A.
No building or other structure nor any land shall
be used, nor shall any building or structure be erected, except in
conformity with the provisions of this chapter and any amendments
thereof which apply to the district in which the building, structure
or premises shall be located.
B.
No three-family dwelling, multifamily dwelling, two-family
dwelling having two or more lodgers in addition to the family units
contained therein, nor boardinghouse having facilities for four or
more lodgers located in a district in which the building is otherwise
permitted or exceeding 2 1/2 stories in height shall be erected
or created through conversion or otherwise unless a special permit
is granted in each case by the City Council after a public hearing,
except as may otherwise be specifically provided in this chapter.
C.
A minimum accessway of at least 30 feet in width is
required for any and all multifamily dwellings.
D.
Within any district, no building, structure or lot
shall be used or arranged or designed to be used in any part for any
trade, business, industry or purpose of any kind that is noxious or
offensive by reason of the emission of odor, dust, refuse matter,
vapor, smoke, gas, noise, vibration, wastes or combination of wastes,
which because of its quantity, concentration or physical, chemical
or infectious characteristics may cause or significantly contribute
to an increase in mortality or an increase in serious irreversible
or incapacitating reversible illness or pose a substantial present
or potential hazard to human health, safety or welfare or to the environment
when improperly treated, stored, transported, used or disposed of
or otherwise managed.
E.
No uninhabitable structure which exceeds 30 feet above
the ground shall be located in any district, unless otherwise provided.
F.
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:
(1)
The lot has frontage abutting a public or private
way or on a way shown on a plan previously approved under the Subdivision
Control Law or on a way which existed when the Subdivision Control
Law became effective and which, in the opinion of the Planning Board,
has sufficient width, suitable grades and adequate construction to
provide for vehicular traffic and for the installation of municipal
services.
(3)
No building in any district need be located or placed
further from the exterior line of any street or public way than the
average distance from such street or way line of the dwellings or
other principal buildings located on the lots adjacent thereto on
either side. In determining such average, a vacant side lot having
a frontage of 50 feet or more shall be considered as though occupied
by a building having the required setback, and a lot separated from
the lot in question only by a vacant lot having a frontage of less
than 50 feet shall be deemed an adjacent lot.
(4)
The front, side and rear yard provisions hereof may
be varied by the Board of Appeals in the specific case of an irregular,
narrow or shallow lot or a lot unusual either in shape or topography,
provided that in the opinion of the Board it is impossible or extremely
difficult to adhere to such provisions.
(5)
Roofs, porches and other projections.
[Amended 11-22-2022 by Order No. 22-1008679B]
(a)
Nothing herein shall prevent the projection of cornices or eaves
not exceeding 18 inches in width or of uncovered steps, unroofed porches
or window sills into a required yard or other open space.
(b)
For single-family and two-family dwellings in all zoning districts:
An attached roof covering an entryway or porch may project into the
required yard setback, subject to compliance with all of the following
requirements:
[1]
Attached roof is permitted to project up to 60 inches into the required
yard setback;
[2]
Attached roof shall not exceed 40 square feet;
[3]
Attached roof shall not exceed allowable height per § 650-41, Table of Lot Area, Yards and Height of Structures;
[4]
Entryway or porch may not be enclosed nor living space or balconies
erected above, excepting required elements such as railings;
[5]
Space beneath the porch may not be occupied; and
[6]
Minimum setback from any street or way for an attached roof authorized
under this subsection shall be five feet.
(6)
In all districts except within the flight path of
commercial or governmental airports, farm buildings, churches, municipal
or institutional buildings and spires, domes, steeples, radio towers,
chimneys, broadcasting and television antennas, bulkheads, cooling
towers, ventilators and other appurtenances usually carried above
the roof may have any height.
(7)
Every building shall have frontage on a way, public or private, or a clear unobstructed passageway at least 20 feet wide for its entire length over the lot on which it is located to said way. If a building is located in the rear of another building located on the same lot, the open space between such buildings shall be at least 50% greater than the rear yard requirement for the district. The rear building shall be subject to side and rear yard requirements of the district in which it is located. For purposes of this Subsection F(7), separate buildings within a shopping mall or retail lot shall be treated as a single building.
(8)
In all districts in which multifamily dwellings are
allowed, there shall be provided with each apartment building a landscaped
area equal to the greatest single floor area of the building.
(9)
Land used for outdoor storage for commercial purposes
shall be screened from streets abutting the property and for adjacent
properties by a solid fence of sufficient height to obscure materials
stored therein. Affected parties shall be given six months from date
of adoption of this chapter to comply.
(10)
Bridges, walkways or passageways, enclosed or
otherwise, connecting buildings located on a large tract development
lot shall not negate the existence of each such building as a separate
building, and each building so connected shall be deemed to be a separate
building for all purposes of this Zoning Ordinance.
(11)
Bridges, walkways or passageways, no longer than 200 feet in
length, enclosed or otherwise, connecting buildings located on different
lots in a Limited Industrial District shall not thereby violate any
lot setback provision of any building or buildings connected by said
structures.
[Added 3-25-2013 by Ord.
No. 13-1005306C]
(The Table of Lot Area, Yards and Height of Structures is included at the end of this chapter.)
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:
(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:
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.
A.
Structures in all zones together with all parking
and driveways shall conform to the maximum lot coverage provision
indicated in the Table of Lot Area, Yards and Height of Structures.[1] Within a Limited Industrial District, maximum lot coverage for development of a shopping mall on a development lot may be increased to 85% when approved by the City Council, as provided in § 650-59, in writing, provided the City Council finds that, in connection with such development, infrastructure improvements are to be made by the applicant that will benefit not only the development but other property within the City.
[1]
Editor's Note: The Table is included at the end of this chapter.
B.
Maximum lot coverage for development of retail stores, shops, restaurants or 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 may be increased to 85% when approved by the City Council, as provided in § 650-59, in writing, provided the City Council finds that, in connection with such development, infrastructure and/or open space improvements are to be made by the applicant that will benefit not only the development but other property within the City.
A.
Underground utility lines. All electric, telephone,
cable television and other utility lines shall be installed underground,
subject to the approval of the City Engineer. This requirement shall
apply to all new structures and all additions and major renovations
to existing structures requiring site plan approval.
B.
Refuse areas required. In all districts all structures
except one- and two-family dwellings shall be provided with an area
or areas suitable for storage of refuse and like matter, in compliance
with regulations of the Board of Health, screened as required in this
chapter, located away from living quarters and within the setback
requirements for accessory buildings. Said refuse or like matter shall
be removed and disposed of periodically and as required to prevent
accumulations and to further ensure the health and safety of the tenants
of such building or buildings or of abutters and to protect the property
values of abutting property. Nothing herein shall prevent owners of
abutting properties from jointly setting aside and managing an area
for storage of refuse and like matter.
[Amended 12-1-2014 by Ord. No. 14-1005947C]
C.
Identification of buildings. All buildings shall be
identified as follows: There shall be attached the number of each
building, issued by the City Engineer at the time of site plan approval,
in letters or numbers a minimum of four inches high, in at least one
location clearly visible from the street and in any event at the front
entrance of all buildings and the rear entrance of multifamily and
nonresidential buildings.[1]
A.
The yard provisions for principal structures shall
apply to accessory structures, both detached or attached to the principal
structure, when used for human occupancy.
B.
A detached accessory structure of one story shall
not be closer to the principal structure than 10 feet. A detached
accessory structure of two stories or more shall not be closer to
the principal structure than 15 feet.
C.
No accessory structure or structures shall occupy
more than 25% of the required rear or side yard areas.
D.
No accessory building shall be nearer than five feet
to any side or rear lot line.
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.
A.
Objectives. The provisions of this section are intended
to achieve the following purposes:
(1)
To provide a suitable boundary or buffer between zoning
districts.
(2)
To separate different and otherwise incompatible adjacent
land uses from each other in order to partially or completely reduce
potential nuisances, such as dirt, dust, litter, noise, glare from
motor vehicle headlights, the intrusion from artificial light, including
the ambient glow therefrom, signs or the view of unsightly buildings
and parking lots.
(3)
To provide visual relief to parking lots and protection
from wind in open areas.
(4)
To preserve or improve the visual and environmental
character of a neighborhood and of Marlborough generally.
(5)
To offer property owners protection against possible
diminution of property values due to adjacent commercial construction
or a change in existing ostensibly incompatible land uses.
(6)
To assure public safety requirements for sight distance
visibility.
B.
Applicability. Landscaping, planting areas and screening
shall be provided in accordance with all provisions of this section
as specified below:
(1)
When the building or site undergoes a change of use
or is enlarged by more than 10% of the floor or ground areas of use
or when any new principal building is built on the site or when any
new building, addition, alteration or change of use requires a parking
increase of five or more spaces.
(2)
Compliance with all provisions of this section to
the maximum extent practicable, as determined at site plan approval,
shall be a requirement for approval of any site plan or off-street
parking plan or issuance of any building permit, occupancy permit
or special permit.
(3)
An application for a special permit for a use, structure
or activity that does not comply with the provisions of this section
shall not be granted until compliance to the maximum extent practicable
is demonstrated.
C.
Landscaping plan required.
(1)
A landscaping plan demonstrating compliance with the
standards contained in this section for landscaping, planting areas
and screening shall accompany each application for site plan approval
and building permit. The plan shall be drawn to scale and may be part
of a site plan application. A landscaping plan shall not be required
for a single- or two-family dwelling.
(2)
The landscaping plan for any lot used or zoned for
multifamily or nonresidential use shall be certified by a landscape
architect registered in the Commonwealth of Massachusetts.
(3)
The landscaping plan shall show, apart from information
normally required on a site plan:
(a)
A layout plan showing existing and proposed
grades, the proposed landscaped area and planting areas, the existing
plant materials to be retained, the proposed plant materials to be
provided and the location, size and type of such plant materials and
of any nonplant materials to be retained or provided.
(b)
A plant schedule giving botanical and common
names of plants to be used, size at time of planting and quantity
of each.
(c)
The methods for protecting plant materials during
and after construction.
D.
Planting area requirements. The following requirements
shall apply to all planting areas required by this section, except
as provided hereinafter:
(1)
Planting areas and lot coverage. Planting areas on a lot shall be considered a part of the total landscaped area on a lot required by the maximum lot coverage provisions of § 650-43. Any landscaped area required by the lot coverage provisions and located outside of a planting area required by this section shall meet the requirements of Subsection D(3), Ground surface materials, but need not meet the requirements of Subsection D(4) or (5) for planting type and size and planting quantity and spacing.
(2)
Location. The planting area required by this section
shall be located entirely within the lot. Additional planting area
may be provided outside the lot but shall not be credited to the area
required within the lot.
(3)
Ground surface materials.
(a)
Paving. The planting area shall not be paved
over with asphalt, concrete or similar material, or covered with gravel,
except for access drives and walks located essentially perpendicular
to the area. No structure, parking area or paved play area may be
located in a required landscape area.
(b)
Plant materials. The planting area shall have a ground surface cover of live plant material, such as lawn grass or live ground cover, over at least four inches of topsoil, except that bark mulch may be used in place of live ground cover, and except for nonplant materials solely as provided for hereinafter under Subsection D(3)(d).
(c)
Substitution with artificial plants. The substitution
of artificial shrubs, grass or other plants shall not be permitted.
(d)
Nonplant materials. Nonplant ground surface material, such as brick, decorative stones or other similar material (but not gravel, concrete or asphalt paving), may be used in place of live plant material or bark mulch, provided that the nonplant material covers no more than 30% of any planting area required by this section and has shrubs and trees distributed over its surface as required below under Subsection D(5).
(4)
Planting type and size. Required plantings shall include both trees and a mix of deciduous and evergreen shrubs to maintain effectiveness throughout the winter and preferably will include vegetation existing on the site. To be credited towards meeting these requirements, trees must be at least two inches caliper four feet above grade at the time of planting, be of a species common in the area and which reach an ultimate height of at least 20 feet when mature. Shrubs must be at least 12 inches in height at the time of building occupancy and be of a species common in the area. Live ground cover, lawn grass or hedgerows may be substituted for shrubs as provided under Subsection D(5) below.
(5)
Planting quantity and spacing.
(a)
Plantings shall consist of at least one shrub
per five linear feet or 35 square feet of ground area, whichever results
in a greater number of shrubs, and at least one tree per 40 linear
feet of planting area length, except one tree per 30 linear feet of
street frontage planting area abutting Routes 20 and 85.
(b)
Planting layout. Plantings may be grouped, not
evenly spaced, but groups of shrubs shall be spaced no further apart
than 10 linear feet and groups of trees no further apart than 50 feet.
(c)
Substitution of shrubs with lawn grass or ground
cover. Shrubs required by this section may be substituted with live
ground cover or lawn grass, but not bark mulch or nonplant ground
surface material, under the following conditions. To be credited for
substitution:
[1]
The substitution may occur in the street frontage
planting area but not in the side line or district boundary planting
areas.
[2]
The substitution must be in a contiguous area
of not less than 100 square feet.
[3]
No more than 50% of the total number of shrubs
otherwise required in the entire frontage landscaped strip may be
substituted in the above manner.
[4]
No substitution may be made for tree plantings
required by this section.
[5]
The lawn grass or live ground cover must be
properly maintained in presentable appearance. Additional areas of
live ground cover or lawn grass may be provided in planting areas
but cannot be used in substitution of the required number of shrubs
or trees.
(d)
Substitution of shrubs with hedgerow. Shrubs
required by this section may be substituted in full by a continuous
hedgerow not less than two feet high when planted and attaining a
height of at least three feet within three years. Such substitution
may be made in any planting area, provided that live ground cover
or lawn grass is planted in the remainder of the planting area along
with the hedgerow. Trees may not be substituted with hedgerows.
(6)
Existing vegetation. Wherever possible, the above
requirements shall be met by retention of existing plants, including
as follows: If located within the street frontage planting area required
by this section, no existing tree of six inches in caliper or greater
(measured four feet above grade), dense hedgerow of four or more feet
in both depth and height, or existing earth berm providing similar
visual screening shall be removed or have grade changed more than
one foot unless required by plant health or access safety.
(7)
Curb protection of landscaping from vehicles. Except for single- and two-family dwellings, wherever landscaping areas are adjacent to parking areas or driveways, the landscaped areas shall be suitably protected by raised curbing to avoid damage to the plant materials by vehicles and by snowplows and to define the edge of the landscaped area. The edge of the landscaped area shall also be defined by tall stakes during winter season. Curb specifications for parking areas and driveways are included in § 650-49.
(8)
Walls or fences. Walls or fences may not be substituted
for plant materials to reduce the required planting area. A wall or
fence may be added where a mass of plant materials would not provide
an adequate screen, in which case planting shall be provided along
the side of the wall or fence.
E.
Street frontage planting area.
(1)
Location and width.
(a)
A continuous landscaped strip shall be provided adjacent to the right-of-way line of any street (existing, proposed, paper, public or private) or highway, except for driveways or walkways located essentially perpendicular to the street frontage. This landscaped strip shall have a minimum width as prescribed below, provided that said minimum width shall be increased if required by provisions of Subsection E(1)(b) following, and also provided that, if the front yard (building setback) as built, not as required, is less than the width of the landscaped strip, then the landscaped strip may be reduced to not less than the depth of the front yard. Said minimum width shall be as follows.
[1]
One- and two-family dwellings: the minimum width
of the required front yard.
[2]
Multifamily dwellings (except multifamily dwellings and mixed
use structures in the Marlborough Village District): the minimum width
of the required front yard.
[Amended 12-1-2014 by Ord. No. 14-1005947C]
[3]
Nonresidential uses and districts:
[Amended 12-1-2014 by Ord. No. 14-1005947C]
(b)
In nonresidential districts (except in the Marlborough
Village District) or where nonresidential uses or multifamily housing
exists in a residential district, the street frontage landscaped strip
shall have a greater width than the requirements of the above subsection
by providing, where applicable, an additional one foot of width for
each 20 feet or fraction thereof of street frontage over 100 feet
in length. The maximum required width for said street frontage landscaped
strip shall be 25 feet.
[Amended 12-1-2014 by Ord. No. 14-1005947C]
(2)
(Reserved)
(3)
Planting in right-of-way. The landscaped strip adjacent
to the right-of-way required by this section must be located within
the affected parcel, and state or City property within the right-of-way
may not be used to meet the requirements of this section. However,
wherever possible, the extension of grass or ground cover into said
right-of-way is encouraged but must be approved on the landscaping
plan and maintained by the owner of the affected parcel.
(4)
Planting requirements.
(a)
For other than residential uses in all districts, the street frontage planting area shall be planted with trees and shrubs according to Subsection D, Planting area requirements, entirely within the frontage planting strip next to the right-of-way.
(b)
For residential uses in all districts, the required
plantings shall consist of one shrub per five linear feet and one
tree per 30 linear feet of frontage. Said plantings shall be located
anywhere within the front yard.
(c)
For one- and two-family dwellings, the plantings may be installed within one year of the issuance of the certificate of occupancy, provided that the dwelling is not built for profit or for the use and occupancy of the builder or developer. (See Subsection M, Inspection, date of completion and enforcement.)
F.
Side line planting area. Side line planting areas
are required with the following minimum widths except for where structures
are built according to zero-foot side yard setbacks as allowed in
the Marlborough Village District.
[Amended 12-1-2014 by Ord. No. 14-1005947C]
(1)
One- and two-family dwellings: No side line planting
is required.
(2)
Nonresidential and multifamily residential uses on
lots with under 40,000 square feet of lot area: five feet.
(3)
Nonresidential and multifamily residential uses on
lots with over 40,000 square feet of lot area: seven feet.
(4)
All lots where common driveways on the lot line are
approved at site plan approval: No side line planting is required.
(5)
In a Limited Industrial District, the side yard landscaping requirement
shall not apply to side yard or rear yard lines that bisect parking
lots, if both lots are in common ownership or if there are parking
easements that, in the opinion of the Building Commissioner, adequately
allow for parking in one lot by persons using the other lot.
[Added 3-25-2013 by Ord.
No. 13-1005306C]
G.
District boundary planting area. A district boundary
planting is intended as a buffer or transition between different uses
and shall be provided as follows:
(1)
Location. District boundary planting is required in
the following locations:
(a)
Nonresidential parcels. On any nonresidential
zoned or used premises along the full length of any boundary, which:
[1]
Abuts a residential district;
[2]
Is located across a street from a residential
district; or
[3]
Extends into a residential district and said
premises are being developed for a use not allowed in that residential
district, unless abutting property is unbuildable because of wetlands
as determined by the Conservation Commission.
(b)
Residential parcels. On any residentially zoned
parcel to be used for residential purposes, along the full length
of any boundary which abuts nonresidential zoned or used premises
which are already developed in whole or part and do not contain said
boundary planting.
(2)
Width. The width of the district boundary planting
area, located adjacent to the boundary, shall be sufficient to act
as a buffer or transition between uses. Said width shall be determined
at site plan approval but shall not be less than the widths prescribed
in the table below:
|
Minimum Width of District Boundary Planting
Area
| ||
|---|---|---|
|
Lot Area
(square feet)
|
Width Planting Area
(feet)
| |
|
Under 40,000
|
5
| |
|
40,000 to 80,000
|
7
| |
|
80,001 to 120,000
|
10
| |
|
Over 120,000
|
15*
| |
|
NOTE:
| ||
|
*
|
For lots over 120,000 square feet in area, the
minimum width shall be as provided in the table above plus an additional
one foot of width for each 10 feet or fraction thereof of district
boundary over 100 feet in length. The maximum required width for said
district boundary planting area shall be 25 feet unless it is determined
by the Planning Director at site plan approval that a greater width
is required.
| |
(3)
Planting. Said planting area shall be densely planted
with shrubs and trees at least four feet high when planted and of
a type expected to form a year-round dense screen or wall at least
six feet high within three years or by an opaque fence or wall at
least six feet high supplemented by landscaping on the residential
side of the fence.
(4)
Topographic features. If the abutting parcel is presently
visually separated by topographic features, the planting area shall
be provided with the required width, but the plantings need not be
installed until and unless said topographic features are removed.
H.
Parking lot planting area.
(1)
Perimeter of parking lot. On at least three sides of the perimeter of an outdoor parking lot containing 10 or more parking spaces, there shall be a planting area or strip with a minimum width equal to the width required for side line planting areas under Subsection F above, except that, where the perimeter is along the street frontage or district boundary, the planting areas shall have the larger dimensions required by this section. The plantings in the perimeter area shall be according to Subsection D, Planting area requirements.
(2)
Interior of lot.
(a)
A minimum of 3% of the interior area of a parking
lot containing a total of 50 or more spaces must be planted as landscaped
islands or areas exclusive of perimeter landscaping. The interior
area of the lot shall be computed as the paved area excluding all
parking spaces abutting the perimeter of the parking lot.
(b)
Planting on landscaped islands. Planting islands
or areas on the interior of a parking lot shall each contain not less
than 100 square feet of unpaved soil area and have a minimum dimension
of seven feet. Each island shall be planted with at least one tree
and four shrubs. A minimum of one tree and four shrubs, exclusive
of perimeter plantings, must be planted for every 12 cars in the interior
area of the parking lot.
(c)
Location of landscaped islands. The landscaped
islands shall be contained within or project into a parking lot and
be so located that some part of every parking space is not more than
45 feet from a landscaped area on the perimeter or interior of the
parking lot. See the Landscaping and Screening Diagram at the end
of this chapter for alternative layouts.
(d)
Protection of landscaped islands. Each such
landscaped island shall be surrounded by curbs at least six inches
high for protection from vehicles, and the area may be used to locate
fire hydrants.
(3)
Site plan approval. The above requirements shall be
complied with to the extent practicable. Grouping of landscaped islands
into larger landscaped areas may be allowed if the result meets the
intent of this section as interpreted by the City Planner at site
plan approval.
(4)
Within a Limited Industrial District, the requirements of Subsection H(2) may be suspended for the development of a shopping mall or a retail lot when approved by the City Council, as provided in § 650-59, in writing, provided that the City Council finds that, at the perimeter of the development lot or a retail lot, the strip required under Subsection H(1) is increased by a minimum of 125% of the area that would be devoted to the islands under Subsection H(2) if the requirements of Subsection H(2) were applicable to the development lot or a retail lot.
I.
Screening of parking lots from residential uses. In
all residential districts or on a lot used for residential purposes
the following provisions shall apply: Any outdoor parking lot containing
five or more parking spaces, all loading bays, maneuvering aisles
and driveways shall be screened in a manner to protect abutting residential
lots from the glare of headlights, noise and other nuisance factors
by the following screening:
(1)
A planting area not less than seven feet wide adjacent
to the parking lot, densely planted with shrubs and trees at least
four feet high when planted and of a type expected to form a year-round
dense screen at least six feet high within three years; or
(2)
A fence or wall of uniform appearance at least six
feet high above the parking lot surface. Such wall or fence may be
supplemented by planting and shall be located at least seven feet
away from any parking or loading space to allow for vehicle overhang
or snow clearance. Such wall or fence may be opaque or perforated,
provided that no more than 50% of the fence face is open. If snowdrifts
are likely, the fence shall be designed accordingly.
J.
Screening of other use areas within lots.
(1)
Outdoor storage and loading areas, refuse disposal.
(a)
All outdoor storage areas for nonresidential
uses in all districts, all loading areas for nonresidential uses located
in a residential districts and all facilities for refuse disposal
for all uses in all districts, except one- and two-family houses,
shall be screened from view at normal eye level from any residential
living unit, public or private street, common parking lot or adjoining
lot residentially used or zoned to the extent practicable. Refuse
storage areas shall be located no closer to the property line than
the applicable setback requirements for accessory buildings.
(b)
Screening shall consist of a solid wall or fence
compatible with surrounding architecture and materials, of a height
sufficient to completely screen the area at the time of installation
but not less than six feet high. The fence or wall may be supplemented
but not replaced by plantings.
(2)
Mechanical equipment. Wherever possible, in all districts
on nonresidential properties all air-conditioning equipment, transformers,
elevator equipment or similar mechanical equipment on any roof or
building or on the ground shall be screened from public view to the
maximum extent practicable.
(3)
Transfer, equipment lockers and underground installation
of utility lines. In all districts when electric, telephone and all
other utility lines or cables are proposed to be extended or relocated
in connection with the development or redevelopment of land or a building
for nonresidential purposes, they shall be installed underground.
Transformers and other equipment located above ground shall be screened
from public view by planting or fencing.
(4)
Exterior lighting.
(a)
All artificial lighting used to illuminate a
parking or storage area, maneuvering space or driveway shall be arranged
and shielded so as to prevent direct glare from the light source into
any public street or private way or onto adjacent property.
(b)
The level of illumination of lighting for parking
and loading areas shall be low so as to reduce the glow of ambient
lighting perceptible at nearby properties or streets.
K.
Retaining walls and embankment stabilization. Retaining
walls and embankments requiring stabilization, visible from the exterior
of the lot, shall utilize natural rock material for facing where practical
and technically feasible and shall be planted with suitable shrubs
at not less than one plant per 50 square feet to enhance appearance.
L.
Maintenance.
(1)
The owner of the lot shall be responsible for the maintenance, repair and replacement of all landscaping materials installed in accordance with the approved landscaping plan required under Subsection C.
(2)
All plant materials required by this section shall
be maintained in a healthful condition. Dead limbs, refuse and debris
shall be promptly removed. Bark mulch and nonplant ground surface
materials allowed by the section shall be maintained so as to control
weed growth. Dead plantings shall be replaced with new live plantings
of the required size and quantity at the earliest appropriate season.
Shrubs and live ground surface plant materials, such as grass or ground
cover, shall be properly maintained in presentable appearance or replaced
in kind at the earliest appropriate season.
(3)
Plantings shall be selected and designed so as not
to require high water use for maintenance. If grassed lawn areas or
thickly planted shrubs or ground cover are used in the street frontage
planting areas, a permanent water supply system, sufficient to serve
the landscaped areas, shall be provided by the installation of a sprinkler
system and/or hose bibs placed at appropriate intervals.
(4)
Fences and walls shall be maintained in good repair
and presentable appearance or replaced.
M.
Inspection, date of completion and enforcement.
(1)
The landscaping plan and plantings, as approved, shall
be completed and installed according to specifications prior to the
issuance of a certificate of occupancy for any residential or nonresidential
use or building, other than for single-family houses. If the completion
of the structure occurs after the planting season has passed, only
a temporary certificate of occupancy may be issued until the landscaping
is completed.
(2)
For single-family houses the same provisions shall
apply, except that, for those houses not built for profit or for the
use and occupancy of the builder or developer, the landscaping shall
be completed within one year after the issuance of the certificate
of occupancy.
(3)
If at any time after the issuance of a certificate
of occupancy the landscaping of any parking or vehicular area to which
this section is applicable is found to be in nonconformance, notice
shall be issued to the owners that corrective action is required to
be in compliance with this section and shall describe what action
is necessary to comply. The owners shall have 30 days to fulfill the
landscaping requirements. Failure to comply within the allotted time
shall be considered a violation of this section.
(4)
At the time of site plan approval, a bond may be required
to ensure the satisfactory planting of required landscaping and to
ensure the survival of such landscaping for up to 18 months following
such planting.
N.
Sight distance.
(1)
Measurement. In order to provide an unobstructed sight
distance for motorists, there shall be no obstruction as described
below within a triangle which measures at least 25 feet on two sides
of the intersection of a street with another street or a driveway,
interior drive or bikeway. The triangle shall be measured from the
point of intersection or, in the case of a rounded corner, the point
of intersection of the tangents, in a direction away from the intersection
for a distance of at least 25 feet along the street right-of-way line;
along the side line of the other street, driveway, interior drive
or bikeway for a distance of at least 25 feet; and by a third line
connecting these two points.
(2)
Obstruction. The word "obstruction," as used in this
section, shall mean anything erected, placed, planted or allowed to
grow in such a manner as to impede vision for motorists between a
height of two feet and eight feet above the grade of the center line
of the street and the intersecting street, driveway, interior drive
or bikeway.
(3)
Ground elevation. In all cases of new construction
and in other cases when deemed necessary by the permitting authority,
ground elevation (hills, embankments, etc.) shall be considered as
an obstruction to sight requirements if said elevation is higher than
the two feet put forth above within the prescribed area.
(4)
Illustration. The illustration of sight distance is included at the end of this chapter.
O.
Nonconforming landscaping and screening.
(1)
Any landscaping, screening and fencing legally provided
or erected and conforming to the requirements of this section when
so erected may continue to be maintained, even though as a result
of changes to this section the landscaping and screening no longer
conforms to its requirements, provided that such landscaping and screening
shall not be reduced, enlarged, redesigned or altered except so as
to make them conform to said requirements, and further provided that
any such landscaping and screening which has been destroyed or damaged
to such an extent that the cost of restoration would exceed 50% of
the replacement value of the landscaping and screening at the time
of destruction or damage shall not be repaired, rebuilt or altered,
except so as to make such landscaping and screening conform to the
requirements of this section.
(2)
The exemption for nonconforming landscaping and screening
and fencing herein granted shall terminate with respect to any landscaping
and screening which shall:
P.
Exceptions. Where plant materials required by this section would harmfully obstruct a scenic view, substitution of additional low-level plantings which will visually define the street edge or property line may be authorized on the landscaping plan required by Subsection D, provided that proposed buildings are also designed and located to preserve that scenic view. Within the Marlborough Village District, where significant topographic change or other site conditions on the development lot or the abutting parcel would eliminate the benefits of the above landscaping and screening requirements on the abutting parcels, other more appropriate measures may be approved as part of site plan review and approval.
[Amended 12-1-2014 by Ord. No. 14-1005947C]
[1]
Editor's Note: Landscaping and screening diagrams
are included at the end of this chapter.
[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.
(6)
(Reserved)
(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.
Purpose and objectives.
(1)
Purpose. The purpose of this section is to ensure
adequate access for traffic generated by development and for emergency
vehicles; to increase public safety for vehicles and pedestrians;
and to reduce traffic congestion, dust and erosion within the development
and in adjacent public ways.
(2)
Objectives. The means to accomplish this purpose shall
include reducing the number of driveway openings onto public streets;
regulating the spacing, design and construction of driveways; requiring
joint or shared use of driveways; and requiring off-site improvements
where appropriate as specified in the following subsections.
B.
All driveways. All driveways for all uses in all districts
shall comply with the following minimum requirements:
(1)
Road opening/curb cut permit required.
(a)
Anyone wishing to construct a driveway on a
lot having frontage on a public way or a way which the Clerk of the
City certifies is maintained and used as a public way or a way shown
on a plan heretofore approved and endorsed in accordance with the
Subdivision Control Law or a way in existence when the Subdivision
Control Law became effective in the City having, in the opinion of
the Planning Board, sufficient width, suitable grades and adequate
construction to provide for the needs of vehicular traffic, shall
first obtain site plan approval followed by a road opening/curb cut
permit from the City Department of Public Works.
(b)
In all cases, said permit shall be limited to the project granted site plan approval. Any substantial change in use of the curb cut (see below) shall require modification of the permit or application for a new permit which may contain new restrictions. "Substantial change" shall mean an increase of 10% or more in vehicle trips caused by expansion of the project or by a change of use from one use category to another as listed in § 650-48 of this chapter, or by addition of a drive-through facility, or a substantial impact on traffic caused by a change in the type, pattern or timing of such traffic.
(2)
Location.
(a)
Driveways per frontage. Driveway locations and number shall be subject to site plan approval, with the specific intent of meeting the purpose and objectives listed in Subsection A above. Where appropriate, particularly in commercial areas, joint driveways shall be required where practicable. There shall be no more than one driveway street connection for lots with less than 200 feet of frontage and not more than one additional driveway for each 200 feet of frontage in excess of 200 feet, unless granted site plan approval for an alternative configuration based upon determination that public safety will be adequately protected and that commonly employed engineering and planning standards have been met in full.
(b)
Distance from property line. The edge of the driveway shall be located no closer than the minimum distance governing parking areas as provided for under § 650-48C(5).
(c)
Distance from building. No driveway shall be
located within five feet of a building, except for driveways intended
for drive-up window service, which shall be subject to site plan approval.
(d)
Distance from hydrant. Within the street right-of-way,
the paved edge of the driveway shall be no closer than 15 feet to
a hydrant unless otherwise granted site plan approval based upon determination
that public safety will be adequately protected.
(3)
Grades.
(a)
Elevation at street. The elevation of the finished
grade of the driveway at the right-of-way line of the street shall
be equal to the elevation of the center line of the traveled way directly
opposite the opening.
(b)
Within street layout. In the event the horizontal distance from the edge of the existing street pavement to the side line of the street is five feet or less, the grade of that area lying between the edge of the traveled way and the side line of the street shall have a minimum, positive grade of 3% from the edge of the traveled way for a horizontal distance of not less than five feet. See also Subsection B(3)(a) above.
(c)
Outside street layout. No driveway outside the
street right-of-way shall exceed a positive or negative grade of 3%
for a distance at least 15 feet, and 12% for a distance of at least
40 feet from the street right-of-way. Beyond said 40 feet, the grade
of a minor driveway shall not exceed 15%, but major driveways shall
in no case exceed a grade of 12%.
(4)
Paving material.
(a)
Within street. All driveway openings shall be
paved with a minimum of three inches of bituminous concrete between
the traveled way and the side line of the street. If the area between
the traveled way and the side line of the street includes a cement
concrete sidewalk, the new driveway apron shall also be cement concrete
for at least the width of the sidewalk. The cost of this work shall
be borne by the owner of the driveway.
(b)
Outside street. All driveways shall have a durable,
dustless, all-weather surface suitable for year-round use, such as
bituminous concrete or cement concrete or pavers or other approved
impervious material. Driveways to commercial, industrial and multifamily
residential units shall in all cases be paved. Alternatives for single-
and two-family houses must be approved by the Building Commissioner
and City Engineer.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
(5)
Utilities relocation. The cost of any relocation of
existing, City-owned and maintained utilities, mains and services
due to the construction of a new driveway or repair or modification
to an existing one shall be borne by the owner of the driveway.
(6)
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.
(7)
Maximum curb opening. The maximum width of any curb
opening measured at the street line shall be 25 feet, not including
the driveway returns, unless authorized by the City Engineer and City
Planner at site plan approval based on safety and planning considerations.
C.
(Reserved)
D.
Major driveways. "Major driveways" shall be defined as driveways likely to carry more than 200 vehicle trips per day. A "motor vehicle trip" shall be as defined in Article II of this chapter. Major driveways shall comply with the following requirements:
(1)
Dimensional requirements. The following requirements
shall be met unless granted site plan approval for an alternative
configuration based upon determination that safety will be adequately
protected and that commonly employed engineering and planning standards
have been met in full:
|
Dimensional Requirements for Major Driveways
| |||||
|---|---|---|---|---|---|
|
Minimum Requirement
|
On Route 20
|
On Route 85
|
Other Locations
| ||
|
Sight distance of exiting vehicle at edge of
traveled way (feet)
|
400
|
300
|
200
| ||
|
Center-line separation:
| |||||
|
Between 2 major driveways or between a major
driveway and intersecting street (feet)
|
200
|
150
|
100
| ||
|
Between major and minor driveway
|
Case-by-case
| ||||
|
Traveled width (feet)*
| |||||
|
2-way**
|
24
|
24
|
24
| ||
|
1-way***
|
15
|
15
|
15
| ||
|
Curb radius (feet)
|
40
|
30
|
20
| ||
|
Acceleration/ deceleration lanes required
|
Yes
|
Yes
|
Case-by-case
| ||
|
NOTES:
| ||
|
*
|
Traveled width may be required to be greater
if necessitated by traffic volume or safety considerations or smaller
if justified by engineered design.
| |
|
**
|
See Subsection C(6) of this section, titled
"Parking restrictions."
| |
|
***
|
One-way width must be increased if driveway is used as parking aisle. See § 650-48C(3) and (4) for parking aisle dimensions.
| |
(2)
Obligations. The City may require, as a condition
of site plan approval, that the developer dedicate or acquire and
dedicate a strip of land for the purpose of widening to a safe width
accessways leading to a development and that the developer either
make physical improvements within such way or compensate the City
for the cost of such improvements.
(3)
No lot division. No existing parcel shall be divided
into lots with frontage which would preclude meeting the driveway
separation requirements, unless access rights-of-way are deeded to
enable shared egress.
(4)
Shared access and egress. The requirements of Subsection C(1), Dimensional requirements, above, may be met by means of shared or common driveways. (See § 650-49.)
(5)
Curbing. Vertical granite curbing shall be required beside driveways within the street right-of-way or sloped curbing subject to site plan approval. Said granite curbing shall also be required outside the right-of-way extending from the right-of-way continuously along the driveway as far as any parking area, but in no case more than 35 feet, unless otherwise required by provisions of § 650-48D(5).
(6)
Parking restrictions. A major driveway shall not be
used as a parking lot aisle, and no parking spaces shall be permitted
requiring vehicles to reverse into a major driveway, unless the driveway
is likely to carry less than 500 vehicle trips per day, and unless
granted site plan approval based upon determination that public safety
and traffic flow will be protected, such as by substantially increasing
the driveway width.
E.
Minor driveways. "Minor driveways" shall be considered
as driveways likely to carry less than 200 vehicle trips per day.
Minor driveways shall be governed by the following minimum requirements:
(1)
Dimensional requirements. The following requirements
shall be met unless granted site plan approval for an alternative
configuration based upon determination that safety will be adequately
protected and that commonly employed engineering and planning standards
have been met in full:
|
Dimensional Requirements for Minor Driveways
| |||||||
|
Uses Generating the Following Number of
Vehicle Trips Per Day
| |||||||
|
Minimum Requirement
|
Under 10*
|
10 to 50
|
Over 50
| ||||
|
Center-line separation (feet):
| |||||||
|
Between minor driveway and intersecting street
|
75
|
75
|
75
| ||||
|
Between two minor driveways in nonresidential
area
|
50
|
50
|
75
| ||||
|
Between two minor driveways in 1- or 2-family
residential areas
|
30
|
30
|
50
| ||||
|
Traveled width (feet)**
| |||||||
|
2-way ***
|
12
|
18
|
24
| ||||
|
1-way ***
|
12
|
15
|
15
| ||||
|
Curb radius (feet)
|
9
|
10
|
15
| ||||
|
NOTES:
| ||
|
*
|
Including one- and two-family dwellings.
| |
|
**
|
Traveled width may be required to be greater
if necessitated by volume or safety considerations or smaller if justified
by engineered design.
| |
|
***
|
Width must be increased if driveway is used as parking aisle. See § 650-48C(3) and (4) for parking aisle dimensions.
| |
F.
Common driveways. Common or shared driveways shall
be permitted, provided that they meet the following requirements:
(1)
Purpose and approval. A common driveway shall not
be permitted unless said driveway is determined at site plan review
and approval to provide a reasonable public benefit which would not
otherwise be obtained without use of a common driveway. Said benefit
or purpose may include reduction in the number of curb openings or
driveways onto major streets or at unsafe or unsuitable locations
which can be avoided by provision of common or shared driveways.
(2)
Number of single-family lots. No more than five single-family
residential lots shall be served by a common or shared driveway, unless
permitted under the provisions of the Subdivision Control Law or under
an approved site plan as provided for in this chapter. Notwithstanding
the foregoing, owners of lots developed under an approval-not-required
plan in accordance with and permitted by Massachusetts General Laws
may use a common driveway for more than five residential structures,
provided that such driveway meets minimum road standards of the City
as specified in the Rules and Regulations of the Planning Board for
Subdivisions, unless such standards are modified during site plan
review.
(3)
Number of lots other than single-family lots. The
number of lots, other than single-family lots, shall be determined
on a case-by-case basis, based upon determination that safety will
be adequately protected and that commonly employed engineering and
planning standards have been met in full.
(4)
Frontage. Common driveways may never be used to satisfy
zoning frontage requirements. All the proposed building lots must
have frontage on an acceptable way as defined in MGL c. 40, § 81L,
and each lot frontage must also provide the possibility of independent
practical access from the proposed structure or use to the way without
using a common driveway.
(5)
Point of access. Access obtained by way of easement
over an abutting lot shall only be authorized by site plan approval.
(6)
Covenants. Provisions for proper maintenance of common
driveways shall be included in covenants and deed restrictions which
shall be recorded.
(7)
Construction. Common driveways must meet the dimensional
and construction standards of major or minor driveways, as applicable.
