City of WorcesterZoning Ordinance

Creates and maintains conditions under which people and their environment can fulfill the social, economic and other needs of present and future generations.

To facilitate the adequate and economic provision of transportation, water supply, drainage, sewerage, schools, parks, open space, light and other public requirements;

Encourages the creation and preservation of housing of such type, size and cost suitable for meeting the current and future needs of the City;

Protects against: overcrowding of land; air and water pollution; use of land incompatible with nearby uses; undue intensity of noise; danger and congestion in travel and transportation; and loss of life, health, or property from fire, flood, panic or other dangers;

Protects natural resources as well as the scenic and aesthetic qualities of the community;

Promotes the preservation of historically/architecturally significant land uses.

Special Permits The Planning Board shall be the Special Permit Granting Authority (SPGA) for all special permits issued under Article IV, Section 8(F), Private Driveways; Article IV, Section 8(G), Accessory Dwelling Units; Article IV, Section-13, Wind Energy Conversion Facilities; Article IV, Section 14, Adaptive Re-Use of Public or Non- Profit School Buildings; and Articles VII, VIII, IX, X, XII, and XV. The Planning Board shall also be the Special Permit Granting Authority (SPGA) for all special permits issued in any Priority Development Site designated by the City Council pursuant to M.G.L. c. 43D. The Planning Board, in exercising its role as an SPGA, shall be governed by the criteria set forth in Article II, Section-6(A)(2) relative to special permit applications reviewed by the ZBA.

Site Plan Review The Planning Board shall review and approve site plan applications as designated under Article V in accordance with the terms therein.

abutters to the abutters within three hundred (300) feet of the property line of the petitioner as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another city or town, (v) the Director of Code Enforcement, (vi) the Department of Public Works & Facilities Engineering Services Division and Parks and Recreation Division, (vii) the Planning Board, if applicable, and

the planning board of every abutting city or town. The required publications and notices shall contain the name of the petitioner, a description of the area or premises, street address, or other adequate identification of the location, the date and place of the public hearing, the subject matter of the hearing, and the nature of action or relief requested.

Special permits shall only be issued following public hearings held within sixty- five (65) days after filing of an application or petition with the relevant SPGA through the City Clerk. The SPGA shall render a decision within ninety (90) days following the close of said public hearing for which notice has been given, as set forth in the preceding Section-9(B). Failure of the SPGA to take final action (filing decision in the City Clerk’s office, see Section-9(D)(2)) within said ninety (90) days of the close of the public hearing may be deemed a grant of the special permit applied for. These time limits may be extended by written agreement, which shall be filed in the City Clerk’s office.

Variances shall only be issued following public hearings held within sixty-five (65) days after filing of an application with the ZBA through the City Clerk. The ZBA shall render a decision within one hundred (100) days after the filing of an application for a variance. In accordance with M.G.L. c. 40A, § 15, failure of the ZBA to take final action (filing decision in the City Clerk’s office) within said one hundred (100) days, may be deemed to be a grant of the variance applied for. These time limits may be extended by written agreement, which shall be filed in the City Clerk’s office.

Authorization for the alteration, extension or change of a pre-existing nonconforming use or structure shall only be issued following public hearings held within sixty-five (65) days after filing of a petition by the applicant with the ZBA through the City Clerk. The ZBA shall render a decision within one hundred (100) days after the filing of the petition for such authorization. In accordance with M.G.L. c. 40A, § 15, failure of the ZBA to take final action (filing decision in the City Clerk’s office) within said one hundred (100) days, may be deemed to be a grant of the petition. These time limits may be extended by written agreement, which shall be filed in the City Clerk’s office.

The ZBA may, in conformity with the Massachusetts General Laws and the provisions of this Ordinance, make orders or decisions, reverse or affirm in whole or in part, or modify any order or decision, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit.

The ZBA or SPGA shall cause to be made a detailed record of its proceedings, indicating the vote of each member upon each question, or if absent or failing to vote, indicating such fact and setting forth clearly the reason or reasons for its decision and of its official actions, copies of all of which shall be filed within fourteen (14) days of its decision in the office of the City Clerk and shall be a public record, and notice of decisions shall be mailed forthwith by the ZBA or SPGA to the petitioner, applicant or appellant and to the parties of interest as listed in Section-9(B) and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice is to be sent. Each notice shall specify that appeals, if any, shall be filed within twenty (20) days after the date of filing of the decision in the office of the City Clerk.

Upon the granting of a variance, special permit or any extension, modification, or renewal thereof, the ZBA or SPGA shall issue to the owner and to the applicant, if other than the owner, a copy of its decision, certified by the ZBA or SPGA containing the name and address of the owner, identifying the land affected, setting forth compliance with the statutory requirements for the issuance of such variance and/or special permit and certifying that copies of the decision and all plans referred to in the decision have been filed with the Planning Board and the City Clerk. No variance, special permit or any extension, modification or renewal thereof shall take effect until a copy of the decision bearing the certification of the City Clerk that twenty (20) days have elapsed after the decision has been filed in the office of the City Clerk and no appeal has been filed or that if such appeal has been filed, that it has been dismissed or denied, and if it is a variance or special permit which has been approved by reason of the failure of the permit granting authority or special permit granting authority to act thereon within the time prescribed, a copy of the application for the special permit or petition for the variance accompanied by the certificate of the City Clerk stating the fact that the permit granting authority or special permit granting authority failed to act within the time prescribed and no appeal has been filed and that the grant of the application or petition resulting from such failure to act has become final or that if an appeal has been filed, that it has been dismissed or denied, is recorded in the Worcester District Registry of Deeds and indexed in the grantor index under the name of the owner of record or, in the case of registered land, is recorded and noted on the owner’s certificate and a copy of such recordation is filed with the Director of Code Enforcement.

Upon the approval of a petition to alter, extend or change a pre-existing nonconforming use or structure, the ZBA shall issue to the owner and to the applicant, if other than the owner, a copy of its decision, certified by the ZBA containing the name and address of the owner, identifying the land affected, setting forth compliance with the statutory requirements for the approval of such petition and certifying that copies of the decision and all plans referred to in the decision have been filed with the City Clerk. No approval to alter, extend or change a pre- existing nonconforming use or structure shall take effect until a copy of the decision bearing the certification of the City Clerk that twenty (20) days have elapsed after the decision has been filed in the office of the City Clerk and no appeal has been filed or that if such appeal has been filed, that it has been dismissed or denied, and if it is a petition which has been approved by reason of the failure of the ZBA to act thereon within the time prescribed, a copy of the petition accompanied by the certificate of the City Clerk stating the fact that the ZBA failed to act within the time prescribed and no appeal has been filed and that the grant of the petition resulting from such failure to act has become final or that if an appeal has been filed, that it has been dismissed or denied.

If the activity authorized by a special permit granted by the ZBA or SPGA is not initiated within one (1) year of the date of grant of such special permit except in the case of phased construction as approved by the ZBA or SPGA and/or if the activity is not completed within two (2) years, then the special permit shall lapse unless the Director of Code Enforcement makes a determination that the failure to complete was for good cause. Otherwise, after a lapse, the special permit may be re- established only after notice and a new hearing pursuant to this Ordinance. The foregoing timeframes shall be extended to include such time as required to pursue or await the determination of an appeal referred to in Section-9(E), below.

Construction or operations authorized by a building or special permit shall conform to any subsequent amendment(s) of this Ordinance unless the use or construction is commenced within a period of not more than six (6) months after the issuance of the permit and in the case of construction, it is continued through to completion as continuously and expeditiously as is reasonable.

Variances shall only be issued following public hearings by the ZBA. Said variance shall deal with respect to particular land or structures where the ZBA specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this Ordinance would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this Ordinance. If the rights authorized by a variance are not exercised within one (1) year of the date of grant of such variance they shall lapse; provided, however, that the permit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six (6) months; and provided further, that the application for such extension is filed with such permit granting authority prior to the expiration of such one year period. If the permit granting authority does not grant such extension within thirty (30) days of the expiration of the date of application therefore, and upon the expiration of the original one year period, such rights may be re-established only after notice and a new hearing pursuant to this Ordinance, (see M.G.L. Ch. 40A, §10).

Appeals The ZBA shall hear and decide appeals by (i) any person aggrieved by reason of their inability to obtain a permit or enforcement action from any administrative officer under the provisions of M.G.L. c. 40A, and this Ordinance, (ii) the Central

Massachusetts Central Regional Planning Commission, (iii) any person, including an officer or board of the City or of an abutting city or town, aggrieved by an order or decision of the inspector of buildings, or other administrative official in violation of any provision of M.G.L. c.40A or this Ordinance.

Special Permits Except for those special permits expressly assigned to the Planning Board in Article II, Section-7, The Zoning Board of Appeals shall be the Special Permit Granting Authority (SPGA) for all special permits. Criteria. Special permits shall be granted by the Special Permit Granting Authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the city or the neighborhood. In addition to any specific factors that may be set forth in this Ordinance, the determination by the SPGA shall be made within the context of the characteristics of the site and its vicinity, and shall include consideration of each of the following:

Variances The ZBA, as Permit Granting Authority, may grant upon appeal or petition with respect to particular land or structures, a variance from the dimensional terms of this Ordinance. The ZBA may grant a variance only when all statutory requirements are met, including the following findings:

Pre-Existing Nonconforming Uses The ZBA, as Permit Granting Authority, may permit the alteration, extension or change of a pre-existing nonconforming use or structure pursuant to Article XV.

Appeals to the ZBA shall be taken within thirty (30) days from the date of the order or decision which is being appealed, by filing a notice of appeal (in as many copies as are required by the ZBA) specifying the grounds thereof, with the City Clerk and the Executive Office of the City Manager Planning & Regulatory Division. The Planning & Regulatory Division shall forthwith transmit copies thereof to such officer or board whose order or decision is being appealed, and to the ZBA. Such officer or board shall forthwith transmit to the ZBA all documents and papers constituting the record of the case in which the appeal is taken.

All appeals, applications, or petitions to the ZBA shall be in writing and in such form as prescribed by the ZBA. All applications, or petitions shall contain a written statement from the Director of Code Enforcement detailing why the petition or application is being filed, what sections of the Zoning Ordinance apply, and if a special permit and/or variance is required.

Upon receipt of any filed documents, the Planning & Regulatory Division shall transmit seven (7) copies of each appeal, application or petition to the ZBA, one (1) copy to the Director of Code Enforcement, [Deletion] one (1) copy to the Director of Public Health, two (2) copies to the Department of Public Works & Facilities: one (1) copy to the Engineering Services Division, and one (1) copy to the Parks and Recreation Division, one (1) copy to the Planning Board, one (1) copy to the Conservation Commission, not more than three (3) days after the date of filing for such appeal, application or petition.

Where the district boundary is indicated as a street, it is the center line of the Street, provided however, that the depth of the district shall be measured from the right of way line of the street that existed at the time the district was created.

Where the district boundary is indicated as a watercourse it is the centerline of the watercourse.

Where a district boundary line divides a lot or crosses un-subdivided property, the origin and length of such boundary shall be determined by the Director of Code Enforcement utilizing the Geographic Information System (GIS) Map.

The Zoning Map shall be considered accurate to the nearest foot.

If district or boundary’s accuracy is challenged, or the Zoning Map thought to be in error, then the language of the City Council Ordinance, or any amendments thereto, shall hold.

No WECF requiring guy wires for support shall be permitted.

No WECF with a rotor diameter in excess of one hundred sixty-five (165’) feet shall be permitted.

Multiple wind turbines are allowed on a single parcel only if the WECF as a whole, and each wind turbine within it, complies with the provisions of subsections E, F, G and H governing sound and shadow flicker respectfully.

No WECF shall be erected until evidence has been provided that the electric utility company has been informed of the applicant’s intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.

An applicant who is not a participating landowner shall submit an executed lease or purchase and sale agreement, or power purchase agreement, documenting the applicant’s contingent property interest and legal right to install, operate and maintain the WECF and MET on the affected property(ies).

To the extent that the foundation of a WECF affects the dimensions or the number, or both, of required off-street parking spaces, said parking requirement shall be reduced by the number of spaces directly affected for the purposes of calculating minimum parking requirements.

Meteorological towers (MET): Provided that it does not exceed the height recommended by the manufacturer of the meteorological tower and equipment:

Large WECFs. Notwithstanding anything to the contrary in Article IV-Section 4, Table 4.2, Large WECFs shall comply with the following requirements:

Small WECF. Notwithstanding anything to the contrary in Article IV-Section 4, Table 4.2, Small WECFs shall comply with the following requirements:

All WECFs shall comply with the provisions of the Department of Environmental Protection’s Division of Air Quality Noise Regulations (310 CMR 7.10) and associated policies.

For all WECFs allowed by Special Permit in Table 4.1: Audible sound generated by a WECF shall not exceed fifty-five (55) dB(A), as measured at the exterior of any non- participating landowner’s occupied building except during short-term events such as utility outages and/or uncharacteristically windy periods.

Notwithstanding anything to the contrary within this Section, for Small WECFs listed as of right in Table 4.1 and within 650 feet of the nearest non-participating landowner’s occupied building located within a residential district: Audible sound generated by a WECF shall not exceed fifty-five (55) dB(A), as measured at the exterior of any non- participating landowner’s occupied building, located in a residential district, except during short-term events such as utility outages and/or uncharacteristically windy periods.

The WECF shall be certified by the manufacturer to be in conformance with the regulations of the Federal Communications Commission (47 CFR Part 15 as revised) relating to harmful interference with radio or television reception.

The WECF owner or operator shall make reasonable efforts to avoid any disruption or loss of radio, telephone, television or similar signals, and shall mitigate any harm caused by the WECF.

Notwithstanding anything to the contrary in Article IV, one or more waivers may be granted by the SPGA in accordance with this subsection provided that all such waivers are part of a special permit approval for a WECF and in accordance with this subsection. To the extent that any waiver effects compliance with setback and shadow flicker requirements, those items shall also require a waiver.

To the extent these provisions affect a participating property, the SPGA, in its discretion, shall be authorized to waive the setback, sound and shadow flicker provisions of this Section provided that:

To the extent these provisions affect a non-participating property, the SPGA, in its discretion, shall be authorized to waive the setback, sound and shadow flicker provisions of this Section provided that:

To the extent these provisions affect a public way, the SPGA, in its discretion, shall be authorized to waive the setback, sound and shadow flicker provisions of this Section provided that:

To the extent these provisions affect the turbine height of a WECF, the SPGA, in its discretion, shall be authorized to waive the turbine height provisions of this Section provided that:

To the extent these provisions affect the rotor diameter of a Large WECF, the SPGA, in its discretion, shall be authorized to waive the rotor diameter provisions of this Section provided that:

Compliance and Certifications: Prior to the operation of any WECF, the facility owner and operator must submit a signed affidavit to the director of Code Enforcement’s satisfaction verifying that the WECF, and all of its equipment, was designed and installed in accordance with the following standards:

Security and Warnings:

Visual Appearance:

At least sixty (60), but no greater than ninety (90), days prior to construction, the applicant shall obtain the requisite permit from the Department of Public Works and Parks approving the route and method of transporting the equipment and parts for the construction, operation or maintenance of the WECF. In addition to the permit requirements promulgated by the commissioner of DPWP, the applicant shall submit, with its request for a permit, a report identifying all state and city streets within the city of Worcester to be used as its transport route. A copy of the report shall also be submitted to the Division of Planning and Regulatory Services.

An engineer or a qualified third party engineer hired by the City of Worcester and paid for by the applicant, shall document road conditions along the route chosen prior to construction. Said engineer shall document road conditions again thirty (30) days after construction is complete or as weather permits. This documentation shall be provided to the commissioner of Public Works and Parks for review.

The applicant shall demonstrate to the satisfaction of the commissioner of Public Works and Parks that the applicant has adequate financial resources to ensure the prompt repair of damaged roads.

Any road damage caused by the applicant or its contractors shall be promptly repaired at the applicant’s expense.

Notification:

Decommissioning:

Repair:

The WECF owner and operator shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project. The applicant shall notify all abutters within three-hundred (300) feet of this phone number prior to the operation or testing of any WECF.

The WECF owner and operator shall post an emergency telephone number so that the appropriate people may be contacted should any wind turbine need immediate attention. This telephone number shall be clearly visible on a permanent structure(s) or post(s) located at a distance at least 1.25 times the turbine height. (Not applicable to Small WECFs, which shall provide a number on tower.)

The WECF owner and operator shall make reasonable efforts to respond to the public’s inquiries and complaints.

Upon receipt of a complaint by the Code Enforcement Division regarding sound from an existing WECF, the division will investigate the complaint. If the director of Code Enforcement determines the complaint to be reasonable, the WECF owner or operator shall be required, at its expense, to have prepared, by an independent professional acoustical engineer approved by the city, an acoustical study that measures sound levels and demonstrates compliance with the sound standards in this Section.

Methods for measuring and reporting acoustic emissions from wind turbines and the WECF shall be equal to or exceed the minimum standards for precision described in American Wind Energy Association Standard 2.1 - 1989 titled Procedures for the Measurement and Reporting of Acoustic Emissions from Wind Turbine Generation Systems Volume I: First Tier as revised.

After notice and public hearing, and after due consideration of the evidence submitted, including the reports and recommendations of city departments, the SPGA, in addition to the special permit criteria under Article II, may grant such a special permit provided that it finds that:

Reasonable efforts have been made to minimize shadow flicker on neighboring or adjacent uses.

The maintenance plan proposed adequately provides for the ongoing safe operation of the WECF.

There will be no substantial adverse affect on the environment or wildlife. (Not applicable to Small WECFs)

The documentation and information for setback, sound and shadow flicker waiver requests, if any, provide sufficient assurance that the affected participating and non- participating property owners are fully informed and consent to the waiver requests.

That documentation and information for height and rotor diameter (as applicable) waiver requests, if any, are sufficient to demonstrate the requirements of subsection I.

All applicants are encouraged to contact the SPGA staff to schedule a pre-application meeting.

In addition to all application requirements related to special permits under Article II, the applicant shall include the following at the time of application submittal:

All by-right WECFs shall provide the following information at the time of application for a building permit:

The total square footage of a converted building may be increased up to a maximum of thirty percent.

New construction shall be of similar materials and appearance to that of the existing building.

The dimensional and parking requirements of this Ordinance may be altered in conjunction with the grant of a special permit under this section.

Any project which receives a special permit under this section shall be deemed to have also received site plan or parking plan approval, as may otherwise be required. However, each application for a special permit under this section shall be accompanied by such plans and information as would be otherwise required for site plan or parking plan approval, as applicable.

The project’s treatment of public space, including walkways and pedestrian access to the building(s); and

Maintenance of a historically appropriate exterior and building façade.

E. Use Regulations

A Marijuana Establishment shall be permitted in the zoning districts determined by Table 4.1 and only then upon the issuance of a special permit by the Planning Board acting solely in accordance with the standards and procedures set forth in this section fifteen.

The number of Marijuana Retailers that shall be permitted is limited to 20% of the number of licenses issued within the city of Worcester for the retail sale of alcoholic beverages not be drunk on the premises where sold under section 15 of chapter138.

A special permit for a Marijuana Establishment shall be limited to one or more of the following uses that shall be prescribed by the SPGA:

Except for the conversion of a licensed Registered Marijuana Dispensary to an Adult Use Marijuana Establishment, no special permit shall be granted for any Marijuana Establishment sited within a radius of five hundred feet of a public or private, primary or secondary school, licensed daycare center, public library, public park or playground, nor for any Marijuana Storefront Retailer sited within a radius of five hundred feet of another Marijuana Storefront Retailer. The 500 foot distance under this section shall be measured in a straight line from the nearest point of the facility in question to the nearest point of the proposed Marijuana Establishment. Each applicant for a special permit under this section shall submit a plan signed by a licensed surveyor, depicting compliance with the linear distance requirements set forth herein.

All aspects of a Marijuana Establishment relative to the cultivation, possession, processing, sales, distribution, dispensing or administration of marijuana, marijuana products, or related supplies must take place at a fixed location within a fully enclosed building and shall not be visible from the exterior of the building. A Marijuana Establishment shall not be located in a trailer, storage freight container, motor vehicle or other similar movable enclosure.

No outside storage of marijuana, marijuana products, or related supplies is permitted.

The hours of operation of a Marijuana Establishment shall be set by the SPGA, but in no event shall a Marijuana Establishment be open to the public, nor shall any sale or other distribution of marijuana occur upon the premises or via delivery from the premises between the hours of 11p.m. and 8 a.m. Monday through Saturday and before 10 a.m. on Sundays.

The Marijuana Establishment shall provide an odor control plan that provides for proper and adequate ventilation at such facilities in such a manner so as to prevent pesticides, insecticides or other chemicals used in the cultivation or processing of marijuana or marijuana related products from being dispersed or released outside the facilities. All resulting odors, smoke, vapor, fumes, gases and particulate matter from marijuana or its processing or cultivation shall be effectively confined to the premises or so disposed of so as to avoid any air pollution.

The Marijuana Establishment shall provide for adequate and proper security at the premises so as to avoid, deter and prevent illegal activities from taking place upon or about the applicant’s premises.

No marijuana or marijuana product shall be smoked, eaten or otherwise consumed or ingested on the premises where sold. All Marijuana Establishments permitted under this section shall comply with all state and local laws, rules and regulations governing the smoking of tobacco.

No drive-through service shall be permitted at a Marijuana Establishment.

A special permit grant under this section shall lapse if not exercised within one year of issuance.

A Marijuana Establishment shall be required to remove all materials, plants, equipment and other paraphernalia within ninety days of ceasing operations or immediately following revocation of its license issued by the Cannabis Control Commission.

The SPGA may require the Marijuana Establishment to post a bond or other resources held in an escrow account in an amount sufficient to adequately support the dismantling and winding down of the Marijuana Establishment.

After notice and public hearing, and after due consideration of the evidence submitted, including the reports and recommendations of city departments, the SPGA, in addition to the special permit criteria under Article II, may grant such a special permit provided that it finds that:

All applicants are encouraged to contact the SPGA staff to schedule a pre- application meeting.

In addition to all the application requirements related to special permits under Article II, the applicant shall include the following at the time of application:

An urban farm shall be permitted in the zoning districts determined by Table 4.1.

No urban farm shall be operated in a residential district without first obtaining a special permit from the Planning Board pursuant to the criteria set forth in Article II, Section 6(A)(2) and subsection C(3) herein. A special permit shall be issued only to the owner or lessee of the property and shall not be transferrable. Any change in owner or lessee shall require a new special permit.

In addition to the special permit criteria pursuant to Article II, the Planning Board shall also consider the urban farm’s conformance with the following planning and design objectives:

In lieu of plan of land requirements established by the special permit granting authority, each application for a special permit shall be accompanied by a sketch plan drawn to approximate scale, including the following information:

On lots containing a residential dwelling or structure, farm structures shall be prohibited in the front yard or exterior side yard.

Farm structures shall be setback five (5) or more feet from all lot lines.

The use of freight containers in connection with urban farming is permitted in ML, MG, A or IN zoning districts only.

An urban farm shall be maintained, at all times, in a healthy growing condition and operated in a manner so as to not constitute a nuisance. Farm structures shall be maintained in good repair and in a safe and sanitary condition, so as to not cause or contribute to the creation of a hazardous area or a nuisance.

An urban farm shall be operated in accordance with all food, health, soil safety, water and other applicable regulations.

Except for an accessory farm stand or farmers’ market pursuant to this Section, on-site retail food sales from an urban farm shall be permitted in the zoning districts determined by Table 4.1.

A community garden shall be permitted in the zoning districts determined by Table 4.1.

All community gardens shall have a garden manager responsible for the operation of the garden. The garden manager’s name, phone number and email address shall be posted so as to be visible from public view.

The provisions set forth in Section C(5) through C(9) above, relative to urban farms, shall apply to community gardens.

In addition to the requirements set forth in Article IV, Section 8, farm stands shall be allowed as an accessory use provided the following requirements are met:

feet from any lot line;

A farmers’ market shall be a permitted use in the zoning districts determined by Table 4.1.

A farmers’ market shall not operate for more than ten (10) hours per day nor more than three (3) days per week.

At least eighty percent (80%) of vendors must primarily sell food, produce, plants, flowers or other agricultural products produced by the vendors.

Stands, tables, tents, booths and similar components shall be setback five (5) feet from all lot lines.

Farmers’ markets shall have a market manager authorized to direct the operations of all vendors.

Farmers’ markets shall be operated in accordance with all food, health, soil safety, and other applicable regulations or permits.

In addition to the requirements set forth in Article IV, Section 8, yard gardens shall be permitted as an accessory use in all zoning districts provided the following requirements are met:

In addition to the requirements set forth in Article IV, Section 8, composting for use on-site shall be permitted as an accessory use in all zoning districts provided the following requirements are met:

Said use was lawfully in existence on the effective date of this Ordinance and can qualify as a privileged nonconforming use in accordance with law and the provisions of Article XVI of this Ordinance.

Said use has been granted a special permit and all the conditions of the special permit or variance have been satisfied.

Bed and Breakfast Establishment SP SP SP SP SP SP SP N N N N N N N N N N N N N N

Continuing care retirement SP SP SP SP SP SP SP SP SP SP SP N N N N N N N SP SP N community

Dormitory SP SP SP SP SP SP Y Y Y Y Y N N N N N N N Y Y N

Family day care home Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y

Fraternity/sorority/ cooperative SP SP SP SP SP SP Y Y Y Y Y N N N N N N N Y Y N residence

Group residence (general or limited) Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y

Limited Residential Hospice SP SP SP SP N SP N N N N N N N N N N N N N N N House

Lodging house N N N SP SP SP SP SP SP SP SP N N N N N N N N N N

Mobile homes N N N N N N N N N N N N N N N N N N N N N

Multi-family dwelling, high rise N N N Y N N N Y Y Y Y N N N N N N N N SP N

Multi-family dwelling, low rise N N SP Y Y Y Y Y Y Y Y N N N N N N N SP SP N

Single-family attached dwelling N N SP Y Y Y Y Y Y Y N N N N N N N N Y Y N

Single-family detached dwelling Y Y Y Y Y Y Y Y Y Y N N N N N N N N Y Y N

Single-family semi-detached N N Y Y Y Y Y Y Y Y N N N N N N N N Y Y N dwelling

Temporary shelter SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP

Three-family detached dwelling N N SP Y Y Y Y Y Y Y Y N N N N N N N Y Y N

Two-family detached dwelling N N Y Y Y Y Y Y Y Y Y N N N N N N N Y Y N

Loft, Creative Entrepreneur N N N N Y Y Y Y Y Y Y N N N N N N N N N N

Accessory Dwelling Unit (ADU) Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y N Y Y Y Y – Yes; N – No; SP – Special Permit PERMITTED USES BY ZONING DISTRICTS – Table 4.1 GENERAL USE RS RS RL RG BO BO BL BG BG BG BG ML ML ML MG MG MG IP IN IN A 10 7 7 5 1 2 1 2 3 4 6 0.5 1 2 0.5 1 2 0.33 S H 1

Urban Farm SP SP SP Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y

Cemetery, crematory, memorial N N N N N N N N N N N N N N N N N N N N N park

Clinic N N N N Y Y Y Y Y Y Y SP SP SP SP SP SP N N Y N

Club, lodge, other private grounds SP SP SP SP SP SP Y Y Y Y Y SP SP SP SP SP SP N N N N (non-profit and private)

Day Care Center Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y

Heliport N N N N N N N SP SP SP SP SP SP SP SP SP SP SP SP SP Y

Library/Museum (non-profit) SP SP SP SP Y Y Y Y Y Y Y SP SP SP SP SP SP N Y Y N

Library/Museum (profit) N N N N Y Y Y Y Y Y Y SP SP SP SP SP SP N N N N

Licensed hospital, Sanitarium N N N N Y Y Y Y Y Y Y N N N N N N N Y Y N

Non-accessory residential parking SP SP SP SP SP SP Y Y Y Y Y Y Y Y Y Y Y Y Y Y N

Non-residential parking facility N N N N SP SP Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y (non-accessory)

Nursing or convalescent N SP SP SP Y Y Y Y Y Y Y N N N N N N N N Y N home/institution/facility

Open lot storage of more than one

unregistered automobile in excess N N N N N N SP SP SP SP N SP SP SP SP SP SP N N N N of (7) seven days

Personal Wireless Service Facilities Interior-Mounted and Side- Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Mounted

Personal Wireless Service Facilities Roof-Mounted, Ground- N N N N N SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP Mounted, and Structure-Mounted Y – Yes; N – No; SP – Special Permit PERMITTED USES BY ZONING DISTRICTS – Table 4.1 GENERAL USE - Continued RS RS RL RG BO BO BL BG BG BG BG ML ML ML MG MG MG IP IN IN A 10 7 7 5 1 2 1 2 3 4 6 0.5 1 2 0.5 1 2 0.33 S H 1

Place of worship Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y

Radio/TV Transmission Tower N N N N SP SP SP SP SP SP SP Y Y Y Y Y Y N N N N

Recreational/service facility (non- SP SP SP SP Y Y Y Y Y Y Y SP SP SP SP SP SP N Y Y N profit)

Religious or educational use (EXEMPT)(See Art. XVII; Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y M.G.L.c.40A, s.3)

Schools (K-12, college, University, Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y technical institute) non-profit

Schools (vocational, professional, N N N N SP SP SP Y Y Y Y Y Y Y Y Y Y Y Y Y SP other) profit

Shooting Ranges – Indoor/Outdoor N N N N N N N N N N N N N N N N SP N N N N (see note 11)

Teen/Youth Center N N N N SP SP SP SP SP SP SP SP SP SP SP SP SP N N N N

Transformer, pumping station, sub- SP SP SP SP Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y station, telephone exchange

Wind Energy Conversion Facilities, SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP Large

Wind Energy Conversion Facilities, SP SP SP SP SP SP SP Y Y Y Y Y Y Y Y Y Y Y Y Y SP Small

Meteorological Tower (MET) – SP SP SP SP SP SP SP Y Y Y Y Y Y Y Y Y Y Y Y Y SP 85’ or less in height

Meteorological Tower (MET) – SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP greater than 85’ in height

Community Garden Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y

Farmers’ Market N N N N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y – Yes; N – No SP – Special Permit PERMITTED USES BY ZONING DISTRICTS – Table 4.1 BUSINESS USES RS RS RL RG BO BO BL BG BG BG BG ML ML ML MG MG MG IP IN IN A 10 7 7 5 1 2 1 2 3 4 6 0.5 1 2 0.5 1 2 0.33 S H 1

Adult entertainment establishments N N N N N N N N N N SP N N N N N N N N N N

Animal hospital, clinic, pet shop N N N N N N SP Y Y Y Y Y Y Y Y Y Y N N N N

Bank, credit union N N N N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y SP

Bank, credit union with drive thru N N N N SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP

Bus station or terminal, RR N N N N N N SP Y Y Y Y Y Y Y Y Y Y N N N Y passenger station

Food service (drive-thru) N N N N N N SP SP SP SP SP SP SP SP SP SP SP N N N N

Food service (excludes consumption/sale of alcoholic N N N N N N Y Y Y Y Y Y Y Y Y Y Y N SP SP Y beverages)

Food service (includes consumption/sale of alcoholic N N N N N N SP Y Y Y Y Y Y Y Y Y Y N SP SP Y beverages) and/or providing dancing or entertainment

Funeral undertaking establishment N N SP SP Y Y Y Y Y Y Y N N N N N N N N N N

In-door recreation, health club- N N N N N N Y Y Y Y Y Y Y Y Y Y Y N N N N profit

Indoor rental & service of equipment for home and recreational N N N N N N Y Y Y Y Y Y Y Y Y Y Y N N N N uses

Kennel N N N N N N SP SP SP SP SP SP SP SP SP SP SP N N N N

Marina N N N N N N SP N N N N N N N N N N N N N N

Motel, hotel, inn N N N N N N SP Y Y Y Y Y Y Y Y Y Y N Y Y Y Y – Yes; N – No; SP – Special Permit PERMITTED USES BY ZONING DISTRICTS – Table 4.1 BUSINESS USES - Continued RS RS RL RG BO BO BL BG BG BG BG ML ML ML MG MG MG IP IN IN A 10 7 7 5 1 2 1 2 3 4 6 0.5 1 2 0.5 1 2 0.33 S H 1

Motor vehicle/trailer/boat sales, N N N N N N SP Y Y Y Y Y Y Y Y Y Y N N N Y rental

Motor vehicle service, repair, N N N N N N SP Y Y Y SP Y Y Y Y Y Y N N N Y garage, display

Automobile Refueling Station N N N N N N SP SP SP SP SP SP SP SP SP SP SP N N N SP

Office, general (travel agency, auto N N N N Y Y Y Y Y Y Y Y Y Y Y Y Y N N N Y driving school)

Office, professional N N N SP Y Y Y Y Y Y Y Y Y Y Y Y Y N N Y N

Outdoor recreation (for Profit) N N N N N N N SP SP SP SP SP SP SP SP SP SP N N N N

Package store (alcoholic beverage N N N N N N Y Y Y Y Y Y Y Y Y Y Y N N N N sale not to be consumed on premise)

Radio/TV studio N N N N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y N N

Research lab. w/o manufacturing N N N N Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y abilities

Retail Food Sales N N N N N N Y Y Y Y Y Y Y Y Y Y Y N SP SP Y

Retail greater than 50% display N N N N N N SP SP SP SP SP SP SP SP SP SP SP N N N N space outdoors

Retail sales, including retail with N N N N N N Y Y Y Y Y SP SP SP SP SP SP N SP SP Y incidental fabrication assembly

Service shop, personal services N N SP SP SP SP Y Y Y Y Y SP SP SP SP SP SP N SP SP Y

Theatre, motion picture theatre, N N N N N N SP Y Y Y Y Y Y Y Y Y Y N Y N N concert hall

Wholesale business or storage conducted entirely within an enclosed structure, excluding self-storage (with N N N N N N N N Y Y Y Y Y Y Y Y Y Y N N Y noise, dust, fumes, gases and odors confined to the premises). Y – Yes; N – No; SP – Special Permit PERMITTED USES BY ZONING DISTRICTS – Table 4.1 BUSINESS USES - Continued RS RS RL RG BO BO BL BG BG BG BG ML ML ML MG MG MG IP IN IN A 10 7 7 5 1 2 1 2 3 4 6 0.5 1 2 0.5 1 2 0.33 S H 1

Registered Marijuana Dispensary

(provided, not within 300 feet of a residential district n BG and MG N N N N N N N Y Y Y Y Y Y Y Y Y Y N N Y N districts. See Notes to Table 4.1, Note 13) 31, Registered Marijuana Dispensary without cultivation and within 300 feet N N N N N N N SP SP SP SP Y Y Y SP SP SP N N Y Y of a residential district (See, Notes to Table 4.1, Note 13)

Marijuana Cultivator N N N N N N N N N N N SP SP SP SP SP SP N N N SP

Marijuana Independent Testing N N N N N N SP SP SP SP SP SP SP SP SP SP SP N N SP SP Laboratory/Marijuana Research Facility

Marijuana Product Manufacturer N N N N N N N SP SP SP SP SP SP SP SP SP SP N N N SP

Marijuana Storefront Retailer N N N N N N SP SP SP SP SP SP SP SP SP SP SP N N N N

Marijuana Transporter N N N N N N N N N N N SP SP SP SP SP SP N N N N

Micro-Business N N N N N N N SP SP SP SP SP SP SP SP SP SP N N N SP

Marijuana Courier N N N N N N SP SP SP SP SP SP SP SP SP SP SP N N N SP

Marijuana Delivery Operator N N N N N N N N N N N SP SP SP SP SP SP N N N SP

Club, lodge, other private grounds (non-profit and private) allowing on- N N N N N N SP SP SP SP SP SP SP SP SP SP SP N N N N site consumption of marijuana or marijuana products

Self-Storage N N N N N N N SP SP SP SP SP SP SP N N N N N N N Y – Yes; N – No; SP – Special Permit PERMITTED USES BY ZONING DISTRICTS – Table 4.1 MANUFACTURING USE RS RS RL RG BO BO BL BG BG BG BG ML ML ML MG MG MG IP IN IN A 10 7 7 5 1 2 1 2 3 4 6 0.5 1 2 0.5 1 2 0.33 S H 1

Accessory storage of flammable liquids/gases/ explosives (excluding SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP residential use up to 1,000 gallons)

Auction house N N N N N N SP SP SP SP SP SP SP SP SP SP SP N N N N

Auto/truck body or paint shop N N N N N N N N N N N Y Y Y Y Y Y N N N N

Flea Market N N N N N N N N N N SP SP SP SP SP SP SP N N N N

Manufacturing, assembly, processing, packaging, research and other industrial operations, including alternative and/or renewable energy systems, provided N N N N N N SP Y Y Y Y Y Y Y Y Y Y Y N N Y standards in Notes to Table 4.1, Note (7) are met. (See, Notes to Table 4.1, Note (12))

Manufacturing, assembly, processing, packaging or other industrial operations not otherwise permitted above, including alternative and/or renewable energy systems (See, Notes to Table 4.1, Note N N N N N N N N N N N SP SP SP SP SP SP SP N N N (12)), provided there will not be a nuisance of such magnitude as to prevent a reasonable use of nearby premises for the purpose for which they are zoned

Motor freight terminal; N N N N N N N N N N N SP SP SP Y Y Y N N N SP truck/trailer/bus storage or servicing

Open lot storage, underground storage, salvage recycling operations, refuse N N N N N N N N N N N SP SP SP SP SP SP N N N SP transfer station facility: includes flammable liquids/gas

Rail freight terminal & accessory N N N N N N N N N N N Y Y Y Y Y Y N N N N storage place Y – Yes; N – No SP – Special Permit PERMITTED USES BY ZONING DISTRICTS – Table 4.1 MANUFACTURING USE - Continued RS RS RL RG BO BO BL BG BG BG BG ML ML ML MG MG MG IP IN IN A 10 7 7 5 1 2 1 2 3 4 6 0.5 1 2 0.5 1 2 0.33 S H 1

Rendering works and slaughter house N N N N N N N N N N N N N N N N N N N N N

Stable N N N N N N N N N N N SP SP SP SP SP SP N N N N

Steam laundry, dry cleaning, rug N N N N N N SP Y Y Y Y Y Y Y Y Y Y N N N N cleaning establishment or plant

Storage of materials and equipment not enclosed buildings (excluding N N N N N N N N N N N Y Y Y Y Y Y N N N N flammable liquids, gas and/or explosives)

Truck sales/agencies/showroom N N N N N N N SP SP SP N Y Y Y Y Y Y N N N N

Truck servicing and repair garages N N N N N N N N N N N Y Y Y Y Y Y N N N N

Research and Development Facility with Manufacturing Abilities (See, Notes N N N N N N SP Y Y Y Y Y Y Y Y Y Y Y Y Y Y to Table 4.1, Note (12)) Y – Yes; N – No SP – Special Permit TABLE 4.1 Permitted Uses by Zoning Districts Notes to Table 4.1 Note 1. A machine shop or other noisome activity accessory to a school or education center building, which is located in, or within two hundred (200) feet of a Residential or Business Zoning District, shall confine its noise substantially on-site. Note 2. In Residence or Business Office districts no commercial greenhouse or outdoor storage of fertilizer may be within fifty (50) feet of any lot line. Note 3. Where public garages, auto-body shops or paint shops are allowed, all washing, lubricating and repairs must be carried on inside a building. All outside storage of wrecked vehicles or parts shall be screened from the street and neighborhood. Any structure housing repairs shall be designed to confine noise substantially to the premises; any flashing, fumes, gases, smoke and vapor shall be effectively confined to the premises. Note 4. Where an animal hospital, clinic or shelter, kennel or pet shop is allowed, no outdoor animal runs may be located within two hundred (200) feet of a Residential District. Note 5. Where open lot storage of new building materials, contractor’s equipment, machinery or similar materials is allowed, any material, except equipment or machinery stored in unenclosed premises to a height greater than four (4) feet above grade level, shall be surrounded by a visual barrier. Note 6. Where open lot storage of coal, coke, sand or other solid fuel, or similar material, or storage of such material in a silo or hopper, or open lot storage, handling or bailing of second hand lumber or other used building materials, metals, junk, scrap, paper, rags, un-repaired or un-cleaned containers, or other articles of salvage wrecking or dismantling of motor vehicles, or wholesale storage of flammable liquids or gas is allowed, all dust and dirt incident to storage or handling shall be effectively confined to the premises. All storage of salt must be under waterproof cover and placed upon an impervious surface to prevent leaching. Note 7. In ML, MG, BG and IP districts where manufacturing, assembly, processing, packaging, research or other industrial operations are allowed as a matter of right, all resulting odors, gases and particulate matter must be effectively confined to the premises or so disposed of so as to avoid any air pollution; and that all noise, vibration or flashing should not be perceptible normally without instruments either at a point more than three hundred and fifty (350) feet from the premises at any point within the nearest residential district or more than one hundred fifty (150) feet beyond the nearest residential district boundary, whichever point is nearer to the premises. Note 8. In all districts, permitted uses involving biomedical research must conform to City of Worcester Revised Ordinances of 1996, Chapter 8 – Regulations relative to Biomedical Research in the City of Worcester. This Chapter applies to all institutions which experiment with Recombinant DNA (RDNA) technology. All use of RDNA by institutions in the city of Worcester shall be undertaken only in conformity with current and applicable National Institutes of Health (NIH) of the U.S. Department of Health and Human Services guidelines. Note 9. For licensed group homes under M.G.L. Chapter 40A, Section-3, the City must adhere to State mandates relative to their siting and control. Notwithstanding any provisions to the contrary, group homes for mentally and physically disabled persons shall be permitted in all zones in accordance with State law. Note 10. In addition to the special permit review criteria in Article II, a Limited Residential Hospice House shall also conform to the following conditions in order to be eligible for grant of a special permit; a) no more than two (2) persons unrelated by marriage may live in each bedroom within the Limited Residential Hospice House; b) there shall be a maximum of ten (10) bedrooms in the Limited Residential Hospice House; c) no external signs shall be placed on the property, except with the approval of the Board of Appeals; and d) the maximum number of hospice residents in the limited residential hospice house shall not exceed sixteen (16) in number. Note 11. No shooting range or gallery, whether indoor or outdoor, licensed under the provisions of General Laws, Chapter 140, Section-56A and/or Section-131, shall be located within one thousand feet of any exterior property line of the real property comprising a public elementary, vocational or secondary school or within one hundred feet of a public park or playground. Note 12. The permitting process for Research and Development Facilities related to alternative and/or renewable energy industry and for manufacturing of the alternative and/or renewable energy systems will be carried out using a framework of the Massachusetts General Laws, Chapter 43D: Expedited Permitting, except that the permit review and decision period shall be completed within 365 days and shall not require designation as a Priority Development Site. Note 13. No Registered Marijuana Dispensary, with or without cultivation operations shall be sited within a radius of three hundred feet of a public or private, primary or secondary school, licensed daycare center, public library, public park or playground, or another RMD. The 300’ distance under this note shall be measured in a straight line from the nearest point of the facility in question to the nearest point of the proposed RMD. Note 14. Except for the conversion of a Registered Marijuana Dispensary to an Adult Use Marijuana Establishment, no Marijuana Establishment shall be sited within a radius of five hundred feet of a public or private, primary or secondary school, licensed daycare center, public library, public park or playground, nor for a Marijuana Storefront Retailer sited with a radius of five hundred feet of another Marijuana Storefront Retailer. The 500 foot distance under this note shall be measured in a straight line from the nearest point of the facility in question to the nearest point of the proposed Marijuana Establishment. Note 15. A Club, lodge, other private grounds (non-profit and private) allowing on-site consumption of marijuana or marijuana products shall obtain a special permit and conform to the special permit requirements set forth in Article IV, Section 15 relative to Adult Use Marijuana. Note 16. A Marijuana Product Manufacturer or a Micro-Business located in a Business zoning district is limited in size to no more than 5,000 square feet, excluding parking areas. Note 17. In addition to the special permit review criteria in Article II, the SPGA shall approve a new or expanded self-storage facility only upon additionally finding that (1) demand for self-storage exists both locally in proximity to the proposed site as well as overall in the city as demonstrated by a current market assessment; (2) that conditions make the site poorly suited for other permitted uses; (3) that adequate access can be provided without adversely affecting neighboring uses or the public realm, and (4) that structures with architectural or historical integrity will be appropriately preserved or improved, and that no such structures have been demolished within the past five (5) years to prepare the site for redevelopment. Note 18. Use allowances and restrictions specified by any overlay district, including but not limited to the Commercial Corridor Overlay District, Adaptive Reuse Overlay District, and Water Protection Overlay District, shall take precedence over the designations in Table 4.1, as applicable.

The placing, filling or dumping of snow and ice or earth, including soil, loam, sand, gravel, clay, stone, quarried rock or other subsurface products, except water, is permitted in all districts if such placing, filling or dumping is entirely incidental to:

During construction for any of the activities in Section-5(A)(1) above, all disturbed areas of land shall have erosion control to prevent damage to any adjacent properties. Erosion control methods shall be approved by the Director of Code Enforcement or the Commissioner of the Department of Public Works & Facilities, as applicable, and shall be installed prior to construction. The Director of Code Enforcement or the Commissioner of the Department of Public Works & Facilities, as applicable, may require certification by a registered professional engineer of erosion control methods prior to the issuance of any building permit.

All earth placing, filling or dumping incidental to the activities in Section-5(A)(1) above, shall have finished slopes at no greater than two and one half to one (2.5:1) without providing some form of slope protection or retaining walls. Any slope protection method or retaining wall shall receive the approval of the Director of Code Enforcement or the Commissioner of the Department of Public Works & Facilities, as applicable, prior to its installation. The Director of Code Enforcement or the Commissioner of the Department of Public Works & Facilities, as applicable, may require certification by a registered professional engineer of such protection prior to the issuance of any building permit.

All other earth placing, filling or dumping, including snow and ice, shall be permitted only upon grant of a special permit from the Zoning Board of Appeals. The Zoning Board of Appeals may issue a special permit for the placing, filling or dumping of earth or other material, including ice and snow, after a report by the Director of Public Health and the Conservation Commission subject to the following conditions:

The Zoning Board of Appeals shall make a finding of approval, approval with conditions or disapproval. Any finding shall be in writing and shall be directed to one (1) or more of the standards provided above.

The removal of earth, including soil, loam, sand, gravel, clay, stone, quarried rock or other subsurface products except water, is permitted in all districts if such material is entirely incidental to:

During construction for any of the activities in Section-5(B)(1) above, all disturbed areas of land shall have erosion control for the protection of adjacent properties. Erosion control methods shall be approved by the Director of Code Enforcement or the Commissioner of the Department of Public Works & Facilities, as applicable, and shall be installed prior to construction. The Director of Code Enforcement or the Commissioner of the Department of Public Works & Facilities, as applicable, may require certification by a registered professional engineer of the erosion control methods prior to the issuance of any building permit.

Any earth removal incidental to the activities in Section-5(B)(1) above, shall have finished slopes of no greater than two and one half to one (2.5:1) without providing some form of slope protection or retaining wall. Any slope protection method or retaining wall shall receive the approval of the Director of Code Enforcement or the Commissioner of the Department of Public Works & Facilities, as applicable, prior to its installation. The Director of Code Enforcement or the Commissioner of the Department of Public Works & Facilities, as applicable, may require certification by a registered professional engineer of slope protection prior to the issuance of any building permit.

All other earth removal shall be permitted only upon grant of a special permit from the Zoning Board of Appeals. The Zoning Board of Appeals may issue a special permit for removal of earth after a report by the Commissioner of Public Health and the Conservation Commission subject to the following conditions:

The Zoning Board of Appeals shall make a finding of approval, approval with conditions or disapproval. Any finding shall be in writing and shall be directed to one (1) or more of the standards provided above.

Promote safety along City sidewalks, streets and highways with respect to signs and effectively control signs in complex driving environments.

Effectively regulate the proper maintenance of signs.

Provide for the appropriate number, placement, scale, illumination, type and use of signage that:

Permits and Inspections

any change or substantial extension of such use; and

any building or special permit issued after the first advertisement of the public hearing required under M.G.L. c. 40A, § 5; and

to any reconstruction, extension or structural change of a structure; and

to any alteration of a structure begun after the first advertisement of the public hearing required under M.G.L. c. 40A, §5 to provide for its use for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent.

any alteration, extension or structural change to a single or two-family residential structure where such action(s) does not increase the nonconforming nature of said structure; and

any building permit issued for the purpose of strengthening or restoring to a safe condition any building or part thereto declared unsafe by the Director of Code Enforcement.

Privileged nonconforming uses may be extended, altered or changed upon the grant of a special permit by the Zoning Board of Appeals that:

Notwithstanding anything to the contrary in the preceding Section-4(C)(1) a privileged nonconforming use may be changed to provide for a different nonconforming use but such change shall be limited to nonconforming uses of a similar nature and the provisions of Sections 4(C)(1) and 4(C)(3) must be satisfied, as applicable.

The change of a privileged nonconforming use to a use that is an allowed use (not specially permitted) in the zoning district is a change that is allowed as of right, provided it is not a change to a privileged nonconforming structure as well. If the locus is also a privileged nonconforming structure, the provisions of Section D, below, must be satisfied.

The change of a privileged nonconforming use to a use that is allowed in the zoning district by special permit shall require the grant of such special permit by the applicable special permit granting authority.

Privileged nonconforming structures may be extended, altered or changed upon the grant of a special permit by the Zoning Board of Appeals that,

By Revision – If a privileged nonconforming use reverts to a use permitted in the district in which it is located, it may not be changed again to any use prohibited in the district. If a privileged nonconforming use is changed to a more restricted use, it may not be changed back to the previous use or to another nonconforming use.

By Destruction – If a privileged nonconforming use or structure is damaged or destroyed by explosion or other natural or non-natural disaster, such use or structure may be rebuilt or restored and used again as previously, provided the rebuilding or restoration is completed within two (2) years after the damage occurred. The structure as rebuilt may not be greater in volume or floor space than the original structure.

By Abandonment of Use or Structure – If a nonconforming use or structure is abandoned, it may not be rehabilitated thereafter. Unless the Director of Code Enforcement shall determine sooner, a use or structure shall be presumed abandoned if over a period of two (2) years the use and/or use of the structure has discontinued, except as to agriculture, horticulture, or floriculture where abandonment must be at least five (5) years.

other adult entertainment establishment; or

establishment licensed under the provisions of G.L. c. 138, §12; or

a free public library; nor shall a special permit be granted for any proposed adult entertainment establishment where the “point of entry” to any such building or structure containing the adult entertainment use is within five hundred linear feet of property zoned for residential purposes unless such point of entry and the residential zone are separated by Interstate Highway290, in which case the extent of the buffer zone shall be limited by the boundary of Interstate Highway 290. For purposes of this section, “point of entry” shall mean the midpoint of any doorway where patrons of the adult entertainment will enter and exit the building or structure to contain such adult entertainment use to and from any public way, private way or off- street parking area available for use by such patrons.

No bed and breakfast establishment shall be operated without first being granted a special permit from the Zoning Board of Appeals and a certificate of occupancy pursuant to the Massachusetts State Building Code.

Within each detached single-family dwelling issued a special permit for a bed and breakfast establishment, there may be a maximum of six (6) guestrooms that are rented as bed and breakfast units. The bed and breakfast establishment shall not occupy more than 50 percent of the gross floor area of the residence, excluding closet space, storage space, and hallways.

A special permit shall be issued only to the owner of the property and shall not be transferable. Any changes in ownership of the property shall require a new special permit.

Food for a fee may be served only to overnight guests.

Notwithstanding any provisions to the contrary in Article IV, Section-6 (Signs), signage shall be limited to one attached wall or window sign, not to exceed three

square feet, mounted on the building and one ground sign, single- or double- faced, permanently anchored five (5) feet or less above grade, as approved by the Director of Code Enforcement, not to exceed three (3) square feet per face, not to be internally illuminated, not located so as to obstruct traffic visibility across street corners, and located no closer than five (5) feet to any lot line.

The architectural character of the dwelling shall be maintained or designed in the case of new construction as a single-family dwelling unit.

A plot plan certified by a registered engineer or registered professional land surveyor locating all existing and proposed structures and appurtenances, any changes to existing grade, and all boundary/property lines and easements.

A floor plan, drawn to scale, of the single-family dwelling showing each of the bed and breakfast guestrooms and the access to, and egress from, each such guestrooms and each guestroom’s relationship to an adequate bathroom. The area(s) where breakfast is to be prepared and served shall be designated.

An off-street parking plan showing that one off-street parking space per bed and breakfast guestroom, in addition to the number of parking spaces required for the existing dwelling, shall be provided without causing undue burden on the neighborhood. Off-street parking shall be prohibited from the prescribed building front yard and restricted to the sides and rear of the premises.

A presentation of all proposed exterior structural changes sufficient to show that the architectural character of the dwelling is maintained as a single- family dwelling unit.

The relationship of the proposal to other planning considerations of the area and the city of Worcester as a whole, including the plans, programs, and policies of other departments and agencies of the government:

The proposed site plot plan, including the relationship of different uses on the site and any other matters that are within the Zoning Board of Appeals’ jurisdiction;

The location and design of vehicular access and parking facilities;

The number of parking and loading facilities;

The impact of outdoor lighting.

Roof-mounted: Mounted on the roof of a building.

Side-mounted: Mounted on the side of a building.

Ground-mounted: Mounted on the ground.

Structure-mounted: Mounted on a structure other than a building.

Interior-mounted: Mounted within a building such that the Personal Wireless Service Facility is not visible from the exterior of the building/structure. OMNIDIRECTIONAL (WHIP) ANTENNA – A thin rod that beams and receives a signal in all directions. PANEL ANTENNA – A flat surface antenna usually developed in multiples. PERSONAL WIRELESS SERVICE FACILITY – Facility for the provision of personal wireless services. PERSONAL WIRELESS SERVICES – Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services [47 U.S.C.

Application It is the intent of this Ordinance that all new buildings and land uses be provided with sufficient space located off-street for:

Jurisdiction The Zoning Board of Appeals, by special permit, shall have the authority to modify the parking dimensional and layout requirements specified in Table 4.4 Notes 2(b), 3 and 5; the loading requirements specified in Table 4.5; and, the number of required parking spaces specified in Table 4.4, up to one (1) parking space, or a maximum of ten percent (10%), whichever is greater, where it is demonstrated that with such modification there will be adequate space for off-street parking and/or loading to provide for the needs of the subject building or use. The Planning Board shall be the approving authority for parking lots with 16 or more spaces. Such approval shall be required prior to the issuance of the building permit. The Planning Board shall examine said parking plans with respect to access, drainage, capacity, circulation, compatibility, safety to pedestrians and vehicles using the facilities and using abutting streets and shall integrate such considerations into the review process. Any projects that have received approval under the site plan review procedures, Article V, shall be deemed to have received parking lot approval under this Article. Parking plans and loading plans submitted for approval should identify elevations and contours of the finished site, existing rights of way, entrances and exits, driveways, aisles, parking spaces, loading spaces, circulation, capacity, drainage, lighting, berms, curbing, fences, walkways, landscaped areas and other design features. The procedures provided in Article V, including those for administration, fees, powers, hearing, and time limits shall apply to approvals by the Planning Board for parking lots under its jurisdiction. The Director of Code Enforcement shall be responsible for the enforcement of the Planning Board approval to ensure that the parking lot is constructed and maintained in accordance with that approval. Lots shall be re-examined periodically commensurate with the certificate of inspection (as required by the State Building Code) or not less than once every two (2) years where a certificate of inspection is not required.

Design Standards In review of a plan with respect to parking and/or loading plan, the Planning Board shall review the plan in respect to access, drainage, including detention/retention ponds, capacity, circulation, safety to pedestrians and vehicles using the facility and the abutting streets, finished grades, lighting, berms, curbing, fencing, walkways and landscaping. All off-street parking and loading facilities shall be provided with adequate vehicular access. Backing directly onto a street shall be prohibited except for single, two, and three family residences. Adequate ingress and egress to the parking facilities by means of clearly limited and defined drives shall be provided for all vehicles. Said access should be limited to well defined locations away from street intersections, and in no case shall there be unrestricted access along the length of a street. Parking and loading areas shall be arranged for convenient access, egress and safety to pedestrians and vehicles. All lighting used to illuminate any off-street parking or loading facility shall be installed so that direct rays from such lighting shall not cause a public nuisance to adjacent property. All off-street parking and loading facilities shall be maintained by the owner or operator in good repair, neat orderly in appearance and free from refuse and debris. Storage of snow in parking or loading facilities shall be arranged so as not to unduly reduce sight distances and visibility at entrances and exits and aisle intersections.

Decisions The Planning Board shall act on applications for projects not otherwise subject to site plan approval under Article V within sixty-five (65) days of filing, unless a time extension is mutually agreed to by an applicant and the Planning Board.

Off-Street Parking Off-street parking spaces are to be provided according to the units of measurement as shown in Table 4.4 except as otherwise provided in this Ordinance. Multiple uses require space calculations for each applicable use. Capacities and areas include outdoor use where applicable. In computing required spaces, any fraction thereto shall require a full parking space. Utility, energy, corridor, stairway, restroom, and building maintenance areas are exempt from space assignment.

Off-street Loading Off-street loading is to be provided for Business, Manufacturing, Institutional and high-rise Residential uses according to the units of measurement as shown in Table

Drive-through Service

Prior to any construction, reconstruction, alteration or extension of a non-accessory parking lot or display lot, a plan thereof shall be reviewed for compliance with the requirements of this ordinance. Plans of non-accessory parking lots or display lots containing nine (9) or more total spaces shall be reviewed and approved by the Planning Board.

The Planning Board shall examine non-accessory parking lot plans and display lot plans with respect to the following:

Display lot plans and non-accessory parking lot plans submitted for approval shall be prepared by a Professional Engineer, unless this requirement is waived by the Planning Board. The Planning Board shall adopt reasonable rules and regulations governing the submission, form and content of display lot plans and non-accessory parking lot plans.

Whenever a project involving the construction, reconstruction, alteration or expansion of a display lot otherwise requires Site Plan Review under Article V of this ordinance, such review shall incorporate the requirements of this subsection, and approval under Article V shall be deemed approval hereunder as well.

Where a project requires review and approval under both Subsections A and B of Article IV, Section-7, only one filing shall be made and only one fee shall be assessed.

The Planning Board shall act on applications hereunder, not otherwise subject to

A land use not otherwise allowed as a predominant or main use in the zoning district under the applicable use regulations of this ordinance shall be allowed as an accessory use, provided:

In any district the total area devoted to accessory uses, excluding parking or yard gardens, may not exceed the following:

The Director of Code Enforcement may grant a permit for a nonconforming temporary structure or use incidental to a building development, where reasonably required for such development. Such permit may be issued for an initial period of not more than one (1) year and may be renewed by the Director of Code Enforcement for successive periods of not more than one (1) year each.

A mobile home used as a dwelling may be permitted by the Director of Code Enforcement on a temporary basis, for a period not to exceed ninety (90) days, while a permanent dwelling or other building is being built. Such permit may be renewed by the Director of Code Enforcement for successive periods of not more than ninety- (90) days each. Said permit may not be renewed more than three (3) times.

The total area devoted to accessory uses, excluding parking, private garages, swimming pools, and yard gardens may not exceed the following:

A private unattached garage located on the same lot with the building to which it is accessory may be provided with a maximum floor area of ten (10) percent of the lot area or seven hundred fifty (750) square feet whichever is larger. Larger private garages may be allowed by special permit of the Zoning Board of Appeals.

A private swimming pool may be constructed within a required rear yard having an area in excess of the maximum coverage of ten (10) percent allowed above for an accessory building provided that such pool shall be no closer than six (6) feet to the property lines and is enclosed by a separate four (4) foot high fence. Any structure built in conjunction with a swimming pool shall be classified as an accessory building unless it is a part of the main building on the lot.

No accessory building or use may occupy any part of a required front yard or exterior side yard, except for driveways and parking facilities in accordance with the requirements of Article IV, Section-7, yard gardens without farm structures, farm stands, or as provided for in Article XVI, Section-3.

In RL and RG residence districts only one (1) commercial vehicle may be kept on one (1) lot and it may not exceed ¾ ton in carrying capacity. The same may be allowed in RS districts if garaged.

Animals or birds, other than customary household pets, are excluded in all residential districts, provided however, that Racing/Carrier pigeons shall be an allowed accessory use in RS-7 districts.

A newsstand, barber shop, dining room, or similar service for resident occupants and guests may be allowed in any multiple unit residential development of not less than twenty (20) units; an inn with more than eight (8) rooms; hotel or motel with more than fifty (50) rooms; or hospital.

The renting of rooms by a resident family may be allowed in a Residential District to not more than two (2) non-transients provided that no more than three (3) persons, who are not within the second degree of kinship, are living in a dwelling unit.

Yard sales may be conducted on the premises of the owner or tenant, provided said sale does not occur more than three (3) days per year and all sale goods shall be limited to personal property used previously by the occupant.

Unless provided herein, no accessory building or structure separate from the main building, including a private swimming pool may exceed fifteen (15) feet in height, nor be located closer to any lot line than five (5) feet.

A home occupation shall be allowed in Residential districts subject to the following limitations:

No accessory building or use may occupy any part of a required front yard or exterior side yard, except for driveways and parking facilities in accordance with the requirements of Article IV, Section-7, yard gardens without farm structures, farm stands, or as provided for in Article XVI, Section-3.

A dwelling structure accessory to an industrial use may be allowed in a manufacturing district but only for such persons as may be required to reside on the premises for the safe and proper operation of the primary use.

Refuse transfer station facilities are considered accessory uses provided the following requirements are met:

Refuse transfer station facilities are not allowed as accessory uses in residential zones, except during demolition and construction.

Refuse transfer station facilities as accessory uses shall be set back a minimum of 50 feet from any adjacent residential zone.

Common driveways that serve three (3) or more lots are prohibited except through the issuance of Special Permit by the Planning Board.

Common driveways cannot be used to satisfy or calculate frontage requirements.

The construction of common driveways must be in accordance with the standards outlined in the City of Worcester Subdivision Control Regulations.

Common driveways must access the lots over approved frontage.

Common driveways may not exceed three hundred (300) feet in length.

Purpose and Intent The purpose of this Section is to advance the public good by enabling the creation and expansion of new, diverse housing opportunities intended to increase the supply of healthy, accessible, affordable, and sustainable living spaces that address varied housing needs. Accessory Dwelling Units provide flexibility for diverse housing types and enable more opportunities for intergenerational living environments and provide rental income for homeowners while encouraging the efficient use of the existing housing stock and infrastructure and preserving the character of the neighborhoods.

Definitions ACCESSORY DWELLING UNIT (ADU): An Accessory Dwelling Unit (ADU) is a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a Principal Dwelling, subject to otherwise applicable dimensional and parking requirements, that maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the Principal Dwelling, sufficient to meet the requirements of the Building Code and Fire Code for safe egress. An ADU may be detached, attached, or internal to the Principal Dwelling. An ADU is not to be considered when determining the use classification of a lot for zoning purposes. PRINCIPAL DWELLING: A structure, regardless of whether it, or the Lot it is situated on, conforms to zoning, including use requirements and dimensional requirements, such as setbacks, bulk, and height, that contains at least one Dwelling Unit and is, or will be, located on the same Lot as an ADU. GROSS FLOOR AREA (GFA): The sum of the areas of all stories of the building of compliant ceiling height pursuant to the Building Code, including basements, lofts, and intermediate floored tiers, measured from the interior faces of exterior walls or from the centerline of walls separating buildings or dwelling units but excluding crawl spaces, garage parking areas, attics, enclosed porches and similar spaces.

Notwithstanding anything to the contrary in Article IV, Section 8A-F, Article V, or Article XVI, Section 4 of this Ordinance, Accessory Dwelling Units shall be allowed by right, as an accessory use, in all zoning districts as determined by Table 4.1, in accordance with the requirements set forth herein.

Use Regulations

Dimensional Regulations There shall be no more than one (1) ADU per lot, in accordance with the following dimensional requirements:

Parking: ADUs shall not require additional off-street parking spaces. However, the addition of an ADU shall not eliminate existing parking spaces that are otherwise required by this Ordinance from a lot (e.g., if an ADU is constructed in an existing parking facility).

Where the standards listed above in this Section 8(G)(5)(a) through (d) related to dimensional regulations and Section 8(G)(6), related to parking, are not met, the Planning Board may approve modifications through a Special Permit in accordance with the requirements set forth in Article II, Section 6 of this Ordinance.

Limited in RL districts, provided the structure as converted contains no more than two (2) units.

External appearance of the structure remains unchanged except for new doors and windows, fire escapes and stairways. Fire escapes and stairways must be in the rear of the structure where practical.

The structure, as converted, satisfies the dimensional standards and parking requirements of this Ordinance.

The dimensional standards in A(3) above may be altered by special permit of the Zoning Board of Appeals.

External appearance of the structure remains unchanged except for additional doors and windows, fire escapes and stairways. Fire escapes and stairways must be in the rear of the structure where practical.

The structure, as converted, satisfies the dimensional standards and parking requirements of this Ordinance.

The dimensional standards in B(2) above, may be altered by special permit of the Zoning Board of Appeals.

If a substantial use thereof has not commenced within six months from the date of the grant thereof, including such time required to pursue or await the determination of an appeal, except for good cause; or, in the case of a permit for construction, if construction has not begun by such date, except for good cause; or,

Thirty days after the date of a conviction under the provisions of G.L. c. 119, §63, or G.L. c. 272, §28 by any person having an interest in said adult entertainment establishment, unless said person divests him or herself of such interest by such date; or,

Immediately whenever any person having been convicted of violating M.G.L. c. 119, §63, or G.L. c. 272, §28 shall acquire an interest in said adult entertainment

Use Regulations - A Personal Wireless Service Facility shall be permitted as follows:

Location Applicants seeking approval for Personal Wireless Service Facilities shall comply with the following:

Dimensional Requirements Personal Wireless Service Facilities shall comply with the following requirements:

Design Standards Visibility/Camouflage. Personal Wireless Service Facilities shall be camouflaged as follows:

Equipment Shelters Equipment shelters for Personal Wireless Service Facilities shall be designed consistent with one of the following design standards:

Lighting and Signage

Signs shall be limited to those needed to identify the property and the owner and warn of any danger. All signs shall comply with the requirements of

Residential 5 or More Dwelling Units (DU)

Manufacturing 20,000 sq. ft.

Business 10,000 sq. ft.

General 15,000 sq. ft.

Slope* 15% or greater

Properties listed on the National Registry of Historic Places and Properties abutting National Register sites * The slope threshold is triggered in the following manner:

Within any area of earth moving and/or earth alteration which contains a slope of 15% or greater.

The Planning Board shall review and approve all uses and structures subject to Section-2 above. Approvals require an affirmative vote of three (3) members of the Planning Board. The Planning Board shall adopt reasonable rules and regulations governing the submission, form and procedures for site plan review and shall make them readily available to the public. These rules and regulations shall in no way conflict with other provisions of the laws of the City of Worcester or the Commonwealth of Massachusetts. These rules and regulations shall be guided by the requirements and standards as enunciated in this Article with the Planning Board specifically provided with the necessary latitude to devise such rules and regulations it deems appropriate to achieving the purposes and intent herein provided. These rules and regulations may also provide for time periods for the review of and action on applications, which differ according to the degree of complexity of the application, except that no time period may exceed sixty-five

days (excepting an extension mutually agreed upon with the applicant). It is the intent of this provision to ensure timely review for applications.

The Planning Board may establish and charge as needed fees for the review of site plan review proposals. These fees shall reflect the time and detail required by the Planning Board and/or its designee(s) to responsibly conduct its review and may include provisions requiring the applicant to bear the costs of any and/or all of the ordinary and/or unusual time and/or services associated with the review.

The Planning Board may waive fees or site plan approval when such approval is done in conjunction with applications for approval under the Subdivision Control Law.

days of the filing of an application with the Planning Board. The procedure for public meeting shall be as provided in Massachusetts General Law with the provision that all abutters be notified by mail and as may be further specified in the rules and regulations adopted hereunder by the Planning Board with the following specific provisions:

It shall be the applicant’s responsibility to prepare the list of names and addresses of all parties of interest to be certified by the City Assessor as defined in Article II, Section 9(B).

The applicant shall pay the cost of mailing the meeting notices, which shall be done by the city.

Any significant natural, topographical or physical features of the property, including but not limited to wetland resource areas as defined in M.G.L. Ch. 131, Section-40;

The number, use and description of proposed buildings and existing buildings, including height, floor area ratio, total ground coverage and number of dwelling units;

Dimensions and number of all vehicular and pedestrian circulation elements, including streets and roadways, driveways, entrances, curbs, curb cuts, parking spaces, loading spaces, access aisles, sidewalks, walkways and pathways;

All existing and proposed surface and subsurface drainage facilities, including detention or retaining ponds;

The total area of all useable open space or common property and the extent to which it is to be improved;

Impact upon traffic and pedestrian movement, police and fire protection, water and sewer and public roadways;

Such other and further information or documentation as the Planning Board may deem to be necessary and appropriate to a full and proper consideration and disposition of the particular application; Within forty-five (45) days of submission of a preliminary application, the Planning Board shall specify in writing that the preliminary application has been approved, that the plan has been approved with modifications suggested by the Planning Board, or the specific issues of potential adverse impacts to the standards set forth for site plan review not resolved by the preliminary application. The Planning Board shall further specify the issues to be addressed by the formal application for site plan review, which description shall supercede the requirement for submittal of a formal application for site plan review.

The applicant’s name, address, and interest in the subject property.

The owner’s name and address, if different than the applicant, and the owner’s signed consent to the filing of the application.

The street address and/or legal description of the property.

The zoning classification and present use of the property.

The proposed use or uses and a description of the proposed development, including as appropriate, descriptions of development, scheduling, operation upon completion and method of maintaining any designated open space.

An Impact Statement analyzing how the proposed development impacts upon each of the standards for review provided herein, with particular reference to how the proposed development will impact upon the natural, built and operating systems of the City including open space, housing, traffic and pedestrian movement, education, police and fire protection, water, sewer, roads, recreation and other similar amenities.

A site plan drawn to a scale of not less than forty (40) feet to the inch, on one or more sheets, prepared by a registered engineer, illustrating the proposed development and use with appropriate title block information to identify location, applicant, owner and party responsible for preparing the plan and including the following:

Adequacy and arrangement of vehicular traffic access and circulation including intersections, road widths, pavement surfaces, dividers and traffic controls.

Adequacy and arrangement of pedestrian traffic access and circulation, walkway structures, control of intersections with vehicular traffic and overall pedestrian convenience.

Location, arrangement, appearance and sufficiency of off-street parking and loading.

Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.

Adequacy of stormwater and drainage facilities.

Adequacy of water supply and sewerage disposal facilities.

Adequacy, type and arrangement of trees, shrubs and other landscaping elements in accordance with the Landscaping Design Standards set forth in Article V, Section-5(C).

In the case of an apartment complex or other multiple dwelling, the adequacy of useable common property or open space.

Protection of adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features.

Adequacy of fire lanes and other emergency zones and the provisions of fire hydrants.

Special attention to the adequacy of structures, roadways and landscaping in areas with susceptibility to ponding, flooding and/or erosion.

Adequacy of erosion and sedimentation control measures to be utilized during and after construction.

Conformance of the site design with the purposes and intent of the Worcester Zoning Ordinance.

Conformance and compatibility of the site plan design with structures listed in the most recent State Register of Historic Places.

Adequacy and impact on the regional transportation system.

Adequacy of plans and protective measures to ensure minimal risk of contamination to surface or ground water.

Landscape Screening

feet in height and at least fifty percent (50%) perforated. Decorative appropriate for sidewalk edges. A landscape screening area adjacent to an abutting residential use shall be four (4) to seven (7) feet in height. Fencing shall be located up to or within a three-foot distance from the property line. Such fencing shall be opaque. High fences that cover long distances shall have surface textures to minimize their size. A wooden shadowbox fence is an effective screen between properties. In general, chain link fencing is to be discouraged. If chain link fencing is used, it shall be limited to small areas and shall be vinyl-coated chain link. The Planning Board shall determine the color of the vinyl coating to be used.

To preserve, protect and maintain floodplains.

To ensure public safety through reducing the threats to life and personal injury.

To reduce damage to public and private property resulting from flooding waters.

To control land uses which cause damaging increase in erosion, siltation, turbidity, flood heights and flood velocities.

To preserve the natural flow pattern of watercourses providing safe and adequate flood water storage and runoff capacity.

To protect, preserve and maintain the water table and water recharge areas.

To encourage a suitable system of ponding areas to permit the temporary retention of water runoff.

To prevent the development of structures unfit for human usage by reason of danger from flooding, unsanitary conditions or other hazards.

To consider floodplain management programs in neighboring areas.

To help preserve and enhance property values.

To provide for public awareness of the flooding potential.

To require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.

To eliminate costs associated with the response and cleanup of flooding conditions.

To prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.

To minimize the need for rescue and relief efforts associated with flooding.

To eliminate new hazards to emergency response officials.

To prohibit nonessential or improper installation of public facilities and utilities in flood prone areas.

To 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.

To divert development to areas safe from flooding in order to reduce flood damages and prevent environmentally incompatible floodplain uses.

To preserve flood prone areas for open space purposes.

To insure that potential buyers are notified that property is in a flood prone area.

To eliminate costs associated with .

To achieve these purposes in a manner consistent with all other applicable ordinances of the City of Worcester, the General Laws of the Commonwealth of Massachusetts and laws of the United States of America.

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;

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

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

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

Built on a single chassis;

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

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

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

Require 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.

Review permits for proposed development to assure that all other necessary permits have been obtained from those Federal, State or local governmental agencies from which prior approval is required.

Notify adjacent communities and the State coordinator at the Division of Water Resources, Water Resource Commission, Massachusetts Department of Environmental Management and the Worcester Conservation Commission prior to any alteration or relocation of a watercourse and submit evidence of such notification to FEMA.

Assure that maintenance is provided within the altered or relocated position of any watercourse so that the flood carrying capacity is not diminished.

Obtain and maintain records of elevation certificates and floodproofing certificates for all new or substantially improved structures, whether or not such structures contain a basement.

Obtain certification from a registered professional engineer and/or architect when floodproofing is used for a particular structure.

Obtain certification from a registered professional engineer, land surveyor, and/or architect on an elevation certificate when elevation is used for a particular structure prior to construction or substantial improvement and upon completion thereof.

Determine the exact location of the Floodplain Overlay District and the areas of special flood hazards, particularly where there is a conflict between a mapped boundary and actual field conditions.

Obtain and review any base flood elevation data available from a Federal, State or other source in order to administer the provisions of this article.

The location, boundaries, elevations and dimensions of each lot.

North-point-basis of bearing, date, scale and legend.

The name and address of the record owner, developer and the registered professional civil engineer or professional land surveyor.

Names and addresses of owners of adjacent lots as disclosed by the most recent records of the Department of Administration & Finance, Assessing Division.

Location, names, elevations and dimensions of adjacent streets.

Two (2) foot contours of the existing and proposed land surface.

Locations and elevations of existing and proposed structures, fill, storage of materials, watercourses, drainage easements, means of access, water supply, drainage and sewage disposal facilities.

The locations and elevations of existing flood boundary and floodway.

The maximum rent for an affordable housing unit shall not exceed thirty percent (30%) of the gross income for the household based on the qualifying Area Median Income restriction, including the utility allowance published annually by HUD. The maximum rent shall also not exceed the FMR published annually by HUD.

Affordable housing units for sale must have a sale price that will not exceed the amount that an income-eligible household can obtain financing for through prevailing conventional or affordable mortgage products available to the general public. The sale price shall also not exceed the median sales price for the property type at the time of sale published by the Massachusetts Multiple Listing Service for the city of Worcester.

Affordable units shall be indistinguishable from market-rate units in building materials, finishes, appliances, and overall construction quality.

The mix of bedroom sizes for the affordable units shall be comparable to the overall mix in the development.

The dwelling square footage for affordable units shall be comparable to the square footage of market-rate units.

Any required accessible or adaptable units in the project shall have a mix of affordable and market-rate units equal to the proportion of affordable and market-rate units for the overall project.

The affordable units shall not be grouped together, but distributed throughout the development.

Occupants of affordable units shall have equal access as occupants of market-rate units to any of the building’s common areas and amenities.

Density Bonus and Dimensional Relief – Eligible Developments are entitled to an increase in the maximum number of units permitted in the zoning district of an additional percentage equal to the percentage of affordable units plus five percent (5%) up to a maximum twenty-five percent (25%) density bonus. In RG-5 zones, the maximum density bonus shall be limited to fifteen percent (15%) to prevent overcrowding. Said increase in units shall not require additional lot area, frontage, or parking, or increase floor-area-ratios as part of this entitlement.

Off-Street Parking and Loading –

The number of lots may not exceed the number permitted on the parcel determined by dividing the parcel size minus land subject to the Wetlands Protection Act and minus twenty-five (25) percent of the lot, by the minimum lot area per proposed use in zoning district. Where the applicant provides sufficient active and/or passive recreation area on the site, as determined by the Planning Board, that portion of the parcel subject to the Wetlands Protection Act utilized in this calculation may be reduced fifty (50) percent, but in no case shall total density exceed fifteen (15) percent of that allowed at the one hundred (100) percent level. Gross Sq. Footage – Ch. 131 Land – 25% of site Minimum Lot Area per Proposed Use in Zoning District

The cluster lots may be no less than fifty (50) percent of the minimum lot size in the zone.

Frontage, setback and side and rear yard dimensions shall be guided by the characteristics of the site, proposed structures and nature of the existing built environment in the area of the proposed cluster subdivision. Zero lot line development is permitted.

A maximum of forty (40) percent of each developed lot may be impervious surface.

A least twenty-five (25) percent of the net site (calculated as the gross area minus the area dedicated to road right of way) must be permanently committed as open space. The designated open space must be accessible and capable of being used. It cannot be constituted only of “unbuildable land”. Where density bonuses are given, the open space requirement may be proportionally decreased to twenty (20) percent of the net site. Such open land shall either be conveyed to the City and accepted by it for park or open space use, or be conveyed to a non-profit organization the principal purpose of which is the conservation of open space or be conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the subdivision. If such a corporation or trust is utilized, ownership thereof shall pass with conveyances of the lots or residential units. In any case where such land is not conveyed to the City, a restriction enforceable by the City shall be recorded providing that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadway. Said land shall not be used in any other project or for calculation of units, area, setback requirements or any other purpose.

The submittal requirements and review standards including administration, application, submission requirements, fees, powers, hearings and time limits shall be those as provided in Article II and Article V. In addition, such subdivision rules and regulations as may be in force are applicable relative to standards for roadways, utilities, drainage and other aspects of site development and submittal format.

The number of dwellings may not exceed the number permitted on the parcel determined by dividing the parcel size minus land subject to the Wetlands Protection Act and minus twenty-five (25) percent of the lot, by the minimum lot area per proposed use in zoning district. Gross Sq. Footage – Ch. 131 Land – 25% of site Minimum Lot Area per Proposed Use in Zoning District

The single-family units may be attached, detached or a combination of both as permitted in the underlying zone. For the purposes of this section, a use allowed by special permit in the underlying zone shall be considered a use permitted in the underlying zone. Each unit must have private/direct entries and yard areas immediately adjacent to the unit for the private use of the unit occupants.

The entire site shall be designed to and shall remain in one ownership and shall be developed and maintained as a unit, excepting for units, private yards and other similarly designated spaces for private use and/or ownership. The Planning Board shall determine that the design and ownership scheme assures unified control and maintenance of all land not so individually owned.

Unit placement and configuration shall be guided by the characteristics of the site, proposed structures and nature of the existing built environment in the area of the proposed cluster subdivision.

A maximum of forty percent (40%) of the site may be impervious surface.

A contiguous portion of at least (40) forty percent of the net site (calculated as the gross area minus the area dedicated to roadway) must be permanently committed as open space. The designated open space must be accessible and capable of being used. It cannot be constituted only of “unbuildable land”. Where density bonuses are given, the open space requirement may be proportionally decreased to thirty- five (35) percent of the net site. Such open land shall either be conveyed to the City and accepted by it for park or open space use or be conveyed to a non-profit organization the principal purpose of which is the conservation of open space or to be conveyed to a corporation or trust owned or to be owned by the owners of lots or residential units within the development. If such a corporation or trust is utilized, ownership thereof shall pass with conveyances of the lots or residential units. In any case where such land is not conveyed to the City, a restriction enforceable by the City shall be recorded providing that such land shall be kept in an open or natural state and not be built for residential use or developed for accessory uses such as parking or roadway. Said land shall not be used in any other project or for calculation of units, area, setback requirements or any other purpose.

The submittal requirements and review standards including administration, application and submission requirements, fees, powers, hearings and time limits, shall be those as provided in Article II and Article V. In addition, such subdivision rules and regulations as may be in force are applicable relative to standards for roadways, utilities, drainage and other aspects of site development and submittal format.

It is desirable to decrease municipal costs and environmental impacts through reduction in the length of streets, utilities and drainage systems per dwelling unit served.

It is desirable to increase the scale of contiguous area assured of preservation in a natural state, off street pathways and trails, recreation areas open at least to all residents of the cluster and wilderness areas.

It is desirable that all existing scenic vistas be respected and preserved and that new scenic vistas be created.

It is desirable to increase vehicular safety by having fewer, better located and designed egresses onto existing streets.

It is desirable to preserve environmental quality by reduction of the total area over which vegetation is disturbed by cut or fill or displacement; by reduction in critical lands (slopes in excess of fifteen percent (15%), land within 100 feet of a water body, wetlands or streams having outstanding or rare vegetation) disturbed by construction; reduction of the extent of waterways altered or relocated; reduction in the volume of cut and fill for roads and construction sites.

It is desirable to have the design and location and materials of the structure(s) on the site be sensitive to the natural environmental conditions, vistas and abutting properties.

There should be positive benefit to the City in some important respects, such as reduction of environmental damage, better controlled traffic, and preservation of current character through location of reserved open space.

To promote the economic development, general welfare and safety of the community through the use of basic urban design standards in special development areas.

To encourage compact developments of compatible land uses at urban densities.

To encourage reuse and redevelopment of existing buildings and building lots.

To foster the development of high-quality, pedestrian-scale environments through site and building design that provides an aesthetically pleasing pedestrian environment that is accessible, compact, safe and inviting.

To promote urban design that is consistent with the City of Worcester’s economic development, planning and programmatic efforts.

To avoid over-dedication of land to surface parking by preventing excessive accessory off-street parking.

To preserve and enhance the historical, cultural, and architectural assets of the city.

To provide flexibility with regard to dimensional requirements in a manner that is consistent with the purposes and intent of this Article.

Automobile Refueling Station; Auto/Truck body or paint shop; Motor vehicle service, repair, garage, display; Open lot storage, except as provided in (a) below.

Motor vehicle/trailer/boat sales.

Single-family detached dwelling; Two-family detached dwelling. Uses involving drive-through service, subject to additional restrictions detailed in item (C) below. Where permitted, self-storage uses (1) may not occupy the ground floor of any building three or more stories in height, nor more than 50 percent of the ground floor of any building two stories or less in height; and (2) and may not comprise more than 50 percent of the gross square footage of buildings and enclosed spaces on the property.

Special Permit Required All drive-through facilities shall require a special permit. Within the Commercial Corridors Overlay District, the Planning Board shall be the Special Permit Granting Authority for drive- through services and facilities. In addition to the special permit criteria described in Article II, Section-6(A)(2), the following criteria shall be considered:

Locations Allowed

Design Aspects

Minimum front-yard setbacks are as follows:

Maximum front-yard setbacks are as follows:

The foregoing maximum setbacks shall not apply to accessory structures, extensions or expansions of existing structures of less than 30 percent increase in gross square footage, or construction of multi-building sites provided that the largest building or a major grouping of buildings complies with the foregoing setback regulations.

Portions of the front façade may be recessed or articulated to add visual interest or create public plazas and landscaped areas.

Front yard setback areas, if any, shall consist of decoratively landscaped planting areas provided in accordance with Article V, Section-5(C), and/or plazas, pedestrian walkways, lateral extensions (widening) of abutting sidewalks, bike parking, outdoor dining, benches, recreation areas, fountains or similar features. Planting areas shall consist of live landscaping maintained in healthy condition and free of litter. Parking lots, vehicle loading areas, or any other areas designed or intended for vehicular travel, parking or loading shall not be provided in the front yard setback.

The Planning Board shall be authorized to grant a special permit to allow a greater front setback within the Commercial Corridor Overlay District, upon the following findings:

Buildings shall generally be sited to face abutting streets and sidewalks, rather than located on the interior of a lot, with entrances located to provide convenient access from the sidewalk network.

An accessible, primary pedestrian entrance to the building shall face an abutting street. For interior buildings on multi-building sites, entrances should connect to a pedestrian way that provides convenient access to the abutting street and sidewalk network.

Building walls facing the street should present an active façade incorporating windows, doors, columns, changes in materials, modulation of the façade, and similar details to add visual interest.

Accessory surface parking shall be located to the rear or interior of parcels. Parking may also be located to the side of the parcel when necessary, provided that it is screened from abutting streets and sidewalks by buildings and landscaping provided in accordance with section (F) below and, as applicable, Article V, Section-5(C).

Any portion of an above-ground parking structure fronting a public way shall include façade details and landscaping to maintain an attractive streetscape. Accessory above- ground parking structures shall be located primarily behind or above the primary use.

FAR restrictions shall not apply to Mixed-Use Developments under this Article provided at least one of the uses is residential and a non-residential use is located on the ground floor and includes an active façade. Provided, however, a Mixed-Use Development remains subject to the maximum height calculation set forth below in Section-6(E).

The maximum FAR shall be increased to 2.0 throughout the CCOD, or higher where allowed by the underlying zoning district.

Maximum height for buildings shall be 50 feet, except where greater height is allowed by underlying zoning. The maximum number of floors shall be 3+ or greater as allowed by the underlying zoning.

Buildings taller than one hundred (100) feet shall make use of design treatments such as articulations in the façade and stepped back upper floors to avoid excessive shadowing of streets or public spaces below.

There is no extension or expansion of the exterior of the structure.

The extension or expansion is made for the purpose of conforming to the building code for health and safety purposes.

The extension or expansion conforms to the dimensional requirements of this Ordinance.

For the purposes of this Article IX, Section-7, the following Parking Subareas are hereby created:

The provisions of this Article IX, Section-7 apply throughout the Commercial Corridors Overlay District except when specifically stated otherwise for the above subareas.

Minimum Accessory Parking Requirements. The minimum number of accessory off- street parking spaces is to be provided in accordance with the units of measurement shown in Table 9.1 within the Commercial Corridors Overlay District, subject to modification and adjustment as otherwise provided by the provisions of this Article IX, Section-7.

Limitations on Parking Provided. Within the Commercial Corridors Overlay District, all additional or new parking provided shall not exceed, when aggregated with existing parking on site, the maximum limitations shown in Table 9.1. Table 9.1 Minimum and Maximum Base Parking Requirements in CCOD Maximum Parking

Uses Minimum Parking Requirements Limits CCOD – Shrewsbury CCOD – Canal CCOD – Elsewhere Street subarea District subarea Residential Uses 1 resident space per dwelling unit (Studio, 1 BR units) 1 resident space per dwelling unit Single, two or three 2 per dwelling unit (total, family; Multi-family 1.5 resident spaces including resident and dwelling; Loft, Creative per dwelling unit guest parking) Entrepreneur (2+ BR units) 1 guest (unreserved) parking space per 10 units for dwellings with 10 or more units. All other allowed 125% of requirements in 75% of requirements in parking Table 4.4 residential parking Table 4.4 General Uses All allowed general 125% of requirements in 75% of requirements in parking Table 4.4 uses parking Table 4.4 Business Uses Office, Professional/General; Retail Sales; Service 1 per 500 SF 1 per 250 SF (personal, animal, other) Food Service/Lounge 1 per 4 rated occupancy. 1 per 2 rated occupancy. /Nightclub All other allowed 125% of requirements in 75% of requirements in parking Table 4.4 business uses parking Table 4.4 Manufacturing Uses All allowed 125% of requirements in 75% of requirements in parking Table 4.4 manufacturing uses parking Table 4.4 Notes to Table 9.1 Note 1. Downtown subarea No minimum parking or loading spaces are required in the Downtown subarea. Note 2. Guest parking Residential parking requirements for guest parking spaces may not be reserved for resident use or included as part of any rental or sales agreement. Any special permit relief or administrative adjustment to the minimum parking requirements for residential uses shall apply only to required resident parking, and not to guest parking. Note 3. Changes in Use or Reuse of Existing Buildings Requirements for changes in use or reuse of existing buildings are further modified by Section-7(B)(3) below.

Minimum Parking for Reuse of Existing Buildings The following provisions apply to rehabilitation, change in use or alterations of buildings in existence as of the establishment of this Ordinance.

Restorative care center/skilled nursing facility

Transportation

Financial

Barber/beautician

Medical evaluation/health care maintenance

Home health

Assisted care

Adult day care and respite care services

Food services

Cleaning services

Exercise, recreational, education and social services

Other services, activities and accessory uses incidental to the operation of a Continuing Care Retirement Community. These services will be primarily for the benefit of residents of the Continuing Care Retirement Community.

Density and Parcel Size A CCRC shall have a parcel of five (5) acres or greater. The allowable number of dwelling units in a CCRC shall be determined, using the following formula: Maximum Units = 2 x [(Parcel Size x .8) /Minimum Lot Size Permitted In Zoning District of Parcel] (rounded to next lowest integer) An increase in the number of units of up to twenty-five (25) percent of the number of maximum units calculated by the above formula may be allowed. Such an increase will be based upon each unit so granted being affordable housing. In RG 5-0 zones the maximum density bonus shall be limited to fifteen (15%) percent to prevent overcrowding. In granting such increases the Planning Board shall require that the developer provide legally enforceable assurances that the units so granted will continue to be affordable housing, as herein defined. In addition the number of beds, exclusive of existing beds, in the restorative care center/skilled nursing facility development density shall not exceed thirty-three percent (33%) of the numbered units in the CCRC. The gross acreage of the parcel shall be used in calculating the density.

Lot Coverage and Open Space Requirements Buildings shall be sited using cluster principles. At least twenty-five (25) percent of the site shall be preserved as open space. A minimum of seventy-five (75) percent of the open space shall be maintained as a natural vegetation area except that plantings, passive recreational uses (as may be permitted and/or required by the Planning Board under the provisions of Site Plan Review, Article V), the installation, repair and maintenance of footpaths, underground utilities, access ways (if required by the City of Worcester or other governmental agency), drainage structures and facilities and such other construction as may be permitted and/or required by the Planning Board under the provisions of Article V, Site Plan Review are permitted. However, such portions of the open space as shall have been disturbed for purposes so permitted shall be restored to former conditions as nearly as may be reasonably practicable. The open space shall be protected by a recorded restriction enforceable by the City of Worcester.

Parking There shall be at least one (1) off-street parking space per dwelling unit. Any restorative care center/skilled nursing facility shall have at least point three off- street parking spaces for each bed.

Roads and Utilities Roads and utilities shall be designed and constructed in conformance with the City of Worcester Subdivision Rules and Regulations. The Planning Board may modify said rules and regulations if it determines that such action will more acceptably meet the purposes of the Article.

It is desirable to minimize municipal costs and environmental impacts through reduction, to the extent reasonable, in the length of streets, utilities and drainage systems per dwelling unit served.

It is desirable to increase the size of contiguous area assured of preservation in a natural state and the number of off-street pathways and trails, recreation areas and wilderness area open to all residents of the CCRC.

It is desirable that all existing scenic vistas be respected and preserved and that new scenic vistas be created.

It is desirable to increase vehicular safety by having fewer, better located and designed egresses onto existing streets.

It is desirable to preserve environmental quality by reduction of the total area over which vegetation is disturbed by cut or fill or displacement; by reduction in critical lands (slopes in excess of fifteen percent (15%), land within one hundred (100) feet of a water body, wetland or stream having outstanding or rare vegetation) disturbed by construction; reduction of the extent of waterways altered or relocated; reduction in the volume of cut and fill for roads and construction sites.

It is desirable to have the design and location and materials of the structure(s) on the site be sensitive to the natural environmental conditions, vistas and abutting properties.

There should be positive benefit to the City in some important respects, such as mitigation of environmental damage, better controlled traffic, preservation of current character through location of reserved open space, meeting the shelter and/or health needs of special populations of the City and so on.

A statement indicating that any proposed structure on the lot shall comply with F.A.A. height restrictions.

Notification that the lot is located within an Airport Environs Overlay District and is subject to aircraft overflights.

To promote the health, safety and general welfare of the community;

To preserve and maintain the existing and potential groundwater supplies, aquifers and groundwater recharge areas of affected municipalities and to protect them from adverse development or land use practices;

To preserve and protect present potential sources of drinking water supply for the public health and safety;

To prevent blight and the pollution of the environment.

The Zone of Contribution or GP-2 area is defined as the surface area which contributes water to each well under the most severe recharge and pumping conditions:

The Secondary Recharge area or GP-3 area is defined as the surface and/or groundwater drainage area as determined by topography and geology which contributes surface and/or groundwater flow into the GP-2 or Zone of Contribution area.

Disposal of Hazardous Materials N N

Manufacture, generation or storage of hazardous materials N SP in containers greater than five (5) gallons, except for indoor storage of liquid petroleum products for heating or power generation purposes within the same building.

Generation, treatment or storage of hazardous waste N SP

In-ground storage of hazardous materials. N SP

Sanitary landfill, junkyard, salvage yard/or other N SP Solid waste disposal.

Uses which discharge processed wastewater on-site, N N any commercial or service use discharging on-site wastewater containing contaminants other than sanitary sewerage.

Application of pesticides and herbicides for SP SP non-agricultural and non-residential uses.

Open storage of ice control chemicals in quantities N SP greater than one (1) ton.

Disposal of snow containing deicing chemicals. N SP

Commercial earth excavation. SP SP

Rendering impervious more than 20% of lot area. SP Y

Public garage or commercial garage, car washes N SP automotive paint shops and automotive shops.

Motor freight terminal. N SP

Commercial boat service, repair and storage facilities. N SP

Storage or landfilling of sludge or septage. N SP

Storage of commercial fertilizers and soil conditioners, N SP including animal manures, unless such storage is within a structure designed to prevent the generation and escape of contaminated runoff and leachate.

Each application for a special permit shall be filed with the Planning Board and in the manner and form indicated in its rules and regulations governing special permits. In addition, the applicant shall distribute copies of the application to the Department of Health & Human Services, Public Health Division and Code Enforcement Division, Department of Public Works & Facilities, Water Operations Division, Conservation Commission; Fire Department, and the Executive Office of the City Manager, Economic Development Division. The applicant shall file with the City Clerk’s Office an affidavit signed under the pains and penalties of perjury indicating the dates and departments to which the application was delivered.

In addition to the information required by the Planning Board’s rules and regulations for special permits, each application shall also include the following:

A site plan at a scale within the range of one (1) inch equals twenty (20) feet to one

inch equals one hundred (100) feet. The plan or plans shall be prepared by a Registered Professional Engineer or Professional Land Surveyor and shall include but not be limited to the following:

The application shall contain an analysis of the site conditions and potential impact of the proposed project, the Zone of Contribution (GP-2) and/or Recharge Area (GP-3) by a qualified engineer or hydro-geologist.

The following departments shall review, either jointly or separately, the application and shall submit its recommendations to the Planning Board: Department of Health & Human Services, Public Health Division and Code Enforcement Division; Department of Public Works & Facilities, Water Operations Division and Conservation Commission; Fire Department; and the Executive Office of the City Manager, Economic Development Division.

The Planning Board may retain the services of a qualified professional to determine what information is deemed necessary to reach a decision on an application, or to review information submitted by the owner or applicant and charge the owner or applicant for the cost of the investigation.

Will not degrade the groundwater quality at the boundaries of the premises below existing levels.

Is in harmony with the purpose and intent of this Ordinance and does not denigrate from the purposes of the Water Resources Protection Overlay District.

Will not, during construction or thereafter, have an adverse environmental impact on the Zone of Contribution (GP-2) or Secondary Recharge Area (GP-3)

Will not adversely affect an existing or identified potential public water supply within the Water Resources Protection Overlay District.

Will meet the following standards:

year storm and designed to ensure that the rate and amount of runoff leaving the site does not exceed the rate and amount of runoff in the predevelopment state. Facilities for runoff from paved areas shall include structures for trapping oil, gas and other containments before recharge into the ground. These facilities shall be maintained by the owner on a not less than an annual basis.

All underground changes;

Any change less than or equal to two feet (2’) in the location of buildings, parking, retaining walls or drainage facilities, caused by unexpected field conditions, as long as the new location does not penetrate the applicable setback required for the underlying zoning district or a non-zoning related setback specifically designated in the Planning Board’s Site Plan Approval or Special Permit Approval;

Changes in the location of less than, or equal to, 10% of the total area devoted to parking;

Changes in the number of compact parking spaces, provided that the number of compact spaces is less than or equal to 25% of the total number of spaces provided;

Changes in the location and types of lighting provided that they meet the intent of the zoning ordinance;

Changes in the dimensions of landscape buffers, location of plantings, and materials used, provided that they meet the intent of the zoning ordinance;

Changes in the location of signs provided that it meets the new location requirements of the Zoning Ordinance;

Any reduction in area of impervious surfaces;

The addition of nonhabitable accessory structures that meet the by-right requirements of the zoning ordinance;

Changes in grade that do not change the height of buildings by more than 5% provided that the resulting height of all structures meet the maximum height requirements of the zoning ordinance and that it does not create or disturb a slope greater than or equal to 15%; and

Any other changes the Planning Board, at its discretion, considers insubstantial, excluding those classified as substantial by this Ordinance.

Any change in the location of buildings, parking, retaining walls or drainage facilities greater than two feet (2’) from the location approved.

Changes to building envelope that result in a larger footprint, an increase in height, an increase in volume, an increase in floor area, or any combination of such changes;

An increase in the land area devoted to parking, loading, or traffic circulation;

Changes to the architectural character including the color and style of materials used for the exterior façade of buildings;

Changes that result in a reduction of open space by more than 10%; and

Other changes the Planning Board, at its discretion, considers substantial in the context of the approved project.

Provide for the coordinated and mixed development of residential, business, industrial, manufacturing and institutional uses;

Encourage adaptive reuse of abandoned, vacant or underutilized business or manufacturing buildings or structures;

Create major new mixed used areas in planned locations at appropriate densities, heights and mixtures of use; and

Encourage flexibility in architectural design, restoration and building bulk.

All uses permitted in the underlying zones whether in Manufacturing (MG, ML), Residential, General - 5.0 (RG-5.0), Business (BO, BL, BG), or Institutional (IN) zones, as provided in Article IV (Table 4.1) are permitted uses in the Adaptive Reuse Overlay Zone;

Multi-family dwelling, high rise;

Multi-family dwelling, low rise;

Dormitories; and

Single family semi-detached dwelling and by Special Permit:

All residential parking shall require 1.5 parking spaces for each dwelling unit; and

Office, professional/general uses shall require one (1) parking space for every 500 square feet of gross floor area.

Outdoor recreation, including but not limited to driving ranges, archery ranges, picnic grounds, boating, swimming areas, parks, nature preserves, fish hatcheries, target ranges, hunting and fishing areas, foot paths, horseback riding trails and bicycle trails. Said uses must be otherwise legally permitted.

Agricultural uses including grazing, outdoor plant nurseries, crop farming, horticulture, truck gardening, pasture and harvesting of crops.

Forestry, including landscaping, and accessory uses such as flower or vegetable gardens and lawns.

Said use shall not adversely affect life and property due to water or erosion hazards, or which cause damaging increase in erosion, flood heights or flood velocities.

Said use shall not overload any public water, drainage or sewer system or any other municipal system to such an extent that these systems are hindered from promoting the health, safety and general welfare of the community.

Said use has received from the Conservation Commission an Order of Conditions or a negative Determination of Applicability which establishes that the use meets the standards administered by that body.

Good and sufficient cause and exceptional non-financial hardship exist;

the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

the variance is the minimum action necessary to afford relief.

NFIP State Coordinator, Massachusetts Department of Conservation and Recreation

NFIP Program Specialist, Federal Emergency Management Agency, Region I

Adjacent Communities, especially upstream and downstream

Bordering States, if affected

NFIP State Coordinator, Massachusetts Department of Conservation and Recreation

NFIP Program Specialist, Federal Emergency Management Agency, Region I