5110. Permits. This ordinance shall be administered by the Inspector of Buildings. Pursuant to the State Building Code, the Inspector of Buildings may require such plans and specifications as may be necessary to determine compliance with all pertinent laws of the Commonwealth and may request advisory reviews by other municipal boards and officials. Buildings, structures or signs may not be erected, substantially altered, moved, or changed in use and land may not be substantially altered or changed with regard to size or shape or principal use except in compliance with then-applicable zoning, and after all necessary permits have been received under federal, state, or local law. Issuance of a Building Permit or Certificate of Use and Occupancy, where required under the Commonwealth's State Building Code, may serve as such certification.

(Ord. of 12-23-03, § 1)

5120. Enforcement. The Inspector of Buildings shall institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of this Ordinance and of permits, special permits, variances, and site plan approval issued thereunder. Violations proceeded against under M.G.L.A. c. 40U are subject to the procedures of Section 17-28.

(Ord. of 12-23-03, § 1; Ord. of 5-27-15, § 1)

5130. Penalties. The penalty for violation of any provision of this Ordinance, of any of the conditions under which a permit is issued, or of any decision rendered by the Board of Appeals, any special permit granting authority, or the Planning Board acting as site plan approval board shall be three hundred dollars ($300.00) for each offense. Each day that each violation continues shall constitute a separate offense.

(Ord. of 12-23-03, § 1)

State Law reference— Enforcement of zoning regulations and penalties for violations, M.G.L.A. c. 40A, § 7.

5210. Establishment. The Zoning Board of Appeals (sometimes referred to as the Board of Appeals herein) shall consist of five (5) persons who shall be appointed by the mayor and confirmed by the City Council. One member shall be appointed annually in the month of January to serve for a term of five (5) years or until a successor is duly appointed, confirmed and qualified. Vacancies shall be filled in the manner as provided for original appointments. All members of the Board shall be residents of the City. Each member shall be paid at the rate of twenty dollars ($20.00) per meeting attended, but in no event shall any member receive in excess of five hundred dollars ($500.00) in any fiscal year.

5211. In case of a vacancy, inability to act, or interest on the part of a member of the Board of Appeals, such member's place shall be taken by an associate member designated by the presiding member of the Board. There shall be five (5) associate members of the Board of Appeals, who shall be appointed by the mayor and confirmed by the City Council. Annually in the month of January, one member shall be appointed for a term of five (5) years. Vacancies shall be filled in the manner as provided for original appointments. All associate members of the Board of Appeals shall be residents of the City. Each associate member shall be paid at the rate of twenty dollars ($20.00) per meeting attended, as a member replacing an absent member, and only when acting in that capacity according to the first sentence of this subsection; but in no event shall any associate member receive in excess of five hundred dollars ($500.00) in any fiscal year.

(Ord. of 12-23-03, § 1)

5220. Powers. The Board of Appeals shall have and exercise all the powers granted to it by M.G.L.A. c. 40A, c. 40B, and c. 41 and by this Ordinance. The Board's powers are as follows:

5221. To hear and decide applications for special permits. Where specified herein, the Board of Appeals shall serve as the special permit granting authority, to act in all matters in accordance with the provisions of Section 5300, or as otherwise specified.

5222. To hear and decide appeals or petitions for variances from the terms of this Ordinance, with respect to particular land or structures, as set forth in M.G.L.A. c. 40A, § 10. The Board of Appeals may not grant use variances.

5223. To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of M.G.L.A. c. 40A, §§ 7, 8 and 15.

5224. To hear and decide comprehensive permits for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in M.G.L.A. c. 40B, §§ 20—23.

(Ord. of 12-23-03, § 1)

5230. Regulations. The Board of Appeals may adopt rules and regulations for the administration of its powers.

(Ord. of 12-23-03, § 1)

5240. Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits.

(Ord. of 12-23-03, § 1)

State Law reference— Zoning board of appeals, M.G.L.A. c. 40A, § 14 et seq.

5310. Special Permit Granting Authority. The Zoning Board of Appeals, the Planning Board or the City Council shall act as the Special Permit Granting Authority under this Chapter as specifically designated in a particular Section or in accordance with the Specific Designations in the Table of Principal Use Regulations under Appendix A of this Chapter.

(Ord. of 12-23-03, § 1; Ord. of 12-8-05, § 1)

5320. Criteria. Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the benefit to the City and the neighborhood outweigh the adverse effects of the proposed use, taking into account the characteristics of the site and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this Ordinance, the determination shall include consideration of each of the following:

5321. Social, economic, or community needs which are served by the proposal;

5322. Traffic flow and safety, including parking and loading;

5323. Adequacy of utilities and other public services;

5324. Neighborhood character and social structures;

5325. Impacts on the natural environment; and

5326. Potential fiscal impact, including impact on City services, tax base, and employment.

(Ord. of 12-23-03, § 1)

5330. Procedures. Applications for special permits shall be filed in accordance with the rules and regulations of the various special permit granting authorities, as may be applicable.

(Ord. of 12-23-03, § 1)

5340. Plans. An applicant for a special permit shall submit a plan in substantial conformance with the requirements of Section 5400, herein.

(Ord. of 12-23-03, § 1)

5350. Development Impact Statement (DIS). At the discretion of the special permit granting authority, the submittal of a development impact statement (DIS) may be required. The DIS shall be prepared by an interdisciplinary team including a Registered Landscape Architect or Architect, a Registered Professional or Civil Engineer, and a Registered Surveyor.

5351. Physical Environment.

(a)

Describe the general physical conditions of the site, including amounts and varieties of vegetation, general topography, unusual geologic, archeological, scenic and historical features or structures, location of significant viewpoints, stone walls, trees over sixteen (16) inches in diameter, trails and open space links, and indigenous wildlife.

(b)

Describe how the project will affect these conditions, providing a complete physical description of the project and its relationship to the immediate surrounding area.

5352. Surface Water and Subsurface Conditions.

(a)

Describe location, extent, and type of existing water and wetlands, including existing surface drainage characteristics, both within and adjacent to the site.

(b)

Describe any proposed alterations of shore lines, marshes, or seasonal wet areas.

(c)

Describe any limitations imposed on the project by the site's soil and water conditions.

(d)

Describe the impact upon ground and surface water quality and recharge, including estimated phosphate and nitrate loading on groundwater and surface water from septic tanks, lawn fertilizer, and other activities within the site.

5353. Circulation Systems.

Project the number of motor vehicles to enter depart the site per average day and peak hour. Also state the number of motor vehicles to use streets adjacent to the site per average day and peak hour. Such data shall be sufficient to enable the special permit granting authority to evaluate (i) existing traffic on streets adjacent to or approaching the site, (ii) traffic generated or resulting from the site, and (iii) the impact of such additional traffic on all ways within and providing access to the site. Actual study results, a description of the study methodology, and the name, address, and telephone number of the person responsible for implementing the study, shall be attached to the DIS.

5354. Support Systems.

(a)

Water Distribution: Discuss the types of wells or water system proposed for the site, means of providing water for firefighting, and any problems unique to the site.

(b)

Sewage Disposal: Discuss the type of on-site or sewer system to be used, suitability of soils, procedures and results of percolation tests, and evaluate impact of disposal methods on surface and groundwater.

(c)

Refuse Disposal: Discuss the location and type of facilities, the impact on existing City refuse disposal capacity, hazardous materials requiring special precautions.

(d)

Fire Protection: Discuss the type, location, and capacity of fuel storage facilities or other flammables, distance to fire station, and adequacy of existing firefighting equipment to confront potential fires on the proposed site.

(e)

Recreation: Discuss the distance to and type of public facilities to be used by residents of the proposed site, and the type of private recreation facilities to be provided on the site.

(f)

Schools: Project the increase to the student population for nursery, elementary, junior high school, and high school levels, also indicating present enrollment in the nearest public schools serving these categories of students.

5355. Phasing. Where development of the site will be phased over more than one year, indicate the following:

(a)

Describe the methods to be used during construction to control erosion and sedimentation through use of sediment basins, mulching, matting, temporary vegetation, or covering of soil stockpiles. Describe the approximate size and location of portion of the parcel to be cleared at any given time and length of time of exposure.

(b)

Describe the phased construction, if any, of any required public improvements, and how such improvements are to be integrated into site development.

(Ord. of 12-23-03, § 1)

5360. Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the special permit granting authority may deem necessary to serve the purposes of this Ordinance.

(Ord. of 12-23-03, § 1)

5370. Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within three (3) years following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in M.G.L.A. c. 40A, § 17, from the grant thereof) with the City Clerk.

(Ord. of 12-23-03, § 1; Ord. of 11-26-24(2), § 2)

5380. Regulations. The special permit granting authority may adopt rules and regulations for the administration of this Section.

(Ord. of 12-23-03, § 1)

5390. Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits.

(Ord. of 12-23-03, § 1)

State Law reference— Special permits, M.G.L.A. c. 40A, § 9.

5410. Purpose. The purpose of this Section is to provide for the individual detailed review of development proposals that have an impact on the natural or built environment of the City; to promote the health, safety, and general welfare of the community; to ensure adequate parking, safe and accessible pedestrian and vehicular circulation; and to minimize traffic impact on City streets.

(Ord. of 11-26-24(2), § 1)

5420. Applicability. New, altered or expanded uses meeting, in the aggregate, the thresholds indicated below shall require site plan review either under Administrative Review by the Director of Inspectional Services/Zoning Enforcement Officer and the Director of City Planning/City Planner or their designee(s), or by the Planning Board. Either of these two entities is the Site Plan Review Authority, as applicable.

(Ord. of 11-26-24(2), § 1)

5430. Pre-Application Conference. Applicants are invited to submit a pre-application plan of the proposed project to the Department of City Planning and are encouraged to schedule a pre-submission meeting with them.

(Ord. of 11-26-24(2), § 1)

5440. Regulations. The Planning Board may adopt and, from time to time, amend reasonable regulations for the administration of these Site Plan guidelines.

5441. Fee. The Planning Board may, from time to time, adopt reasonable administrative fees and technical review fees for site plan review.

5442. Submission Requirements. The content of the application and plans and the timeline for approval shall be as specified in the Site Plan Review Application package, as adopted and modified by the Planning Board.

(Ord. of 11-26-24(2), § 1)

5450. Procedures. Applicants for site plan approval by the Planning Board shall submit seven copies of the site plan to the City's Department of City Planning. Applicants for site plan approval under Administrative Review shall submit three copies to the City's Department of City Planning. Once the City Department of City Planning has deemed the applications to be complete, City Planning staff shall distribute the copies to the relevant Site Plan Review Authority and relevant City departments and commissions for their review. Incomplete applications may be rejected by City Planning staff and returned to the Applicant for resubmission. The respective Site Plan Review Authority shall review and act upon the site plan, with such conditions as may be deemed appropriate, and notify the applicant of its decision. The Inspector of Buildings shall issue no building permit for activities requiring site plan approval without the written approval of the site plan by the respective Site Plan Review Authority.

5451. Application for Building Permit. An application for a building permit to perform work as set forth in Section 5410 available as of right shall be accompanied by an approved site plan.

5452. Application for Special Permit or Variance. An application for a special permit or a variance to perform work as set forth in Section 5420 shall be accompanied by an approved site plan; in the alternative, any special permit or variance granted for work set forth in Section 5420 shall contain the following condition and cause the same to be written on such special permit or variance:

The work described herein requires the approval of a site plan by the New Bedford Planning Board pursuant to Section 5400 of the Zoning Ordinance. Any conditions imposed in such site plan approval shall also be conditions of this special permit/variance.

5453. Administrative Review Advisory Group. The Director of Inspectional Services/Zoning Enforcement Officer and City Planner may convene an Administrative Review Advisory Group (ARAG) consisting of relevant members of City departments and a liaison from one or more of the following: the Planning Board, Historical Commission, Conservation Commission, and other bodies as they deem relevant to the proposed use and plan. The ARAG shall provide advisory recommendations for appropriate conditions for site plan approval to the Director of Inspectional Services/Zoning Enforcement Officer. Such recommendations shall be based on the requirements of Section 5470 and the regulations in the Planning Board's Site Plan Approval Rules and Regulations, as adopted and amended.

5454. Where the Site Plan Review Authority approves a site plan "with conditions," and said approved site plan accompanies a special permit or variance application to the Board of Appeals, the conditions imposed by the Site Plan Review Authority shall be incorporated into the issuance, if any, of a special permit or variance by the Board of Appeals.

5455. Where the Planning Board serves as the special permit granting authority for proposed work, it shall consolidate its site plan review and special permit procedures.

5456. The applicant may request an extension of the time limits set forth in the Planning Board's Site Plan Rules and Regulations. The Site Plan Review Authority may grant such extension at its discretion. For the Planning Board, such discretion is by a majority vote of its members.

5457. No deviation from an approved site plan shall be permitted without modification thereof. The applicant shall present any proposed modification from the approved plans for consideration to the Director of City Planning for a determination as to whether the modified plan must return before the Site Plan Review Authority for further review.

5458. Site plan approval does not constitute a certification that the proposed plan conforms to applicable zoning regulations, wetland regulations, and any other City, state, or federal requirements that must be obtained prior to implementation of the elements of the site plan.

(Ord. of 11-26-24(2), § 1)

5460. Waivers. The Planning Board may waive any of the submittal or technical requirements of Sections 5430 and 5440 upon the applicant's written request where the project involves relatively simple development plans.

(Ord. of 11-26-24(2), § 1)

5470. Approval. Site Plan approval shall be granted upon a determination by the Site Plan Review Authority that the plan meets the following objectives. The Site Plan Review Authority may impose reasonable conditions at the expense of the applicant, including performance guarantees, to promote these objectives. Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and proper provision of utilities and stormwater drainage consistent with the functional requirements of Chapter 16, Article VIII of the City of New Bedford's Ordinances, the Department of Public Infrastructure's Stormwater Rules and Regulations, the Planning Board's Site Plan Approval Rules and Regulations and, if applicable, the Planning Board's Subdivision Rules and Regulations. New building construction or other site alteration shall be designed in the Site Plan after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points, and other aspects of the development to:

5471. Meet the following minimum design requirements:

i.

Minimize the volume of cut and fill, the number of removed trees six-inch caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and the threat of air and water pollution;

ii.

Maximize pedestrian and vehicular safety to and from the site;

iii.

Minimize obstruction of scenic views from publicly accessible locations;

iv.

Minimize visual intrusion by controlling the layout and visibility of parking, storage, or other outdoor service areas viewed from public ways or premises that are residentially used or zoned;

v.

Minimize glare from vehicle headlights and lighting fixtures;

vi.

Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity as viewed from public ways and places.

vii.

Minimize contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling, or containment of solid and liquid wastes and hazardous substances;

viii.

Comply with the provisions of this Zoning Ordinance.

ix.

Minimize damage to existing adjacent public ways.

x.

Promote orderly and reasonable internal circulation within the site to protect public safety and not unreasonably interfere with access to a public way or circulation of traffic on a public way in general.

xi.

Provide a building and landscape design that is considerate of the existing architectural context of the adjacent properties, other buildings visible from the site, and the surrounding neighborhood. Where feasible, the design of new or renovated buildings and extensions to existing buildings should complement the architectural qualities of the historic architectural characteristics of other buildings in the neighborhood.

5472. Meet the following requirements for completion of the project:

i.

The project shall be completed according to the plans, notes, reports, and specifications submitted for consideration and final approval by the Planning Board.

ii.

The project shall be undertaken in a manner consistent with any departmental memos received in relation to the plan and placed on file for consideration. The conditions of such memos shall be part of the conditions specified by the Site Plan Review Authority.

iii.

The applicant shall submit final plan revisions to the Department of City Planning in the following formats: one (1) -11" x 17" Plan Set and one (1) CD or USB with Plan Set in PDF format. The applicant shall also ensure that these same plans are properly submitted to the Department of Inspectional Services.

iv.

The applicant shall ensure that a copy of the Notice of Decision, bearing the certification of the New Bedford City Clerk signifying no appeal has been made against the project's approval, be provided for the Department of City Planning case file folder.

v.

That the applicant shall ensure a copy of the Notice of Decision bearing the certification of the New Bedford City Clerk, signifying no appeal has been made against the project's approval, be provided for the Department of City Planning case file folder.

vi.

The rights authorized by the granted approval must be exercised by issuance of a Building Permit by the Department of Inspectional Services and acted upon within three years from the date the decision was granted, or they will lapse.

vii.

The developer and site contractor must schedule a pre-construction meeting with the Department of Public Infrastructure prior to the start of construction.

viii.

The rights authorized by the granted approval are subject to the provisions of the City's Code of Ordinances Chapter 9 Section 5480.

(Ord. of 11-26-24(2), § 1)

5480. Lapse. Site plan approval shall lapse after three (3) years from the final approval if a substantial use in accordance with such approved plans has not commenced except for good cause. The Planning Board may extend such approval in writing for good cause upon the written request of the applicant within this three-year period.

(Ord. of 11-26-24(2), § 1)

5490. Appeal. Any person aggrieved by a decision of the Planning Board rendered pursuant to Section 5400 may appeal such decision to the Zoning Board of Appeals as provided in M.G.L.A. c. 40A, § 8.

5491. Administrative Review: Appeal. Applicants who wish to appeal the decision from the Administrative Review process may request that the Planning Board conduct the Site Plan Review process under this Section 5400 Site Plan Review of the City's Zoning Ordinance.

(Ord. of 11-26-24(2), § 1)

This Ordinance may from time to time be changed by amendment, addition, or repeal by the City Council in the manner provided in M.G.L.A. c. 40A, § 5, and any amendments thereto.

5510. Amendment advertising. Any advertisement for a hearing, the purpose of which is to serve as notice of a zoning amendment proposal under M.G.L.A. c. 40A, § 5, that proposes to change twenty-five (25) parcels or fewer from one principal use district to another principal use district under Section 2100, shall include the plot and lot number and the street address of the parcel or parcels whenever said plot and lot number and address is reasonably ascertainable.

(Ord. of 12-23-03, § 1; Ord. of 4-19-06, § 1)

5610. Other Laws. Where the application of this Ordinance imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants, or agreements, the provisions of this Ordinance shall control.

(Ord. of 12-23-03, § 1)

5620. Conformance. Construction or operations under a Building or Special Permit shall conform to any subsequent amendment of this Ordinance unless the use or construction is commenced within a period of six (6) months after the issuance of the permit, and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

(Ord. of 12-23-03, § 1)

5710. Moratorium on used car sales permits. To provide the licensing board with the opportunity to review criteria for granting licenses for used car sales, there is hereby imposed a moratorium on Class II used car sales permits, other than renewals, for a period of one year. During the term of this moratorium (unless earlier terminated by ordinance) the City will not accept any permit applications for Class II used car sales. The moratorium imposed by this Section shall be in effect for one year commencing on the date of passage.

5720. Temporary Moratorium on Recreational Marijuana Establishments.

5721. Purpose. On November 8, 2016 the voters of the Commonwealth approved a law regulating the cultivation, processing, distribution, possession and use of marijuana for recreational purposes (new M.G.L.A. c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed). The law, which allows certain personal use and possession of marijuana, took effect on December 15, 2016 and was amended on December 30, 2016 by Chapter 351 of the Acts of 2016 and thereafter, on July 28, 2017 by Chapter 55 of the Acts of 2017. The law requires the Cannabis Control Commission ("CCC") to issue regulations regarding the licensing of commercial activities by March 15, 2018 and to begin accepting applications for licenses no later than April 1, 2018. Currently, the zoning ordinances do not specifically address marijuana establishments as that term is defined in M.G.L.A. c. 94G, §1. The final CCC regulations may provide guidance on certain aspects of local regulation of marijuana establishments. The regulation of non-medical marijuana raises novel legal, planning, and public safety issues, and the City needs time to study and consider these issues, as well as to address the potential impact of the CCC regulations on local zoning and, in connection therewith, to undertake a planning process to consider amending the zoning ordinances to regulate marijuana establishments. The City intends to adopt a temporary moratorium on the use of land and structures for recreational marijuana establishments so as to allow sufficient time to address the effects of such structures and uses in the City and to enact ordinances in a consistent manner.

5722. Definition. "Marijuana Establishment" shall mean a marijuana cultivator, independent testing laboratory, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related business, all as defined for purposes of M.G.L.A. c. 94G, §1.

5723. Temporary Moratorium. For the reasons set forth above and notwithstanding any other provision of the zoning ordinances to the contrary, the City hereby adopts a temporary moratorium on the use of land or structures for a marijuana establishment and other uses related to non-medical marijuana. The moratorium shall be in effect through September 30, 2018 or until such time as the City adopts a zoning ordinance relating to marijuana establishments, whichever occurs first. During the moratorium period the City shall undertake a planning process to address the potential impacts of marijuana establishments and shall consider adopting zoning ordinances in response to these new issues or take any action relative thereto.

(Ord. of 12-23-03, § 1; Ord. of 5-1-18, § 1)

(Ord. of 12-23-03, § 1)

7010. Purpose. The purpose of the Advanced Manufacturing Campus (AMC) is to create a new master-planned mixed-use district suitable for uses related to life sciences and advanced manufacturing. The campus setting also permits small-scale commercial uses and an integrated network of pedestrian paths, set among appropriate landscaping, that will attract both employers and employees. The AMC has frontage on and access to a freight rail: frontage onto Hathaway Road and I-195 with direct access from Hathaway Road to the interchange between I-195 and Route 140.

7011. The Master Plan. A detailed master plan (the AMC Master Plan) shall be prepared and submitted to the Planning Board for approval of the entirety of the proposed development and/or redevelopment within the AMC Overlay District, even if such property(ies) is/are developed incrementally over an extended period. As the intent of this Section is to ensure conformance with a well thought out long term plan, the preparation and approval of the Master Plan is a condition precedent to the issuance of any building permit or approval of either site plan review or a special permit as required by this Ordinance. The proposed AMC Master Plan shall illustrate both the initial development proposal as well as development intended to be implemented over time. The Master Plan may be amended from time to time and the Planning Board may, in its discretion, approve, deny, or approve with conditions the original and/or proposed revisions to the Master Plan. The Planning Board shall approve, deny, or approve with conditions the original and/or revised Master Plan in writing with a copy of the same to the applicant and the City Clerk within sixty (60) days of receiving a Master Plan that conforms with the requirements of Section 7012, below.

7012. Master Plan Contents. The Master Plan shall include a context map indicating adjoining properties and streets; the proposed sequence of development; an illustrative timetable for development; the proposed location of all streets, walkways, and open spaces, proposed topography, lot layout, landscaping, signs, lighting and utilities; building locations, intended or anticipated uses and structures, design and heights presented at a level of conceptual design plans; parking locations and amounts, including the manner in which parking requirements will be met prior to full build-out of the development; required easements and deeded areas; and a listing of any variance from the Zoning Ordinance that may be required to implement the Master Plan. The Planning Board may condition the approval of a Master Plan on the receipt of any such variance or any other required approvals from the City, state or federal government.

7013. The Master Plan Governs New Development. Once approved, the AMC Master Plan shall govern development within the AMC, subject to site plan or special permit approval, where relevant.

Subsequent applications for specific uses shall be reviewed as follows:

All applicants shall be required to follow the requirements in Section 5450. In addition, all applicants must demonstrate the manner in which the requirements of Section 7010 are met and are consistent with the AMC Master Plan as approved by the Planning Board or revised thereafter.

Applicants for Class A uses that are consistent with the approved AMC Master Plan may submit an application for a building permit for administrative review by the Department of City Planning, the Department of Inspectional Services, and the Department of Public Infrastructure, including a site plan prepared in accordance with Section 5400 that meets the requirements of Section 5451.a through 5451 .f. The Department of Inspectional Services shall grant a building permit if the site plan submitted is materially consistent with the AMC Master Plan as approved by the Planning Board and the application complies with all other requirements for a building permit. The site plan shall be attached and incorporated into the building permit.

Applicants for Class A uses or structures that do not strictly comply with the approved Master Plan, may, in lieu of revising the Master Plan as set forth in Section 7011, submit an application for site plan review to the Planning Board indicating how the application does not comport with the approved Master Plan and containing support for why the non-complying proposed use or structure does not constitute a substantial conflict with the Master Plan. The application shall comply with the requirements of Sections 5430, 5440, 5450, and 7000. The Planning Board may approve the non-conforming site plan only if it concludes that the non-conformance with the Master Plan is de minimis or otherwise does not derogate from the intent of the approved Master Plan.

No application for a Class B or Class C use or structure that does not comply with the approved Master Plan may be filed with the City until such time as the proposed use or structure shall conform with the Master Plan. Any application submitted in contravention of this requirement shall not be acted upon by the Planning Board unless the Master Plan is amended to include or anticipate the proposed use or structure.

7014. Design Principles. The design principles for the AMC focus on four key aspects to the anticipated physical experience of the AMC:

1.

Treatment of buildings - Buildings shall be oriented to face the street, serving to define space for public and private activities. As the AMC develops over time, new buildings should be consistent with the design of existing buildings in the district.

2.

Treatment of yards - Front yards shall be reserved for landscaping, sidewalks, and appropriately screened Guest Parking. Side yards shall be used for vehicular access and access to loading docks. Rear yards shall be used for vehicular access, loading docks, and parking.

3.

Treatment of the site and landscape - Sites shall be landscaped to provide appropriate buffers between different types of site uses, including buildings, parking, and sidewalks. Landscaping shall be consistent with site plan review requirements and the Development Standards of this section and shall be integrated with stormwater treatment systems. Landscaping shall also be used to reduce the impact of the heat island effect on large areas of parking or other paved surfaces.

4.

Connections between private and public infrastructure - Streets shall provide safe travel ways for all uses, including drivers of trucks and cars, pedestrians, and bicyclists. Private sidewalks shall connect building entrances and parking areas to public sidewalks, and where possible, provide connections between parking areas for pedestrian safety and to minimize curb cuts onto public ways.

7015. Location and Boundaries. The boundaries of the AMC are the boundaries of Parcel B (99.86 acres) on the plan titled "Subdivision Plan Prepared for Mass Development," prepared by Nitsch Engineering and dated October 7, 2020. This plan is on file with the City Clerk.

(Ord. of 5-19-21, § 2)

7020. Relationship to Existing Zoning. The AMC supersedes all other zoning district regulations for this area, except the Flood Hazard Overlay District (FHOD). In the case of any potential discrepancy between the AMC and the FHOD regulations, the FHOD regulations shall apply. In the case of a conflict between the AMC and the underlying zoning district regulations, the AMC regulations shall apply. Unless otherwise noted, reference to a "Section" followed by a "number" refers to the relevant Section of the New Bedford Zoning Ordinance.

(Ord. of 5-19-21, § 2)

7030. Definitions. The definitions contained in Section 1200 and the following additional definitions shall apply to the AMC Overlay District. In the event of a conflict between the definitions contained in Section 1200 and those below, the definitions below shall control within the AMC Overlay 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.

Biotechnology Facilities: The utilization of bioprocesses or other biological systems in manufacturing of drugs or pharmaceuticals, medical products, and in waste recycling for environmental management.

Brewery, Distillery, Cidery, Winery: A facility that uses equipment and/or processes for the large-scale production, packaging, and distribution of malt, spirituous, or vinous beverages pursuant to M.G.L.A. c. 138, § 19 and relevant federal statutes. Such establishment may include on-site sampling via a taproom or counter, the sale of permitted beverages produced on the premises to consumers for off-site consumption, and the sale of commercial goods branded by the establishment.

Brew Pub: Restaurants, licensed under the relevant state and federal statutes, to produce and sell beer and/or ale at the location and whose primary business is the sale and preparation of food to be consumed on the premises. Malt beverages including beer, ales and hard ciders produced on the premises may be sold to other establishments but shall not exceed 25 percent of the establishment's production capacity.

Caterer/Wholesale Food Production: The preparation of food in significant quantities to be delivered and served or sold off-site.

Controlled Environment Agriculture (CEA): Any agricultural technology that enables the grower to manipulate the environment to desired growing and/or cultivation conditions. In the City of New Bedford, CEA is limited to food production.

Farmers Market, Vendors Court, and Mobile Food Markets: Individual or multiple vehicles that form a mobile market that travel to multiple locations to sell fresh fruits and vegetables, operating on a set schedule so residents know when they can shop. Mobile markets can be created from buses, trucks, vans, carts, or any other vehicle with space to display food and produce. Food trucks are large vehicles equipped with facilities for cooking and selling food and may be included in Mobile Food Markets or on separate sites with authorization from the City of New Bedford.

Farming, Vertical: Controlled Environment Agriculture used for the practice of producing food on vertically inclined surfaces in vertically stacked layers. Farming techniques may include hydroponics, aquaponics, and aeroponics.

Food Hall or Public Market: An indoor food court or space where food products made by local artisans, local kitchens, and food vendors are marketed and sold.

Medical Devices Manufacturing: The design and production of equipment and supply intended for the diagnosis or treatment of injury or disease.

Micro-Brewery, Distillery, Cidery, Winery with Tasting Room: A facility that uses equipment and/or processes for the production, packaging, and distribution of up to 15,000 barrels (1 barrel=31 gallons) of malt, spirituous, or vinous beverages pursuant to M.G.L.A. c. 138, § 19 and relevant federal statutes. Such establishment may include on-site sampling, the sale of permitted beverages produced on the premises to consumers for off-site consumption, and the sale of commercial goods branded by the establishment.

Research. Development or Testing Laboratories and Facilities: The analysis, testing, and development of products, or services predominantly for scientific research operations in biotechnology, pharmaceuticals, medical devices and equipment, communication and information technology, electronics, computer hardware, and their substantial equivalents but excluding marijuana research. Research and Development and/or Laboratory does not include activities involved in fabricating, assembling, warehousing, or sale of products for the retail or wholesale market.

(Ord. of 5-19-21, § 2)

7040. Principal and Accessory Uses. The List of Principal Uses in this section supersedes the Table of Principal Use Regulations in the Zoning Ordinance for purposes of this Section. Any use not identified as a Class A, Class B, or Class C use below is prohibited. Where relevant, the term "use" shall be construed to include "building" or "structure" such that permitted uses shall be deemed to include a structure(s) required to support the permitted use. The terms "accessory building" and "accessory use" are as defined in Section 1200.

(Ord. of 5-19-21, § 2)

7050. Definition of Use Classes.

Class A uses are allowed as-of-right. A building permit will be issued by the Department of Inspectional Services upon showing that the use is consistent with the AMC Master Plan as approved by the City and after staff review as described in Section 7070.

Class A Principal Uses are as follows:

Manufacturing

Research, development or testing laboratories and facilities

Biotechnology facilities

Medical devices manufacturing

Aquaculture/Aquaponics

Farming, Vertical

Controlled Environment Agriculture

Class B uses are allowed as-of-right but subject to site plan approval from the Planning Board to ensure consistency with Section 7010 and the requirements of Section 7070.

Class B Principal Uses are as follows with Farmer's Markets, Vendor Court and Mobile Food Markets permitted as Accessory Uses only:

a)

Child Day Care Center

b)

Health clubs

c)

Restaurant

d)

Bar or Tavern

e)

Brew Pub

f)

Brewery, Distillery, Winery

g)

Microbrewery/Craft Brewery

h)

Food Hall or Public Market

Class C Uses are as follows:

a)

Retail stores and services not elsewhere set forth

b)

Caterer/Wholesale Food Production

c)

Business or professional office

d)

Medical offices, center, or clinic

e)

Bank, financial agency

i.

Class C uses require site plan approval and a special permit from the Planning Board to ensure consistency with Section 7010 and the requirements of Section 7070 Development Standards, unless they meet the criteria listed below.

ii.

Class C Uses Wholly Contained Within Class A Use.

Provided that the enumerated Use is (a) wholly contained within a permitted Class A use and the requirements of Section 7050(1) are met or, (b) provided that the Use is specifically identified as to use and location in the approved Master Plan (see Section 7011), Class C Uses do not require site plan approval or a special permit. Any Class C Use that does not meet the requirements of Section 7050(4)(a) or (b) shall require both site plan approval and a special permit from the Planning Board.

iii.

Class C Uses Wholly Contained Within Class B Use.

Provided that the enumerated Class C Use is (a) wholly contained within a permitted Class B use and the requirements of Section 7050(2) are met, or, (b) provided that the Use is specifically identified as to use and location in the approved Master Plan (see Section 7011), Class C Uses do not require a special permit but shall require site plan review approval from the Planning Board. Any Class C Use that does not meet the requirements of Section 7050(5)(a) or (b) shall require both site plan approval and a special permit from the Planning Board.

(Ord. of 5-19-21, § 2)

7060. Approval of Site Plans and Special Permits. The Planning Board shall be the Special Permit Granting Authority for the AMC Overlay District. The requirements of Section 5300 and 5400 shall govern unless noted otherwise below. Applications for Site Plan Review within the AMC Overlay shall comply with the requirements of Section 7061 below, in lieu of compliance with Sections 5420 and 5470.

7061. Criteria for Site Plan Approval. Site plan approval for uses within the AMC Overlay District may be granted by the Planning Board only for uses that are, or can be conditioned to be, consistent with the approved Master Plan.

1)

Administrative Approval for Class A Uses. Prior to the issuance of a building permit for a Class A use, the Department of Inspectional Services, following consultation with the Department of City Planning, and the Department of Public Infrastructure shall agree that the following requirements have been met:

a)

The application is complete with respect to Sections 5440 and 5450.

b)

The application meets the development standards in Section 7080 and is consistent with the AMC Master Plan as approved by the Planning Board.

Approval by the Planning Board of Class B and Class C Uses. The Planning Board may grant site plan approval for Class B or Class C Uses upon determination that the following requirements have been met:

a)

The application is complete with respect to Sections 5440 and 5450.

The application is consistent with the AMC Master Plan as approved by the Planning Board.

7062. Criteria for Approval of a Special Permit. This section supersedes Section 5320. A special permit may be granted by the Planning Board only upon its written determination that the benefit to the City, the AMC District, and the neighborhood outweighs the adverse effects of the proposed use, taking into consideration the characteristics of the site and of the proposal in relation to the site. The determination shall also consider the following factors:

1)

Consistency of the application and the site plan with the intent of Section 7010 and the approved Master Plan.

2)

The development standards for specific uses in Sections 7070 are or if conditioned, can be, met.

Traffic and circulatory impact on the roads adjacent to the AMC are, or, if conditioned, will be of de minimis impacts.

(Ord. of 5-19-21, § 2)

7070. Development Standards for Class A, Class B and Class C Uses.

7071. Development Standards for Class A Uses:

1)

Treatment of Buildings

a)

Buildings shall be oriented with their main entrance and principal façade facing the street.

Construction materials shall be durable, resilient and certified by the applicant to be of high quality.

Pedestrian entry points shall be clearly identified and ADA accessible.

All building signs are subject to Planning Department administrative review and Section 3200.

Treatment of Yards

a)

The front yard shall be well-landscaped with a combination of trees, shrubs, perennials, and grasses.

b)

The front yard shall include a publicly accessible sidewalk built to the City of New Bedford's standards for a public sidewalk and shall be connected to the existing sidewalks on either side of the lot frontage.

The public sidewalk shall connect to the parking area at the rear of the building by a sidewalk of no less than five (5) feet in width through one of the side yards.

The buffer between the street and any sidewalk shall have a minimum width of six (6) feet. Shade trees shall be planted at regular intervals to provide shade to the sidewalk.

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

Guest parking may be located within the front yard of the principal building, not to exceed ten (10) spaces. Such parking shall be appropriately screened with landscaping and shall connect to the building's primary entrance and public sidewalk by a sidewalk of not less than five (5) feet in width.

All other parking shall be located to the rear of the building.

Loading shall be located to the rear or the side of the building.

All driveways to access parking and loading shall be designed to accommodate, at a minimum, the turning radius of a semi-truck trailer of fifty-three (53) feet.

Curb cuts shall be limited to a maximum of three per building: one for access to the guest parking in the front yard and two for entry and exit to the rear parking and rear or side loading. Where possible, curb cuts shall be shared to allow access to loading and parking for more than one building.

The front yard may have a single monument sign identifying the address and the tenant(s) in the building at the primary vehicular entrance to the building. Access drives to parking and loading shall have appropriate directional signs at each entrance.

Treatment of the Site and Landscape

a)

Materials shall not be stored outdoors.

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 a campus environment. Stormwater management practices shall be consistent with Article VIII Stormwater Management of the City's Code of Ordinances (Section 16-131 et seq.); any alteration of land will require a stormwater management permit unless such alterations meet the exemptions in the ordinance. Stormwater shall not be permitted to drain into the City's sewer system, onto other properties, or into an adjacent wetland buffer.

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

Invasive species included in the Massachusetts Prohibited Plant List are prohibited. Planting shall be native or adapted to the climate in the New Bedford area. For longer-term species, such as trees, a species that will adapt to the projected impacts of climate change is recommended.

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 shall not overrun public sidewalks).

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.

Public and Private Infrastructure

a)

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 to align with City standards.

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.

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.

7072. Development Standards for Class B Uses:

1)

Class B Uses shall be located within a larger structure whose primary use is a Class A use or clustered in a group of similar Class B Uses to provide one or more campus centers serving all buildings dedicated to Class A uses.

a)

Class B uses must be located adjacent to public outdoor gathering spaces. Such spaces shall contain a mix of appropriate hardscaping and landscaping and provide outdoor seating.

b)

One outdoor gathering space may serve more than one commercial use provided a sidewalk or other paved path connects the entrance of each use to the gathering space.

c)

The façade of the ground floor that faces the principal street and the façade that faces the outdoor gathering space shall have a minimum transparency of 50%.

d)

The outdoor gathering space(s) shall be the location of any Farmers Market, Vendors Court and Mobile Food Markets proposed in the AMC Overlay District.

7073. Development Standards for Class C Uses:

1)

Class C Uses: Class C Uses shall be located either within a building whose primary function is a Class A Use or as noted below:

a)

Banks: This use may be located either in a building with a Class A use or in a building with a cluster of Class B uses. A drive-thru for a bank is not allowed.

b)

Medical Offices, Center, or Clinic: These uses may be allowed on the upper floors of a building which has either a Class A use or a cluster of Class B uses on the ground floor.

c)

Caterer/Wholesale Food Production: This use may be located either in a building with a Class A use or in a building with a cluster of Class B uses.

(Ord. of 5-19-21, § 2)

7080. Severability. If any provision of this Section 7000 et seq. is found to be invalid by a court of competent jurisdiction, the remainder of Section 7000 shall not be affected but shall remain in full force.

The invalidity of any provision of Section 7000 shall not affect the validity of the remainder of the City's Zoning Ordinance.

(Ord. of 5-19-21, § 2)

The invalidity of any section or provision of this Ordinance shall not invalidate any other section or provision herein.

(Ord. of 12-23-03, § 1)