B5. Accessory Dwelling Units
Bonus 5. Accessory Dwelling Units
The City allows accessory dwelling units by‐right in all of its residential and some mixed‐use districts
(URC, URB, URA, SR, RR, WSP, PV).
The relevant sections are Attachments 4 (RR), 5 (SR), 6 (URA), 7 (URB), 8 (URC), 21 (PV), and 24 (NB) at
the end of the attached zoning.
In the last five years, accessory apartments, developed by right, include: 16 Garfield Avenue, 29 Aldridge
Street, 322 North Farms Road, 36 Meadow Street, 40 Ridgeview Drive, 401 Kennedy Road, and 1 Round
Hill Road.
Chapter 350
ZONING
§ 350-1. Title; Authority; Purpose
§ 350-1.1. Title.
This chapter shall be known and may be cited as the "Zoning Ordinance of
the City of Northampton, Massachusetts," hereinafter referred to as "this
chapter."
§ 350-1.2. Authority.
This chapter is adopted pursuant to the authority granted by Chapter 40A
of the General Laws of the Commonwealth of Massachusetts, as amended
by Chapter 808 of the Acts of 1975, as amended, herein called the "Zoning
Act."
§ 350-1.3. Purpose.
§ 350-1.4. Amendment and validity.
A. This chapter is enacted for the following purposes: to lessen congestion
in the streets; to conserve health; to secure safety from fire, flood,
panic, and other dangers; to provide adequate light and air; to prevent
overcrowding of land; to avoid undue concentration of population; to
encourage housing for persons of all income levels; to facilitate the
adequate provision of transportation, water, water supply, drainage,
sewerage, schools, parks, open space and other public requirements; to
conserve the value of land and buildings, including the conservation of
natural resources and the prevention of blight and pollution of the
environment; to encourage the most appropriate use of land throughout
the City, including consideration of the recommendations of the City's
Master Plan, adopted by the Planning Board, and the Comprehensive
Plan of the Pioneer Valley Regional Planning Commission; and to
preserve and increase amenities by the promulgation of regulations to
fulfill said objectives.
B. It is made with reasonable consideration to the character of the district
and to its peculiar suitability for particular uses, with a view to giving
direction or effect to land development policies and proposals of the
Planning Board, including making Northampton a more viable and
more pleasing place to live, work, and play.
A. Amendment. This chapter may be amended from time to time in
accordance with Section 6 of the Zoning Act.1 During the amendment
procedure, subdivision plans in process or review by the Planning
1. Editor's Note: See MGL c. 40A, § 6.
350:1
§ 350-2. Definitions.2
§ 350-2.1. General.
For the purpose of this chapter and unless the context of usage clearly
indicates another meaning, certain terms and words shall have the meaning
given herein. Words used in the present tense include the future; the
singular number includes the plural, and the plural the singular; the words
"used" or "occupied" include the words "designed," "arranged," "intended,"
or "offered," to be used or occupied; the words building," "structure," "lot,"
"land," or "premises" shall be construed as though followed by the words
"or any portion thereof"; and the word "shall" is always mandatory and not
merely directory.
ABANDONMENT — The cessation of a nonconforming use as indicated by
the declared or otherwise apparent intention of an owner to terminate a
nonconforming use of a structure or lot; or the removal of characteristic
nonleasehold equipment used in the performance of the nonconforming
use without its replacement within six months by similar equipment or
furnishings; or the cessation of a nonconforming use or structure caused
by its replacement with a conforming use or structure. A nonconforming
use which has been abandoned for a period of two years cannot be
reestablished. (See also the definition of "discontinuance" below.)
ACCESSORY APARTMENT — See § 350-10.10, Accessory apartments.
ACCESSORY SIGN — See "sign, accessory."
ACCESSORY USE — See "use, accessory."
ADULT ESTABLISHMENTS WHICH DISPLAY LIVE OR PRIVATE BOOTH
NUDITY — Any establishment which provides live entertainment for its
patrons which includes the display of nudity as a substantial or significant
portion of such live entertainment on 21 or more days per year or which
provides private or semi-private booths or areas for the viewing of live or
recorded nudity, as nudity is defined in MGL c. 272, § 31.
ADULT ESTABLISHMENTS WITH ADULT MATERIALS — Any
establishment selling adult books, magazines, videos, movies, software, any
other media or electronic recording, or adult paraphernalia, as defined by
MGL c. 40A, § 9A or MGL c. 272, § 31, provided the total display area
Board under the Subdivision Control Law shall be subject to the
provisions of the Zoning Act.
B. Validity. The invalidity, unconstitutionality, or illegality of any provision
of this chapter or boundary shown on the Zoning Map shall not have
and effect upon the validity, constitutionality, or legality of any other
provision or boundary.
C. Effective date. This chapter shall take effect on its enactment.
2. Editor's Note: Diagrams are for reference and are not part of the ordinance.
§ 350-1.4 NORTHAMPTON CODE § 350-2.1
350:2
of such adult material exceeds 1,000 square feet. Display area shall be
calculated as all display areas in establishments and all buildings within
a property, and in establishments and all buildings on adjacent properties
under the same ownership or control, on which any adult materials, as
herein defined, are displayed and any aisles adjacent to such display areas.
AFFORDABLE UNITS — Housing units which are affordable for rent or
purchase by households making 80% of the median household income
for Northampton and, to the extent practicable, are only available to
households whose income does not exceed 80% of median income, as
calculated by the U.S. Department of Housing and Urban Development,
with adjustments for family size. These units shall be eligible for credit
under MGL Chapter 40B Massachusetts Subsidized Affordable Housing
Inventory. There shall be deed restrictions, easements, covenants or other
mechanisms to ensure that the units are affordable for a minimum of
99 years for rental or a minimum of 30 years for homeownership
units.[Amended 9-4-2014]
AGRICULTURE, FLORICULTURE, AND HORTICULTURE, VITICULTURE
AND SILVACULTURE — A use which has as its principal purpose the raising
of agricultural products for commercial or home use, but not including the
raising of livestock or farm animals (See § 350-5.3.) on parcels of five acres
or less, and not including the sale of products, except for products raised on
the premises.
ALTERATION — Any construction, rearrangement, reconstruction or other
similar action resulting in a change in the structural parts, height, number
of stories, exits, size, use or location of a building or other structure.
AQUIFER — Geologic formation composed of rock or sand and gravel that
contains significant amounts of potentially recoverable potable water.
ASSISTED LIVING RESIDENCE — A profit or nonprofit entity which
provides room and board and where the operator provides a minimum of
two meals a day and assistance with activities of daily living for three or
more elderly or disabled residents, as defined and licensed, or as may be
defined and licensed in the future, by Massachusetts General Laws.
AUTOMOTIVE REPAIR — Establishment in which the principal use is the
repair of motor vehicles, including maintenance servicing, upholstery, etc.
No gas sales or retail allowed.
AUTOMOTIVE SERVICE STATION — Establishment in which the principal
use is the retail sale of gasoline, oil, or other motor vehicle fuel, and may
contain retail convenience and variety goods for retail. The premises may
include facilities for polishing, greasing, washing, or otherwise cleaning,
servicing, or repairing motor vehicles.
AVERAGE FINISHED GRADE — A reference horizontal plane representing
the average of finished ground level adjoining a building at all exterior
walls.
§ 350-2.1 ZONING § 350-2.1
350:3
AWNING/CANOPY — A structure attached to a building, the function of
which is to shelter the building's window(s) or door(s), and pedestrians from
rain, wind and sun.
BASE FLOOD ELEVATION — See "flood elevation, base."
BASEMENT — A portion of a building partly below grade, which has less
than 1/3 of its height measured from finished floor to finished ceiling, below
the average finished grade of the ground adjoining the building.
BED-AND-BREAKFAST — An owner-occupied single-family dwelling which
may rent up to a maximum of three rooming units for transient occupancy,
not to exceed a total of six renters (without individual kitchen facilities
and with an individual or shared bath/toilet facility, with at least one toilet,
one bath/shower and one wash basin, separate from those required for
the single-family dwelling), which share a common entrance for the single-
family dwelling. The use of that portion of the dwelling devoted to transient
occupancy shall be secondary to the use of the dwelling as a single-family
dwelling and shall not change the character thereof.[Amended 6-20-2019
by Ord. No. 19.068]
BICYCLE PARKING — An area within which one intact bicycle may be
conveniently and securely stored and removed, without requiring the
movement of other parked bicycles, vehicles, or other objects to access the
space. Spaces are:
BOARD OF APPEALS — The Zoning Board of Appeals of the City of
Northampton, Massachusetts.
BUILDING — A combination of any materials, whether portable or fixed,
with or without a roof, enclosed within exterior walls or fire walls, built to
form a structure for the shelter of persons, animals, or property.
BUILDING, ACCESSORY — A detached building, the use of which is
customarily incidental and subordinate to that of the principal building, and
which is located on the same lot as that occupied by the principal building.
BUILDING AREA — The ground area enclosed by the walls of a building,
together with the area of all covered porches and other roofed portions,
including areas covered by building overhangs in excess of 18 inches.
BUILDING LINE — The line established by this chapter beyond which a
building shall not extend, except as specifically provided in this chapter.
Short-term: designed to serve trips of up to a few hours and shall
include bicycle racks, a fixed-in-place stand, which allows a bicycle to
lean against it in either an upright position with both wheels on a level
surface, or in a vertical position; or
A.
Long-term: designed to serve residents and others who require storage
of a bicycle overnight, and which is designed to securely enclose and
protect bicycles from weather, being located in a building, garage,
bicycle shed, covered bicycle cage, or bicycle locker.
B.
§ 350-2.1 NORTHAMPTON CODE § 350-2.1
350:4
BUILDING, ATTACHED — A building having any portion of one or more
walls in common or within five feet of an adjacent building.
BUILDING, DETACHED — A building having a minimum of five feet of open
space on all sides.
BUILDING, PRINCIPAL — A building in which is conducted the principal
use of the lot on which it is located.
BUILDING, NONCONFORMING — A building, lawfully existing at the
effective date of this chapter, or any subsequent amendment thereto, which
does not conform to one or more of the applicable regulations for the
district in which the building is located.
BUSINESS OFFICE — See "office."
BUSINESS SERVICE AND SUPPLY SERVICE ESTABLISHMENT — Any
building wherein the primary occupation is the provision of services or
supplies to the business, commercial, industrial or institutional community
but not including retail sales to the general public except as a secondary
and subordinate ancillary activity.
CALIPER DIAMETER — The diameter of a tree trunk of a new tree
measured at 12 inches above the ground.
CELLAR — A portion of a building, partly or entirely below grade, half or
more than 1/2 of its height measured from finished floor to finished ceiling,
below the average finished grade of the ground adjoining the building. A
cellar is not deemed a story. (See Diagram 1 below.)
§ 350-2.1 ZONING § 350-2.1
350:5
CERTIFICATE OF USE AND OCCUPANCY — A statement signed by the
Building Commissioner setting forth either that a building or structure
complies with this chapter or that a building, structure or parcel of land
may lawfully be employed for specified uses, or both.
CLUSTER RESIDENTIAL DEVELOPMENT — A development undertaken in
accordance with the provisions of § 350-10.5 of this chapter, consisting of a
variety of dwelling types integrated with each other and with a significant
area of common open space, and developed at a density not exceeding that
which would be ordinarily expected from a typical conventional subdivision.
COMMERCIAL VEHICLE — A vehicle registered for commercial use.
COMMUNITY CENTER — A facility operated by a religious, nonprofit or
municipal organization primarily to provide public facilities for meetings,
classes, teen centers and similar uses. A community center may include
artists' space and offices for nonprofit organizations if such uses are clearly
secondary to the primary use of the building and do not include any
residential or overnight components.
COMMUNITY RESIDENCE — See "halfway house."
CONSTRUCTION SUPPLY ESTABLISHMENT — A retail establishment the
primary purpose of which is to sell, rent, lease, service, and/or otherwise
maintain materials and/or equipment involved in construction activities,
including, but not limited to hardware, lumber, and equipment sales, and
millwork. The hiring out of construction equipment intact with an operator
is not considered to be a part of a construction supply establishment.
CRITICAL ROOT ZONE (CRZ) (also known as "ESSENTIAL ROOT ZONE.")
— The portion of the diameter of a tree's root system that is the minimum
necessary to maintain the stability and vitality of the tree. For the purposes
of this section, the critical root zone shall be calculated by using the
following formula: the diameter at breast height in inches multiplied by 24.
For example, for a tree with a trunk diameter of 10 inches, the critical root
zone would have a diameter of 20 feet.
CYCLE TRACK —
An exclusive bike facility that is physically separated from motor traffic
and distinct from the sidewalk. Cycle tracks have different forms but all
share common elements: they provide space that is intended to be used
exclusively or is used primarily for bicycles and are separated from
motor vehicle travel lanes, parking lanes, and sidewalks. In situations
where on-street parking is allowed, cycle tracks are located to the curb
side of the parking (in contrast to bike lanes).
A.
Cycle tracks may be one-way or two-way, and may be at street level, at
sidewalk level, or at an intermediate level. If at sidewalk level, a curb
or median separates them from motor traffic, while different pavement
color/texture separates the cycle track from the sidewalk. If at street
level, they can be separated from motor traffic by raised medians, on-
street parking, or bollards.
B.
§ 350-2.1 NORTHAMPTON CODE § 350-2.1
350:6
DAMAGE TO THE ENVIRONMENT — Any destruction, damage or
impairment, actual or probable, to any of the natural resources of the
commonwealth, including but not limited to air pollution, water pollution,
improper sewage disposal, pesticide pollution, excessive noise, improper
operation of dumping grounds, impairment and eutrophication of rivers,
streams, floodplains, lakes, ponds, or other surface or subsurface water
resources, destruction of seashores, dunes, marine resources, underwater
archaeological resources, wetlands, open spaces, natural areas, parks, or
historic districts or sites.
DIAMETER AT BREAST HEIGHT (DBH) — The diameter of a tree trunk
measured at 4.5 feet above the ground.
DISCONTINUANCE — The cessation of a nonconforming use unless
evidence is provided that the property has been actively and continuously
marketed during such time and said marketing has contemplated the
continuation of the nonconforming use. A nonconforming use which has
been discontinued for a period of two years cannot be reestablished. (See
also "abandonment" above.)
DISTRICT — A zoning district established by this chapter.
DORMITORY — A building containing sleeping rooms, dining rooms,
common rooms, and accessory facilities intended exclusively for the use
of students of an educational institution, having been constructed or
converted by that institution or with its specific authorization.
DRIP LINE — A circular area around a tree encompassing the tips of its
outermost branches from which rainwater tends to drip.
DRIVE-IN ESTABLISHMENT — A business establishment wherein patrons
are usually served while seated in parked vehicles in the same lot. The term
"drive-in" includes drive-in eating establishments where food is purchased
from a building on the lot, but is consumed in the vehicle; drive-in service
establishments such as banks, cleaners, and the like; and automotive
service stations, gasoline stations, or the like.
DRIVEWAY — A space, located on a lot, built for access to a garage or off-
street parking or loading space.
DRIVEWAY, SHARED — Vehicular egress/access other than over the front
lot line to a parcel that may serve as access to more than one lot. For
residential uses in residential districts, any common driveway (serving more
than one lot) requires a site plan approval.
DWELLING — A privately or publicly owned permanent structure which
is occupied in whole or part as the home residence or sleeping place of
one or more persons. The terms "one-family", "two-family", "three-family"
or "multifamily" dwelling shall not include hotel, lodging house, hospital,
membership club, mobile home, or dormitory.
DWELLING, MOBILE HOME — A single-family residential unit with all
of the following characteristics: a) designed for long-term occupancy and
containing sleeping accommodations, a flush toilet, a tub or shower bath
and kitchen facilities with plumbing and electrical connections provided
§ 350-2.1 ZONING § 350-2.1
350:7
for attachment to outside systems; b) designed to be transported after
fabrication on its own wheels or on a flat bed or other trailer or detachable
wheels; c) arriving at the site where it is to be occupied as a dwelling
complete, conventionally designed to include major appliances and
furniture, and ready for occupancy except for minor and incidental
unpacking and assembly operations, location on foundation supports,
connection to utilities, and the like; d) designed for removal to and
installation or erection on other sites. A mobile home shall be defined to
include two or more units, separately towable, which when joined together
have the characteristics as described above. For the purposes of this
chapter, a mobile home shall not be deemed a one-family dwelling.
DWELLING, MODULAR UNIT — A factory-fabricated transportable building
designed to be used by itself or to be incorporated with similar units at
a building site into a modular structure that will be a finished building in
a fixed location. The term is intended to apply to major assemblies, and
does not include prefabricated panels, trusses, plumbing trees, and other
prefabricated sub-elements incorporated into a structure at the site. For the
purpose of this chapter a modular unit shall not be deemed a mobile home
but shall be regarded as a conventional dwelling, subject to the rules and
regulations contained herein.
DWELLING, MULTIFAMILY — A building containing four or more dwelling
units and including apartment houses and garden apartment houses, but
not including a townhouse.
DWELLING, ONE-FAMILY — A detached building containing one dwelling
unit, also referred to as a "single-family dwelling."
DWELLING, THREE-FAMILY — A detached building containing three
dwelling units, but not including a townhouse.
DWELLING, TWO-FAMILY — A detached building containing two dwelling
units.
DWELLING UNIT — Rooms providing complete living facilities for the use
of one or more individuals, with permanent provisions for living, sleeping,
eating, cooking, and sanitation, whether owned, rented, leased, or in a
condominium or cooperative.
ESSENTIAL FACILITIES — Facilities necessary for the provision of services
ordinarily provided by municipalities, public corporations, and public or
private utilities, which facilities must provide a link (interrupted only by
intermediate facilities) between central facilities of the utility and individual
lots served, including but not necessarily limited to gas, water, and sewer
mains; storm sewers; electrical and communication wires, whether
underground or overhead; police and/or fire call boxes, hydrants, and other
stations or terminals of such continuous systems; and facilities accessory
to such systems, including but not limited to manholes, telephone poles,
and the like, but not including any intermediate facility, such as a major
electrical substation; a telephone dial center, or a sewage pumping station,
any facility defined under municipal facilities, any use listed under the
definition of "heavy public use," or any facility of a public corporation or
§ 350-2.1 NORTHAMPTON CODE § 350-2.1
350:8
of a public or private utility which is separately listed in Table of Use
Regulations.3
FAMILY —
FAMILY DAY CARE (IN THE HOME) — Any private residence which on a
regular basis, receives for temporary custody and care during part or all
of the day children under seven years of age or children under 16 years of
age if such children have special needs; provided, however, that in either
case, the total number of children under 16 in family day care in the home
shall not exceed six, including participating children living in the residence.
"Family day care in the home" shall not mean a private residence used for
an informal cooperative arrangement among neighbors or relatives, or the
occasional care of children with or without compensation therefor, or where
all of the children are of the family of the owner-occupant of the private
residence. Family day-care facilities must be registered with the Building
Commissioner.
FILLING — Any deposit, placement, storage redistribution of soil, earth,
sand, gravel, rock, loam, or other similar material on any land, wetland, or
in watercourses and including the conditions resulting therefrom.
FLOOD ELEVATION, BASE or FLOOD ELEVATION, ONE-HUNDRED-YEAR
— The flood elevation as indicated on the Flood Insurance Rate Map,
prepared by the U.S. Department of Housing and Urban Development for
the National Flood Insurance Program.
FLOODPROOFED — To be made watertight to the level of the one-hundred-
year flood with walls substantially impermeable to the passage of water and
with structural components having the capability of resisting hydrostatic
and hydrodynamic loads and effects of buoyancy as certified by a registered
professional engineer.
FLOOR AREA, GROSS — The sum of the gross horizontal area of the
several floors including basements of a principal building and its faces of
the walls. It does not include cellars; unenclosed porches or attics not used
for human occupancy; malls within a shopping center utilized purely for
pedestrian circulation and/or decorative purposes between individual shops
of the center; any floor space in an accessory or principal building intended
and designed for the parking of motor vehicles in order to meet the parking
requirements of this chapter; or any such floor space intended or designed
for accessory heating, ventilating and air-conditioning equipment.
Individual or two or more persons related by blood, marriage, or legal
adoption living together as a single housekeeping unit and including
necessary domestic help such as nurses or servants.
A.
A group of individuals not related by blood, marriage, or legal adoption,
but living together as a single housekeeping unit. For purposes of
controlling residential density, each such group of four individuals shall
constitute a single family.
B.
3. Editor's Note: The Table of Use Regulations is included at the end of this chapter.
§ 350-2.1 ZONING § 350-2.1
350:9
FRATERNITY and/or SORORITY — A building containing sleeping rooms,
dining rooms, common rooms, and accessory facilities intended exclusively
for the use of students of a college or university who belong to a group or
organization which involves common living and which group is organized
and operated with the specific approval and under the regulations of the
institution.
FRONTAGE — The uninterrupted length of the front lot line, as defined
herein, whether straight or not, which conforms to the minimum lot
frontage requirement and is on:
FUNERAL ESTABLISHMENT — A building or part thereof used for human
funeral services. Such building may contain space and facilities for a)
embalming and the performance of other services necessary for the
preparation of the dead for burial; b) the performance of autopsies and
other surgical procedures; c) the storage of caskets, funeral urns, and other
related funeral supplies; d) the storage of funeral vehicles; e) facilities
for cremation; and f) the living quarters of an individual whose bona fide
occupation is in the funeral establishment.
GARAGE, PRIVATE — A garage(s) for housing motor vehicles, with a
capacity of not more than three vehicles for a single-family dwelling, plus
the capacity for one additional vehicle for each additional dwelling unit.
GROUNDWATER — All the water found beneath the surface of the ground.
HAZARDOUS WASTE — A waste which is hazardous to human health or the
environment as designated by the U.S. Environmental Protection Agency
under 40 CFR 250 and the regulations of the Massachusetts hazardous
Waste Management Act, MGL c. 21C.
HALFWAY HOUSE or COMMUNITY RESIDENCE — A building containing
sleeping rooms, common rooms, dining rooms, and accessory facilities
intended exclusively for the use of participants of a program of
rehabilitation of individuals prior to their complete reentry into normal
society, which program is formally recognized by an agency of the
commonwealth. One or more individuals responsible for the operation of
a halfway house shall be resident therein, and facilities for such resident
director and his family shall be provided.
HEAVY PUBLIC USE — Any structure or use:
A public way or a way which the City Clerk certifies is maintained and
used as a public way; or
A.
A way shown on a previously approved subdivision plan which has been
constructed to the standards required when subdivision approval was
granted; or
B.
A way that predates subdivision control that has, in the Planning
Board's opinion, suitable width, grades, and construction adequate and
reasonable for vehicular traffic, including emergency vehicles and snow
removal vehicles, and the installation of utilities.
C.
§ 350-2.1 NORTHAMPTON CODE § 350-2.1
350:10
HEIGHT — The vertical distance from the average finished grade of the
adjacent ground to the top of the structure of the highest roof beams of a
flat roof, the deck of a mansard roof, or the mean level of the highest gable
or slope of a hip roof. (See Diagram 2 below.)
HISTORIC EDUCATIONAL AND RELIGIOUS BUILDING — A building built
prior to 1940 or listed on or determined eligible for listing on the National
Register of Historic Places and used for at least 20 continuous years,
including some point in the last 10 years, for religious purposes or for
educational purposes on land owned or leased by the commonwealth or
any of its agencies, subdivisions or bodies politic or by a religious sect or
denomination or by a nonprofit educational corporation.
HOME BUSINESS — A vocation, trade, small business, craft, art or
profession which is conducted within the principal residential or accessory
building of a property by a bona fide resident of that main building and
which, by nature of its limited size and scope, does not cause any significant
outward manifestation (such as traffic generation, parking congestion,
noise or air pollution, outdoor materials storage, and public service or utility
demand) which is uncharacteristic of or an additional disturbance to the
residential neighborhood in which said property is located. The following
occupations are not considered home businesses if clients will be seen in
the home, although other uses may be excluded on a case-by-case basis: any
traditional medical/dental practice, veterinary hospital, restaurant, retail
or wholesale supply shop or store, or any mortuary. (See § 350-10.12 for
additional criteria.) A home business is allowed by right when the following
conditions are met:
Used by a government agency if not otherwise exempt from zoning or
allowed elsewhere in this chapter; and
A.
Any of the following specific uses conducted by or for the City of
Northampton: truck or equipment storage garage or yard, vehicle
repair garage, or waste recycling plant; and
B.
Any public or private sanitary landfill, dump, incinerator, or water or
sewage treatment facility.
C.
It must not occupy more than 40% of the gross combined floor area
of the main residential building and the accessory structure (if such
accessory structure is utilized for said home business).
A.
It must be clearly incidental and secondary to the use of the building or
property for residential dwelling purposes.
B.
Any practitioner of the home business who will work on-site must
occupy the main residential building as his/her bona fide residence.
C.
§ 350-2.1 ZONING § 350-2.1
350:11
HOSPITAL — A use providing twenty-four-hour emergency room services,
outpatient services, and twenty-four-hour impatient services for persons
admitted thereto for the diagnosis, medical, surgical or restorative
treatment including accessory uses that serve the hospital's needs,
including but not limited to cafeteria and pharmacy. A hospital does not
include nursing home, assisted living residence, or nonhospital medical
center or medical office.
There shall be no more than 25 visits per week by clients/customers/
contractors, etc., related to the business being conducted unless
otherwise authorized through a Zoning Board of Appeals special
permit. The Building Commissioner shall make the final determination,
subject to appeal to the Zoning Board, as to the likely number of visits
that a proposed use will generate.
D.
For practitioners who see clients/customers or any kind of visitors,
hours of operation shall be between 7:00 a.m. and 8:00 p.m. unless
otherwise authorized through a Zoning Board of Appeals special
permit.
E.
For practitioners who see clients/customers or any kind of visitors,
registration with the Building Commissioner is required and shall
include information on number of clients projected.
F.
Up to two "open studios" per year, unless otherwise authorized through
a Zoning Board of Appeals special permit.
G.
No more than one sign of one square foot in area may be displayed
advertising the home business, provided that:
It is attached to the structure next to or on the entryway for said
home business; and
(1)
It is not illuminated.(2)
H.
No goods, except for those created in the home or those sold by
Internet, telephone or electronic transactions, may be sold from the
premises.
I.
No outdoor storage of materials, merchandise, or equipment for the
home business is allowed.
J.
If said home business takes place in an accessory structure, then said
structure must conform to the setback requirements for accessory
structures in that district, unless a finding by the Zoning Board of
Appeals in accordance with § 350-9.3 is made.
K.
It shall produce no noise, obnoxious odors, vibrations, glare, fumes or
electrical interference which would be detectable to normal sensory
perception beyond the lot line.
L.
The portion of any structure utilized for a home business shall conform
to all applicable Fire, Building, Electrical, Plumbing and Health Codes.
M.
§ 350-2.1 NORTHAMPTON CODE § 350-2.1
350:12
HOSPITAL, VETERINARY — A building providing for the diagnosis and
treatment of ailments of animals other than human, including facilities for
overnight care, but not including crematory facilities.
HOTEL — A building or group of buildings, part of a building containing
rooming units without individual cooking facilities for transient occupancy
and having a common entrance or entrances or individual exterior
entrances; and including an inn, motel, motor inn and tourist court, but not
including a boardinghouse, lodging house or rooming house.
IMPERVIOUS SURFACES — Materials or structures on or above the ground
that do not allow precipitation to infiltrate the underlying soil.
JUNK — Any worn out, castoff, or discarded articles or material which
is ready for destruction or has been collected or stored for salvage or
conversion to some use. Any article or material which, unaltered or
unchanged and without further reconditioning, can be used for its original
purpose as readily as when new shall not be considered "junk."
JUNK MOTOR VEHICLE — Any motor vehicle not capable of being used as
such in its existing condition by reason of being damaged or dismantled or
failing to contain parts necessary for operation and otherwise qualifying as
junk.
LANDSCAPED AREA — The percent of the site, including buffers and
setbacks, which will be planted with vegetation (i.e., grass or live ground
cover, shrubs, trees), or on which existing vegetation will be left
undisturbed, underlaid by a pervious surface (soil). Used as a measure of
the intensity of land use.
LEACHABLE WASTES — Waste materials including solid wastes, sludge
and pesticide and fertilizer wastes capable of releasing waterborne
contaminants to the environment.
LIVING SPACE — The net floor area within a dwelling unit exclusive of
utility rooms, closets, attics, and cellars.
LOADING SPACE — An off-street space at least 12 feet in width, 50 feet
in length and with a vertical clearance of at least 14 feet, having an area
of not less than 1,300 square feet which includes access and maneuvering
space used exclusively for loading and unloading of goods and materials
from one vehicle. The dimensions of the loading space may be reduced by
the Building Commissioner to not less than 300 square feet which includes
access and maneuvering space, when it is clearly evident that service
vehicles utilizing said space will not require the area listed above.
LODGING HOUSE — A building containing four or more lodging units.
LODGING UNIT — One or more rooms for the semipermanent use of one,
two, or three individuals not living as a single housekeeping unit and not
having individual kitchen facilities. A "lodging unit" shall include rooms
in boardinghouses, lodging houses or rooming houses. It shall not include
convalescent, nursing or rest homes; dormitories or charitable, educational
or philanthropic institutions; or apartments, hotels or tourist homes/bed and
breakfast facilities.
§ 350-2.1 ZONING § 350-2.1
350:13
LOT — A parcel of land held in fee simple ownership designated on a plan
or deed filed with the Hampshire County Registry of Deeds or Land Court;
however, contiguous lots in common ownership may not be divided except
in conformance with this chapter. 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. The following shall not be counted toward land within the minimum
lot area: land under permanent water bodies; land within public ways, and
land within private ways and rights-of-way where the general public has the
right of access by automotive vehicles.
LOT CORNER — A lot at the point of intersection of and abutting on two or
more intersecting streets, the interior angle of intersection of the street lot
lines, or extended lot lines in case of a curved street being not more than
135°. For purposes of this chapter, the yard adjacent to each street shall be
considered a front yard; however, this will not affect designation of the front
line. (See Diagram 4 below.)
LOT DEPTH — The mean horizontal distance, measured perpendicular (at
right angles) to the front lot line, between the front lot line and the rear of
the lot. Said distance shall be measured from a portion of the front lot line
that equals the minimum lot frontage, and no (principal) structure may be
placed on a portion of the lot that has a depth less than the minimum lot
depth required.
LOT FRONTAGE — (See "frontage" above.)
LOT, INTERIOR — Any lot other than a corner lot or a through lot.
§ 350-2.1 NORTHAMPTON CODE § 350-2.1
350:14
LOT LAYOUT — In addition to the minimum lot area, depth, width and
frontage requirements, lots shall be laid out in such a manner so that
a square, with sides equal to the minimum frontage requirement for the
zoning district in which it is located, can be placed within the lot with at
least one point of the square lying on the front lot line with no portion of the
square extending beyond the boundaries of the lot.
LOT LINE, FRONT — The property line dividing a lot from a single street
right-of-way. In the case of a corner lot or a through lot, at least one front
lot line shall conform to the minimum lot frontage requirement.
LOT LINE, REAR — The lot line most nearly opposite from the front lot line.
(See Diagram 4 above.)
LOT LINE, SIDE — Any lot line not a front or rear lot line. (See Diagram 4
above.)
LOT, NONCONFORMING — See "preexisting nonconforming lot."
LOT, THROUGH — A lot which abuts two streets, but not at their
intersection. (See Diagram 5 below.)
LOT, WIDTH — The horizontal distance (measured parallel to the front lot
line) between the side lot lines. At no point, between the front lot line and
the rear of the principal structure (said rear being the furthest point of the
structure from the front lot line) located on the lot, shall the lot have a width
less than the minimum lot width required.
MANUFACTURING — Heavy or light industry, manufacture or assembly of a
product, including processing, fabrication, assembly, treatment, packaging,
and allowed accessory uses.
MARIJUANA, MEDICAL — Medical marijuana treatment center (MMTC)
and registered marijuana dispensary (RMD), defined and regulated by St.
2012, c. 369, and the Massachusetts Department of Public Health
regulations, 105 CMR 725.000 et seq., along with any related land use
owned, controlled, or contracted by the MMTC where marijuana may be
present.
MARIJUANA, OPEN/OUTDOOR CULTIVATION — Growing and cultivating
outdoors without greenhouses, hoop houses or other covered structures
with the exception of cold frames or row covers used to start seedlings,
less than 24 inches tall, and only between April 1 and May 31. Accessory
buildings to support outdoor growing may be no larger than 1,000 square
feet and may only be used for meeting the requirements of the Cannabis
Control Commission for providing bathrooms, weighing, measuring, seed
§ 350-2.1 ZONING § 350-2.1
350:15
distribution, tracking and other activities required of harvested plants to
prepare them for shipment off site.[Added 6-20-2019 by Ord. No.
19.058]
MARIJUANA, PRODUCTION — Marijuana cultivating, growing and
processing facilities, where marijuana plants are grown and marijuana
products are manufactured and/or tested, but not where sales to consumers
are made.
MARIJUANA, RETAIL — Any facility in which a "marijuana retailer," as
defined in 935 CMR 500.02, sells marijuana.
MEDICAL CENTER — A building or group of buildings used for the offices
and facilities accessory to the practice of licensed medical practitioners,
(including physicians, dentists, optometrists, ophthalmologists, and persons
engaged in all fields related generally to medicine, but not including
veterinarians) and including such common facilities as an outpatient clinic
or emergency treatment rooms, but not including inpatient facilities.
MIXED RESIDENTIAL/WORK SPACE — Where:
MOBILE HOME — See "dwelling, mobile home."
MODULAR HOME — See "dwelling, modular home."
MOTOR VEHICLE — Any vehicle self propelled by a battery-powered,
electric or internal combustion engine, which are permitted and requires a
valid registration legally issued by a governmental authority in order to be
operated on a public way. A motor vehicle shall include but not be limited to
automobiles, trucks, buses, motor homes, motorized campers, motorcycles,
motor scooters, tractors.
MOTOR VEHICLE ACCESSORIES — Any part or parts of any motor vehicle.
MUNICIPAL FACILITIES — Municipally owned facilities utilized in the
provision of services normally provided by municipalities, such as schools,
parks (including related banquet facilities operated in accordance with
the City of Northampton Open Space and Recreation Plan), playgrounds,
municipal office buildings, and the like, but not including any facility
Workers perform their primary occupations which are otherwise
permitted in that zoning district and where businesses and artists
create original and creative works (such as books, writings or
compositions for sale, paintings, sculptures, traditional and fine crafts,
creation or acting of films, creation or performance of dances); and
A.
Those workers and artists and their immediate families live in the same
building or property as where they work, although not necessarily in
the same unit; and
B.
Residential space is clearly secondary to work space and consists of no
more than 50% of the total residential/work space; and
C.
Residential space is located above the first floor.D.
§ 350-2.1 NORTHAMPTON CODE § 350-2.1
350:16
defined as essential facilities, or as a heavy public use, or any use
specifically listed in the Table of Use Regulations.4
NONACCESSORY SIGN — See "sign, nonaccessory."
NURSING HOME — Also known as extended care home, rest home, or
convalescent home. A nursing home is any state-licensed facility for two or
more patients that provides beds and domiciliary and/or nursing care for
chronic or convalescent patients and which is properly licensed by the state,
but not including assisted living residences.
OFFICE or BUSINESS OFFICE — A room, studio, suite or building in
which a person transacts his business or carries on his stated occupation.
For the purpose of this chapter, an office shall not involve manufacturing,
fabrication, production, processing, assembling, cleaning, testing, repair or
storage of materials, goods and products which are physically located on
the premises. An office shall not be deemed to include a veterinary hospital.
ONE-HUNDRED-YEAR FLOOD ELEVATION — See "flood elevation, base."
OPEN SPACE — The space on a lot unoccupied by buildings or structures,
unobstructed to the sky by man-made objects other than walks, swimming
pools, and terraced areas, not devoted to streets, driveways, off-street
parking or loading spaces and expressed as a percentage of total lot area.
OUTDOOR ADVERTISING BOARD — The Outdoor Advertising Board of
the Commonwealth of Massachusetts or any board or official which may
hereafter succeed to its powers or functions.
OUTDOOR COMMERCIAL RECREATION USE — A principal (but not
accessory) use operated either for profit or not for profit, with the principal
purpose being the provision of outdoor recreational facilities, whether these
be provided to the public at large or to the members of any particular
organization, and including but not limited to any of the following uses:
country, fishing, golf, tennis, or swimming club, or golf driving range, sports
camp, campground, marina, or horseback riding establishment.
OWNER — The duly authorized agent, attorney, purchaser, devisee, trustee,
lessee, or any person having vested or equitable interest in the use,
structure or lot in question.
OWNER-OCCUPIED DWELLING — A dwelling that is the principal
residence of the owner and where the owner resides or intends to reside as
his or her domicile.[Added 6-20-2019 by Ord. No. 19.068]
PERMIT, TEMPORARY OCCUPANCY — A permit issued by the Building
Commissioner indicating near compliance with the provisions of this
chapter and allowing occupancy or use on a temporary basis while full
compliance is achieved.
PERMIT, ZONING — A permit issued by the Building Commissioner on the
basis of plans and other submitted material to allow construction or other
preparation for the use or occupancy of a building.
4. Editor's Note: The Table of Use Regulations is included at the end of this chapter.
§ 350-2.1 ZONING § 350-2.1
350:17
PREEXISTING NONCONFORMING LOTS — A lot which, when originally
created, conformed to any zoning requirements relative to minimum lot
area, minimum lot width and frontage, and/or minimum lot depth which
were then in effect, but which zoning requirements have since been
amended so that said lot would no longer conform in all respects to such
new requirements.
PREEXISTING NONCONFORMING STRUCTURES — A structure or
addition which, when originally constructed, was lawfully in existence or
lawfully begun and conformed to any zoning requirements relative to
minimum setbacks, maximum floor area ratio or other dimensional and area
requirements which were then in effect, but which zoning requirements
have since been amended so that such structure or addition would now
require a variance.
PREEXISTING NONCONFORMING USE — A use which, when originally
commenced, was lawfully in existence or lawfully begun and was permitted
in the zoning district in which it was located, but since then this chapter
has been amended so that such use would now require a special permit or
would be prohibited and would require a use variance.
PRIMARY AQUIFER RECHARGE AREA — Areas which are underlain by
surficial geologic deposits including glaciofluvial or lacustrine stratified
drift deposits or alluvium or swamp deposits, and in which the prevailing
direction of groundwater flow is toward the area of influence of water
supply wells.
RADIOACTIVE WASTE — Any radioactive materials which are no longer
in use nor being stored for future use, except that for the purpose of this
chapter the following items shall not be considered radioactive waste:
RECEIPT OF AN APPLICATION OR OF A REQUEST — An official receipt on
the forms or in the format prescribed by the board or agency responsible
for reviewing the application and accompanied by all of the supporting
materials or documentation required by the board or agency as being
necessary at the time of or the signature of an appropriate official showing
the time and date of the receipt, such stamp or signature to be used only
after the entire application, including all supporting material, has been
checked for completeness and accuracy. Any acceptance of an application
or material by the City Clerk or any City employee who is an agent or any
employee of a board shall be subject to further review by that board and
receipt shall not have occurred until after such further review has satisfied
such board that all requirements for time shall be measured, in the case
of receipt by an agency, from the date shown on the stamp or with the
signature of the appropriate official; and in the case of receipt by a board,
Personal or household items or waste containing minimal amounts of
radioactive material, such as watches or smoke detectors.
A.
Waste which does not qualify as low-level radioactive waste under
MGL c. 111H, generated by or through the use of radioactive material
for medical procedures or research facility licensed by the Nuclear
Regulatory Commission.
B.
§ 350-2.1 NORTHAMPTON CODE § 350-2.1
350:18
from the date of the first regular meeting of the board following acceptance
of the material by the City Clerk or an agent or employee of the board
at which meeting the application shall be reviewed and accepted as being
complete, or rejected as being incomplete.
REPAIR SERVICE ESTABLISHMENT — Any building wherein primary
occupation is the repair and general servicing of appliances, tools, and
other small machinery common to use in homes or businesses, but not
including automotive repair or automobile service stations; or any place
wherein the primary occupation is interior decorating, to include
reupholstering and the making of draperies, slipcovers, and other similar
articles, but not to include furniture or cabinetmaking establishments.
RESEARCH AND DEVELOPMENT FACILITY — A facility primarily for
scientific or product research, investigation, testing, or experimentation,
along with incidental offices, incidental storage, incidental manufacture and
sale of products, and incidental employee-only facilities.
RETAIL AND PERSONAL SERVICES — The sale rental, or repair of goods
and/or provision of services including antiques, apparel, appliances (home
use), art supplies, bakeries, barbershops, beauty shops, books, cameras,
card shops, china and pottery, draperies and interior decorating supplies,
drugs, film developing and printing, florist, fruit, furniture, gifts and
stationery, grocery, hardware, housewares and home furnishings, jewelry,
laundering and other garment servicing, music, newsstand, novelties, paint,
shoes, pet supplies and pet grooming, shoe cleaning or repair, specialized
food, sporting goods, toys, tailors, vegetable markets, and other similar
places of business; includes discount food and merchandise clubs.
SERVICE STATION — A building or part thereof whose chief activity is
the selling of gasoline, oil and related products for motor vehicles or the
provision of lubricating service or general auto repair.
SETBACK — The minimum distance from a lot line to a building placed
thereon, or feature thereof as is required in a particular situation by the
Table of Dimensional and Density Regulations. Said setback shall be
measured perpendicular (at right angles) to the lot line. At no point shall
any structure on the lot be any closer to any street line, whether said street
line directly abuts the lot or not, than the minimum front yard setback
requirement for that zoning district. (See Diagram 6 at the end of this
section.)
SETBACK, FRONT — Setback required from a front line and from any street
line of a corner lot or a through lot. (See Diagram 6 at the end of this
section.)
SETBACK LINE — A line, whether straight or not, which denotes the
location of the minimum setback.
SETBACK, REAR — Setback required from a rear line. (See Diagram 6 at
the end of this section.)
SETBACK, SIDE — Setback required from a side line. (See Diagram 6 at the
end of this section.)
§ 350-2.1 ZONING § 350-2.1
350:19
SHORT-TERM RENTAL — A dwelling unit or a room within a dwelling which
is leased to an individual or a group for less than 28 days at a time. (A room
for rent within an owner-occupied dwelling unit is an allowed accessory use
for any dwelling unit.)[Added 6-20-2019 by Ord. No. 19.068]
SIGN — Any permanent or temporary structure, device, blimp, 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 attract the eye by any means including intermittent or
repeated motion or illumination. A sign shall include lettering on a motor
vehicle or trailer unless the vehicle or trailer is licensed for road travel and
is in use or parked in a legal parking or loading area.
SIGN, ACCESSORY — Any sign that advertises or indicates the person
occupying the premises on which the sign is erected or maintained or the
business transacted thereon, or advertises the property itself or any part
thereof as for sale or rent, and which contains no other matter.
SIGN, BUSINESS — A sign used to direct attention to a service, product
sold, or other activity performed on the same premises upon which the sign
is located.
SIGN, GENERAL ADVERTISING — Any sign advertising products or
services other than products or services available on the lot on which the
sign is located, or any sign which is not located within 200 feet of the
building or other structure at which the products or services thereon are
available.
SIGN, GROUND — A sign erected on or affixed to the land including any
exterior sign not attached to a building.
SIGN, IDENTIFICATION — A sign used simply to identify the name,
address, and title of an individual family or firm occupying the premises
upon which the sign is located or to give information, such as time or
temperature.
SIGNIFICANT TREES — Any tree of 20 inches diameter at breast height
(DBH) or larger or any other tree specifically identified as a specimen tree
on any Tree Inventory Plan adopted by the Planning Board.
SIGN, NONACCESSORY — Any sign not an accessory sign.
SIGN, SURFACE AREA OF — For a sign, either freestanding or attached, the
area shall be considered to include all lettering, background whether open
or enclosed, on which they are displayed, but not including any supporting
framework and bracing, which are incidental to the display itself. For a sign
consisting of individual letters, designs and symbols attached to or painted
directly on the surface of a building, wall, window, awning/canopy or other
approved surfaces, with no other background, the area shall be considered
to be that of the smallest quadrangle which encompasses all of the letters,
designs, and symbols. The largest side of a two-sided sign shall be used in
calculating the surface area of such a sign.
SIGN, WALL — A sign affixed to the exterior wall of a building and extending
not more than 15 inches therefrom.
§ 350-2.1 NORTHAMPTON CODE § 350-2.1
350:20
SMALL-CELL FACILITIES (also known as SMALL CELLS) — Wireless
telecommunications antennas and equipment that are mounted on
structures less than 50 feet tall, including their antennas, or are not more
than 10% taller than adjacent structures, with antennas of less than three
cubic feet in volume, and with wireless equipment associated with the
structure, including the wireless equipment associated with the antenna
and any pre-existing associated equipment on the structure, that is no
more than 28 cubic feet in volume, for the purpose of providing wireless
telecommunications, consistent with Federal Communication Commission
regulations, standards and orders for small cells, including no RF frequency
in excess of FCC rules. Small cells are distinct from satellite antennas
elsewhere defined in this section.
SOLAR PHOTOVOLTAIC (PV), LARGE-SCALE, GROUND-MOUNTED — A
solar photovoltaic system and related accessory structures that is
structurally mounted on the ground and is not roof-mounted, and has a
minimum rated electric power output of 250 kilowatts (kW) direct current
(DC). Such a system is considered a use classified as a private utility
substation or similar facility in the Table of Uses if not otherwise specified
separately.5[Amended 12-7-2017 by Ord. No. 17.351]
SPECIAL PERMIT — A special authorization to conduct a particular use
or to take advantage of a particular situation set forth in this chapter,
subject to the provisions of § 350-5.2, the Table of Use Regulations, where
applicable, and the particular section authorizing the special permit where
applicable.
SPECIAL PERMIT GRANTING AUTHORITY — That body or individual
empowered to grant special permits. As specified by the section providing
for the granting of the special permit, that body or individual may be the
Zoning Board of Appeals, the Planning Board, or the City Council. Where
no specific such body is named, the Zoning Board of Appeals shall have
jurisdiction.
STORY — The portion of a building which is between one floor level and the
next higher floor level. If a mezzanine floor area exceeds 1/3 of the area of
the floor immediately below it, the mezzanine shall be deemed to be a story.
A basement shall be deemed to be a story, and a cellar shall not be deemed
to be a story. An attic shall not be deemed to be a story if unfinished and
without human occupancy. (See Diagram 7 at the end of this section.)
STORY, HALF — A story under a gable, hipped, or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more than two
feet above the floor of such story. (See Diagram 7 at the end of this section.)
STRUCTURE — A combination of materials for permanent or temporary
occupancy of use, such as a building, bridge trestle, tower, framework,
retaining wall supporting more than four feet of unbalanced fill, tank,
tunnel, tent (except those less than 120 square feet and erected for fewer
than 30 days), solar panel, wind turbine, stadium, reviewing stand, platform
when more than one foot above grade, swimming pool, permanently affixed
5. Editor's Note: The Tables of Uses are included as attachments to this chapter.
§ 350-2.1 ZONING § 350-2.1
350:21
play structure , shelter, pier, storage container, sign, fuel pump, recreational
court, or the like.
STRUCTURE, ACCESSORY — Any structure which is incidental and
subordinate to the principal structure, but which is located on the same lot
as the principal structure. Accessory structures shall not exceed 40% of the
gross floor area of the principal structure(s) and shall not contain bathing,
sleeping or kitchen facilities.
STRUCTURE, NONCONFORMING — A structure lawfully existing at the
effective date of this chapter, or any subsequent amendments thereto,
which does not conform to all applicable regulations of this chapter for the
district in which it is located.
SUBSTANTIAL IMPROVEMENT — Any repair, reconstruction, or
improvement of a structure within a five-year period which either increases
the building area or the original structure by 15% or more, or the cost of
repair, reconstruction, or improvement which equals or exceeds 15% of the
assessed value of the original structure, either before the improvement is
started or, if the structure has been damaged and is being restored, before
the damage occurred.
TELECOMMUNICATION FACILITIES — Towers, antennas and accessory
structures, including personal wireless facilities, used in connection with
the provision of cellular telephone service, personal communications
services, paging services, radio and television broadcast services, and
similar broadcast services. Telecommunications facilities do not include the
following facilities which are accessory uses or structures: antenna used
solely for residential household television and radio reception; satellite
antenna which are not visible from a neighboring property or public way
and satellite antenna measuring two meters or less in diameter; nor
amateur radio facilities under 65 feet above ground actively used in
accordance with the terms of any amateur radio service license issued by
the Federal Communication Commission, provided that the tower is not
used or licensed for any commercial use.
TELECOMMUNICATIONS TOWERS — Structures designed to support
antennas, including freestanding towers, guyed towers, monopoles, towers
on buildings, and similar structures.
TELECOMMUNICATIONS ANTENNA — A system of electrical conductors
that transmit or receive radio frequency signals, but not including any
support system designed to increase the height of the antenna above the
tower or building. Such signals shall include but not be limited to radio,
television, cellular, paging, personal communication services (PCS) and
microwave communications.
TEMPORARY EVENT — Temporary event or use with a temporary events
permit from City Council, a license from the Parking Commission for short-
term temporary use of facilities under its jurisdiction, or a permit from
the Board of Public Works for use of streets, sidewalks or Pulaski Park, in
accordance with the Northampton Code of Ordinances and any applicable
regulations.
§ 350-2.1 NORTHAMPTON CODE § 350-2.1
350:22
TEMPORARY OCCUPANCY PERMIT — See "permit, temporary occupancy."
TRADESMAN — Builder, carpenter, electrician, painter, plumber, tree
surgeon, landscape gardener or similar building trade occupation.
TOWNHOUSE — A row, attached side-to-side (not on top of each other), of
at least two and not more than eight dwelling units. Each unit in the row
may be owned by a separate owner.
UNREGISTERED MOTOR VEHICLE — Any motor vehicle required to be
registered by law of the Commonwealth of Massachusetts for operation on
public ways, not so registered.
USE — The purpose for which a structure or lot is arranged, designed, or
intended to be used, occupied or maintained.
USE, ACCESSORY — A use which is customarily incidental and subordinate
to the principal use of a structure or lot, or a use which is not the principal
use, but which is located on the same lot as the principal structure, provided
that said accessory use is permitted in that district under this chapter.
Accessory uses shall be interpreted as not exceeding 40% of the area of the
total use of the structure and/or lot on which is located.
USE, MIXED — Two or more principal uses occupying the same structure
or lot, where more than one principal use is permitted on the lot.
USE, NONCONFORMING — See "preexisting nonconforming use."
USE, PRINCIPAL — The main or primary purpose for which a structure or
lot is designed, arranged, or intended, or for which it may be used, occupied
or maintained under this chapter. Any other use within the main structure
or the use of any other structure or land on the same lot and incidental or
supplementary to the principal use and permitted under this chapter shall
be considered an accessory use.
USE, SUBSTANTIALLY DIFFERENT — A use which by reason of its normal
operation would cause readily observable differences in patronage, service,
appearance, noise, employment or similar characteristics from the use to
which it is being compared.
VARIANCE — Such departure from the terms of this chapter as the Board
of Appeals is empowered to authorize.
VETERINARY HOSPITAL — See "hospital, veterinary."
WETLANDS — Includes, but is not limited to, wet meadow, marshes,
swamps, bogs, areas where groundwater, flowing or standing surface water
or ice provide a significant part of the supporting substrate for a plant
community for a significant part of the year; emergent and submergent
plant communities in inland water; that portion of any bank which touches
any inland waters; and the land, including submerged land, which consists
of any soil types designated as, but not limited to, very poorly drained as
identified by the National Cooperative Soils Survey, as may be amended
from time to time, of the Soil Conservation Service of the United States
Department of Agriculture, of the Massachusetts Wetlands Protection Act
and any local wetlands ordinance.
§ 350-2.1 ZONING § 350-2.1
350:23
YARD — A portion of a lot located within a required setback area which must
remain unobstructed artificially from the ground to the sky except as may
be allowed by specific provisions of this chapter. (See Diagram 6 at the end
of this section.)
YARD, FRONT — The portion of a lot lying between the front line and the
front setback line. (See Diagram 6 at the end of this section.)
YARD, REAR — The portion of a lot lying between the rear line and the rear
setback line. (See Diagram 6 at the end of this section.)
YARD, SIDE — The portion of a lot lying between a side line and the
corresponding side setback line. (See Diagram 7 at the end of the section.)
ZONING PERMIT — See "permit, zoning."
§ 350-2.1 NORTHAMPTON CODE § 350-2.1
350:24
§ 350-3. Establishment of Districts
§ 350-3.1. Division into districts.
A. The City of Northampton, Massachusetts, is hereby divided into zoning
districts to be designated as follows:
Full Name Short Name Class
Rural Residence RR Residential "R" District
Suburban Residence SR Residential "R" District
Urban Residence A URA Residential "R" District
Urban Residence B URB Residential "R" District
Urban Residence C URC Residential "R" District
Central Business CB Business "B" District
Entranceway Business EB Business "B" District
General Business GB Business "B" District
Highway Business HB Business "B" District
Neighborhood
Business
NB Business "B" District
Medical M Medical "M" District
General Industry GI Industrial "I" District
Office Industrial OIIndustrial "I" District
§ 350-2.1 ZONING § 350-3.1
350:25
§ 350-3.2. Special Conservancy Floodplain District.
The Special Conservancy Floodplain District is established as shown on the
Zoning Map. See § 350-13.0.
§ 350-3.3. Overlay zoning districts.
An Education Use District, Floodplain District, Water Supply Protection
District, and Residential Incentive Development District are superimposed
over the other districts shown on the Zoning Map, as recognition of the
special conditions which exist in such areas. See §§ 350-10, 350-14, 350-15,
and 350-18 for applicable regulations. When there are conflicts, the
regulations for the overlay district supersede regulations for the underlying
district.
§ 350-3.4. Zoning Map.
The location and boundaries of the Zoning Districts are hereby established
as shown on a zoning map titled, "Northampton Assessors and Zoning Map,"
which is hereby declared to be a part of this chapter. The official copy of
the Assessors and Zoning Map shall be located in Office of Planning and
Development.
§ 350-3.5. Changes to Zoning Map.
Prior to any changes in the location of boundaries of a zoning district
hereafter made through the amendments of this chapter, the public hearing
Full Name Short Name Class
Special Conservancy-
Flood Plain
SC Conservancy "C" District
Planned Village PV Planned "P" District
Educational Use EU Overlay "O" District
Farms, Forests and
Rivers
FFR FFR "FFR" District
Smart Growth Overlay
District
Residential Incentive
Development
RI Overlay "O" District
Water Supply
Protection
WSP Overlay "O" District
Floodplain FP Overlay "O" District
Sustainable Growth SG Overlay "O" District
B. Districts may be grouped by "class" and may be referred to herein by
the class name or by the abbreviations "R Districts," "B Districts." "I
Districts," "C Districts," or "O Districts."
§ 350-3.1 NORTHAMPTON CODE § 350-3.5
350:26
notice required by MGL c. 40A, § 5, shall be mailed to the owner of land
proposed for rezoning, as shown on the most recent applicable tax list, at
least 14 days before the public hearing. Said changes shall be indicated
by the alteration of the Assessors and Zoning Map. The map thus altered
is declared to be part the ordinance thus amended. The Office of Planning
and Development shall be responsible for making changes to the Zoning
Map at a scale of approximately one inch equals 100 feet and/or one inch
equals 200 feet. A map showing zoning district boundaries and the location
of individual Zoning Map sheets shall be included in the Zoning Map and
shall be a part thereof, being titled, "Index Map." These maps collectively
shall be the Zoning Map.
§ 350-3.6. Boundaries of districts.
Where any uncertainty exists with respect to the boundary of any district
as shown on the Zoning Map and whenever a zoning boundary is shown
running along the edge of a street, the following rules apply:
§ 350-4. Administration6
A. Where a boundary is indicated as a street, alley, railroad, watercourse
or other body of water, it shall be construed to be the center line or
middle thereof, or where such boundary approximates a City boundary,
then to the limits of the City boundary.
B. Where a boundary is indicated as following approximately or parallel to
a street, railroad, watercourse, or other body of water, it shall be
construed to be parallel thereto and at such distance therefrom as
shown on the Zoning Map. If no dimension is given, such distance shall
be determined by the use of the scale shown on the Zoning Map.
C. Where a dimensioned boundary coincides within 10 feet or less with a
lot line, the boundary shall be construed to be the lot line.
D. Where a zoning boundary is indicated as intersecting the center line of
a street, railroad, watercourse or other water body, and unless it is
otherwise indicated, it shall be construed to intersect at right angles to
said center line or in the case of a curved center line, at right angles to
the tangent to the curve at the point of intersection.
E. The Floodplain, Residential Incentive Development, and Water Supply
Protection Districts are superimposed over any other districts
established by this chapter. The rules for these superimposed (overlay)
districts shall be in addition to, rather than in place of, the rules for
such underlying other districts. The boundaries of these districts are
shown on the Zoning Map and, for the Floodplain District, shall be
interpreted as lying 100 feet horizontally from the normal high-water
line of a stream, river or pond unless another dimension is otherwise
apparent.
6. Editor's Note: The section numbers in this § 350-4 were changed 2-1-2001.
§ 350-3.5 ZONING § 350-4.1
350:27
§ 350-4.1. Interpretation.
§ 350-4.2. Existing buildings and land.
This chapter shall not apply to existing buildings or structures, nor to the
existing use of any building or structure or of land, to the extent to which
it is legally used at the time of adoption of this chapter, but it shall apply
to any change of use (and ownership in the case of commonly owned land)
thereof and to any alteration of a building or structure when the same
would amount to reconstruction, extension or structural change, and to any
alteration of a building or structure to provide for its use for a purpose or
in a manner substantially different from the use to which it was put before
alteration, or for its use for the same purpose to a substantially greater
extent.
§ 350-4.3. Enforcement by Building Commissioner.
It shall be the duty of the Building Commissioner to administer and enforce
the provisions of this chapter.
§ 350-4.4. Zoning permit required.
A. The provisions of this chapter shall be interpreted to be the minimum
requirements adopted for the promotion of the health, safety, morals, or
the general welfare of the City of Northampton, Massachusetts, and
except for Chapter 44, Zoning Ordinance, of the Revised Ordinances of
the City of Northampton, Massachusetts, 1959, and all subsequent
amendments thereto, the provisions of this chapter are not intended to
repeal, amend, abrogate, annul, or in any way impair or interfere with
any lawfully adopted ordinance, covenants, regulations, or rules.
Whenever the regulations made under the authority hereof differ from
those prescribed by any statute, ordinance, or other regulations, that
provision which imposes the greater restriction or the higher standard
shall govern.
B. Except as herein provided, any existing conforming use, structure, or
lot shall not by any action become nonconforming, and any existing
nonconforming use, structure, or lot shall not become further
nonconforming.
A. It shall be unlawful for any owner or person to erect, construct,
reconstruct, or alter a structure or change the use or lot coverage,
increase the intensity of use, or extend or displace the use of any
building or other structure or lot without applying for and receiving
from the Building Commissioner a zoning permit therefor. For purposes
of administration, such permit and application procedure involving a
structure may be made at the same time and combined with the permit
required under the Building Code.7 Zoning permits shall be valid for six
7. Editor's Note: See Ch. 145, Building Regulations.
§ 350-4.1 NORTHAMPTON CODE § 350-4.4
350:28
§ 350-4.5. Certificate of use and occupancy required.
It shall be unlawful to use or occupy any structure or lot thereafter erected
or altered unless the Building Commissioner has issued a certificate of use
and occupancy and has specified thereon the use to which the structure
or lot may be put. Applications for certificates of use and occupancy shall
be filed coincident with the application for permits and shall be issued or
refused in writing for cause within 10 days after the Building Commissioner
has been notified in writing that the erection or alteration of such buildings
has been completed. A record of all certificates shall be kept on file in
the office of the Building Commissioner. Buildings accessory to dwellings
when completed at the same time shall not require a separate certificate
of occupancy. Pending the issuance of a regular certificate, a temporary
certificate may be issued for a period not exceeding six months, during
the completion of alterations or during partial occupancy of a building,
pending its completion. No temporary certificate shall be issued prior to
its completion if the building fails to meet the requirements of applicable
building ordinances and state laws or this chapter to such a degree as to
render it unsafe for the occupancy proposed. In situations where, in the
opinion of the Building Commissioner, a single structure or group of related
structures may not be issued a certificate of occupancy because not all of
the spaces within the structure(s) are yet completed, he may issue a single
certificate of occupancy which specifies certain areas as not being included.
Such areas will be required to have a separate certificate of occupancy prior
to their use and occupancy.
§ 350-4.6. Permit and certificate fees.
Fees shall be established by the Mayor and the City Council, but shall
exempt municipal buildings from the requirements for payment of fees.
§ 350-4.7. Permit time limits. [Amended 6-1-2017 by Ord. No.
17.289]
A special permit, site plan or finding granted under this chapter shall lapse
if not exercised within 36 months, except for good cause, from the effective
date of the permit, which is the expiration of any appeal period extended
months after their issuance, but shall not provide any vesting in the
event of zoning or other regulatory changes.
B. Any application for a zoning permit shall be submitted, accompanied by
such information as may be necessary to provide for the execution and
enforcement of this chapter. A record of all application, plans, and
permits shall be kept on file by the Building Commissioner. The Building
Commissioner shall take action in writing on an application for a
permit, either granting the permit or disapproving the application,
within 30 days of receipt of the application. The issuance of a zoning
permit does not relieve an applicant or owner of the responsibility to
obtain all required zoning and nonzoning permits.
§ 350-4.4 ZONING § 350-4.7
350:29
by any litigation related to the project. The Building Commissioner shall
determine if the use or construction has been exercised based upon a
determination of whether substantial construction has begun, and has not
been otherwise halted indefinitely, except for good cause, by such date. This
section shall become effective upon enactment by the Mayor for all valid
permits issued that are currently within the two-year tolling period which
will automatically extend to the three-year window and all subsequent
permits.
§ 350-4.8. Notice of violation and order.
§ 350-4.9. Prosecution of violation.
If the notice of violation and order is not complied with promptly, the
Building Commissioner, upon written request to the City Solicitor, shall have
available the services of the City Solicitor in instituting the appropriate
action or proceeding at law or in equity to prevent any unlawful action,
use or condition and to restrain, correct or abate such violation. If the
Building Commissioner shall refuse or fail to so request the services of
the City Solicitor, the City Council may require him to do so. Delay by the
Building Commissioner in instituting said proceedings shall not be imputed
to the City of Northampton. Penalties for violations may, upon conviction,
be affixed in an amount not to exceed $300 for each offense. Each day or
portion of a day, that any violation is allowed to continue shall constitute a
separate offense.
§ 350-4.10. Zoning Board of Appeals; variances; appeals.
A. The Building Commissioner shall serve a notice of violation and order to
any owner or person responsible for the erection, construction,
reconstruction, completion, conversion, or alteration of a structure or
change in use, increase in intensity of use or extension or displacement
of use of any structure or lot in violation of a permit or certificate issued
under the provisions of this chapter, or in violation of any provision of
this chapter, and such order shall direct the discontinuance of the
unlawful action, use or condition and the abatement of the violation
within a time to be specified by the Building Commissioner. Any owner,
who having been served with a notice, and who ceases any work or
other activity, or who fails to complete the structure, shall not leave any
structure or lot in such conditions as to be a hazard or menace to the
public safety, health, morals or general welfare.
B. If the Building Commissioner is requesting in writing to enforce the
ordinance against any person allegedly in violation of the same and
declines to act, he shall notify, in writing, the party requesting such
enforcement of any action or refusal to act, and the reasons therefor,
within 14 days of receipt of such request.
§ 350-4.7 NORTHAMPTON CODE § 350-4.10
350:30
§ 350-4.11. Appeal periods.
A. Membership. There shall be a Zoning Board of Appeals of three
members and two associate members, appointed as provided in
Chapter 40A of the Massachusetts General Laws.
B. Powers. The Board of Appeals shall have the following powers:
(1) To hear and decide appeals, as provided in Chapter 40A of the
Massachusetts General Laws. (See Subsection C below.)
(2) To hear and decide applications for special permits, as provided in
Chapter 40A of the Massachusetts General Laws. (See § 350-10.1.)
(3) To authorize upon appeal, or upon petition in cases where a
particular use is sought for which no permit is required, with
respect to a particular parcel of land or to an existing building
thereon, a variance from the terms of this chapter, as provided in
Chapter 40A of the Massachusetts General Laws. (See Subsection
C below)
C. Variances and appeals. Applications for variances and appeals shall be
heard by the Zoning Board of Appeals subject to the provisions of
Chapter 40A of the Massachusetts General Laws. A variance which has
the effect of allowing a use not specifically permitted for the district in
question under the Table of Use Regulations ("use variance") may be
permitted, subject to the provisions of said Chapter 40A.
D. Time limitations. No appeal or petition for a variance from the terms of
this chapter with respect to a particular parcel of land or the building
thereon, and no application for a special permit which has been
unfavorably acted upon shall be again considered within two years after
the date of such unfavorable action, except as provided in Chapter 40A
of the Massachusetts General Laws.
E. Zoning Administrator. The Board of Appeals, subject to confirmation by
the City Council, may appoint a Zoning Administrator. The Board of
Appeals may delegate to said Zoning Administrator some of its powers
and duties by a concurring vote of all members of the Board of Appeals
consisting of three members. Any person aggrieved by a decision or
order of the Zoning Administrator, whether or not previously a party to
the proceeding, or any municipal office or board, may appeal to the
Board of Appeals, as provided in MGL c. 40A, § 14, within 30 days after
decision of the Zoning Administrator has been filed in the office of the
City Clerk. Any appeal, application, or petition filed with said Zoning
Administrator for which no decision has been issued within 35 days
from the date of filing shall be deemed denied and shall be subject to
appeal to the Board of Appeals as provided in MGL c. 40A, § 8.
A. No variance or special permit, or any extension, modification or
renewal thereof, shall take effect until a copy of the decision bearing
the certification of the City Clerk that 20 days have elapsed after the
§ 350-4.10 ZONING § 350-4.11
350:31
§ 350-4.12. Extensions, modifications or renewals.
Any extensions, modifications or renewals of a special permit or variance
shall follow the same procedures as are required for the original granting
of a special permit or variance.
§ 350-5. Use Regulations
§ 350-5.1. Applicability of use regulations.
Except as provided in this chapter, no building, structure, or land shall
be used except for the purposes permitted in the district as described in
this article. Any use not listed shall be construed to be prohibited. Uses
permitted by right, by special permit, or by a variance shall be subject to all
other provisions of the Ordinance.
§ 350-5.2. Table of Use Regulations.
decision has been filed in the office of the City Clerk and no appeal
has been filed or that if such appeal has been filed, that it has been
dismissed or denied, is recorded in the Hampshire County Registry of
Deeds.
B. No work, including excavating or earth removal and on-site grading,
with regard to a specific project for which a special permit or variance
has been applied for, may be undertaken until said special permit or
variance has been granted and all applicable appeal periods have
expired.
A. The Table of Use Regulations is included at the end of this chapter.
B. Any use which is accessory to a principal use allowed under the Table of
Use Regulations shall be allowed only in connection with the bona fide
operation of a principal use allowed under the Table of Use Regulations,
and subject to the provisions of § 350-5.3 where applicable.
C. See also:
(1) Dimension and density regulations: § 350-6.0.
(2) Sign requirements: § 350-7.0.
(3) Parking and loading regulations: § 350-8.0.
(4) Site plan review/approval: §§ 350-11.1 to 350-11.6.
(5) Special Conservancy (SC): § 350-13.
(6) Water Supply Protection District: § 350-15.
(7) (Reserved)
(8) Farms, Forests and Rivers District: § 350-17.
§ 350-4.11 NORTHAMPTON CODE § 350-5.2
350:32
§ 350-5.3. Accessory uses.
Any use which is accessory to a principal use allowed by right shall be
allowed only in connection with such allowed principal use. Any use which
is accessory to a principal use allowed by special permit, and which is
not specifically included in the original special permit, shall be allowed
only after issuance of a new special permit. Cessation of a principal use
shall require cessation of any accessory use which is not otherwise allowed
as a principal use. The Building Commissioner shall be responsible for
determining what uses are principal and what uses are accessory. The
following shall be limitations on certain specific accessory uses:
(9) Industrial Park: § 350-19.
A. The keeping of farm animals, to include all farm animals and exotics,
and a related private stable, for personal use, is permitted as an
accessory use in accordance with the following conditions:
(1) The minimum acreage required for keeping any farm or exotic
animal, except as described below, shall be 30,000 square feet for
the first animal and 15,000 square feet for each additional such
animal. Animals under six months not to be counted for acreage
requirements.
(2) The minimum acreage required for keeping sheep, goats, llama,
rabbits, or poultry, except as allowed under household pets, shall
be 30,000 square feet for up to three animals and 10,000 square
feet for each additional such animal. Animals under six months not
to be counted for acreage requirements. (The requirements for
these animals are less stringent than other farm animals because
these animals have less environmental impact.)
(3) The location of any stable shall be not less that 100 feet from any
street lot line and not less than 30 feet from any other lot line.
(4) There must be adequate fencing to contain all farm animals at least
20 feet from all property boundaries at all times, except when
animals are being directly supervised by and under control of a
person.
(5) Stables, corrals and yards shall be properly drained and reasonably
free from excessive odor, dust, and mud, so as not to create a
nuisance or health hazard to the community or to surrounding
property owners, from an air or drainage pollution standpoint.
Maintenance of the stable and property used in the keeping of
animals shall conform to all health and wetland regulations.
(6) Horses, ponies, llamas and sheep may be kept for personal use
without being accessory to any other use, otherwise in accordance
with this section and § 350-5.2.
§ 350-5.2 ZONING § 350-5.3
350:33
§ 350-6. Dimensional and Density Regulations
§ 350-6.1. Applicability of dimensional and density regulations.
The regulations for each district pertaining to frontage, minimum lot area,
minimum lot width, minimum lot depth, minimum front yard depth,
minimum side yard width, minimum rear yard depth, maximum height of
buildings, maximum number of stories, and minimum open space shall
be as specified in § 350-2.1, Definitions, and as set forth in the Table of
Dimensional and Density Regulations,8 and subject to the further provisions
of this chapter.
§ 350-6.2. Table of Dimensional and Density Regulations.
B. The keeping of household pets for personal use is permitted as an
accessory use for animals commonly considered household pets,
including:
(1) Dogs.
(2) Cats.
(3) Fish.
(4) Birds (parrots, parakeets, doves, pigeons, etc.).
(5) Six or fewer rabbits.
(6) Six or fewer adult female chickens or up to three ducks per parcel
or per structure in the case where multiple residential structures
exist on one condominium parcel. Additional chicks and ducklings
are not subject to this limit. All of the following standards apply:
(a) Fowl must be maintained on the subject premises.
(b) Coop and run areas shall be regularly maintained to control
dust and odor and not constitute a nuisance or safety hazard.
(c) Coops shall be located at least four feet from property
boundaries, and no coop may be sited closer than 10 feet to an
existing residential structure on an abutting parcel.
(d) All stormwater runoff from the coop, run and compost areas
shall be contained on site.
(e) On-site slaughtering is prohibited.
A. See the Table of Dimensional and Density Regulations at the end of this
chapter plus attached notes, which are declared to be a part of this
chapter. Handicap access ramps for access by the physically
8. Editor's Note: The Table of Dimensional and Density Regulations is included at the end of
this chapter.
§ 350-5.3 NORTHAMPTON CODE § 350-6.2
350:34
§ 350-6.3. Reduction of dimensional and density regulations.
handicapped, as defined by MGL c. 40A, § 3, are exempt from these
dimensional requirements.
B. See also dimensional requirements under:
(1) Other dimensional and density regulations: §§ 350-6.3 to 350-6.10.
(2) Open space residential development (clusters): § 350-10.5.
(3) (Reserved)
(4) Water Supply Protection District (WSP): § 350-15.9.
(5) (Reserved)
(6) Farms, Forests and Rivers District: § 350-17.
C. In the event that the airport, fairgrounds, or other uses are
discontinued, this table will be reevaluated and the City will seek reuse
options via a public process that includes the neighborhood, the City
and its boards, and the business community.
A. Cul-de-sac frontage requirement. In the case of a subdivision, either
requiring or not requiring approval under the Subdivision Control Law,
the lot frontage and minimum lot width requirement in the Table of
Dimensional and Density Regulations may be reduced by not more than
20% for lots situated at the end of culs-de-sac or in other similar
situations, provided that said reduction is requested in writing by the
applicant and a majority of the Planning Board so agrees as a part of its
approval of the plan or a part of the determination that approval is not
required.
B. Dimensional averaging. The Planning Board may issue a special permit,
in accordance with § 350-10.10, changing frontage, lot depths,
setbacks, building coverage and open space (but not other dimensional)
requirements for a residential lot within any residential (R) district only
when the following conditions have been met:
(1) The new dimensional requirements must be at least as stringent as
the median of that dimension for all lots where any portion of those
lots is within 300 feet of the subject parcel and within the same
zoning district as the subject parcel; and
(2) The requested special permit will provide infill development, open
space for public use, or affordable units; and
(3) A list of all applicable dimensional measurements for lots within
300 (as calculated above) must be filed with the special permit
application as described in the Planning Board's bylaws.
C. Land donations; reduction of dimensional and density requirements.
The Planning Board may issue a special permit for a reduction of a
§ 350-6.2 ZONING § 350-6.3
350:35
required dimensional or density regulation required under § 350-6.2
where such reduction is for the purposes of donating land that is
contiguous and in common ownership with the land for which the
reduction is requested to the City of Northampton, or to other approved
tax-exempt conservation organizations, for open space/conservation
purposes. Such special permit may be issued provided that:
(1) Conservation Commission recommendations.
(a) Said special permit application and all supporting documents
(conservation restriction, easement plans, etc.) are forwarded
by the Planning Board to the Northampton Conservation
Commission for its review and recommendation relative to:
[1] The value of the resource area being protected and its
consistency with the City's Open Space and Recreation
Plan.
[2] The adequacy of the protection of said resource area.
[3] The adequacy of public accessibility to the resource area
being protected.
(b) Failure of the Conservation Commission to respond within 30
days of receipt of the special permit application shall be
deemed the Commission's lack of opposition thereto.
(2) The land was donated, with no financial or other consideration, to
the City or another nonprofit tax-exempt conservation organization
and was not transferred as a part of an open space residential
development or as a condition of any other City permit.
(3) If the land is not donated to the Northampton Conservation
Commission, such special permit is subject to obtaining the
approval (within nine months of the expiration of the appeal period
of the special permit) of a conservation restriction/public right-of-
way easement by the City Council and the Secretary of the
Executive Office of Environmental Affairs that will remain in effect
in perpetuity for that property being transferred.
(4) Prior to said donation, the lot conformed to all relevant zoning
requirements or was a preexisting nonconforming lot.
(5) That at least 40% of the required lot size and frontage requirement
remain as part of the lot exclusive of the donation, or for a
preexisting nonconforming lot, that at least 5,000 square feet of lot
area and 40 feet of frontage remain.
D. Effective as of August 1, 2018, when land is taken by the City or the
commonwealth for public purposes, not specified in § 350-6.3C above,
and when such conveyance renders the remainder of the lot newly
nonconforming or, as to a legally pre-existing nonconforming lot,
increases its nonconformity with the dimensional requirements of this
§ 350-6.3 NORTHAMPTON CODE § 350-6.3
350:36
§ 350-6.4. Separation of lots.
The following standards apply whenever land is divided:
§ 350-6.5. Screening and buffers.
Zoning Ordinance, that remainder lot shall be considered to be a
protected nonconforming lot subject to the provisions of § 350-9:
[Added 7-12-2018 by Ord. No. 18.096]
(1) If the remainder lot is not held in common with any adjoining
parcels; and
(2) If the remainder lot has a minimum of 3,750 square feet of lot size,
50 feet of frontage, and a minimum of 10 feet of setback from all
property lines regardless of the zoning district; and
(3) If the remainder lot is in a commercial or industrial district, the ten-
foot front setback requirement is measured from either a building
or a parking lot, whichever is closer to the front lot line.
A. The required lot or yard areas for any new building or use may not
include any part of a lot that is required by any other building or use to
comply with any provisions of this chapter.
B. The required lot or yard areas may not include any property of which
ownership has been transferred subsequent to the effective date of this
chapter if such property was a part of the area required for compliance
with the dimensional regulations applicable to the lot from which such
transfer was made.
C. Notwithstanding any other section or this chapter, land purchased by
the City of Northampton or by a nonprofit, tax-exempt conservation
organization for permanent water supply protection or for permanent
open space and conservation purposes need not meet dimensional
requirements of this chapter.
A. Screening and buffers shall be required on any lot in any industrial or
business district and for any industrial or business use where it adjoins
a lot in a residential district and shall be required on any lot in a
planned business park where it adjoins land not in the planned business
park, including collector streets which exist when a business park is
proposed, and on any nonresidential lot in a planned business park
district where it adjoins a residential lot as follows:
(1) This strip shall be at least 30 feet in width (100 feet in width in a
planned business park). It shall contain a screen of plantings of
vertical habit in the center of the strip not less than three feet in
width and six feet in height at the time of occupancy of such lot.
Individual shrubs shall be planted not more than five feet on center,
and individual trees thereafter shall be maintained by the owner or
occupants so as to maintain a dense screen year round. At least
§ 350-6.3 ZONING § 350-6.5
350:37
50% of the plantings shall be evenly spaced. Whenever possible,
existing trees and ground cover should be preserved in this strip,
reducing the need to plant additional trees. Trees may not be cut
down in this strip without site plan approval. (See § 350-11.)
(2) The Planning Board may issue a site plan approval (See § 350-11.)
allowing for a ten-foot reduction in the required width of the
landscaped buffer strip, provided that the Board finds that a sight-
impervious wall or fence is erected of appropriate materials and
sufficient height to screen abutting properties and will provide at
least as much noise mitigation as the vegetated barrier described
above.
B. In all industrial and business districts, except Central Business and any
General Business building built with 0 foot front yard setback, and for
any other industrial or business use, street frontage shall include shade
trees, and there shall be one tree planted an average of every 30 feet of
street frontage, using trees no less than 2.5 inches caliper at the time of
installation. Trees may be placed within the City right-of-way instead of
private property with the permission of the Department of Public
Works. In the case of an uncleared site, existing vegetation can be
preserved to achieve said objective.
C. In all industrial and business districts and for any industrial or business
use, when a parking lot is located adjacent to a public right-of-way at
least a ten-foot wide landscaped area between the right-of-way and the
parking lot shall be provided. This landscaped area shall include shade
trees, and there shall be one tree planted an average of every 30 feet of
street frontage, using trees no less than 2.5 inches caliper at the time of
installation.
§ 350-6.5 NORTHAMPTON CODE § 350-6.5
350:38
§ 350-6.6. Floodway.
No encroachments (including fill), new construction, substantial
improvements, or any other development shall be permitted within the
regulatory floodway, as designated on the National Flood Insurance
Program's Flood Boundary and Floodway Map, unless certification by a
registered professional engineer or architect is provided, demonstrating
that encroachments shall not result in any increase in flood levels during
the occurrence of the one-hundred-year flood.
§ 350-6.7. Accessory structures.
§ 350-6.8. Other general dimensional and density provisions.
In addition to the regulations in §§ 350-6.1 through 350-6.7 above, the
following regulations shall apply:
D. All landscaping required by this chapter shall be maintained in a
healthy growing condition, neat and orderly in appearance, and free of
refuse and debris. All plantings shall be arranged and maintained so as
to not obscure the vision of traffic. All landscaping must be conform to
§ 350-6.8, Other general dimensional and density provisions.
A. Detached accessory structures shall conform to all the applicable
requirements in the Table of Dimensional and Density Regulations
(§ 350-6.2), including setbacks, height and open space requirements. In
business and industrial districts, detached accessory structures shall
meet the same requirements as principal structures.
B. Any accessory below-ground or aboveground swimming pool shall be
completely enclosed by a fence at least four feet in height, having a self-
closing gate with a latch, except no fence shall be required if:
(1) The pool and any deck area surrounding said pool is not attached to
a building or to a deck or porch attached to a building and is
freestanding; and
(2) Access to said pool and any deck area surrounding said pool is
exclusively by means of ladders or stairs which are removable,
retractable, or may be secured in some other way as to prevent
access to the pool and any deck area surrounding said pool.
A. Principal structures on the same lot shall be located at least 10 feet
apart.
B. Projections into required yards or other required open spaces are
permitted subject to the following:
(1) Open terrace or steps or stoop, less than four feet in height, may
project into a required yard or open space up to 1/2 the required
setback.
§ 350-6.5 ZONING § 350-6.8
350:39
(2) Steps or stoop four feet and over in height, window sill, chimney,
roof eave, fire escape, fire tower, awnings, storm enclosure, or
similar architectural features may project not more than three feet
into a required setback.
C. The provisions of this chapter governing the height of buildings shall
not apply to the following, provided that these facilities comply with
FAA regulations and are no more than 130 feet above the ground,
except as provided in § 350-10.9, Telecommunications and personal
wireless facilities, or as further specified below:
(1) Chimneys, cooling towers, elevators, skylights, ventilators,
electronic equipment, or other necessary appurtenances usually
carried above the roof, but in no case may the total height of the
building including such facilities exceed 85 feet;
(2) Domes, towers, stacks, or spires on a principal building if not used
for human occupancy and, other than for churches, if not occupying
more than 20% of the ground floor area of the building, but in no
case may the total height of the building including such structures
exceed 85 feet;
(3) Ornamental towers, water towers, water storage facilities, water
stand pipes, cooling towers, observation towers, radio and
television broadcasting towers and antennas, telecommunication
facilities, or other like structures, which do not occupy more than
20% of the lot area, provided that no tower or similar structure is
located closer to a property line than the distance equal to its
height, except as provided in § 350-11.8, Telecommunications and
personal wireless facilities.
(4) Municipal- and publicly owned water towers, water storage
facilities, and water standpipes exceeding 20% of the lot area or
located closer to a property line than the distance equal to its
height shall be allowed by site plan approval from the Planning
Board, with the review limited to site layout and landscaping.
D. At no street intersection in any district shall any obstruction to vision
exceeding three feet in height above the plane established by the
intersection streets be placed or permitted to grow, on any lot within
the triangle formed by the lot lines abutting the intersection and a line
connecting points on these lot lines at a distance of 25 feet from the
point of intersection of the lot lines. This restriction shall also apply to
the intersection of a street and a driveway in a B or I District.
E. A fence, hedge, wall, sign or other structure or vegetation may be
maintained on any lot, provided that in the front yard area, no such
structure or vegetation shall be over three feet in height above the
adjacent ground within five feet of the front lot line unless it can be
shown that such vegetation will not restrict visibility in such a way as to
hinder the safe entry of a vehicle from any driveway to the street. In
residential districts, no fence shall exceed a height of 6 1/2 feet (eight
§ 350-6.8 NORTHAMPTON CODE § 350-6.8
350:40
§ 350-6.9. Dimensional and density regulations for lots located in
more than one zoning district.
Where a lot is located in more than one zoning district or municipality, the
following dimensional and density regulations shall apply:
§ 350-6.10. Flag lots.
feet when abutting a nonresidential district) unless a special permit has
been received from the Zoning Board of Appeals.
A. Frontage. The frontage requirement for the district or municipality in
which a majority of the frontage is located shall apply. If the lot has
equal frontage in all districts or municipalities, then the most restrictive
shall apply.
B. Lot area. The lot area requirement for the district or municipality in
which a majority of the lot area is located shall apply. If the lot has equal
area in all districts or municipalities, then the most restrictive shall
apply.
C. All other dimensional and density regulations. Those dimensional and
density regulations required in a particular district or municipality shall
apply to that portion of the lot, or structure, located in said district.
A. The Planning Board may issue a special permit allowing for the
reduction of the frontage requirements for lots in the RR and SR
Districts, when such lot is to be used solely for single-family residential
purposes, provided that said lot has:
(1) The portion of the flag lot with less than the usual required
frontage (the "flag pole") may be no deeper than 300 feet;
(2) Met the requirements of the Table of Dimensional and Density
Regulations, § 350-6.2; and
(3) An access roadway with no curve having a radius of less than 80
feet or, if access is from another lot, there must be area on the flag
lot for an access roadway with no curve having a radius of less than
80 feet; and
(4) The lot shall be laid out such that the principal structure (erected
or to be erected) may be located on the lot in such manner that a
circle, with a minimum diameter equal to 1 1/2 times the amount of
the minimum frontage requirement required for a nonflag lot in
that district, can be placed around the principal structure without
any portion of said circle falling outside of the property's line; and
§ 350-6.8 ZONING § 350-6.10
350:41
(5) For the subdivision of any single lot or contiguous lots under
common ownership, in existence at the time of adoption of this
chapter or subsequent thereto, there may be no more than three
flag lots having abutting, contiguous street frontage. Said
contiguous flag lots under common ownership shall share one
common curb cut and driveway access. Appropriate easements
shall be delineated on the plot plan and on the deeds to the lots,
including a clear provision for the responsibility for the
maintenance of the common driveway, common utilities (if any) and
snow removal, running with the land. Said easements shall:
(a) Become part of all of the deeds; and
(b) Be recorded at the Hampshire County Registry of Deeds or
Land Court, as applicable. (Proof of recording shall be
submitted to the Building Commissioner prior to the issuance
of any building permits.)
(6) The grade, length and location of access driveways shall be of
suitable construction, in the opinion of the Planning Board, for the
access and, where applicable, the turnaround for vehicles,
including moving vans, ambulances, fire and police. Said driveways
shall conform to all applicable provisions of this chapter.
B. Plans submitted to the Planning Board under this section shall be the
same as the plan submitted to the Planning Board under the
Subdivision Control Law, and shall include the statement "Lot(s) is a
flag lot: building is permitted only in accordance with the special flag
lot provisions of the Northampton Zoning Ordinance."
C. The special permit application shall include a plan showing the location
and layout of the proposed driveway and house and all provisions for
drainage and stormwater runoff.
D. A flag lot special permit shall be deemed to have been exercised (and
thereby shall not expire) when the special permit and endorsed
subdivision plans have been properly recorded at the Hampshire
County Registry of Deeds.
§ 350-6.10 NORTHAMPTON CODE § 350-7
350:42
§ 350-7. Signs
§ 350-7.1. Applicability.
All signs (accessory and nonaccessory) shall comply with the regulations for
the erection and construction of signs contained in the Building Code of the
City of Northampton, and all other applicable regulations including the sign
regulations contained in this chapter. In addition to the provisions of this
chapter, all nonaccessory signs, including the typical billboard signs, shall
be required to have the appropriate annual permit from the Massachusetts
Outdoor Advertising Board for any nonaccessory sign which is not in
conformity with applicable ordinances of the City of Northampton enacted
in accordance with Section 29 of Chapter 93 of the General Laws.
§ 350-7.2. General sign regulations.
A. Any traffic, informational or directional sign or festive banner owned
and installed by or for a governmental agency shall be permitted.
B. A sign (including temporary interior window displays or banners) or its
illuminator shall not by reason of its location, shape, size, or color
interfere with traffic or be confused with or obstruct the view or
effectiveness of any official traffic sign, traffic signal, or traffic marking.
A sign or any part thereof which moves or flashes, except such portions
of a sign as consist solely of indicators of time and/or temperature, shall
comply with the requirements herein as dynamic display. All
illumination of signs must be in conformance with § 350-12.2.
C. Temporary freestanding ground signs advocating any candidacy or
cause which is under consideration at a particular election or any other
cause or issue (not to exceed one sign per candidate/cause per lot) shall
be permitted, provided that such signs:
(1) Shall not exceed a size of six square feet and shall not be any closer
than 10 feet to any lot line.
(2) Shall not be any higher (the top) than four feet from the ground.
(3) May not be displayed on a building or structure unless said building
or structure is the headquarters or chief office of the candidate or
organization. (Said wall sign shall conform to the wall sign criteria
for that zoning district within which it is located.)
(4) May only be permitted to be placed on a building which is not the
headquarters or chief office of the candidate or organization when
the Building Commissioner determines that, because of the size of
the lot's setback areas and the location of the building on the lot,
such a sign cannot be adequately displayed on the ground itself.
(5) Shall not be displayed more than three months prior to the election
date, if the sign is related to an election.
§ 350-7 ZONING § 350-7.2
350:43
(6) Shall be taken down within three days following the election if the
sign is related to an election or within 90 days of installation if the
sign is not related to an election.
D. The limitations as to the number of signs permitted does not apply to
traffic or directional signs which are necessary for the safety and
direction of residents, employees, customers and visitors (whether in a
vehicle or on foot) of the business, industry, or residence. Such signs:
(1) Shall not exceed a maximum size of six square feet.
(2) Shall not be any higher (top of sign) than four feet from the ground.
(3) Shall be limited to one such directional sign per curb cut.
(4) If lighted, shall be illuminated internally or by indirect method with
white light only and shall be in conformance with § 350-12.2.
(5) May carry the name of the business or project, provided that said
name:
(a) Is clearly secondary in nature to the primary directional
function of the sign; and
(b) May be no greater than 1/2 the size of the directional message.
E. Along with the height restrictions herein, a sign, together with any
supporting framework, shall not extend above the roofline of the
associated structure on the site. In the case of a building with a pitched
roof, the eave line of the building shall be considered the roofline.
F. The supporting members for any pole sign, projecting sign, or any other
sign shall be in acceptable proportion to the size of the sign.
G. No sign shall be erected so as to obstruct any door, window or fire
escape on a building.
H. No more than one sign indicating the meetings and existence of any
Northampton civic organization may be erected within a street right-of-
way at each boundary line of the City or each gateway to Northampton,
as identified by the Board of Public Works. Said sign shall not exceed 25
square feet in area and shall require the approval of the Board of Public
Works.
I. No sign, except for a traffic regulatory or informational sign, shall be
erected which uses the words "stop," "caution," or "danger" or other
similar words in such a manner as to present or imply the need or
requirement of stopping or caution or the existence of danger, or which,
for any reason, in the opinion of the Chief of Police, is likely to be
confused with any traffic regulatory or informational sign.
J. If lighting is provided for a sign, the source of light shall be either from
within the sign or shall be white light exterior to the sign and shielded
§ 350-7.2 NORTHAMPTON CODE § 350-7.2
350:44
so as prevent direct glare from the light source onto any public street
or onto any adjacent property.
K. In any district, one unlighted temporary sign offering premises for sale
or lease for each parcel in one ownership shall be permitted, provided
that it shall not exceed six square feet in surface area, and it shall be set
back at least 10 feet from the street lot line or 1/2 of the building
setback distance, whichever is less.
L. In any district, one unlighted temporary sign of an architect, engineer
or contractor may be erected during the period such person is
performing work on the premises, provided that it shall not exceed four
square feet in surface area, and it shall be set back at least 10 feet from
the street lot line, or 1/2 of the building setback distance, whichever is
less.
M. The Board of Appeals may issue a special permit allowing more than the
number of signs herein permitted and/or for signs of a larger size, but
not taller than herein permitted, provided that:
(1) Signs are located only where they are otherwise permitted in the
district; and
(2) The Board of Appeals determines that the architecture of the
building, the location of the building or the land or nature of the
use being made of the building or land is such that additional signs
or signs of a larger size would not detract from the character of the
neighborhood and should be permitted in the public interest.
Additional ground signs shall only be approved if there are
exceptional circumstances to warrant their approval and if all
efforts are undertaken to keep additional ground signs as small and
low as possible.
(3) The Board of Appeals specifies in the permit the exact sign
permitted, the size and location of the sign or signs, and, if
applicable, imposes other restrictions. Any change in said signs
requires a new or revised special permit unless the special permit
specifies what types of changes are allowed.
N. The Building Commissioner is authorized to order the repair or removal
of any sign and its supporting structure which, in his judgment, is
dangerous, or in disrepair or which is erected or maintained contrary to
this chapter.
O. No sign shall contain fluorescent colors. No sign shall contain red or
green lights if such colors would, in the opinion of the Chief of Police,
constitute a driving hazard.
P. Signs painted or placed on the inside of the window shall be permitted,
provided that the aggregate area of such signs does not exceed 20% of
the area of the window glass.
§ 350-7.2 ZONING § 350-7.2
350:45
§ 350-7.3. Signs permitted in any R or SC District.
In all R and SC Districts, the following exterior accessory signs and no
others are permitted:
Q. All signs, except for those authorized under § 350-7.2D, shall be
removed within 30 days of the date from which they no longer serve
their intended function (i.e., no longer provide the service,
establishment or product being advertised).
R. A school, college or other educational institution may erect temporary
signs for identification of special programs, alumni events, or other
temporary or short-term (less than 12 weeks) educational programs.
Such signs shall be permitted, provided that:
(1) Such signs shall not exceed a size of three square feet and shall not
be any closer than two feet to any lot line.
(2) The top of the sign shall not be more than four feet above the
ground.
(3) Such signs shall not be displayed for more than three days prior to
nor one week (a total of 10 days) after the start of said program or
event.
(4) For temporary events which occur every year, signboards must be
of durable construction.
S. A sign may not include text, graphics or pictures defined as obscene in
MGL c. 272, § 31, if, taken as a whole, it (1) appeals to the prurient
interest of the average person applying the contemporary standards of
the county where the offense was committed; (2) depicts or describes
sexual conduct in a patently offensive way; and (3) lacks serious
literary, artistic, political or scientific value; nor may signs depict or
describe sexual conduct or sexual excitement as defined in MGL c. 272,
§ 31.
T. "Dynamic display sign" means any sign designed for outdoor use that is
capable of displaying an electronic signal, including, but not limited to,
cathode-ray tubes (CRT), light-emitting diode (LED) displays, plasma
displays, liquid-crystal displays (LCD), or other technologies used in
commercially available televisions or computer monitors. Signs with
this technology which are placed by a public agency for the purpose of
directing or regulating pedestrian or vehicle movement use are exempt
from this chapter.
U. A dynamic display sign on, in, or part of any portable/mobile vehicle
parked in view of the public way, whether registered or unregistered,
and which carries or displays any sign or billboard will be regulated as
a ground sign.
§ 350-7.2 NORTHAMPTON CODE § 350-7.3
350:46
A. One front wall sign located on the first-floor facade for each legal mixed
use or other commercial use, provided that such sign shall not exceed
1.5 square feet in surface area.
B. One identification sign for each dwelling unit, provided that such sign
shall not exceed two square feet in surface area; if lighted, it shall be
illuminated internally or by indirect method with white light only in
conformance with § 350-12.2; and it shall not be used other than for
identifying the occupancy.
C. Institutional and other nonresidential uses in residential districts
allowed in accordance with:
(1) Each membership club, funeral establishment, nursing care facility
may have one ground identification sign up to a maximum of 10
square feet in surface area. If signs are illuminated, they may only
be illuminated between the hours of 7:00 a.m. and 10:00 p.m.
(2) Churches, community centers, schools may have one ground sign
up to a maximum of 40 square feet in surface area. Such signs shall
be set back at least 1/2 the required depth of the front yard
setback. Signs may only be illuminated between the hours of 7:00
a.m. and 10:00 p.m. Signs may contain dynamic display, as defined
in § 350-7.2T above, so long as the following are met:
(a) The dynamic display area may be no more than 1/2 the total
sign area.
(b) Minimum display time between display changes shall be 30
minutes. Transition time to next display shall be less than one
second.
(c) Display boards shall not emit sound.
(d) If images are displayed, only static, nonfluctuating,
nonchanging video images are allowed.
(e) Signs must have photocells that automatically dim in dark
conditions in direct correlation to natural ambient light
conditions. At no time shall the sign lights be greater than 0.3
footcandle above ambient light conditions.
(3) Tourist home/bed-and-breakfast establishments may have one
identification sign, attached flush to the structure (not to exceed
three square feet in surface area), provided that such sign, if
lighted, shall be in conformance with § 350-12.2 and may only be
illuminated between the hours of 7:00 a.m. and 10:00 p.m.
(4) Ground signs shall not be taller than five feet above average
finished grade at the foot of the sign.
§ 350-7.3 ZONING § 350-7.3
350:47
§ 350-7.4. Signs permitted in any B District.
The following signs shall be permitted in any B District:
D. For approved residential subdivisions, townhouse, multifamily, and
open space developments, one ground sign identifying the
development, provided that:
(1) It shall not exceed 12 square feet in surface area on any one side
and shall not have more than two sides.
(2) It shall be located on private property and set back at least 15 feet
from any street lot line.
(3) The top of the sign shall not rise more than five feet above the
ground or sidewalk within five feet of the sign.
(4) If lighted, it may only be illuminated between the hours of 7:00 a.m.
and 10:00 p.m. No dynamic displays are allowed.
(5) Such a sign shall only be permitted so long as the approved access
within the development is not a City-accepted public way. Once said
access has been accepted by the City Council as a City right-of-way
said sign shall be removed, and a standard City street sign shall be
installed.
E. In residential zoning districts, one temporary freestanding ground sign
up to six square feet addressing traffic safety concerns shall be
permitted. For the purposes of this section, "temporary" shall be
construed to mean less than 90 days in any calendar year.
F. No more than one sign shall be allowed for any one establishment in the
R District.
A. Signs permitted in § 350-7.3 (R Districts), subject to the same
regulations.
B. Business signs shall be permitted as wall signs as follows:
(1) They shall be attached and parallel to the wall of the building; and
(2) They shall not project horizontally more than 12 inches therefrom
(except as noted below) and, if the sign is designed to allow
pedestrian traffic under the sign, shall be a minimum of seven feet
above the ground; signs projecting more than 12 inches over a
public way shall be permitted by the Board of Public Works in
accordance with Chapter 264, Signs, Article I; and
(3) One main (frontage) wall sign on the street frontage for each
establishment in the structure plus one directory wall sign,
provided that:
§ 350-7.3 NORTHAMPTON CODE § 350-7.4
350:48
(a) The sign's surface area shall not be larger than 10% of the
frontage wall area of the facade of the story which is occupied
by the establishment or 100 square feet, whichever is less; and
(b) The total surface area of all main wall signage of a building
shall not be larger than 10% of the main wall area of the
ground floor; and
(c) Except in the Central Business District, when an establishment
is located on a lot with more than one frontage (i.e., a corner or
through lot) a main (frontage) wall sign may only be displayed
on one of the frontages. The other frontage(s) may display a
side wall sign as allowed below. In the Central Business
District, a main wall sign can be placed on any wall with street
frontage instead of a side wall sign.
(4) One side wall sign per structure (except in the CB District, where it
may be one side wall per establishment plus one directory wall sign
on the structure) on each side wall (that wall facing a non-rear lot
line), provided that:
(a) The surface area of the sign shall not be larger than 25 square
feet; provided, however, that in the CB District, the total
surface area of all the side wall signs for each side wall of a
building shall not exceed 100 square feet or 10% of the side
wall area of the ground floor of the side where the signs are
located, whichever is less; and
(b) Side wall signs are not permitted on side walls which face or
abut (within 100 feet) a residential zoning district.
(5) Rear wall. One rear wall sign per structure, provided that:
(a) The rear wall abuts upon a public right-of-way or a public or
private parking lot; and
(b) The surface area of the sign shall not be larger than 25 square
feet; and
(c) The sign shall not be higher than 10 feet above grade.
(6) Dynamic displays shall comply with the following:
(a) Minimum display time between display changes shall be 30
seconds. Transition time to next display shall be less than one
second.
(b) Display boards shall not emit sound.
(c) The display must be turned off at 11:00 p.m. or at the close of
business, whichever is later.
(d) Signs must have photocells that automatically dim in dark
conditions in direct correlation to natural ambient light
§ 350-7.4 ZONING § 350-7.4
350:49
conditions. At no time shall the sign lights be greater than 0.3
footcandle above ambient light conditions.
C. Business signs shall be permitted as awning/canopy and awning/canopy
signs as follows:
(1) An awning/canopy may display the street address for the building
and may also have either one sign along the bottom of the front of
the awning/canopy or a sign along the bottom of both sides of the
awning/canopy, identifying the establishment located therein,
provided that the letters, numbers, characters, logos, etc., of such
address and signs do not exceed a height of four inches. The
purpose of said additional awning/canopy signage is for pedestrian
(not automobile) traffic.
(2) Instead of the wall sign permitted under § 350-7.4B above, an
awning/canopy attached to the building may have a sign of the size
that would otherwise be allowed on the building wall itself. Said
sign must conform to all other requirements for a wall sign.
(3) The entire backlit or illuminated area of a lit awning/canopy which
has any letter or symbols anywhere on the canopy shall be
considered a wall sign and must conform to the size and location
requirements of wall signs. Illumination shall be in conformance
with § 350-12.2.
(4) Awnings/Canopies overhanging a public right-of-way must also be
approved by the Department of Public Works.
D. Business signs shall be permitted as ground signs as stipulated below. If
ground signs contain dynamic displays, such signs must comply with
Subsection B(6) above. Informational boards may emit sound only if
such boards are used as accessory to drive-through sales and service
establishments and if they are not directed/oriented to the street. Such
boards are not considered ground signs under these provisions.
(1) In the HB or M District, one ground sign for each lot, provided that:
(a) It shall not exceed 100 square feet in surface area on any one
side; and
(b) It shall be set back at least 15 feet from any street lot line; and
(c) It shall not rise to more than 15 feet from the ground or
sidewalk to the top of the sign; and
(d) It shall not have more than two sign faces.
(e) Ground signs shall be located on the same lot as the structure
or establishment being advertised.
§ 350-7.4 NORTHAMPTON CODE § 350-7.4
350:50
(2) Where a single lot is occupied by more than one business, whether
in the same structure or not, there shall not be more than one
ground sign per lot.
(3) In particular instances, upon review by Office of Planning and
Development staff, sign site plan approval for one ground sign, in
addition to the wall sign(s) permitted in § 350-7.4B above, for each
lot frontage of each lot in the Neighborhood Business (NB), General
Business (GB), Entranceway Business (EB) and Central Business
(CB) Districts may be granted, provided that:
(a) Sufficient evidence is presented to show that the structure, the
orientation of the structure, the location or setback of the
structure, or the location of establishments in the structure,
especially affecting such structure or establishment, but not
generally affecting the zoning district in which it is located,
which restrict the visibility of wall sign(s) otherwise allowed by
this chapter.
(b) Said ground sign shall be located on the same lot as the
structure or establishment being advertised.
(c) Said ground sign shall not exceed a height of 10 feet, nor have
a surface area greater than 80 square feet in the CB, GB or EB
District or greater than 20 square feet in the NB District.
Illuminated signs that meet ordinance shall be turned off
within half an hour of close of business. Any applicant seeking
a larger sign than specified above or any applicant denied a
permit may apply for a special permit to the Zoning Board of
Appeals in accordance with standard application procedures.
(d) Ground signs shall be located on the same lot as the structure
or establishment being advertised.
E. Business signs shall be permitted as a two-sided projecting blade sign
(i.e., small signs that project perpendicular to the building) as follows:
(1) There shall only be one blade sign per business. If there is more
than one business in the same building, there may not be more than
one sign per 20 feet of frontage on the same building.
(2) Only businesses on the first floor of a building may have a blade
sign.
(3) The sign may not project more than three feet from the facade of a
building.
(4) The sign may not exceed six square feet of total surface area per
sign.
(5) The sign may not exceed two inches in width.
§ 350-7.4 ZONING § 350-7.4
350:51
§ 350-7.5. Signs permitted in any I and PV Districts.
In all I, BP and PV Districts, the following exterior signs, and no others, are
permitted:
(6) The bottom of the sign shall not be less than nine feet and the top of
the sign shall not be less than 15 feet, both measured above the
sidewalk.
(7) The sign shall not be internally lit.
(8) Blade signs shall be located on the same lot as the structure or
establishment being advertised.
F. Temporary outdoor signs shall be permitted as follows:
(1) One temporary banner of no more than 25 square feet on a
property for retail, service and restaurant uses in the Highway
Business District for a period not to exceed 30 days per year.
(2) One temporary banner of no more than 25 square feet on a
property for new retail, service or restaurant uses in the Central
Business, Entranceway Business and General Business Districts for
a period not to exceed 30 days.
A. Signs permitted in § 350-7.3 (R Districts), subject to the same
regulations.
B. Business signs shall be permitted as follows:
(1) In all GI Districts, and for PV Districts as provided in Subsection
B(4) below, not more than two wall signs for each building,
provided that each sign:
(a) Shall not project horizontally more than 12 inches from the
wall of the building;
(b) The surface area of each sign shall not aggregate more than
7 1/2% of the area of the front or side wall area of the floor on
which it is displayed;
(c) If lighted, it shall comply with lighting standards in
§ 350-7.4B(6), whether dynamic or static.
(2) In all OI Districts, one wall sign shall be permitted, subject to the
regulations set forth in § 350-7.4 above.
(3) In all OI and GI Districts, and for PV Districts as provided in
Subsection B(4) below, one ground sign for each building, provided
that:
(a) It shall not exceed 100 square feet in surface area;
(b) It shall be set back at least 15 feet from any street lot line;
§ 350-7.4 NORTHAMPTON CODE § 350-7.5
350:52
§ 350-7.6. Nonconforming accessory signs.
Preexisting nonconforming accessory signs may not be changed, extended
or altered unless the change brings the sign into conformity with the
provisions of this chapter or unless said change is limited to changing
the sign letters or symbols and/or changing panels and does not alter the
structure of the sign itself. The following preexisting nonconforming signs,
however, may be changed, extended or altered if there is a finding by the
Zoning Board of Appeals that such change, extension or alteration will not
be substantially more detrimental than the existing nonconforming sign to
the neighborhood, and provided that such change, extension or alteration
will not make the sign any more nonconforming than it now is (i.e., higher,
taller, bigger, closer, etc.):
§ 350-7.7. Nonconforming, nonaccessory (general advertising)
signs.
All nonconforming, nonaccessory signs in existence and lawfully erected
before the adoption of this chapter may continue to be maintained,
notwithstanding anything to the contrary in this § 350-7; provided, however,
that no proposed new nonaccessory sign shall be permitted in any district
from and after the adoption of this chapter, nor may existing nonaccessory
sign panels be reconstructed to add, modify, convert to LED or other
electronic sign technology.
(c) It shall be erected so that no portion of it is over 15 feet in an I
or BP District and over 10 feet in a PV District above the
ground or sidewalk; and
(d) If lighted, it shall comply with lighting standards in
§ 350-7.4B(6), whether dynamic or static display.
(4) For PV Districts, for each building either up to two wall signs, as
described in Subsection B(1) above, or one ground sign, as
described in Subsection B(3) above.
(5) For GI and PV Districts where a number of individually owned
parcels are developed as a single collective entity (i.e., an industrial
or planned village), the Planning Board may grant a special permit
permitting one additional ground sign for each entrance to the
development (not to a specific building) off of a collector street
identifying the collective entity and/or the individual businesses
located therein. Said sign must conform to all of the requirements
for ground signs contained in Subsection B(3) above.
A. Preexisting nonconforming accessory signs in residential districts.
B. Preexisting nonconforming projecting signs in the Central Business
District.
§ 350-7.5 ZONING § 350-7.8
350:53
§ 350-7.8. Permit required; fees.
No sign shall be erected, altered or enlarged until a permit has been
issued by the Building Commissioner. Such permit shall be issued only
if the sign complies or will comply with all applicable provisions of this
chapter. The permit and/or permit number shall be affixed to the sign in
the manner prescribed by the Building Commissioner. A schedule of fees for
such permits may be determined from time to time by the City Council. The
provisions of this section shall not apply to signs permitted in a residential
area nor to temporary signs allowed under the provisions of § 350-7.2 of this
chapter.
§ 350-7.9. Stationary sandwich board signs.
Stationary off-premises sandwich board signs (intended for pedestrian
orientation) are permitted in the Central Business (CB) District,
Entranceway Business (EB), General Business (GB) District and
Neighborhood Business (NB) District for restaurants and retail business
establishments in those districts. All sandwich board signs must receive a
permit from the Northampton Board of Public Works in accordance with the
provisions of §§ 264-2 and 264-3 of the Code of Ordinances for the City of
Northampton.
§ 350-8. Off-Street Parking and Loading Regulations
§ 350-8.1. Off-Street parking requirements.
For all zoning districts, off-street parking spaces shall be provided for
every new structure, the enlargement of an existing structure, and new or
expanded uses, except as noted below, in accordance with the Table of Off-
Street Parking Regulations and other requirements contained herein.
A. For all zoning districts, except General Business (GB) Districts, in cases
of a change in use where the existing use (or in cases of vacancy, the
next previous use) did not provide for the number of off-street parking
spaces required under this chapter, then the proposed use shall only
have to provide an additional number of off-street parking spaces equal
to the increase, if any, between the number required under this chapter
for the existing use and the number required for the proposed use.
B. For Entranceway Business (EB) and General Business (GB) Districts
only, no additional off-street parking is required for the following:
(1) Continued use or reuse of existing buildings, as long as that use or
reuse does not increase the total floor area within the building nor
include outside storage of cars for sale or rent.
(2) The replacement of existing finished floor space and unfinished
basements on the same parcel with site plan approval (but no
increase in net floor space).
§ 350-7.8 NORTHAMPTON CODE § 350-8.1
350:54
(3) The addition of a second floor to one-story (for the purpose of this
section, basements shall not count as a story) buildings existing in
the CB District only on January 1, 1996. (This is to encourage the
restoration of building heights in the CB District which are more
uniform and consistent with the scale of development which has
historically existed.) However, the addition of additional floors or
an expanded building footprint shall be subject to the parking
requirements.
(4) Municipal facilities and municipal properties.
C. Table of Off-Street Parking Regulations. Parking shall be provided to
serve the parking needs which are generated by a particular use or
structure. When there is more than one primary use of a structure, the
parking requirements for each use must be met unless one use is
incidental to the principal use of the structure. Additional spaces where
passengers may be dropped off may be required by the Planning Board
for projects which require site plan approval.
Table of Off-Street Parking Regulations
Use
In Central Business
(one space per)
All Districts other
than CB
(one space per)
Any dwelling unit
(including
residential
component of
mixed residential/
work space),
except as noted
below
500 square feet of gross
floor area, up to a
maximum of two per
dwelling unit
Multifamily
dwelling for
elderly and people
with disabilities,
lodging house,
dormitory, SRO,
and halfway house
1,000 square feet of
gross floor area, up to a
maximum of one per
dwelling unit for
multifamily dwellings
Theater,
gymnasium,
auditorium,
church or similar
place of public
assembly, with
seating facilities
Six seats of total seating
capacity
Three seats of total
seating capacity
§ 350-8.1 ZONING § 350-8.1
350:55
Table of Off-Street Parking Regulations
Use
In Central Business
(one space per)
All Districts other
than CB
(one space per)
Automobile retail,
sales, rental,
service, and wash,
and nonauto retail
and service
establishment
utilizing extensive
indoor and
outdoor display
areas
800 square feet of gross
floor space, including
outdoor display areas.
Hotel, motel, bed-
and-breakfast (See
restaurant entry
for associated
restaurants which
are open to
nonguests.)
Establishment, plus one
per sleeping room, plus
one per 400 square feet
of meeting rooms
Establishment, plus one
per sleeping room, plus
one per 400 square feet
of meeting rooms
Takeout
restaurants
(establishments
selling foods
prepared on
premises, where
consumption is
primarily off the
premises)
1.3 seats of seating
capacity, plus one per
100 square feet of
kitchen and waiting
areas
Sit-down
restaurants
Two seats of total
seating capacity
Bars and
nightclubs
Four seats of total
seating capacity
Two seats of total
seating capacity
Commercial,
retail, personal
service,
professional and
business offices,
including banks,
insurance and real
estate
establishments,
but not medical
uses
300 square feet of gross
floor area
§ 350-8.1 NORTHAMPTON CODE § 350-8.1
350:56
Table of Off-Street Parking Regulations
Use
In Central Business
(one space per)
All Districts other
than CB
(one space per)
Medical/Dentist
offices medical
marijuana
dispensaries
200 square feet of gross
floor area
Manufacturing,
industrial, utility,
power plant,
warehouse,
storage, or
wholesale
establishment
(calculate
associated office
with office use)
1,000 square feet gross
floor space
Hospital
(excluding medical
offices and uses
which are not part
of the hospital
definition)
500 square feet gross
floor area
Kindergarten to
12th grade
schools, YMCA,
community facility
(City building,
recreation),
library, museum,
funeral parlor, and
country club
400 square feet of gross
floor area
College, business,
trade, or industrial
school classroom,
laboratory, and
other teaching
areas
200 square feet of gross
floor area (no parking
required for on-campus
auditoriums of 300+
seats)
Mixed use Sum of various uses
computed separately
§ 350-8.1 ZONING § 350-8.1
350:57
§ 350-8.2. Off-street loading and unloading requirements.
§ 350-8.3. Existing spaces.
Table of Off-Street Parking Regulations
Use
In Central Business
(one space per)
All Districts other
than CB
(one space per)
Temporary and
seasonal uses in
unheated outdoor
space in any
business or
industrial district
None required
Any permitted use
not covered by this
schedule
Closest use determined
by Building
Commissioner
A. Provisions must be made for adequate off-street loading for all uses,
except for residential and agricultural use. At a minimum, each retail,
wholesale and industrial use over 25,000 square feet of gross floor area
and all other service, community facility, utility and business uses over
75,000 square feet of gross floor area shall have at least one loading
space. The Planning Board may, as part of site plan approval, require
additional loading spaces or reduce the requirement for loading spaces.
B. The loading spaces shall be on the same lot as the use they are intended
to serve. Loading spaces shall not be used to satisfy parking
requirements.
A. Parking or loading spaces being maintained in any district in
connection with any existing use on the effective date of this chapter, or
any spaces subsequently provided in accordance with this chapter, shall
not be decreased or any way removed from service to the use originally
intended to be served, so long as said use remains, unless a number of
parking or loading spaces is constructed elsewhere, such that the total
number of spaces conforms to the zoning requirements. This regulation
shall not, however, require the maintenance of more parking or loading
spaces than is otherwise required. Existing or new parking spaces that
are not allocated to specific projects or uses can be allocated to future
projects that are developed within two years by site plan approval.
B. Off-street parking or loading spaces which are developed to serve a use
or structure and which are subsequently accepted by the City of
Northampton for parking or loading purposes shall be considered to
continue to meet the parking and loading space requirements so long as
said use and structure remains.
§ 350-8.1 NORTHAMPTON CODE § 350-8.4
350:58
§ 350-8.4. Computation of spaces.
When the computation of required parking or loading spaces results in the
requirement of a fractional space, any fraction of 1/2 or more shall require
one space.
§ 350-8.5. Combined facilities.
The Planning Board may issue a special permit permitting two or more
buildings or uses located on separate lots to provide for their required
parking in combined facilities on the same lot, subject to the provisions of
§ 350-8.7.
§ 350-8.6. Shared parking.
In all zoning districts, except the Central Business (CB) Districts, the
Planning Board may:
§ 350-8.7. Location of parking spaces.
A. Through site plan approval, allow the reduction of the parking space
requirements of up to 20% of that required in the Table of Off-Street
Parking Regulations where conditions unique to the use will reasonably
justify such a reduction, including two-story buildings in the Highway
Business (HB) District.
B. Through site plan approval, reduce parking requirements for major
projects listed in § § 350-8.1 by up to 20% of parking needed for
employees (no credit for parking needed for visitors or customers) if:
(1) The applicant incorporates satisfactory methods, acceptable to the
permit granting authority, to reduce the need for parking into their
design and into the trip-reduction plan described in
§ § 350-11.5B(3) by at least the same percentage; and
(2) If the site plan approval is conditioned on the on-going use of those
trip-reduction methods with effective enforcement tools included.
C. Through a special permit, allow a greater percentage reduction where
joint use of the same spaces by two or more uses or establishments is
justifiable by virtue of the fact that the uses or establishments generate
peak demand at substantially different time periods.
A. Required off-street parking spaces shall be provided on the same lot as
the principal use they are required to serve. When practical difficulties
exist which prevent their establishment on the same lot, the Planning
Board may grant a special permit to allow off-site parking spaces in a
nonmunicipal lot. When measured along pedestrianways from the edge
of the principal use's parcel, the closest point of that nonmunicipal lot
must be:
(1) Five hundred feet; or
§ 350-8.4 ZONING § 350-8.7
350:59
§ 350-8.8. Parking and loading space standards.
All parking and loading areas shall comply with the following:
(2) One thousand feet from the premises to which they serve if:
(a) The off-site parking will be shared by more than one land use;
and
(b) The greater distance is justified because of pedestrian traffic
patterns and the vitality of the adjacent land uses that would
be part of the walk; and
(c) Patrons or employees of the principal land are likely to actually
utilize the provided off-site parking; or
(3) Parking spaces for colleges or educational uses shall be located on
contiguous or adjacent land owned by the college or educational
use. For the purposes of this section, contiguous or adjacent land
shall include land in common ownership, even if separated by
public or private roads, or rivers, or streams, or private property,
when said private property is not more than 150 feet wide.
B. A special permit issued under this provision shall be coterminous with
the length of the lease and shall expire if and when the lease for said
parking expires.
A. A parking space shall be at least 8 1/2 feet in width and 18 feet in
length, with at least 18 feet of backing-up and maneuvering area
directly behind the space (which may be shared with other spaces).
Except for parking spaces for the same residential housing unit, each
space must be laid out so that it does not block access to another
parking space.
§ 350-8.7 NORTHAMPTON CODE § 350-8.8
350:60
B. The layout of the parking area shall allow sufficient space for the
storage of plowed snow without reducing the number of required
parking spaces, unless removal by some other means is provided.
C. Any fixture used to illuminate any parking area shall be so arranged as
to direct the light away from the street and away from adjoining
premises used for residential purposes and shall be in conformance
with § 350-12.2.
D. Parking shall not be located within five feet from the front lot line for
residential uses, 15 feet for uses in M District, nor 10 feet for other
uses. For all residential uses in all residential districts except for URC,
parking for more than two vehicles shall not be permitted within the
front yard setback. Parking is not permitted within any of the setbacks
in the Planned Village District.
E. Parking and loading spaces, other than those required for single- and
two-family dwellings, shall be so arranged as to prohibit backing of
vehicles onto any street.
F. Unless directly opposite an intersecting street, no portion of a driveway
entrance or exit shall be closer than 50 feet to the curbline of an
intersecting street nor shall it be closer than 50 feet to any portion of an
existing driveway located in a business or industrial district.
G. There shall be a maximum of one driveway curb cut per lot. In CB, GB,
EB and HB Districts, a special permit from the Planning Board is
required for more than one curb cut. The Planning Board may only issue
a second curb cut if the applicant can show that there is something
unique about the property that would otherwise render flow to and from
the property unsafe and unmanageable. If the Board finds that more
than one curb cut is necessary for traffic safety purposes, then
additional off-site traffic mitigation may be required by the Planning
Board to address pedestrian safety within the abutting street network.
In all other districts, the Planning Board may, as part of site plan
§ 350-8.8 ZONING § 350-8.8
350:61
approval, allow additional driveways/curb cuts if, and only if, such
permit will promote and improve safe and efficient traffic circulation.
Residential driveways shall generally be over the front lot line directly
from the street. Residential driveways may be constructed across side
and rear lot lines directly from the street, however, when the
Department of Public Works finds, or the Planning Board issues a site
plan approval, that the driveway will not degrade safety. Driveways
shall not cross lot lines of adjoining properties without Planning Board
site plan approval.
H. A driveway's entrance or exit shall not exceed, at its intersection with
the front lot line, a width of 15 feet for single- , two- and three-family
uses and 24 feet for all other uses, except that the Planning Board may,
as part of site plan approval, allow a thirty-foot width if, and only if,
such approval will promote safe and efficient traffic circulation.
I. The parking area and access driveways thereto shall be graded and
drained so as to dispose of all surface water accumulation in
accordance with acceptable engineering practices.
J. Except on a farm, not more than one commercial vehicle, and said
vehicle shall not exceed a weight of 10,000 pounds gross weight shall
be garaged or in any way stored on any lot in any Residential (R)
District.
K. No private access street or driveway serving a parking lot for
nonresidential use shall cross property in a residential district except
with a special permit granted by the Planning Board.
L. No more than two unregistered motor vehicles (any vehicle that does
not have a valid registration legally issued by a governmental
authority), and no motor vehicle accessories which are not parts of said
two vehicles may be parked, stored or otherwise placed on a parcel of
land in the City of Northampton without a special permit from the
Zoning Board of Appeals. This section shall not apply to the parking,
storage or otherwise placing of unregistered motor vehicles and/or
motor vehicle accessories where such parking, storage or placement is
in connection with a legally established business selling new and/or
used automobiles and trucks, or automotive repair or automobile
service stations. This section shall also not apply to trucks and tractors
which are in use for bona fide agricultural purposes.
M. All permitted unregistered motor vehicles and/or motor vehicle
accessories shall be screened from the view of the public and from
abutting public ways and from abutting properties by being enclosed
within a structure or sight impervious fencing or screening.
N. A zoning permit must be received from the Building Commissioner and
a driveway permit from the Department of Public Works, for all new or
relocated driveways or parking lots.
§ 350-8.8 NORTHAMPTON CODE § 350-8.8
350:62
§ 350-8.9. Additional standards for over five spaces.
In addition to § 350-8.8 above, all parking and loading areas containing over
five spaces, including automotive and drive-in establishments of all types,
shall either be contained within structures or shall also comply with the
following:
O. Any use (drive-ins, etc.) which requires the "stacking" of vehicles
waiting in line must be able to provide for the stacking of at least five
vehicles in each line without the cars exceeding the boundaries of the
lot.
P. No portion of individual, private driveways shall exceed a slope of 10%
with switchbacks and turns reasonable for emergency vehicle access.
However, driveways between 10% and a maximum of 12% on south-
facing slopes with no curves may be approved by the Office of Planning
and Development in consultation with the Fire Department when it is
determined that no public safety issues will be created with such
driveways. However, the Planning Board may allow steeper grades by
special permit, when it is determined that no public safety issues will be
created with such driveways.
Q. For all driveways with grades greater than 8% or longer than 500 feet
and which do not result in total site disturbance of one acre or more
triggering a Department of Public Works stormwater permit, a drainage
plan shall be submitted to the Office of Planning and Development for
review and approval.
R. Shared driveways for residential access in residential districts require
site plan approval from the Planning Board and:
(1) Shall not service more than three lots (six lots for common
driveways that loop to a road in two locations and are not dead-
ends in any location).
(2) Shall provide the only vehicular access to the lots being serviced by
it, and shall be so stated in the lot deeds.
(3) Shall be of suitable construction, grade, length and location, in the
opinion of the Planning Board, for the access and turnaround of
cars, trucks, ambulances, fire, and police, which will be utilizing
such driveway. At a minimum, a common driveway shall not exceed
grade of 10%, shall have a width of a least 15 feet, shall have
passing turnouts providing a total width of at least 20 feet along a
distance of at least 25 feet, spaced with no more than 300 feet
between turnouts, and with the first such passing turnout being
located within 10 feet of the driveway connection to the street, and
shall conform to all other driveway requirements of this chapter.
(4) Shall be described on easements and easement plans approved
with the site plan
§ 350-8.8 ZONING § 350-8.9
350:63
A. The area shall be effectively screened with suitable planting or site
impervious fencing on each side which adjoins or faces the side or rear
lot line of a lot situated in any Residential R District.
B. The area and access driveways thereto shall be surfaced with
bituminous concrete, cement concrete or pervious pavement (not to
include any form of gravel or equivalent). The location of spaces shall
be suitably marked by painted lines or other appropriate markings.
C. A substantial bumper of masonry, steel, or heavy timber, or a concrete
curb or berm curb which is backed, shall be placed at the edge of
surfaced areas except driveways in order to protect abutting
structures, properties and sidewalks and screening materials.
D. There shall not be any business operation for vehicle repair for profit or
gasoline or oil service facilities or any repair made to any motor
vehicles, except on a lot occupied by a permitted automotive use. Any
gasoline or oil facilities shall be at least 25 feet from any lot line.
E. There shall not be any storage of materials or equipment or display of
merchandise within parking areas except as part of approved building
operations.
F. In surface parking lots with more than 75 parking spaces, the expanse
of pavement shall be interrupted by separating rows of parking spaces
from each other and from driveways by using planting strips which may
also contain pedestrian sidewalks at least six feet in width. Provision of
these planting strips shall take into account the need to store snow, to
locate light poles, to allow safe pedestrian movement, to maximize
emergency access, and to separate different traffic movements. In
addition, if an existing parking lot is expanded to over 75 spaces,
planting strips shall be required for the entire lot. All proposals to
construct or modify such parking lots shall be reviewed by the Planning
Board in light of the requirements of this section. The Planning Board
may waive planting strips if it deems appropriate only for the portion
and number of parking spaces that are covered by one or more
photovoltaic canopies.
§ 350-8.9 NORTHAMPTON CODE § 350-8.9
350:64
§ 350-8.10. Special provisions in Central Business District for
meeting off-street parking requirements.
§ 350-8.11. Bicycle parking.
G. Fire lanes or emergency access points required for buildings or other
structures shall be protected from unauthorized parking through the
provision of curbs, mountable barriers, landscaped areas or such other
improvements subject to the approval of the Fire Chief and Chief of
Police, which in turn meets the objective of precluding parking in the
restricted area.
H. Surface parking lots with over 15 parking spaces serving uses located
in Business, Industrial or Planned Village Districts must have at least
one shade tree (minimum two-inch caliper) for every 15 provided
parking spaces. The number of trees per 15 parking spaces shall be
tabulated for all spaces unless the Planning Board finds that, for the
spaces covered by photovoltaic canopies, there is no adequate location
on site to meet the requirement for those covered spaces.
A. Payment made to the City of Northampton in lieu of providing some or
all of the required off-street parking spaces for a project in the CB
District shall be allowed by right.
B. The fee to be paid shall be $2,000 per parking space. Fees paid to the
City of Northampton, in lieu of providing required parking spaces on
site shall be deposited into a Downtown Parking Reserve Account to be
used solely for expenses (land acquisition, design engineering services
and construction costs, but not maintenance costs) related to adding
parking spaces, improving the utilization of existing parking spaces, or
reducing the need for new parking to serve the Central Business
District. Requests to appropriate funds out of this reserve account shall
be filed with the City Council and referred to the Office of Planning and
Development, Planning Board, and Northampton Transportation and
Parking Commission, which shall have 60 days to forward their
comments and recommendations before a City Council vote of the
appropriation is taken.
A. Bicycle parking shall be provided for any new building, addition or
enlargement of existing building, or, except for in the Central Business
District, for any change in the use of a building.
B. The number of bicycle parking spaces shall be calculated using the
following table.
§ 350-8.9 ZONING § 350-8.11
350:65
Table of Short-Term and Long-Term Bicycle Parking
Requirements
Use Bicycle Parking Requirement*
Residential, hotel, motel, bed-and-
breakfast
0.1 space per dwelling unit or
hotel room (of which at least 50%
shall be long-term)
Theater, gymnasium, auditorium,
church, takeout or sit-down
restaurant, bar, nightclub, YMCA,
library, museum, funeral parlor,
country club, community facility,
commercial, retail, seasonal retail,
personal service, office, hospital,
other medical uses
1.0 space per 1,000 square feet
Manufacturing, industrial, utility,
power plant, warehouse, storage,
wholesale establishment,
automobile retail, sales, rental,
service and wash
0.1 space per 1,000 square feet
K-12 school, college, classroom,
laboratory, and other teaching
areas
5.0 spaces per classroom
Mixed use Requirements for each use
Business, trade, or industrial
school
2 per classroom
Temporary uses in unheated
outdoor space in any business or
industrial district
None required
Any permitted use not covered by
this schedule
Closest use determined by
Building Commissioner
NOTE:
*The Office of Planning and Sustainability can authorize a reduction
in parking requirements when there are unique reasons why new
bicycle parking is not required, including the availability of adequate
public bicycle parking, or accept payment in-lieu of bicycle racks when
providing racks on public property provides a better option.
C. All short-term bicycle parking shall incorporate bicycle racks and the
following additional specifications (See Northampton Bicycle Parking
Guide for graphics and precedents.):
(1) Bicycle racks shall be located within 50 feet of the primary building
entrance. If the primary building entrance is within 50 feet of the
public right-of-way, the bicycle rack should also be located adjacent
§ 350-8.11 NORTHAMPTON CODE § 350-8.11
350:66
to public streets or sidewalks or, with City approval, within the
public right-of-way.
(2) Bicycle racks shall allow at least 2.5 feet of clear horizontal
distance from the center point of the bicycle rack in a direction
perpendicular to the length of the bicycle, and at least three feet of
clear horizontal distance from the center point of the bicycle rack
in each direction parallel to the length of the bicycle, to provide
adequate space to store and remove a standard bicycle.
(3) Bicycle racks shall be arranged either in rows (bicycles are parked
side-to-side) or in alignment (bicycles are parked end-to-end).
Where bicycle racks are arranged in rows, they shall be spaced at
least 2.5 feet apart on center. Where bicycle racks are arranged in
alignment, they shall be spaced at least eight feet on center.
(4) When a bicycle rack is placed perpendicular to the curb, it must be
located on the sidewalk with at least four feet from the curb to the
nearest vertical component of the bicycle rack, and units placed
parallel to the curb must be placed on the sidewalk with at least
two feet from the curb to the bicycle rack.
(5) Bicycle racks shall be at least eight feet from a curbside or wall fire
hydrant.
(6) Where 20 or more bicycle parking spaces are required, at least 5%
of the required spaces must provide an additional two feet of space
parallel to the length of the bicycle to accommodate tandem
bicycles or bicycles with trailers.
(7) Bicycle racks shall include surfacing that is designed and
maintained to be mud and dust free. The use of rock or gravel areas
is permitted, provided that edging materials, such as landscape
timbers, are used so that the bicycle parking space is clearly
demarcated and the rock material is contained.
(8) With the exception of residential uses, bicycle racks must be
sufficiently separated from motor vehicle parking areas to protect
parked bicycles. The separation may be accomplished through
grade separation, distance or physical barrier, such as curbs, wheel
stops, poles, vegetation, or similar features.
(9) With the exception of single- and two-family uses, bicycle racks
must be accessible by way of at least one clear, lighted, ADA-
accessible stabilized-surface five-foot-wide access route from
bicycle parking to a public right-of-way that does not require
carrying the bicycle and is free of any obstructions.
(10)Bicycle racks that require a use-supplied locking device shall be
designed to accommodate both chain and U-shaped locking devices
and shall support the bicycle frame at two locations (not just the
wheel).
§ 350-8.11 ZONING § 350-8.11
350:67
§ 350-9. Nonconforming Uses, Structures, and Lots
§ 350-9.1. Nonconformity by initial enactment or amendment.
The provisions of this section apply to actions in connection with
nonconforming uses, structures, and lots as created by the initial enactment
of this chapter or by any subsequent amendment thereto. The above
sentence shall not apply to landscaping, sidewalks, and parking
requirements within any commercial district. Any change of site within
such district that triggers site plan approval or entails a change of use
requires that the site come into compliance with the ordinance with respect
to parking lot layout, landscape screens, plantings, buffers and curb cuts,
unless it is impossible to meet these standards. In all cases, there shall
be some landscape buffer between the public right-of-way and off-street
parking lots.
§ 350-9.2. Extension and alteration.
(11)Bicycle racks may provide bicycle parking spaces on each side,
provided that both sides meet the spacing requirements set forth
herein. If a bicycle rack meets the spacing requirements on one
side of the stand but not the other (as may be the case where a
bicycle rack is attached to a wall), then it may provide bicycle
parking spaces on that side only.
(12)The preferred designs for bicycle racks are post and loop, and
inverted "U." Other designs may be approved by Planning Board or
Office of Planning and Sustainability to allow new or innovative
technologies that provide equal or greater convenience and
accessibility to bicyclists when compared to facilities designed
according to the Northampton Bicycle Parking Guide standards.
A. This Zoning Ordinance shall not apply to structures or uses lawfully in
existence or lawfully begun, or to a valid building or special permit
issued before the first publication of notice of the public hearing on this
chapter or to any other exemptions in accordance with MGL c. 40A, § 6.
The ordinance shall apply to any change or substantial extension of
such use, to a building or special permit issued after the first notice of
said public hearing, to any reconstruction, extension or structural
change of such structure, and to any alteration of a structure begun
after the first notice of said public hearing to provide for its use for a
substantially different purpose or for the same purpose in a
substantially different manner or to a substantially greater extent.
Notwithstanding the above, nothing in this section shall be construed to
allow a change of a nonconforming use to a new, nonconforming
medical or retail marijuana use.
B. A finding, as used in this chapter, requires that the Zoning Board of
Appeals determine that a change, expansion or alteration to a
preexisting nonconformity will not be substantially more detrimental to
§ 350-8.11 NORTHAMPTON CODE § 350-9.2
350:68
§ 350-9.3. Change, extension or alteration of legally preexisting
nonconforming structures, uses, or lots.
Legally preexisting nonconforming structures, uses, or lots may be
changed, extended or altered as set forth below, except as noted in
§ 350-9.2A above. If a use is not eligible under one subsection, proceed to
the next subsection.
the neighborhood than the existing nonconforming nature of the
structure, lot and or use. The Zoning Board may impose conditions as
part of approving a finding.
C. Applications for findings, as allowed in this chapter, shall follow the
same procedural requirements as special permit applications; however,
a finding shall be granted upon the vote of a simple majority of the
Zoning Board of Appeals.
A. A preexisting nonconforming structure or use may be changed,
extended or altered:
(1) As-of-right if the expansion/change itself meets all the dimensional
and use requirements of the current zoning.
(2) As-of-right in a residential district, when said change is from a
preexisting nonconforming use to a conforming residential use, and
§ 350-9.2 ZONING § 350-9.3
350:69
there are no changes to the exterior of the structure or lot and no
new nonconformities are created by such change/conversion.
(3) As-of-right when said change or alteration is limited to rebuilding a
single- or two-family home destroyed by fire or other natural
disaster within two years of the disaster. Reconstruction must
either meet the current zoning requirements or fall within the same
footprint and height of the destroyed home so as not to expand the
nonconforming nature of said home.
(4) As-of-right when said change or alteration is limited to rebuilding
any other building not more than 50% destroyed by fire or other
natural disaster when the change is limited to rebuilding or
replacing the structure within the preexisting footprint and height
of the existing structure or within an area and height that conforms
to all dimensional requirements and all construction occurs within
two years of the disaster.
(5) As-of-right, if the expansion (vertical or horizontal) is for a
residential use and does not extend either further than five feet into
a required setback or further than the existing nonconforming
structure, whichever is less and such extension does not create any
new zoning violation (such as further reducing a setback or open
space).
§ 350-9.3 NORTHAMPTON CODE § 350-9.3
350:70
(6) As-of-right, if the expansion (vertical or horizontal) is for a
residential use and does not extend either further into a required
setback than the existing nonconforming structure, and such
extension does not create any new zoning violation (such as further
reducing a setback or open space), and the applicant provides
written evidence satisfactory to the Building Commissioner that all
owners of all parcels within 300 feet of the subject property have
no objection to the expansion.
(7) With a finding from the Zoning Board of Appeals so long as the
change does not involve a sign (see § 350-7 for signs) and
§ 350-9.3A(5) above does not apply and when the expansion
extends (vertically or horizontally), but does not increase the
nonconforming nature of the property and does not create any new
zoning violation (such as further reducing a setback or minimizing
open space).
§ 350-9.3 ZONING § 350-9.3
350:71
(8) With a finding, in accordance with § 350-9.2, for a proposed change
of use.
(9) With a variance, for any use except for a single- or two-family, when
said change, extension or alteration will create any new violation of
the present zoning requirements or if change is an expansion of
preexisting nonconforming retail use.
§ 350-9.3 NORTHAMPTON CODE § 350-9.3
350:72
(10)With a special permit for a single- or two-family home when the
Zoning Board makes a finding that the change which includes new
zoning violations (such as reduction of open space, new setback
encroachments or further encroachments into the setback, etc.)
will not be substantially more detrimental to the neighborhood than
the existing nonconforming single- or two-family structure.
(11)With a combination of a finding and variance when applicable.
B. A conforming use on a preexisting nonconforming lot: A conforming use
on such a lot may be changed, extended or altered:
(1) As-of-right to the same conforming use in a conforming structure,
which meets all the dimensional, and density provisions of the
current zoning, except for the preexisting nonconforming
dimensional elements.
§ 350-9.3 ZONING § 350-9.3
350:73
(2) With a finding from the Zoning Board of Appeals when said change,
extension or alteration is to a different conforming use which a)
meets all the dimensional and density provisions of the current
zoning, except for the preexisting nonconforming dimensional
elements and b) does not trigger a review under other sections of
the Zoning Ordinance by any other board. When no other board is
required to review the proposed change, extension or alteration,
the Zoning Board shall make a finding as defined in § 350-9.2B. If
the proposal triggers review by another Board under Subsection B,
above, no ZBA finding shall be required.
(3) With a variance to a conforming use which requires a larger
minimum lot area, minimum lot width or frontage or minimum lot
depth than is required for the present use or creates any other new
zoning violation.
(4) With a combination of a finding and variance when applicable.
C. A preexisting nonconforming lot may be changed, extended or altered:
(1) As-of-right if such change, extension or alteration to the lot does
not increase the nonconforming nature of the property, only brings
the lot into total conformance with the zoning requirements in
existence at the time of said change, extension or alteration, or
adds to the lot.
(2) As-of-right whenever a group of adjoining lots in common
ownership is separated or the ownership of one or more lots
changed, if each of the lots will conform to all provisions of this
chapter, or if the lots are residential lots and each lot contained a
principal residential structure at the time the adjoining lots came
under common ownership and no changes were made to the
structures or lots during the time in which the lots were commonly
§ 350-9.3 NORTHAMPTON CODE § 350-9.3
350:74
§ 350-9.4. Single-lot exemption for single- and two-family use.
Any increase in area, frontage, width, yard or depth requirements of this
chapter shall not apply to a vacant lot for single- and two-family residential
use, which:
§ 350-9.5. Abandonment and discontinuance.
Any nonconforming use of a conforming structure and/or lot which has been
abandoned or discontinued for a continuous period of two years or more
shall be deemed extinguished and shall not be reestablished. For purposes
of this section, the abandonment period shall not be considered broken
by temporary occupancy, except when such temporary occupancy is for a
period of 60 or more consecutive days and when said temporary occupancy
involves the exercise of nonconforming use.
§ 350-10. Special Permits9
§ 350-10.1. Special permits.
Special permits authorized by this chapter shall be granted only after
application to and a hearing by the special permit granting authority and
subject to the provisions of MGL c. 40A and this chapter. The special
permit granting authority responsible for hearing a particular proposal shall
be that board designated in the Table of Use Regulations (§ 350-5.2)10 or
other applicable sections. The special permit granting authority shall be the
Planning Board if no other board is specified.
owned, in a way that increased the nonconforming nature of these
lots.
A. Has at least 5,000 square feet of area and 50 feet of frontage; and
B. Is in an area zoned for single- or two-family use (A special permit must
be obtained if one is required.); and
C. Conformed to existing zoning requirements when the lot was legally
created, if any; and
D. Is in separate ownership prior to the City Council vote which made the
lot nonconforming, and has maintained its separate identity.
A. Application for a special permit shall be made to the Office of Planning
and Development and City Clerk on forms provided for that purpose,
accompanied by the required fee. Specific rules governing the
application and fee shall be adopted by each special permit granting
authority along with its rules of procedure and shall be applicable to
those special permits which are under its jurisdiction. When the
application has been received in a completed form as defined by said
9. Editor's Note: The section numbers in this § 350-10 were changed 2-1-2001.
10.Editor's Note: The Table of Use Regulations is included at the end of this chapter.
§ 350-9.3 ZONING § 350-10.1
350:75
rules, a copy shall be forwarded to the City Clerk. The stamp of the City
Clerk shall designate the date of filing.
B. Procedures.
(1) Special permits shall only be issued following public hearings held
within 65 days after filing of an application. Advertising and notice
of hearing shall be conducted by the Office of Planning and
Development subject to the rules of procedure adopted by the
special permit granting authority having responsibility for the
particular proposal in question.
(2) As specified in MGL c. 40A, § 11, all special permit decisions shall
be recorded prior to commencement of work. In addition, the site
plans shall be recorded with the decisions. The form and number of
pages to be recorded shall be determined by the Planning Board.
This provision may be waived by the Planning Board.
C. A special permit may only be granted, and is only valid, when the
ordinance specifically authorizes the issuance of a special permit for
that use. Before granting an application for a special permit, the special
permit granting authority must find all of the following criteria are met:
(1) The requested use protects adjoining premises against seriously
detrimental uses. If applicable, this shall include provision for
surface water drainage, sound and sight buffers and preservation
of views, light, and air; and
(2) The requested use will promote the convenience and safety of
vehicular and pedestrian movement within the site and on adjacent
streets, minimize traffic impacts on the streets and roads in the
area. If applicable, this shall include considering the location of
driveway openings in relation to traffic and adjacent streets, access
by emergency vehicles, the arrangement of parking and loading
spaces, and provisions for persons with disabilities; and
(3) The requested use will promote a harmonious relationship of
structures and open spaces to the natural landscape, existing
buildings and other community assets in the area; and
(4) The requested use will not overload, and will mitigate adverse
impacts on, the City's resources including the effect on the City's
water supply and distribution system, sanitary and storm sewage
collection and treatment systems, fire protection, streets and
schools; and
(5) The requested use meets any special regulations set forth in this
chapter; and
(6) The requested use bears a positive relationship to the public
convenience or welfare. The use will not unduly impair the integrity
of character of the district or adjoining zones, nor be detrimental to
§ 350-10.1 NORTHAMPTON CODE § 350-10.1
350:76
§ 350-10.2. Removal of sand, gravel, quarry or other earth
materials.
For the removal of sand, gravel, quarry, loam, sod or other earth materials,
other than that which is incidental to and in connection with the
construction of a building for which a permit has been issued in accordance
with these zoning regulations, and for processing and treating raw
materials, the following conditions shall govern:
the health, morals, or general welfare. The use shall be in harmony
with the general purpose and intent of the ordinance; and
(7) If applicable, the requested use will promote City planning
objectives to the extent possible and will not adversely effect those
objectives, as defined in City master or study plans adopted under
MGL c. 41, § 81C and 81D.
D. The special permit granting authority shall also impose, in addition to
any applicable conditions specified in this chapter, such additional
conditions as it finds reasonably appropriate to safeguard the
neighborhood or otherwise serve the purposes of this chapter,
including, but not limited to, the following: front, side or rear yards
greater than the minimum required by this chapter; screening buffers
or planting strips, fences, or walls, as specified by the special permit
granting authority; modification of the exterior appearance of the
structures; limitation upon the size, number of occupants, method and
time of operation, time duration of permit, or extent of facilities; traffic
features in accordance with the regulations of loading or other special
features beyond the minimum required by this chapter. Such conditions
shall be imposed in writing, and the applicant may be required to post
bond or other security for compliance with said conditions in an amount
satisfactory to the special permit granting authority. In addition, when
applicable, a site plan shall be submitted to the Planning Board for its
final approval in accordance with the site plan approval in § 350-11 of
this chapter.
A. Any existing sand or gravel removal activity operating under a permit
issued prior to the date of adoption of this chapter may continue until
the expiration of the permit, except that any expansion or change in
operation not covered by such permit shall require conformance with
the above regulations.
B. Removal and processing operations shall not be conducted closer than
50 feet to a public street or to any property line.
C. No equipment, except mobile equipment for sorting, washing, crushing,
grading, drying, processing, and treating, shall be used closer than 100
feet to any public street or to the line of any adjoining property.
D. Off-street parking shall be provided as required in the Table of Off-
Street Parking Regulations.11
§ 350-10.1 ZONING § 350-10.2
350:77
E. Any access to excavated areas or areas in the process of excavation
shall be adequately posted with "KEEP OUT - DANGER" signs.
F. No excavation, quarry, bank or work face extending under original
ground level shall create a slope of more than one vertical to two
horizontal. Such fence shall be located 10 feet or more from the edge of
the excavation or quarry, and shall be at least six feet in height.
G. Adequate provision is to be made for drainage during and after the
completion of operations.
H. Lateral support shall be maintained for all adjacent properties.
I. The use of explosives shall be done in accordance with the regulations
for storage or handling of explosives as published by the
Commonwealth of Massachusetts.
J. All operations shall be conducted in such a manner so as to comply with
the laws of the Commonwealth of Massachusetts regulating water
pollution and air pollution.
K. Hours of operation shall be designated.
L. Provisions shall be made for the adequate control of dust during
operation.
M. Required site plan. Site plans for the removal areas shall be prepared
by a registered professional engineer or a registered land surveyor
according to § 350-11, with the following additional information.
(1) Water supply and sanitary sewerage systems and temporary and
permanent drainage systems for the site.
(2) Topographic mapping showing existing contours at intervals of not
more than two feet and contours of finished grade after the
conclusion of the operation.
(3) Replacement of at least four inches of topsoil over all excavated,
filled, or otherwise disturbed surfaces and seeding with a perennial
cover crop, reseeded as necessary to assure uniform growth and
soil surface stabilization.
(4) Submission of plan for lighting if night operation is contemplated.
(5) Proper provision for vehicular traffic, service roads, and control of
entrances and exits to highways.
(6) The relocations of existing and future buildings and operations
machinery to the removal areas.
(7) Delineation of the existing removal areas and the proposed area for
removal in the immediate future.
11.Editor's Note: See § 350-8.1C.
§ 350-10.2 NORTHAMPTON CODE § 350-10.2
350:78
(8) Provision for a substantial fence enclosing the excavation or quarry.
N. Required reuse plan. Reuse of a removal site is in the public interest.
Therefore, land reuse plan(s) on a scale of 100 feet to the inch or
greater must be submitted to and approved by the Planning Board,
subject to the regulations set forth below:
(1) The Planning Board may require that up to five approved
alternative future land reuse plans be submitted for such land as is
used for the extraction of sand, gravel, rock, loam, sod, and
associated earth materials. A land reuse plan is also required
where an existing extraction operation is extended below the grade
of adjacent ground.
(2) Said land reuse plan and its implementation applies to the
conversion of the abandoned site and its planned reuse, including
landscaping and suitable erosion control. It is, therefore, required
that any land reuse plan correspond to a situation which could
reasonably occur in the immediate future (zero to five years), and
be revised as necessary as the existing physical character of the
removal area changes.
(3) The land reuse plan or any part thereof which reasonably applies to
an area which has been abandoned from removal use shall be put
into effect within one year of the abandonment of said operation.
"Abandonment" for the purposes of this subsection shall be defined
as the visible or otherwise apparent intention of the owner of user
of the land to discontinue the use of the land for a continuous
period of one year. Temporary operating of less than 30 days shall
not be construed to interrupt any continuous period of
abandonment.
(4) A reuse plan as defined in this section shall be required for each
operation which would come under this section prior to three years
from the date of adoption of this amendment, and shall be subject
to all of the review procedures as provided in this section,
notwithstanding the fact that the operation itself is being
undertaken under the provisions of previously existing Zoning
Ordinance.
O. The Planning Board shall require a surety bond signed by a surety
company authorized to do business in the Commonwealth of
Massachusetts, or other acceptable performance security, in an amount
approved by the Board as sufficient to guarantee conformity with the
provisions of the permit issued hereunder.
P. Exemption. The removal of earth material in any of the following
operations shall be exempt from this section:
(1) The removal of less than 10 cubic yards of material in the
aggregate in any year from any one lot.
§ 350-10.2 ZONING § 350-10.2
350:79
§ 350-10.3. Filling of any water or wet area.
For the filling in of any pond, lake, swamp, or other existing body of water
or wet area where such filling is not covered by § 350-13 or 350-14; and
where such filling in requires an amount of fill equivalent to 500 cubic yards
or more, or where the area to be filled in exceeds 10,000 square feet and
only subject to the eventual approval by the Northampton Conservation
Commission under the applicable provisions of Massachusetts Wetlands
Protection, the following conditions apply:
(2) The transfer of material from one part of a lot to another part of the
same lot.
(3) The removal of material necessarily excavated in connection with
lawful construction of a building, structure, street, driveway,
sidewalk, path or other appurtenance, provided that the quantity of
material removed does not exceed that actually displaced by the
portion of such building, structure, street, driveway, sidewalk, path
or other appurtenances below finished grade.
Q. For a continuation of an operation beyond a period designated in the
initial permit, a new application must be granted in the same manner as
for the initial permit except that the Planning Board may waive
requirements for submittal of materials required by this section. The
waiver must be granted in writing by the Board to the applicant. All
other provisions relating to operational standards and permit
procedures shall apply.
A. A site plan shall be submitted as required in § 350-11, including the
following additional information:
(1) The premises and surrounding area within 100 feet showing;
(2) Existing and proposed contour lines at intervals of not more than
two feet resulting from the proposed filling in, in relation to the
topography of the premises;
(3) A tie-in to the nearest road intersection;
(4) A plan for lighting if night operation is contemplated.
B. Provision shall be made for temporary and permanent drainage of the
site.
C. Fills shall be limited to terrace fills which are not to exceed 10 feet at
any one time nor be within 10 feet of an adjacent property line or any
cut.
D. Regrading of all or parts of the slopes resulting from such fill shall be
carried out.
§ 350-10.2 NORTHAMPTON CODE § 350-10.3
350:80
§ 350-10.4. Filling of land other than water or wet area.
For the filling in of any land area which is not excepted in Subsection A
below, no such filling in of land shall proceed without first securing a special
permit according to the regulations and procedures set forth in § 350-10 of
this chapter, subject to the provisions contained herein.
E. At least six inches of topsoil shall be replaced over all filled or otherwise
disturbed surfaces with seeding with a perennial cover crop, reseeded
as necessary to assure uniform growth and soil surface stabilization.
F. Where any fill will have a depth of 10 feet or more and create a slope of
more than one vertical in two horizontal, there shall be a substantial
fence enclosing the fill at least six feet in height with suitable gates.
Such fence shall be located 10 feet or more from the edge of the fill.
A. Exceptions The filling in of any land area shall be exempt from this
section, provided that all of the following conditions are complied with:
(1) A filling-in operation which does not exceed a total of 500 cubic
yards of material.
(2) A filling-in operation which does not exceed a total area of 10,000
square feet on any lot, land parcel or subdivision thereof.
(3) A filling-in operation which is associated with acceptable
agricultural land management practices, including but not limited
to plowing and construction of agricultural structures; nursery
operations, such as the removal and/or transplanting of cultivated
sod, shrubs, and trees; logging operations.
(4) Filling-in operations associated with refuse disposal and sanitary
landfill facilities within the City of Northampton and operated in
accordance with all appropriate state and local regulations.
(5) Filling-in operations necessary in connection with lawful
construction of a building, structure, street, driveway, sidewalk,
path or other appurtenance.
(6) Filling, as a maintenance measure, or for landscaping purposes on
existing developed lots or parcels, provided that the aggregate of
area(s) affected does not exceed 10,000 square feet; the grade
change does not exceed 12 inches at any point and does not alter
the drainage patterns; and the filling-in does not involve a quantity
of material in excess of 100 cubic yards.
B. For a continuation of an operation beyond a period designated in the
initial permit, a new application must be made and a new special permit
must be granted in the same manner as for the initial permit, except
that the Planning Board may waive requirements for submittal of
materials required by this section. The waiver must be granted in
writing by the Planning Board. All other provisions relating to
§ 350-10.3 ZONING § 350-10.4
350:81
operational standards and permit procedures shall apply. A separate
permit shall be required for each separate noncontiguous site and for
any expansion on the same site.
C. A site plan shall be filed with the Office of Planning and Development
for any land which is to be filled and is not exempted under the
provisions of Subsection A of this section. Site plans for fill areas shall
be prepared by a registered professional engineer or a registered land
surveyor in accordance with this section and § 350-11. Site plans must
include the following for the site to be filled and the area within 100 feet
of the site to be filled:
(1) The premises and surrounding area within 100 feet showing the
area to be filled in, property lines within which the filling is
proposed, existing and proposed contour lines at intervals of not
more than two feet resulting from the proposed filling in, in relation
to the topography of the premises.
(2) The location of any buildings, structures, utilities, sewers, water
and storm drains within 100 feet of the site.
(3) A certification of the quantity of fill involved.
(4) Detailed plans of all temporary and permanent drainage provisions,
retaining walls, cribbing, vegetative practices, erosion and
sedimentation control measures and all other protective measures
and devices utilized or constructed in connection with the area to
be filled.
(5) A timing schedule and sequence indicating the anticipated starting
and completion dates.
(6) A plan for lighting if night operation is contemplated.
(7) Other plans, drawings or materials as may be required by the
Planning Board.
D. Conditions for the filling in of any land area subject to the provision of
this § 350-10.4 of this chapter, the following conditions shall govern:
(1) Provision shall be made for adequate temporary and permanent
drainage of the site.
(2) Fills shall be limited to terrace fills which are not to exceed 10 feet
at any one time nor be within 10 feet of an adjacent property line or
cut.
(3) Regrading of all or parts of the slopes resulting from such fill shall
be carried out.
(4) At least six inches of topsoil shall be replaced over all filled or
otherwise disturbed surfaces seeded or sodded with a perennial
§ 350-10.4 NORTHAMPTON CODE § 350-10.4
350:82
cover crop, reseeded or resodded as necessary to assure uniform
growth and soil surface stabilization.
(5) Where any fill will have a depth of 10 feet or more and create a
slope of more than one vertical in two horizontal, there shall be a
substantial fence enclosing the fill at least six feet in height with
suitable gates. Such fence shall be located 10 feet or more from the
edge of the fill.
(6) Filling of land area which falls within the superimposed Floodplain
District is prohibited.
(7) The planned filling in of any land area shall be consistent with any
recreation, conservation and open space plan as prepared by the
City Planning Board.
(8) Documentation shall be submitted as to the effect of such filling-in
activities on drainage, both within the immediate area and
sufficiently far downstream, as required by Planning Board.
(9) Provisions shall be made such that the filling in of any land area
shall not impair surface drainage, constitute an erosion hazard nor
act as a source of sedimentation to any adjacent land or
watercourse.
(10)Provisions shall be made such that the filling in of any land area
does not impair the safe and efficient operation of any on-site
sewage disposal or drainage facilities nor those located on adjacent
properties.
(11)Provisions shall be made to reduce the area and duration of
exposure of fill material(s) and to reduce the velocity of runoff, both
during and after the completion of the filling-in activity in order to
minimize the potential of soil erosion and siltation problems.
(12)Provisions shall be made for the adequate control of dust during
filling-in operations.
(13)All disturbed fill areas shall be promptly seeded or sodded with a
suitable ground cover and supplemented with other suitable
plantings as soon as the season permits.
(14)No final slopes shall exceed a slope of more than one foot vertical in
two feet horizontal.
(15)No filling in of land shall cause or permit any soil, earth, sand,
gravel, rock, stone loam, or other fill material, or water or liquid to
be deposited upon or to roll, flow or work upon or over the
premises of another without the express consent of the owner of
such premises so affected; nor shall any filling in of land cause or
permit any soil, earth, sand, gravel, rock, stone loan, or other fill
material or water or liquid to be deposited, or to roll, flow, or wash
§ 350-10.4 ZONING § 350-10.4
350:83
§ 350-10.5. Open space or cluster residential development.
For residential development in a clustered concept (a concept whereby
the residences are clustered on a portion of the lot, thereby leaving more
of the parcel undeveloped and in open space, the purpose of which is
to: a) preserve the rural character of the community by maximizing and
preserving expanses of open space in their natural state; b) provide a buffer
between developments; and c) serve a functional relationship to each of the
lots in the development in those districts for which such an option is allowed
by the Table of Use Regulations,12 the following rules and conditions shall
apply:
upon or over any public street, street improvement, road, sewer,
storm drain, water course, or right-of-way, or public property.
(16)Such other conditions as may be deemed necessary and reasonable
shall be imposed by the Planning Board in order to prevent damage
to public or private property or any sewer, storm drain, or
watercourse, or to prevent the filling in of land from being
conducted in a manner hazardous to life or property, or in a manner
likely to create a nuisance.
A. A site plan, in accordance with this section and § 350-11, Site Plan
Approval, shall be prepared by a registered land surveyor or registered
professional engineer. In addition to requirements of § 350-11, the
plans shall show the following:
(1) Two-foot finished contours on the tract and within 50 feet thereof.
(2) The location and acreage of areas to be devoted to specific uses.
(3) Existing and proposed streets, parking areas, drainage and utility
systems, including sewer and water, streetlighting, landscaping,
fire alarm systems, sidewalks, and easements, and natural features.
(4) Proposed clustered residential density of development and gross
density of development in terms of square feet per family.
(5) The proposed location of parks, open spaces and other public or
community uses.
(6) Such other information as may be required by the Planning Board.
B. For those proposed developments which will also involve the
subdivision of land and/or require the Planning Board's approval under
the Subdivision Control Law:
(1) A definitive subdivision plan shall be filed with the special permit
application in lieu of the site plan (Said plan shall include all of the
information required in Subsection A above.); and
12.Editor's Note: The Table of Use Regulations is included at the end of this chapter.
§ 350-10.4 NORTHAMPTON CODE § 350-10.5
350:84
(2) The definitive subdivision plan shall be filed with the Planning
Board for approval under the Subdivision Control Law at the same
time that the special permit is filed.
C. The tract for which an open space residential development is proposed
shall be in a single ownership or control at the time of application, and
shall be comprised of at least four contiguous acres, except in URC and
URB Districts it shall be at least three acres.
D. The use and density requirements for open space residential
development (cluster) are listed in the Table of Use Regulations and the
Table of Dimensional and Density Regulations in § 350-6.2.13 The
minimum lot area in the table is the land area required for each
residential building exclusive of streets, water area, open space, and
common land. When a development is served by both an on-site water
supply (well) and an on-site sewage disposal system (septic tank), then
the Board of Health approval of both water supply and sewage disposal
system location is required.
(1) Each single-family, two-family and three-family structure shall be
located on its own individual lot, except that for the purpose of this
section one-family, two-family and three-family structures may be
considered townhouses if they are either row houses attached side
to side (not on top of each other), or if all homes are located on a
single lot under common ownership. Multiple townhouses and
multifamily structures may be located on one lot under common
ownership. If multiple structures are placed on a single lot, there
must be adequate provisions for internal circulation, including
circulation of pedestrians and emergency and maintenance
vehicles, and for the on-going maintenance of the circulation
system. The total number of units shall be determined by
Subsection E below.
(2) When the rear or side yard of an individual lot in the development,
including a zero lot line lot, abuts a lot not in that development,
then said rear yard and side yard building setbacks shall be equal
to those required for a nonclustered lot in that zoning district.
E. Density.
(1) The maximum number of dwelling units in the development shall be
computed by multiplying the total tract area, less proposed
roadways and 90% of wetlands and floodplains, by the density
shown below for the appropriate zone:
Dwelling Units Per Acre
RR 1.1
SR 1.5
13.Editor's Note: These tables are included at the end of this chapter.
§ 350-10.5 ZONING § 350-10.5
350:85
Dwelling Units Per Acre
URA 2.2
URB 4.4
URC 4.4
WSP 0.54, regardless of the underlying district
All districts 0.54 if lots or development have both an on-
site water supply (well) and an on-site sewage
disposal system (septic tank), regardless of
the underlying district
(2) The above densities are increased by up to 15% if:
(a) The percent of density bonus is no greater than the percent of
dwelling units in the cluster that are affordable units.
Affordable units are those which may be rented or purchased
by households making 80% of median household income for
Northampton, as calculated by the U.S. Department of Housing
and Urban Development with adjustments for family size; and
(b) Deed and use restrictions, easements, or covenants, with a
mechanism for adequate enforcement, are provided and
approved by the Planning Board to ensure that units are
affordable for a minimum of 99 years and that units can only be
purchased by people whose income does not exceed 80% of
median income; and
(c) Affordable units are geographically dispersed throughout the
development; and
(d) The applicant provides all required information and paperwork
and pays all required fees under the Massachusetts Local
Initiative Program to allow the City to count these units as
affordable units.
(3) Common buildings, including shared mail facilities, recreation,
dining, laundry, guest rooms, personal office space for residents of
the cluster, shared and maintenance facilities, and retail or
personal services not to exceed the lesser of 2% of the total gross
floor area of the cluster or 4,000 square feet, may be allowed in a
cluster, but are limited to common facilities which primarily serve
the residents of the cluster but generally not outside paying guests
and child-care facilities for residents and outside customers.
Setbacks on common buildings must equal setbacks required for
nonclustered lots in the subdivision. Common buildings are not
considered dwelling units nor can they be credited to open space
requirements. The dimensional requirements of § 350a et seq.,
Tables of Dimensional and Density Regulations, shall apply to
common buildings.
§ 350-10.5 NORTHAMPTON CODE § 350-10.5
350:86
F. The proposal shall conform to the provisions of any and all applicable
local, state and federal rules and regulations, including § 350-10.1
(special permits) of this chapter.
G. Of the total tract area, at least 50% shall be set aside as common open
space with no buildings allowed except for bathrooms required to serve
the common open space. Of the 50% set aside for open space, no more
than 25% shall be wetlands or floodplains (as defined in MGL c. 131,
§ 40, the Wetlands Protection Act, 310 CMR, and Chapter 337, Wetlands
Protection, of the Code) nor have a slope of over 8%, except as
permitted in Subsections H and I below, nor include any part of a
detention/retention pond designed to hold water for up to a ten-year
storm shall be set aside as common open space with no buildings
allowed except for bathrooms required to serve the common space.
(1) In the event that more than 25% of the proposed open space falls
into one of these categories above, any such additional land shall
be subtracted from the total tract area for the purpose of
calculating the required open space.
(2) This open space may include land donated to the City or other
conservation organization under § 350-6.3 (Reduction of
dimensional and density requirements), Subsection C, of this
chapter and credited to the property being developed, provided
that:
(a) The public has a right to enter the property for passive
recreation; and
(b) The land was not credited to any other open space residential
development nor to any other development or permit.
H. The Planning Board shall allow land with slopes of up to 20% to qualify
as open space if:
(1) A minimum of 0.1 acre per dwelling unit (based on maximum
allowable dwelling units) of active recreational facilities (such as
playing fields, playgrounds, tot-lots, walking trails, and picnic
areas) are provided; and
(2) Said recreational facilities must, in the opinion of the Planning
Board after consulting the Recreation Commission or the
Conservation Commission (as appropriate), serve an important and
unmet recreational need for the proposed project and for the area
of the City in which they are located; and
(3) Said facilities must be built to a minimum of commonly accepted
design standards and must be built in a manner to minimize future
maintenance costs; and
(4) A right-of-way or fee title for at least 50% of said recreational
facilities and for at least 50% of the open space must be offered to
§ 350-10.5 ZONING § 350-10.5
350:87
and accepted by the City or a nonprofit conservation land trust
for park/conservation purposes. The Planning Board may require
that only a right-of-way be transferred and that the developer or
homeowners' association retain the responsibility to maintain the
facilities.
I. The Planning Board shall allow up to 25% of the open space
requirements to be met off site but within 1/2 mile of the cluster site or
up to 40% of the open space requirements to be met off site but within
1/4 mile of the cluster site if:
(1) The off-site open space is, in the opinion of the Planning Board,
easily and safely accessible from the cluster site by foot and
without crossing any collector or major streets (except by tunnel or
bridge); and
(2) The Northampton Conservation Commission or Recreation
Commission (as appropriate) and the Planning Board finds that the
off-site open space provides valuable open space to serve that part
of the City; and
(3) A right-of-way or fee title is offered to and accepted by the City or a
nonprofit conservation land trust for the off-site open space for
park/conservation purposes; and
(4) For the purposes of figuring the open space required, the off-site
open space shall be considered to be part of the total tract, and
each acre of off-site open space shall be equivalent of 0.75 acres of
on-site open space.
J. A functional relationship shall exist between the common open space
areas and the proposed residential clusters. Such common open space
shall be restricted to open space, agricultural uses, recreational uses
such as tot-lot, park, playground, playfield, golf course, or conservation
area. Such common open space shall have suitable access to and from
the development's street(s), and shall conform to the requirements of
Chapter 290, Subdivision of Land, in effect at the time of application.
K. Such common open space as required by this section shall be placed
under a conservation restriction in accordance with the provisions of
MGL c. 184, §§ 31-33, as amended. Such common land shall be either
deeded to the City at no cost (but only with the consent of both the
Planning Board and the City Council and the Conservation Commission
or Recreation Commission, as appropriate) or shall be conveyed to a
private nonprofit corporation, the principal purpose of which is
conservation or preservation of open space or to an organization or
legal entity established for the purpose of owning and maintaining such
common land. Such organization shall be created by covenants running
with the land, and such covenants shall be included with the submitted
development plan and shall be subject to approval by the City Solicitor.
Said covenants must be rerecorded every 30 years.
§ 350-10.5 NORTHAMPTON CODE § 350-10.5
350:88
(1) Such corporation or organization shall not be dissolved, nor shall it
dispose of any common open space by sale or otherwise (except to
an organization conceived and organized to own and maintain the
common open space) without first offering to dedicate the same to
the City.
(2) Covenants creating such organization shall provide that in the
event the organization established to own and maintain common
open space, or any successor organization, shall at any time after
establishment of the development fail to maintain the common
open space in reasonable order and condition in accordance with
the development plan, the Planning Board may serve notice in
writing upon such organization or upon the residents of the
development setting forth the manner in which the organization
has failed to maintain the common open space in reasonable
condition, shall contain a demand that such deficiencies of
maintenance be cured within 30 days thereof, and shall state the
date and place of a public hearing thereon which shall be held
within 20 days of the notice. If the deficiencies set forth in the
original notice or in the modifications thereof shall not be cured
within said 30 days or any extension thereof, the Planning Board, in
order to preserve the taxable values of the properties within the
development and to prevent the common open space from
becoming a public nuisance, may enter upon said common open
space and maintain the same until the organization theretofore
responsible for the maintenance of the common open space
demonstrates, to the Planning Board's approval, that they can
adequately maintain the common open space.
(3) The covenants creating such organization shall further provide that
the cost of such maintenance, including all administrative costs, by
the City shall be assessed against the properties within the
development that have a right of enjoyment of the common open
space, and shall become a charge of said properties, and such
charge shall be paid by the owners of said properties within 30
days after receipt of a statement therefor.
(4) The covenants shall provide that each dwelling unit shall have an
equal say in determining the affairs of the organization; that costs
shall be assessed equally to each dwelling unit; and that the
organization shall be retained in the control of the developer no
longer than until a majority of dwelling units are conveyed to
permanent owners. Where appropriate, more than one separate
and distinct organization may be created. Separate organizations
may not be created, however, where one might be too small (in
terms of the number of lots included) to operate efficiently, or
where one has a responsibility for too large or costly (to maintain) a
parcel of open space in proportion to that under the responsibility
of other organizations within the same development.
§ 350-10.5 ZONING § 350-10.5
350:89
§ 350-10.6. (Reserved)
§ 350-10.7. Heavy public use.
For a special permit from the City Council for the construction of,
development of, or use of any lot for a heavy public use, the following
conditions shall apply:
§ 350-10.8. Commercial stables and kennels.
For a commercial stable, kennel or other such use requiring a special permit
under the provisions of § 350-5.2 (agriculture), the following rules shall
apply:
L. Zero lot line (ZLL) developments are permitted within open space
residential development, in accordance with the Table of Dimensional
and Density Regulations and § 350-10.14, Zero lot line developments.
M. A portion of a new project may be developed as an open space
residential development, provided that portion of the project meets the
requirements set forth in this section.
A. A statement shall be submitted indicating the need for the facility or
use and the rationale for its development, the criteria used in selecting
a site, and the location of all alternative sites considered, and the
reasons for not selecting them.
B. In addition to the material required in § 350-11, the following must be
shown on the site plan:
(1) Two-foot contours on the parcel and within 50 feet thereof.
(2) The location and dimensions of all buildings, structures, and
exterior use areas, including all parking areas and driveways.
(3) The location of buffer strips, screening provisions (with details
attached), and areas to be preserved in a natural state, all these to
be sufficient to preclude visibility of the uses and structures from
adjoining parcels.
(4) Such other facts as the City Council may require.
C. In considering an application for a heavy public use, the City Council
shall be particularly cognizant of potential noise, odors, or other
detrimental environmental nuisances which might be generated; of
traffic and the ability of the local street network to accommodate
increased traffic; of the ability of the utility systems to accommodate
any increased demands which might be placed upon them by the
proposed use; and of the applicable provisions of the adopted
Comprehensive Plan of the City.
A. The minimum acreage required shall be a parcel or tract of land of at
least 10 acres.
§ 350-10.5 NORTHAMPTON CODE § 350-10.8
350:90
§ 350-10.9. Telecommunications, personal wireless facilities and
small-cell telecommunications.
The City of Northampton wants to encourage telecommunications and
wireless services while minimizing adverse visual effects of these
telecommunication facilities through careful design, siting, and vegetative
screening and maximizing use of any new or existing towers, building and
structures to reduce the number of towers needed.
B. The location of barns, stables, riding rings, corrals, and accessory
facilities shall be located not less than 175 feet from any street line and
not less than 100 feet from any side or rear lot line.
C. The area to be used for the keeping of horses and/or ponies shall have
adequate fencing to contain the animal(s) within the property
boundaries.
D. Sufficient off-street parking facilities should be provided to
accommodate all users and visitors to the property, as determined by
the Planning Board.
E. Stables, barns, corrals and yards shall be properly drained and
reasonably free from excessive odor, dust, and mud, so as not to create
a nuisance or health hazard to the community or to surrounding
property owners, from an air or drainage pollution standpoint.
F. Maintenance of the stables, barns, and property used in the keeping of
horses and/or ponies shall conform to all regulations of the Board of
Health and state health authorities.
A. Telecommunication facilities are allowed as shown in § 350-5.2, Table of
Use Regulations, and § 350-11, Site Plan Approval. A special permit is
required for any new tower.
B. Site plan approval, in accordance with this section and § 350-11, Site
Plan Approval, is required for a telecommunications facility. The site
plan shall be prepared by a registered land surveyor and/or registered
professional engineer. In addition to the requirements of § 350-11, the
plan shall show the following:
(1) For any new towers, the details of the tower (monopole, guyed,
freestanding, or other), guy wires and anchors, tower lighting, and
all structures located within 300 feet of any tower. Tower details
must be prepared by a registered professional engineer qualified in
structural design.
(2) For any new towers or antennas, additional visual and aesthetic
information including, among other things, enhanced landscaping
plans, line-of-sight drawings, and/or visual simulations adequate to
determine the visual impact of the tower. The Planning Board may
require more visual analysis before acting on a site plan
application.
§ 350-10.8 ZONING § 350-10.9
350:91
(3) Demonstrate that all approval criteria have been addressed.
C. Approval criteria. In addition to the § 350-10.1 special permit criteria
and § 350-11 site plan review criteria, the following criteria will be
considered prior to the approval or denial of a request for site plan and
special permit. The criteria listed may be used as a basis to impose
reasonable conditions on the applicant.
(1) Siting. Before any new tower is approved, the applicant must prove
that it is not feasible to locate their antenna(s) and facilities on an
existing tower or building. Before a new tower is proposed in a
residential district, the applicant must also prove that it is not
feasible to locate the antenna and facilities in other districts or on
municipal facilities. Such demonstration studies shall include a
summary of propagation studies and a plan for any network of
facilities.
(2) Collocation. Any new tower must be designed, to the maximum
extent which is practical and technologically feasible, for
collocation of telecommunications antennas, including designing to
accommodate at least three telecommunication providers, offering
space to all other telecommunication providers at market rates,
and providing for towers that can be expanded upward. Tower
owners must maintain a record of the site location and coordinates,
elevation, available space at each height, existing frequencies in
use, and the name and number that an interested user can contact
and make such a file available to the Office of Planning and
Development upon request within 30 days.
(3) Aesthetics. Telecommunications facilities shall be designed,
located and buffered, to the maximum extent which is practical and
technologically feasible, to ensure compatibility with surrounding
land uses. This shall include, but not be limited to, the following
items:
(a) Selecting the type of tower (e.g., monopole, guyed or
freestanding lattice) with the least visual impact.
(b) Providing additional landscaping to screen facilities and
preserving, to the extent possible, existing on-site trees and
vegetation. Use of towers other than monopoles may require
additional landscaping.
(c) Designing and siting towers to avoid, whenever possible,
application of FAA lighting and painting requirements. Towers
shall not be artificially lighted except as required by the
Federal Aviation Administration (FAA).
(d) Using materials and colors to be compatible with the
surrounding environment and land uses to blend in with the
site to the extent practical.
§ 350-10.9 NORTHAMPTON CODE § 350-10.9
350:92
(e) Towers shall not contain any signs or advertising devices.
(f) Fencing must be designed to be as unobtrusive as possible.
(4) Radio frequency effect. All telecommunication facilities shall be
operated only at Federal Communications Commission (FCC)
designated frequencies, power levels and standards, and that the
applicant shall provide certification to support that the maximum
allowable frequencies, power levels and standards will not be
exceeded. Certification shall include technical specifications, an
explanation of those specifications, and, if necessary, field
verification.
(5) Dimensional and density regulations. Telecommunications facilities
shall adhere to § 350-6.2, Table of Dimensional and Density
Regulations, and § 350-6.8, Other dimensional and density
regulations, except as follows:
(a) Towers designed for one telecommunication provider shall be
limited to 130 feet. Towers designed for collocated facilities
shall be allowed an additional 20 feet for each additional
provider up to a maximum of 220 feet. These height limits shall
not apply to towers for or partially for government or
emergency telecommunications, to the extend such height is
needed to serve government or emergency telecommunication
use.
(b) In residential districts, a tower must be setback from all
property lines at least twice the distance equal to its height. In
other districts, a tower must be setback from all property lines
at least the distance equal to its height. The permit granting
authority, however, shall allow a shorter setback if the shorter
setback provides adequate safety and aesthetics and the
manufacturer or qualified licensed designer certifies that the
tower is designed to collapse on itself or otherwise collapse
safely and within the property controlled by the applicant in
the event of failure. The authority may allow lesser setbacks
necessary to allow the use of an existing structure.
(6) Removal of tower: The applicant shall remove any
telecommunications facility that ceases to be used for its intended
purpose for 12 consecutive months. The Planning Board may
require a performance guarantee to insure that unused facilities
are removed.
(7) Maintenance of telecommunications facility. All
telecommunications facilities shall be maintained in good order and
repair. Any paint and finish must be maintained and repaired when
the blemishes are visible from the property line. The applicant must
provide an inspection schedule and file copies of inspections with
the Building Commissioner.
§ 350-10.9 ZONING § 350-10.9
350:93
§ 350-10.10. Accessory apartments.
An accessory apartment, or in-law apartment, is a self-contained housing
unit incorporated within a single-family dwelling (not within accessory
structures, except with a special permit) that is a subordinate part of the
single-family dwelling and complies with the criteria below.
D. Small cell facilities.
(1) Applications for approval of wireless small cell facilities shall be
granted by the Department of Public Works in consultation with the
Office of Planning and Sustainability and the Department of Central
Services if it meets the requirements set forth in § 350-2.1 and
meets the regulations to be promulgated by the Department of
Public Works.
A. The intent of permitting accessory apartments is to:
(1) Provide older homeowners with a means of obtaining rental
income, companionship, security and services, and thereby to
enable them to stay more comfortably in homes and neighborhoods
they might otherwise be forced to leave;
(2) Add moderately priced rental units to the housing stock to meet the
needs of smaller households and make housing units available to
moderate-income households who might otherwise have difficulty
finding housing;
(3) Develop housing units in single-family neighborhoods that are
appropriate for households at a variety of stages in their life cycle;
(4) Protect stability, property values, and the single-family residential
character of a neighborhood by ensuring that accessory
apartments are installed only in owner-occupied houses;
(5) To provide housing units for persons with disabilities.
B. The Building Commissioner may issue a zoning permit authorizing the
installation and use of an accessory apartment within an existing or
new owner-occupied, single-family dwelling and the Zoning Board of
Appeals may issue a special permit authorizing the installation and use
of an accessory apartment in a detached structure on a single-family
home lot when such structures have the same setbacks required for
principal residential structures and only when the following conditions
are met:
(1) The apartment will be a complete, separate housekeeping unit
containing both kitchen and bath.
(2) Only one accessory apartment may be created within a single-
family house or house lot.
§ 350-10.9 NORTHAMPTON CODE § 350-10.10
350:94
(3) The owner(s) of the residence in which the accessory unit is
created must continue to occupy at least one of the dwelling units
as their primary residence. The zoning permit or special permit for
the accessory apartment automatically lapses if the owner no
longer occupies one of the dwelling units.
(4) Any new outside entrance to serve an accessory apartment shall be
located on the side or in the rear of the building.
(5) The gross floor area of an accessory apartment (including any
additions) shall not be greater than 900 square feet.
(6) Once an accessory apartment has been added to a single-family
residence or lot, the accessory apartment shall never be enlarged
beyond the 900 square feet allowed by this chapter.
(7) An accessory apartment may not be occupied by more than three
people.
(8) Three off-street parking spaces must be available for use by the
owner-occupant(s) and tenants.
(9) The design and room sizes of the apartment must conform to all
applicable standards in the health, building, and other codes.
(10)Zoning permits issued under this section shall specify that the
owner must occupy one of the dwelling units. The zoning permit
and the notarized letters required in Subsection B(11) and (12)
below must be recorded in the Hampshire County Registry of
Deeds or Land Court, as appropriate, in the chain of title to the
property, with documentation of the recording provided to the
Building Commissioner, prior to the occupancy of the accessory
apartment.
(11)When a structure which has received a permit for an accessory
apartment is sold, the new owner(s), if they wish to continue to
exercise the permit, must, within 30 days of the sale, submit a
notarized letter to the Building Commissioner stating that they will
occupy one of the dwelling units on the premises as their primary
residence. This statement shall be listed as condition on any
permits which are issued under this section.
(12)Prior to issuance of a permit, the owner(s) must send a notarized
letter stating that the owner will occupy one of the dwelling units
on the premises as the owner's permanent primary residence,
except for bona fide temporary absences.
(13)Prior to issuance of a permit, a floor plan of 1/4 inch to the foot
must be submitted showing the building, including proposed
interior and exterior changes to the building.
§ 350-10.10 ZONING § 350-10.11
350:95
§ 350-10.11. Residential Incentive Development Overlay District.
The purpose of Residential Incentive Development Overlay District is to
provide housing opportunities that are affordable for low- and moderate-
income persons. Within the overlay district, the Planning Board may issue a
special permit to allow housing development at somewhat greater densities
than are normally permitted by this chapter, provided that:
§ 350-10.12. Home business special permit criteria.
All home businesses with any practitioner, employee, partner, or other
worker who is not a resident of the home, with more than 25 clients/
customers or visits per day or week, with hours of operation outside of 7:00
a.m. to 8:00 p.m., with more than two open studios per year, or with outdoor
storage of materials (as defined in § 350-2.1) require a special permit issued
by the Zoning Board of Appeals and shall comply with the following:
§ 350-10.13. Adult establishments.
A. A minimum of 33% of the total units in the development are affordable
units.
B. The development conforms to the Table of Use Regulations and Table of
Dimensional and Density Regulations and, in all other respects,
conforms to all regulations and requirements for a open space (cluster)
residential development (§ 350-10.5) in URB Districts.
A. All provisions in the definition of "home business" in § 350-2.1.
B. Goods may only be offered for sale from the premises if the Zoning
Board of Appeals expressly permits it in the issued special permit.
C. The hours of operation shall be expressly stated in the special permit
issued by the Zoning Board of Appeals.
D. The hours and frequency of deliveries, number of clients seen, number
of employees on the premises, products and/or materials on site shall
be expressly stated in the special permit issued by the Zoning Board of
Appeals.
E. All special permits for home businesses must be renewed once,
immediately following the first year of operation. Permits may be
renewed in perpetuity upon application to the Building Commissioner
(no Zoning Board action required) if nothing has changed in the project
since the initial special permit was granted.
F. All special permits for home businesses are nontransferable and are
specifically issued to a specific applicant for a specific home business.
G. Limited outdoor storage of materials may be allowed so long as the
storage is not visible from the street or by adjoining property owners
and does not have a negative impact on the neighborhood.
§ 350-10.11 NORTHAMPTON CODE § 350-10.13
350:96
A. Findings.
(1) The City of Northampton does not desire to suppress any speech or
expression activities protected by the First Amendment but does
want to enact a content-neutral ordinance concerned with the
secondary effects of adult establishments which display live nudity
or provide private or semi-private booths for viewing live or
recorded nudity or are large-scale adult establishments that could
drain the character and economic vitality of the surrounding
community, especially crime and effects on children and family life,
and therefore desires reasonable regulations of the location of such
adult establishments in order to provide for the protection of the
image of the community, its property values, and to protect our
residents from any adverse adult entertainment land uses, while
providing to those who desire to patronize adult entertainment land
uses such an opportunity in areas within the City which are
appropriate for location of such land uses.
(2) The City has historically valued the preservation and expansion of
dense, safe, pedestrian-scale neighborhoods and development that
enable residents to walk to school, services, recreation, and other
activities. More specifically, such pedestrian-scale neighborhoods
that contain services within 500 feet of residences, schools and
houses of worship are an important means to enable children to
walk to such services safely and independently. One of the great
successes of Northampton is that all evidence that we have
collected shows that the vast majority of trips up to 500 feet, even
for relatively young children, is on foot.
(3) Because the large-scale adult establishments greater than 1,000
square feet have the tendency to create blank, inactive voids in the
street fabric due to their size and faade treatments it is important
to ensure that such businesses are not located within 500 feet of
such walkable neighborhoods that include churches, residences or
schools. These voids have a direct impact on the desirability of
walking to such services, schools, or other activities and reduce the
sense of safety for pedestrians. If these voids discourage walking or
decrease the number of trips that are done without a car or are
done by younger children on their own, Northampton would suffer
a harm far worse than most communities who have not been as
successful as we are at getting people to walk.
(4) Additionally, the secondary effects of larger-scale adult
establishments with adult material often include impacts to
adjoining businesses that may result in economic decline and
declining property values which further spreads the inactive void
along the street faade. This economic decline may be less serious in
areas where everyone drives and is cloistered from the effects of
nearby business, but in Northampton where many people walk, and
we are investing large sums to increase the number of trips done
on foot (and by bicycle), the impacts would be devastating. Thus, in
§ 350-10.13 ZONING § 350-10.13
350:97
addition to ensuring these voids are not created within walking
distance or 500 feet from churches, schools and residences, the
City has determined that larger establishments should be
separated by distances of 500 feet from other such establishments
to prevent continuous voids within the street and pedestrian fabric.
(5) The City has not found compelling reasons to regulate other types
of adult uses, including those under 1,000 square feet which can
more readily blend into the existing commercial fabric without
creating large voids on the street front and thus have no effect on
the safety of children or other pedestrians walking to services,
schools or other residences.
(6) In summary:
(a) It is not the City's intent to regulate content for the purposes of
regulating morality or any other direct reason.
(b) The City is specifically allowing sales of "adult" materials in
display areas up to a certain size because to date we have not
found sufficient adverse effects from this size of business to
justify new regulations.
(c) The City is specifically allowing sales of "adult" materials with
no limits on size in certain reasonable areas of the City.
(d) The City has found that larger concentrations of adult
materials create a magnet which can, and in many
communities has, increased crime in the area, especially sex
crimes and crimes against women and children. The magnet
nature of these stores brings in visitors from greater distances
who do not have any connection to the local community.
(e) The City has found that larger concentrations of adult
materials can and do lead to declining property values, adverse
impacts on other businesses, urban blight, and a general
decrease in the quality of life. Generally, there is a
disinvestment in areas near adult uses, especially in smaller
communities such as our own. This trend is seen in many
communities, but its impacts would be especially severe in
Northampton because of our emphasis on commerce at the
pedestrian scale.
B. These adult establishments, as defined in § 350-2, Definitions, will be
allowed with a special permit from the Planning Board with the
following conditions:
(1) The Planning Board can establish clear days and times of operation
to avoid conflict with any other noncompatible land uses.
§ 350-10.13 NORTHAMPTON CODE § 350-10.13
350:98
§ 350-10.14. Zero lot line (ZLL) developments.
Zero lot line (ZLL) developments are developments, or portions of
developments, where house lots have a minimum side yard setback of zero
feet on one side (the "zero lot line"), while the opposite side meets the
standard side yard setback of the district, if the following standards are
met:
§ 350-10.15. Planned Village District.
(2) Any person convicted of violating the provisions of MGL c. 119,
§ 63, or MGL c. 272, § 28, shall be prohibited from receiving or
using a special permit for these uses.
(3) Only in accordance with § 350-5.2.
A. If a garage or other parking structure is built, it must be set back at
least twice the normal front yard setback, or the garage/structure must
cover no more than 25% of the front facade of the principal structure;
and
B. The zero lot line side of a house must:
(1) Abut permanently protected open space; or
(2) Abut the lot line of a lot which is under the control of the same
property owner at the time the zero lot line development is
proposed.;
C. A five-foot maintenance easement must be granted to the owner of a
house on a zero lot line by the abutting property to allow normal
maintenance. Said easement may allow a roof overhang of up to two
feet and may allow roof drainage to sheet flow into the easement area.
In addition, private covenants may be required to insure proper
maintenance of the house abutting the zero lot line; and
D. There shall be a minimum of four shade trees of not less than 2.5
inches' caliper planted or maintained on each lot, including two along
the street frontage. (See also § 350-6.5D.)
A. The Planned Village (PV) District is designed to encourage economic
diversity and vitality, to foster the creation of a village or campus center
with coherent development patterns similar to traditional Northampton
development, to provide for an environment conducive to a high quality
of life, to avoid unnecessary public expense for the extension of
services, and to meet other community goals.
B. In addition to the § 350-10.1 special permit criteria and of § 350-11 site
plan approval criteria, the Planning Board must find that the following
criteria are met before granting a special permit in the Planned Village
District:
§ 350-10.13 ZONING § 350-10.15
350:99
(1) Project density and design will ensure that the project serves as a
pedestrian-scale mixed village, and not an automobile-oriented
collection of independent uses. This includes, but is not limited to,
the following:
(a) Maintaining a village appearance and feel on existing
gateway(s) to Northampton by using buildings to frame the
streetscape and avoiding holes in the urban streetscape fabric.
(b) Ensuring that housing and village uses are designed to
maximize pedestrian circulation within the project and
connecting to surrounding areas, both through the design of
circulation systems and through the design and layout of land
uses.
(c) Using building designs and design guidelines to create a
compatible and attractive urban village.
(d) By using retail, institutional and other land uses to keep the
urban village tightly focused and walkable, and maintain a
focus on gateway(s) to Northampton and respect surrounding
land uses.
(2) The project, including any concurrent road improvements, will not
decrease the level of service (LOS) of any area roads or
intersections below the existing conditions and shall consider the
incremental nature of development on the LOS. In reviewing
projects the Board shall look at other projects permitted or planned
for the PV Zone and consider the cumulative impacts. If requested
by the applicant, the Planning Board may accept in-lieu-of
payments to fund a project's proportional share of necessary
improvements to mitigate off-site traffic impacts, including
provision of public transit and pedestrian or bicycle paths, in lieu of
requiring off-site improvements, when it finds that such payments,
in conjunction with funds from other projects or sources, will be
used to fund improvements to mitigate traffic impacts.
(3) Landscaping, new buildings, parking, lighting, and other
improvements in the Planned Village District must be designed and
maintained to minimize the visual intrusion to the surrounding area
and to preserve and enhance the existing campus layout or be
designed to create a new compact and coherent village or campus
center appearance. The Planning Board shall find that this criterion
is met if:
(a) Construction will cause no more than minimal disturbance of
existing ridgelines and hilltops and will, to the extent possible,
preserve existing specimen trees and other desirable natural
features.
(b) All permanent mechanical equipment is screened from public
view and from views from surrounding properties and ways.
§ 350-10.15 NORTHAMPTON CODE § 350-10.15
350:100
(c) The design and appearance of proposed new buildings,
renovations, and other improvements are designed for visual
compatibility within the site and the surrounding area; or
private covenants are established for the development that
require adequate architectural controls sufficient to ensure
compatibility within the site and surrounding area in the
design, construction, and maintenance of improvements.
Generally, buildings should be a minimum of two stories in
height.
(4) All feasible measures to mitigate on-site and off-site traffic impacts
must be taken, including measures to facilitate access to existing or
likely public transit and to existing or likely off-site pedestrian and
bicycle paths.
(5) Development must be designed to ensure easy access to
surrounding parcels in the PV and to the surrounding open space.
(6) Where a planned village is developed in phases, the residential
development (excluding that developed in accordance with the
zoning requirements for reuse of historic buildings and units above
the first floor) may not exceed the percentage of allowed residential
use in PV listed the Table of Use Regulations. The Planning Board
may, as part of the special permit process, approve a phasing plan
where residential use temporarily exceeds the maximum
percentage by no more than 20%, if they find:
(a) Such approval will advance commercial development, housing
for Department of Mental Health clients, or affordable housing
aspects of the project and ensure that commercial space is
developed in a reasonable time; and
(b) If the project will not exceed the allowable percentages for
more than two years.
(7) For the purposes of this section, commercial space shall be
considered developed when it is occupied for commercial uses or
under an agreement or covenant to be sold and developed within
six months and up to 150,000 square feet of commercial space shall
be considered developed when the Office of Planning and
Development, in consultation with the Department of Public Works,
finds that the following criteria have been met:
(a) All necessary state and local permits and MEPA review
(including the Secretary's approval of any necessary final EIR),
except building permits, have been obtained.
(b) All on and off-site road and transportation facilities necessary
to serve that development are in place and are committed to
the project.
§ 350-10.15 ZONING § 350-10.15
350:101
§ 350-10.16. Drive-through establishments.
Establishments with a drive-through component allowed only by special
permit from the Planning Board must meet the following in order to receive
Planning Board approval:
§ 350-11. Site Plan Approval
§ 350-11.1. Purpose.
The purpose of this section is to provide a comprehensive review procedure
for construction projects which will have significant impacts on the City,
herein defined, to ensure compliance with the goals and objectives of the
City, and the provisions of this chapter, to minimize adverse impacts of
such development, and to promote development which is harmonious with
surrounding areas; in particular to assure proper drainage, safe access, safe
and efficient vehicular and pedestrian movement, adequate parking and
loading spaces, public convenience and safety and adequate consideration
of abutting land owners.
§ 350-11.2. Projects requiring site plan approval as intermediate
projects.
No building permit, zoning permit, or special permit shall be issued for the
following intermediate projects prior to the review and approval of a site
plan in accordance with this section:
(c) All public and private utilities, including water, sewer, storm
sewer, electric, phone, cable TV, and any high speed
telecommunications services, are in place to serve the site.
(d) The site is totally ready for development and is only waiting
actual construction.
A. They may only be allowed when drive-through use is not the principal
use on the lot; and
B. They must not require a second curb cut to the street to serve the drive-
through function; and
C. They must be designed around and to accommodate safe pedestrian
flows within the site and to/from the site, including raised crosswalks
and/or other extraordinary measures.
A. Projects which involve new construction or additions of between 2,000
square feet and 5,000 square feet of gross floor area (excluding single-
family dwellings, expansions in the CB District that do not involve
footprint expansions, and projects used exclusively for agriculture,
horticulture or floriculture).
B. Projects for which this chapter requires the provision of six to nine
additional parking places.
§ 350-10.15 NORTHAMPTON CODE § 350-11.2
350:102
§ 350-11.3. Projects requiring site plan approval as major projects.
No building permit, zoning permit, or special permit shall be issued for the
following major projects prior to the review and approval of a site plan in
accordance with this section:
§ 350-11.4. Requirements.
These requirements are superimposed over any other requirements of this
Zoning Ordinance. The Building Commissioner may not issue any building
or zoning permits for any intermediate or major projects until the site
plan has been approved by the Planning Board through a simple majority
vote of the members present. The site plan process shall be conducted
by the Planning Board in conformance with the filing, review and public
hearing requirements for a special permit, except in the case of alternative
energy research and development (R&D) and manufacturing facilities, as
C. Projects which require a special permit and which are not otherwise
intermediate or major projects except that, notwithstanding any of the
requirements of § 350-10.12, the following projects do not require site
plan approval: accessory apartments (§§ 350-5.2 and 350-10.10),
accessory structures (§§ 350-5.2 and 350-6.7), accessory uses
(§§ 350-5.2 and 350-5.3), historic association and nonprofit museum
(§§ 350-5.2), home business (§ 350-5.2 and 350-10.12) and signs
(§ 350-7) of this chapter.
D. Any project that is requesting a provision of the zoning that is allowed
only with site plan approval and which is not otherwise a major project.
E. Planned Village (PV) projects which require a site plan review in
accordance with § 350-10.15 and are not otherwise major projects.
F. Medical marijuana dispensaries.
A. Projects which involve new construction or additions of 5,000 square
feet or more of gross floor area (excluding expansions in the CB District
that do not involve footprint expansions).
B. Commercial parking lots and parking garages, including municipal
garages.
C. Except for the CBD, establishments selling foods prepared on premises
where consumption is primarily off the premises and retail
establishments selling principally convenience goods.
D. Automobile service stations.
E. Projects for which this chapter requires 10 or more additional parking
spaces over the zoning requirements for the previous use.
F. Rural residential incentive development projects.
G. Planned business park projects.
§ 350-11.2 ZONING § 350-11.4
350:103
defined in the Green Communities Act.14 For alternative energy R&D and/
or manufacturing, review periods are guaranteed not to exceed one year
from the date of initial application to the date of final Board action. Said
applications shall be reviewed within 45 days, and the applicants will be
notified of what additional submissions are necessary to meet this one-year
final action deadline. The Planning Board shall use the criteria of § 350-11.6
for approving or disapproving the site plan. As with special permits, any
appeal of a site plan decision by the Planning Board shall be made in
accordance with MGL c. 40A, § 17. All site plan decisions must be recorded
at the Registry of Deeds. In addition, the plans approved as part of the site
plan decision shall be recorded with the decision in the form and type of
pages as determined by the Planning Board.
§ 350-11.5. Procedures.
A. Application for site plan approval shall be made to the City Clerk and
the Office of Planning and Development on forms provided for that
purpose, accompanied by the required fee. The Planning Board shall
adopt specific rules governing paper and electronic application and the
number of copies.
B. The application for site plan approval shall be accompanied by a site
plan, drawings and supporting documentation in a form specified by
rules and regulations which shall show, among other data, the
following:
(1) Locus plan;
(2) Site plan(s) at a scale of one inch equals 40 feet (or greater)
showing the following:
(a) Name and address of the owner and the developer, name of the
project, and date and scale of plans;
(b) The location and boundaries of the lot, adjacent streets or
ways, the location and owners names of all adjacent properties
and those within 300 feet of the property line, and all zoning
district boundaries;
(c) Existing and proposed structures, including setbacks from
property lines, structure elevations, and all exterior entrances
and exits. Elevation plans of all exterior facades of proposed
structures are required for towers and strongly encouraged for
other structures;
(d) Present and proposed use of the land and buildings;
(e) Existing and proposed topography at two-foot contour
intervals, showing wetlands, streams, surface water bodies,
drainage swales, floodplains, and unique natural land features
14.Editor's Note: See Acts of 2008, Ch. 169.
§ 350-11.4 NORTHAMPTON CODE § 350-11.5
350:104
(for intermediate projects the permit granting authority may
accept generalized topography instead of requiring contour
lines);
(f) Location of parking and loading areas, public and private ways,
driveways, walkways, access and egress points, including
proposed surfacing;
(g) Location and description of all stormwater drainage facilities
(including stormwater detention facilities, water quality
structures, drainage calculations where applicable, and
drainage easements), potential water quality impacts, planned
best management practices (BMPs) during the construction
phase, and the planned BMPs to be used to manage runoff
created after development. For major projects, applicants shall
incorporate green infrastructure and low-impact design to the
extent feasible. For major projects that do not trigger a
separate stormwater permit, applicants shall submit
information on all analysis conducted to incorporate low-
impact design and green infrastructure. Major projects that do
not trigger separate stormwater permitting must provide a
proposed inspection schedule for the project during
construction and upon completion. Inspections shall be
performed by a qualified professional as confirmed by the
Planning Board;
(h) Location and description of public and private utilities, sewage
disposal facilities and water supply;
(i) Existing and proposed landscaping:
[1] Inventory of any significant trees over 20 inches DBH by
an arborist which shall classify such trees in terms of
location, species, size, health, long-term viability.
[2] Inventory of trees on abutting properties if the dripline of
said trees crosses onto the subject parcel.
[3] Proposed landscaping shall include:
[a] Trees, with adequate protection detailed for existing
trees to be saved in accordance with Northampton
Tree List and Tree Planting Guidelines;
[b] Other plantings with the size and species;
[c] Stone walls;
[d] Buffers;
[e] Screening;
[f] Fencing.
§ 350-11.5 ZONING § 350-11.5
350:105
Landscape plans must be designed and stamped by a
certified landscape architect or arborist. An
adequate schedule for maintenance, during the first
two years, must be specified on the plans.
[4] All trees where the dripline crosses the property and
where trees are to be retained shall have tree protection
zones clearly marked in accordance with Northampton
Tree List and Tree Planting Guidelines.
[5] Plans shall show tabulation of on- and off-site significant
tree replacement in accordance with § 350-12.3 when
applicable.
(j) Location, dimensions, height, color, illumination of existing and
proposed signs;
(k) Provisions for refuse removal, with facilities for screening of
refuse when appropriate;
(l) An erosion control plan (for major projects only) and any other
measures taken to protect natural resources and water
supplies;
(m) A photometric plan showing conformance with § 350-12.2.
(3) Estimated daily and peak hour vehicle trips generated by the
proposed use, traffic patterns for vehicles and pedestrians showing
adequate access to and from the site, and adequate vehicular and
pedestrian circulation within the site. In addition, major projects,
as defined above, shall prepare a traffic impact statement including
the following information:
(a) Traffic flow patterns at the site including entrances and
egresses, loading and unloading areas, and curb cuts on site
and within 100 feet of the site.
(b) A plan to minimize traffic safety impacts of the proposed
project through such means as physical design and layout
concepts, staggered employee work schedules, promoting use
of public transit or van- or carpooling, or other appropriate
means. For new commercial, office, and industrial buildings or
uses over 10,000 square feet, this plan shall evaluate
alternative mitigation methods to reduce traffic by 35%,
including:
[1] Public transit, van- and car-pool incentive programs,
including parking facilities and weather-protected transit
shelters;
[2] Encouraging flexible hours and workweeks;
[3] Encouraging pedestrian and bicycle access to the site;
§ 350-11.5 NORTHAMPTON CODE § 350-11.5
350:106
§ 350-11.6. Approval criteria.
In conducting the site plan approval, the Planning Board shall find that the
following conditions are met:
[4] Provision of integrated land uses, including on-site
services, retail, and housing.
(c) A detailed assessment of the traffic safety impacts of the
proposed project or use on the carrying capacity of any
adjacent highway or road, including the projected number of
motor vehicle trips to enter or depart from the site for daily-
hour and peak-hour traffic levels, road capacities, and impacts
on intersections. Said assessment may be based on the
proposed mitigation [in the plan required by Subsection B(2)
above].
(d) An interior traffic and pedestrian circulation plan designed to
minimize conflicts and safety problems.
(e) Safe and adequate pedestrian access, including provisions for
sidewalks and/or bike paths to provide access to adjacent
properties and adjacent residential neighborhoods, as
applicable, and between individual businesses within a
development.
(4) Other information as may be necessary to determine compliance
with the provisions of this chapter.
C. Site plans submitted for major projects shall be prepared (and stamped)
by a registered architect, landscape architect, or professional engineer.
D. Upon written request, the Planning Board may, at its discretion, waive
the submission by the applicant of any of the required information,
provided that the applicant provides some written information on each
of the items in Subsections B(3)(a), (b) and (c) above and explains why a
waiver is appropriate.
A. The requested use protects adjoining premises against seriously
detrimental uses. If applicable, this shall include provision for surface
water drainage, sound and sight buffers and preservation of views,
light, and air; and
B. The requested use will promote the convenience and safety of vehicular
and pedestrian movement within the site and on adjacent streets, cycle
tracks and bike paths, minimize traffic impacts on the streets and roads
in the area. If applicable, this shall include considering the location of
driveway openings in relation to traffic and adjacent streets, cross-
access easements to abutting parcels, access by public safety vehicles,
the arrangement of parking and loading spaces, connections to existing
transit or likely future transit routes, and provisions for persons with
disabilities; and:
§ 350-11.5 ZONING § 350-11.6
350:107
(1) The Planning Board may allow reduced parking requirements in
accordance with § 350-8.6, Shared parking.
(2) The project, including any concurrent road improvements, will not
decrease the level of service (LOS) of all area City and state roads
or intersections affected by the project below the existing
conditions when the project is proposed and shall consider the
incremental nature of development and cumulative impacts on the
LOS. The project proponent must demonstrate that all cumulative
and incremental traffic impacts have been mitigated. If those
impacts are not mitigated, the Planning Board shall require in-lieu-
of payments to fund a project's proportional share of necessary
improvements to mitigate off-site traffic impacts, including
provision of public transit and pedestrian or bicycle paths, in lieu of
requiring off-site improvements. All in-lieu-of payments will be
expended with the approval of the Mayor and City Council only
after first being introduced for recommendation to the
Transportation and Parking Commission, consistent with Planning
Board conditions. In-lieu-of traffic mitigation payment shall be
assessed by the Planning Board after a fact-based analysis of a
specific project but shall not exceed that shown in the table below.
Past experience has been that mitigation of all traffic impacts
would be higher than the maximum amount allowed and so many
projects are assessed the maximum allowed by the table. The Board
may exempt residential projects whose traffic impacts are not
greater than if they were developed as an as-of-right development
without site plan approval and subdivision approval.
Project Location Required Payment
Any medical marijuana project regardless
of the district (regardless of other entries
below)
$2,000 per peak trip
CB, GB, EB, GI and OI Zoning Districts; PV
District, except for medical and dental
offices; and NB District, except for uses
with gas pumps
No mitigation
M, URC, and URB Zoning Districts $1,000 per peak trip
HB Zoning District; PV District for project
for medical and dental offices; NB Districts
for uses with gas pumps; BP Districts with
nonexempt uses; and BP, SR, URA, SC and
RR Zoning Districts for sites (1) within 500
feet of a transit stop, or (2) within 500 feet
of an asphalt or concrete City off-road rail
trail or bicycle path, or (3) abutting a
sidewalk that extends without a break from
the project to either downtown
Northampton or downtown Florence
$2,000 per peak trip
§ 350-11.6 NORTHAMPTON CODE § 350-11.6
350:108
Project Location Required Payment
Any other site in SR, URA, SC, and RR
Zoning Districts and any other BP
residential use
$3,000 per peak trip
Notes Peak trips are the number of one-way trips into or out of
the project during the project's peak traffic demand, typically but
not always weekday afternoon “rush hour.” Peak-hour trips are
calculated based on the table below or, if (and only if) the table
does not address a project, the Institute of Traffic Engineers'
(ITE) trip generation data. The Planning Board retains the ability
to use alternative calculations if clear evidence to the contrary is
provided (for example, considering lower traffic generation from
pass-by trips, late-night shift changes, and mixed-use projects).
Project Type Peak-Hour Trips
Residential 1/dwelling unit
Congregate and assisted living 0.6/dwelling unit
Grocery, personal services, retail and auto
sales, medical marijuana dispensary
12/1,000 square feet
Medical marijuana growing and processing
facilities
1/1,000 square feet
Restaurants and bars 20/1,000 square feet
Gas, convenience stores, fast-food
restaurants
100/1,000 square
feet
Medical and dental offices 5/1,000 square feet
Other offices 2/1,000 square feet
Industrial, manufacturing, tradesman,
professional (but not medical and dental)
offices, and municipal uses
Exempt
Warehouses 0.6/1,000 square
feet
Schools, day-cares, churches, libraries, etc. 10/1,000 square feet
Hotel/Motel 0.5/room
(3) Access by nonmotorized means must be accommodated with
facilities such as bike racks, sidewalk connections from the
building to the street, cycle tracks, and bike paths that are clearly
delineated through materials and/or markings to distinguish the
vehicular route from the nonvehicular route.
C. The site will function harmoniously in relation to other structures and
open spaces to the natural landscape, existing buildings and other
community assets in the area as it relates to landscaping, drainage,
sight lines, building orientation, massing, egress, and setbacks. Rear
§ 350-11.6 ZONING § 350-11.6
350:109
and/or side wall facades within 50 feet of a completed or planned
section of a cycle track or bike path shall have features that invite
pedestrian access from that side of the building; and
D. The requested use will not overload, and will mitigate adverse impacts
on, the City's resources, including the effect on the City's water supply
and distribution system, sanitary and storm sewage collection and
treatment systems, fire protection, streets and schools. The
construction materials and methods for water lines, sanitary sewers,
storm sewers, fire protection, sidewalks, private roads, and other
infrastructure shall be those set forth in the Northampton Subdivision
Regulations15 (even for projects that are not part of a subdivision)
unless the Planning Board finds that a different standard is more
appropriate. Major projects that do not trigger separate stormwater
permitting shall have conditions that stipulate when inspections shall
be completed and submitted to the City. Annual reports, as necessary
depending on the stormwater management system, shall be submitted
to the City.
E. The requested use meets any special regulations set forth in this
chapter.
F. Compliance with the following technical performance standards:
(1) Curb cuts onto streets shall be minimized. Access to businesses
shall use common driveways, existing side streets, or loop service
roads shared by adjacent lots when possible. More than one curb
cut shall be permitted only when necessary to minimize traffic and
safety impacts.
(2) Pedestrian, bicycle and vehicular traffic movement on site must be
separated, to the extent possible, and sidewalks must be provided
between businesses within a development and from public
sidewalks, cycle tracks and bike paths. All projects shall include
sidewalks and tree belts abutting the street, except where site
topography or other limitations make them infeasible. In such
cases where the sidewalk is infeasible, the developer shall install
an equal number of feet of sidewalk and/or tree belt in another area
of the community as deemed by the Planning Board or Office of
Planning and Sustainability. All sidewalks shall meet the following
standards:
(a) All internal and external sidewalks will be constructed of
cement concrete. Sidewalks will be at least six feet in width in
all commercial zoning districts and all industrial zoning
districts. In all residential zoning districts, sidewalks shall be
at least five feet in width.
(b) If gratings are located in walking surfaces, then they shall have
spaces no greater than 1/2 inch wide in one direction. If
15.Editor's Note: See Ch. 290, Subdivision of Land.
§ 350-11.6 NORTHAMPTON CODE § 350-11.6
350:110
gratings have elongated openings, then they shall be placed
so that the long dimension is perpendicular to the dominant
direction of travel.
(c) Ramps allowing access to the sidewalk and street by variously
abled persons shall be required at the corner or within the curb
area immediately adjacent to the sidewalk.
(d) For any new driveway, the portion of the driveway that crosses
the sidewalk shall conform to the sidewalk requirements set
forth herein, regardless of whether there is a sidewalk
improvement extending along the balance of the frontage
property, with sidewalks constructed with extra depth to
withstand cars.
(e) The sidewalk cross slope of 1:50 should be maintained across
the entire driveway. The driveway apron should be located in
the tree belt between the pedestrian way and the roadway.
(f) Curb extensions may be used at any corner location, or at any
mid-block location where there is a marked crosswalk,
provided there is a parking lane into which the curb may be
extended. They may include transit stops. Curb extensions
must be designed so as not to impede bicycle traffic. Curbs
may be extended into one or both streets at a corner. No
obstructions or private use should occur in the curb extension.
(3) Major projects, except in the Central Business District, must be
designed so there is no increase in peak flows from the one- or two-
and ten-year Soil Conservation Service design storm from
predevelopment conditions (the condition at the time a site plan
approval is requested). Green infrastructure and low-impact design
shall be incorporated to the extent feasible to ensure runoff is
handled on site. At the very minimum, the runoff from up to a one-
inch rain storm (first flush) shall be detained on site for an average
of six hours. These requirements shall not apply if the project will
discharge into a City storm drain system that the Planning Board
finds can accommodate the expected discharge with no adverse
impacts. In addition, catch basins shall incorporate sumps of a
minimum of four feet and, if they will remain privately owned, a gas
trap.
(4) Medical marijuana manufacturing operations shall meet the
following criteria:[Amended 6-20-2019 by Ord. No. 19.056]
(a) Building facades and property must be consistent with the
character of the neighborhood, including such items as
transparent storefront windows with a view into the interior of
the building. Security measures must appear from outside of
the building to be consistent with the character of the
neighborhood. This does not create any restriction or
§ 350-11.6 ZONING § 350-11.6
350:111
§ 350-12. Environmental Performance Standards
compromise on security measures but does require that such
measures be camouflaged to blend into the background.
(b) Buildings must incorporate both high-efficiency particulate air
handlers with activated carbon filters and exhaust systems
designed with vents that force the air at least 10 feet above the
roofline of the building. Alternatively, other technology may be
used upon finding by the Planning Board through site plan
approval process that such other technology will, to the extent
practicable, limit odors from marijuana in any place where the
public or clients are present.
(c) No medical marijuana dispensary and/or treatment center
shall be located within 200 feet of any elementary school,
middle school, or high school; there are no other buffer
limitations.
(5) For new buildings and additions, the applicant must show that the
building is designed to accommodate solar power installation. This
is met by showing that the roof design can support solar panels and
that roof orientation, conduit and electrical service will be
incorporated so that installation can easily be added either at the
time of construction or at any point thereafter. Alternatively, the
applicant may show the site is designed to accommodate solar with
conduit to be located to accommodate the ground system. The
Planning Board may waive this requirement for green roofs or if the
applicant provides information to show that either building-
mounted or ground-mounted systems are impracticable due to site
constraints/orientation.
G. (Reserved)
H. (Reserved)
I. Obscene displays; blocking or shading of windows.
(1) No signs, text, graphics, pictures, publications, videotapes, CDs,
DVDs, movies, covers, merchandise or other objects, implements,
items or advertising depicting or describing sexual conduct or
sexual excitement as defined in MGL c. 272, § 31, shall be displayed
in the windows or on any building or be visible to the public from
the street, pedestrian sidewalks, walkways, or bike paths or from
other areas outside such establishments.
(2) Further, windows may only be blocked or shaded by approval of the
Planning Board through site plan approval.
§ 350-11.6 NORTHAMPTON CODE § 350-12.1
350:112
§ 350-12.1. General standards.
Any use permitted by right, by special permit, or by special exception in
any district shall not be conducted in a manner as to emit any dangerous,
noxious, injurious, or otherwise objectionable fire, explosion, radioactivity
or other hazard; noise or vibration; smoke, dust, odor or other form of
environmental pollution; electrical or other disturbance; glare, liquid or
solid refuse or wastes; conditions conducive to the breeding of insects,
rodents, or other substance, conditions or element in an amount as to affect
adversely the surrounding environment.
A. In meeting these objectives, the following general standards shall
apply:
(1) Emissions shall be completely and effectively confined within the
building, or so regulated as to prevent any nuisance, hazard, or
other disturbance from being perceptible (without the use of
instruments) at any lot line of the premises on which the use is
located.
(2) All activities and all storage of flammable and explosive materials
at any point shall be provided with adequate safety devices against
fire and explosion and adequate fire-fighting and fire-suppression
devices and equipment.
(3) No emission which can cause any damage or irritation to the health
of persons, animals or vegetation or which can cause excessive
soiling, at any point, shall be permitted.
(4) No discharge, at any point, into a private sewerage system, stream
or the ground, of any material in such a way, or of such a nature or
temperature as may contaminate any running stream, water supply
or otherwise cause the emission of dangerous or objectionable
elements and accumulation of wastes conducive to the breeding of
rodents or insects shall be permitted.
(5) No emission of odorous gases or odoriferous matter in such
quantities as to be offensive shall be permitted.
(6) Activities that emit dangerous radioactivity, at any point, shall be
controlled in accordance with all regulations of the Atomic Energy
Commission.
(7) No electrical disturbance adversely affecting the operation, at any
point, of any equipment, other than that of the creator of such
disturbance, shall be permitted.
(8) No persistently loud or disruptive noise shall be allowed between
the hours of 10:00 p.m. and 7:00 a.m. All steady, nonfluctuating
noise levels must meet the following standards at the property
boundary (using a sound meter which meets the American National
§ 350-12.1 ZONING § 350-12.1
350:113
§ 350-12.2. Lighting.
Standards Institute's Specification for Type II Sound Level Meters:
S1.4-1971.):
Land Uses
Maximum Noise
(decibels)*
Residential (7:00 a.m. to 10:00 p.m.)60
Residential (10:00 p.m. to 7:00 a.m.)50
Business, commercial, institutions,
mixed use
65
Business, commercial, institutions,
mixed use (10:00 p.m. to 7:00 a.m.)
55
General industrial uses 70
* Nonsteady, fluctuating noises are subject to the same maximum
noise levels as measured on an energy-weighted or LEQ basis over
a representative one-hour time period.
B. In enforcing these standards, the permit granting authority shall call
upon specified standards, technical specifications, and the technical
expertise of appropriate federal, state, regional, and local agencies.
C. When reviewing an application for a zoning permit (See § 350-10.2.) or
other zoning relief, the permit granting authority may require the
submission of a statement from a qualified independent authority
indicating that the proposed structure and/or use will not constitute a
detriment to the community with respect to some aspect of these
environmental performance standards.
A. Goals.
(1) It is the intent of this section to establish light standards that result
in lighting systems that are designed, constructed, and installed to
control glare and light trespass, minimize obtrusive light, conserve
energy and resources while maintaining safety, visibility, security of
individuals and property, and curtailing the degradation of the
nighttime visual environment. All standards within this section
must be met unless the Planning Board explicitly grants a waiver
through site plan approval for lighting that does not conform to
these standards. Such waivers may be granted if and only if these
goals are being achieved and increased energy efficiency is
achieved.
(2) Evenly distributed lighting throughout a site will minimize impacts
on surrounding neighborhoods and increases efficiency. By
directing light where it is needed and only the intensity necessary
to serve the intended purpose, these standards will prevent glare
and its harsh shadows and blind spots.
§ 350-12.1 NORTHAMPTON CODE § 350-12.2
350:114
B. Definitions. As used in this chapter, the following terms shall have the
meanings indicated:
CUTOFF (FULL) FIXTURE — A light fixture that, by design of the
housing, does not allow any light dispersion or direct glare to shine
above a ninety-degree or horizontal plane from the base of the fixture.
FOOTCANDLE — A measurement of light that equals one lumen per
square foot.
GLARE — A light source that distributes enough intensity to cause loss
of visibility or discomfort. This is typically caused when a light source
is greater than the surrounding light to which the eye is accustomed.
OUTDOOR LIGHT FIXTURES — Permanently installed or portable
illuminating devices used for floodlighting, general illumination or
advertisement. Such devices shall include, but are not limited to,
search, spot and floodlights for buildings and structures; recreational
areas; parking lot lighting; landscape lighting; billboards and other
signs; streetlighting; product display area lighting; building overhangs
and open canopies.
UPLIGHTING — Any light source that distributes illumination above a
ninety-degree horizontal plane.
§ 350-12.2 ZONING § 350-12.2
350:115
C. Standards. Any use permitted by zoning either by right or through any
type of zoning relief in any district shall conform to the following
lighting standards. All outdoor light fixtures and illuminated signs for
all uses and structures within the City of Northampton shall be
designed, located, installed and directed in such a manner as to prevent
measurable light at the property lines and glare at any location on or off
the property. If necessary, an applicant may need to provide
photometric plans and/or manufacturing specification sheets to show
conformance with these standards. This standard shall be met through
the following:
(1) All outdoor lighting shall have full cutoff-type fixtures (See below.)
Cutoffs shall shield bulbs from visibility and may consist of internal
baffles or reflectors or external panels or other mechanisms.
(a) General site lighting shall not exceed 90º, the horizontal plane
of bottom of lamp fixture. No uplighting is allowed; parking,
security and aesthetic lighting must shine downward.
(b) Spotlights used to illuminate buildings, signs or specific site
amenities/features shall be targeted on such objects so as to
prevent direct uplighting. Cutoffs shall limit lighting to a forty-
five-degree angle above the horizontal plane.
(c) Upward search or spotlighting of the sky for entertainment or
advertising purposes is prohibited.
(2) Lighting shall be shielded to prevent direct glare and light trespass
and shall be contained to the target area to the extent feasible. See
below for examples of appropriate fixtures.
§ 350-12.2 NORTHAMPTON CODE § 350-12.2
350:116
Compiled by New England Light Pollution Advisory Group and
International Dark-Sky Association.
(a) Luminaires with no cutoff fixture used for mixed use or
nonresidential uses may be allowed through a site plan
approval from the Planning Board only when it is shown that a
low-level wattage (8,000 lumens or less) is to be used, no glare
will be present on streets or on adjoining properties and
standards in Subsection C(6) below will be met. This may be
appropriate for decorative purpose within neighborhoods or
the Central Business or General Business Districts.
(b) Lights or luminaires without cutoffs may be used on or around
residential structures if bulbs used do not exceed one-hundred-
watt incandescent or the equivalent fluorescent (not to exceed
twenty-five-watt) or other type bulb and light glare will not be
directed off site.
(3) Floodlighting for residential purposes should only be used with
sensors and must be shielded to prevent glare for drivers and
pedestrians, light trespass beyond the property line, and light
above a ninety-degree horizontal plane.
(4) Light trespass beyond the property line, and light above a ninety-
degree horizontal plane is prohibited.
(5) All nonessential lighting, including display, parking, and sign
lighting, shall be turned off after business hours, leaving only the
lighting necessary for site security.
(6) Site lighting output standards by district:
Zoning District
Maximum
(footcandle)
Site Average1
(footcandle)
Footcandle
at Property
Line
RR/SR/SC 0.8 NA 0
URA/URB/URC 3 1 0
GB/EB/NB/CB/PV 5 2 0
HB 5 2.5 0
§ 350-12.2 ZONING § 350-12.2
350:117
Zoning District
Maximum
(footcandle)
Site Average1
(footcandle)
Footcandle
at Property
Line
GI and OI 3 1 0
NOTES:
1 Standard for averaging as established by the Illuminating
Engineering Society of North America.
The Building Commissioner shall determine if light levels are
being met. Based on this assessment, the property owner shall
replace or modify fixtures to achieve compliance.
(7) Lighting directed on buildings and wall signs shall conform to these
output standards for commercial uses. (Maximum footcandles
shown for various surface coloring/texture). These standards are in
addition to those designated in Subsection C(6) above and shall not
result in lighting that exceeds those allowed on the site as
described in Subsection C(6).
(8)
Surface Types
Adjoining Residential
Districts
(footcandles)
Business
Districts
(footcandles)
Light (reflective)
surfaces
5 15
Medium-light
surfaces
10 20
Medium-dark
surfaces
15 30
Dark (absorbing)
surfaces
20 50
(9) Pole heights shall be a maximum of 25 feet in parking lots for
commercial and industrial uses within commercial and industrial
parking lots and along streets. The maximum height in the Central
Business, Entranceway Business, General Business, and
Neighborhood Business Districts and in all residential districts
shall be 16 feet. Greater pole heights may be allowed with site plan
approval from the Planning Board. Lamp wattage should be lower
on poles that are lower heights.
(10)Pole heights for streets shall not be greater than 25 feet in
commercial areas and 16 feet for new residential streets, unless
exempt public ways. Streetlights shall conform to the pole
standards above and shall conform to these light output standards:
(a) Commercial streets average between 0.8 footcandle to one
footcandle;
§ 350-12.2 NORTHAMPTON CODE § 350-12.2
350:118
(b) Local and collector streets average 0.3 footcandle to 0.8
footcandle.
(11)Signs should be illuminated from the top or internally illuminated.
Internal illumination is allowed so long as it does not cause light to
be directed upward or off the property boundaries and conforms to
other standards herein. See also Subsection C(6) above.
New England Light Pollution Advisory Group (NELPAG)
International Dark-Sky Association
(12)Energy efficiency. The City encourages the use of energy-efficient
lamps for all outdoor applications. Mercury vapor and incandescent
lighting fixtures, except for single-family, two-family and three-
family uses, are prohibited because they are the least energy
efficient and contain elements harmful for the environment. In
order of preference, the following represent lamp types that are
recommended:
(a) Compact fluorescent white light.
(b) Low pressure sodium. Though these lamps may not provide
accurate color rendering, they are appropriate for roadways,
walkways, parking areas, and security lighting.
(c) Metal halide and fluorescent lamps when appropriate controls
are used to ensure compliance with the standards within this
chapter.
(d) High-pressure sodium.
D. Exemptions.
(1) Permanent outdoor light fixtures lawfully installed prior to and
operable on the effective date of the requirements in this chapter
must not create glare nor be visible from a residential structure in a
residential zone on another property. Existing fixtures installed in
accordance with criteria in affect in March 2006, however, are
exempt from new requirements herein.
(2) All replacement of outdoor lighting fixtures, as of the date of
adoption, shall be subject to the provisions of this chapter.
(3) Airport operations lighting and aircraft navigational beacons as
established by the Federal Aviation Administration are
permanently exempt from these provisions. All other airport
outdoor lighting must conform to the intent of this chapter.
§ 350-12.2 ZONING § 350-12.2
350:119
§ 350-12.3. Significant trees.
(4) Festivals/fairs that require the use of temporary outdoor lighting
fixtures are exempt except that permanent installations at
dedicated sites must conform to the requirements of this chapter.
A. Legislative findings and intent. The City of Northampton finds that
significant trees enhance air quality, reduce noise, reduce energy costs,
create habitat, enhance aesthetics and property values, and benefit City
neighborhoods. The intent of this section is to encourage the
preservation and protection of significant trees during development
and redevelopment projects that require a site plan approval, special
permit, comprehensive permit, finding, or variance (collectively "zoning
relief").
B. No person shall remove any significant tree associated with any site
plan approval or any other zoning relief without a site plan approval
from the Planning Board (if a site plan approval is otherwise required),
or an administrative site plan approval from the Office of Planning and
Sustainability if no site plan is otherwise required.
C. The removal of any significant tree after July 1, 2015, or within 12
months immediately prior to such a site plan or zoning relief, whichever
is later, shall be subject to this section.
D. The requirements of this section shall not apply to:
(1) Trees located on property under the jurisdiction of the
Conservation Commission.
(2) City-owned public shade trees pursuant to MGL Chapter 87.
(3) Trees associated with emergency projects necessary for public
safety, health and welfare as determined by the Building
Commissioner, Director of Planning and Sustainability, or Director
of Public Works.
(4) Trees that are hazardous due to disease, age, or shallow roots, as
determined and confirmed in writing by a certified arborist and
reviewed by the City's Tree Warden.
(5) Trees affected by work performed by a utility company in
maintenance of its rights-of-way or in its maintenance, repair or
replacement of infrastructure that is unrelated to a development
project requiring zoning relief.
(6) Trees that are approved for removal through special permit by the
Planning Board.
(a) The Board may grant a special permit if, after weighing the
benefits of significant trees against other community benefits
created as part of the project, it determines a waiver of tree
§ 350-12.2 NORTHAMPTON CODE § 350-12.3
350:120
replacement to be appropriate and if at least the following
standards have been met:
[1] Trees are removed in order to create net zero energy
buildings (for electric and thermal use) of up to 10,000
square feet and/or to install 10,000 square feet of ground-
mounted PV panels; in addition to providing one or more
community benefits, which may include:
[a] Affordable housing units where 50% or more of the
units are deed-restricted for affordable housing as
defined in this Chapter 350.
[b] A project that results in permanently protected open
space.
(b) Building square footage shall apply to a single building
footprint or to the aggregate of two or more buildings. In order
to exercise a special permit granted under this section,
applicants must present a building permit that has been issued
for specific plans showing compliance with the net-zero
standard and must construct in accordance with the special
permit within one year of the issuance of a building permit.
Planning Board special permit to grant a waiver from
replacement within this provision is allowed only for the trees
necessary to be removed in order to provide the solar access to
the building(s) and/or panel array.
E. Any person removing a significant tree that is subject to this section
shall satisfy either of the following conditions:
(1) Provide for replacement trees according to the following
standards:
(a) Replacement trees shall be noninvasive deciduous or
coniferous trees (as defined by the City's Tree List and Planting
Guidelines) planted on or off site, as approved as part of a site
plan or administrative site plan, or on any City-owned property
with approval by the Office of Planning and Sustainability, in
consultation with the City Tree Warden, unless such trees are
public shade trees as per MGL c. 87, § 1,. Replacements shall
be calculated so that for each inch of diameter at breast height
of the removed trees there shall be no less than 1/2 inch of
caliper diameter of replacement trees.
(b) Replacement trees shall have a minimum of one-inch caliper
diameter.
(c) Replacement trees shall be maintained in good health a
minimum of 24 months after they are planted as confirmed by
the City's Tree Warden. If replacement trees are not found to
§ 350-12.3 ZONING § 350-12.3
350:121
§ 350-13. Special Conservancy District
§ 350-13.1. Purpose.
The purposes of the Special Conservancy District are:
be in "good health" as determined by the Tree Warden, the
trees shall be replaced as directed by the Warden.
(d) Replacement trees shall either be approved street tree species
as defined in the rules and regulations regarding subdivision of
land or other trees that are hardy in all of the following USDA
Plant Hardiness Zones: 6a, 6b, 7a, and 7b.
(2) Pay funds to the City for a tree replacement fund account that, in
the Planning Board's estimate, will allow the City to plant new
public shade trees on City property in accordance with the above
formula.
F. Protection of significant trees during construction.
(1) Any significant trees to be retained and any replacement trees on
property where demolition and/or construction activity is planned
shall be protected in an area shown on the approved site plan and
should follow American National Standards Institute (ANSI) A300
standards for tree care practices.
(2) The protected area shall exceed both the critical root zone and
drip-line of each significant tree unless the Planning Board
approves an alternate maintenance and tree protection plan
submitted by a certified arborist.
(3) A certified arborist shall submit a written letter to the Building
Commissioner, Tree Warden and Office of Planning and
Sustainability certifying that such area has been so protected in
accordance with the site plan.
G. Recordkeeping. The Department of Planning and Sustainability shall
collect annual totals of the number and diameter at breast height
measurements of significant trees preserved and replaced.
A. To protect the public health and safety, persons and property against
the hazards of seasonal and periodic flooding;
B. To protect the entire community from individual choices of land use and
development which require subsequent public expenditures for public
works and disaster relief;
C. To provide that lands in the City of Northampton subject to seasonal or
periodic flooding as described hereinafter shall not be used for
residential or other purposes in such a manner as to endanger the
health or safety of the occupants thereof;
§ 350-12.3 NORTHAMPTON CODE § 350-13.1
350:122
§ 350-13.2. Boundaries.
The Special Conservancy District shall generally cover the majority of the
area contained within the floodplain of the Connecticut River, and is
specifically that area show as "SC" on the Zoning Map of the City of
Northampton.
§ 350-13.3. Permitted uses.
Land in the Special Conservancy District may be used for the purposes
permitted in the district as set forth in the Table of Use Regulations.
16 Where such uses are allowed by special permit, the conditions of
§§ 350-13.4 and 350-13.5 shall apply.
§ 350-13.4. Special permit granting authority.
D. To assure the continuation of the natural flow pattern of the
watercourses within the City of Northampton in order to provide safe
and adequate floodwater storage and conveyance capacity, to protect
persons and property against the hazards of flood inundation, including
damage from erosion and increased flood heights and velocities;
E. To protect, preserve and maintain the water table and water recharge
areas with the City so as to preserve present and potential water
supplies for the public health and safety of the residents of the City of
Northampton;
F. To provide for the continued functioning of the river floodplain/
wetlands as a natural system. The object is to avoid activities in the
floodplain/wetlands which would interfere with natural food chains that
support a myriad of living things recognizing that they serve mankind
and all other life in assimilating waste, producing food, conserving
water, and maintaining stability which has been called the balance of
nature. Proper use of the floodplain/wetlands is considered to be such
as would secure these benefits to all its users.
A. The Planning Board is the special permit granting authority for all
permits under this article. The Planning Board shall send copies of the
application for the special permit and accompanying plans to the
Building Commissioner, Board of Health and the Conservation
Commission for their recommendations. The Planning Board shall not
act until 30 days after it sends copies of the application to the reviewing
agencies. The Planning Board shall give due consideration to all
recommendations and, where its decision differs from the
recommendations received, it shall state the reasons therefor in
writing.
B. The Planning Board may, as a condition of approval, require that
effective notice be given to prospective purchasers of past flooding of
16.Editor's Note: The Table of Use Regulations is included at the end of this chapter.
§ 350-13.1 ZONING § 350-13.4
350:123
§ 350-13.5. Additional site plan requirements.
The application for a special permit for a use in the Special Conservancy
District shall include a site plan, in accordance with the standards in
§ 350-11.1. In addition to the requirements of § 350-10.1:
§ 350-13.6. Development conditions.
The following conditions shall apply for the development of any portion
of land within the SC District that is at or below the one-hundred-year
floodplain:
said premises and the steps undertaken to alleviate the effects of the
same.
A. The site plan shall show elevation above mean sea level of the
basement, first floor, ground elevation, and one-hundred-year floodplain
level, and documentation that the project complies with all of the
criteria of § 350-13.6.
B. For all structures where any part of the structure will be below the
floodplain elevation the applicant shall provide certification from a
registered professional engineer or architect that the building is
designed, constructed, and anchored to prevent flotation, collapse, or
lateral movement of the structure during flooding. This requirement
shall not apply to structures accessory to residential uses and
structures used for agriculture, horticulture and floriculture where
those structures are built with concrete frost and foundation walls that
extend at least six inches above the one-hundred-year floodplain and
where the walls are built to allow flow of water on both sides of the
concrete wall in accordance with the State Building Code17 (wet
floodproofing).
C. For special permit applications for any use other than structures
accessory to residential structures containing one to three dwelling
units and structures used for agriculture, horticulture and floriculture
the requirement for a site plan at one inch equals 40 feet with contours
may not be waived unless the entire project is above the one-hundred-
year floodplain.
D. A statement indicating what other permits or approvals are required or
have been obtained from state and/or federal agencies.
A. The floor of the basement, or if none, the lowest floor of new
construction of structures for residential uses shall be at or above the
one-hundred-year flood elevation.
B. The floor of the basement, or if none, the lowest floor of new
construction of structures for nonresidential uses shall be at or above
17.Editor's Note: See Ch. 145, Building Regulations.
§ 350-13.4 NORTHAMPTON CODE § 350-13.6
350:124
§ 350-13.7. Submission of plans.
No occupancy permit shall be issued until the Building Commissioner has
received a certified plan showing the foundation and floor elevations,
grading of the premises, elevations of the completed construction, and
all elevations of the various elements that make up the sewage disposal
system, and stating that all requirements of all permits obtainable at the
time have been satisfied.
§ 350-14. Floodplain District
§ 350-14.1. Purpose.
The purpose of the Floodplain District is:
the one-hundred-year flood elevation or floodproofed to the one-
hundred-year flood elevation.
C. All structures shall be so designed, constructed, and secured to prevent
flotation, collapse, or lateral movement of the structure during flooding,
and to be consistent with the need to minimize flood damage.
D. There shall be no danger of pollution to public or on-site water supply
facilities due to the location or elevation of the building, filling of the
area, infiltration of floodwaters, or for other reasons.
E. Utilities shall be so located and constructed as to minimize or eliminate
flood damage.
F. Adequate methods shall be provided for the periodic disposal of
sewage, refuse and other wastes resulting from the uses permitted on
the site.
G. Where the topography and soil conditions permit, adequate drainage
shall be provided so as to minimize flood damage.
H. Safe vehicular and pedestrian movement to, over, and from the
premises should be provided with the exception that all roads and
driveways shall be at or near grade level to prevent unwarranted
diking.
A. To preserve and protect the streams and other watercourses in the City
of Northampton and their adjoining lands;
B. To protect the health and safety of persons and property against the
hazards of flooding and contamination, as specified in § 350-13.1;
C. To preserve and maintain the groundwater table for water supply
purposes, and protection of adequate base flows of streams and rivers;
D. To protect the community against the detrimental use and development
of lands adjoining such watercourses;
§ 350-13.6 ZONING § 350-14.1
350:125
§ 350-14.2. Boundaries.
The Floodplain District is superimposed over any other district established
by this chapter. The rules for this superimposed district shall be in addition
to, rather than in place of, the rules for such other districts. The boundaries
of the district shall be as shown in the Zoning Map of the City of
Northampton. The boundary of the Floodplain District shall be interpreted
as set forth in § 350-3.6.
§ 350-14.3. Permitted uses.
Municipal use, such as waterworks, pumping stations and parks, is
permitted under this section. Land in the Floodplain District may be used
for any purpose otherwise permitted in the underlying district, except that:
§ 350-14.4. Reviewing agencies.
The Planning Board shall send copies of the application for the special
permit and accompanying plans to the Building Commissioner, Board of
Health and the Conservation Commission for their recommendations. The
Planning Board shall not act until 30 days after it sends copies of the
application to the reviewing agencies. The Planning Board shall give due
consideration to all recommendations and, where its decision differs from
the recommendations received, shall state the reasons therefor in writing.
§ 350-14.5. Site plan required.
The application for a special permit for a use in the Floodplain District
shall include a site plan, in accordance with the standards in § 350-11.1. In
addition to the requirements of § 350-10.1, the site plan shall include the
following:
E. To conserve the watershed areas of the City of Northampton for the
health, safety, and welfare of the public.
A. No structure intended for human occupancy or use on a permanent
basis having water and sewerage facilities and no other building, wall,
dam or structure shall be erected, constructed, substantially improved,
or moved for any purpose unless a special permit or site plan as
specified within § 350-5.2, Table of Use Regulations,18 from the
Planning Board is issued.
B. The dumping or filling of any earth material in excess of 50 cubic yards
within the Floodplain District is prohibited unless a special permit from
the Planning Board is issued.
A. The elevation above mean sea level of the basement, first floor, ground
elevation, and one-hundred-year floodplain level, and documentation
how the project complies with all of the criteria of § 350-14.6.
18.Editor's Note: The Table of Use Regulations is included at the end of this chapter.
§ 350-14.1 NORTHAMPTON CODE § 350-14.5
350:126
§ 350-14.6. Development conditions.
The following conditions shall apply for the development of any portion of
land within the Floodplain District that is at or below the one-hundred-year
floodplain:
B. For all structures where any part of the structure will be below the
floodplain elevation the applicant shall provide certification from a
registered professional engineer or architect that the building is
designed, constructed, and anchored to prevent flotation, collapse, or
lateral movement of the structure during flooding. This requirement
shall not apply to structures accessory to residential uses and
structures used for agriculture, horticulture and floriculture where
those structures are build with concrete frost and foundation walls that
extend at least six inches above the one-hundred-year floodplain and
where the walls are built to allow flow of water on both sides of the
concrete wall in accordance with the State Building Code (wet
floodproofing).
C. For special permit applications for any use other than structures
accessory to residential structures containing one to three dwelling
units and structures used for agriculture, horticulture and floriculture
the requirement for a site plan of one inch equals 40 feet with contours
may not be waived unless the entire project is above the one-hundred-
year floodplain.
D. A statement indicating what other permits or approvals are required or
have been obtained from state and/or federal agencies.
E. Where Federal Flood Insurance Rate Maps do not indicate a base flood
elevation, data from alternative sources shall be included in order to
help determine that elevation.
A. The lot(s) shall be served by a public water system, designed so as to
minimize or eliminate infiltration of floodwaters into that system,
B. If the lot(s) is to be served by a public sewerage system, the sanitary
system shall be designed to minimize or eliminate infiltration of
floodwater into the system and discharges from the system into
floodwaters.
C. If the lot(s) is to be served by an on-lot septic system, the following
conditions shall apply in addition to those otherwise listed in this
section:
(1) On-lot septic systems shall be located and designed so as to avoid
damage to systems by floodwaters or infiltration of floodwaters into
the system and to avoid discharges from the systems during
flooding.
§ 350-14.5 ZONING § 350-14.6
350:127
(2) All on-lot septic systems shall comply with the requirements of the
Northampton Board of Health and State Sanitary Code in regard to
percolation testing and leaching area location.
(3) The leaching area designed for use, as well as a reserved area for
future expansion, shall be plotted with dimensions on the plan
submitted. The leaching area shall not be constructed within 75
feet of the mean high-water mark.
D. Flood damage prevention.
(1) If the basement floor level is below the one-hundred-year flood
elevation and affords the possibility of human occupancy at some
future date, although not originally intended, the foundation shall
be sealed by a water resistant sealer and adequate perimeter
drainage shall be installed to withstand or reduce the effect of
pressure and seepage. Furnace and utilities are to be protected
from the effects of water damage by seepage or flooding.
(2) In the case of new construction or substantial improvement to a
structure for residential uses, the floor of the basement, or if none,
the lowest floor of the construction, shall be at or above the one-
hundred-year flood elevation.
(3) In the case of new construction or substantial improvement of
structures for nonresidential uses, other than accessory structures,
the floor of the basement, or if none, the lowest floor of the
structure, shall be at or above the one-hundred-year flood elevation
or shall be floodproofed to the one-hundred-year flood elevation.
(4) Accessory structures shall be designed so as to provide adequate
anchoring and foundation construction so as to minimize any flood
damage to the structure.
E. Utilities.
(1) Utilities, other than water and sewerage heretofore referred to,
shall be located and constructed so as to minimize or eliminate
flood damage to them.
(2) Adequate methods shall be provided for the periodic disposal of
sewage, refuse and other wastes resulting from the uses permitted
on the site. Where the topography and soil conditions permit,
adequate drainage shall be provided so as to minimize flood
damage.
(3) The applicant shall show that the proposed development will not
endanger health and safety, including safety of gas, electricity, fuel,
and other utilities from breaking, leaking, short circuiting,
grounding, igniting or electrocuting; obstruct or divert flood flow;
substantially reduce natural floodwater storage capacity; or
§ 350-14.6 NORTHAMPTON CODE § 350-14.6
350:128
§ 350-14.7. Notice requirements.
The Board may, as a condition of approval, require that effective notice be
given to prospective purchasers, by signs or otherwise of past flooding of
said premises, and the steps undertaken by the petitioner or his successor
in title to alleviate the effects of the same.
§ 350-14.8. Issuance of occupancy permit.
No occupancy permit shall be issued until the Building Commissioner has
received a certified plan showing the foundation and floor elevations,
grading of the premises, elevations of the completed construction, and
all elevations of the various elements that make up the sewage disposal
system, and stating that all requirements of all permits obtainable at the
time have been satisfied.
§ 350-14.9. Meeting lot area requirements.
The portion of any lot in the district may be used to meet the area and yard
regulations for the district in which the remainder of the lot is situated,
provided that no more than 50% of the lot area is within the Floodplain
District.
§ 350-15. Water Supply Protection District19
§ 350-15.1. Purpose.
The purpose of this section is to promote the health, safety and welfare
of the community by protecting and preserving the public drinking water
resources of Northampton and abutting communities from any use of land
or structures which reduces the quality or quantity of its public drinking
water resources. There is sufficient data to show that the minimum lot
size in water supply areas should be at least 80,000 square feet (e.g., the
Ward Mott study performed for the Northampton drinking water supply),
although smaller and larger minimum lot sizes are not uncommon. As such,
it is the purpose of this zoning to generally have a minimum lot size of
80,000 square feet.
§ 350-15.2. District superimposed on other districts.
increase stormwater runoff velocity so that water levels on other
land are substantially raised or the danger from flooding increased.
F. Safe vehicular and pedestrian movement to, over, and from the
premises should be provided with the exception that all roads and
driveways shall be at or near grade level to prevent unwarranted
diking.
19.Editor's Note: Former Section 15, Amendment and Validity, was renumbered 2-1-2007. See
now § 350-1.4 above.
§ 350-14.6 ZONING § 350-15.2
350:129
§ 350-15.3. Boundaries.
The Water Supply Protection Districts are herein established to include all
specified lands within the City of Northampton. The intent of the Water
Supply Protection Districts is to include lands lying within the primary and
secondary recharge areas of groundwater aquifers which provide public
water supply, as well as watersheds of public surface water supplies.
§ 350-15.4. Prohibited uses.
The following uses are prohibited in the Water Supply Protection Districts:
A. The Water Supply Protection District-Overlay (O) shall be superimposed
on the commercial districts established by this chapter. All uses,
dimensional requirements and other provisions of this chapter
applicable to such underlying districts shall remain in force and effect,
except that where the Water Supply Protection District imposes greater
or additional restrictions and requirements, such restrictions or
requirements shall prevail. Any uses not permitted in underlying
districts shall remain prohibited.
B. The Water Supply Protection District base district shall have the same
restrictions as the overlay, but is generally applied in the areas intended
for low density residential use.
A. All uses which manufacture, process, store or dispose of hazardous
materials as a principal activity, including, but not limited to, metal
plating, chemical manufacturing, wood preserving and furniture
stripping, auto body repair and dry cleaning.
B. All facilities that generate, treat, store or dispose of hazardous wastes
which are subject to MGL c. 21C and 310 CMR 30.00 as amended,
except very small quantity generators, as defined by 310 CMR 30.353,
as may be amended.
C. Trucking or bus terminals; motor vehicle gasoline sales.
D. Car washes, except when located on public water/sewer systems and
disposing of wastewater in said sewer system.
E. Sanitary landfills and open dumps, as defined in 310 CMR 19.01 as
amended, except for sanitary landfills that have a site assignment
permit issued in accordance with 310 CMR 16.000 that predates the
adoption of this amendment and a heavy public use special permit from
City Council. Specific landfill operations and types of wastes accepted
must be in accordance with Massachusetts Department of
Environmental Protection Solid Waste Management Facility
Regulations (310 CMR 19.000) and policies. Ancillary operations
associated with the landfill facility are also acceptable, including
various recycling collections, household hazardous waste collection
events, leaf and yard waste composting and composting of other
organic materials.
§ 350-15.2 NORTHAMPTON CODE § 350-15.4
350:130
F. Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1,
as may be amended, solid wastes, and junk and salvage yards.
G. Business and industrial uses which involve the on-site disposal of
process wastes from operations.
H. Animal feedlots exceeding 10 animals.
I. Disposal of liquid or leachable wastes, including:
(1) The installation or enlargement of a subsurface waste disposal
system and any wastewater treatment works that discharges onto
or below the land for any building or use when it is feasible to hook
into a municipal sanitary sewer system B.
(2) Business or industrial uses which involve the on-site disposal of
wastes from personal hygiene and food preparation for residents,
patrons and employees.
(3) Land application and storage of sludge and septage and sludge and
septage monofils, as defined in 310 CMR 32.05, as amended.
J. Petroleum, fuel oil and heating oil bulk stations and terminals and
underground storage of oil, gasoline and all other petroleum products,
excluding propane, liquefied petroleum, and natural gases.
Notwithstanding this prohibition, such storage shall be allowed outside
of any DEP aquifer zone I and II as follows:
(1) Underground storage of heating oil shall be allowed where natural
gas is not available and where such storage meets all requirements
for secondary containment specified in 527 CMR 1-50; or
(2) When storage is incidental to emergency generators required by
statute, rule or regulation, provided that such storage is either in a
freestanding container within a building or in a freestanding
container above ground level with protection adequate to contain a
spill the size of the container's total storage capacity.
K. Underground transmission of oil, gasoline or other petroleum products,
excluding propane, liquefied petroleum and natural gases.
L. Storage of sodium chloride (road salt), calcium chloride, chemically
treated abrasives or other chemicals used for the removal of snow or ice
on roads, unless such storage does not exceed 50 gallons and is within a
structure designed to prevent the generation of contaminated run-off
and the off-site stockpiling and disposal of snow or ice containing
sodium chloride, calcium chloride, chemically treated abrasives or
other chemicals used for the removal of snow or ice on roads which has
been removed from highways and streets (other than by plowing to the
edge of the street).
M. Outdoor storage of pesticides or herbicides, including those defined in
MGL c. 132B, § 2, as may be amended, the storage of commercial
§ 350-15.4 ZONING § 350-15.4
350:131
§ 350-15.5. Restrictive uses.
fertilizers and soil conditioners, as defined in MGL c. 128, § 64, as
may be amended, and the stockpiling of animal manures, unless such
storage is within a building or structure with an impermeable cover
and liner designed to prevent the generation of contaminated run-off or
leachate and accidental release onto or below the land surface.
N. The use of septic system cleaners which contain toxic chemicals,
including, but not limited to, methylene chloride and 1-1-1
trichlorethane.
O. Medical, testing and research laboratories that dispose of biological or
chemical wastes.
A. Excavation for removal of earth, sand, gravel and other soils shall not
extend closer than five feet above the annual high groundwater table,
as determined by the Building Commissioner. The burden of proof is on
the applicant to demonstrate the depth to annual high groundwater. In
addition to information provided by the applicant, the permit granting
authority can rely on and other maps, studies, or technical information
the permit granting authority may deem relevant. This restriction shall
not apply to:
(1) Sand and gravel operations legally operating on the date of
adoption of this amendment, provided access roads to the
operation include a gate or other secure mechanism to restrict
public access to the site.
(2) Driveways, walkways and structures extending no more than six
inches into the ground.
(3) Construction of stormwater detention or retention basins or the
construction of wetland replication areas.
(4) Water lines, sewers, storm sewers, utility lines, gas lines, and
similar underground conduits and conveyances.
(5) Uses incidental to permitted uses, including, but not limited to,
providing for the installation of structural foundations; provided,
however, that the Building Commissioner finds that when such uses
are within three feet of the annual high groundwater table:
(a) Such uses shall incorporate a drainage system to ensure that
groundwater intercepted by footing and curtain drains is
discharged into the ground to recharge the groundwater; and
(b) That any floor drains inside of a structure discharge in such a
way that any hazardous materials leaks can be cleaned up
more easily than if the drains discharge directly into the soil.
B. The use of sodium chloride for ice control shall be minimized,
consistent with public highway safety requirements.
§ 350-15.4 NORTHAMPTON CODE § 350-15.5
350:132
§ 350-15.6. Drainage.
All runoff from impervious surfaces shall be recharged on the site by being
diverted toward areas covered with vegetation for surface infiltration to
the extent possible. Dry wells shall be used only where other methods
are infeasible, and shall be preceded by oil, grease and sediment traps to
facilitate removal of contamination. Any and all recharge areas shall be
permanently maintained in full working order by the owner.
§ 350-15.7. Uses by special permit.
C. Commercial fertilizers, pesticides, herbicides, or other leachable
materials shall not be used in amounts which result in groundwater
contamination.
D. Permitted aboveground storage tanks for oil, gasoline or other
petroleum products (in accordance with § 350-15.4J) shall be placed
within a building with an impermeable basement or placed on a diked,
impermeable surface to prevent spills or leaks from reaching
groundwater, consistent with the storage containment requirements for
aboveground storage tanks in 310 CMR 22.21(2)(b)(5)..
A. Uses which may otherwise be permitted in accordance with the zoning
and which shall file an application for a special permit under this
section are:
(1) Business and industrial activities permitted in the underlying
district (either by matter of right or by special permit);
(2) Any excavation incidental to a permitted use within three feet of
the annual groundwater table;
(3) Any site alteration, structure or impervious surface, except for
municipal uses, within 200 feet of a watercourse as defined under
§ 310-15.9 of these regulations.
B. Special permit and site plan approval applications for activities in the
Water Supply Protection Districts must include the following, in
addition to other requirements of this chapter:
(1) Provisions to prevent contamination of groundwater by petroleum
products, hazardous materials or wastes;
(2) Drainage recharge features and provisions to prevent loss of
recharge;
(3) Provisions to control soil erosion and sedimentation;
(4) Provisions to prevent soil compaction;
(5) Provisions to prevent seepage from sewer pipes;
§ 350-15.5 ZONING § 350-15.7
350:133
§ 350-15.8. Design and operations guidelines.
Businesses and industries shall make provisions for protection against toxic
or hazardous materials, discharge or loss resulting from corrosion,
accidental damage, spillage or vandalism, including, but not limited to, the
following:
§ 350-15.9. Additional dimensional and density regulations.
(6) A complete list of chemicals, pesticides, fuels and other potentially
hazardous materials to be used or stored on the premises in
quantities greater than those associated with normal household
use. Those businesses using or storing such hazardous materials
shall file a definitive operating plan, which shall comply with the
design and operations guidelines specified in § 350-15.8 of this
chapter;
(7) Evidence of compliance with the regulations of the Massachusetts
Hazardous Waste Management Act, 310 CMR 30.
C. After public hearing and due consideration of the recommendations it
has received, the Planning Board may grant a special permit if it finds
that the proposed use:
(1) Is in harmony with the purpose and intent of this chapter and will
promote the purposes of the Water Supply Protection Districts;
(2) Is appropriate to the natural topography, soils and other
characteristics of the site to be developed;
(3) Has adequate public sewerage and water facilities, or the suitable
soil for on-lot sewerage and water systems;
(4) Will not, during construction or thereafter, have an adverse
environmental impact on groundwater resources in the district;
and
(5) Will not adversely affect the existing or potential quality and
quantity of water in the Water Supply Protection District.
A. Spill containment and cleanup provisions to prevent hazardous material
spillage to the environment;
B. Provisions for the prevention of corrosion and leakage of containers
storing hazardous materials;
C. Provisions for indoor, secured storage of hazardous materials and
accumulated hazardous wastes, and for protection from vandalism; and
D. Provisions for impervious floor surfaces where hazardous materials are
used or stored with no drainage discharge to the environment.
§ 350-15.7 NORTHAMPTON CODE § 350-15.9
350:134
§ 350-16. (Reserved)
§ 350-17. Farms, Forests and Rivers District (FFR)
§ 350-17.1. Purpose.
The purpose of this article is to protect sensitive open space and
ecologically important features, to preserve the farms, forests and river
corridors of Northampton, and to allow landowners the ability to develop
their property in a manner that is sensitive to these unique resources.
§ 350-17.2. Uses.
Uses in the FFR are limited to any of the following:
A. The minimum lot size for any use in the Water Supply Protection
District and the WSP-O shall be 40,000 square feet.
B. The maximum coverage of impervious surface (building, driveways,
etc.) shall be 15% of any newly created lot after the effective date of this
ordinance, unless a system for artificial recharge of precipitation that
will riot result in groundwater pollution is provided and granted a
special permit under § 350-15.7 of these regulations. Notwithstanding
anything in this chapter, however, the Building Commissioner may
allow the following without a special permit:
(1) Uncovered decks when rainwater can drip between deck boards
and fall to the ground and there is no impervious cover below the
deck; and/or
(2) Up to a total of 30% impervious cover when roof drainage is
captured by gutters and drained into an adequately sized dry well,
such that the area of the roof recharging into the groundwater is
equal to or greater than the area of impervious surface in excess of
15%.
C. No site alterations, structure, or impervious surface, except for
municipal uses, shall be placed within 200 feet of any watercourse,
including streams which do not flow throughout the year (i.e., which are
intermittent), but excluding streams which are up-gradient of all bogs,
swamps, wet meadows, and marshes, where said watercourse is a
tributary to a public water system, unless a special permit is granted
under this chapter.
A. All Water Supply Protection District regulations related to prohibited
uses, restrictive uses, drainage, uses by special permit, and design and
operations guidelines (§§ 350-15.4 to 350-15.8) shall apply.
B. Development with a special permit issued under § 350-10.5 [open space
residential development (cluster)]; provided, however, that the
Planning Board finds that the following conditions are met, to the
§ 350-15.9 ZONING § 350-17.2
350:135
§ 350-17.3. Transfer of development rights (TDR).
The Planning Board shall grant an owner of land in the Farms, Forests and
Rivers district a special permit to transfer the right to develop residential
units from the FFR District (sending or donor parcels) to the Planned Village
District (PV). (See § 350-10.15.) or other receiving parcels as allowed by
this Zoning Ordinance in accordance with the criteria below. The Planning
Board shall base its decision on the criteria in this section and the
requirements for site plan review for the sending zone, not the receiving
zone. The special permit criteria of § 350-10.1C shall not apply.
maximum extent possible, before granting a special permit for a cluster
development in the FFR District:
(1) If all or a portion of the protected open space is or could be used for
farmland, all buildings, roads, drainage systems, utilities and other
development shall be laid out in a manner to provide the least
disturbance to actual or potential farm operations, to minimize
potential conflicts between agricultural and nonagricultural uses,
and shall be located on the soils least suitable for the production of
crops.
(2) Open space shall be laid out to maintain views of agricultural lands
and open space, and to maintain distant vistas across open space
from both on and off the site.
(3) Development shall be integrated into the existing landscape
through the use of building placement, landform treatment, and
visually compatible existing or new screening. When possible,
development should be placed within existing woodlands and not in
open fields, to preserve views and minimize visual impact.
(4) No more than 25% of a parcel may be developed as building lots,
roads, sewage disposal or drainage facilities, or other development
and, where possible, all improvements shall be spatially
concentrated to preserve the protected resources.
(5) All site improvements shall be laid out and constructed to minimize
environmental and other impacts on protected resources.
A. The maximum number of dwelling unit development rights that can be
transferred is the greater of the following:
(1) The number of dwelling units allowed by a current valid definitive
subdivision approval or open space residential development
(cluster) special permit issued for the sending parcel; or
(2) Sixty percent of the number of dwelling units that could potentially
be developed based on the maximum number of dwelling units
allowed in a cluster, in accordance with § 350-11.4E(1), and
including deductions for wetlands but excluding deductions for
roadways.
§ 350-17.2 NORTHAMPTON CODE § 350-17.3
350:136
§ 350-18. (Reserved)
§ 350-19. (Reserved)
§ 350-20. Sustainable Growth Overlay District (SG).
§ 350-20.1. Purpose. [Amended 6-1-2017 by Ord. No. 17.250]
It is the purpose of this § 350-20 to establish Sustainable Growth Overlay
Districts (SG) and to encourage smart growth in accordance with the
purposes of MGL c. 40R, and to foster a range of housing opportunities
along with a mixed-use development component, to be proposed in a
distinctive and attractive site development program that promotes compact
design, preservation of open space, and a variety of transportation options.
Other objectives of this § 350-20 are to:
B. Development rights may not be transferred from land which may not be
otherwise be developed for a residential subdivision because of
ownership status, deed restrictions, easements, or prior transfer of
development rights, including:
(1) Land with conservation restrictions or agricultural preservation
restrictions;
(2) Land owned by a government agency for permanent park,
agricultural or conservation purposes;
(3) Land owned by a nonprofit corporation, a principal purpose of
which is conservation or preservation of open space or farmland;
(4) Land where the development rights have already been transferred
out of the parcel.
C. Transfer of development rights is contingent on placing a permanent
conservation restriction or agricultural preservation restriction, in
accordance with the provisions of Massachusetts General Laws, on the
land from which the development rights were transferred (sending
parcel) and restricting the use of the land to agriculture, forestry, or
undeveloped open space open for passive recreation only, or deeding
the land to the City as permanent park or conservation land with no
acquisition cost (but only with the consent of the City Council and the
Conservation or Recreation Commission, as appropriate).
D. Development rights may be transferred from a sending parcel and held
indefinitely before being assigned to a receiving parcel. Development
rights may be transferred by sale or other means and may subsequently
be transferred to any owner of receiving parcels allowed by this
chapter.
A. Promote the public health, safety, and welfare by encouraging diversity
of housing opportunities;
§ 350-17.3 ZONING § 350-20.1
350:137
§ 350-20.2. Definitions.
For purposes of this § 350-20, the following definitions shall apply. All
capitalized terms shall be defined in accordance with the definitions
established under the Enabling Laws or this § 350-20.2, or as set forth in
the rules and regulations of the Permit Approval Authority ("regulations").
To the extent that there is any conflict between the definitions set forth is
this § 350-20.2 or the regulations and the Enabling Laws, the terms of the
Enabling Laws shall govern.
AFFORDABLE HOMEOWNERSHIP UNIT — An Affordable Housing unit
required to be sold to an Eligible Household.
AFFORDABLE HOUSING — Housing that is affordable to and occupied by
Eligible Households.
AFFORDABLE HOUSING RESTRICTION — A deed restriction of Affordable
Housing meeting statutory requirements in MGL c. 184, § 31, and the
requirements of § 350-20.7E.
AFFORDABLE RENTAL UNIT — An Affordable Housing unit required to be
rented to an Eligible Household.
AS-OF-RIGHT PROJECT or PROJECT — A multifamily-use development,
townhouse development, or single-family development allowed under
§ 350-20.5 as-of-right without recourse to a special permit, variance, zoning
amendment, or other form of zoning relief.
DESIGN GUIDELINES —[Amended 6-1-2017 by Ord. No. 17.250]
B. Provide for a full range of housing choices for households of all
incomes, ages, and sizes in order to meet the goal of preserving
municipal character and diversity;
C. Increase the production of a range of housing units to meet existing and
anticipated housing needs;
D. Provide a mechanism by which residential development can contribute
directly to increasing the supply and diversity of housing;
E. Establish requirements, standards, and guidelines, and ensure
predictable, fair and cost-effective development review and permitting;
F. Establish development standards to allow context-sensitive design and
creative site planning; and
G. Enable the City to receive zoning incentive payments and/or density
bonus payments in accordance with MGL c. 40R, 760 CMR 59.06, and
MGL c. 40S, arising from the development of housing in the SG District.
For the purpose of this section, the term "Design Guidelines" shall refer
to and be subject to the requirements of the term "design standards" as
provided for under MGL c. 40R, § 10 and 760 CMR 59.04(1)(f).
A.
§ 350-20.1 NORTHAMPTON CODE § 350-20.2
350:138
ELIGIBLE HOUSEHOLD — An individual or household whose annual
income is less than 80% of the area-wide median income as determined by
the United States Department of Housing and Urban Development (HUD),
adjusted for household size, with income computed using HUD's rules for
attribution of income to assets.
ENABLING LAWS — MGL c. 40R and 760 CMR 59.00.20
MONITORING AGENT/ADMINISTERING AGENCY — The local housing
authority or other qualified housing entity designated by the municipality
(the PAA, chief executive, or other designated municipal official), pursuant
to § 350-20.7, to review and implement the affordability requirements
affecting projects under § 350-20.7.[Added 6-1-2017 by Ord. No. 17.250]
MULTIFAMILY DEVELOPMENT — A residential structure containing four
or more dwelling units.
PLAN APPROVAL — Standards and criteria which a Project in the SG
District must meet under the procedures established herein and in the
Enabling Laws.
PLAN APPROVAL AUTHORITY — For purposes of reviewing Project
applications and issuing decisions on development Projects within the SG
District, the Planning Board, consistent with MGL c. 40R and 760 CMR
59.00, shall be the Plan Approval Authority (the "PAA"), and is authorized to
approve a site plan to implement a Project.
RECREATIONAL USES — Active recreational uses, including but not limited
to ballfields; and passive recreational uses, including but not limited to
walking and bicycle paths. Amusements or motorized uses shall not be
considered eligible recreational uses.
SINGLE-FAMILY DEVELOPMENT — A residential development containing
only single-family homes.
TOWNHOUSE DEVELOPMENT — A residential development with
structures containing two or three dwelling units.
For Village Hill Smart Growth Subdistricts A, B and C as defined in
§ 350-20.18, the document entitled "Design Guidelines: The Village
at Hospital Hill," prepared for Hospital Hill Development, LLC, by
Beals and Thomas, Inc., Southborough, MA, dated July 17, 2003, and
revised July 2, 2004, containing 31 pages (the "Design Guidelines"),
approved by the Massachusetts Department of Housing and Community
Development (DHCD) on August 21, 2007, with pages one through 10
not applying to Projects in the SG District. Said Design Guidelines are
applicable to all Projects within the SG District that are subject to
Plan Approval by the Plan Approval Authority. A copy of the Design
Guidelines is on file in the office of the City's Planning Board.
B.
For all other Smart Growth Districts, the site plan design requirements
are specified below in § 350-20.19.
C.
20.Editor's Note: The definition of "live/work units or mixed residential/commercial space,"
which immediately followed this definition, was repealed 6-1-2017 by Ord. No. 17.250.
§ 350-20.2 ZONING § 350-20.2
350:139
ZONING ORDINANCE — The Zoning Ordinance of the City of Northampton.
§ 350-20.3. Overlay district. [Amended 6-1-2017 by Ord. No. 17.250]
§ 350-20.4. Applicability of SG District.
In accordance with the provisions of MGL c. 40R and 760 CMR 59.00,
an applicant for a Project located within the SG District may seek Plan
Approval in accordance with the requirements of this § 350-20. In such
case, notwithstanding anything to the contrary in this Zoning Ordinance,
such application shall not be subject to any other provisions of this Zoning
Ordinance, including limitations upon the issuance of building permits for
residential uses related to a rate of development or phased growth
limitation or to a local moratorium on the issuance of such permits, or to
building permit or dwelling unit limitations.
§ 350-20.5. Permitted uses. [Amended 6-1-2017 by Ord. No. 17.250]
The following uses are permitted as of right in the SG District in all
subdistricts, subject to plan approval, except as specified below:
A. Establishment. A Sustainable Growth Overlay District(s), hereinafter
referred to as an "SG District," is an overlay district that may contain
subdistricts and that is superimposed over an underlying zoning district
applicable to property shown on the map entitled "Sustainable Growth
Overlay District," dated concurrently with adoption of the respective
amendment (the "SG District Map"). This map is hereby made a part of
the Zoning Ordinance and is on file in the office of the City Clerk.
Subject to the requirements of the Enabling Laws, including a
corresponding preliminary determination of eligibility, letter of
approval and/or amended letter of approval, as applicable, by DHCD for
each such amendment, this map and the text of § 350-20 may be
amended from time to time to add, expand, reduce, eliminate or
otherwise modify one or more Sustainable Growth Overlay Districts.
B. Subdistricts. Subdistricts may be created within an established Smart
Growth District subject to approval by DHCD. Any such subdistricts
shall be shown on the Smart Growth Map.
C. The regulations for use, dimension, and all other provisions of the
Zoning Ordinance governing the underlying zoning district(s) shall
remain in full force, except for those projects undergoing development
pursuant to § 350-20. Within the boundaries of the SG District, a
developer may elect either to develop a project in accordance with the
requirements of the smart growth zoning or to develop a project in
accordance with requirements of the regulations for use, dimension,
and all other provisions of the Zoning Ordinance governing the
underlying zoning districts.
A. Parking, including surface, subsurface garage parking, and structured
parking (e.g., parking garages).
§ 350-20.2 NORTHAMPTON CODE § 350-20.5
350:140
§ 350-20.6. Project phasing. [Amended 6-1-2017 by Ord. No.
17.250]
The PAA, as a condition of any Plan Approval, may require a Project to be
phased to mitigate any extraordinary adverse Project impacts on nearby
properties. For Projects that are approved and developed in phases, the
PAA, unless it receives written authorization to do otherwise by the
Department, shall assure that each phase contains at least the minimum
percentage of Affordable Housing units required under § 350-20.7B and the
required number of Affordable Housing Units in the Project as a whole,
as per § 350-20.7B. Such assurance may be provided through use of the
security devices referenced in MGL c. 41, § 81U, or through the PAA's
withholding of certificates of occupancy until proportionality has been
achieved. No Density Bonus Payment will be received by the City until such
proportionality has been achieved by the issuance of occupancy permits for
the Affordable Housing Units in the Project.
§ 350-20.7. Housing and housing affordability.
B. Open space and recreational uses.
C. Accessory uses customarily incidental to any of the above permitted
uses.
D. Single-family, multifamily, townhouse, additional uses as detailed in
§§ 350-20.18 and 350-20.19 below.
A. Affirmative Fair Housing Marketing Plan (AFHMP). Prior to granting
Plan Approval for housing within the SG District, an applicant for such
approval must submit a narrative document and marketing plan that
establishes that the proposed development of housing is appropriate for
diverse populations, including individuals, households with children,
households including individuals with disabilities, and the elderly.
These documents in combination, to be submitted with an application
for Plan Approval pursuant to § 350-20.12, below, shall include details
about construction related to the provision, within the development, of
units that are accessible to the disabled. Unless approved otherwise in
writing by DHCD, such AFHMP must comply with DHCD's Affirmative
Fair Housing Marketing and Resident Selection Plan Guideline.
[Amended 6-1-2017 by Ord. No. 17.250]
B. Number of Affordable Housing units. Not less than 20% of housing units
constructed in a Project shall be Affordable Housing. For purposes of
calculating the number of units of Affordable Housing required within
the SG District, any fractional unit shall be deemed to constitute a
whole unit.
C. Requirements. Affordable Housing shall comply with the following
requirements:[Amended 6-1-2017 by Ord. No. 17.250]
§ 350-20.5 ZONING § 350-20.7
350:141
(1) For an Affordable Rental Unit, the monthly rent payment, including
utilities and parking, shall not exceed 30% of the maximum
monthly income permissible for an Eligible Household, assuming a
household size equal to the number of bedrooms in the unit plus
one, unless other affordable program rent limits approved by
DHCD shall apply.
(2) For an Affordable Homeownership Unit the monthly housing
payment, including mortgage principal and interest, private
mortgage insurance, property taxes, condominium and/or
homeowners' association fees, insurance, and parking, shall not
exceed 30% of the maximum monthly income permissible for an
Eligible Household, assuming a household size equal to the number
of bedrooms in the unit plus one, unless other affordable
homeownership program limits approved by DHCD shall apply.
(3) Affordable Housing required to be offered for rent or sale shall be
rented or sold to and occupied only by Eligible Households.
D. Design and construction. Units of Affordable Housing shall be finished
housing units. Units of Affordable Housing in a Project shall be
dispersed proportionately throughout the development of which they
are part, across all unit types, and be comparable in initial construction
quality and exterior design to other housing units in the development.
The total number of bedrooms in the Affordable Housing shall, insofar
as practicable, be proportionate to the total number of bedrooms in all
units in the development of which the Affordable Housing is part.
[Amended 6-1-2017 by Ord. No. 17.250]
E. Affordable Housing Restriction. Each unit of Affordable Housing shall
be subject to an Affordable Housing Restriction, consistent with the
universal deed rider used in the Local Initiative Program, 760 CMR
45.00, which is recorded with the appropriate registry of deeds or
district registry of the Land Court and which contains the following:
(1) Specification of the term of the affordable housing restriction
which shall be no less than 30 years, but which may, as a
requirement of Plan Approval, be for a longer period of time
customarily allowed by law, unless such an extension would make
the development infeasible.
(2) The name and address of an administering agency, with a
designation of its power to monitor and enforce the Affordable
Housing Restriction.
(3) A description of the Affordable Homeownership Unit, if any, by
address and number of bedrooms; and a description of the overall
quantity and number of bedrooms and number of bedroom types of
Affordable Rental Units in a Project or portion of a Project which
are rental. Such restriction shall apply individually to the
specifically identified Affordable Homeownership Unit and shall
§ 350-20.7 NORTHAMPTON CODE § 350-20.7
350:142
apply to a percentage of rental units of a rental Project without
specific unit identification.
(4) Reference to a housing marketing and resident selection plan, to
which the Affordable Housing is subject, and which includes an
affirmative fair housing marketing program, including public notice
and a fair resident selection process. The housing marketing and
selection plan may provide for local preferences in resident
selection to the extent consistent with applicable law for the
Affordable Housing Units; the plan shall designate the household
size appropriate for a unit with respect to bedroom size and provide
that the preference for such unit shall be given to a household of
the appropriate size.
(5) A requirement that buyers or tenants will be selected at the initial
sale or initial rental and upon all subsequent sales and rentals from
a list of Eligible Households compiled in accordance with the
housing marketing and selection plan.
(6) Reference to the formula pursuant to which the maximum rent of a
rental unit or the maximum resale price of a homeownership will be
set.
(7) Designation of the priority of the Affordable Housing Restriction
over other mortgages and restrictions.
(8) A requirement that only an Eligible Household may reside in
Affordable Housing and that notice of any lease or sublease of any
unit of Affordable Housing shall be given to the administering
agency.
(9) Provision for effective monitoring and enforcement of the terms
and provisions of the Affordable Housing Restriction by the
administering agency.
(10)Provision that the restriction on an Affordable Homeownership
Unit shall run in favor of the administering agency and the
municipality in a form approved by municipal counsel, and shall
limit initial sale and resale to and occupancy by an Eligible
Household.
(11)Provision that the restriction on Affordable Rental Units in a rental
project or rental portion of a Project shall run with the rental
Project or rental portion of a Project and shall run in favor of the
administering agency and the municipality, in a form approved by
municipal counsel, and shall limit rental and occupancy to an
Eligible Household.
(12)Provision that the owner(s) or manager(s) of an Affordable Rental
Unit(s) shall file an annual report to the administering agency, in a
form specified by that agency, certifying compliance with the
affordability provisions of this § 350-20 and containing such other
§ 350-20.7 ZONING § 350-20.7
350:143
information as may be reasonably requested in order to ensure
affordability.
(13)A requirement that residents in Affordable Housing provide such
information as the administering agency may reasonably request in
order to ensure affordability.
F. Administering agency. An administering agency, which may be the
Northampton Housing Authority, or other qualified housing entity (the
"administering agency") shall be designated by the PAA as the
administering agency for all Projects in the SG District. In a case where
the administering agency cannot adequately carry out its
administrative duties, upon certification of this fact by the PAA or by
DHCD, such duties shall devolve to and thereafter be administered by a
qualified housing entity designated by the PAA or, in the absence of
such timely designation, by an entity designated by the DHCD. In any
event, such administering agency shall ensure the following both prior
to issuance of a certificate of occupancy for a Project within the SG
District and on a continuing basis thereafter, as the case may be:
(1) Prices of Affordable Homeownership Units are properly computed;
rental amounts of Affordable Rental Units are properly computed.
(2) Income eligibility of households applying for Affordable Housing is
properly and reliably determined.
(3) The housing marketing and resident selection plan conforms to all
requirements and is properly administered.
(4) Sales and rentals are made to Eligible Households chosen in
accordance with the housing marketing and resident selection
plan, with appropriate unit size for each household being properly
determined and proper preference being given.
(5) Affordable Housing Restrictions meeting the requirements of this
section are recorded with the proper registry of deeds.
G. Housing marketing and selection plan. The housing marketing and
selection plan shall make provision for payment, by an applicant, of
reasonable costs to monitor and enforce compliance with affordability
requirements and to develop, advertise and maintain the list of Eligible
Households. An applicant may serve as its own administering agency
only with the written authorization of DHCD.
H. Age restrictions. The SG District shall not include the imposition of
restrictions on age upon the entire district, but the development of
specific Projects within the district may be exclusively for the elderly,
persons with disabilities, or for assisted living, provided that any such
Project shall be in compliance with all applicable fair housing laws and
not less than 25% of the housing units in such a restricted Project shall
be restricted as Affordable Housing. All Projects which include age-
§ 350-20.7 NORTHAMPTON CODE § 350-20.7
350:144
§ 350-20.8. Density. [Amended 6-1-2017 by Ord. No. 17.250]
Density shall be as described within each SG District below.
§ 350-20.9. Parking requirements. [Amended 6-1-2017 by Ord. No.
17.250]
Parking requirements for the units built in accordance with § 350-20.19
below shall be: one space per 1,000 square feet of gross floor area, up to
two spaces maximum required per unit. There are no minimum parking
requirements for units created in § 350-20.18 below.
§ 350-20.10. Signs.
Signs shall conform with the requirements of § 350-7, effective as of
December 1, 2006; provided, however, §§ 350-7.2C(3), (4), (5) and (6) shall
not apply, and § 350-7.2Q shall not apply in the SG District to any sign
advocating any candidacy or cause which is under consideration at a
particular election.
§ 350-20.11. Design standards. [Amended 6-1-2017 by Ord. No.
17.250]
The PAA must find that the design criteria specified for specific overlay
districts below (§§ 350-20.18 and 350-20.19) are met before granting Plan
Approval in the SG District:
§ 350-20.12. Application for plan approval.
Application for Plan Approval, or any phase thereof, shall be made to the
City Clerk and the PAA on forms provided for that purpose, accompanied
by the required fee. The PAA may adopt specific rules governing paper and
electronic application and the number of copies. Such rules and regulations
shall not take effect until approved by the Department of Housing and
Community Development and filed with the City Clerk. The application for
Plan Approval shall be accompanied by a site plan, drawings and supporting
documentation, in a form specified by the PAA's rules and regulations,
which shall show, among other data, the following. Plans submitted shall be
prepared (and stamped) by a registered architect, landscape architect, or
restricted residential units shall comply with applicable federal, state
and local fair housing laws and regulations.
I. Computation. Prior to the granting of any Plan Approval of a Project,
the applicant must demonstrate, to the satisfaction of the administering
agency, that the method by which such affordable rents or affordable
purchase prices are computed shall be consistent with state or federal
guidelines for affordability applicable to Northampton.
J. No waiver. Notwithstanding anything to the contrary herein, the
Affordability provisions in this § 350-20.7 shall not be waived.
§ 350-20.7 ZONING § 350-20.12
350:145
professional engineer. Upon written request, the PAA may, at its discretion,
waive the submission by the applicant of any of the required information,
provided the applicant provides some written information on each of the
items below and explains why a waiver is appropriate.
A. Locus plan;
B. Site plan(s) at a scale of one inch equals 40 feet (or greater) showing
the following:
(1) Name and address of the owner and the developer, name of the
Project, and date and scale of plans.
(2) The location and boundaries of the lot, adjacent streets or ways, the
location and owners' names of all adjacent properties and those
within 300 feet of the property line, and all zoning district
boundaries.
(3) Existing and proposed structures, including setbacks from property
lines, structure elevations, and all exterior entrances and exits.
Elevation plans of all exterior facades of proposed structures are
required for towers and strongly encouraged for other structures.
(4) Present and proposed use of the land and buildings.
(5) Existing and proposed topography at two-foot contour intervals,
showing wetlands, streams, surface water bodies, drainage swales,
floodplains, and unique natural land features (For intermediate
projects, the permit granting authority may accept generalized
topography instead of requiring contour lines.).
(6) Location of parking and loading areas, public and private ways,
driveways, walkways, access and egress points, including proposed
surfacing.
(7) Location and description of all stormwater drainage facilities
(including stormwater detention facilities, water quality structures,
drainage calculations where applicable, and drainage easements),
public and private utilities, sewage disposal facilities, and water
supply.
(8) Existing and proposed landscaping, including trees and other
plantings (including the size and type of plantings), stone walls,
buffers, screening, and fencing.
(9) Location, dimensions, height, color, and illumination of existing and
proposed signs.
(10)Provisions for refuse removal, with facilities for screening of refuse
when appropriate.
(11)An erosion control plan and any other measures taken to protect
natural resources and water supplies.
§ 350-20.12 NORTHAMPTON CODE § 350-20.12
350:146
(12)A photometric plan.
C. Estimated daily and peak-hour vehicle trips generated by the proposed
use, traffic patterns for vehicles and pedestrians showing adequate
access to and from the site, and adequate vehicular and pedestrian
circulation within the site. For nonresidential and mixed-use Projects,
at the request of the PAA, an applicant shall prepare a traffic impact
statement including the following information:
(1) Traffic flow patterns at the site, including entrances and egresses,
loading and unloading areas, and curb cuts on site and within 100
feet of the site.
(2) A plan to minimize traffic safety impacts of the proposed project
through such means as physical design and layout concepts,
staggered employee work schedules, promoting use of public
transit or van or car-pooling, or other appropriate means. For new
commercial, office, and industrial buildings or uses over 10,000
square feet, this plan shall evaluate alternative mitigation methods
to reduce traffic by 35%, including:
(a) Public transit, van and car-pool incentive programs, including
parking facilities and weather-protected transit shelters;
(b) Encouraging flexible hours and work weeks;
(c) Encouraging pedestrian and bicycle access to the site; and
(d) Provision of integrated land uses, including on-site services,
retail, and housing.
(3) A detailed assessment of the traffic safety impacts of the proposed
Project or use on the carrying capacity of any adjacent highway or
road, including the projected number of motor vehicle trips to enter
or depart from the site for daily-hour and peak-hour traffic levels,
road capacities, and impacts on intersections. Said assessment may
be based on the proposed mitigation (in the plan required by
Subsection B above).
(4) An interior traffic and pedestrian circulation plan designed to
minimize conflicts and safety problems.
(5) Adequate pedestrian access, including provisions for sidewalks to
provide access to adjacent properties and between individual
businesses within a development.
D. Evidence that the Project complies with the cost and eligibility
requirements of § 350-20.7C.
E. Project plans that demonstrate compliance with the design and
construction requirements of § 350-20.7D.
§ 350-20.12 ZONING § 350-20.12
350:147
§ 350-20.13. Procedure.
§ 350-20.14. Decision.
F. A form of Affordable Housing Restriction that satisfies the requirements
of § 350-20.7E.
G. Other information as may be necessary to determine compliance with
the provisions of the SG District.
A. Filing. An applicant for Plan Approval shall file the required number of
copies of the application form and the other required submittals as set
forth above and also file forthwith a copy of the application form,
including the date of filing with the City Clerk.
B. Hearing. The PAA shall hold a public hearing for which notice has been
given as provided in MGL c. 40A, § 11. The decision of the PAA shall be
made, and a written notice of the decision filed with the City Clerk,
within 120 days of the receipt of the application by the City Clerk. The
required time limits for such action may be extended by written
agreement between the applicant and the PAA, with a copy of such
agreement being filed in the office of the City Clerk. Failure of the PAA
to take action within said 120 days or extended time, if applicable, shall
be deemed to be an approval of the application and site plan.
C. Peer review. The applicant shall be required to pay for reasonable
consulting fees to provide peer review of the Plan Approval application,
pursuant to MGL c. 40R, § 11. Such fees shall be held by the City in a
separate account and used only for expenses associated with the review
of the application by outside consultants, including, but not limited to,
attorneys, engineers, urban designers, architects, housing consultants,
planners, and others. Any surplus remaining after the completion of
such review, including any interest accrued, shall be returned to the
applicant.
A. Waivers. Upon the request of the applicant, the Plan Approval Authority
may waive dimensional and other requirements of § 350-20, including
the design standards of § 350-20.11, in the interests of design flexibility
and overall project quality, and upon a finding of consistency of such
variation with the overall purpose and objectives of the SG District, or if
it finds that such waiver will allow the Project to achieve the density,
Affordability, mix of uses, and/or physical character allowable under
this § 350-20.
B. Plan Review. An application for Plan Approval shall be reviewed for
consistency with the purpose and intent of this § 350-20, and such Plan
Review and shall be construed as an as-of-right review and approval
process as required by and in accordance with the Enabling Laws.
C. Plan Approval. Plan Approval shall be granted, subject to reasonable
conditions, where the PAA finds by majority vote that:
§ 350-20.12 NORTHAMPTON CODE § 350-20.14
350:148
§ 350-20.15. Change in plan after approval by PAA.
(1) The applicant has submitted the required fees and information as
set forth in the PAA regulations; and
(2) The Project and site plan meet the requirements and standards set
forth in this § 350-20, or a waiver has been granted therefrom; and
(3) Extraordinary adverse potential impacts of the Project on nearby
properties have been adequately mitigated.
D. Plan disapproval. A site plan may be disapproved only where the PAA
finds that:
(1) The applicant has not submitted the required fees and information
as set forth in the PAA regulations; or
(2) The Project and site plan do not meet the requirements and
standards set forth in this § 350-20, nor has a waiver been granted
therefrom; or
(3) It is not possible to adequately mitigate significant adverse Project
impacts on nearby properties by means of suitable conditions.
E. Form of decision. The PAA shall issue to the applicant a copy of its
decision, containing the name and address of the owner, identifying the
land affected, and the plans that were the subject of the decision, and
certifying that a copy of the decision has been filed with the City Clerk
and that all plans referred to in the decision are on file with the PAA. If
20 days have elapsed after the decision has been filed in the office of
the City Clerk without an appeal having been filed or if such appeal,
having been filed, is dismissed or denied, the City Clerk shall so certify
on a copy of the decision. If the application is approved by reason of the
failure of the PAA to timely act, the City Clerk shall make such
certification on a copy of the application. A copy of the decision or
application bearing such certification shall be recorded in the registry
of deeds for the county and district in which the land is located and
indexed in the grantor index under the name of the owner of record or
recorded and noted on the owner's certificate of title. The fee for
recording or registering shall be paid by the applicant.
A. Minor change. After Plan Approval, an applicant may be apply to make
minor changes involving minor utility or building orientation
adjustments, or minor adjustments to parking or other site details that
do not affect the overall buildout or building envelope of the site, or
provision of open space, number of housing units, or housing need or
affordability features. Such minor changes must be submitted to the
PAA on redlined prints of the approved plan, reflecting the proposed
change, and on application forms provided by the PAA. The PAA may
authorize such changes at any regularly scheduled meeting, without
the need for holding a public hearing. The PAA shall set forth any
decision to approve or deny such minor change by motion and written
§ 350-20.14 ZONING § 350-20.15
350:149
§ 350-20.16. Enforcement; appeals.
The provisions of the SG District shall be administered by the Building
Commissioner, except as otherwise provided herein. Any appeal arising out
of action by the PAA regarding an application for Plan Approval hall be
governed by the applicable provisions of MGL c. 40R. Any other request for
enforcement or appeal arising under this section shall be governed by the
applicable provisions of MGL c. 40A.
§ 350-20.17. Severability.
If any provision of this § 350-20 is found to be invalid by a court of
competent jurisdiction, the remainder of § 350-20 shall remain in full force.
The invalidity of any provision of this § 350-20 shall not affect the validity of
the remainder of the City's Zoning Ordinance.
§ 350-20.18. Village Hill Sustainable Growth Overlay District.
[Added 6-1-2017 by Ord. No. 17.250]
The Village Hill Sustainable Growth Overlay District is an area as shown on
the map having an area of approximately 30 acres.
decision, and provide a copy to the applicant for filing with the City
Clerk.
B. Major change. Those changes deemed by the PAA to constitute a major
change because of the nature of the change in relation to the prior
approved plan, or because such change cannot be appropriately
characterized as a minor change as described above, shall be processed
by the PAA as a new application for Plan Approval pursuant to this
§ 350-20.
A. Permitted uses; location of subdistricts.
(1) There are hereby established three subdistricts within the Village
Hill SG District with uses allowed as follows:
(a) Subdistrict A: single-family development.
(b) Subdistrict B: multifamily development, townhouse
development, mixed-use development, with a total of 60,000
square feet of office use; provided, however, that at least 7,000
square feet of nonresidential use shall be situated under
dwelling units.
(c) Subdistrict C: multifamily development, townhouse
development, single-family development.
(2) The location of these subdistricts is shown on the SG District Map.
B. Density.
§ 350-20.15 NORTHAMPTON CODE § 350-20.18
350:150
§ 350-20.19. Urban Residential Sustainable Growth Overlay
District. [Added 6-1-2017 by Ord. No. 17.250]
The Urban Residential Sustainable Growth Overlay is shown on the map and
contains approximately half an acre.
(1) Subdistrict A: In Subdistrict A, development shall be permitted at a
density of up to eight units per acre.
(2) Subdistricts B and C: In Subdistricts B and C, development shall be
permitted at a density of up to 21 units per acre.
C. Design.
(1) Landscaping. New buildings, parking, lighting, and other
improvements in the District shall be designed and maintained to
minimize the visual intrusion to the surrounding area and to
preserve and enhance the existing campus layout or be designed to
create a new compact and coherent village or campus center
appearance. The PAA shall find that this criterion is met if:
(a) Construction shall cause no more than minimal disturbance of
existing ridgelines and hilltops and will, to the extent possible,
preserve existing specimen trees.
(b) All permanent mechanical equipment is screened from public
view and from views from surrounding properties and ways.
(c) Generally, buildings are a minimum of two stories in height.
(2) Accessibility. Development shall be designed to ensure access to
surrounding parcels in the PV District and to the surrounding open
space.
(3) Required design. The Project shall comply with the site plan Design
Guidelines for Village Hill.
A. Permitted uses: single-family, multifamily development, townhouse
development.
B. Density: allows density of 20 or more units per acre.
C. Design: Any multifamily or townhouse project creating seven or more
units in one or more phases within a five-year period shall comply with
the following:
§ 350-20.18 ZONING § 350-20.19
350:151
Front doors must face the street.
For units extending behind front
units, where entries orient to the
side lot, 20-foot side setback shall
apply unless other means to create
a buffer/private outdoor space to
adjoining property are approved
by the PAA.
Buildings must have a covered
entry.
Parking for more than 5 cars shall
be distributed on the site to
minimize impact to the
neighborhood character, which
shall be accomplished by small
groupings of spaces surrounded by
landscaping or parallel parking
along a narrow driveway to mimic
an alley. Driveways wider than 15
feet shall be visually buffered from
side lot lines through setbacks or
screening to adequately block car
headlights. These standards shall
apply unless the Board finds that
an alternative means to
accomplish results is designed.
(1) Buildings and parking.
(a) The first row of buildings along a street shall face the street
and add to the streetscape. There shall not be any parking,
except incidental to a driveway or roadway, between the first
row of buildings and the street. Parking shall be located behind
buildings or designed otherwise to minimize view from the
public street.
(b) The area between the property and the road pavement shall be
made to be pedestrian-friendly, with sidewalks, street
furniture, trees and other vegetation and approved by the PAA.
All landscaping incorporated as part of the applicant's design
between the street and the building(s) shall facilitate and
enhance the pedestrian use of sidewalks and other areas
§ 350-20.19 NORTHAMPTON CODE § 350-20.19
350:152
adjacent to the building. Such streetscape may include
rebuilding by the applicant, as necessary, of granite curbs,
ADA-compliant concrete sidewalks, tree belts, and drainage
improvements incorporating low-impact development
standards for any necessary drainage improvements triggered
by these changes.
(c) Buildings that abut existing residential properties shall
incorporate building articulation alongside facades. Building
projections shall be incorporated for any side facade that is
longer than 30 feet.
(d) Front facades shall have setbacks consistent with other
buildings within the block or provide a different setback that is
necessary to address any natural resources constraints, such
as wetlands or topography.
(2) Streets and roadways.
(a) Projects shall connect to all surrounding neighborhoods with
bicycle and pedestrian access to the extent possible.
[1] For projects that have more than one vehicular access,
driveways and roadways shall internally and externally
connect to each other and dead-end streets shall be
avoided whenever possible. Dead-end roadways and
driveways shall never exceed 500 feet and, to the extent
possible, must include a bicycle and pedestrian connection
from the dead-end street to a street, common area, park or
civic space.
[2] For projects that have a single vehicular access, such
access shall not exceed 500 feet and pedestrian access
shall also be provided directly from any street to
residential units.
(b) The design standards for the length of dead-end streets,
protection of natural features, sidewalks, wheelchair ramps,
landscaping, utilities, and the construction method and
materials for water lines, sanitary sewers, storm sewers, fire
protection, sidewalks, private roads and other infrastructure
shall be those set forth in Chapter 290, Subdivision of Land.
These standards shall apply even for private roadways and
driveways that are not part of a subdivision, unless waived by
the PAA.
(c) Driveways and private roadways shall be designed to function
as private alleys, or shared streets with pedestrians and
cyclists, and engineered to keep speeds below 15 miles per
hour, or yield streets with separate sidewalks. Such sidewalks
shall connect to sidewalks along adjacent streets.
§ 350-20.19 ZONING § 350-20.19
350:153
(d) Vehicular access shall connect to surrounding streets as
appropriate to ensure safe and efficient flow of traffic within
the surrounding neighborhood and to mitigate increases in
traffic on nearby streets.
(e) Preexisting paths historically used as bicycle and pedestrian
trails shall be preserved to the extent possible and marked
with appropriate signage.
(f) The PAA must find that:
[1] The requested use will promote the convenience and
safety of vehicular and pedestrian movement within the
site and on adjacent streets, cycle tracks and bike paths,
minimize traffic impacts on the streets and roads in the
area. If applicable, this shall include considering the
location of driveway openings in relation to traffic and
adjacent streets, cross-access easements to abutting
parcels, access by public safety vehicles, the arrangement
of parking and loading spaces, connections to existing
transit or likely future transit routes, and provisions for
persons with disabilities; and the PAA may allow reduced
parking requirements.
[2] The project, including any concurrent road improvements,
will not decrease the level of service (LOS) of all area City
and state roads or intersections affected by the project
below the existing conditions when the project is proposed
and shall consider the incremental nature of development
and cumulative impacts on the LOS. The project proponent
must demonstrate that all cumulative and incremental
traffic impacts have been mitigated. If those impacts are
not mitigated, the PAA shall require in-lieu-of payments to
fund a project's proportional share of necessary
improvements to mitigate off-site traffic impacts, including
provision of public transit and pedestrian or bicycle paths,
in lieu of requiring off-site improvements. All in-lieu-of
payments will be expended with the approval of the Mayor
and City Council only after first being introduced for
recommendation to the Transportation and Parking
Commission, consistent with PAA conditions. In-lieu-of
traffic mitigation payment shall be assessed by the PAA
after a fact-based analysis of a specific project but shall
not exceed that shown below. Past experience has been
that mitigation of all traffic impacts would be higher than
the maximum amount allowed and so many projects are
assessed the maximum allowed by the table. The PAA may
exempt residential projects whose traffic impacts are not
greater than if they were developed as an as-of-right
development without PAA approval.
§ 350-20.19 NORTHAMPTON CODE § 350-20.19
350:154
[a] In-lieu-of payments shall be based on peak-hour trips.
Peak trips are the number of one-way trips into or out
of the project during the project's peak traffic
demand, typically but not always weekday afternoon
"rush hour." Peak-hour trips are calculated based on
$1,000 per peak trip generated or, if (and only if) this
does not address a project, the Institute of Traffic
Engineers' (ITE) trip generation data. The PAA retains
the ability to use alternative calculations if clear
evidence to the contrary is provided (for example,
considering lower traffic generation from pass-by
trips, late-night shift changes, and mixed-use
projects).
[3] Access by nonmotorized means must be accommodated
with facilities such as bike racks, sidewalk connections
from the building to the street, cycle tracks, and bike paths
that are clearly delineated through materials and/or
markings to distinguish the vehicular route from the
nonvehicular route.
(3) Park space.
(a) All projects shall include a park/common area fully designed
and constructed to be integrated into the project, which area
shall be easily accessible and available for residents of the
project. At a minimum, this space shall be 300 square feet or
30 square feet per dwelling unit of buildable land area,
whichever is greater.
(b) All such space shall be contiguous unless waived by the PAA
upon finding that it is in the public interest and consistent with
the intent and purpose of this section.
(4) Environment and energy. Buildings shall meet one of the following
environmental standards:
(a) Home Energy Rating System (HERS) rating no greater than 47
for units of 1,200 square feet or less, and no greater than 41
for units larger than 1,200 square feet. Alternatively, for units
of 1,200 square feet or less, the PAA may consider a
comparable energy standard to the HERS rating of 47 after
consultation with the Building Commissioner.
(b) U.S. Green Building Council LEED New Construction Gold or
Neighborhood Development Gold Certified.
(5) Equal access. All projects shall provide equal access to all building
amenities, park and civic space and public entrances to buildings to
residents of both affordable and nonaffordable units.
§ 350-20.19 ZONING § 350-20.19
350:155
(6) Internet connectivity. All projects that include infrastructure
making internet connectivity available shall do so without
differences in quality, capacity or speed to residents of both
affordable and nonaffordable units.
(7) The site will function harmoniously in relation to other structures
and open spaces to the natural landscape, existing buildings and
other community assets in the area as it relates to landscaping,
drainage, sight lines, building orientation, massing, egress, and
setbacks. Rear and/or side wall facades within 50 feet of a
completed or planned section of a cycle track or bike path shall
have features that invite pedestrian access from that side of the
building.
(8) The requested use will not overload, and will mitigate adverse
impacts on, the City's resources, including the effect on the City's
water supply and distribution system, sanitary and storm sewage
collection and treatment systems, fire protection, streets and
schools. The construction materials and methods for water lines,
sanitary sewers, storm sewers, fire protection, sidewalks, private
roads, and other infrastructure shall be those set forth in the
Northampton Subdivision Regulations unless the PAA finds that a
different standard is more appropriate. Major projects that do not
trigger separate stormwater permitting shall have conditions that
stipulate when inspections shall be completed and submitted to the
City. Annual reports, as necessary, depending on the stormwater
management system, shall be submitted to the City.
(9) Compliance with the following technical performance standards:
(a) Curb cuts onto streets shall be minimized. More than one curb
cut shall be permitted only when necessary to minimize traffic
and safety impacts.
(b) Pedestrian, bicycle and vehicular traffic movement on site
must be separated, to the extent possible, and sidewalks must
be provided between businesses within a development and
from public sidewalks, cycle tracks and bike paths.
[1] All internal and external sidewalks will be constructed of
cement concrete. Sidewalks will be at least five feet in
width.
[2] If gratings are located in walking surfaces, then they shall
have spaces no greater than 1/2 inch wide in one direction.
If gratings have elongated openings, then they shall be
placed so that the long dimension is perpendicular to the
dominant direction of travel.
[3] Ramps allowing access to the sidewalk and street by
variously abled persons shall be required at the corner or
within the curb area immediately adjacent to the sidewalk.
§ 350-20.19 NORTHAMPTON CODE § 350-20.19
350:156
[4] For any new driveway, the portion of the driveway that
crosses the sidewalk shall conform to the sidewalk
requirements set forth herein, regardless of whether there
is a sidewalk improvement extending along the balance of
the frontage property, with sidewalks constructed with
extra depth to withstand cars.
[5] The sidewalk cross slope of 1:50 should be maintained
across the entire driveway. The driveway apron should be
located in the tree belt between the pedestrian way and
the roadway.
[6] Curb extensions may be used at any corner location, or at
any mid-block location where there is a marked crosswalk,
provided there is a parking lane into which the curb may
be extended. They may include transit stops. Curb
extensions must be designed so as not to impede bicycle
traffic. Curbs may be extended into one or both streets at a
corner. No obstructions or private use should occur in the
curb extension.
(c) Major projects over 5,000 sf, must have no increase in peak
flows from the one- or two- and ten-year Soil Conservation
Service design storm from predevelopment conditions (the
condition at the time a site plan approval is requested). Green
infrastructure and low-impact design shall be incorporated to
the extent feasible to ensure runoff is handled on site. At the
very minimum, the runoff from up to a one-inch rain storm
(first flush) shall be detained on site for an average of six
hours. These requirements shall not apply if the project will
discharge into a City storm drain system that the PAA finds can
accommodate the expected discharge with no adverse impacts.
In addition, catch basins shall incorporate sumps of a minimum
of four feet and, if they will remain privately owned, a gas trap.
§ 350-20.19 ZONING § 350-20.19
350:157
ZONING
350 Attachment 1
City of Northampton
List of Zoning Attachments
The following documents are included as attachments to this chapter. Space has been reserved
in order to include future district regulations.
350b Table of Use Regulations (Attachment 2)
350c Table of Dimensional and Density Regulations (Attachment 3)
350d Table of Use and Dimensional Regulations: RR District (Attachment 4)
350e Table of Use and Dimensional Regulations: SR District (Attachment 5)
350f Table of Use and Dimensional Regulations: URA District (Attachment 6)
350g Table of Use and Dimensional Regulations: URB District (Attachment 7)
350h Table of Use and Dimensional Regulations: URC District (Attachment 8)
350i Table of Use and Dimensional Regulations: CB District (Attachment 9)
350j Table of Use and Dimensional Regulations: EB District (Attachment 10)
350k (Reserved for future use)
350l Table of Use and Dimensional Regulations: HB District (Attachment 12)
350l.1 HB District Design Standards (Attachment 12.1)
350m (Reserved for future use)
350n (Reserved for future use)
350o Table of Use and Dimensional Regulations: GI District (Attachment 15)
350p Table of Use and Dimensional Regulations: OI District (Attachment 16)
350q (Reserved for future use)
350r Table of Use and Dimensional Regulations: SC District (Attachment 18)
350s Table of Use and Dimensional Regulations: PV District (Attachment 19)
350t (Reserved for future use)
350u Table of Use and Dimensional Regulations: FFR District (Attachment 21)
350v (Reserved for future use)
350w (Reserved for future use)
350x Table of Use and Dimensional Regulations: WSP District (Attachment 24)
350y (Reserved for future use)
350z (Reserved for future use)
350 Attachment 1:1 12 - 01 - 2015
ZONING
350 Attachment 2
City of Northampton
Table of Use Regulations
Principal Use
Business Medical
GB NB M
Work in FEMA-mapped 100-year/500-year Floodplain (FP) Overlay District Only if use is otherwise allowed by zoning. See § 350-14.2
New commercial structures or substantial improvements in FP, meeting all requirements under the State Building Code, Wetlands
Protection Act, and city ordinances Site Site Site
Work in Water Supply Protection (WSP) Overlay District Only if use is otherwise allowed by zoning. See § 350-16.
Business/Industrial activities PB PB No
Any excavation within 3 feet of groundwater PB PB No
Impervious cover of more than 15% with a system for artificial recharge of precipitation PB PB No
Site alteration, structure or impervious surface within 200 feet of any watercourse (including intermittent) which are tributaries to
a public water supply PB PB No
Residential NOTE: Other types of affordable housing with a comprehensive permit from the Zoning Board of Appeals may be allowed in any zoning district.
One-family dwellings No PB No
Accessory apartment in single-family homes. See § 350-10.10.No A No
Detached accessory apartment for single-family home meeting same setback requirements as a new single-family home in that
district. See § 350-10.10.No ZBA No
Zero lot line development. See § 350-10.14.No No No
Two-family dwellings with a single front entrance and with both units sharing a party wall and/or floor/ceiling and not separated
by accessory features, such as an attached garage or breezeway. At least 75% of wall or floor/ceilings of the units facing each
other must be shared.
No PB No
Other two-family dwellings meeting all dimensional requirements for a newly created lot without grandfathering from any
dimensional standards No PB No
Three-family dwellings No A No
Multifamily dwellings not exceeding three stories No Site No
Multifamily dwellings exceeding three stories No PB No
Townhouses No PB No
Home occupations. See § 350-10.12.A A No
Home office. See § 350-10.12. A A No
Accessory structures and fences (ZBA approval or special conditions may be required for some structures. See §§ 350-6.7 and
350-6.8.)A A No
Key to Symbols
A Allowed by-right. All uses must be registered with the Building ZBA Allowed by Special Permit from Zoning Board of Appeals
Commissioner and comply with all codes. (Site Plan Approval is often CC Allowed by Special Permit from City Council
also required for uses above certain thresholds)Site Allowed with Site Plan Approval from Planning Board
PB Allowed by Special Permit from Planning Board No Not allowed
350 Attachment 2:1 Supp 11, Dec 2019
NORTHAMPTON CODE
Principal Use
Business Medical
GB NB M
Residential (cont’d)
Tag sale (as accessory use) for the purpose of disposing of used personal and household articles from the vendor’s residence on a
temporary basis A A A
Horses and animals as accessory uses in accordance with § 350-5.3 A A No
Flag lots. See § 350-6.13.No No No
Dormitories No PB No
Cluster residential development. See § 350-10.5.No No No
Assisted living residences. See also nursing home.No No No
Bed-and-breakfast No A No
Short-term rental3 A A
Lodging houses (Special permit for reduced parking. See § 350-8.2.)No PB No
Halfway houses No PB No
One-, two- and three-family homes and townhouses within the RI Overlay with a minimum of 33% of affordable units, in
accordance with § 350-10.11 No No No
Mixed residential/work space which conforms to all Building and Life Safety Codes and is located above the first floor (as
described in the definition) A A No
Mixed residential/retail service, commercial uses Service, commercial uses A1 A1 No
Residential development and cluster development using a transfer of development rights (TDR) obtained by a special permit from
the Farms, Forests and Rivers District No No No
Reuse of an historic educational or religious building for any residential use, live/work space or office4 No No No
Reuse of an historic educational or religious building for any residential use on the ground floor or any other commercial use not
otherwise allowed in the district1 Site Site No
NOTES:
1 In GB and NB Districts, all residential units, except for those in the NB District, must be located above the first floor. Uses may be mixed in the building and, above the first floor, within
each unit within a building. All uses normally permitted in these districts are allowed. A special permit is required if a special permit would otherwise be required for the use.
2 No more than 20% of the floor space of the building shall be used for medical, banking or any offices where a primary function is to provide services to retail customers or individuals;
and further provided that such use is within the footprint of the existing building. The existing building may be expanded to accommodate elevators and stairwells, provided that all
historically contributing portions of the building are retained and covered with an historic preservation restriction granted to the City of Northampton in a form acceptable to the Planning
Board, with input from the Historical Commission, as preserving the key character-defining features visible from the road (and not necessarily meeting federal or state preservation
standards for the entire building). Portions of the building that are not part of the original architecture of the building and which do not contribute to the historical or architectural
significance of the building as determined by the Planning Board, with input from the Historical Commission, may be demolished.
3 Short-term rentals must be registered with the City and are only valid for the year in which registration is completed and expires December 31 each year.
Key to Symbols
A Allowed by-right. All uses must be registered with the Building ZBA Allowed by Special Permit from Zoning Board of Appeals
Commissioner and comply with all codes. (Site Plan Approval is often CC Allowed by Special Permit from City Council
also required for uses above certain thresholds)Site Allowed with Site Plan Approval from Planning Board
PB Allowed by Special Permit from Planning Board No Not allowed
350 Attachment 2:2 Supp 11, Dec 2019
ZONING
Principal Use
Business Medical
GB NB M
Community and Recreational Facilities
Cemetery, including any crematory therein No No No
Community center A Site PB
Educational use which is religious, sectarian, denominational or public and other religious use “A” (allowed by-right “A” in EU
Overlay District), subject to applicable site plan approval A A A
Any other private school, college or university PB PB No
Day care, school-aged child-care program (MGL c. 28A, § 9) and family day care (with registration with Building Commissioner) A A A
Hospital No No A
Historical association or society and nonprofit museum (may include the residence of a caretaker)A A No
Membership club or health or athletic facility operated for profit A No No
Membership club operated as a not-for-profit corporation, as defined by MGL c. 180, excluding any adult establishments which
display live nudity A CC No
Outdoor commercial recreational use No No No
Temporary event or use with a temporary events permit from City Council, a license from the Parking Commission for short-term
temporary use of facilities under their jurisdiction, or a permit from the Board of Public Works for use of streets, sidewalks or
Pulaski Park, in accordance with the Northampton Code of Ordinances and any applicable regulations
A A A
NOTE:
1 Provided that such use is within the footprint of the existing building. The existing building may be expanded to accommodate elevators and stairwells, provided that all historically
contributing portions of the building are retained and covered with an historic preservation restriction granted to the City of Northampton in a form acceptable to the Planning Board, with
input from the Historical Commission, as preserving the key character-defining features visible from the road (and not necessarily meeting federal or state preservation standards for the
entire building). Portions of the building that are not part of the original architecture of the building and which do not contribute to the historical or architectural significance of the building
as determined by the Planning Board, with input from the Historical Commission, may be demolished.
Key to Symbols
A Allowed by-right. All uses must be registered with the Building ZBA Allowed by Special Permit from Zoning Board of Appeals
Commissioner and comply with all codes. (Site Plan Approval is often CC Allowed by Special Permit from City Council
also required for uses above certain thresholds)Site Allowed with Site Plan Approval from Planning Board
PB Allowed by Special Permit from Planning Board No Not allowed
350 Attachment 2:3 Supp 11, Dec 2019
NORTHAMPTON CODE
Principal Use
Business Medical
GB NB M
Agricultural Uses
Agriculture, horticulture, floriculture, noncommercial forestry, the growing of all vegetables and a temporary (not to exceed
erection or use for a period of four months in any one year) greenhouse or stand for retail sale of agricultural or farm products
raised primarily on the same premises
A A No
Year-round greenhouse or stand for wholesale and retail sale of agricultural or farm products A No No
Agricultural fair and/or exhibition grounds operated either for profit or not for profit, to promote agricultural activities, or
including, but not limited to, any of the following uses: entertainment, amusement, sports, recreation, racing, wagering including
“simulcasting” associated with approved race track activities, storage and handling of animals, judging, showing and auctioning
of animals, consumer trade shows, overnight camping related to authorized events or exhibitions. No other gaming/gambling
activities allowed.
No No No
Commercial stable or kennel in which all animals, fowl, or other forms of life are completely enclosed in pens or other structures.
See § 350-10.8 and exemptions MGL c. 40A No No No
Veterinary hospital in which all animals are kept inside permanent buildings A A No
Retail and Commercial Uses
Planned Village (see also § 350-10.15) consisting of the following uses, which are expressly allowed as part of a Planned Village
special permit even if the use is otherwise prohibited in the PV Zoning District:
1. Any type of residential uses and mixed residential uses, allowed in the Table of Use Regulations; provided, however, that the
gross floor area devoted to residential use shall not exceed 85% of the gross floor area of the commercial uses in the planned
village, as defined in Item 4 of this entry. (This cap shall no longer apply when the project reaches 400,000 square feet of
commercial uses in the PV Zoning District.)
2. Nursing homes, assisted living residence, and residential units above first floor commercial space (not subject to above cap)
3. The following community uses: religious or educational uses; nursery; kindergarten; day care; membership clubs (not for
profit and for profit); public recreation or open space; and municipal use
4. The following commercial uses: Business offices (as defined elsewhere in this table), research and development facilities, and
manufacturing; also retail uses and sit-down restaurants, not to exceed 5% of the gross floor area of the planned village. Also
miscellaneous professional offices (as defined elsewhere in the table), not to exceed 5% of the gross floor area of the Planned
Village
No No No
Key to Symbols
A Allowed by-right. All uses must be registered with the Building ZBA Allowed by Special Permit from Zoning Board of Appeals
Commissioner and comply with all codes. (Site Plan Approval is often CC Allowed by Special Permit from City Council
also required for uses above certain thresholds)Site Allowed with Site Plan Approval from Planning Board
PB Allowed by Special Permit from Planning Board No Not allowed
350 Attachment 2:4 Supp 11, Dec 2019
ZONING
Principal Use
Business Medical
GB NB M
Retail and Commercial Uses (cont’d)
Reuse of contributing structures in the National Register of Historic Places for any residential use or community facility listed in
this table, tradesman, business offices and services, miscellaneous professional offices, research and development facilities, and
manufacturing. Also for retail uses or restaurants, when the gross floor area in these uses does not exceed 10% of the gross floor
area of the building or complex of historical buildings being redeveloped under this section. For all uses under this table entry, the
Planning Board must find that the rehabilitation and reuse, and all future alterations, will be done in accordance with U.S.
Department of Interior Standards for Rehabilitating Historic Buildings, and in particular that, to the extent practicable, historically
significant exterior facades are preserved or restored and original rooflines are preserved.
No No No
Adult establishments, which display live or private booth nudity and adult establishments with adult material. See § 350-10.13.No No No
Artist’s space where artists create original and creative works (such as books, writings, paintings, sculptures, traditional and fine
crafts, creation or acting of films, creating of dance), but not performance or residential use, other than what is otherwise allowed
in the Table of Use Regulations.
A A A
Retail and personal services with a maximum floor area of:
A: Less than or equal to 10,000 square feet for any single establishment A A No
B: 10,000 – 90,000 square feet, single establishment (See §§ 350-6.2, 350-10.15, 350-11);1 or PB No No
C: Over 10,000 square feet (single or cumulative) with two or more stories and all parking in rear or side. (2nd+ floor may include
other permitted uses)1,2; or PB No No
D: Less than or equal to 10,000 square feet single establishment and less than or equal to 15,000 square feet of cumulative
development in a three-year period on the same parcel of land which has been in common or affiliated ownership within the
same three-year period; or
PB No No
E: Less than or equal to 10,000 square feet single establishment and over 15,000 square feet of cumulative development in a
three-year period on the same parcel of land or on land which has been in common or affiliated ownership within the same
three-year period1
PB No No
F. Over 90,000 square foot footprint for single establishment No No No
NOTES:
1 Applies to new projects and substantial improvements. (For the purposes of this section, exclude the value of improvements to repair or replacement of roofs, mechanical systems,
elevators, parking lots, or landscaping from calculations.)
2 Second story must be at least 50% of the footprint and must include the entire frontage.
Key to Symbols
A Allowed by-right. All uses must be registered with the Building ZBA Allowed by Special Permit from Zoning Board of Appeals
Commissioner and comply with all codes. (Site Plan Approval is often CC Allowed by Special Permit from City Council
also required for uses above certain thresholds)Site Allowed with Site Plan Approval from Planning Board
PB Allowed by Special Permit from Planning Board No Not allowed
350 Attachment 2:5 Supp 11, Dec 2019
NORTHAMPTON CODE
Principal Use
Business Medical
GB NB M
Retail and Commercial Uses (cont’d)
Automobiles: establishment selling, leasing, renting automobiles and/or used automobiles and trucks, new automobile tires and
other accessories, boats, motorcycles and household and camping trailers PB No No
Automotive repair (not junkyard) without gasoline sales Site Site No
Automotive service station (not junkyard) with or without convenience commercial PB PB No
Junk cars, motor vehicle accessories, scrap metal. See § 350-8.8L.PB PB PB
Business service and supply service establishments PB No No
Commercial parking lot or structure including a public garage A A No
Parking off site and combined parking. See §§ 350-8.5 and 350-8.7.PB PB PB
Parking lot access for nonresidential uses across a residential lot. See § 350-8.9.PB PB PB
Parking requirement reduction. See § 350-8.10F.PB PB PB
Fees in lieu of parking. See § 350-8.11.No No No
Filling of any land. See § 350-10.4.PB PB No
Filling of water or wet area. See § 350-10.3.PB PB No
Funeral establishment PB A No
Hotels/Motels PB No No
Movie picture and live theater, indoor, not including night club/dance hall or adult uses PB No No
Miniature golf course, temporary carnival No No No
Night club/dance hall PB No No
Pool or billiard hall, amusement arcade, bowling alley, teen center PB No No
Medical center including accessory medical research and associated facilities PB No PB
Miscellaneous professional and business offices and services including, but not limited to, medical, legal, and other professional
services and finance, banking, insurance and real estate offices A A No (PB)1
Business offices including such uses as corporate offices, bank offices, and insurance processing and any other office excluding
medical, banking and any offices where a primary function is to provide services to retail customers or individuals A A No
Nursing homes (any facility licensed/sanctioned by the state as a nursing home or skilled nursing center, but not assisted living
residences. See also assisted living residences.No No No
Repair service establishments PB No No
Restaurants and drinking places where consumption is primarily intended to be within the building A PB No
NOTE:
1 Medical and dental offices (only).
Key to Symbols
A Allowed by-right. All uses must be registered with the Building ZBA Allowed by Special Permit from Zoning Board of Appeals
Commissioner and comply with all codes. (Site Plan Approval is often CC Allowed by Special Permit from City Council
also required for uses above certain thresholds)Site Allowed with Site Plan Approval from Planning Board
PB Allowed by Special Permit from Planning Board No Not allowed
350 Attachment 2:6 Supp 11, Dec 2019
ZONING
Principal Use
Business Medical
GB NB M
Retail and Commercial Uses (cont’d)
Takeout restaurants or other establishments selling foods prepared on premises where consumption is primarily off the premises PB No No
Drive-in establishment No No No
Tradesman A PB No
Retail marijuana1 A No No
Medical marijuana Site No No
Any marijuana independent testing laboratory or other testing labs only when located below grade, above the first floor or behind
a street-front unit reserved for an allowed commercial use, which is at least 30 feet deep, or in a building that does not abut on a
public way maintained by the City
A No No
Utilities, Telecommunications, Municipal Facilities
Facilities for essential services A A A
Heavy public use. See § 350-10.7.CC CC No
Municipal facility A A No
Power plant No No No
Private utility, substation, or similar facility or building PB PB PB
Small-scale hydroelectric generation PB PB No
Telecommunications facilities (in accordance with §§ 350-2.1 and 350-10.9)PB PB PB
Telecommunication antennas which are located on existing telecommunications towers or other structures which do not require
the construction of a new tower (in accordance with § 350-10.9)Site Site Site
NOTE:
1 No establishment shall be located within 200 feet of a preexisting public or private school providing education in kindergarten or any of grades 1 through 12. Building facades and
property must be consistent with the character of the neighborhood, including such items as transparent storefront windows with a view into the interior of the building. Security measures
must appear from outside of the building to be consistent with the character of the neighborhood.
Key to Symbols
A Allowed by-right. All uses must be registered with the Building ZBA Allowed by Special Permit from Zoning Board of Appeals
Commissioner and comply with all codes. (Site Plan Approval is often CC Allowed by Special Permit from City Council
also required for uses above certain thresholds)Site Allowed with Site Plan Approval from Planning Board
PB Allowed by Special Permit from Planning Board No Not allowed
350 Attachment 2:7 Supp 11, Dec 2019
NORTHAMPTON CODE
Principal Use
Business Medical
GB NB M
Wholesale, Transportation and Industrial Uses
Airport, including aircraft sales No No No
Heliport PB No No
Bus passenger terminal and taxi facilities A No No
Construction supply establishments No No No
Contractor’s yard, open storage of raw materials, finished goods, or construction equipment and structures for storing such
equipment, provided that outside storage areas shall be screened from outside view No No No
Commercial motor vehicle maintenance, garaging and parking facilities (Outside parking shall be screened from the public view.) No No No
Manufacturing No No No
Accessory uses supporting manufacturing, motor freight and warehousing and wholesale trade and distribution on the same or
immediately adjoining lots as the principal use, including storage, offices, wholesale sales, employee-only recreation and eating
facilities, and retail sales, provided that not more than 10% of the gross floor area is devoted to sales and that sales are limited to
goods produced or distributed by the principal use
A No No
Motor freight terminal and warehousing associated with adjacent commercial and industrial uses No No No
Warehousing and storage not associated with adjacent commercial and industrial uses No No No
Planned business park No No No
Processing and treating of raw materials including operations appurtenant to the taking, such as grading, drying, sorting, crushing,
grinding and milling operations. See § 350-10.3.No No No
Removal of sand, gravel, quarry, or other raw material. See § 350-10.3.No No No
Private bridge, tunnel PB PB PB
Railroad passenger terminal A No No
Railroad yards and railway express service PB No No
Storage of a fluid other than water (as principal use)PB PB No
Acceptance, storage or disposal of radioactive waste, deregulated or otherwise, at any solid, liquid, or hazardous waste facility
(notwithstanding any provision of this chapter permitting sanitary landfills or waste disposal facilities), other than one established
by the Commonwealth of Massachusetts in accordance with MGL c. 111H
No No No
Research and development facilities PB PB No
Wholesale bakery, wholesale laundry, or dry-cleaning plant PB No No
Wholesale trade and distribution A No No
Key to Symbols
A Allowed by-right. All uses must be registered with the Building ZBA Allowed by Special Permit from Zoning Board of Appeals
Commissioner and comply with all codes. (Site Plan Approval is often CC Allowed by Special Permit from City Council
also required for uses above certain thresholds)Site Allowed with Site Plan Approval from Planning Board
PB Allowed by Special Permit from Planning Board No Not allowed
350 Attachment 2:8 Supp 11, Dec 2019
ZONING
350 Attachment 3
City of Northampton
Table of Dimensional and Density Regulations
Principal Use
Minimum Required Lot
Minimum Setback
(feet)
Maximum
Building
Height
(feet)
Minimum
Open Space
Area
(sq. ft.)
Frontage
(feet)
Depth
(feet) Front Side Rear
GB General Business Zoning District
Any use None None None 0 01 6 60 5%
Solar photovoltaic of any size, ground-mounted:
1. Over any legal parking lot or driveway;
2. At any landfill site not separate from the site-assigned property
by any road; and
3. At an airport not separated from the runways by any road
Same as setbacks for other accessory
buildings in the district
Accessory solar photovoltaic ground-mounted on a parcel with any
building or use, provided that the PV is sized to generate no more
than 200% of the annual projected electric use of the non-PV
building or use
50 50 50 Same as for
principal
building
In the General Business District, landscaping and pedestrian malls or plazas shall be constructed between the building and the front lot line, and no parking is permitted in this area. In the GB,
these mall and plaza areas qualify as open space.
NOTES:
1 See also § 350-6.5 (screening and buffers).
2 For retail uses above 10,000 square feet, the maximum setback is 55 feet within which no more than one row of parking is allowed. The Planning Board may issue a special permit to allow
existing buildings with 75 feet or greater setback to maintain a maximum setback of 75 feet within which no more than one row of parking and no more than 42 feet of asphalt may be
created if the Board determines that exceptional circumstances exist.
2(1) Minimum side and rear yard setbacks increase 10 feet for each story over three stories. (2) The setback from a private access road shall be measured from the outer edge of the
pavement of said road. (3) The Planning Board may reduce the minimum front yard setback requirement for townhouses to 10 feet to create a particular character in a development.
3 May be decreased with a special permit issued under §§ 350-15.7 and 350-15.9.
350 Attachment 3:1 01 - 01 - 2019
NORTHAMPTON CODE
Principal Use
Minimum Required Lot
Minimum Setback
(feet)
Maximum
Building
Height
(feet)
Minimum
Open Space
Area
(sq. ft.)
Frontage
(feet)
Depth
(feet) Front Side Rear
NB Neighborhood Business Zoning District
Municipal facilities None None None 10 6 6 25 20%
Mixed residential/retail/service and commercial 10,000 +
1,000 per
unit
80 100 10 6 6 35 20%
Tourist home/bed-and-breakfast and lodging house 10,000 +
1,000 per
unit
80 100 10 6 6 25 20%
Townhouse development 20,000 +
4,500 per
unit
100 100 202 152 202 40 40%
Townhouses in the development 2,000 20 60 202 152 202 40 N/A
Any use in a Water Supply Protection Overlay District (WSP-O).
See also § 350-15.
40,000 80 100 10 6 6 35 85%3
Solar photovoltaic of any size, ground-mounted:
1. Over any legal parking lot or driveway;
2. At any landfill site not separate from the site-assigned property
by any road; and
3. At an airport not separated from the runways by any road
Same as setbacks for other accessory
buildings in the district
Accessory solar photovoltaic ground-mounted on a parcel with any
building or use, provided that the PV is sized to generate no more
than 200% of the annual projected electric use of the non-PV
building or use
50 50 50 Same as for
principal
building
Any other use 10,000 80 100 10 6 6 25 20%
In the NB, the maximum gross floor area for any single business establishment is 10,000 square feet.
350 Attachment 3:2 01 - 01 - 2019
ZONING
Principal Use
Minimum Required Lot
Minimum Setback
(feet)
Maximum
Building
Height
(feet)
Minimum
Open Space
Area
(sq. ft.)
Frontage
(feet)
Depth
(feet) Front Side Rear
M Medical District – Hospital
Municipal facilities None None None 10 6 6 25 20%
Solar photovoltaic of any size, ground-mounted:
1. Over any legal parking lot or driveway;
2. At any landfill site not separate from the site-assigned property
by any road; and
3. At an airport not separated from the runways by any road
Same as setbacks for other accessory
buildings in the district
Accessory solar photovoltaic ground-mounted on a parcel with any
building or use, provided that the PV is sized to generate no more
than 200% of the annual projected electric use of the non-PV
building or use
50 50 50 Same as for
principal
building
Any use 200,000 300 140 151 20 100 551 30%1
NOTES:
1 In the Medical District, the following additional dimensional regulations apply: No parking is permitted in the minimum front yard setback. Building height may be increased by one foot for
each additional three feet of building setback over the minimum front yard setback, up to a maximum of 90 feet. Minimum landscaped area is 30%.
350 Attachment 3:3 01 - 01 - 2019
NORTHAMPTON CODE
Principal Use
Minimum Required Lot
Minimum Setback
(feet)
Maximum
Building
Height
(feet)
Minimum
Open Space
Area
(sq. ft.)
Frontage
(feet)
Depth
(feet) Front Side Rear
EU Educational Use Overlay Zoning District
Education use which is religious, sectarian, denominational or
public or other religious use
None2 None2 None2 None2 None2 None2 853 None2
Solar photovoltaic of any size, ground-mounted:
1. Over any legal parking lot or driveway;
2. At any landfill site not separate from the site-assigned property
by any road; and
3. At an airport not separated from the runways by any road
Same as setbacks for other accessory
buildings in the district
Accessory solar photovoltaic ground-mounted on a parcel with any
building or use, provided that the PV is sized to generate no more
than 200% of the annual projected electric use of the non-PV
building or use
50 50 50 Same as for
principal
building
NOTES:
2 These standards apply for projects or portions thereof that are at least 30 feet from the edge the EU overlay boundary and the edge of any street containing that boundary. In the area between
that thirty-foot line and the edge of the EU overlay, the dimensional requirements of the underlying district shall apply.
3 In the EU northwesterly of Paradise Road, generally the area between Paradise Road and Kensington Avenue, the maximum building height is 45 feet. Elsewhere in the EU, at the thirty-foot
line, the maximum building is 55 feet. Maximum building height shall increase from the thirty-foot line on a one-to-one slope for each foot in back of the line to a maximum of 85 feet.
350 Attachment 3:4 01 - 01 - 2019
ZONING
350 Attachment 4:1 Supp 11.5, Oct 2020
350 Attachment 4
City of Northampton
Table of Use and Dimensional Regulations
RR District
Description: Example Uses/Structures
Primarily low-density
residential and
agricultural land.
Pristine forested and
wildlife habitat where,
if developed,
conservation cluster
design is encouraged.
Area is within the
outermost portion of
the City. Mostly served
by private water and
sewer systems. Within
transect-based zoning,
RR is a T2 Rural zone.
Lot Dimension
Requirements Layout/Setbacks
Lot Size - Standard
40,000 ft.2 min.
(80,000 ft.2 if both private
water and private sewer)
Frontage/Width = 175 feet
min.
Depth = 200 feet min.
Setbacks [principal and
detached accessory
structures (det. acc.)]
Front = 40 feet min.
Side = 20 feet min.
(10 feet det. acc. structure)
Rear= 50 feet min.
(10 feet det. acc. structure)
Max. Height = 35 feet
(20 feet det. acc. structure)
Open Space = 80%
NORTHAMPTON CODE
350 Attachment 4:2 Supp 11.5, Oct 2020
Flag Lot Size
80,000 ft.2 min.
Frontage/Width = 50 feet
min.
Depth = 200 feet min.
Setbacks
Front = 80 feet min.
Side = 40 feet min.
(10 feet det. acc. structure)
Rear = 100 feet min.
(10 feet det. acc. structure)
Max. Height = 35 feet
Open Space = 85%
FLAG LOT LAYOUT
Design Standards Illustrated
Planning Board may waive, by site plan approval, element 2, if it can be shown that a different design meets a
pedestrian-scale design that encourages public/private transition and interface (e.g., similar elements facing internal
courtyards or private streets)
1. If a garage or other
parking structure is
attached, it shall
comprise no more than
30% of the front facade
of the primary
structure.
Minimum parking for
residential uses
For other uses see table
in § 350-8.2
1 space per 1,000 ft.2 gross living area (round up). No more than 2 spaces required per unit.
Front yard setback may only have parking for a maximum of 2 vehicles.
Max. 30% of
total combined
area of facades
Max 30% of total
combined area of
facades
Connector elements must be
set back & include glazed
openings that face the street
Living space
above
DOESN’T FIT
Max. 30% of
total combined
area of facades
Living space above
Exceeds 30% of total
combined area of facades
Garage or Parking Structure
Area
Primary Structure
ZONING
350 Attachment 4:3 Supp 11.5, Oct 2020
RR USES ALLOWED
Uses Allowed By Right:
• Single-family residence
• Attached (to a single-family) accessory dwelling unit not to exceed 900 ft.2 gross living area. See
§ 350-10.10. Same setback as for principal structures.
• Home business up to 25 visits per week as defined in § 350-2.1
• Preexisting nonconforming uses (may trigger ZBA permit)
• Accessory uses to residential:
Tag sales - temporary sales of personal and household articles
Pets/Animals (see § 350-5.3)
• Accessory structures - detached (but no larger than 1,000 ft.2 of lot coverage or 3% of lot area,
whichever is greater, unless it is used for agricultural purposes). See also § 350-6.7.
• Family day care (registration w/Building Commissioner required)
• Cemetery, including any crematory therein
• Temporary event as defined in § 350-2.1
• Agriculture, horticulture, floriculture, noncommercial forestry, the growing of all vegetables and a
temporary (not to exceed erection or use for a period of four months in any one year) greenhouse or
stand for retail sale of agricultural or farm products raised primarily on the same premises
• Rooftop solar hot water and photovoltaic
• Accessory solar photovoltaic (PV) ground-mounted on a parcel with any building/use, provided that
the PV is sized to generate no more than 200% of the annual projected electric use of the non-PV
building/use or 12 KW, whichever is greater. The setbacks for such a PV shall be the same as for
detached accessory structures as set forth in the table above.
• Essential facilities
• Municipal facility
• Short-term rental: allowed only upon annual registration with the City. Use as a registered rental is
only valid for the year in which registration is completed and expires December 31 each year.
Site Plan Approval Required for the Following:
• Any construction (other than for a single-family home) greater than 2,000 ft.2
• Detached accessory dwelling unit for single-family home meeting same setback requirements as a
single-family home. See § 350-10.10, Administrative site plan.
• Educational use: nonprofit, any religious use, day care, school-aged child-care program (MGL
c. 28A, § 9)
• Reuse of historic educational or religious building(s) for: any residential use, live/work space, or
office; provided, however, that no more than 20% of the floor space of the building(s) shall be used
for medical, banking or any offices where a primary function is to provide services to retail
customers or individuals. All such uses approved under this provision shall be within the footprint of
existing building(s) and may only be approved contingent upon protection of all historically
contributing portions of the building with an historic preservation restriction granted to the City of
Northampton in a form acceptable to the Planning Board, with input from the Historical
Commission, as preserving the key character-defining features visible from the road (and not
necessarily meeting federal or state preservation standards for the entire building). The existing
NORTHAMPTON CODE
350 Attachment 4:4 Supp 11.5, Oct 2020
building may be expanded to accommodate elevators and stairwells. Portions of the building that are
not part of the original architecture of the building and which do not contribute to the historical or
architectural significance of the building as determined by the Planning Board, with input from the
Historical Commission, may be demolished.
• Parking off site and combined parking. See §§ 350-8.5 and 350-8.7.
• Creation or expansion of six or more parking spaces.
• Parking requirement reduction. See § 350-8.10F.
• Residential shared driveways. See § 350-8.8R.
• Year-round greenhouse/stand for wholesale and retail sale of agricultural farm products raised on
site
• Telecommunication antennas which are located on existing telecommunications towers or other
structures which do not require the construction of a new tower (in accordance with § 350-10.9)
• Open/Outdoor marijuana cultivation.
1. All security fencing that includes razor wire or other physical security measures that are not
typically residential in character must be screened with vegetation so that it is not visible
from public ways nor from other principal residential structures within 300 feet.
2. If a fence or other security structure is planned within a FEMA-mapped floodplain, it must
be shown to be engineered to withstand expected floodwaters or it must be engineered to
include a breakaway that opens during flood conditions.
• Any other solar photovoltaic (PV), large-scale ground-mounted not listed above, where less than two
acres of tree removal is planned. The removal of significant trees on the subject parcel(s) must be
replaced in accordance with § 350-12.3 and includes tree removal that occurs within 12 months
immediately prior to an application for installation of such a system.
Setbacks:
Front = 50 feet
Side = 50 feet
Rear = 50 feet
Maximum height = 30 feet
Open space = 20%
1. A planted buffer to abutting residential property shall be at least 15 feet in width along the
property boundary. It shall contain a screen of plantings in the center of the strip not less
than three feet in width and six feet in height at the time of occupancy of such lot.
Individual shrubs shall be planted not more than five feet on center, and individual trees
thereafter shall be maintained by the owner or occupants so as to maintain a dense screen
year-round. At least 50% of the plantings shall be evenly spaced. Whenever possible,
existing trees and ground cover should be preserved in this strip, reducing the need to plant
additional trees. Trees may not be cut down in this strip without site plan approval.
2. The owner or operator shall remove the installation no more than 150 days after the date of
discontinued operations. Removal shall consist of:
a. Removal of all structures, equipment, security barriers, transmission lines, conduits,
poles.
b. Disposal of all waste in accordance with local, state, and federal waste disposal
regulations.
c. Stabilization or revegetation of the site as necessary to minimize erosion.
If the owner/operator fails to remove the installation in accordance with the requirements of this
section, the City shall have the right to exercise or call the bond/performance guarantee in order
to cover the cost of removal.
3. Performance guarantee: Applicants shall submit an itemized cost estimate for complete
decommissioning of the array as specified above. Prior to beginning construction, the
ZONING
350 Attachment 4:5 Supp 11.5, Oct 2020
applicant shall post a performance guarantee in the form of a bond or escrow or other
guarantee approved by the Planning Board for the amount to cover decommissioning,
including a twenty-percent contingency and calculated with twenty-year inflation factor.
Special Permit Approval required for the following uses by Planning Board unless
otherwise noted:
• Home business for personal service business by appointment only or home business more than 25
visits etc. See § 350-10.12 for other criteria—Zoning Board of Appeals Special Permit
• Flag lots. See § 350-6.13.
• Bed-and-breakfast
• Commercial stable or kennel in which all animals, fowl, or other forms of life are completely
enclosed in pens or other structures. See § 350-10.8 and exemptions MGL c. 40A.
• Outdoor commercial recreational use, miniature golf, temporary carnival
• Any other private school, college or university
• Historical association or society and nonprofit museum (may include the residence of a caretaker)
• Accessory solar photovoltaic ground-mounted on a parcel with any building or use, between 8 KW
or over 100% but no more than 200% of the annual projected electric use of the non-PV building or
use
• Private utility or substation, small-scale hydroelectric generation
• New telecommunications facility in accordance with §§ 350-2.1 and 350-10.9.
• Parking lot access for nonresidential uses across a residential lot. See § 350-8.9.
• Processing and treating of raw materials, including operations appurtenant to the taking, such as
grading, drying, sorting, crushing, grinding and milling operations. See § 350- 10.3.
• Removal of sand, gravel, quarry, or other raw material. See § 350-10.3.
• Filling of any land. See § 350-10.4. Filling of water or any wet area. See § 350-10.3.
• Private bridge, tunnel
• Railroad passenger terminal
• Municipal facility
• Heavy public use. See § 350-10.7—City Council Special Permit
• Membership club operated as a not-for-profit corporation, as defined by MGL c. 180, excluding any
adult establishments which display live nudity—City Council Special Permit
• Cluster residential development. See § 350-10.5.
Cluster Development Layout Standards
a. Project lot = 4-acre minimum
b. Project frontage = 175 feet
c. Project depth = 200 feet
d. Setbacks from project boundary:
Front = 40 feet
Side = 20 feet
Rear = 50 feet
e. Individual lot frontage, setbacks, frontage = 0 feet
f. Maximum height = 35 feet
g. Project open space = 75%
h. Design: Planning Board to review layout to ensure project transitions between existing
neighborhood along street and proposed project. For new buildings, setback, scale, massing
NORTHAMPTON CODE
350 Attachment 4:6 Supp 11.5, Oct 2020
should fit within the area. Mature specimen trees shall be preserved unless shown to be
infeasible. No minimum setbacks, lot size, frontage, or open space for internal lots. More than
one structure may be located on a single lot.
Projects resulting in more than two acres of canopy removal shall submit the following additional
information to that which is required by site plan for large-scale ground-mounted solar above with their
application. The Board must find that the removal of trees will not negatively impact the health safety
and welfare of the residents of Northampton by maintaining a robust and diverse ecosystem for the
residents while also creating renewable energy systems. In order for the Board to make such finding, the
applicant shall submit an analysis of the proposed project’s impact relative to the benefit of the solar
installation as follows:
1. Analysis showing that tree removal which occurs on more than one acre of slopes greater than 20%
will not cause erosion of top soil and will not increase siltation of any streams present on the site or
within 200 feet of the property boundary.
2. Analysis of the forest type and relevant habitat that will be lost. This analysis must include the
structure and diversity of the canopy, midstory and understory of the forested area to be cleared.
Analysis must be performed by an individual with a master’s degree in wildlife biology or ecological
science from an accredited college/university or other competent professional with at least two years
of experience in wildlife habitat evaluation.
a. Any forested area within which certifiable vernal pools are found, must be identified and a
permit from the Conservation Commission must be granted prior to review by the Planning
Board.
b. Any forested area containing clusters of five or more healthy trees of 20 inches diameter
breast height or greater that are not in decline shall be preserved in order to continue to
provide high value ecological benefit to the community. Connection of these larger trees to
surrounding stands of trees shall be maintained.
c. As part of the forest type analysis, the report shall contain information regarding the
abundance and distribution of habitats within the region and of the specific site and any
historical information on the extent and quality of these habitats and impact of clearing on
these habitats. The applicant must show through analysis that habitat is not fragmented and
that connectivity remains in the proposed conditions.
3. Analysis by a qualified third party showing that the project will be carbon-neutral over the first 10
years of operation. The applicant shall provide the following calculations:
a. The total volume of trees to be removed (provided by an independent certified forester) and
the projected volume of trees over a ten-year period of additional growth.
b. Subtracting the estimated live-wood in replacement trees provided under the significant tree
section of this zoning ordinance 10 years after planting.
c. Conversion of the net live-wood to be removed to short tons of carbon (using research from
the Northern Institute of Applied Climate Science or other methodology after approval by
the permit granting authority).
d. Subtraction of the carbon offsets (short tons of carbon) provided by the solar photovoltaic
project over 10 years of operation, including the calculation of potential carbon stored had
the trees continued to thrive in that same ten-year window.
e. If there is any net release of carbon with the above calculations, the applicant shall assign
Renewable Energy Credits (REC) to the City to match or exceed said release of carbon.
However, RECs may not be used to fund biomass projects.
4. At least 50% of the property shall be protected from tree clearing and future development for the
duration of the operation of the solar array installation and until such time as the system is
decommissioned and removed.
5. Within the area beyond the first two acres of canopy removed, stumps for removed trees must
remain in place and no excavation/soil disturbance is allowed other than what would be required to
bore support posts for the PV panels.
ZONING
350 Attachment 4:7 Supp 11.5, Oct 2020
6. Electrical transformers for utility interconnections may be aboveground only if required by the utility
provider. Power and telecommunications poles and equipment shall not be visible from the public
way.
* No minimum lot size, depth, or frontage required for essential services or municipal facilities as
defined in § 350-2.1. Minimum setbacks for principal buildings as part of municipal facilities are the
same as other principal uses in table above and are the only dimensional lot requirements necessary
to be met.
ZONING
350 Attachment 5:1 Supp 11.5, Oct 2020
350 Attachment 5
City of Northampton
Table of Use and Dimensional Regulations
SR District
Description: Example Uses/Structures
Lower density
residential and
agricultural land.
Conservation cluster
design is encouraged.
Areas are typically not
within walking distance
of goods/services;
some private and water
services required.
Within transect-based
zoning, SR is a T3 Sub-
Urban zone. Lot Dimension
Requirements Layout/Setbacks
Lot Size - Standard
30,000 ft.2 minimum
(80,000 ft.2 if both private
water and private sewer)
Frontage/Width = 125 feet
min.
Depth = 160 feet min.
Setbacks [principal and
detached accessory
structures (det. acc.)]
Front = 30 feet min.
Side = 15 feet min.
(10 feet det. acc. structure)
Rear = 30 feet min.
(10 feet det. acc. structure)
Max. Height
35 feet (20 feet det. acc.
structure)
Open Space = 70%
NORTHAMPTON CODE
350 Attachment 5:2 Supp 11.5, Oct 2020
Flag Lot Size
60,000 ft.2 min. (80,000
ft.2 if private water and
sewer)
Frontage/Width = 50 feet
min.
Depth = 160 feet min.
Setbacks
Front = 60 feet min.
Side = 30 feet min.
(10 feet det. acc. structure)
Rear = 60 feet min.
(10 feet det. acc. structure)
Max. Height = 35 feet
Open Space = 85%
FLAG LOT LAYOUT
Design Standards Illustrated
Planning Board may waive, by site plan approval, element 2, if it can be shown that a different design meets a
pedestrian-scale design that encourages public/private transition and interface (e.g., similar elements facing internal
courtyards or private streets)
1. If a garage or other
parking structure is
attached, it shall
comprise no more than
30% of the front facade
of the primary
structure.
Minimum parking for
residential uses
For other uses see table
in § 350-8.2
1 space per 1,000 ft.2 gross living area (round up). No more than 2 spaces required per unit.
Front yard setback may only have parking for a maximum of 2 vehicles.
Max. 30% of
total combined
area of facades
Max 30% of total
combined area of
facades
Connector elements must be
set back & include glazed
openings that face the street
Living space
above
DOESN’T FIT
Max. 30% of
total combined
area of facades
Living space above
Exceeds 30% of total
combined area of facades
Garage or Parking Structure
Area
Primary Structure
ZONING
350 Attachment 5:3 Supp 11.5, Oct 2020
SR USES ALLOWED
Uses Allowed By Right:
• Single-family residence
• Attached (to a single-family) accessory dwelling unit not to exceed 900 ft.2 gross living area. See
§ 350-10.10. Same setback as for principal structures.
• Home business up to 25 visits per week as defined in § 350-2.1.
• Preexisting nonconforming uses (may trigger ZBA permit)
• Accessory uses to residential:
Tag sales - temporary sales of personal and household articles
Pets/Animals. See § 350-5.3.
• Accessory structures, detached (but no larger than 1,000 ft.2 of lot coverage or 3% of lot area,
whichever is greater, unless it is used for agricultural purposes). See also § 350-6.7.
• Family day care (registration w/Building Commissioner required)
• Cemetery, including any crematory therein
• Temporary event as defined in § 350-2.1
• Agriculture, horticulture, floriculture, noncommercial forestry, the growing of all vegetables and a
temporary (not to exceed erection or use for a period of four months in any one year) greenhouse or
stand for retail sale of agricultural or farm products raised primarily on the same premises
• Rooftop solar hot water and photovoltaic
• Accessory solar photovoltaic (PV) ground-mounted on a parcel with any building/use, provided that
the PV is sized to generate no more than 200% of the annual projected electric use of the non-PV
building/use or 12 KW, whichever is greater. The setbacks for such a PV shall be the same as for
detached accessory structures as set forth in the table above.
• Essential facilities
• Municipal facility
• Short-term rental: allowed only upon annual registration with the City. Use as a registered rental is
only valid for the year in which registration is completed and expires December 31 each year.
Site Plan Approval Required for the Following:
• Any construction (other than for a single-family home) greater than 2,000 ft.2
• Detached accessory dwelling unit for single-family home meeting same setback requirements as a
single-family home. See § 350-10.10—Administrative Site Plan
• Educational use: nonprofit, any religious use, day care, school-aged child-care program (MGL
c. 28A, § 9)
• Reuse of historic educational or religious building(s) for: any residential use, live/work space, or
office; provided, however, that no more than 20% of the floor space of the building(s) shall be used
for medical, banking or any offices where a primary function is to provide services to retail
customers or individuals. All such uses approved under this provision shall be within the footprint of
existing building(s) and may only be approved contingent upon protection of all historically
contributing portions of the building with an historic preservation restriction granted to the City of
Northampton in a form acceptable to the Planning Board, with input from the Historical
Commission, as preserving the key character-defining features visible from the road (and not
necessarily meeting federal or state preservation standards for the entire building). The existing
building may be expanded to accommodate elevators and stairwells. Portions of the building that are
not part of the original architecture of the building and which do not contribute to the historical or
architectural significance of the building as determined by the Planning Board, with input from the
Historical Commission, may be demolished.
• Parking off site and combined parking. See §§ 350-8.5 and 350-8.7.
• Creation or expansion of six or more parking spaces
NORTHAMPTON CODE
350 Attachment 5:4 Supp 11.5, Oct 2020
• Parking requirement reduction. See § 350-8.10F.
• Residential shared driveways. See § 350-8.8R.
• Year-round greenhouse/stand for wholesale and retail sale of agricultural farm products raised on
site
• Telecommunications antennas which are located on existing telecommunications towers or other
structures which do not require the construction of a new tower (in accordance with § 350-10.9)
• Open/Outdoor marijuana cultivation.
1. All security fencing that includes razor wire or other physical security measures that are not
typically residential in character must be screened with vegetation so that it is not visible
from public ways nor from other principal residential structures within 300 feet.
2. If a fence or other security structure is planned within a FEMA-mapped floodplain, it must
be shown to be engineered to withstand expected floodwaters or it must be engineered to
include a breakaway that opens during flood conditions.
• Any other solar photovoltaic (PV), large-scale ground-mounted not listed above, where less than two
acres of tree removal is planned. The removal of significant trees on the subject parcel(s) must be
replaced in accordance with § 350-12.3 and includes tree removal that occurs within 12 months
immediately prior to an application for installation of such a system
Setbacks:
Front = 50 feet
Side = 50 feet
Rear = 50 feet
Maximum height = 30 feet
Open space = 20%
1. A planted buffer to abutting residential property shall be at least 15 feet in width along the
property boundary. It shall contain a screen of plantings in the center of the strip not less
than three feet in width and six feet in height at the time of occupancy of such lot.
Individual shrubs shall be planted not more than five feet on center, and individual trees
thereafter shall be maintained by the owner or occupants so as to maintain a dense screen
year-round. At least 50% of the plantings shall be evenly spaced. Whenever possible,
existing trees and ground cover should be preserved in this strip, reducing the need to plant
additional trees. Trees may not be cut down in this strip without site plan approval.
2. The owner or operator shall remove the installation no more than 150 days after the date of
discontinued operations. Removal shall consist of:
a. Removal of all structures, equipment, security barriers, transmission lines,
conduits, poles.
b. Disposal of all waste in accordance with local, state, and federal waste disposal
regulations.
c. Stabilization or revegetation of the site as necessary to minimize erosion.
If the owner/operator fails to remove the installation in accordance with the requirements of
this section, the City shall have the right to exercise or call the bond/performance guarantee
in order to cover the cost of removal.
3. Performance guarantee: Applicants shall submit an itemized cost estimate for complete
decommissioning of the array as specified above. Prior to beginning construction, the
applicant shall post a performance guarantee in the form of a bond or escrow or other
guarantee approved by the Planning Board for the amount to cover decommissioning,
including a twenty-percent contingency and calculated with twenty-year inflation factor.
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350 Attachment 5:5 Supp 11.5, Oct 2020
Special Permit Approval Required for the Following Uses by Planning Board unless
Otherwise Noted:
• Home business for personal service business by appointment only or home business more than 25
visits etc. See § 350-10.12 for other criteria—Zoning Board of Appeals Special Permit
• Flag lots. See § 350-6.13.
• Bed-and-breakfast
• Community center
• Commercial stable or kennel in which all animals, fowl, or other forms of life are completely
enclosed in pens or other structures. See § 350-10.8 and exemptions MGL c. 40A.
• Outdoor commercial recreational use, miniature golf, temporary carnival
• Any other private school, college or university
• Historical association or society and nonprofit museum (may include the residence of a caretaker)
• Accessory solar photovoltaic ground-mounted on a parcel with any building or use, between 8 KW
or over 100% but no more than 200% of the annual projected electric use of the non-PV building or
use.
• Private utility or substation, small-scale hydroelectric generation.
• New telecommunications facility in accordance with §§ 350-2.1 and 350-10.9.
• Parking lot access for nonresidential uses across a residential lot. See § 350-8.9.
• Processing and treating of raw materials, including operations appurtenant to the taking, such as
grading, drying, sorting, crushing, grinding and milling operations. See § 350-10.3.
• Removal of sand, gravel, quarry, or other raw material. See § 350-10.3.
• Filling of any land see § 350-10.4. Filling of water or any wet area. See § 350-10.3.
• Private bridge, tunnel
• Railroad passenger terminal
• Municipal facility
• Heavy public use. See § 350-10.7—City Council Special Permit
• Membership club operated as a not-for-profit corporation, as defined by MGL c. 180, excluding any
adult establishments which display live nudity—City Council Special Permit
• Cluster residential development. See § 350-10.5.
Cluster Development Layout Standards
a. Project lot = 4-acre minimum
b. Project frontage = 125 feet
c. Project depth = 160 feet
d. Setbacks from project boundary:
Front = 30 feet
Side = 15 feet
Rear = 30 feet
e. Individual lot frontage, setbacks, frontage = 0 feet
f. Maximum height = 35 feet
g. Project open space = 75%
h. Design: Planning Board to review layout to ensure project transitions between existing
neighborhood along street and proposed project. For new buildings, setback, scale, massing
should fit within the area. Mature specimen trees shall be preserved unless shown to be
infeasible. No minimum setbacks, lot size, frontage, or open space for internal lots. More than
one structure may be located on a single lot.
Projects resulting in more than two acres of canopy removal shall submit the following additional
information to that which is required by site plan for large-scale ground-mounted solar above with their
application. The Board must find that the removal of trees will not negatively impact the health safety
and welfare of the residents of Northampton by maintaining a robust and diverse ecosystem for the
NORTHAMPTON CODE
350 Attachment 5:6 Supp 11.5, Oct 2020
residents while also creating renewable energy systems. In order for the Board to make such finding, the
applicant shall submit an analysis of the proposed project’s impact relative to the benefit of the solar
installation as follows:
1. Analysis showing that tree removal which occurs on more than one acre of slopes greater than 20%
will not cause erosion of top soil and will not increase siltation of any streams present on the site or
within 200 feet of the property boundary.
2. Analysis of the forest type and relevant habitat that will be lost. This analysis must include the
structure and diversity of the canopy, midstory and understory of the forested area to be cleared.
Analysis must be performed by an individual with a master’s degree in wildlife biology or ecological
science from an accredited college/university or other competent professional with at least two years
of experience in wildlife habitat evaluation.
a. Any forested area within which certifiable vernal pools are found, must be identified and a
permit from the Conservation Commission must be granted prior to review by the Planning
Board.
b. Any forested area containing clusters of five or more healthy trees of 20 inches diameter
breast height or greater that are not in decline shall be preserved in order to continue to
provide high value ecological benefit to the community. Connection of these larger trees to
surrounding stands of trees shall be maintained.
c. As part of the forest type analysis, the report shall contain information regarding the
abundance and distribution of habitats within the region and of the specific site and any
historical information on the extent and quality of these habitats and impact of clearing on
these habitats. The applicant must show through analysis that habitat is not fragmented and
that connectivity remains in the proposed conditions.
3. Analysis by a qualified third party showing that the project will be carbon-neutral over the first 10
years of operation. The applicant shall provide the following calculations:
a. The total volume of trees to be removed (provided by an independent certified forester) and
the projected volume of trees over a ten-year period of additional growth.
b. Subtracting the estimated live-wood in replacement trees provided under the significant tree
section of this zoning ordinance 10 years after planting.
c. Conversion of the net live-wood to be removed to short tons of carbon (using research from
the Northern Institute of Applied Climate Science or other methodology after approval by
the permit granting authority).
d. Subtraction of the carbon offsets (short tons of carbon) provided by the solar photovoltaic
project over 10 years of operation, including the calculation of potential carbon stored had
the trees continued to thrive in that same ten-year window.
e. If there is any net release of carbon with the above calculations, the applicant shall assign
Renewable Energy Credits (REC) to the City to match or exceed said release of carbon.
However, RECs may not be used to fund biomass projects.
4. At least 50% of the property shall be protected from tree clearing and future development for the
duration of the operation of the solar array installation and until such time as the system is
decommissioned and removed.
5. Within the area beyond the first two acres of canopy removed, stumps for removed trees must
remain in place and no excavation/soil disturbance is allowed other than what would be required to
bore support posts for the PV panels.
6. Electrical transformers for utility interconnections may be aboveground only if required by the utility
provider. Power and telecommunications poles and equipment shall not be visible from the public
way.
* No minimum lot size, depth, or frontage required for essential services or municipal facilities as
defined in § 350-2.1. Minimum setbacks for principal buildings as part of municipal facilities are the
same as other principal uses in table above and are the only dimensional lot requirements necessary
to be met.
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350 Attachment 6:1 Supp 11.5, Oct 2020
350 Attachment 6
City of Northampton
Table of Use and Dimensional Regulations
URA District
Description: Example Structures
Primarily single-family
homes. See list of
allowed uses for all
other uses.
Lot Dimension
Requirements Layout/Setbacks For All Uses
Lot Size
5,000 ft2 minimum
(min.) per unit
Frontage/Width = 50 feet
min.
Depth = 75 feet min.
Setbacks
Front = 20 feet min.
Side = 15 feet min.
Rear = 20 feet min.
Detached accessory
storage = 20 feet (front),
4 feet (side and rear)
Max. Height = 35 feet;
20 feet for detached
accessory structures
Open Space = 40% min. Design Standards Illustrated
Planning Board may waive, by site plan approval, elements 2, 3, 4 if it can be shown that a different design meets a
pedestrian-scale design that encourages public/private transition and interface (e.g., similar elements facing internal
courtyards or private streets).
1. If a garage or other
parking structure is
attached, it must be set
back 20 feet and the
garage/structure shall
comprise no more than
30% of the front facade
of the primary
structure. Side setback
may be 10 feet for the
garage when not used
as living area.
Max 30% of total
combined area
of facades
Max 30% of total
combined area of
facades
Connector elements must be
set back & include glazed
openings that face the street
Living space
above and
beside
DOESN’T FIT
Max. 30% of
total combined
area of facades
Living space above
Exceeds 30% of total
combined area of facades
Garage or Parking Structure
Area
Primary Structure
NORTHAMPTON CODE
350 Attachment 6:2 Supp 11.5, Oct 2020
2. Front doors must
face the street.
Buildings must have a
covered entry.
3. For new buildings,
setback, scale, massing
should fit within the
block face.
4. Parking for more
than 5 cars shall be
distributed on the site
to minimize impact to
the neighborhood
character;
accomplished by small
groupings of spaces
surrounded by
landscaping or parallel
parking along a narrow
driveway to mimic an
alley.
Minimum parking for
residential uses
For other uses see table
in § 350-8.2.
1 space per 1,000 ft2 gross living area (round up). No more than 2 spaces required per unit.
Front yard setback may only have parking for a maximum of two vehicles
Covered entry
Doesn’t fit
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350 Attachment 6:3 Supp 11.5, Oct 2020
URA USES ALLOWED
Uses Allowed by Right:
• Single-family home
• Attached accessory dwelling unit not to exceed 900 square feet gross living area. § See 350-10.10.
• Home business (up to 25 visits per week as defined in § 350-2.1).
• Accessory uses to residential:
Tag sales: temporary sales of personal and household articles
Fences
Pets/Animals (see § 350-5.3)
• Accessory structures, detached (but no larger than 1,000 square feet of lot coverage or 3% of lot
area, whichever is greater, unless it is used for agricultural purposes). See also § 350-6.7.
Setbacks:
Front: 20 feet
Side: 4 feet
Rear: 4 feet
• Preexisting nonconforming uses (may trigger Zoning Board of Appeals permit)
• Family day care (registration w/Building Commissioner required)
• Cemetery
• Temporary event as defined in § 350-2.1
• Municipal facility; facilities for essential services
• Agriculture, horticulture, floriculture, noncommercial forestry, the growing of all vegetables and a
temporary (not to exceed erection or use for a period of four months in any one year) greenhouse or
stand for retail sale of agricultural or farm products raised primarily on the same premises
• Rooftop solar hot water and photovoltaic
• Accessory solar photovoltaic (PV) ground-mounted on a parcel with any building/use, provided that
the PV is sized to generate no more than 200% of the annual projected electric use of the non-PV
building/use or 12 KW, whichever is greater. The setbacks for such a PV shall be the same as for
detached accessory structures as set forth in the table above.
• Solar photovoltaic of any size, ground-mounted over any legal parking lot or driveway
• Short-term rental: allowed only upon annual registration with the City. Use as a registered rental is
only valid for the year in which registration is completed and expires December 31 each year.
Site Plan Approval Required for the Following:
• Any new construction, other than for a single-family home, greater than 2,000 square feet
• Educational use: nonprofit, dormitories, religious use, day care, school-aged child-care program
(MGL c. 28A, § 9)
• Private bridge tunnel
• Reuse of historic educational or religious building(s) for any residential use, live/work space, or
office; provided, however, that no more than 20% of the floor space of the building(s) shall be used
for medical, banking, or any offices where a primary function is to provide services to retail
customers or individuals. All such uses approved under this provision shall be within the footprint of
existing building(s) and may only be approved contingent upon protection of all historically
contributing portions of the building(s) with an historic preservation restriction granted to the City of
Northampton in a form acceptable to the Planning Board, with input from the Historical
Commission, as preserving the key character-defining features visible from the road (and not
necessarily meeting federal or state preservation standards for the entire building). The existing
building may be expanded to accommodate elevators and stairwells. Portions of the building that are
not part of the original architecture of the building and which do not contribute to the historical or
architectural significance of the building as determined by the Planning Board, with input from the
Historical Commission, may be demolished.
• Cluster development. See below for lot layout standards, and see § 350-10.5 for other criteria.
• Parking off-site and shared parking. See §§ 350-8.5 and 350-8.7.
• Creation or expansion of six or more parking spaces.
NORTHAMPTON CODE
350 Attachment 6:4 Supp 11.5, Oct 2020
• Parking requirement reduction. See § 350-8.10F.
• Parking lot access for nonresidential uses across a residential lot. See § 350-8.9.
• Residential shared driveways. See § 350-8.8R.
• Private utility, substation or district utility, small-scale hydroelectric generation
• Year-round greenhouse/stand for wholesale and retail sale of agricultural products raised on site
• Telecommunications antennas located on existing telecommunications towers or other structures
which do not require the construction of a new tower (in accordance with § 350-10.9)
• Any other solar photovoltaic (PV), large-scale ground-mounted not listed above, where less than two
acres of tree removal is planned. The removal of significant trees on the subject parcel(s) must be
replaced in accordance with § 350-12.3 and includes tree removal that occurs within 12 months
immediately prior to an application for installation of such a system.
Setbacks:
Front = 50 feet
Side = 50 feet
Rear = 50 feet
Maximum height = 30 feet
Open space = 20%
1. A planted buffer to abutting residential property shall be at least 15 feet in width along the
property boundary. It shall contain a screen of plantings in the center of the strip not less than
three feet in width and six feet in height at the time of occupancy of such lot. Individual shrubs
shall be planted not more than five feet on center, and individual trees thereafter shall be
maintained by the owner or occupants so as to maintain a dense screen year-round. At least 50%
of the plantings shall be evenly spaced. Whenever possible, existing trees and ground cover
should be preserved in this strip, reducing the need to plant additional trees. Trees may not be
cut down in this strip without site plan approval.
2. The owner or operator shall remove the installation no more than 150 days after the date of
discontinued operations. Removal shall consist of:
a. Removal of all structures, equipment, security barriers, transmission lines, conduits,
poles.
b. Disposal of all waste in accordance with local, state, and federal waste disposal
regulations.
c. Stabilization or revegetation of the site as necessary to minimize erosion.
If the owner/operator fails to remove the installation in accordance with the requirements of this
section, the City shall have the right to exercise or call the bond/performance guarantee in order
to cover the cost of removal.
3. Performance guarantee: Applicants shall submit an itemized cost estimate for complete
decommissioning of the array as specified above. Prior to beginning construction, the applicant
shall post a performance guarantee in the form of a bond or escrow or other guarantee approved
by the Planning Board for the amount to cover decommissioning, including a twenty-percent
contingency and calculated with twenty-year inflation factor.
Special Permit Approval Required for the Following Uses by Planning Board Unless Otherwise
Noted:
• Detached accessory dwelling unit (see § 350-10.10–Zoning Board of Appeals special permit)
• Home business for personal service business by appointment only or home business with more than
25 visits per week, etc. (see § 350-10.12 for more criteria–Zoning Board of Appeals special permit)
• Accessory solar photovoltaic ground-mounted on a parcel with any building or use, between 8 KW
or over 100% but no more than 200% of the annual projected electric use of the non-PV building or
use
• Removal of sand and gravel quarry or other raw material. See § 350-10.2.
• Commercial stable or kennel in which all animals, fowl, or other forms of life are completely
enclosed in pens or other structures. See § 350-10.8 and exemptions under MGL c 40A. Parking
determined by § 350-8.2.
ZONING
350 Attachment 6:5 Supp 11.5, Oct 2020
• Community center
• Bed-and-breakfast.
• Halfway house
• Nursing homes, assisted living
• Membership club operated as a not-for-profit corporation, as defined by MGL c. 180, excluding any
adult establishments which display nudity
• Filling of any land. See § 350-10.4.
• Filling of water or wet area. See § 350-10.3.
• Crematory
• Heavy public use–City Council special permit
Projects resulting in more than two acres of canopy removal shall submit the following additional
information to that which is required by site plan for large-scale ground-mounted solar above with their
application. The Board must find that the removal of trees will not negatively impact the health safety
and welfare of the residents of Northampton by maintaining a robust and diverse ecosystem for the
residents while also creating renewable energy systems. In order for the Board to make such finding, the
applicant shall submit an analysis of the proposed project’s impact relative to the benefit of the solar
installation as follows:
1. Analysis showing that tree removal which occurs on more than one acre of slopes greater than 20%
will not cause erosion of top soil and will not increase siltation of any streams present on the site or
within 200 feet of the property boundary.
2. Analysis of the forest type and relevant habitat that will be lost. This analysis must include the
structure and diversity of the canopy, midstory and understory of the forested area to be cleared.
Analysis must be performed by an individual with a master’s degree in wildlife biology or ecological
science from an accredited college/university or other competent professional with at least two years
of experience in wildlife habitat evaluation.
a. Any forested area within which certifiable vernal pools are found, must be identified and a
permit from the Conservation Commission must be granted prior to review by the Planning
Board.
b. Any forested area containing clusters of five or more healthy trees of 20 inches diameter
breast height or greater that are not in decline shall be preserved in order to continue to
provide high value ecological benefit to the community. Connection of these larger trees to
surrounding stands of trees shall be maintained.
c. As part of the forest type analysis, the report shall contain information regarding the
abundance and distribution of habitats within the region and of the specific site and any
historical information on the extent and quality of these habitats and impact of clearing on
these habitats. The applicant must show through analysis that habitat is not fragmented and
that connectivity remains in the proposed conditions.
3. Analysis by a qualified third party showing that the project will be carbon-neutral over the first 10
years of operation. The applicant shall provide the following calculations:
a. The total volume of trees to be removed (provided by an independent certified forester) and
the projected volume of trees over a ten-year period of additional growth.
b. Subtracting the estimated live-wood in replacement trees provided under the significant tree
section of this zoning ordinance 10 years after planting.
c. Conversion of the net live-wood to be removed to short tons of carbon (using research from
the Northern Institute of Applied Climate Science or other methodology after approval by
the permit granting authority).
d. Subtraction of the carbon offsets (short tons of carbon) provided by the solar photovoltaic
project over 10 years of operation, including the calculation of potential carbon stored had
the trees continued to thrive in that same ten-year window.
e. If there is any net release of carbon with the above calculations, the applicant shall assign
Renewable Energy Credits (REC) to the City to match or exceed said release of carbon.
However, RECs may not be used to fund biomass projects.
NORTHAMPTON CODE
350 Attachment 6:6 Supp 11.5, Oct 2020
4. At least 50% of the property shall be protected from tree clearing and future development for the
duration of the operation of the solar array installation and until such time as the system is
decommissioned and removed.
5. Within the area beyond the first two acres of canopy removed, stumps for removed trees must
remain in place and no excavation/soil disturbance is allowed other than what would be required to
bore support posts for the PV panels.
6. Electrical transformers for utility interconnections may be aboveground only if required by the utility
provider. Power and telecommunications poles and equipment shall not be visible from the public
way.
Cluster Development Lot Layout Standards
1. Project lot = 2-acre minimum
2. Project frontage = 75 feet
3. Project depth = 100 feet
4. Setbacks from project boundary:
Front =20 feet
Side = 15 feet
Rear = 20 feet
5. Individual lot frontage, setbacks, frontage = 0 feet
6. Maximum height = 40 feet
7. Project open space = 50%
8. Design: Planning Board to review layout to ensure project transitions between existing neighborhood
along street and proposed project. For new buildings, setback, scale, massing should fit within the
block face. Mature specimen trees shall be preserved unless shown to be infeasible. No minimum
setbacks, lot size, frontage, or open space for internal lots. More than one structure may be located
on a single lot.
* No minimum lot size, depth, or frontage required for essential services or municipal facilities as
defined in § 350-2.1. Minimum setbacks for principal buildings as part of municipal facilities are the
same as other principal uses in table above and are the only dimensional lot requirements necessary
to be met.
ZONING
350 Attachment 7:1 Supp 11.5, Oct 2020
350 Attachment 7
City of Northampton
Table of Use and Dimensional Regulations
URB District
Description: Example Structures
Primarily residential
with single-, two-,
three-family units
allowed in different
development patterns,
including townhouse
units.
New homes should
consist of units that
maintain orientation,
rhythm, setback pattern
and street frontage
green patterns of the
surrounding block face
Lot Dimension
Requirements Layout/Setbacks For All Uses
Lot Size
2,500 ft2 minimum
(min.) per unit
Frontage/Width = 50
feet min.
Depth = 75 feet min.
Setbacks
Front =10 feet min.
Side = 15 feet min.
Side = 0 feet on one
side for zero lot line
Rear = 20 feet min.
Max. Height = 35 feet
Open Space = 40%
NORTHAMPTON CODE
350 Attachment 7:2 Supp 11.5, Oct 2020
Design Standards Illustrated
Planning Board may waive, by site plan approval, elements 2, 3, 4 if it can be shown that a different design meets a
pedestrian-scale design that encourages public/private transition and interface (e.g., similar elements facing internal
courtyards or private streets)
1. If a garage or other
parking structure is
attached, it must be set
back 20 feet and the
garage/structure shall
comprise no more than
30% of the front facade
of the primary
structure. Side setback
may be 10 feet for the
garage only when not
used as living area.
2. Front doors must
face the street. For
units extending behind
front units, where
entries orient to the
side lot, the 20-foot
side setback shall apply
unless other means to
create buffer/private
outdoor space to
adjoining property are
approved by the
Planning Board.
Buildings must have a
covered entry.
Covered entry
20' 20' 20' 20' 15' 15'
15' 15'
Max. 30% of
total combined
area of facades
Max 30% of total
combined area of
facades
Connector elements must be
set back & include glazed
openings that face the street
Living space
above
DOESN’T FIT
Max. 30% of
total combined
area of facades
Living space above
Exceeds 30% of total
combined area of facades
Garage or Parking Structure
Area
Primary Structure
ZONING
350 Attachment 7:3 Supp 11.5, Oct 2020
3. For new buildings,
setback, scale, massing
should fit within the
block face.
4. Parking for more
than 5 cars shall be
distributed on the site
to minimize impact to
the neighborhood
character, which shall
be accomplished by
small groupings of
spaces surrounded by
landscaping or parallel
parking along a narrow
driveway to mimic an
alley. Driveways wider
than 15 feet shall be
visually buffered from
side lot lines through
setbacks or screening to
adequately block car
headlights.
Minimum parking for
residential uses
For other uses see table
in § 350-8.2.
1 space per 1,000 ft2 gross living area (round up). No more than 2 spaces required per unit.
Front yard setback may only have parking for a maximum of two vehicles
Doesn’t fit
NORTHAMPTON CODE
350 Attachment 7:4 Supp 11.5, Oct 2020
URB USES ALLOWED
Uses Allowed By Right:
• Single-, two-, three-family dwellings
• Attached (to a single-family) accessory dwelling unit not to exceed 900 square feet gross living area.
See § 350-10.10. Same setback as for principal structures.
• Home business up to 25 visits per week as defined in § 350-2.1
• Zero lot line single-family; see § 350-10.14
• Preexisting nonconforming uses (may trigger ZBA permit)
• Accessory uses to residential:
Tag sales: temporary sales of personal and household articles
Pets/Animals (§ 350-5.3)
• Accessory structures, detached (but no larger than 1,000 ft2 of lot coverage or 3% of lot area,
whichever is greater, unless it is used for agricultural purposes). See also § 350-6.7.
Setbacks:
Front: 20 feet
Side: 4 feet
Rear: 4 feet
• Family day care (registration w/Building Commissioner required)
• Cemetery
• Temporary event as defined in § 350-2.1
• Municipal facility; facilities for essential services
• Agriculture, horticulture, floriculture, noncommercial forestry, the growing of all vegetables and a
temporary (not to exceed erection or use for a period of four months in any one year) greenhouse or
stand for retail sale of agricultural or farm products raised primarily on the same premises
• Rooftop solar hot water and photovoltaic
• Accessory solar photovoltaic (PV) ground-mounted on a parcel with any building/use, provided that
the PV is sized to generate no more than 200% of the annual projected electric use of the non-PV
building/use or 12 KW, whichever is greater. The setbacks for such a PV shall be the same as for
detached accessory structures as set forth in the table above.
• Solar photovoltaic of any size, ground-mounted over any legal parking lot or driveway
• Short-term rental: allowed only upon annual registration with the City. Use as a registered rental is
only valid for the year in which registration is completed and expires December 31 each year.
Site Plan Approval Required for the Following:
• Any construction (other than for a single-family home) greater than 2,000 square feet
• The addition of a principal structure to a parcel where one already exists.
• Townhouses with six or fewer units
• Educational use: nonprofit, dormitories, any religious use, day care, school-aged child-care program
(MGL c. 28A, § 9) and historical association or society and nonprofit museum (may include the
residence of a caretaker)
• Reuse of historic educational or religious building(s) for any residential use, live/work space, or
office; provided, however, that no more than 20% of the floor space of the building(s) shall be used
for medical, banking or any offices where a primary function is to provide services to retail
customers or individuals. All such uses approved under this provision shall be within the footprint of
existing building(s) and may only be approved contingent upon protection of all historically
contributing portions of the building with an historic preservation restriction granted to the City of
Northampton in a form acceptable to the Planning Board, with input from the Historical
Commission, as preserving the key character-defining features visible from the road (and not
necessarily meeting federal or state preservation standards for the entire building). The existing
building may be expanded to accommodate elevators and stairwells. Portions of the building that are
not part of the original architecture of the building and which do not contribute to the historical or
ZONING
350 Attachment 7:5 Supp 11.5, Oct 2020
architectural significance of the building as determined by the Planning Board, with input from the
Historical Commission, may be demolished.
• Cluster development. See below for lot layout standards and § 350-10.5 for other required criteria.
• Parking off-site and combined parking. See §§ 350-8.5 and 350-8.7.
• Creation or expansion of six or more parking spaces
• Parking lot access for nonresidential uses across a residential lot. See § 350-8.9.
• Parking requirement reduction. See § 350-8.10F.
• Residential shared driveways. See § 350-8.8R.
• Private utility, substation or district utility, small-scale hydroelectric generation
• Year-round greenhouse/stand for wholesale and retail sale of agricultural farm products raised on
site
• Telecommunications antennas (cellular phone) located on existing telecommunications towers or
other structures which do not require the construction of a new tower (in accordance with § 350-
10.9)
• Any other solar photovoltaic (PV), large-scale ground-mounted not listed above, where less than two
acres of tree removal is planned. The removal of significant trees on the subject parcel(s) must be
replaced in accordance with § 350-12.3 and includes tree removal that occurs within 12 months
immediately prior to an application for installation of such a system.
Setbacks:
Front = 50 feet
Side = 50 feet
Rear = 50 feet
Maximum height = 30 feet
Open space = 20%
1. A planted buffer to abutting residential property shall be at least 15 feet in width along the
property boundary. It shall contain a screen of plantings in the center of the strip not less than
three feet in width and six feet in height at the time of occupancy of such lot. Individual shrubs
shall be planted not more than five feet on center, and individual trees thereafter shall be
maintained by the owner or occupants so as to maintain a dense screen year-round. At least 50%
of the plantings shall be evenly spaced. Whenever possible, existing trees and ground cover
should be preserved in this strip, reducing the need to plant additional trees. Trees may not be
cut down in this strip without site plan approval.
2. The owner or operator shall remove the installation no more than 150 days after the date of
discontinued operations. Removal shall consist of:
a. Removal of all structures, equipment, security barriers, transmission lines, conduits,
poles.
b. Disposal of all waste in accordance with local, state, and federal waste disposal
regulations.
c. Stabilization or revegetation of the site as necessary to minimize erosion.
If the owner/operator fails to remove the installation in accordance with the requirements of this
section, the City shall have the right to exercise or call the bond/performance guarantee in order
to cover the cost of removal.
3. Performance guarantee: Applicants shall submit an itemized cost estimate for complete
decommissioning of the array as specified above. Prior to beginning construction, the applicant
shall post a performance guarantee in the form of a bond or escrow or other guarantee approved
by the Planning Board for the amount to cover decommissioning, including a twenty-percent
contingency and calculated with twenty-year inflation factor.
Special Permit Approval Required for the Following Uses by Planning Board Unless
Otherwise Noted:
• Detached accessory dwelling unit (see § 350-10.10—Zoning Board of Appeals special permit)
NORTHAMPTON CODE
350 Attachment 7:6 Supp 11.5, Oct 2020
• Home business for personal service business by appointment only or home business more than 25
visits, etc. (see § 350-10.12 for other criteria—Zoning Board of Appeals special permit)
• Any townhouse project creating seven or more units in one or more phases within a five-year period.
Any such project shall comply with the following:
A. Buildings and parking.
1) The first row of buildings along a street shall face the street and add to the streetscape.
There shall not be any parking, except incidental to a driveway or roadway, between
the first row of buildings and the street. Parking shall be located behind buildings or
designed otherwise to minimize view from the public street.
2) The area between the property and the road pavement shall be made to be pedestrian
friendly, with sidewalks, street furniture, trees and other vegetation, all of which shall
be in conformance with City standards. All landscaping incorporated as part of the
applicant’s design between the street and the building(s) shall facilitate and enhance
the pedestrian use of sidewalks and other areas adjacent to the building. Such
streetscape may include rebuilding by the applicant, as necessary, of granite curbs,
ADA-compliant concrete sidewalks, tree belts, and drainage improvements
incorporating low-impact development standards for any necessary drainage
improvements triggered by these changes.
3) Buildings that abut existing residential properties shall incorporate building
articulation alongside facades. Building projections shall be incorporated for any side
façade that is longer than 30 feet.
4) Front facades shall have setbacks consistent with other buildings within the block or
provide a different setback that is necessary to address any natural resources
constraints.
B. Streets and roadways.
1) Projects shall connect to all surrounding neighborhoods with bicycle and pedestrian
access to the extent possible.
a) For projects that have more than one vehicular access, driveways and roadways
shall internally and externally connect to each other and dead-end streets shall be
avoided whenever possible. Dead-end roadways and driveways shall never
exceed 500 feet and, to the extent possible, must include a bicycle and pedestrian
connection from the dead-end street to a street, common area, park or civic space.
b) For projects that have a single vehicular access, such access shall not exceed 500
feet and pedestrian access shall also be provided directly from any street to
residential units.
2) The design standards for the length of dead-end streets, protection of natural features,
sidewalks, wheelchair ramps, landscaping, utilities, and the construction method and
materials for water lines, sanitary sewers, storm sewers, fire protection, sidewalks,
private roads and other infrastructure shall be those set forth in Chapter 290,
Subdivision of Land. These standards shall apply even for private roadways and
driveways that are not part of a subdivision, unless waived by the Planning Board.
3) Driveways and private roadways shall be designed to function as private alleys, or
shared streets with pedestrians and cyclists, and engineered to keep speeds below 15
miles per hour, or yield streets with separate sidewalks as shown in the subdivision
regulations. Such sidewalks shall connect to sidewalks along adjacent streets.
4) Vehicular access shall connect to surrounding streets as appropriate to ensure safe and
efficient flow of traffic within the surrounding neighborhood and to mitigate increases
in traffic on nearby streets.
5) Preexisting paths historically used as bicycle and pedestrian trails shall be preserved
to the extent possible and marked with appropriate signage.
C. Park space.
1) All projects shall include a park/common area fully designed and constructed to be
integrated into the project, which area shall be easily accessible and available for
ZONING
350 Attachment 7:7 Supp 11.5, Oct 2020
residents of the project. At a minimum, this space shall be 300 square feet or 30
square feet per dwelling unit of buildable land area, whichever is greater.
2) All such space shall be contiguous unless waived by the Planning Board upon finding
that it is in the public interest and consistent with the intent and purpose of this
section.
D. Environment and energy. Buildings shall meet one of the following environmental
standards:
1) Home Energy Rating System (HERS) rating for the building envelope at least 25%
lower than the current municipal standard at the time the special permit is requested,
but in no event shall the HERS rating be greater than 47 for units of 1,200 square feet
or less, and no greater than 41 for units larger than 1,200 square feet. Alternatively,
for units of 1,200 square feet or less, the Planning Board may consider a comparable
energy standard to the HERS rating of 47 after consultation with the Building
Commissioner.
2) U.S. Green Building Council LEED New Construction Gold or Neighborhood
Development Gold Certified.
E. Size, access and affordability.
1) Buildings shall meet one of the following standards:
a) 11% of the units shall be “affordable units” as that term is defined in § 350-2.1 of
the Code of the City of Northampton; or
b) Contain 25% or more of the units no larger than 1,200 square feet gross floor
area.
2) Equal access. All projects shall provide equal access to all building amenities, park
and civic space and public entrances to buildings to residents of both affordable and
non-affordable units.
F. Internet connectivity. All projects that include infrastructure making internet connectivity
available shall do so without differences in quality, capacity or speed to residents of both
affordable and non-affordable units.
• Educational use: private for-profit colleges, schools, etc.
• Community Center
• Lodging house, halfway house
• Bed-and-breakfast
• Nursing homes, assisted living
• Membership club operated as a not-for-profit corporation, as defined by MGL c. 180, excluding any
adult establishments which display live nudity
• Filling of any land. See § 350-10.4.
• Filling of water or wet area. See § 350-10.3.
• Funeral establishment
• Crematory
• Accessory solar photovoltaic ground-mounted on a parcel with any building or use, between 8 KW
or over 100% but no more than 200% of the annual projected electric use of the non-PV building or
use
• Heavy public use. See § 350-10.7—City Council special permit
Projects resulting in more than two acres of canopy removal shall submit the following additional
information to that which is required by site plan for large-scale ground-mounted solar above with their
application. The Board must find that the removal of trees will not negatively impact the health safety
and welfare of the residents of Northampton by maintaining a robust and diverse ecosystem for the
residents while also creating renewable energy systems. In order for the Board to make such finding, the
applicant shall submit an analysis of the proposed project’s impact relative to the benefit of the solar
installation as follows:
NORTHAMPTON CODE
350 Attachment 7:8 Supp 11.5, Oct 2020
1. Analysis showing that tree removal which occurs on more than one acre of slopes greater than 20%
will not cause erosion of top soil and will not increase siltation of any streams present on the site or
within 200 feet of the property boundary.
2. Analysis of the forest type and relevant habitat that will be lost. This analysis must include the
structure and diversity of the canopy, midstory and understory of the forested area to be cleared.
Analysis must be performed by an individual with a master’s degree in wildlife biology or ecological
science from an accredited college/university or other competent professional with at least two years
of experience in wildlife habitat evaluation.
a. Any forested area within which certifiable vernal pools are found, must be identified and a
permit from the Conservation Commission must be granted prior to review by the Planning
Board.
b. Any forested area containing clusters of five or more healthy trees of 20 inches diameter
breast height or greater that are not in decline shall be preserved in order to continue to
provide high value ecological benefit to the community. Connection of these larger trees to
surrounding stands of trees shall be maintained.
c. As part of the forest type analysis, the report shall contain information regarding the
abundance and distribution of habitats within the region and of the specific site and any
historical information on the extent and quality of these habitats and impact of clearing on
these habitats. The applicant must show through analysis that habitat is not fragmented and
that connectivity remains in the proposed conditions.
3. Analysis by a qualified third party showing that the project will be carbon-neutral over the first 10
years of operation. The applicant shall provide the following calculations:
a. The total volume of trees to be removed (provided by an independent certified forester) and
the projected volume of trees over a ten-year period of additional growth.
b. Subtracting the estimated live-wood in replacement trees provided under the significant tree
section of this zoning ordinance 10 years after planting.
c. Conversion of the net live-wood to be removed to short tons of carbon (using research from
the Northern Institute of Applied Climate Science or other methodology after approval by
the permit granting authority).
d. Subtraction of the carbon offsets (short tons of carbon) provided by the solar photovoltaic
project over 10 years of operation, including the calculation of potential carbon stored had
the trees continued to thrive in that same ten-year window.
e. If there is any net release of carbon with the above calculations, the applicant shall assign
Renewable Energy Credits (REC) to the City to match or exceed said release of carbon.
However, RECs may not be used to fund biomass projects.
4. At least 50% of the property shall be protected from tree clearing and future development for the
duration of the operation of the solar array installation and until such time as the system is
decommissioned and removed.
5. Within the area beyond the first two acres of canopy removed, stumps for removed trees must
remain in place and no excavation/soil disturbance is allowed other than what would be required to
bore support posts for the PV panels.
6. Electrical transformers for utility interconnections may be aboveground only if required by the utility
provider. Power and telecommunications poles and equipment shall not be visible from the public
way.
Cluster Development Layout Standards
a. Project lot = 2-acre minimum
b. Project frontage = 50 feet
c. Project depth = 100 feet
d. Setbacks from project boundary:
Front = 10 feet
Side = 15 feet
Rear = 20 feet
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350 Attachment 7:9 Supp 11.5, Oct 2020
e. Individual lot frontage, setbacks, frontage = 0 feet
f. Maximum height = 40 feet
g. Project open space = 50%
h. Design: Planning Board to review layout to ensure project transitions between existing neighborhood
along street and proposed project. For new buildings, setback, scale, massing should fit within the
block face. Mature specimen trees shall be preserved unless shown to be infeasible. No minimum
setbacks, lot size, frontage, or open space for internal lots. More than one structure may be located
on a single lot.
* No minimum lot size, depth, or frontage required for essential services or municipal facilities as
defined in § 350-2.1. Minimum setbacks for principal buildings as part of municipal facilities are the
same as other principal uses in table above and are the only dimensional lot requirements necessary
to be met.
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350 Attachment 8:1 Supp 11.5, Oct 2020
350 Attachment 8
City of Northampton
Table of Use and Dimensional Regulations
URC District
Description: Example Structures
Primarily residential
with range of building
and unit configurations
allowed: single, multi-
family, townhouse,
home businesses
allowed.
Some mixed uses and
institutional uses
allowed, see list.
Lot Dimension
Requirements Layout/Setbacks For All Uses
Lot Size
2,500 ft2 minimum
(min.) per unit
Frontage/Width = 50
feet min.
Depth = 75 feet min.
Setbacks
Front =10 feet min.
Side = 10 feet* min.
Side = 20 feet min. if
building taller than 40
feet
Side = 0 feet on one
side for zero lot line
Rear= 20 feet min.
Max. Height = 50 feet
See Educational Use
Overlay District for
other height
requirements within the
overlay.
Open Space = 30%
min.
20’ if building taller than 40’
NORTHAMPTON CODE
350 Attachment 8:2 Supp 11.5, Oct 2020
Design Standards Illustrated
Planning Board may waive, by site plan approval, elements 2, 3, 4 if it can be shown that a different design meets a
pedestrian-scale design that encourages public/private transition and interface (e.g., similar elements facing internal
courtyards or private streets)
1. If a garage or other
parking structure is
attached, it must be set
back 20 feet and the
garage/structure shall
comprise no more than
30% of the front facade
of the primary
structure.
2. Front doors must
face the street. For
units extending behind
front units, where
entries orient to the
side lot, 20-foot side
setback shall apply
unless other means to
create a buffer/private
outdoor space to
adjoining property are
approved by the
Planning Board.
Buildings must have a
covered entry.
Covered entry
20' 20' 20' 20' 10' 10'
10' 10'
street
Max. 30% of
total combined
area of facades
Max 30% of total
combined area of
facades
Connector elements must be
set back & include glazed
openings that face the street
Living space
above
DOESN’T FIT
Max. 30% of
total combined
area of facades
Living space above
Exceeds 30% of total
combined area of facades
Garage or Parking Structure
Area
Primary Structure
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350 Attachment 8:3 Supp 11.5, Oct 2020
3. For new buildings,
setback, scale, massing
should fit within the
block face.
4. Parking for more
than 5 cars shall be
distributed on the site
to minimize impact to
the neighborhood
character, which shall
be accomplished by
small groupings of
spaces surrounded by
landscaping or parallel
parking along a narrow
driveway to mimic an
alley. Driveways wider
than 15 feet shall be
visually buffered from
side lot lines through
setbacks or screening to
adequately block car
headlights.
Minimum parking for
residential uses
For other uses see table
in § 350-8.2.
1 space per 1,000 ft2 gross living area (round up). No more than 2 spaces required per unit.
Doesn’t fit
NORTHAMPTON CODE
350 Attachment 8:4 Supp 11.5, Oct 2020
URC USES ALLOWED
Uses Allowed By Right:
• Single-, two-, three-family multifamily, townhouses with six or fewer units
• Attached (to a single-family) accessory dwelling unit not to exceed 900 square feet gross living area.
See § 350-10.10. Same setback as for principal structures.
• Home business up to 25 visits per week as defined in § 350-2.1
• Zero lot line single-family; see § 350-10.14
• Accessory uses to residential:
Tag sales: temporary sales of personal and household articles
Pets/Animals (§ 350-5.3)
• Accessory structures, detached (but no larger than 1,000 ft2 of lot coverage or 3% of lot area,
whichever is greater, unless it is used for agricultural purposes). See also § 350-6.7. Setbacks:
Front: 20 feet
Side: 4 feet
Rear: 4 feet
• Family day care (registration w/Building Commissioner required)
• Preexisting nonconforming uses (may trigger ZBA permit)
• Cemetery
• Temporary event as defined in § 350-2.1
• Agriculture, horticulture, floriculture, noncommercial forestry, the growing of all vegetables and a
temporary (not to exceed erection or use for a period of four months in any one year) greenhouse or
stand for retail sale of agricultural or farm products raised primarily on the same premises
• Solar photovoltaic of any size, ground-mounted over any legal parking lot or driveway
• Municipal facility; facilities for essential services
• Bed-and-breakfast
• Short-term rental: allowed only upon annual registration with the City. Use as a registered rental is
only valid for the year in which registration is completed and expires December 31 each year.
Site Plan Approval Required for the Following:
• Any construction (other than for a single-family home) greater than 2,000 square feet
• The addition of a principal structure to a parcel where one already exists.
• Educational use: nonprofit, dormitories, any religious use, day care, school-aged child-care program
(MGL c. 28A, § 9) and historical association or society and nonprofit museum (may include the
residence of a caretaker). See also educational use overlay standards.
• Parking off-site and combined parking. See §§ 350-8.5 and 350-8.7.
• Creation or expansion of six or more parking spaces
• Parking lot access for nonresidential uses across a residential lot. See § 350-8.9.
• Parking requirement reduction. See § 350-8.10F.
• Residential shared driveways. See § 350-8.8, Expansion of parking by more than six spaces.
• Telecommunications antennas located on existing telecommunications towers or other structures
which do not require the construction of a new tower (in accordance with § 350-10.9)
• Reuse of historic educational or religious building(s) for any residential use, live/work space, or
office; provided, however, that no more than 20% of the floor space of the building(s) shall be used
for medical, banking or any offices where a primary function is to provide services to retail
customers or individuals. All such uses approved under this provision shall be within the footprint of
existing building(s) and may only be approved contingent upon protection of all historically
contributing portions of the building with an historic preservation restriction granted to the City of
Northampton in a form acceptable to the Planning Board, with input from the Historical
Commission, as preserving the key character-defining features visible from the road (and not
necessarily meeting federal or state preservation standards for the entire building). The existing
ZONING
350 Attachment 8:5 Supp 11.5, Oct 2020
building may be expanded to accommodate elevators and stairwells. Portions of the building that are
not part of the original architecture of the building and which do not contribute to the historical or
architectural significance of the building as determined by the Planning Board, with input from the
Historical Commission, may be demolished.
Special Permit Approval Required for the Following Uses by Planning Board Unless
Otherwise Noted:
• Detached accessory dwelling unit (see § 350-10.10—Zoning Board of Appeals special permit)
• Home business for personal service business by appointment only or home business more than 25
visits, etc. (see § 350-10.12 for other criteria—Zoning Board of Appeals special permit)
• Any multifamily or townhouse project creating seven or more units in one or more phases within a
five-year period. Any such project shall comply with the following:
A. Buildings and parking.
1) The first row of buildings along a street shall face the street and add to the streetscape.
There shall not be any parking, except incidental to a driveway or roadway, between
the first row of buildings and the street. Parking shall be located behind buildings or
designed otherwise to minimize view from the public street.
2) The area between the property and the road pavement shall be made to be pedestrian
friendly, with sidewalks, street furniture, trees and other vegetation, all of which shall
be in conformance with City standards. All landscaping incorporated as part of the
applicant’s design between the street and the building(s) shall facilitate and enhance
the pedestrian use of sidewalks and other areas adjacent to the building. Such
streetscape may include rebuilding by the applicant, as necessary, of granite curbs,
ADA-compliant concrete sidewalks, tree belts, and drainage improvements
incorporating low-impact development standards for any necessary drainage
improvements triggered by these changes.
3) Buildings that abut existing residential properties shall incorporate building
articulation alongside facades. Building projections shall be incorporated for any side
façade that is longer than 30 feet.
4) Front facades shall have setbacks consistent with other buildings within the block or
provide a different setback that is necessary to address any natural resources
constraints.
B. Streets and roadways.
1) Projects shall connect to all surrounding neighborhoods with bicycle and pedestrian
access to the extent possible.
a) For projects that have more than one vehicular access, driveways and roadways
shall internally and externally connect to each other and dead-end streets shall be
avoided whenever possible. Dead-end roadways and driveways shall never
exceed 500 feet and, to the extent possible, must include a bicycle and pedestrian
connection from the dead-end street to a street, common area, park or civic space.
b) For projects that have a single vehicular access, such access shall not exceed 500
feet and pedestrian access shall also be provided directly from any street to
residential units.
2) The design standards for the length of dead-end streets, protection of natural features,
sidewalks, wheelchair ramps, landscaping, utilities, and the construction method and
materials for water lines, sanitary sewers, storm sewers, fire protection, sidewalks,
private roads and other infrastructure shall be those set forth in Chapter 290,
Subdivision of Land. These standards shall apply even for private roadways and
driveways that are not part of a subdivision, unless waived by the Planning Board.
3) Driveways and private roadways shall be designed to function as private alleys, or
shared streets with pedestrians and cyclists, and engineered to keep speeds below 15
NORTHAMPTON CODE
350 Attachment 8:6 Supp 11.5, Oct 2020
miles per hour, or yield streets with separate sidewalks as shown in the subdivision
regulations. Such sidewalks shall connect to sidewalks along adjacent streets.
4) Vehicular access shall connect to surrounding streets as appropriate to ensure safe and
efficient flow of traffic within the surrounding neighborhood and to mitigate increases
in traffic on nearby streets.
5) Preexisting paths historically used as bicycle and pedestrian trails shall be preserved
to the extent possible and marked with appropriate signage.
C. Park space.
1) All projects shall include a park/common area fully designed and constructed to be
integrated into the project, which area shall be easily accessible and available for
residents of the project. At a minimum, this space shall be 300 square feet or 30
square feet per dwelling unit of buildable land area, whichever is greater.
2) All such space shall be contiguous unless waived by the Planning Board upon finding
that it is in the public interest and consistent with the intent and purpose of this
section.
D. Environment and energy. Buildings shall meet one of the following environmental
standards:
1) Home Energy Rating System (HERS) rating for the building envelope at least 25%
lower than the current municipal standard at the time the special permit is requested,
but in no event shall the HERS rating be greater than 47 for units of 1,200 square feet
or less, and no greater than 41 for units larger than 1,200 square feet. Alternatively,
for units of 1,200 square feet or less, the Planning Board may consider a comparable
energy standard to the HERS rating of 47 after consultation with the Building
Commissioner.
2) U.S. Green Building Council LEED New Construction Gold or Neighborhood
Development Gold Certified.
E. Size, access and affordability.
1) Buildings shall meet one of the following standards:
a) 11% of the units shall be “affordable units” as that term is defined in § 350-2.1 of
the Code of the City of Northampton; or
b) Contain 25% or more of the units no larger than 1,200 square feet gross floor
area.
2) Equal access. All projects shall provide equal access to all building amenities, park
and civic space and public entrances to buildings to residents of both affordable and
non-affordable units.
F. Internet connectivity. All projects that include infrastructure making internet connectivity
available shall do so without differences in quality, capacity or speed to residents of both
affordable and non-affordable units.
• Educational use: private for-profit colleges, schools, etc.
• Mixed-use buildings/lots, live/work (mixed residential/work)—All uses may be on any floor;
business uses are limited to miscellaneous professional and business offices and shall not include
banking, real estate and insurance offices or retail, personal and consumer service establishments,
medical doctors, dentists or chiropractors.
• Community center
• Nursing homes, assisted living
• Lodging house
• Halfway house
• Membership club operated as a not-for-profit corporation, as defined by MGL c. 180, excluding any
adult establishments which display live nudity
• Filling of any land. See § 350-10.4.
• Filling of water or wet area. See § 350-10.3.
ZONING
350 Attachment 8:7 Supp 11.5, Oct 2020
• Funeral establishment
• Crematory meeting accessory structure setbacks
• Year-round greenhouse/stand for wholesale and retail sale of agricultural farm products raised on-
site
• New telecommunications facilities (in accordance with §§ 350-2.1 and 350-10.9)
• Accessory solar photovoltaic ground-mounted on a parcel with any building or use, between 8 KW
or over 100% but no more than 200% of the annual projected electric use of the non-PV building or
use; same setbacks as for detached accessory structures
• Private utility, substation or district utility
• Heavy public use—City Council special permit
* No minimum lot size, depth, or frontage required for essential services or municipal facilities as
defined in § 350-2.1. Minimum setbacks for principal buildings as part of municipal facilities are the
same as other principal uses in table above and are the only dimensional lot requirements necessary
to be met.
ZONING
350 Attachment 9
City of Northampton
Table of Use, Dimensional and Density Regulations
CENTRAL BUSINESS DISTRICT (CB)
Uses Allowed by Right-combinations are
permitted, including accessory uses, structures
and share driveways (unless otherwise noted)
If checked, site plan
approval required by
Planning Board
See § 350-11.1 (new
construction of 2,000+
triggers site plan)
If checked, special
permit approval
required by
designated board
Dimensions
(same for all uses)
Landscaping
(same for
all uses)
Minimum
Parking
(same for
all uses)
Building
Design
(same for
all uses)
All retail, retail marijuana,1 wholesale and business
sales and supply of goods and services
Lot size = 0
Frontage/Width/Depth = 0
Setbacks:
Front = Maximum 5 feet
Side = 0
Rear = 0
Minimum height = 30 feet
Maximum height = 70 feet
The Planning Board may grant
a special permit to allow a
building to be set farther back
or to a lower height if it finds
that a greater setback or lower
height is necessary to preserve
historic buildings or character,
allow for urban pedestrian
malls that encourage street-
level activity, or that proposed
construction is a minor
addition to an existing
building. (See diagram.)
Landscaping and pedestrian
malls or plazas shall be
constructed between the
building and the front lot line,
and no parking is permitted in
this area. In the CBD, these
mall and plaza areas qualify as
open space.
Open space: see landscape/
screening
Site/Parking lot
landscaping: See
§ 350-8.9 for
additional land-
scaping
A 30-foot-wide
buffer strip shall be
planted along the
boundary with any
residentially zoned
lot. It shall contain a
screen of plantings of
vertical habit in the
center of the strip not
less than three feet in
height at the time of
occupancy of such
lot. Individual shrubs
shall be planted not
more than five feet
on center, and
individual trees
thereafter shall be
maintained by the
owner or occupants
so as to maintain a
visually impervious
screen (upon
planting) year-round.
At least 50% of the
plantings shall be
evenly spaced.
The buffer may be
reduced to a min-
imum 20-foot width
if the Planning Board
finds that a sight-
impervious wall or
fence will be erected
of appropriate
0*
See also
§§ 350-8.2
through 350-
8.11 for
location,
construction,
layout, require-
ments for
parking lots.
*Note: No new
parking re-
quired for any
reuse or new
construction,
except in the
case of new
footprint/con-
struction for
theaters,
churches,
gyms, places of
public
assembly with
seating, hotels/
motels and/or
nightclubs. See
table in § 350-
8.1C for re-
quirements.
See Central
Business
Archi-
tecture
review
criteria,
Chapter
156
Office (drive-through only allowed by special
permit)
Office with drive-through √√ Planning Board
Restaurant (drive-through not allowed), bar,
entertainment, community center
Hotel/Motel
Trades, artist’s space
Temporary event
Health/Athletic club, indoor recreation, membership
club operated for profit or nonprofit
Any residential use above the first floor, any
residential use located to the rear of otherwise
permitted nonresidential uses that occupy a space at
least 20 feet deep, and any residential use on a
property which does not abut on a public way or
public park (however, not classifying rail trails as
public parks) maintained by the City. Home
businesses are considered residential uses for these
purposes.
Commercial or public parking facility or the addition
of 6 or more parking spaces √
Single or multimodal passenger terminal
Facilities for essential services, municipal facility
Education, religious use, day care, school-aged
child-care program (MGL c. 28A, § 9), family day
care (with registration with Building
Commissioner); historical association, and nonprofit
museum (residence of a caretaker must be above
first floor only)
Agricultural uses
Telecommunication antennas on existing towers or
other structures which do not require the
construction of a new tower (in accordance with
§ 350-10.9)
√
350 Attachment 9:1 Supp 11, Dec 2019
NORTHAMPTON CODE
CENTRAL BUSINESS DISTRICT (CB)
Uses Allowed by Right-combinations are
permitted, including accessory uses, structures
and share driveways (unless otherwise noted)
If checked, site plan
approval required by
Planning Board
See § 350-11.1 (new
construction of 2,000+
triggers site plan)
If checked, special
permit approval
required by
designated board
Dimensions
(same for all uses)
Landscaping
(same for
all uses)
Minimum
Parking
(same for
all uses)
Building
Design
(same for
all uses)
materials and
sufficient height to
screen abutting
properties and will
provide at least as
Veterinary hospital in which all animals are kept
inside permanent buildings
Private utility substation or similar facility or
building √
Power plant and/or district utility √√ Planning Board
New telecommunications structures/facilities (in
accordance with §§ 350-2.1 and 350-10.9)√√ Planning Board
Research and development facilities √
See above.
Existing trees and
ground cover should
be preserved in this
strip, reducing the
need to plant
additional trees.
Trees may not be cut
down in this strip
without site plan
approval.
All landscaping shall
be maintained in a
healthy growing
condition, neat and
orderly in
appearance, and free
of refuse and debris.
All plantings shall be
arranged and
maintained so as to
not obscure the
vision of traffic.
See above. See above.
More than one curb cut (>1 existing may remain
unless change of use triggers site plan)√√ Planning Board
Access to parking over residential lot; see § 350-8.9 √√ Planning Board
Rooftop solar hot water and photovoltaic N/A None 0 None.
Install-
ations must
be main-
tained in
good
condition
Solar photovoltaic of any size, ground-mounted:
1. Over any legal parking lot or driveway;
2. At any landfill site not separated from the site-
assigned property by any road; and
3. At an airport not separated from the runways by
any road.
√Same setbacks as setbacks
for other accessory
buildings in the district
Sufficient land-
scaping within the
setbacks to
provide effective
visual separation
350 Attachment 9:2 Supp 11, Dec 2019
ZONING
CENTRAL BUSINESS DISTRICT (CB)
Uses Allowed by Right-combinations are
permitted, including accessory uses, structures
and share driveways (unless otherwise noted)
If checked, site plan
approval required by
Planning Board
See § 350-11.1 (new
construction of 2,000+
triggers site plan)
If checked, special
permit approval
required by
designated board
Dimensions
(same for all uses)
Landscaping
(same for
all uses)
Minimum
Parking
(same for
all uses)
Building
Design
(same for
all uses)
with
painting,
structural
repairs and
security
maintained
and
facilities no
longer
being used
dismantled
within 90
days.
Accessory solar photovoltaic ground-mounted on a
parcel with any building or use, provided that the PV
is sized to generate no more than 200% of the annual
projected electric use of the non-PV building or use
√Setbacks:
Front = 50 feet
Side = 50 feet
Rear = 50 feet
And such open space as
applies to the principal
building
See above 0
Reuse of an historic educational or religious building
for any residential use on the ground floor or any
other commercial use not otherwise allowed in the
district, provided that such use is within the footprint
of the existing building. The existing building may
be expanded to accommodate elevators and
stairwells, provided that all historically contributing
portions of the building are retained and covered
with an historic preservation restriction granted to
the City of Northampton in a form acceptable to the
Planning Board, with input from the Historical
Commission, as preserving the key character-
defining features visible from the road (and not
necessarily meeting federal or state preservation
standards for the entire building). Portions of the
building that are not part of the original architecture
of the building and which do not contribute to the
historical or architectural significance of the
building as determined by the Planning Board, with
input from the Historical Commission, may be
demolished.
√
Medical marijuana √
Any marijuana independent testing laboratory or
other testing labs only when located below grade,
above the first floor or behind a street-front unit
reserved for an allowed commercial use, which is at
least 30 feet deep, or in a building that does not abut
on a public way maintained by the City.
350 Attachment 9:3 Supp 11, Dec 2019
NORTHAMPTON CODE
CENTRAL BUSINESS DISTRICT (CB)
Uses Allowed by Right-combinations are
permitted, including accessory uses, structures
and share driveways (unless otherwise noted)
If checked, site plan
approval required by
Planning Board
See § 350-11.1 (new
construction of 2,000+
triggers site plan)
If checked, special
permit approval
required by
designated board
Dimensions
(same for all uses)
Landscaping
(same for
all uses)
Minimum
Parking
(same for
all uses)
Building
Design
(same for
all uses)
Short-term rentals. Such rentals must be registered
with the City and are only valid for the year in which
registration is completed and expire December 31
each year.
Notes:
1 No establishment shall be located within 200 feet of a preexisting public or private school providing education in kindergarten or any of grades 1 through 12. Building facades and
property must be consistent with the character of the neighborhood, including such items as transparent storefront windows with a view into the interior of the building. Security measures
must appear from the outside of the building to be consistent with the character of the neighborhood.
350 Attachment 9:4 Supp 11, Dec 2019
ZONING
350 Attachment 10
City of Northampton
Table of Use, Dimensional and Density Regulations
ENTRANCEWAY BUSINESS DISTRICT (EB)
Allowed Uses (by right unless otherwise noted) -
any mix or their accessory uses/structures,
including common drives
If checked, site plan
approval required by
Planning Board
See § 350-11.1 (new
construction of 2,000+
triggers site plan)
If checked, special
permit approval
required by
designated board
Dimensions
(same for all uses)
Landscaping
(same for
all uses)
Minimum
Parking
(same for
all uses)
Building/
Site Design
(applies to
all façade
and roof
changes)
All retail, retail marijuana,1 wholesale and business
sales and supply of goods and services.
Establishments with drive-through component are
not allowed.
Minimum lot size = 0
Frontage/Width/Depth = 0
Setbacks:
Front = 0*
Side = 0
Rear = 0
Minimum height = 20 feet
Maximum height = 65 feet
Open space = N/A (see land-
scape/screening)
* No parking allowed between
street and building and the
horizontal plan extended from
the building running parallel to
the sidewalk.
Along street:
When building abuts
sidewalk, no landscaping
between building and
sidewalk; otherwise,
minimum 8-foot buffer
as stated below (w/o
trees) or plaza are
required between
sidewalk and building
AND
A 10-foot-deep planted
buffer between sidewalk
and parking lot shall
include 1 shade tree per
25 feet of lot frontage in
addition to mix of
shrubs, grasses,
perennials, seating, etc.
Turf grasses only
allowed by Planning
Board site plan approval.
Sustainable, no-mow
grasses are strongly
encouraged. Screening
shall be at least 3 feet
high upon planting to
screen car grills. See
City list for shade trees.
http://www.northampton
ma.gov/planbd/
Parking lots shall be
designed to prevent
bumpers from
overhanging 10-foot
buffer. Additionally, to
accommodate increased
pedestrian traffic when
site plan is triggered, a
10-foot cement concrete
sidewalk shall be
constructed along the
length of the property in
the right-of-way unless
otherwise waived by the
Planning Board for
Based on
footprint/GFA in
accord with table
§ 350-8.1
One bike rack
per 10 parking
spaces up to 15
required (indoor
or outdoor).
Storage must
allow locking of
bicycles to racks
or inside storage
containers.
See remaining
portion of § 350-8
for other
provisions to
share or reduce
parking.
No additional
off-street parking
is required for:
(1) Continued use
or reuse of
existing buildings,
as long as that use
or reuse does not
increase the total
floor area within
the building nor
include outside
storage of cars for
sale or rent.
(2) The
replacement of
existing finished
floor space and
Any proposed
landscaping
and pedestrian
malls or plazas
shall be
constructed
between the
building and
the front lot
line, but may
wrap around
the side of the
building.
All facades
visible from a
public way
shall comply
with the
following:
Street façade
shall include a
door facing the
street or on the
corner of the
building.
Windows and
doors shall
comprise at
least 30% of
each floor’s
front wall
unless other
projections or
elements are
used to
enhance the
pedestrian
experience.
Facades
facing
residential
districts shall
Office with drive-through component √√ Planning Board
Office (no drive-through)
Restaurant (drive-through not allowed), bar,
entertainment, community center
Hotel/Motel
Health/Athletic club, indoor recreation, membership
club operated for profit or nonprofit
Any residential use above the first floor, home
office/occupation
Commercial or public parking lot or structure,
passenger terminal/stand √
Facilities for essential services, municipal facility
Education, religious use, day care, school-aged
child-care program (MGL c. 28A, § 9), family day
care (with registration with Building
Commissioner); historical association, and nonprofit
museum (residence of a caretaker above first floor
only)
Agricultural uses; horses and animals as accessory
uses in accordance with § 350-5.3
Tradesman, artist’s space
Temporary event
Funeral establishment
Veterinary hospital in which all animals are kept
inside permanent buildings
Access to parking over residential lot; see § 350-8.9 √√ Planning Board
Addition of 6 or more parking spaces √
Automotive repair (not junkyard) without gasoline
sales √
350 Attachment 10:1 Supp 11, Dec 2019
NORTHAMPTON CODE
ENTRANCEWAY BUSINESS DISTRICT (EB)
Allowed Uses (by right unless otherwise noted) -
any mix or their accessory uses/structures,
including common drives
If checked, site plan
approval required by
Planning Board
See § 350-11.1 (new
construction of 2,000+
triggers site plan)
If checked, special
permit approval
required by
designated board
Dimensions
(same for all uses)
Landscaping
(same for
all uses)
Minimum
Parking
(same for
all uses)
Building/
Site Design
(applies to
all façade
and roof
changes)
intermediate site plan
projects.
Site/Parking Lot
Landscaping:
See also § 350-8.9 for
additional required items
in parking lots.
Landscaped islands
constructed to meet the
requirements of § 350-
8.9 shall include the
following as part of
meeting the 1 share tree
per 15 parking spaces
tree planting:
1) One shade tree per
15 parking spaces;
2.5-inch caliper at
planting.
2) Shrubs, ground
cover, grasses,
flowers ranging up to
3 feet in height.
Islands shall primarily
contain vegetation
and/or sidewalk. Mulch,
stone, etc. only used as
secondary material.
Engineered rain gardens
or other green
infrastructure elements
are strongly encouraged
for these islands.
unfinished
basements on the
same parcel with
site plan approval
(but no increase in
net floor space).
(3) Municipal
facilities or
projects.
Parking shall not
be located within
10 feet of front lot
line.
be designed to
minimize
impacts and
noise,
including
special care to
enclose HVAC
or other
accessory
equipment.
For buildings
less than 30
feet high, roof
lines should
have a
minimum pitch
of 5:12 unless
approved
otherwise by
the Planning
Board.
Telecommunications antennas which are located on
existing telecommunications towers or other
structures which do not require the construction of a
new tower (in accordance with § 350-10.9)
√
More than one curb cut (more than one existing may
remain unless change of use triggers site plan)√√ Planning Board
Automotive service station (not junkyard) with or
without convenience commercial, selling leasing
renting automobiles and/or used automobiles and
trucks, new automobile tires and other accessories,
boats, motorcycles and household and camping
trailers
√√ Planning Board
Private utility, substation or similar facility or
building √
Power plant or district utility √√ Planning Board
New telecommunications structures/facilities (in
accordance with §§ 350-2.1 and 350-10.9)√√ Planning Board
Buffer to Residential
Districts:
A 30-foot-wide buffer
strip shall be planted
along the boundary with
any residentially zoned
lot. It shall contain a
screen of plantings of
vertical habit in the
center of the strip not
less than 3 feet in width
and 6 feet in height at
the time of occupancy of
such lot.
350 Attachment 10:2 Supp 11, Dec 2019
ZONING
ENTRANCEWAY BUSINESS DISTRICT (EB)
Allowed Uses (by right unless otherwise noted) -
any mix or their accessory uses/structures,
including common drives
If checked, site plan
approval required by
Planning Board
See § 350-11.1 (new
construction of 2,000+
triggers site plan)
If checked, special
permit approval
required by
designated board
Dimensions
(same for all uses)
Landscaping
(same for
all uses)
Minimum
Parking
(same for
all uses)
Building/
Site Design
(applies to
all façade
and roof
changes)
Individual shrubs shall
be planted not more than
5 feet on center, and
individual trees
thereafter shall be
maintained by the owner
or occupants so as to
maintain a visually
impervious screen (upon
planting) year-round. At
least 50% of the
plantings shall be evenly
spaced.
The buffer may be
reduced to a minimum
20-foot width if the
Planning Board finds
that a site-impervious
wall or fence will be
erected of appropriate
materials and sufficient
height to screen abutting
properties and will
provide at least as much
mitigation as the
vegetated barrier
described above.
Existing trees and
ground cover should be
preserved in this strip,
reducing the need to
plant additional trees.
Trees may not be cut
down in this strip
without site plan
approval.
All landscaping shall be
maintained in a healthy
growing condition, neat
and orderly in
appearance, and free of
refuse and debris. All
plantings shall be
arranged and maintained
so as to not obscure the
vision of traffic.
350 Attachment 10:3 Supp 11, Dec 2019
NORTHAMPTON CODE
ENTRANCEWAY BUSINESS DISTRICT (EB)
Allowed Uses (by right unless otherwise noted) -
any mix or their accessory uses/structures,
including common drives
If checked, site plan
approval required by
Planning Board
See § 350-11.1 (new
construction of 2,000+
triggers site plan)
If checked, special
permit approval
required by
designated board
Dimensions
(same for all uses)
Landscaping
(same for
all uses)
Minimum
Parking
(same for
all uses)
Building/
Site Design
(applies to
all façade
and roof
changes)
Reuse of an historic educational or religious building
for any residential use on the ground floor or any
other commercial use not otherwise allowed in the
district, provided that such use is within the footprint
of the existing building. The existing building may
be expanded to accommodate elevators and
stairwells, provided that all historically contributing
portions of the building are retained and covered
with an historic preservation restriction granted to
the City of Northampton in a form acceptable to the
Planning Board, with input from the Historical
Commission, as preserving the key character-
defining features visible from the road (and not
necessarily meeting federal or state preservation
standards for the entire building). Portions of the
building that are not part of the original architecture
of the building and which do not contribute to the
historical or architectural significance of the
building as determined by the Planning Board, with
input from the Historical Commission, may be
demolished.
√
Medical marijuana √
Any marijuana independent testing laboratory or
other testing labs only when located below grade,
above the first floor or behind a street-front unit
reserved for an allowed commercial use, which is at
least 30 feet deep, or in a building that does not abut
on a public way maintained by the City.
Short-term rentals. Such rentals must be registered
with the City and are only valid for the year in which
registration is completed and expire December 31
each year.
Notes:
1 No establishment shall be located within 200 feet of a preexisting public or private school providing education in kindergarten or any of grades 1 through 12. Building facades and
property must be consistent with the character of the neighborhood, including such items as transparent storefront windows with a view into the interior of the building. Security measures
must appear from the outside of the building to be consistent with the character of the neighborhood.
350 Attachment 10:4 Supp 11, Dec 2019
ZONING
350 Attachment 12
City of Northampton
Table of Use, Dimensional and Density Regulations
HIGHWAY BUSINESS DISTRICT (HB)
Allowed Uses (by right unless otherwise noted) -
any mix or their accessory uses/structures,
including common drives
If checked, site plan
approval required by
Planning Board
See § 350-11.1 (new
construction of 2,000+
triggers site plan)
If checked, special
permit approval
required by
designated board
Dimensions
(same for all uses)
Landscaping
(same for
all uses)
Minimum
Parking
(same for
all uses)
Building
Design
(same for
all uses)
All retail, retail marijuana,1 wholesale and business
sales and supply of goods and services (retail above
90,000 square feet not allowed)
Lot size = 0
Frontage = 0
Setbacks:
Front = 0; measured
from beyond a required
10-foot tree belt, 6-foot
sidewalk
Side = 0
Rear = 0
Minimum height = 20 feet
Maximum height = 65 feet
Open space: see landscape/
screening requirements
Width/Depth = 0
See Design
Standards below for
required treatment
for curb to
developed area
0
As part of site
plan, applicant
must show
plan for park-
ing
1 bike rack per
10 parking
spaces up to
15 required
(indoor or
outdoor).
Storage must
allow locking
of bicycles to
racks or inside
storage con-
tainers.
See also
§§ 350-8.2
through 350-
8.11 for
location, con-
struction, lay-
out, require-
ments for lots.
If off-street
loading is
necessary, it
must be shown
on any site
plan sub-
mission that
might other-
See
standards
below.
Applicable
for all
projects that
trigger site
plan review.
The
Planning
Board may
waive any
or all for
intermediate
site plan
projects.
Office
Restaurant, bar, entertainment
Drive-through establishments, including restaurants
with drive-through windows and other uses with a
drive-through function
√
Temporary event
Artist space, trades
Research and development facilities
Hotel/Motel
Health/Athletic club, indoor recreation, membership
club operated for profit or nonprofit
Adult establishments which display live or private
booth nudity and adult establishments with adult
material. See § 350-10.13. No portion of such use
shall be less than 500 feet from any church/house of
worship, day-care center, park, playground, school,
residence or other adult establishment.
√√ Planning Board
Outdoor commercial recreation use √
Residential use above the first floor, home
office/occupation
Commercial or public parking facility or the addition
of 6 or more parking spaces √
Single or multimodal passenger terminal
Municipal facility
Manufacturing, motor freight terminal and
warehousing associated with adjacent commercial
and industrial uses
√
Facilities for essential services
Veterinary hospital in which all animals are kept
inside permanent buildings
Automotive repair (not junkyard) or service with or
without convenience commercial √
350 Attachment 12:1 Supp 11, Dec 2019
NORTHAMPTON CODE
HIGHWAY BUSINESS DISTRICT (HB)
Allowed Uses (by right unless otherwise noted) -
any mix or their accessory uses/structures,
including common drives
If checked, site plan
approval required by
Planning Board
See § 350-11.1 (new
construction of 2,000+
triggers site plan)
If checked, special
permit approval
required by
designated board
Dimensions
(same for all uses)
Landscaping
(same for
all uses)
Minimum
Parking
(same for
all uses)
Building
Design
(same for
all uses)
wise be re-
quired.
(See above.)
Telecommunication antennas on existing towers or
other structures which do not require the
construction of a new tower (in accordance with
§ 350-10.9)
√
New telecommunications structures/facilities (in
accordance with §§ 350-2.1 and 350-10.9)√√ Planning Board
New commercial structures or substantial
improvements in FP, meeting all requirements under
the State Building Code, Wetlands Protection Act,
and City ordinances
√
Educational, religious use, day-care, school-aged
child-care program (MGL c. 28A, § 9), family day
care (with registration with Building
Commissioner); historical association and nonprofit
museum (residence of a caretaker must be above
first floor)
Agricultural uses
Indoor junk cars, motor vehicle accessories, scrap
metal. See § 350-8.8L.√
Private utility, substation, or similar facility or
building √
Storage of a fluid other than water (as principal use)√
More than one curb cut (>1 existing may remain
unless change of use triggers site plan)√√ Planning Board
Access to parking over residential lot; see § 350-8.9 √√ Planning Board
350 Attachment 12:2 01 - 01 - 2019
ZONING
HIGHWAY BUSINESS DISTRICT (HB)
Allowed Uses (by right unless otherwise noted) -
any mix or their accessory uses/structures,
including common drives
If checked, site plan
approval required by
Planning Board
See § 350-11.1 (new
construction of 2,000+
triggers site plan)
If checked, special
permit approval
required by
designated board
Dimensions
(same for all uses)
Landscaping
(same for
all uses)
Minimum
Parking
(same for
all uses)
Building
Design
(same for
all uses)
Reuse of an historic educational or religious building
for any residential use on the ground floor or any
other commercial use not otherwise allowed in the
district, provided that such use is within the footprint
of the existing building. The existing building may
be expanded to accommodate elevators and
stairwells, provided that all historically contributing
portions of the building are retained and covered
with an historic preservation restriction granted to
the City of Northampton in a form acceptable to the
Planning Board, with input from the Historical
Commission, as preserving the key character-
defining features visible from the road (and not
necessarily meeting federal or state preservation
standards for the entire building). Portions of the
building that are not part of the original architecture
of the building and which do not contribute to the
historical or architectural significance of the
building as determined by the Planning Board, with
input from the Historical Commission, may be
demolished.
√
Medical marijuana √
Any marijuana independent testing laboratory or
other testing labs only when located below grade,
above the first floor or behind a street-front unit
reserved for an allowed commercial use, which is at
least 30 feet deep, or in a building that does not abut
on a public way maintained by the City.
Short-term rentals. Such rentals must be registered
with the City and are only valid for the year in which
registration is completed and expire December 31
each year.
Notes:
1 No establishment shall be located within 200 feet of a preexisting public or private school providing education in kindergarten or any of grades 1 through 12. Building facades and
property must be consistent with the character of the neighborhood, including such items as transparent storefront windows with a view into the interior of the building. Security measures
must appear from the outside of the building to be consistent with the character of the neighborhood.
350 Attachment 12:3 Supp 11, Dec 2019
ZONING
350 Attachment 15
City of Northampton
Table of Use and Dimensional Regulations
GI Industrial District
Description:Example Structures
Primarily manu-
facturing, back office,
research and develop-
ment, non-retail-
oriented business;
warehousing
Lot Dimension
Requirements Layout/Setbacks for All Uses
Lot Size: 0 feet
Frontage/Width/Depth:
0 feet
Setbacks
Front = 20 feet min.
Side = 15 feet min.
Rear= 20 feet min.
Max. Height = 45 feet
Open Space = 20%
Site/Parking Lot
Landscaping See § 350-6.5 and § 350-8.9 for additional landscaping, parking lot buffers to residential.
Minimum parking See also §§ 350-8.2 through 350- 8.11 for location, construction, and layout requirements for
parking lots and bicycle storage.
350 Attachment 15:1 Supp 11, Dec 2019
NORTHAMPTON CODE
GI USES ALLOWED
Uses Allowed By Right:
All manufacturing
Wholesale trade and distribution
Non-retail sales and supply of goods/services
Accessory uses to allowed uses: eating facilities, and retail sales, when not more than 10% of the
gross floor area is devoted to sales and sales are limited to goods produced or distributed by the
principal use
Research and development
Trades
Industrial warehousing not associated with or accessory to another use up to a maximum of 25,000
square feet (no retail storage allowed)
Non-medical office/corporate back office , not including banks and law offices, or real estate offices
Motor freight terminal/warehousing associated with adjacent commercial/industrial uses
Artist’s space (nonresidential)
Single or multimodal passenger terminal, yards and rail freight service
Temporary event
Facilities for essential services, municipal facility
Educational, religious use, day care, school-aged child-care program (MGL c. 28A, § 9), family day
care (with registration with Building Commissioner), historical association, and nonprofit museum
(residence of a caretaker above first floor only), agricultural uses
Land and/or work within WSP-O:
1. Lot size: 40,000 square feet
2. Frontage/Width: 120 feet
3. Depth: 140 feet
4. Setbacks:
Front: 20 feet
Side: 15 feet
Rear: 20 feet
5. Maximum height: 45 feet
6. Open space: 85%
Private bridge, tunnel
Rooftop solar hot water and photovoltaic
Solar photovoltaic of any size, ground-mounted over any legal parking lot or driveway
Accessory solar photovoltaic ground-mounted on a parcel with any building or use, provided that the
PV is sized to generate no more than 200% of the annual projected electric use of the non-PV
building or use.
Marijuana manufacturing. All facilities must incorporate both high-efficiency particulate air handlers
with activated carbon filters and exhaust systems designed with vents that force the air at least 10
feet above the roofline of the building. Alternatively, other technology may be used upon finding by
the Planning Board through site plan approval process that such other technology will, to the extent
practicable, limit odors from marijuana in any place where the public or clients are present.
Site Plan Approval required for the following:
Contractor’s yard, open storage of raw materials, finished goods, or construction equipment and
structures for storing such equipment, provided that outside storage areas shall be screened from
outside view
Commercial or public parking lot or structure
Parking lot creation or expansion of more than 6 spaces, passenger terminal
Telecommunication antennas on existing towers or other structures which do not require the
construction of a new tower (in accordance with § 350-10.9)
350 Attachment 15:2 Supp 11, Dec 2019
ZONING
New commercial structures or substantial improvements in FP, meeting all requirements under the
State Building Code, Wetlands Protection Act, and City ordinances
1. Lot size: 40,000 square feet
2. Frontage/Width: 120 feet
3. Depth: 140 feet
4. Setbacks:
Front: 20 feet
Side: 15 feet
Rear: 20 feet
5. Maximum height: 45 feet
6. Open space: 85%
Parking requirement reduction. See § 350-8.10F.
Private utility, substation or district utility, small-scale hydroelectric generation or ground-mounted
PV array of any size, including accessory PV (buffers to residential districts abutting site shall be
incorporated). PV installations must be maintained in good condition with painting, structural repairs
and security maintained and facilities no longer being used dismantled within 90 days.
Telecommunication antennas (cellular phone) located on existing telecommunications towers or
other structures which do not require the construction of a new tower (in accordance with § 350-
10.9)
Commercial motor vehicle maintenance, garaging and parking facilities (Outside parking shall be
screened from public view.)
Special Permit Approval required for the following uses by Planning Board unless otherwise
noted:
New telecommunications structures/facilities (in accordance with §§ 350-2.1 and 350-10.9)
Membership club (for-profit or nonprofit)/ health athletic club, indoor recreation, community center
Heavy public use. See § 350-10.7. City Council Special Permit
Auto repair (no gas sales), junk cars, motor vehicle accessories, scrap metal, liquid storage (other
than water)
Access to parking over residential lot; see § 350-8
Bus passenger terminal and taxi facilities, heliport
Processing and treating of raw materials, including operations appurtenant to the taking, such as
grading, drying, sorting, crushing, grinding and milling operations
Removal of sand, gravel, quarry, or other raw material. See § 350-10.3.
Storage of a fluid other than water (as principal use)
350 Attachment 15:3 Supp 11, Dec 2019
ZONING
350 Attachment 16
City of Northampton
Table of Use and Dimensional Regulations
OI Office Industrial District
Description:Example Structures
Primarily back office,
manufacturing,
research and
development, non-
retail-oriented business.
Flexible reuse of
historic mill buildings.
350 Attachment 16:1 Supp 11, Dec 2019
NORTHAMPTON CODE
Lot Dimension
Requirements Layout/Setbacks for All Uses
Lot Size: 0 feet
Frontage/Width/Depth:
0 feet
Setbacks
Front = 20 feet min.
Side = 15 feet min.
Rear= 20 feet min.
Max. Height = 45 feet
Open Space = 20%
Site/Parking Lot
Landscaping See § 350-6.5 and § 350-8.9 for additional landscaping, parking lot buffers to residential.
Minimum parking
For buildings built prior to 1939, no additional parking required for the reuse of buildings.
Parking calculated only for expansion of footprint. Other buildings, in accordance with the
Table in § 350-8.2, based on use. See also §§ 350-8.2 through 350- 8.11 for location,
construction, and layout, requirements for parking lots and bicycle storage.
1 space per 1,000 square feet gross living area (round up). No more than 2 spaces required per
unit.
350 Attachment 16:2 Supp 11, Dec 2019
ZONING
OI USES ALLOWED
Uses Allowed By Right:
All manufacturing
Wholesale trade and distribution
Non-retail sales and supply of goods/services
Accessory uses to allowed uses: eating facilities, and retail sales, when not more than 10%
of the gross floor area is devoted to sales and sales are limited to goods produced or
distributed by the principal use
Research and development
Trades
Any residential use - only above the first floor
Within buildings built prior to 1939: restaurants, entertainment, commercial recreation,
health/athletic club, retail, banking, repair services, community center
Medical office allowed only in:
1. Buildings with medical use in existence as of January 1, 2010; or
2. Up to 50% of any building built prior to 1939
Any other office, except banks
Artist’s space
Mixed residential/work space, with all residential use above the first floor
Single or multimodal passenger terminal, yards and rail freight service
Marijuana manufacturing. All facilities must incorporate both high-efficiency particulate air
handlers with activated carbon filters and exhaust systems designed with vents that force
the air at least 10 feet above the roofline of the building. Alternatively, other technology
may be used upon finding by the Planning Board through site plan approval process that
such other technology will, to the extent practicable, limit odors from marijuana in any
place where the public or clients are present.
Temporary event
Facilities for essential services, municipal facility
Educational, religious use, day care, school-aged child-care program (MGL c. 28A, § 9),
family day care (with registration with Building Commissioner), historical association, and
nonprofit museum (residence of a caretaker above first floor only), agricultural uses
Land and/or work within WSP-O:
1. Lot size: 40,000 square feet
2. Frontage/Width: 120 feet
3. Depth: 140 feet
4. Setbacks:
Front: 20 feet
Side: 15 feet
Rear: 20 feet
5. Maximum height: 45 feet
6. Open space: 85%
Rooftop solar hot water and photovoltaic
Solar photovoltaic of any size, ground-mounted, over any legal parking lot or driveway
Accessory solar photovoltaic ground-mounted on a parcel with any building or use,
provided that the PV is sized to generate no more than 200% of the annual projected
electric use of the non-PV building or use.
350 Attachment 16:3 Supp 11, Dec 2019
NORTHAMPTON CODE
Short-term rentals. Such rentals must be registered with the City and are only valid for the
year in which registration is completed and expire December 31 each year.
Site Plan Approval required for the following:
Contractor’s yard, open storage of raw materials, finished goods, or construction equipment
and structures for storing such equipment, provided that outside storage areas shall be
screened from outside view
Commercial or public parking lot or structure
Parking lot expansion of more than 6 spaces, passenger terminal
Telecommunication antennas on existing towers or other structures which do not require
the construction of a new tower (in accordance with § 350-10.9)
Private bridge, tunnel
New commercial structures or substantial improvements in FP, meeting all requirements
under the State Building Code, Wetlands Protection Act, and City ordinances
1. Lot size: 40,000 square feet
2. Frontage/Width: 120 feet
3. Depth: 140 feet
4. Setbacks:
Front: 20 feet
Side: 15 feet
Rear: 20 feet
5. Maximum height: 45 feet
6. Open space: 85%
Reuse of an historic educational or religious building for any residential use on the ground
floor or any other commercial use not otherwise allowed in the district, provided that such
use is within the footprint of the existing building. The existing building may be expanded
to accommodate elevators and stairwells, provided that all historically contributing portions
of the building are retained and covered with an historic preservation restriction granted to
the City of Northampton in a form acceptable to the Planning Board, with input from the
Historical Commission, as preserving the key character-defining features visible from the
road (and not necessarily meeting federal or state preservation standards for the entire
building). Portions of the building that are not part of the original architecture of the
building and which do not contribute to the historical or architectural significance of the
building, as determined by the Planning Board, with input from the Historical Commission,
may be demolished.
Creation or expansion of 6 or more parking spaces
Parking requirement reduction. See § 350-8.10F.
Private utility, substation or district utility, small-scale hydroelectric generation or ground-
mounted PV array of any size, including accessory PV (buffers to residential districts
abutting site shall be incorporated)
Telecommunication antennas (cellular phone) located on existing telecommunications
towers or other structures which do not require the construction of a new tower (in
accordance with § 350-10.9)
Warehousing/Commercial storage as a principal use. New buildings must be thickly
screened from the road with vegetation.
350 Attachment 16:4 Supp 11, Dec 2019
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Special Permit Approval required for the following uses by Planning Board unless
otherwise noted:
New telecommunications structures/facilities (in accordance with §§ 350-2.1 and 350-
10.9)
Membership club (for-profit or nonprofit)
Heavy public use. See § 350-10.7. City Council Special Permit
Auto repair (no gas sales), junk cars, motor vehicle accessories, scrap metal, liquid
storage (other than water)
Access to parking over residential lot; see § 350-8
Bus passenger terminal and taxi facilities
Motor freight terminal/warehousing associated with adjacent commercial/industrial
uses
Commercial motor vehicle maintenance, garaging and parking facilities (Outside
parking shall be screened from public view.)
350 Attachment 16:5 Supp 11, Dec 2019
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350 Attachment 18:1 Supp 11.5, Oct 2020
350 Attachment 18
City of Northampton
Table of Use and Dimensional Regulations
SC District (Special Conservancy)
Description: Example Uses/Structures
All areas are in the FEMA
mapped 100-/500-year floodplain
or in areas determined to be
floodplain along smaller streams.
Most structures built prior to
floodplain mapping and exist
either in the Connecticut River
floodplain/Meadows or Mill
River floodplain. Some historic
business use in Meadows. No new
residential uses allowed
Lot Dimension Requirements Layout Setbacks
Lot Size: existing residential
with public water:
8,000 ft2 minimum (80,000 ft2 if
private water and sewer)
Frontage/Width = 75 feet min.
Depth = 80 feet min.
Setbacks [principal and
detached accessory (Det Acc)
structures]
Front = 10 feet min.
Side = 15 feet min. (4 feet Det
Acc structure)
Rear = 20 feet min. (4 feet Det
Acc structure)
Max. Height = 35 feet (20 feet
Det Acc structure)
Open Space = 50%
NORTHAMPTON CODE
350 Attachment 18:2 Supp 11.5, Oct 2020
Lot Size: existing
nonresidential, ground-
mounted PV
40,000 ft2 minimum
Frontage/Width = 175 feet min.
Depth = 200 feet min.
Setbacks
Front = 40 feet min.
Side = 20 feet min. (4 feet
ground-PV)
Rear = 50 feet min. (4 feet
ground-PV)
Max. Height = 45 feet
Open Space = 50%
Any new use (except open space
agriculture or reuse of existing
historic religious/school)
40-acre minimum
Frontage/Width = 175 feet min.
Depth = 200 feet min.
Open Space = 99%
Setbacks
Front = 40 feet min.
Side = 50 feet min.
Rear = 80 feet min.
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350 Attachment 18:3 Supp 11.5, Oct 2020
Design Standards Illustrated
Planning Board may waive, by site plan approval element 2, if it can be shown that a different design meets a pedestrian-scale design
that encourages public/private transition and interface (e.g., similar elements facing internal courtyards or private streets)
1. If a garage or other parking
structure is attached, it must be
set back 20 feet and the
garage/structure shall comprise no
more than 30% of the front facade
of the primary structure. Side
setback may be 10 feet for the
garage only when not used as
living area.
2. Front doors must face the
street. Buildings must have a
covered entry.
Minimum parking for residential
uses
For other uses, see table in § 350-
8.2
1 space per 1,000 ft2 gross living area (round up). No more than 2 spaces required per unit.
Front yard setback may only have parking for a maximum of 2 vehicles.
Primary Structure
Garage or Parking Structure
Area
Covered
entry
NORTHAMPTON CODE
350 Attachment 18:4 Supp 11.5, Oct 2020
SC USES ALLOWED
Flood elevation certificates are required prior to any building permit and again prior to any certificate of
occupancy for all substantial improvements as defined by the Federal Emergency Management Agency
(any rehabilitation, addition or other improvement of a building when the cost of the improvement equals
or exceeds 50% of the market value of the building before the start of construction of the improvement).
Any new structure may also require approval from the Northampton Conservation Commission under the
Wetlands Protection Act and/or Northampton Wetlands Ordinance.
Uses Allowed By Right: (see above)
• Replacement of single-family homes allowed where homes existed or received permits by June 30,
2005. However, such replacements must be built within three years of demolition of previous home
(No new residential structures.)
• Attached (to a single-family) accessory dwelling unit not to exceed 900 ft2 gross living area. See
§ 350-10.10. Same setback as for principal structures. Allowed ONLY within homes existing as of
June 30, 2005, and for those that meet all State Building Code and requirements under the Wetlands
Protection Act and Wetlands Ordinance.
• Home business up to 25 visits per week as defined in § 350-2.1
• Preexisting nonconforming uses (may trigger ZBA permit)
• Accessory uses to residential:
Tag sales: temporary sales of personal and household articles
Pets/animals (§ 350-5.3)
• Accessory structures, detached (but no larger than 1,000 ft2 of lot coverage or 3% of lot area,
whichever is greater unless it is used for agricultural purposes). See also § 350-6.7.
o Setbacks: 20 feet(front); 4 feet (side); 4 feet (rear)
o Must meet all State Building Code for construction in a floodplain and requirements
under the Wetlands Protection Act and Wetlands Ordinance
• Family day care (registration w/Building Commissioner required)
• Temporary event as defined in § 350-2.1
• Agriculture, horticulture, floriculture, noncommercial forestry, the growing of all vegetables and a
temporary (not to exceed erection or use for a period of four months in any one year) greenhouse or
stand for retail sale of agricultural or farm products raised primarily on the same premises
• Rooftop solar hot water and photovoltaic
• Accessory solar photovoltaic (PV) ground-mounted on a parcel with any building/use, provided that
the PV is sized to generate no more than 100% or 8 KW of the annual projected electric use of the
non-PV building/use; same setbacks as for detached accessory structures.
• Essential facilities
• Short-term rental: allowed only upon annual registration with the City. Use as a registered rental is
only valid for the year in which registration is completed and expires December 31 each year.
Site Plan Approval Required for the Following:
• Any construction (other than for a single-family home) greater than 2,000 ft2
• Educational use: nonprofit, any religious use, day care, school-aged child-care program (MGL c.
28A, § 9)
• Reuse of historic educational or religious building(s) for: any residential use, live/work space, or
office; provided, however, that no more than 20% of the floor space of the building(s) shall be used
for medical, banking or any offices where a primary function is to provide services to retail
customers or individuals. All such uses approved under this provision shall be within the footprint of
existing building(s) and may only be approved contingent upon protection of all historically
contributing portions of the building with an historic preservation restriction granted to the City of
Northampton in a form acceptable to the Planning Board, with input from the Historical
ZONING
350 Attachment 18:5 Supp 11.5, Oct 2020
Commission, as preserving the key character-defining features visible from the road (and not
necessarily meeting federal or state preservation standards for the entire building). The existing
building may be expanded to accommodate elevators and stairwells. Portions of the building that are
not part of the original architecture of the building and which do not contribute to the historical or
architectural significance of the building as determined by the Planning Board, with input from the
Historical Commission, may be demolished. Lot size equal requirements: “existing residential uses”
• Parking off site and combined parking. See § 350-8.5 and § 350-8.7.
• Creation or expansion of six or more parking spaces.
• Parking requirement reduction. See § 350-8.10F.
• Residential shared driveways. See § 350-8.8R.
• Year-round greenhouse/stand for wholesale and retail sale of agricultural farm products raised on
site
• Open/Outdoor marijuana cultivation.
1. All security fencing that includes razor wire or other physical security measures that are not
typically residential in character must be screened with vegetation so that it is not visible
from public ways nor from other principal residential structures within 300 feet.
2. If a fence or other security structure is planned within a FEMA-mapped floodplain, it must
be shown to be engineered to withstand expected floodwaters or it must be engineered to
include a breakaway that opens during flood conditions.
Special Permit Approval Required for the Following Uses by Planning Board Unless
Otherwise Noted:
• Detached accessory dwelling unit. See § 350-10.10—Zoning Board of Appeals Special Permit
• Home business for personal service business by appointment only or home business more than 25
visits etc. See § 350-10.12 for other criteria—Zoning Board of Appeals Special Permit
• Airport, including aircraft sales, heliport
• Agricultural fair and/or exhibition grounds operated either for profit or not for profit, to promote
agricultural activities, or including, but not limited to, any of the following uses: entertainment,
amusement, sports, recreation, racing, wagering, including “simulcasting” associated with approved
race track activities, storage and handling of animals, judging, showing and auctioning of animals,
consumer trade shows, overnight camping related to authorized events or exhibitions. No other
gaming/gambling activities allowed.
• Commercial stable or kennel in which all animals, fowl, or other forms of life are completely
enclosed in pens or other structures. See § 350-10.8 and exemptions MGL c. 40A.
• Outdoor commercial recreational use, miniature golf, temporary carnival
• Historical association or society and nonprofit museum (may include the residence of a caretaker)
• Accessory solar photovoltaic ground-mounted on a parcel with any building or use, between 8 KW
or over 100% but no more than 200% of the annual projected electric use of the non-PV building or
use
• Solar photovoltaic (PV) nonaccessory ground-mounted only when the following three conditions
exist:
o The location is over soils that are not considered “prime agricultural soils” as listed by
NRCS and the Department of Agricultural Resources; and
o The panels do not require installation of new utility poles; and
o The system will not exceed 8 KW.
• Private utility or substation, small-scale hydroelectric generation
• Parking lot access for nonresidential uses across a residential lot. See § 350-8.9.
• Processing and treating of raw materials, including operations appurtenant to the taking, such as
grading, drying, sorting, crushing, grinding and milling operations. See § 350-10.3.
NORTHAMPTON CODE
350 Attachment 18:6 Supp 11.5, Oct 2020
• Removal of sand, gravel, quarry, or other raw material. See § 350-10.3.
• Private bridge, tunnel
• Railroad passenger terminal
• Municipal facility
• Heavy public use. See § 350-10.7.—City Council Special Permit
* No minimum lot size, depth, or frontage required for essential services or municipal facilities as
defined in § 350-2.1. Minimum setbacks for principal buildings as part of municipal facilities are the
same as other principal uses in table above and are the only dimensional lot requirements necessary
to be met.
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350 Attachment 19
City of Northampton
Table of Use, Dimensional and Density Regulations
PLANNED VILLAGE DISTRICT (PV)
Uses Allowed by Right (by right unless otherwise
noted): any mix or their accessory
uses/structures, including common drives
See § 350-11.1 (new
construction of 2,000+
square feet triggers
site plan)
Use By Special
Permit Approval
Required by
Designated Board
(if checked)Dimensions Landscaping
Minimum
Parking
Building
Design
Reuse of contributing structures in the National
Register of Historic Places for any residential use or
community facility listed in this table, tradesman,
business offices and services, miscellaneous
professional offices, research and development
facilities, and manufacturing. Also for retail uses or
restaurants, when the gross floor area in these uses
does not exceed 10% of the gross floor area of the
building or complex of historical buildings being
redeveloped under this section. For all uses under
this table entry, the Planning Board must find that
the rehabilitation and reuse, and all future
alterations, will be done in accordance with U.S.
Department of Interior Standards for Rehabilitating
Historic Buildings, and in particular that, to the
extent practicable, historically significant exterior
facades are preserved or restored and original
rooflines are preserved.
√
Lot size = 0
Frontage/Width/Depth/Set-
backs = 0
Maximum height = 40 feet
(may be increased to 60
feet, provided buildings are
articulated such that any
portion of a building over
40 feet is set back at least
20 feet from all property
boundaries)
Open space = 0
0
Master planned mixed-use villages, overall project
requires a minimum of 15 acres and Planning Board
special permit for mix and layout of project in
accordance with § 350-10.15.
√√ Planning Board Project lot = 15-acre
minimum
Project frontage = 75 feet
Project depth = 200 feet
Setbacks from project
boundary:
Front = 20 feet
Side = 15 feet
Rear = 20 feet
Maximum height = 40 feet
(may be increased to 60
feet, provided buildings are
articulated such that any
portion of a building over
40 feet is set back at least
20 feet from all property
boundaries)
Project open space = 40%
Must be proposed
by applicant and
approved by
Planning Board
As necessary;
project-
dependent
Must be
proposed
by
applicant
and
approved
by
Planning
Board
350 Attachment 19:1 Supp 11.4, May 2020
NORTHAMPTON CODE
PLANNED VILLAGE DISTRICT (PV)
Uses Allowed by Right (by right unless otherwise
noted): any mix or their accessory
uses/structures, including common drives
See § 350-11.1 (new
construction of 2,000+
square feet triggers
site plan)
Use By Special
Permit Approval
Required by
Designated Board
(if checked)Dimensions Landscaping
Minimum
Parking
Building
Design
Any residential structure or mix thereof as part of
the overall master planned project and not exceeding
85% of gross floor area of commercial uses in the
village (This cap shall no longer apply when the
project reaches 400,000 square feet of commercial
uses in the PV Zoning District.): single-family
dwelling, two-family, three-family multifamily or
townhouse development. Any accessory buildings.
Any bed-and-breakfast. Any short-term rental.
Short-term rentals must be registered with the City,
are only valid for the year in which registration is
completed and expire December 31 each year.
Lot size = 0
Frontage/Width/Depth/Set-
backs = 0 (layout must
allow for pedestrian and
vehicular gridded village
network to allow
circulation consistent with
requirements in § 350-
10.15 and as approved in
the special permit for the
master plan)
Per approved
master plan
special permit
No more than
2 per unit
Per
approved
master plan
special
permit
Any shared driveway serving residential lots as part
of an approved master plan. Driveways may be
designed consistent with village center
developments that do not meet the standards in
§ 350-2.1, Definitions, for shared driveways when in
the view of the Fire Chief there is adequate
emergency access.
Rooftop solar hot water and photovoltaic N/A None
0
None.
Install-
ations must
be main-
tained in
good con-
dition with
painting,
structural
repairs and
security
maintained
and fac-
ilities no
longer
being used
dismantled
within 90
days.
Solar photovoltaic of any size, ground-mounted:
1. Over any legal parking lot or driveway;
2. At any landfill site not separate from the site-
assigned property by any road; and
3. At an airport not separated from the runways by
any road.
√Same setbacks as setbacks
for other accessory
buildings in the district
Sufficient land-
scaping within the
setbacks to pro-
vide effective
visual separation
Accessory solar photovoltaic ground-mounted on a
parcel with any building or use, provided that the PV
is sized to generate no more than 200% of the annual
projected electric use of the non-PV building or use
√√ Planning Board Setbacks:
Front = 50 feet
Side = 50 feet
Rear = 50 feet
And such open space as
applies to the principal
building
350 Attachment 19:2 Supp 11.4, May 2020
ZONING
PLANNED VILLAGE DISTRICT (PV)
Uses Allowed by Right (by right unless otherwise
noted): any mix or their accessory
uses/structures, including common drives
See § 350-11.1 (new
construction of 2,000+
square feet triggers
site plan)
Use By Special
Permit Approval
Required by
Designated Board
(if checked)Dimensions Landscaping
Minimum
Parking
Building
Design
Any marijuana manufacturing, cultivation or testing.
All manufacturing/cultivation facilities must
incorporate both high-efficiency particulate air
handlers with activated carbon filters and exhaust
systems designed with vents that force the air at least
10 feet above the roofline of the building.
Alternatively, other technology may be used upon
finding by the Planning Board through site plan
approval process that such other technology will, to
the extent practicable, limit odors from marijuana in
any place where the public or clients are present.
Municipal and essential facilities
350 Attachment 19:3 Supp 11.4, May 2020
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350 Attachment 21
City of Northampton
Table of Use, Dimensional and Density Regulations
FARMS FOREST RIVERS (FFR)
Uses Allowed: and their accessory uses (home
office, tag sales, § 350-2.1, fences, § 350-6.8,
horses and animals, § 350-5.3) unless otherwise
specified
Site Plan Approval
Required by Planning
Board (if checked)
See also § 350-11.1 for
scale that triggers site
plan
Use By Special
Permit Approval
Required by
Designated Board
(if checked)Dimensions Landscaping
Minimum
Parking
Building
Design
Open space residential development (See §§ 350-
10.5 and 350-17.2) single-family, two-, three-,
zero-lot, multifamily home, townhouse lots
√√ Planning Board Project lot: 4 acres
minimum
Project frontage: 175 feet
Project depth: 200 feet
Setbacks from project
boundary:
Front: 20 feet
Side: 15 feet
Rear: 20 feet
Maximum height: 35 feet
Project open space: 85%
2 per unit
unless
reduced by
Planning
Board
Planning
Board to
review
layout to
ensure
project
transitions
between
existing
neighbor-
hood along
street and
proposed
project
Single-family dwellings, including attached
accessory apartments meeting criteria in § 350-
10.10
Lot size: Same as lot had in
existence as of January 1,
2011
Frontage: 175 feet
Depth: 200 feet
Setbacks:
Front: 20 feet
Side: 15 feet
Rear: 20 feet
Maximum height: 35 feet
Open space: 85%
Municipal facility, noncommercial recreation and
conservation facilities
Expansion/creation of
parking areas of greater
than 6 spaces triggers
site plan
Open space: 85%Based on
square
footage. See
table.
Agricultural uses
Educational, religious use, day-care, school-aged
child-care program (MGL c. 28A, § 9), family
day-care.
Facilities for essential services (dimensional
standards do not apply)
350 Attachment 21:1 09 - 01 - 2014
NORTHAMPTON CODE
FARMS FOREST RIVERS (FFR)
Uses Allowed: and their accessory uses (home
office, tag sales, § 350-2.1, fences, § 350-6.8,
horses and animals, § 350-5.3) unless otherwise
specified
Site Plan Approval
Required by Planning
Board (if checked)
See also § 350-11.1 for
scale that triggers site
plan
Use By Special
Permit Approval
Required by
Designated Board
(if checked)Dimensions Landscaping
Minimum
Parking
Building
Design
Agriculture, horticulture, floriculture,
noncommercial forestry, the growing of all
vegetables and a temporary (not to exceed
erection or use for a period of four months in any
one year) greenhouse or stand for retail sale of
agricultural or farm products raised primarily on
the same premises
Year-round greenhouse/stand for wholesale and
retail sale of agricultural farm products raised on
site
√
Accessory structures:
·Detached (but no larger than 1,000 square feet
of lot coverage) See also § 350-6.7;
·Attached (same setbacks as principal
structure); or
·Attached used for workshop, storage, garage,
noncommercial purposes only
Setbacks:
Front detached: 20
feet
Front attached: 40
feet
Side: 4 feet
Rear: 4 feet
Maximum height: 20 feet
Residential common driveways √
Telecommunication antennas which are located
on existing telecommunications towers or other
structures which do not require the construction
of a new tower (in accordance with § 350-10.9)
√
Detached accessory apartment √ Zoning Board
of Appeals
Same as single-family
home (maximum height:
20 feet; 900-square-foot
footprint)
Home occupations. See § 350-10.12 Same as single-family
home
New telecommunications towers √ Planning Board All setbacks: 2 times the
height of the tower
Rooftop solar hot water and photovoltaic N/A None 0 None.
Install-
ations must
be main-
tained in
good
condition
Solar photovoltaic of any size, ground-mounted:
1. Over any legal parking lot or driveway;
2. At any landfill site not separate from the site-
assigned property by any road; and
3. At an airport not separated from the runways
by any road.
√Same setbacks as setbacks
for other accessory
buildings in the district
Sufficient land-
scaping within the
setbacks to pro-
vide effective
visual separation
350 Attachment 21:2 09 - 01 - 2014
ZONING
FARMS FOREST RIVERS (FFR)
Uses Allowed: and their accessory uses (home
office, tag sales, § 350-2.1, fences, § 350-6.8,
horses and animals, § 350-5.3) unless otherwise
specified
Site Plan Approval
Required by Planning
Board (if checked)
See also § 350-11.1 for
scale that triggers site
plan
Use By Special
Permit Approval
Required by
Designated Board
(if checked)Dimensions Landscaping
Minimum
Parking
Building
Design
with
painting,
structural
repairs and
security
maintained
and
Accessory solar photovoltaic ground-mounted on
a parcel with any building or use, provided that
the PV is sized to generate no more than 200% of
the annual projected electric use of the non-PV
building or use
√√ Planning Board Setbacks:
Front = 50 feet
Side = 50 feet
Rear = 50 feet
And such open space as
applies to the principal
building
350 Attachment 21:3 09 - 01 - 2014
ZONING
350 Attachment 24
City of Northampton
Table of Use, Dimensional and Density Regulations
WATER SUPPLY PROTECTION (WSP)
Uses Allowed: (by-right unless otherwise
noted) any mix or their accessory
uses/structures (home office, tag sales § 350-
2.1, fences § 350-6.8, horses and animals § 350-
5.3)
Site Plan Approval
Required by Planning
Board (if checked)
Any nonresidential
construction greater
than 2,000 square feet
triggers site plan
Use By Special
Permit Approval
Required by
Designated Board
(if checked)Dimensions Landscaping
Minimum
Parking
Building
Design
Single-family dwelling or legal building lot in
existence (excluding flag lots, see below) as of
May 7, 2007, including attached accessory
apartments meeting criteria in § 350-10.10
Lot size/frontage/depth:
Same as in existence on
June 7, 2007, or 80,000
square feet, whichever is
less
Setbacks:
Front: 20 feet
Side: 15 feet
Rear: 20 feet
Maximum height: 35 feet
Open space: 60%
2 per unit, 3
if contains
accessory
apartment.
Any excavation incidental to a permitted use
within three feet of the annual groundwater table
with staff review to ensure there will be no
groundwater contamination and site will not be
dewatered
Lot size: 80,000 square feet
Frontage: 175 feet
Depth: 200 feet
Setbacks:
Front: 20 feet
Side: 15 feet
Rear: 20 feet
Maximum height: 35 feet
Open space: 85% [See also
§ 350-15.9 for increase in
coverage allowances.]
New single-family dwellings, including attached
accessory apartments meeting criteria in § 350-
10.10
Educational, religious use, day-care, school-aged
child-care program (MGL c. 28A, § 9), family
day-care; preexisting nonconforming uses
See also § 350-11.1 for
scale that triggers site
plan
Based on
square
footage. See
table.
Municipal facility; facilities for essential services
Cemetery, including any crematory therein
Agricultural uses (dimensional standards do not
apply)
Temporary event (see definitions)
Agriculture, horticulture, floriculture,
noncommercial forestry, the growing of all
vegetables and a temporary (not to exceed
erection or use for a period of four months in any
one year) greenhouse or stand for retail sale of
agricultural or farm products raised primarily on
the same premises
Lot size: 80,000 square feet
Frontage: 175 feet
Depth: 200 feet
Setbacks:
Front: 20 feet
Side: 15 feet
Rear: 20 feet
350 Attachment 24:1 Supp 11.4, May 2020
NORTHAMPTON CODE
WATER SUPPLY PROTECTION (WSP)
Uses Allowed: (by-right unless otherwise
noted) any mix or their accessory
uses/structures (home office, tag sales § 350-
2.1, fences § 350-6.8, horses and animals § 350-
5.3)
Site Plan Approval
Required by Planning
Board (if checked)
Any nonresidential
construction greater
than 2,000 square feet
triggers site plan
Use By Special
Permit Approval
Required by
Designated Board
(if checked)Dimensions Landscaping
Minimum
Parking
Building
Design
Maximum height: 35 feet
Open space: 85% [See also
§ 350-15.9 for increase in
coverage allowances.]
Year-round greenhouse/stand for wholesale and
retail sale of agricultural farm products raised on
site
√
Accessory structures:
a. Detached (but no larger than 1,000 square feet
of lot coverage or 3% of lot area, whichever is
greater). See also § 350-6.7;
b. Attached (same setbacks as principal
structure); or
c. Attached used for workshop, storage, garage,
noncommercial purposes only
Setbacks:
a. Front detached: 20 feet
Side detached: 4 feet
Rear detached: 4 feet
b. Front attached: 20 feet
Side attached: 15 feet
Rear attached: 20 feet
OR
c. Front: 40 feet
Side attached: 10 feet
Rear attached: 10 feet
Maximum height: 20 feet
Residential shared driveways √
Telecommunication antennas located on existing
telecommunications towers or other structures
which do not require the construction of a new
tower (in accordance with § 350-10.9)
√
New telecommunications towers/facilities (in
accordance with §§ 350-2.1 and 350-10.9)√√ Planning Board All setbacks: 2 times the
height of the tower
Detached accessory apartment √√ Zoning Board
of Appeals
Same as single-family
home (maximum height:
20 feet; 900-square-foot
footprint)
Home occupations. See § 350-10.12 √Same as single-family
home
Flag lot for single-family home. See also § 350-
6.13.√√ Planning Board Lot size: 80,000 square feet
Frontage: 50 feet
Depth: 200 feet
Setbacks:
Front: 20 feet
Side: 30 feet
Rear: 60 feet
Maximum height: 35 feet
Open space: 85%
350 Attachment 24:2 Supp 11.4, May 2020
ZONING
WATER SUPPLY PROTECTION (WSP)
Uses Allowed: (by-right unless otherwise
noted) any mix or their accessory
uses/structures (home office, tag sales § 350-
2.1, fences § 350-6.8, horses and animals § 350-
5.3)
Site Plan Approval
Required by Planning
Board (if checked)
Any nonresidential
construction greater
than 2,000 square feet
triggers site plan
Use By Special
Permit Approval
Required by
Designated Board
(if checked)Dimensions Landscaping
Minimum
Parking
Building
Design
Open space residential development (See § 350-
10.5) single-family, two-, three-, zero-lot,
multifamily home, townhouse lots
√√ Planning Board Project lot: 4 acre
minimum
Project frontage: 175 feet
Project depth: 200 feet
Setbacks from project
boundary:
Front: 20 feet
Side: 15 feet
Rear: 20 feet
Maximum height: 35 feet
Project open space: 85%
2 per unit
unless
reduced by
Planning
Board
Planning
Board to
review
layout to
ensure
project
transitions
between
existing
neighbor-
hood along
street and
proposed
project
Substantial improvements in FP, meeting all
requirements under the State Building Code,
Wetlands Protection Act, and City ordinances
√√ Planning Board
Lot size: 80,000 square feet
[plus 3,000 square feet per
bedroom for assisted
living/nursing home]
Frontage: 175 feet
Depth: 200 feet
Setbacks:
Front: 20 feet
Side: 15 feet
Rear: 20 feet
Maximum height: 35 feet
Open space: 85%
Site alteration, structure or impervious surface
within 200 feet of any watercourse (including
intermittent) which are tributaries to a public
water supply
√
Any other private school, college or university √
Assisted-living residences, nursing homes √As per table
in § 350-8
Bed-and-breakfast √
Outdoor commercial recreation √
Commercial stable or kennel (§ 350-10.8)√
Community center √
Historical association or society and nonprofit
museum (may include the residence of a
caretaker)
√
Membership club operated as a not-for-profit √√ Planning Board 1 per 3 seats
Funeral establishment √
Heavy public use. See § 350-10.7.√
Private utility, substation, or similar facility or
building, small-scale hydroelectric generation √
Rooftop solar hot water and photovoltaic N/A None 0 See below.
350 Attachment 24:3 Supp 11.4, May 2020
NORTHAMPTON CODE
WATER SUPPLY PROTECTION (WSP)
Uses Allowed: (by-right unless otherwise
noted) any mix or their accessory
uses/structures (home office, tag sales § 350-
2.1, fences § 350-6.8, horses and animals § 350-
5.3)
Site Plan Approval
Required by Planning
Board (if checked)
Any nonresidential
construction greater
than 2,000 square feet
triggers site plan
Use By Special
Permit Approval
Required by
Designated Board
(if checked)Dimensions Landscaping
Minimum
Parking
Building
Design
Solar photovoltaic of any size, ground-mounted:
1. Over any legal parking lot or driveway;
2. At any landfill site not separate from the site-
assigned property by any road; and
3. At an airport not separated from the runways
by any road.
√Same setbacks as setbacks
for other accessory
buildings in the district
Sufficient land-
scaping within the
setbacks to pro-
vide effective
visual separation
0
None.
Install-
ations must
be main-
tained in
good con-
dition with
painting,
structural
repairs and
security
maintained
and fac-
ilities no
longer
being used
dismantled
within 90
days.
Accessory solar photovoltaic ground-mounted on
a parcel with any building or use, provided that
the PV is sized to generate no more than 100% or
8 KW of the annual projected electric use of the
non-PV building or use
Setbacks:
Front = 15 feet
Side = 4 feet
Rear = 4 feet
And such open space as
applies to the principal
building
Accessory solar photovoltaic ground-mounted on
a parcel with any building or use, between 8 KW
or over 100% up to but no more than 200% of the
annual projected electric use of the non-PV
building or use
√√ Planning Board Setbacks:
Front = 15 feet
Side = 4 feet
Rear = 4 feet
And such open space as
applies to the principal
building
350 Attachment 24:4 Supp 11.4, May 2020
ZONING
WATER SUPPLY PROTECTION (WSP)
Uses Allowed: (by-right unless otherwise
noted) any mix or their accessory
uses/structures (home office, tag sales § 350-
2.1, fences § 350-6.8, horses and animals § 350-
5.3)
Site Plan Approval
Required by Planning
Board (if checked)
Any nonresidential
construction greater
than 2,000 square feet
triggers site plan
Use By Special
Permit Approval
Required by
Designated Board
(if checked)Dimensions Landscaping
Minimum
Parking
Building
Design
Solar photovoltaic (PV), large-scale ground-
mounted with less than two acres of tree removal:
Any other solar photovoltaic (PV), large-scale
ground-mounted not listed above, where less than
two acres of tree removal is planned. The removal
of significant trees on the subject parcel(s) must
be replaced in accordance with § 350-12. 3 and
includes tree removal that occurs within 12
months immediately prior to an application for
installation of such a system.1
√Lot size = 0
Frontage/Width/Depth = 0
Setbacks:
Front: 50 feet
Side: 50 feet
Rear: 50 feet
Maximum height = 30 feet
Open space = 20%
A planted buffer to
abutting residential
property shall be at
least 15 feet in width
along the property
boundary. It shall
contain a screen of
plantings of vertical
habit in the center of
the strip not less than
three feet in width
and six feet in height
at the time of
occupancy of such
lot. Individual shrubs
shall be planted not
more than five feet
on center, and
individual trees
thereafter shall be
maintained by the
owner or occupants
so as to maintain a
dense screen year-
round. At least 50%
of the plantings shall
be evenly spaced.
Whenever possible,
existing trees and
ground cover should
be preserved in this
strip, reducing the
need to plant
additional trees.
Trees may not be cut
down in this strip
without site plan
approval.
0
See also
§§ 350-8.2
through 350-
8.11 for
location,
construction,
layout
requirements
for parking
lots
Installation
must be
maintained
in good
condition
with
painting,
structural
repairs and
security
maintained
and
facilities no
longer
being used
dismantled
within 90
days.
350 Attachment 24:5 Supp 11.4, May 2020
NORTHAMPTON CODE
WATER SUPPLY PROTECTION (WSP)
Uses Allowed: (by-right unless otherwise
noted) any mix or their accessory
uses/structures (home office, tag sales § 350-
2.1, fences § 350-6.8, horses and animals § 350-
5.3)
Site Plan Approval
Required by Planning
Board (if checked)
Any nonresidential
construction greater
than 2,000 square feet
triggers site plan
Use By Special
Permit Approval
Required by
Designated Board
(if checked)Dimensions Landscaping
Minimum
Parking
Building
Design
Solar photovoltaic (PV), large-scale ground-
mounted with more than two acres of tree
removal1,2
√√ Planning Board Lot size = 0
Frontage/Width/Depth = 0
Setbacks:
Front: 50 feet
Side: 50 feet
Rear: 50 feet
Maximum height = 30 feet
Open space = 20%
A planted buffer to
abutting residential
property shall be at
least 15 feet in width
along the property
boundary. It shall
contain a screen of
plantings of vertical
habit in the center of
the strip not less than
three feet in width
and six feet in height
at the time of
occupancy of such
lot. Individual shrubs
shall be planted not
more than five feet
on center, and
individual trees
thereafter shall be
maintained by the
owner or occupants
so as to maintain a
dense screen year-
round. At least 50%
of the plantings shall
be evenly spaced.
Whenever possible,
existing trees and
ground cover should
be preserved in this
strip, reducing the
need to plant
additional trees.
Trees may not be cut
down in this strip
without site plan
approval.
0
See also
§§ 350-8.2
through 350-
8.11 for
location,
construction,
layout
requirements
for parking
lots
Installation
must be
maintained
in good
condition
with
painting,
structural
repairs and
security
maintained
and
facilities no
longer
being used
dismantled
within 90
days.
350 Attachment 24:6 Supp 11.4, May 2020
ZONING
WATER SUPPLY PROTECTION (WSP)
Uses Allowed: (by-right unless otherwise
noted) any mix or their accessory
uses/structures (home office, tag sales § 350-
2.1, fences § 350-6.8, horses and animals § 350-
5.3)
Site Plan Approval
Required by Planning
Board (if checked)
Any nonresidential
construction greater
than 2,000 square feet
triggers site plan
Use By Special
Permit Approval
Required by
Designated Board
(if checked)Dimensions Landscaping
Minimum
Parking
Building
Design
Reuse of an historic educational or religious
building for any residential use, live/work space,
or office; provided, however, that no more than
20% of the floor space of the building shall be
used for medical, banking or any offices where a
primary function is to provide services to retail
customers or individuals; and further provided
that such use is within the footprint of the existing
building. The existing building may be expanded
to accommodate elevators and stairwells,
provided that all historical contributing portions
of the building are retained and covered with an
historic preservation restriction granted to the
City of Northampton in a form acceptable to the
Planning Board, with input from the Historical
Commission, as preserving the key character-
defining features visible from the road (and not
necessarily meeting federal or state preservation
standards for the entire building). Portions of the
building that are not part of the original
architecture of the building and which do not
contribute to the historical or architectural
significance of the building as determined by the
Planning Board, with input from the Historical
Commission, may be demolished.
√
Open/Outdoor marijuana cultivation.
1. All security fencing that includes razor wire
or other physical security measures that are
not typically residential in character must be
screened with vegetation so that it is not
visible from public ways nor from other
principal residential structures within 300
feet.
2. If a fence or other security structure is
planned within a FEMA-mapped floodplain,
it must be shown to be engineered to
withstand expected floodwaters or it must be
engineered to include a breakaway that opens
during flood conditions.
√
350 Attachment 24:7 Supp 11.4, May 2020
NORTHAMPTON CODE
WATER SUPPLY PROTECTION (WSP)
Uses Allowed: (by-right unless otherwise
noted) any mix or their accessory
uses/structures (home office, tag sales § 350-
2.1, fences § 350-6.8, horses and animals § 350-
5.3)
Site Plan Approval
Required by Planning
Board (if checked)
Any nonresidential
construction greater
than 2,000 square feet
triggers site plan
Use By Special
Permit Approval
Required by
Designated Board
(if checked)Dimensions Landscaping
Minimum
Parking
Building
Design
Short-term rental: allowed only upon annual
registration with the City. Use as a registered
rental is only valid for the year in which
registration is completed and expires December
31 each year.
NOTES:
1 The owner or operator shall remove the installation no more than 150 days after the date of discontinued operations. Removal shall consist of:
a. Removal of all structures, equipment, security barriers, transmission lines, conduits, poles.
b. Disposal of all waste in accordance with local, state, and federal waste disposal regulations.
c. Stabilization or re-vegetation of the site as necessary to minimize erosion.
If the owner/operator fails to remove the installation in accordance with the requirements of this section, the City shall have the right, exercise or call the bond/performance guarantee in
order to cover the cost of removal.
Performance guarantee: Applicants shall submit an itemized cost estimate for complete decommissioning of the array as specified above. Prior to beginning construction the applicant shall
post a performance guarantee in the form of a bond or escrow or other guarantee approved by the Planning Board for the amount to cover decommissioning, including a 20% contingency
and calculated with twenty-year inflation factor.
2 The Board must find that the removal of trees will not negatively impact the health, safety and welfare of the residents of Northampton by maintaining a robust and diverse ecosystem for the
residents while also creating renewable energy systems. In order for the Board to make such finding, the applicant shall submit an analysis of the proposed project's impact relative to the
benefit of the solar installation as follows:
1. Analysis showing that tree removal which occurs on more than one acre of slopes greater than 20% will not cause erosion of topsoil and will not increase siltation of any streams
present on the site or within 200 feet of the property boundary.
2. Analysis of the forest type and relevant habitat that will be lost. This analysis must include the structure and diversity of the canopy, midstory and understory of the forested area to be
cleared. Analysis must be performed by an individual with a master's degree in wildlife biology or ecological science from an accredited college/university or other competent
professional with at least two years of experience in wildlife habitat evaluation.
a. Any forested area within which certifiable vernal pools are found must be identified and a permit from the Conservation Commission must be granted prior to review by the
Planning Board.
b. Any forested area containing clusters of five or more healthy trees of 20 inches diameter breast height or greater that are not in decline shall be preserved in order to continue to
provide high value ecological benefit to the community. Connection of these larger trees to surrounding stands of trees shall be maintained.
c. As part of the forest type analysis, the report shall contain information regarding the abundance and distribution of habitats within the region and of the specific site and any
historical information on the extent and quality of these habitats and impact of clearing on these habitats. The applicant must show through analysis that habitat is not fragmented
and that connectivity remains in the proposed conditions.
3. Analysis by a qualified third party showing that the project will be carbon-neutral over the first 10 years of operation. The applicant shall provide the following calculations:
a. The total volume of trees to be removed (provided by an independent certified forester) and the projected volume of trees over a ten-year period of additional growth.
b. Subtracting the estimated live-wood in replacement trees provided under the significant tree section of this zoning ordinance 10 years after planting.
c. Conversion of the net live-wood to be removed to short tons of carbon (using research from the Northern Institute of Applied Climate Science or other methodology after approval
by the permit granting authority).
d. Subtraction of the carbon offsets (short tons of carbon) provided by the solar photovoltaic project over 10 years of operation, including the calculation of potential carbon stored had
the trees continued to thrive in that same ten-year window.
350 Attachment 24:8 Supp 11.4, May 2020
ZONING
e. If there is any net release of carbon with the above calculations, the applicant shall assign renewable energy credits (REC) to the City to match or exceed said release of carbon.
However, RECs may not be used to fund biomass projects.
4. At least 50% of the property shall be protected from tree clearing and future development for the duration of the operation of the solar array installation and until such time as the
system is decommissioned and removed.
5. Within the area beyond the first two acres of canopy removed, stumps for removed trees must remain in place and no excavation/soil disturbance is allowed other than what would be
required to bore support posts for the PV panels.
6. Electrical transformers for utility interconnections may be aboveground only if required by the utility provider. Power and telecommunications poles and equipment shall not be visible
from the public way.
* No minimum lot size, depth, or frontage required for essential services or municipal facilities as defined in § 350-2.1. Minimum setbacks for principal buildings as part of municipal
facilities are the same as other principal uses in table above and are the only dimensional lot requirements necessary to be met.
350 Attachment 24:9 Supp 11.4, May 2020