[Amended eff. 6-4-1997 by Ord. No. 609]
[Amended eff. 7-6-1993 by Ord. No. 473]
It is the purpose and intent of this article of the ordinance
to list those uses which are specifically allowed or specifically
prohibited in the various zoning districts listed in § 5.4
of this ordinance. Any use not listed herein shall be prohibited.
Except as provided in this ordinance, no building, structure
or land shall be used except for the purposes permitted in the district,
by right or by special permit, as described in this ordinance. There
shall be no use variances allowed.
A.
Uses permitted by right or by special permit shall be subject, in
addition to use regulations, to all other provisions of this ordinance.
B.
In case of mixed occupancy, the regulation for each use shall apply
to the portion of the building or land so used. Combinations of permitted
uses within a single building are permitted, provided that health
and safety regulations are followed. Mixed-use buildings are subject
to a special permit from the Community Development Board.
See the Table of Use Regulations that is declared to be a part
of this ordinance.[1]
[1]
Editor's Note: The Table of Use Regulations is included as
an attachment to this chapter.
Trailers and/or mobile homes are allowed in the City of Methuen
with the following restrictions:
A.
Trailers and/or mobile homes are not to be used for the purpose of
dwellings, places of business or places of storage except as allowed
below.
B.
All legally existing trailers and/or mobile homes may be continued
as a nonconforming use on the existing site.
C.
Trailers and/or mobile homes used on construction projects as offices
or places of storage, or when used as a temporary dwelling on the
site of a single-family residence which has been destroyed or rendered
uninhabitable by fire or other catastrophe, must have a permit from
the Building Commissioner to be used as such and may be used only
for the time limit stated on the permit. If the time expires, a new
permit will be needed.
For the use of a dwelling in any residential district or multifamily
district for a home occupation the following conditions shall apply:
A.
One nonresident may be employed therein so long as the purpose for
which the nonresident is present is related to the home occupation.
B.
The use is carried on strictly within the principal building.
C.
There shall be no exterior alterations or accessory buildings on
display that are not customary with residential buildings.
D.
Not more than 25% of the existing gross floor area of the dwelling
unit, not to exceed 700 square feet, is devoted to such use. In connection
with such use, there is to be kept no stock-in-trade, commodities
or products that occupy space beyond these limits.
E.
There will be no display of goods or wares visible from the street.
F.
The buildings or premises occupied shall not be rendered objectionable
or detrimental to the residential character of the neighborhood due
to the exterior appearance, omission of odor, gas, smoke, dust, noise,
disturbance or in any other way become objectionable or detrimental
to any residential use within the neighborhood.
G.
Any such building shall include no feature of design not customary
in buildings for residential use.
[Amended eff. 3-8-1994 by Ord. No. 500]
The conversion, renovation or addition of not more than 700
square feet in an existing dwelling or on original construction, for
use as a separate, non-income-producing, housekeeping unit for a member
of the family, is allowed in all districts, provided:
A.
The owner must occupy at least one of the dwelling units as a permanent
legal residence except for bona fide temporary absences. A notarized
affidavit from the owner verifying that the dwelling is owner-occupied
and that the occupant of the accessory apartment is a family member
will be required.
B.
Not more than one accessory apartment may be established in a principal
dwelling.
C.
The accessory apartment shall not have separate utilities and shall
be designed so that the appearance of the building in which it is
located remains intact.
D.
Access to the accessory apartment shall be through an interior doorway
and any new entrances required by the Building Official for safety
shall be located on the side or rear of the dwelling.
E.
Off-street parking shall be provided in accordance with the residential
parking requirements of this ordinance.
F.
A restrictive covenant shall be recorded in the Registry of Deeds
stating that the right to maintain an accessory apartment in no way
constitutes approval of an additional dwelling unit. A copy of the
recorded restrictive covenant shall be filed with the Building Department.
G.
An accessory apartment is a temporary exemption not a guaranteed
right and is renewable yearly upon expiration. A reinspection will
be done for every renewal period, and the annual fee for each inspection
shall be $50. If the permit is not renewed, the second kitchen must
be removed and free access created throughout the dwelling.
H.
If there is a change of occupant or if the dwelling is sold, the
accessory apartment permit may be transferred to the new occupant
or owner, provided that the required legal documentation is submitted
within 90 days of the transfer. The property would be subject to a
reinspection at this time and the $50 reinspection fee would apply.
I.
Should the accessory apartment permit be revoked, a $100 per day
fine shall be enforced and a new application cannot be filed for the
same address for two years.
The seasonal outdoor display and sale of fresh fruits, vegetables
and nursery plants which were raised on the premises, which premises
are under five acres, is permitted in the RR and CN Districts, provided
such displays and sales are limited to the summer growing season and
sufficient parking facilities for customers are available.
Private swimming pools are allowed in all residential districts,
provided those of permanent construction:
A.
Conform to the yard requirements for other accessory buildings.
B.
Conform with the fence requirements as set forth in Section 9-74
of the Methuen Municipal Code.
C.
Are, if constructed below grade, equipped with a permanently installed
drainage system designed to prevent overflow into adjacent ways.
The parking of not more than one business vehicle for each dwelling
unit on the lot is permitted in all residential districts, provided
such vehicle:
A.
Single-family. Single-family residential accessory uses shall include
the following:
B.
Multifamily. In multifamily developments, the following uses may
be included if reserved for the occupants' use: administrative offices,
clubrooms and common laundry room.
A.
Agricultural accessory retail. Except for the sale of items exempt
under MGL c. 40A, § 3, the sale of natural products raised
on the premises and of articles manufactured on the premises from
such products is a permitted accessory use to commercial farming,
provided this shall not include any salesroom or other building for
the sale or manufacture of such products unless specifically allowed
by the Table of Permitted Uses.[1]
[1]
Editor's Note: See the Table of Use Regulations included as
an attachment to this chapter.
B.
Roadside stand. The Building Commissioner shall grant a permit for
a roadside stand in the districts where permitted, provided:
(1)
The products and articles sold are limited to those permitted in
§ 5.8;
(2)
Such stands are set back at least 50 feet from any lot line;
(3)
Adequate provision is made for off-street parking on the premises;
(4)
Such stands and displays are neatly maintained to the satisfaction
of the Building Commissioner.
C.
Seasonal sale. The Building Commissioner shall grant a permit for
seasonal sale of either garden supplies, equipment, agricultural products
raised or made elsewhere, but not motorized farm equipment, in a Central
Business District or Highway Business District, provided that:
(1)
The products and articles sold are limited to those mentioned for
the use category;
(2)
Such stands are set back at least 10 feet from any lot line;
(3)
The Chief of Police shall certify to the Building Commissioner that
adequate provision has been made by the applicant for off-street parking
on the premises where the sales will occur and that the activity may
occur without substantially interrupting traffic flow on the adjacent
street(s); and
(4)
Such stands and displays utilized are neatly maintained to the satisfaction
of the Building Commissioner.
A.
Accessory business production. Light manufacturing or preparation
of products customarily sold on the premises by the producer to the
consumer is permitted if limited to not more than 25% of the total
gross floor area of the establishment and not engaging more than five
employees at one time.
B.
Accessory drive-up services and standalone kiosks. Drive-up retail, business or service establishments, drive-up or drive-through restaurants and standalone kiosks shall require a special permit from the Community Development Board to ensure that moving or waiting cars create no hazard or obstruction on a street or parking lot used by the general public and access to such drive-up service shall conform to § 6.2E. Drive-up service shall not constitute a nuisance of any type and shall not operate after 12:00 midnight. Refer to the Methuen Municipal Code, Article VI, Section 9-61.
C.
Accessory outdoor storage and display. Outdoor storage and display
accessory to a business next to a residential district shall conform
to the requirements for yards in § 6.2E, Yard requirements
for all districts.
D.
Accessory retail, personal service, day-care, eating and drinking
uses. Retail, personal service, day-care, eating and drinking uses
shall be permitted if they are accessory to the principal use and
are primarily intended to service the principal use. No more than
10% of the gross floor area of the principal use may be devoted to
said accessory uses. Where there is more than one principal use, each
use may only have 10% of the gross floor area devoted to said accessory
uses.
A.
Accessory outdoor storage and display. The requirements of § 5.14C
for business shall apply.
B.
Accessory industrial retail. The finished products of an industrial
establishment may be sold in the enclosed premises at retail, provided
that:
C.
Accessory employee services. Provision may be made on the premises
of an industrial or office establishment or within an industrial park
for the primary use of persons employed or having business there to
serve food, sell small convenience articles, to provide areas for
recreation and meeting and for the provisions of a day nursery, kindergarten
or day-care center.
Uses accessory to permitted primary uses listed in the Table
of Use Regulations for the Hospital District shall be permitted under
the same conditions as the primary use.[1]
[1]
Editor's Note: The Table of Use Regulations is included as
an attachment to this chapter.
A.
No person shall sell any food at retail or via a drive-through between
the hours of 12:00 midnight and 6:00 a.m.
B.
No store or place of business engaged in retail sale of food shall
be open for transaction of retail business between the hours of 12:00
midnight and 6:00 a.m.
C.
The term "food" used in this ordinance shall include any article
or commodity, however stored or packaged, intended for human consumption,
and shall include alcoholic beverages to be consumed off the premises
at which they are sold, unless any other law or permit or license
granted to the seller of such beverages shall otherwise provide.
D.
This section shall not apply to the sale of food or alcoholic beverages
when such sale is by a common victualler or inn holder license under
Chapter 140 of the General Laws, primarily engaged in the sale of
food to be consumed on the premises where sold.
E.
In cases where, in its opinion, the public good requires it, the
Board of Appeals may issue a special permit allowing a store to remain
open for the transaction of such business to an hour, specified in
the permit, later than 12:00 midnight or to remain open 24 hours a
day. Such special permits shall remain in effect for period of one
year. There shall be an annual inspection to confirm continued conformance
with said special permit.
[Added eff. 2-4-1994 by Ord. No. 497]
Any shopping center having previously received a special permit
or one which was in business and continued in business subject to
the special permit provisions of the City of Methuen shall be allowed,
without the necessity of a further application for a special permit,
to conduct the following businesses: restaurant, eating places, fast-order
food establishments, education and accessory use (for profit) and
laundry, so long as same is operated and/or conducted within the same
footprint of the structure or structures which were a part of the
original special permit.
[Added eff. 5-2-2011 by Ord. No. 849]
Reference should be made to the most recent edition of the Massachusetts
Electrical Code.
A.
BATTERY CHARGING STATION
BATTERY ELECTRIC VEHICLE (BEV)
BATTERY EXCHANGE STATION
CHARGING LEVELS
ELECTRIC VEHICLE
ELECTRIC VEHICLE CHARGING STATION
ELECTRIC VEHICLE INFRASTRUCTURE
ELECTRIC VEHICLE PARKING SPACE
NONELECTRIC VEHICLE
RAPID CHARGING STATION
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An electrical component assembly or cluster of component
assemblies designed specifically to charge batteries within electric
vehicles, which meets or exceeds any standards, codes and regulations
set forth.
Any vehicle that operates exclusively on electrical energy
from an off-board source that is stored in the vehicle's batteries,
and produces zero tailpipe emissions or pollution when stationary
or operating.
A fully automated facility that will enable an electric vehicle
with a swappable battery to enter a drive lane and exchange the depleted
battery with a fully charged battery through a fully automated process,
which meets or exceeds any standards, codes and regulations set forth.
The standardized indicators of electrical force, or voltage,
at which an electric vehicle's battery is recharged. Levels 1, 2 and
3 are the most common EV charging levels, and include the following
specifications:
Any vehicle that operates, either partially or exclusively,
on electrical energy from the grid, or an off-board source, that is
stored on-board for motive purpose. "Electric vehicle" includes:
A public or private parking space that is served by battery
charging station equipment that has as its primary purpose the transfer
of electric energy (by conductive or inductive means) to a battery
or other energy storage device in an electric vehicle. An electric
vehicle charging station equipped with Level 1 or Level 2 charging
equipment is permitted outright as an accessory use to any principal
use.
Structures, machinery and equipment necessary and integral
to support an electric vehicle, including battery charging stations,
rapid charging stations and battery exchange stations.
Any marked parking space that identifies the use to be exclusively
for an electric vehicle.
Any vehicle that does not meet the definition of "electric
vehicle."
An industrial-grade electrical outlet that allows for faster
recharging of electric vehicle batteries through higher power levels,
which meets or exceeds any standards, codes and regulations set forth.
B.
Applicability.
(1)
Electric vehicle charging station(s) with a Level 1 or 2 charging
level shall be permitted in a single-family or multifamily zone designed
to serve the occupants of the home and in all other zones.
(2)
Electric vehicle charging station(s) with a Level 3 or greater charging
level must be installed in a parking lot at a commercial or municipal
destination, or located in a vehicle service station. These stations
are expected to have intensive use and will be permitted to have multiple
"rapid charging stations" to serve expected demand.
(3)
Battery exchange stations are permitted in the BN, BH, BL and IL
Zoning districts with a special permit from the ZBA. This use is specifically
prohibited in all residential zones.
C.
Process for review.
(1)
Electric vehicle charging station.
(a)
New residential construction. If associated with new residential
construction, installation of a Level 1 or 2 battery charging station
shall be processed in association with the underlying permit(s).
(b)
Retrofitting single-family or multifamily residential. If retrofitting
a single-family home for a battery charging station, an electric permit
shall be required.
(c)
New commercial, industrial construction. If associated with
new construction, installation of a battery charging station shall
be processed in association with the underlying permit(s).
(d)
Retrofitting a commercial site. If retrofitting an existing
commercial site for a battery charging station(s), an electric permit
and review of a site plan by the Building Inspector to confirm the
proposed locations will be required. Additional permits may be required
based upon the location of the proposed station(s).
(2)
Battery exchange station(s). A special permit from the ZBA is required
in all zones. Additional permits may be required based upon the location
and size of the proposed station(s).
D.
Design criteria. The following criteria shall be applied to the location
and design of all electric vehicle charging facilities:
(1)
Parking spaces for electric vehicles must not be located in the most
convenient spots because this will encourage use by nonelectric vehicles.
(2)
Design should be appropriate to the location and use. Facilities
should be able to be readily identified by electric cars users but
blend into the surrounding landscape/architecture for compatibility
with the character and use of the site.
(3)
Where provided, spaces should be standard-size parking stalls but
designed in a way that will discourage nonelectric car vehicles from
using them.
(4)
Number. No minimum number of electric vehicle charging spaces is
required, however, No more than 10% of the total number of parking
spaces may be designated as electric vehicle charging stations.
(5)
Minimum parking requirements. An electric vehicle charging space
may count for 1/2 of a space in the calculation for minimum parking
spaces that are required pursuant to other provisions of the Zoning
Ordinance.
(6)
Signage. Each charging station space shall be posted with signage
indicating the space is only for electric vehicle charging purposes.
Days and hours of operations shall be included if time limits or tow-away
provisions are to be enforced by the owner. Information identifying
voltage and amperage levels or safety information must be posted.
(7)
Accessibility. Where charging station equipment is provided within
an adjacent pedestrian circulation area, such as a sidewalk or accessible
route to the building entrance, the charging equipment must be located
so as to not interfere with accessibility requirements. The site plan
of existing parking lot layout and proposed charging stations must
be reviewed and approved by the Building Inspector.
(8)
Maintenance. Charging station equipment shall be maintained in all
respects, including the functioning of the charging equipment. A phone
number or other contact information shall be provided on the charging
station equipment for reporting when the equipment is not functioning
or other problems are encountered.
[Added eff. 8-8-2011 by Ord. No. 853]
A.
Purpose.
(1)
The purpose of this ordinance is to promote the creation of new large-scale
ground-mounted solar photovoltaic installations by providing standards
for the placement, design, construction, operation, monitoring, modification
and removal of such installations that address public safety, minimize
impacts on scenic, natural and historic resources and to provide adequate
financial assurance for the eventual decommissioning of such installations.
(2)
The provisions set forth in this section shall apply to the construction,
operation and/or repair of large-scale ground-mounted solar photovoltaic
installations.
B.
Applicability.
(1)
This section applies to large-scale ground-mounted solar photovoltaic
installations proposed to be constructed after the effective date
of this section. This section also pertains to physical modifications
that materially alter the type, configuration or size of these installations
or related equipment.
(2)
Nothing in this section should be construed to prevent the installation
of accessory roof-mounted solar photovoltaic installations.
C.
DESIGNATED LOCATION
LARGE-SCALE GROUND-MOUNTED SOLAR PHOTOVOLTAIC INSTALLATION
ON-SITE SOLAR PHOTOVOLTAIC INSTALLATION
RATED NAMEPLATE CAPACITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Ground-mounted large-scale solar photovoltaic installations
may be sited as-of right on lots greater than or equal to two acres
in size and located in the CN, BH, BN, BL, IL or H Zoning District.
A solar photovoltaic system that is structurally mounted
on the ground and is not roof-mounted, and has a minimum nameplate
capacity of 250 kW DC.
A solar photovoltaic installation that is constructed at
a location where other uses of the underlying property occur.
The maximum rated output of electric power production of
the photovoltaic system in direct current (DC).
D.
General requirements for all large-scale solar power generation installations.
The following requirements are common to all solar photovoltaic installations
to be sited in designated locations:
(1)
Compliance with laws, ordinances and regulations. The construction
and operation of all large-scale solar photovoltaic installations
shall be consistent with all applicable local, state and federal requirements,
including but not limited to all applicable safety, construction,
electrical and communications requirements. All buildings and fixtures
forming part of a solar photovoltaic installation shall be constructed
in accordance with the State Building Code.
(2)
Building permit and building inspection. No large-scale solar photovoltaic
installation shall be constructed, installed or modified as provided
in this section without first obtaining a building permit.
(3)
Fees. The application for a building permit for a large-scale solar
photovoltaic installation must be accompanied by the fee required
for a building permit.
(4)
Site plan review. Ground-mounted large-scale solar photovoltaic installations
with 250 kW or larger of rated nameplate capacity shall undergo site
plan review by the Community Development Board prior to construction,
installation or modification as provided in this section.
(a)
General. All plans and maps shall be prepared, stamped and signed
by a professional engineer licensed to practice in Massachusetts.
(b)
Required documents. Pursuant to the site plan review process,
the project proponent shall provide the following documents:
[1]
A site plan showing:
[a]
Property lines and physical features, including
roads, for the project site;
[b]
Proposed changes to the landscape of the site,
grading, vegetation clearing and planting, exterior lighting, screening
vegetation or structures;
[c]
Blueprints or drawings of the solar photovoltaic
installation signed by a professional engineer licensed to practice
in the Commonwealth of Massachusetts showing the proposed layout of
the system and any potential shading from nearby structures or vegetation.
[d]
One- or three-line electrical diagram detailing
the solar photovoltaic installation, associated components and electrical
interconnection methods, with all National Electrical Code compliant
disconnects and overcurrent devices;
[e]
Documentation of the major system components to
be used, including the PV panels, mounting system and inverter;
[f]
Name, address and contact information for the proposed
system installer;
[g]
Name, address, phone number and signature of the
project proponent, as well as all co-proponents or property owners,
if any;
[h]
Name, contact information and signature of any
agents representing the project proponent;
[i]
Documentation of actual or prospective access and control of the project site (see also Subsection E);
[k]
Zoning district designation for the parcel(s) of
land comprising the project site [submission of a copy of a Zoning
Map with the parcel(s) identified is suitable for this purpose];
[l]
Proof of liability insurance; and
[2]
The Community Development Board may waive documentary requirements,
as it deems appropriate.
E.
Site control. The project proponent shall submit documentation of
actual or prospective access and control of the project site sufficient
to allow for construction and operation of the proposed solar photovoltaic
installation.
F.
Operation and maintenance plan. The project proponent shall submit
a plan for the operation and maintenance of the large-scale ground-mounted
solar photovoltaic installation, which shall include measures for
maintaining safe access to the installation, stormwater controls,
as well as general procedures for operational maintenance of the installation.
G.
Utility notification. No large-scale ground-mounted solar photovoltaic installation shall be constructed until evidence has been given to the Community Development Board that the utility company that operates the electrical grid where the installation is to be located has been informed of the solar photovoltaic installation owner's or operator's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this Subsection G requirement.
H.
Dimension and density requirements.
(1)
Setbacks. The purpose of setbacks is to mitigate adverse impacts
on abutting properties. For large-scale ground-mounted solar photovoltaic
installations, front, side and rear setbacks shall be as follows:
(2)
Appurtenant structures. All appurtenant structures to large-scale
ground-mounted solar photovoltaic installations shall be subject to
reasonable regulations, including those found in the Zoning Ordinance,
concerning the bulk and height of structures, lot area, setbacks,
open space, parking and building coverage requirements. All such appurtenant
structures, including, but not limited to, equipment shelters, storage
facilities, transformers and substations, shall be architecturally
compatible with each other. Whenever reasonable, structures should
be shaded from view by vegetation and/or joined or clustered to avoid
adverse visual impacts.
I.
Design standards.
(1)
Lighting. Lighting of solar photovoltaic installations shall be consistent
with local, state and federal law. Lighting of other parts of the
installation, such as appurtenant structures, shall be limited to
that required for safety and operational purposes, and shall be reasonably
shielded from abutting properties. Where feasible, lighting of the
solar photovoltaic installation shall be directed downward and shall
incorporate full-cut-off fixtures to reduce light pollution.
(2)
Signage. Signs on large-scale ground-mounted solar photovoltaic installations
shall comply with a municipality's sign ordinance.
(a)
A sign consistent with the municipality's sign ordinance shall be
required to identify the owner and provide a twenty-four-hour emergency
contact phone number.
(b)
Solar photovoltaic installations shall not be used for displaying
any advertising except for reasonable identification of the manufacturer
or operator of the solar photovoltaic installation.
(3)
Utility connections. Reasonable efforts, as determined by the Community
Development Board, shall be made to place all utility connections
from the solar photovoltaic installation underground, depending on
appropriate soil conditions, shape and topography of the site and
any requirements of the utility provider. Electrical transformers
for utility interconnections may be above ground if required by the
utility provider.
J.
Safety and environmental standards.
(1)
Emergency services. The large-scale solar photovoltaic installation
owner or operator shall provide a copy of the project summary, electrical
schematic and site plan to the local Fire Chief. Upon request, the
owner or operator shall cooperate with local emergency services in
developing an emergency response plan. All means of shutting down
the solar photovoltaic installation shall be clearly marked. The owner
or operator shall identify a responsible person for public inquiries
throughout the life of the installation.
(2)
Land clearing, soil erosion and habitat impacts. Clearing of natural
vegetation shall be limited to what is necessary for the construction,
operation and maintenance of the large-scale ground-mounted solar
photovoltaic installation or otherwise prescribed by applicable laws,
regulations and ordinances.
K.
Monitoring and maintenance.
(1)
Solar photovoltaic installation conditions. The large-scale ground-mounted
solar photovoltaic installation owner or operator shall maintain the
facility in good condition. Maintenance shall include, but not be
limited to, painting, structural repairs and integrity of security
measures. Site access shall be maintained to a level acceptable to
the local Fire Chief and Emergency Medical Services. The owner or
operator shall be responsible for the cost of maintaining the solar
photovoltaic installation and any access road(s), unless accepted
as a public way.
(2)
Modifications. All material modifications to a solar photovoltaic
installation made after issuance of the required building permit shall
require approval by the Community Development Board.
L.
Abandonment or decommissioning.
(1)
Removal requirements. Any large-scale ground-mounted solar photovoltaic installation that has reached the end of its useful life or has been abandoned consistent with Subsection L(2) below shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Community Development Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(a)
Physical removal of all large-scale ground-mounted solar photovoltaic
installations, structures, equipment, security barriers and transmission
lines from the site.
(b)
Disposal of all solid and hazardous waste in accordance with
local, state and federal waste disposal regulations.
(c)
Stabilization or revegetation of the site as necessary to minimize
erosion. The Community Development Board may allow the owner or operator
to leave landscaping or designated below-grade foundations in order
to minimize erosion and disruption to vegetation.
(2)
Abandonment. Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, the solar photovoltaic
installation shall be considered abandoned when it fails to operate
for more than one year without the written consent of the Community
Development Board. If the owner or operator of the large-scale ground-mounted
solar photovoltaic installation fails to remove the installation in
accordance with the requirements of this section within 150 days of
abandonment or the proposed date of decommissioning, the town may
enter the property and physically remove the installation.
(3)
Financial surety. Proponents of large-scale ground-mounted solar
photovoltaic projects shall provide a form of surety, either through
escrow account, bond or otherwise, to cover the cost of removal in
the event the town must remove the installation and remediate the
landscape, in an amount and form determined to be reasonable by the
Community Development Board, but in no event to exceed more than 125%
of the cost of removal and compliance with the additional requirements
set forth herein, as determined by the project proponent. Such surety
will not be required for municipally or state-owned facilities. The
project proponent shall submit a fully inclusive estimate of the costs
associated with removal, prepared by a qualified engineer. The amount
shall include a mechanism for calculating increased removal costs
due to inflation.
[Added 11-28-2017 by Ord.
No. 924]
A.
Purpose. It is the purpose of this section to establish a Methuen
Center Smart Growth Overlay District (MCSGOD) and to encourage smart
growth in accordance with the purposes of MGL c. 40R, and to foster
a range of housing opportunities along with a mixed-use development
component, to be proposed in a distinctive and attractive site development
program that promotes compact design, preservation of open space,
rehabilitation and reuse of existing historic structures and a variety
of transportation options, including enhanced pedestrian access to
employment and nearby transportation systems. Other objectives of
this section are to:
(1)
Promote the public health, safety and welfare by encouraging diversity
of housing opportunities;
(2)
Provide for a full range of housing choices for households of all
incomes, ages and sizes in order to meet the goal of preserving municipal
character and diversity;
(3)
Increase the production of a range of housing units to meet existing
and anticipated housing needs;
(4)
Provide a mechanism by which residential development can contribute
directly to increasing the supply and diversity of housing;
(5)
Establish requirements, standards and guidelines, and ensure predictable,
fair and cost-effective development review and permitting;
(6)
Establish development standards to allow context-sensitive design
and creative site planning; and
(7)
Enable the City to receive Zoning Incentive Payments and Density
Bonus Payments in accordance with MGL c. 40R, 760 CMR 59.06 and additional
Chapter 70 aid in accordance with MGL c. 40S arising from the development
of housing in the MCSGOD.
B.
AFFIRMATIVE FAIR HOUSING MARKETING AND RESIDENT SELECTION PLAN
(AFHMP)
AFFORDABLE HOMEOWNERSHIP UNIT
AFFORDABLE HOUSING
AFFORDABLE HOUSING RESTRICTION
AFFORDABLE RENTAL UNIT
ARTIST LIVE/WORK UNIT
AS-OF-RIGHT
DESIGN GUIDELINES
DEVELOPABLE LAND
DHCD
ELIGIBLE HOUSEHOLD
ENABLING LAWS
MIXED USE
MONITORING AGENT
MULTIFAMILY DWELLING
PAA REGULATIONS
PLAN APPROVAL
PLAN APPROVAL AUTHORITY or PAA
PROJECT
SITE PLAN
SUBSTANTIALLY DEVELOPED LAND
UNDERUTILIZED LAND
ZONING ORDINANCE
Definitions. For purposes of this section, the following definitions
shall apply. All capitalized terms shall be defined in accordance
with the definitions established under the Enabling Laws or this § 5.22.
To the extent that there is any conflict between the definitions set
forth in this section and the Enabling Laws, the terms of the Enabling
Laws shall govern.
A plan that meets the requirements of the DHCD Affirmative
Fair Housing and Resident Selection Plan Guidelines and that has been
approved by DHCD.
An Affordable Housing unit required to be sold to an Eligible
Household.
Housing that is affordable to and occupied by Eligible Households.
A deed restriction of Affordable Housing meeting statutory
requirements in MGL c. 184, § 31, the Enabling Laws and
the requirements of § 5.22.
An Affordable Housing unit required to be rented to an Eligible
Household.
A residential use that permits up to 50% of the gross floor
area of a residential dwelling unit to be used for the production
of, showing and sale of arts and crafts made on the premises by the
occupant of said unit; alternatively, a building or buildings where
a portion of the total space is used for residential purposes and
other portion(s), not to exceed 50% of the gross floor area of the
building(s), are used for the production, showing and sale of arts
and crafts produced by the residents thereof. Notwithstanding the
preceding, allowances for art-related uses, where said building or
buildings contains other types of nonresidential uses, a minimum of
50% of total gross floor area must be devoted to residential use,
excluding any percentage of the gross floor area that permits such
art-related uses.
Allowable development of one or more units of housing hereunder
without recourse to a special permit, variance, zoning amendment or
other form of zoning relief.
Noncompulsory site and building design principles and guidance
to applicants for Plan Approval, addressing site planning, architectural
design, parking, accessibility, infrastructure and the natural environment.[1]
All land within the MCSGOD that can be feasibly developed
into residential or Mixed-Use Projects, excluding Substantially Developed
Land, Open Space, Future Open Space, the rights-of-way of existing
public streets, ways and transit lines, land currently in use for
governmental functions and other environmentally constrained land,
all as defined or as further described herein or in the Enabling Laws.
The Department of Housing and Community Development of the
Commonwealth of Massachusetts or any successor agency.
An individual or household whose annual income is less than
80% of the area-wide median income as determined by the United States
Department of Housing and Urban Development (HUD), adjusted for household
size, with income computed using HUD's rules for attribution of income
to assets.
MGL c. 40R and 760 CMR 59.00, as they may be amended from
time to time.
Structure in which Multifamily Dwellings are permitted As-of-right
with allowed commercial, institutional, industrial or other nonresidential
uses.
Dwelling containing four or more dwelling units.
The regulations of the Community Development Board, approved
and on file with DHCD and made applicable to Projects in the MCSGOD
only insofar as they contain the submittal requirements and fee schedule
for applications before said Board. Applicants and their applications
may not be subject to any such regulations, submittal requirements,
fee schedules and application forms that are not on file with and
approved by DHCD. Any subsequent amendments to such regulations, submittal
requirements, fee schedules and application forms must also be on
file with and approved by DHCD.
Standards and criteria which a Project in the MCSGOD must
meet under the procedures established herein and in the Enabling Laws.
For purposes of reviewing Project applications and issuing
decisions on Projects within the MCSGOD, the Plan Approval Authority
(PAA), consistent with MGL c. 40R and 760 CMR 59.00, shall be the
Community Development Board. The PAA is authorized to approve a Site
Plan and issue a Plan Approval decision in order to implement a Project.
A residential, commercial or mixed-use development undertaken
under § 5.22. A Project shall be identified on the Site
Plan which is submitted to the Plan Approval Authority for Plan Review.
A plan depicting a proposed Project for any portion of the
MCSGOD and which is submitted to the Plan Approval Authority for its
review and approval in accordance with the provisions of § 5.22.
Land within the MCSGOD that is currently used for commercial,
industrial, institutional or governmental use, or for residential
use consistent with or exceeding the densities allowable under the
underlying zoning, and which does not qualify as Underutilized Land.
Developable Land within the MCSGOD that would otherwise qualify
as Substantially Developed Land but which is characterized by improvements
that have a marginal or significantly declining use and which may
have reasonable potential to be developed, recycled or converted into
a residential or Mixed-Use Project(s) consistent with smart growth
principles.
The Methuen Comprehensive Zoning Ordinance.
[1]
Editor's Note: The Design Guidelines are included as an attachment
to this chapter.
C.
Overlay district. The MCSGOD is an overlay district having a land
area of approximately 54.44 acres that is superimposed over the underlying
zoning districts, as shown on the map entitled "Proposed Methuen Center
Smart Growth Overlay District," dated June 6, 2017, and attached hereto
as Appendix A. Said map is hereby made a part of the Zoning Ordinance
and of the City's Official Zoning Map, and is on file in the Office
of the City Clerk.
(1)
Underlying zoning. The MCSGOD is an overlay district superimposed
on all underlying zoning districts. Except as limited herein, the
underlying zoning shall remain in full force and effect.
(2)
Applicability of MCSGOD. In accordance with the provisions of the Enabling Laws, an applicant for a Project located within the MCSGOD may seek Plan Approval in accordance with the requirements of this § 5.22. In such case, notwithstanding anything to the contrary in this Zoning Ordinance, such Plan Approval shall not be subject to any other provisions of this Zoning Ordinance, including limitations upon the issuance of building permits for residential uses related to a rate of development or phased growth limitation or to a local moratorium on the issuance of such permits, or to building permit or dwelling unit limitations. When a building permit is issued for any Project approved in accordance with this § 5.22, the provisions of the underlying district(s) shall no longer be applicable to the land shown on the Site Plan which was submitted pursuant to § 5.22 for such Project. Until such time that the City has demonstrated to DHCD that Certificates of Occupancy have been issued for at least 201 40R units within the MCSGOD, any amendments to other sections of the Zoning Ordinance or to any other municipal ordinances, guidelines, rules and regulations that are referred to in § 5.22 but not contained directly within § 5.22 and to which Projects are subject, shall not apply to the MCSGOD until DHCD has issued a determination in writing that such amendments are consistent with the Enabling Laws and can apply to the MCSGOD. Prior to such demonstration, if any such ordinances, regulations, rules, guidelines or amendments thereto are found by DHCD to be in conflict with the requirements of the Enabling Laws with respect to the allowable As-of-Right residential densities, economic feasibility or any other material provision, DHCD reserves the right to take appropriate action under 760 CMR 59.07(3). This provision applies to all municipal ordinances, guidelines, rules and regulations incorporated by reference, including but not limited to Article VII, §§ 3.2, 3.4, 3.5, 11.17 of the Zoning Ordinance, the Historic District Commission Rules and Regulations, the Searles Tenney Nevins Historic District Design Guidelines, the Methuen Sign Guide, the City's Demolition Delay Ordinance, the PAA Regulations, the MCSGOD Design Guidelines and application materials.
D.
Housing and affordability.
(1)
Marketing plan. Prior to granting Plan Approval for housing within the MCSGOD, an Applicant for such approval must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including households with children, other households, individuals, households including individuals with disabilities, and the elderly. These documents in combination, to be submitted with an application for Plan Approval pursuant to Subsection K, below, shall include details about construction related to the provision, type and specific location, within the Project, of all Affordable Housing units as well as all units that are accessible to the disabled. The marketing plan must be approved by DHCD under the 40R Program prior to the issuance of a building permit for a Project.
(2)
Number of affordable housing units. For all Projects, not more than
50% but not less than 20% of the total housing units constructed in
a Project shall be Affordable Housing. For all Projects where the
Affordable Housing units proposed are Affordable Rental Units, not
more than 50% but not less than 25% of the total housing units in
any building containing rental units shall be Affordable Housing;
provided, however, that not more than 50% but not less than 20% of
such units may be affordable where restricted to households earning
less than 50% of area median income. For purposes of calculating the
number of units of Affordable Housing required within a Project, any
fractional unit shall be deemed to constitute a whole unit.
(3)
Requirements. Affordable Housing shall comply with the following
requirements:
(a)
For an Affordable Rental Unit, the monthly rent payment, including
utilities and parking, shall not exceed 30% of the maximum monthly
income permissible for an Eligible Household, assuming a family size
equal to the number of bedrooms in the unit plus one, unless other
affordable program rent limits approved by the DHCD shall apply.
(b)
For an Affordable Homeownership Unit, the monthly housing payment,
including mortgage principal and interest, private mortgage insurance,
property taxes, condominium and/or homeowners' association fees, insurance
and parking, shall not exceed 30% of the maximum monthly income permissible
for an Eligible Household, assuming a family size equal to the number
of bedrooms in the unit plus one.
(c)
Affordable Housing required to be offered for rent or sale shall
be rented or sold to and occupied only by Eligible Households.
(d)
The MCSGOD shall not include the imposition of restrictions
on age upon the entire District or any portion thereof, but if proposed
as part of one or more applications for Plan Approval, the PAA may
allow the development of specific Projects within the MCSGOD that
are exclusively for the elderly, persons with disabilities or for
assisted living, provided that any such Project shall be in compliance
with all applicable federal, state and local fair housing laws and
regulations and not less than 25% of the housing units in such a restricted
Project shall be restricted as Affordable Housing.
(e)
At least 10% of the Affordable Housing units shall be wheelchair-accessible
for the physically disabled.
(4)
Design and construction. Units of Affordable Housing shall be finished
housing units. Units of Affordable Housing shall be equitably integrated
and dispersed proportionately throughout the Project of which they
are part, including by unit type and, if applicable, by construction
phase, and in accordance with an AFHMP approved by the Monitoring
Agent and DHCD. Units of Affordable Housing shall be comparable in
initial construction, quality and exterior design to other housing
units in the Project. The total number of bedrooms in the Affordable
Housing shall be at least proportionate to the total number of bedrooms
in all the units in the Project of which the Affordable Housing is
part.
(5)
Affordable Housing restriction. Each unit of Affordable Housing shall
be subject to an Affordable Housing Restriction which is recorded
with the appropriate Registry of Deeds or District Registry of the
Land Court and prior to such recording has been approved by DHCD under
the 40R Program. Such Affordable Housing Restriction shall contain
the following:
(a)
Specification of the term of the Affordable Housing Restriction,
which shall be the maximum period allowed by law but not less than
99 years;
(b)
The name and address of a Monitoring Agent, with a designation
of its power to monitor and enforce the Affordable Housing Restriction;
(c)
A description of the Affordable Homeownership Unit, if any,
by address and number of bedrooms; and a description of the overall
quantity and number of bedrooms and number of bedroom types of Affordable
Rental Units in a Project or portion of a Project which are rental.
Such restriction shall apply individually to the specifically identified
Affordable Homeownership Unit and shall apply to a percentage of rental
units of a rental Project or the rental portion of a Project, with
specific Affordable Rental Units identified and able to float as necessary
and expressly approved on a unit-by-unit basis by the Monitoring Agent
and DHCD and in accordance with the corresponding AFHMP and the most
recently published version of DHCD's Affirmative Fair Housing Marketing
and Resident Selection Plan Guidelines or any successor document recognized
for such purpose by DHCD.
(d)
Reference to an AFHMP, to which the Affordable Housing is subject,
and which includes an affirmative fair housing marketing program,
including public notice and a fair resident selection process. To
the extent approved by DHCD therein, the AFHMP may provide for preferences
in resident selection for the Affordable Housing units. The plan shall
designate the household size appropriate for a unit with respect to
bedroom size and provide that the preference for such unit shall be
given to a household of the appropriate size;
(e)
A requirement that buyers or tenants will be selected at the
initial sale or initial rental and upon all subsequent sales and rentals
from a list of Eligible Households compiled in accordance with the
housing marketing and selection plan;
(f)
Reference to the formula pursuant to which rent of an Affordable
Rental Unit or the maximum resale price of an Affordable Homeownership
Unit will be set;
(g)
Designation of the priority of the Affordable Housing Restriction
over other mortgages and restrictions, provided that a first mortgage
of an Affordable Homeownership Unit to a commercial lender in an amount
less than maximum resale price may have priority over the Affordable
Housing Restriction if required by then current practice of commercial
mortgage lender;
(h)
A requirement that only an Eligible Household may reside in
Affordable Housing and that notice of any lease or sublease of any
unit of Affordable Housing shall be given to the Monitoring Agent;
(i)
Provision for effective monitoring and enforcement of the terms
and provisions of the Affordable Housing Restriction by the Monitoring
Agent;
(j)
Provision that the restriction on an Affordable Homeownership
Unit shall run in favor of the Monitoring Agent and the City, in a
form approved by municipal counsel, and shall limit initial sale and
resale to and occupancy by an Eligible Household;
(k)
Provision that the restriction on Affordable Rental Units in
a rental Project or rental portion of a Project shall run with the
rental Project or rental portion of a Project and shall run in favor
of the Monitoring Agent and the City, in a form approved by municipal
counsel, and shall limit rental and occupancy to an Eligible Household;
(l)
Provision that the owner(s) or manager(s) of Affordable Rental
Unit(s) shall file an annual report with the Monitoring Agent, in
a form specified by that agent, certifying compliance with the affordability
provisions of this § 5.22 and containing such other information
as may be reasonably requested in order to ensure affordability; and
(m)
A requirement that residents in Affordable Housing provide such
information as the Monitoring Agent may reasonably request in order
to ensure affordability.
(6)
Monitoring agent. A Monitoring Agent, which may be the local housing
authority or other qualified housing entity, shall be designated by
the PAA as the Monitoring Agent for all Projects in the MCSGOD. In
a case where the Monitoring Agent cannot adequately carry out its
administrative duties, upon certification of this fact by the PAA
or by DHCD, such duties shall devolve to and thereafter be administered
by a qualified housing entity designated by the PAA or, in the absence
of such timely designation, by an entity designated by the DHCD. In
any event, such Monitoring Agent shall ensure the following, both
prior to issuance of a building permit for a Project within the MCSGOD,
and on a continuing basis thereafter, as the case may be:
(a)
Prices of Affordable Homeownership Units are properly computed
or rental amounts of Affordable Rental Units are properly computed;
(b)
Income eligibility of households applying for Affordable Housing
is properly and reliably determined;
(c)
The AFHMP conforms to all requirements and is properly administered;
(d)
Sales and rentals are made to Eligible Households chosen in
accordance with the AFHMP, with appropriate unit size for each household
being properly determined and proper preference being given; and
(e)
Affordable Housing Restrictions meeting the requirements of
this § 5.22 are recorded with the proper Registry of Deeds
or District Registry of the Land Court.
(7)
Affirmative Fair Housing Marketing and Resident Selection Plan (AFHMP). The AFHMP shall make provision for payment by the Project applicant of reasonable costs to the Monitoring Agent to develop, advertise and maintain the list of Eligible Households and to monitor and enforce compliance with affordability requirements, as set forth in this Subsection D.
(8)
Phasing. The PAA, as a condition of any Plan Approval, may require
a Project to be phased in order to mitigate any extraordinary adverse
Project impacts on nearby properties. For Projects that are approved
and developed in phases, the PAA shall assure the required number
of Affordable Housing units in the Project. Such assurance may be
provided through use of the security devices referenced in MGL c.
41, § 81U, or through the PAA's withholding of certificates
of occupancy until proportionality has been achieved. No Density Bonus
Payment for the Project will be received by the City until such proportionality
has been achieved by the issuance of occupancy permits for the Affordable
Housing units in the Project. In no case may a phase contain less
than 20% Affordable Housing.
(9)
Computation. Prior to the granting of any Plan Approval of a Project,
the applicant must demonstrate, to the satisfaction of the Monitoring
Agent, that the method by which such affordable rents or affordable
purchase prices are computed shall be consistent with state or federal
guidelines for affordability applicable to the City.
E.
Permitted uses.
(1)
Residential uses. Multifamily Dwellings shall be permitted As-of-Right
in the MCSGOD, subject to Plan Approval by the PAA.
(2)
Nonresidential uses.
(a)
Nonresidential uses shall be permitted in the MCSGOD in accordance
with the underlying zoning and upon the receipt of any zoning relief
required therefor; provided that, notwithstanding the provisions of
the underlying zoning, the following uses shall be permitted As-of-Right
in the MCSGOD:
(3)
Mixed Use. Mixed-Use development shall be permitted in the MCSGOD, subject to receipt of any zoning relief required for the nonresidential component thereof and the limitations on nonresidential use that can be approved under § 5.22 as outlined below in Subsection F(2).
(4)
Artist Live/Work Unit. Artist Live/Work Units shall be permitted
As-of-Right in the MCSGOD.
(5)
Accessory uses. Uses customarily incidental to the aforesaid allowed
uses shall be permitted as accessory uses As-of-Right in the MCSGOD.
F.
Density.
(1)
Residential. The permissible residential density in the MCSGOD is
30 dwelling units per acre of Developable Land or acre of Substantially
Developed Land. For the purposes of § 5.22 only, there are
13.42 acres of Developable Land and 17.69 acres of Substantially Developed
Land in the MCSGOD as shown on the map entitled "Developable Land
Plan of the District", dated June 6, 2017, and attached hereto as
Appendix C. Said map is hereby made a part of § 5.22 of
the Zoning Ordinance, and of the City's Official Zoning Map, and is
on file in the Office of the City Clerk. The aforesaid residential
density shall also be applicable to Artist Live/Work Units.
(2)
Nonresidential. Total nonresidential development in the MCSGOD pursuant
to this § 5.22 shall be capped at 80,000 square feet of
aggregate gross floor area. Notwithstanding such allowance for nonresidential
use under § 5.22, nonresidential development permitted under
this § 5.22, including the nonresidential portions of any
already completed or permitted Mixed-Use Project, may not authorize
nonresidential development that, when the development potential of
the remaining Developable Land within the District is calculated,
would preclude the District as a whole from accommodating at least
201 40R Bonus Units, with such calculation taking into account those
40R Bonus Units completed or under construction as well as any units
still developable based on the remaining Developable Land within the
MCSGOD.
(3)
Mixed Use. For Mixed-Use development, the permissible residential density per Subsection F(1) above shall apply to the Project so that the number of units allowed therein is equal to the number of units that would otherwise be allowed on the parcel if the Project was entirely residential multiplied by the percentage of the land or building area occupied by the residential portion of the Project; provided, however, that ground-floor nonresidential use(s) shall be excluded from the foregoing calculation, such that the permissible residential density shall be unaltered by the inclusion of said nonresidential use(s).
(4)
Integration of uses. Subject to the limits on nonresidential use under Subsection F(2), the PAA may require the integration of residential and nonresidential uses as a condition of Plan Approval for a Mixed-Use Project.
(5)
Substantially Developed Land. The residential density permitted hereunder
shall apply to all of the Substantially Developed Land within the
MCSGOD.
G.
Dimensional regulations. All buildings, development and redevelopment
shall conform to the following dimensional requirements:
|
Requirement
|
MCSGOD
|
|---|---|
|
Minimum Lot Area
(square feet)
|
0
|
|
Maximum Density
|
30 dwelling units per acre of Developable Land or Substantially
Developed Land
|
|
Minimum Frontage (fee.)
|
50
|
|
Minimum Width (feet)
|
50
|
|
Minimum Yard Setback (feet)
| |
|
Front
|
0
|
|
Side
|
10
|
|
Rear
|
10
|
|
Maximum Number of Stories
|
4
|
|
Maximum Height (feet)
|
45
|
|
Maximum Lot Coverage
|
70%
|
|
Minimum Open Space
|
30%
|
H.
Development controls. All residential and nonresidential development in the MCSGOD shall comply with the following requirements, as applicable, subject only to such waiver(s) as may be granted by the PAA in accordance with Subsection M(1) below:
(1)
Mixed-Use buildings shall include a combination of nonresidential
use(s) on the ground floor and residential use on upper floor(s).
Nonresidential uses may include neighborhood retail, restaurants,
cafes, art galleries, exhibition space, health-care services, community
services and/or other permitted uses that promote pedestrian activity
while being compatible with residential use.
(2)
Subject to the limitations on nonresidential use contained in Subsection F(2) above, all buildings located along the frontage of lots along Broadway, Hampshire, Osgood, Lowell and Pelham Streets shall be Mixed Use, with their main elevation facing the street so as to allow direct public access to ground-floor nonresidential use(s). If more than one building is proposed on a lot as part of a Mixed-Use Project, only the building(s) with direct frontage on and access to one of the aforesaid streets shall be required to include ground-floor nonresidential use(s). Other buildings located in or alongside yards or toward the rear of these lots, and building(s) without direct frontage on or access to said street(s), may be used as Multifamily Dwellings.
(3)
Buildings with commercial use(s) on the ground floor shall have at
least 40% of the ground-floor facade in transparent windows and storefronts
along primary elevations that face the street.
(4)
Buildings with commercial use(s) on the ground floor shall have at
least 15% of the ground-floor facade in transparent windows and storefronts
along secondary elevations that face pedestrian alleys or walkways.
(5)
If existing buildings adjacent to a new Project are set back at a
distance that exceeds the minimum front-yard setback requirement under
this § 5.22, the new building(s) in the Project shall match
the front-yard setback of the immediately adjacent existing building(s).
If the setbacks of immediately adjacent buildings differ, new building(s)
may match one or the other, or an average of the two setbacks.
(6)
If the existing sidewalk in front of a Mixed-Use building with commercial
use(s) on the ground floor is narrower than eight feet, the building
shall be set back from the property line at such a distance that the
total width of the sidewalk plus the front yard equals no less than
eight feet.
(7)
All site planning and building design for new construction and alterations
shall comply with all state and federal laws, including, as applicable,
the requirements of the American with Disabilities Act (ADA) Standards
for Accessible Design and the Rules and Regulations of the Massachusetts
Architectural Access Board (AAB).
(8)
All new construction, alteration or demolition of an exterior building
feature, building or structure that is visible from a public street,
way, park or waterway within the Searles Tenney Nevins Historic District
or the Spicket Falls National Register District shall be subject to
design review and compliance with the corresponding Historic District
Commission Rules and Regulations, the Searles Tenney Nevins Historic
District Design Guidelines and/or the Methuen Sign Guide, all as in
effect on April 11, 2016, unless otherwise expressly approved in writing
by DHCD. Notwithstanding the foregoing, the requirements of the Historic
District Commission Rules and Regulations and the Searles Tenney Nevins
Historic District Guidelines, applicable to exterior and not interior
features of structures contained within the District, shall not be
applied so as to unduly restrict or unreasonably impair the economic
feasibility of development within the MCSGOD of at least 201 40R Bonus
Units at the As-of-Right densities permitted hereunder.
(9)
Any lot in the MCSGOD that contains one or more existing historic
buildings shall preserve, rehabilitate or adaptively reuse such building(s)
for Multifamily Dwellings or Mixed-Use development, unless a waiver
is granted by the PAA as aforesaid.
(10)
Demolition of any building or existing structure within the
MCSGOD shall be subject to compliance with the City's Demolition Delay
Ordinance as in effect on April 11, 2016, unless otherwise expressly
approved in writing by DHCD. See Chapter 25 of the Municipal Code.
(11)
All new development, building and site alterations shall comply with the Sign and Illumination Regulations and Floodplain District requirements of the Zoning Ordinance as in effect on April 11, 2016, unless otherwise expressly approved in writing by DHCD. See Article VII and § 11.17, respectively.
(12)
The location and design of off-street parking and loading spaces
shall comply with the requirements of § 8.2, 8.4 and
8.5 of the Zoning Ordinance as in effect on April 11, 2016.
I.
Design Guidelines.[2]
(1)
Design Guidelines. To promote the objectives enumerated therein,
the Design Guidelines are incorporated as Appendix B hereto and are
applicable to all Projects within the MCSGOD. The Design Guidelines
aim to advance compact development, historic preservation, walkable
neighborhoods and the protection of natural features in the design
or redesign of Project sites, and to emphasize the importance of appropriate
building scale, a relationship between historical and contemporary
design and the renovation and adaptive reuse of existing buildings
in the MCSGOD. The Design Guidelines address site planning, architectural
design, parking, accessibility, infrastructure and the natural environment.
(2)
Noncompulsory. The Design Guidelines are noncompulsory guidance only;
their fulfilment is recommended but not mandatory. Because the Design
Guidelines are advisory in nature, noncompliance therewith shall not
constitute the basis for the denial of Plan Approval.
(3)
Amendments. The PAA may adopt from time to time, by majority vote,
amendments to the Design Guidelines. Until such time that the City
has issued certificates of occupancy for at least 201 eligible units
in the MCSGOD, applications for Plan Approval shall not be subject
to such amendments until they have received written approval by DHCD.
[2]
Editor's Note: The Design Guidelines are included as an attachment
to this chapter.
J.
Off-street parking and loading regulations.
(1)
Minimum requirements. For any structure that is constructed, enlarged
or extended or has a change of use which affects the computation of
parking spaces, and for any use of land established, or any existing
use changed, parking and loading spaces shall be meet the following
requirements:
|
Use(1)
|
Off-Street Parking Spaces
|
|---|---|
|
Multifamily residential
|
1 space per dwelling unit plus 1 guest space per every 5 regular
spaces
|
|
Eating places serving food and/or beverages
|
1 space per 4 employees on maximum working shift plus 1 space
per every 8 seats (or portion thereof)
|
|
Other nonresidential use
|
1 space per 500 square feet of gross floor area plus 1 space
per 4 employees on maximum working shift
|
|
(1)
|
For Mixed-Use development, these requirements shall apply proportionately
to uses therein.
|
(2)
Computation of spaces. When the computation of required parking or
loading spaces results in the requirement of a fractional space, any
fraction over 1/2 shall require one space.
(3)
Shared parking. The use of shared parking to fulfill parking demands
noted above that occur at different times of day may be considered
by the PAA. Minimum parking requirements may be reduced at the discretion
of the PAA if an applicant can demonstrate that shared spaces will
meet parking demands by using accepted methodologies; e.g., the Urban
Land Institute's Shared Parking publication, the Institute of Transportation
Engineers' Shared Parking Planning Guidelines.
(4)
Reduction of parking requirement. The required amount of parking
may be reduced at the discretion of the PAA upon a showing that the
lesser amount of parking will not cause excessive congestion or endanger
public safety, or that the lesser amount of parking will provide positive
environmental, historic preservation or other benefits. The PAA may
consider:
(a)
The availability of surplus off-street parking in the vicinity
of the use being served and/or the proximity of a bus route;
(b)
The availability of public or commercial parking facilities
in the vicinity of the use being served;
(c)
Shared use of off-street parking spaces serving other uses having
peak user demands at different times;
(d)
Age, income or other characteristics of the likely users which
are likely to result in a lower level of vehicle usage;
(e)
Prioritizing the preservation, rehabilitation and reuse of historic
structures even where requisite parking cannot be accommodated on-site;
and
(f)
Such other factors as may be deemed appropriate by the PAA,
including whether a reduction of the parking requirement is likely
to encourage the use of public transportation or encourage a proposed
development to be more pedestrian-friendly.
(5)
Location of loading spaces. Any loading spaces required shall in
all cases be on the same lot as the use they are intended to serve.
In no case shall the required loading spaces be part of the area used
to satisfy the parking requirements of this § 5.22.
K.
Application for Plan Approval.
(1)
Pre-application.
(a)
Prior to the submittal of a Site Plan, a concept plan, so-called,
may be submitted to help guide the development of the definitive Site
Plan for Project buildout and individual elements thereof. Such concept
plan should reflect the following:
(b)
The concept plan is intended to be used as a tool for both the
applicant and the PAA to ensure that the proposed Project design will
be compliant with the requirements of the MCSGOD and to assess/evaluate
consistency with the Design Guidelines.
(2)
Application. An application for Plan Approval shall be submitted
to the PAA on the form provided by the PAA. Such form must be approved
by and on file with DHCD. An application shall show the proposed buildout
of the entire Project, whether the Project will be phased or not.
(3)
Required submittals. The application for Plan Approval shall be accompanied
by the plans and documents further specified and in such number as
is required by the PAA Regulations on file with DHCD. The application
shall be submitted together with the application or filing fee, per
the PAA Regulations or fee schedule contained or referenced therein.
L.
Procedures.
(1)
Filing. An applicant for Plan Approval shall file the application
and all required submittals with the City Clerk and shall also file
forthwith the requisite number of copies of the application and other
required submittals with the PAA, including notice of the date of
filing with the City Clerk.
(2)
Circulation to other boards. Upon receipt of the application, the
PAA shall immediately provide a copy of the application materials
to the City Council, Zoning Board of Appeals, Board of Health, Conservation
Commission, Fire Department, Police Department, Building Commissioner,
Department of Public Works and other municipal officers, agencies
or boards designated by the PAA for comment, and any such board, agency
or officer shall provide any written comments within 60 days of its
receipt of a copy of the plan and application for Plan Approval.
(3)
Hearing. The PAA shall hold a public hearing for which notice has
been given as provided in MGL c. 40A, § 11. The decision
of the PAA shall be made, and a written notice of the decision filed
with the City Clerk, within 120 days of the receipt of the application
by the City Clerk. The required time limits for such action may be
extended by written agreement between the applicant and the PAA, with
a copy of such agreement being filed in the office of the City Clerk.
Failure of the PAA to take action within said 120 days or extended
time, if applicable, shall be deemed to be an approval of the application
and Site Plan.
(4)
Peer review. In addition to the application or filing fee, the applicant
shall be required to pay for reasonable consulting fees to provide
peer review of the Plan Approval application, pursuant to MGL c. 40R,
§ 11. This technical review fee shall be paid at the time
of the application, as provided for and in the amount specified by
the PAA Regulations or fee schedule contained or referenced therein.
Such fee shall be held by the City in a separate account and used
only for expenses associated with the review of the application by
outside consultants, including, but not limited to, attorneys, engineers,
urban designers, housing consultants, planners and others. Any surplus
remaining after the completion of such review, including any interest
accrued, shall be returned to the applicant.
M.
Decision.
(1)
Waivers. Except where expressly prohibited herein, upon the request
of the applicant, the PAA may waive the dimensional and other requirements
of this § 5.22 in the interests of design flexibility and
overall Project quality, and upon a finding of consistency of such
variation with the overall purpose and objectives of the MCSGOD, or
if it finds that such waiver will allow the Project to achieve the
density, affordability, mix of uses and/or physical character allowable
hereunder.
(2)
Plan review. An application for Plan Approval shall be reviewed for
consistency with the purpose and intent of this section, such Site
Plan review to be construed as an As-of-Right review and approval
process as required by and in accordance with the Enabling Laws.
(3)
Plan Approval.
(a)
Plan Approval shall be granted by a simple majority where the
PAA finds that:
[1]
The applicant has submitted the required fees and information
as set forth herein; and
[2]
The Project and Site Plan meet the requirements and standards
set forth this § 5.22, or a waiver has been granted therefrom;
and
[3]
Extraordinary adverse potential impacts of the Project on nearby
properties have been adequately mitigated.
(b)
For a Project subject to the affordability requirements of Subsection D, compliance with condition M(3)(a)[2] above shall include written confirmation by the Monitoring Agent that all requirements of that section have been satisfied. The PAA may attach conditions to the Plan Approval decision that are necessary to ensure substantial compliance with Subsection D, or to mitigate any extraordinary adverse potential impacts of the Project on nearby properties.
(4)
Plan disapproval. A Site Plan may be disapproved only where the PAA
finds that:
(a)
The applicant has not submitted the required fees and information
as set forth herein; or
(b)
The Project and Site Plan do not meet the requirements and standards
set forth this § 5.22, and no waiver has been granted therefrom;
or
(c)
It is not possible to adequately mitigate significant adverse
Project impacts on nearby properties by means of suitable conditions.
(5)
Form of decision. All decisions of the PAA shall be by a majority
vote of the members present and voting. The PAA shall issue to the
applicant a copy of its decision containing the name and address of
the owner, identifying the land affected and the plans that were the
subject of the decision and certifying that a copy of the decision
has been filed with the City Clerk and that all plans referred to
in the decision are on file with the PAA. If 20 days have elapsed
after the decision has been filed in the office of the City Clerk
without an appeal having been filed or if such appeal, having been
filed, is dismissed or denied, the City Clerk shall so certify on
a copy of the decision. A copy of the decision shall be provided to
the Building Commissioner. If a plan is approved by reason of the
failure of the PAA to timely act, the City Clerk shall make such certification
on a copy of the application. A copy of the decision or application
bearing such certification shall be recorded in the Registry of Deeds
for the county and district in which the land is located and indexed
in the grantor index under the name of the owner of record or recorded
with the District Registry of the Land Court and noted on the owner's
certificate of title. The fee for recording or registering shall be
paid by the applicant.
N.
Change in plans after approval by PAA.
(1)
Minor change. After Plan Approval, an applicant may apply to make
minor changes involving minor utility or building orientation adjustments,
or minor adjustments to parking or other site details that do not
affect the overall buildout or building envelope of the site, the
provision of open space, number of housing units or housing need or
affordability features. Such minor changes must be submitted to the
PAA on red-lined prints of the approved plan, reflecting the proposed
change, and on application forms provided by the PAA. The PAA may
authorize such changes at any regularly scheduled meeting, without
the need to hold a public hearing thereon. The PAA shall set forth
any decision to approve or deny such minor change by motion and written
decision, and provide a copy to the applicant for filing with the
City Clerk. A copy of the decision shall be provided to the Building
Commissioner.
(2)
Major change. Those changes deemed by the PAA to constitute major
changes because of the nature of the changes in relation to the prior
approved plan or because such changes cannot be appropriately characterized
as minor changes as described above shall be processed by the PAA
as new applications for Plan Approval pursuant to this section.
O.
Enforcement; appeal. The provisions of the MCSGOD shall be administered
by the Zoning Enforcement Officer, except as otherwise provided herein.
Any appeal arising out of action by the PAA regarding an application
for Plan Approval for a Project shall be governed by the applicable
provisions of MGL c. 40R. Any other request for enforcement or appeal
arising under this section shall be governed by the applicable provisions
of MGL c. 40A.
P.
Severability. If any provision of this § 5.22 is found
to be invalid by a court of competent jurisdiction, the remainder
of § 5.22 shall remain in full force. The invalidity of
any provision of this § 5.22 shall not affect the validity
of the remainder of the Zoning Ordinance.
