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Committee continues hearings on broad zoning use‑table revisions, adopts several amendments
Summary
The Committee on Ordinances continued public hearings on changes to the zoning use table, adopted multiple amendments shifting special‑permit authority in several categories, and referred the revised package to the city solicitor for ordinance drafting and legal research.
The Committee on Ordinances of New Bedford continued a public hearing on proposed revisions to section 1,200 of the city code and the appendix table of principal use regulations on Sept. 29.
Assistant City Planner Mike McCarthy told the committee the update primarily resolves conflicts between the use table and the zoning ordinance and defers to the ordinance where differences exist. “Failing to have a valid reason to maintain the special permanent granting authority as listed in the use table, which is in conflict with the ordinance, we chose to move everything to what the ordinance called for,” McCarthy said.
Committee members pressed staff and the city solicitor on specific categories where practice has historically allowed council review. Attorney David Garatowski advised the committee that longstanding, preexisting nonconforming industrial uses may limit how far the city can lawfully prohibit certain industrial activities, and he urged the committee to treat some changes as interim adjustments pending legal review.
Over the course of the meeting the committee approved amendments that change which body grants special permits for several uses (for example, restoring planning‑board authority for wireless communication facilities and moving other items to city council review) and voted to refer the package to Attorney Garatowski to draft ordinances reflecting the committee's motions and to research outstanding legal questions.
The public hearing on these items was closed after no members of the public spoke; the committee compiled a list of amendments that will be re‑advertised for new hearings at the planning board and ordinance committee before final council action.
