It shall be the duty of the Building Department
to enforce the provisions of this chapter. The Building Commissioner
shall refuse to grant a permit for the construction or alteration
of any building if the building as constructed or altered would be
in violation of any of the provisions of this chapter and shall assess
and collect all fines.
[Amended 4-20-1999 by Ord. No. 99-22; 12-21-2004 by Ord. No. 04-110]
A.
Statement of purpose. The purpose of this section
is to provide for an orderly and comprehensive review process for
development projects; to promote safe vehicular and pedestrian traffic
movements within the site and in relation to the site; to protect
the capacity of state and local roads to conduct traffic smoothly
and efficiently; to promote attractive and viable commercial, business
and industrial districts; to protect abutting and nearby property
from disturbances from noise, dust, vibrations and light; to protect
the natural environment; to protect historical resources; to maintain
the value of abutting and nearby property in the project area; to
identify and ensure compliance with all applicable local, state and
federal regulations; and to generally provide for the health, safety
and welfare of the citizens of Chicopee. To accomplish this, new construction
projects have been categorized by building footprint size and impact
and will be reviewed and approved by Building Department Checklist,
Site Plan Review Advisory Committee, or Planning Board. The procedures
for each category of review are listed below.
B.
Building Department Checklist review.
(1)
Projects subject to review by Building Department
Checklist:
(a)
Development projects with footprints of 1,000
square feet or less in Commercial A, Commercial A-1, Central Business
District, Business A, Business B, Business C, and Industrial, Commercial
Center and Mill Conversion Overlay Zones. This also applies to property
in IPUD and IPUD II Zones that are not operated by an established
nonprofit development organization.
(b)
Additions with footprints less than 1,000 square
feet to existing buildings in any zone.
(c)
One-, two- and three-family dwellings on individual
lots (accessory buildings and lots in residential subdivisions approved
after January 4, 2005, are excluded.)
(2)
Submission requirements:
(a)
Building Department Checklist. Building Department
Checklists are obtained in the Building Department.
(b)
A plot plan certified by a person registered
under the General Laws of the Commonwealth of Massachusetts to practice
land surveying. The following information must be shown on the plot
plan:
[1]
All property corners, with type of monumentation
(identified as set or found);
[2]
Existing and proposed grading, proposed grading
at house corners and garage doors;
[3]
Proposed location of the building(s) and driveway;
[4]
Utilities;
[5]
Elevation of top of foundation wall F.F., benchmark
and datum;
[6]
Direction of stormwater runoff; the proposed
grading shall not direct runoff toward abutting properties;
[7]
Location and dimensions of existing and proposed
easements;
[8]
North arrow, street name(s), zoning district,
setbacks, side yards, lot area, and Chicopee Assessor Map and parcel
ID number.
[9]
Scale: 1:20.
C.
Site Plan Review Advisory Committee review.
(1)
The following projects shall be submitted to the Site
Plan Review Advisory Committee:
(a)
Development projects with footprints from 1,000
square feet up to 7,500 square feet in Commercial A, Commercial A-1,
Central Business District, Business A, Business B, Business, C and
Industrial, Commercial Center and Mill Conversion Overlay Zones. This
also applies to property in IPUD and IPUD II Zones that are not operated
by an established nonprofit development organization and projects
developed in phases from January 4, 2005, that cumulatively trip any
construction and/or paving plan review criteria.
(b)
Paving projects, that may or may not be associated
with building construction, that include 4,000 square feet or more
of impervious surface in any zone.
(c)
Paving projects of less than 4,000 square feet
when added to existing pavement that together totals 4,000 square
feet or more of impervious surface in any zone.
(d)
All municipal projects, including new construction
of 1,000 square feet and over, new pavement or reconstruction of exiting
paved areas.
(2)
Submission requirements:
(a)
Site Plan Review Advisory Committee application.
The application is available in the Department of Planning and Development.
(b)
Plans are to be submitted in accordance with
the Chicopee Planning Board Subdivision and Site Plan Review Regulations,
Section II, Site Plans, available from the Department of Planning
and Development.
D.
Planning Board review.
(1)
The following projects shall be submitted to the Planning
Board:
(a)
Development projects with a footprint of 1,000
square feet or more in Residential A, Residential B, and Residential
C Zones (excluding one-, two- and three-family dwellings and accessory
uses thereto on individual lots).
(b)
Development projects with a footprint of 7,500
square feet or more in Commercial A, Commercial A-1, Central Business
District, Business A, Business B, Business C, Industrial, and Commercial
Center and Mill Conversion Overlay Zones. This also applies to property
in IPUD and IPUD II Zones that are not operated by an established
nonprofit development organization and projects developed in phases
from January 4, 2005, that cumulatively trip any construction and/or
paving plan review criteria.
(c)
Development projects with a footprint of 1,000
square feet or more in Commercial A, Commercial A-1, Central Business
District, Business A, Business B, Business C, Industrial, and Commercial
Center and Mill Conversion Overlay Zones where the subject property
abuts or is within 100 feet of any residential zone.
(2)
Submission requirements:
(a)
Planning Board site plan review preliminary,
definitive and plan modification applications are available from the
Department of Planning and Development.
(b)
Plans are to be submitted in accordance with
the Chicopee Planning Board Subdivision and Site Plan Review Regulations,
Section II, Site Plans, available from the Department of Planning
and Development.
E.
Other plan review.
(1)
Projects requiring special permits must also submit a plan in accordance with Chicopee City Code § 275-9.
(2)
Projects in Mixed Use Districts, IPUD and IPUD II
Districts shall submit site plans in accordance with the criteria
set forth in the district regulations. Where there are conflicting
requirements, the requirements of this section shall prevail.
G.
Unsewered lots. Plan submissions for projects with
no sewer available shall be subject to Health Department approval
of on-site waste disposal plan prior to construction.
H.
Traffic control. The Site Plan Review Advisory Committee
reserves the authority to require traffic studies when the proposed
project may impact traffic volume and circulation or require changes
to adjacent roadways and/or intersections.
I.
Review process. Site plans shall be submitted to the
Planning Department and will be distributed by the Planning Department
representative for review by the following departments: Building,
Public Works, Planning, Conservation, Water, Wastewater Treatment,
Health, Fire, Engineering, Electric Light and any other department
deemed necessary by the Building Commissioner. Department heads or
their designees shall make up the Site Plan Review Advisory Committee.
The Planning Department representative shall meet with the various
departments to review the site plan and solicit written comments.
The site plan shall be fully reviewed within 60 days of the filing
of the application. The Planning Department representative shall issue
a written report to the applicant of the findings of the review. This
review process does not excuse the applicant from compliance with
any other applicable local, state or federal regulations. No building
permits shall be issued for development projects until all applicable
regulations have been met. The Building Department will require project
sign-off from each Site Plan Review Committee member prior to the
issuance of a building permit and prior to the issuance of a certificate
of occupancy. The sign-off cards are available in the Building Department.
J.
Approval/disapproval. Should the plan be approved,
either in total or with revisions or conditions, it shall serve as
the agreed document for purposes of issuing a building permit, inspections,
and certificate of occupancy. In the event the site plan is not approved,
the applicant may appeal to the Board of Appeals under the provisions
hereinafter contained.
K.
Performance guarantee. If the developer seeks a certificate
of occupancy for a building prior to the completion of the approved
site improvements, the City of Chicopee shall require the posting
of a performance guarantee to cover the cost of the remaining work.
L.
City Council review. The Planning Board shall submit
current copies of its Subdivision and Site Plan Review Regulations
to the Zoning Committee of the City Council every March for review.
[Amended 9-1-2009]
M.
Priority development.
[Added 5-19-2009 by Ord. No. 09-87]
(1)
Purpose. The Chicopee City Council has adopted the provisions of
MGL Chapter 43D and established priority development sites which are
shown on a map entitled "City of Chicopee Priority Development Sites
Map," available for view in the City Clerk's office and the Department
of Planning and Development. The purpose of these districts is to
promote economic development as encouraged by the Commonwealth of
Massachusetts Smart Growth initiative.
(2)
Applicability. The provisions of this section apply only to those officially designated locations shown a map entitled "City of Chicopee Priority Development Sites Map." Unless specifically noted in this section, all provisions of Chicopee City Code Chapter 275 (Zoning) apply to projects located within a priority development site.
(3)
Process, review and decisions. For priority development site projects, all special permit, variance, and/or site plan review decisions by their respective approving authorities shall be issued within 180 calendar days after the filing of a complete application with the appropriate body as specified in Chicopee City Code Chapter 275 (Zoning). Decisions may include approval, approval with conditions, or denial of the proposed project in accordance with Chicopee City Code Chapter 275 (Zoning) and MGL Chapter 43D.
(4)
Concurrent filings. Concurrent filings are allowed for priority development
site projects that require permits from more than one approving authority.
No land shall be used or occupied until a certificate
of occupancy has been issued by the Building Commissioner stating
that the proposed use complies with the provisions of this chapter.
A.
Appointment of members. There shall be a Board of Appeals to hear appeals as provided for in the provisions of MGL c. 40A, § 12, and it shall consist of five regular and three associate members who shall be appointed by the Mayor, subject to confirmation by the City Council.
[Amended 9-1-2009]
B.
In the month of March of each year, the Mayor shall
appoint two citizens, one as a regular member of said Board and the
other as an associate member of said Board, the regular member to
hold office for a term of five years and the associate member three
years, from the first Monday of April next.
C.
Any vacancy shall be filled for the unexpired term,
and any member may be removed for cause by the Mayor.
D.
Powers.
(1)
The Board of Appeals shall have the following powers:
(a)
To hear and decide appeals where it is alleged
by the applicant for a permit that there is an error in any order
or decision made by the Building Commissioner in the enforcement of
this chapter or the General Laws. Such appeals shall be taken within
a period of not more than 30 days from the date the Building Commissioner
gave notice of his decision by filing with the Building Commissioner
and the City Clerk a notice of appeal specifying the grounds for said
appeal. The City Clerk shall forthwith transmit copies of the appeal
to the Board of Appeals. The Building Commissioner shall transmit
to the Board all papers constituting the record upon which the appeal
was taken. Appeals to said Board may be taken by any person aggrieved
by reason of his or her inability to obtain a building or occupancy
permit or enforcement action from any administrative officer under
the provisions of this chapter, by the Lower Pioneer Valley Regional
Planning Commission, by any person, including an officer or board
of the City or of any abutting City or town, aggrieved by any order
or decision of the Building Commissioner or other administrative official,
in violation of any provision of MGL c. 40 or this Zoning Ordinance.
(b)
To authorize, upon petition, variances by a
party of interest from the provisions of this chapter. All of the
following conditions must apply to each case. The Board of Appeals
is authorized to grant a variance where, owing to conditions especially
affecting such parcels or buildings but not affecting generally the
zoning district in which it is located, a literal enforcement of provisions
of the law would involve substantial hardship, financial and otherwise,
to the appellant; the desirable relief may be granted without substantial
detriment to the public good; such a variance may be granted without
deviating from the intent or purpose of this chapter; the special
conditions affecting the land which causes the hardship is related
to soil conditions, shape or topography of the land or structures;
and such variance does not authorize any use or activity which is
not otherwise permitted in the district in which the land or structure
is located. The Zoning Board of Appeals for the City of Chicopee further
defines "hardship" to include lot size, frontage and side, rear and
front setback requirements for cases which, in the opinion of the
Board of Appeals, result in a lot which is not in conformance with
the neighborhood in which it is located if the variance from zoning
requirements is not granted.[1]
[1]
Editor's Note: Former Subsection D(1)(c),
which immediately followed this subsection and provided for the granting
of special permits, was repealed 11-20-2001 by Ord. No. 01-89.
(2)
In exercising the above-mentioned powers, the Board
of Appeals may impose limitations both of time and of use, and continuation
of any use permitted may be conditioned upon compliance with regulations
to be made and amended from time to time thereafter. The Board of
Appeals may reverse, affirm or modify any order or decision and may
make such order or decision as ought to be made. In the case of an
appeal, the Board shall have all the powers of the Building Commissioner
or official from whom the appeal is taken and may issue or direct
the issuance of a permit. A vote of four members of the Board shall
be necessary to reverse any order or decision of the Building Commissioner.
At least four members of the Board shall be required to vote in favor
of a variance in order to pass such an action. Notice of intent to
file for an appeal or a variance shall be filed with City Clerk.
[Amended 11-20-2001 by Ord. No. 01-89]
(3)
If the rights authorized by a variance are not exercised
within one year from the date of grant of such variance, they shall
lapse and may be reestablished only after notice and a new hearing.
E.
Hearings. The Board of Appeals shall hold a hearing on any appeal transmitted to it by the City Clerk or an officer acting on his behalf within 65 days from transmittal to the Board of Appeals. Applications for a variance shall be made to the Board of Appeals, and a public hearing shall be held as provided for in § 275-9. Notification for all public hearings shall be in accordance with § 275-10. The Chairman or, in his absence, the Acting Chairman may administer oaths, summon witnesses and call for the production of papers. All hearings of the Board of Appeals shall be open to the public. At the hearings, any party may appear in person or by agent or attorney. The decision of the Board shall be made within 75 days from the date of filing of the appeal, application or petition. Failure by the Board to act within these limits shall be deemed to be the grant of relief, application or petition. The Board of Appeals shall follow all procedures in § 275-12.
[Amended 11-20-2001 by Ord. No. 01-89]
[Amended 9-23-1980; 3-19-1991 by Ord. No. 91-11; 7-6-1999 by Ord. No. 99-78; 11-20-2001 by Ord. No. 01-94]
A.
Special permits shall be authorized by the City Council
for uses specifically within the Zoning Ordinance. Special permits
shall be issued only for uses that are in harmony with the general
purpose and intent of this chapter and shall be subject to general
and specific terms set forth therein, and such permits shall also
impose conditions, safeguards and limitations on time or use.
[Amended 9-1-2009]
(1)
No new special permit granted under this chapter shall
be issued to any applicant who is in default on the payment of taxes,
license fees or other monies due to the City concerning licensed property,
property under a special permit or prospective licensed property or
property under special permit request.
(2)
No new special permit granted under this chapter shall
be issued to any applicant for property for which the owner is in
default on the payment of taxes, license fees or other monies due
to the City concerning licensed property, property under a special
permit or prospective licensed property or property under special
permit request.
(3)
The applicant will attest in writing prior to the
granting of a permit that the conditions set forth in this section
relative to all payments and monies owed the City are fulfilled on
the permitted premises.
B.
A special permit may be revoked or altered by the
official granting authority or a fine of $200 or both be levied if
it is determined after a public hearing that there has been an abuse
and/or misuse of the special permit.
C.
Application. Each application for a special permit
shall be filed with the City Clerk. The special permit granting authority
shall receive a copy of the application, including the date and time
of filing certified by the City Clerk. Applications shall include
the following:
(1)
The application form, completed in full with signatures
from the Building Commissioner and the Department of Planning and
Development indicating the application is complete.
(2)
Seven plot plans with North point, date and scale
(one inch equals 20 feet), showing:
(a)
Existing and proposed lines of streets, ways,
easements, and public areas.
(b)
A system of drainage which shall meet the minimum requirements as stated in Chicopee City Code § 275-6 when new construction, building additions and/or parking lots are proposed.
(c)
Lot lines with dimensions.
(d)
The location of existing and proposed buildings,
parking and points of access, signs and lighting and refuse disposal
areas.
(e)
Zoning, ownership and use of immediately abutting
property.
(f)
Any additional information that may be required
by the Building Commissioner.
D.
Twenty days prior to the public hearing, copies of
the application for a special permit shall be submitted by the permit
granting authority to and reviewed by the Board of Health, Department
of Planning and Development, City Engineer, Building Commissioner,
Fire Department, Conservation Administrator and any other board or
department designated by the special permit granting authority. Recommendations
from departments or boards shall be sent to the special permit granting
authority; provided, however, that the failure of any such board or
agency to make recommendations within the twenty-day period shall
be deemed lack of opposition thereto.
E.
Hearings. Special permits shall only be issued following a public hearing to be held in accordance with § 275-10, held within 65 days after filing of an application with the City Clerk. The special permit granting authority shall act within 90 days following the public hearing for which notice has been given by publication or posting. The required time limits for a public hearing and said action may be extended by written agreement between the petitioner and the special permit granting authority. A copy of such agreement shall be filed in the office of the City Clerk. Failure by the special permit granting authority to take final action upon an application for a special permit within 90 days following the date of the public hearing shall be deemed to be a grant of the special permit. The petitioner who seeks such approval by reason of the failure of the special permit granting authority to act within such time prescribed, shall notify the City Clerk, in writing within 14 days from the expiration of said 90 days or extended time, if applicable, of such approval and that notice has been sent by the petitioner to parties in interest. The petitioner shall send such notice to parties in interest by mail and each such notice shall specify that appeals, if any, shall be made pursuant to MGL c. 40A, § 17, and shall be filed within 20 days after the date the City Clerk received such written notice from the petitioner that the special permit granting authority failed to act within the time prescribed. After the expiration of 20 days without notice of appeal pursuant to MGL c. 40A, § 17, or, if appeal has been taken, after receipt of certified records of the court in which such appeal is adjudicated, indicating that such approval has been final, the City Clerk shall issue a certificate stating the date of approval, the fact that the special permit granting authority failed to take final action and that the approval resulting from such failure has become final, and such certificate shall be forwarded to the petitioner. The special permit granting authority shall cause to be made a detailed record of its proceedings, indicating the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth clearly the reason for its decision and of its official actions, copies of all of which shall be filed within 14 days in the office of the City Clerk and shall be deemed a public record, and notice of the decision shall be mailed forthwith to the petitioner, applicant or appellant, to the parties in interest designated in MGL c. 40A § 11, and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice was to be sent. Each such notice shall specify that appeals, if any, shall be made pursuant to MGL c. 40A § 17 and shall be filed within 20 days after the date of filing of such notice in the office of the City Clerk.
F.
Special permits issued shall require a two-thirds vote by the City Council. The special permit granted under this section shall lapse in a period of one year, including such time required to pursue or wait termination of any appeal from the grant, if a substantial use has not sooner commenced, except for good cause or, in the case of a permit for construction, if construction has not begun by such date, except for good cause. Following such lapse, the rights for the special permit may be reestablished only after a notice and a new hearing, as specified in § 275-10, have been undertaken.
[Amended 9-1-2009]
G.
Where a permit or license is required from the City
Council in addition to the special permit, the City Council may hold
a single public hearing for the issuance of both.
[Amended 9-1-2009 by Ord. No. 09-17]
H.
No special permit shall take effect until a copy of
the decision bearing the certification of the City Clerk that, if
such an appeal has been filed, it has been dismissed or denied is
recorded in the Registry of Deeds in the grantor index under the name
of the owner of record or is recorded and noted in the owner's certificate
of title. Notice of the decision shall be sent to the Building Commissioner,
Department of Planning and Development, City Engineer, Board of Health,
Conservation Administrator, and Fire Department.
I.
Fees for recording and registering shall be paid by
the owner or applicant. No building permits shall be issued without
proof that the special permit has been filed with the Hampden County
Registry of Deeds.
J.
Time limitation. There shall be no limitations imposed on special permits, however special permits will be monitored for performance and may be subject to revocation, suspension, alteration or fines in accordance with § 275-13.
K.
Permit holder and transferability.
(1)
Special permits that involve the construction of permanent
structures shall be granted to run with the land and may be transferred
to a new holder without further action by the special permit granting
authority.
(2)
Special permits that involve capital improvements
of 50% or more of the assessed value of a structure at the time of
application shall be granted to run with the land and may be transferred
to a new holder without further action by the special permit granting
authority.
L.
Renewal, transfers, modifications and extensions.
(1)
Transfers of special permits to a new holder are subject
to the same application and public hearing procedure as new issues.
(2)
Modification of an existing special permit is subject
to the same application and public hearing procedure as new issues.
(3)
Extension of special permits that are not exercised
within a year of issue shall be subject to the same application and
public hearing procedure as new issues.
M.
The special permit granting authority shall consider
the following in its evaluation of the special permit application:
(1)
Conformance of the plan/proposal to zoning ordinances,
other applicable requirements of the Chicopee City Code and all other
applicable regulations.
(2)
Compatibility with existing uses and other uses permitted
by right in the same zoning district.
(3)
Potential for creating a nuisance due to air and water
pollution, flood, noise, dust, vibration, lights or visually offensive
structures and accessories.
(4)
Potential for creating a substantial inconvenience
or hazard to abutters, vehicles or pedestrians.
(5)
Adequacy of protection offered adjoining premises
against any possible detrimental or offensive uses on the site.
(6)
Provision of convenient and safe vehicular and pedestrian
movement within the site and in relation to adjacent streets, property
or improvements.
(7)
Provision of adequate space for off-street loading
and unloading incidental to the normal operation of the establishment
or use.
(8)
Provision of adequate methods of disposal and/or storage
of sewage, refuse, and other wastes resulting from the uses permitted
or permissible on the site.
(9)
Adequacy of the stormwater management system.
(10)
Adequacy of erosion and sedimentation control for
construction projects.
(11)
Appearance of building, accessory uses and grounds
and compatibility with the appearance of the neighborhood. This includes
scale, building materials, architectural style, and landscaping.
(12)
The proposal is in general harmony with the purpose
and intent of the Zoning Ordinance.
N.
The special permit granting authority shall adopt
rules and regulations for the submission of special permit applications
in addition to the rules set down in this section. Such rules shall
be filed with the City Clerk.
A.
Notice of a public hearing is required for all appeals,
applications for variances and special permits and for amendments
to the Zoning Ordinance or Map. Notice shall be given by publication
in a newspaper of general circulation in the City of Chicopee once
in each of two successive weeks, the first publication to be not less
than 14 days before the day of the hearing, and by posting such notice
in a conspicuous place for a period of not less than 14 days before
the day of such hearing. Notice shall be sent to the petitioner, abutters,
owners of land directly opposite on any public or private street or
way and owners of land within 300 feet of the property line, as they
appear on the most recent applicable tax list, notwithstanding that
the land of any such owner is located in another City or town. Notice
shall also be sent to the Chicopee Planning Board and, for zoning
amendments, to the Planning Boards of every abutting City or town,
which may forward recommendations with respect to said matter for
the consideration of the permit granting authority.
B.
The Assessors maintaining the tax list shall certify
to the permit granting authority the names and addresses of parties
in interest. The permit granting authority or special permit granting
authority may accept a waiver of notice from or an affidavit of actual
notice to any party in interest or, in his stead, any successor owner
of record who may not have received a notice by mail and may order
special notice to any such person, giving not less than five nor more
than 10 additional days to reply.
C.
Publications and notices required shall contain the
name of the petitioner, a description of the area of premises, the
street address, if any, or other adequate identification of the location
of the area or premises which is the subject of the petition, the
date and place of the public hearing, the subject matter of the hearing
and the nature of the action or relief requested, if any. No such
hearing shall be held on any Sunday or legal holiday or on the day
on which a federal, state or municipal election, caucus or primary
is held in the City of Chicopee.
[Added 11-20-2001 by Ord. No. 01-91]
The special permit or variance granting authority shall cause to be made a detailed record of its proceedings, including the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth clearly the reason for its decision and of its official actions, copies of all of which shall be filed within 14 days in the office of the City Clerk and shall be deemed a public record and notice of the decision shall be mailed forthwith to the petitioner, applicant or appellant, to the parties in interest designated in MGL c. 40A, § 11, and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice was to be sent. Each such notice shall specify that appeals, if any, shall be made pursuant to MGL c. 40A, § 17, and shall be filed within 20 days after the date of filing of such notice in the office of the City Clerk.
A.
Upon the granting of a variance or special permit
or any extension, or modification thereof, the special permit granting
authority shall issue to the owner or to the applicant, if other than
the owner, a certified copy of its decision, containing the name and
the address of the owner, identifying the land affected, setting forth
compliance with the statutory requirements for the issuance of such
variance or permit and certifying that copies of the decisions and
all plans referred to in the decision have been filed with the granting
authority and the City Clerk. No variance or special permit or any
extension, or modification thereof shall take effect until a copy
of the decision bearing the certification of the City Clerk that 20
days have elapsed and no appeals have been filed or that, if such
appeal has been filed, it is dismissed or denied is recorded at the
Registry of Deeds, indexed in the grantor index under the name of
the owner of record or is recorded and noted on the owner's certificate
of title.
[Amended 11-20-2001 by Ord. No. 01-92; 2-19-2002 by Ord. No. 02-04]
B.
Fees for recording and registering shall be paid by
the owner or applicant. No building permits shall be issued without
proof that the special permit has been filed with the Registry of
Deeds.
[Amended 11-20-2001 by Ord. No. 01-90]
[Amended 2-19-2002 by Ord. No. 02-05; 9-1-2009]
No appeal, variance or special permit or any
extension or modification thereof which has been unfavorable and finally
acted upon by a special permit or permit granting authority shall
be acted favorably upon within two years after the date of final unfavorable
action unless said special permit or permit granting authority finds,
by a vote of four members of the Board of Appeals or Planning Board
or by a two-thirds vote of the City Council, that specific and material
changes in the conditions upon which the previous unfavorable action
was based have occurred, describing such changes in the record of
its proceedings, and unless all but one of the members of the Planning
Board consents thereto and after a notice has been given to parties
in interest, containing the time and place of the proceedings when
the question of consent will be considered. Any petition for a variance
or application for a special permit which has been transmitted to
the permit or special permit granting authority may be withdrawn,
without prejudice, by the petitioner prior to the publication of the
notice of the public hearing thereon, but may thereafter be withdrawn
without prejudice only with the approval of the special permit or
permit granting authority by a majority vote of the full Board.
A.
A special permit may be revoked or altered by the
official granting authority or a fine of $200 or both be levied if
it is determined after a public hearing that there has been an abuse
and/or misuse of the special permit.
[Amended 4-15-1997 by Ord. No. 97-22]
B.
Copies of the notice of application for revocation,
suspension or alteration of special permits shall be submitted to
and reviewed by the Board of Health, Department of Planning and Development,
Planning Board, City Engineer, Building Commissioner and any other
board required by the permit granting authority at least 35 days prior
to the public hearing. Recommendations from said Departments or Boards
shall be sent to the permit granting authority; provided, however,
that failure of any such board or agency to make recommendations within
35 days from receipt shall be deemed lack of opposition thereto.
[Amended 11-20-2001 by Ord. No. 01-93]
C.
The special permit granting authority shall act within
90 days following the public hearing. Failure by the special permit
granting authority to take final action within 90 days of the public
hearing shall be deemed to be a denial of said application for revocation,
suspension or alteration of the special permit. Revocation or alteration
of special permits shall require a two-thirds vote by the City Council.
Notice of the decision shall be sent to the Building Commissioner,
Department of Planning and Development, City Engineer and Board of
Health.
[Amended 11-20-2001 by Ord. No. 01-93; 9-1-2009]
D.
A special permit which governs the use of an existing structure or site and is granted to the applicant may be revoked, suspended or altered after public hearing if it is determined that the holder of said permit is in default of any taxes or fees owned to the City of Chicopee. Said public hearing shall follow the procedure outlined in Subsections B and C of this section.
[Added 11-20-2001 by Ord. No. 01-93]
[Amended 9-1-2009]
A.
Adoption or amendment of the Zoning Ordinance may
be initiated by the submission to the City Council of a proposed Zoning
Ordinance or amendment by the City Council, Board of Appeals, an individual
owning land affected by an amendment or adoption, 10 registered voters
in the City, the Planning Board and the Lower Pioneer Valley Regional
Planning Commission. The City Clerk shall forward the Zoning Ordinance
amendment to the City Council, which shall, within 14 days of the
receipt of such Zoning Ordinance amendment, submit it to the Planning
Board for review and public hearings.
B.
No Zoning Ordinance or amendment shall be adopted until after the Planning Board and the Zoning Committee of the City Council have held public hearings thereon, at which time interested persons shall be given an opportunity to be heard. These public hearings both shall be held within 65 days after the proposed Zoning Ordinance amendment has been submitted to the Planning Board. Notice of the time and place of such public hearings shall follow the regulations prescribed in this chapter (§ 275-10) and include the place of where text and maps may be inspected. Notice of said hearings shall be sent by mail, postage prepaid, to the Department of Community Affairs, to the Lower Pioneer Valley Regional Planning Commission, to the abutting communities and to other parties as prescribed in § 275-10.
C.
The Planning Board shall submit to the City Council,
within 21 days following the Planning Board hearing, a report with
recommendations on the proposed zone change or Zoning Ordinance amendment.
The Zoning Committee of the City Council shall submit its recommendations
after receipt of such report or after 21 days have elapsed from the
Planning Board hearing. If the City Council fails to hold a final
vote on any proposed ordinance or amendment within 90 days after the
Planning Board hearing, no action shall be taken thereon until subsequent
public hearings are held with notice and report as above provided.
D.
No Zoning Ordinance shall be adopted or changed except
by a two-thirds vote of all members of the City Council. If there
is filed with the Clerk prior to final action by the City Council
a written protest against such change, stating the reasons for such
protest, duly signed by owners of 20% or more of the area of land
proposed to be included in such change or the area of the land immediately
adjacent extending 300 feet therefrom, no such change of any ordinance
shall be adopted except by three-fourths vote of all members.
E.
No proposed Zoning Ordinance or amendment which has been unfavorably acted upon by the City Council shall be considered by the City Council within two years of the date of unfavorable action unless the adoption of such a proposed ordinance is recommended in the final report of the Planning Board. Notice requirement for all hearings shall be the same as those enumerated in § 275-10.
[Added 11-20-1984; amended 9-1-2009]
After the Planning Board hearing, any petitioner
seeking a leave to withdraw must notify the City Council Secretary
at least but not less than three working days prior to the Zoning
Committee public hearing. The petitioner shall pay for certified mailing
to abutters notifying them of the petition for a leave to withdraw.
Said mail shall be delivered to abutters not less than 24 hours prior
to the hearing. If these procedures are not followed, the petition
for a leave to withdraw will be at the discretion of the City Council.
[Amended 12-15-2015 by Ord. No. 15-67]
A.
The City Zoning Map shall be kept on file in the Planning Department,
where it may be viewed during normal business hours, and is also available
for viewing on the City's website. The location and boundaries of
the zoning districts are established as shown on the Zoning Map, together
with all duly adopted amendments as maintained by the City Clerk's
Office, which shall hereby be declared as part of this chapter.
B.
All zoning districts shall be compiled by the City Planning Department,
and a permanent record of all said districts shall be maintained and
represented within the City of Chicopee Geographic Information Systems
(GIS) Spatial Database. All revisions, changes, and updates to said
zoning districts shall be the sole responsibility of the Planning
Department. Where any such uncertainty exists as to the boundary of
any zoning district, the Building Commissioner, upon written application,
shall determine the boundary location, giving due consideration to
the apparent indicated location, official records from the City Clerk,
and the expressed purposes of the Zoning Ordinance.
In interpreting and applying provisions of this
chapter, they shall be held to be the minimum requirements adopted
for the promotion of the health, safety, comfort and convenience and
for the general welfare of the people of Chicopee. This chapter shall
not repeal, abrogate nor in any other way impair or interfere with
any existing provision of law or ordinance or any rules or regulations
previously adopted or issued first of all relating to the use of buildings
or premises; provided that, where this chapter imposes a greater restriction
upon the use of buildings or premises or upon the height of buildings
or requires larger lots or yards than are imposed or required by such
existing provisions or regulations, the provisions of this chapter
shall control.
A.
The effective date of this Zoning Ordinance or any
amendment shall be the date on which such adoption or amendment was
voted upon by the City Council, subject to it being signed by the
Mayor.
[Amended 9-1-2009]
B.
Severability. If any section, paragraph, subdivision,
clause, phrase or provision of this chapter shall be adjudged invalid
or held unconstitutional, the same shall not affect the validity of
this chapter as a whole or part thereof other than the part so decided
to be invalid.
C.
No claim of invalidity of any zoning ordinance or
bylaw arising out of any possible defect in the procedure of adoption
or amendment shall be made in any legal proceeding, and no state,
regional, county or municipal office will refuse, deny or revoke any
permit, approval or certification because of any such claims of invalidity
unless, within 120 days after adoption of an ordinance, legal action
is commenced and notice specifying the court, parties, invalidity
claimed and date of filing is filed, together with the copy of the
petition, with the City Clerk within seven days after the commencement
of the actions.
[Amended 4-15-1997 by Ord. No. 97-25A]
Any person or corporation violating any provision of the Zoning Ordinance may be fined a penalty of up to but not more than $200 for each violation. Such fine shall be levied by the Building Commissioner and may be appealed according to procedures set forth in § 275-8.
[Amended 11-7-1985; 4-17-2007 by Ord. No. 07-36; 9-1-2009]
Applications for a variance or special permit
shall be accompanied by a filing fee as set by the City Council.[1] Applications for a change in the Zoning Map or the Zoning
Ordinance shall be accompanied by a filing fee as set by the City
Council.[2] Filing fees shall be waived for agencies of the City of
Chicopee. Requests from the Planning Board and the Zoning Board of
Appeals for changes in filing fees shall be submitted to the City
Council as follows:
A.
A letter from the Planning Board or Zoning Board of
Appeals Chairman to the City Council identifying the amount and reasons
for the filing fee change.
B.
A copy of the Planning Board or Zoning Board of Appeals
legal notice and meeting minutes indicating the fee change has been
advertised, discussed, and voted favorably upon by a majority of the
Board.
