The Overlook Ridge overlay district (OROD) is herein established as an overlay district. The purpose of the OROD is to encourage the development of comprehensive, high-quality mixed use projects based on sound planning principles on large, contiguous parcels of land while at the same conserving public health; securing public safety from fire, flood, and other natural catastrophes; providing sufficient light and air; making adequate provision for transportation, water, water supply, drainage, sewerage, parks, open space, and preservation of natural resources; preserving or increasing public amenities; and providing adequate net tax revenue to offset any effects posed by large-scale development.
(C.O. 09-466, § 1, 12/14/2009)
The boundary of the OROD is set forth on the attached Exhibit A. Within the OROD, there shall be three subdistricts (A, B and C), the boundaries of which are set forth in Exhibit A.[1]
(C.O. 09-466, § 1, 12/14/2009)
[1]
Editor's note: Exhibit A is available at the office of the city clerk.
Any person or entity who proposes to develop land within the OROD may elect to comply with the provisions of this section in place of the provisions governing the underlying zoning district. However, once such an election has been made and any portion of the land within the OROD has been developed in accordance with the provisions of this section, the provisions of the underlying zoning district shall cease to have any application to the undeveloped land remaining in the OROD and such land may only be developed in accordance with the provisions of this section.
(C.O. 09-466, § 1, 12/14/2009)
Any person or entity who proposes a development within the OROD shall not use, construct, erect, place, alter, or convert, in whole or in part, any building, structure, or land for any use listed below.
A. 
Adult bookstore.
B. 
Adult club.
C. 
Adult motion picture theater.
D. 
Automotive maintenance.
E. 
Batching plant.
F. 
Big box retail.[1]
[1]
Note: "Big Box Retail" as used in this Chapter 17.23 shall mean a stand alone building for retail use containing a single tenant or occupant using more than 30,000 square feet.
G. 
Body art establishment.
H. 
Commercial garage.
I. 
Fast food or drive-thru restaurants (however, coffee shops are allowed).
J. 
Funeral home.
K. 
Manufactured home.
L. 
Manufacturing and repair.
M. 
Marina.
N. 
Motor vehicle repair shop.
O. 
Self storage facilities.
P. 
Sale of automotive parts.
Q. 
Warehouse.
R. 
Wholesale and distribution.
(C.O. 09-466, § 1, 12/14/2009)
Any person or entity who proposes a development within the OROD shall not use, construct, erect, place, alter, or convert, in whole or in part, any building, structure, or land for any purpose or in any manner other than for one or more of the uses listed below, which, except where a special permit from the city council is required, are to be permitted by right in place of any limitations in the underlying zoning district. Any use not specifically listed below as an allowed use, either as of right or by special permit, shall be prohibited. All development within the OROD shall be in compliance with the land reclamation agreement, defined below, as then in effect:
A. 
Subdistrict A (OROD A).
1. 
Passive recreational uses.
2. 
Utilities.
3. 
Renewable energy facilities, including without limitation, wind energy conversion systems, machinery and equipment, provided such systems shall not cause interference with radio and/or television broadcasting or reception and shall comply with the provisions of 47 CFR Part 15, and further provided that the base of such facility shall be located at least one hundred fifty feet from any residential structure and shall be allowed only by special permit issued by the Revere City Council.
B. 
Subdistrict B (OROD B).
1. 
Dwelling, condominium/apartment (up to eight stories). Over eight stories, but not to exceed ten stories, is allowed by special permit from the city council.
2. 
Hotels (up to twelve stories).
3. 
General office (up to twelve stories).
4. 
Medical and dental office (up to twelve stories).
5. 
Professional office (up to twelve stories).
6. 
Bank and financial institution (up to twelve stories).
7. 
Restaurant (provided that the gross floor area for a stand-alone building for restaurant uses may not exceed ten thousand square feet).
8. 
General retail sales and service (up to thirty feet in height and two stories). Also allowed in a residential building on the first or second floors, provided that no individual tenant or occupant may exceed five thousand square feet.
9. 
Neighborhood retail sales (up to thirty feet in height and two stories). Also allowed in a residential building on the first or second floors, provided that no individual tenant or occupant may exceed five thousand square feet.
10. 
Ongoing excavation and gravel operations, subject to that certain land reclamation agreement, dated April 10, 2001, as extended, between Overlook Ridge, LLC, the City of Malden and the city of Revere (the "Land Reclamation Agreement").
11. 
All accessory uses customary and incidental to any of the above principal uses, including, without limitation, a coffee shop.
C. 
Subdistrict C (OROD C).
1. 
Hotels (up to eight stories).
2. 
Restaurants, accessory to hotel (limited to the first floor and not to exceed five thousand square feet).
3. 
General retail sales and service, accessory to hotel (limited to the first floor and not to exceed five thousand square feet).
4. 
Neighborhood retail sales, accessory to hotel (limited to the first floor and not to exceed five thousand square feet).
5. 
Municipal fire facility and uses incidental thereto.
(C.O. 09-466, § 1, 12/14/2009)
Where a person or entity has elected to comply with the provisions of this section, the dimensional regulations set forth below apply to any project within the OROD in place of the dimensional regulations applicable in the underlying district as set forth in Chapter 17.24 of this title. For purposes of determining whether the proposal satisfies these requirements, the entire area of the OROD shall be considered one lot, irrespective of the individual lots or parcels comprising that area. Where a proposed building is located partially within the city of Revere and partially within the city of Malden, the following dimensional requirements shall only apply to that portion of a proposed building located in the city of Revere. No portion of land within another municipality may be used to satisfy dimensional requirements applicable in Revere. Contiguous land located outside of the OROD, but owned or controlled by an entity (or related entity) owning land within the OROD, may be used to satisfy the dimensional requirements of Section 17.23.050.
A. 
Minimum Distance Between Buildings: Thirty feet, twenty feet of which may not be encumbered by a structure.
B. 
Maximum Height: Twelve feet per story, except eighteen feet for any story used for retail or restaurants. Parapets less than five feet high, chimneys, flag poles, ventilators, water tanks, antennas, penthouses, solar panels, wind generators and associated towers, and other projections used for or intended to be used exclusively for utility services or access to the roof may exceed the height limitations of this chapter by not more than twenty feet. For purposes of calculating the maximum height of buildings in the OROD, height shall be measured by reference to the National Geodetic Vertical Datum of 1929 (NGVD 29). The maximum height shall be as follows:
8-story residential building
Elevation 190 (NGVD 29)
10-story residential building
Elevation 210 (NGVD 29)
Non-residential building (Subdistrict C)
Elevation 190 (NGVD 29)
Non-residential building (Subdistrict B)
Elevation 235 (NGVD 29)
C. 
Maximum Number of Stories: Eight stories for residential use, up to ten stories with a special permit. Twelve stories for hotel and office uses, except eight stories in subdistrict C. Parking garages located under a building shall be excluded from the calculation of stories.
D. 
Minimum Building Setback from Property Boundary Lines: Thirty feet.
E. 
Minimum Building Setback from Streets or Ways, Public or Private: Twenty feet.
F. 
Breedens Lane Buffer: Notwithstanding anything in this chapter to the contrary, except for installation of additional landscaping, an undisturbed buffer area at least one hundred feet in width shall be maintained along that portion of Breedens Lane that abuts land in the OROD. There shall be no access or egress from Breedens Lane to any portion of the OROD.
G. 
Minimum Usable Open Space: The minimum open space within the OROD shall be two hundred square feet per dwelling unit. In addition, the total amount of open space within the OROD must be ten percent of the land area of the OROD. Usable Open Space shall consist of areas for active or passive recreational use. Open spaces may be provided on the roof or within a building and may include, but not be limited to, sauna and whirlpool baths; physical exercise rooms; handball, paddleball, and/or squash courts; tennis courts; basketball courts; swimming pools; lawns or greens; walks; benches; and other active or passive recreational facilities. A maximum of twenty-five percent of the Useable Open Space may be provided through indoor facilities. For purposes of calculating Usable Open Space, all of the land within the OROD shall be considered one lot. Compliance with the foregoing shall be subject to review and approval under Section 17.23.060.
H. 
Maximum Lot Coverage, Principal and Accessory Buildings (Percentage of the Property): Fifty percent for principal buildings and twenty percent for accessory buildings, not including parking areas or structures.
I. 
Frontage: The minimum lot frontage requirement within the OROD shall be seventy feet along a street line. Streets shall include public or private ways approved and endorsed by the Revere Planning Board or private internal access drives. Where frontage is provided by an internal access drive such access drive shall contain a paved width from curb to curb of at least twenty-four feet and otherwise satisfy the site plan review criteria set forth in Chapter 17.17 of this title. Where parking is allowed on the access drive, the paved width shall be increased nine feet for each side of the access drive used for parallel parking and eighteen feet for each side of the access drive used for head-in parking. Notwithstanding the foregoing, the main access boulevard that provides access from Salem Street to Route One shall require approval by the planning board under the Subdivision Control Law.
J. 
Density: Except by special permit from the city council, the floor area ratio, as defined in Section 17.08.300 of this title, shall not exceed 3.0. For purposes of calculating the floor area ratio, all of the land within the OROD shall be considered one lot. Parking structures shall be excluded from the calculation of floor area ratio.
K. 
Retail Use Limitation: Notwithstanding anything in this chapter to the contrary, (i) the total amount of retail space housed in the first or second floor of all residential buildings may not exceed forty thousand gross square feet in the aggregate; (ii) the total amount of retail space in stand-alone retail buildings within the OROD may not exceed ninety thousand gross square feet in the aggregate; and (iii) no stand-alone building for retail use shall have a building footprint in excess of thirty thousand gross square feet. In addition, no individual tenant or occupant of a stand-alone building used for retail uses shall occupy more than fifteen thousand gross square feet, except that a supermarket may have up to thirty thousand gross square feet. Notwithstanding the foregoing, the maximum amount of area devoted to retail uses set forth herein shall be reduced proportionately (on a one-to-one basis) upon the issuance of a building permit by the city of Malden that authorizes retail uses on land within the city of Malden that is (a) contiguous to land within the OROD, (b) located in a similar overlay district, and (c) subject to the Land Reclamation Agreement. By way of example, if a building permit is issued for twenty thousand gross square feet of stand alone retail use on such contiguous land within the city of Malden, then only seventy thousand gross square feet of stand alone retail use will thereafter be allowed within the OROD in Revere.
(C.O. 09-466, § 1, 12/14/2009)
Any proposed project within the OROD must undergo site plan review by the site plan review committee ("SPRC") in accordance with the provisions set forth in Chapter 17.17 of this title. If in the judgment of the SPRC, the imposition of reasonable conditions would not ensure that the proposed development would conform to the standards and criteria set forth herein and in Chapter 17.17 of this title, the SPRC may deny site plan approval entirely. In addition to the site plan review criteria set forth in Chapter 17.17, any proposed project within the OROD shall be subject to the following additional review criteria:
A. 
Building design to ensure that the proposed project is architecturally compatible with neighboring structures within the OROD, including building massing, proportions, setbacks, materials, fenestration, ground level treatment and other related architectural characteristics.
B. 
Within surface parking areas serving retail and restaurant uses there shall be a minimum of one tree per every twenty cars, located within a landscaped island within the parking lot. Within such parking lots there shall be no uninterrupted run of parking spaces for over twenty cars without a break for landscaping. Additional landscaping shall be provided along the edge of all parking areas.
C. 
Trees shall be installed in sidewalks running in front of retail stores spaced at thirty feet on center.
D. 
Roadway widths and turning radii shall meet the requirements of service and fire protection vehicles. Service areas shall be screened from pedestrian view by either architectural or landscape screening elements. All trash areas shall be screened with architectural enclosures.
E. 
Consistency with the master plan for the OROD, dated September 21, 2009 as may be amended and with the terms and conditions of the adopted and then enforced land reclamation agreement.
(C.O. 09-466, § 1, 12/14/2009)
In place of the parking requirements set forth elsewhere in this ordinance, any project within the OROD may comply with the following requirements. Where a proposed building is located partially within the city of Revere and partially within the city of Malden, the following dimensional parking requirements shall only apply to that portion of a proposed building located in the city of Revere. No portion of land within another municipality may be used to satisfy dimensional requirements applicable in Revere.
A. 
A project shall provide two parking spaces per unit for each building proposed for residential use. Parking for a residential use shall be provided within eight hundred feet of the building to be put to this residential use.
B. 
A project shall provide one parking space per room for any hotel use.
C. 
A project shall provide four and one-half parking spaces per thousand square feet of retail sales or retail service use.
D. 
A project shall provide one parking space per four seats for restaurant uses.
E. 
For all other uses, the parking and loading requirements shall be as set forth in the Table of Off-Street Parking and Loading Regulations set forth in Chapter 17.28 of this title.
F. 
The loading requirements for any project within the OROD may be reduced pursuant to site plan review upon a finding by the SPRC that the required number of loading spaces exceeds the likely need for loading spaces with respect to a specific use.
G. 
Off-street parking and loading facilities shall comply with the dimensions for parking spaces and loading spaces and the minimum widths for parking aisles and access and egress driveways required pursuant to Chapter 17.28 of this title, unless deviations from these requirements are requested, substantiated, and approved through the site plan review process. In addition, off-street parking and loading facilities shall provide adequate lighting and screening as required by the SPRC pursuant to site plan review.
(C.O. 09-466, § 1, 12/14/2009)
A. 
Notwithstanding any other provision of this chapter, within the OROD, multiple buildings on a single lot are allowed, provided that the building separation requirement set forth in Section 17.23.050 of this chapter is met.
B. 
Notwithstanding any other provision of this chapter, within the OROD, retaining walls shall be allowed subject to site plan review by the SPRC.
C. 
Within the OROD, signs shall be regulated as set forth in Chapter 17.36 of this title.
D. 
Notwithstanding any other provision of this chapter, after the issuance of site plan review letter and any building permits based thereon, the owner of the property on which the development is proposed may divide or subdivide the property and convey the property or portions thereof to related or unrelated entities, as necessary to complete the development plans, and this subdivision or conveyance shall be deemed to be in compliance with this section and shall not render the resulting properties in violation of this ordinance. For instance, it is the intent of this provision that the proponent shall be able to record a master deed and unit deeds for condominiums created within the contiguous development and to convey ownership of the common areas to an association of unit owners and ownership of units to individuals.
E. 
The provisions of Chapter 17.47 of this title (Community Improvement Trust Fund) shall apply to any special permit issued by the city council allowing an increase in intensity of a residential use.
F. 
Notwithstanding any other provision of this chapter, a certificate of occupancy for any building in the OROD may not be issued until the developer has designated a location for a "town common" containing a minimum of fifty thousand square feet (which may include land located in Malden and/or Revere) and has commenced construction of such town common. The town common shall be completed within two months (weather permitting) following issuance of such certificate of occupancy. Plans for the town common shall be submitted to the SPRC together with the application for site plan approval of the first residential building within the OROD. Land within the town common shall not be counted toward the minimum usable open space requirement of two hundred s.f. per dwelling unit, but shall be counted toward the minimum open space requirement of ten percent of the land area within the OROD.
G. 
The provisions of Title 17, Chapter 17.23 of the Revised Ordinances of the city of Revere, the Overlook Ridge Overlay District (OROD), the boundaries of which are set forth in Exhibit A attached and illustrated as OROD "C" shall take effect for OROD "C" upon the final passage of this Revised Ordinance.
H. 
The provisions of Title 17, Chapter 17.23 of the Revised Ordinances of the city of Revere, the Overlook Ridge Overlay District (OROD), the boundaries of which are set forth in Exhibit A attached and illustrated as OROD "A" and "B" shall not take effect for OROD "A" and "B" until a building permit is issued by the city of Revere Building Inspector for the hotel proposed to be constructed on OROD "C".
(C.O. 09-466, § 1, 12/14/2009)