Single-family detached dwellings.

Churches and other places of worship.

Cemeteries adjacent to or in extension of existing cemeteries.

Private schools and colleges.

Greenhouses accessory to a farm or private residence.

Governmental services.

Farms, nurseries and truck gardens.

Utilities transmission facilities and rights-of-way.

Golf courses.

Accessory uses.

Membership clubs.

Charitable institutions.

Garages and stables which are not accessory uses to the principal structure.

New cemeteries.

(Reserved)[1]

Hospitals.

Isolation, drug and alcoholic clinics.

(Reserved)[2]

(Reserved)[3]

Parking facilities.

(Reserved)[4]

Permit for more than one unregistered vehicle.

Animal kennels.

Minimum lot size: 10,000 square feet.

Minimum setback: 25 feet to foundation and 15 feet to a porch or other part of the building. Where existing buildings within 300 feet on each side of the lot, on the same side of the street and within the same block and district, are set back less than the required minimum, new structures may be erected at the average alignment of the existing buildings. However, all buildings, including porches and other parts of the building, must be set back a minimum of 10 feet.

Minimum lot frontage: 100 feet.

Minimum lot depth: 100 feet.

Yards and maximum coverage shall be as follows:

Single-family detached dwellings.

Two-family residences.

Churches and other places of worship.

Cemeteries adjacent to or in extension of existing cemeteries.

Private schools and colleges.

Greenhouses accessory to a farm or private residence.

Governmental services.

Farms, nurseries and truck gardens.

Utilities transmission facilities and rights-of-way.

Golf courses.

Accessory uses.

Membership clubs.

Charitable institutions.

Garages which are not accessory to the principal structure.

(Reserved)[1]

(Reserved)[2]

New cemeteries.

Boardinghouses.

Hospitals or sanitoriums.

Isolation, drug and alcoholic clinics.

(Reserved)[3]

Parking facilities.

(Reserved)[4]

Permit for more than one unregistered vehicle.

Animal kennels.

Minimum lot size: single-family dwelling, 7,500 square feet; other uses, 10,000 square feet.

Minimum setback: 25 feet to foundation line and 15 feet to a porch or other part of the building. Where existing buildings within 300 feet on each side of the lot, on the same side of the street and within the same block and district, are set back less than the required minimum, new structures may be erected at the average alignment of the existing buildings. However, all buildings, including porches and other parts of the building, must be set back a minimum of 10 feet.

Minimum lot frontage: single-family residence, 75 feet; other uses, 100 feet.

Minimum lot depth: 100 feet.

Yards and maximum coverage.

Waivers. The City Council may waive dimensional requirements upon written request of the applicant for a development which, in the opinion of the City Council, serves to preserve a unique natural area, historical building, or is determined to be compatible with the neighborhood in which it is proposed.

Single-family dwellings.

Two-family dwellings.

Three-family dwellings.

Multifamily dwellings (four or more units).

Governmental services.

Accessory uses.

Uses which may be allowed in Residential C Districts by special permit by the City Council shall be as follows:

Lot area. Required minimum lot area.

Distance between buildings: all principal buildings shall be separated by a minimum of 25 feet.

Yards. Required minimum front, side and rear yard setbacks.

Frontage. The following minimum lot frontage shall be required:

Depth. The following minimum lot depth shall be required:

Height. Height shall be limited to 40 feet for all principle uses.

Accessory structures:

Signs: Multifamily, governmental services, uses by special permit: One freestanding sign no larger than 20 square feet on a side may be allowed for each project. Location and size of signs on buildings and ground sign locations shall be approved as part of the site plan and/or special permit. Attached signs extending more than three feet above the roofline are prohibited.

Parking facilities. See Chicopee City Code, § 275-40 (parking).

Fencing and screening. (See also Chicopee City Code, § 275-44, Fences.)

Open Space. Multifamily developments (four units or more) shall provide a minimum of 500 square feet of open space per unit. The open space shall be a contiguous area or multiple areas, provided no area is less than 2,000 square feet. Open space areas must contain landscaping and open areas for outdoor recreation. Land between the property line and building setbacks cannot be counted toward the total open space requirement for the project.

Any lot so conveyed, purchased or sold shall be subject to an agreement obligating the owner of said lot to join an association of unit owners, which association should be responsible for the centralized management of the mobile home park in its entirety and provide for the maintenance and improvement of common areas, common streets and ways within the mobile home park and common utilities within the mobile home park, hence said association shall provide for control of its actions by a one-vote-per-lot rule and shall have the ability to enforce as equitable lien on said lots for the cost of said common areas, common streets, ways and common utilities.

Use of any lot within a Residence D District is hereby restricted to mobile homes and appurtenant storage sheds, garages and other appurtenant uses.

The minimum lot frontage of any lot so conveyed by the owner of a mobile home park, on either a public or private way shall be 35 feet, and the minimum square footage of any lot so conveyed shall be 3,500 square feet; (Mobile Home Parks in existence prior to the enactment of this subsection need only comply with 3,200 square feet.)

The Planning Board for the City of Chicopee has approved said lots on either an approval-not-required or an approval-required plan submitted in accordance with the Massachusetts Subdivision Control Law, and said lots shall be subject to any regulations or covenants imposed by the Planning Board of the City of Chicopee pursuant to the provisions of the Massachusetts Subdivision Control Law.

In no event shall the space occupied by a mobile home on any lot so conveyed by the owner of a mobile home park exceed 50% of the individual lot area.

Accessory.

Commercial greenhouses.

(Reserved)[1]

Educational services.

Finance, insurance and real estate services.

Membership clubs.

Personal services.

Professional services.

Repair services other than for automobiles, trucks and motorcycles.

Retail trade without outdoor storage.

Welfare and charitable services.

Automobile service stations.

Up to four dwelling units in a commercial building.

Eating and drinking places without live entertainment.

(Reserved)[2]

Parking facilities.

Minimum lot size: no requirements.

Minimum setback: 25 feet. Where parts of existing buildings within 300 feet on each side of the lot, on the same side of the street and within the same block and district, are set back less than the required minimum, new structures and additions may be erected at the average alignment of the corresponding parts of existing buildings. No outdoor storage may be within 10 feet of the street line.

Yards and maximum coverage: side and rear yard requirements apply only to land abutting residential districts.

Maximum size for all business uses shall be 3,000 square feet of floor area for each business unit.

Signs. One ground sign may be allowed for each building set back at least 25 feet. Ground signs may be no larger than 35 square feet on each side nor have a total surface area greater than 70 square feet. No sign over six square feet in area on each surface may extend over a sidewalk when attached to a building. Signs extending above the roofline are prohibited. Signs on a store shall be no wider than 75% of the width of the storefront or wall of the premises which is occupied by the store erecting the sign. Billboards are prohibited.

Screening. Any principal or accessory building or use abutting residentially zoned land must be screened by a solid wall, fence or hedge at least eight feet in height.

Dwelling units. No residential unit may be located on the first floor of a building also used for commercial or business purposes.

Accessory.

Finance, insurance and real estate services.

Personal services.

Professional services.

Welfare and charitable services.

Up to four dwelling units in a commercial building.

Retail trade without outdoor storage.

Parking facilities.

Minimum lot size: no requirements.

Minimum setback: 25 feet. Where parts of existing buildings within 300 feet on each side of the lot, on the same side of the street and within the same block and district, are set back less than the required minimum, new structures and additions may be erected at the average alignment of the corresponding part of existing buildings. Outdoor storage may be allowed only as an accessory use and shall be restricted to the rear lot. Such storage may not cover more than 20% of the rear lot area.

Yards and maximum coverage: Side and rear yard requirements apply only to land abutting residential districts.

Maximum size for all business uses shall be 3,000 square feet of floor area for each business unit.

Signs. One ground sign may be allowed for each building set back at least 25 feet. Ground signs may be no larger than five square feet on each side nor have a total surface area greater than 10 square feet. No sign over six square feet in area on each surface may extend over a sidewalk when attached to a building. Signs extending over the roofline are prohibited. Signs on a store shall be no wider than 5% of the width of the storefront or wall of the premises occupied by the store erecting the sign. Billboards are prohibited.

Accessory uses.

Automobile parking.

Automobile service stations.

Automotive trade.

Business and professional services.

Commercial greenhouses.

Communications.

Eating and drinking places without the consumption of alcohol, with or without live entertainment.

Educational services.

Entertainment assembly.

Finance, insurance and real estate.

Funeral and crematory services.

Hotels and motels.

Membership clubs.

(Reserved)[1]

Personal services.

Repair services other than for automobiles and trucks.

Retail trade with or without outdoor storage.

Welfare and charitable institutions.

Lodging house.

Motor vehicle repair services.

Animal kennels.

Commercial recreation.

[2]Billboards.

Drive-in restaurants.

Eating and drinking places with the consumption of alcohol, with or without live entertainment.

Up to four dwelling units in a business building.

Small-scale production facilities where the Council finds that the use, number of employees, size of operation, hours of operation, structural and land improvements will improve the general, social, physical and economic conditions of the neighborhood in which it is located.

Towing and storage of motor vehicles.

Housing of taxicabs, limousines and car rentals.

Adult uses. The City Council, in granting a special permit, may provide that the adult uses listed below be located no less than 500 feet from any district designated by the Zoning Ordinance for any residential use, including those residential uses allowed by a special permit or grandfathered within business zones, or any public, private or parochial school, library, park, playground, recreational area, church or other area in which large numbers of minors regularly travel or congregate, or be located within 1,000 feet of any other adult use or within 1,000 feet of any establishment licensed under the provisions of MGL c. 138, § 12. No advertisement, display or other promotional material is to be visible to the public from a public way, including but not limited to pedestrian walkways. Signage is limited to ordinance restrictions in this section. If an adult use allows for the showing of films, videos or other entertainment within the premises, any and all booths, cubicles, rooms, studios, compartments or stalls must be clearly visible from the center of the establishment and be closed off or obscured by curtains, drapes, doors, screens, partitions, dividers or any obstruction.

(Reserved)[3]

Minimum lot size: no requirement.

Minimum setback: 25 feet. Where parts of existing buildings within 300 feet on each side of the street and within the same block and district are set back less than the required minimum, new structures and additions may be erected at the average alignment of the corresponding parts of existing buildings. No outdoor storage may be within 10 feet of the street line.

Yards, height and maximum coverage. Side and rear yard requirements apply only to land abutting residential districts or residential uses.

Signs. One ground sign may be allowed for each building set back at least 25 feet. Ground signs may be no larger than 40 square feet on each surface nor have a total surface area greater than 80 square feet. No sign greater than 12 square feet on a side may extend over a sidewalk when attached to a building. Signs extending more than three feet above the roofline are prohibited. Signs on a store shall be no wider than 75% of the width of the storefront or wall of the premises or that portion of the premises occupied by the store erecting the sign.

Screening. Any principal or accessory building or use abutting residentially zoned or occupied land must be screened by a fence or hedge at least six feet in height.

Accessory uses.

Automobile parking.

Automotive service stations.

Automotive trade.

Business and professional services.

Commercial greenhouses.

Communications.

Contract construction services.

Eating and drinking places without the consumption of alcohol, with or without live entertainment.

Educational services.

Entertainment assembly.

Finance, insurance and real estate.

Funeral and crematory services.

Hotels and motels.

Membership clubs.

Motor freight transportation.

(Reserved)[1]

Personal services.

Repair services other than for automobiles and trucks.

Retail trade, with or without outdoor storage.

Utilities: offices, equipment storage and maintenance.

(Reserved)[2]

Welfare and charitable institutions.

Wholesale trade.

Lodging houses.

Motor vehicle repair services.

Animal kennels.

Sport assembly.

Commercial recreation.

Industrial uses.

[3]Billboards.

Drive-in restaurants.

Eating and drinking places with the consumption of alcohol, with or without live entertainment.

Towing and storage of motor vehicles.

Housing of taxicabs, limousines and car rentals.

Adult uses. The City Council, in granting a special permit, may provide that the adult uses listed below be located no less than 500 feet from any district designated by the Zoning Ordinance for any residential use, including those residential uses allowed by a special permit or grandfathered within business zones, or any public, private or parochial school, library, park, playground, recreational area, church or other area in which large numbers of minors regularly travel or congregate, or be located within 1,000 feet of any other adult use or within 1,000 feet of any establishment licensed under the provisions of MGL c. 138, § 12. No advertisement, display or other promotional material is to be visible to the public from a public way, including but not limited to pedestrian walkways. Signage is limited to ordinance restrictions in this section. If an adult use allows for the showing of films, videos or other entertainment within the premises, any and all booths, cubicles, rooms, studios, compartments or stalls must be clearly visible from the center of the establishment and be closed off or obscured by curtains, drapes, doors screens, partitions, dividers or any obstruction. For the purposes of the distance requirements of this chapter, measurements shall be from boundary to boundary, that is, from the outer limits of the boundary for the use involved, to the outer limits of the boundary or district for any other use referred to.

(Reserved)[4]

Warehousing and storage.

Minimum lot size: no required minimum.

Minimum setback: 25 feet. Where parts of existing buildings within 300 feet on each side of the lot, on the same side of the street and within the same block and district, are set back less than the required minimum, new structures and additions may be erected at the average alignment of the corresponding parts of existing buildings. No outdoor storage may be within 10 feet of the street line.

Minimum side and rear yards: no principal structure or accessory structure or use may be located within 15 feet of any residentially zoned land. Any principal or accessory structure or use abutting residentially zoned land must be screened by a fence or hedge at least six feet in height.

Height: The maximum height of all buildings and accessory uses shall be 40 feet. Freestanding signs shall be no taller than 20 feet.

Signs: One ground sign may be allowed for each building set back at least 25 feet. Ground signs shall be no larger than 60 square feet on each side (surface) nor have a total surface area greater than 120 square feet. No sign greater than 12 square feet, on a side may extend over a sidewalk when attached to a building. Attached signs extending more than three feet above the roofline are prohibited. Signs on a store shall be no wider than 75% of the width of the storefront or wall of the premises or that portion of the premises occupied by the store erecting the sign.

Motor freight transportation.

Warehouse and storage.

Hotels and motels.

Eating and drinking places without the consumption of alcohol, with or without live entertainment.

Drive-in restaurants.

Automotive service.

Automotive trade.

Lodging houses.

Motor vehicle repair services.

[1]Billboards.

Industrial uses.

Wholesale trade.

Eating and drinking places with the consumption of alcohol, with or without live entertainment.

Parking facilities.

Adult uses. The City Council, in granting a special permit, may provide that the adult uses listed below be located no less than 500 feet from any district designated by the Zoning Ordinance for any residential use, including those residential uses allowed by a special permit or grandfathered within business zones, or any public, private or parochial school, library, park, playground, recreational area, church or other area in which large numbers of minors regularly travel or congregate, or be located within 1,000 feet of any other adult use or within 1,000 feet of any establishment licensed under the provisions of MGL c. 138, § 12. No advertisement, display or other promotional material is to be visible to the public from a public way, including but not limited to pedestrian walkways. Signage is limited to ordinance restrictions in this section. If an adult use allows for the showing of films, videos or other entertainment within the premises, any and all booths, cubicles, rooms, studios, compartments or stalls must be clearly visible from the center of the establishment and be closed off or obscured by curtains, drapes, doors screens, partitions, dividers or any obstruction.

Minimum setback: 25 feet. Where parts of existing buildings within 300 feet on each side of the lot, on the same side of the street and within the same block and district, are set back less than the required minimum, new structures and additions may be erected at the average alignment of the corresponding parts of existing buildings. No outdoor storage may be within 10 feet of the street line.

Minimum side and rear yards: No principal or accessory structure or use may be located within 15 feet of any residentially zoned or used land. Uses must be screened from such areas by a solid wall, fence or hedge at least eight feet in height above the property line.

Maximum height: 40 feet for buildings and accessory uses and 20 feet for signs.

Signs. One freestanding sign may be allowed for each building set back at least 25 feet. Freestanding signs shall be no larger than 60 square feet on each side (surface) nor have a total surface area greater than 120 square feet. No sign greater than 12 square feet on a side may extend over a sidewalk when attached to a building. Attached signs extending more than three feet above the roofline are prohibited. Signs on a store shall be no wider than 75% of the width of the storefront or wall of the premises or that portion of the premises occupied by the store erecting the sign.

Retail uses without outdoor storage.

Personal, business and professional services.

Automobile parking.

Eating and drinking places, with or without live entertainment, without the consumption of alcohol.

Repair services other than for automobiles and trucks.

Educational services.

Entertainment assembly.

Hotels and motels.

Welfare charitable institutions.

Membership clubs.

Residential uses in a building used for business or commercial purposes.

Accessory uses.

Multifamily residential.

Automotive service stations.

Eating and drinking places, with or without live entertainment, with the consumption of alcohol.

Small-scale production facilities where the Council finds that the use, number of employees, size of operation, hours of operation, structural and land improvements will improve the general, social, physical and economic conditions of the neighborhood in which it is located.

Adult uses. The City Council, in granting a special permit, may provide that the adult uses listed below be located no less than 500 feet from any district designated by the Zoning Ordinance for any residential use, including those residential uses allowed by a special permit or grandfathered within business zones, or any public, private or parochial school, library, park, playground, recreational area, church or other area in which large numbers of minors regularly travel or congregate, or be located within 1,000 feet of any other adult use or within 1,000 feet of any establishment licensed under the provisions of MGL c. 138, § 12. No advertisement, display or other promotional material is to be visible to the public from a public way, including but not limited to pedestrian walkways. Signage is limited to ordinance restrictions in this section. If an adult use allows for the showing of films, videos or other entertainment within the premises, any and all booths, cubicles, rooms, studios, compartments or stalls must be clearly visible from the center of the establishment and be closed off or obscured by curtains, drapes, doors screens, partitions, dividers or any obstruction.

Minimum setback: New structures shall be set back the average alignment of existing buildings in the same block within 300 feet in either direction.

Side and rear yards: Where properties abut one- or two-family residential units or Residence A or B Districts, a minimum side or rear yard of 10 feet shall be observed, plus two feet for every story above the first.

Height: No building shall exceed a height of 60 feet, except by special permit from the City Council.

Maximum building coverage: 80% of the lot.

Any new residential unit (newly constructed) shall be provided with a minimum of 100 square feet of open space and/or recreation per unit. Such open space or recreation may be provided in, adjacent to or on top of the building.

The layout, arrangement and recreation open space requirements of new residential units shall be approved by the Planning Board.

No residential unit may be located on the first floor of a building also used for commercial or business purposes.

Buildings constructed exclusively for multifamily residence must meet Residence C District requirements.

Abattoirs.

Ammonia, chlorine or bleaching powder manufacture.

Asphalt manufacture or refining.

Celluloid manufacture, except in isolated, fire-resisting buildings.

Coal tar products manufacture.

Creosote manufacture.

Distillation of coal, wood or bones.

Explosives or fireworks manufacture.

Fat rendering.

Fertilizer manufacture or potash refining.

Glue or size manufacture or processes involving recovery from fish or animal offal.

Gypsum, cement, plaster or plaster of paris manufacture.

Sites for dumping grounds (assigned in accordance with MGL c. 111, § 150A).

Junkyards and junk storage, auto salvage yards.

Linoleum manufacture.

Petroleum refining.

Pyroxylin plastic manufacture or the manufacture of articles therefrom.

Radium extraction.

Rubber or gutta-percha manufactured from crude or scrap material.

Sewage disposal plant, except where controlled by the municipality.

Sulphurous, sulphuric nitric or hydrochloric acid manufacture.

Tar distillation.

Tar roofing manufacture.

Sports assembly.

Any use allowed by special permit in Business A or B Districts.

Medical marijuana facilities: See Chicopee City Code § 275-70, Medical marijuana facilities.

Height. No buildings shall be erected to a height in excess of 60 feet.

Minimum setback: 25 feet. Where parts of existing industrial buildings within 200 feet on each side of the lot, on the same side of the street and within the same block and district, are set back less than the required minimum, new structures and additions may be erected at the average alignment of the existing buildings.

Side yards: No side yard is required, except that for buildings adjacent to a residence building or district, side yards shall be a minimum of 25 feet.

Rear yards: No rear yard is required except that a building adjacent to a residence shall have a minimum rear yard of 25 feet.

Chimneys or flues may be erected within a rear yard, provided that they do not exceed five square feet in aggregate external area and do not obstruct free ventilation. An open or lattice-enclosed iron fire escape or a fireproof open balcony to a fire tower may project not more than five feet into a rear yard. Any principal or accessory use abutting residentially zoned or occupied land must be screened by a solid wall, fence or hedge at least eight feet in height. No cornice shall project more than three feet into a rear yard.

Industrial uses, except those uses described in § 275-62B, Industrial Districts, Special permits [excluding item § 275-62B(25) only as it pertains to §§ 275-58C(6) and 275-59C(3)].

Office uses, including research and development activities.

Business and professional services.

Financial, insurance and real estate services.

Aviation or aviation services.

Warehouse and distribution.

(Reserved)[1]

Contract construction services.

Communications.

Accessory uses.

Educational services.

Civic center.

Eating and drinking places.

The minimum parcel size for a principal building is 50,000 square feet.

Maximum height of structures shall not exceed three stories or 45 feet, excluding projections above the third story for ventilators, elevators, cooling towers, antennae and mechanical equipment. Such features shall not exceed 25% of the roof area nor extend 15 feet above the roof level.

Maximum aggregate building coverage shall not exceed 33% of the total parcel area.

Minimum parcel or tract frontage shall be 125 feet for a single building parcel and 150 feet for multiple building parcels.

Minimum setback from any street line shall be 50 feet. No structure, parking area or service yard shall be permitted within the fifty-foot setback. Pedestrian walkways, driveways and passive use amenities will be allowed.

Minimum rear and side setbacks for principal structures shall be 25 feet. However, minimum abutting, rear and/or side setback shall be 100 feet as measured from residential property line.

No accessory structure, parking area or service yard shall be permitted within 15 feet of a side or rear lot line except where a common driveway is shared by adjoining parcels.

Corner lots shall comply with a minimum setback of 50 feet from all street lines.

Buffer area/screening. No permanent construction of building structures or parking area shall be permitted within 30 feet of any abutting land zoned or used for residential purposes; provided that any permitted use does not create any dangerous, injurious, noxious or otherwise objectionable condition; fire, explosive, radioactive or other hazardous condition; noise or vibration, smoke, dust, odor or other form of air pollution; electrical or other disturbance; glare or heat; or other conditions or element in a manner or amount to adversely effect the surrounding area. Any principal or accessory building or use, including parking or storage facilities, abutting land used or zoned for residential use shall be screened by a solid wall, earthen berm or a fence and natural planting area, which shall be no less than six feet in height when erected and planted. Any outdoor storage shall be similarly screened from view. All required screenings shall be maintained in good condition at all times.

A maximum of 70% of the total tract can be rendered impervious.

The industrial planned unit development shall be served by both sanitary sewer and public water distribution system.

Minimum parking requirements shall be in accordance with § 275-40.

Landscaping.

Loading docks and facilities for handling shipping by rail and surface shall be located on those sides of each building which do not front on the street, insofar as possible. Screening either natural or man-made shall be provided for these areas.

Outside storage may not exceed 2% of the area of the principal use or building. However, a special permit may be issued on a parcel-by-parcel basis for up to 5%.

Signage may be provided as follows:

Finished construction. The exterior walls of each building are to be finished with stone or other materials exhibiting aesthetic and durable quality.

Industrial uses involving the manufacture, processing, assembly, fabrication, packaging, and/or storage of materials or products; excluding those uses described in § 275-62B(1) through (23), Industrial Districts, special permits, and excluding the following principal uses: motor vehicle repair, motor vehicle washing facilities, drive-in restaurants, residential uses, motor vehicle towing, motor vehicle storage services and adult entertainment uses.

Office uses, including research and development activities.

Business and professional services.

Financial, insurance and real estate services.

(Reserved)

Communications, telecommunication uses, call centers and telemarketing uses.

Recreational and sporting uses, including instructional and commercial uses, excluding sports assembly.

Aviation or aviation services.

Retail sales (with or without eating and drinking places as a component):

Urban agriculture and food processing, limited to the following indoor operations:

Educational services, limited to the following:

"Last-mile" courier and logistics businesses, defined as entities that:

Accessory uses.

Educational services.

Eating and drinking places, with or without the consumption of alcohol, as a principal use.

Warehouse and distribution.

Sports assembly.

Riverfront activities, which shall consist of fishing piers and nonmotorized boat launches.

The minimum tract size shall be six acres for projects consisting of more than one principal structure. The minimum parcel size within said tract for a principal building shall be 50,000 square feet.

The maximum height of structures shall not exceed three stories or 45 feet, excluding projections above the third story for ventilators, elevators, cooling towers, antennas and mechanical equipment. Such features shall not exceed 25% of the roof area nor extend 15 feet above the roof level.

The maximum aggregate building coverage shall not exceed 33% of the total parcel area.

The minimum parcel frontage shall be 125 feet for a single building parcel and 150 feet for a parcel with multiple buildings.

The minimum setback from any interior park street line shall be 50 feet. The minimum setback from streets exterior to the park shall be 75 feet. No structure, parking area or service yard shall be permitted within the first 50 feet of the front setback areas as measured from the street line. Pedestrian walkways, bikeways, driveways, utilities, including storm drainage facilities, plantings and passive use amenities are allowed within all setback areas.

Minimum rear and side setbacks for principal structures shall be 45 feet. However, when rear, side or front yards abut residentially zoned property the setback to principal structures shall be a minimum of 150 feet as measured from the residential property line. A mixed conifer buffer area shall be planted and maintained abutting the residentially zoned property. The minimum height of the plantings shall be six feet when initially planted.

Buffer area/screening. No permanent construction of accessory structures and/or any parking areas shall be permitted within 100 feet of any abutting land zoned for residential purposes as measured from said residential property line. Any principal or accessory building or use, including parking or storage facilities, abutting land zoned for residential use shall be screened by either a solid wall, earthen berm or a fence, which shall be enhanced by a mixed conifer planting area which shall be no less than six feet in height when erected and planted. All outdoor storage shall be screened from view. All required screenings shall be maintained in good condition at all times or replaced. Pedestrian walkways, bikeways, driveways, utilities, including storm drainage facilities, plantings and passive use amenities are allowed within all buffer areas.

No accessory structure, parking area or service yard shall be permitted within 15 feet of a side or rear lot line except where a common driveway is shared by adjoining parcels.

Corner lots shall comply with a minimum setback of 50 feet from all interior street lines and 75 feet from streets exterior to the project.

No more than 70% of the total tract or any subdivision thereof may be rendered impervious, excluding streets. An adequate stormwater management system shall be designed and constructed in accordance with provisions of this chapter. In cases where a stormwater system cannot accommodate 70% impervious coverage, then the impervious coverage must be reduced to coincide with the stormwater system's capabilities. In no case shall the total impervious coverage of any parcel exceed 70% within the IPUD.

The Industrial Planned Unit Development, Type II, shall be served by both sanitary sewer and public water distribution systems.

All impervious surfaces shall provide for adequate drainage of stormwater. Site stormwater drainage systems shall be designed for two- and ten-year, twenty-four-hour storm events. Drainage calculations prepared by a licensed Massachusetts professional engineer shall be provided for the two-, ten-, twenty-five-, and one-hundred-year storm events. Post-development peak discharge rates of the total tract shall not exceed predevelopment rates of the tract, either at the point of discharge or the downgradient property boundary.

Minimum parking requirements shall be as follows:

Landscaping.

Loading docks and facilities for receiving, handling and shipping by rail and surface shall be located on those sides of each building which do not front on a street, insofar as possible. Screening, either natural or man-made, shall be provided and maintained for these areas in all cases.

Outside storage may not exceed 5% of the area of the principal building. The use of trailers or trailer bodies for temporary or permanent storage is prohibited. Only construction trailers are exempt from this provision, and then only for a limited time period approved by the Building Commissioner. Construction trailer locations shall be approved in advance by the plan review committee established hereafter.

Signage may be provided as follows:

Finish construction. The exterior walls of each building are to be finished with quality metal panels, stone, brick, block or other materials exhibiting aesthetic and durable qualities. Combinations of the above materials are also permitted.

Designation of a tract as IPUD II zoning is subject to zone change and special permit approvals granted through the City Council.

The developer shall submit to the City Planning Board a Master Plan, Development Plan and Development Restrictions. New road construction shall be subject to Chicopee Planning Board review and approval in accordance with current subdivision regulations of the City of Chicopee. Subdivision proposals shall incorporate the Master Plan, Development Plan and Development Restrictions or Covenants.

Development of individual sites within any IPUD, Type II project shall be subject to site plan review. Site plan review shall be conducted by a committee consisting of department heads from Planning and Development, Building, Public Works, Water, Fire and the CELD Plant Manager. This Committee shall, with input from other City departments as it deems necessary, review, approve or require amendments to site plans prior to the issuance of a building permit by the Building Commissioner. Site plans shall be consistent with the approved Master Plan, Development Plan and Development Restrictions or Covenants. Plan submission requirements shall be established by the IPUD Type II Site Plan Committee.

Any IPUD Type II project shall meet all other review and approval requirements established by ordinance.

The Floodplain District is herein established as an overlay district. The district includes all special flood hazard areas within the City of Chicopee designated as Zone A or Zone AE on the Hampden County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Hampden County FIRM that are wholly or partially within the City of Chicopee are panel numbers 25013C0192E, 25013C0194E, 25013C0203E, 25013C0204E, 25013C0208E, 25013C0209E, 25013C0211E, 25013C0212E, 25013C0213E, 25013C0214E, 25013C0216E, 25013C0217E, 25013C0218E, and 25013C0401E, dated July 16, 2013. The exact boundaries of the district may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Hampden County Flood Insurance Study (FIS) report dated July 16, 2013. The FIRM and FIS report are incorporated herein by reference and are on file with the Department of Planning and Development.

Base flood elevation and floodway data.

Existing regulations.

Use regulations: The following uses shall be permitted within the Floodplain District:

All new construction, substantial improvement or other development, including fill, is prohibited in the floodway. Boat marinas and other accessory uses to water recreation may be allowed, provided that such construction must not raise the base flood level nor impede the flow of the one-hundred-year flood.

Any permitted structures and any portable structures, vehicles or vessels which are permitted shall be fully anchored against both flotation and currents.

When base flood data has not been provided in accordance with Subsection B, the Building Commissioner shall obtain, review and reasonably utilize any base flood elevation data available from federal, state and other sources as criteria for meeting the standards of this section.

All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.

New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from the system into floodwaters.

On-site waste disposal systems shall be located to avoid impairment or contamination from them during the flooding.

Seven copies of a site plan at a scale of one inch equals 40 feet shall be submitted to the Department of Planning and Development. The site plan shall show the following:

The Department of Planning and Development shall forward a copy of the site plan to the City Engineer, Highway Department, Water Department, Department of Planning and Development, Electric Light Department and Conservation Commission for review. The Building Commissioner shall not take final action on such plan until he has received a report thereon from said Departments and Commissioners or until said Departments and Commissioners have allowed 15 days to elapse after receipt of such plan without submission of a report thereon.

Records of the actual elevation, in relation to mean sea level, of the lowest floor and/or level of floodproofing, as well as certification of floodproofing, shall be maintained by the Building Commissioner, to be available for public inspection.

The City Engineer shall provide benchmarks, as needed, when requested by the Building Commissioner.

The purpose of the Mixed Use MXD District is to provide for large-scale developments of at least 50 acres gross with flexibility and high standards which are master-planned within the bounds of a district and which require a minimum of three allowable land uses situated in locations favorable to the accommodation of such projects. The district, while originally owned by one entity, may, during development phases, be subdivided into smaller lots for specific uses allowed within this district or for conveyance purposes. Consistent with this purpose, uses in a Mixed Use District shall be subject to the following provisions, in addition to those contained elsewhere in this chapter. In all instances, the requirements of the Chicopee Subdivision Rules and Regulations will be followed.

Development shall be guided by an approved master plan and through the use of the special permit review process.

By the use of the public review and planning powers, the provisions of this section also shall be intended to do the following:

In certain areas, as designated now or in the future by public plans and policies, a mixture of uses and building densities shall be intended to promote and protect the public health, safety, convenience, order, prosperity and general welfare of the community as best accomplished by the MXD District.

No building or premises shall be used and no building shall be erected or altered that is arranged, intended or designed to be used, except for one or more of the uses listed in Subsection B.

Dwellings or multiple dwellings.

Community centers.

Hotels or inns.

Churches, synagogues or other places of worship or religious use.

Offices.

Private trades, businesses, professional or technical schools or colleges or other educational institutions or uses.

Private clubs, restaurants or fast-food restaurants, provided that a fast-food restaurant shall not include a drive-through.

Artist's studio.

Private or public theaters.

Recreational buildings or uses.

Parks or open spaces.

Municipal government or institutional uses.

(Reserved)[1]

Outpatient or inpatient hospitals, surgical centers or medical facilities.

(Reserved)[2]

Medical office buildings, clinics or testing laboratories.

Business, commercial or office buildings with or without dwellings above the first floor.

Light manufacturing, assembly or other light industrial or research operation.

Warehousing.

Outdoor, animal kennels.

Car washes, as a principal use.

Chemical manufacturing, storage or distribution.

Drive-in establishments (any establishment where goods or services are rendered directly to occupants of motor vehicles while in the vehicles).

Enameling plating or painting (except an artist's studio), as a principal use.

Material salvage.

Outdoor advertising or billboards, as a principal use.

Open outdoor material storage.

Packing or crating operations, as a principal use.

Commercial parking lot.

Gasoline service stations or repair service stations.

Smelting or rendering.

Carting, express, moving or hauling terminals or yards, except a cooperative central delivery or pickup system for goods or merchandise solely to serve businesses in the area.

Any heavy industrial uses.

Sexually oriented business establishments.

An MXD shall require the issuance of a special permit by the City Council. Procedures for consideration of the special permit application shall be in compliance with those set forth in MGL c. 40A, §§ 9 and 11.

Prior to submittal of a formal application and to minimize expense and delay for the developer, the Planning Board requests the presentation of informal drawings of the MXD at a regular meeting of said Board. The Board and the developer may review such pencil sketches and informal drawings, without prejudice, to identify potential areas of concern and agreement. This meeting does not need to be advertised as a formal public hearing.

An application for a special permit shall be submitted to the City Council, accompanied by 25 copies of the following additional documents:

Nothing in this provision shall be deemed to waive the requirements for submission of a definitive plan for the subdivision of land, where applicable.

Whether the proposed uses further the objectives of the Mixed Use District.

The relationship of the proposed uses to other planning considerations for the area and the City of Chicopee as a whole, including the plans, programs and policies of other departments and agencies of the City.

The impact of the proposed concept plan, including the relationship of different uses on the site.

Consideration of the traffic to be generated and its impact.

The location and design of vehicular access and parking facilities.

The number of parking and loading facilities.

The treatment of open space.

The availability of sewer and water capacities.

The impact on air quality.

The potential noise from commercial, industrial and traffic sources.

An assurance that all permits or licenses that may be required by federal, state or local law have been obtained or will be obtained before construction proceeds.

A site plan submitted for review shall conform to the concept plan for which approval has been issued by the City Council. If the Planning Board determines that a substantial change has occurred in the concept plan, it shall require a new plan for which approval by the City Council must be obtained. A substantial change shall include one or more of the following:

Within five days after receipt of the application by the Planning Department, the Department will forward copies to the City Engineer, Board of Health, Fire Department, Police Department, Conservation Commission, Water Department, Building Commissioner and the Department of Public Works, which shall review and submit comments to the Planning Board. Failure of these Boards to comment within 21 days of the referral of the application shall be deemed to be lack of opposition. Simultaneously, the Department will forward a copy of the application form to the Mayor and the City Council.

The Planning Board shall hold a public hearing within 65 days of the receipt of an application and shall take final action within 90 days from the time of hearing, unless an extension is mutually agreed upon by the applicant and the Board. All costs of the notice requirements shall be at the expense of the applicant.

Any application for use requiring said approval and site plan review shall otherwise conform to the requirements of the site plan review process of the City.

A site plan at a scale of one inch equals 20 feet or other scale acceptable to the Planning Board, which indicates, at a minimum, the following:

A landscape plan showing the limits of work, existing tree lines and all proposed landscape features and improvements, including planting areas with size and type of vegetation.

A locus plan showing the entire project and its relation to existing areas, buildings and roads for a distance of 1/4 mile from the project boundaries or such other distance as may be approved by the Planning Board.

Building elevations at the scale of 1/8 inch or 1/4 inch equals one floor or perspective drawings, showing typical elevations.

A brief accompanying report which:

Evidence that the development will be integrated into the existing terrain and surrounding landscape and shall be designed to protect abutting properties and community amenities.

Evidence that the development will be served with adequate parking, drainage, water supply and waste disposal systems.

Evidence of adequate parking and vehicular and pedestrian movement within the site and in relation to adjacent ways.

Assurance that outdoor lighting, including lighting on the exterior of a building or lighting in parking areas, is arranged to minimize glare and light spillover to neighboring properties.

Commercial and office uses.

Hotels. Permitted ancillary facilities are conference meeting rooms, restaurants, lounges, small specialty or convenience shops and health clubs or other indoor recreation facilities.

Residential uses.

Light industrial uses. Any industrial use shall be entirely contained within its own structure which shall be separate from any other structure. No outdoor storage of materials or products shall be permitted.

Retail and service businesses, commercial complex.

Churches and synagogues. Freestanding churches, synagogues or other houses of worship are allowed, provided that they have adequate off-street parking and a landscape buffer between their location and all surrounding uses.

Accessory uses. Accessory structures customarily incidental and subordinate to the principal uses identified in Subsection B shall be permitted.

The minimum district size is 50 acres gross.

The maximum floor area ratio for the entire district is 30%.

The maximum district coverage (buildings, parking areas, drives, roads and accessory structures) is 50%.

The district setback shall comply with the City's Subdivision Regulations for the use in question.

The maximum total impervious lot coverage will be in accordance with the following:

The minimum lot size (when subdivided) will be as follows:

The maximum units per acre for multifamily units is 20 dwelling units per acre.

Individual lot requirements shall be as follows:

The distance between principal buildings shall be as follows:

Off-street parking and loading requirements.

Signage. The City's signage requirements shall apply.

A review committee, hereby Overlay District Review Committee, shall be established to meet with developers prior to application for an overlay district or mill conversion or commercial center revitalization project within an established overlay district and to provide recommendations to the City Council for overlay district zone change and special permit applications.

The Overlay District Review Committee shall consist of representatives from the following:

Within an overlay district, there shall be no restriction on combining different categories of use within the same building, inclusive of multifamily and assisted living residences with associated programming, except any imposed by the State Building Code or other federal or state regulations.

Multifamily or assisted living residences with associated programming individually or in conjunction with one or more of the uses permitted in the underlying district.

Residential uses combined with studios with an emphasis on arts and crafts.

Preapplication. The applicant is required to attend a preapplication review with the Overlay District Review Committee. Preapplication review meetings with the developer and representatives cited above will be coordinated by the Department of Planning and Development. The purpose of a preapplication review is to introduce the developer to the municipal staff members who will be reviewing the project and exchange information about the site and surrounds that may be applicable to the success of the project. This meeting is intended to save time for the developer and the City. At this time the City may also determine if the scope of the project will warrant, at the expense of the applicant, a registered professional engineer or other professional consultant(s) to advise the City Council on any aspect of the application. At the preapplication review, the applicant may outline the proposed project and seek preliminary feedback from the City. No formal filings are required for the preapplication review; however, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Overlay District Review Committee of the scale and overall design of the proposed project.

Application. The City Council's authority to review special permits is established in Chicopee City Code, § 275-9. Special permit applications under this section shall also include the following:

Copies of applications, plans and supporting materials shall be distributed to the Overlay District Review Committee. Reviewers shall submit written recommendations to the City Council within 14 days of receiving the special permit application. Failure to submit written comments to the City Council within the designated time may be deemed a lack of opposition thereto.

The City Council shall hold a public hearing, for which notice is given in accordance with Chicopee City Code, § 275-9, within 65 days of receiving the complete application. Hearing and decision dates may be extended at the applicant's written request.

Landscaping requirements.

Access. The principal roadway(s) within the site shall be adequate for the intended use and vehicular traffic and shall be privately maintained. There shall be sufficient site access for public safety vehicles. Buildings that do not have frontage on a street must provide access for emergency and service vehicles through the layout and design of driveways and interior service roads.

Parking.

Paths. The City Council may require paths which shall be attractively designed with proper regard for convenience, separation of vehicular, bicycle and pedestrian traffic, adequate connectivity, completeness of access to the various amenities and facilities on the site and to pathways or sidewalks to adjacent sites.

Emergency systems. The project shall have an integrated emergency call and/or telephone and/or other communications system for its residents and/or other tenants.

Appearance/architectural design. New construction: Architectural design shall be compatible with the historic character and scale of building in the neighborhood through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques.

Noise, vibration, smoke, heat, glare, and odor. No use shall be permitted that causes or results in dissemination of dust, smoke, gas or fumes, odor, noise, vibration or excessive light, under standards set forth in the performance criteria in this chapter.

Lighting. Lighting of the site shall be adequate at ground level for the protection and safety of the public in regard to parking lots, pedestrian and vehicular circulation. The glare from the installation of outdoor lights and illuminated signs shall be contained on the property and shall be shielded from abutting properties. Lighting structures shall be integrated with the site and surrounding uses.

Density.

Degree to which the proposed project complies with the performance standards set forth in this section;

Suitability of the site for the proposed use(s);

Social, economic or community needs which are served by the proposal;

Impact on traffic and pedestrian flow and safety;

Adequacy of utilities and other public services;

Impact on the neighborhood visual character;

Impact on the natural environment;

Potential fiscal impact, including impact on City services, tax base and employment; and

Special permit evaluation criteria as set forth in Chicopee City Code, § 275-9.

Purposes. The purposes of the Chicopee 40R Smart Growth Overlay District are:

Definitions. As used in this section, the following terms shall have the meanings set forth below:

Establishment and delineation of Smart Growth Overlay District and subdistricts. The Chicopee Center 40R Smart Growth Overlay District, hereinafter referred to as the "CC40R," is an overlay district having a land area of approximately 26 acres in size that is superimposed over underlying zoning districts. Within the CC40R, there are two subdistricts identified as Cabotville and Exchange. The boundaries of the 40R District and the subdistricts are delineated on a zoning map titled "CC40R Boundary, Parcel and Subdistrict Map," dated August 3, 2010, prepared by the Chicopee Department of Planning and Development. This map is hereby made a part of this chapter and is on file in the office of the City Clerk.

Applicability. The Chicopee Center Smart Growth Overlay District is established pursuant to the authority of MGL c. 40R and applicable regulations, and shall be deemed to overlay the parcels as shown on the Zoning Map of the City of Chicopee, as amended. The projects proceeding under this section shall be governed solely by the provisions of this section and shall be deemed exempt from the standards and/or procedures of the underlying zoning, including any rate limitations or moratoriums placed on the issuance of residential building permits.

Underlying zoning. The CC40R is an overlay district superimposed on all underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the underlying zoning district(s) shall remain in full force, except for those development projects undergoing development pursuant to this section. Within the boundaries of the CC40R, 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 Ordinances governing the underlying zoning district(s).

Administration, enforcement, and appeals. The provisions of this section shall be administered by the Building Commissioner, except as otherwise provided herein. Any legal appeal arising out of a plan approval decision by the AA under Subsection A(9) and (10) shall be governed by the applicable provisions of MGL Chapter 40R. Any other request for enforcement or appeal arising under this section shall be governed by the applicable provisions of MGL Chapter 40A.

Permitted uses. The following uses shall be permitted in the CC40R as-of-right upon site plan approval pursuant to the provisions of this section.

Housing and housing affordability.

Site plan review – plan submission and review procedures:

Site plans — decisions.

Fair housing requirement. All development projects within the CC40R shall comply with applicable federal, state and local fair housing laws.

Severability. If any provision of this section is found to be invalid by a final, unappealable judgment of a court of competent jurisdiction, the remainder of § 275-68 shall not be affected but shall remain in full force. The invalidity of any provision of this § 275-68 shall not affect the validity of the remainder of the City's Zoning Ordinances.

Density and dimensional requirements.

Off-street parking.

Open spaces and recreational area design and location. The site plan design for development projects may include common open space and facilities. Where proposed, the plans and any necessary supporting documents submitted with an application for site plan approval within the CC40R shall show the general location, size, character, and general area within which common open space or facilities will be located. The plans and documentation submitted to the AA shall include a description of proposed ownership and maintenance of all common open space or facilities.

Historic districts. Development projects that are located in locally designated historic districts (all or in part) will also be subject to the regulations of said historic district.

Design standards and guidelines. To ensure that development shall be of high quality, and shall be compatible with the character of building types, streetscapes, and other community features traditionally found in Chicopee, the City Council has adopted the following design standards and guidelines. (See Subsection B, Part 2: Design Standards and Guidelines.)

Introduction. The Chicopee Center 40R (CC40R) is an overlay zoning district adopted pursuant to MGL Chapter 40R, Smart Growth Zoning and accompanying regulations at 760 CMR 59.00. These design standards and guidelines are intended for the following purposes:

Applicability. The general design standards and guidelines are applicable in all subdistricts.

Design standards. The design standards are intended to set forth mandatory requirements, subject to the provisions set forth in the CC40R.

Design guidelines. The design guidelines are intended to set forth nonbinding recommendations that will promote the objectives of the design standards.

Height, mass and scale: standards and guidelines. The following standards and guidelines are intended to apply to new construction.

Streetscape compatibility: standards and guidelines. The following standards and guidelines are intended to apply to new construction and the rehabilitation of existing buildings.

Human activity: design guidelines. A purpose of the CC40R is to promote vibrant, pedestrian-friendly activities in the downtown. The following guidelines are intended to apply to new construction and the rehabilitation of existing buildings.

Residential open space: design standards and guidelines. The following standards and guidelines are intended to apply to new construction and the rehabilitation of existing buildings.