General definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of the Zoning Ordinance have the meaning indicated in this section:
ABUTTo touch or be contingent.
ACCESSORY USES AND STRUCTURESCustomarily incidental to any principal use permitted in the zoning district in which it is located. In no case shall an accessory use dominate in area, extent or purpose the principal lawful use or building, and except for signs, it shall not be located between the principal building and the street line. Real estate signs not over 12 square feet in area and announcement or professional signs not over two square feet shall not be considered "accessory uses."
[Amended 6-21-2005 by Ord. No. 05-151]
ADDITIONAn extension or increase in floor area or height of a building or structure.
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, video and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, §
31, and which excludes minors by virtue of age.
[Added 2-2-1993 by Ord. No. 93-2]
ADULT CLUBAn establishment which as a form of entertainment allows a person or persons to perform in a state of nudity as defined in MGL c. 272, §
31, and/or allows a person or persons to work in a state of nudity as defined in MGL c. 272, §
31, and which excludes minors as a virtue of age.
[Added 7-5-1994 by Ord. No. 94-35]
ADULT ENTERTAINMENTAny exhibition, film or video, live performance, display (including amusement machines) or dance of any type which has a significant or substantial portion of such performance, actual or simulated, relating to sexual conduct or sexual excitement as defined in MGL c. 272, §
31, and which excludes minors as a virtue of age or which includes the exhibition and viewing of persons or depictions thereof in a state of nudity as defined in MGL c. 272, §
31.
[Added 7-5-1994 by Ord. No. 94-35]
ADULT ENTERTAINMENT ESTABLISHMENTAn establishment to which the public, patrons or members are invited or admitted and which is physically arranged to provide booths, cubicles, rooms, studios, compartments or stalls separate from the common areas of the premises for the purposes of viewing adult-oriented material or wherein an entertainer provides adult entertainment to a member of the public, patron or member, when such adult entertainment is held, conducted, operated or maintained for a profit, direct or indirect.
[Added 7-5-1994 by Ord. No. 94-35]
ADULT THEATERAn enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, §
31, and which excludes minors by virtue of age.
[Added 2-2-1993 by Ord. No. 93-2]
APPLICANTThe person or persons, including a corporation or other legal entity, who applies for issuance of a special permit hereunder. The applicant must own, or be the beneficial owner of, all the land included in the proposed site or have authority from the owner(s) to act for him/her/it/them or hold an option or contract duly executed by the owner(s) and the applicant giving the latter the right to acquire the land to be included in the site.
[Added 8-3-2004 by Ord. No. 04-74]
AREA, BUILDINGThe maximum horizontally projected area of the building at or above grade, exclusive of court and vent shafts.
AREA, FLOORThe usable area of each story of a building or portion thereof within surrounding exterior walls.
ATTICThe space between the ceiling beams of the top habitable story and the roof rafters.
AUTOMOBILE PARKINGAn area used for parking in cases where such a use is not accessory to a permitted or special permit use in the zoning district in which it is located.
AUTOMOTIVE SERVICE STATIONPremises used primarily for supply gasoline, oil, tires and related products for motor vehicles. Maintenance and general repairs to automobiles, motorcycles and small trucks are permitted as a subordinate activity.
AUTOMOTIVE TRADEThe retail sale of new and used cars, trucks, motorcycles and other motor vehicles.
AUTO SALVAGE YARDStorage area for unusable vehicles where parts are removed and stored, scrap metal is collected and materials are resold.
BASE FLOODThe one-hundred-year flood, otherwise designated as the flood which has a one-percent possibility of being equaled or exceeded in any given year; as delineated as Floodplain Zones A and A1-30 on the Flood Boundary and Floodway Map and the Flood Insurance Rate Map.
BUILDING COMMISSIONERThe Building Commissioner of the City of Chicopee, also referred to as the "Building Inspector," charged with the duty of enforcing the Building Code and zoning ordinances of Chicopee.
BUILDING LINEThe line established by law beyond which a building shall not extend, except as specifically provided by law.
BUSINESS BUILDINGA building in which 100% of the street level area is used for permitted uses under Business A Zoning Districts.
[Added 3-19-1991 by Ord. No. 91-18]
BUSINESS SERVICESServices used in the conducting of business and commerce, including but not limited to consumer and mercantile credit reporting; news services; research, development and testing; business management and consulting; equipment rental; photo finishing; and automotive rental and distribution services.
CERTIFICATE OF USE AND OCCUPANCYThe certificate issued by the building official which permits the use of a building in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts, together with any special stipulations or conditions of the building permit.
CLUSTER DEVELOPMENTA residential development in which the buildings and accessory uses are clustered into one or more groups separated from adjacent property and other groups within the development by intervening open land.
COMMERCIAL BUILDINGA building in which 20% to 100% of the street level area is used for permitted uses under Commercial A and/or Commercial A-1 Zoning Districts.
[Added 3-19-1991 by Ord. No. 91-18]
COMMERCIAL RECREATIONOutdoor recreational facilities, including but not limited to golf driving ranges, outdoor movie theatres, amusement parks and go-cart tracks.
COMMUNICATIONSExchanges and stations used for the transmittal and relay of electronic communication messages, including but not limited to facilities for telephone, telegraph, radio, television and cable television.
CONTRACT CONSTRUCTION SERVICESFacilities used by firms engaged in construction activities, including but not limited to plumbing, heating, air conditioning, painting, electrical, masonry, stonework, tile setting and plastering, carpentering and wood flooring, roofing and sheet metal, concrete and well drilling.
CORNER LOTOne with two adjacent sides abutting upon streets or other public ways.
CURB LEVELThe elevation of the street curb as established in accordance with law.
DAY-CARE CENTERAny facility operated on a regular basis, whether known as a "day nursery," "nursery school," "kindergarten," "child play school" or known under any other name, which receives seven or more children (not of common parentage) during the course of any one day, if such children have special needs for nonresidential custody and care during part or all of the day separate from their parents. Day-care centers" shall not include any part of a public school system; any part of a private, organized educational system unless the services of such system are primarily limited to kindergarten, nursery or related preschool services; or a Sunday school conducted by a religious institution.
DEVELOPMENTAny man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
DISPLAY SURFACEThe surface which is made available by the structure either for the direct mounting of letters and decoration or for the mounting of the facing material that is intended to carry the entire advertising message.
DRIVE-IN RESTAURANTAny eating establishment where persons are either served or eat in their cars, not exclusive of their ability to do otherwise.
DWELLINGS[Amended 1-24-2011 by Ord. No. 11-02]
(2) TWO-FAMILY DWELLINGA building containing two dwelling units with not more than three lodgers or boarders within the structure.
(4) MULTIFAMILY DWELLINGAny building or portion thereof used as a multiple dwelling for the purpose of providing four or more separate dwelling units.
(5) DORMITORYA space in a unit where group sleeping accommodations are provided, with or without meals, for persons not members of the same family group, in one room or in a series of closely associated rooms, under joint occupancy and single management, as in college dormitories.
DWELLING UNITOne or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit with cooking, living sanitary and sleeping facilities.
EATING AND DRINKING PLACESA building used for the serving of food and/or drink for consumption on the premises, but excluding drive-in restaurants as defined in this section.
EDUCATIONAL SERVICESPrivately owned and operated facilities for instruction and education, including but not limited to nursery schools, colleges and professional schools, vocational and business schools and art, dancing and driving schools. It does not include day-care centers.
ELEVATIONAbove mean sea level, to be obtained by interpolation between contours on the United States Geological Survey topographic map or by field measurements.
ENTERTAINMENT ASSEMBLYTheaters and other indoor places of assembly used for entertainment and recreational activities.
FINANCE, INSURANCE and REAL ESTATEServices associated with financial and investment needs, including but not limited to banking services, security and commodity brokers, insurance services and real estate.
FLOODPROOFEDWatertight with walls substantially impermeable to the passage of water with structural components having the capability to withstand hydrostatic and hydrodynamic loads and effect of buoyancy.
FLOODWAYThe channel of a watercourse plus any portion of the adjacent bank designated to be kept free of encroachment so that the discharge of the base flood may be carried without increase in flood elevation, as designated on the Flood Boundary and Floodway Map.
FLOOR AREA, GROSSThe floor area within the perimeter of the outside walls of the building with no deduction for hallways, stairs, closets, thickness of walls, columns or other features.
FLOOR AREA, NETThe actual occupied area, not including accessory unoccupied areas or thickness of walls.
FLOOR AREA RATIO (FAR)The ratio of the gross floor area to the area of the lot, i.e., a maximum, "FAR" of three to one (3:1) would allow 3,000 square feet of floor area on a one-thousand-square-foot lot, such as in a four-story building with each floor having 750 square feet.
FRONT YARDA required open and unoccupied space within and extending the full width of the lot, parallel to the street lot line, between the street line and the part of the building nearest to such street line, exclusive of steps.
GOLF COURSEA recreational area for playing golf, including a clubhouse as an accessory use to the "golf course."
GOVERNMENTAL SERVICESStructures, services, utilities, parks, playgrounds and offices commonly associated with the operation of government.
GRADEA reference plane representing the average of finished ground level adjoining the building at all exterior walls extending to the lot lines.
GUESTA person who rents out a room or rooms in a hotel or motel.
HEIGHT, BUILDINGThe vertical distance from the grade to the highest point of the roof, excluding the parapet wall.
HEIGHT, COURTThe vertical distance from the lowest level of the court to the average height of the top of the enclosing walls.
HEIGHT STORYThe vertical distance from top to top of two successive tiers of beams or finished floor surfaces and, for the topmost story, from the top of ceiling to the top of the roof rafters.
HEIGHT, WALLThe vertical distance from the foundation wall or other immediate support of such wall to the top of the wall.
HOME OCCUPATIONAny use customarily conducted entirely within the dwelling and carried on by the inhabitant thereof, which is clearly incidental and secondary to the use of the dwelling purposes and does not change the character thereof, and provided that no article is sold or offered for sale except such as may be produced on the premises by members of the immediate family. Home occupations do not include telephone and office use where the principal business is not conducted on the property. At no time shall there be any exterior indication of the home occupation other than an identification sign, and there shall be no outdoor manifestations, such as traffic generation, noise, fumes or noxious odors which are different or greater than those usually experienced in the residential neighborhood.
[Added 3-16-1999 by Ord. No. 99-1]
HOSPITALAn institution licensed by the state devoted to inpatient care, where medical and/or surgical care is dispensed on a twenty-four-hour basis.
[Added 12-1-1987]
HOTEL or MOTELAny building or group of buildings which provides sleeping accommodations for transient motorists and which is not licensed as a lodging house.
[Amended 8-4-1987]
INDUSTRYUses involving the processing, assembly and fabrication of materials.
LODGER or BOARDERAny person who rents out a room or rooms in a lodging house.
[Amended 8-4-1987]
LODGING HOUSEA house where lodgings are let to four or more persons not within the second degree of kinship to the person conducting it, where the lodging units are not separate dwelling units.
[Amended 8-4-1987]
LOTA portion or parcel of land considered as a unit. Lots shall have boundaries identical with those on record in the Hampden County Registry of Deeds. 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 and are not later separated.
LOT AREAThe area of the plan defined by the lot lines.
LOT COVERAGEThat percent of the lot covered by the principal and accessory structure. Coverage shall include the ground area enclosed by walls, together with the area of all covered porches and other roofed portions, including areas covered by building overhangs.
LOT DEPTHWhere a minimum lot depth is prescribed, lot depth shall be measured determining the mean horizontal distance between a front and rear lot line.
[Amended 7-7-1987]
LOT FRONTAGEThe distance along the street lot line from one side lot line to the other. In the case of a cul-de-sac or curve where the turning radius along the street line is 75 feet or less, lot frontage may be measured along the setback line.
LOT LINEA line dividing one lot from another or from a street or any public place. A lot line must be described on a deed or legal instrument.
LOT WIDTHThis distance measured along the setback line between the side lot lines. If the side lot line does not extend to the front setback line, the measurement will be taken at the point of intersection with another line.
MEMBERSHIP CLUBSOrganizations basically social in nature, including but not limited to business associations; professional membership organizations; labor unions; and religious, civic, social and fraternal associations.
MEMBRANE COVERED STRUCTURESAny temporary or permanent structure consisting of a frame covered with fabric, plastic or other flexible material.
[Added 2-20-2001 by Ord. No. 01-06]
MINIMUM DISTANCE"Minimum distance" or average distance from a building to a lot line or street shall be measured at right angles to such line.
MOBILE HOMEA dwelling unit built on a chassis and containing complete electrical, plumbing and sanitary facilities and designed to be installed on a temporary or permanent foundation for living quarters.
MOBILE HOME PARKAny lot or tract of land upon which three or more mobile homes occupied for dwelling purposes are located.
MOTOR FREIGHT TRANSPORTATIONMotor freight terminals; garaging and outside parking and storage of vehicles and as an accessory use for motor vehicle repairs.
MOTOR VEHICLE REPAIRPremises primarily used for repair work on motor vehicles, including but no limited to brake jobs, engine repair and replacement, electrical repairs, muffler and exhaust system and transmission repairs, as well as other repairs of any major or minor nature needed on automobiles or motor vehicles exclusive of auto body work. It includes towing service for automotive truck repairs and other services normally contracted for by individuals.
[Amended 9-20-2007 by Ord. No. 07-65]
MUNICIPAL FACILITIESFacilities utilized in the provision of services normally provided by municipalities, such as schools, parks, playgrounds, municipal office buildings, maintenance buildings and City-run utilities.
NONCONFORMING USEThe use of any premises, building or structure which does not conform to the requirements for the district in which it is located and which was lawfully existing at the effective date of this chapter or any amendments.
NURSING HOMEAs defined in MGL c. 111, § 71, Licensing of convalescent and nursing homes, infirmaries, etc., as amended.
[Amended 3-17-2009 by Ord. No. 09-78]
OVER AGE 55 RESTRICTED HOUSINGA planned development of land consisting of one or more structures constructed expressly for use and residency by persons who have achieved the minimum age requirement for residency of 55 years or older, as permitted by MGL c. 151B, §
4, Subsection
6, as amended and developed in accordance with Chicopee City Code §
275-53 dimensional and density requirement.
[Added 3-17-2009 by Ord. No. 09-78]
OVERLAY DISTRICT REVIEW COMMITTEEA committee established by the City Council to assist in the technical review of overlay district zoning and overlay district project proposals.
[Added 8-3-2004 by Ord. No. 04-74; amended 9-1-2009]
OVERLYING DISTRICTThe zoning district which overlies another zoning district. In such areas, restrictions pertaining to both districts apply.
PERSONAL SERVICESConsumer-oriented services, including but not limited to laundering and dry cleaning; photographic services; beauty and barber; apparel repair, alteration and cleaning; and shoe repair.
PORCHAn accessory to a building projecting from the front, side or rear of the same. The "porch" shall be separated from the building by a wall and shall not have a permanent foundation.
PROFESSIONAL SERVICESServices performed by professional persons for business and personal use, including but not limited to medical and health; planning, engineering and architectural; accounting, auditing and bookkeeping; and educational and scientific.
PROJECTMill conversion project. The conversion of an existing mill, or portion thereof, to multifamily dwellings and/or some combination of appropriate nonresidential uses.
[Added 8-3-2004 by Ord. No. 04-74]
REAR LOT LINEThe lot line opposite to the street line, except in case of a corner lot, the "rear lot line" may be elected by the owner, provided that it be indicated in the plan as filed with the Building Commissioner.
REAR YARDA required open unoccupied space, the full width of the lot, between the rear wall of the building throughout its height and the rear lot line. In the case of a triangular lot with only one side fronting on a street, the rear lot shall be the open unoccupied space between the rear wall of the building and a line halfway between the point of intersection of the side lines of the lot.
REPAIR SERVICESRepair of household items, except motor vehicles, including but not limited to lawn mowers; electrical appliances; radio and television; watch, clock and jewelry; reupholstery and furniture.
RETAIL TRADEThe sale of goods to consumers, including but not limited to the sale of building materials, general merchandise, food, automotive supplies, marine crafts, apparel, furniture, home furnishings, pharmaceuticals, liquor, stationery and books, sporting goods, farm and garden supplies and jewelry.
SALVAGE YARD or JUNKYARDAny land or premises, with or without buildings, used for the deposit, collection or storage of used or discarded things or materials, whether or not in connection with the dismantling, processing, salvage, sale or other use or disposition thereof; and the deposit or storage on any lot of three or more wrecked or inoperative vehicles or parts thereof for one month or more shall be deemed to be a "salvage yard." Garaged vehicles shall be exempt from this provision.
SETBACKThe minimum distance from the street lot line to a building placed thereon, excluding exterior steps.
SETBACK LINEA line which denotes the location of the minimum setback.
SIDE YARDA required open unoccupied space within a lot between a side lot line, not a street line, and the parts of a building nearest to such side lot line. Such a "side yard" must extend through its required width from the street line to the rear yard or its equivalent or to another street.
SIGNAny permanent or temporary structure, device, 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 inform as to the activity or occupation taking place on a particular premises. A "sign" may be considered accessory to a particular use when it advertises or indicates the person occupying the premises on which the "sign" is erected or advertises the property itself or any part thereof as for sale or rent and which contains no other matter.
SIGN, ACCESSORYAny sign, display, light, figure, painting, drawing, poster, object or device, whether fixed or movable, displayed for the purpose of advertising or identifying goods and services that are sold or produced on the property on which the sign is located.
[Added 10-18-2011 by Ord. No. 11-47]
SIGN, BILLBOARDA sign which advertises an activity or business other than one conducted on the property.
[Added 10-18-2011 by Ord. No. 11-47]
SIGNS, NONACCESSORYAny billboard, sign, display, light, figure, painting, drawing, poster, object or device, whether fixed or movable, displayed for the purpose of advertising or identifying goods and services that are not sold or produced on the property on which the sign is located.
[Added 10-17-2006 by Ord. No. 06-11G]
SIGNS, TEMPORARYSigns used for a limited period of display, examples of which include but are not exclusive of the following: signs pertaining to sales promotions, drives or events of political, civic, philanthropic, educational or religious organizations.
[Added 10-17-2006 by Ord. No. 06-11G]
SMALL-SCALE PRODUCTION FACILITIESUses involving the processing, assembling and fabrication of materials on a limited basis in terms of size and number of employees. Such uses are to be developed in a manner which will improve the general neighborhood in which they are located. Outdoor storage is prohibited.
[Added 3-6-1984]
SMOKEHOUSEA building where meat or fish is cured by means of dense smoke.
[Added 11-20-1984; amended 6-21-2005 by Ord. No. 05-153]
SPECIAL PERMITA permit issued by a City board specifically authorized in the Zoning Ordinance for the establishment of a use not permitted as a matter of right in the district in which it is to be located.
SPORTS ASSEMBLYStadiums, arenas, racetracks and other facilities used for the viewing of sporting events.
STATE BUILDING CODEThe Massachusetts State Building Code established by MGL c. 30A, as amended.
STORYThat portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above.
STORY, FIRSTA story in which the finished floor is nearest to and the ceiling of which is six feet or more above the average grade of the sidewalk or ground adjoining.
STREETA primary thoroughfare or highway as dedicated or devoted to public use by legal mapping use, accepted by the City Council.
[Amended 9-1-2009]
SUBSTANTIAL IMPROVEMENTAny repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the actual cash value of the structure before the improvement is started or, if the structure has been damaged and is being restored, before the damages occurred.
TOWING AND STORAGE OF MOTOR VEHICLESTowing and storage services are businesses that include towing and or storage of towed vehicles, trailers or anything mounted on trailers. These operations include office; dispatch center; parking for towing vehicles and any other towing equipment, employees and patrons of a towing business; and storage of vehicles, trailers or anything mounted on trailers which have been towed from accidents, abandonment or for reasons other than automotive and truck repair services normally contracted for by individuals.
[Added 9-20-2007 by Ord. No. 07-70]
TOWNHOUSEA row of at least three and not more than eight one-family attached dwelling units, each separated from other dwelling units by a fire wall or walls. Each unit in the row may be owned by a separate owner.
UNDERLYING DISTRICTA zoning district which underlies another zoning district. In such areas, restrictions pertaining to both districts apply.
UTILITIESPublicly owned, controlled or regulated services, including but not limited to electric, gas, water, sewage disposal, solid waste disposal and communications.
WAREHOUSING and STORAGEFacilities for the storage of various goods and commodities and for the distribution thereof, including but not limited to refrigerated warehousing; farm products warehousing and storage, excluding stockyards; food lockers; and household goods.
WHOLESALE TRADEThe sale of goods to retail stores or distributions for the purpose of resale, including but not limited to farming and construction equipment and vehicles; sales and services of dry goods and apparel; farm products; electrical goods; hardware; plumbing; heating equipment and supplies; and machinery.
WIRELESS COMMUNICATIONS FACILITYA wireless communications monopole or tower which may include antennas, satellite dishes and associated structures which facilitate wireless communications services. (NOTE: The current definition of communications may require amendment; the special permit ordinance for height, §
275-27, may require amendment.)
[Added 4-15-1997 by Ord. No. 97-19]
WIRELESS COMMUNICATIONS SERVICESThe provision of cellular telephone service, personal communications and enhanced specialized mobile radio service. (NOTE: The current definition of communications may require amendment; the special permit ordinance for height, §
275-27, may require amendment.)
[Added 4-15-1997 by Ord. No. 97-19]
YARDA portion of a lot located between a structure and a side or rear lot line which must remain open and unobstructed except as may be allowed by specific provisions of this chapter.