For the purposes of this chapter, all principal
buildings may be built on any lot located in a district in which the
building is permitted, provided that the lot complies with the requirements
included in the Table of Lot Area, Yards and Height of Structures,
except where specifically provided otherwise by this chapter, and
further provided that:
A. Lot area requirements.
(1) Lot area.
(a)
Minimum lot area. The lot contains the minimum
area required.
(b)
Minimum area for principal building. The minimum
lot area shall not be counted for more than one principal building,
except in the case of:
[1]
Limited Industrial and Industrial Districts.
[2]
Multifamily dwellings located in any district
where said dwellings are permitted, subject to requirements specified
elsewhere in this chapter for said dwellings.
(c)
Single- or two-family dwellings. In all districts
in which single- or two-family dwellings are allowed, only one principal
building containing said one- or two-family dwelling shall be permitted
on any one lot, no matter what the lot area, unless said lot is located
in a district where more than one of said principal buildings is specifically
permitted by other provisions of this chapter.
(d)
Area within street not included. In determining
lot area, no part thereof within the street lines or within a private
road or right-of-way for travel by motor vehicles to another lot shall
be included. Street lines shall determine lot boundaries.
B. Lot shape. The lot shall be large enough to contain
a rectangle having one side equal in length to the required frontage
and situated parallel to the mean direction of the front lot line
and the other side equal to 3/4 of the required frontage. Where the
front lot line is curved, the mean direction of the front lot line
shall be the line established by connecting the intersection points
of the side property lines with the street line. Said rectangle shall
touch the front lot line, but no part of said rectangle shall intersect
any lot line.
C. No lot on which a building is located in any district
shall be reduced or changed in size or shape so that the building
or lot fails to comply with the lot area, frontage, setback, yard
or height provisions of this chapter applicable to the construction
of the building on the lot. This provision shall not apply, however,
when a portion of a lot is taken or conveyed for a public purpose.
D. On corner lots, the setback provisions governing the
location of the building shall apply in relation to both streets or
ways.
E. Any lot or lots of land described in a deed and officially
recorded with the Registry of Deeds or included in a subdivision approved
in writing in accord with the Subdivision Regulations of the Planning
Board of Marlborough by said Board at the time of the adoption of
this chapter may be used for any permitted use in the district in
which the lot or lots are located, provided that:
(1) In the case of a nonconforming lot, the adjoining
lot is not vacant and not in the same ownership.
(2) Any lot on which more than one house existed at the
time of the adoption of this chapter may be divided and sold to separate
owners and used with a minimum of nonconformance.
F. Any increase in the area, frontage, width, yard or
depth requirements of this chapter shall not apply to a lot to be
used for dwellings with one- and two-dwelling units which, at the
time of recording or endorsement, whichever occurs sooner, was not
held in common ownership with any adjoining land; conformed to then-existing
requirements and had less than the proposed requirement but at least
5,000 square feet of area and 50 feet of frontage. The provisions
of this subsection shall not be construed to prohibit a lot being
built upon if, at the time of the building, building upon such a lot
is not prohibited by this chapter.
G. In the application of the requirements of this chapter, including, without limitation, those set forth in §§
650-42,
650-43,
650-45,
650-47 and
650-48, the same shall not be applied to the individual lots comprising a developing lot or a retail lot but shall be applied as if the development lot or a retail lot were the lot, notwithstanding the fact that the individual lots within the development lot or a retail lot may be in different ownership.
All dwelling units, except those in detached
one-family residence buildings, shall provide a minimum habitable
floor area as follows:
A. Six hundred square feet for a dwelling unit on one
floor.
B. Five hundred square feet for a dwelling unit on the
first floor of a dwelling unit of 1 1/2 floors.
C. Four hundred square feet for a dwelling unit on the
first floor of a dwelling unit on two floors.
D. Trailer coaches and mobile homes situated in a trailer
court or trailer park shall have a minimum of 200 square feet per
dwelling unit.
E. Motels and hotels shall have a minimum of 125 square
feet of floor area per motel or hotel unit.
F. In a residential conference and training center, each
dwelling unit which includes one bedroom and a portion of related
common residential space to be occupied by no more than two persons
shall have a minimum of 200 square feet of floor area.
[Amended 10-6-2014 by Ord. No. 14-1005921A; 12-1-2014 by Ord. No. 14-1005947C]
Except as may be superseded by the provisions of §
650-34 for the Marlborough Village District, the following provisions apply within all zoning districts in the City of Marlborough.
A. In all zoning districts, permanently maintained off-street
parking shall be provided as part of the plan for any new construction
as follows:
(1) Stores and shops for the conducting of retail business
shall provide one parking space, 350 square feet, for each 100 square
feet of public floor space or area.
(2) Theaters, stadiums, auditoriums, halls, undertaking
establishments or other places of public assembly, excluding churches,
shall provide one parking space for each two legal occupants.
(3) Hospital or nursing home: one space for each two beds.
(4) Boardinghouse, lodging house, inn, hotel or motel:
one space for each room.
(5) Offices and banks shall provide one parking space
for each 250 square feet of office space or area.
(6) Industrial and manufacturing establishments shall
provide one parking space for each three workers based on peak employment
and adequate space for loading and unloading all vehicles used incidental
to the operation of the establishment. All new commercial and mixed
use buildings shall construct loading facilities. Renovated structures
shall provide for loading facilities insofar as possible. Provision
for loading facilities shall be shown on site plans.
(7) Multifamily dwellings: one off-street parking space
per dwelling unit, plus one off-street parking space per bedroom;
apartment buildings shall provide two off-street parking spaces for
each dwelling unit over and above access roadways and maneuvering.
(8) Home occupation: one off-street parking space for
each nonresident employee and two additional spaces.
(9) All parking spaces, other than for single-family dwellings,
shall be provided with adequate fencing to prevent the creation of
a nuisance to abutters from headlights of cars entering and leaving
the property.
(10)
Any other nonresident uses not otherwise covered
in this chapter: Minimum requirements as shall be determined by the
Building Commissioner must be adequate to serve the customers, patrons
or visitors and the employees of such use.
(11)
Clubs, restaurants, taverns and other eating
places shall provide one parking space for every three seats, plus
one space for every three employees.
(12)
Residential conference and training center:
two parking spaces for each three bedrooms.
(13)
Shopping mall shall provide a minimum of one
parking space for each 225 square feet of gross leasable area. Retail
stores, shops, restaurants and service establishment uses, excluding
automotive service establishments (such as gasoline filling stations
and places for the repair and service of motor vehicles), on a retail
lot shall provide a minimum of one parking space for each 225 square
feet of gross leasable area.
(14)
A large tract development shall provide one
parking space for each 333 square feet of office space or area. For
purposes of this section, structured off-street accessory parking
areas, areas used for employee amenities (including, but not limited
to, cafeterias, lounges, fitness centers, convenience stores, and
bank teller machines), and rooms for mechanical equipment, including
but not limited to telephone, heating, air-conditioning or other mechanical
equipment, shall not be considered as office space or area.
(15)
Data storage/telecommunications facilities shall provide one
parking space for each 2,500 square feet of building area; provided,
however, that the site plan for a data storage/telecommunications
facility shall provide an area labeled as "Reserve Parking Area" on
the site plan, to be maintained as existing natural vegetation or
as landscaped area, said reserve parking area to be sufficient in
size to accommodate the parking requirements in existence at the time
for an office use at the site.
[Added 3-11-2013 by Ord.
No. 12/13-1005235B]
(16)
Assisted living facility: one space for each two beds. Reserve
parking area equivalent to one space per four employees on the largest
shift at the facility shall be provided on the site plan in case of
need, such provision to be reviewed after one full year of continuous
facility operation.
[Added 11-28-2016 by Ord.
No. 16-1006631D]
(17)
A self-service storage facility shall provide a minimum of one
parking space per employee and one parking space per 1,600 square
feet of the facility.
[Added 11-27-2017 by Ord.
No. 17-1007002C]
B. Application of parking requirements.
(1) Approvals and permits.
(a)
Site plan approval. No driveways, curb cuts
or parking areas (whether such parking areas are required or not)
shall be created, graded or constructed of any material, through expansion
or otherwise, without receiving prior site plan approval.
(b)
Permits. No permit shall be issued for the erection
of a new structure, the enlargement of an existing structure or the
development of a land use, unless the plans show the specific location
and size of the off-street parking required to comply with the regulations
set forth in this Zoning Ordinance and the means of access to such
space from public streets. In the event of the enlargement of an existing
structure, the regulations set forth in the Zoning Ordinance shall
apply only to the area added to the existing structure.
(2) Buildings and land uses in existence on the effective
date of this chapter are not subject to these parking requirements,
but any parking facilities then serving or thereafter established
to serve such buildings or uses may not in the future be reduced below
these requirements.
(3) Common parking areas and mixed uses. Parking required
for two or more buildings or uses may be provided in combined parking
facilities where such facilities will continue to be available for
the several buildings or uses and provided that the total number of
spaces is not less than the sum of the spaces required for each use
individually, except that said number of spaces may be reduced by
up to 1/2 such sum if it can be demonstrated that the hours or days
of peak parking need for the uses are so different that a lower total
will provide adequately for all uses served by the facility. The following
requirements shall be met:
(a)
Evidence of reduced parking needs shall be documented
and based on accepted planning and engineering practice satisfactory
to the City Planner and Engineer.
(b)
If a lower total is approved, no change in any
use shall thereafter be permitted without further evidence that the
parking will remain adequate in the future, and if said evidence is
not satisfactory, then additional parking shall be provided before
a change in use is authorized.
(c)
Evidence of continued availability of common
or shared parking areas shall be provided satisfactory to the City
Solicitor and shall be documented and filed with the site plan.
(d)
The determination of how a combined or multi-use
facility shall be broken down into its constituent components shall
be made by the Planning Department.
(e)
If any reduction in the total number of parking
spaces is allowed as a result of this subsection, then 150 square
feet of open space (per parking space reduced) shall be provided in
addition to that required by lot coverage provisions of this chapter.
(4) Temporary parking reserve. Where it can be demonstrated
that a use or establishment will temporarily need a lesser number
of parking spaces than is required (such as phased occupancy of large
new facilities), the number of such spaces required may be reduced
by not more than 50%, subject to the site plan approval, provided
that the following requirements are met:
(a)
The applicant shall submit documentary evidence
that the use will temporarily justify a lesser number of spaces for
a period of time not less than one year.
(b)
A reserve area shall be provided sufficient
to accommodate the difference between the spaces required and the
lesser number provided.
(c)
Said reserve area shall be maintained exclusively
as landscaped area and shall be clearly indicated as "Reserve Parking
Area" on the site plan.
(d)
The landscaping may either consist of existing
natural vegetation or be developed as a new landscaped area, whichever
is granted site plan approval.
(e)
No structure or mechanical equipment may be
placed in the reserve parking area.
(f)
Said reserve area shall not be counted toward
the minimum open space required by lot coverage provisions of this
chapter.
(g)
When in the opinion of the Building Commissioner
additional parking is required, said reserve area may be required
to be improved as a parking lot.
C. Location and layout of parking facilities.
(1) Required off-street parking facilities shall be provided
on the same lot as the principal use they are required to serve. The
required parking areas may be provided on any lot under the same ownership
and within 400 feet of the building or structure to be served. In
a Limited Industrial District, the parking shall be provided within
500 feet of the building or structure to be served, on the building
lot, on any lot under the same ownership, or on any lot subject to
an easement to the owner of said building to be served which, in the
opinion of the Building Commissioner, causes said parking to be available
for the purposes of this section.
[Amended 3-25-2013 by Ord. No. 13-1005306C]
(2) The requirement that parking areas be provided within 400 feet of the building or structure to be served set forth in Subsection
C(1) above shall not be applicable to parking provided on a large tract development lot. Parking areas provided on a large tract development lot shall be within 600 feet of the nearest building or structure to be served.
(3) Full-size parking dimensions. The minimum dimensions of full-sized parking stalls and aisles shall be as indicated in the Table of Parking Dimensions: Full-Sized Spaces. [See Subsection
C(4) below for compact-sized spaces.] The complete stall dimensions shall be paved and no deduction shall be obtained for bumper overhang.
|
Table of Parking Dimensions: Full-Sized
Spaces
|
---|
|
|
|
|
Width of Maneuvering Aisle*
|
---|
|
Angle of Parking
(degrees)
|
Width of Parking Space
(feet)
|
Depth of Parking Space
(feet)
|
1-way
(feet)
|
2-way
(feet)
|
---|
|
61° to 90°
|
9
|
18
|
24
|
24
|
|
46° to 60°
|
9
|
18
|
18
|
20
|
|
45°
|
9
|
18
|
15
|
20
|
|
Parallel
|
9
|
20
|
12
|
20
|
|
NOTES:
|
|
*
|
Aisle widths may be different than driveway widths. For driveway width requirements, see § 650-49D(1) and E(1).
|
(4) Compact-sized parking spaces.
(a)
Applicability. This subsection shall apply only
to parking lots primarily used by employees or residents occupying
the site in question and shall not apply to parking areas used by
the general public and/or having constant turnover, such as shopping
centers, unless authorized at site plan approval based upon determination
that safety will be adequately protected and that commonly employed
engineering and planning standards have been met in full.
(b)
Percentages. Up to 33% of parking spaces may
be designed for use by cars smaller than full size, hereinafter called
"compact cars."
(c)
Additional open space required. For any reduction
in total parking area obtained as a result of using compact-sized
spaces, an equal or greater area of open space shall be provided in
addition to the minimum open space required by the lot coverage provisions
of the chapter.
(d)
Location. Compact-sized parking spaces, unless
restricted for use by and located adjacent to a dwelling unit, shall
be located in one or more continuous areas and shall not be intermixed
with spaces designed for full-sized cars.
(e)
Identification. Compact-sized parking spaces shall be clearly designed by pavement marking and by direction signs in conformance with the Sign Ordinance, Chapter
526, and labeled as "Compact Cars Only."
(f)
Dimensions. The minimum dimensions of compact-sized parking stalls and aisles shall be as indicated in the Table of Parking Dimensions: Compact-Sized Spaces. [See Subsection
C(3) above for full-sized spaces.] The complete stall dimension shall be paved and no deduction shall be obtained for bumper overhang.
|
Table of Parking Dimensions: Compact-Sized
Spaces
|
---|
|
|
|
|
Width of Maneuvering Aisle*
|
---|
|
Angle of Parking
(degrees)
|
Width of Parking Space
(feet)
|
Depth of Parking Space
(feet)
|
1-Way
(feet)
|
2-Way
(feet)
|
---|
|
61º to 90º
|
8
|
16
|
22
|
22
|
|
46º to 60º
|
8
|
16
|
18
|
18
|
|
45º
|
8
|
16
|
15
|
18
|
|
Parallel
|
8
|
18
|
12
|
18
|
|
NOTES:
|
|
*
|
Aisle widths may be different than driveway widths. For driveway width requirements, see § 650-49D(1) and E(1).
|
(5) Parking setbacks. For purposes of maintaining adequate,
open landscaped space in yards, adequate separation of parking and
driveways from lot boundaries, streets and buildings and adequate
space for snow stockpiling, the following provisions shall apply:
(a)
Parking in front yard.
[1]
One- and two-family dwellings. Off-street parking
shall not be permitted in the area between the front lot line and
the prescribed minimum front yard (building setback line), except
on a driveway not exceeding 24 feet in width located essentially perpendicular
to the front lot line and authorized at site plan approval. This provision
may also apply where three or more dwelling units are provided through
conversion of a one- or two-family dwelling, subject to site plan
approval.
[2]
Multifamily residential uses. Off-street parking
shall not be permitted in the area between the front lot line and
the prescribed minimum front yard (building setback line).
[3]
Nonresidential uses. Where a front yard is required, off-street parking shall be allowed no closer than the minimum distances from the front lot line prescribed in §
650-47E governing the requirement for a street frontage planting area.
[4]
Districts or areas where no front yard is required.
In districts or areas where no front yard is required parking areas
shall be set back at least five feet from the front lot line, and
said setback shall be landscaped.
(b)
Parking in side and rear yard. Parking areas
shall be set back the following minimum distance from any side or
rear lot line:
[1]
One- and two-family dwellings: five feet.
[2]
Multifamily residential uses in all districts: The minimum distance for parking setback from side and rear lot lines shall be the same as the minimum width required for side line planting areas as prescribed in §
650-47F.
[3]
Nonresidential uses in all districts: The minimum distance for parking setback from side and rear lot lines shall be the same as the minimum width required for side line planting areas as prescribed in §
650-47F.
[4]
All lots where common driveways are approved
on the lot line at site plan approval: No minimum width.
(c)
Parking setback from building. No parking space
shall be located within five feet of a building.
(d)
Parking in rights-of-way. No parking space shall
be located on land which is reserved as a vehicular right-of-way,
whether developed or undeveloped or whether public or private.
(7) Parking areas shall not be used for automobile sales,
gasoline sales, dead storage, repair work, dismantling or servicing
of any kind, and lighting that is provided shall be installed in a
manner that will prevent direct light shining onto any street or adjacent
property.
(8) Access to parking spaces.
(a)
Backing into street. In no case shall parking
or loading stalls be so located as to require the backing or maneuvering
of vehicles onto the sidewalk or into a public way upon entering or
leaving the stall, except for single- or two-family houses. An exception
may also apply where three or more dwelling units are provided through
conversion of a one- or two-family dwelling, subject to site plan
approval.
(b)
Access to nonresidential and multifamily residential
parking spaces. All required parking spaces serving nonresidential
or multifamily residential uses shall be so arranged as to permit
vehicle access and egress to any space when all other required spaces
are filled.
D. Construction of parking and loading areas.
(1) Paving type. All parking spaces, loading bays and
maneuvering aisles shall have a durable, dustless, all-weather surface
suitable for year-round use and acceptable to the City Engineer and
the Building Commissioner, such as bituminous concrete or cement concrete.
(2) Parking grades. The maximum grade of any parking or
loading area shall be 5%.
(3) Paving drainage. All paving shall be designed and
constructed in such a manner that the amount of surface water draining
onto any public way or onto any lot in other ownership, other than
through a drainage easement or stream, shall be minimized.
(4) Striping of parking spaces. All parking spaces, except
those for single- and two-family houses, must be clearly striped and
remain striped at the required dimensions and locations as shown in
an approved site plan.
(5) Curbing required. For purposes of protecting landscaped
and pedestrian areas next to parking or driveways from damage by vehicles
and snowplows and to assure proper maintenance and drainage, all parking
lots and loading areas, except those for single- or two-family houses,
shall be provided with durable curbing a minimum of six inches high,
as follows:
(a)
Granite or cement concrete. Said curbing shall
be constructed of cement concrete or better subject to site plan approval
in the following areas:
[1]
In heavily used areas of multifamily residential
and nonresidential parking lots.
[3]
Surrounding all landscape islands or landscape
projections within parking lots.
[4]
Sloped granite may only be used in areas approved
at site plan approval.
(b)
Asphalt. In all other areas, the curbing may
be asphalt if approved at site plan approval.
(6) Driveways. See §
650-49 for the provisions for driveways.