The purpose of the MBTA Communities Multi-family Overlay District (MCMOD) is to allow multi-family housing as of right in accordance with Section 3A of the Zoning Act (Massachusetts General Laws Chapter 40A). This zoning provides for as of right multi-family housing to accomplish the following purposes:

(1)

To create and enhance walkable neighborhoods in the MBTA Station areas.

(2)

To support larger families in Brockton.

(3)

To foster a variety of residential tenure types.

(4)

To maintain Brockton's affordability.

(5)

To promote the creation of mixed-use neighborhoods in the MTA Station areas.

(Ord. No. 01-30-2025(2), 1-30-25)

This MCMOD is an overlay district having a land area of approximately three hundred forty-four (344) acres in size that is superimposed over the underlying zoning district(s) and is shown on the Zoning Map.

(1)

Applicability of MCMOD. An applicant may develop multi-family housing located within a MCMOD in accordance with the provisions of this article.

(2)

Underlying zoning. The MCMOD is an overlay district superimposed on underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Ordinance governing the respective underlying zoning district(s) shall remain in full force, except for uses allowed as of right or by special permit in the MCMOD. Uses that are not identified in this article are governed by the requirements of the underlying zoning district(s).

(Ord. No. 01-30-2025(2), 1-30-25)

For purposes of this article, the following definitions shall apply.

Affordable unit. A multi-family housing unit that is subject to a use restriction recorded in its chain of title limiting the sale price or rent or limiting occupancy to an individual or household of a specified income, or both.

Affordable housing. Housing that contains affordable units as defined by this article.

Applicant. A person, business, or organization that applies for a building permit, site plan review, or special permit.

Area median income (AMI). The median family income for the metropolitan statistical region that includes the City of Brockton, as defined by the U.S. Department of Housing and Urban Development (HUD).

As of right. Development that may proceed under the zoning in place at time of application without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval.

Building coverage. The maximum area of the lot that can be attributed to the footprint of the buildings (principal and accessory) on that lot. Building coverage does not include surface parking.

Development standards. Provisions of section 27-181, General Development Standards made applicable to projects within the MCMOD.

Lot. An area of land with definite boundaries that is used or available for use as the site of a building or buildings.

Mixed-use development. Development containing a mix of residential uses and non-residential uses, including commercial, institutional, industrial, or other uses.

Multi-family housing. A building with three (3) or more residential dwelling units or two (2) or more buildings on the same lot with more than one (1) residential dwelling unit in each building.

Multi-family zoning district. A zoning district, either a base district or an overlay district, in which multi-family housing is allowed as of right.

Open space. Contiguous undeveloped land within a parcel boundary.

Parking, structured. A structure in which vehicle parking is accommodated on one (1) or multiple stories; a vehicle parking area that is underneath all or part of any story of a structure; or a vehicle parking area that is not underneath a structure, but is entirely covered, and has a parking surface at least eight (8) feet below grade. Structured parking does not include surface parking or carports, including solar carports.

Parking, surface. One (1) or more parking spaces without a built structure above the space. A solar panel designed to be installed above a surface parking space does not count as a built structure for the purposes of this definition.

Residential dwelling unit. A single unit providing complete, independent living facilities for one (1) or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

Section 3A. Section 3A of the Zoning Act.

Site plan review authority. The Brockton Planning Board is the site plan review authority for MCMOD applications.

Special permit granting authority. The special permit granting authority is the Brockton Zoning Board of Appeals as designated by the zoning for the issuance of special permits.

Subsidized housing inventory (SHI). A list of qualified affordable housing units maintained by EOHLC used to measure a community's stock of low- or moderate-income housing for the purposes of M.G.L. Chapter 40B, the Comprehensive Permit Law.

(Ord. No. 01-30-2025(2), 1-30-25)

(a)

Uses permitted as of right. The following uses are permitted as of right within the MCMOD.

(1)

Multi-family housing.

(2)

Mixed-use development. As of right uses in a mixed-use development are as follows:

(b)

Uses permitted by special permit. The following uses [and accessory uses] require a special permit from the special permit granting authority.

(1)

Renewable energy installations as defined in section 27-179(d).

(c)

Accessory uses. The following uses are considered accessory as of right to any of the permitted uses in section 27-178.

(1)

Parking, including surface parking and parking within a structure such as an above ground or underground parking garage or other building on the same lot as the principal use.

(Ord. No. 01-30-2025(2), 1-30-25)

(a)

Table of dimensional standards. Notwithstanding anything to the contrary in this zoning, the dimensional requirements applicable in the MCMOD are as follows:

(b)

Multi-building lots. In the MCMOD, lots may have more than one (1) principal building. ⁸

(c)

Exceptions. The limitation on height of buildings shall not apply to chimneys, ventilators, towers, silos, spires, or other ornamental features of buildings, which features are in no way used for living purposes and do not constitute more than twenty-five (25) percent of the ground floor area of the building.

(d)

Exceptions: Renewable energy installations. The special permit granting authority may waive the height and setbacks in section 27-179 dimensional standards to accommodate the installation of solar photovoltaic, solar thermal, living, and other eco-roofs, energy storage, and air-source heat pump equipment. Such installations shall not create a significant detriment to abutters in terms of noise or shadow and must be appropriately integrated into the architecture of the building and the layout of the site. The installations shall not provide additional habitable space within the development.

(Ord. No. 01-30-2025(2), 1-30-25)

These parking requirements are applicable to development in the MCMOD.

(1)

Number of parking spaces. The following minimum numbers of off-street parking spaces shall be permitted by use, either in surface parking or within garages or other structures:

(2)

Number of bicycle parking spaces. The following minimum numbers of covered bicycle storage spaces shall be provided by use:

(3)

Bicycle storage. For a multi-family development of twenty-five (25) units or more, or a mixed-use development of twenty-five thousand (25,000) square feet or more, covered parking bicycle parking spaces shall be integrated into the structure of the building(s).

(4)

Shared parking within a mixed-use development. Parking requirements for a mix of uses on a single site may be adjusted through the site plan review process, if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies.

(Ord. No. 01-30-2025(2), 1-30-25; Ord. No. 07-31-2025(1), 7-31-25)

(a)

Development standards in the MCMOD are applicable to all multi-family development with more than eight (8) units or mixed-use development of more than twenty-five thousand (25,000) square feet within the MCMOD. These standards are components of the site plan review process in section 27-183, site plan review.

(b)

Site design.

(1)

Connections. Sidewalks shall provide a direct connection among building entrances, the public sidewalk, bicycle storage, and parking.

(2)

Vehicular access. Where feasible, curb cuts shall be minimized, and shared driveways encouraged.

(3)

Open space. Open space shall be of an appropriate size as to be usable by the building's tenants for passive recreation and small gatherings. The space shall be accessible to tenants twenty-four (24) hours a day, seven (7) days of the week. A portion of the space may be impermeable.

(4)

Screening for parking. Surface parking adjacent to a public sidewalk shall be screened by a landscaped buffer of sufficient width to allow the healthy establishment of trees, shrubs, and perennials, but no less than six (6) feet. The buffer may include a fence or wall of no more than three (3) feet in height unless there is a significant grade change between the parking and the sidewalk.

(5)

Parking materials. The parking surface may be concrete, asphalt, decomposed granite, bricks, or pavers, including pervious materials but not including grass or soil not contained within a paver or other structure.

(6)

Plantings. Plantings shall include species that are native or adapted to the region. Plants on the Massachusetts Prohibited Plant List, as may be amended, shall be prohibited.

(7)

Lighting. Light levels shall meet or exceed the minimum design guidelines defined by the Illuminating Engineering Society of North America (IESNA) and shall provide illumination necessary for safety and convenience while preventing glare and overspill onto adjoining properties and reducing the amount of skyglow.

(8)

Mechanicals. Mechanical equipment at ground level shall be screened by a combination of fencing and plantings. Rooftop mechanical equipment shall be screened if visible from a public right-of-way.

(9)

Dumpsters. Dumpsters shall be screened by a combination of fencing and plantings. Where possible, dumpsters or other trash and recycling collection points shall be located within the building.

(10)

Stormwater management. Strategies that demonstrate compliance of the construction activities and the proposed project with the most current versions of the Brockton Stormwater Management Standards, the Brockton Stormwater Handbook, Massachusetts Erosion Sediment and Control Guidelines, and, if applicable, additional requirements under the Brockton MS4 Permit for projects that disturb more than one (1) acre and discharge to the city's municipal stormwater system, and an operations and management plan for both the construction activities and ongoing post-construction maintenance and reporting requirements.

(c)

Buildings: General.

(1)

Position relative to principal street. The primary building shall have its principal façade and entrance facing the principal street. See also subsection 27-181(g), buildings: corner lots.

(2)

Entries. Where feasible, entries shall be clearly defined and linked to a paved pedestrian network that includes the public sidewalk.

(3)

Active use first floors. Buildings fronting Main Street or North Main Street shall have active uses along eighty (80) percent for the first-floor façade. Active use space shall be no less than fifty (50) feet deep. Active uses are defined in section 27-178(a)(1). Ground floor uses and also include residential lobbies, common areas, and amenities.

(d)

Buildings: Multiple buildings on a lot.

(1)

For a mixed-use development, uses may be mixed within the buildings or in separate buildings.

(2)

Parking and circulation on the site shall be organized so as to reduce the amount of impervious surface. Where possible, parking and loading areas shall be connected to minimize curb cuts onto public rights-of-way.

(3)

A paved pedestrian network shall connect parking to the entries to all buildings and the buildings to each other.

(4)

The orientation of multiple buildings on a lot should reinforce the relationships among the buildings. All building façade(s) shall be treated with the same care and attention in terms of entries, fenestration, and materials.

(5)

The building(s) adjacent to the public street shall have a pedestrian entry facing the public street.

(e)

Buildings: Mixed-use development.

(1)

In a mixed-use building, access to and egress from the residential component shall be clearly differentiated from access to other uses. Such differentiation may occur by using separate entrances or egresses from the building or within a lobby space shared among different uses.

(2)

Paved pedestrian access from the residential component shall be provided to residential parking and amenities and to the public sidewalk, as applicable.

(3)

Materials for non-residential uses shall be stored inside or under cover and shall not be accessible to residents of the development.

(4)

Parking and circulation on the site shall be organized so as to reduce the amount of impervious surface. Where possible, parking and loading areas shall be connected to minimize curb cuts onto public rights-of-way.

(f)

Buildings: Shared Outdoor Space. Multi-family housing and mixed-use development shall have common a minimum of twenty-four (24) square feet per unit of outdoor space that all residents can access. Such space may be located in any combination of ground floor, courtyard, rooftop, or terrace. All outdoor space shall count towards the project's minimum open space requirement.

(g)

Buildings: Corner Lots. A building on a corner lot shall indicate a primary entrance either along one (1) of the street-facing façades or on the primary corner as an entrance serving both streets.

(1)

Such entries shall be connected by a paved surface to the public sidewalk, if applicable.

(2)

All façades visible from a public right-of-way shall be treated with similar care and attention in terms of entries, fenestration, and materials.

(3)

Fire exits serving more than one (1) story shall not be located on either of the street-facing façades.

(h)

Buildings: Infill Lots. If the adjacent buildings are set back at a distance that exceeds the minimum front yard requirements, infill buildings shall meet the requirements of section 27-179(a), dimensional standards. Otherwise, infill buildings may match the setback line of either adjacent building, or an average of the setback of the two (2) buildings to provide consistency along the street.

(i)

Buildings: Principal Façade and Parking. Parking shall be subordinate in design and location to the principal building façade.

(1)

Surface parking. Surface parking shall be located to the rear or side of the principal building. Parking shall not be located in the front setback between the building and any lot line adjacent to the public right-of-way.

(2)

Integrated garages. The principal pedestrian entry into the building shall be more prominent in design and placement than the vehicular entry into the garage.

(3)

Parking structures. Building(s) dedicated to structured parking on the same lot as one (1) or more multi-family buildings or mixed-use development shall be incorporated in the design and placement of the multi-family or mixed-use building(s) on the lot. Parked vehicles may not be visible from the public way.

(j)

Waivers. Upon the request of the Applicant and subject to compliance with the compliance guidelines, the site plan review authority may waive the requirements of this section 27-181, general development standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the MCMOD.

(Ord. No. 01-30-2025(2), 1-30-25)

(a)

Purpose.

(1)

Promote the public health, safety, and welfare by encouraging a diversity of housing opportunities for people of different income levels;

(2)

Provide for a full range of housing choices for households of all incomes, ages, and sizes;

(3)

Increase the production of affordable housing units to meet existing and anticipated housing needs; and

(4)

Work to overcome economic segregation allowing Brockton to be a community of opportunity in which low and moderate-income households have the opportunity to advance economically.

(b)

Applicability. This requirement is applicable to all residential and mixed-use developments with ten (10) or more dwelling units, whether new construction, substantial rehabilitation, expansion, reconstruction, or residential conversion (Applicable Projects). No project may be divided or phased to avoid the requirements of this section.

(c)

Affordability requirements.

(1)

Subsidized housing inventory. All units affordable to households earning eighty (80) percent or less of AMI created in the MCMOD under this section must be eligible for listing on EOHLC's Subsidized Housing Inventory.

(d)

Provision of affordable housing. In applicable projects, not fewer than ten (10) percent of housing units constructed shall be affordable housing units. For purposes of calculating the number of units of affordable housing required within a development project, a fractional unit shall be rounded down to the next whole number. The affordable units shall be available to households earning income up to eighty (80) percent of the AMI.

(e)

Development standards. Affordable units shall be:

(1)

Integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of exterior and interior materials with the other units and/or lots;

(2)

Dispersed throughout the development;

(3)

Located such that the units have equal access to shared amenities, including light and air, and utilities (including any bicycle storage and/or electric vehicle charging stations) within the development;

(4)

Located such that the units have equal avoidance of any potential nuisances as market-rate units within the development;

(5)

Distributed proportionately among unit sizes; and

(6)

Distributed proportionately across each phase of a phased development.

(f)

Administration.

(1)

The zoning enforcement official shall be responsible for administering and enforcing the requirements in this section.

(Ord. No. 01-30-2025(2), 1-30-25)

(a)

Applicability. Site plan review is required for all projects using the MCMOD. An application for site plan review shall be reviewed by the department of planning and economic development for consistency with the purpose and intent of sections 27-178 through 27-182.

(b)

Submission requirements. The planning board shall develop an application and submittal requirements.

(c)

Timeline. Site plan review should be commenced no later than sixty (60) days of the submission of a complete application and should be completed expeditiously. The site plan review authority may, when appropriate, seek the input of other municipal boards or officials. In general, site plan review should be completed no more than six (6) months after the submission of the application.

(d)

Site plan approval. Site plan approval for uses listed in section 27-178 permitted uses shall be granted upon determination by the site plan review authority that the following conditions have been satisfied. The site plan review authority may impose reasonable conditions, at the expense of the applicant, to ensure that these conditions have been satisfied.

(1)

The applicant has submitted the required fees and information as set forth in municipality's requirements for site plan review; and

(2)

The project as described in the application meets the development standards set forth in section 27-181 general development standards.

(e)

Project phasing. An applicant may propose, in a site plan review submission, that a project be developed in phases subject to the approval of the site plan review authority, provided that the submission shows the full buildout of the project and all associated impacts as of the completion of the final phase. However, no project may be phased solely to avoid the provisions of section 27-182 affordability requirements.

(Ord. No. 01-30-2025(2), 1-30-25)