(1) The City Council shall be the permit granting authority for special permit approval in the HRMUOD where applicable. In all instances, a development which proceeds under the HRMUOD overlay is subject to site plan approval in accordance § 270-2 of the Marlborough City Code, with the exception that the City Council shall be the permit granting authority for special permit, where applicable, and site plan approval in the HRMUOD.

(2) The City Council may elect to vary the dimensional and parking requirements of this section by site plan approval if, in its opinion, such change shall result in an 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 § 650-35C 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 (§ 650-35 et seq.) 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 (§ 650-35 et seq.) of the Zoning Ordinance exclusively controls the establishment, development, and design of any MUD undertaken in the HRMUOD and supersedes any other provision of the Zoning Ordinance, as set forth in Subsection C(3); provided, however, that this section supersedes § 650-24 (Water Supply Protection District) only with respect to the fifty-foot no disturbance/buffer zone to a wetland, as set forth in Subsection K(3); and provided, further, that the maximum total impervious surface coverage for the HRMUOD shall be 60%, calculated on the entire land area of the HRMUOD and not on an individual lot basis. In the event of any conflict between the provisions of this section (§ 650-35 et seq.) and any other provision of the Zoning Ordinance, the provisions of this section shall govern and control.

Application.

(1) Special permits. An application for a special permit for a use in the mixed-use development in the HRMUOD shall comply with the requirements of § 650-59 et seq. of the Zoning Ordinance.
(2) Site plan approval. An application for site plan approval shall comply with the requirements of Chapter 270 the City Code, Article II, Permits and Approvals, § 270-2 et seq.

(1) After approval, the owner/developer of the HRMUOD or any individual applicant may seek modifications to any approved special permits or site plan approvals.

(2) Special permits. Major modifications to a special permit may be granted by a supermajority 2/3 vote of the City Council, and minor modifications to a special permit may be granted by the Building Commissioner. It shall be a finding of the City Council, not subject to dispute by the applicant, whether a requested modification to a special permit is deemed to be a major or a minor. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce a material increase in impact on City services, the environment or the neighborhood. Where the effect of a modification to a special permit is quantifiable (by way of example only, modifications to building size or location, parking count or location, or other such quantifiable modification), it shall be presumed minor if the quantifiable effect does not result in a ten-percent or greater variation from the applicable approval; provided however, that said modification would not result in a violation of any provision of this section. If it is determined that a modification to a special permit is 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 § 650-59C(3)(f).

(3) Site plan approvals. Major amendments to a site plan approval may be granted by a majority vote of the City Council, and minor amendments to a site plan approval may be granted by the Building Commissioner. It shall be a finding of the Building Commissioner, not subject to dispute by the applicant, whether a requested modification to a site plan approval is deemed to be a major or a minor. In general, a minor modification shall not produce more than a material increase in the scale of a project nor produce a material increase in impact on City services, the environment or the neighborhood. Where the effect of a modification to a site plan approval is quantifiable (by way of example only, modifications to building size or location, parking count or location, or other such quantifiable modification), it shall be presumed minor if the quantifiable effect does not result in a ten-percent or greater variation from the applicable approval; provided however, that said modification would not result in a violation of any provision of this section. If it is determined that a modification to a site plan approval is not minor, an application for a revised site plan approval shall be filed in accordance with the requirements of the City Code, Chapter 270, Building and Site Development, Article II, Permits and Approvals, § 270-2 et seq.