25A-190 (19) MASSACHUSETTS
In the Year One Thousand Nine Hundred and
UPON THE RECOMMENDATION OF _._._..I.h.e N.o.rt-h.a.mp.t.o.ii.-Pl.a.n.n.iia.&.3a4,Ej
ORDINANCE NO .............................
An Ordinance of the City of Northampton, -Massachusetts, pro,,-ding that the Code of Ordinances,
a
City of Northampton, Massachusetts, be amended by revising secti1.on Appedix....5.14......... A............... of said Code;
providing that ar-d —Eduitar_Lanal Usz_s b.e...c1arified...to
...............
provisions of state law
........................................................................................................................................................................................................................................
Be it ordained by the City Council of the City of Northampton, in City Council assembled, as follows:
Appe�dix A.
Section 1. That section .... ....................... of the Code of Ordinances of the City of Northampton, Mas-
sachusetts, be amended so that such section shall read as folloNvs:
"Section....
5.2 - Table of Use Regulations
......................
CMMUNITY FACILITIES RR SR URA URB URC CB GB HB NB GI SI SC
1. Houses of worship and A A A A A A A A A A A A
ancillary religious uses
2.a Educational uses on land owned A A - -A
or leased by the Commonwealth
or any of its agencies, subdi-
visions or bodies politic or
by a religious sect or denom-
ination or by a nonprofit
educational corporation
2.b.Any other school, college or
SP SP SP SP SP SP SP SP
university
RESIDENTIAL
8. Halfway Houses - delete in its entirety
(Reserved for future use)
n
2
Section 3. Exemptions from Zoning Regulations
Material and Method No zoning ordinance or by-law shall regulate or
of construction restrict the use of materials or methods of construction
Regulated by state of structures regulated by the state building code, nor
Building Code sha any_such ,ordinance or by-law prohibit, unreason
at,tT Pghlate or require a mit Tor the use of
land for the primary purpose of agriculture, or icu tune
o nor shall the profii6i�or unreasona y
regulate the expansion or reconstruction of existing
structures thereon for the prJmarypurpose df agriculture,
Agricultural horticulture or floriculture, except that u7 , suc�i —
Exemption for Parcel activities may be limited to parcels of more than five
of More Than 5 Acres acres in areas not zoned for agriculture, horticulture
or floriculture. For such purposes land divided r a
public or private way or a waterway shall be consttrued
as one parcel .. No zoning ordinance or by-law shall
exempt land or structures from flood plain or wetlands
regulations established pursuant to general law.
Interior Area of No zoning ordinance or by-law shall regulate or restrict
Single Family the interior area of a single family residential building
Residential nor shall any such ordinance or by-law prohibit, regulate
Building or restrict the use of land or structures for religious
purposes or for educational purposes on land owned or
Religious and leased by the commonwealth or any of its agencies,
Educational uses subdivisions or bodies politic or by a religious sect
subject to or denomination, or by a nonprofit educational corpor-
ation; provided, however, that such land or structures
Dimensional may be subject to reasonable regulations concerning the
Regulations bulk and height of structures and determining yard sizes,
lot area, setbacks, open space, parking and building
Public service coverage requirements. Lands or structures used, or to
Corporation be used by a public service corporation may be exempted
Exemption in particular respects from the operation of a zoning
ordinance or by-law if, upon petition of the corporation,
DPU Public Hearing the department of public utilities shall , after notice
given pursuant to section eleven and public hearing in
the town or city, determine the exemptions required and
Finding That use find that the present or proposed use of the land or
Reasonably Necessary structure is reasonably necessary for the convenience or
welfare of the public; provided however, that if lands
or structures used or to be used by a ublic
p y
corporation are located in more than one municipality
such lands or structures may be exempted in particular
respect from the operation of any zoning ordinance or by-
law if, upon petition of the corporation, the department
Notice to all of public utilities shall after lnoticeotosaall
municipalities,
Affected Communities communities and public hearing resent
determine the exemptions required and find that the. p ly
or proposed use of the land or r welfare of thespublic.
necessary for the convenience or
3-1
,NorthanrptoN KedevelopreNt Amthoritry
MEMORANDUM
TO: Ted Tewhill, Building Inspector
FROM: Penelope Kim, Economic Development Coordinator
SUBJECT: PVTA Facility in the Northampton Industrial Park
DATE: February 24, 1986
FILE:
As we recently discussed, the Pioneer Valley Transit Authority (PVTA) is constructing
a building in the Northampton Industrial Park. The design of the building provides
for the inclusion of a day care facility. The Federal Department of Transportation,
which is funding the PVTA building, has agreed to this component. This component
is being provided as a public service in recognition, in part of the non-taxable
status of the PVTA. A City committee, the Northampton Day Care Committee, has been
involved in the planning for the day care program. A non-profit contractor will be
hired to work in conjunction with the Office of Children to set up the program and
oversee the solicitation of a vendor organization to provide the service. The day
care center will be run by a non-profit entity (in the non-profit PVTA building) in
conjunction with a City committee.
I have discussed the question of the City's Zoning Ordinance on this subject with
Gene Bunnell and Larry Smith. The latter has provided me with the attached copies
of: proposed clarification of the City Ordinance relative to educational uses by a non-
profit educational corporation and current State Law on exemptions from regulations.
Can it be concluded that, given the non-profit status of the program under review,
the day care facility would be allowable in the GI zone?
Please let me know if any additional information on this facility would be useful
to you.
Thank you for your continuing assistance in these matters.
MAC ! Q 1�6