Popular in Course
verified elite notetaker
Popular in Real Estate
This 97 page Document was uploaded by an elite notetaker on Tuesday December 22, 2015. The Document belongs to a course at a university taught by a professor in Fall. Since its upload, it has received 12 views.
Reviews for Malden-Zoning-Code-for-Real-Estate
Report this Material
What is Karma?
Karma is the currency of StudySoup.
You can buy or earn more Karma at anytime and redeem it for class notes, study guides, flashcards, and more!
Date Created: 12/22/15
CHAPTER 12 ZONING SECTION 100 PURPOSE AND INTENT The purpose and intent of this ordinance is to lessen congestion in the streets; to conserve health; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to encourage housing for persons of all income levels; to facilitate the adequate provision of transportation, water, water supply, drainage, sewerage, schools, parks, open space and other public requirements; to conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; to encourage the most appropriate use of land throughout the city, including consideration of the recommendations of the Master Plan; and to preserve and increase amenities by the promulgation of regulations to fulfill these objectives. The purposes of the Floodplain District are to ensure public safety through reducing the threats to life and personal injury; eliminate new hazards to emergency response officials; prevent the occurrence of public emergencies resulting from water quality, contamination and pollution due to flooding; avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding; eliminate costs associated with the response and cleanup of flooding conditions; and reduce damage to public and private property resulting from flooding waters. Updated through 6/30/10 1201 SECTION 200 ESTABLISHMENT OF DISTRICTS 200. 1 Establishment of Districts For the purpose of this ordinance,the City of Malden is hereby divided into the following zoning districts: 200. 1. 1 Residence A Districts. 200. 1. 2 Residence B Districts. 200. 1. 3 Residence C Districts. 200. 1. 4 Residential Office (RO) Districts. 200. 1. 5 Neighborhood Business (BN) Districts. 200. 1. 6 Central Business (BC) Districts. 200. 1. 7 Highway Business (BH) Districts. 200. 1. 8 Industrial (I) Districts. 200. 1. 9 Reclamation and Redevelpment Districts. . 1 Rowe’s Quarry Reclamation and Redevelopment District 200. 2 Zoning Map These zoning districts are detailed on a map entitled Zoning Map, City of Malden, August 8, 1977, as amended with all boundary lines designated thereon, which map is hereby declared to be part of this ordinance and shall be on file in the office of the City Engineer who shall be responsible for its maintenance and any authorized amendments thereto. 200. 3 Boundaries The following guidelines shall apply where any uncertainty exists with respect to the boundary of any district as delineated on the zoning map: 200. 3. 1 Boundary lines indicated as a highway, street, alley, railroad, watercourse, or other body of water, shall be construed to be the centerline or middle thereof. 200. 3. 2 Boundary lines which approximate a city boundary are to be considered to be the limits of the city boundary. 200. 3. 3 Boundary lines which are located outside of street lines with distances placed upon the map shall be the distance in feet from the street lines to said boundary lines. 200. 3. 4 Boundary lines located outside of street lines without distances are intended to coincide with lot lines; where a dimensional boundary coincides Updated through 6/30/10 1202 five (5) feet or less with a lot line the boundary shall be construed to be that lot line. 200. 3. 5 Wherever any uncertainty exists beyond the preceding provisions of this section as to the exact location of a boundary line, the location of such line shall be determined by the Inspector of Buildings. 200. 4 Floodplains 200.4.1 Flood Plain District The Floodplain District is herein established as an overlay district. The District includes all special flood hazard areas within the City of Malden designated as Zone A or AE, on the Middlesex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Middlesex County FIRM that are wholly or partially within the City of Malden are panel numbers 25017C0429E, 25017C0433E, 25017C0434E, 25017C0437E, 25017C0441E and 25017C0442E dated June 4, 2010. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Middlesex County Flood Insurance Study (FIS) report dated June 4, 2010. The FIRM and FIS report are incorporated herein by reference and are on file with the City Clerk, Planning Board, Building Inspector, Conservation Commission and Assessor. 200. 4. 2 Base Flood Elevation and Floodway Data 200. 4. 2. 1 Floodway Data In A and AE Zones, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. 200. 4. 2. 2 Base Flood Elevation Data In A Zones, base flood elevation data is required for subdivision proposals or other developments of 3 or more lots or more than 15,000 square feet, whichever is the lesser. Updated through 6/30/10 1203 SECTION 300 USE REGULATIONS 300. 1 Basically: No building, structure, or land shall be used, constructed, erected, placed, altered, or converted, in whole or in part, for any purpose or in any manner other than for one or more of the uses set forth in Section 300.3 as permitted by right, indicated by the word "Yes", or as permitted by special permit, indicated by the letters "SP". The word "No" indicates the use is prohibited. The letters “SPR” indicate that Site Plan Review is required. 300. 1.1 Except for residential use “dwelling, multifamily, more than 6 stories but not to exceed 12 stories,” where a special permit shall be required by the City Council in accordance with Section 300.10 (all structures more than Six Stories) , for all residential uses where a Special Permit is required, as indicated by the letters “SP”, may be allowed only by Special Permit granted by the Planning Board in conformance with the following controls: 300. 1. 1. 1 For construction of new buildings, compliance with the dimensional controls and parking requirements of this Ordinance. 300. 1. 1. 2 For the addition of a residential use to a lawfully existing building or alteration, conversion or other change to a residential use lawfully existing or begun prior to the first publication of notice of the pubic hearing on this amendment, the Planning Board must find that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood. 300. 1. 1. 3 The Planning Board must find that the residential use is in the interest of the common good. 300. 1. 2 Except as otherwise hereinafter provided, for all institutional, business, industrial and other uses, where a Special Permit is required, as indicated by the letters “SP”, the use may be allowed only by Special Permit granted by the Planning Board in conformance with the following controls: 1. For construction of new buildings, compliance with the dimensional controls and parking requirements of this Ordinance. 2. For addition of the use to an existing building, or, for alteration, conversion or other change to a use lawfully existing or begun prior to the first publication of notice of the public hearing on this amendment, Updated through 6/30/10 1204 the Planning Board must find that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood. 3. The Planning Board must find that the traffic and traffic patterns generated by the proposed use will not adversely impact any of the surrounding streets or create a traffic or safety hazard. For purposes of determining traffic impact, the Planning Board may request an independent analysis of traffic data submitted by the petitioner, the cost of which will be borne by the petitioner. 4. The Planning Board must find that the proposed use will not be more detrimental to the neighborhood. 5. The Planning Board must find that the proposed use is not in conflict with surrounding land uses. 6. The Planning Board must find that the proposed use is in the interest of the common good. 7. The owner of the property shall install, repair or replace sidewalks, driveways and perform necessary incidental work adjacent to the property to the satisfaction of the DPW Director; in the event the sidewalks and driveways are in satisfactory condition, as determined by the DPW Director, the owner of the property shall contribute to the Community Improvement Fund of the ward in which the property is located an amount equivalent to the cost of replacing the sidewalks, driveways and incidental work. The estimated cost shall be determined by the DPW Director in accordance with Engineering cost estimates done for the City of Malden in preparation for replacement of sidewalks pursuant to MGL Chapter 90. 300. 2 Exceptions: The use regulations of this ordinance shall not prohibit, regulate, or restrict the use of land, buildings, or structures for religious purposes or for educational purposes on land owned or leased by the Commonwealth of Massachusetts or any of its agencies, subdivisions, or bodies politic or by a religious sect or denomination, or by a non-profit educational corporation, or by the City of Malden, excluding any of its agencies, subdivisions, or bodies politic. Updated through 6/30/10 1205 300. 3 Use Regulations: Uses of land, buildings and structures shall be regulated throughout the City of Malden as herein set forth: (This space intentionally left blank.) Updated through 6/30/10 1206 TABLE OF USE REGULATIONS** Section Use A B C RO BN BC BH I1 I2 Number 300. 3. 1 Agriculture Yes Yes Yes No No No No No No 300. 3. 2 Residential 300. 3. 2. 1 Dwelling, Single Family Yes Yes Yes Yes Yes No No No No 300. 3. 2. 2 Dwelling, Two Family No Yes Yes Yes Yes No No No No 300. 3. 2. 3 Dwelling, Three & Four Family No SP SP SP SP No SP No No 300. 3. 2. 4 Dwelling, Town or Row No SP SP SP SP No SP No No 300. 3. 2. 5 Dwelling, Multi-family,up to 3 No SP SP SP SP SP SP No No stories inclusive 300. 3. 2. 6 Dwelling, Multi-family,more then No No SP SP No SP SP No No three stories but not exceeding 6 stories 300. 3. 2. 7 Dwelling, Multi-family, more No No No No No SP No No No then 6 stories but not exceeding 12 stories 300. 3. 2. 8 Dwelling, Multi-family, more No No No No No No No No No then 12 stories 300. 3. 2. 9 Dwelling, Group Yes No Yes Yes Yes Yes No No No 300. 3. 2.10 Rooming House No No SP No No No No No No 300. 3. 2.11 Manufactured Home SP* SP* SP* SP* SP* SP* SP* SP* SP* 300. 3. 2.12 Planned Unit Development No No SP SP No No No No No 300. 3. 3 Institutional Use Updated through 6/30/10 1207 TABLE OF USE REGULATIONS** Section Use A B C RO BN BC BH I1 I2 Number 300. 3. 3. 1 Club or Lodge No No No Yes No Yes Yes Yes Yes 300. 3. 3. 2 Day Care Centers Yes No Yes Yes SP Yes Yes Yes Yes 300. 3. 3. 3 Hospitals SP SP SP Yes Yes Yes Yes No No 300. 3. 3. 4 Non-Profit School Yes Yes Yes Yes Yes Yes Yes No No 300. 3. 3. 5 Religious Facilities Yes Yes Yes Yes Yes Yes Yes Yes Yes 300. 3. 4 Business Uses 300. 3. 4. 1 Automotive Maintenance No No No No SP SP Yes Yes Yes 300. 3. 4. 2 Business School No No No Yes SP Yes No No No 300. 3. 4. 3 Funeral Home SP SP SP Yes Yes Yes Yes No No 300. 3. 4. 4 Gasoline Filling & Service No No No No SP No SP SP SP Station 300. 3. 4. 5 Greenhouse No No No No Yes No Yes No No 300. 3. 4. 6 Motel - Hotel No No No No No Yes Yes No No 300. 3. 4. 7 Nursing or Convalescent Home No Yes Yes Yes Yes No Yes No No 300. 3. 4. 8 Medical and Dental Offices or No No No Yes Yes Yes Yes SP SP Clinic 300. 3. 4. 9 Offices, General No No No Yes Yes Yes Yes Yes Yes 300. 3. 4.10 Recreation, Gainful Business No No No No Yes Yes Yes SP SP Updated through 6/30/10 1208 TABLE OF USE REGULATIONS** Section Use A B C RO BN BC BH I1 I2 Number 300. 3. 4.11 Restaurant, “Fast Food” Service, No No No No No SP SP SP SP that does not take call-ahead orders and is in excess of 1000 sq. ft. gross floor area 300. 3. 4.12 Restaurant, All Other No No No No SP Yes SP SP SP 300. 3. 4.13 Retail Sales, Convenience No No No No SP Yes Yes Yes Yes 300. 3. 4.14 Retail Sales, General No No No No SP Yes Yes Yes Yes 300. 3. 4.15 Retail Sales, only in No No No No No No No Yes Yes conjunction with On Site Manufacturing, Warehousing, Wholesaling & Distribution 300. 3. 4.16 Retail Services, Convenience No No No Yes Yes Yes Yes Yes Yes 300. 3. 4.17 Retail Services, General No No No No Yes Yes Yes Yes Yes 300. 3. 4.18 Adult Bookstore No No No No No No No SP SP 300. 3. 4.19 Adult Motion Picture Theater No No No No No No No SP SP 300. 3. 4.20 Planned Development No No No No No No SP No No 300. 3. 4.21 Adult Club No No No No No No No SP SP 300. 3. 4.22 Body Art No No No No SP No No SP SP 300. 3. 4.23 Drive Thru No No No No SPR SPR SPR SPR SPR 300. 3. 4.24 Convenience Store No No SP No SP Yes SP SP SP 300. 3. 4.25 Supermarket No No No No SP Yes SP SP SP Updated through 6/30/10 1209 300. 3. 5 Industrial Uses 300. 3. 5. 1 Building Construction & No No No No No No Yes Yes Yes Contracting 300. 3. 5. 2 Manufacturing and Repair No No No No No No No Yes Yes 300. 3. 5. 3 Marina No No No No No No No Yes Yes 300. 3. 5. 4 Motor Vehicle Repair Shop No No No No No No SP SP SP 300. 3. 5. 5 Warehouse No No No No No Yes SP SP SP 300. 3. 5. 6 Wholesale and Distribution No No No No No No SP SP SP 300. 3. 5. 7 Self Storage Facilities No No No No No No No SP SP 300. 3. 5. 8 Research and Development No No No No No No No No Yes 300. 3. 5. 9 Towing No No No No No No SP SP SP 300. 3. 6 Other Uses 300. 3. 6. 1 Fill SP SP SP SP SP SP SP SP SP 300. 3. 6. 2 Parking Facilities, Offsite SP SP SP Yes SP Yes Yes Yes Yes 300. 3. 6. 3 Flood Plain - All Uses SP SP SP SP SP SP SP SP SP 300. 3. 6. 4 Artist Live/Work Space No No No No No Yes No No No * In the event of a situation as described in Section 300.4.1, the Building Inspector, at his discretion, may issue a temporary unrenewable occupancy permit not to exceed sixty (60) days, providing a Special Permit is applied for prior to issuance of said temporary occupancy permit. ** For accessory uses, see Section 400.7.7 300. 4 Except in the Flood Plain District, a Manufactured Home hereafter erected, placed, constructed, altered, converted or otherwise changed may be allowed only by special permit by the Board of Appeal providing the placing of the manufactured home shall only be as follows: Updated through 6/30/10 1210 300. 4. 1 As a temporary quarter while an existing single family or two (2) family dwelling is being rehabilitated, relocated or reconstructed due to any governmental action, accident or "act of God." 300. 4. 2 A certificate of occupancy shall be valid for 180 days and renewable only once after the original 180 days except that such certificate shall be renewable in the Flood Plain District only in conformance with the State Building Code regulations for permanent mobile homes. 300. 4. 3 The above certificate of occupancy shall only be issued upon submission of an application to build a single or two (2) family dwelling. 300. 4. 4 Any action the Board of Appeal may take on this special Permit does not prejudice any future appeals on this parcel that may come before them. 300. 5 Planned Unit Development hereafter erected, placed, constructed, altered, converted, or otherwise changed may be allowed only by special permit in Residence C and Residential Office (RO) Districts by the Board of Appeal in conformance with the following controls: 300. 5. 1 In addition to those uses permitted in a Residential Office (RO) District, the following uses shall be permitted: 300. 5. 1. 1 Day Nursery. 300. 5. 1. 2 Recreation for Gainful Business. 300. 5. 1. 3 Restaurants, excluding "Fast Food." 300. 5. 1. 4 Convenience Retail Sales. 300. 5. 1. 5 Convenience Retail Services. 300. 5. 2 The minimum and maximum dimensional control requirements of this ordinance shall be in full compliance unless specifically changed in this section. 300. 5. 3 Minimum of fifty (50) dwelling units. 300. 5. 4 Maximum building coverage of the principal building or buildings of any lot is to be thirty (30) percent of the total lot area, except this maximum coverage may be exceeded by twenty (20)percent for a total combined maximum building coverage of fifty (50) percent providing that the offstreet parking is to be in the basement and/or cellar of the building and the land that would normally be used for offstreet parking would be devoted to usable open space as required in the dimensional controls. 300. 5. 5 Maximum gross floor area of business services shall be twenty (20) percent of the gross floor area of all buildings containing dwelling units in the development. Updated through 6/30/10 1211 300. 5. 6 The Board of Appeal must find that this special permit will not adversely affect the surrounding area. 300. 6 Fast Food Service type restaurant that does not take call-ahead orders and is in excess of 1,000 square feet gross floor area hereafter erected, placed, constructed, altered, converted, or otherwise changed may be allowed only by special permit granted by the Planning Board in conformance with the following requirements: 300. 6. 1 For construction of new buildings, compliance with the dimensional controls and parking requirements of this Ordinance. 300. 6. 2 For the addition of a restaurant use to a building or alteration, conversion or other change to a restaurant use, lawfully existing or begun prior to the first publication of notice of the public hearing on this amendment, the Planning Board must find that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood. 300. 6. 3 Landscaping and screening plans, prepared by a Landscape Architect, shall be submitted. 300. 6. 4 Offstreet parking shall not be permitted in the required setback of the lot. 300. 6. 5 Parallel offstreet parking shall not be permitted on the lot. 300. 6. 6 The restaurant must not, in any way, create a traffic or safety hazard. 300. 6. 7 There must be adequate protection against the creation and spread of litter and debris. 300. 6. 8 The Planning Board must find that the restaurant is in the interest of the common good. 300. 7 Restaurants erected, constructed, placed, altered, converted or otherwise changed may be allowed in Neighborhood Business (BN), Highway Business (HB) and Industrial (I1 and 12) districts by special permit granted by the Planning Board in conformance with the following requirements: 300. 7. 1 For construction of new buildings, compliance with the dimensional controls and parking requirements of this Ordinance. 300. 7. 2 For the addition of a restaurant use to a building or alteration, conversion or other change to a restaurant use, lawfully existing or begun prior to the first publication of notice of the public hearing on this Updated through 6/30/10 1212 amendment, the Planning Board must find that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood. 300. 8 "Fill" operations shall be conducted only by special permit granted by the Planning Board provided the following are in compliance: 300. 8. 1 Drawings to a scale not greater than one hundred (100) feet to an inch with contours shown at least at two (2) foot intervals indicating the elevations before and after the proposed filling, and the location of the area to be worked are to be submitted to the Inspector of Buildings, Planning Board, City Engineer, and Board of Health. A concept plan for future use of the land must also be submitted. 300. 8. 2 Permits issued under this "Fill" operation ordinance by the Inspector of Buildings shall be valid for six (6) months from date of issue and may be renewed by the Inspector of Buildings with the approval of the Board of Appeal. 300. 8. 3 This "Fill" operation ordinance shall not apply to the following: single and two (2) family house lots of 10,000 square feet of land area; where such removal is incidental to and in connection with operations by the city of Malden; with the construction of a building on the premises for which a building permit has been issued in accordance with the building code; and with the development of an approved subdivision. This subdivision exception shall not exceed a period of one (1) year from the date of the Planning Board's endorsement on the final approved subdivision plan and upon expiration of this one (1) year period this ordinance shall be in full effect. 300. 8. 4 The "Fill" operation must be found to not be detrimental to the surrounding neighborhood. 300. 9 Offsite offstreet parking lots hereafter constructed, altered, converted, or otherwise changed may be allowed in Residence A, Residence B, and Residence C Districts only by special permit granted by the Planning Board in conformance with the following controls: 300. 9. 1 In Residential districts; 300. 9. 1. 1 The parking facility shall be used only by residential occupants in areas where existing offstreet spaces on residential lots are presently Updated through 6/30/10 1213 inadequate in number and where the provision of such a facility would improve parking and traffic on adjacent streets. 300. 9. 1. 2 Tenants or users of said facilities shall be limited to residences within three hundred (300) feet of the lot, as measured along the closest line of access. 300. 9. 1. 3 All vehicles shall be solely for the private or professional use of their owners and none may be commercial vehicles of more than one-half (1/2) ton type or capacity. 300. 9. 1. 4 Maximum height shall be no more than thirty (30) feet or two (2) stories. 300. 9. 2 In all districts; 300. 9. 2. 1 All surfaces used or intended for the use of wheeled vehicles shall be paved with an all-weather dust free pavement. 300. 9. 2. 2 Lights shall be provided and so located as to be shielded from streets and adjoining properties. 300. 9. 2. 3 Compliance with all other applicable sections of this ordinance. 300. 9. 2. 4 The Board of Appeal must find that the facility is not detrimental to the public good. 300.10 All Structures More Than Six Stories but no more than twelve (12) stories in height may be allowed in Central Business (BC) districts only by Special Permit granted by the City Council in conformance with the dimensional controls of this ordinance; except for properties designated by the Residential Incentive Overlay (RIO) in the Central Business (BC) District. Properties developed using the RIO shall be governed by Section 300.27 of this ordinance. Any Special Permit granted hereunder may be authorized only under the following terms and conditions: 300.10. 1 The City Council must find that traffic and circulation shall be adequate following project development. The applicant shall supply traffic studies of the existing traffic on surrounding streets as well as the projected loads resulting from the construction of the proposed building. Such studies shall be performed by a qualified traffic engineer in conformance with the criteria established by the Transportation Research Board of the National Research Council, and shall include AM and PM hourly peaks. For the purposes of this Special Permit, "Adequate" shall mean a level of service of "D" or better. Updated through 6/30/10 1214 300.10. 2 The City Council must find that the proposed structure will create no significant new shadow for any properties in Residence A and B zoning districts. To insure the protection of solar access for adjacent neighborhoods, the developer must provide shadow analysis, drawn by a registered architect, for 9:00 A.M., 12:00 Noon, and 3:00 P.M. based upon standard time, for the winter solstice (December 21), spring and fall equinoxes (March 21 and September 21) and summer solstice (June 21). 300.10. 3 The City Council must find that the proposed structure will not be detrimental to the health, welfare, safety, peace and enjoyment of the nearby residents, and will not cause increases in loitering, disturbances, disorderly conduct, or excessive noise, or a decrease in air quality, and further, the Board must find the proposed use is in the interest of the public good. 300.10. 4 The City Council must find that water, sewer and drainage systems will be adequate following project development and that adequate provisions have been made for solid waste removal and recycling. The applicant shall provide studies, performed by a registered engineer, showing the impact the proposed development will have on existing water, sewer and drainage systems. For purposes of this Special Permit, a sewer shall be deemed "adequate" if its capacity is sufficient to accept discharge equivalent to the maximum discharge per dwelling unit, as set forth in Department of Environmental Protection standards; a drainage system shall be deemed "adequate if its capacity is sufficient to accept post-development runoff resulting from a 10 year storm; a water system shall be deemed "adequate" if development will result in no reduction to existing pressure and volume. 300.11 Flood Plain Districts. All development in the floodplain district, including structural and non-structural activities must be in compliance with all of the following: -Chapter 131 Section 40 of the Massachusetts General Laws; -the Flood Resistant Construction sections of the Massachusetts State Building Code; -the Wetlands Protection Regulations, Inland Wetlands, Restrictions, Coastal Wetlands Restrictions of DEP, the Minimum Requirements for the Subsurface Disposal of Sanitary Sewage as promulgated by the Department of Updated through 6/30/10 1215 Environmental Protection. No variances from the provisions and requirements of the above referenced regulations may be granted except in accordance with the variance procedures outlined therein. 300.11. 1 At the time of application, the petitioner shall submit five copies of all plans, including existing contour intervals of site and elevations of existing structures. 300.11. 2 The proposed use shall comply in all respects with the provisions of the underlying district. 300.11. 3 Along watercourses that have a designated Regulatory Floodway, encroachments which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. In Zone A the Building Inspector shall obtain, review and reasonably utilize any floodway data available as criteria for requiring that development meet the floodway requirements of this section. 300.11. 4 The Board must find that the work is in the interest of the common good. The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided that they are permitted in the underlying district and do not require structures, fill, or storage of materials or equipment: -Agricultural uses; -Forestry and nursery uses; -Outdoor recreational uses; -Conservation of water, plants or wildlife; -Wildlife management areas; -Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised in the premises. 300.11. 5 All applicable federal and state permits shall be obtained before any site work may be initiated. In a riverine situation, no site work may be initiated that will result in the alteration or relocation of a watercourse until the following have been notified: -adjacent communities; -the National Flood Insurance Plan Coordinator for the Massachusetts Office of Water Resources; -the National Flood Insurance Plan Program Specialist for FEMA Region I Updated through 6/30/10 1216 300.12 Planned Development projects may be allowed by special permit by the Malden Planning Board in the Highway Business (BH) district if said projects are consistent with the special permit criteria of this subsection. 300.12. 1 Minimum Lot Size The minimum lot size for a Planned Development project at the time of application shall be 50 acres. 300.12. 2 Temporary Uses The following uses may be allowed for site preparation of the development project in accordance with the Planned Development special permit: 300.12. 2. 1 Batching plants, excavation and gravel operations may be allowed in conformance with the following conditions: 300.12. 2. 1. 1 Batching plants shall be located at least 300 feet from any residential structure. 300.12. 2. 1. 2 Maximum height measured from finished grade to the top of the structure (not including safety devices) - 80 ft. 300.12. 2. 1. 3 All aggregate, other than sand, shall be produced from materials quarried on site. 300.12. 2. 1. 4 Batching plants and associated site shall be built and maintained in full compliance with all applicable Mass DEP regulations. Copies of all reports required by DEP shall be sent to the Planning Board. 300.12. 2. 1. 5 No batching plant or associated quarry activities shall be permitted blow an elevation that is 20 feet above mean sea level. 300.12. 2. 1. 6 The applicant shall provide a surety or mortgage to the satisfaction of the Planning Board to assure an MGL chapter 21E clean site and to insure the regrading of the site in the event that the holder of the special permit is unable to regrade the site in conformance with the Development Master Plan. If the special permit holder ceases operations associated with the above noted temporary uses before the submission or approval of the Development Master Plan, funds from the above noted surety shall be used to regrade the site to conditions that would conform with the Development Master Plan prepared for the Planning Board in accordance with Section 300.22.2.9. 300.12. 2. 1. 7 As a condition of the special permit a Development Master Plan (Master Plan) consistent with the criteria and procedures defined in Section 300.22.2.9 shall be filed with the Planning Board within 5 years of receiving a special permit for any or all uses noted in 300.22.2.1 above. A Master Plan shall be required for all property associated with the Updated through 6/30/10 1217 permitted temporary uses including all property owned by the special permit holder that abuts the temporary uses. The Planning Board shall submit copies of the Master Plan to the Malden Redevelopment Authority and to the City of Revere Planning Board for review and comment. The Planning Board shall have 4 months to review the Master Plan and approve as submitted, approve with conditions or disapprove. In the event a master plan is deemed incomplete by the Planning Board, a complete plan must be submitted within three months of official notice by the Planning Board, failing which the Building Inspector shall order a cease in the temporary use until reinstituted by the Planning Board. If disapproved, the owner shall have the right to resubmit at any time within the 5 year filing time frame noted above, or if disapproval occurs after the 5 year limit, within 3 months of official notification of this original disapproval. However, if the Master Plan is not submitted for approval within the specified time period, or if disapproved, or if the time limits above have expired, the special permit holder shall be considered in violation of the special permit conditions and the Building Inspector shall order a stop to all operation and further order removal of all equipment, and furthermore, shall forfeit the security described in 300.22.2.8. Once approved, the owner can petition the Planning Board at any time for changes to the Master Plan. At said time the Planning Board may require additional information to substantiate the requested change, and shall seek comment from the Revere Planning Board and the Malden Redevelopment Authority. After approval of the Master Plan the temporary uses shall be deemed permissible for a period of eight years commencing from the date of receiving the special permit for said uses. However, if by a date not less than one year from the end of the eight year period noted above development activity, in general conformance with the Master Plan, has not commenced, the holder of the special permit shall be considered in violation of the special permit conditions. At a minimum, commencement of development activity shall be construed as the filing of a building permit or subdivision plan that is generally consistent with the approved Master Plan, the completed construction value of which is at least equal to the assessed value of the temporary special permit project or projects. However, if the owner can demonstrate that due to conditions beyond it's Updated through 6/30/10 1218 control, development consistent with the Master Plan cannot proceed, the Planning Board may extend the special permit. Conditions including but not limited to the delays in local, state or federal permitting shall be considered as appropriate conditions to extend the special permit. The extension shall be for a period of time that will result in allowing the operations of temporary uses for a period not to exceed ten years from the date of the issuance of the special permit. If development activity does not commence during the time period associated with the extension all temporary uses shall cease. In the instance where development activity does occur within the required time frame the Planning Board may allow, upon petition of the special permit holder, a continuation of the special permit temporary uses for a period not to exceed 5 years if it can be shown that said uses will not impede development consistent with the approved Master Plan. However, in no instance shall the operation of any temporary use exceed thirteen years. Upon request for an extension of a special permit the Planning Board may require the submission of additional or updated information regarding the Master Plan. 300.12. 2. 1. 8 The recipient of a special permit granted pursuant to this section shall provide the Planning Board with security for the performance of such recipient's obligation to prepare and file a Development Master Plan in conformance with the criteria and procedures of this section. The recipient of a special permit at the time of the issuance of said special permit shall deposit one of the following with the Planning Board: 1. Cash in the amount of $100,000; 2. A performance bond and/or other security as the Planning Board may deem adequate to provide sufficient funds for the preparation of a Development Master Plan by the Planning Board in the event that the recipient of the special permit fails to do so in a timely manner. The amount of said financial instrument shall have a present value from the time of issuance of not less than $150,000. Such security shall be deposited under terms which make the security available to the Planning Board to use for the development by it of a Master Plan in the event that the recipient of the special permit fails to do so. 300.12. 2. 1. 9 The Development Master Plan (Master Plan) shall have the following Updated through 6/30/10 1219 requirements: 300.12. 2. 1. 9. 1 Preparation Criteria and Copies All site plans shall be prepared and stamped by a registered land surveyor or professional engineer. All original site plans shall be prepared on standard 24"x36" mylar sheets at a minimum scale of 1"=40'. Elevation drawings, where required, shall be drawn at a minimum scale of 1"=8'. Ten copies of all site plans and other materials constituting the Master Plan submission shall be provided to the Malden Planning Board. 300.12. 2. 1. 9. 2 Information and Analyses 300.12. 2. 1. 9. 2. 1 The location and boundaries of the lot, adjacent streets or ways, and the location and owners' names of all adjacent properties. 300.12. 2. 1. 9. 2. 2 Existing topography to include contours (two foot intervals), the location of wetlands, streams, water bodies, drainage swales, areas subject to flooding, and unique natural land features. 300.12. 2. 1. 9. 2. 3 A site regrading plan indicating the proposed reconstructed topography of the development site. The regrading plan shall be at two foot intervals; be conducive to the implementation of the Master Plan; and shall indicate the nature and proposed compacting density of all materials used in regrading. 300.12. 2. 1. 9. 2. 4 A site plan illustrating the proposed general location of structures, including estimates of dimensions, foot print, total gross floor area, number of stories, general floor elevations and building height(s). 300.12. 2. 1. 9. 2. 5 An overall site access plan indicating the preferred access plan and alternatives. To include site plan schematic indicating the probable location of parking and loading areas, driveways, access and egress points. 300.12. 2. 1. 9. 2. 6 The locations, description and capacity of all existing and proposed sanitary sewer, water supply and storm drainage systems, refuse and other waste disposal methods and any other public utility or communication easement or installation. 300.12. 2. 1. 9. 2. 7 Based on an estimated level of development an analysis of the impact of storm water runoff on adjacent and down stream water bodies and water tables and an analysis of the impacts to the regional waste water system. 300.12. 2. 1. 9. 2. 8 Identification of landscape features both natural and proposed. To include the location and a description of buffer areas, screening, fencing and planting designed to protect and enhance the surrounding areas. 300.12. 2. 1. 9. 2. 9 The location and description of proposed publicly accessible open space Updated through 6/30/10 1220 and/or recreation areas, if applicable. 300.12. 2. 1. 9. 2.10 The Master Plan shall provide a traffic study to include at a minimum the average daily traffic and peak hour traffic on the existing roadways that service the site (it shall be collected within one year before the Master Plan submission); projected vehicle trips after full development of the site; level of service analyses of affected intersections, before and after development; and suggested mitigation measures to insure that the level of service operates at level "D" or better. As much as is possible all traffic information should be related to roadway alterations being considered by local, state or federal authorities. 300.12. 2. 1. 9. 2.11 Information regarding the potential dangers of erosion, destabilization of ledges and sedimentation caused by the operation and maintenance of the proposed development and the mitigation efforts proposed. 300.12. 2. 1. 9. 2.12 A site plan indicating the proposed development scenario with a visual analysis indicating the visual impacts of the proposed development on all surrounding neighborhoods. 300.12. 2. 1. 9. 2.13 An analysis of the estimated net fiscal impacts to the City of Malden as a result of development. To be prepared in one year, three year and ten year formats. 300.12. 2. 1. 9. 2.14 As part of the Master Plan submission to the Planning Board, the special permit holder shall submit the name of the individual or entity chosen to develop the area covered by the Master Plan, along with a copy of its agreement with such developer. Information regarding the experience and financial capabilities of the proposed development firm or team with examples of prior projects that are of a similar size and scope shall also be provided. 300.12. 3 Special Permit Uses All uses permitted by right and special permit in the BH district, except motor vehicle repair shops, shall be permitted as part of the initial special permit for a Planned Development. However, all projects or any individual element must be generally consistent with the approved Master Plan or the Master Plan with approved amendments. The dimensional controls applicable in the Table of Intensity Regulations (section 400.1) shall apply to each use proposed, except where superseded by the following: 300.12. 3. 1 minimum lot size: 2 acres 300.12. 3. 2 building coverage per lot: 50%-not including parking areas or structures. Updated through 6/30/10 1221 300.12. 3. 3 minimum yard setbacks: side yards-50 feet; front and rear yards - 100 feet. 300.12. 3. 4 maximum height 96 feet and 8 stories. 300.12. 4 The Planning Board must find that the Planned development is in the interest of the common good. 300.12. 5 The Planning Board must find that the Planned Development will not adversely impact the surrounding area. 300.12. 6 The Planning Board must find that traffic generated by both temporary and permanent uses will not adversely impact any of the surrounding residential streets. 300.13 Residential Incentive Overlay (RIO). A RIO, consistent with the recommendations of the Malden Square Zoning and Design Plan dated March 1998, may be applied over parcels within the Central Business (BC) District. The overlay shall not restrict property owner rights relative to the underlying zone. However, if the owner elects to use the RIO for development purposes, development shall conform to the following regulations, and other regulations that may apply consistent with the ordinances of the City of Malden: 300.13. 1 The RIO shall permit multi-family residential use by right up to 12 stories and a height of 120 feet from the highest point of the established grade. 300.13. 2 The RIO shall permit all allowed uses in the underlying Central Business Zone at street level. These uses shall not exceed 65% of the total floor area of any floor(s) at grade/street level. 300.13. 3 All non-residential uses shall be subject to the same off-street parking requirements as the underlying Central Business Zone. However, residential uses in the RIO shall require 1.5 parking spaces per unit. If such residential property is located within 2000 feet of the property line of a MBTA rapid transit or train station the RIO development shall require 1.25 off-street parking spaces per unit. Parking shall be provided on site or in an off-site facility within 400 feet of any property line of the residential property. In the instance where parking is provided off site, but within 400 feet of the residential property, the Malden Traffic Commission shall certify that said parking is available for use. In no instance shall more than 30% of the required off street parking be permitted in an off-site location. 300.13. 4 Dimensional Requirements. All allowed uses in the RIO shall be subject to Updated through 6/30/10 1222 the dimensional requirements contained in Section 400.1 and Section 400.3 (but shall not be subject to the provisions contained in Section 300.20), with the exception of minimum usable open space requirements, which shall be a minimum of 50 square feet per dwelling unit, and density requirement (sf/du) which shall be a minimum of 150 square feet in the RIO. However, the minimum area and frontage requirements, shall apply. 300.13. 5 Historic Structures. If the RIO is used at a site where a building or buildings have been designated as historic structures by local, state, or federal historic designation statutes, the historic facade or facades of the building or buildings shall be incorporated into the design for the reuse of the building or buildings in question. 300.13. 6 Building Materials and Colors. RIO development shall have masonry veneer as the majority of the building facade material. The facade shall be defined as the exterior, above grade surface area of the vertical plane of all exterior building walls, not including openings, penetrations, doors, windows and door and window frames and trim. At least 85% of the masonry veneer shall be brick or stone and/or brick or stone facing or other similar products. No more than 15% of the building facade shall be exposed concrete. Rough hewn cedar shingles, textured exterior plywood, vinyl siding, and reflective glass shall not be used. Masonry shall not be painted. 300.13. 7 An area of passive recreation accessible to the public shall be required of all residential developments greater than 6 stories. 300.13. 8 Commercial space located at the street level of an RIO development shall have large display windows and transparent doors along the street level facade to maintain strong visual connections between the interior and exterior. Provide a minimum of 50% of the linear frontage of the commercial facade for doors and windows with non-reflective glass. Install doors with a minimum of 50% of their area in clear glass. 300.13. 9 Refuse Removal Facilities. All multi-family residential developments in the RIO shall provide a trash compactor room and facility on the premises and adequate access shall be provided for the servicing of said room and facility. Other provisions for the disposal of refuse may be permitted at the discretion of the Building Inspector, including dumpsters, if in the opinion of the Building Inspector a trash compactor room and facility cannot be adequately sited on the premises or is not deemed necessary for Updated through 6/30/10 1223 the safe and adequate removal of refuse given the provision of existing municipal trash collection services. However, if the Building Inspector permits dumpsters they shall be subject to the provisions contained in section 500.3.8 of this ordinance. 300.13.10 Traffic. The project proponent shall demonstrate that traffic and circulation shall be adequate following project development. The applicant shall supply a traffic study of the existing traffic on surrounding streets as well as projected loads resulting from the construction of the proposed building. Such studies shall be performed by a qualified traffic engineer in conformance with the criteria established by the Transportation Research Board of the National Research Council, and shall include AM and PM hourly peaks. For any proposal within the RIO, "Adequate" shall mean a level of service of "D" or better. 300.13.11 Shadow. The project proponent shall demonstrate that the proposed structure will create no significant new adverse shadow impact for any residential properties of two units or fewer in Residence A and B Zoning Districts. To insure the protection of solar access, the developer must provide shadow analysis, drawn by a registered architect, for 9:00 AM, 12:00 noon, and 3:00 PM based on Standard Time, for the winter solstice (December 21), Spring and Fall equinoxes (March 21 and September 21) and summer solstice (June 21). 300.13.12 The project proponent shall demonstrate that water, sewer and drainage systems will be adequate following project dev
Are you sure you want to buy this material for
You're already Subscribed!
Looks like you've already subscribed to StudySoup, you won't need to purchase another subscription to get this material. To access this material simply click 'View Full Document'