The regulations for each district pertaining to frontage, minimum lot area, minimum lot width, minimum lot depth, minimum front yard depth, minimum side yard width, minimum rear yard depth, maximum height of buildings, maximum number of stories, and minimum open space shall be as specified in § 350-2.1, Definitions, and as set forth in the Table of Dimensional and Density Regulations,[1] and subject to the further provisions of this chapter.
[1]
Editor's Note: The Table of Dimensional and Density Regulations is included at the end of this chapter.
A.
See the Table of Dimensional and Density Regulations
at the end of this chapter plus attached notes, which are declared
to be a part of this chapter. Accessible wheelchair ramps for access
by persons with disabilities, as defined by MGL c. 40A, § 3,
are exempt from these dimensional requirements.
B.
See also dimensional requirements under:
C.
In the event that the airport, fairgrounds, or other
uses are discontinued, this table will be reevaluated and the City
will seek reuse options via a public process that includes the neighborhood,
the City and its boards, and the business community.
A.
Cul-de-sac frontage requirement. In the case of a
subdivision, either requiring or not requiring approval under the
Subdivision Control Law, the lot frontage and minimum lot width requirement
in the Table of Dimensional and Density Regulations may be reduced
by not more than 20% for lots situated at the end of culs-de-sac or
in other similar situations, provided that said reduction is requested
in writing by the applicant and a majority of the Planning Board so
agrees as a part of its approval of the plan or a part of the determination
that approval is not required.
B.
Dimensional averaging. The Planning Board may issue a special permit, in accordance with § 350-10.10, changing frontage, lot depths, setbacks, building coverage and open space (but not other dimensional) requirements for a residential lot within any residential (R) district only when the following conditions have been met:
(1)
The new dimensional requirements must be at
least as stringent as the median of that dimension for all lots where
any portion of those lots is within 300 feet of the subject parcel
and within the same zoning district as the subject parcel; and
(2)
The requested special permit will provide infill
development, open space for public use, or affordable units; and
(3)
A list of all applicable dimensional measurements
for lots within 300 (as calculated above) must be filed with the special
permit application as described in the Planning Board's bylaws.
C.
Land donations; reduction of dimensional and density requirements. The Planning Board may issue a special permit for a reduction of a required dimensional or density regulation required under § 350-6.2 where such reduction is for the purposes of donating land that is contiguous and in common ownership with the land for which the reduction is requested to the City of Northampton, or to other approved tax-exempt conservation organizations, for open space/conservation purposes. Such special permit may be issued provided that:
(1)
Conservation Commission recommendations.
(a)
Said special permit application and all supporting
documents (conservation restriction, easement plans, etc.) are forwarded
by the Planning Board to the Northampton Conservation Commission for
its review and recommendation relative to:
(b)
Failure of the Conservation Commission to respond
within 30 days of receipt of the special permit application shall
be deemed the Commission's lack of opposition thereto.
(2)
The land was donated, with no financial or other
consideration, to the City or another nonprofit tax-exempt conservation
organization and was not transferred as a part of an open space residential
development or as a condition of any other City permit.
(3)
If the land is not donated to the Northampton
Conservation Commission, such special permit is subject to obtaining
the approval (within nine months of the expiration of the appeal period
of the special permit) of a conservation restriction/public right-of-way
easement by the City Council and the Secretary of the Executive Office
of Environmental Affairs that will remain in effect in perpetuity
for that property being transferred.
(4)
Prior to said donation, the lot conformed to
all relevant zoning requirements or was a preexisting nonconforming
lot.
(5)
That at least 40% of the required lot size and
frontage requirement remain as part of the lot exclusive of the donation,
or for a preexisting nonconforming lot, that at least 5,000 square
feet of lot area and 40 feet of frontage remain.
D.
Effective as of August 1, 2018, when land is taken by the City or the commonwealth for public purposes, not specified in § 350-6.3C above, and when such conveyance renders the remainder of the lot newly nonconforming or, as to a legally pre-existing nonconforming lot, increases its nonconformity with the dimensional requirements of this Zoning Ordinance, that remainder lot shall be considered to be a protected nonconforming lot subject to the provisions of § 350-9:
(1)
If
the remainder lot is not held in common with any adjoining parcels;
and
(2)
If
the remainder lot has a minimum of 3,750 square feet of lot size,
50 feet of frontage, and a minimum of 10 feet of setback from all
property lines regardless of the zoning district; and
(3)
If
the remainder lot is in a commercial or industrial district, the ten-foot
front setback requirement is measured from either a building or a
parking lot, whichever is closer to the front lot line.
The following standards apply whenever land
is divided:
A.
The required lot or yard areas for any new building
or use may not include any part of a lot that is required by any other
building or use to comply with any provisions of this chapter.
B.
The required lot or yard areas may not include any
property of which ownership has been transferred subsequent to the
effective date of this chapter if such property was a part of the
area required for compliance with the dimensional regulations applicable
to the lot from which such transfer was made.
C.
Notwithstanding any other section or this chapter,
land purchased by the City of Northampton or by a nonprofit, tax-exempt
conservation organization for permanent water supply protection or
for permanent open space and conservation purposes need not meet dimensional
requirements of this chapter.
This section shall not apply to CB-Core, Side, Gateway, FV-General,
Center. See §§ 350-21 and 350-22.
A.
Screening and buffers shall be required on any lot
in any industrial or business district and for any industrial or business
use where it adjoins a lot in a residential district and shall be
required on any lot in a planned business park where it adjoins land
not in the planned business park, including collector streets which
exist when a business park is proposed, and on any nonresidential
lot in a planned business park district where it adjoins a residential
lot as follows:
(1)
This strip shall be at least 30 feet in width
(100 feet in width in a planned business park). It shall contain a
screen of plantings of vertical habit in the center of the strip not
less than three feet in width and six feet in height at the time of
occupancy of such lot. Individual shrubs shall be planted not more
than five feet on center, and individual trees thereafter shall be
maintained by the owner or occupants so as to maintain a dense screen
year round. At least 50% of the plantings shall be evenly spaced.
Whenever possible, existing trees and ground cover should be preserved
in this strip, reducing the need to plant additional trees. Trees
may not be cut down in this strip without site plan approval. (See
§ 350-11.)
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(2)
The Planning Board may issue a site plan approval
(See § 350-11.) allowing for a ten-foot reduction in the
required width of the landscaped buffer strip, provided that the Board
finds that a sight-impervious wall or fence is erected of appropriate
materials and sufficient height to screen abutting properties and
will provide at least as much noise mitigation as the vegetated barrier
described above.
B.
In all industrial and business districts, except General
Business building built with 0 foot front yard setback, and for any
other industrial or business use, street frontage shall include shade
trees, and there shall be one tree planted an average of every 30
feet of street frontage, using trees no less than 2.5 inches caliper
at the time of installation. Trees may be placed within the City right-of-way
instead of private property with the permission of the Department
of Public Works. In the case of an uncleared site, existing vegetation
can be preserved to achieve said objective.
C.
In all industrial and business districts and for any
industrial or business use, when a parking lot is located adjacent
to a public right-of-way at least a ten-foot wide landscaped area
between the right-of-way and the parking lot shall be provided. This
landscaped area shall include shade trees, and there shall be one
tree planted an average of every 30 feet of street frontage, using
trees no less than 2.5 inches caliper at the time of installation.
D.
All landscaping required by this chapter shall be maintained in a healthy growing condition, neat and orderly in appearance, and free of refuse and debris. All plantings shall be arranged and maintained so as to not obscure the vision of traffic. All landscaping must be conform to § 350-6.8, Other general dimensional and density provisions.
No encroachments (including fill), new construction,
substantial improvements, or any other development shall be permitted
within the regulatory floodway, as designated on the National Flood
Insurance Program's Flood Boundary and Floodway Map, unless certification
by a registered professional engineer or architect is provided, demonstrating
that encroachments shall not result in any increase in flood levels
during the occurrence of the one-hundred-year flood.
A.
Detached accessory structures shall conform to all the applicable requirements in the Table of Dimensional and Density Regulations (§ 350-6.2), including setbacks, height and open space requirements. In business and industrial districts, detached accessory structures shall meet the same requirements as principal structures.
B.
Any accessory below-ground or aboveground swimming
pool shall be completely enclosed by a fence at least four feet in
height, having a self-closing gate with a latch, except no fence shall
be required if:
(1)
The pool and any deck area surrounding said
pool is not attached to a building or to a deck or porch attached
to a building and is freestanding; and
(2)
Access to said pool and any deck area surrounding
said pool is exclusively by means of ladders or stairs which are removable,
retractable, or may be secured in some other way as to prevent access
to the pool and any deck area surrounding said pool.
In addition to the regulations in §§ 350-6.1
through 350-6.7 above, the following regulations shall apply:
A.
Principal structures on the same lot shall be located
at least 10 feet apart.
B.
Projections into required yards or other required
open spaces are permitted subject to the following:
(1)
Open terrace or steps or stoop, less than four
feet in height, may project into a required yard or open space up
to 1/2 the required setback.
(2)
Steps or stoop four feet and over in height,
window sill, chimney, roof eave, fire escape, fire tower, awnings,
storm enclosure, or similar architectural features may project not
more than three feet into a required setback.
C.
The provisions of this chapter governing the height of buildings shall not apply to the following, provided that these facilities comply with FAA regulations and are no more than 130 feet above the ground, except as provided in § 350-10.9, Telecommunications and personal wireless facilities, or as further specified below:
(1)
Chimneys, cooling towers, elevators, skylights,
ventilators, electronic equipment, or other necessary appurtenances
usually carried above the roof, but in no case may the total height
of the building including such facilities exceed 85 feet;
(2)
Domes, towers, stacks, or spires on a principal
building if not used for human occupancy and, other than for churches,
if not occupying more than 20% of the ground floor area of the building,
but in no case may the total height of the building including such
structures exceed 85 feet;
(3)
Ornamental towers, water towers, water storage
facilities, water stand pipes, cooling towers, observation towers,
radio and television broadcasting towers and antennas, telecommunication
facilities, or other like structures, which do not occupy more than
20% of the lot area, provided that no tower or similar structure is
located closer to a property line than the distance equal to its height,
except as provided in § 350-11.8, Telecommunications and
personal wireless facilities.
(4)
Municipal- and publicly owned water towers,
water storage facilities, and water standpipes exceeding 20% of the
lot area or located closer to a property line than the distance equal
to its height shall be allowed by site plan approval from the Planning
Board, with the review limited to site layout and landscaping.
D.
At no street intersection in any district shall any
obstruction to vision exceeding three feet in height above the plane
established by the intersection streets be placed or permitted to
grow, on any lot within the triangle formed by the lot lines abutting
the intersection and a line connecting points on these lot lines at
a distance of 25 feet from the point of intersection of the lot lines.
This restriction shall also apply to the intersection of a street
and a driveway in a B or I District.
E.
A fence, hedge, wall, sign or other structure or vegetation
may be maintained on any lot, provided that in the front yard area,
no such structure or vegetation shall be over three feet in height
above the adjacent ground within five feet of the front lot line unless
it can be shown that such vegetation will not restrict visibility
in such a way as to hinder the safe entry of a vehicle from any driveway
to the street. In residential districts, no fence shall exceed a height
of 6 1/2 feet (eight feet when abutting a nonresidential district)
unless a special permit has been received from the Zoning Board of
Appeals.
Where a lot is located in more than one zoning
district or municipality, the following dimensional and density regulations
shall apply:
A.
Frontage. The frontage requirement for the district
or municipality in which a majority of the frontage is located shall
apply. If the lot has equal frontage in all districts or municipalities,
then the most restrictive shall apply.
B.
Lot area. The lot area requirement for the district
or municipality in which a majority of the lot area is located shall
apply. If the lot has equal area in all districts or municipalities,
then the most restrictive shall apply.
C.
All other dimensional and density regulations. Those
dimensional and density regulations required in a particular district
or municipality shall apply to that portion of the lot, or structure,
located in said district.
A.
The Planning Board may issue a special permit allowing
for the reduction of the frontage requirements for lots in the RR
and SR Districts, when such lot is to be used solely for single-family
residential purposes, provided that said lot has:
(1)
The portion of the flag lot with less than the
usual required frontage (the "flag pole") may be no deeper than 300
feet;
(3)
An access roadway with no curve having a radius
of less than 80 feet or, if access is from another lot, there must
be area on the flag lot for an access roadway with no curve having
a radius of less than 80 feet; and
(4)
The lot shall be laid out such that the principal
structure (erected or to be erected) may be located on the lot in
such manner that a circle, with a minimum diameter equal to 1 1/2
times the amount of the minimum frontage requirement required for
a nonflag lot in that district, can be placed around the principal
structure without any portion of said circle falling outside of the
property's line; and
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(5)
For the subdivision of any single lot or contiguous
lots under common ownership, in existence at the time of adoption
of this chapter or subsequent thereto, there may be no more than three
flag lots having abutting, contiguous street frontage. Said contiguous
flag lots under common ownership shall share one common curb cut and
driveway access. Appropriate easements shall be delineated on the
plot plan and on the deeds to the lots, including a clear provision
for the responsibility for the maintenance of the common driveway,
common utilities (if any) and snow removal, running with the land.
Said easements shall:
(6)
The grade, length and location of access driveways
shall be of suitable construction, in the opinion of the Planning
Board, for the access and, where applicable, the turnaround for vehicles,
including moving vans, ambulances, fire and police. Said driveways
shall conform to all applicable provisions of this chapter.
B.
Plans submitted to the Planning Board under this section
shall be the same as the plan submitted to the Planning Board under
the Subdivision Control Law, and shall include the statement "Lot(s)
is a flag lot: building is permitted only in accordance with the special
flag lot provisions of the Northampton Zoning Ordinance."
C.
The special permit application shall include a plan
showing the location and layout of the proposed driveway and house
and all provisions for drainage and stormwater runoff.
D.
A flag lot special permit shall be deemed to have
been exercised (and thereby shall not expire) when the special permit
and endorsed subdivision plans have been properly recorded at the
Hampshire County Registry of Deeds.
A.
General standards.
(1)
Any new heating system to serve a second unit on a parcel or
a new two-family or two single families that trigger site plan review
or special permit must use on-site sourced or grid-sourced electricity.
This must be shown at the time of the site plan application.
(2)
The dwelling units in a two-family dwelling may be arranged
side-by-side, front-and-back, or vertically stacked (up-down), or
a combination thereof.
B.
Illustrative examples.
(1)
The following photos show illustrative examples of two-family
dwellings in Northampton.
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C.
Design standards for two-family and two single-family structures
on a lot. For two-family/two single-family, in the URA, B, C Zones,
there is a minimum building occupancy in accordance with the following:
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|
Dimensional Standards
| ||||
|---|---|---|---|---|
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URC
|
URB
|
URA
| ||
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Side Setback (min)
|
See Tables
| ||
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Rear Setback (min)
|
See Tables
| ||
 |
Build-to-Zone (min-max)
(Not applicable to existing structures or lots where existing
structures do not meet this criteria.)
|
10 feet to 25 feet
|
10 feet to 25 feet
|
20 feet to 40 feet
|
 |
Building Frontage Occupancy width (min)
|
20 feet
|
20 feet
|
20 feet
|
(1)
Building massing. Maximum length of massing is 50 feet. ("B")
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(a)
A dwelling may have more than one mass.
(b)
When a mass is attached to another mass, the masses must be
designed with one or more of the following:
[1]
The roofs of adjacent masses run in different directions.
[2]
The roofs of adjacent masses that run in the same
direction have at least a two-foot difference in height.
[3]
Adjacent masses are arranged to create an ell or
T shaped building. The leg of the ell or the arms of the T must extend
at least eight feet beyond an intersecting wall.
[4]
Where the walls of adjacent masses are in the same
plane, the walls must be offset by at least four feet.
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Illustrative examples of techniques for making masses
distinguishable
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(2)
Building frontage.
(a)
Within the URA, URB, and URC Zones, in order to create a transitional
space between a building's facade and the public realm that enhances
neighborhood character, a new two-family dwelling or substantial alteration
of a single-family dwelling that adds 50% or more gross floor area
must include a covered front entry that meets the standards below.
[1]
The covered front entry must be located within
the build-to zone, except when a pre-existing building is not located
within the build-to zone.
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[2]
The covered front entry must face the street. This
is required for buildings facing and along the street front within
the build-to zone. This is not applicable for additional structures
built behind such buildings and which are not within the build-to
zone.
[3]
A covered front entry must have a minimum contiguous
floor area of six feet by eight feet, exclusive of any stairs or ramps,
for each unit's entry. The Planning Board, through site plan review,
may approve a smaller size but not smaller than four feet by four
feet for each unit.
[4]
The roof must cover an area of at least four feet
by four feet.
[5]
At least one side of the covered entry shall be
open between three feet and seven feet above its floor surface.
[6]
A front entry may project beyond the front facade
of a building or may be integral to the overall massing and roof form
of the building.
[7]
Any stair egresses to porches above first floor
covered entries must be within the footprint of the porch and may
not project on the exterior of the porch footprint if it is within
the build-to zone.
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Illustrative examples:
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(b)
A two-family dwelling may have a shared front entry, or two
separate front entries.
(c)
When a dwelling or dwelling unit is located to the rear of another
dwelling unit that has a covered front entry, the principal entrance
to the rear dwelling may face the side or rear of the lot. In this
case, the covered front entry must be at least 20 feet from the lot
line unless other means to create a buffer/private outdoor space to
adjoining properties are approved by the Planning Board. The entrance
must meet the requirements for a covered front entry as described
above.
(3)
Parking/garage placement.
(a)
General parking.
[1]
A parking area must be located to the side or rear
of a dwelling. No more than one parking space may be located in front
of a dwelling's front facade.
[2]
Where a pre-existing parking area in front of a
dwelling's front facade is proposed to be used in association with
a new two-family use: the parking area may be expanded toward the
side of the lot but may not encroach further in front of the home
between the home and the street.
[3]
No more than four cars may be parked beside a dwelling.
Additional vehicles must be parked behind a dwelling or inside a garage.
[4]
Parking for more than four cars shall be separated
by landscaped areas of at least six feet by six feet.
[5]
Parking areas behind a dwelling shall be adequately
screened to block car headlights from illuminating adjacent properties.
[6]
The Planning Board may issue a special permit for
alternative parking configurations when: the proposed design maintains
an equal level of safety and no more than four cars will be visible
from a public way.
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Illustrative Examples of Parking Configurations
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(b)
Detached garage design.
(c)
Attached garage design.
[1]
When an attached garage is located between two
dwelling units, the garage doors must face the side or rear of the
lot.
[2]
When the garage door(s) of an attached garage faces
and is visible from the street, no garage door shall be wider than
12 feet.
[3]
For attached garages in the SR, RR, and WSP Districts
when the garage doors do not face the street, the facade of the garage
visible from the street shall have window glazing that covers at least
20% of that exterior facade.
(4)
Screening.
(a)
All exterior mechanical structures must be located along the
sides or rear of structures or screened from view from public ways.
(b)
All refuse containers must be contained within a structure or
screened from view from a public way and adjacent properties.
(c)
For every tree over five inches in caliper removed for construction,
a replacement shade tree of at least one-inch caliper must be planted
on the property. When more than three trees are required for replacement,
a variety of shade trees from the City's Tree List and Planting Guidelines
must be selected. The Planning Board may waive the total number of
required trees to be planted on site if it finds that it is infeasible
to replace all removed trees on site and when:
[1]
At least one one-inch tree is planted on site;
and
[2]
It is shown that even ornamental/small trees cannot
be planted on site; and
[3]
Planting and spacing requirements for trees would
be hindered by constraints of the lot in combination with the planned
usable space of the lot; and
[4]
The remainder of the required one-inch trees, in
consultation with the City's Tree Warden, are planted on public property
with preference given to the public right-of-way as close to the site
as feasible.
Whereas, the “Massachusetts Comprehensive Permit Law”
(Massachusetts General Laws Chapter 40B, Sections 20 to 22) and the
“Massachusetts Comprehensive Permit: Low- and Moderate-Income
Housing” regulations (760 CMR 56.00), allow for a single local
board to administer and to waive any and all local zoning ordinances
and other local ordinances and regulations, as the single approving
authority, to encourage affordable housing, upon obtaining a site
eligibility letter from the Massachusetts Department of Housing and
Community Development (DHCD). Such site eligibility letter creates
a burden for some projects, especially small projects. It requires
the paying of a fee, the calculation of a developer's reasonable return,
and the provision of architectural elevations, among other requirements;
Whereas, it is the City's intention to provide some zoning relief,
consistent with City needs, and while avoiding the need for a DHCD
site eligibility letter:
A.
All
projects approved under this section must meet the following criteria:
(1)
At least 50% of the residential units being created shall be "affordable
units."
(2)
All permanent energy sources (thermal loads, hot water, and electric
loads) shall be from grid-supplied electricity or otherwise not use
fossil fuels (natural gas, propane, oil). This shall not apply to
emergency generators, outdoor grilling, or mobile energy uses.
(3)
Prior to obtaining a building permit, the applicant shall obtain
a) DHCD approval as Local Initiative Program (LIP) units, so that
all affordable units created under this section can be listed by DHCD
on their Subsidized Housing Inventory; or b) show evidence of commonwealth
funding that requires units to be counted on the DHCD SHI.
(4)
Prior to obtaining a building permit, the applicant shall obtain
site plan approval.
B.
The
Planning Board may approve affordable housing projects as part of
a site plan approval when:
(1)
The allowable dwelling units per acre (density) of the entire project
is 250% of that otherwise allowed by this zoning ordinance in the
zoning district in which the property is located. There are no other
minimum lot size requirements for any lots created under this section.
(2)
The minimum frontage, lot depth, and lot width is at least 40% of
that otherwise required by this zoning ordinance in the zoning district
in which the property is located.
(3)
When significant trees on the property are cut, they shall be replaced
on site with new trees to the extent feasible without blocking solar
photovoltaic or hot water systems, but no payment in lieu is required
when such planting is not feasible. Full mitigation is required for
cutting public shade trees.
(4)
All other zoning applies and is complied with.
C.
The
Planning Board may issue a special permit for additional zoning dimensional
and density relief when:
(1)
The application specifically details requested zoning relief to ensure
that the project and project permit conditions are not uneconomic,
as defined by MGL c. 40B and 76 CMR 56.00.
(2)
The Planning Board finds that the project, with a special permit
for the requested zoning relief, still meets local concerns (as defined
in 760 CMR 56.00 and as evidenced by the City's Master, Comprehensive,
and strategic plans).
(3)
The Planning Board finds that the special permit conditions of § 350-10
are met.
Reduced lot line (RLL) developments are developments, or portions
of developments, where house lots have a side yard setback of zero
or more feet on a side lot line (the "reduced lot line"). Such a reduction
in the standard side yard setback may be granted if the following
standards in Subsections A through E are met:
A.
B.
A five-foot
maintenance easement must be obtained or reserved by the owner of
a house on a reduced lot line from the property owner abutting the
reduced lot line in any development pursuant to Subsection A(1)or
A(2)(b)above where the setback is five feet or less to allow normal
maintenance. Said easement may allow a roof overhang of up to two
feet, and in such case the easement shall allow roof drainage onto
the easement area and sheet flow across the abutting property.
C.
There shall be a minimum of four shade trees of not less than 1.5 inches' caliper planted or maintained on each lot in accordance with the City's Tree List and Planting Guidelines, including two along the street frontage. (See also § 350-6.5D.)
D.
Only
one principal structure per lot is allowed in a reduced lot line development.
E.
Any
detached accessory structure on the lot must meet the standard setbacks
for such structures.
