City of Chicopee, MA
Hampden County

§ 275-21 Conformance required.

No building, structure or premises shall be erected, altered or used in a manner which does not conform to the provisions of this chapter.

§ 275-22 Nonconforming uses.

A. 
Structures or uses lawfully in existence or begun or for which a building or special permit has been issued before the first publication of notice of public hearing on this chapter may be constructed and/or continued in their present use. Provisions of this chapter shall apply to any change or extension of such a use or structure and to any construction or operations under a building or special permit which has not commenced within a period of six months after the issuance of the permit.
B. 
Any nonconforming use abandoned or not used for a period of two years of more shall be governed by the provisions of this chapter.
C. 
The City Council may grant as a special permit the right to extend a nonconforming use by up to 25% of its fair market value or its area or the right to alter the use for a purpose not otherwise permitted in the district if it is found that the proposed use will be less obnoxious and in greater conformance with the intent of the zoning district within which it lies and will promote the purposes of this chapter.
[Amended 9-1-2009]

§ 275-23 Restoration of damaged buildings.

[Amended 9-1-2009]
Nothing in this chapter shall prevent substantial restoration within 12 months and a continuance of use of a building which has been damaged by fire, explosion, flood, riot, act of public enemy or acts of any kind to such an extent that the estimated cost of such restoration does not exceed 3/4 of the fair value of the building based on the replacement cost immediately prior to such damage. Such cost estimate, fair value and replacement cost shall be determined by the Building Commissioner. In the case of a building or structure not conforming in use or construction to the provisions of this chapter which apply to the district in which it is located and so damaged to a greater extent, the City Council may grant a special permit for restoration and continuance of use where neither will, in its opinion, be detrimental or injurious to the character of the neighborhood. Setback and side yard requirements, however, must conform to the minimum requirements for the district within which the building or use is to be located. The City Council may grant a special permit for the right to restore nonconforming uses beyond the 3/4 of fair value limit, but in no case may the restored value exceed by 25% the replacement cost immediately prior to such damage.

§ 275-24 Restoration of unsafe buildings.

Nothing in this chapter shall prevent the strengthening or restoring to a safe condition of any building wall declared unsafe by the Building Commissioner.

§ 275-25 Preservation of lot size.

No lot or plot shall be so reduced in area that any yard, court, open space or lot size shall be smaller than as prescribed in this chapter for the district in which it is located.

§ 275-26 Minimum lot frontage.

Not more than one building designed or available for use for dwelling purposes shall be erected or placed or converted to use on any lot within the City of Chicopee, except as provided within the Zoning Ordinance. No building to be occupied in any part for dwelling purposes shall be constructed on any lot unless such lot has a frontage on a public street or on a street which has been approved under the provisions of the Subdivision Control Law or on a private way which is in a condition which meets the design and construction standards of City streets.

§ 275-27 Height exceptions.

[Amended 9-1-2009]
The provisions of this chapter governing the height of buildings in all districts shall not apply to parapets, cupolas, belfries, chimneys, flag- and radio poles, gas holders, grain elevators, water towers or to bulkheads, hose towers, elevator enclosures, water tanks, scenery lofts or scenery towers, silos, farm buildings, churches, municipal or governmental buildings or reception and/or transmission antenna facilities less than 25 feet in length. The City Council may grant a special permit for reception and/or transmission antenna facilities greater than 25 feet in length.

§ 275-27.1 Wireless communications.

[Added 5-22-1997 by Ord. No. 97-18]
A. 
Purpose. The purpose of this section is to comply with the Telecommunications Act of 1996 and to minimize adverse visual and physical impacts to properties and persons in surrounding areas and to the City in general.
B. 
Special permits. A wireless communications facility may be installed upon issuance of a special permit by the City Council. Special permits for wireless communications land uses are subject to compliance with the requirements of the underlying zone and to the following standards. The City Council may, but is not required to, waive height and/or setback requirements set forth in this section. Requests for waivers must be made in writing at the time of application, with suitable documentation relative to site constraints.
[Amended 9-1-2009]
C. 
Facility provider control area. Any ground-mounted or side-mounted wireless communications facility and any accessory structure shall be enclosed within an area no less than the radius fall area at least 10 feet greater than the pole height of the facility.
D. 
Zoning requirements; Business A, B, and C and industrial with a special permit. When dimensional requirements of this section contradict zoning requirements for the zoning district in which the facility is proposed, this section shall take precedent.
E. 
Fencing. Fencing shall be a minimum of six feet in height with a radius of 15 feet. Fencing may be protective in design, chain link, not wood, but shall not include barbed wire. Maintenance of safe access to abutting properties is required.
F. 
Screening. A landscaped buffer of evergreen shrubs and/or trees shall be provided outside the fenced area. Mature vegetative buffer must equal fence height. Initial plantings of evergreens intended to serve as the screen shall be five feet in height and spaced no more than three feet apart. Plants must be maintained in a healthy condition.
G. 
Setback. Ground-mounted facilities shall observe a setback of 100% plus 10 feet of tower height from nonresidentially used abutting parcels and 200% of tower height from residentially used or residentially zone abutting parcels. In no case shall a ground-mounted or side-mounted facility built as an accessory use be allowed on any portion of a lot between a street lot line and a principal building.
H. 
Co-location. Proposed wireless communication facilities of any type must demonstrate adequate engineering standards to provide for the location of two more wireless communications carriers.
I. 
Height. Height calculations shall include building height for roof-mounted facilities. Maximum height for wireless communications facilities in business zones is 190 feet; in industrial zones is 190 feet.
J. 
Discontinuance. All unused facilities or parts thereof or accessory facilities and structures which have not been used for more than one year shall be dismantled and removed at the owner's expense. NOTE: The City will require a minimum bond of $20,000 for this prior to issuance of a certificate of occupancy. This amount may be reviewed and altered at five-year intervals.
K. 
Additional co-locations. Additional co-locations will be $50 per carrier; $100 per location.
L. 
Procedures for special permits. All special permit applications for wireless communications facilities shall include the following:
(1) 
A completed copy of the applicable form.
(2) 
A locus plan showing all the property lines, the exact location of all existing and proposed structures on the site, the fall area, street, landscape features and footprints of all buildings within 500 feet of the facility.
(3) 
A color photograph or rendition of the facility and all its appurtenances.
(4) 
A written description of the facility and the technical, economic and other reasons for the proposed location, height and design and its capacity to serve one or more service providers.
(5) 
Confirmation that the facility complies with all applicable federal and state standards.

§ 275-28 Projections and encroachments in yards.

Except as hereinafter specified, yards and courts required by this chapter shall be open and unobstructed to the sky. Cornices, leaders, belt courses, sills and similar ornamental features may project six inches over any yard.

§ 275-29 Property maintenance.

[Amended 9-21-2010 by Ord. No. 10-41]
No owner of land shall permit his property to become overgrown with underbrush or vegetation or blocked by snow where such interferes with safe passage or hinders the visibility of pedestrians or motorists so as to create a traffic hazard thereby, whether such motorists or pedestrians are on public or private property. Said owner shall not permit accumulations of rubbish, trash or other noxious materials unless appropriate licenses or permits required by law are obtained. This section may be enforced by the Health Department against the legal owner of the property. Any person or entity who fails to comply with this section shall be fined up to $50 per day after receiving written notice by the Health Department.

§ 275-30 Storage of trucks and other equipment.

A. 
No truck, truck body, truck-towed trailer, tractor-towed trailer or other equipment manufactured for use for hauling or carrying materials over the highways shall be used for storage of any materials of any kind, whether or not said truck, truck body, truck-towed trailer, tractor-towed trailer or said other equipment is registered in accordance with MGL c. 90 or in accordance with the laws of any other state; nor shall the aforesaid be parked or stored in any place in any district for any time in excess of two weeks, unless said place is used as a truck terminal or a parking area for equipment rented to members of the general public for use on the highways. Excluded are those vehicles or tandem trailers or wheel boxes that are utilized for the construction of buildings and are placed in a construction site temporarily and trailers which are utilized for temporary offices or sanitation stations.
B. 
The City Council may authorize by special permit the temporary use of the above-mentioned equipment for storage by nonprofit and charitable institutions for such activities as paper drives and refuse recycling.
[Amended 9-1-2009]

§ 275-31 Soil removal and landfill.

A. 
No person or corporation shall remove ground minerals, topsoil, gravel, sand or clay from any of the zones in the City of Chicopee for any purpose or operate a commercial landfill operation without first obtaining a special permit from the City Council.
[Amended 9-1-2009]
B. 
The applicant shall file with the City Clerk a plan showing the area to be excavated or filled. Said plan shall show the following information:
(1) 
Existing and proposed contours at five-foot intervals.
[Amended 10-20-1981]
(2) 
Abutting land use and ownership.
(3) 
The location of all entrances and exits to be used by vehicles working on the site.
(4) 
Existing and proposed waterways and ponds.
(5) 
An indication that the plan has been reviewed by the Building Commissioner, City Engineer and the Department of Planning and Development and the Chicopee Conservation Commission.
[Added 12-2-1980]
C. 
No such permit shall be granted to authorize any such removal or fill which would result in the site being inadequately drained. No ponding of water shall occur unless specifically approved within the plan.
D. 
All excavation or filling shall be so conducted that the side banks of the area on all sides wherever such excavation or filling has been done shall be left safe at all times during the course of the work, and, upon completion of the same, the area shall be left in a safe condition so that no overhanging edges shall be left or any side slopes of more than one vertical to 1 1/2 horizontal.
E. 
Each permit shall be granted for a definite period of time to be fixed by said Board, but no such permit shall be granted for a period of more than three years from the date thereof. The Board may revoke said permit if, after holding a public hearing, violations of this chapter or the permit have been found.
F. 
This section shall not be construed to apply to any such removal or filling incidental to the construction or alteration of any structure for which a building permit has been obtained or street which has been approved by the Planning Board.
[Added 12-2-1980]
G. 
After termination of the excavation or at the termination or revocation of the special permit, whichever is sooner, all persons excavating shall be required to resurface the area excavated with a minimum of six inches of topsoil covered by hay or straw or other suitable materials to prevent erosion. All completed and unused areas shall be seeded and covered with vegetation during the first growing season following the work.
H. 
A performance bond to be filed with the City Treasurer (to be set by the City Council in consultation with the City Engineer) shall be required sufficient to insure the completion of all restoration work and shall be accompanied by an easement to allow such work to be filed with the Registry of Deeds. The above-mentioned plan shall be forwarded to the Building Commissioner, who, with cooperation from the City Engineer, shall inspect all work performed under this chapter.
[Amended 9-1-2009]
I. 
All special permits for soil removal or landfill shall expire upon the lapse of time as fixed by the City Council. Following such lapse, all rights granted by the special permit shall be extinguished. The rights granted under a special permit may be reestablished by filing for a renewal at least 60 days prior to the expiration.
[Added 4-7-1981; amended 9-1-2009]

§ 275-32 Swimming pools.

A. 
No pool for which a building permit is required shall be located nearer than six feet to any lot line.
B. 
All such swimming pools shall be enclosed by a chain link, secure fence or wall at least four feet high. The location of the fences and the design of the gates and latches must be of a design which is reasonably secure for very young children in the opinion of the Building Commissioner.
C. 
No swimming pool shall be located within the City unless it complies with appropriate state and local health codes and Statewide Building Code.

§ 275-33 Corner view clearance.

Between the property lines of streets intersecting at an angle of less than 135º and a line joining points on such lines 20 feet distant from their point of intersection, no building or structure may be erected and no vegetation may be maintained above a height 3 1/2 feet above the plans through their curb grade. Within this area, no snow can be piled up above 3 1/2 feet.

§ 275-34 Applicability of State Building Code.

Nothing in this chapter shall regulate or restrict the methods of construction of structures regulated by the State Building Code.

§ 275-35 Subjects not regulated or restricted.

[Added 9-18-2003 by Ord. No. 03-35[1]]
Subjects which zoning may not regulate, restrict, require special permits for, discriminate against, or exempt; provided, however, that land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements (from MGL c. 40A, § 3):
A. 
BUILDING CODE: No zoning ordinance shall regulate or restrict the use of materials or methods of construction of structures regulated by the State Building Code.
B. 
AGRICULTURE: No zoning ordinance shall prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture, horticulture, floriculture, or viticulture; nor the use, expansion, or reconstruction of existing structures thereon for the primary purpose of agriculture, horticulture, floriculture, or viticulture, including those facilities for the sale of produce, and wine and dairy products.
C. 
WETLANDS: No zoning ordinance shall exempt land or structures from floodplain or wetlands regulations established pursuant to general law.
D. 
SINGLE-FAMILY BUILDINGS: No zoning ordinance shall regulate or restrict the interior area of a single-family residential building.
E. 
RELIGIOUS USES; CHURCHES: No zoning ordinance shall regulate or restrict the use of land or structures for religious purposes
F. 
EDUCATIONAL USES: No zoning ordinance shall regulate or restrict the use of land or structures 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.
G. 
PUBLIC SERVICE CORPORATIONS: Lands or structures used or to be used by a public service corporation may be exempted in particular respects from the operation of a zoning ordinance if, upon petition of the corporation, the Department of Telecommunications and Energy shall, after notice given pursuant to MGL c. 40aA, § 11 and public hearing in the City, determine the exemption is required and find that the present or proposed use of the land or structure is reasonably necessary for the convenience or welfare of the public. This does not include wireless communications facilities.
H. 
CHILD CARE; DAY CARE: No zoning ordinance shall regulate or restrict the use of land or structures, or the expansion of existing structures, for the primary, accessory or incidental purpose of operating a child-care facility; provided, however, that such land or structures may be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. As used in this subsection, the term “child-care facility” shall mean a day-care center or a school-age-child-care program, as those terms are defined in § 275-4.
I. 
LIVING ARRANGEMENTS FOR DISABLED: Imposition of health and safety laws or land use requirements on congregate living arrangements among nonrelated persons with disabilities that are not imposed on families and groups of similar size or other unrelated persons shall constitute discrimination
J. 
FAMILY DAY-CARE HOME and large family day-care home, as those terms are defined in MGL c. 28A; § 9, shall be an allowable use unless prohibited or specifically regulated within any zoning district.
K. 
FLOATING ZONES: No provision of a zoning ordinance shall be valid which sets apart districts by any boundary line that may be changed without adoption of an amendment to the zoning ordinance or bylaw.
L. 
TEMPORARY SHELTER; MOBILE HOMES: No zoning ordinance shall prohibit the owner and occupier of a residence which has been destroyed by fire or other natural holocaust from placing a manufactured home on the site of such residence and residing in such home for a period not to exceed twelve months while the residence is being rebuilt. Any such manufactured home shall be subject to the provisions of the State Sanitary Code.
M. 
HANDICAPPED ACCESS RAMPS: No dimensional lot requirement of a zoning ordinance, including but not limited to setback, front yard, side yard, rear yard and open space, shall apply to handicapped access ramps on private property used solely for the purpose of facilitating ingress or egress of a physically handicapped person, as defined in MGL c. 22, § 13A.
N. 
SOLAR ENERGY: No zoning ordinance shall prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy, except where necessary to protect the public health, safety or welfare.
O. 
AMATEUR RADIO ANTENNA: No zoning ordinance shall prohibit construction or use of an antenna structure by a federally licensed amateur radio operator; however, reasonable regulations regarding location and height may be imposed.
[1]:
Editor's Note: This ordinance also repealed former § 275-35, Agricultural uses.

§ 275-36 Placement of residential structures. [1]

[Added 6-21-2011 by Ord. No. 11-17]
The purpose of this section is to eliminate infill housing that fronts on the backyards of existing homes, thus reducing privacy and creating visually awkwardly placed buildings that may have a negative impact on neighborhood property values. This section applies to lots created after June 21, 2011.
A. 
Mid-block lots: For new residential structures proposed for mid-block lots, the front wall shall be aligned so it is not located behind the rear wall of any existing abutting residential structure (Figure 1).[2]
[2]:
Editor’s Note: Figure 1 is included at the end of this chapter.
B. 
Corner lots: For new residential structures proposed for corner lots or for lots abutting corner lots where the existing principle building fronts on the cross street, the front wall of the new building shall be located:
(1) 
Within the average alignment of the existing buildings, where existing buildings within 300 feet on each side of the lot, on the same side of the street, and within the same block and district, are set back less than the required minimum in their zoning district. However, all buildings, including porches and other parts of the building, must be set back a minimum of 10 feet; or
(2) 
Between the minimum front setback requirement for its zoning district and the rear wall of the abutting principle building fronting the same street (Figure 2).[3]
[3]:
Editor’s Note: Figure 2 is included at the end of this chapter.
C. 
Waivers: The City Council, by special permit, can waive the requirements of § 275-36 if the applicant can demonstrate that the location of proposed building will not have a negative impact on abutting properties. See § 275-9 for special permit filing requirements.
[1]:
Editor's Note: Former § 275-36, Churches and educational uses, was repealed 9-18-2003 by Ord. No. 03-35.

§ 275-37 Nonconforming lots.

A. 
Any increase in area, frontage, width, yard or depth requirements through a Zoning Ordinance amendment shall not apply to a lot for single- or two-family residential use from the time of recording or endorsement, whichever occurs sooner, which was not held in common ownership with any adjoining land, which conformed to then existing requirements at the time of its creation and which has less than the amended requirements but at least 5,000 square feet of area and 50 feet of frontage.
B. 
If a definitive plan or a preliminary plan followed within seven months by a definitive plan has been submitted to the Planning Board for approval under the Subdivision Control Law and written notice for such submission has been given to the City Clerk before the effective date of the chapter, the land shown on such plan shall be governed with provisions of the Zoning Ordinance in effect at the time of the first submission (if such a definitive plan or amendment thereof is finally approved) for five years from the date of the approval and endorsement. Where such plan was submitted or submitted and approved before January 1, 1976, it shall be governed by such provisions for seven years from the date of the endorsement of such approval.
C. 
When approval of a plan under the provisions of the Subdivision Control Law is not required and the plan has been submitted to the Planning Board with written notice of such submission given to the City Clerk, use of the land shown on such a plan shall be governed by applicable provisions of the Zoning Ordinance in effect at the time of submission while such plan is being processed under the Subdivision Control Law, including the time required to pursue or wait for the determination of appeal, and for a period of three years from the date of endorsement.
D. 
Disapproval of a plan shall not serve to terminate any rights which shall have accrued under the provisions of this section, provided that an appeal from the decision disapproving said plan is made under applicable provisions of the Subdivision Control Law. Such appeal shall stay, pending the order or the decree of the court of final jurisdiction, the applicability to land shown on said plan of the provisions of any Zoning Ordinance which becomes effective after the date of first submission.
E. 
All adjacent land in common ownership must be combined to meet minimum lot setback and yard requirements. No new lot can be created which does not meet minimum requirements for the district within which it lies, except as provided for above.
F. 
The record owner of the land shall have the right to record an instrument in the registry of deeds to waive the five- or seven-year grace period provisions of this section, in which case the ordinance then or thereafter in effect shall apply.

§ 275-38 (Reserved) [1]

[1]:
Editor's Note: Former § 275-38, Wetlands, was repealed 9-18-2003 by Ord. No. 03-35.

§ 275-39 Drive-in restaurants.

[Amended 9-1-2009]
Drive-in restaurants are allowed in Business A and Business B Districts subject to the issuance of a special permit by the City Council and in Business A, Business B and Business C zones subject to the following conditions:
A. 
Drive-in restaurants shall be located on a lot with a minimum of two acres in size.
B. 
Drive-in restaurants shall be a minimum of 200 feet in distance from any church, school or residence.
C. 
Any building used for dispensing food shall have a minimum setback of 100 feet.
D. 
Containers for debris shall be kept in easily accessible areas for the purpose of disposal.

§ 275-40 Parking and loading.

[Amended 7-5-1994 by Ord. No. 94-37; 6-21-2011 by Ord. No. 11-16]
A. 
Purpose. The purposes of parking standards are to:
(1) 
Provide adequate parking to support the uses served;
(2) 
Minimize the detrimental impact of off-street parking on adjoining properties;
(3) 
Minimize parking to encourage the use of public transit or other alternatives to the automobile;
(4) 
Ensure the proper and uniform development of parking areas throughout the City;
(5) 
Ensure safe and convenient circulation of pedestrians and bicycles within parking areas;
(6) 
Ensure proper loading configurations and access; and
(7) 
Minimize stormwater runoff from parking lots and structures.
B. 
Applicability. These regulations shall apply to:
(1) 
New construction, including new site developments and additions to existing structures.
(2) 
Any change of use as a result of voluntary rezoning.
(3) 
Conversion of commercial, business, or industrial space to residential use by special permit.
(4) 
Expansion or reduction of existing parking areas.
(5) 
Development of new parking lots as commercial enterprises.
C. 
General requirements for all parking lots.
(1) 
Automobile off-street parking and loading areas cannot be reduced in area or encroached upon by buildings, vehicle storage, loading or unloading, or any other use where such reduction or encroachment will reduce the area below that required by this section.
(2) 
Any additional off-street parking and loading facilities required as a result of an expansion of any use must be likewise established and maintained or such use is required to cease until such facilities are provided.
(3) 
Site plan review and landscaping shall be conducted in accordance with Chicopee City Code § 275-6, Site plan review.
(4) 
Stormwater management. Stormwater management shall be designed and installed in accordance with Chicopee City Code Chapter 231, Stormwater Management.
(5) 
Pavement directional arrows and/or signs must be provided in sufficient quantities and locations so as to ensure safe and efficient on-site traffic circulation.
(6) 
Parking stall dimensions: Parking spaces shall have minimum dimensions of nine feet by 18 feet.
(7) 
Interior travel lanes:
(a) 
Two-way circulation: minimum width of 24 feet.
(b) 
One-way circulation: minimum width of 14 feet.
(8) 
Pavement setbacks: Paved areas shall not extend within:
(a) 
Ten feet of land zoned for residential uses.
(b) 
Eight feet from a street lot line.
(9) 
Snow storage: Provisions shall be made for storage of snow. Snow melt shall be directed away from abutting property.
(10) 
Driveways: Driveways connecting new off-street parking to streets for all uses, except residential buildings containing six or fewer units, shall have a curb radius of at least 20 feet. The closest curbline of all driveways shall be offset from the curbline of all adjacent streets and driveways a minimum of 35 feet. Vehicles exiting from parking areas shall have an unobstructed view of 300 feet in either direction.
(11) 
Screening: All parking lots must be screened from abutting residentially zoned or occupied property by a fence or evergreen hedge at least six feet in height. Fences must be "solid" in appearance; plants for screening hedges must be set close enough together to eliminate gaps in coverage. Screening materials must be maintained with no gaps in coverage due to disrepair or unhealthy or dead plantings. Screening shall not be located to obstruct driver sight lines so as to impair safety at intersections or driveway entrances or exits.
(12) 
Lighting. Lighting shall be installed so that it does not glare onto residential properties or interfere with the safe operation of motor vehicles on public roads.
(13) 
Maintenance of parking areas. All parking areas shall be kept clean and free from snow, refuse and debris.
(14) 
All parking spaces must be separated from walkways, sidewalks, roads, streets, or alleys by curbing, and all roads, streets, alleys, sidewalks, walkways, and lot lines must be protected from vehicular overhang by wheel bumpers or curbs. Wheel bumpers or curbs must be installed at least five feet from a street right-of-way line.
(15) 
Setback from buildings: Except for parking within an enclosed structure, no parking space shall be located within eight feet of a building wall. No access aisle, entrance or exit driveway shall be located within five feet of a building. Loading docks are exempt from this requirement.
(16) 
Due to the hazards of backing up emergency vehicles to both the public and fire personnel, the Fire Department would prefer not to have dead-end aisles in parking lots. However, if that is not avoidable, dead ends in parking lots shall not exceed 150 feet in length measured from the center of the travel lane that accesses that parking aisle.
(17) 
Open-air parking lots shall be constructed to Department of Public Works standards, shall be capable of supporting emergency vehicles, shall have adequate means of ingress and egress for the anticipated vehicles capable of being parked at the facility and shall have vehicle travel lanes clearly marked and defined and sized for emergency vehicles.
(18) 
Access to a reliable fire protection water source is a concern of the Fire Department for both parking lots and parking structures. A reliable fire hydrant connected to the City water main system may be required to be located at the entrance to a parking lot, and additional hydrants may be required on the property. The following criteria shall be considered for locating fire hydrants on or near the property: the total number of vehicles capable of parking on the property; type of vehicles parking on the property; and the type, size and number of structures on the property.
(19) 
"No Parking" signs shall be posted on travel lanes.
(20) 
The Fire Chief reserves the right to designate fire lanes on the property and require that they be properly marked and maintained.
D. 
Residential use parking restrictions. No camper, trailer or recreational vehicle of any kind may be used for dwelling purposes or accessory to any residential use except as provided for in §§ 275-35L and 275-55.
E. 
Commercial, business, and industrial zones: requirements.
(1) 
Off-street loading facilities. Adequate off-street loading and receiving areas shall be provided for all new business, commercial, industrial and retail service uses. Off-street loading and receiving areas shall be designed so that their use does not interfere with parking and traffic circulation.
(2) 
Grades: Parking spaces must not be installed on a grade in excess of 5%. Interior driveways may not be installed on a grade in excess of 14%. Interior drive aisles in commercial and industrial areas cannot be installed on a grade of more than 10%.
(3) 
All parking spaces must be separated from walkways, sidewalks, roads, streets, or alleys by curbing, and all roads, streets, alleys, sidewalks, walkways, and lot lines must be protected from vehicular overhang by wheel bumpers or curbs. Wheel bumpers or curbs must be installed at least five feet from a street right-of-way line.
(4) 
Setback from buildings: Except for parking within an enclosed structure, no parking space shall be located within eight feet of a building wall. No access aisle, entrance or exit driveway shall be located within five feet of a building. Loading docks are exempt from this requirement.
F. 
Handicapped parking: Parking spaces for the physically handicapped shall be designed in accordance with the Rules and Regulations of the Architectural Barriers Board of the Commonwealth of Massachusetts Department of Public Service, as such standards may be amended. Handicapped spaces shall be clearly identified by a sign stating that such spaces are reserved for physically handicapped persons. The handicapped spaces shall be located in the portion of the parking lot nearest the entrance to the use or the structure which the parking lot serves. Adequate access for the handicapped from the parking area to the structure shall be provided.
G. 
Flexible parking standards. The City Council may by special permit approve reductions in the number of required parking spaces, if certain standards and requirements are met as set forth below.
(1) 
Where reduction of parking may enhance or preserve the environment, such as preservation of significant trees or avoiding impact on sensitive environmental areas, without placing an undue burden on on-street parking or public parking lots.
(2) 
There are one or more bus routes in the immediate vicinity of the building or buildings.
(3) 
There is a public parking facility available to the public within 1,000 feet of a building entrance adequate to meet a designated amount of the parking requirement.
(4) 
Where the size of the lot is so small that meeting the parking requirement would prevent redevelopment.
(5) 
Where there is a bikeway in close proximity to the site and the applicant demonstrates that the uses in the proposed development are conducive to bicycle use.
(6) 
Where the applicant has demonstrated that the use served does not need the number of spaces required by this section.
(7) 
Where the applicant has demonstrated that demand for multiple uses on the site peaks at different hours, allowing parking to be shared.
(8) 
Where the applicant has demonstrated a shared parking agreement with an abutting property that has more parking than required for the use to be served.
(9) 
Where the applicant has secured a lease for off-site parking spaces that is suitably located in the neighborhood in which it is proposed, and is practically located so it will be used by customers or employees of said business as deemed appropriate by the permit granting authority.
(10) 
For any other good cause shown.
H. 
Location of parking and loading facilities.
(1) 
All off-street parking and loading facilities required by this section for any use must be located on and entirely within the same record lot with that use or on any other lot associated with the premises (owned by the same individual or entity) within 400 feet of the principal use building.
(2) 
Off-street parking and loading facilities that make it necessary for vehicles to back out directly into a public road are prohibited, except that this prohibition does not apply to the off-street parking area of one single-family detached or semidetached dwelling units.
(3) 
All garages or other space allocated for parking of vehicles within buildings are considered part of the required off-street parking facilities and may be included as such in computing the requirements outlined in this section.
I. 
Loading facilities.
(1) 
For any building in any industrial, or mixed-use zone, adequate off-street space for the loading and unloading of goods and materials must be provided, taking into consideration the size of the building and the uses allowed in such zone.
(2) 
Each loading space provided must have a minimum width of 12 feet, clearance height of at least 14 feet, and a depth sufficient to accommodate the maximum length of delivery trucks reasonably likely to serve the building. In the event that intermediate tractor-trailer loading or unloading is reasonably likely, a depth of 60 feet must be provided. Loading space shall be located so that trucks will not obstruct pedestrian or vehicle traffic movement or project into any public right-of-way. Maneuvering areas must provide a turning radius of not less than 48 feet.
J. 
Parking structures design.
(1) 
Parking garages must be designed so as to be as open as possible, have sufficient lighting, and easily visible compatible stairways and elevator lobbies. The exterior design should match or be compatible with the other structures on the site or adjacent to the garage.
(2) 
Entry to a garage not having direct access to a public street must be indicated by sufficient signage on site.
(3) 
Where an automated directional sign system is installed, there must be a readily legible indication from the street of the status of available parking within the structure.
(4) 
Where a parking structure abuts (beside, behind or across the street from) a residential development, the design must not allow headlights to shine through the structure.
(5) 
Parking structures shall comply with all applicable National Fire Protection Association (NFPA) codes, Massachusetts General Laws (MGL) and Massachusetts Fire Codes (CMR).
K. 
(Reserved)
L. 
(Reserved)
M. 
(Reserved)
N. 
Required number of spaces. (Parking in on-site garages may be incuded in the calculation.)
(1) 
Residential.
(a) 
One-, two-, and three-family dwellings and mobile homes: two spaces per unit.
(b) 
Multifamily dwellings, four or more units: 1.5 spaces per unit plus two guest spaces per 10 units.
(c) 
Age-restricted dwellings.
[1] 
Nursing and convelescent homes: one space per five beds plus two spaces per three employees on the largest shift.
[2] 
Assisted living: one space per four units plus two spaces per three employees on the largest shift.
[3] 
Age restricted (55 and over) with services: 1.5 spaces per unit plus two spaces per three employees on the largest shift.
[4] 
Age restricted (55 and over) with no services: 1.5 spaces per unit.
(2) 
Nonresidential: Sufficient spaces shall be provided to store the vehicles used in the conduct of business, in addition to the following requirements:
(a) 
Hotels and motels, boardinghouses: one space per rentable bedroom.
(b) 
Churches: one space per four seats.
(c) 
Educational services, except nursery schools: one space per three students' capacity as determined by the design occupancy load of the facility plus one space per two employees.
(d) 
Elementary, junior high and middle schools, public and private: one space for each employee anticipated during normal school hours.
(e) 
High schools, public and private: one space for each employee anticipated during normal school hours plus one space for each five students in the senior class or one space for every three seats in the main auditorium or stadium, whichever is greater.
(f) 
Day-care centers, nursery schools: one space per two employees.
(g) 
Welfare and charitable institutions.
[1] 
Isolation, drug and alcoholic clinics that provide overnight accommodations: one space per three beds, plus one space per two employees on the largest shift.
[2] 
Isolation, drug and alcoholic clinics that provide daily services but no overnight stay: one space per 250 square feet in public use plus one space per 500 square feet of other gross area.
(h) 
Hospitals and sanitariums: one space per two beds plus one space per four employees on the largest shift.
(i) 
Membership clubs: one space per two persons' capacity as determined by the design occupancy load.
(j) 
Mortuaries and funeral parlors: 10 spaces per reposing room.
(k) 
Eating and drinking places, drive-in restaurants, take-out restaurants: two spaces per five persons' capacity as determined by the design occupancy load plus one space per two employees on the largest shift. A minimum of five spaces shall be provided in all cases.
(l) 
Entertainment assembly, sports assembly, commercial recreation: one space per three persons' capacity as determined by the design occupancy load.
(m) 
Retail stores: one space per 250 square feet in public use plus one space per 500 square feet of other gross area.
(n) 
Personal services, nonautomotive repair services: one space per 250 feet in public use plus one space per 500 square feet of other gross area.
(o) 
Professional services: one space per 400 square feet of floor area plus one space per two employees.
(p) 
Finance, insurance and real estate: one space per 300 square feet of floor area plus one space per two employees.
(q) 
Business services: one space per 500 square feet in public use plus one space per two employees.
(r) 
Motor vehicle repair service: two spaces per repair stall.
(s) 
Industrial uses and manufacturing: one space per two employees on the largest shift.
(t) 
Wholesale trade: one space per two employees on the largest shift.
(u) 
Warehousing and storage: one space per two employees on the largest shift.
(v) 
Utilities: one space per two employees on the largest shift.
(w) 
Communications: one space per two employees on the largest shift.
(x) 
Motor freight transportation: one space per two employees on the largest shift.
(y) 
Contract construction services: one space per two employees on the largest shift.[1]
[1]:
Editor's Note: Formner Sec. 18/III/21, Group care facilities, which immediately followed, was repealed 7-3-1984.

§ 275-41 Home occupation.

[Amended 6-19-1984; 12-20-1988]
A. 
Special license required.
[Amended 6-6-1989]
(1) 
A special license from the City Council is required for a home occupation. Special license requests require immediate abutter notification, legal advertisement, a public hearing, a fee as set by the City Council[1] and yearly renewal. Applications may be obtained and filed in the City Clerk's office.
[Amended 9-1-2009]
[1]:
Editor's Note: The current fees are on file in the office of the City Clerk.
(2) 
The procedure for obtaining a home occupation special license is as follows:
[Added 3-16-1999 by Ord. No. 99-1]
(a) 
Obtain an application from the City Clerk's office.
(b) 
Submit the completed application together with the required fee[2] and a copy of the Assessor's Map to the City Clerk's office.
[2]:
Editor's Note: The current fees are on file in the office of the City Clerk.
(c) 
A hearing will be held by the Zoning Committee of the City Council on the application for the special license in accordance with this chapter.
[Amended 9-1-2009]
(d) 
The City Council will thereafter upon approval of the Zoning Committee's action vote to issue the special license.
[Amended 9-1-2009]
(e) 
Once this special license is granted, a certificate of occupancy must be obtained from the Building Inspection Department and a copy forwarded to the Board of Assessors.
(f) 
All home occupation special licenses shall expire on April 30th of each year, unless revoked. Any applications for renewal of the home occupation special license may be made in the month of April and shall take effect on May 1 next ensuing.
(g) 
If a nonowner of the property is the applicant, permission must be obtained, in writing, and submitted with the application.
(h) 
The City Council may in its discretion grant a waiver to allow one employee who is not a member of the family if there is a specific finding by the City Council that the waiver will not cause any undue hardship to the neighborhood nor disrupt the residential nature of the residence.
[Amended 9-1-2009]
(3) 
The Building Commissioner shall be responsible for maintaining records of home occupations. If a special license for a home occupation has expired and the holder of such license has not received a renewal of the license from the City Council, the Building Commissioner shall forthwith notify the license holder that the license has expired, and the operation of the home occupation must cease within five days, and the holder must renew his license through the License Committee of the City Council.
[Amended 9-1-2009]
B. 
Performance standards. A special license for home occupation may be granted only if all of the following performance standards are met:
[Amended 6-6-1989]
(1) 
No alteration of the principal building shall be made which changes the character as a dwelling. In no way shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character, either by the use of colors, materials, construction, lighting, signs or the emission of sounds, noises or vibrations.
(2) 
No use shall create noise, dust, vibration, odor, smoke, glare, electrical interference, health hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in an average residential dwelling.
(3) 
Only one nameplate shall be allowed. It may display the name of the occupant and/or the name of the home occupation. It shall not exceed two square feet in area, shall be nonilluminated and attached flat to the main structure, visible through a window or posted in front of the building with a maximum height of four feet. The limitation to one nameplate is intended to apply to all lots, including corner lots.
(4) 
No traffic shall be generated in greater volume than would normally be expected in a residential neighborhood. The activity involved shall not assume a commercial or public character or constitute a health or safety hazard to the neighborhood.
(5) 
The use shall be clearly incidental and secondary to the dwelling and dwelling purposes and shall not change the character of use as a dwelling.
[Added 3-16-1999 by Ord. No. 99-2[3]]
[3]:
Editor's Note: This ordinance also provided for the repeal of former Subsection B(5).
(6) 
There shall be no exterior storage on the premises of material or equipment used as a part of the home occupation.
[Added 3-16-1999 by Ord. No. 99-2]
(7) 
The total area used for the home occupation shall not exceed 1/2 the floor area of the user's living unit.
[Added 3-16-1999 by Ord. No. 99-2]
(8) 
A home occupation, including studios or rooms for instruction, shall provide off-street parking area adequate to accommodate needs created by the home occupation.
[Added 3-16-1999 by Ord. No. 99-2]
(9) 
Any other conditions which the Council shall impose relating to the health, safety and welfare of abutting property owners.
[Added 3-16-1999 by Ord. No. 99-2; amended 9-1-2009]
C. 
Special conditions. The City Council may impose special conditions upon a home occupation to ensure that the business is conducted in a manner which is compatible with the surrounding neighborhood. Such conditions may include but shall not be limited to the following:
[Amended 9-1-2009]
(1) 
A requirement for fencing and/or screening of the subject property from neighboring residences.
(2) 
A limitation on the number of vehicles related to the occupation which may be stored on the premises or parked on an adjacent right-of-way.
(3) 
A restriction on the hours of operation for the home occupation.
(4) 
A requirement that the permit be renewed after a designated period of time.
(5) 
Any other conditions which the City Council shall impose relating to the health, safety and welfare of abutting property owners.
D. 
Grounds for revocation. Failure to meet the definition in § 275-4 or any of the performance standards outlined in Subsection B above or any condition imposed by the City Council in accordance with Subsection C shall be grounds for denial of a special license for home occupation or for revoking such a special license if one has already been granted.
[Amended 6-6-1989; 9-1-2009]
E. 
Enforcement of home occupation regulations. The City Building Inspector shall have the authority and responsibility to investigate and enforce issues of unlicensed home occupations. The Building Inspector, given a question as to whether a hobby or a home occupation is involved, will make the initial determination and will notify the parties. If a home occupation is determined, the party involved will be given 60 days to obtain a license or to cease and desist. The determination by the Building Inspector may be appealed as provided for herein. A “hobby” is normally a pastime that is engaged in for pleasure as opposed to profit. Any individual found to be in violation of the Home Occupation Ordinance will be subject to fines up to $25 per day for each violation after a determination has been made. The effective date is June 15, 1989. Renewal shall be annually prior to December 31. The fee shall be as set by the City Council.
[Added 5-20-2003 by Ord. No. 03-20; amended 9-1-2009]

§ 275-42 Corner lots.

Uses on corner lots must observe setback requirements on all facing streets. Rear yard requirements must be observed for one yard, but only the side yard requirements must be observed for the other. However, for one- and two-family houses, front yard setback requirements must be observed on only one street. The setback on the other street may be the average alignment of all buildings within 300 feet on either side, on the same side of the street and in the same block and district, provided that such a setback shall be at least 15 feet.

§ 275-43 Governmental services.

The location of governmental services, including such uses as schools, office buildings, essential services, storage and maintenance buildings, parks, recreation areas and service installations, are not controlled by this chapter. All applicable lot size, density, setback, side and rear yard, parking and sign requirements must be adhered to.

§ 275-44 Fences.

Fences, including hedges, may be no higher than 3 1/2 feet between the street and the setback line where, in the opinion of the Building Commissioner, they would obstruct visibility and no higher than eight feet at any point. Fences shall be of a safe, nonhazardous construction not likely to endanger the health or safety of the public, in the opinion of the Building Commissioner.

§ 275-45 (Reserved) [1]

[1]:
Editor's Note: Former § 275-45, Mobile homes as temporary shelter, was repealed 9-18-2003 by Ord. No. 03-35.

§ 275-46 Keeping of horses.

[Amended 9-1-2009]
The City Council may grant a special permit for the keeping of horses and/or ponies in accordance with the following conditions:
A. 
The minimum acreage required for the keeping of not more than one equine or stable shall be 1 1/2 acres. One additional equine shall be permitted for each 10,890 square feet (1/4 acre). (Foals under six months are not to be counted.)
B. 
The location of the stable shall be not less than 100 feet from any street line, not less than 30 feet from any side lot line and not less than 25 feet from a rear lot line, with a minimum distance of 60 feet from any dwelling.
C. 
Fences must be adequate to contain the animals within the corral or stable area. Such corral or stable area shall be a minimum of 5,000 square feet.
D. 
Stables, corrals, paddocks or yards shall be properly drained and reasonably free from excessive odor, dust or mud so as not to create a nuisance or health hazard to surrounding property owners.
E. 
Maintenance of the stable and property used in the keeping of equines shall conform to all regulations of the local Board of Health and the state health authorities.

§ 275-47 Scientific research and development.

[Amended 9-1-2009]
Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit, provided that the City Council finds that the proposed necessary use does not substantially derogate from the public good.

§ 275-48 Lots without sanitary sewers.

[Amended 8-4-1987]
No residential lot shall be laid out on a street or way, wherein a sanitary sewer has not been installed or wherein provisions have not been made for the installation of a sanitary sewer, with an area less than 12,500 square feet and with dimensions of less than 100 feet by 125 feet. All such lots shall be subject to Health Department approval prior to construction.

§ 275-49 Smokehouse.

[Added 11-20-1984]
A. 
On land other than for farms, the use of a smokehouse may be permitted with the approval of the Board of Health and the Building Inspector and, as such, may be considered as an accessory use, located 75 or more feet from any street line and 100 or more feet from any dwelling. Such accessory use shall not include any activity conducted for gain.
B. 
In residential zones the use of a smokehouse may be allowed by special permit, subject to the following criteria:
[Added 6-21-2005 by Ord. No. 05-152
(1) 
Smokehouses are allowed as accessory uses only.
(2) 
Such accessory use shall not dominate the site or include any activity conducted for gain.
(3) 
A smokehouse must be located a minimum of 75 feet from any street line and 100 or more feet from any dwelling.
(4) 
No use of a smokehouse shall create smoke or fire hazard to adjacent buildings or property.
(5) 
All smokehouses shall conform to Massachusetts State Building Code requirements for fire-resistance rated construction.
(6) 
Applications for smokehouse special permits shall be made to the City Council in accordance with Chicopee City Code § 275-9. All provisions of state and local regulations regarding special permits shall apply.
[Amended 9-1-2009]
(7) 
Farms are exempt.

§ 275-50 Signs.

[Added 8-2-1983; amended 3-18-2003 by Ord. No. 03-10; 7-6-2004 by Ord. No. 04-73; 6-21-2005 by Ord. No. 05-160A; 10-17-2006 by Ord. No. 06-11G]
A. 
Billboards. The purpose of this subsection is to preserve and promote the public health, safety, and welfare of the residents of Chicopee by maintaining and enhancing the visual environment, by protecting areas of scenic beauty or of historic interest, by minimizing the possible adverse effect of nonaccessory signs on nearby residences, public resources or private property.
(1) 
General requirements:
(a) 
The number of billboards in the City of Chicopee shall be limited to 59 faces. A face consists of a single-sided advertising area or space.
[Amended 12-19-2006 by Ord. No. 06-19C]
(b) 
All billboards must be properly permitted by both the City of Chicopee and the Outdoor Advertising Division of the Commonwealth of Massachusetts.
(c) 
Billboards and nonaccessory signs shall be governed by special permit.
(d) 
All existing billboards which are properly permitted may be maintained and repaired but may not be enlarged. A petition to enlarge or change location shall be subject to the same requirements as a new application.
(e) 
All billboard applications, including, but not limited to, requests to enlarge or change location, shall be subject to the general regulations regarding special permits found in the Chicopee City Code Chapter 275 in addition to the requirements of this section.
(f) 
The City Council, when granting a special permit, may waive distance requirements, provided the applicant submits its request in writing and can demonstrate the proposed sign will not create a traffic hazard or visual nuisance. The City Council reserves the authority to require the applicant to produce necessary documentation, including photographic simulations or balloon-type tests to determine visibility. The heights of signs shall be governed by the special permit and are not subject to sign height limitations in the zoning district in which they are located.
[Amended 9-1-2009]
(g) 
Evaluation of billboard proposals is based on distance from public land uses, residential land uses, aesthetics and public safety.
[1] 
For billboards that do not exceed 144 square feet on a surface(s), the following criteria apply:
[a] 
The billboard may not be located within 1,500 feet of a park or the main building entrance of a school or church.
[b] 
The billboard may not be located within 500 feet of residentially zoned land.
[c] 
The billboard may not be located within 350 feet of any other freestanding billboard or nonaccessory sign.
[d] 
The billboard may not obstruct the view of and may not be confused with any traffic control devices and may not cause a traffic hazard.
[e] 
The billboard may not obstruct any scenic or important view.
[f] 
The billboard may not contain or project any flashing or distracting lights or images.
[g] 
The billboard must be aesthetically pleasing.
[2] 
For billboards greater than 144 square feet but less than 800 square feet on a surface(s), the following criteria apply:
[a] 
The billboard may not be located within 1,500 feet of a park or the main building entrance of a school or church.
[b] 
The billboard may not be located within 500 feet of a residentially zoned land.
[c] 
The billboard may not be located within 750 feet of any other freestanding billboard or nonaccessory sign.
[d] 
The billboard may not obstruct the view of and is not confused with any traffic control devices and does not cause a traffic hazard.
[e] 
The billboard may not obstruct any scenic or important view.
[f] 
The billboard may not contain or project any flashing or distracting lights or images.
[g] 
The billboard must be aesthetically pleasing.
(2) 
Each applicant, at the time of application, shall pay a nonrefundable application fee totaling $100, payable to the City Clerk.
(3) 
An annual inspection fee totaling $100 per face shall be paid by each permit holder on or before January 15 of each calendar year.
(4) 
Maintenance.
(a) 
The maintenance and repair of all billboards and accessory signs shall be the responsibility of the permit holder and shall adhere, at a minimum, to the following standards:
[1] 
If the sign consists of paper or paper product, such paper shall not be peeled or ripped.
[2] 
If the sign is painted, the paint shall not be chipped.
[3] 
The trim or frame shall not have any missing pieces or broken parts.
[4] 
The so-called uprights, any structural portion, i.e., frame and superstructure, shall be stained or painted.
[5] 
There shall not be any overgrowth of vegetation on the ground within 10 feet of the so-called uprights or superstructure of the sign so long as the cutting of such vegetation is within the control of the sign owner.
(b) 
Any continuing violation of this maintenance requirement for a period of 30 days after written notice from the Building Inspector to the sign owner describing the nature of the violation shall be cause for a fine of $100.
(c) 
Any continuing violation of this maintenance requirement for a period of 45 days after written notice from the Building Inspector to the sign owner describing the nature of the violation shall be cause for an additional fine of $250.
(d) 
Any continuing violation of this maintenance requirement for a period of 60 days after written notice from the Building Inspector to the sign owner describing the nature of the violation shall be cause for removal of such sign by the City at the owner's expense.
(5) 
This special permit shall be construed to include a warranty by the applicant to maintain the subject billboard or nonaccessory sign in good repair to the reasonable satisfaction of the Building Commissioner. Should said permit lapse, be revoked or not be renewed by the City Council, the City, after notice to the permit holder, may remove said sign, and the cost of the removal shall be at the owner's expense.
[Amended 9-1-2009]
B. 
Temporary signs. The purpose of this subsection is to accommodate temporary signage where and when appropriate while reducing visual blight and ensuring public safety. Temporary signs will be permitted as follows:
(1) 
Restrictions.
(a) 
Size. Temporary signs may not exceed three feet by three feet in a residential zone and may not exceed four feet by eight feet in a non residential zone.
(b) 
Height. No temporary sign may be more than eight feet from the ground when erected or posted.
(c) 
Number of signs. Not more than two of the same type of temporary sign which advertises for the same person, place or thing may be placed on any one piece of private property at any one time. Information may not be continued from one sign to another, thus creating the illusion of a larger sign by placing signs together.
(d) 
Public property. No temporary sign may be erected or posted on or over public property, including but not exclusive of signs on public property, including but not exclusive of those attached to utility poles or boxes, other legal signs, trees or shrubs, or placed in the roadway median or island.
(e) 
Public ways. No temporary sign may be placed in or over a public way without permission from the Superintendent of Public Works.
(f) 
Duration of placement. Temporary signs may be placed 60 days prior to an event or promotion and must be removed within seven days following an event or promotion.
(g) 
Public safety. Temporary signs are prohibited from interfering with a corner view clearance (§ 275-33) or obstructing visibility of an adjacent driveway.
(h) 
Lighting. No temporary sign is to have any type of artificial lights, including flashing lights, on any part of the sign or near the sign.
(i) 
Responsibility. All temporary signs erected on private property shall be the sole responsibility of the owner or lessee of said property.
(2) 
Violations.
(a) 
Any person or persons violating any part of this chapter are subject to penalties for each and every day this Zoning Ordinance is violated. The fine shall be $25 per day after written notification by the Building Commissioner.
(b) 
Any person and/or organization placing signs pursuant to this chapter shall register the name, address and telephone number of a contract person with the Building Commissioner. Temporary signs placed without contact information will be considered in noncompliance.
(c) 
Any sign determined by the Building Commissioner to be either in noncompliance or on public property shall be removed by the Building Commissioner or his designee. Upon renewal, the Building Commissioner or his designee shall notify the contact person so designated as to the location of the removed sign. If the contact person fails to pick up the removed sign within seven days after notification or attempted notification of its removal, said sign shall be destroyed.
(3) 
Exceptions.
(a) 
Emergency signs or signs for road or bridge construction shall be excluded from the provisions of this subsection.
C. 
Accessory signs.
[Amended 9-1-2009]
(1) 
Relief from accessory sign regulations. The City Council may grant a special permit for relief of zoning district accessory sign requirements for size, height, location and numbers of freestanding signs. The application shall be made in accordance with Chicopee City Code § 275-9 and shall demonstrate the following:
(a) 
Owing to unusual and distinctive physical conditions of a site or structures thereon or due to other encumbrances or restrictions, enforcement of the sign regulations will impose a substantial hardship on the petitioner.
(b) 
The size of the sign, location, design, color, texture, lighting and materials will complement the architectural and natural setting.
(2) 
Signs requiring a special permit. In addition to the general requirements set forth in the individual zoning districts contained in the Chicopee City Code Chapter 275, the following accessory signs shall require a special permit issued by the City Council.
(a) 
Signs with visible moving, revolving or rotating parts or visible mechanical movement or any description or other apparent visible movement achieved by electrical, electronic or mechanical means, and all animated and electronically activated changeable signs except for time, temperature and date signs.
(b) 
Signs that are animated with lights or illuminations which flash, move, rotate, scintillate, blink, flicker, vary in intensity, vary in color or use intermittent electronic pulsations.
(c) 
Signs on privately owned property that extend over public property or a public right-of-way.
(3) 
All accessory sign faces shall be removed in their entirety or the sign covered with plastic material that is opaque that meets the approval of the Building Department within 30 days after said business ceases to do business. The provision of this section shall be enforceable against the property owner, and any property owner violating this section shall be subject to a per-day violation of $25 after receiving written notification by the Building Commissioner.
[Added 8-3-2010 by Ord. No. 10-31]
D. 
Signs, general.
(1) 
Prohibited signs.
(a) 
Any signs using the word "stop" or "danger" or which otherwise present or imply the need or requirement of stopping, or a caution for the existence of danger, or which are a copy of, or which for any other reason are likely to be confused with any municipally approved official sign.
(b) 
Any sign that obstructs any door, fire escape, stairway, ladder or openings intended to provide air, ingress or egress for any building as required by law.
(c) 
Any sign placed in any location where, by reason of its location, it will obstruct the view of any authorized traffic sign, signal or other traffic control device; nor may any sign, by reason of its shape, position or color, interfere with or be confused with any authorized traffic signal, sign, or device. Further, no sign shall be placed in the site distance triangle or any other location where it will obstruct vision of the public right-of-way to a vehicle operating during ingress to, egress from, or while traveling on the public right-of way.
(d) 
Any sign with more than two sides.
(e) 
Any signs placed on or over public property, including but not exclusive of signs on public property, including but not exclusive of those attached to utility poles or boxes, or other legal signs, trees or shrubs, or placed in the roadway median or island.
E. 
Temporary banners. The purpose of this subsection is to accommodate temporary banners where and when appropriate while reducing visual blight and ensuring public safety. Temporary banners will be permitted as follows:
[Added 1-24-2011 by Ord. No. 11-01]
(1) 
Restrictions.
(a) 
Location. Banners will not be permitted in a residential zone.
(b) 
Size. Temporary banners may not exceed four feet by eight feet in a nonresidential zone.
(c) 
Number of banners. Not more than two of the same type of temporary banner which advertises for the same person, place or thing may be placed on any one piece of private property at any one time. Information may not be continued from one sign to another, thus creating the illusion of a larger sign by placing signs together.
(d) 
Duration of placement. Temporary banners may be placed 60 days prior to an event or promotion and must be removed within seven days following an event or promotion. Banners that are temporarily being used to advertise a new business may be placed for no more than 30 days from the date the business opens.
(e) 
Public ways. No temporary banner may be placed in or over a public way without permission from the Superintendent of Public Works.
(f) 
Public property. No temporary banner may be erected or posted on or over public property, including but not exclusive of those attached to utility poles or boxes, other legal signs, trees or shrubs, or placed in the roadway median or island.
(g) 
Public safety. Temporary banners are prohibited from interfering with a corner view clearance (§ 275-33) or obstructing visibility of an adjacent driveway.
(h) 
Responsibility. All temporary banners erected on private property shall be the sole responsibility of the owner or lessee of said property.
(2) 
Enforcement. The Building Department will be the enforcing authority.
(3) 
The penalty for violations of said subsection shall be $25 per day.

§ 275-50.1 (Reserved) [1]

[1]:
Editor's Note: Former § 275-50.1, Prohibited signs, added 6-21-2005 by Ord. No. 05-160A, was repealed 6-19-2007 by Ord. No. 07-49.

§ 275-50.2 (Reserved) [1]

[1]:
Editor’s Note: Former § 275-50.2, Accessory signs requiring special permit, added 6-21-2005 by Ord. No. 05-160A, as amended, was repealed 3-15-2011 by Ord. No. 11-10.

§ 275-51 Motor vehicle repair and storage.

[Added 12-20-1988]
A. 
No owner of residentially zoned land shall permit his property to be used for the purpose of motor vehicle repair, auto body repair, storage or repair of stock cars used for racing, storage of tractor-towed trailers or storage of construction or any other equipment not used as an accessory use for the maintenance of property.
B. 
Excluded are maintenance and general repairs to motor vehicles which, in the opinion of the Building Commissioner, would not create noise, dust, vibration, odors, smoke, glare, electrical interference, dire hazard or any other hazard or nuisance to any greater or more frequent extent than that usually experienced in any average residential zoned district. Adverse opinions of the Building Commissioner are subject to appeal to the Zoning Board of Appeals.
C. 
No spray painting or welding using bottled gas shall be permitted.
D. 
No more than one unregistered vehicle that is operable or inoperable or not currently registered or with a current state inspection sticker on each residentially zoned property A and B shall be permitted. The Building Department, upon notification of a violation of this section, shall visit the property and give the property owner 30 days from the date of the written notice of violation to either have the vehicle or vehicles currently/legally registered or removed from the property. The fine for violation of this section shall be $25 per day to conform to this chapter. This section excludes operable antique vehicles and vehicles properly garaged.
[Added 11-16-1993 by Ord. No. 93-54; amended 4-16-1996 by Ord. No. 96-20]

§ 275-51.1 Membrane-covered structures.

[Added 2-20-2001 by Ord. No. 01-06]
A. 
No person shall erect a membrane-covered structure in any residential, commercial or business zoned district without first obtaining a special permit from the City Council. Excluded from this requirement are membrane-covered greenhouses used for residential or commercial horticulture and temporary membrane-covered structures used for special events.
[Amended 9-1-2009]
B. 
No special permit shall be granted unless the following conditions are met:
(1) 
In the judgement of the City Council, the visual impact of the structure will not adversely impact the area in which it is located.
[Amended 9-1-2009]
(2) 
The use of the structure is consistent with the intent of the district in which the use is located and the general purpose and intent of Chapter 275.
(3) 
The structure complies with the dimensional requirements of the zoning district in which it is located and the requirements of the Massachusetts Building Code.
(4) 
The special permit application and site plan shall include the following:
(a) 
The structure shall be clearly shown on the site plan.
(b) 
A rendition of the structure with dimensions (footprint and height) and a description of the construction materials shall be provided.
(5) 
The special permit will not go with the land.
C. 
Pursuant to the Massachusetts State Building Code, any membrane-covered structure erected for more than 90 days requires a building permit. Any existing membrane-covered structure that had not been issued a building permit prior to the adoption of this section requires a special permit.