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City of Marlborough, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Marlborough as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Building and site development — See Ch. 270.
Noncriminal disposition — See Ch. Ch. 315, Art. I.
Fire lanes and hydrants — See Ch. 333.
Zoning — See Ch. 650.
Subdivision of land — See Ch. A676.
[Adopted 7-24-2006 by Ord. No. 06-1001088B]
As used in this article, the following terms shall have the meanings indicated:
CERTIFICATE REGARDING LEGAL MULTIFAMILY DWELLING UNITS
A certificate signed and issued by the Building Commissioner or his/her designee, in which the Commissioner or his/her designee certifies, based upon review of records then on file in the office of the Building Commissioner, the following: 1) the use group of the subject property authorized under the version of the State Building Code in effect at the time of the signing and issuance of the certificate; 2) the zoning classification of the subject property authorized under the version of the Marlborough Zoning Ordinance in effect at the time of the signing and issuance of the certificate; and 3) the number of dwelling units (as the term "dwelling units" is referenced in Articles II and V of the Marlborough Zoning Ordinance[1]) at the subject property authorized under the version of the Marlborough Zoning Ordinance in effect at the time of the signing and issuance of the certificate.
PERSON
A natural person, whether said person is acting individually or as a trustee of a trust, and shall also mean a corporation, association, partnership, firm or limited-liability company. The singular use of the term includes the plural where the context so indicates.
QUALIFIED MULTIFAMILY DWELLING
A building or group of buildings located on the subject property and containing not less than three and not more than 20 dwelling units, unless the person owning a multifamily dwelling located on the subject property can document with written records, to the express written satisfaction of the Building Commissioner or his/her designee, that prior to June 2, 1986, (the effective date when creation or conversion beyond a two-family dwelling requires a special permit from the Marlborough City Council) the building or group of buildings located on the subject property was authorized, under the version of the Marlborough Zoning Ordinance in effect at the time of creation or conversion beyond a two-family dwelling, to contain not less than three and not more than 20 dwelling units.
SUBJECT PROPERTY
The lot or lots of land in the City of Marlborough that is or are the subject of a certificate regarding legal multifamily dwelling units.
[1]
Editor's Note: See Ch. 650, Zoning.
No person owning a qualified multifamily dwelling in the City of Marlborough shall, with respect to a subject property on which the qualified multifamily dwelling is located, enter into a purchase-and-sale agreement or sale agreement, seek to transfer the subject property, or list the subject property for sale with a licensed real estate broker, unless and until such person has first obtained from the Building Commissioner or his/her designee a certificate regarding legal multifamily dwelling units, and has subsequently supplied that certificate to the Marlborough Fire Department prior to the Marlborough Fire Department conducting an inspection of the subject property pursuant to MGL c. 148, § 26F.
Every day that a person violates § 420-2 shall constitute a separate offense. Each offense shall be subject to a noncriminal fine of not less than $100 and not more than $300, as enforced by the Building Commissioner or his/her designee.
Any certificate regarding legal multifamily dwelling units, and any decision by the Building Commissioner or his/her designee under this article, may be appealed to the Zoning Board of Appeals pursuant to Massachusetts General Laws Chapter 40A.
The effective date of this chapter shall be October 1, 2006.