Holyoke City Zoning Code

SECTION 7

- SPECIAL REGULATIONS

7-1. - Regulations for specific uses available as of right.

In addition to all other provisions of this ordinance governing the use and arrangement of premises, the following supplemental regulations shall apply in certain instances to specific uses available as of right, as prescribed below:

7.1.1 Hospital, nursing home.

No building for such use shall be located within 50 feet of any R1 or R-1A district.

The dimensional requirements in the following table shall apply in the districts indicated:

DISTRICT	RA	R-2	RM20 and RM40
Minimum lot size	20,000 sq. ft. plus 1,000 sq. ft. for each bed over 10	15,000 sq. ft. plus 1,000 sq. ft. for each bed over 15	10,000 sq. ft. plus 500 sq. ft. for each bed over 20
Minimum setback from all lot lines	50 ft.	35 ft.	20 ft.

All requirements in the table of dimensional regulations, section 5-2, shall apply where not superseded by the above. The city council may grant a special permit for a hospital or accessory building to a hospital structure to exceed the height regulations imposed by the schedule of dimensional controls, in accordance with the following standards:

The increased height will not be deleterious to use and enjoyment of surrounding properties;

The general character and aesthetic quality of the vicinity will not be detrimentally altered by the increased height;

A landscaping buffer shall be provided between the structure and any abutting residential uses.

All requirements in the table of dimensional regulations, section 5-2, shall apply where not superseded by the above.

Hospitals and their accessory buildings and uses. The term accessory building or use as to hospitals shall include but not be limited to medical office buildings and all buildings, structures, facilities and uses associated with, related to or supportive of the services provided by such institutions, whether or not such accessory uses or buildings are themselves required to be licensed as hospitals by the commonwealth. Accessory parking lots, including those situated on the principal parcel, shall require a special permit of the City Council, which special permit shall follow the provisions set forth in Section 6.1.7.1, Special Permit for Parking On Adjacent and Nearby Parcels, except that the application shall be submitted to, and the review and decision made by the City Council. Accessory parking lots shall only be allowed in zones where hospitals are allowed, as found in Section 4.3 Table of Principal Uses. Structures designed to serve these institutions and their accessory uses and buildings are allowed whether or not a fee is charged for their use. Ownership and operation of a hospital or any of its accessory uses or buildings may be on a nonprofit or a for-profit basis and as a public or private enterprise and by the owner thereof or by any other person or entity under any arrangement whatsoever, including without limitation a lease, a license, a franchise, a management agreement, or an affiliation agreement.

The provisions of subsection 4.4.4, governing location of accessory structures, shall not apply to hospital structures.

7.1.2 Motels, overnight cabins.

Each unit shall have at least one room with not less than 150 square feet of floor area and a bathroom of not less than 25 square feet of floor area.

Normal auxiliary uses are permitted on the same lot, including a swimming pool, office, eating facilities for the guests and permanent living quarters for one family.

The following minimum dimensions shall apply:

Lot area: 2 acres.

Frontage: 200 feet.

Lot depth: 200 feet.

Front yard: 50 feet.

Rear yard: 30 feet.

Side yard: 30 feet.

There shall be a minimum of 500 square feet of lot area for every unit.

7.1.3 Outdoor recreation facility (golf course, ice skating rink, ski area, bathing beach, swimming pool, picnic grove, shooting range, canoe club).

All outdoor recreation facilities shall be located on lots of not less than one acre in area and 150 feet in depth, unless greater areas or distances are required elsewhere in this ordinance.

No structure shall be located within a 100 feet of any property line.

Unenclosed recreational facilities shall be located not less than 50 feet from any property line and shall be effectively screened from the view of adjoining residential uses.

Illuminated signs and other lights shall be directed away or shielded from adjoining residential uses.

No public address system shall be permitted except where such system is inaudible at the property line.

In the case of a commercial outdoor recreation facility, retail sales which are strictly ancillary to the principal use are permitted, provided there is no evidence of such sales activities when the premises is viewed from the property line, and provided that such sales do not occupy more than five percent of the area of the premises.

In the case of an outdoor recreation area not operated for gain, the provisions governing retail sales for membership clubs, civic, social, professional or fraternal organizations shall apply.

Drive-in theaters are not permitted in any district.

7.1.4 Business and commercial uses.

In cases where two or more attached retail, service, office, eating or drinking establishments, or other combination of permitted business or commercial uses, are designed or intended for more than one ownership, side yards between ownerships are not required, provided:

The complex is planned and constructed as one entity and at the same time.

Interior side lot lines are coincident with party walls.

The normal side yard is provided at each end of the complex.

All lots comply with all other dimensional requirements set forth in this ordinance. With the approval of the planning board, a complex of existing units or a proposed expansion of an existing building unit may be divided in conformance with provisions b through d above.

Financial institutions in RO districts shall not exceed two stories.

7.1.5 Commercial parking lot or garage (for the storage of motor vehicles).

Commercial parking lots or garages with a capacity of less than 25 vehicles shall not be established.

Access points to such facilities shall be limited to well-defined locations, and in no case shall there be permitted unrestricted access (such as continuous curb cuts) along the length of the street or alley upon which the parking area abuts.

Commercial parking lots shall not be located within ten feet of a street line, or within five feet of any other lot line.

The setback of commercial parking garages or structures shall be in accordance with normal dimension controls for the district(s) in which they are located except that no such structure shall be located within 30 feet of any residence district.

Commercial parking lots shall be separated from adjacent residence districts by a buffer of plant or other suitable screening material.

Those facades of commercial parking garages or structures which face streets and residence districts shall be finished with curtain walls of decorative material of sufficient density to obscure the vehicles parked within the structure.

Illuminated signs and other lights shall be directed away or shielded from adjacent residence districts.

7.1.6 Drive-thru facility or use with drive-thru service.

7.1.6.1 Purpose. The purpose of this section is to protect the safety, public health, convenience and general welfare of the inhabitants of the City of Holyoke by providing detailed review of the design and layout of drive-thru facilities which have a substantial impact upon the character of the City of Holyoke and upon traffic, utilities and services therein, while ensuring public safety and mitigating the associated impacts.

7.1.6.2 Applicability. Drive-thru facilities are commercial facilities which provide a service directly to a motor vehicle or where the customer drives a motor vehicle onto the premise and to a window or mechanical device through or by which the customer is serviced without exiting the vehicle. Uses may include restaurants, retail establishments, pharmacies, financial institutions, and automatic teller machines (ATM). This shall not include the selling of fuel at a gasoline filling station or the accessory functions of a carwash facility such as vacuum cleaning stations, or services at a municipal authority. Drive-thru facilities shall be allowed with a special permit of the city council on parcels of land within the BL, BC, BG, BH, BE, IG and SC zones.

7.1.6.3 Drive-through facilities standards:

The width of the driveway access at the property line of the development shall not exceed 22 feet, unless the traffic impact study identifies, and the department of public works approves, the need for wider access.

A system of joint use driveways and cross access easements shall be established wherever feasible along (name road or overlay corridor) and the proposed development shall incorporate the following:

A service drive or cross access corridor extending the width of the parcel.

Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross-access via a service drive.

Minimum stacking requirements by type of use.

Restaurants and other food establishment drive-through facilities shall provide no less than eight stacking spaces within the site at or behind the order board. The facility shall provide another four stacking spaces between the order board and the transaction window. If the facility has two transaction windows the four stacking spaces may be spilt between each of the windows. An additional stacking space shall be provided after the last transaction window(s).

Retail establishments such as pharmacies, service facilities or similar shall provide no less than five stacking spaces within the site at or behind the transaction window.

Financial institutions shall provide no less than four stacking spaces within the site at or behind the transaction window or pneumatic tube.

Freestanding automatic teller machines (ATM) with drive-through service shall provide no less than four stacking spaces within the site at or behind the transaction window.

Each stacking space shall be a minimum of 20 feet in length and ten feet in width along straight portions. Stacking spaces and stacking lanes shall be a minimum of 12 feet in width along curved segments. Stacking lane width may be reduced by the provision of a pass-by lane fit for adequate travel.

Stacking lanes shall be delineated from traffic aisles, other stacking lanes and parking areas with striping, curbing, landscaping and the use of alternative paving materials or raised medians.

Entrances to stacking lane(s) shall be clearly marked.

Stacking lanes shall be designed to prevent circulation congestion, both on site and on adjacent public streets. The circulation shall: (a) separate drive-through traffic from site circulation, (b) not impede or impair access into or out of parking spaces, (c) not impede or impair vehicle or pedestrian traffic movement, and (d) minimize conflicts between pedestrian and vehicular traffic with physical and visual separation between the two. Stacking lanes shall not interfere with required loading and trash storage areas and loading or trash operations shall not impede or impair vehicle movement. If said separate stacking lane is curbed, an emergency by-pass or exit shall be provided.

The intersection of stacking lanes and walk-in customer access shall be separate from any driveway access and/or transaction windows. Said intersections shall be provided with a crosswalk. These crosswalks shall use enriched paving and striping and include warning signage aimed at both the pedestrian and vehicle.

Any outdoor service facilities (including menu boards, speakers, etc.) shall be a minimum of 100 feet from the property line of residential uses, except that facilities may be located up to 50 feet from a residentially used structure if screened from adjoining properties in the residence district by plant or other suitable material.

10.

Menu boards shall be a maximum of 30 square feet, with a maximum height of six feet in height and shall be shielded from any public street and residential properties.

7.1.6.4 Traffic impact study.

A detailed traffic impact analysis shall be submitted for any special permit or site plan approval application containing a drive- through facility. A state registered transportation engineer shall prepare the traffic impact study. The traffic impact study shall contain the information required in section 10.1.6.3 — traffic impact study, a through h.

7.1.6.5 Submittal requirements and review procedure.

Once the application is received by the city clerk, a copy of the application shall be forwarded to the planning board and the department of public works for review and comment. A public hearing for the special permit shall be held in accordance with section 9.3 of the City of Holyoke Zoning Ordinance.

The following documents must be provided at the time of the special permit application:

Two completed original applications and required fee, as defined in section 9.3.6 of the City of Holyoke Zoning Ordinance.

Seven copies of site plan drawn to scale (2 - departments; 5 - committee). These plans shall include the following:

Site circulation plan including drive-thru features.

ii.

Total lot area in square feet and proposed coverage area.

iii.

Lighting, drainage, and landscaping or buffer plans.

iv.

In addition, the submittal documents shall be provided in a digital format.

Departments will be given at least 21 days, after the application is received by the city clerk and forwarded, to respond back to the city council.

A new special permit must be obtained in accordance with this section when there is any change in use as per section 7.1.6.3.3.

7.1.7 Industrial uses in industrial districts.

Standards for industrial park districts.

No building shall be constructed, no material shall be stored in the open, and no loading or off-loading shall be conducted within a 100 feet of any abutting residence district. No parking lot shall be placed within a 100 feet of any residence district unless completely screened from the view of such district by appropriate planting, and in no case shall any parking lot be placed within 50 feet of any residence district.

Within the buffer area provided above, natural vegetal cover shall be maintained in all cases, unless such cover becomes injurious or threatens to become injurious to the abutting residence district. Where the natural vegetal cover does not provide effective screening of the industrial operation, suitable plant material shall be introduced to provide such screening, one-half the cost of which shall be borne by the owner and/or developer an one-half by the city.

A minimum of two-thirds of the square foot area within the front yards of all buildings shall be provided with lawn or otherwise suitable landscaping.

To avoid unattractive appearance which may result in poor resale value, to minimize maintenance and to maintain architectural integrity, the exterior walls of buildings shall be finished with brick, or materials of equal attractiveness and durability.

Standards for general industry districts.

Concurrent with the application for a permit to build any industrial structure in an IP district there shall be filed with the planning board a copy of the site plan (see definition) of said development. Planning board recommendation to the building commissioner and other appropriate local officials or bodies, or the elapse of 30 days from the date of submission without such recommendation, shall be prerequisite to the granting of the permit.

The planning board shall consider the following criteria in the review and evaluation of the site plan. These criteria are: conformance with all applicable local, state and federal laws; proposed integration into the existing terrain and the relationship to abutting properties and community amenities; architectural style and its harmony with the prevailing character in the neighborhood; adequacy of existing public utilities to serve the building or buildings; access to and from the site; protection of neighborhood from outside storage and compliance with all other provisions of the zoning ordinance.

(Ord. of 2-19-02 [45th amd.], § 7.0; Ord. of 6-17-08 [76th amd.], § 1; Ord. of 5-3-16 [129th amd.], § 1; Ord. of 6-6-17 [140th amd.], § 1)

7-2. - Regulations for specific uses available by special permit.

In accordance with the provisions of section 9-3, the city council may issue a special permit for a use set forth in the table of principal uses, subject to the general and specific requirements set forth below. Compliance with the following requirements and standards, as applicable, shall be insured before any special permit is granted. All pertinent regulations contained elsewhere in this ordinance shall govern unless expressly contradicted by the requirements and standards set forth below.

7.2.1 Motor vehicle service station.

Pits and hoists shall be contained within the area of the building, and all washing, lubricating and repair work shall be carried on inside the building.

No sale and/or rental of motor vehicles, trailers, or boats will be permitted. Motor vehicle body and paint work will not be carried on the premises, and there will be no storage of wrecked vehicles.

Concurrent with the application for a special permit for a service station there shall be filed a site plan of the proposed service station. Within ten days after receipt of the plan, the city council shall transmit a copy thereof to the planning board. The planning board shall investigate the proposed layout and report in writing its recommendations to the city council. The city council shall not take final action until it has received a report from the planning board or until the planning board has allowed 20 days to elapse after receipt of such plan without rendering a report.

No such facility shall be located on a lot measuring less than a 100 feet by a 100 feet.

Said lot is located in one of the following zones: BG, BH, BE, SC, or IG.

No part of any such establishment shall be located within a 100 feet of any residence district; except that facilities may be located up to 50 feet from a residence district if screened from adjoining properties in the residence districts by plant or other suitable material.

Entrances or exits for vehicles shall not be within 200 feet as measured along the public street of a school, playground, church or related facility, library, museum, hospital, or nursing home.

Access and egress points shall be well defined, shall be located not less than 50 feet apart and shall not be located within 50 feet of similar points on adjacent properties or of the intersection of two street right-of-way lines.

No exterior oil draining pit, hoist or other visible appliance for any such purpose shall be located within 20 feet of any property line.

10.

Incidental sales and/or rental of motor vehicles, trailers or boats, if permitted, shall be governed by the applicable regulations for such use.

7.2.2 Bulk fuel, oil, gas, coal storage or distribution operation. Bulk fuel, oil, gas, coal storage and distribution operations as defined herein may be allowed by special permit granted by the city council, subject to the following conditions:

No part of any such establishment shall be located within a 100 feet of any residence district, conforming motel or indoor eating establishment.

Such uses, including vehicle storage areas, shall be screened from adjoining properties in residential districts by plant or other suitable material.

Tanks, piping or other storage facilities, when unenclosed and above the ground, shall be screened from view from the street and neighboring properties.

Entrances or exits for vehicles shall not be within 200 feet as measured along the public street of a school, playground, church or related facility, library, museum, hospital or nursing home.

7.2.3 Advertising blimps. Advertising blimps as defined herein may be allowed by special permit granted by the city council, subject to the following conditions:

The advertising blimp shall be compatible with the surrounding neighborhood.

Only one advertising blimp shall be allowed per parcel.

Size is restricted to 1,000 cubic feet.

Blimps must be securely tethered in a location away from trees, utilities, or other features in which the tether might become entangled.

Blimps shall not include and moving or flashing devices.

Blimps shall not be internally lit or have any electric cable attached thereto.

Height is limited to a distance which is equal to the distance from the footing of tether to within 25 feet of the nearest property line.

No illumination of the blimp shall be allowed.

7.2.4 Financial institutions in industrial park districts. Before granting any special permit for a financial institution in an IP zone, the city council shall make the following findings:

The parcel on which the financial institution is to be located and for which the special permit is being sought must contain a minimum of five acres provided however, that the special permit granting authority may grant a special permit for a parcel containing less than five acres but not less than three acres upon making the following specific findings:

A structure exists on the subject parcel which will be adapted to the use for which the special permit is being sought.

The reduced parcel size will not be deleterious to the use and enjoyment of surrounding properties.

The general character and aesthetic quality of the vicinity will not be detrimentally altered by the reduced parcel size.

All other pertinent zoning regulations will be adhered to.

7.2.5 Flea market. A special permit may be granted for a flea market in the following districts: RO, BL, BC, BG, BH and IG. A site plan must be submitted with the permit application and to the planning board for comments.

Vehicular access to flea market sites is not allowable from residential streets.

Overnight lodging on the premises is not allowed even if such lodging is free to booth operators.

Outdoor selling areas are not allowed within the setback areas.

Sales areas or buildings shall not be located within 300 feet of a residential district, except that facilities may be located up to 50 feet from a residential area if screened from adjoining properties by plant or other suitable material. Landscape screening must be provided along any lot boundary visible from (not necessarily abutting) any residential zone.

Adequate parking for the establishment will be required.

7.2.6 Boarding houses. A special permit may be granted for a boarding house containing rooms for more than four boarders in the following districts: RM-20, RM-40, RM-60, DR, BH, BG and BL. The boarding house may be specially permitted where the city council determines that the following conditions have been met:

There shall be no significant alteration of the building's exterior. This shall not include safety or general maintenance measures such as painting, etc.

Off-street parking will be screened from adjacent properties and shall not be allowed within front yard setbacks.

The boarding house is not located within 1,000 feet of another boarding house. This may be waived if the city council determines that a waiver of this requirement will not have an adverse impact on the neighborhood.

Trash waste containers are to be enclosed and secured from entry and screened.

The building department, fire department, and health department certify that the premises reveals no violations of applicable ordinances, rules, regulations, laws or restrictions.

Fire prevention measures pursuant to M.G.L.A 148, c. 26H, along with Chapter 2 State Sanitary Code 105 CMR 410.000—419.000 have been complied with.

A valid license from the Holyoke License Commission must be received prior to occupancy, pursuant to M.G.L.A c. 140, §§ 21-31.

7.2.7 Bed and breakfast. A special permit may be granted for a bed and breakfast. Such special permit granted shall be valid for one year from the date of issuance. The fee for such special permit shall be $100.00; however, following three consecutive years of operation, said permit shall be valid for two years and be assessed a fee of $150.00. Such special permit may be renewed, provided however, the premises are first inspected by an inspector from the City of Holyoke Department of Codes and Inspections and found to be in compliance with the above stated requirements and any other applicable ordinances, rules, regulations, laws or restrictions. The city council may issue the permit for a bed and breakfast upon such conditions and limitations as are consistent with the zoning ordinance. In addition to such conditions and limitations, the permit for a bed and breakfast shall contain the following information: (i) number of rooms to be rented; (ii) signage requirements; (iii) off-street parking requirements; (iv) statement that only breakfasts may be served on the premises. The bed and breakfast may be specially permitted where the city council determines that:

The building to be used for the bed and breakfast is a single family residence, except that if the building is listed on the historic inventory, the Holyoke Historic Commission and the Planning Board for the City of Holyoke have offered a recommendation on the intended use.

There shall be no significant alteration of the building's exterior. This shall not include safety or general maintenance measures such as painting, etc.

Off-street parking will be screened from adjacent properties and shall not be allowed within front yard setbacks.

The bed and breakfast is not located within 1,000 feet of another bed and breakfast. This may be waived if the city council determines that a waiver of this requirement will not have an adverse impact on the neighborhood.

The only meal that may be provided to guests shall be breakfast and it would only be served to guests taking lodging at the facility.

Information and literature describing activities and cultural and historical events and landmarks in the City of Holyoke shall be prominently displayed for the benefit of guests.

Trash/waste containers are to be enclosed and secured from entry and screened.

7.2.8 Adult entertainment. Special permit for adult theaters, adult bookstores, adult video stores and adult dance clubs. The city council may grant a special permit for adult theaters, adult bookstores, adult video stores and adult dance clubs in BG, BH and IG zones provided the following conditions are satisfied:

The property for the proposed use shall not be located within 500 feet of a residential use or district or, within 500 feet of a church or, within 1,000 feet of a school or park or, within 1,000 feet from any other adult theater, adult bookstore, adult video store or adult dance club.

The intended use is not incompatible with the surrounding neighborhood.

Off-street parking if required will be properly screened from adjacent properties.

The building to be used has adequate access and egress.

7.2.9 Third dwelling unit in an existing two-family dwelling. The city council may grant a special permit to allow the owner of a two-family dwelling existing on April 1, 1986, and located in an R-2 (two-family residence) district, to expand that use by creating one additional dwelling unit in accordance with the following requirements:

The applicant shall file with the city council and the building commissioner a plan prepared by an architect registered in the Commonwealth of Massachusetts. Said plan shall show all proposed changes to the existing structure and shall be of sufficient detail to demonstrate that the altered structure will comply with all requirements of the state building code and this ordinance. The plan shall also be accompanied by a certification from the architect that all alterations, additions or improvements to the existing structure will conform to the "State Building Code of the Commonwealth of Massachusetts." The building commissioner shall review the plans and within 20 days submit to the city council any recommendations he may have on the proposed alterations.

The parcel of land for which the special permit is being requested shall contain at least 6,000 square feet of area.

Two additional off-street parking spaces shall be provided on the premises. In no case shall these additional parking spaces be allowed within the front yard setback area. The city council may reduce the number of additional off-street parking spaces for the premises. This reduction may only occur if, in the opinion of the city council, it will not be detrimental to the public good. In no case may the reduction result in the total number of spaces being less than five.

The special permit shall not be granted unless it is the judgment of the city council that it can be granted without substantial detriment to the public good and without derogating from the purpose of this ordinance.

7.2.11 Motor car race tracks, speedways; horse and dog race tracks and permanent outdoor concert facilities. Criteria used to determine whether a special permit should be granted are:

Proper access and egress and internal circulation.

Traffic impacts to the surrounding neighborhood.

Noise levels are reasonable and conducive to the surrounding neighborhood.

Structures or facilities are not within 2,000 feet of a residential, educational, church or municipal structure.

7.2.12 Temporary storage units. The city council may grant a special permit for the use of a temporary storage unit beyond 60 days or for the use of multiple units, upon a showing of good cause or extenuating circumstances by the applicant justifying an extension, as well as compliance with this and any other applicable ordinance, rule, regulation, law or restriction. The fee for such special permit shall be $100.00 and the permit shall be valid for the time specified by the city council.

All temporary storage units must comply with the provisions of section 4.4.10.

7.2.13 Outdoor sales lots for new and used motor vehicles and trucks, and marine and recreational vehicles. A special permit may be granted by the city council for outdoor sales lots for motor vehicles, marine and recreational vehicles, and similar sales subject to the following conditions:

Said lot is located in a BH, IG, or BE district.

Access and egress points shall be well defined and have sufficient width. Fourteen feet of access onto the property for safety purposes shall be shown on plans in accordance with the city zoning ordinance.

Said lot must contain a permanent building, containing a foundation and meeting the state building code, within reasonable means.

The entire sales lot and off street parking area must be paved and a perimeter curb or barrier must be provided to prevent encroachment of the vehicles for sale into the required setback and landscaped areas. This section must be met prior to receiving the special permit.

The maximum number of motor vehicles for sale on a lot shall be the number which is the result of dividing the usable square feet of sale area by 310 to include allowance for setbacks and access. Indoor storage and sales areas shall not be included in this measurement and will be determined separately. If the applicant is applying for an auto repair license, the planning department must review both applications before the license is issued to meet this section for customer parking, employee parking and the total number of vehicles on the lot.

In the case of sales of marine or recreation vehicles, no stacking shall exceed the height limit for the zone.

All signage must be in accordance with standards set forth in the city zoning ordinance.

All motor vehicle sales lots shall buffer the activities from adjacent parcels by landscaping or other buffering materials. Preferred materials shall be decorative fencing and/or vegetative material to beautify the property. Landscape plans shall be forwarded to the planning board for review.

All outdoor lighting shall be directed so that it does not shine or spill onto adjacent properties.

10.

The architectural appearance and functional plan of the building and site may not be so dissimilar to the existing buildings or area as to cause impairment in property values or constitute a blighting influence within a reasonable distance of the lot.

11.

Adequate customer parking must be provided in off-street parking spaces in accordance with the city zoning ordinance as set forth below. The employee and customer parking shall be clearly designated and shall not be used for the parking, storage, or display of motor vehicles, for sale, rental, or hire.

Customer Parking

Total number of vehicles permitted per special permit	Customer spaces required

Up to 25	2
25—50	3
51—75	4
76—100	5
101—150	6
151—200	7
201—250	8
251—300	9

Spaces for employees shall be computed at the rate of two spaces for each three employees in the maximum working shift (full or parttime)

12.

All facilities issued a special permit pursuant to this section shall utilize a bulk waste container in compliance with chapter 74 of the City of Holyoke Code of Ordinances, the location of which shall be displayed on the site plan.

13.

No outdoor stock piling of parts shall be permitted.

14.

All vehicles and equipment must be in operational condition.

15.

When other uses exist on the property, the entire property must comply with all relevant ordinances for each use.

16.

All owners and lessees or tenant of properties under this section, must comply with all other state and local regulations, including, but not limited to those in relation to parking on sidewalks, snow removal into public ways, and utilizing public property.

17.

The following documents must be provided at the time of the special permit application:

Completed application and fee.

Five copies of site plan drawn to scale. If the proposal calls for more than 20 sales spaces, said plans shall be prepared by a registered surveyor, engineer or architect. These plans shall include the following:

Parking layout plan showing both sales vehicle locations and off street parking spaces for employees and customers.

Total lot area in square feet and proposed coverage area.

Lighting, drainage, bulk waste container (dumpster) location, and landscaping or buffer plans.

Location of landscaping and buffering.

All departments will be given at least 21 days, after the application is received by the city clerk and forwarded, to respond to the city council.

A report form the planning department, declaring the maximum number of vehicles intended for display must be provided at the time of the public hearing.

18.

Review procedure. Once the application is received by the city clerk, a copy of the application shall be forwarded to the planning board, health department, building department, and fire department for review. The application will not be considered complete until the application packet (including drawings, department head comment letters, and inspections) are complete and have been reviewed by the planning department. Once the application is deemed complete it will be submitted to the city council. A public hearing for the special permit shall be held in accordance with section 93 of the City of Holyoke Zoning Ordinance.

19.

License required. After receiving a special permit from the city council, a license to operate the outdoor sales lot for one year must be obtained from the license commission.

20.

All licenses that are valid on the date of passage of this ordinance and that are renewed for the same address and by the same licensee are hereby "grand fathered" from compliance with this ordinance. Any change, either in the owner, lessee, tenant or in the location of the license, must comply with the provisions of this ordinance.

21.

Any legally grandfathered licensee in compliance with this section shall be allowed to extend the licensed used onto a contiguous parcel of land, and shall be required to comply with subsection 7.2.13(5) above in regards to the number of vehicles allowed on the property being added only. This section shall not be applicable to the pre-existing portion of the sales lot.

22.

Any violation of any provision of this ordinance shall result in penalties as prescribed by the City of Holyoke Code of Ordinances, and local, state and federal laws, up to and including, revocation of the license.

23.

Fees. The fee for such special permit shall be $500.00 per applicant.

7.2.13(a) Motor vehicle repair garage. A special permit may be granted by the city council for a motor vehicle repair garage subject to the following conditions:

Said property is located in a BG, BH, BE or IG district.

Access and egress points shall be well defined and have sufficient width. Fourteen feet of access onto the property for safety purposes shall be shown on plans in accordance with this ordinance.

All repairs shall be conducted inside a permanent building, which meets all state building code requirements for the use.

The entire off street parking area must be paved and a perimeter curb or barrier must be provided to prevent encroachment of the vehicles for sale into the required setback and landscaped areas. This section must be met prior to receiving the special permit.

The maximum number of motor vehicles for repair on a lot shall be the number which is the result of dividing the usable square footage of repair area by 310 to include allowance for setbacks and access.

Adequate parking spaces for vehicles being repaired, customers and employees parking must be provided in off-street parking spaces as follows:

Four spaces for every service bay; and

Two spaces for each three employees in the maximum working shift.

The employee and customer parking shall be clearly designated and shall not be used for the parking, storage, or display of motor vehicles being repaired.

All motor vehicle repair garages shall buffer the activities from adjacent parcels by landscaping or other buffering materials. Preferred materials shall be decorative fencing and/or vegetative material to beautify the property. Landscape plans shall be forwarded to the planning department for review.

All outdoor lighting shall be directed so that it does not shine or spill onto adjacent properties.

10.

No outdoor stock piling of parts shall be permitted

11.

All signage must be in accordance with standards set forth in the City of Holyoke Zoning Ordinance.

12.

All owners and lessees or tenant of properties under this section, must comply with section 22-131 of the Holyoke Code of Ordinances and with all other state and local regulations, including, but not limited to those in relation to parking on sidewalks, snow removal into public ways, and utilizing public property.

13.

14.

When other uses exist on the property, the entire property must comply with all relevant ordinances for each use.

15.

Application. The following documents must be provided at the time of the special permit application:

Completed application and fee.

Proof of registration with the Massachusetts Department of Environmental Protection as a hazardous waste generator in accordance with section 22-131 of the Holyoke Code of Ordinances.

Five copies of site plan drawn to scale. These plans shall include the following:

Parking layout plan showing off street parking spaces for vehicles to be repaired, employees, and customers.

ii.

Total lot area in square feet and proposed coverage area.

iii.

Lighting, drainage, bulk waste container (dumpster) location, and landscaping or buffer plans.

iv.

Location of landscaping and buffering.

All departments will be given at least 21 days, after the application is received by the city clerk and forwarded, to respond to the city council.

A report from the planning department, declaring the maximum number of vehicles allowed must be provided at the time of the public hearing.

16.

Review procedure. Once the application is received by the city clerk, a copy of the application shall be forwarded to the planning department, health department, building department, and fire department for review. The application will not be considered complete until the application packet (including drawings, department head comment letters, and inspections) are complete and have been reviewed by the planning department. Once the application is deemed complete it will be submitted to the city council. A public hearing for the special permit shall be held in accordance with section 9.3 of the city zoning ordinance.

17.

License required. After receiving a special permit from the city council, a license to operate the motor vehicle repair garage for one year must be obtained from the license commission.

18.

A new special permit must be obtained in accordance with this section when there is any change in the owner, lessee, tenant or in the location of the business.

19.

20.

Fees. The fee for such special permit shall be $250.00 per applicant.

7.2.13(b) Motor vehicle body repair or paint shop. A special permit may be issued by the city council for a motor vehicle body repair or paint shop subject to the following conditions:

Said property is located in a BH, BE or IG district.

Access and egress points shall be well defined and have sufficient width Fourteen feet of access onto the property for safety purposes shall be shown on plans in accordance with this ordinance.

All work shall be conducted inside a permanent building, which meets all state building code requirements for the use.

The maximum number of motor vehicles for body repair or painting on a lot shall be the number which is the result of dividing the usable square footage of repair or painting area by 310 to include allowance for setbacks and access.

Adequate parking spaces for vehicles being repaired, customers and employees parking must be provided in off-street parking spaces as follows:

Four spaces for every service bay; and

Two spaces for each three employees in the maximum working shift.

The employee and customer parking shall be clearly designated and shall not be used for the parking, storage, or display of motor vehicles being repaired.

All motor vehicle body repair or paint shops shall buffer the activities from adjacent parcels by landscaping or other buffering materials. Preferred materials shall be decorative fencing and/or vegetative material to beautify the property. Landscape plans shall be forwarded to the planning department for review.

All outdoor lighting shall be directed so that it does not shine or spill onto adjacent properties.

10.

No outdoor stock piling of parts shall be permitted.

11.

All signage must be in accordance with standards set forth in the City of Holyoke Zoning Ordinance.

12.

All owners and lessees or tenant of properties under this section, must comply with must comply with section 22-131 of the Holyoke Code of Ordinances of ordinances and all other state and local regulations, including, but not limited to those in relation to parking on sidewalks, snow removal into public ways, and utilizing public property.

13.

14.

When other uses exist on the property, the entire property must comply with all relevant ordinances for each use.

15.

Application. The following documents must be provided at the time of the special permit application:

Completed application and fee.

Proof of registration with the Massachusetts Department of Environmental Protection as a hazardous waste generator in accordance with section 22-131 of the City of Holyoke Code of Ordinances.

Documentation of the fire suppression system in the painting booth (paint shops only).

Five copies of site plan drawn to scale. These plans shall include the following:

Parking layout plan showing off street parking spaces for vehicles to be repaired, employees and customers.

ii.

Total lot area in square feet and proposed coverage area.

iii.

Lighting, drainage, bulk waste container (dumpster) location, and landscaping or buffer plans.

iv.

Location of landscaping and buffering.

All departments will be given at least 21 days, after the application is received by the city clerk and forwarded, to respond to the city council.

A report from the planning department, declaring the maximum number of vehicles allowed must be provided at the time of the public hearing.

16.

17.

License required. After receiving a special permit from the city council, a license to operate the motor vehicle body repair or paint shop for one year must be obtained from the license commission.

18.

A new special permit must be obtained in accordance with this section when there is any change in the owner, lessee, tenant or in the location of the business.

19.

20.

Fees. The fee for such special permit shall be $250.00 per applicant.

7.2.13(c) Multiple motor vehicle uses. Whenever more than one motor vehicle use requiring a special permit under section 7.2.13 exists on one property, the city council shall require, in addition to the requirements set forth above:

That each use be clearly delineated on the plan submitted with the application by showing what portion of the property is devoted to each use and what parking spaces are devoted to each use; and

That proof of the number of cars allowed for each use on the property be provided.

In any case where there is more than one such use existing on one property, the total number of cars allowed for all the uses shall not exceed the number that would be allowed if the property was devoted entirely to one use.

7.2.14 Refuse transfer station. A special permit shall be granted by the city council for a refuse transfer station in accordance with M.G.L.A. c. 40A, § 9. The special permit may impose reasonable conditions upon the construction or operation of the facility taking into consideration the criteria enumerated in section 9.3.2 of this ordinance.

(Ord. of 2-19-02 [45th amd.], § 7.0; Ord. of 8-6-02 [46th amd.], § 1; Ord. of 1-4-04 [58th amd.], §§ 1, 2; Ord. of 5-4-04 [59th amd.], § 1; Ord. of 4-15-08 [72nd amd.], § 1; Ord. of 9-2-08 [79th amd.], § 1; Ord. of 9-2-08 [80th amd.], § 1; Ord. of 11-18-08 [90th amd.], § 1; Ord. of 6-16-09 [94th amd.], § 1; Ord. of 12-15-09 [96th amd.], § 1; Ord. of 3-5-13 [109th amd.], § 1)

7-3. - Removal of earth materials.

7.3.1 General. No such excavation shall begin until a special permit is issued by the city council. Concurrent with the application for such a permit, there shall be submitted six copies of a plan and informational report of the premises proposed to be excavated with the following information:

The location of the proposed excavation, the legal name and address of the property owner, and the legal name and address of the applicant.

The names and addresses of all abutting property owners and property owners within 500 feet of any lot line, including owners on the opposite side of any streets.

A plan of the land involved, plus a strip a 100 feet wide surrounding said land, prepared by a registered land surveyor or professional engineer, showing all existing and proposed built features (including signs, parking, lighting, fencing and access gates), property lines, access and public roads, vegetative cover, water courses and water bodies, floodplains, wetlands, drainage swales or other drainage structures, maximum high groundwater elevation, direction of groundwater flow, rate of groundwater flow, private and public wells, and soil and bedrock characteristics. Existing topography and proposed finish grace contours after completion of the proposed excavation shall be shown at two foot intervals.

The estimated quantity of material to be removed or added to the site, and the estimated quantity of topsoil and subsoil to be stripped, stockpiled, and replaced during restoration.

A plan for erosion and sediment control during excavation activities.

The approximate date of operational commencement and the anticipated duration of the operation.

Proposed daily operational times.

The equipment to be used on site and the number and type of vehicle trips per day during hauling.

Measures proposed for mitigating potential noise, dust, visual impacts, and other hazardous waste or emissions emanating from the site.

7.3.2 Security. A performance bond, in an amount determined by the city council or consultant to the city council in consultation with the building commissioner, shall be posted by tile applicant prior to the issuance of a special permit to ensure the satisfactory compliance with the conditions of this ordinance, especially the conditions for restoration of the site. This bond shall be posted with the building commissioner and the building commissioner shall be responsible for all enforcement and monitoring of said bond. This bond shall not be released until the applicant has certified in writing and the city council or its designated consultant in consultation with the building commissioner has determined that all conditions of this ordinance have been met and that the restoration of the site has been completed in compliance with the special permit and the restoration plan.

7.3.3 Procedures. Within four days of the receipt of the application for special permit under this ordinance, the city council shall transmit a copy of the application, site plan, and informational report to the planning board, board of appeals, conservation commission, historical commission, building commissioner, and city engineer for their comments. After due notice the city council shall hold a public hearing on the petition for a special permit. Such notice and hearing shall be in accordance with the requirements of M.G.L.A. c. 40A, § 11. Special permits issued under this section shall be valid for five years from the date of issue. This permit may be renewed by the city council for an additional five-year period after review of the repermitting application and the compliance history of the applicant with the original permit and any subsequent permits. The council may ask the applicant for additional information as needed. An application for repermitting shall consist of the same information as required for the original permit plus site plant showing excavation and extraction activities to date, new areas where such activities are planned, and current site restoration plans.

7.3.4 Standards.

No material shall be removed, and on shall be permitted within 30 feet of any lot line. No removal or extraction shall take place within a 100 feet of a wetland or 200 feet of a perennial stream. No removal or extraction shall take place within 300 feet of an existing public way if extractive operation is below the grade of the centerline of the road. No removal or excavation below the natural grace of any property boundary shall be permitted nearer than 50 feet from such boundary.

All buffer areas, whatever their extent, shall be vegetated with native trees and shrubs, maintaining naturally existing vegetation possible, to screen neighboring uses from visual, noise, dust and other impacts of the operation. Where no natural vegetation exists, the applicant shall be responsible for planting and maintaining appropriate vegetation, the city council may require other additional screening, such as fencing or berms, to reduce impacts on nearby properties. Plans for such additional vegetative or other screening shall be submitted with the application for special permit.

Rock crushing equipment and other noise producing apparatus shall be set back a minimum of 400 feet from any property line. The noise standards in subsection 6.5.4 shall apply to earth removal operations as well. Noise control berms may be required, as a condition or the special permit, to minimize impacts on neighboring properties.

The active excavation area shall not exceed a total of three acres at any one time. Natural vegetation shall be left and maintained on the undisturbed land.

Hours for extraction and hauling shall be between 7:00 a.m. and 7:00 p.m. Monday through Saturday, unless further restricted as a condition of a special permit.

Excavation shall not extend less than ten feet above the annual high groundwater level. One or more monitoring wells shall be installed by the applicant to monitor groundwater elevations.

No commercial operators in existence before the effective date of this earth removal ordinance and operating in accordance with a building permit issued by the building commissioner shall operate past the expiration of the building permit but shall be required to obtain a special permit in accordance with the provisions of this ordinance. Notwithstanding, said operator may continue to operate past the expiration date of said building permit, in accordance with the provisions of said permit, if it has filed an application for a special permit in accordance with the provisions of this ordinance. Said continued operation under the building permit shall lapse once the city council has acted upon the operator's new application.

Topsoil and subsoil stripped prior to excavation shall be stored on site, seeded with an erosion control mixture, and used in restoration of the site. A minimum of six inches of topsoil and 12 inches of subsoil shall be spread over the area to be restored. If sufficient quantities of material are not stockpiled on site, additional topsoil or subsoil shall be brought in of an equal or better quality than the native soil and shall be free of refuse, toxic contaminants or see of exotic invasive plants.

Extractive and restoration operations shall be conducted so as to conform to all local, state and federal statutes governing wetlands, water bodies, and drainage.

7.3.5 Other conditions. The city council may impose conditions, not specifically provided for herein, on any special permit relating to earth removal. Such conditions are intended to profit plant and animal habitat, aesthetic appeal of the area, property values and the neighborhood and city against permanent or temporary hazards which may result from conditions after extractive operations methods of handling materials on site, or from transport or extracted materials through the city.

(Ord. of 2-19-02 [45th amd.], § 7.0)

7-4 - Multifamily dwellings.

7.4.1 General. Multifamily dwellings, four or more units, shall be permitted only upon site plan review by the planning board, as specified in section 10. of this ordinance in accordance with the table of principle uses as seen in section 4.3.

The conversion of an existing two-family dwelling in an R2 district into a three-family dwelling shall be allowed only by special permit in accordance with section 7.2.9 of this ordinance.

7.4.2 Dimensional requirements. All requirements in the table of dimensional regulations shall apply where not superseded by the following table. The dimensional requirements in the following table shall apply in the districts indicated for lots devoted to multifamily residences:

DISTRICT	Area (sq. ft.)	Frontage (ft.)	Depth (ft.)	Maximum coverage of land (%)
RM-LD	43,560	80	100	25
RM-20	40,000	200	100	30
RM-40	20,000	80	100	40
RM-60	6,000	60	100	60

7.4.3 Minimum lot area. In RM-40 and RM-60 districts, the minimum lot area per dwelling unit shall be increased by 300 square feet per bedroom over two for each unit having more than two bedrooms. The minimum lot area per dwelling unit may be reduced by 300 square feet for one bedroom or efficiency units in RM-40, RM-60 and RO districts. The total lot area reduction shall be based only on the number of one bedroom or efficiency units; and no reduction whatever shall be allowed unless the one bedroom or efficiency units constitute at least one-third of the total units being constructed.

7.4.4 Open space areas. In RM-LD, RM-20 and RM-40 districts, at least one-half of the lot area not covered by buildings shall be devoted to recreational facilities and landscaped areas for the enjoyment of the residents. This area shall be maintained by the owner; devoted to plantings (including grass areas); devoted to pedestrian oriented paved areas designated for social or recreational use in common by the residents of the complex, and provided that such areas are kept essentially open to out-of-doors and are at ground level. Paved open space areas will be clearly designated on building plans and provided and maintained with appropriate recreational equipment. Specifically excluded from required open space are those areas devoted to parking, parking access, and service drives whether or not designed for multiple use and those areas deemed not usable for recreational or other tenant use. In designating open space, due regard shall be shown for all natural features which, if preserved, will add attractiveness and value to the development.

7.4.5 Row houses. In the case of a multifamily dwelling consisting of more than two attached dwelling units (row house or other such configuration) designed or intended to be individually owned, interior side yards are not required, provided:

The complex of individual units is planned and constructed as one entity and at the same time.

Interior side lot lines are coincident with party walls.

There is a side yard at each end of the complex measuring at least one and five-tenths (1.5) times the normal side yard requirements for the district.

All lots comply with the normal front and rear yard and area-per-dwelling-unit requirements for the district. With the approval of the planning board, a complex of existing units may be divided in conformance with provisions of this section.

(Ord. of 11-18-08 [86th amd.], § 1)

Editor's note— Ord. of 11-18-08 [86th amd.], § 1, deleted the former § 7-4, §§ 7.4.1—7.4.8, and enacted a new § 7-4 as set out herein. The former § 7-4 pertained to multifamily dwellings and derived from Ord. of 2-19-02 [45th amd.], § 7.0.

7-5. - Flexible development.

7.5.1 Purpose. The purposes of this section, flexible development, are:

To encourage the preservation of open land for its scenic beauty and to enhance agricultural, open space, forestry, and recreational use.

To preserve historical and archeological resources; to protect the natural environment, including Holyoke's varied landscapes and water resources.

To protect the value of real property.

To promote more sensitive siting of buildings and better overall site planning.

To perpetuate the appearance of Holyoke's traditional New England landscape.

To facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner.

To offer an alternative to standard subdivision development.

7.5.2 Applicability. In accordance with the following provisions, a flexible development project may be created, whether a subdivision or not, from any parcel or set of contiguous parcels held in common ownership and located entirely within the city. Proposed parcel shall be equipped with public water supply in order to receive a density bonus.

7.5.3 Procedures. Flexible development may be authorized upon the issuance of a special permit by the planning board. Applicants for flexible development shall file with the planning board the information required by section 9-3. Applicants who anticipate filing a special permit shall file with the planning board according to section 10 of this ordinance regarding site plan review. Additional information shall include:

Boundaries of areas regulated by the Holyoke Conservation Commission under MGL, c131, Ch. 40.

Location and limits of soil types consistent with the soils classification maps prepared by the US Department of Agriculture Soil Conservation Service.

The extent of any primary and secondary aquifers underlying the site, as currently shown on maps prepared by the City Of Holyoke.

Topographic contours at intervals of ten feet or less.

Delineation of slopes of 20 percent or greater.

The location of cultural and historic features including but not limited to stonewalls on the boundary of the site, archeological and historic sites and structures, and significant trees (caliper of 30 inches or more at the base). On sites of more than 20 acres, interior stone walls shall be shown.

The boundaries of the secondary watershed areas in which the site is located.

Scenic viewsheds as identified by on-site observations from public roads and vantage points.

7.5.4 Design process. Each development plan shall follow the design process outlined below. When the development plan is submitted, applicants shall be prepared to demonstrate to the planning board that this design process was considered in determining the layout of proposed streets, house lots, and common open space.

Understanding the site. The first step is to inventory existing site features, taking care to identify sensitive and noteworthy natural, scenic and cultural resources on the site, and to determine the connection of these important features to each other.

Evaluating site context. The second step is to evaluate the site in its larger context by identifying physical (e.g., stream corridors, wetlands), transportation (e.g., road and bicycle networks), and cultural (e.g., recreational opportunities) connections to surrounding land uses and activities.

Designating the common open space. The third step is to identify the common open space to be preserved on the site. Such open space should include the most sensitive and noteworthy resources of the site, and, where appropriate, areas that serve to extend neighborhood open space networks.

Location of development areas. The fourth step is to locate building sites, streets, parking areas, paths and other built features of the development. The design should include a delineation of private yards, public streets and other areas, and shared amenities, so as to reflect an integrated community, with emphasis on consistency with historical development patterns.

Lot lines. The final step is simply to draw in the lot lines (if applicable).

7.5.5 Modification of lot requirements. The planning board encourages applicants for flexible development to modify lot size, shape, and other dimensional requirements for lots within a flexible development to create a building site which is in harmony with the natural features of the site, subject to the following limitations:

Lots having reduced area or frontage shall not have frontage on a street other than a street created by the flexible development; provided, however, that the planning board may waive this requirement where it is determined that such reduced lot(s) are consistent with existing development patterns in the neighborhood.

7.5.6 Number of dwelling units. Units shall be allowed as follows:

Basic maximum number. The basic maximum number of dwelling units allowed in a flexible development shall not exceed the number of lots which could reasonably be expected to be developed upon the site under a conventional plan in full conformance with all zoning, subdivision regulations, health regulations, wetlands regulations and other applicable requirements. The proponent shall have the burden of proof with regard to the design and engineering specifications for such conventional plan.

Density bonus. The planning board may award a density bonus to increase the number of dwelling units beyond the basic maximum number. The density bonus for the flexible development shall not, in the aggregate, exceed 50 percent of the basic maximum number. All dwelling units awarded as a density bonus shall be two bedroom units. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances:

For each additional ten percent of the site (over and above the required 30 percent) set aside as common open space, a density bonus of one additional unit may be awarded; provided, however, that this density bonus shall not exceed 50 percent of the basic maximum number.

7.5.7 Site design standards.

Buildings. The flexible development may consist of single family detached and/or zero lot line residential structures. The following criteria shall apply:

Residential structures shall be oriented toward the street serving the premises and not the required parking area.

Lots shall be laid out and designed, to the greatest extent feasible, to preserve and protect historic and archeological sites, farmland, wooded stream corridors, forested areas and large trees, scenic views particularly as seen from public roads, ridgelines and hilltops.

Roads. The principal roadway(s) serving the site shall be designed to conform with the standards of the city where the roadway is or may be ultimately intended for dedication and acceptance by the city. Private ways shall be adequate for the intended use and vehicular traffic and shall be maintained by an association of unit owners or by the applicant.

Parking. Each dwelling unit shall be served by two off-street parking spaces. Parking spaces in front of garages may count in this computation.

Common open space. A minimum of 30 percent of the parcel shown on the development plan shall be common open space. Any proposed common open space, unless conveyed to the city or its conservation commission, shall be subject to a recorded restriction enforceable by the city, providing that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively agricultural, horticultural, educational or recreational purposes, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.

The percentage of the common open space which is wetlands shall not normally exceed the percentage of the tract which is wetlands; provided, however, that the applicant may include a greater percentage of wetlands in such open space upon a demonstration that such inclusion promotes the purposes set forth in subsection 1, above. In no case shall the percentage of common open space which is wetlands exceed 50 percent of the tract.

At least 70 percent of the common open space shall be retained in contiguous areas, unless less is approved by the planning board.

The common open space shall be used for conservation, historic preservation and education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry, or for a combination of these uses, and shall be served by suitable access for such purposes.

The maximum number of house lots compatible with good design shall abut the open space and all house lots shall have reasonable physical and visual access to the open space through internal roads, sidewalks or paths. An exception may be made for resource areas vulnerable to trampling or other disturbance.

The common open space shall have a shape, dimension, character, and location suitable to assure its use for park, recreation, conservation or agricultural purposes by at least all of the residents of the tract.

Open space areas may not be excavated or filled and must be maintained in their natural state.

Further subdivision of the common open space or its use other than recreation, conservation, forest or agriculture, except for easements for underground utilities or drinking water supply wells, shall be prohibited.

Structures or buildings accessory to recreation, conservation, or agriculture use may be erected but shall not exceed five percent coverage of such common space.

Ownership of the contiguous open space. The contiguous open space shall, at the planning board's election, be conveyed to:

The city or its conservation commission.

A nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above.

A corporation or trust owned jointly or in common by the owners of lots within the flexible development. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of such open space and facilities shall be permanently guaranteed by such corporation or trust which shall provide for mandatory assessments for maintenance expenses to each lot. Each such trust or corporation shall be deemed to have assented to allow the city to perform maintenance of such open space and facilities, if the trust or corporation fails to provide adequate maintenance, and shall grant the city an easement for this purpose. In such event, the city shall first provide 14 days' written notice to the trust or corporation as to the inadequate maintenance, and, if the trust or corporation fails to complete such maintenance, the city may perform it. Each individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such trust or corporation shall be submitted to the planning board for approval, and shall thereafter be recorded. Such organization shall not be dissolved nor shall it dispose of any common open space by sale or otherwise (except to an organization conceived and organized to own and maintain the common open space), without first offering to dedicate the same land to the city.

Buffer areas. A buffer area of 50 feet shall be provided at the perimeter of the property where it abuts residentially zoned or occupied properties, except for driveways necessary for access and egress to and from the site. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. The planning board may waive the buffer requirement (i) where the land abutting the site is held by the city for conservation or recreation purposes; or (ii) the planning board determines that a smaller buffer will suffice to accomplish the objectives set forth herein.

Drainage. Stormwater management shall be consistent with the requirements for subdivisions set forth in the rules and regulations of the planning board. The planning board shall encourage the use of nonstructural stormwater management techniques and other drainage systems that reduce impervious surfaces and enable infiltration where appropriate. Stormwater management systems serving the flexible development may be located within the required common open space. Surface systems, such as retention and detention ponds, shall not qualify towards the minimum open space requirement.

7.5.8 Decision. The planning board may approve, approve with conditions, or deny an application for a flexible development after determining whether the flexible development better promotes the purposes of this flexible development ordinance than would a conventional subdivision development of the same locus.

Relation to other requirements. The submittals and permits of this section shall be in addition to any other requirements of the subdivision control law or any other provisions of this zoning ordinance.

(Ord. of 2-19-02 [45th amd.], § 7.0)

7-6. - Planned unit development.

7.6.1 Purpose. The planned unit development, in addition to furthering the general purpose of this ordinance, is intended to provide for a mixture of housing types in the RA, R-1, R-1A, R-2 and RM-20 districts at somewhat greater densities than would normally be allowed in order to promote objectives of better diversity, livability and aesthetic quality in the living environment. Therefore, planned unit developments allowed under this ordinance shall be carefully designed to result in economical and efficient street, utility, and public facility installation, construction and maintenance; a variety of housing types and characteristics appropriate to differing socioeconomic groups; efficient allocation, distribution, and maintenance of common open space; harmonious relationships between land uses and natural features; and enhancement of property values over the long-run.

7.6.2 Requirements. Planned unit development may be allowed by special permit issued by the planning board in the RA, R-1, R-1A, R-2 and RM-20 districts, subject to the following conditions:

The proposed planned unit development shall be in harmony with the master plan, as prepared and amended by the planning board.

The planned unit development shall be an effective and unified treatment of the development possibilities on the project site, making appropriate provision for the preservation of streams and stream banks, wooded cover, rough terrain and other significant natural features.

The proposal shall specify reasonable periods within which construction of each section of development may be started. No building designed or intended for business use shall be constructed prior to the construction of not less than 50 percent of the housing units proposed to be built.

Deviation from the required amount of usable open space per housing unit may be allowed, provided such deviation shall be compensated for in other sections of the development. The reservation and maintenance of the open space or common land shall be assured in accordance with the procedures prescribed herein.

7.6.3 Eligible uses. In a planned unit development, the following uses may be proposed as part of the special permit application:

Church or other religious use; educational use, including nursery or day-care facility; governmental use.

Single-family dwelling; two-family or semidetached dwelling; apartment building or row house.

Limited business uses, as listed below:

Barber shop

Beauty parlor

Tailor shop

Shoe repair shop

Newsstand

Drugstore

Food store

Restaurant

Health spa

Recreation-related businesses

Medical and related professional services

Video rental store

Laundry, dry cleaner

Florist

Small appliance repair

Accessory uses

Other business or commercial uses deemed appropriate by the city council.

The city council, when granting the special permit for the planned unit development, may disallow one or more of the above enumerated uses, depending on the characteristics of the proposed development and the vicinity. In such cases, the excluded uses will be stated on the permit.

7.6.4 Dimensional controls. In a planned unit development the following requirements relating to the density and intensity of land use shall be met:

Minimum number of dwelling units: 50.

Maximum overall density (dwellings per acre): The same as that for the district(s) in which the development is located; except that the city council may, in proper cases, allow an increase in overall project density of up to 20 percent on the land used for residence as an incentive to developers to undertake planned unit developments despite the increased costs brought about by application and performance guarantee procedures.

Minimum dimensions as follows, provided the land thus saved is devoted to common open space:

Lot size per single-family dwelling: One-half basic minimum lot area shown in the schedule of dimensional controls.

Lot size per two-family dwelling: Two-thirds basic minimum lot area per dwelling unit shown in the schedule.

Lot frontage per single-family or two-family dwelling: Two-thirds of the frontage shown in the schedule.

Setback and rear and side yards, pertaining to lots within the development: Two-thirds basic minimum dimensions shown in the schedule.

Minimum setback and rear and side yards, pertaining to the periphery of the development: Equal to the requirements of each district as shown in the schedule of dimensional controls.

Maximum height of structures: 40 feet.

10.

Maximum gross floor area of allowed business uses except motor vehicle light service: 15 percent of the gross floor area of all buildings containing dwelling units.

11.

Maximum land area of motor vehicle light service: One percent of the total area of the development.

12.

Minimum usable open space, or common land, per dwelling unit: 1,000 square feet, such space not to include parking space, laundry drying areas or required front yards.

13.

Maximum percentage of dwelling units of any one type of permitted housing: 75 percent.

7.6.5 Overall design standards. The planned unit development shall be designed in accordance with the following standards.

All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and blocks. Individual buildings shall be related to each other in design, masses, materials, placement and connections to provide a visually and physically integrated development.

Treatment of the sides and rear of all buildings within the planned development group shall be comparable in amenity and appearance to the treatment given to street frontages of these same buildings. The design of buildings and their ancillary facilities shall take advantage of the topography of the site wherever possible.

All buildings shall be arranged as to avoid undue exposure to concentrated loading or parking facilities wherever possible and shall be so oriented as to preserve visual and audible privacy between adjacent buildings. All buildings shall be arranged as to be accessible to emergency vehicles.

Landscape design standards. Landscape treatment for plazas, drives, walkways, service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area. Landscape materials selected shall be appropriate to the growing conditions of the city's environment. Whenever appropriate, existing vegetal cover shall be conserved and integrated into the landscape design. Planting exotic invasive species shall not be allowed.

Circulation design standards. Roads, drives, pedestrian walks and open space shall be designed as an integral part of an overall site design, and shall be properly related to proposed buildings and topography. Buildings and vehicular circulation spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic. Landscaped, paved and comfortably graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas and adjacent buildings. Maximum separation of private automobiles and service vehicles shall be insured through the use of separate service areas.

Conveyance and maintenance of common open space. All land shown on the definitive development plan as common open space shall be conveyed under one of the following options: Conveyance may be to a public agency which agrees to maintain the common open space and any buildings, structures, or improvements which have been placed on it; or conveyance may be to trustees provided in an indenture establishing an association or similar organization for the maintenance of the open space and other common property in the planned development. (The common open space must be conveyed to the trustees subject to covenants to be approved by the planning board which restrict the common open space to the uses specified on the final development plan, and which provide for the maintenance of the common open space in a manner which assures its continuing use for its intended purpose.) If the common open space is not conveyed to a public agency, either one of the following methods of enforcement must be provided: The legal right to develop the common open space for the uses not specified in the final development plan must be conveyed to a public agency; or the restrictions governing the use, improvement, and maintenance of the common open space must be stated as conditions to the conveyance of the common open space, the fee title to the common open space to vest in a public agency in the event of a substantial default in the stated conditions. If the common open space is not conveyed to a public agency, the covenants governing the use, improvement, and maintenance of the common open space may authorize a public agency to enforce their provisions. Common open space shall be contiguous to other open space to the extent feasible.

7.6.6 Procedural requirements. The following procedures shall be required for the presentation of a planned unit development proposal:

Preapplication conference. Before submitting an application for a special permit for a planned unit development, an applicant, at his option, may confer with the planning department to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, and other data.

Application for special permit, outline plan. Each application for a planned unit development shall be accompanied by an outline, or preliminary plan in triplicate, of the entire tract under consideration, prepared in accordance with the specifications of the subdivision regulations of the planning board for preliminary subdivision plans (whether or not all of the development constitutes a subdivision as defined in the Subdivision Control Law, M.G.L.A. c. 41, §§ 81K-81GG, inclusive). Within ten days after receipt of the plan, the city council shall transmit a copy thereof to the planning board. The planning board shall investigate the proposed layout and report, in writing, its recommendations to the city council. The city council shall not take final action until it has received a report from the planning board or until the planning board has allowed 60 days to elapse after receipt of such plan without rendering a report.

A special permit for a planned unit development, issued by the city council, shall be deemed to be authorization to develop the tract according to the special use regulations and dimensional controls set forth herein. A favorable recommendation by the planning board that a special permit be issued, shall not be deemed to constitute final approval of the development nor any part thereof.

Design control, definitive plan. After issuance of a special permit for a planned unit development, the execution of the project, in accordance with the standards set forth herein, shall be accomplished in the manner prescribed for a subdivision, as contained in the subdivision rules and regulations of the planning board. Said procedures shall apply whether or not all of the development constitutes a subdivision (as defined in the Subdivision Control Law, M.G.L.A. c. 41, §§ 81K-81GG, inclusive).

There shall be submitted to the planning board a definitive development plan of the entire tract, showing, in addition to those elements required for a subdivision definitive plan, the location and type of all buildings, walkways, driveways and parking areas, the topography, the proposed landscape treatment, and the location, extent and design of all areas proposed to be conveyed, dedicated or otherwise reserved for common open space and for schools and other public or semipublic facilities. There shall also be submitted a development schedule, showing the beginning and completion dates for each phase of the project, and the amount of common open space to be provided with each phase. Agreements, provisions or covenants proposed to govern the use, maintenance and continued protection of common areas within the development shall also be submitted.

The planning board shall hold a public hearing, in accordance with the procedures for hearings under the subdivision control law, on the definitive development plan and its supporting documentation, and shall, within the time limits therein prescribed, approve or disapprove said plan. Those portions of an approved plan which constitute a subdivision within the meaning of the subdivision control law, shall be endorsed after appropriate performance guarantees have been made and after the required appeal period.

In-progress adjustments. Amendments to the approved definitive plan may be made at any time in the manner prescribed for subdivisions in M.G.L.A. c. 41, § 81W.

7.6.7 Adherence to approved plan. In addition to performance guarantees required for those portions of the development which constitute a subdivision, conformance with the definitive plan for the entire development will be insured by continued surveillance by the planning board. Failure to adhere to the approved definitive plan and supporting documentation will, upon recommendation of the planning board, result in suspension of all building permits outstanding until the building commissioner and the planning board are satisfied that the work is proceeding according to said plan and schedule. Continued failure to comply with the approved definitive plan will result in revocation of the special permit for a planned unit development.

(Ord. of 2-19-02 [45th amd.], § 7.0)

7-7. - Independent living retirement communities, continuing care retirement communities and assisted living communities.

7.7.1. Purpose. The purpose of this section is to:

Provide affordable, adequate, multifamily dwelling units for persons of age 55 or older.

Provide housing targeted for persons of age 55 or older which will minimize the potential impacts in terms of noise, traffic, parking, environmental impacts, and related issues of such multifamily housing on surrounding properties;

Provide for assisted living residences as defined in M.G.L.A. c. 19D, § 1;

Provide for assisted living residences as herein defined which will minimize the potential impacts in terms of noise, traffic, parking, environmental impacts, and related issues on surrounding properties;

Provide affordable, adequate, dwelling units and multifamily housing opportunities and nursing, medical and health care services for persons of age 55 or older consistent with M.G.L.A. c. 93, § 76;

Provide housing and health care services targeted for persons age 55 or older which will minimize the potential impacts in terms of noise, traffic, parking, environmental impacts, and other related issues on surrounding properties.

7.7.2 Special permit required. The development of an independent living retirement communities, continuing care retirement communities and/or assisted living communities shall require a special permit from the city council.

7.3.3 Eligibility. All buildings for independent living retirement communities, continuing care retirement communities and assisted living communities shall conform to the dimensional requirements set forth below:

Independent living retirement communities shall be permitted on parcels of five acres or more in RA, R-2, RM-20, RM-40, RM-60, RO, BL, BC, BG, and BH districts;

Assisted living communities shall be permitted by special permit on parcels of five acres or more in RA, R-2, RM-20, RM-40, RM-60, RO, BL, BC, BG, and BH districts;

Continuing care retirement communities shall be permitted by special permit on parcels of five acres or more in RA, R-2, RM-20, RM-40, RM-60, RO, BL, BC, BG, and BH districts.

7.7.4 Design requirements. In order to be eligible for consideration for a special permit, independent living retirement communities, continuing care retirement communities and/or assisted living communities shall meet the following standards:

Siting and layout requirements. The development shall be integrated into the existing terrain and surrounding landscape, and shall be designed to protect abutting properties and community amenities. Building sites shall, to the extent feasible:

Minimize use of wetlands, steep slopes, floodplains and hilltops;

Minimize obstruction of scenic views from publicly accessible locations;

Preserve unique natural or historical features;

Minimize tree, vegetation, and soil removal and grade changes;

Maximize open space retention; and

Screen objectionable features from neighboring properties and roadways.

Design requirements.

More than one structure may be placed on a lot and, in addition, each dwelling must be provided with access, drainage and utilities.

Buildings shall be in harmony with the prevailing character and scale of buildings in the neighborhood through the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation and separation between buildings.

Vehicular and pedestrian access requirements.

The plan shall maximize the convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent ways.

Structures shall have access on interior roadways approved by the city engineer.

Connecting walkways with tree belts shall be provided between structures and parking areas within the site.

Open space and buffer area requirements.

Maximum land coverage in RA zones shall be 50 percent and shall include all impervious surfaces with areas over a 100 square feet.

Structures shall be separated from adjacent properties outside the retirement and assisted living communities by buffer strips consisting of trees and/or fencing sufficient to minimize the visual impacts of the development. Such a buffer strip shall be at least 20 feet in width and contain plantings. Individual shrubs or trees shall be maintained by the owner or occupants. At least 50 percent of the plantings shall consist of evergreen trees and shrubs. A wall or fence, not to exceed six feet in height, complemented by plantings, may be substituted for such a landscaped buffer strip as approved by the planning board. The strip may be part of the yard.

Parking, loading and lighting requirements.

To the extent feasible, parking areas shall not be located within a required front yard and shall be screened from public ways and adjacent or abutting properties by building location, fencing or plantings. For purposes of this subparagraph, one parking space shall have an area of 200 square feet (ten feet wide by 20 feet long). No parking shall be allowed on interior roadways.

In independent living retirement communities, 1.5 parking spaces shall be provided for each dwelling unit; in assisted living and continuing care retirement communities, one parking space shall be provided for each two individual units; in all retirement and assisted living communities, one parking space for visitors shall be provided for each ten individual units; and employee parking shall be provided at the rate of two for each three employees in the maximum working shift; provided that all parking requirements may be altered by the planning board during the site plan review process.

Exposed storage areas, machinery, service areas, truck loading areas, utility buildings and structures, and other unsightly uses shall be set back or screened.

Water supply and sewerage requirements.

The development shall be served by adequate public water and sewer systems provided by the developer or applicant which do not place excessive demands on municipal infrastructure.

Stormwater management.

Stormwater management shall be regulated by subsection 10.1.8 of this ordinance.

Utility requirements.

Where physically and environmentally feasible, electric, telephone, cable TV, and other such utilities shall be placed underground at the developer's expense.

Maximum number of independent units per lot is calculated by dividing the area of the parcel (expressed in square feet) by 2,200, unless the prevailing zone allows a higher level of density, in which case the number of units permitted in the prevailing zone is allowed.

(Ord. of 2-19-02 [45th amd.], § 7.0)

7-8 - Wireless telecommunication facilities and antennas.

7.8.1 Purpose. The purpose of this section is to establish general guidelines for the siting of wireless telecommunications facilities and antennas. The goals of this section are to:

Protect residential areas and land uses from potential adverse impacts of wireless telecommunications facilities and antennas;

Locate wireless telecommunications facilities and antennas in nonresidential areas;

Minimize the total number of wireless telecommunications facilities and antennas throughout the community;

Strongly encourage the joint use of new and existing wireless telecommunication facility and antenna sites as a primary option rather than construction of additional single use wireless telecommunications facilities;

Encourage users of wireless telecommunications facilities and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

Encourage users of wireless telecommunications facilities and antennas to configure them in a way that minimizes the adverse visual impact of the wireless telecommunications facilities and antennas through careful design, siting, landscape screening, and innovative camouflaging techniques;

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively, and efficiently;

Avoid potential damage to adjacent properties from wireless telecommunications facilities and antennas through engineering and careful siting of wireless telecommunications facilities and antennas; and

Encourage the use of municipally owned land for the siting of wireless telecommunications facilities and antennas.

7.8.2 Applicability. All new wireless telecommunications facilities or antennas, or material modifications to existing wireless telecommunications facilities or antennas, in the City of Holyoke shall be subject to these regulations. A material modification shall be defined as the replacement of a telecommunications facility, any addition of equipment to a wireless telecommunications facility other than on a temporary basis, an increase in the number of antennas, any increase in the telecommunications facility height or any expansion of the enclosed area in which the equipment buildings or cabinets is located.

Pre-existing wireless telecommunications facilities or antennas. Pre-existing wireless telecommunications facilities and pre-existing antennas shall not be required to meet the requirements of this section, unless a material modification is proposed to such a facility or antenna, in which case the proposed modification shall be subject to the requirements of this section 7.8.

Exempted wireless telecommunications facilities and antenna uses. Specifically exempt from this section are the following wireless telecommunications facilities and antennas: police, fire, ambulance and other emergency facilities or municipal dispatch; amateur (ham) radio, citizens band radio; and any existing commercial radio tower or radio dispatch services for local businesses.

Wireless telecommunications facilities and antennas may be considered either principal or accessory uses. A different existing use of an existing structure on the same lot shall not preclude the installation of an antenna or wireless telecommunications facility on such lot.

Wireless telecommunications facilities and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

7.8.3 General requirements. Wireless telecommunications facilities and antennas shall be regulated pursuant to this section, subject to the following conditions:

Special permit. All new wireless telecommunications facilities, antennas, and material modifications shall require a special permit from the planning board.

Lot size. For purposes of determining whether the installation of a wireless telecommunications facility or antenna complies with zoning regulations, including, but not limited to, setback requirements, lot coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antenna or wireless telecommunications facility may be located on leased parcels within such lot.

Aesthetics. Wireless telecommunications facilities and antennas shall meet the following requirements:

Wireless telecommunications facilities and antennas shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA, be painted a color so as to reduce visual obtrusiveness; and

At a wireless telecommunications facility or antenna site, the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening, and landscaping that will blend them into the natural setting and surrounding buildings.

Lighting. Wireless telecommunications facilities and antennas shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the lighting alternatives and design chosen must cause the least disturbance to the surrounding views.

Accessory uses. Wireless telecommunications facilities may support accessory uses not regulated by the FCC. Such accessory uses shall not interfere with any telecommunications equipment installed or to be installed on the telecommunications facility. Such a proposed accessory use for a new wireless telecommunications facility shall be presented with the information set forth in this section 7.8.

Accessory structures. Wireless telecommunications facilities may contain accessory structures. Structures shall be limited to one structure per carrier located at the telecommunications facility, shall be presented at the time of the special permit application, and shall comply with subsection 7.8.3.3.b above.

Compliance with other regulations. All wireless telecommunications facilities and antennas must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the local, state, or federal government with the authority to regulate wireless telecommunications facilities and antennas including any conservation or historic impacts. Prior to applying for a building permit, the applicant shall submit to the building commissioner a statement that it has obtained all necessary permits, noting any differences between the list of necessary permits submitted with the application and the permits obtained. The applicant will also provide the building commissioner or the planning board with copies of any requested permits.

Maintenance. To ensure the structural integrity of wireless telecommunications facilities and antennas governed by this section, the owner of a wireless telecommunications facility or antenna, including buildings and support equipment associated with antennas or wireless telecommunications facilities, shall comply with standards contained in all applicable building codes and the applicable standards for wireless telecommunications facilities and antennas that are published by the Electronic Industries Association, as amended from time to time. If such standards and regulations are changed for existing facilities, the owner of the wireless telecommunications facilities or antennas shall bring such wireless telecommunications facilities or antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a different compliance schedule is mandated by the controlling state or federal agency. If, upon inspection, the City of Holyoke, through its building commissioner or appropriate authority, concludes that a wireless telecommunications facility or antenna fails to comply with such codes and standards or constitutes a danger to persons or property, then, upon written notice being provided to the owner of the wireless telecommunications facility or antenna, the owner shall have 30 calendar days from such notice to bring such wireless telecommunications facility or antenna into compliance with such standards. Failure to bring such wireless telecommunications facility or antenna into compliance within 30 calendar days shall constitute grounds for the removal of the wireless telecommunications facility and antenna at the owner's expense.

Signs. No signs shall be allowed on an antenna or wireless telecommunications facility, with the exception of a sign to identify the owner(s) and to warn of potential danger. The planning board shall determine the appropriate sign size required to be adequately visible to the public; however, in no case shall the sign exceed 12 square feet.

10.

Setbacks. A wireless telecommunications facility shall not be erected nearer to any property line than a minimum distance equal to the vertical height of the wireless telecommunications facility, including any antenna that extends above the height of the facility plus 25 feet. The planning board may permit a reduced setback if the planning board finds such reduced setback will not adversely affect safety or aesthetics and the applicant provides a certification from the tower manufacturer or design engineer that the tower is designed to collapse on itself or otherwise collapse safely.

11.

Height. Wireless telecommunications facilities shall not exceed a height of 200 feet including any antenna located above the height of the facility, except that a height of up to 300 feet shall be allowed for public safety or public utility purposes. Public utility purposes include the need of a public utility to place an accessory structure at a height greater than 200 feet.

12.

Tower structure. Only free-standing-tower structures without guy wires that include antennas and/or accessory uses are allowed. Monopoles are preferred, while lattice-style is allowed provided applicant can demonstrate that such structure minimizes environmental impacts as certified by a professional environmental engineer licensed to practice in Massachusetts.

13.

At the time of application for all new wireless telecommunications facilities or any material modifications to existing wireless telecommunications facilities, the applicant shall, to the greatest extent possible, assist the city in the enhancement of its public safety communications systems by providing space on the telecommunications tower for city fire, police rescue and public works communications, as well as space for any associated ground equipment.

7.8.3A Additional development standards for small wireless facilities. In addition to the general requirements provided for in section 7.8.3, the following additional development standards shall be applicable to small wireless facilities:

Only small wireless facilities are permitted to be installed within a state or city right-of-way on new or existing utility poles (with permission from the pole owner) or wireless support structures. All small wireless facilities eligible for a special permit under this chapter shall not exceed the size dimensions for small wireless facilities as defined herein, and shall be, where possible, designed as concealed facilities and shall be subject to applicable development standards and procedures as required by Holyoke, state and federal laws and the terms and conditions of Holyoke Gas and Electric (HG&E), in cases involving utility poles owned by HG&E.

New utility poles installed primarily for wireless telecommunications facility or wireless support structures shall be designed to match the design parameters established by the planning board by regulation or, in the absence of such design guidance, match the size, girth and design of any existing utility poles or other vertical structures located in the surrounding area. Attachments installed for public safety equipment (fire, EMS, etc.) are exempt.

The applicant shall include with its application sufficient evidence, consistent with industry standards, to justify its requested placement.

Small wireless facilities must be placed in a right-of-way with residential or commercial uses on the opposite side of the right-of-way from such uses whenever possible. All small wireless facilities shall be located in such a way that they do not interfere with views from residential structures.

All small wireless facilities shall be located so as to minimize adverse visual effects on the landscape.

All small wireless facilities, either independently sited or mounted on or to existing buildings and structures, shall be camouflaged.

When a small wireless facility extends above the roof height of a building on which it is mounted, every effort shall be made to conceal every component within or behind existing architectural features to limit its visibility from public view.

All small wireless facility components mounted on a roof shall be stepped back from the front facade in order to limit its impact on the building silhouette and the public view.

The Holyoke Planning Board shall determine if sufficient area exists immediate to the proposed small wireless facility so that landscape improvements would be aesthetically beneficial and it shall require a landscape plan from the applicant. Said plan will seek to screen or buffer the public view of the proposed small wireless facility.

10.

Any small wireless facility shall be painted so as to visually blend into nearby vegetation or a light gray or light blue hue that blends with sky and clouds or shall be otherwise camouflaged as approved by the Holyoke Planning Board.

11.

The Holyoke Planning Board may adopt other and further objective aesthetic and location criteria applicable to all applications submitted under this section.

12.

Installation in historic district.

13.

The failure to provide evidence of need/significant gap in service and/or the ability to meet current industry law and standards at the time of application may result in denial of the special permit.

Any application proposing the installation of small wireless facilities within any of the city's historic districts shall comply with the following requirements in addition to those generally applicable as required by the relevant historic district commission:

14.

Concealment techniques shall be designed to be consistent and harmonious with the nature and character of the historic district, including color, shape and size of proposed equipment,

15.

New utility poles or wireless support structures shall be designed to match the size, girth, and design of any existing utility poles or other vertical structures located in the historic district right-of-way, i.e., decorative light poles.

16.

A certificate of appropriateness, certificate of hardship, or certificate of nonapplicability must be obtained by the applicant before any application will be accepted by the Holyoke Planning Board.

17.

This section shall not be construed to limit the city's enforcement of historic preservation in conformance with the requirements adopted pursuant to M.G.L. c. 9, §§ 26 through 27C, c. 40C, or the National Historic Preservation Act of 1966, 54 U.S.C. § 300101, et seq., and the regulations adopted to implement those laws.

7.8.4 Special permit application—Wireless telecommunications facility. Each applicant for a special permit for a wireless telecommunications facility shall provide ten hard copies and one digital copy of the application to the planning board, to be distributed to city departments and the planning board, including the following information:

Inventory of existing sites. An inventory of its existing wireless telecommunications facilities, antennas, or sites approved for wireless telecommunications facilities or antennas, that are either within the jurisdiction of the City of Holyoke or within one mile of the border thereof, including specific information about the location, height, and design of each wireless telecommunications facility shall be provided to the building commissioner. The building commissioner may share such information with other applicants applying for special permits under this section or other organizations seeking to locate antennas or wireless telecommunications facilities within the jurisdiction of the City of Holyoke; provided however, that the building commissioner is not, by sharing such information, in any way representing or warranting that such sites are available or suitable.

Site plans and engineering plans. The plans shall be prepared by a professional engineer licensed to practice in Massachusetts, on 24-inch by 36-inch sheets at a scale of one inch equals 40 feet or one inch equals 200 feet where appropriate, on as many sheets as necessary which show the following:

North arrow, date, scale, seal(s) of the licensed professional(s) who prepared the plans and space for reviewing the licensed engineer's seal;

Name and address of the landowner and name and address of all abutters;

Property lines and location of permanent structures or buildings, within a 500-foot radius of a proposed wireless telecommunications facility;

Existing (from a topographical survey completed within the two years of application submittal date by a professional surveyor licensed to practice in Massachusetts) and proposed contours at a minimum of two-foot intervals and spot elevations at the base of all the proposed and existing facilities;

Vegetation to be removed or altered;

Plans for drainage of surface water and plans to control erosion and sedimentation both during construction and as a permanent measure;

Delineation of wetlands, if any;

Location of wireless telecommunications facility, including any antennas or accessory uses (e.g., wind monitoring equipment, security cameras);

Plans for anchoring and supporting the facility, including specifications of hardware and all other building material;

Plans for accessory structures;

Layout and details of surfacing for access road and parking;

Amenities such as lighting, fencing, landscaping; and

Four view lines in a one-to three-mile radius of the site, beginning at True North and continuing clockwise at 90-degree intervals and from any historic, scenic, or other prominent areas of the city which may be in view of the site.

A map showing the areas covered by the proposed wireless telecommunications facility and antenna, including the submission of certified radio plots.

A locus map at a scale of one inch equals 1,000 feet which shall show streets, buildings, and landscape features.

A description of the soil and surficial geology at the proposed site.

A narrative report written by the applicant and a licensed professional engineer, which shall:

Describe the justification of the proposed site;

Describe the facility and the technical, and other reasons for the facility design;

Describe the capacity of the facility, including the number and type of additional facilities it can accommodate;

Describe actions to be taken if electromagnetic radiation from the facility should exceed levels designated by the FCC;

Describe the projected future needs of the carrier, and how the proposed wireless telecommunications facility fits with future projections to serve the city and adjacent cities and towns; and

Describe special design features to minimize the visual impact of the proposed wireless telecommunications facility and antenna.

List of all other necessary permits needed for the construction and/or operation of the wireless telecommunications facility and antenna.

Written request for permission for a reduction in setbacks including all supporting documentation, if applicable.

7.8.5 Special permit application—Antenna. Each applicant for a special permit for new or additional antennas on an existing wireless telecommunications facility or nonresidential structure, such as buildings, grain silos, steeples, or water towers, including co-location with another carrier, provided that the new use does not add more than 50 feet to the height of the structure, shall provide five hard copies and one digital copy to the planning board the following information:

Site plans and engineering plans, prepared by a professional engineer licensed to practice in Massachusetts, on 24-inch by 36-inch sheets at a scale of one inch equals 40 feet or one inch equals 200 feet on as many sheets as necessary which shows the following:

North arrow, date, scale, the seal(s) of the licensed professionals who prepared the plans and a space for the reviewing licensed engineer's seal;

Plans for supporting and attaching the device, including specifications of hardware and all other building materials;

Building plans for accessory structures, if any; and

Layout and details of surfacing for access road and parking, if it is to be altered from existing condition.

A map showing the areas covered by the proposed antennas of two different signal strengths and the interface with adjacent service areas, through the submission of certified radio plots.

A narrative report written by the carrier and a licensed professional engineer which shall:

Demonstrate that the wireless telecommunications facility or nonresidential structure to which the device will be mounted has the structural integrity to support such device;

Describe actions to be taken if electromagnetic radiation from the facility should exceed levels designated by the FCC; and

Describe the projected future needs of the carrier, and how the proposed facility fits with future projections.

List of all other necessary permits needed for construction and operation.

Written request for permission for a reduction in setbacks including all supporting documentation, if applicable.

7.8.6 Balloon simulation. At least 14 days prior to the scheduled public hearing, the applicant for a new ground mounted wireless telecommunications facility or an increase in height to an existing wireless telecommunications facility by ten feet or more shall fly or raise a temporary mast or balloon, at least three feet in diameter, in the exact location of the proposed wireless telecommunications facility or antenna for a period of at least 12 hours, the majority of which are daylight hours. The balloon float shall be advertised in a newspaper of general circulation at least 14 days prior to its happening. Written notice of the balloon float shall also be given to the planning department and the planning board.

7.8.7 Special permit criteria. The following provisions shall be considered by the planning board prior to the issuance of any special permits for wireless telecommunications facilities or antennas:

The proposed work for the wireless telecommunications facility or antenna will minimize any significant removal, filling, excavation or alteration of land;

The proposed work for and maintenance of the wireless telecommunications facility or antenna will not have a significant adverse effect on any watershed, aquifer, or floodplain resource;

The applicant for a new wireless telecommunications facility or antenna has shown that existing or previously approved wireless telecommunications facilities and antennas cannot or will not accommodate the planned wireless telecommunications facility or antenna;

Existing on-site vegetation will be preserved to the maximum extent possible. If the proposed wireless telecommunications facility or antenna is in an existing wooded area, the existing vegetation and forestation shall remain undisturbed for at least 50 feet from the property line, with the exception of any clearance necessary to construct the access way;

Traffic associated with the proposed wireless telecommunications facility or antenna will not adversely affect abutting ways;

There will be no sign associated with the wireless telecommunications facility or antenna except to identify the owner/operator and to warn of a potential danger;

There will be no night lighting of the wireless telecommunications facility or antenna, except where required by the FAA;

The proposed wireless telecommunications facility or antenna will not be located within 500 feet on a horizontal plane to any residentially occupied structures, schools, daycare facilities, churches or playgrounds; however, should the applicant claim that the only suitable site is located within such 500 feet restricted area, the planning board may hire a consultant of their choosing, to be paid for by the applicant, pursuant to [M.G.L. c. 44 § 53(g)], to determine whether or not the applicant must locate in the restricted areas; should such consultant determine that the applicant cannot locate in areas other than the 500 foot restricted area, the applicant must locate in an area farthest from residentially occupied structures, schools, day care facilities, churches, or playgrounds as possible;

Siting of the proposed wireless telecommunications facility or antenna will be such that the view of the facility from adjacent abutters, residential properties, and other areas of the city shall be as limited as is practicable;

10.

The site will be suitably screened from abutters; and

11.

Access to site will be by a roadway that provides the minimum necessary safe access, meets all legal requirements, and that to the extent practicable respects the natural terrain.

12.

Each permit issued by the planning board and each license agreement for small wireless facilities shall be made upon the condition that the applicant agrees to the following conditions:

Indemnification. To the fullest extent allowed by law, both the wireless infrastructure provider and services provider (for this subsection, collectively referred to as "provider") constructing, installing, operating, repairing, maintaining and using a small wireless facility shall indemnify, defend and hold harmless the city, and its officials, agents, and employees from and against all suits, actions or claims of any character brought because of any injury or damage received or sustained by any person, persons or property arising out of, or resulting from, said provider's breach of any provision of law, or any asserted negligent act, error or omission of the provider, or its agents or employees, arising from or relating to its small wireless facility. The indemnifications required hereunder shall not be limited by reason of the specification of any particular insurance coverage for any permit. The provider's obligations under this provision shall not terminate with the expiration or termination of its permit, but shall survive it.

Interference with public safety communications.

Applicants for small wireless facilities shall certify through a qualified radio frequency (RF) engineer in their application that operation of the small wireless facilities, including under maximum licensed operating parameters, will not cause interference with the frequencies used by the city, commonwealth or any other public safety agency for public safety communications and shall further provide a list of radio frequencies the applicant will use at that location, which list shall be updated as needed. The applicant shall provide evidence of the certifying engineer's qualifications to make such certification.

ii.

Small wireless facilities shall be of the type and frequency that will not cause unacceptable interference with the city's and any other public safety agency's communications equipment; unacceptable interference will be determined by and measured by the city in accordance with industry standards and the FCC's regulations addressing unacceptable interference to public safety spectrum or any other spectrum licensed by the city or any other public safety agency. If a small wireless facility causes such interference, and the wireless services provider has been given written notice of the interference by the city or any other public safety agency, the owner or operator of such small wireless facility, at its own expense, shall take all reasonable steps necessary to correct and eliminate the interference, including, but not limited to, powering down the small wireless facility and later powering up the small wireless facility for intermittent testing, if necessary. The SPGA may terminate a permit for a small wireless facility based on such interference if the owner/operator is not making a good faith effort to remedy the problem in a manner consistent with the abatement and resolution procedures for interference with public safety spectrum established by the FCC including 47 CFR 22.970 through 47 CFR 22.973 and 47 CFR 90.672 through 47 CFR 90.675.

iii.

Any permit issued by the SPGA for a small wireless facility shall be subject to final testing for frequency and power output levels by the SPGA to determine whether the small wireless facility creates unacceptable interference to any public safety system. At the reasonable request of the SPGA, the small wireless facility provider shall engage the small wireless facility at maximum operating parameters for such period as required for the testing for interference. Such testing shall be at the expense of the applicant.

iv.

The owner/operator of a small wireless facility shall provide the city's fire department a 24 hours/seven days a week emergency contact list of not fewer than two persons responsible for the operation of the small wireless facility, including name, mobile/cellular phone and email address. The applicant shall update this list thereafter as necessary. If the contact list is not current, and no person can be reached during such circumstance, the city reserves the right to take whatever reasonable immediate action necessary to mitigate the emergency until such time as a responsible person for the small wireless facility is contacted. The city shall have no financial responsibility to the owner or operator of the small wireless facility or any service provider utilizing such small wireless facility arising from such actions.

7.8.8 Annual certification. Upon request, certification demonstrating continuing compliance with FCC 96-326 or its functional equivalent or subsequent modification thereof shall be filed with the building commissioner but not more frequently than once per year.

Duration of special permit. Special permits issued under this section expire within one year of issuance, unless the Holyoke Planning Board issues a certificate of renewal of the special permit. The certificate shall be issued after the equipment owner submits an affidavit which shall list, by location, all small wireless facilities it owns within the City of Holyoke and shall certify: 1) each such installation remains in use; 2) each such installation remains covered by insurance; and 3) each such installation remains unchanged in dimension and RF frequency from the year before. The applicant shall provide proof of insurance to cover any claims brought against the facility. The city shall be named as an additional insured party. Any small wireless facility that is abandoned shall be removed by the owner within 60 days of abandonment at the owner's expense.

The SPGA reserves the right to require, in its sole discretion, a supplemental review by independent experts for any application for a small wireless facility under this chapter where the complexity of the analysis requires technical expertise, and/or for any request to vary a standard under this chapter. All the costs of such review shall be borne by the applicant, in addition to scheduled fees, pursuant to the provisions of M.G.L. c. 44, § 53G, and Holyoke ordinances.

Whether based on the results of the supplemental review or the SPGA's own review, the SPGA may require changes to or supplementation of the applicant's submittal(s). The supplemental review may address any or all of the following:

The accuracy and completeness of the application and any accompanying documentation;

The applicability of analysis techniques and methodologies;

The validity of certifications provided and conclusions reached; and/or

Whether the proposed small wireless facility complies with the applicable approval criteria and standards of this chapter, and other applicable law.

7.8.9 Alterations to wireless telecommunications facilities. The removal and replacement of antennas and/or related equipment for upgrades or repairs which does not increase the number of antennas may be undertaken subject to any requirements of the building commissioner without the requirement of a special permit. Any material modification to a wireless telecommunication facility shall require an amendment to the original special permit.

7.8.10 Removal. Wireless telecommunications facilities and antennas shall be removed within six months of cessation of use as a wireless telecommunications facility or antenna. The applicant, upon obtaining a special permit for the purpose of erecting a wireless telecommunications facility or antenna, shall obtain a financial surety to cover the cost of removal of the wireless telecommunications facility or antenna and the remediation of the landscape, should the facility cease to operate. In the case of a telecommunication antenna being located either on a building or on an existing telecommunication tower with a certified performance bond, such surety may be waived at the discretion of the planning board. Such surety shall remain in effect throughout the life of the wireless telecommunications facility or antenna. The applicant shall provide proof of adequate surety to the city clerk on an annual basis. Failure to provide such shall be grounds for immediate revocation of the special permit. This surety requirement shall not apply to municipally or state owned wireless telecommunications facilities or antennas.

7.8.11 Fee. The above information shall be submitted to the city clerk, together with a non-refundable application fee of $500.00 for a new wireless telecommunication facility special permit, and $200.00 for an antenna special permit.

An applicant who places a small wireless facility on any city utility pole or any other structure within a right-of-way or upon any city property in accordance with this chapter shall execute a license agreement with the city and pay to the city an annual recurring rate of $270.00 per year per facility, which may be changed from time to time as set by state or federal law, or any such higher rate permitted under FCC rules or federal law and as set forth in the license agreement, for the use of such utility pole or structure. This paragraph shall not apply to city utility poles that are under the control of HG&E and are subject to fees pursuant to HG&E's requirements.

(Ord. of 2-1-11 [104th amd.], § 1; Ord. of 9-1-15 [128th amd.], § 1; Ord. of 9-18-24 [176th amd.], § 1)

Editor's note— Ord. of Feb. 1, 2011 [104th amd.], § 1, deleted the former § 7-8, and enacted a new § 7-8 as set out herein. The former § 7-8 pertained to wireless communication facilities and antennas and derived from Ord. of 2-19-02 [45th amd.], § 7.0; Ord. of 3-18-03 [51st amd.], § 1.

7-9. - Solar facilities.

7.9.1 Purpose. The purpose of this section is to establish general guidelines for the siting of solar photovoltaic facilities, hereinafter referred to as solar facilities. The goals of this section are to:

Promote the health, safety and general welfare of the community by allowing the generation of sustainable energy by solar facilities in order to reduce air pollution and greenhouse gases, protect environmental resources, and foster sustainable economic development.

Provide standards for the placement, design, construction, operation, monitoring, modification and removal of solar facilities. Such siting standards shall address public safety, minimize impacts on natural resources, and provide adequate financial assurance for the eventual decommissioning of such facilities.

Not prohibit or unreasonably regulate the installation of solar energy systems or the building of structures that facilitate the collection of solar energy per M.G.L. c. 40A, § 3, except where necessary to protect the public health, safety or welfare.

7.9.2 Applicability. This section applies to all solar facilities proposed to be constructed after the effective date of this section. This section also pertains to physical modifications that materially alter the type, configuration, or size of these installations or related equipment. This section does not apply to minor modifications or maintenance of a solar facility.

Solar facilities shall be allowed with a Special Permit of the City Council on parcels of land within the RA, R1, R1A, R2, RM-LD, RM-20, RM-40, RM-60, RO and DR zones. Solar facilities shall be allowed as-of-right in all other zones in accordance with the provisions of this Section.

7.9.3 Definitions.

As-of-right: As-of-right shall mean that development may proceed without the need for a special permit, variance, amendment, waiver, or other discretionary approval. In permitted zones, as-of-right development will be subject to site plan review for solar photovoltaic arrays having a kilowatt direct current (kW-DC) rated nameplate capacity of greater than 250 or more to determine conformance with Holyoke's Zoning Ordinance. Projects cannot be prohibited, but can be reasonably regulated.

Ground mounted solar facility: A solar facility that is structurally mounted on the ground.

Large scale ground mounted solar facility: A solar facility that is structurally mounted on the ground and has a minimum nameplate capacity of 10 kW-DC or greater.

Project site: A parcel or combination of parcels, which the solar facility operator has control of, on which the solar facility is or will be located.

Rated nameplate capacity: The maximum rated output of electric power production equipment in direct current (DC). This output is typically specified by the manufacturer with a "nameplate" on the equipment.

Roof mounted solar facility: A solar facility that is structurally mounted on the roof of a building, residence, parking garage, or any other structure.

Site plan review: review by the planning board to determine conformance with subsection 7.9.6 of this section of Holyoke's Zoning Ordinances.

Small scale ground mounted solar facility: A solar facility that is structurally mounted on the ground and has a maximum nameplate capacity of less than 10 kW-DC.

Special permit: the permit issued by the City Council to allow the use of land for a solar facility in accordance with the provisions of M.G.L. ch. 40A.

Solar facility: A facility comprised of one or more solar panels, as well as all access roads and appurtenant structures.

7.9.4 General requirements.

Large scale ground mounted solar facilities: Large scale ground mounted solar facilities shall be allowed with a special permit of the City Council and site plan review approval by the planning board on parcels of land within the RA, R1, R1A, R2, RM-LD, RM-20, RM-40, RM-60, RO and DR zones, and allowed as-of-right in all other zones with site plan review from the planning board pursuant to this section, subject to the following conditions:

Site plan review. No large scale ground mounted solar facility shall be constructed, installed or modified as provided in this section without first obtaining a special permit of the City Council and/or site plan review approval by the Holyoke Planning Board in compliance with subsections 7.9.5 and 7.9.6 of this section.

Monitoring and maintenance. The solar facility shall comply with subsection 7.9.8 of this section.

Site control. The applicant shall submit with its application for a special permit and/or site plan review, documentation of actual or prospective control of the project site sufficient to allow for installation and use of the proposed facility. Notice of change of ownership shall be given to the city council and/or planning board in compliance with subsection 7.9.9 of this section.

Financial surety. The applicant shall provide a financial surety if so required by the city council and/or planning board as determined in compliance with subsection 7.9.10 of this section.

The financial surety provided by the applicant shall include a surety in the amount of the estimated cost of the landscaping improvements, which surety may be used by the City in the event the landscaping is not completed as approved.

Compliance with laws, ordinances and regulations. The construction and operation of all large scale ground mounted solar facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical and communications requirements.

Proof of liability insurance. The applicant shall be required to provide evidence of liability insurance in an amount sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility.

Small scale ground mounted solar facilities. Small scale ground mounted solar facilities shall be allowed with a special permit of the city Council on parcels of land within the RA, R1, R1A, R2, RM-LD, RM-20, RM-40, RM-60, RO and DR zones , and as-of-right with a building permit in all zones provided that they meet the following conditions:

Compliance with laws, ordinances and regulations. The construction and operation of all small scale ground mounted solar facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical and communications requirements.

Proof of liability insurance. The applicant shall be required to provide evidence of liability insurance to the building commissioner in an amount sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility.

Design standards. The solar facility shall comply with subsection 7.9.6.2 design standards and subsection 7.9.6.3 environmental standards where applicable.

Monitoring and maintenance. The solar facility shall comply with subsection 7.9.8 of this section.

Landscaping surety. The applicant shall provide a financial surety in the amount of the estimated cost of the landscaping improvements, which surety may be used by the City in the event the landscaping is not completed as approved.

Roof mounted solar facilities. Roof mounted solar facilities shall be allowed as-of-right with a building permit in all zones provided that they meet the following conditions:

Compliance with laws, ordinances and regulations. The construction and operation of all roof mounted solar facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical and communications requirements.

Structural engineering report. A structural engineering report may be required by the building commissioner illustrating the structural integrity of the structure and its ability to support the proposed roof mounted solar facility.

Monitoring and maintenance. The solar facility shall comply with subsection 7.9.8 of this section.

7.9.5 Special Permit.

Submittal requirements. The project proponent is required to provide to the Holyoke City Council with the following;

Two (2) original applications;

Required Fee and publication costs of the public hearing notice; and

A plot plan acceptable to the City Council showing the location of the lot, the lot dimensions, vegetative buffering, and location and size of the proposed ground mounted solar facility

Special Permit Criteria:A special permit may be granted where the City Council finds that the benefit to the city and the neighborhood outweigh the adverse effects of the proposed use, taking into account the characteristics of the site and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this ordinance, the determination shall include consideration of each of the following:

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

Traffic flow and safety, including parking and loading;

Adequacy of utilities and other public services;

Neighborhood character and social structures;

Impacts on the natural environment;

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

To provide and maintain adequate screening via improved landscaping.

7.9.6 Site plan review.

Submittal requirements. The project proponent is required to provide the Holyoke Planning Board with the following:

Application. Two original application forms and a designer's certificate.

Fee. Required fee.

Siting and design. Eight full copies of a site plan. The plan shall be on 24" x 36" sheets at a scale of 1"=40' or 1"=200', as appropriate, on as many sheets as necessary. Site plans shall be prepared by a Massachusetts licensed professional engineer and/or a registered land surveyor, as applicable. The site plan shall include the following:

Location map. Copy of the most recent USGS quadrangle map, at a scale of 1:25,000, showing the proposed facility site and the area within at least two miles from the facility.

Site plan. A one inch equals 200 feet plan of the proposed solar facility site, with contour intervals of no more than ten feet, showing the following:

Property lines and physical dimensions of the project site and adjacent parcels within 100 feet of the project site;

Location of permanent structures or buildings on the project site and on adjacent parcels of the project site;

Location and details of all security measures for the site; and

Location of all existing and proposed roads, both public and private, on the project site.

Project plan. A plan indicating all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures shall include the following:

Proposed changes to the landscape of the site, grading, vegetation to be removed or altered, amenities such as lighting or fencing, screening vegetation or structures, and wetlands delineation. Lighting shall be designed to minimize glare on abutting properties and be directed downward with full cutoff fixtures to reduce light pollution;

Location of the ground mounted solar facility, type of mounting devices, access roads, lighting, ground equipment, fencing, electrical infrastructure, and associated equipment;

Plans for accessory buildings or other structures, and location and details of all planned security measures;

Layout and details of surfacing for access roads and parking including temporary roads and staging areas; and

Any existing overhead utility lines.

Operation and maintenance plan. The applicant shall submit a plan for the general maintenance of access roads and stormwater controls, as well as general procedures for operational maintenance of the ground mounted solar facility.

Schematics.

Schematic or blueprints of the ground mounted solar facility signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed structures and any shading from nearby structures;

Schematic or outline electrical diagram showing proposed solar panels, associated components and electrical interconnection methods, all with National Electrical Code compliant disconnects and overcurrent devices;

Description of the major system components to be used including the photovoltaic panels, mounting system and inverter.

Compliance documents. The applicant will provide the following with the application:

A description of financial surety that satisfies subsection 7.9.10.3 of this section;

Proof of liability insurance that satisfies subsection 7.9.4 of this section;

Name, address, and contact information for:

Proposed system installer,

ii.

The landowner,

ii.

The project proponent, as well as all co-proponents; and

iv.

Any agents representing the applicant.

Evidence of utility notification that satisfies subsection 7.9.8.2 of this section.

Notification.

List of property owners and their addresses for all parcels of land within 300 feet of the project site, to be obtained from the most recent property list from the Holyoke Assessor's Office;

Provide stamped A10 sized envelopes representing twice the number of abutters listed above to be used by the planning board to mail notice of the site plan review hearing and notice of decision.

The applicant shall be responsible for the cost of publication of the public hearing notice.

Waiver of documents. The planning board reserves the right to waive documentary requirements as it deems appropriate.

Design standards.

Screening. A ground mounted solar facility shall be screened, to the extent possible, from abutting properties.

(a)

General. Screening shall consist of landscaping, fence, grassed earthen berm, or some combination of these screening devices. If utilizing a natural buffer, it shall be maintained above the highest level of the solar panels. When a screen consists of plant materials, said materials shall provide screening at the time of planting and be of a type that will be expected to form a year-round, dense screen.

(b)

Abutting residential uses. When such facility is directly abutting existing residential uses, such screening shall consist of:

(1)

Project site of less than two acres: Screening as determined to be adequate in the form of either vegetation or fencing.

(2)

Project site of between two and five acres: A minimum of 50 feet of vegetation buffer with 25 feet being undisturbed closest to the residential property, and the other 25 feet being allowed to be selectively cleared.

(3)

Project site of greater than five acres: A minimum of 100 feet of vegetation buffer with 50 feet being undisturbed closest to the residential property, and the other 50 feet being allowed to be selectively cleared.

(4)

Permit for screening reduction: An applicant may request permission to reduce such buffer requirements in such instances it is determined to not have a detrimental effect to the abutters and in such instances where the buffer will have a detrimental effect on the ability to generate power.

(c)

Abutting nonresidential uses including public accepted streets. Screening as determined to be adequate in the form of either vegetation or fencing.

Lighting. Lighting of solar facilities shall be consistent with local, state and federal law and shall further be directed downward and shall incorporate full cut-off fixtures to reduce light pollution. Lighting of other parts of the installation, such as appurtenant structures shall be limited to that required for safety and operational purposes and shall be shielded from abutting properties.

Signage. Signs on the solar facility shall comply with the requirements of the city's sign regulations, and shall be limited to:

(1)

Those necessary to identify the owner, provide a 24-hour emergency contact phone number, and warn of any danger.

(2)

Educational signs providing information about the facility and the benefits of renewable energy.

(3)

Solar panels shall not be used for displaying any advertising signage, except for any labeling or identification by the manufacturer and/or operator of the solar facility.

Utility connections. Reasonable efforts should be made to locate utility connections for ground mounted solar facilities underground, depending on appropriate soil conditions, shape and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground, if required by the utility provider. All solar facility installations shall conform to the requirements of the interconnection agreement and/or such further requirements as may be promulgated from time to time, as appropriate and as approved by the connecting utility.

Appurtenant structures. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, transformers and substations, shall be architecturally compatible with each other. Structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts. Appurtenance structures shall meet the regulations for accessory structures as found in section 4.4 of the zoning ordinance.

Emergency services. The applicant shall provide a copy of the project summary and site plan to the local emergency planning committee (LEPC). The applicant shall cooperate with the LEPC in developing an emergency response plan. All means of disconnecting the solar facility shall be clearly marked. The applicant or facility owner shall identify a responsible person for public inquiries or complaints throughout the life of the project.

Unauthorized access. All solar facilities shall be designed to prevent unauthorized access in compliance with any and all federal, state and local regulations. Electrical equipment shall be locked where possible. Video surveillance cameras shall be oriented in such a fashion so as to minimize capturing activity outside the solar facility.

Environmental standards.

Land clearing. Clearing of natural vegetation shall be limited to what is necessary for the construction, access to, operation and maintenance of the ground mounted solar facility or otherwise prescribed by applicable laws, regulations and ordinances.

Rare and endangered species. The applicant shall provide evidence of compliance with the Massachusetts Endangered Species Act and requirements of the Commonwealth of [Massachusetts] Natural Heritage and Endangered Species Program.

Wetlands. The applicant shall provide evidence of compliance with the Massachusetts Wetlands Protection Act, the Massachusetts Rivers Protection Act and the City of Holyoke Wetlands Protection Ordinance.

Stormwater. The applicant shall demonstrate compliance with all local, state and federal stormwater management laws and regulations.

Water resource protection overlay district (WRPOD). If a large scale ground mounted solar facility is located within the WRPOD I or II as illustrated on the Holyoke Zoning Map, the applicant must present the project to the Barnes Aquifer Protection Advisory Committee.

7.9.7 Action by the planning board. Site plan review shall be conducted in accordance with the notice, hearing and filing procedures set forth in M.G.L. c. 40A for special permits, except as otherwise set forth in this section 7-9. After determining if the site plan is in conformance with the requirements of this ordinance, and after considering the criteria set forth in this section 7-9, the planning board may approve, approve with modifications, or disapprove the site plan application or grant leave to withdraw. Approval may be subject to any conditions, modifications and/or restrictions as the planning board may deem necessary. Leave to withdraw or disapproval by the planning board must be supported by written findings.

7.9.8 Monitoring and maintenance.

Facility conditions. The applicant shall maintain the solar facility in good condition. Maintenance shall include but not be limited to vegetation upkeep, structural repairs and the integrity of security measures. Site access shall be maintained to a level acceptable to the local fire chief, local emergency planning committee and emergency medical services. The project owner shall be responsible for the cost of maintaining the solar facility and any access road, unless accepted as a public way, and the cost of repairing any damage as a result of operation and construction. The project owner shall also be responsible for ensuring that the solar facility does not at anytime lower the quality of service supplied to nearby customers or cause safety problems to the interconnected electrical grid.

Utility notification. Before installation of the solar facility, the applicant shall inform the utility company that operates the electrical grid where the facility is to be located of its intent to install an interconnected generator and shall satisfy all interconnection agreements.

Modifications. All material modifications to a large scale ground mounted solar facility, other than regular maintenance, made after issuance of the site plan review approval shall require approval by the planning board as provided in this section.

7.9.9 Change in ownership. If the owner and/or operator of a large scale ground mounted solar facility changes, notice shall be given to the planning board with the contact information of the new owner/operator within one month of the change in ownership and/or operations.

7.9.10 Abandonment or decommissioning.

Removal requirements. Any large scale ground mounted solar facility which has reached the end of its useful life or has been abandoned consistent with subsection 7.9.10.2 of this section shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the planning board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

Physical removal of all solar panels, structures, equipment, security barriers and electrical lines from the site.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

Stabilization or re-vegetation of the site as necessary to minimize erosion. The planning board may allow the owner or operator to leave landscaping, designated below-grade foundations or service roads in order to minimize erosion and disruption to vegetation.

Abandonment. Absent notice of a proposed date of decommissioning, the large scale ground mounted solar facility shall be considered abandoned when the facility fails to operate for more than one year without written consent of the planning board. The planning board shall determine in its decision what proportion of the facility is inoperable for the facility to be considered abandoned. If the applicant fails to remove the large scale ground mounted solar facility in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the city shall have the authority to enter the property and physically remove the facility.

Financial surety. The planning board shall require the applicant for a large scale ground mounted solar facility to provide a form of surety, either through escrow account, bond or otherwise, to cover the estimated cost of removal in the event that the city must remove the facility, of an amount and form determined to be reasonable by the planning board, but in no event to exceed more than 125 percent of the estimated cost of removal and compliance with the additional requirements set fourth herein, as reasonably determined by the applicant. Such surety will not be required for municipally or state owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for a cost of living adjustment.

(Ord. of 4-19-11 [105th amd.], § 1; Ord. of 5-3-16 [130th amd.], § 1)

7-10. - Marijuana facilities.

7.10.1 Purpose. It is recognized that the nature of the substance cultivated, processed, tested and/or sold by marijuana establishments have operational characteristics that require they be sited in such a way as to ensure the health, safety, and general well-being of the public. The imposition of reasonable safeguards and regulation of the time, place and manner of marijuana establishments is necessary to advance these purposes.

Subject to the provisions of this Zoning Ordinance, Massachusetts General Laws Chapters 40A, 94G, and 941, and the rules and regulations of the Cannabis Control Commission, marijuana establishments will be permitted to do business within the City of Holyoke that meet state regulations as established by the Cannabis Control Commission.

Nothing in this section shall be interpreted as regulating the growing, processing or fabrication of products that are not regulated as a controlled substance by the Massachusetts Cannabis Control Commission. Nothing in this section shall be interpreted as regulating businesses that do not bring cannabis or products containing delta-9-tetrahydrocannabinol onto their site.

7.10.2 Marijuana establishments—Definitions. The following will be defined subcategories of marijuana establishments:

Marijuana courier: An entity licensed to deliver finished marijuana products, marijuana accessories and branded goods directly to consumers from a licensed marijuana retailer. It cannot wholesale, warehouse, process, repackage or white label these products.

Marijuana delivery operator: An entity licensed to purchase at wholesale and warehouse finished marijuana products acquired from a licensed marijuana cultivator, marijuana product manufacturer, microbusiness or craft marijuana cooperative, and white label, sell and deliver finished marijuana products, marijuana accessories and marijuana branded goods directly to consumers but is not authorized to repackage marijuana or marijuana products or operate a storefront under this permit.

Marijuana establishments (ME): A use operated by an entity duly licensed by the Cannabis Control Commission in accordance with state law, that is authorized to engage in the licensed cannabis industry pursuant to a provisional or final license issued by the Cannabis Control Commission. Marijuana Establishments include a Marijuana Manufacturing Establishment (MME), Medical Marijuana Dispensary (MMD), Recreational Marijuana Retail Establishment (RMRE), and Marijuana Testing Facility (MTF).

Marijuana manufacturing establishment (MME): A use operated by an entity duly licensed as a Marijuana Cultivator (Indoor or Outdoor), Craft Marijuana Cooperative, Marijuana Microbusiness, Medical Marijuana Treatment Center and/or Marijuana Product Manufacturer by the Cannabis Control Commission in accordance with M.G.L c.94G, and pursuant to all other applicable state laws and regulations, that cultivates, possesses, processes (including development of related products such as, but not limited to, food, tinctures, aerosols, oils, or ointments), transfers or transports marijuana or products containing marijuana.

The cultivation and processing of marijuana in accordance with this definition is considered to be a manufacturing use and is not agriculturally exempt from zoning.

Medical marijuana dispensary (MMD): A use operated by an entity duly licensed as a Medical Marijuana Treatment Center by the Cannabis Control Commission in accordance with M.G.L. c. 941, and pursuant to all other applicable state laws and regulations, also to be known as a medical marijuana treatment center, that that sells, distributes, dispenses, delivers, or administers marijuana, products containing marijuana, or related supplies specifically for medical purposes.

Recreational marijuana retail establishment (RMRE): A use operated by an entity duly licensed by the Cannabis Control Commission in accordance with M.G.L. c. 94G, and pursuant to all other applicable state laws and regulations, that sells, distributes, dispenses, delivers, administers or allows for the on-site consumption of marijuana, products containing marijuana, or related supplies for retail sales for non-medical purposes.

Marijuana testing facility (MTF): An entity duly licensed by the Cannabis Control Commission in accordance with M.G.L. c. 94G, and pursuant to all other applicable state laws and regulations, that tests marijuana and marijuana products, including certification for potency and the presence of contaminants. An MTF includes Independent Testing Laboratories and Standards Laboratories.

7.10.3 Applicability. This section applies to all marijuana establishments, which include: Marijuana manufacturing establishments (MME), medical marijuana dispensaries (MMD), recreational marijuana retail establishments (RMRE) and marijuana testing facilities (MTF) and any other Marijuana Establishment (ME) otherwise subject to the provisions of Section 1.2 of the Zoning Ordinance.

7.10.4 Permitted districts.

IG Zones: any and all types of marijuana establishments may be allowed in the IG zones by special permit of the city council.

7.10.5 Operational requirements.

Use:

Marijuana establishments may only use their designated square footage for the purposes of operating such an establishment, as encompassed in this section.

No marijuana shall be smoked, eaten or otherwise consumed or ingested within the premises.

Public facing operations may not occur within the hours of 11:00 p.m. to 8:00 a.m. For the purposes of this provision, public facing operations shall mean all public access, sales, and servicing to and from the facility, including deliveries.

MME may operate for 24 hours.

Physical requirements:

All aspects of marijuana establishment must take place at a fixed location within a fully enclosed building.

No outside storage is permitted.

No MMD or RMRE shall have a gross floor area in excess of 5,000 square feet.

Ventilation — all marijuana establishments shall be ventilated in such a manner that no:

Pesticides, insecticides or other chemicals or products used in the cultivation or processing are dispersed into the outside atmosphere.

ii.

No odor from marijuana cultivation, processing or consumption can be detected by a person with an unimpaired and otherwise normal sense of smell at any adjoining use or adjoining property to the marijuana establishment.

All signage shall comply with 935 CMR500.105(4), Cannabis Control Commission regulations and Section 6.4 "Signs."

Location:

A MME shall not be located in buildings that contain any residential units, including transient housing such as hotels, motels and dormitories.

Any RMRE shall not be located within 500 feet of any pre-existing public or private school providing education in pre-kindergarten, kindergarten, or any grades 1 through 12. Any other ME shall not be located within 200 feet of any pre-existing public or private school providing education in pre-kindergarten, kindergarten, or any grades 1 through 12.

For purposes of this section, measurements between a ME and a school shall be done in a straight line from the geometric center of the ME public entrance to the geometric center of the nearest school entrance, unless there is an impassable barrier within those 500/200 feet, in which case it shall be measured by the shortest publicly accessible pedestrian travel path from the geometric center of the ME entrance to the geometric center of the nearest school entrance.

Issuance/transfer/discontinuance of use:

A special permit shall be valid only for the registered entity to which the approval was issued and only for the site on which the marijuana establishment has been authorized.

A special permit shall be non-transferable and shall have a term limited to the applicant's ownership or control of the premises as a marijuana establishment.

Permitted marijuana establishments shall file an annual report to the city clerk's office no later than January 31st, providing a copy of all current applicable State licenses for the establishment and/or its owners and demonstrating continued compliance with the conditions of the special permit.

A special permit shall lapse if the applicant ceases operation for a period of 180 days of the marijuana establishment and/or if the applicants' registration by department of public health or licensure by the Cannabis Control Commission has been revoked, expires, is terminated, is transferred to another controlling entity or is relocated to a new site.

The applicant shall notify the Zoning Enforcement Officer and city clerk in writing within 48 hours of such lapse, cessation, discontinuance, or expiration.

A marijuana establishment shall be required to remove all material, plants, equipment and other paraphernalia upon registration or licensure revocation, expiration, termination, transfer to another controlling entity or relocation to a new site and any other cessation of operation as regulated by the department of public health or the Cannabis Control Commission. Such removal will be in compliance with 105 CMR 725.105 (J), (O) and regulations from the CCC.

7.10.6 Application procedure and requirements.

Pre-application meeting. An applicant for a Marijuana facility must attend a pre-application meeting set up in cooperation with the Planning Department. The applicant shall provide adequate information to describe the nature, scope and site of the proposed development, a brief narrative and basic layout plan.

Special Permit Application requirements: An application for a city council special permit shall include the following:

Two original application forms and a designer's certificate.

Ten full sets of the plans drawn to scale at a plan size no larger than 24" x 36" (reviewing Departments), and five copies of reduced size plans (Ordinance Committee), preferably 11" X 17". Plans shall be prepared by a registered surveyor, engineer or architect and shall include the names and addresses of the record owner(s) and design professional(s) and include their signatures and seals.

A digital (pdf) file of the plans and all other required submittal materials shall be submitted at the time of submission.

Narrative Contents (a-k): A description of all activities to occur on site, including but not limited to the following, as applicable: (1) cultivating and processing of marijuana and marijuana infused products (MIPs), (2) on-site sales, (3) delivery of marijuana and related products to off-site facilities, (4) off-site direct delivery to patients, (5) distribution of educational materials, and other programs or activities. A separate narrative shall be provided for each activity and labeled as such.

The name and address of each owner of the marijuana establishment.

Copies of all required registrations, licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the establishment.

Evidence that the applicant has site control and right to use the site for a marijuana establishment in the form of a deed or valid purchase and sales agreement or, in the case of a lease a notarized statement from the property owner and a copy of the lease agreement.

A notarized statement signed by the marijuana establishment organization's chief executive officer and corporate attorney disclosing all of its designated owners, including officers, directors, partners, managers, or other similarly situated individuals and entities and their addresses. If any of the above are entities rather than persons, the applicant must disclose the identity of all such responsible individual persons.

A description of all activities to occur on site, including but not limited to: cultivating and processing of marijuana and marijuana infused products (MIPs), on-site sales, delivery of marijuana and related products to off-site facilities, off-site direct delivery, distribution of educational materials, and other programs or activities.

A written notice from the chief of police shall be submitted to the city clerk stating that an acceptable security plan has been reviewed and approved. The security plan shall include the location and details of all security measures for the site, including but not limited to lighting, fencing, gates, waste disposal, alarms and similar measures ensuring the safety of employees and patrons and to protect the premises from theft or other criminal activity. This plan is submitted to the chief of police only and is not submitted as part of the application.

A Development Impact Statement containing all the information required under Section 10.1.6(1) of the Zoning Ordinance (a-i).

A Traffic Impact Statement containing all of the information required under Section 10.1.6(2) of the Zoning Ordinance (a-i).

A special permit fee in the amount of $500.00 made out to the City of Holyoke.

The cost of publication for any and all required public notices shall be borne by the applicant.

Marijuana Establishment Site Plan Application Requirements: An application for Marijuana Establishment Site Plan Review application shall include the information set forth in section 7.10.6.2 above. In addition, it shall include a site plan prepared by a Massachusetts registered architect, landscape architect, professional engineer or other appropriate design professional. The site plan shall include the following components and information:

Locus plan. A locus plan showing the entire proposed development and its relation to existing areas, buildings and roads for a distance of 300 feet from the boundaries of the proposed development or such other distance as may be approved or required by the city council. The plan shall also show all contiguous land owned by the applicant or by the owner of the property which is the subject of the application.

Survey plan. A current survey plan of the entire parcel signed and sealed by a registered surveyor; historic surveys older than ten years, or those that there are known metes and bound alterations or discrepancies, will not be accepted.

Improvements plan. A plan depicting all existing and proposed buildings, driveways or roads, parking areas, service areas, sally ports, refuse collection areas, sidewalks, paths, landscaping, and etc.

Photometric Plan (aka photometric analysis, photometric lighting study). A survey of the site illustrating the proposed lighting solution by light level (foot candles, fc) for any new lighting to be installed at the proposed facility, including associated pole and fixture details.

Building plan. A detailed floor plan showing square footages (sf) for each use/room within the marijuana establishment.

Elevation plan. Building elevation plans showing all elevations of all proposed buildings and structures and indicating the type and color of materials to be used on all facades including the dimensions of the building. Window treatments shall be included. Each elevation shall be labeled with its corresponding compass direction. The plan shall also include the location, dimension, height and characteristics of proposed signs. Images of elevations may be substituted where there are no proposed alterations.

Details. Detail sheets including, but not limited to, pavement markings, lighting fixtures, fencing, dumpster enclosures, sally port(s), signage (temporary and permanent), and any site improvements included in plans a—f above.

A Revision List will be required for all revisions to plans and/or narratives.

Review procedures:

Special permit. Upon receipt of a complete application, the city clerk shall forward a copy for review and comment to building department, fire department, police department, engineering department, water department, board of health, planning board; and the stormwater authority and conservation commission if applicable. The departments shall review the application and provide comments back to the city council within 21 calendar days. City council shall, if needed, confer with the appropriate committee for review and comment. Should the applicant provide revised plans and revision list to the city clerk on a day between their original complete submission day, and the day of their first public hearing, the 21-day review period will restart from that date.

Marijuana facility site plan review. Upon receipt of a complete application, the planning department staff and board will review the application under the procedures set forth in the marijuana ordinance of the Holyoke zoning ordinance, the regulations of the Massachusetts Cannabis Control Commission and relevant provisions of M.G.L. c. 40A without a major site plan review required unless specifically requested by the council.

Odor and emissions. All special permits granted under these provisions shall include an obligation by the permit holder to use their best efforts in the control and abatement of all odors and emission caused as a result from any cannabis manufacturing or cultivation process. Enforcement of this provision shall be the responsibility of the board of health and may include recommendations to the council including up to the suspension or termination of the special permit.

New construction: In cases of new construction, in addition to the requirements of this section, see Section 10.0 Major Site Plan Review of the Holyoke Zoning Ordinance. The applicant may need to file with the Stormwater Authority, a stormwater management permit application, per the stormwater regulations.

7.10.7 Findings.

In addition to the standard findings for a special permit under Section 9.3.2, the city council must also find all the following:

That the marijuana establishment is designed to minimize any adverse impacts on abutters and other parties in interest.

That the marijuana establishment demonstrates that it will meet all the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will be in compliance with all applicable State laws and regulations.

That the applicant has satisfied all of the conditions and requirements of this section and other applicable sections of this appendix.

That the marijuana facility project meets a demonstrated need of the community.

That the marijuana establishment provides adequate security measures to ensure that no individual participant will pose a direct threat to the health or safety of other individuals, and that the storage and/or location of marijuana product is adequately secured.

That the marijuana establishment adequately addresses issues of traffic demand, circulation flow, parking and queuing, particularly at peak periods at the establishment, and its impact on neighboring uses.

7.10.8 Enforcement. Any violation of this section shall be enforced in accordance with section 9.1 of the Zoning Ordinance.

(Ord. of 8-5-14 [122nd amd.], § 1; Ord. of 12-5-17 [135th amd.], § 1; Ord. of 6-25-19 [149th amd.], § 1; Ord. of 5-18-21 [156th amd.], § 1; Ord. of 9-1-22 [168th amd], §§ 1, 2; Ord. of 4-19-22 [163rd amd.], § 1)

Editor's note— The 135th amendment to Appendix A, adopted December 5, 2017 repealed § 7-10, which pertained to Medical Marijuana Facilities, and reenacted a new § 7-10. Historical notation has been retained for reference.

Holyoke City Zoning Code

SECTION 7

- SPECIAL REGULATIONS

7-1. - Regulations for specific uses available as of right.

7.1.1 Hospital, nursing home.

No building for such use shall be located within 50 feet of any R1 or R-1A district.

The dimensional requirements in the following table shall apply in the districts indicated:

DISTRICT	RA	R-2	RM20 and RM40
Minimum lot size	20,000 sq. ft. plus 1,000 sq. ft. for each bed over 10	15,000 sq. ft. plus 1,000 sq. ft. for each bed over 15	10,000 sq. ft. plus 500 sq. ft. for each bed over 20
Minimum setback from all lot lines	50 ft.	35 ft.	20 ft.