Marlborough City Zoning Code
ARTICLE XII
Designed Development Zone Regulations
§ 340-12.1 Intent.
A.
These zoning regulations are designed for the typical development of single principal detached structures on individual lots. It shall be the intent of this article of this chapter to permit the development of groups of principal buildings on a single lot only under the strictest control to assure that the intent of this chapter is carried out.
B.
The following zones are established to allow such variation and to permit a total project to be developed as a single unit:
(DI) | Designed Industrial Zone | |
|---|---|---|
(DR) | Designed Recreation Zone |
§ 340-12.2 Application procedure.
A.
All applicants shall submit a preliminary site development plan to the Commission for the purpose of presenting a preliminary design of the proposed development to the community at an early stage in the design process and to incorporate the applicable comments and suggestions into the overall design.
B.
At a minimum, the preliminary site development plan shall include enough detail to measure for the requirements of this chapter and to clearly present the proposal. This preliminary plan shall be submitted with five copies of the plans, a description of the proposed uses and plans that include:
(1)
Title of the project, name of the developer, names of the professionals preparing the plans, scale, date and a North arrow.
(2)
A general location map indicating the surrounding properties within 500 feet of the property.
(3)
The boundaries of the subject site.
(4)
The existing and proposed topography of the site.
(5)
Soils map, particularly inland wetland areas.
(6)
Road and parking plans.
(7)
Recreation space plan.
(8)
Location of water supply and sewage disposal systems.
(9)
Building, structural layout and architectural rendering of the proposed buildings.
(10)
The number of proposed units.
(11)
Architectural elevations of the buildings and the proposed floor area of the buildings.
(12)
Tabulations of the gross acreage of the development and the percentage of lot coverage of buildings, open space, roads and parking.
C.
The plans shall be submitted to the administrative official at least seven days prior to a regularly scheduled meeting. A public information session for the preliminary site development shall be held within 65 days after receipt of the preliminary plans. Notice of the time and place of such information session shall be published in a newspaper having a substantial circulation in the Town at least two times, the first not more than 15 days nor less than 10 days before the date of such public information session. The public information session will be held for the purpose of receiving input and comment on the preliminary plan from the general public.
D.
The applicant shall submit the names of all property owners within 500 feet in all directions from the subject area as they appear in the records of the Tax Assessor of the Town. The applicant shall be responsible for sending notice for the public information session by certified mail to the property owners appearing in the aforementioned records at least 30 days before the public information session. The applicant shall supply the ZEO with copies of the certified mail receipt forms. The ZEO shall supply the applicant with a copy of the public information session meeting notice.
E.
After the public information session, the applicant may proceed to submit the special permit application, Zone Map amendment application and site development plans that satisfy the requirements of Article V of this chapter as well as all other applications and requirements of the Town.
G.
The Zone Map amendment and special permit application shall be submitted to the Town Planning Commission for comment, and any report submitted by the Planning Commission shall be entered into the minutes of the public hearing.
H.
A public hearing for the Zone Map amendment application shall be held no later than 65 days after receipt of the application.
I.
The public hearing for the special permit application shall be held immediately after the public hearing for the Zone Map amendment application but before Zoning Commission action on the Zone Map amendment application.
J.
No special permit shall be approved without Zoning Commission approval of the Designed Development Zone Map amendment.
K.
The site development plan for any lot within a Designed Development Zone shall not be modified unless and until the Commission shall have approved a special permit application submitted by the owner of such lot in the same detail as required for an initial application under Article XII and accompanied by the fee per the Town's Land Use Fee Schedule. Such special permit application shall be processed in the same manner as a new application under this Article XII.
§ 340-12.3 General requirements for Designed Development Zones.
A.
No parking or loading shall be permitted in any required front, rear or side yard, except where otherwise permitted in this chapter.
C.
All developments shall be located so as to provide direct assess to major streets and highways and other transportation facilities without creating traffic problems along minor streets and residential neighborhoods outside of such zoning districts which will have adverse effects on adjacent development.
D.
The site shall be suitable for development in the manner proposed without causing hazards to persons or property on or off the site from flooding, erosion, slipping of the soil, or other danger, annoyances or inconveniences. Conditions of soil, groundwater level, drainage and topography must be appropriate in both land and pattern of use intended.
F.
Loading and unloading space shall be provided entirely within the property area.
H.
Screening shall be provided for trash, refuse or refuse containers.
L.
Interior walks are to be of sufficient width and construction to serve emergency vehicles and apparatus.
M.
The location of structures, shown on the site development plan, shall be so arranged as to be harmonious and compatible with the adjacent existing structures and with the general development within the neighborhood.
N.
All utilities shall be underground (electric, telephone, etc.).
O.
All HVAC, elevator, utility, venting and other similar structures shall be screened from view and shall not exceed 15% of the roof area of any building.
P.
No development under this section shall be approved unless the dwelling units are to be serviced by public water supply or state-approved private water supply. If the developer proposes to provide a private water supply, he shall assure the satisfactory continuing operation and maintenance permanently until the equivalent public utilities are available.
Q.
All interior streets shall be constructed in compliance with the Town of Marlborough Highway Specifications for Subdivision. The right-of-way requirements and road width requirements may be waived if the streets are considered by the Zoning Commission to be of local use only for the site. In no case shall the paved portion be less than 20 feet.
R.
The minimum space between buildings shall be 50 feet.
S.
All plans for subsurface sewage disposal must be designed by a professional licensed engineer and submitted to the State Department of Health and the State Department of Energy and Environmental Protection for their approval. The approval shall be issued in writing before final approval shall be issued by the Commission.
T.
The site shall be provided with an adequate stormwater and surface water drainage system constructed and designed in accordance with the Town of Marlborough Highway Construction and Design Standards. The overall drainage system shall be designed such that the runoff rate outside of the development during or after development does not exceed the rate which existed before development. This may be accomplished by retention basins, infiltration basins or other acceptable means.
§ 340-12.4 Prerequisite for Commission approval.
In consideration of the proposed Zone Map amendment, the Zoning Commission shall ensure conformance with the criteria defined in Article XVI and other provisions of this chapter.
§ 340-12.5 Special requirements.
A.
Designed Industrial Zone.
(1)
Location. Designed Industrial Zones are permitted by change of the zone to Designed Industrial Zone.
(2)
Special permit uses. In a Designed Industrial Zone a special permit, issued by the Zoning Commission based on conformance with the criteria defined in this chapter, is required in order to construct a building or buildings for the uses listed below. After a certificate of occupancy is issued for the building in conformance with the approved site plan, any change in use allowed in the Designed Industrial Zone may be allowed in the structure, except as defined below by asterisks, as long as the parking requirements, sanitation requirements, and building and fire code(s) requirements, etc., can be met and the exterior site plan is not changed. Such changes in use need approval from the Zoning Enforcement Officer (ZEO). In the event the ZEO determines that the applicable requirements, regulations or other issues within the jurisdiction of the Zoning Commission are not satisfied by the change in use, the only appeal of that determination shall be via application for a special permit for such change in use.
(a)
Office buildings.
(b)
Research laboratories.*
(c)
Warehouses, wholesale or storage.*
(d)
Manufacture, processing or assembly of goods, excepting that which is dangerous by reason of fire, radiation or explosion, or injurious, noxious or detrimental to the surrounding neighborhood by reason of emissions.*
(e)
Grain sales and storage.
(f)
Contractors' storage yards, except salvage and wrecking services.*
(g)
Public utility garages, pole yards, and similar facilities.*
(h)
Public utility installations needed for public convenience and necessity.
(i)
State and federal government building.*
(j)
Municipal facilities and uses.*
(k)
Lumber and building materials, sales and storage.
(m)
School/public bus shelters.
(n)
Public telephone booths.
* NOTE: These land uses have the potential for contaminating the groundwaters of the Town, consequently the Commission may require certain design restrictions, such as but not limited to setbacks, material storage areas, floor drains, stormwater management facilities and fire-protection measures. |
B.
Designed Recreational Zone.
(1)
Location. Designed Recreational Zones are permitted by change of the zone to Designed Recreational Zone.
(2)
Special permit uses. A special permit, issued by the Zoning Commission based on conformance with the criteria defined in this chapter, is required to define the use(s) permitted in a Designed Recreation Zone. The following uses are permitted: (*see Note b).
(a)
Use of land, including buildings, by clubs or organizations for recreation;
(b)
The commercial selling or rental of goods only of the character that would be used on the premises;
(c)
Any other use deemed to be recreation by the Zoning Commission;
(d)
State and federal government buildings;
(e)
Municipal facilities and uses;*
(f)
Accessory buildings and uses, subject to the requirements of Article VI.
NOTE: | ||
|---|---|---|
b. | These land uses have the potential for contaminating the groundwaters of the Town, consequently the Commission may require certain design restrictions, such as but not limited to setbacks, material storage areas, floor drains, stormwater management facilities and fire-protection measures. | |
(3)
Standards and criteria. In addition to the general requirements for Designed Development Zones as specified as § 340-12.3 of this article, the following criteria shall be satisfied to protect the public health, safety and welfare:
(a)
No structure used for recreation or other related purpose shall be located within 150 feet of any adjoining residential property line or within 100 feet of any adjoining GC, GIA, GIB, DC, DI and DMR Zones and the street line.
(b)
No land activity used for recreation shall be within 50 feet of any adjoining property line.
(c)
Vehicular access shall not be within 100 feet of any adjoining property line.
(4)
Height, area, yard and floor area requirements.
(b)
Minimum required yards.
[1]
Front yard: 75 feet.
[2]
Side yard: 50 feet.
[3]
Rear yard: 50 feet.
[4]
Buffer yard: 50 feet.
NOTE: | |
|---|---|
Minimum yard requirements are designed to protect neighboring properties from the site placement of buildings, parking areas or other structures and activities. The minimum yard requirements shall not apply to athletic fields or play areas unless the Commission requires such setbacks, except that the minimum buffer strip shall apply. |
(c)
Maximum height: 40 feet.
(d)
Minimum floor area: 1,200 square feet.
(e)
Maximum building coverage: 25%.
(f)
Maximum lot coverage: 60%.
(g)
Maximum building size, single floor: 60,000 square feet.
(5)
Height, area, yard and floor area requirements.
(b)
Minimum required yards.
[1]
Front yard: 200 feet.
[2]
Side yard: 150 feet.
[3]
Rear yard: 150 feet.
[4]
Buffer yard: 50 feet.
NOTE: | |
|---|---|
Minimum yard requirements are designed to protect neighboring properties from the site placement of buildings, parking areas or other structures and activities. The minimum yard requirements shall not apply to athletic fields or play areas unless the Commission requires such setbacks, except that the minimum buffer strip shall apply. |
(c)
Maximum height: 40 feet.
(d)
Maximum building coverage: 10%.
(e)
Maximum lot coverage: 60%.