For purposes of this Section 5.25, the definitions, below, shall apply, and shall be in addition to those definitions provided in Section 6 of this Ordinance. To the extent that there is a conflict between the definitions below and those in Section 6, the definitions below shall govern.
5.25.3 Overlay District
The BMOD is an overlay district having a land area of approximately three (3) acres +/-, being Assessor's Map 1, Lot 33, Map 1, Lot 22, , as shown on the map entitled “_,” dated_, 2010, incorporated herein by reference and hereby made a part of the City's official zoning map. A copy of said map is on file with the City Clerk's Office and the Community Development Department.
The BMOD is an overlay district superimposed on the underlying zoning district(s). Except as limited herein, the underlying zoning shall remain in full force and effect.
The City Council shall be authorized to grant approval of a PUD Master Plan and, subsequently, to grant PUD Special Permits for Project(s) therein. A PUD shall satisfy the criteria provided in Section 18.104.22.168 hereof, and shall be consistent with the purposes set forth in Section 5.25.1. No Building Permit may issue without the approval of a PUD Special Permit hereunder. Upon the issuance of a building permit for any Project approved in accordance with this Section 5.25, any modifications thereto must be done in accordance with this to Section 5.25..
22.214.171.124 Uses Allowed By Right
Uses allowed by right in the underlying zoning district(s) pursuant to Section 2.2 of this Ordinance, whether principal or accessory, shall be allowed by right within the BMOD. Notwithstanding the foregoing the following uses shall not be allowed in the BMOD:
126.96.36.199 Uses Authorized by PUD Special Permit
Uses requiring a special permit in the underlying zoning district(s) pursuant to Section 2.2 of this Ordinance shall be authorized upon the issuance of a PUD Special Permit by the City Council, in lieu thereof. In addition, the following, new uses shall be authorized upon the issuance of a PUD Special Permit by the City Council:
In addition to the accessory uses authorized by Section 2.2 of this Ordinance, the following uses shall be permitted as accessory to any use allowed by right or by a PUD Special Permit, upon the issuance of a PUD Special Permit by the City Council for the same:
188.8.131.52 Changes to Permitted Uses
So as to provide reasonable flexibility for allowed uses to change to related uses within a PUD, in part to facilitate Retenanting therein, changes in uses from those originally permitted shall be allowed without further approval from the Special Permit Granting Authority as follows: Review of the proposed changes shall be made by the Building Inspector who shall determine if the modifications to the use(s) previously permitted shall be substantial or insubstantial. In the event the proposed change meets any of the following criteria, it shall be deemed a substantial change in use and shall therefore be subject to a review by the City Council in accordance with the rules and regulations governing modifications to a Special Permit.
In the event the Building Inspector finds the change of use Insubstantial and it is allowed by right or by Special Permit, the change of use shall be allowed to be made without further review.
184.108.40.206 Requirements for Residential Uses
220.127.116.11 Prohibited Uses
Any use not specifically allowed by right or permitted upon the issuance of a PUD Special Permit within the BMOD, unless developed pursuant to the underlying zoning, is prohibited.
5.25.5 Dimensional Requirements
18.104.22.168 Dimensional Table
No new PUD shall be built nor shall any Reconstruction or Renovation occur to any Project therein, whether allowed by right or approved by PUD Special Permit, except in conformance with the following dimensional standards:
The aforesaid dimensional standards shall be substituted for the standards otherwise applicable under Section 3.2 of this Ordinance. Notwithstanding the foregoing, the height of any Commercial Land-Based Wind Energy Conversion Facility shall be governed by the dimensional requirements provided in Section 5.22.6 of this Ordinance.
‡ See Sections 22.214.171.124 and 126.96.36.199, below.
188.8.131.52 Building Height : Limitations
In addition to the maximum building Height provided in Section 184.108.40.206, the following Height to the Top of Level and Square Footage Requirements shall not be exceeded:
Further, notwithstanding any provision herein to the contrary, no residential unit, including a permanent dwelling unit or a motel or hotel overnight accommodation, may be constructed without at least one window facing the exterior of the structure or facing to a day lit multistory atrium.
Notwithstanding the above, the Special Permit Granting Authority may grant a Special Permit to increase the height in excess of the percentages and maximum building height. Said permit shall contain such conditions as the Special Permit Granting Authority deems necessary, and shall only upon written determinations by the Special Permit Granting Authority that such increase in allowable height is consistent with the purposes of this section 5.25 and will not be substantially more detrimental to the neighborhood because of obstruction of views, overshadowing of other properties, impairment of utilities or other adverse impacts.
220.127.116.11 Building Height, Tiered
Building height shall be tiered such that lower portions of the building(s) within a PUD are found closest to the boundaries of the land shown on the PUD Master Plan and higher portions of the building(s) within a PUD are found toward the interior portions of the site. Said tiering shall be design in conformance with the Design Standards set forth in Section 5.25.7 hereof.
5.25.6 Off-Street Parking and Loading Requirements
18.104.22.168 Off-Street Parking Requirements
Any new Project or Reconstruction or Renovation of an existing Project within a PUD shall comply with the minimum parking requirements of Section 4.1 of this Ordinance, except as provided in Section 22.214.171.124 hereof. However, Section 4.1.1(c) shall not apply to business or municipal uses within a PUD. Required parking need only be provided within 400 feet of the entrance to the building(s) being served, even if located on a separate lot.
126.96.36.199 Off-Street Loading Requirements
Any new Project or Reconstruction or Renovation of an existing Project within a PUD shall comply with the minimum loading requirements of Section 4.2 of this Ordinance.
188.8.131.52 Combined Facilities
Where feasible, parking required for two (2) or more buildings or uses shall be provided in combined facilities on the same or adjacent lot(s).
184.108.40.206 Shared Parking
Shared parking may be appropriate and is encouraged where the uses within a PUD have different parking demand patterns and, as such, are able to use the same parking facility or facilities. Shared parking is most effective when said uses have significantly different peak parking characteristics that vary by time of day, day of the week and/or season of the year. In these scenarios, shared parking will yield fewer total parking spaces needed as compared to the number of parking spaces required for each use combined, reducing the area devoted to parking while providing the necessary number of spaces. A shared parking analysis shall be performed based on the uses being proposed within a PUD and, if the benefits of shared parking are significant, the same should be incorporated into the PUD. Shared parking shall be permitted by the City Council upon approval of a PUD Master Plan in lieu of application for and receipt of a special permit pursuant to Section 4.1.2 of this Ordinance.
So as to provide an assurance that adequate parking will be available for Project(s) as they are developed, parking shall be phased in a manner consistent with the phasing of the Project of which it is a part, where applicable. Alternatively, upon approval by the City Council, temporary parking may be provided for phase(s) of a Project while permanent parking facilities are under construction.
5.25.7 Design Criteria
Building(s) within a PUD shall be appropriately sited on the property in relation to each other and building(s) located on adjacent properties. A PUD shall:
220.127.116.11 Parking Areas
The design and layout of off-street parking facilities shall be as required by Section 4.1.4 of this Ordinance; provided, however, that use(s) within a PUD will satisfy the parking requirements of Section 5.25.6 hereof if sufficient parking is provided within 400 feet of the entrance to the building(s) being served, even if located on a separate lot. Where a structured parking facility is proposed, adequate access shall be provided between such facility and the use(s) within the PUD which it is intended to serve. Parking areas shall not be gated or access thereto unreasonably restricted, but shall be available for use by the general public, either for remuneration or otherwise.
A PUD shall be appropriately landscaped in light of the use(s) being proposed therein. All equipment and service areas, loading docks and parking areas shall be adequately screened from the public view, using any or a combination of: natural vegetation (e.g. shrub(s) and/or tree(s) of a proper width and height); wall(s); and/or fence(s).
18.104.22.168 Open Space
Contiguous open space, whether useable or unusable, shall be provided within a PUD to the greatest extent possible.
22.214.171.124 Pedestrian Connections
Continuous Pedestrian Access Ways are required between all major points of pedestrian activity within a PUD, including but not limited to connections between non-residential uses and Live/Work Residences, between streets, ways and parking area(s) and the use(s) within the PUD and between said streets, ways, parking area(s) and use(s) and the waterfront. At a minimum at least one of the Pedestrian Access Ways shall be provided from the public street or sidewalk through the PUD Master Plan to the waterfront unencumbered by a structure or building.
126.96.36.199 View Corridors
Any PUD within the BMOD shall provide multiple View Corridor(s) between Commercial Street and Gloucester Harbor . Of the View Corridors provided in a PUD Master Plan, at least one View Corridor must not be through a structure.
188.8.131.52 Beach Access
Adequate access shall be provided year-round between a PUD and the waterfront, and the same shall be a condition of approval of a PUD Master Plan.
184.108.40.206 Live/Work Space :
No design criteria hereunder shall supersede the Commonwealth of Massachusetts or City of Gloucester Health Statutes or Regulations.
220.127.116.11 Infrastructure Design:
The Master Plan shall include access, drainage and utilities for each structure which shall be designed to accommodate the purpose for which they are constructed and function for which they are meant to serve. Parking areas are to be screened from public ways by integrated design techniques, grading and screening, lighting of the parking and public access areas shall be designed to be non-spill over and to avoid glare on adjoining properties; parking egresses shall not require backing onto public ways. Specifically, no outdoor lighting fixture shall be higher than 20 feet and no light shall overspill such that a discernable shadow is created off the premises.
Storm water leaching (recharge) basins, retention basins, or other devises as necessary should be employed in order that peak flows through existing drainage structures or channels are not in a 15 year storm increased more than 15% above current flow or caused to exceed design capacity of structures or channel capacity of streams or to cause flooding.
No egress onto an existing street shall be within 100 feet of the intersection of sidelines of intersecting streets. Egressing vehicles should have at least 400 feet visibility in each travel direction.
All open storage, parking, and loading or service areas shall be screened in accordance with section 4.5 except that section 4.5.3 9(a) or (b) shall not apply to the open air mark et or piazza with ancillary outdoor recreational uses.
All signage shall be in accordance with section 4.3
18.104.22.168 Building Code :
All other requirements of the Zoning Ordinance and all applicable building codes must be satisfied. Occupancy permits must be received prior to occupancy of any building or portion thereof.
22.214.171.124 Special Residential Requirements
Where multi-family residential or Live/Work Space use is proposed as part of the Master Plan, the SPGA must find that:
When reviewing a PUD Master Plan or PUD Special Permit, the SPGA may waive any of the Design Criteria listed in this section 5.25.7 if it judges it to be unnecessary to the proposal and which will not have a significant impact in relation to the uses and structures within the site and on the adjacent properties and streets with respect to; traffic patterns, public services, abutting properties, the environment and historic resources. Said waiver request shall be made by the Applicant in writing.
5.25.8 PUD Master Plan
5 .25.8.1 Submittal
A PUD requires a two-stage review: (1) submittal of a PUD Master Plan, a comprehensive plan for the area of land proposed to be developed as a PUD and identifying the use(s) therein and whether said use(s) require(s) a PUD Special Permit hereunder; and (2) application for PUD Special Permit(s), if and as required by Section 126.96.36.199 hereof.
In addition to identifying land use(s) and whether the same require(s) PUD Special Permit(s) hereunder, a PUD Master Plan shall include or be accompanied by the following information:
The City Council may reduce the level of information required in connection with the submittal of a PUD Master Plan, provided detailed, supportive documentation is provided with request(s) for PUD Special Permit(s) for one (1) or more Projects within the PUD.
188.8.131.52 Review of PUD Master Plan
The City Council shall review a PUD Master Plan submitted in accordance with this Section 5.25.8 and find that the following requirements are satisfied:
Review of a PUD Master Plan shall comply with the procedural provisions of Section 1.5 of this Ordinance as applicable to special permits, including the requirements of notice and a public hearing and the deadlines for the same and for issuance of a decision thereon.
184.108.40.206 Effect of Approval
Approval of a PUD Master Plan by the City Council is deemed an approval of said plan with the specific types of uses shown, the dimensions, parking, loading and design details noted and the infrastructure systems represented thereon and in any and all supporting documentation provided. Such shall not be construed as authorization for the development of any Project requiring a PUD Special Permit.
220.127.116.11 Concurrent Applications
Notwithstanding the foregoing, an applicant for PUD Master Plan approval may submit, together with said PUD Master Plan and the additional information required by Section 18.104.22.168 hereof, request(s) for PUD Special Permit(s) for any Project within the PUD requiring the same. Subject to the procedural and substantive requirements of Section 5.25.9 hereof, the City Council shall review such PUD Special Permit application(s) concurrently with its review of the PUD Master Plan.
5.25.9 PUD Special Permit
22.214.171.124 Relationship to the PUD Master Plan
Where a PUD Special Permit is required for a Project in accordance with Section 126.96.36.199 hereof, application therefor shall be submitted concurrently with or within ten (10) years following the date of approval of a PUD Master Plan, as per Section 5.25.8 hereof.
188.8.131.52 Consolidated Applications
Where multiple PUD Special Permits are required for the development of a PUD hereunder, an applicant may, at its option, submit a single, consolidated application identifying the PUD Special Permits being applied for and, for each, submitting a plan in accordance with Section 184.108.40.206 and addressing the review criteria provided for in Section 220.127.116.11.
An application for a PUD Special Permit shall include a plan with the information required by Section 1.5.3(c) of this Ordinance, being the submittal requirements for “CCS” Special Permits.
18.104.22.168 Review of Applications
A PUD Special Permit shall be granted only upon findings by the City Council: (i) that the proposed Project is substantially consistent with the approved PUD Master Plan or, where a PUD Special Permit application is submitted concurrently with the PUD Master Plan, with said Plan as submitted; and (ii) that the use will be in harmony with the general purpose and intent of this Ordinance and that it will not adversely affect the neighborhood, the zoning district or the City to such an extent as to outweigh the beneficial effects of said use, upon consideration of the factors set forth in Section 1.8.3 of this Ordinance. Further, the City Council shall consider whether, and the extent to which, the PUD Special Permit application promotes the following objectives:
Review of an application for a PUD Special Permit shall comply with the procedural provisions of Section 1.5 of this Ordinance as applicable to special permits, including the requirements of notice and a public hearing and the deadlines for the same and for issuance of a decision thereon.
5.25.10 Lowland Requirements Applicability
Any application hereunder shall conform to the requirements of Section 5.5 of the GZO as applicable.
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