This ordinance shall be known as the Zoning Ordinance of the City of Gloucester.

(Ord. of 9-2-2008(4))

1.2.1 Purpose

The purpose of the Zoning Ordinance is to promote and enhance the health, safety, convenience, quality of life and welfare of the inhabitants of the City of Gloucester. In furtherance of this purpose, this ordinance shall have the following specific objectives, as identified by the Massachusetts legislature in enacting the Zoning Act, MGL Chapter 40A:

To lessen congestion in the streets; to conserve health; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to encourage housing for persons of all income levels; to facilitate the adequate provision of transportation, water, water supply, drainage, sewerage, schools, parks, open space and other public requirements; to conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; to encourage the most appropriate use of land throughout the city, including consideration of the recommendations of the comprehensive plan adopted by the Planning Board, and the comprehensive plan, if any, of the Metropolitan Area Planning Council; and to preserve and increase amenities by the promulgation of regulations to fulfill said objectives. Section 2A of Chapter 808 of the Acts of 1975.

1.2.2 Interpretation

In interpreting the Zoning Ordinance, its provisions shall be deemed the minimum requirements for effectuation of the purposes and objectives set forth in Section 1.2.1.

1.2.3 Conflicts with Other Regulations, Rules, etc

Where application of the Zoning Ordinance results in the imposition of greater restrictions than those imposed by any other regulation, permit, restriction, easement. covenant or agreement the provisions of this ordinance shall control.

1.2.4 Relation to MGL Chapter 40A

While many of the provisions of MGL Chapter 40A are set forth in this ordinance, other provisions of less common application have been omitted. In either case, the provisions of Chapter 40A shall control.

1.2.5 Reserved

(Ord. of 9-2-2008(4); Ord. of 11-13-2018(2))

1.3.1 Enforcement of Zoning Ordinance; Appeals of Zoning Decisions

(a)

The Inspector of Buildings shall administer and enforce the provisions of this ordinance.

(b)

To aid the Inspector of Buildings in enforcement of this ordinance, every police officer shall notify his or her superior officer, for referral to the Inspector of Buildings, of any building or structure on which construction work is being done without the display of a duly issued building permit. At the request of the Inspector of Buildings, the Police Department shall assist in the enforcement of this ordinance.

(c)

The Inspector of Buildings shall issue the following penalties for violations of the provisions of this ordinance:

(i)

First offense: a written warning;

(ii)

Second offense: a fine of $100.00;

(iii)

Third offense: a fine of $200.00;

(iv)

Fourth offense and each offense thereafter: a fine of $300.00.

Each day that such violation continues shall constitute a separate offense.

The Inspector of Buildings may institute, in the name of the city, the appropriate civil or criminal action, to prevent, correct, restrain, abate or punish violations of this offense.

(d)

Upon conviction, any person, corporation or other entity violating or refusing to comply with the provisions of this ordinance may be fined up to three hundred dollars ($300.00) for each offense. Each day that such violation continues shall constitute a separate offense.

(e)

The Inspector of Buildings shall respond within fourteen (14) days of receipt of a written request to enforce the provisions of this ordinance against any person alleged to be in violation thereof. Such response shall be in writing, shall specify the action taken or declined to be taken, and shall set forth the reasons for the Inspector of Buildings' decision.

(f)

The Inspector of Buildings shall maintain a record of all permits issued by the Building Department, and shall make a monthly report of such to the Board of Assessors and a yearly report to the City Council.

(g)

Any action, suit, or proceeding to enforce the provisions of this ordinance shall be commenced in the manner of and within the time limitations set forth in MGL, Chapter 40A, Section 7.

1.3.2 Building, Occupancy and Use Permits Required

(a)

No building or structure shall be constructed, altered, expanded or moved without a building permit. No use of a building, structure or land shall be begun or changed without a use permit. No building or structure shall be occupied without an occupancy permit.

(b)

Unless a variance or other relief has been duly granted by the Zoning Board of Appeals pursuant to Section 1.7, or unless otherwise allowed as a nonconforming use or structure pursuant to Section 2.4, no permit shall be issued for the construction, alteration or expansion of any building or structure, or for the use or change in use of any land, building or structure, unless the plans, specifications and other information submitted to the Building Department indicate that said use, land, building or structure will conform in all respects to the provisions of this ordinance, as well as the State Building Code, 780 CMR 1.00 et seq., and any other relevant statute, ordinance or regulation.

(c)

The form of all applications for building, occupancy and use permits, and the form of the said permits, shall be as prescribed by the Inspector of Buildings.

(d)

Construction or operations under a building or use permit shall conform to any subsequent amendment of this ordinance, unless such construction, occupancy or use is commenced within six (6) months of issuance of said permit, and in the case of construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

(e)

If construction under a building permit is not commenced within six (6) months of the issuance of the permit, or is discontinued for a period of six (6) months or more, said permit shall be void and no further construction shall be allowed without the issuance of a new permit or without a written extension from the Inspector of Buildings.

1.3.3 Procedures Relating to Building, Occupancy and Use Permits

(a)

No building permit for an unsewered lot shall be issued unless the applicant has first obtained Health Department approval of the septic system design.

(b)

No building permit shall be issued unless the applicant demonstrates compliance with the requirements of the Drainage and Grading Regulations of the Department of Public Works (hereinafter, "DPW").

(c)

The application for a building or use permit on a lot not shown on the most recent Assessors' Map shall include certification by the Assessors' Office as to the map and lot number of said lot.

(d)

The application for a building permit shall be accompanied by a site plan, which shall be drawn to scale and show (1) the dimensions of the lot to be built upon, including boundaries and lot area, (2) the dimensions (including the square footage) of all existing and proposed buildings and other structures on said lot, (3) the percentage of lot coverage of all existing and proposed buildings and other structures on said lot, (4) all setback distances, (5) all required off-street parking and loading spaces and (6) all screening, existing or proposed. The application for a building permit shall also be accompanied by a plan or sketch of all relevant elevations of the proposed construction. The Inspector of Buildings may waive one or more of the above requirements for those minor projects which will have negligible neighborhood impact.

(e)

The application for a building, occupancy or use permit shall be accompanied by a fee as set by the City Council and amended from time to time, payable by check or money order to the order of the City of Gloucester. See Appendix B, Schedule of Fees Under the City of Gloucester Zoning Ordinance.

(f)

The application for a building, occupancy or use permit shall be approved or disapproved by the Inspector of Buildings within twenty days of its filing. When such application is disapproved, the reasons for disapproval shall be stated in writing.

(g)

At the request of the Inspector of Buildings, the DPW shall inspect any building on a lot for which a drainage and grading plan has been required pursuant to the DPW's Drainage and Grading Regulations, and provide written certification to the Building Department within ten days of such request that it complies with said plan.

(Ord. of 9-2-2008(4); Ord. of 4-12-2016(1))

1.4.1 Membership

In accordance with MGL Chapter 40A there shall be a Zoning Board of Appeals, which shall consist of five members and two associate members, all of whom shall be residents of the City of Gloucester and who shall be appointed by the Mayor, subject to confirmation by the City Council. Members shall be appointed for a term of three years; associate members shall be appointed for a term of two years. Members and associate members may be reappointed to successive terms. Vacancies on the board shall be filled in the same manner as other appointments, except that any member or associate member appointed to fill the unexpired term of a member or associate member who has resigned or who otherwise is no longer on the board shall serve only for the duration of said unexpired term, following which such member or associate member shall be eligible for reappointment as specified herein.

1.4.2 Duties of Associate Members

The chairperson of the Zoning Board of Appeals shall designate one of the board's associate members to act as a member of the board in the case of the absence, inability to act or conflict of interest of another member. The chairperson shall designate an associate member to act as a member in the event of a vacancy on the board, until said vacancy is filled.

1.4.3 Quorum

A quorum of the Zoning Board of Appeals shall consist of four members and associate members. No more than five members and associate members shall vote on any matter before the board. No member or associate member may vote on a matter before the board unless he or she has attended all board hearings at which evidence was presented on said matter. Provided, however, that a board member shall not be disqualified from voting on the matter solely due to that member's absence from a single session of the hearing at which testimony or other evidence was received. Before any such vote, the member shall certify in writing that he or she has examined all testimony or other evidence received at the missed session, by review of an audio or video recording of the missed session or a transcript thereof. The written certification shall be part of the record of the hearing in accordance, with MGL Chapter 39 Sec 23D.

1.4.4 Conflict of Interest

No member or associate member of the Zoning Board of Appeals shall appear before the board on behalf of any party in any matter pending before it.

1.4.5 Officers

The members of the Zoning Board of Appeals shall annually elect one member as chairperson, who shall preside at all meetings. The members shall also elect a vice chairperson to act in the absence of the chairperson, and a secretary, and shall prescribe rules for the conduct of board affairs.

1.4.6 Removal for Cause

A member or associate member of the Zoning Board of Appeals may be removed by the Mayor, but only for cause, and only after written charges have been filed and a public hearing held.

1.4.7 Minutes

The Zoning Board of Appeals shall keep minutes of its meetings, which shall show the vote of each member upon each question. All such minutes shall be public records, and shall be filed with the City Clerk.

(Ord. of 9-2-2008(4); Ord. No. 2025-212, 8-18-2025)

1.5.1 Procedures and Fees for the Filing of Applications

(a)

City Council: An application to City Council for a special permit may be submitted at any time to the City Clerk, who shall time-stamp it. Copies of said application, with the City Clerk's time-stamp, shall forthwith be filed by the applicant with the Building Department and the Planning Department and shall be accompanied by an application fee in the amount as set forth at Appendix B, Schedule of Fees Under the City of Gloucester Zoning Ordinance,payable by check or money order to the order of the City of Gloucester.

(b)

Zoning Board of Appeals: An application for a special permit or variance may be submitted at any time. An application for appeal from the decision of the Inspector of Buildings must be submitted within thirty (30) days of:

(i)

The date of a written decision, ruling or order of the Inspector of Buildings; or

(ii)

The date by which the Inspector of Buildings was required by this ordinance to have issued a written decision but failed to do so.

All applications must be submitted to the City Clerk, who shall time-stamp it. Said application, with the City Clerk's time-stamp, shall forthwith be filed by the applicant with the Building Department and shall be accompanied by an application fee in the amount as set forth at Appendix B, Schedule of Fees Under the City of Gloucester Zoning Ordinance, payable by check or money order to the order of the City of Gloucester.

(c)

Planning Board: An application for a special permit may be submitted at any time to the City Clerk, who shall time-stamp it. Said application, with the City Clerk's time-stamp, shall forthwith be filed by the applicant with the Community Development Department and shall be accompanied by an application fee in the amount of as set forth at Appendix B, Schedule of Fees Under the City of Gloucester Zoning Ordinance, payable by check or money order to the order of the City of Gloucester.

1.5.2 Certification of Completeness

No application to the Zoning Board shall be time-stamped by the City Clerk unless the Inspector of Buildings has certified that it is complete. No application to the City Council shall be time-stamped by the City Clerk unless both the Inspector of Buildings and the Planning Director have certified that it is complete. No application to the Planning Board shall be time-stamped by the City Clerk unless the Planning Director has certified that it is complete.

1.5.3 CITY COUNCIL: Application Form and Content

(a)

In General: An application to the City Council for a special permit shall be in writing, on forms prescribed by the council and issued by the City Clerk. The original application shall be accompanied by one original and one copy thereof provided that the applicant also provides the application and all required submissions in digital form. Digital submission is strongly preferred, otherwise eleven (11) 11" × 17" (11×17 inches) and five (5) copies 2' × 3' (2 feet × 3 feet) must be provided. The City Clerk shall advise the applicant of the information and documentation necessary to complete the application, including those requirements set forth in Appendix A, Rule 25 of the City Council Rules of Procedure, Special Permit Procedures. The application shall refer to the pertinent provisions of this ordinance and all other applicable statutes, ordinances and regulations, and set forth (1) the name, address and telephone number of the applicant, (2) the name, address and telephone number of the record owner of the lot, if different, (3) the street address of the lot, (4) the assessors map and lot number of the lot, (5) the zoning district in which the lot and all abutting property is located, (6) a list of the names and addresses of all property owners identified in Section 1.5.6, as certified by the Assessors Office, and (7) such other information as the City Council may require in its Special Permit Procedures. If the applicant is not the owner of the subject property, the application shall include a signed statement by the owner(s) thereof, authorizing the applicant to represent said owner(s) before the City Council. In addition, applications for special permits contain the following information:

(b)

"CC" Special Permits: Where so indicated by "CC" in Section 2.3, Use Tables, an application for a special permit pursuant to Sections 2.2.1 and 2.3 shall be accompanied by five (5) full-sized sets and eleven (11) 11" × 17" sets of:

(i)

A site plan, drawn to scale and showing:

(1)

The dimensions of the lot to be built upon, including boundaries and lot area,

(2)

The dimensions (including the square footage) of all existing and proposed buildings and other structures on said lot,

(3)

The percentage of lot coverage of all existing and proposed buildings and other structures on said lot,

(4)

All setback distances,

(5)

All required off-street parking and loading spaces,

(6)

All screening and landscaping, existing or proposed, and

(7)

FEMA flood zones, and areas projected to be subject to the 1% chance storm with 2.4 feet of sea level rise, along with the projected depth of flooding with 2.4 feet of sea level rise. Sea level rise probability and depth are shown on the Massachusetts Coast Flood Risk Model (MC-FRM) "2.4 Foot Sea Level Rise" map dated May 1, 2022, or the most current version of the MC-FRM, on file with the City Clerk, Community Development Department, and Building Department.

(ii)

Building and floor plans, drawn to scale and showing exterior elevations of all proposed buildings or structures.

(c)

"CCS" Special Permits: Where so indicated by "CCS" in Section 2.3, Use Tables, an application for a special permit pursuant to Sections 2.2.1 and 2.3 shall be accompanied by one original and one copy thereof provided that the applicant also provides the application and all required submissions in digital form. Digital submission is strongly preferred, otherwise eleven (11) 11" × 17" (11 × 17 inches) and five (5) copies 2' [×] 3' (2 feet × 3 feet) must be provided of:

(i)

A site plan, stamped by a professional surveyor or engineer, drawn to scale and showing:

(1)

The dimensions of the lot to be built upon, including boundaries and lot area,

(2)

The dimensions (including the square footage) of all existing and proposed buildings and other structures on said lot,

(3)

The percentage of lot coverage of all existing and proposed buildings and other structures on said lot,

(4)

All setback distances,

(5)

All required off-street parking and loading spaces,

(6)

All screening and landscaping, existing or proposed,

(7)

The use, zoning, buildings and parking lots of adjacent parcels,

(8)

Existing and proposed topography,

(9)

All existing and proposed drives,

(10)

All nearby parks and recreation areas,

(11)

Water service, sanitary sewers and storm drainage, and

(12)

FEMA flood zones, and areas projected to be subject to the 1% chance storm with 2.4 feet of sea level rise, along with the projected depth of flooding with 2.4 feet of sea level rise. Sea level rise probability and depth are shown on the Massachusetts Coast Flood Risk Model (MC-FRM) "2.4 Foot Sea Level Rise" map dated May 1, 2022, or the most current version of the MC-FRM, on file with the City Clerk, Community Development Department, and Building Department.

(ii)

Building plans, floor plans and architectural elevations of all proposed buildings at a scale of 1/8" equals one foot or larger, indicating major building materials and at least one section through the building and site.

(d)

Major Projects: An application for a Major Project, as defined in Section 5.7.1, shall include all of the information and documentation required for a CCS special permit and the additional information and documentation required by Sections 5.7.2 and 5.7.5.

(e)

Personal Wire Service Facilities: An application for a Personal Wireless Service Facility, as defined in Section 5.13, shall include all of the information and documentation required for a CCS special permit and the additional information and documentation required by Section 5.13.5.

(f)

Assisted Living Facilities: An application for an Assisted Living Facility, as defined in Section 5.14.3, shall include all of the information and documentation required for a CCS special permit and the additional information and documentation required by Sections 5.7.5 and 5.14.4.

(g)

Drive-Through Facilities: An application for Drive-Through Facility, as defined in Section VI, shall include all of the information and documentation required for a CCS special permit and the additional information and documentation required by Section 5.17.

(h)

Commercial Land-based Wind Energy Conversion Facilities: An application for a Commercial Land-based Wind Energy Conversion Facility, as defined in Section 5.22.2, shall include all of the information and documentation required for a CCS special permit and the additional information and documentation required by Section 5.22.

(i)

Protein Recovery Plants: An application for a Protein Recovery Plant (see Section 2.3.4, Use No. 14) shall include all of the information and documentation required for a CCS special permit and a full environmental impact study. Said study shall be performed at the applicant's expense, and prior to the public hearing on said application the Board of Health and the Conservation Commission shall review said study and shall submit their respective comments thereon to the City Council.

(j)

Miscellaneous Special Permits: An application for a miscellaneous special permit pursuant to Section 1.10.1 (a) shall be accompanied by the plans and other data required for CC special permits; see Section 1.5.3(b) above.

1.5.4 ZONING BOARD OF APPEALS: Application Form and Content

(a)

General: Applications for appeals, special permits or variances shall be in writing, on forms prescribed by the Zoning Board of Appeals and issued by the Building Department. The original application shall be accompanied by seven copies thereof. The application shall refer to the pertinent provisions of this ordinance and all other applicable statutes, ordinances and regulations, and shall set forth (1) the name, address and telephone number of the applicant, (2) the name, address and telephone number of the record owner of the lot, if different, (3) the street address of the lot, (4) the assessors map and lot number of the lot, (5) the zoning district in which the lot and all abutting property is located, (6) a list of the names and addresses of all property owners identified in Section 1.5.6, as certified by the Assessors Office, and (7) such other information as the board may specify in the prescribed form. In addition, applications for appeals, special permits and variances shall contain the following information:

(b)

Appeals: An application for appeal shall set forth in detail the grounds upon which the appeal is taken. If the appellant is not the owner of the property that is the subject of the appeal, the appellant shall also submit certification that a copy of the appeal notice has been sent to said owner by certified mail, postage prepaid.

(c)

"SP" Special Permits: Where so indicated by "SP" in Section 2.3, Use Tables, an application for a special permit pursuant to Sections 2.2.1 and 2.3 shall be accompanied by two (2) full-sized sets and seven (7) 11" × 17" sets of:

(i)

A site plan, drawn to scale and showing:

(1)

The dimensions of the lot to be built upon, including boundaries and lot area,

(2)

The dimensions (including the square footage) of all existing and proposed buildings and other structures on said lot,

(3)

The percentage of lot coverage of all existing and proposed buildings and other structures on said lot,

(4)

All setback distances,

(5)

All required off-street parking and loading spaces,

(6)

All screening and landscaping, existing or proposed, and

(7)

FEMA flood zones, and areas projected to be subject to the 1% chance storm with 2.4 feet of sea level rise, along with the projected depth of flooding with 2.4 feet of sea level rise. Sea level rise probability and depth are shown on the Massachusetts Coast Flood Risk Model (MC-FRM) "2.4 Foot Sea Level Rise" map dated May 1, 2022, or the most current version of the MC-FRM, on file with the City Clerk, Community Development Department, and Building Department.

(ii)

Building and floor plans, drawn to scale and showing exterior elevations of all proposed buildings or structures.

Provided, however, that the Inspector of Buildings may waive one or more of the above requirements for those minor projects which are deemed to have negligible neighborhood impact.

(d)

"SPS" Special Permits: Where so indicated by "SPS" in Section 2.3, Use Tables, an application for a special permit pursuant to Sections 2.2.1 and 2.3 shall be accompanied by two (2) full-sized sets and seven (7) 11" × 17" sets of

(i)

A site plan, stamped by a professional surveyor or engineer, drawn to scale and showing:

(1)

The dimensions of the lot to be built upon, including boundaries and lot area,

(2)

The dimensions (including the square footage) of all existing and proposed buildings and other structures on said lot,

(3)

The percentage of lot coverage of all existing and proposed buildings and other structures on said lot,

(4)

All setback distances,

(5)

All required off-street parking and loading spaces,

(6)

All screening and landscaping, existing or proposed,

(7)

The use, zoning, buildings and parking lots of adjacent parcels,

(8)

Existing and proposed topography,

(9)

All existing and proposed drives,

(10)

All nearby parks and recreation areas,

(11)

Water service, sanitary sewers and storm drainage, and

(12)

FEMA flood zones, and areas projected to be subject to the 1% chance storm with 2.4 feet of sea level rise, along with the projected depth of flooding with 2.4 feet of sea level rise. Sea level rise probability and depth are shown on the Massachusetts Coast Flood Risk Model (MC-FRM) "2.4 Foot Sea Level Rise" map dated May 1, 2022, or the most current version of the MC-FRM, on file with the City Clerk, Community Development Department, and Building Department.

(ii)

Building, floor plans and architectural elevations of all proposed buildings at a scale of 1/8" equals one foot or larger, indicating major building materials and at least one section through the building and site.

(e)

All Other Types of Special Permits: Applications for all other types of special permits shall be accompanied by the plans and other data required for SP special permits; see Section 1.5.4(c) above.

(f)

Variances: An application for a variance pursuant to Section 1.7 shall be accompanied by the plans and other data required for SP special permits; see Section 1.5.4(c) above.

1.5.5 PLANNING BOARD: Application Form and Content

(a)

General: An application to the Planning Board for a special permit shall be made in writing, on forms prescribed by the Planning Board and issued by the Community Development Department. The original application shall be accompanied by 11 copies thereof. The Community Development Department shall advise the applicant of the information and documentation necessary to complete the application, including those requirements set forth in the Planning Board's Rules and Regulations Governing the Subdivision of Land in Gloucester. The application shall refer to the pertinent provisions of this ordinance and all other applicable statutes, ordinances and regulations, and set forth (1) the name, address and telephone number of the applicant, (2) the name, address and telephone number of the record owner of the lot, if different, (3) the street address of the lot, (4) the assessors map and lot number of the lot, (5) the zoning district in which the lot and all abutting property is located, (6) a list of the names and addresses of all property owners identified in Section 1.5.6, as certified by the Assessors Office, and (7) such other information as the Planning Board may require in its rules. If the applicant is not the owner of the subject property, the application shall include a signed statement by the owner(s) thereof, authorizing the applicant to represent said owner(s) before the Planning Board.

(b)

"PB" Special Permits: Where so indicated by "PB" in Section 2.3, Use Tables, an application for a special permit pursuant to Sections 2.2.1 and 2.3 shall be accompanied by five (5) full-sized sets and eleven (11) 11" × 17" sets of:

(i)

A site plan, stamped by a professional surveyor or engineer, drawn to scale and showing;

(1)

The dimensions of the lot to be built upon, including boundaries and lot area,

(2)

All setback distances,

(3)

All required off-street parking and loading spaces,

(4)

All screening and landscaping, existing or proposed,

(5)

The use and zoning of adjacent parcels,

(6)

Existing and proposed topography,

(7)

All existing and proposed drives,

(8)

All required off-street parking and loading spaces,

(9)

All screening and landscaping, existing or proposed, and

(10)

FEMA flood zones, and areas projected to be subject to the 1% chance storm with 2.4 feet of sea level rise, along with the projected depth of flooding with 2.4 feet of sea level rise. Sea level rise probability and depth are shown on the Massachusetts Coast Flood Risk Model (MC-FRM) "2.4 Foot Sea Level Rise" map dated May 1, 2022, or the most current version of the MC-FRM, on file with the City Clerk, Community Development Department, and Building Department.

(ii)

All additional information required by the applicable provisions of Sections 5.9, 5.10, 5.15, 5.16, 5.19 and 5.20.

1.5.6 Notice

Neither the City Council, the Zoning Board of Appeals nor the Planning Board shall take any action on an application until proper notice has been given and a public hearing held. For purposes of this section, proper notice shall consist of notice of the time and place of said hearing and of the subject matter thereof, published once in each of two successive weeks in the Gloucester Daily Times or other newspaper of general circulation in the city, the first publication to be not less than fourteen (14) days prior to the date of the hearing. Such notice shall also be posted in a conspicuous place in City Hall for a period of not less than fourteen (14) days prior to the date of such hearing, and notice shall be sent by mail, postage prepaid, to the appellant or applicant, as the case may be, abutters to the property that is the subject of the appeal or application, owners of property directly opposite the subject property on any public or private street or way and abutters to the above-mentioned abutters within 300 feet of the property line of the subject property. Notice shall also be sent by mail, postage prepaid, to the Planning Board and the planning boards of Rockport, Essex and Manchester. Where the mailing address of any person entitled to notice is a bank or other lending institution, written notice shall also be sent to the street address of the property owned by such person. The notice required pursuant to this section shall be given notwithstanding the fact that the abutting property is located in another town. Nothing herein shall be deemed to prevent the City Council, Zoning Board of Appeals or Planning Board from postponing consideration of the merits of an appeal or application for the purpose of giving notice to other parties deemed materially affected by the matter.

1.5.7 Identification of those Persons Entitled to Notice; Failure to Receive Notice

For purposes of the preceding section, the term "owners of property" and "abutters" shall mean those persons appearing on the most recent applicable tax list, as certified by the Assessor's Office, which certification shall be conclusive for all purposes. The failure of a person identified in the preceding section to receive actual notice of the public hearing shall not invalidate any action taken at said hearing and shall not require another hearing.

1.5.8 Referral to Other Boards, Commissions and Departments

(a)

Zoning Board of Appeals: The Zoning Board of Appeals may request the Planning Board, the Board of Health, the Conservation Commission, the City Engineer, the Building Inspector or any other city agency, commission or board to review and comment upon an appeal or application. Any response to such request shall be sent to the applicant or appellant and the board, and shall be made within thirty-five (35) days of receipt of the request, but in any case no later than at the public hearing on such appeal or application. Failure to reply within said thirty-five (35) day period or prior to the public hearing shall be deemed a statement of no opposition. Reviews under this section may be conducted jointly by two or more city agencies, commissions or boards.

(b)

City Council: On all Major Projects, as defined at Section 5.7.1, departmental and Planning Board reviews shall be conducted in accordance with Sections 5.7.3 and 5.7.4.

1.5.9 Endorsement of Plans and Sketches

Upon approval of an application the plans and sketches upon which said approval was given shall be stamped and endorsed by the presiding officer. The stamped and endorsed plans and sketches shall be transmitted directly from the ZBA to the Building Department.

1.5.10 Time Limits for Holding a Public Hearing and Issuing a Written Decision; Filing with the City Clerk; Consequences of Rendering a Decision in an Untimely Manner

(a)

Appeals and Variances: The Zoning Board of Appeals shall hold a public hearing on an appeal or application for a variance within sixty-five (65) days of the date of filing of a complete appeal or application with the City Clerk. The board shall render a decision in writing on such appeal or application for a variance within one hundred (100) days of the date of filing of said complete appeal or application; provided, however, that either of said periods may be extended by written agreement between the appellant or applicant and the board, a copy of which agreement shall be filed with the City Clerk. Pursuant to MGL Chapter 40A, Section 15, and provided that the appellant or applicant complies with the procedures set forth therein, the board's failure to act within said one hundred (100) day period or said extended period shall be deemed a constructive grant of the relief requested.

(b)

Special Permits: A public hearing on an application to the City Council, the Zoning Board of Appeals or the Planning Board for a special permit shall be held within sixty-five (65) days of the date of filing of a complete application with the City Clerk. A decision in writing on such application shall be issued within ninety (90) days of the close of said hearing; provided, however, that either of said periods may be extended by written consent of the applicant, a copy of which shall be filed with the City Clerk. Pursuant to MGL Chapter 40A, Section 9, and provided that the applicant complies with the procedures set forth therein, the failure to issue a decision act within said ninety (90) day period or said extended period shall be deemed to be a constructive grant of the special permit.

(c)

Filing with City Clerk: Within fourteen (14) days of the issuance of a written decision, a copy thereof shall be filed with the City Clerk, who shall time-stamp it.

1.5.11 Notice of Decision

A copy of the time-stamped decision on an appeal, an application for a special permit or an application for a variance shall be transmitted to the Planning Department and the Inspector of Buildings, and shall be mailed, postage prepaid, to the appellant or the applicant, as well as the owner of the subject property if other than the appellant or applicant. Notice of said decision shall also be sent to each of the parties designated in Sections 1.5.6 and 1.5.7, and to any person present at the hearing who requested such notice and provided his or her name and address. Each such notice, as well as the copy of the decision sent to the applicant, appellant or owner, shall specify the time limits and procedures for judicial appeal of the decision, as set forth at Section 1.5.16.

1.5.12 Effective Date of Special Permit or Variance

No special permit or variance shall take effect, nor shall any building permit be issued, until all of the following have occurred:

1.

Twenty (20) days have elapsed after the filing of the decision with the City Clerk pursuant to Section 1.5.10(c); and

2.

The City Clerk certifies that no appeal has been taken from said decision, and

3.

Both the decision and certification have been recorded in the Essex County Registry of Deeds.

1.5.13 Compliance with Approved Plans; Modification of Plans

Failure to comply with any of the approved plans, or with any of the conditions, safeguards or limitations imposed on any special permit, variance or favorable ruling on appeal, shall be deemed sufficient grounds for revocation thereof, following due notice and a public hearing. The Inspector of Buildings (and, in the case of permits issued by the City Council and the Planning Board, with the consent of the Planning Director) may authorize minor, non-substantive changes to said plans in order to correct clerical errors or address conditions discovered after issuance of a special permit or variance; provided, however, that such changes are consistent with the original decision and do not detract from the protection provided to the neighborhood and the city by said decision. At the request of the applicant, the City Council, Zoning Board of Appeals or Planning Board may make substantive changes to the plans it has approved or the conditions, safeguards or limitations it has imposed, provided that the interests of the neighborhood and the city are not impaired, and only after due notice and a public hearing, and only for good cause shown.

1.5.14 Withdrawal of Applications

An appeal pursuant to Section 1.6 may be withdrawn at any time; provided, however, that such withdrawal will not toll the time limit within which such appeal may be taken. An application for a special permit or variance may be withdrawn without prejudice at any time prior to the first publication of notice of the public hearing. Thereafter, and until such time as a vote is taken thereon, such application may be withdrawn without prejudice only at the discretion of the City Council, Zoning Board of Appeals or Planning Board.

1.5.15 Repetitive Applications

(a)

City Council: No application for a special permit which has been denied by the City Council shall be resubmitted within two years of the date of said denial unless:

(i)

Such resubmission is allowed by a vote of two-thirds of the members of the council, upon a finding that there have been specific and material changes in the conditions upon which the previous denial was based, which changes shall be described in the record of the council's proceedings; and

(ii)

Such resubmission is subsequently consented to by all but one member of the Planning Board, after written notice is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered.

(b)

Zoning Board of Appeals: No appeal or application for a variance or special permit which has been denied by the Zoning Board of Appeals shall be resubmitted within two years of the date of said denial unless:

(i)

Such resubmission is allowed by a vote of four members of the board, upon a finding that there have been specific and material changes in the conditions upon which the previous denial was based, which changes shall be described in the record of the Board's proceedings; and

(ii)

Such resubmission is subsequently consented to by all but one member of the Planning Board, after written notice is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered.

(c)

Planning Board: No application for a special permit which has been denied by the Planning Board shall be resubmitted within two years of the date of said denial unless such resubmission is allowed by a vote of all but one of the members of the board, after written notice is given to parties in interest of the time and place of the proceedings, and upon a finding that there have been specific and material changes in the conditions upon which the previous denial was based, which changes shall be described in the record of the board's proceedings.

1.5.16 Appeal from the Decision of the City Council, Zoning Board of Appeals or Planning Board

Any person aggrieved by a decision of the City Council, Zoning Board of Appeals or Planning Board, whether or not previously a party to the proceedings, or any municipal officer or board of the city, may appeal to the Essex County Land Court Department, the Essex County Superior Court Department, the Essex County Division of the Housing Court or the Essex County District Court, as appropriate, by bringing an action within twenty (20) days after said decision has been filed with and time-stamped by the City Clerk, and by otherwise complying with the provisions of MGL Chapter 40A, Section 17.

(Ord. of 9-2-2008(4); Ord. of 11-29-2011(1); Ord. No. 2023-066, 3-6-2023)

1.6.1 Who May Appeal

Pursuant to MGL Chapter 40A, Section 15, the Zoning Board of Appeals shall hear and vote upon appeals taken by:

Any person or entity aggrieved by reason of a decision by the Inspector of Buildings to either issue or not issue a building permit or other permit authorized by MGL Chapter 40A or this ordinance; or

Any person or entity aggrieved by reason of a decision by the Inspector of Buildings to either issue or not issue an order enforcing the provisions of MGL Chapter 40A or this ordinance.

For purposes of this section the term "person or entity" shall include the Metropolitan Area Planning Council, an officer or board of the City of Gloucester or an officer or board of any abutting town. An appeal pursuant to this section may be taken by any of the foregoing persons or entities, whether or not previously a party to the order or decision in question.

1.6.2 Time Limit for Appeal

Within thirty (30) days of (a) the date of any written decision, ruling or order of the Inspector of Buildings, or (b) the date by which the Inspector of Buildings was required by this ordinance to have issued a written decision but failed to do so, an aggrieved person may submit a notice of appeal to the City Clerk, subject to the procedure set forth at Sections 1.5.1(b), 1.5.2, and 1.5.4(b).

1.6.3 Modification of the Decision of the Inspector of Buildings

In acting on an appeal the Zoning Board of Appeals may modify the order or decision of the Inspector of Buildings and impose such conditions, safeguards and limitations as it deems necessary to protect the neighborhood and the city. Any such condition, safeguard or limitation so imposed may thereafter be modified by the board, in the interests of the appellant, the neighborhood and the city, but only after due notice and a public hearing, and only for good cause shown.

1.6.4 Vote of the Zoning Board of Appeals

The order or decision of the Inspector of Buildings may be reversed or modified only upon a vote of at least four members or associate members of the Zoning Board of Appeals.

(Ord. of 9-2-2008(4))

1.7.1 Jurisdiction of the Board of Appeals

Pursuant to MGL Chapter 40A, Section 10, the Zoning Board of Appeals shall hear and vote upon applications for variances from the terms and requirements of this ordinance, including variances for use.

1.7.2 Standard to be Applied

Variances are to be granted only upon a written determination by the Zoning Board of Appeals that:

Literal enforcement of the provisions of this ordinance would involve substantial hardship to the applicant, financial or otherwise; and

Said hardship arises from circumstances relating to the soil conditions, shape or topography of the land or structure(s) in question, which circumstances particularly affect such land or structure(s) but which do not generally affect the zoning district in which they are located; and

The desired relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this ordinance; and

In the case of a requested variance from the requirements of Section 2.3, Use Tables, that no other feasible and economic use of the subject property can be made, either as of right or by special permit.

1.7.3 Conditions, Safeguards and Limitations

A variance may contain such conditions, safeguards and limitations as the Zoning Board of Appeals deems necessary to protect the neighborhood and the city, including conditions, safeguards and limitations relating to time, use and the continued existence of any particular structure or structures; provided, however, that the board may not impose conditions, safeguards or limitations based upon the continued ownership, by the applicant or any other person, of the land or structure to which the variance pertains.

1.7.4 Modification of Variance

At the request of the applicant, a variance may be subsequently modified by the Zoning Board of Appeals, provided that the interests of the neighborhood and the city are not impaired, and only after due notice and a public hearing, and only for good cause shown.

1.7.5 Lapse of Variance

If the rights authorized by a variance are not exercised within one year of the issuance thereof, such rights shall lapse; provided, however, that if written request is made prior to the expiration of said one-year period the board, the Zoning Board of Appeals, in its discretion, may extend said period for up to six (6) months.

1.7.6 Vote of the Zoning Board of Appeals

A variance, and any modification thereof, shall require the affirmative vote of at least four (4) members or associate members of the Zoning Board of Appeals.

(Ord. of 9-2-2008(4))

1.8.1 Jurisdiction

Pursuant to MGL Chapter 40A, Section 9, and Sections 2.2.1 and 2.3 of this ordinance, the City Council shall hear and vote upon applications for a special permit for those uses identified as "CC" and "CCS" in the Use Tables set forth at Section 2.3; the Zoning Board of Appeals shall hear and vote upon applications for a special permit for those uses identified as "SP" and "SPS" in the Use Tables; and the Planning Board shall hear and vote upon applications for a special permit for those uses identified as "PB" in the Use Tables.

1.8.2 Title

When acting pursuant to this Section 1.7, the City Council, the Zoning Board of Appeals and the Planning Board shall each be referred to as the Special Permit Granting Authority (hereinafter, "SPGA").

1.8.3 Standard to be Applied

A special permit pursuant to this section or Section 5.30 shall be granted only upon a written determination by the SPGA that the proposed use will be in harmony with the general purpose and intent of this ordinance, and that it will not adversely affect the neighborhood, the zoning district or the city to such an extent as to outweigh the beneficial effects of said use. In reviewing special permit applications, SPGA shall consider, but not be limited to, the following seven factors:

(a)

The social, economic and community needs that will be served by the proposed use;

(b)

Traffic flow and safety;

(c)

Adequacy of utilities and other public services;

(d)

Neighborhood character and social structure;

(e)

Qualities of the natural environment;

(f)

Potential fiscal impact.

(g)

Vulnerability to flooding and flood damage, taking into consideration projections for sea level rise.

1.8.4 Additional Standards to be Applied in Certain Cases

In addition to the above-referenced general factors, the SPGA shall consider the supplementary standards set forth at Section V for each of the following uses:

(a)

City Council:

Earth Fill and Removal Regulations, see Section 5.2.

Lowlands Regulations, see Section 5.5.

Major Projects, as defined at Section 5.7.1, see Section 5.7.5.

Personal Wireless Service Facilities (cell towers), see Section 5.13.

Assisted Living Residences, see Section 5.14.

Drive-through facilities, see Section 5.17.

Any use proposed in the Marine Industrial (MI) District which is within 200 feet of the water's edge, see Section 5.18.

Gas Stations and Other Motor Vehicle Services in certain zoning districts, see Section 5.21.

Commercial Land-based Wind Energy Conversion Facilities, see Section 5.22.

(b)

Zoning Board of Appeals:

Home Occupations, see Section 5.3.

Any use in the Marine Industrial (MI) District which is within 200 feet of the water's edge, see Section 5.18.

Gas Stations and Other Motor Vehicle Services in the GI District, see Section 5.21.

Residential Land-based Wind Energy Conversion Facilities, see Section 5.23.

Accessory In-Law Apartments, see Section 5.24.

Multi-family buildings subject to use number 22 of Section 2.3.1, see Section 5.30.

(c)

Planning Board:

Cluster Developments, see Section 5.9.

Certain uses in the Watershed Protection Overlay District, see Section 5.10.

Uses in the Village Development Overlay District, see Section 5.16.

Pork Chop Lots, see Section 5.19.

Common Driveways, see Section 5.20.

1.8.5 Conditions, Safeguards and Limitations; Modification

A special permit granted pursuant to this section may contain such conditions, safeguards and limitations as the SPGA deems necessary to protect the neighborhood and the city. At the request of the applicant, a special permit granted pursuant to this section may be subsequently modified by the SPGA, provided that the interests of the neighborhood and the city are not impaired, and only after due notice and a public hearing, and only for good cause shown.

1.8.6 Lapse of Special Permit

Except for good cause found by the SPGA after due notice and a public hearing, or except as provided by MGL Chapter 40A, Section 9, if construction or use under a special permit is not substantially commenced within two (2) years of the issuance of said permit, or if said construction or use is discontinued for a period of two (2) years or more, said permit shall lapse.

1.8.7 Compliance with Subsequent Amendment of Zoning Ordinance

Construction or operations under a special permit granted by the City Council, Zoning Board of Appeals or Planning Board shall conform to any subsequent amendment of this ordinance, unless such use or construction is commenced within six months of the issuance of said permit, and in the case of construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

1.8.8 Vote of the SPGA

A special permit granted pursuant to this section, and any modification thereof, shall require the affirmative vote of at least two-thirds of the members of the City Council, or at least four (4) members or associate members of the Zoning Board of Appeals, or at least two-thirds of the members of the Planning Board.

(Ord. of 9-2-2008(4); Ord. of 8-22-2017(1), §§ III, IV; Ord. No. 2023-066, 3-6-2023)

1.9.1 Jurisdiction

Pursuant to MGL Chapter 40A, Section 6 and Section 2.4 of this ordinance, and subject to the special procedures, exemptions and standards set forth at Section 2.4, the Zoning Board of Appeals shall hear and decide upon applications for a special permit for:

The change, extension or alteration of a pre-existing nonconforming use;

The change, extension or alteration of a pre-existing nonconforming structure;

The alteration of a pre-existing nonconforming structure to enable it to be used for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent; or

The change, extension, alteration or reconstruction of a single or two-family dwelling in those cases under Section 2.4.4 where a determination is made that the proposed work will increase the nonconforming nature of the building.

1.9.2 Standard to be Applied

A special permit pursuant to this section shall only be granted upon a written determination by the Zoning Board of Appeals that such change, extension, reconstruction or alteration will not be substantially more detrimental to the neighborhood than the existing nonconforming use or structure; provided, however, that in the case of a single or two-family dwelling the board (or, in certain cases, the Inspector of Buildings) may decide that a special permit is not required because the proposed change, extension, reconstruction or alteration of said dwelling does not increase its nonconformity. See Section 2.4.4.

1.9.3 Conditions, Safeguards and Limitations; Modification

A special permit granted pursuant to this section may contain such conditions, safeguards and limitations as the Zoning Board of Appeals deems necessary to protect the neighborhood and the city. At the request of the applicant, a special permit granted pursuant to this section may be subsequently modified by the board, provided that the interests of the neighborhood and the city are not impaired, and only after due notice and a public hearing, and only for good cause shown.

1.9.4 Lapse of Special Permit

Except for good cause found by the Zoning Board of Appeals after due notice and a public hearing, or except as provided by MGL Chapter 40A, Section 9, if construction or use under a special permit is not substantially commenced within two (2) years of the issuance of said permit, or if said construction or use is discontinued for a period of two (2) years or more, said permit shall lapse.

1.9.5 Compliance with Subsequent Amendment of Zoning Ordinance

Construction or operations under a special permit granted under this Section 1.8 shall conform to any subsequent amendment of this ordinance, unless such use or construction is commenced within six months of the issuance of said permit, and in the case of construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

1.9.6 Vote of the Zoning Board of Appeals

A special permit granted pursuant to this section, and any modification thereof, shall require the affirmative vote of at least four (4) members or associate members of the Zoning Board of Appeals.

(Ord. of 9-2-2008(4))

1.10.1 Jurisdiction of the City Council and Zoning Board of Appeals

(a)

City Council: The City Council shall hear and decide upon applications for the following miscellaneous special permits:

(1)

Special permits pursuant to Section 3.1.6, authorizing an increase in building height over 35 feet in certain zoning districts, subject to the standards set forth therein;

(2)

Special permits pursuant to footnote (e) of Sections 3.2.2 and 3.2.6, authorizing a decrease in the required distance between buildings used for multi-family dwellings, hotels, motels and motor inns, subject to the standards set forth therein;

(3)

Special permits pursuant to footnote (a) of Section 3.2.2, authorizing a decrease in minimum lot area and minimum open space per dwelling unit for multi-family dwellings, subject to the requirements and standards set forth therein;

(4)

Special permits pursuant to footnote (a) of Section 3.2.6, authorizing a decrease in minimum lot area and minimum open space per two guest unit for hotels, motels and motor inns, subject to the requirements and standards set forth therein;

(5)

Special permits pursuant to Section 5.6, authorizing a decrease in the off-street parking, lot area and open space requirements for elderly housing, subject to the standards set forth therein.

(b)

Zoning Board of Appeals: The Zoning Board of Appeals shall hear and decide upon applications for the following miscellaneous special permits:

(1)

Special permits pursuant to Section 3.1.5, for the division of certain lots on which more than one building exists, subject to the requirements and standards set forth therein;

(2)

Special permits pursuant to Section 3.1.6, authorizing an increase in building height of up to 35 feet in certain zoning districts, subject to the requirements and standards set forth therein;

(3)

Special permits pursuant to Section 4.1.2, authorizing a decrease in the number of required off-street parking spaces for various uses, subject to the requirements and standards set forth therein;

(4)

Special permits pursuant to Section 4.4.1, authorizing exceptions from the noise, litter and smoke standards of Section 4.4, subject to the requirements and standards set forth therein.

1.10.2 Standard to be Applied

A special permit granted pursuant to this section shall only be granted upon a written determination by the City Council or the Zoning Board of Appeals that the proposed use will be in harmony with the general purpose and intent of this ordinance, based upon the standards and requirements set forth in the applicable section of this ordinance, as referenced above.

1.10.3 Conditions, Safeguards and Limitations; Modification

A special permit granted pursuant to this section may contain such conditions, safeguards and limitations as the City Council or the Zoning Board of Appeals deems necessary to protect the neighborhood and the city. At the request of the applicant, a special permit granted pursuant to this section may be subsequently modified by the City Council or the Zoning Board of Appeals, provided that the interests of the neighborhood and the city are not impaired, and only after due notice and a public hearing, and only for good cause shown.

1.10.4 Lapse of Special Permit

Except for good cause found by the City Council or the Zoning Board of Appeals after due notice and a public hearing, or except as provided by MGL Chapter 40A, Section 9, if construction or use under a special permit is not substantially commenced within two (2) years of the issuance of said permit, or if said construction or use is discontinued for a period of two (2) years or more, said permit shall lapse.

1.10.5 Compliance with Subsequent Amendment of Zoning Ordinance

Construction or operations under a special permit granted under this Section 1.8 shall conform to any subsequent amendment of this ordinance, unless such use or construction is commenced within six months of the issuance of said permit, and in the case of construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

1.10.6 Vote of the City Council or Zoning Board of Appeals

A special permit granted pursuant to this section, and any modification thereof, shall require the affirmative vote of at least two-thirds of the members of the City Council, or at least four (4) members or associate members of the Zoning Board of Appeals.

(Ord. of 9-2-2008(4))

1.11.1 Authorization

The Zoning Ordinance may be amended by vote of the City Council, following hearings and the other procedures prescribed by MGL Chapter 40A, Section 5 and this ordinance.

1.11.2 Initiation

Amendment of the Zoning Ordinance may be initiated in any of the following ways:

(a)

By submission to the City Council of a proposed amendment by the Planning Board, the Board of Appeals or the Metropolitan Area Planning Council;

(b)

By submission to the City Council of a proposed amendment by the owner(s) of property that will be directly affected by the proposed change, accompanied by an application fee in the amount as set forth at Appendix B, Schedule of Fees Under the City of Gloucester Zoning Ordinance,payable by check or money order to the order of the City of Gloucester.

(c)

By petition of ten registered voters to the City Council, such petition to be certified by the City Clerk as provided by MGL Chapter 43, Section 38, accompanied by an application fee in the amount as set forth at Appendix B, Schedule of Fees Under the City of Gloucester Zoning Ordinance,payable by check or money order to the order of the City of Gloucester.

(d)

By other methods provided for in the City of Gloucester Charter;

(e)

By motion of the City Council on any matter it deems appropriate, including, but not limited to, amendments to this ordinance proposed in a manner other than those prescribed above.

1.11.3 Informal Planning Board Review

In determining whether or not to initiate formal action on a proposed amendment to this ordinance, the City Council may request informal review of the matter by the Planning Board and a recommendation thereupon. Such informal review, even if conducted at a meeting or hearing open to the general public, shall not be deemed to satisfy the requirement, of MGL Chapter 40A, Section 5 and Section 1.11.4(b) of this ordinance, that the Planning Board hold a public hearing after formal submission of the proposed amendment to the board by the City Council pursuant to Section 1.11.4(a) hereof. Any meeting or hearing of the Planning Board conducted in response to the City Council's request for informal review and recommendation need not comply with the public notice requirements of MGL Chapter 40A, Section 5 and Section 1.11.5(b) of this ordinance.

1.11.4 Hearings and Notices

(a)

Submission to the Planning Board: Within fourteen (14) days of receipt of a proposed amendment, the City Council shall submit it to the Planning Board for review.

(b)

Public Hearings: The Planning Board and the City Council, or a subcommittee of the City Council appointed for the purpose by the City Council, shall each hold a public hearing on the proposed amendment, together or separately. Such hearing shall be held within sixty-five (65) days after the proposed amendment is submitted to the Planning Board by the City Council pursuant to Section 1.11.4(a). Notice of the time and place of the public hearing shall be given as provided in MGL Chapter 40A, Section 5. In addition, the Council shall give notice by mail to the owners of all property included in and abutting the area of the city to be affected by such amendment, said owners being those persons against whom real estate taxes are currently assessed, as certified by the Assessors Office. Said notice shall state the general nature of the proposed amendment, as well as the text, and shall quote in full Section 1.11.5 pertaining to the vote required for passage of the proposed amendment. Provided, however, that such notice may be waived by vote of the City Council at the time of fixing the time and place of the public hearing, upon the Council's determination that the proposed amendment affects so many properties as to make such notice impracticable. A non-resident property owner may annually request that notice of public hearings under this Section 1.11.4 be sent by mail, postage prepaid, to said non-resident property owner; such request shall be made to the City Clerk before January first of each year, together with a fee of $10.00.

1.11.5 Vote of the City Council

(a)

Recommendation of the Planning Board: No City Council vote on a proposed amendment to this ordinance shall be taken until a report and recommendations have been submitted by the Planning Board to the council, or twenty-one (21) days have elapsed after the Planning Board's hearing pursuant to Section 1.11.4(b) without submission of such report.

(b)

Action by the City Council: After notice pursuant to Section 1.11.4(b) has been given, a report has been submitted by the Planning Board to the City Council [or after twenty-one days have elapsed since the Planning Board's hearing pursuant to Section 1.11.4(b) without submission of such report], and a public hearing has been held by the City Council, it may adopt, reject or amend and adopt a proposed amendment to this ordinance.

(c)

Failure to Vote within 90 Days of the Close of the Public Hearing: If the City Council fails to vote on a proposed amendment to this ordinance within ninety (90) days of the close of its public hearing, it shall not act thereon until after it holds another public hearing, preceded by notice as required by Section 1.11.4(b).

(d)

Required Majority: General Law chapter 40A, section 5 provides that the quantum of vote for certain zoning amendments shall be a simple majority vote of all members of the City Council. For all other proposed zoning amendments a two-thirds vote of all members of the City Council (i.e., six members) shall be required. If there is filed with the city clerk prior to final action by the council a written protest against a zoning change stating the reasons duly signed by owners of 50 percent or more of the area of the land proposed to be included in such change or of the area of the land immediately adjacent extending 300 feet therefrom, no change of any such ordinance shall be adopted except by a two-thirds vote of all the members.

1.11.6 Repetitive Petitions

No proposed amendment to this ordinance which has been unfavorably acted upon by the City Council shall be considered again by the City Council for a period of two years from the date of such unfavorable action, unless the adoption of such proposed amendment had been recommended by the Planning Board pursuant to Section 1.11.5(a).

1.11.7 Incorporation of Map Amendments

Whenever a duly adopted and recorded amendment of the Zoning Ordinance requires a revision of the Zoning Map, as defined in Section 2.1.2, a notation shall be made on the appropriate page or pages of the master copy of said map, giving the date of the amendment and the grid location of the change(s); this notation shall be signed by the City Clerk. Copies of the amended map shall be kept on file as provided in Section 2.1.2.

1.11.8 Effective Date

The effective date of an amendment to this ordinance shall be the date of its final passage by the City Council.

1.11.9 Appeal from the Action of City Council

Appeal from the action of City Council pursuant to this Section 1.7 shall comply with the time limitations and other procedural requirements of MGL Chapter 40A, Section 5.

1.11.10 Severability

The invalidity of any section or provision of this ordinance shall not be held to invalidate any other section or provision thereof.

(Ord. of 9-2-2008(4); Ord. No. 2024-086, 4-23-2024)