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A.
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Uses. See the Table of Uses included as an attachment to this chapter (§ 86-36).
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B.
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Dimensional regulations. See the Table of Dimensional Regulations included as an attachment to this chapter (§ 86-35).
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(Reserved)
(Reserved)
(Reserved)
(Reserved)
A.
Uses. See the Table of Uses included as an attachment to this chapter (§ 86-36).
B.
Dimensional regulations. See the Table of Dimensional Regulations included as an attachment to this chapter (§ 86-35).
(1)
Maximum building height: shall not exceed six stories or 80 feet,
whichever is greater. This restriction shall not apply to chimneys,
ventilators, tanks, bulkheads and other accessory features required
above roofs or to towers, spires, domes and ornamental features of
churches and other nonresidential buildings. The maximum building
height may be increased to 12 stories or 150 feet upon granting of
a special permit by the Zoning Board of Appeals.
(2)
Minimum parking requirements:
(a)
Dwelling units: 1.5 spaces per unit if less than 50 units; 1.25
spaces per unit if 50 or more units.
(b)
Restaurant and retail establishments: no dedicated parking spaces
required.
(c)
Hotel or lodging room: one space for each hotel room or lodging
room.
(d)
Office use: one space per each 200 s.f. of gross floor area;
after 10,000 s.f. of gross floor area, one space for every 1,000 s.f.
of gross floor area.
(e)
Industrial uses: one space per each 500 s.f. of gross floor
area.
(f)
Water-dependent uses: 0.6 space per each boat slip or mooring.
(g)
Mixed-use developments that share parking spaces, containing
more than 200 spaces, may reduce the required number of spaces by
30%.
D.
Interaction with state statutes and regulations. Nothing in § 86-175 shall be deemed to be inconsistent with or supersede any federal or state statute, rule or regulation regarding waterfront property, including but not limited to the Deepwater Port Act of 1974, Massachusetts General Laws Chapter 91 regulating waterways, or the state wetlands protection statute.
A.
District established. There is hereby established a Medical District
within the City. Said district is bound and described as follows:
Beginning at a point at the center line intersection of Seventh
Street and Pleasant Street; thence running northerly by the center
line of Seventh Street to the center line intersection of Seventh
Street and Bedford Street; thence running easterly by the center line
of Bedford Street to the center line intersection of Bedford Street
and 12th Street; thence running southerly by the center line of 12th
Street to the center line intersection of 12th Street and Pleasant
Street; thence running easterly by the center line of Pleasant Street
to the center line intersection of Pleasant Street and Front Street;
thence running southerly by the center line of Front Street to a point
on the eastern property line of Map M-11, Lot 10; thence southerly
along the eastern property line of Map M-11, Lot 10 approximately
189 +/- feet; thence easterly along the southerly property line of
Map M-11, Lot 10 approximately 68 +/- feet; thence crossing I-195
to a point on the easterly property line of Map I-19, Lot 9; thence
southerly along easterly property line of Map I-19, Lot 9 approximately
398 +/- feet; thence southerly along the westerly line of Map I-19,
Lot 7 approximately 100 +/- feet; thence westerly along the southerly
property line of Map I-19, Lot 9 approximately 301 +/- feet; thence
southerly along the westerly property line of Map I-19, Lot 16 to
the center line of Rodman Street; thence westerly along the center
line of Rodman Street to the center line intersection of Rodman Street
and Plymouth Avenue; thence southerly along the center line of Plymouth
Avenue to the center line intersection of Plymouth Avenue and Morgan
Street; thence westerly along the center line of Morgan Street to
the center line intersection of Morgan Street and Hartwell Street;
thence northerly along the center line of Hartwell Street to the center
line intersection of Hartwell Street and the eastbound ramp 6 of I-195;
thence along the eastbound exit ramp 6, crossing I-195 to the center
line of westbound ramp 6 of I-195; thence along the center line of
westbound exit ramp 6 to the center line of Pleasant Street; thence
along the center line of Pleasant Street to the point of beginning.
B.
Uses. See the Table of Uses included as an attachment to this chapter (§ 86-36).
C.
Dimensional regulations. See the Table of Dimensional Regulations included as an attachment to this chapter (§ 86-35).
[Added 11-14-2017 by Ord.
No. 2017-26]
A.
Purpose. The purpose of the KPMOD is to provide adequate minimum
standards and procedures for the construction of new and rehabilitation
of existing structures so as to promote economic and cultural development
in the King Philip Mill area.
B.
Location. The KPMOD is hereby established as an overlay district
comprised of the area between the south side of Dwelly Street, the
east side of Kilburn Street, the north side of Charles Street extended
to Cook Pond and the western and northwestern shoreline of Cook Pond,
specifically excluding areas located within said boundaries which
have been designated as residentially zoned on the effective date
of this section. The KPMOD is hereby designated and more specifically
shown on the City of Fall River Zoning Map, as may be subsequently
amended, on file in the office of the City Clerk.
C.
APPLICANT
DWELLING UNIT
PROPOSED PROJECT
PROPOSED PROJECT SITE
REGULATIONS
UPPER LEVEL FLOORS
Definitions. Within this § 86-178, the following terms shall have the following meanings:
The person or persons, including a corporation or other legal
entity, who applies for issuance of a special permit hereunder. The
applicant must own, or be the beneficial owner of, all the land included
in the proposed site, or have authority from the owner(s) to act for
him/her/it/them or hold an option or contract duly executed by the
owner(s) and the applicant giving the latter the right to acquire
the land to be included in the site.
A residence, including studio units. Each residence shall
contain a living area, bathroom and, except in studio units, one or
more bedrooms, and may contain a kitchen area or combination kitchen/living
area.
The project proposed by the applicant for which a special
permit is being sought.
The parcel of land, with buildings thereon, on which the
proposed project is located.
The rules and regulations of the Planning Board.
Any floor of a building that is located above the street
level floor. In the event that two floors of the same building are
level to a street or streets, neither of the two floors shall be considered
upper level floors. Notwithstanding the previous sentence, in the
event the Planning Board determines that the majority or an equal
amount of street access is provided through the lower of the two floors
level to a street or streets, the higher of the two floors level to
a street or streets may be deemed an upper level floor.
D.
Front yard.
(1)
No story or part of any building, except projecting eaves or uncovered
steps, shall be erected nearer to the street line of any street on
which it fronts than the average alignment of the corresponding stories
or parts of existing buildings within 200 feet on each side of the
lot and within the same block and district. Where there is a building
on one or both of the adjoining lots, the front yard for a building
shall have a depth equal to the average of the front yard depths of
the two adjoining lots. A lot without a building shall be counted
as having a front yard of the depth required by this chapter. If there
are no existing buildings on the same side of the street, the average
setback alignment of corresponding stories within 200 feet on each
side of and directly opposite the lot shall govern.
(2)
Notwithstanding the previous Subsection D(1), no building constructed
within the KPMOD shall have a front yard that exceeds 10 feet.
E.
Special permit. Pursuant to the requirements of this § 86-178, the following may be permitted upon the issuance of a special permit by the Zoning Board of Appeals:
(1)
Residential dwelling units on all floors of preexisting structures;
(2)
Commercial uses on the ground floor of preexisting structures;
(3)
Reductions in setbacks, density, green space and parking requirements
to allow for the development of residential dwelling units on all
floors of preexisting structures;
(4)
Reductions in parking requirements for commercial use of preexisting
or new structures.
F.
Special permit application.
(1)
An application for a special permit shall be submitted to the Zoning
Board of Appeals on forms furnished thereby. Applicants are encouraged
to rehabilitate existing structures and to permit reuses which are
compatible with the character of the neighborhood and which take into
consideration the interests of abutters, neighbors and the public,
especially where the site abuts a residential area or the building(s)
merits preservation.
(2)
In addition, the applicants shall submit:
(a)
The following plans:
[1]
A copy of the site plan approved by the Planning Board, if required pursuant to Chapter 10, Buildings and Building Regulations, § 10-1 et seq., of the City Code. Notwithstanding the previous sentence, the applicant may choose to seek site plan approval from the Planning Board at the same time the Zoning Board of Appeals is considering his application for a special permit, hereunder, in which case he shall submit a statement indicating that he has filed an application for site plan approval with the Planning Board. Upon receipt of said statement, signed under the penalties of perjury, on a form prescribed by the Zoning Board of Appeals, the Zoning Board of Appeals shall deem this requirement fulfilled and shall include a condition in any approval that said approval is contingent upon the approval of said site plan by the Planning Board.
[2]
A plan illustrating location and layout of buildings, including
layouts of any dwelling units. Additional drawings may be subsequently
required by the Planning Board.
(b)
The following narrative reports or data:
[1]
A proposed development schedule showing the beginning of construction,
the rate of construction and development, including stages, if applicable,
and the estimated cost of construction and date of completion;
[2]
Information pertaining to any organization which the applicant
proposes to form where the development is to be a condominium development,
including forms and plans to be used to organize and manage the same,
for approval as to form by Corporation Counsel;
[3]
Copies of all proposed covenants, easements, and other restrictions
which the applicant proposes to grant to the City, the Conservation
Commission, utility companies, any condominium organization and the
owners thereof, including plans of land to which they are intended
to apply, for approval as to form by Corporation Counsel;
[4]
Any and all other information that the Zoning Board may reasonably
require in a form acceptable to it to assist in determining whether
the applicant's proposed development plan meets the objectives of
this section;
[5]
Compliance with any relevant housing development incentive program
for any housing development zone within which the property lies.
G.
Action by the Zoning Board of Appeals. The Board may grant a special
permit where it makes the following findings:
(1)
The proposed project complies with the requirements of this section;
(2)
The proposed project does not cause substantial detriment to the
neighborhood after considering the following potential consequences:
(a)
Noise, during the construction and operational phases;
(b)
Pedestrian and vehicular traffic;
(c)
Environmental harm;
(d)
Visual impact caused by the character and scale of the proposed
structure(s);
(e)
Where relief to parking requirement has been sought, applicant
has demonstrated that reasonable efforts have been made to comply
with parking requirements;
(f)
For conversions of existing structures, the Zoning Board of
Appeals must find that the proposed project protects the City's heritage
by minimizing removal or disruption of historic, traditional or significant
uses, structures or architectural elements, whether these exist on
the site or on adjacent properties. If the building is a municipally
owned building, the proposed uses and structures are consistent with
any conditions imposed by the Planning Board on the sale, lease, or
transfer of the site.
