The purpose of the Kings Highway TOD Overlay District is to:

4210B(i). Encourage new mixed-use development that is inclusive to all and builds on the area's existing vitality and community connections.

4210B(ii). Create jobs and bring economic development opportunities to New Bedford, including compatible industrial and commercial uses.

4210B(iii). Encourage accessible development that promotes and prioritizes transit use, particularly to the MBTA Commuter Rail station.

4210B(iv). Increase the supply of housing close to transit and at a range of price points.

4210B(v). Create new walkable and bikeable connections that foster livable and vibrant streetscapes and encourage transit use.

4210B(vi). Create human-scaled neighborhoods with welcoming public spaces and green open spaces.

4210B(vii). Center climate resilience at all design scales, reducing carbon impact and mitigating the effects of sea level rise, heat islands, and stormwater runoff.

4210B(viii). Comply with the requirements of Chapter 40A, Section 3A.

The boundary of the KH-TOD is shown on the following map, as may be subsequently amended by vote of the City Council. The map is on file with the City Clerk.

King's Highway Transit Oriented Development (KHTOD) Zoning Map, September 27, 2024.

4221B. Establishment and Boundaries of Districts. The following district is established to encourage appropriate scales of development and are located within the following boundaries:

•

The KH-TOD is bound beginning at the northeastern corner of the intersection of Quansett Street and Deane Street and continuing northerly along the western sideline of Quansett Street to the intersection of Quansett Street and Coffin Avenue; then easterly along northern sideline of Coffin Avenue to the intersection of Coffin Avenue and Oneko Lane; then northerly along western sideline of Oneko Lane to the eastern property line of Lot 98-261; then northerly along the eastern most property lines of Lot 98-261 and Lot 98-263 to Collette Street; then westerly along the southern sideline of Collette Street to the intersection of Collette Street and Church Street; then northerly along western sideline of Church Street to the northern property line of Lot 127A-30; then westerly along the northern most property lines of Lot 127A-30, Lot 127A-2, Lot 127A-1; Lot 127A-268 to the eastern property line of Lot 125-13; then northerly along the eastern property line of Lot 125-13 to its northern property line; then westerly along the northern most property lines of Lot 125-13, Lot 125-145, and Lot 125-108 to Lambeth Street; then southerly along eastern sideline of Lambeth Street to the intersection of Lambeth Street and Tarkiln Hill Road; the westerly along southern sideline of Tarkiln Hill Road to the northwestern property line of Lot 125-106; then southwesterly along the northwestern property line of Lot 125-106 to its western property line; then southerly along the western property line of Lot 125-106 to its southwestern property line; then southeasterly along the southwestern property line of Lot 125-106 to Kings Highway; then southwesterly along the northern sideline of Kings Highway to Mount Pleasant Street; then southerly along the eastern sideline of Mount Pleasant Street to the intersection of Mount Pleasant Street and Nash Road; then easterly along the northern sideline of Nash Road to the eastern property line of Lot 123-67; then northerly along the eastern property line of Lot 123-67 to the point that turns easterly; then easterly along the southern property line of Lots 123-67, 123-40, and 123-116 to the western property line of Lot 123-40; then southerly along the western property line of Lot 123-40 to Nash Road; then westerly along the southern sideline of Nash Road to Stanley Street; then southerly along the eastern sideline of Stanley Street to the northern property line of Lot 102-82 then following the northern property line of Lot 102-82 and Lot 97-4 southeasterly to the southern corner of Lot 97-4; then northerly along the western property line of Lot 97-5 to its northern property line; then easterly to the western property line of Lot 102-173; then southerly along the western property lines of Lot 102-173 and 98-1 to the northern sideline of Deane Street; then easterly along the northern sideline of Deane Street ending at the intersection of Quansett Street and Deane Street.

(Ord. of 11-26-24(3), § 1)

4231B. Overlay District. The KH-TOD is an overlay district superimposed on underlying zoning districts. The regulations for use, dimensions, and all other provisions of the Zoning Ordinance governing the respective underlying zoning district(s) shall remain in full force, except for uses allowed as of right or by special permit in the KH-TOD. Uses that are not assigned to the KH-TOD in Appendix A. Table of Use Regulations are governed by the requirements of the underlying zoning district(s).

4232B. Applicability. All development proposals within the KH-TOD are subject to the conditions and requirements of this Section 4200B. All as-of-right uses are subject to the requirements of Section 5400, Site Plan Review.

4233B. Applicability of Design Standards and Guidelines. The Planning Board may adopt and amend, by simple majority vote, Design Standards and Guidelines that shall apply to all rehabilitation, redevelopment, or new construction within the KH-TOD. Such Standards and Guidelines must be objective and not subjective and may contain graphics illustrating a particular standard or definition to make it clear and understandable.

4234B. Waivers. Except where expressly prohibited herein, the Planning Board may waive dimensional and other requirements of Section 4200B in the interests of design flexibility and the overall project quality, and upon a finding of the consistency of such variation with the overall purpose and objectives of the KH-TOD, or if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses, and or/physical character of allowable uses under this Section 4200B.

(Ord. of 11-26-24(3), § 1)

All permitted uses within the KH-TOD are shown in Appendix A. Table of Use Regulations under the column marked KH-TOD. Uses permitted within the KH-TOD by right are subject to the requirements of Section 5400 Site Plan Review.

(Ord. of 11-26-24(3), § 1)

All projects within the KH-TOD are subject to the dimensional standards as shown in Appendix B. Table of Dimensional Regulations and the parking standards, below.

4251B. Parking Standards. The requirements of Section 3100 Parking and Loading Standards shall apply to all projects within the KH-TOD unless modified by the requirements below.

4251B(i). Off-Street Parking. Retail Stores, Offices, and Consumer Service establishments located within one hundred (100) feet of a public off-street parking facility shall be exempt from off-street parking requirements. In all other cases, off-street parking shall be provided to meet the following minimum requirements:

4251B(ii). Off-Street Loading & Delivery: All loading shall take place on-site in a specified area designed for this purpose. Loading shall not block streets, access ways, driveways, parking, or pedestrian areas. Off-street loading facilities shall be provided, as described in Section 3100. Off-street loading facilities shall be screened from public use areas by either a fence, a landscaped buffer, or both.

4251B(iii). Location of Parking: Any surface parking lot shall, at the sole discretion of the Site Plan Review Authority, as defined in Section 5400, Site Plan Review, be located at the side or rear of a Building, relative to any public right-of-way, public open space, or pedestrian way. In no case shall surface parking for new construction be permitted within any applicable restricted Front Setback area, except for a small guest/customer parking area not to exceed ten (10) spaces in front of a non-residential building.

4251B(iv). Waiver of Parking and Loading Requirements: The Planning Board may grant relief from parking and loading standards, subject to reasonable conditions, if it determines strict compliance would be impractical and that such waiver will not result in or worsen parking or traffic problems in the KH-TOD.

4251B(v). Waivers for Front Setbacks for Open Space and Public Realm Amenities. The Planning Board may, in its discretion, permit a larger Front Setback than otherwise permitted, if in order to provide for additional common open space, public realm improvements and recreational areas.

4251B(vi). Cooperative Establishment and Operation of Parking Areas: Required spaces for any number of Uses may be provided in a combined Lot or Lots under common ownership, provided that the number of spaces in the combined facility shall not be less than the sum of those required of the individual Uses, with allowances made, upon formal designation, for night use or separate and distinct working shifts, and also provided that such Lot or Lots shall be within 150 feet of the Principal Buildings served.

4251B(vii). Parking Design: Parking shall be designed and constructed to comply with all applicable state and federal disability access requirements, including but not limited to the Americans with Disabilities Act (ADA) and 521 CMR and the relevant Design Standards of this Section 4200A.

(Ord. of 11-26-24(3), § 1)

All development projects within the KH-TOD shall incorporate the following design principles, which focus on four aspects of design. If an Applicant requests a waiver from the development standards and design guidelines established in this Section 4200B, the Planning Board shall evaluate that request for consistency with these principles:

4261B. Human Scale. New development shall prioritize pedestrian-scale building patterns and infrastructure. This principle can be expressed by creating connected street grids on large-scale industrial blocks, complying with Complete Streets requirements for new infrastructure and connections to existing infrastructure, and varying the building by height, breaks in the massing, and façade design.

4262B. Spaces for People. Public spaces shall be accessible to people with different physical abilities and affordable to all. Ground floor spaces, both interior and exterior, shall create active and welcoming streetscapes. Lighting and signage shall be oriented to the pedestrian viewpoint. The appearance of off-street parking and loading shall be minimized, with buffers, preferably landscaped, between the sidewalk and parking/loading spaces. Access to off-street parking and loading shall minimize the impact on sidewalks and crosswalks. Building façades shall emphasize the ground floor, with three-part storefront organization, welcoming lobbies, or other schemes to indicate ground-floor activity.

4263B. Climate Resiliency and Environmental Impact. Open space shall include, where appropriate, one or more of the following characteristics: meaningful links to existing adjacent open space to support the local ecology; landscaped elements that play an active role in sustainable stormwater management and climate-resilient strategies; and permeable surfaces for community gathering spaces. Buildings and sites shall focus on energy- and water-efficient construction, landscape, and operations. The goal is that building and site treatments will enhance the local ecology, strengthen climate resiliency, and support the public health of the community.

4264B. Architectural Design. The design of buildings and associated components shall be sensitive to the existing built context. Adaptive reuse of existing buildings shall preserve key historic architectural components where feasible. Infill development shall respond to the existing historic architectural composition without being derivative. For example, a new building might pick up the strong horizontal lines of the façades of the adjacent buildings without matching those buildings in style or other characteristics. New development should be sensitive to the heights and front setbacks of the adjacent buildings.

The following design standards apply to all projects in the KH-TOD. The Site Plan Review Authority shall determine whether projects meet the design standards through the site plan review process, as outlined in Section 5400, Site Plan Review.

In addition to the standards outlined below, the Planning Board will evaluate the consistency of this project with the New Bedford TOD Design Standards and Guidelines, as adopted and amended by the Planning Board and as authorized in Section 4233B.

4271B. Human Scale.

4271B(i). Mid-block connections. For blocks longer than 300 feet, a through-block connection is required. Building street frontages that are longer than 300 feet in total are strongly discouraged and must include a public through-block connection.

4271B(ii). Sidewalk Setbacks. Buildings shall be set back to provide adequate, accessible sidewalks, including a curb, street furniture/street tree zone, and a minimum 6-foot clear pedestrian zone. Secondary streets and side streets shall also provide a minimum 6-foot wide, clear pedestrian sidewalk. Projects shall follow all New Bedford Department of Public Infrastructure standards for sidewalks and streets.

4271B(iii). Height step-downs. Buildings shall follow the maximum height requirements as outlined in Appendix B. Table of Dimensional Standards to create a gradual increase of height from existing residential areas to the proposed new development.

4272B. Spaces for People.

4272B(i). Active ground planes. A minimum of 75% of the building face fronting the street edge of the following primary corridors shall have active ground floor uses:

a.

Church Street Corridor

b.

Future Street Corridors in the KH-TOD.

Active uses include retail, restaurant, and cafés, personal services, other active commercial uses, publicly accessible office or residential lobbies, and active building amenity spaces (e.g., gym, residential common space). Where active commercial uses are not feasible, the following may be substituted: residential stoops; a setback of green, open space or public space with seating; public art, such as a mural or sculpture; or any other use that provides an engaging ground floor.

4272B(ii). Façade Location. A minimum of 60% of front façades at ground level shall be located at the minimum setback line to reinforce the street line.

4272B(iii). Threshold for Parking Garage. Surface parking, loading, and other non-public uses of the site (excluding private green open space) should not exceed 15% of the lot or ten (10) parking spots, whichever is greater.

4272B(iv). Connections. Sidewalks shall provide a direct connection among building entrances, the public sidewalk (if applicable), bicycle storage, and parking.

4272B(v). Vehicular access. Where feasible, curb cuts shall be minimized, and shared driveways encouraged.

4272B(vi). Screening for Parking. Surface parking adjacent to a public sidewalk shall be screened by a landscaped buffer of sufficient width to allow the healthy establishment of trees, shrubs, and perennials, but no less than [6 (six)] feet. The buffer may include a fence or wall of no more than three feet in height unless there is a significant grade change between the parking and the sidewalk.

4272B(vii). Parking Materials. The parking surface may be as provided for in Section 3147.

4272B(viii). Mechanicals. Mechanical equipment at ground level shall be screened by a combination of fencing and plantings. Rooftop mechanical equipment shall be screened if visible from a public right-of-way.

4272B(ix). Dumpsters. Dumpsters shall be screened by a combination of fencing and plantings. Where possible, dumpsters or other trash and recycling collection points shall be located within the building.

4273B. Climate Resiliency and Environmental Impact.

4273B(i). Stormwater management. Strategies that demonstrate compliance of the construction activities and the proposed project with the most current versions of the Massachusetts Department of Environmental Protection Stormwater Management Standards, the Massachusetts Stormwater Handbook, Massachusetts Erosion Sediment and Control Guidelines, and, if applicable, additional requirements under the New Bedford stormwater management regulations and MS4 Permit for projects that disturb more than one acre and discharge to the City's municipal stormwater system, and an Operations and Management Plan for both the construction activities and ongoing post-construction maintenance and reporting requirements.

4273B(ii). Large-building Setbacks. Commercial and Industrial buildings with floor plates greater than 50,000 square feet should be set back from the front lot line by a minimum of 50 feet with ecologically-functioning, green space or programmed, usable open space.

4273B(iii). Lighting. Light levels shall meet or exceed the minimum design guidelines defined by the Illuminating Engineering Society of North America (IESNA) and shall provide the illumination necessary for safety and convenience while preventing glare and overspill onto adjoining properties and reducing the amount of skyglow.

4273B(iv). Plantings. Plantings shall include species that are native or adapted to the region. Plants on the Massachusetts Prohibited Plant List, as may be amended, shall be prohibited.

4274B. Architectural Design.

4274B(i). Articulation of the Façade. Building façades over 75 feet in length are required to have a change in plane articulated by projecting or recessed bays, balconies, or setbacks. Building façades over 150 feet in length should have more substantial changes in the plane and massing.

4274B(ii). Adaptive Reuse of Historic Properties. The reconstruction or rehabilitation of Historic Properties included in, or eligible for, the National Register of Historic Places shall follow the Secretary of the Interior's Standards and Guidelines for Rehabilitation, and the design guidelines of the City's Bedford Landing 40C district shall apply.

4274B(iii). Signage. All signage within the KH-TOD shall follow the requirements of Section 3200, Sign Regulations.

(Ord. of 11-26-24(3), § 1)