Minimum setback: 25 feet to foundation and 15 feet to a porch or other part of the building. 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, new structures may be erected at the average alignment of the existing buildings. However, all buildings, including porches and other parts of the building, must be set back a minimum of 10 feet.

(3)

Minimum lot frontage: 100 feet.

(4)

Minimum lot depth: 100 feet.

(5)

Yards and maximum coverage shall be as follows:

[Amended 9-18-2003 by Ord. No. 03-37; 1-24-2011 by Ord. No. 11-02]

	Side Yard (feet)	Rear Yard (feet)	Maximum Coverage (percent)	Heights (feet)
Permitted uses	6	25*	NR	40
Accessory buildings	3	3	40% of rear yard	30
Membership clubs	10	25	NR	40
Hospitals	25	35	NR	40
Charitable institutions	10	25	NR	40
Isolation, drug or alcoholic clinics	25	35	NR	40
Garages and stables not accessory to permitted use	10	15	40% of rear yard	30

NOTES:

NR: No requirement.

*Except that a ground-story rear yard projection on the building may extend to within 15 feet of the rear lot line.

Distance requirements. For the purposes of the distance requirements specified in this Zoning Ordinance, measurements shall be from boundary to boundary or from the outer limits of the boundary from one district to the outer limits of any of the boundary or district involved.

[Added 4-15-1997 by Ord. No. 97-21]

§ 275-53 Residential B Districts.

Permitted uses in Residential B Districts shall include:

[Amended 12-20-1988]

(1)

Single-family detached dwellings.

(2)

Two-family residences.

(3)

Churches and other places of worship.

(4)

Cemeteries adjacent to or in extension of existing cemeteries.

(5)

Private schools and colleges.

(6)

Greenhouses accessory to a farm or private residence.

(7)

Governmental services.

(8)

Farms, nurseries and truck gardens.

(9)

Utilities transmission facilities and rights-of-way.

(10)

Golf courses.

(11)

Accessory uses.

Special permits. Special permit uses in Residential B Districts which may be granted by the City Council shall be as follows:

[Amended 9-1-2009]

(1)

Membership clubs.

(2)

Charitable institutions.

(3)

Garages which are not accessory to the principal structure.

(4)

(Reserved)[1]

[1]

Editor's Note: Former Subsection B(4), regarding group homes, was repealed 9-18-2003 by Ord. No. 03-36.

(5)

(Reserved)[2]

[2]

Editor's Note: Former Subsection B(5), Day-care centers, was repealed 9-18-2003 by Ord. No. 03-36.

(6)

New cemeteries.

(7)

Boardinghouses.

(8)

Hospitals or sanitoriums.

(9)

Isolation, drug and alcoholic clinics.

(10)

(Reserved)[3]

[3]

Editor's Note: Former Subsection B(10), Nursing homes, was repealed 1-24-2011 by Ord. No. 11-02.

(11)

Parking facilities.

[Added 10-4-1983; amended 5-7-1985]

(12)

(Reserved)[4]

[4]

Editor's Note: Former Subsection B(12), Home occupations, added 12-20-1988, was repealed 9-5-2023 by Ord. No. 23-43.

(13)

Permit for more than one unregistered vehicle.

[Added 4-16-1996 by Ord. No. 96-21]

(14)

Animal kennels.

[Added 5-18-1999 by Ord. No. 99-33]

Dimensional requirements shall be as follows:

(1)

Minimum lot size: single-family dwelling, 7,500 square feet; other uses, 10,000 square feet.

(2)

Minimum setback: 25 feet to foundation line and 15 feet to a porch or other part of the building. 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, new structures may be erected at the average alignment of the existing buildings. However, all buildings, including porches and other parts of the building, must be set back a minimum of 10 feet.

(3)

Minimum lot frontage: single-family residence, 75 feet; other uses, 100 feet.

(4)

Minimum lot depth: 100 feet.

(5)

Yards and maximum coverage.

[Amended 9-18-2003 by Ord. No. 03-36; 1-24-2011 by Ord. No. 11-02]

	Side Yard (feet)	Rear Yard (feet)	Maximum Coverage (percent)	Heights (feet)
Permitted uses	6	20*	NR	40
Accessory buildings	3	3	40% of rear yard
Membership clubs	10	20	NR	40
Hospitals	25	35	NR	40
Charitable institutions	10	25	NR	40
Isolation, drug or alcoholic clinics	25	35	NR	40
Garages and stables not accessory to permitted uses	10	15	40% of rear yard	30

NOTES:

*Except that a ground-story rear yard projection on the building may extend to within 15 feet of the rear lot line.

NR: No requirement.

(6)

Waivers. The City Council may waive dimensional requirements upon written request of the applicant for a development which, in the opinion of the City Council, serves to preserve a unique natural area, historical building, or is determined to be compatible with the neighborhood in which it is proposed.

[Added 6-17-2014 by Ord. No. 14-6]

(Reserved)[5]

[5]

Editor's Note: Former Subsection D, Enforcement of home occupation regulations, added 12-20-1988, as amended, was repealed 5-20-2003 by Ord. No. 03-21.

[Added 4-15-1997 by Ord. No. 97-21]

§ 275-54 Residential C Districts.

[Amended 3-16-1982; 10-4-1983; 5-7-1985; 6-4-1985; 8-4-1987; 1-15-1991; 2-19-1991 by Ord. No. 91-1; 4-16-1996 by Ord. No. 96-22; 4-15-1997 by Ord. No. 97-21; 5-18-1999 by Ord. No. 99-32; 9-1-2009; 1-24-2011 by Ord. No. 11-04]

Permitted uses in Residential C Districts include:

(1)

Single-family dwellings.

(2)

Two-family dwellings.

(3)

Three-family dwellings.

(4)

Multifamily dwellings (four or more units).

(5)

Governmental services.

(6)

Accessory uses.

Special permit.

(1)

Uses which may be allowed in Residential C Districts by special permit by the City Council shall be as follows:

(a)

Uses allowed in a Commercial A District which are clearly subordinate to the multifamily dwellings. Total floor area of Commercial A uses may not exceed 30% of the total floor area of the multifamily use.

(b)

Membership clubs.

(c)

Charitable institutions.

(d)

Parking facilities.

(e)

Permit for more than one unregistered vehicle.

Animal kennels.

Cemeteries.

Hospitals.[1]

Editor's Note: Former Subsection B(1)(i), Home occupations, which immediately followed this subsection, was repealed 9-5-2023 by Ord. No. 23-43.

Dimensional requirements.

(1)

Lot area. Required minimum lot area.

(a)

One-family dwellings: 7,500.

(b)

Two- and three-family dwellings: 10,000 square feet.

(c)

Multifamily dwellings: 30,000 square feet.

(d)

Governmental services: 30,000 square feet.

(e)

Uses by special permit: 30,000 square feet.

(2)

Distance between buildings: all principal buildings shall be separated by a minimum of 25 feet.

(3)

Yards. Required minimum front, side and rear yard setbacks.

(a)

Front yard setback:

[1]

One-, two-, and three-family: 25 feet to closest portion of the structure and 15 feet to a porch.

[2]

Multifamily, governmental services, uses by special permit: 25 feet. On a corner lot, one setback may be 20 feet where there is no parking between the building and the street.

[3]

Setback exemption: 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, new structures may be erected at the average alignment of the existing buildings. However, all portions of structures must be set back a minimum of 10 feet.

(b)

Side yard setbacks.

[1]

One-family: six feet; two-family: 10 feet; and three-family: 15 feet.

[2]

Multifamily, governmental services, uses by special permit: 20 feet.

(c)

Rear yard setbacks.

[1]

One-, two-, and three-family: 20 feet.

[2]

Multifamily: 30 feet.

[3]

Governmental services, uses by special permit: 35 feet.

(4)

Frontage. The following minimum lot frontage shall be required:

(a)

Single-family: 75 feet.

(b)

Two- and three-family: 100 feet.

(c)

Multifamily, governmental services, uses by special permit: 150 feet.

(5)

Depth. The following minimum lot depth shall be required:

(a)

Multifamily, governmental services, uses by special permit: 200 feet.

(b)

One-, two- and three-family: 100 feet.

(6)

Height. Height shall be limited to 40 feet for all principle uses.

(7)

Accessory structures:

(a)

Attached: Accessory structures attached to principle structures shall comply with height limitations and setbacks for principle structures.

(b)

Detached: side and rear yard setback minimum requirement, maximum height:

[1]

Accessory to one-, two-, and three-family: Minimum side and rear setbacks are three feet.

[2]

Accessory to multifamily, governmental services, uses by special permit: Minimum side and rear setbacks are 10 feet.

[3]

Accessory to all uses: Maximum height is 20 feet.

(8)

Signs: Multifamily, governmental services, uses by special permit: One freestanding sign no larger than 20 square feet on a side may be allowed for each project. Location and size of signs on buildings and ground sign locations shall be approved as part of the site plan and/or special permit. Attached signs extending more than three feet above the roofline are prohibited.

(9)

Parking facilities. See Chicopee City Code, § 275-40 (parking).

(10)

Fencing and screening. (See also Chicopee City Code, § 275-44, Fences.)

(a)

Multifamily: Fencing is required where multifamily housing developments abut nonresidentially zoned or occupied property. Fences may not exceed four feet within front setbacks, eight feet in side yards, and eight feet in rear yards. On corner lots, fences, walls, and shrubbery may not exceed the height restrictions identified in Chicopee City Code, § 275-33, Corner view clearance.

(b)

Governmental services, uses by special permit: Fencing is required where governmental services or special permit uses abut residentially zoned or occupied property. Security fences may not excede eight feet on front, side or rear setbacks. Decorative or screening fences may not exceed four feet in front setbacks, eight feet in side yards, and eight feet in rear yards. On corner lots, fences, walls, and shrubbery may not exceed the height restrictions identified in Chicopee City Code, § 275-33, Corner view clearance.

(11)

Open Space. Multifamily developments (four units or more) shall provide a minimum of 500 square feet of open space per unit. The open space shall be a contiguous area or multiple areas, provided no area is less than 2,000 square feet. Open space areas must contain landscaping and open areas for outdoor recreation. Land between the property line and building setbacks cannot be counted toward the total open space requirement for the project.

Uses		Minimum Area		Minimum Lot Frontage (feet)	Minimum Lot Depth (feet)	*Minimum Front Setback [a][b] (feet)**	Minimum Side Yard (feet)	Minimum Rear Yard (feet)	Maximum Height (feet)
Single-family dwelling		7,500 square feet	1 unit	75	100	25	6	20	40
Two-family dwelling		10,000 square feet	2 units	100	100	25	10	20	40
Three-family dwelling		10,000 square feet	3 units	100	100	25	15	20	40
Multifamily		30,000 square feet	4+ units	150	200	25	20	30	40
Governmental services		30,000 square feet		150	200	25	20	35	40
Accessory
	One-, two, and three-family					25	3	3	20 feet detached
	Multifamily, all other	N/a		N/a	N/a	25	10	10	40 feet detached
Membership clubs		30,000 square feet		100	100	25	20	35	40
Hospitals		30,000 square feet		100	100	25	20	35	40
Charitable institutions		30,000 square feet		100	100	25	20	35	40
Parking facilities		See Chicopee City Code, § 275-40 (parking); § 275-6, Site plan review.

NOTES:
N/a = Not applicable
*	See also setback exemption in § 275-54D(3)(a)[3].
[a]	See also corner lot setback in § 275-42.
[b]	Corner lot exception: Multifamily dwellings may observe 20 feet on one street if no parking between building and street.

Plan approval. All proposed multifamily developments shall follow review, submission, and approval requirements in accordance with Chicopee City Code, § 275-6, Site plan review.

§ 275-55 Residential D Districts.

All mobile homes, including relocated units, shall be located in a Residence D District. A Residence D District shall have a minimum of five acres in total land area.

Permitted uses. Permitted uses shall include mobile homes, accessory buildings, recreation buildings, management and maintenance buildings.

Density requirements. The density of development or mobile homes per acre of land shall not exceed seven units per acre.

Open space. Mobile home parks shall have at least 20% of total land area in landscaped and recreational space. At least 50% of this requirement shall be in usable open space. This requirement may not be filled by landscaped areas within mobile home lots or in required setbacks.

Setbacks. No mobile home or accessory building shall be within 25 feet of a public right-of-way. All mobile homes shall be set back a minimum of 15 feet from any street within the development. No mobile home shall be within 20 feet of any other mobile home.

All proposed mobile home developments shall follow all review, submission and approval requirements as set down by the Planning Board in the Subdivision Regulations after appropriate zoning has been confirmed or attained.

All residential units shall be installed on foundations, without wheels, in a permanent manner.

Owners of existing mobile home parks as of the date of adoption of this subsection or any mobile home park owner with an approved mobile home park pursuant to this chapter, within a Residence D District, shall be permitted to convey individual lots to individual owners within the mobile home park, provided that:

[Added 9-5-1989]

(1)

Any lot so conveyed, purchased or sold shall be subject to an agreement obligating the owner of said lot to join an association of unit owners, which association should be responsible for the centralized management of the mobile home park in its entirety and provide for the maintenance and improvement of common areas, common streets and ways within the mobile home park and common utilities within the mobile home park, hence said association shall provide for control of its actions by a one-vote-per-lot rule and shall have the ability to enforce as equitable lien on said lots for the cost of said common areas, common streets, ways and common utilities.

(2)

Use of any lot within a Residence D District is hereby restricted to mobile homes and appurtenant storage sheds, garages and other appurtenant uses.

(3)

The minimum lot frontage of any lot so conveyed by the owner of a mobile home park, on either a public or private way shall be 35 feet, and the minimum square footage of any lot so conveyed shall be 3,500 square feet; (Mobile Home Parks in existence prior to the enactment of this subsection need only comply with 3,200 square feet.)

(4)

The Planning Board for the City of Chicopee has approved said lots on either an approval-not-required or an approval-required plan submitted in accordance with the Massachusetts Subdivision Control Law, and said lots shall be subject to any regulations or covenants imposed by the Planning Board of the City of Chicopee pursuant to the provisions of the Massachusetts Subdivision Control Law.

(5)

In no event shall the space occupied by a mobile home on any lot so conveyed by the owner of a mobile home park exceed 50% of the individual lot area.

[Added 4-15-1997 by Ord. No. 97-21]

§ 275-56 Commercial A Districts.

This district is designed for business uses that are intended to serve a neighborhood and to be compatible with residential areas.

Permitted uses in Commercial A Districts shall include:

(1)

Accessory.

(2)

Commercial greenhouses.

(3)

(Reserved)[1]

[1]

Editor's Note: Former Subsection B(3), Day-care centers, was repealed 9-18-2003 by Ord. No. 03-34.

(4)

Educational services.

(5)

Finance, insurance and real estate services.

(6)

Membership clubs.

(7)

Personal services.

(8)

Professional services.

(9)

Repair services other than for automobiles, trucks and motorcycles.

(10)

Retail trade without outdoor storage.

(11)

Welfare and charitable services.

Special permits. Uses which may be granted in Commercial A Districts by the City Council shall be as follows:

[Amended 10-4-1983; 5-7-1985; 9-1-2009]

(1)

Automobile service stations.

(2)

Up to four dwelling units in a commercial building.

(3)

Eating and drinking places without live entertainment.

(4)

(Reserved)[2]

[2]

Editor's Note: Former Subsection C(4), Nursing homes, was repealed 1-24-2011 by Ord. No. 11-02.

(5)

Parking facilities.

Dimensional requirements shall be as follows:

(1)

Minimum lot size: no requirements.

(2)

Minimum setback: 25 feet. Where parts of 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, new structures and additions may be erected at the average alignment of the corresponding parts of existing buildings. No outdoor storage may be within 10 feet of the street line.

(3)

Yards and maximum coverage: side and rear yard requirements apply only to land abutting residential districts.

[Amended 1-24-2011 by Ord. No. 11-02]

	Side Yard (feet)	Rear Yard (feet)	Maximum Coverage (percent)	Height (feet)
Permitted uses	10	15	65	40
Accessory uses	5	15	15	30
Auto service stations	25	25	50	25
Ground signs	5	15	NR	15

NOTES:

NR: No requirement.

(4)

Maximum size for all business uses shall be 3,000 square feet of floor area for each business unit.

Special conditions.

(1)

Signs. One ground sign may be allowed for each building set back at least 25 feet. Ground signs may be no larger than 35 square feet on each side nor have a total surface area greater than 70 square feet. No sign over six square feet in area on each surface may extend over a sidewalk when attached to a building. Signs extending above the roofline are prohibited. Signs on a store shall be no wider than 75% of the width of the storefront or wall of the premises which is occupied by the store erecting the sign. Billboards are prohibited.

[Amended 10-17-2006 by Ord. No. 06-11G]

(2)

Screening. Any principal or accessory building or use abutting residentially zoned land must be screened by a solid wall, fence or hedge at least eight feet in height.

(3)

Dwelling units. No residential unit may be located on the first floor of a building also used for commercial or business purposes.

[Added 4-15-1997 by Ord. No. 97-21]

§ 275-57 Commercial A-1 Districts.

[Added 12-1-1981]

This district is designed for businesses that are intended to enhance a neighborhood's cultural, historic and aesthetic environment while retaining commercial activity compatible with residential areas.

Permitted uses in Commercial A-1 Districts shall include:

(1)

Accessory.

(2)

Finance, insurance and real estate services.

(3)

Personal services.

(4)

Professional services.

(5)

Welfare and charitable services.

Special permits. Uses which may be granted in Commercial A-1 Districts by the City Council shall be as follows:

[Amended 10-4-1983; 5-7-1985; 9-1-2009]

(1)

Up to four dwelling units in a commercial building.

(2)

Retail trade without outdoor storage.

(3)

Parking facilities.

Dimensional requirements shall be as follows:

(1)

Minimum lot size: no requirements.

(2)

Minimum setback: 25 feet. Where parts of 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, new structures and additions may be erected at the average alignment of the corresponding part of existing buildings. Outdoor storage may be allowed only as an accessory use and shall be restricted to the rear lot. Such storage may not cover more than 20% of the rear lot area.

(3)

Yards and maximum coverage: Side and rear yard requirements apply only to land abutting residential districts.

Use	Side Yard (feet)	Rear Yard (feet)	Maximum Coverage (percent)	Height (feet)
Permitted uses	10	15	65	40
Accessory uses	5	15	15	30
Ground signs	5	NR	NR	10

NOTES:

NR: No requirement.

(4)

Maximum size for all business uses shall be 3,000 square feet of floor area for each business unit.

Special conditions.

(1)

Signs. One ground sign may be allowed for each building set back at least 25 feet. Ground signs may be no larger than five square feet on each side nor have a total surface area greater than 10 square feet. No sign over six square feet in area on each surface may extend over a sidewalk when attached to a building. Signs extending over the roofline are prohibited. Signs on a store shall be no wider than 5% of the width of the storefront or wall of the premises occupied by the store erecting the sign. Billboards are prohibited.

[Amended 10-17-2006 by Ord. No. 06-11G]

[Added 4-15-1997 by Ord. No. 97-21]

§ 275-58 Business A Districts.

This district is designed for general businesses located in areas of high traffic volume that are intended to serve an area-wide population.

Permitted uses in Business A Districts shall include:

(1)

Accessory uses.

(2)

Automobile parking.

(3)

Automobile service stations.

(4)

Automotive trade.

(5)

Business and professional services.

(6)

Commercial greenhouses.

(7)

Communications.

(8)

Eating and drinking places without the consumption of alcohol, with or without live entertainment.

(9)

Educational services.

(10)

Entertainment assembly.

(11)

Finance, insurance and real estate.

(12)

Funeral and crematory services.

Hotels and motels.

Membership clubs.

(Reserved)[1]

Editor’s Note: Former Subsection B(15), which listed nursing homes as a permitted use, was repealed 3-17-2009 by Ord. No. 09-79. For current provisions on nursing homes, see Subsection C(10).

(16)

Personal services.

(17)

Repair services other than for automobiles and trucks.

(18)

Retail trade with or without outdoor storage.

(19)

Welfare and charitable institutions.

(20)

Lodging house.

[Added 8-4-1987]

(21)

Motor vehicle repair services.

[Added 7-6-1995 by Ord. No. 95-38]

(22)

Animal kennels.

[Added 5-18-1999 by Ord. No. 99-31]

Special permit. Uses which may be granted in Business A Districts by special permit by the City Council shall be as follows:

[Amended 3-6-1984; 12-4-1984; 7-7-1992 by Ord. No. 92-35; 2-16-1993 by Ord. No. 93-4; 7-5-1994 by Ord. No. 94-36; 3-19-2002 by Ord. No. 02-12; 9-3-2002 by Ord. No. 02-46; 12-19-2006 by Ord. No. 06-19A; 3-17-2009 by Ord. No. 09-79; 9-1-2009]

(1)

Commercial recreation.

(2)

[2]Billboards.

[2]

Editor's Note: Former Subsection C(2), Motor vehicle repair services, was repealed 7-6-1995 by Ord. No. 95-41.

(3)

Drive-in restaurants.

(4)

Eating and drinking places with the consumption of alcohol, with or without live entertainment.

(5)

Up to four dwelling units in a business building.

(6)

Small-scale production facilities where the Council finds that the use, number of employees, size of operation, hours of operation, structural and land improvements will improve the general, social, physical and economic conditions of the neighborhood in which it is located.

(7)

Towing and storage of motor vehicles.

(a)

Towing and storage services are businesses that includes towing and/or storage of towed vehicles, trailers or anything mounted on trailers. These operations include office, dispatch center, parking for towing vehicles and any other towing equipment, employees and patrons of a towing business, and storage of vehicles, trailers or anything mounted on trailers which have been towed from accidents, abandonment or for reasons other than automotive and truck repair services normally contracted for by individuals.

(b)

No towing service based in the City of Chicopee shall operate without a special permit issued by the City Council.

(c)

All existing towing services conducting business within the City of Chicopee shall be exempt from the provisions of this subsection if they are legally in existence at the time of adoption of this subsection.

(d)

All towing services doing business within City limits shall possess the ability to store a minimum of 10 motor vehicles within the City of Chicopee in addition to the provision of two parking spaces per employee on the largest shift, a minimum of three parking spaces for customers, and one space for each business vehicle.

(e)

All outdoor storage facilities shall be located within a Business A, Business B, or Industrial Zoning District.

(f)

All outdoor storage facilities shall be secured and fully enclosed by a sturdy privacy fence having a minimum height of six feet, with a lockable gate for ingress and egress, and shall be lighted from dusk to dawn.

(g)

All towing service operators shall maintain a complete and accurate list of all tow truck operators, all of whom shall be licensed to operate a motor vehicle within the Commonwealth of Massachusetts. Said list shall be available to the Building Inspector for the City of Chicopee upon demand.

(h)

All towing companies shall maintain a complete list of all tow trucks owned and operated by the company, including the make, model, color, year, and VIN number. Said list shall be available to the Building Inspector for the City of Chicopee upon demand.

(i)

All tow trucks shall be properly registered and insured at all times.

(8)

Housing of taxicabs, limousines and car rentals.

(9)

Adult uses. The City Council, in granting a special permit, may provide that the adult uses listed below be located no less than 500 feet from any district designated by the Zoning Ordinance for any residential use, including those residential uses allowed by a special permit or grandfathered within business zones, or any public, private or parochial school, library, park, playground, recreational area, church or other area in which large numbers of minors regularly travel or congregate, or be located within 1,000 feet of any other adult use or within 1,000 feet of any establishment licensed under the provisions of MGL c. 138, § 12. No advertisement, display or other promotional material is to be visible to the public from a public way, including but not limited to pedestrian walkways. Signage is limited to ordinance restrictions in this section. If an adult use allows for the showing of films, videos or other entertainment within the premises, any and all booths, cubicles, rooms, studios, compartments or stalls must be clearly visible from the center of the establishment and be closed off or obscured by curtains, drapes, doors, screens, partitions, dividers or any obstruction.

Adult bookstore.

Adult theater.

Adult club.

Adult entertainment establishment.

(10)

(Reserved)[3]

[3]

Editor's Note: Former Subsection C(10), regarding nursing homes and assisted living and over 55 age-restricted housing, as amended, was repealed 1-24-2011 by Ord. No. 11-02.

Dimensional requirements.

[Amended 3-6-1984; 9-1-2009 by Ord. No. 09-17; 1-24-2011 by Ord. No. 11-02]

(1)

Minimum lot size: no requirement.

(2)

Minimum setback: 25 feet. Where parts of existing buildings within 300 feet on each side of the street and within the same block and district are set back less than the required minimum, new structures and additions may be erected at the average alignment of the corresponding parts of existing buildings. No outdoor storage may be within 10 feet of the street line.

(3)

Yards, height and maximum coverage. Side and rear yard requirements apply only to land abutting residential districts or residential uses.

[Amended 8-4-2015 by Ord. No. 15-42]

	Side Yard (feet)	Rear Yard (feet)	Maximum Coverage (percent)	Height (feet)
Permitted uses other than automobile service stations	15	25	60%	40
Accessory uses	10	15	NR	30
Ground signs	10	15	NR	20
Auto service stations	25	25	NR	40

NOTES:

NR: No requirement.

Special conditions.

(1)

Signs. One ground sign may be allowed for each building set back at least 25 feet. Ground signs may be no larger than 40 square feet on each surface nor have a total surface area greater than 80 square feet. No sign greater than 12 square feet on a side may extend over a sidewalk when attached to a building. Signs extending more than three feet above the roofline are prohibited. Signs on a store shall be no wider than 75% of the width of the storefront or wall of the premises or that portion of the premises occupied by the store erecting the sign.

[Amended 3-19-2002 by Ord. No. 02-13; 10-17-2006 by Ord. No. 06-11G]

(2)

Screening. Any principal or accessory building or use abutting residentially zoned or occupied land must be screened by a fence or hedge at least six feet in height.

[Added 4-15-1997 by Ord. No. 97-21]

§ 275-59 Business B Districts.

This district is intended for heavy businesses that generate high volumes of traffic and are incompatible with residential and many general business uses.

Permitted uses. Only the following uses are permitted in Business B Districts:

(1)

Accessory uses.

(2)

Automobile parking.

(3)

Automotive service stations.

(4)

Automotive trade.

(5)

Business and professional services.

(6)

Commercial greenhouses.

(7)

Communications.

(8)

Contract construction services.

(9)

Eating and drinking places without the consumption of alcohol, with or without live entertainment.

(10)

Educational services.

(11)

Entertainment assembly.

(12)

Finance, insurance and real estate.

(13)

Funeral and crematory services.

(14)

Hotels and motels.

(15)

Membership clubs.

(16)

Motor freight transportation.

(17)

(Reserved)[1]

[1]

Editor’s Note: Former Subsection B(17), which listed nursing homes as a permitted use, was repealed 3-17-2009 by Ord. No. 09-80. For current provisions on nursing homes, see Subsection C(10).

(18)

Personal services.

(19)

Repair services other than for automobiles and trucks.

(20)

Retail trade, with or without outdoor storage.

(21)

Utilities: offices, equipment storage and maintenance.

(22)

(Reserved)[2]

[2]

Editor’s Note: Former Subsection B(22), listing warehousing and storage as a permitted use, was repealed 12-15-2015 by Ord. No. 15-68. See now Subsection C(11).

(23)

Welfare and charitable institutions.

(24)

Wholesale trade.

(25)

Lodging houses.

[Added 8-4-1987]

(26)

Motor vehicle repair services.

[Added 7-6-1995 by Ord. No. 95-39]

(27)

Animal kennels.

[Added 5-18-1999 by Ord. No. 99-30]

Special permit. Uses which may be granted in Business B Districts by special permit by the City Council shall be as follows:

[Amended 12-4-1984; 7-7-1992 by Ord. No. 92-35; 2-16-1993 by Ord. No. 93-4; 7-5-1994 by Ord. No. 94-36; 4-15-1997 by Ord. No. 97-20; 3-19-2002 by Ord. No. 02-12; 9-3-2002 by Ord. No. 02-46; 12-19-2006 by Ord. No. 06-19B; 3-17-2009 by Ord. No. 09-80; 9-1-2009]

(1)

Sport assembly.

(2)

Commercial recreation.

(3)

Industrial uses.

(4)

[3]Billboards.

[3]

Editor's Note: Former Subsection C(4), which listed motor vehicle repair services as a special permit use, was repealed 7-6-1995 by Ord. No. 95-42.

(5)

Drive-in restaurants.

(6)

Eating and drinking places with the consumption of alcohol, with or without live entertainment.

(7)

Towing and storage of motor vehicles.

(a)

(b)

No towing service based in the City of Chicopee shall operate without a special permit issued by the City Council.

(c)

(d)

(e)

All outdoor storage facilities shall be located within a Business A, Business B, or Industrial Zoning District.

All tow trucks shall be properly registered and insured at all times.

(8)

Housing of taxicabs, limousines and car rentals.

(9)

Adult uses. The City Council, in granting a special permit, may provide that the adult uses listed below be located no less than 500 feet from any district designated by the Zoning Ordinance for any residential use, including those residential uses allowed by a special permit or grandfathered within business zones, or any public, private or parochial school, library, park, playground, recreational area, church or other area in which large numbers of minors regularly travel or congregate, or be located within 1,000 feet of any other adult use or within 1,000 feet of any establishment licensed under the provisions of MGL c. 138, § 12. No advertisement, display or other promotional material is to be visible to the public from a public way, including but not limited to pedestrian walkways. Signage is limited to ordinance restrictions in this section. If an adult use allows for the showing of films, videos or other entertainment within the premises, any and all booths, cubicles, rooms, studios, compartments or stalls must be clearly visible from the center of the establishment and be closed off or obscured by curtains, drapes, doors screens, partitions, dividers or any obstruction. For the purposes of the distance requirements of this chapter, measurements shall be from boundary to boundary, that is, from the outer limits of the boundary for the use involved, to the outer limits of the boundary or district for any other use referred to.

Adult bookstore.

Adult theater.

Adult club.

Adult entertainment establishment.

(10)

(Reserved)[4]

[4]

Editor's Note: Former Subsection C(10), regarding nursing homes and assisted living and over 55 age-restricted housing, as amended, was repealed 1-24-2011 by Ord. No. 11-02.

(11)

Warehousing and storage.

[Added 12-15-2015 by Ord. No. 15-69]

Dimensional requirements.

[Amended 10-17-2006 by Ord. No. 06-11G; 9-1-2009 by Ord. No. 09-18; 1-24-2011 by Ord. No. 11-02]

(1)

Minimum lot size: no required minimum.

(2)

(3)

Minimum side and rear yards: no principal structure or accessory structure or use may be located within 15 feet of any residentially zoned land. Any principal or accessory structure or use abutting residentially zoned land must be screened by a fence or hedge at least six feet in height.

(4)

Height: The maximum height of all buildings and accessory uses shall be 40 feet. Freestanding signs shall be no taller than 20 feet.

(5)

Signs: One ground sign may be allowed for each building set back at least 25 feet. Ground signs shall be no larger than 60 square feet on each side (surface) nor have a total surface area greater than 120 square feet. No sign greater than 12 square feet, on a side may extend over a sidewalk when attached to a building. Attached signs extending more than three feet above the roofline are prohibited. Signs on a store shall be no wider than 75% of the width of the storefront or wall of the premises or that portion of the premises occupied by the store erecting the sign.

§ 275-60 Business C Districts.

This district is intended for business development in the vicinity of highway interchanges where it is desirable to encourage interstate-highway-created business.

Permitted uses in the Business C Districts shall include:

(1)

Motor freight transportation.

(2)

Warehouse and storage.

(3)

Hotels and motels.

(4)

Eating and drinking places without the consumption of alcohol, with or without live entertainment.

(5)

Drive-in restaurants.

(6)

Automotive service.

(7)

Automotive trade.

(8)

Lodging houses.

[Added 8-4-1987]

(9)

Motor vehicle repair services.

[Added 7-6-1995 by Ord. No. 95-37]

Special permits. Uses which may be granted in Business C Districts by special permit from the City Council shall be as follows:

[Amended 10-4-1983; 5-7-1985; 2-16-1993 by Ord. No. 93-4; 7-5-1994 by Ord. No. 94-36; 3-19-2002 by Ord. No. 02-12; 9-1-2009]

(1)

[1]Billboards.

[1]

Editor's Note: Former Subsection C(1), Motor vehicle repair services, was repealed 7-6-1995, by Ord. No. 95-40.

(2)

Industrial uses.

(3)

Wholesale trade.

(4)

Eating and drinking places with the consumption of alcohol, with or without live entertainment.

Parking facilities.

Adult bookstore.

Adult theater.

Adult club.

Adult entertainment establishment.

Dimension requirements shall be as follows:

(1)

(2)

Minimum side and rear yards: No principal or accessory structure or use may be located within 15 feet of any residentially zoned or used land. Uses must be screened from such areas by a solid wall, fence or hedge at least eight feet in height above the property line.

(3)

Maximum height: 40 feet for buildings and accessory uses and 20 feet for signs.

(4)

Signs. One freestanding sign may be allowed for each building set back at least 25 feet. Freestanding signs shall be no larger than 60 square feet on each side (surface) nor have a total surface area greater than 120 square feet. No sign greater than 12 square feet on a side may extend over a sidewalk when attached to a building. Attached signs extending more than three feet above the roofline are prohibited. Signs on a store shall be no wider than 75% of the width of the storefront or wall of the premises or that portion of the premises occupied by the store erecting the sign.

[Amended 3-19-2002 by Ord. No. 02-13; 10-17-2006 by Ord. No. 06-11G]

[Added 4-15-1997 by Ord. No. 97-21]

§ 275-61 Central Business District.

This district is intended for the mixed use of pedestrian-oriented commercial districts found in the center of the established neighborhoods.

Permitted uses in the Central Business District shall include:

(1)

Retail uses without outdoor storage.

(2)

Personal, business and professional services.

(3)

Automobile parking.

(4)

Eating and drinking places, with or without live entertainment, without the consumption of alcohol.

(5)

Repair services other than for automobiles and trucks.

(6)

Educational services.

(7)

Entertainment assembly.

(8)

Hotels and motels.

(9)

Welfare charitable institutions.

(10)

Membership clubs.

(11)

Residential uses in a building used for business or commercial purposes.

(12)

Accessory uses.

Special permits. Uses allowed in the Central Business District only by special permit from the City Council shall be as follows:

[Amended 3-6-1984; 2-16-1993 by Ord. No. 93-4; 7-5-1994 by Ord. No. 94-369-1-2009]

(1)

Multifamily residential.

(2)

Automotive service stations.

(3)

Eating and drinking places, with or without live entertainment, with the consumption of alcohol.

Adult bookstore.

Adult theater.

Adult club.

Adult entertainment establishment.

Dimensional requirements shall be as follows:

(1)

Minimum setback: New structures shall be set back the average alignment of existing buildings in the same block within 300 feet in either direction.

(2)

Side and rear yards: Where properties abut one- or two-family residential units or Residence A or B Districts, a minimum side or rear yard of 10 feet shall be observed, plus two feet for every story above the first.

(3)

Height: No building shall exceed a height of 60 feet, except by special permit from the City Council.

[Amended 9-1-2009]

(4)

Maximum building coverage: 80% of the lot.

[Amended 3-6-1984]

Residential requirements.

(1)

Any new residential unit (newly constructed) shall be provided with a minimum of 100 square feet of open space and/or recreation per unit. Such open space or recreation may be provided in, adjacent to or on top of the building.

(2)

The layout, arrangement and recreation open space requirements of new residential units shall be approved by the Planning Board.

(3)

No residential unit may be located on the first floor of a building also used for commercial or business purposes.

(4)

Buildings constructed exclusively for multifamily residence must meet Residence C District requirements.

Signs. One freestanding sign no larger than 35 square feet on a side may be allowed for each building set back at least 25 feet from the property line. Signs on stores shall be no wider than 75% of the width of the storefront or wall of the premises or that portion of the premises occupied by the store erecting the sign. Attached signs extending more than three feet above the roofline are prohibited.

[Amended 10-17-2006 by Ord. No. 06-11G]

[Added 4-15-1997 by Ord. No. 97-21]

§ 275-62 Industrial Districts.

Permitted uses shall be industrial uses and any use allowed as a permitted use in Business A or B Districts and accessory uses.

Special permits. Within any Industrial District, as indicated on the Building Zone Map, no building or other structure nor any premises shall be used, and no building or other structure or part of a building shall be erected which is intended or designed to be used (except as an incidental or accessory use) for any of the following specified purposes, except with the issuance, by the City Council, of a special permit:

[Amended 9-1-2009]

(1)

Abattoirs.

(2)

Ammonia, chlorine or bleaching powder manufacture.

(3)

Asphalt manufacture or refining.

(4)

Celluloid manufacture, except in isolated, fire-resisting buildings.

(5)

Coal tar products manufacture.

(6)

Creosote manufacture.

(7)

Distillation of coal, wood or bones.

(8)

Explosives or fireworks manufacture.

(9)

Fat rendering.

(10)

Fertilizer manufacture or potash refining.

(11)

Glue or size manufacture or processes involving recovery from fish or animal offal.

(12)

Gypsum, cement, plaster or plaster of paris manufacture.

(13)

Sites for dumping grounds (assigned in accordance with MGL c. 111, § 150A).

(14)

Junkyards and junk storage, auto salvage yards.

(15)

Linoleum manufacture.

(16)

Petroleum refining.

(17)

Pyroxylin plastic manufacture or the manufacture of articles therefrom.

(18)

Radium extraction.

(19)

Rubber or gutta-percha manufactured from crude or scrap material.

(20)

Sewage disposal plant, except where controlled by the municipality.

(21)

Sulphurous, sulphuric nitric or hydrochloric acid manufacture.

(22)

Tar distillation.

(23)

Tar roofing manufacture.

(24)

Sports assembly.

(25)

Any use allowed by special permit in Business A or B Districts.

(26)

Medical marijuana facilities: See Chicopee City Code § 275-70, Medical marijuana facilities.

[Added 11-19-2013 by Ord. No. 13-21]

Dimensional requirements shall be as follows:

(1)

Height. No buildings shall be erected to a height in excess of 60 feet.

(2)

Minimum setback: 25 feet. Where parts of existing industrial buildings within 200 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, new structures and additions may be erected at the average alignment of the existing buildings.

(3)

Side yards: No side yard is required, except that for buildings adjacent to a residence building or district, side yards shall be a minimum of 25 feet.

(4)

Rear yards: No rear yard is required except that a building adjacent to a residence shall have a minimum rear yard of 25 feet.

(5)

Chimneys or flues may be erected within a rear yard, provided that they do not exceed five square feet in aggregate external area and do not obstruct free ventilation. An open or lattice-enclosed iron fire escape or a fireproof open balcony to a fire tower may project not more than five feet into a rear yard. Any principal or accessory use abutting residentially zoned or occupied land must be screened by a solid wall, fence or hedge at least eight feet in height. No cornice shall project more than three feet into a rear yard.

[Amended 3-19-2002 by Ord. No. 02-13; 10-17-2006 by Ord. No. 06-11G]

[Added 4-15-1997 by Ord. No. 97-21]

§ 275-63 Garden Industrial Planned Unit Development (IPUD).

[Amended 8-4-1981; 7-3-1984; 4-18-1989; 7-6-1989]

Description. Industrial planned unit development (IPUD) shall mean an area of land served by sanitary sewer and public water, which is to be developed as a single entity for one or more industrial buildings, in which a mixture of industrial uses, as permitted hereunder, are determined to be advantageous.

Purposes. The purpose of allowing industrial planned unit development is to provide flexibility in the design and siting of multiple industrial and office buildings on a single site, thereby promoting aesthetic sensitivity; the preservation of land for open space; the efficient use of municipal services; and minimization of the overall impact of development on the immediate environment, while maximizing the use of the site's natural characteristics, wherever possible.

Permitted uses. The following uses will be permitted in an industrial planned unit development:

(1)

Industrial uses, except those uses described in § 275-62B, Industrial Districts, Special permits [excluding item § 275-62B(25) only as it pertains to §§ 275-58C(6) and 275-59C(3)].

(2)

Office uses, including research and development activities.

(3)

Business and professional services.

(4)

Financial, insurance and real estate services.

(5)

Aviation or aviation services.

(6)

Warehouse and distribution.

(7)

(Reserved)[1]

[1]

Editor's Note: Former Subsection C(7), Day-care/nursery school, was repealed 9-18-2003 by Ord. No. 03-34.

(8)

Contract construction services.

(9)

Communications.

(10)

Accessory uses.

Special permits. The following uses shall be allowed by special permit from the City Council:

[Amended 9-1-2009]

(1)

Educational services.

(2)

Civic center.

(3)

Eating and drinking places.

Dimensional and density requirements.

(1)

The minimum parcel size for a principal building is 50,000 square feet.

(2)

Maximum height of structures shall not exceed three stories or 45 feet, excluding projections above the third story for ventilators, elevators, cooling towers, antennae and mechanical equipment. Such features shall not exceed 25% of the roof area nor extend 15 feet above the roof level.

(3)

Maximum aggregate building coverage shall not exceed 33% of the total parcel area.

(4)

Minimum parcel or tract frontage shall be 125 feet for a single building parcel and 150 feet for multiple building parcels.

(5)

Minimum setback from any street line shall be 50 feet. No structure, parking area or service yard shall be permitted within the fifty-foot setback. Pedestrian walkways, driveways and passive use amenities will be allowed.

(6)

Minimum rear and side setbacks for principal structures shall be 25 feet. However, minimum abutting, rear and/or side setback shall be 100 feet as measured from residential property line.

(7)

No accessory structure, parking area or service yard shall be permitted within 15 feet of a side or rear lot line except where a common driveway is shared by adjoining parcels.

(8)

Corner lots shall comply with a minimum setback of 50 feet from all street lines.

(9)

Buffer area/screening. No permanent construction of building structures or parking area shall be permitted within 30 feet of any abutting land zoned or used for residential purposes; provided that any permitted use does not create any dangerous, injurious, noxious or otherwise objectionable condition; fire, explosive, radioactive or other hazardous condition; noise or vibration, smoke, dust, odor or other form of air pollution; electrical or other disturbance; glare or heat; or other conditions or element in a manner or amount to adversely effect the surrounding area. Any principal or accessory building or use, including parking or storage facilities, abutting land used or zoned for residential use shall be screened by a solid wall, earthen berm or a fence and natural planting area, which shall be no less than six feet in height when erected and planted. Any outdoor storage shall be similarly screened from view. All required screenings shall be maintained in good condition at all times.

(10)

A maximum of 70% of the total tract can be rendered impervious.

Nondimensional requirements.

(1)

The industrial planned unit development shall be served by both sanitary sewer and public water distribution system.

(2)

Minimum parking requirements shall be in accordance with § 275-40.

(3)

Landscaping.

(a)

Industrial planned unit developments shall be landscaped in such a manner as to provide an aesthetically pleasant and cohesive environment.

(b)

The placement and design of the landscaping shall target functional areas, such as site entrances, signs, parking areas and building entrances. These plantings shall integrate the project with the natural existing environment, through the retention of existing plantings and the use of native plant species.

(c)

The minimum ratio of planting materials for noncorner locations shall be as follows:

[1]

Three trees (two-inch caliper or more) for every six parking spaces for the first 80% of the spaces provided.

[2]

Three trees (two-inch caliper or more) or shrubs (eighteen-inch to twenty-four-inch height and spread) for every six parking spaces in the remaining 20% of the spaces provided.

(d)

If the IPUD is located on a corner lot, then the minimum ratio of planting materials shall be as follows:

[1]

Four trees (two-inch caliper or more) for every six parking spaces, for the first 80% of the spaces provided.

[2]

Four trees (two-inch caliper or more) or eight shrubs (eighteen-inch to twenty-four-inch height and spread) for every six parking spaces in the remaining 20% of the spaces provided.

(4)

Loading docks and facilities for handling shipping by rail and surface shall be located on those sides of each building which do not front on the street, insofar as possible. Screening either natural or man-made shall be provided for these areas.

(5)

Outside storage may not exceed 2% of the area of the principal use or building. However, a special permit may be issued on a parcel-by-parcel basis for up to 5%.

(6)

Signage may be provided as follows:

(a)

Attached signs. Signs on the exterior wall of each building shall not exceed one square foot in area for every five linear feet of building frontage occupied by a tenant; no single dimension shall exceed seven feet. No attached sign shall be greater than 42 square feet in area. Each tenant shall have only one attached sign. Attached signs shall not project more than one foot from the building wall and shall not extend or project above the top of the wall to which they are attached. No sign shall project into or over a sidewalk in such a manner as to endanger the health and safety of pedestrians.

(b)

Freestanding signs. Freestanding signs shall be no larger than 42 square feet in surface area, with no dimension larger than seven feet. The top of any freestanding sign shall not exceed 12 feet above the ground level at the base of said sign. No freestanding sign shall be located within 35 feet of the street pavement edge. No more than two freestanding signs for each building within the IPUD shall be allowed.

(c)

Prohibited signs shall be as follows:

[1]

Any sign, artificial light or reflecting device connected or used with a sign or otherwise located or displayed where such light competes for attention of the driver of a vehicle or may be mistaken for a traffic signal.

[2]

Flashing and rotating or blinking signs or optically projected slide signals which are changed periodically.

[3]

Lights with such brightness as to cause glare to roads or neighboring businesses or residences.

[4]

Strings of lights or flag-like devices hung from any part of a building or residences.

[5]

Billboard signs.

(7)

Finished construction. The exterior walls of each building are to be finished with stone or other materials exhibiting aesthetic and durable quality.

Project review. Any IPUD shall be reviewed by the Department of Planning and Development, Building Commissioner and the Department of Pubic Works for compliance with this section and with the parking requirements of this Zoning Chapter. Any industrial planned unit development shall meet any and all other review and approval requirement which are established by ordinance.

[Added 4-15-1997 by Ord. No. 97-21]

§ 275-63.1 Garden Industrial Planned Unit Development (IPUD), Type II.

[Added 5-19-1992 by Ord. No. 92-30; amended 4-15-1997 by Ord. No. 97-21; 7-7-1998 by Ord. No. 98-49]

Description. Industrial Planned Unit Development (IPUD), Type II, shall mean an area of land served by sanitary sewer and public water, which is to be developed as a single entity for one or more industrial buildings, in which a mixture of industrial uses, as permitted hereunder, has been determined to be compatible both within the proposed development and with the adjacent land uses.

Purposes. The purpose of establishing this Industrial Planned Unit Development (IPUD), Type II District is to provide an appropriate location for the development of multiple permitted land uses on a site and to promote economic diversity and stability within the City while encouraging flexibility in the design and siting of multiple industrial and office buildings, thereby promoting aesthetic sensitivity, preservation of land for open space, the efficient use of municipal services and minimizing the overall impact of development on the immediate environment and the site's natural characteristics, where possible.

Permitted uses. The following uses will be permitted in an Industrial Planned Unit Development, Type II:

[Amended 9-18-2003 by Ord. No. 03-34; 12-19-2017 by Ord. No. 17-52]

(1)

Industrial uses involving the manufacture, processing, assembly, fabrication, packaging, and/or storage of materials or products; excluding those uses described in § 275-62B(1) through (23), Industrial Districts, special permits, and excluding the following principal uses: motor vehicle repair, motor vehicle washing facilities, drive-in restaurants, residential uses, motor vehicle towing, motor vehicle storage services and adult entertainment uses.

(2)

Office uses, including research and development activities.

(3)

Business and professional services.

(4)

Financial, insurance and real estate services.

(5)

(Reserved)

(6)

Communications, telecommunication uses, call centers and telemarketing uses.

(7)

Recreational and sporting uses, including instructional and commercial uses, excluding sports assembly.

(8)

Aviation or aviation services.

(9)

Retail sales (with or without eating and drinking places as a component):

(a)

In a mixed-use, multistory structure with a minimum of three retail storefronts on the first floor; or

(b)

As an accessory to another permitted principal use.

(10)

Urban agriculture and food processing, limited to the following indoor operations:

(a)

Horticultural operations.

(b)

Hydroponic and aquaponic facilities.

(c)

Nursery stock producers, defined as businesses that raise herbaceous or small woody plants for wholesale or retail.

(d)

Food processing operations.

(e)

Food hubs, defined as entities that facilitate the aggregation, storage, distribution, and/or marketing of locally produced food products.

(11)

Educational services, limited to the following:

(a)

Colleges and professional schools.

(b)

Vocational and business schools.

(c)

Tutoring operations.

(d)

Makerspaces, defined as centers that:

[1]

Provide community access to shared facilities, tools, and technologies; and

[2]

Facilitate educational opportunities, either through organized classes or peer-to-peer collaboration; and

[3]

Cultivate an atmosphere of curiosity, innovation and entrepreneurship.

(12)

"Last-mile" courier and logistics businesses, defined as entities that:

(a)

Receive and sort freight for delivery to end users or retail points-of-sale;

(b)

Coordinate, contract, and/or perform such deliveries as defined in Subsection C(12)(a);

(c)

Limit courier operations to a service area not greater than 50 miles in radius; and

(d)

Whose on-site building coverage does not exceed 75,000 square feet or 33% of the total parcel area, whichever is smaller.

(13)

Accessory uses.

The following principal uses shall be allowed by special permit from the City Council following a determination by the City Council that such use can be integrated into the accepted development scheme and surrounding developed area:

[Amended 9-1-2009]

(1)

Educational services.

(2)

Eating and drinking places, with or without the consumption of alcohol, as a principal use.

(3)

Warehouse and distribution.

(4)

Sports assembly.

(5)

Riverfront activities, which shall consist of fishing piers and nonmotorized boat launches.

Dimensional and density requirements.

[Amended 5-20-2003 by Ord. No. 03-18]

(1)

The minimum tract size shall be six acres for projects consisting of more than one principal structure. The minimum parcel size within said tract for a principal building shall be 50,000 square feet.

(2)

The maximum height of structures shall not exceed three stories or 45 feet, excluding projections above the third story for ventilators, elevators, cooling towers, antennas and mechanical equipment. Such features shall not exceed 25% of the roof area nor extend 15 feet above the roof level.

(3)

The maximum aggregate building coverage shall not exceed 33% of the total parcel area.

(4)

The minimum parcel frontage shall be 125 feet for a single building parcel and 150 feet for a parcel with multiple buildings.

(5)

The minimum setback from any interior park street line shall be 50 feet. The minimum setback from streets exterior to the park shall be 75 feet. No structure, parking area or service yard shall be permitted within the first 50 feet of the front setback areas as measured from the street line. Pedestrian walkways, bikeways, driveways, utilities, including storm drainage facilities, plantings and passive use amenities are allowed within all setback areas.

(6)

Minimum rear and side setbacks for principal structures shall be 45 feet. However, when rear, side or front yards abut residentially zoned property the setback to principal structures shall be a minimum of 150 feet as measured from the residential property line. A mixed conifer buffer area shall be planted and maintained abutting the residentially zoned property. The minimum height of the plantings shall be six feet when initially planted.

(7)

Buffer area/screening. No permanent construction of accessory structures and/or any parking areas shall be permitted within 100 feet of any abutting land zoned for residential purposes as measured from said residential property line. Any principal or accessory building or use, including parking or storage facilities, abutting land zoned for residential use shall be screened by either a solid wall, earthen berm or a fence, which shall be enhanced by a mixed conifer planting area which shall be no less than six feet in height when erected and planted. All outdoor storage shall be screened from view. All required screenings shall be maintained in good condition at all times or replaced. Pedestrian walkways, bikeways, driveways, utilities, including storm drainage facilities, plantings and passive use amenities are allowed within all buffer areas.

(8)

No accessory structure, parking area or service yard shall be permitted within 15 feet of a side or rear lot line except where a common driveway is shared by adjoining parcels.

(9)

Corner lots shall comply with a minimum setback of 50 feet from all interior street lines and 75 feet from streets exterior to the project.

(10)

No more than 70% of the total tract or any subdivision thereof may be rendered impervious, excluding streets. An adequate stormwater management system shall be designed and constructed in accordance with provisions of this chapter. In cases where a stormwater system cannot accommodate 70% impervious coverage, then the impervious coverage must be reduced to coincide with the stormwater system's capabilities. In no case shall the total impervious coverage of any parcel exceed 70% within the IPUD.

Nondimensional requirements.

[Amended 12-19-2017 by Ord. No. 17-53]

(1)

The Industrial Planned Unit Development, Type II, shall be served by both sanitary sewer and public water distribution systems.

(2)

All impervious surfaces shall provide for adequate drainage of stormwater. Site stormwater drainage systems shall be designed for two- and ten-year, twenty-four-hour storm events. Drainage calculations prepared by a licensed Massachusetts professional engineer shall be provided for the two-, ten-, twenty-five-, and one-hundred-year storm events. Post-development peak discharge rates of the total tract shall not exceed predevelopment rates of the tract, either at the point of discharge or the downgradient property boundary.

(3)

Minimum parking requirements shall be as follows:

(a)

No parking space shall be less than 8 1/2 feet in width and 17 1/2 feet in length. All parking spaces shall be properly lined and maintained.

(b)

All aisles shall provide acceptable clearance for fire and emergency vehicles. The typical aisle width shall be 26 feet, unless otherwise approved by the City Fire Chief.

(c)

Continuous parking areas over two acres in size shall be divided by landscape areas. Such parking areas shall have storage areas for snow removal purposes. All parking shall be designed using current stormwater management practices, and on-site stormwater retention/detention facilities shall be provided to control downstream and off-site flooding and erosion.

(d)

All parking areas shall provide for adequate drainage of stormwater as referenced in Subsection F(2).

(e)

Driveways connecting off-street parking to streets shall have a minimum curb radius of 25 feet. The closest curbline of any driveway 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 insofar as possible.

(f)

Lighting. All required off-street parking shall have adequate lighting. Lighting shall be installed so that it does not cause glare onto residential properties or interfere with the safe operation of motor vehicles on abutting roads.

(g)

Maintenance of parking areas. All parking areas shall be maintained in an attractive manner and kept clean and free of snow, refuse and debris. All site stormwater drainage systems shall be maintained as designed and approved. All parking areas shall have a dust-free surface; the use of dirt, gravel, trap rock or screenings as a final wearing surface is prohibited.

(h)

The number of parking spaces to be provided shall be calculated in accordance with § 275-40N.

(4)

Landscaping.

(a)

Industrial Planned Unit Development, Type II, shall be landscaped in such a manner as to provide an aesthetically pleasant and cohesive environment.

(b)

The placement and design of the landscaping shall target functional areas, such as site entrances, signs, parking areas and building entrances. These plantings shall integrate the project with the natural existing environment through the enhancement and retention of existing plantings and the use of native plant species. Quality existing plantings should be maintained wherever possible.

(c)

The minimum number and type of plantings required for noncorner lots or sites shall be calculated as follows. In all cases, native species are recommended.

[1]

Three trees (two-inch caliper or more) for every six parking spaces for the first 80% of the spaces provided.

[2]

Three trees (two-inch caliper or more) or six shrubs (eighteen-inch to twenty-four-inch height and spread) for every six parking spaces in the remaining 20% of the spaces provided.

(d)

If the IPUD, Type II, is located on a corner lot, then the minimum number of plantings required shall be as follows. In all cases, native species are recommended.

[1]

Four trees (two-inch caliper or more) for every six parking spaces for the first 80% of the spaces provided.

[2]

Four trees (two-inch caliper or more) or eight shrubs (eighteen-inch to twenty-four-inch height and spread) for every six parking spaces in the remaining 20% of the spaces provided.

(5)

Loading docks and facilities for receiving, handling and shipping by rail and surface shall be located on those sides of each building which do not front on a street, insofar as possible. Screening, either natural or man-made, shall be provided and maintained for these areas in all cases.

(6)

Outside storage may not exceed 5% of the area of the principal building. The use of trailers or trailer bodies for temporary or permanent storage is prohibited. Only construction trailers are exempt from this provision, and then only for a limited time period approved by the Building Commissioner. Construction trailer locations shall be approved in advance by the plan review committee established hereafter.

(7)

Signage may be provided as follows:

(a)

(b)

(c)

Prohibited signs shall be as follows:

[1]

Any sign, artificial light or reflecting device connected or used with a sign or otherwise located or displayed where such light competes for the attention of the driver of a vehicle or may be mistaken for a traffic signal.

[2]

Flashing and rotating or blinking signs or optically projected slide signals which are changed periodically.

[3]

Lights with such brightness as to cause glare to roads or neighboring businesses or residences.

[4]

Strings of lights or flag-like devices hung from any part of a building or residence.

[5]

Billboard signs.

(8)

Finish construction. The exterior walls of each building are to be finished with quality metal panels, stone, brick, block or other materials exhibiting aesthetic and durable qualities. Combinations of the above materials are also permitted.

Project review. Development of any property designated IPUD Type II shall proceed as follows:

(1)

Designation of a tract as IPUD II zoning is subject to zone change and special permit approvals granted through the City Council.

[Amended 9-1-2009]

(2)

The developer shall submit to the City Planning Board a Master Plan, Development Plan and Development Restrictions. New road construction shall be subject to Chicopee Planning Board review and approval in accordance with current subdivision regulations of the City of Chicopee. Subdivision proposals shall incorporate the Master Plan, Development Plan and Development Restrictions or Covenants.

(3)

Development of individual sites within any IPUD, Type II project shall be subject to site plan review. Site plan review shall be conducted by a committee consisting of department heads from Planning and Development, Building, Public Works, Water, Fire and the CELD Plant Manager. This Committee shall, with input from other City departments as it deems necessary, review, approve or require amendments to site plans prior to the issuance of a building permit by the Building Commissioner. Site plans shall be consistent with the approved Master Plan, Development Plan and Development Restrictions or Covenants. Plan submission requirements shall be established by the IPUD Type II Site Plan Committee.

(4)

Any IPUD Type II project shall meet all other review and approval requirements established by ordinance.

Hazard restrictions. No permitted use shall create any dangerous, injurious, noxious or otherwise objectionable conditions. Permitted uses shall not create flammable, explosive, radioactive or other hazardous environments or conditions. Noise, vibration, smoke, dust, odor or other forms of air pollution and electrical or other disturbances, glare or heat or other conditions shall be prohibited if they adversely affect the surrounding area.

§ 275-64 Floodplain Overlay District.

[Amended 4-15-1997 by Ord. No. 97-21; 6-18-2013 by Ord. No. 13-4]

Purpose. The purpose of the Floodplain District is to promote sound management and appropriate use of land subject to periodic flooding; to protect the public health and safety of persons and property against the hazards of flooding; and to ensure the City's compliance with the rules and regulations of the Federal Insurance Administration so as to assure the City's continued eligibility for participation in the National Flood Insurance Program. All development projects, including public and private utilities and facilities, drainage, and infrastructure, must be designed to minimize and reduce exposure to flood damage.

Floodplain District boundaries, base flood elevation and floodway data.

(1)

The Floodplain District is herein established as an overlay district. The district includes all special flood hazard areas within the City of Chicopee designated as Zone A or Zone AE on the Hampden County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Hampden County FIRM that are wholly or partially within the City of Chicopee are panel numbers 25013C0192E, 25013C0194E, 25013C0203E, 25013C0204E, 25013C0208E, 25013C0209E, 25013C0211E, 25013C0212E, 25013C0213E, 25013C0214E, 25013C0216E, 25013C0217E, 25013C0218E, and 25013C0401E, dated July 16, 2013. The exact boundaries of the district may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Hampden County Flood Insurance Study (FIS) report dated July 16, 2013. The FIRM and FIS report are incorporated herein by reference and are on file with the Department of Planning and Development.

(2)

Base flood elevation and floodway data.

(a)

In Zones A and AE along watercourses that have a designated regulatory floodway, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(b)

In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the communities during the occurrence of the base flood discharge.

(c)

Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.

Regulations: existing, uses.

(1)

Existing regulations.

(a)

The Floodplain Overlay District is established as an overlay district to all other districts. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40, and with Subsection C(1)(a)[1] through [4] as follows. Any variance for the provisions and requirements of the below-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

[1]

Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high hazard areas;

[2]

Wetlands Protection Regulations, Department of Environmental Protection (DEP), 310 CMR 10:00;

[3]

Inland Wetlands Regulations, Department of Environmental Protection (DEP), 310 CMR 13:00;

[4]

Minimum Requirements for Subsurface Disposal of Sanitary Sewage, Department of Environmental Protection (DEP), 310 CMR 15, Title 5.

(2)

Use regulations: The following uses shall be permitted within the Floodplain District:

(a)

Conservation of soil, water, plants and wildlife, including wildlife management shelters.

(b)

Outdoor recreation, including but not limited to play areas, nature study, boating, fishing and hunting where otherwise legally permitted.

(c)

Foot, bicycle or horse paths and bridges, provided that such uses do not affect the natural flow pattern of any watercourse.

(d)

Agriculture of all types.

(e)

Forestry, landscaping, lawns and fences.

(f)

Uses allowed in the underlying district, except mobile homes and mobile home parks and subject to the conditions in Subsections D through G.

Building permits. In the Floodplain District, a building permit may be granted for the construction or substantial improvement of any use or structure, subject to the following conditions:

(1)

All new construction, substantial improvement or other development, including fill, is prohibited in the floodway. Boat marinas and other accessory uses to water recreation may be allowed, provided that such construction must not raise the base flood level nor impede the flow of the one-hundred-year flood.

(2)

Any permitted structures and any portable structures, vehicles or vessels which are permitted shall be fully anchored against both flotation and currents.

(3)

When base flood data has not been provided in accordance with Subsection B, the Building Commissioner shall obtain, review and reasonably utilize any base flood elevation data available from federal, state and other sources as criteria for meeting the standards of this section.

No development shall take place in any flood hazard district until all necessary local, state and federal permits have been obtained and evidence of such permits has been submitted to the Building Commissioner.

Utilities.

(1)

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

(2)

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwaters.

(3)

On-site waste disposal systems shall be located to avoid impairment or contamination from them during the flooding.

Site plan approval. The purpose of this review is to determine the viability of projects proposed in flood hazard districts. Viable projects are then subject to all applicable federal, state and local approvals and permits, including but not exclusive of Planning Board Subdivision Regulations and Chicopee City Code § 275-6, site plan review regulations.

(1)

Seven copies of a site plan at a scale of one inch equals 40 feet shall be submitted to the Department of Planning and Development. The site plan shall show the following:

(a)

The location, boundaries and dimensions of each lot.

(b)

Two-foot contours of the existing and proposed land structure.

(c)

The base flood elevation.

(d)

The location of existing and proposed structures, watercourses, drainage easements, means of access, leaching fields, drainage and sewage disposal facilities and other facilities.

(2)

The Department of Planning and Development shall forward a copy of the site plan to the City Engineer, Highway Department, Water Department, Department of Planning and Development, Electric Light Department and Conservation Commission for review. The Building Commissioner shall not take final action on such plan until he has received a report thereon from said Departments and Commissioners or until said Departments and Commissioners have allowed 15 days to elapse after receipt of such plan without submission of a report thereon.

(3)

Records of the actual elevation, in relation to mean sea level, of the lowest floor and/or level of floodproofing, as well as certification of floodproofing, shall be maintained by the Building Commissioner, to be available for public inspection.

(4)

The City Engineer shall provide benchmarks, as needed, when requested by the Building Commissioner.

Alteration of watercourses. Adjacent communities, the Pioneer Valley Planning Commission and appropriate state agencies, including the Massachusetts Department of Conservation and Recreation and Federal Emergency Management Agency (FEMA), Region 1, shall be notified by the Planning Director or Development Manager prior to any alteration or relocation of a watercourse, and evidence of such notification shall be submitted to the Federal Insurance Administration. Such alteration or relocation shall not diminish the flood-carrying capacity of said watercourse.

§ 275-65 Mixed Use MXD District.

[Added 7-6-1989]

General provisions.

(1)

The purpose of the Mixed Use MXD District is to provide for large-scale developments of at least 50 acres gross with flexibility and high standards which are master-planned within the bounds of a district and which require a minimum of three allowable land uses situated in locations favorable to the accommodation of such projects. The district, while originally owned by one entity, may, during development phases, be subdivided into smaller lots for specific uses allowed within this district or for conveyance purposes. Consistent with this purpose, uses in a Mixed Use District shall be subject to the following provisions, in addition to those contained elsewhere in this chapter. In all instances, the requirements of the Chicopee Subdivision Rules and Regulations will be followed.

(2)

Development shall be guided by an approved master plan and through the use of the special permit review process.

(3)

By the use of the public review and planning powers, the provisions of this section also shall be intended to do the following:

(a)

Help create major new residential and mixed-use areas in planned locations at appropriate densities, heights and mixtures of uses.

(b)

Encourage the preservation and rehabilitation of structures of merit in the district.

(c)

Encourage areas devoted primarily to pedestrians by separating pedestrian and vehicular circulation patterns and by requiring off-street parking spaces in accordance with this objective and with the objectives of specific area plans.

(d)

Encourage flexibility in architectural design and building bulk, provided that the designs and building bulk shall be compatible and harmonious with adjoining development over the district as a whole.

(e)

Make recreation areas more accessible to the district's residents and visitors.

(f)

In a variety of ways, create environments conducive to a higher quality of life and environment for residents, businesses, employees and institutions in the City of Chicopee, as specified in the district plans and policies.

(4)

In certain areas, as designated now or in the future by public plans and policies, a mixture of uses and building densities shall be intended to promote and protect the public health, safety, convenience, order, prosperity and general welfare of the community as best accomplished by the MXD District.

(5)

No building or premises shall be used and no building shall be erected or altered that is arranged, intended or designed to be used, except for one or more of the uses listed in Subsection B.

The following uses shall be permitted as a matter of right in the MXD District:

(1)

Dwellings or multiple dwellings.

(2)

Community centers.

(3)

Hotels or inns.

(4)

Churches, synagogues or other places of worship or religious use.

(5)

Offices.

(6)

Private trades, businesses, professional or technical schools or colleges or other educational institutions or uses.

(7)

Private clubs, restaurants or fast-food restaurants, provided that a fast-food restaurant shall not include a drive-through.

(8)

Artist's studio.

(9)

Private or public theaters.

(10)

Recreational buildings or uses.

(11)

Parks or open spaces.

(12)

Municipal government or institutional uses.

(13)

(Reserved)[1]

[1]

Editor's Note: Former Subsection B(13), Day nurseries, nursery schools, kindergartens and day-care centers, was repealed 9-18-2003 by Ord. No. 03-34.

(14)

Outpatient or inpatient hospitals, surgical centers or medical facilities.

(15)

(Reserved)[2]

[2]

Editor's Note: Former Subsection B(15), Nursing homes or congregate-care or life-care facilities, was repealed 1-24-2011 by Ord. No. 11-02.

(16)

Medical office buildings, clinics or testing laboratories.

(17)

Business, commercial or office buildings with or without dwellings above the first floor.

(18)

Light manufacturing, assembly or other light industrial or research operation.

(19)

Warehousing.

The following uses shall be specifically prohibited in the MXD District:

(1)

Outdoor, animal kennels.

(2)

Car washes, as a principal use.

(3)

Chemical manufacturing, storage or distribution.

(4)

Drive-in establishments (any establishment where goods or services are rendered directly to occupants of motor vehicles while in the vehicles).

(5)

Enameling plating or painting (except an artist's studio), as a principal use.

(6)

Material salvage.

(7)

Outdoor advertising or billboards, as a principal use.

(8)

Open outdoor material storage.

(9)

Packing or crating operations, as a principal use.

(10)

Commercial parking lot.

(11)

Gasoline service stations or repair service stations.

(12)

Smelting or rendering.

(13)

Carting, express, moving or hauling terminals or yards, except a cooperative central delivery or pickup system for goods or merchandise solely to serve businesses in the area.

(14)

Any heavy industrial uses.

(15)

Sexually oriented business establishments.

Applications to the MXD are limited to those districts of 50 acres gross or more.

Application process and requirements; concept plan.

(1)

An MXD shall require the issuance of a special permit by the City Council. Procedures for consideration of the special permit application shall be in compliance with those set forth in MGL c. 40A, §§ 9 and 11.

[Amended 9-1-2009]

(2)

Prior to submittal of a formal application and to minimize expense and delay for the developer, the Planning Board requests the presentation of informal drawings of the MXD at a regular meeting of said Board. The Board and the developer may review such pencil sketches and informal drawings, without prejudice, to identify potential areas of concern and agreement. This meeting does not need to be advertised as a formal public hearing.

(3)

An application for a special permit shall be submitted to the City Council, accompanied by 25 copies of the following additional documents:

[Amended 9-1-2009]

(a)

A master plan, conceptual in nature, that explains the purposes, goals and objectives, estimated time of completion and phasing if required.

(b)

A development plan, which shall be functionally equivalent to a preliminary plan under the Planning Board's Subdivision Rules and Regulations.

(c)

A statement and description of the location, amount and intensity of proposed land uses.

(d)

An assessment of on- and off-site pedestrian and traffic patterns relating to the proposed project and general conditions and solutions for any problem areas identified.

(e)

A description of the intended open space areas, to include permanent open space, landscaped areas and environmentally sensitive areas.

(f)

A plan view of the overall project indicating the general location of proposed structures, roads and parking, as well as existing topography, wetlands and any other significant features.

(g)

The proposed locations of buildings and a statement of the proposed uses within the MXD, their location therein and the conformance of such uses with the Zoning Ordinance.

(h)

The identification of wetlands resource areas as defined by MGL c. 131, § 40.

(i)

A description of vegetation, important natural features, stone walls and wildlife habitats.

(j)

A discussion of the type of sewage disposal system, water supply lines and sources, electrical lines and other utilities.

(k)

A discussion of site drainage methods and layout.

(l)

A conceptual discussion of road layout and construction details.

(m)

Where requested by the Planning Board, a traffic impact report prepared by a professional traffic engineer and paid for by the applicant.

(n)

If the MXD does not require subdivision of land, an environmental assessment shall be submitted pursuant to the Subdivision Regulations.

(4)

Nothing in this provision shall be deemed to waive the requirements for submission of a definitive plan for the subdivision of land, where applicable.

Procedural steps. Within five days after receipt of the application for approval of a concept plan, the City Council shall transmit a copy thereof to the Planning Board, Board of Health, Conservation Commission, Public Safety Committee, Building Department, Engineering Department, Department of Public Works and Water Department. The Boards and/or officer shall review the application and submit their comments, in writing, to the City Council within 21 days. Failure of these Boards to comment within the 21 days shall be deemed to be lack of opposition. The City Council shall not take final action until receipt of these comments or said 21 days have elapsed. The City Council shall approve or disapprove the concept plan within 60 days of the receipt of the application for approval. If the Council fails to take action within said sixty-day period, then the concept plan shall be deemed approved by the Council.

[Amended 9-1-2009]

Approval of the special permit. Approval of the special permit will be based upon the following:

(1)

Whether the proposed uses further the objectives of the Mixed Use District.

(2)

The relationship of the proposed uses to other planning considerations for the area and the City of Chicopee as a whole, including the plans, programs and policies of other departments and agencies of the City.

(3)

The impact of the proposed concept plan, including the relationship of different uses on the site.

(4)

Consideration of the traffic to be generated and its impact.

(5)

The location and design of vehicular access and parking facilities.

(6)

The number of parking and loading facilities.

(7)

The treatment of open space.

(8)

The availability of sewer and water capacities.

(9)

The impact on air quality.

(10)

The potential noise from commercial, industrial and traffic sources.

(11)

An assurance that all permits or licenses that may be required by federal, state or local law have been obtained or will be obtained before construction proceeds.

Site plan approval process.

(1)

A site plan submitted for review shall conform to the concept plan for which approval has been issued by the City Council. If the Planning Board determines that a substantial change has occurred in the concept plan, it shall require a new plan for which approval by the City Council must be obtained. A substantial change shall include one or more of the following:

[Amended 9-1-2009]

(a)

An increase of more than 10% in the floor area ratio.

(b)

Changes in proposed use categories or types.

(c)

A location change of any proposed use which, in the opinion of the Planning Board, has a significant impact on the project as master-planned.

(2)

Within five days after receipt of the application by the Planning Department, the Department will forward copies to the City Engineer, Board of Health, Fire Department, Police Department, Conservation Commission, Water Department, Building Commissioner and the Department of Public Works, which shall review and submit comments to the Planning Board. Failure of these Boards to comment within 21 days of the referral of the application shall be deemed to be lack of opposition. Simultaneously, the Department will forward a copy of the application form to the Mayor and the City Council.

[Amended 9-1-2009]

(3)

The Planning Board shall hold a public hearing within 65 days of the receipt of an application and shall take final action within 90 days from the time of hearing, unless an extension is mutually agreed upon by the applicant and the Board. All costs of the notice requirements shall be at the expense of the applicant.

(4)

Any application for use requiring said approval and site plan review shall otherwise conform to the requirements of the site plan review process of the City.

Required site plan contents. All plans submitted for site plan review and approval under this section shall be prepared by qualified professionals, including a registered engineer, registered architect and/or registered landscape architect, and shall include the following items and information:

(1)

A site plan at a scale of one inch equals 20 feet or other scale acceptable to the Planning Board, which indicates, at a minimum, the following:

(a)

The location and boundaries of the district and the location of existing and proposed structures.

(b)

The existing and proposed topography, including contours and the location of wetlands, streams, water bodies, drainage swales, areas subject to flooding, easements and unique natural land features.

(c)

The existing and proposed location of water, storm and sanitary sewer systems and other public utilities on and adjacent to the site.

(d)

The location of parking and loading areas, driveways, walkways and access and egress points.

(e)

The location, dimensions, height and characteristics of proposed signs and lighting.

(f)

The location of proposed open space or recreation areas.

(g)

An indication of all yard requirements.

(h)

Any plans for phasing of the development.

(2)

A landscape plan showing the limits of work, existing tree lines and all proposed landscape features and improvements, including planting areas with size and type of vegetation.

(3)

A locus plan showing the entire project and its relation to existing areas, buildings and roads for a distance of 1/4 mile from the project boundaries or such other distance as may be approved by the Planning Board.

(4)

Building elevations at the scale of 1/8 inch or 1/4 inch equals one floor or perspective drawings, showing typical elevations.

(5)

A brief accompanying report which:

(a)

Summarizes the content of the detailed site plans and development phasing.

(b)

Highlights key development constraints and issues requiring resolution and/or mitigation.

(c)

Shows the intended methods of open space protection.

Site plan review criteria shall include:

(1)

Evidence that the development will be integrated into the existing terrain and surrounding landscape and shall be designed to protect abutting properties and community amenities.

(2)

Evidence that the development will be served with adequate parking, drainage, water supply and waste disposal systems.

(3)

Evidence of adequate parking and vehicular and pedestrian movement within the site and in relation to adjacent ways.

(4)

Assurance that outdoor lighting, including lighting on the exterior of a building or lighting in parking areas, is arranged to minimize glare and light spillover to neighboring properties.

Modifications. Before approval of a site plan, the Council may request the applicant to make modifications in the proposed design of the project to ensure that the above criteria are met.

[Amended 9-1-2009]

Final action. The Planning Board's final action shall consist of either approval or disapproval. Prior to granting approval or disapproval, the Planning Board shall make a written finding with documentation supporting its final decision. Upon rendering a decision, the Planning Board shall forward a copy of said decision to the City Clerk, Building Commissioner, Mayor and City Council.

[Amended 9-1-2009]

Use restrictions.

(1)

Commercial and office uses.

(a)

Business and professional offices may include multiple uses or a unitary corporate user within a single structure.

(b)

Ancillary commercial uses are permitted within a single office building as long as they are wholly contained within the office structure and are predominantly intended to service the employees or businesses in the structure. Such uses may include but are not limited to a snack bar, convenience store, eating/drinking establishment, branch bank and/or automated teller station, barber- or beauty shop, travel agency and newsstand. Further restrictions are as follows:

	Size of Office Building (gross square feet)	Ancillary Commercial Uses (maximum percentage)
	Up to 120,000	20
	Greater than 120,000	10

(2)

Hotels. Permitted ancillary facilities are conference meeting rooms, restaurants, lounges, small specialty or convenience shops and health clubs or other indoor recreation facilities.

(3)

Residential uses.

(a)

Attached row houses (townhouses) shall not contain more than 10 dwelling units per structure.

(b)

No other multifamily structure shall contain more than 50 dwelling units.

[Amended 1-24-2011 by Ord. No. 11-02]

(c)

A mix of single, duplex, townhouse and multifamily housing, each in a defined and approved area, is permitted, provided that the maximum of any one of the above categories is no more than 40% of the total residential use. In the case where there are two housing types, the maximum of one type is 60% of the total residential use.

(4)

Light industrial uses. Any industrial use shall be entirely contained within its own structure which shall be separate from any other structure. No outdoor storage of materials or products shall be permitted.

(5)

Retail and service businesses, commercial complex.

(a)

A commercial complex is a retail and service center of the MXD that is wholly contained within one or several contiguous buildings.

(b)

The gross square footage of all retail and service businesses will not exceed 5% of the gross square footage of the entire district.

(c)

All retail and service buildings will be located in a commercial complex with the exception of those described in Subsection M(1)(b).

(d)

The allowed uses in the commercial complex are:

[1]

Retail stores for merchandise but not for auto or truck sales or service.

[2]

Stationery or office supply stores.

[3]

Barber- or beauty shops.

[4]

Laundries.

[5]

Convenience food stores.

Shoe repair shops.

Bookstores.

Pharmacies.

Newsstands.

Eating or drinking establishments (nonfreestanding).

[11]

Government post offices.

[12]

Storefront medical clinics.

[13]

Travel agencies.

[14]

Other businesses of similar nature and scale.

[15]

Branch banks.

(e)

All residential units in the commercial complex are to be sited above the ground floor in a penthouse configuration.

(f)

Residential units in the commercial complex shall not exceed 50% of the total square footage in the commercial complex.

(6)

Churches and synagogues. Freestanding churches, synagogues or other houses of worship are allowed, provided that they have adequate off-street parking and a landscape buffer between their location and all surrounding uses.

(7)

Accessory uses. Accessory structures customarily incidental and subordinate to the principal uses identified in Subsection B shall be permitted.

Overall dimension requirements.

(1)

The minimum district size is 50 acres gross.

(2)

The maximum floor area ratio for the entire district is 30%.

(3)

The maximum district coverage (buildings, parking areas, drives, roads and accessory structures) is 50%.

(4)

The district setback shall comply with the City's Subdivision Regulations for the use in question.

(5)

The maximum total impervious lot coverage will be in accordance with the following:

(a)

Residential: 40%.

(b)

Nonresidential: 80%.

(6)

The minimum lot size (when subdivided) will be as follows:

(a)

Nonresidential: two acres.

(b)

Single-family: 10,000 square feet.

(c)

Duplex: 10,000 square feet.

(d)

Any housing complex of 50 units or more will be allowed on 7,500 square feet per lot, provided that an equal amount of open space is provided contiguous to the complex and will remain open in perpetuity. Said open space will be configured so that its primary purpose is the recreational use for those persons in the complex.

(7)

The maximum units per acre for multifamily units is 20 dwelling units per acre.

(8)

Individual lot requirements shall be as follows:

Use	Maximum Height (feet)	Minimum Frontage on a Way (feet)	Minimum Setback (feet)	Minimum Side Yard (feet)	Minimum Rear Yard (feet)
Office	40	150	50	20	25
Hotel	40	150	35	20	25
Light industrial	40	200	50	20	25
Retail and service	40	150	30	20	25
Laboratory or testing, office, educational or training facility	40	150	30	20	25
Single-family, duplex and townhouses	35	100	25	15	25¹
Multifamily	40	100	25	20	25¹
Parking structure	40	150	30	20	20
Recreational structure	35	100	30	20	20
Church (not including steeple)	35	150	30	30	30
Accessory uses	35	N/A	N/A	6	6

NOTES:

¹Porches and decks may extend 10 feet into the permitted setback.

(9)

The distance between principal buildings shall be as follows:

(a)

Minimum distance set forth below or 1/2 the height of the structure, whichever is greater.

[1]

Nonresidential: 40 feet minimum.

[2]

Residential.

[a]

Single, duplex and townhouse: 25 feet minimum.

[b]

Multifamily: 35 feet minimum.

[3]

Accessory uses: no minimum distance required.

(b)

There shall be no minimum distance required between existing structures in a Mixed Use District.

(10)

Off-street parking and loading requirements.

(a)

Indoor recreation facilities shall have one parking space for every 10 members.

(b)

Townhouse complexes and multifamily structures shall have 2.0 parking spaces per unit. Congregate-care or life-care facilities shall have one parking space per two units.

(c)

The parking bay size is 8 1/2 feet by 18 feet except in lots or structures containing more than 50 cars, in which case up to 50% of the spaces may be eight feet by 16 feet to accommodate smaller cars.

(d)

Commercial/retail facilities shall have one parking space per 250 square feet of public use.

(11)

Signage. The City's signage requirements shall apply.

[Added 4-15-1997 by Ord. No. 97-21]

§ 275-66 Burnett Road.

[Added 7-6-1999 by Ord. No. 99-79; amended 6-17-2008 by Ord. No. 08-18; 9-1-2009; 9-16-2014 by Ord. No. 14-21; 8-4-2015 by Ord. No. 15-40; 6-20-2017 by Ord. No. 17-31; 6-18-2019 by Ord. No. 19-37; 7-6-2021 by Ord. No. 21-36; 5-17-2022 by Ord. No. 22-13; 9-5-2023 by Ord. No. 23-42; 2-6-2024 by Ord. No. 24-68; 10-1-2024 by Ord. No. 24-79]

The purpose of this section is to regulate new development on Burnett Road and appurtenant streets due to the negative impact of increasing traffic and until such time as the City takes measures to manage traffic in the area.

No further business, commercial or industrial development shall occur on Burnett Road from the Ludlow/Chicopee line to the intersection of New Lombard Road and Burnett Road and any appurtenant street for a period of one year commencing on April 1, 2024, and terminating on April 1, 2025, except by special permit.

In addition to the special permit submission requirements of Chicopee City Code § 275-9, all special permit applications shall be accompanied by a traffic study or Transportation Impact Assessment or any other such report whose official name may be changed by the Massachusetts Department of Transportation.

§ 275-67 Mill Conversion and Commercial Center Overlay District.

[Added 8-3-2004 by Ord. No. 04-74; amended 9-1-2009; 9-21-2017 by Ord. No. 17-39]

Purpose. The purpose of the Mill Conversion and Commercial Center Overlay District is to promote the economic health and vitality of the City by encouraging the preservation, reuse and renovation of underutilized or abandoned industrial properties and commercial centers through mixed-use development that includes compatible industrial, commercial, municipal, and residential uses.

Designated districts. Riverfront Redevelopment District, adopted 2004. A map of the district is on file in the City Clerk's office, and it is also identified on the Zoning Maps available in the Building Department and the Department of Planning and Development.

Applicability. The Mill Conversion and Commercial Center Overlay District may be superimposed over any other district established in this chapter, subject to an approved zone change in accordance with the provisions of Chicopee City Code, § 275-14. Land in the overlay district may be used for any purpose permitted in the underlying district and is subject to the underlying district restrictions. Exercise of Mill Conversion and Commercial Center Overlay District regulations is subject to a special permit from the City Council in accordance with Chicopee City Code, §§ 275-9 through 275-13, and the additional submission requirements described in this section. All aspects of the project, including authorized uses, building occupancy, and intensity of use, shall remain in substantial conformance with the plans and other documents submitted to the City Council as part of the special permit proceeding, unless modification of the special permit is authorized, after public hearing, by the City Council. Wherever there is a conflict between the underlying zoning district regulations and the overlay district regulations, the overlay district regulations shall prevail.

Review Committee.

(1)

A review committee, hereby Overlay District Review Committee, shall be established to meet with developers prior to application for an overlay district or mill conversion or commercial center revitalization project within an established overlay district and to provide recommendations to the City Council for overlay district zone change and special permit applications.

(2)

The Overlay District Review Committee shall consist of representatives from the following:

(a)

Site Plan Review Advisory Committee, which includes representatives from the following departments: Building, CEL (Chicopee Electric Light), Conservation, Fire, Health, Planning and Development, Police, Public Works (Highway, Engineering, Waste Water), and Water.

(b)

Office of Community Development.

(c)

School Department.

(d)

Assessor's Office.

(e)

Commission on Disability.[1]

[1]

Editor's Note: The name of this Commission was changed 9-21-2017 by Ord. No. 17-38.

(f)

Member(s) of the City Council, and any other City department, board, commission or agency representative requested by the City Council.

Permitted uses:

(1)

Within an overlay district, there shall be no restriction on combining different categories of use within the same building, inclusive of multifamily and assisted living residences with associated programming, except any imposed by the State Building Code or other federal or state regulations.

(2)

Multifamily or assisted living residences with associated programming individually or in conjunction with one or more of the uses permitted in the underlying district.

(3)

Residential uses combined with studios with an emphasis on arts and crafts.

Application procedure for establishing an overlay district. An overlay zone is a type of zoning district. To establish an overlay district zone, apply for a zone change in accordance with Chicopee City Code, § 275-14.

Application procedure for an overlay district project. An overlay district project takes place within a designated overlay district zone, subject to a special permit granted by the City Council.

(1)

Preapplication. The applicant is required to attend a preapplication review with the Overlay District Review Committee. Preapplication review meetings with the developer and representatives cited above will be coordinated by the Department of Planning and Development. The purpose of a preapplication review is to introduce the developer to the municipal staff members who will be reviewing the project and exchange information about the site and surrounds that may be applicable to the success of the project. This meeting is intended to save time for the developer and the City. At this time the City may also determine if the scope of the project will warrant, at the expense of the applicant, a registered professional engineer or other professional consultant(s) to advise the City Council on any aspect of the application. At the preapplication review, the applicant may outline the proposed project and seek preliminary feedback from the City. No formal filings are required for the preapplication review; however, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Overlay District Review Committee of the scale and overall design of the proposed project.

(2)

Application. The City Council's authority to review special permits is established in Chicopee City Code, § 275-9. Special permit applications under this section shall also include the following:

(a)

Number of copies: One original and 17 copies of a special permit application form available from the Department of Planning and Development shall be submitted to the City Council.

(b)

Fees:

[1]

A nonrefundable special permit filing fee.

[2]

Engineering and/or consultant fee. If it has been predetermined that an engineering review fee shall be required, the applicant shall submit an engineering review fee in accordance with the City Council Fee Schedule. The unexpended balance of the engineering review fee shall be returned to the applicant within 30 days from issuance of approval or disapproval. To the extent that the engineering review fee shall prove insufficient to pay for the evaluation and review of the site plan by independent technical experts, the charges, if any, shall be billed to the applicant. The applicant shall pay all invoices submitted by the City Council within 30 days.

(c)

Plans required:

[1]

Site plan and all supporting documents as set forth in Chicopee City Code, § 275-6.

[2]

Special features plan, showing vegetation, wetlands, perennial streams and ponds, waterways, waterfalls, canals and dams, trees of more than six-inch caliper, rock outcroppings, slopes in excess of 25%, existing and proposed trails and paths, open vistas, structures of historical importance, wildlife habitats, and proposed conservation and recreation areas.

[3]

Preliminary landscaping and architectural design, showing type, location and layout of buildings, typical elevations, as well as the general height, bulk and appearance of structures, inclusive of any accessory uses. Perspective drawings may be subsequently required by the City Council.

[4]

Exterior lighting plan, showing existing and proposed exterior lighting, including building and ground lighting, locations, supports, mounting heights, and orientation.

[5]

Floor plan to scale for each floor of each building, indicating, if applicable, number of units; number of bedrooms; and proposed use of floor space.

(d)

Narrative report shall be submitted, including the following components:

[1]

Project summary.

[2]

Proposed development schedule.

[3]

Historical narrative prepared by a preservation consultant that includes the significance of the site, architecture and any important associated events or persons.

[4]

Details of erosion and sedimentation controls during and after construction.

[5]

Subsurface soil and water conditions that impact the project and methods to be used to overcome them.

[6]

Traffic impact study.

[7]

Impact to public sewer system.

[8]

Impacts to City water supply and distribution system.

[9]

Impacts to municipal and governmental services, including schools.

[10]

Projected net tax and other revenues over anticipated municipal costs should be submitted to estimate the total fiscal impact of the proposed project upon City resources.

[11]

Information pertaining to any organization which the applicant proposes to form, where the development is to be a condominium or other ownership organization.

[12]

Copies of all proposed covenants, easements, and other restrictions which the applicant proposes to grant to the City.

[13]

Other information that the City Council may reasonably require to assist in determining whether the applicant's proposed development plan meets the objectives of this section.

Waiver. Waiver of application requirements: The City Council may waive the submission of technical information or documents where the applicant demonstrates that, due to the simplicity of the proposal, such information is not necessary for or applicable to the City Council's decision pursuant to this section.

Review procedure.

(1)

Copies of applications, plans and supporting materials shall be distributed to the Overlay District Review Committee. Reviewers shall submit written recommendations to the City Council within 14 days of receiving the special permit application. Failure to submit written comments to the City Council within the designated time may be deemed a lack of opposition thereto.

(2)

The City Council shall hold a public hearing, for which notice is given in accordance with Chicopee City Code, § 275-9, within 65 days of receiving the complete application. Hearing and decision dates may be extended at the applicant's written request.

Any new building or new accessory use (not approved under the original special permit) shall be constructed within a project except by special permit and in accordance with Chicopee City Code, § 275-6.

Standards for project submission and review.

(1)

Landscaping requirements.

(a)

Ornamental and shade trees are the preferred landscaping element for ease of maintenance, permanency, and contribution to environmental quality. Native trees and shrubs are encouraged because they are adapted to the region and support native wildlife. Guidelines for trees and shrubs suitable for Chicopee's urban environment are available in the Department of Planning and Development.

(b)

Screening of mechanical equipment, trash, and loading areas shall be provided through the use of walls, fences, and/or dense evergreen plant materials.

(c)

Berms may be used for screening along the street in conjunction with plant materials, if they do not compromise traffic or pedestrian safety.

(d)

Landscaping shall be provided for interior vehicular use areas to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular traffic.

(e)

The use of porous pavement and/or perforated brick or block shall be used to the extent feasible to increase on-site water retention for plant material and groundwater supplies and to reduce problems associated with runoff.

(f)

Completion of the landscaping requirements may be postponed due to seasonal weather conditions for a period not to exceed six months from the time of project completion.

(g)

Landscaping and screening plant materials shall not encroach on the public walkways or roadways in a way that impedes pedestrian or vehicular traffic.

(h)

Shrubs or trees shall be maintained in a healthy condition or shall be replaced within one growing season.

(2)

Access. The principal roadway(s) within the site shall be adequate for the intended use and vehicular traffic and shall be privately maintained. There shall be sufficient site access for public safety vehicles. Buildings that do not have frontage on a street must provide access for emergency and service vehicles through the layout and design of driveways and interior service roads.

(3)

Parking.

(a)

Number of spaces. The applicant shall provide adequate parking to serve all anticipated uses on the property. The minimum number of parking spaces shall be computed using the parking requirements in Chicopee City Code, § 275-40. Where there is more than one category of use, then the number of spaces required shall be 70% of the sum of required spaces for each category of use.

(b)

Shared parking. The City Council may allow a reduction of the required number of spaces by up to 50% if it can be demonstrated that two or more uses within a single development can share parking spaces. In determining the appropriate reduction, the City Council may give consideration to the hours of operation and/or usage of the proposed uses within the development, the opinions of merchants, residents and municipal officials as to the adequacy of parking spaces within the surrounding area, as well as other relevant information. Parking spaces may be located either on or off the site. The applicant must show proof of space and indicate if the space is owned or leased.

(c)

Parking stall dimensions. A standard parking stall is nine feet by 18 feet. The City Council may allow smaller spaces if they are demonstrated to be safe and functional.

(d)

Parking areas shall be screened from view from adjacent residentially zoned or occupied premises located outside the site, including public ways.

(e)

Parking lots shall be located to the rear or side of all buildings and shall not be located in front setbacks or in buffer areas.

(f)

In parking areas of 30 or more parking stalls, at least one shade tree of 2.5 inches or greater caliper complemented by shrubs and other planting material shall be planted for every 10 parking spaces. Adequate tree wells and irrigation shall be provided for all parking lot landscaping.

(g)

Pedestrian access is to be taken into consideration in parking lot design. The use of separate walkways is encouraged.

(h)

Paving. Paving shall be textured or of different materials at pedestrian crossings and walkways. The use of stone, brick or cultured stone pavers for entrance walkway borders is encouraged. The use of textured materials for walkway borders is encouraged.

(4)

Paths. The City Council may require paths which shall be attractively designed with proper regard for convenience, separation of vehicular, bicycle and pedestrian traffic, adequate connectivity, completeness of access to the various amenities and facilities on the site and to pathways or sidewalks to adjacent sites.

(5)

Emergency systems. The project shall have an integrated emergency call and/or telephone and/or other communications system for its residents and/or other tenants.

(6)

Appearance/architectural design. New construction: Architectural design shall be compatible with the historic character and scale of building in the neighborhood through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques.

(7)

Noise, vibration, smoke, heat, glare, and odor. No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes, odor, noise, vibration or excessive light, under standards set forth in the performance criteria in this chapter.

(a)

Noise.

[1]

Residential units shall be constructed so that interior noise levels do not exceed an LDN of 45 dB in any habitable room.

[2]

Commercial uses shall be designed and operated so that neighboring residents are not exposed to offensive noise, especially from traffic or late-night activity.

[3]

Common walls between residential and nonresidential uses shall be constructed to minimize the transmission of noise and vibration.

(b)

Vibration shall not be discernible to any human's sense of feeling for three minutes in any one hour for a total of 15 minutes in any one day, or producing an acceleration of more than 0.1G.

(c)

Smoke shall not be visible beyond a shade darker than No. 1 on the Ringelmann Smoke Chart.

(d)

Heat and glare shall not be discernible from the outside of any structure.

(e)

Odor, dust, and fumes shall be effectively confined to the premises or so disposed as to avoid air pollution.

(8)

Lighting. Lighting of the site shall be adequate at ground level for the protection and safety of the public in regard to parking lots, pedestrian and vehicular circulation. The glare from the installation of outdoor lights and illuminated signs shall be contained on the property and shall be shielded from abutting properties. Lighting structures shall be integrated with the site and surrounding uses.

(9)

Density.

(a)

The City Council shall approve the number of proposed dwelling units upon consideration of impacts to City schools and services, traffic, adequacy of the site, and reports from the engineering or technical consultants employed by the City Council, the Overlay District Review Committee and any other department, board or commission from whom the City Council requests a report.

(b)

Number of bedrooms. The City Council may ensure the diversification of dwelling units within a project by establishing the number of dwelling units with one, two, or three or more bedrooms. Not more than 10% of the dwelling units in any project shall consist of three or more bedrooms.

Action by the City Council. The City Council may grant a special permit for a project if it determines that the proposed project complies with the requirements of this section. The City Council shall consider the following when making its determination:

(1)

Degree to which the proposed project complies with the performance standards set forth in this section;

(2)

Suitability of the site for the proposed use(s);

(3)

Social, economic or community needs which are served by the proposal;

(4)

Impact on traffic and pedestrian flow and safety;

(5)

Adequacy of utilities and other public services;

(6)

Impact on the neighborhood visual character;

(7)

Impact on the natural environment;

(8)

Potential fiscal impact, including impact on City services, tax base and employment; and

(9)

Special permit evaluation criteria as set forth in Chicopee City Code, § 275-9.

§ 275-68 Chicopee Center 40R Smart Growth Overlay District (CC40R).

[Added 8-3-2010 by Ord. No. 10-33]

Part 1: General provisions.

(1)

Purposes. The purposes of the Chicopee 40R Smart Growth Overlay District are:

(a)

To provide an opportunity for residential and mixed-use development, including both new construction and renovation of existing buildings, within a distinctive, attractive and livable environment that supports the commercial revitalization of Chicopee Center.

(b)

To promote continuing development and redevelopment in Chicopee Center that is pedestrian friendly and consistent with Chicopee history and architecture.

(c)

To ensure high quality site planning, architecture and landscape design that enhances the distinct visual character and identity of Chicopee Center, by providing the environment with safety, convenience and amenities.

(d)

To provide for a diversified housing stock at a variety of costs within walking distance of services and public transportation, including affordable housing, and in housing types that meet the needs of the City's population.

(e)

To generate positive tax revenue, and to benefit from the financial incentives provided by MGL Chapter 40R, while providing the opportunity for new business growth and additional local jobs.

(2)

Definitions. As used in this section, the following terms shall have the meanings set forth below:

AA-APPROVING AUTHORITY

The City Council acting as the authority authorized to conduct the approval process for purposes of reviewing project applications and issuing plan approval decisions within the CC40R.

AFFORDABLE HOMEOWNERSHIP UNIT

An affordable housing unit required to be sold to an eligible household per the requirements of Subsection A(8) of this section.

AFFORDABLE HOUSING

Housing that is affordable to and occupied by eligible households.

AFFORDABLE HOUSING RESTRICTION

A deed restriction of an affordable unit meeting statutory requirements in MGL c. 184, § 31, and the requirements included in Subsection A(8) of this section.

AFFORDABLE RENTAL UNIT

An affordable housing unit required to be rented to an eligible household per the requirements included in Subsection A(8) of this section.

AFFORDABLE UNIT

The collective reference to affordable homeownership units and affordable rental units.

ANNUAL UPDATE

A list of all approved and currently proposed Smart Growth Districts within the City of Chicopee, to be filed on or before July 31 of each year with the Massachusetts Department of Housing and Community Development pursuant to MGL c. 40R and applicable regulations.

APPLICANT

An individual or entity that files a site plan for a development project subject to the provisions of the Smart Growth District.

AS-OF-RIGHT DEVELOPMENT

A development project allowable under this section without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A development project that is subject to the site plan review requirement of this section shall be considered an as-of-right development.

BUSINESS SERVICES

Services used in the conducting of business and commerce, including but not limited to consumer and mercantile credit reporting; news services; research, development and testing; business management and consulting; equipment rental; photo finishing; and automotive rental and distribution services.

CC40R

The Chicopee Center Smart Growth Overlay District.

CHARITABLE INSTITUTIONS

Nonprofit organizations established under MGL c. 180.

COMMON OWNERSHIP

Two or more contiguous or noncontiguous lots within the CC40R shall be deemed to be in common ownership if majority control of each is held by a common entity.

COMMUNICATIONS

Exchanges and stations used for the transmittal and relay of electronic communication messages, including but not limited to facilities for telephone, telegraph, radio, television and cable television, excluding wireless communications services.

DEPARTMENT or DHCD

The Massachusetts Department of Housing and Community Development, or any successor agency.

DESIGN STANDARDS AND GUIDELINES

Subsection A(17) of this section is applicable to all development projects within the CC40R that are subject to site plan review by the approving authority.

DEVELOPMENT PROJECT

A residential, nonresidential or mixed-use development undertaken pursuant to this section, including the construction, reconstruction, conversion, alteration, relocation, enlargement or substantial rehabilitation of any structure(s) or building(s) on a lot or lots within the CC40R.

DWELLING UNIT

One or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit with cooking, living sanitary and sleeping facilities. The following types of dwelling units are specifically defined:

(a)

SINGLE-FAMILYA residential dwelling unit, other than a mobile home, designed for occupancy by one family only.

(b)

TWO-FAMILYA residential building containing two dwelling units, designed for occupancy by not more than two families.

(c)

THREE-FAMILYA residential building containing three dwelling units, designed for occupancy by not more than three families.

(d)

MULTIFAMILYA residential building containing four or more dwelling units.

EATING AND DRINKING PLACES

A building used for the serving of food and/or drink for consumption on the premises.

EDUCATIONAL SERVICES

Privately owned and operated facilities for instruction and education, including but not limited to nursery schools, colleges and professional schools, vocational and business schools and art, dancing and driving schools. It does not include day-care centers.

ELIGIBLE HOUSEHOLD

An individual or household whose annual income is below 80% of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets.

ENABLING LAWS

MGL Chapter 40R and 760 CMR 59.00.

ENTERTAINMENT ASSEMBLY

Theaters and other indoor places of assembly used for entertainment and recreational activities.

FAMILY

One or more persons occupying a dwelling unit as a single household, provided that domestic employees may be housed on the premises without being counted as a family or families.

FINANCE, INSURANCE and REAL ESTATE

Services associated with financial and investment needs, including but not limited to banking services, security and commodity brokers, insurance and real estate services.

GOVERNMENTAL SERVICES

Structures, services, utilities, parks, playgrounds and offices commonly associated with the operation of government.

HOTEL or MOTEL

Any building or group of buildings that provides sleeping accommodations for transient motorists and which is not licensed as a lodging house.

HOUSEHOLD INCOME, MEDIAN

The median income, adjusted for household size, as reported by the most recent information from, or calculated from regulations promulgated by, the United States Department of Housing and Urban Development (HUD).

INDUSTRIAL USES

Uses involving the processing, assembly and fabrication of materials.

INSTITUTIONAL USE

A nonprofit or quasi-public use or institution, such as a church, library, public or private school, hospital, or municipally owned or operated building, structure or land, used for public purpose.

MAJOR PROJECT

Any development project other than individual single-, two- and three-family residential.

MINOR PROJECT

A residential project limited to an individual single-, two- or three-family structure.

MIXED-USE DEVELOPMENT PROJECT

A project containing a mix of residential uses and nonresidential uses, as allowed in Subsection A(7)(b), and subject to all applicable provisions of this section.

MONITORING AGENT

Chicopee Office of Community Development is designated to review and implement the affordability requirements for projects approved in accordance with this section.

MUNICIPAL FACILITIES

Facilities utilized in the provision of services normally provided by municipalities, such as schools, parks, playgrounds, municipal office buildings, maintenance buildings and City-run utilities.

NONRESIDENTIAL USE

Office, retail, restaurant or institutional use, inclusive, or some combination of the same, not located within a mixed-use development project.

OFFICE

A place for the regular performance of business transactions and services, generally intended for administrative, professional and clerical activities, including a medical or dental office or health clinic.

PERSONAL SERVICES

Consumer-oriented services, including but not limited to laundering and dry cleaning; photographic services; beauty and barber; apparel repair, alteration and cleaning; and shoe repair.

PROFESSIONAL SERVICES

Services performed by professional persons for business and personal use, including but not limited to medical and health; planning, engineering and architectural; accounting, auditing and bookkeeping; and educational and scientific.

PROJECT

A residential project or mixed-use development project undertaken within the CC40R in accordance with the requirements of this section.

REPAIR SERVICES

Repair of items used or useful in residential structures.

RESIDENTIAL PROJECT

A project that consists solely of residential uses and any applicable ancillary parking and accessory uses and that is further defined in Subsection A(7)(a).

RETAIL

Business establishments selling goods and/or services to customers on site, generally for personal, business or household consumption. A reasonable amount of storage of said goods shall also be assumed to be an integral part of retail use.

RETAIL TRADE

The sale of goods to consumers, including but not limited to the sale of building materials, general merchandise, food, automotive supplies, apparel, furniture, home furnishings, pharmaceuticals, liquor, stationery and books, sporting goods, garden supplies and jewelry.

SITE PLAN

A plan depicting a proposed development project for all or a portion of the Smart Growth District and which is submitted to the AA for its review and approval.

SITE PLAN APPROVAL

The AA's authorization for a proposed development project based on a finding of compliance with this section and design standards after conducting a site plan review.

SITE PLAN REVIEW

The review procedure established by this section and administered by the City Council of the City of Chicopee as the AA.

SMART GROWTH DISTRICT

An overlay zoning district adopted pursuant to MGL c. 40R, in accordance with the procedures for zoning adoption and amendment as set forth in MGL c. 40A and approved by the Department of Housing and Community Development pursuant to MGL c. 40R and applicable regulations.

SPORTS ASSEMBLY

Stadiums, arenas, racetracks and other facilities used for the viewing of sporting entertainment events.

SUBDISTRICT

A specific and defined area of land within the CC40R that is subject to specific requirements for allowable uses or dimensional requirements that may differ from the requirements for allowable uses or dimensional requirements in other specific and defined areas within the CC40R.

UNDERLYING ZONING

The zoning requirements adopted pursuant to MGL c. 40A that are otherwise applicable to the geographic area in which the CC40R is located, as said requirements may be amended from time to time.

UNDULY RESTRICT

A provision of a Smart Growth District or a design standard that adds unreasonable costs or unreasonably impairs the economic feasibility of proposed development projects in a Smart Growth District.

UNRESTRICTED UNIT

A dwelling unit that is not restricted as to rent, price or eligibility of occupants.

USE, ACCESSORY

A use subordinate to the principal use on the same lot or in the same structure and serving a purpose customarily incidental to the principal use, and which does not, in effect, constitute conversion of the principal use of the lot, site or structure to a use not otherwise permitted in the Smart Growth District. Accessory uses are permitted or prohibited in the Smart Growth District to the same extent as if such uses were principal uses.

USE, PRINCIPAL

The main or primary purpose for which a structure, building, or lot is designed, arranged, licensed, or intended, or for which it may be used, occupied, or maintained under this section.

USE, SECONDARY

A use located on the same lot as a principal use but which is of equal or lesser scale, impact, and visibility than the principal use. A secondary use is not an accessory use, as it is largely independent from the principal use.

WHOLESALE

The sale of goods in quantity, as to retailers or jobbers, for resale.

ZONING ORDINANCE

The Zoning Ordinance of the City of Chicopee, Chapter 275 of the Chicopee City Code.

(3)

Establishment and delineation of Smart Growth Overlay District and subdistricts. The Chicopee Center 40R Smart Growth Overlay District, hereinafter referred to as the "CC40R," is an overlay district having a land area of approximately 26 acres in size that is superimposed over underlying zoning districts. Within the CC40R, there are two subdistricts identified as Cabotville and Exchange. The boundaries of the 40R District and the subdistricts are delineated on a zoning map titled "CC40R Boundary, Parcel and Subdistrict Map," dated August 3, 2010, prepared by the Chicopee Department of Planning and Development. This map is hereby made a part of this chapter and is on file in the office of the City Clerk.

(4)

Applicability. The Chicopee Center Smart Growth Overlay District is established pursuant to the authority of MGL c. 40R and applicable regulations, and shall be deemed to overlay the parcels as shown on the Zoning Map of the City of Chicopee, as amended. The projects proceeding under this section shall be governed solely by the provisions of this section and shall be deemed exempt from the standards and/or procedures of the underlying zoning, including any rate limitations or moratoriums placed on the issuance of residential building permits.

(5)

Underlying zoning. The CC40R is an overlay district superimposed on all underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the underlying zoning district(s) shall remain in full force, except for those development projects undergoing development pursuant to this section. Within the boundaries of the CC40R, a developer may elect either to develop a project in accordance with the requirements of the Smart Growth Zoning, or to develop a project in accordance with requirements of the regulations for use, dimension, and all other provisions of the Zoning Ordinances governing the underlying zoning district(s).

(6)

Administration, enforcement, and appeals. The provisions of this section shall be administered by the Building Commissioner, except as otherwise provided herein. Any legal appeal arising out of a plan approval decision by the AA under Subsection A(9) and (10) shall be governed by the applicable provisions of MGL Chapter 40R. Any other request for enforcement or appeal arising under this section shall be governed by the applicable provisions of MGL Chapter 40A.

(7)

Permitted uses. The following uses shall be permitted in the CC40R as-of-right upon site plan approval pursuant to the provisions of this section.

(a)

Residential projects. A residential project within the CC40R may include:

[1]

Single-family, two- and three-family, and/or multifamily dwellings;

[2]

Parking accessory to any of the above permitted uses, including surface, garage-under and structured parking (e.g., parking garages); and

[3]

Accessory uses customarily incidental to any of the above permitted uses. These uses are allowed subject to subdistrict restrictions.

(b)

Mixed-use development projects. A mixed-use development project within the CC40R may include:

[1]

Single-family, two- and three-family, and/or multifamily dwelling(s), provided that the allowable as-of-right density requirements for residential use specified in this section shall apply to the residential portion of any mixed-use development project. These uses are allowed subject to subdistrict restrictions.

[2]

Any of the following uses, provided the total gross floor area devoted to these uses within a mixed-use development project shall not exceed 50% of the total gross floor area of the project.

[3]

Nonresidential uses allowed subject to subdistrict restrictions:

[a]

Accessory uses.

[b]

Automobile parking.

[c]

Business and professional services.

[d]

Communications.

[e]

Educational services.

[f]

Eating and drinking places with or without the consumption of alcohol and with or without live entertainment.

[g]

Entertainment assembly.

[h]

Finance, insurance and real estate.

[i]

Hotels and motels.

[j]

Personal services.

[k]

Professional services.

[l]

Repair services other than for automobiles and trucks.

[m]

Retail trade with or without outdoor storage.

[n]

Charitable institutions.

[o]

Wholesale.

[p]

Industrial uses – only if approved by the AA.

[4]

Parking accessory to any of the above permitted uses, including surface, garage-under, and structured parking (e.g., parking garages).

(c)

Permitted uses by subdistrict.

[Amended 11-16-2010 by Ord. No. 10-56]

Table A
Permitted Uses by Subdistrict
	Dwelling Units, Single-Family, Detached	Dwelling Units, Two-Family	Dwelling Units, Three-Family	Dwelling Units, Multifamily	Mixed-Use Development Projects
Cabotville				X	X
Exchange	X	X	X	X	X

(d)

Prohibited uses.

[1]

Any other use dangerous to persons within or outside the CC40R by reason of emission of odor, fumes, gases, particulate matter, smoke, noise, vibration, glare, radiation, electrical interference, and threat of fire or explosion. Such uses include, but are not limited to, manufacture of acids, gases, fertilizers, and glue, petroleum refining, reduction of animal matter, and manufacture of cement, gypsum, and explosives.

[2]

Any use not listed as a permitted use cannot be approved under the terms of this section.

(e)

Regulated uses.

[1]

Drive-through windows. Any development proposal including a drive-through window shall include documentation that traffic entering and exiting the facility can do so without endangering other vehicle traffic safety, pedestrian safety or discouraging pedestrian activity in that location.

(8)

Housing and housing affordability.

(a)

Minimum number of affordable units: A residential or mixed-use development project may not be segmented to evade the following affordability thresholds:

[1]

Twenty percent for all residential and mixed-use development projects except;

[2]

Twenty-five percent of all rental and/or ownership units in a residential or mixed-use development project in which all of the dwelling units are limited to occupancy by elderly persons and/or by persons with disabilities.

(b)

Fractional units: When the application of the percentages specified above results in a number that includes a fraction, the fraction shall be rounded up to the next whole number if the fraction is 0.5 or more. If the result includes a fraction below 0.5, the fraction shall be rounded down to the next whole number.

(c)

Affordable units shall comply with the following requirements:

[1]

The monthly rent payment for an affordable rental unit, including utilities and parking, shall not exceed 30% of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one, except in the event of an eligible household with a Section 8 voucher, in which case program rent limits shall apply.

[2]

For an affordable homeownership unit the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowners' association fees, insurance, and parking, shall not exceed 30% of the maximum monthly income permissible for an eligible household, assuming a family size equal to the number of bedrooms in the unit plus one.

[3]

Affordable units required to be offered for rent or sale shall be rented or sold to and occupied only by eligible households.

(d)

Design and construction.

[1]

Design. Affordable units must be dispersed throughout a project and be comparable in initial construction quality and exterior design to the unrestricted units. However, nothing in this section is intended to limit a homebuyer's rights to renovate a dwelling unit under applicable law. The affordable units must have access to all on-site amenities. Affordable units shall be finished housing units.

[2]

Phasing. All affordable units must be constructed and occupied not later than concurrently with construction and occupancy of unrestricted units. In projects that are constructed in phases, affordable units must be constructed and occupied in proportion to the number of dwelling units in each phase of the project.

(e)

Unit mix and unrestricted units.

[1]

The number of bedrooms per dwelling unit in the affordable units shall be at least proportionate to the total number of bedrooms in all units in the project of which the affordable housing is part.

[2]

If only one affordable unit is required and the other units in the project have various numbers of bedrooms, the number of bedrooms in the affordable unit shall be at least equal to the average number of bedrooms for all other units in the development project.

(f)

Affordable housing restriction. Each affordable unit shall be subject to an affordable housing restriction which is recorded with the County Registry of Deeds or Land Court Registry District of the County. The affordable housing restriction shall contain, at minimum, the following:

[1]

A description of the affordable homeownership unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of affordable rental units in a project or portion of a project which are rental. Such restrictions shall apply individually to the specifically identified affordable homeownership unit and shall apply to a percentage of rental units of a rental project or the rental portion of a project without specific unit identification.

[2]

The term, which shall be no less than 30 years, and other rights regarding the affordable housing restriction shall be as set forth in MGL c. 184, §§ 26 through 32, inclusive, as amended from time to time.

[3]

The name and address of the monitoring agent with a designation of its power to monitor and enforce the affordable housing restriction.

[4]

Reference to a housing marketing and resident selection plan, to which the affordable unit is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. If approved by DHCD, the housing marketing and selection plan may provide for local preferences in resident selection. The plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that preference for such unit shall be given to a household of the appropriate size.

[5]

A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of eligible households compiled in accordance with the housing marketing and selection plan.

[6]

Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership unit will be set.

[7]

A requirement that only an eligible household may reside in an affordable unit and that notice of any lease or sublease of any affordable unit shall be given to the monitoring agent.

[8]

Provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the monitoring agent.

[9]

Provision that the restriction on an affordable homeownership unit shall run in favor of the monitoring agent and the City of Chicopee, in a form approved by municipal counsel, and shall limit initial sale and resale to and occupancy by an eligible household.

[10]

Provision that the owner(s) or manager(s) of affordable rental unit(s) shall file an annual report to the monitoring agent, in a form specified by that agent certifying compliance with the affordability requirements of Subsection A(8) and containing such other information as may be reasonably requested in order to ensure affordability.

[11]

Provision that the restriction on affordable rental units in a rental project or rental portion of a project shall run with the rental project or rental portion of a project and shall run in favor of the monitoring agent and/or the City of Chicopee, in a form approved by municipal counsel, and shall limit rental and occupancy to an eligible household.

[12]

A requirement that residents in affordable units provide such information as the monitoring agent may reasonably request in order to ensure affordability.

[13]

Designation of the priority of the affordable housing restriction over other mortgages and restrictions.

(g)

Administration. The Chicopee Office of Community Development shall serve as the monitoring agent and ensure the following:

[1]

Prices of affordable homeownership units are properly computed; rental amounts of affordable rental units are properly computed.

[2]

Income eligibility of households applying for affordable units is properly and reliably determined.

[3]

The housing marketing and resident selection plan conforms to all requirements and is properly administered.

[4]

Sales and rentals are made to eligible households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given.

[5]

Affordable housing restrictions meeting the requirements of this section are recorded with the Hampden County Registry of Deeds or Land Court Registry District of Hampden County. The housing marketing and selection plan may make provision for payment by the owner of reasonable costs to the monitoring agent to develop, advertise, and maintain the list of eligible households and to monitor and enforce compliance with affordability requirements. In the case where the monitoring agent cannot adequately carry out its administrative duties, upon certification of this fact by the AA or by the Department of Housing and Community Development, the administrative duties shall devolve to and thereafter be administered by a qualified housing entity designated by the AA.

(9)

Site plan review – plan submission and review procedures:

(a)

Plan review. The AA (approving authority) shall be aided in its review process by a Site Plan Review Advisory Committee composed of representatives from municipal departments, boards and/or committees, including: Building, CEL (Chicopee Electric Light), Conservation, Fire, Health, Planning and Development, Police, Public Works (Highway, Engineering, Waste Water) Water, Community Development, School Department, Assessor's Commission for the Disabled, member(s) of the City Council, and any other City department, board, commission or agency as designated by the AA. This review process shall be coordinated on behalf of the AA by the Department of Planning and Development.

(b)

Pre-application. At the request of the applicant, the Chicopee Department of Planning and Development will coordinate a pre-application review with the Site Plan Review Advisory Committee. The purpose of a pre-application review is to introduce the developer to the municipal staff members who will be reviewing the project and exchange information about the site and surrounds that may be applicable to the success of the project. This meeting is intended to save time for the developer and the City. No formal filings are required for the pre-application review; however, the applicant is encouraged to prepare a concept plan that shows:

[1]

Overall building envelope areas;

[2]

Open space and natural resource areas;

[3]

General site improvements, groupings of buildings and proposed land uses.

(c)

Fees. The application fee is $250.

(d)

Application. An application for site plan approval shall be submitted to the City Clerk on the form provided by the AA along with the application fee. A copy of the application, including the date of filing certified by the City Clerk, shall be filed forthwith with the AA. The application shall be accompanied by such plans, project narrative, and other documents as required by the AA as well as any materials required verifying compliance with any of the above provisions of this section. The application process is divided into minor and major projects. Single-, two- and three-family residential projects are reviewed as minor projects. All other projects shall be reviewed as major projects.

[1]

Minor projects: Submission requirements for projects of one-, two- and three-family dwellings on individual lots shall include the application, application fee, 28 copies of all supporting documents as set forth in this section, building elevations, and a plot plan certified by a person registered under the General Laws of the Commonwealth of Massachusetts to practice land surveying. The following information must be shown on the plot plan:

[a]

All property corners, with type of monumentation (identified as set or found).

[b]

Existing and proposed grading, proposed grading at house corners and garage doors.

[c]

Proposed location of the building(s) and driveway.

[d]

Utilities.

[e]

Elevation of top of foundation wall F.F. (finished floor), benchmark and datum.

[f]

Direction of stormwater runoff; the proposed grading shall not direct runoff toward abutting properties.

[g]

Location and dimensions of existing and proposed easements.

[h]

North arrow, street name(s), zoning district, setbacks, side yards, lot area, and Chicopee Assessor Map and parcel ID number.

[i]

Scale: 1:20.

[j]

Lot dimensions. (Note: Lots in common ownership shall be merged.)

[2]

Major projects.

[a]

All plans shall be prepared by certified architects or engineers registered in the Commonwealth of Massachusetts.

[b]

Number of copies: The application shall be considered as the application form, plans, narrative and any other required supporting documents. The application form is available from the Department of Planning and Development. One original and 28 copies of the application form, all plans and documents shall be submitted to the City Clerk.

[c]

Plans required:

[i]

Plot plan as set forth in Subsection A(9)(d)[1] above and all supporting plans and documents identified in this section.

[ii]

[iii]

Preliminary landscaping and architectural design, showing type, location and layout of buildings, typical elevations, as well as the general height, mass and appearance of structures.

[iv]

Exterior lighting plan, showing existing and proposed exterior lighting, including building and ground lighting, locations, supports, mounting heights, and orientation.

[v]

Floor plan to scale for each floor of each building, indicating, if applicable, number of units, number of bedrooms, and proposed use of floor space.

[3]

Narrative report shall be submitted, including the following components:

[a]

Project summary.

[b]

Proposed development schedule.

[c]

Historical narrative that includes the significance of the site, architecture and any important associated events or persons.

[d]

Details of erosion and sedimentation controls during and after construction.

[e]

Subsurface soil and water conditions that impact the development project and methods to be used to overcome them.

[f]

Traffic impact study.

[g]

Impact to public sewer system.

[h]

Impacts to City water supply and distribution system.

[i]

Impacts to municipal and governmental services, including schools.

[j]

Projected net tax and other revenues over anticipated municipal costs should be submitted to estimate the total fiscal impact of the proposed project upon City resources.

[k]

Information pertaining to any organization which the applicant proposes to form, where the development is to be a condominium or other ownership organization.

[l]

Copies of all proposed covenants, easements, and other restrictions which the applicant proposes to grant to the City.

[m]

Other information that the City Council may reasonably require to assist in determining whether the applicant's proposed development plan meets the objectives of this section.

[4]

Submission requirements. As part of any application for plan approval for a project within the CC40R, the applicant must submit the following documents to the AA and the monitoring agent.

[a]

Evidence that the project complies with the cost and eligibility requirements of Subsection A(8).

[b]

Project plans that demonstrate compliance with the requirements of Subsection A(8).

[c]

An affordable housing restriction that satisfies the requirements of Subsection A(8).

[d]

Construction details for units that are accessible to the disabled.

[5]

Circulation to other boards. Upon receipt of the application, the AA shall transmit to the Department of Planning and Development. The Department of Planning and Development shall be responsible for the immediate distribution of plans and supporting materials to all municipal boards, departments, commissions, officials (and the monitoring agent if the project is subject to affordability requirements) as determined by the AA. These entities shall provide any written comments within 60 days of receipt of the plan and application.

[6]

Public hearing. The AA shall hold a public hearing for which notice has been given as provided in MGL c. 40A, § 11.

[7]

The AA may adopt administrative rules and regulations relative to site plan review. Such rules and regulations must be approved by the Department of Housing and Community Development and filed with the City Clerk.

(10)

Site plans — decisions.

(a)

Criteria for approval. The AA shall approve the development project in accordance with the following:

[1]

The applicant has submitted the required fees and information as set forth in applicable regulations; and

[2]

The proposed development project as described in the application meets all of the requirements and standards set forth in this section and applicable design standards, or a waiver has been granted therefrom; and

[3]

Any extraordinary adverse potential impacts of the development project on nearby properties have been adequately mitigated.

[4]

For a development project subject to affordability requirements, compliance with Subsection A(8)(c) above shall include written confirmation by the monitoring agent that all affordability requirements have been satisfied.

[5]

Conditions imposed are limited to only those necessary to ensure compliance with this section.

(b)

Criteria for denial. A site plan approval application may be disapproved only where the AA finds that:

[1]

The applicant has not submitted the required fees and information as set forth in this section; or

[2]

The development project as described in the application does not meet all the requirements and standards set forth in this section and the AA regulations, or that a requested waiver therefrom has not been granted; or

[3]

It is not possible to adequately mitigate significant adverse development project impacts on nearby properties by means of suitable conditions.

(c)

Time limit. The decision of the AA shall be made and a written notice of the decision filed with the City Clerk within 120 days of receipt of the application by the City Clerk. This time may be extended by mutual agreement between the AA and the applicant by written agreement filed with the City Clerk. Failure of the AA to take action within said 120 days or the extended time shall be deemed an approval of the site plan approval application.

(d)

Decisions. The AA shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected and the plans that were the subject of the decision and certifying that a copy of the decision has been filed with the City Clerk and that all plans referred to in the decision are on file with the AA. If 20 days have elapsed after the decision has been filed with the City Clerk without an appeal having been filed, or if such appeal having been filed is dismissed or denied, the City Clerk shall so certify on a copy of the decision. A copy of said decision shall be filed with the local Registry of Deeds.

(e)

Validity. Site plan approval shall remain valid and run with the land indefinitely, provided that construction has commenced within two years after the decision is issued, which time shall be extended by the time required to adjudicate any appeal from such approval and which time shall be extended if the project proponent demonstrates that it is actively pursuing other required permits or there is other good cause for failure to commence.

(f)

Waivers. Upon request of the applicant, the AA may waive dimensional and other requirements of this section, including design standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the CC40R or if it finds that such waiver will allow the development project to achieve the density, affordability, mix of uses and/or physical character intended by this section.

(g)

Project phasing. The AA may allow a development project to be phased at the request of the applicant, or to mitigate any extraordinary adverse impacts on nearby properties. For a project that is approved and developed in phases, the proportion of affordable units shall be consistent across all phases and the proportion of existing zoned units to bonus units (as those terms are defined in 760 CMR 59.00) shall be consistent across all phases.

(11)

Fair housing requirement. All development projects within the CC40R shall comply with applicable federal, state and local fair housing laws.

(12)

Severability. If any provision of this section is found to be invalid by a final, unappealable judgment of a court of competent jurisdiction, the remainder of § 275-68 shall not be affected but shall remain in full force. The invalidity of any provision of this § 275-68 shall not affect the validity of the remainder of the City's Zoning Ordinances.

(13)

Density and dimensional requirements.

(a)

Residential density allowances. The following residential densities shall be allowed on all lots and within all buildings within the designated subdistricts within the CC40R pursuant to the requirements of this section and applicable design standards:

Residential Density by Subdistrict
Units Per Acre
	Dwelling Units, Single-Family, Detached	Dwelling Units, Two-Family	Dwelling Units, Three-Family	Dwelling Units, Multifamily (1)	Mixed- Use Development Projects
Cabotville				60	60
Exchange	8	12	16	20	20

(b)

Dimensional requirements.

Dimensional Requirements by Use for New Construction or Division of Existing Parcels
Use	Ground Floor Elevation	Front Yard Setback	Side Yard Setback (feet)	Rear Yard Setback (feet)`	Maximum Height (feet)	Frontage (feet)	Area
Dwelling units: 1-family 2-family 3-family	3 feet above grade	Align to abutting principle structures. If no abutting structures, 3 feet minimum/15 feet maximum. Porches may encroach.	4	12	40	30
Dwelling units: multifamily, 4 or more units	3 feet above grade	Align to abutting principle structures. If no abutting structures, 10 feet maximum. Porches may encroach.	4	12	40	30	No minimum. Lot area is a function of the building footprint and use requirements for open space, setbacks, travel aisle, and parking
Mixed use	n/a	Align to abutting principle structures. If no abutting structures, 8 feet minimum. Porches may encroach.	8	20	60	30
Nonresidential uses	n/a	Align to nearest nonresidential structures on same block, same side of street. If no nonresidential structures, 2 feet minimum/5 feet maximum.	0 feet when abutting other nonresidential uses; 15 feet when exclusively residential uses	20	60	40

(c)

Contiguous lots. In the CC40R, where two or more lots are contiguous or are separated by a right-of-way, such lots may be considered as one lot for the purpose of calculating maximum lot coverage, parking requirements, minimum useable open space, and dwelling units per acre.

(14)

Off-street parking.

(a)

Off-street parking shall be provided as follows:

	Use	Required/Allowable Parking
	Retail and restaurant	3 spaces per 1,000 square feet
	Office and institutional	4 spaces per 1,000 square feet
	Dwelling unit (1 bedroom)	1.0 space
	Dwelling unit (2 bedrooms)	1.5 spaces
	Dwelling unit (3 bedrooms)	2.0 spaces
	Dwelling unit (4 bedrooms)	2.5 spaces

(b)

Location of parking. Any surface parking lot shall, to the maximum extent feasible, be located at the side or rear of a building, relative to any public right-of-way, public open space, or pedestrian way. In no case shall surface parking for new construction be permitted within the required setbacks pursuant to the design standards.

(c)

The AA may grant site plan approval allowing project-specific, less burdensome standards or similarly prescribe more economic safeguards and conditions as it deems appropriate, provided that it finds that it is impractical to meet the standards and that such modifications are appropriate by reason of the proposed use and will not result in or worsen parking or traffic problems in the CC40R.

(d)

Cooperative establishment and operation of parking areas. Required spaces for any number of uses may be provided in a combined lot or lots, provided that the number of spaces in the combined facility shall not be less than the sum of those required of the individual uses, and provided also that such lot or lots shall be within 600 feet of the principal buildings served.

(e)

Parking waivers. The AA may allow a reduction of the required number of spaces by up to 30% if it can be demonstrated that two or more uses can share parking spaces. In determining the appropriate reduction, the AA may give consideration to the hours of operation and/or usage of the proposed uses within the development, the opinions of merchants, residents and municipal officials as to the adequacy of parking spaces within the surrounding area, as well as other relevant information. The applicant must show proof of space and indicate if the space is owned or leased. Required spaces shall be within 600 feet of any use on or off the site.

(f)

The AA may require additional parking beyond the allowable number of spaces per unit if deemed appropriate given the design, layout and density of the proposed development project.

(g)

Parking shall be designed and constructed to comply with all applicable disability access.

(15)

Open spaces and recreational area design and location. The site plan design for development projects may include common open space and facilities. Where proposed, the plans and any necessary supporting documents submitted with an application for site plan approval within the CC40R shall show the general location, size, character, and general area within which common open space or facilities will be located. The plans and documentation submitted to the AA shall include a description of proposed ownership and maintenance of all common open space or facilities.

(16)

Historic districts. Development projects that are located in locally designated historic districts (all or in part) will also be subject to the regulations of said historic district.

(17)

Design standards and guidelines. To ensure that development shall be of high quality, and shall be compatible with the character of building types, streetscapes, and other community features traditionally found in Chicopee, the City Council has adopted the following design standards and guidelines. (See Subsection B, Part 2: Design Standards and Guidelines.)

Part 2: Design Standards and Guidelines.

(1)

Introduction. The Chicopee Center 40R (CC40R) is an overlay zoning district adopted pursuant to MGL Chapter 40R, Smart Growth Zoning and accompanying regulations at 760 CMR 59.00. These design standards and guidelines are intended for the following purposes:

(a)

To encourage the development of affordable and market rate housing in the CC40R District;

(b)

To preserve and augment Chicopee's architectural qualities, historic character and pedestrian scale;

(c)

To promote historical continuity — the relationship of built structures over time by design that respects the scale, massing and materials of adjacent buildings and landscape;

(d)

To ensure that future development in Chicopee will preserve and enhance existing businesses and residences, serve to catalyze additional investments, and promote a high quality of architecture;

(e)

To foster a sense of belonging to an identifiable community of residents;

(f)

To encourage high-quality building design;

(g)

To create distinctive-looking buildings that complement the architecture of the area;

(h)

To allow signage in commercial areas that is in scale and is architecturally compatible with the storefront buildings;

(i)

To provide landscaping and pedestrian-oriented open space, including sidewalks and courtyards;

(j)

To promote street-level commercial uses in commercial areas that are attractive to residents and visitors;

(k)

To encourage settlement by more residents in Chicopee Center;

(l)

To design upper-story setbacks for institutional, commercial and mixed-use buildings;

(m)

To reduce building mass and keep in scale with the neighborhood;

(n)

To improve height, massing and scale compatibility between commercial and residential areas;

(o)

To encourage attractive parking lots and to discourage driveways and curb cuts on commercial streets, particularly in the Downtown Subdistrict;

(p)

To encourage Center Street development that will connect the Gateway Subdistrict to Downtown;

(q)

To encourage development that is green, sustainable and healthy.

(2)

Applicability. The general design standards and guidelines are applicable in all subdistricts.

(3)

Design standards. The design standards are intended to set forth mandatory requirements, subject to the provisions set forth in the CC40R.

(4)

Design guidelines. The design guidelines are intended to set forth nonbinding recommendations that will promote the objectives of the design standards.

(5)

Height, mass and scale: standards and guidelines. The following standards and guidelines are intended to apply to new construction.

(a)

Design standards.

[1]

New structures shall not exceed 150 feet in length.

(b)

Design guidelines.

[1]

New buildings should be sited and designed to provide a sensitive transition to nearby, less-intensive zones. Projects on the CC40R or subdistrict edges shall be developed in a manner that creates a transition in perceived height, mass and scale between the anticipated development potential of the adjacent zones.

[2]

Building mass should be broken up by incorporating different facade treatments at intervals to give the impression of multiple, small-scale buildings, in keeping with the established development pattern.

[3]

New buildings should be designed to maximize the amount of sunshine on adjacent sidewalks throughout the year.

[4]

Color/material schemes that are integral to architectural features and details should be used to help reduce apparent size and mass of buildings and provide visual interest. (See Subsection B(11), Architectural elements and materials for new buildings, for specific material design standards and guidelines.)

[5]

Additional setbacks, modulation and screening should be used to reduce mass where there are abrupt changes which increase the relative height above grade along the street or between subdistricts.

(6)

Streetscape compatibility: standards and guidelines. The following standards and guidelines are intended to apply to new construction and the rehabilitation of existing buildings.

(a)

Design standards.

[1]

Street trees shall be provided with tree grates (urban areas) or in planter strips (suburban areas), using deciduous species to provide summer shade and winter light. Street trees shall be a minimum of two inches caliper and set 50 feet apart and no closer than 20 feet to an intersection. (See Chicopee Guide to Urban Trees and Planting Details.)

[2]

Whenever possible, vehicle entrances to buildings and loading areas shall be located at the rear.

[3]

House, townhouse, loft and apartment structures shall provide pedestrian entrances at the sidewalk. Accessory dwellings to commercial development may provide entrances at the side or rear of the parcel. (See also Subsection B(12), Pedestrian environment.)

(b)

Design guidelines.

[1]

Renovations to existing street storefronts should be designed with horizontal or vertical elements in alignment with the setbacks and facade elements of adjacent building fronts. Such elements may include columns, windows, planters, benches, overhead weather protection, cornices or other building features.

[2]

Renovations to existing sidewalks should be emphasized by using mostly paving materials (urban areas) and/or mostly landscape materials (suburban areas) that differentiate the setback area from the sidewalk.

[3]

For buildings that span a block and front on two streets, each street frontage should receive individual and detailed site planning and architectural design treatments to complement the established streetscape character in scale, detail and mass but not necessarily in the same style.

(7)

Human activity: design guidelines. A purpose of the CC40R is to promote vibrant, pedestrian-friendly activities in the downtown. The following guidelines are intended to apply to new construction and the rehabilitation of existing buildings.

(a)

Design guidelines.

[1]

Sidewalk retail opportunities and connections are highly encouraged. Whenever feasible, storefronts should open to the street and display goods to the pedestrian.

[2]

In commercial areas, outdoor eating and drinking opportunities should be provided on the sidewalk by allowing for the opening of restaurant or cafe windows to the sidewalk and/or installing outdoor seating while maintaining pedestrian flow (subject to approval by the Chicopee Department of Public Works).

[3]

Large, clear glass windows and glazed doors are preferred along the sidewalk to provide visual access into the retail or dining activities that occur inside. Views into the interior spaces should not be blocked with the backs of shelving units or with posters. Window displays of goods at retail storefronts are an option. At these buildings, glazing should be a minimum of 70% of the ground-level facade area.

[4]

Sidewalk/plaza art installations and kiosks are encouraged in urban areas as long as pedestrian flow is maintained.

[5]

Structures should provide energy-efficient building lighting at night that highlights window displays, facade features, signage and outdoor eating areas. The following lighting applications are recommended:

[a]

Recessed compact fluorescent or low-voltage lamps at window displays.

[b]

HID (high definition) floodlights mounted level with the top of commercial awnings for signage and architectural facade features.

[c]

HID or compact fluorescent wall sconces for outdoor eating areas.

[d]

Fluorescent light strip or compact fluorescent wand for blade signs.

(8)

Residential open space: design standards and guidelines. The following standards and guidelines are intended to apply to new construction and the rehabilitation of existing buildings.

(a)

Design standards.

[1]

Floor levels greater than four stories shall be set back to provide solar access to the sidewalk and/or neighboring properties.

[2]

Trees and shrubs that are native to the region, requiring minimal irrigation or fertilizer, shall be used.

(b)

Design guidelines.

[1]

Residential development projects should incorporate open spaces, with special focus on landscape treatments and courtyard entries.

[2]

New buildings should create courtyard-style open space that is visually accessible to the public view.

[3]

Porous paving materials that minimize stormwater runoff should be used wherever practical.

[4]

Stormwater catch basins should be installed that supplement irrigation needs and reduce stormwater runoff.

[5]

Rooftop gardens are encouraged.

(9)

Parking and vehicle access: design standards and guidelines. Adequate and convenient parking is important in the CC40R. The following standards and guidelines are intended to apply to new construction and the rehabilitation of existing buildings.

(a)

Design standards.

[1]

Surface parking areas shall be located behind buildings and not along street frontages.

[2]

Parking lots in development projects shall have landscape buffers with trees and shrubs. (See Chicopee Site Plan Landscape Guidelines, dated May 2005, for specific requirements.)

(b)

Design guidelines.

[1]

Building design should preserve and enhance the main frontage pedestrian environment in residential and commercial areas by providing for continuous sidewalks. Side streets should be minimally broken within a block to provide vehicular access to parking.

[2]

Structured parking entrances should be located on side streets or alleys.

[3]

Multipurpose parking areas paved with textured concrete (paver style) or unit pavers are preferred (i.e., areas that serve both parking and public open space needs).

(10)

Corner lots: design standards and guidelines. The following standards and guidelines are intended to apply to new construction and the rehabilitation of existing buildings.

(a)

Design standards.

[1]

Buildings on corner lots shall be oriented to the corner and public street fronts.

[2]

Parking and automobile access shall be located a minimum of 40 feet away from the corner point located at the intersection of the front and side lot lines.

(b)

Design guidelines.

[1]

Entries to residences at corner lots should incorporate landscaping materials such as pavers at walkways and permanent/seasonal plantings surrounding walkways.

[2]

Retail storefronts located at intersections should provide a prominent corner entry. A storefront door(s) with clerestory and sidelights is preferred.

(11)

Architectural elements and materials for new buildings: design standards and guidelines.

(a)

Design standards.

[1]

New buildings shall use materials such as brick, cast stone, architectural stone, terra cotta, and concrete that incorporate varied texture and color. Brick masonry is the preferred main building material due to its durability, although other materials that are compatible with brick may be used. The exterior of single-family and two-family houses may be constructed of wood, cement-fiber board or vinyl.

[2]

Vinyl awnings that are internally illuminated shall not be used.

[3]

Multiple awnings limited in dimension to the widths of openings in walls shall be used. Continuous awnings across multiple openings are prohibited.

[4]

Rooftop building systems (i.e., mechanical and electrical equipment, antennas) shall be screened from all key observation points by integrating them into the building design with parapets, screens or other methods.

[5]

Building entry treatments that protect people from the elements shall be incorporated into design.

(b)

Design guidelines.

[1]

Base. Ground floors or bases immediately next to pedestrians should reflect a higher level of detail refinement and high quality materials. Encouraged are transparent, open facades for commercial uses at sidewalk eye level (as an example, windows that cover 70% to 80% of the ground floor facade area with their sills located approximately 24 to 30 inches above the sidewalk).

[2]

Middle. Mid-level building facade elements should be articulated to provide visual interest in a bay-by-bay scale. Architectural features may include: belt courses or horizontal bands to distinguish individual floors; change in materials and color and/or texture that enhances specific form elements or vertical elements of the building; a pattern of windows; and/or bay windows to give scale to the structure. Detail elements such as a cast stone, tile or brick patterns that complement architectural features on existing buildings should be incorporated. Spacing and width of bays should provide intervals in the facade that create scale elements similar to surrounding buildings.

[3]

Top. Tops of buildings in the District General and District Edge should be distinguished from the facade walls by including detail elements consistent with the traditional neighborhood buildings such as steep gables with overhangs, parapets and cornices. District General and District Center buildings may, in addition, have towers, belfries, cupolas and spires.

[4]

Architectural concept and consistency. Building design elements, details and massing should create a well proportioned and unified building form and exhibit an overall architectural concept. Buildings should exhibit form and features identifying the functions within the building.

[a]

Signage that is consistent with the existing or intended character of the building and the neighborhood is preferred.

[b]

Solid canopies or shed-type fabric awnings over the sidewalk are preferred.

[c]

Materials and design should be compatible with the structures in the vicinity in order to reflect the surrounding neighborhood character.

[d]

Distinctive features of the building, including entries, signage, canopies, and areas of architectural detail and interest should be illuminated at night. Pedestrian-scale pole lights should be used along streets and sidewalks.

[5]

Human scale. The design of new buildings should incorporate architectural features, elements and details to achieve appropriate human scale.

[a]

Transom or clerestory windows should be used above entrances, display windows; projected bay windows are encouraged.

[b]

Multiple paned windows that divide large areas of glass into smaller parts are preferred.

[c]

Pedestrian orientation should be enhanced by using components such as: nonreflective storefront windows and transoms; pedestrian-scaled awnings; architectural details at the first floor and the roofline.

[6]

Exterior finish materials. Building exteriors should be constructed of durable and maintainable materials that are attractive even when viewed up close. Materials that have texture, patterns or lend themselves to a high quality of detailing are encouraged. Organic materials are preferred versus synthetic materials.

[a]

Consider each building as a high-quality, long-term addition to the area; exterior design and materials should exhibit permanence and quality appropriate to the neighborhood.

[b]

Operable windows are preferred in all residential units and houses.

[c]

Finish materials that are susceptible to staining, fading or other discoloration are discouraged, except for metals that develop a long-term patina such as copper.

[d]

The use of applied foam ornamentation and EIFS (Exterior Insulation and Finish System) is discouraged, especially at ground-level locations. Aluminum and vinyl siding is strongly discouraged. If these are used, the trims should be a minimum of 3 1/2 inches for head and jamb. Sills should be two inches.

(12)

Pedestrian environment: design standards and guidelines. The CC40R is intended to provide opportunities for creating lively, pedestrian-oriented open space. The following standards and guidelines are intended to apply to new construction and the rehabilitation of existing buildings.

(a)

Design standards.

[1]

Access to the building's entry shall be provided as follows:

[a]

Entrances along the main building frontage shall be visible from the sidewalk.

[b]

In commercial areas, signage located at the building front entrance shall identify the tenant and/or use. (See Subsection B(17), Signage.)

[c]

In commercial areas, entrances along the main building frontage shall be glazed a minimum of 50%.

[d]

In commercial areas, entrance vestibules or air locks shall not protrude beyond the front exterior of the building.

[2]

Sidewalks, paths and entry areas shall be lighted, and entry areas shall be protected from the weather.

[3]

At single-family and two- or three-family sites, the front yard shall have landscaping that incorporates concrete or paver walks, ground cover plantings, shrubs and perennials.

[4]

Building entrances located at the main building frontage shall emphasize pedestrian access as opposed to accommodating vehicles.

[5]

The number of residential entrances on commercial streets where nonresidential uses are required shall be minimized. Where residential entries and lobbies on commercial streets are unavoidable, minimize their impact on retail frontage of the commercial streetscape by adhering to the minimum dimensions required by the building code.[1]

[1]

Editor's Note: See Ch. 122, Building Construction.

[6]

Entries for residential uses shall be from the street (rather than from the rear of the property) to add to the activity on the street and allow for visual surveillance for personal safety. Accessory dwellings located at the rear of the property may be accessed from the side street or alley.

(b)

Design guidelines.

[1]

Open spaces should be created at street level that is connected both visually and physically to the open space of the sidewalk.

[2]

Well-lighted, overhead weather protection is strongly encouraged to improve pedestrian comfort and to promote a sense of security.

[3]

Overhead weather protection should be designed with consideration of the overall architectural concept of the building, including:

[a]

Uses occurring within the building (such as entries and retail spaces) or in the adjacent streetscape environment (such as bus stops or occasional gathering spaces);

[b]

Minimizing gaps in coverage, except to accommodate street trees;

[c]

A drainage system that keeps rainwater off the street-level facade and sidewalk;

[d]

The relationship to architectural features and elements on adjacent development, especially if abutting a building of historic or noteworthy character;

[e]

The scale of the space defined by the height and depth of the weather protection;

[f]

The illumination of undersides to increase security after dark (excludes internally lit fabric awnings).

(13)

Blank walls: design standards and guidelines. The following standards and guidelines are intended to apply to new construction and the rehabilitation of existing buildings.

(a)

Design standards.

[1]

Buildings shall avoid large blank walls facing the street, especially near sidewalks.

[2]

Where blank walls are unavoidable, they shall receive design treatment by use of decorative patterns, art installations or other treatment.

(b)

Design guidelines.

[1]

Long, undifferentiated surfaces, facades or frontages are strongly discouraged.

[2]

Ground floor windows should be located and designed to maximize transparency of commercial facades and attract pedestrian interest; 70% of the ground level front facade area should be glazed.

[3]

Large windows that open to facilitate indoor-outdoor interaction with the street are encouraged.

[4]

Windows on walls perpendicular to the street are encouraged.

(14)

Screening of dumpsters, utilities and service areas: design standards. The following standards are intended to apply to new construction and the rehabilitation of existing buildings.

(a)

Design standards.

[1]

New developments shall locate service elements like trash dumpsters, loading docks, mechanical equipment and utility meters away from the street front.

[2]

When elements such as dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front, they shall be screened from view and shall not be located in the pedestrian right-of-way.

(15)

Lighting: design standards and guidelines. The following standards and guidelines are intended to apply to new construction and the rehabilitation of existing buildings.

(a)

Design standards.

[1]

Proposed lighting shall not create overspill onto adjacent properties.

[2]

Installation of pedestrian light fixtures as part of a development's sidewalk improvements shall be provided.

(b)

Design guidelines.

[1]

Lighting in display windows is encouraged.

[2]

Architectural lighting to complement the architecture of the structure is encouraged.

[3]

Architectural lighting to complement landscape features is encouraged.

[4]

Temporary, seasonal and/or holiday light fixtures are encouraged.

[5]

Light levels at commercial locations should meet or exceed the minimum requirements defined by the Illuminating Engineering Society of North America (IESNA). Light levels should be designed to the following:

[a]

Lighting where commercial facilities are closed:

[i]

Minimum of 0.2 FC.

[ii]

Maximum to minimum ratio of 20:1 FC.

[b]

Lighting where commercial facilities are open:

[i]

Minimum of 0.6 FC.

[ii]

Maximum to minimum ratio of 15:1 FC.

(16)

Landscaping: design standards and guidelines. The following standards and guidelines are intended to apply to new construction and the rehabilitation of existing buildings.

(a)

Design standards.

[1]

Trees shall be installed as part of a development's site and surrounding sidewalk system.

[2]

Low-branching ornamental trees shall not be used along storefronts or in areas of heavy pedestrian use.

(b)

Design guidelines.

[1]

A clear distinction should be made between pedestrian traffic areas and commercial traffic areas through the use of different paving materials, colors or landscaping.

[2]

Mature trees should be saved where feasible. Tree removal is subject to Chicopee City Code, Chapter 257, requirements.

[3]

Large shade tree species are encouraged where they do not interfere with utilities and buildings.

[4]

Landscape buffers should incorporate trees, shrubs, and perennials that are drought tolerant and require minimal irrigation and fertilizer. Native species are preferred.

(17)

Signage: design standards and guidelines.

(a)

Design standards.

[1]

Signage shall be provided to identify nonresidential uses. Colors should complement the colors of the building. Neon-colored surfaces are not allowed. Signs shall not cover over architectural features and trim elements. Company logos are encouraged.

[2]

Allowable storefront signage shall consist of a primary storefront sign with letters no taller than three feet and located on a primary storefront band that is a minimum of 12 feet above the sidewalk and a maximum of 20 feet; awning signage that is integral to the awning fabric; blade sign that is perpendicular to the storefront and whose bottom edge is at least eight feet above the sidewalk; permanent storefront glazing signage that does not cover more than 10% of the glazed area; permanent glazed entry door signage that does not cover more than 10% of the glazed area of the door unit.

[3]

Blade signs may be illuminated with up to two integral light fixtures.

[4]

Temporary signs (including seasonal displays), noncommercial flags and City-approved banner art installations shall be permitted in accordance with Chicopee City Code, § 275-50B (Temporary signs), dated 9-1-2009.

[5]

Violations.

[a]

Sign manufacturers' logos and contact information on signs are not allowed.

[b]

Electronic or mechanical signs that have moving parts or blinking lights are not allowed.

[c]

Signs that are constructed of nondurable materials such as paper, cardboard, decals or Styrofoam are not allowed.

(b)

Design guidelines.

[1]

Wayfinding signage, such as signs that give direction to parking, should be located not more than seven feet above the sidewalk and is encouraged to serve both pedestrians and drivers.

[2]

Illumination of signage for evening hours is encouraged.

[3]

Formed plastic, injection plastic and internally illuminated signs are discouraged.

(18)

Open space: design guidelines.

(a)

Design guidelines.

[1]

Park: The landscape should consist of paths, trails, water bodies, boat launches and open shelters, all naturalistically disposed.

[2]

Playground: open space equipped for children's recreation. The playground should be fenced, except at parks or greens where there is a minimum of 60 feet to the nearest road. There is no size preference.

[3]

Public green: an open space available for recreation purposes. The green is defined spatially by trees and shrubs. The layout of landscape features, including trees, paths, benches and shrubs, should be naturalistically disposed and be a minimum of 1/2 acre in size.

[4]

Square: an open space available for recreation and municipal purposes. A square is normally defined by building frontages. Landscape features should consist of lawns, trees, shrubbery, fountains and paved paths, all formally disposed and should be at least 1/2 acre in size.

[5]

Plaza: an open space designed for municipal and commercial activities. A plaza is defined spatially by building frontages. Its landscape should consist primarily of pavement. Optional items include trees, benches and fountains. The minimum size should be 1/3 acre.

§ 275-69 Senior Housing Overlay Zone.

[Added 1-24-2011 by Ord. No. 11-3]

Purpose. The purpose of the Senior Housing Overlay Zone is to provide residential alternatives for the aged.

Applicability. The Senior Overlay Zone may be superimposed over any other district established in this chapter, subject to an approved zone change in accordance with the provisions of Chicopee City Code, § 275-14. Exercise of any use allowed in a Senior Housing Overlay Zone is subject to a special permit from the City Council in accordance with Chicopee City Code, §§ 275-9 through 275-13, and the additional submission requirements described in this section. All aspects of the project, including authorized uses, building occupancy, and intensity of use, shall remain in substantial conformance with the plans and other documents submitted to the City Council as part of the special permit proceeding, unless modification of the special permit is authorized, after public hearing, by the City Council. Uses in the underlying zoning may be exercised in accordance with the underlying zoning district regulations.

Permitted uses: nursing homes, assisted living, and over 55 age-restricted housing. These uses are allowed only in a Senior Overlay District.

Designated districts. (List districts as adopted.)

Process: This is a three-step process: establishment of the overlay district; issuance of a special permit; site plan approval. The overlay district application and special permit application should run concurrently. The site plan review application may run concurrently. However, decisions may only be issued sequentially in the order of the three steps listed above.

(1)

Procedure for establishing an overlay district. An overlay zone is a type of zoning district. To establish an overlay district zone, apply for a zone change in accordance with Chicopee City Code, § 275-14. When previewing an application for a Senior Housing Overlay District, the City Council will consider the compatibility of the proposed use with surrounding uses.

(2)

Procedure for an overlay district project. An overlay district project takes place within a designated overlay district zone, subject to a special permit granted by the City Council.

(a)

Special permit application. The City Council's authority to review special permits is established in Chicopee City Code, § 275-9. Special permit applications under this section shall also include one original and 17 copies of:

[1]

Special permit application form.

[2]

Site plan.

[3]

Traffic and infrastructure impact report.

[4]

Preliminary stormwater report.

[5]

Copies of all proposed covenants, easements, and other restrictions which the applicant proposes to grant to the City.

[6]

Other information that the City Council may reasonably require to assist in determining whether the applicant's proposed development plan meets the objectives of this section.

(3)

Procedure for site plan approval. Site plans shall be submitted as set forth in Chicopee City Code, § 275-6 (Site plan review).

Waivers. The City Council may waive:

(1)

The submission of technical information or documents where the applicant demonstrates that, due to the simplicity of the proposal, such information is not necessary or applicable.

(2)

Dimensional requirements upon written request of the applicant for a development which, in the opinion of the City Council, serves to preserve a unique natural area, historical building, or is determined to be compatible with the neighborhood for which it is proposed.

Lighting. All lighting fixtures shall be integrated into the architectural style of the development. All exterior light sources shall be appropriately shielded from off-premises viewing. Access road lighting shall be designed to prevent nuisances to abutting properties by reason of light and glare.

Traffic. The developer must demonstrate that traffic generated by the proposed use will not generate more traffic than the maximum buildout for the underlying zone.

Loading docks. Design for minimum exposure to units and abutting residential property for noise control.

Trash receptacles/dumpsters. Design for minimum exposure to units and abutting residential property for odor and noise control.

Screening. Dumpster pads, parking lots greater than six spaces, and loading areas shall be screened from public view and view of residents: minimum six-foot fence or evergreens six feet in height at time of planting, set closely for a continuous screen.

Landscaping. Plans shall be submitted as set forth in Chicopee City Code, § 275-6 (Site plan review).

Signage: one sign at access drive and public street intersection; 30 square feet maximum at ground level. See also § 275-50 (Signs).

Mechanical units. Locate to minimize disturbance to abutting or nearby residential uses.

Parking. See also § 275-40 (Off-street parking).

(1)

Nursing homes: One space per three beds and one space per four employees on the largest shift, plus adequate parking for visitors and vehicles associated with the facility.

(2)

Assisted living: one space per three units and one space per four employees on the largest shift, plus adequate parking for visitors and vehicles associated with the facility.

(3)

Over 55 age-restricted housing: one space per studio and one-bedroom unit, two spaces per two bedrooms or more, and one space per four employees on the largest shift, plus adequate parking for visitors and vehicles associated with the facility.

Open space. Open space shall be a contiguous area or multiple areas, provided no area is less than 2,000 square feet. Open space areas must contain landscaping and open areas for outdoor recreation. Land between the property line and building setbacks cannot be counted toward the total open space requirement for the project.

Dimensional requirements.

	Nursing Home	Assisted Living	Over 55
Frontage	50 feet	50 feet	50 feet
Area, minimum	1 acre	1 acre	1 acre
Depth	200 feet	200 feet	200 feet
Front, side and rear yard setbacks from property line for principle and attached accessory buildings	25 feet	25 feet	25 feet
Front, side and rear yard setbacks from property line for detached accessory buildings	10 feet	10 feet	10 feet
Front, side and rear yard setbacks from interior access drive for principle buildings	25 feet, excepting loading docks and passenger pickup	25 feet, excepting loading docks and passenger pickup	25 feet, excepting loading docks and passenger pickup
Parking lot (greater than 6 spaces) setbacks	25 feet from property side, rear and street lot lines	25 feet from property side, rear and street lot lines	25 feet from property side, rear and street lot lines
Height, principle buildings and attached accessory buildings	40 feet	40 feet	40 feet
Height, accessory buildings	20 feet detached	1 story	1 story
Density, total buildout	No limit	No limit	No limit
Density, units per building	No limit	No limit	No limit
Open space	10% developed area of lot	10% developed area of lot	500 square feet per unit
Principal building spacing	25 feet minimum between principle buildings	25 feet minimum between principle buildings	25 feet minimum between principle buildings
Accessory building spacing	10 feet minimum between accessory and/or principle buildings	10 feet minimum between accessory and/or principle buildings	10 feet minimum between accessory and/or principle buildings