[1]
Editor's Note: Diagrams are for reference
and are not part of the ordinance.
For the purpose of this chapter 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 singular 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.
The cessation of a nonconforming use as indicated by the
declared or otherwise apparent intention of an owner to terminate
a nonconforming use of a structure or lot; or the removal of characteristic
nonleasehold equipment used in the performance of the nonconforming
use without its replacement within six months by similar equipment
or furnishings; or the cessation of a nonconforming use or structure
caused by its replacement with a conforming use or structure. A nonconforming
use which has been abandoned for a period of two years cannot be reestablished.
(See also the definition of "discontinuance" below.)
See "dwelling, two-family" and "dwelling, two single-family
below."
See "sign, accessory."
See "use, accessory."
Any establishment which provides live entertainment for its
patrons which includes the display of nudity as a substantial or significant
portion of such live entertainment on 21 or more days per year or
which provides private or semi-private booths or areas for the viewing
of live or recorded nudity, as nudity is defined in MGL c. 272, § 31.
Any establishment selling adult books, magazines, videos,
movies, software, any other media or electronic recording, or adult
paraphernalia, as defined by MGL c. 40A, § 9A or MGL c.
272, § 31, provided the total display area of such adult
material exceeds 1,000 square feet. Display area shall be calculated
as all display areas in establishments and all buildings within a
property, and in establishments and all buildings on adjacent properties
under the same ownership or control, on which any adult materials,
as herein defined, are displayed and any aisles adjacent to such display
areas.
Housing units which are affordable for rent or purchase by
households making 80% of the median household income for Northampton
and, to the extent practicable, are only available to households whose
income does not exceed 80% of median income, as calculated by the
U.S. Department of Housing and Urban Development, with adjustments
for family size. These units shall be eligible for credit under MGL
Chapter 40B Massachusetts Subsidized Affordable Housing Inventory.
There shall be deed restrictions, easements, covenants or other mechanisms
to ensure that the units are affordable for a minimum of 99 years
for rental or a minimum of 30 years for homeownership units.
A use which has as its principal purpose the raising of agricultural products for commercial or home use, but not including the raising of livestock or farm animals (See § 350-5.3.) on parcels of five acres or less, and not including the sale of products, except for products raised on the premises.
Any construction, rearrangement, reconstruction or other
similar action resulting in a change in the structural parts, height,
number of stories, exits, size, use or location of a building or other
structure.
Geologic formation composed of rock or sand and gravel that
contains significant amounts of potentially recoverable potable water.
A profit or nonprofit entity which provides room and board
and where the operator provides a minimum of two meals a day and assistance
with activities of daily living for three or more elderly residents
or persons with disabilities, as defined and licensed, or as may be
defined and licensed in the future, by Massachusetts General Laws.
Establishment in which the principal use is the repair of
motor vehicles, including maintenance servicing, upholstery, etc.
No gas sales or retail allowed.
Establishment in which the principal use is the retail sale
of gasoline, oil, or other motor vehicle fuel, and may contain retail
convenience and variety goods for retail. The premises may include
facilities for polishing, greasing, washing, or otherwise cleaning,
servicing, or repairing motor vehicles.
A reference horizontal plane representing the average of
finished ground level adjoining a building at all exterior walls.
A structure attached to a building, the function of which
is to shelter the building's window(s) or door(s), and pedestrians
from rain, wind and sun.
See "flood elevation, base."
A portion of a building partly below grade, which has less
than 1/3 of its height measured from finished floor to finished ceiling,
below the average finished grade of the ground adjoining the building.
An owner-occupied single-family dwelling which may rent up
to a maximum of three rooming units for transient occupancy, not to
exceed a total of six renters (without individual kitchen facilities
and with an individual or shared bath/toilet facility, with at least
one toilet, one bath/shower and one wash basin, separate from those
required for the single-family dwelling), which share a common entrance
for the single-family dwelling. The use of that portion of the dwelling
devoted to transient occupancy shall be secondary to the use of the
dwelling as a single-family dwelling and shall not change the character
thereof.
An area within which one intact bicycle may be conveniently
and securely stored and removed, without requiring the movement of
other parked bicycles, vehicles, or other objects to access the space.
Spaces are:
Short-term: designed to serve trips of up to a few hours and
shall include bicycle racks, a fixed-in-place stand, which allows
a bicycle to lean against it in either an upright position with both
wheels on a level surface, or in a vertical position; or
Long-term: designed to serve residents and others who require
storage of a bicycle overnight, and which is designed to securely
enclose and protect bicycles from weather, being located in a building,
garage, bicycle shed, covered bicycle cage, or bicycle locker.
The Zoning Board of Appeals of the City of Northampton, Massachusetts.
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.
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 in excess of 18 inches.
A minimum percentage of the width of a lot’s street
frontage within the build-to-zone that must be occupied by a building.
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The line established by this chapter beyond which a building
shall not extend, except as specifically provided in this chapter.
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.
A building having any portion of one or more walls in common
or within five feet of an adjacent building.
A building having a minimum of five feet of open space on
all sides.
A building in which is conducted the principal use of the
lot on which it is located.
A building, lawfully existing at the effective date of this
chapter, or any subsequent amendment thereto, which does not conform
to one or more of the applicable regulations for the district in which
the building is located.
The area between the minimum and maximum front setback lines.
The build-to-zone is measured perpendicular to the street line of
any lot frontage. If the lot is on a street corner, the build-to-zone
applies to both frontages
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See "office."
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.
The diameter of a tree trunk of a new tree measured at 12
inches above the ground.
A portion of a building, partly or entirely below grade,
half or more than 1/2 of its height measured from finished floor to
finished ceiling, below the average finished grade of the ground adjoining
the building. A cellar is not deemed a story. (See Diagram 1 below.)
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A statement signed by the Building Commissioner setting forth
either that a building or structure complies with this chapter or
that a building, structure or parcel of land may lawfully be employed
for specified uses, or both.
A development undertaken in accordance with the provisions of § 350-10.5 of this chapter, 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 ordinarily expected from a typical conventional subdivision.
A vehicle registered for commercial use.
A facility operated by a religious, nonprofit or municipal
organization primarily to provide public facilities for meetings,
classes, teen centers and similar uses. A community center may include
artists' space and offices for nonprofit organizations if such uses
are clearly secondary to the primary use of the building and do not
include any residential or overnight components.
See "halfway house."
A retail establishment the primary purpose of which is to
sell, rent, lease, service, and/or otherwise maintain materials and/or
equipment involved in construction activities, including, but not
limited to hardware, lumber, and equipment sales, and millwork. The
hiring out of construction equipment intact with an operator is not
considered to be a part of a construction supply establishment.
The portion of the diameter of a tree's root system that
is the minimum necessary to maintain the stability and vitality of
the tree. For the purposes of this section, the critical root zone
shall be calculated by using the following formula: the diameter at
breast height in inches multiplied by 24. For example, for a tree
with a trunk diameter of 10 inches, the critical root zone would have
a diameter of 20 feet.
An exclusive bike facility that is physically separated from
motor traffic and distinct from the sidewalk. Cycle tracks have different
forms but all share common elements: they provide space that is intended
to be used exclusively or is used primarily for bicycles and are separated
from motor vehicle travel lanes, parking lanes, and sidewalks. In
situations where on-street parking is allowed, cycle tracks are located
to the curb side of the parking (in contrast to bike lanes).
Cycle tracks may be one-way or two-way, and may be at street
level, at sidewalk level, or at an intermediate level. If at sidewalk
level, a curb or median separates them from motor traffic, while different
pavement color/texture separates the cycle track from the sidewalk.
If at street level, they can be separated from motor traffic by raised
medians, on-street parking, or bollards.
Any destruction, damage or impairment, actual or probable,
to any of the natural resources of the commonwealth, including but
not limited to air pollution, water pollution, improper sewage disposal,
pesticide pollution, excessive noise, improper operation of dumping
grounds, impairment and eutrophication of rivers, streams, floodplains,
lakes, ponds, or other surface or subsurface water resources, destruction
of seashores, dunes, marine resources, underwater archaeological resources,
wetlands, open spaces, natural areas, parks, or historic districts
or sites.
The diameter of a tree trunk measured at 4.5 feet above the
ground.
The cessation of a nonconforming use unless evidence is provided
that the property has been actively and continuously marketed during
such time and said marketing has contemplated the continuation of
the nonconforming use. A nonconforming use which has been discontinued
for a period of two years cannot be reestablished. (See also "abandonment"
above.)
A zoning district established by this chapter.
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.
A circular area around a tree encompassing the tips of its
outermost branches from which rainwater tends to drip.
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 consumed in the vehicle; drive-in service
establishments such as banks, cleaners, and the like; and automotive
service stations, gasoline stations, or the like.
A space, located on a lot, built for access to a garage or
off-street parking or loading space.
Vehicular egress/access other than over the front lot line
to a parcel that may serve as access to more than one lot. For residential
uses in residential districts, any common driveway (serving more than
one lot) requires a site plan approval.
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", "three-family"
or "multifamily" dwelling shall not include hotel, lodging house,
hospital, membership club, mobile home, or dormitory.
A unit that is no larger than 800 square feet of gross living
area. Within the Table of Uses, where allowed and for the purposes
of calculating total allowable density, two half-scale units shall
be treated as one dwelling unit.
A single-family residential unit with all of the following
characteristics: a) designed for long-term occupancy and containing
sleeping accommodations, a flush toilet, a tub or shower bath and
kitchen facilities with plumbing and electrical connections provided
for attachment to outside 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 or more units, separately towable, which when
joined together have the characteristics as described above. For the
purposes of this chapter, a mobile home shall not be deemed a one-family
dwelling.
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 chapter 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.
A building containing four or more dwelling units and including
apartment houses and garden apartment houses, but not including a
townhouse.
A detached building containing one dwelling unit, also referred
to as a "single-family dwelling."
A detached building containing three dwelling units, but
not including a townhouse.
A residential building type in which two dwelling units are
contained within a single freestanding structure, including attached
accessory apartments, two-unit townhouses, and backyard cottages.
Units may be in distinct, but attached, masses.
Two single-family dwellings located on one lot is a residential
development type in which two freestanding detached single-family
dwellings are located on a single lot, including detached accessory
apartments, backyard cottages, and two-unit townhouses.
Rooms providing complete living facilities for the use of
one or more individuals, with permanent provisions for living, sleeping,
eating, cooking, and sanitation, whether owned, rented, leased, or
in a condominium or cooperative.
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 facilities) 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 communication
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 substation; 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.[1]
Individual or two or more persons related by
blood, marriage, or legal adoption living together as a single housekeeping
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 single housekeeping
unit. For purposes of controlling residential density, each such group
of four individuals shall constitute a single family.
Any private residence which on a regular basis, receives
for temporary custody and care during part or all of the day children
under seven years of age or children under 16 years of age if such
children have special needs; provided, however, that in either case,
the total number of children under 16 in family day care in the home
shall not exceed six, including participating children living in the
residence. "Family day care in the home" shall not mean a private
residence used for an informal cooperative arrangement among neighbors
or relatives, or the occasional care of children with or without compensation
therefor, or where all of the children are of the family of the owner-occupant
of the private residence. Family day-care facilities must be registered
with the Building Commissioner.
Any deposit, placement, storage 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.
The flood elevation as indicated on the Flood Insurance Rate
Map, prepared by the U.S. Department of Housing and Urban Development
for the National Flood Insurance Program.
To be made watertight to the level of the one-hundred-year
flood with walls substantially impermeable to the passage of water
and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy as certified
by a registered professional engineer.
The sum of the gross horizontal area of the several floors
including basements of a principal building and its 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
building intended and designed for the parking of motor vehicles in
order to meet the parking requirements of this chapter; or any such
floor space intended or designed for accessory heating, ventilating
and air-conditioning equipment.
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.
The uninterrupted length of the front lot line, as defined
herein, whether straight or not, which conforms to the minimum lot
frontage requirement and is on:
A public way or a way which the City Clerk certifies
is maintained and used as a public way; or
A way shown on a previously approved subdivision
plan which has been constructed to the standards required when subdivision
approval was granted; or
A way that predates subdivision control that
has, in the Planning Board's opinion, suitable width, grades, and
construction adequate and reasonable for vehicular traffic, including
emergency vehicles and snow removal vehicles, and the installation
of utilities.
A building or part thereof used for human funeral services.
Such building may contain space and facilities for a) embalming and
the performance of other services 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 other related
funeral supplies; d) the storage of funeral vehicles; e) facilities
for cremation; and f) the living quarters of an individual whose bona
fide occupation is in the funeral establishment.
A garage(s) for housing motor vehicles, with a capacity of
not more than three vehicles for a single-family dwelling, plus the
capacity for one additional vehicle for each additional dwelling unit.
Ground floor elevation is the height difference between the
average top grade of the edge of the sidewalk closest to the front
lot line to the top of the finished floor of the ground story of a
building.
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A type of ground floor facade that is designed to stand apart
from its surroundings due to the special nature of its use as a public
facility. A civic ground floor facade is associated with a civic building
which is often among the most prominently sited and architecturally
significant in a neighborhood. The design characteristics of a civic
ground floor facade vary widely, except that the entrance is typically
quite prominent.
A type of ground floor facade where the building facade is
aligned close to the street line or is set back from it a small distance.
A commercial front has substantial glazing on the ground floor, although
not as much as is typical of a storefront. The bottom sills of ground
floor windows may be higher than those in storefronts to provide a
degree of privacy.
A type of ground floor facade where the building facade is
set back from the street line with an intervening porch, stoop/ramp,
or portico providing a transition between the public realm and the
private realm. A residential facade is often elevated above the adjacent
public realm. It includes at least one pedestrian entrance. This type
is commonly associated with residential use, but may also be used
for commercial uses, especially in locations where commercial and
residential uses are in close proximity. A residential facade has
a moderate level of glazing.
A type of ground floor facade where the building facade is
aligned close to or at the street line with at-grade entries for each
ground level use. This type is commonly associated with retail, service
or hospitality uses. It is predominantly glazed and includes a high
level of design detail. It may include an awning or canopy that may
encroach into the Public Frontage Zone or Pedestrian Throughway Zone.
The front portion of the ground floor of a building that
is subject to limitations on allowed uses.
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All the water found beneath the surface of the ground.
A waste which is hazardous to human health or the environment
as designated by the U.S. Environmental Protection Agency under 40
CFR 250 and the regulations of the Massachusetts hazardous Waste Management
Act, MGL c. 21C.
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 formally
recognized by an agency of the commonwealth. 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.
Any structure or use:
Used by a government agency if not otherwise
exempt from zoning or allowed elsewhere in this chapter; and
Any of the following specific uses conducted
by or for the City of Northampton: truck or equipment storage garage
or yard, vehicle repair garage, or waste recycling plant; and
Any public or private sanitary landfill, dump,
incinerator, or water or sewage treatment facility.
The vertical distance from the average finished grade of
the adjacent ground to the 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 highest gable or slope of a hip roof. (See Diagram 2 below.)
A building built prior to 1940 or listed on or determined
eligible for listing on the National Register of Historic Places and
used for at least 20 continuous years, including some point in the
last 10 years, for religious purposes or for educational purposes
on land owned or leased by the commonwealth or any of its agencies,
subdivisions or bodies politic or by a religious sect or denomination
or by a nonprofit educational corporation.
A vocation, trade, small business, craft, art or profession which is conducted within the principal residential or accessory building of a property by a bona fide resident of that main building and which, by nature of its limited size and scope, does not cause any significant outward manifestation (such as traffic generation, parking congestion, noise or air pollution, outdoor materials storage, and public service or utility demand) which is uncharacteristic of or an additional disturbance to the residential neighborhood in which said property is located. The following occupations are not considered home businesses if clients will be seen in the home, although other uses may be excluded on a case-by-case basis: any traditional medical/dental practice, veterinary hospital, restaurant, retail or wholesale supply shop or store, or any mortuary. (See § 350-10.12 for additional criteria.) A home business is allowed by right when the following conditions are met:
It must not occupy more than 40% of the gross combined floor
area of the main residential building and the accessory structure
(if such accessory structure is utilized for said home business).
It must be clearly incidental and secondary to the use of the
building or property for residential dwelling purposes.
Any practitioner of the home business who will work on-site
must occupy the main residential building as his/her bona fide residence.
There shall be no more than 25 visits per week by clients/customers/contractors,
etc., related to the business being conducted unless otherwise authorized
through a Zoning Board of Appeals special permit. The Building Commissioner
shall make the final determination, subject to appeal to the Zoning
Board, as to the likely number of visits that a proposed use will
generate.
For practitioners who see clients/customers or any kind of visitors,
hours of operation shall be between 7:00 a.m. and 8:00 p.m. unless
otherwise authorized through a Zoning Board of Appeals special permit.
For practitioners who see clients/customers or any kind of visitors,
registration with the Building Commissioner is required and shall
include information on number of clients projected.
Up to two "open studios" per year, unless otherwise authorized
through a Zoning Board of Appeals special permit.
No goods, except for those created in the home or those sold
by Internet, telephone or electronic transactions, may be sold from
the premises.
No outdoor storage of materials, merchandise, or equipment for
the home business is allowed.
If said home business takes place in an accessory structure, then said structure must conform to the setback requirements for accessory structures in that district, unless a finding by the Zoning Board of Appeals in accordance with § 350-9.3 is made.
It shall produce no noise, obnoxious odors, vibrations, glare,
fumes or electrical interference which would be detectable to normal
sensory perception beyond the lot line.
The portion of any structure utilized for a home business shall
conform to all applicable Fire, Building, Electrical, Plumbing and
Health Codes.
A use providing twenty-four-hour emergency room services,
outpatient services, and twenty-four-hour impatient services for persons
admitted thereto for the diagnosis, medical, surgical or restorative
treatment including accessory uses that serve the hospital's needs,
including but not limited to cafeteria and pharmacy. A hospital does
not include nursing home, assisted living residence, or nonhospital
medical center or medical office.
A building providing for the diagnosis and treatment of ailments
of animals other than human, including facilities for overnight care,
but not including crematory facilities.
A building or group of buildings, part of a building containing
rooming units without individual cooking facilities for transient
occupancy and having a common entrance or entrances or individual
exterior entrances; and including an inn, motel, motor inn and tourist
court, but not including a boardinghouse, lodging house or rooming
house.
Materials or structures on or above the ground that do not
allow precipitation to infiltrate the underlying soil.
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."
Any motor vehicle not capable of being used as such in its
existing condition by reason of being damaged or dismantled or failing
to contain parts necessary for operation and otherwise qualifying
as junk.
The percent of the site, including buffers and setbacks,
which will be planted with vegetation (i.e., grass or live ground
cover, shrubs, trees), or on which existing vegetation will be left
undisturbed, underlaid by a pervious surface (soil). Used as a measure
of the intensity of land use.
Waste materials including solid wastes, sludge and pesticide
and fertilizer wastes capable of releasing waterborne contaminants
to the environment.
The net floor area within a dwelling unit exclusive of utility
rooms, closets, attics, and cellars.
An off-street space at least 12 feet in width, 50 feet in
length and with a vertical clearance of at least 14 feet, having an
area of not less than 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 Building Commissioner to not less than 300 square
feet which includes access and maneuvering space, when it is clearly
evident that service vehicles utilizing said space will not require
the area listed above.
A building containing four or more lodging units.
One or more rooms for the semipermanent use of one, two,
or three individuals not living as a single housekeeping unit and
not having individual kitchen facilities. A "lodging unit" shall include
rooms in boardinghouses, lodging houses or rooming houses. It shall
not include convalescent, nursing or rest homes; dormitories or charitable,
educational or philanthropic institutions; or apartments, hotels or
tourist homes/bed and breakfast facilities.
A parcel of land held in fee simple ownership designated
on a plan or deed filed with the Hampshire County Registry of Deeds
or Land Court; however, contiguous lots in common ownership may not
be divided except in conformance with this chapter. Two or more contiguous
lots in common ownership may be treated as one lot for the purposes
of this chapter; provided that the combined lots are used as a single
lot would customarily be used. The following shall not be counted
toward land within the minimum lot area: land under permanent water
bodies; land within public ways, and land within private ways and
rights-of-way where the general public has the right of access by
automotive vehicles.
A lot at the point of intersection of and abutting on two
or more intersecting streets, the interior angle of intersection of
the street lot lines, or extended lot lines in case of a curved street
being not more than 135°. For purposes of this chapter, the yard
adjacent to each street shall be considered a front yard; however,
this will not affect designation of the front line. (See Diagram 4
below.)
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The mean horizontal distance, measured perpendicular (at
right angles) to the front lot line, between the front lot line and
the rear of the lot. Said distance shall be measured from a portion
of the front lot line that equals the minimum lot frontage, and no
(principal) structure may be placed on a portion of the lot that has
a depth less than the minimum lot depth required.
(See "frontage" above.)
Any lot other than a corner lot or a through lot.
In addition to the minimum lot area, depth, width and frontage
requirements, lots shall be laid out in such a manner so that a square,
with sides equal to the minimum frontage requirement for the zoning
district in which it is located, can be placed within the lot with
at least one point of the square lying on the front lot line with
no portion of the square extending beyond the boundaries of the lot.
The property line dividing a lot from a single street right-of-way.
In the case of a corner lot or a through lot, at least one front lot
line shall conform to the minimum lot frontage requirement.
The lot line most nearly opposite from the front lot line.
(See Diagram 4 above.)
Any lot line not a front or rear lot line. (See Diagram 4
above.)
See "preexisting nonconforming lot."
A lot which abuts two streets, but not at their intersection.
(See Diagram 5 below.)
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The horizontal distance (measured parallel to the front lot
line) between the side lot lines. At no point, between the front lot
line and the rear of the principal structure (said rear being the
furthest point of the structure from the front lot line) located on
the lot, shall the lot have a width less than the minimum lot width
required.
Heavy or light industry, manufacture or assembly of a product,
including processing, fabrication, assembly, treatment, packaging,
and allowed accessory uses.
Medical marijuana treatment center (MMTC) and registered
marijuana dispensary (RMD), defined and regulated by St. 2012, c.
369, and the Massachusetts Department of Public Health regulations,
105 CMR 725.000 et seq., along with any related land use owned, controlled,
or contracted by the MMTC where marijuana may be present.
Growing and cultivating outdoors without greenhouses, hoop
houses or other covered structures with the exception of cold frames
or row covers used to start seedlings, less than 24 inches tall, and
only between April 1 and May 31. Accessory buildings to support outdoor
growing may be no larger than 1,000 square feet and may only be used
for meeting the requirements of the Cannabis Control Commission for
providing bathrooms, weighing, measuring, seed distribution, tracking
and other activities required of harvested plants to prepare them
for shipment off site.
Marijuana cultivating, growing and processing facilities,
where marijuana plants are grown and marijuana products are manufactured
and/or tested, but not where sales to consumers are made.
Any facility in which a "marijuana retailer," as defined
in 935 CMR 500.02, sells marijuana.
A building or group of buildings used for the offices and
facilities accessory to the practice of licensed medical practitioners,
(including physicians, dentists, optometrists, ophthalmologists, and
persons engaged in all fields related generally to medicine, but not
including veterinarians) and including such common facilities as an
outpatient clinic or emergency treatment rooms, but not including
inpatient facilities.
Where:
Workers perform their primary occupations which
are otherwise permitted in that zoning district and where businesses
and artists create original and creative works (such as books, writings
or compositions for sale, paintings, sculptures, traditional and fine
crafts, creation or acting of films, creation or performance of dances);
and
Those workers and artists and their immediate
families live in the same building or property as where they work,
although not necessarily in the same unit; and
Residential space is clearly secondary to work
space and consists of no more than 50% of the total residential/work
space; and
Residential space is located above the first
floor.
See "dwelling, mobile home."
See "dwelling, modular home."
Any vehicle self propelled by a battery-powered, electric
or internal combustion engine, which are permitted and requires a
valid registration legally issued by a governmental authority in order
to be operated on a public way. A motor vehicle shall include but
not be limited to automobiles, trucks, buses, motor homes, motorized
campers, motorcycles, motor scooters, tractors.
Any part or parts of any motor vehicle.
Municipally owned facilities utilized in the provision of
services normally provided by municipalities, such as schools, parks
(including related banquet facilities operated in accordance with
the City of Northampton Open Space and Recreation Plan), playgrounds,
municipal office buildings, and the like, but not including any facility
defined as essential facilities, or as a heavy public use, or any
use specifically listed in the Table of Use Regulations.[2]
See "sign, nonaccessory."
Also known as extended care home, rest home, or convalescent
home. A nursing home is any state-licensed facility for two or more
patients that provides beds and domiciliary and/or nursing care for
chronic or convalescent patients and which is properly licensed by
the state, but not including assisted living residences.
A room, studio, suite or building in which a person transacts
his business or carries on his stated occupation. For the purpose
of this chapter, 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 shall not be deemed to include a veterinary hospital.
See "flood elevation, base."
The space on a lot unoccupied by buildings or structures,
unobstructed to the sky by man-made objects other than walks, swimming
pools, and terraced areas, not devoted to streets, driveways, off-street
parking or loading spaces and expressed as a percentage of total lot
area.
The Outdoor Advertising Board of the Commonwealth of Massachusetts
or any board or official which may hereafter succeed to its powers
or functions.
A principal (but not accessory) use operated either for profit
or not for profit, with the principal purpose being the provision
of outdoor recreational facilities, whether these 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.
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.
A dwelling that is the principal residence of the owner and
where the owner resides or intends to reside as his or her domicile.
A permit issued by the Building Commissioner indicating near
compliance with the provisions of this chapter and allowing occupancy
or use on a temporary basis while full compliance is achieved.
A permit issued by the Building Commissioner on the basis
of plans and other submitted material to allow construction or other
preparation for the use or occupancy of a building.
A lot which, when originally created, conformed to any zoning
requirements relative to minimum lot area, minimum lot width and frontage,
and/or minimum lot depth which were then in effect, but which zoning
requirements have since been amended so that said lot would no longer
conform in all respects to such new requirements.
A structure or addition which, when originally constructed,
was lawfully in existence or lawfully begun and conformed to any zoning
requirements relative to minimum setbacks, maximum floor area ratio
or other dimensional and area requirements which were then in effect,
but which zoning requirements have since been amended so that such
structure or addition would now require a variance.
A use which, when originally commenced, was lawfully in existence
or lawfully begun and was permitted in the zoning district in which
it was located, but since then this chapter has been amended so that
such use would now require a special permit or would be prohibited
and would require a use variance.
Areas which are underlain by surficial geologic deposits
including glaciofluvial or lacustrine stratified drift deposits or
alluvium or swamp deposits, and in which the prevailing direction
of groundwater flow is toward the area of influence of water supply
wells.
The maximum number of feet allowed between principal ground
floor entrances on a street-facing facade of a building.
The Furnishing and Utility Zone is the area of the sidewalk
where pedestrians might pause or rest on benches or cafe seating and
where many of the utilities, like lighting and hydrants, are located.
This is the area typically planted with street trees. The Furnishing
and Utility Zone varies in width.
The Lot Frontage Zone is made up of the combination of the
build-to-zone and the area (if any) between the front lot line (also
known as the “street line”) and the minimum front setback.
The Lot Frontage Zone is measured from the street line of any lot
frontage. If the lot is on a street corner, the Lot Frontage Zone
applies to both frontages.
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The Pedestrian Throughway Zone is the primary portion of
the sidewalk used for active movement and travel by pedestrians.
The Public Frontage Zone is the area between the Pedestrian
Throughway and the front lot line. The size and character of the Public
Frontage Zone varies widely depending on context. On narrow streets,
the Public Frontage Zone may be absent. On wide streets, the Public
Frontage Zone provides a transitional space for people who are entering
or exiting a building or pausing to read a menu or peer through a
shop window. The materials and design of the Public Frontage Zone
is often indistinguishable from the Pedestrian Throughway or the Lot
Frontage Zone. The zones differ in their functions and the public
realm components they can accommodate.
The Vehicle Throughway is the area of the public right-of-way
that is dedicated to multiple modes of vehicular traffic.
Any radioactive materials which are no longer in use nor
being stored for future use, except that for the purpose of this chapter
the following items shall not be considered radioactive waste:
Personal or household items or waste containing
minimal amounts of radioactive material, such as watches or smoke
detectors.
Waste which does not qualify as low-level radioactive
waste under MGL c. 111H, generated by or through the use of radioactive
material for medical procedures or research facility licensed by the
Nuclear Regulatory Commission.
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 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 an agent or any 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 time shall be measured, in the
case of receipt by an agency, from the date shown on the stamp or
with the signature of the appropriate official; and in the case of
receipt by a board, from the date of the first regular meeting of
the board following acceptance 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.
Any building wherein 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 stations; 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 cabinetmaking establishments.
A facility primarily for scientific or product research,
investigation, testing, or experimentation, along with incidental
offices, incidental storage, incidental manufacture and sale of products,
and incidental employee-only facilities.
The sale rental, or repair of goods and/or provision of services
including antiques, apparel, appliances (home use), art supplies,
bakeries, barbershops, beauty shops, books, cameras, card shops, china
and pottery, draperies and interior decorating supplies, drugs, film
developing and printing, florist, fruit, furniture, gifts and stationery,
grocery, hardware, housewares and home furnishings, jewelry, laundering
and other garment servicing, music, newsstand, novelties, paint, shoes,
pet supplies and pet grooming, shoe cleaning or repair, specialized
food, sporting goods, toys, tailors, vegetable markets, and other
similar places of business; includes discount food and merchandise
clubs.
A roof with no slope greater than 2:12.
A roof sloped on two sides from a central ridge with an exterior
wall (gable) enclosing each end.
A compound, gabled roof with two slopes on each of its sides,
where the lower has a steeper slope or pitch than the upper, inclusive
of English, Dutch, and Jerkin Head gambrel roofs.
A roof with four uniformly pitched or sloping sides, inclusive
of kicked hip (witch’s hat) and Hawaiian hip roofs.
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.
The minimum distance from a lot line to a building placed
thereon, or feature thereof as is required in a particular situation
by the Table of Dimensional and Density Regulations. Said setback
shall be measured perpendicular (at right angles) to the lot line.
At no point shall any structure on the lot be any closer to any street
line, whether said street line directly abuts the lot or not, than
the minimum front yard setback requirement for that zoning district.
(See Diagram 6 at the end of this section.)
Setback required from a front line and from any street line
of a corner lot or a through lot. (See Diagram 6 at the end of this
section.)
A line, whether straight or not, which denotes the location
of the minimum setback.
Setback required from a rear line. (See Diagram 6 at the
end of this section.)
Setback required from a side line. (See Diagram 6 at the
end of this section.)
A dwelling unit or a room within a dwelling which is leased
to an individual or a group for less than 28 days at a time. (A room
for rent within an owner-occupied dwelling unit is an allowed accessory
use for any dwelling unit.)
Any permanent or temporary structure, device, blimp, letter,
work, model, banner, pennant, insignia, trade flag, or representation
used as, or which is in the nature of, an advertisement, announcement,
or direction, or is designed to attract the eye by any means including
intermittent or repeated motion or illumination. A sign shall include
lettering on a motor vehicle or trailer unless the vehicle or trailer
is licensed for road travel and is in use or parked in a legal parking
or loading area.
Any sign that advertises or indicates the person occupying
the premises on which the sign is erected or maintained or the business
transacted thereon, or advertises the property itself or any part
thereof as for sale or rent, and which contains no other matter.
A sign used to direct attention to a service, product sold,
or other activity performed on the same premises upon which the sign
is located.
Any sign advertising products or services other than products
or services available on the lot on which the sign is located, or
any sign which is not located within 200 feet of the building or other
structure at which the products or services thereon are available.
A sign erected on or affixed to the land including any exterior
sign not attached to a building.
A sign used simply to identify the name, address, and title
of an individual family or firm occupying the premises upon which
the sign is located or to give information, such as time or temperature.
Any tree of 20 inches diameter at breast height (DBH) or
larger or any other tree specifically identified as a specimen tree
on any Tree Inventory Plan adopted by the Planning Board.
Any sign not an accessory sign.
For a sign, either freestanding or attached, the area shall
be considered to include all lettering, 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 individual letters, designs and symbols attached
to or painted directly on the surface of a building, wall, window,
awning/canopy or other approved surfaces, with no other background,
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.
A sign affixed to the exterior wall of a building and extending
not more than 15 inches therefrom.
Wireless telecommunications antennas and equipment that are
mounted on structures less than 50 feet tall, including their antennas,
or are not more than 10% taller than adjacent structures, with antennas
of less than three cubic feet in volume, and with wireless equipment
associated with the structure, including the wireless equipment associated
with the antenna and any pre-existing associated equipment on the
structure, that is no more than 28 cubic feet in volume, for the purpose
of providing wireless telecommunications, consistent with Federal
Communication Commission regulations, standards and orders for small
cells, including no RF frequency in excess of FCC rules. Small cells
are distinct from satellite antennas elsewhere defined in this section.
A solar photovoltaic system and related accessory structures
that is structurally mounted on the ground and is not roof-mounted,
and has a minimum rated electric power output of 250 kilowatts (kW)
direct current (DC). Such a system is considered a use classified
as a private utility substation or similar facility in the Table of
Uses if not otherwise specified separately.[3]
A special authorization to conduct a particular use or to take advantage of a particular situation set forth in this chapter, subject to the provisions of § 350-5.2, the Table of Use Regulations, where applicable, and the particular section authorizing the special permit where applicable.
That body or individual empowered to grant special permits.
As specified by the section providing for the granting of the special
permit, that body or individual may be the Zoning Board of Appeals,
the Planning Board, or the City Council. Where no specific such body
is named, the Zoning Board of Appeals shall have jurisdiction.
The portion of a building which is between one floor level
and the next higher floor level. If a mezzanine floor area exceeds
1/3 of the area of the floor immediately below it, the mezzanine shall
be deemed to be a story. A basement shall be deemed to be a story,
and a cellar shall not be deemed to be a story. An attic shall not
be deemed to be a story if unfinished and without human occupancy.
(See Diagram 7 at the end of this section.)
A story under a gable, hipped, or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than two feet above the floor of such story. (See Diagram 7 at the
end of this section.)
A combination of materials for permanent or temporary occupancy
of use, such as a building, bridge trestle, tower, framework, retaining
wall supporting more than four feet of unbalanced fill, tank, tunnel,
tent (except those less than 120 square feet and erected for fewer
than 30 days), solar panel, wind turbine, stadium, reviewing stand,
platform when more than one foot above grade, swimming pool, permanently
affixed play structure , shelter, pier, storage container, sign, fuel
pump, recreational court, or the like.
Any structure which is incidental and subordinate to the
principal structure, but which is located on the same lot as the principal
structure. Accessory structures shall not exceed 40% of the gross
floor area of the principal structure(s) and shall not contain bathing,
sleeping or kitchen facilities.
A structure lawfully existing at the effective date of this
chapter, or any subsequent amendments thereto, which does not conform
to all applicable regulations of this chapter for the district in
which it is located.
Any repair, reconstruction, or improvement of a structure
within a five-year period which either increases the building area
or the original structure by 15% or more, or the cost of repair, reconstruction,
or improvement which equals or exceeds 15% of the assessed value of
the original structure, either before the improvement is started or,
if the structure has been damaged and is being restored, before the
damage occurred.
Towers, antennas and accessory structures, including personal
wireless facilities, used in connection with the provision of cellular
telephone service, personal communications services, paging services,
radio and television broadcast services, and similar broadcast services.
Telecommunications facilities do not include the following facilities
which are accessory uses or structures: antenna used solely for residential
household television and radio reception; satellite antenna which
are not visible from a neighboring property or public way and satellite
antenna measuring two meters or less in diameter; nor amateur radio
facilities under 65 feet above ground actively used in accordance
with the terms of any amateur radio service license issued by the
Federal Communication Commission, provided that the tower is not used
or licensed for any commercial use.
Structures designed to support antennas, including freestanding
towers, guyed towers, monopoles, towers on buildings, and similar
structures.
A system of electrical conductors that transmit or receive
radio frequency signals, but not including any support system designed
to increase the height of the antenna above the tower or building.
Such signals shall include but not be limited to radio, television,
cellular, paging, personal communication services (PCS) and microwave
communications.
Temporary event or use with a temporary events permit from
City Council, a license from the Parking Commission for short-term
temporary use of facilities under its jurisdiction, or a permit from
the Board of Public Works for use of streets, sidewalks or Pulaski
Park, in accordance with the Northampton Code of Ordinances and any
applicable regulations.
See "permit, temporary occupancy."
Builder, carpenter, electrician, painter, plumber, tree surgeon,
landscape gardener or similar building trade occupation.
A row, attached side-to-side (not on top of each other),
of at least two and not more than eight dwelling units. Each unit
in the row may be owned by a separate owner.
Any motor vehicle required to be registered by law of the
Commonwealth of Massachusetts for operation on public ways, not so
registered.
A requirement that the front facade of the upper floor(s)
of a building must be retracted further from the front lot line than
the front facade of lower stories of a building.
The purpose for which a structure or lot is arranged, designed,
or intended to be used, occupied or maintained.
A use which is customarily incidental and subordinate to
the principal use of a structure or lot, or a use which is not the
principal use, but which is located on the same lot as the principal
structure, provided that said accessory use is permitted in that district
under this chapter. Accessory uses shall be interpreted as not exceeding
40% of the area of the total use of the structure and/or lot on which
is located.
Two or more principal uses occupying the same structure or
lot, where more than one principal use is permitted on the lot.
See "preexisting nonconforming use."
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 chapter. Any other use within the main structure
or the use of any other structure or land on the same lot and incidental
or supplementary to the principal use and permitted under this chapter
shall be considered an accessory use.
A use which by reason of its normal operation would cause
readily observable differences in patronage, service, appearance,
noise, employment or similar characteristics from the use to which
it is being compared.
Such departure from the terms of this chapter as the Board
of Appeals is empowered to authorize.
See "hospital, veterinary."
The percent of total visible light that is reflected by a
glazing system. The lower the number, the less visible light reflected.
The percent of total visible light that is transmitted through
a glazing system. The lower the number, the less visible light transmitted.
Includes, but is not limited to, wet meadow, marshes, swamps,
bogs, areas where groundwater, flowing or standing surface water or
ice provide a significant part of the supporting substrate for a plant
community for a significant part of the year; emergent and submergent
plant communities in inland water; that portion of any bank which
touches any inland waters; and the land, including submerged land,
which consists of any soil types designated as, but not limited to,
very poorly drained as identified 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, of the Massachusetts
Wetlands Protection Act and any local wetlands ordinance.
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 provisions of this chapter.
(See Diagram 6 at the end of this section.)
The portion of a lot lying between the front line and the
front setback line. (See Diagram 6 at the end of this section.)
The portion of a lot lying between the rear line and the
rear setback line. (See Diagram 6 at the end of this section.)
The portion of a lot lying between a side line and the corresponding
side setback line. (See Diagram 7 at the end of the section.)
See "permit, zoning."
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[1]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
[2]
Editor's Note: The Table of Use Regulations is included at the end of this chapter.
[3]
Editor's Note: The Tables of Uses are included as attachments to this chapter.
