Haverhill City Zoning Code
SECTION 6
0 GENERAL REGULATIONS
§ 6.1.1 Applicability.
Off-street parking and loading spaces shall be provided for every new structure, the enlargement of an existing structure, the development of a new land use or any change in an existing use in accordance with Table 1: Table of Use and Parking Regulations and the requirements contained therein.[1]
1.
Exception. Some or all of the parking requirements shall be waived for any properties fronting upon either the northerly or southerly side of either the Merrimack Street, Washington Square and/or Washington Street right-of-way as bounded in total, easterly by Main Street and westerly by Railroad Square.
[1]
Editor's Note: Appendix A, Table 1: Table of Use Regulations, is included as an attachment to this chapter.
§ 6.1.2 Parking Spaces for Persons with Disabilities.
Parking spaces for persons with disabilities shall be provided in accordance with the Massachusetts Architectural Barrier Board Rules and Regulations.
§ 6.1.3 Parking Code.
The requirements in the following Table 3: Parking Code Regulations shall be as set forth in Table 1: Table of Use and Parking Regulations. See Section 9.0 for parking requirements in special/overlay districts.
Parking Code Regulations | |
|---|---|
Parking Code (PC) | Requirements |
A | 1.0 spaces per dwelling unit with 1 bedroom; |
1.5 spaces per dwelling unit with 2 bedrooms; | |
2.0 spaces per dwelling unit with 3 bedrooms or more | |
B | 1 space for each 100 square feet of gross floor area |
C | 1 space for each 200 square feet of gross floor area |
D | 1 space for each 250 square feet of gross floor area |
E | 1 space for each 500 square feet of gross floor area |
F | 1 space for each 600 square feet of gross floor area |
G | 1 space for each 800 square feet of gross floor area |
H | 1 space for each 4 seats at design capacity |
I | 2 per classroom in an elementary school; |
3 per classroom in middle and junior high school; | |
4 per classroom, plus 1 space for every 4 seats of the total seating capacity of the auditorium or gymnasium, whichever has the largest capacity, in a senior high school | |
J | 1 space per unit |
K | 1 space per unit; 2 spaces for unit with 3 or more bedrooms |
L | 1 space per residence, plus 1 space per room for rent |
M | 1 space per resident |
O | 1 space per 1,600 square feet gross floor area |
Q | 1 space per bed at design capacity |
R | 1.25 spaces per bed at design capacity |
S | 1 space per 200 square feet of selling area, indoor and outdoor |
T | 10 spaces, plus requirement F |
U | 1 space per every 2 machines |
V | 1 space per every 3 seats |
W | B, plus 10 spaces |
X | 4 spaces per alley |
Y | At least 20 lineup spaces for each ticket window |
Z | 1 space for each 1/2 acre of yard area |
§ 6.1.4 Off-Street Parking Area Design Requirements.
Off-street parking areas shall be designed to comply with one or a combination of the following minimum standards.
§ 6.1.5 Off-Street Loading Requirements.
For every building hereafter erected for retail and service commercial, and wholesale, transportation and business, and community facility use, as specified in Table 1: Table of Use and Parking Regulations,[1] and for every such use hereinafter established in an existing building or area, the following Off-Street Loading Regulations in Table 4 shall prevail:
Loading Regulations | ||
|---|---|---|
Loading Spaces Required | ||
Building Gross Floor Area (square feet) | Retail and Service Commercial, Wholesale, Transportation and Business | Community Facility |
0 to 3,000 | 1 | 0 |
3,001 to 25,000 | 2 | 0 |
25,001 to 50,000 | 3 | 1 |
50,001 to 75,000 | 4 | 2 |
75,001 to 100,000 | 5 | 2 |
Over 100,000 | 5, plus 1 space for each 50,000 square feet or fraction thereof over 100,000 square feet | 2, plus 1 for each 100,000 square feet or fraction thereof over 100,000 square feet |
[1]
Editor's Note: Appendix B, Table 2: Table of Dimensional and Density Regulations, is included as an attachment to this chapter.
§ 6.1.6 Off-Street Loading Space Design.
The first off-street loading and unloading space herein required for a building shall be at least 12 feet in width, 35 feet in length and have a minimum vertical clearance of 14 feet. All additional required spaces shall be at least 12 feet in width, 55 feet in length and have a minimum vertical clearance of 14 feet.
§ 6.1.7 Existing Spaces.
Parking or loading spaces being maintained in any district in connection with any existing use on the effective date of this chapter shall not be decreased so long as said use remains, unless a number of parking or loading spaces is constructed elsewhere such that the total number of spaces conforms to the requirements of the foregoing tables, provided that this regulation shall not require the maintenance of more parking or loading spaces than is required according to the tables, and further provided that this provision will not be applied when such space is acquired for public purposes.
§ 6.1.8 Computation of Spaces.
When the computation of required parking or loading spaces results in the requirement of a fractional space, any fraction over 0.5 shall require one space.
§ 6.1.9 Combined Facilities.
Parking required for two or more buildings or uses may be provided in combined facilities on the same or adjacent lots, subject to approval by the Building Commissioner, where it is evident that such facilities will continue to be available for the several buildings or uses and the total number provided is consistent with the combined requirement of the respective uses.
§ 6.1.10 Continued Dedication.
Required off-street parking or loading spaces which after development are later designated as, and accepted by the City for, off-street parking or loading purposes shall continue to serve the uses or structures to meet these requirements so long as said use or structure remains.
§ 6.1.11 Location of Parking and Loading Spaces.
[Amended 3-18-2025 by Doc. 2-B]
1.
Required off-street parking and loading spaces shall be provided on the same lot as the principal use they are required to serve or, when practical difficulties as determined by the Board prevent their establishment upon the same lot, they shall be established no further than 300 feet from the premises to which they are appurtenant.
2.
No off-street parking space for a use permitted in any C or B District shall be allowed in any R District except within 100 feet of and with driveway access from such C or B District and when screened as required herein and only when permitted by the Board.
3.
For residential uses (one-, two- or three-family), parking in the front yard shall be allowed only in the driveway or in a backup strip adjacent to the driveway. Any paved areas including the driveway shall not cover more than 50% of the front yard.
4.
For nonresidential uses, a 15-foot-wide landscaped strip shall be provided between the parking area and the street right-of-way except in a CC District and a CM District where a minimum of an eight-foot-wide landscaped strip shall be provided.
§ 6.1.12 Parking and Loading Space Standards.
[Amended 3-18-2025 by Doc. 2-B]
All parking and loading areas containing over five spaces, including automotive and drive-in establishments of all types, shall be either contained within structures, or subject to the following:
1.
The parking area and access driveways thereto shall be surfaced with bituminous or cement concrete material and shall be graded and drained so as to dispose of all surface water accumulation.
2.
A substantial bumper of masonry, steel, granite or heavy timber, or a concrete curb or berm curb which is backed, shall be placed at the edge of surfaced areas except driveways in order to protect abutting structures, properties and sidewalks and screening materials.
3.
Any fixture used to illuminate any area shall be so arranged as to direct the light away from the street and away from adjoining premises used for residential purposes.
4.
There shall not be any vehicle repair or gasoline or oil service facilities or any repair made to any motor vehicles except on a lot occupied by a permitted automotive use. Any gasoline or oil facilities shall be at least 25 feet from any lot line.
5.
There shall not be any storage of materials or equipment or display of merchandise within required parking area except as part of approved building operations or by approval of the proper authority.
6.
Parking shall not be located within the required front yard area in any R District and must be set back from the front property line at least five feet in any CN District and 20 feet in any CH or BP District.
7.
Parking and loading spaces other than those required for single- and two-family dwellings shall be so arranged as not to permit backing of automobiles onto any street.
8.
Any portion of any entrance or exit driveway shall not be closer than 50 feet to the curbline of an intersecting street.
9.
Any two driveways leading to or from a street to or from a single lot shall not be within 30 feet of each other at their intersections with the front lot line.
10.
Any entrance or exit driveway shall not exceed 30 feet in width at its intersection with the front lot line.
11.
Back-to-back parking spaces are not allowed for the service of multifamily dwellings.
§ 6.1.13 Queue Spaces.
All vehicle queue spaces shall be at least nine feet wide and 18 feet long and may be arranged end to end, and located off the street.
§ 6.1.14 Common Driveways.
No driveway shall be used to provide access to more than two residential dwellings. Any driveway used to provide access to more than one residential dwelling shall not exceed 200 feet in length.
§ 6.1.15 Special Permit.
Any requirement of this § 6.1 may be waived by the grant of a special permit from the SPGA when such waiver shall not result in substantial detriment. If the use does not require a special permit, the Zoning Board of Appeals shall serve as the SPGA.
§ 6.2.1 Compliance Required.
All signs shall comply with the regulations for the erection and construction of signs contained in the Building Code, Fire Prevention Code and Electrical Code of the City of Haverhill and other applicable City regulations. Signs shall be permitted in accordance and must comply with both the following general regulations applying to all signs in all districts and the specific regulations applying to the respective districts.
§ 6.2.2 Types of Signs.
1.
Wall Sign. A wall sign shall be attached parallel to the building wall; it shall not project horizontally more than 15 inches from that wall; and it shall not extend above the roofline or beyond the sides of the building.
2.
Projecting Signs. A projecting sign shall be attached to the wall of the building; it shall not project horizontally more than six feet from the building but no closer than two feet to a curbline or, if no curb exists, from the roadway edge; it shall have a minimum clearance of nine feet above a public sidewalk and 16 feet above any road, driveway or alley; and it shall not extend above the roofline nor more than 24 feet above the ground, sidewalk, road, driveway or alley, whichever is the lesser. When a projecting sign is closer than 12 feet to a corner of the building, its projection shall be no more than a distance equal to 1/2 the horizontal distance from the sign to that corner.
3.
Freestanding Signs. A freestanding sign shall be constructed in the following manner:
a.
In the event a front yard is required in any district, a freestanding sign shall be set back from the front property line at least 1/2 the required distance of the front yard setback. A sign shall not extend, project or overhang into the required sign setback.
b.
In the event no front yard is required in a district, a sign may be erected which projects or extends over the front lot line, provided that it shall not project horizontally more than six feet from the front lot line but no closer than two feet from a curbline or, if no curb exists, from the roadway edge, and shall have a minimum clearance of nine feet above a public sidewalk and 16 feet above any road, driveway or alley.
c.
No sign shall be placed or erected, project or extend or overhang within an area required by this chapter or act of the Board for screening purposes.
d.
No freestanding sign unless otherwise specified shall exceed a height of 24 feet.
e.
The requirements contained herein shall not be interpreted so as to prevent a freestanding sign which is divided into individual signs or segments, provided that the individual signs or segments are mounted on the same or a single structure or support, and the total surface area of all such signs does not exceed the maximum area permitted in the respective district.
§ 6.2.3 Illumination of Signs in All Districts.
1.
The light from any illuminated sign shall be so shaded or directed that the light intensity or brightness shall not be objectionable to surrounding areas.
2.
No sign shall have blinking, flashing or fluttering lights or any other illuminating device which has a changing light intensity, brightness or color. Beacon lights are not permitted.
3.
No colored lights shall be used at any location or in any manner so as to be confused with or construed as traffic control devices.
4.
Neither the direct nor reflected light from light sources shall create a traffic hazard to the operation of motor vehicles on public roads.
5.
No exposed reflective-type bulbs and no strobe light or incandescent lamp shall be used on the exterior surface of any sign.
§ 6.2.4 Temporary Signs.
[Amended 3-18-2025 by Doc. 2-B]
The following signs shall be permitted anywhere within the City but in no circumstance for more than six months, except as noted below. The sign shall not be illuminated and shall not require a permit:
1.
Construction signs which identify the architects, engineers, contractors and other individuals or firms involved with the construction, but not including any advertisement of any product, and signs announcing the character of the building enterprise or the purpose for which the building is intended, during the construction period, to a maximum sign area of 16 square feet for each firm. The signs shall be confined to the site of the construction and shall be removed within 14 days of the beginning of the intended use of the project and/or completion of the construction project. One such sign for each firm involved with the construction may be placed facing each street frontage.
2.
Real estate signs advertising the sale, rental or lease of the premises or part of the premises on which the signs are displayed, up to a total area of 12 square feet. Such signs shall be removed within 14 days of the sale, rental or lease.
3.
Nonprofit or governmental signs advertising a community event may be installed 14 days in advance of the event and shall be removed within four days after the event, not to exceed a size of 12 square feet.
4.
Political campaign signs announcing the candidates seeking public political office and other data pertinent thereto, up to a maximum total sign area of 64 square feet per candidate or ballot issue for each property. These signs shall be confined within private property.
5.
Show window signs in a display of merchandise when incorporated with such a display. They need not be related in content with the display. However, the total sign area shall not exceed 25% of the window area through which they are viewed.
§ 6.2.5 Exempt Signs.
[Amended 3-18-2025 by Doc. 2-B]
The following types of signs are exempted from all the provisions of this chapter, except for construction and safety regulations and the following requirements:
1.
Public signs of a noncommercial nature and in the public interest erected by, or on the order of, a public officer in the performance of his public duty, such as safety signs, danger signs, trespassing signs, traffic signs, street signs, memorial plaques, signs of historical interest, signs designating a public project, public school, or improvement program and the like.
2.
Institutional signs setting forth the name or any simple announcement for any public institution located entirely within the premises of that institution, up to a maximum sign area of 24 square feet. Such signs may be illuminated in accordance with the regulations contained herein. If building- mounted, these signs shall not project above the roofline. If ground- mounted, the sign shall not exceed a height of six feet above ground level.
3.
Integral signs, names of buildings, dates of erection, monumental citations, commemorative tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent-type construction and made an integral part of the structure.
4.
Private traffic direction signs directing traffic movement onto a premises or within a premises, not exceeding a maximum sign area of five square feet for each sign. Illumination of these signs shall be as permitted herein. Horizontal direction signs on and flush with the paved surface areas are exempt from these standards.
5.
Shipping and receiving space signs, provided that they do not exceed a surface area of four square feet.
6.
Signs on vehicles of any kind are exempt.
7.
Holiday decorations of any kind are exempt.
8.
Fraternal or service organizations. Nonaccessory signs which identify fraternal societies or service organizations within the City of Haverhill, provided that such signs shall not exceed a sign surface area of eight square feet. Such a sign may be illuminated in accordance with the regulations contained herein.
9.
Political campaign headquarters' signs, provided that the headquarters are located within any C or B District, and the campaign signs are located within a building housing such headquarters
§ 6.2.6 Prohibited Signs.
Prohibited signs are signs which:
1.
Contain or are an imitation of an official traffic sign or signal or contain the words "stop," "go slow," "caution," "danger," "warning" or similar words.
2.
Are of a size, location, movement, content, color or manner of illumination which may be confused with or construed as a traffic control device or which hides from view any traffic or street sign or signal.
3.
Move or rotate in any manner or have a major moving part.
4.
Contain or consist of banners, posters, pennants, ribbons, streamers, strings of light bulbs, spinners or other similarly moving devices. These devices, when not part of any sign, are similarly prohibited unless they are utilized to announce the opening of a new business and in which case they must be removed 60 days after such opening.
5.
May swing or otherwise noticeably move as a result of wind pressure because of the manner of their suspension or attachment, except as otherwise specified herein.
6.
A sign located on and/or attached to the roof of any building or top of a canopy shall not be permitted.
§ 6.2.7 Signs Permitted in Any R or S District.
[Amended 3-18-2025 by Doc. 2-B]
1.
Accessory. Signs shall be limited to only the accessory type.
2.
Wall, projecting or freestanding. One sign, either a wall, projecting or freestanding type, shall be permitted, provided that it does not project or extend beyond a point which lies 10 feet within any side or front lot line, and further provided that no freestanding sign shall be higher than six feet.
3.
Professional identification. One professional or medical building accessory sign, provided that such a sign shall not exceed 7.5 square feet on any one face and not more than 15 square feet in total surface area and one professional nameplate for each professional practitioner, provided that it does not exceed an area of 12 square inches and is mounted flush with the wall or door.
4.
Occupancy identification. One accessory sign for each dwelling unit, provided that such a sign shall not exceed two square feet in surface area and shall not be used other than for identifying the occupancy.
5.
Apartment identification. One sign may be erected to identify a multifamily development of 10 or more units, provided that it shall not exceed 10 square feet in surface area.
6.
Community facility identification. One accessory sign for each funeral establishment, hospital, church, other place of public assembly, community facility or public utility use, provided that it shall not exceed 10 square feet in surface area.
§ 6.2.8 Signs Permitted in Any C District.
Signs may include both accessory and nonaccessory type as follows.
1.
Wall Signs (Accessory). One wall sign for each building frontage of each establishment shall be permitted. Such wall sign shall not exceed a maximum area of 40 square feet per building frontage in any CN District, or a maximum sign area of 120 square feet per building frontage in a CG District, or a maximum sign area of 120 square feet per building frontage in any CH District.
2.
Projecting or Freestanding Signs (Accessory). One sign per lot frontage, either projecting or freestanding, may be erected within any C District unless otherwise specified (See Subsection 3, "Shopping center signs"). Where frontage is on more than one street, only the sign computed with the frontage of that street shall serve that street.
a.
Projecting signs (accessory). A total sign area of one square foot for each linear foot of respective individual store or establishment frontage shall be permitted, not to exceed a maximum sign area of 40 square feet per building frontage in any CN District, a maximum sign area of 80 square feet per building frontage in any CG District or a maximum sign area of 120 square feet per building frontage in any CH District. A single-faced sign shall not exceed 1/2 the allowable sign area for the respective district.
b.
Freestanding signs (accessory). A total sign area of one square foot for each linear foot of lot frontage shall be permitted, not to exceed a maximum sign area of 80 square feet per lot frontage in a CN District, a maximum sign area of 120 square feet per lot frontage in any CG District or a maximum sign area of 160 square feet per lot frontage in any CH District. A freestanding sign placed at the intersection of two or more public roads or so placed as to serve two or more such roads simultaneously shall be no larger than one square foot for each linear foot of the longest lot frontage served by the sign or the maximum sign area for the district in which the sign is located, whichever is the smaller. No two separate freestanding signs on any one lot shall be closer together than 300 feet, measured as the direct distance between them. A single-faced sign shall not exceed 1/2 the allowable sign area for the respective district.
c.
Freestanding signs (temporary sidewalk). A total sign area on the face of the sign of nine square feet shall be permitted. The City Council delegates its permit-granting authority hereunder to the Building Commissioner for permits for signs under this section. The Building Commissioner shall not grant a permit for a sign which by size and location unduly obstructs pedestrian or vehicular traffic (including line-of-sight for vehicular traffic). The Building Commissioner shall place conditions on the permit to assure that the sign is properly anchored and that it is placed only during reasonable business hours. No such permit shall be issued without the applicant indemnifying the City of Haverhill from any and all claims arising out of the maintenance of such a sign as set forth herein. Such a sign may be maintained entirely in a public way adjacent to the building frontage from the building which it services.
3.
Shopping Center Signs.
a.
Shopping center indication. A multiple-use identification sign stating the name of the center and/or the tenants shall be permitted for a shopping center containing more than an aggregate of 1,000 feet of frontage, based on the following requirements: If the center has frontage on more than one arterial or similarly classified public road in excess of 200 feet, one multiple-use identification sign may be allowed for each such frontage, its size computed individually for the frontage it serves, but shall not exceed a sign area of one square foot for each linear foot of lot frontage or a maximum of 400 square feet, whichever is less. A single-faced sign shall not exceed 1/2 the allowable sign area. A multiple-use identification sign placed at the intersection of two or more arterial or similar public roads or so placed as to serve two or more such roads simultaneously shall be not larger than one square foot for each linear foot of the longest frontage served by the sign or 400 square feet, whichever is the smaller. No two separate multiple-use identification signs shall be closer together than 1,000 feet, measured as the direct distance between them. If a single frontage is greater than 1,000 feet, one additional multiple-use identification sign shall be permitted to serve that frontage, provided that it shall not exceed a maximum sign area of 400 square feet and shall not be located closer than 1,000 feet to any other multiple-use identification sign, measured as the direct distance between them. The height of a multiple-use identification sign shall not exceed 24 feet from grade at the base of the sign, and no part of the sign shall extend beyond a point which lies 10 feet within any lot line.
b.
Shopping center wall signs. Each commercial establishment within a shopping center shall be permitted a wall sign according to the requirements of this section, except that frontage shall be computed as the building frontage along a pedestrian way. An individual shop may have more than one pedestrian way frontage for the purposes of this section.
4.
Freestanding Signs. Freestanding or ground-supported signs for individual commercial establishments shall not be permitted.
5.
Projecting Signs. Projecting signs for individual establishments shall not be permitted.
6.
Canopy Signs. An identity sign for each establishment within a shopping center may be attached or mounted on the lower or bottom side of a canopy, erected to protect the pedestrian shopper, provided that it does not project more than 12 inches from the bottom of the canopy and the bottom of the sign shall not be less than eight feet above the sidewalk, the face of the sign is perpendicular to the pedestrian way, the sign shall not project beyond the vertical face of the canopy and the sign shall not exceed a total area of four square feet.
§ 6.2.9 Signs Permitted in Any I District.
[Amended 3-18-2025 by Doc. 2-B]
Signs may include both accessory and nonaccessory types as follows.
1.
Wall signs (accessory).
a.
One wall sign for each lot frontage shall be allowed. Where frontage is on more than one street, only the sign computed with the frontage of that street shall face or be visible from that street.
b.
A total sign area of one square foot for each linear foot of building frontage shall be permitted, not to exceed a maximum sign area of 120 square feet per building frontage in any BG or BP District.
2.
Projecting or freestanding signs (accessory). One sign per lot frontage, either projecting or freestanding, may be erected within any I District. Where frontage is on more than one street, only the sign computed with the frontage of that street shall serve that street.
3.
Projecting signs (accessory). A total sign area of one square foot for each linear foot of building frontage shall be permitted, not to exceed a maximum sign area of 120 square feet per building frontage in any BG or BP District.
4.
Freestanding signs (accessory).
a.
A total sign area of one square foot for each linear foot of lot frontage shall be permitted, not to exceed a maximum sign area of 120 square feet per lot frontage in any BG or BP District.
b.
A freestanding sign placed at the intersection of two or more public roads, or so placed as to serve two or more such roads simultaneously, shall be no larger than one square foot for each linear foot of the longest lot frontage served by the sign or a maximum sign area for the district in which the sign is located, whichever is the smaller.
c.
No two separate freestanding signs on any one lot shall be closer together than 400 feet, measured as a direct distance between them.
§ 6.2.10 Nonaccessory Signs.
Nonaccessory signs shall be subject to the regulations of MGL c. 93, §§ 29 through 33, as amended, and to the following requirements:
1.
Nonaccessory signs may be allowed, by special permit of the Board, to be erected and/or maintained within a CH, CG, IP or BP District.
2.
Nonaccessory signs shall comply with the general provisions of this section; provided, however, that no such sign, unless affixed to a building, shall be located within 1/2 the building setback of the district in which it is located; and except under no circumstance is the sign to project beyond any property line.
3.
Nonaccessory signs permitted herein shall be placed so as to be visible from the right-of-way of interstate, federal and/or state highways only. Any such nonaccessory sign shall not be closer than 500 feet to any other nonaccessory sign facing or visible from the same right-of-way, measured as the direct distance between signs.
4.
Signs along such highways shall not exceed a sign surface area of 600 square feet, provided further that a single-faced sign shall not exceed a sign surface area of 300 square feet.
5.
The requirements contained in this section shall not be interpreted so as to prevent the construction of a nonaccessory sign that is back-to-back with another such sign or of a V-type construction; provided, however, that any such sign facing in any one direction shall not exceed a total surface area of 300 square feet.
§ 6.2.11 Special Permit.
Any requirement of this § 6.2 may be waived by the grant of a special permit from the SPGA, provided that such waiver shall not result in substantial detriment. If the use does not require a special permit, the Zoning Board of Appeals shall serve as the SPGA.
§ 6.2.12 General Filing Requirements.
Notwithstanding any other filing requirements provided for herein as to petitions, applications or other requests pursuant to Chapter 255, petitioners or applicants shall file electronically using the electronic filing methodology as provided for from time to time by the City Clerk. In addition, petitioners or applicants shall file one paper copy of all plans with the designated office.
§ 6.3.1 Purpose.
The following performance standards have been adopted in order to control the size, scale, and impacts of larger multifamily, nonresidential, or mixed-use developments.
1.
Lighting. The proposed development shall not produce lighting so as to unreasonably interfere with the use and enjoyment of property within the Town. Lighting practices and systems shall i) reduce light pollution, light trespass and glare in order to preserve and enhance the natural, scenic, and aesthetic qualities of the City; ii) conserve energy and decrease lighting cost without decreasing nighttime safety, security, and productivity, and iii) preserve the night sky as a natural resource to enhance nighttime enjoyment of property within the Town.
2.
Noise. The proposed development shall comply with the provisions of Chapter 182 of the Haverhill Code.
3.
Landscaping and Screening. The proposed development shall maximize and retain open space, and shall be integrated into the natural landscape, shall minimize adverse environmental impacts to such features as wetlands, floodplains, and water resource protection recharge areas and shall minimize tree, vegetation, and soil removal, and grade change. Proposed landscaping shall require native and drought-tolerant species and prohibit invasive or nonnative plants.
4.
Stormwater Management. The proposed development shall include adequate provisions or measures to prevent pollution of surface or groundwater, minimize erosion and sedimentation, prevent changes in groundwater levels, increased runoff, and potential for flooding, and minimize adverse impacts to neighboring properties by flooding from excessive runoff.
5.
Site Development Standards. To the extent practicable, the proposed development shall be located to preserve and enhance the natural features of the site, to avoid disturbances of environmentally sensitive areas, to minimize adverse impacts of development on adjoining properties, to minimize the alteration of the natural features of the site and to preserve and enhance scenic points, historic buildings and places and similar community assets which add value and attractiveness to the subdivision and the Town.
6.
Pedestrian and Vehicular Access; Traffic Management. The proposed development and/or redevelopment shall be designed with a forecast for the next five years from the time of application to i) minimize hazards to public health and safety as a result of traffic; ii) provide safe access and circulation on the site for expected vehicles, pedestrians, and emergency vehicles; iii) provide off-site traffic mitigation, where required, to offset the impact of the development; iv) reduce the traffic impacts of the proposed development on the area and the Town by incorporating traffic management devices; and v) minimize the impact on scenic roads, historic districts, natural resources, and community character. The development shall not degrade safety for pedestrians, bicyclists, motor vehicle occupants, or property.
7.
Aesthetics. The location, size and design, building materials, and operating characteristics of the proposed development shall be compatible with and will not adversely affect the livability or appropriate development of abutting properties, with natural and built environment in the area and the surrounding neighborhood.
8.
Utilities; Security; Emergency Systems. The proposed development shall be adequately served by public or private utilities, security systems, and emergency systems.
9.
Other General Standards. The proposed development will not cause a public or private nuisance.
§ 6.3.2 Procedures; Rules and Regulations.
Applicants for special permits or development review pursuant to § 10.1.4 for multifamily, nonresidential, or mixed uses shall comply with these Performance Standards. "Nonresidential, multifamily, or mixed-use" shall mean a project with more than 10,000 square feet of gross floor area or more than 10 dwelling units. The SPGA may adopt rules and regulations for administration of these performance standards. The SPGA may require the establishment of an escrow account, pursuant to MGL c. 44, s. 53G, to cover all or part of the cost of the technical review required by the project, including services provided by, but not limited to, attorneys, traffic engineers, landscape architects, civil engineers, fiscal analysts, and other professionals.
§ 6.3.3 Standards.
[Amended 3-18-2025 by Doc. 2-B]
The following standards shall apply to applications for special permits or for development review pursuant to § 10.1.4 for a multifamily, nonresidential, or mixed use:
1.
Lighting.
a.
Shielding. All outdoor light fixtures shall be shielded so as to meet the goals of this section.
b.
Light trespass. Direct glare or overspill from a light source is to be confined within the property boundaries. Lights shall not escape unshielded into the night sky.
c.
Light intensity. Outdoor lighting shall be designed to provide the minimum intensity needed at any particular time.
d.
Illuminated surfaces. Preferred surfacing for lighted areas shall be of materials such as blacktop which reflect a relatively small fraction of incident light. Parking area lighting shall be reduced or eliminated outside business hours. The SPGA may require an electrical configuration for parking lots which support shut off for specific unused areas to reduce the glare from lighting.
e.
Searchlights. The operation of laser shows or searchlights for advertising purposes is prohibited; provided, however, that same may be authorized for a period of not more than 14 days by special permit issued by the City Council.
f.
Indoor lighting. Indoor light sources will not be projected outside in a manner to defeat the intent of this chapter.
g.
Sodium vapor or metal halide lighting. No outdoor light fixtures using sodium vapor or metal halide lamp or lamps shall be allowed unless specifically authorized by the City Council by special permit.
h.
Outdoor signs. Outdoor light fixtures used to illuminate an outdoor sign shall be mounted on top of the sign structure or otherwise restricted to prevent up-light and light trespass.
i.
Flickering and flashing lights. No flickering or flashing lights shall be permitted. Processes, such as arc welding, which create light flashes shall be confined within buildings or shielded to prevent either direct glare or flashing.
k.
Hours of operation. Except as may be deemed appropriate for site safety or security, all external lighting, including lighting accessory to authorized signs, shall be extinguished 1/2 hour after the facility is closed for the business day. Such lighting may be timed to resume 1/2 hour prior to the arrival of the first employee on the premises.
3.
Landscaping.
a.
Street buffer strip. Except for a required sidewalk, a landscaped buffer strip at least 20 feet wide, continuous except for approved driveways, shall be established adjacent to any public road to visually separate parking and other uses from the road. The buffer strip shall be planted with grass, medium height shrubs, evergreens and shade trees having a minimum four inches in caliper measured four feet from ground level planted at least every 30 feet along the road frontage. Evergreens and shade trees shall be at least eight feet in height at time of planting. At all street or driveway intersections, trees or shrubs shall be set back a sufficient distance from such intersections so that they do not present an obstruction to sight lines.
b.
Screening and buffer area in B or C Districts. A screening and buffer area shall be required in any B or C District which adjoin or abut an R District at the side or rear of the property. This screening must consist of any one of, or some combination of, the following:
(1)
A solid fence or wall not less than six feet in height.
(2)
Evergreen shrubbery placed in two rows, with at least three feet between rows. There shall be at least three feet from the center line of the row adjacent to the lot line and said lot line. There shall be at least three feet from the center line of the row furthest from the lot line and the nearest paved area or building. The plants in each row shall be no more than four feet apart, and the plants in one row shall be staggered in relation to the plants in the other row. All plant materials shall be at least three feet in height at the time of planting and shall be maintained at maturity between five and six feet in height.
(3)
Shrubbery shall be selected from the species set forth in the Development Review Rules and Regulations.
(4)
Trees (or large-scale shrubs) placed in two rows, with at least 10 feet between rows. There shall be at least six feet from the center line of the row adjacent to the lot line and said lot line. There shall be at least six feet from the center line of the row furthest from the lot line and the nearest paved area or building. The plants in each row shall be no more than 20 feet apart, and the plants in one row shall be staggered in relation to the plants in the other row. At least 1/2 of the selected trees for screening purposes under this method shall be of an evergreen variety. Such trees shall be at least three feet in height if of the evergreen variety or two-inch caliper if of the deciduous variety at the time of planting. Trees (or large-scale shrubs) shall be selected from the species set forth in the Development Review Rules and Regulations.
(5)
The screening required by this section shall be set back 15 feet from each front lot line. The required screening, whether fencing or plant materials, shall be maintained in good condition.
(6)
The use of existing plant material and/or natural topography or any other method of screening entirely different from or in combination with the above may be utilized, provided that written approval of same is obtained from both the City of Haverhill's Director of Natural Resources and Director of Planning and Development.
c.
Large parking areas. Parking areas containing over 20 spaces shall have at least one shade tree per 10 parking spaces, such tree to be a minimum of 2 1/2 inches in diameter and located either in the parking area or within 10 feet of it. At least 5% of the interior of the parking area shall be maintained with landscaping, including trees, in landscape islands or plots of at least nine feet in width with no more than 20 parking spaces between each island or plot. Trees shall be located to provide visual relief from sun and wind interruption within the parking area and assure safe patterns of internal pedestrian and vehicular traffic. Other traffic calming measures such as crosswalks, bikelanes, rumble-strips and landscape islands may be required as necessary.
d.
Fencing. Fencing may be allowed in lieu or in conjunction with plantings. Design and height of such fencing, with accompanying landscaping, shall be subject to the approval of the SPGA or development review.
e.
Retaining walls. Retaining walls shall be constructed to a maximum height of six feet. If site conditions require elevation changes of greater than six feet, retaining walls shall be terraced and landscaped. Retaining walls facing residential districts shall be solid fieldstone or fieldstone veneer or other similar material. Unless used within the business districts, vertical cast in place concrete or concrete blocks shall not be permitted.
f.
Berms. The SPGA or development review may require a berm or berms in appropriate circumstances to promote the goals of this section.
g.
Unsightly uses and areas. Exposed storage areas, refuse disposal facilities, machinery, service areas, truck loading areas, utility buildings and structures and other unsightly uses shall be screened from view from neighboring properties and streets using dense, hardy evergreen plantings, or earthen berms, or wall or tight fence complemented by evergreen plantings.
h.
Maintenance. All landscaping features, structures and areas shall be properly maintained. Dead shrubs or trees shall be replaced within one growing season as a condition of approval.
i.
Preservation of natural vegetation and provision of street trees. Initial development of any parcel or lot shall include the provision of street trees, landscaping and preservation of natural vegetation in the following manner:
(1)
Street trees selected from those deciduous types listed in the Development Review Rules and Regulations shall be planted a maximum of 50 feet on center and three feet from the front property line (and within the property and with proper allowance for utility lines and driveways).
(2)
Exclusive of the street trees noted above, each lot or parcel developed shall include the installation of trees selected from and as stipulated in such regulations in the following ratio:
(a)
Single-family and two-family homes on lots less than 15,000 square feet: two trees per lot.
(b)
Single-family and two-family homes on lots of 15,000 square feet or more: four trees per lot.
(c)
Multifamily development: 15 trees per acre.
(d)
Commercial or business development: one tree per every 20 parking spaces, to be distributed within such parking areas and protected from vehicular damage.
(3)
The developer of any lot or parcel is encouraged to preserve existing vegetation and, therefore, may fulfill the above requirements by maintaining and preserving existing tree growth that is consistent with the above specifications.
4.
Stormwater Management.
a.
Consistency with the Massachusetts Stormwater Management Policy. All development shall comply with the DEP's Stormwater Management Policy (including Phase III Stormwater requirements), to ensure that the rate of surface water run-off from the site shall not be increased after construction.
b.
Dry wells. Dry wells shall be used only where other methods are unfeasible and shall require oil, grease, and sediment traps to facilitate removal of contaminants.
c.
Conservation Commission. Where applicable, no special permit shall be issued unless a report shall have been received from the Conservation Commission or the SPGA or development review that the storm drainage system is consistent with DEP Stormwater Management Policy and that there is sufficient storm drainage capacity to meet the flow demands of the proposed development on-site, and where applicable, without causing surge in those storm drainage lines which serve the project and are consistent with the standards of the City.
d.
Temporary measures. During the construction phase, temporary diversions, berms, grassed waterways, special culverts, shoulder dikes or such other mechanical measures as may be necessary may be required by the SPGA or development review to intercept and divert surface water runoff. Runoff flow shall not be routed through areas of protected vegetation or revegetated slopes and other areas. Temporary runoff from erosion and sedimentation controls shall be directed according to BMPs, such as vegetated swales. Retaining walls may be required where side slopes are steeper than a ratio of 3:1.
e.
Erosion and sedimentation control. Erosion and sedimentation controls shall be constructed in accordance with the DEP Stormwater Guidance manual. Topsoil and loam storage areas shall be subject to these standards.
(1)
Erosion control measures shall include the use of erosion control matting, mulches and/or temporary or permanent cover crops. Mulch areas damaged from heavy rainfalls, severe storms and construction activity shall be repaired immediately.
(2)
Erosion control matting or mulch shall be anchored where plantings are on areas subject to mulch removal by wind or water flows or where side slopes are steeper than 3:1 or exceed 10 feet in height. During the months of October through March when seeding and sodding may be impractical, anchored mulch may be applied at the SPGA's or development review's discretion.
(3)
The mouths of all catch basins shall be fitted with filter fabric during the entire construction process to minimize siltation or such basins shall be designed as temporary siltation basins with provisions made for final cleaning.
(4)
During construction, the applicant shall be required to conduct weekly inspections of all erosion and sedimentation control measures on the site to ensure that they are properly functioning as well as to conduct inspections after severe storm events.
5.
Site Development Standards.
a.
Land disturbance. Site/building design shall preserve natural topography outside of the development footprint to reduce unnecessary land disturbance and to preserve natural drainage on the site.
b.
Replication. Clearing of vegetation and alteration of topography shall be replicated with native vegetation planted in disturbed areas as needed to enhance or restore wildlife habitat.
c.
Clearing for utility trenching. Clearing for utility trenching shall be limited to the minimum area necessary to maneuver a backhoe or other construction equipment. Roots should be cut cleanly rather than pulled or ripped out during utility trenching. Tunneling for utilities installation should be utilized wherever feasible to protect root systems of trees.
d.
Site design.
(1)
Placement of buildings, structures, or parking facilities shall not detract from the site's scenic qualities and shall blend with the natural landscape.
(2)
Building sites shall be directed away from the crest of hills, and foundations shall be constructed to reflect the natural terrain.
(3)
Sites shall be designed in such a way as to avoid impacts to rare and endangered species and wildlife habitat on a site, and to maintain contiguous forested areas.
e.
Preservation of existing vegetation. Priority shall be given to the preservation of existing stands of trees, trees at site perimeter, contiguous vegetation with adjacent sites (particularly existing sites protected through conservation restrictions), and specimen trees.
(1)
Understory vegetation beneath the dripline of preserved trees shall be retained in an undisturbed state.
(2)
During clearing and/or construction activities, all vegetation to be retained shall be surrounded by temporary protective fencing or other measures before any clearing or grading occurs, and maintained until all construction work is completed and the site is cleaned up. Barriers shall be large enough to encompass the essential root zone of all vegetation to be protected. All vegetation within the protective fencing shall be retained in an undisturbed state.
f.
Limit of clearing. Development envelopes for structures, driveways, wastewater disposal, lawn areas and utility work shall be designated to limit clearing and grading.
(1)
In order to minimize the clearing and grading on a site associated with construction activities such as parking of construction vehicles, offices/trailers, stockpiling of equipment/materials, such activities may be limited to areas already planned for permanent structures.
(2)
Topsoil shall not be stockpiled in areas of protected trees, wetlands, and/or their vegetated buffers.
g.
Finished grade. Finished grades should be limited to no greater than a 3:1 slope, while preserving, matching, or blending with the natural contours and undulations of the land to the greatest extent possible. Finished grade shall be no higher than the trunk flare(s) of trees to be retained. The design of grade changes at the base of existing large trees shall be subject to the approval of the SPGA or development review.
h.
Phasing of development. The SPGA or development review may limit the extent of a site exposed at any one time through phasing of construction operations. Effective sequencing shall occur within the boundaries of natural drainage areas.
i.
Revegetation. Proper revegetation techniques shall be employed during construction using native plant species, proper seed bed preparation, fertilizer and mulching to protect germinating plants. Revegetation shall occur on cleared sites within seven calendar days of final grading and shall occur during the planting season appropriate to the selected plant species.
j.
Topsoil. A minimum of six inches of topsoil shall be placed on all disturbed surfaces which are proposed to be planted.
k.
Irrigation. The SPGA or development review may require that water for the purpose of irrigation shall be provided by an onsite well, after consultation with the Water Department.
6.
Pedestrian and Vehicular Access; Traffic Management.
a.
Access. To the extent feasible, access to nonresidential uses and structures shall be provided via one of the following: i) access via a common driveway serving adjacent lots or premises; ii) access via an existing side street; or iii) access via a cul-de-sac or loop road shared by adjacent lots or premises.
b.
Driveways. Each development shall be served by an adequate driveway.
(1)
The SPGA or development review may, in certain circumstances, allow additional driveways as a condition of approval where the access is shared or the project has frontage on two separate streets.
(2)
All driveways shall be designed to afford adequate sight distance to pedestrians, bicyclists, and motorists exiting to public ways. Improvements may be required on the public way for vehicular turning movements in or out of the site and safe pedestrian access to adjoining sidewalks, paths, walking trails or bikeways.
c.
Curb cuts. Curb cuts shall be limited to the minimum width for safe entering and exiting, and shall in no case exceed 24 feet in width unless waived by the SPGA or development review for business truck traffic. The location of driveway openings in relation to traffic and to adjacent streets shall provide for the convenience and safety of vehicular and pedestrian movement within the site. The number of curb cuts on state and local roads shall be minimized.
d.
Interior circulation. The proposed development shall assure safe interior circulation within its site by separating pedestrian, bikeways, and vehicular traffic.
e.
Transportation plan approval. The proposed development may be subject to transportation plan approval by the SPGA or development review. The transportation plan shall consist of the following information:
(1)
A plan showing the proposed parking, loading, and traffic circulation within the site; access and egress points; and other features related to traffic generated by the proposed use.
(2)
A traffic study, prepared by a qualified traffic engineer, detailing the excepted traffic impacts. For proposed development in excess of 25,000 gross square feet, the required traffic study shall substantially conform to the Institute of Transportation Engineers' "Traffic Access and Impact Studies for Site Development: A Recommended Practice," latest edition. The SPGA or Board shall approve the geographic scope and content of the study. In addition, the applicant shall submit a transportation demand management (TDM) plan tailored to the specific uses and the geographic location of the site.
(3)
Proposed mitigation measures, if any, such as left-turn lanes, roadway widening, signage, signalization of intersections.
(4)
For proposed development in excess of 25,000 gross square feet, the applicant shall submit a traffic management component (TMC) as part of the transportation plan. The TMC shall provide information on the number of expected person trips to and from the site, broken down by various travel modes (e.g., single-occupancy vehicle, carpool, walk, bicycle, commuter rail, shuttle bus, etc.). The TMC shall also incorporate one or more of the following techniques to reduce the number of single-occupancy vehicle trips by employees coming to and departing from the proposed use:
(a)
Establishment of or contribution to a traffic management association (TMA) within the region, which shall provide shuffle services for employees and other services as may be appropriate;
(b)
Employee carpools or vanpools sponsored by the employer or the TMA;
(c)
Subsidized commuter rail passes, provided by the employer, and sold on the site or offered through payroll deduction;
(d)
Monetary incentives to employees who do not use a parking space;
(e)
On-site shower facilities and/or bicycle racks for employees who do not drive to work;
(f)
Other techniques as may be deemed appropriate by the SPGA or development review or its traffic consultant.
f.
Level of service (LOS) maintenance or improvement.
(1)
If the proposed project will result in an intersection level of service below a rating of LOS D, or result in a roadway volume to capacity rating greater than 1.0, the applicant may be required to provide detailed plans (including reconstruction concepts), that when implemented would result, to the extent feasible, in an intersection level of service rating of D or better.
(2)
If the proposed project will result in a reduction in level of service of one letter grade or an increase of 10 seconds of delay to a signalized or unsignalized intersection, the applicant may be required to provide detailed plans that when implemented would result, to the extent feasible, in a return to existing conditions.
g.
(Reserved)
h.
Dangerous intersections. The SPGA or development review may require mitigation for any net increase in traffic volumes of 10% or more at an intersection that has an accident history of more than five accidents in the last three years for which data is available.
i.
Sight distance. Acceptable sight distance shall be provided and maintained at all access locations, egress locations, and all intersections affected by the Development. At a minimum, these site distances shall meet the stricter of the Massachusetts Highway Department and American Association of State Highway Transportation Officials standards for safe-stopping sight distances.
j.
Mitigation. Development review may require as a condition of any site plan approval or special permit, respectively, off-site improvements to mitigate the impact of the proposed development. Such improvements include intersection widening and traffic signals or the components of the TMC. All road and intersection improvements proposed as part of development and redevelopment shall be consistent with local plans.
k.
Pedestrian and bicycle safety. Pedestrian and bicycle circulation, and the amenities required thereof, on and off site, shall be in accordance with the following requirements:
(1)
All development and redevelopment shall provide for pedestrian and bicyclist connections on the property, and allow for possible future connections with adjoining properties, where deemed appropriate by development review.
(2)
Pedestrian access shall connect to all building entrances with further connections to local pedestrian arteries.
(3)
All road and intersection widening and new traffic signals or modification of existing traffic signals required as part of a development or redevelopment shall include appropriate bicycle and pedestrian accommodation.
(4)
Development review may require proposed development and redevelopment to provide sufficient rights-of-way on their properties to accommodate expected needs for bicycle and pedestrian use.
(5)
Sidewalks, crosswalks, walkways, bike racks or other pedestrian access shall be provided to allow access to adjacent properties and between individual businesses within a development.
(6)
If the property abuts a public bikeway/right-of-way, a paved access route to the bikeway may be required.
l.
Location of parking areas. Where feasible, development review may require parking areas to be located to the side or behind buildings so as to provide an appropriate setting for the building within the context of the site and neighborhood and allow parking areas to be shared with adjacent businesses. The SPGA or development review may require alternative studies of parking lot layouts. Except where physical constraints, site configuration, or safety considerations preclude strict compliance, all parking must be accessible by driveways to the parking lots of adjacent nonresidential uses and land zoned for nonresidential uses.
m.
Traffic-calming features. Traffic-calming measures such as crosswalks, bikelanes, rumble strips and landscaped islands may be required.
7.
Aesthetics.
a.
Compatibility with neighborhood. The location, size and design, building materials, and operating characteristics of the proposed development shall be compatible with and will not adversely affect the livability or appropriate development of abutting properties, with natural and built environment in the area and the surrounding neighborhood, with consideration to be given to the following:
8.
Utilities; Security; Emergency Systems.
a.
Wastewater treatment and disposal. The SPGA or development review may require a report from the Board of Health confirming that the proposed site development provides for wastewater treatment and or disposal in a manner that is consistent with regulations of the Commonwealth of Massachusetts and the Board of Health.
b.
Water. There shall be sufficient water capacity to meet the flow demands of the proposed use without causing municipal water flow characteristics off-site to fall below the standards adopted by the City.
c.
Site security. There shall be a certification by the Police Chief that the petitioner has provided a written plan for site security, which plan has been approved by the Police Chief.
d.
Underground. All electrical, cable and telecommunications services shall be installed underground.
e.
Fire alarm system. There shall be sufficient municipal fire alarm system capacity to meet the operating requirements of the proposed site development and use under applicable codes, regulations, and statutes enforced by the Fire Chief.
9.
Other General Standards.
a.
Any use permitted by right, special permit and/or variance in any district shall not be conducted in a manner as to emit any dangerous, noxious, injurious or otherwise objectionable fire, explosion, radioactive or other hazard; noise or vibration, smoke, dust, odor or other form of environmental pollution; electrical or other disturbance; glare; liquid or solid, refuse or wastes; conditions conducive to the breeding of insects, rodents or other substance, conditions or element in an amount as to affect adversely the surrounding environment. All operations shall be conducted in such a manner so as to comply with the laws of the Commonwealth of Massachusetts regulating air pollution.
b.
The following standards shall apply.
(1)
Emissions. Emissions shall be completely and effectively confined within the building or so regulated as to prevent any nuisance, hazard or other disturbance from being perceptible (without the use of instruments) at any lot line of the premises on which the use is located.
(2)
Flammables. All activities and all storage of flammable and explosive materials at any point shall be provided with adequate safety devices against fire and explosion and adequate firefighting and fire-suppression devices and equipment.
(3)
Radioactivity. No activities shall be permitted that emit dangerous radioactivity.
(4)
Electrical disturbance. No electrical disturbance adversely affecting the operation at any point, of any equipment, other than that of the creator of such disturbance, shall be permitted.
(5)
Discharge. No discharge other than that approved by the Haverhill Health Department or other proper authority, at any point, into a private sewage system, stream, the ground or a municipal sewage disposal system of any material in such a way or of such a nature or temperature as can contaminate any running stream, water supply or standing body of water or otherwise cause the emission of dangerous or objectionable elements and accumulation of wastes conducive to the breeding of rodents or insects shall be permitted.
(6)
Vibration. No vibration which is discernible to the human sense of feeling for three minutes or more in any hour between 7:00 a.m. and 7:00 p.m., or for 30 seconds or more in any one hour between 7:00 p.m. and 7:00 a.m. shall be permitted. No vibration at any time shall produce an acceleration of more than 0.1 gravity or shall result in any combination of amplitudes and frequencies beyond the safe range of Table 7, United States Bureau of Mines Bulletin No. 442.
§ 6.3.4 Exemptions.
The following are exempt from these standards:
1.
Emergency Response. Emergency responses performed by a private entity or a public agency and fire or burglar alarms.
2.
Municipal Uses and Structures. All municipal uses and structures, including schools.
3.
Events. Parades, fairs or outdoor entertainment between the hours of 7:00 a.m. and 11:00 p.m. only, provided that a permit for such activity has been granted by the City Council and that said permit is for not more than 10 days.
§ 6.3.5 Waiver of Standards.
The SPGA may, in the course of granting a special permit for nonresidential, multifamily or mixed-use development, waive any of these performance standards where such waiver is not inconsistent with public health and safety, and where such waiver does not derogate from the purposes of this section because the proposed development will adequately serve the goals and objectives set forth in § 6.3.1 hereof. When a project is subject only to development review, the City department with jurisdiction may recommend a waiver to the Building Commissioner if permitted by law.
§ 6.3.6 Enforcement.
The SPGA or development review may ensure compliance with these performance standards at the application stage by requiring evidence of probable compliance, whether by example of similar facilities or by engineering analysis, verified by technical peer review. In addition, the SPGA or development review may require a monitoring program post-permit issuance for compliance purposes for a time period as may be specified in the special permit or certificate of occupancy.