North Adams City Zoning Code
SECTION 10
SPECIAL REGULATIONS.
[Ord. of 1-12-2016; Ord. of 3-27-2018; Ord. of 6-12-2018; Ord. of 10-22-2019; Ord. of 2-28-2023; 6-10-2025]
10.1.
Flexible residential development (FRD):
10.1.1.
Purpose: In order to provide for the public interest by the preservation of open space in perpetuity, to promote variations in residential housing development patterns which allow for development more harmonious with natural features and City growth policies than traditional residential development, to promote the maximum possible protection of open space, visual quality and aquifer and other natural resource protection and to encourage the efficient provision of necessary utilities and community services, the following regulations are established for flexible residential development (FRD) within the City. In making any and all determinations under this ordinance the Planning Board shall always compare the impact of a FRD with potential conventional development, and may approve a FRD only if the proposal is equal or superior to a conventional development.
10.1.2.
Applicability: FRD shall be allowed within rural and residential districts only, subject to the requirements of this ordinance for such district, and in accordance with the additional requirements specified herein.
10.1.3.
General requirements:
(1)
Any parcel of land located within a rural and residential district containing land area at least five times the minimum lot area requirement may be considered for an FRD subject to a special permit issued by the Planning Board.
(2)
After an FRD application has been submitted, no utility installations, no ditching, no grading of land or lots, no excavation except for purposes of soil testing, no dredging or filling and no construction of buildings or structures shall be done on any part of the development site until the application has been reviewed and approved as provided by these regulations.
(3)
No FRD shall be approved within an established single-family residential neighborhood if the Planning Board determines that such land use would have a detrimental effect upon the surrounding property.
(4)
It shall be the responsibility of an applicant for an FRD special permit to demonstrate to the Planning Board that this form of land development will be as or more appropriate than conventional patterns of residential subdivision development for the particular site being considered. The conventional subdivision pattern and the FRD shall each be evidenced by the submission of a preliminary sketch plan showing the total number of lots which can be created and the road layout.
(5)
All dwellings to be built on the site shall be located at least 100 feet from any public ways in existence at the time of submission of the FRD proposal to the Planning Board.
10.1.4.
Permitted uses:
(1)
Detached one- or two-family dwellings, including any accessory uses, as permitted in the Zoning Ordinance for the district in which the land lies.
(2)
Uses permitted within the common open space as described in these regulations.
10.1.5.
Minimum requirements:
(1)
Reduction of dimensional requirements: The Planning Board may grant a reduction in the dimensional requirements of the zoning regulations listed in Section 4.2 of these ordinances for all residential lots in a FRD, if the Planning Board finds that such reduction will result in better design and improved protection of natural and scenic resources and will otherwise comply with these regulations, provided that the percentage of the reduction allowed under this ordinance shall not be greater than 1.5 times the percentage of the total FRD which is to be set aside for common open space. (If 30% of the land area is to be set aside for common open space, the Planning Board may grant up to a forty-five-percent reduction in the minimum lot size and lot frontage requirements.) In no instance shall any dimensional requirement be reduced to a figure less than the minimum requirement noted in the table below.
Table of Minimum Requirements | ||
|---|---|---|
Minimum lot area* | 10,000 square feet | |
Minimum lot frontage | 50 feet | |
Minimum lot width | 50 feet | |
Minimum front yard | 20 feet | |
Minimum side yard | 10 feet | |
Minimum rear yard | 15 feet | |
Minimum lot area | 3,600 square feet per dwelling unit | |
Maximum building coverage | 35% | |
Maximum building height | Same as requirement for zoning district | |
* | Exclusive of land within wetlands. |
(2)
Development standards: Prior to the issuance a special permit for an FRD the Planning Board shall find, and the applicant shall submit the information necessary to demonstrate, that the following standards have been met:
(a)
The development will not cause unreasonable traffic congestion or unsafe conditions both within and outside of the development and will comply with City standards for parking, access, road design and construction.
(b)
The development will provide for and maintain convenient and safe emergency vehicle access to all buildings and structures at all times.
(c)
The nature of the soils and subsoils shall be suited for the intended purposes. This determination shall focus upon, but shall not be limited to, the locations, design and construction of roadways, buildings, septic systems and surface water drainage systems. Soil borings or test pits may be made to provide information on soil texture, color, percolation rates and depth to the ground water table at its maximum elevation.
(d)
Anticipated stormwater runoff from the site shall not exceed peak runoff from the site prior to development. The applicant shall submit formal drainage calculations by a registered professional engineer for this purpose.
(e)
Proper soil erosion and sedimentation control measures shall be employed to minimize sedimentation and siltation of existing surface water bodies and wetlands. In areas where the land slopes downward towards any surface water body or freshwater wetlands, proposed filing, cutting, clearing or grading shall be minimized and all such development activities shall be carried out in such a way as to retain the natural vegetation and topography wherever possible. The Planning Board may require that an erosion and sedimentation control plan be submitted if significant erosion is anticipated in slope areas.
(f)
The site design shall preserve and, where possible, enhance the natural features of the property, including scenic views, by adapting the location and placement of structures and ways to the existing topography in order to minimize the amount of soil removal, tree cutting and general disturbance of the landscape and surrounding properties.
(g)
All streets, sewers, water lines, drainage facilities and utilities shall be designed and constructed in compliance with the Rules and Regulations Governing the Subdivision of Land in effect at the time of application, insofar as they are applicable. Exceptions to the subdivision regulations may be authorized by the Planning Board in granting a special permit hereunder, provided that the Board determines such exceptions are in the public interest and are not inconsistent with the purposes of Section 10.1.1.
(h)
The development shall comply with the provisions of 310 CMR 15.00 of the State Environmental Code (Title 5) and the City of North Adams Health Regulations, with regard to on-site wastewater disposal. On-site sewage disposal systems shall be located so as to minimize the impact on surface and subsurface water resources. In evaluating this issue, the Planning Board shall take into consideration both the direction of groundwater flow and the distance between any such system and a water supply or other water resource. On-site disposal systems shall not be located within 150 feet from any wetland or surface water body. In no instance shall a variance be granted from Title 5 of the State Environmental Code or North Adams Board of Health Regulations in regard to depth to groundwater or distance to wetlands, buildings and water supply wells.
10.1.6.
Open space use and design standards:
(1)
Within an FRD, a minimum of two acres or 30% of the total land area, whichever is less, shall be devoted to common open space. The common open space shall not include land set aside for roads and/or parking uses. No more than 50% of the common open space may contain land considered as wetland resource areas, other than "isolated lands subject to flooding," as defined in the regulations (310 CMR 10.00) promulgated pursuant to Massachusetts General Laws Chapter 131, Section 40 (Wetlands Protection Act).
(2)
The common open space shall be designed and maintained in accordance with the following standards:
(a)
Naturally existing woods, fields, meadows and wetlands shall be maintained and improved in accordance with good conservation practices.
(b)
Common open space shall be planned as large, contiguous parcels whenever possible. Strips or narrow parcels of common open space shall be permitted only when necessary for access or as vegetated buffers along the site's perimeter.
(c)
Common open space may be in more than one parcel, provided that the size, shape and location of such parcels are suitable for the designated uses.
(d)
Common open space may be used for active recreation, passive recreation, conservation, forestry, agriculture, natural buffers, structures necessary to approved uses, utilities and other facilities necessary for the convenience and enjoyment of the residents, subject to approval by the Planning Board. Up to 25% of the common open space may be developed for active recreation.
(e)
There shall be a minimum of 50 feet between any common open space and all structures.
(f)
Use of common open space shall in all instances require approval by the Planning Board, and all structural improvements and impervious surfaces must be shown on the definitive FRD plan.
(g)
In cases where the open space has been environmentally damaged prior to the completion of the development as a result of soil removal, harvesting of trees or other natural features, refuse disposal or any other activity deemed inappropriate with proposed uses of the common open space, the Planning Board may require the developer to restore or improve the condition and appearance of the common open space, and may require the posting of a bond or other appropriate form of performance guaranty to ensure such restoration or improvement.
(h)
Up to 50% of the land area proposed to be set aside as common open space may be located on a different parcel of land, but only if the Planning Board determines, after consultation with, and the approval of, the Conservation Commission, that such other parcel of land is exceptionally valuable to the City and its residents for open space, recreation or natural resource protection and that such value more than offsets the presumed benefits of having such common open space adjacent to the proposed residential development. Nonadjacent common open space is to be conveyed only to the City of North Adams for park or open space use.
10.1.7.
Common open space ownership and management.
(1)
Common open space in an FRD shall be conveyed to: (1) the City of North Adams for park or open space use; (2) a nonprofit corporation, the principal purpose of which is the conservation of open space; or (3) to a corporation or trust owned or to be owned by the owners of lots within the development. It shall be the Planning Board's decision as to which of the above ownership options shall be used. If a corporation or trust owned by the owners of lots is utilized, ownership thereof shall pass with the conveyance of the lots. In any case, where such land is not conveyed to the City, a perpetual restriction, running to and enforceable by the City, shall be recorded providing that such land shall be retained in perpetuity in an open and natural state and shall not be built upon for residential use or developed for accessory uses such as parking or roadways.
(2)
If the common open space is not to be conveyed to the City, then the applicant shall include as part of the road covenant a provision that the common open space will be deeded as approved by the Planning Board. In addition, the road covenant shall not be released until proof of transfer of ownership has been provided to the Planning Board.
(3)
If the common open space is not to be conveyed to the City, the application for an FRD special permit must include a description of how and when the common open space will be preserved in perpetuity to standards satisfactory to the Planning Board and to the City Solicitor. The applicant shall also provide as part of the common open space proposal an agreement empowering the City to perform maintenance of the common open space in the event of failure to comply with the program included in the application pursuant to the preceding sentence providing that, if the City is required to perform any maintenance work, the owners of lots within the FRD shall pay the cost thereof and that the cost shall constitute a lien upon their properties until said cost has been paid.
10.1.8.
Review procedures: All applications for FRDs shall be submitted in conformity with the requirements and procedures for submission and review under the Subdivision Rules and Regulations of the Planning Board and the additional requirements outlined in the Planning Board's Review Procedure for Flexible Residential Developments.
10.1.9.
Approvals:
(1)
As a condition of approval hereunder, the Planning Board may require changes in the proposed development plans and may impose additional conditions, limitations and safeguards as it may deem appropriate to ensure compliance with the purposes of this ordinance.
(2)
Notwithstanding any provision to the contrary, any special permit granted by the Planning Board for an FRD shall become void within two years from the date of issue, which two years shall not include time required to pursue or await determination of an appeal referred to in Massachusetts General Laws, Chapter 40A, Section 6, unless any construction work contemplated thereby shall have commenced and proceeded in good faith continuously to completion, except for a good cause. All open space shall be dedicated at the time the permit holder proceeds with construction under a building permit.
10.2.
Accessory residential units for artists' studios:
10.2.1.
There shall be no more than one residential use per 1,000 square feet of gross studio space.
10.2.2.
A dedicated bathroom with water closet, sink and shower and a kitchen containing sink, refrigerator and stove shall be provided for each proposed residential use. Any new construction of studio spaces shall conform to commercial code. Adequate heat and ventilation shall be provided for each studio.
10.2.3.
Trash and garbage removal must be provided for.
10.2.4.
New construction for studio spaces shall conform to commercial building codes, including fire alarm, fire protection, egress, etc.
10.2.5.
Parking shall be as determined by the Planning Board with a minimum of one parking space per studio.
10.2.6.
There shall be a maximum of 50 studio units per building.
10.2.7.
Restrictions as to odor, noise and deliveries shall be interpreted to commercial as opposed to residential standards.
10.2.8.
Building owners and/or building committees shall determine the qualifications of the artists using the studio spaces for residential use and the limitations contained herein shall be included in any lease or sales contract with the resident artist.
10.3.
Veterinary hospitals and/or kennels:
10.3.1.
The following standards shall be applied by the Zoning Board of Appeals when receiving an application for a special permit for a veterinary hospital and/or kennel. For the purposes of this ordinance, veterinary hospitals and/or kennels shall be defined as a structure or parcel of land used for the harboring and/or care of more than three dogs that are more than six months old, whether commercially operated or not.
(1)
The veterinary hospital and/or kennel must be carried on in such a manner as not to substantially injure appropriate use of adjoining property or adversely affect the existing development or character of the neighborhood.
(2)
No egress or ingress with reference to such property shall be from or to a residential subdivision street.
(3)
Area: Veterinary hospitals and/or kennels shall have a minimum lot area of not less than one acre.
(4)
Setbacks: Buildings, structures or runs used in connection with such purposes shall not be within 70 feet of any street or property lines.
(5)
Lighting: Outdoor lighting shall be so shielded as to cast no light upon adjacent property or public ways.
(6)
Veterinary hospitals and/or kennels in a residential district or adjacent to a residential or institutional use shall be screened along the side and rear property lines.
(7)
Parking: A minimum of three parking spaces per doctor are required.
10.3.2.
Special permits can only be granted in the following zoning districts:
Residential | RU-1, R-2 | |
Business | B-2 | |
Industrial | I-1 |
10.4.
Fraternities and sororities:
10.4.1.
Off-street parking facilities shall be provided in accordance with Section 6 of this ordinance.
10.4.2.
Parking and outdoor activity areas located within 40 feet from any property line shall be screened so as not to be visible from adjacent lots in residential use.
10.4.3.
Outdoor lighting shall be so shielded as to cast no direct light upon adjacent property or public ways, and where outdoor lighting is provided for activities after normal daylight hours, such lights shall be extinguished not later than 11:00 p.m.
10.4.4.
A sound amplification system shall not be permitted except where such system is inaudible at any property line.
10.4.5.
The Planning Board may recommend and the Zoning Board of Appeals may impose additional requirements as it is judgment are necessary for the protection of the public health, safety and welfare.
10.4.6.
No permit shall be issued by the Zoning Board of Appeals, unless and until the Department of Public Health of the City of North Adams has approved those aspects of the proposed use which comes under its jurisdiction.
10.5.
Unregistered or junk motor vehicles:
10.5.1.
Definition of "unregistered motor vehicle." Any motor vehicle required to be registered by law of the Commonwealth of Massachusetts for operation on public ways not so registered.
10.5.2.
Definition of "junk motor vehicle." Any motor vehicle not capable of being used as such in its existing condition by reason of being damaged or dismantled beyond repair or failing to contain parts necessary for operation.
10.5.3.
No unregistered motor vehicle shall be parked, stored, or otherwise placed in, on or upon land in any zoned district for a period of more than six months subsequent to January 1 of any year or subsequent to the required registration date of a former nonresident, except as is hereinafter provided.
10.5.4.
No "junk motor vehicle" shall be parked, stored or otherwise placed in, on or upon land by the owner of said vehicle; nor shall same be allowed to be so parked, stored or otherwise placed in, on or upon land by the owner, lessee or authorized agent thereof, in any zoned district for a period of more than three consecutive days except in those areas as is hereinafter provided. Upon determination by the Building Inspector that said vehicle exists, he shall place a ticket on said vehicle requiring removal within three days. Upon expiration of this three-day period, the Building Inspector is authorized to arrange to have said vehicle removed at the owner's expense.
(1)
At the expiration of the three-day period mentioned herebefore, the owner of said vehicle or the said owner, lessee or authorized agent of the owner of the land is prohibited from moving said vehicle to any area or zone except those areas as are hereinafter provided.
10.5.5.
Section 10.5 hereof shall not be applicable to such "unregistered and/or junk motor vehicle" which is housed, garaged or so situated that same is completely hidden from public view.
10.5.6.
Notwithstanding any provision hereinafter set forth permitting accessory uses customarily incidental to a permitted use, no unregistered and/or junk motor vehicle can be parked, stored or placed on land used in conjunction with such permitted use, except in, on or upon the lot where the permitted use has its primary function or on a lot immediately adjacent thereto if otherwise permitted by the provisions of this ordinance.
10.5.7.
In the event that an owner of an "unregistered" and/or "junk motor vehicle" satisfies the Building Inspector that he intends to register same in the case of an unregistered motor vehicle, or intends to replace necessary parts or repair a motor vehicle for operation and use as such in the case of a junk motor vehicle, the Building Inspector may extend the six-month period mentioned in Section 10.5.3 above or may extend the three-day period mentioned in Section 10.5.4 above, upon such conditions and terms that are reasonable and proper. If any person be aggrieved by the decision of the Building Inspector he may appeal to the Zoning Board of Appeals.
10.6.
Wireless telecommunication:
10.6.1.
Purpose: It is the purpose of this ordinance to minimize the visual and environmental impacts of personal wireless facilities on the scenic, historic, environmental, natural or man-made resources of the City while allowing for adequate personal wireless services within its boundaries.
10.6.2.
Definition: For the purposes of this section, the following definitions shall apply:
ABOVE GROUND LEVEL (AGL)
A measurement of height from the natural undisturbed grade of a site to the highest point of the proposed structure.
ANTENNA
The surface from which wireless radio signals are sent and received by a personal wireless facility.
CAMOUFLAGED
A personal wireless service facility that is disguised, hidden, part of an existing or proposed structure or placed within an existing or proposed structure is considered "camouflaged."
CARRIER
A company which provides wireless services.
COLLOCATION
The use of a single mount on the ground by more than one carrier (vertical collocation) and/or the placement of several mounts on an existing building or structure by more than one carrier.
CROSS-POLARIZED ANTENNA
A low mount that has three panels flush mounted or attached very close to the shaft.
DISTANCE
The measurement of length in a horizontal plane.
EA
An "environmental assessment" is the document required by the Federal Communications Commission and the National Environmental Policy Act when a personal wireless service facility is placed in certain designated areas.
ELEVATION
The measurement of height above sea level.
EQUIPMENT SHELTER
An enclosed structure, cabinet, shed or box at/or near the base of the mount within which are housed batteries and/or electrical equipment.
FAA
Shall mean the Federal Aviation Administration.
FALL ZONE
The area on the ground within a prescribed radius from the base of a personal wireless service facility. The fall zone is the area within which there is a potential hazard from falling debris (such as ice or tooling) or collapsing material.
FCC
Shall mean the Federal Communications Commission.
FUNCTIONALLY EQUIVALENT SERVICES
Cellular, personal communication services (PCS), enhanced specialized mobile radio, specialized mobile radio and paging shall all be considered functionally equivalent for the purposes of the ordinance.
GUYED TOWER
A monopole or lattice tower that is tied to the ground or other surface by diagonal cables.
LATTICE TOWER
A type of mount which is self-supporting having multiple legs and cross-bracing of structural steel.
LICENSED CARRIER
A company authorized by the FCC to construct and/or operate a commercial personal wireless services system.
MONOPOLE
The type of mount that is self-supporting with a single shaft of wood, steel or concrete and a platform for panel antennas arrayed at the top.
MOUNT
The structure or surface upon which antennas are mounted. These include but are not limited to:
1.
Roof mount: mounted on the roof of a building.
2.
Side mounted: mounted on the side of a building.
3.
Ground mounted: mounted on the ground.
4.
Structure mounted: Mounted on a structure other than a building.
NONRESIDENTIAL STRUCTURE
Any structure other than private houses or apartments.
OMNIDIRECTIONAL ANTENNA
Commonly known as a "whip antenna," it is a thin rod that beams and receives a signal in all directions.
PANEL ANTENNA
A flat surface antenna usually developed in multiples.
PERSONAL WIRELESS SERVICE FACILITY
A facility for the provision of personal wireless services, as defined by the Telecommunications Act of 1996.
PERSONAL WIRELESS SERVICES
The types of services regulated by this ordinance.
RADIO FREQUENCY RADIATION (RFR)
The emissions from personal wireless service facilities.
RADIO FREQUENCY (RF) ENGINEER
An engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.
SECURITY BARRIER
A locked, impenetrable wall, fence or berm that completely seals an area from unauthorized entry or trespass.
SEPARATION
The distance between one carrier's array of antennas and another carrier's array.
10.6.3.
Regulations:
(1)
Use: A personal wireless service facility shall require a building permit in all cases and may be permitted as follows:
(a)
Existing structure: A personal wireless facility may locate on an existing guyed tower, monopole, electric utility transmission tower, fire tower or water tower, provided the installation of the new facility does not increase the height of the existing structure except as provided in Section 10.6.3(3) contained herein. Such installations shall require a building permit and site plan approval by the Planning Board.
(b)
New construction: A personal wireless facility involving construction of one or more ground or building mounts shall require a special permit. Such facilities may locate by special permit in all zoning districts within the City, provided that the proposed use complies with the height and setback requirements of Section 10.6.3(3), all of the special permit regulations set forth in Section 10.6.4 of this ordinance and a building permit is obtained.
(2)
Location: Applicants seeking approval for personal wireless service facilities will comply with the following:
(a)
If feasible, personal wireless service facilities shall be located on existing structures, included but not limited to buildings, water towers, existing telecommunications facilities, utility towers and related facilities, provided that such installations preserve the character and integrity of those structures. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate. The applicant shall provide, in writing, that they have investigated all other locations of existing structures at other possible sites and provide documentation as to why their use is not satisfactory.
(b)
If the applicant successfully demonstrates to the Planning Board that it is not feasible to locate on an existing structure, the personal wireless service facility shall be so designed as to be camouflaged to the greatest extent possible. This camouflage shall include but is not limited to the use of compatible building materials and colors, screening, landscaping, placement within tree stands or any other device directed by the Planning Board.
(c)
The applicant shall submit documentation of the legal right to install and use the proposed facility mount at the time of application for a building permit and/or special permit.
(3)
Dimensional requirements: Personal wireless service facilities shall comply with the following requirements:
(a)
Height, general: Regardless of the type of mount, personal wireless service facilities shall be no higher than 10 feet above the average height of buildings within 300 feet of the proposed facility. In addition, the height of the personal wireless service facility shall not exceed by more than 10 feet the height limits of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged, such as within a flagpole, steeple, chimney or similar structure. Personal wireless service facilities may locate on a building that is legally nonconforming, provided that the facilities do not project above the existing building height.
(b)
Height, ground-mounted facilities: Ground-mounted personal wireless service facilities shall not project higher than 10 feet above the average building height, or, if there are no buildings within 300 feet, these facilities shall not project higher than 10 feet above the average tree canopy height measured from ground level (AGL). If there are no buildings within 300 feet of the proposed site of the facility, all ground-mounted personal wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may be existing on the property or planted as required for compliance.
(c)
Height, side- and/or roof-mounted facilities:
1.
Side- and/or roof-mounted personal wireless service facilities shall not project more than 10 feet above the height of the existing building nor project more than 10 feet above the height limit of the zoning district within which the facility is to be located.
2.
Personal wireless service facilities may locate on a building that is legally nonconforming with respect to height, provided that the facilities do not project above the highest point of the existing building.
3.
Height, existing structures: New antennas located on any of the following structures existing on the effective date of this ordinance shall be exempt from the height restrictions of this ordinance, provided that there is no increase in the height of the existing structure as a result of the installation of a personal wireless facility: water towers, guyed towers, lattice towers, fire towers and monopoles.
4.
Height, existing utility structures: New antennas located on any of the following structures shall be exempt from the height restrictions of this ordinance, provided that there is no more than a twenty-foot increase in the height of the existing structure as a result of the installation of a personal wireless facility: electric transmission and distribution towers or similar existing utility structures. This exemption shall not apply in historic districts, within 300 feet of the right-of-way of any scenic roadway or in any designated scenic viewsheds.
(d)
Setbacks: All personal wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed:
1.
In order to ensure public safety, the minimum distance from the base of any ground-mounted personal wireless facility to any property line, road, habitable dwelling, business or institutional use or public recreational area shall be 125% of the height of the facility/mount, including any antennas or other appurtenances. This setback is considered a fall zone.
2.
In the event that an existing structure is proposed as a mount for the personal wireless facility, a fall zone shall not be required, but the setback provisions of the zoning district shall apply. In the case of preexisting nonconforming structures, personal wireless facilities and their equipment shelters shall not increase any nonconformities, except as provided in Section 10.6.3(3)(a) contained herein.
(e)
Flexibility: In reviewing a special permit application for a personal wireless facility, the Planning Board may reduce the required fall zone and/or setback distance by as much as 25% of the required distance, if it finds that a substantially better design will result from such reduction. In making such a finding, the Planning Board shall consider both the visual and safety impacts of the proposed use.
10.6.4.
Special permit regulations: All personal wireless service facilities shall comply with the performance standards contained in this section.
(1)
Design standards:
(a)
Visibility/camouflage: Personal wireless service facilities shall be camouflaged as follows:
1.
Camouflage by existing buildings or structures:
A.
When a personal wireless service facility extends above the roof height of the building on which it is mounted, every effort shall be made to conceal the facility within or behind existing architectural features to limit its visibility from public ways. Facilities mounted on a roof shall be stepped back from the front facade in order to limit their impact on a building's silhouette.
B.
Personal wireless service facilities which are side mounted shall blend with the existing building's architecture and, if over five feet, shall be painted or shielded with material which is consistent with the design features and materials of the building.
2.
Camouflage by vegetation: If personal wireless service facilities are not camouflaged from public viewing areas by existing buildings or structures, they shall be surrounded by buffers of dense tree growth and understory vegetation in all directions to create an effective year-round visual buffer. Ground-mounted personal wireless facilities shall provide a vegetated buffer of sufficient height and depth to effectively screen the facility. Trees and vegetation may be existing on the subject property or installed as part of the proposed facility or a combination of both. The Planning Board shall determine the types of trees and plant materials and depth of the needed buffer based on site conditions. The facility shall include both equipment shelter(s) and antenna.
3.
Color:
A.
Personal wireless service facilities which are side mounted on buildings shall be painted or constructed of materials to match the color of the building material directly behind them.
B.
To the extent that any personal wireless service facilities extend above the height of the vegetation immediately surrounding it, they shall be painted a light gray or light blue hue which blends with the sky and clouds.
(b)
Equipment shelters: Equipment shelters for personal wireless service facilities shall be designed consistent with one of the following design standards:
1.
Equipment shelters shall be located in underground vaults; or
2.
Equipment shelters shall be designed consistent with traditional New England architectural styles and materials; or
3.
Equipment shelters shall be camouflaged behind an effective year-round landscape buffer, equal to the height to the proposed building, and/or a wooden fence. The Planning Board shall determine the style of fencing and/or landscape buffer that is compatible with the neighborhood.
(c)
Lighting and signage:
1.
Lighting of equipment structures and any other facilities on the site shall be shielded from abutting properties. There shall be a total cutoff of all light at the property lines of the parcel to be developed, and footcandle measurements at the property line shall be 30.0 initial footcandles when measured at grade.
2.
Signs shall be limited to those needed to identify the property and the owner and to warn of any danger. All signs shall comply with the requirements of Section 7 of the City's Zoning Ordinance regarding signs.
3.
A security barrier shall surround all ground-mounted personal wireless service facilities.
(d)
Historic buildings and districts:
1.
Any personal wireless service facility located on or within an historic structure shall not alter the character-defining features, distinctive construction methods or original historic materials of the building.
2.
Any alteration made to an historic structure to accommodate a personal wireless service facility shall be fully reversible. Approval of the North Adams Historical Commission shall be required prior to any alterations being performed.
3.
Personal wireless service facilities within an historic district shall be concealed within or behind existing architectural features or shall be located so that they are not visible from public roads and viewing areas within the district.
(e)
Scenic landscapes and vistas:
1.
In order to minimize the visual impact on scenic locations, any personal wireless service facility that is located within 300 feet of a scenic vista, scenic landscape or scenic road as designated by the City shall not exceed the height of the vegetation at the proposed location.
(f)
Environmental standards:
1.
Personal wireless service facilities shall not be located in wetlands, floodplains or Floodplain Districts, and disturbance to wetland buffer areas shall be minimized.
2.
No hazardous waste shall be discharged on the site of any personal wireless service facility. If any hazardous materials are to be stored on site, there shall be provisions for the full containment of such materials. An enclosed containment area shall be provided with a sealed floor, designed to contain at least 110% of the volume of the hazardous materials used at the site.
3.
Ground-mounted equipment for personal wireless service facilities shall not generate noise in excess 65 dB at the property line.
4.
Roof-mounted or side-mounted equipment for personal wireless service facilities shall not generate noise in excess 65 dB at ground level at the base of the building closest to the antenna.
(g)
Safety standards:
1.
All equipment proposed for a personal wireless service facility shall be authorized per the latest published FCC Guidelines for Evaluating the Environmental Effects of Radiofrequency Radiation.
10.6.5.
Application procedures:
(1)
Special permit granting authority: The Planning Board shall be the special permit granting authority for purposes of this section.
(2)
Preapplication conference: Prior to the submission of an application for a special permit to the Planning Board under this regulation, the applicant is required to meet with the Building Inspector and Community Development Office to discuss the proposed personal wireless service facility in general terms and to clarify the filing requirements.
(3)
Preapplication filing requirements: The purpose of the conference is to inform the Planning Board as to the preliminary nature of the proposed personal wireless service facility. As such, no formal filings are required for the preapplication conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and/or engineering drawings to inform the Planning Board of the location of the proposed facility, as well as its scale and overall design.
(4)
Application filing requirements: In addition to the requirements of Section 12.4 of the Zoning Ordinances for the City of North Adams, the following shall be included as part of the site plan approval for personal wireless service facilities.
(a)
General filing requirements: The following shall be included with the application for a special permit for all personal wireless service facilities:
1.
Name, address and telephone number of applicant and any coapplicants as well as any agents for the applicants or coapplicants.
2.
Coapplicants may include the landowner of the subject property, licensed carriers and tenants for the personal wireless service facility.
3.
A licensed carrier shall be an applicant or a coapplicant.
4.
Original signatures for the applicant and all coapplicants applying for the special permit. If the applicant or coapplicants will be represented by an agent, original signatures authorizing the agent to represent the applicant and/or coapplicants. Photo-reproductions of signatures will not be accepted.
5.
A certificate of insurability of the applicant, covering destruction from a tower failure, at the time of filing.
(b)
Location filing requirements: The applicant shall meet with the Building Inspector and the Office of Community Development to finalize all required information prior to applying to appear before the Planning Board for a public hearing. The following shall be included with the application for a special permit for all personal wireless service facilities:
1.
Identify the subject property by including the name of the locality, name of the street or nearest streets and street address, if any.
2.
Tax Map and parcel number of the subject property.
3.
Zoning district designation for the subject property. A copy of the City Zoning Map with the parcel identified will meet this requirement.
4.
A line map to scale showing the lot lines of the subject property and all properties within 300 feet.
5.
A City-wide map showing the location of any other existing personal wireless service facilities.
6.
A City-wide map showing the locations of all existing and future personal wireless service facilities for this carrier.
(c)
Site filing requirements: The following shall be included with the application for a site plan approval special permit for all personal wireless service facilities:
1.
A one inch equals 40 feet Key Map showing the following:
A.
Property lines for the subject property.
B.
Property lines of all properties adjacent to the subject property within 300 feet.
C.
Tree cover on the subject property and adjacent properties within 300 feet, by dominant species and average height, as measured by or available from a verifiable source.
D.
Outline of all existing buildings, including purpose (e.g., residences, garages, accessory structures, etc.) on subject property and all adjacent properties within 300 feet.
E.
Proposed location of antenna, mount and equipment shelter or shelters.
F.
Proposed security barrier, indicating type and extent as well as point of controlled entry.
G.
Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet, including driveways proposed to serve the personal wireless service facility.
H.
Distances, at grade, from the proposed personal wireless service facility to each building on the Key Map.
I.
Contours at each two feet above mean sea level for the subject property and adjacent properties with 300 feet.
J.
All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways.
K.
Representations, dimensioned and to scale, of the proposed mount, antennas, equipment shelters, cable runs, parking areas and any other construction or development attendant to the personal wireless service facility.
L.
Lines representing the sight line showing viewpoint (point from which view is taken) and visible point (point being viewed) as required by Section 10.6.5(4)(c)(2) of this ordinance.
2.
Sight lines and photographs as follows:
A.
Sight line representation. A sight line representation shall be drawn from any public road within 300 feet and the closest facade of each residential building (viewpoint) within 300 feet to the highest point (visible point) of the personal wireless service facility. Each sight line shall be depicted in profile, drawn one inch equals 40 feet. The profiles shall show all intervening trees and buildings. In the event that there is only one residential building within the 300 feet, there shall be at least two sight lines from the closest habitable structure or public roads, if any.
B.
Existing (preconstruction) photographs. Each sight line shall be illustrated by a color photograph of what can currently be seen from any public road within 300 feet.
C.
Proposed (postconstruction). Each of the existing condition photographs shall have the proposed personal wireless service facility superimposed on it to show what will be seen from public roads if the proposed personal wireless service facility is built.
3.
Site elevations or views at grade from the north, east, south and west for a fifty-foot radius around the proposed personal wireless service facility plus from all existing public and private roads that serve the subject property. Elevations shall be at either 1/4 inch equals one-foot or 1/8 inch equals one-foot scale and show the following:
A.
Antennas, mounts and equipment shelter(s), with total elevation dimensions and AGL of the highest point.
B.
Security barrier. If a security barrier will block views of the personal wireless service facility, the barrier drawing shall be cut away to show the view behind the barrier.
C.
Any and all structures on the property.
D.
Existing trees and shrubs at current height and proposed trees and shrubs at proposed height at the time of installation, with appropriate elevations dimensioned.
E.
Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.
(d)
Design filing requirements:
1.
Equipment brochures for the proposed personal wireless service facility such as manufacturer's specifications or trade journal reprints shall be provided for the antenna, mounts, equipment shelter(s), cables, cable runs and security barrier(s), if any.
2.
Materials of the proposed personal wireless service facility specified by generic type and specific treatment (e.g., anodized aluminum, stained wood, painted fiberglass, etc.). These shall be provided for the antennas, mounts, equipment shelter(s), cables, cable runs and security barrier(s), if any.
3.
Colors of the proposed personal wireless service facility represented by a color board showing the actual colors proposed. Colors shall be provided for the antenna, mounts, equipment shelter(s), cables, cable runs and security barrier(s), if any.
4.
Dimensions of the personal wireless service facility specified for all three directions: height, width and breadth. These shall be provided for the antennas, mounts, equipment shelter(s), cables, cable runs and security barrier(s), if any.
5.
Appearance shown by at least two photographic superimpositions of the personal wireless service facility within the subject property. The photographic superimpositions shall be provided for the antennas, mounts, equipment shelter(s), cables, cable runs and security barrier(s), if any, for the total height, width and breadth.
6.
Landscape plan, including trees and shrubs and those proposed to be added, identified by size of specimen at installation and species.
7.
Within 30 days of the preapplication conference or within 21 days of filing an application for a special permit, the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time and location of such test shall be advertised in a newspaper of general circulation in the City at least seven days but not more than 14 days prior to the test. Notification shall be provided to all abutters of record indicating the date and time of the test. The balloon shall be flown at the maximum height of the proposed structure for a period of no less than four hours between the hours of 9:00 a.m. and 4:00 p.m. The balloon shall be a minimum of three feet in diameter and shall be brightly colored.
8.
If lighting of the site is proposed, the applicant shall submit a manufacturer's computer-generated point-to-point printout, indicating the horizontal footcandles at grade within the property to be developed and 25 feet beyond the property lines. The printout shall indicate the locations and types of luminaries proposed.
(e)
Noise filing requirements: The applicant shall provide a statement listing the existing and maximum future projected measurements of noise from the proposed personal wireless service facilities, measured in decibels Ldn (logarithmic scale, accounting for greater sensitivity at night) for the following:
1.
Existing, or ambient: the measurement of existing noise.
2.
Existing plus proposed personal wireless service facilities: maximum estimate of the noise from the proposed personal wireless service facility plus the existing noise.
3.
Such statements shall be certified and signed by an acoustical engineer, having a record of service to municipalities, stating that the noise measurements and estimates are accurate and will meet the noise standards of this ordinance.
(f)
Radiofrequency radiation (RFR) filing requirements: The applicant shall provide a statement listing the existing and maximum future projected measurements of RFR from the proposed personal wireless service facility for the following situations:
1.
Existing, or ambient: the measurement of existing RFR.
2.
Existing plus proposed personal wireless service facilities: maximum estimate of RFR from the proposed personal wireless service facility plus the existing RFR.
3.
Such statements shall be certified and signed by an RF engineer, having a record of service to municipalities, stating that the RFR measurements and estimates are accurate and meet FCC guidelines as specified in this ordinance.
(g)
Federal environmental filing requirements:
1.
The National Environmental Policy Act (NEPA) applies to all applications for personal wireless service facilities. NEPA is administered by the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CRF Ch. 1). The FCC requires that an environmental assessment (EA) be filed with the FCC prior to beginning operations for any personal wireless service facility proposed in or involving any of the following:
A.
Wilderness areas.
B.
Wildlife preserves.
C.
Endangered species habitat.
D.
Historical sites.
E.
Indian religious sites.
F.
Floodplain.
G.
Wetlands.
H.
High-intensity white lights in residential neighborhoods.
I.
Excessive radiofrequency radiation exposure.
2.
At the time of application filing, an EA that meets FCC requirements shall be submitted to the City for each personal wireless service facility site that requires such an EA to be submitted to the FCC.
3.
The applicant shall list location, type and amount of any materials proposed for use within the personal wireless service facility that are considered hazardous by federal, state or local governments.
(h)
Structural filing requirements: The applicant shall provide a statement from a certified structural engineer, with a record of service to municipalities, stating that the service facility is of sound structural design for the intended use and locality.
(i)
Waiver of filing requirements: The Planning Board may waive one or more of the application filing requirements of this section if it finds that such information is not needed for a thorough review of a proposed personal wireless service facility.
(j)
Exempted wireless service facilities: This ordinance shall specifically exempt the following wireless service facilities:
1.
Police.
2.
Fire.
3.
Other municipal emergency dispatches.
10.6.6.
Collocation:
(1)
Licensed carriers shall share personal wireless service facilities and sites where feasible and appropriate, thereby reducing the number of personal wireless service facilities that are stand-alone facilities. All applicants for a special permit for a personal wireless service facility shall demonstrate a good faith effort to collocate with other carriers. Such good faith effort includes:
(a)
A survey of all existing structures that may be feasible sites for collocating personal wireless service facilities;
(b)
Contact with all the other licensed carriers for commercial and commercial mobile radio services in the county; and
(c)
Sharing information necessary to determine if collocation is feasible under the design configuration most accommodating to collocation.
(2)
In the event that collocation is found not to be feasible, a written statement of the reasons for the unfeasibility shall be submitted to the City via the Planning Board. The City may retain a technical expert in the field of RF engineering to verify if collocation at the site is not feasible or is feasible given the design configuration most accommodating to collocation. The cost for such a technical expert will be at the expense of the applicant. The City may deny a special permit to an applicant that has not demonstrated a good faith effort to provide for collocation.
(3)
If the applicant does intend to collocate or to permit collocation, the City shall request drawings and studies that show the ultimate appearance and operation of the personal wireless service facility at full build-out.
(4)
If the Planning Board approves collocation for a personal wireless service facility, the special permit shall indicate how many facilities of what type shall be permitted on that site. Facilities specified in the special permit approval shall require no further zoning approval. However, the addition of any facilities not specified in the approved special permit shall require a new special permit. Estimates of RFR emissions will be required for all facilities, including currently proposed and future facilities.
10.6.7.
Modifications: A modification of a personal wireless service facility may be considered equivalent to an application for a new personal wireless service facility and will require a special permit when the following apply:
(1)
The applicant and/or coapplicant wants to alter the terms of the special permit by changing the personal wireless service facility in one or more of the following ways:
(a)
Increasing the number of facilities permitted on the site.
(b)
Change in the technology which would augment the light, sound or hazardous element(s) emitted from the personal wireless service facility.
(2)
The applicant and/or coapplicant wants to add any equipment or additional height not specified in the original design filing.
10.6.8.
Monitoring and maintenance:
(1)
After the personal wireless service facility is operational, the applicant shall submit, to the Building Inspector, within 90 days of beginning operations, existing measurements of RFR from the personal wireless service facility. Such measurements shall be signed by an RF engineer, stating that the RFR measurements are accurate and meet FCC guidelines as specified in the radio frequency standards contained in this ordinance. The operator shall submit a letter to the Building Inspector certifying that the carrier or licensee meets FCC guidelines for RFR emissions every two years or whenever there is a change in fee standards.
(2)
After the personal wireless service facility is operational, the applicant shall submit, to the Building Inspector, within 90 days of beginning operations, existing measurements of noise from the personal wireless service facility. Such measurements shall be signed by an acoustical engineer, stating that the noise measurements are accurate and meet noise levels established in Section 14-4.1 of the Ordinances of the City of North Adams.
(3)
The applicant and/or coapplicant shall maintain the personal wireless service facility in good condition. Such maintenance shall include but not be limited to painting, structural integrity of the mount and security barrier and maintenance of the buffer areas and landscaping and shall be performed under the guidelines of the FCC and FAA rules and requirements. Additionally, on a five-year basis, an engineering evaluation of the structural soundness of the wireless service facility shall be performed and a copy of the evaluation forwarded to the Building Inspector.
10.6.9.
Abandonment or discontinuation of use.
(1)
At such time that a licensed carrier plans to abandon or discontinue operation of a personal wireless service facility, such carrier will notify the City by certified United States mail of the proposed date of abandonment or discontinuation of use. Such notice shall be given no less than 30 days prior to the abandonment or discontinuation of operations. In the event that the licensed carrier fails to give such notice, the personal wireless service facility shall be considered abandoned upon such discontinuation of operations.
(2)
Upon abandonment or discontinuation of use, the carrier shall physically remove the personal wireless service facility within 90 days from the date of abandonment or discontinuation of use. "Physically remove" shall include but not be limited to:
(a)
Removal of antennas, mount, equipment shelters and security barriers from the subject property.
(b)
Proper disposal of the waste materials from the site in accordance with local, state and federal solid waste disposal regulations.
(c)
Restoring the location of the personal wireless service facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.
(3)
If a carrier fails to remove a personal wireless service facility in accordance with this section of this ordinance, the City shall have the authority to enter the subject property and physically remove the facility. The Planning Board may require the applicant to post a bond at the time of construction to cover costs for the removal of the personal wireless service facility in the event that the City must remove the facility.
10.6.10.
Reconstruction or replacement of existing towers and monopoles: Guyed towers, lattice towers, utility towers and monopoles in existence at the time of adoption of this ordinance may be reconstructed, altered, extended or replaced on the same site by special permit, provided that the Planning Board finds that such reconstruction, alteration, extension or replacement will not be substantially more detrimental to the neighborhood and/or the City than the existing structure. In making such a determination, the Planning Board shall consider whether the proposed reconstruction, alteration, extension or replacement will create public benefits, such as the opportunity for collocation, improvements in public safety and/or reduction in visual and environmental impacts. No reconstruction, alteration, extension or replacement shall exceed the height of the existing facility.
10.6.11.
Term of special permit. A special permit issued for any personal wireless service facility over 50 feet in height shall be valid for 15 years. At the end of that time, the personal wireless service facility shall be removed by the carrier or a new special permit shall be required.
10.7.
Removal of topsoil and gravel:
10.7.1.
Removal restricted: Unless otherwise provided in this section, there shall be no removal from the premises in any district of earth, sand, gravel, clay or quarrystone, except as surplus material resulting from a bona fide construction, landscape or agricultural operation being executed on the premises, and provided that no permanent damage is done to the landscape.
10.7.2.
Removal of topsoil: The Zoning Board of Appeals may grant a special permit in any district for the removal of topsoil or loam from any area, provided that no less than four inches of topsoil or loam remains and provided further that the entire area disturbed is seeded with a suitable cover crop or is put to cultivation.
10.7.3.
Removal of sand, gravel, clay: The Zoning Board of Appeals, after public hearing, may issue a special permit for the removal of sand, gravel or clay in any district under the following conditions:
(1)
The applicant shall submit a plan showing existing grades in the area from which the above material is to be removed, together with finished grades at the conclusion of the operation.
(2)
The plan shall provide for proper drainage of the area of the operation during and after completion, and no bank shall exceed a slope of one foot of vertical rise in 1 1/2 feet of horizontal distance except in ledge rock. No removal shall take place within 20 feet of a property line except that where the grade from a property line rises towards the lot where removal is to take place, material lying above the grade at the property line may be removed.
(3)
At the conclusion of the operation or of any substantial portion thereof, the whole area where removal takes place shall be covered with not less than four inches of topsoil and seeded with a suitable cover crop, except where ledge rock is exposed.
(4)
Before a permit is granted under this section, the applicant shall post a bond with the Treasurer of the City of North Adams in an amount approved by the Zoning Board of Appeals as sufficient to guarantee conformity with the provisions of the permit issued hereunder.
10.8.
Public garages and service stations:
10.8.1.
The Zoning Board of Appeals, after a public hearing and under appropriate conditions and safeguards, and within the proper use districts, may issue a special permit for the erection of a public garage or auto service station. Under no circumstances shall a permit be issued for the erection of or enlargement of a public garage for more than five motor vehicles, or a motor vehicle service station or gas filling station, or for the conversion of any premises not so used to be used for such purposes, if any part of the lot or plot in question is situated within a two-hundred-foot radius of any part of a lot used or to be used for:
(1)
A public school or a duly organized school other than a public school.
(2)
A hospital maintained as a charitable institution, or a private hospital maintaining at least 15 beds for patients.
(3)
A church.
(4)
A public library.
(5)
A public playground.
10.8.2.
No gasoline filling appliance shall be located within 20 feet of a street line or within 20 feet of an adjacent property line.
10.8.3.
Access: At any public garage, gasoline selling station or service station where the nature of the services rendered requires automobiles to drive over the sidewalk for entrance to or exit from the premises so used, definite driveways of reasonable width shall be delineated and suitable curbings shall be erected along the street line, between and on either side of driveways.
10.8.4.
The Zoning Board of Appeals shall find that the proposed use will not tend to depreciate the value of adjoining property or uses, impair the integrity of this regulation, endanger the appropriate use of land in the immediate neighborhood, or be inconsistent with the public welfare.
10.8.5.
No existing garage for more than five motor vehicles, group of garages for more than five motor vehicles, or motor vehicle service station or gas filling station shall be deemed to become a nonconforming use through the subsequent erection of such a school, hospital, church, library or playground as defined above, within the aforesaid prescribed area.
10.9.
Mobile homes and mobile home parks:
10.9.1.
Mobile home: A mobile home is any vehicle or object on wheels and having no motor power of its own but which is drawn by or may be used in connection with a motor vehicle, and which is so designed and constructed, or reconstructed or added to by means of accessories, as to permit the use of occupancy thereof for human habitation whether resting on wheels, jacks or other foundation. Only independent mobile homes, with completely trapped and vented sewage systems, shall be permitted in a mobile park.
10.9.2.
Mobile home park: A mobile home park is any lot or tract of land upon which three or more trailer coaches or mobile homes are occupied for dwelling purposes, including any buildings, structures or equipment located thereon in connection therewith.
10.9.3.
Future descriptions: Future descriptions of domiciles intended for use as mobile homes and which basically suit the intent and description or specifications of a mobile home shall be subject to this ordinance.
10.9.4.
Restricted use: No mobile home may be permitted to be used in the City of North Adams unless same is so used in a mobile home park.
10.9.5.
Mobile home park district: The two districts in the City of North Adams wherein a mobile home park may be permitted to be used shall be in a rural or affordable housing district.
10.9.6.
Boundary lines: No mobile home park established in a rural or affordable housing district shall be within 300 feet of any presently zoned residential area or within 100 feet of any other zoned area within the City limits.
10.9.7.
Size of mobile homes: No mobile home shall be allowed in any mobile home park the area of which including appendages and/or accessory buildings exceeds 33 1/3% of the lot size. The size of any mobile home, excluding appendages, must exceed nine feet and six inches in width and 40 feet in length.
10.9.8.
Size of mobile home spaces and setback:
(1)
Each mobile home shall be provided with an area of land not less than 5,000 square feet and such area of land shall not be less than 50 feet in width.
(2)
A mobile home including appendages placed thereon shall be at least 20 feet from the front line of the area provided for the mobile home, which front line shall border the mobile home park street or way, and same shall be at least 20 feet from the mobile home or appendage on any adjoining lot at the side and rear.
(3)
A corner lot in a mobile home park is that area of land which is bounded by two intersecting streets or ways. Mobile homes placed on corner lots shall be at least 20 feet from both streets or way lines.
(4)
An accessory building placed on a mobile home lot may not exceed 100 square feet in area or eight feet in height and shall be located at the extreme rear of the lot at a point farthest from the streets or way lines.
(5)
Notwithstanding the foregoing, no mobile home shall be allowed within 40 feet of a preexisting street or way to which the public has a right of access.
10.9.9.
Requirements of mobile home park:
(1)
Each mobile home park shall, in addition to the minimum lot size of each mobile home, as set forth in Section 10.9.8 above, provide additional areas for correct parking, roads, grass-plot bordering and a general provision for recreation park and such accessory buildings that are incidental to the management of the park. This area shall be a minimum of 40% of the entire area of the park. No buildings other than those used incidental to and in connection with the use of said park shall be permitted therein or thereon. Said recreation park shall be designed to provide for active and passive recreation of the residents of the mobile home park. Swimming facilities, when provided, shall be completely fenced.
(2)
Mobile home sales are permitted in a mobile home park, on condition that an area in said park of not more than 30,000 square feet or 40% of total area of the park be provided therefor; which area shall be in addition to the 40% area mentioned in Section 10.9.9(1) and which shall not be within any required minimum front, side or rear yard area. The mobile home sales area shall be limited to a maximum of 15 units therein where said units may be kept for display and sale on the premises. This shall not restrict or limit any sale or sales of mobile homes therein situate being used or adopted for immediate use for human habitation in accordance with all the provisions of the existing ordinance.
10.9.10.
Mobile home park application; plans and specifications: Each applicant for a license to operate a mobile home park shall file a written application with the Building Inspector who shall review same to determine that the area complies with provisions of this ordinance, as amended. The Building Inspector shall note his determination on said application and forward same to the Board of Health. The application shall contain:
(1)
Name of mobile home park, boundaries, North point, date and scale.
(2)
Name and address of record owner, and engineer or surveyor.
(3)
Names of all abutters as they appear in the most recent tax list.
(4)
Sufficient data to determine the location, direction and length of every street and way line, lot line and boundary line, mobile home lots, and to establish these lines on the ground. Streets shall be constructed with a hard surface, consisting of 1 1/2 inches minimum bituminous asphalt or concrete on a twelve-inch minimum gravel base, within two years of occupancy in any mobile home located on the street.
(5)
Proposed layout of drainage, water supply, sewage disposal systems, recreation area, and all other proposed facilities.
10.9.11.
Streets; location and alignment:
(1)
All streets in a mobile home park shall be designed so that they will provide safe vehicular travel. Due consideration shall be given by the park operator or owner to the attractiveness of the street layout in order to obtain the maximum livable amenity of the mobile home park.
(2)
Provision shall be made for the proper projection of streets.
(3)
The minimum width of street rights-of-way shall be 40 feet.
10.9.12.
Watercourse, drainageway, channel or stream: Where a mobile home park is traversed by a watercourse, drainageway, channel or stream, the Building Inspector may require that there be provided a drainage right-of-way of adequate width to conform substantially to the lines of such watercourse, drainageway, channel or stream, and that adequate distance be provided between any mobile home and the drainage right-of-way.
10.9.13.
Water supply: An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and mobile home spaces within the park to meet the requirements of the park. Each mobile home space shall be provided with a cold water tap at least four inches above the ground. An adequate supply of hot water shall be provided at all times in the service buildings for all bathing, washing, cleaning, and laundry facilities.
10.9.14.
Service buildings:
(1)
Service buildings housing sanitation and laundry facilities, or any such facilities, shall be permanent structures complying with all applicable ordinances and statutes regulating buildings, electrical installations and plumbing and sanitation systems.
(2)
The service buildings shall be well lighted at all times of the day and night, shall be well ventilated with screened openings, shall be constructed of such moistureproof material, including painted woodwork, as shall permit repeated cleaning and washing, and shall be maintained at a temperature of at least 68° F., 20° C., during the period from October 1, to May 1. The floors of the service buildings shall be of water impervious material.
(3)
All service buildings and the grounds of the park shall be maintained in a clean, sightly condition and kept free of any condition that will menace the health of any occupant or the public or constitute a nuisance.
10.9.15.
Sewage and refuse disposal:
(1)
Waste from showers, bathtubs, flush toilets, urinals, lavatories, slop sinks, and laundries in service and other buildings within the park shall be discharged into a public sewer system in compliance with applicable ordinances or into a private sewer and disposal plant or septic tank system of such construction and in such manner as will present no health hazard.
(2)
The sewer in each space shall be connected to discharge the mobile home waste into a public sewer system in compliance with applicable ordinances or into a private sewer disposal plant or septic tank system of such construction and in such manner as will present no health hazard.
10.9.16.
Central garbage and rubbish receptacles: Metal garbage receptacles with tight-fitting covers shall be provided in quantities adequate to permit disposal of all garbage and rubbish. The receptacles shall be kept in sanitary condition at all times. Garbage and rubbish shall be collected and disposed of as frequently as may be necessary to insure that the garbage receptacles shall not overflow.
10.9.17.
Fire protection: Every park shall be equipped at all times with fire extinguishing equipment in good working order, of such type, size and number and so located within the park as to satisfy applicable reasonable regulations of the fire department. No open fires shall be permitted at any place which may endanger life or property. No fires shall be left untended at any time.
10.9.18.
Register of occupants:
(1)
It shall be the duty of each licensee and permittee to keep a register containing a record of all mobile home owners and occupants located within the park. The register shall contain the following information:
(a)
The name and address of each mobile home occupant;
(b)
The name and address of the owner of each mobile home;
(c)
The make, model, year and serial number of each mobile home;
(d)
The date of arrival and of departure of each mobile home.
(2)
The park shall keep the register available for inspection at all times by law enforcement officers, public health officials, and other officials whose duties necessitate acquisition of the information contained in the register. The register record for each occupant registered shall not be destroyed for a period of three years following the date of departure of the registrant from the park.
10.9.19.
Licenses and fees: A mobile home park owner or operator must fully comply with General Laws, Chapter 140, Sections 32A to 32L, inclusive, as applicable, and obtain necessary licenses from the Board of Health of the City of North Adams.
10.9.20.
Board of Health:
(1)
The Board of Health shall not grant any license for a mobile home park unless it receives written notification from the Building Inspector that the applicant has complied with all local zoning ordinances;
(2)
That, upon the granting of a license, the Board of Health shall forthwith give notification thereof to the Building Inspector, Board of Assessors and the Collector of Taxes.
10.10.
Permitting and regulating campgrounds:
10.10.1.
Purpose: The purpose of this ordinance is to provide regulations for areas developed, licensed and operated for recreational camping for overnight or longer periods under Article VIII of the State Sanitary Code, in order to promote public health, safety and general welfare, as authorized in Chapter 40A of the General Laws, as amended.
10.10.2.
Permitted uses: Campgrounds established under this ordinance may accommodate tents, mobile camping units, expandable trailer units, Adirondack shelters, and such other devices as may be developed and marketed for the camping trade, on rented campsites, developed in accordance with the provisions of this ordinance, and may contain temporary or permanent buildings and facilities for common usage or group activity purposes, and one dwelling for resident manager or operator. The term "campground" as used in this ordinance does not include "mobile home parks" which are subject to the provisions of Section 10.9 of this ordinance.
10.10.3.
Zoning districts: A campground may be established under this ordinance by a special permit from the Planning Board as provided in Section 12.3 herein, in any residence or rural zoning district established under the Zoning Ordinance and as shown on the Zoning Map of the City.
10.10.4.
Special requirements: Any proposed campground shall comply with the development standards and operating criteria contained herein unless otherwise authorized by special permit from the Planning Board with regard to a specific requirement if the Board finds, after a public hearing, that the compliance with such specific requirement will cause unnecessary hardship and that the proposed alternative is in harmony with the intent and purpose of this ordinance and will provide equal protection to campsites and the neighborhood. These development standards and operating criteria are in addition to or in modification of other applicable provisions or requirements pertaining to the establishment and maintenance of such use contained in the State Building and Sanitary Codes, and any other applicable laws and regulations.
10.10.5.
Development standards and operating criteria:
(1)
The minimum lot area for a campground development shall be 20 acres.
(2)
The number of campsites in any one campground shall not exceed 150 sites.
(3)
There shall be a minimum of 20% of the total land area in a campground development left in its natural state.
(4)
Within the development, usable land areas shall be provided for recreational uses, suitably graded and landscaped, to serve the needs of the proposed development in accordance with reasonable site planning standards.
(5)
Off-street parking shall be provided for the cars of all patrons and employees together with the necessary access driveways to public ways. Such parking areas and access driveways shall be adequate in the judgment of the Planning Board depending on the number of campsites and terrain factors, and shall be treated to inhibit dust.
(6)
Parking and recreational areas shall be so designated and located as to be safely and conveniently accessible from campsites which they are intended to serve.
(7)
Within the development, vehicular and pedestrian circulation facilities shall be provided for safe and convenient use in accordance with reasonable site planning standards.
(8)
No driveway providing access from the street for such use shall be located within 50 feet of any side lot lines. Campsites, off-street parking areas and unenclosed recreational facilities shall be located not less than 100 feet from any property line and shall be screened in such a manner as to be not visible from adjacent lots in residential or institutional use.
(9)
Where outdoor lighting is provided for activities after normal daylight hours, such lights shall be extinguished not later than 11:00 p.m. Outdoor lighting shall be so shielded as to cast no direct light upon adjacent property or public ways.
(10)
No public address system shall be permitted except where such system is inaudible at any property line.
(11)
Campsites:
(a)
Each campsite shall contain not less than 2,500 square feet of area for the exclusive use of each site occupant, provided that there shall be not more than 10 campsites per gross acre devoted to such sites, and exclusive of all public open spaces.
(b)
Each campsite shall not have less than 50 feet frontage on an access driveway or way connected ultimately to a public street, and an average width of not less than 50 feet, and a minimum depth of 50 feet. This requirement shall not apply to so-called primitive areas where motor vehicles are excluded from the site.
(c)
Each campsite shall have an open unoccupied yard, five feet wide, along each campsite boundary line to serve as a buffer area between campsites.
(d)
Campsites shall be arranged so that:
1.
There shall be not more than 10 contiguous campsites on each side of the same way without separation by a way or a landscaped buffer strip not less than five feet wide.
2.
The landscaped buffer strips shall continue five feet wide along side or rear campsite lot lines, so as to separate the campsites into groups of not more than 20 surrounded by either landscaped or public spaces.
10.10.6.
Special permit from Planning Board:
(1)
A campground may be established under this ordinance only upon the issuance of a special permit from the Planning Board in accordance with the provisions of Section 9, Chapter 40A, of the General Laws, and in compliance with the requirements of this ordinance.
(2)
Authority: The Planning Board is hereby designated as the special permit granting authority under this ordinance as authorized in Section 1A, Chapter 40A, of the General Laws, as amended by Chapter 808 of the Acts of 1975.
(3)
Application: Any application to the Planning Board for a special permit under this ordinance shall be accompanied by a site plan which shall include, but not be limited to, the following:
(a)
The boundaries of the property and all roads and buildings within 500 feet of the property;
(b)
Proposed and existing roads, parking areas, required drainage and sanitary facilities, proposed grading, existing and proposed topography, proposed location of proposed buildings and the limits of proposed activities, proposed lighting and other utility installations, access and egress ways, together with a specific list of the proposed use or uses, including daytime and nighttime activities;
(c)
The location and size of all proposed campsites;
(d)
Names and mailing addresses of all abutting property owners as they appear on the most recent tax list.
(4)
Compliance with Section 12.3 required: Any special permit issued by the Planning Board under this section shall be in compliance with and subject to all the applicable provisions of Section 12.3 of this ordinance.
(5)
Compliance with state and City regulations: No special permit shall be issued by the Planning Board under this section unless the Board finds that the proposed facility is in compliance with the Commonwealth of Massachusetts and the City of North Adams public health regulations and any other laws and regulations pertaining to the establishment and maintenance of such use, and unless and until the Board of Health of North Adams has approved water supply, waste and refuse disposal methods and other aspects of the development which come under its jurisdiction.
10.11.
Affordable housing:
10.11.1.
Subject to a policy approved by the Planning Board and City Council.
10.12.
Licensed marijuana establishments.
(1)
Purpose. The purpose of this section is to provide for the placement of licensed marijuana establishments in suitable locations in the City of North Adams in recognition of and in accordance with "The Regulation of the Use and Distribution of Marijuana Not Medically Prescribed," MGL c. 94G, and "Act for the Humanitarian Medical Use of Marijuana," Session Laws, Acts of 2012, C. 369. The specific purpose of this section is to safeguard the built environment by permitting compliance with state law in a manner consistent with community and neighborhood concerns, while also ensuring that those entities permitted to operate a licensed marijuana establishment, as defined herein, comply with all of the provisions of Chapter 334 of the Acts of 2016, Chapter 351 of the Acts of 2016, Chapter 55 of the Acts of 2017, Chapter 180 of the Acts of 2017, and the regulations promulgated by the Cannabis Control Commission (CCC) found at 935 CMR 500.00 et seq.
(2)
Definitions.
CRAFT MARIJUANA COOPERATIVE
A marijuana cultivator comprised of residents of the commonwealth organized as a limited-liability company or limited-liability partnership under the laws of the commonwealth, or an appropriate business structure as determined by the Cannabis Control Commission, and that is licensed to cultivate, obtain, manufacture, process, package and brand marijuana and marijuana products to deliver marijuana or marijuana establishments but not to consumers.
EXISTING LICENSEE TRANSPORTER
An entity that is otherwise licensed by the Commission and also licensed to purchase, obtain, and possess marijuana or marijuana products solely for the purpose of transporting, temporary storage, sale and distribution on behalf of other marijuana establishments, medical marijuana treatment centers, or to other establishments, but not to Consumers.
IMPASSIBLE BARRIER
For the purposes of determining the 500 feet buffer zone, a highway, public or private way or path, inaccessible structure, body of water, or other obstruction that renders any part of the 500-foot straight-line distance between a Marijuana Establishment Entrance and a School Entrance inaccessible by a pedestrian or automobile.
INDEPENDENT TESTING LABORATORY
A laboratory that is licensed by the Commission and is: (i) accredited to the most current International Organization for Standardization 17025 by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the Commission; (ii) independent financially from any medical marijuana treatment center or any licensee or marijuana establishment for which it conducts a test; and (iii) qualified to test marijuana in compliance with 935 CMR 500.160 and MGL c. 94C, § 34.
LICENSED MARIJUANA ESTABLISHMENT (LME)
A marijuana courier, delivery operator, cultivator, testing laboratory, research facility, marijuana product manufacturer, marijuana retailer, micro-business, craft cooperative, or any other type of licensed marijuana-related business.
MARIJUANA COURIER
In entity licensed to deliver finished marijuana products, marijuana accessories and branded goods directly to consumers from a marijuana retailer, or directly to registered qualifying patients or caregivers from a medical marijuana treatment center, but is not authorized to sell marijuana or marijuana products directly to consumers, registered qualified patients or caregivers and is not authorized to wholesale, warehouse, process, repackage, or white label.
MARIJUANA CULTIVATOR
An entity licensed to cultivate, process, and package marijuana; to deliver marijuana to marijuana establishments; and to transfer marijuana to other marijuana establishments but not consumers; provided, however, that a marijuana cultivator shall not engage in outdoor cultivation.
MARIJUANA DELIVERY OPERATOR OR DELIVERY OPERATOR
An entity licensed to purchase at wholesale and warehouse finished marijuana products acquired from a marijuana cultivator, marijuana product manufacturer microbusiness or craft marijuana cooperative, and white label, sell and deliver finished marijuana products, marijuana accessories and marijuana branded good directly to consumers, but is not authorized to repackage marijuana or marijuana products or operate a storefront.
MARIJUANA MICRO-BUSINESS
A marijuana establishment that is licensed to act as a: licensed marijuana cultivator in an area less than 5,000 square feet; licensed marijuana product manufacturer, and licensed marijuana delivery service in compliance with the operating procedures for each such license.
MARIJUANA PRODUCT MANUFACTURER
An entity licensed to obtain, manufacture, process, and package marijuana and marijuana products; to deliver marijuana and marijuana products to marijuana establishments, and to transfer marijuana and marijuana products to other marijuana establishments but not consumers.
MARIJUANA PRODUCTS
Products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
MARIJUANA RESEARCH FACILITY
An entity licensed to engage in research projects by the Cannabis Control Commission.
MARIJUANA RETAILER
An entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell, or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.
MARIJUANA SOCIAL CONSUMPTION ESTABLISHMENT
An entity licensed to sell marijuana or marijuana Products and allow Consumers to consume marijuana or marijuana products solely on its Premises.
MEDICAL MARIJUANA TREATMENT CENTER
A not-for-profit entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers.
SCHOOL ENTRANCE
School Entrance means the entrance(s) that provide ingress and egress to students of the preexisting public or private or private school providing education in kindergarten or any grades 1 through 12 at the time of the newspaper publication of the proposed Marijuana Establishment’s community outreach[??] meeting under 935 CMR 500.000.
(3)
Designated locations for marijuana establishments. The locations designated by the City of North Adams where an LME may be sited are delineated in Appendix A[1] (Use Regulation Schedule): Retail, Service and Commercial Uses; Wholesale, Utilities, Transportation and Industrial Uses;
(a)
All LMEs must be set back at least 500 feet from any school, day-care center or similar facility where organized youth activities occur. The butter zone distance of 500 feet shall be measured in a straight line from the geometric center of the Marijuana Establishment Entrance to the geometric center of the nearest School Entrance, unless there is an Impossable Barrier within those 500 feet: in these cases, the buffer zone distance shall be measured along the center of the shortest publicly-accessible pedestrian travel path from the geometric center of the Marijuana Establishment Entrance to the geometric center of the nearest School Entrance. The special permit granting authority may modify or waive this requirement.
(b)
Any type of LME not specified in Appendix A may be located in the I-1 District.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(4)
Designated number of marijuana establishments.
(a)
The total number of marijuana retail establishments shall not exceed four (4).
(b)
The total number of all non-retail LMEs, not including medical marijuana treatment centers, may not exceed 50% of the number of licenses issued within the City for the retail sale of alcoholic beverages not to be drunk on the premises. Fractions of establishments shall be rounded up to the nearest whole number.
(c)
The total number of medical marijuana treatment centers shall not exceed one.
(d)
In the event that the number of licenses issued within the City for the retail sale of alcoholic beverages not to be drunk on the premises decreases, any LME, if then exceeding the limits as noted in Subsection (4)(a) and (b), may remain in operation.
(e)
There shall be no restrictions on the number of any particular type of LME permitted within the City, other than as regulated in Subsection (1)(a) and (c).
(5)
Special permit required. No LME shall be operated or expanded without first obtaining a special permit from the City of North Adams special permit granting authority in accordance with Sections 10.12 and 12.3 of the Zoning Ordinance.
(a)
The special permit granting authority for any LME shall be the Planning Board except in the Urban Renewal District, where the permit granting authority is the North Adams Redevelopment Authority.
(b)
A special permit shall only be valid for use by the applicant and will become null and void upon the sale or transfer of the license of an LME or change in the location of the business.
(c)
In the event that the commonwealth's licensing authority suspends the license or registration of a marijuana establishment, the special permit shall be so suspended by the City until the matter is resolved to the satisfaction of said licensing authority.
(d)
The special permit shall be considered null and void if meaningful construction has not begun on the project within two years of obtaining said permit, as determined by the Building Inspector or their designee(s).
(6)
Site plan review. Applications to operate or expand an LME shall be subject to Section 12.4 of the Zoning Ordinance. The site plan shall be submitted in conjunction with the special permit application and joined to the final approval for the special permit.
(7)
General requirements.
(a)
Outside storage. No outside storage of marijuana, marijuana products, related supplies, or educational materials is permitted, except for outdoor, open air cultivation operations.
(b)
Visibility of activities. All activities of any LME shall be conducted indoors, except for outdoor, open air cultivation operations.
(c)
Paraphernalia. Devices, contrivances, instruments and paraphernalia for inhaling or otherwise consuming marijuana, including, but not limited to, rolling papers and related tools, water pipes, and vaporizers may be lawfully sold at a marijuana retailer. No retail marijuana, marijuana products, or paraphernalia shall be displayed or kept in a retail marijuana store so as to be visible from outside of the licensed premises.
(d)
Hours of operation. Operating hours of a marijuana retailer shall be consistent with the regulations for "Alcoholic Liquors," MGL c. 138, unless determined otherwise by the special permit granting authority. There shall be no hourly restrictions on any other type of LME, unless imposed by the special permit granting authority as part of site plan approval.
(e)
On-site consumption of marijuana. The use, consumption, ingestion or inhalation of marijuana or marijuana products shall only be permitted at licensed research facilities, as per 935 CMR 500.050(6)(c), within the confines of the building. On-site consumption is prohibited on or within the premises of any other LME.
(f)
Sale of alcohol. LMEs are prohibited from selling alcoholic beverages.
(8)
Design requirements. The following are required for all proposed operations of an LME.
(a)
Permanent location. Each LME and any part of its operation, including but not limited to, cultivation, processing, packaging, and sales, shall be operated from a fixed location within a fully enclosed building. No marijuana establishment shall be permitted to operate from a moveable, mobile, or transitory location, except for outdoor, open air cultivation operations.
(b)
Signage. All signage must comply with the regulations set forth in Section 7, Sign Regulations.
(c)
Lighting. Outdoor light levels shall not exceed one footcandle along property lines, nor 10 footcandles for any location on the property. Any light poles, new or existing, may not exceed 18 feet in overall height. All outdoor light fixtures must be shielded and aimed down in order to prevent light trespass onto adjacent properties. The special permit granting authority may modify this requirement if, upon recommendation by the Police Director, it is required for adequate safety and security.
(d)
Landscaping. The proposed site shall provide landscaping to harmonize the LME with surrounding uses. Landscaping shall be provided as per the requirements listed in Section 6.7.3, Parking lot landscaping. Trees and shrubs may be clustered. Landscaping must consist of native, non-invasive plant species. The special permit granting authority may modify or waive this requirement.
(e)
Parking. Off-street parking must be provided for any LME as specified in Section 6.4, Off-street parking requirements.
(f)
Drive-through facilities. LMEs are prohibited from installing an on-site drive-through facility.
(g)
Fencing. Fencing may be required if determined necessary by the Police Director or the Planning Board. The location, height and type of fencing may be determined by the Planning Board as a condition of the special permit approval. In no instance shall barbed-wire fencing be permitted.
(h)
Waste disposal. There shall be no outdoor storage of waste, including dumpsters, for any marijuana retailer. All waste generated shall be secured indoors, to be serviced by a professional janitorial company or medical waste company.
(9)
Filing requirements. Applications to permit an LME must be submitted to the Building Inspector, or their designee(s). Such applications for LMEs shall include the following:
(a)
Site plan. A site plan shall be submitted that includes all information required per Section 12.4.5, Site plan, and must also include the following:
1.
The names, mailing addresses, phone numbers, email addresses, and signatures of the applicant, owner, and operator.
2.
Physical address (if one exists), and the map, lot, and block number of the proposed site.
(b)
Security plan. A security plan shall be submitted, to ensure the safety of employees, patrons, and the public to protect the premises from theft or other criminal activity. The security plan shall be reviewed and approved by the local Police Director, or their designee. The security plan shall include the following:
1.
An interior floorplan (including secured areas, windows, doors, etc.).
2.
Exterior lighting.
3.
Fencing (if any).
4.
Gates (if any).
5.
Alarms.
6.
Any other security measures as requested by the Police Director.
(c)
Traffic study. The Planning Board may require a traffic study that includes an analysis of traffic generation, circulation, and off-street parking demand to determine sufficient parking and optimum configuration for site ingress and egress.
(d)
State license. A copy of the license or registration as an LME from the Massachusetts Cannabis Control Commission or documentation that demonstrates that said facility and its owner/operators qualify and are eligible to receive a certification of registration and meet all of the requirements of an LME in accordance with the regulations adopted by the Commission, as amended.
(e)
Proof of site control. Evidence that the applicant has site control and the right to use the site for an LME in the form of a deed, valid lease, or purchase and sale agreement or a notarized statement from the property owner certifying the applicant has firm site control.
(10)
Discontinuance of use. Any LME under this section shall be required to remove all material, plants, equipment, and other paraphernalia in compliance with regulations established by the Cannabis Control Commission within 30 days after the expiration or voiding of its license.
(11)
No City liability; indemnification.
(a)
The applicant and all licensees waive and release the City, its elected officials, employees, and agents from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of the LME owners, operators, employees, clients, or customers for a violation of state or federal laws, rules, or regulations.
(b)
The applicant, in receiving approvals issued pursuant to this chapter, and all licensees, jointly and severally, if more than one, agree to indemnify, defend and hold harmless the City, its elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage or any other loss of any kind whatsoever, arising out of or in any manner connected with the operation of the LME that is subject of the approval/license.
(12)
Annual inspection.
(a)
Any operating LME within the City shall be inspected annually by the Building Inspector, or their designee(s), to ensure compliance with this Section 10.12 and with any conditions imposed by the Planning Board as a condition of the special permit approval.
(b)
The first annual inspection shall be more than one year after beginning operation, but before two years of beginning operation.
(13)
Other laws remain applicable.
(a)
Business license required. At all times while a permit is in effect the licensee shall possess a valid license.
(b)
To the extent that the state has adopted or adopts in the future any additional or stricter law or regulation governing the cultivation, manufacturing, testing, research or retail of marijuana or marijuana products, the additional or stricter regulation shall control the LME in the City. Compliance with any applicable state law or regulation shall be deemed an additional requirement for issuance or denial of any license under this chapter, and noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of any license issued hereunder.
(c)
Any LME may be required to demonstrate, upon demand by law enforcement officers of the City of North Adams and/or the local licensing authority, the source and quantity of any marijuana found upon the licensed premises are in full compliance with any applicable state law or regulation.
(d)
The issuance of any license pursuant to this chapter shall not be deemed to create an exception, defense or immunity to any person in regard to any potential criminal liability the person may have for the cultivation, possession, sale, distribution, or use of marijuana.
(e)
Prior to the issuance of a special permit, the LME must have entered into a host community agreement (HCA) with the City. If, upon review by the City Council, the LME is found to not be fully in compliance with the HCA, the special permit and/or the local license may be suspended or rescinded.
10.13.
Short-term rentals.
10.13.1.
Purpose. The purpose of this section to protect and promote the health, safety and well-being of North Adams residents and visitors, to ensure that the primary use of residential properties remains residential, and to ensure that the short-term rental of residential units will not be a detriment to the character and livability of the surrounding residential neighborhood by establishing a process by which short-term rental units shall be registered for such use and operated under the regulations set forth hereinafter.
10.13.2.
Definitions. For the purposes of this Section 10.13, certain terms or words shall be as defined below.
DWELLING UNIT
As defined in c.Z § 13.
LOCAL AGENT IN CHARGE
The individual, company, or other legal entity contracted by the owner of a professionally-managed short-term rental to supervise and maintain the property, respond to nuisance complaints, and other issues with the property and its day-to-day operation as a short-term rental, whereby said local agent is located within a twenty-five (25) mile radius of said unit.
OWNER-ADJACENT SHORT-TERM RENTAL
A dwelling unit made available for short-term rental that is not the primary residence of the operator, but is located within a residential building with no more than four dwelling units where all dwelling units in the building are owned by the operator, and one of the dwelling units in the building is the primary residence of the operator.
PRIMARY RESIDENCE
The dwelling unit in which the operator has resided for at least six (6) months and one (1) day of the preceding twelve (12) month period. Primary residence is demonstrated by evidence that, as of the date of registration of the dwelling unit as a short-term rental unit, the operator has resided in the dwelling unit for at least six (6) months and one (1) day of the past twelve (12) months.
PROBLEM PROPERTY
Any dwelling unit located at an address to which the Police Department has been called four (4) or more times within the preceding twelve (12) month period for any incident involving an arrestable offense committed by the short-term rental operator thereof or short-term occupants therein; or where the Department of Inspection Services and/or the board of health have received two (2) or more complaints within the preceding twelve (12) months.
PROFESSIONALLY-MANAGED SHORT-TERM RENTAL
A dwelling unit made available for short-term rental that is neither the primary residence of the operator nor is located within the same residential building as the operator's primary residence and the management of which is conducted by a local agent in charge.
SHORT-TERM RENTAL
Any rental via advanced reservation of a dwelling unit, or of a bedroom therein, in exchange for payment, as residential accommodations for a duration of fewer than thirty (30) consecutive days that is not within a hotel, motel, lodging house, or bed-and-breakfast.
SHORT-TERM RENTAL OF PRIMARY RESIDENCE
A dwelling unit, not exceeding three (3) individual bedrooms therein, made available for short-term rental which is the primary residence of its operator.
SHORT-TERM RENTAL OPERATOR
The person or persons offering a dwelling unit, or a bedroom therein, of which they are the legal owner(s).
SHORT-TERM RENTER
Any person or persons occupying a dwelling unit, or a bedroom therein, as a short-term rental for a duration of fewer than thirty (30) consecutive days.
SOCIAL EVENT
Events or parties on the premises of a short-term rental involving ten (10) or more individuals in addition to the short-term renter.
10.13.3.
Ineligible dwelling units. The following dwelling units are not eligible to be operated as short-term rentals:
(1)
Dwelling units that are not operator-occupied, owner-adjacent or professionally-managed as defined herein.
(2)
Dwelling units that are located within problem properties pursuant to 10.13.2(10).
(3)
Dwelling units that are the subject of three (3) or more findings of violations of this section by the Department of Inspection Services within a six (6) month period, or three (3) or more violations of any municipal or state law or code relating to excessive noise, improper disposal of trash, disorderly conduct, or are the subject of three (3) or more nuisance complaints within a six (6) month period. Dwelling units found ineligible pursuant to this subsection shall remain ineligible for a period of twelve (12) months following the third violation or complaint.
(4)
Dwelling units located within a property subject to any outstanding building, health, sanitary, zoning, or fire code violations, orders of abatement, stop work orders, unpaid taxes, water/sewer or tax liens, or other existing judgments or penalties imposed by the city and without resolution. If a violation or other order is issued after the dwelling unit has been registered, Inspection Services shall suspend the dwelling unit's registration until the violation is remedied or otherwise resolved.
(5)
Accessory Dwelling Units.
10.13.4.
Requirements.
(1)
Operator-occupied and owner-adjacent short-term rentals are allowed by-right in all zoning districts except within the AP-I and AH-I districts.
(2)
Professionally-managed units are allowed by-right with Site Plan Approval in the B-1, B-2, CBD, S-1, and I-1 zoning districts and by Special Permit in the RU-1, R-2, R-3, R-4, and R-S zoning districts.
(3)
Short-term rentals shall be subject to the following requirements:
(a)
All short-term rentals must satisfy the requirements set forth in the Massachusetts State Building Code in accordance with the following classification schedule:
(i)
Operator-occupied or owner-adjacent short-term rentals in a single- or two-family home shall comply with the Building Code requirements for single- and two-family homes.
(ii)
Operator-occupied short-term and owner-adjacent rentals in a multifamily home, apartment or condominium building shall comply with the Building Code requirements for Residential Group R-2.
(iii)
Professionally-managed short-term rental units, excepting those operated within single- and two-family homes, shall comply with Building Code regulations for Residential Group R-1. Professionally-managed short-term rental units operated within single- and two-family homes shall comply with the Building Code requirements for Residential Group R-2.
(b)
All short-term rental operators shall register with the Department of Inspection Services prior to short-term rental use and occupancy pursuant to § 10.13.6.
(c)
A dwelling unit, or bedroom that is a portion thereof, offered as a short-term rental unit shall comply with all standards and regulations promulgated by the Department of Inspection Services.
(d)
The number of occupants of a short-term rental shall not exceed the legal occupancy of the dwelling unit.
(e)
Short-term rental operators shall at all times remain compliant with state laws and regulations regarding fees, taxes, registration, and insurance.
(f)
An owner-adjacent short-term rental may be rented to only one party of short-term renters at any one time.
(g)
An operator-occupied short-term rental unit from which the operator is away for a period of more than seven (7) days may be rented to only one party of short-term renters.
(h)
The number of individual bedrooms made available within a short-term rental unit shall not be greater than the number of lawful bedrooms contained within the dwelling unit.
(i)
Commercial meetings and uses are prohibited in all short-term rentals.
(j)
Social events with attendance of more than ten (10) individuals are prohibited in all short-term rentals.
(k)
Any pool or spa made available as part of a short-term rental shall comply with the requirements for semi-public pools and spas as set forth in 105 CMR43S.
10.13.5.
Regulations.
(1)
The Department of Inspection Services shall have the authority to promulgate regulations to carry out and enforce the provisions of this § 10.13 "Short-term Rentals."
(2)
The Department of Inspection Services shall make regulations readily available to the public.