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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.
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:  At least 60% of the front  Minimum front yard: 15 side of a lot facing a feet from the lot line. public street, measured  Minimum side yard: 12 in percentage of linear feet from the lot line. feet of the frontage, shall be occupied by buildings  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.  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  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  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  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  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%.  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  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  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  From a structure: 10 feet (2) Notwithstanding § 235-73.1C(l),  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  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,  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  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  From a side lot line: 12 Planning Board as part of site feet. plan review. Where shared  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.  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.  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  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  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  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  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  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,  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  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  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.  Any traffic or directional  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.  One unlighted temporary  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  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  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  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  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  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  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  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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