4110. General. No building or buildings shall be used as an adult entertainment establishment within a Business, Mixed Use, Business Planned, Industrial "A", Industrial "B", Industrial "C", or Waterfront Industrial District, unless a special permit for such use is granted by the City Council in accordance with the following provisions. No special permit for an adult entertainment establishment shall be granted for a building or buildings located within any residential district, the Bedford Landing-Waterfront Historic District (as established pursuant to Section 2-156 of the New Bedford Code of Ordinances) or the Central Business District (as described in Section 6-81 of the New Bedford Code of Ordinances).

(Ord. of 12-23-03, § 1)

4120. Separation Distances. Adult entertainment establishments or uses may be permitted only when located outside the area circumscribed by a circle which has a radius of five hundred (500) feet from the following specified uses or zoning district boundaries:

4121. Residential district;

4122. School or church;

4123. Another adult entertainment establishment;

4124. An establishment licensed to sell alcoholic beverages under the provisions of M.G.L.A. c. 138, § 12.

(Ord. of 12-23-03, § 1)

4130. Measurement of Radius. The radius distance shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed adult entertainment establishment is to be located, to the nearest point of the parcel of property or the zoning district boundary line from which the proposed establishment is to be separated. In the case of the distance between adult entertainment establishments and between an adult entertainment establishment and an establishment licensed under M.G.L.A. c. 138, § 12, such distances shall be measured between the closet points of the buildings in which such uses are located.

(Ord. of 12-23-03, § 1)

4140. Size of Establishment. Adult entertainment establishments may not exceed three thousand five hundred (3,500) square feet of gross floor area.

(Ord. of 12-23-03, § 1)

4150. Parking Requirements. The following parking requirements shall apply:

4151. Parking shall be provided in the side or rear yard area only.

4152. All parking areas shall be illuminated, and all lighting shall be contained on the property.

4153. Parking areas shall be landscaped in conformance with the appropriate provisions of this Ordinance.

(Ord. of 12-23-03, § 1)

4160. Screening. A five-foot-wide landscaped buffer shall be provided along the side and rear property lines of an adult entertainment establishment consisting of evergreen shrubs or trees not less than five (5) feet in height at the time of planting, or solid fence not less than six (6) feet in height.

4161. All building openings, entries and windows shall be screened in such a manner as to prevent visual access to the interior of the establishment by the public.

(Ord. of 12-23-03, § 1)

4170. Application. The application for a special permit for an adult entertainment establishment must include the following information:

4171. Name and address of the legal owner of the establishment;

4172. Name and address of all persons having lawful equity or security interest in the establishment;

4173. Name and address of the manager;

4174. Number of employees;

4175. Proposed provisions for security within and without the establishment;

4176. The physical layout of the interior of the establishment.

(Ord. of 12-23-03, § 1)

4180. Prohibition. No special permit shall be issued to any person convicted of violating the provisions of M.G.L.A. c. 119, § 63, or M.G.L.A. c. 272, § 28.

(Ord. of 12-23-03, § 1)

4210. General. No building or buildings shall be used as a body art establishment within a Business, Mixed Use, Business Planned, Industrial "A", Industrial "B", Industrial "C", or Waterfront Industrial District, unless a special permit for such use is granted by the Zoning Board of Appeals in accordance with the following provisions. No special permit for a body art establishment shall be granted for a building or buildings located within any residential district.

No body art establishment shall operate between the hours of 10:00 p.m. to 10:00 a.m. No special permit granted for the operation of a body art establishment shall be transferable to any other owner, establishment or location.

(Ord. of 12-23-03, § 1; Ord. of 1-25-07, §§ 1, 2)

4212. Zoning Board Authority. The Zoning Board of Appeals shall have the authority to issue special permits in accordance with Sections 4200 through 4267 and shall have the authority to impose any reasonable conditions for maintaining and ensuring the health, safety and welfare of the general public except that no conditions shall be imposed that require screening that is more restrictive than the screening requirements pursuant to Sections 4250 through 4252. The Zoning Board may impose more restrictive screening conditions upon a finding that a body art establishment violated the provisions of Sections 4250 through 4252.

4212.1. The Zoning Board of Appeals shall provide written notice to the City's Board of Health and Police Department within five (5) days after granting a special permit which shall include name of owner, address, conditions imposed and any other information the Board of Appeals deems necessary.

4212.2. The Zoning Board of Appeals shall hold a duly advertised public hearing prior to granting a special permit.

4212.3. A body art establishment or affected persons of any reasonable conditions imposed by the Zoning Board of Appeals pursuant to this ordinance shall have the right to request clarification of any of the terms of such conditions by submitting the language that requires clarification and reasoning for requesting such clarification. The Board of Appeals may set a fee for such requests not to exceed $50.

4212.4. A body art establishment or affected persons may appeal any enforcement decision of the Building Commissioner related to this ordinance or related to any reasonable conditions imposed by the Board of Appeals to the Board of Appeals. The Board of Appeals may set a fee for such requests not to exceed $50.

(Ord. of 1-25-07, § 3; Ord. of 5-23-16, §§ 1, 2)

4220. Separation Distances. Body art establishments or uses may be permitted only when located outside an area circumscribed by a circle which has a radius of two hundred (200) feet from any property being used as a school, child care facility or church or when located outside an area circumscribed by a circle which has a radius of one thousand (1,000) feet from any property used as a body art establishment. No permit previously granted shall be revoked or subject to new conditions due solely to the location of any school, child care facility or church within the circumscribed area subsequent to the special permit being granted.

(Ord. of 12-23-03, § 1; Ord. of 1-25-07, § 4 )

4230. Determining the Radius. The radius distance shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed body art establishment is to be located, to the nearest point of the parcel of property or the zoning district boundary line from which the proposed establishment is to be separated. In the case of the distance between body art establishments and between a body art establishment and an establishment licensed under M.G.L.A. c. 138, § 12 such distances shall be measured between the closest points of the buildings in which such uses are located.

4231. The provisions of Sections 4220 and 4230 shall not apply to any establishment where the practice of microblading is performed and where no other body art or body piercing is ever practiced at the same establishment.

(Ord. of 12-23-03, § 1; Ord. of 4-5-24. § 2)

4240. Reserved.

(Ord. of 12-23-03, § 1; Ord. of 1-25-07, § 5)

4250. Screening. The following screening requirements shall apply:

4251. Reserved.

4252. Any work or business being carried on in a body art establishment licensed pursuant to the provisions of Sections 4200 through 4267 that requires the exposure of a person's genitals, pubic areas, buttocks or the breasts of the female shall be completely and appropriately screened in a manner that prevents any visual access to any person situated at the exterior of the establishment or to any person on the interior who has not explicitly consented to visual access prior to acquiring such visual access.

(Ord. of 12-23-03, § 1; Ord. of 1-25-07, § 6; Ord. of 5-23-16, § 3)

4260. Application. The application for a special permit for a body art must include the following information:

4261. Name and address of the legal owner of the establishment;

4262. Name and address of all persons having lawful equity or security interest in the establishment;

4263. Name and address of the manager;

4264. Number of employees;

4265. Proposed provisions for security within and without the establishment;

4266. The physical layout of the interior of the establishment;

4267. A site plan depicting the building, parking areas and screening.

(Ord. of 12-23-03, § 1)

4310. Special Permit. No land located within an industrial "B" or industrial "C" zone shall be used for the operation of an asphalt or bituminous concrete processing plant, batching plant or a liquid asphalt storage facility unless a special permit for such use is granted by the City Council in accordance with the provisions of this Section.

(a)

Standard. In granting a special permit under this Section, the City Council shall consider the effects upon the neighborhood and the city at large.

(b)

Procedure. Before granting a special permit the City Council shall hold a public hearing thereon, within sixty-five (65) days from the date of filing of the application for special permit; notice of time and place of such hearing and the subject thereof, sufficient for identification shall be published in a newspaper of general circulation in the City of New Bedford once in each of two (2) successive weeks, the first publication to be not less than fourteen (14) days before the day of the hearing and also shall be sent by mail, postage prepaid, to the petitioner and to the owners of all property deemed by the City Council to be affected thereby as they appear on the most recent local tax list and to the Planning Board. Said notice shall also be posted in a conspicuous place in city hall for a period of not less than fourteen (14) days before the day of such hearing.

(c)

Issuance of permit. In granting any special permit provided for in this Chapter the City Council may issue said special permit subject to such appropriate conditions and safeguards as in its discretion will make an excepted use harmonious with the general purpose and intent of this Chapter. No special permit shall be granted under this Section except by a two-thirds (⅔) vote of the members of the City Council. A decision shall be made within ninety (90) days following the date of the public hearing.

(Ord. of 12-23-03, § 1)

4410. Statement of Purpose. The purposes of the Floodplain District are to:

(1)

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

(2)

Eliminate new hazards to emergency response officials;

(3)

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

(4)

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

(5)

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

(6)

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

(Ord. of 9-17-09, § 1)

4420. Definitions.

The following definitions apply to this section," and adding and/or replacing the following definitions:

Area of special flood hazard is the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. The area may be designated as Zone A, AO, AH, Al-30, AE, A99, Vl-30, VE, or V.

Base flood means the flood having a one percent chance of being equaled or exceeded in any given year.

Coastal high hazard area means an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources. The area is designated on a FIRM as Zone V, Vl-30, VE.

Development means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

District means Floodplain District.

Federal Emergency Management Agency (FEMA) administers the National Flood Insurance Program. FEMA provides a Nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.

Flood Insurance Rate Map (FIRM) means an official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.

Flood insurance study means an examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation.

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

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

Historic structure means any structure that is:

(a)

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

(b)

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

(c)

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

(d)

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

(1)

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

(2)

Directly by the Secretary of the Interior in states without approved programs. [US Code of Federal Regulations, Title 44, Part 59]

Lowest floor means the lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of NFIP Regulations 60.3.

Manufactured home means a structure, transportable in one or more sections, which is built on a permanent chassis and is designated for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles.

Manufactured home park or subdivision means a parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for rent or sale.

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

One-hundred-year flood - see Base flood.

Recreational vehicle means a vehicle which is:

(a)

Built on a single chassis;

(b)

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

(c)

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

(d)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. [US Code of Federal Regulations, Title 44, Part 59]

Regulatory Floodway - see Floodway.

Special flood hazard area means an area having special flood and/or flood-related erosion hazards, and shown on an FHBM or FIRM as Zone A, AO, Al-30, AE, A99, AH, V, Vl-30, VE.

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

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

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

Substantial damage means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

Substantial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.

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

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

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

Zone A means the one-hundred-year floodplain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available Federal, State, local, or other data.

Zone A1-30 and Zone AE (for new and revised maps) means the one-hundred-year floodplain where the base flood elevation has been determined.

Zone AH and Zone AO means the one-hundred-year floodplain with flood depths of one to three (3) feet, where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where the velocity flow may be evident. Such flooding is characterized by ponding or sheet flow.

Zone A99 means areas to be protected from the one-hundred-year flood by federal flood protection system under construction. Base flood elevations have not been determined.

Zones B, C, and X are areas identified in the community flood insurance study as areas of moderate or minimal flood hazard. Zone X replaces Zones B and C on new and revised maps.

Zone V means a special flood hazard area along a coast subject to inundation by the one-hundred-year flood with the additional hazards associated with storm waves. Base flood elevations have not been determined.

Zone V1-30 and Zone VE (for new and revised maps) means a special flood hazard area along a coast subject to inundation by the one-hundred-year flood with additional hazards due to velocity (wave action). Base flood elevations have been determined.

(Ord. of 9-17-09, § 1; Ord. of 6-16-21, § 1)

4430. Floodplain District Boundaries and Base Flood Elevation Data. The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the City of New Bedford designated as Zone A, AE, AH, AO, A99, V, or VE on the Bristol County Flood Insurance Rate Map (FIRM) dated July 6, 2021 issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the district shall be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Bristol County Flood Insurance Study (FIS) report dated July 6, 2021. The effective FIRM and FIS report are incorporated herein by reference and are on file with the City Clerk, Planning Board, Building Official and Conservation Commission.

(Ord. of 9-17-09, § 1; Ord. of 6-16-14, § 1; Ord. of 6-16-21, § 2)

4440. Base Flood Elevation and Floodway Data.

1.

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

2.

Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals or other developments greater than fifty (50) lots or five (5) acres, whichever is the lesser, within unnumbered A zones.

(Ord. of 9-17-09, § 1)

4450. Notification of Watercourse Alteration. In a riverine situation, the City Planner shall notify the following of any alteration or relocation of a watercourse:

•

Adjacent Communities

•

NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104

•

NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6 ^th
Floor Boston, MA 02110

(Ord. of 9-17-09, § 1)

4460. Use Regulations.

1.

Reference to Existing Regulations (b, c, d, e communities). The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following:

•

Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR);

•

Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

•

Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);

•

Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);

•

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);

Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

2.

Other Use Regulations.

A.

In Zones AE, along watercourses that have a regulatory floodway within the City of New Bedford, as designated on the Bristol County FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

B.

Man-made alteration of sand dunes within Zones VE which would increase potential flood damage are prohibited.

C.

All new construction within Zones VE must be located landward of the reach of mean high tide.

D.

All subdivision proposals must be designed to assure that:

a)

such proposals minimize flood damage;

b)

all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

c)

adequate drainage is provided to reduce exposure to flood hazards.

E.

Existing contour intervals of site and elevations of existing structures must be included on plan proposal.

F.

There shall be established a "routing procedure" which will circulate or transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health, the City Engineer and the Inspector of Buildings for comments which will be considered by the appropriate permitting board prior to issuing applicable permits.

(Ord. of 9-17-09, § 1; Ord. of 6-16-14, § 2; Ord. of 6-16-21, § 3)

4470. Permitted Uses. The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment:

1.

Agricultural uses such as farming, grazing, truck farming, horticulture, etc.

2.

Forestry and nursery uses.

3.

"Outdoor recreational uses, including fishing, boating, play areas, etc.

4.

Conservation of water, plants, wildlife.

5.

Wildlife management areas, foot, bicycle, and/or horse paths.

6.

Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.

7.

Buildings lawfully existing prior to the adoption of these provisions.

4471. Abrogation and greater restriction. The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

4472. Disclaimer of liability. The degree of flood protection required by this ordinance is considered reasonable but does not imply total flood protection.

4473. Severability. If any section, provision, or portion of this ordinance is deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall be effective.

4474. Designation of Community Floodplain Administrator. The City of New Bedford hereby designates the position of Inspector of Buildings as the official floodplain administrator for the City.

4475. Requirement to submit new technical data. If the City acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the City will, within 6 months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to:

FEMA Region I Risk Analysis Branch Chief
99 High St., 6 ^th floor, Boston, MA 02110

And copy of notification to:

Massachusetts NFIP State Coordinator
MA Dept. of Conservation & Recreation, 251 Causeway Street, Boston, MA 02114

4476. Variances to building code floodplain standards.

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

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

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

4477. Variances to local Zoning Ordinances related to community compliance with the National Flood Insurance Program (NFIP). A variance from these floodplain ordinances must meet the requirements set out by State law, and may only be granted if: 1) Good and sufficient cause and exceptional non-financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief.

4478. Permits are required for all proposed development in the Floodplain Overlay District. The City of New Bedford requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

4479. Assure that all necessary permits are obtained. The City of New Bedford's permit review process includes the use of a checklist of all local, state, and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district. The proponent must acquire all necessary permits and must submit the completed checklist demonstrating that all necessary permits have been acquired.

(Ord. of 9-17-09, § 1)

4480. Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data and floodway data, the building department will obtain, review and reasonably utilize base flood elevation and floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating nonresidential structures to or above base flood level, and for prohibiting encroachments in floodways.

4481. AO and AH zones drainage requirements. Within Zones AO and AH on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.

4482. Recreational vehicles. In A1-30, AH, AE Zones, V1-30, VE, and V Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

(Ord. of 6-16-21, § 4)

4510. Purpose. The purpose of the DBOD is to provide adequate minimum standards and procedures for the construction of new and rehabilitation of existing structures so as to promote economic and cultural development in the downtown area.

(Ord. of 12-23-03, § 1)

4520. Location. The DBOD is hereby established as an overlay district comprised of the area between the east side of County Street, the north side of School Street, the west side of Route 18 and the south side of Kempton Street, specifically excluding areas located within said boundaries, which have been designated as residentially zoned on the effective date of this Ordinance. The DBOD is hereby designated on the City of New Bedford Zoning Map, as may be subsequently amended, on file in the Office of the City Clerk.

(Ord. of 12-23-03, § 1)

4530. Definitions. Within this Section 4500, the following terms shall have the following meanings:

Applicant: The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit hereunder. The Applicant must own, or be the beneficial owner of, all the land included in the proposed site, or have authority from the owner(s) to act for him/her/it/them or hold an option or contract duly executed by the owner(s) and the Applicant giving the latter the right to acquire the land to be included in the site.

Dwelling unit: A residence, including studio units. Each residence shall contain a living area, bathroom and, except in studio units, one or more bedrooms, and may contain a kitchen area or combination kitchen/living area.

Proposed project: The project proposed by the applicant for which a special permit is being sought.

Regulations: The rules and regulations of the Planning Board.

Upper level floors: Any floor of a building that is located above the street level floor. In the event that two (2) floors of the same building are level to a street or streets, neither of the two (2) floors shall be considered upper level floors.

(Ord. of 12-23-03, § 1)

4540. Front Yard.

4541. 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.

4542. Notwithstanding the previous paragraph, no building constructed within the DBOD shall have a front yard that exceeds ten (10) feet.

4543. Where the alignment of a building is not controlled by paragraph 4541, between every building and the line of the street upon which it fronts there shall be a front yard of a clear depth of not more than ten (10) feet.

4544. No off-street parking shall be located within the front yard.

(Ord. of 12-23-03, § 1)

4550. Special Permit. Pursuant to the requirements of this Section 4500, the following may be permitted upon the issuance of a special permit by the Zoning Board of Appeals:

4551. Residential dwelling units on the upper level floors of new and pre-existing buildings.

4552. Reductions in setbacks, density, green space and parking requirements to allow for the development of residential dwelling units on the upper level floors of new and pre-existing structures.

4553. Reductions in parking requirements for commercial use of pre-existing or new structures.

(Ord. of 12-23-03, § 1; Ord. of 5-4-07, §§ 1—3)

4560. Special Permit Application. An application for a special permit shall be submitted to the Zoning Board of Appeals on forms therefrom furnished. Applicants are encouraged to rehabilitate existing structures and to permit reuses which are compatible with the character of the neighborhood and which take into consideration the interests of abutters, neighbors and the public, especially where the site abuts a residential area or the building(s) merit preservation.

In addition the applicants shall submit:

4561. The following plans:

(A) A copy of the site plan approved by the Planning Board, if required pursuant to Section 5400;

(B) A plan illustrating location and layout of buildings, including layouts of any dwelling units. Additional drawings may be subsequently required by the Planning Board;

4562. The following narrative reports or data:

(A) A proposed development schedule showing the beginning of construction, the rate of construction and development, including stages, if applicable, and the estimated cost of construction and date of completion;

(B) Information pertaining to any organization which the Applicant proposes to form where the development is to be a condominium development, including forms and plans to be used to organize and manage the same, for approval as to form by City Solicitor;

(C) Copies of all proposed covenants, easements, and other restrictions which the Applicant proposes to grant to the City, the Conservation Commission, utility companies, any condominium organization and the owners thereof, including plans of land to which they are intended to apply, for approval as to form by City Solicitor;

4563. Any and all other information that the Zoning Board may reasonably require in a form acceptable to it to assist in determining whether the Applicant's proposed development plan meets the objectives of this Section.

4564. New Bedford Historic Commission approval, if applicable.

(Ord. of 12-23-03, § 1; Ord. of 5-4-07, § 4)

4570. Action by the Zoning Board of Appeals. The Board may grant a special permit where it makes the following findings:

4571. The proposed project complies with the requirements of this Section;

4572. The proposed project does not cause substantial detriment to the neighborhood after considering the following potential consequences:

a. noise, during the construction and operational phases;

b. pedestrian and vehicular traffic;

c. environmental harm;

d. visual impact caused by the character and scale of the proposed structure(s);

e. where relief to parking requirement has been sought, applicant has demonstrated that reasonable efforts have been made to comply with parking requirements;

f. For conversions of existing structures, the Zoning Board of Appeals must find that the proposed project protects the City's heritage by minimizing removal or disruption of historic, traditional or significant uses, structures or architectural elements, whether these exist on the site or on adjacent properties. If the building is a municipally owned building, the proposed uses and structures are consistent with any conditions imposed by the Planning Board on the sale, lease, or transfer of the site.

(Ord. of 12-23-03, § 1)

4620. Purpose. The Hicks Logan District ("HLD" or "the District") is established to promote and support economic revitalization by retaining existing and attracting new uses consistent with the New Bedford Hicks Logan Redevelopment Plan (2022), which may include multifamily residential, multifamily mixed- use, neighborhood business, waterfront dependent and waterfront supporting uses. As outlined in the New Bedford Hicks Logan Redevelopment Plan, proposed development shall maintain the area's historic character and enhancing the public realm in the district. The HLD includes two (2) subareas, identified as Subarea A and Subarea B.

Subarea A is intended to attract new multifamily residential, multifamily mixed-use, and neighborhood business and water-related supporting uses while maintaining the area's historic character.

Subarea B is designed to retain and expand existing water-dependent, water-related and supporting uses, and attract new, sustainable businesses that may benefit from prime waterfront access and visibility.

4621. Design Principles. The following principles of the HLD focus on four aspects of design for the District, each of which shall be reflected to the maximum extent possible in all new or redevelopment projects:

(A)

Treatment of buildings. New buildings should be oriented to face the street, Serving to define space for public and private activities. Existing buildings should be reconstructed or reconfigured according to the same principles, to the greatest extent possible.

(B)

Treatment of the site and landscape. Sites should be landscaped to provide a buffer between incompatible uses and to define spaces for public and private activities. Landscaping should be consistent with Site Plan Review requirements.

(C)

Public and private infrastructure. Cognizant of truck movements, streetscapes should incorporate pedestrian and bicycle amenities throughout the District, including shared use paths, encourage on-street parking, and designate ride share zones and areas for ride hailing. Green infrastructure and Low Impact Development ("LID") should be considered for every project. Overhead utility lines shall be relocated underground where possible or to the rear of buildings to improve the visual quality of the streetscape and to reduce conflicts between sidewalks, plantings, and utility poles.

(D)

Public access to the waterfront. Where relevant, public access to the waterfront shall be provided in compliance with the requirements of M.G.L.A. c. 91 et seq. and the provisions of the state-approved municipal harbor plan for the New Bedford Fairhaven Harbor.

4630. Location and Boundaries. The official location and boundaries of the Hicks Logan District and subarea A and B are shown on map entitled "Hicks Logan Zoning District" prepared by L. Ryan for the Department of City Planning, dated December 2021, adopted, and incorporated herein; and as may be subsequently amended by vote of the City Council. This map is on file with the City Clerk.

4640. Relationship to Existing Zoning. The HLD supersedes all other zoning district regulations for this area, except the Flood Hazard Overlay District ("FHOD"). In the case of a conflict between the HLD and the FHOD regulations, the FHOD regulations shall apply. In the case of a conflict between the HLD and the underlying zoning district regulations, the HLD regulations shall apply.

4650. Definitions Applicable to Section 4610. The definitions contained in Section 1200 of Chapter 9 of the New Bedford Code of Ordinances, Comprehensive Zoning ("the Zoning Ordinance"), shall apply to the HLD. The following additional definitions shall apply where applicable. In the event of a conflict between the definitions contained in Section 1200 and those below, the definitions below shall control within the HLD.

Aquaponics: The cultivation of fish and plants together in a constructed, re-circulating system utilizing natural bacterial cycles to convert fish wastes to plant nutrients, for distribution to retailers, restaurants, and consumers.

Artist Studio: A place of work for an artist, artisan or craftsperson, including persons engaged in the application, teaching or performance of arts such as but not limited to, drawing, vocal, or instrumental music, painting, sculpture and writing.

Banking and Financial Services: A financial institution regulated by the Commissioner of Banking for the Commonwealth of Massachusetts. Uses related to the exchange, lending, borrowing, and safe-keeping of money.

Commercial Structured Parking Facility: Motor vehicle parking facility operated by the City or private entity that is structured and available to the public at-large for an hourly, daily, or monthly fee. The structure may be at grade, below grade or above grade.

Commercial Surface Parking Facility: Motor vehicle parking facility operated by the City or private entity that is at grade and available to the public at-large for an hourly, daily, or monthly fee.

Flat floor event space: A space flexible enough to host events, meetings, and/or conferences, which can be internally reconfigured as needed to accommodate these activities.

Freight Terminal: A facility where the processing, loading, or unloading of freight cargo occurs.

Grocery store: An indoor retail operation selling groceries, produce, meat and fish, and baked goods, with only incidental or minor sales of other convenience and household goods, not exceeding fifteen thousand (15,000) square feet of gross floor area.

Indoor Commercial Recreation Facility: A structure for recreation, fitness, social or amusement purposes, which may include as an accessory use the consumption of food and drink, including all connected rooms or space with a common means of egress and entrance.

Indoor commercial recreation may include dance halls, skating rinks, bowling alleys, health clubs, dance studios, or similar uses conducted for or not for profit.

Marine Recreation Facility: Coastal facilities and infrastructure supporting waterfront recreational activities such as marinas or boathouses for pleasure boating, charter fishing, cruises and whale watches, coastal and marine-based tourism. Food and entertainment uses may provide incidental food or beverage service for on-site consumption.

Maritime Education: Use of land or structure for tertiary or experiential educational purposes related to maritime trade, including marine engineering, marine-related research and development, water-dependent industrial, and other maritime employment categories.

Maritime Trade: Water dependent uses including transportation (ship, rail, truck and towboat/barge) companies, freight forwarders and customs brokers; stevedoring companies; labor unions; chandlers; warehouses; ship building and repair firms; importers/exporters; pilot associations, etc.

Shipyard, boatyard, shipbuilding, boatbuilding: A yard, place, or enclosure where ships and/or boats are designed, built, and/or repaired.

Warehouse, Wholesale Trade and Distribution: Uses engaged in the wholesale sales, bulk storage and distribution of goods including, but not limited to, furniture and home furnishings; professional and commercial equipment; electrical goods; hardware, plumbing, and heating equipment; paper and paper products; sundries; apparel; food and beverages; healthcare equipment and supplies; and their substantial equivalents to retailers, commercial services, and/or industrial businesses.

Waterfront Storage & Distribution Facility: Businesses engaged in the sale, distribution or storage of grain, petroleum products, building materials and industrial machinery provided that such businesses shall be primarily reliant upon a waterfront location or shall be in direct support of an industrial use that requires a waterfront location.

4660. Table of Principal Use Regulations Applicable to Section 4610. Parcels situated in applicable HLD subareas are subject to their own table of permitted uses as contained in this section. This table shall supersede Appendix A, Table of Principle Use Regulations, for HLD district uses.

Any use not identified or specifically enumerated in the table below is prohibited. Where relevant, the use of the phrase "use" shall also include the phrase "structure" such that permitted uses shall be deemed to include a structure(s) required to support the permitted use.

Symbols employed below shall mean the following:

Y—A permitted use.

N—An excluded or prohibited use.

PB—A use authorized under special permit from the Planning Board as provided under Section 4610 & Section 5300.

4670. Designated Port Area Additional Restrictions. The Port of New Bedford has areas restricted by the Designated Port Area ("DPA") and Massachusetts General Laws, Chapter 91 (the Waterways Act). Uses and structures located in the DPA are subject to additional regulations and requirements as promulgated by the Massachusetts Coastal Zone Management Office as it relates to the DPA of New Bedford Harbor. If these regulations and requirements conflict with an otherwise permitted use or structure within the Hicks Logan District as listed above, the regulations and requirements of the DPA shall apply.

4680. Table of Dimensional Regulations Applicable to Section 4610.

¹ See Section 4693. Development Incentives.

² So as to preserve the existing location of a historic building listed or eligible to be listed on the State or National Historic Registers, the Planning Board may waive the front yard setback. Additionally, the Planning Board may waive the front yard setback to allow a publicly accessible plaza between the lot line and the principal façade of the building. Parking is not allowed within the front yard setback.

4690. Approval of Site Plans and Special Permits; Development Incentives, Development Standards and Guidelines. The requirements of Section 5300 and 5400 of the Zoning Ordinance shall govern unless specifically noted below. Consistency with the purpose and intent of Section 4610, other relevant provisions of the Zoning Ordinance, and the New Bedford Hicks Logan Redevelopment Plan 2022 shall guide Planning Board decisions in all applications for site plan, special permits, and development incentives as set forth below.

4691. Criteria for Site Plan Approval Where a Special Permit Is Not Required. This section supersedes Section 5470 for purposes of this Section only; all other provisions of Section 5400 shall otherwise apply. The Planning Board shall grant site plan approval upon the determination that the requirements set forth in subsections (A)—(D), below, are met. Notwithstanding compliance with subsections (A)—(D), the Planning Board may impose any rationally related condition on a Site Plan approval that is intended to protect public health or safety, or otherwise further the purpose and intent of the Zoning Ordinance.

(A)

The application is complete with respect to Sections 5440 and 5450 of the Zoning Ordinance.

(B)

The application is consistent with the intent of Section 4610 and the New Bedford Hicks Logan Area Redevelopment Plan 2022.

(C)

The application meets the relevant development standards in Section 4694, below.

(D)

The Planning Board may take into consideration the consistency of the application with the design guidelines, defined in Section 4695.

4692. Criteria for Approval of a Special Permit. When required, a Special Permit may be granted by the Planning Board, unless otherwise specified herein, only upon its written determination that the benefit to the City, the District, and the neighborhood, outweighs the adverse effects of the proposed use or structure, taking into consideration the characteristics of the site and the proposal in relation to the site, as well as Section 5320 of the Zoning Ordinance and the criteria listed below:

(A)

The consistency of the application and the site plan with the intent of Section 4610 and the New Bedford Hicks Logan Redevelopment Plan 2022.

(B)

Consistency with the development standards, defined in Section 4694.

(C)

The Planning Board may take into consideration the consistency of the application with the design guidelines, defined in Section 4695.

(D)

Traffic and circulatory impact on the roads and neighborhoods adjacent to the District.

(E)

Where relevant, compliance with the requirements of M.G.L.A c. 91 et seq. and the provisions of the state-approved municipal harbor plan for the New Bedford-Fairhaven Harbor.

Any Special Permit issued pursuant to this section shall incorporate the Planning Board's findings, conditions, and approval of the site plan. Notwithstanding compliance with subsections A-E, above, the Planning Board may impose any rationally related conditions of Special Permit approval that is intended to protect public health or safety, or otherwise further the purpose and intent of this Section, Section 4700A et seq. or the Zoning Ordinance in general.

4693. Development Incentives Applicable to Section 4610. In the sole reasonable discretion of the Planning Board, the Board may allow building heights to be increased to a maximum of seventy-five (75) feet, and/or five (5) stories and/or the requirements applicable to residential density, maximum lot coverage and minimum green space to be waived, in whole or in part. Said dimensional regulations shall be reviewed on a case-by-case basis to ensure consistency with the goals of New Bedford Hicks Logan Redevelopment Plan 2022. The board must find that:

(1)

The proposal provides a substantial enhancement to public realm spaces/amenities and/or environmental benefits; through any of the following: treatment of buildings; site design; green infrastructure; the provision of public access to waterfront (where appropriate and not in conflict with M.G.L.A c. 91 et seq.), and/or public infrastructure improvements as described in the New Bedford Hicks Logan Redevelopment Plan 2022.

(2)

The site plan or Special Permit is in accordance with the requirements of the Zoning Ordinance.

4694. Development Standards Applicable to Section 4610. In addition to all other applicable requirements set forth herein or contained within the Zoning Ordinance, all projects or uses within the HLD shall comply with the following:

4694 A. Rehabilitation of Existing Buildings. For conversions of existing structures, the Planning Board must find that the proposal protects the City's heritage by minimizing removal or disruption of historic, traditional, or significant uses, structures, or architectural elements, whether these exist on the site or adjacent properties.

4694 B. Development Standards for New Construction. The following standards apply to all subareas, unless noted below.

(A)

Treatment of Buildings.

1.

Buildings shall be oriented toward public spaces with entrances and windows facing the street. Blank walls parallel to the street are discouraged.

2.

Building facades over seventy five (75) feet in length are required to have a change in plane articulated by projecting or recessed bays, balconies, or setbacks.

3.

Buildings entrances should be located to facilitate pedestrian movement between private and public spaces and to promote strong physical connections to public spaces.

4.

New mixed-use developments shall promote active ground floor uses with the potential to animate the street.

5.

Awnings, facade treatments and window displays for ground floor uses, which are compatible with surrounding uses, are encouraged for mixed use developments.

6.

Construction materials shall be durable, resilient, and traditional to the, district area (e.g., brick, stone, steel, wood, shingles, or clapboard finishes). Vinyl siding or Exterior Insulation and Finish Systems ("EIFS") shall not be permitted.

7.

Building signs shall complement the architecture and surrounding character of the district. All signs are subject to Planning Department administrative review and Section 3200 of the Zoning Ordinance.

(B)

Treatment of the Site and Landscape.

1.

Projects shall implement low-impact stormwater management techniques to control runoff and manage stormwater on-site, such as the use of structured soils, engineered tree wells, biofiltration swales, or other best management practices suited to an urban environment. Stormwater management practices should be consistent with Chapter 16, Article VIII, Stormwater Management of the New Bedford Code of Ordinances; any alteration of land will require a stormwater management permit unless such alteration meets the exemptions in the ordinance. Stormwater shall not be permitted to drain into the City's sewer system, onto other properties, into surface waters or into New Bedford Harbor.

2.

Parking areas contiguous with a public sidewalk shall provide a landscaped buffer between the parking area and the public sidewalk with a minimum width of five (5) feet.

3.

Healthy mature trees and vegetation shall be maintained and incorporated into the new site plan to the greatest extent possible.

4.

Invasive species included in the Massachusetts Prohibited Plant List are prohibited.

5.

Hardscape materials that connect to public infrastructure shall smoothly connect to ensure public safety and mobility and shall be consistent or compatible with the public infrastructure in terms of material type and durability (e.g., a concrete public sidewalk shall be matched with either a concrete private sidewalk or decorative pavers, private asphalt sidewalks should not overrun public sidewalks).

6.

Lighting shall be shielded or at a 75 to 90-degree cut-off. Lights shall not be operational during non-business hours, except for minimal lighting required for safety.

(C)

Public Access to the Waterfront.

1.

Where applicable, public access to the waterfront shall be provided in accordance with the requirements of Massachusetts General Laws Chapter 91 and the New Bedford-Fairhaven Municipal Harbor Plan in effect at the time of application.

(D)

Public and Private Infrastructure.

1.

Public amenities (including benches, lighting, bike racks, and trash receptacles) and landscape materials (planting choices, paving materials) shall be consistent in quality and appearance throughout the District and are subject to administrative review by the Planning Department and the Department of Public Infrastructure.

2.

Bicycle parking and storage facilities shall be incorporated into all new facilities. Bike racks shall be U frame or similar, as directed by the Planning Department and the Department of Public Infrastructure.

3.

Utility lines shall be located underground or to the rear of buildings to improve the visual quality of the streetscape and to eliminate conflicts between sidewalks, plantings, and utility poles.

4695. Design Guidelines. Design guidelines to assist Applicants with the design of projects within the District are as noted below. Although these are not mandatory, consistency with the guidelines shows consideration of the City's desires for development that includes low-impact design strategies for landscape and on-site stormwater management; building design that is consistent with LEED criteria (or other similar rating system); and a mixed-use area that is cognizant of the needs of both truck movements and amenities for pedestrians and bicyclists.

(A)

Treatment of Building.

1.

New urban-scaled buildings should match the setback of the existing streetscape and height differences between buildings should be gradual.

2.

Avoid boxy, uniform front facades that extend the entire block.

3.

Reduce the perception of height by breaking apart taller buildings utilizing wall plane offsets and other variations in building massing.

4.

Roof parapets or appropriate screening materials should be used to screen all roof mounted equipment from view of pedestrians.

5.

Use façade elements to define proportions of the massing and create distinct organization, such as street-level, upper-level, and roof.

6.

Entries and windows should be arranged to create a welcoming appearance for public entries and uses.

7.

Façades should be treated with similar care on all sides of the building visible from a public right-of-way.

8.

Use high quality, resilient materials that draw inspiration from local architecture. Materials should continue around to all sides of buildings and changes in material types are encouraged to reinforce the organization of façade elements.

9.

The use of reflective surfaces for roofs or green roofs is encouraged to reduce heat island effect.

10.

Historic buildings should be rehabilitated, and the historic elements preserved.

11.

When historic preservation is not feasible, new construction or the adaptive reuse of old buildings should incorporate façade and roof articulation, window and door patterns, and building materials that establish a compatible design character with neighboring buildings.

12.

Above-grade parking garages should be wrapped with active ground floor uses on primary streets.

13.

Above-grade parking garages and parking areas contiguous with a public sidewalk on a secondary street should be screened by a creative installation or vegetation or wrapped with active uses.

(B)

Treatment of the Site and Landscape

1.

Building street edges should be pedestrian-friendly and contribute to a comfortable, attractive public realm.

2.

Where possible, curb cuts should be minimized, and property owners are encouraged to share access from the public right-of-way to contiguous parking lots and service areas to adjacent buildings.

3.

Parking lots and loading areas should be located behind or to the side of buildings and screened from public view.

4.

Clear signage should be provided to direct drivers to private parking.

5.

Plants should be native or adapted to coastal conditions.

6.

The use of permeable pavements, vegetated buffers, rain gardens, bioswales, and wetlands restoration to control runoff and manage stormwater on-site is encouraged.

7.

The visual impact of wide expanses of parking should be reduced with large, landscaped islands and planting strips.

8.

Utility boxes and trash receptacles should be located at the rear of the property and/or out of sight from any street and screened from public view.

(C)

Public and Private Infrastructure

1.

Owners and developers of buildings with active ground floor uses should work in concert with the City to ensure that a minimum clear width of six (6) feet for pedestrians is maintained on every sidewalk (not including the space assigned to light poles, hydrants or street trees). If the available sidewalk clear width is less than six (6) feet, new buildings may consider setting back the storefront or ground floor active uses from the front property line as much as needed to achieve the desirable minimum sidewalk clear width.

2.

Sidewalks should be continuous along all roadways as part of a "complete streets" design approach that allocates right of way access for bicycle lanes, sidewalks, and parked or ride share vehicles.

4696. Severability. If any provision of this Section 4610 et seq. is found to be invalid by a court of competent jurisdiction, the remainder of Section 4610 shall not be affected but shall remain in full force. The invalidity of any provision of Section 4610 shall not affect the validity of the remainder of the Zoning Ordinance.

(Ord. of 1-23-23, § 3)

4710. Purpose. The purpose of this Section is to provide a mechanism for the approval of:

4711. Assisted living facilities (ALF) within a residential environment that offer supportive services to individuals who are unable to live independently in the community by offering supervision and/or assistance with basic activities of daily life, such as, but not limited to, dressing, bathing, toileting, and nutrition; and

4712. Independent living facilities (ILF) that offer congregate living arrangements to persons over the age of fifty-five (55);

4713. The development of ALF and ILF in a manner that conserves environmental features, woodlands, wet areas, open space, areas of scenic beauty, views and vistas as well as encouraging the renovation and rehabilitation of older, existing buildings; and

4714. The development of ALF and ILF in a manner harmonious with the surrounding land uses while protecting natural resources and open space.

(Ord. of 12-23-03, § 1)

4720. Definitions. Within this Section 4700, the following terms shall have the following meanings:

Applicant: The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit hereunder. The Applicant must own, or be the beneficial owner of, all the land included in the proposed site, or have authority from the owner(s) to act for him/her/it/them or hold an option or contract duly executed by the owner(s) and the Applicant giving the latter the right to acquire the land to be included in the site.

Assisted Living Facility (ALF): A facility as defined in 651 CMR 12.02.

Bedroom: A separate room intended for, or which customarily could be used for, sleeping.

Dwelling Unit: A residence, including studio units. Each residence shall contain a living area, bathroom and, except in studio units, one or more bedrooms, and may contain a kitchen area or combination kitchen/living area.

Independent Living Facility (ILF): A facility reserved by deed for occupancy by persons over the age of fifty-five (5) who are able to care for themselves, but with some common facilities as described herein.

Land: Land, including areas covered by water.

Regulations: The rules and regulations of the Planning Board.

Wetlands: Land subject to the provisions of M.G.L.A. c. 131, §§ 40 and 40A.

(Ord. of 12-23-03, § 1)

4730. Special Permit. The development of an ALF and/or an ILF may be permitted upon the issuance of a special permit by the Planning Board, and upon site plan approval pursuant to Section 5400.

(Ord. of 12-23-03, § 1)

4740. Application. An application for a special permit shall be submitted to the Planning Board on forms therefrom furnished. Each such application shall be accompanied, if applicable, by a definitive plan of land pursuant to the Regulations of the Planning Board. In addition the applicants shall submit:

4741. The following plans:

(A) a site plan pursuant to Section 5400;

(B) a plan at a scale of 1" = 40' showing the topography of the site at a minimum of two-foot intervals, as well as vegetation and special features, including wetlands, perennial streams and ponds, trees of more than 8" caliper, rock outcroppings, slopes in excess of fifteen (15) percent, existing and proposed trails and paths, open vistas, structures of historical importance and biological or wildlife habitats, and proposed conservation and recreation easement areas;

(C) a plan illustrating preliminary landscaping and architectural design, showing types, location and layout of buildings, and typical elevations, as well as the general height, bulk and appearance of structures. Perspective drawings may be subsequently required by the Planning Board.

4742. The following narrative reports or data:

(A) a proposed development schedule showing the beginning of construction, the rate of construction and development, including stages, if applicable, and the estimated date of completion;

(B) a development impact statement prepared by qualified professionals, detailing the impact of the development on the City's capacity to furnish services including, but not limited to, roads, police, fire, emergency services and water;

(C) information pertaining to any organization which the Applicant proposes to form where the development is to be a condominium development, including forms and plans to be used to organize and manage the same, for approval as to form by City Solicitor;

(D) copies of all proposed covenants, easements, and other restrictions which the Applicant proposes to grant to the City, the Conservation Commission, utility companies, any condominium organization and the owners thereof, including plans of land to which they are intended to apply, for approval as to form by City Solicitor;

(E) any and all other information that the Planning Board may reasonably require in a form acceptable to it to assist in determining whether the Applicant's proposed development plan meets the objectives of this Section.

(Ord. of 12-23-03, § 1)

4750. Standards. In order to be eligible for consideration for a special permit pursuant to this Section, the proposed development shall meet all of the following standards:

4751. Minimum dimensional requirements for ALFs and ILFs shall be as set forth in the district in which the proposed facility is located.

4752. Buffer. A buffer area of twenty (20) feet shall be provided at the perimeter of the property where it abuts residentially zoned or occupied properties, except for driveways necessary for access and egress to and from the site. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. The Planning Board may waive the buffer requirement (i) where the land abutting the site is the subject of a permanent restriction for conservation or recreation so long as a buffer is established of at least ten (10) feet in depth which may include such restricted land area within such buffer area calculation; or (ii) where the land abutting the site is held by the City for conservation or recreation purposes; or (iii) the Planning Board determines that a smaller buffer will suffice to accomplish the objectives set forth herein.

4753. Removal and Replacement of Vegetation. With the site, no clear cutting shall be permitted, except incidental to construction of buildings, roads, trails and parking areas.

4754. Roadways. The principal roadway(s) serving the site shall be designed to conform with the standards of the City where the roadway is or may be ultimately intended for dedication and acceptance by the City of New Bedford. Private ways shall be adequate for the intended use and vehicular traffic and shall be maintained by an association of unit owners or by the Applicant.

4755. Parking. The applicant shall provide adequate parking to serve all anticipated uses on the property, with information detailing the method of computation of parking spaces. The minimum number of parking spaces provided on the site shall be 0.5 parking space per dwelling unit in an ALF and 1.0 parking space per dwelling unit in an ILF. For both ALFs and ILFs one parking space shall be provided for every three (3) employees during the largest shift. The Planning Board may increase the required parking by up to ten (10) percent to serve the needs of employees, visitors and service vehicles. All parking areas shall be screened from view from adjacent residentially zoned or occupied premises located outside the site, including public ways, by a landscaped border at least ten (10) feet in width. Parking lots in front setbacks in residential zones, and in buffer areas in all zones, with the exception of necessary access driveways, are prohibited. Parking areas in residential districts shall be located to the side or rear of all buildings. Parking lot layout shall be planned to permit landscaping, buffering, or screening to prevent direct views of parked vehicles from adjacent streets. The use of traditional picket fencing, hedges, walls, or landscape berms to define parking areas is encouraged. In parking areas of eleven or more parking stalls, at least one tree of three inch or greater caliper shall be planted for every six (6) parking places. Adequate tree wells and irrigation shall be provided for all parking lot landscaping. Pedestrian access is to be taken into consideration in parking lot design. The use of separate walkways is encouraged. Textured paving or grade separated (elevated) walkways are desired on all pedestrian access ways.

4756. Loading. Loading areas must be at least 20 × 9 feet, and have a minimum overhead clearance of ten (10) feet. Screening and landscaping shall be provided to block all views of loading areas (except those specifically designated for emergency vehicles) from the public right-of-way and adjacent properties.

4757. Surface Drainage. The surface drainage system shall be designed in accordance with the Subdivision Rules and Regulations of the Planning Board, if any, and the standards of the Department of Public Works.

4758. Utilities. All electric, gas, telephone, and water distribution lines shall be placed underground, except upon a demonstration of exceptional circumstances.

4759. Paths. Paths for the use of residents shall be attractively designed with proper regard for convenience, separation of vehicular, bicycle and pedestrian traffic, adequate connectivity, completeness of access to the various amenities and facilities on the site and to pathways on adjacent sites.

4751A. Paving and Curbing. Where the roadway is or may be ultimately intended for dedication and acceptance by the City of New Bedford, granite curbing, gray in color, is required, except in areas of very low traffic volume where no curbing will be required. Rolled asphalt (Cape Cod berm) curbing is unacceptable in all such ways. Curbing is to be sloped or cut to provide a barrier free transition at road crossings and building entrances. Paving should be textured or of different materials at pedestrian crossings and walkways. The use of stone, brick or cultured stone pavers for entrance walkway borders is encouraged. The use of textured materials for walkway borders is encouraged.

4751B. Design and Architectural Character. The Planning Board may require massing and style, roofs, facade elements, entrances, door and window openings, building materials and design elements consistent with the City and the neighborhood.

4751C. The ALF or ILF shall have an integrated emergency call, telephone and other communications system to provide monitoring for its residents. There shall be sufficient site access for public safety vehicles. A plan shall be approved by the Fire Department and the Inspector of Buildings for the emergency evacuation of the residents with emphasis on ensuring the safety of residents with physical impairments.

4751D. An ALF or an ILF may consist of a single building or multiple buildings.

4751E. Structures and uses accessory to the ALF of ILF may also be provided (with the exception of covered parking areas) within the same building, including, but not limited to, the following: beauty and barber salons; recreational, physical fitness and therapy services; nondenominational chapel; library; bank automated teller machine; management offices; adult day care or adult day health facility; hospice residence; food service; laundry and covered parking areas; provided, however, that such accessory uses and structures shall be designed for the primary use of the residents and staff of the ALF or ILF. Such accessory uses may not be designed for or used as a general business by the general public. Such accessory uses shall be wholly be within a structure containing residential units, and shall have not exterior advertising display.

4751F. The facility shall be served by the municipal water system.

(Ord. of 12-23-03, § 1)

4760. Conversion of Existing Structures. Applicants are encouraged to convert land and buildings that are no longer needed or suitable for their original use, and to permit reuses which are compatible with the character of the neighborhood and which take into consideration the interests of abutters, neighbors and the public, especially where the site abuts a residential area or the building(s) merit preservation.

4761. Where conversion of an existing structure is proposed, the standards set forth in Section 4450 shall not apply where the existing structure is nonconforming; provided, however, that any proposed expansion of the existing structure shall conform to the extent feasible.

(Ord. of 12-23-03, § 1)

4770. Action by the Planning Board. The Board may grant a special permit for an ALF/ILF where it makes the following findings:

4771. The proposed ALF complies with the requirements of this Section;

4772. The proposed ALF does not cause substantial detriment to the neighborhood after considering the following potential consequences:

(A)

noise, during the construction and operational phases;

(B)

pedestrian and vehicular traffic;

(C)

environmental harm;

(D)

visual impact caused by the character and scale of the proposed structure(s).

4773. For conversions of existing structures, the Planning Board must find that the proposal protects the City's heritage by minimizing removal or disruption of historic, traditional or significant uses, structures or architectural elements, whether these exist on the site or on adjacent properties. If the building is a municipally owned building, the proposed uses and structures are consistent with any conditions imposed by the Planning Board on the sale, lease, or transfer of the site. The buffer requirements, minimum open space requirements, and building height requirements shall be those physically existing as of [date of enactment]. The Council may permit expansion of the structure to the degree reasonably necessary to comply with federal and state law.

(Ord. of 12-23-03, § 1)

4810. General. No automobile repair work, except emergency work, shall be done out of doors, and only subject to licenses and permits in accordance with law. Auto body and fender repairing is prohibited.

(Ord. of 12-23-03, § 1)

4820. Permit Required. No building shall be erected, altered or converted for motor vehicle light service until a permit is issued by the Inspector of Buildings as provided in the State Building Code.

(Ord. of 12-23-03, § 1)

4830. Procedures. Plot plans shall be submitted in duplicate for repair and in quadruplicate for light service; one set shall be kept at the building site during the progress of the work, one set on file in the office of the Inspector of Buildings; and in case of light service, one set for the Mayor and Council and one set for the Chief of the Fire Department.

(Ord. of 12-23-03, § 1)

4840. Parking. No pump, pipe or structure of any kind for the distribution of petroleum products shall henceforth be erected or installed unless there are parking facilities for vehicles to be serviced on private property, and the dispensing of said products over sidewalks and traveled ways by the use of hose, swinging arms or other devices is hereby prohibited, except where such use is absolutely required by installations made prior to August 1, 1946.

(Ord. of 12-23-03, § 1)

4850. Special Permit Required. No site shall be used for light service and no permits for the erection, alteration or conversion of a building for said purpose shall be issued until a special permit for the use of said site for light service has been approved by the Board of Appeals following a public hearing.

(Ord. of 12-23-03, § 1)

4910. Purpose. The purpose of this Section is to establish procedures for establishment of wireless communications facilities (a) by safe and appropriate siting consistent with the Telecommunications Act of 1996, while (b) minimizing visual impacts from such facilities on residential districts and scenic areas within New Bedford.

(Ord. of 12-23-03, § 1)

4920. Location. WCF may be allowed by special permit in all districts. No WCF shall be erected or installed except in compliance with the provisions of this Section.

(Ord. of 12-23-03, § 1)

4930. Submittal Requirements. As part of any application for a special permit, applicants shall submit the information required for site plan review, as set forth herein at Section 5400. Applicants shall also provide:

4931. A description of the capacity of the facility, including the number and types of antennas that it can accommodate and the basis for the calculation of capacity.

4932. Documentation evidencing that providers of WCS intend to co-locate on the facility.

4933. Documentation that the applicant is unable to co-locate on an existing or approved facility.

4934. Documentation that the facility complies with all requirements of the Federal Aviation Administration and City of New Bedford, including but not limited to lighting and airport approach zone encroachments.

4935. Documentation evidencing that the facility is designed to be the minimum height necessary to accommodate the anticipated and future users.

4936. Documentation certifying that the proposed WCF will meet all applicable FCC and state health and environmental standards.

4937. A structural engineering certification, signed by a registered professional engineer, certifying the structural integrity of the proposed facility and all components thereof (including but not limited to the tower, base, supports and attachments). The Zoning Board of Appeals may accept engineering certification(s) from the manufacturer of the components of any facility in lieu of certification by a registered engineer.

4938. The City may retain a technical expert at the expense of the applicant in the appropriate field of engineering to verify any of the information contained in the submissions required herein.

(Ord. of 12-23-03, § 1; Ord. of 1-27-14, § 2)

4940. Special Permit. A WCF may be erected upon the issuance of a special permit by the Zoning Board of Appeals if the Board determines that the adverse effects of the proposed facility will not outweigh the need for the WCF, in view of the particular characteristics of the site and of the proposal in relation to that site. The determination shall include consideration of each of the following:

4941. Communication needs served by the facility;

4942. Traffic flow and safety, including parking and loading;

4943. Impact on neighborhood character, including aesthetics;

4944. Impacts on the natural environment, including visual impacts;

4945. Potential fiscal impact, including impact on City services, tax base, and employment;

4946. New facilities shall be considered only upon a finding that existing or approved facilities cannot accommodate, or reasonably be made to accommodate, the equipment planned for proposed facilities.

(Ord. of 12-23-03, § 1; Ord. of 1-27-14, § 3)

4950. Conditions. All WCF shall be subject to the following conditions:

4951. To the extent feasible, the facility shall be designed and constructed so it is capable of accommodating co-location. Facilities shall be designed to structurally accommodate foreseeable users (within a ten-year period), including wireless services providers and local Police, Fire and Ambulance companies, unless the applicant demonstrates to the Zoning Board of Appeals that it is technically infeasible to do so.

4952. The height of any facility shall not exceed the height restrictions of the zoning district within which the facility is to be located absent a specific finding by the Board, in addition to any finding required under Section 4940, that such additional height is necessary to meet the needs of the facility and/or the City. Existing ground elevations may not be altered or distorted in order to achieve additional height.

4953. Freestanding facilities shall be set back from the nearest residential dwelling by a minimum distance equal to the height of the facility (as measured to its highest point, including antennas, etc.) and further, said WCF shall not be located closer than twenty-five (25) feet from any street or lot line.

4954. WCF may be placed upon or inside existing buildings or structures, including water tanks and towers, church spires, electrical transmission towers, and the like. In such cases, the facility height shall not exceed two (2) feet above the height of the existing structure or building.

4955. All structures associated with WCF shall be removed within one year of cessation of use at the expense of the applicant. The Board of Appeals may require a performance guarantee to effect this result, including a bond of an amount to be determined by the Board of Appeals.

4956. To the extent feasible, all network interconnections from the communications facility shall be via land lines.

4957. Existing on-site vegetation shall be preserved to the maximum extent feasible.

4958. The facility shall minimize, to the extent feasible, adverse visual effects on the environment. The Zoning Board of Appeals may impose reasonable conditions to ensure this result, including painting, lighting standards, landscaping, and screening.

4959. Traffic associated with the facility shall not adversely affect public ways.

4959A. Fencing may be required to control unauthorized entry to the WCF.

4959B. No interference to existing broadcast television, cable television, or radio signals, including emergency systems and public safety communications, shall be permitted from the WCF or components thereon. If interference occurs, the applicant must remedy the interference within the time period affixed by the Zoning Board of Appeals.

4959C. The Zoning Board of Appeals may require an applicant to pay for costs incurred by the Board to review the application for a WCF. These costs may include, without limitation, engineering, planning, technical or legal consulting services necessary for review purposes.

(Ord. of 12-23-03, § 1; Ord. of 1-27-14, § 4, 5)

Editor's note— Ord. of 1-23-23, § 2, adopted January 23, 2023, repealed §§ 4100A—4170A, which pertained to Wasmsutta Mill Overlay district (WMOD) and derived from Ord. of 6-7-04, § 1; Ord. of 9-13-05, § 1—3, 5; Ord. of 4-14-08, §§ 1—4.

4210A. Purpose. The purpose of the RAMOD is to provide adequate minimum standards and procedures for the construction of new housing facilities and rehabilitation of existing structures so as to promote economic and cultural development in the Riverside Avenue Mill area.

4220A. Location. The Riverside Avenue Mill Overlay District (RAMOD) is hereby established as an overlay district comprised of the area beginning at a point of intersection with the easterly line of Riverside Avenue and the southerly line of Manomet Street; thence easterly in the southerly line of Manomet Street, a distance of four hundred eighty-seven (487) feet, more or less, to the Acushnet River; thence commencing again at the first point mentioned and running southerly in the east line of Riverside Avenue, a distance of one thousand two hundred sixty (1,260) feet, more or less, to a point in the Acushnet River, thence easterly and northerly along the Acushnet River to the termination of the first line herein described; containing approximately six hundred ninety thousand six hundred ninety-one (690,691) square feet, more or less; and all of the area bounded southerly by the north line of Manomet Street, westerly by the easterly line of Riverside Avenue; northerly by the southerly line of Belleville Road; easterly by the Acushnet River; also including land bounded by the southerly line of Plot 111, Lot 155, as extended from the Acushnet River to Belleville Road, thence by the easterly line of Belleville Road, a distance of 1,075.36 feet; thence easterly along the northern lot line of Plat 111, Lot 146, to the Acushnet River; thence southerly along the Acushnet River, to the point of beginning. The RAMOD is hereby designated on the City of New Bedford Zoning Map, as may be subsequently amended, on file in the Office of the City Clerk.

(Ord. of 10-16-06, § 1; Ord. of 4-1-11, § 1)

4230A. Definitions. Within this Section 4200A, the following terms shall have the following meanings:

4231A. Applicant: The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit hereunder. The Applicant must own, or be the beneficial owner of, all the land included in the proposed site, or have authority from the owner(s) to act for him/her/it/them or hold an option or contract duly executed by the owner(s) and the Applicant giving the latter the right to acquire the land to be included in the site.

4232A. Dwelling Unit: A functioning room or group of rooms capable of being used as a residence (including studio units). Each residence shall contain a living area, bathroom and, except in studio units, one or more bedrooms, and may contain a kitchen area or combination kitchen/living area.

4233A. Proposed Project: The project proposed by the Applicant for which a special permit hereunder is being sought.

4233B Proposed Project Site: The parcel of land, with buildings thereon on which the Proposed Project is located.

4234A. Regulations: The rules and regulations of the Planning Board.

4235A. Upper Level Floors: Any floor of a building that is located above the street level floor. In the event that a portion of two (2) floors of the same building are level to a street or streets, neither of said two (2) floors shall be considered upper level floors. Notwithstanding the previous sentence, in the event the Planning Board determines that the majority or an equal amount of street access is provided through the lower of the two (2) floors level to a street or streets, the higher of the two (2) floors level to a street or streets may be deemed an upper level floor.

4240A. Front Yard.

4241A. 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 containing the Proposed Project 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.

4242A. Notwithstanding the previous paragraph, no building constructed within the RAMOD shall have a front yard that exceeds ten (10) feet.

4243A. Where the alignment of a building is not controlled by subsection 4241A., between every building and the line of the street upon which it fronts there shall be a front yard of a clear depth of not more than ten (10) feet.

(Ord. of 4-14-08, § 1)

4250A. Special Permit. Pursuant to the requirements of this Section 4200A, the following may be permitted upon the issuance of a special permit by the Zoning Board of Appeals:

4251A. Residential Dwelling Units on all floors of pre-existing structures.

4251B. Reserved.

4252A. Reductions in setbacks, density, green space and parking requirements to allow for the development of Dwelling Units on all floors of pre-existing structures.

4253A. Reductions in parking requirements for commercial use of pre-existing or new structures.

(Ord. of 4-14-08, §§ 2—4)

4260A. Special Permit Application. An application for a special permit shall be submitted to the Zoning Board of Appeals on forms therefrom furnished. Applicants are encouraged to rehabilitate existing structures and to permit reuses which are compatible with the character of the neighborhood and which take into consideration the interests of abutters, neighbors and the public, especially where the site abuts a residential area or the building(s) merit preservation.

In addition, the Applicant shall submit:

4261A. The following plans:

4261A(i). A copy of the site plan approved by the Planning Board, if required pursuant to Section 5400 et al; Notwithstanding the previous sentence, the Applicant may choose to seek site plan approval from the Planning Board at the same time the Zoning Board of Appeals is considering his application for a Special Permit, hereunder in which case he shall submit a statement indicating that he has filed an application for Site Plan Approval with the Planning Board. Upon receipt of said statement, signed under the penalties of perjury, on a form proscribed by the Zoning Board of Appeals, the Zoning Board of Appeals shall deem this requirement fulfilled and shall include a condition in any approval that said approval is contingent upon the approval of said site plan by the Planning Board;

4261A(ii). A plan illustrating location and layout of buildings, including layouts of any Dwelling Units. Additional drawings may be subsequently required by the Planning Board;

4261A(iii). The following narrative reports or data:

(1)

A proposed development schedule showing the beginning of construction, the rate of construction and development, including stages, if applicable, and the estimated cost of construction and date of completion;

(2)

Information pertaining to any organization which the Applicant proposes to form where the development is to be a condominium development, including forms and plans to be used to organize and manage the same, for approval as to form by the City Solicitor;

(3)

Copies of all proposed covenants, easements, and other restrictions which the Applicant proposes to grant to the City, the Conservation Commission, utility companies, any condominium organization and the owners thereof, including plans of land to which they are intended to apply, for approval as to form by the City Solicitor;

(4)

Any and all other information that the Zoning Board may reasonably require in a form acceptable to it to assist in determining whether the Applicant's proposed development plan meets the objectives of this Section;

(5)

New Bedford Historic Commission approval, if applicable.

4270A. Action by the Zoning Board of Appeals. The Board may grant a special permit where it makes the following findings:

4271A. The Proposed Project complies with the requirements of this Section;

4272A. The Proposed Project does not cause substantial detriment to the neighborhood after considering the following potential consequences:

4272A(i). noise, during the construction and operational phases;

4272A(ii). pedestrian and vehicular traffic;

4272A(iii). environmental harm;

4272A(iv). visual impact caused by the character and scale of the proposed structure(s);

4272A(v). where relief to parking requirement has been sought, applicant has demonstrated that reasonable efforts have been made to comply with parking requirements;

4272A(vi). for conversions of existing structures, the Zoning Board of Appeals must find that the Proposed Project protects the City's heritage by minimizing removal or disruption of historic, traditional or significant uses, structures or architectural elements, whether these exist on the site or on adjacent properties. If the building is a municipally owned building, the proposed uses and structures are consistent with any conditions imposed by the Planning Board on the sale, lease, or transfer of the site.

(Ord. of 12-27-04, § 1)

4310A. Purpose. The purpose of the COSMOD is to provide adequate minimum standards and procedures for the construction of new housing facilities and rehabilitation of existing structures so as to promote economic and cultural development in the Cove Street Mill area.

4320A. Location. The COSMOD is hereby established as an overlay district comprised of the area bounded northerly by the southerly line of Gifford Street from its intersection with the easterly line of Morton Court to the Acushnet River; bounded easterly by the Acushnet River; bounded southerly by the northerly line of Cove Street from the Acushnet River to its intersection with the easterly line of Morton court; and bounded westerly by the easterly line of Morton Court. The COSMOD is hereby designated on the City of New Bedford Zoning Map, as may be subsequently amended, on file in the Office of the City Clerk.

4330A. Definitions. Within this Section 4300A, the following terms shall have the following meanings:

4331A. Applicant: The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit hereunder. The Applicant must own, or be the beneficial owner of, all the land included in the proposed site, or have authority from the owner(s) to act for him/her/it/them or hold an option or contract duly executed by the owner(s) and the Applicant giving the latter the right to acquire the land to be included in the site.

4332A. Dwelling Unit: A functioning room or group of rooms capable of being used as a residence (including studio units). Each residence shall contain a living area, bathroom and, except in studio units, one or more bedrooms, and may contain a kitchen area or combination kitchen/living area.

4333A. Proposed Project: The project proposed by the Applicant for which a special permit hereunder is being sought.

4334A. Proposed Project Site: The parcel of land, with buildings thereon on which the Proposed Project is located.

4335A. Regulations: The rules and regulations of the Planning Board.

4336A. Upper Level Floors: Any floor of a building that is located above the street level floor. In the event that a portion of two (2) floors of the same building are level to a street or streets, neither of said two (2) floors shall be considered upper level floors. Notwithstanding the previous sentence, in the event the Planning Board determines that the majority or an equal amount of street access is provided through the lower of the two (2) floors level to a street or streets, the higher of the two (2) floors level to a street or streets may be deemed an upper level floor.

4340A. Front Yard.

4341A. 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 containing the Proposed Project 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.

4342A. Notwithstanding the previous paragraph, no building constructed within the COSMOD shall have a front yard that exceeds ten (10) feet.

4343A. Where the alignment of a building is not controlled by subsection 4341A., between every building and the line of the street upon which it fronts there shall be a front yard of a clear depth of not more than ten (10) feet.

(Ord. of 4-14-08, § 1)

4350A. Special Permit. Pursuant to the requirements of this Section 4300A, the following may be permitted upon the issuance of a special permit by the Zoning Board of Appeals:

4351A. Residential Dwelling Units on all floors of pre-existing structures.

4351B. Reserved.

4352A. Reductions in setbacks, density, green space and parking requirements to allow for the development of Dwelling Units on all floors of pre-existing structures.

4353A. Reductions in parking requirements for commercial use of pre-existing or new structures.

(Ord. of 4-14-08, §§ 2—4)

4360A. Special Permit Application. An application for a special permit shall be submitted to the Zoning Board of Appeals on forms therefrom furnished. Applicants are encouraged to rehabilitate existing structures and to permit reuses which are compatible with the character of the neighborhood and which take into consideration the interests of abutters, neighbors and the public, especially where the site abuts a residential area or the building(s) merit preservation.

In addition, the Applicant shall submit:

4361A. The following plans:

4361A(i). A copy of the site plan approved by the Planning Board, if required pursuant to Section 5400 et al. Notwithstanding the previous sentence, the Applicant may choose to seek site plan approval from the Planning Board at the same time the Zoning Board of Appeals is considering his application for a Special Permit, hereunder in which case he shall submit a statement indicating that he has filed an application for Site Plan Approval with the Planning Board. Upon receipt of said statement, signed under the penalties of perjury, on a form proscribed by the Zoning Board of Appeals, the Zoning Board of Appeals shall deem this requirement fulfilled and shall include a condition in any approval that said approval is contingent upon the approval of said site plan by the Planning Board;

4361A(ii). A plan illustrating location and layout of buildings, including layouts of any Dwelling Units. Additional drawings may be subsequently required by the Planning Board;

4361A(iii). The following narrative reports or data:

(1)

A proposed development schedule showing the beginning of construction, the rate of construction and development, including stages, if applicable, and the estimated cost of construction and date of completion;

(2)

Information pertaining to any organization which the Applicant proposes to form where the development is to be a condominium development, including forms and plans to be used to organize and manage the same, for approval as to form by the City Solicitor;

(3)

Copies of all proposed covenants, easements, and other restrictions which the Applicant proposes to grant to the City, the Conservation Commission, utility companies, any condominium organization and the owners thereof, including plans of land to which they are intended to apply, for approval as to form by the City Solicitor;

(4)

Any and all other information that the Zoning Board may reasonably require in a form acceptable to it to assist in determining whether the Applicant's proposed development plan meets the objectives of this Section.

(5)

New Bedford Historic Commission approval, if applicable.

4370A. Action by the Zoning Board of Appeals. The Board may grant a special permit where it makes the following findings:

4371A. The Proposed Project complies with the requirements of this Section;

4372A. The Proposed Project does not cause substantial detriment to the neighborhood after considering the following potential consequences:

4372A(i). noise, during the construction and operational phases;

4372A(ii). pedestrian and vehicular traffic;

4372A(iii). environmental harm;

4372A(iv). visual impact caused by the character and scale of the proposed structure(s).

4372A(v). where relief to parking requirement has been sought, applicant has demonstrated that reasonable efforts have been made to comply with parking requirements.

4372A(vi). for conversions of existing structures, the Zoning Board of Appeals must find that the Proposed Project protects the City's heritage by minimizing removal or disruption of historic, traditional or significant uses, structures or architectural elements, whether these exist on the site or on adjacent properties. If the building is a municipally owned building, the proposed uses and structures are consistent with any conditions imposed by the Planning Board on the sale, lease, or transfer of the site.

(Ord. of 9-13-05, § 1)

4410A. Purpose. The purpose of the MDRMOD is to provide adequate minimum standards and procedures for the construction of new housing facilities and rehabilitation of existing structures so as to promote economic and cultural development in the Mott-David-Ruth Street Mill area.

4420A. Location. The MDRMOD is hereby established as an overlay district comprised of the area beginning at the intersection of the westerly line of East Rodney French Boulevard and northerly line of Mott Street; thence proceeding westerly along the northerly line of Mott Street to the intersection of the northerly line of Mott Street and the easterly line of Cleveland Street; thence proceeding northerly along the easterly line of Cleveland Street to the intersection of the easterly line of Cleveland Street and the southerly line of Ruth Street; thence proceeding easterly along the southerly line of Ruth Street to the intersection of the southerly line of Ruth Street and the westerly line of East Rodney French Boulevard; thence proceeding along East Rodney French Boulevard to the point of beginning. Notwithstanding the previous sentence, Lot 153 as shown on City of New Bedford Assessor's Map 16 is excluded from the MDRMOD. The MDRMOD is hereby designated on the City of New Bedford Zoning Map, as may be subsequently amended, on file in the Office of the City Clerk.

4430A. Definitions. Within this Section 4400A, the following terms shall have the following meanings:

4431A. Applicant: The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit hereunder. The Applicant must own, or be the beneficial owner of, all the land included in the proposed site, or have authority from the owner(s) to act for him/her/it/them or hold an option or contract duly executed by the owner(s) and the Applicant giving the latter the right to acquire the land to be included in the site.

4432A. Dwelling Unit: A functioning room or group of rooms capable of being used as a residence (including studio units). Each residence shall contain a living area, bathroom and, except in studio units, one or more bedrooms, and may contain a kitchen area or combination kitchen/living area.

4433A. Proposed Project: The project proposed by the Applicant for which a special permit hereunder is being sought.

4434A Proposed Project Site: The parcel of land, with buildings thereon on which the Proposed Project is located.

4435A. Regulations: The rules and regulations of the Planning Board.

4436A. Upper level floors: Any floor of a building that is located above the street level floor. In the event that a portion of two (2) floors of the same building are level to a street or streets, neither of said two (2) floors shall be considered upper level floors. Notwithstanding the previous sentence, in the event the Planning Board determines that the majority or an equal amount of street access is provided through the lower of the two (2) floors level to a street or streets, the higher of the two (2) floors level to a street or streets may be deemed an upper level floor.

4440A. Front Yard.

4441A. 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 containing the Proposed Project 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.

4442A. Notwithstanding the previous paragraph, no building constructed within the MDRMOD shall have a front yard that exceeds ten (10) feet.

4443A. Where the alignment of a building is not controlled by subsection 4441A., between every building and the line of the street upon which it fronts there shall be a front yard of a clear depth of not more than ten (10) feet.

(Ord. of 4-14-08, § 1)

4450A. Special Permit. Pursuant to the requirements of this Section 4400A, the following may be permitted upon the issuance of a special permit by the Zoning Board of Appeals:

4451A. Residential Dwelling Units on all floors of pre-existing structures.

4451B. Reserved.

4452A. Reductions in setbacks, density, green space and parking requirements to allow for the development of Dwelling Units on all floors of pre-existing structures.

4453A. Reductions in parking requirements for commercial use of pre-existing or new structures.

(Ord. of 4-14-08, §§ 2—4)

4460A. Special Permit Application. An application for a special permit shall be submitted to the Zoning Board of Appeals on forms therefrom furnished. Applicants are encouraged to rehabilitate existing structures and to permit reuses which are compatible with the character of the neighborhood and which take into consideration the interests of abutters, neighbors and the public, especially where the site abuts a residential area or the building(s) merit preservation.

In addition, the Applicant shall submit:

4461A. The following plans:

4461A(i). A copy of the site plan approved by the Planning Board, if required pursuant to Section 5400 et al. Notwithstanding the previous sentence, the Applicant may choose to seek site plan approval from the Planning Board at the same time the Zoning Board of Appeals is considering his application for a Special Permit, hereunder in which case he shall submit a statement indicating that he has filed an application for Site Plan Approval with the Planning Board. Upon receipt of said statement, signed under the penalties of perjury, on a form proscribed by the Zoning Board of Appeals, the Zoning Board of Appeals shall deem this requirement fulfilled and shall include a condition in any approval that said approval is contingent upon the approval of said site plan by the Planning Board;

4461A(ii). A plan illustrating location and layout of buildings, including layouts of any Dwelling Units. Additional drawings may be subsequently required by the Planning Board;

4461A(iii). The following narrative reports or data:

(1)

A proposed development schedule showing the beginning of construction, the rate of construction and development, including stages, if applicable, and the estimated cost of construction and date of completion;

(2)

Information pertaining to any organization which the Applicant proposes to form where the development is to be a condominium development, including forms and plans to be used to organize and manage the same, for approval as to form by the City Solicitor;

(3)

Copies of all proposed covenants, easements, and other restrictions which the Applicant proposes to grant to the City, the Conservation Commission, utility companies, any condominium organization and the owners thereof, including plans of land to which they are intended to apply, for approval as to form by the City Solicitor;

(4)

Any and all other information that the Zoning Board may reasonably require in a form acceptable to it to assist in determining whether the Applicant's proposed development plan meets the objectives of this Section.

(5)

New Bedford Historic Commission approval, if applicable.

4470A. Action by the Zoning Board of Appeals. The Board may grant a special permit where it makes the following findings:

4471A. The Proposed Project complies with the requirements of this Section;

4472A. The Proposed Project does not cause substantial detriment to the neighborhood after considering the following potential consequences:

4472A(i). noise, during the construction and operational phases;

4472A(ii). pedestrian and vehicular traffic;

4472A(iii). environmental harm;

4472A(iv). visual impact caused by the character and scale of the proposed structure(s).

4472A(v). where relief to parking requirement has been sought, applicant has demonstrated that reasonable efforts have been made to comply with parking requirements.

4472A(vi). for conversions of existing structures, the Zoning Board of Appeals must find that the Proposed Project protects the City's heritage by minimizing removal or disruption of historic, traditional or significant uses, structures or architectural elements, whether these exist on the site or on adjacent properties. If the building is a municipally owned building, the proposed uses and structures are consistent with any conditions imposed by the Planning Board on the sale, lease, or transfer of the site.

(Ord. of 1-27-06, § 1)

4510A. Purpose. The purpose of the SMOD is to provide adequate minimum standards and procedures for the construction of new housing facilities and rehabilitation of existing structures for mixed uses so as to promote economic and cultural development contributing to the emerging creative economy of New Bedford.

(Ord. of 9-21-07, § 1)

4520A. Location. The SMOD is hereby established, as an Overlay District comprised of the one-block area bounded by Nash Road to the south, Edison Street to the west, Belleville Road to the north, and Brook Street to the east. The SMOD is hereby designated on the City of New Bedford Zoning Map, as may be subsequently amended, on file in the Office of the City Clerk.

(Ord. of 9-21-07, § 1)

4530A. Definitions. Within this Section 4500A, the following terms shall have the following meanings:

4531A. Applicant: The person or persons, including a corporation or other legal entity, which applies for issuance of a Special Permit hereunder. The Applicant must own, or be the beneficial owner of, or have the authority from the owner(s) to act for him/her/it/them or hold an option or contract duly executed by the owner(s) and the Applicant giving the latter the right to acquire the land to be included in the site.

4532A. Creative Economy: Those industries that have their origin in individual creativity, skill and talent which have a potential for wealth and job creation through the generation and exploitation of intellectual property.

4533A. Dwelling Unit: A functioning room or group of rooms capable of being used as residence (including studio units). Each residence shall contain a living area, bathroom and, except in studio units, one or more bedrooms, and may contain a kitchen area or combination kitchen/living area.

4534A. Proposed Project: The project proposed by the Applicant for which a Special Permit hereunder is being sought.

4535A. Proposed Project Site: The parcel of land, with buildings thereon on, which the Proposed Project is located.

4536A. Regulations: The rules and regulations of the Planning Board.

4537A. Upper Level Floors: Any floor of a building that is located above the street level floor. Notwithstanding the above, any building with a single level, that level will be considered an upper level.

(Ord. of 9-21-07, § 1)

4540A. Front Yard Requirements.

4541A. 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 containing the Proposed Project and within the same block and district. Where there is a building on one or both of the adjoining lots, the front yard of 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.

4542A. Notwithstanding the previous paragraph, no building constructed within the SMOD shall have a front yard that exceeds ten (10) feet.

4543A. Where the alignment of a building is not controlled by Subsection 4541A, between every building and the line of the street upon which it fronts there shall be a front yard of a clear depth of not more than ten (10) feet.

(Ord. of 9-21-07, § 1; Ord. of 4-14-08, § 1)

4550A. Special Permit. Pursuant to the requirements of this Section 4500A, the following may be permitted upon the issuance of a Special Permit by the Zoning Board of Appeals:

4551A. Residential dwelling units on all floors of pre-existing structures.

4552A. Reductions in setbacks, density, green space and parking requirements to allow for the development of dwelling units in pre-existing structures.

4553A. Reductions in parking requirements for commercial use of pre-existing structures or the construction of new structures.

4560A. Special Permit Application. An application for a Special Permit shall be submitted to the Zoning Board of Appeals on forms therefrom furnished. Applicants area encouraged to rehabilitate existing structures and to permit reuses which are compatible with the character of the neighborhood and which takes into consideration the interests of abutters, neighbors and the public, especially where the site abuts a residential area or the building(s) merit preservation.

In addition, the Applicant shall submit:

4561A. The following plans:

4561A(i). A copy of the site plan approved by the Planning Board, if required pursuant to Section 5400 et al. Notwithstanding the previous sentence, the Applicant may choose to seek site plan approval from the Planning Board at the same time the Zoning Board of Appeals is considering his application for a Special Permit, hereunder in which case he shall submit a statement indicating that he has filed an application for Site Plan Approval with the Planning Board. Upon receipt of said statement, signed under the penalties of perjury, on a form proscribed by the Zoning Board of Appeals, the Zoning Board of Appeals shall deem this requirement fulfilled and shall include a condition in any approval that said approval is contingent upon the approval of said site plan by the Planning Board;

4561A(ii). A plan illustrating location and layout of buildings, including layouts of any Dwelling Units. Additional drawings may be subsequently required by the Planning Board;

4561A(iii). The following narrative reports or data:

(1)

A proposed development schedule showing the beginning of construction, the rate of construction and development, including stages, if applicable, and the estimated cost of construction and date of completion;

(2)

Information pertaining to any organization which the Applicant proposes to form where the development is to be a condominium development, including forms and plans to be used to organize and manage the same, for approval as to form by the City Solicitor;

(3)

Copies of all proposed covenants, easements, and other restrictions which the Applicant proposes to grant to the City, the Conservation Commission, utility companies, any condominium organization and the owners thereof, including plans of land to which they are to apply, for approval as to form by the City Solicitor;

(4)

Any and all other information that the Zoning Board may reasonably require in a form acceptable to it to assist in determining whether the Applicant's proposed development plan meets the objectives of this Section.

(5)

New Bedford Historic Commission approval, if applicable.

(Ord. of 9-21-07, § 1)

4570A. Action by the Zoning Board of Appeals. The Board may grant a Special Permit where it makes the following findings:

4571A. The Proposed Project complies with the requirements of this Section;

4572A. The Proposed Project does not cause substantial detriment to the neighborhood after considering the following potential consequences:

4572A(i). Noise, during the construction and operational phases;

4572A(ii). Pedestrian and vehicular traffic;

4572A(iii). Environmental harm;

4572A(iv). Visual impact caused by the character and scale of the proposed structure(s);

4572A(v). Where relief to parking requirement has been sought, applicant has demonstrated that reasonable efforts have been made to comply with parking requirements;

4572A(vi). For conversions of existing structures, the Zoning Board of Appeals must find that the Proposed Project protects the City's heritage by minimizing removal or disruption of historic, traditional or significant uses, structures or architectural elements, whether these exist on the site or on adjacent properties. If the building is a municipally owned building, the proposed uses and structures are consistent with any conditions imposed by the Planning Board on the sale, lease, or transfer of the site.

(Ord. of 9-21-07, § 1)

4610A. Purpose. The purpose of the WRFMOD is to provide adequate minimum standards and procedures for the construction of new housing facilities and rehabilitation of existing structures for Mixed Uses so as to promote economic and cultural development contributing to the emerging creative economy of New Bedford.

(Ord. of 5-10-12, § 1)

4620A. Location. The WRFMOD is hereby established, as an Overlay District comprised of the area bounded northerly by the southerly line of Grit Street, from its intersection with the Hurricane Barrier to its intersection with the westerly line of West Rodney French Boulevard; bounded easterly by the westerly line of West Rodney French Boulevard from its intersection with the southerly line of Grit Street to its intersection with the Hurricane Barrier; and bounded southwesterly by the Hurricane Barrier from its intersection with the westerly line or West Rodney French Boulevard to its intersection with the southerly line of Grit Street. This area comprises the block shown on Assessor's Map Plot 15, Lots 151 and 280.

The WRFMOD is hereby designated on the City of New Bedford Zoning Map, as may be subsequently amended, on file in the Office of the City Clerk.

(Ord. of 5-10-12, § 1)

4630A. Definitions. Within this Section 4600A, the following terms shall have the following meanings:

4631A. Applicant: The person or persons, including a corporation or other legal entity, which applies for issuance of a Special Permit hereunder. The Applicant must own, or be the beneficial owner of, or have the authority from the owner(s) to act for him/her/it/them or hold an option or contract duly executed by the owner(s) and the Applicant giving the latter the right to acquire the land to be included in the site.

4632A. Creative Economy: Those industries that have their origin in individual creativity, skill and talent which have a potential for wealth and job creation through the generation and exploitation of intellectual property.

4633A. Dwelling Unit: A functioning room or group of rooms capable of being used as residence (including studio units). Each residence shall contain a living area, bathroom and, except in studio units, one or more bedrooms, and may contain a kitchen area or combination kitchen/living area.

4634A. Proposed Project: The project proposed by the Applicant for which a Special Permit hereunder is being sought.

4635A. Proposed Project Site: The parcel of land, with buildings thereon on, which the Proposed Project is located.

4636A. Regulations: The Rules and Regulations of the Planning Board.

4637A. Upper Level Floors: Any floor of a building that is located above the street level floor. Notwithstanding the above, any building with a single level, that level will be considered an Upper Level.

(Ord. of 5-10-12, § 1)

4640A. Front Yard Requirements.

4641A. 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 containing the Proposed Project and within the same block and district. Where there is a building on one or both of the adjoining lots, the front yard of 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.

4642A. Notwithstanding the previous paragraph, no building constructed within the WRFMOD shall have a front yard that exceeds ten (10) feet.

4643A. Where the alignment of a building is not controlled by Subsection 4641A, between every building and the line of the street upon which it fronts there shall be a front yard of a clear depth of not more than ten (10) feet.

4644A. No off-street parking shall be located within the front yard.

(Ord. of 5-10-12, § 1)

4650A. Special Permit. Pursuant to the requirements of this Section 4600A, the following may be permitted upon the issuance of a Special Permit by the Zoning Board of Appeals.

4651A. Residential dwelling units on all floors of pre-existing structures.

4652A. Reductions in setbacks, density, green space and parking requirements to allow for the development of dwelling units in pre-existing structures.

4653A. Reductions in parking requirements for commercial use of pre-existing structures or the construction of new structures.

(Ord. of 5-10-12, § 1)

4660A. Special Permit Application. An application for a Special Permit shall be submitted to the Zoning Board of Appeals on forms there from furnished. Applicants area encouraged to rehabilitate existing structures and to permit reuses which are compatible with the character of the neighborhood and which takes into consideration the interests of abutters, neighbors and the public, especially where the site abuts a residential area or the building(s) merit preservation.

In addition, the Applicant shall submit:

4661A. The following plans:

4661A(i). A copy of the site plan approved by the Planning Board, if required pursuant to Section 5400 et al. Notwithstanding the previous sentence, the Applicant may choose to seek site plan approval from the Planning Board at the same time the Zoning Board of Appeals is considering his application for a Special Permit, hereunder in which case he shall submit a statement indicating that he has filed an application for Site Plan Approval with the Planning Board. Upon receipt of said statement, signed under the penalties of perjury, on a form prescribed by the Zoning Board of Appeals, the Zoning Board of Appeals shall deem this requirement fulfilled and shall include a condition in any approval that said approval is contingent upon the approval of said site plan by the Planning Board.

4661A(ii). A plan illustrating location and layout of buildings, including layouts of any Dwelling Units. Additional drawings may be subsequently required by the Planning Board;

4661A(iii). The following narrative reports or data:

(1) A proposed development schedule showing the beginning of construction, the rate of construction and development, including stages, if applicable, and the estimated cost of construction and date of completion;

(2) Information pertaining to any organization which the Applicant proposes to form where the development is to be a condominium development, including forms and plans to be used to organize and manage the same, for approval as to form by the City Solicitor;

(3) Copies of all proposed covenants, easements, and other restrictions which the Applicant proposes to grant to the City, the Conservation Commission, utility companies, any condominium organization and the owners thereof, including plans of land to which they are to apply, for approval as to form by the City Solicitor;

(4) Any and all other information that the Zoning Board may reasonably require in a form acceptable to it to assist in determining whether the Applicant's proposed development plan meets the objectives of this Section;

(5) New Bedford Historic Commission approval, if applicable.

(Ord. of 5-10-12, § 1)

4670A. Action by the Zoning Board of Appeals. The Board may grant a Special Permit where it makes the following findings:

4671A. The Proposed Project complies with the requirements of this Section;

4672A. The Proposed Project does not cause substantial detriment to the neighborhood after considering the following potential consequences

4672A(i). Noise, during the construction and operational phases;

4672A(ii). Pedestrian and vehicular traffic;

4672A(iii). Environmental harm;

4672A(iv). Visual impact caused by the character and scale of the proposed structure(s);

4672A(v). Where relief to parking requirement has been sought, applicant has demonstrated that reasonable efforts have been made to comply with parking requirements;

4672A(vi). For conversions of existing structures, the Zoning Board of Appeals must find that the Proposed Project protects the City's heritage by minimizing removal or disruption of historic, traditional or significant uses, structures or architectural elements, whether these exist on the site or on adjacent properties. If the building is a municipally owned building, the proposed uses and structures are consistent with any condition imposed by the Planning Board on the sale, lease, or transfer of the site.

(Ord. of 5-10-12, § 1)

4710A. Purpose. The MacArthur Drive District ("MDD") is established to promote and support economic revitalization by retaining waterfront uses and attracting limited compatible and complimentary uses to promote the link between New Bedford's Downtown and its waterfront; consistent with the New Bedford MacArthur Drive Redevelopment Plan (2022).

4720A. Design Principles. The following principles are consistent with the purpose of the MDD and focus on four aspects of design, each of which shall be reflected to the maximum extent possible in all new or redevelopment projects:

A.

Treatment of buildings. New buildings should be oriented to face the street, serving to define space for public and private activities. Existing buildings should be reconstructed or reconfigured according to the same principles, to the greatest extent possible.

B.

Treatment of the site and landscape. Sites should be landscaped to provide a buffer between incompatible uses and to define spaces for public and private activities. Landscaping should be consistent with Site Plan Review requirements.

C.

Public and private infrastructure. Cognizant of truck movements, streetscapes should incorporate pedestrian and bicycle amenities throughout the MDD, including shared use paths, encourage on-street parking, and designate ride share zones and areas for ride hailing. Green infrastructure and Low Impact Development (LID) should be considered for every project. Overhead utility lines shall be relocated underground where possible or to the rear of buildings to improve the visual quality of the streetscape and to reduce conflicts between sidewalks, plantings, and utility poles.

4730A. Location and Boundaries. The location and boundaries of the MacArthur Drive District are shown on the map entitled "MacArthur Drive Zoning District", prepared by L. Ryan for the Department of City Planning, dated March 2022, adopted, and incorporated herein; and as may be subsequently amended by vote of the City Council. This map is on file with the City Clerk.

4740A. Relationship to Existing Zoning. The MDD supersedes all other zoning district regulations for this area, except the Flood Hazard Overlay District (FHOD). In the case of a conflict between the MDD and the FHOD regulations, the FHOD regulations shall apply. In the case of a conflict between the MDD and the underlying zoning district regulations, the MDD regulations shall apply.

4750A. Definitions Applicable to Section 4700A. The definitions contained in Section 1200 of the Zoning Ordinance shall apply to the MacArthur Drive District. The following additional definitions shall apply to this Section 4700A where applicable. In the event of a conflict between the definitions contained in Section 1200 and those below, the definitions below shall control within the MacArthur Drive District.

Aquaponics: The cultivation of fish and plants together in a constructed, re-circulating system utilizing natural bacterial cycles to convert fish wastes to plant nutrients, for distribution to retailers, restaurants, and consumers.

Banking and Financial Services: A financial institution regulated by the Commissioner of Banking for the Commonwealth of Massachusetts. Uses related to the exchange, lending, borrowing, and safe-keeping of money.

Commercial Structured Parking Facility: Motor vehicle parking facility operated by the City or private entity that is structured and available to the public at-large for an hourly, daily, or monthly fee. The structure may be at grade, below grade or above grade.

Flat floor event space: A space flexible enough to host events, meetings, and/or conferences, which can be internally reconfigured as needed to accommodate these activities.

Freight Terminal: A facility where the processing, loading, or unloading of freight cargo occurs.

Marine Recreation Facility: Coastal facilities and infrastructure supporting waterfront recreational activities such as marinas or boathouses for pleasure boating, charter fishing, cruises and whale watches, coastal and marine-based tourism. Food and entertainment uses may provide incidental food or beverage service for on-site consumption.

Maritime Education: Use of land or structure for tertiary or experiential educational purposes related to maritime trade, including marine engineering, marine-related research and development, water-dependent industrial, and other maritime employment categories.

Maritime Trade: Water dependent uses including transportation (ship, rail, truck and towboat/barge) companies, freight forwarders and customs brokers; stevedoring companies; labor unions; chandlers; warehouses; ship building and repair firms; importers/exporters; pilot associations, etc.

Shipyard, boat yard, shipbuilding, boatbuilding: A yard, place, or enclosure where ships and/or boats are designed, built, and/or repaired.

Warehouse, Wholesale Trade and Distribution: Uses engaged in the wholesale sales, bulk storage and distribution of goods including, but not limited to, furniture and home furnishings; professional and commercial equipment; electrical goods; hardware, plumbing, and heating equipment; paper and paper products; sundries; apparel; food and beverages; healthcare equipment and supplies; and their substantial equivalents to retailers, commercial services, and/or industrial businesses.

4760A. Table of Principal Use Regulations Applicable to Section 4700A. Parcels situated in the MDD are subject to their own table of permitted uses as contained in this section. This table shall supersede Appendix A, Table of Principle Use Regulations, for MDD district uses.

Any use not identified or specifically enumerated in the table below is prohibited. Where relevant, the use of the phrase "use" shall also include the phrase "structure" such that permitted uses shall be deemed to include a structure(s) required to support the permitted use.

Symbols employed below shall mean the following:

Y—A permitted use.

N—An excluded or prohibited use.

PB—A use authorized under special permit from the Planning Board as provided under Section 4700A & Section 5300.

4770A. Designated Port Area Additional Restrictions. The Port of New Bedford has areas restricted by the Designated Port Area (DPA) and General Laws, Chapter 91 (the Waterways Act). Uses and structures located in the DPA are subject to additional regulations and requirements as promulgated by the Massachusetts Coastal Zone Management Office as it relates to the DPA of New Bedford Harbor. If these regulations and requirements conflict with an otherwise permitted use or structure within the MacArthur Drive District as listed above, the regulations and requirements of the DPA shall apply.

4780A. Table of Dimensional Regulations Applicable to Section 4700A.

¹ See Section 4793A. Development Incentives.

² So as to preserve the existing location of a historic building listed or eligible to be listed on the State or National Historic Registers, the Planning Board may waive the front yard setback. Additionally, the Planning Board may waive the front yard setback to allow a publicly accessible plaza between the lot line and the principal facade of the building. Parking is not allowed within the front yard setback.

4790A. Approval of Site Plans and Special Permits; Development Incentives, Development Standards and Guidelines. The requirements of Section 5300 and 5400 of the Zoning Ordinance shall govern unless specifically noted below. Consistency with the purpose and intent of Section 4700A, other relevant provisions of the Zoning Ordinance and the New Bedford MacArthur Drive Redevelopment Plan 2022 shall guide Planning Board decisions in all applications for site plan, Special Permits and development incentives as set forth below.

4791A. Criteria for Site Plan Approval Where a Special Permit Is Not Required. This section supersedes Section 5470 for purposes of this Section only; all other provisions of Section 5400 shall otherwise apply. The Planning Board shall grant site plan approval upon the determination that the requirements set forth in subsections A-D, below are met. Notwithstanding compliance with subsections A-D, the Planning Board may impose any rationally related condition on a Site Plan approval that is intended to protect public health or safety, or otherwise further the purpose and intent of the Zoning Ordinance.

(A)

The application is complete with respect to Sections 5440 and 5450 of the Zoning Ordinance.

(B)

The application is consistent with the intent of Section 4700A and the New Bedford MacArthur Drive Area Redevelopment Plan 2022.

(C)

The application meets the relevant development standards in Section 4794A, below.

(D)

The Planning Board may take into consideration the consistency of the application with the design guidelines, defined in Section 4790A.

4792A. Criteria for Approval of a Special Permit. When required, a Special Permit may be granted by the Planning Board, unless otherwise specified herein, only upon its written determination that the benefit to the City, the District, and the neighborhood, outweighs the adverse effects of the proposed use or structure, taking into consideration the characteristics of the site and the proposal in relation to the site, as well as Section 5320 of the Zoning Ordinance and the criteria listed below:

(A)

The consistency of the application and the site plan with the intent of Section 4700A and the New Bedford MacArthur Drive Redevelopment Plan 2022.

(B)

The application meets the relevant development standards in Section 4794A, below.

(C)

The Planning Board may take into consideration the consistency with the design guidelines, defined in Section 4795A.

(D)

Traffic and circulatory impact on the roads and neighborhoods adjacent to the Overlay District.

(E)

Where relevant, compliance with the requirements of M.G.L.A. c. 91 et seq. and the provisions of the state-approved municipal harbor plan for the New Bedford-Fairhaven Harbor.

Any Special Permit issued pursuant to this section shall incorporate the Planning Board's findings, conditions, and approval of the site plan. Notwithstanding compliance with subsections (A)—(E), above, the Planning Board may impose any rationally related conditions of special permit approval that is intended to protect public health or safety, or otherwise further the purpose and intent of this Section 4700A et seq. or the Zoning Ordinance in general.

4793A. Development Incentives Applicable to Section 4700A. In the sole reasonable discretion of the Planning Board, the Board may allow building heights to be increased to a maximum of seventy-five (75) feet and/or five (5) stories, and/or the requirements applicable to maximum lot coverage and minimum green space to be waived, in whole or in part. Said dimensional regulations shall be reviewed on a case-by-case basis to ensure consistency with the goals of New Bedford MacArthur Drive Redevelopment Plan 2022. The board must find that:

(A)

The proposal provides a substantial enhancement to public realm spaces/amenities and/or environmental benefits; through any of the following: treatment of buildings; site design; green infrastructure; the provision of public access to waterfront (where appropriate and not in conflict with M.G.L.A. c. 91 et seq.), and/or public infrastructure improvements as described in the New Bedford MacArthur Drive Redevelopment Plan.

(B)

The site plan or special permit is in accordance with the requirements of the Zoning Ordinance.

4794A. Development Standards Applicable to Section 4700A. In addition to all other applicable requirements set forth herein or contained within the Zoning Ordinance, all projects or uses within the MDD shall comply with the following:

4794A.01. Rehabilitation of Existing Buildings. For conversions of existing structures, the Planning Board must find that the proposal protects the City's heritage by minimizing removal or disruption of historic, traditional, or significant uses, structures, or architectural elements, whether these exist on the site or adjacent properties.

4794A.02. Development Standards for New Construction. The following standards apply to all subareas, unless noted below.

(A)

Treatment of Buildings.

1.

Buildings shall be oriented toward public spaces with entrances and windows facing the street. Blank walls parallel to the street are discouraged.

2.

Building facades over sevnty five (75) feet in length are required to have a change in plane articulated by projecting or recessed bays, balconies, or setbacks.

3.

Buildings entrances should be located to facilitate pedestrian movement between private and public spaces and to promote strong physical connections to public spaces.

4.

New mixed-use developments shall promote active ground floor uses with the potential to animate the street.

5.

Awnings, facade treatments and window displays for ground floor uses, which are compatible with surrounding uses, are encouraged for mixed use developments.

6.

Construction materials shall be durable, resilient, and traditional to the district area (e.g., brick, stone, steel, wood, shingles or clapboard finishes). Vinyl siding or Exterior Insulation and Finish Systems ("EIFS") shall not be permitted.

7.

Building signs shall complement the architecture and surrounding character of the district. All signs are subject to Planning Department administrative review and Section 3200 of the Zoning Ordinance.

(B)

Treatment of the Site and Landscape

1.

Projects shall implement low-impact stormwater management techniques to control runoff and manage stormwater on-site, such as the use of structured soils, engineered tree wells, biofiltration swales, or other best management practices suited to an urban environment. Stormwater management practices should be consistent with Chapter 16, Article VIII, Stormwater Management of the New Bedford Code of Ordinances; any alteration of land will require a stormwater management permit unless such alteration meets the exemptions in the ordinance. Stormwater shall not be permitted to drain into the City's sewer system, onto other properties, into surface waters or into New Bedford Harbor.

2.

Parking areas contiguous with a public sidewalk shall provide a landscaped buffer between the parking area and the public sidewalk with a minimum width of five (5) feet.

3.

Healthy mature trees and vegetation shall be maintained and incorporated into the new site plan to the greatest extent possible.

4.

Invasive species included in the Massachusetts Prohibited Plant List are prohibited.

5.

Hardscape materials that connect to public infrastructure shall smoothly connect to ensure public safety and mobility and shall be consistent or compatible with the public infrastructure in terms of material type and durability (e.g., a concrete public sidewalk shall be matched with either a concrete private sidewalk or decorative pavers, private asphalt sidewalks should not overrun public sidewalks).

6.

Lighting shall be shielded or at a 75 to 90-degree cut-off. Lights shall not be operational during non-business hours, except for minimal lighting required for safety.

(C)

Public Access to the Waterfront

1.

Where applicable, public access to the waterfront shall be provided in accordance with the requirements of Massachusetts General Laws Chapter 91 and the New Bedford-Fairhaven Municipal Harbor Plan in effect at the time of application.

(D)

Public and Private Infrastructure

1.

Public amenities (including benches, lighting, bike racks, and trash receptacles) and landscape materials (planting choices, paving materials) shall be consistent in quality and appearance throughout the MDD and are subject to administrative review by the Planning Department and the Department of Public Infrastructure.

2.

Bicycle parking and storage facilities shall be incorporated into all new facilities. Bike racks shall be U frame or similar, as directed by the Planning Department and the Department of Public Infrastructure.

3.

Utility lines shall be located underground or to the rear of buildings to improve the visual quality of the streetscape and to eliminate conflicts between sidewalks, plantings, and utility poles.

4795A. Design Guidelines. Design guidelines to assist Applicants with the design of projects within the District are as noted below. Although these are not mandatory, consistency with the guidelines shows consideration of the City's desires for development that includes low-impact design strategies for landscape and on-site stormwater management; building design that is consistent with LEED criteria (or other similar rating system); and a mixed-use area that is cognizant of the needs of both truck movements and amenities for pedestrians and bicyclists.

(A)

Treatment of Building

1.

New urban-scaled buildings should match the setback of the existing streetscape and height differences between buildings should be gradual.

2.

Avoid boxy, uniform front facades that extend the entire block.

3.

Reduce the perception of height by breaking apart taller buildings utilizing wall plane offsets and other variations in building massing.

4.

Roof parapets or appropriate screening materials should be used to screen all roof mounted equipment from view of pedestrians.

5.

Use facade elements to define proportions of the massing and create distinct organization, such as street-level, upper-level, and roof.

6.

Entries and windows should be arranged to create a welcoming appearance for public entries and uses.

7.

Facades should be treated with similar care on all sides of the building visible from a public right-of-way.

8.

Use high quality, resilient materials that draw inspiration from local architecture. Materials should continue around to all sides of buildings and changes in material types are encouraged to reinforce the organization of facade elements.

9.

The use of reflective surfaces for roofs or green roofs is encouraged to reduce heat island effect.

10.

Historic buildings should be rehabilitated, and the historic elements preserved.

11.

When historic preservation is not feasible, new construction or the adaptive reuse of old buildings should incorporate facade and roof articulation, window and door patterns, and building materials that establish a compatible design character with neighboring buildings.

12.

Above-grade parking garages should be wrapped with active ground floor uses on primary streets.

13.

Above-grade parking garages and parking areas contiguous with a public sidewalk on a secondary street should be screened by a creative installation or vegetation or wrapped with active uses.

(B)

Treatment of the Site and Landscape

1.

Building street edges should be pedestrian-friendly and contribute to a comfortable, attractive public realm.

2.

Where possible, curb cuts should be minimized, and property owners are encouraged to share access from the public right-of-way to contiguous parking lots and service areas to adjacent buildings.

3.

Parking and loading access should be from service streets. Any curb cuts should be consolidated to minimize the impact of the continuous ground floor street edge.

4.

Parking lots and loading areas should be located behind or to the side of buildings and screened from public view.

5.

Clear signage should be provided to direct drivers to private parking.

6.

Plants should be native or adapted to coastal conditions.

7.

The use of permeable pavements, vegetated buffers, rain gardens, bioswales, and wetlands restoration to control runoff and manage stormwater on-site is encouraged.

8.

The visual impact of wide expanses of parking should be reduced with large, landscaped islands and planting strips.

9.

Utility boxes and trash receptacles should be located at the rear of the property and/or out of sight from any street and screened from public view.

(C)

Public and Private Infrastructure

1.

Owners and developers of buildings with active ground floor uses should work in concert with the City to ensure that a minimum clear width of six (6) feet for pedestrians is maintained on every sidewalk (not including the space assigned to light poles, hydrants or street trees). If the available sidewalk clear width is less than six (6) feet, new buildings may consider setting back the storefront or ground floor active uses from the front property line as much as needed to achieve the desirable minimum sidewalk clear width.

2.

Sidewalks should be continuous along all roadways as part of a "complete streets" design approach that allocates right of way access for bicycle lanes, sidewalks, and parked or ride share vehicles.

4796A. Severability. If any provision of this Section 4700A et seq. is found to be invalid by a court of competent jurisdiction, the remainder of Section 4700A shall not be affected but shall remain in full force. The invalidity of any provision of Section 4700A shall not affect the validity of the remainder of the City's Zoning Ordinance.

(Ord. of 3-29-23, § 2)

4810A. General. No building or buildings shall be used as a pawnbroker establishment within a Business, Mixed Use, Business Planned, Industrial "A," Industrial "B," Industrial "C," or Waterfront Industrial District, unless a special permit for such use is granted by the Zoning Board of Appeals in accordance with the following provisions. No special permit for a pawnbroker establishment shall be granted for a building or buildings located within any residential district.

(Ord. of 6-18-13, § 1)

4820A. Zoning Board Authority. The Zoning Board of Appeals shall have the authority to issue special permits in accordance with Sections 4800A through 4840A and shall have the authority to impose any reasonable conditions for maintaining and ensuring the health, safety and welfare of the general public.

4820A.1. The Zoning Board of Appeals shall provide written notice to the City's Department of Inspectional Services and Police Department within five (5) days after granting a special permit which shall include name of owner, address, conditions imposed and any other information the Board of Appeals deems necessary.

4820A.2. The Zoning Board of Appeals shall hold a duly advertised public hearing prior to granting a special permit.

(Ord. of 6-18-13, § 1)

4830A. Separation Distances. Pawnbroker establishments or uses may be permitted only when located outside an area circumscribed by a circle which has a radius of 500 feet from any property being used as a school, child care facility or Church or when located outside an area circumscribed by a circle which has a radius of 1 mile from any property used as a pawnbroker establishment. No permit previously granted shall be revoked or subject to new conditions due solely to the location of any school, child care facility or Church within the circumscribed area subsequent to the special permit being granted.

(Ord. of 6-18-13, § 1)

4840A. Measurement of Radius. The radius distance shall be measured by following a straight line from the nearest point of the property parcel upon which the proposed pawnbroker establishment is to be located, to the nearest point of the parcel of property or the zoning district boundary line from which the proposed establishment is to be separated. In the case of the distance between pawnbrokers establishments such distances shall be measured between the closest points of the buildings in which such uses are located.

(Ord. of 6-18-13, § 1)

4850A. Reserved.

4910A. General. Any property located in any residential zoned district may be used for a family day care facility as defined in Section 1200 of Chapter 9 provided that the owner, lessee or occupant of a building first obtains a certificate of approval from the Commissioner of Buildings.

(Ord. of 1-20-15, § 1)

4920A. Application for and issuance of certificate of approval. Upon application, the Commissioner of Buildings shall issue a certificate of approval to the owner, lessee, or occupant of a building, structure or other support, for activities related to the operation of a family day care, provided that the applicant has met the conditions, limitations and requirements of Section 4900A through 4930A.

First time applicants shall follow the procedure as follows:-

a)

Every first time applicant for a certificate of approval shall complete an application as designed and authorized by the Commissioner.

b)

First time applicant shall pay a fee of fifty dollars ($50.00).

c)

Every first time applicant for a certificate of approval shall agree to provide access to the Commissioner or his designee to perform an inspection of the premises prior to the granting of the permit and to periodic inspections as required by the provisions of Sections 4900A through 4930A.

d)

The Commissioner shall inspect property within thirty (30) days of the first time application being filed unless the Commissioner has made reasonable attempt to inspect without success.

e)

The Commissioner shall not grant any such Certificate of Approval until such inspection has occurred and in the discretion of the Commissioner the premises complies with all aspects of the State Building Code for use and occupancy as a residential property and family day care facility.

f)

The Commissioner shall provide applicant with a written description of any defects that must be cured in order to comply with the provisions of the State Building Code.

g)

The applicant shall have ninety (90) days to cure any defects and notify the Commissioner that such defects have been cured. If the defects are not cured within the ninety (90) days the application shall be void and the applicant may reapply.

h)

The Commissioner may grant an extension of the ninety (90) days upon reasonable excuse as determined at the sole discretion of the Commissioner. The Commissioner may extend to a number of days deemed reasonable and appropriate by the Commissioner. Under no circumstances shall extensions be given beyond an additional ninety (90) days.

i)

Upon notice that the defects have been cured, the Commissioner shall have thirty (30) days to re-inspect the premises. Should defects remain upon re-inspection, the application shall be void and the applicant may reapply.

(Ord. of 1-20-15, § 1)

4930A. Procedure to renew of Certificate of Approval.

a)

For any Certificate of Approval previously issued pursuant to the provisions of this Section, the Commissioner, annually, shall schedule an inspection of the premises and provide reasonable notice to the holder of the certificate of the date and time of inspection.

b)

The Commissioner shall renew Certificate of Approval provided that an inspection has occurred and in the discretion of the Commissioner the premises complies with all aspects of the State Building Code for use and occupancy as a residential property and family day care facility.

c)

The Commissioner shall charge a fee for renewal of certificate of $50.00.

d)

The Commissioner shall provide certificate holder with a written description of any defects discovered during the annual inspection that must be cured in order to comply with the provisions of the State Building Code.

e)

The applicant shall have thirty (30) days to cure any defects not considered to be of an emergency nature in the discretion of the Commissioner. The Commissioner shall use his discretion in the handling of defects considered an emergency in nature. The certificate holder shall notify the Commissioner when defects have been cured and the Commissioner shall re-inspect the premises.

f)

If the defects are not cured within the time provided, the Commissioner may require that the certificate holder cease operation of the premises as a family day care facility.

(Ord. of 1-20-15, § 1)