Popular in Course
verified elite notetaker
Popular in Real Estate
This 122 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 8 views.
Reviews for Melrose-MA-Real-Estate-Zoning-Ordinance
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
ZONING Chapter 235 City of MELROSE GENERAL [1.'lla PUBliSHERS www.generalcode.com 72Hinchey Road Rochester, New York 14624 Updated July CITY OF MELROSE AMENDMENTS TO REVISED ORDINANCES CHAPTER 24 (ZONING ORDINANCE) PASSED AFTER 1972 Aldermanic Order No. 16985-C - Amending in whole the Zoning Ordinance of the City of Melrose (November 27, 1972). Aldermanic Order No. 17857 - Amending Table of Use and Parking Regulations Article V, Section 5.4, by adding "S" under BB & BC as part of Item #12 (April 17, 1973). Aldermanic Order No. 17858 - Amending Article VI, adding to Table of Dimensional and Density Regulations a figure 5 on line beginning with letters BA for "any permitted use" in place of the word "none" under column headed Minimum Yards, front (feet) (April 17, 1973). Aldermanic Order No. 17859 - Amending Article VI, Section 6.7, in reference to accessory swimming pools requirements conforming to sections of Chapter 23 (Building Code Ordinance) (April 17, 1973). Aldermanic Order No. 18052 - Amending Article IV, Section 4.3, adding at end of paragraph the words "except as hereinafter provided" (July 16, 1973). Aldermanic Order No. 18053 - Amending Article IX, Section 9.2, on existing structure on non-conforming lot, etc. (August 6, 1973). Aldermanic Order No. 18467 - Amending Article VI, Section 6.2, adding "town houses" to UR-B and UR-C to Table of Dimensional and Density Regulations (December 2, 1974). Aldermanic Order No. 18561 - Amending Article II, Definitions, Section 2.1, "Family" to insert ", provided dwelling is owner occupied," after word "including" and before "not more than three lodgers or roomers taken for hire." (December 2, 1974). Aldermanic Order No. 18562 - Amending Article II, Definitions, Section 2.1, "Special Exception (Special Permit)" to insert "on approval and issuance of a special permit by the Board" in place of "the approval of the Board." (December 2, 1974). Aldermanic Order No. 18563 - Amending Article V, Table of Use and Parking Regulations, Section 5.4, under Parking Code change "P" to "T" and Section 8.1 under Table of Off-Street Parking Regulations, the Parking Code T and explanation (December 2, 1974). Aldermanic Order No. 18564 - Amending Article VI, Dimensional and Density Regulations, Section 6.8, cl. 1, on page 6-3, changes in residential uses (December 2, 1974). i Aldermanic Order No. 18565 - Amending Article VII, Section 7.4, under 2(a.) and (d.), changing wall sign area from 150 square feet to 100; delete paragraph (b)‚ altogether, moving up (c.) and (d.) to be (b.) and (c.) respectively; Section 7.6, Non-conforming Signs, removed within five years instead of ten years from November 27, 1972 adoption date (December 2, 1974). Aldermanic Order No. 18566 - Amending Article XI, Special Exception Conditions, Section 11.4, Cluster Residential Development, necessary technical changes to add SR. to statements made under (c.) and (d.) (December 2, 1974). Aldermanic Order No. 19530 - Affecting zoning changes in Administration and Enforcement, Special Permits and Conditions, Removal and Filling, Home Occupation, etc. (June 6, 1977). Aldermanic Order No. 19531 - Amending Zoning Map by re-designation of certain zoning districts or portion thereof so as to allow Special Permits under procedures for Design Review (June 6, 1977). Aldermanic Order No. 19532 - Amending Zoning Map by re-designation of certain zoning district or portion thereof so as to allow Special Permits under procedures for Design Review (June 6, 1977). Aldermanic Order No.19696 - Amending Zoning Map to move district line between BD district and UR-A district on certain portion of Rowe Street, etc., etc. (December 19, 1977). Aldermanic Order No. 19676-C - Amending Table of Use and Parking Regulations by adding Item 18, etc., etc. (February 21, 1978). Aldermanic Order No.19676-D - Relative to striking out Screening and Buffers, etc., etc., in Dimensional and Density Regulations, etc. (February 21, 1978). Aldermanic Order No.19703 - Relative to Table of Use and Parking Regulations, etc. in District BA and BA-1 on line 17, striking out symbol "P" and replacing with symbol "S" (February 21, 1978). Aldermanic Order No.20051 - Amending Zoning Map to shift two lots on Porter Street, Nos. 33 and 39, and lot on East Emerson Street, No. 56, from BD District to UR-A Residential (December 18, 1978). Aldermanic Order No. 20052 - Amending Article V, Section 5.4, Table of Use and Parking Regulations, changing parts of 14 and 14A, permitting lodging units as accessory uses to single residences in UR-A zone by special permit only, etc., etc. (December 18, 1978). ii Aldermanic Order No. 20053 - Amending Article VIII, Off-Street Parking and Loading Regulations, Parking Code J, Hospital, change from 1.75 per bed at design capacity to 1.50 per bed at design capacity (December 18, 1978). Aldermanic Order No.20211 - Amending Sections 6.7 and 6.8, Article VI, Dimensional and Density Regulations, regarding swimming pools, awnings, and vision at intersections (December 18, 1978). Aldermanic Order No. 20531 - Amending Chapter 24, Zoning Map, to change district line between UR-B and UR-D permitting development of multifamily housing in the Coolidge School (April 7, 1980). Aldermanic Order No.20550 - Amending Article VIII, Off-Street Parking and Loading Regulations, Section 8.9 - Municipal Parking Lots use by structures in certain areas without requirement of special exception (May 19, 1980). Aldermanic Order No. 729 - Amending Zoning Map, area east of Lebanon Street, north of Malvern Street, west of Faxon and Gooch Streets and south of Upham Street, changing from UR-B to UR-A (July 16, 1984). Aldermanic Order No. 730 - Amending Zoning Map, area west of Boston & Maine Railroad, south of Brunswick Park and north of West Wyoming Avenue, changing from UR-B to UR-A (July 16, 1984). Aldermanic Order No. 731 - Amending Zoning Map, area consisting of three sub-areas near corner of Franklin and Greenwood Streets, changing from UR-C to UR-A (July 16, 1984). Aldermanic Order No. 675 - Amending Article IV, Interpretation and Application by inserting after Section 4.4 new Section 4.5, Temporary Moratorium (July 16, 1984). Aldermanic Order No. 515 - Amending Zoning Map, by moving district line between UR-D and BA-1 permitting development of Community Center (November 15, 1984). Aldermanic Order No. 957 - Amending Article IX, Nonconforming Uses, Structures and Lots, Section 9.2 - Extension and Alteration (February 19, 1985). Aldermanic Order No. 1472 - Amending Zoning Map, area fronting on Main Street and West Wyoming Avenue, changing from UR-D to UR-C; areas on Waverly Place changing from UR-D to UR-B; and areas on East Wyoming Avenue, Mt. Vernon Street and Mt. Vernon Avenue, changing from UR-D to UR-B (December 1, 1986). Aldermanic Order No. 1453-A - Amending Zoning Ordinance by adding Article XV - Flood Plain Districts, to conform with requirements under Section 1361 of the National Flood Insurance Act of 1968 (May 4, 1987). Aldermanic Order No. 1575 - Amending Article VIII - Off Street Parking and Loading Regulations, Section 8.1 B (Off Street Parking Requirements), amended by striking out 1 iii 1/2 per dwelling unit and inserting in place thereof 2 per dwelling unit (May 4, 1987). Aldermanic Order No. 1650 - Amending Zoning Map, area bounded by Main Street, boundary line of Malden and Melrose, M.B.T.A. railroad tracks, and Banks Place, changing from I, UR-C, and BC to BB-1. Amending Section 5.4 - Table of Use and Parking Regulations under Retail Service Commercial adding new use relating to planned business development.. Amending Section 11.11, the first paragraph, subsection 2, subsection 5, and subsection 11 relating to planned business development (May 4, 1987). Aldermanic Order No. 1691-A - Amending Article 6.2, Table of Dimensional and Density Regulations under UR-A, two-family dwelling and town house delete minimum lot area of "5,000 per dwelling unit" (July 20, 1987). Aldermanic Order No. 1691-C - Amending Article II, DEFINITIONS, by deleting the existing definition of town house and inserting the following in place thereof: "A row of at least three but not more than five 1-family attached dwelling units whose side walls are separated from other dwelling units by a fire wall or walls. Each unit in the row may be owned by a separate owner." (July 20, 1987). Aldermanic Order No.1692-A - Amending Article 6.2, Table of Dimensional and Density Regulations, by deleting the word "other" from the second use listed under UR-C/UR-D, etc. (July 20, 1987). Aldermanic Order No. 2111 - Amending Section 8.10 (Parking & Loading Space Standards) by striking out the words "containing over five (5) spaces." (October 16, 1989). Aldermanic Order No. 2312 - Amending Article V (Table of Use) and Article II (Definitions), various additions relating to Public/Private Utility Cabinets (October 16, 1989). Aldermanic Order No.1735 - Amending Article II, DEFINITIONS, after the definition for Floor Area Ratio and before the definition for Garage add definition for Frontage. In Section 6.8.10 after the words: Table of Dimensional and Density Regulations insert a period and delete ", except ...... requirement." In Section 6.2, Table of Dimensional and Density Regulations, add the words "frontage and" between min. and lot width in the heading (December 7, 1989). Aldermanic Order No. 1573 - Amending Article V, Section 5.4, Table of Use & Parking Regulations, by inserting #1 "One-family detached dwelling: One-family with in-law apartment with permitted uses set forth on Usage Table be amended under SR, SR-A, SR-B from P to S - Permit required (December 7, 1989). Aldermanic Order No. 1574 - Amending Section 2.1, DEFINITIONS, by inserting definition for In-Law Apartment and amending Article V, Section 5.4, Table of Use and Parking Regulations by adding a new line 1A. after line 1. for "One-family with in-law apartment (see definition of in-law apartment)." (December 21, 1989). iv Aldermanic Order No. 90-209 - Amending Article II, DEFINITIONS, by deleting the definition of Frontage as most recently amended and replacing same with new definition (August 20, 1990). Aldermanic Order No. 90-211 - Amending Article VIII, Section 8.9 - Municipal Parking Lots, by addition of new paragraph (August 20, 1990). Aldermanic Order No. 91-99 - Amending Article V, Section 5.4, Table of Use and Parking Regulations, RETAIL, SERVICE, COMMERCIAL, under item #12, strike out the "S" pertaining to UR-C, UR-D, and replace with designation (-) so that item #12 shall not be permitted in the UR-C, UR-D Districts (March 18, 1991). Aldermanic Order No. 93-112A - Amending Article VIII, Section 8.9, Municipal Parking Lots, by deletion of third paragraph (January 4, 1993). Aldermanic Order No. 94-368 - Amending Article VII, Signs, Section 7.2, by permitting temporary political signs with certain restrictions (October 17, 1994). Aldermanic Order No. 95-189 - Amending Article II, Definitions; Article V, Use Regulations; Article VI, Dimensional and Density Regulations; Article VII, Signs; Article VIII, Off-Street Parking and Loading Regulations; Article XI, Non-Conforming Uses, Structures, and Lots; Article X, Administration and Enforcement; Article XII, Removal and Filling; Article XIII, Home Occupation; and Amending Zoning Map in the W. Emerson Street/Cedar Park area and the Altamont Avenue/Cedarwood Lane area. (May 1, 1995) Aldermanic Order No. 95-189A - Amending Article VIII, Off-Street Parking and Loading Regulations, Section 8.1, changing Parking Code J from 1.5 per bed at design standard to one per each 600 sq. ft. of gross floor area. (May 1, 1995) Aldermanic Order No. 97-38 - Amending Article II, Definitions, Article V, Use Regulations, Article XI Special Permits and Conditions, and Article VIII, Off-Street Parking and Loading Regulations, to provide definitions, principal use locations, restrictions, and parking requirements for adult uses. (December 16, 1996) Aldermanic Order No. 99-021 – Amending Article II, Definitions, Article V, Use Regulations, and Article XI, Special Permits and Conditions; Adding Article XVI, Wireless Communications Service Facilities, to provide definitions, principal use locations, and restrictions for Wireless Communications Service Facilities (January 4, 1999). Aldermanic Order No. 02-066C – Amending Article XI, Section 11.2.7 Certification and recording of Special Permit or Variance to add paragraph and Article X, Section 10.9.3.d Board of Appeals Procedures to add paragraph (February 19, 2002). Aldermanic Order No. 04-184A – Amending Chapter 235 Article XI, Section 235.61B(5) Special permits under the Affordable Housing Incentive Program prescribed in Section 235-73.1 and add new section, “Section 235-73.1 Affordable Housing Incentive Program” (August 9, 2004). v Aldermanic Order No. 05-003 – Amending Chapter 235, Section 16 Add new section, Chapter 235, Section 16.1 Site Plan Review (December 13, 2004). Aldermanic Order No. 05-171 – Amending Chapter 235, Section 16.1, Subsection J by adding the first sentence in Subsection J, “Said administrative fee to be $500.00 for each Site Plan Review Application plus $.10 per square foot of new gross floor area for every development proposal with a new gross floor area of 5,000 square feet or more”. (March 21, 2005). Aldermanic Order No. 06-050 – Amending Chapter 235, Article VII, Signs, Section 235- 29 B (1) by replacing the current Section 235-29B (1) with the following language, “One wall sign for each lot street frontage of each establishment, provided that it shall be attached and parallel to the main wall of the building, it shall not project horizontally more than 15 inches therefrom, the surface area of the sign shall not aggregate more than 10% of the area of the wall on which it is displayed or 100 square feet, whichever is the lesser, and, if illuminated, it shall be illuminated externally by steady, stationary, white light, of reasonable intensity, shielded and directed solely at the sign, not casting direct or reflected light off the premises and not used other than for identifying the establishment.” (December 5, 2005). Aldermanic Order No. 06-017 – Amending Chapter 235, Article XI, Special Permits and Conditions, Section 235.61B. by adding: subsection “(6) Special permits under Slope Protection prescribed in Section 235-73.2 of this ordinance” and further adding “Section 235-73.2 Slope Protection” (December 19, 2005). Aldermanic Order No. 07-027 – Amending the zoning area from UR-B district to UR-A district for properties east of Boston Rock to include properties having frontage on East Wyoming Ave and Wyoming Heights (February 20, 2007). Aldermanic Order No. 07-027 – Amending the zoning area from UR-B district to UR-A district for properties east of Chestnut Street including Chestnut Park but not including properties with frontage on Lynde Street or Mystic Ave (March 19, 2007). Aldermanic Order No. 07-132 – Amending zoning ordinances by amending, Article II Section 235-5 Definitions (Adding new definitions for Building Front Yard and Impervious Surfaces and amending the definition of Open Space), Article VII Section 235-38. Location of Parking Spaces, Article VIII Section 235-41. Parking and Loading Space Standards. (August 23, 2007). Aldermanic Order No. 07-044A – Amending zoning ordinances regulating Home Occupations by amending, Article II Section 235-5 Definitions (Home Occupation), Article V Section 235-17. Table of Use and Parking Regulations, Article VIII Section 235-42. Parking of Commercial Vehicles, Article XIII Section 235-77. Home Occupation – Conditions. (May 7, 2007). vi Aldermanic Order No. 08-128 – Amending the zoning ordinances by adding Section 235- 71.1 Smart Growth District and further amending, Article III Establishment of Districts, Section 235-6 Divisions into districts; Section 235-8 Changes to Map; Section 235-17. Table of Use and Parking Regulations. (April 7, 2008). Aldermanic Order No. 08-128A – Amending the zoning ordinances by amending Section 235-16.1 Site Plan Review. (April 7, 2008). Aldermanic Order No. 06-244 – Amending the zoning ordinances by amending Section 235-73.2 Slope Protection. Subsection-G, rescind fees, no longer part of zoning ordinance. (May l9, 2008). Aldermanic Order No. 05-171-A – Amending the zoning ordinances by amending Section 235-16.1. Subsection-J, rescind fees, no longer part of zoning ordinance (May l9, 2008). Aldermanic Order No. 09-060 – Amending the zoning ordinances by amending Article II Section 235-5. Definitions, insert Retail Food Establishment (February 19, 2009). Aldermanic Order No. 09-061 – Amending the zoning ordinances by amending Article V Section 235-15. Permitted Uses and 235-17, Table of Use and Parking Regulations, insert new category for Retail Food Establishment under the Heading Retail Commercial Services (February 19, 2009). Aldermanic Order No. 10-125 – Amending the zoning ordinances by amending Section 235-16.1. Subsection-G, Review schedule, for new renewable and alternative energy research in the Industrial District , the decision of the SCRC shall be made within one year from the date of filing the site plan review with the City Clerk (May 3, 2010). Aldermanic Order No. 10-128 – Amending the zoning ordinances by amending Article XV Flood Plain District, Section 235-81. Establishment, Section 235-81.1. Reference to Existing Regulations, Section 235-82. Development Regulations, Section 235-82.1. Notification of Watercourse Alteration, Section 235-83. Subdivisions and New Development, Section 235-84. Health Regulations, for the map panels dated June 4, 2010 (May 19, 2010). vii ZONING Chapter 235 § 235-15. Permitted uses. § 235-16. Uses subject to other ZONING regulations. § 235-16.1. Site plan review. ARTICLE I § 235-17. Table of Use and Parking Title, Authority and Purpose Regulations. § 235-1. Title. ARTICLE VI § 235-2. Authority. Dimensional and Density Regulations § 235-3. Purpose. § 235-18. Applicability. ARTICLE II § 235-19. Table of Dimensional and Density Regulations. Word Usage and Definitions § 235-20. Reduction oflot area. § 235-4. Word usage. § 235-21. Separation oflots. § 235-5. Definitions. § 235-22. Screening and buffers in industrial or business ARTICLE III districts. Establishment of Districts § 235-23. Buildings in floodway. § 235-24. Accessory buildings and § 235-6. Division into districts. other structures. § 235-7. Zoning Map. § 235-25. Additional dimensional and § 235-8. Changes to map. denSity provisions. § 235-9. Boundaries of districts. ARTICLE VII ARTICLE IV Signs Interpretation and Application § 235-26. Compliance with Building Code required. § 235-10. Interpretation. § 235-21. General regulations. §235-11. Application. § 235-12. Existing buildings and land. § 235-28. Signs permitted in any residential district. § 235-13. Mixed uses. § 235-29. Signs permitted in any business district. ARTICLE V § 235-30. Signs Permitted in the Use Regulations Industrial District. § 235-31. Nonconforming signs. § 235-14. Applicability. 23501 01-25 - 2005 MELROSE CODE ARTICLE VIII ARTICLE X Off-Street Parking and Loading Administration and Enforcement § 235-32. Off-street parking § 235-52. Administrative officer. requirements. § 235-53. Building permit required; § 235-33. Off-street loading application procedure. requirements. § 235-54. Previously approved § 235-34. Existing spaces. permits. § 235-35. Computation of spaces. § 235·55. Certificate of occupancy § 235-36. Combined facilities. required. § 235-37. Continuance. § 235-56. (Reserved) § 235-57. Permit time limits. § 235-38. Location of parking spaces. § 235-58. Notice of violation and § 235-39. Location of loading spaces. order. § 235-40. Municipal parking lots. § 235-59. Violations and penalties. § 235-4l. Parking and loading space § 235-60. Board of Appeals. standards. § 235-42. Parking of commercial vehicles. ARTICLE Xl Special Permits and Conditions ARTICLE IX § 235-61. Special permit granting Nonconforming Uses, authorities. Structures and Lots § 235-62. Special permit procedure. § 235-43. Applicability. § 235-63. Findings by special permit § 235-44. Extension and alteration. granting authority; conditions. § 235-45. Residential lot of record. § 235·64. Variances. § 235-46. Reduction or increase. § 235·65. Multifamily residential use § 235-47. Change of use or lot. in nonresidentially zoned § 235-48. areas authorized by Restoration. Planning Board. § 235-49. Abandonment. § 235-66. Design review permits § 235-50. Moving nonconforming authorized by Planning structures. Board. § 235-51. Unsafe structures. § 235-67. Cluster residential development. § 235·68. Planned unit development in the SR-A District. 23502 01 - 25 - 2005 § 235-1 ZONING §235-1 § 235·69. Planned unit development §235·80. When effective. in the DR·B, UR·C and DR·D Districts. § 235·70. Planned unit development ARTICLE XV Floodplain District in the BA, BA-I, BB, BB-I, BC and BD Districts. §235·81. Establishment. § 235·71. Planned business §235-81.1. Reference to existing development. regulations. § 235·71.1. Smart Growth District. §235-82. Development regulations. § 235·72. Adult uses. §235·82.1. Notification of watercourse § 235·73. Wireless communications alteration. service facilities. §235-83. Subdivisions and new § 235·73.1. Affordable housing development. incentive program. §235-84. Health regulations. § 235·73.2. Slope protection. §235-85. Authority. ARTICLE XII Removal and Filling ARTICLE XVI Wireless Communications Service Facilities § 235·74. Removal of sand, gravel, quarry or other earth materials. §235-86. Purpose. §235-87. Existing facilities; § 235·75. Filling of water bodies or wet areas. discontinuance; applicability. § 235·76. Filling of any lot. Table of Use and Parking Regulations ARTICLE XIII Table of Dimensional and Home Occupation Density Regulations § 235-77. Conditions. ARTICLE I Title, Authority and Purpose ARTICLE XIV Amendments, Severability §235-1. Title. and When Effective This chapter shall be known and may be cited as the "Zoning Ordinance of the City of § 235·78. Amendments. Melrose, Massachusetts," hereinafter referred § 235·79. Severability. to as "this chapter." (Ord. No. 16985C, 11-27-1972) 23503 07-01-2010 § 235-2 MELROSE CODE § 235-5 § 235-2. Authority. ARTICLE II Word Usage and Definitions This chapter is adopted pursuant to the authority granted by MGL c. 40A and § 235-4. Word usage. amendments thereto, herein called the "Zoning Act." Where the Zoning Act is A. For the purpose of this chapter and amended from time to time after the effective unless the context of usage clearly date of this chapter and where such indicates another meaning, certain amendments are mandatory, such terms and words sball have the amendments shall supersede any regulations meaning given herein. Words used in of this chapter which have been set forth on the present tense include the future; the singular number includes the the basis of the Zoning Act in existence at the effective date ofthis chapter. plural, and the plural the singular; the word "used"or "occupied"includes the (Ord. No. 16985C, 11-27-1972) words "designed, arranged, intended or offered to be used or occupied"; the word "building," "structure," "lot," § 235-3. Purpose. "land"or "premises" shall be construed This chapter is enacted for the following as though followed by the words "or purposes: to lessen congestion in the streets; any portion thereof'; and the word to conserve health; to secure safety from fires, "shall" is always mandatory and not merely directory. panic and other dangers; to provide adequate light and air; to prevent the overcrowding of B. Terms and words not defined herein land; to avoid undue concentration of popnlation and to facilitate the adequate but defined in the Melrose Building provision of transportation, water, sewerage, Code shall have meanings given therein unless a contrary intention schools, parks and other public requirements; clearly appears. Words not defined in to conserve the value of land and buildings; to either place shall have the meaning encourage the most appropriate use of land throughout the City; and to preserve and given in Webster's Unabridged increase its amenities and to encourage an Dictionary. Uses listed in the Table of Use Regulations under the classes orderly expansion of the tax base by "retail and service trades" and utilization, development and redevelopment "wholesale trade and manufacturing" of land. It is made with reasonable shall be further defined by the consideration to the character of the district and to its peculiar suitability for particular Standard Industri.al Classification Manual published by the United uses, with a view to giving direction or effect States Bureau oHhe Census. to land development policies and proposals of the Planning Board, including the making of (Ord. No. 16985C, 11-27-1972) Melrose a more viable and more pleasing place to live, work and play. § 235-5. Definitions. (Ord. No. 16985C, 11-27-1972) As used in this chapter, the following terms shall have the meanings indicated: 23504 07 - 01- 2010 § 235-5 ZONING § 235-5 ABANDONMENT: ADMINISTRATIVE OFFICER - The Building Commissioner, City of A. The cessation of a nonconforming use as indicated by the visible or Melrose, Massachusetts. ADULT BOOKSTORE - An estab otherwise apparent intention of an owner to discontinue a lishment having as a substantial or nonconforming use of a structure significant portion of its stock-in-trade or lot; or books, magazines and other matter which are distinguished or B. The replacement of a nonconforming use or structure by characterized by their emphasis a conforming use or structure. (Cont'd on page 23505) 23504.1 07 -01-2010 § 235-5 ZONING §235-5 depicting, describing or relating to television, slides or any other such sexual conduct or sexual excitement as visual media) distinguished by an defined in MGL c. 272, § 31, as emphasis on matter depicting, anlended. For purposes herein, describing or relating to sexual "substantial or significant portion of conduct or sexual excitenlGnt as stock" shall mean more than 25(:1)of defined 111 MGL c. 272, § 31, as the subject establishment's inventory mncnded. stock or more than 25% of the subject premises' gross floor area. ADULT PARAPHERNALIA STORE ~ An establishment having as a ADULT CLUB ~ A club, restaurant, suhstantial or significant portion of its function hall or similar private or stock devices, oQjects, tools or toys commercial establishment which which are distinguished or regularly features: characterized by their association with sexual activity, including sexual A. Persons who appear in a state of nudity as defined in MGL c. 272, intercourse, sexual conduct or sexual excitement as defined in MGL c. 272, § 31, as amended; § 31, as amended. B. Live performances which are ADULT USE ~ An adult bookstore, characterized by an emphasis depicting anatomical areas, adult club, adult motion picture specified as less than completely theater, adult paraphernalia store or adult video store as defined in this and opaquely covered human chapter. genitals, pubic region, buttock and female breast below a point ADULT VIDEO STORE ~ An estab immediately above the top of the lishment having as a substantial or areola, and human genitals in a significant portion of its stock-in-trade, state of sexual arousal or relating for sale or rent, motion picture films, to sexual conduct or sexual video cassettes and similar excitement as defined in MGL c. audio/visual Inedia which are 272, § 31, as amended; or distinguished or characterized by their emphasis depictin g~scribing or C. Films, motion pictures, video cassettes, slides or other relating to sexual conduct or sexuaJ excitement as defined in MGL c. 272, photographi c, magnetic or § 31, as amended. For purposes herein, electronic reproductions which are characterized by the depiction or "substantial or significant portion of stock" shall mean more than 25% of description of anatomical areas the subject establishment's inventory specified as above or relating to sexual cond uct or sexu al stock or more than 25% of the subject premises' gross floor area. excitement as defined in MGL c. 272, § 31, as amended. ALTERATION ~ Any construction, reconstruction or other si111ilar action ADULT MOTION PICTURE THEATER ~ An enclosed building resulting in a change in the structural used for presenting material (motion parts, height, number of storie esis, size, use or location of a building or picture films, video cassettes, cable other structure. 23505 09-15-2007 § 235-5 MELROSE CODE § 235-5 ANTENNA - A device for directly chimneys, unenclosed porches, bay transmitting or receivIng windows, balconies and terraces. eleetl'onlagnetic transmissions. BUILDING, ATTACHED - A building APARTMENT HOUSE - A building having any portion of one or more designed or intended or used as the walls in common with adjoining home or residence of three or more buildings. families, each in a separate dwelling unit, living independently of each BUILDING COVERAGE- The other, and who may have a common building area expressed as a percent of the total lot area. right in halls and stairways. BASEMENT - A portion of a BUILDING, DETACHED - A building having open space on all building, partly below grade, which sides. has more than 1/2 of its height, measured from finished floor to BUILDING FRONT YARD - The finished ceiling, above the average area of the front yard between the finished grade of the ground adjoining front lot line and the principal the building. A basement is not building bound by lines extending considered a story unless its ceiling is from each front corner of the principal f()uI'feet or more above the averaged building perpendicular to the street. finished grade. No more than 20% of the building BOARD _.- The Board of Appeals of front yard on residential properties with three or fewer dwelling units the City of Melrose, Massachusetts. shall be covered with an impervious BUILDING A combination of any surface. materials, whether portable or fixed, BUILDING, HISTORICAL - A having a roof, enclosed within the building certified or qualified for exterior walls or fire walls, buiit to form a structure for the shelter of certification by t.he Massachusetts persons, animals or property. For Historical Commission in accordance with its published standards as an purposes of this definition, "roof' shall historical landmark. include an awning or any similar covering, whether or not permanent in BUILDING, NONCONFOHMING- nature. An existing building or structure or BUILDING, ACCESSORY - A the existing use of any building or detached building, the use of which is structure at the time of adoption of this chapter, or any subsequent customarily incidental and amendment thereto, which does not subordinate to that of the principal building, and which is located on the conform to one or more of the same lot as that occupied by the applicable dimensional and density regulations for the district in which principal building. the building is located. BUILDING AREA - The aggregate of BUILDING, PRINCIPAL - A building the maXImum horizontal cross in which is conducted the principal use sectional area of all buildings on a lot exclusive of cornices, eaves, gutters, of t.he lot on which it is located. 23506 09 - 15 - 2007 § 235-5 ZONING CELLAR - A portion of a building, DRIVE-IN ESTABLISHMENT - A partly or entirely below grade, which business establishment wherein has more than liz of its height, patrons are usually served while measured from finished floor to seated in parked vehicles in the same finished ceiling, below the average lot. The term "drive-in" includes finished grade of the ground adjoining drive-in eating establishments where the building. A cellar is not deemed a food is purchased from a building on story. the lot but is consumed in the vehicle; CERTIFICATE OF OCCUPANCY - A drive-in service establishments SUell as banks, cleaners and the like; and statement signed by the Building automotive service stations, gasoline Commissioner setting forth either that a building or structure complies with stations or the like. the zoning ordinance or that a DRIVEWAY - An open space, located building, structure or parcel of land on a lot, which is not more than 24 feet may lawfully be employed for a in width, built for access to a garage or specified usc, or both. off'street parking or loading space. COMMON LAND - A parcel or DWELLING -- A privately or publicly parcels of open space within the site owned permanent structure, whether designated fClr a cluster or planned owned by one or more persons or in unit development maintained and condominium, which is occupied in preserved for open uses and designed whole or in part as the home residence and intended for the usc or enjoyment or sleeping place of ODe or more of residents of these developments, but persons. The term "one-family," "two not including parking areas or ways, family" or "multifamily" dwelling shall public or private. Common land may not include a hotel, lodging house, contain such complementary hospital, membership club, mobile structures and improvements as are home or dormitory. necessary and appropriate for the DWELLING, MULTIFAMILY - A benefit and enjoyment of such building containing three or more residents. dwelling units and including an COMMUNICATIONS TOWER - A apartment house, garden apartment tower that is freestanding or anchored house and multifamily dwellings. with cables, used to support an DWELLING UNIT-- On8 or more antenna or other voice or data transmission and receiving devices. living and sleeping rooms providing complete living facilities for the use of DISTRICT - A zoning district as one or more individuals constituting a established by Article III of thi s single housekeeping unit, with chapter. permanent prOVlSlOns for living, sleeping, eating, cooking and DRIVE-IN EATING ESTABLISH MENT - A commercial establishment sanitation. wherein food is usually served to or ESSENTIAL SERVICES - Services consumed by patrons while they are provided by public utility or seated in parked cars. governmental agencies through erection, construction, alteration or 23507 09 -15 - 2007 ~ 235-5 MELROSE CODE § 235-5 maintenance of gas, electrical, steam FLOODWAY - The area subject to or water transmission or distribution periodic flooding, the limits of which systems and collection, are determined by the fiood line. communication, supply or disposal systems, whether underground or FLOOR AREA, GROSS - The sum of the gross horizontal area of the several overhead. Facilities necessary for the floors, including basements, of a provision of essential services include poles, wires, drains, sewers, pipes, principal building and its accessory buildings on the same lot, measured conduits, cables, fire alarm boxes, from the exterior faces of the walls. It police call boxes, traffic signals, hydrants and other similar equipment does not include cellars; unenclosed porches or attics not used for human and accessories In connection occupancy; malls within a shopping therewith. Specifically excluded from this definition are buildings necessary center utilized purely for pedestrian circulation and/or decorative purposes for the furnishing of adequate service between individual shops of the center; by such public utility or governmental agencies f(lr the public health, safety any floor space in an accessory or principal building intended and or general welfare. designed for the parking of motor FAMILY - An individual or two or vehicles in order to meet the parking more persons related by blood or requirements of this chapter; or any marriage living together as a single such floor space intended or designed housekeeping unit and including for accessory heating, ventilating and necessary domestic help, such as air-conditioning equipment. nurses or servants, and further FLOOR AREA RATIO - The ratio of including, provided that the dwelling tbe gross floor area to the total lot is owner-occupied, not more than three lodgers or roomers taken for hire. A area. group of individuals (including FRONTAGE - The length of necessary dOInestic help, such as continuous lineal footage of a lot as nurses or servants, but excluding measured between the intersection of lodgers or roomers taken ft)r hire) not the side lot lines along a street. In the rdated by blood or marriage but living case of a corner lot, frontage shaH be together as a single housekeeping unit measured from the side lot line along may constitute a family. For purposes the street to the intersection of street of controlling residential density, each lines or street lines extended. A circle, such group of four individuals shall the diameter of which is not less than constitute a single family. 80(K) of the required minimum lot frontage and is tangent to the street FLOOD LINE - The limits of flooding lot line at any point, must be able to fit from a particular body of water caused by a storm whose frequency of within all other lot lines. The acute angle measured between the frontage occurrence is once in 25 years, as and any side lot line shall not be less determined and certified by a registered professional engineer than 55°. qualified in drainage. GARAGE - A building or structure or a portion thereof in which a motor vehicle containing a flammable fluid in 23508 09 - 15 - 2007 § 235-5 ZONING § 235-5 its fuel storage tank or other thereto for the diaf.,J11osis, medical, propellant is stored, housed and kept. surgical or restorative treatment or This does not. include a new car other care of hUlnan ailments, salesroom. including a sanitarium and clinic. GARAGE, CARPORT - A roofed HOSPITAL, VETERINARY - A structure attached to a residence, building providing for the diagnosis enclosed on not more than two sides, and treabnent of aillnents of animals designed to house one, two or three other than human, including facilities motor vehicles. for overnight care. GARAGE, COMMUNITY - A group HOTEL - A building or any part of a of private garages, either detached or building containing rooming units under one roof, arranged in a row or without individual cooking facilities around a common means of access. and having a common entrance or GARAGE, PRIVATE -- A garage for entranccs and including an inn, motel, motor inn and tourist court, but not housing motor vehicles only, with a including a boardinghousc, lodging capacity of not more than three vehicles. house or rooming house. GARAGE, PUBLIC - Any garage not IMPERVIOUS SURFACES- A surface composed of any material that included in the definition of a private significantly impedes or prevents garage or a community garage. natural infiltration of water into the HEIGHT - The vertical distance from soil. [A surface with an overall the average finished grade of the permeability coefficient which is less 4 adjacent ground to the top of the than 10- centimeters per second structure of the highest roof beams of (cm/sec) IS considered significant.I a flat roof, the deck of a mansard roof Impervious surfaces include, but are or the mean level of the highest gable not liInited to, roofs, paved areas (e.g., or slope of a hip roof. streets, sports courts) and swimming pools. HOME OCCUPATION - An accessory use which is carried on entirely within IN-LAW APARTMENT - A dwelling a dwelling unit and is incidental and unit either contained within an subordinate to the dwelling use and owner-occupied one-family structure which shall not occupy more than 40% (such as, but not limited to, a cellar or of the gross floor area or 600 square attic) or attached thereto (such as, but feet, whichever is less, of the dwelling not limited to, a garage or barn) which unit so used. Such use shall be carried constitutes separate living facilities for on by the occupants of the dwelling immediate members of tbe family, unit, with no nonresident employees, such as a mother andlor father or a and shall not in any manner change son and/or daughter or their respective the residential appearance of the spouses. See "dwelling unit" as defined building or the property. in this section. HOSPITAL - A building providing, A. An accessory in-law apartment is among others, twenty-four-hour a separate, subordinate living inpatient services for persons admitted area constructed as part of an 23509 09-15-2007 § 235-5 MELROSE CODE §235-5 existing owner-occupied single LINE, BUILDING - The line family structure and built in a establisbed by this chapter beyond manner which maintains the which a building shall not cxtend~ appearance of a single-family except as specifically provided in this structure. chapter. R There shall be no boarders or LOADING SPACE - An off-street lodgers within either unit of a space at least 12 feet in width, 50 feet dwelling with an accessory in-law in length and with a vertical clearance apartment. of at least 14 feet, having an area of not less than 1,300 square feet, which C. No accessory in-law apartment includes access and maneuverIng shall be constructed without a building permit issued by the space, used exclusively for loading and unloading of goods and materials from Building Inspector. one vehicle. The dimensions of the D. No use as an accessory in-law loading space may be reduced by the Building Commissioner to not less apartment shan be permitted prior to a certificate of occupancy than 300 square feet, which includes by the Building Inspector. access and maneuvering space, when it is clearly evident that service E. A certificate of occupancy shall be vehicles utilizing said space vvil1 not issued for three years. Continued occupancy shall require issuance require the area listed above. of a new certificate of occupancy. LODGING HOUSE - A building F. The dwelling unit shan be located containing four or more lodging units. within tbe single-family dwelling LODGING UNIT - One or more as it existed on January 1, 1990. rOOlllSfor the semipermanent use of G. The dwelling unit shall occupy no one, two or three individuals not living as a single housekeeping unit and not more than 1/3of the gross floor having cooking facilities."Lodging area as of January 1, 1990. unit" shall include rooms In JUNK - Any worn out, castoff or boardinghouses, lodging houses, discarded articles or material which is tourist homes or rooming houses. It ready for destruction or has been shall not include convalescent, nursing collected or stored for salvage or or rest homes; dormitories of conversion to some use. Any article or charitable, educational or material which unaltered or philanthropic institutions; or unchanged and without further apartments or hotels. reconditioning can be used for its original purpose as readily as when LOT - An area or parcel of land or any part thereof, not including water new shall not be considered junk. area, In common ownership, JUNKYARD - The use of more than designated on a plan filed with the 200 square feet of the area of any lot, Building Commissioner by its owner or wbether inside or outside a building, owners as a separate lot and having or the usc of any portion of any lot that boundaries identical with tbose joins any street for the storage~ recorded in the Middlesex County Registry of Deeds. keeping or abandonment ofjunk. 23510 09 - 15 - 2007 § 235-5 ZONING § 235-5 LOT, CORNER - A lot at the point of by members and their guests and is not conducted as a gainful business. intersection of and abutting on two or more intersecting streets, the interior MONOPOLE - The type of mount angle of intersection of the street lot that is self-supporting with a single lines OT, in case of a curved street, extended lot lines, being not more than shaft of wood, steel and/or concrete and a platform (or racks) for panel 135°. For purpose of this chapter, each anten
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'