Fall River City Zoning Code
ARTICLE III
Districts and District Use Regulations
§ 86-31 Fee for application for change in district boundaries.
Each application for a proposed change to the existing zoning district boundaries shall require a fee as provided in Chapter A110, Fee Schedule, of the City Code, to be paid to both the Planning Board and the City Clerk to cover the cost of advertising the petition.
§ 86-32 Districts established; Zoning Map.
A.
For the purpose of this chapter, the City is hereby divided into the following districts:
Single-Family Residence District | S | |
Single-Family Residence District | R-8 | |
Single-Family Residence District | R-30 | |
Single-Family Residence District | R-80 | |
Two-Family Residence District | R-4 | |
General Residence District | G | |
Multiple-Family Residence District | M | |
Apartment District | A-2 | |
Central Business District | CBD | |
Mixed Use Business District | MBD | |
Neighborhood Shopping District | B-N | |
Local Business District | B-L | |
Waterfront and Transit-Oriented Development District | WTOD | |
Medical District | MD | |
Commercial Mill District | CMD | |
Industrial Park District | IP | |
Open Space/Recreational District | OS | |
Water Resource District | WR | |
Housing Development Overlay District | HD | |
Arts Overlay District | AOD | |
Research and Development Overlay District | RDOD | |
Watershed and Water Supply Protection District | WWD |
B.
The boundaries of each of these districts are hereby established as shown on the map entitled "Zoning Map of the City of Fall River," filed in the office of the City Clerk, which map, together with all the boundary lines and designations thereon, is hereby made a part of this chapter.
§ 86-33 Determination of district boundaries.
A.
The location of the boundary lines shown upon the Zoning Map which is a part of this chapter shall be determined as follows:
(1)
Where the boundary lines are shown upon the map within the street lines of public or private streets or ways, the center lines of such streets or ways shall be the boundary lines.
(2)
Boundary lines located outside of street lines and shown approximately parallel thereto shall be regarded as parallel to such street lines, and figures placed upon the map between such boundary lines and the street lines shall be the distances in feet of such boundary lines from the street lines, such distances being measured at right angles to the street lines unless otherwise indicated.
(3)
Where the boundary lines are shown approximately on the location of property or lot lines, and the exact location of such boundary lines is not indicated by means of figures, distances or otherwise, then the property lines or lot lines shall be the boundary lines.
(4)
Where districts border upon any body of water, any boundary line between two adjoining districts which is indicated on the map as ending at the shoreline shall be regarded as extending out into the body of water in the same direction as indicated on the land to such distance as to include in the district on each side of the extension of the boundary line the area in which any building or structure has been or may be constructed or premises may be occupied.
(5)
In any cases which are not covered by the provisions of this section, the location of boundary lines shall be determined by the distances in feet, if given, from other lines upon the map, or, if distances are not given, then by the scale of the map.
(6)
Wherever any uncertainty exists as to the exact location of a boundary line, the location of such line shall be determined by the Building Inspector.
(7)
Where a district boundary line divides a lot which was in single ownership on the effective date of the ordinance from which this subsection is derived,[1] the entire lot shall be deemed to be in that district in which the greater part of the lot lies; except that in a case where a lot is so divided contains land at least equal to the minimum required for a permitted use in each district, the Building Inspector may permit the lot to be divided to provide for such separate uses.
B.
Any highway, public way, private way or public land hereafter laid out and accepted, approved or acquired in accordance with law shall be added to the Zoning Map, and any highway, public way, private way or public land discontinued in accordance with law shall be removed from the Zoning Map without any further action of the City Council.
§ 86-34 Applicability of district regulations.
The regulations set by this chapter within each district shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, unless specifically exempted under the terms of this chapter. In particular:
A.
No building, structure or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except in conformity with all of the applicable regulations in this chapter.
B.
No part of a yard or other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.
C.
No yard or lot existing on the effective date of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth in this chapter. Yards or lots created after such effective date shall meet at least the minimum requirements established by this chapter.
D.
No land within the City may be used for the collection, treatment, storage, burial, incineration or disposal of radioactive waste, including but not limited to waste classified as low-level radioactive waste.
E.
Illumination of buildings, yards and signs shall not constitute a hazard to motor vehicle operators, and the light sources of such illumination shall be shielded from adjacent residential districts and streets. Flashing, moving or intermittent illumination shall not be permitted.
§ 86-35 Table of Dimensional Regulations.
The Table of Dimensional Regulations included as an attachment to this chapter is incorporated in and made part of this chapter. In the event of discrepancies between the narrative text in the sections of this chapter and the table, the text of the sections shall control.
§ 86-36 Table of Uses.
The Table of Uses included as an attachment to this chapter is incorporated in and made part of this chapter. In the event of discrepancies between the narrative text in the sections of this chapter and the table, the text of the sections shall control.
§ 86-141 Single-Family Residence District (S).
(Reserved)
§ 86-142 Single-Family Residence District (R-8).
(Reserved)
§ 86-143 Two-Family Residence District (R-4).
(Reserved)
§ 86-144 Single-Family Residence District (R-80).
(Reserved)
§ 86-145 Single-Family Residence District (R-30).
(Reserved)
§ 86-146 General Residence District (G).
(Reserved)
§ 86-147 Multiple-Family Residence District (M).
(Reserved)
§ 86-148 Apartment District (A-2).
A.
Every dwelling unit for this district shall contain at least three rooms, exclusive of halls, and a bathroom. Such three-room dwelling unit shall contain at least 600 square feet of floor space and an additional 120 square feet of floor space for each additional room.
B.
Dimensions. See the Table of Dimensional Regulations included as an attachment to this chapter (§ 86-35).
C.
In this Apartment District, the minimum lot area shall be 10,000 square feet for the first dwelling unit and 2,000 square feet for each additional dwelling unit.
[Amended 6-28-2016 by Ord. No. 2016-22]
§ 86-171 Central Business District (CBD).
(Reserved)
§ 86-172 Mixed Use Business District (MBD).
(Reserved)
§ 86-173 Neighborhood Shopping District (B-N).
(Reserved)
§ 86-174 Local Business District (B-L).
(Reserved)
§ 86-175 Waterfront and Transit-Oriented Development District (WTOD).
A.
Uses. See the Table of Uses included as an attachment to this chapter (§ 86-36).
B.
Dimensional regulations. See the Table of Dimensional Regulations included as an attachment to this chapter (§ 86-35).
(1)
Maximum building height: shall not exceed six stories or 80 feet, whichever is greater. This restriction shall not apply to chimneys, ventilators, tanks, bulkheads and other accessory features required above roofs or to towers, spires, domes and ornamental features of churches and other nonresidential buildings. The maximum building height may be increased to 12 stories or 150 feet upon granting of a special permit by the Zoning Board of Appeals.
(2)
Minimum parking requirements:
(a)
Dwelling units: 1.5 spaces per unit if less than 50 units; 1.25 spaces per unit if 50 or more units.
(b)
Restaurant and retail establishments: no dedicated parking spaces required.
(c)
Hotel or lodging room: one space for each hotel room or lodging room.
(d)
Office use: one space per each 200 s.f. of gross floor area; after 10,000 s.f. of gross floor area, one space for every 1,000 s.f. of gross floor area.
(e)
Industrial uses: one space per each 500 s.f. of gross floor area.
(f)
Water-dependent uses: 0.6 space per each boat slip or mooring.
(g)
Mixed-use developments that share parking spaces, containing more than 200 spaces, may reduce the required number of spaces by 30%.
D.
Interaction with state statutes and regulations. Nothing in § 86-175 shall be deemed to be inconsistent with or supersede any federal or state statute, rule or regulation regarding waterfront property, including but not limited to the Deepwater Port Act of 1974, Massachusetts General Laws Chapter 91 regulating waterways, or the state wetlands protection statute.
§ 86-176 Medical District (MD).
A.
District established. There is hereby established a Medical District within the City. Said district is bound and described as follows:
Beginning at a point at the center line intersection of Seventh Street and Pleasant Street; thence running northerly by the center line of Seventh Street to the center line intersection of Seventh Street and Bedford Street; thence running easterly by the center line of Bedford Street to the center line intersection of Bedford Street and 12th Street; thence running southerly by the center line of 12th Street to the center line intersection of 12th Street and Pleasant Street; thence running easterly by the center line of Pleasant Street to the center line intersection of Pleasant Street and Front Street; thence running southerly by the center line of Front Street to a point on the eastern property line of Map M-11, Lot 10; thence southerly along the eastern property line of Map M-11, Lot 10 approximately 189 +/- feet; thence easterly along the southerly property line of Map M-11, Lot 10 approximately 68 +/- feet; thence crossing I-195 to a point on the easterly property line of Map I-19, Lot 9; thence southerly along easterly property line of Map I-19, Lot 9 approximately 398 +/- feet; thence southerly along the westerly line of Map I-19, Lot 7 approximately 100 +/- feet; thence westerly along the southerly property line of Map I-19, Lot 9 approximately 301 +/- feet; thence southerly along the westerly property line of Map I-19, Lot 16 to the center line of Rodman Street; thence westerly along the center line of Rodman Street to the center line intersection of Rodman Street and Plymouth Avenue; thence southerly along the center line of Plymouth Avenue to the center line intersection of Plymouth Avenue and Morgan Street; thence westerly along the center line of Morgan Street to the center line intersection of Morgan Street and Hartwell Street; thence northerly along the center line of Hartwell Street to the center line intersection of Hartwell Street and the eastbound ramp 6 of I-195; thence along the eastbound exit ramp 6, crossing I-195 to the center line of westbound ramp 6 of I-195; thence along the center line of westbound exit ramp 6 to the center line of Pleasant Street; thence along the center line of Pleasant Street to the point of beginning.
B.
Uses. See the Table of Uses included as an attachment to this chapter (§ 86-36).
C.
Dimensional regulations. See the Table of Dimensional Regulations included as an attachment to this chapter (§ 86-35).
§ 86-178 King Philip Mills Overlay District (KPMOD).
[Added 11-14-2017 by Ord. No. 2017-26]
A.
Purpose. The purpose of the KPMOD is to provide adequate minimum standards and procedures for the construction of new and rehabilitation of existing structures so as to promote economic and cultural development in the King Philip Mill area.
B.
Location. The KPMOD is hereby established as an overlay district comprised of the area between the south side of Dwelly Street, the east side of Kilburn Street, the north side of Charles Street extended to Cook Pond and the western and northwestern shoreline of Cook Pond, specifically excluding areas located within said boundaries which have been designated as residentially zoned on the effective date of this section. The KPMOD is hereby designated and more specifically shown on the City of Fall River Zoning Map, as may be subsequently amended, on file in the office of the City Clerk.
C. APPLICANT DWELLING UNIT PROPOSED PROJECT PROPOSED PROJECT SITE REGULATIONS UPPER LEVEL FLOORS
Definitions. Within this § 86-178, the following terms shall have the following meanings:
The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit hereunder. The applicant must own, or be the beneficial owner of, all the land included in the proposed site, or have authority from the owner(s) to act for him/her/it/them or hold an option or contract duly executed by the owner(s) and the applicant giving the latter the right to acquire the land to be included in the site.
A residence, including studio units. Each residence shall contain a living area, bathroom and, except in studio units, one or more bedrooms, and may contain a kitchen area or combination kitchen/living area.
The project proposed by the applicant for which a special permit is being sought.
The parcel of land, with buildings thereon, on which the proposed project is located.
The rules and regulations of the Planning Board.
Any floor of a building that is located above the street level floor. In the event that two floors of the same building are level to a street or streets, neither of the two floors shall be considered upper level floors. Notwithstanding the previous sentence, in the event the Planning Board determines that the majority or an equal amount of street access is provided through the lower of the two floors level to a street or streets, the higher of the two floors level to a street or streets may be deemed an upper level floor.
D.
Front yard.
(1)
No story or part of any building, except projecting eaves or uncovered steps, shall be erected nearer to the street line of any street on which it fronts than the average alignment of the corresponding stories or parts of existing buildings within 200 feet on each side of the lot and within the same block and district. Where there is a building on one or both of the adjoining lots, the front yard for a building shall have a depth equal to the average of the front yard depths of the two adjoining lots. A lot without a building shall be counted as having a front yard of the depth required by this chapter. If there are no existing buildings on the same side of the street, the average setback alignment of corresponding stories within 200 feet on each side of and directly opposite the lot shall govern.
(2)
Notwithstanding the previous Subsection D(1), no building constructed within the KPMOD shall have a front yard that exceeds 10 feet.
E.
Special permit. Pursuant to the requirements of this § 86-178, the following may be permitted upon the issuance of a special permit by the Zoning Board of Appeals:
(1)
Residential dwelling units on all floors of preexisting structures;
(2)
Commercial uses on the ground floor of preexisting structures;
(3)
Reductions in setbacks, density, green space and parking requirements to allow for the development of residential dwelling units on all floors of preexisting structures;
(4)
Reductions in parking requirements for commercial use of preexisting or new structures.
F.
Special permit application.
(1)
An application for a special permit shall be submitted to the Zoning Board of Appeals on forms furnished thereby. Applicants are encouraged to rehabilitate existing structures and to permit reuses which are compatible with the character of the neighborhood and which take into consideration the interests of abutters, neighbors and the public, especially where the site abuts a residential area or the building(s) merits preservation.
(2)
In addition, the applicants shall submit:
(a)
The following plans:
[1]
A copy of the site plan approved by the Planning Board, if required pursuant to Chapter 10, Buildings and Building Regulations, § 10-1 et seq., of the City Code. Notwithstanding the previous sentence, the applicant may choose to seek site plan approval from the Planning Board at the same time the Zoning Board of Appeals is considering his application for a special permit, hereunder, in which case he shall submit a statement indicating that he has filed an application for site plan approval with the Planning Board. Upon receipt of said statement, signed under the penalties of perjury, on a form prescribed by the Zoning Board of Appeals, the Zoning Board of Appeals shall deem this requirement fulfilled and shall include a condition in any approval that said approval is contingent upon the approval of said site plan by the Planning Board.
[2]
A plan illustrating location and layout of buildings, including layouts of any dwelling units. Additional drawings may be subsequently required by the Planning Board.
(b)
The following narrative reports or data:
[1]
A proposed development schedule showing the beginning of construction, the rate of construction and development, including stages, if applicable, and the estimated cost of construction and date of completion;
[2]
Information pertaining to any organization which the applicant proposes to form where the development is to be a condominium development, including forms and plans to be used to organize and manage the same, for approval as to form by Corporation Counsel;
[3]
Copies of all proposed covenants, easements, and other restrictions which the applicant proposes to grant to the City, the Conservation Commission, utility companies, any condominium organization and the owners thereof, including plans of land to which they are intended to apply, for approval as to form by Corporation Counsel;
[4]
Any and all other information that the Zoning Board may reasonably require in a form acceptable to it to assist in determining whether the applicant's proposed development plan meets the objectives of this section;
[5]
Compliance with any relevant housing development incentive program for any housing development zone within which the property lies.
G.
Action by the Zoning Board of Appeals. The Board may grant a special permit where it makes the following findings:
(1)
The proposed project complies with the requirements of this section;
(2)
The proposed project does not cause substantial detriment to the neighborhood after considering the following potential consequences:
(a)
Noise, during the construction and operational phases;
(b)
Pedestrian and vehicular traffic;
(c)
Environmental harm;
(d)
Visual impact caused by the character and scale of the proposed structure(s);
(e)
Where relief to parking requirement has been sought, applicant has demonstrated that reasonable efforts have been made to comply with parking requirements;
(f)
For conversions of existing structures, the Zoning Board of Appeals must find that the proposed project protects the City's heritage by minimizing removal or disruption of historic, traditional or significant uses, structures or architectural elements, whether these exist on the site or on adjacent properties. If the building is a municipally owned building, the proposed uses and structures are consistent with any conditions imposed by the Planning Board on the sale, lease, or transfer of the site.
§ 86-201 Commercial Mill District (CMD).
A.
B.
Formerly known as the "Industrial District (IND)."
§ 86-202 Industrial Park District (IP).
The following shall apply in the Industrial Park (IP) District:
A.
All operations shall be conducted and all materials used in such operations or held in storage shall be contained within enclosed buildings or enclosed by a solid wall, fence or planting of such nature and height as to conceal such operation or materials from view from any public way or area or neighboring premises.
B.
Waste materials produced by such operations shall be disposed of, stored in buildings or enclosed as specified in Subsection A of this section.
C.
Dust, smoke, fumes, gas, glare, noxious odors, noise and vibrations shall be limited so as not to be injurious to the public health or to the use of neighboring property as provided by the laws of the commonwealth.
D.
Not less than 20% and not more than 70% of the lot shall be covered by improvements, meaning buildings, parking areas, driveways and access roads, and outside storage or assembly areas.
E.
Buildings housing manufacturing operations shall be set back at least 50 feet from any street line and at least 40 feet from any side or rear lot line. Offices, parking areas and outdoor storage or work areas shall be at least 25 feet from any street line and 20 feet from any side or rear lot line. The setback areas shall be left in a natural unimpaired state or landscaped.
H.
In a specific case, the Zoning Board of Appeals shall, after a public hearing, grant a permit for the following uses, unless, in the opinion of the Board, such use would be detrimental to the Industrial Park District and not in the best interest of the City:
(1)
To locate an office building or vehicle parking closer than 25 feet to any street line.
(2)
To locate a display sign in a location or of a type different from those allowed under Subsection E of this section.
(3)
To use the land for public accommodations such as a hotel, motel or inn, or for a restaurant.
(4)
To allow a distribution facility, including trucking terminals, wholesale distribution facilities, wholesale food processing and warehousing.
(5)
To reduce the required number of parking spaces.
I.
Sanitary landfill operations existing on the effective date of the ordinance from which this subsection is derived may be enlarged, increased and extended to occupy a greater area of land than that occupied on such date, to the limit of the property owned or held on such date for the landfill operations. Once such property limits have been reached, or if such sanitary landfill operation shall cease for any reason for a period of more than two years, any subsequent use of such land shall conform to the regulations specified by this chapter for this district.
§ 86-221 Open Space/Recreational District (OS).
(Reserved)
§ 86-222 Water Resource District (WR).
A.
Uses. In a Water Resource District, no structure or land shall be used and no structure shall be constructed, altered, enlarged or reconstructed except for one or more of the following uses:
(1)
Water control devices, dams or temporary structures to control water flow.
(2)
Structures and facilities used to maintain the existing and potential water supply.
(3)
Outdoor passive recreation, nature study, footbridges, plank walks, footpaths and bicycle paths.
(4)
Forestry and nonresidential buildings or structures used only in conjunction with harvesting or storage of forest products.
(5)
Such accessory uses as are customary in connection with any of the uses enumerated in this subsection and which are incidental thereto.
B.
Dimensional regulations. See the Table of Dimensional Regulations included as an attachment to this chapter (§ 86-35).