The purpose of this chapter is to preserve and
enhance the pedestrian-scale character, culture, economy and welfare
of downtown Northampton by preserving historic and architecturally
valuable buildings and features, and by encouraging compatible building
design. Nothing in this chapter shall be construed as creating a new
responsibility for landowners to maintain their buildings.
[Amended 11-17-2011; 4-19-2012; 4-14-2022 by Ord. No. 22.058]
A Central Business and West Street Architecture
Ordinance is hereby established within the City of Northampton. The
ordinance (this chapter) shall regulate the Central Business-Core
District and the West Street District bounded as shown on an attached
map entitled "Central Business and West Street Architecture, City
of Northampton," and made part of this chapter. This chapter creates
an architecturally controlled district as envisioned by MGL c. 143,
§ 3A.
Except for activities exempted above, no building
or structure within the Central Business Architecture District shall
be constructed, altered, or demolished in any way without a central
business architecture permit from the Central Business Architecture
Committee issued in accordance with this chapter, nor, without such
a permit, shall such activities be issued a building permit or demolition
permit. (See also MGL c. 143, § 3A.)
A. To apply for a permit, the applicant shall complete
and file the Committee's application form and file required submittal
materials with the Northampton Office of Planning and Sustainability.
[Amended 3-17-2022 by Ord. No. 21.355]
B. The Committee shall use the same public notice and time line requirements for permit applications as are required under the State Zoning Act (MGL c. 40A) for special permits and time lines for exercising permits as specified in Chapter
350, Zoning, §
350-4.7.
[Amended 6-1-2017 by Ord.
No. 17.289]
C. The Committee shall hold a joint public hearing with
the Planning Board or Zoning Board of Appeals, as appropriate, for
any project that also requires zoning relief from those Boards, if
the applicant provides a written request for a joint hearing with
the application to both Boards, and if the applicant grants waivers
from statutory time limits, if necessary, to allow a joint hearing.
D. The Committee shall follow the following process in
reviewing an application:
(1) If the Committee finds that a project is exempt, it
shall issue a certificate of nonapplicability.
(2) If the Committee finds that a project is compatible with the preservation of historic, architecture and pedestrian-scale character, under the terms of this chapter, it shall issue an central business architecture permit. The Committee shall not review elements of the project which are exempt under §
156-5, but shall determine that projects respect the details and the character of Central Business by considering the following:
(a)
Any element of the project or the project in its entirety shall be presumed to meet the standards necessary for approval if the Committee finds that it meets the Applicability and Design Guidelines sections in the Design Guidelines Manual as well as the applicable standards in §
350-21.7; and
[Amended 4-14-2022 by Ord. No. 22.058]
(b)
Any element of the project or the project in
its entirety not permitted under Subsection C(2)(a) above shall be
approved if the Committee finds that the project maintains and enhances
the Downtown Northampton Central Business District: Character Defining
Features in the Design Guidelines Manual, even if it does not meet
the Design Guidelines; and
(c)
In the event elements of the project or the
project in its entirety does not meet the above standards, the Committee
can waive some or all of the standards if such waiving will clearly
preserve and enhance the pedestrian-scale character, culture, economy
and welfare of downtown Northampton by preserving historic and architecturally
valuable buildings and features, and by encouraging compatible building
design.
(3) If the Committee finds that owing to conditions especially
affecting the building or structures involved, but not affecting the
district generally, failure to approve an application will involve
a substantial hardship, financial or otherwise, to the applicant and
whether such application may be approved without substantial detriment
to the public welfare and without substantial derogation from the
intent and purposes of this chapter, it shall issue an central business
architecture permit.
(4) If the Committee finds that none of the above apply,
it shall deny the central business architecture permit.
(5) A landowner in the district or their representative
may request informal assistance from the Commission in planning alterations
or new construction. The Commission shall offer informal advice and
comments on any proposal. This advice, however, cannot be binding
on the Committee when they formally review an application for a certificate.
[Amended 3-17-2022 by Ord. No. 21.355]
Any issuance or denial of a permit by the Committee
may be appealed to the Northampton Planning Board, by an applicant
or other aggrieved party, provided that such appeal has been filed
within 21 days of the filing of said decision with the City Clerk.
The Planning Board shall limit its consideration of such an appeal
to considering errors of the Committee and shall need a two-thirds
vote of its members to overturn the action of the Committee. For the
purposes of this section, Planning Board associates may serve as full
Planning Board members in the absence or inability of the Planning
Board member to vote.