exception s hall be subject, in ad- dition to use regulations, to all other provisions of this Ordinance. *Note: See'also Article VI for dimension and density regulations Article VII for sign requirements Article VIII for parking and loading regulations 5 -1 Q) N a ro a U C . r { f� a i t ,U Q U ; F rA t4 -P Q4 l C C U 4 i n U O ro Lf) I " Q) Q) U tls cit U 4J M .r. C 4Y2 •. r I o >I o4 U Q) 4 r--4 N W •� 4 4 0 to 1) E Q), Q) ro r0 H I I r 1 C C7 I Q) r Q) .' 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H H to a) o a) U Q ro a Q+ E1 a O I I I a LO uj � -4 4 ro a) U I E I H k ra V) N E I 41 > O C s� 4-J -, en ro v O >. N E1 .W 0 N < - 1 C A w ro O ro z > C%4 m �+ �' ro a r, ro �, rC '° o *� 0 u) ) o ro r� tr' ro o •1+ 'c) �4 o >, 41 a C U o �g �� H r rou rou � >' n C i4 ° ,-I a) �4 a C 3 (L) U) tw a U] ro to •u .rJ 0 U -P O tT C -I Q) 4-4 ° z ai . Q ° ro ra a) is O a) M m < a w W U) o a� a c H �4 � U 1•+ �4 ro U U �4 C ro S I a) CT m r. ,. r l E•+ .0 w o -P >, o �, � -P ro C -- r _, 00 - —A ro 4) >, . 0 ro p �, a) U ty) •� ,� � �' td R E (U U) O O a a) s O 0 U+� O U r U) •r i r l ►+ a a b' ,[ ali C E a a �4 r r••1 N• a I I. 5 -11 r o v c a v v Ca �DI 441 p i v A ro H P4' E Ln w < C14 UJ < E i w U) < w LO a 04 " w 1 ! I 0.. a . Ln I a ! L a: I LO u C C u 1 O ro � UJ U > I H � ro C !-I H a-Ji H � 1 E z Lo cn c x a ! N ! ! ! ul m 1 a ! P4' E Ln w < C14 UJ < E i w U) < w LO a 04 " w 1 ! I 0.. a . Ln I a ! to 4J EV O .0 G d.J N E v tia U) v ar - 1 U) ro Q) > a r! • a G E O N w ro O v 3 r o r-+ U O to U) F� Q) O U) >. 14 A w z w >, c A O ?� .s! it .-+ a • H 0 x v ti N ,--I • r-i a-, r-•1 fJ •rl ro v ea> n US Lo 1 Q:• C) i Vi °n: w r) 4, W A ro v 3 U r•-I r-1 ro , U) ,tom C) tr ;J bd i R, L I 1 1 1 i cn ! ! ! 1 N �D O ! 1 1 r 1 v 1 ! ^I I:� � .,..! 1 1 tom;:. t .: 1 4 �•, UJ fO S4 i r O O 41� ro ro c a ro C ro r o m •u ro a F IJ c o o III v . rl �j v ro �J 0 H 0 0 0 ro •E•) N 0 N 1 I FA N 1 ., t� � x z � ro o ro a) w 0, v � t :,,• , �`f v Ell v ° W Li �M Q) 4 1=. S 4 ro Q) sn 4 •H ro uj eo ) �:;. ej 4'_`.,' i i> �;' fro _ r. p rp O - 4d u U 0 m ,� v Ui. 4- Lo U) ro U) ro b U) •H >T •r•i o r l •H S r :7 A ^` r ! U1 N ro E 1•: ` U) w c A N O O H tU ro C "0 tT ro Qi O ri Y °J Ci H. (E lyt 'T,j ro .;J L l-I U) 4J: -: N Cr ) t ` F C: r H H 5 -13 to 4J EV O .0 G d.J N E v tia U) v ar - 1 U) ro Q) > a r! • a G E O N w ro O v 3 r o r-+ U O to U) F� Q) O U) >. 14 A w z w >, c A O ?� .s! it .-+ a • H 0 x v ti N ,--I • r-i a-, r-•1 fJ •rl ro v ea> n US Lo 1 Q:• C) i Vi °n: w r) 4, W A ro v 3 U r•-I r-1 ro , U) ,tom C) tr ;J bd i R, r l ARTICLE VI DIMENSIONAL .AND DENSITY REGULATIONS Sectio 6.1 Applicability of Dimensional an Density Regulations The regulations for each district pertaining to minimum lot ar minimum lot width, minimum lot depth, minimum front yard depth, minimum side yard width, minimum rear yard depth, maximum height of buildings, maximum number of stories, maximum building area, maximum floor area ratio, and minimum open space shall be as specified in this Article and as set forth in the Table of Dimen- sional and Density. Regulations, and subject to the further pro- visions of this Ordinance. Sectio 6.2 Table of Dimensional and Dens R egulations . See Table on accompanying pages plus attached notes, which are de- clared to be a part of this Ordinance. 6 -1 L) L) O o ° 0 M a� # M ' o w-- 41 ►� o O ro • 4 a) 0 0 0 � 0 d^ � o o -1� rl 14 f0 O C ° o I p N N [ U 41 4.1 fQ 1•t f0 0 I w to . tp w _ x a 5 w o ° 0 0 0 1 0 lit 0 co o co s4 k 0 b r♦ o tr 3E a a 0 ns �+ 41 w O w - 4j o �+ w w w x o �., o �,., �, m �, <r co 4J fd fa o �, 4J C ffa ai a Q) w r . 0 0 >4 44 o tr U w -r1 41 •,1 to ° OD 'Ice `f' co u 4-' ro ,J ' i•4 k C w a) m fa 0 i4 M 0 O 0 C O C O aI O 4-4 C LQ (1) C14 CN N N r m p: * * * C w C * U) If1 O C C � r� r l r 1 r'1 '-� C ?� fQ ?t 4J M o b A A is C •rl a) 4 C O O O N ►f•) r I w 01 C 4 CN N 0' O M 4.J �4 1-1 fo a , ': 41 c Q, r-4 4J ° 0 0 0 w w -H fQ 4 a 4-+ V 0 o ° o rn C C w CV '� w a rq w C p , .' r � fa o fo r. O � 00 0 p ° M r 0 w a r4 fo �, .�.. r I o 4 , �.� 'o ro w ro C ai •� 3 m m o rq 4J � O o 0 00 0 C C m -3 ::3 , t} w w 4 o o ° 0 4J a) -N w r-4 Q fa O ..,� N C O m C o qt �". O rl � m w -N C 0 r♦ C C O O C O C O C ° O o C 'O w W C f-t 44 m o O to O w O w O 0 o O O� 3a C 'O . S•1 w O C te o� w o� a�i o� � o rb N o � a a � O `� •� w .,� o w � ra a s ra a s r, P a s N a r-i o 0 fa � E H w pp I I 1 .0 w ,�{ U w w m >I w 1 C '• P a a 04 'v w •'� A w 4 � ::I to u >.4 w C .-I w •r1 C w •� w C � -P C td 49. w 4 c >~ w w w r f 41 w w w o a�i 0 awi w a � o m ro - H � w E � a 0 ra r-1 p C w .0 w g Q u 3 u o >.� m '° , q o w o w 41 �o w r{ o w ., 4-) 0 w o r+ a) C w r , w ::5 �,u x fa wrn 0-H ,�v p �." �D K A+ i 4a r-4 w O O 4a Ei 'D W t-S E •,a w +' �+ I U U K C • to U A 41 6 -3 Section 6.3 Reduction of Lot Areas. The lot or yard areas required for any. new building or use may not include any part of a lot that is required. by any other building or use to comply with any provisions of this Ordinance, nor may these areas.in- clude any property of which the ownership has been transferred subsequent to the effective date of this Ordinance if such pro- perty was a part of the area .required for compliance with the dimensional regulations applicable to the lot from which such transfer was made. In the case of a subdivision, either requiring or not requiring approval under the Subdivision Control Law, the lot frontage requirement (minimum lot width) contained in the Table of Dimen- sional and Density Regulations may be reduced by not more than twenty (20) percent of lots at the end of cul -de -sacs or in other similar situations, provided that a majority of the Planning Board so agrees as a part of the approval of the plan or as part of the determination that approval is not required. Section 6.4 - Separation of Lots No lot, whether it complies with the provisions of this Ordinance or not, may be divided so as not to conform with a provision of this Ordinance. No.group. of lots in a common ownership may be separated or the ownership f of one or more lots changed (other than the entire group when ` -� sold as a single parcel) so as not to be in conformance with a provision of this Ordinance. Section 6.5 - Screening and Buffers - Industrial o Business Districts Screening and buffers shall be required on any lot in any industrial or business district where it adjoins a lot in a residential district as follows: this strip shall be at least thirty 30 feet in width. It shall contain a screen of plantings of vertical habit in the center of the strip not less than three feet in width and six feet in height at the time of occupancy of such lot. Individual shrubs shall be planted not more than five (5) feet on center, and individual trees shall be planted no more than fifteen (15) feet on center, and shall thereafter be main- tained by the owner or occupants so as to maintain a dense screen year round. At least fifty (50) percent of the plantings shall be evenly spaced. A solid wall or fence, not to exceed six (6) feet in height complemented by suitable plantings, may be substituted for such landscaped buffer strip, provided that no such buffer strip or well or fence shall-be required so as to be in violation of Section 6.8 below. 6 -5 2. In.the case of one - family, two- family, and three - family dwellings, no more than one principal building may be built on any single lot. In all other cases, more than one principal structure may occupy the same lot, pro - vided that in the aggregate they do not represent a more intensive use of land than would be allowed if all uses were contained within a single structure. 3. Where more than one principal structure occupies the same lot, no unattached structure shall be located closer to another than thirty (30) feet, further provided that no structures which face front to front, or front to rear shall be located closer than sixty (60) feet. In imple- menting this requirement, any building face with a major entrance shall be deemed to be a front, and any major face without an entrance shall be deemed to be a rear, �s !ermined by the Administrative Officer. 4. Projections into required yards or other required open spaces are permitted subject to the following: a. Balcony or bay window may project up to two feet (, into a required yard or other open space. provided it is limited in total length to one -half the length of the building face. b. Open terrace or steps or stoop, under four feet in height may project into a required yard or open space up to one -half the required setback. C. Steps or stoop over four feet in height, windowsill, chimney, roof eave, fire escape, fire tower, awnings, storm enclosure, or similar architectural features may project not more than two feet into a required yard open space. 5. The provisions of this Ordinance governing the height of buildings shall not apply to chimneys, cooling towers, elevator bulkheads, skylights, ventilators,. electronic equipment, elevator shafts, and other necessary appur- tenances usually carried above the roof, nor to domes, towers, stacks, or spires, if not used for human occu- pancy and if not occupying more than 20 percent of the .round floor area of the building; nor to ornamental 5. 10 . A fence, hedge, wall, sign or other structure or, vege- tation may be ma- intained on any lot provided that in the front yard area, no such structure or vegetation shall bg over three (3) feet in height above the adja- cent ground within five (5) feet of the front lot line unless it can be shown that such vegetation will not re- strict visibility in such a way as to hinder the safe entry of a vehicle from any driveway to the street. Section 6.9 Reduction of Requirements When Establishing or Re estab lishing Residential Use Within an Existing Structure Where a mixed residential/business use may be located in the CB and GB, districts, and where such use is proposed for a structure which is in existence on the date.of the adoption of this ordinance, and whic'n has not been substantially changed since tYB t elate, and where such use is proposed for a lot which has not been decreased in size since the date of such adoption, a reduction in certain of the re- quirements contained in the Table of Dimensional and Density Regu- lations may be authorized by special permit from the Board of T.ppeals subject tc the provisions of Section 10.9 and to the f01 lowing adr?itional previsions: T, reduction in the minimum let size requirement may be allowed tc the extent t' the number cf proposed dwelling snits shall not exceed that which may be determined by the Bo &re c F Appeals as being appropriate (base cn "c: - plans which shall be submitted with the applicati.,..) for the particular building in question, arid provided that no individual dwelling unit shall be smaller than six hundred (600) square feet in living space; 2. A relaxation in the requirements dealing with building coverage, floor -area ratio, and open space, may be allowed provided that no new construction which increases the pe tential number of dwelling units may be allowed; 3. When public or private off- street parking spaces are avail- able for use by residents, the Board of Appeals may ac- cordingly reduce or waive the off- street parking require- ments found in article VIII. �J •. ARTICLE VII SIGNS Section 7 1 - Applicabil All signs (accessory and non - accessory) shall comply with the regulations for the erection and construction of signs contained in the Building Code of the City of Northampton, and all other applicable regulations including the sign regulations contained in this Ordinance. in addition to the provisions, of this Ordinance, all non - accessory signs, including the typical billboard signs, shall be required to have the appropriate annual permit from the Massachusetts Outdoor Advertising Board. No such permit shall. be issued or renewed by the Outdoor Advertising Board for any non - accessory sign which is not in conformity with applicable ordinances of the City of Northampton enacted in accordance with Section 29 of Chapter 93 of the General Laws. Section 1 2 General Sian Regul ations. 1. Any traffic, informational or directional sign owned and installed by a governmental agency shall be permitted.. �. 2. Temporary banners for drive -in establishments or automo- tive establishments shall be permitted, except as provided in 3. below. Temporary shall be construed to mean any period not exceeding 30 consecutive days. 3. A sign (including temporary interior window displays or banners) or its illuminator shall not by reason of its location, shape, size, or color interfere with traffic or be confused with or obstruct the view or effectiveness of any official traffic sign, traffic signal, or traffic marking. A sign or any part thereof which moves or flashes, all of the traveling light or animated type, and all bea- cons and flashing devices are prohibited except such por- tions of a sign as consists solely of indicators. of time and /or temperature or automatically changing message, pro- vided that a sign with an automatically changing message shall be permitted by the Administrative r)fficer who shall seek the advice of the City.Council, Planning Board, and Chief of Police to determine that the sign is not a hazard to traffic and pedestrian safety. All illumination of signs - -4- . __ --F must be so arranged as to prevent glare onto ar any public way or into any residential area. 7 -1 12. If lighting is provided, the source of light shall be _ either from within the sign or shall be exterior to the sign and shielded so as to prevent direct glare from the light source onto any public street or onto any adjacent property. 13. In any district one unlighted sign offering premises for sale or lease for each parcel in one ownership shall be permitted provided: it shall riot exceed six (6) square feet in surface area; and it shall be set back at least ten (10) feet from the street lot line or one -half of the building setback distance whichever is less. 14. In any district one unlighted temporary sign of an architect, engineer or contractor, erected during the period such, person is performing work on the premises on which such sign is erected, shall be permitted pro- vided: it shall not exceed four (4) square feet in surface area; and it shall be set back at least ten (10) feet from the street lot line, or . one -half of the building setback distance, whichever is less. 15. In particular instances the Board of Appeals may permit ( CD more than the number of signs herein permitted or signs of a maximum size other.than herein specified, if it determines that the architecture of the building, the location of the building or the land or nature of the use being made of the building or land is such that additional signs or signs of a larger maximum size should be permitted in the public interest. In granting such permission, the Board of Appeals shall specify the size and location of the sign or signs and impose such other terms and restrictions - as it may deem to be in the public interest and in harmony with the general purpose and .intent of this Article. 16. No signs are permitted in the "C" District except those allowed by Article XII. 17. The Administrative Officer is authorized to order the repair or removal of any sign and its supporting struc- ture which, in his judgment, is dangerous, or in dis- repair or which is erected or maintained contrary to the zoning ordinance. 7 -3 ' Section 7 4 - Signs Permitted in Any " B" District. In all "B " Districts, the following exterior signs and no others, are per- mitted: 1. Signs permitted in Section 7.3 subject to.the same regu- lations. 2. Business signs shall be permitted as follows: a. One wall sign for each lot street frontage of each establishment, provided: it shall be attached and parallel to the main wall of a building; it. shall not project horizontally more than twelve (12) inches therefrom; the surface area of the sign shall not ag- gregate more than ten (10) percent of the area of the wall on which it is displayed, or one hundred (100) square feet, whichever is the lesser; and if lighted, it shall be illuminated internally or by indirect method with white light only. b. One ground sign for each lot street frontage of a busi- ness establishment in the "HB" district, provided: it shall not exceed one hundred (100) square feet in sur.- face area, on any one side; no portion of it shall be set back less than fifteen (15) feet from any street n lot line; it shall not rise to more than fifteen (15). feet from the ground or sidewalk; and it shall be il- luminated internally or by indirect method with white light only. Where a single lot is occupied by more than one business whether in the same structure or not, there shall not be more than one standing sign. Section 7.5 - Signs Permitted in the "I" District In all ' 1 1'" Districts, the following exterior signs, and no others, are per- mitted: 1. Business signs shall be permitted as follows: a. On.e wall sign subject to the regulations set forth in Section 7.4 above.. b. One ground sign for each. establishment, provided: it shall not exceed one hundred (100) square feet in sur- face area; it shall be set back at least fifteen (15) feet from any street lot line; it shall not be erected so that any portion of it is over fifteen (15) feet above the ground or sidewalk; and if lighted, it sY311 be illuminated internally or by indirect method with white light only. 7 -5 ARTICLE VIII OFF- STREET PARKING AND LOADING REGULATIONS Sect 8 1 - Off- Street Parki Rectuirements Off- street park ing spaces shall be provided for every new st ructure, the en- largement of an existing structure, the development of a new land use or any change in an existing use in its entirety in accordance with the Table of Off- Street Parking Regulations and other requirements contained herein. Table of Off- Street Parking Regulations Number of off - street parking Use s aces oer unit Dwelling, one, two,.and three family units and townhouses Dwelling, multi- family Lodging house, fraternities, sor- orities, and similar types. of group activities, accept d62'm- ito�'i�ses . Two per unit Two per dwelling unit except housing for the elderly in which case it shall be one for each two dwelling units One per rental or sleeping anit. Any bedroom or group of two beds in a single room constitutes a sleeping unit . 00.1lege Dormitories Theater, gymnasium, auditorium, church, or similar place of public assembly with seating facilities Automobile retail and service establishment and other retail and service establishment util- izing extensive'display areas, either indoor or outdoor, which are unusually extensive in rela- tion to customer traffic `one per two beds plus 10% of the tota'r One for each three seats of total seating capacity One.per 1,000 sq. ft. of gross floor space. In the case of outdoor display areas, one for each 1,000 sq. ft. of lot area in such use. 8 -1 i Table of Off- Street Parking Regulations (Continued) Use. Number of off - street parking s aces per unit Business, trade or industrial schoo o college One for each 200 sq. ft.. of gross floor area in classrooms and other teaching stations including space for the gymnasium or auditorium, whichever has the larger capacity `�,1b One for each four regular club `1,. . I , 4 �_,� members plus one space for each employee YMCA`, community facility `city building, recreation, etc.) ._ br —cries and museums 1'ransportation terminal es- tablishment; (home occupaticn ?) Pumic• util_.t' F'.,:Jm; rat. Parlors Car washing facility (auto- matic or conveyor type) Car washing aci:Li.t -Y (sel . , d 1.1 to E lemeta c- y anus Ju.n.inx: High. Schor) : 8-3 One per each 400 sq. ft. o;: gross floor space One per each 300 sq. ft. of gross floor space One for each 500 sq. ft. of gross floor area One for each 300 sq. ft. of gross floor area devoted to office use One for each 800 sq. ft. of gross floor area per other use. One for each four seats One per employee plus reservoir spaces equivalent to 5 times the ma:aimum capacity of, the facility Reservoir spaces equivalent to two spaces per bay ;burn of various used separately One space for each teacher and employee, including space for the gymnasium or the auditorium, which- ever has the larger capacity. of Off - Street Loading Regulations (Continued) use Business services Other serti ices Hospi':al � n Manufacturing Motor freight terminal and warehousing Community facility (school, church, town building, rec- reation, etc.) Gross Floor Pt Which First 'Loading Space is Required. 75,000 sq. ft. 75;000'sq. ft. 0,000 sq. ft. 5,000 sq. ft. 1.5,000 sr . Ft 75,000 sq. ft. Prea (G.F.A.I At Which Second 7 Loading Space E .is Required t a 200,000 sq. ft. 200,000 sq. ft. ic 000 sq. ft. 40,000 sq. ft. 40,000 s(7 t 200,000 sq. ft. t Which ach Addi .ional Space S Required One for each additional 250,000 sq.. ft. of GFP One for each additional 250,000 sq. ft. of GFT 3ne for each additional 7.00, 000 sq. ft f GFF Gne - eacl add 4 ti.ona l 60,000 sq. ft. c f GF1 I one for each additional 60, 000 sq. ft. of GFP One for each additional .250,000 scr. ft. of GFP Public utility es- tablishment with over 5,000 sq. ft. of GFA 75,000 sq. ft. 150.,000 sq. ft. One for each additional. 200,000 sq. ft. of GFA *S ace used for ambulance receiving at.a hospital is not to be used P i to meet these loading requirements. provided they are located in a lot, the closest point of which is within six hundred and fifty (650) feet of the building which. is intended to be served. Sec tion 8.10 - Parking and Icading Sp ace Standards All parking and loading areas containing over five (5) spaces, including automotive and drive -in establishments of all types, shall be either contained within structures, or subject to the following: 1. The area shall be effectively screened with suitable , planting or fencing on each side which adjoins or faces the side or rear lot line of a lot situated in any "R" District. 2. The area and access driveways thereto shall be surfaced with bituminous or cement concrete material and shall be graded and drained so as to dispose of all surface water accumulation in accordance with acceptable engineering practices. The location of spaces shall be suitably marked by painted lines or other appropriate markings. 3. A substantial bumper of masonry, steel or heavy timber, or a concrete curb or berm curb which is backed, shall be placed at the edge of surfaced areas except driveways n in order to protect abutting structures, properties and -! sidewalks and screening materials. 4. The layout of the parking area shall allow sufficient. space for the storage of plowed snow unless removal by some other means is provided. 5. Any fixture used to. illuminate any area shall be so ar- ranged as to direct the light away from the street and away from adjoining premises used for residential purposes. 6. There shall not be any business operation for vehicle repair for profit or gasoline or oil service facilities or any repair made to any motor vehicles, except on a lot occupied by a permitted automotive use. Any gasoline or oi.l facilities shall be at least twenty -five (25) feet from, any lot line. I There shall not be any storage of materials or equipment or display of merchandise within required parking area except as part of approved building operations. -�-/ H: Parking shall not. be located within fifteen (15) feet from the front. street line in any district. 8 -7 particular parking lot which caused the lot to exceed the seventy -five (75) car standard shall cause the provision of planting strips to be required in the - entire lot. All proposals to construct or. modify such. parking lots shall be reviewed by the Planning Board in light of the requirements of this Section. 16. Fire lanes or emergency access points required for buildings or other structures shall be protected from unauthorized parking through the provision of curbs„ mountable barriers, landscaped areas or such other improvements subject to the approval of the dire Chief and Chief of Police, which in turn meets the objective of precluding parking in the restricted area. 17. No unregistered motor vehicle shall be parked, stored, or otherwise placed in, on, or upon land in any district for a period of more than six (6) months subsequent to January 1 of any year or subsequent to the required regis- tration,date of a former nonresident; except as in herein- after provided. No.junk motor vehicle shall be parked, stored, or otherwise placed in, on,.or upon land in any district for a period of more than thirty (30) consecutive days except as follows: a. Unregistered automobiles may be parked, stored, or otherwise placed in, on, or upon land in a GE or HB District where such storage is 'necessary to a new or used car.sales establishment and where such storage is located on the same lot as principal use or on a lot immediately adjacent thereto but within the GB or HB District. b. Junk automobiles may be parked, stored, or otherwise placed in, on, or upon land in a GB or HB District where such storage is accessory to a business for the repair of vehicles and where such storage is located on the dame lot as the principal use or on a lot immediately adjacent thereto but within the GB or HE District, provided that the storage area shall be screened from outside view in a manner satisfactory to the Administrative Officer. lg. No private access street or driveway serving a parking lot for a nonresidential use shall cross property in a residen- tial district except with a special permit granted by the Board of Appeals under the provisions of Section 10.9. 8 -9 ARTICLE IX NONCONFORMING USES, STRUCTURES, An LOT'S Section Nonconformity b7 Initial Enactment or Amendment. The provisions of this section apply to actions in connection with nonconforming uses, structures and lots as created by the initial enactment of this Ordinance or by any subsequent amend- ment thereto. It is the intent of this Ordinance to discourage the perpetuity of nonconforming uses whenever possible. The lawful use of any building or land existing at the time of the enactment of this Ordinance may be .continued, except as other- wise provided. Section 9.2 - Extension and Alteration. 1. Any nonconforming use, except for agriculture, horti- culture, or floriculture, of any open space on a lot outside a structure, or of a lot not occupied by a structure, shall not be extended, except thB t a non - conforming principal or accessory use may be extended within the limits of the lot existing as of the date of adoption of this Ordinance and shall be in accor- dance with the dimensional and density regulations of Article VT. 2.. Any nonconforming principal use of a structure shall not be extended. 3, Ariv nonconforming accessory use of a portion of a structure or any conforming accessory use of a portion of a nonconforming structure may be extended up to a maximum of forty (40) percent of the existing structure. 4. Any nonconforming structure may be altered and the con - forming use extended throughout the altered portion, provided that-any resultant alteration shall not cause th.e structure to violate the dimensional and density regulations of the district in which it is located. 5. Any nonconforming structure or portion thereof, which has come into conformity shall not again become noncon- forming. Section 9.:3 - Residential Lot of Record. Any lot lawfully laid out by plan or deed duly recorded, or any jot shown on a plan en- dorsed by the Planning Board with the words "approval under the Subdivision Control Law not required", or words of similar import, which complies (at the time of recording, or such endorsement, 9 -j 2. Any nonconforming structure or any structure occupied by '(" 1 a nonconforming use, which is damaged by fire or other natural cause, may be repaired or rebuilt according to the dimensions and floor area. limitations of the original structure and used for its original use or a conforming use. 3. If restoration under 1 or 2 above is not started within one (1) year, and if not completed within two (2) years following the cause of the damage, the rebuilt or re- paired structure shall not be used except for a conform - ing use. Section 9.7 - Abandonment. Any nonconforming use of a conforming structure and lot which has been abandoned for a continuous period of two (2) year or more shall not be used again except for a conforming use. For agriculture, horticulture or floriculture, the abandonment period shall five (5) years. For purposes of this section, the.abandonment period shall not be broken by temporary occupancy except when such temporary occupancy is for a period of sixty (60') or more consecutive days. Section q. - Moving Any nonconforming structure shall not be removed. to any other location on the lo.t or any other lot unless every portion of such structure, the use thereof, and the lot shall be conforming. Nonconforming historical structures may be moved by special perrnat. from the Board-of Appeals. Section. 9.9 - Unsafe Structure. Any structure determined to be unsafe but not subject. to Section 9.6 may be restored to a safe condition, provided such work on any nonconforming structure shall be completed within one year of the determination that the structure is unsafe and it s'1all not place the structure in greater nonconformity; and provided further except for histori- cal structures, if the cost to restore any other structure shall exceed fifty (50) percent of its replacement value, it shall be reconstructed only as a conforming structure and used only for a confur�r.3 D. erection 9 1G - Agricultural Uses Notwithstanding above pro- . u of land for agricultural or horti- visions the contrary, cultural purposes as defined by Massachusetts General Laws, ch. 61A, sections :W and 2, and structures used exclusively for agri.cu;tural purposes (not to include processing, rendering, or packa�..in lants' shall be interpreted to be conforming uses \ l anywhe.�e. ir - �.= F �i.t r of Northampton_.. 9 -3 ARTICLE X ADMINISTRATION AND ENFORCEMENT Section 10.1 - Administrative Officer. It shall be the duty of ficer to administer and enforce the provi- the Administrative Ofsions o f this Ordinance. S ection 10.2 - Permit Requ It shall be unlawful-'for any owner or person to erect, construct, reconstruct, or alter a structure or change the use or lot coverage, increase the intensity of use, or extend or displace the use of any building or other structure or lot without applying for and receiving from the Administrative Of- ficer a zoning permit thefefor. For purposes of administration, structure may be such permit and application procedure involving a made at the same time and combined with the permit required under the Building Code. An application for a.zoning permit shall be submitted in trip- licate and shall be accompanied by a plan, accurately drawn showing the actual shape and dimensions of the lot to be built upon, the exact.location and size of all buidings or structures already con - structed, the average finished grade of all buildings or structures, together with the lines within which all buildings or-structures erected, the existing and .intended use of each building are to be or structure and such other information as may be necessary to pro- - A recorc' v foX the execution and enforcement of this Ordinance.. of all a pplications, Plans, and permits seacYi e roved on applicaticzn the Administrative Officer. One copy of PP for a zoning permit shall be submitted to the Board of Assessors and one copy to the City Engineer. The Administrative Officer shall take action in writing on an application for a permit, either grant- ing the permit or disapproving the application, within sixty (6 days of receipt of the application. Section 10.3 - Previous l L roved Permits. The status c`¢ pre- �s�; approved permits Shall be as determia ed ty. the Zoning Er?.a.1a'. Section 10.4 Certi of Use and Occ Required �•t• s'al"' be unlawful -to use or occupy any structure or lot th erect'er: altered unless Administrative Officer: has sued a Cer "tyf °' specified thereon, the use ?`.o cate of Use and Occupancy and has jot may be put. Applications for C'ertif i :-°awes; wri i ch 'e::`?e 5L`1'L ?cti ?2 e O?" of Use and Occu.pancy shal_1 be filed coincident with t'he appl.icat i.o�< ynT ;�er�n.�_ts. and shall. 'De i.ss�.xed or refused in wr}ting for cause 10 -1 have available the services of the City solicitor. in instituting (� the appropriate action or proceeding at law or in equity to prevent any unlawful action, use or condition and to restrain,, correct or abate such violation. If the Administrative Officer shall refuse or fail to so request the services of the City Solicitor, the City Council may require him to do so. Delay by the Administrative Officer in instituting said proceedings shall not be imputed to the City of Northampton. Penalties for violations may uon conviction, be affixed in an amount not to exceed fifty dollars ($50.00) for each offense. Each day, or portion of a day, that any violation is allowed to continue shall constitute a separate offense.. S ection 10 9 - Board of Appea 1. Membership - There shall be a Board of Appeals of three (3) members and two (2) associate members, ap- pointed as provided in Chapter 40A of the Massachusetts General Laws. 2. Powers - The Board of Appeals shall have the following powers: a. To hear and decide appeals as provided in Chapter 40A of the Massachusetts General Laws. b. To hear and decide applications for special permits - as provided in Chapter 40A of the Massachusetts General Laws. (See Section 3 below) C. To authorize upon appeal, or upon.petition in cases where a 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 Ordinance, as provided in Chapter 40A of the Massachusetts General Laws. 3. Special Permits - Certain uses, structures or conditions are designated as requiring special permits (SP) in the Table of Use Regulations, and elsewhere in this Ordinance. Upon written application duly made to the Administrative Officer for transmittal to the Board of Appeals, the Board may, in appropriate cases subject to the applicable condi- tions set forth in . Article XI of this Ordinance and else- - where, and subject to other appropriate conditions and safeguards, grant a special permit for such uses and no others. 10 -3 i Thc. Board a - ppeals shall also impose in addition _ to any a pplicable conditions specified in this Ordi- Hance such additional conditions as i.t finds reasona { ��1 appropriate to safeguard the neighborhood, -)r y of this Ordinance, in- otherwise serve the purposes eluding, but not limited to, the following. front, side or rear yards greater than the minimum required by this Ordinance; screening buffers or planting pecified by the Board; strips, fences, or walls, as s modification of the exterior appearance of the struc tures; limitation upon the size, number of occupants, method and time of operation, time duration of permit, lation of number and lo- or extent of facilities; regu cation of driveways, or other traffic features; and . parking or loading or other special fea- tures beyond the minimum. required by this Ordinance. Such conditions shall be imposed in writing, and the applicant. may be required to post bond or other se- curity for compliance with said condi.tinns in an ;,,..,. t satisfactory to the Board. d In order t :.lzat the Board of .\ppea,ls may determine Lhat. t.h(' ab,oWP- mentioned restrictions are to be met, ubmitted followin3 approval Zi site plan shall be s /.� Administrative Officer for review according t•.� the to the provisions of Section 10.11. F his review, and prior to the issuance of any permits ther.efui, the Administrative Officer shall forwarc tar and his comments and required changes c Appeals for its final appro "a 4, Time 'Limitations - No appeal or petition for a. variance from the terms Of this Ordinance with respect to a particular par- cel of land or the building thereon, and no application for special permit which has been unfavorably acted upon by the Board of Appeals shall be again. considered within two (2) ;�ea�s after the date of such unfavorable action except 'Lat as o ,� c ,�F 5 ded �.�•tapter 4UA of the Massachusetts. General" F?` j. 1U -5 traffic features.; and off- street parking or loading or other special features beyond the required by this Ordinance. Such conditions shall be imposed in writing, and the applicant may be required to post bond or other security for compliance with said conditions in an amount satisfactory to the City Council. 6. In order that the City Council may determine that the above- mentioned restrictions are to be met, a site plan shall be submitted following approval to the Ad- ministrative Officer for review according to the pro- visions of Section 10.11. Following his review, and prior to the issuance of any permits therefor, the Administrative Officer shall forward the site plan and his comments and required changes to the City Council for its final approval. Section 10.11 - Site Plans. Site plans, prepared and approved in accordance with this section, shall be required to assist the Administrative of in the review of certain applications for Zoning Permits and to assur.e compliance with all applicable requirements of this Ordinance. 1. A site plan shall be required and shall be submitted in each of the following situations: a. Any proposed residential, stitutional, or other use structure, or of a parcel any such use, structure, family detached dwellings business, industrial, in- of a new or renovated of land, or any change in or parcel, except for one - on separate Tots. b. Any non - residential use of a one-family dwelling. C. Any use requiring either a special.permit from the Board of Appeals or a special exception from the City Council. d. Any change in any condition or feature which is not in conformance with any feature of a previously ap- proved site plan. 2. The requirement for site plan may be waived upon request to in the following situations: submission and approval the Administrative Officer 10 -7. of such other officials of the City as are necessary to ensure compliance with the provisions of this Ordinance. The following general procedures shall be followed: a. Any application for a zoning permit (as required in Section 10.2) for a use or structure requiring site plan approval shall not be deemed complete until such plan is submitted. t 0 b. Before any site.plan is approved, and before any zoning or building permits may be issued, the Admin- istrative Officer shall notify the owners of all abutting properties by certified rail, stating that a site plan is pending approval, what the proposal involves, where it is located, and that the plan is available for review. Thereafter, five (5) working days must pass before approval may be given. C. The Administrative Officer shall have the authority to approve a site plan, approve with modifications, or return for changes or additional information, but shall not have the authority to.reject any plan.out- right except upon failure to cornpl_ with a specific provision of this Ordinance. In reviewing applications for zoning permits and site plans, questions as to appropriateness of use shall be the province of the zoning permit process while questions' as to physical arrangement of structures, parking, access, etc., on the lot shall be the province of site plan review. d. Any decision of the Administrative Officer shall be subject to the right of appeal to the Board of Appeals as provided in Section 10.9 (7). ?>RTICLE XI SPECIAL PEP,M `r AND SPECIAL EXCEPTION CONDITIONS In addition to the general conditions and procedures estab- lished in Sections 10.9 and 10.10 of this Ordinance for. all spe-- vial permits and special exception uses, the following additional. requirements and procedures shall apply as indicated for the following uses: Section 11.1 — Removal of Sand Gravel , . -)uarry or Other Earth , loam, scud Materials. For the remo \.gal of sand, gravel, quarry, or other earth materials, other than that which is incidental to and in connection with the construction of a building for which a permit has been issued in accordance with Article X, and for processing and treating raw materials, t?e following conditions shall govern: 1. Removal and processing operations shall. not be con ducted closer than fifty (50) feet.to a public street or to any property line. 2. The removal of soil, 1.oam, gravel, sand or other earth materials from land in any district which falls within { the Watershed Protection District is prohibited. 3. No equipment, except mobile equipment for sorting, wash- ing, crushing, grading, drying, processing, and treating, shall be used closer than one hundred (100) feet from any public street or from the Line of any adjoining pro - perty. 4. Off- street parking shall be provided as required in the Table o f off-Street Parking Regulations. 5. Any access to excavated areas or areas in the process of excavation shall be adequately posted with KEEP OUT - DPNGER signs. 6. No excavation, quarry, bank or work face extending under original ground level shall create a slope of more than to two horizontal. Such fence shall be io- one vertical cated ten (,10) feet or more from the edge of the exca- vation or quarry, and shall be at least six (6) feet in height. 11 -1 f The re"r cations of existing and future buildings and operations machinery to the removal areas. .4. U�l_ineation cf the existing removal areas and the )roposed area for removal in the immediate future. 11. I'rovi.sirn for a substantial- fence enclosing the excavation or quarry. 14. Reauired Reuse Plan It is recognized that land reuse of a removal site is in the public. interest. Therefore, land reuse plan(s) on a scale of one hundred (100) feet to the inch, and on standard twenty -four (24) inch by thirty -six (36) inch sheets must be submitted to and approved by the Board of Appeals following review by the Planning Board and the city Engineer, subject to the r.egulaticns set forth in the following paragraphs a. The Board of Appeals may require that up to five (5) approved alternative future land reuse plans be submitted for such land as is used for the extras - tion of sand, gravel, rock, loam, sod, and associa:'�::i earth materials. A land reuse plan is also required where an existing extraction operation is extended below the grade of adjacent ground. Five copies of /. each alternative "land reuse plan must Yee submittten to the. Board of Appe als by t -r,e developer... -�° grip eraenr ��o- a w b land reaW:e y ;1an and - S a �- -:1 i �o th -. conversion of the Abandoned site and its c:i.anrle: reuse, including landscaping nd suitable cwc;siori control. It is, therefore, required that c :ny lane; reuse plan correspond to a :situation whit "i - i co'c_16 reasonably occur in the immediate future (zee 'C) i 0'; t o five (5) years), and be revised as rle¢ essay �,' as tYle a�r.;_sting pliysical character of the removal area changes. C: The Lana rC.use plan or Lank/ part the-e sonabl_�i cl;` ?1.iE�< 'C.O l:` c1. :ev Which 1"1a,s .beFn abandon -Cis from r•'errova:i uses s.'itall be put into effect. within c ! l e a, of t' A e: abandonment. q, said operation: for :e'ilu purposes of this subsection si7w'�1 , ,;,;_i : _,`. tits;, t <' %visible or otherwise apparent In- _0 c,L the owner or user of the 1a to disco `r't;,a use of the land for a continuous period c- Temporary operating of less than �) 4- ( ors shall not be construed `c :;_ntF�:rr..•c - -� " GL C i' tt_._'lious3 period of �!bandonmer i Spction 1.1.• ? - ; cf i%ny Water or _.^let 7..rea For the filling i r , . Elily pond, lake, swamp, or other existing body of water or ` nr �:•, ,,;;,prr. such filling is not covered by inrticle XII; and fi.? 1 ing in of any swale, valley, or other area or depression, wl-.ere such filling in requires an amount of fill equivalent to Five, i�unr ?tied (500) ruhic yards or more, or where the area to be 1'i11..ec? i.n e::cceds ten th:.)usanc? (].0,000) square feet and only s ,,,�� f :•. ; .t t ilia eventu 1. approval by the Northampton Conservation Co-�m;i ss : under. the applicable provisions of State law on in- i he f_::110wing conditions apply: 1 site plan shall be submitted as required in Section 1f'.11, including the following additional information: a. tT premises and surrounding area within one hundred (1.00) feet showing; 1-). existing and proposed c?ntour lines at intervals of nct more than two (2)' feet resulting from the pro- posed filling in, in relation to the topography of the premises; C. a tie in to the nearest road intersection; a plan Fcr lighting if night operation is contem- plated. Provision sl.al1 be made for temporaty and permanent drainage of the site,. shall be limited to terrace fills which are not ?'i]_1s to exceed ten (1.0) feet at any one time nor be within ten (10) feet of an adjacent property line or any cut. Regrading of all or parts of the slopes resulting from such -fill shall be carried out. t.t least si }t (b) inches of topsoil shall be replaced ,vet all filled or otherwise distrubed surfaces with seeding with a perennial cover crop, reseeded as neces- sary to assure uniform growth and soil surface s.tabili Z atlon. 6. 0h:ere any fill will have a depth of ten (10) feet or more and create a slope of more than one vertical in two hori- I•ontal, there shall be a substantial fence enclosing the fill at least six (5) feet in height with suitable gates. � Such fence sha be located ten (le) feet or more from the edge of the fill. 11-5 2. Permit Pr.oce urea - The procedure for granting a special permit shall be as set forth in Article X of this ordinance for all.special permits except that special permits granted under this section shall be for a period not to exceed one year. For a continua - tion of an operation beyond a period designated in the initial permit, a new application must be made and a new special permit must be granted in the same manner as for the initial permit except that the Board may waive requirements for submittal of mate - rials required by this section. The waiver must be granted in writing by the Board to the applicant. All other provisions relating to operationalta dards and permit procedures shall apply. separate permit shall be required for each separate non -can- tiguous site, as for any expansion on the same site. 3. Required Site Plan - A site plan shall be filed with the Administrative officer for any land which is to be filled and is covered by either Article XI, Sec- tion 11.3 or Article XII of this ordinance and is not exempted under the provisions of Section 11.3(1)(2)• Site plans for fill areas shall be prepared and re- viewed according to 'the provisions of Section 10.11. in addition to Submission of site plans shall include �`- the material required in Section 10.11, the following: a, The premises and surrounding area within one hun- dred (100) feet showing the area to be filled in, property lines within which the filling is pro- posed, and tie -in to the nearest road intersection, existing and proposed contour lines at intervals of not more than two (2) feet resulting from the proposed filling in, in relation to the topogra - . phy of the premises. b'. The location of any buildings, structures, utili- ties, sewers, water and storm drains within one hundred (100) feet of the site. c. A certification of the quantity of fill involved. d. Detailed plans of all temporary and permanent drainage provisions, retaining walls, cribbing, vegetative practices, erosion and sedimentation control measures and all other protective mea- i sures and devices utilized or constructed in ` -� connection with the area to be filled. 11 -7 I h, Documentation shall be submitted as to the effect activities on drainage, both of such filling in 1 within the immediate area and sufficiently far downstream, as required by the Administrative Of- ficer and /or the Board of Appeals. i. Provisions shall be made such that the filling in of any land area shall not impair surface drainage, constitute an erosion hazard nor act as a source of sedimentation to any adjacent land or water- course. j, Provisions shall be made such that the filling in of any land area does not impair the safe and ef- ficient operation of any on -site sewage disposal or drainage facilities nor those located on adja cent properties. k. Provisions shall be made to reduce the area and duration of exposure of fill materials} and to reduce the velocity of run -off, both during and after the completion of the filling -in activity in order to minimize the potential of soil ero- sion and siltation problems. �- 1 Provisions shall be made for the adequate control of dust during filling -in operations. M. All disturbed fill areas shall be promptly seeded or sodded with a suitable ground cover and sup- plemented with other suitable plantings as soon as the season permits. n, No final slopes shall exceed a slope of more than one (1) foot vertical in two (2) feet.horizontal. o No filling in of land shall cause or permit any soil, earth, sand, gravel, rock, stone loam, or other fill material, or water or liquid to be de- posited upon or to roll, flow or work upon or over the premises of another without the express consent nor of the owner of such premises so a ffected; an shall any filling in of land cause or permit y soil, earth, sand, gravel, rock, stone loam, or other fill material or water or liquid ntorbe de- posited, or to roll, flow, or wash any public street, street improvement, road, sewer, storm drain, waster course, or right- of-sy, or any public property. 11-9 2. Where the subdivision of lots is involved, the develop ment shall be subject to review and approved1by the Plan- ning Board under the Northampton Subdivision Regulations. 3.. The following use and density requirements shall apply in lieu of the similar provisions of the Table of Use Regulations and the Table o Dimensional f l and Density Regulations. All other provisions of the latter shall apply. Distri .. SR UR -A Permitted uses One family dwellings One family, two family and three family dwellings Multi- family dwell- ings, not to exceed three stories One family, two fam- ily and three family dwellings and town houses Minimum Minimum Minimum clustered lot side lot area* width setback IN 10,000 10,000 per. family 10,000 plus 2,000 per bedroom 85 10 80 10 120 5,000 per family 75 ** 40 between structures one family 10 other 20 ** Multi- family dwell- 5,000 plus .ings not to exceed 500 per 120 30 three stories bedroom *The minimum clusteredIlot area is the land area required for the siting of each residential building exclusive of , and common land. The total number of units area, open space shall be determined by sub- section 5 below. * *Except townhouses The tract for which a Cluster own time e at the proposed shall be in a single time of application and shall not be less than twelve (12) acres in size. its in the development The maximum number of dwelling units ,total tract area (l Ketland) by shall be computed the density i shown below for the appro- priate zone: 4. 11 -11 i • Such organization shall not be dissolved nor shall it dispose of any common open space by sale or otherwise (except to an organization conceived and organized to own and maintain the common open space), without first offering to dedicate the same to the City. Covenants creating such organization shall provide that in the event the organization established to own and main - tain common open space, or any successor organization, shall at any time after establishment of the devel.nomp-t fail to maintain the common open space in reasonable order and condition in accordance with the development plan, the City may serve notice in writing upon such organization or upon the residents of the development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall contain a demand that such deficiencies of maintenance be cured within thirty (30) days thereof, and shall state the date and place of.a public hearing thereon which shall be held within twenty (20) days of the notice. At such hearing the City may modify the terms of the original notice as to the deficiencies and may grant an extension of time ,- within which they shall be cured. If the deficiencies �. set forth in the original. notice or in the modifications thereof shall not be cured within said thirty (30) days or any extension thereof, the City in order to the taxable values of the properties within the devel- opment and to prevent the common open space from be- coming a public nuisance$ may enter upon said common open space and maintain the same for one year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said one -year period, the City shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice in writing to such organization or to the residents of such development, to be held by the City Council, at which hearing the organization shall show cause why such maintenanc by the C ity a s h all nt, at the election of the Cou ceeding one -year period. If the Council shall determine that such organization is ready and able to maintain the common open space in reasonable condition, the City shall 11 -13 Section 11 .5 - Planned Unit Devel opment. For development in a planned unit concept for uses including among others., residential, business, and institutional, and not subject to the Table of Di -' mensional and Density Regulations, the following conditions shall apply: 1. A development plan for the entire tract at a scale of one (1) inch equals one hundred (100) feet, prepared by a land s*veyor or registered professional engineer, shall be submitted to the Administrative -officer for review and forwarding to the Board of appeals,. and shall show in addition to other items as may be required at least the following: a: A location plan at a scale of one inch equals 1,200 feet. b. plTo foot contours on the tract and within fifty (50) feet thereof. C. The location and acreage of areas to be devoted to specific uses. d. Existing and proposed streets, parking areas; drain - /` age and utility systems, landF street light - ing, fire alarm systems, sidewalks, easements, and natural features. e. A table showing the number and types of residential dwelling units, the number of bedrooms and the amount of living space within each, the gross floor area of non - residential space by type of proposed use; the number of parking spaces required by each activity and the number made available; the amount of open space required, and the amount to be retained; and, if more than one stage or phase of development is pro- posed the proportion of each of the above figures to be undertaken or provided within each phase. f. A separate plan showing the location of - parks, open recreational areas and other open spaces, schools, and other public community uses. Prior to forwarding the plan to the Board of Appeals, it shall be reviewed for accuracy and completeness by the City Engineer, who shall.respond within ten (10) days. 1 A copy of the plan shall be mailed to the Planning Board for its advice and comment. Failure of the Planning Board to reply within thirty (30) days of the C:.,_ use sh a i. l not %e r e t r i, r; t e d b6 boundary. 7„ At least twenty (20) percent of the total tract area (of which at least fifty (50).percent shall neither be wetlands nor have a slope of over five (5) percent) shall be set aside as common land. A functional rela- tionship shall exist between open I areas and proposed developments. Such common land shall be restricted to open space r.ec -- reational uses such as totlot, park, playground,. play field, golf course, or conservation area. Such common land shall have suitable access to a street and shall conform to the requirements of the Northampton S ubdivision Regulations in effect at the time of appli- cation. s? Such common land shall be neither deeded to the City at. no cost (but only with the consent of both the Planning Board and the City Council) or shall be conveyed to an. organization or the legal entity established for the purpose of owning and maintaining such common land. Such organization shall be created by covenants running, with the land, and such covenants shall be included with. .the submitted development plan and shall be subject to approval by the City Solicitor. Such organization shall not be dissolved nor shall it dispose of any common open space by sale or otherwise (except to an organization conceived and organized to own and maintain the common.open space), without fi.rs•-: offering to dedicate the same to the City. Covenants creating such organization shall provide that in the event the organization established to own and ma-"_n- tain common open space, or any successor organization, shall at any time after establishment of the developmer.!.'_:. fail to maintain the common open space in reasonable order and condition in accordance with the development. plan, the City may serve notice in writing upon such organization or upon the residents of the development setting forth the manner in which the organization has failed to maintain the common open space in reasonable condition, and said notice shall contain a demand that such deficiencies of maintenance be cured within thirty (30) days thereof, and shall state the date and place 11 - -17 The covenants shall provide that each dwelling unit shall have an equal say in determining the affairs of the organization; that costa shall be assessed equally (� to each dwelling unit; and that the organization shall be retained in the control of the developer no longer than until a majority of dwelling units are conveyed to permanent owners. Where appropriate, and with the approval of the City Council, by virtue of the large size of a development or of the diversity of uses or dwelling types therein, more than one separate and distinct organization may be created.. Separate organizations may not be created however, where one might be too small (in terms of the number of lots included) to operate efficiently, or , one-has a responsibility for too large or costly (to maintain) parcel of open space in proportion to that under the responsibility of other organizations within the same development. g. The remaining eighty (80) percent of the land area may be developed for residential, community facilities, and and business uses. In considering the application, the Board shall determine the need for sites for community facilities such as schools, playgrounds, fire stations, and the like. Where such a need is found, appropriate sites within the development shall be set aside. P site so reserved shall remain available for purchase by the City for three (3) years from the da -te c final approval. of the PUD. 10. The maximum number of units in the development shall be computed by multipibelawefortthetr�ppropriatelzonew,etlarids) by the density shown RR 1.00 dwellin units per acre SR 1.30 dwelling units per acre URA 2.00 dwelling; units per acre URB 7.00 dwellinE. units per acre URC 10.00 dwelling units per acre CB 12.00 dwelling units per acre HB 7.00 dwelling units per acre SI 5.00 dwelling units per acre Fractions over one --half may be increased to the nearest whole unit, and fractions under one -half shall be decreased to the nearest whole unit. No density credit shall be com- puted for lands for public facilities or improvements to ezisting roads where such lands are to be sold to the City. Credit may be computed where such lands are donated without cost. 11-19 _ Section 11 .6 -.Heavy Publi Use For a special exception from 1 the City Council for the construction of, development of, or - public use, the following conditions. use of any lot for a heavy shall apply: 1. A statement shall be submitted indicating the need for the facility or use and the rationale for its development, the criteria used in selecting a site, and the location of all alternative sites considered, and the reasons for not selecting them. 2. A plan for the use of the site shall be submitted to the Administrative officer for transmittal to the City Council, showing, in addition to the material required in Section 10.11, the following: a. Two (2) foot contours on the parcel and within fifty (50) feet thereof. b. The location and dimensions of all buildings, structures, and exterior use areas, including all parking areas and driveways. r C. The location of buffer strips, screening provi- sions (with details attached) , and areas to be preserved in a natural state, all these to be sufficient to preclude visability of the uses and structures from adjoining parcels. d. Such other facts as the City council may require. 3. In considering an application for a heavy public user the City Council shall be particularly cognizant of potential noise, odors, or other detrimental environ- mental nuisances which might be generated; of traffic and the ability of the local street network to accom- modate increased traffic; of the ability of the.utilit�` systems to accommodate any increased demands which might be placed upon them by the' proposed use; and o.f the applicable provisions of the adopted comprehensive plan of the City. 11 -21 ARTICLE XII ENVIRONMENTAL PERFORMANCE STANDARDS Section 12.1 - Any use permitted by right., by special permit, or by special exception in any district shall not be conducted in a manner as to emit any dangerous, noxious, injurious, or otherwise objectionable. fire, explosion, radioactivity or other hazard; noise or vibration; smoke, dust, odor or other form of environmental pollution; electrical or other distur- bance; glare; liquid or solid refuse or wastes; conditions conducive to 'the breeding of insects, rodents, or other sub- stance, conditions or element in an amount as to affect ad- versely the surrounding environment. 1. In meeting these objectives, the following general stan- dards shall apply: a. Emissions shall be completely fined within the building, or prevent any nuisance, hazard, from being perceptible (witho ments) at any lot .line of the use is located. and effectively con - so regulated as to or other disturbance ut the use of instru- premises on which the b. All activities and all storage of flammable and ex- plosive materials at any point shall be provided with adequate safety devices against fire and explosion and adequate fire- fighting and fire - suppression de- vices and equipment. C. No emission which can cause any damage or irritation to the health -of persons, animals or vegetation or which can cause excessive soiling, at any point, shall be permitted. d. No discharge, at any point, into a private sewerage system, stream or the ground, of any material in such a way, or of such a nature or temperature as may con- taminate any running stream, water supply or other - wise cause the emission of dangerous or objectionable elements and accumulation'of wastes conducive to the breeding of rodents or insects shall be permitted. e. No emission of odorous gases or odoriferous matter in such quantities as to be offensive shall be permitted. 12-1 ARTICLE XIII \ SPECIAL F1fJOD PLAIN DISTRICT Section 13.1 The purposes of this district are. 1. To protect the public .health and safety, persons and property against the hazards of seasonal and periodic flooding; 2, To protect the entire community from individual choices of land use and development which require subsequent public expenditures for public works and disaster relief; 3„ To provide that lands in the City of.Northampton subject Co seasonal or periodic flooding as described herein- after, shall not be used for residence or other purposes in such a manner as to endanger the health or safety of the occupants thereof; To assure the continuation of the natural flow pattern of the water courses within the City of Northampton in. order to provide adequate and safe floodwater storage and conveyance capacity to protect persons.and property' against the hazards of flood inundation, including damage from erosion, increased flood heights and veloci ties-, To protect, preserve and maintain the water table and water recharge areas within the City so as to preserve present and potential water supplies for the public health and safety of the residents of the City of Northampton; 6. To provide for the continued functioning of the river flood plain /wetland as a natural system. The object and requirement is to avoid activities in the flood plain /wetland which would interfere with natural food chains.that support a myriad of living things recog- nizing that they serve mankind.and all other life in assimilating waste, producing food, conserving water, and maintaining stability which has been called the balance of nature. Proper use of the flood plain /wet- bands is considered to be sect, as would secure theft. benefits to all its users. �J , Tc consider flood, .plait= management programs; in neigh - boring area. 13 -1 2. A site plan at a scale of 1" = 100', prepared by a registered land surveyor or registered professional civil engineer, showing at least the following: (a) the location, boundaries, and dimension of each lot in question; (b) five (5) foot contours of the existing and proposed land surface and within fifty (50) feet of the tract; (c) the location and acreage of areas to be devoted to specific uses; (d) the area and locations of existing and `proposed structures, watercourses, and drainage easements, means of access, drainage, sewage disposal facili- ties, leaching fields, parking areas, utilities, and landscaping; (e) the elevation of the basement and first floor. Section 13.6. For any development of land within the SC Dis- trict, the following conditions shall apply: 1. The floor of the basement, or none, the lowest floor of new construction or substantial improvement of struc- tures residential uses shall be at or above the 100 year flood level. 2. The floor of the basement, or if none, the lowest floor of new construction or substantial improvement of struc- tures for non - residential uses shall be at or above the 100 year flood level or flood - proofed in compliance with the requirements of the Massachusetts State Build- ing Code. 3. Structures shall be so designed, constructed, and se- cured to prevent flotation, collapse, or lateral movement of the structure during flooding, and to be consistent', with the need to minimize flood damage. 4. There shall be no danger of pollution to public or on -site water supply facilities due to the location or eleva- tion of the building, filling of the area, infiltration of flood waters, or for other reasons. 13 -3 ARTICLE XIS?' WATERSHED .PROTECTION DISTRICT C -1 Section 14.1.- The purpose of this district is: 1. to preserve and protect the streams and.other water - courses in the City of Northampton and their adjoining' lands; 2. to protect the health and safety of persons and pro - perty against the hazards of flooding and contamination, as specified in Section 13.1; 3. to preserve and maintain the ground water table for. water supply purposes, and protection of adequate base flows of streams and rivers; 4. to protect the community against the detrimental use and development of lands adjoining such watercourses; 5. to conserve the watershed areas of the City of Northampton for the health, safety, and welfare of the public. Section 14.2. - The Watershed Protection District is superimposed over any other district established by this ordinance. The rule€, for this superimposed district shall be in addition to, rather than in place of, the rules for such other districts. The boundaries of the district shall be as shown in the Zoning beMap o- the City of Northampton. Where such boundaries appear hundred (100) feet horizontally from the normal high water line of a stream or pond, the boundary shall be interpreted as lying one hundred (100) feet horizontally from such normal high water line of the stream or pond. Section 14.3. - Municipal use, such as waterworks, pumping statmong section. Land in the Watershed and parks, is permitted under this Protection District may be used for any purpose otherwise permitted in the underlying district except that: 1. No structure intended for human. occupancy or use on a permanent basis having water and sewerage facilities and no other building, wall, dam or structure shall be erected, constructed, altered, enlarged, or other- _ & , r ise created or moved for any purpose unless a special permit from the ward of Appeals is is 14 -1 (d) the area and locations of existing and proposed structures, watercourses, and drainage easements, (� 1 means of access, drainage, sewage disposal facili ties, leaching fields, parking areas, utilities, and landscaping; (e) the elevation of the basement and first floor. Section 14.6. - For the development of land within the district, the following conditions shall apply: 1. The lot(s) shall be served by a public water system, designed so as to minimize or eliminate infiltration o f flood waters into that system. 2, if the lot(s) is to be served by a public sewerage system, the sanitary system shall be designed to mini- mize or eliminate infiltration of flood water into the System and discharges from the system into flood waters. 3. If the lot(s) is to be served by an on-lot ieitictsystem, the following conditions shall apply in those otherwise listed in this section: ' a. The leaching area designed for use, as well as a (, ` reserved area for future . expansion or total future use shall be plotted with dimensions on the site plan. b. A minimum of two percolation tests per leaching area shall be performed during the last two weeks of March or the first three weeks of April, or two test borings per leaching area shall be performed as a substitute for percolation tests. The test borings may be performed during other times of the year, but shall be accompanied by a detailed report compiled by a soil scientist or qualified engineer. c. The leaching area not be constructed in areas where the maximum groundwater elevation is less than four (4) feet below the bottom of the leaching area. 4. a. The floor level of areas to be occupied by human beings as living or wo ve e seasonal high water l than four (4) feet above table. b. If the basement floor level is below the seasonal high water table and affords the possibility of 14 -3 r section 1 - Tne Board c >f Appeals shall not take final action on an application for a special permit hereunder until it has received a report thereon from the Administrative Officer, the Inspector o-f Buildings, the Board of Health, the Conservation Commission, and the Planning Board, or until thirty (30) days have elakised after receipt of such plan without the submission of a report. The Board of Appeals shall give due consideration to all reports and, where its decision differs from the recom- mendations received, shall state the reasons therefor in writing. The Board may, as a condition of approval, require that effective notice be given to.prospective purchasers, by signs or otherwise, of past flooding of said premises, and the steps undertaken by the petitioner or his successor in title to alleviate the effects of the same. Section 14.8 - No occupancy permit shall be issued until the Administrative officer has received and transmitted to the Board of Appeals, the Inspector of Buildings, the Board of Health, the Conservation Commission, City Engineer, and the Planning Board a certified plan showing the foundation and floor elevations, grading of the premises, elevations of the completed construction, and all elevations of the various elements that make up the sew- age disposal system, and that all requirements of all permits are satisfied. Section 14.9 - The portion of any lot in the District may be used to meet the area and yard regulations for the District in which the remainder of the lot is situated, provided that no more than fifty (50) percent of the lot area is within the Water- shed District. _ .. 14 -5 AREA, YARI3, AND IIY,IC;jm ItI;GULATIONS Section 17 —LOT SIZE.- , • 11 be exec ��d in Reside r ��;;" ai.:✓trict on a lot lc:::: L rin one rlunc)red i pride except that lo-s less than or.!� hundred feet o 4 may be built on as r- rovided in ::ect'ion 5A of Chapter 40A of the General La:ro o£ iias-sacrusetts p.- ovided that all other yard reQuire=ents are fulfilled. Section 18. Front Ynrd:.. In n Residence "A" district, no building- shall be built legs tlla:l twenty (`'0). feet from the street line provided that r�o i major building; need be set back more than the average of the setbacks of the buildings on the next lots on either side if both i t these lots have major buildings built thereon. 295 � R, } , V ' "I" i ' !Yi C, 44, �, 17 Zo � ro Ors,ryAxc�: C. � 5 1v i Any business in operation -it the time of this ordi- nance i4 passed may expand on thezme l with. the permis- sion of the I;uilding; Inspector. Any non - conforming use may 1xe ch, . ed to another confornlipg use or any, non- confo; ruin;; building May he re- non- built or- repaired on permit from the Loard of Appeals, such neNv use or reconstructed building not to l>e substantially dif- l ferent in character or more detrimental or objectional to the l neighborhood. (d) Whenever a non - conforming; usc'ha►s been Chang eci to a more restricted or conforming; use it shall not again be changed to a less restricted use. (e) When any non - conforming use hats been discontinued for a period of two (2) years it shall not be re- establi ;lied, and `. future use shall be in conformity with this ordinance. However, in. the matter of non- conformina.Iand used for -u:;e must aa;•iculture, horticulture, or floriculture, such non have continual for at'least a years. AREA, YARI3, AND IIY,IC;jm ItI;GULATIONS Section 17 —LOT SIZE.- , • 11 be exec ��d in Reside r ��;;" ai.:✓trict on a lot lc:::: L rin one rlunc)red i pride except that lo-s less than or.!� hundred feet o 4 may be built on as r- rovided in ::ect'ion 5A of Chapter 40A of the General La:ro o£ iias-sacrusetts p.- ovided that all other yard reQuire=ents are fulfilled. Section 18. Front Ynrd:.. In n Residence "A" district, no building- shall be built legs tlla:l twenty (`'0). feet from the street line provided that r�o i major building; need be set back more than the average of the setbacks of the buildings on the next lots on either side if both i t these lots have major buildings built thereon. 295 � R, } , V ' "I" ,�. �� u. -- I AR:TICL,E XV a AMENDMENT, VALIDITY, AND EFFECTIVE DATE Section 15.1.. - Amendme This Ordinance may be amended from time to time in accordance with Section 6 of the Zoning Enabling Act. During the amendment procedure, subdivision plans in pro- cess of reveiw by the Planning Board under the Subdivision Control Law shall be subject to the provisions of the Zoning Enabling Act. Section 15.2. - Validity The invalidity, unconstitutionality, or illegality of any provision of this Ordinance or boundary shown on the Zoning shall not have any effect upon the validity, constitutionality, or legality of any other provision or boundary. Section 15.3. - Effective Date This Ordinance shall take effect on its enactment. 15 -1 4 a. human occupancy at some future date, although not originally intended, adequate perimeter drainage and foundation shall be installed to withstand the effect of pressure and seepage. Furnace and utili- ties are to be protected from the effects of leaching. C. The floor of the basement, or if none, the lowest floor of new construction or substantial improvement of structures for residential uses shall be at or above the 100 year flood level. d. The floor of the basement, or if none, the .lowest floor of new construction or substantial improvement of structures for nonresidential uses shall be at or above the 100 year flood level or flood proofed in compliance with the requirements of the Massachusetts State Building Code. 5. a. Utilities shall be located and constructed so as to minimize or eliminate flood damage. b. Adequate methods shall be provided for disposal of sewage, refuse and other wastes resulting from the uses permitted on the site. Adequate drainage shall be provided so as to minimize flood damage. C. The applicant shall show that the proposed develop- ment will not endanger health and safety, including safety of gas, electricity, fuel, and other utili- ties from breaking, leaking, shortcircuiting, grounding, igniting or electrocuting; obstruct or divert flood flow; substantially reduce natural flood water storage capacity; or increase storm water run -off velocity so that water levels on other land are substantially _raised or the danger from flooding increased. 6. Safe vehicular and pedestrian movement to, over, and from the premise should be provided with the exception that all roads and driveways shall be at or near grade level to prevent unwarranted diking. 7. No use or land filling will raise the 100 year flood level more than one (1) foot at any point. 14 -4 \ J 2. Dumping, filling, excavating or transferring of any i earth material within the Watershed Protection District is prohibited. unless a special permit from the Board -" of Appeals is issued. 3. No ponds or pools shall be created or other changes in watercourses, for swimming, fishing or other recreations -1. uses, agricultural uses, scenic features or drainage improvements or any other uses unless a special from the Board of Appeals is issued. Section 14.4 - Any person desiring such a permit shall submit an application to the Administrative Officer for transmittal to the Board of Appeals which shall comply with the conditions and submittal requirement as listed in the following paragraphs. (Such conditions shall include, where applicable, approval by the Conservation Commission, the Massachusetts Department of Public Works under Chapter 131 of the General Laws, acts },elatlltc� to the protection of inland wetlands of the Commonwealth.) The application procedure shall be the same as for special permits. Copies of the application for the special permit and 'accompanyiri.Q. plans shall also be sent to the Board of Health, the Conservationw Commission, and the Planning Board for their recommendations to the Board of Appeals. Section 14.5 - The application for a special permit for a "xsel- in the Watershed Protection District shall include the fo�.lowJI. ` .Qu;:: 1. A location plan at a scale of 1" = 1,200° showing the. lot(s).to be developed, lot(s) lines within which the development is proposed, and tie-in to the nearest road intersection. 2. A site plan at a scale of I" = 100 prepared by a registered land surveyor or registered professionzi . civil engineer, showing at least the following: (a) the location, boundaries, and dimension of each lot in question; (b) five (5) foot contours of the existing and proposed land surface and within fifty (50). feet of the tract;. (c) the 3oc&tion and acreage of areatbu c.::r': be devo , .fed t: specific uses; 14.2 . S. Utilities shall.be so located and constructed as to minimize.or eliminate flood damage. 6. Adequate methods shall be provided for disposal of sewage, refuse and other wastes resulting from the uses permitted on the site. I Adequate drainage shall be provided so as to minimize flood damage. 8. Safe vehicular and pedestrian movement to, over, and from the premises should be provided with the excep- tion that all roads and driveways shall be at or near grade level to prevent unwarranted diking. g. No use or landfilling will raise the 100 year flood. level more than one (1) foot at any.,point. 13-4 a Section 13.2 The Special Flood Plain District shall generally cover the area contained within the flood plain of the Connecticut River, and is specifically that area shown as "SC" on the Zoning Map of the City of Northampton. Section 13.3 Land in the Special Flood Plain District may be used for the purposes permitted in the district as set forth in the Table of Use Regulations. Where such uses are allowed by special permit, the conditions of Sections 13.4 and 13.5 shall apply. Section 13.4 Any person desiring a special permit for a use within the Special Flood Plain District shall submit an applica- tion to the administrative Officer for transmittal to the Board of Appeals, which shall comply with the procedures set forth in Section 10.9(5)(b) and shall further comply with the conditions and submittal requirements set forth in paragraph 5 below. Copies of the application and of accompanying plans shall also be sent to the Board of Health, the Conservation Commission, and the Planning Board for their review and recommendation to the Board of Appeals. The Board of Appeals shall not take final action on an application for a special permit hereunder until it has received a report thereon from the Administrative Officer, the Board of Health, the Conservation Commission, and the Planning Board, or until thirty (30) days have elapsed after receipt of such plan without the .submission of a report. The Board of Appeals shall give due consideration to all reports and, where its decision differs from the recommendations received, shall state the reasons therefor in writing. The Board of Appeals may, as a condition of approval, require that effective notice be given to prospective purchasers, by signs or otherwise, of past flooding of said premises, and the steps under- taken by the petitioner or his successor in title to alleviate the effects of the same. Section 13.5 The application for a special permit for a use in the Special Flood Plain District shall include the following: 1. A location plan at a scale of lots to be developed, lot(s) development is proposed, and intersection; I" = 1,200' showing the lines within which the tie -in to the nearest road � 13 -2 f. No direct or sky - reflected glare, whether from flood lights or from high temperature processes such as welding shall be permitted when -it is determined that it will be hazardous or obnoxious. g. Activities that emit dangerous radioactivity, at any point, shall be controlled in accordance with all regulations of the Atomic Energy Commission. h. No electrical disturbance adversely affecting the operation at any point, of any equipment, other than that of the creator of such disturbance, shall be permitted. i. Noise and vibration shall not be allowed which causes a disturbance to residents and /or occupants of adjacent properties. vo exceptionally 1oud.or distinctive noise shall be allowed between the hours of 10:00 PM and 7:00 PM., 2. In enforcing these standards, the Administrative Officer shall call upon specific standards, technical specifica- tions, and the technical expertise of such appropriate federal, state, or regional agencies having an interest in the specific kind cf environmental disturbance under question, including, but not limited to the Federal Environmental Protection hgency, the Massachusetts Executive Office for Environmental Affairs, the Massa- chusetts Department of Natural Resources, the Atomic Energy Commission, the Federal. Communications Commission, etc. 3. When reviewing an application for a zoning permit as re- quired in Section 10.2, the Administrative Officer may require.the submission of a statement from an independent authority qualified in addressing a specific type of en- vironmental concern indicating that the proposed struc- ture and /or use will not constitute a detriment to the community with respect to that particular environmental concern. 12-2 �� <_� r� `_ 11. The net resid density within the residentially developed area of a Planned.Unit Development shall not exceed thirty (30) dwelling units per acre. 12. Detached buildings shall be at least fifty, (50) feet from the perimeter of the Planned Unit Development. 13. Buildings shall not exceed eight (8) stories in height. Buildings of greater height may be allowed as long as the minimum distances required in paragraph 12 above be increased by one foot for each two feet of height over eighty (80) feet. 14. The development shall be served by both a public water and public sewerage system. 15. A11 shall be posted using standard street signs. 16. The proposal shall conform to the provisions of the Future Land Use Plan as contained in the adopted North- ampton Comprehensive Plan with regard to density and overall distribution of density and to location of open spaces and general arrangement of community facilities and roads. 17. At any one time not more than forty (40) percent of the total dwelling units shall be of one type (such as sin- gle- family, town houses, garden apartments, high rise apartments) or bedroom composition. 18. Where a Planned Unit Development is to be developed in phases, each phase shall contain a proportionate share of the total number of dwelling units, non - residential floor space, parking, and open space. No phase shall proceed until construction within all proceeding phases is under way to the satisfaction of the Board of Appeals. 19. The off - street parking requirements may be reduced where a common parking area(s) serve clusters of business de- velopment. However, reduction in parking space require- ments shall not exceed more than ten (10) percent of those required under normal application of the require- ments set forth elsewhere in this Ordinance. 20. signs shall be governed by the regulations of Article Vii as applied to the uses in the Planned Unit Development except that.projecting signs shall not be permitted. 11-20 i of a public hearing thereon which shall be held with:i.ls twenty (20) days of the notice. At such hearing the City may modify the terms of the original notice as to 1 the deficiencies and may grant an extension of time within which they shall be cured.. If the deficiencies set forth in the original notice or in the modifications thereof shall not be cured within said thirty (30) days or any extension thereof, the City on order to preserve the taxable values of the properties within the devel- opment and to prevent the common open spare from be- coming a public nuisance, may enter upon said common open space and maintain the same for one year. Said entry and maintenance shall not vest in the public any rights to use the common open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration of said one -year period, the City shall, upon its initiative or upon the request... of the organization theretofore responsible for the maintenance of the common open space, call a public hearing upon notice in writing to such organization or to the residents of such development, to be held by the City Council, at which hearing the organization shall show cause why such maintenance by the City shall not, at the election of the Council continue for a suc- ceeding one -year period. If the Council shall determine f � that such organization is ready and able to maintain the �) common open space in reasonable condition, the City shall cease to maintain the common open space at the end of said one -year period. If the Council shall determine that such organization is not ready and able to maintain the common open space in a reasonable condition, the City may, in its discretion, continue to maintain the common open space during the next succeeding year, and subject to a similar hearing and determination in each year there- after. The covenants creating such organization shall further provide that the cost of such maintenance by the City.. shall be assessed ratably against the properties within the development that have a right of enjoyment of the common open space, and shall become a charge on said properties, and such charge shall be paid by the owners of said properties within thirty (30) days after re- ceipt of a statement therefor. 11 -18 f 1 receipt of the referred development plan shall be .deemed to constitute its approval. 2. The tract shall be in common ownership or control and the plan for the tract shall be subject to the approval by the Planning Board under the Northampton Subdivision Regulations. In each district in which a Planned Unit Development may be allowed, the following shall be the minimum area of a tract upon which a Planned Unit Development may be per- mitted: RR - 100 contiguous acres SR - 75 ,contiguous acres UR -A 50 contiguous acres UR -B - .25 contiguous acres All others - 5 contiguous acres 3. The development may be totally new development or it may incorporate existing development either in its present form or as altered through rehabilitation, however the participation of all owners concerned shall have to be demonstrated. 4. The following uses shall be permitted: residential U .including single - family, two - family and three- family houses, town houses and multifamily dwellings; community facilities (religious or, educational; membership club for exclusive use of the residents of the planned unit development; public recreation or open space; fire sta- -tion); public transportation terminal facility; and business (retail or service) establishment not exceeding 5,000 square feet in gross floor area. 5. For a planned unit development in the residential dis trict the business gross floor area shall not exceed a maximum of fifty (50) square feet per dwelling unit. For a planned unit development in the business or in- dustrial districts, the gross floor area devoted to residential use shall not exceed twenty (20) percent of the gross floor are -a devoted to non - residential uses. 6. For a planned development where the tract includes land in both the residential and the business districts, the proportion of any type of.development at any one time shall be computed by applying the limits contained in paragraph 5 above to those portions of the total tract in each district. However, the location of each type 11 -16 cease maintain the common open space at the end of said one -year period.. If the Council shall determine that such organization is not ready and able to maintain the common open space in a reasonable condition, the City may, in its discretion, continue to maintain the common open space during the next succeeding year, and subject to a similar hearing and determination in each year there- after. The covenants creating such organization shall further provide that the cost of such maintenance by the City shall be assessed ratably against the properties w.it': the development that have a right of enjoyment �t tint: c:Dmmon open space, and shall become a charge on said properties, and such charge shall be paid by the owners of said properties within thirty (30) days after re- ceipt of a statement therefor. The covenants shall provide :that each dwelling unit shall have an equal. say in determining the . affairs of the organization; that costs shall be assessed equally to each dwelling unit; and that the organization shall be retained in the control of the developer no longer ��` than until a majority of dwelling units are conveyed to permanent owners. Where appropriate, and with the approval of the City Council, by virtue of the large size of a development or of the d.iversity of uses or dwelling types therein, more than one separate and distinct organization may be created. Separate organizations may not be created' however, where one might be too small (in terms of the number of lots included) to operate efficiently, or.where one has a responsibility fcr too . .large or costly (to maintain) parcel of open space. in proportion to that under the responsibility of other oraanizations withi the same development. 11 -14 8R •95 dwelling units per acre SR 1.25 dwelling units per acre URA 1.95 dwelling units per acre URB 3.90 dwelling units per acre URC 4.00 dwelling units per acre Fractions over one -half may be increased to the nearest whole unit, and fractions under one -half shall be de- creased to the nearest whole unit. No density credit shall be computed for lands for public facilities or Improvements to existing roads where such lands are to be sold to the City. Credit may be computed where such lands are donated without cost. 6. The proposal shall conform to the provisions of the Future Land Use Plan as contained in the adopted North- ampton Comprehensive Plan with regard to density and overall distribution of density and to location. of open spaces and general arrangement of community facilities and roads. 7. The development shall be served by both public water and sewerage systems except that a cluster development in the RR or SR districts for single family dwellings need not be served with the public sewerage system as long as the clustered lot area is 20,000 square feet or greater. 8. At least ten (10) percent of the total tract area (of which at least .fifty (50) percent shall be neither wet- land, nor have a slope of over five (5) percent) shall be set aside as common land. A functional relationship shall exist between open areas and proposed clusters. Such common land shall be restricted to open space recreational uses such as totlot, park, playground, play field, golf course, or conservation area. Such common land shall have suitable access to a street and shall conform to the requirements of the Northampton Subdivision Regulations in effect at the time of appli- cation. 9. Such common land shall be either deeded to the City at no cost (but only with the consent of both the Planning Board and the City Council) or shall be conveyed to an organization or the legal entity established for the purpose of owning and maintaining such common land. Such organization shall be created by covenants running with the land, and such covenants shall be included with the submitted-.development plan and shall be subject to approval by the City Solicitcr. 11 -12 P. Such other conditions as may be deemed necessary and resaonaEbte shall be imposed by the Board of . �\ Appeals in order to prevent damage to public or ( j. private property or any newer, storm drain, or watercourse, or to prevent the filling in of land from being conducted in a manner hazardous to life or property, or in a manner likely to create a nuisance. Section 11.4 - Cluster Residential Development For residential development in a clustered concept in those districts for which such an option is allowed by the Table of Use Regulations, the following rules and conditions shall apply: 1. A development plan on standard twenty -four (24) inch by thirty -six (36) inch sheets, for the entire tract at a scale of one inch equals one hundred (100) feet, shall be prepared by a land surveyor or registered professional engineer. The plan shall be submitted to the Administra- tive Officer who shall transmit it to the Board of Appeals and shall show at least the following: a. Five (5) foot finished contours on the tract and within fifty (50) feet thereof; b. The location and acreage of areas to be devoted to specific uses; c. Existing and proposed streets, parking areas, drain- age and utility systems, including sewer and water, street lighting, landscaping, fire .alarm systems, sidewalks, and easements, and natural features; d. Proposed clustered residential density of develop - ment and gross density of development in terms of square feet per family; e. The proposed location of .parks, open spaces and other public or community uses; f. Such other information as may, be required by the Board of Appeals. Prior to forwarding the plan to the Board of Appeala, it shall be reviewed for accuracy and completeness by the City Engineer, who shall respond within ten (10) days. 11 -10 e. A timing schedule and seq I uence indicating the anticipated starting and completion dates. f. A plan for lighting of night operations is contemplated. g Other plans, drawings or materials as may be required by the Administrative Officer or the Board of Appeals. 4. Conditions For the filling in of any land area sub- ject to the provision of Section 11.3 of this Ordi- nance, the following conditions shall govern: a. Provision shall be made for adequate temporary and permanent drainage of the site. b. Fills shall be limited to terrace fills which are not to exceed ten (10) feet at any one time nor be within ten (10) feet of an adjacent pro- perty line or cut. C, Regrading of all or parts of the slopes resulting from such fill shall be carried out. i d. At least six (6) inches of topsoil shall be re- placed over all filled or otherwise disturbed . surfaces seeded or sodded with a perennial cover crop; reseeded or resodded as necessary to assure uniform growth and soil surface stabilization. e. Where any fill will have a d of ten (10) feet or more and create a slope of more than one verti- cal in two horizontal, there shall be a substantial fence enclosing the fill at least six (6) in height with suitable gates. Such fence shall be located ten (10) feet or more from the edge of the fill. f. Filling of land area which falls within the super- imposed Watershed Protection District is prohibited. g. The planned filling in of any land area shall be consistent with any recreation, conservation and open space plan as prepared by the City Planning Board. 0 1 11 -8 Section 11 .3 - Filling of Land Other Than Water or Wet Area For the filling in of any land area where such filling opera- tion is not covered by the provisions contained in Article XI ^ ) and Article XII of this Ordinance, or which is not excepted in Section 11.3(1)(2) below, no such filling in of land shall, proceed without first securing a special permit according to the regulations and procedures set forth in Article X of this Ordinance, subject to the provisions contained herein. 1. Exceptions - The filling in of any land area in any of the following operations shall be exempt from this section: a, A filling -in operation which does not exceed a total of'five hundred (500) cubic yards of mate- rial. b, A filling -in operation which does not exceed a total area of ten thousand (10,000) square feet on any lot, land parcel or subdivision thereof. C. A filling -in operation which is associated with acceptable agricultural land management practices including but not limited to plowing and con- struction of agricultural structures; nursery operations such as the removal and /or trans- planting of cultivated sod, shrubs, and trees; logging operations. d. Filling -in operations associated with refuse disposal and sanitary landfill facilities within the City of Northampton and operated in accordance with all appropriate State and local regulations. e. Filling -in operations necessary in connection with lawful construction of a building, structure, street, driveway, sidewalk, path, or other ap- purtenance. f, Filling, as a maintenance measure, or for land- scaping purposes on existing developed lots or parcels provided that the aggregate of areas) affected does not exceed ten thousand (10,000) square feet, the grade change does not exceed twelve (12) inches at any point and does not alter the drainage patterns; and the filling -in does not involve a quantity of material in excess of one _ hundred (100) cubic yards. U 11 -6 15. The Board of Appeals shall require that a surety bond signed by a Surety Company authorized to do business in the Commonwealth of Massachusetts, or other.accept- % able performance security, in an amount approved by the Board as sufficient to guarantee conformity with the provisions of the permit issued hereunder be posted. 16. Exemption The removal of earth material in any of the following operations shall be exempt from this section: a. The removal of less than ten (10) cubic yards of material in the aggregate in any year from any one lot. b. The transfer of material from one part of a lot to another part of the same lot. c. The removal of material necessarily excavated in connection with lawful construction of a building, structure, street, driveway, sidewalk, path or other appurtenance provided the quantity of mate- rial removed does not exceed that actually dis- placed by the portion of such building, structure, street, driveway, sidewalk, path or other appur- tenances below finished grade. 17. Permit Procedures The procedure for granting a spe- cial permit shall be as set forth in Article X of this Ordinance for all special permits except that special permits granted under this section shall be for a period not to exceed one year. For a continuation of an opera- tion beyond a period designated in the initial permit, a new application must be made and a new special permit must be granted in the same manner as for' the initial permit except that the Board of Appeals may waive re- quirements for submittal of materials required by this section. The waiver must be granted in writing by the Board to the applicant. All other provisions relating to operational standards and permit procedures shall apply. 1B. Existing Operations Any existing sand or gravel re- moval activity operating under a permit issued prior to the date.of adoption of this Ordinance may continue un til the expiration of the permit, except that any expan- sion or change in operation not covered by such permit shall require conformance with the above regulations. 11 -4 7. Adequate prevision is to be made for drainage during and after the completion of operations. P. Lateral support shall be maintained for all adjacent properties.. 9. The use of explosives shall be done in accordance with the regulations for storage or handling of explosives as published by the Commonwealth of Massachusetts. 10. i.11 operations shall 'be conducted in such a manner so as to comply with t.hc, laws of the Commonwealth of Massa - chusetts regulating water pollution and air pollution. ll. - ,f operation shall.]. ue designated.. 12.. P i shall be mace ::. the adequate c•:)ntrc cf dust during operation. 13. Required Site Plan. n site plan shall be filed with: the Administrative Officer for any land which is used or intended to be used for the extraction of sand, gravel, rock, loam, sod, and associated earth materials. Site plans for the removal areas shall be prepared ac- cording to ccction 10.11, with the following edeitiona] information: C.). Water supply and sanitary sewerage systems and tem- porary and permanent drainage systems for the site. b. Topographic mapping showing existing contours at intervals of not more than two (2) feet and contours of finished grade after the conclusion of the opera- tion. c. Replacement of at least four (4) inches of topsoil over all excavated, filled, or otherwise disturbed surfaces and seeding with a perennial cover crop, reseeded as necessary to,assure uniform growth a.nd soil surface stabilization. d. Submission of plan for lighting if night operation is contemplated. e. Proper provision for vehicular traffic, service roads, and control of entrances and exits to high - ways. 11 -2 " 0 a. Any use permitted on a temporary basis fcr a period not to exceed two (2) years. b. Any addition to a structure constructed following —� an approved site plan which addition is less than 2000 square feet, subject to review of parking regu- lations. C. Any use of a structure which use is not substantially different from a previous use with respect to the various provisions and requirements of this Ordinance. Such waiver may be granted only upon a showing that com- pliance with the provisions of this Ordinance can be ensured without the necessity of site plan review. In reviewing a request for a waiver, the Administrative Officer may require the submission of specific items of information pertinent tc the proposed development. 3. All site plans shall be prepared to scale on standard 24" by 36" sheets to show with reasonable accuracy the following information in addition to that required in Section 10.2: a. The limits of the portion of the lot in question �- if these are not co- terminus with the lot boundaries. b. The names of owners of all contiguous parcels and the location of all adjoining lot boundaries. c. The name, location, right-of--way width, and pavement width of all adjacent streets. d. The location of parking and Loading areas, driveways and entrances. e. The location, height, and size of signs. f. The location of any wetlands, streams, drainage swales, and areas subject to flooding. g. The locations and characteristics of any proposed screening, fencing, or other buffers. 4. Administration of this Section shall be the.responsibility of the Administrative Officer, who shall establish such detailed procedures and shall rely upon the expertise 10 -8 Section 10.10 - Special Exceptions In addition to those uses for which a special permit is required from the Board of Appeals (indicated by the designation "SP" in the Table of Use Regulations) and subject to the provisions of Section 10.9 above, certain uses (indicated by the designation "SE" in the Table of Use Regulations) shall require a special exception from the (pity Council subject to the requirements of Section 4 of Chapter 40A of the General Laws. 1. Written application shall be duly made to the Adminis- trative Officer for transmittal to the City Council, which may, in appropriate cases subject to the applica- ble conditions set forth in Article XI of this Ordinance and elsewhere, and subject to other appropriate condi- tions and safeguards, grant a special exception for such use and no others. 2. Such application, when deemed complete, shall be for- warded to the Planning Board for review and comment, for which a period of not less than thirty (30) days shall be allowed for the Planning Board's response. 3. The City Council (or a committee thereof) shall then hold a public hearing subject to the requirements of Section 4 of Chapter 40A of the General Laws. 4. Before granting an application for a special exception, the City Council shall give due regard to the nature and condition of all adjacent structures and uses, and shall give due regard to the purpose and intent of this Ordinance. The City Council shall also impose, in addition to any applicable conditions specified in this Ordinance, such additional conditions as it finds reasonably appropriate to safeguard the neighborhood, or otherwise serve the purposes of this Ordinance, including, but not limited to, the following: front, side or rear yards greater than the minimum required by this Ordinance; screening buffers or planting strips, fences, or walls, as speci- fied by the Board; modification of the exterior appear- ance of the structures; limitation upon the size, number of occupants, method and time of operation, time duration of the special exception or extent.of facilities; regu- lation. of number and location. of driveways, or other Cj U 10 -6 a. Following receipt of an application by the Administra- tive Officer, it shall be forwarded to the Planning .Board for review and comment, for which a period of not less than thirty (30) days shall be allowed for the Planning Board's response. b. Before granting an application for a special permit, the Board of Appeals with due regard to the nature and condition of all adjacent structures and uses, and the district within which the same is located, shall find all of the following general conditions to be fulfilled: (1) The use requested is listed in the Table of Use Regulations as a special permit in the district for which application is made or is so designated elsewhere in this Ordinance. (2) The requested use bears a positive relationship to the public convenience or welfare. (3) The requested use will not create undue traffic congestion, or unduly impair pedestrian safety. (4) The requested use will not overload any public water, drainage or sewer system or any other.muni- cipal system to*such an extent that the requested use or any developed use in the immediate area or in any other area of the City will be unduly subjected to hazards affecting health, safety, or the general welfare. (5) Any special regulations for the use, set forth in Article XI, are fulfilled. (6) The requested use will unduly impair the in- tegrity or character of the district or adjoining zones, nor be detrimental to the health, morals, or welfare. 10-4 within ten (10) days after the Administrative Officer has been notified in writing that the erection or alteration of such C � buildings has been completed. P record of all certificates shall be kept on file in the office of the Administrative Of- ficer. Buildings accessory to dwellings when completed at the same time shall not require a separate certificate of occupancy. Pending the issuance of a regular certificate, a temporary cer- tificate may be issued for.a period not exceeding six (6) months, during the completion of alterations or during partial. occupancy of a building, pending its completion. No temporary certificate shall be issued prior to its completion if ,the building ordinances and state laws or of this Ordinance to such a degree ar, .-o render it ;!nsa7=e for t';e occupancy proposed. ectlon '0.5 - Permit and Certificate Fees Fees shall be es- tablished by t'he Mayor. and the City Council., but shall. exempt muni ci.pa . bui l.c i ngs From tine requirements for payment of fees. Section 10.6 - Permit Time Limits ,.ny work for which any per - m.it has been issued by t he Pdministrative Officer shall. be ac- tively prosecuted within six (6) months and completed within eighteen (18) months of the date of issuance of the permit. For reasonabl(- cause, the Pdministrative Officer may grant one or more (but not more than three (3)) extensions of time for ad- dli.tional. periods not exceeding ninety (90) days each for both actively prosecuting the work and for completing the work. Pny Pro ;e.,. r of completed within the applicable time Limits shall o. 7ijni of this '?rc ?_.nar Section 10. '�Iiolations Tne Pdministrative Officer shall serve a ~._a: o VIOLATION and ORDER to any owner or person r.espons.. r,'. e f:_.r the erection, construction, reconstruction, com- pletion, conversion, or alteration of a structure or change in use, increase in intensity of use or extension or displacement of use of any structure or lot in violation of a permit or cert -. ficate ,.ssued under the provisions of this Ordinance, or in vio- lation of any provision of this Ordinance, and such order shall direct the discontinuance of the unlawful. action, use or condition and the abatement of the violation within a time to be specified by the Administrative Officer. Any owner, who having been served with a notice, and who ceases any work or other activity, or fails to complete the structure, shall not leave any structure or lot i_rx such conditions as to be a, hazard or menace to the public safety, hea.lt: ", mora.ls or general welfare. Section 10.8 - Prosecution of Violation. If the notice of VIO- LATION and ORDER is not complied with promptly, the Admini_str.a- #: ive Office-r. upon wr., i.tten request to the City Solicitor shall LG -2 �) J whichever is earlier) with the minimum area, frontage, width, and depth requirements, if any, of the zoning ordinance then in effect, may be built upon for residential use provided it has a minimum area of 5,000 square feet, with a minimum front footage of fifty (50) feet, and is otherwise in accordance with the provisions of Section 5A of the Zoning Enabling Act. Section 9.4 = Reduction or Increase. 1. Any nonconforming lot or open space on the lot including yards and setbacks if already smaller than that required shall not be further reduced so as to be in greater non- conformity, except that the Board of Appeals may grant a special permit to extend a conforming use so as to violate or further violate the side or rear yard requirements. 2. No building area or floor area, where already nonconforming, shall be increased so as to be in greater nonconformity. Section. 9.5 - Chancre 1. Any nonconforming use of a structure may be changed to another nonconforming use, provided the changed use is not a substantially different use as determined by the Admin- istrative Officer. ` 2. Any nonconforming use which has been once changed to a per- mitted use or to another nonconforming use which is not a substantially different use shall not again be changed to a nonconforming use. 3. Any nonconforming lot which has come into conformity shall not again be changed to a nonconforming.lot. Section 9.6 - Restoration 1. Any nonconforming structure or any structure occupied by a nonconforming use, which is totally destroyed by fire or other natural cause, may be rebuilt according to original floor area limitations, and used for its original use. Otherwise, it shall not be. rebuilt, except in accordance with the use, dimensional, and density regulations of this Ordinance. Historical buildings may be exempt by - special per - nit from the Board of Appeals upon the advice of the Historical Commission. 9-2 9. Parking and l.oadinq spaces other than those required for single and two family dwellings shall. be so arranged as tc prohibit backing of vF';.icles onto any street. ( 1 10. Any portion of any entrance or exit driveway shall:. not closer than fifty (50) feet to the curb line of an inter- secting street nor shall it be closer than fifty (50) feet to any portion of an existing driveway 1ccated in a Business or Industrial. District. 11. Any two driveways leading to or from the same street, to or from the same lot, shall not be within thirty (30) .feet of each other at their intersecti)ns with the front lot line for an .interior lot anO forty (40) feet for a corner. lot. 12. Any entrance or exit driveway shall not exceed twenty -four (24) feet in width at its intersection with the front lot line except Eor automotive service stations and Ei.r.e sta- tions, in which rases .ti may he increased t.) forty (40) feet. 13. The Board ,_:f Appeals may grant a special perm. tc. allow the reduction of the parking space requirements to eighty (80) percent of that required in the Table of Off- Street Parking Regulations, where conditions unique to the use will reasona- bly justify such a reduction provided that a greater per- centage reduction may be allowed where joint use of the same spaces by - two or more uses or establishments is justifiable by virtue Df the fact that the uses or establishments gen- erate peak demand at substantially different time periods. 14. Except on a farm, not more than one commercial. vehicle shall be garaged or in any way stored on any.lot in any "R" district. 15. In the design of parking lots serving uses located in Business or Industrial Districts which provide more than seventy -five (75) parking spaces, care shall be taken to interrupt the expanse of pavement by separating rows of parking spaces from each other and from driveways by providing planting strips (which may also contain pedestrian sidewalks) at least six (6) feet in width. Provision of these required planting strips shall take into account the need to store snow, the 'need to locate light poles, the need to allow safe pedestrian move- ment, the need to maximize emergency access, and the need to separate different traffic movements. Any modification to a 8 -8 Section 8.3 - Existing Spaces Parking or loading spaces being maintained in any district in connection with any existing use on the effective date of this Ordinance, or any spaces subsequently provided in accordance with this Ordinance, shall not be decreased or in any way removed from service to the use originally intended to be served, so long as said use remains, unless a number of parking or loading spaces is constructed elsewhere, such that the t6tal number of spaces conforms to the requirements of the Tables of this Article, provided: this regulation shall not require the maintenance of more parking or loading spaces than is required according to the Tables. Section 8.4 - Computation of Spaces When the computation of required parking or loading spaces results in the requirement of a fractional space, any fraction of one -half or more shall require one space. Section 8.5 - Combined Facilities Parking required for two or more buildings or uses may be provided in combined facilities on the same or adjacent lots, subject to approval by the Administra- tive Officer where it is evident that such facilities will continue to be available for the several buildings or uses. `t- Section 8.6 - Continuance Required off - street parking or loading spaces which, after development, are later designated as, and ac- cepted by the City for, off - street parking or loading purposes., shall continue to serve the uses or.structures to meet these require- ments so long as said use or structure remains. Section 8.7 - Location of Parking Spac Required off - street parking spaces shall be provided on the same lot as the principal use they are required to serve.. When practical difficulties exist which pre- vent their establishment on the same lot, the Board of Appeals may grant a special permit to allow spaces to be on a lot, the closest point of which is no further than 300 feet from the premises to which they are appurtenant, except when such spaces are required to serve a college dormitory, the Board of Appeals may allow such spaces to be within 1500 feet. Section 8.8 - Location of Loading Spaces The loading spaces re- quired for the uses listed in the Table of Off- Street Loading Requirements shall in all cases be on the same lot as the use they are intended to serve. In no cane shall the required loading spaces be part of the area used to satisfy the parking requirements of this Ordinance. Section 8.9•`- Municipal Parking Lots The Board of Appeals, by special permit, may allow the substitution of space within Municipal ( 1 Parking.Lots in lieu of the parking requirements'of this Article, 8 -6 ""able: of off- Parking Re gulations (Continued) I) Use Number of Off- Street Parking Spaces Per Unit Higl Schoo'. Any use Permitted by this ordinance not interpreted to be covered by this schedule . One space for.each teacher and employee, plus one space per each four students„ including space for the gymnasium or the auditorium, whichever has the larger capacity. Closest similar use as shall be determined by the Administrative Officer. ;Section 8.2 - Off- Street Loading and Unloading Requirements For every building hereafter erected for Retail and Service Commercial, Wholesale, Transportation and Industrial, and Community Facility use as specified in the Table of Use Regulations and for every such use hereinafter established in an existing building or area, the off - street loading and unloading requirements presented in the Table of Off - Street Loading Regulations shall apply.. Table of Off-Street Loading Regulations Gross Floor Area (G. F. A.) Use. wholesa�e trade. and d i..s tz 5sbt: do n At which First Loading Space is Required At.Which Second Loading Space is Required At Which Each Additional Loading Space. is Required 20,000 sq., ft. co q! i. 60 60, 000. sq ft. One for each additional. 60,000 sq. ft, of GFA One for each additional. 60,000 sq,, ft,. of GFA One for each additional 100,000 sq,, :ft°; n of GFA. 20 s f t.,. 1 X00, k q: ft. 8-4, Table of Off- Street Parking Regulations (Continued) Use Number of off - street parking spaces per unit Hotel, motel, tourist court Drive -in eating establishment Drive -in establishment Sit- down restaurant, lounges, bars, and nightclubs Retail stores and personal ser- vice establishments Offices including finance, in- surance, or real estate estab- lishment Medical /dentist office building Wholesale establishment Warehouse or storage estab- lishment Manufacturing or industrial establishment Hospital Nursing home One for each sleeping room, plus one for each 400 sq. ft. of public meeting area and restaurant space. One per 30 sq. ft. of gross floor area One per 100 sq. ft. of gross floor area. Three for each four seats of total seating capacity One per each 300 sq. ft. of gross floor space One per each 300 sq. ft. of gross floor area One per each 200 sq. ft. of gross floor area One per each 1,000 sq. ft. of gross floor space One per two employees on the two largest shifts combined One per each 500 sq. ft. of gross floor space OR 0.75 per each em- ployee of the combined employment of the two largest successive shifts, whichever is the larger. One and one -half spaces per bed at design capacity One per bed at design capacity 8 -2 � i Section 7 6 - Nonconformance of Accessory Si Accessory signs lawfully erected before the adoption of this Ordinance shall not be altered or modified except so as to be in con- formity with the provisions outlined in Article VII of this Ordinance. S ection 7.7 - Nonconforming Non - Accessory (Gen Advert Signs All nonconforming, non - accessory signs in.existence and lawfully erected before the adoption of this, or any prior or subsequent Ordinance or amendment thereto, may continue to be maintained only until five years have elapsed from the date of the adoption of this ordinance. Section 7.8 - Permit and Fees. No sign shall be erected, altered or enlarged until a permit has been issued by the Administrative Officer. Such permit shall be issued only if the sign complies or will comply with all applicable provisions of t1•�ia. The permit and /or permit number shall be affixed to the s. in ,the manner prescribed by the Administrative Officer. A schedule of fees for such ,permits may be determined from time •10 time by the City Council. The provisions of this section shall not apply to signs permitted in a residential area nor to temporary signs allowed under the provisions of Section 7.2 of this Ordi- nance. 7-6 18. No illuminated sign shall contain more than three (3) colors nor shall any sign contain more than three (3) colors. No sign shall contain red or green lights if such' colors would in the opinion of the Chief of Po- lice, constitute a driving hazard. The aforementioned provisions with respect to number and type of color(s) may be waived and /or modified by the Administrative Officer upon written request and only with the concur- rence of the Planning Board. 19. Signs painted or placed on the inside of the window shall be permitted, provided that the aggregate area of such signs does not exceed twenty (20) percent of the area of the window glass. Section 7.3 - Signs Permitted in Any "R" Dist rict. In all "R" Districts, the following exterior accessory signs and no others are permitted: 1. One professional nameplate for each medical doctor: or dental practitioner, provided that such sign shall not exceed two (2) square feet in surface area. 2. One identification sign for each dwelling unit, provided: 0 such sign shall not exceed two (2) square feet in sur- face area; if lighted, it shall be illuminated internally or by indirect method with white light only; and it shall not be used other than for identifying the occupancy. 3. One identification sign for each membership club, funeral establishment, hospital, place of public assembly, com- munity facility or public utility use, provided: the sign shall not exceed ten (10) square feet in surface area; if lighted, it shall be illuninated internally or by indirect method with white light'only; and it shall be :set back at least one -half of the required depth of the front yard. For a church, community facility, and place of public assembly, one additional sign up to forty (40) square feet in surface area may be allowed. 4. Except for a professional nameplate.and a residential number plate, any sign in an "R" District shall be set back at least one -half the required depth of the front yard. 5. One sign pertaining to the lease, sale or use of a lot or buildings, provided that such signs do not exceed a total r� area of ten (10) square feet. U 74 4. No more than two signs shall be allowed for any one business or industrial establishment in the "B" and "I" Districts. 5. No more than.one sign shall be allowed for any one establish- ment in the "R" District. 6. The limitations. as to the number of signs permitted does not apply to traffic or directional signs which are necessary for the safety and direction of residents, employees, customers and visitors, whether in a vehicle or on foot, of any business, industry, or residence. Such signs shall not carry the name of any business or project. 7. No sign, together with any supporting framework, shall extend to a height above the maximum building height allowed in the district in which the sign is located. In any "R" District, the top of a sign, together with any supporting framework, shall not extend above the roof line. In any other district, the top of a sign, together with any supporting framework, shall not extend more than eight (8) feet above the roof line. In the case of a building with a pitched roof, the eaves line of'the building shall be considered the roof line. B. The supporting members for any pole sign, projecting sign, or any other sign shall be in acceptable proportion to the size of the sign. 9. No sign shall be erected so as to obstruct any door, window or fire escape on a building. .10. At each boundary line of the City and within a street right - of -way, not more than one (1) sign not exceeding twenty -five (25) -square feet in area indicating the meetings of any Northampton civic organization may be erected. 11.. No sign, except for a traffic regulatory or informational sign, shall be erected which uses the words "stop ", "caution ", or "danger ", or other similar words in such a manner as to present or imply the need or requirement of stopping or caution or the existence of danger, or which, for any reason, .in the opinion of the Chief of Police, is likely to be con- fused with any traffic regulatory or informational .sign. 7 -2 l l \_,' O towers, observation towers, radio broadcasting towers, tele- vision and radio antennae, and other like structures, which do not occupy more than 20 percent of the lot area; nor to churches or public, agricultural or institutional buildings, or buildings or private schools not conducted for profit that are primarily used for school purposes, provided the expected appurtenances are not located within the flight paths of an airport or heliport as defined by FAA regulations, and approved by the FAA, and further provided that no tower or similar structure may be located closer to a property line than the distance equal to its height. 6. The maximum gross floor area for any single business estab- lishment in a NB District shall not exceed 10,.000 square feet. i 7. Where the existing'development along a block amounts to more than fifty (50) percent of the block frontage, and where said development has an average setback less than that re- quired by this ordinance, then any vacant lot setback may be reduced to said average of the existing development. B. The total living space of each one - family detached dwelling and per dwelling .unit in a two- family dwelling shall not be less than 768 square feet. The gross floor area in a multi- family dwelling, exclusive of efficiency dwelling units shall not be less than 600 square feet for a three room unit, plus 120 square feet additional for each additional room, except that no dwelling unit may be required to have more than 768 square feet. 9. At no street intersection in any district shall any obstruc- tion to vision exceeding three (3) feet in height above the plane established by the intersecting streets be placed or permitted to grow, on any lot within the triangle formed by the lot lines abutting the intersection and a line connecting points on these lot lines at a distance of twenty -five (25) feet from the point of intersection of the lot lines. This restriction shall also apply to the intersection of a street and a driveway in a "B" or " I " District. . i Section 6 6 - Buildings in Flood A building, except a boat - house, shall not be.erected in a floodway or in any area subject to periodic flooding, unless the first floor elevation is higher than the highest flood recorded. If such flood elevation shall have been reduced by construction of dams at the headwaters, or by other means, the first floor elevation may be correspondingly lowered to the reduced flood level.. Section 6.7 - Accessory Struct ures. In Residential districts, a detached accessory structure shall conform to the provisions set forth in the following schedule: Maximum coverage - 1�iinimum Distance from Percent of the Lot Line I Bldg. Distri Rear Yard Area Front Side and Rear He ight R -R 10 20 10' 20' SR 20 15' 10' 20' UR -A 30 15' 4' 20' UR -B 50 15' 4' 20' UR -C 50 15' 4' 20' Detached accessory structures in the Business and Residential dis- tricts may be located on the lot so as not to violate the minimum front yard, height restrictions, and minimum open space require- ments set forth in the Table of Dimensional and Density Regulations. Pny accessory below - ground swimming pool shall be completely en- closed by a fence at least 5 ft. in height, having a self - closing gate with a latch. In all districts, an accessory structure at- tached to the principal building shall be considered as an integral part thereof and shall be subject to front, side, and rear yard requirements applicable to the principal building. S ectio n 6 8 Other General Dimensional an Density Provisions. In addition to the regulations in Sections 6.1 through 6.7 above, the following regulations shall apply: 1. Existing residential uses in business or industrial dis- tricts shall be subject to the regulations for the particu- lar type of dwelling in the UR -C district. C? 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N rn v a a. Y U) r-•I ( .7'1 .� li• c E •�' O >4 (V U-4 'o O Q1 O m ►� —4 • r-I ro. r-I U O rp � CA m rn G (L) 0 >1 w C 1] U- s a I) >� .Q 0 . >, •v r-8 c w u 0 u c X a wi 0 Q) U 3 .a 0 +o >. r•-q •r♦ 11 r U - r to Q U m rn E Q) 0 U) I~ a 0 w S W ud A I � U I CI 71 _ Q s I C l C)l � a I . m Q) •�I m •'-I M �4 m tr m 0 m tr G to is �4 w tT C ri C Q) C O 0 -H d.J m •ri r-I r-I .--I S-1 r-I m c o 0) 3 'o 3 3� m m r r r° r° a >1 v m >1 r-I >1 (v m ,>1 -H X � tr +� • r•I �„ ro E w E �. •,.� a E m 4-+ ro CO) ro -H 0 t) > c ro 44 1 44 0 Q) 44 to > 4 H '4w Q) - H 4.J •r� H Q) r { w [ I I Q1 4 �4 4-J 4) -P z 0 >4 r-, 0 r-I u 3 ra A o t w H x w a H to %D r 00 m 5-2 y Qr Ol +� G � (n F Q! N rn v a a. Y U) r-•I ( .7'1 .� li• c E •�' O >4 (V U-4 'o O Q1 O m ►� —4 • r-I ro. r-I U O rp � CA m rn G (L) 0 >1 w C 1] U- s a I) >� .Q 0 . >, •v r-8 c w u 0 u c X a wi 0 Q) U 3 .a 0 +o >. r•-q •r♦ 11 r U - r to Q U m rn E Q) 0 U) I~ a 0 w S W ud A I � U I CI 71 _ Q s I C l C)l � /i-�, U Section "° 3 - Superimposed Zoning District. A Watershed Pro tion District is considered to be superimposed over the other districts shown on the Zoning Map, as a recognition of the spe- cial conditions which exist in such areas. See Article XII for applicable regulations. Section 3.4. Zoning Map The location and boundaries of the Zoning Districts are hereby established as shown on a map titled "Zoning Map of the City of Northampton, Massachusetts ", dated July 22, 1975 which is hereby declared to be a part of this -rdinance. The authenticity of the Zoning Map shall be ident i fied by the signature of the Mayor, attested by the City Clerk, :-jnd the imprinted seal of the city under the following words: —_phis is to certify that this is the Zoning Map of the City of Northampton, Massachusetts, referred to in the Zoning Ordinance „ the City of Northampton, Massachusetts, which was adopted by the City Council on July 22, 1975. 3 , E - Changes to Map Any change in the location of ' of a Zoning District hereafter made through the amend - of this Ordinance shall be indicated by the alteration of i3uch map, such changes, to be dated and authenticated as pre - =;c =gibed in Section 3.4. The map thus altered is declared to be ma ft of such map, and the map thus altered is declared to be ; - of the Ordinance thus. amended. The Administrative Officer �l shall be. responsible for making changes to the Zoning Map. Such changes shall be made within thirty (30) days of the final ap- oro4=al of amendments by the City Cnur ci 1 . The Zoning Map shall be prepared as a mylar overlay to the -.ssessors ° maps of the City at -��ales of one ( 1) inch equals one hundred ( 100) feet, and one (1) equals two hundred (200) feet. These maps, collectively, _hall be the Zoning Map, and shall be located in the Office of the 7;dn•I_nistrative Officer. A map of one (1) inch equals twelve hun- v;:aed ;1200) feet may be distributed as a representation of tYie for general public use. Boundaries of Dis tricts. Where any uncertainty e- i-s.ts with respect to the boundary of any district as shown on Map, the following rules apply: .here a. boundary is indicated as a street, alley, rail - J. J:-oad, watercourse or other body of water, it shall be construed to be the centerline or middle thereof, or - .Where such boundary approximates a city boundary, then to the limits of the city boundary. 3-2 ti::.. 4 - ' d•hin the main structure or the use of any other structure or a'.and on the same lot and incidental or supplementary to the prin- cipal use and permitted under this Ordinance shall be considered as accessory use. USE, SUBSTANTIALLY DIFFERENT A use which by reason of its nor- mal operation would cause readily observable differences in patronage, service, appearance, noise, employment or similar characteristics from the use to which it is being compared. VARIANCE Such departure from the terms of this Ordinance as the Board of Appeals, upon appeal in specific cases, is empowered to authorize under the terms of Article X. VETERINARY HOSPITAL See HOSPITAL, VETERINARY WETLANDS: Includes, but not limited to, wet meadows, marshes, swamps, bogs, areas where groundwater, flowing or .standing surface water or ice provide a significant part of the supporting sub- strate for a plant community for a significant part of the year; emergent and submergent plant communities in inland waters; that portion of any bank which touches any inland waters; and land, including submerged land, which consists of any of the soil types designated as, but not limited to, very poorly drained by the National Cooperative soils Survey, as may be amended from time to time, of the Soil Conservation Service of the United States Department of Agriculture. YARD: A portion of a lot located within a required setback area which must remain unobstructed artificially from the ground to the sky except as may be allowed by specific provi- s:ions of this Ordinance. (See diagram $ ) ' FRONT The portion of a lot lying between the front line . and the front setback line. (See diagram 15 ) YARD, REAR The portion of a .lot lying between the real line and.the rear setback line. (See diagram $ ) . Y ARD, SIDE The portion of a lot lying between a :aide line and the corresponding side setback .line. (See diagram $ ) :?BONING ADMINISTRATOR: See ADMINISTRATIVE OFFICER: :41F"1N ING PERMIT: See PE RMIT, ZONIN 2 -20 ;Yj Ry': The portion of a building which is between one floor level V UA r►Ar' 1 C and the next higher floor level or the roof. If a mezzanine floor area exceeds one -third of the area of the ;floor immediately below, it shall be deemed to be a story. A basement shall be deemed to be a story when its ceiling is four (4) or more feet above the finished grade. A cellar shall not be deemed to be a story. An attic shall not be deemed to be a story if unfinished and without 'ra occupancy. (See diagram 9.0 STORY, HALF A story under a gable, IV. hipped, or gambrel roof, the wall ;;- plates of which on at least two oppo- ; rte exterior walls are not more than 1ESS 11W4 two ( 2 ) feet above the floor of such Two (z) Fr' story. (See diagram 10.) _; ;'BEET : Away which is thirty -three (33) or more feet in right - if -way width which is accepted or devoted to public use by legal mapping or by any other lawful procedure.. It shall be synonymous �9ith the word road,, avenue, highway, and parkway, and similar designations. STRUCTURE A combination of materials for permanent or temporary occupancy or use, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, swimming pool, shelters, piers, wharves, bin, :;Pence, sign, gasoline pumgs, recreational courts, or the like. STRUCTURE. NONCONFORMING A structure lawfully existing at the :effective date of this Ordinance, or any subsequent amendments thereto, which does not conform to all applicable regulations of -this Ordinance for the district in which it is located. ;;SUBSTANTIAL IMPRO VEMENT: Any repair, reconstruction, or improve went of a structure, the cost of which equals or exceeds fifty percent (50%) of the actual value of the structure either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored, before the damage occurred.. ';TEMPORARY OCCUPANCY PERMIT: See PERMIT TEMPORARY... OCCUPANCY- Diagrams are for reference and do not constitute part of the adopted. ord inance . 2-18 or J aETBACK The minimum distance from a lot line to a building placed thereon, or feature thereof as is required in a particu- lar situation by the Table of Density and Dimensional Regulations. (See diagram 8.) SETBACK. FRONT Setback required from a front line and from any street line of a corner lot or a through lot. (See diagram 8.) SETBACK LINE A line, whether .straight or not, which denotes the location of the minimum setback. ; ETBACK, REAR: Setback required from a rear line. (See diagram 8.) ;SETBACK, SIDE: Setback required from a side line. (See diagram 8..) 14 is IMF_eT- � ' K1QnwiT' ` 7 �- 4.0 RAFK � _ --�- -# acs' W Wr �(2e4T " At, W. KEri?_ T64" IGN: Any permanent or temporary structure, device, letter, word, model, banner, pennant, insignia, trade flag, or representation used as, or which is in the nature of, an advertisement, announce- ment, or direction, or is designed to attract the eye by any means including intermittent or repeated motion or illumination. SIGN, ACCESSORY Any sign occupying the premises on or the business transacted Itself or any part. thereof. :Ao other matter that advertises or indicates the person which the sign is erected or maintained, thereon, or advertises the property as for sale or rent, and which ,IGN, BUSINESS: Iv fbS qy. 'u8e6 to' direct attention to h service, )roduct sold, or other activity performed on the same premises ±rte, .; , located. �'�Lm1JT' t I I �® JUAK vr� Y4 p 4 OUTDOOR ADVERTISING BOA: The outdoor Advertising Board of the Commonwealth of massachumetts or any board or official which may hereafter succeed to its powers or functions. OU`PDOor, CoLNMRCIAL REC REATION USE A principal (but not accessory) use operated either for profit or not for profit, with the prin- cipal purpose being the provision of outdoor recreational facilities, whether thecae be provided to the public at large or to the members of any particular organization, and including,. but not limited to any of the following uses: country, fishing, golf, tennis, or swimming club, or golf driving range, sports camp, campground, marina, or horseback riding establishment. OLD,: The duly authorized agent, attorney, purchaser, devisee, trustee, lessee, or any person having vested or equitable interest in the use, structure or lot in question. PARKING SPACE An off - street space at least nine (9) feet in width and twenty (20) feet in length, having an area of not less than three hundred (300) square feet, which includes access and maneuvering space, whether inside or outside as structure for exclusive use as a parking stall for one motor vehicle. - PERMIT, TL'Y POr".A��' QCCUP ANC�: A permit, issued by the Adminisrtraaati� f officer indicating near- complissnce usith the provisions of this ordinance and allowing occupancy or use on a temporary basis while full com is achieved. PERMIT, KING A permit issued by the Administrative officer on the basis of plans and other submitted material to allow construc- tion or other preparation for the use or occupancy of a building. PBRSO�SAT, - D CONSUMXp, SEpvICE ESTABLISHKEFT: Any building wherein the pr occupation is the repair, care of, maintenance or customizing of personal properties that are worn or carried about the person or are a36 physical component of the person. For the purpose of this ordinance, personal service establishments shall include, but need not.be limited to, barber shops, beauty shops, pet grooming establishments, laundering, cleaning and other gar- ment servicing establishments, tailors, dressmaking shops, shoe cleaning or repair shops, health clubs, and other similar places of bu inesss, but not including offices of physicians, dentists, and veterinarians, or any establishment with. ass gross floor area of more than ten thousand (10,00o) square feet. . 1 2 -14 v LOT, THROUGH A lot which abuts two (2) streets, but not at their intersection. (See diagram &) STREET sn�E�T 400 -WIL LOT W '� N �_Or p)&4 V_AK (6. . LOT, WIDTH: The horizontal distance between the side lines measured at the required front setback line. If the side line does not extend to the front setback., the measurement will be taken at the point of interception with another line. (See dia- q r aag: -7) C y/ i .- : X L9 r.�E �KQ) e.Ena ate; Diagrams are for reference and do not constitute part of the adoptel - - - � ordinance. 2 -12 L 2DG I NG_UN7. T: One or more rooms for the semipermanent use of one,. two or three individuals not living as a single housekeep- ing unit and not having cooking facilities. A "lodging unit" shall include rooms in boarding houses, lodging houses, tourist homes or rooming houses. It shall not include convalescent, nursing or rest homes; dormitories or charitable, educational or philanthropic institutions; or apartments or hotels. LOT An area or parcel of land or any part thereof, not including water area, in common ownership, designated on a plan filed with the Administrative Officer by its owner or owners as a separate lot and having boundaries identical with those recorded in the Hamp- shire County Registry of Deeds. Two or more contiguous lots in com- mon ownership may be treated as one lot for the purposes of this Ordinance provided that the com- bined lots are used as a single lot would customarily.be used, and further provided that the lots are not later separated. When lots are combined and treated as one lot all regulations shall be ap- plied as though they are a -:;;ngle lot. V�&4 ��1OE mar- W Diagrams are for reference and do not constitute part of the adopted Ordinance. 2 -10 t I O GHT: The vertical distance Plu from the average finished grade ��, �D�C+L of the adjacent ground to the F_Wc M12 D top of the structure of the highest roof beams of a flat roof, the deck of a mansard roof, or the mean level of the i highest gable or slope of a hip roof. d� � y F'W s� HOME OCCUPATION Any occupation customarily associated with a home, conducted entirely within a dwelling and carried on by the inhabitants thereof with not more than one (1) non - resident employee, and which is characterized by outward manifestations (such as traffic generation, noise, public service and utility demand, etc.) not unlike those of dwelling units in the particu- lar neighborhood in which the dwelling is located. The home occupation shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes, shall not change the character thereof, and shall not occupy more than forty (40) percent of the gross floor area or six- hundred (600) square feet, whichever is less, of the dwelling unit. In connection with a home occupation, there shall be no display visible from outride the building other than an identification sign not f� ) larger than two (2) square feet in area. HOMIE SERVICE OCCUP ATION : The studio or occupational .room of an artist, musician, instructor in arts and crafts, or other similar person (but not including any clinic, veterinary hospital, res- taurant, antique or gift shop, mortuary, office for a doctor, architect, professional engineer or surveyor, lawyer, or person engaged in a real estate or insurance business). Such use shall be conducted entirely within a dwelling, which is the bonafide residence of the principal practitioner with no other persons engaged in the occupation except members of the imme- diate family of the principal practitioner, and, in connection with which no goods are offered for sale, there shall be no dis- - play of goods or advertising other than an identification sign not larger than two (2) square feet in area. HOSPITAL A build.ng providing, among others, 24 -hour inpatient services for persons admitted thereto for the diagnosis, medical, surgical or restorative treatment or other care of human ailments, } including a sanitarium 2 -B { ESSENTIAL FACILITIES Facilities necessary for the provision of services ordinarily provided by municipalities, public corporations, and public or private utilities, which facilities Must provide a link (interrupted only by intermediate facili- ties) between central facilities of the utility and individual lots served including, but not necessarily limited to gas, water, and sewer mains; storm sewers, electrical and communica- tion wires, whether underground or overhead; police and /or fire call boxes, hydrants, and other stations or terminals of such continuous systems; and facilities accessory to such systems, including but not limited to, manholes, telephone poles, and the like, but not including any intermediate facility, such as a major electrical sub - station; a telephone dial center, or a sewage pumping station, any facility defined under municipal facilities, any use listed under the definition of heavy public use, or any facility of a public corporation or of a public or private utility which is separately listed in Table of Use Regulations. FAMILY An individual or two or more persons related by blood, marriage, or legal adoption living together as a single house- keeping unit and including necessary domestic help such as nurses or servants. A group of individuals not related by blood, marriage, or legal adoption, but living together as a is single housekeeping unit may constitute a family. For purposes of controlling residential density, each such group of four (4) individuals shall constitute a single family. FILLING Any deposit, placement, storage or redistribution of soil, earth, sand, gravel, rock, loam, or other similar material on any land, wetland, or in watercourses and including the conditions resulting therefrom. FRATERNITY AND /OR SORORITY A building containing sleeping rooms, dining rooms, common rooms, and accessory facilities intended exclusively for the use of students of a college or university who belong to a group or organization which .involves common living and which group is organized and operated with the specific approval and under the regulations of the institution. FLOOR AREA, GROSS: The sum of the gross horizontal area of the several floors including basements of a principal building and its accessory buildings on the same lot, measured from the exterior faces of the walls. It does not include cellars; unenclosed porches or attics not used for human occupancy; malls within a shopping center utilized purely for pedestrian circulation and /or decorative purposes between individual shops of the center; any floor space in an accessory or principal 2 -6 f DORMITORY A building containing sleeping rooms, dining rooms, common rooms, and accessory facilities intended exclusively for the use of students of an educational institution, having been constructed or converted by that institution or with its specific authorization. DRIVE -IN ESTABLISHMENT A business establishment wherein patrons are usually served while seated in parked vehicles in the same lot. The term "drive -in" includes drive -in eating establishments where food is purchased from a building on the lot, but is con- sumed in the vehicle; drive -in service establishments such as banks, cleaners, and the like; and automotive service stations, gasoline stations, or the like. DRIVE -IN EATING ESTABLISHMENT A business establishment wherein food is usually served to or consumed by patrons while they are seated in parked cars. DRIVEWAY A space, located on a lot, which is not more than twenty -four (24) feet in width at the lot Line, b»ilt for access to a garage or off - street parking or loading space. DWELLING A privately or publicly owned permanent structure which is occupied in whole or part as the home residence or sleeping place of one or more persons. The terms "one - family ", "two-family", J "three- family" or "multi-family" dwelling shall not include hotel, lodging house, hospital, membership club, mobile home, or dormitory. DWELLING, MOBILE HOME A single family residential unit with all of the following characteristics: (a) Designed for long- term occupancy, and containing sleeping accomodations, a flush toilet, a tub or shower bath and kitchen facilities with plumb- ing and electrical connections provided for attachment to out- side systems; (b) designed to be transported after fabrication on its own wheels or on a flat bed or other trailer or detachable wheels; (c) arriving at the site where it is to be occupied as a. dwelling complete, conventionally designed to include major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities, and the like; (d) designed for removal to and installation or erection on other sites. A mobile home shall be defined to include two (2) or more units, separately towable, which when joined together have the 2-4 r • j AVERAGE FINISHED GRADE A.reference horizontal plane representing the average of finished ground level adjoining a building at all exterior walls. BASEMENT A portion of a building partly below grade, which has less than one -half of its height, measured from finished floor to finished ceil- ing, below the average finished grade FlPdlSl-$I�Q of the ground adjoining the building. CEILING A basement is not considered a story MOREf'WM HA IL unless its ceiling is four (4) feet or LEs51'HAN NALP more above the average finished grade. (�I= 1 AVE rI IS I�� o �� F BOARD OF APPEALS The Zoning Board of Appeals of the City of�� Northampton, Massachusetts. BUILDING A combination of any materials, whether portable or fixed, with or without a roof, enclosed within exterior walls or fire walls, built to form a structure for the shelter of persons, animals or property..` BUILDING ACCESSORY A detached building, the use of which is customarily incidental and subordinate to that of the principal .building, and which is located on the same lot as that occupied • by the principal building. BUILDING AREA The ground area enclosed by the walls of a building together with the area of all covered porches and other roofed portions, including areas covered by building overhangs. BUILDING LINE The line established by this Ordinance beyond which a building shall.not extend, except as specifically pro- vided in this Ordinance. BUILDING, ATTACHED A building having any portion of one or more walls in common with adjoining buildings.. BUILDING COVERAGE The building area expressed as a percent of the total lot area.. BUILDING, DETACHED A building having open space on all sides. BUILDING, PRINCIPAL A building in which is conducted the prin- cipal use of the lot on which it is located. Diagrams are for reference and do not constitute part of the adopted Ordinance. - 2 -2 �. ,-� I � C�� ,�t . �_,. � � �� ii �`� '-� �.