General definitions. Unless otherwise expressly stated,
the following terms shall, for the purpose of the Zoning Ordinance
have the meaning indicated in this section:
ABUT
To touch or be contingent.
ACCESSORY USES AND STRUCTURES
Customarily incidental to any principal use permitted in
the zoning district in which it is located. In no case shall an accessory
use dominate in area, extent or purpose the principal lawful use or
building, and except for signs, it shall not be located between the
principal building and the street line. Real estate signs not over
12 square feet in area and announcement or professional signs not
over two square feet shall not be considered "accessory uses."
[Amended 6-21-2005 by Ord. No. 05-151]
ADDITION
An extension or increase in floor area or height of a building
or structure.
ADULT BOOKSTORE
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, video and other matter which
are distinguished or characterized by their emphasis depicting, describing
or relating to sexual conduct or sexual excitement as defined in MGL
c. 272, § 31, and which excludes minors by virtue of age.
[Added 2-2-1993 by Ord. No. 93-2]
ADULT CLUB
An establishment which as a form of entertainment allows
a person or persons to perform in a state of nudity as defined in
MGL c. 272, § 31, and/or allows a person or persons to work
in a state of nudity as defined in MGL c. 272, § 31, and
which excludes minors as a virtue of age.
[Added 7-5-1994 by Ord. No. 94-35]
ADULT ENTERTAINMENT
Any exhibition, film or video, live performance, display
(including amusement machines) or dance of any type which has a significant
or substantial portion of such performance, actual or simulated, relating
to sexual conduct or sexual excitement as defined in MGL c. 272, § 31,
and which excludes minors as a virtue of age or which includes the
exhibition and viewing of persons or depictions thereof in a state
of nudity as defined in MGL c. 272, § 31.
[Added 7-5-1994 by Ord. No. 94-35]
ADULT ENTERTAINMENT ESTABLISHMENT
An establishment to which the public, patrons or members
are invited or admitted and which is physically arranged to provide
booths, cubicles, rooms, studios, compartments or stalls separate
from the common areas of the premises for the purposes of viewing
adult-oriented material or wherein an entertainer provides adult entertainment
to a member of the public, patron or member, when such adult entertainment
is held, conducted, operated or maintained for a profit, direct or
indirect.
[Added 7-5-1994 by Ord. No. 94-35]
ADULT THEATER
An enclosed building used for presenting material distinguished
by an emphasis on matter depicting, describing or relating to sexual
conduct or sexual excitement as defined in MGL c. 272, § 31,
and which excludes minors by virtue of age.
[Added 2-2-1993 by Ord. No. 93-2]
APPLICANT
The person or persons, including a corporation or other legal
entity, who applies for issuance of a special permit hereunder. The
applicant must own, or be the beneficial owner of, all the land included
in the proposed site or have authority from the owner(s) to act for
him/her/it/them or hold an option or contract duly executed by the
owner(s) and the applicant giving the latter the right to acquire
the land to be included in the site.
[Added 8-3-2004 by Ord. No. 04-74]
AREA, BUILDING
The maximum horizontally projected area of the building at
or above grade, exclusive of court and vent shafts.
AREA, FLOOR
The usable area of each story of a building or portion thereof
within surrounding exterior walls.
ATTIC
The space between the ceiling beams of the top habitable
story and the roof rafters.
AUTOMOBILE PARKING
An area used for parking in cases where such a use is not
accessory to a permitted or special permit use in the zoning district
in which it is located.
AUTOMOTIVE SERVICE STATION
Premises used primarily for supply gasoline, oil, tires and
related products for motor vehicles. Maintenance and general repairs
to automobiles, motorcycles and small trucks are permitted as a subordinate
activity.
AUTOMOTIVE TRADE
The retail sale of new and used cars, trucks, motorcycles
and other motor vehicles.
AUTO SALVAGE YARD
Storage area for unusable vehicles where parts are removed
and stored, scrap metal is collected and materials are resold.
BASE FLOOD
The one-hundred-year flood, otherwise designated as the flood
which has a one-percent possibility of being equaled or exceeded in
any given year; as delineated as Floodplain Zones A and A1-30 on the
Flood Boundary and Floodway Map and the Flood Insurance Rate Map.
BUILDING COMMISSIONER
The Building Commissioner of the City of Chicopee, also referred
to as the "Building Inspector," charged with the duty of enforcing
the Building Code and zoning ordinances of Chicopee.
BUILDING LINE
The line established by law beyond which a building shall
not extend, except as specifically provided by law.
BUSINESS BUILDING
A building in which 100% of the street level area is used
for permitted uses under Business A Zoning Districts.
[Added 3-19-1991 by Ord. No. 91-18]
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.
CERTIFICATE OF USE AND OCCUPANCY
The certificate issued by the building official which permits
the use of a building in accordance with the approved plans and specifications
and which certifies compliance with the provisions of law for the
use and occupancy of the building in its several parts, together with
any special stipulations or conditions of the building permit.
CLUSTER DEVELOPMENT
A residential development in which the buildings and accessory
uses are clustered into one or more groups separated from adjacent
property and other groups within the development by intervening open
land.
COMMERCIAL BUILDING
A building in which 20% to 100% of the street level area
is used for permitted uses under Commercial A and/or Commercial A-1
Zoning Districts.
[Added 3-19-1991 by Ord. No. 91-18]
COMMERCIAL RECREATION
Outdoor recreational facilities, including but not limited
to golf driving ranges, outdoor movie theatres, amusement parks and
go-cart tracks.
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.
CONTRACT CONSTRUCTION SERVICES
Facilities used by firms engaged in construction activities,
including but not limited to plumbing, heating, air conditioning,
painting, electrical, masonry, stonework, tile setting and plastering,
carpentering and wood flooring, roofing and sheet metal, concrete
and well drilling.
CORNER LOT
One with two adjacent sides abutting upon streets or other
public ways.
CURB LEVEL
The elevation of the street curb as established in accordance
with law.
DAY-CARE CENTER
Any facility operated on a regular basis, whether known as
a "day nursery," "nursery school," "kindergarten," "child play school"
or known under any other name, which receives seven or more children
(not of common parentage) during the course of any one day, if such
children have special needs for nonresidential custody and care during
part or all of the day separate from their parents. Day-care centers"
shall not include any part of a public school system; any part of
a private, organized educational system unless the services of such
system are primarily limited to kindergarten, nursery or related preschool
services; or a Sunday school conducted by a religious institution.
DEVELOPMENT
Any man-made change to improved or unimproved real estate,
including but not limited to buildings or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations.
DISPLAY SURFACE
The surface which is made available by the structure either
for the direct mounting of letters and decoration or for the mounting
of the facing material that is intended to carry the entire advertising
message.
DRIVE-IN RESTAURANT
Any eating establishment where persons are either served
or eat in their cars, not exclusive of their ability to do otherwise.
DWELLINGS
[Amended 1-24-2011 by Ord. No. 11-02]
(2)
TWO-FAMILY DWELLINGA building containing two dwelling units with not more than three lodgers or boarders within the structure.
(4)
MULTIFAMILY DWELLINGAny building or portion thereof used as a multiple dwelling for the purpose of providing four or more separate dwelling units.
(5)
DORMITORYA space in a unit where group sleeping accommodations are provided, with or without meals, for persons not members of the same family group, in one room or in a series of closely associated rooms, under joint occupancy and single management, as in college dormitories.
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.
EATING AND DRINKING PLACES
A building used for the serving of food and/or drink for
consumption on the premises, but excluding drive-in restaurants as
defined in this section.
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.
ELEVATION
Above mean sea level, to be obtained by interpolation between
contours on the United States Geological Survey topographic map or
by field measurements.
ENTERTAINMENT ASSEMBLY
Theaters and other indoor places of assembly used for entertainment
and recreational activities.
FINANCE, INSURANCE and REAL ESTATE
Services associated with financial and investment needs,
including but not limited to banking services, security and commodity
brokers, insurance services and real estate.
FLOODPROOFED
Watertight with walls substantially impermeable to the passage
of water with structural components having the capability to withstand
hydrostatic and hydrodynamic loads and effect of buoyancy.
FLOODWAY
The channel of a watercourse plus any portion of the adjacent
bank designated to be kept free of encroachment so that the discharge
of the base flood may be carried without increase in flood elevation,
as designated on the Flood Boundary and Floodway Map.
FLOOR AREA, GROSS
The floor area within the perimeter of the outside walls
of the building with no deduction for hallways, stairs, closets, thickness
of walls, columns or other features.
FLOOR AREA, NET
The actual occupied area, not including accessory unoccupied
areas or thickness of walls.
FLOOR AREA RATIO (FAR)
The ratio of the gross floor area to the area of the lot,
i.e., a maximum, "FAR" of three to one (3:1) would allow 3,000 square
feet of floor area on a one-thousand-square-foot lot, such as in a
four-story building with each floor having 750 square feet.
FRONT YARD
A required open and unoccupied space within and extending
the full width of the lot, parallel to the street lot line, between
the street line and the part of the building nearest to such street
line, exclusive of steps.
GOLF COURSE
A recreational area for playing golf, including a clubhouse
as an accessory use to the "golf course."
GOVERNMENTAL SERVICES
Structures, services, utilities, parks, playgrounds and offices
commonly associated with the operation of government.
GRADE
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls extending to the
lot lines.
GUEST
A person who rents out a room or rooms in a hotel or motel.
HEIGHT, BUILDING
The vertical distance from the grade to the highest point
of the roof, excluding the parapet wall.
HEIGHT, COURT
The vertical distance from the lowest level of the court
to the average height of the top of the enclosing walls.
HEIGHT STORY
The vertical distance from top to top of two successive tiers
of beams or finished floor surfaces and, for the topmost story, from
the top of ceiling to the top of the roof rafters.
HEIGHT, WALL
The vertical distance from the foundation wall or other immediate
support of such wall to the top of the wall.
HOME OCCUPATION
Any use customarily conducted entirely within the dwelling
and carried on by the inhabitant thereof, which is clearly incidental
and secondary to the use of the dwelling purposes and does not change
the character thereof, and provided that no article is sold or offered
for sale except such as may be produced on the premises by members
of the immediate family. Home occupations do not include telephone
and office use where the principal business is not conducted on the
property. At no time shall there be any exterior indication of the
home occupation other than an identification sign, and there shall
be no outdoor manifestations, such as traffic generation, noise, fumes
or noxious odors which are different or greater than those usually
experienced in the residential neighborhood.
[Added 3-16-1999 by Ord. No. 99-1]
HOSPITAL
An institution licensed by the state devoted to inpatient
care, where medical and/or surgical care is dispensed on a twenty-four-hour
basis.
[Added 12-1-1987]
HOTEL or MOTEL
Any building or group of buildings which provides sleeping
accommodations for transient motorists and which is not licensed as
a lodging house.
[Amended 8-4-1987]
INDUSTRY
Uses involving the processing, assembly and fabrication of
materials.
LODGER or BOARDER
Any person who rents out a room or rooms in a lodging house.
[Amended 8-4-1987]
LODGING HOUSE
A house where lodgings are let to four or more persons not
within the second degree of kinship to the person conducting it, where
the lodging units are not separate dwelling units.
[Amended 8-4-1987]
LOT
A portion or parcel of land considered as a unit. Lots shall
have boundaries identical with those on record in the Hampden County
Registry of Deeds. Two or more contiguous lots in common ownership
may be treated as one lot for the purposes of this chapter, provided
that the combined lots are used as a single lot would customarily
be used and are not later separated.
LOT AREA
The area of the plan defined by the lot lines.
LOT COVERAGE
That percent of the lot covered by the principal and accessory
structure. Coverage shall include the ground area enclosed by walls,
together with the area of all covered porches and other roofed portions,
including areas covered by building overhangs.
LOT DEPTH
Where a minimum lot depth is prescribed, lot depth shall
be measured determining the mean horizontal distance between a front
and rear lot line.
[Amended 7-7-1987]
LOT FRONTAGE
The distance along the street lot line from one side lot
line to the other. In the case of a cul-de-sac or curve where the
turning radius along the street line is 75 feet or less, lot frontage
may be measured along the setback line.
LOT LINE
A line dividing one lot from another or from a street or
any public place. A lot line must be described on a deed or legal
instrument.
LOT WIDTH
This distance measured along the setback line between the
side lot lines. If the side lot line does not extend to the front
setback line, the measurement will be taken at the point of intersection
with another line.
MEMBERSHIP CLUBS
Organizations basically social in nature, including but not
limited to business associations; professional membership organizations;
labor unions; and religious, civic, social and fraternal associations.
MEMBRANE COVERED STRUCTURES
Any temporary or permanent structure consisting of a frame
covered with fabric, plastic or other flexible material.
[Added 2-20-2001 by Ord. No. 01-06]
MINIMUM DISTANCE
"Minimum distance" or average distance from a building to
a lot line or street shall be measured at right angles to such line.
MOBILE HOME
A dwelling unit built on a chassis and containing complete
electrical, plumbing and sanitary facilities and designed to be installed
on a temporary or permanent foundation for living quarters.
MOBILE HOME PARK
Any lot or tract of land upon which three or more mobile
homes occupied for dwelling purposes are located.
MOTOR FREIGHT TRANSPORTATION
Motor freight terminals; garaging and outside parking and
storage of vehicles and as an accessory use for motor vehicle repairs.
MOTOR VEHICLE REPAIR
Premises primarily used for repair work on motor vehicles,
including but no limited to brake jobs, engine repair and replacement,
electrical repairs, muffler and exhaust system and transmission repairs,
as well as other repairs of any major or minor nature needed on automobiles
or motor vehicles exclusive of auto body work. It includes towing
service for automotive truck repairs and other services normally contracted
for by individuals.
[Amended 9-20-2007 by Ord. No. 07-65]
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.
NONCONFORMING USE
The use of any premises, building or structure which does
not conform to the requirements for the district in which it is located
and which was lawfully existing at the effective date of this chapter
or any amendments.
NURSING HOME
As defined in MGL c. 111, § 71, Licensing of convalescent
and nursing homes, infirmaries, etc., as amended.
[Amended 3-17-2009 by Ord. No. 09-78]
OVER AGE 55 RESTRICTED HOUSING
A planned development of land consisting of one or more structures constructed expressly for use and residency by persons who have achieved the minimum age requirement for residency of 55 years or older, as permitted by MGL c. 151B, § 4, Subsection 6, as amended and developed in accordance with Chicopee City Code §
275-53 dimensional and density requirement.
[Added 3-17-2009 by Ord. No. 09-78]
OVERLAY DISTRICT REVIEW COMMITTEE
A committee established by the City Council to assist in
the technical review of overlay district zoning and overlay district
project proposals.
[Added 8-3-2004 by Ord. No. 04-74; amended 9-1-2009]
OVERLYING DISTRICT
The zoning district which overlies another zoning district.
In such areas, restrictions pertaining to both districts apply.
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.
PORCH
An accessory to a building projecting from the front, side
or rear of the same. The "porch" shall be separated from the building
by a wall and shall not have a permanent foundation.
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
Mill conversion project. The conversion of an existing mill,
or portion thereof, to multifamily dwellings and/or some combination
of appropriate nonresidential uses.
[Added 8-3-2004 by Ord. No. 04-74]
REAR LOT LINE
The lot line opposite to the street line, except in case
of a corner lot, the "rear lot line" may be elected by the owner,
provided that it be indicated in the plan as filed with the Building
Commissioner.
REAR YARD
A required open unoccupied space, the full width of the lot,
between the rear wall of the building throughout its height and the
rear lot line. In the case of a triangular lot with only one side
fronting on a street, the rear lot shall be the open unoccupied space
between the rear wall of the building and a line halfway between the
point of intersection of the side lines of the lot.
REPAIR SERVICES
Repair of household items, except motor vehicles, including
but not limited to lawn mowers; electrical appliances; radio and television;
watch, clock and jewelry; reupholstery and furniture.
RETAIL TRADE
The sale of goods to consumers, including but not limited
to the sale of building materials, general merchandise, food, automotive
supplies, marine crafts, apparel, furniture, home furnishings, pharmaceuticals,
liquor, stationery and books, sporting goods, farm and garden supplies
and jewelry.
SALVAGE YARD or JUNKYARD
Any land or premises, with or without buildings, used for
the deposit, collection or storage of used or discarded things or
materials, whether or not in connection with the dismantling, processing,
salvage, sale or other use or disposition thereof; and the deposit
or storage on any lot of three or more wrecked or inoperative vehicles
or parts thereof for one month or more shall be deemed to be a "salvage
yard." Garaged vehicles shall be exempt from this provision.
SETBACK
The minimum distance from the street lot line to a building
placed thereon, excluding exterior steps.
SETBACK LINE
A line which denotes the location of the minimum setback.
SIDE YARD
A required open unoccupied space within a lot between a side
lot line, not a street line, and the parts of a building nearest to
such side lot line. Such a "side yard" must extend through its required
width from the street line to the rear yard or its equivalent or to
another street.
SIGN
Any permanent or temporary structure, device, letter, work,
model, banner, pennant, insignia, trade flag or representation used
as or which is in the nature of an advertisement, announcement or
direction or is designed to inform as to the activity or occupation
taking place on a particular premises. A "sign" may be considered
accessory to a particular use when it advertises or indicates the
person occupying the premises on which the "sign" is erected or advertises
the property itself or any part thereof as for sale or rent and which
contains no other matter.
SIGN, ACCESSORY
Any sign, display, light, figure, painting, drawing, poster,
object or device, whether fixed or movable, displayed for the purpose
of advertising or identifying goods and services that are sold or
produced on the property on which the sign is located.
[Added 10-18-2011 by Ord. No. 11-47]
SIGN, BILLBOARD
A sign which advertises an activity or business other than
one conducted on the property.
[Added 10-18-2011 by Ord. No. 11-47]
SIGNS, NONACCESSORY
Any billboard, sign, display, light, figure, painting, drawing,
poster, object or device, whether fixed or movable, displayed for
the purpose of advertising or identifying goods and services that
are not sold or produced on the property on which the sign is located.
[Added 10-17-2006 by Ord. No. 06-11G]
SIGNS, TEMPORARY
Signs used for a limited period of display, examples of which
include but are not exclusive of the following: signs pertaining to
sales promotions, drives or events of political, civic, philanthropic,
educational or religious organizations.
[Added 10-17-2006 by Ord. No. 06-11G]
SMALL-SCALE PRODUCTION FACILITIES
Uses involving the processing, assembling and fabrication
of materials on a limited basis in terms of size and number of employees.
Such uses are to be developed in a manner which will improve the general
neighborhood in which they are located. Outdoor storage is prohibited.
[Added 3-6-1984]
SMOKEHOUSE
A building where meat or fish is cured by means of dense
smoke.
[Added 11-20-1984; amended 6-21-2005 by Ord. No.
05-153]
SPECIAL PERMIT
A permit issued by a City board specifically authorized in
the Zoning Ordinance for the establishment of a use not permitted
as a matter of right in the district in which it is to be located.
SPORTS ASSEMBLY
Stadiums, arenas, racetracks and other facilities used for
the viewing of sporting events.
STATE BUILDING CODE
The Massachusetts State Building Code established by MGL
c. 30A, as amended.
STORY
That portion of a building included between the upper surface
of a floor and upper surface of the floor or roof next above.
STORY, FIRST
A story in which the finished floor is nearest to and the
ceiling of which is six feet or more above the average grade of the
sidewalk or ground adjoining.
STREET
A primary thoroughfare or highway as dedicated or devoted
to public use by legal mapping use, accepted by the City Council.
[Amended 9-1-2009]
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure,
the cost of which equals or exceeds 50% of the actual cash value of
the structure before the improvement is started or, if the structure
has been damaged and is being restored, before the damages occurred.
TOWING AND STORAGE OF MOTOR VEHICLES
Towing and storage services are businesses that include 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.
[Added 9-20-2007 by Ord. No. 07-70]
TOWNHOUSE
A row of at least three and not more than eight one-family
attached dwelling units, each separated from other dwelling units
by a fire wall or walls. Each unit in the row may be owned by a separate
owner.
UNDERLYING DISTRICT
A zoning district which underlies another zoning district.
In such areas, restrictions pertaining to both districts apply.
UTILITIES
Publicly owned, controlled or regulated services, including
but not limited to electric, gas, water, sewage disposal, solid waste
disposal and communications.
WAREHOUSING and STORAGE
Facilities for the storage of various goods and commodities
and for the distribution thereof, including but not limited to refrigerated
warehousing; farm products warehousing and storage, excluding stockyards;
food lockers; and household goods.
WHOLESALE TRADE
The sale of goods to retail stores or distributions for the
purpose of resale, including but not limited to farming and construction
equipment and vehicles; sales and services of dry goods and apparel;
farm products; electrical goods; hardware; plumbing; heating equipment
and supplies; and machinery.
WIRELESS COMMUNICATIONS FACILITY
A wireless communications monopole or tower which may include antennas, satellite dishes and associated structures which facilitate wireless communications services. (NOTE: The current definition of communications may require amendment; the special permit ordinance for height, §
275-27, may require amendment.)
[Added 4-15-1997 by Ord. No. 97-19]
WIRELESS COMMUNICATIONS SERVICES
The provision of cellular telephone service, personal communications and enhanced specialized mobile radio service. (NOTE: The current definition of communications may require amendment; the special permit ordinance for height, §
275-27, may require amendment.)
[Added 4-15-1997 by Ord. No. 97-19]
YARD
A portion of a lot located between a structure and a side
or rear lot line which must remain open and unobstructed except as
may be allowed by specific provisions of this chapter.