Off-street parking and loading spaces shall be provided for
every new structure, the enlargement of an existing structure, the
development of a new land use or any change in an existing use in
accordance with Table 1: Table of Use and Parking Regulations and
the requirements contained therein.[1]
1.
Exception. Some or all of the parking requirements shall be
waived for any properties fronting upon either the northerly or southerly
side of either the Merrimack Street, Washington Square and/or Washington
Street right-of-way as bounded in total, easterly by Main Street and
westerly by Railroad Square.
[1]
Editor's Note: Appendix A, Table 1: Table of Use Regulations, is included as an attachment to this chapter.
Parking spaces for persons with disabilities shall be provided
in accordance with the Massachusetts Architectural Barrier Board Rules
and Regulations.
The requirements in the following Table 3: Parking Code Regulations
shall be as set forth in Table 1: Table of Use and Parking Regulations.
See Section 9.0 for parking requirements in special/overlay districts.
|
Parking Code Regulations
| |
|---|---|
|
Parking Code (PC)
|
Requirements
|
|
A
|
1.0 spaces per dwelling unit with 1 bedroom;
|
|
1.5 spaces per dwelling unit with 2 bedrooms;
| |
|
2.0 spaces per dwelling unit with 3 bedrooms or more
| |
|
B
|
1 space for each 100 square feet of gross floor area
|
|
C
|
1 space for each 200 square feet of gross floor area
|
|
D
|
1 space for each 250 square feet of gross floor area
|
|
E
|
1 space for each 500 square feet of gross floor area
|
|
F
|
1 space for each 600 square feet of gross floor area
|
|
G
|
1 space for each 800 square feet of gross floor area
|
|
H
|
1 space for each 4 seats at design capacity
|
|
I
|
2 per classroom in an elementary school;
|
|
3 per classroom in middle and junior high school;
| |
|
4 per classroom, plus 1 space for every 4 seats of the total
seating capacity of the auditorium or gymnasium, whichever has the
largest capacity, in a senior high school
| |
|
J
|
1 space per unit
|
|
K
|
1 space per unit; 2 spaces for unit with 3 or more bedrooms
|
|
L
|
1 space per residence, plus 1 space per room for rent
|
|
M
|
1 space per resident
|
|
O
|
1 space per 1,600 square feet gross floor area
|
|
Q
|
1 space per bed at design capacity
|
|
R
|
1.25 spaces per bed at design capacity
|
|
S
|
1 space per 200 square feet of selling area, indoor and outdoor
|
|
T
|
10 spaces, plus requirement F
|
|
U
|
1 space per every 2 machines
|
|
V
|
1 space per every 3 seats
|
|
W
|
B, plus 10 spaces
|
|
X
|
4 spaces per alley
|
|
Y
|
At least 20 lineup spaces for each ticket window
|
|
Z
|
1 space for each 1/2 acre of yard area
|
Off-street parking areas shall be designed to comply with one
or a combination of the following minimum standards.
For every building hereafter erected for retail and service
commercial, and wholesale, transportation and business, and community
facility use, as specified in Table 1: Table of Use and Parking Regulations,[1] and for every such use hereinafter established in an existing
building or area, the following Off-Street Loading Regulations in
Table 4 shall prevail:
|
Loading Regulations
| ||
|---|---|---|
|
Loading Spaces Required
| ||
|
Building Gross Floor Area
(square feet)
|
Retail and Service Commercial, Wholesale, Transportation and
Business
|
Community Facility
|
|
0 to 3,000
|
1
|
0
|
|
3,001 to 25,000
|
2
|
0
|
|
25,001 to 50,000
|
3
|
1
|
|
50,001 to 75,000
|
4
|
2
|
|
75,001 to 100,000
|
5
|
2
|
|
Over 100,000
|
5, plus 1 space for each 50,000 square feet or fraction thereof
over 100,000 square feet
|
2, plus 1 for each 100,000 square feet or fraction thereof over
100,000 square feet
|
[1]
Editor's Note: Appendix B, Table 2: Table of Dimensional and Density Regulations, is included as an attachment to this chapter.
The first off-street loading and unloading space herein required
for a building shall be at least 12 feet in width, 35 feet in length
and have a minimum vertical clearance of 14 feet. All additional required
spaces shall be at least 12 feet in width, 55 feet in length and have
a minimum vertical clearance of 14 feet.
Parking or loading spaces being maintained in any district in
connection with any existing use on the effective date of this chapter
shall not be decreased so long as said use remains, unless a number
of parking or loading spaces is constructed elsewhere such that the
total number of spaces conforms to the requirements of the foregoing
tables, provided that this regulation shall not require the maintenance
of more parking or loading spaces than is required according to the
tables, and further provided that this provision will not be applied
when such space is acquired for public purposes.
When the computation of required parking or loading spaces results
in the requirement of a fractional space, any fraction over 0.5 shall
require one space.
Parking required for two or more buildings or uses may be provided
in combined facilities on the same or adjacent lots, subject to approval
by the Building Commissioner, where it is evident that such facilities
will continue to be available for the several buildings or uses and
the total number provided is consistent with the combined requirement
of the respective uses.
Required off-street parking or loading spaces which after development
are later designated as, and accepted by the City for, off-street
parking or loading purposes shall continue to serve the uses or structures
to meet these requirements so long as said use or structure remains.
1.
Required off-street parking and loading spaces shall be provided
on the same lot as the principal use they are required to serve or,
when practical difficulties as determined by the Board prevent their
establishment upon the same lot, they shall be established no further
than 300 feet from the premises to which they are appurtenant.
2.
No off-street parking space for a use permitted in any C or
I District shall be allowed in any R or S District except within 100
feet of and with driveway access from such C or I District and when
screened as required herein and only when permitted by the Board.
3.
For residential uses (one-, two- or three-family), parking in
the front yard shall be allowed only in the driveway or in a backup
strip adjacent to the driveway. Any paved areas including the driveway
shall not cover more than 50% of the front yard.
4.
For nonresidential uses, a fifteen-foot-wide landscaped strip
shall be provided between the parking area and the street right-of-way
except in a CC District and a CM District where a minimum of an eight-foot-wide
landscaped strip shall be provided.
All parking and loading areas containing over five spaces, including
automotive and drive-in establishments of all types, shall be either
contained within structures, or subject to the following:
1.
The parking area and access driveways thereto shall be surfaced
with bituminous or cement concrete material and shall be graded and
drained so as to dispose of all surface water accumulation.
2.
A substantial bumper of masonry, steel, granite or heavy timber,
or a concrete curb or berm curb which is backed, shall be placed at
the edge of surfaced areas except driveways in order to protect abutting
structures, properties and sidewalks and screening materials.
3.
Any fixture used to illuminate any area shall be so arranged
as to direct the light away from the street and away from adjoining
premises used for residential purposes.
4.
There shall not be any vehicle repair or gasoline or oil service
facilities or any repair made to any motor vehicles except on a lot
occupied by a permitted automotive use. Any gasoline or oil facilities
shall be at least 25 feet from any lot line.
5.
There shall not be any storage of materials or equipment or
display of merchandise within required parking area except as part
of approved building operations or by approval of the proper authority.
6.
Parking shall not be located within the required front yard
area in any R or S District and must be set back from the front property
line at least five feet in any CN District and 20 feet in any CH or
BP District.
7.
Parking and loading spaces other than those required for single-
and two-family dwellings shall be so arranged as not to permit backing
of automobiles onto any street.
8.
Any portion of any entrance or exit driveway shall not be closer
than 50 feet to the curbline of an intersecting street.
9.
Any two driveways leading to or from a street to or from a single
lot shall not be within 30 feet of each other at their intersections
with the front lot line.
10.
Any entrance or exit driveway shall not exceed 30 feet in width
at its intersection with the front lot line.
11.
Back-to-back parking spaces are not allowed for the service
of multifamily dwellings.
All vehicle queue spaces shall be at least nine feet wide and
18 feet long and may be arranged end to end, and located off the street.
No driveway shall be used to provide access to more than two
residential dwellings. Any driveway used to provide access to more
than one residential dwelling shall not exceed 200 feet in length.
Any requirement of this § 6.1 may be waived by the
grant of a special permit from the SPGA when such waiver shall not
result in substantial detriment. If the use does not require a special
permit, the Zoning Board of Appeals shall serve as the SPGA.
All signs shall comply with the regulations for the erection
and construction of signs contained in the Building Code, Fire Prevention
Code and Electrical Code of the City of Haverhill and other applicable
City regulations. Signs shall be permitted in accordance and must
comply with both the following general regulations applying to all
signs in all districts and the specific regulations applying to the
respective districts.
1.
Wall Sign. A wall sign shall be attached parallel to the building
wall; it shall not project horizontally more than 15 inches from that
wall; and it shall not extend above the roofline or beyond the sides
of the building.
2.
Projecting Signs. A projecting sign shall be attached to the
wall of the building; it shall not project horizontally more than
six feet from the building but no closer than two feet to a curbline
or, if no curb exists, from the roadway edge; it shall have a minimum
clearance of nine feet above a public sidewalk and 16 feet above any
road, driveway or alley; and it shall not extend above the roofline
nor more than 24 feet above the ground, sidewalk, road, driveway or
alley, whichever is the lesser. When a projecting sign is closer than
12 feet to a corner of the building, its projection shall be no more
than a distance equal to 1/2 the horizontal distance from the sign
to that corner.
3.
Freestanding Signs. A freestanding sign shall be constructed
in the following manner:
a.
In the event a front yard is required in any district, a freestanding
sign shall be set back from the front property line at least 1/2 the
required distance of the front yard setback. A sign shall not extend,
project or overhang into the required sign setback.
b.
In the event no front yard is required in a district, a sign
may be erected which projects or extends over the front lot line,
provided that it shall not project horizontally more than six feet
from the front lot line but no closer than two feet from a curbline
or, if no curb exists, from the roadway edge, and shall have a minimum
clearance of nine feet above a public sidewalk and 16 feet above any
road, driveway or alley.
c.
No sign shall be placed or erected, project or extend or overhang
within an area required by this chapter or act of the Board for screening
purposes.
d.
No freestanding sign unless otherwise specified shall exceed
a height of 24 feet.
e.
The requirements contained herein shall not be interpreted so
as to prevent a freestanding sign which is divided into individual
signs or segments, provided that the individual signs or segments
are mounted on the same or a single structure or support, and the
total surface area of all such signs does not exceed the maximum area
permitted in the respective district.
1.
The light from any illuminated sign shall be so shaded or directed
that the light intensity or brightness shall not be objectionable
to surrounding areas.
2.
No sign shall have blinking, flashing or fluttering lights or
any other illuminating device which has a changing light intensity,
brightness or color. Beacon lights are not permitted.
3.
No colored lights shall be used at any location or in any manner
so as to be confused with or construed as traffic control devices.
4.
Neither the direct nor reflected light from light sources shall
create a traffic hazard to the operation of motor vehicles on public
roads.
5.
No exposed reflective-type bulbs and no strobe light or incandescent
lamp shall be used on the exterior surface of any sign.
The following signs shall be permitted anywhere within the City
but in no circumstance for more than six months. The sign shall not
be illuminated and shall not require a permit:
1.
Construction signs which identify the architects, engineers,
contractors and other individuals or firms involved with the construction,
but not including any advertisement of any product, and signs announcing
the character of the building enterprise or the purpose for which
the building is intended, during the construction period, to a maximum
sign area of 16 square feet for each firm. The signs shall be confined
to the site of the construction and shall be removed within 14 days
of the beginning of the intended use of the project and/or completion
of the construction project. One such sign for each firm involved
with the construction may be placed facing each street frontage.
2.
Real estate signs advertising the sale, rental or lease of the
premises or part of the premises on which the signs are displayed,
up to a total area of 12 square feet. Such signs shall be removed
within 14 days of the sale, rental or lease.
3.
Nonprofit or governmental signs advertising a community event
may be installed 14 days in advance of the event and shall be removed
within four days after the event, not to exceed a size of 12 square
feet.
4.
Political campaign signs announcing the candidates seeking public
political office and other data pertinent thereto, up to a maximum
total sign area of 64 square feet per candidate or ballot issue for
each property. These signs shall be confined within private property.
5.
Show window signs in a display of merchandise when incorporated
with such a display. They need not be related in content with the
display. However, the total sign area shall not exceed 25% of the
window area through which they are viewed.
The following types of signs are exempted from all the provisions
of this chapter, except for construction and safety regulations and
the following requirements:
1.
Public signs of a noncommercial nature and in the public interest
erected by, or on the order of, a public officer in the performance
of his public duty, such as safety signs, danger signs, trespassing
signs, traffic signs, street signs, memorial plaques, signs of historical
interest, signs designating a public project, public school, or improvement
program and the like.
2.
Institutional signs setting forth the name or any simple announcement
for any public institution located entirely within the premises of
that institution, up to a maximum sign area of 24 square feet. Such
signs may be illuminated in accordance with the regulations contained
herein. If building-mounted, these signs shall not project above the
roofline. If ground-mounted, the sign shall not exceed a height of
six feet above ground level.
3.
Integral signs, names of buildings, dates of erection, monumental
citations, commemorative tablets and the like when carved into stone,
concrete or similar material or made of bronze, aluminum or other
permanent-type construction and made an integral part of the structure.
4.
Private traffic direction signs directing traffic movement onto
a premises or within a premises, not exceeding a maximum sign area
of five square feet for each sign. Illumination of these signs shall
be as permitted herein. Horizontal direction signs on and flush with
the paved surface areas are exempt from these standards.
5.
Shipping and receiving space signs, provided that they do not
exceed a surface area of four square feet.
6.
Signs on vehicles of any kind are exempt.
7.
Holiday decorations of any kind are exempt.
8.
Fraternal or service organizations. Nonaccessory signs which
identify fraternal societies or service organizations within the City
of Haverhill, provided that such signs shall not exceed a sign surface
area of eight square feet. Such a sign may be illuminated in accordance
with the regulations contained herein.
9.
Political campaign headquarters' signs, provided that the headquarters
are located within any C or I District, and the campaign signs are
located within a building housing such headquarters.
Prohibited signs are signs which:
1.
Contain or are an imitation of an official traffic sign or signal
or contain the words "stop," "go slow," "caution," "danger," "warning"
or similar words.
2.
Are of a size, location, movement, content, color or manner
of illumination which may be confused with or construed as a traffic
control device or which hides from view any traffic or street sign
or signal.
3.
Move or rotate in any manner or have a major moving part.
4.
Contain or consist of banners, posters, pennants, ribbons, streamers,
strings of light bulbs, spinners or other similarly moving devices.
These devices, when not part of any sign, are similarly prohibited
unless they are utilized to announce the opening of a new business
and in which case they must be removed 60 days after such opening.
5.
May swing or otherwise noticeably move as a result of wind pressure
because of the manner of their suspension or attachment, except as
otherwise specified herein.
6.
A sign located on and/or attached to the roof of any building
or top of a canopy shall not be permitted.
1.
Accessory. Signs shall be limited to only the accessory type.
2.
Wall, Projecting or Freestanding. One sign, either a wall, projecting
or freestanding type, shall be permitted, provided that it does not
project or extend beyond a point which lies 10 feet within any side
or front lot line, and further provided that no freestanding sign
shall be higher than six feet.
3.
Professional Identification. One professional or medical building
accessory sign, provided that such a sign shall not exceed 7.5 square
feet on any one face and not more than 15 square feet in total surface
area and one professional nameplate for each professional practitioner,
provided that it does not exceed an area of 12 square inches and is
mounted flush with the wall or door.
4.
Occupancy Identification. One accessory sign for each dwelling
unit, provided that such a sign shall not exceed two square feet in
surface area and shall not be used other than for identifying the
occupancy.
5.
Apartment Identification. One sign may be erected to identify
a multifamily development of 10 or more units, provided that it shall
not exceed 10 square feet in surface area.
6.
Community Facility Identification. One accessory sign for each
funeral establishment, hospital, church, other place of public assembly,
community facility or public utility use, provided that it shall not
exceed 10 square feet in surface area.
Signs may include both accessory and nonaccessory type as follows.
1.
Wall Signs (Accessory). One wall sign for each building frontage
of each establishment shall be permitted. Such wall sign shall not
exceed a maximum area of 40 square feet per building frontage in any
CN District, or a maximum sign area of 120 square feet per building
frontage in a CG District, or a maximum sign area of 120 square feet
per building frontage in any CH District.
2.
Projecting or Freestanding Signs (Accessory). One sign per lot
frontage, either projecting or freestanding, may be erected within
any C District unless otherwise specified (See Subsection 3, "Shopping
center signs"). Where frontage is on more than one street, only the
sign computed with the frontage of that street shall serve that street.
a.
Projecting signs (accessory). A total sign area of one square
foot for each linear foot of respective individual store or establishment
frontage shall be permitted, not to exceed a maximum sign area of
40 square feet per building frontage in any CN District, a maximum
sign area of 80 square feet per building frontage in any CG District
or a maximum sign area of 120 square feet per building frontage in
any CH District. A single-faced sign shall not exceed 1/2 the allowable
sign area for the respective district.
b.
Freestanding signs (accessory). A total sign area of one square
foot for each linear foot of lot frontage shall be permitted, not
to exceed a maximum sign area of 80 square feet per lot frontage in
a CN District, a maximum sign area of 120 square feet per lot frontage
in any CG District or a maximum sign area of 160 square feet per lot
frontage in any CH District. A freestanding sign placed at the intersection
of two or more public roads or so placed as to serve two or more such
roads simultaneously shall be no larger than one square foot for each
linear foot of the longest lot frontage served by the sign or the
maximum sign area for the district in which the sign is located, whichever
is the smaller. No two separate freestanding signs on any one lot
shall be closer together than 300 feet, measured as the direct distance
between them. A single-faced sign shall not exceed 1/2 the allowable
sign area for the respective district.
c.
Freestanding signs (temporary sidewalk). A total sign area on
the face of the sign of nine square feet shall be permitted. The City
Council delegates its permit-granting authority hereunder to the Building
Commissioner for permits for signs under this section. The Building
Commissioner shall not grant a permit for a sign which by size and
location unduly obstructs pedestrian or vehicular traffic (including
line-of-sight for vehicular traffic). The Building Commissioner shall
place conditions on the permit to assure that the sign is properly
anchored and that it is placed only during reasonable business hours.
No such permit shall be issued without the applicant indemnifying
the City of Haverhill from any and all claims arising out of the maintenance
of such a sign as set forth herein. Such a sign may be maintained
entirely in a public way adjacent to the building frontage from the
building which it services.
3.
Shopping Center Signs.
a.
Shopping center indication. A multiple-use identification sign
stating the name of the center and/or the tenants shall be permitted
for a shopping center containing more than an aggregate of 1,000 feet
of frontage, based on the following requirements: If the center has
frontage on more than one arterial or similarly classified public
road in excess of 200 feet, one multiple-use identification sign may
be allowed for each such frontage, its size computed individually
for the frontage it serves, but shall not exceed a sign area of one
square foot for each linear foot of lot frontage or a maximum of 400
square feet, whichever is less. A single-faced sign shall not exceed
1/2 the allowable sign area. A multiple-use identification sign placed
at the intersection of two or more arterial or similar public roads
or so placed as to serve two or more such roads simultaneously shall
be not larger than one square foot for each linear foot of the longest
frontage served by the sign or 400 square feet, whichever is the smaller.
No two separate multiple-use identification signs shall be closer
together than 1,000 feet, measured as the direct distance between
them. If a single frontage is greater than 1,000 feet, one additional
multiple-use identification sign shall be permitted to serve that
frontage, provided that it shall not exceed a maximum sign area of
400 square feet and shall not be located closer than 1,000 feet to
any other multiple-use identification sign, measured as the direct
distance between them. The height of a multiple-use identification
sign shall not exceed 24 feet from grade at the base of the sign,
and no part of the sign shall extend beyond a point which lies 10
feet within any lot line.
b.
Shopping center wall signs. Each commercial establishment within
a shopping center shall be permitted a wall sign according to the
requirements of this section, except that frontage shall be computed
as the building frontage along a pedestrian way. An individual shop
may have more than one pedestrian way frontage for the purposes of
this section.
4.
Freestanding Signs. Freestanding or ground-supported signs for
individual commercial establishments shall not be permitted.
5.
Projecting Signs. Projecting signs for individual establishments
shall not be permitted.
6.
Canopy Signs. An identity sign for each establishment within
a shopping center may be attached or mounted on the lower or bottom
side of a canopy, erected to protect the pedestrian shopper, provided
that it does not project more than 12 inches from the bottom of the
canopy and the bottom of the sign shall not be less than eight feet
above the sidewalk, the face of the sign is perpendicular to the pedestrian
way, the sign shall not project beyond the vertical face of the canopy
and the sign shall not exceed a total area of four square feet.
Signs may include both accessory and nonaccessory types as follows.
1.
Wall Signs (Accessory).
a.
One wall sign for each lot frontage shall be allowed. Where
frontage is on more than one street, only the sign computed with the
frontage of that street shall face or be visible from that street.
b.
A total sign area of one square foot for each linear foot of
building frontage shall be permitted, not to exceed a maximum sign
area of 120 square feet per building frontage in any BG or BP District.
2.
Projecting or Freestanding Signs (Accessory). One sign per lot
frontage, either projecting or freestanding, may be erected within
any I District. Where frontage is on more than one street, only the
sign computed with the frontage of that street shall serve that street.
3.
Projecting Signs (Accessory). A total sign area of one square
foot for each linear foot of building frontage shall be permitted,
not to exceed a maximum sign area of 120 square feet per building
frontage in any BG or BP District.
4.
Freestanding Signs (Accessory).
a.
A total sign area of one square foot for each linear foot of
lot frontage shall be permitted, not to exceed a maximum sign area
of 120 square feet per lot frontage in any BG or BP District.
b.
A freestanding sign placed at the intersection of two or more
public roads, or so placed as to serve two or more such roads simultaneously,
shall be no larger than one square foot for each linear foot of the
longest lot frontage served by the sign or a maximum sign area for
the district in which the sign is located, whichever is the smaller.
c.
No two separate freestanding signs on any one lot shall be closer
together than 400 feet, measured as a direct distance between them.
Nonaccessory signs shall be subject to the regulations of MGL
c. 93, §§ 29 through 33, as amended, and to the following
requirements:
1.
Nonaccessory signs may be allowed, by special permit of the
Board, to be erected and/or maintained within a CH, CG, IP or BP District.
2.
Nonaccessory signs shall comply with the general provisions
of this section; provided, however, that no such sign, unless affixed
to a building, shall be located within 1/2 the building setback of
the district in which it is located; and except under no circumstance
is the sign to project beyond any property line.
3.
Nonaccessory signs permitted herein shall be placed so as to
be visible from the right-of-way of interstate, federal and/or state
highways only. Any such nonaccessory sign shall not be closer than
500 feet to any other nonaccessory sign facing or visible from the
same right-of-way, measured as the direct distance between signs.
4.
Signs along such highways shall not exceed a sign surface area
of 600 square feet, provided further that a single-faced sign shall
not exceed a sign surface area of 300 square feet.
5.
The requirements contained in this section shall not be interpreted
so as to prevent the construction of a nonaccessory sign that is back-to-back
with another such sign or of a V-type construction; provided, however,
that any such sign facing in any one direction shall not exceed a
total surface area of 300 square feet.
Any requirement of this § 6.2 may be waived by the
grant of a special permit from the SPGA, provided that such waiver
shall not result in substantial detriment. If the use does not require
a special permit, the Zoning Board of Appeals shall serve as the SPGA.
Notwithstanding any other filing requirements provided for herein as to petitions, applications or other requests pursuant to Chapter 255, petitioners or applicants shall file electronically using the electronic filing methodology as provided for from time to time by the City Clerk. In addition, petitioners or applicants shall file one paper copy of all plans with the designated office.
The following performance standards have been adopted in order
to control the size, scale, and impacts of larger multifamily, nonresidential,
or mixed-use developments.
1.
Lighting. The proposed development shall not produce lighting
so as to unreasonably interfere with the use and enjoyment of property
within the Town. Lighting practices and systems shall i) reduce light
pollution, light trespass and glare in order to preserve and enhance
the natural, scenic, and aesthetic qualities of the City; ii) conserve
energy and decrease lighting cost without decreasing nighttime safety,
security, and productivity, and iii) preserve the night sky as a natural
resource to enhance nighttime enjoyment of property within the Town.
2.
Noise. The proposed development shall comply with the provisions of Chapter 182 of the Haverhill Code.
3.
Landscaping and Screening. The proposed development shall maximize
and retain open space, and shall be integrated into the natural landscape,
shall minimize adverse environmental impacts to such features as wetlands,
floodplains, and water resource protection recharge areas and shall
minimize tree, vegetation, and soil removal, and grade change. Proposed
landscaping shall require native and drought-tolerant species and
prohibit invasive or nonnative plants.
4.
Stormwater Management. The proposed development shall include
adequate provisions or measures to prevent pollution of surface or
groundwater, minimize erosion and sedimentation, prevent changes in
groundwater levels, increased runoff, and potential for flooding,
and minimize adverse impacts to neighboring properties by flooding
from excessive runoff.
5.
Site Development Standards. To the extent practicable, the proposed
development shall be located to preserve and enhance the natural features
of the site, to avoid disturbances of environmentally sensitive areas,
to minimize adverse impacts of development on adjoining properties,
to minimize the alteration of the natural features of the site and
to preserve and enhance scenic points, historic buildings and places
and similar community assets which add value and attractiveness to
the subdivision and the Town.
6.
Pedestrian and Vehicular Access; Traffic Management. The proposed
development and/or redevelopment shall be designed with a forecast
for the next five years from the time of application to i) minimize
hazards to public health and safety as a result of traffic; ii) provide
safe access and circulation on the site for expected vehicles, pedestrians,
and emergency vehicles; iii) provide off-site traffic mitigation,
where required, to offset the impact of the development; iv) reduce
the traffic impacts of the proposed development on the area and the
Town by incorporating traffic management devices; and v) minimize
the impact on scenic roads, historic districts, natural resources,
and community character. The development shall not degrade safety
for pedestrians, bicyclists, motor vehicle occupants, or property.
7.
Aesthetics. The location, size and design, building materials,
and operating characteristics of the proposed development shall be
compatible with and will not adversely affect the livability or appropriate
development of abutting properties, with natural and built environment
in the area and the surrounding neighborhood.
8.
Utilities; Security; Emergency Systems. The proposed development
shall be adequately served by public or private utilities, security
systems, and emergency systems.
9.
Other General Standards. The proposed development will not cause
a public or private nuisance.
Applicants for special permits or development review pursuant
to § 10.1.4 for multifamily, nonresidential, or mixed uses
shall comply with these Performance Standards. "Nonresidential, multifamily,
or mixed-use" shall mean a project with more than 10,000 square feet
of gross floor area or more than 10 dwelling units. The SPGA may adopt
rules and regulations for administration of these performance standards.
The SPGA may require the establishment of an escrow account, pursuant
to MGL c. 44, s. 53G, to cover all or part of the cost of the technical
review required by the project, including services provided by, but
not limited to, attorneys, traffic engineers, landscape architects,
civil engineers, fiscal analysts, and other professionals.
The following standards shall apply to applications for special
permits or for development review pursuant to § 10.1.4 for
a multifamily, nonresidential, or mixed use:
1.
Lighting.
a.
Shielding. All outdoor light fixtures shall be shielded so as
to meet the goals of this section.
b.
Light trespass. Direct glare or overspill from a light source
is to be confined within the property boundaries. Lights shall not
escape unshielded into the night sky.
c.
Light intensity. Outdoor lighting shall be designed to provide
the minimum intensity needed at any particular time.
d.
Illuminated surfaces. Preferred surfacing for lighted areas
shall be of materials such as blacktop which reflect a relatively
small fraction of incident light. Parking area lighting shall be reduced
or eliminated outside business hours. The SPGA may require an electrical
configuration for parking lots which support shut off for specific
unused areas to reduce the glare from lighting.
e.
Searchlights. The operation of laser shows or searchlights for
advertising purposes is prohibited; provided, however, that same may
be authorized for a period of not more than 14 days by special permit
issued by the City Council.
f.
Indoor lighting. Indoor light sources will not be projected
outside in a manner to defeat the intent of this chapter.
g.
Sodium vapor or metal halide lighting. No outdoor light fixtures
using sodium vapor or metal halide lamp or lamps shall be allowed
unless specifically authorized by the City Council by special permit.
h.
Outdoor signs. Outdoor light fixtures used to illuminate an
outdoor sign shall be mounted on top of the sign structure or otherwise
restricted to prevent up-light and light trespass.
i.
Flickering and flashing lights. No flickering or flashing lights
shall be permitted. Processes, such as arc welding, which create light
flashes shall be confined within buildings or shielded to prevent
either direct glare or flashing.
k.
Hours of operation. Except as may be deemed appropriate for
site safety or security, all external lighting, including lighting
accessory to authorized signs, shall be extinguished 1/2 hour after
the facility is closed for the business day. Such lighting may be
timed to resume 1/2 hour prior to the arrival of the first employee
on the premises.
2.
Noise. The proposed development shall comply with the provisions of Chapter 182 of the Haverhill Code and 310 CMR 7.10 of the Department of Environmental Protection's regulations.
3.
Landscaping.
a.
Street buffer strip. Except for a required sidewalk, a landscaped
buffer strip at least 20 feet wide, continuous except for approved
driveways, shall be established adjacent to any public road to visually
separate parking and other uses from the road. The buffer strip shall
be planted with grass, medium height shrubs, evergreens and shade
trees having a minimum four inches in caliper measured four feet from
ground level planted at least every 30 feet along the road frontage.
Evergreens and shade trees shall be at least eight feet in height
at time of planting. At all street or driveway intersections, trees
or shrubs shall be set back a sufficient distance from such intersections
so that they do not present an obstruction to sight lines.
b.
Screening and buffer area in I or C Districts. A screening and
buffer area shall be required in any I or C District which adjoin
or abut an R or S District at the side or rear of the property. This
screening must consist of any one of, or some combination of, the
following:
(1)
A solid fence or wall not less than six feet in
height.
(2)
Evergreen shrubbery placed in two rows, with at
least three feet between rows. There shall be at least three feet
from the center line of the row adjacent to the lot line and said
lot line. There shall be at least three feet from the center line
of the row furthest from the lot line and the nearest paved area or
building. The plants in each row shall be no more than four feet apart,
and the plants in one row shall be staggered in relation to the plants
in the other row. All plant materials shall be at least three feet
in height at the time of planting and shall be maintained at maturity
between five and six feet in height.
(3)
Shrubbery shall be selected from the species set
forth in the Development Review Rules and Regulations.
(4)
Trees (or large-scale shrubs) placed in two rows,
with at least 10 feet between rows. There shall be at least six feet
from the center line of the row adjacent to the lot line and said
lot line. There shall be at least six feet from the center line of
the row furthest from the lot line and the nearest paved area or building.
The plants in each row shall be no more than 20 feet apart, and the
plants in one row shall be staggered in relation to the plants in
the other row. At least 1/2 of the selected trees for screening purposes
under this method shall be of an evergreen variety. Such trees shall
be at least three feet in height if of the evergreen variety or two-inch
caliper if of the deciduous variety at the time of planting. Trees
(or large-scale shrubs) shall be selected from the species set forth
in the Development Review Rules and Regulations.
(5)
The screening required by this section shall be
set back 15 feet from each front lot line. The required screening,
whether fencing or plant materials, shall be maintained in good condition.
(6)
The use of existing plant material and/or natural
topography or any other method of screening entirely different from
or in combination with the above may be utilized, provided that written
approval of same is obtained from both the City of Haverhill's Director
of Natural Resources and Director of Planning and Development.
c.
Large parking areas. Parking areas containing over 20 spaces
shall have at least one shade tree per 10 parking spaces, such tree
to be a minimum of 2 1/2 inches in diameter and located either
in the parking area or within 10 feet of it. At least 5% of the interior
of the parking area shall be maintained with landscaping, including
trees, in landscape islands or plots of at least nine feet in width
with no more than 20 parking spaces between each island or plot. Trees
shall be located to provide visual relief from sun and wind interruption
within the parking area and assure safe patterns of internal pedestrian
and vehicular traffic. Other traffic calming measures such as crosswalks,
bikelanes, rumble-strips and landscape islands may be required as
necessary.
d.
Fencing. Fencing may be allowed in lieu or in conjunction with
plantings. Design and height of such fencing, with accompanying landscaping,
shall be subject to the approval of the SPGA or development review.
e.
Retaining walls. Retaining walls shall be constructed to a maximum
height of six feet. If site conditions require elevation changes of
greater than six feet, retaining walls shall be terraced and landscaped.
Retaining walls facing residential districts shall be solid fieldstone
or fieldstone veneer or other similar material. Unless used within
the business districts, vertical cast in place concrete or concrete
blocks shall not be permitted.
f.
Berms. The SPGA or development review may require a berm or
berms in appropriate circumstances to promote the goals of this section.
g.
Unsightly uses and areas. Exposed storage areas, refuse disposal
facilities, machinery, service areas, truck loading areas, utility
buildings and structures and other unsightly uses shall be screened
from view from neighboring properties and streets using dense, hardy
evergreen plantings, or earthen berms, or wall or tight fence complemented
by evergreen plantings.
h.
Maintenance. All landscaping features, structures and areas
shall be properly maintained. Dead shrubs or trees shall be replaced
within one growing season as a condition of approval.
i.
Preservation of natural vegetation and provision of street trees.
Initial development of any parcel or lot shall include the provision
of street trees, landscaping and preservation of natural vegetation
in the following manner:
(1)
Street trees selected from those deciduous types
listed in the Development Review Rules and Regulations shall be planted
a maximum of 50 feet on center and three feet from the front property
line (and within the property and with proper allowance for utility
lines and driveways).
(2)
Exclusive of the street trees noted above, each
lot or parcel developed shall include the installation of trees selected
from and as stipulated in such regulations in the following ratio:
(a)
Single-family and two-family homes on lots less
than 15,000 square feet: two trees per lot.
(b)
Single-family and two-family homes on lots of 15,000
square feet or more: four trees per lot.
(c)
Multifamily development: 15 trees per acre.
(d)
Commercial or business development: one tree per
every 20 parking spaces, to be distributed within such parking areas
and protected from vehicular damage.
(3)
The developer of any lot or parcel is encouraged
to preserve existing vegetation and, therefore, may fulfill the above
requirements by maintaining and preserving existing tree growth that
is consistent with the above specifications.
4.
Stormwater Management.
a.
Consistency with the Massachusetts Stormwater Management Policy.
All development shall comply with the DEP's Stormwater Management
Policy (including Phase III Stormwater requirements), to ensure that
the rate of surface water run-off from the site shall not be increased
after construction.
b.
Dry wells. Dry wells shall be used only where other methods
are unfeasible and shall require oil, grease, and sediment traps to
facilitate removal of contaminants.
c.
Conservation Commission. Where applicable, no special permit
shall be issued unless a report shall have been received from the
Conservation Commission or the SPGA or development review that the
storm drainage system is consistent with DEP Stormwater Management
Policy and that there is sufficient storm drainage capacity to meet
the flow demands of the proposed development on-site, and where applicable,
without causing surge in those storm drainage lines which serve the
project and are consistent with the standards of the City.
d.
Temporary measures. During the construction phase, temporary
diversions, berms, grassed waterways, special culverts, shoulder dikes
or such other mechanical measures as may be necessary may be required
by the SPGA or development review to intercept and divert surface
water runoff. Runoff flow shall not be routed through areas of protected
vegetation or revegetated slopes and other areas. Temporary runoff
from erosion and sedimentation controls shall be directed according
to BMPs, such as vegetated swales. Retaining walls may be required
where side slopes are steeper than a ratio of 3:1.
e.
Erosion and sedimentation control. Erosion and sedimentation
controls shall be constructed in accordance with the DEP Stormwater
Guidance manual. Topsoil and loam storage areas shall be subject to
these standards.
(1)
Erosion control measures shall include the use
of erosion control matting, mulches and/or temporary or permanent
cover crops. Mulch areas damaged from heavy rainfalls, severe storms
and construction activity shall be repaired immediately.
(2)
Erosion control matting or mulch shall be anchored
where plantings are on areas subject to mulch removal by wind or water
flows or where side slopes are steeper than 3:1 or exceed 10 feet
in height. During the months of October through March when seeding
and sodding may be impractical, anchored mulch may be applied at the
SPGA's or development review's discretion.
(3)
The mouths of all catch basins shall be fitted
with filter fabric during the entire construction process to minimize
siltation or such basins shall be designed as temporary siltation
basins with provisions made for final cleaning.
(4)
During construction, the applicant shall be required
to conduct weekly inspections of all erosion and sedimentation control
measures on the site to ensure that they are properly functioning
as well as to conduct inspections after severe storm events.
5.
Site Development Standards.
a.
Land disturbance. Site/building design shall preserve natural
topography outside of the development footprint to reduce unnecessary
land disturbance and to preserve natural drainage on the site.
b.
Replication. Clearing of vegetation and alteration of topography
shall be replicated with native vegetation planted in disturbed areas
as needed to enhance or restore wildlife habitat.
c.
Clearing for utility trenching. Clearing for utility trenching
shall be limited to the minimum area necessary to maneuver a backhoe
or other construction equipment. Roots should be cut cleanly rather
than pulled or ripped out during utility trenching. Tunneling for
utilities installation should be utilized wherever feasible to protect
root systems of trees.
d.
Site design.
(1)
Placement of buildings, structures, or parking
facilities shall not detract from the site's scenic qualities and
shall blend with the natural landscape.
(2)
Building sites shall be directed away from the
crest of hills, and foundations shall be constructed to reflect the
natural terrain.
(3)
Sites shall be designed in such a way as to avoid
impacts to rare and endangered species and wildlife habitat on a site,
and to maintain contiguous forested areas.
e.
Preservation of existing vegetation. Priority shall be given
to the preservation of existing stands of trees, trees at site perimeter,
contiguous vegetation with adjacent sites (particularly existing sites
protected through conservation restrictions), and specimen trees.
(1)
Understory vegetation beneath the dripline of preserved
trees shall be retained in an undisturbed state.
(2)
During clearing and/or construction activities,
all vegetation to be retained shall be surrounded by temporary protective
fencing or other measures before any clearing or grading occurs, and
maintained until all construction work is completed and the site is
cleaned up. Barriers shall be large enough to encompass the essential
root zone of all vegetation to be protected. All vegetation within
the protective fencing shall be retained in an undisturbed state.
f.
Limit of clearing. Development envelopes for structures, driveways,
wastewater disposal, lawn areas and utility work shall be designated
to limit clearing and grading.
(1)
In order to minimize the clearing and grading on
a site associated with construction activities such as parking of
construction vehicles, offices/trailers, stockpiling of equipment/materials,
such activities may be limited to areas already planned for permanent
structures.
(2)
Topsoil shall not be stockpiled in areas of protected
trees, wetlands, and/or their vegetated buffers.
g.
Finished grade. Finished grades should be limited to no greater
than a 3:1 slope, while preserving, matching, or blending with the
natural contours and undulations of the land to the greatest extent
possible. Finished grade shall be no higher than the trunk flare(s)
of trees to be retained. The design of grade changes at the base of
existing large trees shall be subject to the approval of the SPGA
or development review.
h.
Phasing of development. The SPGA or development review may limit
the extent of a site exposed at any one time through phasing of construction
operations. Effective sequencing shall occur within the boundaries
of natural drainage areas.
i.
Revegetation. Proper revegetation techniques shall be employed
during construction using native plant species, proper seed bed preparation,
fertilizer and mulching to protect germinating plants. Revegetation
shall occur on cleared sites within seven calendar days of final grading
and shall occur during the planting season appropriate to the selected
plant species.
j.
Topsoil. A minimum of six inches of topsoil shall be placed
on all disturbed surfaces which are proposed to be planted.
k.
Irrigation. The SPGA or development review may require that
water for the purpose of irrigation shall be provided by an onsite
well, after consultation with the Water Department.
6.
Pedestrian and Vehicular Access; Traffic Management.
a.
Access. To the extent feasible, access to nonresidential uses
and structures shall be provided via one of the following: i) access
via a common driveway serving adjacent lots or premises; ii) access
via an existing side street; or iii) access via a cul-de-sac or loop
road shared by adjacent lots or premises.
b.
Driveways. Each development shall be served by an adequate driveway.
(1)
The SPGA or development review may, in certain
circumstances, allow additional driveways as a condition of approval
where the access is shared or the project has frontage on two separate
streets.
(2)
All driveways shall be designed to afford adequate
sight distance to pedestrians, bicyclists, and motorists exiting to
public ways. Improvements may be required on the public way for vehicular
turning movements in or out of the site and safe pedestrian access
to adjoining sidewalks, paths, walking trails or bikeways.
c.
Curb cuts. Curb cuts shall be limited to the minimum width for
safe entering and exiting, and shall in no case exceed 24 feet in
width unless waived by the SPGA or development review for business
truck traffic. The location of driveway openings in relation to traffic
and to adjacent streets shall provide for the convenience and safety
of vehicular and pedestrian movement within the site. The number of
curb cuts on state and local roads shall be minimized.
d.
Interior circulation. The proposed development shall assure
safe interior circulation within its site by separating pedestrian,
bikeways, and vehicular traffic.
e.
Transportation plan approval. The proposed development may be
subject to transportation plan approval by the SPGA or development
review. The transportation plan shall consist of the following information:
(1)
A plan showing the proposed parking, loading, and
traffic circulation within the site; access and egress points; and
other features related to traffic generated by the proposed use.
(2)
A traffic study, prepared by a qualified traffic
engineer, detailing the excepted traffic impacts. For proposed development
in excess of 25,000 gross square feet, the required traffic study
shall substantially conform to the Institute of Transportation Engineers'
"Traffic Access and Impact Studies for Site Development: A Recommended
Practice," latest edition. The SPGA or Board shall approve the geographic
scope and content of the study. In addition, the applicant shall submit
a transportation demand management (TDM) plan tailored to the specific
uses and the geographic location of the site.
(3)
Proposed mitigation measures, if any, such as left-turn
lanes, roadway widening, signage, signalization of intersections.
(4)
For proposed development in excess of 25,000 gross
square feet, the applicant shall submit a traffic management component
(TMC) as part of the transportation plan. The TMC shall provide information
on the number of expected person trips to and from the site, broken
down by various travel modes (e.g., single-occupancy vehicle, carpool,
walk, bicycle, commuter rail, shuttle bus, etc.). The TMC shall also
incorporate one or more of the following techniques to reduce the
number of single-occupancy vehicle trips by employees coming to and
departing from the proposed use:
(a)
Establishment of or contribution to a traffic management
association (TMA) within the region, which shall provide shuffle services
for employees and other services as may be appropriate;
(b)
Employee carpools or vanpools sponsored by the
employer or the TMA;
(c)
Subsidized commuter rail passes, provided by the
employer, and sold on the site or offered through payroll deduction;
(d)
Monetary incentives to employees who do not use
a parking space;
(e)
On-site shower facilities and/or bicycle racks
for employees who do not drive to work;
(f)
Other techniques as may be deemed appropriate by
the SPGA or development review or its traffic consultant.
f.
Level of service (LOS) maintenance or improvement.
(1)
If the proposed project will result in an intersection
level of service below a rating of LOS D, or result in a roadway volume
to capacity rating greater than 1.0, the applicant may be required
to provide detailed plans (including reconstruction concepts), that
when implemented would result, to the extent feasible, in an intersection
level of service rating of D or better.
(2)
If the proposed project will result in a reduction
in level of service of one letter grade or an increase of 10 seconds
of delay to a signalized or unsignalized intersection, the applicant
may be required to provide detailed plans that when implemented would
result, to the extent feasible, in a return to existing conditions.
g.
(Reserved)
h.
Dangerous intersections. The SPGA or development review may
require mitigation for any net increase in traffic volumes of 10%
or more at an intersection that has an accident history of more than
five accidents in the last three years for which data is available.
i.
Sight distance. Acceptable sight distance shall be provided
and maintained at all access locations, egress locations, and all
intersections affected by the Development. At a minimum, these site
distances shall meet the stricter of the Massachusetts Highway Department
and American Association of State Highway Transportation Officials
standards for safe-stopping sight distances.
j.
Mitigation. Development review may require as a condition of
any site plan approval or special permit, respectively, off-site improvements
to mitigate the impact of the proposed development. Such improvements
include intersection widening and traffic signals or the components
of the TMC. All road and intersection improvements proposed as part
of development and redevelopment shall be consistent with local plans.
k.
Pedestrian and bicycle safety. Pedestrian and bicycle circulation,
and the amenities required thereof, on and off site, shall be in accordance
with the following requirements:
(1)
All development and redevelopment shall provide
for pedestrian and bicyclist connections on the property, and allow
for possible future connections with adjoining properties, where deemed
appropriate by development review.
(2)
Pedestrian access shall connect to all building
entrances with further connections to local pedestrian arteries.
(3)
All road and intersection widening and new traffic
signals or modification of existing traffic signals required as part
of a development or redevelopment shall include appropriate bicycle
and pedestrian accommodation.
(4)
Development review may require proposed development
and redevelopment to provide sufficient rights-of-way on their properties
to accommodate expected needs for bicycle and pedestrian use.
(5)
Sidewalks, crosswalks, walkways, bike racks or
other pedestrian access shall be provided to allow access to adjacent
properties and between individual businesses within a development.
(6)
If the property abuts a public bikeway/right-of-way,
a paved access route to the bikeway may be required.
l.
Location of parking areas. Where feasible, development review
may require parking areas to be located to the side or behind buildings
so as to provide an appropriate setting for the building within the
context of the site and neighborhood and allow parking areas to be
shared with adjacent businesses. The SPGA or development review may
require alternative studies of parking lot layouts. Except where physical
constraints, site configuration, or safety considerations preclude
strict compliance, all parking must be accessible by driveways to
the parking lots of adjacent nonresidential uses and land zoned for
nonresidential uses.
m.
Traffic-calming features. Traffic-calming measures such as crosswalks,
bikelanes, rumble strips and landscaped islands may be required.
7.
Aesthetics.
a.
Compatibility with neighborhood. The location, size and design,
building materials, and operating characteristics of the proposed
development shall be compatible with and will not adversely affect
the livability or appropriate development of abutting properties,
with natural and built environment in the area and the surrounding
neighborhood, with consideration to be given to the following:
8.
Utilities; Security; Emergency Systems.
a.
Wastewater treatment and disposal. The SPGA or development review
may require a report from the Board of Health confirming that the
proposed site development provides for wastewater treatment and or
disposal in a manner that is consistent with regulations of the Commonwealth
of Massachusetts and the Board of Health.
b.
Water. There shall be sufficient water capacity to meet the
flow demands of the proposed use without causing municipal water flow
characteristics off-site to fall below the standards adopted by the
City.
c.
Site security. There shall be a certification by the Police
Chief that the petitioner has provided a written plan for site security,
which plan has been approved by the Police Chief.
d.
Underground. All electrical, cable and telecommunications services
shall be installed underground.
e.
Fire alarm system. There shall be sufficient municipal fire
alarm system capacity to meet the operating requirements of the proposed
site development and use under applicable codes, regulations, and
statutes enforced by the Fire Chief.
9.
Other General Standards.
a.
Any use permitted by right, special permit and/or variance in
any district shall not be conducted in a manner as to emit any dangerous,
noxious, injurious or otherwise objectionable fire, explosion, radioactive
or other hazard; noise or vibration, smoke, dust, odor or other form
of environmental pollution; electrical or other disturbance; glare;
liquid or solid, refuse or wastes; conditions conducive to the breeding
of insects, rodents or other substance, conditions or element in an
amount as to affect adversely the surrounding environment. All operations
shall be conducted in such a manner so as to comply with the laws
of the Commonwealth of Massachusetts regulating air pollution.
b.
The following standards shall apply.
(1)
Emissions. Emissions shall be completely and effectively
confined within the building or so regulated as to prevent any nuisance,
hazard or other disturbance from being perceptible (without the use
of instruments) at any lot line of the premises on which the use is
located.
(2)
Flammables. All activities and all storage of flammable
and explosive materials at any point shall be provided with adequate
safety devices against fire and explosion and adequate firefighting
and fire-suppression devices and equipment.
(3)
Radioactivity. No activities shall be permitted
that emit dangerous radioactivity.
(4)
Electrical disturbance. No electrical disturbance
adversely affecting the operation at any point, of any equipment,
other than that of the creator of such disturbance, shall be permitted.
(5)
Discharge. No discharge other than that approved
by the Haverhill Health Department or other proper authority, at any
point, into a private sewage system, stream, the ground or a municipal
sewage disposal system of any material in such a way or of such a
nature or temperature as can contaminate any running stream, water
supply or standing body of water or otherwise cause the emission of
dangerous or objectionable elements and accumulation of wastes conducive
to the breeding of rodents or insects shall be permitted.
(6)
Vibration. No vibration which is discernible to
the human sense of feeling for three minutes or more in any hour between
7:00 a.m. and 7:00 p.m., or for 30 seconds or more in any one hour
between 7:00 p.m. and 7:00 a.m. shall be permitted. No vibration at
any time shall produce an acceleration of more than 0.1 gravity or
shall result in any combination of amplitudes and frequencies beyond
the safe range of Table 7, United States Bureau of Mines Bulletin
No. 442.
The following are exempt from these standards:
1.
Emergency Response. Emergency responses performed by a private
entity or a public agency and fire or burglar alarms.
2.
Municipal Uses and Structures. All municipal uses and structures,
including schools.
3.
Events. Parades, fairs or outdoor entertainment between the
hours of 7:00 a.m. and 11:00 p.m. only, provided that a permit for
such activity has been granted by the City Council and that said permit
is for not more than 10 days.
The SPGA may, in the course of granting a special permit for
nonresidential, multifamily or mixed-use development, waive any of
these performance standards where such waiver is not inconsistent
with public health and safety, and where such waiver does not derogate
from the purposes of this section because the proposed development
will adequately serve the goals and objectives set forth in § 6.3.1
hereof. When a project is subject only to development review, the
City department with jurisdiction may recommend a waiver to the Building
Commissioner if permitted by law.
The SPGA or development review may ensure compliance with these
performance standards at the application stage by requiring evidence
of probable compliance, whether by example of similar facilities or
by engineering analysis, verified by technical peer review. In addition,
the SPGA or development review may require a monitoring program post-permit
issuance for compliance purposes for a time period as may be specified
in the special permit or certificate of occupancy.
