Agawam City Zoning Code

Allowing a diversity of uses in close proximity in the district within a limited area, including residential, commercial, and office;

Accommodating mixed-use buildings with neighborhood-serving retail, service and other uses on the ground floor and residential units above;

Encouraging development that exhibits the physical design characteristics of pedestrian-oriented storefront-style shopping streets;

Promoting the opportunity for people to work, meet, shop and utilize services in the vicinity of their residences;

Providing opportunities for the development of affordable housing;

Providing opportunities for a mixture of uses in the same building;

Promoting a positive pedestrian environment in the district;

Facilitating integrated physical design;

Promoting a high level of design quality;

Encouraging the development of flexible space for small and emerging businesses;

Facilitating development proposals responsive to current and future market conditions; and

Encouraging the development of open spaces and parks within the district to accommodate workers, residents, pedestrians, and shoppers.

Mixed-use developments may be constructed in the Mixed-Use Development Overlay District with site plan review by the Planning Board in accordance with § 180-13. The following uses may be included by right with site plan review within a mixed-use structure in a mixed-use development:

The above uses are not allowed as stand-alone structures in this district.

The following uses may be included within a mixed-use development with the approval of a special permit from the Board of Appeals in accordance with §§ 180-11 and 180-12:

Within a mixed-use development, the above-listed uses shall not be allowed as freestanding buildings.

The following uses shall not be included within a mixed-use development:

Within an approved mixed-use development, there shall be no restriction on combining different categories of use within the same building except any imposed by the State Building Code or other federal, state, or local regulations.

No mixed-use development shall have more than 75% of the total square footage in the development used for residential uses, including multifamily uses, assisted living and senior housing.

All mixed-use developments requiring a special permit in § 180-143B above must meet the special permit requirements in § 180-11 and the site plan approval requirements in § 180-13.

All mixed-use developments requiring a special permit must also meet the following additional special permit criteria:

Traffic and safety impacts to the existing and proposed roads shall be minimized.

Access provided via shared curb cuts shall be encouraged. Curb cuts shall be as narrow as is feasible, without resulting in traffic safety issues.

Pedestrian and vehicular traffic shall be separated, and walkways shall be provided for access to adjacent properties and between businesses.

Plans must illustrate provisions for safe automobile, pedestrian and bicycle circulation. Provisions must be made for motor vehicle, bicycle, and pedestrian circulation connections to adjacent lots.

The Planning Board shall require a detailed traffic study for the following uses:

The Planning Board may waive any or all requirements for a traffic study for external enlargements of less than 2,000 square feet of gross floor area in excess of the 25,000 square feet gross floor area threshold. The traffic impact statement shall contain:

In order to protect, preserve, and promote the health, safety, welfare, and peace and quiet of the inhabitants of Agawam through the reduction, control, and prevention of such loud or raucous noise that unreasonably disturbs, injures, or endangers the comfort, privacy, repose, health, peace or safety of reasonable persons, all noise levels, measured at a height of four feet above the ground surface at all property lines, using a sound meter which meets the most current American National Standards Institute's Specification for Type II Sound Level Meters, must not exceed the following standards:

These standards shall not apply to power tools and equipment (i.e., lawn mowers, leaf blowers, sweepers, etc.) used in the normal maintenance of the site's outdoor areas (i.e., lawn, garden, parking, etc.). Such outdoor maintenance shall be limited to between the hours of 8:00 a.m. and 7:00 p.m.

Emissions and odors 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. No emissions are permitted which can:

The determination of what emissions are in violation of this provision shall be made by the Zoning Enforcement Officer or his/her designee, taking into consideration all of the following:

Lighting systems should be designed, constructed, and installed in a manner that controls glare and light trespass, minimizes obtrusive light, conserves energy and resources while maintaining safety, visibility, security of individuals and property and curtailing the degradation of the nighttime visual environment. Evenly distributed lighting throughout a site will minimize impacts on surrounding neighborhoods and increase 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.

All lighting shall comply with the following:

All materials, supplies and equipment shall be stored in accordance with Fire Prevention Standards of the National Board of Fire Underwriters and shall be screened from view from public ways and abutting properties.

Waste disposal shall follow state and Town Board of Health regulations.

Storage of waste and waste facilities shall be screened from view from public ways and neighboring properties.

Appropriate provisions shall be made for the disposal of trash, which may include, but shall not be limited to, the provision of trash compactors within the building or on site, as well as a signed annual contract for rubbish removal.

Dumping of dumpsters shall be limited to weekdays between the hours of 7:00 a.m. and 11:00 p.m. only. Dumpsters must be fenced, gated and screened from view.

The Planning Board may require that operations, including loading and unloading, shall be limited to weekdays between the hours of 7:00 a.m. and 11:00 p.m. only.

Loading and unloading platforms and doorways specially designed for loading/unloading are prohibited on the front side of any building.

For public convenience, a pedestrian and/or bicycle way or sidewalk system shall connect all uses on the site and otherwise provide appropriate circulation or continuity to an existing pedestrian or bicycle circulation system. These uses include, but are not limited to, residential, parking, transit, bicycling, recreation, and commercial uses.

Walkways and sidewalks must conform to requirements of the Americans with Disabilities Act (ADA) and the Massachusetts Architectural Access Board (MAAB).

Sidewalks are required along all Town streets. A treebelt is required adjacent to sidewalk areas. The Planning Board can waive treebelt requirements in situations where they determine that local conditions warrant.

The development should provide internal and/or public pedestrian connections that are direct, convenient and pleasant with appropriate amenities (e.g., attractive sidewalks and benches).

Parking shall be located to the side or rear of buildings. In no case shall parking be allowed in the treebelt adjacent to the sidewalk or within the front setback of any lot.

Parking spaces may be located either on or off the lot. Applicant must show proof of space, dedicated to the use, its location relative to the building, and must indicate if the space is owned or leased.

Buildings that do not have frontage on a street must provide access for emergency and service vehicles through the layout and design of driveways, interior service roads, or pedestrian and bicycle circulation corridors.

The Planning Board may allow shared parking in a mixed-use development.

A parking study shall be required for all new structures within the district. A parking study is not required for reuse of existing structures. A formal parking study may be waived for small developments where there is established experience with the land use mix and its impact is expected to be minimal. If standard rates are not available or limited, the applicant may collect data at similar sites to establish local parking demand rates.

Alleys are permitted to access parking in the rear of structures, with Planning Board review.

Alleys must be safe, secure and well lit.

Alleys must be paved, with a minimum width of 10 feet.

Existing buildings shall be reused for mixed-use developments, where feasible, as a priority over new construction.

Buildings or structures that are listed or eligible for inclusion on the National Register of Historic Places and/or the Massachusetts Register of Historic Places shall be converted, constructed, reconstructed, restored or altered to maintain or promote the status of the building or structure on, or eligibility for inclusion on, the State or National Register of Historic Places.

Signs shall conform to the existing ordinances of the Town of Agawam in §§ 180-75 through 180-89.

Permitted signs include signs located within the sign band on building facades; awning signs; hanging signs projecting from building facades; window signs and unmovable freestanding signs.

Temporary signs permitted include political signs; special events signs; and for-sale or for-lease signs.

Prohibited signs include flashing signs; roof signs; movable signs; internally lit plastic signs.

Each business may display not more than two permanent signs.

Sign materials should be durable and easy to maintain. Signs may be constructed of wood, metal, stone, gold leaf, glass, canvas or stained glass or encased in a wooden frame.

Sign illumination may include external white light illumination, provided it is shaded from view off the premises, and neon.

Sign size. Signs may not exceed 16 square feet in area.

Sign height. Freestanding pole signs shall have a maximum height of 10 feet; other freestanding signs shall have a maximum height of four feet.

Screening of mechanical equipment, trash, and loading areas shall be provided through the use of walls, fences, and/or dense, evergreen plant materials.

The landscaped perimeter area shall have a minimum width of at least five feet and can consist of tree planters, brick pavers, and benches.

Landscaping shall be provided for driveways and other vehicular use areas to provide visual and climatic relief from broad expanses of pavement and to channelize and define logical areas for pedestrian and vehicular traffic.

Interior parking areas shall be landscaped with sufficient shade trees to provide 50% shade within 15 years of installation.

Completion of the landscaping requirements may be postponed due to seasonal weather conditions for a period not to exceed six months from the time of project completion.

To the extent feasible, mixed-use development projects shall recharge all stormwater on site. The use of green infrastructure strategies for stormwater recharge, such as permeable pavements, tree box filters, green streets, rain gardens, stormwater infiltration basins and green roofs, are strongly encouraged.

Applicants' site plans shall indicate how the proposed development addresses green infrastructure and stormwater recharge.

All landscaping and screening shall be maintained by the property owner.

Landscaping and screening plant materials shall not encroach on the public walkways or roadways in a way that impedes pedestrian or vehicular traffic or visibility.

Shrubs or trees that die shall be replaced within one growing season.

Architectural design shall be compatible with the historic character and scale of buildings in the neighborhood and the Town of Agawam through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques.

In making its decision, the Planning Board may consider whether the building design is compatible with the following design guidelines:

Variations in architectural detail, form and siting shall be used to provide visual interest and avoid monotony.

Existing buildings subject to reconstruction or rehabilitation and proposed buildings shall be compatible with the historic character and scale of contiguous buildings within the immediate neighborhood vicinity.

Proposed buildings should relate harmoniously to each other.

Buildings shall be designed so that retail, restaurant, and personal-service establishments are strongly encouraged to be located on the ground or below-grade building levels.

The entire building facade must be oriented to front and side street property lines and must be located within 15 feet of such property lines, with sidewalks in front of buildings.

Public open spaces, such as plazas and pocket parks, are encouraged within the development.

Outdoor dining shall be permitted by right, as an accessory use for any restaurant use, and must comply with the following standards:

At least 10% of the total dwelling units in a mixed-use development may be designated as affordable housing. Affordable housing will be defined as those residential units affordable to a household earning up to 80% of the median income in Agawam's statistical area.

The affordable housing units shall include resale, lease or rental controls that will ensure continued affordability by future low- and moderate-income households. Deed restrictions or similar devices shall be used to limit future sale or rental prices for these purposes.

The affordable units may be located in an existing structure if their construction constitutes a net increase in the number of dwelling units in the development.

An increase in building height to a maximum of four stories;

An increase in lot coverage to a maximum of 95%.