(1)

Purpose. The purpose of the Fairgrounds Overlay District ("FOD") is to provide opportunities for new multi-family residential development, while ensuring high quality site planning, architecture and landscape design that includes new construction; and to provide for a diversified housing stock within the neighborhood at a variety of costs including senior housing, and in housing types that meet current and projected future needs of the city's population.

(2)

Establishment and delineation of the Fairgrounds Overlay District. The FOD is an overlay district that is superimposed over the underlying C-2 zoning district. The boundaries of the Fairgrounds Overlay are delineated as existing lots known as PARCEL IDs: 026-116 and 026-116R. These two sites are comprised of approximately 46.56 acres of land.

(3)

Site plan review. Development within the Fairgrounds Overlay District shall require Site Plan Review in accordance with the procedures provided in Section 27-85-89A.

(4)

Approvals. The permit granting authority for Site Plan Review and the granting of waivers from the requirements of this section will be the Brockton Planning Board in accordance with City Ordinance 27-86.

(5)

Development agreement. Prior to the issuance of any building permits for the development of any parcel or sub parcel within the Overlay District the Owners and Developer shall enter into a reasonable Development Agreement with the City of Brockton for that parcel relating to such issues pertinent to the parcels in question.

(Ord. No. 02-17-2025(1), 2-17-25)

As used in this article, the following terms shall have the meanings set forth below:

Affordable housing. Housing that is affordable to and occupied by eligible households.

Affordable housing restriction. A deed restriction of an affordable housing unit meeting statutory requirements in M.G.L.A. c. 184 § 31 and the requirements of section 27-99.

Affordable rental unit. A dwelling unit required to be rented to an eligible household per the requirements of section 27-99.

Affordable homeownership unit. A dwelling unit required to be sold to an eligible household per the requirements of this article.

Approving authority/plan approval authority (PAA). The planning board of the City of Brockton acting as the authority designated to review projects and issue approvals under this article.

As-of-right development. A development project allowable under this article without recourse to a special permit, variance, zoning amendment, or other form of zoning relief. A development project that is subject only to the site plan review requirement of this article shall be considered an as-of-right development.

Curb level. For the purposes of measuring building height, the level of the curb in front of the center of the building or portion thereof under consideration. Where no curb level has been established, the level of the ground at the center of the traveled portion of the street shall be considered the equivalent of the curb level, and where the building does not adjoin the street, the average level of the proposed grade line of the ground immediately adjacent to the building as shown on the building plans shall be considered as the curb level.

Common ownership. Two (2) or more lots within the Fairgrounds Overlay District shall be deemed to be in common ownership if majority control of each is held by a common entity.

Design standards. Standards for the appearance and construction of development as provided for in this chapter that are applicable to all development projects within the Fairgrounds Overlay District subject to site plan review by the approving authority.

Development project or project. A development undertaken pursuant to this article, including the construction, reconstruction, conversion, alteration, relocation, enlargement or substantial rehabilitation of any structure(s) or building(s) on a lot or lots within the Fairgrounds Overlay District.

Dwelling unit. One (1) room or rooms connected together constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same building and containing independent cooking and sleeping facilities. Dwelling unit shall be a structure which shall contain one (1) or more rooms providing cooking sleeping and sanitary facilities, not including a hotel, hospital, nursing home, dormitory, fraternity or sorority house, rooming house, boarding house or similar structure. The following types of dwelling units are specifically defined:

(1)

Two-family - A detached residential building containing two (2) dwelling units, either vertically or horizontally adjacent, designed for occupancy by not more than two (2) families.

(2)

Three-family - A residential building containing three (3) dwelling units, either vertically or horizontally adjacent designed for occupancy by not more than three (3) families.

(3)

Multi-family - A residential building containing four (4) or more dwelling units designed for occupancy by the same number of families as the number of dwelling units.

(4)

Townhouse/Row House - Attached multi-story row housing containing four (4) or more dwelling units in the aggregate.

Eligible household. An individual or household whose annual income is at or below one hundred twenty (120) 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 of attribution of income to assets.

Mixed-use development project. A development project containing a multi-family residential use over at least one (1) floor of retail, restaurant, recreation, entertainment and/or arts use, where the active use is not less than fifty (50) percent of the first-floor occupiable area and provided that separate and distinct building entrances are provided for residential and nonresidential uses.

Nonresidential use. Office, retail, restaurant or institutional use, inclusive, or some combination of the same, not located within a mixed-use development project.

Restaurant. Any business establishment principally engaged in serving food, drink, or refreshments, whether prepared on or off the premises provided, however, that drive-through windows are not allowed.

Retail use. Business establishments selling goods and/or services to customers on-site, generally for end use personal business or household consumption. A reasonable amount of storage of said goods shall also be assumed to be an integral part of retail use.

Parties in interest. The petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list.

Site plan. A plan depicting a proposed development project for all or a portion of the Fairgrounds Overlay District and which is submitted to the approving authority for its review and approval in accordance with the provisions of section 27-85-89A.

Site plan approval. The approving authority's authorization for a proposed development project based on a finding of compliance with this article and design standards after the conduct of a site plan review.

Site plan review. The review procedure established by this article and administered by the planning board of the City of Brockton, acting in its capacity as the approving authority.

Special permit for uses not permitted by right. The planning board shall and decide applications for special permits for all uses not permitted as-of-right under this chapter. The board may issue special permits only following public hearings held within sixty-five (65) days after filing of an application with the board. The board may, in accordance with Chapter 40A of the General Laws, grant special permits for such designated uses without any finding of hardship. In acting upon special permits, the board shall consider the general purpose and intent of FOD and, in order to preserve community values, may impose conditions and safeguards deemed necessary to protect the surrounding neighborhood.

Underlying zoning. The zoning requirements adopted pursuant to M.G.L.A. c. 40A that are otherwise applicable to the geographic area in which the Fairgrounds Overlay District is located, as said requirements may be amended from time to time.

Unrestricted unit. A dwelling unit that is not restricted as to rent, price or eligibility of occupants.

Use, accessory. A use subordinate to the principal use on the same lot or in the same structure and serving a purpose customarily incidental to the principal use, and which does not, in effect, constitute conversion of the principal use of the lot, site or structure to a use not otherwise permitted in the smart growth district. Accessory uses are permitted or prohibited in the Fairgrounds Overlay District to the same extent as if such uses were principal uses.

Use, principal. The main or primary purpose for which a structure, building, or lot is designed, arranged, licensed, or intended, or for which it may be used, occupied, or maintained under this article.

(Ord. No. 02-17-2025(1), 2-17-25)

(1)

The following uses shall be permitted in the FOD as-of-right upon site plan approval pursuant to the provisions of this article.

a.

Multi-family homes.

b.

Townhouses.

c.

Accessory uses customarily incidental to any permitted use including, but not limited to, management and social and resident services offices and resident facilities.

Any principal permitted use is as stated above, multi-family dwellings with up to one thousand seven hundred fifty (1,750) units, including but not limited to residential group development as defined in section 27-61. Any units in excess of 1,750 require a special permit from the planning board. Any use not specifically permitted in this article is considered prohibited.

(2)

Residential—Standards. The following dimensional standards shall apply to residential buildings within the Fairgrounds Overlay District:

a)

Green space. For purposes of this provision, green space may be satisfied with active or passive recreational use, and may be provided on the roof or at grade. Green space must be pervious. A minimum of twelve (12) percent of the twenty (20) percent green space minimum shall be at grade.

a)

Age-restricted housing units. An applicant may propose a residential or mixed-use development project in which all dwelling units are designed for or accessible to the elderly or the handicapped under all applicable laws and regulations. All such development projects shall be governed by the requirements of this article and applicable design standards.

(3)

Mixed-use provisions.

a)

Building separation. Multiple buildings shall be allowed on any site within the Fairgrounds Overlay District provided that if the buildings are not connected above-grade there is a minimum setback of twenty (20) feet between each structure above-grade.

b)

Mixed-use development. Buildings may include a portion not to exceed fifty (50) percent of the total gross floor area to be used for any other allowed uses in the FOD. Must only abut West Street or Forest Avenue. Mixed-use development shall not abut Thurber Avenue.

(4)

Prohibited uses.

a)

Any use which emits strong odors, dust particles, smoke, or poses any danger, such as manufacture of acids, gases, fertilizers, glue, petroleum refining, reduction of animal matter, cement, gypsum, or explosives.

b)

Any other use dangerous to persons within or outside the district by reason of emission of odor, fumes, gases, particulate matter, smoke, noise, vibration, glare, radiation, electrical interference, threat of fire or explosion, or any other reason that negatively impacts residential use.

c)

Any use not listed as a permitted as of right use is expressly prohibited.

(5)

Parking.

a)

Residential. A minimum of one point five (1.5) parking spaces per residential unit. Parking accessory to any of the above permitted uses, including surface, garage-under, and structured parking provided; however, on-site surface parking shall not provide more than thirty (30) percent of the required parking per project.

b)

Disability access. Parking shall be designed and constructed to comply with all applicable disability access requirements including, but not limited to, the Americans with Disabilities Act (ADA).

c)

Parking waiver. The planning board has the authority to grant a waiver from the parking ratio requirements of this section for up to a fifty (50) percent reduction in required parking provided that the planning board finds, in addition to any requirements set forth in section 27-54, that the mixed-use nature of the development reduces overall vehicular demand, or that the project is implementing transportation demand measures to reduce vehicular demand and/or impacts from the project.

d)

Off-street parking. Any required parking, except required accessible parking spaces, may be provided on any other parcel located within the Fairgrounds Overlay District by a cross-parking agreement.

e)

Location and buffering of surface parking. Any surface parking lot shall, to the of a building, relative to any public right-of-way, public open space, or pedestrian way. Surface parking areas shall be shielded from the public right-of-way, public park space or pedestrian way by a seven (7) foot wide landscaped buffer yard. The buffer yard shall be separated into a two (2) foot auto overhand area and a five (5) foot wide densely planted landscaped area, the two (2) areas separated by a four (4) foot non-obscuring decorative metal fence. A row of deciduous shade trees shall be planted in the landscaped area, not less than one (1) tree for each twenty-five (25) feet of frontage.

(Ord. No. 02-17-2025(1), 2-17-25)

Design standards for the Fairgrounds Overlay District will be adopted by the planning board and recorded.

(1)

Architecture and buildings.

a.

Materials.

1.

Structures shall convey a sense of quality, durability and permanence. Buildings shall use materials that are durable, economically maintained, and of quality that will retain their appearance over time.

2.

Building facade materials permitted within the district include but are not limited to brick, wood, cementitious fiber board, manufactured limestone, cast stone, masonry, stone, glass, cellular PVC trim, aluminum, and tile.

3.

A combination of materials shall be used in order to create visual interest.

4.

Windows may include aluminum, wood, or fiberglass for the purposes of achieving energy efficient design.

b.

Grade.

1.

To increase privacy, the elevation of the first floor of a residential building shall be two (2) feet above the adjacent grade.

c.

Features.

1.

Building roofs may generally include: dormers, cornices, pitched roofs, and flat roofs;

2.

Windows may include: fixed, single or double-hung, casement, hopper or awning;

3.

Residential buildings may be sited to allow for front steps, balconies, planted front setbacks with raised front entrances, and front and/or rear porches.

(2)

Landscaping. The following should be considered:

a.

Drought tolerant and native non-invasive plant species that require minimal irrigation and fertilizer shall be selected.

b.

Preservation of significant existing trees or another native site vegetation should occur as practical.

c.

Residential buildings shall have foundation landscaping where practical.

d.

Amenities may include, but not be limited to, bicycle racks, street furniture, fences, stone walls, courtyards, playgrounds, gazebos, water features, and picnic benches.

(3)

Site lighting.

a.

Lighting shall not create overspill onto adjacent properties or upwards into the night sky except per subsection 2(b).

b.

Uplighting is encouraged when used as follows:

1.

To light entrances.

2.

To light site signage.

3.

To light architectural features.

c.

Lighting should be provided for sidewalks and paths that link buildings with public spaces and parking areas, wherever practical.

(4)

Stormwater management.

a.

Systems shall be designed to incorporate "Best Management Practices" (BMP) as prescribed by MA DEP, in addition to employing Low Impact Development (LID) strategies, where practical.

b.

Comply with the Brockton Stormwater Ordnance.

(5)

Roadways.

a.

Vehicular circulation shall meet the needs of emergency and public safety vehicles based on reasonable requirements of the Brockton Chief of Police and Fire Chief.

b.

Roadways shall be designed to encourage traffic calming and safety for pedestrians and bicyclists.

c.

Sidewalks, crosswalks, and walkways should be provided as needed for connectivity within the district.

d.

Sidewalks abutting Forest Avenue, Belmont and West Streets and other major internal circulations ways shall be no less than fifteen (15) feet wide.

(6)

Dumpsters, utilities, service areas.

a.

All utilities shall be underground.

b.

All dumpster shall be screened or covered to the extent feasible.

(7)

Loading. No loading shall be required for residential developments under fifty (50) units. Loading for mixed-use properties shall reasonably be determined by the planning board.

(8)

The site design for development projects may include common open space and facilities. Where proposed, the plans and any necessary supporting documents submitted with an application for site plan approval within the FOD shall show the general location, size, character, and general area within which common open space or facilities will be located. The plans and documentation submitted to the approving authority shall include a description of proposed ownership and maintenance of all common open space or facilities.

(Ord. No. 02-17-2025(1), 2-17-25)

(1)

Applicability. Proposals for as-of-right development projects in the FOD shall require site plan review by the planning board. The approving authority may adopt administrative rules and regulations relative to the site plan approval process. Such rules and regulations and any subsequent amendments must be on file with the city clerk.

a.

Site plan review for as-of-right projects shall proceed expeditiously and within ninety (90) days of submission of the application the Planning Board shall enter its decision and file it with the City Clerk or its deemed approved.

b.

Any use not permitted by right as a principal or accessory use, including units in excess of one thousand seven hundred fifty (1,750), require a special permit from the planning board. Any use not specifically permitted in this article is considered prohibited.

(2)

The permit granting authority shall be the planning board. This will ensure departmental review by the planning department and incorporation into the final development plans all appropriate city agency recommendations. This permit shall be a written authorization which will include the conditions and special conditions deemed necessary and appropriate by the planning board, acting as the permit granting authority (PGA) and shall be recorded and enforced by the City of Brockton like special permits issued by the zoning board of appeals. Additionally, for where a special permit is required under this chapter, the approval shall be considered a special permit subject to the procedural requirements of M.G.L. chapter 40A or chapter 27 of the Revised Ordinances of the City of Brockton.

(3)

Pre-application review. The applicant is encouraged to participate in a pre-application review at the office of the city planner. The purpose of the pre-application review is to obtain the advice and direction of municipal departments typically involved in the regulatory permitting process prior to filing the application. At the pre-application review the applicant shall outline the proposal and seek preliminary feedback from the office of the city planner and other municipal review entities.

(4)

Application procedures. The applicant and/or his/her agent are to complete an application form available from the city and submit site plans in accordance with sections 27-87 through 27-89, inclusive. The city clerk shall stamp the time and date received on this application form, which is the official date of the application.

(5)

Site plan review decision. Unless the time period for a decision is extended by written agreement between the applicant and the approving authority, the approving authority shall make a decision on the site plan application, in accordance with sections 27-86, 27-87, 27-88 and 27-89, 27-89A and M.G.L.A. c. 40A. The time limit for public hearings and taking of action by the approving authority may be extended by written agreement between the applicant and the approving authority. A copy of such agreement shall be filed with the city clerk.

(6)

Criteria for conditional approval. The approving authority may impose conditions on a development project as necessary to ensure compliance with this article and the design standards set forth in this chapter and consistent with site plan review. The approving authority may allow construction of an approved development project to be phased.

(7)

Criteria for denial. The approving authority may deny an as-of-right application for site plan approval pursuant to this article only if it finds the following: The development project does not meet the conditions and requirements set forth in this article, applicable design standards and/or site plan review.

(8)

Time limit. A site plan approval for any principal permitted use shall remain valid and shall run with the land indefinitely provided that construction has commenced within three (3) years after the decision issues, which time shall be extended by the time required to adjudicate any appeal from such approval. Said time shall also be extended if the project proponent is actively pursuing other required permits for the project or if there is good cause for the failure to commence construction, or as may be provided in an approval for a multiphase development project.

(9)

The planning board may authorize the issuance of a special permit for special uses, only in accordance with the following provisions:

a.

Special uses for which special permits may be issued shall be deemed to be a permitted use, subject to the conditions contained in this article. Any special use permitted as provided for herein shall be deemed a conforming use only as of the time of its actual establishment.

b.

Each special use shall be considered an individual case and such use shall conform to the standards of this article. In addition to the specific requirements for each of the special uses enumerated elsewhere in this article, the board of appeals shall find that:

c.

The special use fully complies with all applicable regulations of this or other city ordinances.

d.

The use will be of such location, size and character that, generally, it will be in harmony with the appropriate and orderly development of the zone in which the use is situated and will not be detrimental to the existing neighborhood or orderly development of adjacent properties nor inconsistent with any officially adopted master plan for the city.

e.

Adequate ingress and egress from parking areas is so designed as to cause minimum interference with traffic on abutting streets.

f.

Such use will also fully comply with the additional standards set forth in section 27-38.

g.

In the floodplain, watershed and wetlands protection zone such uses must not conflict with the purposes of the zone by reducing water storage capacity, interfering with the natural flow of any watercourse, or otherwise affecting the natural hydrology of an area or endangering the health or safety of the residents thereof.

h.

Each special permit issued by the planning board for projects within the FOD shall lapse within one (1) year from the date of issuance if a substantial use has not commenced prior to the year's expiration without good cause, or in the case of a permit for construction, if construction has not begun by such date except by good cause.

(j)

Enforcement and appeal. The provisions of the FOD shall be administered by the building inspector, except as otherwise provided herein. Any appeal arising out of action by the approving authority regarding application for plan approval shall be governed by the provisions of MGL c. 40A applicable to as-of-right projects which have been subject only to a nondiscretionary site plan review not involving or requiring any special permit and shall be made to a court of competent jurisdiction as set forth in MGL c. 40A, § 17.

(k)

No certificate of occupancy shall be issued unless and until all deeds, covenants, contractual agreements, and other documents necessary to ensure compliance with this article have been submitted to and approved by the permitting authority's designee and the payment of all fees has been made.

(Ord. No. 02-17-2025(1), 2-17-25)

All development projects within the Fairgrounds Overlay District shall comply with applicable federal, state and local fair housing laws.

(Ord. No. 02-17-2025(1), 2-17-25)

(1)

Minor change. After plan approval, an applicant may apply to make minor changes. Minor changes are those that do not qualify as a major change as defined in subsection (2) below. Such minor changes must be submitted to the approving authority on so-called "bubbled" prints of the approved plan, reflecting the proposed changes. The approving authority may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The approving authority shall set forth any decision to approve or deny such minor change by motion and written decision within thirty (30) days after the applicant has filed the application, and the approving authority shall provide a copy of its decision to the applicant for filing with the city clerk and failure by the approving authority to act on a minor change application within thirty (30) days shall result in the deemed approval of the application and proposed change as a minor change.

(2)

Major change. Major changes shall be processed by the approving authority as an amendment for plan approval pursuant to this article, including a public hearing. Major changes shall include:

a.

An increase to the proposed number of dwelling units by ten (10) percent or greater.

b.

A decrease to the proposed number of parking spaces by ten (10) percent or greater.

c.

An increase to the proposed number of parking spaces by ten (10) percent or greater, or by an amount that would require increases to the proposed design capacity of on-site stormwater management BMPs.

d.

Increase or decrease to the footprint of any proposed residential structure by more than five thousand (5,000) square feet.

e.

Movement of any automobile access point along the public right-of-way by more than thirty (30) feet.

f.

Realignment of any interior roads or parking features that would make circulation of emergency response vehicles more difficult.

g.

Any change that, in the opinion of the approving authority, could pose a threat to public health, safety, or welfare.

(Ord. No. 02-17-2025(1), 2-17-25)

(1)

An application to the approving authority for plan approval shall be governed by the applicable provisions of this article in effect at the time of the submission of the application, while the plan is being processed, during the pendency of any appeal, and for five (5) years after the resolution of an appeal after plan approval. If an application is denied, such provisions in effect at the time of the application shall continue in effect with respect to any further application filed within two (2) years after the date of the denial, except as the applicant may otherwise choose.

(2)

A plan approval, and any and all minor changes thereto sought by an applicant, shall remain valid and shall run with the land indefinitely, and a project shall be governed by the applicable provisions of this article in effect at the time of the submission of the original application for such original plan approval (without regard to applications for minor changes) indefinitely, provided that construction of the project covered by such plan approval has commenced within three (3) 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 further extended as provided in a plan approval for a multiphase project. Such commencement of construction of the first phase of a project covered by such plan approval within such three-year period, as so extended, shall constitute the timely commencement of construction of all phases of the entire project for the purposes of this article. No phase of a project shall be in violation of zoning on account of a violation of zoning solely by one (1) or more other phases of such project. For purposes of this article, commencement of construction shall include any material expenditure of funds on utility relocation, site work or environmental remediation, footings or foundation for any portion or phase of the project.

(3)

The approving authority may impose, but shall not be required to impose, such outside time limits for the commencement of the final phase of a phased project as it sees fit, provided that the earliest date for such required commencement of such final phase shall not be earlier than eight (8) years after the plan approval decision is issued, as extended as provided above, nor later than fifteen (15) years after the plan approval decision is issued, as extended as provided above, and further provided that any failure to meet such outside time limits shall only affect the right to construct the unbuilt phase(s) and shall not affect the previously constructed phase(s) or the respective rights of the same. In the event of a casualty affecting a building or structure which itself, or the use thereof, would be nonconforming with the provisions of this article but for the grandfathering provided by this section, such structure may be repaired, rebuilt and/or reconstructed, as necessary, provided that any such repair, rebuilding or reconstruction shall be commenced within three (3) years after the date of such casualty, and shall thereafter be diligently and continuously prosecuted to completion. Except as provided in any one (1) or more of the preceding sentences of this subsection, any amendment to this article shall apply to building permits applied for after the first notice of public hearing on such amendment.

(4)

The owner of a project, or applicable portion thereof, may choose to waive the benefit of the provisions of this section in writing.

(5)

No further plan approval, special permit, variance or the like shall ever be required to reconstruct a project, or portion thereof, following any casualty.

(Ord. No. 02-17-2025(1), 2-17-25)

The effective date of this article shall be the date on which such adoption is voted upon by the Brockton City Council pursuant to the requirements of M.G.L.A. c. 40A § 5 provided, however, that an applicant may not proceed with construction pursuant to this article prior to the receipt of final approval of this article and accompanying zoning map by the department of housing and community development.

(Ord. No. 02-17-2025(1), 2-17-25)

The provisions of this article are severable. If any provision of this article is held invalid, the other provisions shall not be affected but shall remain in full force.

(Ord. No. 02-17-2025(1), 2-17-25)