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10B-091 NO2226-350b Table of Use Regs SC 9-14ZONING 350 Attachment 2 City of Northampton Table of Use Regulations Principal Use Residential Business Medical Business Park Conservancy RR SR GB NB M BP SC2 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 NA NA Site Site Site Site N/A Work in Water Supply Protection (WSP) Overlay District Only if use is otherwise allowed by zoning. See § 350-16. Business/Industrial activities PB PB PB PB No PB PB Any excavation within 3 feet of groundwater PB PB PB PB No PB PB Impervious cover of more than 15% with a system for artificial recharge of precipitation PB PB PB PB No PB PB Site alteration, structure or impervious surface within 200 feet of any watercourse (including intermittent) which are tributaries to a public water supply PB PB PB PB No PB PB 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 A A No PB No A No1 NOTE: 1 Except for replacement of single-family homes where homes existed or received permits by June 30, 2005. However, such replacements must be built within three years of demolition of previous home). 2 Flood elevation certificates are required prior to any building permit and 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 exceed 50% of the market value of the building before start of construction of the improvement). 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 09 - 01 - 2014 NORTHAMPTON CODE Principal Use Residential Business Medical Business Park Conservancy RR SR GB NB M BP SC2 Residential (cont’d) Accessory apartment in single-family homes. See § 350-10.10.A A No A No A No1 Detached accessory apartment for single-family home meeting same setback requirements as a new single-family home in that district. See § 350-10.10.ZBA ZBA No ZBA No ZBA ZBA1 Zero lot line development. See § 350-10.14.No No No No 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 No No PB No No No Other two-family dwellings meeting all dimensional requirements for a newly created lot without grandfathering from any dimensional standards No No No PB No No No Three-family dwellings No No No A No No No Multifamily dwellings not exceeding three stories No No No Site No No No Multifamily dwellings exceeding three stories No No No PB No No No Townhouses No No No PB No No No Home occupations. See § 350-10.12.ZBA ZBA A A No ZBA No Home office. See § 350-10.12. A A A A No A A 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 A A No A A 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 A A A A Horses and animals as accessory uses in accordance with § 350-5.3 A A A A No A A Flag lots. See § 350-6.13.PB PB No No No No No Notes: 1 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. 2 Flood elevation certificates are required prior to any building permit and 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 exceed 50% of the market value of the building before start of construction of the improvement). 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 09 - 01 - 2014 ZONING Principal Use Residential Business Medical Business Park Conservancy RR SR GB NB M BP SC3 Residential (cont’d) Dormitories No No No PB No No No Cluster residential development. See § 350-10.5.PB PB No No No PB No Assisted living residences. See also nursing home.PB PB No No No No No Tourist home/bed-and-breakfast PB PB No PB No PB No Lodging houses (Special permit for reduced parking. See § 350-8.2.)No No No PB No No No Halfway houses No No No PB No No 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 PB PB No No 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) No No A A No No No Mixed residential/retail service, commercial uses Service, commercial uses No No A1 A1 No No 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 No No No 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 Flood elevation certificates are required prior to any building permit and 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 exceed 50% of the market value of the building before start of construction of the improvement). 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 09 - 01 - 2014 NORTHAMPTON CODE Principal Use Residential Business Medical Business Park Conservancy RR SR GB NB M BP SC2 Residential (cont’d) Reuse of an historic educational or religious building for any residential use, live/work space or office4 Site Site No No 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 No No Site Site No No No Community and Recreational Facilities Cemetery, including any crematory therein A A No No No A No Community center PB PB A Site PB PB No 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 A A A A Any other private school, college or university PB PB PB PB No 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 A A A A Hospital No No No No A No No Historical association or society and nonprofit museum (may include the residence of a caretaker)ZBA ZBA A A No A PB Membership club or health or athletic facility operated for profit No No A No No 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 CC CC A CC No CC No Outdoor commercial recreational use PB PB No No No PB PB 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. 2 Flood elevation certificates are required prior to any building permit and 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 exceed 50% of the market value of the building before start of construction of the improvement). 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 09 - 01 - 2014 ZONING Principal Use Residential Business Medical Business Park Conservancy RR SR GB NB M BP SC1 Community and Recreational Facilities (cont’d) 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 A A A A 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 A A No A A Year-round greenhouse or stand for wholesale and retail sale of agricultural or farm products PB PB A No No PB PB 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 No No No PB 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 PB PB No No No No PB Veterinary hospital in which all animals are kept inside permanent buildings No No A A No No No NOTE: 1 Flood elevation certificates are required prior to any building permit and 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 exceed 50% of the market value of the building before start of construction of the improvement). 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 09 - 01 - 2014 NORTHAMPTON CODE Principal Use Residential Business Medical Business Park Conservancy RR SR GB NB M BP SC1 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 No No No No NOTE: 1 Flood elevation certificates are required prior to any building permit and 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 exceed 50% of the market value of the building before start of construction of the improvement). 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 09 - 01 - 2014 ZONING Principal Use Residential Business Medical Business Park Conservancy RR SR GB NB M BP SC1 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 No 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 No 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. No No A A A A No Retail and personal services with a maximum floor area of: A:Less than or equal to 10,000 square feet for any single establishment No No A A No No No B:10,000 – 90,000 square feet, single establishment (See §§ 350-6.2, 350-10.15, 350-11);1 or No No PB No No 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 No No PB No No No No NOTE: 1 Flood elevation certificates are required prior to any building permit and 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 exceed 50% of the market value of the building before start of construction of the improvement). 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 09 - 01 - 2014 NORTHAMPTON CODE Principal Use Residential Business Medical Business Park Conservancy RR SR GB NB M BP SC3 Retail and Commercial Uses (cont’d) 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 No No PB No No 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 No No PB No No No No F.Over 90,000 square foot footprint for single establishment No No No No No No No 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 No No PB No No No No Automotive repair (not junkyard) without gasoline sales No No Site Site No No No Automotive service station (not junkyard) with or without convenience commercial No No PB PB No No No Junk cars, motor vehicle accessories, scrap metal. See § 350-8.8L.PB PB PB PB PB PB PB Business service and supply service establishments No No PB No No No No Commercial parking lot or structure including a public garage No No A A No No No Parking off site and combined parking. See §§ 350-8.5 and 350-8.7.PB PB PB PB PB PB PB Parking lot access for nonresidential uses across a residential lot. See § 350-8.9.PB PB PB PB PB PB PB Parking requirement reduction. See § 350-8.10F.PB PB PB PB PB PB PB Fees in lieu of parking. See § 350-8.11.No No No No 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. 3 Flood elevation certificates are required prior to any building permit and 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 exceed 50% of the market value of the building before start of construction of the improvement). 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 09 - 01 - 2014 ZONING Principal Use Residential Business Medical Business Park Conservancy RR SR GB NB M BP SC2 Retail and Commercial Uses (cont’d) Filling of any land. See § 350-10.4.PB PB PB PB No PB No Filling of water or wet area. See § 350-10.3.PB PB PB PB No PB PB Funeral establishment (In URB, the owner must be a funeral establishment director and a bona-fide resident of that establishment.)No No PB A No No No Hotels/Motels No No PB No No No No Movie picture and live theater, indoor, not including night club/dance hall or adult uses No No PB No No No No Miniature golf course, temporary carnival No No No No No No PB Night club/dance hall No No PB No No No No Pool or billiard hall, amusement arcade, bowling alley, teen center No No PB No No No No Medical center including accessory medical research and associated facilities No No PB No PB No No 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 No No A A No (PB)1 No No 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 No No A A No No 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. PB PB No No No PB No Repair service establishments No No PB No No No No Restaurants and drinking places where consumption is primarily intended to be within the building No No A PB No No No NOTE: 1 Medical and dental offices (only). 2 Flood elevation certificates are required prior to any building permit and 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 exceed 50% of the market value of the building before start of construction of the improvement). 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 2:9 09 - 01 - 2014 NORTHAMPTON CODE Principal Use Residential Business Medical Business Park Conservancy RR SR GB NB M BP SC1 Retail and Commercial Uses (cont’d) Takeout restaurants or other establishments selling foods prepared on premises where consumption is primarily off the premises No No PB No No No No Drive-in establishment No No No No No No No Tradesman No No A PB No No No Utilities, Telecommunications, Municipal Facilities Facilities for essential services A A A A A A PB Heavy public use. See § 350-10.7.CC CC CC CC No CC CC Municipal facility A A A A No A CC Power plant No No No No No No No Private utility, substation, or similar facility or building PB PB PB PB PB PB PB Small-scale hydroelectric generation PB PB PB PB No PB PB Telecommunications facilities (in accordance with §§ 350-2.1 and 350-10.9)PB PB PB PB PB PB No 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 Site Site Site No Wholesale Transportation and Industrial Uses Airport, including aircraft sales No No No No No No PB Heliport No No PB No No No PB Bus passenger terminal and taxi facilities No No A No No No No Construction supply establishments No No No No 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 No No No No Commercial motor vehicle maintenance, garaging and parking facilities (Outside parking shall be screened from the public view.)No No No No No No No NOTE: 1 Flood elevation certificates are required prior to any building permit and 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 exceed 50% of the market value of the building before start of construction of the improvement). 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 2:10 09 - 01 - 2014 ZONING Principal Use Residential Business Medical Business Park Conservancy RR SR GB NB M BP SC1 Wholesale Transportation and Industrial Uses (cont’d) Manufacturing No No No No 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 No No A No No No No Motor freight terminal and warehousing associated with adjacent commercial and industrial uses No No No No No No No Warehousing and storage not associated with adjacent commercial and industrial uses No No No No No No No Planned business park No No No No No PB 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. PB PB No No No PB PB Removal of sand, gravel, quarry, or other raw material. See § 350-10.3.PB PB No No No PB PB Private bridge, tunnel PB PB PB PB PB PB PB Railroad passenger terminal No No A No No No PB Railroad yards and railway express service No No PB No No No No Storage of a fluid other than water (as principal use)No No PB PB No No 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 No No No No Research and development facilities No No PB PB No PB No Wholesale bakery, wholesale laundry, or dry-cleaning plant No No PB No No No No Wholesale trade and distribution No No A No No No No NOTE: 1 Flood elevation certificates are required prior to any building permit and 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 exceed 50% of the market value of the building before start of construction of the improvement). 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 2:11 09 - 01 - 2014