Town of West Springfield, MA Additional Land Use Regulations

PARKING LOT RECONSTRUCTION

Definitions. As used in this section, the following terms shall have the meanings indicated:

The reconfiguring and pavement of an existing parking lot where the impervious footprint is increased or modified and the existing topography, elevations, and stormwater drainage patterns are modified.

PARKING LOT REPAVEMENT/RESURFACING

The replacement of pavement of an existing parking lot where the footprint of impervious surface is not expanded or modified and the existing topography, drainage, and stormwater runoff are not modified.

Changes to parking or curb cuts for residential structures greater than four-family and all nonresidential structures shall be subject to site plan review.

Minimum parking space dimensions shall comply with "The Dimensions of Parking," Fifth Edition or latest edition, published by the Urban Land Institute and the National Parking Association. See Diagram 9-3, Parking Dimensions, and Diagram 9-4, Parking Dimensions Illustrated.[1]

Editor's Note: Diagrams 9-3 and 9-4 are included as attachments to this chapter.

Except for single- and two-family uses, parking areas shall be designed so that vehicles will not need to back into the street.

No parking area shall encroach upon public property. Parking areas shall be designed so that vehicles cannot extend beyond the perimeter of the property onto adjacent properties or public rights-of-way. Such areas shall also be designed so that the vehicles do not extend over sidewalks or tend to bump against or damage any wall, vegetation, or other obstructions.

By right, parcels fronting on a single public street are allowed no more than two access drives and parcels fronting on more than one public street are allowed two access drives for the first fronting street and one additional access drive per additional street. Applicants may request additional access drives through a special permit process with the Planning Board in accordance with Article XII of this ordinance.

Access drives for one-way travel shall be 12 feet in width and for two way travel shall be 24 feet in width, but not wider than the internal driveway, at their intersection with the street right-of-way except as approved through site plan review.

(8)

Mobile homes, campers, boats, trailers and other similar vehicles shall not be parked in the front yard, as defined in § 300-2.1, or between the principal structure and the street line on corner lots, of a residential property for more than seven consecutive days or more than 30 days in a calendar year.

(9)

A structure in existence prior to January 1, 1997, which is enlarged, or a use in existence prior to January 1, 1997, which is extended, shall be required to provide parking and loading spaces in accordance with Table 9.1[2] for the entire structure or use unless the increase in units or measurements amounts to less than 25%, whether such increase occurs at one time or in successive stages.

Editor's Note: See Table 9.1, following Subsection G of this section.

(10)

The reconstruction of an existing structure shall not be required to provide parking and loading in accordance with Table 9-1[3] as long as the parking spaces which existed at the time of demolition of the existing building are maintained as available parking. The new building shall not be built so as to reduce the number of parking spaces which were provided prior to the demolition of the existing building.

Editor's Note: See Table 9.1, following Subsection G of this section.

(11)

All activities other than those discussed in Subsection B(10) shall require parking and loading in accordance with Table 9-1.[4]

Editor's Note: See Table 9.1, following Subsection G of this section.

Location.

(Reserved)[5]

Editor's Note: Former Subsection C(1), which provided that except for single- and two-family structures, no parking shall be permitted within the required front yard, was repealed 5-17-2021.

Parking for nonresidential purposes may be shared with abutting businesses, provided that:

The uses are similar and compatible with one another;

The uses and underlying land are located in the same zoning district or different districts allowing the same uses;

The total number of curb cuts is reduced by the use of common driveways;

There is evidence that the parking areas have enough parking spaces to accommodate both uses;

A plan outlining the proposed parking has been approved by the Planning Board through site plan review; and

An easement allowing for the sharing of parking is recorded in the Hampden County Registry of Deeds. Said easement shall be subject to approval by the Town Attorney.

Access drives initially constructed after March 1, 2009, shall not be located within 40 feet of the intersection of any two streets. The forty-foot offset standard shall not apply to the repavement or resurfacing of an existing access drive, provided the existing driveway does not exceed maximum allowable driveway width.

Access drives initially constructed after March 1, 2009, shall not be located within 30 feet of another access drive. The thirty-foot separation standard shall not apply to the reconstruction or resurfacing of an existing access drive, provided the existing driveway does not exceed maximum allowable driveway width.

For commercial and industrial uses, access drives shall not be located within 15 feet of a property line. The fifteen-foot separation shall not apply to the reconstruction or resurfacing of an existing access drive, provided the existing driveway does not exceed maximum allowable driveway width.

Internally, access drives shall be separated from abutting access drives by a five-foot landscaping buffer. The required internal landscaping buffer shall not apply to the reconstruction or resurfacing of an existing access drive, provided the existing driveway does not exceed maximum allowable driveway width.

Additional required parking in the Central Business (CB) District.

With the exceptions noted below, parking shall be provided in accordance with the requirements of this section of this ordinance.

Parking in the Central Business District.

Off site parking. Parking required by this section need not be provided on the same site as the proposed development but may be located on any parcel of suitable size with available excess parking spaces located within the Central Business District, provided there is a legally binding easement filed with the Hampden County Registry of Deeds between the owner of the parcel to be used for parking and the owner of the proposed development and such site is landscaped in accordance with the provisions of Subsection E.

No additional off-street parking or loading space is required for the following:

[a]

Town buildings and Town properties.

[b]

Continued use or reuse of existing buildings, as long as that use or reuse does not increase the total floor area within the building.

[Amended 5-17-2021[6]]

Editor's Note: This ordinance also repealed former Subsection C(7)(c), which immediately followed this subsection, and which pertained to the conditions under which uses shall be considered existing.

Drainage.

No surface water shall be allowed to enter a public or private street or way. Surface water from parking areas constructed or reconstructed after January 1, 2015, shall meet the requirements of the Town of West Springfield Stormwater Ordinance and Chapter 204, Stormwater Management, Article I, of West Springfield's General Ordinances.

Adequate measures shall be implemented to prevent pollution of surface water or groundwater, to minimize erosion and sedimentation, and to prevent changes in groundwater levels, increased run-off and potential for flooding. Drainage shall be designed in accordance with the Massachusetts Stormwater Handbook so that off-site run-off shall not be increased, groundwater recharge is maximized, and neighboring properties will not be adversely affected. Increased runoff from parking areas shall be recharged on-site by being diverted to vegetated surfaces for infiltration or through the use of detention ponds.

The Planning Board shall require that all applicable design criteria are followed for LID parking area design as defined in Subsections F(3) of this section unless it determines, upon petition from the applicant, that the successful implementation of a LID parking area design is infeasible or would impose an undue hardship on the applicant. Where the Planning Board determines that LID parking area design is infeasible, the applicant shall comply with those specifications for conventional parking area design listed in Subsection F(2). Evidence that may be used by an applicant to demonstrate the infeasibility of implementing LID techniques on a site may include, without limitation:

The presence of subsurface geologic conditions such as ledge or large quantities of poor fill;

Applicant does not own existing lot to be used for off-site parking allowances;

The presence of soil contamination; and/or

Existing topography or site geometry;

Provided there is no classification of the facility as a higher potential pollutant load facility.

Landscaping.

Except for single- and two-family structures, all parking areas shall be screened from abutting streets by a landscaped buffer which shall be a minimum of five feet in width and which may include plantings, earthen berms or fences complemented with plantings. Plantings shall be in accordance with Subsection E(6).

At all street or driveway intersections, trees or shrubs shall be planted so that they do not present a pedestrian or vehicular visibility hazard. No trees or shrubs shall be planted in a way so as to obstruct sight lines of motorists. At intersections within parking lots, landscaping shall be maintained so as to not obscure site distances.

All landscaped areas as required by this ordinance shall be properly installed and maintained in accordance with § 300-13.8. Shrubs or trees which die shall be replaced within one growing season.

Within parking areas which have internal parking spaces, an intermediary landscaped island shall be installed at regular intervals. (See Diagram 9-2.[7]) This interval shall not be more than every 10 spaces. The width of landscaped islands shall be nine feet. In parking areas which only include perimeter parking, no intermediary landscaped islands shall be required. (See Diagram 9-1.[8]) A landscape island with a minimum of nine feet in width at the ends of all internal parking rows shall be required. (See Diagram 9-2.)

There shall be no parking space which directly abuts the principal or accessory building; there shall be at least eight feet of separation between all parking and buildings. This separation may consist of landscaping or a sidewalk/walkway area. (See Diagram 9-1.[9])

[9]

Editor's Note: Diagram 9-1 is included as an attachment to this chapter.

At least four shade tree and eight shrubs per 20 parking spaces or fraction thereof shall be provided within the landscaped islands. The Planning Board may approve alternative configurations of landscape islands through site plan review as long as the ratio of parking spaces and landscaping remains the same.

[7]

Editor's Note: Diagram 9-2 is included as an attachment to this chapter.

[8]

Editor's Note: Diagram 9-1 is included as an attachment to this chapter.

In cases where landscaped islands are not required, a minimum of two ornamental shade trees and four shrubs per 10 parking spaces, or fraction thereof, must be provided and maintained along the border of the parking area. In no case shall fewer than two trees and four shrubs be provided.

Plant selection. No tree, shrub or plant shall be proposed for use within a parking area that has been identified as an invasive species by the Massachusetts Plant Advisory Group in the latest version of the Evaluation of Non-Native Plant Species for Invasiveness in Massachusetts (with annotated list), has been identified as invasive or banned on the Massachusetts Prohibited Plant List as periodically updated by the Massachusetts Department of Agricultural Resources, or in any other reputable scientific publication that may be acceptable to the Board. All size and location design elements shall comply with the following specifications:

Shade or canopy trees shall be three inches' DBH with a height of not less than 12 feet above grade at the time of planting;

Ornamental, small or flowering fruit trees shall be two inches' DBH with a height of not less than seven feet above grade at the time of planting;

Shrubs shall be not less than two feet in height above grade at the time of planting;

Ornamental grasses shall not be considered shrubs;

Within the property, maintained lawn areas are encouraged over mulch or stone;

All landscaping within the public right-of-way shall be maintained lawn. Bark mulch and stone are not allowed.

Landscaping standards for parking lot stormwater management.

Landscaping is required for all parking lots for new projects or for existing businesses if the impervious footprint is expanded. Such parking lots may be designed in one of two ways as related to stormwater management: 1) low-impact development (LID) parking area design; or 2) conventional parking area design.

LID landscaping plans shall retain the first one inch of runoff from all impervious surfaces on-site or provide the level of pollutant removal equal to or greater than the level of pollutant removal provided through the use of biofiltration on the first one inch of runoff from all impervious surfaces on site. This standard shall be met through a combination of practices designed to retain runoff on site where technically feasible, and stormwater BMPs designed to treat the remainder of runoff that cannot be retained on site due to site constraints. The level of pollutant removal from BMPs shall be calculated consistent with EPA Region 1's BMP Performance Extrapolation Tool. (http://www.epa.gov/regionl/npdes/stormwater/)

Conventional parking area design shall denote a parking lot landscape design that does not meet the criteria for LID parking area design.

Acceptable LID techniques shall include, but are not limited to: vegetated swales, rain gardens or bioretention facilities, permeable pavers, infiltration facilities and constructed wetlands. Cisterns and grey water systems that recycle stormwater runoff may also be included in these calculations.

Conventional parking area design standards. The landscaping requirements in this section are intended to provide a baseline set of standards toward reducing the visual impacts of large areas of pavement, improving the overall environment or parking areas by providing areas for shade and heat reduction, and enhancing the overall aesthetic appeal of parking areas. The landscaping standards in Subsection E shall apply to conventional parking lot design as defined in this ordinance.

LID parking area design standards. The purpose of these standards is provide the Zoning Enforcement Officer or the parties involved with site plan review the opportunity to review plans for a lower-impact approach to managing stormwater in parking areas. The following information is therefore required of an applicant choosing to treat any portion of a parking lot with LID stormwater management techniques. This information shall be prepared by a Massachusetts registered professional engineer and shall comply with the design and implementation guidelines provided in the latest version of the Massachusetts DEP Stormwater Management Manual. Where portions of the parking lot are not using acceptable LID techniques, the standards for conventional parking lot design in Subsection F(2) shall apply.

Delineation of all drainage areas, inclusive of areas outside of the parking envelope that will contribute stormwater runoff to the parking area;

Proposed topography at two-foot contour intervals;

Site plan showing drainage pathways and locations of proposed BMPs;

Typical profiles of BMPs;

Sizing calculations for BMPs that demonstrate adequate conveyance and/or water quality treatment of the first half inch of stormwater runoff from impervious surfaces;

Sizing calculations for BMPs that illustrate proposed management of runoff resulting from two-, ten-, and one-hundred-year events;

(g)

List of plantings associated with vegetated BMPs;

(h)

Location of areas reserved for snow storage;

(i)

Location of test pits, depth to seasonal high groundwater and soil percolation rates for those areas designated for recharge;

(j)

Schematic diagrams of any gray water or cistern systems proposed for the parking area;

(k)

An operation and maintenance (O&M) plan shall be submitted by the applicant to the Planning Board that conforms to the standards for O&M plans detailed in the most recent version of the Massachusetts DEP Stormwater Management Manual.

Space requirements. For the uses herein set forth, motor vehicle parking accommodations shall be provided as in Table 9-1 as follows:

In the case of mixed uses and uses with two or more different functional areas, the total requirements for off-street parking spaces shall be the sum of the requirements for each of the various uses.

Where parking is determined by the number of seats and continuous seating such as pews or benches is provided, every 18 inches of bench or pew shall represent one seat.

The Planning Board may approve a reduction in the number of improved parking spaces with the remainder being set aside as future parking, provided that the total number of improved and set-aside parking spaces meets or exceeds the minimum number of parking spaces required by this section, except as provided by Subsection G(4).

The number of required parking spaces may be reduced through a special permit process. See Subsection H.

All display areas, customer parking, and employee parking shall be clearly marked for all uses included in Table 9-1.

Table 9-1 Off-Street Parking Requirements
Use		Motor Vehicle Parking Accommodations
Residential Use
Single- and two-family dwellings		2 spaces per dwelling unit
Multifamily uses:
	1-room efficiency unit	1 1/2 spaces per unit
	Units with 2 or more rooms	2 spaces per unit
Boarding or lodging house		1 space per boarding/lodging unit
Home occupation		2 spaces plus 1 space per employee
Housing for the elderly (i.e., dwellings designed for and occupied exclusively by persons 60 years of age or older)		2 spaces per unit, except 1 space per unit for subsidized housing
Health Services
Medical and dental offices and office buildings		1 space per 200 square feet of gross floor area, exclusive of basements and garages used solely for utility and storage purposes, or 5 for each practitioner, whichever is greater
Hospitals		1 space per bed, plus 1 space per employee on the largest shift
Convalescent and nursing homes		1 space per 4 beds, plus 1 space per employee on the largest shift
Adult day health facility		2 spaces, plus 1 space per employee, plus adequate stacking for drop-off and pick-up vans
Commercial and Industrial
Retail establishment		1 space per 200 square feet of gross floor area, exclusive of basements and garages used solely for utility and storage purposes
Furniture store		1 space per 750 square feet of gross floor area, exclusive of basements and garages used solely for utility and storage purposes
Major appliance store		1 space per 700 square feet of gross floor area, exclusive of basements and garages used solely for utility and storage purposes
Convenience store		1 space per 150 square feet of gross floor area, exclusive of basements and garages used solely for utility and storage purposes; a minimum of 4 spaces is required
Professional, business and insurance office		1 space per 300 square feet of gross floor area, exclusive of basements and garages used solely for utility and storage purposes
Bed-and-breakfast use		2 spaces plus 1 space per rooming unit
Bank		1 per 200 square feet of gross floor area plus 6 stacking spaces for each drive-up window
Motel and hotel		1 1/4 spaces per unit
Health club		1 space per 150 square feet of gross floor area, exclusive of basements and garages used solely for utility and storage purposes
Child-care facility		2 spaces, plus 1 space per employee, plus adequate stacking for drop-off and pick-up vans
Barber shop, nail salon, and beauty parlor		2 spaces per chair or station
Motor vehicle repair, motor vehicle body shop, detailing shop, and service station		3 spaces per service bay (The service bay shall not be used to meet the required parking standard.)
Automotive sales		1 space per 600 square feet of gross floor area
Car wash		1 space for each wash stall, plus 2 additional. The wash stall shall not be construed as a required parking space. Additional requirement for self-service car wash: 3 stacking spaces per wash stall
Restaurant		1 space per 2 1/2 seats; 1 additional space for each employee on largest shift
Fast-food restaurant; take-out restaurant		1 space per 1 3/4 seats; minimum of 5 spaces is required
Bar, tavern or nightclub		1 space per 100 square feet of gross floor area
Membership club; lodge		1 space per 50 square feet of assembly area
Drive-through business		In addition to the parking spaces required by this section, all drive-through business operations wherein patrons customarily stop or wait in line in motor vehicles for service shall have on premises space to accommodate any waiting line so that such vehicles do not wait on streets and sidewalks and do not obstruct traffic flow and parking spaces within the site. A minimum of 6 stacking spaces shall be provided. Through the special permit process, the Planning Board may require additional stacking spaces due to specific use and location.
Industrial, manufacturing, warehouse and wholesale use		1 space per 2 employees of the 2 largest shifts combined and customarily employed on the premises
Supermarket		1 space per 200 square feet of gross floor area
Discount club, warehouse club, warehouse supermarket		1 space per 200 square feet of gross floor area
Contractor's yard		1 space per employee on the largest shift, plus 1 space per 1,000 square feet of gross floor area
Personal and consumer service establishment, including, but not limited to: laundry or dry cleaning; photographer; repair shop for household appliances or business equipment; photocopy shop; typically an establishment where items are dropped off and picked up at a later date		1 space per 300 square feet of gross floor area
Recreational
Billiard hall		2 spaces per table
Bowling alley		4 spaces per alley
Golf course		4 spaces per hole
Golf driving range		1 1/4 spaces per tee
Miniature golf		1 1/2 spaces per hole
Shooting range		1 space per target area
Tennis, handball or racquetball facility		3 spaces per court
Indoor place of assembly with fixed seating capacity, including theaters, auditoriums, churches and arenas		1 space per 4 seats
Indoor place of assembly without fixed seats, including libraries, art galleries, recreation and community centers or other places of amusement		1 space per 250 square feet of floor area
Educational
Elementary and middle school		1 space per employee, plus 1 space per classroom
High school		1 space per employee, plus 1 space per 10 students
Trade school		1 space per employee, plus 1 space per 2 students
Other
Any use permitted by this ordinance not interpreted to be covered by this table		Closest similar use as shall be determined by the Planning Board

Accessible parking spaces.

In accordance with the requirements of the 521 CMR Architectural Access Board, Table 9-2 establishes the minimum number of accessible parking spaces in addition to the spaces required by Table 9-1 of this section. All accessible spaces shall comply with the 521 CMR Architectural Access Board accessibility guidelines.

One in every eight accessible spaces, but not less than one, shall be van-accessible and have an access aisle eight feet in width.

Accessible spaces are required to be located with and adjacent to access aisles of five feet in width.

Table 9-2 Accessible Parking Spaces
Total Parking Spaces in Lot	Accessible Spaces (required minimum)
1 to 25	1
26 to 50	2
51 to 75	3
76 to 100	4
101 to 150	5
151 to 200	6
201 to 300	7
301 to 400	8
401 to 500	9
501 to 1,000	2% of total
1,001 and over	20, plus 1 space for each 100 over 1,000

Off-street loading facilities.

Adequate off-street loading/unloading space with proper access from a street shall be provided whenever the normal operation of any development requires that foods, merchandise or equipment be routinely delivered to or shipped from that development.

The loading/unloading area must be of sufficient size to accommodate the number and types of vehicles that are likely to service the use of the property, given the nature of the development proposed. Off-street loading/unloading areas shall be provided for each use as set forth below:

Retail, restaurant; one space for the first 10,000 square feet of floor area, plus one space for each additional 15,000 square feet.

Office: one space for the first 10,000 square feet of floor area, plus one space for each additional 40,000 square feet.

Hotel, motel, recreational facility: one space for the first 10,000 square feet of floor area, plus one space for each additional 100,000 square feet.

Service and repair enterprises: one space for the first 10,000 square feet of floor area, plus one space for each additional 30,000 square feet.

Warehousing, wholesale, manufacturing, and motor vehicle sales, rental and service establishments: one space for the first 5,000 square feet of floor area, plus one space for each additional 30,000 square feet.

All off-street loading/unloading areas shall be designed and constructed to accommodate the largest vehicles likely to service the use of the property, but in no case shall loading/unloading spaces be less than 12 feet in width and 25 feet in length and have a minimum of 14 feet of overhead clearance from roadway grade.

Loading/Unloading areas shall be so located and designed so that the vehicles intended to use them can maneuver safely and conveniently to and from a public right-of-way and complete the loading/unloading operations without obstructing or interfering with any public or private right-of-way or impede the circulation of vehicles in any off-street parking or driving area.

No area allocated for loading/unloading facilities or for dumpsters or trash facilities may be used to satisfy the area requirements for off-street parking, nor shall any portion of any off-street parking area be used to satisfy the area requirements for loading/unloading facilities or dumpster or trash facilities.

Special permit exception.

In order to alleviate any substantial hardships resulting from § 300-9.0, to encourage cooperative development of parking areas and, in general, promote more efficient use of land within West Springfield, the Planning Board may grant a special permit to allow petitioners to waive or reduce the requirements of this ordinance and/or provide fewer than the required parking spaces.

The Planning Board shall not grant such a permit until it has received written recommendations from the Planning Division, Traffic Safety Officer, Fire Department, and Town Engineer, provided such recommendations are presented to the Planning Board within 14 days of the publication of the first legal notice for any required public hearing. The request for a special permit shall be accompanied by:

A site plan clearly depicting parking spaces and required landscaping, including arrangement of proposed trees, shrubs, pedestrian paving and other such features.

A written statement including the reasons why the ordinances should be waived or reduced which will clearly demonstrate to the Planning Board that the petitioner cannot meet the required standards.

For a reduction in parking, a written statement including parking data for similar land uses within the zoning district which will clearly demonstrate to the Planning Board that the number of parking spaces proposed will be sufficient to meet current and projected demand and will not impose a burden on on-street parking on adjacent public or private ways. For on-site shared parking, a written statement including the amount of parking required for each parcel involved which will clearly demonstrate to the Planning Board that the number of parking spaces proposed to be shared is adequate.

Note 1. Any conditions set forth by the Planning Board as prerequisites for the granting of a special permit shall run with the land and shall be contained in a covenant, recorded in the Hampden County Registry of Deeds, between the petitioner(s) and the Town.

Note 2. Expansion, alteration or change of use shall not be allowed for any structure served by parking facilities for which a special permit has been granted under this Subsection I(1) unless the owners and/or operators of such structure obtain a new special permit dealing with any changed parking needs resulting from such expansion, alteration or change of use.

Contained within the application for a special permit, the Planning Board may require a formal parking study prepared by an engineer registered in the Commonwealth of Massachusetts that will include the following:

Size and type of existing uses on site;

Size and type of proposed uses on site;

Rate of parking turnover;

Peak traffic and parking loads to be encountered;

Availability of public transit, bicycle infrastructure, and pedestrian infrastructure;

Professional recommendations;

(g)

Other factors identified by the Planning Board.

Through the special permit process to reduce parking space requirements or utilize on-site shared parking areas, the Planning Board may:

Reduce the number of required parking spaces by no more than 25% of the required spaces where the parcel is located in a walkable neighborhood, a bus pass sponsor program is offered by the applicant, or when the property is located within 1/4 mile of a bus stop;

Allow for, in accordance with the Traffic Rules and Orders,[10] the use of 100% of on-street parking located along a parcel's boundaries where parking is allowed on both sides of the street and 50% of on-street parking along a parcel's boundaries where parking is allowed on one side of the street. The applicant must:

Pay for the marking of the on-street parking lines per Town standards;

Obtain a permit from the DPW before working in the public way; and

Receive a final inspection of the marking by the DPW.

[10]

Editor's Note: See Ch. 400, Traffic Orders.

Allow for on-site shared parking between building uses and abutting properties where applicants may propose a reduction in parking requirements based on an analysis of peak demands. Up to 75% of the requirements for the predominant use may be waived by the Planning Board if the applicant can demonstrate that the peak demands for two uses do not overlap. An applicant shall provide the latest peak demand analyses published by the Institute of Traffic Engineers (ITE) or other source acceptable to the Planning Board.

In making its decision, the Planning Board must make written findings on the following mandatory standards requiring that the proposed deviation will:

Be in harmony with the purpose and intent of the parking ordinance;

Provide adequate off-street parking to serve the use(s) for which it is intended.

Not create, or add to, an unsafe traffic situation; and

Allow for the proposed parking layout and landscaping to be in conformity with all applicable zoning ordinance requirements.

§ 300-9.1 Common driveways.

Common driveways shall be allowed in all Residential, Business and Industrial Districts as an accessory use subject to the following performance standards:

The frontage of any lot served by the common driveway shall provide safe and adequate access to the respective individual lots and shall not be encumbered by steep slopes, wetlands or vehicular safety devices required by a government agency (guard rails, barriers, etc.) which prohibit access to the buildable portion of the individual lots.

Each common driveway shall serve no more than two building lots and shall be designed to provide safe and convenient access to the lots served.

All vehicular parking areas associated with a common driveway shall be located to the side or rear of the principal structure which the parking area serves and shall be separate and distinct from the driveway required for ingress and egress to the parking area.

An easement that details access and maintenance rights shall be recorded at the Registry of Deeds to the benefit of the parties served by the common driveway.

§ 300-9.2 Signs.

Purpose. The purpose of the sign regulations as set forth in this section shall be the following:

To protect public and private investments in buildings and open spaces;

To encourage signs which, by their location and design, are harmonious to the buildings and sites which they occupy, and which eliminate excessive and confusing sign display;

To promote more effective visual identification of commercial, industrial and other activities within the Town;

To maintain and enhance the Town's ability to attract sources of economic development and growth;

To eliminate potential hazards to motorists and pedestrians;

To promote the public health, safety, and general welfare;

To regulate on-premises signs in a legal and reasonable manner; and

(8)

To ensure compliance with constitutionally protected First Amendment rights.

Applicability.

The provisions of this section shall apply to the construction, erection, alteration, use, location, and maintenance of all on-premises signs located out-of-doors, to those signs affixed on any part of a building or freestanding for the express purpose of being visible from the exterior of the building.

No sign larger than one square foot related to a residential and/or commercial use shall be erected, altered, displayed, relocated, enlarged or created without first obtaining a permit from the Building Inspector. At minimum, all applications shall include a scale drawing specifying dimensions, illumination, materials and location on land or buildings.

Definitions. As used in this section, the following terms shall have the meanings indicated:

A-FRAME SIGN

A single- or double-faced movable sign that is intended to be used on a sidewalk or pedestrian way in front of the business for which the commercial message is intended.

AREA OF SIGN

The area of a sign shall be considered to include all lettering, wording, and accompanying designs and symbols, together with the background on which they are displayed, any frame around the sign and any "cutouts" or extensions, but shall not include any supporting structure or bracing.

The area of a sign consisting of individual letters or symbols attached to or painted on a surface, building, wall or window shall be considered to be that of the smallest quadrangle or triangle which encompasses all of the letters and symbols.

The area of a sign consisting of a three-dimensional object shall be considered to be the area of the largest vertical cross-section of that object.

In computing the area of back-to-back signs, only one side of such signs shall be included.

The supporting structure around the perimeter of a sign area as defined above shall not exceed 50% of the allowable sign area and shall not be internally illuminated.

The area of a base and supporting structure for a freestanding sign shall not exceed 50% of the size of the allowable sign square footage and shall not be internally illuminated. Raised landscaping features less than 24 inches in height shall not be included in this calculation.

BILLBOARD, DIGITAL/ELECTRONIC

The area of a base and supporting structure for a monument sign shall not exceed 100% of the size of the allowable sign square footage and shall not be internally illuminated.

BANNER

Any sign made of fabric or other non-rigid material with no enclosing framework, that is mounted to a pole or building at one or more edges.

BILLBOARD

A fixed or dynamic single- or multiple-sided, freestanding sign larger than 50 square feet in gross area which does not advertise a business or profession conducted, a service offered or a commodity sold upon the premises where such sign is located, and which is subject to Massachusetts General Law Chapters 93 and 93D, and the rules and regulations of the Office of Outdoor Advertising.

[Added 3-15-2021]

An electronic message display utilizing light-emitting diodes (LEDs), plasma or other technology that presents static or multiple static advertisements on a rotating basis, freestanding, which does not advertise a business or profession conducted, a service offered or commodity sold upon the premises where such sign is located, and which is subjected to the rules and regulations of the Office of Outdoor Advertising.

[Added 3-15-2021]

BUILDING SIGN

Any sign attached to any part of a building, as contrasted to a freestanding sign.

CANOPY SIGN

Any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

CHANGEABLE-COPY SIGN, ELECTRONIC (ECCS)

A sign or portion thereof that displays electronic, pictorial or text information in which each alphanumeric character/image is defined by a small number of matrix elements using different combinations of light-emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic changeable-copy signs include computer-programmable, microprocessor or controlled electronic displays. Electronic changeable-copy signs include projected images or messages with these characteristics onto buildings or other objects. Also known as "electronic message centers."

CHANGEABLE-COPY SIGN, MANUAL (MCCS)

A sign or portion thereof which displays information in which each alphanumeric character, graphic or symbol may be changed or rearranged manually or mechanically with characters, letters, or illustrations without altering the face or the surface of the sign. Said characters, letters, or illustrations shall not consist of individually illuminated devices.

COMMERCIAL MESSAGE

Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity. The erection of more than two flags on property used for a commercial purpose shall be considered a commercial message.

CONSTRUCTION SIGN

A temporary sign of an architect, engineer, or contractor, erected during the period such person is performing work on the premises on which such sign is erected.

DEVELOPMENT SIGN

A sign used to direct attention to a site which includes a lot or lots considered as a unit for development purposes where the lot or lots are occupied by more than one use, whether in the same structure or not.

DIRECTIONAL SIGN

An off-premises sign which indicates the direction or distance to a geographic area, but does not identify or advertise any particular commercial or noncommercial enterprise or group of commercial or noncommercial enterprises.

FOR SALE, RENT OR LEASE SIGN

A temporary sign advertising real property for sale, rent or lease.

FREESTANDING SIGN

A self-supporting sign not attached to any building, wall, or fence, but in a fixed location. This does not include portable or trailer-type signs.

IDENTIFICATION SIGN

A sign used simply to identify the name, address and title of an individual family or firm occupying the premises on which the sign is located.

INCIDENTAL SIGN

A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as "no parking," "entrance," "loading only," "telephone," and other similar directives. No sign with a commercial message legible from a position off the lot on which the sign is located shall be considered incidental.

LOGO

A graphic representation or symbol of a company name, trademark, abbreviation, etc., often designed for ready recognition.

LOT

For the purposes of this section, "lot" shall refer to a site which includes a single lot or multiple lots which are utilized as a single unit. A lot may contain more than one building or business.

MARQUEE

Any permanent, roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

MARQUEE SIGN

Any sign attached to, in any manner, or made part of a marquee.

MONUMENT SIGN

A freestanding sign fixed to the ground by means of a permanent foundation in which the area containing the support poles is replaced or covered by a pedestal structure and the total height of the sign and support structure is not more than eight feet.

NONCOMMERCIAL MESSAGE

A message that does not, in any sense, involve commerce.

NONCONFORMING SIGN

Any sign that does not conform to the requirements of this ordinance.

OFF-PREMISES SIGN

Any sign, except for billboards or digital billboards located in the Billboard Overlay District, that advertises or indicates someone other than the person occupying the premises on which the sign is erected or maintained, or some business or businesses other than that transacted thereon, or advertises another property or any part thereof as for sale or rent.

[Amended 3-15-2021]

ON-PREMISES SIGN

Any sign that advertises or indicates the occupant of the premises on which the sign is erected or maintained.

POLITICAL SIGN

A noncommercial sign erected to show support for a candidate for public office or to express a political opinion.

PORTABLE SIGN

Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of a business.

PROJECTING SIGN

A sign which is affixed to a building or other structure and which extends more than six inches beyond the surface to which it is affixed.

ROOF SIGN

A sign which is located above, or projected above, the lowest point of the eaves or the top of the parapet wall of any building, or which is painted on or fastened to a roof.

SIGN

Any symbol, design, or device used to identify or advertise any place, business, product, activity, person, idea or statement.

SPECIAL EVENT SIGN

A temporary sign used in connection with a circumstance, situation, or event (i.e., church bazaar, grand opening, fair, circus, festival, performance, or competition) that is expected to be complete within a reasonably short or definite period.

TEMPORARY SIGN

Any sign, including its support structure, intended to be maintained for a continuous period of not more than 30 days.

VIDEO DISPLAY SIGN, ELECTRONIC (EVDS)

A sign that changes its message or background in a manner or method of display characterized by motion or pictorial imagery, which may or may not include text, and depicts action or a special effect to imitate movement, the presentation of pictorials or graphics displayed in a progression of frames which give the illusion of motion, including but not limited to illusion of moving objects, moving patterns, bands of lights, expanding or contracting shapes, not including electronic changeable-copy signs. Video display signs also include projected images with these characteristics onto buildings or other objects.

WALL SIGN

Any sign which is painted on, incorporated into, or affixed parallel to the wall of a building, and which extends not more than six inches from the surface of that building.

WINDOW SIGN

Any sign, pictures, symbol, or combination thereof or any material affixed directly to the surface of the window and/or inside a building within three feet of the window or door, the purpose of which is to be viewed or visible from the outside. A window sign does not include any item of merchandise normally displayed within a merchant's window.

General regulations.

Permitted signs. Only signs which refer to a permitted use or an approved conditional use as set forth in the West Springfield Zoning Ordinance are permitted, provided such signs conform to the provisions of this section.

Prohibited signs.

Off-premises signs are not permitted, except for billboards and digital billboards located within the Billboard Overlay District.

[Amended 3-15-2021]

Signs which project above the peak of a roof are not permitted, except for billboards and digital billboards located within the Billboard Overlay District.

[Amended 3-15-2021]

Portable signs are not permitted.

Flashing signs, signs containing moving parts, inflatable signs, tethered balloon signs, and signs containing reflective elements which sparkle in the sunlight are not permitted. Notwithstanding any other provisions related to nonconforming signs within this ordinance, any freestanding sign in existence as of December 1, 2008, containing a flashing element shall be allowed to remain in existence in its current geometric dimensions and illumination.

Any sign advertising or identifying a business or organization which is either defunct or no longer located on the premises is not permitted.

No private sign shall be placed on a public property, except for billboards and digital billboards located within the Billboard Overlay District.

[Amended 3-15-2021]

Exempted signs.

Any traffic, informational or directional sign owned and installed by a governmental agency shall be permitted.

Signs necessary to warn of a hazard shall be permitted as required to accomplish these purposes.

Signs relating to trespassing and hunting not exceeding two square feet in area shall be permitted. One sign per 50 feet of frontage is allowed.

Any sign required by law or by governmental order, rule or regulations.

Numbers used to identify the street address of a building or structure.

Signs identifying the occupants of a dwelling, provided that such signs do not exceed one square foot in area and, if freestanding, do not exceed six feet in height.

(g)

Signs not visible off the premises on which they are located.

(h)

Window signs.

General standards. Any exterior sign or advertising device hereafter erected or maintained must, unless expressly provided; conform to the following restrictions in all districts:

With the exception of canopy and marquee signs, no sign shall project over or into any pedestrian or vehicular way.

No sign, together with any supporting framework, shall extend to a height above the maximum building height in the underlying zoning district, except for billboards and digital billboards located within the Billboard Overlay District.

[Amended 3-15-2021]

A sign or its illuminator shall not, by reason of its location, obstruct the view of any official traffic sign, traffic signal or traffic marking.

All signs shall comply with the regulations for the erection and construction of signs contained in other applicable Town regulations, except as shall be under the jurisdiction of MGL c. 93, §§ 29 through 33, inclusive.

Only sign types in Table 9-3, Types of Permitted Signs, shall be permitted.[1]

Editor's Note: Table 9-3 is included as an attachment to this chapter.

No sign permit shall be issued for an additional sign or to allow for a structural alteration to an existing sign on a lot or structure upon which exists a preexisting nonconforming sign unless the nonconforming nature of the preexisting sign is brought into conformity with the ordinance. Structural maintenance or repair is allowed.

Signs requiring a special permit from the Planning Board. The Planning Board shall be the special permit granting authority for § 300-9.2.

The special permit granting authority shall consider requests for special permits in accordance with Article XII of this Zoning Ordinance. Site plan review is not required, provided that all special permit requirements of this article are met.

The special permit granting authority may grant a special permit for signs requiring special permits per the provisions of this article, provided that:

The sign's scale is determined to be in reasonable relation to the development scale, viewer distance and travel speed, and sign sizes on nearby structures; and

The sign's size, shape, and placement serve to define or enhance architectural elements of the building such as columns, sill lines, cornices, and roof edges, and do not unreasonably interrupt, obscure, or hide them; and

The sign's design is in harmony with other signage on the same or adjacent structures, and provides reasonable continuity in the mounting location and height, proportions and materials; and

The sign's materials, colors, lettering style, illumination and form are reasonably compatible with the building design, neighborhood context and use; and

The sign's size, location, design and illumination are not judged to present a safety hazard to vehicular or pedestrian traffic.

Notwithstanding the above, the special permit granting authority shall not grant special permits for signs specifically prohibited by Subsection D(2).

The special permit granting authority may add conditions in granting a special permit, including, but not limited to: color, size, illumination, hours of illumination, and removal.

Illumination standards.

No sign shall incorporate or be lighted by flashing or blinking lights, or be designed to attract attention by a change in intensity or by repeated motion, unless otherwise allowed by Subsection H(8).

The light source shall be shaded from view off the premises.

Sign location and size. All signs must conform to the sign standards in Tables 9-4A and 9-4B.[2]

Editor's Note: Tables 9-4A and 9-4B are included as attachments to this chapter.

Standards for specific types of signs. In addition to conforming to the sign standards of Tables 9-4A, 9-4B, Permitted Sign Uses,[3] signs must comply with the following applicable standards:

Wall signs.

Wall signs shall be firmly anchored to the wall of the principal structure and shall not extend above the wall of the structure.

Signs on adjacent storefronts and on multitenant buildings shall be coordinated in terms of lighting, style, and mounting height.

Freestanding signs.

Freestanding signs may be placed in a side or a rear yard in accordance with site plan review.

Freestanding signs shall not be placed so as to interfere with vehicular or pedestrian traffic.

Canopy signs.

Canopy signs must be integrated into the material of the canopy or attached flat against the surface of the canopy and be no thicker than 3/4 inch.

A minimum of eight feet above sidewalk level must be allowed for pedestrian clearance.

The area of a canopy sign shall be calculated upon the smallest quadrangle or triangle which encompasses all of the letters and symbols.

Construction signs. One temporary sign of an architect, engineer, or contractor erected during the period such person is performing work on the premises on which such sign is erected shall be permitted.

For sale, rent, or lease signs. Any temporary sign advertising property for sale or lease shall be permitted, provided:

Such signs shall advertise only the property on which the sign is located.

The sign shall be removed by the owner or agent within 30 days of rent, sale, or lease.

Signs related to noncommercial messages. Noncommercial messages are permitted in all zoning districts.

Off-premises signs. All current off-premises signs in existence as of the date of this ordinance must meet the following requirements:

All off-premises signs shall be required to obtain a permit from the Outdoor Advertising Board as outlined in 711 CMR 3.00 et seq.[4]

Editor's Note: See now 700 CMR 3.00, Control and Restriction of Billboards, Signs and Other Advertising Devices.

An off-premises sign which advertises multiple businesses, products, or the like shall be designed in an integrated and uniform manner.

No off-premises sign shall be located with 1,000 feet of any other off-premises sign or within 250 feet of another sign.

(8)

Changeable-copy sign, electronic.

A changeable-copy sign that uses a matrix of illumination elements (white and/or colored), including but not limited to light-emitting diodes (LEDs), liquid crystal display (LCD), plasma display, or other digital or electronic media to display or project text and/or images that can be modified by electronic processes.

Permitted locations. Electronic changeable-copy signs are permitted only in accordance with Table 9-3.[5]

Editor's Note: Table 9-3 is included as an attachment to this chapter.

Electronic changeable-copy signs are only allowed as a component or element of a permitted sign in accordance with Table 9-3.

Dimensions. The area of each electronic changeable-copy sign as a component or element of a specific sign type shall be restricted to the percentage of the specific sign type in which it is a component as per Table 9-3. Where applicable, the percentage area listed in Table 9-3 shall apply per sign face (each sign may have two faces).

Permitted signs containing electronic changeable-copy signs components may be internally or externally illuminated.

Setbacks: 10 feet from the property line or half the distance from the property line if less than 10 feet.

Pixel pitch. The pitch of the LED portion of the sign shall be a maximum of 36 millimeters.

Electronic image sign: a sign or portion thereof that displays electronic pictorial information, in which each static display image is defined by a small number of matrix elements using different combinations of light-emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic image sign display may include pictorial images, which may or may not include alphanumeric characters. Electronic image signs include computer-programmable, microprocessor or controlled electronic displays. Each static display may contain multiple colors and color shading. Electronic image signs shall conform to the provisions of Subsection H(8)(d), General requirements for all electronic signs.

Electronic message sign: a sign or portion thereof that displays electronic, nonpictorial information, in which each is defined by a small number of matrix elements using different combinations of light-emitting diodes (LEDs), fiber optics, light bulbs or other illumination devices within the display area. Electronic message signs include computer-programmable, microprocessor or controlled electronic displays. Electronic message signs are restricted to display alphanumeric characters only; pictorials, video, animation, images and scrolling text are prohibited. Electronic message signs are restricted to no more than three colors, including the background as one color during each static display; shading of colors is prohibited. Electronic message signs shall conform to the provisions of Subsection H(8)(d), General requirements for all electronic signs.

General requirements for all electronic signs.

Electronic signs shall not:

[a]

Incorporate video, animation, or scrolling of text or images.

[b]

Emit any sound.

[c]

Cause beams or rays of light to be directed at any portion of the traveled way, when such beams or rays are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle or otherwise interfere with the operation of a motor vehicle.

[d]

Obscure or interfere with the effectiveness of an official traffic sign, device or signal. Signs located within 200 feet of a traffic signal shall not be illuminated in a solid red, solid yellow, or solid green color.

[e]

Changing images or messages shall not rotate, sparkle, blink, or fluctuate in light intensity or use intermittent stroking, or moving light, or in any manner create the illusion of movement.

Content. Sign content, including, but not limited to, information, advertising, promotion and images, shall be restricted to the uses, services, products and activities specific to the property on which the sign is located.

Brightness. The brightness of an electronic sign shall not exceed 0.3 footcandle above ambient light conditions. The ambient light reading shall be taken at least 30 minutes past sunset with the sign turned off or displaying all black copy. The fully lit reading shall be taken with the sign displaying all white copy. Measurement of the light levels shall be taken perpendicular to the face of the sign at a distance of 100 feet from the source.

Dimmer control. Signs shall have at least one photo sensor and automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one half-hour before sunset and one half-hour after sunrise. Each photo sensor shall:

[a]

Be designed to continually operate in direct sunlight;

[b]

Be situated to measure ambient light;

[c]

Be contained in a waterproof enclosure which shall allow easy access to the photo sensors;

[d]

Allow light sensing; and

[e]

Be capable of dimming all pixels of the sign collectively to compensate for surrounding ambient light levels.

Illumination. Signs shall be allowed to be illuminated seven days a week between the hours of 6:00 a.m. and 11:00 p.m. unless the premises on which it is located are open for business. A sign or its illumination shall not, by reason of its location, shape, or color, interfere with traffic or be confused with or obstruct the line-of-sight or effectiveness of any official traffic sign, traffic signal or traffic marking.

Duration. Each static display shall last at least 10 seconds to avoid quick and frenetic changes of content that can be distracting and compromise public safety.

[7]

Transition. The display transition must be accomplished by means of instantaneous re-pixalization and shall not use fading, shading, dissolving, or similar effects as part of the change.

[8]

Sequencing. The images and messages displayed shall be complete in themselves without continuation in content to the next static display, image or message.

[9]

Malfunction. Signs shall contain a default design that will shut the sign off if a malfunction occurs.

[10]

No electronic sign shall be permitted less than five feet from the inside of a window facing a street, public way, or public pedestrian way.

[11]

No sign permit shall be issued for an LED message sign upon which exists a preexisting nonconforming sign unless the nonconforming nature of the preexisting sign is brought into conformity with the ordinance.

(9)

Gas station canopy sign.

The sign area shall be limited to 10% of each face of the canopy on which it is displayed.

The area of the sign shall be calculated in accordance with the definition of "area of sign" in Subsection C of this section, which shall include all background material, emblems, logos, or decorative elements.

(10)

Gas station pump sign.

[Added 5-16-2022[6]]

Signs required by state law shall be allowed without a permit in the minimum number and minimum size to satisfy the requirements of any applicable state law.

Signs exclusively advertising the price of fuel atop a dispenser (a.k.a. "pump toppers") may be manual or electronic changeable copy.

Editor's Note: This order also redesignated former Subsection H(10) through (12) as Subsection H(11) through (13), respectively.

(11)

Signs which do not require a sign permit.

Government signs. Signs, including portable signs, erected and maintained by the Commonwealth of Massachusetts or the federal government on any land, building or structure in use by such governmental entity do not require a sign permit; any other signs erected by such governmental entity at any location required for public or environmental health, safety or notification purposes, or announcing the date, time and place of elections or other events.

(12)

Secondary signs. Occupants/Tenants in a multitenant commercial building which is located adjacent to or abuts the I-91 Corridor shall be permitted to locate a secondary wall sign on an area of the building that is not contiguous to the occupant's/tenant's premises; under the condition that the sign would not otherwise be visible to I-91 traffic and the sign complies with all other conditions under this ordinance.

(13)

Billboards/billboard, digital/electronic.

[Added 3-15-2021]

Any installation of a billboard or digital billboard within the Billboard Overlay District shall be by special permit.

Criteria for building permit application.

The top of the billboard shall not exceed 150 feet in height from the ground.

An individual billboard or billboard face shall not exceed 1,200 square feet in total area on each side.

A billboard or billboard face shall not exceed the dimensions of 20 feet in height and 60 feet in width.

No permit shall be granted for a billboard on or in any way attached to a tree or rock.

Exposed back of billboards, poles or other support structures must be painted and maintained in a manner that blends with the surrounding buildings and landscape.

A billboard may be double-sided.

Sign standards: billboards and digital/electronic billboards.

Billboards and digital/electronic billboards, as defined in § 300-9.2C, Definitions, shall be allowed within areas which are designated as the Billboard Overlay District, as defined in § 300-3.1, by special permit.

Digital/electronic billboards shall demonstrate compliance with the regulations of the Office of Outdoor Advertising.

Digital/electronic billboards shall not contain flashing, intermittent, or moving lights, or moving video or scrolling advertising.

Digital/electronic billboards shall not emit any sound.

No sexually oriented business or sexually provocative business shall be advertised on a billboard.

No portable billboards are permitted.

[7]

The brightness of an electronic/digital sign shall not exceed 0.3 footcandle above ambient light, as measured using a footcandle meter at a preset distance. Distances to measure the footcandle impact vary with the expected viewing distance of each size sign. Measurements should be taken perpendicular to the face.

[8]

All billboards shall be kept reasonably clean and neat and in proper condition, that all necessary ordinary/customary maintenance be performed.

[9]

All applicants shall provide proposals to the Town to enhance municipal services and public safety measures.

Editor's Note: Tables 9-4A and 9-4B are included as attachments to this chapter.

Enforcement.

Designation of Sign Officer. The Building Inspector (or any other qualified person) shall be appointed by the Mayor as the Sign Officer. The Sign Officer is authorized to order the repair or removal of any sign and supporting structure which is erected or maintained contrary to this ordinance. Whenever a Sign Officer is designated, the Mayor should notify the State Outdoor Advertising Board.

Compliance and enforcement. The Building Inspector or the Sign Officer shall inspect any sign installed in accordance with § 300-7.9G of this ordinance within 30 days of installation to confirm the sign's compliance with this ordinance. Enforcement actions shall follow the requirements of this Subsection I.

Maintenance and removal. Every sign shall be maintained in good structural condition at all times. All signs shall be kept neatly painted, including all metal parts and supports thereof that are not galvanized or of rust-resistant material. The Building Inspector or the Sign Officer shall inspect and shall have the authority to order the painting, repair, alteration or removal of a sign which shall constitute a hazard to safety, health, or public welfare by reason of inadequate maintenance, dilapidation, or obsolescence.

Abandoned signs. Except as otherwise provided in this section, any sign that is located on property which becomes vacant and is unoccupied for a period of 12 months or more shall be deemed to have been abandoned and shall be removed by the owner of the sign or owner of the premises.

Nonconforming signs.

Continuance. A nonconforming sign lawfully existing at the time of adoption or subsequent amendment of this ordinance may continue, although such sign does not conform to the provisions of this ordinance.

Alterations. No alterations shall be made to a nonconforming sign unless the nonconforming nature of the sign is brought into conformity with this ordinance. Structural maintenance and repair are allowed.

§ 300-9.6 Environmental performance standards in Industrial Park (IP), Industrial Park-Light (IP-L), and Special Use (SU-T, SU-O, SU-M, and SU-H) Districts.

Replacement. Any sign replacing a nonconforming sign shall conform to the provision of this section, and the nonconforming sign shall no longer be displayed. Excludes replacing the face plate content, as long as it does not increase the nonconformity of the sign.

§ 300-9.3 (Reserved)

§ 300-9.4 Fences.

[Amended 5-16-2022]

The installation of any permanent man-made fence shall require the issuance of a fence permit and/or building permit as required by the State Building Code. Any temporary fence erected for the protection of public safety and associated with an approved construction project, demolition project or a temporary event (an event not lasting more than 30 consecutive calendar days) shall not require the issuance of a fence permit. The Building Inspector shall be notified in writing prior to the installation of any temporary fence. Any permanent man-made fence erected in the Town of West Springfield must comply with the standards outlined in this section.

No fence located within the front yard and greater than two feet in height shall be more than 50% solid. No fence located within the front yard shall be more than four feet in height.

For corner lots, a primary street may be chosen for the purposes of defining the front yard as it pertains to this section. The area between the principal structure and the secondary street shall be treated as a side yard. Fences within the side yard of a corner lot shall not be nearer than 10 feet to the edge of the street right-of-way, and shall comply with the requirements of § 300-6.3F.

No man-made fence erected in any residential zoning district shall exceed six feet in height.

No man-made fence in any nonresidential district shall exceed 10 feet in height.

The finished side of all fences shall be erected outward to abutting properties.

Security fencing (barbed wire and similar type of wire) shall not be allowed in any residence district.

Security fencing shall be allowed only in the side and rear yard of properties located in nonresidential districts. Security fencing shall be set back five feet from a side or rear property line abutting a residence use or district.

Any retaining wall creating a difference in elevation of more than four feet in height shall be protected by fencing of not less than three feet in height located at the top of said retaining wall.

All outdoor swimming pools shall meet the barrier requirements in accordance with the Massachusetts State Building Code 780 CMR.

All fences and walls shall be properly maintained. Any fence found to be in disrepair shall be promptly repaired or removed.

No fence shall be constructed so as to create a safety hazard for vehicles or pedestrians entering or exiting driveways.

§ 300-9.5 (Reserved)

All business and industrial uses permitted in accordance with the Table of Use Regulations, § 300-5.3, Table 5-3 and Table 5-4,[1] in the IP, IP-L, SU-T, SU-O, SU-M, and SU-H Districts are subject to the following standards:

Dust, dirt, fly ash and smoke. Dust, dirt, fly ash or smoke shall not be emitted into the air in quantities exceeding those amounts established by federal and state environmental agencies.

Odors. No offensive odors shall be emitted into the air from any lot so as to impair the value and enjoyment of any other lot.

Gases and fumes. Noxious, toxic or corrosive fumes or gases shall not be emitted into the air from any lot so as to endanger the public health and safety or to impair safety on or the value and enjoyment of any other lot.

Noise. With the exception of noise necessarily involved in the construction or demolition of buildings and other structures, no noise which is objectionable due to volume, intermittence, beat frequency or shrillness shall be transmitted outside the lot where it originates.

Vibration. With the exception of vibration necessarily involved in the construction or demolition of buildings, no vibration shall be transmitted outside the lot where it originates.

Wastes. No wastes shall be discharged or dumped into any river, stream, watercourse, storm drain, pond, lake or swamp.

Light, glare and heat. No offensive glare from lighting shall be transmitted so as to endanger the public health and safety nor shall it be transmitted into or within any Residence District so as to impair the value and enjoyment of any other lot therein. No radiant heat shall be perceptible outside the lot where it originates.

Danger. No material which is dangerous due to explosion, extreme fire hazard or radioactivity shall be used, stored, manufactured, processed or assembled except in accordance with applicable codes and regulations of the Commonwealth of Massachusetts.

Editor's Note: Tables 5-3 and 5-4 are included as attachments to this chapter.

§ 300-9.7 Landscaping standards.

Required landscaping requirements for the Central Business (CB), Industrial Park-Light (IP-L), and Special Use (SU-T, SU-O, SU-M, and SU-H) Districts. All developments in the IP, SU-T, SU-O, SU-M, and SU-H Districts shall be subject to the following landscaping requirements. All developments other than "off-site" parking areas, "off-street" parking areas and gasoline filling stations in the CB District shall also be subject to the following landscaping requirements.

With the exception of reasonable access to parking and service areas, required front yards shall be reserved for landscaping and pedestrian use. At least 1/2 of any required front yard shall be landscaped and provided with plantings as noted herein:

Two shrubs, a minimum of 18 inches in diameter and/or height at the time of planting, shall be provided for each 10 feet, or fraction thereof, of frontage.

One tree, a minimum of two inches in diameter at the time of planting, shall be provided for each 50 feet, or fraction thereof, of frontage.

Those portions of required front yards devoted to pedestrian use shall not be paved with bituminous concrete, i.e., asphalt.

With the exception of front yard landscaping requirements, the provisions of Table 13-1[1] of this ordinance shall govern development within the CB, IP-L, SU-T, SU-O, SU-M, and SU-H Districts. In addition, at least 2/3 of the land area not used for building, required parking, required front yard areas and Table 13-1 requirements shall be landscaped and reserved for open space in the SU-T, SU-O, SU-M and SU-H Districts.

Editor's Note: See § 300-13.8.

Additional landscaping requirements for the Central Business (CB) Districts. In addition to the required landscaping standards in Subsection A, the listed developments in the CB District shall be subject to the following:

Gasoline filling stations. Landscaping requirements for gasoline filling stations shall be governed by Table 13-1 of this ordinance.[2]

Editor's Note: See § 300-13.8.

Off-site and off-street parking areas.

With the exception of reasonable access, off-street and off-site parking areas shall be provided with a ten-foot landscaped buffer along each street line and each lot line abutting a residential zone and/or use.

Two trees, a minimum of 1 1/2 inches to two inches in diameter at the time of planting, and eight shrubs, from 18 inches to 24 inches in diameter and/or height at the time of planting, shall be provided for each 20 parking spaces or fraction thereof within each parking area.

With the exception of required buffers and plantings, the requirements of Table 13-1[3] of this ordinance shall govern landscaping within commercial off-street and off-site parking areas. That percent of total "automobile parking and circulation area" required by Table 13-1 shall not abut required buffers.

Editor's Note: See § 300-13.8.

Required landscaping requirements in the Industrial Park (IP) District. All development shall be subject to the following landscaping requirements:

The provisions of Table 13-1[4] of this ordinance shall govern development within Industrial Park Zoning Districts. In addition, at least 2/3 of the land area not used for building purposes, required parking, required front yard and Table 13-1 requirements shall be suitably landscaped.

Editor's Note: See § 300-13.8.

§ 300-9.8 Development standards for Industrial Park (IP), Industrial Park-Light (IP-L) and all Special Use (SU-M, SU-T, SU-O, SU-H) Districts.

Loading and unloading facilities required elsewhere in this ordinance shall not be located in such a manner as to be visible from the street on which the principal buildings faces; in addition, such facilities shall be screened from public view from any side streets abutting the lot on which such building is located.

All plans for development within the IP, IP-L, SU-T, SU-O, SU-M, SU-H Zoning Districts shall include the following:

Proposed buildings, drives and walkways, parking areas, landscaping and signs.

Existing and proposed topographical features of significance and an indication of how the proposed development will affect these features.

All existing environmental features, including trees, streams, wetlands, swamps, wildlife areas and the like. The plan shall indicate how the proposed development will affect these features and shall also indicate whether or not permits from other Town agencies, e.g., the Board of Health, Conservation Commission, will be required.

Soil types as classified by the United States Soil Conservation Service[1] in its report, Soils and Their Interpretations for Various Land Uses: Town of West Springfield, and the limitations such soils place on the proposed development. (Note: The report, Soils and Their Interpretations, is available in the West Springfield Planning Board office.)

Editor's Note: Now the Natural Resources Conservation Service.