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Chicopee, MA Outdoor Cooking: Smoker Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Distance from any street line
75 or more feet
Distance from any dwelling
100 or more feet
Non-farm land approval
Board of Health and Building Inspector
Residential zones
Special permit from the City Council under § 275-9
Use class
Accessory only, no activity conducted for gain
Construction
Fire-resistance rated per Massachusetts State Building Code
Farms
Exempt from the subsection B criteria

Summary

In the City of Chicopee, Massachusetts, a smokehouse on non-farm land is an accessory use that needs Board of Health and Building Inspector approval and must sit 75 or more feet from any street line and 100 or more feet from any dwelling. In residential zones, § 275-49 requires a special permit from the City Council.

A. On land other than for farms, the use of a smokehouse may be permitted with the approval of the Board of Health and the Building Inspector and, as such, may be considered as an accessory use, located 75 or more feet from any street line and 100 or more feet from any dwelling. Such accessory use shall not include any activity conducted for gain. B. In residential zones the use of a smokehouse may be allowed by special permit, subject to the following criteria: ... (1) Smokehouses are allowed as accessory uses only. (2) Such accessory use shall not dominate the site or include any activity conducted for gain. (3) A smokehouse must be located a minimum of 75 feet from any street line and 100 or more feet from any dwelling. (4) No use of a smokehouse shall create smoke or fire hazard to adjacent buildings or property. (5) All smokehouses shall conform to Massachusetts State Building Code requirements for fire-resistance rated construction. ... (7) Farms are exempt.

Full Breakdown

Section 275-49, Smokehouse, was added on 11-20-1984 and is part of the Chicopee Zoning Ordinance in Chapter 275. It governs smokehouses. It does not name portable grills or backyard smokers, so the distances and approvals below attach to the smokehouse itself.

Subsection A covers land other than farms. The use of a smokehouse can be permitted with the approval of the Board of Health and the Building Inspector and, as such, is considered an accessory use, located 75 or more feet from any street line and 100 or more feet from any dwelling. The accessory use cannot include any activity conducted for gain.

Subsection B, added on 6-21-2005 by Ord. No. 05-152, covers residential zones, where a smokehouse can be allowed by special permit subject to seven criteria. Smokehouses are allowed as accessory uses only. The use cannot dominate the site or include any activity conducted for gain. A smokehouse must be located a minimum of 75 feet from any street line and 100 or more feet from any dwelling. No use can create smoke or fire hazard to adjacent buildings or property. All smokehouses must conform to Massachusetts State Building Code requirements for fire-resistance rated construction. Applications go to the City Council in accordance with § 275-9, and all provisions of state and local regulations regarding special permits apply. Farms are exempt.

The § 275-9 process adds steps. Applications are filed with the City Clerk, and copies go to the Board of Health, Department of Planning and Development, City Engineer, Building Commissioner, Fire Department and Conservation Administrator 20 days before the public hearing. The hearing is held within 65 days after filing, the special permit granting authority acts within 90 days after the hearing, and issuing a permit takes a two-thirds vote of the City Council. A permit lapses in one year if substantial use has not begun.

Violations & Fines

Under § 275-9(B), a special permit can be revoked or altered, or a fine of $200 levied, or both, if a public hearing finds abuse or misuse of the permit. The Building Department enforces Chapter 275 under § 275-5 and the Building Commissioner assesses and collects fines. Section 122-1 sets a criminal fine of not more than $300 for ignoring an order of the Building Inspector, with each day a separate violation.

Frequently Asked Questions

Can I put a smokehouse in my yard in the City of Chicopee?
On land other than farms, § 275-49(A) permits a smokehouse as an accessory use with the approval of the Board of Health and the Building Inspector, located 75 or more feet from any street line and 100 or more feet from any dwelling. In residential zones subsection B provides for a special permit with seven criteria, applied for through the City Council under § 275-9.
Can a Chicopee smokehouse be used for a business?
No. Subsection A says the accessory use shall not include any activity conducted for gain, and subsection B(2) says the accessory use shall not dominate the site or include any activity conducted for gain. Subsection B(1) adds that smokehouses are allowed as accessory uses only, which keeps the smokehouse subordinate to the main use of the lot.
What construction standard applies to a Chicopee smokehouse?
Section 275-49(B)(5) requires all smokehouses to conform to Massachusetts State Building Code requirements for fire-resistance rated construction. Subsection B(4) adds that no use of a smokehouse shall create smoke or fire hazard to adjacent buildings or property, which is a continuing operating standard on top of the construction rule.
Does the smokehouse rule cover grills and portable smokers?
Section 275-49 uses the word smokehouse and does not name portable grills or backyard smokers. Farms are exempt from the subsection B criteria under B(7). The approvals, the 75-foot and 100-foot distances and the fire-resistance construction rule all attach to the smokehouse structure.

Sources & Official References

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