Fall River City Zoning Code
ARTICLE IV
Supplemental District Regulations
§ 86-253 Group residences.
A.
Generally. No land or structure within the City, in any district whatsoever, shall be used for a group residence, so-called, in which five or more persons unrelated by blood, marriage or adoption are housed and live together as a family, except those who are members of a religious organization, order, diocese or religious community.
B.
Special permit. In a specific case, the Zoning Board of Appeals, acting as the special Board of Appeals, may, after a public hearing, grant a special permit for the use of a structure and land for a group residence, provided there is no other group residence within 350 feet of the proposed site, and that such use will not be detrimental to the public good and will not adversely affect the value or amenity of neighboring property.
§ 86-321 Reduction of lot area.
A.
No lot shall be reduced in area or in its dimensions so that:
(1)
The new distances between buildings and street lines, lot lines or other buildings on the same lot shall be less than the distances required under the provisions of this chapter;
(2)
The lot area per family shall be less than the area required;
(3)
The percentage of lot area occupied at the level of any story shall be greater than the percentage permitted to be occupied; or
(4)
The dimensions or area of any court, yard or other open space shall be less than the dimensions or area required.
§ 86-322 Districts where permitted; site area.
In any zoning district, land of five acres or more may be used and existing structures thereon may be expanded or reconstructed for the primary purpose of agriculture, horticulture or floriculture. For such purposes, land divided by a public way or private way or waterway shall be construed as one parcel.
§ 86-341 District established; boundaries.
There is hereby established a Watershed and Water Supply Protection District within the City. The Watershed and Water Supply Protection District shall be considered as overlaying and shall overlay all other zoning districts within its boundaries. The district to be shown on the Zoning Map of the City of Fall River is bounded and described as follows: beginning at the intersection of Route 195 and the Fall River/Westport Line; thence running westerly by Route 195 to the easterly side of Route 24; thence northerly by the easterly side of Route 24 to the center line of Meridian Street; thence easterly and northerly by the center line of Meridian Street to a point 200 feet south of the center line of Watkins Street; thence easterly 600 feet to a point; thence northerly in a line parallel to Meridian Street 6,300 +/- feet; thence easterly 1,100 +/- feet; thence northerly 1,100 +/- feet in a line parallel to Meridian Street, to the center line of Wilson Road; thence westerly 100 feet by the center line of Wilson Road to the center line of Riggenbach Road; thence northerly by the center line of Riggenbach Road 5,500 +/- feet to the southerly line of the Research and Development Overlay District; thence easterly by the southerly line of said district 1,900 +/- to the easterly line of said district; thence northerly by the easterly line of said district 4,200 +/- to the Fall River/Freetown Boundary Line; thence easterly, southerly, southwesterly, westerly and southerly by the corporate boundary to the intersection of the corporate boundary, Route 195 and the point of beginning.
§ 86-342 Purpose.
The purposes of establishment of the Watershed and Water Supply Protection District are to:
A.
Promote the health, safety and general welfare of the community.
B.
Protect, preserve and maintain the existing and potential water supply within the City, with special regard to the watershed areas feeding into or affecting the Watuppa and Copicut reservoirs.
C.
Protect and preserve present and potential sources of water supply for the public health and safety.
D.
Protect and conserve the natural resources of the City.
E.
Prevent blight and pollution of the environment and particularly those areas within the Watershed and Water Supply Protection District.
§ 86-343 Review of plans and analyses.
A.
All plans, analyses and other documentary evidence required under this division must be submitted with any application for a building permit. In the event of appeal to the Planning Board or Zoning Board of Appeals, all plans and analyses must be filed with the appeal with the Planning Department.
B.
Copies of all such plans, analyses and documentary evidence shall be sent to the Planning Department, Board of Health and Conservation Commission. The Board of Health and the Conservation Commission shall have the opportunity to submit comments on the plans within 30 days to the Building Inspector. Failure to make such comment shall be treated as a decision that no comment is necessary.
§ 86-344 Enforcement.
No building permit shall be issued for development in the Watershed and Water Supply Protection District unless and until all of the standards and requirements in this division have been satisfied. The Building Inspector, the Health Department, the Conservation Commission and the Watuppa Water Board shall all have standing to enforce this division and to bring action for relief in appropriate courts if necessary.
§ 86-345 Special permits.
A.
The special permit granting authority referred to in this section shall be the Zoning Board of Appeals.
B.
No special permit shall be granted unless, in addition to all other conditions precedent to the granting of a special permit, the special permit granting authority specifically finds, based on adequate evidence submitted to it at a public hearing, that the proposed use:
(1)
Is in harmony with and consistent with the intent and purpose of this division and will promote and effectuate the purposes of the Watershed and Water Supply Protection District.
(2)
Is appropriate to the natural topography, soil, and geological and other characteristics of the site to be developed, including its relation to contiguous sites.
(3)
Will not, during construction or thereafter, have an adverse environmental impact on any aquifer or recharge area within the City.
(4)
Will not adversely affect any existing, developed or planned water supply.
(5)
Is consistent with existing and probable future development of contiguous and surrounding areas.
§ 86-346 Permitted uses.
A.
The Watershed and Water Supply Protection District shall be considered as overlaying and shall overlay all other zoning districts within its boundaries. Any uses permitted in the district or portion thereof so overlaid shall be permitted, subject to all provisions applicable to the district as set forth in this division.
B.
Development within 200 feet of the edge of a water body or its tributaries of the City's water supply shall be prohibited.
C.
In addition, no such use shall be permitted and no building permit shall be issued unless the standards in this division are met.
§ 86-347 Surface water runoff.
A.
There shall be no net increase in the rate of surface water runoff from any development in the Watershed and Water Supply Protection District, including road, parking area, highway and utility development, and the United States Department of Agriculture Natural Resources Conservation Service's most current revised Technical Release 55 (TR-55) is the preferred method for calculating runoff volume based on a twenty-five-year storm.[1]
B.
For all new residential subdivisions and developments, the owner will be required to submit plans and associated computations to the Planning Department detailing a wet detention pond with the appropriate vegetation to ensure nutrient removal. The wet pond must be designed to capture the first flush of a storm event. The storm event elevation of the incoming piping shall be set above the first flush volume. The detention pond must be sized adequately to contain a twenty-five-year storm. Storm events in excess of the twenty-five-year storm shall be diverted away from the pond into the appropriate receiving water. Maintenance of the wet pond to ensure its proper function shall be the duty and responsibility of the owner of the wet pond or his successors or assigns.
§ 86-348 Sewage disposal.
A.
Except for those situations involving repairs, no person shall install a new individual on-site sewage disposal system in the Watershed and Water Supply Protection District which will produce more than 330 gallons per day per acre of wastewater discharge. For the purpose of this section only, the definition of an acre shall be 40,000 square feet.
B.
Acreage determinations for compliance with the hydraulic loadings shall be exclusive of wetlands as designated pursuant to the standards of the commonwealth, DEP 310 CMR 10.
C.
Any proposed subdivision within 3,000 feet of a municipal sewer line shall connect all building lots within the subdivision to the City's sewers.
§ 86-349 Control of nutrient loading.
A.
Purpose. It is the intent of the City, through the implementation and enforcement of the regulations in this division, to protect its water supply from contamination from nutrients, the failure of which would endanger public health. These nutrients include, and are not limited to, nitrate-nitrogen, phosphate-phosphorus, chlorides, metals and hydrocarbons found as constituents in stormwater runoff and/or as components of leachate associated with septic systems and/or package treatment plants proposed to be located within the Watershed and Water Supply Protection District.
B.
Single-family dwellings. Each undeveloped lot, whether part of a subdivision or an existing lot of record, which is located within the Watershed and Water Supply Protection District shall provide a natural undisturbed fifty-foot buffer between any proposed construction and the City's water supply and its tributaries. A maximum clearing for driveway usage within the buffer shall not exceed 12 feet in width. Lawn areas shall not exceed 8,000 square feet for an 80,000 square foot lot or 10% of any other size lot. The total land disturbance shall not exceed 0.5 acre for an R-80 lot or 25% of any existing or proposed lot within the Watershed and Water Supply Protection District. The applicant shall submit to the Building Inspector a plan showing the requirements of this subsection, septic, well, driveway and house locations, with copies to the Conservation Commission and the Board of Health.
§ 86-350 Soil erosion and sediment control.
A.
A soil erosion and sediment control plan shall be submitted with each development application for the Watershed and Water Supply Protection District where the disturbed area of the proposed development is cumulatively greater than one-half acre.
B.
The soil erosion and sediment control plan shall contain proper provisions to adequately control accelerated erosion and sedimentation and reduce the danger from stormwater runoff on the proposed development site.
C.
The soil erosion and sediment control plan shall provide a schedule of activities, including the sequence of grading and construction, the sequence for installation and/or application of soil erosion and sediment controls, and the sequence of final stabilization of the project site.
D.
The soil erosion and sediment control plan shall include a site plan map with two-foot contour intervals, at an appropriate scale, clearly showing the following:
(1)
Existing and proposed topography, soil types, water bodies and watercourses, and wetlands;
(2)
Existing structures on the site (if any);
(3)
Proposed areas of alterations, roads, utilities, areas of cuts and fill, and property lines;
(4)
The location and design details of all proposed soil erosion and sediment controls and stormwater management facilities; and
(5)
The sequence of construction, installation/application of controls, and final stabilization of the site.
E.
Construction of a single-family dwelling that is not part of subdivision of land shall be exempt from the requirements of the soil erosion and sediment control plan.
§ 86-351 Prohibited uses.
In the Watershed and Water Supply Protection District, the following uses shall be prohibited:
A.
Cluster development.
B.
Disposal of solid wastes.
C.
Storage and/or transmission of petroleum or other refined petroleum products except within buildings which it will heat. No underground tanks will be permitted in any location.
D.
The disposal of liquid or leachable wastes, except for single-family residential subsurface waste disposal systems.
E.
The use of septic system cleaners which contain toxic organic chemicals.
F.
Industrial uses which discharge process wastewater on-site, including any commercial and service uses discharging wastewater containing contaminants other than normal organic waste.
G.
Storage of road salt or deicing chemicals.
H.
Use of chemicals for deicing unless deemed necessary for public safety.
I.
Dumping of snow brought in from outside the Watershed and Water Supply Protection District.
J.
The mining of land except as incidental to a permitted use.
K.
The transport, storage or disposal of hazardous wastes, as defined by the hazardous waste regulations promulgated by the Division of Hazardous Waste under the provisions of MGL c. 21C.
L.
The transport, storage or extended use of hazardous materials, as defined by the hazardous waste regulations promulgated by the Division of Hazardous Waste under the provisions of MGL c. 21C, except as incidental to a permitted use.
M.
Automotive service stations, junkyards and salvage yards.
§ 86-373 Purpose.
The purposes of establishment of the Arts Overlay District (AOD) are:
A.
To promote the expansion of art and culture within the community.
B.
To enhance the environment and improve site opportunities for fine arts uses within the AOD.
C.
To enhance vitality in the central business district - downtown - waterfront areas by fostering a mix of uses through establishing and increasing downtown housing opportunities and fostering arts-related development and activities. This district is intended to create a core of arts, cultural, and residential activities; encourage greater pedestrian activity as part of entertainment and residential uses, mixed with traditional retail and business activities; encourage economic revitalization; nurture artistic contributions to the City and region; and reduce crime in streets by remaining active for longer hours with shops and restaurants serving increased numbers of area residents and patrons.
§ 86-374 Underlying districts.
The AOD shall be considered as overlaying and shall overlay all other zoning districts within its boundaries. Any uses permitted in the district or portion thereof so overlaid shall be permitted, subject to all provisions applicable to the district as set forth in this division.
§ 86-375 Uses.
See the Table of Uses included as an attachment to this chapter (§ 86-36). Adult use, as defined as in Article IV, Division 7, Adult Entertainment, §§ 86-390 through 86-399, is prohibited in the Arts Overlay District.
§ 86-376 Development and redevelopment standards.
A.
All standards and regulations in the underlying zoning district are valid in the AOD, except as modified in this division.
B.
Residential use is prohibited on first-floor frontage on that portion of North Main Street south of Pine Street and on that portion of South Main Street north of Morgan Street.
C.
In a specific case, the Zoning Board of Appeals shall, after a public hearing, grant a special permit to waive minimum lot areas and height, lot coverage percentage and yard requirements for multifamily development as cited in this code, unless, in the opinion of the Zoning Board of Appeals, such waiver would be detrimental to the area and not in the best interest of the City.
D.
Townhouse development in those areas of the AOD have no minimum lot size.
§ 86-385 District established and boundaries.
There are hereby established Research and Development Overlay Districts within the City. Said districts are bounded and described as follows:
Beginning at a point at the intersection of the center line of Interstate 195 and the Fall River/Westport boundary line; thence southerly along said boundary line to the northerly line of the South Watuppa Pond; thence westerly by the center line of Brayton Avenue Extension, northerly line of the South Watuppa Pond to the center line of Brayton Avenue Extension; thence westerly to the center line of Route 24; thence northerly by the center line of Route 24 to the center line of Interstate 195; thence easterly by the center line of Interstate 195 to the Fall River/Westport boundary line and the point of beginning.
Beginning at a point at the intersection of the easterly line of Route 24 and the Fall River/Freetown boundary line; thence easterly by said boundary line for a distance of 3,125 +/- feet; thence southeasterly along the southeasterly property line of Assessor map W-19, Lot 185 approximately 1,051.77 feet; thence southerly along the easterly property line of Assessor map W-19, Lot 185 approximately 2,893 feet to a point on the northerly property line of Assessor map W-19, Lot 4; thence easterly along the northerly property line of Assessor map W-19, Lot 4 approximately 100 feet; thence turning 90° +/- southerly to a point on the southerly property line of Assessor map W-19, Lot 4 approximately 635 feet: thence westerly along the southerly property line of Assessor map W-19, Lot 4 approximately 1,925 +/- feet to a point on the center line of Riggenbach Road; thence southerly along the center line of Riggenbach Road to a point at the center line intersection of Riggenbach Road and Wilson road approximately 5,500 +/- feet; thence westerly by the center line of Wilson Road approximately 520 +/- feet to the westerly boundary line of Assessor map Z-3, Lot 11; thence northerly along the westerly boundary line of Assessor map Z-3, Lots 11 and 62 approximately 705 +/- feet; thence westerly along the northerly property line of Assessor map Z-4, Lots 20, 21 and 22 approximately 776 +/- feet; thence southerly along the westerly boundary line of Assessor map Z-4, Lot 20 approximately 56 +/- feet; thence westerly along the northerly property line of Assessor map Z-4, Lots 19 and 58 approximately 1,786 +/- feet; thence southwesterly along the westerly boundary line of Assessor map Z-4, Lot 58 approximately 403 +/- feet; thence westerly by a northerly boundary line of Assessor map Z-4, Lot 58 to the easterly line of Route 24; thence northerly by the easterly line of Route 24 to the southerly property line of Assessor map Z-5, Lot 17; thence easterly along the southerly property line of Assessor map Z-5, Lot 17 approximately 413 +/- feet; thence northerly by the easterly property line of Assessor map Z-5, Lot 15 approximately 413 +/- feet; thence northerly by the easterly line of Route 24 approximately 135 +/- feet; thence easterly by the property line of Assessor map Z-5, Lot 16 approximately 452 +/- feet; thence northerly by the easterly line of Assessor map Z-5, Lot 16 approximately 313 +/- feet; thence westerly by the northerly property line of Assessor map Z-5, Lot 16 approximately 110 +/- feet; thence northerly by the easterly line of Route 24 to the Fall River/Freetown line and the point of beginning. This description circumscribes Assessor map Z-3, Lot 35 (landfill), hereby excluding said Assessor lot from the Research and Development Overlay District (RDOD).
§ 86-386 Purpose.
§ 86-387 Permitted uses.
See the Table of Uses included as an attachment to this chapter (§ 86-36). Research and Development Overlay Districts shall be considered as overlaying and shall overlay all other zoning districts within their boundaries. Any uses permitted in these districts, or portions thereof so overlaid, shall be permitted, subject to all provisions applicable to the district as hereinafter set forth.
§ 86-388 District regulations.
In addition to the requirements of the overlay district, the following regulations shall apply:
A.
There will be a minimum open space requirement of 20%, not including parking lots and drives located in order to maintain adequate light and air circulation, and to preserve open space.
B.
Retail uses shall be permitted but shall be limited to an area of 5,000 square feet, unless otherwise permitted by the Zoning Board of Appeals.
D.
Adequate provision shall be made for the off-street parking provision of all vehicles, including those of employers, employees, and visitors.
§ 86-389 Special permits.
In a specific case, the 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 Research and Development Overlay District and would not be in the best interest of the City:
§ 86-390 Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment having as a substantial or significant portion of its activities or entertainment persons performing in a manner distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment offering activities or goods or providing services where employees, entertainers or patrons engage in sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment having as a substantial or significant portion of its stock devices, objects, tools or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
An establishment, a building or portion thereof, or a use of land having a substantial or significant portion of its business activity, stock-in-trade, or other matter or materials for sale, rental, distribution or exhibition which are distinguished or characterized by their emphasis on depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, including but not limited to the following: adult bookstore; adult club; adult entertainment establishment; adult motion-picture theater; adult paraphernalia store; adult video store.
An establishment having as a substantial or significant portion of its stock-in-trade videos, movies or other film materials which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31.
A medical establishment providing medical or surgical care, counseling or treatment for persons in need.
Shall mean only a building and shall not include access roads, parking lots, signs, fences, detached walls, or any other portion of a lot on which the structure is located.
Any of the following:
Twenty percent or more of the business inventory or stock of merchandise for sale, rental, distribution or exhibition during any period of time;
Twenty percent or more of the annual number of gross sales, rentals or other business transactions;
Twenty percent or more of the annual gross business revenue; or
Twenty percent or more of the hours during which the establishment is open.
Any facility or outdoor area where a substantial portion of its use or programs are devoted to or offered for activities or recreation for minors, regardless of whether the facility is public or private. Such facilities include, but are not limited to, playgrounds, swimming pools, libraries or day-care facilities.
§ 86-391 Purpose and intent.
It is the purpose and intent of this division to address and mitigate the secondary effects of the adult uses and sexually oriented businesses referenced in this division, since such secondary effects have been found as a result of numerous studies, and after other public input, to include increased crime, adverse impacts on public health, adverse impacts on the business climate of the City, adverse impacts on the property values of residential and commercial properties, and adverse impacts on the quality of life in the City, all of which secondary impacts are adverse to the health, safety and general welfare of the City and its inhabitants. The provisions of this division have neither the purpose nor the intent of imposing a limitation or restriction on the content of any communicative matter or materials, including sexually oriented matter or materials. Similarly, it is not the purpose or intent of this division to restrict or deny access by adults to adult uses and to sexually oriented matter or materials protected by the Constitution of the United States of America and of the commonwealth, or to restrict or deny rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials. Neither is it the purpose or intent of this division to legalize the sale, rental, distribution or exhibition of obscene or other illegal matter or materials or rights that distributors or exhibitors of such matter or materials may have to sell, rent, distribute or exhibit such matter or materials.
§ 86-392 Severability.
If any provision of this division shall be determined invalid by a court of competent jurisdiction or otherwise, the remaining provisions of this division not manifestly inseparable from the invalid provision shall remain in full force and effect.
§ 86-393 Nonconforming uses.
Any change, expansion, alteration or extension of an adult use or structure lawfully in existence prior to the adoption of this division shall not be allowed without meeting all requirements of this division.
§ 86-394 Special permit required.
In those districts which permit adult use, a special permit shall be required for any such adult use, to be granted by the Zoning Board of Appeals pursuant to MGL c. 40A, § 9A.
§ 86-395 Issuance of special permit; conditions.
A.
Application. The application for a special permit for an adult use must include the following:
(1)
The name and address of the legal owner of the proposed adult use establishment;
(2)
The name and address of all persons having a lawful, equity or security interest in the adult use establishment;
(3)
A sworn statement stating that neither the applicant nor any person having a lawful, equity or security interest in the adult use establishment has been convicted of violating the provisions of MGL c. 119, § 63, or MGL c. 272, § 28;
(4)
The name and address of the manager of the adult use establishment;
(5)
Proposed provisions for security within and without the adult use establishment;
(6)
The number of employees; and
(7)
The present and proposed physical layout of the interior of the adult use establishment.
B.
Ineligibility for permit. No special permit for an adult use shall be issued to any person convicted of violating MGL c. 119, § 63, or MGL c. 272, § 28.
C.
Public hearing. The Zoning Board of Appeals shall hold a public hearing within 65 days after the filing of an application with the Board of Appeals. The Zoning Board of Appeals shall act on an application within 90 days following the public hearing. Failure by the Board to take final action upon an application for a special permit within said 90 days shall be deemed to be a grant of the permit applied for. Issuance of a special permit shall require a vote of at least four of the five members of the Board.
D.
Expiration. Any adult use special permit issued under this division shall lapse within one year if substantial use thereof has not sooner commenced, except for good cause, or, in the case of a permit for construction, if construction has not begun by such date except for good cause; excepting only any time required to pursue or await the determination of an appeal from the grant thereof.
E.
Notification of change in owner or manager. Any adult use special permit issued under this division shall require that the owner of such adult use shall supply on a continuing basis to the Building Inspector any change in the name or address of the record owner or any change in the name of the current manager, and that failure to comply with this provision shall result in the immediate revocation of such special permit. If anyone so identified is or is found to be convicted of violating MGL c. 119, § 63, or MGL c. 272, § 28, such special permit shall immediately be null and void.
F.
Agreement to terms and conditions. No adult use special permit issued under this division shall become valid or in full force and effect until and unless the owner of the property containing such adult use shall supply to the Building Inspector a notarized statement agreeing to all terms and conditions of the adult use special permit.
§ 86-397 Site development standards.
A.
Each application for a special permit shall be accompanied by a site plan for the location of the proposed adult use, accurately depicting the structures and other improvements existing on the lot or to be constructed on the lot, demonstrating that the site shall comply with all setbacks, buffer zones and other dimensional requirements of this division.
B.
Dimensional requirements. Any building or structure containing an adult use shall meet the setback requirements and other dimensional controls of the appropriate district as specified in this chapter. For any property proposed to contain an adult use, the applicant for a special permit for such use shall demonstrate that the entire property shall comply with the requirements and controls in this division following the establishment of such use on such property.
C.
Parking and loading spaces shall be set back a minimum of 50 feet from any street or property line and 750 feet from any structure used in whole or in part for residential purposes. Drives providing vehicular access from a public or private way to parking and loading areas shall be set back a minimum of 50 feet from any property line. Adequate space for the parking of vehicles shall be permanently reserved at the following rates:[1]
(1)
One per each three seats of total seating capacity for restaurants, clubs and places of assembly.
(2)
One per 200 square feet of gross floor area for retail establishments and office space.
(3)
A minimum of one off-street loading facility properly screened from neighboring properties and streets.
(4)
A minimum of eight parking spaces for any adult use.
D.
Landscaping. A perimeter strip no less than four feet in width adjacent to any public or private way shall be permanently maintained and cultivated in grass, shrubs, flowers, trees or other green ground cover, except for the openings provided for pedestrian sidewalks connecting to the public sidewalks and for the openings provided for vehicular entrance and exit.
E.
Signs. All signs for an adult use must meet the requirements of § 86-420.[2] In addition, no advertisement, display or other promotional matter that contains sexually explicit graphics or sexually explicit text shall be visible to the public from any public way, including but not limited to sidewalks, pedestrian walkways, highways or railways. Further, illumination of buildings or signs shall be shielded to prevent glare. Flashing, moving or intermittent illumination shall not be permitted.
§ 86-398 View into booths where films or videos are shown.
If the adult use allows for the showing of films or videos within the premises, the booths in which the films or videos are viewed shall not be closed off by curtains, doors or screens. All booths must be able to be clearly seen from the center of the establishment.
§ 86-399 Development and performance standards.
Adult businesses shall comply with all the following development and performance standards:
A.
Advertisements. Advertisements, displays or other promotional materials for an adult business depicting or describing matter which is distinguished or characterized by its emphasis depicting or relating to sexual conduct or sexual excitement as defined in MGL c. 272, § 31, shall not be shown or exhibited so as to be visible from other areas open to the general public.
B.
View into interior. All building openings, entries and windows for an adult entertainment business shall be located, covered or screened in such a manner as to prevent a view into the interior of an adult business from any area open to the general public.
C.
Posting of notice prohibiting minors. All entrances to an adult entertainment business shall be clearly and legibly posted with a notice indicating that minors are prohibited from entering the premises.
D.
Sound equipment. No loudspeakers or sound equipment shall be used by an adult entertainment business for the amplification of sound to a level discernible by the public beyond the walls of the building in which the adult entertainment business is conducted.
E.
Hours. An adult entertainment business shall not remain open for business, or permit any employee to engage in a performance, solicit a performance, make a sale, solicit a sale, provide a service or solicit a service, between the hours of 1:00 a.m. and 10:00 a.m. of any particular day. These hours of operation may be further restricted in the conditions approving a special use permit for an adult entertainment business.
§ 86-402 Residential use prohibited; construction trailers.
A.
No land within the City, in any district whatsoever, shall be used for a mobile home, automotive type or other, or a trailer (including a temporary trailer), whether mobile or immobile, designed or used for living purposes, except as provided in this division.
B.
The Building Inspector may permit upon written application the location of a construction trailer or trailers on a lot or parcel of land, which construction trailer may be used for a period not exceeding six months as the offices and headquarters for the contractor or contractors engaged in construction on such lot or parcel of land. Such construction trailer shall be used for construction administration purposes only. A permit issued by the Building Inspector may be renewed for an additional six-month period or until the project is completed.
§ 86-403 Special permits; findings; location.
A.
The Zoning Board of Appeals may grant a special permit for a body art establishment with such conditions as it deems appropriate for the protection of public health, safety and welfare and consistent with the Board of Health's piercing and tattooing regulations.
B.
Findings. The Zoning Board of Appeals must find that the location, setback, parking, hours of operation and design of such use will not be detrimental to the neighborhood by reason of traffic, congestion, noise or appearance.
C.
Location. The Zoning Board of Appeals may grant a special permit for a body art establishment in the following district only: Commercial Mill District (CMD).
§ 86-404 Purpose and applicability.
A.
The purpose of this division is to provide for the construction and operation of wind energy facilities and to provide standards for the placement, design, construction, monitoring, modification and removal of wind energy facilities that address public safety, minimize impacts on scenic, natural and historic resources of the City and provide adequate financial assurance for decommissioning said wind energy facilities. The provisions set forth in this division shall take precedence over all other divisions when considering applications related to the construction, operation, repair and/or decommissioning of wind energy facilities.
B.
Applicability. This division applies to wind energy facilities proposed to be constructed after the effective date of this section. This division applies to all utility-scale, on-site wind facilities and small wind energy systems. This division also includes building-integrated wind systems and physical modifications to existing wind facilities that materially alter the type, configuration or size of such facilities or other equipment. This division does not apply to off-shore wind systems.
§ 86-405 General requirements.
The following requirements are common to all wind energy facilities and must be followed in addition to the technology-specific applicable requirements throughout this division:
A.
Exemptions. Wind turbines constructed, reconstructed or renovated for the primary purpose of commercial agriculture shall be considered a structure pursuant to MGL c. 40A, § 3 and, therefore, shall be exempt from this chapter.
B.
A permit shall be granted unless the permit granting authority finds in writing that there is substantial evidence that:
(1)
The specific site is not an appropriate location for such use;
(2)
There is expected to be any serious hazard to pedestrians or vehicles from the use;
(3)
A nuisance is expected to be created by the use; and
(4)
Adequate and appropriate facilities will not be provided for the proper operation and maintenance of the use.
Technology | Permit Required | |
|---|---|---|
Small wind (and/or meteorological towers) | Building permit from Inspector of Buildings | |
Large wind (including utility-scale and/or on-site wind facilities) | Special permit from ZBA (and building permit from Inspector of Buildings) | |
Building-integrated | Special permit from ZBA (and building permit from Inspector of Buildings) |
C.
Compliance with laws, ordinances and regulations. The construction and operation of all such proposed wind energy facilities shall be consistent with all applicable local, state and federal requirements, including, but not limited to, all applicable safety, construction, environmental, electrical, communications and aviation requirements.
D.
Proof of liability insurance. The applicant shall be required to provide evidence of liability insurance in an amount and for a duration sufficient to cover loss or damage to persons and property occasioned by the failure of the facility.
E.
Site control. At the time of its application for a special permit or a building permit, the applicant shall submit documentation of actual or prospective control of the project site sufficient to allow for installation and use of the proposed facility. Documentation shall also include proof of control over setback areas and access roads, if required. "Control" shall mean the legal authority to prevent the use or construction of any structure for human habitation within the setback areas.
F.
Utility notification. No wind energy facility shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
G.
Temporary meteorological towers (met towers). Met towers shall be permitted under the same standards as a small wind energy system, except that the requirements apply to a temporary structure. A permit for a temporary met tower shall be valid for a maximum of three years, after which an extension may be granted by the Inspector of Buildings. Small anemometers installed directly on buildings shall not require a building permit or a special permit.
§ 86-406 Site development, monitoring and maintenance standards.
A.
Appearance, color and finish. Federal Aviation Administration (FAA) consideration on color and appearance will be considered first. In the event that the proposed location is not in an area regulated by the FAA, the wind generator and tower shall remain painted or finished the nonreflective color or finish that was originally applied by the manufacturer, unless otherwise approved by the Zoning Board of Appeals.
B.
Lighting. Wind turbines shall be lit only if required by the Federal Aviation Administration. Lighting of other parts of the small wind energy system, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.
C.
Signage and advertising. Signs and advertising shall be restricted to reasonable identification of the manufacturer or operator of the small wind energy facility, including a twenty-four-hour emergency contact phone number and any applicable danger warnings. Such signs and advertising shall defer to the requirements of the City sign regulations and other requirements set forth by the Zoning Board of Appeals and/or the Inspector of Buildings.
D.
Utility connections. Reasonable efforts shall be made to locate utility connections from the wind energy facility underground, depending upon appropriate soil conditions, shape and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above-ground if required by the utility provider.
E.
Appurtenant structures. All appurtenant structures to such wind energy facilities shall be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers and substations, shall be contained within the turbine tower whenever technically and economically feasible. Whenever reasonable, structures should be shaded from view by vegetation and/or located in underground vaults and joined or clustered to avoid adverse visual impacts.
F.
Emergency services. The applicant shall provide a copy of the project summary, electrical schematic and site plan to the local emergency services entities, as designated by the permit granting authority. Upon request, the applicant shall cooperate with local emergency entities in developing an emergency response plan. All means of disconnecting the wind energy facility shall be clearly marked. The applicant or facility owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.
G.
Unauthorized access. Wind turbines or other structures part of a wind energy facility shall be designed to prevent unauthorized access. For instance, the tower shall be designed and installed so as not to provide step bolts or other climbing means readily accessible to the public for a minimum height of eight feet above the ground. Electrical equipment shall be locked whenever possible.
H.
Shadow/Flicker. Wind energy facilities shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses.
I.
Sound. The wind energy facility and associated equipment shall conform with the provisions of the Department of Environmental Protection's Division of Air Quality Noise Regulations (310 CMR 7.10), unless the Department of Environmental Protection (DEP) and the permit granting authority agree that those provisions shall not be applicable. A source of sound will be considered to be in violation of these regulations if the source increases the broadband sound level by more than 10 dB(A) above ambient or produces a "pure tone" condition, which is when an octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by three decibels or more. These criteria are measured both at the property line and at the property line and at the nearest inhabited structure. "Ambient" is defined as the background A-weighted sound level that is exceeded 90% of the time measured during equipment hours. The ambient may also be established by other means with consent from DEP. An analysis prepared by a qualified engineer shall be presented to demonstrate compliance with these noise standards, if required by the permit granting authority. The permit granting authority, in consultation with DEP, shall determine whether such violations shall be measured at the property line or at the nearest inhabited residence.
J.
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility and such activities shall be subject to all applicable local, state and federal regulations.
K.
Facility conditions. The applicant shall maintain the wind energy facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs and integrity of security measures. Site access shall be maintained to a level acceptable to the local emergency entities. The project owner shall be responsible for the cost of maintaining the wind energy facility and any access road(s), unless accepted as a public way, and the cost of repairing any damage occurring as a result of operation and construction.
L.
Modifications. All material modifications to a wind energy facility made after issuance of the permit(s) shall require approval by the permit granting authority as provided in this division.
§ 86-407 Abandonment or decommissioning.
A.
Removal requirements. Any wind energy facility which has reached the end of its useful life or has been abandoned shall be removed. When the wind energy facility is scheduled to be decommissioned, the applicant shall notify the City by certified mail of the proposed date of discontinued operations and plans for removal. The owner/operator shall physically remove the wind energy facility no more than 150 days after the date of discontinued operations. At the time of removal, the wind energy facility site shall be restored to the state it was in before the facility was constructed or any other legally authorized use. More specifically, decommissioning shall consist of:
(1)
Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site.
(2)
Disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations.
(3)
Stabilization or revegetation of the site as necessary to minimize erosion. The permit granting authority may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
B.
Abandonment. Absent notice of a proposed date of decommissioning, the facility shall be considered abandoned when the facility fails to operate for more than one year without the written consent of the permit granting authority. The permit granting authority shall determine in its decision what proportion of the facility is inoperable for the facility to be considered abandoned. If the applicant fails to remove the wind energy facility in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the City shall have the authority to enter the property and physically remove the facility.
D.
Violations. It is unlawful for any person to construct, install, or operate a wind energy system that is not in compliance with this division or with any condition contained in a permit issued pursuant to this chapter. Wind energy systems installed prior to the adoption of this chapter are exempt.
§ 86-408 Small wind energy facilities.
A.
Building Inspector issued permit. No small wind energy system shall be erected, constructed, installed or modified as provided in this section without first obtaining a building permit from the Inspector of Buildings. All such wind energy systems shall be constructed and operated in a manner that, where economically feasible, minimizes adverse visual, safety and environmental impacts. The construction of a small wind facility shall be permitted in the following zoning districts: Industrial Park Districts (IP); Open Space/Recreational Districts (OS); and Water Resource Districts (WR), subject to the issuance of a permit and provided that the use complies with all requirements set forth in this division.
B.
Height. Small wind turbines shall be no higher than 250 feet above the current grade of the land, as measured at the uppermost point of the rotor's sweep area. A small wind turbine may exceed 250 feet if: the applicant demonstrates by substantial evidence that such height reflects industry standards for a similarly sited wind facility; such excess height is necessary to prevent financial hardship to the applicant; and the facility satisfies all other criteria for the granting of a building permit under the provisions of this division.
C.
Setbacks. Small wind turbines shall be set back a distance equal to the total height of the wind turbine from the nearest existing residential or commercial structure and 30 feet from the nearest property line and private or public way.
D.
Setback waiver. The permit granting authority may reduce the minimum setback distance as appropriate, based on site-specific considerations, or written consent of the affected abutter(s), if the project satisfies all other criteria for the granting of a permit under the provisions of this division.
E.
Application process and requirements. A building permit shall be required for the installation of a small wind energy system.
F.
Documents. The application for a building permit shall be accompanied by deliverables including the following:
(1)
A plot plan showing:
(a)
Property lines and physical dimensions of the subject property within two times the total height of the wind turbine from the proposed tower location.
(b)
Location, dimensions, and types of existing major structures on the property and abutting properties.
(c)
Location of the proposed wind system tower, foundations, guy anchors and associated equipment.
(d)
The right-of-way of any public road that is contiguous with the property.
(e)
Any overhead utility lines.
(f)
Location and approximate height of tree cover.
(2)
Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).
(3)
One- or three-line electrical diagram detailing wind turbine, associated components, and electrical interconnection methods, with all NEC-compliant disconnect and overcurrent devices.
(4)
Foundations for all towers must have blueprints or drawings signed by a professional engineer registered in the Commonwealth of Massachusetts.
(5)
Name, address, phone number and signature of the applicant and the property owners, as well as all co-applicants or additional property owners, if any.
(6)
Certification by a professional engineer registered in the Commonwealth of Massachusetts certifying that the structure can withstand winds of up to 125 miles per hour.
(7)
The name, contact information and signature of any agents representing the applicant.
(8)
A plan for maintenance of the small wind energy facility.
(9)
Tower blueprints or drawings signed by a professional engineer registered in the Commonwealth of Massachusetts.
§ 86-409 Large wind energy facilities (utility and on-site projects).
Special permits shall be granted by the special permit granting authority for large wind energy facilities that meet the criteria outlined in this division. The construction of a large wind energy facility shall be permitted in the following zoning districts: Industrial Park Districts (IP); Open Space/Recreational Districts (OS); and Water Resource Districts (WR), subject to the issuance of a permit and provided that the use complies with all requirements set forth in this division.
A.
Special permit granting authority. No wind energy facility over 100 kilowatts of rated nameplate capacity shall be erected, constructed, installed or modified as provided in this section without first obtaining a special permit from the special permit granting authority. The construction of a wind energy facility shall be permitted subject to the issuance of a special permit and provided that the use complies with all requirements set forth in this division. All such wind energy facilities shall, where economically feasible, be constructed and operated in a manner that minimizes adverse visual, safety and environmental impacts.
B.
Financial surety. The special permit granting authority may require the applicant for utility-scale wind facilities to provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the City must remove the facility, of an amount and form determined to be reasonable by the special permit granting authority, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for cost-of-living adjustment.
C.
Height. Large wind energy facilities shall be no higher than 450 feet above the current grade of the land, provided that wind facilities may exceed 450 feet if the applicant demonstrates by substantial evidence that such height reflects industry standards or manufacturer recommendations for a similarly sited wind facility; the applicant can demonstrate significant financial gain due to the additional height; and the facility satisfies all other criteria for the granting of a building permit under the provisions of this division.
D.
Setbacks. Large wind turbines shall be set back a distance equal to 1.2 times the overall blade tip height of the wind turbine from the nearest existing residential or commercial structure and 50 feet from the nearest property line and private or public way.
E.
Setback waiver. The special permit granting authority may reduce the minimum setback distance as appropriate, based on site-specific considerations, or written consent of the affected abutter(s), if the project satisfies all other criteria for the granting of a special permit under the provisions of this division.
F.
Required supporting documentation. The applicant shall provide the special permit granting authority with a description of the proposed project which shall include:
(1)
General. All plans and maps shall be prepared, signed and stamped by a professional engineer registered in the Commonwealth of Massachusetts. Included in the application shall be: name, address, phone number and signature of the applicant and property owners, as well as all co-applicants and additional property owners, if any.
(2)
Technical documentation. The applicant shall, at a minimum, submit the following technical documentation regarding the proposed wind energy facility to the special permit granting authority:
(a)
Wind energy facility technical specifications, including manufacturer and model, rotor diameter, tower height/type, foundation type/dimensions.
(b)
Tower foundation blueprints or drawings signed by a professional engineer registered in the Commonwealth of Massachusetts.
(c)
Tower blueprints or drawings signed by a professional engineer registered in the Commonwealth of Massachusetts.
(d)
Electrical schematic.
(3)
Location map for utility-scale projects. The applicant shall submit, to the special permit granting authority, a copy of a portion of the most recent USGS Quadrangle Map, at a scale of 1:25,000 showing the proposed facility site, including turbine sites, and the area within at least two miles of the facility. Zoning district designation for the subject parcel should be included; however, a copy of the current Zoning Map identifying the subject parcel is suitable.
(4)
Site plan. A plan with a scale of one inch equals 200 feet of the proposed wind facility site, with contour intervals of no more than 10 feet, showing the following:
(a)
Property lines for the site parcel and adjacent parcels within 300 feet.
(b)
Outline of all existing buildings, include purpose (i.e., residence, garage, etc.), on the site parcel and all adjacent parcels within 500 feet. The plan shall include distances from the wind facility to each building shown.
(c)
Location of all roads, public and private, on the site parcel and adjacent parcels within the setback distance of 1.2 times the blade tip height, and proposed roads or driveways, either temporary or permanent.
(d)
Existing areas of tree cover, including average height of trees, on the site parcel and adjacent parcels within the setback distance of 1.2 times the blade tip height.
(e)
Proposed location and design of wind facility, including all turbines, ground equipment, appurtenant structures, transmission infrastructure, access, fencing, and exterior lighting.
(f)
Location of viewpoints, as referenced in this division.
(5)
Visualizations for utility-scale projects. The special permit granting authority may select up to four sight lines, including from the nearest building with a view of the wind facility, for pre- and post-construction view representation. Sites for the view representations shall be selected from populated areas or public ways within a two-mile radius of the proposed wind energy facility. View representations shall have the following characteristics:
(a)
View representations shall be in color and shall include actual pre-construction photographs and accurate post-construction simulations of the height and breadth of the wind facility (i.e., superimpositions of the wind facility onto photographs of existing views).
(b)
All view representations will include existing or proposed buildings or tree coverage.
(c)
Include description of the technical procedures followed in producing the visualization (distances, angles, lens, etc.).
(6)
Visualizations for on-site projects. The special permit granting authority may select up to three sight lines, including from the nearest building with a view of the wind facility, for pre- and post-construction view representation. Sites for the view representations shall be selected from populated areas or public ways within a two-mile radius of the proposed wind energy facility. View representations shall have the following characteristics:
(a)
View representations shall be in color and shall include actual pre-construction photographs and accurate post-construction simulations of the height and breadth of the wind facility (i.e., superimpositions of the wind facility onto photographs of existing views).
(b)
All view representations will include existing or proposed buildings or tree coverage.
(c)
Include description of the technical procedures followed in producing the visualization (distances, angles, lens, etc.).
(7)
Operation and maintenance plan. The applicant shall submit a plan for maintenance of access roads and stormwater management controls, as well as general procedures for operational maintenance of the wind facility.
(8)
Compliance documents. The applicant will provide with the application:
(a)
Description of financial surety that satisfies the provisions of this section.
(b)
Proof of liability insurance that satisfies the provisions of this section.
(c)
Certification of height approval from the FAA.
(d)
Statement that satisfies the provisions of this division, listing existing and maximum projected sound levels from the wind energy facility.
(9)
Landscape plan for utility-scale projects only. A plan indicating all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting other than FAA lights, screening vegetation or structures. Lighting shall be designed to minimize glare on abutting properties and, except as required by the FAA, be directed downward with full cut-off fixtures to reduce light pollution.
(10)
Independent consultants for utility-scale projects only. Upon submission of an application for a special permit, the special permit granting authority will be authorized to hire outside consultants, pursuant to MGL c. 44, § 53G. There shall be an administrative appeal from the selection of the outside consultant to the City Council. The grounds for such an appeal shall be limited to claims that the consultant selected has a conflict of interest or does not possess the minimum, required qualifications. The minimum qualifications shall consist either of an educational degree in or related to the field at issue or three or more years of practice in the field at issue or a related field. The required time limits for action upon an application by a municipal permit granting board shall be extended by the duration of the administrative appeal. In the event that no decision is made by the City Council within one month following the filing of the appeal, the selection made by the municipal permit granting authority shall stand. Such an administrative appeal shall not preclude further judicial review.
§ 86-410 Building-integrated wind energy facilities.
Special permits shall be granted by the special permit granting authority for building-integrated wind energy facilities that meet the criteria outlined in this division. The construction of a building-integrated wind energy facility shall be permitted in the following zoning districts: Industrial Park Districts (IP); Open Space/Recreational Districts (OS); and Water Resource Districts (WR), subject to the issuance of a permit and provided that the use complies with all requirements set forth in this division.
A.
Special permit granting authority. No building-integrated wind energy facility shall be erected, constructed, installed or modified as provided in this section without first obtaining a special permit from the special permit granting authority. The construction of a building-integrated wind energy facility shall be permitted subject to the issuance of a special permit and provided that the use complies with all requirements set forth in this division. All such wind energy facilities shall, where economically feasible, be constructed and operated in a manner that minimizes adverse visual, safety and environmental impacts.
B.
Required supporting documentation for building-integrated wind energy facilities. The special permit application submitted to the special permit granting authority shall, at a minimum, include:
(1)
Analysis and design documents, completed by a structural engineer registered in the Commonwealth of Massachusetts, demonstrating that the proposed building is structurally sufficient to support the permanent installation of the proposed building-integrated wind energy facility. At a minimum, the analysis must address vibration, wind load and ice load.
(2)
Elevation drawings of building with building-integrated wind energy facility installed, viewed from north, south, east and west.
(3)
Building schematic detailing point(s) of connection and associated supports for the building-integrated wind energy facility.
(4)
Schematic of attachment method for connecting the building-integrated wind energy facility to the building.
(5)
Specification sheets for wind turbine and all related components (inverters, controllers, disconnects, etc.).
(6)
One- or three-line electrical diagram detailing wind turbine, associated components, and electrical interconnection methods, with all NEC-compliant disconnect and overcurrent devices.
§ 86-411 District established.
There are hereby established Housing Development Overlay Districts within the City.
§ 86-412 Purpose.
The purpose of the establishment of the Housing Development Overlay Districts is to develop market-rate housing in accordance with MGL Chapter 40V and the regulations set forth at 760 CMR 66.00.
§ 86-413 Permitted uses.
Housing Development Overlay Districts shall be considered as overlaying and shall overly all other zoning districts within its boundaries. Any uses permitted in the district, or portions thereof so overlaid, shall be permitted, subject to all provisions applicable to the district. Buildings within the district may be altered, enlarged or reconstructed for the use of market-rate residential units and uses customarily accessory to market-rate residential units. For the purposes of this division and in accordance with MGL Chapter 40V, a "market-rate residential unit" is defined as a residential unit priced for households above 110% of the area's household median income.