New Bedford 2020 - VHB.com

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A City Master Plan New Bedford 2020BZoning DiagnosticIntroductionVanasse Hangen Brustlin, Inc. (VHB, Inc.) reviewed the New Bedford Zoning Ordinance and a number ofstrategic plans prepared by the City. As a result of a number of interviews and focus group meetings, VHB, Inc.also considered comments provided by various staff members of the City and local developers and real estateprofessionals. In this memorandum, VHB, Inc. outlines observations regarding the current ordinance and makea number of recommendations, which are outlined by topics. While a number of recommendations arepresented, this is not meant to be a complete list of everything that should be changed. Specific information onthe various sections of the ordinance will be presented in written materials and work sessions in the followingmonths.As is the case with most zoning recodification and revision efforts, there are a number of choices to be madealong the way. Frequently it is not a matter of whether a particular option is right or wrong, but rather it is apreference or policy decision. Thus, while a number of recommendations are presented herein, the MasterPlan Steering Committee may choose not to implement some of them, or even try yet another alternative.VHB, Inc. will work with the Master Plan Steering Committee to understand the various options and decide onthe best course of action for the City. To that end, VHB, Inc. will provide explanatory memoranda on specificissues as needed so that the options can be outlined, the relative benefits and detriments weighed, and assistthe Master Plan Steering Committee in deciding what course of action it wishes to pursue.Please note that a number of specific suggestions may not be included herein if they simply involve minorwording changes or corrections of errors, such as addressing internal inconsistencies in the ordinance. It isassumed that simple changes, such as those will be made as the City proceeds with the recodification effort.Project Goals and ObjectivesGenerally, this project has several goals and objectives, based upon discussions with staff at the Office ofPlanning and a review of the planning documents described above.> Recodify and update the ordinance to make it easier to use and administer;> Remove internal inconsistencies and ensure that the ordinance meets applicable statutory and case law;> Ensure that the ordinance is in conformance with the recommendations that arise from numerousstrategic plans, New Bedford 2020, and related planning reports;> Address issues related to using the ordinance as a tool to promote economic development in certain areasof the City;> Revise the use classifications, particularly with respect to business, commercial and industrial uses,Appendix B: Zoning DiagnosticB-1
A City Master Plan New Bedford 2020> Promote effective permit streamlining while minimizing neighborhood impacts from developmentprojects; and> Encourage the use of new tools and techniques not currently found in the ordinance, such as sustainabledevelopment and smart growth provisions promoted by the Commonwealth and use successfully in othercommunities in Massachusetts and around the country.FormatThe format of the ordinance is an important consideration when undergoing a zoning update andrecodification process. The goal of this effort is to ensure that the ordinance is easy to use and understand by:> Those entities charged with administering and enforcing the zoning code;> Developers and project applicants that need to determine which sections are applicable to their project; and> Members of the general public that wish to understand what they can do on property they own or to reviewprojects proposed near them.The numbering system in the ordinance is generally easy to follow, although it appears as if a number ofsections were just appended to the ordinance. After Section 4900 Wireless Communications Facilities, thereare several sections numbered 4100A, 4200A, 4300A, and 4400A, which relate to the four Mill OverlayDistricts. The Table of Contents is not always consistent with the ordinance itself.It is recommended that the order of the sections should be reorganized to have all use related sections together(including overlay districts), as well as the site design standards (parking, signs, landscaping, site plan review),followed by all the administrative sections (Board of Appeals, enforcement, amendments), which are already atthe end of the ordinance. The tables in the Appendix of the ordinance (Table of Principal Use Regulations,Table of Dimensional Regulations, and the Table of Parking and Loading Requirements) should beincorporated into the appropriate section of the ordinance. Specific regulations regarding adult uses, body art,asphalt plants, motor vehicle repair, and assisted and independent living facilities can be combined into arevised Special Regulations section, but do not need to be separate sections unto themselves. Ultimately, thismay entail creating some new sections and combining others.Another option to consider would be to combine all of the special or overlay districts (Flood Hazard, DowntownBusiness, the mill overlays) into a single section.The uses listed in the Table of Principal Use Regulations would be easier to follow if they were listedalphabetically.Finally, it will be very useful to include graphics throughout the ordinance that help to illustrate some of thedefinitions and development concepts or standards. Examples include illustrations that show the various typesof signs that are allowed (or not permitted), dimensional regulations on a lot, design standards if adopted aspart of this zoning revision, parking, and landscaping requirements.In making some of these suggestions, it is understood that many users of the ordinance may be used to seeingit in its current format and how each section fits into the overall framework of the ordinance. However,numerous comments were made regarding how difficult it is to use the ordinance in its current state.Appendix B: Zoning DiagnosticB-2
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