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Be it ordained by the City Council of the City of Malden that the Code of the City of Malden (MCC) is hereby amended by adding Title 12, Chapter 12, Section 500 SITE PLAN REVIEW - EDUCATIONAL, RELIGIOUS, AND/OR CHILD CARE FACILITY USES
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12.12.500 SITE PLAN REVIEW - EDUCATIONAL, RELIGIOUS, AND/OR CHILD CARE FACILITY USES
A. Purpose and Intent: To set forth a site plan review process for the City to undertake in instances when:
1. the Building Commissioner determines a building permit application does not conform to the City of Malden Zoning Ordinance and;
2. the applicant asserts that those zoning requirements unreasonably restrict the use of land or structures for religious or education purposes, or for a child care facility, as prohibited by M.G.L.c. 40A ? 3. In making such determination, the Building Commissioner may consider regulations created by the Commonwealth of Massachusetts for specific purposes and facilities under M.G.L.c. 40A ? 3.
B. Applicability: Site plan review pursuant to Section 12.12.500 shall be required for any new, altered, changed or substantially expanded religious or education use or childcare facility that does not conform to all applicable requirements of the Zoning Ordinance.
C. Relationship to the Building Permit and Occupancy Certificate: The Building Commissioner shall not issue a building permit unless and until a Site Plan Review has been completed, and the site plan review decision, beyond appeal, has been forwarded to Building Commissioner by the Site Plan Review Committee (SPRC). If the decision contains specific conditions, said conditions shall become conditions for the issuance of the building permit, among others, that the Building Commissioner may require. Further, the Building Commissioner shall not issue a final occupancy certificate unless and until all site plan conditions as required by the SPRC have been implemented by the developer.
D. Materials the Building Commissioner May Require: All applica...
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