ࡱ> NPEFGHO5@ bjbj22 ,XX(TTT8Ld4,"3333333$6R8333$bbb3b3b&bm|a A;RT4`d4^h9nh94ah9aP~Kb7$[/33l $~Kdl CITY OF EASTHAMPTON SMART GROWTH OVERLAY DISTRICT ORDINANCE FINAL DRAFT 5/30/08 SECTION 7.3: SMART GROWTH ZONING DISTRICT (SGZD) 7.31 Purpose The purposes of this Section 7.3.1 are: To establish an Easthampton Smart Growth Zoning District and Sub-Districts, to encourage smart growth in accordance with the purposes of G. L. Chapter 40R; To provide a range of safe, quality, and affordable housing options for individuals and families of all ages and incomes; To create affordable housing that is consistent with the character of Easthamptons existing neighborhoods; To improve the quality of existing housing; To help increase access for low to moderate income households to owner occupied housing; To preserve the affordability of existing and new affordable units; To support private developers in their efforts to develop affordable housing; To encourage new development in the center city close to existing infrastructure and services, in order to protect open space and farmland in the outer reaches of the city. To encourage development types as delineated in the 2008 Master Plan. 7.32 Definitions For purposes of this Section 7.3, the following definitions shall apply. All capitalized terms shall be defined in accordance with the definitions established under the Enabling Laws or Section 7.3.2, or as set forth in the PAA Regulations. To the extent that there is any conflict between the definitions set forth in Section 7.3.2 or the PAA Regulations and the Enabling Laws, the terms of the Enabling Laws shall govern. Administering Agency the regional Housing Partnership (HAP, Inc.) shall be designated to review and implement the Affordability requirements affecting Projects under Section 7.3.6 Affordable Homeownership Unit - an Affordable Housing unit required to be sold to an Eligible Household. Affordable Housing - housing that is affordable to and occupied by Eligible Households. Affordable Housing Restriction - a deed restriction of Affordable Housing meeting statutory requirements in G.L. Chapter 184, Section 31 and the requirements of Section 7.36 of this Ordinance. Affordable Rental Unit - an Affordable Housing unit required to be rented to an Eligible Household. Applicant the individual or entity that submits a Project for Plan Approval. As-of-right - a use allowed under Section 7.55 without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A Project that requires Plan Approval by the PAA pursuant to Sections 7.39 through 7.313 shall be considered an as-of-right Project. Department or DHCD - the Massachusetts Department of Housing and Community Development. Design Standards means provisions of Section 7.313 or design standard provisions of the PAA Regulations, made applicable to Projects within the SGZD that are subject to the Plan Approval process. Eligible Household - an individual or household whose annual income is less than 80 percent of the area-wide median income as determined by the United States Department of Housing and Urban Development (HUD), adjusted for household size, with income computed using HUD's rules for attribution of income to assets. Enabling Laws - G.L. Chapter 40R and 760 CMR 59.00. Mixed-Use Development Project a Project containing a mix of residential uses and non-residential uses, as allowed in Section 7.352, and subject to all applicable provisions of this Section 7.3. Open Space -- Land that is not intensively developed for residential, commercial, industrial or institutional use. Open space can be publicly or privately owned and may include: agricultural and forested land, undeveloped riparian areas, scenic lands, public parks and recreation areas, and preserves. It also includes wetlands and water bodies such as ponds and vernal pools. PAA Regulations the rules and regulations of the PAA adopted pursuant to Section 7.393. Plan Approval - standards and procedures which Projects in the SGZD must meet pursuant to Sections 7.39 through 7.313 and the Enabling Laws. Plan Approval Authority (PAA) The Easthampton Planning Board shall be the local approval authority authorized under Section 7.392 to conduct the Plan Approval process for purposes of reviewing Project applications and issuing Plan Approval decisions within the SGZD. Project - a Residential Project or Mixed-use Development Project undertaken within the SGZD in accordance with the requirements of this Section 7.3. Residential Project - a Project that consists solely of residential, parking, and accessory uses, as further defined in Section 7.351. SGZD the Smart Growth Zoning District established in accordance with this Section 7.3. Smart Growth a land use development technique that advocates compact, transit-oriented, walkable, bicycle-friendly land use, including mixed-use development with a range of housing choices to protect open space and farmland, keep housing affordable, use infrastructure efficiently, and provide more transportation choices. Zoning Ordinance - the Zoning Ordinance of the City of Easthampton. 7.33 Overlay District 7.331 Establishment. The Easthampton Smart Growth Zoning District, hereinafter referred to as the SGZD, is an overlay district that is superimposed over the underlying zoning district (s) and is shown on the Zoning Map as set forth on the map entitled Easthampton Smart Growth Zoning District, dated ___, prepared by ___. This map is hereby made a part of the Zoning Ordinance and is on file in the Office of the City Clerk. 7.332 Sub-districts. The SGZD contains the following sub-districts: a. Highway Corridor Mixed Use b. Downtown Mixed Use c. Traditional Neighborhood Village 7.34 Applicability of SGZD 7.341 Applicability of SGZD. An applicant may seek development of a Project located within the SGZD in accordance with the provisions of the Enabling Laws and this Section 7.3, including a request for Plan Approval by the PAA, if necessary. In such case, notwithstanding anything to the contrary in the Zoning Ordinance, such application shall not be subject to any other provisions of the Zoning Ordinance, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to other building permit or dwelling unit limitations. 7.342 Underlying Zoning. The SGZD is an overlay district superimposed on all underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Ordinance governing the underlying zoning district(s) shall remain in full force, except for those Projects undergoing development pursuant to this Section 7.3. Within the boundaries of the SGZD, a developer may elect either to develop a Project in accordance with the requirements of the Smart Growth Zoning, or to develop a project in accordance with requirements of the regulations for use, dimension, and all other provisions of the Zoning Ordinance governing the underlying zoning district(s). 7.343 Administration, Enforcement, and Appeals. The provisions of this Section 7.3 shall be administered by the Zoning Enforcement Officer, except as otherwise provided herein. Any legal appeal arising out of a Plan Approval decision by the PAA under Sections 7.39 through 7.313 shall be governed by the applicable provisions of MGL Chapter 40A. 7.35 Permitted Uses The restrictions and controls intended to regulate development in each district are set forth in Table 5-1, Use Regulations for SGZD as follows: P Use Permitted by Right in the DistrictPAUse Permitted with Plan Approval in the District from the Planning Board in accordance with Section 7.39NNot permitted  All projects in a SGZD must have a residential use. Retail, service, and manufacturing uses will not be permitted without a residential component. Table 7.3-1: Use Regulations for SGZD Use TypeStandards and ConditionsHighway Corridor Mixed UseDowntown Mixed UseTraditional Neighborhood VillageRESIDENTIALSingle-family Residential Uses, DetachedNNPASingle Family Residential Uses, AttachedNNPA2 and 3 family Residential UsesPANPATownhouses (4 units per structure)Townhouses will be built on individual lots with zero side setback requirements. PANPAMulti-family Residential Uses (over 4 units)Not allowed on the ground floor, unless the unit is handicap accessible and is located in the back of the building. PA*PA*NAssisted Living Residence Any entity, however organized, which provides room and/or board in an independent residential living environment, provides services to residents who do not require 24-hour skilled nursing care, but need assistance with activities of daily living, and collects payments for the provision of these services.PAPAPA Use TypeStandards and ConditionsHighway Corridor Mixed UseDowntown Mixed UseTraditional Neighborhood VillageRESIDENTIAL (cont)Nursing Home A home for the aged or infirm in which three or more persons not of the immediate family are received, kept, or provided with food and shelter, or care for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.PAPANHousing Accessible to the DisabledUnits shall not be built on the ground floor unless located in the back of the buildingPAPANAccessory ApartmentsNPAPARETAIL AND SERVICE**Convenience MarketAny retail establishment offering for sale a limited line of groceries and household items intended for the convenience of the neighborhoodPPPASupermarketA retail establishment primarily selling food, as well as other convenience and household goods, which occupies more than 5,000 square feet of gross floor areaPAPANProfessional OfficesPPPAPharmacy, drugstorePPN Use TypeStandards and ConditionsHighway Corridor Mixed UseDowntown Mixed UseTraditional Neighborhood VillageRETAIL AND SERVICE** (cont)Restaurants and bars Not including drive-in or drive-through restaurantsPAPNBakery, deli, butcher shop, fish market, caterer or similar establishment for the production and sale of food and beveragePAPPBed-and-Breakfast UsePAPPABeauty or barber shop, hair salon, tanning salon, or similar establishmentPAPPA, tanning salon not permittedLaundry or dry cleaning establishmentIn the Traditional Neighborhood Village, drop off laundry or dry cleaning service permitted only. PAPPAMIXED USE**Neighborhood scale mixed use development projects, allowing two or more uses within the same buildingNPAPADowntown scale mixed use development projects, allowing two or more uses within the same buildingPAPANMill Renovation for Mixed UseNPANWHOLESALE, TRANSPORTATION, & INDUSTRIAL** Research offices or establishments devoted to research and developmentPAPANWholesale trade and distributionPAPAN Use TypeStandards and Conditions Highway Corridor Mixed UseDowntown Mixed UseTraditional Neighborhood VillageWHOLESALE, TRANSPORTATION, & INDUSTRIAL** (cont)General manufacturing uses not commonly considered hazardous or noxiousPAPANPublishing, data processing Shall be carried on by the occupants of the dwelling unit with no more than one non-resident employeePAPAPAComputer software manufacturingThe manufacture or assembly of a product including processing, blending, fabrication, assembly, treatment and packagePAPANWarehousing establishmentsIn the Downtown Mixed Use District, this use is only permitted in an existing buildingPAPA NSelf Storage FacilityA building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property. PANNACCESSORY USES Parking accessory to any of the above permitted uses, including surface parking and parking garages. See parking standards Section 7.38PPP Use TypeStandards and Conditions Highway Corridor Mixed UseDowntown Mixed UseTraditional Neighborhood VillageACCESSORY USES (cont) Accessory uses customarily incidental to any of the above permitted uses.PPPHome OccupationSee Section 10.4 of the Easthampton Zoning Ordinance for standardsNPAPAFamily Home Day CareAny private residence which on a regular basis, receives for temporary custody and care during part or all of the day, children under seven years of age or children under sixteen years of age if such children have special needs; provided, however, in either case, that the total number of children shall not exceed sixPAPAPAChild Care CenterFacilities that serve children under seven years of age or sixteen years if the children have special needs, or school-age children in programs that are held before or after school hours or during vacationsPAPAPA Use TypeStandards and Conditions Highway Corridor Mixed UseDowntown Mixed UseTraditional Neighborhood VillageCOMMUNITY FACILITIESChurch or other religious purposePPPEducational Use On land owned or leased by the Commonwealth or any of its agencies, subdivisions, or bodies political; or by a religious sect or denomination; or by a nonprofit educational corporation.PPPCity administration building, fire or police stationPAPANPublic park, conservation area and preserved open spaces Including areas for passive and active recreationPPPCity highway equipment and electric utility garagePANN* Permitted in Mixed-Use projects only, and not allowed on ground floor ** Not permitted unless within a Mixed-Use Project Additional notes: a. All uses not specifically mentioned in Table 7.3-1 are prohibited. b. The total gross floor area devoted to non-residential uses within a mixed-use development project shall not exceed 50 % of the total gross floor area of the Project. c. Neighborhood scale shall mean buildings with a maximum height of three (3) stories and forty (40) feet. d. Downtown scale shall mean a maximum height of five (5) stories and sixty (60) feet. e. The minimum allowable as-of-right density requirements for residential uses specified in Section 7.1 shall apply to the residential portion of any mixed-use development project. 7.36 Housing and Housing Affordability 7.361 Number of Affordable Housing Units. For all Projects not less than twenty percent (20%) or more than 50% of housing units constructed shall be Affordable Housing. For Multifamily Housing limited to elderly residents, projects shall have at least thirty percent (30%) affordable housing units. Every project shall create a least one affordable unit. For purposes of calculating the number of units of Affordable Housing required within a Project, any fractional unit of 0.5 or greater shall be deemed to constitute a whole unit. A Project shall not be segmented to evade the Affordability threshold set forth above. 7.362 Administering Agency. An administering agency will be the regional Housing Partnership (HAP, Inc.). In a case where the Administering Agency cannot adequately carry out its administrative duties, upon certification of this fact by the designating official or by DHCD such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the designating official or, in the absence of such timely designation, by an entity designated by the DHCD. In any event, such Administering Agency shall ensure the following, both prior to issuance of a Building Permit for a Project within the SGZD, and on a continuing basis thereafter, as the case may be: 1. Prices of Affordable Homeownership Units are properly computed; rental amounts of Affordable Rental Units are properly computed; 2. Income eligibility of households applying for Affordable Housing is properly and reliablydetermined; 3. The housing marketing and resident selection plan conform to all requirements and are properly administered; 4. Sales and rentals are made to Eligible Households chosen in accordance with the housing marketing and resident selection plan with appropriate unit size for each household being properly determined and proper preference being given; and 5. Affordable Housing Restrictions meeting the requirements of this section are recorded with the Hampshire County Registry of Deeds. 7.363 Submission Requirements. As part of any application for Plan Approval for a Project within the SGZD submitted under Sections 7.39 through 7.313 (or, for Projects not requiring Plan Approval, prior to submission of any application for a Building Permit), the Applicant must submit the following documents to the PAA and the Administering Agency: 1. Evidence that the Project complies with the cost and eligibility requirements of Section 7.364 of this ordinance; 2. Project plans that demonstrate compliance with the requirements of this Section 7.363 and Section 7.365 of this ordinance, and; 3. A form of Affordable Housing Restriction that satisfies the requirements of Section 7.366 of this ordinance. These documents in combination, to be submitted with an application for Plan Approval (or, for Projects not requiring Plan Approval, prior to submission of any application for a Building Permit), shall include details about construction related to the provision, within the development, of units that are accessible to the disabled. 7.364 Cost and Eligibility Requirements. Affordable Housing shall comply with the following requirements: 1. Affordable Housing required to be offered for rent or sale shall be rented or sold to and occupied only by Eligible Households. Preference will be given to local residents as follows: To the extent legally permissible, preference for the rent or sale of Affordable Units shall be given to Eligible Purchasers or Renters who are either: (a) City residents; (b) the children or parents of City residents; (c) employees of the City and/or (d) persons who work within the City. 2. For an Affordable Rental Unit, the monthly rent payment, including utilities and parking, shall not exceed 30 percent of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one, unless other affordable program rent limits approved by the DHCD shall apply. 3. For an Affordable Homeownership Unit the monthly housing payment, including mortgage principal and interest, private mortgage insurance, property taxes, condominium and/or homeowner's association fees, insurance, and parking, shall not exceed 30 percent of the maximum monthly income permissible for an Eligible Household, assuming a family size equal to the number of bedrooms in the unit plus one. Prior to the granting of any Building Permit or Plan Approval for a Project, the Applicant must demonstrate, to the satisfaction of the Administering Agency, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to the City of Easthampton. 7.365 Design and Construction. Units of Affordable Housing shall be finished housing units. Units of Affordable Housing shall be dispersed throughout the Project of which they are part and be comparable in initial construction quality and exterior design to the other housing units in the Project. The total number of bedrooms in the Affordable Housing shall, insofar as practicable, be proportionate to the total number of bedrooms in all units in the Project of which the Affordable Housing is part. 7.366 Affordable Housing Restriction. Each Project shall be subject to an Affordable Housing Restriction which is recorded with the appropriate registry of deeds or district registry of the Land Court and which contains the following: 1. Specification of the term of the affordable housing restriction which shall be no less than thirty years; 2. The name and address of the Administering Agency with a designation of its power to monitor and enforce the affordable housing restriction; 3. A description of the Affordable Homeownership Unit, if any, by address and number of bedrooms; and a description of the overall quantity and number of bedrooms and number of bedroom types of Affordable Rental Units in a Project or portion of a Project which are rental. Such restriction shall apply individually to the specifically identified Affordable Homeownership Unit and shall apply to a percentage of rental units of a rental Project or the rental portion of a Project without specific unit identification. 4. Reference to a housing marketing and resident selection plan, to which the Affordable Housing is subject, and which includes an affirmative fair housing marketing program, including public notice and a fair resident selection process. The housing marketing and selection plan may provide for preferences in resident selection to the extent consistent with applicable law; the plan shall designate the household size appropriate for a unit with respect to bedroom size and provide that the preference for such Unit shall be given to a household of the appropriate size; 5. A requirement that buyers or tenants will be selected at the initial sale or initial rental and upon all subsequent sales and rentals from a list of Eligible Households compiled in accordance with the housing marketing and selection plan; 6. Reference to the formula pursuant to which rent of a rental unit or the maximum resale price of a homeownership will be set; 7. Designation of the priority of the Affordable Housing Restriction over other mortgages and restrictions, provided that a first mortgage of a Homeownership Housing Unit to a commercial lender in an amount less than maximum resale price may have priority over the Affordable Housing Restriction if required by then current practice of commercial mortgage lenders; 8. A requirement that only an Eligible Household may reside in Affordable Housing and that notice of any lease of any Affordable Rental Unit shall be given to the Administering Agency; 9. Provision for effective monitoring and enforcement of the terms and provisions of the affordable housing restriction by the Administering Agency; 10. Provision that the restriction on an Affordable Homeownership Unit shall run in favor of the Administering Agency and/or the municipality, in a form approved by municipal counsel, and shall limit initial sale and re-sale to and occupancy by an Eligible Household; 11. Provision that the restriction on Affordable Rental Units in a rental Project or rental portion of a Project shall run with the rental Project or rental portion of a Project and shall run in favor of the Administering Agency and/or the municipality, in a form approved by municipal counsel, and shall limit rental and occupancy to an Eligible Household; 12. Provision that the owner[s] or manager[s] of Affordable Rental Unit[s] shall file an annual report to the Administering Agency, in a form specified by that agency certifying compliance with the Affordability provisions of this Ordinance and containing such other information as may be reasonably requested in order to ensure affordability; and 13. A requirement that residents in Affordable Housing provide such information as the Administering Agency may reasonably request in order to ensure affordability. 7.367 Costs of Housing Marketing and Selection Plan. The housing marketing and selection plan may make provision for payment by the Project applicant of reasonable costs to the Administering Agency to develop, advertise, and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements. Such payment shall not exceed one-half (1/2%) percent of the amount of rents of Affordable Rental Units (payable annually) or one (1%) percent of the sale or resale prices of Affordable Homeownership Units (payable upon each such sale or resale), as applicable. 7.368 Age Restrictions. Nothing in this Section 7.3 shall permit the imposition of restrictions on age upon all Projects throughout the entire SGZD. However, the Administering Agency may, in its review of a submission under Section 7.3.6.3, allow a specific Project within the SGZD designated exclusively for the elderly, persons with disabilities, or for assisted living, provided that any such Project shall be in compliance with all applicable fair housing laws and not less than twenty-five percent (25%) of the housing units in such a restricted Project shall be restricted as Affordable units. Any Project which includes age-restricted residential units shall comply with applicable federal, state and local fair housing laws and regulations. 7.369 Phasing. For any Project that is approved and developed in phases in accordance with Section 7.394, the proportion of Affordable Housing Units (and the proportion of Existing Zoned Units to Bonus Units as defined in 760 CMR 59.04 1(h)) shall be consistent across all phases. 7.3610 No Waiver. Notwithstanding anything to the contrary herein, the Affordability provisions in this Section 7.36 shall not be waived. 7.37 Dimensional and Density Requirements This ordinance shall promote both small and large infill development projects within the designated Smart Growth Sub Districts throughout the City of Easthampton. Infill development of single lots considered non-conforming under MGL Chapter 40A, Section 6 will be encouraged within the SGZD, provided that the unit will be deeded as an Affordable Unit, as defined in Section 7.36 of this ordinance. 7.371 Tables of Height and Bulk Requirements. Notwithstanding anything to the contrary in this Zoning Ordinance, the dimensional requirements applicable in the SGZD are as follows: Table 7-1. Height and Density Requirements in the Highway Business Mixed Use Sub-District UseMaximum Height (feet)Maximum Height (stories)Minimum Residential Density (du/ac.)*Dwelling Units, Single Family Attached453.58Dwelling Units, Duplex453.512Dwelling Units, Three-Family Detached453.512Dwelling Units, Multi-Family Detached60520Assisted Living453.520Housing Accessible to the Handicapped453.520Mixed Use Development, Downtown Scale60520All Retail and Service Uses453.5--* Minimum density requirement may be waived to a higher density in exchange for a higher percentage of affordable units. Table 7-2. Height and Density Requirements in the Downtown Mixed Use Sub-District UseMaximum Height (feet)Maximum Height (stories)Minimum Residential Density (du/ac.)*Dwelling Units, Patio House453.58Dwelling Units, Duplex453.512Dwelling Units, Three-Family Detached453.512Dwelling Units, Multi-Family Detached60520Assisted Living453.520Housing Accessible to the Handicapped453.520Mill Renovation for Mixed UseNo limit -- 20Mixed Use Development, Downtown Scale60520All Retail and Service Uses453.5--* Minimum density requirement may be waived to a higher density in exchange for a higher percentage of affordable units. Table 7-3. Height and Density Requirements in the Traditional Neighborhood Village Sub-District UseMaximum Height (feet)Maximum Height (stories)Minimum Residential Density (du/ac.)Dwelling Units, Single Family Detached352.58Dwelling Units, Single Family Attached352.58Dwelling Units, Patio House352.58Dwelling Units, Duplex352.512Dwelling Units, Three-Family Detached352.512Assisted Living352.520Housing Accessible to the Handicapped352.520Mixed Use Development, Neighborhood Scale40320All Retail and Service Uses352.5-- 7.372 Tables of Area Requirements. All projects within the SGZD must provide a twenty-five (25) foot buffer to adjacent residential uses not within the SGZD. Notwithstanding anything to the contrary in this Zoning Ordinance, the area requirements applicable in the SGZD are as follows: Table 7-4. Area Requirements in the Highway Business Mixed Use Sub-District UseFront setback (ft)Side setback (ft)Rear setback (ft)Dwelling Units, Single Family Attached201030Dwelling Units, Duplex201030Dwelling Units, Three-Family Detached201030Dwelling Units, Multi-Family Detached201030Assisted Living201030Housing Accessible to the Handicapped201030Mixed Use Development, Downtown Scale201030 Table 7-5. Area Requirements in the Downtown Mixed Use Sub-District UseFront setback (ft)Side setback (ft)Rear setback (ft)Dwelling Units, Single Family Attached101020Dwelling Units, Duplex101020Dwelling Units, Three-Family Detached101020Dwelling Units, Multi-Family Detached101020Assisted Living101020Dwelling Units, Patio House101020Housing Accessible to the Handicapped101020Mill Renovation for Mixed Use101020Mixed Use Development, Downtown Scale0520 Table 7-6. Area Requirements in the Traditional Neighborhood Village Sub-District UseFront setback (ft)Side setback (ft)Rear setback (ft)Dwelling Units, Single Family Detached20520Dwelling Units, Single Family Attached20020Dwelling Units, Duplex20520Dwelling Units, Three-Family Detached201020Assisted Living201020Dwelling Units, Patio House201020Housing Accessible to the Handicapped201020Mixed Use Development, Neighborhood Scale201030 7.373 Dimensional Waivers in Substantially Developed Sub-district. The PAA may, in order to encourage the development of infill housing units on undeveloped lots within a Substantially Developed Sub-district, grant a waiver to the dimensional standards of Section 7.371 and Section 7.372, in accordance with Section 7.3113. 7.380 Parking Requirements The parking requirements applicable for Projects within the SGZD are as follows. 7.381 Number of parking spaces. Unless otherwise approved by the PAA, the following minimum numbers of off-street parking spaces shall be provided by use, either in surface parking, within garages or other structures, or on-street: Table 8-1: Off-Street Parking Regulations UsesMinimum Number of Parking Spaces Per UnitResidential One-family dwelling Two (2) per dwelling unitAccessory apartmentTwo (2) per dwelling unit, except the one-bedroom accessory apartment requires only one (1) space Duplex; conversion of existing one-family dwelling to two-family Two (2) per dwelling unitConversion of existing one-family dwelling to three- and four-family dwelling; multifamily housing for elderly and/or handicapped persons One and one-half (1) for each dwelling unitMultifamily housingOne (1) for each bedroom in each unit plus 1 additional visitor space for every 10 units in the development Bed and BreakfastTwo (2) plus one (1) additional space for each rooming unit Home OccupationIn addition to meeting the parking standards for the dwelling unit, one (1) space plus one (1) space for each non-resident employee  UsesMinimum Number of Parking Spaces Per Unit Community Facilities Childcare facility; family day care homeOne per two (2) employees plus one off-street passenger loading place for every eight (8) students City building, recreational facility One per each four hundred (400) square feet of gross floor area Nursing, rest or convalescent homeOne per three (3) beds at design capacity Public UtilityOne for each four hundred (400) square feet of gross floor area devoted to office use One for each eight hundred (800) square feet of gross floor area per other use  UsesMinimum Number of Parking Spaces Per Unit Retail and Service Convenience market; pharmacy, drugstoreFive (5) for each 1,000 square feet of gross floor area; minimum of four (4) SupermarketSix (6) for each 1,000 square feet of gross floor area Restaurants, barsOne for each four (4) seats of total seating capacity, plus one for each two employees on shift of greatest employment Discount club, warehouse club, warehouse supermarket Five (5) for each 1,000 square feet gross floor area Other retail uses including, but not limited to: discount store; hardware/paint shop; garden center; factory outlet store; antique or gift shop One per each three hundred (300) square feet of gross floor areaBeauty or barber shop, hair salon or similar establishmentTwo (2) for each operator chair Personal and consumer establishments, including, but not limited to: laundry or dry cleaning; tailor; milliner; cobbler; photographer's studio; repair shop for household appliance or business equipment; photocopy shop One per each three hundred (300) square feet of gross floor areaMedical/dental center, clinic or laboratoryFive (5) for each practitioner or one for each three hundred (300) square feet of gross floor area, whichever is greater Other professional and business offices and servicesOne for each three hundred (300) square feet of gross floor area Industrial Manufacturing or industrial establishmentOne for each six hundred (600) square feet of gross floor area OR 0.75 for each employee of the combined employment of the two (2) largest successive shifts, whichever is larger  The PAA may allow for additional visitor parking spaces beyond the maximum spaces per unit if deemed appropriate given the design, layout and density of the proposed residential or other development. Offsite parking will be allowed within 300 of the Project. The PAA may allow for a decrease in the required parking as provided in Sections 7.382 and 7.383 below. 7.382 Shared Parking. Notwithstanding anything to the contrary herein, the use of shared parking to fulfill parking demands noted above that occur at different times of day is strongly encouraged. Minimum parking requirements above may be reduced by the PAA through the Plan Approval process (or, for Projects not requiring Plan Approval, prior to submission of any application for a Building Permit), if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g. the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved studies). 7.383 Reduction in parking requirements. Notwithstanding anything to the contrary herein, any minimum required amount of parking may be reduced by the PAA through the Plan Approval process (or, for Projects not requiring Plan Approval, prior to submission of any application for a Building Permit), if the applicant can demonstrate that the lesser amount of parking will not cause excessive congestion, endanger public safety, or that lesser amount of parking will provide positive environmental or other benefits, taking into consideration: a) the availability of surplus off street parking in the vicinity of the use being served and/or the proximity of a bus stop or transit station; b) the availability of public or commercial parking facilities m the vicinity of the use being served; c) shared use of off street parking spaces serving other uses having peak user demands at different times; d) age or other occupancy restrictions which are likely to result in a lower level of auto usage; e) impact of the parking requirement on the physical environment of the affected lot or the adjacent lots including reduction in green space, destruction of significant existing trees and other vegetation, destruction of existing dwelling units, or loss of pedestrian amenities along public ways; and such other factors as may be considered by the PAA. 7.384 Location of Parking. Any surface parking lot shall, to the maximum extent feasible, be located at the rear or side of a building, relative to any principal street, public open space, or pedestrian way. 7.39 Plan APPROVAL of projects: general provisions 7.391 Plan Approval. An Application for Plan Approval shall be reviewed by the PAA for consistency with the purpose and intent of Sections 7.39 through 7.313. Such Plan Approval process shall be construed as an as-of-right review and approval process as required by and in accordance with the Enabling Laws. The following categories of Projects shall be subject to the Plan Approval process: a) Any Residential Project requiring Plan Approval in Use Regulations Table 5-1; b) Any Mixed-use Development Project; and c) Any Project seeking a waiver. 7.392 Plan Approval Authority (PAA). The Easthampton Planning Board, consistent with G.L. Chapter 40R and 760 CMR 59.00, shall be the Plan Approval Authority (the PAA), and it is authorized to conduct the Plan Approval process for purposes of reviewing Project applications and issuing Plan Approval decisions within the SGZD. 7.393 PAA Regulations. The Plan Approval Authority may adopt administrative rules and regulations relative to Plan Approval. Such rules and regulations must be approved by the Department of Housing and Community Development. 7.394 Project Phasing. An Applicant may propose, in a Plan Approval submission, that a Project be developed in phases, provided that the submission shows the full buildout of the Project and all associated impacts as of the completion of the final phase, and subject to the approval of the PAA. Any phased project shall comply with the provisions of Section 7.369. 7.310 PLAN APPROVAL PROCEDURES 7.3101 Pre-application. Prior to the submittal of a Plan Approval submission, a Concept Plan may be submitted to help guide the development of the definitive submission for Project buildout and individual elements thereof. Such Concept Plan should reflect the following: 1. Overall building envelope areas; 2. Open space and natural resource areas; and 3. General site improvements, groupings of buildings, and proposed land uses. The Concept Plan is intended to be used as a tool for both the applicant and the PAA to ensure that the proposed Project design will be consistent with the Design Standards and other requirements of the SGZD. 7.3102 Required Submittals. An application for Plan Approval shall be submitted to the PAA on the form provided by the PAA, along with an application fee of $25 per residential unit, which shall be as set forth in the PAA Regulations. The application shall be accompanied by such plans and documents as may be required and set forth in the PAA Regulations. For any Project that is subject to the Affordability requirements of Section 7.36, the application shall be accompanied by all materials required under Section 7.363. All site plans shall be prepared by a certified architect, landscape architect, and/or a civil engineer registered in the Commonwealth of Massachusetts. All landscape plans shall be prepared by a certified landscape architect registered in the Commonwealth of Massachusetts. All building elevations shall be prepared by a certified architect registered in the Commonwealth of Massachusetts. All plans shall be signed and stamped, and drawings prepared at a scale of one inch equals forty feet (1"=40') or larger, or at a scale as approved in advance by the PAA. 7.3103 Filing. An applicant for Plan Approval shall file the required number of copies of the application form and the other required submittals as set forth in the PAA Regulations with the City Clerk and a copy of the application including the date of filing certified by the City Clerk shall be filed forthwith with the PAA. 7.3104 Circulation to Other Boards. Upon receipt of the Application, the PAA shall immediately provide a copy of the application materials to the City Council, Board of Health, Conservation Commission, Fire Department, Police Department, Building Inspector, Department of Public Works, the Administering Agency (for any Project subject to the Affordability requirements of Section 6.0), and other municipal officers, agencies or boards for comment, and any such board, agency or officer shall provide any written comments within 60 days of its receipt of a copy of the plan and application for approval. 7.3105 Hearing. The PAA shall hold a public hearing for which notice has been given as provided in Section 11 of G.L. Chapter 40A. The decision of the PAA shall be made, and a written notice of the decision filed with the City Clerk, within 120 days of the receipt of the application by the City Clerk. The required time limits for such action may be extended by written agreement between the applicant and the PAA, with a copy of such agreement being filed in the office of the City Clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the Plan Approval application. 7.3106 Peer Review. The applicant shall be required to pay for reasonable consulting fees to provide peer review of the Plan Approval application, pursuant to G.L. Chapter 40R, Section 11(a). Such fees shall be held by the City in a separate account and used only for expenses associated with the review of the application by outside consultants, including, but not limited to, attorneys, engineers, urban designers, housing consultants, planners, and others. Any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the applicant forthwith. 7.311 PLAN APPROVAL DecisionS 7.3111 Plan Approval. Plan Approval shall be granted where the PAA finds that: 1. the applicant has submitted the required fees and information as set forth in the PAA Regulations; and 2. the Project as described in the application meets all of the requirements and standards set forth in this Section 7.3 and the PAA Regulations, or a waiver has been granted therefrom; and 3. any extraordinary adverse potential impacts of the Project on nearby properties have been adequately mitigated. For a Project subject to the Affordability requirements of Section 7.36, compliance with condition (2) above shall include written confirmation by the Administering Agency that all requirements of that Section have been satisfied. The PAA may attach conditions to the Plan Approval decision that are necessary to ensure substantial compliance with this Section 7.3, or to mitigate any extraordinary adverse potential impacts of the Project on nearby properties. 7.3112 Plan Disapproval. A Plan Approval application may be disapproved only where the PAA finds that: 1. the applicant has not submitted the required fees and information as set forth in the Regulations; or 2. the Project as described in the application does not meet all of the requirements and standards set forth in this Section 7.3 and the PAA Regulations, or that a requested waiver there from has not been granted; or 3. it is not possible to adequately mitigate significant adverse project impacts on nearby properties by means of suitable conditions. 7.3113 Waivers. Upon the request of the Applicant, the Plan Approval Authority may waive dimensional and other requirements of Section 7.3, including the Design Standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the SGZD, or if it finds that such waiver will allow the Project to achieve the density, Affordability, mix of uses, and/or physical character allowable under this Section 7.3. 7.3114 Project Phasing. The PAA, as a condition of any Plan Approval, may allow a Project to be phased at the request of the Applicant, or it may require a Project to be phased for the purpose of coordinating its development with the construction of Planned Infrastructure Improvements (as that term is defined under 760 CMR 59.00), or to mitigate any extraordinary adverse Project impacts on nearby properties. For Projects that are approved and developed in phases, the proportion of Affordable to market rate units shall be consistent across all phases, and the proportion of Existing Zoned Units to Bonus Units (as those terms are defined under 760 CMR 59.00) shall be consistent across all phases. 7.3115 Form of Decision. The PAA shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the City Clerk and that all plans referred to in the decision are on file with the PAA. If twenty (20) days have elapsed after the decision has been filed in the office of the City Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the City Clerk shall so certify on a copy of the decision. If a plan is approved by reason of the failure of the PAA to timely act, the City Clerk shall make such certification on a copy of the application. A copy of the decision or application bearing such certification shall be recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the applicant. 7.3116 Validity of Decision. A Plan Approval shall remain valid and shall run with the land indefinitely, provided that construction has commenced within two years after the decision is issued, which time shall be extended by the time required to adjudicate any appeal from such approval and which time shall also be extended if the Project proponent is actively pursuing other required permits for the Project or there is other good cause for the failure to commence construction, or as may be provided in a Plan Approval for a multi-phase Project. 7.312 Change in Plans after Approval by PAA 7.3121 Minor Change. After Plan Approval, an applicant may apply to make minor changes in a Project involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the PAA on redlined prints of the approved plan, reflecting the proposed change, and on application forms provided by the PAA. The PAA may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The PAA shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the applicant for filing with the City Clerk. 7.3122 Major Change. Those changes deemed by the PAA to constitute a major change in a Project because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for Plan Approval pursuant to Sections 7.39 - through 7.313. 7.313 Design Standards 7.3131 Adoption of Design Standards. To ensure that new development shall be of high quality, and shall be compatible with the character of building types, streetscapes, and other community features traditionally found in the City of Easthampton, the PAA shall adopt Design Standards relative to the issuance of Plan Approvals for Development Projects within the SGZD, and shall file a copy with the Town Clerk. Any Project undergoing the Plan Approval process shall be subject to design standards as set forth below in this Section 7.313 (Design Standards) 7.3132 Purpose. The Design Standards are adopted to ensure that the physical character of Projects within the SGZD: 1) will be complementary to nearby buildings and structures; 2) will be consistent with the Comprehensive Housing Plan, an applicable master plan, an area specific plan, or any other plan document adopted by the City; and 3) will provide for high-density quality development consistent with the character of building types, streetscapes, and other community features traditionally found in densely settled areas of the City or in the region of the City. 7.3134 Mixed-use Development Projects. The Design Standards may require that the non-residential elements of any Mixed-Use Development Project are planned and designed in an integral manner to complement the residential uses, and help foster vibrant, workable, livable, and attractive neighborhoods consistent with the smart growth goals of the Enabling Act and this Section 7.3. 7.314 SEVERABILITY If any provision of this Section 7.3 is found to be invalid by a court of competent jurisdiction, the remainder of Section 7.3 shall not be affected but shall remain in full force. The invalidity of any provision of this Section 7.3 shall not affect the validity of the remainder of the Citys Zoning Ordinance.     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