Special Density/ Municipality, Permit Maximum New Minimum Type Name of District Reqd. Permitted Uses (in addition to underlying zoning) Units Expansions Buildings Affordable Units Parking Miscellaneous
15% of total units for no less then 30 years in Must provide 10 foot wide following break down: 5%screening and 1 tree for Contingent upon affordable to low income, every 6 spaces. Parking many factors Yes, number, type, 5% to moderate income, lots shall be located to the Uses allowed through special permit: Multifamily dwelling(s), assisted living facility, including: character scale architectural 5% to median income. rear or side of all buildings Additional standards Dracut single-family dwelling(s), nonresidential uses (nonresidential uses refers to those allowed of building, potential Yes, contingent style of new Affordable units must be and shall not be located in on: buffers, Mill Conversion within underlying zoning such as: day care facility, storage, professional office, lounge/pub, reuses, and number upon character buildings subject to integrated into overall the front set backs or in vegetation, loading Overlay District Yes financial services, retail space {greater or less than 5,000 sq.ft.}, and accessory uses) of affordable units. of building. approval. development. buffer areas. and others.
Must provide 6 foot wide screening and 1 tree for every 10 spaces. Parking Uses allowed through special permit: Residential use shall be permitted in conjunction 10% for no less then 30 lots shall be located to the with one or more of the following specified non-residential uses: A. Commercial years for low or moderate rear or side of all buildings Additional standards Dudley (restaurant, retail, or office establishment); B. Institutional (museum, educational use, income. Affordable units and shall not be located in on: commercial Mill Conversion
(Mark Bobrowski's structure) (Mark Bobrowski's charitable or philanthropic institution, municipal use, club or lodge); C. Recreational (indoor Yes, subject to Yes, subject to must be integrated into the front set backs or in vehicles, loading, Overlay District Yes commercial recreation); and D. Appropriate accessory uses. No mention approval. approval. overall development. buffer areas. lighting and others.
15% for no less then 30 years in following break Must provide 10 foot wide down: 5% affordable to screening and 1 tree for Contingent upon Yes, number, type, low income, 5% to every 6 spaces. Parking many factors scale architectural moderate income, 5% to lots shall be located to the Additional standards including: character style of new median income. rear or side of all buildings on: buffers, Westford of building, potential Yes, contingent buildings subject to Affordable units must be and shall not be located in vegetation, Mill Conversion Uses allowed through special permit: No uses specified in overlay district, all subject to reuses, and number upon character Planning Board integrated into overall the front set backs or in commercial vehicles Overlay District Yes underlying zoning. of affordable units. of building. Approval. development. buffer areas. and others. Yes, number, type, Contingent upon scale architectural many factors style of new Must provide adequate Fitchburg including: character Yes, contingent buildings subject to parking for uses as Additional standards Mill Conversion Uses allowed through special permit: Multifamily dwellings, assisted living facility, of building, potential upon character Planning Board indicated in underlying on: number of Overlay District Yes single-family dwelling(s) and/or nonresidential ancillary uses in some combination. reuses. of building. Approval. No mention zoning. bedrooms and others
20% in perpetuity in the following breakdown: 5% Uses allowed through special permit: Residential uses: single family dwelling, duplex to low income, 5% to Must provide adequate dwelling, multi-family dwelling; condominium, apartment, live and work unit; age-restricted Contingent upon moderate income, 5% to parking for uses. Parking housing; independent living unit. In conjunction with these residential uses, an Mill many factors Yes, number, type, median income, 5% to thelots shall be located to the Minimum residential Conversion Project may include one or more of the following non-residential uses: a. including: character scale architectural planning board's rear or side of all buildings use. At least 25% of Winchendon (Commercial uses) Restaurant, retail store, or offices. b. (Institutional uses) Museum, of building, potential Yes, contingent style of new discretion. Affordable and shall not be located in the gross floor area Mill Conversion educational use, charitable or philanthropic institution, municipal use, club or lodge. c. reuses, and number upon character buildings subject to units must be integrated the front set backs or in shall be used for
Mill Conversion Overlay District District Overlay Conversion Mill Overlay District Yes Appropriate accessory uses. of affordable units. of building. approval. into overall development. buffer areas. residential purposes. Special Density/ Municipality, Permit Maximum New Minimum Type Name of District Reqd. Permitted Uses (in addition to underlying zoning) Units Expansions Buildings Affordable Units Parking Miscellaneous
Uses allowed as of right: 1. Multifamily dwelling by renovation of an existing building; 2. Dwelling unit(s) on second or higher floor above permissible nonresidential use; 3. Wholesale or warehouse operation incidental to manufacturing on the premises; 4. Live/work space, including, but not limited to: customary home occupations; music or photographic studio; studio for arts, crafts, writing, acting, dancing, or other performing Each dwelling unit, No. arts; advertising, industrial design, media facility, architecture, interior design, recording including a dwelling unit Special studio; theater, film or video production; gallery, auction house, set shop; lighting, associated with live/work permit can engineering, or musical instrument manufacturing; sheet music printing, framing, arts space, shall be provided Holyoke grant supply, arts restoration. Uses allowed through special permit: 1. Any residential uses with one parking space. No Arts and Industry additional more than 25 dwelling units; or 2. Any residential uses with a floor area greater than 50,000 parking spaces shall be Still active industrial Overlay District uses. gross square feet. No mention No mention No mention No mention required for any other use. uses in district.
Normal requirements except: (i) All residential parking shall require 1.5 parking spaces for each dwelling unit; and (ii) No. No except for Yes, dependent Office, professional/general Special Uses allowed as of right: a) Multi-family dwelling, high rise; b) Multi-family dwelling, low alterations to upon the shall require one (1) permit can rise; c) Dormitories; and d) Single family semi-detached dwelling.Uses allowed through conform to the dimensional parking space for every 500Planning board may Worcester grant special permit: a). Business Use #7 food service excluding consumption/sale of alcohol building code for requirements of the square feet of gross floor waive or modify Adaptive Reuse additional beverage; b.) Business Use #10 indoor recreation, health club - profit; c). Business Use health and safetyunderlying zoning area. Special Permit can dimensional controls Overlay District uses. #24 retail sales, including retail with incidental fabrication assembly. No mention purposes. district. No mention grant changes. of normal zoning.
Yes, but new buildings cannot reduce potential All new off-street parking eligibility for listing areas shall be located to on the National the rear or side of all Uses allowed as of right: (a) Multi-family dwelling, (b) Assisted elderly housing (May not By right 9 units per Register of Historic buildings and shall not be exceed 100 units of multi-family or assisted elderly housing, including any combination acre allowed. By Places. Only located in front setbacks or thereof.) (c) Accessory uses of: (1) Adult day care, (2) Other uses customarily incidental to Special Permit 12 buildings that are common open space. a permitted use. Uses allowed through special permit: (a) Multi-family or assisted elderly units per acre necessary for Assisted elderly units: 1 housing in excess of the number of units allowed as a permitted use, (b) New construction allowed if Public essential services space per unit, plus one for uses permitted as of right, (c) Continuing care retirement community, (d) Nursing home, Benefits provisions Yes, but to elderly housing space per two employees (e) Medical offices or medical clinic, (f) Accessory uses of: (1) Adult day care accessory to are met. No more expansion may such as space for 5% in perpetuity, to be with further details. No minimum front No. a special permitted use, (2) Retail or service establishment, or restaurant serving food and then 100 units of not result in a security personnel, restricted for low or Multifamily units: 1 space yard setback Special beverages only in the building or on a patio adjacent to and directly accessible from the multi-family or floor area ratio wastewater moderate income per studio or one-bedroom requirement. At least permit can building, primarily for residents, outpatients or employees of a permitted or special permitt assisted elderly that is more than treatment facility, household. Must meet unit, 2 spaces per unit with 30% of the parcel Bellingham grant use, (3) Indoor or outdoor recreation, primarily for residents, outpatients or employees of a housing, including 1.25 times the independent living Local Initiative Program two or more bedroom with shall be protected as Mill Reuse Overlay additional permitted or special permitted use, (4) Other accessory uses customarily incidental to a any combination existing floor units, or a nursing affordable housing further details. More detailsusable common open
Residential Uses Allowed by Right District uses. special permitted use. thereof. area ratio. home. requirements. regarding other uses. space. Special Density/ Municipality, Permit Maximum New Minimum Type Name of District Reqd. Permitted Uses (in addition to underlying zoning) Units Expansions Buildings Affordable Units Parking Miscellaneous
NO UNDERLYING ZONING. Uses allowed through special permit: Uses within an existing mill building must be compatible with existing uses. Uses that create excessive noise or dust may not be compatible with residences, offices, restaurants or retail stores. Uses that create a high volume of vehicular or pedestrian traffic may not be compatible with Donating to city's residences. Residential uses are permitted on all floors or levels in buildings except on the public amenities may street level or first floor of new structures or commercial buildings which existed at the time allow up to 10% Easthampton of the adoption of this ordinance. The following types of residential uses may be permitted: reduction in the Extensive list of Mixed Use/Mill multifamily dwellings, multifamily housing for elderly and/or handicapped persons, minimum lot area objectives in purpose Industrial District Yes accessory apartments, and bed-and-breakfast establishments. requirements. No mention No mention No mention No mention section.
NO UNDERLYING ZONING. Uses allowed by right: 1) Business office or professional office, 2) Retail sales and services, 3) Manufacturing, processing, or research, 4) Bulk No. storage, warehousing, distribution, 5) Craft workshop or light assembly shop, 6) Uses Special customarily accessory to the above.Uses allowed through special permit by Board of permit can Appeals: 1) Hotel Residential uses, with management plan Public utility Uses that involve Montague grant the construction, alteration or change of use of more than 10,000 square feet of floor area. Historic Industrial additional 2) Other uses similar to the above in externally observable attributes. Uses allowed Only uses discussed District uses. through special permit by Planning Board: Self-service storage facility No mention No mention No mention No mention No mention in bylaw.
At least two (2) parking spaces per dwelling unit The minimum floor are provided on the lot. Lowell areas is 750 sq.ft. for Where the lot does not Existing buildings Conversion of studio or one- provide sufficient area to being converted are Existing Buildings bedroom units, and accommodate parking, not subject to (Lowell also has an 900 sq.ft. for units parking may be provided onminimum setbacks, with two or more Building gross another lot located within maximum building Artist Overlay Bylaw applies to specific structures, not to a specific area or district. Uses allowed bedrooms. Planning floor area can Not applicable to 400 feet of the primary height, or maximum Disrict- through special permit: Structures having been constructed more than sixty years ago Board may these not increased by the structure of this entrance to the structure by number of stories summarized below) Yes may be altered so as to contain two (2) or more dwelling units. requirements. more than 10%. bylaw. No mention special permit. requirements.
An organization, If there is more than corporation or trust one type of major Buildings shall be owned in common by land use (e g , compatible with Off street parking shall be the owners of the Bylaw applies to specific structure, not an area or district. Uses allowed through residential, nearby architecture provided in accordance withdwelling units shall special permit: Existing mill structures of more than twenty thousand (20,000) square feet institutional, office and located and underlying zoning. All be responsible for of floor area may include the following uses dwelling units, retail offices, artist's lofts and building, or research designed in a parking spaces shall be maintaining all hand crafts. Accessory uses and recreation facilities for the use of the residents and/or establishment), no manner which subject to site plan reviews.common areas employees of the area only to include golf course, tennis courts, jogging trails, swimming one type shall conforms to the If the conversion is to Unless in an accessory including, but not Clinton pools and similar outdoor facilities, a community building not to exceed 5% of the total floor constitute less than existing natural dwelling units, at least garage within the structure, limited to lighting, area of the residential units, parking area and garages, storage sheds, cabanas, detached 10% or more than terrain of the site 10% of the units shall parking spaces shall only plowing, roadway, Mill Conversion/ fireplaces and similar facilities for use by the residents of the Planned Development, but n 70% of the total and encourages beset aside for low and lie between 25 feet and 300sidewalks, recreation Planned including home occupations, taking of boarders or lodgers, renting of rooms or professional dwelling units or maximum use of moderate income feet from a building used facilities and
Non Overlay Bylaws Overlay Non Development Yes offices, incidental retail sales and services. gross floor area. No mention solar energy. housing. for dwelling purposes. accessory structures. Special Density/ Municipality, Permit Maximum New Minimum Type Name of District Reqd. Permitted Uses (in addition to underlying zoning) Units Expansions Buildings Affordable Units Parking Miscellaneous
Uses allowed through special permit: Accessory residential use in conjunction with artists' studios in mill space/industrial properties in excess of 50,000 sq. ft. provided that: (a) There shall be no more than one residential use per 1,000 square feet of gross studio space; (b) A dedicated bathroom with water closet, sink and shower and a kitchen containing sink, refrigerator and stove shall be provided for each proposed residential use. Any new construction of studio spaces shall conform to commercial code. Adequate heat and ventilation shall be provided for each studio; (c) Trash and garbage removal must be provided for; (d) New construction for studio spaces shall conform to commercial building Parking shall be as Not an overlay codes, including fire alarm, fire protection, egress, etc. (h) Building owners and/or building determined by the Planning district, just an North Adams committees shall determine the qualifications of the artists using the studio spaces for Maximum number of Board with a minimum of amendment to Amendment to residential use and the limitations contained herein shall be included in any lease or sales 50 studio units per one parking space per existing Industrial Industrial Districts Yes contract with the resident artist. building. No mention No mention No mention studio. Districts.
No. No mention of Uses allowed by right: Existing mill buildings in existence prior to 1950 may be altered, Adequate provision shall be Fall River special reconstructed and used for: a. Office of any kind including medical office; b. Retail store or Amendment made for the off-street Very breif piece of Amendment to permit outlet; c. Bank or other financial institution; d. Restaurant or other eating place; and e. Uses Minimum lot area: pertians to only accommodation of all industrial district Industrial District process. customarily accessory to such uses. 10,000 square feet. No mention exosting structures No mention vehicles. chapter.
Providence,RI Amendment to
Amendment to Exiting Bylaw to Exiting Amendment Industrial District No Uses allowed by right as added to Light Industrial District: Multif-family housing. Uses allowed through special permit: All redevelopment projects must provide an area within the mill for education of the history of the property. Multi-family dwelling units shall For multifamily 10% in perpetuity, to be Northbridge only be permitted in conjunction with one or more of the nonresidential uses permitted housing; 10 units per Number, type, scalerestricted to persons under this section; (1) Office for administrative, executive, professional, sales and other acre is maximum, architectural style ofqualifying as moderate Board may decrease Historic Mill similar uses; (2) Retail, service, and restaurant; (3) Institutional (museum, educational use, bonuses available for Yes, contingent new buildings income. Affordable units parking requirements by up District consists of Adaptive Reuse charitable or philanthropic institution, municipal use, club or lodge); (4) Recreational (indoor providing additional upon character subject to Planning must be integrated into to 25% if two or more uses one Mill on two Overlay District Yes commercial recreation); and (5) Appropriate accessory uses. affordable units. of building. Board Approval. overall development. can share parking spaces. parcels of land. District consists of Uxbridge Uses allowed through special permit: (1) Office for administrative, executive, Number, type, scale one Mill. The Historic professional, sales and other similar uses; (2) Retail, service, and restaurant; (3) architectural style of Board may decrease Mill Bylaw shall be Historic Mill Institutional (museum, educational use, charitable or philanthropic institution, municipal us For residential Yes, contingent new buildings parking requirements by up exempt from the Adaptive Reuse club, lodge, or similar uses); (4) Recreational; (5) Residential; and (6) Appropriate housing 15 units per upon character subject to Planning to 25% if two or more uses Town's Growth Yes accessory uses. acre in maximum. of building. Board Approval. No mention can share parking spaces. Bylaw. Historic Mill Adaptive Reuse Overlay Overlay District Special Density/ Municipality, Permit Maximum New Minimum Type Name of District Reqd. Permitted Uses (in addition to underlying zoning) Units Expansions Buildings Affordable Units Parking Miscellaneous
To be determined by Board of Aldermen Chicopee with consideration of Normal requirements Mill Conversion Uses allowed through special permit: 1) Within an overlay district, there shall be no impacts to City No, except by although a reduction of restriction on combining different categories of use within the same building except any schools and services, special permit. 50% is available by special and Commercial imposed by the State Building Code or other federal or state regulations. 2) Multifamily traffic, adequacy of Must be compatible permit if two or more uses Center Overlay residential uses in conjunction with one or more of the uses by right in the underlying the site, and with nearby within a single developmentSeveral landscaping District Yes district. 3) Residential uses combined with studios with an emphasis on arts and crafts. technical reports. No mention architecture. No mention can share parking spaces. requirements.
Normal requirements except: 1. Retail Store, General and Personal Uses allowed by right: 1. Library, museums, art gallery or civic center. 2. Country or Services; Financial Studio, tennis club, lodge building or other non-profit social, civic, conservation or recreational use, Yes, complex Building Trade or No, but not including any use, the principal activity of which is one customarily conducted as a requirements if Yes, site plan Restaurant with no seating. although business. 3. Retail Store. 4. Indoor amusement or recreation place of assembly provided expansion more review for any new One space per 300 square Property owner can creation of that the building is so insulated and maintained as to confine noise to the premises. 5. than 50 percent structure/s under feet of floor area. 2. request creation of new district Commercial clubs and/or recreational establishments such as swimming pools, tennis of that the same Business or Professional new district on must be courts, ski clubs, camping areas, skating rinks or other commercial facilities offering structure's gross ownership on the Office One space per 400 his/her property, first outdoor recreation. 6. Drive-in, drive-thru, drive-up facilities or open-air business or floor area. Site same or contiguous square feet of floor area. 3. however can only approved appurtenant buildings or structures for any use permitted in Commercial I.Uses allowed plan review if lots that consists of Restaurants; Lodge or applied to properties Gardner by through special permit: 1. Five or more family dwellings (apartment or condominium more then 2500 more then 2500 Clubs; or other place of that lie within existing Development Planning buildings). 2. Restaurant or other place serving food or beverages with live or mechanical sq.ft. gross floor sq.ft. gross floor Assembly. One space per industrial I and Overlay District I Board. entertainment. No mention area. area. No mention every three seats. commercial I zones.
No mention of Parking. Uses allowed through special permit: 1. Multi-family Dwellings; 2. Business or Extended Miscellaneous: District consists of Professional Offices; 3. Retail Sales and Services, including Florist Shop; 4. Personal 11 properties in different areas and were selected Services; 5. Restaurants, except the use of drive-up windows; 6. School or College; 7. Non- with following criteria: lot contains at least 2 acres Millbury profit Club or Lodge; 8. Philanthropic Institutions; 9. Municipal Use; 10. Recreation and of land, contains a building of at least 5,000 sq.ft. Open Space; 11. Accessory Uses; and 12. Uses similar in nature and impact to those (GFA), building originally constructed before 1940 Adaptive Reuse listed above, subject to such determination by the Planning Board; or 13. Any combination and originally used for manufacturing or an Overlay District Yes of the uses shown above. No mention No mention No mention No mention associated use.
Williamstown Uses allowed through special permit: (A) Residential; 1. New two family dwellings, 2. Station Mill new multifamily dwellings, 3. multifamily dwellings by conversion of an existing historic District consists of Redevelopment building. (B) Business uses; 1. Theater, bowling alley, skating rink, club or other place for one Mill. Very brief
Miscellaneous District Yes amusement, exercise or assembly. (c) Accessory uses; parking of larger vehicles. No mention No mention No mention No mention No mention application section. Special Density/ Municipality, Permit Maximum New Minimum Type Name of District Reqd. Permitted Uses (in addition to underlying zoning) Units Expansions Buildings Affordable Units Parking Miscellaneous
The minimum floor areas shall be 750 sq. ft. for studio or Lowell one-bedroom units and 900 sq. ft. for Artist Overlay units with two or Disrict more bedrooms. (Lowell also has an Planning Board may Conversion of allow as many as fifty Existing Buildings percent (50%) of the units in any one All dimensional Bylaw - Uses allowed by Special Permit: Within the AOD, any existing building more than sixty project may be requirements of the summarized (60) years old maybe converted to artist live/work or residential use, containing two (2) or smaller than these As rquired in underlying underlying zone must Yes more dwelling units. minimums by SP. No mention No mention No mention zoning. be met.
Miscellaneous above)
Projects with a lot area between 25,000 Uses allowed through special permit: 1) Residential uses; may construct up to the and 40,000 sq.ft. maximum FAR allowed, single, two family and multifamily developments without any shall have a requirements for nonresidential use. 2) Mixed uses: retail stores, restaurants, business maximum floor area offices, personal service establishments and all residential uses permitted by this chapter, ratio of 1.0, projects except that drive-up customer services, fast-food establishments, used car lots, new car between 40,000 and dealerships, retail gasoline stations, and autobody shops are prohibited. Further, the total 80,000 sq.ft. shall square feet devoted to nonresidential uses shall not exceed 20% of the total gross floor ar have a maximum of the project, excluding basement parking areas However, in order to promote commercial floor area ratio of one Height restriction of redevelopment in the downtown area, projects shall be permitted to include the and five tenths (1.5); 65 feet. Maximum lot nonresidential uses allowed in the underlying business district, except that retail gasoline projects over 80,000 coverage of 40%. Waltham stations and used car lots shall be prohibited. Further, projects whose underlying zoning sq.ft. shall have a Must provide 4 foot wide Complex minimum Riverfront Overlay district is Business B or Business C shall not be subject to the twenty-percent maximum floor area screen with 4-6 feet tall open space District Yes nonresidential development limitation noted above. ratio of 2.0. No mention Yes Normal Requirements plantings. requirements.
Uses allowed as of right: 1. Harbor and marine supplies and services, chandleries, ship supply, not including bunkering of vessels; 2. Boat storage facilities, including rack storage facilities; 3. Marine-related scientific research and development; 4. Maritime-industrial related museum; 5. Marine office, including without limitation, offices of owners of wharves or their agent, naval architects, and seafood brokers; 6. Institutional uses, including marine research, education and laboratory facilities, riot including overnight accommodations; 7. Landscaped Areas; and 8. Accessory uses. Uses allowed through special permit: 1. No. Uses allowed as of right which occupy a gross-floor area and outside intensive use area Chelsea Special totaling 30,000 square feet or more; 2. Tugboat, fireboat, pilot boat and similar services permit can related to public safety on the Waterfront; 3. Public pedestrian paths, along the water's Projects shall have Waterfront grant edge providing marine industrial viewing opportunities and/or points of access to, from, and no more then 30,000 Industrial Overlay additional within the Chelsea Creek DPA; 4. Boatbuilding, including facilities for construction, sq.ft. gross floor area
Primary Focus Not Mill Reuse District uses. fabrication, maintenance, and repair of boats not exceeding a length of sixty (60) feet;..(m and outside use area.No mention No mention No mention No mention No mention Special Density/ Municipality, Permit Maximum New Minimum Type Name of District Reqd. Permitted Uses (in addition to underlying zoning) Units Expansions Buildings Affordable Units Parking Miscellaneous
All residential uses: 1.00 spaces for each studio or Must meet affordable one bedroom unit; 1.50 Uses allowed as of Right: a. Mixed use development shall be permitted by right and shall New Construction: housing requirements of spaces for two bedroom allow the use of buildings and land in one ownership for residential, retail, restaurant, office, maximum of 1 the Massachusetts unit; and 2 spaces for each personal service, government non-profit, educational, philanthropic, day care or similar us dwelling unit per Department of Housing unit with 3+ bedrooms. subject to the following: 1. Mixed use buildings shall require residential components to have 1,500 square feet of and Community Commercial uses: first separate and distinct points of access from any commercial use. In instances where a lot area but not less Development, and that 10,000 square feet of Lawrence mixed use development is comprised of more than one building on a lot, a building or than 20 units per procedures are in place tocommercially used space Many dimensional (Not Approved No. buildings may be used exclusively for residential purposes. 2. There shall be no minimum acre. Adaptive ensure the administration shall be exempt. Many requirements Yet) Special or maximum percentage of residential or commercial/ office uses in any type mixed-use Reuse: A maximum of said units over time; more details such as including height, permit can development. Further, buildings with a mix of commercial, residential and artist live / work of 1 dwelling unit per and that the total number Planning Board can allow setback, lot coverage Arlington Mills grant space shall be permitted consistent with all applicable building code requirements. b. 750 square feet of lot Yes, no specific Yes, no specific of affordable units is at shared parking or reduce open space, etc. Smart Growth additional Rehabilitation of all existing commercial and residential uses, including existing mixed use area but not less thanmention of mention of least 20% consistent with parking requirements if Brief listing of design
Not Approved Yet Overlay District uses. development shall be permitted by right. (continued next cell) 20 units per acre. requirements. requirements. said regulations. appropriate to project. standards.
Uses Continued: c. Multifamily Residential as an adaptive reuse of existing buildings, or as new construction shall be permitted by right. d. Town or Row houses shall be permitted by right. e. Artist Live / Work Units shall be permitted by right. The configuration of artist/ live work space can be as separate floors in a building; or a building where each individual living space can be used for the creation of art or arts and craft products consistent with state and local fire safety codes. In either configuration showrooms and other areas for public display and sale shall also be permitted. f. Professional and general office uses and buildings shall be permitted as of right. g. Restaurants shall be permitted as of right, but all forms of drive up service windows shall be prohibited. Bars and lounges for dispensing alcoholic drinks shall also be permitted as of right if they are located in restaurants with seating for at least 50 people. Seasonal outdoor café’s shall also be permitted by right as a primary or accessory use. (continued)
h. Retail uses shall be permitted by right if no individual retail use exceeds 20,000 gross square feet; except that supermarkets and furniture stores may be permitted up to 65,000 gross square feet. i. Medical office buildings or any service providing outpatient medical services shall be permitted by right. j. Research and development facilities for scientific or medical research shall be permitted by right consistent with all licensing requirements. k. Recreational uses as defined by 29-19D. l. Parking; including surface, garage under, and parking garages. 2. Storage facilities as a residential accessory use.Uses Permitted by Special Permit: a. Publishing and or printing establishment. b. Cinema or theater. c. Catering establishment.Exempted Uses: All uses allowed by Chapter 40A Section 3 Lawrence continued Massachusetts General Laws. Prohibited Uses: All uses not listed. The Mill Redevelopment Overlay District (2) “Use Specific Model”
Model Bylaw
The Smart Growth / Smart Energy Toolkit presents two model bylaws to help address mill redevelopment issues. The structure of this bylaw accounts for the incremental re-development of a mill complex and may be better suited to areas with multiple principal structures but not enough market pressure to redevelop all at once. The bylaw therefore presents a detailed list of prohibited, by-right and Special Permit uses that may be incrementally installed over time. If a community is faced with a potential wholesale redevelopment, or if that truly is the desired goal, the other model bylaw provided in this toolkit is specifically tailored to providing a more ‘master planned’ approach.
The re-use of mill buildings is an important redevelopment strategy for many communities across the Commonwealth. Since mill revitalization districts rely on existing infrastructure, fit into historic development patterns and neighborhoods, and do not stimulate sprawl on undeveloped land, reuse of these places clearly fits the goals of smart growth.
It is important for practitioners to approach mill revitalization from a neighborhood perspective for two primary reasons. First, many historic mill developments include unique mill housing neighborhoods and access to rivers as part of their larger context. Second, the redevelopment of these large buildings can have significant impacts on neighboring roads and residential neighborhoods. This bylaw attempts to address some of these concerns by framing the approach as an overlay district and providing design specifications that ensure thoughtful connections and transitions between properties.
One of the greatest challenges to mill revitalization is accommodating redevelopment that will likely include new buildings alongside older historic structures that have non-conforming heights, layouts, parking areas and other site elements. Perhaps the most important aspect of codifying these efforts is building high levels of flexibility and permitting discretion into the bylaw. Bylaws will also need to account for the following opportunities:
• Adaptive re-use of existing structures; • Demolition of existing structures; • New development of individual structures; • Development or re-development of multiple structures in a coordinated fashion; and • The re-occupation of buildings that have been successfully permitted.
In an effort to account for each of these possibilities, this bylaw uses an overlay district in concert with Special Permit processes to allow for a tremendous amount of discretion on the part of the permitting authority. Within this framework, it will be important for local practitioners to balance the use profile within the district to ensure that an over abundance of residential or commercial does not preclude opportunities for a more vibrant district that is active throughout the day and into evening hours. The goal
Smart Growth / Smart Energy Toolkit 1 The Mill Redevelopment Model Bylaw should be to activate a mill district to the greatest extent possible and create a true economic and residential center. Because mill complexes represent such a wide variety of opportunities (e.g. housing, environmental improvement, economic development, etc.) communities should consider this model bylaw to be an essential component of a larger suite of tools. The use of innovative financing techniques, such as District Improvement Financing and Tax Increment Financing, can help these areas become more marketable to the development community. It should also be noted that many of these provisions could easily be adjusted to fit within the framework of a 40R Smart Growth Overlay district.
Several bylaws and ordinances were used in the preparation of this model Mill Redevelopment Overlay District Bylaw including Worcester, MA; Providence, RI; Millbury, MA; Lawrence, MA; Nashua, NH; Manchester, NH; Lowell, MA; Easthampton, MA; and Holyoke, MA. In addition to “Mill Redevelopment Overlay Districts” bylaws may also be named as “Adaptive Re-use”, “Mixed Use Mill District” or districts identified by intended purpose, such as “Arts Districts”.
1.0 Purpose
[INSERT NAME OF CITY/TOWN] finds that the revitalization of our existing mills will benefit the general health and welfare of our residents and the region by fulfilling existing housing, transportation and employment needs. Therefore, the Town implements this bylaw and designates certain zoning districts as Mill Redevelopment Overlay Districts to encourage adaptive reuse and economic and residential growth that fits the character of the Town.
The purposes of the Mill Redevelopment Overlay District are to:
A. Provide for the coordinated and mixed development of residential, business, industrial, manufacturing and/or institutional uses; B. Encourage adaptive reuse of abandoned, vacant or underutilized business or manufacturing buildings or structures; C. Allow for a mix of new land uses that are appropriate to both the needs of the community and the scale of surrounding neighborhoods as identified in the Town’s Comprehensive Plan and Planned Production Plan; D. Create major new mixed used areas in planned locations at appropriate densities, heights and mixtures of use; E. Encourage flexibility in site and architectural design, restoration and building bulk; F. Encourage building reuse and infill to create higher densities; and G. Maintain a consistently high level of design quality.
Commentary: The Purposes listed above are used as part of the decision making criteria for the Planning Board, so communities must be careful to craft these according to their vision for the mill redevelopment district. Where the district may be used to leverage affordable housing development, these goals should be clearly incorporated into this section.
Smart Growth / Smart Energy Toolkit 2 The Mill Redevelopment Model Bylaw 2.0 Establishment
The Mill Redevelopment Overlay District is hereby established and consists of those areas shown on [INSERT TITLE OF MAP] on file with the Town/City Clerk and dated [INSERT DATE MAP IS ADOPTED BY THE CITY/TOWN].
Section 3.0 Definitions
Commercial Parking Facilities. Parking facilities created for the purpose of generating income from paid parking, but not including commuter parking lots owned by the transit operator. Mixed-Use. Development contained on a single parcel or adjoining parcels that includes different, complimentary uses (both residential and non-residential) and which provide for a variety of activities throughout the day. Overlay Zoning District. A zoning district that encompasses one or more underlying zoning districts, and imposes additional or alternative requirements or provisions than required by the underlying zoning. Pedestrian-Friendly Design. The design of communities, neighborhoods, streetscapes, buildings and other uses that promotes pedestrian comfort, safety, access and visual interest. Primary Sign. A sign used for a non-residential or mixed use building that is the primary notification of the tenant(s) therein and is generally located by the main entrance(s) to said building. Shared Parking. Parking that is utilized by two or more different uses that generate different peak period parking demand.
Commentary: These definitions may be included in this overlay bylaw or may be folded into the larger “Definitions” section of the overall Zoning Bylaw.
4.0 Authority
The Planning Board shall act as the Special Permit Granting Authority for any development proposals requiring a Special Permit subject to Section 5.B. Where standards or other requirements listed as part of this overlay district may conflict with those in the underlying district, the overlay provisions shall apply.
Commentary: This bylaw uses the Special Permit process not only because of the unique economic and preservation opportunities associated with mill complexes, but also to provide significant levels of discretion to the permitting authority to account for site specific conditions and unforeseen circumstances.
5.0 Use Schedule
A. By-Right
The following uses are allowed by-right in the Mill Redevelopment Overlay District:
1) Re-occupation of space previously approved as part of a Special Permit for any use customarily allowed by-right or by Special Permit within the overlay;
Commentary: This provision is specifically designed to allow for easy re-occupation of space that has already been successfully redeveloped using this bylaw. The strength of this provision is allowing what was once a Special Permit use to re-occupy a space by right. This allows for easier movement of tenants and
Smart Growth / Smart Energy Toolkit 3 The Mill Redevelopment Model Bylaw keeps the redeveloped space more economically competitive. It also keeps new tenants from developing the plan requirements in later sections of the Bylaw, which are better suited to large-scale redevelopment. The potential disadvantage of this provision is allowing a new tenant into a redeveloped space that not well-suited to operating with other established adjacent uses. For example, a new Sports Bar may end up adjacent to apartments in a way that could create a nuisance for residents. Practitioners are cautioned to examine the lists of allowed uses and Special Permit uses to ensure that no major conflicts could occur in the future as a result of this provision.
2) Conversion of existing parking lot into a Commercial Parking Facility; 3) Conversion of existing parking lots or undeveloped areas into outdoor recreational facilities; 4) Municipal Use; 5) Emergency demolition or repair of existing structures and utilities to ensure the health safety and welfare of residents; and 6) Single-family or two-family dwellings.
Commentary: It is important for communities to provide for several uses allowable by-right as districts that allow development only by Special Permit are illegal. The inclusion of single family units should be used with caution and is generally meant to protect those homes that may be pre-existing within the overall district. Where communities delineate an overlay that does not include any single family neighborhoods, this clause may be eliminated.
A. Uses Requiring a Special Permit
The following uses require a Special Permit individually or as part of a mixed use development in the Mill Redevelopment Overlay District:
1) Demolition of existing structures; 2) Multi-family Dwellings; 3) Apartments; 4) Convenience Stores; 5) Pharmacies; 6) Cafés (including cyber-cafés); 7) Art Galleries; 8) Grocery Stores; 9) Liquor Stores; 10) Movie house (maximum of two screens); 11) Outdoor Markets subject to applicable licensing requirements; 12) Business or Professional Offices; 13) Retail Sales and Services; 14) Personal Services; 15) Indoor Recreational Facilities; 16) Restaurants, except the use of drive-up windows; 17) Outdoor seating associated with Restaurants or Cafés subject to applicable licensing requirements; 18) Light Manufacturing;
Smart Growth / Smart Energy Toolkit 4 The Mill Redevelopment Model Bylaw 19) Research Facilities; 20) Artist live/work space; 21) School or College; 22) Philanthropic Institutions; 23) A Master Plan Project as defined in Section 6; and 24) Any use not listed in this table that, in the discretion of the Planning Board, will further the purposes of this bylaw. Commentary: This list provides a sampling of the sort of land uses that can be encouraged toward establishing a vibrant walkable neighborhood. Communities should use their own Use Table as a starting point and can extract those uses appropriate to the goals of the district. Communities will need to reference their use definitions carefully to ensure that nothing desirable is excluded. For example, including a “restaurant” as a use allowed by Special Permit may not be the same as “catering operations” or “taverns”, which should also appear on the list.
Provision #24 should be applied with caution. The advantage of this provision is that it allows the Planning Board to allow for desirable uses that were not anticipated in the original list. However, it also may open the Planning Board to arguments over what uses will or will not “further the purposes of this bylaw”. A more cautious approach would be to prohibit any uses not explicitly listed in the by-right or Special Permit allowances.
C. Prohibited Uses
1) Auto sales, auto service and repair, auto storage and auto rental uses; 2) Gasoline sales; 3) Heavy equipment sales and service; 4) Manufactured home sales; 5) Salvage yards; 6) Towing services and vehicle storage yards; 7) RV mobile home sales yards and storage; 8) Car wash; 9) Single retail use greater than 20,000 square feet; 10) Mini-storage and self-storage facilities; 11) Warehousing and distribution facilities; and 12) Drive-through restaurants.
6.0 Dimensional Requirements
A. Setbacks for Non-residential and Mixed Use: Maximum setbacks shall be the lesser of the minimum setbacks required in the underlying district or the average setback between two buildings that pre-date this zoning bylaw and are either currently occupied or shall be re- occupied as part of a coordinated development plan. The Planning Board may reduce front, side and rear yard setbacks to as low as zero (0) feet as part of a Special Permit application as long as the following conditions are met:
1) Primary entrances to proposed and existing buildings are situated on pedestrian amenities (e.g., sidewalks, plazas or open space) with a minimum width of 10 feet; 2) The setback is consistent with the fabric of the existing street and does not preclude
Smart Growth / Smart Energy Toolkit 5 The Mill Redevelopment Model Bylaw pedestrian access; 3) Adequate parking is provided pursuant to Section 8; 4) Adequate access for loading and emergency vehicles is maintained on one side of the building; 5) Adequate natural lighting and air circulation for businesses and residents is maintained; 6) Adequate management strategies for stormwater and waste management are provided; Commentary: These setback provisions leverage better design through the incentive to reduce setbacks and increase development potential.
Although many practitioners are familiar and comfortable with zero front yard or side yard setbacks, applying this to the rear yard may seem unnecessary. However, the purpose of this flexibility is to, again, allow for the often bizarre lot configurations associated with redeveloped mill complexes. The zero rear yard setback can be used in conjunction with off-site parking allowances to encourage innovative site design and ownership arrangements.
B. Setbacks for Residential Uses (Exclusive): The setbacks for proposed development that is exclusively residential shall comply with the setback requirements in the underlying zoning districts.
Commentary: Although this model bylaw defaults to the underlying zoning for residential development, local practitioners may want to closely examine the existing housing in the area to ensure that older mill house neighborhoods are left “non-conforming” within the overlay as a result of this default approach. Also, practitioners may want to consider encouraging more higher density housing adjacent to the mill such as three-family homes or townhouses. This approach can create the effect of a “planning transect” within the overlay district. This term denotes a fundamental new urbanist concept where, in the case of a mill district, a high density mixed use core would gradually taper to lower densities in outlying single family neighborhoods.
C. Height Limitations for Non-residential and Mixed Use: Building height for mixed use or non- residential use shall not exceed [fifty (50) feet] and no building shall have more than [four (4)] stories.
Commentary: The height and number of stories for existing mill structures must obviously be considered in this provision. The goal is to make these structures as conforming as possible to ease permitting. Practitioners may wish to separate height limitations for new development and redevelopment if existing structures that are very tall set an unreasonable standard.
D. Height Limitations for Residential Uses (Exclusive): Building height limits for proposed development that is exclusively residential shall comply with the restrictions in the underlying zoning districts.
Commentary: See Commentary under “B” above.
E. Frontage: As part of any Special Permit application, the Planning Board may authorize frontage as low as [forty (40)] feet.
Smart Growth / Smart Energy Toolkit 6 The Mill Redevelopment Model Bylaw Commentary: The flexibility for frontage is designed to accommodate the often irregular configuration of existing buildings in mill complexes. In order to transfer ownership of poorly accessible, but high-quality buildings, it may be necessary to allow for irregularly shaped lots such as the so-called “flag” or “pork chop” lots. Communities should also examine requirements for “lot width” to ensure that these irregular lot configurations can take place.
7.0 Intensity of Use
Applicants may propose more than one principal building per lot as part of a Special Permit application. Configuration of these buildings is subject to the Dimensional Requirements listed in Section 6 and the Design Standards listed in Section 9 of this Bylaw.
8.0 Parking Requirements
The base parking standards for the underlying Zoning Districts shall apply to individual uses in the Mill Redevelopment Overlay District. As part of a Special Permit Application within this overlay district, the applicant may request reductions to minimum requirements or alternative methods for meeting the required parking. Available innovative parking strategies include:
A. Shared On-Site Parking
1) Non-competing Uses. In mixed-use developments, applicants may propose a reduction in parking requirements based on an analysis of peak demands for non- competing uses. Up to [75%] of the requirements for the predominant use may be waived by the Planning Board if the applicant can demonstrate that the peak demands for two uses do not overlap.
2) Competing Uses. In mixed-use developments, applicants may propose a reduction in parking requirements where peak demands do overlap. In these cases, the Planning Board may reduce the parking requirements of the predominant use by up to [30%].
B. Off-Site Parking
Separate from, or in conjunction with Shared Parking provisions, an applicant may use off-site parking to satisfy their parking requirements in accordance with the following conditions:
1) Off-site parking shall be within [five hundred (500)] feet of the property for which it is being requested.
2) Off-site parking spaces shall be subject to a legally binding agreement that will be presented to the Planning Board as a condition of the Special Permit. Where an agreement shall expire within a specified timeline, the applicant or current property owner shall continue to provide evidence to the Zoning Enforcement Agent that the agreement has been extended.
Smart Growth / Smart Energy Toolkit 7 The Mill Redevelopment Model Bylaw 3) The Planning Board, at its discretion, may allow spaces within a public lot to be used as a supplement to other acceptable parking arrangements. Public parking shall not account for more than [75%] of the required parking spaces after all other parking reduction strategies have been applied. 9.0 Design Standards
The Design Standards in this section shall be applied to development within the Mill Redevelopment Overlay District where applicable. The Planning Board may waive any of these standards if the applicant can provide compelling evidence that the waiving of Design Standards shall work to preserve the historic quality of existing buildings and sites or shall otherwise further the goals of this Bylaw.
B. Buildings
1) Where existing structures of architectural value are to remain in use, the architectural integrity of these existing structures shall not be significantly altered through the use of different signage, building materials or other architectural features. 2) All buildings shall have a principal façade and entry (with operable doors) facing a street or open space. Buildings may have more than one principal façade and/or entry; 3) Building finish materials shall be appropriate to traditional New England architecture and may include, but shall not be limited to brick or high-quality brick face, wood, stone or high-quality stone-face. The use of vinyl, unfinished metal or fiberglass as a primary finished surface shall be prohibited; 4) Blank walls adjacent to streets, alleys or open spaces shall not be permitted. Where windows are not possible or appropriate to the intended use, vertical articulation in the form of raised or recessed surfaces shall be used to break up blank walls; 5) New retail buildings shall have one of the following features along the front surface at intervals sufficient to provide a continuity to pedestrians: awning, marquee, arcade and/or colonnade; and 6) Flat roofs are prohibited on single story buildings and may be allowed on multi-story buildings as long as the roofline projects outward from the building surface as a decorative cornice or parapet.
B. Signs
1) Primary signs shall be flat against the façade, or mounted projecting from the façade; 2) Signs that project from buildings shall have at least ten (10) feet of clearance from the ground level; 3) Freestanding directory signs may be permitted as part of coordinated development proposals in which several non-residential operations are accessed through a common vehicular entrance and shall not exceed 10 feet in height; 4) Signs shall be externally lit from the front. Back lighting of signs shall not be used; 5) Neon, flashing signs, moving signs and roof signs shall not be used; 6) Temporary signs with a specific date of expiration, such as sandwich boards, shall be allowed, after approval by the Zoning Enforcement Officer; 7) Signs shall be made of attractive materials consistent with the character of the district. Materials may include wood (painted or natural), stone, copper, brass, galvanized steel, painted canvas or paint/engraved on façade surface;
Smart Growth / Smart Energy Toolkit 8 The Mill Redevelopment Model Bylaw 8) Pre-existing signs that do not conform to the provisions of the Zoning Bylaw may be allowed through the Special Permit application. The Special Permit Granting Authority shall require, as a condition of the permit, that the applicant sign an agreement to maintain the sign on a schedule agreeable to the Board. 9) Signs may only be incorporated into the skirt of awnings and not on the primary angled surface.
C. Site Design
1) Street level frontage shall be devoted to entrances, shop windows or other displays; 2) Clear pedestrian pathways shall be provided between buildings on the same lot and between buildings on adjacent lots to ensure a continuous pedestrian pathway throughout the district; 3) Where residential neighborhoods abut commercial, office or mixed use developments, appropriate transitional features shall be used and may include landscaping, open space or parks, or streets with clearly designed pedestrian features; 4) Where a site abuts the [INSERT NAME OF RIVER], the applicant shall ensure that existing public access to the river is preserved and maintained;
10.0 Pre-Application Meeting
In order to facilitate review of the Special Permit at the pre-application stage, applicants are strongly encouraged to submit the information below using readily available GIS information or other mapping resources such as USGS Quadrangles and aerial photography. This information need not be developed by a qualified design professional.
A. Site Context Map. This map shall illustrate the parcel in connection to its surrounding neighborhood. Based upon existing data sources and field inspections, it shall show various kinds of major natural resource areas or developed features that cross parcel lines or that are located on adjoining lands. This map enables the Planning Board to understand the site in relation to what is occurring on adjacent properties.
B. Existing Conditions/Site Analysis Map. This map familiarizes officials with existing conditions on the property. Based upon existing data sources and field inspections, this base map shall locate and describe noteworthy site resources including existing buildings, parking areas, street names and natural features. 11.0 Application Requirements
Applicants for a Special Permit within the Mill Redevelopment Overlay District shall provide, at a minimum, the information Specified for an Existing Conditions Plan and a Concept Plan below.
A. Existing Conditions Plan 1) The name and address of the record owner or owners, the applicant, and the design engineer and/or land surveyor that prepared the plan;
2) The names, approximate location, and widths of adjacent streets;
Smart Growth / Smart Energy Toolkit 9 The Mill Redevelopment Model Bylaw 3) The underlying Zoning District(s);
4) Existing topography at 2-foot contour intervals.
5) All on-site local, state, and federal regulatory resource boundaries and buffer zones shall be clearly identified, and all wetland flag locations shall be numbered and placed upon the Existing Conditions Plan.
6) If available, the location and results of any test pit investigations for soil profiles, percolation rates and determination of seasonal high ground water levels.
7) A description of any Site Assessment activities that have taken place on contaminated sites and a summary of those findings and activities.
B. Concept Plan and Related Information
1) The name and address of the record owner or owners, the applicant, and the design engineer and/or land surveyor that prepared the plan; 2) Identification of buildings to be restored, rehabilitated, or constructed; 3) Identification of buildings to be removed; 4) Proposed uses including the density or intensity of the proposed use; 5) Proposed internal and external traffic and circulation patterns; 6) Proposed parking needs, including provisions for shared parking between uses, if applicable; 7) Proposed location and, where applicable, sizing of utilities including water supply, sewer, electrical and communications service, stormwater, and solid waste containment and disposal; 8) Proposed landscaping, lighting and signage features; 9) A narrative description of items 2 through 8 in the Concept Plan; 10) Architectural elevations for proposed new buildings; and 11) Where more than 20,000 square feet of new development or redevelopment is proposed, a traffic study showing the impact of the proposed development on the surrounding area shall be provided. The traffic study shall include existing and expected volumes at build-out, the expected directional distribution of vehicles to and from the site, and existing and expected levels of service at all intersections located within 3,000 feet of the site.
Commentary: Traffic studies can be helpful to communities entertaining large scale redevelopment. However, a more pro-active approach to adopting this bylaw would be for the community to perform a planning study that identifies potential traffic problems that might arise from the new zoning provisions at build-out. Communities with this information could begin targeting roadway and circulation improvements before redevelopment through a variety of state-level grant opportunities including, but not limited to, the Community Development Action Grant, District Improvement Financing and Public Works Economic Development programs.
C. Other Information. 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 Zoning Bylaw. To
Smart Growth / Smart Energy Toolkit 10 The Mill Redevelopment Model Bylaw the extent permitted by law, the Planning Board shall coordinate the public hearing required for any application for a Special Permit within the Mill Redevelopment Overlay District with the public hearing required for approval of a definitive subdivision plan.
12.0 Procedure
A. General. Whenever an application for a Special Permit is filed with the Planning Board pursuant to the requirements of this overlay, the applicant shall also file, within five (5) working days of the filing of the completed application, copies of the application, accompanying development plan, and other documentation, to the Board of Health, Conservation Commission, Historical Commission, Building Inspector, Highway Department, Police Chief, Fire Chief, and Town Engineer for their consideration, review, and report. The applicant shall furnish the copies necessary to fulfill this requirement. Reports from other boards and officials shall be submitted to the Planning Board within thirty-five (35) days of receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the public hearing by the Planning Board is held prior to the expiration of the thirty-five-day period, the Planning Board shall continue the public hearing to permit the formal submission of reports and recommendations within that thirty-five-day period. The Decision/ Findings of the Planning Board shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party.
B. Site Visit. The Planning Board [shall/may] conduct a site visit during the public hearing. At the site visit, the Planning Board and/or its agents shall be accompanied by the applicant and/or its agents.
13.0 Decision Criteria for the Planning Board
The Planning Board may approve, approve with conditions or deny an application for a Special Permit within the Mill Redevelopment Overlay District. The criteria for this decision are as follows:
A. The degree to which the proposed development furthers the purposes of this Bylaw as listed in Section 1; B. Compliance with the Parking Requirements listed in Section 8; C. Compliance with the Design Standards in Section 9; D. The ability of the neighborhood to absorb the level of traffic that will result from the proposed development; and E. The ability of the Town to provide water and sewer service as proposed. 14.0 Relationship between Concept Plan and Definitive Subdivision Plan.
Any Special Permit that is granted pursuant to the provision in this overlay and shows a subdivision must be followed by the submittal of a Definitive Subdivision plan in accordance with the Subdivision Rules and Regulations of the Town. The Special Permit shall be reconsidered if there is substantial variation between the Definitive Subdivision Plan and the Concept Plan. If the Planning Board finds that a substantial variation exists, it shall hold a public hearing on the modifications to the Concept Plan. A substantial variation shall be any of the following:
Smart Growth / Smart Energy Toolkit 11 The Mill Redevelopment Model Bylaw 1) An increase in the number of building lots;
2) An increase in the number of housing units by more than [five percent (5%)];
3) A significant decrease in the proposed use of pedestrian amenities including, but not limited to, pathways, awnings, sidewalks, and open space;
4) A proposed change in use that will result in a significant decrease in the LOS at any of the intersections identified in the Concept Plan traffic analysis;
5) A significant change in the general development pattern which adversely affects the overall function of the site and/or neighborhood;
6) The removal of existing access to the [INSERT NAME OF RIVER];
7) Significant changes to the stormwater management facilities such as the removal of landscaping designed to treat or convey stormwater, the use of a different technology to treat and discharge stormwater or the resizing of any facilities by more than 20% of the originally proposed scale;
8) Significant changes in the wastewater management systems or an increase in wastewater flow that will call into question the capacity of the municipal sewer system to accommodate the flow; and/or
9) Removal of any proposed public gathering places.
14.0 Severability.
If any provision of this bylaw is held invalid by a court of competent jurisdiction, the remainder of the bylaw shall not be affected thereby.
Smart Growth / Smart Energy Toolkit 12 The Mill Redevelopment Model Bylaw