To encourage the preservation of open land for its scenic beauty and to enhance agricultural, open space, forestry, and recreational use;

To preserve historical and archeological resources; to protect the natural environment, including Fitchburg's varied landscapes and water resources;

To protect the value of real property;

To promote more sensitive siting of buildings and better overall site planning;

To perpetuate the appearance of Fitchburg's traditional New England landscape;

To facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner;

To offer an alternative to standard subdivision development;

To promote the development of housing affordable to low, moderate, and median income families; and

To promote the development of housing for persons over the age of 55.

Understanding the Site. The first step is to inventory existing site features, taking care to identify sensitive and noteworthy natural, scenic and cultural resources on the site, and to determine the connection of these important features to each other.

Evaluating Site Context. The second step is to evaluate the site in its larger context by identifying physical (e.g., stream corridors, wetlands), transportation (e.g., road and bicycle networks), and cultural (e.g., recreational opportunities) connections to surrounding land uses and activities.

Designating the Contiguous Open Space. The third step is to identify the contiguous open space to be preserved on the site. Such open space should include the most sensitive and noteworthy resources of the site and, where appropriate, areas that serve to extend neighborhood open space networks.

Location of Development Areas. The fourth step is to locate building sites, streets, parking areas, paths and other built features of the development. The design should include a delineation of private yards, public streets and other areas, and shared amenities, so as to reflect an integrated community, with emphasis on consistency with historical development patterns.

Lot Lines. The final step is simply to draw in the lot lines (if applicable).

Lots having reduced area or frontage shall not have frontage on a street other than a street created by the flexible development; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lot(s) are consistent with existing development patterns in the neighborhood.

Basic Maximum Number. The basic maximum number of dwelling units allowed in a flexible development shall not exceed the number of lots which could reasonably be expected to be developed upon the site under a conventional plan in full conformance with all zoning, subdivision regulations, health regulations, wetlands regulations and other applicable requirements. The proponent shall have the burden of proof with regard to the design and engineering specifications for such conventional plan.

Density Bonus. The Planning Board may award a density bonus to increase the number of dwelling units beyond the basic maximum number. The density bonus for the flexible development shall not, in the aggregate, exceed 35% of the basic maximum number. All dwelling units awarded as a density bonus shall be two bedroom units. Computations shall be rounded to the lowest number. A density bonus may be awarded in the following circumstances:

Types of Buildings. The flexible development may consist of any combination of single-family, two-family and multifamily residential structures. A multifamily structure shall not contain more than five dwellings. The architecture of all multifamily buildings shall be residential in character, particularly providing gabled roofs, predominantly wood siding, an articulated footprint and varied facades. Residential structures shall be oriented toward the street serving the premises and not the required parking area.

Roads. The principal roadway(s) serving the site shall be designed to conform with the standards of the City where the roadway is or may be ultimately intended for dedication and acceptance by the City. Private ways shall be adequate for the intended use and vehicular traffic and shall be maintained by an association of unit owners or by the applicant.

Parking. Each dwelling unit shall be served by two off-street parking spaces. Parking spaces in front of garages may count in this computation.

Contiguous Open Space. A minimum of 10% of the parcel shown on the development plan shall be contiguous open space. Any proposed contiguous open space, unless conveyed to the City or its Conservation Commission, shall be subject to a recorded restriction enforceable by the City, providing that such land shall be perpetually kept in an open state, that it shall be preserved for exclusively agricultural, horticultural, educational or recreational purposes, and that it shall be maintained in a manner which will ensure its suitability for its intended purposes.

Ownership of the Contiguous Open Space. The contiguous open space shall, at the Planning Board's election, be conveyed to either:

Buffer Areas. A buffer area of 100 feet shall be provided at the perimeter of the property where it abuts residentially zoned or occupied properties, except for driveways necessary for access and egress to and from the site. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. The Planning Board may waive the buffer requirement: i) where the land abutting the site is the subject of a permanent restriction for conservation or recreation so long as a buffer is established of at least 50 in depth which may include such restricted land area within such buffer area calculation; or ii) where the land abutting the site is held by the City for conservation or recreation purposes; or iii) the Planning Board determines that a smaller buffer will suffice to accomplish the objectives set forth herein.

Drainage. Stormwater management shall be consistent with the requirements for subdivisions set forth in the rules and regulations of the Planning Board.

Relation to Other Requirements. The submittals and permits of this section shall be in addition to any other requirements of the Subdivision Control Law[1] or any other provisions of this chapter.

The objectives of planned unit development are to:

All Districts except RR. In all districts, except Rural Residential (RR), a planned unit development may be allowed but must be limited to those permitted uses that are allowed in the RR, RA, RB, RC, DB, IB NB and FSU Districts. The minimum area for a property to be eligible under this section is the lesser of 60,000 square feet or five times the minimum lot area for the district in which it is located.

Rural Residence District. In a Rural Residence District (RR) a planned unit development may be allowed, subject to the above provisions in Section 181.7231 and the following:

The proposed planned unit development is in harmony with the purpose and intent of this chapter and with the stated objectives, and that it will promote the purpose of this section.

The mixture of uses in the planned unit development is determined to be sufficiently advantageous to render it appropriate to depart from the normal requirements of the district.

The planned unit development would not result in a significant negative environmental impact.

The planned unit development will add to the long-term assets of the community and that it will not erode the value of existing and neighboring areas.

Assisted living facilities (ALF) within a residential environment that offer supportive services to individuals who are unable to live independently in the community by offering supervision and/or assistance with basic activities of daily life, such as, but not limited to, dressing, bathing, toileting, and nutrition; and

Independent living facilities (ILF) that offer congregate living arrangements to persons over the age of 55. It is also the purpose of this section to enable the development of ALF and ILF in a manner that conserves environmental features, woodlands, wet areas, open space, areas of scenic beauty, views and vistas as well as encouraging the renovation and rehabilitation of older, existing buildings, and to promote the development of ALF and ILF in a manner harmonious with the surrounding land uses while protecting natural resources and open space.

No other use or structures shall be permitted, except as specifically provided herein.

An ALF or an ILF may consist of a single building or multiple buildings.

Structures and uses accessory to the ALF or ILF may also be provided (with the exception of covered parking areas) within the same building, including, but not limited to, the following: beauty and barber salons; recreational, physical fitness and therapy services; nondenominational chapel; library; bank automated teller machine; management offices; adult day care or adult day health facility; hospice residence; food service; laundry and covered parking areas; provided, however, that such accessory uses and structures shall be designed for the primary use of the residents and staff of the ALF or ILF. Such accessory uses may not be designed for or used as a general business by the general public. Such accessory uses shall be wholly be within a structure containing residential units, and shall have not exterior advertising display.

The facility shall be served by the municipal water and sewer system.

Open Space Requirement for ALFs and ILFs in Residentially Zoned Areas. As per the requirements of Section 181.71, Flexible Development.

Buffer. A buffer area of 100 feet shall be provided at the perimeter of the property where it abuts residentially zoned or occupied properties, except for driveways necessary for access and egress to and from the site. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. The Planning Board may waive the buffer requirement i) where the land abutting the site is the subject of a permanent restriction for conservation or recreation so long as a buffer is established of at least 50 feet in depth which may include such restricted land area within such buffer area calculation; or ii) where the land abutting the site is held by the City for conservation or recreation purposes; or iii) the Planning Board determines that a smaller buffer will suffice to accomplish the objectives set forth herein.

Removal and Replacement of Vegetation. With the site, no clear cutting shall be permitted, except incidental to construction of buildings, roads, trails and parking areas.

Roadways and Paths. The principal roadway(s) serving the site shall be designed to conform with the standards of the City where the roadway is or may be ultimately intended for dedication and acceptance by the City. Private ways shall be adequate for the intended use and vehicular traffic and shall be maintained by an association of unit owners or by the applicant. Where the roadway is or may be ultimately intended for dedication and acceptance by the City, granite curbing, gray in color, is required, except in areas of very low traffic volume where no curbing will be required. Rolled asphalt (Cape Cod berm) curbing is unacceptable in all such ways. Curbing is to be sloped or cut to provide a barrier free transition at road crossings and building entrances. Paving should be textured or of different materials at pedestrian crossings and walkways. The use of stone, brick or cultured stone pavers for entrance walkway borders is encouraged. The use of textured materials for walkway borders is encouraged. Paths for the use of residents shall be attractively designed with proper regard for convenience, separation of vehicular, bicycle, and pedestrian traffic, adequate connectivity, completeness of access to the various amenities and facilities on the site and to pathways on adjacent sites.

Parking. The applicant shall provide adequate parking to serve all anticipated uses on the property, with information detailing the method of computation of parking spaces. The minimum number of parking spaces provided on the site shall be 0.3 parking space per dwelling unit in an ALF and 1.0 parking space per dwelling unit in an ILF. For both ALFs and ILFs one parking space shall be provided for every three employees during the largest shift. The Planning Board may increase the required parking by up to 10% to serve the needs of employees, visitors and service vehicles. All parking areas shall be screened from view from adjacent residentially zoned or occupied premises located outside the site, including public ways, by a landscaped border at least ten feet in width. Parking lots in front setbacks in residential zones and in buffer areas in all zones, with the exception of necessary access driveways, are prohibited. Parking areas in residential districts shall be located to the side or rear of all buildings. Parking lot layout shall be planned to permit landscaping, buffering, or screening to prevent direct views of parked vehicles from adjacent streets. The use of traditional picket fencing, hedges, walls, or landscape berms to define parking areas is encouraged. In parking areas of eleven or more parking stalls, at least one tree of three inch or greater caliper shall be planted for every six parking places. Adequate tree wells and irrigation shall be provided for all parking lot landscaping. Pedestrian access is to be taken into consideration in parking lot design. The use of separate walkways is encouraged. Textured paving or grade separated (elevated) walkways are desired on all pedestrian accessways.

Loading. Loading areas must be at least 20 feet by nine feet, and have a minimum overhead clearance of 10 feet. Screening and landscaping shall be provided to block all views of loading areas (except those specifically designated for emergency vehicles) from the public right-of-way and adjacent properties.

Surface Drainage. The surface drainage system shall be designed in accordance with the regulations of the Planning Board.

Utilities. All electric, gas, telephone, and water distribution lines shall be placed underground, except upon a demonstration of exceptional circumstances.

Emergency Call. The ALF or ILF shall have an integrated emergency call, telephone and other communications system to provide monitoring for its residents. There shall be sufficient site access for public safety vehicles. A plan shall be approved by the Fire Department for the emergency evacuation of the residents with emphasis on ensuring the safety of residents with physical impairments.

Massing and Style. Building massing and style must be distinctively residential in character, drawing on the historical design elements that are contextually consistent with regional New England architecture. Historical and traditional design elements are encouraged. Front yards which use boxwood hedges, evergreen hedges, traditional style picket fences, stone walls, or iron picket fences with granite curb and pilasters is encouraged. Fences or hedges should not exceed three feet in height at the fronts of buildings. Fences and landscaping to screen service areas may exceed this height, consistent with the intent and use of the space.

Roofs. Preference shall be given to roof pitches consistent with single-family, residential design. New England traditional or vernacular styles are preferred. Material must be consistent with the architecture of the building. Composition shingle material is acceptable, providing that it is of high quality and provides architectural definition to the tab shingle to emulate traditional wood shingle styles. Tile, slate, or metal roofing is permitted, provided it is consistent with the architectural style of the building. Gutters and downspouts are encouraged to provide drainage away from foundations, but must be consistent with the other architectural elements of the building. All buildings should have a chimney to convey the look and feel of residential use.

Facade Element. Design of the facade shall be highly detailed and articulated to be compatible with the scale and sensitivity to the residential uses of the project. Facades should have a well-defined foundation, a modulated wall element, and pitched roof or articulated cornice which defines the character of the building, and provides relation to the human scale of typical family residences.

Entrances. Building entrances must comply with all current accessibility regulations, however the use of ramps and lifts is discouraged. Buildings should be designed with entrances that are barrier free for the intended residential or commercial uses. The use of sloping entry walks, covered entryways, porticos, arcades, and covered porches is encouraged. Where grade separation of an entrance is required because of site topography, accommodation should be provided in the architectural detail of the entry to allow barrier free use by building residents and visitors.

Door and Window Openings. Doors and windows form the transition from public to private space, and should reflect residential detailing in design and placement. The use of cornices, architectural moldings, side lights, transom lights, and raised panels in doors is encouraged. Window openings should vary between buildings, but should not be unbroken and continuous in any circumstance. The use of opening sash windows with true divided lights, or detailing to convey the character of divided lights is encouraged. The use of shutters consistent with the architecture of a building is encouraged. A wide range of material for doors and windows is acceptable, except that the use of commercial, anodized or painted aluminum or steel storefront assemblies is discouraged.

Materials and design elements. Material chosen for exterior elements should be consistent with the intent and use of materials traditionally found in residential design in New England. Siding materials such as clapboard and shingle are preferred, and the use of new materials which reduce maintenance, but emulate the look and feel of traditional materials is encouraged. The use of a variety of trim material to provide detail at the eaves, comers, gables, pediments, lintels, sills, quoins, and balustrades is encouraged. The use of bays, towers, cupolas, cross gables, and dormers to provide unique character to a building and provide articulation of the facade is encouraged. The color palette chosen for any building should be consistent with colors traditionally found in residential design in New England.

The Planning Board must find that the proposal 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 City Council on the sale, lease, or transfer of the site.

Applicants wishing to convert existing structures to be used as ALFs or ILFs may do so, subject to the following additional conditions: the buffer requirements, minimum open space requirements, and building height requirements shall be those physically existing as of July 21, 2001. Furthermore, in the process of granting a special permit hereunder, the Planning Board may permit expansion of the structure to the degree reasonably necessary to construct entryways and features to comply with ADA[1] requirements and fire escape and fire protection features.

The proposed ALF complies with the requirements of this section;

The proposed ALF does not cause substantial detriment to the neighborhood after considering the following potential consequences:

To encourage multifamily development and redevelopment in sensible locations in terms of services, transportation, infrastructure, economic opportunity and compatibility with surrounding uses.

To ensure high quality site planning, architecture and landscape design that enhances the distinct visual character and identity of the City and provides an environment with safety, convenience and amenity.

To encourage mixed uses that serve residents and the general public, where applicable.

To improve and increase housing choice.

For every dwelling unit above three units, there shall be an increase in minimum lot area, over and above the minimum for the district, equal to one-third the minimum lot area for the district. In districts with no minimum lot area, a multifamily use under this section shall have a minimum lot area of 2,500 square feet per unit, including the first three units.

For multifamily developments of nine or more dwelling units, the Planning Board may waive this density provision if determined that the grant of such waiver will not adversely affect the neighborhood and promotes the purpose of this section.

There shall be a buffer zone of fifty feet from any building or structure on an adjacent lot where said lot is not under the same ownership. The Planning Board may waive or reduce the buffer requirement for the reuse of an existing structure or where the Planning Board determines that a smaller buffer will not adversely affect adjoining property.

Unless otherwise prescribed within this chapter, multifamily developments shall provide a minimum of one paved off-street parking space for each one-bedroom dwelling unit, 1.5 paved off-street parking spaces for each two-bedroom dwelling unit and two paved off-street parking spaces for each dwelling unit consisting of three or more bedrooms. Nonresidential uses shall conform with the provisions of Sections 181.51 and 181.52. Parking areas shall otherwise comply with these provisions unless the applicant provides sufficient justification for a waiver and the Planning Board determines the grant of such waiver will not adversely affect the neighborhood and is in the public interest.

Where reuse of a lawfully preexisting nonconforming structure is proposed, the Planning Board may reduce the dimensional front yard, side yard, rear yard setbacks and height requirements to existing conditions, if the Board determines the reductions will not adversely affect the neighborhood and promotes the purpose of this section.

The Planning Board may amend the above requirements for multifamily developments in the DB and IB Districts where it finds the multifamily development to be consistent with smart growth principles and adequate means of off-street parking is available.

The ownership title to all buildings and all land shall be held in a single ownership, either by a corporation or an individual.

All nonresidential uses shall be located within a multifamily dwelling on the same lot.

Provisions for snow storage/removal.

Green spaces.

Common spaces.

Pedestrian sidewalks and accessibility improvements.

Bicycle storage.

Trash storage/removal/screening.

Energy efficiency.

Electric vehicle charging stations.

Occupant and building security.

Preservation of historic building architectures (windows, facade, etc.).

Exterior facade improvements.

Landscaping, lighting and fencing improvements.

Water and sewage shall be disposed of by means of adequate connections to the municipal system.

A rear lot must have at least two times the minimum area required for the zoning district. That portion of the lot used for access from the street [i.e., the "access strip" (also known as the "pipestem" or "panhandle") of the lot] may not be used to satisfy this minimum area requirement. For the purposes of this section the "access strip" is determined to be that portion of the lot between the street providing frontage for such lot and the point at which the width of the lot is equal to the required lot frontage for the zoning district.

A rear lot must have an area that contains a circle with a diameter of the normal frontage requirement in the applicable zoning district.

Driveway access to a rear lot must provide suitable access, as determined by the Building Commissioner, for emergency vehicles.

A building line must be designated on the plan of a rear lot and the width of the lot at that line must equal or exceed the number of feet normally required for street frontage in the district.

The access strip also known as the "pipestem" or "panhandle" shall be a minimum of 40 feet wide for its entire length from the street to the point at which the width of the lot is equal to the required lot frontage for the zoning district, and the lot frontage shall be a minimum of 40 feet. Lot frontage shall meet all of the requirements contained in the definition of "frontage" in this chapter.

Not more than one rear lot shall be created from a property, or a set of contiguous properties held in common ownership. Documentation to this effect shall be submitted to the Planning Board along with the application for approval not required or definitive subdivision plans under the Subdivision Control Law.[1] Proposed building lots submitted for such endorsement or approval under this rear lot section must first be reviewed and approved by the Planning Board as to conformance with these provisions. If such lot is found to conform to the requirements of this section, the Planning Board shall endorse the lot as "approved as a 'rear lot' under Section 181.74 of the Fitchburg Zoning Ordinance." This endorsement may be part of the approval not required endorsement. The Building Commissioner shall not issue a building permit for any rear lot without first establishing that compliance with this provision has been determined by the Planning Board and that proof of recording of the plan has been provided to the Building Commissioner.

At the time of the creation of the rear lot, it shall be held in common and contiguous ownership with the front lot.

The applicant shall submit a plan to the Planning Board under the Subdivision Control Law depicting both the rear lot and the front lot from which the rear lot was created.

Rear lots serving principal structures shall have front, rear, and side setbacks in compliance with those required in the district. The setback shall be measured from the point at which the lot width meets the minimum required lot width for the zoning district in which it is located.

Except in access strips of less than fifty feet width to rear lots, or in the case of a common driveway as set forth below, no driveway shall be located within three feet of any property line, building and sidewalk except by special permit issued by the Planning Board after a determination that said driveway will provide safe and reasonable access for fire, police and emergency vehicles. See also applicable driveway design requirements as referenced in Section 181.51 Off-Street Parking and the City Code.

The distance of any driveway measured from the edge of travelled portion of the way providing access to the lot to the point where the principal building is proposed shall not exceed a distance of 500 feet, unless the Planning Board shall grant a special permit after a determination that said driveway will provide safe and reasonable access for fire, police and emergency vehicles.

The grade of each driveway where it intersects with the edge way providing access to the lot shall not exceed 5% for a distance of 20 feet from the travelled surface of such way unless the Planning Board shall grant a special permit after a determination that said driveway will provide safe and reasonable access for fire, police and emergency vehicles.

The center line intersection with the center line of the way providing access to the lot shall not be less than 45 degrees.

A minimum width of 12 feet shall be maintained over its entire length.

A roadway surface of a minimum of four inches of graded gravel shall be installed, placed over a properly prepared base, graded and compacted to drain from the crown.

The driveway shall be located entirely within the boundaries of the lots being served by the driveway.

Proposed documents shall be submitted to the Planning Board demonstrating that, through easements, restrictive covenants, or other appropriate legal devices, the maintenance, repair, snow removal, and liability for the common driveway shall remain perpetually the responsibility of the private parties, or their successors in interest.

The common driveway shall be within a common access and utility easement at least 25 feet wide. All proposed utilities within the common driveway shall be shown on the plan submitted with the special permit application.

At a minimum, the first 25 feet from the public way shall be paved with bituminous asphalt with a total thickness of three inches and return (corner) radii of 25 feet. Longer paving distances may be required due to factors such as length or grade of driveway, erosion, visual impacts or safety factors. Access from within the common driveway to the public way shall be so drained as to prevent damage or hazard to abutting properties or public streets.

A permanent marker not greater than six square feet in area with a diagram listing addresses of the properties shall be placed at the edges of the driveway where it meets the public way and where the common driveway meets each individual lot driveway. Where a common driveway accesses a roadway other than a public way, additional address markers may be required. The common driveway may be named, but the name must be approved by the Planning Board during the special permit review or at the time of application for street numbering to the DPW.

Should the special permit be approved, a document shall be recorded at the Registry of Deeds and shall so be recited in and attached to every deed to each lot served by the common drive. Such document must include the following:

Any of the conditions of this Section 181.762 may be waived, in part or in total, at the discretion of the Planning Board, if the Board determines that the waiver(s) will not be detrimental to the purpose of the special permit section of this chapter, and will be in the best interest of the City.

The propose use and structure is compatible with the scale and character of the neighborhood

The site has sufficient on-site parking to serve residents and employees.

The property satisfies the requisite building and life safety codes.

The applicant has provided a satisfactory management plan.

The proposed use will not generate excessive traffic or noise.

The special permit will not be transferrable.

A home business, profession or trade conducted entirely by a resident of the premises entirely within the residence; or

Home based contractor business that is conducted by a resident of the premises accessory to a residential use and consisting of only an office and no external storage of materials.

Is conducted by the person(s) occupying the dwelling as a primary residence;

Is clearly incidental and secondary to the use of the premises for residential purposes;

Does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution;

Does not utilize exterior storage of material or equipment;

Does not exhibit any exterior indication, including signs, of its presence or any variation from residential appearance; provided, however, a single motor vehicle, not in excess of 10,000 pounds manufacturer's GVW, exhibiting the name and particular of the business, shall be allowed;

Does not produce any customer, pupil or client trips to the occupation site and has no nonresident employees; and

Is registered as a business with the City Clerk.

Fully complies with Sections 181.7812, 181.7813, 181.7814, and 181.7817, above;

Is conducted by the person(s) occupying the dwelling as primary residence and, in addition to the residents of the premises, by not more than one additional employee;

Does not exhibit any exterior indication of its presence, or any variation from residential appearance, except for a sign or name plate in compliance with Section 181.53; and

A special permit for such use is granted by the Board of Appeals, subject to conditions, including, but not limited to, restriction of hours of operation, maximum floor area, off-street parking, and maximum number of daily custom vehicle trips. Such special permit shall be limited to five years, or the transfer of the property, whichever first occurs.

The dwelling units do not occupy the ground floor of a structure with frontage on Main Street. Residential uses in the Intown Business (IB) District with units occupying a ground floor structure with frontage on Main Street requires a special permit from the Planning Board.

Residential dwellings of three units or less are housed within a mixed-use, not standalone structure.