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City of Chelsea - Zoning Ordinances 500 Broadway, Chelsea, MA 02150 Chelsea City Hall ph: 617-466-4000 Zoning Ordinances Section No. Section Title Table of Contents Table of Contents (.pdf) Section 1.0 Purpose and Authority (.pdf) Section 2.0 Districts (.pdf) Section 3.0 Use Regulations (.pdf) Section 4.0 Dimensional Regulations (.pdf) Section 5.0 General Regulations (.pdf) Section 6.0 Special Regulations (.pdf) Section 7.0 Special Residential Regulations (.pdf) Section 8.0 Special Districts (.pdf) Section 9.0 Administration and Procedures (.pdf) Section 10.0 Definitions (.pdf) Appendix A Table of Dimensional Regulations (.pdf) Appendix B Table of Parking Requirements (.pdf) Appendix C Table of Principal Use Regulations (.pdf) http://www.ci.chelsea.ma.us/Public_Documents/ChelseaMA_Planning/zoning_d ocs/zoneord?textPage=[1 5/14/11 7:05:42 AM] ZONING ORDINANCE CITY OF CHELSEA, MASSACHUSETTS TABLE OF CONTENTS SECTION PAGE NO. SECTION 1.0 PURPOSE AND AUTHORITY 1.1 PURPOSE 9 1.2 AUTHORITY 9 1.3 APPLICABILITY. 10 1.3.1 Force and Effect 10 1.3.2 Effective Date 10 1.3.3 Other Regulations 10 1.3.4 Effect of Invalidity 10 1.3.5 Uniformity 10 1.4 ADOPTION OFF AMENDMENTS 10 1.4.1 General 10 1.4.2 Public Hearing 11 1.4.3 Notice 11 1.4.4 Action 11 1.5 SEVERABILITY 11 SECTION 2. 0 DISTRICTS 2.1 ESTABLISHMENT 12 2.1.1 Residence 1 (R1) District 12 2.1.2. Residence 2 (R2) District 12 2.1.3. Business (B) District 13 2.1.4. Retail Business (BR) District 13 2.1.5. Highway Business (BH) District 13 2.1.6. Shopping Center (SC) District 13 2.1.7. Waterfront (W) District 13 2.1.8. Industrial (I) District 13 2.1.9. Light Industrial (LI) District 13 2.1.10. Naval Hospital Development – Residential (NHR) District 13 2.1.11. Naval Hospital Development – Commercial (NHC) District 14 - 1 - Table of Contents (con’t) SECTION PAGE NO 2.2 OVERLAY DISTRICT 14 2.3 LOCATION OF DISTRICTS 14 2.4 INTERPRETATION OF DISTRICT BOUNDARIES 14 2.4.1 Street, Railroad or Utility 15 2.4.2 Parallel 15 2.4.3 Watercourse 15 2.4.4 Property Line 15 2.4.5 Divide Lot 15 2.4.6 Boundary Dispute 15 SECTION 3.0 USE REGULATIONS 3.1 PRINCIPAL USES 16 3.1.1 Symbols 16 3.1.2 Applicability 16 3.1.3 Table of Use Regulations 16 3.2 ACCESSORY USES AND STRUCTURES 16 3.2.1 General 16 3.2.2 Accessory Uses Available in All Districts 17 3.2.3 Accessory Uses Prohibited in All Districts 18 3.2.4 Accessory Uses in the Residence Districts 18 3.2.5 Accessory Uses in the Nonresidential Districts 20 3.3 NONCONFORMING USES AND STRUCTURES 21 3.3.1 Applicability 21 3.3.2 Nonconforming Uses 21 3.3.3 Nonconforming Structures 21 3.3.4 Findings 22 3.3.5 Variance Required 22 3.3.6 Nonconforming Single and Two Family 23 Residential Structures 3.3.7 Abandonment or Non-Use 24 3.3.8 Special Permit for Nonconforming 24 Structures or Uses Abandoned 3.3.9 Reconstruction after Catastrophe 24 3.3.10 Reversion to Nonconformity 25 - 2 - Table of Contents (con’t) SECTION PAGE NO SECTION 4.0 DIMENSIONAL REGULATIONS 4.1 GENERAL 26 4.1.1 One Structure per Lot 26 4.1.2 Reduction in Dimension 26 4.1.3 Table of Dimensional Requirements 26 4.2 NOTES TO DIMENSIONAL TABLE 26 4.2.1 Retail Business District 26 4.2.2 Airport Related Uses 26 4.2.3 Waterfront District 26 4.2.4 Floor Area Ratio 27 4.2.5 Access Road 27 4.3 SPECIAL DIMENSIONAL REGULATIONS 27 4.3.1 Reduction of Lot Area 27 4.3.2 Area of Corner Lots 27 4.3.3 Corner Clearance 27 4.3.4 Usable Open Space and Balconies 27 4.3.5 Required Yards; R1 and R2 Districts 28 4.3.6 Side Yards; BR and BH Districts 29 4.3.7 Gasoline Stations; BH District 29 4.3.8 Yard Requirements; SC and I Districts 31 4.3.9 Projections into Required Yards 31 4.3.10 Special Height Regulations 31 4.3.11 Lot Coverage 32 4.3.12 Floor Area Ratio; R2 District 32 4.3.13 Floor Area Ratio; I District 33 4.3.14 Siting of Buildings 33 4.4 TEMPORARY STRUCTURES 33 4.4.1 General 33 4.5 SPECIAL PERMIT FOR DIMENSIONAL RELIEF 34 4.5.1 General 34 - 3 - Table of Contents (con’t) SECTION PAGE NO 4.6 MUNICIPAL USES 34 4.6.1 General 34 SECTION 5.0 GENERAL REGULATIONS 35 5.1 OFF-STREET PARKING 35 5.1.1 General 35 5.1.2 Table of Required Off-Street Parking Spaces 35 5.1.3 Location of Parking Uses 35 5.1.4 Parking Lot Design 36 5.1.5 Access and Aisles 37 5.1.6 Enclosed Parking 38 5.1.7 Maintenance 38 5.1.8 Special District Regulations 39 5.1.9 Shared Parking 40 5.1.10 Special Permit 41 5.2 OFF-STREET LOADING REQUIREMENTS 41 5.2.1 General 41 5.2.2 Location of Facilities 42 5.2.3 Table of Off-Street Loading Requirements 42 5.2.4 Design 42 5.2.5 Restrictions 43 5.2.6 Special Permit 43 5.3 GENERAL LANDSCAPING REQUIREMENTS 44 5.3.1 Purpose 44 5.3.2 Applicability 44 5.3.3 Landscaping Requirements for Property Lines 44 5.3.4 Planted Area Requirements 45 5.3.5 Coordination with Site Plan Approval 45 5.3.6 Maintenance of Landscaped Areas 46 5.4 SIGNS AND ILLUMINATIONS 46 5.4.1 General 46 5.4.2 Signs in Residential Districts 46 5.4.3 Signs in Retail Business Districts 47 5.4.4 Signs in Highway Business, Shopping Center, 48 Industrial and Waterfront Districts - 4 - Table of Contents (con’t) SECTION PAGE NO 5.4.5 Signs in Naval Hospital District – Commercial 48 5.4.6 Off-Premises Signs 48 5.4.7 Design Standards and Restrictions 49 5.4.8 Illumination 49 5.4.9 Temporary Signs 50 5.4.10 Removal 50 5.5 PERFORMANCE AND STANDARDS 51 5.5.1 General 51 5.5.2 Air Pollutants 51 5.5.3 Noise 52 5.5.4 Odor 52 5.5.5 Heat, Glare and Vibration 52 5.5.6 Waste Disposal, Water Supply and Water Quality 52 5.5.7 Storage 52 5.5.8 Exterior Lighting 52 5.5.9 Exterior Lighting in a Residence Districts 53 5.5.10 Building Construction 53 5.5.11 Hazardous Materials 53 5.5.12 Erosion Control 53 5.5.13 Dish Antennae 54 5.5.14 Electrical Interference 54 5.5.15 Construction in the Flood Plain 54 5.5.16 Waterways License 54 SECTION 6.0 SPECIAL REGULATIONS 6.1 WIND ENERGY CONVERSION SYSTEM 55 6.1.1 General 55 6.2 EARTH PRODUCTS REMOVAL, LAND FILL, AND 55 MATERIALS FROM DEMOLITON OF STRUCTURES 6.2.1 Removal 55 6.2.2 Filling 55 6.2.3 Demolition Materials 55 SECTION 7.0 SPECIAL RESIDENTIAL REGULATIONS 7.1 CONVERSION OF A DWELLING 57 7.1.1 General 57 7.1.2 Open Space 57 - 5 - Table of Contents (con’t) SECTION PAGE NO 7.2 PLANNED DEVELOPMENT 57 7.2.1 Purpose 57 7.2.2 Special Permit 58 7.2.3 Eligible Uses 58 7.2.4 Minimum Acreage 59 7.2.5 Intensity of Use 59 7.2.6 Miscellaneous Conditions 59 7.2.7 Procedures 60 7.2.8 Design Review 61 7.2.9 Design Standards 63 SECTION 8.0 SPECIAL DISTRICTS 8.1 WATERFRONT INDUSTRIAL OVERLAY DISTRICT (WIOD) 67 8.1.1 Purpose 67 8.1.2 Underlying Uses 67 8.1.3 Uses Permitted As of Right 68 8.1.4 Uses Authorized after Site Plan Approval 69 8.1.5 Uses Authorized by Special Permit 70 8.1.6 Design Standards 71 8.2 AIRPORT RELATED OVERLAY DISTRICT (AROD) 71 8.2.1 Purpose 71 8.2.2 Underlying Uses 71 8.2.3 Airport Related Uses 72 8.3 INTERIM PLANNING OVERLAY DISTRICT (IPOD) 72 8.3.1 General Regulations 72 8.3.2 Recommendation for IPOD 73 8.3.3 Shopping Center Interim Overly District (SCIOD) 74 126.96.36.199 Declaration of Need to Establish InterimZoning 74 188.8.131.52 Physical Boundaries 75 184.108.40.206 Applicability 75 220.127.116.11 Zoning Regulations in Effect; Conflict Provisions 76 18.104.22.168 Purposes, Goals and Objectives in Mill Creek 76 Waterfront Neighborhood Sub-district Study Area 22.214.171.124 Interim Use Controls, Design Review Guidelines, 76 Intensity Regulations 126.96.36.199 Design Review, Intensity Regulations, Permitted Uses 77 188.8.131.52 Enforcement 77 184.108.40.206 Subsequent Amendments 77 - 6 - Table of Contents (con’t) SECTION PAGE NO 220.127.116.11 Timetables for Shopping Center IPOD Study 77 Area and Related Rezoning 18.104.22.168 Severability 78 8.4 WIRELESS COMMUNICATIONS OVERLAY DISTRICT (WCFOD) 78 8.4.1 Purpose 78 8.4.2 Location 78 8.4.3 Applicability 79 8.4.4 Uses as of Right 79 8.4.5 Special Permit 79 8.4.6 Conditions 80 8.4.7 Submittal Requirements 81 SECTION 9.0 ADMINISTRATION AND PROCEDURES 9.1 ADMINISTRATION 82 9.1.1 Permits 82 9.1.2 Occupancy Permit 82 9.1.3 Enforcement 82 9.1.4 Penalties 83 9.1.5 Non-criminal disposition 9.2 BOARD OF APPEALS 83 9.2.1 Establishment 83 9.2.2 Powers 83 9.2.3 Variances 84 9.2.4 [Reserved] 9.2.5 Conditions 85 9.2.6 Regulations 85 9.2.7 Fees 85 9.3 SPECIAL PERMITS 85 9.3.1 Special Permit Granting Authority 85 9.3.2 Criteria 85 9.3.3 Procedures 86 9.3.4 Plans and Other Submittals 87 9.3.5 Conditions 90 9.3.6 Lapse 90 9.3.7 Regulations 90 9.3.8 Fees 90 - 7 - Table of Contents (con’t) SECTION PAGE NO 9.4 SITE PLAN REVIEW 90 9.4.1 Applicability 90 9.4.2 Minor Site Plan Approval 91 9.4.3 Major Site Plan Approval 92 9.4.4 General Procedural Requirements 92 9.4.5 Preparation of Plans; Contents 93 9.4.6 Decision 95 9.4.7 Lapse 97 9.4.8 Regulations; Fees 97 9.4.9 Appeal 97 SECTION 10.0 DEFINITIONS 10.0 DEFINITIONS 98 APPENDIX A TABLE OF DIMENSIONAL REGULATIONS APPENDIX B TABLE OF PARKING REQUIREMENTS APPENDIX C TABLE OF PRINCIPAL USE REGULATIONS - 8 - 1.0 PURPOSE AND AUTHORITY 1.1 PURPOSE The purposes of this zoning ordinance are to achieve the objectives of the Zoning Enabling Act, Chapter 40A of the General Laws of Massachusetts, as amended, as presented in Section 2A of Chapter 808 of the Acts of 1975 and to promote the health, safety, and general welfare of the inhabitants of the City of Chelsea. The objectives include, but are not limited to, the following: to lessen congestion in the streets; to conserve health; to secure safety from fire, flood, panic, congestion, confusion and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid other dangers, 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 of Chelsea, and to preserve and increase amenities. 1.2 AUTHORITY This ordinance is adopted under the authority provided by, and in accordance with the provisions of Chapter 103 of the Acts of 1994, the Chelsea Charter Act; the provisions of Chapter 200 of the Acts of 1991, An Act Establishing a Receivership for the City of Chelsea; Chapter 103 of the Acts of 1995; the Zoning Act, G.L. c. 40A, as amended; Section 2A of 1975 Mass. Acts 808; and Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts. 1.3 APPLICABILITY 1.3.1 Force and Effect. The adoption of this zoning ordinance shall have the force and effect of repealing all presently existing zoning ordinances and regulations and amendments thereto, heretofore adopted by the City of Chelsea. This zoning ordinance and the repeal of all presently existing zoning ordinances and regulations heretofore in force shall not affect any act done, any right accrued, or any penalty or liability incurred on any suit, prosecution, or proceeding pending at the time this ordinance becomes effective. 1.3.2 Effective Date. The effective date of the regulations and restrictions of this ordinance, and the establishment of the respective districts shall be May 19, 2003, except as otherwise modified or amended by specific or general provision enacted after the date set out in this subsection. 1.3.3 Other Regulations. In general this ordinance is supplementary to other ordinances affecting the use and dimensions of buildings, structures, and premises. Where this ordinance imposes greater restrictions than imposed by other ordinances, the provisions of this ordinance shall control. 1.3.4 Effect of Invalidity. The invalidity of any section or provision of this ordinance shall not render invalid any other section of this ordinance. 1.3.5 Uniformity. Nothing in this ordinance shall be construed as establishing regulations or restrictions which are not uniform for each class or kind of buildings, structures or land, and for each class or kind of use in each district. 1.4 ADOPTION OF AMENDMENTS 1.4.1 General. This ordinance may be amended from time to time by a two-thirds affirmative vote of the City Council in accordance with the provisions of G.L. c. 40A. 1.4.2 Public Hearing. No amendment to this ordinance shall be adopted until after the Planning Board and the City Council have each held a public hearing, together or separately. 1.4.3 Notice. Notice of the time, place and subject matter of each required hearing shall be given as provided in G.L. c. 40A, s. 5. 1.4.4 Action. After the appropriate hearings have taken place the City Council may adopt, reject, or amend and adopt any such proposed ordinance. 1.5 SEVERABILITY If any section, paragraph, sentence, or clause of this ordinance shall be declared unconstitutional, invalid or inoperative by the valid judgment or decree of any court of competent jurisdiction, such offensive provision shall be severed herefrom, and such determination shall not affect any of the remaining clauses, sentences, paragraphs and sections herein. 2.0 DISTRICTS 2.1 ESTABLISHMENT For the purpose of this ordinance, the City of Chelsea is hereby divided into the following districts: Residence R-1 District R1 Residence R-2 District R2 Business District B Retail Business District BR Highway Business District BH Shopping Center District SC Waterfront District W Industrial District I Light Industrial/Office District LI Naval Hospital Development District: - Residential NHR - Commercial NHC 2.1.1 Residence 1 (R1) District. The purpose of the R1 District is to provide an area for residential and associated uses. 2.1.2 Residence 2 (R2) District. The purpose of the R2 District is to provide an area for multi-family dwellings and associated uses. 2.1.3 Business (B) District. The purpose of the B District is to provided areas for professional, business and governmental offices and related and complimentary uses. 2.1.4 Retail Business (BR) District. The purpose of the BR District is to provide a downtown area with the range of business sales and services which generally constitute a central business district. 2.1.5 Highway Business (BH) District. The purpose of the BH District is to provide areas for retail business serving the vehicles and for automotive sales and services. 2.1.6 Shopping Center (SC) District. The purpose of the SC District is to provide areas of retail sales and services developed with more than one (1) establishment on one lot with shared common facilities and on-site parking. 2.1.7 Waterfront (W) District. The purpose of the WF District is to provide an area for uses which are water related and/or which benefit from proximity to the airport or the harbor, and to encourage public access to the waterfront. 2.1.8 Industrial (I) District. The purpose of the I District is to provide for research, manufacturing, wholesaling, and related distribution activities in locations with suitable access and where such activities can occur without an adverse impact upon residential areas. 2.1.9 Light Industrial (LI) District. The purpose of the LI District is to provide for office, light industry, research and development, wholesale and related distribution activities in locations with suitable access and where such activities can occur without an adverse impact upon residential uses. 2.1.10 Naval Hospital Development - Residential (NHR) District. The purpose of the NHR District is to redevelop a portion of the former Naval Hospital site for residential purposes. 2.1.11 Naval Hospital Development - Commercial (NHC) District. The purpose of the NHC District is to redevelop a portion of the former Naval Hospital site for office uses, recreational uses and related purposes. 2.2 OVERLAY DISTRICTS The following overlay districts are also hereby created and are set forth in Section 8.0: Waterfront Industrial Overlay District WIOD Airport Related Overlay District AROD Interim Planning Overlay District IPOD Wireless Communication Facilities Overlay District WCFOD 2.3 LOCATION OF DISTRICTS 2.3.1 Zoning Map. Said districts are located and bounded as shown on a map entitled "Zoning Map, Chelsea, Massachusetts," copies of which are on file in the offices of the City Clerk, Zoning Enforcement Officer and the Planning Board, dated May 19, 2003 and any amendments thereto. The Zoning Map, with all explanatory matter thereon, is hereby made a part of this ordinance and may be reissued by the Planning Board to incorporate such amendments as may be made by the City of Chelsea. The Zoning Enforcement Officer shall maintain at least two currently accurate zoning maps of which one shall be displayed in his office and one in the office of the City Clerk. 2.4 INTERPRETATION OF DISTRICT BOUNDARIES The location of district boundary lines shown upon the Zoning Map shall be determined as follows: 2.4.1 Street, Railroad or Utility. Where a boundary is shown as following a street, railroad or utility, the boundary shall be the center line thereof unless otherwise indicated. 2.4.2 Parallel. Where a boundary is shown outside of a street, railroad or utility, and is approximately parallel thereto, it shall be deemed parallel to the nearest property line thereof and the figure placed on the Zoning Map between the boundary and such line shall be the distance in feet between them, as measured at a right angle from such line unless otherwise indicated. 2.4.3 Watercourse. Where a boundary is shown as following a watercourse, the boundary shall coincide with the centerline thereof as said centerline existed at the date of the Zoning Map. 2.4.4 Property Line. Where a boundary apparently follows a property line, it shall be interpreted as coincident. 2.4.5 Divided Lot. Where a district boundary line divides a lot, the more restricted zoning district shall be interpreted as extending no further than twenty (20) feet into the adjacent district. 2.4.6 Boundary Dispute. In case of uncertainty, the Inspector of Buildings shall determine the exact location of the boundary. 3.0. USE REGULATIONS 3.1 PRINCIPAL USES No land shall be used and no structure shall be erected or used except as set forth in the following Table of Use Regulations, including the notes to the Schedule, or as otherwise set forth herein, or as exempted by General Laws. Any building or use of premises not herein expressly permitted is hereby prohibited. Not more than one principal use shall be allowed on any lot, except as otherwise may be provided herein. 3.1.1 Symbols. Symbols employed in the Table of Use Regulations shall mean the following: Y - A permitted use. N - An excluded or prohibited use. SP - A use authorized under special permit from the Board of Appeals as provided under Section 9.3. 3.1.2 Applicability. When an activity might be classified under more than one of the following uses, the more specific classification shall govern; if equally specific, the more restrictive shall govern. 1. Where a use qualifies as a Major Commercial Project, that category shall govern. 3.1.3 Table of Use Regulations. See Appendix C. 3.2 ACCESSORY USES AND STRUCTURES 3.2.1 General. Accessory uses shall be on the same lot as the principal uses to which they are accessory except as provided in Section 5.1.3 and shall not significantly alter the character of the premises on which they are located. 1. Floor Area. No accessory use or uses within a building other than an accessory garage shall occupy more than a combined total of twenty-five (25) percent of the floor area of the related approved occupancy permit. 2. Location. No accessory building, structure or use shall be located within the required front yard area nor shall be located nearer than five (5) feet to any side or rear lot line except by special permit from the Zoning Board of Appeals and conditional upon the following: a. Adequate access on the lot shall remain for the unobstructed passage of emergency equipment to the rear of the principal building. b. In the case of a garage, the owner of the lot shall demonstrate that substantial hardship results where the parking is provided in another location or manner, and that such provision would not adversely affect surrounding properties or interfere with the movement of vehicles on the adjacent street. 3.2.2 Accessory Uses Available in All Districts. 1. Accessory Scientific Uses. Activities accessory to activities otherwise permitted within the district as a matter of right, which activities are necessary in connection with scientific research or scientific development, whether or not on the same parcel as activities permitted as a matter of right, may be authorized in all districts by the grant of special permit by the Zoning Board of Appeals. 2. Retail Business or Personal Service Establishments. Retail business or personal service establishments conducted within and accessory to a principal building used as a parking facility may be authorized in all districts by the grant of special permit by the Zoning Board of Appeals. a. All such accessory uses occupy not more than 5,000 square feet of the floor area of the principal building unless otherwise allowed under special permit. b. There shall be no exterior storage of materials or equipment. 3.2.3 Accessory Uses Prohibited in All Districts. Except as otherwise provided herein, the following accessory uses are prohibited in all districts: 1. Non-permanent Residential Structures. Non-permanent residential structures, trailers and mobile homes. 2. Non-permanent Business Structures. Non-permanent business structures, including trailers, trucks, open air stands, and carts used for office space, retail space, wholesale storage or storage accessory to a principal business use. 3.2.4 Accessory Uses in the Residence Districts. In the R1, R2 and NHR Districts, the following accessory uses are permitted: 1. Home Occupation. Home occupation or professional office conducted within and incidental to a principal building used for living purposes, provided that: a. It does not change the residential character of such building. b. It is operated by a resident of the building and has not more than one (1) employee. c. It shall not occupy more than twenty-five (25) percent of the aggregated floor area of the related approved occupancy permit and any accessory building used therefor. d. There is no exterior storage of materials or equipment. e. There is no display of products visible from the street. f. Only one home occupation shall be permitted per dwelling unit. 2. Parking. Parking on public ways is governed by the regulations of the Parking and Traffic Commission. Accessory parking as required in Section 5.1 for use solely by residents of the premises is permitted provided that: a. An additional parking space may be provided for one (1) commercial vehicle up to 9,500 gvw (gross vehicle weight)for the business purpose of a resident of the premises. By special permit, parking may be authorized for one vehicle larger than the limit set forth above. b. The parking is on the same lot as the dwelling to which it is accessory. 3. Community Parking Area. In the R2 District only, a community parking area accessory to residential use is allowed by site plan review. 4. Accessory Buildings. Private accessory buildings not operated as part of a business, such as a private greenhouse, work shop, tool shed, bath house, garage or swimming pool. 5. Motor Vehicle Operations. No repair, servicing, sale or storage of motor vehicle and vehicle parts may be conducted as an accessory use in any Residential District. 3.2.5 Accessory Uses in the Nonresidence Districts. Any use permitted as a principal use is also permitted as an accessory use provided such use is customarily incidental to the main or principal building or use of the land. Any use authorized as a principal use by special permit may also be authorized as an accessory use by special permit provided such use is customarily incidental to the main or principal building or use of the land. Any use not allowed in the district as a principal use is also prohibited as an accessory use. Accessory uses are permitted only in accordance with lawfully existing principal uses. No repair, servicing, sale or storage of motor vehicle and vehicle parts may be conducted as an accessory use. In all instances where site plan review and approval is required for a principal use, the addition of any new accessory use to the principal use, where such addition exceeds the thresholds established in Section 9.4, shall also require site plan review and approval. 1. Parking Area for Residential Structures. Parking areas serving one or more residential structures are permitted as an accessory use in the BR and W Districts. 2. Parking Lot or Garage. A parking lot or garage, solely for the parking of passenger cars of tenants, employees, customers or guests of adjoining buildings or establishments is permitted as an accessory use in all Nonresidential Districts. 3. Retail Sales in the Industrial District. Retail sales may be offered accessory to a permitted use, provided that: a. The sale of goods is limited to those compounded, processed, packaged, or treated on the premises. b. All sales and storage is within an enclosed structure. c. Floor area devoted to sales is not to exceed twenty five (25) percent of the floor area of the use to which it is accessory. d. There is sufficient off-street parking and off-street loading in accordance with the provisions of Sections 5.1 and 5.2. 3.3 NONCONFORMING USES AND STRUCTURES 3.3.1 Applicability. This Zoning Ordinance shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this Zoning Ordinance, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder. 3.3.2 Nonconforming Uses. The Board of Appeals may grant a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals: 1. Change or substantial extension of the use. 2. Change from one nonconforming use to another, less detrimental, nonconforming use. 3.3.3 Nonconforming Structures. The Board of Appeals may grant a special permit to reconstruct, extend, alter, or change a nonconforming structure in accordance with this section only if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The following types of changes to nonconforming structures may be considered by the Board of Appeals: 1. Reconstructed or extended; 2. Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent. 3.3.4 Findings. In order to make the required finding pursuant to Sections 3.3.2 or 3.3.3, above, the Zoning Board of Appeals shall obtain from the petitioner and verify information necessary to make the following determinations: 1. Baseline Conditions: The extent to which the existing nonconforming structure or use does not currently conform to the requirements of the Zoning Ordinance with regard to permitted use, dimensional controls, parking, loading, or other requirements. 2. Proposed Changes: The extent to which the proposal would: a. increase the nonconformity with respect to each of the dimensional controls set forth in the Table of Dimensional Regulations; and b. the extent to which the proposal would increase any nonconformity with respect to required parking and loading; and, c. whether the proposal would intensify the existing nonconformities or result in additional ones. 3. In order to assist in making their decision, the Zoning Board of Appeals shall also review and consider information related to the following: traffic; noise; lighting; heat, glare and vibration; drainage; air quality; intensity of use; other factors which might create a public nuisance. 3.3.5 Variance Required. The reconstruction, extension or structural change of a nonconforming structure in such a manner as to increase an existing nonconformity, or create a new nonconformity, including the extension of an exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance of a variance from the Board of Appeals; provided, however, that this provision shall not apply to nonconforming single and two family residential structures, which shall be governed by Section 3.3.6, below. 3.3.6 Nonconforming Single and Two Family Residential Structures. Nonconforming single and two family residential structures may be reconstructed, extended, altered, or structurally changed but not more than 300 gross square feet upon the issuance of a building permit after a determination by the Inspector of Buildings that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of said structure. The following circumstances shall not be deemed to increase the nonconforming nature of said structure: 1. alteration to a structure which complies with all current setback, yard, building coverage, and building height requirements but is located on a lot with insufficient area, where the alteration will also comply with all of said current requirements. 2. alteration to a structure which complies with all current setback, yard, building coverage, and building height requirements but is located on a lot with insufficient frontage, where the alteration will also comply with all of said current requirements. 3. alteration to a structure which encroaches upon one or more required yard or setback areas, where the alteration will comply with all current setback, yard, building coverage and building height requirements; the provisions of this subsection shall apply regardless of whether the lot complies with current area and frontage requirements. 4. alteration to the side or face of a structure which encroaches upon a required yard or setback area, where the alteration will not encroach upon such area to a distance greater than the existing structure; the provisions of this subsection shall apply regardless of whether the lot complies with current area and frontage requirements. 5. alteration to a nonconforming structure which will not increase the footprint of the existing structure provided that existing height restrictions shall not be exceeded. In the event that the Inspector of Buildings determines that the proposed change exceeds 300 gross square feet or that the nonconforming nature of such structure would be increased by the proposed reconstruction, extension, alteration, or change, the Board of Appeals may, by special permit, allow such reconstruction, extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. 3.3.7 Abandonment or Non-Use. A nonconforming use or structure which has been abandoned, or not used for a period of two years, shall lose its protected status and be subject to all of the provisions of this Zoning Ordinance. 3.3.8 Special Permit for Nonconforming Structures or Uses Abandoned or Not Used for More than Two Years. Notwithstanding the provisions of G.L. c. 40A, s. 6 or Section 3.3.7, above, the Board of Appeals may grant a special permit authorizing the reconstruction, alteration, or rehabilitation, and occupancy and use of a nonconforming structure or use that has been abandoned or not used for a period of more than two years. 3.3.9 Reconstruction after Catastrophe. A nonconforming structure may be reconstructed after a catastrophe or after demolition in accordance with the following provisions: 1. Reconstruction of said premises shall commence within one year after such catastrophe, unless for good cause such period is extended, in writing, by the Inspector of Buildings. The applicant must request such extension in writing, and if granted by the Inspector, such extension shall be limited to six-month intervals. 2. Building(s) as reconstructed shall be located on the same footprint as the original nonconforming structure, shall be only as great in volume or area as the original nonconforming structure, and shall meet all applicable requirements for yards, setback, and height. 3. In the event that the proposed reconstruction would (a) cause the structure to exceed the volume or area of the original nonconforming structure or (b) exceed applicable requirements for yards, setback, and/or height or (c) cause the structure to be located other than on the original footprint, a special permit shall be required from the Board of Appeals prior to such demolition. 3.3.10 Reversion to Nonconformity. No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use. 4.0 DIMENSIONAL REGULATIONS 4.1 GENERAL No structure shall be erected or used, premises used, or lot changed in size or shape except in conformity with the requirements of this section, unless exempted by this Ordinance or by statute. Dimensions shall meet the requirements of the Table of Dimensional Regulations, Appendix A. 4.1.1 One Structure per Lot. Except as otherwise provided herein, not more than one principal structure may be placed on any lot. 4.1.2 Reduction in Dimension. No yard or lot existing at the time of passage of this ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance. 4.1.3 Table of Dimensional Requirements. See Appendix A. 4.2 NOTES TO DIMENSIONAL TABLE 4.2.1 Retail Business District. A residential use or business use with dwelling permitted in the Retail Business District shall conform to the requirements of height, lot size, yard, usable open space and floor area ratio as provided for in the R2 District. 4.2.2 Airport Related Uses. All airport related uses as defined herein shall be subject to the dimensional requirements of the I District. 4.2.3 Waterfront District. There shall be a land setback and/or easement of fifteen (15) feet from the mean high water line or harbor street. 4.2.4 Floor Area Ratio. Floor area ratio shall not exceed 2.0 if the lot is 2 acres or more or if all parking Is provided in a parking structure. 4.2.5 Access Road. An access road divided by a median strip shall be considered one access point. 4.3 SPECIAL DIMENSIONAL REGULATIONS 4.3.1 Reduction of Lot Area. No lot on which a building exists or is erected shall be altered and no structures shall be rearranged so as to create or increase a nonconformance with this ordinance. This section shall not apply to a lot when a portion of it is taken for a public purpose. 4.3.2 Area of Corner Lots. The area of a lot located at the intersection of streets may be computed as the area enclosed by the straight line extension of the right-of-way lines of the intersecting streets abutting the lot provided that the existing lot exclusive of this area contains at least seventy-five (75) percent of the required area. 4.3.3 Corner Clearance. In order to eliminate interference with traffic visibility at the corner of any intersection, no building or structure, fence or wall, or off-street parking space may be located or vegetation other than shade trees may be maintained above a place two and one-half (2 1/2) feet above the curb grades of the property lines of intersecting streets twenty (20) feet back from the point at which the tangents to the said property lines intersect; provided, however, that this regulation shall not apply to the Retail Business District. 4.3.4 Usable Open Space and Balconies. Required usable open space may be provided either on grade level, on balconies, on decks or on the roof of the building and shall comply with the following requirements: 1. Such areas shall be located at any level and shall be open to the sky (except for overhead balconies) and shall be unobstructed except for the ordinary projections of skylights, parapets and permitted signs above the bottom of such open spaces, and except for the ordinary projections of window sills, belt courses, eaves, chimneys, and other ornamental features to the extent of not more than thirty (30) inches. The thirty (30) inch limitation does not apply to balconies. 2. Such areas, except for balconies, roofs or decks, shall be developed and permanently maintained in grass or other plant materials or appropriately designed for outdoor recreational use for the occupants of the lot and shall be free of automotive traffic and parking. 3. Service areas such as laundry yards or rubbish storage yards shall not be counted as usable open space. 4. At least seventy-five (75) percent of the required area or at least one hundred (100) square feet per bedroom, whichever is lesser, shall have a grade of less than eight (8) percent if the open space is provided on grade level. 5. When provided on grade level, the width and shape of such space shall be determined by the Inspector of Buildings, and each dimension shall be at least ten (10) feet. 4.3.5 Required Yards; R1 and R2 Districts. In the R1 and the R2 Districts, the following regulations shall apply: 1. Upon application and authorization by the Inspectional Services Department, in consultation with the Planning and Development Department, a dwelling to be erected on a lot between two (2) existing dwellings adjacent to the lot may seek approval to vary the front-yard setback to need to the average of the front yard setback in front of the two (2) existing dwellings. 2. The aggregate width of two (2) side yards shall not be less than twenty (20) feet in the R1 District or twelve (12) feet in the R2 District and no single yard shall be less than five (5) feet in either District. 4.3.6 Side Yards; BR and BH Districts. In the Retail Business District and the Highway Business District, side yards between buildings without dwelling units may be omitted, provided that: 1. The side yard does not adjoin a residential district or building used for residential purposes; 2. The access of emergency equipment to the rear yard of any building is not thereby obstructed; 3. No off-street parking or loading area is thereby rendered inaccessible. 4.3.7 Gasoline Service Stations and Automobile Repair Services and Washing; BH District. In the Highway Business District, the following dimensional requirements shall apply: Gasoline service stations, including routine maintenance operations as licensed under Chapter 9 Article VII of the Revised City Ordinances in accordance with the following requirements: a) The minimum lot area shall be at least eight thousand (8,000) square feet with at least one hundred (100) foot frontage on the principal street. b) The minimum frontage on the principal street shall be at least one hundred (100) feet. c) The minimum building setback from the street right-of-way shall be thirty (30) feet and the minimum side and rear yard shall be twenty (20) feet. There shall be no more than two (2) thirty (30) foot curb cuts (access or egress points) on each abutting street. Such curb cuts shall not be located less than fifty (50) feet from any intersection. d) All pump islands shall be set back at least fifteen (15) feet from the street right-of-way. e) No vehicles in any inoperative condition are to remain on the site for more than a two (2) week period unless enclosed in a building. f) Screening shall be provided and maintained along adjoining properties in accordance with Section 6.6. g) Areas not covered by buildings or pavement shall be maintained in grass, trees, shrubs, or similar landscape material. h) Hours of operation will be limited to between seven (7) a.m. and seven (7) p.m. unless otherwise permitted by the license to operate. Automobile repair services and automotive washing and waxing establishments as licensed under Chapter 9 Article VII of The Revised City Ordinances, provided that: a) All service is performed within an enclosed structure. b) Such building shall be located not less than one hundred (100) feet from properties used or zoned for residential purposes. c) Such building shall be set back at least fifty (50) feet from the street right-of-way. d) No motor vehicles in an inoperative condition are to remain on such site for more than a two (2) week period unless enclosed in a building. e) Screening in accord with Section 6.6. shall be provided and maintained along all adjacent properties. f) All cleaning operations are wholly enclosed within a building. g) Hours of operation will be limited to between seven (7) a.m. and seven (7) p.m. unless otherwise permitted by the license to operate. 4.3.8 Yard Requirements; SC and I Districts. In the Shopping Center and Industrial Districts, for a lot adjoining a residential district, the adjacent yard (front, side or rear) shall be at least equal to that required in the adjoining residential district. 4.3.9 Projections into Required Yards. The following may project into required yards: 1. Open steps. 2. Terraces and Portico’s but to a distance no greater than 5 feet into the required front yard (exclusive of the open steps). 4.3.10 Special Height Regulations. 1. Exceptions. The height regulations of this ordinance shall not apply to the following: a. Erection of belfries and towers designed exclusively for ornamental purposes, flagstaffs, chimneys, flues, electric generating plants, passive solar devices, elevator shafts, water tanks, standpipes, bulkheads, and mechanical equipment. b. Parapet walls or cornices extending not more than three (3) feet above the height limit. 2. NHR District. In no event shall the height of structures in the Naval Hospital Development District - Residential be greater than one hundred and seventy (170) feet above mean sea level. 3. Limitation of Height Due to Logan Airport. Reference should be made to Federal Aviation Regulations, Part 77, Objects Affecting Navigable Air Space, or any amendments thereto, with regard to limitations on height of structures due to existing or planned approaches to Logan Airport. Notwithstanding any provision of this ordinance, no structure shall be erected or maintained in any district to a height in excess of any limitations established by these regulations. 4.3.11 Lot Coverage. In the Industrial District, a greater percent of site coverage may be permitted by Special Permit provided that the off-street parking and loading requirements of this ordinance are met. 4.3.12 Floor Area Ratio; R2 District. In a Residence 2 District, the bonus floor/area ratio delineated in the Table of Dimensional Regulations may apply provided that: 1. At least fifty (50) percent of the required parking is enclosed underground, and/or within the principal building, and/or in a structure not more than (10) feet high. 2. One hundred (100) square feet of the recreation space minimum required per family is provided in addition to the minimum required usable open space. Said recreation space may be provided in one or more of the following ways: a. Usable open space as defined in Section 4.3.4 (one square foot measured shall equal one square foot credited); b. Rooftop, safely railed, developed and maintained for recreational use and accessible to all tenants (one square foot measured shall equal one and five-tenths (1.5) square feet credited); c. Balconies, each reserved for the exclusive use of the dwelling unit from which it is directly reached, safely railed, having no side of less than six (6) feet and not enclosed by walls of the principal building for more than half of the perimeter (one square foot measured shall equal two (2) square feet credited); d. Community or common rooms, at least one of which shall contain kitchen facilities, designed for social or recreational use by the tenants (one square foot measured shall equal three (3) square feet credited); e. Arcades under the principal building, but screened from any adjacent parking areas, for pedestrian circulation or for recreational purposes (one square foot measured shall equal two (2) square feet credited). 4.3.13 Floor Area Ratio; I District. In the Industrial District, the maximum floor area ratio may be increased to two (2.0), provided that: 1. The area of the lot is two (2) acres or more, or 2. All required parking is provided underground or in a parking structure contained within the principal building(s). 4.3.14 Siting of Buildings. Permanent buildings shall be sited so that the entrance is oriented to face the frontage unless otherwise approved on a site plan. 4.4 TEMPORARY STRUCTURES AND USE OF LAND FOR DEVELOPMENT PURPOSES 4.4.1 General. The Inspector of Buildings may authorize the use of land for temporary structure and other uses related to the staging of development on or near the locus, with an anticipated duration of not more than six months. The Board of Appeals may authorize by special permit, subject to proper conditions to protect the district, such structures and uses with an anticipated duration of more than six months, provided that: 1. No such Permit shall be for more than a one (1) year period, subject to renewal as needed for the special purpose. 2. Upon expiration of such Permit, the structure shall be removed and the use cease and the land shall be restored to usable condition. 4.5 SPECIAL PERMIT FOR DIMENSIONAL RELIEF 4.5.1 General. The Board of appeals may vary the following otherwise applicable dimensional requirements upon the grant of a special permit: 1. BH District. In the Business Highway District, building heights greater than (twenty) 20 feet (twostories) and up to (eighty) 80 feet (eight stories) shall be allowed by special permit and after site plan approval. 4.6 MUNICIPAL USES 4.6.1 General. Municipal uses shall be exempt from all regulations set forth in this Zoning Ordinance. 5.0 GENERAL REGULATIONS 5.1 OFF-STREET PARKING REQUIREMENTS 5.1.1 General. Accessible off-street parking facilities for the parking of owner-driver motor vehicles shall be provided in accordance with the standards set forth in this Section. 5.1.2 Table of Required Off-Street Parking Spaces. Off-street parking facilities shall meet the requirements of Table of Off- Street Parking Spaces, Appendix B. Off-street parking requirements for uses not specifically identified in Appendix C shall be determined by the Inspector of Buildings based on a use listed on the Table which has characteristics similar to the use in question. 5.1.3 Location of Parking Uses. Parking within the ground floor of dwelling structures shall require an intervening driveway of twenty (20’) feet in dep0th, unless a special permit is obtained. Drive curb cuts shall have a width no greater than that specified by the Department of Public Works, unless a special permit is obtained. Required off-street parking areas shall be provided on the same lot they serve. Outdoor parking spaces shall not be allowed within any required front yard, nor within five (5) feet of any wall containing ground floor or basement windows, nor, within five (5) feet of any side or rear lot line. 1. Exemption. Off-street parking areas may be provided on another lot if: a. The lot is in the same ownership as the lot of the principal use, or it shall be demonstrated that such lot constitutes a common parking lot serving several uses or a community parking facility intended for and used by residents in the area and that such lot furnishes the aggregate number of spaces required for each use or dwelling; and b. Access to such areas is not more than three hundred (300) feet from the nearest street line of the lot or lots they are designed to serve; and c. Such lot is not diverted to other uses except insofar as it can be shown that substitute parking has been made available. 5.1.4 Parking Lot Design. The following regulations are applicable to parking lots with five (5) or more spaces: 1. Access. Off-street parking spaces shall be so laid out that they are not directly accessible from a public way, but each space shall be accessible by means of an intervening private drive. 2. Front Yards. Parking areas within required front yards shall not be permitted except when a Special Permit is
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