5.1.1

Placement and occupancy of mobile homes, trailers and campers shall be in accordance with Section 2.3 and with the following:

5.1.2

Mobile Home Parks

Mobile home parks shall be operated only under license from the Board of Health and shall conform to the following minimum requirements:

(a)

Parcel minimum area to be ten acres.

(b)

Each plot shall be serviced with electricity, water, and sanitary drainage suitable for permanent connection.

(c)

No mobile home shall be placed within 200 feet of a street line, or within 60 feet of any other lot line.

5.1.3

Camp grounds shall be operated only under license from the Board of Health, and shall conform to the following minimum requirements:

(a)

Parcel minimum area to be ten acres.

(b)

If each plot is not serviced with water and sanitary drainage, common sanitary facilities meeting all requirements of the Gloucester Board of Health shall be provided.

(c)

No unit for overnight occupancy shall be placed within 200 feet of a street line, or 60 feet of any other lot line.

(d)

The development shall comply with all requirements of Article VIII of the Sanitary Code for the Commonwealth of Massachusetts.

5.1.4

Mobile Home Parks and Camp Grounds shall be reachable via right-of-way not less than 40 feet in width. Pavement widths within a Mobile Home Park or Camp Ground shall be not less than 20 feet in width.

5.1.5

This Ordinance shall not prohibit the owner and occupier of a residence which has been destroyed by fire or other natural holocaust from placing a mobile home for a period not to exceed twelve (12) months, while the residence is being rebuilt, subject to the provisions of the State Sanitary Code.

(Ord. of 11-13-2018(2))

5.2.1 General

The removal or filling of topsoil, borrow, rock, sod, loam, peat, humus, clay, sand or gravel shall be allowed only by special permit from the City Council in accordance with sections 5.2.2 through 5.2.8, except under the following circumstances:

(a)

When such removal or placement is necessarily incidental to or in connection with the following:

i)

Construction on the same site of a structure for which a building permit has been issued within the past six months; or

ii)

For grading or otherwise improving the premises of which such building is a part; or

iii)

For construction pursuant to an approved subdivision;

(b)

When such removal or placement involves the removal from the premises or redistribution within the premises of less than 50 cubic yards during any twelve month period; or a greater amount if, in the opinion of the Building Inspector, the nature of the activity is such that it will not pose a detriment to the abutting properties; in no instance, however, shall the amount of material be greater than 200 cubic yards;

(c)

When such removal or placement is in accordance with the terms of an Order of Conditions or Determination of Applicability issued by the Conservation Commission pursuant to M.G.L. Ch. 131, s.40, and Article 12 of the Gloucester Code of Ordinances;

(d)

When placement is for landscaping or gardening purposes and the material to be placed consists of peat moss, tree bark, wood chips, or other vegetative mulch, loam, or crushed stone or gravel in a walkway, driveway, or parking area.

All fill and removal operations shall conform to the national standards for the stabilization of slopes and materials (Soil & Water Conservation guidelines), a copy of which is available in the office of the Community Development Department and the Building Inspector's Office.

5.2.2 Permit from the City Council

Written application for a Special Permit must be made to the City Council. The following shall be conditions for such issuance:

(a)

The application shall be accompanied by a plan describing the premises and the proposed operation. If involving more than three acres or 1,000 cubic yards, the plan shall be prepared by a registered Land Surveyor or Engineer, showing all man-made features, property lines, names and addresses of all abutters, topography at 5 foot contour intervals of the site and all land within 100 feet of the area from which the above material is to be removed, together with the grades below which no excavation shall take place, and above which no filling shall take place, and the proposed cover vegetation and trees. The application shall also be accompanied by a soils engineering report.

(b)

A performance bond in an amount determined by the City Council has been posted in the name of the City assuring satisfactory performance in the fulfillment of the requirements of this Ordinance and such other conditions as the City Council may impose as conditions to the issuance of its permit.

(c)

Before granting a permit, the City Council shall give due consideration to the location of the proposed earth removal or fill operation, to the general character of the neighborhood surrounding such location and to the general safety of the public on the public ways in the vicinity.

5.2.3 Fill

Temporary stockpiling of fill may be allowed prior to the issuance of a special permit, upon the finding of the Building Inspector that such temporary stockpiling will not be detrimental to the abutting properties; in no instance, however, will such stockpiling be allowed for a period exceeding ninety (90) days.

During fill operations no slope shall exceed one (1) foot vertical rise to one and one-half foot horizontal distance or the natural angle of repose of the material in a dry state, whichever is the lower, except undisturbed ledge. Provision shall be made for safe drainage of water, and for prevention of wind or water erosion carrying material onto adjoining properties.

5.2.4 Removal

Removal operations shall be subject to the following conditions:

(a)

Earth removal shall take place at the grades specified on the plan accompanying the permit application.

(b)

During removal operations no slope shall exceed one (1) foot vertical rise to one and one-half foot horizontal distance or the natural angle of repose of the material in a dry state, whichever is the lower, except undisturbed ledge.

(c)

Provision shall be made for safe drainage of water, and for prevention of wind or water erosion carrying material onto adjoining properties.

(d)

Soil shall not be disturbed within one hundred (100) feet of the boundaries of the premises, excepting at the conclusion of operations if required in order to improve the overall grading.

(e)

All trucking routes and methods will be subject to approval by the Chief of Police.

(f)

All roads leading from earth removal areas to City streets shall be treated with oil, stone, or other suitable material to reduce dust and mud for a distance of 200 feet from said street. Roads leading from earth removal areas to City streets shall be constructed with a curve so as to help screen the operation from view.

5.2.5 Restoration

Forthwith following the expiration or withdrawal of a permit, or upon voluntary cessation of operations, or upon completion of removal in a substantial area, that entire area shall be restored as follows:

(a)

All land shall be so graded that no slope exceeds one (1) foot vertical rise in three (3) feet horizontal distance and shall be so graded as to safely provide for drainage without erosion.

(b)

All boulders larger than one-half cubic yard shall be removed or buried.

(c)

The entire area excepting exposed ledge rock shall be covered with not less than four (4) inches of good quality loam, which shall be planted with cover vegetation adequate to prevent soil erosion, using either grasses or ground cover, depending upon conditions.

(d)

Bond shall not be released until sufficient time has lapsed to ascertain that the vegetation planted has successfully been established and that drainage is satisfactory.

5.2.6 Additional Conditions

The City Council may set conditions in addition to the above, including but not limited to: duration of the permit, hours of the day during which removal may take place, hours during which vehicles may leave the premises, and trees to be planted.

5.2.7 Renewal or Renovation of Permit

Permits will be issued for one year periods only, but a permit may be renewed upon application without a public hearing. Prior to renewal, inspection of the premises shall be made by the Building Inspector to determine that the provisions of this Ordinance are being complied with. The City Council, after hearing and proof of violation of this Ordinance, shall withdraw the permit, after which the operation shall be discontinued and the area restored in accordance with Section 5.2.5.

5.2.8 Removal Activities Prior to this Ordinance

Earth removal activities in lawful operation at the time this Ordinance is adopted may continue until abandoned for more than 12 consecutive months, provided that within 60 days after the effective date of this Ordinance the owners of such premises shall submit to the City Council a plan and application as required in Section 5.2.2.

Customary home occupations are permitted if conforming to the following conditions:

5.3.1

No more than 25% of the floor area of the residence shall be used for the purpose of the home occupation or the professional use.

5.3.2

Not more than one person, not a member of the household, shall be employed on the premises in the home occupation.

5.3.3

There shall be no exterior display, no exterior storage of materials and no other exterior indication of the home occupation except for an identification sign not in excess of two (2) square feet in area, nor shall there be any other variation from the residential character of the principal building.

5.3.4

No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced. (See Section 4.4)

5.3.5

Traffic generated shall not exceed volumes normally expected in a residential neighborhood.

5.3.6

Parking generated shall be accommodated off-street, other than in a required front yard.

5.3.7

A Special Permit shall be required and may be issued only by the Zoning Board of Appeals after Public Hearing and with such restrictions as the Board deems proper.

No garbage, rubbish, refuse or other waste material shall be dumped or incinerated in any District, home incineration excepted, and no land shall be used as a dump or fill area, without authorization for any use covered by the provisions of Section 150A of Chapter III of the General Laws, as inserted by Chapter 310 of the Acts of 1955, with respect to any site unless it has been assigned by the Board of Health to such use in accordance with the provisions of said Section.

5.5.1. Purpose

The purpose of the Floodplain Overlay District is to:

1)

Ensure public safety through reducing the threats to life and personal injury.

2)

Eliminate new hazards to emergency response officials.

3)

Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.

4)

Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding.

5)

Eliminate costs associated with the response and cleanup of flooding conditions.

6)

Reduce damage to public and private property resulting from flooding waters.

7)

Minimize potential loss of life, destruction of property, and environmental damage resulting from storms, flooding, erosion, and relative sea level rise.

5.5.2 Floodplain Overlay District Boundaries

The Floodplain District is herein established as an overlay district. The Floodplain Overlay District consists of the Federal Floodplain District and the Future Flood Risk District.

5.5.3 Federal Floodplain District

The Federal Floodplain District includes all special flood hazard areas designated on the City's Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program, dated July 8, 2025. These maps indicate the 1%-chance regulatory floodplain. The exact boundaries of the District shall be defined by the 1%-chance base flood elevations shown on the Essex County FIRM and further defined by the Essex County Flood Insurance Study (FIS) report dated July 8, 2025. The effective FIRM and FIS report are incorporated herein by reference and are on file with the City Clerk, Planning Board, Building Official, and Conservation Commission.

5.5.4 Future Flood Risk District

The Future Flood Risk District includes areas projected to be subject to future flooding with 2.4 feet of sea level rise. The exact boundary of the Future Flood Risk District is defined by 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.

Sea level rise impacts are projected to include more frequent flooding and greater depths of flooding in the Federal Floodplain District and expanded areas of flood risk outside the Federal Floodplain District. The Future Flood Risk District map is for the purpose of understanding and planning for future flood risk. State flood resistant construction codes apply only in the Federal Floodplain District.

5.5.5 Designation of Floodplain Administrator

The City of Gloucester hereby designates the position of Conservation Agent to be the official floodplain administrator for the City.

5.5.6 Permit Requirements

The City of Gloucester requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

Gloucester's permit review process includes the requirement that the applicant obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district. The applicant must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.

Permit applicants in the Floodplain Overlay District shall identify future flood risk including the projected frequency and depth of flooding as shown on the MC-FRM "2.4 Foot Sea Level Rise" map dated May 1, 2022, and on the "2.4 Foot Sea Level Rise Flood Depth" map dated May 1, 2022, or the most current version of the MC-FRM, on file with the City Clerk, Community Development Department, and the Building Department. Applications shall include a narrative, on a form designated by the City, describing proposed methods to minimize future flood impacts to the property and surrounding areas.

5.5.7 Use Regulations

For the purposes of this Section 5.5.7, residential dwelling, structure or construction shall mean an accessory dwelling unit, a single-family detached dwelling, a two-family dwelling, or a multi-family or apartment dwelling, except these standards shall not apply to mixed uses.

The following shall be prohibited in VE zones:

A.

New construction of a residential dwelling

B.

Movement, alteration, or expansion of an existing residential dwelling or structure, repair of a substantially damaged structure, or reconstruction of an existing structure so as to increase its lot coverage in the VE zone.

The following shall apply in the AE zone:

A.

New residential and/or accessory construction shall conform to underlying zoning requirements, except that increased lot coverage within the AE zone on a lot, in aggregate, shall not exceed 10% of the land area of the AE zone. In this calculation lands below elevation 5 feet relative to the North American Vertical Datum (NAVD) shall be excluded.

B.

In the case of the movement, alteration, or expansion of an existing residential and/or accessory structure, such activities shall not cause the increased lot coverage of all structures within the AE zone to exceed 10% of the land area of the AE zone. In this calculation lands below elevation 5 feet relative to the NAVD shall be excluded.

5.5.8 Floodway Encroachment

In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the City's FIRM encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

5.5.9 Unnumbered A Zones

In A Zones, in the absence of FEMA Base Flood Elevation (BFE) data and floodway data, the building department will obtain, review and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

5.5.10 AO and AH zones drainage requirements

Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

5.5.11 Subdivision proposals

All subdivision proposals and development proposals in the floodplain overlay district shall be reviewed to assure that:

(a)

Such proposals minimize flood damage.

(b)

Public utilities and facilities are located & constructed so as to minimize flood damage.

(c)

Adequate drainage is provided.

When proposing subdivisions or other developments in the Federal Floodplain District greater than 50 lots or 5 acres (whichever is less), the applicant must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

5.5.12 Recreational vehicles

In A, A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

5.5.13 Protection of dunes

Alteration of sand dunes is prohibited when the alteration would increase potential flood damage.

5.5.14 Watercourse alterations

In a riverine situation, the Conservation Agent shall notify the following of any alteration or relocation of a watercourse:

•

Adjacent Communities, especially upstream and downstream

•

Bordering States, if affected

•

NFIP State Coordinator, Massachusetts Department of Conservation and Recreation

•

NFIP Program Specialist, Federal Emergency Management Agency, Region 1

5.5.15 Requirement to Submit New Technical Data

If the City acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the City will use its best efforts, within 6 months, to notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to:

•

NFIP State Coordinator, Massachusetts Department of Conservation and Recreation

•

NFIP Program Specialist, Federal Emergency Management Agency, Region 1

5.5.16 Variances to building code floodplain standards

The City will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.

The City shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property.

Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

5.5.17 Variances to local Zoning Ordinances related to community compliance with the National Flood Insurance Program (NFIP)

A variance in the Federal Floodplain District from these floodplain ordinances must meet the requirements set out by State law and may only be granted if: 1) Good and sufficient cause and exceptional non-financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud of the public; and 3) the variance is the minimum action necessary to afford relief.

5.5.18 Abrogation and Greater Restriction

The floodplain management regulations found in this Floodplain Overlay District shall take precedence over any less restrictive conflicting Zoning Ordinance provision.

5.5.19 Disclaimer of Liability

The degree of flood protection required by this ordinance is considered reasonable but does not imply total flood protection.

5.5.20 Severability

If any section, provision, or portion of this ordinance is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.

5.5.21 Definitions

DEVELOPMENT means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]

FLOODWAY. The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202]

FUNCTIONALLY DEPENDENT USE means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]

HIGHEST ADJACENT GRADE means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]

HISTORIC STRUCTURE means any structure that is:

(a)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(d)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

(1)

By an approved state program as determined by the Secretary of the Interior or

(2)

Directly by the Secretary of the Interior in states without approved programs.

[US Code of Federal Regulations, Title 44, Part 59]

NEW CONSTRUCTION. Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]

RECREATIONAL VEHICLE means a vehicle which is:

(a)

Built on a single chassis;

(b)

400 square feet or less when measured at the largest horizontal projection;

(c)

Designed to be self-propelled or permanently towable by a light duty truck; and

(d)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

[US Code of Federal Regulations, Title 44, Part 59]

REGULATORY FLOODWAY - see FLOODWAY.

SPECIAL FLOOD HAZARD AREA. The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]

START OF CONSTRUCTION. The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.

Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]

STRUCTURE means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Title 44, Part 59]

SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT. Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the actual repair work performed. The term does not, however, include either:

1.

Any project for improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions.

2.

Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as a historic structure. [Base Code Section 1612.2]

SUBSTANTIAL REPAIR OF A FOUNDATION. When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]

VARIANCE means a grant of relief by a community from the terms of a flood plain management regulation. [US Code of Federal Regulations, Title 44, Part 59]

VIOLATION means the failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in §60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or (e)(5) is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]

ZONE AE means area of special flood hazard with water surface elevations determined.

ZONE VE means coastal area of special flood hazard with water surface elevations determined and an additional hazard associated with storm waves.

5.5.22 Effective Date

Notwithstanding any General Law or ordinance or the contrary, the effective date of this chapter shall be June 1, 2023.

(Ord. No. 2023-066, 3-6-2023; Ord. No. 2025-147, 6-11-2025)

On Special Permit from the City Council, the requirements of this Ordinance may be reduced as follows for multi-family dwellings in which two-thirds or more of the units are reserved through contract, covenant or other binding legal device for occupancy by persons 62 years or older, and where construction provides features specifically designed for the elderly, including all public areas and entrances and at least 5% of all units designed to accommodate wheel chairs and provision of special function rooms such as clinics or social rooms. Reductions shall apply only to units having two or fewer bedrooms, equipped with bathtub and toilet grab bars, emergency signals, out-swinging doors and other features for the elderly.

5.6.1

Parking requirements per elderly dwelling unit may be reduced to not less than one-third that otherwise required by Section 4.1.

5.6.2

Required lot area and open space shall be reduced to (1 — .65 E/T) times that required by Section 3.2, where E is the number of dwelling units reserved and equipped for the elderly and T the number of dwelling units.

5.7.1 Applicability

Any application for a multi-family dwelling is required on a Special Permit and involving 21 or more bedrooms, or 11 or more dwelling units, or if abutting a parcel for which a permit for multi-family dwelling has been issued in the past 36 months, shall be considered a Major Project, and shall comply with all requirements below. Any application for a hotel, motel, or motor inn resulting in 30 or more guest units (existing plus proposed) shall also be considered a Major Project, and shall comply with all requirements below. A Shopping Center (as defined herein) shall be considered a Major Project and shall comply with all requirements below. Assisted Living projects of 11 dwelling units or greater shall be considered a Major Project and shall comply with all requirements in Section 5.7 [except 5.7.5(f)] and Section 5.14.

A Medical Marijuana Cultivation Facility and a Medical Marijuana Treatment Center shall be considered a Major Project and shall comply with all requirements as set forth in Section 5.7 pertaining to Major Projects.

5.7.2 Application

Major Project applications shall be submitted in conformance with the requirements of Section 1.5.3.

(a)

In addition to the information required under that Section, the developer shall submit photographs of the premises in relation to adjoining structures and to natural features, and for projects involving 50 or more dwelling units a simple block model of proposed buildings and topography. For projects not to be connected to municipal sewerage, percolation test reports shall be submitted. Required plans shall have been prepared by a registered Engineer, bear their respective seals and signatures, and also bear certifications by each that the materials were prepared by them or under their supervision for the site in question, and comply with all state statutes and local ordinances and regulations. Eight copies of the application and plans shall be submitted, plus a reproducible copy of the site plan.

5.7.3 Departmental Reviews

Forthwith upon their receipt, one copy of Major Project applications and plans submitted to the City Clerk for approval shall be transmitted by the City Clerk to the following for their review and report:

The above shall report in writing to the Council regarding compliance of the proposal to existing state statutes and local rules, regulations, and ordinances, and regarding relationship of the proposal to matters within the Department or Commission's area of concern. No Special Permit shall be decided upon within twenty-one days of forwarding such plans without receipt of an advisory report thereon from all of the above Departments or Commissions.

5.7.4 Planning Board Review

Forthwith upon their receipt, one copy of Major Project applications and plans submitted to the City Council for approval shall be transmitted by the City Clerk to the Planning Board for their review and report regarding the Special Permit criteria below. The Planning Board may, when they deem it advisable, engage professional assistance, at the applicant's expense, for such review and report. Consideration should be given as to whether review by a third-party independent consultant pursuant to GL c. 44, sec. 53G, would be appropriate due to the complexity of the application, plans submitted, and specific subject matter expertise required to thoroughly review the application.

No Special Permit shall be decided upon within thirty-five (35) days of forwarding such plans without receipt of an advisory report thereon from the Planning Board. The Planning Board may require of the developer submission of sufficient data on hydrology, traffic, or other environmental impacts to allow determination of compliance with the Special Permit criteria of Sections 1.8.3 and 1.8.4.

5.7.5 Special Permit Criteria

The following criteria shall be considered as guidelines by the Council in addition to those of Sections 1.8.3 and 1.8.4 in acting upon Major Projects:

(a)

Major Projects should have access from an arterial or collector street via ways serving not more than ten single-family homes.

(b)

Where not connected to municipal sewerage, assisted living facilities, multi-family or hotel, motel or motor inn major projects should be so located that there is minimal danger of pollution, evidenced by reasonable grades at leaching areas, a percolation rate of ten minutes per inch drop or less, maximum ground water table at least four feet below the bottom of the disposal field, and location not less than 100 horizontal feet distant from the bank of any pond, stream, river, swamp, or marsh or from the Mean High Water line of adjoining tidal waters. All projects must comply with Gloucester Board of Health regulations and meet Massachusetts Title V Requirements.

(c)

The site plan shall include the following: Access, drainage and utilities serving each structure meet functional standards equivalent to those established in the Gloucester Planning Board's adopted Subdivision Regulations; access via minor streets servicing single-family homes is avoided; parking areas are screened from public ways by building location, grading, or screening; lighting of parking areas avoids glare on adjoining properties; egress does not require backing onto any public way; major topographic changes or removal of existing trees are avoided.

(d)

All other requirements of the Zoning Ordinance and of all applicable building codes must have been satisfied. Consideration should be given as to whether review by a third-party independent consultant pursuant GL c. 44, sec. 53G would be appropriate due to the complexity of the application, plans submitted, and specific subject matter expertise required to thoroughly review the application. Specific attention is drawn to the requirements of the Subdivision Control Law, and the necessity of obtaining occupancy permits prior to occupancy of any building or portion thereof.

(e)

Where a multi-family residential or assisted living facility use is proposed in a non-residential district a Special Permit will only be granted if the Council finds that:

1.

The public good will be served;

2.

The non-residentially zoned area would not be adversely affected; and,

3.

That the uses permitted in the zone would not be noxious to the multi-family or assisted living use.

(f)

The following criteria, in addition to the above, shall apply to Shopping Centers:

1.

Shopping Centers should be so located that not more than ten residential structures existing at the time of application shall be within 300 feet of the proposed buildings, parking areas, and access drives.

2.

Shopping Centers should be so located that annual average daily traffic is not increased 50% or more above current levels at any point more than 1000 feet from an expressway interchange, current levels as determined by the Gloucester Department of Public Works; and should be so located that resultant traffic is not above the capacity of roads and interchanges at level of service "C" at any point within one (1) mile of the premises using definitions and methods of estimation as outlined by the Highway Research Board Highway Capacity Manual, 1935, or later editions.

3.

No part of any parking area or structure of a Shopping Center shall be built within 100 feet of the right-of-way line of Route 128 (but not ramps) or within 30 feet* of any other street. At least 75% of these reserved areas shall be planted or retained in vegetative cover. *Except in CB district, none required.

4.

Storm water leaching (recharge) basins, retention basins, or other devices as necessary should be employed in order that peak flows through existing drainage structures or channels are not in a 15 year storm increased more than 15% above current flows or caused to exceed design capacity of structures or channel capacity of streams or to cause flooding.

5.

No egress onto an existing street shall be within 250 feet (centerline to centerline) of any other egress on the same side of street is serving 20 or more parking spaces or within 250 feet of the nearest point of an expressway interchange right-of-way or within 100 feet of the intersection of sidelines of intersecting streets. Egressing vehicles should have at least 400 feet visibility in each travel direction.

6.

Outdoor lighting fixtures shall not be higher than 20 feet. No light overspill shall be bright enough to create discernible shadows off the premises.

7.

All banks exceeding 15 degrees in slope resulting from site grading shall either be retained with a non-bituminous retaining wall, or covered with loam to a depth of four inches and planted with vegetative cover reasonably sufficient to initially prevent erosion.

8.

The requirements of Section 5.2 Earth Removal Regulations and Section 5.5 Lowlands Requirements shall be met.

9.

Parking shall conform to the requirements of Section 4.1 Off-Street Parking.

10.

All open storage, parking, and loading or service areas shall be screened in accordance with the requirements in Section 4.5.

11.

Shopping Center parking areas shall contain or be bordered within five feet by a least one tree per eight cars, trees to be of two inch caliper or larger, and if within the parking area to be planted in curbed soil plots allowing not less than 36 square feet of unpaved soil area per tree.

12.

On the shopping center premises there shall be not more than one freestanding sign, plus not more than one building sign per business. All signs must comply with the requirements of Section 4.3. No sign shall be located within required setbacks from Route 128.

(g)

In addition to the above-stated criteria, except 5.7.5(f), the following criteria shall apply to Assisted Living Facilities:

1.

Twenty (20)% of the units of all assisted living facilities, twenty (20) units or greater in size, shall be designated for low to moderate income persons. Low and moderate income persons shall be defined by the most recent income guidelines established by the U.S. Department of Housing and Urban Development.

2.

The developer/manager of the Facility shall annually certify to the Gloucester Community Development Director that the income of the residents meets the U.S. Department of Housing and Urban Development qualifications.

At the discretion of the SPGA, this requirement will be fulfilled in one of the following ways:

(A)

20% of the units on-site shall be designated for low to moderate income persons;

(B)

The equivalent value of these units will provide for housing services for low to moderate income persons offsite.

3.

Gloucester residents or their relatives shall be given priority in admission so long as all federal, state or local rules, laws, regulations, or ordinances are satisfied.

4.

Parking Requirements: One off-street parking space for every two dwelling units, one visitor parking space for every ten units, plus one parking space for each two hundred square feet of nonresidential area.

5.

Assisted Living Residences shall comply with the dimensional requirements as shown in Sections 2.3.1 Residential Use No. 19 and 3.2.5 Dimensional Requirements for ALR.

5.7.6 Council Action

Indication of City Council approval shall be placed upon approved Special Permits and upon all supporting documentation on which such approval is based. The Special Permit shall be made conditional upon project execution not deviating from supporting documentation without explicit Council authorization, which may be granted without further public hearing if deviations are minor.

(Adopted [amended] 6-20-2000; Ord. of 5-10-2016(1); Ord. No. 2024-183, 11-12-2024)

5.8.1 Purpose

The purpose of this section is to facilitate individual detailed review of development proposals which have an impact on the natural or built environment of the City in order to promote the health, safety and general welfare of the community; to ensure adequate parking, safe and accessible pedestrian and vehicular circulation; and to minimize traffic impact on city streets.

5.8.2 Applicability

The following types of activities and uses require site plan review by the Planning Board:

A)

Any new industrial or commercial construction or expansion over two thousand (2,000) gross square feet, or any new or expanded industrial or commercial use which requires more than five (5) additional parking spaces;

B)

In the MI district and new industrial or commercial projects or additions, change of use, or project requiring a special permit or variance.

C)

The construction or creation of any new parking lot or the expansion, or redesign of any existing parking lot.

D)

Driveways in residential districts, which propose more than one curb cut.

E)

Projects of six (6) or more dwelling units in the Maplewood Avenue Area and School House Road Area Sub districts of the Multi-family Overlay District (MFOD).

5.8.3 Pre-Application

Applicants are invited to submit a pre-application sketch of proposed projects to the Planning Division and are encouraged to schedule a pre-application meeting with the Planning Director and the Inspector of Buildings.

5.8.4 Procedures

Applicants for site plan approval shall submit five (5) copies of the site plan and a digital copy including any supporting materials, to the Planning Board. Application materials shall be distributed to City departments their review and comment. The Planning Board shall review and act upon the site plan at a regularly scheduled meeting within forty five (45) days of the meeting after a project appears on a Planning Board agenda. The Planning Board may impose such conditions as may be deemed appropriate. The decision of the Planning Board shall be a vote of a majority of a quorum of the Planning Board. A written decision reflecting the vote of the Planning Board shall be filed with the City Clerk within 14 days of the vote.

No building permit or occupancy permit, for activities requiring site plan approval, shall be issued by the Inspector of Buildings without the written approval of the site plan by the Planning Board. Any work done in deviation from an approved site plan shall be a violation of this Ordinance. Approval of a site plan pursuant to Section 5.8 et seq. shall be in addition to any required special permit or other forms of relief as required by the Zoning Ordinance.

5.8.4.1

Relation of Site Plan Approval to Applications for Special Permit or Variance Applications for projects requiring special permit or variance which also requires site plan approval, shall be accompanied by an approved site plan. In the alternative, any special permit or variance granted also requiring site plan approval shall contain the following condition:

"The work described herein requires the approval of a site plan by the Gloucester Planning Board pursuant to Section 5.8 of the Zoning Ordinance. Any conditions imposed in such site plan approval shall be incorporated herein by reference."

5.8.4.2

Where the Planning Board approves a site plan with conditions, and said approved site plan accompanies a special permit or variance application to the City Council or Zoning Board of Appeals, the conditions imposed by the Planning Board shall be incorporated into the issuance, if any, of a special permit or variance.

5.8.4.3

Where the Planning Board shall consolidate its site plan review with special permit procedures including but not limited to Major Project reviews.

5.8.4.4

The applicant may request, and the Planning Board may grant by majority vote, an extension of the time limits set forth herein.

5.8.4.5

No deviation from an approved site plan shall be permitted without approval of modifications by vote of the Planning Board.

5.8.4.6

Site plan approval does not constitute a certification that the proposed plan conforms to applicable zoning regulations, wetland regulations and/or any other City, State or Federal requirements that must be obtained prior to implementation of the elements of the site plan.

5.8.5 Preparation of Plans

Site Plans shall be submitted on 24-inch by 36-inch sheets. Plans shall be prepared by a Registered Professional Engineer, Registered Land Surveyor, Architect, or Landscape Architect, as appropriate. Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal. All plans shall have a minimum scale of 1"-40'.

5.8.5.1

Plan Contents. Plan sheets prepared at a scale of one (1) inch equals forty (40) feet or such other scale as may be approved by the Planning Board. Composite plans may be submitted provided details can be easily analyzed. In the case of change of use permits with limited site alterations, the required submission of one or more plans may be waived by the Planning Board upon recommendation by City department staff. Minimum plan requirements shall be outlined on the Site Plan Review Application. The plans to be submitted are as follows:

(A)

Site layout plan, which shall contain the boundaries of the lot(s) in the proposed development, proposed structures, general circulation plan for vehicles and pedestrians, drive-thru windows, curb cut locations, parking, fences, walls, walkways, outdoor lighting including proposed fixtures, loading facilities, solid waste storage locations, and areas for snow storage after plowing. The plan shall contain an inset locus plan, at a scale of one (1) inch equals one hundred (100) feet, showing the entire project and its relation to existing areas, buildings and roads for a distance of one thousand (1,000) feet from the project boundaries or such other distance as may be approved or required by the Planning Board.

(B)

Topography and drainage plan, which shall contain the existing and proposed final topography at two-foot intervals and plans for handling storm water runoff drainage.

(C)

Utility plan, which shall include all facilities for refuse and sewerage disposal or storage of all these wastes, the location of all hydrants, fire alarm and firefighting facilities on and adjacent to the site, all proposed recreational facilities and open space areas, and all wetlands including floodplain areas.

(D)

Architectural plan, which shall include the ground floor plan, proposed exterior building materials, treatments and colors and architectural elevations of all proposed buildings and a color rendering where necessary to determine the proposal's affect on the visual environment. Such plan shall also include the design of any freestanding signs.

(E)

Landscaping plan, showing the limits of work, existing tree lines as well as those tree lines to remain, and all proposed landscape features and improvements including screening, planting areas with size and type of stock for each shrub or tree, and including proposed erosion control measures during construction.

(F)

Lighting plan, showing the location and orientation of all existing and proposed exterior lighting, including building and ground lighting. The plan shall note the height, initial foot-candle readings on the ground and the types of fixtures to be used.

(G)

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.

5.8.5.2

The site plan shall be accompanied by a written statement indicating the estimated time required to complete the proposed project and any and all phases thereof. There shall be submitted a written estimate, showing in detail the costs of all site improvements planned.

5.8.5.3

A written summary of the contemplated projects shall be submitted with the site plan indicating, where appropriate, the number of dwelling units to be built and the acreage in residential use, the evidence of compliance with parking and off-street loading requirements, the forms of ownership contemplated for the property and a summary of the provisions of any ownership or maintenance thereof, identification of all land that will become common or public land or provide public access, and any other evidence necessary to indicate compliance with this ordinance.

5.8.5.4

The site plan shall be accompanied by drainage calculations by a registered professional engineer as well as wetland delineations, if applicable. Water utilities, sewer infrastructure and stormwater drainage shall be design to conform to Gloucester Subdivision Rules and Regulations and standards of the Department of Public Works.

5.8.5.5

Certification that the proposal is in compliance with the provisions, if applicable, of the Americans with Disabilities Act and the Massachusetts Architectural Barriers Board.

5.8.6 Waivers

The Planning Board may, upon written request of the applicant and recommendation by City department staff, waive any of the submittal or technical requirements of Section 5.8.5 where the project involves relatively simple development plans.

5.8.7 Review Guidelines and Approval

Site Plan approval shall be granted upon determination by the Planning Board that the plan meets the following objectives. The Planning Board may impose reasonable conditions at the expense of the applicant to promote these objectives. New building construction or other site alteration shall be designed in the Site Plan, after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points, and other aspects of the development, so as follows:

A)

A reasonable effort shall be made to conserve and protect natural features that are of some lasting benefit to the site, it environs and the community at large.

B)

Slopes, which exceed ten (10%) percent, shall be protected by appropriate measures against erosion, runoff, and unstable soil, trees and rocks. Measures shall be taken to stabilize the land surface from unnecessary disruption. Such stabilization measures shall be the responsibility of the property owner.

C)

The placement of buildings, structures, fences, lighting, signs, and fixtures on each site shall not interfere with traffic circulation, safety, appropriate use and enjoyment of adjacent properties. Adequate illumination shall be provided to parking lots and other areas for vehicular and pedestrian circulation. All illumination shall be directed and/or shielded so as not to shine beyond the perimeter of the site or interfere with traffic.

D)

All areas designed for vehicular use shall be paved with a minimum of either a three (3") inch bituminous asphalt concrete, a six (6") inch Portland cement concrete pavement, or other surface, such as brick, cobblestone or gravel, as approved by the Department of Public Works.

E)

All parking spaces shall be arranged and clearly marked in accordance with the design and layout standards contained in Section 4.14 of the Zoning Ordinance.

F)

All utility service transmission systems, including but not limited to water, sewer, natural gas, electrical and telephone lines, shall, whenever practicable, be placed underground.

G)

All surface water runoff from structures and impervious surfaces shall be disposed of on site; but in no case shall surface water drainage be across sidewalks or public or private ways. In no case shall surface water runoff be drained directly into wetlands or water bodies. Drainage systems shall be designed to minimize the discharge of pollutants by providing appropriately designed vegetated drainage channels and sedimentation basins that allow for adequate settling of suspended solids and maximum infiltration. Dry wells, leaching pits and other similar drainage structures may be used only where other methods are not practicable. Oil, grease, and sediments traps to facilitate removal of contaminants shall precede all such drainage structures. All calculations shall be for a one hundred (100) year storm. Drainage design shall be in accordance with Department of Public Works regulations as amended.

H)

In the MI district development proposals shall comply with the standards and requirements with regard to the placement and dimensions of structures as regulated by G.L. c.91 and 310 CMR 9.00 et seq.

I)

Pedestrian safety and vehicular safety to and from the site shall be maximized provided it does not interfere with the proposed use.

J)

Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places.

K)

Ensure compliance with the provisions of this Zoning Ordinance.

L)

Promote orderly and reasonable internal circulation within the site so as to protect public safety and not unreasonably interfere with access to a public way or circulation of pedestrian or vehicular traffic on a public way.

M)

Minimize and mitigate impacts of coastal flooding and future sea level rise to the property and surrounding areas.

5.8.8 Lapse

Site plan approval shall lapse after one year from the final approval if a substantial use in accordance with such approved plans has not commenced except for good cause. Such approval may, for good cause, be extended in writing by the Planning Board upon the written request of the applicant, within this one year period.

5.8.9 Regulations

The Planning Board may adopt, and from time to time amend, reasonable regulations for the administration of this Site Plan ordinance.

5.8.10 Fee

The Planning Board may, from time to time, adopt reasonable administrative fees and technical review fees for site plan review.

5.8.11 Appeal

Any person aggrieved by a decision of the Planning Board rendered pursuant to section 5.8 may appeal such decision to the Zoning Board of Appeals as provided in G.L. c. 40A section 8.

(Ord. of 3-30-2010(4); Ord. No. 2023-066, 3-6-2023; Ord. No. 2024-149, 10-1-2024)

Editor's note— Ord. of 3-30-2010(4), repealed § 5.8, in its entirety and enacted a new § 5.8 to read as set out herein. Former § 5.8 pertained to freight, transportation terminal facilities and was derived from original code.

5.9.1 Purpose

The cluster development is intended to accomplish all of the following:

(a)

Encourage the efficient and creative use of land in harmony with its natural features;

(b)

Minimize the consumption of open space by limiting the network of streets and utilities;

(c)

Preserve natural topography and wooded areas within developed areas;

(d)

Provide usable open space and, where appropriate, recreational facilities;

(e)

Preserve the visual character of the neighborhood;

(f)

Ensure high-quality design and site planning of developments to enhance the neighborhoods in which they occur and the city as a whole;

(g)

Preserve sites and structures of historical importance.

5.9.2 Applicability

The Planning Board may grant a special permit for a Cluster Development on a parcel of land of a size equivalent to five times the minimum lot size in the District, but no less than three acres of contiguous land not separated by a roadway or utility easement at the time of application, in the R-80, R-40, RC-40, R-30, R-20 and R-10 residential districts, subject to Section 5.11 and the following regulations and conditions.

5.9.3 Preliminary Cluster Development Plan

5.9.3.1 Submittal Requirements

To facilitate the review process, applicants are encouraged to submit a Preliminary Cluster Development Plan and application to the Planning Board. Such submittal shall include the following information:

(a)

A plan prepared in accordance with the requirements for a preliminary subdivision plan, as described in Section 3.1.2 and 3.1.3 of the Rules and Regulations Governing the Subdivision of Land in Gloucester, whether or not the development constitutes a subdivision, and shall include proposed location, bulk, and height of all proposed buildings and structures.

(b)

An evaluation of the open space proposed within the cluster, with respect to size, shape, location, natural resource value and accessibility by residents of the city or of the cluster.

5.9.3.2 Review By Other Boards

Upon its receipt of the Preliminary Cluster Development Plan, the Planning Board shall transmit one copy each to the Board of Health, Conservation Commission, Fire Department, and the Building Inspector for review and comment.

(a)

Review by Independent Consultants

The Planning Board should consider whether due to the complexity of the application, plans submitted, and specific subject matter expertise required to thoroughly review the application, retaining a third-party independent consultant, pursuant to G. L. c. 44, sec. 53G would facilitate the review process.

5.9.3.3 Approval or Disapproval

The Board shall act on the Preliminary Cluster Development Plan within forty-five (45) days of the date of submission. The Board may approve the Plan, with or without modification, or disapprove it, in accordance with section 3.1.4 of the Rules and Regulations Governing the Subdivision of Land in Gloucester.

5.9.4 Definitive Cluster Development Plan

5.9.4.1 Submittal Requirements

An applicant seeking approval of a Definitive Cluster Development shall submit a plan and application to the Planning Board. Such submittal shall include the following:

(a)

A plan prepared in accordance with the requirements for a definitive subdivision plan, as described in Section 3.2.2, 3.2.3, and 3.2.4 of the Rules and Regulations Governing the Subdivision of Land in Gloucester, whether or not the development constitutes a subdivision, and shall include proposed location, bulk, and height of all proposed buildings and structures.

(b)

An evaluation of the open space proposed within the cluster, with respect to size, shape, location, natural resource value and accessibility by residents of the city or of the cluster.

(c)

All materials required by Section 3.2.1 of the Rules and Regulations Governing the Subdivision of Land in Gloucester.

(d)

A program for the permanent maintenance of all open space.

(e)

A development schedule which, at minimum, describes the phases of construction, proposed commencement dates, and the anticipated completion date for all road and utility improvements.

5.9.4.2 Review By Board of Health

At the time of filing the Definitive Cluster Development Plan, the applicant shall also file two copies of the Plan with the Board of Health. In accordance with the requirements of Section 3.3 of the Rules and Regulations Governing the Subdivision of Land in Gloucester, the Board of Health shall, within 45 days of the Plan's filing, report to the Planning Board its approval or disapproval of the Plan.

5.9.4.3 Review By Other City Officials

The Planning Board shall transmit copies of the Definitive Cluster Development Plan to the Department of Public Works, Fire Department, Building Inspector, and the Conservation Commission, in accordance with section 3.4 of the Rules and Regulations Governing the Subdivision of Land in Gloucester.

5.9.4.4 Approval or Disapproval

The Board shall hold a public hearing and act on the Definitive Cluster Development Plan within ninety (90) days of the date of submission, or within one hundred thirty-five (135) days if such Plan did not properly evolve from a Preliminary Cluster Development Plan. The Board may approve the Plan, with or without modification, or disapprove it, in accordance with Sections 3.5 and 3.6 of the Rules and Regulations Governing the Subdivision of Land in Gloucester.

5.9.5 Design Criteria

(a)

The Planning Board, in order to grant a special permit for a Cluster Development, must find that the proposed design and layout of the development is superior to a conventional one in preserving open space for conservation and recreation; in preserving natural features of the land; and in allowing more efficient provision of streets, utilities and other public services.

(b)

In its consideration of a Cluster Development, the Planning Board shall give particular attention to, and shall use as a basis for its decision, all of the following:

1.

Lots, streets, off-street parking, sidewalks, pathways and buildings which achieve the harmonious integration of the proposed development with surrounding properties;

2.

The overall layout and design that achieves the best possible relationship between the proposed development and the land;

3.

Appropriately sized and configured open spaces for active or passive recreation;

4.

Protection of natural features such as streams, mature trees or clusters of trees, rock outcrops, bluffs, slopes, and historic or archeological features;

5.

Provision of access to open spaces for the physically handicapped, elderly, and children;

6.

Use of open spaces for preserving, enhancing, or providing scenic vistas;

7.

Preservation and protection of historic resources;

8.

Adequacy of provisions for public safety, protection from fire and flood, including projected impacts of future sea level rise; and maintenance of public facilities, streets, utilities, and open space.

5.9.6 Allowable Uses

A Cluster Development may include any residential use permitted in that zoning district. The Planning Board may grant special permits required for any such structures located in a Cluster Development. These structures may be situated on separate lots, or situated on a single lot together with open space. Lots created under this provision with more than one dwelling unit under separate ownership thereon shall be in compliance with applicable M.G.L. c. 183A, or with the charter and by-laws of a land trust whose purpose is the provision of affordable housing. Cluster Developments that do not involve the subdivision of land shall comply with all of the design criteria and improvement requirements of the Rules and Regulations Governing the Subdivision of Land in Gloucester, MA.

5.9.7 Development Density

(a)

The maximum number of dwelling units allowed in a Cluster Development shall be derived by dividing 90% of the Applicable Land Area by 90% of the required minimum lot area in that district. Applicable Land Area equals the total area encompassed by the Cluster Development, minus land defined as resource areas in Article 12 of the Gloucester Code of Ordinances, and minus land otherwise prohibited from development by other local ordinances or regulations which shall not include any portion of the buffer zone as defined in Article 12 of the Gloucester Code of Ordinances. Applicable Land Area shall be calculated by a registered land surveyor. Such density calculation shall not apply to approved Cluster Development Plans filed within seven (7) months prior to the adoption of this amendment.

(b)

Where the Cluster Development includes more than one ownership and/or lies in more than one district, the number of units allowed shall be calculated as above for each district and summed to give an overall allowable total, which may be located on the plan without respect to allowable subtotals by district or ownership areas.

5.9.8 Density Bonus

The Planning Board may authorize an increase in lots or dwelling units up to 20% above that allowed under Section 5.9.7 of this Ordinance, if either of the following conditions are met:

(a)

The applicant deeds to the city or restricts under a conservation restriction a portion of the Applicable Land Area, if that land is determined by the Planning Board to be of critical importance for the public good.

(b)

The applicant sets aside a portion of the dwelling units on the site as affordable units, as defined by Section 5.11.4 of this Ordinance. For each affordable unit the applicant shall receive a density bonus of one added lot or dwelling unit for each 1.5 permanently affordable dwelling units built.

5.9.9 Dimensional Requirements

(a)

The minimum size of lots in a Cluster Development shall be 10,000 square feet for a single or two-family house, and 20,000 square feet for a multi-family dwelling.

(b)

The Planning Board may waive up to fifty percent of the minimum requirements for frontage and/or yard requirements of each lot in the Cluster Development in order to achieve maximum open space area.

(c)

More than one single or two-family dwellings may be located on a lot in a Cluster Development, provided that the minimum lot area per dwelling unit is no less than 10,000 square feet.

(d)

Clusters of housing shall contain no more than ten single-family or two-family dwellings, and no more than four multi-family dwellings.

(e)

The minimum width of open space between clusters of dwellings, and between the Cluster Development and adjacent property, shall be fifty feet in each case.

(f)

Except as noted above, each lot in a Cluster Development shall comply with the dimensional requirements of the district within which it is located.

5.9.10 Common Open Space

(a)

Common open space is that land so designated by the applicant and approved by the Planning Board.

(b)

Common open space shall comprise not less than 30% of the Applicable Land Area within the Development Plan.

(c)

Such open space may be in one or more parcels of a size and shape appropriate for its intended use as determined by the Planning Board and shall be within easy access to its intended users.

(d)

Common open space land shall be used only for the following purposes:

1.

Conservancy in its natural, undisturbed state. At least fifty percent of the common open space must be used in this manner;

2.

grazing and agriculture;

3.

walking, horseback riding and/or bicycle riding;

4.

playing fields and courts;

5.

swimming pools and other recreational facilities and structures for the use of the owners of the building lots; or

6.

any combination of the above.

7.

structures and parking specifically for the maintenance and use of the open space, provided that they occupy no more than five percent of said open space.

(e)

The common open space shall be conveyed in one of the following ways, as approved by the Board:

1.

To a corporation or trust comprising a homeowners association whose membership includes the owners of all lots or units contained in the development. The developer shall include in the deed to owners of individual lots beneficial rights in said open land, and shall grant a conservation restriction to the city of Gloucester over such land to insure that it be kept in an open state and not be built upon for residential use or developed for accessory uses such as parking or roadways.

2.

To a non-profit organization, the principal purpose of which is the conservation of open space. The developer or non-profit organization shall grant a conservation restriction as set out above.

3.

To the city for park or open space use, subject to the approval of the City Council, for management by the Conservation Commission, with a trust clause insuring that it be maintained as open space.

(f)

The removal of material, including groundwater, minerals and trees over four inches basal diameter, except as necessary to comply with conditions of the Planning Board's approval, is prohibited.

5.9.11 Future Change

Any Cluster Development approved by the Planning Board under the provisions of this Section shall incorporate by reference the Cluster Development Plan and development schedule submitted by the developer with application. Minor amendments to such Cluster Development may be approved by the Planning Board, upon application and for good cause shown, but without necessity of public hearing; provided, however, that any of the following shall be considered a major amendment, and shall be acted upon only under the procedures applicable to the initial approval for a Cluster Development:

(a)

Reduction in the amount or change in the use of common open space, or any change in the general location of the common open space as provided in the permit; or

(b)

Any change in the general layout of the ways as provided in the permit; or

(c)

Any increase in the number of lots or dwelling units as provided in the permit; or

(d)

Altering the location of any building or structure by more than ten feet.

5.9.12 Changes Not Permitted

Lots and dwelling units created under this provision shall not be modified in any manner other than as indicated in Section 5.9.11.

(Adopted May 27, 1986; amended December 3, 1991; August 22, 2006; Ord. No. 2023-066, 3-6-2023; Ord. No. 2024-184, 11-12-2024)

5.10.1 Purpose of District

To promote the health, safety and welfare of the community by protecting and preserving the surface and groundwater resources of the City from any use of land or buildings which may reduce the quality of its water resources.

5.10.2 Scope of Authority

The Watershed Protection Overlay District is considered as overlaying other zoning districts. Uses not permitted in the portions of the districts so overlaid shall also be prohibited in this district.

This district does not limit the existing authority of the Conservation Commission pursuant to Section 40 of Chapter 131 of the General Laws and Article 12 of the Local Code of Ordinances.

5.10.3 Establishment and Definition of District

(a)

The Watershed Protection Overlay District includes all lands lying adjacent to water courses and surface water bodies which contribute to the city's water supply, and which create the catchment or drainage areas of such water courses and bodies, as part of their natural drainage system. The map defining the Watershed Protection Overlay District boundaries, entitled "Public Water Supply Watershed Boundary Maps, City of Gloucester" drawn at a scale of 1 inch to 100 feet, are hereby adopted by the City Council and are incorporated herein by reference and are on file in the City Planning Office.

(b)

Where the bounds delineated are in doubt or in dispute, the burden of proof shall be upon the owner of the land in question to show where they should properly be located. If the property owner can prove, to the satisfaction of the Planning Board, the Board of Health, and the City Engineer, that his property does not drain into the watershed of the public water supply, then this district shall not apply. At the request of the owner the city may engage a geologist, hydrologist or other qualified professional to determine more accurately the location and extent of a watershed or recharge area, and may charge the owner for all or part of the cost of the investigation.

5.10.4 Prohibited Uses

The following land uses, activities, devices, structures, and/or substances are prohibited within the Watershed Protection Overlay District:

(a)

Dry cleaning establishments.

(b)

Junk and salvage yards.

(c)

Car washes, except when located on public water and sewer.

(d)

Boat and motor vehicle service, storage and repair establishments.

(e)

Any industrial use that discharges processed wastewater.

(f)

Commercial removal or relocation of earth materials, including but not limited to sand, gravel, topsoil, metallic ores, or bedrock.

(g)

Any animal feedlots or pastures less than 5 acres in size lying within 100 feet of the center line of all brooks, streams and rivers or within 100 feet of the normal highwater line of lakes, ponds, marshes, swamps and bogs.

(h)

Landfills and the storage of salt and road de-icing chemicals.

(i)

The outdoor storage of fertilizers, herbicides, and pesticides and outdoor uncovered storage of manure.

(j)

Burial in any cemetery or other place within 100 feet of the high water mark of a course of public water supply or tributary thereto. Lands shall not be taken or used for cemetery purposes until a plan and sufficient description of the lands is presented to the DEQE and until such taking or use is expressly approved in writing by the DEQE.

(k)

The disposal of solid wastes other than brush or stumps.

(l)

The disposal of leachable wastes.

(m)

The dumping of snow contaminated by de-icing chemicals which is brought in from outside the district.

(n)

The storage or disposal of hazardous materials, as defined by the Hazardous Waste Regulations promulgated by the Hazardous Waste Board, and Water Resources Commission, and the Division of Water Pollution Control, except for the storage of chemicals for use associated with the operation of public water supply facilities.

(o)

The storage and/or sale of petroleum and other hydrocarbons other than that normally associated with residential use, except for the storage of fuel for use associated with the operation of public water supply facilities. Heating oil shall be stored within the buildings which it will heat. Underground storage of any petroleum product is expressly prohibited.

(p)

Any discharge of water which has been used for washing, cooking or otherwise altered and devices for the collection, storage and disposal of said wastes, unless that water is of household origin and is processed, prior to discharge, through a treatment system that satisfies the minimum requirements of the state environmental code, known as 310 CMR 15, Title V, or the regulations of the Gloucester Board of Health.

(q)

Privy, dry well, or other place for the collection, storage or disposal of human excrement that does not satisfy the minimum requirements of the state environmental code, known as 310 CMR 15, Title V, or the regulations of the Gloucester Board of Health.

(r)

Public or private hospital or other establishment intended for the treatment of persons afflicted with a contagious or infectious disease.

(s)

Hitching or standing place for horses, cattle or other animals.

(t)

Storage or disposal of any human excrement or compost containing human excrement, or any municipal, commercial or industrial refuse or waste product or polluting liquid or any substance which in the opinion of the Massachusetts DEQE is of a nature that is poisonous or injurious either to human beings or animals, or other putrescible organic matter whatsoever, at any place from which such liquid or substance may flow or be washed or carried into said source of water supply or tributary thereto.

(u)

Manufacturing or processing plant producing wastes which are toxic or injurious either to human beings or animals, unless the location thereof has been expressly approved in writing by the DEQE.

(v)

Any building or structure lying within 50 feet of the banks of all brooks, streams and rivers or within 50 feet from the normal highwater line of lakes, ponds, marshes, swamps and bogs.

5.10.5 Special Permit Uses

The Planning Board, under the authority of Section 3.4.2 of this ordinance, may allow the following uses within the Watershed Protection Overlay District, upon issuance of a special permit in accordance with Section 5.10.6 hereof and subject to any additional conditions the Board may impose.

(a)

Those business and industrial activities permitted in the underlying district and not specifically prohibited in Section 5.10.4 of this ordinance, provided that a plan to prevent compaction and siltation, loss of recharge, seepage from sewer pipes and contamination by oil, chemicals, nutrients, etc. is submitted and determined to be satisfactory.

(b)

The incidental removal of gravel, sand, loam or other earth material from new and existing excavations.

5.10.6 Procedures for Issuance of Special Permits

(a)

Each application for a special permit shall be filed with the Planning Board and shall be accompanied by 3 copies of the plan. In addition to submittal requirements listed in section 1.5.5, the following additional information should be provided:

i)

Provisions to control soil erosion and sedimentation, soil compaction, and to prevent seepage from sewer pipes.

ii)

Drainage recharge features and provisions to prevent loss of recharge.

iii)

Amount of impervious surface proposed for the lot.

(b)

Said application and plan shall be prepared in accordance with the data requirements of the proposed development (e.g., site plan review, erosion and sedimentation control plan, etc.).

(c)

The Planning Board shall refer copies of the application to the Board of Health, the Conservation Commission and the City Engineer, which shall review, either jointly or separately, the application and shall submit their recommendation to the Planning Board within 35 days of the referral of the application.

(d)

The Planning Board shall hold a hearing, in conformity with the provision MGL Chapter 40A Section 9, within 65 days after the filing of the application, in accordance with the procedures defined in section 1.5.

Notice of the public hearing shall be given by publication and posting and by first-class mailings to "parties in interest" as defined in MGL Chapter 40A, Section 11. The decision of the Planning Board and any extension, modification or renewal thereof, shall be filed with the Planning Board and City Clerk within 90 days following the closing of the public hearing. Failure of the Board to act within 90 days shall be deemed a granting of the permit. However, no work shall commence until a certification is recorded as required by Section 11.

(e)

After notice and public hearing, and after due consideration of the reports and recommendations of the Board of Health, the Conservation Commission, and the City Engineer, the Planning Board may grant a special permit provided that it finds that the proposed use is consistent with the criteria set forth in 1.8.3 and further meets the following criteria:

i)

is consistent with the purpose and intent of this ordinance;

ii)

is appropriate to the natural topography, soils, and other characteristics of the site to be developed;

iii)

will not have a significant adverse effect, during construction or thereafter, on the existing or potential quality or quantity of water that is available in the Water Supply Protection District, and;

iv)

is designed to avoid substantial disturbance of the soils, topography, drainage, vegetation and other water-related natural characteristics of the site to be developed.

5.10.7 Application of Fertilizers, Pesticides and Herbicides

For any use involving the application of fertilizers, pesticides, or herbicides, the applicant must obtain a report from the Board of Health Agent stating that all necessary precautions shall be taken to prevent hazardous concentrations of pesticides in the water and on the land within the district as a result of such application and submit it to the permit granting authority. Such precautions include, but are not limited to, erosion control techniques, the control of runoff water (or the use of pesticides having low solubility in water), the prevention of volatilization and redeposition of pesticides and the lateral displacement (i.e. wind drift) of pesticides. The application of fertilizers for non-domestic or non-agricultural uses will be approved only if the applicant can prove that such application shall be made in such manner as to minimize adverse impacts on surface and groundwater due to nutrient transport and deposition and sedimentation.

(Adopted January 10, 1989)

5.11.1. Purpose

The purposes of this section are:

(1)

To increase the supply of housing that is available to and affordable for low-income and very low-income households;

(2)

To encourage greater diversity of housing in Gloucester; and

(3)

To develop and maintain housing that is eligible for inclusion in the Chapter 40B Subsidized Housing Inventory.

5.11.2. Definitions

Affordable housing trust fund ("fund"): An account established and operated by the City's Affordable Housing Trust for the exclusive purpose of creating, preserving, or rehabilitating affordable housing units in the City of Gloucester.

Affordable housing (affordable unit): A dwelling unit that is affordable to and occupied by a low-income or very-low-income household and meets the requirements for inclusion on the Massachusetts Department of Housing and Community Development (DHCD) Chapter 40B Subsidized Housing Inventory (SHI). Affordable units shall remain as affordable units in perpetuity or for the maximum period allowed by law. Such units shall have the same construction methods and exterior physical characteristics as, and be intermingled with, other units in the development.

Affordable housing restriction: A contract, mortgage agreement, deed restriction or other legal instrument, acceptable in form and substance to the City, that effectively restricts occupancy of an affordable housing unit to a qualified purchaser or renter, and which provides for administration, monitoring, and enforcement of the restriction during the term of affordability. An affordable housing restriction shall run with the land in perpetuity or for the maximum period allowed by law and be entered into and enforceable under the provisions of G.L. c. 184, §§ 31-33 or other equivalent state law.

Local action unit (LAU): An affordable unit determined by DHCD to be eligible for the Chapter 40B Subsidized Housing Inventory under the guidelines of the Local Initiative Program (LIP).

Low-income household: A household with income that does not exceed 80 percent of the area median family income, adjusted for household size, for the metropolitan area that includes the City of Gloucester as determined by the United States Department of Housing and Urban Development (HUD). Unless stated otherwise, the income of Low-Income Household shall have the same meaning as SHI Income Limit.

Maximum affordable sale price or rent: The maximum sale price or rent of an affordable unit that conforms to the guidelines of the Massachusetts Local Initiative Program (LIP).

Qualified housing unit sale price: As determined by the Gloucester Assessor for arm's length sales.

Very-low-income household: A household with income that does not exceed the Multifamily Tax Subsidy Project 60 Percent Income Limits (MTSP) adjusted for household size, for the metropolitan area that includes the City of Gloucester as determined by the United States Department of Housing and Urban Development (HUD).

5.11.3. Applicability

(1)

The requirements of this Section 5.11 shall apply to any application for residential development, mixed-use development or use variance for the addition of one or more residential units, that results in a development with 6 or more dwelling units, on any parcel or contiguous parcels comprising a proposed development site in R-80, R-40, RC-40, R-30, R-20, R-10, R-5, CB, CCD, NB, VB, Multi-family Overlay District (MFOD) districts;

(2)

Development shall not be segmented to avoid compliance with this article. Segmentation shall mean one or more development applications for the addition of one or more residential units, that results in 6 or more lots or dwelling units above the number existing 36 months prior to an application to develop any parcel or set of contiguous parcels held in common ownership or under common control on or after the effective date of this Section 5.11.

(3)

Exemptions. This Section 5.11 shall not apply to the following:

(a)

An Assisted Living Residence (see Section 5.14),

(b)

A transitional housing residence or group home for adults with disabilities,

(c)

Rehabilitation of a building or structure all of or substantially all of which is destroyed or damaged by fire or other casualty. However, any rehabilitation or repair that increases the number of units, bulk, or size of such building or structure above that which existed prior to the damage or destruction thereof shall comply with this article.

5.11.4. Basic requirements

(1)

In any development application for the addition of one or more residential units, that results in a development with 6 to 9 units, the applicant shall provide for one affordable unit, either by:

(a)

Building an affordable unit on-site, or

(b)

Paying a fee in lieu of the affordable unit to the Affordable Housing Trust Fund, to be determined in accordance with Section 5.11.5.

(2)

In any development application for the addition of one or more residential units, that results in a development with 10 or more units, the applicant shall provide affordable units to be located on the site of the development ("on-site affordable units") as follows:

(a)

At least 15 percent of the units shall be affordable for Low-Income Households, or

(b)

At least 10 percent of the units shall be affordable for Very-Low-Income households.

(c)

Fractions shall be rounded up to the next whole number.

(3)

For developments with on-site affordable units, the affordable unit(s) shall be dispersed throughout the site and shall be indistinguishable on the exterior and the interior from market rate units. The number of bedrooms in the affordable unit(s) shall be comparable to the number of bedrooms in the market-rate units.

(4)

The selection of qualified purchasers or qualified renters shall be carried out under an affirmative fair housing marketing plan in a form acceptable to the Community Development Department and DHCD.

5.11.5. Housing contribution payments in lieu of on-site units

(1)

The fee in lieu shall be equal to the median of qualified housing unit sale prices in Gloucester over the three years preceding the date of the application as determined and defined by the City of Gloucester Assessors Office.

(2)

The total amount due shall be paid to the City of Gloucester Affordable Housing Trust in accordance with the schedule in Section 5.11.8(3).

5.11.6. Administration

(1)

The Community Development Department shall be responsible for administering this Section 5.11.

(2)

The Planning Board shall adopt and may periodically amend rules and regulations to administer this Section 5.11 and file the same with the City Clerk.

5.11.7. Submission requirements and procedures

(1)

Prior to applying for a building permit, the applicant shall submit the following to the Community Development Department:

(a)

A Project Information Sheet in the form provided by the Planning Department, including documentation that the proposed sale prices or rents of affordable units have been determined using the applicable SHI Income Limits or Multifamily Tax Subsidy Projects Income Limits and the Maximum Affordable Sale price or Rent;

(b)

The proposed Affordable Housing Restriction for the affordable units;

(c)

For homeownership units, the condominium master deed; and

(d)

The proposed affirmative fair housing marketing plan for the affordable units.

5.11.8. Building permit and occupancy conditions

(1)

The Building Inspector shall not issue a building permit for any unit in a development that is subject to this Section 5.11 unless and until the Community Development Department has verified that all requirements of this Section have been met.

(2)

No certificate of occupancy shall be issued for any affordable unit in a development that is subject to this article until an affordable housing restriction has been executed and recorded with the Essex Registry of Deeds or, if applicable, any required fee in lieu of units has been paid to the Affordable Housing Trust.

(3)

Timing of affordable unit production: Affordable housing units shall be provided in proportion to market-rate units in the development, but in no event shall the construction of affordable onsite units or payment of fees in lieu of units be delayed beyond the following schedule:

(Ord. No. 2021-035, 3-9-2021; Ord. No. 2022-122, 8-9-2022; Ord. No. 2024-149, 10-1-2024)

All principal uses permitted in the BP Business Park District shall conform to the design standards described in the subsections below.

5.12.1 Open Space

To maintain the function, safety and aesthetics of parking areas and building development within the district, a minimum of ten (10) percent of each lot shall be maintained as open space. Such open space areas may include suitability landscaped areas, areas left in their natural state, planting areas within or adjacent to parking and loading areas, pedestrian walkways and exterior recreation areas.

5.12.2 Landscaping Around Buildings

For all buildings constructed after April 1, 1993, a five (5) foot wide landscaped foundation planting shall be provided at the base of not less than fifty (50) percent of the length of the building wall facing the way upon which it has its frontage.

5.12.3 Buffer Zone

A seventy-five (75) foot buffer zone shall be provided from the lot line of any lot that abuts or is partially within the residential district. No structures, parking, or paved areas shall be allowed within the buffer zone.

5.13.1 Purposes

5.13.1.1

To appropriately promote Wireless Communications Facilities in accordance with federal law, including the Federal Telecommunications Act of 1996, while also regulating Wireless Communications Facilities in a manner that protects the character of the City and its scenic, historic, and natural resources.

5.13.1.2

To establish requirements for approval of Wireless Communications Facilities and standards for their design, placement, safety, monitoring, modification and removal.

5.13.2 Applicability

This section applies to all new Wireless Communications Facilities and modifications to existing or previously-approved Wireless Communications Facilities — except noncommercial amateur radio antennas.

5.13.3 Definitions

Antenna

A transmitter device designed to transmit and/or receive radio frequency signals.

Base Station

A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a Tower as defined herein or any equipment associated with a Tower. Base Station includes, without limitation:

i.

Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

ii.

Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including DAS and small-cell networks).

iii.

Any structure other than a Tower that, at the time the relevant application is filed under this section, supports or houses equipment described in paragraphs (i)-(ii) of this definition that has previously been reviewed and approved under the applicable zoning or siting process, even if the structure was not built for the sole or primary purpose of providing that support.

The term Base Station does not include any structure that, at the time the relevant application is filed under this section, does not support or house equipment described in (i) — (ii) of this definition.

Collocation

The mounting or installation of transmission equipment on an Eligible Support Structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.

Distributed Antenna System (DAS)

A multiple antenna system including antennas and control boxes typically installed on utility poles interconnected via cable or fibers belonging to the access point/base station dispersed across a coverage area.

FCC

The Federal Communications Commission.

Host Structure

Any building or structure other than a Tower, but including utility poles and signs, on or within which a new Wireless Communications Facility or modification thereof is proposed, including, without limitation, any newly constructed building or structure or any addition to any existing building or structure on or within which installation of a Wireless Communications Facility is simultaneously proposed.

Monopole

A single self-supporting Tower, tubular in design, enclosing cables within the tubular structure and designed so it does not require braces or guy wires for support and stability.

Significant Gap

A Coverage Gap in a carrier's wireless service network within a specific geographic area shall be considered to be a "Significant Gap" if such specific identified geographic area is so large in physical size and/or affects or is predicted to affect such a large number of remote users of Compatible User Service Devices as to fairly and reasonably be considered "significant" as opposed to merely being a small "dead spot". In determining whether or not a particular Carrier's Coverage Gap is significant, a relatively small or modest geographic area may be considered a "Significant Gap" if such geographic area is densely populated or is frequently used by a large number of persons for active recreational or similar purposes who are, or are predicted to be, remote users of Compatible User Service Devices, and/or such geographic area straddles one or more public highways or commuter rail lines regularly traveled, or predicted to be traveled, by remote users of Compatible User Service Devices, while a larger geographic area may be considered not to be a "Significant Gap" if such geographic area does not straddle any public highways or rail lines and/or is sparsely populated. Whether or not a Significant Gap exists is to be determined separately for each Carrier's Personal Wireless Services network.

Site

For Towers other than Towers in the public rights-of-way, the boundaries of the leased or owned property surrounding the Tower and any access or utility easements currently related to the site, and, for other Eligible Support Structures, further restricted to that area in proximity to the structure and to other Transmission Equipment already deployed on the ground.

Transmission Equipment

Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply.

Wireless Communications Facility (or Facility)

A facility for the transmission of any FCC-licensed or authorized wireless communication signals (but not including noncommercial amateur radio facilities). A Wireless Communication Facility shall include the Transmission Equipment and associated equipment, any Tower or other structure designed or used primarily to support or elevate such equipment, and any accessory structure, building or fenced compound used to shelter the equipment. In context, Facility may refer individually to one provider's installation or collectively to the aggregate of all installations of all providers providing wireless communications services at a common Site.

Wireless Communication Tower (or Tower)

Any structure greater than 15 feet in height mounted on the ground or on another structure built for the sole or primary purpose of supporting any FCC-licensed or authorized Transmission Equipment.

5.13.4 Required Review and Approvals

5.13.4.1

Facilities Allowed by Right: Wireless Communications Facilities meeting the following criteria shall be allowed by right, subject to issuance of a Building Permit and the applicant's filing with the building permit application a certification by a qualified engineer or professional that the Facility will comply with all applicable requirements and standards of the FCC and Massachusetts Department of Public Health ("DPH") related to radiofrequency electromagnetic fields and will not exceed the maximum permissible exposure ("MPE") levels deemed safe by the FCC:

(a)

Concealed Facilities in All Zoning Districts: A "Concealed Facility" is a Wireless Communications Facility that is entirely contained within architectural features of a building or structure that is occupied or used primarily for other purposes, such that no part of the Facility is visible from the exterior of the structure. New architectural features, such as a cupola or other appurtenance, may be added to a building or structure to conceal a Wireless Communications Facility so long as such new architectural feature would otherwise be allowed under this Ordinance. Antennas and other components of a Facility situated on or within a Tower shall not be deemed concealed.

(b)

Camouflaged Facilities in the General Industrial, Marine Industrial and Business Park Zoning Districts: A Camouflaged Facility is a Wireless Communications Facility that is disguised, shielded, hidden, or made to appear as an architectural component of an existing or proposed building or structure the use of which is otherwise permitted under this Ordinance. A Wireless Communications Facility attached to an existing building or structure shall not be deemed camouflaged if (a) it extends vertically more than 10 feet above the height of the building or structure or horizontally more than 6 feet beyond the face of any exterior side wall or the exterior of any surface of a structure with no side walls, or (2) any visible Antennas exceed 3' in diameter or 12' in height. Antennas and other components of a Facility situated on or within a Tower shall not be deemed camouflaged.

(c)

Facilities mounted on existing buildings (including roof- and side-mounted) or on other existing Host Structures in the General Industrial and Business Park Zoning Districts — provided the Facility does not project vertically more than 15 feet above the height of the existing Building or Host Structure or project horizontally more than 6 feet beyond the face of any exterior side or the exterior surface of a structure with no side walls and any visible Antennas do not exceed 3' in diameter or 15' in height.

(d)

Eligible Facilities Requests: Modifications to existing Towers or Base Stations that qualify as "Eligible Facilities Requests," as determined in writing by the Inspector of Buildings pursuant to Section 5.13.8, below.

(e)

Home television or internet access antenna.

(f)

Medical Facilities for transmittal of clinical medical information.

(g)

Public Safety Facilities — Being Towers, Antennas and related equipment installed and used by a federal, state or City agency or entity for emergency preparedness and public safety purposes, such as police, fire and ambulance services.

5.13.4.2

Facilities and Modifications Allowed by Planning Board Special Permit

The following Facilities shall be allowed by Special Permit from the Planning Board:

(a)

Facilities Mounted on Buildings or other Host Structures — Except that such Facilities allowed by right under Section 5.13.4.1 shall not require a special permit hereunder.

(b)

DAS or similar small-cell antenna systems.

(c)

Collocations or modifications to Facilities or Base Stations other than Towers or Facilities mounted on Towers — Except that a collocation or modification shall not require a special permit hereunder if (1) it is already expressly authorized by a previously-issued special permit for the existing Facility or Base Station, or (2) it qualifies as an "Eligible Facilities Request," as determined in writing by the Inspector of Buildings pursuant to Section 5.13.8, below.

5.13.4.3

Facilities or Modifications Allowed by City Council Special Permit (CCS)

The following Facilities shall be allowed only by Special Permit from the City Council:

(a)

Wireless Communications Facilities mounted on a New Tower.

(b)

Collocations or modifications to Facilities on existing Towers or Towers previously approved by a City Council special permit — Except that a collocation or modification shall not require a special permit hereunder if (1) it is already expressly authorized by a previously-issued special permit for the existing Tower, or (2) it qualifies as an "Eligible Facilities Request," as determined in writing by the Inspector of Buildings pursuant to Section 5.13.8, below.

(c)

Any other Wireless Communications Facility for which a different review process is not specified within this Section 5.13.

5.13.4.4

Eligible Facilities Requests Allowed by Administrative Review

An "Eligible Facilities Request" for collocation or other modification of an existing Tower or Base Station shall be reviewed and approved pursuant to the review procedures set forth in Section 5.13.8, below.

5.13.5 Planning Board Special Permit Review

5.13.5.1

Application Requirements

5.13.5.1.1.

In General: All applications to the Planning Board for a special permit for a Wireless Communications Facility shall be submitted and reviewed in accordance with Section 1.5, as applicable to a PB special permit, and the requirements of this Section 5.13.5.

5.13.5.1.2.

Application Materials: Each application shall include the following information:

(a)

Application Form.

(b)

Application Fee. An application fee as set by the City Council and amended from time to time, as set forth in Appendix B, Schedule of Fees under the City of Gloucester Zoning Ordinance.

(c)

Narrative: A narrative description of the proposed Facility or modification, along with photographs, brochures or other graphic illustrations reasonably depicting the physical appearance of the proposed components.

(d)

Plans: Plans as required for a Planning Board special permit under Section 1.5 and including the following additional details:

•  ;hg;the location and dimensions of all components of the proposed Facility;

•  ;hg;color of those portions of the Facility that will be visible to the public; and

•  ;hg;all buildings and structures on adjacent lots.

(e)

Visual Aids. Visual aids to facilitate the Board's and public's understanding of the visual impact of the proposed Facility or modification, including, to the extent relevant to the proposed Facility or modification, photographs of existing conditions and visual depictions or simulations of the proposed Facility.

(f)

RF Report: A report describing in geographical and radio frequency terms the coverage need to be addressed by the proposed Facility and how the proposed Facility addresses that need.

(g)

MPE Certification: Certification by a qualified engineer or professional that the Facility will comply with all applicable requirements and standards of the FCC and Massachusetts Department of Public Health related to environmental radiofrequency electromagnetic fields and will not exceed the MPE levels deemed safe by the FCC.

(h)

Other Relevant Materials: Plans and other information pertaining to the installation or construction of the Facility adequate to show compliance with the provisions of this Ordinance and to support the Mandatory Findings identified below.

(i)

Section 6409(a) Analysis: Analyses and documentation of potential future maximum height, width and other additions of any potential new Facility that may qualify for approval under Section 5.13.8 Eligible Facilities.

(j)

Additional Requested Information: Such additional information as the Planning Board may require.

5.13.5.1.3.

Waivers: The Planning Board may waive any of the above application requirements if it determines the information is not relevant or important to its review of the particular proposal.

5.13.5.2

Independent Peer Review

The Planning Board may at any time assess fees against the applicant for the purpose of employing an independent consultant to evaluate any aspect of the proposed facility, including current service coverage.

5.13.5.3

Design Guidelines

5.13.5.3.1.

Wireless Communications Facilities mounted on buildings or other Host Structures shall be designed in a manner that is sensitive to abutting properties and the surrounding area.

5.13.5.3.2.

Antennas mounted on the façade of a building shall not extend above the façade of any wall or exterior surface of the building.

5.13.5.3.3.

Antennas mounted on the roof of a building or on another Host Structure should not project vertically more than 15 feet above the height of the building or project horizontally more than 6 feet beyond the face of any exterior side or the exterior surface of a structure with no side walls, and any visible Antennas should not exceed 3' in diameter or 15' in height — unless the Planning Board determines that deviation from these guidelines is in the public interest and will not result in a substantially greater impact to abutters.

5.13.5.3.4.

Antennas installed on utility poles as part of a DAS should not exceed ten feet in height beyond the highest point of such utility pole or sign — unless the Planning Board determines that deviation from this guideline is in the public interest and will not result in a substantially greater impact to abutters.

5.13.5.3.5.

Any Facility located on or within an historic building or structure shall not alter the character-defining features, distinctive construction methods, or original historic materials of the building or structure.

5.13.5.3.6.

All Facilities and their equipment shelters shall comply with the principal building setback provisions of the zoning district in which the Facility is located, unless the Planning Board determines that a lesser setback is in the public interest and will not result in a substantially greater impact to abutters.

5.13.5.3.7.

A Facility shall not generate noise in excess of 50 decibels at the Site boundary as measured at ground level.

5.13.5.4

Mandatory Findings

The Planning Board shall not issue a special permit under this section unless it finds that the proposed Facility:

(a)

meets the special permit granting standard of Section 1.8.3, "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";

(b)

is designed in the most community-compatible method practicable and is either necessary to provide service to a Significant Gap or otherwise desirable and in the public interest to provide improved wireless communications services in the City;

(c)

is sited and designed to be suitably screened;

(d)

is colored so that it will, as much as possible, blend with or be compatible with its surroundings; and

(e)

complies with all applicable requirements of this Ordinance.

5.13.5.5

Special Permit Conditions

The Planning Board may impose such conditions in any special permit issued hereunder that it determines to be appropriate or necessary to protect the safety and welfare of the City and to mitigate the visual impact of any proposed Facility. Such conditions may relate to, but shall not be limited to, the following:

(a)

Appearance, including color, style and materials,

(b)

The type and dimensions of any fencing surrounding all or part of the Facility;

(c)

Landscaping or other screening requirements at and around the Facility;

(d)

Contents and dimensions of any permitted signs;

(e)

Noise controls or limitations to ensure compliance with noise standards and to otherwise prevent unreasonably noise disturbance to residents surrounding the Facility;

(f)

Limits as to the permissible height of any component of the Facility;

(g)

Provisions to assure adequate lighting and lighting that is not intrusive to neighbors;

(h)

Safety provisions to guard against damage to persons or property in the event of a collapse or structure failure of any component of the Facility;

(i)

Provisions for the removal of the Facility upon abandonment or expiration of the special permit, including without limitation a bond or other surety. Such bond or other surety shall be maintained throughout the period of construction, location, operation and use of the subject Facility; the Building inspector shall receive 30 days prior written notice of any cancellation, non-renewal or material amendment of such bond or other surety; and

(j)

Whether any colocations or potential future modifications are being pre-approved, and if so, the terms and conditions of any such co-location pre-approval.

5.13.6 City Council Special Permit Review

5.13.6.1

Application Requirements

5.13.6.1.1.

In General: All applications to the City Council for a special permit for a Wireless Communications Facility or modification to a Wireless Communications Facility shall be submitted and reviewed in accordance with Section 1.5, as applicable to CCS special permits, and the requirements of this Section 5.13.6.

5.13.6.1.2.

Application Materials: Each application shall include the following information:

(a)

Application Form.

(b)

Application Fee. An application fee as set by the City Council and amended from time to time, as set forth in Appendix B, Schedule of Fees under the City of Gloucester Zoning Ordinance.

(c)

Plans: Plans as required for a City Council special permit under Section 1.5 and including the following additional details:

•  the location and dimensions of all components of the proposed Facility;

•  color of those portions of the Facility that will be visible to the public;

•  all buildings and structures on adjacent lots; and

•  for proposed new Towers, (1) the fall-zone boundaries for 100% and 150% of the proposed Tower height, and (2) all buildings and structures within 300 feet of the proposed Tower.

(d)

Narrative, Visual Aids, RF Report and MPE Certification — as specified in connection with Planning Board Special Permit proceedings in Section 5.13.5.1.2(c), (e), (f) and (g), above.

(e)

Existing Facilities Map: For any proposed collocation or new Facility, a map showing all other existing and proposed Wireless Service Facilities in the City and outside the City within one mile of its corporate limits.

(f)

NEPA/NHPA Documents: A statement as to whether an Environmental Assessment (EA), a Draft Environmental Impact Statement (DEIS) or Environmental Impact Statement (EIS) is or will be required under the National Environmental Protection Act or the National Historic Preservation Act, and if so, a copy of any such EA, DEIS, or EIS (if available).

(g)

Alternatives Analysis: For any proposed new Tower, a statement describing all alternatives considered by the applicant to address the Significant Gap, including use of existing Facilities or structures and any alternative technologies (for example, DAS or other small cell technologies), and the reason(s) such alternatives are not being proposed.

(h)

Other Relevant Materials: Plans and other information pertaining to the installation or construction of the Facility adequate to show compliance with the provisions of this Ordinance and to support the Mandatory Findings identified below.

(i)

Section 6409(a) Analysis: Analyses and documentation of potential future maximum height, width and other additions of any potential new Facility that may qualify for approval under Section 5.13.8.

(j)

Additional Requested Information: Such additional information as the City Council may require.

5.13.6.1.3.

Waivers: The City Council may waive any of the above application requirements if it determines the information is not relevant or important to its review of the particular proposal.

5.13.6.2

Independent Peer Review

The City Council may at any time assess fees against the applicant for the purpose of employing an independent consultant to evaluate any aspect of the proposed Facility, including current service coverage.

5.13.6.3

Balloon or Crane Tests

If requested by the City Council, the applicant shall conduct a balloon or crane test, or such other reasonable equivalent, of the height of the proposed free standing facility. The applicant shall provide at least 48 hours written notice of said test to the City Council and to all abutters and persons required by state law to be notified of a public hearing. The applicant shall also submit to the City Council a photographic representation from a suitable number of locations, as directed by the City Council, so as to depict the visual impact of the proposed facility on the surrounding area.

5.13.6.4

City Council's Waiver Authority to Avoid Violation of Federal Law

The City Council, under its special permit granting authority and pursuant to federal law, may waive one or more requirements of this Section 5.13 and its subsections, including dimensional requirements, where the City Council finds that the relief is necessary to avoid a violation of federal law (for example, to avoid an unlawful prohibition of Wireless Communications Facilities in the City or to avoid unreasonable discrimination among providers of functionally equivalent services).

5.13.6.5

Location and Design Standards

5.13.6.5.1.

New lattice style Towers and similar tower structures requiring more than one leg or guy wires for support are prohibited.

5.13.6.5.2.

Any Facility located on or within an historic building or structure shall not alter the character-defining features, distinctive construction methods, or original historic materials of the building or structure.

5.13.6.5.3.

Setback Requirements:

(a)

All Facilities and their equipment shelters shall comply with the principal building setback provisions of the zoning district in which the facility is located, unless the City Council finds that allowing a lesser setback would be in the public interest.

(b)

All Towers shall be set back at least 50' from the boundary lines of the Site and at least 150% of the Tower height from any existing daycare centers and any dwelling units, except dwelling units located on the subject Site.

5.13.6.5.4.

A Tower shall not exceed 175 feet in height above ground level or a height that requires illumination at night under Federal Aviation Administration or Massachusetts Aeronautics Commission regulations, whichever is less.

5.13.6.5.5.

A Facility shall not generate noise in excess of 50 decibels at the Site boundary as measured at ground level.

5.13.6.6

Mandatory Findings

The City Council shall not issue a special permit under this section unless it makes the "Mandatory Findings" as specified for Planning Board Special Permits under Section 5.13.5.4 and additionally, for any Facilities proposed to be located on a new Tower, that the proposed Facility:

(a)

cannot for technical or physical reasons be located on an existing Tower, building or Host Structure that would be expected to provide comparable service coverage; such alternative existing location or locations need not provide full service to the entire Significant Gap if, in the determination of the City Council, the remaining Gap to have been served by the proposed Facility is not Significant and/or if remaining portions of the Significant Gap can be served by new Facilities preferred by the City Council; and

(b)

cannot be located at any other practicably available site that is less objectionable to the general public due to technical requirements, topography, or other unique circumstances; the applicant shall have the burden of showing what alternative sites and technologies it considered and why such sites and technologies are not practicably available.

5.13.6.7

Special Permit Conditions

5.13.6.7.1.

The City Council may impose such conditions in any special permit issued hereunder that it determines to be appropriate or necessary to protect the safety and welfare of the City and to mitigate the visual impact of any proposed Facility. Such conditions may include, but shall not be limited to, the following:

(a)

Conditions as authorized for Planning Board Special Permits under Section 5.13.5.5, above;

(b)

Conditions related to potential future co-location of additional Facilities, including a condition requiring a new Tower to be constructed such that it can be extended in the future to accommodate additional Facilities.

5.13.7 General Requirements Applicable to All Facilities

5.13.7.1

Removal After Cessation: All structures, equipment, utilities and other improvements associated with a Wireless Communications Facilities shall be removed within one year after cessation of use.

5.13.7.2

Term of Special Permit: Unless the Special Permit provides a different term, a Special Permit issued by the Planning Board or City Council under this Section 5.13 shall be valid for 25 years.

5.13.7.3

Insurance and Indemnity: The owner and/or operator of a Wireless Communications Facility shall insure the Facility at all times against damage to persons and property of others, and shall defend and indemnify the City against any and all damages and claims incurred by or asserted against the City relating in any way to the Wireless Communications Facility.

5.13.7.4

Compliance with Laws: All Wireless Communications Facilities shall be constructed, operated, and maintained in compliance with all applicable local, state and federal laws and regulations.

5.13.8 Eligible Facilities Request — Administrative Review and Determination

5.13.8.1

Purpose: This section implements Section 6409(a) of the Spectrum Act (codified at 47 U.S.C. 1455) and the related rules of the FCC. Pursuant to Section 6409(a), the City "may not deny, and shall approve, any eligible facilities request for a modification of an existing wireless tower or base station that does not substantially change the physical dimensions of such tower or base station."

5.13.8.2

Definitions:

Eligible Facilities Request

Any request for modification of an "Eligible Support Structure" that does not result in a "Substantial Change" to the physical dimensions of such Eligible Support Structure, involving:

i.

Collocation of new Transmission Equipment;

ii.

Removal of Transmission Equipment; or

iii.

Replacement of Transmission equipment.

Eligible Support Structure (or "Existing Tower or Base Station")

Any Tower or Base Station that, at the time an application is filed under this section, has been reviewed and approved by the City under the applicable zoning process or constitutes a lawfully pre-existing nonconforming structure under Section 2.4.

Substantial Change

A modification substantially changes the physical dimensions of an Eligible Support Structure if it meets any of the following criteria:

i.

For Towers other than Towers in the public rights-of-way, it increases the height of the Tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater;

ii.

For other Eligible Support Structures, it increases the height of the structure by more than 10% or more than 10 feet, whichever is greater;

iii.

For Towers other than Towers in the public rights-of-way, it involves adding an appurtenance to the body of the Tower that would protrude from the edge of the Tower more than 20 feet, or more than the width of the Tower structure at the level of the appurtenance, whichever is greater;

iv.

For other Eligible Support Structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than 6 feet;

v.

For any Eligible Support Structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;

vi.

For Towers in the public rights-of-way and Eligible Support Structures, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure;

vii.

It entails any excavation or deployment outside the current site;

viii.

It would defeat the concealment elements of the Eligible Support Structure; or

ix.

It does not comply with conditions associated with the siting approval of the construction or modification of the Eligible Support Structure or base station equipment, provided, however, that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in paragraphs (i) — (vi) of this subsection.

Cumulative Changes Considered: All changes noted above shall be measured from the height of the original Tower or Eligible Support Structure, inclusive of approved appurtenances and any modifications approved prior to passage of the Spectrum Act on February 22, 2012.

5.13.8.3

Application Contents

5.13.8.3.1.

Required Materials: All Eligible Facilities Request applications must include the following items:

(a)

Application Form.

(b)

Application Fee. An application fee as set by the City Council and amended from time to time, as set forth in Appendix B, Schedule of Fees under the City of Gloucester Zoning Ordinance.

(c)

Plans. Plans as required for a City Council special permit under Section 5.13 and including, among other details, the location, details and relevant dimensions of the existing Facility and proposed modified Facility.

(d)

Visual Aids. Visual aids that include, to the extent relevant to the proposed modification, photographs of the existing Facility, visual simulations showing before-and-after construction conditions, including any proposed screening, and other visual aids representing proposed visual changes to the existing conditions.

(e)

Narrative Statement. A written statement (i) describing the proposed modification and related construction work, (ii) identifying any previous modifications to the Facility implemented pursuant to this section or Section 6409(a), and (3) explaining how the Tower or Base Station qualifies as an Eligible Support Structure and how the proposed modification otherwise qualifies as an Eligible Facilities Request.

(f)

Prior Permits/Approvals. Copies of all previously-issued local permits and approvals for the existing Facility.

(g)

MPE Compliance Certification: Certification by a qualified engineer or professional that the Facility will comply with all applicable requirements and standards of the FCC and Massachusetts Department of Public Health related to environmental radiofrequency electromagnetic fields and will not exceed the MPE levels deemed safe by the FCC.

(h)

Noise Study: If the collocation or modification involves any new noise-generating components within 50' of any occupied buildings, except those on the subject Site, a noise study, prepared, signed, and sealed by a qualified engineer, confirming that the proposed modification(s) will not result in violations of the applicable noise standards.

(i)

Other Information. Such other information as the Inspector of Buildings may require.

5.13.8.3.2.

Waivers: The Inspector of Buildings may waive one or more of the above filing requirements if he determines the information is not necessary or relevant to his review and determination under this section.

5.13.8.4

Review Process — Inspector of Buildings

5.13.8.4.1.

An application for review of an Eligible Facilities Request shall be submitted to and reviewed by the Inspector of Buildings, who shall make the final determination under this section after consultation with the City's Planning Director.

5.13.8.4.2.

An approval under this section must be obtained prior to filing of a building permit application for the proposed modification.

5.13.8.4.3.

At the time of application hereunder, the applicant shall also submit copies of the application to (1) the City's Planning Director, (2) the City's Department of Public Works, and (3) any board, council or commission that issued any prior permit or approval for the Tower or Base Station that is the subject of the application.

5.13.8.5

Timeframe for Review

5.13.8.5.1.

60-Day Review Period: The application under this section shall be approved or disapproved by the Inspector of Buildings within 60 days of its filing.

5.13.8.5.2.

Tolling of Review Period: The 60-day review period begins to run when the application is filed and may be tolled only by mutual agreement by the Inspector of Buildings and the applicant or in cases where the Inspector of Buildings determines that the application is incomplete.

(a)

To toll the timeframe for incompleteness, the Inspector of Buildings must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.

(b)

The timeframe for review begins running again when the applicant makes a supplemental submission in response to the Inspector of Buildings' notice of incompleteness.

(c)

Following a supplemental submission, the Inspector of Buildings will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is further tolled in the case of second or subsequent notices pursuant to the above procedures.

5.13.8.6

Final Decision

5.13.8.6.1.

Approvals: The Inspector of Buildings must approve an application if he/she determines that the application qualifies as an Eligible Facilities Request — that is, that the proposal involves the proposed collocation, removal or replacement of Transmission Equipment on an Eligible Support Structure and that the proposed modification will not result in a "Substantial Change" to the physical dimensions of the Eligible Support Structure (as those terms are defined above).

5.13.8.6.2.

Conditions of Approval: In addition to any other conditions of approval that the Inspector of Buildings may determine to be necessary or appropriate and consistent with federal and state law and this Ordinance, all approvals issued under this section shall be subject to the following conditions:

a.

No Automatic Renewal. The grant or approval of a wireless facility minor modification permit shall not renew or extend the underlying permit term.

b.

Compliance with Previous Approvals. The applicant shall be subject to the conditions of all previously-issued permits and approvals for the subject Tower or Base Station, except as may be preempted by Section 6409, subdivision (a).

c.

As-Built Plans. The applicant shall submit to the Inspector of Buildings an as-built set of plans and photographs depicting the entire Facility, as modified, including all Transmission Equipment and all utilities, within ninety (90) days after the completion of construction.

d.

Indemnification. To the fullest extent permitted by law, the applicant and any successors and assigns, shall defend, indemnify and hold harmless city, its employees, agents and officials, from and against any liability, claims, suits, actions, regulatory proceedings, losses, expenses or costs of any kind, including, but not limited to, actual attorney fees and litigation expenses, incurred in relation to or arising out of, in whole or in part, the Facility, as modified.

e.

Compliance with Applicable Laws. The applicant shall comply with all applicable provisions of this Ordinance, any permit or approval issued under this Ordinance, and all other applicable federal, state, and local laws.

f.

Compliance with Approved Plans. The approved Facility shall be built in compliance with the approved plans.

5.13.8.6.3.

Disapprovals: If the Inspector of Buildings disapproves the application, the Inspector of Buildings shall state the reasons for the disapproval.

(Ord. of 6-28-2016(1))

5.14.1 Purpose

The purpose of this section is to provide for the availability of Assisted Living Residences and services in the City of Gloucester. Assisted Living is a special combination of housing, ancillary support services and personalized care that is designed to respond in a homelike setting to the individual needs of adults requiring help with Activities of Daily Living, but who do not require the skilled medical care provided in a nursing facility.

5.14.2 Administration

(a)

The Special Permit Granting Authority (SPGA) shall be the City Council which shall follow the procedural requirements for special permits as set forth in MGL Chapter 40A, Section 9 and pursuant to Section 1.5 of the City of Gloucester Zoning Ordinance.

(b)

Applicability: Assisted Living Residences (ALR) are allowed in the zoning districts specified in Section 2.3.1, Residential Use Numbers 18 and 19. An Assisted Living Residence of up to ten (10) dwelling units may be authorized by the granting of a special permit pursuant to Section 1.8 and Section 5.14.4. An Assisted Living Residence of eleven (11) or more dwelling units may be authorized by the granting of a special permit pursuant to Section 1.8, Section 5.7 Major Projects, and Section 5.14.4.

(c)

Dimensional Requirements: See Section 3.2.5 Dimensional Requirements for Assisted Living Residences.

(d)

Application Submittal: The applicant shall submit to the City Clerk twelve (12) copies of a City Council Special Permit Application which shall include a site plan in accordance with Section 5.14.4 and, when necessary for 11 or more units, Section 5.7.5.

(e)

Independent Review: At the City Council's discretion an independent review may be requested at the applicant's expense.

5.14.3 Definitions

Assisted Living as defined by MGL Chapter 19D, 651 CMR 12.00 and 651 CMR 13.00.

Assisted Living Residence as defined by 651 CMR 12.02, an Assisted Living Residence is any entity, however organized, whether conducted for profit or not for profit, which meets all of the following criteria:

(a)

Provides room and board; and

(b)

Provides, directly by employees of the entity or through arrangements with another organization which the entity may or may not control or own, Personal Care Services for three or more adults who are not related by consanguinity or affinity to their care provider; and

(c)

Collects payments or third party reimbursements from or on behalf of Residents to pay for the provision of assistance with the Activities of Daily Living or arranges for the same.

Dwelling Unit for Assisted Living Residences — A portion of an Assisted Living Residence designed for and occupied by one or two individuals as the private living quarters of such individuals.

5.14.4 Performance Standards

In addition to the requirements of Section 1.4.2.2 for Assisted Living Residences of ten (10) or less dwelling units and Sections 1.4.2.2 and 5.7 for Assisted Living Residences of eleven (11) or more dwelling units, the following requirements shall apply:

(a)

Assisted Living Residences shall be integrated into the existing terrain and surrounding landscape, and shall be designed to protect abutting properties and community amenities, and shall be consistent with the neighborhood character.

(b)

Assisted Living Residences shall provide one off-street parking space for every two dwelling units, and one visitor parking space for every ten units.

(c)

Other than for access to the upper floors, the street level floor of Assisted Living Residences in Central Business (CB) and Village Business (VB) districts shall be occupied by retail businesses, open to the public.

(d)

An Assisted Living Residence where each unit is owned separately or converted to separate ownership shall establish an Owners Association which shall provide for the maintenance of the common facilities. An agreement regarding the same shall be submitted to and subject to the approval of the City Council and City Legal Department.

(e)

Assisted Living Residences with 5—10 dwelling units shall provide one affordable unit and comply with the following requirements:

1.

The agent of the facility shall annually certify to the Gloucester Community Development Director that the low to moderate income of the residents meets the U.S. Department of Housing and Urban Development (HUD) qualifications.

2.

Preference shall be given to Gloucester residences for occupancy of the affordable units provided they meet the eligibility requirements of federal, state and local regulations.

(f)

Assisted Living Residences with eleven (11) or more dwelling units shall comply with the following affordability requirements:

1.

Twenty (20)% of the dwelling units shall be designated for low to moderate income persons as defined by the most recent income guidelines established by the U.S. Department of Housing and Urban Development (HUD).

2.

The agent of the facility shall annually certify to the Gloucester Community Development Director that the low to moderate income of the residents meets the U.S. Department of Housing and Urban Development (HUD) qualifications.

3.

Preference shall be given to Gloucester residences for occupancy of the affordable units provided they meet the eligibility requirements of federal, state and local regulations.

(g)

In addition to any applicable conditions specified in this ordinance, the City Council may impose such other conditions as it finds reasonably appropriate to safeguard the neighborhood, the residents, guests or employees of the facility, or otherwise serve the purposes of this ordinance.

(Adopted June 20, 2000; Amended November 15, 2005)

5.15.1 Purpose and Intent

5.15.1.1

Primary purposes for Open Space Residential Development, hereafter OSRD, are:

(a)

To advance and be consistent with the goals, objectives and strategies of The Community Development Plan for the City of Gloucester, 2001: A Comprehensive Plan, August 2001.

(b)

To encourage permanent preservation of open space, agricultural land, forest, forestry land, wildlife habitat, other natural resources including aquifers and watershed, water bodies and wetlands, and historical and archeological resources.

(c)

To encourage a more efficient form of development that is less sprawling, consumes less open land, and conforms to existing topography and natural features better than a grid subdivision.

(d)

To minimize the total amount of disturbance on a site and to preserve the natural topography of a site.

(e)

To allow greater flexibility and creativity in design of residential developments.

(f)

To facilitate the construction and maintenance of housing, ways, utilities and services in a more economical and efficient manner.

5.15.2 Applicability

5.15.2.1

OSRD is permitted in the following zoning districts: R-80, R-40, RC-40, R-30, R-20, R-10 (See Section 2.3.1 Residential Use No. 20), and is subject to Section 5.11 and Sections 5.15.4 and 5.15.5.

5.15.3 Design Overview

5.15.3.1

The Four Step Design Process:

(a)

Identify and delineate the following:

1.

Primary Conservation Areas which include wetlands, riverfront areas, and floodplains; and Secondary Conservation Areas which are unregulated features of the natural landscape, such as: steep slopes, mature woodlands, prime farmland, meadows, additional wildlife habitats and cultural features such as historic and archeological sites, and scenic views; and

2.

Potentially Developable Areas which is all other land outside identified Primary and Secondary Conservation Areas.

(b)

Locate house sites, providing the approximate sites of individual houses within the Potentially Developable Area along with delineation of private yards and shared amenities, so as to reflect an integrated community, with emphasis on consistency with the city's historical development patterns. The number of homes enjoying the amenities of the development should be maximized.

(c)

Align Streets and Trails. Align streets in order to access the house lots. Trails should be laid out to create internal and external connections to existing and/or potential future streets, sidewalks and trails.

(d)

Draw in the lot lines.

5.15.3.2

Generic Design Standards:

(a)

OSRD shall promote permanent preservation of open space, agricultural land, forestry and, natural resources, historical and archeological resources better than a grid subdivision.

(b)

OSRD shall consume less open land than a grid subdivision.

(c)

OSRD shall conform to existing topography and natural features of the land.

(d)

OSRD shall have less total amount of disturbance on the site than a grid subdivision.

(e)

OSRD shall facilitate the layout, construction and maintenance of ways, utilities, and public services in a more economical, safe and efficient manner than a grid subdivision.

(f)

The landscape shall be preserved in its natural state. Tree and soil removal shall be minimized. Any grade changes shall be in keeping with the general appearance of neighboring developed areas. Individual building sites shall be oriented to maintain natural topography, soils and vegetation.

(g)

Ways shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel.

(h)

Proposed buildings and associated development shall be compatible with surroundings, terrain, other existing uses, scale, and architecture of nearby buildings and possess a functional and visual relationship to the nearby environment.

(i)

All open space that is not set aside for wildlife habitat and resource protection shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties.

(j)

The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practicable.

(k)

The proposal should protect the adjoining premises and general neighborhood from any detrimental impact resulting from the use of the subject property, including but not limited to the production of a nuisance by virtue of noise, odor, unsightliness, or vibration.

5.15.3.3

Detailed Design Standards are further defined in the OSRD Rules and Regulations.

5.15.3.4

In approving an OSRD Site Plan, Planning Board, hereinafter referred to as the Board, may impose conditions to ensure that a site plan complies with OSRD detailed design standards.

5.15.4 Open Space Requirements

5.15.4.1

Open Space. A minimum of fifty percent (50%) of the site shall be open space with no more than twenty-five percent (25%) defined as Resource Area and at least fifteen percent (15%) of the remaining open space shall not consist of 'Buffer Zone' as defined by the City of Gloucester General Wetlands Ordinance (Article 12, Gloucester Code of Ordinances) or slope of more than twenty percent (20%).

(a)

Open space shall not include driveways, roads or ways necessary for access and egress to the site.

(b)

One third (1/3) of the twenty (20) foot site perimeter setback, as required in 5.15.5.1(c), may be used towards the required open space.

(c)

One hundred percent (100%) of the open space, shall either be:

1.

Conveyed to the City of Gloucester and accepted by it for open space use with an assignment for the perpetual care and custody of the site under the jurisdiction of the Conservation Commission; or

2.

Conveyed to the Commonwealth of Massachusetts as part of a state forest, park, or wildlife management area; or

3.

Conveyed to a nonprofit corporation, the principal purpose of which is the conservation of open space, and made subject to a conservation restriction prepared in accordance with provisions of Section 31 and 33, inclusive, of MGL Chapter 184; or

4.

Made subject to a conservation restriction prepared in accordance with the provisions of Section 31 and 33, inclusive, of MGL Chapter 184 running in favor of either the City or, upon the approval of the Board, a nonprofit corporation, the principal purpose of which is the conservation open space. The conservation restriction shall provide that such land shall be kept, in perpetuity, in an open or natural state, in accordance with the above noted sections of MGL Chapter 184.

(d)

Open space shall be a large contiguous parcel.

(e)

Open space shall be used for conservation purposes, including wildlife habitat, watershed protection, historic preservation, education, outdoor education, passive recreation, park purposes, agriculture and horticulture/ forestry.

(f)

Provided that the Board finds that such uses will not be detrimental to the character, quality or use of the open space, wastewater and stormwater management systems, and underground utilities serving the site may be located within open space. Surface systems, such as retention and detention ponds, shall not qualify towards the minimum required open space.

5.15.5 Dimensional Requirements

5.15.5.1

Applicants for OSRD development are encouraged to modify lot size, shape and other dimensional requirements for lots within an OSRD development. Section 3.2 of the City of Gloucester Zoning Ordinance setting forth the minimum lot requirements shall not apply to lots within OSRD. The minimum requirements for such lots are:

(a)

Minimum lot area shall be five thousand (5,000) square feet.

(b)

Minimum frontage shall be twenty (20) feet.

(c)

A site perimeter setback of at least twenty (20) feet shall be provided at the perimeter of the overall site subject to OSRD except that driveways necessary for access and egress to the site may be allowed within the site perimeter setback for the overall site subject to OSRD. No vegetation in this buffer shall be disturbed, destroyed or removed, except for normal maintenance. (See Open Space Requirements, Section 5.15.4).

(d)

New lots shall not have frontage on a way other than one created within an OSRD.

(e)

The minimum frontage for the overall site subject to OSRD shall be fifty (50) feet.

(f)

Maximum building height shall not exceed thirty (30) feet.

(g)

The maximum lot coverage for an individual lot shall not exceed fifty (50) percent.

5.15.6 Pre-application

5.15.6.1

Prior to submitting an OSRD site plan, the applicant shall make a written request for an informal pre-application review by the Board at a regular meeting.

5.15.6.2

Submittals under this category of review shall be labeled 'PRE-APPLICATION'.

5.15.6.3

Pre-application Site Visit. The Board shall hold a site visit as soon as possible with the applicant and/or agents in attendance.

5.15.7 Site Plan

5.15.7.1

For the purposes of this ordinance the Planning Board is the Site Plan review authority.

5.15.7.2

The Site Plan shall consist of a Yield Plan and a Sketch Plan:

5.15.7.3

The Yield Plan shows the maximum number of lots that can be placed on a site under a grid subdivision plan.

(a)

Sites with access to municipal sewer. The Basic Maximum Number of Allowed Lots is calculated by the following equation below where the total area is the area of the proposed development, and the resource area is as defined and approved by the Gloucester Conservation Commission.

Formula #1: Basic Maximum Number of Allowed Lots
[(Total Area - Resource Area) × (.90)] / District Minimum Lot Area

(b)

Sites served by individual or shared on-site wastewater systems governed under 310 CMR 15.00 The State Environmental Code, Title 5 and The City of Gloucester On-site Wastewater Regulations. The Basic Maximum Number of Allowed Lots shall be derived by submittal of a yield calculation using Formula #1 accompanied by a plan that provides evidence, acceptable to the Board, confirming the number of dwelling units that could be served by on-site wastewater treatment and disposal systems and which probably could be permitted to serve a set number of dwelling units based on site soil evaluations and consideration of relevant state and local laws. The applicant shall have a burden of proof to supply soils analysis and engineering information on the plan that defines, with reasonable certainty, the number of allowable dwelling units that can be safely sited on a lot. At a minimum, standard soil and percolation testing specified in state and local regulations shall be completed for each proposed area which might be suitable for an on-site wastewater treatment and disposal system with such testing witnessed by the agents of the Board of Health. A site plan showing calculations and possible locations of suitable areas for on-site systems shall be compiled. The City of Gloucester On-site Wastewater Regulations should be reviewed and the Board of Health consulted for additional information. Within twenty one (21) days of receiving written request from Planning Board, the Board of Health shall provide written input to the Planning Board regarding this determination.

(c)

Sites served by on-site shared wastewater systems governed under 314 CMR 3 (Surface Water Discharge Permit) or 314 CMR 5 (Groundwater Discharge Permit) shall take into consideration the carrying capacity of the land and receiving water(s). In no instance shall yield calculation be greater than that which could be calculated under 5.15.7.3(a) and (b). Within twenty one (21) days of receiving written request from the Planning Board, the Board of Health shall provide written input to the Planning Board regarding this determination.

5.15.7.4

The Sketch Plan shall:

(a)

Be prepared and signed by a certified Landscape Architect, or by a multidisciplinary team of which one member must be a certified Landscape Architect; and

(b)

Provide specific reference to the Yield Plan; and

(c)

Address the general features of the land, give approximate configurations of the open space, roads, lots, and include the information, as appropriate, as listed in OSRD Rules and Regulations; and

(d)

Include detailed narrative regarding the layout of open space, stormwater management, wastewater management, utilities, landscaping, and other aspects of infrastructure and building design; and

(e)

Reflect the four step design process as set forth in Section 5.15.3.1; and

(f)

Comply with the design standards set forth according to sections 5.15.3.2. and 5.15.3.3.

5.15.7.5

A Site Plan may be a fully engineered plan, conforming with the provisions of this ordinance. The Site Plan shall incorporate the features of the sketch plan and include stormwater management, wastewater management, utilities, and all other information as required within this ordinance and referenced regulations.

5.15.7.6

OSRD definitive subdivision approval shall be conditional upon approval of the Site Plan.

5.15.8 Procedure for Submittal and Approval of Site Plan

5.15.8.1

A complete application shall be filed with the City Clerk and the Planning Board. Fifteen (15) copies shall be filed with Planning.

5.15.8.2

Review by municipal entities. The Board of Health, Conservation Commission, Building Inspector, Fire Department, Police Department, and Engineering/DPW shall consider, review and report to the Board in writing on the application. Reports from other boards and officials shall be submitted to the Board within thirty-five (35) days of receipt of the City Clerk of a complete application. Failure of these reviewing parties to make recommendations after receiving the applicable materials shall be deemed a lack of opposition thereto. In the event that a public hearing by the Board is held prior to the expiration of the thirty-five (35) day period, the Board shall continue the public hearing to permit the formal submission of reports and recommendations.

5.15.8.3

Public hearing. The Board shall hold a public hearing within thirty-five (35) days of receipt of a complete application.

5.15.8.4

Board decision. The Board shall issue a written site plan decision within sixty five (65) days of the submittal of a complete site plan. In reviewing a site plan, the Board may impose conditions to ensure that the site plan complies with generic and detailed design standards, requirements of OSRD Rules and Regulations. The decision shall contain written explanation for any significant departures from the recommendations of any reviewing party. The decision shall be upon a majority of the Board and a written decision shall be endorsed by the Board Chair. The appeal of any decision of the Board shall be made in accordance with the provisions of MGL Ch. 41, Section 81BB. A copy of the decision shall be filed with City Clerk and shall be forwarded to the applicant by registered mail.

5.15.8.5

Site plan approval shall lapse one (1) year from the date that the Board votes to endorse a site plan unless the applicant has submitted an OSRD definitive plan application, or within three (3) years unless building permits have been issued, whichever is less. Prior to the lapse of this period an applicant may make a written application requesting a time extension for the site plan, by providing a rationale for said request for a time extension. For good cause such approval may be granted by the Board by issuing a written extension following a public hearing.

5.15.9 Relationship Between OSRD Site Plan and OSRD Definitive Subdivision Plan

5.15.9.1

The issuance of OSRD Site Plan Approval allows the applicant to submit an OSRD Definitive Subdivision Plan to the Board for consideration under the Subdivision Control Law.

5.15.9.2

The OSRD definitive subdivision plan shall substantially comply with the OSRD Site Plan. Substantial compliance is deemed to exist providing that there is no:

(a)

Increase in the number of building lots or units;

(b)

Significant decrease in open space area;

(c)

Significant change in site layout;

(d)

Significant change in the general development pattern which adversely affects natural landscape features and open space preservation; and

(e)

Significant change to stormwater and wastewater management.

5.15.9.3

If the Board determines that the OSRD Definitive Subdivision Plan does not substantially comply with the OSRD Site Plan, the Board may disapprove the definitive subdivision plan.

5.15.9.4

The Board may conditionally approve an OSRD Definitive Subdivision Plan that does not substantially comply with the Site Plan. The Board shall issue a written decision identifying where the plan does not substantially comply with the Site Plan and shall require that the Site Plan be amended to be in compliance. The Board shall also require that the applicant file an application to amend the Site Plan within a specified time period. The public hearing on the application to amend the Site Plan shall be limited to the significant changes identified by the Board in their conditional approval of the OSRD Definitive Subdivision Plan. These are the only considerations that the Board may take into account in deciding whether to amend the Site Plan.

5.15.9.5

Submittals and permits provided for in this section shall be in addition to any other requirements of the Subdivision Control Law, Rules and Regulations Governing the Subdivision of Land, or any provisions of the City of Gloucester Zoning Ordinance.

5.15.10 Rules and Regulations

See "Rules and Regulations Pertaining to the City of Gloucester Open Space Residential Development (OSRD)", Section 6.1, of the Rules and Regulations Governing the Subdivision of Land, Gloucester.

(Adopted August 20, 2002)

5.17.1 Purpose

The purpose of this section is to protect the health, safety, welfare and convenience of residents, minimize traffic congestion, and maintain the architectural integrity of the surrounding area by requiring performance standards for the construction and operation of drive-through facilities.

5.17.2 Administration

(a)

Drive-through facilities are allowed by special permit in only the following districts: Central Business (CB), Neighborhood Business (NB), Extensive Business (EB), Village Business (VB), Marine Industrial (MI), General Industrial (GI), and Business Park (BP).

(b)

Dimensional Requirements:

^* At least 15,000 sf must be designated for drive-through facility.

5.17.3 Special Permit Application Procedures

(a)

The Special Permit Granting Authority: The Special Permit Granting Authority (SPGA) for drive-through facilities shall be the City Council. The City Council shall follow the procedural requirements for special permits as set forth in MGL Chapter 40A, Section 9, and Sections 1.5 and 1.8 of the City of Gloucester Zoning Ordinance.

(b)

Application Submittal: The applicant shall submit to the City Clerk twelve (12) copies of an application for a special permit which shall include a site plan in accordance with the requirements as set forth in Section 5.17.5(b).

(c)

Drive-Through Application Review: Review of a drive-through facility application shall be referred to the Planning Board for their review within 45 days of receipt of the application from the City Council. The Planning Director will submit the application to key municipal departments, including Planning, Building, DPW/Engineering, Public Health Department, Police, Fire, and Traffic Commission for their review and comment.

(d)

Independent Review: At the City Council's discretion, an independent review may be requested at the applicant's expense.

5.17.4 Definitions

Access Connection: A means of approach to provide vehicular or pedestrian entrance or exit to a property from the public/private roadway, such as, but not limited to a driveway, curb cut, turnout.

Driveway/Curb Cut Spacing: The distance between access points of the driveway, measured from the closest edge of pavement of the driveway or curb cut to the next closest edge of the pavement along the public/private roadway.

Stacking Lane: An area of driving lane and waiting spaces provided for vehicles waiting for drive-through service, that is physically separated from other traffic and pedestrian circulation on the site.

Stacking Space: An area within a stacking lane for vehicles waiting to order and/or finish a drive-through transaction.

5.17.5 Performance Standards

Drive-through service facilities shall comply with the performance standards set forth in this section. Except for dimensional requirements, the City Council may impose additional conditions or alter performance standards if it finds that a substantially better design will result from such additional or alternate standards. In so doing, the City Council shall consider how such additions or alterations will impact public safety, character of the neighborhood, and the environment.

(a)

Traffic Impact Study (TIS). The City Council shall require that a Traffic Impact Study (TIS) be prepared by a registered professional engineer who is a member of the Institute of Transportation Engineers (ITE). The purpose of a TIS is to document existing traffic conditions in the vicinity of the proposed drive-through facility, to describe the volume and effect of projected traffic generated by the proposed project, and to identify measures to mitigate any adverse impacts on traffic, as stated in the following:

(1)

Existing Traffic Conditions: Average daily and peak hour volumes, average and peak speeds, sight distances, appropriate and pertinent accident data, levels of service of intersections and streets likely to be affected by proposed project. Generally, such data shall be presented for all streets and intersections adjacent to or within 500 feet of the project's boundaries. The data will be no more than twenty-four (24) months old, upon submittal unless other data is specifically approved by the City Council.

(2)

Projected Impact of Proposed Project: Projected peak hour and daily traffic generated by the drive-through on roads and ways in the vicinity; sight lines at the intersections of the proposed driveways and streets; existing and proposed traffic controls in the vicinity; projected post development traffic volumes and levels of service of intersections and streets likely to be affected by proposed project.

(b)

Site Plan. The site plan, prepared by a registered Professional Civil Engineer and Registered Land Surveyor, shall accompany the special permit application and shall include the following items and information:

(1)

Site plan shall be at a scale of one inch equals forty feet (1" = 40'), or such scale as may be approved by the City Council.

(2)

Name and address of project; name and address of owner; name and address of Engineer and Surveyor; assessors map and lot numbers; zoning district; locus (1" = 1,000'); North arrow; boundaries; topography; date; scale of plan.

(3)

The proposed site plan, incorporating recommendations of the Traffic Impact Study shall minimize points of traffic conflict, both pedestrian and vehicular. The following guidelines shall be used to evaluate compliance with this standard:

a.

Entrance and exit driveways shall be located and designed to create maximum practicable distance from existing and proposed access connections from adjacent properties.

b.

Where possible, driveways shall be located opposite similar driveways.

c.

Left-hand turning movement shall be minimized.

d.

No parking shall be allowed on street within 8' of curb cuts.

e.

No vehicular waiting shall be allowed on the street. Vehicle stacking spaces to accommodate waiting traffic shall be provided in the drive-through lane.

f.

Pedestrian and bicycle circulation shall be separated from motor vehicle circulation as far as practicable by an ADA compliant walkway from sidewalk to facility.

g.

Off-street loading shall comply with Zoning Ordinance Section 4.2.

(4)

The location and use of all existing and proposed buildings and structures, including their dimensions, height, and exterior entrances and exits. Location of all service equipment. Location of all present and proposed public and private ways, parking areas, driveways, sidewalks, ramps, curbs, fences, walls, buffers for screening purposes, paths, landscaping, planting areas, signs, refuse and other waste disposal containers. Detailed location of accessing entrance and exit, and sight distance for any access connection applicable to site.

(5)

Location of all existing and proposed public and private utilities.

(6)

Lighting shall be shown on the site plan.

(c)

Site Access

(1)

Width of the access connections at the property line shall not exceed twenty-five (25) feet, unless the TIS identifies and the City Council agrees to the need for turning lanes from the development onto the adjacent public road.

(2)

All streets and intersections impacted by the project as identified in TIS shall have a comparable level of service to pre-development conditions.

(d)

Stacking Lanes

(1)

Entrances to stacking lane(s) shall be clearly marked and a minimum of forty (40) feet from the intersection with the public street. The distance shall be measured from the property line along the street to the beginning of the entrance.

(2)

Each stacking space shall be a minimum of twenty (20) feet in length and ten (10) feet in width along all portions of the lane(s).

(3)

Fast food restaurants shall have a minimum of 5 spaces for queuing cars accessing the ordering window or speaker. If pickup/payment windows are provided separately, the queuing distance between windows and/or speaker(s) shall be a minimum of 2 stacking spaces. Banks, service and retail establishments shall have a minimum of 3 stacking spaces for queuing cars accessing a drive-through window or speaker.

(4)

Stacking lanes shall be delineated from traffic aisles, other stacking lanes and parking areas with striping, curbing, landscaping and the use of alternative paving materials or raised medians.

(5)

Stacking lanes shall be designed to prevent congestion, both on site and on adjacent streets.

(6)

Stacking lane layout:

a.

Shall be integrated with the on-site circulation pattern;

b.

Shall minimize conflicts between pedestrian and vehicular traffic by providing physical and visual separation between the two;

c.

Shall provide an emergency by-pass or exit, if said stacking lane is curbed;

d.

Shall not impede or impair access into or out of parking spaces;

e.

Shall not impede or impair vehicular or pedestrian traffic movement;

f.

Shall not interfere with required loading and trash storage areas;

g.

Shall not enter or exit directly into a public right-of-way.

h.

Shall not be located in the setbacks in NB and VB districts exclusively.

(e)

Layout of Outdoor Service Equipment

(1)

Menu Signs/Speaker Boards:

a.

Signs shall be a maximum of thirty (30) square feet, with a maximum height of six (6) feet, and shall not require a separate permit under the sign ordinance, but shall follow requirements of Zoning Ordinance Section 4.3.

b.

Menu Signs and speaker boards shall be physically shielded from any public street and residential properties by landscaping or other means.

c.

Outdoor speakers shall comply with the noise ordinance of Chapter 13 of the City of Gloucester Code of Ordinances, and should be directed away from abutting properties.

(2)

Dumpsters:

a.

Based on the Board of Health "Dumpster Regulations", no dumpster shall be placed within fifteen (15) feet of a building unless approved by the Fire Chief, and shall not block a public way or sidewalk.

b.

No dumpster shall be placed within ten (10) feet of a property line.

(f)

Lighting

(1)

Flood and area lighting is unacceptable.

(2)

All luminaries/lighting fixtures shall have a total cutoff of all light at less than ninety (90) degrees from vertical. The lighting from the fixture shall only be visible from below.

(3)

Shielding shall provide cutoff of all light at the property lines of the subject site.

(4)

The luminaries/lighting fixtures in the parking lot, sidewalks, paths and adjacent to the vehicular circulation system shall not exceed twelve (12) feet in height.

(5)

Where wall-pack type luminaries/lighting fixtures are utilized for outdoor lighting, these shall be equipped with lenses to reduce glare. Wall-pack lighting shall direct lighting towards the ground.

(6)

All luminaries/lighting fixtures shall be restricted to a maximum horizontal foot-candle level of 8.0 (initial), as measured directly below the fixture at grade.

(g)

Landscaping

(1)

A landscape plan, prepared by a Landscape Architect, shall show all existing natural land features and all proposed changes to these features.

(2)

The landscape shall be preserved in its natural state as much as possible by minimizing tree and soil removal and by avoiding abrupt grade changes. There should be an attempt to blend into existing topography.

(3)

There shall be a five (5) foot minimum landscaped buffer zone between the exterior lot lines of the proposed development and abutters in NB and VB Districts. Open space should landscaped with a variety of plant material and maintained accordingly.

(h)

Operation and Security

(1)

The applicant shall submit information on the hours of operation, security on the site, employee parking, and plans for cleanup and maintenance.

(Adopted July 13, 2004)

For all uses requiring a special permit in the Marine Industrial (MI) district, and located within (200) feet of the water's edge, in addition to the requirements for the issuance of special permits contained in Sections 1.5.3, 1.5.4, and 5.7 herein, the Special Permit Granting Authority "in approving the project must find that:

1.

The proposed use will not displace an existing water-dependent use with a non water-dependent use;

2.

The proposed use will not, by virtue of its location, scale, duration, operation, or other aspects, pre-empt or interfere with existing or future development of water-dependent uses of the project site or surrounding property;

3.

The proposed use is compatible with the working waterfront character of the zone;

4.

The proposed project will not displace existing commercial fishing vessel berthing in Gloucester Harbor, without providing equivalent space and draft at a suitable alternative site not already used by commercial fishing vessels;

5.

The proposed use will not adversely affect the preservation of water-dependent uses on surrounding properties.

In exercising its power under this section, the Special Permit Granting Authority may impose reasonable modifications, conditions, or limitations as are necessary or appropriate to ensure that the presence of the proposed development does not result in any of the above adverse impacts or otherwise adversely affect the primary character of the area as a working waterfront.

(Ord. of 3-30-2010(6))

Facilities for motor vehicle service, rental, or repair shall not be granted a Special Permit except in conformity with the following:

5.19.1

No vehicular entrance or exit shall be located within 25 feet of a residential district or the sideline of an intersecting street.

5.19.2

No vehicular entrance or exit shall be located within 400 feet of the nearest property line of any school, library, hospital, playground or religious institution, unless it is demonstrated by the applicant that special circumstances of the site or use effectively mitigate concern over the hazard.

5.19.3

There shall be adequate space off-street for not fewer than two cars to await service per filling position.

5.19.4

Automatic car washes shall provide space for not less than 10 cars per washing lane to queue off-street and, where waste water does not discharge directly into a public sewer, shall provide positive means of preventing water pollution. Water recycling requirements of the Gloucester Department of Public Works shall be complied with.

5.20.1 Conditions for Issuance

The Gloucester Planning Board may authorize Pork Chop Lots by Special Permit (SP) in cluster developments and in residential districts on streets in existence at the date of adoption of this Section, provided that the following conditions are met:

(a)

That the site is an appropriate location for the proposed use and that the character of adjoining uses will not be adversely affected.

(b)

That the minimum lot area of the Pork Chop Lot is at least two times the minimum lot area required in the zoning district in which the Pork Chop Lot is located, except that the portion of the lot to the way shall not be included in the lot area calculation. (Amended 12/8/98)

(c)

That safe and adequate vehicular access can be provided on said lot, without easements, from the street frontage to the principal building on the lot.

(d)

That the width of the Pork Chop Lot measured at the shortest distance between side lot lines is no less than forty feet (40') at any point between the street and the existing or proposed building on the lot.

(e)

That the depth of that portion of the lot which fails to satisfy the lot frontage requirements set forth in Section 3.2 shall not exceed a distance of two hundred fifty (250) feet from the street, measured along the proposed driveway.

(f)

All front, rear and side yard setbacks shall be the same as the yard setbacks of the zone in which the lot is located.

(g)

That no more than one principal building shall be located on a lot.

(h)

That there is not more than one (1) other Pork Chop Lot with frontage contiguous to

5.20.2 Procedure for Special Permits

The Planning Board shall follow the procedural requirements for Special Permits as per Massachusetts General Laws Chapter 40A and Section 1.5 of the Gloucester Zoning Ordinance.

(Adopted December 22, 1987)

5.21.1 Purpose

The purpose of this Ordinance is to enhance the safety and welfare of residents of common driveways and to clarify the rights and responsibilities of builders and residents of common driveways, and of the City of Gloucester, in order to improve the public safety along streets by reducing the number of curb cuts, to reduce the negative visual impact of multiple driveways exiting upon a street and to minimize negative impacts on natural resources.

5.21.2 Definition

Vehicular access, extending from a street, serving as a common vehicular access to more than one (1) but not more than four (4) residential lots is a common driveway, built in accordance with standards established in "Rules and Regulations Governing the Subdivision of Land in Gloucester, Massachusetts" where allowed by Special Permit. The driveway will lie entirely within the lots being served.

5.21.3 Prohibition

A common driveway which would serve more than four (4) residential lots is prohibited.

5.21.4 Scope

Common driveways may be allowed by Special Permit and plan approved by the Planning Board for single and two-family residential use only. Where the proposed development constitutes a subdivision under the Subdivision Control Law, MGL, Chapter 41, sec. 81-K et seq., this ordinance shall not apply. All lots associated with the use of a common driveway must provide off-street parking as indicated in Section 4.1 "Off Street Parking." A common driveway shall not become a public or private way. The City of Gloucester shall not be required to provide construction, reconstruction, maintenance, snowplowing, school bus pickup or police patrols along a common driveway, unless by contract duly entered into by the City and all landowners served by the common driveway.

3.5.5 [5.21.5] Conditions for Issuance

The Planning Board may authorize the use of common driveways to provide access to no more than four (4) individual lots of land through issuance of a Special Permit (SP) provided the following conditions are met.

(a)

Common driveways may not be used to satisfy zoning frontage requirements as defined in Section VI. Each lot served shall have lot frontage on a street which serves to satisfy lot frontage requirements as defined in Section VI.

1.

No common driveway shall be extended or connected to any way other than at one point of intersection with a street providing frontage to the development.

(b)

All lots to be served by common driveway must meet the requirements of a lot as defined in Section VI. All dimensional requirements, as defined in the Zoning Ordinance, for lots served by a common driveway, including but not limited to, setback and dimension of front, side and rear yards, as measured in relation to the street serving as the legal frontage for the lots, shall be the same as would be required for those lots had they not shared a common driveway.

(c)

That common driveways are required to access over approved lot frontage as defined in Section VI.

(d)

That each lot having access from an approved common driveway may be improved with no more than two (2) dwelling units and related accessory building and uses.

(e)

That if the common driveway provides access to two (2) OR MORE (no more than four) lots, the landowners of all residences served by a common driveway shall be granted a right-of-way. Such right-of-way shall be recorded at the Essex County Registry of Deeds within thirty (30) days of approval by the Planning Board, together with a statement of covenants as follows:

1.

The common driveway shall at no time be used to satisfy frontage requirements under the Zoning Ordinance; and

2.

the common driveway shall at no time become the responsibility or liability of the City of Gloucester; and,

3.

each landowner served by the common driveway shall be liable and responsible in whole for the repair and maintenance of any portion of the common driveway to which they have the exclusive Right of Way, such as a spur serving solely one parcel; and,

4.

each landowner served by the common driveway shall be jointly and severally responsible and liable for the repair and maintenance of all portions of the common driveway to which more than one landowner hold a Right of Way.

(f)

A covenant shall be entered into between the owner or developer and the City in a form acceptable to the Planning Board prohibiting the sale of lots and erection of building except for lots approved and/or prior to the adoption of this Ordinance, until such time as the common driveway has been constructed in accordance with the approved plan.

(g)

Common driveways shall provide access to the lots from the street on which the lots served have their frontage and must observe a twenty-five (25) foot setback from the sideline which the lot of origin shares with a lot not served by the common driveway. The Planning Board may waive this requirement if necessary.

(h)

That common driveways be constructed in accordance with the standards established in "Rules and Regulations Governing the Subdivision of Land in Gloucester, Massachusetts."

3.5.6 [5.21.6] Procedure for Special Permits

The Planning Board shall follow the procedural requirements for Special Permits as per Massachusetts General Law, Chapter 40A and Section 1.5 of the Gloucester Zoning Ordinance.

(Adopted December 9, 1997)

5.22.1 PURPOSE and INTENT

The purpose of this section is to accommodate land-based commercial wind energy conversion facilities (not residentially scaled facilities) in appropriate locations, while minimizing adverse visual, safety and environmental impacts of the facilities. The ordinance enables the review of commercial wind energy conversion facilities by the City Council in keeping with the City of Gloucester Code of Ordinances and Zoning Ordinance. This ordinance is intended to be used in conjunction with other regulations adopted by the City, including historic district regulations, general wetlands ordinance, and other local regulations designed to encourage appropriate land use, environmental protection, and provision of adequate infrastructure development in the City of Gloucester.

5.22.2 DEFINITIONS

Commercial Wind Energy Conversion Facilities: Commercial wind energy conversion facilities include all equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, transmission, storage, collection and supply equipment, substations, transformers, service and access roads, and one or more wind turbines.

Distributed Generation Wind Facility: A wind energy conversion facility, which is primarily designed to provide its electrical output, or value thereof, for the use or benefit, accessory to a structure(s) on the same lot, or contiguous commonly owned lots.

Height: The height of a wind turbine measured from existing average grade to the tip of the rotor blade at its highest point, or blade-tip height.

Rated Nameplate Capacity: The maximum rated output of electric power production equipment, which is typically specified by the manufacturer with a "nameplate" on the equipment.

Special Permit Granting Authority: The Special Permit Granting Authority for a commercial wind energy conversion facility shall be the Gloucester City Council. The special permit is subject to the following requirements as stated below in Section 5.22.6 as well as those set forth in Sections 1.5 and 1.8.

Wind Monitoring or Meteorological Tower: A temporary tower equipped with devices to measure wind speeds and direction, and used to determine how much wind power a site can be expected to generate.

Wind Turbine: A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.

5.22.3 APPLICABILITY

(a)

The construction of a commercial wind energy conversion facility shall be permitted in the R-80, R-40, and R-30 zoning districts and on municipally owned property, subject to the issuance of a Special Permit by the City Council and provided that the use complies with all requirements set forth in this section of the zoning ordinance (see Section II, 2.3.6, Other Principal Uses Numbers 8 & 9).

The construction of an accessory commercial wind energy conversion facility shall be permitted in the MI, GI and BP zoning districts and on municipally owned property, subject to the issuance of a Special Permit by the City Council and provided that the use complies with all requirements set forth in this section of the zoning ordinance (see Section II, 2.3.7, Accessory Use Number 15)

(b)

Wind monitoring or meteorological towers shall be allowed by-right on a temporary basis, in the MI, GI, BP, R-80, R-40, and R-30 districts and on municipally owned land subject to the issuance of a building permit (see Section II, 2.3.6, Other Principal Uses Number 10; Section II, 2.3.7 Accessory Use Number 17).

(c)

All such wind energy conversion facilities shall be constructed and operated in locations that minimize adverse visual, safety, and environmental impacts. No special permit shall be granted unless the special permit granting authority finds in writing that

1.

The proposed location is an appropriate location on the site;

2.

The use will not pose a significant adverse impact to the health or public safety of the neighborhood;

3.

There will be no serious hazard to pedestrians or vehicles from the use; and

4.

Adequate and appropriate facilities will be provided for the proper operation of the use.

These criteria are to be used in lieu of the special permit criteria outlined in Section 1.8.

(d)

Commercial wind energy conversion facility and temporary meteorological towers will not require a Height Exception under Section 3.2 of the Gloucester Zoning Ordinance.

(e)

Such permits may also impose reasonable conditions, safeguards and limitations on time and use and may require the applicant to implement all reasonable measures to mitigate unforeseen adverse impacts of the wind energy conversion facility, should they occur.

5.22.4 SITE CONTROL

The applicant shall submit documentation of the legal right to install and use the proposed facility at the time of application for a Special Permit. Documentation should also include proof of control over the land in setback or clear areas, if required under Section 5.22.5. Control shall mean legal authority to prevent the use of any structure within the setback or clear area for human habitation or other uses.

5.22.5 PROOF of LIABILITY INSURANCE

The applicant shall be required to provide evidence of the availability of liability insurance in an amount sufficient to cover loss or damage to persons and structures occasioned by the failure or use of the facility.

5.22.6 SPECIAL PERMIT REGULATIONS

Proposed wind energy conversion facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable electrical, construction, noise, safety, environmental and communications requirements.

(a)

Height

Commercial wind energy conversion facilities shall be no higher than 500 feet above the existing average grade. The height of all wind energy conversion facilities shall be measured from the existing average grade to the highest point reached by the rotor blades. The City Council may allow this height to exceed 500 feet as part of the special permit process if the project proponent can demonstrate:

1.

That the additional height is needed and would result in significant additional benefits in terms of energy production and efficiency, and

2.

By submission of substantial evidence that such height reflects industry standards for a similarly rated wind energy conversion facility, and

3.

That the proposed wind energy conversion facility satisfies all other criteria for the granting of a special permit under this section of the zoning ordinance.

4.

The allowance to exceed the height of 500 feet shall not constitute a variance from the Zoning Ordinance.

(b)

Setbacks

1.

Each wind energy conversion facility and its associated equipment shall comply with the building setback provisions of the zoning district in which the facility is located.

2.

In addition, the following setbacks shall be observed:

i)

In order to ensure public safety and to protect the interests of neighboring property owners, the minimum distance from the base of any wind turbine tower to the nearest building on the lot, or on contiguous commonly owned lots, shall be 50 feet; the minimum distance from a public or private way shall be 100 feet; and the minimum distance from property lines shared with abutting properties shall be 150 feet; and in no case shall be less than the length of an individual rotor blade measured from the hub of the wind turbine, whichever is greater.

ii)

Wetland resources and their buffer zones may be used for the purposes of providing setbacks.

iii)

In the R-80, R40, and R-30 residential districts, with the exception of city-owned land, the minimum lots size for a wind energy conversion facility shall be 12.5 acres and the minimum lot frontage shall be 100 feet. The minimum distance of a proposed turbine to any existing residential dwelling shall be equal to the height of the wind turbine to the tip of its rotor blade at its highest point.

iv)

The setbacks should be kept free of all habitable structures so long as the facility is in place; however, these areas need not be cleared of trees or other vegetation. Setbacks shall be measured from the outside surface at the base of the turbine tower. The City Council may reduce the setbacks as appropriate, based on site specific considerations, and only after review of substantial evidence, including but not limited to detailed engineering reports or product engineering certification, which demonstrate that safety concerns have been minimized and that setbacks have been complied with to the maximum extent practicable.

v)

Such reduction of required setbacks, if granted, shall not constitute a variance from the Zoning Ordinance.

(c)

Visual Impact

The proponent shall demonstrate through project siting and proposed mitigation that the wind energy conversion facility minimizes impact on the visual character of surrounding neighborhoods and the community. This may include, but not be limited to, information regarding site selection, turbine design, buffering, lighting, cable layout, and demonstration of compliance with all special permit regulations.

(d)

Color

Wind energy conversion facilities shall be painted a non-reflective color that blends with the sky and clouds.

(e)

Equipment Shelters

All equipment necessary for monitoring and operation of the wind energy conversion facilities should preferably be contained within the turbine tower. If this is not feasible, ancillary equipment may be located outside the tower. Whenever reasonable, structures should be joined or clustered to avoid adverse visual impacts, contained either within an underground vault, enclosed within a separate structure, or shielded from view either by year-round landscaping or vegetated buffers. Equipment shelters shall only be used for housing of equipment for this particular site.

(f)

Lighting and Signage

1.

Wind turbines shall be lighted only if required by the Federal Aviation Administration (FAA). The proponent shall provide a copy of the FAA's determination to establish the required markings and/or lights for the structure.

2.

Lighting of equipment structures and any other facilities on site (except lighting required by the FAA) shall be shielded from abutting properties.

3.

Signs on the facility shall be limited to:

i)

Those needed to identify the property and the owner/operator, and to warn of any danger; and

ii)

Educational signs providing information on the technology and renewable energy usage.

4.

All signs shall comply with the plans approved and incorporated by reference in a special permit granted under this section.

(g)

Utility Connections

All utility connections from the commercial wind energy conversion facility site shall be underground to the nearest utility pole or transformer, unless the applicant demonstrates by substantial evidence that the construction of such underground facilities would be unreasonable owing to circumstances relating to the soil conditions, shape, or topography of such a site or if the utility provider requires the connections to be above ground. The electrical transformer for the utility interconnections may be above ground if required by the utility provider.

(h)

Support Towers

Monopole towers are the preferred type of support for commercial wind facilities.

5.22.7 ENVIRONMENTAL STANDARDS

(a)

Wetlands

Commercial wind energy conversion facilities shall be located in a manner consistent with all applicable local and state wetlands regulations.

(b)

Land Clearing/Open Space

Wind energy conversion facilities shall be designed to minimize land clearing and fragmentation of open space areas, and shall avoid permanently protected open space when feasible. Wind turbines should be sited to make use of previously developed areas wherever possible.

(c)

Stormwater

Stormwater run-off and erosion control shall be managed in a manner consistent with all applicable state and local regulations.

(d)

Noise

The commercial wind energy conversion facility and associated equipment shall conform to Massachusetts noise regulations (310 CMR 7.10) and the provisions of the Gloucester Code of Ordinances Chapter 13: Noise. An analysis, prepared by a qualified acoustical engineer, shall be present to demonstrate compliance with these noise standards and be consistent with Massachusetts Department of Environmental Protection guidance for noise measurement.

(e)

Shadowing/Flicker

Wind energy conversion facilities shall be sited in a manner that does not result in significant shadowing or flicker impacts. The proponent has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses either through siting or mitigation.

(f)

Safety Standards

No hazardous materials or waste shall be discharged on the site of any commercial wind energy facility. If any hazardous materials or wastes are to be used on site, unless contained within the wind turbine itself, there shall be provisions for full containment of such materials or waste. An enclosed containment area, designed to contain at least 110 percent of the volume of the hazardous materials or waste stored or used on the site may be required to meet this requirement. The wind turbine shall also be designed to prevent unauthorized access.

5.22.8 PRE-APPLICATION

(a)

Conference: Prior to the submission of an application for a Special Permit under this regulation, the applicant is strongly encouraged to meet with the City Council at a public meeting to discuss the proposed wind energy conversion facility in general terms and to clarify the filing requirements. The City Council shall meet with the applicant under this regulation within 35 days following a written request submitted to the City Council and the City Clerk. If the City Council fails to meet with an applicant who has requested such a meeting within 35 days of said request and said meeting has not been postponed due to mutual agreement, the applicant may proceed with a Special Permit application under this ordinance without need for a pre-application conference.

(b)

Filing Requirements: The purpose of the conference is to inform the City Council as to the preliminary nature of the proposed wind energy conversion facility. As such, no formal filings are required for the pre-application conference. However, the applicant is encouraged to prepare sufficient preliminary architectural and engineering drawings to inform the City Council of the location of the proposed facility, as well as its scale and overall design.

5.22.9 SPECIAL PERMIT APPLICATION FILING REQUIREMENTS

The following shall be included with an application for a Special Permit for each commercial wind energy conversion facility:

(a)

General Filing Requirements:

1.

Name, address, telephone number and original signature (photo-reproductions of signatures will not be accepted) of applicant and any co-applicants. Co-applicants may include the landowner of the subject property or the operator of the wind energy conversion facility. If telecommunications antennae are proposed, a telecommunications carrier should be a co-applicant.

2.

If the applicant or co-applicant will be represented by an agent, the name, address and telephone number shall be provided and original signature authorizing the agent to represent the applicant and/or co-applicant shall also be provided. Photo-reproductions of signatures will not be accepted.

3.

Documentation of the legal right to install and use the proposed facility and proof of control over the setback or clear areas, proof of financial surety that satisfies Section 5.22.5, proof of liability insurance that satisfies Section 5.22.5, certification of lighting requirements from the FAA, statement that satisfies noise requirements as per Section 5.22.7 (d), and certification of attainment for Federal Communications Commission (47 CFR Part 15) relating to interference with radio or television reception.

(b)

Location Map Filing Requirements

Copy of a portion of the most recent USGS Quadrangle Map, at a scale of 1:25,000, showing the proposed facility site, including turbine sites, and the area within at least two miles from the facility. Zoning district designation for the subject parcel should be included; however copy of zoning map with the parcel identified is suitable.

(c)

Site Plan Requirements

Twelve (12) copies of a one-inch-equals-40 feet vicinity plan, signed and sealed by a Registered Professional Engineer or Licensed Surveyor showing the following:

1.

Property lines for the subject property and all properties adjacent to the subject property within 300 feet.

2.

Outline of all existing buildings, including purpose (e.g., residential buildings, garages, accessory structures, etc.) on subject property and all adjacent properties within 300 feet. Distances, at grade, from the proposed wind energy conversion facility to each building on the vicinity plan shall be shown.

3.

Proposed location of wind energy conversion facility, including all turbines, fencing, associated ground equipment, transmission infrastructure and access roads. Including:

i)

Location of all roads, public and private, on the subject property and on all adjacent properties within 300 feet including driveways proposed to serve the wind energy conversion facility,

ii)

All proposed changes to the existing property, including grading, vegetation removal and temporary or permanent roads and driveways,

iii)

Representations, dimensioned and to scale, of the proposed facility, including cable locations, parking areas and any other construction or development attendant to the wind energy conversion facility.

4.

Tree cover and average height of trees on the subject property and adjacent properties within 300 feet.

5.

Contours at each two feet Above Mean Sea Level (AMSL) within 50 feet of proposed wind energy conversion facility and at a five foot interval for the remainder of the subject property and adjacent properties within 300 feet.

6.

Representation of location of viewpoint for the sight-line diagram referenced below.

(d)

Visualizations

The special permit granting authority shall select four (4) or more sight-lines, including from the nearest building with a view of the wind energy conversion facility, for pre- and post-construction view representations. Sites for the view representations shall be selected from populated areas or public ways within a 2-mile radius for the wind energy conversion facility. View representations shall include the following characteristics

1.

View representations shall be in color and shall include actual pre-construction photographs and accurate post-construction simulations of the height and breadth of the wind energy conversion facility (e.g. superimpositions of the facility onto photographs of existing views).

2.

All view representations shall include existing or proposed buildings and tree cover.

3.

Applicant must include a description of the technical procedures and equiptment [equipment] utilized and followed in producing the visualizations.

(e)

Elevations

Siting elevations, or views at-grade from the north, south, east and west for a 50-foot radius around the proposed wind energy conversion facility. Elevations shall be at one-quarter inch equals one foot horizontal scale and one-eighth inch equals one foot vertical scale and show the following:

1.

Wind energy conversion facility, and if applicable, the security barrier and associated equipment, with total elevation dimensions of all parts of the facility.

2.

Security barrier. If the security barrier will block views of the wind energy conversion facility, the barrier drawing shall be cut away to show the view behind the barrier.

3.

Any and all structures on the subject property.

4.

Existing trees at current height and proposed trees at proposed height at time of installation, with approximate elevations dimensioned.

5.

Grade changes, or cuts and fills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.

(f)

Materials and Colors

Materials provided for the proposed wind energy conversion facility and all other proposed equipment/facilities shall be specified by type and specific treatment. Colors of the proposed wind energy conversion facility, antennas, mounts, cables, cable runs, equipment shelters and security barriers if any, shall be represented by a color board showing actual colors proposed.

(g)

Balloon or Crane Test:

Within 30 days of the submission of an application for a Special Permit, the applicant shall arrange for a balloon or crane test at the proposed site, or alternate means approved by the SPGA, to illustrate the height of the proposed facility. The date, time (and alternate if needed due to weather) and location of such test shall be advertised in a newspaper of general circulation in the city at least 14 days, but not more than 21 days prior to the test. Such advertisement shall be made at the expense of the applicant. In addition, notice shall be provided to the city, abutters, and abutters to abutters within 300 feet as certified by the Assessor's Department, with proof of notification.

(h)

Operation & Maintenance Plan

The applicant shall submit a plan for maintenance of access roads and stormwater controls, as well as general procedures for operational maintenance of the wind energy conversion facility.

(i)

Landscape Plan

A plan indicating all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting, other than FAA lights, screening vegetation or structures. Lighting shall be designed to minimize glare on abutting properties and be directed downward with full cut-off fixtures to reduce light pollution.

(j)

Noise and Environmental Requirements

The applicant shall provide a statement listing the existing noise levels and the maximum future projected noise levels from the proposed wind energy conversion facility, measured in decibels for the following:

1)

Existing, or ambient: the measurement of existing noise at the property boundaries, buildings of abutters and nearest inhabited residence.

2)

Existing plus proposed wind energy conversion facility: maximum estimate of noise from the proposed wind energy conversion facility plus the existing noise environment. Such statement shall be certified and signed by a qualified engineer, stating that noise projections are accurate and meet the noise standards of this ordinance and applicable state requirements.

3)

As proposed, all requirements are specified to ensure a legally defensible position by the City.

These criteria shall be measured at both the property line and at the nearest inhabited residence. The applicant shall also submit information illustrating how the project is consistent with the environmental standards of this ordinance.

(k)

Emergency Services

The applicant shall provide a copy of the project summary and site plan to the local police and fire departments. The applicant shall cooperate with local police and fire departments in developing an emergency response plan.

5.22.10 INDEPENDENT CONSULTANTS

Upon submission of an application for a special permit, the special permit granting authority is authorized to hire outside consultants for a peer review of an application, pursuant to MGL Chapter 40A, Section 9, Appendix A Rule 25: Rules of Procedure of the Zoning Ordinance and MGL Chapter 44, Section 53G, whose services shall be paid for by the applicant.

5.22.11 USE by TELECOMMUNICATIONS CARRIERS

Wind energy conversion facilities may be used to locate telecommunications antennas; such use shall be subject to applicable regulations governing such uses, and subject to the provisions of Section 5.13 Personal Wireless Service Facilities of the Gloucester Zoning Ordinance.

(a)

All ground-mounted telecommunications equipment shall be located in either a shelter, within the wind turbine tower or otherwise screened from view year-round, either through effective landscaping or existing natural vegetated buffers; and

(b)

Antennas shall be mounted to be in keeping with the design of the wind turbine tower; and

(c)

All cabling associated with the personal wireless facility shall be contained within the tower structure or enclosed within a conduit painted to match the turbine mount.

5.22.12 TERM OF SPECIAL PERMIT

A Special Permit issued for any wind energy conversion facility shall be valid for 25 years, unless extended or renewed. With a written request from the owner, the time period may be extended or the Special Permit may be renewed upon satisfactory operation of the facility. At the end of that time period, the wind energy conversion facility shall be removed as required by this section.

Any special permit granted under this subsection shall lapse if construction of the commercial wind energy conversion facility does not commence within two years of the date of its issuance, unless good cause for failure to begin construction can be shown. Good cause may include delay in shipment of wind energy conversion facility components, but financial ability shall not be cause for delay.

The applicant or facility owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.

5.22.13 MODIFICATIONS

The City Council shall be notified of all modifications to a commercial wind energy conversion facility made after issuance of the Special Permit, and such modification shall require approval by the City Council in accordance with the city's existing process for modifications to Special Permit approvals. After issuance of a special permit, a change in model or manufacturer of wind turbine to be installed, which complies within 15 feet of the height granted and all other special permit regulations and conditions, shall not require amendment of the special permit.

5.22.14 MONITORING AND MAINTENANCE

As proposed, all requirements are specified to ensure a legally defensible position by the City.

(a)

The applicant shall maintain the wind energy conversion facility in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the foundation and support structure and security barrier (if applicable), and maintenance of the buffer areas and landscaping if present. Site access shall be maintained to a level acceptable to the Fire Chief. The project owner shall be responsible for the cost of maintaining the wind energy conversion facility and access road, unless accepted as a public way, and the cost of repairing any damage occurring as a result of operation and construction.

(b)

The applicant shall notify the City Council of the wind energy conversion facility becoming operational; thereafter the applicant shall submit to the City at annual intervals, a report detailing operating data for the facility, including but not limited to days of operation, energy production, and certification of compliance with noise standards; such measurements shall be signed by an acoustical engineer stating that the noise measurements are accurate and meeting the Noise Standards sub-section of this ordinance.

(c)

Notice shall be provided to the city of any change in ownership of the facility or discontinued operation for more than a two week period.

5.22.15 ABANDONMENT or DISCONTINUATION of USE

(a)

At such time that a wind energy conversion facility is scheduled to be abandoned or discontinued, the applicant shall notify the city by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. In the event that an applicant fails to give such notice, the facility shall be considered abandoned or discontinued if the facility is inoperable for 180 days or if designated a safety hazard by the Building Inspector. In the case of a multi-turbine facility, the City Council shall determine in its decision what proportion of the facility would be inoperable for the facility to be considered abandoned.

(b)

Upon abandonment or discontinuation of use, the owner may be required to physically remove the wind energy conversion facility within 180 days from the date of abandonment or discontinuation of use. This period may be extended at the request of the operator and at the discretion of the City Council. Physically remove shall include but not be limited to:

1.

Removal of the wind turbine and tower, all machinery, equipment, equipment shelters, security barriers and all appurtenant structures from the subject property;

2.

Proper disposal of all solid or hazardous materials and wastes from the site in accordance with local and state solid waste disposal regulations;

3.

Restoration of the location of the wind energy conversion facility to its natural pre-existing condition, except that any landscaping, grading or below-grade foundation may remain in the after- condition. Restoration shall be verified by the Gloucester Building Inspector and Gloucester Health Department.

(c)

If an applicant fails to remove a wind energy conversion facility in accordance with this section of this ordinance, the city shall have the authority to enter the subject property and physically remove the facility. The City Council may require the applicant, and/or subsequent owners of the property or wind energy conversion facility, to provide a form of surety (i.e. post a bond, letter of credit or establish an escrow account or other) at the City Council's election at the time of construction to cover costs of the removal in the event the city must remove the facility. The amount of such surety shall be equal to 150 percent of the cost of compliance with this section. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for a Cost of Living Adjustment after 10 and 15 years.

5.22.16 SEVERABILITY: The provisions of this section are severable and, in the event that any provision of this section is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.

(Adopted 5-15-2007; Ord. of 4-27-2010(1))

5.23.1 PURPOSE and INTENT

The purpose of this section is to accommodate land-based residential wind energy conversion facilities in appropriate locations, while minimizing adverse visual, safety and environmental impacts of the facilities. The ordinance enables the review of residential wind energy conversion facilities by the Zoning Board of Appeals in keeping with the City of Gloucester Code of Ordinances and Zoning Ordinance. This ordinance is intended to be used in conjunction with other regulations adopted by the City, including historic district regulations, general wetlands ordinance, and other local regulations designed to encourage appropriate land use, environmental protection, and provision of adequate infrastructure development in the City of Gloucester.

5.23.2 DEFINITIONS

Residential Wind Energy Conversion Facility (RWECF): A wind energy conversion facility with a blade-tip height up to 150 feet as measured from existing average grade.

Height: The height of a wind turbine measured from existing average grade to the tip of the rotor blade at its highest point, or blade-tip height.

Special Permit Granting Authority: The Special Permit Granting Authority for a residential wind energy conversion facility shall be the Zoning Board of Appeals.

Wind Turbine: A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.

5.23.3 SPECIAL PERMIT REQUIREMENTS

A special permit may be issued by the Zoning Board of Appeals for the erection of a RWECF, as an accessory use in any designated residential district or in connection with any residential use in a designated commercial district, subject to the following conditions as well as those set forth in section 1.4.1.2.

(a)

Location and Lot Size: Tower-mounted RWECFs are allowed in all residential zoning districts and VB. Tower-mounted residential wind energy facilities shall not be placed on lots of less than 40,000 square feet (see Section II, 2.3.7 Accessory Use Number 18).

(b)

Height: The height of a wind turbine shall be no higher than 150 feet measured from existing average grade to the tip of the rotor blade at its highest point or blade-tip height. The Zoning Board of Appeals may allow this height to be exceeded as a part of the special permit process if the project proponent can demonstrate

1.

That the additional height is needed and would result in significant additional benefits in terms of energy production and efficiency, and

2.

By submission of substantial evidence that such height reflects industry standards for a similarly rated wind energy conversion facility, and

3.

That the proposed wind energy conversion facility satisfies all other criteria for the granting of a special permit under this section of the Zoning Ordinance.

4.

The allowance to exceed the height of 150 feet shall not constitute a variance from the Zoning Ordinance.

(c)

Set-backs: No part of the residential wind energy conversion facility support structure, including guy wire anchors, may extend closer to the property boundaries than the standard structure setbacks for the zoning district where the land is located.

1.

The base of the residential wind turbine tower must be set back at least 10 feet from any habitable structure on the lot on which it is located.

2.

In order to ensure public safety and to protect the interests of neighboring property owners, the minimum distance from the base of the wind turbine tower to the nearest dwelling, business or institutional use on abutting properties shall be 1.0 times the overall blade tip height, and 100 feet from property lines, and public or private ways. A setback from a lot line shall not be required when the abutting owner(s) grants an easement to the owner of the RWECF. Such easements shall be provided at the time of application. In a case where the applicant is also the owner of the abutting property, the setback shall be measured from the furthest lot line of the abutting property.

3.

Setbacks distances may be reduced by Zoning Board of Appeals based on site specific criteria and if the project is consistent with special permit granting criteria and only after review of substantial evidence, including but not limited to detailed engineering reports or product engineering certification, which demonstrate that safety concerns have been minimized and that setbacks have been complied with to the maximum extent practicable.

(d)

Noise: The RWECF shall be certified by the manufacturer to meet the following maximum noise levels at ground level, as measured by the "A" scale of a Type 1 Sound Level Meter, at a point one hundred feet from the tower base, with the wind averaging thirty miles-per-hour or less:

In no instance may the noise level at the lot line exceed 10 dB(A) over the ambient sound level. In a case where the applicant is also the owner of the abutting property, the distance shall be measured from the furthest lot line of the abutting property. The Zoning Board of Appeals may require an analysis, prepared by a qualified engineer to demonstrate compliance with these noise standards.

(e)

Prevention of Tower Access: Climbing access to the tower shall be limited by one of the following methods: by placing climbing apparatus no lower than ten feet from the ground, or by placing shielding over climbing apparatus or access, or by installation of a fence that touches the ground with a minimum height of 6 feet.

(f)

Compliance with FCC Regulations: The RWECF shall be certified by the manufacturer to be in conformance with the Regulations of the Federal Communications Commission (47 CFR Part 15) relating to possible interference with radio or television reception.

(g)

Compliance with State Building Code: Building permit applications for residential wind energy conversion facilities shall be accompanied by standard drawings of the wind turbine structure, including the tower, base, and footings. An engineering analysis of the tower showing compliance with the state building code and certified by a licensed professional engineer shall also be submitted. This analysis is frequently supplied by the manufacturer.

(h)

Compliance with FAA Regulations: Wind energy conversion facilities must comply with applicable FAA regulations, including any necessary approvals for installations close to airports.

(i)

Compliance with National Electric Code: Building permit applications for wind energy conversion facilities shall be accompanied by a line drawing of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code. This information is frequently supplied by the manufacturer.

(j)

Utility Notification: No wind energy conversion facility shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

(l) [(k)]

Special Permit Approval Criteria: Any special permit for a RWECF granted shall meet the following conditions:

1.

The specific site is an appropriate location for such use; and

2.

The use will not pose a significant adverse impact to the health and safety of the neighborhood; and

3.

There will be no serious hazard to pedestrians or vehicles from the use; and

4.

Adequate and appropriate facilities will be provided for the proper operation of the use.

Such permits may also impose reasonable conditions, safeguards and limitations on time and use and may require the applicant to implement all reasonable measures to mitigate unforeseen adverse impacts of the wind energy conversion facility, should they occur.

Residential wind energy conversion facilities will not require a Height Exception under Section 3.1.6 of the Gloucester Zoning Ordinance.

5.23.4 ABANDONMENT

A residential wind energy conversion facility will be considered to be abandoned if it is not operated continuously for a period of one year, or if it is designated a safety hazard by the building inspector. Once an RWECF is designated as abandoned or a safety hazard, the owner shall be required to immediately physically remove the installation, which shall include, but not be limited to:

(a)

Removal of RWECF, any equipment shelters and security barriers from the subject property; and

(b)

Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations; and

(c)

Restoring the location of the RWECF to its natural condition, except that any landscaping and grading shall remain in the after-condition.

The city retains the right to enter and remove an abandoned or hazardous RWECF that is not removed by the property owner within six (6) months from the date of abandonment. All RWECF removal and associated costs will be charged to the property owner as a tax lien on the property.

5.23.5 LAPSE of SPECIAL PERMIT

Any special permit granted under this subsection shall lapse if construction of the RWECF is not commenced within two years following the date of its issuance, unless good cause for failure to begin construction can be shown by the applicant to the Zoning Board of Appeals prior to the expiration of the Special Permit. Financial ability shall not be considered cause for delay.

5.23.5 [5.23.6] SEVERABILITY

The provisions of this section are severable and, in the event that any provision of this section is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.

(Adopted May 15, 2007; Ord. of 11-13-2018(2))

5.24.1 Purposes and Intent

The purposes of this Section 5.24 are to:

(a)

Create the opportunity for accessory dwelling units (ADU) in Gloucester's residential neighborhoods;

(b)

Increase diverse housing options while respecting the residential character of Gloucester neighborhoods;

(c)

Add rental units to Gloucester's housing;

(d)

Encourage a more economic and energy-efficient use of the City's housing supply; and

(e)

Provide homeowners with a means of obtaining rental income to defray housing costs.

5.24.2 Procedural Requirements

(a)

The Building Inspector shall administer and enforce the provisions of this Section 5.24.

(b)

Prior to issuance of a building permit for an ADU, the applicant shall submit a site plan, floor plans, and elevations to the Building Inspector showing the proposed interior and exterior changes to existing buildings or new building and improvements on a lot associated with a proposed ADU.

5.24.3 General Requirements for Accessory Dwelling Units

(a)

The owner(s) of the single-family dwelling in which the accessory dwelling unit is created must continue to occupy one of the units as their residence, except for bona fide temporary absences.

(b)

Where the ADU or the principal dwelling is occupied as a rental unit, the minimum occupancy or rental term shall be 30 days. No ADU shall be use for boarding or lodging purposes or used as a rental unit on a weekly or daily basis.

(c)

There shall be one off-street parking space for the ADU in addition to off- street parking spaces required for the principal dwelling. The parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway. No parking shall be located between the front building line of the principal dwelling and the front lot line except in the existing driveway.

(d)

Where the driveway is located within 10 feet of the side lot line, at least four feet of the driveway side yard, measured from the side lot line, shall be a landscaped buffer zone within which parking shall be prohibited. The landscape buffer zone shall be sufficient to screen the parking from the abutting property

(e)

There shall not be more than one ADU on a lot. ADUs shall not be eligible for zoning dimensional variances proposing to increase the allowable number of ADUs on a lot. No ADU shall be separated from the principal dwelling through a condominium or cooperative conversion process or be held in separate ownership from the principal dwelling unit on the lot.

(f)

The construction of any ADU shall conform with the State Building Code and Title V of the State Sanitary Code, and shall be lawful under all other provisions of applicable health, building, zoning and other local laws and regulations.

(g)

The Planning Board shall have authority to adopt an ADU guidance document providing interpretation and guidelines to administer this Section 5.24.

5.24.4 Standards for Attached ADUs

An Attached ADU that conforms to all of the following requirements shall be permitted as an accessory use in any district in an owner-occupied, lawfully existing detached single-family dwelling.

(a)

The ADU shall be located entirely inside the single-family structure, except as provided for in 5.24.4(c).

(b)

The accessory dwelling unit shall be designed to maintain the appearance of a single-family dwelling, subject to the following requirements.

1.

The accessory dwelling unit shall be a maximum of 50 percent of the habitable floor area of the single-family dwelling, or 900 square feet, whichever is less. Garages, unfinished attics and basements, common entries, porches, and decks shall not be included in the floor area calculations of the principal dwelling. Once an ADU has been added to a single-family dwelling or lot, the ADU shall not be enlarged beyond the size limits set by this section.

2.

All stairways to an ADU above the first floor shall be enclosed within the exterior walls of the single-family structure or on the rear of the structure if constructed on an outer wall.

3.

Where two or more entrances exist on the front facade of the single-family dwelling, one entrance shall appear to be the principal entrance and other entrances shall appear to be secondary. In the alternative the ADU may be accessed by a side or rear entry.

(c)

Exterior alterations are permitted provided they are in keeping with the architectural integrity of the structure, including, but not limited to, the following considerations:

1.

The exterior finish material should be the same or visually consistent in type, size, and placement, as the exterior finish material of the remainder of the building;

2.

Trim should be consistent in type, size, and location as the trim used on the remainder of the building;

3.

Windows should be consistent with those of the remainder of the building in proportion and orientation;

4.

Exterior staircases should be designed to minimize visual intrusion and be complementary to the existing building.

5.24.5 Standards for Detached ADUs

(a)

A Detached ADU shall be maximum of 900 square feet or 50 percent of the total habitable space of the principal dwelling, whichever is less.

(b)

Alterations to an existing accessory structure or the creation of a new accessory structure for a Detached ADU are permitted provided they are in keeping with the architectural integrity of the existing principal dwelling on the lot and the residential character of the neighborhood. The exterior finish material should be the same or visually compatible in type, size, and placement, as the exterior finish material of the principal dwelling unit on the site.

(c)

For new construction of a Detached ADU, the building shall comply with the district's minimum setback requirements for accessory structures. The maximum height of the building shall be:

i

20 feet if the structure meets the normal accessory building setbacks, or

ii

24 feet if the structure meets the normal principal dwelling setbacks.

5.24.6 Special Permit for ADU

(a)

The Zoning Board of Appeals may grant a special permit for an ADU that does not meet the above requirements provided the Board finds that the proposed ADU meets the purposes of this Section 5.24 and will not have a detrimental impact on the neighborhood.

(b)

ADUs shall not be eligible for use variances or for zoning dimensional relief by variance or special permit for the purpose of allowing more than one ADU on a lot.

5.24.7 Provision for ADUs under Prior Special Permits

An accessory dwelling unit that exists under and conforms to the conditions of a special permit granted by the Zoning Board of Appeals prior to [the effective date of this section] shall be deemed a permitted accessory use under this Section 5.24.

(Ord. No. 2021-085, 5-25-2021)

5.25.1 Purpose

It is the purpose of the Hotel Overlay District (HOD) to encourage the use of property within its boundaries for a Hotel, as defined in Section 5.25.3, which has long been lacking in the downtown area. The HOD is designed to strengthen the area's existing uses and infrastructure by permitting the development of a Hotel, consistent with the goals of the City's planning, including but not limited to the City's Harbor Plan (December 2009) and the Gloucester Harbor Economic Development Plan (May 2011). Among the objectives of the HOD are:

(a)

To facilitate development in the HOD of a Hotel together with uses accessory thereto;

(b)

To stimulate the general economy of the City by creating jobs and generating real estate and other tax revenue;

(c)

To encourage the appropriate use of land;

(d)

To provide public access to open space.

5.25.2 Overlay District

5.25.2.1 Definitions

For the purposes of the HOD only, "Hotel" shall be defined as follows:

A structure or structures providing not less than 80 sleeping rooms for residents of transient guests, which also provides one or more of the following: parking facilities and/or parking structure, restaurant (with or without outdoor seating), meeting/conference/event facilities, fitness center, pool or other recreational facilities (indoor or outdoor), spa, retail sales, retail services and such other amenities and uses as may commonly be found in hotels.

For the purposes of the HOD only, "Guest Unit" shall be defined as follows:

A bedroom or suite of rooms, including a bedroom, in a Hotel, as defined in this Section 5.25, to be rented as a separate unit to transient guests.

5.25.2.2 Map

The HOD is an overlay district which encompasses land shown on Gloucester Assessors' Map 1, Lot 33. The land in the HOD is shown on the map entitled "Exhibit to Accompany an Amendment to the Gloucester Zoning Ordinance - Hotel Overlay District" dated May 2, 2012, incorporated herein by reference and hereby made a part of the City's official zoning map. A copy of said map is on file with the City Clerk's Office and the Community Development Department.

5.25.2.3 Establishment

The HOD is an overlay district superimposed on the underlying zoning district and the land affected thereby. The underlying zoning shall remain in full force and effect. To the extent that any provision in this Section 5.25 is in contradiction or conflicts with any other provision of this ordinance, the provisions of this Section 5.25 shall control.

5.25.2.4 Applicability

The City Council shall be the special permit granting authority for special permits granted pursuant to this Section 5.25, and such special permits shall satisfy the criteria set forth in this Section 5.25. Notwithstanding the foregoing, Section 5.18 of this ordinance. Footnote 1 in Section 2.3.1, Footnote 1 in Section 2.3.4 and, Footnote 1 in Section 2.3.7 shall not be applicable to any Hotel use or uses accessory thereto, proposed to be made pursuant to this Section 5.25.

Notwithstanding anything to the contrary contained in this ordinance, in any instance where the City Council has jurisdiction to issue a special permit for a Hotel pursuant to this Section 5.25, it shall also be the sole special permit granting authority for all other special permits required by this ordinance for such use and/or development. The Planning Board shall continue to be the issuer of any decisions relating to site plan approval under Section 5.8 of this ordinance.

5.25.2.5 Standard to be Applied

Special Permits under this Section 5.25 shall be granted under the standards of Section 1.8.3 (Special Permits), Section 5.7.5 (Major Projects), Section 5.5.4 (Lowlands), Section 3.1.6 (Height), Section 4.1 (Off-Street Parking) and Section 4.3 (Signs).

5.25.3 Uses

5.25.3.1 Uses Allowed by Right

Uses allowed by right in the underlying zoning district shall be allowed by right in the HOD.

5.25.3.2 Uses Authorized by Special Permit

In addition to the uses permitted as of right or by special permit in the underlying zoning district(s), the following uses shall be permitted subject to the issuance of a special permit issued by the City Council:

(a)

Hotel, as defined in 5.25.2.1; and

(b)

The accessory uses authorized by the definition of "accessory use" in Section VI and by Section 2.3 of this ordinance, and other uses customarily accessory to a Hotel, whether or not specifically mentioned in Section 2.3.

5.25.3.3 Prohibited Uses

Any use not specifically allowed by right or by special permit within the HOD as provided in Section 5.25.3.1 and 5.25.3.2 or in the underlying zoning district[s] is prohibited, and any such prohibited use can only be authorized by a use variance from the Zoning Board of Appeals.

No Hotel, or portion thereof, shall be used as a condominium, cooperative, time share, and no guest shall be permitted to occupy a room for a period of time in excess of 90 consecutive days. No casino is allowed in the HOD.

5.25.4 Dimensional Requirements

5.25.4.1 Dimensional Table

All buildings and structures permitted pursuant to the HOD shall conform to the following dimensional requirements, which requirements shall be deemed to be a part of Section 3.2.6 under an HOD designation:

(f)

In the HOD District, Lot Area shall be defined as the horizontal area of a lot, exclusive of any street or way open to public vehicular use. In calculating lot area in the HOD District, land below elevation 7.0 (NAVD 1988) shall be excluded from Lot Area.

(g)

In the HOD District, a yard of ten feet from a lot line shall be provided when a building on an adjacent lot and existing at the time of the adoption of this Section 5.25, is located within ten feet of that lot line.

(h)

In the HOD District, Building Height for a Hotel shall not include (a) mechanicals, (b) other non-habitable rooftop structures or (c) non-habitable towers or other architectural features which do not have a footprint greater than 400 s.f. and do not exceed the ridge height of a Hotel by more than 20 feet. Building Heights greater than 40 feet for a Hotel or tower heights greater than 20 feet above ridge height of a Hotel may be authorized by Special Permit issued by the City Council, using the standards as provided in Section 3.1.6 of the Ordinance.

5.25.5 Off-Street parking and Loading Requirements

5.25.5.1 Off-Street Parking Requirements

The parking requirement for a Hotel within the HOD shall require a minimum of one space per guest unit plus one space for each three employees working during the largest shift, with no additional parking required for any use determined by the City Council to be accessory to a Hotel. If a proposed Hotel within the HOD does not conform with any parking provision in this ordinance, the special permit granting authority may authorize such nonconformance by the grant of a special permit under the standard set forth in Section 4.2.1. Without limiting the generality of the foregoing, the special permit granting authority may grant a special permit to authorize shared, valet and/or tandem parking, on and off-site, regardless of the distance of the off-site parcel from the principal use and to modify the design and layout standards of Section 4.1.4.

In connection with any special permit application hereunder, the special permit granting authority may allow by special permit the use of a lot off-site to provide parking accessory to a Hotel located within the HOD, provided that such off-site lot is not located within a residential district, and a Hotel use on such off-site lot is allowed as of right or by special permit. Such off-site lot(s) may be a shared lot, served by a valet and/or may have tandem parking if so authorized by the special permit granting authority.

5.25.5.2 Off-Street Loading Requirements

The loading requirements for a Hotel within the HOD shall require a minimum of one loading bay.

5.25.6 Signs

Section 4.3 of this ordinance shall govern signage in the HOD.

5.25.7 Submissions

5.25.7.1 Contents

Any application for a special permit under the HOD shall include a plan or plans with the information required by Section 1.5.3(c) and 1.5.3(d)of this ordinance, being the submittal requirements for "CCS" special permits and for a Major Project (See Section 5.7.1). In addition, any other special permits required pursuant to this ordinance, for which the City Council is designated under this Section 5.25 as the special permit granting authority, shall include the information required in this ordinance. Review of an application for a special permit shall comply with the procedural requirements of Section 1.5 of this ordinance as applicable to City Council special permits, including the requirements of notice and a public hearing and deadline for the same and for the issuance of a decision thereon.

5.25.7.2 Lowland Requirements Applicability

Any application hereunder shall conform to the requirements of Section 5.5.4 of this ordinance, as applicable.

5.25.7 [5.25.8] Relief by Special Permit

Except as provided in Section 5.25.3.3, in any instance where a Hotel, including any uses determined by the City Council to be accessory uses to a Hotel, does not comply with any provisions of this Section 5.25 or with respect to any provision of this ordinance other than those contained in Section II, regulating use, the City Council is authorized to issue zoning relief for such non-compliance by the issuance of a special permit. In granting a request for a special permit, the City Council may condition its grant on the provision of certain open space, or traffic or pedestrian improvements or other amenities.

(Ord. of 5-8-2012(1))

5.26.1 Purpose

It is the purpose of the 107 & 125 Atlantic Road Hotel Overlay District ("ARHOD") to encourage the continued use of properties within its bounds for a hotel, motel, or motor inn (hereinafter singularly or collectively referred to as a "Hotel"). The ARHOD is designed to encourage expansion of the area's existing uses and economic vitality by permitting the alteration, expansion, or replacement of existing Hotels and supporting uses, consistent with the goals of the City. Among the objectives of the ARHOD are:

(a)

To facilitate the alteration, expansion, replacement of existing or new Hotels in the ARHOD together with uses accessory thereto;

(b)

To stimulate the general economy of the City by creating jobs and generating real estate and other tax revenue; and

(c)

To encourage the appropriate use of land.

5.26.2 Overlay District

5.26.2.1. Map

The ARHOD is an overlay district that encompasses land shown on Gloucester Assessors' Map 72, Lots 1 and 3. Such land is also shown on the map entitled "Structure Location Plan at 107 & 125 Atlantic Road, Located in Gloucester, MA," dated September 21, 2012, incorporated herein by reference and hereby made a part of the City's official zoning map.

5.26.2.2 Establishment

The ARHOD is an overlay district superimposed on the underlying zoning district(s). The underlying zoning shall remain in full force and effect. To the extent that any provision in this Section 5.26 is in contradiction or conflicts with any other provision of this ordinance, the provisions of this Section 5.26 shall control.

5.26.2.3 Applicability

The City Council shall be the special permit granting authority for any required special permits granted pursuant to this Section 5.26, and the issuance of such special permits shall satisfy the procedural criteria set forth in this Section 5.26 and other relevant sections of this Ordinance.

5.26.2.4 Standard to be Applied

Special Permits required under this Section 5.26 shall be granted under the standards of Section 1.8 (Special Permits) and Section 5.7 (Major Projects).

5.26.3 Uses

5.26.3.1 Uses Allowed by Right

(a)

Uses allowed by right in the underlying zoning district(s) shall continue to be allowed by right in the ARHOD.

(b)

Existing principal Hotel uses and existing uses accessory or incidental to a Hotel use shall also be allowed by right.

5.26.3.2 Uses Authorized by Special Permit

In addition to the uses permitted by right or by special permit in the underlying zoning district(s), the following uses shall be permitted subject to the issuance of a Special Permit issued by the City Council:

(a)

Alterations, expansions, or replacement of an existing Hotel; and

(b)

New independent accessory uses and other new uses customarily accessory to or incidental to a Hotel use.

5.26.3.3 Prohibited Uses

Any use not specifically allowed by right or by Special Permit within the ARHOD or in the underlying zoning district(s) is prohibited.

5.26.4 Dimensional Requirements

5.26.4.1 Dimensional Table

All buildings and structures permitted pursuant to the ARHOD shall conform to the following dimensional requirements, which shall be incorporated into a separate table under ARHOD:

(i)

Or, at the option of the land owner, a contiguous area of "open space," as currently defined in this Ordinance of not less than 10,000 square feet all located in the front yard of the premises.

(ii)

Or the setback existing on site on the date of the adoption of this amendment to the Zoning Ordinance, whichever is less. For new construction outside the footprint of the buildings that exist as of the date of the adoption of this Section 5.26, the setbacks listed above shall apply.

(iii)

For the purpose of alterations, expansions, or replacement of an existing Hotel pursuant to Section 5.26.3.2(a) only: if a side yard abuts a lot containing a one- or two-family residential dwelling, the setback for an addition to a Hotel higher than the existing height of the Hotel building as of the date of the adoption of this Section 5.26, but not for any addition to or alteration or replacement of the Hotel at or below the existing height, from only the side yard property line that abuts the lot containing the one- or two-family dwelling, shall be 75 feet.

Additionally, any such upper portion set back from a side yard property line pursuant to this footnote shall not contain any windows facing that side yard unless installed for ventilation purposes only.

(iv)

In the ARHOD, features such as chimneys, skylights, television antennae, and building mechanicals shall not be included in the determination of building height. The City Council may authorize an increase in building height above the maximum by special permit pursuant to Section 3.1.6.

(v)

For principal buildings existing on site on the date of the adoption of this Section 5.26:10 feet or whatever currently exists on site on the date of the adoption, whichever is less. For new construction, no principal building shall be closer to another principle building on the same site than the sum of their respective heights; provided however, that the City Council may by special permit authorize a reduction in said distance upon a finding that such reduction does not pose an impediment to service access or access for public safety.

5.26.5 Off-Street Parking Requirements

5.26.5.1 Off-Street Parking Requirements

The minimum parking requirements for an existing Hotel within the ARHOD shall be the number of parking spaces on site on the date of the adoption of this amendment to the Zoning Ordinance, which shall be verified by the Building Inspector. With respect to any alteration, expansion, or replacement of an existing Hotel, the minimum number of required parking spaces shall be the sum of the actual number of spaces required under Section 4.1.2(b) of this Ordinance for the existing Hotel and any additional required spaces due to the alteration, expansion, or replacement, but in no circumstances less than the minimum number of spaces existing upon the date of the adoption of this amendment to the Zoning Ordinance.

If a proposed alteration, expansion, or replacement of an existing Hotel does not conform with any parking provision in this ordinance, the special permit granting authority may authorize such nonconformance by the grant of a special permit.

5.26.6 Submissions

5.26.6.1 Contents

Any application for a special permit required under the ARHOD shall include a plan with the information required by Section 1.5.3(c) of this ordinance, being the submittal requirements for "CCS" special permits, unless the proposed use is a Major Project (see Section 5.7.1), in which case, the application shall comply with the requirements of Section 1.5.3(d) of this ordinance. In addition, any other special permits required pursuant to this ordinance, for which the City Council is designated as the special permit granting authority, shall include the information required in this ordinance.

Review of an application for a special permit shall comply with the procedural requirement of Section 1.5 of this ordinance as applicable to City Council special permits, including the requirements of notice and a public hearing and deadline for the same and for the issuance of a decision thereon.

5.26.7 Relief by Special Permit

In any instance where a Hotel development does not comply with any provision of this Section 5.26 or any other provision of this ordinance, the City Council is authorized to issue zoning relief for such noncompliance by special permit(s) and not variance(s).

(Ord. of 10-23-2012(1))

5.27.1 Definitions.

A "Medical Marijuana Treatment Center" is defined in Section VI of this ordinance.

A "Medical Marijuana Cultivation Facility" is defined in Section VI or this ordinance.

5.27.2 Purpose.

It is the purpose of this ordinance to establish specific standards and procedures for local permitting of medical marijuana dispensaries, medical marijuana infused products, manufacturers and medical marijuana cultivation operations.

The provisions of this ordinance have neither the purpose nor intent of imposing a limitation on the content of any communicative matter or materials. Similarly, it is not the purpose or intent of this ordinance to restrict or deny access by adults to Medical Marijuana Treatment Centers or to other related matter or materials that are protected by the Constitution of the United States of America or of the Commonwealth of Massachusetts, nor to restrict or deny rights that distributors of such materials may have to sell or distribute such materials. Neither is it the purpose or intent of this Ordinance to legalize the sale, rental, or distribution of illicit or other illegal matter or materials.

5.27.3 General.

Medical Marijuana Treatment Centers and Medical Marijuana Cultivation Facilities may be authorized by Special City Council Permit as set forth in Table 2.3.2 (Community Service Use). An application for a Medical Marijuana Treatment Center or Medical Marijuana Cultivation Facility shall follow the procedural requirements and standards of Section 5.7 Major Project and such application shall be required to obtain a Site Plan Approval from the Gloucester Planning Board pursuant to Section 5.8 of the Gloucester Zoning Ordinance. The following regulations shall also apply to Medical Marijuana Treatment Centers as defined in this Ordinance

5.27.4 Prohibition.

No permit for a Medical Marijuana Treatment Center or Medical Marijuana Cultivation Facility shall be issued to any person convicted of violating the provision of G.L. c. 119, s. 73, or G.L. c. 94C or similar laws in other jurisdictions. Any applicant for permit, or operators at a facility approved under this Ordinance must allow for a criminal background check, which includes jurisdictions beyond the Commonwealth of Massachusetts.

5.27.5 Separation.

No Medical Marijuana Treatment Center or Medical Marijuana Cultivation Facility shall be located within fifteen hundred (1,500) linear feet of;

1.

Any school or child care establishment; or

2.

Any area where large numbers of minors regularly congregate; or

3.

Any other Medical Marijuana Treatment Center or Medical Marijuana Cultivation Facility; or

4.

Any church or other structure used in whole or in part all the time or part of the time for religious or spiritual services; or

5.

Any establishment licensed under the provisions of GL.c. 138, s.12. No Medical Marijuana Treatment Center or Medical Marijuana Cultivation Facility shall be located within five hundred (500) linear feet from the property line of any residentially zoned property.

Distances shall be calculated by direct measurement from the nearest property line of the land used for purposes described above to the nearest portion of the building in which the Medical Marijuana Treatment Center or Medical Marijuana Cultivation Facility is located, using a route of direct pedestrian access.

5.27.6 Conflict of Laws.

In the event of any conflict between the provisions of this Ordinance and any other applicable state or local law, the stricter provision, as deemed by the City Solicitor, shall control.

5.27.7 Signage.

Any permitted Medical Marijuana Treatment Center or Medical Marijuana Cultivation Facility shall comply with the requirements of the city sign ordinances at all times. In addition, no permitted medical marijuana distribution site shall use any advertising material that is misleading, deceptive, or false or that is designed to appeal to minors upon penalty of permit revocation.

5.27.8 Manufacturing.

A local permit for medical marijuana infused product manufacturing may be issued in any location where commercial manufacturing of products is permitted by the zoning ordinance. Any such facility must be directly attached to the Medical Marijuana Treatment Center or Medical Marijuana Cultivation Facility with which it is associated.

5.27.9 Issuance/Transfer/Discontinuance of Use.

1.

A special permit shall be valid only for the registered entity to which the approval was issued and only for the site on which the Medical Marijuana Treatment Center or Medical Marijuana Cultivation Facility has been authorized.

2.

A special permit shall be non-transferable and shall have a term limited to the applicant's ownership or control of the premises as a Medical Marijuana Treatment Center or Medical Marijuana Cultivation Facility.

3.

Permitted Medical Marijuana Treatment Center or Medical Marijuana Cultivation Facilities shall file an annual report to the City Council no later than January 31st, providing a copy of all current applicable state licenses for the facility and/or its owners and demonstrating continued compliance with the conditions of the special permit.

4.

A special permit shall lapse if the applicant ceases operation of the Medical Marijuana Treatment Center or Medical Marijuana Cultivation Facility and/or if the applicants' registration by the Department of Public Health (DPH) has been revoked, expires, is terminated, is transferred to another controlling entity or is relocated to a new site.

5.

The applicant shall notify the Inspector of Buildings and City Council in writing within 48 hours of such lapse, cessation, discontinuance, expiration, revocation or transfer.

6.

A Medical Marijuana Treatment Center or Medical Marijuana Cultivation Facility shall be required to remove all material, plants, equipment and other paraphernalia in compliance with 105 CMR 725.105, prior to expiration of its DPH registration or immediately following revocation or voiding of its DPH registration, or upon ceasing its operation.

5.27.10 Notification.

Any new application sought under this Ordinance must be publically advertised for a period of no less than fourteen (14) days. Abutters within four hundred (400) feet must be notified in writing of said application, and include any and all dates for public hearings on said application.

(Ord. of 5-10-2016(1))

5.28.1 Purpose.

The purpose of the Atlantic Road Overlay District is to protect the coastal shoreline known as Gloucester's Back Shore, in order to minimize potential loss of life, destruction of property and environmental damage inevitably resulting from storm, erosion, and current and future flooding.

5.28.2 Map.

The Atlantic Road Overlay District is an overlay district that encompasses land on the water side of Atlantic Road from the intersection of Grapevine Road (including Assessor's Map 76, Lot 57) to the intersection of Bass Rocks Road (including Assessor's Map 69, Lot 1). Such land is also shown on the map entitled, "Atlantic Road Overlay District, Located in Gloucester, MA," dated November 3, 2015, incorporated herein by reference and hereby made part of the city's official zoning map.

5.28.3 Uses.

No building permit shall be issued for construction in the AROD except on the approval of a Special Permit issued by the City Council. Special Permits granted under this section shall be subject to the procedural requirements and standards in Section 1.8 and to any other sections of the Zoning Ordinance which the Council may determine applies.

(Ord. of 12-15-2015(1))

5.29.1 Purpose.

It is the purpose of the Mixed Use Overlay District (MUOD) to encourage the use of property within its boundaries for mixed use development, including profit and non-profit uses. More specifically, the MUOD is designed to promote retail, commercial, business, residential, recreational and/or community service uses benefiting the residents of the City of Gloucester ("MUOD Purposes"). Among the objectives of the MUOD are:

(a)

To facilitate development in the MUOD that will create a cohesive sense of place consistent with the MUOD Purposes, create connections among uses, and that accommodates pedestrian traffic yet remains sensitive to vehicular traffic needs by providing efficient parking, including shared parking, on and off site, when appropriate and for the purpose of reducing impervious surfaces;

(b)

To encourage the appropriate use of land by balancing a variety of uses that are compatible with the predominate surrounding uses and areas in terms of scale, activities, appearance and site design, with sensitivity to other uses in the area;

(c)

To create a compact and efficient design where working, shopping, living, and recreating can co-exist to ensure long term self-sufficiency and financial return to the City;

(d)

Shared parking is encouraged; and

(e)

To stimulate the general economy of the City by creating jobs and generating real estate and other tax revenue.

5.29.2 Overlay District.

5.29.2.1

Definitions

For the purposes of the MUOD the definitions set forth in this ordinance shall apply except as follows:

Lot Area: The horizontal area of a lot, exclusive of any area in a street or way open to public use. In calculating lot area for multi-family residential dwellings, not more than ten percent (10%) of the area required by Section 3.2 shall be a brook, stream, river, pond, water-filled quarry, lake, estuary, bank, fresh water wetland, coastal wetland, beach, dune, flat, marsh, wet meadow or swamp, or any land subject to tidal action, coastal storm flowage, flooding or inundation, as defined at Section 12-11 of the City of Gloucester Code of Ordinances. In calculating lot area for all other residential and non-residential buildings, and only in the case of the laying out of new lots, not more than twenty-five percent (25%) of the lot area required by Section 3.2 shall be a brook, stream, river, pond, water-filled quarry, lake, estuary, bank, fresh water wetland, coastal wetland, beach, dune, flat, marsh, wet meadow or swamp, or any land subject to tidal action, coastal storm flowage, flooding or inundation, as defined at Section 12-11 of the City of Gloucester Code of Ordinances. Notwithstanding the provisions of this section, any area denoted as FEMA "Special Flood Hazard Zone" or "Flood Zone X" shall be included in the lot area calculation without limitation.

5.29.2.2

Map

The MUOD is an overlay district which encompasses land shown on Gloucester Assessors' Map 262, Lot 14; Map 262, Lot 37; Map 43, Lot 4; and Map 43, Lot 5. The land in the MUOD is shown on the map entitled "Exhibit to Accompany an Amendment to the Gloucester Zoning Ordinance Mixed Use Overlay District" dated December 28, 2016 incorporated herein by reference and hereby made a part of the City's official zoning map. A copy of said map is on file with the City Clerk's Office and the Community Development Department.

5.29.2.3

Establishment

The MUOD is an overlay district superimposed on the underlying zoning district and the land affected thereby. The underlying zoning and all permitted uses existing on this date, whether by permit or as of right, shall remain in full force and effect, except as otherwise stated herein. To the extent that any provision in this Section 5.29 is in contradiction or conflicts with any other provision of this ordinance, the provisions of this Section 5.29 shall control. Nothing in the MUOD shall restrict the rights of any owner who elects to utilize the existing underlying zoning district regulations to develop and redevelop land.

5.29.2.4

Applicability

The City Council shall be the special permit granting authority for special permits granted pursuant to this Section 5.29, and such special permits shall satisfy the criteria set forth in this Section 5.29.

Notwithstanding anything to the contrary contained in this ordinance, in any instance where the City Council has jurisdiction to issue a special permit pursuant to this Section 5.29, it shall also be the sole special permit granting authority for all other special permits required by this ordinance for such use and/or development, except that the Planning Board shall remain the permit granting authority for site plan approval under Section 5.8 of this ordinance. Within fourteen (14) days of receipt of an application for a special permit under this MUOD, the City Council shall refer the application to the Planning Board for review and recommendation, which recommendation shall be made no later than ninety (90) days after the City Council's referral without mutual agreement of the extension of such time.

5.29.2.5

Standard to be Applied

Except as otherwise set forth herein, Special Permits under this Section 5.29 shall be granted under the standards of Section 1.8.3 (Special Permits); Section 3.1.6 (Height); Section 4.1 (Off-Street Parking); Section 4.3 (Signs); Section 5.7.5 (Major Projects); and Section 5.17 (Drive-through facilities).

5.29.2.6

Design Standards

In its grant of a Special Permit under this Section 5.29, the City Council shall consider the following in its decision making:

1.

Overall layout and design that creates a cohesive sense of place consistent with the MUOD Purposes, connections among site uses, and that accommodates pedestrian traffic in a manner that is consistent with the proposed project.

2.

Provision of efficient parking, reasonably adequate for the contemplated uses, including shared parking, on and off-site, when appropriate and to reduce the number of impervious surfaces. When appropriate the City Council may require that the applicant provide documentation reasonably satisfactory to it evidencing a shared parking or off-site parking arrangement.

3.

Compact and efficient site design with clearly articulated and marked building entrances, as well as public spaces within the site that promote the connection of uses within the site.

4.

Design of landscaping elements that present a pleasant, well-designed appearance during all seasons, such as plantings of different types and sizes to create an attractive landscaping consistent with native New England character.

5.

Use of landscape design to minimize the appearance of electrical transformers, site mechanical equipment and loading/service areas.

6.

Utility feeds shall be underground, unless precluded by the utility supplier, or if conditions are encountered that could not have been reasonably expected by the developer, or when the cost of underground utility feeds outweigh the benefit. Notwithstanding this provision, up to three overhead utility poles may be installed along the westerly boundary of the MUOD that abuts the Route 128 layout.

7.

Employment of high quality and durable building materials consistent with comparable buildings of the similar type and use.

5.29.3 Uses.

5.29.3.1

Uses Allowed by Right

Uses allowed by right in the underlying zoning districts shall be allowed by right in any portion of the MUOD except for the following uses that shall be prohibited:

New or conversion to one-family or two-family dwelling with or without changes to the exterior dimensions of the building.

Open Space Residential Development (See Section 5.15)

Golf Course, standard or par-three

5.29.3.2

Uses Allowed by Special Permit in Underlying Zoning District

All uses allowed by special permit in the underlying zoning districts shall be permitted in the MUOD subject to the issuance of a special permit issued by the City Council in accordance with the provisions of this Section 5.29 or by utilizing the existing underlying zoning districts' regulations to develop and redevelop land, except that the following uses are prohibited:

Conversion to or new multi-family or apartment dwelling with less than twenty-five dwelling units

Conversion to or new mixed-use building with less than twenty-five dwelling units

Cluster Development

Boarding house, rooming house, lodging house or hostel, licensed by the Licensing Board

Mobile home park

Campground

Cemetery

Riding school, stable

Land based wind energy conversion facilities and temporary monitoring facilities related thereto

Airport, Heliport

Outdoor Golf Driving Range, Drive-in Theater, Amusement Park, race track or other similar commercial outdoor recreation

Junk Yard

5.29.3.3

Additional Uses

In addition to the uses permitted under Section 5.29.3.1 and 5.29.3.2, the following uses shall be permitted in the MUOD subject to the issuance of a special permit issued by the City Council in accordance with the provisions of this Section 5.29:

Golf driving range — indoor only

New or conversion to office building

Bank, automatic teller machines

Restaurant w/ or w/o outdoor seating and w/or w/o takeout

Feed or building materials establishment

Laundry, laundromat or dry cleaning establishment

Shopping Center

Automatic amusement devices

Drive-through facility

Philanthropic institution or other non-profit organization.

Retail, consumer service or other non-industrial business use, other than those listed in Section 2.3.4, Use Nos. 1—24

Wireless Communication Facility

5.29.3.4

Prohibited Uses

Any use not specifically allowed by right or by special permit within the MUOD as provided in Section 5.29.3.1, 5.29.3.2, 5.29.3.3 or in the underlying zoning districts is prohibited, and any such prohibited use can only be authorized by a use variance issued by the Zoning Board of Appeals.

5.29.4 Dimensional Requirements.

5.29.4.1

Dimensional Table

All buildings and structures permitted pursuant to the MUOD shall conform to the following dimensional requirements, which requirements shall be deemed to be a part of Section 3.2.6 under an MUOD designation:

(i)

In the MUOD District, notwithstanding any other provision of the Ordinance, more than one principal building may be constructed on one lot as of right. All other dimensional requirements of the MUOD shall be complied with.

(j)

In the MUOD District, Lot Area shall be defined as the horizontal area of a lot, exclusive of any public way, but inclusive of parking and other travel lanes.

(k)

In the MUOD District, Lot Frontage shall be defined to include the width of any parking or other travel lanes that divides the Lot.

(l)

In the MUOD District, Building Height shall be defined as follows: The vertical height from the finished grade at the center of the front of the building to the highest point of the roof surface, if a flat roof; to the deck line for mansard roofs; and to the mean height between eaves and ridges for gables, hip, and gambrel roofs. Not included in the determination of height (a) mechanicals and antennae, (b) other non-habitable rooftop structures or (c) non-habitable towers or other architectural features which do not have a footprint greater than 400 SF and do not exceed the ridge height of a building or structure by more than 12 feet.

5.29.5 Height Requirements.

Notwithstanding the provisions of Section 3.1.6 (Height) of this ordinance, building heights in excess of the limits set forth in Section 5.29.4 of the MUOD may be authorized pursuant to the following special permit procedure; provided, however, that in no case shall such increase in allowable height be greater than allowed by the State Building Code and other state and municipal regulations.

Building heights in excess of the requirements set forth in Section 5.29.4 of the MUOD may be authorized by special permit issued by the City Council. Said permit shall contain such conditions as the City Council deems necessary, and shall only issue upon a written determination by the City Council that such increase in allowable height is consistent with neighborhood character and will not be substantially detrimental to the neighborhood because of obstruction of views, overshadowing of other properties, impairment of utilities or other adverse impacts.

5.29.6 Off-Street Parking and Loading Requirements.

5.29.6.1

Off-Street Parking Requirements

The parking requirements within the MUOD shall be as set forth in section 4.1 of this ordinance except as follows:

(a)

Residential: minimum of 1.50 spaces for each dwelling unit;

(b)

All other uses allowed as of right or by special permit in the MUOD under this section 5.29: Minimum of 1.00 space for each 260 SF of floor area exclusive of basement.

The parking requirements in the MUOD may be met through shared parking on or off-site. No additional parking shall be required for any use determined by the City Council to be accessory to a use allowed in the MUOD.

If a proposed use within the MUOD does not conform with any parking provision in this ordinance, the City Council may authorize such nonconformance by the grant of a special permit under the standard set forth in Section 4.1.2. Without limiting the generality of the foregoing, the City Council may grant a special permit to authorize valet and/or tandem parking, on and off-site, regardless of the distance of the off-site parcel from the principal use and to modify the design and layout standards of Section 4.1.4.

5.29.6.2

Off-Street Loading Requirements

Notwithstanding the provisions of Section 4.2 of the Ordinance, in the MUOD for any retail or commercial building with gross floor area of more than 5,000 SF but not more than 40,000 SF one (1) loading bay will be required and may be used to service all uses within that building regardless of the number of uses and/or tenants. The loading bay may be located within the building or outside and adjoining any opening in the building, except for the primary front elevation. This provision does not preclude the designation of a loading area at the front entrance, but such designation shall not satisfy the requirements of this section. Notwithstanding the provisions of Section 4.2 of the Ordinance, in the MUOD no loading bay shall be required for any building utilized for any other use, including Philanthropic Institution or Other Non-Profit Organization, Consumer Service or Public, Religious, or Other Non-Profit School, Building or Use.

5.29.7 Signs.

Section 4.3 of this ordinance shall govern signage in the MUOD.

5.29.8 Drive-through Facilities.

Notwithstanding the provisions of Section 5.17 of this ordinance, the dimensional requirements for a drive-through in the MUOD shall be as set forth in the Dimensional Table above in Section 5.29.4.1. All other provisions of Section 5.17 of this ordinance shall apply.

5.29.9 Submissions.

5.29.9.1

Contents

Any application for a special permit under the MUOD shall include a plan or plans with the information required by Section 1.5.3(c) and 1.5.3(d) of this ordinance, being the submittal requirements for "CCS" special permits and for a Major Project (See Section 5.7.1). Even if a project is comprised of several parcels and uses, the applicant may file a single application for the project. In addition, any other special permits required pursuant to this ordinance, for which the City Council is designated under this Section 5.29 as the special permit granting authority, shall include the information required in this ordinance, unless otherwise exempted under this Section 5.29. Review of an application for a special permit shall comply with the procedural requirements of Section 1.5 of this ordinance as applicable to City Council special permits, including the requirements of notice and a public hearing and deadline for the same and for the issuance of decision thereon.

5.29.10 Relief by Special Permit.

Except as provided in Section 5.29.3.4, in any instance where a use, allowed by right or by special permit within the MUOD, including any uses determined by the City Council to be customary accessory uses, does not comply with any provisions of this Section 5.29, including the dimensional provisions of Section 5.29.4, or with respect to any provision of this ordinance other than those contained in Section II of the Ordinance, regulating use, the City Council is authorized to issue zoning relief for such non-conformity by the issuance of a special permit. In granting a request for a special permit, the City Council must make a written determination that the nonconformity is consistent with the MUOD character and will not be substantially detrimental to the MUOD because it is found to meet the following six 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.

Furthermore, the City Council may condition its grant on the provision of certain open space, or traffic or pedestrian improvements or other amenities.

(Ord. of 4-25-2017(1))

Editor's note— Ord. No. 2025-233, adopted September 12, 2025, repealed section 5.16. Accordingly, the reference in subsection 5.29.3.2 has been deleted at the city's direction.

5.30.1 Purpose.

The purpose of the Multi-family Overlay District (MFOD) is to allow multi-family housing as of right in accordance with Section 3A of the Zoning Act (Massachusetts General Laws Chapter 40A). This zoning provides for as of right multi-family housing to accomplish the following purposes:

1.

Encourage the production of a variety of housing sizes and types to provide equal access to new housing for people with a variety of needs and income levels.

2.

Locate housing within walking distance of public transit and Gloucester's downtown to promote public health, reduce the number of vehicular miles traveled, support economic development, and meet community-based environmental goals, including reducing greenhouse gases and improving air quality.

3.

Preserve open space in a community by locating new housing within or adjacent to existing developed areas and infrastructure.

4.

Support public investment in transit options, including pedestrian- and bike-friendly infrastructure.

5.30.2 Overlay District.

5.30.2.1 Map.

The MFOD is an overlay district that allows multi-family as of right. The land in the MFOD is shown on the map entitled City of Gloucester Zoning Map - Multi-family Overlay District (MFOD) dated August 8, 2024, incorporated by reference and made a part of the City's official zoning map. A copy of said map is on file with the City Clerk's Office and the Community Development Department.

The MFOD contains the following sub districts, all of which are shown on the referenced Zoning Map:

•

Downtown Station Area

•

West Gloucester Station Area

•

Maplewood Avenue Area

•

School House Road Area

5.30.2.2 Establishment.

The MFOD is an overlay district superimposed on the underlying zoning district and the land affected thereby. The underlying zoning and all permitted uses existing on this date, whether by permit or as of right, shall remain in full force and effect, except as otherwise stated in this Section 5.30. To the extent that any provision in this Section 5.30 is in contradiction or conflicts with any other provision of this ordinance, the provisions of this Section 5.30 shall control. Nothing in the MFOD shall restrict the rights of any owner who elects to use the existing underlying zoning district regulations to develop and redevelop land.

5.30.2.3 Applicability.

An applicant may develop multi-family housing located within an MFOD in accordance with the provisions of this Section 5.30. The Planning Board shall be the Site Plan Review authority for applications pursuant to this Section 5.30, and approvals under Site Plan Review shall satisfy the criteria set forth in this Section 5.30 and Section 5.8.

5.30.2.4 Standard to be Applied.

Except as otherwise set forth in this Section 5.30, the Planning Board shall be the Site Plan Review Authority and grant Site Plan Approval under the standards of Section 4.1 (Off-Street Parking), Section 4.3 (Signs), Section 4.4 (Noise, Litter and Smoke Standards) and Section 5.8 (Site Plan Review).

a.

The redevelopment of a pre-existing structure that is nonconforming under the base zoning district but conforms to the dimensional requirements of Section 5.30.4 shall be allowed under this MFOD for the uses specified in Section 5.30.3 and shall require a site plan approval under Section 5.30.9.

b.

An application under this Section 5.30 that meets the criteria for a special permit under Section 5.2 (Earth Fill and Removal Regulations) shall not require a special permit. Instead, the Planning Board shall incorporate the criteria in Section 5.2.2 through 5.2.8 as part of their Site Plan Review process in Section 5.30.9.

c.

In addition to the criteria for site plan approval in Section 5.8 (Site Plan Review), the Planning Board shall also apply the development and design standards in Section 5.30.10 as part of their review process.

5.30.3 Uses.

5.30.3.1 Uses Allowed by Right.

The following uses are allowed as of right in the MFOD:

a.

Downtown Station Area and West Gloucester Station Area Sub districts:

i.

Single-family housing

ii.

Two-family housing.

iii.

Multi-family dwelling with three dwelling units.

b.

Maplewood Avenue Area and School House Road Area Sub districts:

i.

Multi-family dwelling with four (4) or more residential dwelling units or two (2) or more buildings on the same lot with more than one (1) residential dwelling unit in each building.

5.30.3.2 Accessory Uses.

The following uses are considered accessory as of right to any of the permitted uses in Section 5.30.3.1.

a.

Garage.

b.

Parking.

c.

Shed.

d.

Accessory Signs, as defined in Section VI. Definitions and regulated by Section 4.3.

5.30.3.3 Prohibited Uses.

Any use not specifically allowed by right within the MFOD as provided in Sections 5.30.3.1 and 5.30.3.2 is prohibited.

5.30.4 Dimensional Requirements.

5.30.4.1 Dimensional Table.

The requirements of Sections 3.1.5, 3.1.6, and 3.2.2 are not applicable to development within the MFOD. All buildings and structures permitted pursuant to the MFOD shall conform to the following dimensional requirements by sub district:

a.

Lot Area. The lot area requirements for as of right residential structures in the MFOD shall only apply to lots in existence as of the effective date of the adoption of the MFOD.

b.

Multi-Building Lots. Within this MFOD District, notwithstanding any other provision of the Ordinance, more than one principal building may be constructed on one lot as of right in the Maplewood Avenue Area Sub district only. All other dimensional requirements of the MFOD shall be complied with.

c.

Front Yard. The front yard of a new building in the Downtown Station Area may be modified to match the front yard of one of the abutting buildings or shall be the average of both setbacks. For example, if the front yard of the building on the left is set back ten (10) feet and the front yard of the building on the right is set back twenty (20) feet, the front yard of the new building may be either ten (10) feet, twenty (20) feet or fifteen (15) feet.

d.

Building Height. The roof of a residential structure permitted in the Downtown Station Area and West Gloucester Station Sub districts shall have a pitch of at least 4/12, as appropriate to the massing of the proposed building.

5.30.6 Off-Street Parking and Loading Requirements.

5.30.6.1 Off-Street Parking Requirements.

The minimum parking requirements within the MFOD shall be as set forth in section 4.1 of this ordinance, except as follows:

The Planning Board may authorize tandem parking and modify the design and layout standards of Section 4.1.4 through the Site Plan Review process.

5.30.7 Signs.

Section 4.3 of this ordinance shall govern signage in the MFOD.

5.30.8 Inclusionary Housing Requirements.

Section 5.11 of this ordinance shall govern Inclusionary Housing Requirements within this MFOD.

If the Executive Office of Housing and Livable Communities (EOHLC) determines that Section 5.11 in its entirety above does not comply with the provisions of Section 3A of MGL c.40A, the following standards shall apply:

Section 5.11 of this ordinance shall govern Inclusionary Housing Requirements in the MFOD, with the following exceptions:

5.30.8.1 Applicability.

The requirements of Section 5.11.3(1) and (2) are superseded by the following:

a.

This requirement is applicable to all residential developments within the MFOD with six (6) or more dwelling units, whether new construction, expansion, reconstruction, or residential conversion.

b.

Development shall not be segmented to avoid compliance with this article. Segmentation shall mean one or more development applications for the addition of one or more residential units that results in 6 (six) or more lots or dwelling units above the number existing 36 months prior to an application to develop any parcel or set of contiguous parcels held in common ownership or under common control on or after the effective date of this Section 5.30.

5.30.8.2 Basic requirements.

The requirements of Section 5.11.4(1) and (2) are superseded by the following:

a.

All affordable units created in the MFOD under this section shall be made available to households earning 80% or less of area median income (AMI) and must be eligible for listing on EOHLC's Subsidized Housing Inventory.

b.

In residential developments in the MFOD, not fewer than ten percent (10%) of housing units constructed shall be affordable housing units. For purposes of calculating the number of units of affordable housing required within a development project, a fractional unit shall be rounded down to the next whole number. The affordable units shall be available to households earning income up to eighty percent (80%) of the AMI.

5.30.9 Site Plan Review.

All projects in the MFOD are exempt from the requirements of Section 5.7 Major Projects. Any application for a building permit under the MFOD in the Maplewood Avenue Area and School House Road Area Sub districts for the creation of six (6) or more dwelling units shall require Site Plan Review and are subject to the requirements of Section 5.8 (Site Plan Review).

5.30.10 Development and Design Standards.

As part of its Site Plan Review process under Section 5.30.9 and consistent with the requirements of Section 5.8 (Site Plan Review), the Planning Board shall require the applicant to meet the following standards for all development projects of six (6) or more dwelling units in the Maplewood Avenue Area and School House Road Area Sub districts.

a.

Additional Requirements for Site Design.

i.

Vehicular access. Where feasible, curb cuts shall be minimized, and shared driveways encouraged.

ii.

Screening for Parking. Surface parking adjacent to a public sidewalk shall be screened by a landscaped buffer of sufficient width to allow the healthy establishment of trees, shrubs, and perennials, but no less than [6 (six)] feet. The buffer may include a fence or wall of no more than three feet in height unless there is a significant grade change between the parking and the sidewalk.

iii.

Plantings. Plantings shall include species that are native or adapted to the region. Plants on the Massachusetts Prohibited Plant List, as may be amended, shall be prohibited. The front yard setback should be landscaped with a mix of shrubs and low plantings to support the privacy of residential areas.

iv.

Mechanicals. Mechanical equipment at ground level shall be screened by a combination of fencing and plantings. Rooftop mechanical equipment shall be screened if visible from a public right-of-way.

v.

Dumpsters. Dumpsters shall be screened by a combination of fencing and plantings. Where possible, dumpsters or other trash and recycling collection points shall be located within the building.

vi.

Surface parking. Surface parking shall be located at the rear or side of the principal building. Parking shall not be located in the setback between the building and any lot line adjacent to the public right-of-way.

vii.

Integrated garages. The principal pedestrian entry into the building shall be more prominent in design and placement than the vehicular entry into the garage.

b.

Additional Requirements for Building Design.

i.

Building massing, scale, and proportions should complement and respect the architectural design of existing buildings in the immediate vicinity.

ii.

Building entries may add distinctive design components to the building façade, such as porches, canopies, glazed areas, and stoops.

iii.

Buildings should incorporate massing and façade design elements such as front porches, bay windows, front-gable roofs, cross-gables, or hipped roofs with dormers that help relate their building massing to that of adjacent buildings.

iv.

Building exterior materials, including architectural trim and cladding, should be high-quality and durable. Such materials include but are not limited to, stone, brick, wood, metal, glass, sustainable cement masonry board products, and integrated or textured masonry.

v.

New construction should acknowledge and respond to existing adjacent window patterns in proportion, scale, rhythm, and number of openings.

c.

Additional Requirements for Multiple Buildings on a Lot.

i.

Parking and circulation on the site shall be organized to reduce the amount of impervious surface. Where possible, parking and loading areas shall be connected to minimize curb cuts onto public rights-of-way.

ii.

A pedestrian network shall connect parking to the entries to all buildings and the buildings to each other.

iii.

The orientation of multiple buildings on a lot should reinforce the relationships among the buildings. All building façade(s) shall be treated with the same care and attention in terms of entries, fenestration, and materials.

iv.

The building(s) adjacent to the public street shall have a pedestrian entry facing the public street.

d.

Waivers. Upon the Applicant's request, the Planning Board may waive the requirements of this Section 5.30.10 in the interests of design flexibility and overall project quality and upon a finding of consistency of such variation with the overall purpose and objectives of the MFOD.

(Ord. No. 2024-149, 10-1-2024)

M.G.L. c. 94G, authorizes a system of state licensing for businesses engaging in the cultivation, testing, processing and manufacturing, and retail sales of marijuana, collectively referred to as "marijuana establishments." In addition M.G.L. c. 94G, §3, Local Control, allows cities and towns to adopt ordinances and by-laws that impose reasonable safeguards on the operation of marijuana establishments, provided they are not unreasonably impracticable and are not in conflict with the laws and regulations of M.G.L. c. 94G or 935 CMR 500.

Marijuana retailers shall be subject to M.G.L. c. 94G, §12 and the following restrictions to ensure there are no undue impacts on the health, safety, and well-being of the public:

As defined in M.G.L. c. 94G, and as established in Chapter 28 Marijuana Retail Establishments of the Code of Ordinances, the number of marijuana retailers shall be limited to no more than 20% of the number of licenses issued within the city for the retail sale of alcoholic beverages not to be drunk on the premises where sold under M.G.L. c. 138, §15. Should 20% of the number of licenses issued be a whole number and .5 or greater, the number shall be rounded up to the next whole number; should it be less than .5, the number shall be rounded down.

5.31.1 Purpose.

The purpose of this ordinance is to allow state-licensed marijuana establishments to exist in the city in accordance with applicable state laws and regulations and impose reasonable safeguards to govern the time, place and manner of marijuana establishment operations and any business dealing in marijuana accessories in such a way as to ensure public health, safety, well-being, and undue impacts on the natural environment as it relates to the retailing, cultivation, processing, manufacturing or testing subject to the provisions of this Zoning Ordinance, M.G.L. c. 40A, M.G.L. c. 94G, and 935 CMR 500.

5.31.2 Applicability; Effective Date.

This section applies to all marijuana establishments including, but not limited to, marijuana cultivators, testing facilities, product manufacturers, processors, medical marijuana treatment centers and/or retailers.

Under the state law, M.G.L. c. 94G, experienced marijuana establishment operators including medical marijuana treatment centers as defined in Chapter 369 of the Acts of 2012 with a registration in good standing, or a reorganized marijuana business established by a vote of at least two-thirds (2/3) of the Board of Directors of any entity that submitted an application for a registration to operate a medical marijuana treatment center to the Department of Public Health before October 1, 2015, and was issued a provisional registration to operate a medical marijuana treatment center by the Department of Public Health are also subject to this Zoning Ordinance should said experienced marijuana establishment operator of a medical marijuana treatment center convert into a retail marijuana establishment.

5.31.3 Definitions.

The following definitions, consistent with M.G.L. c. 94G, shall apply in the interpretation and enforcement of this section:

"Experienced marijuana establishment" or "Experienced marijuana operator" shall include:

(a)

a medical marijuana treatment center as defined in chapter 369 of the acts of 2012 with a registration in good standing, or

(b)

a reorganized marijuana business established by a vote of at least two-thirds (2/3) of the board of directors of an entity that submitted an application for a registration to operate a medical marijuana treatment center to the Department of Public Health before October 1, 2015 and was issued a provisional registration to operate a medical marijuana treatment center by the department of public health.

"Marijuana" or "Marihuana" all parts of any plant of the genus Cannabis, not excepted below and whether growing or not; the seeds thereof; and resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin including tetrahydrocannabinol as defined in M.G.L. c. 94C, §1; provided that "Marijuana" shall not include:

(a)

The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil, or cake made from the seeds of the plant or the sterilized seed of the plant that is incapable of germination;

(b)

Hemp; or

(c)

The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products.

"Marijuana accessories" equipment, products, devices or materials of any kind that are intended or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling or otherwise introducing marijuana into the human body.

"Marijuana cultivator" or "Marijuana cultivation facility" an entity licensed to cultivate, process and package marijuana, to deliver marijuana to marijuana establishments and to transfer marijuana to other marijuana establishments, but not to consumers.

"Marijuana establishment" a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer, medical marijuana treatment center or any other type of licensed marijuana-related business.

"Marijuana manufacturing" to compound, blend, extract, infuse or otherwise make or prepare a marijuana product.

"Marijuana product manufacturer" or "Marijuana manufacturing facility" an entity licensed to obtain, manufacture, process and package marijuana and marijuana products, to deliver marijuana and marijuana products to marijuana establishments and to transfer marijuana and marijuana products to other marijuana establishments, but not to consumers.

"Marijuana processing" to harvest, dry, cure, trim and separate parts of the marijuana plant by manual or mechanical means.

"Marijuana products" products that have been manufactured and contain marijuana or an extract from marijuana, including concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.

"Marijuana testing facility" an entity licensed to test marijuana and marijuana products, including certification for potency and the presence of contaminants.

"Marijuana retailer" an entity licensed to purchase and deliver marijuana and marijuana products from marijuana establishments and to deliver, sell or otherwise transfer marijuana and marijuana products to marijuana establishments and to consumers.

5.31.4 Use Allowance and Special Permit Procedures.

Marijuana establishments including marijuana cultivators, marijuana testing facilities, marijuana product manufacturers, conversions of medical marijuana treatment centers shall be permitted in zoning districts as identified in Section 2.3 with Site Plan Approval by the Planning Board pursuant to Section 5.8 of the Zoning Ordinance.

The City Council may grant a Special Permit and the Planning Board may grant a Site Plan Approval for a medical marijuana treatment center as defined in M.G.L. c. 94I or a retail marijuana establishment as defined in M.G.L. c. 94G in the zoning district(s) identified in Section 2.3 in accordance with the procedures set forth in Section 1.5 and Section 5.8 of the Zoning Ordinance and subject to the standards set forth in this section and the general criteria for granting a special permit contained in section 1.8.3 of the Zoning Ordinance.

The issuance of a site plan approval or special permit pursuant to this section or other applicable sections of the Zoning Ordinance does not create an exception, defense, or immunity to any person or entity in regard to any potential criminal liability the person or entity may have for the production, distribution, or possession of marijuana.

A site plan approval or special permit issued for a marijuana establishment is not transferable or assignable to a different location or a different type of marijuana establishment.

In addition to the dimensional standards in Section 3 of the Zoning Ordinance, marijuana establishments shall not be located within 500 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12. Distances shall be calculated by direct measurement from the nearest property line of the land used for purposes described above to the nearest portion of the building in which the marijuana establishment is located using a route of direct pedestrian access.

5.31.5 Additional Filing Requirements and Standards.

The following apply to all marijuana establishments as defined above and in M.G.L. c. 94G including marijuana cultivation facilities, manufacturing facilities, testing facilities, medical marijuana treatment centers and retail establishments.

1.

Any Site Plan Review or Special Permit application for a marijuana establishment shall include:

a.

A copy of the application materials submitted to the Cannabis Control Commission as described in 935 CMR 500.101.

b.

A Transportation Plan as described herein. A proposed marijuana establishment shall prepare and submit a Transportation Plan that will, among other things, provide a detailed analysis of how the use may impact traffic and parking in the area immediately surrounding the proposed site of a marijuana establishment and how best practices of the industry may be utilized to address traffic and parking.

c.

A written description stating how the proposed marijuana establishment will meet the minimum requirements of 935 CMR 500.105 including, without limitation and subject to the discretion of the City Council, policies and procedures for energy efficiency and conservation.

d.

A written description of how the proposed marijuana establishment will meet the requirements of 935 CMR 105 and requirements of section 4.3 of the Zoning Ordinance relating to marketing and signage.

2.

No marijuana shall be smoked, eaten or otherwise consumed or ingested within any type of licensed marijuana establishment.

3.

Hours of operation for marijuana retailers shall be consistent with those of package stores licensed under M.G.L. c. 138.

4.

Deliveries of products to retail marijuana establishments shall comply with the Code of Ordinances.

5.

Marijuana plants, products, and paraphernalia shall not be visible from outside the building of any marijuana establishment.

6.

In addition to the parking layout and design standards of Section 4 of the Zoning Ordinance, a retail marijuana establish shall provide a minimum of 1 parking space per 100 square feet of retail space and 1 parking space per 200 square feet of bulk storage.

7.

In addition to the use allowance of Section 2.3 and the dimensional requirements of Section 3 of the Zoning Ordinance, marijuana retail establishments shall only be permitted in allowable zoning district(s) on lots with a minimum of 20,000 square feet and frontage and access from an Arterial Street(s) including, but not limited to, Route 128, Bass Avenue, Eastern Avenue, Essex Avenue, Thatcher Road, and Gloucester Crossing Road.

5.31.6 Reserved.

5.31.7 Reserved.

5.31.8 Special Permit Findings.

In addition to the findings for a special permit in section 1.8.3 of the Zoning Ordinance, the City Council must also make the following findings:

1.

The Applicant demonstrates that the marijuana establishment will meet all of the permitting requirements of all applicable agencies within the Commonwealth and will be in compliance with all applicable state laws and regulations, including, but not limited to M.G.L. c. 94G, §12.

2.

The Applicant has satisfied all of the conditions and requirements of this section and other applicable sections of the Zoning Ordinance and any applicable city ordinances.

3.

The establishment provides adequate security measures to ensure that there are not direct threats to the health or safety of employees, staff, or members of the public and that storage and/location of cultivation is adequately secured.

5.31.9 Host Community Agreements.

All marijuana establishments under this section shall enter into Host Community Agreements (HCAs) with the city in compliance with the requirements of M.G.L. c. 94G and all regulations promulgated by the Cannabis Control Commission that pertain to the execution of a host community agreement with the city. Specifically, under M.G.L. c. 94G, §3, a marijuana establishment seeking to operate or continue to operate in the city shall execute a host community agreement with the city setting forth conditions which shall include, but not be limited to, all stipulations of responsibilities between the host community and the marijuana establishment. An agreement between a marijuana establishment and the city may include a community impact fee for the city; provided, however, that the community impact fee shall be reasonably related to the costs imposed upon the city by the operation of the marijuana establishment and shall not amount to more than 3 per cent (3%) of the gross sales of the marijuana establishment or be effective for longer than 5 years. Any cost to the city imposed by the operation of a marijuana establishment shall be documented and considered a public record. All HCAs shall address any known and additional impact of marijuana related use on the municipal departments and services including but not limited to public safety, health services, schools and infrastructure, and any other stipulations deemed necessary by the Office of the Mayor, and such agreement shall accompany any required special permit application.

5.31.10 Unlawful Acts.

1.

It shall be unlawful for any person to operate any marijuana establishment in the city without a valid license issued by the state licensing authority under the M.G.L. c. 94G.

2.

When a marijuana establishment has received a renewal license from the state, the marijuana establishment shall submit a copy to the Building Department within 30 days of receipt.

3.

It shall be unlawful for any person to operate a marijuana establishment as outlined in this section including, but not limited to, retail marijuana, marijuana product manufacturing, marijuana cultivation, marijuana processing, or marijuana testing establishment without a Special Permit from the City Council or Site Plan Approval from the Planning Board.

4.

In addition to the requirements of 935 C.M.R. 500, specifically 935 C.M.R. 500.105(4)(b), Prohibited Practices, it shall be unlawful for any person to operate an establishment so as to clearly display any marijuana advertising, products, paraphernalia or accessories so that it is visible to a person from the exterior of establishment. This includes any of the same that have multiple uses of which one is for marijuana.

5.31.11 Violations and Penalties.

All marijuana establishments shall be subject to M.G.L. Chapter 94G, § 13 and 935 C.M.R. 500. For any violation of the terms and conditions of a Special Permit issued pursuant to the Zoning Ordinance or any section of this Zoning Ordinance that, after proper notice and demand, is not abated, the Building Inspector shall institute appropriate action or proceedings on behalf of the city. A fine of $300.00 per violation per day for each day the violation continues shall be issued.

5.31.12 Severability.

If any provision of this section is held to be invalid by a court of competent jurisdiction then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.

(Ord. of 9-11-2018(1); Ord. of 11-13-2018(1))