2110. Establishment. For the purposes of this Ordinance, the City of New Bedford is hereby divided into the following districts:

Residence A District (RA)

Residence B District (RB)

Residence C District (RC)

Residence AA District (RAA)

Mixed Use Business District (MUB)

Planned Business District (PB)

Industrial A District (IA)

Industrial B District (IB)

Industrial C District (IC)

Waterfront Industrial District (WI)

Downtown Business Overlay District (DBOD)

Riverside Avenue Mill Overlay District (RAMOD)

Hicks Logan District (HLD)

MacArthur Drive District (MDD)

The following overlay districts are also hereby created:

Flood Hazard Overlay District (FHOD)

Downtown Overlay District

Working Waterfront Overlay District

Cove Street Mill Overlay District (COSMOD)

Mott-David-Ruth Mill Overlay District (MDRMOD)

Soule Mill Overlay District (SMOD)

Advanced Manufacturing Campus (AMC)

Except as otherwise provided herein, the boundaries of these districts are defined and set forth on the map entitled, "Zoning Map, City of New Bedford, dated ___," as may be subsequently amended by vote of the City Council. This map is on file with the City Clerk. The zoning map, with all explanatory matter thereon, is hereby made a part of this Ordinance. The boundaries of all land use zoning districts adjoining tidal waters shall extend to the low water mark as defined in regulations promulgated pursuant to M.G.L.A. c. 91 by the Massachusetts Department of Environmental Protection.

(Ord. of 12-23-03, § 1; Ord. of 6-7-04, § 1; Ord. of 1-27-06, § 1; Ord. of 5-19-21, § 1; Ord. of 1-23-2023, § 1; Ord. of 3-29-2023, § 1)

2120. Boundary Definition. Except when labeled to the contrary, boundary or dimension lines shown approximately following or terminating at street, railroad, or utility easement center or layout lines, boundary or lot lines at water body shoreline or the channel of a stream, shall be construed to be actually at those lines; when shown approximately parallel, perpendicular, or at an angle to such lines shall be construed to be actually parallel, perpendicular, or at an angle thereto. When not located in any other way, boundaries shall be determined by scale from the map.

(Ord. of 12-23-03, § 1)

State Law reference— Zoning districts generally, M.G.L.A. c. 40A, § 4.

2210. General. No structure shall be erected or used or land used except as set forth in Section 2230, "Table of Use Regulations", unless otherwise provided by this Ordinance or by statute. Uses not expressly provided for herein are prohibited. Not more than one principal structure shall be placed on a lot, except in accordance with Section 2240 or Section 2330.

Symbols employed below shall mean the following:

Y - A permitted use.

N - An excluded or prohibited use.

BA - A use authorized under special permit from the Board of Appeals as provided under Section 5300.

CC - A use authorized under special permit from the City Council as provided under Section 5300.

PB - A use authorized under special permit from the Planning Board as provided under Section 5300.

2220. Applicability. When an activity might be classified under more than one of the following uses, the more specific classification shall govern; if equally specific, the more restrictive shall govern.

2230. Table of Use Regulations. See Appendix A.

2240. Uses in the Waterfront Industrial District. Notwithstanding anything to the contrary contained in Chapter 9 herein and specifically the last sentence of Section 2210 restricting not more than one Principal Structure on a Lot, within the Waterfront Industrial District, more than one principal use, in one or more buildings or structures, may be permitted on a lot provided that: (i) the lot upon which the uses will be located is found entirely within the Waterfront Industrial District as depicted on the New Bedford Zoning Map, (ii) each principal use of the buildings and/or structures is an allowed Industrial Use as set forth in Section 2230, "Table of Use Regulations," and, (iii) absent any required relief under this Ordinance, all other dimensional, density, setback, parking and loading requirements under this Ordinance are met.

(Ord. of 12-23-03, § 1; Ord. of 10-30-24, §§ 1, 2; Ord. of 8-21-25(1), § 7)

2310. General. Any use permitted as a principal use is also allowed as an accessory use, as are others customarily accessory and incidental to permitted principal uses. Accessory uses are permitted only in accordance with lawfully existing principal uses. An accessory use may not, in effect, convert a principal use to a use not permitted in the zoning district in which it is located. Where a principal use is permitted under special permit, its accessory use is also subject to the special permit. In all instances where site plan review and approval is required for a principal use, the addition of any new accessory use to the principal use, where such addition exceeds the thresholds established in Section 5400, shall also require site plan review and approval.

2320. Accessory Uses.

2321. Accessory Scientific Uses. Uses, whether or not on the same parcel as activities permitted as a matter of right, which are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit by the Board of Appeals, provided that the Board of Appeals finds that the proposed use does not substantially derogate from the public good.

2322. Boarders in Single-Family Dwelling. The renting of rooms and/or furnishing of board to not more than two (2) persons in an owner occupied single-family dwelling by the owner/occupant thereof shall be a permitted accessory use. The renting of rooms and/or furnishing of board to three (3) or more persons in an owner occupied single-family dwelling by the owner/occupant thereof shall be deemed a boarding house subject to the provisions of Section 2230, herein.

2323. Family Day Care Homes. In all districts, family day care may be provided as an accessory use upon the issuance of Certificate of Approval by the Building Commissioner pursuant to the provisions of Sections 4900A through 4930A.

2324. In residence districts, by special permit from the Board of Appeals, off-street parking facilities for more than five (5) automobiles, provided that said parking facilities are on a lot directly across the street from the building they are intended to serve and that said parking facilities shall be used only by the occupants of the building and by persons visiting or doing business with said occupants.

2325. In residence districts, by special permit from the Board of Appeals, joint use of off-street parking facilities by buildings on contiguous lots provided that said parking facilities shall be used only by the occupants of the buildings they are intended to serve and by persons visiting or doing business with said occupants.

(Ord. of 12-23-03, § 1; Ord. of 1-20-15, § 2)

2330. Accessory Structures.

2331. Private Garages. Where a private garage constitutes an attached part of the principal dwelling, the minimum setback, side yard and rear yard requirements of the district shall be provided. Where the private garage is detached and accessory, the garage shall be at least ten (10) feet from the principal building, except for garages which meet the fire rating standards of the Massachusetts Building Code for attached garages, in which case the separation requirement is waived. Side yard requirements for detached accessory garages shall be the same as for the principal dwelling. The minimum distance from the rear lot line for detached garages shall be four (4) feet.

2332. Accessory buildings or structures, including private garages, may occupy in the aggregate not over forty (40) percent of the required rear yard area.

2333. Accessory buildings or structures shall not be erected over eighteen (18) feet in height, as measured from the mean average grade of the proposed location of the structure, prior to construction.

2334. No part of such accessory buildings or structures shall be located within thirty (30) feet of the street line on which the principal structure fronts, and, if located within fifty (50) feet from the front street line of the lot, no part of such buildings or structures shall be located within twelve (12) feet of any side lot line intersecting such street. If located in excess of fifty (50) feet from the front street line, the side yard setback shall conform to the requirements of the principal dwelling.

2335. In the case of corner lots less than fifty (50) feet in width, a garage not over twenty-four (24) feet in depth may be placed at the rear of the lot to comply with Section 2334 as nearly as possible, provided that in no case shall the said garage be located less than twenty (20) feet from the street line bounding the longer side of the lot and not less than twelve (12) feet from the lot line intersecting said street line. Such restriction may be waived by mutual agreement between the adjoining property owners, secured by and filed with the Inspector of Buildings.

2336. No trailer shall be occupied for dwelling or sleeping purposes within any residential district, except as allowed pursuant to M.G.L.A. 40A, § 3. A trailer may be permitted to locate within any district other than a residential district provided a special permit is granted by the City Council after a public hearing, upon a finding that the placement and occupancy of the trailer will not be detrimental to the neighborhood in which the lot is located and after consideration of the factors specified in Section 5300 herein.

2337. The initial term and subsequent terms of a special permit for a trailer shall expire after two (2) years. In the event such special permit is renewed, after a public hearing, upon a finding that the placement and occupancy of the trailer will not be detrimental to the neighborhood in which the lot is located and after consideration of the factors specified in Section 5300 herein, the City Council shall promptly notify the Inspector of Buildings. Subsequent special permit issuances for existing trailers, if any, shall be granted after certification by affidavit is made by the applicant that the trailer has not been extended, enlarged, or altered to increase its original dimensions, or use as defined in the initial special permit application, and that the need for the special permit still exists and there has been no change in the use or circumstances for which the special permit was originally granted.

2338. Protection of Swimming Pools and Fish Ponds. Every person owning land on which there is situated an inground swimming pool, an aboveground swimming pool four (4) feet or more deep, a fish pond or other natural or man-made body of water which constitutes an obvious hazard, having a depth at any point of more than two (2) feet, shall cause the same to be completely enclosed by a fence. All fence openings or points of entry into the land area shall be equipped with gates. The fence and gates shall be four (4) feet in height above the ground level. All gates shall be equipped with self-closing and self-latching devices placed at the top of the gate. Swimming pools or fish ponds, containing more than twenty-four (24) inches of water in depth, whether public or private, shall be located in such a way that it will not be closer than three (3) feet to any building, six (6) feet to any property line and shall not extend into any front yard or beyond the front sidewall of the dwelling on said lot.

2339. Barbed Wire. Barbed wire is prohibited in all residential zones, or on property lines abutting residential zones below a height of eight (8) feet above grade.

2339A. Structures used for kennels or the housing of animals. Any structure used for a kennel or for the housing of animals shall be located at least twelve (12) feet from any lot line, street line or dwelling and shall not extend into any front yard or beyond the front sidewall of any dwelling.

(Ord. of 12-23-03, § 1; Ord. of 11-12-04, § 1)

2340. Accessory Dwelling Units. For the purpose of enabling owners of single-family dwellings larger than required for their present needs, particularly elderly homeowners, to share space and the burdens of home ownership, the Board of Appeals may grant a special permit in accordance with the following requirements:

2341. Accessory dwelling units may be allowed on special permit, which shall lapse every two (2) years, in accordance with Section 5300, and provided that each of the following additional criteria are met.

2342. A plot plan, prepared by a registered land surveyor, of the existing dwelling unit and proposed accessory dwelling unit shall be submitted, showing the location of the building on the lot, proposed accessory dwelling unit, location of any septic system and required parking. A mortgage inspection survey, properly adapted by a surveyor, shall be sufficient to meet this requirement;

2343. Certification by affidavit shall be provided that while said accessory dwelling unit is occupied, the primary dwelling until shall be occupied by the owner of the property;

2344. Not more than one accessory dwelling unit may be established on a lot. The accessory dwelling unit shall not exceed one thousand (1,000) square feet in floor space and shall be located in the existing residential structure on the premises;

2345. The external appearance of the structure in which the accessory dwelling unit is to be located shall not be significantly altered from the appearance of a single-family structure, in accordance with the following:

2345.a. Any accessory dwelling unit construction shall not create more than a fifteen (15) percent increase in the gross floor space of the structure existing as of date of enactment, December 23, 2003.

2345.b. Any stairways or access and egress alterations serving the accessory dwelling unit shall be enclosed, screened, or located so that visibility from public ways is minimized.

2345.c. Sufficient and appropriate space for at least one additional parking space shall be constructed by the owner to serve the accessory dwelling unit. Said parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway.

2346. The initial term and subsequent terms of a special permit for an accessory dwelling unit shall expire after two (2) years. In the event such special permit is not renewed, the Board of Appeals shall promptly notify the Inspector of Buildings. Subsequent special permit issuances for existing accessory dwelling unit, if any, shall be granted after certification by affidavit is made by the applicant that the accessory dwelling unit has not been extended, enlarged, or altered to increase its original dimensions, as defined in the initial special permit application, and that the need for the special permit still exists and there has been no change in the use or circumstances for which the special permit was originally granted.

2347. Special permits for an accessory dwelling unit may be issued, after a public hearing, upon a finding that the construction and occupancy of the apartment will not be detrimental to the neighborhood in which the lot is located and after consideration of the factors specified in Section 5300 herein.

(Ord. of 12-23-03, § 1)

2410. Applicability. This Zoning Ordinance shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by M.G.L.A. c. 40A, § 5, at which this Zoning Ordinance, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.

(Ord. of 12-23-03, § 1)

2420. Nonconforming Uses. The Board of Appeals may award a special permit to change a nonconforming use in accordance with this Section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals:

2421. Change or substantial extension of the use;

2422. Change from one nonconforming use to another, less detrimental, nonconforming use.

(Ord. of 12-23-03, § 1)

2430. Nonconforming Structures, Other Than Single- and Two-Family Structures. The Board of Appeals may award a special permit to reconstruct, extend, alter, or change a nonconforming structure in accordance with this Section only if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The following types of changes to nonconforming structures may be considered by the Board of Appeals:

2431. Reconstructed, extended or structurally changed;

2432. Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent;

The reconstruction, extension or structural change of such nonconforming structures so as to increase an existing nonconformity, or create a new nonconformity, including the extension of an exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance of a variance from the Board of Appeals.

(Ord. of 12-23-03, § 1)

2440. Nonconforming Single- and Two-Family Structures. Nonconforming single- and two-family residential structures may be reconstructed, extended, altered, or structurally changed upon a determination by the Inspector of Buildings that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure, and the issuance of a building permit, where applicable. In the event that the Inspector of Buildings determines that the nonconforming nature of such structure would be increased by the proposed reconstruction, extension, alteration, or change, the Board of Appeals may, by finding (which shall not require a super majority), allow such reconstruction, extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood.

(Ord. of 12-23-03, § 1)

2450. Abandonment or Non-Use. A nonconforming use or structure which has been abandoned, or not used for a period of two (2) years, shall lose its protected status and be subject to all of the provisions of this Zoning Ordinance.

(Ord. of 12-23-03, § 1)

2460. Catastrophe. Any nonconforming structure may be reconstructed after a fire, explosion or other catastrophe, provided that such reconstruction is completed within twelve months after such catastrophe, and provided that the building(s) as reconstructed shall be only as great in volume or area as the original nonconforming structure unless a larger volume or area is authorized by special permit from the Board of Appeals. Such time for reconstruction may be extended by the Board of Appeals for good cause.

(Ord. of 12-23-03, § 1)

2470. Reversion to Nonconformity. No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use.

(Ord. of 12-23-03, § 1)

2510. Home Occupations as of Right. Businesses or professions incidental to and customarily associated with the principal residential use of premises may be engaged in as an accessory use by the owner of that dwelling; provided, however, that all of the following conditions shall be satisfied:

2511. The occupation or profession shall be carried on wholly within the principal building.

2512. Not more than thirty (30) percent of the floor area of the residence shall be used in the home occupation.

2513. No person not a member of the household shall be employed on the premises in the home occupation.

2514. The home occupation shall not serve clients, customers, pupils, salespersons, or the like on the premises.

2515. There shall be no sign, exterior display, no exterior storage of materials, and no other exterior indication of the home occupation, or other variation from the residential character of the premises.

2516. No use or storage hazardous materials in quantities greater than associated with normal household use shall be permitted.

2517. Traffic generated shall not exceed volumes normally expected in a residential neighborhood.

2518. Only one home occupation may be conducted on the premises.

(Ord. of 12-23-03, § 1)

2520. Home Occupations by Special Permit. Businesses or professions incidental to and customarily associated with the principal residential use of premises may be engaged in as an accessory use by the owner of that dwelling upon the issuance of a special permit by the Board of Appeals; provided, however, that all of the following conditions shall be satisfied:

2521. The occupation or profession shall be carried on wholly within the principal building, or within a building or other structure accessory thereto, which has been in existence at least five (5) years, without extension thereof.

2522. Not more than thirty (30) percent of the combined floor area of the residence and any qualified accessory structures shall be used in the home occupation.

2523. Only one home occupation may be conducted on the premises.

2524. The home occupation may serve clients, customers, pupils, salespersons, or the like on the premises, if the Board of Appeals determines that the neighborhood will not be detrimentally affected.

2525. Not more than one person not a member of the household shall be employed on the premises in the home occupation.

2526. An unlighted sign of not more than three (3) square feet in area may be permitted. The visibility of exterior storage of materials and other exterior indications of the home occupation, or other variation from the residential character of the premises, shall be minimized through screening and other appropriate devices.

2527. Parking generated by the home occupation shall be accommodated off-street, other than in a required front yard, and such parking shall not occupy more than thirty-five (35) percent of lot area.

2528. The use or storage of hazardous materials in quantities greater than associated with normal household use shall be subject to design requirements to protect against discharge to the environment.

(Ord. of 12-23-03, § 1)

State Law reference— Existing structures, uses or permits, M.G.L.A. c. 40A, § 6.

2610. Low-level Radioactive Waste or Nuclear Waste Facilities. No facility may be located within the City of New Bedford, the primary purpose or principal activity of which is the commercial collection, processing, reprocessing, storage, burial, incineration, disposal or brokerage of radioactive wastes, including but not limited to waste classified as, low-level radioactive waste.

(Ord. of 12-23-03, § 1)

2710. General. No structure shall be erected or used, premises used, or lot changed in size or shape except in conformity with the requirements of this Section, unless exempted by this Ordinance or by statute.

2711. Lot change. No existing conforming or nonconforming lot shall be changed in size or shape except through a public land taking or donation for road widening, drainage, utility improvements or except where otherwise permitted herein, so as to violate the provisions of this Ordinance with respect to the size of lots or yards or to create a nonconformity or increase the degree of nonconformity that presently exists.

2712. Merger of lots. Adjacent lots held in common ownership on or after the effective date of this Section shall be treated as a single lot for zoning purposes so as to minimize nonconformities with the dimensional requirements of this Ordinance. Notwithstanding the previous sentence, adjacent lots in common ownership may be treated as separate lots for zoning purposes upon a finding by the zoning enforcement officer that the owner of said lots has expressly exhibited the intent to maintain the lots as separate. In making said finding the zoning enforcement officer shall rely on the following factors:

2712.a. The existence and maintenance of walls or fences along the original lot lines;

2712.b. The fact that the lots are separately assessed for tax purposes;

2712.c. The placement of structures on the various lots.

The manner in which said lots were acquired or the fact that said lots were separately described on a deed shall not be considered by the zoning enforcement officer in making said finding.

2713. Recorded Lots. A lot or parcel of land having an area or frontage of lesser amounts than required in the following schedule of dimensional requirements may be considered as satisfying the area and frontage requirements of this Section provided such lot or parcel of land was shown on a plan or described in a duly recorded deed or registered at the time of adoption of this Ordinance and did not at the time of adoptions of adjoin other land of the same owner available for use in connection with such lot or parcel.

(Ord. of 12-23-03, § 1)

2720. Table of Dimensional Requirements. See Appendix B.

(Ord. of 12-23-03, § 1)

2730. Dimensional Variation. The Board of Appeals may vary otherwise applicable dimensional requirements pertaining to frontage, lot area, building height and sidelines upon finding that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or by-law.

(Ord. of 12-23-03, § 1)

2740. Vision Clearance on Corner Lots in Residence Districts. On a corner lot no fence, wall or structure more than three and one-half (3½) feet high above the plane of the established grades of the streets shall be erected on a front or side yard herein established which is included within the street lines of the intersecting streets and a straight line connecting said street lines at points which are twenty (20) feet distant from their point of intersection, measured along said street line, and no trees or hedges which will materially obstruct the view of a driver of a vehicle approaching the street intersection shall be placed or maintained within such area.

(Ord. of 12-23-03, § 1)

2750. Yards in Residence Districts.

2751. Front Yards. No story or part of any building except projecting eaves or uncovered steps shall be erected nearer to the street line of any street on which it fronts than the average alignment of the corresponding stories or parts of existing buildings within two hundred (200) feet on each side of the lot and within the same block and district. Where there is a building on one or both of the adjoining lots, the front yard for a building shall have a depth equal to the average of the front yard depths of the two (2) adjoining lots. A lot without a building shall be counted as having a front yard of the depth required by this Ordinance. If there are no existing buildings on the same side of the street, the average setback alignment of corresponding stories within two hundred (200) feet on each side of and directly opposite the lot shall govern. Nothing in this Ordinance shall require any story or part of a building to set back more than fifteen (15) feet from any street line. One street frontage of a corner lot shall be exempt from these provisions as provided in subsection 2752. The front yard of a lot shall remain clear of debris and junk.

2752. Where the alignment of a building is not controlled by subsection 2751, between every building and the line of the street upon which it fronts there shall be a front yard of a clear depth of fifteen (15) feet, except that on one side of a corner lot a yard of a clear depth of not less than ten (10) feet shall be provided, in which case this distance shall not be considered in determining the front yard depths on such street.

2753. Rear Yards. There shall be a rear yard on every lot and it shall be at least thirty (30) feet deep behind a dwelling, except that a ground story deck or porch, without a permanent roof, a patio, or a pool (including any projections therefrom) may extend to six (6) feet of a rear lot line. An unattached private garage may extend to four feet of a rear yard. A storage shed may extend to eighteen (18) inches of a rear yard unless a fence is erected on the property along the rear yard line. In such case the storage shed may extend to eighteen (18) inches of the fence or fence post whichever is closest. Unless referenced in this Code, nothing may be placed or constructed in or upon the ground within six (6) feet of a rear lot line. Notwithstanding the previous sentence, a fence may be constructed near or along a rear lot line and vegetation may also be planted within six (6) feet of a rear lot line.

2754. Where a lot is more than one hundred (100) feet deep, one-half (½) of the additional depth of the lot in excess of one hundred (100) feet shall be added to said rear yard depth; but in no case shall a rear yard depth in excess of forty (40) feet be required. The setbacks referenced in the previous section shall also apply to this Section.

2755. Side Yards. There shall be a side yard on every lot and it shall be at least ten (10) feet on one side and twelve (12) feet on the other side. The side yard shall be unobstructed from the line of the street to the rear lot line except that open porches, decks, steps, patios and pools (including any projections therefrom), which are located behind the dwelling within the rear yard, may extend to six (6) feet of a side lot line, driveways may extend to four (4) feet of a side lot line and storage sheds, which are located behind the dwelling within the rear yard may extend to eighteen (18) inches of a side yard unless a fence is erected on the property along the side yard line. In such case the storage shed may extend eighteen (18) inches of the fence or fence post whichever is closest. For all driveways, including those regulated under Section 2756, the area between a driveway and the side lot line shall be of a different material than the material used for the driveway and shall not be covered with an impervious surface or crushed stone.

Notwithstanding any provision to the contrary, any driveway existing prior to April 15, 2009, that is made of a material that creates an impervious surface, may be permitted for repair, resurfacing or reconstruction with substantially the same type of material provided that the dimensions of the driveway are not increased and the location of the driveway layout is not altered.

2756. Special Driveway Side Yard Requirements. For existing dwellings on lot sizes of less than five thousand (5,000) square feet, driveways shall not extend to the side lot line closer than ten (10) percent of the distance between the side lot line and the principle dwelling. For any driveway in excess of thirteen (13) feet in width, the provisions of Section 2755 regulating driveway setbacks shall apply and this section shall not apply.

(Ord. of 12-23-03, § 1; Ord. of 4-15-10, § 1; Ord. of 10-20-11, § 1; Ord. of 1-15-13, §§ 1, 2)

2760. Cornices and Belt Courses.

2761. A cornice shall not project more than one-third (⅓) of the width of a required open space.

2762. A belt course or other ornamental feature shall not project more than nine (9) inches into a required open space.

(Ord. of 12-23-03, § 1)

2770. Courts.

2771. If any part of a story of a nonresidence building is used for offices, studios or workshops which are not lighted from the street or the rear yard, there shall be a court starting not more than fifty (50) feet from the main exterior walls of that story.

2772. If any part of a story is used for living or sleeping rooms which are not lighted from the street or the rear yard, such court shall be required starting not more than two (2) rooms or thirty-five (35) feet from the main exterior walls of that story.

2773. An inner court shall be at least one-third (⅓) as wide as it is high, measured from the sills of the lowest windows served by it to the average level of the tops of the enclosing walls, and shall be at least twice as long as its required width or of an equivalent area, but no court shall be less than ten (10) feet in width.

2774. The minimum width of an outer court shall be double that required in this Section for an inner court.

2775. A cornice or belt course shall not project more than six (6) inches into any inner court.

(Ord. of 12-23-03, § 1)

2780. Height of Buildings. The provisions governing the height of buildings in Appendix B shall apply to chimneys, cooling towers, flagpoles, elevator bulkheads, skylights, ventilators, and other necessary appurtenant features usually carried above roofs; to domes, stacks or spires and also to wireless communications facilities.

(Ord. of 12-23-03, § 1)

2810. Standards for Agricultural Uses. At its discretion, when reviewing a site plan for Agricultural Use, the City may consider the following performance criteria and standards:

2811. Farming is subject to all applicable rules and regulations established by the Health Department of the City of New Bedford.

2812. Agricultural production may be conducted outdoors, in a greenhouse, as an adaptive reuse of existing buildings, in containers such as vertical farming, in water enclosures, and on the roof of a structure for individual household use. When agricultural production for multiple households or commercial use and not exempt, as stated below, a special permit is required from the Planning Board.

2813. Animals or flocks of poultry shall not exceed one animal or head of poultry per one thousand (1,000) square feet of net area of the lot. The net area shall be determined by subtracting the gross ground floor area of all buildings and structures on the lots from the gross area of the lot plus any contiguous lots owned by the same party.

2814. Hoofed farm animals are not permitted for Agricultural Use that does not qualify as an exempt use under Chapter 40A, Section 3 of the Massachusetts General Laws.

2815. Sales are subject to compliance with local, state, and federal regulations.

2820. Standards for Specified Residential Uses. When reviewing a site plan for Residential Use, the City will consider the following performance criteria and standards at its discretion.

2821. Townhouse/Rowhouse.

i.

No more than eight (8) units shall be attached by a common wall before an accessway of 20 feet is provided for pedestrians, vehicles, or outdoor amenity space.

ii.

Off-street parking shall not be allowed in front or between the buildings. Parking shall be located behind the building and accessed by a public alley or private access street.

iii.

The frontage area between the building façade and street line shall be landscaped with grass or ornamental landscaping.

2822. Two-Household - Attached Dwelling. At least one unit shall be generally parallel and oriented to the street line.

2823. Multi-Household - Attached Dwelling (≥3).

i.

Off-street parking shall be located behind the front elevation of a building facing a public street in the area between the west side of County Street, the south side of Walnut Street, the west side of Route 18, and the north side of Kempton Street, herein referred to as "the Downtown."

ii.

Where there is a setback between the building façade and a public street line in the Downtown, there shall be an accessible and usable open space such as a forecourt or plaza with appropriate landscaping, streetscaping and furnishings.

2824. Mixed Use - Attached Dwelling.

i.

Mixed-use buildings in the Downtown shall reserve the ground floor space for permitted non-residential uses to a depth of 60-80 feet from the primary street line. Upper floors may be used for all permitted uses, including residential uses.

ii.

Off-street parking shall be located behind the front elevation of a building facing a public street in the Downtown.

2825. Nursing Home/Assisted Living/Independent Living Facility.

i.

Design considerations of the facility shall include an attractive, walkable environment; efficient access for emergency vehicles; visibility and design of the principal entrance; convenient resident drop-off area; usable outdoor amenity spaces; and communal indoor seating areas with a direct line of sight to the outdoors.

2826. Boarding Houses shall provide the following.

i.

An access path to the unit and the privacy of residents and neighboring properties.

ii.

Designated outdoor smoking areas.

2830. Standards for Specified Lodging Uses. At its discretion, when reviewing a site plan for Lodging Use, the City will consider the following performance criteria and standards.

2831. Bed and Breakfast or Inn.

i.

A bed and breakfast may be located within a principal building or an accessory structure.

ii.

A common gathering space, such as a parlor, dining room, or living room, should be maintained for guest use.

iii.

Operational procedures for limiting noise impacts on neighboring properties shall be provided.

2832. All Other Lodging Uses (Including Hotel or Motel; Hotel or Motel, Large; Extended Stay Hotel or Motel; and Hostel).

i.

Compatibility with the level of activity associated with the surrounding properties.

ii.

The capacity of the street and sidewalk network providing access to the site and its impact on pedestrian, bicycle, and vehicular traffic and circulation patterns in the neighborhood.

iii.

Location and visibility of the principal entrance from adjacent public ways, guest drop-off area, taxi queuing station, outdoor amenity space for guests or employees, and pedestrian circulation from all exit points.

2840. Standards for General Commercial Uses. At its discretion, when reviewing a site plan for general commercial uses specified below, the City will consider the following performance criteria and standards.

2841. Animal Services (including Animal Clinic or Hospital, Pet Grooming, Pet Training and Care, Commercial Kennel, and Veterinarian).

i.

Methods or techniques for noise mitigation to limit noise for other users of the building and abutting properties.

ii.

Operational procedures for cleaning the interior and exterior of the site and trash storage and removal.

iii.

Appropriate buffering and screening from abutting properties as necessary.

2842. Art and Creative Enterprises.

i.

Floor area for accessory living space shall be limited to 50% of the total floor space of a Work/Live Studio.

ii.

The production of offensive noise, vibration, smoke, dust, or other particulate matter, heat, humidity, glare, or other objectionable effect except in Industrial Districts.

iii.

The retail sale of art and other craft goods produced on-site shall be limited to 7:00 a.m. to 9:00 p.m.

2843. Data Center. The applicant is required to provide mitigation of any negative aesthetic impacts that might result from required security measures and restrictions on visibility into the building's interior at ground level.

2844. Eating and Drinking Uses.

i.

Compatibility with the level of activity associated with the surrounding properties.

ii.

Noise impact and mitigation, including efforts to limit loitering on the site.

iii.

Location of designated outdoor dining areas.

iv.

Location of trash and recycling storage and the procedure for pickup.

2845. Funeral Home. In its discretion to approve or deny a site plan permit authorizing a funeral home use, the City may consider the following:

i.

The capacity of the local street and sidewalk network providing access to the site and its impact on pedestrian, bicycle, and vehicular traffic and circulation patterns in the neighborhood.

ii.

Adequacy of vehicle access, circulation, and provision of on-site parking.

2846. Moving Services are not permitted in the Downtown.

2847. Retail Uses.

i.

The location of driveway entrances and access points in relation to the safety of pedestrians, bicyclists, and motor vehicles.

ii.

Capacity of the local street and sidewalk network providing access to the site and impact on pedestrian, bicycle, and vehicular traffic and circulation patterns in the neighborhood.

iii.

Aesthetic compatibility with the neighborhood.

iv.

Building methods or techniques for noise mitigation to limit noise for other users of the building and abutters.

v.

Location of loading, trash, and recycling storage and the procedure for drop-off and pickup.

2850. Standards for Specified Auto-Oriented Uses.

At its discretion, when reviewing a site plan for Auto-Oriented Uses, the City may consider the following performance criteria and standards.

2851. Commercial Surface Parking Facility.

i.

Safe pedestrian access shall be provided to the public sidewalk and adjacent buildings.

ii.

Screening and landscaping as required by Section 3300.

2852. Commercial Structured Parking Facility.

i.

If associated with a primary building, structured parking shall be attached to the primary building allowing pedestrians to enter directly into the building.

ii.

Pedestrian access shall be provided to the structured parking facility from the public sidewalk.

iii.

Design and Construction: The street-facing facade of any story of a building occupied by motor vehicle parking shall be designed as follows:

a.

Fenestration and facade openings shall be vertically and horizontally aligned, and all floors fronting the façade must be level (not inclined). The facade should include windows of transparent or translucent but non-reflective glass or openings designed to appear as windows for between twenty percent (20%) and fifty percent (50%) of the wall area of each floor.

b.

Windows shall be backlit during evening hours and internal light sources must be concealed from view from public sidewalks.

c.

The facade area masking the floors occupied by motor vehicle parking shall be seamlessly integrated into the architectural design of the building's facade.

2853. Private garage.

i.

No business, service, or industry connected directly or indirectly with motor vehicles, including but not limited to Motor Vehicle Body Painting and Body Repair, General Repair and Maintenance, Rental, or Service and Sales, is allowed.

ii.

The garage shall not contain space for more than one motor vehicle for the first one thousand (1,000) square feet of lot area and one additional motor vehicle for each additional two thousand (2,000) square feet of lot area, but in no event shall said garage contain space for more than three (3) motor vehicles.

iii.

One commercial vehicle of one and one-half (1½) tons capacity or less may be stored by its owner in such owner's private garage, but space shall not be leased for a commercial vehicle.

2854. All Drive-Thru Facilities. To preserve the pedestrian orientation and streetscape character of certain zoning districts and street corridors. Drive-thru facilities are prohibited on lots having frontage or other direct vehicular connections to the following zoning districts:

•

The Downtown District

i.

All facilities related to drive-thru service, including transaction windows, menu boards, and speakers, shall be located a minimum of one hundred fifty (150) feet from any residential zoning district or existing dwelling unit. All drive-thru lanes and escape lanes shall be located a minimum of fifty (50) feet from any residential zoning district or existing dwelling unit.

ii.

Expansion or modification of preexisting, legally established drive-thru uses within the aforementioned residential buffers is allowed, provided that the modifications or expansion of such facilities do not further encroach on the neighboring residences.

iii.

Commercial uses authorized by Special Permit to include drive-thru facilities shall be limited to two (2) drive-thru windows or devices, and two lanes not exceeding twenty-four (24) feet in total width.

iv.

The drive-thru window or device shall be located at the rear or side of the building. No drive-thru window or device shall be located in front of the building or within the front yard setback.

v.

Drive-thru lanes, bypass lanes, and stacking lanes are prohibited between the building and the fronting street. This provision shall not apply to a drive-thru serving interior buildings of a multi-building site.

vi.

All driveway entrances, including stacking lane entrances, must be at least 50 feet from an intersection. The distance is measured along the property line from the junction of the two street lot lines to the nearest edge of the entrance.

vii.

Entrances to drive-thru, stacking, and escape lanes should be located a minimum of forty (40) feet from any driveway that provides access to the lot.

viii.

Drive-thru lanes and escape lanes shall comply with the following minimum length requirements:

•

Fast Food Restaurant and Coffee Shop - 180 feet

•

Financial Institution, Pharmacy, Convenience Store - 80 feet

•

Dry Cleaner and Laundry Service - 60 feet

2855. Motorized Single-User Shared-Transport Station (Bike/Scooter/Moped). Parking stations must not interfere with the reasonable visibility needs of drivers, the flow of pedestrian traffic, or the needs of businesses on the same site.

2860. Standards for Specified Civic, Recreational, And Institutional Uses. At its discretion, when reviewing a site plan for Civic, Recreational, and Institutional Use, the Site Plan Review Authority may consider the following performance criteria and standards.

2861. Civic Uses. In its review of a site plan permit authorizing a Civic Use, the Site Plan Review Authority may consider the following:

i.

The location of driveway entrances and access points in relation to the safety of pedestrians, bicyclists, and motor vehicles.

ii.

Capacity of the local streets and sidewalk network providing access to the site and impact on pedestrian, bicycle, and vehicular traffic and circulation patterns in the surrounding district.

iii.

Compatibility with the level of activity associated with the surrounding properties.

iv.

Impact and mitigation of the production of offensive noise and light.

v.

Location of loading, trash, and recycling storage and the procedure for drop-off and pickup.

2862. Hospital. In its review of a site plan permit authorizing a hospital use, Site Plan Review Authority may consider the following:

i.

Compatibility with the level of activity associated with surrounding properties.

ii.

Aesthetic compatibility with the neighborhood.

iii.

The capacity of the local thoroughfare network providing access to the site and its impact on pedestrian, bicycle, and vehicular traffic and circulation patterns in the neighborhood.

iv.

Location, visibility, and design of the principal entrance, emergency room, patient drop-off areas, and outdoor amenity space for employees or patients.

v.

Location and adequacy of existing public utilities and proposed changes to the sanitary sewer system, storm drainage system, and public water.

2863. Indoor Commercial Recreation Facility. All outdoor lighting shall be extinguished when outdoor facilities are not in use or by 10:00 p.m. on Sundays through Thursdays and by 11 p.m. on Fridays and Saturdays, whichever is earlier.

2864. Outdoor Commercial Recreation Facility. All outdoor lighting shall be extinguished when outdoor facilities are not in use or by 10:00 p.m. on Sundays through Thursdays and by 11 p.m. on Fridays and Saturdays, whichever is earlier.

2870. Standards for Specified Industrial Uses. At its discretion, when reviewing a site plan for Industrial Use, the Site Plan Review Authority may consider the following performance criteria and standards.

2871. All Manufacturing Uses. Where allowed in the Downtown, the floor area of manufacturing uses within the Downtown is limited to five thousand (5,000) square feet per establishment without a Special Permit by the Zoning Board of Appeals.

2872. Freight Terminal.

i.

Ancillary retail sales and wholesale showrooms may be permitted.

ii.

Activities may include physically assembling, sorting, and grading goods into large lots and breaking bulk for redistribution into smaller lots in such a way that has minimal impact on surrounding properties.

iii.

The wholesale and/or storage or warehousing of toxic and hazardous materials is prohibited.

2873. Recycling Collection Facility.

i.

The review criteria for all Special Permits as specified in Section 5320.

ii.

Compatibility with the level of activity associated with the surrounding properties.

iii.

Capacity of the local thoroughfare network providing access to the site.

iv.

Location and screening of loading, the procedure for drop-off and pickup, and the impact on pedestrian, bicycle, and vehicular traffic and circulation patterns in the neighborhood.

v.

Visual impact and quality of screening of parked business vehicles and machinery.

2874. Self-Storage Facility. The applicant shall mitigate any negative aesthetic impacts that might result from required security measures and restrictions on visibility into the building's interior.

2875. Satellite Dish. The following standards apply:

i.

Satellite dish antennas must be permanently installed as building-mounted or ground-mounted structures and must not be portable or movable.

ii.

Building-mounted satellite dishes may not be installed on any facade unless such placement is required for the reception of an acceptable signal, according to a written statement from a licensed, authorized installer on company letterhead that includes the installer's signature.

Large satellite dish antennas are permitted only in rear yards and must be set back from all lot lines at a distance that is at least equal to the height of the dish, or five (5) feet, whichever is less. Roof-mounted large satellite dish antennas must be located a minimum of five (5) feet from any roof edge.

(Ord. of 11-26-24(1), § 3)