Authority of permit granting authority.
(1) The City Council shall be the permit granting authority for special permit and site plan approval in the RWMUOD. In all instances, a development which proceeds under the RWMUOD Overlay is subject to site plan approval in accordance with §
270-2 of the Marlborough City Code, with the exception that the City Council shall be the permit granting authority for special permit and site plan approval in the RWMUOD.
(2) The City Council may elect to vary the dimensional and parking requirements of this section by special permit if, in its opinion, such change shall result in a substantially improved project and will not nullify or substantially derogate from the intent or purpose of this section. This authority continues subsequent to occupancy.
Master concept plan. See
§ 650-33C for detailed information.
Exclusivity/control. Except as specifically provided herein, uses and provisions of Article
V of this chapter relating to the underlying zoning district not otherwise impacted by this section (§
650-33) shall continue to remain in full force and effect; provided, however, that the City Council shall be the special permit granting and site plan approval authority, if applicable. This section (§
650-33) of the Zoning Ordinance exclusively controls the establishment, development, and design of any MUD undertaken in a subdistrict in the RWMUOD and supersedes any other provision of the Zoning Ordinance (except the provisions of the Water Supply Protection District, provided that the maximum total impervious surface coverage for the RWMUOD shall be 60% calculated on the entire land area of each subdistrict and not on an individual lot basis). In the event of any conflict between the provisions of this section (§
650-33 et seq.) and any other provision of the Zoning Ordinance, the provisions of this section shall govern and control.
Eligible uses. Except as specifically set forth below, all uses permitted in the Industrial and Limited Industrial Districts either as of right or by special permit in accordance with §
650-17 of the Zoning Ordinance are permitted in the RWMUOD. If a use requires a special permit under §
650-17, Table of Use Regulations, such use shall continue to require a special permit under this section. See
§ 650-33E for detailed information.
Application.
(1) An application for a special permit for a use in the mixed use development in the RWMUOD shall comply with the requirements of §
650-57 et seq. of the Zoning Ordinance. In the matter of a site plan approval, the application shall comply with the requirements of the City Code, Chapter
270, Article
II, Permits and Approvals, §
270-2 et seq.
(2) The City Council in connection with a special permit and/or site plan application shall review such applications with respect to the following design criteria:
(a) Compliance of sidewalks with Americans with Disabilities Act (ADA) design standards;
(b) Street facade and exterior walls visible from public ways;
(c) Public space;
(d) Scale of buildings; and
(e) External lighting.
(3) Concurrent with any public hearing/meeting associated with a special permit and/or site plan filing, the applicant shall make a presentation to the City Council to present the proposed architectural design and shall consider the comments and input from the City Council. A final building elevation shall be submitted prior to the close of the public hearing/meeting.
Amendments. After approval, an owner/developer may seek amendments to the approved permits. Minor amendments to a special permit and major or minor amendments to a site plan approval may be made by a super majority (2/3) vote of the City Council. It shall be a finding of the City Council, not subject to dispute by the applicant, whether a requested amendment is deemed to be a major amendment or a minor one. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce more than a material increase in impact on City services, the environment or the neighborhood. If it is determined that revisions to a special permit are not minor, per §
650-59 of the Zoning Ordinance, an application for a revised special permit shall be filed, and a public hearing shall be held in the same manner as required for a new application, subject to the fee schedule under Subsection
C(3)(f) of §
650-59.
See
§ 650-33: Results Way Mixed Use Overlay District for complete, detailed information.
See
Permitting for information on permits.
See
Online Services for information on site plan reviews.
