Brookline City Zoning Code
ARTICLE III
ESTABLISHMENT OF ZONING DISTRICTS
§ 3.00 DIVISION OF THE TOWN INTO DISTRICTS
1.
The Town is hereby divided into zoning districts, as specified hereinafter.
2.
Within each district there shall be uniform regulation of use of buildings, structures and land, of height, and size of buildings and structures, of size and width lots, of dimensions of yard and other open spaces, and of other requirements, as provided in this By-law.
3.
Every parcel of land and every building or other structure in the Town, except as otherwise provided by law or this By-law, shall be subject to the regulations, restrictions, and requirements specified for the district, in which it is located.
4.
In any Overlay Districts created in Section 3.01, below, both the requirements of the base zoning district and those of the overlay district shall apply.
§ 3.01 CLASSIFICATION OF DISTRICTS
There shall be four classes of residence districts, three classes of business districts, and one class of industrial districts, designated by initial letters, each of which is further subdivided into districts designated by numbers which for S, SC, and T Districts indicate minimum lot area in thousands of square feet (except S-0.75P and S-0.5P) and for all other districts indicate maximum floor area ratio, as follows:
2.
4.
Overlay Districts
a.
Coolidge Corner Design Overlay District
b.
Fisher Hill Town-Owned Reservoir Mixed Income Housing Overlay
c.
Solar Overlay District
d.
Cleveland Circle Hotel Overlay District
e.
Transit Parking Overlay District
f.
Waldo-Durgin Overlay District
g.
Fisher Hill Special Overlay District
h.
(Reserved)
i.
Municipal Uses Overlay District
j.
(Reserved)
k.
(Reserved)
l.
(Reserved)
m.
(Reserved)
n.
(Reserved)
o.
MBTA-CA Multifamily Overlay District Zoning
p.
Floodplain Overlay District
§ 3.02 BOUNDARIES OF THE DISTRICT
1.
The location and boundaries of these districts are hereby established as shown on a map entitled, "Zoning Map Number Ten, Town of Brookline," dated April 26, 1962, as subsequently amended, bearing the signatures of the members of the Planning Board and on file in the office of the Town Clerk, which map, with all explanatory matter thereon, is declared to be a part of this By-law.
2.
Any change in the location or boundaries of a district hereafter made through the amendments of this By-law shall be indicated by the alteration of such map, and the map thus altered is declared to be a part of the By-law thus amended.
3.
Where a district boundary is indicated as approximately following, or parallel to, the center line or exterior line of a street, highway, railroad right of way, or water course, such a district boundary shall be construed as following, or as being parallel to, such center line or exterior line. Where a district boundary is indicated as approximately following a lot line, such line shall be construed to be said boundary.
4.
Where a boundary line between districts divides a lot in single ownership upon the effective date of this By-law, or upon the effective date of any amendment changing the boundaries of one of the districts in which the lot lies, the regulations controlling the less restricted part of such lot shall be applicable to as much of the lot within the more restricted district as lies within 25 feet of the district boundary. When two districts with different use designations are involved, the "less restricted part of the lot" shall be that part subject to less restricted use regulations. This § 3.02(4) shall not apply to zoning districts H-MS, H-MS-O, H-MST, or H-MSN, irrespective of whether these districts are deemed more or less restrictive in use or other regulations.
5.
When a lot in one ownership is situated in part in the Town of Brookline and in part in an adjacent city or town, the regulations and restrictions of this By-law shall be applied to that portion of such lot as lies in the Town of Brookline in the same manner as if the entire lot were situated therein.
6.
Where a boundary line between districts divides a lot in single ownership, the Board of Appeals may by special permit allow all or part of the gross floor area calculated to be permitted on the more restricted part of the lot to be transferred to the less restricted part provided that the aggregate gross floor area on the entire lot does not exceed the sum of the floor areas permitted on each part of the lot provided that all dimensional requirements are met as applicable in each district (except minimum lot size per dwelling unit, which requirement is to be met as follows:
The maximum number of dwelling units shall not exceed the sum of:
a.
The number permitted by application of the minimum lot size requirement for the less restricted district to the lot area in that district and
b.
The number of dwelling units permitted by application of the average of the minimum lot size requirements for the two districts to the lot area in the more restricted district, and provided that no part of the lot in the more restricted district is used for any use prohibited in that district, including accessory uses other than landscaped open space except for recreational uses or underground parking if permitted by special permit.
§ 3.03 INTERIM PLANNING OVERLAY DISTRICT
1.
Purpose and Objectives
The Zoning By-Law and Map may be amended by Town Meeting from time to time to address changes in land use, environmental and economic conditions that reflect the evolution of the Town and the recommendations of town-wide or district related plans and studies.
An Interim Planning Overlay District may be adopted for a specified period of time, no greater than twelve months, at an annual or special Town Meeting in accordance with the provisions of Chapter 40A of the General Laws in order to provide an opportunity to complete district or neighborhood level planning studies, including evaluation of land use, density, dimensional, parking and other requirements. If found warranted, revised zoning regulations and/or design guidelines shall be submitted to Town Meeting for adoption to better manage growth consistent with the Town's Comprehensive Plan or the recommendations of subsequent studies. The interim zoning regulations or design guidelines established during the study period will ensure that an area is not impacted by inappropriate growth.
2.
Regulations
An Interim Planning Overlay District established in accordance with this section may apply to a district or sub-districts and may replace or amend the Zoning By-law related to use, density, dimensional, parking, design or other regulations for the specified time period, not to exceed twelve months from the date of adoption by Town Meeting.
3.
Procedures
The Building Commissioner shall not approve applications for building permits that enable the construction or improvement of uses and/or structures during the time period during which the interim regulations or design guidelines apply.
If the Building Commissioner denies an application for a building permit, an applicant may appeal the decision of the Building Commissioner to the Board of Appeals by filing with the Town Clerk. The form of the application shall be approved by the Board of Appeals. The Board of Appeals shall seek an advisory report from the Planning Board. The Board of Appeals and Planning Board shall base their findings and recommendations on the specific regulations and guidelines established by Town Meeting for the Interim Planning Overlay District.
4.
Establishment
An article proposing the establishment of an Interim Planning Overlay District shall, at a minimum, include the following:
a.
physical boundaries of the proposed district through a survey or map delineating the boundary in relation to existing zoning, streets and property lines as defined by the Town's Zoning Map and Assessor's Atlas.
b.
current land use, zoning and other physical characteristics of the area included within the proposed district.
c.
purpose of the proposed district and why the existing underlying zoning may not be appropriate.
d.
conformance of the proposed district with the Town's Comprehensive Plan or other land use and related studies or plans.
e.
scope of work to be undertaken that will produce proposed Zoning By-Law and Map amendments for consideration by Town Meeting.
f.
length of time, not greater than twelve months, from the date of passage by Town Meeting, for which the district will be effective and for the completion of the supporting study necessary to submit Zoning By-Law and Map amendments for consideration by Town Meeting. If, following a twelve month period, work on Zoning By-Law and Map amendments is not complete despite the diligent efforts of all parties, Town Meeting shall have the option of extending an Interim Planning Overlay District for an additional six months.
g.
use, dimensional, parking and other related regulations in the Zoning By-Law which will be replaced or amended during the effective period of the district; and
h.
interim use, dimensional and related Zoning By-Law regulations or design review guidelines that will be effective during the interim period in which the district is in place.
5.
Severability
The provisions of this section of the Zoning By-Law are severable, and if any such provision shall be held invalid by a court of competent jurisdiction, such decision shall not impair or otherwise affect any other provision of the Zoning By-law.
6.
Districts
(To be inserted into the Zoning By-Law for a period no greater than twelve months following adoption of such districts at future Town Meetings.)
[The text for Section 3.03.6.1, which would appear here and established the Coolidge Corner Interim Planning Overlay District (CCIPOD), has been removed to conserve space and because it expired on April 30, 2007. For copies of the complete text, contact the Town Clerk's Office or the Department of Planning and Community Development.] |