[Amended 6-25-2012 by Order No. 2012-107; 6-3-2014 by Order No. 2014-103; 11-21-2016 by Order No. 2016-249; 6-21-2021 by Order No. 2021-055]
8.1.1.
Purpose. The purposes of the Floodplain Overlay District (FPOD)
are:
1.
Ensure public safety through reducing the threats to life and personal
injury.
2.
Eliminate new hazards to emergency response officials.
3.
Prevent the occurrence of public emergencies resulting from water
quality, contamination, and pollution due to flooding.
4.
Avoid the loss of utility services which if damaged by flooding would
disrupt or shut down the utility network and impact regions of the
community beyond the site of flooding.
5.
Eliminate costs associated with the response and cleanup of flooding
conditions.
6.
Reduce damage to public and private property resulting from flooding
waters.
8.1.2.
Location. The Floodplain District is herein established as an
overlay district. The District includes all special flood hazard areas
designated on the City's Flood Insurance Rate Map (FIRM) issued by
the Federal Emergency Management Agency for the administration of
the National Flood Insurance Program, dated June 9, 2014 or the latest
ones. The flood zones A, AE, AH, AO, A1-30, A99, V, V1-30, VE on these
maps indicate the 1% chance regulatory floodplain. The exact boundaries
of the District shall be defined by the 1% chance base flood elevations
shown on the FIRM and further defined by the Flood Insurance Study
(FIS) report dated June 9, 2014 or the latest ones. The effective
FIRM and FIS report are incorporated herein by reference and are on
file with the Town Clerk, Planning Board, Building Official, Conservation
Commission and Public Works Official.
8.1.3.
Overlay district. The FPOD shall be considered as overlying
other districts. Any uses permitted in the portions of the districts
so overlaid shall be permitted subject to all the provisions of this
Section 8.1.
1.
The floodplain management regulations found in this Floodplain Overlay
District section shall take precedence over any less restrictive conflicting
local laws, ordinances or codes.
2.
The degree of flood protection required by this ordinance is considered
reasonable but does not imply total flood protection.
3.
If any section, provision or portion of this ordinance is deemed
to be unconstitutional or invalid by a court, the remainder of the
ordinance shall be effective.
8.1.4.
Duties of Building Commissioner. In order to ensure the proper
administration of the Floodplain Overlay District, the Building Commissioner
shall:
1.
Review
proposed development to assure that all necessary permits have been
or are in the process of being obtained from those governmental agencies
from which approval is required by state or federal law.
2.
Obtain
and maintain records of the elevation to which any structure has been
flood proofed; the flood proofing certificates required under said
district; and whether or not the structure has a basement.
|
The City of Quincy hereby designates the position of Building
Commissioner to be the official floodplain administrator for the City.
|
8.1.5.
Use regulations. In the FPOD, no new building or structure shall
be erected, constructed, altered, enlarged or moved and no dumping,
filling or earth transfer or relocation shall be permitted. The following
activities shall be permitted:
1.
Conservation of soil, water, plants and wildlife;
2.
Recreation, including play and sporting areas, education and nature
study, golf, skating, boating, swimming and fishing, where otherwise
legally permitted;
3.
Forestry, including tree nurseries;
4.
Storage of materials and/or equipment for cemetery, parks or playground
purposes;
5.
Dwellings lawfully existing prior to the adoption of these provisions
(including enlargement in area up to 25% of actual ground coverage).
8.1.6.
Coastal high hazard areas. In the FPOD, some areas are designated
as coastal high hazard areas (Zone V). Since these areas are extremely
hazardous due to high velocity waters from tidal surges and hurricane
wash, all new construction shall be located landward of the reach
of the mean high tide.
8.1.7.
Floodway.
1.
In Zones A, A1-30, and AE, along watercourses that have not had a
regulatory floodway designated, the best available federal, state,
local, or other floodway data shall be used to prohibit encroachments
in floodways which would result in any increase in flood levels within
the community during the occurrence of the base flood discharge.
2.
In Zones A1-30 and AE, along watercourses that have a regulatory
floodway designated on the Quincy's FIRM, encroachments are prohibited
in the regulatory floodway which would result in any increase in flood
levels within the community during the occurrence of the base flood
discharge.
8.1.8.
National Flood Insurance Program. The City of Quincy shall participate
in the National Flood Insurance Program and its community rating system
annually and shall adopt any further ordinances necessary to implement
this program.
8.1.9.
Special permit.
The City of Quincy requires a special 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, storage
facilities or mining, and any other development that might increase
flooding or adversely impact flood risks to other properties.
In the FPOD, the Board of Appeals, (or, in the case of the QCD-10
or QCD-15 Districts, the Planning Board) may grant a special permit
for any use or structure allowed in the underlying district, subject
to the following; provided, however, that Urban Renewal Uses are exempt
from this requirement:
1.
The request has been referred to the Planning Board, the Health Commissioner,
the City Engineer and the Conservation Commission and reported upon
by all, or 35 days shall have elapsed following such referral without
receipt of such reports.
2.
The proposed use will not be detrimental to the public health, safety
and welfare.
3.
The proposed use and/or structure will be built in accordance with
the 100-year flood elevation as defined by the Department of Housing
and Urban Development, Federal Insurance Map for the City of Quincy.
4.
The proposed use will comply in all respects to the provisions of
the underlying district or districts within which the land is located.
5.
All new construction and substantial improvements (the cost of which
equals or exceeds 50% of the market value of the structure) of residential
and nonresidential structures shall have the lowest floor, including
the basement or cellar, elevated to or above the 100-year flood elevation,
or in the case of nonresidential structures be flood proofed, watertight
to the 100-year flood elevation.
Quincy's permit review process includes the use of a checklist
of all local, state and federal permits that will be necessary in
order to carry out the proposed development in the floodplain overlay
district. The proponent must acquire all necessary permit.
8.1.10.
Variances.
1.
Variances to floodplain development regulations shall only be issued
upon (i) a showing of good and sufficient cause, (ii) a determination
that failure to grant the variance would result in exceptional hardship
to the applicant, and (iii) a determination that the granting of a
variance will not result in increased flood heights, additional threats
to public safety, extraordinary public expense, create nuisances,
cause fraud on or victimization of the public, or conflict with existing
local laws or ordinances.
2.
A written justification for the variance will be maintained in the
town's/City's building permit files, delineating the technical reason
for the variance, and stating that the variance is the minimum necessary
(considering the flood hazard) to afford relief.
3.
The town/City shall also issue a letter to the property owner regarding
potential impacts to the annual premiums for the flood insurance policy
covering that property, in writing over the signature of a community
official that (i) the issuance of a variance to construct a structure
below the base flood level will result in increased premium rates
for flood insurance up to amounts as high as $25 for $100 of insurance
coverage and (ii) such construction below the base flood level increases
risks to life and property.
4.
Such notification shall be maintained with the record of all variance
actions for the referenced development in the floodplain overlay district.
5.
Variances to local Zoning Bylaws related to community compliance
with the National Flood Insurance Program (NFIP).
6.
A variance from these floodplain bylaws must meet the requirements
set out by state law, and may only be granted if: 1) Good and sufficient
cause and exceptional nonfinancial hardship exist; 2) the variance
will not result in additional threats to public safety, extraordinary
public expense, or fraud or victimization of the public; and 3) the
variance is the minimum action necessary to afford relief.
8.1.11.
Subdivision proposals. All subdivision proposals and development
proposals in the floodplain overlay district shall be reviewed to
assure that:
8.1.12.
Base flood elevation data for subdivision proposals. When proposing
subdivisions or other developments greater than 50 lots or five acres
(whichever is less), the proponent must provide technical data to
determine base flood elevations for each developable parcel shown
on the design plans.
8.1.13.
Unnumbered A Zones. In A Zones, in the absence of FEMA BFE data
and floodway data, the building department will obtain, review and
reasonably utilize base flood elevation and floodway data available
from a federal, state, or other source as criteria for requiring new
construction, substantial improvements, or other development in Zone
A as the basis for elevating residential structures to or above base
flood level, for floodproofing or elevating nonresidential structures
to or above base flood level, and for prohibiting encroachments in
floodways.
8.1.14.
AO and AH Zones drainage requirements. Within Zones AO and AH
on the FIRM, adequate drainage paths must be provided around structures
on slopes, to guide floodwaters around and away from proposed structures.
8.1.15.
Recreational vehicles. In A1-30, AH, AE Zones, V1-30, VE, and
V Zones, all recreational vehicles to be placed on a site must be
elevated and anchored in accordance with the zone's regulations for
foundation and elevation requirements or be on the site for less than
180 consecutive days or be fully licensed and highway ready.
8.1.16.
Protection of dunes. Alteration of sand dunes is prohibited
when the alteration would increase potential flood damage.
8.1.17.
Watercourse alterations or relocations in riverine areas.
In a riverine situation, the Building Commissioner shall notify
the following of any alteration or relocation of a watercourse:
|
•
|
Adjacent Communities, especially upstream and downstream.
|
|
•
|
Bordering States, if affected.
|
|
•
|
NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, 8th floor
Boston, MA 02114
|
|
•
|
NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
|
8.1.18.
Requirement to submit new technical data.
If the Town/City acquires data that changes the base flood elevation
in the FEMA mapped Special Flood Hazard Areas, the Town/City will,
within six months, notify FEMA of these changes by submitting the
technical or scientific data that supports the change(s.)
Notification shall be submitted to:
|
FEMA Region I Risk Analysis Branch Chief
99 High St., 6th floor,
Boston, MA 02110
|
|
And copy of notification to:
|
|
Massachusetts NFIP State Coordinator
MA Dept. of Conservation & Recreation
251 Causeway Street
Boston, MA 02114
|
8.1.19.
DEVELOPMENT
FLOOD BOUNDARY AND FLOODWAY MAP
FLOOD HAZARD BOUNDARY MAP (FHBM.)
FLOODWAY
FUNCTIONALLY DEPENDENT USE
HIGHEST ADJACENT GRADE
HISTORIC STRUCTURE
1.
2.
3.
4.
NEW CONSTRUCTION
RECREATIONAL VEHICLE
1.
2.
3.
4.
REGULATORY FLOODWAY
SPECIAL FLOOD HAZARD AREA
START OF CONSTRUCTION
STRUCTURE
SUBSTANTIAL REPAIR OF A FOUNDATION
VARIANCE
VIOLATION
Definitions.
Any man-made change to improved or unimproved real estate,
including but not limited to building or other structures, mining,
dredging, filling, grading, paving, excavation or drilling operations
or storage of equipment or materials. [US Code of Federal Regulations,
Title 44, Part 59]
An official map of a community issued by FEMA that depicts,
based on detailed analyses, the boundaries of the 100-year and 500-year
floods and the 100-year floodway. (For maps done in 1987 and later,
the floodway designation is included on the FIRM.)
An official map of a community issued by the Federal Insurance
Administrator, where the boundaries of the flood and related erosion
areas having special hazards have been designated as Zone A or E.
[US Code of Federal Regulations, Title 44, Part 59]
The channel of the river, creek or other watercourse and
the adjacent land areas that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height. [Base Code, Chapter 2, Section 202]
A use which cannot perform its intended purpose unless it
is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the
loading and unloading of cargo or passengers, and ship building and
ship repair facilities, but does not include long-term storage or
related manufacturing facilities. [US Code of Federal Regulations,
Title 44, Part 59] Also [Referenced Standard ASCE 24-14]
The highest natural elevation of the ground surface prior
to construction next to the proposed walls of a structure. [US Code
of Federal Regulations, Title 44, Part 59]
Any structure that is:
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 district 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:
Structures for which the start of construction commenced
on or after the effective date of the first floodplain management
code, regulation, ordinance, or standard adopted by the authority
having jurisdiction, including any subsequent improvements to such
structures. New construction includes work determined to be substantial
improvement. [Referenced Standard ASCE 24-14]
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projection;
Designed to be self-propelled or permanently towable by a light
duty truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
|
[US Code of Federal Regulations, Title 44, Part 59]
|
See "floodway".
The land area subject to flood hazards and shown on a Flood
Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30,
A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section
202]
The date of issuance for new construction and substantial
improvements to existing structures, provided the actual start of
construction, repair, reconstruction, rehabilitation, addition, placement
or other improvement is within 180 days after the date of issuance.
The actual start of construction means the first placement of permanent
construction of a building (including a manufactured home) on a site,
such as the pouring of a slab or footings, installation of pilings
or construction of columns.
Permanent construction does not include land preparation
(such as clearing, excavation, grading or filling), the installation
of streets or walkways, excavation for a basement, footings, piers
or foundations, the erection of temporary forms or the installation
of accessory buildings such as garages or sheds not occupied as dwelling
units or not part of the main building. For a substantial improvement,
the actual "start of construction" means the first alteration of any
wall, ceiling, floor or other structural part of a building, whether
or not that alteration affects the external dimensions of the building.
[Base Code, Chapter 2, Section 202]
For floodplain management purposes, a walled and roofed building,
including a gas or liquid storage tank, that is principally above
ground, as well as a manufactured home. [US Code of Federal Regulations,
Title 44, Part 59]
When work to repair or replace a foundation results in the
repair or replacement of a portion of the foundation with a perimeter
along the base of the foundation that equals or exceeds 50% of the
perimeter of the base of the foundation measured in linear feet, or
repair or replacement of 50% of the piles, columns or piers of a pile,
column or pier supported foundation, the building official shall determine
it to be substantial repair of a foundation. Applications determined
by the building official to constitute substantial repair of a foundation
shall require all existing portions of the entire building or structure
to meet the requirements of 780 CMR. [As amended by MA in 9th Edition
BC]
A grant of relief by a community from the terms of a flood
plain management regulation. [US Code of Federal Regulations, Title
44, Part 59]
The failure of a structure or other development to be fully
compliant with the community's flood plain management regulations.
A structure or other development without the elevation certificate,
other certifications, or other evidence of compliance required in
§ 60.3(b)(5), (c)(4), (c)(10), (d)(3), (e)(2), (e)(4), or
(e)(5) is presumed to be in violation until such time as that documentation
is provided. [US Code of Federal Regulations, Title 44, Part 59]
8.2.1.
Purpose. The purpose of the Open Space District is to identify
those areas dedicated or used for public or semipublic uses, such
as parks and recreation areas, cemeteries and open space reservations.
Lands acquired and used for public or semipublic open space purposes
by a private organization may be included in the Open Space District.
8.2.2.
Regulations. Within an Open Space District, no building or premises
shall be used and no building or structure shall be permitted for
other than one of the following specified purposes:
1.
Conservation of soil, water, plants and wildlife.
2.
Recreation, including play and sporting areas, education and nature
study, golf, skating, boating, swimming and fishing where otherwise
legally permitted.
3.
Forestry, including tree nurseries.
4.
Storage of materials and/or equipment for boat, cemetery, park or
playground purposes.
8.2.3.
Public agencies. No structure or building shall be erected,
altered or used by a public agency, except as permitted above.
8.3.1.
Purpose. The purpose of this section is:
1.
To facilitate and provide incentives for new development of under-utilized
sites within the Quincy Center Districts;
2.
To encourage mixed-use development; to encourage new development
in areas accessible to public transit;
3.
To provide a predictable, clear and understandable process for the
review of new development within the Quincy Center Districts;
4.
To promote and create jobs, housing inventory and affordable housing
in conformance with Section 7.1 of this chapter;
5.
To enhance the architectural character of the Quincy Center Districts;
6.
To encourage ground floor uses within the Quincy Center Districts
that serve the public; and
7.
To improve traffic access and circulation, and to create active pedestrian
and street life in the Quincy Center Districts.
8.3.2.
Available uses; special permit required. Within the Quincy Center
Districts, no buildings or premises shall be used for other than one
of the following uses, and, except for urban renewal uses, such uses
shall require the issuance of a special permit from the Planning Board.
[Amended 6-1-2020 by Order
No. 2020-012]
1.
Retail business and consumer services, provided that no more than
25% of the building gross floor area is retail business and consumer
services and provided further that the remaining building gross floor
area is either multifamily dwelling or general office for commercial
or professional use or both.
2.
All other uses permitted by right or by special permit in Appendix
A[1] shall be allowed in the Quincy Center Districts except
as provided below in the List of Prohibited Uses in Quincy Center
Districts.
|
List of Prohibited Uses in Quincy Center Districts
| ||
|---|---|---|
|
Principal Use
| ||
|
A.
|
Residential Use
| |
|
•
|
Lodging house
| |
|
B.
|
Exempt and Institutional Use
| |
|
•
|
Municipal waste disposal area operated by the City or under
contract to the City
| |
|
C.
|
Retail Uses
| |
|
•
|
None
| |
|
D.
|
Restaurant Uses
| |
|
•
|
None
| |
|
E.
|
Miscellaneous Commercial Uses
| |
|
•
|
Adult use
| |
|
•
|
Body art establishment
| |
|
•
|
Nonexempt commercial nursery or greenhouse
| |
|
F.
|
Motor Vehicle Uses
| |
|
•
|
Motor vehicle service station
| |
|
•
|
Motor vehicle general repair
| |
|
•
|
Motor vehicle sales, service and rental establishments
| |
|
•
|
Motor vehicle body or paint shop
| |
|
G.
|
Drive-in Uses
| |
|
•
|
None
| |
|
H.
|
Warehouse, Wholesale and Storage Uses
| |
|
•
|
Wholesale business and storage in roofed structure
| |
|
•
|
Distribution center, parcel delivery center or delivery warehouse
| |
|
•
|
Storage warehouse/building or cold storage plant, but not including
storage or bailing of junk, scrap metals, rags, wastepaper or used
rubber
| |
|
•
|
Open lot storage of new building materials, but not including
junk, scrap metal, rags, wastepaper and similar materials
| |
|
•
|
Open lot storage of lumber and building materials
| |
|
•
|
Open lot storage of construction equipment
| |
|
I.
|
Industrial Uses
| |
|
•
|
Food and beverage manufacturing, bottling or processing or commissary
| |
|
•
|
Assembly or packaging of articles not exceeding 200 pounds,
provided no manufacturing or processing is carried out
| |
|
•
|
Manufacture, processing, assembly or other industrial operations
| |
|
•
|
Processing of sand and gravel and the manufacture of bituminous
concrete
| |
|
•
|
Stonecutting, shaping and finishing in completely enclosed building
| |
|
•
|
Waste recovery facility (resource recovery plants, solid waste
recovery plants, any transfer station for solid waste or any other
similar facility)
| |
|
J.
|
Transportation-Related Uses
| |
|
•
|
Rail freight terminal/storage and yard accessory to railroad
operations, provided that such freight terminals are not less than
300 feet from any residence district
| |
|
•
|
Water freight terminal, including docks, piers, wharves and
the like, provided that such port facilities are not less than 300
feet from any residential district
| |
|
•
|
Truck terminal, yard or building for storage or servicing of
cargo trailers, trucks/buses and parking lot for trucks/buses
| |
|
Accessory Uses
| ||
|
K.
|
Residential Accessory Uses
| |
|
•
|
None
| |
|
L.
|
Nonresidential Accessory Uses
| |
|
•
|
Repair garage accessory to motor vehicle sales
| |
|
M.
|
Other Uses
| |
|
•
|
None
| |
[1]
Editor's Note: Appendix A, Table of Use Regulations, is included as an attachment to this chapter.
3.
Notwithstanding any other provision of this chapter to the contrary,
mixed uses within a single building or structure (i.e., retail/residential;
retail/commercial office) shall be allowed within the Quincy Center
Districts if the structure conforms to the dimensional requirements
set forth in Section 8.3.3 below.
8.3.3.
Dimensional requirements. Within the districts, the following
dimensional requirements shall apply:
1.
Minimum lot size (square feet): 15,000; 7,500 for urban renewal use.
2.
Minimum lot area per dwelling unit, QCD-10 and QCD-15 (square feet):
325; not applicable to urban renewal use.
3.
Maximum number of stories, QCD-10: 10.
4.
Maximum number of stories, QCD-15: 15, but 20 by special permit for
urban renewal use.
5.
Urban renewal use. For an urban renewal use where air rights parcels
are utilized, common ownership of a lot shall not be required.
8.3.4.
Off-street parking. For purposes of these requirements, a residential
studio unit and each room in a lodging house shall be considered to
be a one-bedroom dwelling unit. Off-street parking facilities in the
Quincy Center Districts shall be provided as follows:
1.
Residential. Minimum number of parking spaces per bedroom within
a dwelling unit where 80% or more of building gross floor area is
residential: 1.0.
2.
Residential. Minimum number of parking spaces per bedroom within
a dwelling unit where less than 80% of building gross floor area is
residential: 0.75 for the first bedroom in a dwelling unit and 0.5
for each additional bedroom.
3.
Assembly. One space per 10 seats.
4.
Institutional. One space per 2,000 square feet of gross floor area.
5.
Office. One space per 600 square feet of gross floor area; provided,
however, that for new construction with a net increase in gross floor
area of 10,000 square feet, parking shall be provided at a ratio of
one space for every 400 square feet of office or retail use and at
a ratio of one space for every 300 square feet of restaurant use.
6.
Urban renewal use other than residential condominium/cooperative
units. The number of spaces shall be as determined by the Planning
Board in accordance with the certification of consistency.
7.
Urban renewal use comprised of one or more residential condominium/cooperative
units. One space per dwelling unit.
8.3.5.
(Reserved)
8.3.6.
Site plan review. Except for urban renewal uses and as provided
below, all uses and all structures within the Quincy Center Districts
shall require a special permit. When the proposed change, addition,
alteration or renovation is less than 20% of the gross square foot
area of an existing structure or less than 5,000 square feet of floor
area or lot area, whichever is less, only site plan review shall be
required.
8.3.7.
Special permit granting authority. The Quincy Planning Board
is hereby designated the special permit granting authority for all
matters within the Quincy Center Districts. The Planning Board is
authorized to approve or disapprove:
8.3.8.
Special permit and site plan approval criteria. The Planning
Board shall not approve a special permit or site plan unless it finds
that all of the following additional criteria are met:
1.
The Planning Board has adopted the Quincy Center District Design
Guidelines, dated November 2005, and the Quincy Center Districts Urban
Revitalization and Redevelopment Plan, dated May 7, 2007, both as
may be amended, for use in implementing this subsection. Those guidelines
shall be provided to every permit applicant, who shall be required
to show compliance with these guidelines as part of its application.
The Planning Board shall include as a part of any permit decision
a statement addressing compliance issues with these guidelines.
2.
For mixed-use projects, the applicant must establish that the proposed
uses are to be located within structure(s) in a manner that promotes
ease of use and access and consistency with the surrounding uses/architecture;
e.g., retail uses should front onto a street and new housing shall
be consistent with any adjacent existing residential use in terms
of density, style of architecture, etc.
3.
Any development should be pedestrian friendly, as the Quincy Center
Districts will have limited vehicular access, and should be consonant
with the development goals for the district. Indicators of compliance
with this criterion include:
a.
Ground floors, particularly where they face public streets,
public parks, and publicly accessible pathways, consist of spaces
that are actively inhabited by people, such as retail stores, consumer
service businesses and restaurants, general office, educational or
residential uses. Where a mix of activities is accommodated in a building,
the more active uses are encouraged facing public streets, parks and
pathways.
b.
Covered parking on the lower floors of a building and on-grade
open parking shall be discouraged where the parking faces a public
street, public park, or publicly accessible pathways.
c.
Ground floors should be generally 25% to 50% transparent. The
greatest amounts of glass would be expected for retail uses with lesser
amounts for office, institutional or residential use.
d.
Entries to buildings shall be located so as to ensure safe pedestrian
movement across streets, encourage walking as a preferred mode of
travel within the City and to encourage the use of public transit
for employment and other trips. Relating building entries as directly
as possible to crosswalks and to pathways that lead to bus stops and
transit stations is encouraged; buildings shall be located and developed
to encourage pedestrian pathways over the lot and through the districts.
4.
Where appropriate, housing shall be a component of any large commercial
development.
5.
The common areas, both internal and external, shall, where appropriate,
be accessible to the pedestrian public. Restrictions on this access
can be established by the applicant or its successor in interest.
6.
The location, dimensional and aesthetic features of the proposed
development shall not be detrimental to the architectural character
of the downtown, to the improvement of traffic access and circulation,
and to the creation of active pedestrian and street life within the
districts.
7.
There will be no nuisance or serious hazard to vehicles or pedestrians.
8.
Adequate and appropriate facilities (including but not limited to
parking and loading) will be provided for the proper operation of
the proposed use. Said facilities shall be located and designed so
as to be compatible with neighboring developments.
9.
Historical buildings and places within the Quincy historical district
are to be respected and protected. Special consideration shall be
given to the preservation of historical buildings and places within
the Quincy Center Districts.
8.3.9.
Public Art and Place-Making Program. It is the purpose of this
subsection to lessen the visual impact of development and to create
a Public Art and Place-Making Program for new development and redevelopment
in the Quincy Urban Redevelopment District and the Quincy Center Zoning
Districts on plots greater than 1/4 acre. The Public Art and Place-Making
Program, through the requirements of this subsection, shall further
the commitment of the City of Quincy to the aesthetic enrichment of
the community through the creation, preservation and protection of
works of art.
8.3.10.
Public Art Commission. There is hereby established a Commission
to be known as the "Public Art Commission." The Public Art Commission
shall consist of five members plus an additional two alternates and
one nonvoting high school student, all of whom shall be appointed
by the Mayor. A quorum shall consist of three voting members. The
Public Art Commission members shall be nominated as follows:
|
1 nomination by the President of the City Council
|
|
3 nominations by the Mayor
|
|
1 nomination by the Planning Board
|
|
2 alternates nominated by the Mayor
|
|
1 nonvoting student nominated by the Mayor
|
8.3.11.
Powers and duties of Commission. The Public Art Commission powers
and duties shall include but not be limited to:
1.
Adoption of Public Art and Place-Making Program guidelines and amendments
thereto.
2.
Authorizing expenditures of $20,000 or less in furtherance of the
public art program.
3.
Recommending to the Mayor other expenditures of the Public Art Fund
in excess of $20,000.
4.
Establishing an annual administrative budget for the Commission.
5.
Establishing an annual calendar which shall include not fewer than
six open public meetings of the Commission.
8.3.12.
On-site and off-site contributions. All development, redevelopment,
remodeling or converting greater than 20,000 square feet in gross
floor area which is in nonresidential districts, or within mixed-use
or multifamily districts on plots greater than 1/4 acre within the
Quincy Urban Redevelopment District of the Quincy Center Zoning Districts,
shall participate in the Public Art and Place-Making Program. When
construction is phased, the aggregate gross square footage of the
entire project or development shall be added together to determine
whether the twenty-thousand-square-foot threshold is reached. Owners
have the three choices for participating in the Public Art and Place-Making
Program as follows:
1.
Off-site option. The owner of a development or redevelopment may
pay as mitigation 1% of the development hard costs, exclusive of land
acquisition expenses, to the Commission's Public Art Fund prior to
the issuance of a building permit;
2.
On-site option. The owner of a development or redevelopment project
may provide artwork located at the development site equal to or greater
than 1% of the development hard costs, exclusive of land acquisition
expenses, for the project; or
3.
The owner of the development and the Public Art Commission may agree
to allocate part of the funding to pay for on-site art and place the
remainder of the contribution into the off-site Public Art Fund.
8.3.13.
Public Art Fund. There is hereby created a Public Art Fund administered
by the Public Art Commission which shall consist of all contributions
received from projects as defined under Section 8.3.12. The Public
Art Fund shall also include cash grants and donations to the City
for public art and place-making projects from governmental or private
resources and all other funds allocated by the City through DIF funding
or any budgetary process for the provision of public art. The Public
Art Fund shall be used solely for the Commission's administrative
budget and expenses associated with the selection, commissioning,
acquisition, transportation, maintenance, public education, promotion,
administration, removal and insurance of the works of art or in relation
thereto.
8.3.14.
Public Art and Place-Making Program Guidelines. The Public Art
Commission shall prepare, and from time to time revise, Public Art
and Place-Making Program Guidelines, as part of the Quincy Center
District Design Guidelines, which shall provide guidance for program
organization; organizational governance and staffing responsibilities;
procedures for project planning; artist selection; art selection criteria;
art placement criteria; donation; loans and memorials; collection
management; and administration of the Public Art Fund. Such guidelines
shall be made available to the public.
8.4.1.
Permitted uses. Within any Planned Unit Development and Planned
Unit Development 1 District, no buildings or premises shall be used,
and no building or structure shall be permitted, for other than one
of the following specified purposes:
1.
Detached dwellings occupied by not more than one family, conforming
to the requirements of Residence A Districts, shall be permitted by
right.
2.
Planned communities under unified ownership or control in those areas
of the City provided with sanitary sewers, disposal facilities, adequate
highway access and public water supply shall be allowed by special
permit by the City Council. Within such planned communities, the location
of all residential, commercial, industrial and governmental uses,
school sites, parks, playgrounds, recreation areas, parking areas
and other open spaces shall be controlled in such a manner as to permit
a variety of housing accommodations and land uses in orderly relationship
to one another. All uses permitted by right or by special permit shall
be allowed in a Planned Unit Development District.
3.
Public ways and private accessways, with Planning Board approval
of a definitive subdivision plan, of at least fifty-foot width, to
land in any district which is isolated or landlocked or which has
inadequate access.
4.
The redevelopment of a hospital site.
[Added 12-18-2017 by Order No. 2017-189]
8.4.2.
Dimensional requirements. In any Planned Unit Development District
and Planned Unit Development 1 District, the following dimensional
requirements shall apply for any development except single-family
dwellings which shall conform to the dimensional requirements of Residence
A Districts:
|
Minimum PUD/PUD 1 size (square feet)
|
100,000
|
|
Minimum PUD/PUD 1 area per dwelling unit (square feet)
|
2,000
|
|
Minimum open space per dwelling unit (square feet)
|
100
|
|
Maximum floor area ratio
|
4.0
|
|
Maximum number of stories
|
8
|
8.4.3.
Off-street
parking. Off-street parking facilities shall be provided as follows
(see also Section 5.1):
|
Residence - minimum number of spaces per dwelling unit
|
1.25
|
|
Assembly - number of seats requiring 1 space
|
10
|
|
Institution - number of square feet requiring 1 space
|
1,000
|
|
Retail - number of square feet requiring 1 space
|
400
|
|
Office - number of square feet requiring 1 space
|
400
|
|
Factory and warehouse - number of square feet requiring 1 space
|
2,000
|
8.4.4.
Off-street loading. Off-street loading requirements shall be
as set forth in Section 5.2.
8.4.5.
Location of structures; open space. The proposed location and
arrangement of structures shall not be detrimental to existing or
prospective adjacent land uses or to existing or prospective development
of the neighborhood. Open spaces, including those between structures,
shall be protected where necessary by adequate restrictions or covenants,
running with land conveyances or dedications. Every single-family
dwelling shall have access to a public court, walkway or other area
dedicated to public use.
8.4.6.
Special permit required. Planned communities as set forth in
Section 8.4.1.2 shall be permitted after submission to the Planning
Board in accordance with MGL c. 40A, § 11, and the issuance
of a special permit by the City Council. The plans and descriptions,
when approved by a two-thirds vote of all the members of the City
Council in conformance with the standards and regulations set forth
in this section, should constitute the controls placed on the special
permit. Any change or amendment in the plan or written description
shall require after submission to the Planning Board in accordance
with MGL c. 40A, § 11, the approval of 2/3 of the members
of the City Council.
8.4.7.
Age-restricted housing. In any Planned Unit Development District
and Planned Unit Development 1 District, an age-restricted senior
housing facility may be permitted under this section, provided that
the facility satisfies the application and submittal requirements
of this section, and for such age-restricted senior housing facility
the revised dimensional requirements applicable shall be as follows:
|
Minimum PUD/PUD 1 size
|
5 acres
|
|
Minimum PUD/PUD 1 area per dwelling unit (square feet)
|
1,250
|
|
The City Council shall approve the form or forms of ownership
and management controls which limit the occupancy to residents who
have attained the age of 55 years and which forms may be altered or
modified from time to time during the useful life of the facility
so long as the age-restricted limitation is not altered and so long
as no temporary or permanent overnight occupancy for a period in excess
of 14 days by any person who has not attained the age of 55 years,
related or not, is permitted. The spouse of a qualified resident who
has attained the age of 55 years may be exempted from the age-restricted
limitation hereby imposed.
|
8.4.8.
Congregate elderly facility. In any Planned Unit Development
District and Planned Unit Development 1 District, a congregate elderly
facility may be permitted, provided that the facility satisfies the
application and submittal requirements of this section.
8.4.9.
Congregate elderly facility; dimensional requirements. In addition
to the requirements of this section and for such congregate elderly
facility, the revised dimensional requirements applicable shall be
as follows:
|
Minimum PUD/PUD 1 size (square feet)
|
38,000
|
|
Minimum PUD/PUD 1 area per dwelling unit (square feet)
|
500
|
|
Maximum floor area ratio
|
2.0
|
|
Maximum number of stories
|
6
|
|
Minimum number of parking spaces per dwelling unit
|
0.5
|
8.4.10.
Congregate elderly facility; special permit. Congregate elderly
facilities shall be permitted after submission to the Planning Board
in accordance with MGL c. 40A, § 11, and the issuance of
a special permit by a two-thirds vote of all members of the City Council.
Any change or amendment in the plan or conditions shall require approval
by a two-thirds vote of all members of the City Council.
1.
Each application shall include a development plan with a building
profile and site plan, including existing and proposed topography,
public utilities, parking, streets or ways, landscaping and other
site-development-related information.
2.
Each application also shall include a vicinity map showing the proposed
use in relation to transit services, grocery stores, parks and open
space, community facilities, medical facilities and a description
of proposed management of the facility and the number and types of
services to be provided to the residents.
3.
Each application shall also include a market survey performed by
a reputable marketing firm that outlines the need for the proposed
elderly housing facility.
8.4.11.
Congregate elderly facility; required facilities. Community
space and related equipment shall be required to provide social and
recreational opportunities for facility occupants. Included may be
such facilities as game rooms, meeting rooms, or music or craft rooms.
All facilities must provide a doctor's examining room.
8.4.12.
Congregate elderly facility; transportation. Each complex must
provide a transportation management plan that should demonstrate private
transportation for all residents of the complex. This may include,
but not be limited to, private van service and taxicab voucher system.
8.4.13.
The redevelopment of a site now or formerly serving as a hospital
facility shall be permitted as of right, provided only that the redevelopment
includes the reuse of existing structures, the construction of new
structures and related improvements for the same or similar medical
purposes, assisted living, long-term care, senior independent living
or residential uses subject to the provisions herein. Such redevelopment
shall be subject to site plan review by the Planning Board under Section
9.5, acting as permit granting authority for such redevelopment purposes
hereunder. Any residential component shall be subject to the provisions
of Section 7.0 relating to affordable housing. Except as provided
in this section, any redevelopment shall be subject only to the provisions
of Section 8.4.14 in regard to dimensional, parking and loading requirements.
[Added 12-18-2017 by Order No. 2017-189]
8.4.14.
Dimensional, parking and loading requirements. The following
requirements shall be applicable to the redevelopment of a lot under
the provisions of this and the previous section:
[Added 12-18-2017 by Order No. 2017-189]
[Added 11-21-2016 by Ord.
No. 2016-249]
8.5.1.
Purpose.
1.
The purpose of this section is:
a.
To provide greater opportunity for the construction of quality
developments on and adjacent to land used for transit facilities by
providing flexible guidelines which allow the integration of a variety
of land uses consistent with and taking advantage of such transit
uses in one development;
b.
To encourage mixed-use development in areas accessible to public
transit;
c.
To provide a predictable, clear and understandable process for
the review of new development within the transit-oriented districts;
d.
To promote and create jobs, housing inventory and affordable
housing in conformance with Section 7.1 of this chapter;
e.
To enhance the architectural character of the transit-oriented
districts;
f.
To improve traffic access and circulation;
g.
To promote uses within the transit-oriented districts which
are complementary with the nearby transit uses; and
h.
To identify and engage in opportunities to collaborate with
the public, in a robust and through public process.
2.
Transit-oriented districts shall be overlay districts on the Zoning
Map and, for any land within a transit-oriented district, a developer
may choose to conform either to all the controls which govern the
underlying zoning district or to the transit-oriented district, and
if electing the transit-oriented district, such development shall
be subject to the development controls and processes set forth in
this Section 8.5.
3.
The following transit-oriented district overlay districts provided
for by this Section 8.5 and shown on the maps attached to and adopted
with this Section 8.5 are hereby established: at the North Quincy
Station of the Massachusetts Bay Transportation Authority (MBTA).
4.
This Section 8.5 does not establish a transit-oriented district at
the Quincy Center Station, Wollaston Station or Quincy Adams Station
of the MBTA.
8.5.2.
Uses. Within transit-oriented districts, buildings and premises
may be used for TOD permitted uses subject to compliance with the
requirements of Section 8.5.3. TOD prohibited uses shall be prohibited
in transit-oriented districts. Any other use may be permitted in a
transit-oriented district with a special permit from the Planning
Board pursuant to Section 8.5.6.
8.5.3.
Dimensional requirements. Within transit-oriented districts,
the following dimensional requirements shall apply:
1.
Minimum lot size: one acre.
2.
Minimum lot area per dwelling unit: 325 square feet.
3.
Maximum number of stories: eight.
4.
A development parcel may consist of multiple legal parcels which
may be owned by different parties and which are not required to be
contiguous.
5.
There shall be no minimum or maximum dimensional requirements in
transit-oriented districts other than as set forth in this Section
8.5.3. Upon the issuance of a certification of consistency for a proposed
development in a transit-oriented district, the dimensions reflected
on the reviewed site plan shall be deemed to be in compliance with
this section.
6.
The dimensional requirements in a transit-oriented district may be
reduced or modified as permitted by the Quincy Planning Board in accordance
with its consistency review, if the Quincy Planning Board determines
that such a reduction or modification is consistent with the purpose
of transit-oriented districts and this Section 8.5.
8.5.4.
Off-street parking. For purposes of these requirements, a residential
studio unit shall be considered to be a one bedroom dwelling unit.
Off-street parking facilities in transit-oriented districts shall
be provided at the following minimum amounts:
1.
Residential: one per dwelling unit.
2.
Retail: three per 1,000 square feet of gross floor area.
3.
Restaurant: one per 10 seats.
4.
Assembly: one per 10 seats.
5.
Institutional: one per 2,000 square feet of gross floor area.
6.
Office: one per 600 square feet of gross floor area; provided, however,
that for new construction with a net increase in gross floor area
of 10,000 square feet, parking shall be provided at a ratio of one
space for every 400 square feet.
7.
Shared parking. Because of the proximity of an MBTA transit station
in a transit-oriented district, where a mix of uses is proposed within
a development parcel and where the uses in question have peak user
demands at different times, up to 50% of the required amount of minimum
parking set forth in this Section 8.5.4 may be provided via a shared
parking arrangement.
8.5.5.
Consistency review. All development and redevelopment of all
uses and all structures within transit-oriented districts (if the
owner or developer of the proposed development or redevelopment has
elected to permit such development or redevelopment in a transit-oriented
district and Sections 8.5.1 through 8.5.4 rather than the underlying
zoning district) shall require a determination by the Quincy Planning
Board of consistency with this Section 8.5. Development or redevelopment
in a transit-oriented district is exempt from the requirements of
Section 8.1 of this chapter regarding development in the Floodplain
Overlay District, including any requirement for a special permit;
the treatment of impacts on the floodplain shall instead be taken
into consideration by the Planning Board during its consistency review
of the applicable transit-oriented district development.
8.5.6.
Special permit granting authority. Where the following is otherwise
required for a development in a transit-oriented district (which development
or redevelopment is being permitted pursuant to the transit-oriented
overlay district and Sections 8.5.1 through 8.5.4), the Quincy Planning
Board is hereby designated as the special permit granting authority
for such matters within transit-oriented districts:
8.5.7.
Special permit and consistency review criteria. The Planning
Board shall not approve a special permit or make a determination of
consistency for a project in a transit-oriented district proceeding
under a transit-oriented district and this Section 8.5 unless it finds
that all of the following criteria have been met:
1.
The project conforms with the TOD design guidelines.
2.
For mixed-use projects, the applicant must establish that the proposed
uses are to be located within structure(s) in a manner that promotes
ease of use and access.
3.
Where appropriate, housing shall be a component of any large-scale
commercial development.
4.
Where appropriate, the common areas of the development, both internal
and external, shall be accessible to the public. Reasonable restrictions
on public access as appropriate can be established by the applicant
or its successor in interest. This concept shall not apply to common
areas exclusively serving the residents of residential developments.
5.
The location of buildings and features, dimensions of the site and
the development, traffic impacts and aesthetic features of the proposed
development shall not be detrimental to vehicular access and circulation
within the site and the area leading to and surrounding the development
parcel.
6.
There will be no nuisance or serious hazard to vehicles or pedestrians.
7.
Adequate and appropriate facilities (including but not limited to
trash, snow storage or removal, parking and loading) will be provided
for the proper operation of the proposed use.
8.5.8.
Prevailing wage. Any development under this transit-oriented
district shall be required to compensate workers no less than the
current prevailing wage.
