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Melrose MA Real Estate Zoning Ordinance

VIEWS: 204 PAGES: 122

Unofficial copy, zoning ordinance for Melrose, Massachusetts. This is one of various useful zoning and building tidbits on the city website. This is a city which thoughtfully provides a download of the zoning ordinance, but even has an online e-version as well. Overall, though, its best to check with the town clerk for the latest version.

More Info
									    ZONING

 Chapter 235



         City

           of

  MELROSE


      GENERAL
      [1.'lla
      PUBliSHERS

  www.generalcode.com
     72 Hinchey Road
Rochester, New York 14624
   Updated July 2010
                             CITY OF MELROSE
                    AMENDMENTS TO REVISED ORDINANCES
                      CHAPTER 24 (ZONING ORDINANCE)
                            PASSED AFTER 1972


Aldermanic Order No. 16985-C - Amending in whole the Zoning Ordinance of the City
of Melrose (November 27, 1972).

Aldermanic Order No. 17857 - Amending Table of Use and Parking Regulations Article
V, Section 5.4, by adding "S" under BB & BC as part of Item #12 (April 17, 1973).

Aldermanic Order No. 17858 - Amending Article VI, adding to Table of Dimensional
and Density Regulations a figure 5 on line beginning with letters BA for "any permitted
use" in place of the word "none" under column headed Minimum Yards, front (feet)
(April 17, 1973).

Aldermanic Order No. 17859 - Amending Article VI, Section 6.7, in reference to
accessory swimming pools requirements conforming to sections of Chapter 23 (Building
Code Ordinance) (April 17, 1973).

Aldermanic Order No. 18052 - Amending Article IV, Section 4.3, adding at end of
paragraph the words "except as hereinafter provided" (July 16, 1973).

Aldermanic Order No. 18053 - Amending Article IX, Section 9.2, on existing structure
on non-conforming lot, etc. (August 6, 1973).

Aldermanic Order No. 18467 - Amending Article VI, Section 6.2, adding "town houses"
to UR-B and UR-C to Table of Dimensional and Density Regulations (December 2,
1974).

Aldermanic Order No. 18561 - Amending Article II, Definitions, Section 2.1, "Family" to
insert ", provided dwelling is owner occupied," after word "including" and before "not
more than three lodgers or roomers taken for hire." (December 2, 1974).

Aldermanic Order No. 18562 - Amending Article II, Definitions, Section 2.1, "Special
Exception (Special Permit)" to insert "on approval and issuance of a special permit by the
Board" in place of "the approval of the Board." (December 2, 1974).

Aldermanic Order No. 18563 - Amending Article V, Table of Use and Parking
Regulations, Section 5.4, under Parking Code change "P" to "T" and Section 8.1 under
Table of Off-Street Parking Regulations, the Parking Code T and explanation (December
2, 1974).

Aldermanic Order No. 18564 - Amending Article VI, Dimensional and Density
Regulations, Section 6.8, cl. 1, on page 6-3, changes in residential uses (December 2,
1974).

                                            i
Aldermanic Order No. 18565 - Amending Article VII, Section 7.4, under 2(a.) and (d.),
changing wall sign area from 150 square feet to 100; delete paragraph (b)‚ altogether,
moving up (c.) and (d.) to be (b.) and (c.) respectively; Section 7.6, Non-conforming
Signs, removed within five years instead of ten years from November 27, 1972 adoption
date (December 2, 1974).

Aldermanic Order No. 18566 - Amending Article XI, Special Exception Conditions,
Section 11.4, Cluster Residential Development, necessary technical changes to add SR. to
statements made under (c.) and (d.) (December 2, 1974).

Aldermanic Order No. 19530 - Affecting zoning changes in Administration and
Enforcement, Special Permits and Conditions, Removal and Filling, Home Occupation,
etc. (June 6, 1977).

Aldermanic Order No. 19531 - Amending Zoning Map by re-designation of certain
zoning districts or portion thereof so as to allow Special Permits under procedures for
Design Review (June 6, 1977).

Aldermanic Order No. 19532 - Amending Zoning Map by re-designation of certain
zoning district or portion thereof so as to allow Special Permits under procedures for
Design Review (June 6, 1977).

Aldermanic Order No.19696 - Amending Zoning Map to move district line between BD
district and UR-A district on certain portion of Rowe Street, etc., etc. (December 19,
1977).

Aldermanic Order No. 19676-C - Amending Table of Use and Parking Regulations by
adding Item 18, etc., etc. (February 21, 1978).

Aldermanic Order No.19676-D - Relative to striking out Screening and Buffers, etc., etc.,
in Dimensional and Density Regulations, etc. (February 21, 1978).

Aldermanic Order No.19703 - Relative to Table of Use and Parking Regulations, etc. in
District BA and BA-1 on line 17, striking out symbol "P" and replacing with symbol "S"
(February 21, 1978).

Aldermanic Order No.20051 - Amending Zoning Map to shift two lots on Porter Street,
Nos. 33 and 39, and lot on East Emerson Street, No. 56, from BD District to UR-A
Residential (December 18, 1978).

Aldermanic Order No. 20052 - Amending Article V, Section 5.4, Table of Use and
Parking Regulations, changing parts of 14 and 14A, permitting lodging units as accessory
uses to single residences in UR-A zone by special permit only, etc., etc. (December 18,
1978).



                                             ii
Aldermanic Order No. 20053 - Amending Article VIII, Off-Street Parking and Loading
Regulations, Parking Code J, Hospital, change from 1.75 per bed at design capacity to
1.50 per bed at design capacity (December 18, 1978).

Aldermanic Order No.20211 - Amending Sections 6.7 and 6.8, Article VI, Dimensional
and Density Regulations, regarding swimming pools, awnings, and vision at intersections
(December 18, 1978).

Aldermanic Order No. 20531 - Amending Chapter 24, Zoning Map, to change district
line between UR-B and UR-D permitting development of multifamily housing in the
Coolidge School (April 7, 1980).

Aldermanic Order No.20550 - Amending Article VIII, Off-Street Parking and Loading
Regulations, Section 8.9 - Municipal Parking Lots use by structures in certain areas
without requirement of special exception (May 19, 1980).

Aldermanic Order No. 729 - Amending Zoning Map, area east of Lebanon Street, north
of Malvern Street, west of Faxon and Gooch Streets and south of Upham Street, changing
from UR-B to UR-A (July 16, 1984).

Aldermanic Order No. 730 - Amending Zoning Map, area west of Boston & Maine
Railroad, south of Brunswick Park and north of West Wyoming Avenue, changing from
UR-B to UR-A (July 16, 1984).

Aldermanic Order No. 731 - Amending Zoning Map, area consisting of three sub-areas
near corner of Franklin and Greenwood Streets, changing from UR-C to UR-A (July 16,
1984).

Aldermanic Order No. 675 - Amending Article IV, Interpretation and Application by
inserting after Section 4.4 new Section 4.5, Temporary Moratorium (July 16, 1984).

Aldermanic Order No. 515 - Amending Zoning Map, by moving district line between
UR-D and BA-1 permitting development of Community Center (November 15, 1984).

Aldermanic Order No. 957 - Amending Article IX, Nonconforming Uses, Structures and
Lots, Section 9.2 - Extension and Alteration (February 19, 1985).

Aldermanic Order No. 1472 - Amending Zoning Map, area fronting on Main Street and
West Wyoming Avenue, changing from UR-D to UR-C; areas on Waverly Place
changing from UR-D to UR-B; and areas on East Wyoming Avenue, Mt. Vernon Street
and Mt. Vernon Avenue, changing from UR-D to UR-B (December 1, 1986).

Aldermanic Order No. 1453-A - Amending Zoning Ordinance by adding Article XV -
Flood Plain Districts, to conform with requirements under Section 1361 of the National
Flood Insurance Act of 1968 (May 4, 1987).

Aldermanic Order No. 1575 - Amending Article VIII - Off Street Parking and Loading
Regulations, Section 8.1 B (Off Street Parking Requirements), amended by striking out 1
                                           iii
1/2 per dwelling unit and inserting in place thereof 2 per dwelling unit (May 4, 1987).

Aldermanic Order No. 1650 - Amending Zoning Map, area bounded by Main Street,
boundary line of Malden and Melrose, M.B.T.A. railroad tracks, and Banks Place,
changing from I, UR-C, and BC to BB-1. Amending Section 5.4 - Table of Use and
Parking Regulations under Retail Service Commercial adding new use relating to planned
business development.. Amending Section 11.11, the first paragraph, subsection 2,
subsection 5, and subsection 11 relating to planned business development (May 4, 1987).
Aldermanic Order No. 1691-A - Amending Article 6.2, Table of Dimensional and
Density Regulations under UR-A, two-family dwelling and town house delete minimum
lot area of "5,000 per dwelling unit" (July 20, 1987).

Aldermanic Order No. 1691-C - Amending Article II, DEFINITIONS, by deleting the
existing definition of town house and inserting the following in place thereof: "A row of
at least three but not more than five 1-family attached dwelling units whose side walls are
separated from other dwelling units by a fire wall or walls. Each unit in the row may be
owned by a separate owner." (July 20, 1987).

Aldermanic Order No.1692-A - Amending Article 6.2, Table of Dimensional and Density
Regulations, by deleting the word "other" from the second use listed under UR-C/UR-D,
etc. (July 20, 1987).

Aldermanic Order No. 2111 - Amending Section 8.10 (Parking & Loading Space
Standards) by striking out the words "containing over five (5) spaces." (October 16,
1989).

Aldermanic Order No. 2312 - Amending Article V (Table of Use) and Article II
(Definitions), various additions relating to Public/Private Utility Cabinets (October 16,
1989).

Aldermanic Order No.1735 - Amending Article II, DEFINITIONS, after the definition
for Floor Area Ratio and before the definition for Garage add definition for Frontage. In
Section 6.8.10 after the words: Table of Dimensional and Density Regulations insert a
period and delete ", except ...... requirement." In Section 6.2, Table of Dimensional and
Density Regulations, add the words "frontage and" between min. and lot width in the
heading (December 7, 1989).

Aldermanic Order No. 1573 - Amending Article V, Section 5.4, Table of Use & Parking
Regulations, by inserting #1 "One-family detached dwelling: One-family with in-law
apartment with permitted uses set forth on Usage Table be amended under SR, SR-A,
SR-B from P to S - Permit required (December 7, 1989).

Aldermanic Order No. 1574 - Amending Section 2.1, DEFINITIONS, by inserting
definition for In-Law Apartment and amending Article V, Section 5.4, Table of Use and
Parking Regulations by adding a new line 1A. after line 1. for "One-family with in-law
apartment (see definition of in-law apartment)." (December 21, 1989).



                                            iv
Aldermanic Order No. 90-209 - Amending Article II, DEFINITIONS, by deleting the
definition of Frontage as most recently amended and replacing same with new definition
(August 20, 1990).

Aldermanic Order No. 90-211 - Amending Article VIII, Section 8.9 - Municipal Parking
Lots, by addition of new paragraph (August 20, 1990).

Aldermanic Order No. 91-99 - Amending Article V, Section 5.4, Table of Use and
Parking Regulations, RETAIL, SERVICE, COMMERCIAL, under item #12, strike out
the "S" pertaining to UR-C, UR-D, and replace with designation (-) so that item #12 shall
not be permitted in the UR-C, UR-D Districts (March 18, 1991).
Aldermanic Order No. 93-112A - Amending Article VIII, Section 8.9, Municipal Parking
Lots, by deletion of third paragraph (January 4, 1993).

Aldermanic Order No. 94-368 - Amending Article VII, Signs, Section 7.2, by permitting
temporary political signs with certain restrictions (October 17, 1994).

Aldermanic Order No. 95-189 - Amending Article II, Definitions; Article V, Use
Regulations; Article VI, Dimensional and Density Regulations; Article VII, Signs;
Article VIII, Off-Street Parking and Loading Regulations; Article XI, Non-Conforming
Uses, Structures, and Lots; Article X, Administration and Enforcement; Article XII,
Removal and Filling; Article XIII, Home Occupation; and Amending Zoning Map in the
W. Emerson Street/Cedar Park area and the Altamont Avenue/Cedarwood Lane area.
(May 1, 1995)

Aldermanic Order No. 95-189A - Amending Article VIII, Off-Street Parking and
Loading Regulations, Section 8.1, changing Parking Code J from 1.5 per bed at design
standard to one per each 600 sq. ft. of gross floor area. (May 1, 1995)

Aldermanic Order No. 97-38 - Amending Article II, Definitions, Article V, Use
Regulations, Article XI Special Permits and Conditions, and Article VIII, Off-Street
Parking and Loading Regulations, to provide definitions, principal use locations,
restrictions, and parking requirements for adult uses. (December 16, 1996)

Aldermanic Order No. 99-021 – Amending Article II, Definitions, Article V, Use
Regulations, and Article XI, Special Permits and Conditions; Adding Article XVI,
Wireless Communications Service Facilities, to provide definitions, principal use
locations, and restrictions for Wireless Communications Service Facilities (January 4,
1999).

Aldermanic Order No. 02-066C – Amending Article XI, Section 11.2.7 Certification and
recording of Special Permit or Variance to add paragraph and Article X, Section 10.9.3.d
Board of Appeals Procedures to add paragraph (February 19, 2002).

Aldermanic Order No. 04-184A – Amending Chapter 235 Article XI, Section 235.61B(5)
Special permits under the Affordable Housing Incentive Program prescribed in Section
235-73.1 and add new section, “Section 235-73.1 Affordable Housing Incentive
Program” (August 9, 2004).
                                            v
Aldermanic Order No. 05-003 – Amending Chapter 235, Section 16 Add new section,
Chapter 235, Section 16.1 Site Plan Review (December 13, 2004).

Aldermanic Order No. 05-171 – Amending Chapter 235, Section 16.1, Subsection J by
adding the first sentence in Subsection J, “Said administrative fee to be $500.00 for each
Site Plan Review Application plus $.10 per square foot of new gross floor area for every
development proposal with a new gross floor area of 5,000 square feet or more”. (March
21, 2005).

Aldermanic Order No. 06-050 – Amending Chapter 235, Article VII, Signs, Section 235-
29 B (1) by replacing the current Section 235-29B (1) with the following language, “One
wall sign for each lot street frontage of each establishment, provided that it shall be
attached and parallel to the main wall of the building, it shall not project horizontally
more than 15 inches therefrom, the surface area of the sign shall not aggregate more than
10% of the area of the wall on which it is displayed or 100 square feet, whichever is the
lesser, and, if illuminated, it shall be illuminated externally by steady, stationary, white
light, of reasonable intensity, shielded and directed solely at the sign, not casting direct or
reflected light off the premises and not used other than for identifying the establishment.”
(December 5, 2005).

Aldermanic Order No. 06-017 – Amending Chapter 235, Article XI, Special Permits and
Conditions, Section 235.61B. by adding: subsection “(6) Special permits under Slope
Protection prescribed in Section 235-73.2 of this ordinance” and further adding “Section
235-73.2 Slope Protection” (December 19, 2005).

Aldermanic Order No. 07-027 – Amending the zoning area from UR-B district to UR-A
district for properties east of Boston Rock to include properties having frontage on East
Wyoming Ave and Wyoming Heights (February 20, 2007).

Aldermanic Order No. 07-027 – Amending the zoning area from UR-B district to UR-A
district for properties east of Chestnut Street including Chestnut Park but not including
properties with frontage on Lynde Street or Mystic Ave (March 19, 2007).

Aldermanic Order No. 07-132 – Amending zoning ordinances by amending, Article II
Section 235-5 Definitions (Adding new definitions for Building Front Yard and
Impervious Surfaces and amending the definition of Open Space), Article VII Section
235-38. Location of Parking Spaces, Article VIII Section 235-41. Parking and Loading
Space Standards. (August 23, 2007).

Aldermanic Order No. 07-044A – Amending zoning ordinances regulating Home
Occupations by amending, Article II Section 235-5 Definitions (Home Occupation),
Article V Section 235-17. Table of Use and Parking Regulations, Article VIII Section
235-42. Parking of Commercial Vehicles, Article XIII Section 235-77. Home Occupation
– Conditions. (May 7, 2007).




                                              vi
Aldermanic Order No. 08-128 – Amending the zoning ordinances by adding Section 235-
71.1 Smart Growth District and further amending, Article III Establishment of Districts,
Section 235-6 Divisions into districts; Section 235-8 Changes to Map; Section 235-17.
Table of Use and Parking Regulations. (April 7, 2008).

Aldermanic Order No. 08-128A – Amending the zoning ordinances by amending Section
235-16.1 Site Plan Review. (April 7, 2008).


Aldermanic Order No. 06-244 – Amending the zoning ordinances by amending Section
235-73.2 Slope Protection. Subsection-G, rescind fees, no longer part of zoning
ordinance. (May l9, 2008).

Aldermanic Order No. 05-171-A – Amending the zoning ordinances by amending
Section 235-16.1. Subsection-J, rescind fees, no longer part of zoning ordinance (May
l9, 2008).

Aldermanic Order No. 09-060 – Amending the zoning ordinances by amending Article II
Section 235-5. Definitions, insert Retail Food Establishment (February 19, 2009).

Aldermanic Order No. 09-061 – Amending the zoning ordinances by amending Article V
Section 235-15. Permitted Uses and 235-17, Table of Use and Parking Regulations,
insert new category for Retail Food Establishment under the Heading Retail Commercial
Services (February 19, 2009).

Aldermanic Order No. 10-125 – Amending the zoning ordinances by amending Section
235-16.1. Subsection-G, Review schedule, for new renewable and alternative energy
research in the Industrial District , the decision of the SCRC shall be made within one
year from the date of filing the site plan review with the City Clerk (May 3, 2010).

Aldermanic Order No. 10-128 – Amending the zoning ordinances by amending Article
XV Flood Plain District, Section 235-81. Establishment, Section 235-81.1. Reference to
Existing Regulations, Section 235-82. Development Regulations, Section 235-82.1.
Notification of Watercourse Alteration, Section 235-83. Subdivisions and New
Development, Section 235-84. Health Regulations, for the map panels dated June 4, 2010
(May 19, 2010).




                                           vii
                                          ZONING


                  Chapter 235                     § 235-15.     Permitted uses.
                                                  § 235-16.     Uses subject to other
                    ZONING                                      regulations.
                                                  § 235-16.1.   Site plan review.
                 ARTICLE I                        § 235-17.     Table of Use and Parking
       Title, Authority and Purpose                             Regulations.

§ 235-1.       Title.
                                                                  ARTICLE VI
§ 235-2.       Authority.
                                                      Dimensional and Density Regulations
§ 235-3.       Purpose.
                                                  § 235-18.     Applicability.
                                                  § 235-19.     Table of Dimensional and
              ARTICLE II
                                                                Density Regulations.
       Word Usage and Definitions
                                                  § 235-20.     Reduction oflot area.
§ 235-4.       Word usage.
                                                  § 235-21.     Separation oflots.
§ 235-5.       Definitions.
                                                  § 235-22.     Screening and buffers in
                                                                industrial or business
                                                                districts.
                  ARTICLE III
           Establishment of Districts             § 235-23.     Buildings in floodway.
                                                  § 235-24.     Accessory buildings and
§ 235-6.       Division into districts.
                                                                other structures.
§ 235-7.       Zoning Map.
                                                  § 235-25.     Additional dimensional and
§ 235-8.       Changes to map.                                  denSity provisions.
§ 235-9.       Boundaries of districts.
                                                                  ARTICLE VII
                                                                    Signs
              ARTICLE IV
     Interpretation and Application
                                                  § 235-26.     Compliance with Building
                                                                Code required.
§ 235-10.      Interpretation.
                                                  § 235-21.     General regulations.
§235-11.       Application.
                                                  § 235-28.     Signs permitted in any
§ 235-12.      Existing buildings and land.
                                                                residential district.
§ 235-13.      Mixed uses.
                                                  § 235-29.     Signs permitted in any
                                                                business district.
                 ARTICLE V                        § 235-30.     Signs Permitted in the
               Use Regulations                                  Industrial District.
                                                  § 235-31.     Nonconforming signs.
§ 235-14.      Applicability.



                                              23501                                  01-25 - 2005
                                      MELROSE CODE


              ARTICLE VIII                                        ARTICLE X
     Off-Street Parking and Loading                     Administration and Enforcement

§ 235-32.     Off-street parking                    § 235-52.   Administrative officer.
              requirements.
                                                    § 235-53.   Building permit required;
§ 235-33.     Off-street loading                                application procedure.
              requirements.
                                                    § 235-54.   Previously approved
§ 235-34.     Existing spaces.                                  permits.
§ 235-35.     Computation of spaces.                § 235·55.   Certificate of occupancy
                                                                required.
§ 235-36.     Combined facilities.
                                                § 235-56.       (Reserved)
§ 235-37.     Continuance.
                                                § 235-57.       Permit time limits.
§ 235-38.     Location of parking spaces.
                                                § 235-58.       Notice of violation and
§ 235-39.    Location of loading spaces.
                                                                order.
§ 235-40.    Municipal parking lots.
                                                § 235-59.       Violations and penalties.
§ 235-4l.    Parking and loading space
                                                § 235-60.       Board of Appeals.
             standards.
§ 235-42.    Parking of commercial
             vehicles.                                             ARTICLE Xl
                                                         Special Permits and Conditions

                ARTICLE IX                      § 235-61.       Special permit granting
            Nonconforming Uses,                                 authorities.
            Structures and Lots
                                                § 235-62.       Special permit procedure.
§ 235-43.    Applicability.                     § 235-63.       Findings by special permit
                                                                granting authority;
§ 235-44.    Extension and alteration.
                                                                conditions.
§ 235-45.    Residential lot of record.
                                                § 235·64.       Variances.
§ 235-46.    Reduction or increase.
                                                § 235·65.       Multifamily residential use
§ 235-47.    Change of use or lot.                              in nonresidentially zoned
                                                                areas authorized by
§ 235-48.    Restoration.
                                                                Planning Board.
§ 235-49.    Abandonment.
                                                § 235-66.       Design review permits
§ 235-50.    Moving nonconforming                               authorized by Planning
             structures.                                        Board.
§ 235-51.    Unsafe structures.                 § 235-67.       Cluster residential
                                                                development.
                                                § 235·68.       Planned unit development
                                                                in the SR-A District.



                                            23502                                   01 - 25 - 2005
§ 235-1                                     ZONING                                        § 235-1


§ 235·69.      Planned unit development          § 235·80.     When effective.
               in the DR·B, UR·C and DR·D
               Districts.
                                                                  ARTICLE XV
§ 235·70.      Planned unit development
                                                               Floodplain District
               in the BA, BA-I, BB, BB-I,
               BC and BD Districts.
                                                 § 235·81.      Establishment.
§ 235·71.      Planned business
                                                 § 235-81.1.    Reference to existing
               development.
                                                                regulations.
§ 235·71.1.    Smart Growth District.
                                                 § 235-82.      Development regulations.
§ 235·72.      Adult uses.
                                                 § 235·82.1.    Notification of watercourse
§ 235·73.      Wireless communications                          alteration.
               service facilities.
                                                 § 235-83.      Subdivisions and new
§ 235·73.1.    Affordable housing                               development.
               incentive program.
                                                 § 235-84.      Health regulations.
§ 235·73.2.    Slope protection.
                                                 § 235-85.     Authority.

                 ARTICLE XII
                                                               ARTICLE XVI
              Removal and Filling
                                                         Wireless Communications
                                                            Service Facilities
§ 235·74.      Removal of sand, gravel,
               quarry or other earth
                                                 § 235-86.      Purpose.
               materials.
                                                 § 235-87.      Existing facilities;
§ 235·75.      Filling of water bodies or
                                                                discontinuance;
               wet areas.
                                                                applicability.
§ 235·76.      Filling of any lot.
                                                               Table of Use and Parking
                                                               Regulations
                 ARTICLE XIII                                  Table of Dimensional and
               Home Occupation                                 Density Regulations

§ 235-77.      Conditions.
                                                                 ARTICLE I
                                                       Title, Authority and Purpose
               ARTICLE XIV
          Amendments, Severability               § 235-1. Title.
            and When Effective
                                                    This chapter shall be known and may be
                                                 cited as the "Zoning Ordinance of the City of
§ 235·78.      Amendments.
                                                 Melrose, Massachusetts," hereinafter referred
§ 235·79.      Severability.                     to as "this chapter."
                                                 (Ord. No. 16985C, 11-27-1972)




                                             23503                                     07-01-2010
§ 235-2                                 MELROSE CODE                                         § 235-5


§ 235-2. Authority.                                                  ARTICLE II
                                                              Word Usage and Definitions
  This chapter is adopted pursuant to the
authority granted by MGL c. 40A and
                                                      § 235-4. Word usage.
amendments thereto, herein called the
"Zoning Act." Where the Zoning Act is                     A. For the purpose of this chapter and
amended from time to time after the effective                unless the context of usage clearly
date of this chapter and where such                          indicates another meaning, certain
amendments         are   mandatory,       such               terms and words sball have the
amendments shall supersede any regulations                   meaning given herein. Words used in
of this chapter which have been set forth on                 the present tense include the future;
the basis of the Zoning Act in existence at the              the singular number includes the
effective date ofthis chapter.                               plural, and the plural the singular; the
                                                             word "used" or "occupied" includes the
(Ord. No. 16985C, 11-27-1972)
                                                             words "designed, arranged, intended
                                                             or offered to be used or occupied"; the
                                                             word "building," "structure," "lot,"
§ 235-3. Purpose.
                                                             "land" or "premises" shall be construed
   This chapter is enacted for the following                 as though followed by the words "or
purposes: to lessen congestion in the streets;               any portion thereof'; and the word
to conserve health; to secure safety from fires,             "shall" is always mandatory and not
panic and other dangers; to provide adequate                 merely directory.
light and air; to prevent the overcrowding of
                                                          B. Terms and words not defined herein
land; to avoid undue concentration of
                                                             but defined in the Melrose Building
popnlation and to facilitate the adequate
                                                             Code shall have meanings given
provision of transportation, water, sewerage,
                                                             therein unless a contrary intention
schools, parks and other public requirements;
                                                             clearly appears. Words not defined in
to conserve the value of land and buildings; to
                                                             either place shall have the meaning
encourage the most appropriate use of land
                                                             given    in   Webster's    Unabridged
throughout the City; and to preserve and
                                                             Dictionary. Uses listed in the Table of
increase its amenities and to encourage an
                                                             Use Regulations under the classes
orderly expansion of the tax base by
                                                             "retail and service trades" and
utilization, development and redevelopment
                                                             "wholesale trade and manufacturing"
of land. It is made with reasonable
                                                             shall be further defined by the
consideration to the character of the district
                                                             Standard Industri.al Classification
and to its peculiar suitability for particular
                                                             Manual published by the United
uses, with a view to giving direction or effect
                                                             States Bureau oHhe Census.
to land development policies and proposals of
the Planning Board, including the making of           (Ord. No. 16985C, 11-27-1972)
Melrose a more viable and more pleasing
place to live, work and play.
                                                      § 235-5. Definitions.
(Ord. No. 16985C, 11-27-1972)
                                                        As used in this chapter, the following terms
                                                      shall have the meanings indicated:




                                                  23504                                  07 - 01- 2010
§ 235-5                                   ZONING                                      § 235-5


      ABANDONMENT:                                   ADMINISTRATIVE OFFICER - The
                                                     Building Commissioner, City of
      A.   The cessation of a nonconforming
                                                     Melrose, Massachusetts.
           use as indicated by the visible or
           otherwise apparent intention of           ADULT BOOKSTORE - An estab-
           an owner to discontinue a                 lishment having as a substantial or
           nonconforming use of a structure          significant portion of its stock-in-trade
           or lot; or                                books, magazines and other matter
                                                     which      are    distinguished        or
      B.   The     replacement        of   a
                                                     characterized by their emphasis
           nonconforming use or structure by
           a conforming use or structure.                             (Cont'd on page 23505)




                                           23504.1                               07 -01-2010
§ 235-5                                     ZONING                                     § 235-5


      depicting, describing or relating to           television, slides or any other such
      sexual conduct or sexual excitement as         visual media) distinguished by an
      defined in MGL c. 272, § 31, as                emphasis     on    matter  depicting,
      anlended.    For     purposes  herein,         describing or relating to sexual
      "substantial or significant portion of         conduct or sexual excitenlGnt as
      stock" shall mean more than 25(:1) of          defined 111 MGL c. 272, § 31, as
      the subject establishment's inventory          mncnded.
      stock or more than 25% of the subject
                                                     ADULT PARAPHERNALIA STORE ~
      premises' gross floor area.
                                                     An establishment having as a
      ADULT CLUB ~ A club, restaurant,               suhstantial or significant portion of its
      function hall or similar private or            stock devices, oQjects, tools or toys
      commercial     establishment  which            which      are    distinguished        or
      regularly features:                            characterized by their association with
                                                     sexual activity, including sexual
      A.   Persons who appear in a state of
                                                     intercourse, sexual conduct or sexual
           nudity as defined in MGL c. 272,
                                                     excitement as defined in MGL c. 272,
           § 31, as amended;
                                                     § 31, as amended.
      B.   Live performances which are
                                                     ADULT USE ~ An adult bookstore,
           characterized by an emphasis
                                                     adult club, adult motion picture
           depicting     anatomical     areas,
                                                     theater, adult paraphernalia store or
           specified as less than completely
                                                     adult video store as defined in this
           and opaquely covered human
                                                     chapter.
           genitals, pubic region, buttock and
           female breast below a point               ADULT VIDEO STORE ~ An estab-
           immediately above the top of the          lishment having as a substantial or
           areola, and human genitals in a           significant portion of its stock-in-trade,
           state of sexual arousal or relating       for sale or rent, motion picture films,
           to sexual conduct or sexual               video     cassettes       and     similar
           excitement as defined in MGL c.           audio/visual     Inedia      which     are
           272, § 31, as amended; or                 distinguished or characterized by their
                                                     emphasis depicting~ describing or
      C.   Films, motion pictures, video
                                                     relating to sexual conduct or sexuaJ
           cassettes,     slides  or    other
                                                     excitement as defined in MGL c. 272,
           photographi c,      magnetic    or
                                                     § 31, as amended. For purposes herein,
           electronic reproductions which are
                                                     "substantial or significant portion of
           characterized by the depiction or
                                                     stock" shall mean more than 25% of
           description of anatomical areas
                                                     the subject establishment's inventory
           specified as above or relating to
                                                     stock or more than 25% of the subject
           sexual     cond uct   or   sexu al
                                                     premises' gross floor area.
           excitement as defined in MGL c.
           272, § 31, as amended.                    ALTERATION ~ Any construction,
                                                     reconstruction or other si111ilar action
      ADULT       MOTION        PICTURE
                                                     resulting in a change in the structural
      THEATER ~ An enclosed building
                                                     parts, height, number of stories~ exits,
      used for presenting material (motion
                                                     size, use or location of a building or
      picture films, video cassettes, cable
                                                     other structure.




                                             23505                                09-15-2007
§ 235-5                                   MELROSE CODE                                  § 235-5


      ANTENNA - A device for directly                    chimneys, unenclosed porches,       bay
      transmitting          or    receivIng              windows, balconies and terraces.
      eleetl'onlagnetic transmissions.
                                                         BUILDING, ATTACHED - A building
      APARTMENT HOUSE - A building                       having any portion of one or more
      designed or intended or used as the                walls in common with adjoining
      home or residence of three or more                 buildings.
      families, each in a separate dwelling
                                                         BUILDING         COVERAGE-        The
      unit, living independently of each
                                                         building area expressed as a percent of
      other, and who may have a common
                                                         the total lot area.
      right in halls and stairways.
                                                         BUILDING,      DETACHED -      A
      BASEMENT -         A portion of a
                                                         building having open space on all
      building, partly below grade, which
                                                         sides.
      has more than 1/2 of its height,
      measured from finished floor to                    BUILDING FRONT YARD -              The
      finished ceiling, above the average                area of the front yard between the
      finished grade of the ground adjoining             front lot line and the principal
      the building. A basement is not                    building bound by lines extending
      considered a story unless its ceiling is           from each front corner of the principal
      f()uI' feet or more above the averaged             building perpendicular to the street.
      finished grade.                                    No more than 20% of the building
                                                         front yard on residential properties
      BOARD _.- The Board of Appeals of
                                                         with three or fewer dwelling units
      the City of Melrose, Massachusetts.
                                                         shall be covered with an impervious
      BUILDING        A combination of any               surface.
      materials, whether portable or fixed,
                                                         BUILDING,       HISTORICAL -     A
      having a roof, enclosed within the
                                                         building certified or qualified for
      exterior walls or fire walls, buiit to
                                                         certification by t.he Massachusetts
      form a structure for the shelter of
                                                         Historical Commission in accordance
      persons, animals or property. For
                                                         with its published standards as an
      purposes of this definition, "roof' shall
                                                         historical landmark.
      include an awning or any similar
      covering, whether or not permanent in              BUILDING, NONCONFOHMING--
      nature.                                            An existing building or structure or
                                                         the existing use of any building or
          BUILDING,        ACCESSORY -        A
                                                         structure at the time of adoption of
          detached building, the use of which is
                                                         this chapter, or any subsequent
          customarily         incidental    and
                                                         amendment thereto, which does not
          subordinate to that of the principal
                                                         conform to one or more of the
          building, and which is located on the
                                                         applicable dimensional and density
          same lot as that occupied by the
                                                         regulations for the district in which
          principal building.
                                                         the building is located.
          BUILDING AREA - The aggregate of
                                                         BUILDING, PRINCIPAL - A building
          the    maXImum       horizontal   cross-
                                                         in which is conducted the principal use
          sectional area of all buildings on a lot
                                                         of t.he lot on which it is located.
          exclusive of cornices, eaves, gutters,




                                                 23506                              09 - 15 - 2007
§ 235-5                                      ZONING


      CELLAR - A portion of a building,                DRIVE-IN ESTABLISHMENT -             A
      partly or entirely below grade, which            business     establishment    wherein
      has more than liz of its height,                 patrons are usually served while
      measured from finished floor to                  seated in parked vehicles in the same
      finished ceiling, below the average              lot. The term "drive-in" includes
      finished grade of the ground adjoining           drive-in eating establishments where
      the building. A cellar is not deemed a           food is purchased from a building on
      story.                                           the lot but is consumed in the vehicle;
                                                       drive-in service establishments SUell
      CERTIFICATE OF OCCUPANCY - A
                                                       as banks, cleaners and the like; and
      statement signed by the Building
                                                       automotive service stations, gasoline
      Commissioner setting forth either that
                                                       stations or the like.
      a building or structure complies with
      the zoning ordinance or that a                   DRIVEWAY - An open space, located
      building, structure or parcel of land            on a lot, which is not more than 24 feet
      may lawfully be employed for a                   in width, built for access to a garage or
      specified usc, or both.                          off'street parking or loading space.
      COMMON LAND -            A parcel or             DWELLING -- A privately or publicly
      parcels of open space within the site            owned permanent structure, whether
      designated fClr a cluster or planned             owned by one or more persons or in
      unit development maintained and                  condominium, which is occupied in
      preserved for open uses and designed             whole or in part as the home residence
      and intended for the usc or enjoyment            or sleeping place of ODe or more
      of residents of these developments, but          persons. The term "one-family," "two-
      not including parking areas or ways,             family" or "multifamily" dwelling shall
      public or private. Common land may               not include a hotel, lodging house,
      contain      such      complementary             hospital, membership club, mobile
      structures and improvements as are               home or dormitory.
      necessary and appropriate for the
                                                       DWELLING, MULTIFAMILY -          A
      benefit and enjoyment of such
                                                       building containing three or more
      residents.
                                                       dwelling units and including an
          COMMUNICATIONS TOWER -               A       apartment house, garden apartment
          tower that is freestanding or anchored       house and multifamily dwellings.
          with cables, used to support an
                                                       DWELLING UNIT-- On8 or more
          antenna or other voice or data
                                                       living and sleeping rooms providing
          transmission and receiving devices.
                                                       complete living facilities for the use of
          DISTRICT -    A zoning district as           one or more individuals constituting a
          established by Article III of thi s          single    housekeeping      unit,   with
          chapter.                                     permanent prOVlSlOns for living,
                                                       sleeping,    eating,     cooking     and
          DRIVE-IN      EATING   ESTABLISH-
                                                       sanitation.
          MENT - A commercial establishment
          wherein food is usually served to or         ESSENTIAL SERVICES -          Services
          consumed by patrons while they are           provided    by   public   utility   or
          seated in parked cars.                       governmental     agencies     through
                                                       erection, construction, alteration or




                                               23507                                09 -15 - 2007
~   235-5                                  MELROSE CODE                                     § 235-5


        maintenance of gas, electrical, steam             FLOODWAY - The area subject to
        or water transmission or distribution             periodic flooding, the limits of which
        systems         and       collection,             are determined by the fiood line.
        communication, supply or disposal
                                                          FLOOR AREA, GROSS - The sum of
        systems, whether underground or
                                                          the gross horizontal area of the several
        overhead. Facilities necessary for the
                                                          floors, including basements, of a
        provision of essential services include
                                                          principal building and its accessory
        poles, wires, drains, sewers, pipes,
                                                          buildings on the same lot, measured
        conduits, cables, fire alarm boxes,
                                                          from the exterior faces of the walls. It
        police call boxes, traffic signals,
                                                          does not include cellars; unenclosed
        hydrants and other similar equipment
                                                          porches or attics not used for human
        and     accessories    In    connection
                                                          occupancy; malls within a shopping
        therewith. Specifically excluded from
                                                          center utilized purely for pedestrian
        this definition are buildings necessary
                                                          circulation and/or decorative purposes
        for the furnishing of adequate service
                                                          between individual shops of the center;
        by such public utility or governmental
                                                          any floor space in an accessory or
        agencies f(lr the public health, safety
                                                          principal   building intended       and
        or general welfare.
                                                          designed for the parking of motor
        FAMILY - An individual or two or                  vehicles in order to meet the parking
        more persons related by blood or                  requirements of this chapter; or any
        marriage living together as a single              such floor space intended or designed
        housekeeping unit and including                   for accessory heating, ventilating and
        necessary domestic help, such as                  air-conditioning equipment.
        nurses or servants, and further
                                                          FLOOR AREA RATIO - The ratio of
        including, provided that the dwelling
                                                          tbe gross floor area to the total lot
        is owner-occupied, not more than three
                                                          area.
        lodgers or roomers taken for hire. A
        group    of    individuals    (including          FRONTAGE -           The    length      of
        necessary dOInestic help, such as                 continuous lineal footage of a lot as
        nurses or servants, but excluding                 measured between the intersection of
        lodgers or roomers taken ft)r hire) not           the side lot lines along a street. In the
        rdated by blood or marriage but living            case of a corner lot, frontage shaH be
        together as a single housekeeping unit            measured from the side lot line along
        may constitute a family. For purposes             the street to the intersection of street
        of controlling residential density, each          lines or street lines extended. A circle,
        such group of four individuals shall              the diameter of which is not less than
        constitute a single family.                       80(K) of the required minimum lot
                                                          frontage and is tangent to the street
            FLOOD LINE - The limits of flooding
                                                          lot line at any point, must be able to fit
            from a particular body of water caused
                                                          within all other lot lines. The acute
            by a storm whose frequency of
                                                          angle measured between the frontage
            occurrence is once in 25 years, as
                                                          and any side lot line shall not be less
            determined and certified by a
                                                          than 55°.
            registered     professional   engineer
            qualified in drainage.                        GARAGE - A building or structure or
                                                          a portion thereof in which a motor
                                                          vehicle containing a flammable fluid in



                                                 23508                                 09 - 15 - 2007
§ 235-5                                    ZONING                                      § 235-5


      its fuel storage tank or other                 thereto for the diaf.,J11osis, medical,
      propellant is stored, housed and kept.         surgical or restorative treatment or
      This does not. include a new car               other care of hUlnan ailments,
      salesroom.                                     including a sanitarium and clinic.
      GARAGE, CARPORT -         A roofed             HOSPITAL,       VETERINARY -        A
      structure attached to a residence,             building providing for the diagnosis
      enclosed on not more than two sides,           and treabnent of aillnents of animals
      designed to house one, two or three            other than human, including facilities
      motor vehicles.                                for overnight care.
      GARAGE, COMMUNITY - A group                    HOTEL - A building or any part of a
      of private garages, either detached or         building containing rooming units
      under one roof, arranged in a row or           without individual cooking facilities
      around a common means of access.               and having a common entrance or
                                                     entranccs and including an inn, motel,
      GARAGE, PRIVATE -- A garage for
                                                     motor inn and tourist court, but not
      housing motor vehicles only, with a
                                                     including a boardinghousc, lodging
      capacity of not more than three
                                                     house or rooming house.
      vehicles.
                                                     IMPERVIOUS           SURFACES-          A
      GARAGE, PUBLIC - Any garage not
                                                     surface composed of any material that
      included in the definition of a private
                                                     significantly impedes or prevents
      garage or a community garage.
                                                     natural infiltration of water into the
      HEIGHT - The vertical distance from            soil. [A surface with an overall
      the average finished grade of the              permeability coefficient which is less
      adjacent ground to the top of the              than 10- 4 centimeters per second
      structure of the highest roof beams of         (cm/sec) IS considered significant. I
      a flat roof, the deck of a mansard roof        Impervious surfaces include, but are
      or the mean level of the highest gable         not liInited to, roofs, paved areas (e.g.,
      or slope of a hip roof.                        streets, sports courts) and swimming
                                                     pools.
      HOME OCCUPATION - An accessory
      use which is carried on entirely within        IN-LAW APARTMENT - A dwelling
      a dwelling unit and is incidental and          unit either contained within an
      subordinate to the dwelling use and            owner-occupied one-family structure
      which shall not occupy more than 40%           (such as, but not limited to, a cellar or
      of the gross floor area or 600 square          attic) or attached thereto (such as, but
      feet, whichever is less, of the dwelling       not limited to, a garage or barn) which
      unit so used. Such use shall be carried        constitutes separate living facilities for
      on by the occupants of the dwelling            immediate members of tbe family,
      unit, with no nonresident employees,           such as a mother andlor father or a
      and shall not in any manner change             son and/or daughter or their respective
      the residential appearance of the              spouses. See "dwelling unit" as defined
      building or the property.                      in this section.
      HOSPITAL - A building providing,               A.   An accessory in-law apartment is
      among      others,    twenty-four-hour              a separate, subordinate living
      inpatient services for persons admitted             area constructed as part of an




                                             23509                                09-15-2007
§ 235-5                                    MELROSE CODE                                       § 235-5


               existing   owner-occupied   single-           LINE,     BUILDING -        The    line
               family structure and built in a               establisbed by this chapter beyond
               manner which maintains the                    which a building shall not cxtend~
               appearance of a single-family                 except as specifically provided in this
               structure.                                    chapter.
      R        There shall be no boarders or                 LOADING SPACE -           An off-street
               lodgers within either unit of a               space at least 12 feet in width, 50 feet
               dwelling with an accessory in -law            in length and with a vertical clearance
               apartment.                                    of at least 14 feet, having an area of
                                                             not less than 1,300 square feet, which
      C.       No accessory in-law apartment
                                                             includes access and maneuverIng
               shall be constructed without a
                                                             space, used exclusively for loading and
               building permit issued by the
                                                             unloading of goods and materials from
               Building Inspector.
                                                             one vehicle. The dimensions of the
          D.   No use as an accessory in-law                 loading space may be reduced by the
               apartment shan be permitted                   Building Commissioner to not less
               prior to a certificate of occupancy           than 300 square feet, which includes
               by the Building Inspector.                    access and maneuvering space, when
                                                             it is clearly evident that service
          E.   A certificate of occupancy shall be
                                                             vehicles utilizing said space vvil1 not
               issued for three years. Continued
                                                             require the area listed above.
               occupancy shall require issuance
               of a new certificate of occupancy.            LODGING HOUSE -            A building
                                                             containing four or more lodging units.
          F.   The dwelling unit shan be located
               within tbe single-family dwelling             LODGING UNIT -          One or more
               as it existed on January 1, 1990.             rOOlllS for the semipermanent use of
                                                             one, two or three individuals not living
          G.   The dwelling unit shall occupy no
                                                             as a single housekeeping unit and not
               more than 1/3 of the gross floor
                                                             having cooking facilities. "Lodging
               area as of January 1, 1990.
                                                             unit"     shall  include    rooms     In
      JUNK - Any worn out, castoff or                        boardinghouses,      lodging    houses,
      discarded articles or material which is                tourist homes or rooming houses. It
      ready for destruction or has been                      shall not include convalescent, nursing
      collected or stored for salvage or                     or    rest    homes;   dormitories     of
      conversion to some use. Any article or                 charitable,        educational        or
      material     which     unaltered     or                philanthropic       institutions;     or
      unchanged     and     without   further                apartments or hotels.
      reconditioning can be used for its
                                                             LOT - An area or parcel of land or
      original purpose as readily as when
                                                             any part thereof, not including water
      new shall not be considered junk.
                                                             area,    In    common      ownership,
      JUNKYARD - The use of more than                        designated on a plan filed with the
      200 square feet of the area of any lot,                Building Commissioner by its owner or
      wbether inside or outside a building,                  owners as a separate lot and having
      or the usc of any portion of any lot that              boundaries identical     with tbose
      joins any street for the storage~                      recorded in the Middlesex County
      keeping or abandonment of junk.                        Registry of Deeds.



                                                     23510                               09 - 15 - 2007
§ 235-5                                       ZONING                                    § 235-5


      LOT, CORNER - A lot at the point of              by members and their guests and is
      intersection of and abutting on two or           not conducted as a gainful business.
      more intersecting streets, the interior          MONOPOLE - The type of mount
      angle of intersection of the street lot          that is self-supporting with a single
      lines   OT,   in case of a curved street,        shaft of wood, steel and/or concrete
      extended lot lines, being not more than          and a platform (or racks) for panel
      135°. For purpose of this chapter, each          antennas arrayed at the top.
      street frontage shall be considered a
      front yard and the remaining two                 OPEN SPACE - The space on a lot
      yards shall be considered rear yards.            not covered by buildings, structures, or
                                                       impervious surfaces, unobstructed to
      LOT DEPTH - The mean horizontal                  the sky by man-made objects and
      distance between the front lot line and          expressed as a percentage of total lot
      the rear lot line.                               area.
      LOT, INTERIOR - A lot, excluding a               OWNER - The duly authorized agent,
      corner lot, the side lot lines of which do       attorney, purchaser, devisee, trustee,
      not abut on a street.                            lessee or any person having vested or
      LOT LINE, FRONT - The property                   equitable interest in the use, structure
      line dividing a lot from a street right-         or lot in question.
      of-way.                                          PARKING SPACE -          An off-street
      LOT LINE, REAR - Tbe lot line                    space inside or outside a structure for
      opposite from the front lot line.                exclusive use as a parking stall for one
                                                       motor vehicle.
      LOT LINE, SIDE - Any lot line not a
      front or rear lot line.                          PLANNED DEVELOPMENT -              A
                                                       development        involving     the
      LOT, NONCONFORMING - A lot                       construction of two or more principal
      lawfully existing at the effective date          buildings on the same lot for any
      of this chapter, or any subsequent               permitted use.
      amendment thereto, which is not in
      accordance with all provisions of this           REPAIR -    With respect to a building
      chapter.                                         or structure, any construction which
                                                       replaces materials and does not
      LOT, THROUGH - A lot, the front                  change the height, number of stories,
      and rear lot lines of wbich abut                 size, use or location of a structure.
      streets, or a comer lot, two opposite
      lines of which abut streets.                     RETAIL FOOD ESTABLISHMENT-
                                                       A retail store selling food products, not
      LOT WIDTH -             The horizontal           to be consumed on the premises, which
      distance between the side lot lines as           shall include but not be limited to one
      measured at the minimum front yard               or more of the following: fresh cheese,
      depth required by this chapter and               fresh meat or delicatessen products,
      parallel to the street line.                     freshly prepared baked goods or
      MEMBERSHIP           CLUB -    A social,         confections, natural and organic food
      sports or fraternal association or               or beverages, and which may also sell
      organization which is used exclusively           incidental to tbe sale of food products
                                                       therein, wines and InaIt beverages, but




                                               23511                               09 - 05 - 2009
§ 235-5                                MELROSE CODE                                     § 235-5


      not tobacco products, lottery tickets,          exterior SIgn    not   attached     to   a
      pharmacy itmns, toiletries, personal            building.
      care products or photographic supplies
                                                      SIGN, SURFACE AREA OF - For a
      or services. The term "retail food es-
                                                      sign, either freestanding or attached,
      tablishment" as used herein shall
                                                      the area shall be considered to include
      further comport with the definition of
                                                      all     lettering,     wording     and
      "establishment" as defined in Chapter
                                                      accompanying designs and symbols,
      327 ofthe Acts of 2008.
                                                      together     with    the    background,
      SERVICE STATION - A building or                 whether open or enclosed, on which
      part thereof whose chief activity is the        they are displayed, but not including
      selling of gasoline, oil and related            any supporting framework and bracing
      products for motor vehicles or the              which are incidental to the display
      provision of lubricating service or             itself. For a sign consisting of
      general auto repair.                            individual letters, designs and symbols
                                                      attached to or painted on a surface,
      SETBACK - The shortest horizontal
                                                      building, wall or window, the area
      distance from the front lot line to the
                                                      shall be considered to be that of the
      nearest building wall or building part
                                                      smallest       quadrangle        which
      not specifically excluded by § 235-25.
                                                      encompasses all of the letters, designs
      SIGN - Any permanent or temporary               and symbols.
      structure, device, letter, word, model,
                                                      SIGN, WALL- A sign affixed to the
      banner, pennant, insignia, trade flag,
                                                      exterior wall of a building and
      streamer,    display,      emblem   or
                                                      extending not more than 15 inches
      representation used as, or which is in
                                                      therefrom.
      the nature of, an advertisement,
      announcement or direction or IS                 SPECIAL EXCEPTION (SPECIAL
      designed to attract the eye by                  PERMIT) - A use of a structure or lot
      intermittent or repeated motion,                or any action upon a premises which
      illumination and/or location.                   may be permitted under this chapter
                                                      only upon application to and on
      SIGN, BUSINESS - A sign used to
                                                      approval and issuance of a special
      direct attention to a service, product
                                                      permit by the Board and in accordance
      sold or other activity performed on the
                                                      with provisions of Article X.
      same premises upon which the sign is
      located.                                        STORY - The portion of a building
                                                      which is between one floor and the
      SIGN, IDENTIFICATION - A sign
                                                      next higher floor level or the roof. If a
      used simply to identify the name,
                                                      mezzanine floor area exceeds 1/3 of the
      address and title of an individual
                                                      area of the floor immediately below, it
      family or firm occupying the premises
                                                      shall be deemed a story. A basement
      upon which the sign is located.
                                                      shall be deemed to be a story when its
      SIGN, ROOF - A sign erected on or               ceiling is four or more feet above the
      affixed to the roof of a building.              finished grade. A cellar shall not be
                                                      deemed a story. An attic shall not be
      SIGN, STANDING - A sign erected
                                                      deemed a story if unfinished and
      on or affixed to the land, including any
                                                      without human occupancy.




                                             23512                                09    05 - 2009
§ 235-5                                      ZONING                                     § 235-5


      STORY, HALF - A story under a                    or intended to be used, occupied or
      gable, bipped or gambrel roof, the wall          maintained.
      plates of which on at least two opposite
                                                       USE,     ACCESSORY -           A    use
      exterior walls are not more than two
                                                       incidental and subordinate to the
      feet above the floor of such story.
                                                       principal use of a structure or lot or a
      STREET - A way which is 21 or more               use, not the principal use, which is
      feet in right-of-way width which is              located on the same lot as the
      accepted or devoted to public use by             principal structure. Accessory use by
      legal mapping or by any other lawful             area shall be interpreted not to exceed
      procedure. It shall be synonymous                40% of the area of the total use of the
      with the words "road," avenue,                   structure andlor lot on which it is
      "highway" and "parkway" and similar              located.
      designations.
                                                       USE, NONCONFORMING - A use
      STRUCTURE -        A combination of              lawfully existing at the time of
      materials for permanent or temporary             adoption of this chapter or any
      occupancy or use, such as a building~            subsequent amendment thereto which
      bridge, trestle, tower, framework,               does not conform to one or lnore
      retaining wall, tank, tunnel, tent,              provisions of this chapter.
      stadium, reviewing stand, platform,
                                                       USE, PRINCIPAL -       The main or
      swimming pool,        shelters,     piers,
                                                       primary purpose for which a structure
      wharves, bin, fence, sign or the like.
                                                       or lot is designed, arranged or
      TOWNHOUSE - A row of at least                    intended or for which it may be used,
      three but not more than five one-                occupied or maintained under this
      family dwelling units whose side walls           chapter. Any other use within the
      are separated from the other dwelling            main structure or the use of any other
      units by a fire wall or walls. Each unit         structure or land on the same lot and
      in the row may be owned by a separate            incidental or supplementary to the
      owner.                                           principal use and permitted under this
                                                       chapter shall be considered as
      TRAILER - Any vehicle which is
                                                       accessory use.
      immediately portable and is arranged,
      intended, designed or used for                   USE,        SUBSTANTIALLY
      sleeping, eating or business or is a             DIFFERENT - A use which by reason
      place    in   which    persons   may             of its normal operation would cause
      congregate, including a mobile hOlne,            readily observable differences in
      house trailer or camper. A trailer,              patronage, service, appearance, noise,
      whether immediately portable or no               employment or similar characteristics
      longer immediately portable by virtue            from the use to which it is being
      of having its wheels removed or skirts           compared.
      attached, shall not be considered a
                                                       UTILITY               CABINET,
      building for the purpose of this
                                                       PUBLICIPRIVATE -        Any structure
      chapter.
                                                       used by a public utility for providing
      USE -    The purpose for which a                 continuity of service not over seven
      structure or lot is arranged, designed           feet in height and requiring less than a
                                                       two-hundred-square-foot base area, of



                                               23513                               09   05 -2009
§ 235-5                               MELROSE CODE                                       § 235-6


      which only 50% may be occupied by               YARD, FRONT - A yard extending
      cabinet.                                        for the full width of the lot between
                                                      the front line of the nearest building
      VARIANCE - Such departure from
                                                      wall or building part not specifically
      the terms of this chapter as the Board,
                                                      excluded by § 235-25 and the front lot
      upon appeal in specific cases, is
                                                      line.
      empowered to authorize under the
      terms of Article X.                             YARD, REAR - A yard, unoccupied
                                                      except by an accessory structure or
      WIRELESS         COMMUNICATIONS
                                                      accessory use as herein permitted,
      COMPANY - An entity that provides
                                                      extending for the full width of the lot
      wireless communications services. For
                                                      between the rear line of the building
      zoning     purposes       a   wireless
                                                      wall and the rear lot line.
      communications company is not a
      public services corporation or a public         YARD, SIDE - A yard extending for
      utility and must comply with the                the full length of a building between
      provisions of this chapter.                     the nearest building wall and the side
                                                      lot line.
      WIRELESS         COMMUNICATIONS
      SERVICE FACILITY (WCSF) -             A   (Ord. No. 16985C, 11-27-1972; Ord. No.
      facility for the provision of personal    18561, 12-2-1974; Ord. No. 18562, 12-2-1974;
      wireless services as defined by the       Ord. No. 1691C, 7-20-1987; Ord. No. 2312,
      Federal Telecommunications Act of         10-16-1989; Ord. No. 1735, 12-7-1989; Ord.
      1996, as amended. Such facilities         No. 1574, 12-21-1989; Ord. No. 90-209,
      include but are not limited to            8-20-1990; Ord. No. 95-189, 5-1-1995; Ord.
      transmitting and receiving equipment,     No. 97-38, 12-16-1996; Ord. No. 99-021,
      antennas, antenna structures and          1-4-1999; Ord. No. 07-132, 5-7-2007; Ord. No.
      supports     and   related   accessory    07-044A, 8-23-2007; Ord. No. 09-060,
      structures or equipment, monopoles        2-17-2009)
      and satellite dishes over three feet in
      diameter.
                                                               ARTICLE III
      WIRELESS        COMMUNICATIONS
                                                        Establishment of Districts
      SERVICES -        Personal    wireless
      services as defined in the Federal
                                                § 235-6. Division into districts.
      Telecommunications Act of 1996, as
      amended. By way of example but not          The City of Melrose, Massachusetts, is
      limitation, personal wireless services    hereby divided into 14 zoning districts to be
      iuclude cellular telephone services,      designated as follows:
      personal communications services
                                                    Full Name     Class         ShorlName
      (PCS) and commercial mobile radio
      services.                                     Suburban      Residential   SR
                                                    Residence
      YARD - A portion of a lot, upon which
                                                    A Suburban    Residential   SR-A
      the principal building is situated,           Residence
      unobstructed artificially from the
      ground to the sky and having at least         B Suburban    Residential   SR-B
                                                    Residence
      two sides open to lot lines.
                                                    A Urban       Residential   UR-A
                                                    Residence




                                            23514                                    09 - 05 -2009
§ 235-6                                       ZONING                                           § 235-6


    Full Name      Class         Short Name             Full Name      Class        Short Name
    B Urban        Residential   UR-B                   Extensive      Business     BB
    Residence                                           Business
    C Urban        Residential   UR-C
                                                        Extensive      Business     BB-1
    Residence                                           Business
    DUrban         Residential   UR-D                   Local          Business     BC
    Residence                                           Business
    Smart Growth                 SGD                    Medical        Business     BD
    District                                            Business
    General        Business      BA                     Industrial     Industrial
    Business
                                                        Industrial A                I-A
    General        Business      BA-1
    Business                                                                (Cont'd on page 23515)




                                              23514.1                                     09 -05 - 2009
§ 235-6                                      ZONING                                       § 235-9


   A. Residential districts, as a group, are      at a scale of one incb equals 650 feet with ink
      herein referred to as "R" districts.        on stable material and shall be located in the
                                                  office of the Building Commissioner.
   B. Business districts, as a group, are
                                                  Photographic reductions of this large-scale
      herein referred to as "B" districts.
                                                  map may serve as copies ofthe Zoning Map.
   C. Industrial districts, as a group, are
                                                  (Ord. No. 16985C, 11-27-1972)
      herein referred to as "I" districts.
(Ord. No. 16985C, 11-27-1972; Ord. No.
08-128,4-7-2008)                                  § 235-9. Boundaries of districts.
                                                     Where any uncertainty exists with respect
                                                  to the boundary of any district as shown on
§ 235-7. Zoning Map.
                                                  the Zoning Map, the following rules apply:
   The location and boundaries of the zoning
                                                      A. Where a boundary is indicated as a
districts are hereby established as shown on a
                                                         street, alley, raHroad, watercourse or
map titled "Zoning Map of tbe City of
                                                         other body of water, it shall be
Melrose, Massachusetts," dated November
                                                         construed to be the center line or
1972, which accompanies and is hereby
                                                         middle thereof or, wbere such
declared to be a part of this chapter. The
                                                         boundary approximates a        City
authenticity of the Zoning Map shall be
                                                         boundary, then to the limits of the
identified by the signature of the Mayor,
                                                         City boundary.
attested by the City Clerk, and the imprinted
Seal of the City under the following words:           B. Where a boundary is indicated as
                                                         following approximately or parallel to
"This is to certify that this is the Zoning Map          a street, railroad, watercourse or other
of the City of Melrose, Massachusetts,                   body of water, it shall be construed to
referred to in the Zoning Ordinance of the               be parallel thereto and at such
City of Melrose, Massachusetts, which was                distance therefrom as shown on the
adopted by the Board of Aldermen on                      Zoning Map. If no dimension is given,
November 27, 1972."                                      such distance shall be determined by
(Ord. No. 16985C, 11-27-1972)                            the use of the scale shown on the
                                                         Zoning Map,
                                                      C. Where a dimensional boundary or the
§ 235-8. Changes to map.                                 actual property boundary coincides
  Any change in the location of boundaries of            within 10 feet or less with a lot line,
a zoning district hereafter made through the             the boundary shall be construed to be
amendments of this chapter shall be                      the lot line.
indicated hy the alteration of such map, such         D. Where a boundary is indicated as
changes to be dated and authenticated. as                intersecting the center line of a street,
prescribed in § 235-7. The map thus altered is           railroad, watercourse or other water
declared to be part of this chapter thus                 body, and unless it is otherwise
amended. The Building Commissioner shall                 indicated, it shall be construed to
be responsible for making changes to the                 intersect at right angles to said center
Zoning Map. Such changes shall he made                   line or, in the case of a curved center
within 14 days of the final approval of                  line, to the tangent to the curve at the
amendments. The Zoning Map shall be drawn                point of intersection.



                                              23515                                  07 - 20 - 2008
§ 235-9                                MELROSE CODE                                      § 235-13


   E. The abbreviation "PI." means property       § 235-11. Application.
      line as shown on the City Assessor's
                                                      Except as herein provided, the provisions of
      Map as in effect at the effective date of
                                                  this chapter shall apply to the erection,
      this chapter, The abbreviation "Pl.,"
                                                  construction, reconstruction, alteration or use
      when used in conjunction with a
                                                  of buildings or structures or use of land.
      subsequent amendment to this
                                                  Except as herein provided, any existing
      chapter, shall mean a property line as
                                                  conforming use, structure or lot shall not by
      shown on the City Assessor's Map as
                                                  any action become nonconforming, and any
      in effect at the effective date of such
                                                  existing nonconforming use, structure or lot
      amendment.
                                                  shall not become further nonconforming.
   F, The abbreviation "CL" means center
                                                  (Ord. No. 16985C, 11-27-1972)
      line and "eI" means center of
      intersection.
(Ord. No. 16985C, 11-27-1972)                     § 235-12. Existing buildings and land.

                                                     This chapter shall not apply to existing
                                                  buildings or structures, nor to the existing
               ARTICLE IV
                                                  use of any building or structure or of land, to
     Interpretation and Application
                                                  the extent to which it is legally used at the
                                                  time of adoption of this chapter, but it shall
§ 235-10. Interpretation.
                                                  apply to any change of use thereof and to any
   The provisions of this chapter shall be        alteration of a building or structure when the
interpreted to be the minimum requirements        same would amount to reconstruction,
adopted for the promotion of the health,          extension or structural change and to any
safety, morals or the general welfare of the      alteration of a building or structure to
City of Melrose, Massachusetts, and except        provide for its use for a purpose or a manner
for Chapter 25, Zoning, of the Revised            substantially different from the use to which
Ordinances of 1956, City of Melrose,              it was put before alteration or for its use for
Massachusetts,      and     all  subsequent       the same purpose to a substantially greater
amendments thereto, the provisions of this        extent, except as hereinafter provided.
chapter are not intended to repeal, amend,
                                                  (Ord. No. 16985C, 11-27-1972; Ord. No.
abrogate, annul or in any way impair or
                                                  18052,7-16-1973)
interfere with any lawfully adopted
ordinance, covenants, regulations or rules.
Whenever the regulations made under the
                                                  § 235-13. Mixed uses.
authority hereof differ from those prescribed
by any statute, ordinance or other regulation,      In cases of mixed occupancy, the
that provision which imposes the greater          regulations for each use shall apply to the
restriction or the higher standard shall          portion of the building or land so used.
govern.
                                                  (Ord. No. 16985C, 11-27-1972)
(Ord. No. 16985C, 11-27-1972)




                                              23516                                   07 - 20 - 2008
§ 235-14                                        ZONING                                     § 235-16.1


                 ARTICLE V                           regulations, to aU otber provisions of this
               Use Regulations                       chapter.
                                                     (Ord. No. 16985C, 11-27-1972)
§ 235-14. Applicability.
  Except as providcd in this chapter, no
building, structure or land shall be used            § 235-16.1 Site plan review.
except for the purposes permitted in the
                                                         A. Purpose and intent. The purpose of
district as described in this article. Any use
                                                            this section is to ensure that the
not listed shall be construed to be prohibited.
                                                            design and layout of new commercial
(Ord. No. 16985C, 11-27-1972)                               industrial     and     multifamiJ;
                                                            development will not be detrimental to
                                                            surrounding land uses. The intent of
§ 235-15. Permitted uses.                                   the site plan review process is to
                                                            regulate, rather than prohibit, uses
   In the Table of Use and Parking
                                                            through reasonable conditions which
Regulations,' the uses permitted by right in
                                                            may be imposed by the Melrose
the district shall be designated by the letter
                                                            Planning Board (Site Plan Review
"P," except that any use listed in the Table of
                                                            Committee, SPRC) concerning location
Use and Parking Regulations as a permitted
                                                            of buildings, signs, open space,
use, the proposed location of which does not
                                                            landscaping, parking areas, access and
abut on a street wbich is laid out and
                                                            egress,  drainage, sewage, water
accepted as a traveled way, or which has not
                                                            supply, and public safety.
been built to subgrade, so that such way or
street is passable for fire apparatus and other          B. Applicability.
traffic, or which abuts on a street or way in
                                                            (1)   A site plan review is required for
which there is no public sewer or in which
                                                                  all new commercial and industrial
there is no water available for connection
                                                                  uses. New multifamily uses
with the building after completion, may be
                                                                  consisting of four or mOTC units
permitted only as an exception by special
                                                                  shall also require a site plan
permit. Those uses that may be permitted as
                                                                  review, as shan any extension in
an exception by special permit in the district
in accordance with Articles X and XI, shall b~
                                                                  excess of 2,500 square feet of an
                                                                  existing industrial, commercial, or
designated by the letter "S." Uses designated
                                                                  multifamily use.
"-" shall not be permitted in the district.
                                                            (2) Construction or expansion of a
(Ord. No. 16985C, 11-27-1972)
                                                                parking lot for a municipal,
                                                                institutional,       commercial,
                                                                industrial,      or multifamily
§ 235-16. Uses      subject        to     other
                                                                structure or purpose shall also
           regulations.
                                                                require a site plan review.
  Uses permitted by right or by special
                                                            (3) In the instance where a prqject is
exception shall be subject, in addition to use
                                                                to be phased, or where property
                                                                abutting       the    proposed
                                                                development can be used in a
                                                                similar fashion and is held by a
1 Edit~r's ~~te: The Table of Use and Parking                   related entity, or where a
RegulatIOns IS mcluded at the end of this chapter.




                                                 23517                                   07 -20 - 2008
§ 235-16.1                                MELROSE CODE                                    § 235-16.1


             development proposal is an                           conditions     shall       remain
             extension      of an       abutting                  applicable.
             development built within the
                                                            (2) Before issuing a permanent
             previous five years and held by a
                                                                occupancy permit, the Building
             related     entity,      the    total
                                                                Commissioner shall require that
             development capacity of all
                                                                the applicant provide to the
             parcels shall be considered for
                                                                Building Commissioner two sets
             purposes       of     determining
                                                                of as-built site drawings and
             applicability for site plan review.
                                                                exterior elevations. One copy shall
      (4) The provisions of this section shall                  be forwarded to the SPRC; the
          not apply to a development which                      other copy shall remain on file in
          has been scrutinized from a                           the Inspectional Services Depart-
          design perspective by the Design                        ment.
          Review      Subcommittee        and
                                                            (3) Developments required to undergo
          received a speci a] permit or
                                                                a site plan review process in
          variance from the relevant pennit
                                                                accordance with this Chapter 235,
          granting authority at the time of
                                                                § 235-16.1 shall not be required to
          adoption of this § 235-16.1, nor to
                                                                obtain a special permit for more
          any such development which is
                                                                than four accessory parking
          subsequently       modified      in
                                                                spaces under § 235-17, accessory
          accordance with the provisions of
                                                                use No. 18.
          this ordinance, provided that such
          design review provisions relnain               D. Site plan submission criteria.
          substantially unchanged as a
                                                            (1)   The applicant shall submit 14
          result of any such modification.
                                                                  copies of a site plan proposal.
   C. Relationship to the building permit.                        Dimensions and scales of the plan
                                                                  shall be adequate to determine
      (1)    The Building Inspector shall not
                                                                  that all requirements are met and
             issue a building permit unless and
                                                                  to make a complete analysis and
             until a site plan review has been
                                                                  evaluation of the proposal. The
             obtained, and a letter to that
                                                                  site plan review application
             effect with or without site plan
                                                                  materials shall be submitted to
             conditions has been forwarded to
                                                                  the Office of Planning and
             the Building Inspector by the
                                                                  Community         Development
             SPRC. The conditions shall
                                                                  (OPCD). The site plan review
             become conditions of the building
                                                                  application materials will be
             permit and shall be met prior to
                                                                  reviewed for completeness within
             the issuance of a permanent
                                                                  seven days and returned to the
             occupancy permit. No material
                                                                  applicant.     The    application
             deviation from an approved site
                                                                  materials may then be submitted
             plan shall be made without
                                                                  to the City Clerk to be time
             approval from the Site Plan
                                                                  stamped and filed.
             Review Committee. If any
             particular condition of the plan is            (2) The OPCD shall transmit nine
             found to not comply with city or                   copies of said application to the
             state codes,      all   remaining                  SPRC, one copy to City Clerk to



                                                 23518                                   07 - 20 - 2008
§ 235-16.1                                     ZONING                                 § 235-16.1


             be filed, one copy each to the City          (d) Proposed parking plan
             Engineer, Board of Health, and                   including location of access
             the Building Commissioner, and                   and egress;
             one copy will be available in
                                                          (e) Estimated average daily
             OPCD for review by the City
                                                              traffic and peak hour traffic
             Planner, Fire Chief, Police Chief,
                                                              to be generated by the
             and    Conservation      Commission,
                                                              proposal;
             All departments shall report their
             comments, conditions, remedial               (f)   Level of service analysis for
             measures and recommendations,                      nearby intersections;
             in writing, to the SPRC within 30
                                                          (g) Transportation management
             days. Any department that does
                                                              plan (TMP), including policies
             not respond within 30 days will be
                                                              for parking management,
             deemed to have waived any
                                                                transit   promotion,      bicycle
             objection to the application. A
                                                                storage, pedestrian safety
             copy of the executive summary
                                                                and car sharing. The TMP
             shall be transmitted to the Mayor,
                                                                shall explain the long-term
             School Department and the City
                                                                management      and      enforce-
             Solicitor.
                                                                ment of the TMP components;
      (3) At a minimum, the submittal
                                                          (h) Location of existing and
          materials shall include the
                                                              proposed buildings on the
          following items as applicable:
                                                              project site;
             (a)   An     executive     summary
                                                          (i)   Rendering of all facades of
                   generally describing the
                                                                proposed buildings;
                   nature and location of the
                   project, including parking             (j)   Han d i c a pp e d      access
                   and loading, traffic flow and                prOVISIOns;
                   circulation, projected traffic
                                                          (k) Foundation    lines of the
                   volumes and impact, external
                                                                proposed buildings, gross
                   lighting, landscaping and
                                                                floor area, and building
                   screening,     utilities  and
                                                                height;
                   protection            and/or
                   enhancement of existing                (I)   Location of solid waste
                   natural areas;                               containers and the nature of
                                                                any required screening;
             (b) Parcel    lot lines for the
                   proposed     project  and              (m)   Existing and         proposed
                   surrounding parcels;                         topography and the location
                                                                of all natural features such as
             (c)   Height and use of all
                                                                wetlands, streams, water
                   buildings     abutting      the
                                                                bodies, and exposed bedrock
                   proposed project, including a
                                                                to be removed, if any;
                   building or buildings directly
                   across from the proposed               (n) Areas    subject to a one-
                   project but separated by a                   hundred-year flood, if any;
                   public or private right-of-way;




                                                23518.1                              07 - 20 - 2008
§ 235-16.1                                MELROSE CODE                                § 235-16.1


             (0)   Provisions for drainage and           (1)   Consistency with the design,
                   sewage;                                     character, and scale of the
                                                               surrounding area.
             (p) Provisions for the protection
                 of abutting properties during           (2) Consistency with all sign, design,
                 construction,      and    site              landscaping, lighting, buffering,
                 excavation,      dClTIoIition,              and public safety requirements
                 blasting, and site reclamation              and standards established by City
                 plans if appropriate;                       of Melrose departments.
             (q) Proposed       landscaping,             (3) Protection and enhancement of
                 including all screening and                 important      existing     natural,
                 buffering      of adj acen t                historic or scenic site features.
                 residential areas;
                                                         (4) Protection of adjacent properties
             (r)   Provisions for fencing, walls,            and surrounding areas from
                   and the existing and proposed             detrimental impacts during and
                   lighting;                                 after construction, including but
                                                             not limited to, air and water
             (8)   Location, material? and size
                                                             pollution, flood, noise, odor, dust,
                   of all signs;
                                                             vibration, and lighting.
             (t)   The location, materials and
                                                         (5) Convenience and safety of
                   dimensions of loading areas,
                                                             vehicular      and    pedestrian
                   walkways and driveways.
                                                             movement within the site and of
       (4) Plans shall be prepared by a                      the location of driveway openings
           registered professional engineer,                 In   relation to traffic and/or
           registered     land     surveyor ~                adjacent streets.
           architect or landscape architect,
                       l
                                                         (6) Adequacy and arrangement of
           as appropriate. Any of the
                                                             parking spaces, bicycle racks,
           requirements of a site plan review
                                                             internal ways, loading areas, and
           application may be waived by
                                                             sidewalks, and the ability of the
           majority vote of tbe SPRC.
                                                             site plan to accommodate parking
       (5) When a proposal reqnires site                     in areas other than the front of
           plan review as well as a special                  the building.
           permit and/or variance, the
                                                         (7) Adequacy of the local streets to
           applicant may elect the order for
                                                             accommodate the traffic generated
           pursuiug the requirements.
                                                             by the proposed use. When a level
           Where the Planning Board serves
                                                             of servIce (LOS) analysis is
           as the special permit granting
                                                             required       to   make    this
           authority for proposed work, it
                                                             determination, the proposed
           shall consolidate its site plan
                                                             development shall comply with
           reVIew    and   special permit
                                                             the following standards:
           procedures.
                                                               (a) LOS at nearby intersections
   E. Site plan review criteria. The SPRC
                                                                   shall not be degraded more
      shall at a minimum review all site
                                                                   than one level as a result of
      plans for the following and shall find
                                                                   traffic generated by the
      that the following criteria are fulfilled:



                                               23518.2                               07 - 20 - 2008
§ 235-16.1                                    ZONING                                 § 235-16.1


                 proposed development, nor              (12) Stormwater management:
                 shall any nearby intersection
                                                            (a) Stormwater systems shall be
                 degrade below the level of D.
                                                                designed to protect the public
                 Intersections with an existing
                                                                and      environment      from
                 LOS of E or F sball not result
                                                                flooding, siltation, pollutants
                 in increased delay time or be
                                                                and related drainage impacts
                 made worse.
                                                                and shall conform to the
             (b) Safety hazards shall not be                    applicable       performance
                 created,   added    to,  or                    standards included in the
                 exacerbated as a result of                     Massachusetts Department of
                 traffic generated by the                       Environmental        Protection
                 proposed development.                          Storm water       Management
                                                                Policy or any successor
             (c) If any of the standards in
                                                                legislation.
                 Subsection E(7)(a) and (b),
                 above are violated, the                    (b) Stormwater systems shall be
                 applicant     shall    provide                 designed to use low-impact
                 alternative proposals to meet                  design (LID) methodologies to
                 the standards, including, but                  mitigate drainage impact.
                 not limited to, reduction in                   LID     methodologies       may
                 the size of the development,                   include porous pavements,
                 change in the proposed uses                    bioretention cells, infiltration
                 on the site, contributions to                  trenches, rainwater collection
                 off-site      street      and                  cisterns and other design
                 intersection improvements or                   methods that maximize the
                 construction of off-site street                use of landscaped areas for
                 and        intersection                        storm water    control      and
                 improvements.                                  promote the re-use of runoff.
      (8) Adequacy of sewerage and water                    (c) Stormwater flood mitigation
          supply systems within the site to                     shall be provided through the
          serve the proposed use without                        use of best management
          overloading      the     municipal                    practices (EMPs) to further
          systems to an extent that the                         reduce the frequency and
          health, safety or general welfare                     intensity      of     flooding
          of residents of the city are put at                   otherwise generated at the
          risk.                                                 proposed site. To the exten t
                                                                practicable, EMPs shall be
       (9) Adequacy of proposed methods of
                                                                sized to capture, retain, and
           refuse disposal and storage.
                                                                percolate to ground all runoff
       (10) Adequacy of snow management,                        from impermeable surfaces
            including removal or on-site                        generated by the five-year
            storage.                                            twenty-four-hour         storm
                                                                event. Preferred EMPs shall
       (11) Adequacy of soil erosion plan and
                                                                include, but not be limited to,
            the plan for protection of steep
                                                                constructed wetlands, pocket
            slopes, both during and after
                                                                wetlands,     rain     gardens,
            construction.



                                              23518.3                              07 - 01- 2010
§ 235-16.1                             MELROSE CODE                                     § 235-16.1


               vegetated          swales,                  approve subject to modifications or
               retention/detention   ponds,                conditions, or deny the application. A
               and    subsurface   leaching                written decision setting forth the
               systems.                                    record of the proceedings, the vote of
                                                           each member and the reasons for the
      (13) Adequacy       of    landscaping,
                                                           decision shall be filed in the office of
           including    the    screening   of
                                                           the City Clerk within 14 days. In the
           adjacent residential uses, street
                                                           event of a denial, the application and
           trees, landscape islands in any
                                                           site plan may be resubmitted if the
           parking lots and landscape buffers
                                                           reasons for the denial are remedied.
           along the street frontage.
                                                           Failure by the SPRC to take action
      (14) Adequacy of screening for storage               within 35 days of the close of the
           areas, loading docks, dumpsters,                public hearing or within the agreed
           rooftop    equipment,       utility             upon extended time or within one year
           buildings and similar features.                 of filing a completed site plan review
                                                           application in the case of a new
   F. Site   Plan    Review   Committee:
                                                           renewable or alternative energy
      composition. The Site Plan Review
                                                           research and development establish-
      Committee (SPRC) shall be the
                                                           ment permitted in the Industrial
      Melrose Planning Board.
                                                           Districts shall be deemed an approval
   G. Review schedule. The SPRC shall open                 of the site plan. The City Clerk shall
      a public hearing on the application no               issue a certificate stating the date of
      later than 65 days after the                         the public hearing and the fact that
      application materials have been filed                the SPRC failed to take final action
      with the City Clerk. Notice of such                  and the date of the approval resulting
      public hearing shall be provided as                  from such failure.
      required by Massachusetts General
                                                      H. Expiration of site plan approval. Site
      Laws, Chapter 40A, § 11. The decision
                                                         plan approval shall lapse after two
      of the SPRC shall be made within 35
                                                         years from the grant thereof if a
      days of the close of the public hearing.
                                                         substantial use thereof has not sooner
      The required time limits for a public
                                                         commenced. Such approval may, for
      hearing and decision may be extended
                                                         good cause, be extended in writing by
      by written agreement between the
                                                         the Planning Board upon the written
      applicant and the SPRC. For new
                                                         request of the applicant.
      renewable and alternative energy
      research and development establish-             1.   Appeals. The applicant or any
      ments permitted in the Industrial                    aggrieved person may appeal any or
      Districts, the decision of the SPRC                  all conditions of a site plan review to
      shall be made within one year fyom                   the Melrose Board of Appeals
      the date of filing the site plan review              pursuant to General Laws, Chapter
      application with the City Clerk. The                 40A, § 8 and § 235-60(C)(l)(a) of the
      decision of the Site Plan Review                     Melrose Zoning Ordinance.
      Committee shall be upon a concurring
                                                 (Ord. No. 05-003, 12-13-2004; Ord. No.
      vote of the majority of SPRC members
                                                 05-171, 3-21-2005; Ord. No. 08-128A,
      and shall be in writing. The SPRC may
                                                 4-7-2008; Ord. No. 05-171A, 5-19-2008; Ord.
      approve the application as submitted,
                                                 No. 10-125, 5-3-2010)



                                            23518.4                                   07 -01-2010
§ 235-17                                   ZONING                                      § 235-18


§ 235-17. Table   of Use     and    Parking                    ARTICLE VI
           Regulations.                            Dimensional and Density Regulations
   See table at the end of this chapter which
                                                 § 235-18. Applicability.
is declared to be a part of this chapter.
                                                    The regulations for each district pertaining
(Ord. No. 16985C, 11-27-1972)
                                                 to minimum lot area, minimum lot width,
                                                                      (Cont'd on page 23518.5)




                                           23518.4.1                                07-01-2010
§ 235-18                                      ZONING                                        § 235-24


mmImum lot depth, mmIffium front yard                (Ord, No, 16985C, 11-27-1972)
depth, minimum side yard width, minimum
rear yard depth, maximum height of
buildings, maximum number of stories,                § 235-22. Sereening      and buffers in
maximum building area, maximum floor area                       industrial or business districts.
ratio and minimum open space shall be as                Screening and buffers shall be required in
specified in this section and as set forth in the    any industrial or business district which
Table of Dimensional             and    Density      adjoins a residential district as follows: this
Regulations and subject to the further               strip shall be at least 25 feet in width, except
provisions of this chapter,                          when abutting a residential use in the UR-C
                                                     district, in which case the width may be
(Ord, No, 16985C, 11-27-1972)                        reduced to 10 feet. It shall contain a screen of
                                                     plantings of vertical habitat in the center of
                                                     the strip not less than three feet in width and
§ 235-19. Table    of Dimensional           and      six feet in height at the time of occupancy of
           Density Regulations.                      such lot, Individual shrubs or trees shall be
   See table at the end of this chapter plus         planted not more than three feet on center
attached notes, which are declared to be part        and shall thereafter be maintained by the
ofthis chapter,                                      owner or occupants so as to maintain a dense
                                                     screen year-round, At least 50% of the
(Ord, No, 16985C, 11-27-1972)                        plantings shaH consist of evergreens and they
                                                     shall be evenly spaced,
                                                     (Ord, No, 16985C, 11-27-1972)
§ 235-20. Reduction of lot area.
   The lot or yard areas required for any new
building or use may not include any part of a        § 235-23. Buildings in fioodway.
lot that is required by any other building or
use to comply with any provisions of this              A building, except a boathouse, shall not be
chapter, nor may these areas include any            erected in a floodway or in any area subject to
property of which the ownership has been            periodic flooding unless the first floor
transferred subsequent to the effective date of     elevation is higher than the highest flood
this chapter if such property was a part of the     recorded, If such flood elevation shall have
area required for compliance with the               been reduced by construction of dams at the
dimensional regulations applicable to the lot       headwaters, or by other means, the first floor
from which such transfer was made, At least         elevation may be correspondingly lowered to
60% of the lot area required for zoning             the reduced flood leveL
compliance shall be contiguous land other           (Ord, No, 16985C, 11-27-1972)
than land located in a wetland, as defined in
MGL c, 131, § 40, or land located under a
brook, creek, stream, river, pond or lake.           § 235-24. Accessory buildings and other
(Ord, No, 16985C,      11-27-1972; Ord, No,                     structures.
95-189,5-1-1995)                                         A, In the "Roo districts, a detached
                                                            accessory building shall conform to the
                                                            provisions set forth in the following
§ 235-21. Separation of lots.                               schedule:
  Lots shall not be separated or transferred
in ownership so as not to comply with the
provisions of this chapter,



                                               23518,5                                  07 - 20 - 2008
§ 235-24                                MELROSE CODE                                          § 235-24


                        Maximum
                         Coverage                             Distance From
                        (percent of                           Lot Line (feet)
                         required                            Side                 Building
                         rear yard                           and                   Height
      District             area)'          Front             Rear                   (feet)
           SR               25%              20               10                      20
        SR-A                25%              20               10                      20
        SR-B                40%               15              10                      20
       UR-A                 50%               15              42                      20
        UR-B                50%               15               42                     20
        UR-C                50%               15               42                     20
       UR-D                 50%               15               42                     20

NOTES:
'The required rear yard area is calculated by multiplying the required rear yard depth by the
required lot width.
2The required distance from side and rear lot lines for accessory private swimming pools shall be
10 feet in all districts. Any swimming pool with side walls over two feet in depth shall be
enclosed in an impassable six-foot-high fence with a self-latching gate or an equivalent enclosure
or means of protection from access to the pool as defined in the State Building Code. Self-
enclosed pools shall be enclosed to a height of six feet above ground level with a self-latching gate
or an equivalent impassable enclosure as approved by the Building Commissioner.
                                                                             (Cont'd on page 23519)




                                              23518.6                                    07   20 - 2008
§ 235-24                                    ZONING                                        § 235-25


   B. An accessory building attached to the                case    of planned       multifamily
      principal building shall be considered               developments other than planned
      as an integral part thereof and shall                unit development, the mInImUm
      be subject to front, side and rear yard              distance between the walls of such
      requirements applicable to the                       principal buildings which contain
      principal      building.     Accessory               windows shall be twice the minimum
      buildings in the "B" and "I" districts               side yard or side setback required in
      may be located on the lot so as not to               the district. The minimum lot area
      violate the minimum front yard,                      required per each individual dwelling
      height restrictions and minimum                      unit, building or other unit or use
      open space requirements set forth in                 shall be multiplied by the number of
      the Table of Dimensional and Density                 such units to obtain the minimum lot
      Regulations.      Other      accessory               area required for the total tract of
      structures shall be governed by the                  land. Other area regulations shall
      regulations for accessory buildings                  apply to the tract.
      unless specifically exempt by the
                                                        C. A corner lot shall have minimum
      Board as a special exception.
                                                           street yards with the depths which
(Ord. No. 16985C, 11-27-1972; Ord. No.                     shall be the same as the required
17859, 4-17-1973;   Ord.   No.  20211,                     front yard depths for the adjoining
12-18-1978)                                                lots.
                                                        D. At each end of a through lot, there
                                                           shall be a setback depth required
§ 235-25. Additional   dimensional and
                                                           which is equal to the front yard depth
           density provisions.
                                                           required for the district in which
  In addition to the regulations in §§ 235-18              each street frontage is located.
through 235-24 above, the following
                                                        E. Projections into required yards or
regulations shall apply:
                                                           other required open spaces are
   A. Existing residential uses in all                     permitted subject to the following:
      nonresidential districts shall be
                                                           (1) Balcony or bay window, limited
      subject to the regulations for the
                                                               in total length to 1/2 the length of
      particular type of dwelling in the
                                                               the building, not more than two
      UR-C District. Any new residential
                                                               feet.
      uses in nonresidential districts shall
      be subject to the dimensional and                    (2) Open terrace or steps or stoop,
      density regulations of the nearest                       such as a porch, platform or
      residential district as determined by                    entrance stairway, under four
      the Building Commissioner.                               feet in height, up to 1/2 the
                                                               required yard setback.
   B. Except for planned developments for
      multifamily development, cluster                     (3) Steps or stoop over four feet in
      residential development, planned                         height, windowsill, chimney, roof
      unit development or commercial                           eave, fire escape, fire tower,
      development,       and    except    for                  storm enclosure or similar
      community facilities and public                          architectural features, not more
      utilities, only one principal structure                  than two feet.
      shall be permitted on a lot. In the



                                                23519
§ 235-25                               MELROSE CODE                                     § 235-25


      (4) No permit shall be required for                  profit that are primarily used for
          the erection or replacement of                   school    purposes,    provided    the
          fixed or retractable awnings                     proposed appurtenances are not
          installed on one- and two-family                 located within the flight paths of an
          dwellings, unless they project                   airport or heliport as defined by FAA
          over public property, or for                     regulations and approved by the
          retractable awnings installed                    FAA.
          above the first story or where the
                                                        G. Tbe maximum gross floor area for a
          awning does not project over the
                                                           commercial establishment in a BC
          public street or lot line or over
                                                           District shall be 10,000 square feet.
          any court or yard serving as a
          passage from a required exitway               H. Where the existing development
          to a public street. For any other                along a block amounts to more than
          fixed or retractable awning,                     50% of the block frontage, and where
          canopy or hood, a building                       said development has an average
          permit shall be obtained from                    setback less than required by this
          the Building Commissioner for                    chapter, then any vacant lot setback
          the     erection,     repair    or               may be reduced to said average of the
          replacement of any such device                   existing development.
          which      shall     meet      the
                                                        1. The gross floor area of each one-
          requirements of the State
                                                           family detached dwelling and per
          Building Code. Lettering on the
                                                           dwelling unit in a two-family
          skirt of an awning is permissible
                                                           dwelling shall not be less than 768
          but such lettering shall be
                                                           square feet. The gross floor area in a
          limited to the name of the owner
                                                           multifamily shall not be less than
          or establishment.
                                                           450 square feet for one-bedroom
   F. The prOVlSlOns of this chapter                       dwelling units, 600 square feet for
      governing the height of buildings                    two-bedroom units and 768 square
      shall not apply to chimneys, cooling                 feet for three-bedroom or larger
      towers, elevator bulkheads, skylights,               units.
      ventilators, electronic equipment,
                                                        J. In all districts the lot width as
      elevator shafts and other necessary
                                                           measured at any point between the
      appurtenances usually carried above
                                                           front lot line and the rear building
      the roof; nor to domes, towers, stacks
                                                           line shall not be less than that
      or spires, if not used for human
                                                           prescribed     in  the   Table     of
      occupancy and which occupy not
                                                           Dimensional        and     Density
      more than 20% of the ground floor
                                                           Regulations.
      area of the building; nor to
      ornamental      towers,    observation            K. At no street intersection in any
      towers, radio broadcasting towers,                   district shall any new or replacement
      television and radio antennas and                    organic material, excepting a lawn or
      other like structures which do not                   ground cover, be planted or permitted
      occupy more than 20% of the lot area;                to grow, nor any obstruction to vision
      nor     to   churches     or    public,              exceeding the lesser of three feet in
      agricultural or institutional buildings              height above the plane established by
      or private schools not conducted for                 the intersecting streets or 30 inches



                                                23520
§ 235-25                                     ZONING                                         § 235-27


      above the sidewalk, be placed, nor           § 235-27. General regulations.
      shall existing organic material be
                                                       A. Any traffic or directional sign owned
      permitted to grow above such height,
                                                          and installed by a governmental
      on any lot within the triangular area
                                                          agency shall be permitted.
      formed by the intersecting curbs at a
      distance of 25 feet from the corner.             B. Temporary banners for drive-in estab-
      Where      curbs   do    not    exist,              lishments or automotive establish-
      measurement shall be made along                     ments shall be permitted except as
      edge of pavement.                                   provided in Subsection D of this
                                                          section.   "Temporary"     shall   be
   L. A fence, hedge, wall, sign or other
                                                          construed to mean any period not
      structure or vegetation may be
                                                          exceeding 30 consecutive days.
      maintained on any lot, provided that
      in the front yard area no such                   C. Political signs shall be permitted. not
      structure or vegetation shall be over               exceeding six square feet, and subject
      three feet in height above the adjacent             to the further provisions of Subsection
      ground within five feet of the front lot            D of this section.
      line unless it can be shown that such
                                                       D. A sign (including temporary interior
      vegetation will not restrict visibility in
                                                          window displays or banners) or its
      such a Way as to hinder the safe entry
                                                          illuminator shall not by reason of its
      of a vehicle from any driveway to the
                                                          location, shape, size or color interfere
      street.
                                                          with traffic or be confused with or
(Ord. No. 16985C, 11-27-1972; Ord. No.                    obstruct the view or effectiveness of
18564,    12-2-1974;  Ord.   No.    20211,                any official traffic sign, traffic signal or
12-18-1978; Ord. No. 1735, 12-7-1989; Ord.                traffic marking. A sign or any part
No. 95-189, 5-1-1995)                                     thereof which moves or flashes. all of
                                                          the traveling light or animated type
                                                          and all beacons and flashing devices
                ARTICLE VII                               are prohibited. All illumination of
                  Signs                                   signs must be so arranged as to
                                                          prevent glare onto any portion of any
§ 235-26. Compliance        with     Building             public way or into any residential
           Code reqUired.                                 area.
   All signs shall comply with the regulations         E. No more than two signs shall be
for the erection and construction of signs                allowed for anyone business or
contained in the Building Code of the City of             industrial establishment in the "B"
Melrose      and    other   applicable    City            and "1" districts.
regulations. No signs shall be permitted
                                                       F. No more than one sign shall be
except in accordance with the following
                                                          allowed for anyone premises in the
regulations.
                                                          "R" district.
(Ord. No. 16985C. 11-27-1972)
                                                       G. The limitations as to the number of
                                                          signs permitted does not apply to
                                                          traffic or directional signs which are
                                                          necessary for the safety and direction
                                                          of residents. employees, customers and



                                               23521                                     02 - 25 - 2006
§ 235-27                                 MELROSE CODE                                       § 235-29


      visitors, whether in a vehicle or on                  ment, hospital, place of public
      foot, of any business, industry or                    assembly, community facility or public
      residence. Such signs shall not carry                 utility use, provided that the sign shall
      the name of any business or product.                  not exceed 10 square feet in surface
                                                            area. If lighted, it shall be illuminated
   H. The supporting members for any pole
                                                            with a white, steady, stationary light,
      sign, projecting sign or any other sign
                                                            of reasonable intensity, shielded and
      shall be in acceptable proportion to the
                                                            directed solely at the sign, not casting
      size of the sign.
                                                            light off the premises and set back at
   1. Any sign attached to a building shall                 least 1/2 of the required depth of the
      not extend above the height of the roof               front yard. For a church, community
      of the building.                                      facility and place of public assembly,
                                                            one additional sign up to 40 square
   J . No sign shall be erected so as to
                                                            feet in surface area may be allowed.
      obstruct any door, window or fire
      escape on a building.                              D. One unlighted temporary sign offering
                                                            premises for sale or lease for each
   K. At the boundary line of the City, and
                                                            parcel in one ownership, provided that
      within a street right-of-way, a sign not
                                                            it shall not exceed six square feet in
      exceeding five square feet in area
                                                            surface area and it shall be set back at
      indicating the meetings of any Melrose
                                                            least 10 feet from the street lot line.
      civic organization may be erected only
      after the granting of a special permit             E. One unlighted temporary sign of an
      by the Board.                                         architect, engineer or contractor
                                                            erected during the period such person
(Ord. No. 16985C, 11-27-1972; Ord. No.
                                                            is performing work on the premises on
94-368,10-17-1994)
                                                            which such sign is erected, provided
                                                            that it shall not exceed four square
                                                            feet in surface area and it shall be set
§ 235-28. Signs     permitted       in    any
                                                            back at least 10 feet from the street lot
           residential district.
                                                            line.
   A. One professional nameplate for each
                                                     (Ord. No. 16985C,      11-27-1972; Ord. No.
      medical doctor Or dental practitioner,
                                                     95-189,5-1-1995)
      provided such sign shall not exceed
      one square foot in surface area.
   B. One identification sign for each               § 235-29. Signs     permitted        in      any
      dwelling unit, provided such sign shall                   business district.
      not exceed one square foot in surface
                                                         A. Signs permitted in § 235-28            are
      area. If lighted, it shall be illuminated
                                                            allowed in any "B" district.
      with a white, steady, stationary light
      of reasonable intensity, shaded and                B. Business signs shall be permitted as
      directed solely at the sign, not casting              follows:
      light off the premises and not used
                                                            (1) One wall sign for each lot street
      other than for identifying the
                                                                frontage of each establishment,
      occupancy.
                                                                provided that it shall be attached
   C. One identification sign for each                          and parallel to the main wall of a
      membership club, funeral establish-                       building, it shall not project



                                                 23522                                   02 - 25 - 2006
§ 235-29                                     ZONING                                        § 235-31


           horizontally more than 15 inches                    business, whether in the same
           therefrom, the surface area of the                  structure or not, there shall not be
           sign shall not aggregate more                       more than one standing sign.
           than 10% of the area of the wall
                                                   (Ord. No. 16985C, 11-27-1972; Ord. No.
           on which it is displayed or 100
                                                   18565, 12-2-1974; Ord. No. 95-189, 5-1-1995;
           square feet, whichever is the
                                                   Ord. No. 06-050, 12-5-2005)
           lesser, and, if illuminated, it shall
           be illuminated externally by
           steady, stationary, white light, of
                                                   § 235-30. Signs     Permitted         in     the
           reasonable intensity, shielded and
                                                              Industrial District.
           directed solely at the sign, not
           casting direct or reflected light off      Business signs shall be permitted as
           the premises and not used other         follows:
           than for identifying the establish-
                                                       A. One wall sign subject to the
           ment.
                                                          regulations set forth in § 235-29 above.
      (2) One pole sign for each street
                                                       B. One standing sign or one pole sign for
          frontage of a drive-in establish-
                                                          each establishment, provided that it
          ment,     including      automobile
                                                          shall not exceed 150 square feet in
          service stations, provided that it
                                                          surface area, it shall be set back at
          shall not exceed 40 square feet in
                                                          least 15 feet from any street lot line, it
          surface area, no portion of it shall
                                                          shall not be erected so that any portion
          be set back less than 10 feet from
                                                          of it is over 15 feet from any street lot
          any street lot line, it shall not be
                                                          line, it shall not be erected so that any
          erected so that any portion of it is
                                                          portion of it is over 15 feet above the
          over 15 feet above the ground or
                                                          ground or sidewalk, and, if lighted, it
          sidewalk, and, if lighted, it shall
                                                          shall be illuminated internally by
          be illuminated internally by white
                                                          white light only.
          light only.
                                                   (Ord. No. 16985C, 11-27-1972)
      (3) One standing sign for each lot
          street frontage of a business es-
          tablishment in the BB District,
                                                   § 235-31. Nonconforming signs.
          provided that it shall not exceed
          100 square feet in surface area on          Any sign existing at the date of adoption of
          anyone side, no portion of it shall      this chapter but which does not conform to
          be set back less than 10 feet from       these regulations by reason of its size,
          any street lot line, it shall not rise   location, type or lighting shall either be
          to more than 15 feet from the            altered so as to become conforming or
          ground or sidewalk and it shall be       removed within five years of the date of
          illuminated internally by white or       adoption of this chapter.
          blue light only. Where a single lot
                                                   (Ord. No. 16985C,       11-27-1972; Ord. No.
          is 'occupied by more than one
                                                   18565,12-2-1974)




                                               23523                                   02 - 25 - 2006
§ 235-32                                 MELROSE CODE                                         § 235-32


              ARTICLE VIII                              land use or any change in an existing use in
     Off-Street Parking and Loading                     its entirety in accordance with the Table of
                                                        Use and Parking Regulations (see Article V),
§ 235-32. 0 ff - s t r e e t       parking              the Table of Off-Street Parking Regulations
           requirements.                                and other requirements as contained herein.
                                                        The parking code stipulated in the Table of
   After the effective date of this chapter, off-
                                                        Use     and    Parking   Regulations      shall
street parking spaces shall be provided for
                                                        correspond to the use and space requirements
every new structure, the enlargement of an
                                                        set forth in the Table of Off-Street Parking
existing structure, the development of a new
                                                        Regulations as presented in this article.
                               Table of Off-Street Parking Regulations
Parking                                             Number of
Code         Use                                    Off-Street Parking Spaces
Al           Dwelling, single, and                  2
             single including in-law
             apartment
A2           Dwelling. two-family                   4

B            Dwelling. multifamily                  2 per dwelling unit, except
                                                    housing for the elderly, in which
                                                    case it shall be 1 for each 3
                                                    dwelling units
C            Lodging house, dormitory,              1 per rental or sleeping unit;
             fraternity. sorority,                  any bedroom or group of 2 beds in
             YMCA, YWCA and similar                 a single room constitutes a
             types of group quarters                sleeping unit
D            Theater, restaurant,                   I for each 4 seats of total
             gymnasium, auditorium or               seating capacity
             similar place of public
             assembly with seating
             facilities
E            Automotive retail and                  I per 1.000 square feet of gross
             service establishment and              floor space; in the case of
             other retail and service               outdoor display areas. 1 for each
             establishments utilizing               1,000 square feet oflot area in
             extensive display areas,               such use
             either indoor or
             outdoor, which are
             unusually extensive in
             relation to customer
             traffic
F             Hotel. motel or tourist               1 for each sleeping room and 1 for
              court                                 each 400 square feet of meeting
                                                    area and restaurant space




                                                    23524                                  02 - 25 - 2006
§ 235-32                               ZONING                                § 235-32


Parking                                 Number of
Code       Use                          Off-Street Parking Spaces

G          Other retail, service,       1 per each 300 square feet of
           finance, insurance or        gross floor space
           real estate establishment
           or adult use
G-l        Medical office (including    1 per each 200 square feet of
           doctors, dentists and        gross floor area
           clinics)
H          Wholesale establishment,     1 per each 1,000 square feet of
           warehouse or storage         gross floor space
           establishment
I          Manufacturing or             1 per each 600 square feet of
           industrial establishment     gross floor space or 0.75 per each
                                        employee of the combined
                                        employment of the 2 largest
                                        successive shifts, whichever is
                                        larger
J          Hospital                     1 per each 600 square feet of
                                        gross floor area
K          Nursing home                 1 per bed at design capacity
L          Business, trade or           1 for each 200 square feet of
           industrial school or         gross floor area in classrooms
           college; country club        and other teaching stations, plus
                                        space for gymnasium or auditorium,
                                        whichever has the larger capacity
                                        (refer to Code D)
M          Other school                 2 per classroom in an elementary
                                        and junior high school; 4 per
                                        classroom in a senior high school,
                                        plus space for auditorium or
                                        gymnasium, whichever has the
                                        larger capacity (refer to Code D)
N          Community facility            1 per each 400 square feet of
           (city building,               gross floor space
           recreation, etc.)
0          Public utility                1 for each 400 square feet of
                                         gross floor area devoted to
                                         office use; 1 for each 800
                                         square feet of gross floor
                                         area per other use




                                        23525
§ 235-32                               MELROSE CODE                                        § 235-33


Parking                                         Number of
Code        Use                                 Off-Street Parlting Spaces

P           Transportation terminal             1 for each 600 square feet of
            establishment; home                 gross floor area
            occupation
Q           Mixed use                           Sum of various uses computed
                                                separately
R           Any use permitted by                Closest similar use as shall
            this chapter not                    be determined by the Building
            interpreted to be                   Commissioner
            covered by this schedule
T           Mixed residential and               The applicable residential
            home occupation use                 off-street parking
                                                requirement plus 1 for each
                                                600 square feet of gross
                                                floor area used for home
                                                occupation

(Ord. No. 16985C, 11-27-1972; Ord. No. 18563, 12-2-1974; Ord. No. 20053, 12-18-1978; Ord. No.
1575, 5-4-1987; Ord. No. 95-189, 5-1-1995; Ord. No. 95-189A, 5-1-1995; Ord. No. 97-38,
12-16-1996)

§235-33. Off-street             loading                 changed to retail and service commercial,
         requirements.                                  wholesale, transportation and industrial
                                                        and community facility use as specified in
  The off-street loading and unloading
                                                        the Table of Use and Parking Regnlations or
requirements presented in the Table of Off-
                                                        to any building hereafter erected for such
Street Loading Regnlations shall apply to all
                                                        uses.
existing buildings where the use has been
                          Table of Off-Street Loading Regulations
Use                                 Number of Loading Spaces Per Unit
Retail trade,                       1 per 20,000 square feet or
manufacturing and                   fraction thereof of gross floor
hospital establishment              area up to 2 spaces; 1 additional
with over 5,000 square feet         space for each 60,000 square feet
of gross floor area                 or fraction thereof of gross floor
                                    area over 40,000 square feet; space
                                    used for ambulance receiving at a
                                    hospital is not to be used to meet
                                    these loading requirements




                                                23526
§ 235-33                                    ZONING                                        § 235-38


Use                                 Number of Loading Spaces Per Unit
Business services,                  1 per 75,000 square feet or
other services,                     fraction thereof of gross floor
comnlunity facility                 area up to 2 spaces; 1 additional
(school, church, town               space for each 200,000 square feet
building, recreation,               or fraction thereof of gross floor
etc.) or public utility             area over 150,000 square !Cet
establishment with
over 5,000 square feet of
gross floor area
(Ord. No. 16985C, 11-27-1972; Ord. No. 95-189, 5-1-1995)

§ 235-34. Existing spaces.                         approval     by the Building Commissioner,
                                                   where it    is evident that such facilities will
   Parking    or    loading    spaces    being
                                                   continue     to be available for the several
maintained in any district in connection with
                                                   buildings   or uses.
any existing use on the effective date of this
chapter, Of any spaces subsequently provided       (Ord. No. 16985C, 11-27-1972)
in accordance with this chapter, shall not be
decreased or in any way removed from service
to the use originally intended to be served so     § 235-37. Continuance.
long as said use remains, unless a ntunber of
                                                      Required off-street parking or loading
parking or loading spaces is constructed
                                                   spaces which after development arc later
elsewhere such that the total number of
                                                   designated as, and accepted by the City for,
spaces conforms to the rcquirerrlcnts of the
                                                   off-street parking or loading purposes shall
tables of this article, provided that this
                                                   continue to serve the uses or structures to
regulation shall not require the Inaintenance
                                                   meet these requirements so long as said usc
of more parking or loading spaces than is
                                                   or structure remains.
required according to the tables.
                                                   (Ord. No. 16985C, 11-27-1972)
(Ord. No. 16985C, 11-27-1972)


                                                   § 235-38. Location of parking spaces.
§ 235-35. Computation of spaces.
                                                      A. Required offCstrcet parking spaces
  When the computation of required parking
                                                         shall be provided on the same lot as
or loading spaces results in the requirement
                                                         the principal use they are required to
of a fractional space, any fraction of 112 or
                                                         serve or, when practical difficulties as
more shall require one space.
                                                         determined by the Board of Appeals
(Ord. No. 16985C, 11-27-1972)                            prevent their establishment upon the
                                                         same lot, they shall be established no
                                                         fi.Irther than 300 feet from the
§ 235-36. Combined facilities.                           premises     to   which     they     are
                                                         appurtenant. No required off-street
   Parking required for two or lTIOre buildings
                                                         parking spaces shall be located within
or uses may be provided in combined facilities
                                                         the required front yard area in any
on the same or adjacent lots, subject to



                                              23527                                    09 -15 -2007
§ 235-38                              MELROSE CODE                                          § 235-41


      district,  except     for   one-family        § 235-41. Parking    and      loading      space
      dwellings.                                               standards.
   B. In no instance may the open space                All parking and loading areas, either
      required for a lot be used for the            contained within structures or otherwise,
      provision of off-street parking spaces.       including automotive and drive-in establish-
                                                    ments of all types, shall be subject to the
(Ord. No. 16985C,      11-27-1972; Ord. No.
                                                    following where applicable:
95-189,    5-1-1995;   Ord.   No.   07-044A,
8-23-2007)                                              A. The area shall be eff<,ctively screened
                                                           with suitable planting or fencing on
                                                           each side which adjoins or faces the
§ 235-39. Location ofloading spaces.                       side or rear lot line of a lot situated in
                                                           any "R" district.
   The loading spaces required for the uses
listed in the Table of Off-Street Loading               B. The area and access driveways thereto
Regulations shall in all cases be on the same              shall be surfaced with bituminous or
lot as the use they are intended to serve. In              cement concrete material and shall be
no case shall the required loading spaces be               graded and drained so as to dispose of
part of the area used to satis(y the parking               all surface water accumulation in
requirements of this chapter.                              accordance       with     acceptable
                                                           engineering practices. The location of
(Ord. No. 16985C, 11-27-1972)
                                                           spaces shall be suitably marked by
                                                           painted lines or other appropriate
                                                           markings. Driveways and contiguous
§ 235-40. Municipal parking lots.
                                                           parking arcas in residential districts
   A. The Board by special exception may                   shall be surfaced with pervIOUS
      allow the substitution of spaces within              material systems that utilize porous
      municipal parking lots in lieu of the                pavement, pavers, brick or other
      parking requirements of this article,                materials    lD    accordance     with
      provided they are located within 1,000               acceptable cll&,Yineering practices or
      feet of the building which is intended               bituminous or cement concrete.
      to be served.
                                                        C. A substantial bumper of masonry,
   B. Any structures on lots recorded prior                steel or heavy timber or a concrete
      to January 1, 1980, abutting municipal               curb or berm curb which is backed
      parking lots located In the area                     shall be placed at the edge of surfaced
      bounded northerly by Essex and                       areas except driveways in order to
      Upham Streets, southerly by Grove                    protect abutting structures, properties
      Street, easterly by the boundary of the              and     sidewalks     and    screenlllg
      BA-1 District between Grove Street                   materials.
      and Upham Street and westerly by
                                                        D. The layout of the parking area shall
      Myrtle Street are permitted the use of
                                                           allow sufficient space for the storage of
      said lots without the requirement of a
                                                           plowed snow unless removal by some
      sped al exception.
                                                           other ITIeanS is assured.
(On1. No. 16985C, 11-27-1972; Ord. No.
                                                        E. Any fixture used to illuminate any
20550,5-19-1980; Ord. No. 90-211, 8-20-1990;
                                                           area shall be so arranged as to direct
Ord. No. 93-1l2A, 1-4-1993)
                                                           the light away from the street and



                                                23528                                    09 - 15 - 2007
§ 235-41                                     ZONING                                          § 235-42


      away from adjoining premises used for               M. The Board may grant a special
      residential purposes.                                  exception to permit the redudion of
                                                             the parking space requirclllcnts to
   F. There shall not be any business
                                                             80% of that required in the Table of
      operation for vehicle repair for profit
                                                             Off-Street. Parking Regulations where
      or gasoline or oil service facilities or
                                                             conditions unique to the liSC will
      any repair made to any motor vehicles,
                                                             reasonably justify such a reduction.
      except on a lot occupied by a permitted
      automotive lise. Any gasoline or oil                N. Each off-street parking space shall not
      facilities shall be at least 25 feet from              be less than nine feet in width and 18
      any lot line.                                          feet in length for angle parking or 22
                                                             feet in length for parallel parking,
   G. There shall not be any storage of
                                                             exclusive of drives,       walks and
      materials or equipment or display of
                                                             maneuvering space.
      merchandise    within     a    required
      parking area except as part of                      O. Each off-st.reet parking space shall
      approved building operat.ions.                         have direct access to an aisle or
                                                             driveway having a minimUln width of
   H. Parking shall not be located within the
                                                             24 feet in the case of two-way traffic or
      required front yard area in any
                                                             the f(lllowing widths in the case of
      district.
                                                             one-way traffic only:
   I. Parking and loading spaces other than
                                                                                     Minimum Aisle
      those required for single- and two-
                                                                     Angle               Width
      family dwellings shall be so arranged                                              (feet)
                                                                  of Parking
      as not. to permit backing of vehicles
      onto any street.                                              ParalIc,]              12

   J. Any portion of any entrance or exit                             30°                  11
      driveway shall not. be closer than 50                                                1:3
      feet to the curbline of an intersecting
                                                                      60"                  18
      street.
                                                                      90'                  20
   K. Any two driveways leading to or from
      a street, to or from a single lot, shall        (OnI. No. 16985C, 11-27-1972; Ord. No. 2111,
      not bo wit.hin 30 f"et of each other at         10-16-1989; Ord. No. 95-189, 5-1-1995; Ord.
      their intersections with the front. lot         No. 07-044A, 8-23-2007)
      line for an interior lot and 40 foet for a
      corner lot.
   L. Any ent.rance or exit driveway shall            § 235·42, Parking         of    commercia]
      not exceed 24 feet in width at its                         vehicles.
      intersection with the front lot line              The parking of a commercial vehicle with a
      except for automotive service stations          registered gross weight in excess of 10,000
      and fire stations) in which cases the           pounds shall be prohibited in any residential
      widt.h may be increased to 40 feet.             district.
      Driveways in resident.ial districts shall
      not exceed 20 feet in width.                    (Ord. No. 16985C, 11-27-1972; Ord.           No.
                                                      07-132,5-7-2007)




                                                  23529                                   09 - 15 - 2007
§ 235-43                                MELROSE CODE                                       § 235-46


               ARTICLE IX                                  portion, notwithstanding that the
           Nonconforming Uses,                             extended portion may violate the side
           Structures and Lots                             or rear yard requirements, provided
                                                           that said extended portion follows the
§ 235·43. Applicability.                                   line of the existing building and is not
                                                           less than 71/2 feet from each lot line.
  The provisions of this article apply to
                                                        F. Any nonconforming structure or
actions in connection with nonconforming                   portion thereof which has come into
uses, structures and lots created by the initial           conformity shall not again become
enactment of this chapter or by any                        nonconforming.
subsequent amendment. It is the purpose of
                                                        G. Any extension or alteration to an
this chapter to discourage the perpetuity of
                                                           existing nonconforming building used
nonconforming uses whenever possible. The                  as a one- or two-family dwelling shall
lawful use of any building or land existing at             be allowed as a matter of right,
the time of the enactment of this chapter may              provided that the extension or
be continued, except as otherwise provided.                alteration is consistent with and does
                                                           not violate the dimensional and
(Ord. No. 16985C, 11-27-1972)
                                                           density regulations of the district in
                                                           which it is located.
§ 235-44. Extension and alteration.                (Ord. No. 16985C, 11-27-1972; Ord. No.
                                                   18053, 8-6-1973; Ord. No. 957, 2-19-1985;
   A. Any nonconform ing USC except for
                                  l                Ord. No. 95-189, 5-1-1995)
      agriculture,        horticulture     or
      floriculture, of any open space on a lot
      outside a structure or of a lot not          § 235-45. Residential lot of record.
      occupied by a structure shall not be
      extended.                                       Any lot lawfully laid out by plan or deed
                                                   duly recorded, or any lot shown on a plan
   B. Any nonconforn1ing principal use of a
                                                   endorsed by the Planning Board with the
      structure shall not be extended.
                                                   words "approval under the Subdivision
   C. Any nonconf()rming accessory use of a        Control Law not required," or words of
      portion of a structure or any                similar import, which complies (at the time of
      conforming accessory usc of a portion        recording or such endorsement, whichever is
      of a nonconforming structure may be          earlier) with the minimum area, frontage,
      extended up to a maximum of 40% of           width and depth requirements, if any, of the
      the existing structure.                      zoning ordinance then in effect may be built
                                                   upon for residential use provided it has a
   D. Any     existing   structure     on     a
      nonconforming lot may be altered and         mInimum area of 5,000 square feet, with a
                                                   minimum front footage of 50 feet, and is
      the    conforming      use    extended
                                                   otherwise in accordance with the provisions
      throughout     the   altered    portion,
      provided that any resultant alteration       of Section 6 of the Zoning Act.
      shall not cause the structure to violate     (Ord. No. 16985C, 11-27-1972)
      the    dimensional      and     density
      regulations ofthe district in which it is
      located.                                     ~   235-46. Reduction or increase.
   E. Any existing nonconforming building               A. Any nonconforming lot or open space
      used as a one- or two-family dwelling                on the lot, including yards and
      may be extended and the conforming                   setbacks, if already smaller than that
      use extended throughout the extended                 required shall not be further reduced



                                               23530                                   09 - 15 - 2007
§ 235-46                                    ZONING                                          § 235-49


      so as to be in greater nonconformity.                   cause may be rebuilt on its original
      The Board, however, may grant a                         foundation according to original floor
      special permit to extend a conforming                   area limitations and used for its
      use so as to violate or further violate                 original use. Otherwise it shall not be
      the side or rear yard requirements.                     rebuilt except in accordance with the
                                                              use, dimensional        and density
   B. No building area or floor area, where
                                                              regulations of this chapter. Historical
      already nonconforming, shall be
                                                              buildings may be exempt by special
      increased so as to be in greater
                                                              exception ofthe Board of Appeals.
      nonconformity.
                                                           B. Any nonconforming structure or any
   C. Any off-street parking or loading
                                                              structure        occupied      by     a
      spaces, if already equal to or fewer
                                                              nonconforming use which is damaged
      than the number required to serve
                                                              by fire or other natural cause may be
      their intended use, shall not be
                                                              repaired or rebuilt according to the
      further reduced in number.
                                                              dimensions and floor area limitations
(Ord. No. 16985C, 11-27-1972)                                 of the original structure and used for
                                                              its original use or a conforming use.
                                                           C. If restoration under Subsection B
§ 235-47. Change of use or lot.
                                                              above is not started within one year
   A. Any nonconforming use of a structure                    of the cause of the damage, the
      may be changed to another                               repaired structure shall not be used
      nonconforming use provided the                          except for a conforming use.
      changed use is not a substantially
                                                        (Ord. No. 16985C, 11-27-1972)
      different use as determined by the
      Building Commissioner.
   B. Any nonconforming use which has                   § 235-49. Abandonment.
      been once changed to a permitted use
                                                           A. Any nonconforming use of a
      or to another nonconforming use
                                                              conforming structure and lot which
      which is not a substantially different
                                                              has been abandoned for a continuous
      use shall not again be changed to
                                                              period of two years or more shall not
      another nonconforming use.
                                                              be used again except for a conforming
   C. Any nonconforming lot which has                         use. For agriculture, horticulture or
      come into conformity shall not again                    floriculture, the abandonment period
      be changed to a nonconforming lot.                      shall be five years.
(Ord. No. 16985C, 11-27-1972)                              B. For purposes of this section, the
                                                              abandonment period shall not be
                                                              broken by temporary occupancy
§ 235-48. Restoration.                                        except when       such temporary
                                                              occupancy is for a period of 60
   A. Any nonconforming structure or any
                                                              consecutive days.
      structure     occupied     by    a
      nonconforming use which is totally                (Ord. No. 16985C, 11-27-1972)
      destroyed by fire or other natural




                                                23531
§ 235-50                                MELROSE CODE                                         § 235-54


§ 235-50. Moving         nonconforming                         or lot coverage, increase the intensity
           structures.                                         of use or extend or displace the use of
                                                               any building, other structure or lot
   Any nonconforming structure shall not be
                                                               without applying for and receiving
removed to any other location on the lot or
                                                               from the Building Commissioner the
any other lot unless every portion of such
                                                               required building permit therefor.
structure, the use thereof and the lot shall
                                                               For purposes of administration, such
be conforming.
                                                               permit and application procedure
(Ord. No. 16985C, 11-27-1972)                                  involving a structure may be made at
                                                               the same time and combined with the
                                                               permit required under the Building
§ 235-51. Unsafe structnres.                                   Code.
   Except as covered under §§ 235-48 and                    B. An application for any permit shall
235-49, any structure determined to be                         be accompanied by a plan, accurately
unsafe may be restored to a safe condition,                    drawn, showing the actual shape and
provided such work on any nonconforming                        dimensions ofthe lot to be built upon,
structure shall be completed within one year                   the exact location and size of all
of the determination that the structure is                     buildings or structures already on the
unsafe and it shall not place the structure in                 lot, the location of new buildings or
greater nonconformity and provided,                            structures to be constructed, together
further, if the cost to restore any structure                  with the lines within which all
shall exceed 50% of its replacement value, it                  buildings or structures are to be
shall be reconstructed only as a conforming                    erected, the existing and intended
structure and used only for a conforming                       use of each building or structure and
use.                                                           such other information as may be
                                                               necessary to provide for the execution
(Ord. No. 16985C, 11-27-1972)
                                                               and enforcement of this chapter. A
                                                               record of all applications, plans and
                                                               permits shall be kept on file by the
             ARTICLE X
                                                               Building      Commissioner.        The
   Administration and Enforcement
                                                               Building Commissioner shall take
                                                               action on an application for a permit,
§ 235-52. Administrative officer.
                                                               either granting the permit or
  It shall be the duty of the Building                         disapproving the application, within
CommisSioner to administer and enforce the                     14 days of receipt ofthe application.
provisions ofthis chapter.
                                                         (Ord. No. 16985C, 11-27-1972)
(Ord. No. 16985C, 11-27-1972)

                                                         § 235-54. Previously approved permits.
§ 235-53. Building    permit required;
                                                           The status of previously approved permits
           application procedure.
                                                         shall be as determined by the Zoning Act,
   A. It shall be unlawful for any owner or              Section 6.
      person to erect, construct, reconstruct
                                                         (Ord. No. 16985C, 11-27-1972)
      or alter a structure or change the use




                                                 23532
§ 235-55                                     ZONING                                             § 235-58


§ 235-55. Certificate      of    occupancy           § 235-56. (Reserved)l
           required.
   A. It shall be unlawful to use or occupy
      any structure or lot hereafter erected         § 235-57. Permit time limits.
      or altered unless the Building
                                                        Any work for which any permit has been
      Commissioner has issued a certificate
                                                     issued by the Building Commissioner shall be
      of occupancy and has specified thereon
                                                     actively prosecuted within 90 days and
      the use to which the structure or lot
                                                     completed within one year of the date of the
      may be put. Applications for
                                                     issuance of the permit. Any permit issued for
      certificates     of occupancy and
                                                     a project which is actively prosecuted for one
      compliance shall be filed coincident
                                                     year may be extended for an additional year
      with the application for building
                                                     at the discretion of the Building
      permits and shall be issued or refused
                                                     Commissioner. Additional time extensions'
      in writing for cause within five days
                                                     may be granted only by a special permit
      after the Building Commissioner has
                                                     approved by the Board of Appeals. Any
      been notified, in writing, that the
                                                     project not completed within the applicable
      erection or alteration of such buildings
                                                     time limits shall be in violation of this
      has been completed. A record of all
                                                     chapter.
      certificates shall be kept on file in the
      office of the Building Co=issioner.            (Ord. No. 16985C, 11-27-1972)
      Buildings accessory to dwellings when
      completed at the same time shall not
      require a separate certificate of              § 235-58. Notice of violation and order.
      OCCupancy.
                                                        A. The Building Commissioner shall
   B. Pending the issuance of a regular                    serve a notice of violation and order to
      certificate, a temporary certificate may             any owner or person responsible for
      be issued for a period not exceeding six             the     erection,       construction,
      months during the completion of                      reconstruction,       conversion      or
      alterations or during partial occupancy              alteration of a structure or change in
      of a building, pending its completion.               use, increase in intensity of use or
      No temporary certificate shall be                    extension or displacement of use of
      issued prior to its completion if the                any structure or lot in violation of the
      building fails to conform to the                     provisions of this chapter or in
      provisions of the building ordinances                violation of any approved plan,
      and state laws or of this chapter to                 information or drawing pertinent
      such a degree as to render it unsafe for             thereto or in violation of a permit or
      the occupancy proposed.                              certificate issued under the provisions
                                                           of this chapter or in violation of any
(Ord. No. 16985C, 11-27-1972)
                                                           provision of this chapter, and such
                                                           order shall direct the discontinuance of
                                                           the unlawful action, use or condition
                                                           and the abatement of the violation


                                                  1 Editor's Note: Former § 235-56, Permit and
                                                  certificate fees, as amended, was repealed 6·21·2004 by
                                                  Ord. No. 04-239. See now § 24-34.



                                             23533                                           8-5-2004
§ 235-58                                    MELROSE CODE                                               § 235-60


        within a time to be specified by the                    Chapter 22 of the Revised Ordinances
        Building Commissioner.                                  of the City of Melrose 1956, as last
                                                                amended. 3
    B. Any owner who having been served
       with a notice and who ceases any work               B. Powers.
       or other activity shall not leave any
                                                                (1)   Under this chapter the Board
       structure or lot in such condition as to
                                                                      shall have the following powers:
       be a hazard or menace to the public
       safety, health, morals or general                              (a) To hear and decide appeals in
       welfare.                                                           accordance with Section 8 of
                                                                          the Zoning Act.
    C. If the Building Commissioner is
       requested in writing to enforce this                           (b) Except as provided in
       chapter against any person allegedly                               § 235-61B, to hear and decide
       in violation of the same and such                                  applications    for special
       officer declines to act, the Building                              permits and conditions and to
       Commissioner shall notify, in writing,                             impose conditions thereon.
       the party requesting such enforcement
                                                                      (c) To authorize upon appeal, or
       of any action or refusal to act and the
                                                                          upon petition in cases where
       reasons therefor within 14 days of
                                                                          a particular use is sought for
       receipt of such request.
                                                                          which no permit is required,
(Ord. No. 16985C, 11-27-1972)                                             with respect to a particular
                                                                          parcel of land or to an
                                                                          existing building thereon a
§ 235-59. Violations and penalties. 2                                     variance from the terms of
                                                                          this chapter.
  If the notice of violation and order is not
complied with promptly, the Mayor shall                        (2) In exercising the powers under
institute the appropriate action or proceeding                     Subsection B(1)(c) above the
at law or in equity to prevent any unlawful                        Board may impose limitations
action, use or condition and to restrain,                          both of time and use, and a
correct or abate such violation. Penalties for                     continuation of the use permitted
violations may, upon conviction, be affixed in                     may be conditioned upon
an amount not to exceed $50 for each offense.                      compliance with regulations to be
Each day, or portion of a day, that any                            made and amended from time to
violation is allowed to continue shall                             time hereafter.
constitute a separate offense.
                                                               (3) In exercising these powers, the
(Ord. No. 16985C, 11-27-1972)                                      Board may, in conformity with the
                                                                   provisions of this chapter and the
                                                                   Zoning Act, reverse or affirm, in
§ 235-60. Board of Appeals.                                        whole or in part, or may modify
                                                                   any order or decision and may
   A. Establishment of Board of Appeals.
                                                                   make such order or decision as
      The Board of Appeals shall be the
                                                                   ought to be made and to that end
      Board of Appeals established under
                                                                   shall have all the powers of the

2 Editors Note: See also Ch. 1, § 1~21, Noncriminal
disposition.                                          3   Editor's Note: See Ch. 15, Art. I. Board of Appeals.



                                                  23534                                             8-5-2004
§ 235-60                                    ZONING                            § 235-60


            officer from whom the appeal is              order or decision of the
            taken and may issue or direct the            Building Commissioner or
            issuance of a permit.                        other administrative official
                                                         in violation of any provision
   C. Board of Appeals procedures.
                                                         of this chapter.
      (1)   Appeals.
                                                     (b) Any such appeal shall be
            (a) An appeal to the Board may               taken within 30 days from
                be taken by any person                   the date of the order or
                aggrieved by reason of hislher           decision which is being
                inability to obtain a permit             appealed by filing a notice of
                from this chapter, by the                appeal, specifying the ground
                Metropolitan Area Planning               thereof, with the City Clerk
                Agency or by any person,                 who shall forthwith transmit
                including an officer or board            copies thereof to such officer
                of the City or of an abutting            or board whose order or
                City or town, aggrieved by an
                                                                (Cont'd on page 23537)




                                            23535                           8-5-2004
§ 235-60                                   ZONING                                                  § 235-60


               decision is being appealed                                  posting such notice in a
               and to the members of the                                   conspicuous place in City
               Board. Such officer or board                                Hall for a period of not less
               shall forthwith transmit to                                 than 14 days before the day
               the Board of Appeals all                                    of the hearing.
               documents     and     papers
                                                                     (e) "Parties in interest" as used
               constituting the record of
                                                                         herein shall mean the
               the case in which the appeal
                                                                         petitioner, abutters, owners
               is taken.
                                                                         of land directly opposite on
      (2) Meetings of the Board shall be                                 any public or private street
          held at the call of the Chair or                               or way and owners of land
          when called in such other                                      within 300 feet of the
          manner as the Board shall                                      property line, all as they
          determine in its rules.                                        appear on the most recent
                                                                         applicable       tax     list,
      (3) The Board of Appeals shall hold
                                                                         notwithstanding that the
          a hearing on any appeal,
                                                                         land of any such owner is
          application        or    petition
                                                                         located in another city or
          transmitted to it by the City
                                                                         town.     The     Assessors
          Clerk within 65 days from the
                                                                         maintaining any applicable
          date of filing with the City Clerk
                                                                         tax list shall certify to the
          of such appeal, application or
                                                                         Board of Appeals the names
          petition.
                                                                         and addresses of parties in
           (a) The Board shall cause notice                              interest,       and     such
               of such hearing to be                                     certification     shall     be
               published and sent to                                     conclusive for all purposes.
               parties in interest as                                    The Board of Appeals may
               provided for herein and                                   accept a waiver of notice
               shall notify the Planning                                 from, or in his/her stead any
               Board and the planning                                    successor owner of record4
               boards of adjacent cities and                             who may not have received
               towns, which may forward                                  a notice by mail and may
               recommendations         with                              order special notice to any
               respect to said matter for                                such person, giving not less
               the consideration of the                                  than five nor more than 10
               Board of Appeals.                                         additional days to reply.
           (b) In all cases where notice of a                        (d) Publications and notices
               public hearing is required,                               required by this section
               notice shall be given by                                  shall contain the name of
               publication in a newspaper                                the petitioner, a description
               of general circulation in the                             of the area or premises,
               city or town once in each of
               two successive weeks, the
               first publication to be not              4 Editor's Note: So in original. See MGL c. 40A, § 11,
               less than 14 days before the             which reads "a waiver of notice from, or an affidavit
               day of the hearing, and by               of actual notice to any party in interest, or in his
                                                        stead any successor owner of record."



                                                23537
§ 235-60                              MELROSE CODE                                § 235-60


              street address, if any, or                time constraints shall be deemed
              other          adequate                   to be the grant of the relief,
              identification of the location,           application, appeal or petition,
              of the area or premises                   as the case may be, subject to an
              which is the subject of the               additional judicial appeal as
              petition, the date and place              provided for in the Zoning Act.
              of the public hearing, the
                                                        (a) Tbe Board shall cause to be
              subject matter of the
                                                            made a detailed record orits
              hearing and the nature of
                                                            proceedings, indicating the
              action or relief requested, if
                                                            vote of each member upon
              any. No such hearing shall
                                                            each question or, if absent
              be held on any day on which
                                                            or failing to vote, indicating
              a state or municipal election
                                                            such fact and setting forth
              caucus or primary is held in
                                                            clearly the reason or reasons
              such city. The Board of
                                                            for its decision and of its
              Appeals shall notify the
                                                            official actions, copies of all
              Planning Board and the
                                                            of which shall be filed
              planning boards of every
                                                            within 14 days in the office
              adjacent city or town, which
                                                            of the City Clerk and shall
              may           forward
                                                            be a public record, and
              recommendations           with
                                                            notice of the decision shall
              respect to said matter for
                                                            be mailed forthwith to the
              the consideration of the
                                                            petitioner,    applicant or
              Board of Appeals. At the
                                                            appellant, to the parties in
              hearing, any party, entitled
                                                            interest as defined in
              to notice thereof or not, may
                                                            Subsection C(3)(c) above and
              appear in person, by agent
                                                            to every person present at
              or by attorney.
                                                            the hearing who requested
           (e) The Chair of the Board or,                   that notice be sent to
               in hislher . absence, the                    himlher and stated the
               Acting       Chair     may                   address to which such notice
               administer oaths, summon                     was to be sent. Each notice
               witnesses and call for the                   shall specify that appeals, if
               production of papers. All                    any, shall be made pursuant
               hearings of the Board shall                  to Section 17 of the Zoning
               be open to the public.                       Act and shall be filed within
                                                            20 days after the date of
      (4) The decision of the Board on any
                                                            filing of such notice in the
          appeal or application for a
                                                            office ofthe City Clerk.
          variance shall be made within
          100 days after the date of the                (b) Upon the granting of a
          filing of such appeal or                          variance or special permit or
          application. The decision on any                  any extension, modification
          petition for special permit shall                 or renewal thereof, the
          be made within 90 days after the                  Board shall issue to the
          public hearing thereon. Failure                   owner, and to the applicant
          of the Board to act within said                   if other than the owner, a



                                                23538
§ 235-60                                    ZONING                                                 § 235-60


               copy ofthe decision, certified                             such rights may extend the
               by the Chair or Clerk,                                     time for exercise of such
               containing the name and                                    rights for a period not to
               address of the owner,                                      exceed six months; and
               iden tifying      the    land                              provided, further, that the
               affected,     setting forth                                application      for   such
               compliance        with    the                              extension is filed with such
               statutory requirements for                                 Board     prior     to   the
               the issuance of such                                       expiration of the one-year
               variance or permit and                                     period. If the Board of
               certif'ying that copies of the                             Appeals does not grant such
               decision and all plans                                     extension within 30 days of
               referred to in the decision                                the date of application
               have been filed with the                                   therefor, and upon the
               Planning Board and City                                    expiration of the original
               Clerk. No variance or                                      one-year period, such rights
               special permit, or any                                     may be reestablished only
               extension, modification or                                 after notice and a new
               renewal thereof, shall take                                hearing pursuant to the
               effect until a copy of the                                 provisions of this chapter
               decision      bearing      the                             and MGL c. 40A, § 10.
               certification of the City
                                                                (5) No appeal, application or
               Clerk that 20 days have
                                                                    petition    which    has    been
               elapsed and no appeal has
                                                                    unfavorably and finally acted
               been filed or, if such appeal
                                                                    upon by the Board shall be acted
               has been filed, that it has
                                                                    favorably upon within two years
               been dismissed or denied is
                                                                    after the       date   of final
               recorded in the Middlesex
                                                                    unfavorable action unless said
               County Registry of Deeds
                                                                    Board finds, by a concurring vote
               and indexed in the grantor
                                                                    of all except one member of the
               index under the name of the
                                                                    Board, specific and material
               owner of record or is
                                                                    changes in the record of its
               recorded and noted on the
                                                                    proceedings 5 and unless all but
               owner's certificate of title,
                                                                    one of the members of the
               The fee for recording or
                                                                    Planning Board consent thereto
               registering shall be paid by
                                                                    and after notice is given to
               the owner or applicant.
                                                                    parties in interest of the time
           (c) If the rights authorized by a                        and place of the proceedings
               variance are not exercised                           when the question of such
               within one year of the date                          consent will be considered.
               of grant of such variance
               such rights shall lapse;
               provided, however, that the
               Borad of Appeals in its                  5 Editor's Note: So in original. See MGL c. 40A, § 16,
                                                        which reads "specific and material changes in the
               discretion and upon written
                                                        conditions upon which the previous unfavorable
               application by the grantee of            action was based, and describes such changes in the
                                                        record of its proceedings."



                                                23539
§ 235-60                              MELROSE CODE                                          § 235-61


      (6) Any person aggrieved by a                           the Board shall be held at the call of
          decision of the Board of Appeals                    the Chair and also when called in
          or any special permit granting                      such other manner as the Board shall
          autbority, whether or not                           determine in its rules.
          previously a party to the
                                                          E. Other requirements. The granting of
          proceedings, or any municipal
                                                             any appeal by the Board shall not
          officer or board may appeal to
                                                             exempt the applicant from any
          the Superior Court or to the
                                                             prOVISIOn of this chapter not
          Land Court or to the District
                                                             specifically ruled upon by the Board
          Court as provided in MGL c.
                                                             or specifically set forth as excepted in
          40A, § 17, by bringing an action
                                                             this particular case from a provision
          within 20 days after the decision
                                                             of this chapter. It shall be unlawful
          has been filed in the office of the
                                                             for any owner or person to
          City Clerk. Notice of the action
                                                             reconstruct, convert or alter a
          with a copy of the complaint
                                                             structure or change the use, increase
          shall be given to such City Clerk
                                                             the intensity of use or extend or
          so as to be received within such
                                                             displace the use of any building,
          20 days. The complaint shall
                                                             other structure or lot or change any
          allege that the decision exceeds
                                                             required limitations or special
          the authority of the Board or
                                                             conditions imposed by the Board in
          authority      and any facts
                                                             authorizing a special permit or
          pertinent to the issue and shall
                                                             variance without appealing to the
          contain a prayer that the
                                                             Board as a new case over which the
          decision be annulled. There shall
                                                             Board      shall     have     complete
          be attached to the complaint a
                                                             administrative power to deny,
          copy of the decision appealed
                                                             approve or modify.
          from, bearing the date of filing
          thereof, certified by the office of           (Ord. No. 16985C, 11-27-1972; Ord. No.
          the City Clerk with whom the                  95-189, 5-1-1995; Ord. No. 02-066C,
          decision was filed.                           2-19-2002)
      (7) The city may provide any officer
          or board of the city with
                                                                      ARTICLE XI
          independent legal counsel for
                                                            Special Permits and Conditions
          appealing, as provided in this
          section, a decision of the Board
                                                        § 235-61. Special   permit        granting
          of Appeals or special permit
                                                                 authorities.
          granting authority and for
          taking such other subsequent                     A. The Board of Appeals, upon written
          action as parties are authorized                    application duly made to the Board,
          to take.                                            may grant special permits as
                                                              hereinafter prescribed. Said special
   D. Adoption of rules. The Board shall
                                                              permits may be issued only for uses
      adopt rules for conducting its
                                                              which are in harmony with the
      business and otherwise carrying out
                                                              general purpose and intent of this
      the purposes of this chapter. A copy
                                                              chapter and shall be subject to
      of such rules shall be filed in the
                                                              general and specific provisions
      office of the City Clerk. Meetings of



                                                23540
§ 235-61                                    ZONING                                          § 235-62




      hereinafter stated, and such permits                      planned business developments as
      may     also    impose    conditions,                     prescribed in § 235-68 through
      safeguards and limitations on time or                     235-71.
      use.                                                  (5) Special    permits     under    the
                                                                affordable     housing    incentive
       (1) Special permits as prescribed in
                                                                program prescribed in § 235-73.1
           § 235-63 in locations and for uses
                                                                of this chapter.
           designated "S" in Article V, Table
           of Use and Parking Regulations,               C. Special permits under slope protection
           and special permits or conditions                prescribed in § 235-73.2 of this
           allowed elsewhere in this chapter.               chapter.
       (2) Variances from the terms of this          (Ord. No. 16985C, 11-27-1972; Ord. No.
           chapter as. prescribed in § 235-64.       04-184A,    8-9-2004; Ord. No.  06-017,
                                                     12-19-2005)
       (3) Special permits for uses accessory
           to activities permitted as a matter
           of right, which activities are
                                                     § 235-62. Special permit procedure.
           necessary in connection with
           scientific research or scientific             A. Application. Applications shall be filed
           development         or     related               with the City Clerk, and a copy of said
           production, whether or not on the                application, including the date and
           same      parcel    as    activities             time of filing certified by the City
           permitted as a matter of right,                  Clerk, shall be filed forthwith by the
           provided that the Board of                       petitioner with the special permit
           Appeals find that the proposed                   granting      authority     indicated
           accessory       use    does     not              heretofore. The application shall be
           substantially derogate from the                  filed on such forms and with such
           public good.                                     accompanying materials and in such
                                                            manner as prescribed in the rules of
   B. The Planning Board, upon written
                                                            the special permit granting authority
      application, may grant special permits
                                                            placed on file with the City Clerk by
      as hereinafter prescribed.
                                                            said special permit granting authority.
       (I) Special permits as prescribed in
                                                         B. Public hearing. A public hearing shall
           § 235-65      for    multifamily
                                                            be conducted by the special permit
           residential use in nonresidentially
                                                            granting authority within 65 days of
           zoned areas.
                                                            the filing of an application. The time
       (2) Special permits designated       as              and place of said hearing shall be fixed
           design    review     permits     as              by the special permit granting
           prescribed in § 235-66.                          authority, which will give notice, and
                                                            said notice shall include the name of
       (3) Special permits providing        for
                                                            the petitioner, a description of the area
           cluster     developments          as
                                                            or premises, the street address, if any,
           prescribed in § 235-67.
                                                            or other adequate identification of the
       (4) Special permits providing for                    area or premises which is the subject
           planned unit developments and                    of the hearing, the date, time and



                                                 23541                                   02 - 25 - 2006
§ 235-62                                MELROSE CODE                                      § 235-62


      place of the hearing, the subject                   final action upon an application for a
      matter sufficient for identification and            special permit within 90 days
      the nature of the action or relief                  following the date of the public
      requested.                                          hearing shall be deemed to be a grant
                                                          of the permit applied for. A notice of
   C. Notice. Notice of the public hearing
                                                          the decision shall be mailed to the
      shall appear in a newspaper of general
                                                          petitioner, abutters, owners of land
      circulation in the City. The first notice
                                                          directly opposite on any public or
      shall appear at least 14 days before
                                                          private street or way, owners of land
      the scheduled hearing date, and the
                                                          within 300 feet of property line, even if
      second notice shall appear in the
                                                          in adjoining cities or towns, the
      following week. In addition, notice of
                                                          Melrose Planning Board, the planning
      the hearing shall be posted in a
                                                          boards of adjoining cities or towns and
      conspicuous place in City Hall for 14
                                                          to persons present at the hearing so
      days prior to the scheduled hearing.
                                                          requesting notice of the decision.
      Mail notice is required to be sent to
                                                          Notice of the decision shall inform
      abutters as they appear on the most
                                                          recipients of appellate rights under
      recent tax list of Melrose and of
                                                          Section 14 of the Zoning Act.
      adjoining    cities   and    towns      if
      applicable, to owners of land directly           F. Vote. A concurring vote of all but one
      opposite on any public or private street            of the members of the Board of
      or way as they appear on the most                   Appeals is required to grant a special
      recent tax list, to owners of land                  permit or variance by said Board, and
      within 300 feet of the property line, to            two-thirds concurring vote of the
      the Melrose Planning Board and to the               Planning Board is required to grant a
      planning boards of adjoining cities and             special permit by said Board.
      towns.
                                                       G. Certification and recording of special
   D. Record. The public hearing shall be                 permit or variance. Any special permit
      open to the public and shall be                     or variance granted by a special
      conducted in a manner consistent with               permit granting authority shall be
      rules published by the special permit               certified by said authority and show
      granting authority. The special permit              the name and address of the
      granting authority shall cause to be                landowner or applicant if other than
      made a detailed record of its                       the owner. The notice of special permit
      proceedings and shall include in the                shall identify the land affected, set
      vote of each member on each question,               forth compliance with statutory
      including whether absent or not                     prerequisites and state that a special
      voting. The record shall state in detail            permit has been granted and certify
      the reasons for the decisions made and              that copies of the decision and all
      shall record any limitations or                     plans referred to in the decision have
      conditions, if any. A copy of the record            been filed with the City Clerk and the
      shall be filed with the City Clerk                  Planning Board. No variance or special
      within 14 days ofthe decision.                      permit, or any extension, modification
                                                          or renewal thereof, shall take effect
   E. Decision. The decision must be made
                                                          until a copy of the decision bearing the
      within 90 days after the date of the
                                                          certification of the City Clerk that 20
      public hearing, and failure to take
                                                          days have elapsed and no appeal has



                                               23542                                  02 - 25 - 2006
§ 235-62                                  ZONING                                  § 235-62


      been filed or, if such appeal has been         recording and indexed in the grantor
      filed, that it has been dismissed or           index under the name of the owner of
      denied is recorded in the Registry of
                                                                    (Cont'd on page 23543)
      Deeds with the date and time of such




                                           23542.1                             OZ - Z5 - Z006
§ 235-62                                     ZONING                                         § 235-63


      record or is recorded and noted on the             § 235-63. Findings by     special permit
      owner's certificate of title. A special                     granting          authority;
      permit granted under this chapter                           conditions.
      shall lapse in two years, which shall
                                                           A. Before granting an application for a
      not include such time required to
                                                              special permit, as allowed in
      pursue or await the determination of
                                                              § 235-61, the special permit granting
      an appeal, from the grant thereof, if a
                                                              authority, with dne regard to the
      substantial use thereof has not
                                                              nature and condition of all adjacent
      sooner commenced except for good
                                                              structures and uses and the district
      cause or, in the case of permit for
                                                              within which the same is located,
      construction, if construction has not
                                                              shall find all of the following general
      begun by such date except for good
                                                              conditions to be fulfilled:
      cause.
                                                              (1) The use requested is listed in the
   H. Reconsideration     of unfavorable
                                                                  Table of Use and Parking
      action.    Reconsideration          of
                                                                  Regulations as a special permit
      unfavorable action of a special permit
                                                                  in the district for which
      granting authority shall be made
                                                                  application is made or is so
      pursuant to Section 16 of the Zoning
                                                                  designated elsewhere in this
      Act and as noted in § 235-60C of this
                                                                  chapter.
      chapter.
                                                              (2) The requested use is essential or
   1. Appeal. Appeal from the decision of a
                                                                  desirable    to    the    public
      special permit granting authority
                                                                  convenience or welfare.
      shall be made only pursuant to
      Section 17 of the Zoning Act and as                     (3) The requested use will not create
      noted in § 235-60C ofthis chapter.                          undue traffic congestion or
                                                                  unduly impair pedestrian safety.
   J. Conclusive nature of grant of special
      permit. Notwithstanding defect in                       (4) The requested use will not
      notice, appeal in accordance with                           overload any public water,
      Section 17 of the Zoning Act shall                          drainage or sewer system or any
      constitute the exclusive remedy for                         other municipal system to such
      complaint against the granting of a                         an extent that the requested use
      special permit. In the case of defect in                    or any developed use in the
      notice,      complaint      must     be                     immediate area or in any other
      commenced within 90 days from the                           area of the city will be unduly
      time th<l decision is filed in the City                     subjected to hazards affecting
      Clerk's office.                                             health, safety or the general
                                                                  welfare.
(Ord. No. 16985C, 11-27-1972; Ord. No.
95-189, 5-1-1995; Ord. No. 02-066C,                           (5) Any special regulations for the
2-19-2002)                                                        use set forth in this article are
                                                                  fulfilled.
                                                              (6) The requested use will not
                                                                  impair the integrity or character
                                                                  of the district or adjoining




                                                 23543
§ 235-63                              MELROSE CODE                                         § 235-64


            districts nor be detrimental to                  for surface water drainage and all
            the health, morals or welfare.                   landscape features, such as fences,
                                                             walls, planting areas and walks. The
   B. The     special   permit    granting
                                                             special permit granting authority
      authority shall also impose, in
                                                             shall, within 10 days after receipt
      addition to any applicable conditions
                                                             thereof, transmit one copy of such
      specified in this chapter, such
                                                             plan to the Planning Board or, in the
      additional conditions as it finds
                                                             case where the Planning Board is the
      reasonably appropriate to safeguard
                                                             special permit granting authority, to
      the neighborhood or otherwise serve
                                                             the Board of Appeals. Said Board
      the purposes of tbis chapter,
                                                             may, in its discretion, investigate the
      including but not limited to the
                                                             case and report in writing its
      following: front, side or rear yards
                                                             recommendation to the special
      greater than the minimum required
                                                             permit granting authority.
      by this chapter; screening buffers or
      planting strips, fences or walls as                D. The     special   permit granting
      specified by the special permit                       authority shall not take final action
      granting authority; modification of                   on said plan until it has received a
      the exterior appearance of the                        report thereon from the Planning
      structures; limitation upon the size,                 Board (or from the Board of Appeals
      number of occupants, method and                       where the Planning Board is the
      time of operation, time duration of                   special permit granting authority) or
      permit or extent of facilities; and                   until said Planning Board (or Board
      regulation of number and location of                  of Appeals) has allowed 35 days to
      driveways or other traffic features                   elapse after receipt of such plan
      beyond the minimum required by                        without submission of a report
      this chapter. Such conditions shall be                thereon.
      imposed in writing, and the applicant
                                                       (Ord. No. 16985C, 11-27-1972; Ord. No.
      may be required to post bond or other
                                                       1650,5-4-1987)
      security for compliance with said
      conditions in an amount satisfactory
      to the special permit granting
                                                       § 235-64. Variances.
      authority.
                                                          A. As allowed in § 235-61A, the Board
   C. In order that the special permit
                                                             may authorize a variance for a
      granting authority may determine
                                                             particular use or parcel of land or to
      that the above-mentioned restrictions
                                                             an existing building thereon from the
      are to be met, a site plan or revised
                                                             terms of this chapter where, owing to
      site plan shall be submitted, in
                                                             conditions especially affecting such
      duplicate, to the special permit
                                                             parcel or such building but not
      granting authority by the applicant.
                                                             affecting generally the district in
      Said site plan shall show, among
                                                             which it is located, a literal
      other things, all existing and
                                                             enforcement of the provisions of this
      proposed buildings, structures,
                                                             chapter would involve substantial
      parking spaces, driveway openings,
                                                             hardship, financial or otherwise, to
      driveways, service areas and other
                                                             the appellant and where desirable
      open uses, all facilities for sewage,
                                                             relief may be granted without
      refuse and other waste disposal and



                                               23544
§ 235-64                                    ZONING                                          § 235-66


      substantial detriment to the public                         authorized       by    Planning
      good and without nullifying or                              Board.
      substantially derogating from the
                                                           A. General. Said permits may be
      intent or purpose ofthis chapter.
                                                              authorized where the public good
   B. Before any variance is granted, the                     would be served after a finding by the
      Board must find all of the following                    Planning      Board     that     such
      conditions to be present:                               nonresidentially zoned area would
                                                              not be adversely affected by such a
      (1) Conditions and circumstances
                                                              residential use and that permitted
          are unique to the applicant's lot,
                                                              uses in such a zone are not noxious to
          structure or building and do not
                                                              a multifamily use.
          apply to the neighboring lands,
          structures or buildings in the                   B. Location.    Special permits for
          same district.                                      multifamily residential use may be
                                                              applied for only within the BA-1 and
      (2) Strict   application    of the
                                                              BB-1 Zones.
          provisions of this chapter would
          deprive    the    applicant of                   C. Dimensional and density regulations.
          reasonable use of the lot,                          Under separate application, said
          structure or building in a                          permit may be applied for in
          manner equivalent to the use                        conjunction with a design review
          permitted to be made by owners                      permit.    Otherwise       all    other
          of their neighborhood lands,                        provisions of this chapter shall apply.
          structures or buildings in the
                                                        (Ord. No. 16985C, 11-27-1972)
          same district.
      (3) The unique conditions and
          circumstances are not the result              § 235-66. Design   review         permits
          of actions of the applicant taken                       authorized   by        Planning
          subsequent to the adoption of                           Board.
          this chapter.
                                                           A. General. The Planning Board, as the
      (4) Relief, if approved, will not cause                 special permit granting authority,
          substantial detriment to the                        may authorize a special permit
          public good or impair the                           designated a "design review permit"
          purpose and intent of this                          to increase the permissible density of
          chapter.                                            population or intensity of a particular
                                                              use in a proposed development,
      (5) Relief, if approved, will not
                                                              provided that the petitioner or
          constitute a grant of special
                                                              applicant shall, as a condition for the
          privilege inconsistent with the
                                                              grant of said permit, provide certain
          limitations upon other properties
                                                              open space, housing for persons of
          in the district.
                                                              low or moderate income, traffic or
COrd. No. 16985C, 11-27-1972)                                 pedestrian improvements or other
                                                              amenities.
                                                           B. Conditions. Conditions for the grant
§ 235-65. Multifamily residential use in
                                                              of said permit shall include at least
           nonresidentially zoned areas
                                                              one ofthe following:



                                                23545
§ 235-66                               MELROSE CODE                                       § 235-66


      (1) Provision of open space in such                      rearrangement of the building on
          amount and in such manner as                         the site, the massing of the
          the Planning Board shall                             building     in    relation     to
          require, which may include the                       surrounding properties and the
          preservation of open space                           protection of the city's heritage
          through placing of parking                           through preservation of historic,
          within or under the building,                        traditional or significant uses or
          also including the preservation                      structures, whether these exist
          of open space in its natural state,                  on the site or on adjacent
          insofar as practicable, the                          properties.
          minimizing of tree and soil
                                                        C. Location. Said design review permits
          removal and the maintenance of
                                                           may be applied for only in UR-D,
          change of grade in keeping with
                                                           BA-l and BB-1 Zones as located on
          the general appearance of
                                                           the Zoning Map.
          neighboring developed areas or,
          in areas where changes are                    D. Maximum      design   review    permit
          required,    the    prOVISIOn of                 increases.
          landscaping of parking areas and
                                                           (1) UR-D Zone and BB-l Zone:
          of the site.
                                                               (a) Lots under 20,000 square
      (2) Provisions of housing for persons
                                                                   feet: not applicable.
          of low or moderate income, as
          defined by the Federal Housing                       (b) Lots 20,000 to 30,000 square
          Authority, where such housing                            feet: Article VI dimensional
          constitutes at least 10% of the                          and density regulations for
          dwelling units.                                          UR-C Districts shall apply,
                                                                   with the exception of
      (3) Provision of such traffic or
                                                                   minimum lot area per
          pedestrian improvements as the
                                                                   dwelling unit and maximum
          Planning Board may require,
                                                                   stories, which shall be as
          including optimum size and
                                                                   determined by the Planning
          placement of entrances, ramps,
                                                                   Board, but not exceeding a
          walkways, drives, parking and
                                                                   floor area ratio of 1.5 and
          especially the location and
                                                                   further not exceeding a
          number of access points to public
                                                                   height of 62 feet.
          streets.      Additionally,
          consideration shall be given to                      (c) Lots over 30,000 square feet:
          the width of interior drives and                         Article VI dimensional and
          access points, general interior                          density regulations for UR-
          circulation,    separation     of                        C Districts shall apply, with
          pedestrian and vehicular traffic,                        the exception of minimum
          arrangement of parking areas                             lot area per dwelling unit
          and the protection of neighboring                        and     maximum      stories,
          properties.                                              which      shall    be     as
                                                                   determined by the Planning
      (4) Provision of other amenities as
                                                                   Board, but not exceeding a
          the Planning Board may require,
                                                                   floor area ratio of 1.75 and
          including the arrangement or



                                                23546
§ 235-66                                      ZONING                                       § 235-67


                further not exceeding        a            A. The tract of land in a single or
                height of 80 feet.                           consolidated ownership at the time of
                                                             application shall be at least 15 acres
      (2)   BA-l Zone:
                                                             in size and the plan of which shall be
            (a) Lots under 20,000 square                     subject to approval by the Planning
                feet: not applicable.                        Board under the Melrose Land
                                                             Subdivision Regulations.
            (b) Lots 20,000 square feet to
                50,000 square feet: Article               B. A site plan shall be presented to the
                VI dimensional and density                   Planning Board for the entire tract.
                regulations       for    UR-C
                                                          C. Each individual lot in the SR, SR-A
                Districts shall apply, with
                                                             and SR-B Districts shall be subject to
                the exception of minimum
                                                             all requirements for a one-family
                lot area per dwelling unit
                                                             detached dwelling in the UR-A
                and    maximum         stories,
                                                             District.
                which      shall      be    as
                determined by the Planning                D. The total number of proposed lots in
                Board, but not exceeding a                   the development within the SR
                floor area ratio of 2.0 and                  District shall not exceed the number
                further not exceeding a                      of lots which could be developed
                height of 80 feet.                           under      normal        application
                                                             requirements of the SR District. The
            (c) Lots over 50,000 square feet:
                                                             total number of proposed lots in the
                Article VI dimensional and
                                                             development within the SR-A District
                density regulations for UR-
                                                             shall not exceed the number of lots
                C Districts shall apply, with
                                                             which could be developed under
                the exception of minimum
                                                             normal application requirements of
                lot area per dwelling unit
                                                             the SR-A District. The total number
                and    maximum       stories,
                                                             of proposed lots in the development
                which      shall    be     as
                                                             within the SR-B District shall not
                determined by the Planning
                                                             exceed the number of lots which
                Board, but not exceeding a
                                                             could be developed under normal
                floor area ratio of 3.0 and
                                                             application ofthe requirements of the
                further not exceeding a
                                                             SR-B District. For purposes of this
                height of 80 feet.
                                                             subsection, it shall be assured that a
(Ord. No. 16985C, 11-27-1972)                                maximum of 80% of the total tract
                                                             area could be utilized to meet lot area
                                                             requirements.
§235-67. Cluster      residential
                                                          E. The proposed plan shall be in
         development.
                                                             accordance with the Melrose Future
   For single-family residential development                 Land Use Plan as last revised.
in a cluster pattern in the SR, SR-A and
                                                          F. The development shall be served by
SR-B Districts, subject to dimensional and
                                                             both public water and public
density regulation less than the minimum
                                                             sewerage systems.
reqnired for development of an individual lot
in the same district, the following conditions            G. The    minimum        open    space
shall apply:                                                 requirement shall be 50% of the total



                                                  23547
§ 235-67                                MELROSE CODE                                      § 235-68


      tract area. A portion of the open                     for the tract shall be subject to the
      space land, amounting to at least                     approval by the Planning Board
      10% of the total tract area, shall be                 under the Melrose Land Subdivision
      set aside as common land covenanted                   Regulations. The tract shall be at
      to be maintained as permanent open                    least 30 contiguous acres, which may
      space in private or cooperative                       be intersected by a street or streets.
      ownership. The form of covenant
                                                         B. The development may be totally new
      covering such common land shall
                                                            development or it may incorporate
      provide for its permanent ownership
                                                            existing development either in its
      and maintenance and shall be subject
                                                            present form or as altered through
      to the approval of the Planning Board
                                                            rehabilitation.
      and the City Solicitor. (With the
      consent of the Aldermen this common                C. The following uses          shall be
      land may be deeded to the city). This                 permitted:     residential, including
      commori land shall be of such a                       townhouses        and     multifamily
      physical character and appropriately                  dwellings;     community     facilities
      planned so as to be of use to the                     (religious       or     educational;
      residents ofthe cluster development.                  membership club for exclusive use of
                                                            the residents of the planned unit
   H. Such common land shall be deeded to                   development; public recreation or
      the city or permanently covenanted
                                                            open space; fire station); public
      simultaneously with the Planning
                                                            transportation terminal facility; and
      Board's approval of the definitive
                                                            business establishments         selling
      subdivision plan.
                                                            convenience goods such as food, drugs
   1. Such common land shall be restricted                  and proprietary goods; general
      to open space recreational uses, such                 merchandise such as dry goods,
      as tot-lot, park, playground, play                    apparel and accessories, hardware,
      field, golf course or conservation area.              home furnishings and similar items;
                                                            personal and consumer services es-
   J. Such common land shall            have
                                                            tablishments; and medical, other
      suitable access to a street.
                                                            professional and business offices,
(Ord. No. 16985C, 11-27-1972; Ord. No.                      including financial, insurance and
18566,12-2-1974)                                            real estate offices.
                                                         D. A maximum of 5% of the total
                                                            residential gross floor area at anyone
§ 235-68. Planned unit development in
                                                            time may be devoted to business
           the SR-A District.
                                                            gross floor area.
  For development in a planned unit
                                                         E. The    minimum        open     space
concept in the SR-A District for uses
                                                            requirements shall be as follows:
including,   among others, residential,
                                                            percent of total tract area: 60%;
business and institutional and not subject to
                                                            percent of developed area: 20%. A
the Table of Dimensional and Density
                                                            portion of the open space land,
Regulations, the following conditions shall
                                                            amounting to at least 10% of the total
apply:
                                                            tract area, shall be set aside as
   A. The tract shall be in single or                       common land covenanted to be
      consolidated ownership, and the plan                  maintained as permanent open space



                                                 23548
§ 235-68                                    ZONING                                      § 235-68


      in private or cooperative ownership.                 (3) All principal buildings shall be
      The form of covenant covering such                       at least 15 feet from any common
      common land shall provide for its                        parking area.
      permanent        ownership      and
                                                        1. Buildings of greater height than
      maintenance and shall be subject to
                                                           eight stories may be allowed only as
      the approval of the Planning Board
                                                           long as the minimum distances
      and the City Solicitor (with the
                                                           required in Subsection H(l) and (2)
      consent of the Aldermen, this
                                                           above are increased by one foot for
      common land may be deeded to the
                                                           each two feet of height over 80 feet.
      city). This common land shall be of
      such a physical character and                     J. The development shall be served by
      appropriately planned so as to be of                 both public water and public
      use to the residents and patrons of                  sewerage systems.
      the development.
                                                        K. The principal streets shall be offered
   F. The remaining land area may be                       for acceptance as public ways. Where
      developed for residential, community                 retained as private ways, they shall
      facilities and business uses. In                     be posted as such by standard street
      considering the application, the                     signs.
      Planning Board should determine the
                                                        L. A location plan at a scale of one inch
      need for sites for community facilities
                                                           equals 650 feet shall be submitted.
      such as schools, playgrounds, fire
      stations and the like. Where such a               M. A site plan for the entire tract at a
      need is found, appropriate sites                     scale of one inch equals 40 feet,
      within the development shall be set                  prepared by a recognized land
      aside.                                               planner, registered architect or
                                                           registered professional engineer,
   G. The residential density shall not
                                                           shall be submitted to the Plauning
      exceed 20 dwelling units per acre of
                                                           Board in duplicate and shall show, in
      the total tract area.
                                                           addition to other items as may be
   H. The locations of buildings shall be                  required by the Planning Board, at
      governed by the following:                           least the following:
      (1) All buildings shall be at least                  (1) Two-foot contours on the tract
          one foot from any lot line for                       and within 50 feet thereof.
          each foot of building height, but
                                                           (2) The location and acreage of
          in no case shall any building be
                                                               areas to be devoted to specific
          closer than 15 feet to any lot
                                                               uses.
          line.
                                                           (3) Existing and proposed streets,
      (2) All principal buildings shall be
                                                               parking, drainage and utility
          at least 24 feet apart, except that
                                                               systems.
          where building heights exceed 40
          feet, these distances shall be                   (4) Proposed residential density of
          increased by one foot for each                       development in terms of dwelling
          foot of height over 40 feet.                         units per acre and type and
                                                               proposed business uses in square
                                                               footage and types.



                                                23549
§ 235-68                              MELROSE CODE                                       § 235-69


      (5) A separate plan showing the                     present form or as altered through
          location of parks, open recreation              rehabilitation.
          areas and other open spaces,
                                                       C. The following        uses   shall be
          schools     and other public
                                                          permitted: residential,      including
          community uses.
                                                          townhouses         and    multifamily
      (6) A plan for landscaping, including               dwellings;     community      facilities
          existing natural features and                   (religious        or   educational;
          proposed landscaping, prepared                  membership club for exclusive use of
          by a registered landscape                       the residents of the planned unit
          architect.                                      development; public recreation or
                                                          open space; fire station); public
   N. The development plan shall be
                                                          transportation terminal facility; and
      consistent with the Melrose Future
                                                          business establishments limited to
      Land Use Plan as last revised.
                                                          the following business uses: retail es-
   O. Signs shall be governed by the                      tablishments selling convenience
      regulations of Article VII as applied               goods such as food, drugs and
      to the use in the planned unit                      proprietary         goods;    general
      development, except that projecting                 merchandise such as dry goods,
      signs shall not be permitted.                       apparel and accessories, hardware,
                                                          home furnishings and similar items;
(Ord. No. 16985C, 11-27-1972)
                                                          personal and consumer services es-
                                                          tablishments; and medical, other
                                                          professional and business offices,
§ 235-69. Planned unit development in
                                                          including financial, insurance and
           the lJR..B, UR-C and UR-D
                                                          real estate offices.
           Districts.
                                                       D. A maximum of 5% of the total
   For development in a planned unit
                                                          residential gross floor area at anyone
concept in the DR-B, DR-C and DR-D
                                                          time may be devoted to business floor
Districts for uses including, among others,
                                                          area.
residential, business and institutional and
not subject to the Table of Dimensional and            E. For a planned unit development
Density Regulations,        the    following              where the tract includes land in both
conditions shall apply:                                   the residential districts and the
                                                          business districts under § 235-70, the
   A. The tract shall be in single or
                                                          proportion of any type of development
      consolidated ownership, and the plan
                                                          at anyone time shall be computed by
      for the tract shall be subject to the
                                                          applying the limits of Subsection D
      approval by the Planning Board
                                                          above to that portion of the total tract
      under the Melrose Land Subdivision
                                                          in the residential district and by
      Regulations. The tract shall be at
                                                          applying the limits of § 235-70D to
      least five contiguous acres, which
                                                          that portion of the total tract in the
      may be intersected by a street or
                                                          business district. However, the
      streets.
                                                          location of each type of use shall not
   B. The development may be totally new                  be restricted by the zoning boundary.
      development or it may incorporate
                                                       F. The    minimum     open    space
      existing development either in its
                                                          requirements shall be as follows:



                                               23550
§ 235-69                                    ZONING                                        § 235-69


      percent of total tract area: 20%;                         where building heights exceed 40
      percent of developed area: 10%. A                         feet, these distances shall be
      portion of the open space land,                           increased by one foot of height
      amounting to at least 10% ofthe total                     over 40 feet.
      tract area, shall be set aside as
                                                           (3) All principal buildings shall be
      common land covenanted to be
                                                               at least 15 feet from any common
      maintained as permanent open space
                                                               parking area.
      in private or cooperative ownership.
      The form of covenant covering such                J. Buildings of greater height than
      common land shall provide for its                    eight stories may be allowed only as
      permanent        ownership       and                 long as the miuimum distances
      maintenance and shall be subject to                  required in Subsection 1(1) and (2)
      the approval of the Planning Board                   above are increased by one foot for
      and the City Solicitor (with the                     each two feet of height over 80 feet.
      consent of the Aldermen, this
                                                        K. The development shall be served by
      common land may be deeded to the
                                                           both public water        and     public
      city). This common land shall be of
                                                           sewerage systems.
      such a physical character and
      appropriately planned so as to be of              L. The principal streets shall be offered
      use to the residents and patrons of                  for acceptance as public ways. Where
      the development.                                     retained as private ways, they shall
                                                           be posted as such by standard street
   G. The remaining land area may be
                                                           signs.
      developed for residential, community
      facilities and business uses. In                  M. A location plan at a scale of one inch
      considering the application, the                     equals 650 feet shall be submitted.
      Planning Board should determine the
                                                        N. A site plan for the entire tract at a
      need for sites for community facilities
                                                           scale of one inch equals 40 feet,
      such as schools, playgrounds, fire
                                                           prepared by a recognized land
      stations and the like. Where such a
                                                           planner, registered architect or
      need is found, appropriate sites
                                                           registered professional engineer,
      within the development shall be set
                                                           shall be submitted to the Planning
      aside.
                                                           Board in duplicate and shall show, in
   H. The residential density shall not                    addition to other items as may be
      exceed 60 dwelling units per acre of                 required by the Planning Board, at
      the total tract area.                                least the following:
   1. The locations of buildings shall be                  (1) Two-foot contours on the tract
      governed by the following:                               and within 50 feet thereof.
      (1) All buildings shall be at least                  (2) The location and acreage of
           one foot from any lot line for                      areas to be devoted to specific
           each foot of building height, but                   uses.
           in no case shall any building be
                                                           (3) Existing and proposed streets,
           closer than 15 feet.
                                                               parking, drainage and utility
      (2) All principal buildings shall be                     systems.
          at least 24 feet apart, except that



                                                23551
§ 235-69                                   MELROSE CODE                                          § 235-70


       (4) Proposed residential density of                   § 235-70. Planned unit development in
            development in terms of dwelling                           the EA, EA-I, RR, EE-I, BC
            units per acre and type and                                and ED Districts.
            proposed business uses in square
                                                                For development in a planned unit
            footage and types.
                                                             concept in the BA, BA-I, BR, BB-l, BC and
       (5) A separate plan showing the                       BD Districts for uses including, among
           location of parks, open recreation                others,     residential,    business     and
           areas and other open spaces,                      institutional and not subject to the Table of
           schools     and    other    public                Dimensional and Density Regulations, the
           community uses.                                   following conditions shall apply:
       (6) A plan for landscaping, including                    A. The tract shall be in single or
           existing natural features and                           consolidated ownership, and the plan
           proposed landscaping, prepared                          for the tract shall be subject to the
           by a registered landscape                               approval by the Planning Board
           architect.                                              under the Melrose Land Subdivision
                                                                   Regulations. The tract shall be at
   O. The development plan shall be
                                                                   least five contiguous acres, which
      consistent with the Melrose Future
                                                                   may be intersected by a street or
      Land Use Plan as last revised.
                                                                   streets.
   P. The off-street parking requirements
                                                                B. The development may be totally new
      may be reduced where a common
                                                                   development or it may incorporate
      parking area(s) serves a c1uster(s) of
                                                                   existing development either in its
      business development. However,
                                                                   present form or as altered through
      reduction      in  parking     space
                                                                   rehabilitation.
      requirements shall not exceed more
      than 10% of those required under                          C. The following uses shall be
      normal      application    of     the                        permitted: residential, including
      requirements set forth elsewhere in                          townhouses      and     multifamily
      this chapter.6                                               dwellings; community facilities
                                                                   (religious      or    educational;
   Q. Signs shall be       governed by the
                                                                   membership club for exclusive use of
       regulations of Article VII as applied
                                                                   the residents of the planned unit
       to the use in the planned unit
                                                                   development; public recreation or
       development, except that projecting
                                                                   open space; fire station); public
       signs shall not be permitted.
                                                                   transportation terminal facility; and
(Ord. No. 16985C, 11-27-1972)                                      business establishments limited to
                                                                   the following business uses: retail es-
                                                                   tablishments selling convenience
                                                                   goods such as food, drugs and
                                                                   proprietary       goods;     general
                                                                   merchandise such as dry goods,
                                                                   apparel and accessories, hardware,
                                                                   home furnishings and similar items;
                                                                   personal and consumer services es-
                                                                   tablishments; and medical, other
6 Editor's Note: See Art. VIII, Off-Street Parking                 professional and business offices,
and Loading.



                                                     23552
§ 235-70                                     ZONING                                       § 235-70


      including financial,' insurance and                   facilities and business uses, In
      real estate offices,                                  considering the application, the
                                                            Planning Board should determine the
   D, A maximum of 20% of the total land
                                                            need for sites for community facilities
      area at anyone time may be devoted
                                                            such as schools, playgrounds, fire
      to residential use,
                                                            stations and the like, Where such a
   E. For   a planned unit development                      need is found, appropriate sites
      where the tract includes land in both                 within the development shall be set
      business districts and the residential                aside,
      districts    under    § 235-69,      the
                                                         H. The residential density shall not
      proportion of any type of development
                                                            exceed 60 dwelling units per acre of
      at anyone time shall be computed by
                                                            the portion of the total land area
      applying the limits of Subsection D
                                                            devoted to residential use,
      above to that portion of the total tract
      in the business district and by                    L The locations of buildings shall be
      applying the limits of § 235-69D to                  governed by the following:
      that portion of the total tract in the
                                                            (1) All buildings shall be at least
      residential district. However, the
                                                                one foot from any lot line for
      location of each type of use shall not
                                                                each foot of building height, but
      be restricted by the zoning district
                                                                in no case shall any building be
      boundary,
                                                                closer than 15 feet,
   F, The    minimum        open     space
                                                            (2) All principal buildings shall be
      requirements shall be as follows:
                                                                at least 24 feet apart, except that
      percent of total tract area: 10%;
                                                                where building heights exceed 40
      percent of developed area: 5%, A
                                                                feet, these distances shall be
      portion of the open space land,
                                                                increased by one foot for each
      amounting to at least 10% of the total
                                                                foot of height over 40 feet,
      tract area, shall be set aside as
      common land covenanted to be                          (3) All principal buildings shall be
      maintained as permanent open space                        at least 15 feet from any common
      in private or cooperative ownership,                      parking area,
      The form of covenant covering such
                                                         J, Buildings of greater height than
      common land shall provide for its
                                                            eight stories may be allowed only as
      permanent        ownership        and
                                                            long as the miuimum distances
      maintenance and shall be subject to
                                                            required in Subsection I(1) and (2)
      the approval of the Planning Board
                                                            above are increased by one foot for
      and the City Solicitor (with the
                                                            each two feet of height over 80 feet.
      consent of the Aldermen this common
      land may be deeded to the city), This              K. The development shall be served by
      common land shall be of such a                        both public water and public
      physical character and appropriately                  sewerage systems,
      planned so as to be of use to the
                                                         L. The principal streets shall be offered
      residents and patrons of the
                                                            for acceptance as public ways, Where
      development,
                                                            retained as private ways, they shall
   G, The remaining land area may be                        be posted as such by standard street
      developed for residential, community                  signs,



                                                 23553
§ 235-70                              MELROSE CODE                                            § 235-71


   M. A location plan at a scale of one inch                  reduction      in  parking   space
      equals 650 feet shall be submitted.                     requirements shall not exceed more
                                                              than 10% of those required under
   N. A site plan for the entire tract at a
                                                              normal      application    of the
      scale of one inch equals 40 feet,
                                                              requirements set forth elsewhere in
      prepared by a recognized land
                                                              this chapter 7
      planner, registered architect or
      registered professional engineer,                   Q. Signs shall be       governed by the
      shall be submitted to the Planning                      regulations of Article VII as applied
      Board in duplicate and shall show, in                   to the use in the planned unit
      addition to other items as may be                       development, except that projecting
      required by the Planning Board, at                      signs shall not be permitted.
      least the following:
                                                       (Ord. No. I6985C, 11-27-1972)
      (1) Two-foot contours on the tract
          and within 50 feet thereof.
                                                       § 235-71. P I ann e d           business
      (2) The location and acreage of
                                                                 development.
          areas to be devoted to specific
          uses.                                           For the planned business development of
                                                       land in the BA, BA-1, BB, BB-I, BC, BD,
      (3) Existing and proposed streets,
                                                       UR-C and UR-D Districts, the development
          parking, drainage and utility
                                                       shall be subject to all regulations of this
          systems.
                                                       chapter, except that the following shall be
      (4) Proposed residential density of              allowed through grant of a special permit for
          development in terms of dwelling             the planned business development by the
          units per acre and type and                  Planning Board: building coverage greater
          proposed business uses in square             than the maximum building coverage
          footage and types.                           permitted in the Table of Density and
                                                       Dimensional      Regulations,       parking
      (5) A separate plan showing the
                                                       requirements less than the parking
          location of parks, open recreation
                                                       requirements contained in Article VIII and
          areas and other open spaces,
                                                       additional uses as provided for below,
          schools     and other       public
                                                       provided that:
          community uses.
                                                          A. The tract in single or consolidated
      (6) A plan for landscaping, including
                                                             ownership at the time of application
          existing natural features and
                                                             shall be at least three contiguous
          proposed landscaping, prepared
                                                             acres in size. A development plan
          by a registered landscape
                                                             shall be presented for the entire
          architect.
                                                             tract.
   O. The development plan shall be
                                                          B. Regardless of the zone in which a
      consistent with the Melrose Future
                                                             planned business development is
      Land Use Plan as last revised.
                                                             located, all of the uses listed in the
   P. The off-street parking requirements                    Table of Use and Parking Regulations
      may be reduced where a common
      parking area(s) serves a cluster(s) of
      business development. However,                   7 Editors Note~ See Art. VIII, Off·Street Parking
                                                       and Loading.



                                               23554
§ 235-71                                   ZONING                                     § 235-71.1




      in Article V under the categories             G. The development plan shall be
      "community facilities," "retail service          consistent with the Melrose Future
      commercial,"            "wholesale,              Land Use Plan as last revised.
      transportation and industrial" and
                                                    H. The development shall be served by
      "accessory use" shall be permitted in a
                                                       both public water and public sewerage
      planned     business      development
                                                       systems, both of which must be
      provided the specific uses are approved
                                                       adequate to accept the proposed
      by the Planning Board when the
                                                       development.
      development pIau for the planned
      business development is approved.             1.   Signs shall be governed by the
                                                         regulations of Article VII, except that
   C. Uses may be contained in one
                                                         prQjecting signs shall not be permitted.
      continuous building or in groupings of
      buildings. The Planning Board shall           J. The plan shall provide for adequate
      review the site plan with respect to               access in relation to the anticipated
      safety of the users of the development             traffic generation by the proposed
      and furtber with respect to the overall            development.
      intent of this section. The development
                                                    K. The plan shall be evaluated with
      of one continuous building or the
                                                       respect to its impact upon the
      development of a grouping of buildings
                                                       neighborhood, its effect on City
      may be served by one common parking
                                                       services such as fire protection and its
      area and by common exit and entrance
                                                       overall demands on the City. The
      areas, in which case a reduction in the
                                                       design of each building in a planned
      parking area may be allowed.
                                                       business    development      shall   be
   D. The minimum open space requirement               reviewed and approved by the
      shall be 5%.                                     Planning Board to ensure that it is
                                                       reasonably appropriate in relation to
   E. As part of the approval of any planned
                                                       the approved plan.
      business development, the Planning
      Board shall review plans and may          (Ord. No. 16985C, 11-27-1972; Ord. No. 1650,
      issue a special permit for accessory      5-4-1987)
      parking for compliance with Article
      VIII of this chapter. Where conditions
      unique to a planned business              § 235-71.1. Smart Growth District.
      development so justify, the Planning
                                                    A. Purpose. The purposes of the Smart
      Board may grant a maximum of a ten-
                                                       Growth District are:
      percent reduction of the parking space
      requirements indicated in the Table of             (1)   To promote economic development
      Off-Street Parking Regulations.                          and neighborhood revitalization
                                                               through the redevelopment and
   F. A site plan shall be presented for the
                                                               reuse of industrial buildings and
      entire tract showing two-foot finished
                                                               related sites;
      contours, existing and proposed
      drainage, sewerage, water, parking                 (2) To provide housing options which
      and street access. A separate plan for                 are sufficient to meet the needs of
      landscaping shall be presented.



                                            23555                                    07 - 20 - 2008
§ 235-7l.l                               MELROSE CODE                                      § 235-7l.l


             households at varying income                 (4) An SGD project shall be subject to
             levels and different stages oflife;              site plan review under § 235-16.l.
                                                              Site plan review approval for an
      (3) To     promote     high-quality,
                                                              SGD project is contingent upon
          sustainable design that reinforces
                                                              the Planning Board, acting as the
          and     enhances    neighborhood
                                                              Site Plan Review Committee,
          identity and minimizes negative
                                                              finding that the requirements of
          impacts on the environment;
                                                              this § 235-71.1 are met in addition
      (4)    To create a pedestrian-friendly                  to the site plan review criteria
             environment      that    promotes                described in § 235-16.l.
             walking, bicycling and transit use,
                                                       C. Establishment       of   Smart     Growth
             and encourages reduced vehicle
                                                          District.
             ownership; and
                                                          (1) The Smart Growth District (SGD)
      (5) To promote a mix of compatible
                                                              is established as an overlay
          uses.
                                                              district that may be applied to
   B. Definition and applicahility.                           land in the Industrial-A District
                                                              as described herein, which is
      (1)    A Smart Growth District Project
                                                              referred to herein as the
             (SGD Project) is a development
                                                              "underlying district." When a
             that complies with all the
                                                              parcel is placed within the SGD, it
             provisions of this § 235-7l.1,
                                                              also remains in the underlying
             including provisions relating to
                                                              Industrial-A District, and must
             uses, density, site and building
                                                              comply with the regulations of the
             dimensions, off-street parking,
                                                              Industrial-A District except as
             building design, lighting, and
                                                              specifically modified by this
             signs.
                                                              § 235-7l.l.
      (2) This § 235-71.1 includes use,
                                                          (2) The Smart Growth District
          dimensional and other regulations
                                                              includes the following parcels,
          that may modify the requirements
                                                              identified by Assessors Map and
          of the underlying district(s) for an
                                                              lot numbers as of January 1, 2007:
          SGD project. Any requirement of
          the Zoning Ordinance that is not                     Map        Lots
          specifically modified by this                         B1        5
          § 235-7l.1 shall remain in effect
          for an SGD project.                                   B2        16-18,17,19,20,21,
                                                                          35,36,37
      (3) The provisions of this § 235-7l.1
          shall apply only to an SGD                            B3        57,58, 58A, and the
          project. Any building, structure or                             private way known as
                                                                          "Stone Place"
          use of land that is not part of an
          SGD project shall conform to the                    This list of parcels is intended to
          regulations and requirements                        include all properties shown on
          applicable to the underlying                        the Melrose Zoning Map as the
          districts without modification by                   Industrial-A District located on
          this § 235-7l.l.                                    lower Washington Street.
                                                       D. Permitted uses.



                                               23556                                   07 - 20 -. 2008
§ 235-7l.l                                          ZONING                                       § 235-71.1


      (1)    An SGD project may include, and                                engineers,   and   real   estate
             shall be limited to, the following                             offices;
             permitted uses, alone or in
                                                                       (e) Banks       and      financial
             combination:
                                                                           institutions;
             (a) Multifamily   residential,
                                                                       (D   Restaurants, coffee shops,
                 including townhouses and
                                                                            and similar establishments
                 apartment buildings and
                                                                            selling prepared food to be
                   including     accessory        uses
                                                                            consumed on or off site;
                   thereto;
                                                                       (g) Studios of artists or artisans,
             (b) Retail establishments selling
                                                                           including persons engaged in
                 convenience goods, such as
                                                                           the application, teaching, or
                 food, drugs and proprietary
                                                                           performance of fine arts, such
                 goods,      or    general
                                                                           as, but not limited to,
                   merchandise,      such    as   dry
                                                                           drawing       or    painting,
                   goods,      apparel      and
                                                                           sculpture,        vocal      or
                   accessories, hardware, home
                                                                           instrumental      music~     or
                   furnishings    and    similar
                                                                           writing; and including tbe
                   items, provided that no
                                                                           accessory sale of art produced
                   individual    establishment,
                                                                           on the prelnises;
                   except     such   businesses     In
                   existence in the Industrial-A                       (h) Live/work space, combining a
                   District at the time of the                             dwelling    unit   with    an
                   effective   date    of    this                          integrated     work     space
                   § 235-71.1,   shall    exceed                           principally used by one or
                   15,000 square feet gross floor                          more of the residents of the
                   area;                                                   unit.
             (c)   Personal     and    consumer                  (2) An SGD project may include more
                   services     establishments,                      than one principal structure on a
                   including beauty and barber                       single lot, provided that the
                   shops, clothing rental, dry                       Planning Board finds through the
                   cleaning     pickup    shops,                     site plan review process that safe
                   garment repair, tailors, and                      and convenient access will be
                   similar businesses providing                      provided to all structures.
                   frequent or recurrent services
                                                                 (3) An SGD project shall not include
                   related to personal needs,
                                                                     any use which consists of drive-
                   and including accessory retail
                                                                     through service, whereby a
                   sales of products related to
                                                                     product or service is provided to a
                   the services offered at such
                                                                     person who remains in a vehicle.
                   consumer serVIces establish-
                   ments;                                     E. Dimensional and density regulations.
             (d) Professional and business                       (1)   Lot area and frontage. An SGD
                 offices, including, but not                           project shall have a minimum lot
                 limited to, medical, legal,                           area of one-half (.5) acres and a
                 insurance,       architects,                          minimum frontage on a public
                                                                       way of at least 100 feet.



                                                    23556.1                                    07 - 20 - 2008
§ 235-71.1                                MELROSE CODE                                  § 235-7l.1


      (2) Yards.                                                         landscaped to create a
                                                                         separation   from     the
             (a) Minimum yards: Each lot
                                                                         street, to provide shade,
                 within the SGD project shall
                                                                         to reduce noise, and to
                 comply with the following
                                                                         mitigate fUInes.
                 requirements:
                                                                   [3] At least 60% of the front
                 [1] Minimum front yard: 15
                                                                       side of a lot facing a
                     feet from the lot line.
                                                                       public street, measured
                 [2] Minimum side yard: 12                             in percentage of linear
                     feet from the lot line.                           feet of the frontage, shall
                                                                       be occupied by buildings
                 [3]   Minimum rear yard:
                                                                       or open space.
                       [a] Abu t tin g          a
                                                               (c) The     Planning   Board   may
                           residential     zoning
                                                                   require, on the basis of site
                           district: 20 feet from
                                                                   plan review, an accessway to
                           the lot line.
                                                                   improve        pedestrian
                       [b] Not      abutting    a                  circulation and for public
                           residential     zoning                  safety access.
                           district: 15 feet from
                                                         (3)   Building separation. Buildings on
                           the lot line.
                                                               a single lot shall be at least 18
             (b) Maxim urn front yard:                         feet apart to provide adequate
                                                               separation for emergency access.
                 [1]   In order to define a
                       consistent building line          (4)   Development intensity.
                       along the street, new
                                                               (a) The maximum residential
                       buildings shall not be set
                                                                   density of an SGD project
                       back more than 20 feet
                                                                   shall be 35 dwelling units per
                       from the front property
                                                                   acre.
                       line.
                                                               (b) The maximum floor area ratio
                 [2] The maximum front yard
                                                                   (FAR) of an SGD project shall
                     may be increased to 30
                                                                   be l.25, plus 0.05 for each
                     feet, provided that the
                                                                   l.0% of total floor area
                     additional yard      area
                                                                   devoted to commercial uses,
                     incorporates a courtyard
                                                                   but shall not exceed a
                     or sitting area at least
                                                                   maximum FAR of2.0.
                     1,500 square feet in area
                     and at least 20 feet deep           (5)   Open space.
                     that adjoins and is open
                                                               (a) An SGD project shall include
                     on one or more sides to
                                                                   open space at least equal to
                     the public sidewalk; is
                                                                   the percentage of total lot
                     open to the public for
                                                                   area as set forth below:
                     exclusive      use     by
                     pedestrians;    contains                      [1] An SGD project that
                     pedestrian     amenities                          involves      only    the
                     such as seating; and is                           rehabilitation of an SGD



                                               23556.2                                07 - 20 - 2008
§ 235-71.1                                     ZONING                                 § 235-7l.l


                       landmark building, as                          unit shall be decreased
                       defined in § 235-71.1,                         by 5% for each 1% by
                       Subsection         G(2),                       which the open space on
                       provided that there is no                      the lot exceeds the
                       increase in the footprint                      minimum      requirement
                       of the building and the                        stipulated in Subsection
                       gross   floor   area    IS                     E(5)(a).
                       increased by no more
                                                         (6) Building and structure height.
                       than 50%: 10%.
                                                             (a) The maximum permitted
                 [2] An SGD project that
                                                                 height for buildings in an
                     involves             the
                                                                 SGD project shall be 60 feet,
                     rehabilitation of an SGD
                                                                 except as follows:
                     landmark       building,
                     regardless of increase in                    [1] No part of a building
                     footprint or floor area,                         that is less than 40 feet
                     and may include new                              from a front lot line shall
                     construction: 25%.                               exceed a height of 50
                                                                      feet.
                 [3J Any other SGD project:
                     35%.                                         [2] No part of a building
                                                                      that is less than 40 feet
             (b) The open space requirement
                                                                      from a side lot line
                 shall apply to the SGD
                                                                      abutting a residential
                 project as a whole, regardless
                                                                      district shall exceed a
                 of whether the SGD project
                                                                      height of 50 feet.
                 consists of a single lot or
                 multiple lots.                                   r31 No part of a building
                                                                      that is less than 50 feet
             (c) In    recognition  of   the
                                                                      from the rear lot line
                 increased open space and
                                                                      abutting a residential
                 recreation demands that will
                                                                      district shall exceed 40
                 result from new residential
                                                                      feet. No part of a
                 development, an SGD project
                                                                      building that is less than
                 shall also contribute to the
                                                                      100 feet from a rear lot
                 city's off-site public open
                                                                      line     abutting        a
                 space as follows:
                                                                      residential district shall
                 [I]   Upon      recelvmg       a                     exceed a height of 50
                       building permit for any                        feet.
                       residential units in an
                                                                  [4J No part of a building
                       SGD      project,     the
                                                                      shall have a height that
                       applicant shall make a
                                                                      is greater than its
                       contribution to the city's
                                                                      distance to the front lot
                       Open Space Fund in the
                                                                      line of any residentially
                       amount of $1,100 per
                                                                      zoned property on the
                       dwelling unit.
                                                                      opposite side of the
                 [2] The Open Space Fund                              street, less 25 feet. [For
                     contribution per dwelling                        example, if the street



                                               23556.3                              07 - 20 - 2008
§ 235-71.1                              MELROSE CODE                                     § 235-71.1


                      right-of-way is 45 feet                        than 28 feet in height to the
                      and the building in an                         deck of the highest parking
                      SGD project is set back                        area.
                      15 feet from the property
                                                           (7) Building coverage. The maximum
                      line,    the   maximum
                                                               permitted     coverage     by    all
                      height at that point shall
                                                               buildings in an SGD project shall
                      be (45+15)-25 = 35 feet.l
                                                               be 50%. This requirement shall
             (b) The height of a building or                   apply to the SGD project as a
                 structure in the SGD shall be                 whole, regardless of whether the
                 defined as the vertical                       SGD project consists of a single lot
                 distance from the average                     or multiple lots.
                 grade of Washington Street,
                                                           (8) Existing nonconforming buildings.
                 along the frontage of the lotls
                                                               An SGD prqject may include a
                 of the SGD project at the time
                                                               building in existence on the
                 of the site plan review
                                                               effective date of this § 235-7l.1
                 application, to the top of the
                                                               which does not conform to the
                 structure of the highest roof
                                                               requirements     set   forth   in
                 beams of a flat roof, the deck
                                                               § 235-71.1E relating to minimum
                 of a mansard roof or the
                                                               or maximum front yard, minimum
                 mean level of the highest
                                                               side yard, maximum building
                 gable or slope of a hip roof.
                                                               height, or minimum building
                 This shall supersede the
                                                               separation. No change shall be
                 definition of "height" III
                                                               made to lot lines, building
                 § 235-5 for an SGD project.
                                                               footprint or building height that
             (c) A     roof     appurtenance                     further   Increases   any      such
                 enclosing        mechanical                     nonconformity     unless     the
                 equipment may exceed the                        Planning Board determines, based
                 applicable maximum building                     on site plan review, that such
                 height     established      by                  change is necessary for structural
                 Subsection E(6)(a)       above                  or access reasons or to meet the
                 provided that 1) it is no more                  design standards ofthis section.
                 than 10 feet above the roof
                                                        F. Off-street parking.
                 surface, 2) it is no less than
                 10 feet from the exterior wall            (1) Off-street parking spaces shall be
                 of the building, and 3) the                   provided as follows:
                 total horizontal area of all
                                                   Use                 Spaces Required
                 such appurtenances does not
                 exceed 20% of the building        Residential         1.0 per studio or one-
                 footprint.                                            bedroom dwelling unit
                                                                       1.5 per two-bedroom
             Cd) Parking    structures     not                         dwelling unit
                 integrated into a building                            2.0 per three-bedroom
                 prim arily    for    h urn an                         dwelling unit
                 occupation shall be no more                           1.0 visitor space per
                                                                       10 residential units




                                              23556.4                                  07 - 20 - 2008
§ 235-71.1                                     ZONING                                   § 235-71.1


Office and retail                                              [2]   From an internal way
  Ground floor 1.0 per 350 sq. ft.                                   (not to include parking
                       gross floor area                              lot drive aisles): 10 feet.
  Floors above         1.0 per 500 sq. ft.
  ground level         gross floor area                        [3]   From a structure: 10 feet
      (2) Notwithstanding § 235-73.1C(l),                      [4]   From a side or rear lot
          the overall off-street parking                             line where the abutting
          requirement (total parking spaces                          property is within the SG
          divided by total dwelling units)                           District notwithstanding
          may be less than 1.5 per unit but                          any     other    setback
          shall not be less than 1.25 per                            prOVISIOn within this
          unit.                                                      Subsection A(5)(a): five
                                                                     feet.
      (3) On-street parking on public
          streets and internal ways may be                     [5]   From a lot line abutting
          permitted within the Smart                                 the railroad right-of-way:
          Growth District, provided that all                         five feet.
          necessary approvals are obtained,                    [6]   From any other side or
          but on-street parking on public                            rear lot line: 10 feet.
          streets shall not be used to meet
          the minimum requirements for off               (b) Parking  structures shall
          street parking.                                    conform to the following
                                                             minimum         setback
      (4) The Planning Board may allow                         requirements:
          shared        reduced    parking
          requirements for uses having                         [1]   From an internal way: 10
          different peak times of parking                            feet.
          demand         requirements,   as                    l2]   From a public street: 30
          determined based on the report of                          feet.
          a traffic engineer engaged by the
          applicant and approved by the                        [3]   From a side lot line: 12
          Planning Board as part of site                             feet.
          plan     review.   Where shared                      [4]   From a rear lot line:
          parking is to serve uses on
          separate lots, documentation shall                         [a]     Abu t tin g          a
          be provided establishing tbe                                       residential     zoning
          permanent legal right for such                                     district: 20 feet.
             shared use.                                             [b] Not      abutting    a
      (5) Parking setbacks:                                              residential     zoning
                                                                         district: 15 feet.
             (a) Surface parking areas shall
                 conform to the following                (c)   No surface parking area or
                 minimum         setback                       parking structure shall be
                 requirements:                                 closer to a public street than
                                                               the closest principal building.
                 [1]     From a public street: 30
                         feet.                           (d) The provisions of Subsection
                                                             F(5)(a), (b), and (c) above



                                               23556.5                                07 - 20 - 2008
§ 235-71.1                                  MELROSE CODE                             § 235-71.1


                   shall not apply to SGD                        aluminum and       vinyl,   are
                   projects that are limited to                  discouraged.
                   the    rehabilitation   of a
                                                           (c)   Building      facades  shall
                   building or buildings in
                                                                 articulate the line between
                   existence at the time of
                                                                 the ground and upper levels
                   adoption of this amendment
                                                                 with a cornice, canopy,
                   and that do not include the
                                                                 balcony, arcade, or other
                   construction of new buildings.
                                                                 visual device.
         (6) Bicycle parking facilities or
                                                           (d) Building facades facing public
             storage shall be provided as
                                                               streets or Stone Place, or
             follows, assuming one space
                                                               within 30 feet of main
             accommodates one bicycle:
                                                               entrances, shall reflect a high
Use             Bicycle Parking Required                       level of detail refinement.
Residential 1.0 space per 20 dwelling units                (e) Building facades more than
                                                               50 feet in length shall be
Office          2.0 spaces per 10,000 sq. ft.                  divided into shorter segments
                gross floor area                               by means of changes in
Retail          2.0 spaces per 10,000 sq. ft.                  materials, varying roofiines
                gross floor area                               or    other     architectural
                                                               treatments.
   G. Design standards. AIl SGD projects
      shall comply with the following design               (D    Rooftop building systems,
      standards, unless the Planning Board                       such as mechanical and
      finds, through site plan review, any                       electrical equipment        and
      standard to be inappropriate for the                       antennas, shall be screened
      proposed use.                                              with        appropriate
                                                                 architectural elements from
         (1)   Building design.                                  all key observation points.
               (a) New buildings shall be                  (g) New       buildings       and
                   designed to be compatible                   renovations shall incorporate
                   with      SGD     landmark                  sustainable     design    and
                   buildings, as defined in                    construction    practices   as
                   Subsection G(2) herein, in                  governed by the Energy Star
                   terms of their massing, size,               Program to the          extent
                   scale,    and   architectural               reasonable; and developers
                   features.                                   are strongly encouraged to
               (b) Exterior materials that are                 receive US Green Building
                   primarily associated with                   Council LEED Rating for
                   domestic        residential                 their building.
                   buildings, such as wood                 (h) For new buildings containing
                   clapboards and shingles, or                 commercial uses, at least 60%
                   that      are     relatively                of the street-facing building
                   impermanent,       such     as              facade between two feet and
                   exterior insulation and finish              eight feet in height shall be
                   systems (EIFS), plywood,                    comprised of clear windows



                                                23556.6                            07 - 20 -2008
§ 235-71.1                                       ZONING                                § 235-71.1


                   that allow views of indoor                  (b) No SGD landmark building
                   space or product display                        shall be demolished.
                   areas. This requirement shall
                                                               (c) Any alteration or addition to
                   not apply       to   buildings
                                                                   a SGD landmark building
                   accessory to residential uses
                                                                   shall    not     modify     its
                   and not open to the general
                                                                   architectural features in such
                   public, such as clubhouses.
                                                                   a way as to impair or detract
             (i)   Buildings or building facades                   from the building's historic
                   sball     not    be    designed                 character.
                   primarily according to themes
                                                               (d) The Planning Board may
                   or architectural styles defined
                                                                   prohibit     alterations   or
                   by     or    associated    with
                                                                   additions to SGD landmark
                   corporate         chains      or
                                                                   buildings that it finds to be
                   franchises. The Planning
                                                                   materially inconsistent with
                   Board may prohibit designs
                                                                   this provision.
                   that it finds to be inconsistent
                   with this provision.                    (3) Landscaping.
      (2) Historic preservation.                               (a) Landscape materials shall be
                                                                   sustainable,       reqUIrIng
             (a) The following buildings or
                                                                   minimal       maintenance,
                 portions     of  buildings,
                                                                   irrigation or fertilizer, and
                 identified in Figure 1, are
                                                                   shall be planted with species
                 designated "SGD Landmark
                                                                   that are native to the area,
                 Buildings":
                                                                   tolerant of salt, and capable
                    A - 78 Stone Place                             of withstanding extreme
                    B         111    Washington                    weather conditions.
                    Street172 Stone Place                      (b) Street trees shall be planted
                    C - 99 Washington Street                       by the developer along all
                    D - 99B Washington Street                      public streets and internal
                                                                   ways within and abutting the
                                                                   property.
                                                                   [1] Trees shall be planted at
                                                                       intervals of no more than
                                                                       40 feet along both sides
                                                                       of the roadway. If the
                                                                       Planning          Board
                                                                       determines through site
                                                                       plan review that such
                                                                       spacing is not feasible, it
                                                                       may alter the spacing or
                                                                       determine that up to the
                                                                       equivalent number of
                                                                       trees shall be planted
                                                                       elsewhere on the site.




                                                 23556.7                              07 -20- 2008
§ 235-71.1                               MELROSE CODE                             § 235-71.1


                 [2] Trees shall be of a                      with the additional standards
                     species common to the                    set forth below.
                     area,   and shall be
                                                        (b) Sidewalks,        crosswalks,
                     appropriate species to
                                                            walkways,         or    other
                     provide summer shade,
                                                            pedestrian access shall be
                     winter light, and year-
                                                            provided to allow for safe and
                     round visual interest,
                                                            convenient access to adjacent
                 [3] Trees shall be 2 1/2                   properties    and     between
                     inches in caliper at four              individual buildings, parking
                     feet above grade, and                  areas and other points of
                     reach a height of at least             interest        within       a
                     30 feet at maturity.                   development. Sidewalks and
                                                            walkways          shall     be
             (c) All      dumpsters        and
                                                            constructed of cementitiollS
                 utility/service areas shall be
                                                            concrete    and     shall   be
                 screened      with   adequate
                                                            minimally       broken      by
                 plantings and/or landscape
                                                            vehicular access.
                 structures appropriate to the
                 scale and character of the             (c)   Pedestrian amenities, such as
                 neighborhood.                                benches,     planters,    trash
                                                              receptacles, walkways and
             (d) A landscaped buffer strip at
                                                              gardens,    etc.,   shall    be
                 least 10 feet in width shall be
                                                              provided along the sidewalks
                 provided along any lot line
                                                              of public streets and in open
                 that abuts a residential
                                                              space plazas.
                 zoning district. The buffer
                 strip    shall     contain    a        (d) All utilities servicing an SGD
                 vegetative screen not less                 project shall be placed
                 than three feet wide and six               underground,            unless
                 feet high relative to the lot              prohibited     by    a    utility
                 line,      designed        and             company. All utilities on new
                 maintained to provide a                    internal roadways servicing
                 dense screen year-round. The               an SGD project shall be
                 screen shall be planted with               placed      underground.      All
                 trees or shrubs no more than               utility      and      drainage
                 three feet on center. At least             requirements        shall     be
                 50% of the plantings shall                 approved as part of the site
                 consist     of     evergreens,             plan review process and not
                 distributed along the length               subject to any other sections
                 of the buffer strip.                       of the Zoning Ordinance.
      (4) General site design.                          (e) Off-street    parking     and
                                                            loading spaces, internal ways,
             (a) Roadways, sidewalks and
                                                            and maneuvering areas shall
                 other infrastructure shall be
                                                            be designed to provide for
                 designed in accordance with
                                                            adequate drainage, snow
                 the    City    of   Melrose's
                                                            storage     and      removal,
                 Subdivision Regulations, and



                                              23556.8                            07 - 20 -2008
§ 235-71.1                                         ZONING                                  § 235-71.1


                   maneuverability        and    curb                 the construction       of    new
                   cuts.                                              buildings.
             (D    Granite curbing shall be used                 (b) Parking structures and lots
                   along all roads and private                       shall have well-designed and
                   internal ways. Cementitious                       marked pedestrian walkways
                   concrete     curbing    may    be                 and connections to the
                   substituted      for    granite                   sidewalk system.
                   curbing in all other locations.
                                                                 (c ) Parking structures shall be
             (g) The number of driveway curb                          designed to be compatible
                 cuts along Washington and                            with adjacent buildings and
                 Pleasant Streets shall be kept                       architecture. All structured
                   to a minimum.                                      parking shall be designed so
                                                                      that the only openings at
             (h) Driveways        shall    be
                                                                      street level are those to
                 consolidated and aligned with
                                                                      accommodate vehicle ingress
                 existing   intersections   as
                                                                      and egress and pedestrian
                 feasible.
                                                                      access to the building. All
             (i)   Appropriate traffic control                        openings shall be designed so
                   devices, including signage,                        that vehicles are not visible
                   shall   be    installed  at                        from the sidewalk on a public
                   driveways.                                         street.
             (j)   Adequate sight distance shall             (6) Site lighting.
                   be provided at driveways.
                                                                 (a) Broad area lighting shall be
      (5) Parking.                                                   avoided.
             (a) Surface lots shall be screened                  (b) Parking lot pole lighting shall
                 along all public streets by a                       not exceed a height of 18 feet.
                 landscaped buffer not less
                                                                 (c) Lighting shall be installed
                 than six feet in depth, or by
                                                                      along   roadways~    driveways,
                 walls or fencing at least three
                                                                      pedestrian   walkways        and
                 feet high and compatible with
                                                                      sidewalks.
                 the adjacent architecture,
                 and shall be designed to                        (d) Lighting shall not create
                 ensure that lights from cars                        overs pill   onto   adjacent
                 within the surface lots do not                      properties or into the night
                 spill into adjacent streets and                     sky and shall meet the
                 properties. These provisions                        following requirements:
                 shall not apply to SGD
                                                                      [1] Any luminaire with a
                 projects that are limited to
                                                                          lamp or lamps rated at a
                 the     rehabilitation of a
                                                                          total of more than 1,800
                 building or buildings in
                                                                          lumens (and any flood or
                 existence at the time of the
                                                                          spot luminaires of more
                 effective    date     of    this
                                                                          than 900 lumens) shall
                 § 235-71.1 and do not include
                                                                          be of fully shielded
                                                                          (cutoff) design and shall



                                                   23556.9                                07 - 20 - 2008
§ 235-71.1                          MELROSE CODE                             § 235-71.1


                 not emit any direct light                   that it is aimed, directed,
                 above a horizontal plane                    or focused so as not to
                 passing through       the                   cause direct light from
                 lowest part of the light-                   the luminaire to be
                 emitting luminaire.                         directed         toward
                                                             buildings on adjacent or
             [2] Luminaires, regardless
                                                             nearby land, or to create
                 of lumen rating, shall be
                                                             glare     perceptible    to
                 equipped with whatever
                                                             persons operating motor
                 additional      shielding,
                                                             vehicles on public ways.
                 lenses, or cutoff devices
                 are required to eHminate           (e) Lamp type shall be selected
                 light trespass onto any                to provide a natural uniform
                 abutting lot or parcel and             quality of light, rather than a
                 to    eliminate      glare             strong color, such as yellow or
                 perceptible to persons on              blue.
                 abutting land.
                                                    (D The style of light poles and
             [3] Building facades may be                fixtures shall be compatible
                 illuminated with soft                  with the character of the area
                 lighting of low intensity              and     any    existing    city
                 that does not draw                     standards.
                 attention to the building.
                                                    (g) Parking and pedestrian light
                 The light source for the
                                                        fixtures shall be compatible
                 building         facade
                                                        with the building lighting to
                 illumination shall be
                                                        provide for a consistent
                 concealed.      Building
                                                        appearance of the project.
                 entrances       may     be
                 illuminated        using           Infrastructure.
                 recessed    lighting    in
                                                    (a) SGD        projects       shall
                 overhangs and soffits, or
                                                        demonstrate that adequate
                 by use of spotlighting
                                                        water supply and pressure
                 focused on the building
                                                        are    available,      adequate
                 entrances with the light
                                                        sewerage        capacity     is
                 source concealed (e.g., in
                                                        available,          adequate
                 landscaped areas). Direct
                                                        stormwater management is
                 lighting     of   limited
                                                        provided, traffic circulation
                 exterior building areas is
                                                        on site is safe and convenient
                 permitted          when
                                                        and the traffic flow and
                 necessary for security
                                                        circulation       at    nearby
                 purposes.
                                                        intersections is preserved,
             [4] A flood or spot luminaire              pursuant to the criteria
                 with a lamp or lamps                   stipulated     in    § 235-16.l.
                 rated at 900 lumens or                 Analysis and documentation
                 less may be used without               of compliance with these
                 restriction    to   light              standards shall be prepared
                 distribution,    provided              by    registered      engineers



                                         23556.10                          07 - 20 - 2008
§ 235-71.1                                   ZONING                               § 235-71.1


                 andlor    other   appropriate                public entrance may have one
                 professionals. When the size                 wall sign, attached and
                 and complexity of a proposal                 parallel   to   the   facade
                 for an SGD project warrants                  containing said entrance, as
                 an independent review of the                 follows:
                 impacts, the applicant will he
                                                              [lJ Maximum sign area: 50
                 responsihle for funding such
                                                                  square feet or 10% of the
                 independ.ent peer review.
                                                                  area of the facade
             (h) In cases where a specific SGD                    occupied by the business,
                 prqject would not otherwise                      whichever is less.
                 meet the above criteria, the
                                                              [2J Maximum      projection
                 developer shall implement
                                                                  from building wall: six
                 mitigation       measures    l
                                                                  inches.
                 including, hut not limited to,
                 improvements      to    public         (d) Within an SGD project, each
                 infrastructure, to adequately              business that has an exterior
                 address any deficiency.                    public entrance may have one
                                                            projecting    (blade)   sIgn,
      (8) Signs.
                                                            attached and perpendicular
             (a) An SGD project shall comply                to the facade containing said
                 with the provlslOns of this                entrance as follows:
                                                                       l

                 section, which supersede the
                                                              [1] Maximum height above
                 prOVlSIOns     of  §§ 235-27
                                                                  grade: 15 feet.
                 through 235-30 for SGD
                 projects only.                               [2J Minimum        clearance
                                                                  above grade: eight feet.
             (h) An SGD project may have up
                 to   two   standing     signs                [3J Maximum sign area: six
                 complying with the following                     square feet per side.
                 standards:
                                                              [4J Maximum      projection
                 [lJ Maximum height above                         from building wall: four
                     the sidewalk: six feet.                      feet.
                 [2J Maximum sign area: 40              (e) Signs in display windows
                     square feet per sign face.             may be permitted, provided
                                                            that such sign age shall not
                 [3J Minimum setback from
                                                            cover more than 10% of the
                     front lot line: 10 feet.
                                                            display window area and
                 [4J Minimum setback from                   shall be lighted only by
                     side lot line: 30 feet.                building      illumination
                                                            (stationary white light).
                 [5J Minimum      distance
                     between two standing               (f)   Signs may be illuminated
                     signs on the same lot:                   only by an external source of
                     300 feet.                                steady,     stationary   white
                                                              light, of reasonable intensity,
             (c) Within an SGD project, each
                                                              shielded and directed solely
                 business that has an exterior



                                             23556.11                           07 - 20 - 2008
§ 235-71.1                                MELROSE CODE                         § 235-71.1


                 at the sign, and not casting              [1] The limitations as to the
                 direct or reflected light off the             number       of    signs
                 premises. No sign shall be                    permitted does not apply
                 illnminated internally or                     to traffic or directional
                 from behind a translucent                     signs      which     are
                 sIgn face. All light fixtures                 necessary for the safety
                 shall either be decorative                    and      direction     of
                 (such as goose-neck lights) or                residents,    employees,
                 camouflages. Wiring sbould                    customers and visitors,
                 be concealed within building                  whether in a vehicle or
                 molding and lines.                            on foot, of any business,
                                                               industry or residence.
             (g) The   following  additional
                                                               Such signs shall not
                 signs are permitted in an
                                                               carry the name of any
                 SGD project:
                                                               business or product.
                 [1] Any traffic or directional
                                                           [2] The supporting members
                     sign owned and installed
                                                               for any sign shall be in
                     by    a    governmental
                                                               acceptable proportion to
                     agency.
                                                               the size of the sign.
                 [2] One unlighted temporary
                                                           [3] Any sign attached to a
                     sign offering premises for
                                                               building shall not extend
                     sale or lease for each
                                                               ahove the height of the
                     parcel in one ownership,
                                                               roof ofthe building.
                     provided that it shall not
                     exceed six square feet in             [4]   No sign shall be erected
                     surface area and it shall                   so as to obstruct any
                     be set back at least 10                     door, window or fire
                     feet from the street lot                    escape on a building.
                     line.
                                                           [5J Signage should employ
                 [3] One unlighted temporary                   colors and type faces that
                     sign of an archi teet,                    complement the primary
                     engineer or contractor                    architectural style of the
                     erected during the period                 building.
                     such      person       is
                                                           [6] Signs should be made of
                     performing work on the
                                                               durable       materials
                     prelnises on which such
                                                               compatible    with    the
                     sign is erected, provided
                                                               materials of the building
                     that it shall not exceed
                                                               served.
                     four square feet in
                     surface area and it shall             [7] Sign age      shall    be
                     be set back at least 10                   integrated     into   the
                     feet from the street lot                  architecture.     Signage
                     line.                                     that covers or obscures
                                                               significant architectural
             (h) Additional sign regulations:
                                                               details of the building
                                                               shall be avoided.



                                                23556.12                      07 - 20 -2008
§ 235-7l.l                                   ZONING                                             § 235-71.1


                 [8] In a multiple-storefront                      shall not exceed 30% of the
                     building, the signage                         income of said median household.
                     should be of a Size,
                                                             (4) Unless otherwise required for
                     location, material and
                                                                 inclusion on the SHl, the sale
                     color    that   relates
                                                                 price of an affordable unit in an
                     harmoniously     between
                                                                 SGD project shall be established
                      bays.
                                                                 using the income of households
                 [9] Neon     signs,   reader                    making 80% of the median
                     boards, LED lights, or                      household     mcome       III   the
                     other similar signs shall                   Metropolitan      Area      Boston-
                     not be permitted.                           Cambridge-Quincy             HMFA
                                                                 Standard Metropolitan Statistical
   H. Mfordable housing.
                                                                 Area, adjusted for family size. The
      (1)    An SGD project shall be subject to                    mortgage      payment,       assumIng
             the Affordable Housing Incentive                      down payment of 5% and
             Program under § 235-73.1, as                          including hazard insurance, real
             modified by Subsection H(2)                           estate taxes, condominium fees
             through (5) below.                                    and, where applicable, private
                                                                   mortgage insurance, shall not
      (2) In an SGD project, the affordable
                                                                   exceed 30% of the income of said
          Units (as defined in § 235-73.1A)
                                                                   median household.
          shall qualify for inclusion on the
          Massachusetts Department of                        (5) Regardless of the rent or sales
          Housing      and      Community                        price limitations in the previous
          Development's      Chapter     40B                     subsections, the developer of an
          Subsidized Housing Inventory                           SGD project may choose to reduce
          (SHl) or any successor inventory.                      the rent or sales price of the
          Failure to maintain compliance                         affordable unitls.
          with the criteria for inclusion on
                                                        1.   Ownership and            maintenance        of
          the SHI, or removal of an
                                                             common facilities.
          affordable unit from the SHI for
          any reason, shall be deemed to be                  (1)   All internal streets, ways, and
          noncompliance        with     this                       parking areas shall be privately
          § 235-71.1.                                              owned. The maintenance of all
                                                                   such private streets, ways and
      (3) Unless otherwise required for
                                                                   parking areas, including but not
          inclusion on the SHI, the rent
                                                                   limited to snowplowing, patching
          price, including utilities, of an
                                                                   and repaving, shaH remaiu the
          affordable unit in an SGD project
                                                                   responsibility of the owner. All
          shall be established using the
                                                                   deeds conveying any portion of the
          income of households making 80%
                                                                   land containing private streets,
          of the median household income
                                                                   ways, or parking areas shall note
          in the Metropolitan Area Boston-
                                                                   this private responsibility of
          Cambridge-Quincy            HMFA
                                                                   maintenance.
          Standard Metropolitan Statistical
          Area, adjusted for family size, and                (2) In order to         ensure that any
                                                                   proposed   COllllTIon   open space and




                                             23556.13                                         07 - 20 - 2008
§ 235-71.1                               MELROSE CODE                                       § 235-72


             common facilities within the            § 235-72. Adult uses.
             development will be properly
                                                        For adult use consisting of adult bookstore,
             maintained, any SGD project in
                                                     adult club, adult motion picture theater,
             which dwelling units shall be
                                                     adult paraphernalia store or adult video
             offered for sale shall have a
                                                     store, the following conditions shall apply:
             residents association, which shall
             be in the form of a corporation,             A. Adult uses shall be permitted only
             nonprofit organization or trust                 when located outside the area
             established in accordance with                  circumscribed by a circle which has a
             appropriate state law by a                      radius consisting of the following
             suitable legal instrument or                    distances from the specified use or
             instruments recorded at the                     zoning district:
             Registry of Deeds or Registry
                                                             (1)   Three hundred feet from any
             District of the Land Court. As
                                                                   residential district (SR, SR-A,
             part of the site plan review, the
                                                                   SR-B, UR-A, UR-B, UR-C and
             applicant shall supply to the
                                                                   UR-D).
             Planning Board copies of such
             proposed instrument.                            (2) Three hundred feet from          any
                                                                 school, park or playground.
   J. Development phasing.
                                                             (3) Three hundred feet from any
      (1)    An SGD project may be developed
                                                                 place of religious worship or
             in phases and may be developed
                                                                 assembly.
             under one or more building
             permits and occupancy permits.               B. The radius distance shall be measured
             Phasing of the development and                  by following a straight line, without
             associated infrastructure shall be              regard to intervening buildings or
             specified in the site plan approval.            structures, from the nearest point of
                                                             the property parcel upon which the
      (2) Lot area coverage, open space,
                                                             proposed use is to be located to the
          affordable     housing,   off-street
                                                             nearest point of the parcel of property
          parking and required mitigation
                                                             for the land use district boundary line
          shall     correspond    with    the
                                                             from which the proposed adult use is
          sequence        of   development
                                                             to be separated.
          implemented in the SGD project,
          so that at all times such                       C. Adult uses shall be permitted only
          requirements shall be met as                       when located 300 feet from any other
          applied only to those portions of                  adult use.
          the SGD project for which
                                                          D. Nothing in this chapter is intended to
          building permits have been
                                                             authorize, legalize or permit the estab-
          issued. Such requirements shall
                                                             lishment, operation or lnaintenance of
          be met prior to the issuance of
                                                             any business, building or use which
          certificates of occupancy for such
                                                             violates any City ordinance or statute
          buildings.
                                                             of    the      Commonwealth           of
(Ord. No. 08-128, 4-7-2008)                                  Massachusetts       regarding     public
                                                             nuisances, sexual conduct, lewdness or
                                                             obscene or harmful matter or the
                                                             exhibition of public display thereof.



                                               23556.14                                  07 - 20 - 2008
§ 235-72                                      ZONING                                       § 235-73


(Ord. No. 97-38, 12-16-1996)                             D. Facilities mounted on buildings may
                                                            not extend more than 10 feet above the
                                                            height of the building or more than 12
§ 235-73. Wireless       communications                     inches beyond the face of walls or
           service facilities.                              exterior surfaces in the case of
                                                            structures that do not have walls. For
   For a wireless cOIDlllunications service
                                                            purposes of this subsection, height of a
facility, in addition to the applicahle
                                                            building shall mean "height" as
conditions contained in this chapter and
                                                            defined in Article II of this chapter.
conditions specifically imposed by the Board
of Appeals, the following conditions shall               E. Roof-mounted     facilities must be
apply:                                                      stepped back from the front facade to
                                                            limit the impact on building silhouette
   A. An applicant proposing a WCSF must
                                                            and, where possib1e, concealed from
      demonstrate that there are no other
                                                            public view.
      adequate WCSF reasonably available
      to accommodate the new or additional               F. Trees and vegetation shall be used as
      WCSF equipment. To the extent                         a buffer zone for freestanding WCSF.
      feasible~   all service providers shan co-            Such buffer zone shall measure at
      locate on a single facility. The intent of            least five feet in height and shall be
      this requirement is to reduce the                     maintained in healthy condition. It is
      num ber of facilities that will be                    not intended to interfere with the
      required within the community.                        operation of the facility. In cases
                                                            where vegetation already exists efforts
   B. Tbe only freestanding WCSF allowed
                                                            will be made to preserve such
      is a monopole.
                                                            vegetation or replace with similar
   C. No freestanding facility shall exceed
                                                                            (Cont'd on page 23557)
      more than 80 feet in height above
      grade.




                                              23556.15                                 07 - 20 - 2008
§ 235-73                                    ZONING                                    § 235-73.1



      vegetation. In areas where buffer              N. WCSF shall not generate noise in
      zones of trees and vegetation must be             excess of the levels permitted under
      implanted, the Planning Board shall               the Chapter 164, Noise, or in excess of
      review and recommend what trees and               50 dbs, whichever is less.
      vegetation shall be implanted on the
                                                     O. A freestanding facility shall not be
      property.
                                                        erected nearer to any property line
   G. The color of the facilities shall be              than a distance equal to the vertical
      painted a neutral color or such color             height of the facility measured at the
      that will blend and minimize the                  mean finished grade of the facility plus
      facility's appearance.                            five feet.
   H. Fencing shall be used to control access        P. All facilities shall be designed to be
      and shall be aesthectically compatible            constructed at the minimum height
      with the area. Razor wire, barbed wire            necessary to accommodate the
      or a similar wire shall not be allowed.           anticipated and future use.
  I. Night and other lighting shall be               Q. Structures are to be aesthetically
     prohibited except as required by the               consistent with the area in which they
     FAA. Any emergency or repair lighting              are located.
     shall be shielded from abutting
                                                     R. An applicant proposing a WCSF in a
     properties and only used for a
                                                        residential zoning district shall
     reasonable time as necessary for such
                                                        demonstrate that the facility must be
     emergency or repair.
                                                        located at the proposed site due to
  J. There shall be no advertising                      technical, topographical or other
     permitted on or in the vicinity of the             unique circumstances.
     facilities, except for no trespassing
                                                     S. Special permits under this section
     signs. An unlighted sign no more than
                                                        shall be for a term of five years from
     one square foot in surface area shall be
                                                        the date of the decision approving the
     displayed with a name and telephone
                                                        special permit. An applicant for a
     number of a contact person to call for
                                                        special permit may reapply at any
     twenty-four-hour maintenance.
                                                        time after the fourth anniversary of
  K. Traffic associated with the facility and           the date of the decision approving the
     accessory facilities and structures                special permit. In the event a renewal
     shall not adversely affect abutting                of a special permit is granted, it shall
     ways.                                              run for a period of five years
                                                        commencing on the date of expiration
  L. Certification by a licensed structural
                                                        ofthe prior special permit.
     professional engineer of the integrity
     of the facility and, when installed on      (Ord. No. 99-021, 1-4-1999)
     an existing building or facility,
     certification as to the capability of the
                                                 § 235-73.1 Affordable housing incentive
     structure to accept the added load
                                                             program.
     being installed.
                                                 Purposes. The purposes of this § 235-73.1 are
  M. Stormwater runoff shall be contained
                                                 to promote the public health, safety and
     on site or discharged to the City
                                                 welfare by encouraging the expansion and
     stormwater system.



                                             23557                                   8-5-2004
§ 235-73.1                              MELROSE CODE                                      § 235-73.1


upgrading of the City's housing stock; to                 MIXED USE DEVELOPMENT - A
provide for a full range of housing choices               development       that    contains     a
throughout the City for households of all                 combination of at least 2,500 square
incomes, ages and sizes in order to meet the              feet of commercial gross floor area plus
City's goal of preserving diversity; to increase          five or more residential units.
the production of affordable housing units to
                                                          PERIOD OF AFFORDABILITY -
meet existing and anticipated housing and
                                                          Shall be in perpetuity (99 years).
employment needs within the City; to provide
a    mechanism       by   which      residential          PROPERTY,         PHASED -         Any
development can contribute in a direct way to             residential or mixed use development
increasing the supply of affordable housing;              or developments at one or more
and to establish standards and guidelines for             adjoining sites in common ownership
the use of such contributions.                            or under common control within a
                                                          period of two years from the first date
A. Definitions. As used in this section, the
                                                          of application for any special or
   following terms shall have the meanings
                                                          building permit for construction on the
   indicated;
                                                          lot or lots.
      AFFORDABLE UNIT - Any dwelling                      RESIDENTIAL DEVELOPMENT-
      unit for which the rent (including                  Single-, two-family and multifamily
      utilities) does not exceed 30% of the               homes,     townhouse   development,
      income of the renting household or for              elderly oriented congregate housing
      which      the   mortgage    payment,               and lodging and rooming house
      including insurance, real estate taxes              dwellings.
      and condominium fees, does not exceed
      30% of the income of the purchasing          B. Applicability and requirements.
      household.                                       (1) The provisions of this § 235-73.1 shall
      DEVELOPER -         Any      individual,             apply to any residential or mixed use
      corporation, business trust, real estate             development containing five or more
      trust, partnership or association, or                dwelling units, including phased
      any other entity or combination                      projects. These provisions shall apply
      thereof.                                             with respect to developments in all
                                                           zoning districts of the City, provided
      ELIGIBLE HOUSEHOLD -           Any                   that the provisions of this section shall
      household whose total income is                      not apply to any residential or mixed-
      between 50% and 80% of the median                    use development which has previously
      income of households in the Boston                   received a special permit or variance
      Standard Metropolitan Statistical                    from the relevant permit granting
      Area adjusted for family size.                       authority     containing      conditions
      MEDIAN INCOME - The income set                       requiring the inclusion of affordable
      forth in or calculated from regulations              housing in such residential or mixed-
      promulgated by the United States                     use development, nor to any such
      Department of Housing and Urban                      residential or mixed-use development
      Development, pursuant to Section 8 of                which is subsequently modified in
      the Housing Act of 1937, as amended                  accordance with the provisions of this
      by the Housing and Community                         section, provided that such affordable
      Development Act of 1974.                             housing inclusion conditions remain



                                               23558                                     8-5-2004
§ 235-73.1                                  ZONING                                     § 235-73.1


      substantially unchanged as a result of              sale or market value of all the units in
      any such modification. Developments                 the development. At the discretion of
      required to obtain a special permit in              the Planning Board, on the basis of
      accordance with this § 235-73.1 shall               special circumstances as described
      not be required to obtain a special                 above, a developer may be required to
      permit for more than four accessory                 contribute a combination of affordable
      parking spaces under § 235-17,                      units and money.
      accessory use #18.
                                                   C. Incentives To facilitate the objectives of
   (2) A developer of a residential or mixed          this section, the following modifications to
       use development subject to these               the dimensional requirements in any
       provisions shall provide 10% of the            zoning district shall be permitted by
       total number of dwelling units up to           special permit by the Planning Board for a
       the maximum allowed as of right as             development that provides affordable
       affordable      units.    Where      the       housing units in accordance with
       application of that formula results in a       Subsection B above.
       fraction, a fraction of one half or more
                                                       (1) For every affordable unit required by
       shall be rounded up to the next whole
                                                           Subsection B above, the developer may
       number and a fraction of less than one
                                                           build one additional unit in the
       half shall be rounded down. Each
                                                           development,     regardless   of the
       affordable unit shall meet· the
                                                           minimum lot area reqUired for the
       standards established in Subsection D
                                                           additional unit or units and the
       below.
                                                           parking     requirements     for   the
   (3) In special circumstances, the developer             development. Except for the minimum
       shall be required to make a monetary                lot area requirement and parking
       contribution to the Melrose Affordable              regulations, all other dimensional and
       HOUSing Trust in lieu of providing                  density regulations shall apply to the
       affordable dwelling units. The Melrose              development.         The     parking
       Affordable Housing Trust will use the               requirement for the development shall
       funds exclusively to help finance the               be determined by the Planning Board
       development of affordable units. The                as part of the special permit process
       Planning Board shall allow this                     herein, but shall not be less than 1.5
       monetary contribution if it finds that              spaces per unit.
       there are special        circumstances
                                                       (2) Affordable    units    required    by
       relating to the property that indicate
                                                           Subsection B shall be provided on-site
       that it is in the best interest of the
                                                           unless comparable units are prOVided
       City not to allow the developer an
                                                           off-site with the approval of the
       additional unit for every affordable
                                                           Planning Board.
       unit required. Special circumstances
       shall include, but not be limited to,       D. Standards for construction and occupancy
       topography, infrastructure, drainage,          of affordable units.
       traffic and parking. The monetary
                                                       (I) Affordable units shall be dispersed
       contribution shall be determined by
                                                           throughout the development and shall
       the Planning Board, with input from
                                                           be comparable in size, number of
       the     developer,    the     Building
                                                           bedrooms, materials and parking to
       Commissioner and the City Assessor,
                                                           dwelling units in the neighborhood
       and shall be equal to 2% of the total



                                             23558.1                                  02 - 25 - 2006
§ 235-73.1                              MELROSE CODE                                    § 235-73.2


       and in the development in which it is               Authority, using marketing and
       located. Exteriors of affordable units              selection   guidelines    customarily
       shall    be    consistent   with   and              employed by the Department of
       indistinguishable from the exteriors of             Housing and Community Development
       other units in the project.                         in selecting tenant and homeowner
                                                           households under other City, state, or
   (2) Affordable units shall serve eligible
                                                           federal housing assistance programs.
      households of diverse sizes whose
                                                           The Melrose Affordable Housing Trust
      incomes are between 50% and 80% of
                                                           shall create and administer rules
      the median income of households in
                                                           determining how affordable units are
      the Boston Standard Metropolitan
                                                           awarded to eligible households, and
      Statistical Area.
                                                           shall    be   responsible   for   any
   (3) The number of persons occupying the                 administrative costs.
       affordable units shall be consistent
                                                        (4) An affordable housing agreement shall
       with HUD regulations regarding
                                                           be signed by the developer, its chief
       occupancy.
                                                           operating officer and the Melrose
   (4) Unless otherwise prohibited by law,                 Affordable Housing Trust and a copy
       affordable units shall be offered                   of the agreement shall be kept on file
       initially to Melrose residents or                   with the Building Commissioner in the
       persons employed within the City of                 Inspectional Services Department. The
       Melrose as follows: 70% of the units                agreement shall, at a minimum,
       shall be offered initially to current               identify and describe the· affordable
       residents or persons employed in                    dwelling units in the development, an
       Melrose. Persons that both reside and               inventory of the units, condition of the
       work in Melrose shall be counted as                 units and terms of their sale or lease.
       residents only.
                                                   (Ord. No. 04-184A, 8-9-2004)
   (5) The rental or ownership of affordable
       units shall mirror the project as a
                                                   § 235-13.2. Slope protection.
       whole. For example, affordable units
       should be sold, not rented, where a         A. Purpose.
       majority of units will be offered for
                                                        (I) The purposes of this section shall be
       sale.
                                                            to:
E. Administration and enforcement.
                                                           (a) Preserve    and    enhance    the
   (1) The affordable units shall be subject to                landscape by encouraging the
       proper deed restrictions consistent                     maximum retention of natural
       with Massachusetts General Law,                         topographic features, such as
       providing that the unit should be                       drainage swales, streams, slopes,
       maintained as an affordable unit in                     ridge lines, rock outcroppings,
       perpetuity (99 years).                                  vistas, natural plant formations
                                                               and trees;
   (2) They shall be occupied by eligible
       households that are appropriately                   (b) To minimize the effects of grading
       housed as defined by HUD.                               to ensure that the natural
                                                               character of steep slopes is
   (3) Eligibility for affordable units shall be
                                                               retained;
       determined by the Melrose Housing



                                              23558.2                                  02 - 25 - 2006
§   235~ 73.2                                   ZONING                                      § 235··73.2


         (c)    To minimize water runoff and               Slope ~ (Change in elevation ± horizontal
                soil-erosion problems incurred in          distance measured perpendicular to
                grading of steep slopes; and               horizon) x 100
         (d) To     encourage       innovative                (a)   All areas with natural slopes
             architectural,       landscaping,                      exceeding 25% over a horizontal
             circulation and site design.                           distance of 30 feet on a tract or
                                                                    parcel of land intended or
      (2) For the purposes of this section, the
                                                                    proposed for subdivision or
          term "natural" shall be defined as the
                                                                    development, or on a lot intended
          condition of the ground surface as it
                                                                    for building purposes, shall be
          exists on the date this ordinance is
                                                                    excluded from the calculation of
          adopted. No land may be regraded or
                                                                    the minimum lot area required for
          filled in such manner as to circumvent
                                                                    the applicable zoning district.
          this bylaw.
                                                              (b) All natural slopes exceeding 25%
B. Applicability.
                                                                  over a horizontal distance of 30
      (1) The provisions of this section shall be                 feet are protected and shall
         applicable to all zoning districts in the                  remain in their natural state.
         City of Melrose. Exempted from this
                                                      D. Special Permit. The Planning Board may
         section shall be:
                                                         grant a special permit to utilize areas
         (a) Alterations,   extensions,    and           with natural slopes exceeding 25%, as
             additions to existing single~ and           prohibited in Subsection C(I) and (2), if
             two~family     dwellings      and           the Board finds that the proposal satisfies
             buildings accessory thereto that            the purposes set forth in Subsection
             do not expand the building                  A(l)(a) through (d) above as well as the
             footprint by more than 500 square           findings in § 235~63 of the Zoning
             feet;                                       Ordinance.
         (b) Site     improvements to existing             (I) Applications.
                single~ and two~family dwellings
                                                              (a) Applications for a Special Permit
                that do not exceed 500 square
                                                                  shall include the following:
                feet.
                                                                    (1] An executive summary and
      (2) The provisions of this section shall not
                                                                        site plan generally describing
          apply to a development which has
                                                                        the nature and location of the
          received a street opening permit by the
                                                                        project, how it fulfills the
          Engineering      Division    and     has
                                                                        purpose of this section, and
          substantially completed construction
                                                                        meets the requirements for
          at the time the notice of this
                                                                        issuance of a special permit
          amendment was published.
                                                                        under Article XI;
C. Use and Dimensional Regulations. The
                                                                    (2]   Parcel lot lines for the
   slope of land at any point, stated as a
                                                                          proposed     project and
   percentage, shall be defined as the change
                                                                          surrounding parcels;
   in elevation over a horizontal distance
   multiplied by one hundred.                                       (3]   Location of existing and
                                                                          proposed buildings on the
                                                                          project site;



                                                 23558.3                                   02 - 25 - 2006
§ 235-73.2                               MELROSE CODE                                     § 235-73.2


             [4J Foundation lines of the                         [11 J A storm water management
                 proposed buildings, gross                             plan and installation of
                 floor area, and building                              underground and surface
                 height;                                               drainage       facilities   in
                                                                       accordance       with     Best
             [5J Existing      and     proposed
                                                                       Management          Practices
                 topography and the location
                                                                       (BMP's) to prevent surface
                 of all natural features such as
                                                                       erosion, undermining, and
                 wetlands, streams, water
                                                                       post-development run-off that
                 bodies, and exposed bedrock
                                                                       exceeds      pre-development
                 to be removed, if any;
                                                                       run-off; and
             [6J Areas subject to a one-
                                                                 [12J Any     other    information
                 hundred-year flood, if any;
                                                                      requested by the Planning
             [7J Provisions for the protection                        Board that will allow fair and
                 of abutting properties during                        full consideration of the
                 construction,      and    site                       special permit request.
                 excavation,       demolition,
                                                           (b)   Any of the requirements of a
                 blasting, and site reclamation
                                                                 Slope Protection Special Permit
                 plans if appropriate;
                                                                 application may be waived by a
             [8] Proposed       landscaping,                     majority vote of the SPGA. Waiver
                 including all screening and                     requests must be in writing.
                 buffering      of  adjacent
                                                        (2) The Office of Planning and Community
                 residential areas;
                                                            Development (OPCD) will distribute a
             [9J An erosion prevention plan                 set of the application materials to the
                 prepared             by     a              City Engineer and Building Inspector
                 registered/licensed                        for review. OPCD will provide notice of
                 professional, which includes               receipt of an application to the Board
                 calculations and measures to               of Health, Fire Chief, Police Chief,
                 prevent       erosion    and               Conservation      Commission,      City
                 undermining of the subject                 Solicitor, and Mayor. All departments
                 property      and    abutting              shall     report    their   comments,
                 properties. Include how slope              conditions, remedial measures and rec-
                 protection will be achieved,               ommendations, in writing, to the
                 and details of all retaining               Planning Board within 30 days.
                 walls if applicable;
                                                        (3) If an applicant receives a Special
             [lOJ Drainage        calculations              Permit pursuant to this section to
                  prepared             by    a              utilize slopes exceeding 25%, then a
                  registeredllicensed engineer,             variance from the Ordinance will not
                  demonstrating that following              be necessary from the Board of
                  the proposed removal, the                 Appeals for insufficient lot area, unless
                  amount of run-off shall not               the entire lot area, including the area
                  exceed the amount of run-off              of slope exceeding 25%, is insufficient
                  prior to the removal;                     for building purposes under the
                                                            Ordinance.




                                              23558.4                                   02 - 25 - 2006
§ 235-73.2                                     ZONING                                           § 235-74


E. Special Permit Granting Authority. For                   than 100 feet to any public street or to
   Slope Protection Special Permits the                     any adjoining property line.
   Planning Board is the Special Permit
   Granting Authority.                                   C. Off-street parking shall be provided as
                                                            required in the Table of Off-Street
F. Relationship to Site Plan Review. For the                Parking Regulations. 2
   convenience of the applicant, site plan
   review and request for a special permit               D. Any access to excavated areas or areas
   pursuant to this section may be acted                    in the process of excavation shall be
   upon concurrently to the degree feasible.                adequately posted with "Keep Out
   The applicant will be responsible for                    Danger" si gns.
   submitting a request which meets all                  E. Any work or bank that slopes more
   submission requirements, concurrent1y, in
                                                            than   30°    downward       shall be
   order to streamline notice and hearing
                                                            adequately fenced at the top.
   requirements.
                                                         F. Adequate provision is to be made for
(Ord. No. 06-017,         12-19-2005;   Ord. No.
                                                            drainage during and after the
06-224, 6-5-2006;          Ord.   No.    06-224A,
5-19-2008)                                                  completion of operations.
                                                         G. Lateral support shall be maintained
                                                            for all adjacent properties.
                 ARTICLE XII
              Removal and Filling                        H. The use of explosives shall be done in
                                                            accordance with the regulations for
§ 235·74. Removal          of   sand,     gravel,           storage or handling of explosives as
             quarry       or    other      earth            published by the Commonwealth of
             materials.                                     Massachusetts.

  For the removal of sand, gravel, quarry,               1. All operations shall be conducted in
loam, sod or other earth materials other than               such a manner so as to comply with
that which is incidental to and in connection               the laws of the Commonwealth of
with the construction of a building for which               Massachusetts      regulating  water
a permit has been issued in accordance with                 pollution and air pollution.
Article X and for processing and treating raw            J. Provision shall be made for the
materials, the following conditions shall                   adequate control of dust during the
govern:                                                     operation.
   A. Removal and processing operations                  K. Required site plan. Site plans shall be
      shall not be conducted closer than 50                 filed with the Building Commissioner
      feet to a public street or to any                     for any land which is used or intended
      property line.                                        to be used for the extraction of sand,
   B. All   equipment,     except   mobile                  gravel, rock, loam, sod and associated
      equipment for sorting, washing,                       earth materials. Site plans for the
      crushing, grading, drying, processing                 removal areas shall be prepared by a
      and treating, or other operation                      registered professional engineer and a
      machinery shall not be used closer
                                                    2 Editor's Note: See Art. VIII, Off-Street Parking and
                                                    Loading.




                                               23558.5                                      07 - 20 - 2008
§ 235-74                             MELROSE CODE                                § 235-74


      registered land surveyor at a scale of        (4) Topographic mapping showing
      200 feet to the inch and shall be in              contours at intervals of not more
      accordance with and indicate the                  than 10 feet.
      following:
                                                    (5) Replacement of at least four
      (1)   Property lines.                             inches     of topsoil over all
                                                        excavated, filled or otherwise
      (2) Adjacent public streets.
                                                        disturhed surfaces and seeding
      (3) Water supply     and   sanitary               with a perennial cover crop,
          sewerage systems and temporary                reseeded as necessary to assure
          and permanent drainage systems                uniform growth and soil surface
          for the site.                                 stabilization.
                                                                   (Cont'd on page 23559)




                                          23558.6                             07 - 20- 2008
§ 235-74                                     ZONING                                           § 235-75


      (6)   Submission of plan for lighting if                      conversion of the abandoned site
            night operation is contemplated.                        and its planned reuse, including
                                                                    landscaping and erosion contro!'
      (7)   Proper provision for vehicular
                                                                    It is, therefore, required that any
            traffic, service roads and control
                                                                    land reuse plan correspond to a
            of entrances and exits to
                                                                    situation which could reasonably
            highways.
                                                                    occur in the immediate future
      (8)   The relocations of existing and                         (zero to five years) and be
            future buildings and operations                         revised as necessary as the
            machinery to the removal areas.                         existing physical character ofthe
                                                                    removal area changes.
      (9)   Delineation of the existing
            removal areas and the proposed                     (3) The land reuse plan or any part
            area for removal in the                                 thereof which reasonably applies
            immediate future.                                       to an area which has been
                                                                    abandoned from removal use
      (10) Provision for a substantial fence
                                                                    shall be put into effect within
           enclosing the excavation or
                                                                    one year of the abandonment of
           quarry where any excavation or
                                                                    said operation. "Abandonment"
           quarry will extend under original
                                                                    for the purposes of this
           ground level or will have a depth
                                                                    subsection shall be defined as
           of 10 feet or more and create a
                                                                    the visible or otherwise apparent
           slope.
                                                                    intention of the owner or user of
   L. Required reuse plan. It is recognized                         the land to abandon the use of
      that land reuse of a removal site is in                       the land.
      the public interest. Therefore, a land
                                                         (Ord. No. 16985C, 11-27-1972)
      reuse planes) must be submitted to
      and approved by the Building
      Commissioner, following review by
                                                         § 235·75. Filling of water bodies or wet
      the Planning Board, subject to the
                                                                   areas.
      regulations set forth in the following
      subsections:                                          For the filling of any pond, lake, swamp or
                                                         other existing body of water or wet area and
      (1) The Building Commissioner may
                                                         the filling in of any swale, valley or other
          require that up to three
                                                         area or depression, where such filling in
          approved alternative future land
                                                         requires an amount of fill equivalent to 500
          reuse plans be submitted for
                                                         cubic yards or more or where the area to be
          such land as is used for the
                                                         filled in exceeds 10,000 square feet and
          extraction of sand, gravel, rock,
                                                         where such filling has received prior
          loam, sod and associated earth
                                                         approval of the appropriate state officials
          materials. A land reuse plan is
                                                         under the applicable provisions of state law
          also required where an existing
                                                         on inland wetlands, the following conditions
          extraction operation is extended
                                                         apply:
          below the grade of adjacent
          ground.                                           A. A location plan at a scale of one inch
                                                               equals 650 feet showing the area to
      (2) Said land reuse plan and its
                                                               be filled in, property lines within
          implementation applies to the
                                                               which the filling is proposed and tie-



                                                 23559
§ 235-75                               MELROSE CODE                                          § 235-76


      in to the nearest road intersection                     conservation and open space plan as
      shall be submitted.                                     prepared by the Planning Board.
   B. A site plan shall be submitted to a                  J. Documentation shall be submitted as
      scale of one inch equals 40 feet of the                 to the effect of such filling in on
      premises and surrounding area                           drainage both within the immediate
      within 100 feet showing, in addition                    area and sufficiently far downstream
      to Subsection A above, existing and                     as   required    by the Building
      proposed contour lines at intervals of                  Commissioner.
      not more than two feet resulting from
                                                        (Ord. No. 16985C, 11-27-1972)
      the proposed filling in, in relation to
      the topography of the premises, said
      plan to be prepared by a registered
                                                        § 235-76. Filling of any lot.
      professional engineer or registered
      land surveyor.                                        For the filling of any lot or placement of
                                                        fill on a lot where such fill exceeds 10 cubic
   C. Provision   shall be made for
                                                        yards a building permit shall be required
      temporary and permanent drainage
                                                        prior to the commencement of the operation
      ofthe site.
                                                        as in accordance with Article X of this
   D. Fills shall be limited to terrace fills           chapter and shall be subject to the following
      which are not to exceed 10 feet at any            conditions:
      one time nor be within 10 feet of an
                                                           A. Unless waived by the Building
      adjacent property line or any cut.
                                                              Commissioner,          information,
   E. Regrading of all or parts of the slopes                 including a site plan, pursuant to
      resulting from such fill shall be                       § 235-71K, area to be filled, volume of
      carried out.                                            fill, proposed changes in grade or
                                                              other information shall be submitted
   F. At least four inches oftopsoil shall be
                                                              to and approved by the Building
      replaced over all filled or otherwise
                                                              Commissioner             prior      to
      disturbed surfaces with seeding with
                                                              commencement of operations.
      a perennial cover crop, reseeded as
      necessary to assure uniform growth                   B. No fill shall be deposited within the
      and soil surface stabilization.                         minimum front, rear or side yards as
                                                              defined by the zoning district within
   G. A plan for lighting, if night operation
                                                              which such lot is located except by
      is contemplated, shall be submitted.
                                                              written approval of the Building
   H. Where any fill will have a depth of 10                  Commissioner.
      feet or more and create a slope of
                                                           C. Operations, including truck access,
      more than one in two, there shall be
                                                              temporary or permanent grade, slope,
      a substantial fence enclosing the fill
                                                              fencing and protection from wind and
      at least six feet in height with
                                                              water erosion, shall be conducted in a
      suitable gates. Such fence shall be
                                                              manner agreeable to the Building
      located 10 feet or more from the edge
                                                              Co=issioner so as to protect the
      of the fill.
                                                              public health, safety and general
   1. The    planned filling in shall be                      welfare.
       consistent with any recreation,




                                                23560
§ 235-76                                      ZONING                                     § 235-77


   D. Operations shall assume to be                     D. There shall be no display of goods or
      completed at the end of a twenty-                    wares visible from the street and
      eight-day period from the date of the                equipment or materials used in the
      initial commencement unless extended                 home occupation shall be stored
      by written approval of the Building                  entirely inside the dwelling.
      Commissioner.
                                                        E. The buildings or premises occupied
   E. At the conclusion of operation, the                  shall not be rendered objectionable or
      filled area or fill materials shall be left          detrimental     to   the    residential
      in a manner approved by the Building                 character of the neighborhood due to
      Commissioner to assure soil surface                  the exterior appearance, traffic,
      stabilization and proper drainage of                 emission of odor, gas, sm,ake, dust,
      the site, including provision of topsoil             noise, electrical disturbance or any
      and seeding or reseeding so as to                    other safety hazard or nuisance. In a
      support a perennial cover crop.                      multifamily dwelling, the use shall in
                                                           no way become objectionable or
   F. The filling shall be consistent with
                                                           detrimental to any residential use
      other provisions of this chapter and
                                                           within the multifamily structure.
      Building Code of the City of Melrose,
      as   approved    by    the   Building             F. The buildiug or premises occupied
      Commissioner, and shall be consistent                shall not include any external design
      with any recreation, conservation,                   feature or appearance not customary
      open space and environmental plans,                  in residential buildings.
      regulations or statutes of the
                                                        G. No home occupation shall generate
      commonwealth or the City of Melrose.
                                                           traffic, including pick up and
(Ord. No. 16985C, 11-27-1972)                              deliveries, andlor parking that exceed
                                                           that normally expected in the
                                                           residential neighborhood.
               ARTICLE XIII
                                                        H. Not more than one commercial vehicle
             Home Occupation
                                                           in connection with such home
                                                           occupation shall be stored on the
§ 235-77. Conditions.
                                                           premises. An accepted off-street
  Home occupations shall be permitted in a                 parking space shall be provided for
dwelling in any "Roo and "Boo district subject to          any such commercial vehicle.
the following conditions:
                                                        I. A Special Permit acted on by the
   A. No person other than the residential                 Board of Appeals is required if a home
      occupant(s) shall be employed therein.               occupation results in more than 10
                                                           patron or client visits to the premises
   B. The use is carried on strictly within
                                                           per week or if it involves one or two,
      the principal building.
                                                           but not more than two, employees who
   C. No more than 40% of the existing                     reside outside ofthe residence.
      gross floor area not to exceed 600
                                                        J. There shall be no advertising and no
      square feet is devoted to such use
                                                           signs on the premises except pursuant
      including storage of goods, materials
                                                           to § 235-28 ofthe Zoning Ordinance.
      and equipment related to the home
       occupation.




                                                23561                                 07 - 01-2010
§ 235-77                                    MELROSE CODE                               § 235-81.1


(Ord. No. 16985C, 11-27-1972; Ord. No.                             ARTICLE XV
95-189,5-1-1995; Ord. No. 07-132, 5-7-2007)                     Floodplain District

                                                    § 235-81. Establishment.
             ARTICLE XIV
                                                      The     Floodplain    District is herein
        Amendments, Severability
                                                    established as an overlay district. The
          and When Effective
                                                    underlying permitted uses are allowed
                                                    provided that they meet the following
§ 235-78. Amendments.
                                                    additional requirements as well as those of
   This chapter may he amended from time to         the Massachusetts State Building Code
time in accordance with Section 5 of the            dealing with construction in floodplains. The
Zoning Act.       During the amendment              Floodplain District includes all special flood
procedure, subdivision plans in process of          hazard areas designated as Zones A and AE
review by the Planning Board under the              on the Middlesex County Flood Insurance
Subdivision Control Law shall be subject to         Rate Map (FIRM) issued by the Federal
the provisions of the Zoning Act; provided,         Emergency Management Agency (FEMA) for
however, that a preliminary plan has been           the administration of the National Flood
filed and written notice of said filing has been    Insuran.ce Program. The map panels of the
submitted to the City Clerk for the City of         Middlesex County FIRM that are wholly or
Melrose.                                            partially within the City of Melrose are panel
                                                    numbers      25017C0427E,       25017C0429E,
(Ord. No. 16985C, 11-27-1972)
                                                    25017C0431E,          25017C0433E         and
                                                    25017C0434E dated June 4, 2010. The exact
                                                    boundaries of the District may be defined by
§ 235-79. Severability.
                                                    the one-hundred-year base flood elevations
   The invalidity, unconstitutionality or           shown on the FIRM and further defined by
illegality of any provision of this chapter or      the Middlesex County Flood Insurance Study
boundary shown on the Zoning Map shall not          (FIS) report dated June 4, 2010. The FIRM
have any effect upon the validity,                  and FIS report are incorporated herein by
constitutionality or legality of any other          reference and are on file with the City Clerk,
provision or boundary.                              Building Commissioner, Planning Board,
                                                    Public Works Engineering Division and Board
(Ord. No. 16985C, 11-27-1972)
                                                    of Realth.
                                                    (Ord. No. 1453A, 5-4-1987; Ord. No. 10-148,
§ 235·80. When effective.                           5-17-2010)
  This chapter      shall   take   effect    upon
passage.
                                                    § 235·81.1. Reference        to    existing
(Ord. No. 16985C, 11-27-1972)                                   regulations.
                                                        A. The Floodplain District is established
                                                           as an overlay district to all other
                                                           districts. All development in the
                                                           district, including structural and
                                                           nonstructural    activities,  whether
                                                           permitted by right or by special



                                                23562                                 07 - 01- 2010
§ 235-81.1                                 ZONING                                   § 235-82.1


      permit, must be in compliance with               improvements to existing structures,
      Chapter       131, § 40    of   the              filling or other land development shall
      Massachusetts General Laws and with              be permitted unless it is demonstrated
      the following:                                   by the applicant that the cumulative
                                                       effect of the proposed development,
      (1) Section     of the Massachusetts
                                                       when combined with all other existing
             State Building Code which
                                                       and anticipated development, will not
             addresses floodplain and coastal
                                                       increase the water surface elevation of
             high hazard areas (currently 780
                                                       the base flood elevation.
             CMR 120.G, "Flood Resistant
             Construction and Construction in       C. Floodway data: In Zones A and AE,
             Coastal Dunes");                          along watercourses that have not had
                                                       a regulatory floodway designated, the
      (2) Wetlands Protection Regulations,
                                                       best available federal, state, local, or
          Department of Environmental
                                                       other floodway data shall be used to
          Protection (DEP) (currently 310
                                                       prohibit encroachments in floodways
          CMR 10.00);
                                                       which would result in any increase in
      (3) Inland Wetlands Restriction, DEP             flood levels within the community
          (currently 310 CMR 13.00); and               during the occurrence of the base flood
                                                       discharge.
      (4) Minimum Requirements for the
          Subsurface Disposal of Sanitary           D. In Zone AE, along watercourses that
          Sewage, DEP (currently 310 CMR               have     a     regulatory      floodway
          15, Title 5).                                designation within the City of Melrose
                                                       on     the      Middlesex        FIRM,
   B. Any variances from the provisions and
                                                       encroachments are prohibited in the
      requirements of the above referenced
                                                       regulatory floodway which would
      state regulations may only be granted
                                                       result in any increase in flood levels
      in accordance with the required
                                                       within the community during the
      variance procedures of these state
                                                       occurrence of the base flood discharge.
      regulations.
                                                    E. Base flood elevation data: Base flood
(Ord. No. 10-148,5-17-2010)
                                                       elevation data is required for
                                                       subdivision   proposals    or   other
                                                       developments greater than 50 lots or
§ 235-82. Development regulations.
                                                       five acres, whichever is the lesser,
   A. Within Zone A, where the base flood              within unnumbered A zones.
      elevation is not provided on the FIRM,
                                                (Ord. No. 1453A, 5-4-1987; Ord. No. 10-148,
      the applicant shall obtain any existing
                                                5-17-2010)
      base flood elevation data and it shall
      be reviewed by the Planning Board
      and the Building Commissioner for its
                                                § 235-82.1. Notification    of watercourse
      reasonable utilization toward meeting
                                                            alteration.
      the    elevation     or   floodproofing
      requirements, as appropriate, of the         In a riverine situation, the City Engineer
      State Building Code.                      shall notifY the following of any alteration or
                                                relocation of a watercourse: adjacent
   B. Within Zones A and AE, no new
                                                communities, the NFIP State Coordinator
      construction,     substantial



                                            23563                                  07 -01-2010
§ 235-82.1                               MELROSE CODE                                     § 235-86


(Massachusetts Department of Conservation               B. New and replacement sanitary sewer
and Recreation), and the NFIP Program                      systems shall be designed to minimize
Specialist (Federal Emergency Management                   or eliminate infiltration of floodwaters
Agency, Region 1).                                         into the system and discharges of
(Ord. No. 10-148, 5-17-2010)                               exfiltration from the system into
                                                           floodwaters.
                                                    (Ord. No. 1453A, 5-4-1987; Ord. No. 10-148,
§ 235-83. Subdivisions           and       new
                                                    5-17 -2010)
             development.
   All subdivision proposals and other
proposed new development shall be reviewed          § 235-85. Authority.
to determine whether such proposals will be
                                                      This article is established pursuant to the
reasonably safe from flooding. If any part of a
                                                    City of Melrose's compliance with Title 44,
subdivision     proposal    or    other      new
                                                    Chapter 1, Part 67, Code of Federal
development is located within the Floodplain
                                                    Regulations, establishing eligibility in the
District established under this article, it shall
                                                    National Flood Insurance Program (NFIP).
be reviewed to assure that:
                                                    Copies of the National Flood Insurance
   A. The proposal is designed consistent           Program and related regulations are on file
      with the need to minimize flood               with the City Clerk.
      damage;
                                                    (Ord. No. 1453A, 5-4-1987; Ord. No. 10-148,
   B. All public utilities and facilities, such     5-17-2010)
      as sewer, gas, electrical and water
      systems, shall be located and
      constructed to minimize or eliminate                         ARTICLE XVI
      flood damage; and                                      Wireless Communications
                                                                 Service Facilities
   C. Adequate drainage systems shall be
      provided to reduce exposure to flood
                                                    § 235-86. Purpose.
      hazards.
                                                      This article provides for the regulation and
(Ord. No. 1453A, 5-4-1987; Ord. No. 10-148,
                                                    restriction of the construction, erection,
5-17-2010)
                                                    installation, placement andior use of wireless
                                                    communications service facilities (WCSF) and
                                                    the protection of the general public from the
§ 235-84. Health regulations.
                                                    impact associated with WCSF. It is the
  The Board of Health andior the Public             purpose of this article to:
Works Department, in reviewing all proposed
                                                        A. Minimize the adverse impacts of
water and sewer facilities to be located in the
                                                           WCSF on adjacent properties and
Floodplain District established under this
                                                           residential neighborhoods;
article, shall require that:
                                                        B. Limit the City-wide overall number
   A. New and replacement water supply
                                                           and height of WCSF to what is
      systems shall be designed to minimize
                                                           essential;
      or eliminate infiltration of floodwaters
      into the system; and




                                                23564                                  07-01-2010
§ 235-86                                       ZONING                                        § 235-87


   C. Encourage the most appropriate use of         condition. The City of Melrose Building
      the land and maintain the residential         Commissioner shall receive at least 30 days'
      character of the City;                        notice of the intent to discontinue use of any
                                                    WCSF. A WCSF that is unused or abandoned
   D. Promote shared use of existing WCSF
                                                    for a period of 90 days must be removed by
      to reduce the need for new facilities;
                                                    the property owner and the property restored
   E. Guide sound development while                 to its natural condition. Any construction
      promoting the health, safety and              shall be governed by this chapter. This article
      general welfare of the City consistent        does not apply to the construction or use of
      with applicable federal law.                  facilities by a conforming federally licensed
                                                    amateur radial used in accordance with said
(Ord. No. 99-021, 1-4-1999)
                                                    license as protected by MGL c. 40A, § 3, or
                                                    television antennas, including satellite dishes
                                                    which are accessory to a residential use and
§ 235-87. E xis tin g      fa c iii tie s ;
                                                    protected by federal law .
           discontinuance; applicability.
                                                    (Ord. No. 99-021, 1-4-1999)
   WCSF lawfully in existence before the
effective date of this article shall be
maintained and shall be kept in good                1 Editors Note: So in original. Apparently should
                                                    read "radio operator" pursuant to MGL c. 40A, § 3.




                                                23565                                    07 - 01 - 2010
                                                                                          ZON1NG


                                                                            Table of Use and Parking Regulations
                                                                                       City of Melrose

                                                                   Residential Districts                            BUsin('ss Districts         Industrial
                                                                                                    UR-C      BA        BB                       Districts                 Parking Code
                  Principal Use:                      SR    SR~A    SR-B          UR-A     UR-B     UR-D     BA-1      BB-l      BC       BD   I     I I-A                 (Sec § 235-32)
 Residential
 I,  One-famil ' detached dwcllinl:!;                 P      P         P            P        P        S        ..        -                S                 ..
                                                                                                                                                                                  AI
 IA. Onc-family with in-law apartment (sec            S      S         S            S        S        S                           ..
                                                                                                                                          S    ..            ..
                                                                                                                                                                                  AI
     definition of in-law apartment)
 2.  Two-bmilv d\vcllim:                              -                             S        P        P                           ..
                                                                                                                                          P                  ..                   A2
 3.  Multifamilv dwelling                             ..
                                                             -                      ..
                                                                                             S        P                           S       P                                        B
 4.  Townhouse                                        ..     ...                    S        S        P                  ..               p                  ..
                                                                                                                                                                                   B
 5.  Apartment house                                  .-               ..           ..
                                                                                             S        p                  ..               p    ....
                                                                                                                                                                                   B
 6.  Lodging house                                                    ..
                                                                                             P        P        ..                 -       p    ..
                                                                                                                                                                                   C
 7.  Fraternities and sororities                             ..        ..                    p        p                  ..       ..                         ..
                                                                                                                                                                                   C
 8.  Donnitoric$                                      ...    ..        ..                    p        p        ..                 ..      p     ...          ..
                                                                                                                                                                                   C
 9.  Planned unit development (sec Article Xl,               S                       .       S        S        S                  S       S                                        R
     §§ 235-68.235-69 and 235-70)
 10. Cluster residential development (sec             S      S         S                     -                 ..                 ..      ..                 ..
                                                                                                                                                                                   B
     Article XI, & 235-67)
 II. Mixed residential/business uses where all        ..     ..                     ...      S        S        P                  P       P    ..
                                                                                                                                                                                  Q
     dV"clling units are above the first floor
     Icvef
 Community Facilities
 I,  Church or other religious purpose                p      P        P            P         P        P        P         P        P       P    P             P                     D
 2.  Educational purpose which is religious,          P      P        P            P         P        P        P         P        P       P    P             P                   D,L,M
     sectarian, denominational or public
 3.  Privatc school, col1ep,e or univcrsity           S      S         S            S        S        S                                   -    ..
                                                                                                                                                                              D,L.M
 4.  Private day nursery or kindergarten              S      S         S            S        S         S       S                  ..
                                                                                                                                          S    ..
                                                                                                                                                                          1 space per staff
                                                                                                                                                                              member
 5. Membership club                                   S      S         S            S        S        p        p         p        p       p    ..
                                                                                                                                                                                 N
 6. Country, fishing, tennis or go!fclub              P      P         P                     -                           P                ..
                                                                                                                                                                                   L
 7. City govemmental building except                  P      P         P            P        P        P        P         P        P       P    P             P                    N.D
    equipment oarage
8.  City equipment garage                             .-               ..           ..
                                                                                                      S                  p                ..   p             p                    Q'
9.  City or nonprofit cemetery, including any         P      P         P            P        P        P                                   ..
                                                                                                                                                                                   R
    crematory therein
~ __~_Hx..2Q~4.2.ClTt~I,'X~iltj.9_I1_<1Jfaci u.~y._   p      p         p            p        p        p        p         p        p       p    p      ........l'....._   -----




                                                                                          23S;Al                                                                                   07 - 20 - 2008
                                                                                 MELROSE CODE


                                                                           Table of Use and Parking Regulations
                                                                                      City of Melrose
                                                                                          \'-U'" U
                                                                  Residential Districts                          Business Districts            Industrial
                                                                                                     UR-C    BA     BB                           Districts     Parking Code
                  PrincioallJse:                    5R     SR~A    SR-B         UR-A       UR-B      UR-D   BA-!   BB-!      BC       BD   I             I-A   (Sec § 235-32)
II.   Historic<ll associ(ltion or society            P      P         P            P         P        P      P        P       P       P    P             P           N
12.   Has )1lal                                                                                       -       -       -               p    -                         J
14.  Power plant, rcfm:c incineration rmd           ....             -            -                   -       -       -                    p             p           0
     sanitary bndfil1
15. Municipal parking lot or structure (sec         S       S         S            p         p        p       p       p       p       p    p             P         None
     Acridc VlIl, § 235-40)
16. Street, bridge, tunnel, railroad lines          P       P         P            P         P        P       P       P       P       P    P             P         None
17. Facilities for essential services               P       P        P             P         P        P       P       P       P       P    P             P         None
18. Private utility overhead transmission line,     S       S        S             S         S        S       S       S       S       S    S             S           R
     substation or similar facility or building
19. Nursinl! home                                    -      -                                 ..      S               ..              p    -             ...
                                                                                                                                                                     K
Agriculture
I.   Agriculture, horticulture and floriculture     P       P         P                                                                                            None
     except a greenhouse or stand for retail usc
2.   Year-round greenhouse or stand for             S       S                                S        S       p       p       P                                      G
     wholesale and retail sale of agricultural or
     farm products
3.   Temporary (not to exceed erection or use       S       S                      -                  -                       -       -                              R
     for a period of3 months in any 1 year)
     grccnhouse or stand for retail sale of
     agricultural or farm products raised
     nrimarily on the same premises
4.   C0mmercial stahle, kennel, or veterinary       S       S        -             -                  -               -       -                          -           G
     hospital in which all animals, fowl or
     other forms oflife are completely
     enclosed in pens or stmctures
5.   Noncommercial forestry and growing of          P       P         P            P         P        P       P       P       P       P    P             P         None
     all vegetation
Retail Service Commercial
I.   Retail establishment selling principally
     convenience goods, including but not
     limited to food, drugs and proprietary
     goods:
     a. With a maximum floor area of 10,000                           ..
                                                                                              -               p       p       p       p    ...                       G
     square feet for any single establishment
     b. With no limitation with respect to                  -         ~            -         -                p       p                    -                         G
     floor area




                                                                                        235:A2                                                                       07 - 20 - 2008
                                                                                   ZONING


                                                                     Table of Use and Parking Regulations
                                                                                City of Melrose
                                                                                    \'-'UUl-U

                                                                Residential Districts                         Business Districts          Industrial
                                                                                                UR-C   BA         BE                       Districts     Parking Code
                  Principal Use:                    SR   SR-A    SR-E       UR-A        UR-B    UR-D   BA~l     BR-l      BC       BD   I          I-A   (See & 235-32)
1.1   Retail food cstablishmcnl with a floor area                                        --             P          P       P       P    -          P           G
      of less than 3,000 square feet in
      conjunction with an off-premises liquor
      license




                                                                                   235:A2.1                                                                    09 - 05 - 2009
                                                                                       ZONING


                                                                          Table of Usc and Parking Regulations
                                                                                     City of "Ielrose
                                                                                          (cont'd)
                                                                                          ~'-'"'' U)
                                                                  Residential Districts                              Business Districts              Industrial
                                                                                                       UR-C   BA         BB                           Districts         Parking Code
                  Principal Use:                     SR    SR-A    SR-B         UR-A       UR-B        UR-D   BA-l      B8-1     BC       BO     1           I-A        (See & 235-321
2.    Retail establishment selling general                                                                                                                    ...
      merchandise, including but not limited to
      dry goods, apparel and accessories,
      fumiturc and home thrnishings, home
      equipment, small \varcs and hardware,
      and including discount and limited price
      variety storcs:
      a. With maximum floor area limitation                           -                       -                p          p       S       -                                   G
      of 10,000         square feet for any single
      establishment
      b. With no limitntion with respect to                                                                    P          S                                                   G
      floor area
3.    Eating and drinking places \VhCTC                                                                        P          P       S       S                                   D
      consnmption is primarily intended to be
      within the building
4.    Drive-in eating and drinking                          -                                 -         -      -          S               -                                   G
      establishment
5.    Sales by vending machines as a principal                                                                            S       .
                                                                                                                                  ~

                                                                                                                                          S                   ...             G
      use
6.    Establishment selling ncv·. . automobiles             -         ~
                                                                                  -                     -      S          p               -                                   E
      and/or used automobiles and tmcks, new
      automobile tires and other accessories,
      aircraft, boats, motorcycles :md household
      and camping trailers
7.    Hotels and motels                                     ..                                                 S          p               S                                   F
8.    Personal and consumer service                         -         -           -                     -      p          p       p       p                   -               G
      establishment
9.    Funeral cstnblishmcnt                           ..    ..                                          S      S                  S       P                                   G
10.   Medical offices (such as doctor offlccs,              -                                           S      S                  S       P                                  G-J
      dentist offices and clinics), including
      accessory medical research and associated
      facilities
11.   Membershin club 0 )crated for nrofit                  -                                 -         S      P                  S       ....                -               N
12.   Miscellaneous professional and business               •..                   -                            p          S       S       P      -                            G
      offices and services, including but not
      limited to legal and other professional
      services and finance, banking, insurance
      and real estate offices                                                                                                                                       I

                                                                                       235:A3                                                                                 07 - 20 - 2008
                                                                        MELROSE CODE


                                                                   Table of Usc and Parking Regulations
                                                                               City of Melrose
                                                                                    (cont'd)
                                                              Residential Districts                       Business Districts     Industrial
                                                                                             UR·C     BA      BB                  Districts     Parking Code
                Principal Use:                   SR    SR-A    SR-B       UR-A       UR-B    UR-D    BA-l   8B-l      Be BD    I          I-A   (Sec & 235-321
13. Business or trade school or CO\\ci'C         -      --       -        -        -                p       -       -     p               ...         L
14. Automotive repair or automobile service      -                                 -        -       S       p       S     -    S          S           E
    station (not including a junky<lrd or open
    storage of abandoned alltomohiles or
    other vchicles)
15. Miscellaneous business repair services       -      .-                         -        -       p       S       S     -    .          ..          G
16. Motion pichlTC establishment, indoor         ..                                                 P       P             -    -                      G
17. Other amusement and recreation sen/icc,             -        -                                  S       P             -    -          -           G
    indoor amnsement
18. Other amusement and recreation service,             -        -                                          p             -    -                      R
    outdoor amusement
19. Communications and television Im-ycr                S        S        -                         -           -         -    -          -          R
20. Commercial parking lot or stmcture,                 -        -        -                 S       p       P       P     S    P          P         None
    including a public garage (sec Article
    VIII, &235-41 for requisite standards)
21. Filling of water or wet area (sec Article    S      S        S        S        S        S       S       S       S     S    S          S         None
    XII, § 235-75)
22. Planned business development (see                   -        -                          S       S       S       S     S                -       G,G-I
    Arlicle XI, § 235-71)
23. Data processing, eompllter, telephone,       -      -        -                          p       p       p       p     p    -          -           G
    printing, mailing and other similar
    operations, when approved as part of a
    planned business dcyc!opmcnt
24. Adult use                                    --     -                                                   S                  S          S          G
25. Wireless commtmieation service faeilitv      S      S        S        S        S        S       S       S       S     S    S          S         None
26. Towers                                       S      S        S        S        S        S       S       S       S     S    S          S         None
Wholesale Transportation and Industrial
L   Removal of sand, gravel, quarry or other            S                          -                                           S          S           H
                                  Ii
    raw material (sec Article XII, 235-74)
2.  Processing and treating of rm,v materials,   ...    S        -        -                         -                     -    S          -           H
    inehlding operations appnrtenant to the
    taking, such as grading, drying, sorting,
    crushing, grinding and milling operations
    (sec Article XII, § 235-74)
,   ConstnJction industry, induding suppliers    -      -        -        -                 -               p       -     -    p          P           H




                                                                               235:A4                                                                 07 - 20 - 2008
                                                                                          ZONING


                                                                            Table of Use and Parking Regulations
                                                                                        City of Melrose
                                                                                             (cont'd)
                                                                       Hesidential Districts                       Business Districts        Industrial
                                                                                                      UR-C     BA      BB                     Districts        Parking Code
                   Principal Use:                       SR    SR-A      SR-B       UR-A       UR-B    UR-D    BA-l    BB-1     Be       SD   I       I-A       (Sec § 235-32)
4.    Manufacturing (sec note at end of this                                        -         -        -                                     p        P               1
      table)
5.    Bakery, lml1ldry or dry-cleaning plant            -      ...                  ...      -         -        S       P       S       -    P        P              1
6.    Railroad yards and railway express                -      -          -                  -                  -       p       -            p        P              H
      service
7.    Motor freight terminal and \varchousing                                                                           P                    P                       H
8.    Bus or railroad paSSCIl}:(CT terminal             ...
                                                                   -      ..•.               S         P        P       P       P                         ..         P
9.    Heliport, subject to the design criteria and                                                              S       S                    S                       P
      standards of the Federal Aviation
      Administration as published in Heliport
      Design Guide, Novemher 1969, or any
      latcr revision thereto
10.   Other transportation service                                                           ...                        P               ..
                                                                                                                                             P        P              P
11.   Wholesale trade and distribution                         ..                                                       P                    P        P              H
12.   Open storage of raw materials, finished                                       -        -                  -       S               -    S        S              R
      goods or construction equipment and
      :-;tmchlres for storing such equipment,
      provided it shall be screened from olltside
      view by an enclosed solid fence and gMe
      at least J 0 feet in height, or a solid wall of
      evergreens, when planted not more than
      18 inches apart and at least 3 fect in
      height, said evergreens to be ofvertieal
      habit and to be maintained, and a solid
      gatc at least 10 feet in hcight and not more
      than 20 feet in width
13    Storage of a fluid other than watcr as a          -      S          S         S         S        S        S        S      S       S    S        S              R
      princip,1! usc
14.   Research offices or cstablishmcnto;                                           -                  -        S       S       S       S    p        P              H
      devoted to research and development
      activities




                                                                                          235:A5                                                                     07 - 20 - 2008
                                                                            MELROSE CODE


                                                                      Table of Use and Parking Regulations
                                                                                 City of Melrose
                                                                                      (cont'd)
                                                              Residential Districts                            Business Districts        Industrial
                                                                                                 UR-C    BA       BB                      Districts     Parking Code
                 Accessorv Use:                   SR   SR~A    SR-B        UR-A        UR-8      UR-O   BA-]     BB-I      BC     BO   I          I-A   (S" § 235-32)
I.   Home occupation (sec Article XIII, § 235-    P     P         P           P          P        P      P         P       P      P               -          T
     77)
2.   Private day nursery or kindergarten.         S     S         S           S          S        S                -                   S          S          N
     provided it shall not occupy morc than
     30% ofthe gross floor area of the
     stmcture
1.   Accessory professional office of a           S     S         S           S          S        S      S         S       S      P    S          S         G-J
     licensed medical or dental practitioner in
     an existing dwelling
4.   Accessory building, such as a private        P     P         P           P          P        P      P         S       S      S               -         None
     garage, playhouse, greenhouse, tool shed,
     private s\vimming pool, carport, garage or
     similar accessory stmctuTcs, subject to
     provisions of Article VJ
5.   Accessory private garage for                 P     P         P           P          P        P      P         P       P      P    -                    None
     noncommercial motor vehicles, subject to
     provisions of Article VI
6.   Accessory community garages for                                          S          P        P      P         P       P      P    P          P         None
     noncommercial motor vehicles, subject to
     provisions of Article VI
7.   Accessory storage of a trailer,              P     P         P           P          P        P      -         P       -      -    p          P         None
     unregistered automobile or boat, utility
     trailer or boat trailer provided it shall
     either be stored within a principal or
     accessory building or behind the building
     line \vithin the side or rear yards and it
     shall not be used for dwelling or sleeping
     purposes; unregistered automobiles or
     unregistered trailers shall not be stored
     outside in residential districts
8.   Accessory repair and storage facilities in   -     -         -           -                          p         p       p      S    -                      I
     any retail sales or consumer
     establishment, provided it shall not
     occupy more than 25% of the gross floor
     area and shaH not be located within 15
     feet of any entrance used by the public                                                                                                                       .    -




                                                                                   235:A6                                                                     07 - 20 - 2008
                                                                                      ZONING


                                                                        Table of Use and Pllrking Regulations
                                                                                   City of IVIelrose
                                                                                       (cont'd)
                                                                   Residential Districts                         Business Districts        Industrial
                                                                                                  UR-C     BA        BB                        Districts       Parking Code
                 Ar.('.cssorv Usc:                     8R   SR-A    SR-B       UR-A        UR-B   l1R-O   BA-I      BB-I     IlC      BD   I           I-A     (8,ej235-32)
9.    Accessory outside storage clearly                                                                                                    p            P         None
      necessary to the operation and conduct of
      a permitted principal wholesale,
      transportation, industrial andlor
      commercial usc, provided it shall be
      screened from outside view by an
      enclosed solid fence or wnll and gate at
      least 10 feet in height, or a solid wall of
      evergreens, \vhcn planted not more than
      18 inches apart and at least 3 feet in
      height, said evergreens to be of vertical
      habit and to be maintained, and a solid
      gate at !cast 10 feet in height and not more
      than 20 feet in width
10.   Accessory manufacturing use, provided it                                                                                             1               1     Same as
      shall not occupy morc than 25% of the                                                                                                                    principa.lllse
      gross floor area of the building and it sh<lll
      not be locatcd within 100 feet of any "R"
      district or within 50 feet of any street lot
      line
II.   Accessory retail or consumer service usc               ~

                                                                                            S      S        S                 ~

                                                                                                                                      S                          Same as
      in a multifamily dwclling over 20,000                                                                                                                    principal use
      square fcct in gross floor area, provided
      all activities arc local cd on the first floor
      or basement floor levels; s11ch uses sh,,11
      not aggregate marc than 2,000 square
      feet; all materials, goods and activities in
      connection \vilh said uses shall be
      confined comnletelv \vil11in the buildin_g
12.   Newsstand, b::nbershop, dining room or                 -                                     S        P         P               P    P               P        G
      cafeteria <lnd similar accessory services
      primarily for oCc\lpants or users thereof
      within a hotel, office or industrial
      building, hospital containing more than 50
      sleeping rooms or lransportation terminil]
      facility
13.   Wall, fence or similar enclosure, provided
      that it is:




                                                                                      235:A7                                                                         07 - 20 - 2008
                                                                                 MELROSE CODE


                                                                           Table of Use and Parking Regulations
                                                                                       City of IVlelrose
                                                                                            ",,"L   u,
                                                                   Residential Districts                               Business Districts            Industrial
                                                                                                         UR-C   BA         IlB                        Districts      Parking Code
                Accessor'\.' Usc:                   SR     SR-A      SR-B       UR-A        UR-B         UR-D   BA-l      B8-1     BC       Illl   I          I-A    (See & 235-32\
      a.   Not more than 7 feet in height,          P        P         P           P          P            P     -           -                     -          -          None
      provided it docs not interfere with traffic
      circulation
      b, No height restriction, provided it does             -         -           -                       -     p          p       p        p     p          P          None
      not interfere with traffic circulation
14.   Up to 3 lodging units in nn existing          -        -                                p            p     S          S       S        S                             B
      dwelling
14A. One lodging unit housing up to 3 persons                S         S           S          P            P     S          S       S        S                -            B
     in an cxisling dwelling
15. Accessory storage of a fh1id other than         S        S         S           S          S            S     S          S       S        S     S          S          None
     water or gas
16. Accessory signs, subject to the provisions      P        P         P           P          P            P     P          P       P        P     P          P          None
     of Article VII
17. Accessory off-street parking and loading        P        P         P           P          P            P     P          P       P        P     P          P          None
     spaces as required in Article VIII, not to
     exceed 4 spaces
IS. Aceessol)' off-street parking and loading       S        S         S           S          S            S     S          S       S        S     S          S          None
     spaces as required in Article VIlJ in
     excess of 4 spaces
19. Public/private utility cabinets, The Board      S        S         S           S          S            S     S          S       S        S     S          S          None
     of Appeals may grant a special permit in
     the side or rear yard setback provided
     sufficient screening ,lUd buffers arc
     provided to protect the intcgrity and
     character of the area, Screening and
     buffers may be of structural or natural
     material or any combination thereof
     Cabinets shall not exceed a tolal height of
     7 feet
20. Wireless communications service facili! '       S        S         S          S           S            S     S ..... L-__~_     S   ----~      S          S          None

NOTES,
 I Not to be applied to garage space.
 2 Mixed residentinlibusiness uses shnll allow only the following business uses; retail establishments selling convcnience goods such as food, drugs and proprietary' goods; general
   merchandise such as dry goods, apparel and acccssorics, hardware, home furnishings and similar items: person<11 and consumer sen'icc cSlablislmlenls; and medic;]l. other professional
   and business offices, including financi<1l, insurance flnd real estate offices.

(Ord, No. 16985C, 11-27-1972; Ord. No. 17857, 4-17-1973; Ord, No. \8563, 12-2-1974; Ord. No. ! 96 76C. 2-21-1978; Ord. No. 19703, 2-21- J 978; Ord. No. 20052, 12-18-1978; Ord. No.
1650,5-4-1987; Ord. No, 2312,10-16-1989; Ord. No. 1573, 12-7-1989; Ord. No. 1574, 12··21-1989: Ord. No. 91-99, 3-18-1991; Ord. No. 95-189, 5-1-1995; Ord. No. 97-38,12-16-1996; Ord.
No. 99-021,1-4-1999; Ord. No. 08-128, 4-7-2008)




                                                                                         235:A8                                                                            07 - 20 - 2008
                                                                                 ZONING


                                                                  Table of Dimensional and Density Regulations
                                                                                City ofMclrose

                                        Minimum
                                            Lot
                                           Area        Minimum
                                         (square       Frontage    Minimum                                                                       Maximum
                                           fect)        and Lot       Lot                Yards             JVIaxirnum                             Floor     ~1inimum
                                           or as        \Vidth       Depth      Front     Side    Rear      Height      Maximum    Maximum        Area        Open
District              Use                  noted        (feet)       (feet)     (feet)   (feet)   (feet)     (feet)      Stories   CovcraJ..:c    Ratio       Space
  SR       Any pcnnitlCd usc              25,000         110           90        25       20       50            35       2%         35%          None         50°'0
 SR-A      Any pcnnittcd tlSC              15,000        100           90        25       15       40            35       2V2        35%          None         50%
 SR-B      Any pemitted usc                10,000        80            90        20       12       30            35       2\;2       35%          None         40%
 UR-A      Townhouse                     7,500 per       100           90        20       10'      20            35       2;;'       35%          None         35%
                                       dwelling unit
           Two-fami)y dwelling            13,500         100           90        20       10'      20            35       2'i2       35%          None         35%
           Single-family dwelling         7,500          75            90        20       10       20            35       2'i2       35%          None         35%
           Any other permitted llSC       10,000         100           90        20       10       20            35       2Yz        35%          None         35%
 UR-B      Single-family d\ycl1ing        7,500          75            90        20       10       15            35       2Yz        50%          None         30%
           Two-family and multi-         7,500 plus      100           90        20       10'      15            35       2%         50%3         None         30%
           family d\yclling uses and      3,000 for
           townhouses                  each dwelling
                                         unit more
                                          than one
           Any other pennitted use        10,000         100           90        20       10'      15            35       21Z         50%         None         20%
UR-C       Two-family ,md multi-         6,000 plus      100           90        20       10'      15            50        4          50%           1          20%
UR-D       family dwelling llses and      1,250 for
           townhouses                  each dwelling
                                         unit more
                                          than onc
           Any other permitted llse        7,500         75            90         20      10       15            50        4          50%          1           20%
           Nursing home                   20,000         100           90         20      10       15            50        4          50%         None         30%




                                                                                 235:A9                                                                    09 - 05 - 2009
                                                                                    MELROSE CODE


                                                                        Table of Dimensional and DensHy Regulations
                                                                                      City of Melrose
                                                                                           (Cont'd)

   BA       Any permitted usc                 5,0005            50            90           5      None      None          50              8             None             2.0             5%
  BA-I
   BB       Any permitted usc                 10,000            100           90          10          12      15          30              2             60%              .75             20%
  B8-1
   BC       Any permitted usc                 5,000 5           50            90          5       None      None          30              2             None             .75             10%
   BD       Any permitted usc                 5,0005            50            90          15      None        10          80              8             None             2.0              5%
            Nursing home                      20,000            100           90          20       10         15          50              4                     50%             None     30%
      1       Any pCn11ittcd usc              20,000            125           100         30       20         30          50              4                                      2.0
                                                                                                                                                                25%                       ---~~~'-~
NOTES.
  lOne side only for sidc-by-side nvo-family dwelling units; Olltsidc only for semi-detached row unit.
 2 Minimum yard dimensions sh<lll be increased by four feet for each story more than four .
 .1 Where off-street parking SP<1CC$ required by Article VIII of this chapter are located underground and under the building served by the parking, the m<lXimllm building covcmge may be
    increased above the pcrccntugc limit set forth in this table. This incrc3sc shall represent ail increase in building arcu up to the area ofthc parking spaces ,vhkh arc put underground.
 4 A credit may be given in determining minimum lot area for abutting and adjoining city-owned land pennancntly set aside for useS such as park land or playground; the extent of such credit

shall be determined by the Board of Appeals.
 5 For mixed uses, the minimum lot area shall be increased by 1,000 square fcet for each dwelling unit.



(Ocd. No. 16985C, 11-27-1972; Ocd. No. 17858, 4-17-1973; O,·d. No. 18467, 12-2-1974; Ocd. No. 19676D, 2-21-1978; Ord. No. 1691 A, 7-20-1987; Ocd. No. 1692A, 7-20-1987, Ocd. No. 1735,
12-7-1989; Ord. No. 95-189, 5-1-1995; Ord. No. 07-027 A, 3-19-2007; Ord. No. 07-132, 5-7-2007; Ord. No. 09-061,2-17-2009)




                                                                                        235:AIO                                                                                     09 - 05 - 2009

								
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