The purposes of this section are:
A. To encourage the preservation of open land for its scenic beauty
and to enhance agricultural, open space, forestry, and recreational
use;
B. To preserve historical and archeological resources; to protect the
natural environment, including Fitchburg's varied landscapes
and water resources;
C. To protect the value of real property;
D. To promote more sensitive siting of buildings and better overall
site planning;
E. To perpetuate the appearance of Fitchburg's traditional New
England landscape;
F. To facilitate the construction and maintenance of streets, utilities,
and public services in a more economical and efficient manner;
G. To offer an alternative to standard subdivision development;
H. To promote the development of housing affordable to low, moderate,
and median income families; and
I. To promote the development of housing for persons over the age of
55.
In accordance with the following provisions, a flexible development
project may be created, whether a subdivision or not, from any parcel
or set of contiguous parcels held in common ownership and located
entirely within the City, having a total area equal to or greater
than five times the minimum lot area in which the lot or lots are
located. In the case of multiple zoning districts, the minimum lot
area shall be prorated based on the district with the larger minimum
lot area.
Flexible development may be authorized upon the issuance of a special permit by the Planning Board. Applicants for flexible development shall file with the Planning Board the information required by Section
181.94.
Each development plan shall follow the design process outlined
below. When the development plan is submitted, applicants shall be
prepared to demonstrate to the Planning Board that this design process
was considered in determining the layout of proposed streets, house
lots, and contiguous open space.
181.7141.
Understanding the Site. The first step is to inventory existing
site features, taking care to identify sensitive and noteworthy natural,
scenic and cultural resources on the site, and to determine the connection
of these important features to each other.
181.7142.
Evaluating Site Context. The second step is to evaluate the
site in its larger context by identifying physical (e.g., stream corridors,
wetlands), transportation (e.g., road and bicycle networks), and cultural
(e.g., recreational opportunities) connections to surrounding land
uses and activities.
181.7143.
Designating the Contiguous Open Space. The third step is to
identify the contiguous open space to be preserved on the site. Such
open space should include the most sensitive and noteworthy resources
of the site and, where appropriate, areas that serve to extend neighborhood
open space networks.
181.7144.
Location of Development Areas. The fourth step is to locate
building sites, streets, parking areas, paths and other built features
of the development. The design should include a delineation of private
yards, public streets and other areas, and shared amenities, so as
to reflect an integrated community, with emphasis on consistency with
historical development patterns.
181.7145.
Lot Lines. The final step is simply to draw in the lot lines
(if applicable).
The Planning Board encourages applicants for flexible development
to modify lot size, shape, and other dimensional requirements for
lots within a flexible development, subject to the following limitations:
181.7151.
Lots having reduced area or frontage shall not have frontage
on a street other than a street created by the flexible development;
provided, however, that the Planning Board may waive this requirement
where it is determined that such reduced lot(s) are consistent with
existing development patterns in the neighborhood.
Dwelling units shall be allowed as follows:
181.7161.
Basic Maximum Number. The basic maximum number of dwelling units
allowed in a flexible development shall not exceed the number of lots
which could reasonably be expected to be developed upon the site under
a conventional plan in full conformance with all zoning, subdivision
regulations, health regulations, wetlands regulations and other applicable
requirements. The proponent shall have the burden of proof with regard
to the design and engineering specifications for such conventional
plan.
181.7162.
Density Bonus. The Planning Board may award a density bonus
to increase the number of dwelling units beyond the basic maximum
number. The density bonus for the flexible development shall not,
in the aggregate, exceed 35% of the basic maximum number. All dwelling
units awarded as a density bonus shall be two bedroom units. Computations
shall be rounded to the lowest number. A density bonus may be awarded
in the following circumstances:
A. For each additional 10% of the site (over and above the required
10%) set aside as contiguous open space, a bonus of 5% of the basic
maximum number may be awarded; provided, however, that this density
bonus shall not exceed 25% of the basic maximum number.
B. For every two dwelling units restricted to occupancy by persons over
the age of 55, one dwelling unit may be added as a density bonus;
provided, however, that this density bonus shall not exceed 10% of
the basic maximum number.
181.7171.
Types of Buildings. The flexible development may consist of
any combination of single-family, two-family and multifamily residential
structures. A multifamily structure shall not contain more than five
dwellings. The architecture of all multifamily buildings shall be
residential in character, particularly providing gabled roofs, predominantly
wood siding, an articulated footprint and varied facades. Residential
structures shall be oriented toward the street serving the premises
and not the required parking area.
181.7172.
Roads. The principal roadway(s) serving the site shall be designed
to conform with the standards of the City where the roadway is or
may be ultimately intended for dedication and acceptance by the City.
Private ways shall be adequate for the intended use and vehicular
traffic and shall be maintained by an association of unit owners or
by the applicant.
181.7173.
Parking. Each dwelling unit shall be served by two off-street
parking spaces. Parking spaces in front of garages may count in this
computation.
181.7174.
Contiguous Open Space. A minimum of 10% of the parcel shown
on the development plan shall be contiguous open space. Any proposed
contiguous open space, unless conveyed to the City or its Conservation
Commission, shall be subject to a recorded restriction enforceable
by the City, providing that such land shall be perpetually kept in
an open state, that it shall be preserved for exclusively agricultural,
horticultural, educational or recreational purposes, and that it shall
be maintained in a manner which will ensure its suitability for its
intended purposes.
A. The percentage of the contiguous open space which are wetlands shall not normally exceed the percentage of the tract which are wetlands; provided, however, that the applicant may include a greater percentage of wetlands in such open space upon a demonstration that such inclusion promotes the purposes set forth in Section
181.711 above. In no case shall the percentage of contiguous open space which is wetlands exceed 50% of the tract.
B. The contiguous open space shall be used for conservation, historic
preservation and education, outdoor education, recreation, park purposes,
agriculture, horticulture, forestry, or for a combination of these
uses, and shall be served by suitable access for such purposes.
C. The contiguous open space shall remain unbuilt upon, provided that
the Planning Board may permit up to 20% of such open space to be paved
or built upon for structures accessory to the dedicated use or uses
of such open space, pedestrian walks, and bike paths.
D. Underground utilities to serve the flexible development site may
be located within the contiguous open space.
181.7175.
Ownership of the Contiguous Open Space. The contiguous open
space shall, at the Planning Board's election, be conveyed to
either:
A. The City or its Conservation Commission; or
B. A nonprofit organization, the principal purpose of which is the conservation
of open space and any of the purposes for such open space set forth
above; or
C. A corporation or trust owned jointly or in common by the owners of
lots within the flexible development. If such corporation or trust
is utilized, ownership thereof shall pass with conveyance of the lots
in perpetuity. Maintenance of such open space and facilities shall
be permanently guaranteed by such corporation or trust which shall
provide for mandatory assessments for maintenance expenses to each
lot. Each such trust or corporation shall be deemed to have assented
to allow the City to perform maintenance of such open space and facilities,
if the trust or corporation fails to provide adequate maintenance,
and shall grant the City an easement for this purpose. In such event,
the City shall first provide 14 days written notice to the trust or
corporation as to the inadequate maintenance and, if the trust or
corporation fails to complete such maintenance, the City may perform
it. Each individual deed, and the deed or trust or articles of incorporation,
shall include provisions designed to effect these provisions. Documents
creating such trust or corporation shall be submitted to the Planning
Board for approval, and shall thereafter be recorded.
181.7176.
Buffer Areas. A buffer area of 100 feet shall be provided at
the perimeter of the property where it abuts residentially zoned or
occupied properties, except for driveways necessary for access and
egress to and from the site. No vegetation in this buffer area will
be disturbed, destroyed or removed, except for normal maintenance.
The Planning Board may waive the buffer requirement: i) where the
land abutting the site is the subject of a permanent restriction for
conservation or recreation so long as a buffer is established of at
least 50 in depth which may include such restricted land area within
such buffer area calculation; or ii) where the land abutting the site
is held by the City for conservation or recreation purposes; or iii)
the Planning Board determines that a smaller buffer will suffice to
accomplish the objectives set forth herein.
181.7177.
Drainage. Stormwater management shall be consistent with the
requirements for subdivisions set forth in the rules and regulations
of the Planning Board.
The Planning Board may approve, approve with conditions, or
deny a special permit for a flexible development after determining
whether the flexible development better promotes the purposes of this
flexible development section than would a conventional subdivision
development of the same locus.
181.7181.
Relation to Other Requirements. The submittals and permits of
this section shall be in addition to any other requirements of the
Subdivision Control Law or any other provisions of this chapter.
The planned unit development provision is designed to provide
various types of land uses which can be combined in a compatible relationship
with each other as part of a totally planned development. It is the
intent of this provision to insure compliance with good planning and
zoning practices while allowing certain desirable departures from
the strict provisions of specific zone classifications. The advantages
which are intended to result from a planned unit development are to
be ensured by the adoption of a precise development plan with a specific
time limit for commencement of construction.
181.7211.
The objectives of planned unit development are to:
A. Free the development process from the constraints of conventional
lot lines and inflexible zoning standards based upon lot-by-lot development.
B. Encourage flexibility and creativity in the design of development
through a carefully controlled review process of particular plans
rather than the strict regulation of all plans within a zone.
C. Encourage innovation in commercial and residential development so
that the growing demand for more and varied housing may be met by
a greater variety in type and design of living units.
D. Encourage a less sprawling form of community development which makes
more efficient use of land, requires shorter networks of streets and
utilities and which fosters more economical development and less consumption
of developable land.
E. Permanently preserve existing natural topography and wooded areas
within developed areas and to provide usable open space and recreation
facilities in close proximity to homes.
F. Provide an efficient procedure which will insure appropriate, high-quality
design and site planning and a high level of environmental amenity.
G. Provide an opportunity for streamlining the redevelopment process
in declining urban areas.
Planned unit development may be authorized in any district upon the grant of a special permit by the Planning Board. Applicants for planned unit development shall file with the Planning Board the information required by Section
181.94. Planned unit developments shall comply with all requirements prescribed herein.
The City of Fitchburg has different use and development objectives
for different sections of the City. The use provisions by districts
for a planned unit development are as follows:
181.7231.
All Districts except RR. In all districts, except Rural Residential
(RR), a planned unit development may be allowed but must be limited
to those permitted uses that are allowed in the RR, RA, RB, RC, DB,
IB NB and FSU Districts. The minimum area for a property to be eligible
under this section is the lesser of 60,000 square feet or five times
the minimum lot area for the district in which it is located.
A. Such uses shall be allowed, provided that the use is non-nuisance
and not objectionable because of dust, odor, fumes, smoke, refuse,
glare, radiation, noise or vibration and provided also that the use
is not contrary to the general welfare, safety and health of the City
of Fitchburg.
B. There can be a multiplicity of types of development, provided, that
at the boundaries with existing residential development, the form
and type of development on the planned unit development site boundary
is compatible with the existing or potential development of the surrounding
neighborhoods. Furthermore, it may be necessary to include appropriate
visual screening to buffer the impact between the proposed development
and adjacent properties. The plan for the total property shall be
submitted, and the applicant shall clearly detail, by engineering
and architectural specifications and drawings, the manner in which
the subject area is to be developed and the means that will be employed
to protect the abutting property and the health, safety, welfare and
privacy enjoyed thereon.
C. Maximum bulk, density, setbacks, parking and loading requirements
shall be established for each planned unit development by the development
plan approved by the Planning Board.
D. Minimum Lot Frontage. To preserve and protect the value of properties
adjacent to a proposed planned unit development district and to provide
for an orderly and uniform transition, lots which will be adjacent
to or across the street from existing residential developments may
be required to have an amount of street frontage not less than that
of the minimum chapter requirements for the zone in which they are
located.
E. Minimum Lot Size. Residential sizes in a planned unit development
district may be reduced below the minimum standards required by this
chapter. As a prerequisite, the developer shall demonstrate that there
is a reasonable relationship between the proposed lot size and the
usable and accessible open area within the total development. An individual
lot shall be large enough to provide for private open space associated
with the living accommodations.
181.7232.
Rural Residence District. In a Rural Residence District (RR) a planned unit development may be allowed, subject to the above provisions in Section
181.7231 and the following:
A. In a Rural Residence District, residential development may include
single-family and multifamily units in any form of ownership, limited
to a height of no more than three stories.
B. Retail and commercial use may be allowed but restricted to a total
floor area not greater than 10% of the gross floor area of the proposed
residential units. All structures intended for business use shall
be of superior design and be similar in architectural type as the
proposed residential units. The type of retail or commercial use shall
be limited to those that serve the needs of the neighborhood which
may include grocery stores, barbershops, professional offices and
banks.
Provision shall be made so that, when applicable, usable open
space shall be owned by a corporation or trust owned or to be owned
by the owners of lots or residential units within the development
that may be approved by the Planning Board. This land will be protected
by legal instruments from future development.
After notice and public hearing, the Planning Board, by a two-thirds
vote, may grant a special permit if each of the conditions listed
below have been satisfied:
181.7251.
The proposed planned unit development is in harmony with the
purpose and intent of this chapter and with the stated objectives,
and that it will promote the purpose of this section.
181.7252.
The mixture of uses in the planned unit development is determined
to be sufficiently advantageous to render it appropriate to depart
from the normal requirements of the district.
181.7253.
The planned unit development would not result in a significant
negative environmental impact.
181.7254.
The planned unit development will add to the long-term assets
of the community and that it will not erode the value of existing
and neighboring areas.
The Planning Board may, in appropriate cases, as it determines,
impose further restrictions upon the planned unit development or parts
thereof as a condition to granting the special permit.
The purpose of this section is to provide a mechanism for the
approval of:
A. Assisted living facilities (ALF) within a residential environment
that offer supportive services to individuals who are unable to live
independently in the community by offering supervision and/or assistance
with basic activities of daily life, such as, but not limited to,
dressing, bathing, toileting, and nutrition; and
B. Independent living facilities (ILF) that offer congregate living
arrangements to persons over the age of 55. It is also the purpose
of this section to enable the development of ALF and ILF in a manner
that conserves environmental features, woodlands, wet areas, open
space, areas of scenic beauty, views and vistas as well as encouraging
the renovation and rehabilitation of older, existing buildings, and
to promote the development of ALF and ILF in a manner harmonious with
the surrounding land uses while protecting natural resources and open
space.
For the purposes of this Section
181.73, these words have the following definitions:
ALF
An assisted living residence as defined in 651 CMR 12.02.
An ALF and/or an ILF may be constructed as set forth in Section
181.313, Table of Principal Uses, subject to the requirements set forth herein, upon the issuance of a special permit, and upon site plan approval pursuant to Section
181.95.
181.7331.
No other use or structures shall be permitted, except as specifically
provided herein.
181.7332.
An ALF or an ILF may consist of a single building or multiple
buildings.
181.7333.
Structures and uses accessory to the ALF or ILF may also be
provided (with the exception of covered parking areas) within the
same building, including, but not limited to, the following: beauty
and barber salons; recreational, physical fitness and therapy services;
nondenominational chapel; library; bank automated teller machine;
management offices; adult day care or adult day health facility; hospice
residence; food service; laundry and covered parking areas; provided,
however, that such accessory uses and structures shall be designed
for the primary use of the residents and staff of the ALF or ILF.
Such accessory uses may not be designed for or used as a general business
by the general public. Such accessory uses shall be wholly be within
a structure containing residential units, and shall have not exterior
advertising display.
181.7334.
The facility shall be served by the municipal water and sewer
system.
The Planning Board shall serve as the special permit granting authority for special permits under this section. The Planning Board may waive the submittal of technical information or documents otherwise required in Section
181.94 where the applicant demonstrates that, due to the simplicity of the proposal, such information is not necessary for or applicable to the Planning Board's decision. An application for a special permit shall be accompanied, if applicable, by a definitive plan of land pursuant to the provisions of MGL c. 41, §§ 81O and 81T as the same may be from time to time amended and the regulations of the Planning Board and a filing fee determined in accordance with the Planning Board's regulations. The applicant shall also submit 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 the City Solicitor.
In order to be eligible for consideration for a special permit
pursuant to this section, the proposed development shall meet all
of the following standards:
181.7351.
Open Space Requirement for ALFs and ILFs in Residentially Zoned Areas. As per the requirements of Section
181.71, Flexible Development.
181.7352.
Buffer. A buffer area of 100 feet shall be provided at the perimeter
of the property where it abuts residentially zoned or occupied properties,
except for driveways necessary for access and egress to and from the
site. No vegetation in this buffer area will be disturbed, destroyed
or removed, except for normal maintenance. The Planning Board may
waive the buffer requirement i) where the land abutting the site is
the subject of a permanent restriction for conservation or recreation
so long as a buffer is established of at least 50 feet in depth which
may include such restricted land area within such buffer area calculation;
or ii) where the land abutting the site is held by the City for conservation
or recreation purposes; or iii) the Planning Board determines that
a smaller buffer will suffice to accomplish the objectives set forth
herein.
181.7353.
Removal and Replacement of Vegetation. With the site, no clear
cutting shall be permitted, except incidental to construction of buildings,
roads, trails and parking areas.
181.7354.
Roadways and Paths. The principal roadway(s) serving the site
shall be designed to conform with the standards of the City where
the roadway is or may be ultimately intended for dedication and acceptance
by the City. Private ways shall be adequate for the intended use and
vehicular traffic and shall be maintained by an association of unit
owners or by the applicant. Where the roadway is or may be ultimately
intended for dedication and acceptance by the City, granite curbing,
gray in color, is required, except in areas of very low traffic volume
where no curbing will be required. Rolled asphalt (Cape Cod berm)
curbing is unacceptable in all such ways. Curbing is to be sloped
or cut to provide a barrier free transition at road crossings and
building entrances. Paving should be textured or of different materials
at pedestrian crossings and walkways. The use of stone, brick or cultured
stone pavers for entrance walkway borders is encouraged. The use of
textured materials for walkway borders is encouraged. Paths for the
use of residents shall be attractively designed with proper regard
for convenience, separation of vehicular, bicycle, and pedestrian
traffic, adequate connectivity, completeness of access to the various
amenities and facilities on the site and to pathways on adjacent sites.
181.7355.
Parking. The applicant shall provide adequate parking to serve
all anticipated uses on the property, with information detailing the
method of computation of parking spaces. The minimum number of parking
spaces provided on the site shall be 0.3 parking space per dwelling
unit in an ALF and 1.0 parking space per dwelling unit in an ILF.
For both ALFs and ILFs one parking space shall be provided for every
three employees during the largest shift. The Planning Board may increase
the required parking by up to 10% to serve the needs of employees,
visitors and service vehicles. All parking areas shall be screened
from view from adjacent residentially zoned or occupied premises located
outside the site, including public ways, by a landscaped border at
least ten feet in width. Parking lots in front setbacks in residential
zones and in buffer areas in all zones, with the exception of necessary
access driveways, are prohibited. Parking areas in residential districts
shall be located to the side or rear of all buildings. Parking lot
layout shall be planned to permit landscaping, buffering, or screening
to prevent direct views of parked vehicles from adjacent streets.
The use of traditional picket fencing, hedges, walls, or landscape
berms to define parking areas is encouraged. In parking areas of eleven
or more parking stalls, at least one tree of three inch or greater
caliper shall be planted for every six parking places. Adequate tree
wells and irrigation shall be provided for all parking lot landscaping.
Pedestrian access is to be taken into consideration in parking lot
design. The use of separate walkways is encouraged. Textured paving
or grade separated (elevated) walkways are desired on all pedestrian
accessways.
181.7356.
Loading. Loading areas must be at least 20 feet by nine feet,
and have a minimum overhead clearance of 10 feet. Screening and landscaping
shall be provided to block all views of loading areas (except those
specifically designated for emergency vehicles) from the public right-of-way
and adjacent properties.
181.7357.
Surface Drainage. The surface drainage system shall be designed
in accordance with the regulations of the Planning Board.
181.7358.
Utilities. All electric, gas, telephone, and water distribution
lines shall be placed underground, except upon a demonstration of
exceptional circumstances.
181.7359.
Emergency Call. The ALF or ILF shall have an integrated emergency
call, telephone and other communications system to provide monitoring
for its residents. There shall be sufficient site access for public
safety vehicles. A plan shall be approved by the Fire Department for
the emergency evacuation of the residents with emphasis on ensuring
the safety of residents with physical impairments.
181.7361.
Massing and Style. Building massing and style must be distinctively
residential in character, drawing on the historical design elements
that are contextually consistent with regional New England architecture.
Historical and traditional design elements are encouraged. Front yards
which use boxwood hedges, evergreen hedges, traditional style picket
fences, stone walls, or iron picket fences with granite curb and pilasters
is encouraged. Fences or hedges should not exceed three feet in height
at the fronts of buildings. Fences and landscaping to screen service
areas may exceed this height, consistent with the intent and use of
the space.
181.7362.
Roofs. Preference shall be given to roof pitches consistent
with single-family, residential design. New England traditional or
vernacular styles are preferred. Material must be consistent with
the architecture of the building. Composition shingle material is
acceptable, providing that it is of high quality and provides architectural
definition to the tab shingle to emulate traditional wood shingle
styles. Tile, slate, or metal roofing is permitted, provided it is
consistent with the architectural style of the building. Gutters and
downspouts are encouraged to provide drainage away from foundations,
but must be consistent with the other architectural elements of the
building. All buildings should have a chimney to convey the look and
feel of residential use.
181.7363.
Facade Element. Design of the facade shall be highly detailed
and articulated to be compatible with the scale and sensitivity to
the residential uses of the project. Facades should have a well-defined
foundation, a modulated wall element, and pitched roof or articulated
cornice which defines the character of the building, and provides
relation to the human scale of typical family residences.
181.7364.
Entrances. Building entrances must comply with all current accessibility
regulations, however the use of ramps and lifts is discouraged. Buildings
should be designed with entrances that are barrier free for the intended
residential or commercial uses. The use of sloping entry walks, covered
entryways, porticos, arcades, and covered porches is encouraged. Where
grade separation of an entrance is required because of site topography,
accommodation should be provided in the architectural detail of the
entry to allow barrier free use by building residents and visitors.
181.7365.
Door and Window Openings. Doors and windows form the transition
from public to private space, and should reflect residential detailing
in design and placement. The use of cornices, architectural moldings,
side lights, transom lights, and raised panels in doors is encouraged.
Window openings should vary between buildings, but should not be unbroken
and continuous in any circumstance. The use of opening sash windows
with true divided lights, or detailing to convey the character of
divided lights is encouraged. The use of shutters consistent with
the architecture of a building is encouraged. A wide range of material
for doors and windows is acceptable, except that the use of commercial,
anodized or painted aluminum or steel storefront assemblies is discouraged.
181.7366.
Materials and design elements. Material chosen for exterior
elements should be consistent with the intent and use of materials
traditionally found in residential design in New England. Siding materials
such as clapboard and shingle are preferred, and the use of new materials
which reduce maintenance, but emulate the look and feel of traditional
materials is encouraged. The use of a variety of trim material to
provide detail at the eaves, comers, gables, pediments, lintels, sills,
quoins, and balustrades is encouraged. The use of bays, towers, cupolas,
cross gables, and dormers to provide unique character to a building
and provide articulation of the facade is encouraged. The color palette
chosen for any building should be consistent with colors traditionally
found in residential design in New England.
It is the intent of this subsection to permit and encourage
the appropriate reuse of land and buildings that are no longer needed
or suitable for their original use, 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)
merit preservation.
181.7371.
The Planning Board must find that the proposal 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 City Council on
the sale, lease, or transfer of the site.
181.7372.
Applicants wishing to convert existing structures to be used
as ALFs or ILFs may do so, subject to the following additional conditions:
the buffer requirements, minimum open space requirements, and building
height requirements shall be those physically existing as of July
21, 2001. Furthermore, in the process of granting a special permit
hereunder, the Planning Board may permit expansion of the structure
to the degree reasonably necessary to construct entryways and features
to comply with ADA requirements and fire escape and fire protection features.
The Planning Board may grant a special permit for an ALF where
it makes the following findings:
181.7381.
The proposed ALF complies with the requirements of this section;
181.7382.
The proposed ALF 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;
D. Visual impact caused by the character and scale of the proposed structure(s).
A. To encourage multifamily development and redevelopment in sensible
locations in terms of services, transportation, infrastructure, economic
opportunity and compatibility with surrounding uses.
B. To ensure high quality site planning, architecture and landscape
design that enhances the distinct visual character and identity of
the City and provides an environment with safety, convenience and
amenity.
C. To encourage mixed uses that serve residents and the general public,
where applicable.
D. To improve and increase housing choice.
Multifamily development may be authorized upon the grant of a special permit and site plan approval by the Planning Board in accordance with Section
181.313, Table of Principal Use Regulations. Applicants shall file with the Planning Board the information required by Sections
181.94 and
181.95 and comply with applicable requirements prescribed therein and standards below.
The following standards shall apply to multifamily development
(MFD) in various forms (such as but not limited to multifamily development,
planned unit development), to establish criteria where there is none
and to provide supplemental guidelines for existing housing ordinance
provisions (but not supersede flexibility of those provisions):
A. For every dwelling unit above three units, there shall be an increase
in minimum lot area, over and above the minimum for the district,
equal to one-third the minimum lot area for the district. In districts
with no minimum lot area, a multifamily use under this section shall
have a minimum lot area of 2,500 square feet per unit, including the
first three units.
B. For multifamily developments of nine or more dwelling units, the
Planning Board may waive this density provision if determined that
the grant of such waiver will not adversely affect the neighborhood
and promotes the purpose of this section.
C. There shall be a buffer zone of fifty feet from any building or structure
on an adjacent lot where said lot is not under the same ownership.
The Planning Board may waive or reduce the buffer requirement for
the reuse of an existing structure or where the Planning Board determines
that a smaller buffer will not adversely affect adjoining property.
D. Unless otherwise prescribed within this chapter, multifamily developments shall provide a minimum of one paved off-street parking space for each one-bedroom dwelling unit, 1.5 paved off-street parking spaces for each two-bedroom dwelling unit and two paved off-street parking spaces for each dwelling unit consisting of three or more bedrooms. Nonresidential uses shall conform with the provisions of Sections
181.51 and
181.52. Parking areas shall otherwise comply with these provisions unless the applicant provides sufficient justification for a waiver and the Planning Board determines the grant of such waiver will not adversely affect the neighborhood and is in the public interest.
E. Where reuse of a lawfully preexisting nonconforming structure is
proposed, the Planning Board may reduce the dimensional front yard,
side yard, rear yard setbacks and height requirements to existing
conditions, if the Board determines the reductions will not adversely
affect the neighborhood and promotes the purpose of this section.
F. The Planning Board may amend the above requirements for multifamily
developments in the DB and IB Districts where it finds the multifamily
development to be consistent with smart growth principles and adequate
means of off-street parking is available.
G. The ownership title to all buildings and all land shall be held in
a single ownership, either by a corporation or an individual.
H. All nonresidential uses shall be located within a multifamily dwelling
on the same lot.
Nonresidential uses may be allowed but must be limited to those permitted uses that are allowed in the same district or otherwise allowed by special permit by the Planning Board in that district, in accordance with Section
181.313. Nonresidential uses must be determined compatible with residential uses. It is the intention of this Section
181.744 to allow certain business uses within the development to provide services for the tenants of the development and general public. Additional parking and loading spaces conforming to the provisions of Sections
181.51 and
181.52 herein, in addition to the regular parking spaces required for multifamily dwellings, shall be provided.
Considerations shall be made to incorporate the following design
standards as applicable.
A. Provisions for snow storage/removal.
D. Pedestrian sidewalks and accessibility improvements.
F. Trash storage/removal/screening.
H. Electric vehicle charging stations.
I. Occupant and building security.
J. Preservation of historic building architectures (windows, facade,
etc.).
K. Exterior facade improvements.
L. Landscaping, lighting and fencing improvements.
M. Water and sewage shall be disposed of by means of adequate connections
to the municipal system.
Individual lots in the RR and RA Districts need not have the
required amount of street frontage, provided that all of the following
conditions can be met for each individual lot lacking such frontage.
181.7521.
A rear lot must have at least two times the minimum area required
for the zoning district. That portion of the lot used for access from
the street [i.e., the "access strip" (also known as the "pipestem"
or "panhandle") of the lot] may not be used to satisfy this minimum
area requirement. For the purposes of this section the "access strip"
is determined to be that portion of the lot between the street providing
frontage for such lot and the point at which the width of the lot
is equal to the required lot frontage for the zoning district.
181.7522.
A rear lot must have an area that contains a circle with a diameter
of the normal frontage requirement in the applicable zoning district.
181.7523.
Driveway access to a rear lot must provide suitable access,
as determined by the Building Commissioner, for emergency vehicles.
181.7524.
A building line must be designated on the plan of a rear lot
and the width of the lot at that line must equal or exceed the number
of feet normally required for street frontage in the district.
181.7525.
The access strip also known as the "pipestem" or "panhandle"
shall be a minimum of 40 feet wide for its entire length from the
street to the point at which the width of the lot is equal to the
required lot frontage for the zoning district, and the lot frontage
shall be a minimum of 40 feet. Lot frontage shall meet all of the
requirements contained in the definition of "frontage" in this chapter.
181.7526.
Not more than one rear lot shall be created from a property,
or a set of contiguous properties held in common ownership. Documentation
to this effect shall be submitted to the Planning Board along with
the application for approval not required or definitive subdivision
plans under the Subdivision Control Law. Proposed building lots submitted for such endorsement or approval under this rear lot section must first be reviewed and approved by the Planning Board as to conformance with these provisions. If such lot is found to conform to the requirements of this section, the Planning Board shall endorse the lot as "approved as a 'rear lot' under Section
181.74 of the Fitchburg Zoning Ordinance." This endorsement may be part of the approval not required endorsement. The Building Commissioner shall not issue a building permit for any rear lot without first establishing that compliance with this provision has been determined by the Planning Board and that proof of recording of the plan has been provided to the Building Commissioner.
181.7527.
At the time of the creation of the rear lot, it shall be held
in common and contiguous ownership with the front lot.
181.7528.
The applicant shall submit a plan to the Planning Board under
the Subdivision Control Law depicting both the rear lot and the front
lot from which the rear lot was created.
181.7529.
Rear lots serving principal structures shall have front, rear,
and side setbacks in compliance with those required in the district.
The setback shall be measured from the point at which the lot width
meets the minimum required lot width for the zoning district in which
it is located.
For the purpose of promoting the safety of the residents of
the City of Fitchburg, an application for a building permit for a
residential structure shall include a plan, at a reasonable scale,
not to exceed one inch equals 100 feet, showing the driveway serving
the premises, and showing existing and proposed topography at 10 foot
or three meter contour intervals. All driveways shall be constructed
in a manner ensuring reasonable and safe access from the public way
serving the premises to within a distance of 100 feet or less from
the building site of the residential structure on the premises, for
all vehicles, including, but not limited to, emergency, fire, and
police vehicles. The Building Inspector shall not issue a building
permit for the principal structure on the premises unless all of the
following conditions have been met:
181.7611.
Except in access strips of less than fifty feet width to rear lots, or in the case of a common driveway as set forth below, no driveway shall be located within three feet of any property line, building and sidewalk except by special permit issued by the Planning Board after a determination that said driveway will provide safe and reasonable access for fire, police and emergency vehicles. See also applicable driveway design requirements as referenced in Section
181.51 Off-Street Parking and the City Code.
181.7612.
The distance of any driveway measured from the edge of travelled
portion of the way providing access to the lot to the point where
the principal building is proposed shall not exceed a distance of
500 feet, unless the Planning Board shall grant a special permit after
a determination that said driveway will provide safe and reasonable
access for fire, police and emergency vehicles.
181.7613.
The grade of each driveway where it intersects with the edge
way providing access to the lot shall not exceed 5% for a distance
of 20 feet from the travelled surface of such way unless the Planning
Board shall grant a special permit after a determination that said
driveway will provide safe and reasonable access for fire, police
and emergency vehicles.
Common driveways may be permitted to allow for more efficient traffic flow, to reduce traffic hazards from numerous individual driveways, to consolidate access to lots across wetland resources, and otherwise where, in the Planning Board's judgment, such an arrangement will be more advantageous to the neighborhood than separate driveways. Common driveways serving not more than two lots may be allowed by special permit from the Planning Board. A common driveway shall be designed in accordance with all Planning Board rules and regulations, the requirements of Section
181.716, and all of the following conditions:
181.7621. The center line intersection with the center
line of the way providing access to the lot shall not be less than
45 degrees.
181.7622. A minimum width of 12 feet shall be maintained
over its entire length.
181.7623. A roadway surface of a minimum of four inches
of graded gravel shall be installed, placed over a properly prepared
base, graded and compacted to drain from the crown.
181.7624. The driveway shall be located entirely within
the boundaries of the lots being served by the driveway.
181.7625. Proposed documents shall be submitted to
the Planning Board demonstrating that, through easements, restrictive
covenants, or other appropriate legal devices, the maintenance, repair,
snow removal, and liability for the common driveway shall remain perpetually
the responsibility of the private parties, or their successors in
interest.
181.7626. The common driveway shall be within a common
access and utility easement at least 25 feet wide. All proposed utilities
within the common driveway shall be shown on the plan submitted with
the special permit application.
181.7627. At a minimum, the first 25 feet from the
public way shall be paved with bituminous asphalt with a total thickness
of three inches and return (corner) radii of 25 feet. Longer paving
distances may be required due to factors such as length or grade of
driveway, erosion, visual impacts or safety factors. Access from within
the common driveway to the public way shall be so drained as to prevent
damage or hazard to abutting properties or public streets.
181.7628. A permanent marker not greater than six square
feet in area with a diagram listing addresses of the properties shall
be placed at the edges of the driveway where it meets the public way
and where the common driveway meets each individual lot driveway.
Where a common driveway accesses a roadway other than a public way,
additional address markers may be required. The common driveway may
be named, but the name must be approved by the Planning Board during
the special permit review or at the time of application for street
numbering to the DPW.
181.7629. Should the special permit be approved, a
document shall be recorded at the Registry of Deeds and shall so be
recited in and attached to every deed to each lot served by the common
drive. Such document must include the following:
A.
Provisions for allocating responsibility for maintenance, repair
and/or reconstruction of the common driveway, drainage system and
signage.
B.
Text of proposed easements including meets and bounds description.
181.7630. Any of the conditions of this Section
181.762 may be waived, in part or in total, at the discretion of the Planning Board, if the Board determines that the waiver(s) will not be detrimental to the purpose of the special permit section of this chapter, and will be in the best interest of the City.
Lodging houses and boardinghouses are allowed with the issuance of a special permit and site plan approval in the RC and FSU Zoning Districts. In addition to the criteria in Sections
181.94 and
181.95. The special permit granting authority shall make the following findings:
A. The propose use and structure is compatible with the scale and character
of the neighborhood
B. The site has sufficient on-site parking to serve residents and employees.
C. The property satisfies the requisite building and life safety codes.
D. The applicant has provided a satisfactory management plan.
E. The proposed use will not generate excessive traffic or noise.
F. The special permit will not be transferrable.
Definition. A "home occupation" is defined as either:
A. A home business, profession or trade conducted entirely by a resident
of the premises entirely within the residence; or
B. Home based contractor business that is conducted by a resident of
the premises accessory to a residential use and consisting of only
an office and no external storage of materials.
A home occupation may be allowed as of right, provided that
it:
181.7811.
Is conducted by the person(s) occupying the dwelling as a primary
residence;
181.7812.
Is clearly incidental and secondary to the use of the premises
for residential purposes;
181.7813.
Does not produce offensive noise, vibration, smoke, dust, odors,
heat, lighting, electrical interference, radioactive emission or environmental
pollution;
181.7814.
Does not utilize exterior storage of material or equipment;
181.7815.
Does not exhibit any exterior indication, including signs, of
its presence or any variation from residential appearance; provided,
however, a single motor vehicle, not in excess of 10,000 pounds manufacturer's
GVW, exhibiting the name and particular of the business, shall be
allowed;
181.7816.
Does not produce any customer, pupil or client trips to the
occupation site and has no nonresident employees; and
181.7817.
Is registered as a business with the City Clerk.
A home occupation may be allowed by special permit issued by
the Board of Appeals, provided that it:
181.7822.
Is conducted by the person(s) occupying the dwelling as primary
residence and, in addition to the residents of the premises, by not
more than one additional employee;
181.7823.
Does not exhibit any exterior indication of its presence, or any variation from residential appearance, except for a sign or name plate in compliance with Section
181.53; and
181.7824.
A special permit for such use is granted by the Board of Appeals,
subject to conditions, including, but not limited to, restriction
of hours of operation, maximum floor area, off-street parking, and
maximum number of daily custom vehicle trips. Such special permit
shall be limited to five years, or the transfer of the property, whichever
first occurs.
Marijuana establishment (ME) or similar facility.
Residential uses of six units or less are permitted by right
in the Intown Business District, provided that:
181.791.
The dwelling units do not occupy the ground floor of a structure
with frontage on Main Street. Residential uses in the Intown Business
(IB) District with units occupying a ground floor structure with frontage
on Main Street requires a special permit from the Planning Board.
181.792.
Residential dwellings of three units or less are housed within
a mixed-use, not standalone structure.