West Springfield City Zoning Code
ARTICLE VII
Special District Regulations
§ 300-7.1 Water Supply Protection District.
A.
Purpose: to promote the health, safety and welfare of the community by protecting and preserving the surface and groundwater resources of the Town and the region from any use of land or buildings which may reduce the quality and quantity of its water resources.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
AQUIFER
Geologic formation composed of rock or sand and gravel that contains significant amounts of potentially recoverable potable water.
GROUNDWATER
All water found beneath the surface of the ground.
HAZARDOUS WASTE
A waste which is hazardous to human health or the environment. Hazardous wastes have been designated by 310 CMR 30.130 adopted pursuant to the Massachusetts Hazardous Waste Management Act, Massachusetts General Laws Chapter 21C.
IMPERVIOUS SURFACES
Materials or structure on or above the ground that do not allow precipitation to infiltrate the underlying soil.
PRIMARY AQUIFER RECHARGE AREA
Areas which are underlain by surficial geologic deposits, including glaciofluvial or lacustrine stratified drift deposits or alluvium or swamp deposits, and in which the prevailing direction of groundwater flow is toward public water supply wells or potential sites for such wells.
SECONDARY AQUIFER RECHARGE AREA
Areas which are underlain by surficial geologic deposits, including till or bedrock, and in which the prevailing direction of surface water flow is toward public water supply wells or potential sites for such wells.
TOXIC OR HAZARDOUS MATERIAL
Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water of the Town of West Springfield. Toxic or hazardous materials include, without limitation, synthetic organic chemicals, petroleum products, heavy metals, radioactive or infectious wastes, acids and alkalis, and all substances defined as toxic or hazardous under Massachusetts General Laws (MGL) Chapters 21C and 21E and 310 CMR 30.00, and also include such products as solvents and thinners in quantities greater than normal household use.
TRUCKING TERMINAL
Business which services or repairs commercial trucks which are not owned by the business.
WASTEWATER TREATMENT WORKS SUBJECT TO 314 CMR 5.00
Any wastewater treatment plants or works, including community septic systems, which require a permit from the Massachusetts Department of Environmental Protection.
WATERSHED
Land lying adjacent to watercourses and surface water bodies which create its catchment or drainage areas of such watercourses and bodies.
ZONE I RECHARGE AREA
That circle of a four-hundred-foot radius extending around the wellhead of a drinking water well with the wellhead at its center and including all land within the boundaries of said circle.
ZONE II RECHARGE AREA
That area of an aquifer which contributes water to a well under the most severe pumping and recharge conditions that can be realistically anticipated (180 days of pumping at safe yield, with no recharge from precipitation). It is bounded by the groundwater divides which result from pumping the well and by the contact of the aquifer with less permeable materials such as till or bedrock. In some cases, streams or lakes may act as recharge boundaries. In all cases, Zone II shall extend upgradient to its point of intersection with prevailing hydrogeologic boundaries (a groundwater flow divide a contact till or bedrock, or a recharge boundary).
C.
Scope of authority. The Water Supply Protection District is an overlay district and shall be superimposed on the other districts established by this ordinance. All regulations of the Town of West Springfield Zoning Ordinance applicable to such underlying districts shall remain in effect, except that where the Water Supply Protection District imposes additional regulations, such regulations shall prevail.
D.
District delineation.
(1)
The Water Supply Protection District is herein established to include all lands within the Town of West Springfield lying within the primary and secondary recharge areas of groundwater aquifers and watershed area of reservoirs which now or may in the future provide public water supply. The map entitled "Water Supply Protection District, Town of West Springfield," on file with the Town Clerk, delineates the boundaries of the district.
(2)
Where the bounds delineated are in doubt or in dispute, the burden of proof shall be upon the owner(s) of the land in question to show where they should properly be located. At the request of the owner(s), the Town may engage a professional hydrogeologist to determine more accurately the location and extent of an aquifer or primary recharge area, and may charge the owner(s) for all or part of the cost of the investigation.
E.
Permitted uses. The following uses are permitted within the Water Supply Protection District, provided that they comply with all applicable restrictions in this ordinance, including but not limited to Subsections F and G of this section:
(1)
Single-family residences;
(2)
Residential accessory uses, including garages, driveways, private roads, utility rights-of-way, and on-site wastewater disposal systems;
(3)
Agricultural uses such as farming, grazing and horticulture;
(4)
Forestry and nursery uses;
(5)
Outdoor noncommercial recreational uses, including fishing, boating, play areas, hiking, nature study, and picnicking, but excluding court and field sports such as tennis and baseball;
(6)
Conservation of water, plants, and wildlife; wildlife management areas;
(7)
Family home day care and child-care facilities;
(8)
Structures for nonprofit educational or religious purposes.
F.
Prohibited uses. The following uses are prohibited within the Water Supply Protection District:
(1)
Business and industrial uses, not including agriculture, horticulture, floriculture or viticulture, which generate, treat, store, or dispose of hazardous wastes, including but not limited to metal or jewelry plating, chemical or plastics manufacturing, wood preserving, furniture stripping, dry cleaning, and auto body repair, photography laboratories, asphalt plants, hazardous materials processing or transfer, laboratory operations, machine shops, metal working, electronic components or semi-conductor manufacturing, except for the following:
(a)
Very small quantity generators of hazardous waste, as defined by 310 CMR 30, as amended, which generate less than 20 kilograms or six gallons of hazardous waste per month may be allowed by special permit in accordance with Article XII of this ordinance;
(b)
Household hazardous waste collection centers or events operated pursuant to 310 CMR 30.390, as amended;
(c)
Waste oil retention facilities required by MGL c. 21, § 52A; and
(d)
Treatment works for the remediation of contaminated water supplies, which are approved by Massachusetts Department of Environmental Protection and designed in accordance with 314 CMR 5, as amended.
(2)
Solid waste landfills, dumps, auto recycling, junk and salvage yards, landfilling or storage of sludge and septage, with the exception of the disposal of brush or stumps.
(3)
Storage of liquid petroleum products, except for the following:
(a)
Storage which is incidental to: normal household use, outdoor maintenance, or the heating of a structure; emergency generators required by statute, rule or regulation; waste oil retention facilities required by statute, rule, or regulation; treatment works approved by the Massachusetts Department of Environmental Protection designed in accordance with 314 CMR 5.00 for the treatment of contaminated groundwater or surface waters; provided that storage, listed in Subsection F(3)(a) above, shall be in a freestanding, aboveground container within a structure or within the basement of a structure with secondary containment adequate to contain a spill the size of the container's total storage capacity. The storage tank and piping must comply with all applicable provisions of 527 CMR 9.00, Massachusetts Board of Fire Prevention regulations.[1]
[1]
Editor's Note: See now 527 CMR 1.00, the Massachusetts Comprehensive Fire Safety Code.
(b)
Replacement storage tanks.
[1]
Replacement of storage tanks or systems for the keeping, dispensing or storing of gasoline, which existed the time of adoption of this ordinance, provided that:
[a]
All such replacement storage tanks or systems shall be located underground as required by Massachusetts Board of Fire Prevention regulation 527 CMR 14[2];
[2]
Editor's Note: See now 527 CMR 1.00, the Massachusetts Comprehensive Fire Safety Code.
[b]
All such storage systems shall be protected by one of the secondary containment systems specified in Massachusetts Board of Fire Prevention regulations 527 CMR 9.08(3)[3];
[3]
Editor's Note: See now 527 CMR 1.00, the Massachusetts Comprehensive Fire Safety Code.
[c]
The head of the Fire Department may deny an application for tank replacement or approve it subject to conditions if he or she determines that it constitutes a danger to public or private water supplies, in accordance with 527 CMR 9.26(4)(d).[4]
[4]
Editor's Note: See now 527 CMR 1.00, the Massachusetts Comprehensive Fire Safety Code.
[2]
Replacement of all other storage tanks for liquid petroleum products other than gasoline must be above ground, in accordance with Subsection F(3)(a) above.
(4)
Outdoor storage of salt, deicing, pesticides or herbicides.
(5)
Dumping or disposal of any hazardous material or hazardous waste on the ground, in water bodies, in septic systems or in other drainage systems. This shall include the use of septic system cleaners which contain toxic chemicals such as methylene chloride and 1-1-1 trichlorethane.
G.
Performance standards. All uses, whether allowed by special permit or by right, must meet the performance standards herein:
(1)
Sodium chloride for ice control shall be used at the minimum salt-to-sand ratio which is consistent with the public highway safety requirements, and its use shall be eliminated on roads which may be closed to the public in winter.
(2)
The storage of sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for the removal of ice and snow on roads shall be covered and located in a paved surface with berms, or within a structure designed to prevent the generation and escape of contaminated runoff.
(3)
Fertilizers, pesticides, herbicides, lawn care chemicals, or other leachable materials shall be used in accordance with the Lawn Care Regulations of the Massachusetts Pesticide Board, 333 CMR 10.03 (30, 31), as amended, with manufacturer's label instructions and all other necessary precautions to minimize adverse impacts on surface water and groundwater.
(4)
The storage of commercial fertilizers and soil conditioners shall be within structures designed to prevent the generation and escape of contaminated run-off or leachate.
(5)
All new long-term animal manure storage areas shall, at a minimum, be covered or contained to prevent the generation and escape of contaminated run-off or leachate.
(6)
All hazardous materials, as defined in MGL Chapter 21E, must be sorted either in a freestanding container within a building, or in a freestanding container above ground level with protection to contain a spill the size of the container's total storage capacity.
(7)
For commercial and industrial uses, to the extent feasible, run-off from impervious surface shall be recharged on the site by stormwater infiltration basins or similar systems covered with natural vegetation. Such run-off shall not be discharged directly to rivers, streams, or other surface water bodies. Dry wells shall be used only where other methods are infeasible. All such basins and wells shall be preceded by oil, grease, and sediment traps to facilitate removal of contamination. All recharge areas shall be permanently maintained in full working order by the owner(s). Infiltration systems greater than three feet deep shall be located at least 100 feet from drinking water wells, and shall be situated at least 10 feet down-gradient and 100 feet up-gradient from building foundations to avoid seepage problems. Infiltration basins and trenches shall be constructed with a three-foot-minimum separation between the bottom of the structure and maximum groundwater elevation.
(8)
In accordance with the State Plumbing Code, all vehicle maintenance facilities must have floor drains, unless they receive a variance from the State Plumbing Board, which must be connected to a municipal sewer system or to a state-approved holding tank in unsewered areas. All other facilities which use, store or maintain hazardous materials or wastes must, with state approval, seal floor drains or connect them to a sewer system or holding tank.
(9)
Excavation for removal of earth, sand, gravel and other soils shall not extend closer than 10 feet above the annual high groundwater table. A monitoring well shall be installed by the property owner to verify groundwater elevations. This subsection shall not apply to excavations incidental to permitted uses, including but not limited to providing for the installation or maintenance of structural foundations, freshwater ponds, utility conduit or on-site sewage disposal. This subsection shall apply to all commercial earth removal operations, including expansions of existing operations.
(a)
Access road(s) to extractive operations sites shall include a gate or other secure mechanism to restrict public access to the site.
(b)
As soon as possible after earth removal is completed, the land shall be restored and stabilized with topsoil and plantings of trees and natural vegetation.
H.
Area regulations.
(1)
Within the primary watershed area, the minimum allowable lot size shall be 30,000 square feet.
(2)
The maximum size for any mowed, grass lawn shall be 10,000 square feet.
(3)
The maximum coverage of impermeable surfaces on any lot, including but not limited to structures, driveways and parking areas, shall be 20% of the lot.
I.
Drainage. For all residential lots, all run-off from impervious surfaces (see definition[5]) shall be recharged on the site by being diverted toward areas covered with vegetation for surface infiltration to the extent possible. Dry wells shall be used only where other methods are infeasible, and shall be preceded by oil, grease and sediment traps to facilitate removal of contamination. All recharge areas shall be permanently maintained in full working order by the owner.
[5]
Editor's Note: See Subsection B of this section.
J.
Utility requirements. All new residential uses must be tied in to the municipal sewer system.
K.
Nonconforming use. Nonconforming uses which were lawfully existing, begun or in receipt of a building or special permit prior to the first publication of notice of public hearing for this ordinance may be continued. Such nonconforming uses may be extended or altered, as specified in MGL c. 40A, § 6, provided that there is a finding by the Planning Board that such change does not increase the danger of surface water or groundwater pollution from such use.
§ 300-7.3 Development within Flood Hazard Overlay Districts.
A.
Purpose. The purposes of establishing the foregoing development standards within the Flood Hazard Overlay Districts of West Springfield are to:
(1)
Ensure public safety through reducing the threats to life and personal injury due to flooding;
(2)
Eliminate new hazards to emergency response officials;
(3)
Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;
(4)
Avoid the loss of utility services that, if damaged by flooding, would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;
(5)
Eliminate costs associated with the response to and cleanup of flooding conditions;
(6)
Reduce damage to public and private property resulting from flooding waters.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
BASE FLOOD
The one-hundred-year flood; otherwise designated as the flood that has a 1% possibility of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION
The elevation reached by the one-hundred-year flood. For flood hazard areas contained within the floodway and flood fringe, the base flood elevation is given on the Flood Insurance Rate Map and in the Flood Insurance Study report.
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including but not limited to erection of buildings or other structures, and mining, dredging, filling, grading, paving, excavation or drilling operations.
ELEVATION
Unless otherwise indicated, all elevations are above mean sea level determined from the Town datum, and are to be obtained by interpolation between contours on the West Springfield Topographic Map or by field measurement.
FIA REGULATIONS
Rules and Regulations of the Federal Insurance Administration pertaining to the National Flood Insurance Program (44 CFR 59 et seq.).
FLOOD FRINGE
That land lying between a designated floodway and the designated limits of inundation by the base (one-hundred-year) flood as designated within the Town of West Springfield on the Hampden County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the NFIP, dated July 16, 2013, and further defined by the Flood Insurance Study booklet dated July 16, 2013.
FLOOD HAZARD AREA
An area incorporating the base flood and identified as Zone A and Zone AE as designated within the Town of West Springfield on the Hampden County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the NFIP, dated July 16, 2013, and further defined by the Flood Insurance Study booklet dated July 16, 2013.
FLOOD HAZARD ZONE A
The one-hundred-year floodplain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state, local, or other data.
FLOOD HAZARD ZONE AE
The one-hundred-year floodplain where the base flood elevation has been determined.
FLOOD INSURANCE RATE MAP
A map prepared by the Federal Emergency Management Agency which delineates the boundaries of the various areas of the Town which are designated as being subject to possible flooding, indicates the base flood elevations for those areas, and carries certain other information for insurance purposes.
FLOODPROOFED
Structures which meet the requirements of FIA Regulations 1910.3(c)3, 4, including for the purposes of this section all requirements for certification contained therein.
FLOODWAY
The channel of a stream plus any portion of the adjacent bank and land designated to be kept free of encroachment so that the discharge of the base flood may be carried without increase in flood elevation as designated within the Town of West Springfield on the Hampden County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the NFIP, dated July 16, 2013, and further defined by the Flood Insurance Study booklet dated July 16, 2013.
SUBSTANTIAL IMPROVEMENT
Any reconstruction or improvement of a structure, or repair of a damaged structure, the cost of which equals or exceeds 50% of the market value of such structure before the reconstruction or improvement was commenced or before the damage occurred.
WEST SPRINGFIELD TOPOGRAPHIC MAP
Topographic features of West Springfield compiled by photogrammetric methods from aerial photographs dated March 30, 1998 (as updated). The topographic map meets National Map Accuracy Standards for one inch equals 40 feet maps with one-foot contours. Horizontal datum is NAD83 MA State Plane. Vertical datum is NAVD88. The map is maintained by the Town's Information Technologies Department as part of the municipal Geographic Information System.
C.
Establishment of flood hazard areas. Sections 300-3.1 and 300-3.4 of the West Springfield Zoning Ordinance establish Flood Hazard Overlay Districts within which the restrictions of this section apply. The Flood Hazard Overlay District includes all special flood hazard areas within the Town of West Springfield designated as Zone A or AE on the Hampden County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Hampden County FIRM that are wholly or partially within the Town of West Springfield are panel numbers 25013C0190E, 25013C0191E, 25013C0192E, 25013C0193E, 25013C0194E, 25013C0213E, 25013C0377E, 25013C0381E, 25013C0382E, 25013C0383E, 25013C0384E, 25013C0401E, 25013C0402E, 25013C0403E, and 25013C0404E, dated July 16, 2013. The exact boundaries of the district may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Hampden County Flood Insurance Study (FIS) report dated July 16, 2013. The FIRM and FIS report are incorporated herein by reference.
D.
Permits required. No development shall take place in any Flood Hazard Overlay District until all necessary local, state, and federal permits, including those required under MGL c. 131, § 40, have been obtained and evidence of such permits has been submitted to and recorded by the Building Commissioner.
E.
Records. The Building Commissioner shall be the custodian of records of all permits, data and other information, including base flood elevations, elevation of lowest floors, and levels of floodproofing required under this section.
F.
Alteration and relocation of streams. No river or stream shall be altered or relocated in such a way as to reduce its carrying capacity for floodwaters. Prior to the alteration or relocation of any river or stream, the following parties must be notified in writing:
(1)
West Springfield Conservation Commission.
(2)
Abutting communities.
(3)
NFIP State Coordinator.
MA Department of Conservation and Recreation 251 Causeway Street, Suite 600-700 Boston, MA 02114 |
(4)
NFIP Program Specialist.
FEMA Region I 99 High Street, 6th Floor Boston, MA 02110 |
(5)
Any successor to the above-referenced agencies.
G.
Prohibited structures and uses: floodway. In Zone AE, along watercourses within the Town of West Springfield that have had a regulatory floodway designated on the Hampden County Flood Insurance Rate Maps, within any floodway, there shall be no new fixed structures and no substantial improvement of existing structures, no permanent mooring of floating structures or vessels, no storage of vessels, vehicles, structures, or materials other than agricultural products originating on the site, and no alteration of the channel or topography. Encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
H.
Reference to existing regulations.
(1)
All development in the Flood Hazard Overlay District, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40 and with the following:
(a)
Massachusetts State Building Code that addresses floodplain and coastal high-hazard area (currently 780 CMR), as amended;
(b)
Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00), as amended;
(c)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00), as amended;
(d)
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5), as amended.
(2)
Any variances from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.
I.
Base flood elevation data and floodway data.
(1)
In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. Where no floodway data has been developed, the floodway includes the channel of any stream within the area.
(2)
Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A Zones.
J.
Subdivision proposals. All subdivision proposals must be designed to assure that:
(1)
Such proposals minimize flood damage;
(2)
All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
(3)
Adequate drainage is provided to reduce exposure to flood hazards.
§ 300-7.5 Special Use (Technical), Special Use (Office), Special Use (Multifamily) and Special Use (Mobile Home) Districts.
A.
Purpose. The purpose of all Special Use Zoning Districts is to encourage the flexible, orderly and rational development of larger parcels of land, i.e., five acres or more. More specifically, Special Use Zoning Districts are intended to help accomplish the following goals, subgoals and policies of the 1977 Master Plan:
(1)
To promote choice and opportunity in the living and working environments of the Town.
(2)
To offer affordable housing to all residents of West Springfield.
(3)
To allow for a variety of housing types within the Town.
(4)
To develop active and passive recreational areas.
(5)
To pursue land use and other policies which maintain or improve the Town's environmental quality, e.g., air and water, and which conserves valuable natural resources.
B.
Permitted uses. See Table 5-4 in Article V, Use Regulations, to determine which uses are permitted in the Special Use (Technical), Special Use (Office), Special Use (Multifamily), and Special Use (Mobile-Home) Districts.[1]
[1]
Editor's Note: Table 5-4 is included as an attachment to this chapter.
C.
Combination of Special Use Districts.
(1)
In order that the Town may retain the flexibility to encourage a rational, well-designed mix of principal uses on any one parcel, nothing herein shall preclude the West Springfield Town Meeting from rezoning such parcel to two or more of the Special Use Districts.
(2)
In the event a combination of Special Use Districts is proposed, the total area of such combination shall not be less than five acres. In addition, all other requirements of Subsections D through I and, if appropriate, Subsection J shall be met.
D.
Dimensional requirements. See Tables 6-1 and 6-2 for the dimensional requirements in all Special Use Districts.[2] For additional dimensional requirements for the Special Use (Mobile Home) District see § 300-8.3.
[2]
Editor's Note: Tables 6-1 and 6-2 are included as attachments to this chapter.
E.
Development standards. See § 300-9.8 for development standards.
F.
Landscaping requirement. See § 300-9.7 for landscaping requirements.
G.
Parking requirements. See § 300-9.0 for parking requirements.
H.
Signs. For sign standards see § 300-9.2.
I.
Environmental performance requirements. For environmental performance standards see § 300-9.6.
J.
Additional development standards for mobile home parks in the SU-H District. See § 300-8.5 for additional development standards for mobile home parks in the SU-H District.
§ 300-7.7 Planned Unit Development District.
A.
Purpose. It is the purpose of the Planned Unit Development District to promote greater flexibility in land use and building design by permitting modification of the specific provisions of this ordinance for designated areas that will be developed as a single entity, provided that the development is compatible with the surrounding land uses and consistent with the Town's Master Plan. A planned unit development is also intended to provide for a mixture of land uses, including residential, commercial and/or industrial; the creative use of open space; the protection of natural resources and environmentally sensitive areas; and greater amenities to the occupants and users of the development.
B.
Minimum planned unit development area. A parcel may not be rezoned to planned unit development unless it contains at least three acres in area. Two or more owners of parcels which are less than three acres in area may submit a cooperative petition for a PUD, provided that the total area to be rezoned equals at least three acres in size.
C.
Permitted uses. A petition to Town Meeting to rezone land to planned unit development shall designate the principal and secondary uses that are proposed in the development. There shall be no change in the permitted or secondary uses unless approved by Town Meeting.
(1)
Principal uses. The permitted principal uses shall be those uses which are listed as permitted uses for a single zoning district in Table 5-1, 5-2, or 5-3 of the West Springfield Zoning Ordinance.[1] The petitioner shall select which zoning district is proposed as the guide for permitted principal uses in the planned unit development. All principal uses are permitted by right in the planned unit development, subject to the restriction contained in Table 5-1, 5-2 or 5-3.
[1]
Editor's Note: Tables 5-1, 5-2 and 5-3 are included as attachments to this chapter.
(2)
Secondary uses. The permitted secondary uses shall be those uses which are listed as permitted uses in no more than two other zoning districts. All proposed secondary uses must be approved by the Planning Board.
(3)
Mixture of principal and secondary uses. Permitted principal uses may occupy up to 100% of the land area in the planned unit development. Permitted secondary uses may occupy up to 35% of the land area in the planned unit development. If secondary uses are proposed, they shall not occupy less than one acre or 10% of the land area of the PUD, whichever is greater.
D.
Development density.
(1)
The maximum permitted development density for both principal and secondary uses in a planned unit development shall not exceed the density of development that is permitted in the principal zoning district that is designated for the PUD. For the purposes of this section, development density is defined as the ratio of the maximum permitted floor area of all buildings on the site to the land area of the site. The Planning Board shall also consider the existing density of development in the surrounding area and, at the Board's discretion, may reduce the maximum permitted development density in the planned unit development to ensure that it is compatible with the surrounding area.
(2)
Dimensional requirements. The following dimensional requirements are based on the requirements of the designated principal zoning district and shall apply to all lots in a PUD. Any reduction in minimum lot area from that required in the principal zoning district shall be accompanied by the provision of open space or common areas, but not to include parking areas, equal in area to the reduction in lot area.
(a)
Minimum lot area: 1/2 of the requirement for the principal zoning district.
(b)
Minimum lot frontage: 2/3 of the minimum requirement for uses in the principal zoning district.
(c)
Maximum building coverage of lot: variable.
(d)
Maximum building height: maximum building height for the principal zoning district.
(e)
Minimum front yard depth: variable.
(f)
Minimum side yard depth: variable.
(g)
Minimum rear yard depth: variable.
(h)
Required buffer around perimeter of PUD: 30 feet.
(i)
Number of principal buildings on a lot: variable.
E.
Design criteria. One of the purposes of the Planned Unit Development District is to encourage creative and aesthetically pleasing site design that will make efficient use of land and natural resources. In order to further this purpose, designs incorporating the following elements and amenities, among others, are encouraged:
(1)
Open space.
(2)
Park or recreational areas.
(3)
Uniform or coordinated building design.
(4)
Uniform signage.
(5)
Clustering of buildings.
(6)
Service roads.
(7)
Common parking and service areas.
(8)
Increased landscaping.
(9)
Provision for transit service.
(10)
Pedestrian walkways.
(11)
Any other amenities found to be appropriate by the Planning Board.
F.
Approval of PUD plans.
(1)
Approval of zone change. The Planned Unit Development District and its permitted uses constitute a zoning district, the location of which can be designated on the Official Zoning Map only through action by Town Meeting. All procedural requirements for a zoning change shall be adhered to.
(2)
Special permit granting authority. No planned unit development shall be constructed unless a special permit is granted which authorizes its construction. The Planning Board is designated as the special permit granting authority for planned unit developments. The Planning Board shall issue a special permit only upon finding that all of the following conditions are met:
(a)
That the planned unit development is consistent with the purpose stated in Subsection A of this section;
(b)
That departures by the proposed development from the zoning regulations otherwise applicable to the principal zoning district are consistent with the overall intent of the Zoning Ordinance and are in the public interest;
(c)
That the planned unit development adequately provides for control over vehicular and pedestrian traffic, both within the planned unit development and outside of the planned unit development;
(d)
That the planned unit development makes adequate provision for public utilities and public safety;
(e)
That plans for the continued provision and maintenance of common open space and common use areas are adequate and are guaranteed;
(f)
That if the development of the planned unit development is to occur in phases over a period of years, the terms and conditions intended to protect the interests of the public and the residents, occupants and owners of the proposed development are adequate;
(g)
That the planned unit development will not have an unreasonably adverse effect on the character and property values of the surrounding area; and
(h)
That sufficient legal and monetary controls exist to ensure that future development of the planned unit development will occur in accordance with the approved plan.
(3)
Procedural requirements for Planning Board actions. The Planning Board shall consider an application for a special permit only after Town Meeting has approved a zone change to Planned Unit Development District. The Planning Board shall hold a public hearing to solicit comments from interested persons prior to issuing any special permit. Notice of the public hearing shall be published in a newspaper of general circulation in West Springfield on each of two successive weeks, the first date being no less than 14 days prior to the date of the hearing. Notice of the public hearing shall be mailed to all property owners within 300 feet of the proposed PUD. The Planning Board shall hold the public hearing within 65 days after the filing of an application for a special permit, and shall act on the application within 90 days following the public hearing. Failure of the Planning Board to take final action on the application within 90 days following the public hearing shall constitute approval of the application.
(4)
Contents of plans. Plans submitted as part of an application for a special permit under this section shall be prepared by a registered engineer, architect or surveyor and shall be of a scale of one inch equals 40 feet, or other such scale as the Board may find acceptable. Sheet sizes shall not exceed 24 inches by 36 inches. If multiple sheets are used, they shall be accompanied by an index sheet. All plans shall contain the name of the owner and the development name, boundaries, North point, date and scale. The following plans and information shall be included:
(a)
Locus map;
(b)
Site plan:
[1]
Location of property lines.
[2]
Location of existing and proposed lines of streets, ways, lots, easements and public areas.
[3]
Total acreage of the site and total acreage of each land use within the site.
[4]
The names of all abutting property owners.
(c)
Topography. Existing and proposed topography at five-foot elevations.
(d)
Landscaping:
[1]
Inventory of existing trees or groups of trees over eight inches in diameter and other significant natural features.
[2]
Proposed landscaping plan, including type and location of plantings, location of buffers, and location of existing and man-made waterways.
(e)
Utilities:
[1]
Location of existing and proposed utilities, including water, gas, electric and television.
[2]
Proposed method and location of drainage for both storm and sanitary wastes.
(f)
Plot plan: location and size of all buildings, sidewalks, service and common areas.
(g)
Signage: a plan showing the type, size and location of all signs on the site.
(h)
Traffic: map showing the local traffic circulation system, existing and proposed traffic volumes, and a description of the impacts that the development will have on the local traffic circulation system.
(i)
Phased development: for a planned unit development which is to occur in phases, a description of the various phases and a proposed development schedule.
(j)
Mixed development: for developments which will include uses from both the principal zoning district and no more than two other secondary zoning districts, a map showing the location and percentage of land area occupied by the principal and secondary uses.
G.
Modification and expiration of special permits.
(1)
The design of any planned unit development approved under the provisions of this section shall not be modified unless approved by the Planning Board. The Planning Board shall hold a public hearing prior to acting upon any request for a modification of an approved plan.
(2)
Special permits granted under this section shall lapse two years from their approval unless substantial use or construction has commenced on the site.
§ 300-7.8 Age-restricted housing development in an Age-Restricted Housing (ARH) Overlay District.
A.
Purpose. The purpose of an age-restricted housing development is to encourage the development of affordable and market-rate housing for individuals aged 55 and over, by allowing for a greater variety of building types at a higher density than would normally be allowed; by allowing greater flexibility in site planning so as to promote the sound development of land which reduces residents' burdens of property maintenance and which reduces demands on municipal services; and to promote flexibility in land use planning in order to improve site layouts, protect natural features and environmental values and utilize land in harmony with neighboring properties.
B.
Dimensional standards.
(1)
The following dimensional, height and density standards shall supersede any applicable dimensional standard in the underlying zoning district and shall be applied to any age-restricted housing development:
(a)
Minimum frontage: 60 feet.
(b)
Minimum lot area: five acres.
(c)
Maximum lot area: 20 acres.
(d)
Minimum yard setbacks from property line:
[1]
Front: 100 feet.
[2]
Side: 45 feet.
[3]
Rear: 45 feet.
(e)
Minimum structural setback from paved edge of access road:
[1]
Front: 30 feet.
[2]
Side: 30 feet.
[3]
Rear: 30 feet.
(f)
Maximum building height: two stories/35 feet.
(g)
Maximum building coverage: 20%.
(h)
Minimum landscape buffer: 20 feet.
(i)
Minimum open space requirement: 25%.
(j)
Maximum density: four units/developable acreage of land.
(2)
Developable acreage: all land not containing slopes greater than 20%, land identified as wetlands under MGL c. 131, § 40 or land encumbered by easements or deed restrictions that prohibit the development of the land.
C.
Building and design standards. In order to achieve a development that reflects the residential character of the neighborhood in which it is located, the following minimum building and design standards shall be applied to all structures constructed in an age-restricted housing development:
(1)
There shall be no more than four dwelling units per structure.
(2)
No dwelling unit shall contain more than two bedrooms.
(3)
The front facade of all structures shall be oriented toward the access road serving the premises and not toward any parking lot or abutting property.
(4)
All structures, principal or accessory, shall have a gabled roofline, articulated footprint and may have varied facades.
(5)
No structure shall be greater than 10,000 square feet in gross floor area. Gross floor area shall include attached garages but shall not include basements.
(6)
A minimum twenty-five-foot separation between buildings shall be provided, which shall be landscaped.
(7)
Principal structures that abut an access road along the front and rear yard shall be provided a landscape buffer, a minimum of six feet in height and five feet in width, along the rear yard abutting the access road.
(8)
Garages, if provided, shall be attached to and made an integral part of the principal structure.
(9)
Accessory structures shall comply with all setback requirements and shall be designed with architectural detailing of similar nature to the principal buildings located thereon.
(10)
Access roads, pedestrian/biking facilities and all infrastructure and utilities shall be designed and constructed in accordance with the Rules and Regulations Governing the Subdivision of land within West Springfield to the extent applicable.
(11)
All lighting fixtures shall be integrated into the architectural style of the development. All exterior structural and site lighting (not including access road lighting) shall be retained on site and shall not create a nuisance to abutting properties and streets. All exterior light sources shall be appropriately shielded from off-premises viewing. Access road lighting shall be designed to prevent nuisance to abutting properties by reason of light and glare.
(12)
One sign, no greater than 16 square feet in size and six feet in height, shall be allowed at the intersection of the project's access road with the abutting public way. Signage may be illuminated with projected lighting, but it shall not be backlit or internally illuminated.
D.
Stormwater management and erosion control.
(1)
All stormwater shall be managed on site. It is preferred that passive stormwater techniques be utilized and integrated as part of the landscaping for the site. Water quality shall be preserved by directing all stormwater to a vegetated detention/retention basin or swale. These basins shall be designed to filter out sediments, oils and greases, heavy metals and other nutrients from stormwater prior to its discharge to wetlands, water bodies or groundwater. An approved maintenance program for the basins/swales shall be prepared and implemented by the property owner, and approved by the Planning Board, to ensure long-term filtration integrity. All methodology implemented for water quality protection shall follow the standards and guidelines of the following documents: Stormwater Management, Volume One: Stormwater Policy Handbook, MA DEP, MA CZM, March 1997; Stormwater Management, Volume Two: Stormwater Technical Handbook, MA DEP, MA CZM, March 1997; Massachusetts Erosion and Sediment Control Guidelines for Urban and Suburban Areas, Franklin, Hampden, Hampshire Conservation Districts, March 1997; as amended from time to time. If replaced by updated standards, then the new standards shall apply. In addition, all stormwater management plans must be in compliance with any municipal stormwater discharge ordinance.
(2)
General soil erosion of the proposed development site shall be minimized by integrating the development into the existing terrain by retaining natural grades and soil cover. During grading and construction of all improvements, including all structures and infrastructure improvements, erosion of soil shall be minimized by implementing the guidelines and methodology outlined in the document entitled "Massachusetts Erosion and Sediment Control Guidelines for Urban and Suburban Areas" prepared by the Franklin, Hampden, Hampshire Conservation Districts dated March 1997, as amended from time to time. If replaced by updated standards, then the new standards shall apply.
E.
Site access, roadway design and management.
(1)
All structures located within an age-restricted development shall be accessed by the proposed private access road. Direct access to any proposed structure from an existing public or private road shall be prohibited. A proposed development deriving its access from a private road shall submit a legal opinion, acceptable to the Town Attorney, establishing the right of access from the private road to the development as proposed.
(2)
All access roads shall be designed, constructed and approved in accordance with the Rules and Regulations Governing the Subdivision of Land in the Town of West Springfield. All access roadways and associated infrastructure improvements shall be considered private, under the ownership of the property owner and/or a homeowners' association established pursuant to MGL Chapter 183A, and shall not be owned or maintained by the Town of West Springfield.
F.
Parking. All age-restricted housing developments shall provide for adequate off-street parking which will protect the health, safety and welfare of the residents and guests.
(1)
A minimum of two off-street parking spaces shall be provided per unit.
(2)
A minimum of two parking spaces shall be provided for postal delivery accessory structures.
(3)
No parking spaces or parking lots shall be located within the required minimum yard setback requirements for principal structures from access roads and property lines except as allowed by the following sentence. The parking of vehicles shall be allowed within driveway areas providing access to a principal structure.
(4)
No parking areas, parking lots or access drives shall be located within the minimum twenty-five-foot separation area between structures.
(5)
All parking lots shall be located to the rear of any structure.
(6)
All parking lots shall be screened from abutting access roads, properties and streets through the use of landscaped berms and evergreen shrubs and trees a minimum of four feet in height and five feet in width.
G.
Landscape buffers, open space and natural resources.
(1)
A minimum of a twenty-foot landscaped buffer shall be provided along the perimeter of the property. Said landscaped buffer shall consist of the retention of natural vegetation supplemented with the planting of evergreen trees and shrubs.
(2)
A minimum of 25% of the total acreage of an age-restricted housing development shall be set aside as common open space for the use of the residents. It is the intention of this ordinance that the common open space shall generally consist of a large, single, contiguous area of open space, which shall retain those natural features of the site most worthy of preservation in their natural state, and which connect with existing or potential conservation or open space areas on adjacent parcels. Not more than 25% of the common open space shall consist of wetlands. A maintenance plan shall be implemented to ensure the long-term protection of open space areas.
(3)
All significant features, such as trees of over 12 inches diameter at breast high (DBH), identified heritage features, watercourses, one-hundred-year floodplains, wetlands, ponds and other water bodies, marshes, stone walls, scenic points, and historic sites, are encouraged to be preserved in the following manner:
(a)
Stone walls should be preserved by locating property boundaries along the existing line of the walls.
(b)
Scenic points as identified in the Massachusetts Landscape Inventory and historic sites identified by the Massachusetts Historical Commission should be preserved by incorporating them within open space or recreational areas.
(c)
Trees greater than 12 inches' DBH in size should be preserved, if reasonably possible, by retaining natural grades and locating houses to minimize tree removal.
(d)
Wetlands and water bodies should be incorporated into nature trails and other passive recreational uses.
H.
Planning Board findings. In making its decision, the Planning Board must make written findings on the following mandatory standards requiring that the proposed use, buildings and structures for an age-restricted housing development will:
(1)
Be compatible with adjacent land uses and with the character of the neighborhood in which it is located. Within its finding, the Board shall also specifically define the extent of the neighborhood considered during the review of the age-restricted housing project.
(2)
Constitute no nuisance to abutting land and natural resources by reason of uncharacteristic air or water pollution or noise.
(3)
Provide safe and convenient access to the site from existing or proposed roads, and to proposed structures thereon, with particular reference to pedestrian and vehicular safety, traffic flow and control, and access in case of fire or emergency.
(4)
Provide for adequate capacity for public services, facilities, and utilities to service the proposed development, such as water pressure and sewer capacity.
(5)
Provide for visual and noise buffering of the development to minimize impact to abutting properties.
(6)
Create no nuisance to abutting properties by reason of light, noise, dust, vibration or stormwater runoff.
(7)
Provide for the long-term preservation and maintenance of open space and recreation areas.
(8)
Provide for long-term maintenance of the stormwater management system.
(9)
Be occupied by:
(a)
Persons who are 55 years of age or older, hereinafter referred to as "occupant";
(b)
A spouse, under 55 years of age, of an occupant may reside in the occupant's unit, hereinafter referred to as "spouse";
(c)
A spouse who survives the occupant;
(d)
A spouse where the occupant has entered into a long-term care facility;
(e)
A mentally or physically handicapped child, brother or sister of an occupant or spouse who is dependent upon said occupant or spouse for daily care;
(f)
A paid caregiver providing medical or health care to an occupant or spouse.
(10)
Be in harmony with the general purpose and intent of this ordinance.
I.
Annual reporting. The organization of homeowners established for the management of the development, or if none, the owners individually, shall annually file a written report with the Planning Board listing the resident of each occupied unit. The format for the annual report shall be obtained from the Planning Department. Said annual report shall include the names and ages of the owners and each person residing in each unit as of January 1 of each year, and any other information necessary to ensure compliance with and enforce any required conditions of the special permit. The annual report shall be filed with the Planning Board by January 15 of each year.
§ 300-7.9 Memorial Corridor Overlay District.
A.
Purpose. The purpose of the Memorial Corridor Overlay District is to promote the health, safety, and welfare of the public and secure public benefits by the following means:
(1)
Minimizing adverse land uses and community impacts on locations within proximity of a gaming establishment;
(2)
Encouraging economic stimulus through appropriate commercial development; and
(3)
Recognizing the Eastern States Exposition fairgrounds as a local as well as a New England regional community asset by formalizing the list of historically permitted uses.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
ADULT HOTEL; HOURLY HOTEL
Any hotel, motel, inn, boardinghouse or similar establishment which rents, leases, or lets any room for less than a six-hour period, or rents, leases, or lets any single room more than twice in a twenty-four-hour period.
ADULT USES
See MGL c. 40A, § 9A.
BAIL BOND ESTABLISHMENT
A business that collects a fee for obtaining the release of criminal defendants from jail by pledging money or property as a guarantee that the defendant will appear in a court of law.
CHECK CASHING BUSINESS
An establishment or portion thereof engaged in the cashing of checks by individuals; or the deferred deposit of personal checks whereby the check casher refrains from depositing a personal check written by a customer until a specific date; or the offering of a loan until a paycheck would be received by the person receiving the loan. This term shall not include any of the following:
(1)
A state or federally chartered bank, savings association, credit union, or industrial loan association;
(2)
A retail store engaged primarily in selling or leasing items to retail customers and that cashes a check for a fee not routinely exceeding 1% of the check amount as a service to its customers, incidental to the retail store principal use.
CONFERENCE CENTER
A facility designed and used for conventions, conferences, seminars, product displays, recreation activities and entertainment functions, along with accessory functions, including temporary outdoor displays, and food and beverage preparation and service for on-premises indoor and outdoor consumption.
ELECTRONIC GAMING ESTABLISHMENT; CYBERCAFE; GAMBLING INTERNET CAFE
A business operation, whether a principal use or accessory use, where persons utilize electronic machines or devices, including, but not limited to, computers and gaming terminals, to conduct games of chance, and where cash, prizes, merchandise or other items of value are redeemed or otherwise distributed, whether or not the value of such redeemed or distributed items is determined by the electronic games played or by predetermined odds. This definition shall not apply to electronic games authorized by the Massachusetts State Lottery Commission.
[Amended 7-20-2020]
EXPOSITION
A fair or exhibition, the primary purpose of which is the encouragement, advancement, improvement, innovation and extension of agriculture, education, industry and family entertainment through a balanced variety of exhibits of livestock and agricultural products and related arts, including, but not limited to, products of the farm and related educational programs and contests; manufacturing and technology conferences and trade shows, including displays, demonstrations and related programming; recreation, entertainment, amusement, and other complementary uses and amenities. Uses may also include the annual Big E fair, other agricultural shows and events, horse shows, dog shows, farm and garden shows, trade association conventions and other nonagricultural related activities.
GAMING ESTABLISHMENT
The premises approved under a Category 1 license issued by the Massachusetts Gaming Commission pursuant to MGL c. 23K, which includes, without limitation, any gaming or non-gaming uses permitted under such legislation and the regulations promulgated by the Commission thereunder. Approval of a gaming establishment use, as defined in this ordinance, is subject to receipt of a Category 1 license issued by the Massachusetts Gaming Commission pursuant to MGL c. 23K.
PAWN SHOP/CASH-FOR-GOLD STORE
An establishment or portion thereof that requires a junk dealer's license in accordance with Chapter 168, Junk Dealers, of the Town Code, and that purchases property on the condition of selling it back at a stipulated price, offers secured loans to individuals with their property used as collateral and/or purchases, at retail, items made of or substantially consisting of silver, gold, or platinum metals. This definition shall not apply to establishments that purchase secondhand items and/or accept in-trade items as part of a business substantially dedicated to the retail sale of like items in new condition, or businesses that deal solely in clothing, furniture, or books. (See "secondhand store.")
[Amended 5-21-2018]
PAYDAY OR TITLE LOAN AGENCY
(1)
Any establishment which advances or lends a small, short-maturity loan on the security of:
(a)
A check;
(b)
Any form of assignment of an interest in the account of an individual at a depository institution;
(c)
Any form of assignment of income payable to an individual, other than loans based on income tax refunds; or
(d)
Title of a motor vehicle.
(2)
This term shall not include any of the following:
(a)
A state or federally chartered bank, savings association, credit union, or industrial loan association.
(b)
A retail store engaged primarily in selling or leasing items to retail customers and that cashes a check for a fee not routinely exceeding 1% of the check amount as a service to its customers, incidental to the retail store principal use.
RV PARKING LOT
An area of land intended for overnight parking of recreational vehicles as a temporary dwelling. Services such as electricity, water, and wastewater hookups may be provided.
C.
Scope of authority. The Memorial Corridor Overlay District is an overlay district and shall be superimposed on existing districts established by this ordinance. All proposed uses and/or activities occurring within the Memorial Corridor Overlay District are subject to the underlying zoning ordinance, except as noted herein. Where definitions, permitted or prohibited uses, standards, or other requirements listed as part of this Memorial Corridor Overlay District may conflict with those in the underlying district or elsewhere in the zoning ordinance, the Memorial Corridor Overlay District provisions shall apply. The Planning Board shall act as the administering permit granting authority for any review procedures associated with this ordinance. The permitted uses in the Fairgrounds Subdistrict shall only apply to that subdistrict while an agriculturally exempt nonprofit exhibition organized under the General Laws of the Commonwealth of Massachusetts owns and controls the land while operating said land as a fairground. Should another, similar organization come to own and control the land, it would have to be operated in substantially the same manner to benefit from the by-right uses permitted by this ordinance.
D.
District delineation.
(1)
The Memorial Corridor Overlay District incorporates properties in the southeast corner of West Springfield and contains one subdistrict area: Fairgrounds Subdistrict. The Memorial Corridor Overlay District is bounded by:
(a)
The Westfield River to the west and south.
(b)
The Agawam Town line to the southeast.
(c)
The Connecticut River to the east.
(d)
Park Street and Park Avenue to the north.
(2)
The Fairgrounds Subdistrict of the Memorial Corridor Overlay District is bounded by:
(a)
The Westfield River to the south.
(b)
Memorial Avenue/Route 147 to the west and north.
(c)
The westerly side of Circuit Avenue to the east and northeast.
(3)
The map entitled "Memorial Corridor Overlay District, Town of West Springfield," on file with the Town Clerk, delineates the boundaries of the overlay district, including the Fairgrounds Subdistrict.
E.
Uses. Uses within the Memorial Corridor Overlay District are subject to the underlying zoning regulations, except as noted herein:
(1)
Prohibited uses: Memorial Corridor Overlay District. The following uses are prohibited throughout the Memorial Corridor Overlay District, including but not limited to the Fairgrounds Subdistrict:
(a)
Adult uses, subject to regulation pursuant to MGL c.40A § 9A, including adult bookstore, adult club which displays live nudity for its patrons, adult paraphernalia store, adult motion-picture theater.
(b)
Adult hotel, hourly hotel.
(c)
Bail bond establishment.
(d)
Check cashing business.
(e)
Electronic gaming establishment, cybercafe, gambling internet cafe.
(f)
Gambling establishment that does not meet the definition of "gaming establishment as defined in Subsection B.
(g)
Pawn shop, cash-for-gold store.
(h)
Payday or title loan agency.
(2)
Special permit uses: Memorial Corridor Overlay District.
(a)
The following uses shall be allowed by special permit in the Memorial Corridor Overlay District, including but not limited to the Fairgrounds Subdistrict:
[1]
The following three uses: personal service establishments, take-out restaurants and tradesmen, as defined by Article II, shall be allowed in the underlying industrial zoning district subject to the following additional restrictions:
[a]
Any such business shall not occupy a space greater than 900 square feet; and
[b]
Signage shall be limited to that of signs for home occupational use within residential districts and directional signage as defined in Article IX.[1]
[1]
Editor's Note: See § 300-9.2, Signs.
[c]
The special permit granting authority may, if its findings so demonstrate, grant a reduction in parking requirements of Article IX of this ordinance so long as said reductions are no greater than 25% of the original requirements.[2]
[2]
Editor's Note: See § 300-9.0, Off-street parking and loading standards.
[2]
All uses allowed in the Fairgrounds Subdistrict by Subsection E(3)(b) below shall also be allowed by special permit unless the use is regularly permitted by the License Commission, then allowed by license, in the larger Memorial Corridor Overlay District but limited to the underlying industrial zoning districts.
(b)
Special permits issued in accordance with this section shall follow the procedures in Article XII of this ordinance.
(3)
Permitted uses: Fairgrounds Subdistrict. The following uses shall be allowed by-right within the Fairgrounds Subdistrict:
(a)
All uses and structures as are allowed in the underlying zoning districts.
(b)
In addition, the following uses associated with an exposition grounds are permitted by-right with site plan review in the Fairgrounds Subdistrict if they involve the construction of a new building (excluding temporary structures), or by-right in the Fairgrounds Subdistrict without site plan review, provided they do not involve the construction of one or more buildings:
[1]
Expositions.
[2]
Conference centers, meeting facilities and banquet facilities.
[3]
Car shows.
[4]
Boat shows.
[5]
Antique shows.
[6]
Art fairs and shows.
[7]
Hobby shows.
[8]
Circuses.
[9]
Craft shows and fairs.
[10]
Trade association conventions.
[11]
Educational and cultural shows and events.
[12]
Sporting events.
[13]
Concerts.
[14]
Youth sports and other athletic competitions.
[15]
Public events.
[16]
Disaster preparedness and/or emergency response site staging related activities, including but not limited to temporary activities such as a public address system, heliport, communications equipment, command center and/or temporary shelter.
[17]
Administrative offices and business uses associated with operations of the Eastern States Exposition, including, without limitation, conduct of the annual Big E fair and other events and permitted uses.
[18]
Food and beverage service uses associated with permitted events or approved principal uses.
[19]
Temporary warehousing of equipment or materials related to a permitted use and/or the storage and distribution uses during permitted uses or events.
[20]
Other agricultural, educational, cultural, recreational, economic or social uses similar in size, scope, type and impact to those above-listed uses.
[21]
Accessory parking, including RV parking lots, for Exposition uses.
[22]
Any event or activity so licensed by the West Springfield License Commission.
F.
Dimensional requirements. The dimensional requirements for principal and accessory structures within the Fairgrounds Subdistrict shall be those of the underlying zoning district, as modified below:
Table 300-7.9F Dimensional Requirements | |
|---|---|
Requirement | Fairgrounds Subdistrict |
Minimum lot area | 15,000 square feet |
Maximum building height | 75 feet1,2,3 |
Maximum building stories | 6 stories |
Minimum landscaped buffer | Street line: 20 feet Side yard: 10 feet |
Notes: | |
1 | Buildings or portions of buildings greater than 60 feet in height shall be set back from the front and side building lot line a minimum of 0.5 times the building height. |
2 | The building height limitations shall not prevent the erection of an ornamental feature, including but not limited to parapet wall or cornice, which would occupy not more than 50% of the ground area of the underlying building element on which such feature is erected and shall not extend above such height limit for not more than 15 feet. The height limitations on buildings shall not apply to chimneys, cooling towers, elevator bulkheads, skylights, TV or wireless antennas, ventilators and other necessary appurtenances usually carried above roofs, nor to domes, stacks, or spires if not used for human occupancy. |
3 | Special permits as to larger height limits may be granted by the Zoning Board of Appeals. |
(1)
Principal buildings. More than one principal building may be permitted per building lot in the Fairgrounds Subdistrict.
(2)
Accessory structures. More than one accessory structure may be permitted per building lot in the Fairgrounds Subdistrict. Accessory and principal structures are not required to share an adjoining wall and may be independent structures. Dimensional controls on accessory structures shall meet the requirements set forth in Table 300-7.9F.
G.
Signs.
(1)
General.
(a)
Notwithstanding the provisions of § 300-9.2, the following signage standards shall apply to the construction, erection, alteration, use, location, and maintenance of out-of-doors on-premises signs within the Fairgrounds Subdistrict of the Memorial Corridor Overlay District.
(b)
Recognizing the unique character of the Exposition use as a local as well as a New England regional community asset for education and entertainment as well as for use as an emergency shelter in times of need, the Memorial Corridor Overlay District provides for unique signage within the Fairgrounds Subdistrict. In addition to signs permitted under § 300-9.2, Exposition uses within the Fairgrounds Subdistrict as defined in Subsection E(3)(b) are permitted up to three digital/electronic signs, as defined below, subject to the following standards.
(c)
Sign content is limited to information about permitted Fairgrounds Subdistrict uses as outlined in Subsection E(3) or to public safety messages, including disaster preparedness and traffic control.
(d)
No freestanding sign larger than one square foot shall be erected, altered, displayed, relocated, enlarged, or created without first obtaining a permit from the Building Inspector. The Building Inspector shall review the sign design for consistency with the State Building Code.
(2)
Definitions. As used in this subsection, the following terms shall have the meanings indicated:
DIGITAL OR ELECTRONIC SIGN
A changeable-copy sign that uses a matrix of illumination elements (white and/or colored), including but not limited to light-emitting diodes (LEDs), liquid crystal display (LCD), plasma display, or other digital or electronic media to display or project text and/or images that can be modified by electronic processes.
(3)
Freestanding electronic/digital sign standards. In addition to signs permitted under § 300-9.2, up to three freestanding electronic/digital signs are permitted for an Exposition use in the Fairgrounds Subdistrict, provided they conform to the following standards:
(a)
Permitted locations. Signs for the Exposition or other use outlined at Subsection E(2)(a)[2] shall be allowed within the Fairgrounds Subdistrict at the below locations; though in no instance shall a digital/electronic sign be located within 200 feet of another permitted digital/electronic sign. The face of all signs on parcels contiguous to Memorial Avenue shall be perpendicular to Memorial Avenue.
[1]
One freestanding sign on the Eastern States Exposition property as a replacement for the existing sign in front of the Brooks Building at Memorial Avenue.
[2]
One freestanding sign on the Eastern States Exposition property as a replacement for the existing sign at Gate 2 (located between the Moses Building and Hampden County Building) at Memorial Avenue.
[3]
One freestanding sign on the Eastern State Exposition property at Gate 9 (at Circuit Avenue).
(b)
Dimensions.
[1]
The area of each sign listed above shall not exceed the following dimensions per face (each sign may have two faces):
[a]
Brooks Building sign: 75 square feet per total area of sign face.
[b]
Gate 2 sign: 50 square feet per side per total area of sign face.
[c]
Gate 9 sign: 100 square feet per side per total area of sign face.
[2]
For all signs listed above, the sign shall not exceed 25 feet in width and the top of the sign shall not be more than 25 feet above ground elevation for the Brooks Building, 15 feet for Gate 2 and 20 feet for Gate 9. No greater than 75% of each side of the sign shall be comprised of a digital/electronic element. The entire sign may be internally or externally illuminated. Freestanding signs shall not be placed so as to interfere with vehicular or pedestrian traffic.
(c)
Setbacks. The following setbacks shall be maintained between the signs and the front lot line:
[1]
Brooks Building sign and Gate 9 sign: 25 feet.
[2]
Gate 2 sign: 10 feet.
(d)
Brightness. The brightness of an electronic/digital sign shall not exceed 0.3 footcandle above ambient light conditions. The ambient light reading shall be taken at least 30 minutes past sunset with the sign turned off or displaying all black copy. The fully lit reading shall be taken with the sign displaying all white copy. Measurement of the light levels shall be taken perpendicular to the face of the sign at a distance of 100 feet from the source.
(e)
Dimmer control. Signs shall have at least one photo sensor and automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one-half hour after sunrise. Each photo sensor shall:
[1]
Be designed to continually operate in direct sunlight;
[2]
Be situated to measure ambient light;
[3]
Be contained in a waterproof enclosure which shall allow easy access to the photo sensors;
[4]
Allow light sensing; and
[5]
Be capable of dimming all pixels of the sign collectively to compensate for surrounding ambient light levels.
(f)
Illumination. Signs shall be allowed to be illuminated seven days a week between the hours of 6:00 a.m. and 11:00 p.m. unless the premises on which they are located is open for business. A sign or its illumination shall not, by reason of its location, shape, or color, interfere with traffic or be confused with or obstruct the line-of-sight or effectiveness of any official traffic sign, traffic signal or traffic marking.
(g)
Pixel pitch. The pitch of the LED portion of the sign shall be a maximum of 36 millimeters.
(h)
Duration. Each static display shall last at least 10 seconds to avoid quick and frenetic changes of content that can be distracting and compromise public safety.
(i)
Transition. The display transition must be accomplished by means of instantaneous repixalization and shall not use fading, shading, dissolving, or similar effects as part of the change.
(j)
Message sequencing. The images and messages displayed shall be complete in themselves without continuation in content to the next image or message.
(k)
Malfunction mechanism. Signs shall contain a default design that will shut the sign off if a malfunction occurs.
(l)
Back-up power. The sign at the Brooks Building shall be connected to a back-up power source to provide public safety and emergency message capabilities during power outages or when regular systems fail. Providing a back-up power source reinforces the use of the sign as an emergency management asset for the Town, public safety personnel and residents.
(m)
Electronic signs shall not:
[1]
Incorporate video, animation, or scrolling of text or images;
[2]
Emit any sound nor utilize pyrotechnics;
[3]
Cause beams or rays of light to be directed at any portion of the traveled way, when such beams or rays are of such intensity or brilliance as to cause glare or to impair the vision of the driver of any motor vehicle or otherwise interfere with the operation of a motor vehicle;
[4]
Obscure or interfere with the effectiveness of an official traffic sign, device or signal. Signs located within 200 feet of a traffic signal shall not be illuminated in a solid red, solid yellow, or solid green color;
[5]
Obscure or otherwise interfere with a motor vehicle operator's view of approaching, merging, or intersecting traffic;
[6]
Changing images shall not rotate, sparkle, blink, or fluctuate in light intensity or use intermittent strobing, or moving light, or in any manner to create the illusion of movement.
(4)
Compliance and enforcement. The Building Inspector or the Sign Officer shall inspect any sign installed in accordance with this Subsection G within 30 days of installation to confirm the sign's compliance with this ordinance. Enforcement actions shall follow the requirements of § 300-9.2I of this ordinance.
§ 300-7.10 Mill Revitalization Overlay District.
[Added 5-18-2020]
A.
Purpose. The purpose of the Mill Revitalization Overlay District is to promote sustainable redevelopment and economic growth while:
(1)
Encouraging the adaptive reuse of vacant or underutilized business or manufacturing buildings and structures;
(2)
Providing for the coordinated development of business, industrial, manufacturing, and/or institutional uses; and
(3)
Allowing for a mix of land uses that are compatible with the needs of the community, the existing infrastructure, and the character of the surrounding neighborhood.
B.
Establishment. The Mill Revitalization Overlay District is hereby established and consists of those areas shown on the Town of West Springfield Zoning Map on file with the Town Clerk and dated May 18, 2020.
C.
Definitions. As used in this section, the following terms shall have the meanings indicated:
COMMERCIAL PARKING FACILITIES
Parking facilities created for the purpose of generating income from paid parking, but not including commuter parking lots owned by the transit operator.
MIXED USE
Development contained on a single parcel or adjoining parcels that includes different, complementary uses (both residential and nonresidential) and which provides for a variety of activities throughout the day.
OVERLAY ZONING DISTRICT
A zoning district that encompasses one or more underlying zoning districts, and imposes additional or alternative requirements or provisions than required by the underlying zoning.
PEDESTRIAN-FRIENDLY DESIGN
The design of communities, neighborhoods, streetscapes, buildings and other uses that promotes pedestrian comfort, safety, access and visual interest.
PRIMARY SIGN
A sign used for a nonresidential or mixed-use building that is the primary notification of the tenant(s) therein and is generally located by the main entrance(s) to said building.
SHARED PARKING
Parking that is utilized by two or more different uses that generate different peak period parking demand.
D.
Scope of authority. The Mill Revitalization Overlay District is an overlay district and shall be superimposed on existing zoning districts established by this chapter. All proposed uses and/or activities occurring within the Mill Revitalization Overlay District are subject to the underlying zoning ordinance, except as noted herein. Where definitions, permitted or prohibited uses, standards, or other requirements listed as part of this Mill Revitalization Overlay District may conflict with those in the underlying district or elsewhere in the zoning ordinance, the Mill Revitalization Overlay District provisions shall apply. The Planning Board shall act as the permit granting authority for any review procedures associated with this chapter.
E.
Uses. Uses within the Mill Revitalization Overlay District are subject to the underlying zoning regulations, except as noted herein:
(1)
Prohibited uses. In addition to those uses prohibited in all zoning districts (see § 300-5.4), the following uses are prohibited throughout the Mill Revitalization Overlay District:
(a)
Auto sales, auto service and repair, auto storage and auto rental uses;
(b)
Gasoline sales;
(c)
Manufactured home sales;
(d)
Salvage yards;
(e)
Towing services and vehicle storage yards;
(f)
RV mobile home sales yards and storage;
(g)
Car wash;
(h)
Single retail use greater than 30,000 square feet;
(i)
Mini-storage and self-storage facilities;
(j)
Drive-through restaurants.
(2)
Permitted uses. The following uses shall be allowed by right within the Mill Revitalization Overlay District:
(a)
Conversion of existing parking lots or undeveloped areas into outdoor recreational facilities;
(b)
Municipal use;
(c)
Emergency demolition or repair of existing structures and utilities to ensure health, safety and welfare of residents; and
(d)
Agriculture, horticulture, floriculture or viticulture, subject to the following conditions:
[1]
No yard for the raising of swine and livestock shall be situated nearer than 100 feet to any lot line or any building or structure used for human habitation.
[2]
No poultry yard shall be situated nearer than 100 feet to any lot line or any building or structure used for human habitation.
(e)
All other uses allowed by right in the underlying zoning district(s).
(3)
Special permit uses. The following uses shall require a special permit individually or as part of a mixed-use development in the Mill Revitalization Overlay District. Special permits issued in accordance with this section shall follow the procedures in Article XII of this chapter.
(a)
Demolition of existing structures;
(b)
Apartments;
(c)
Convenience stores;
(d)
Pharmacies;
(e)
Cafes;
(f)
Art galleries;
(g)
Grocery stores;
(h)
Liquor stores;
(i)
Movie house;
(j)
Outdoor markets;
(k)
Business or professional offices;
(l)
Retail sales and services;
(m)
Equipment sales and services;
(n)
Personal services;
(o)
Indoor recreational facilities;
(p)
Restaurants, except the use of drive-up windows;
(q)
Outdoor seating associated with restaurants or cafes;
(r)
Light manufacturing;
(s)
Research and development facilities;
(t)
Artist live/work space;
(u)
School or college;
(v)
Philanthropic institutions;
(w)
Any use not listed in this table that, in the discretion of the Planning Board, will further the purposes of this section.
F.
Dimensional requirements. The dimensional requirements for principal and accessory structures within the Mill Revitalization Overlay District shall be those of the underlying zoning district, except as follows:
(1)
The minimum lot area shall be 7,500 square feet;
(2)
The minimum front, side, and rear yard setbacks may be reduced to as low as zero feet by special permit, provided the Planning Board makes the following findings:
(a)
The setback is consistent with the fabric of the existing street and does not preclude pedestrian access;
(b)
Adequate parking is provided;
(c)
Adequate access for loading and emergency vehicles is maintained on one side of the building;
(d)
Adequate natural lighting and air circulation for businesses and residents is maintained;
(e)
Adequate management strategies for stormwater and waste management are provided.
G.
Principal buildings. More than one principal building may be permitted per lot in the Mill Revitalization Overlay District.
H.
Accessory structures. More than one accessory structure may be permitted per lot in the Mill Revitalization Overlay District. Accessory and principal structures are not required to share an adjoining wall and may be independent structures. Dimensional controls on accessory structures shall meet the requirements set forth in Table 300-7.9F.
I.
Signs. The sign standards for the Mill Revitalization Overlay District shall be the same as the Industrial Zoning District, with the following exceptions:
(1)
General.
(a)
All signs shall require a sign permit from the Building Department;
(b)
Signs shall be externally lit from the front. Back lighting of signs shall not be used;
(c)
Neon, flashing signs, moving signs and roof signs shall be prohibited;
(d)
Electronic signs shall be prohibited;
(e)
Signs shall be made of attractive materials consistent with the character of the district. Materials may include wood (painted or natural), stone, copper, brass, galvanized steel, painted canvas or paint/engraved on facade surface;
(f)
Preexisting signs that do not conform to the provisions of this section may be altered by special permit from the Zoning Board of Appeals, provided that no new nonconformities shall be created and any existing nonconformities shall not be increased.
(2)
Wall signs.
(a)
Each business shall be permitted to have one external wall sign.
(b)
No wall sign shall exceed 20 square feet in area.
(c)
Wall signs shall be flat against the facade or mounted projecting from the facade.
(d)
Signs that project from a building shall have at least 10 feet of clearance from the ground level.
(3)
Freestanding signs.
(a)
One freestanding directory sign shall be permitted per principle structure.
(b)
Freestanding signs shall not exceed 75 square feet in area.
(c)
Freestanding signs shall not exceed 15 feet in height.
(4)
Compliance and enforcement. The Building Inspector or the Sign Officer shall inspect any sign installed in accordance with this Subsection I within 30 days of installation to confirm the sign's compliance with this chapter. Enforcement actions shall follow the requirements of § 300-9.21 of this chapter.
§ 300-7.11 Billboard Overlay District (BOD)
[Added 3-15-2021]
A.
Purpose. The purpose of this district is meant to manage the placement, operation and maintenance of billboards and digital billboards.
B.
The Billboard Overlay District is a set of requirements which are superimposed as shown on the approved Zoning Map as the designated Billboard Overlay District. The BOD shall establish reasonable standards in accordance with the following purpose and intent:
(1)
Responsibly address the changing technology of digital displays. The Town desires to regulate this technology as applied in the use of billboards and digital billboards.
(2)
Allow new technologies of billboards and digital billboards in a designated area to maximize the economic and public safety benefits to the Town.
(3)
Regulate the quality, scale, and impact of billboards and digital billboards in designated areas.
(4)
Encourage the siting of billboards and digital billboards in such locations that can provide the optimal site to display public service announcements in emergency situations to enhance the safety and welfare of the general public.
(5)
Preserve the residential character of the Town by designating defined areas of locations where billboards and digital billboards will be allowed.
C.
The standards applicable to signs in the BOD are found in § 300-9.2H(12)(c) of this Code.
