Brookline City Zoning Code
ARTICLE IV
USE REGULATIONS
§ 4.00 APPLICABILITY OF REGULATIONS
1.
Except as provided by law or in this By-law, in each district no building, structure, or land shall be used or occupied except for the purposes permitted in the district in the section of this Article applicable thereto. For districts in the Harvard Street Main Street Corridor (H-MS, H-MS-O, H-MST, H-MSN), Article XI Chapter 7 supersedes § 4.01 through § 4.05, and § 4.07 in their entirety.
§ 4.01 PERMITTED USES
2.
A use listed in § 4.07 may be permitted if the Board of Appeals so determines and issues a special permit therefore as provided in Article IX in any district under which it is denoted by the letters "SP", subject to such requirements as may be specified in § 4.07, and such further restrictions as said Board may establish. Any application for change in a special permit use or condition approved by the Board of Appeals shall require either a new special permit or Board of Appeals approval of modification of the prior special permit as provided in Article IX.
3.
In accordance with the requirements of § 5.09, any use listed in § 4.07 which is denoted by the word "Yes" shall be considered to be denoted by the letters "SP", if it falls into any of the following categories:
a.
It is on a lot any part of which is located in the G-1.75(CC) District or which fronts on or is within 100 feet of Beacon Street, Boylston Street, Brookline Avenue, Commonwealth Avenue, Harvard Street, and Washington Street.
b.
It is a non-residential use in a non-residential district with more than 10,000 square feet of gross floor area or with 20 or more parking spaces, except municipal facilities in I-1.0 districts when authorized by a two-thirds vote of Town Meeting.
c.
It is a non-residential use in a residential district with more than 5,000 square feet of gross floor area or with 10 or more parking spaces.
d.
The use necessitates design review that is subject to § 5.09(2)(o).
§ 4.02 USES SUBJECT TO OTHER REGULATIONS
Uses permitted as of right or by special permit shall be subject, in addition to use regulations, to such regulations of height, area, yard, setback, lot size and area, lot width, floor area ratio, provisions for off-street parking and loading, and to such other provisions as are specified in other Articles hereof.
§ 4.03 PRE-EXISTING SPECIAL PERMIT USES
Any lawful use existing on the effective date of this By-law or subsequent amendments which is classified as requiring a special permit in the district in which the land occupied by the use is located shall be deemed to have been granted a special permit subject to maintaining the character and extent of operations and structures existing on that date. Any application for change in use or structure shall require a special permit from the Board of Appeals as provided in Article IX.
§ 4.04 LIMITATION OF AREA OF ACCESSORY USES
1.
No accessory use or uses within a building shall occupy more than a combined total of 25 per cent of the floor area of the principal building, other than required off-street parking, except that an accessory dwelling unit may occupy up to the lesser of 750 square feet of habitable space or 30 per cent of the floor area of the principal building by right or, by Special Permit, up to the lesser of 950 square feet of habitable space or 30 percent of the floor area of the principal building.
2.
No accessory use or uses not within a building shall occupy more than a combined total of 25 per cent of the unbuilt lot area, or of the required rear yard area, other than required off-street parking or outdoor seating for a licensed Food Vendor as defined in Article 8.10 of the Town's General By-Laws.
§ 4.05 ACCESSORY USES IN RESIDENCE DISTRICTS; ACCESSORY DWELLING UNITS
1.
In any residence district, no accessory use shall be permitted which involves or requires any of the following:
a.
The employment of any persons who is not resident in the dwelling unit, other than a domestic employee, except:
2.
An accessory use in a dwelling unit in any residence district as permitted under § 4.07, Uses 58 or 59, which requires a special permit shall be subject to the office parking provisions of § 6.02 unless otherwise modified by the Board of unless otherwise modified by the Board of Appeals, by special permit.
3.
Accessory Dwelling Units
a.
Intent: Accessory dwelling units are an allowed accessory use where they are, by design, clearly subordinate to the principal dwelling unit and meeting the requirements of this Section. Accessory dwelling units are intended to advance the following:
1.
To provide flexibility for families as their needs change over time and, in particular, provide options for older adults to be able to stay in their homes and for households with disabled persons;
2.
To increase the diversity of housing choices in the Town while respecting the residential character and scale of existing neighborhoods;
3.
To provide a non-subsidized form of housing that is generally less costly to produce and more affordable than similar units in multifamily buildings;
4.
To add housing units to Brookline’s total housing stock with minimal adverse effects on Brookline's neighborhoods.
b.
Accessory dwelling units in single family owner-occupied buildings shall conform to all the following provisions:
1.
Maximum square footage. An accessory dwelling may be created with up to 30 percent of the existing habitable space on the property or 750 square feet of habitable space, whichever is less.
An accessory dwelling unit which exceeds 750 square feet of habitable space or 30 percent of the existing habitable space on the property, whichever is less, may be approved by Special Permit, provided that it does not exceed 950 square feet of habitable space and provided further that documentation is submitted showing that a permanent household member with a handicap or illness, not of a temporary nature, requires the aid of a resident caregiver to aid a family member. This Special Permit may require an additional off-street parking space.
2.
Owner-occupancy. A property containing an accessory dwelling unit shall be owner-occupied, which requirement may be met via either the principal or the accessory dwelling unit. Qualifying owner-occupancy must be certified as a precondition for receiving a Certificate of Occupancy for the accessory dwelling unit and not less than once per calendar year thereafter, by an affidavit, in a form to be provided by the Building Department and signed by the owner-applicant. Copies of the completed Affidavits of Owner-Occupancy shall be retained by the Building Department.
Owner-occupancy shall be further certified by inclusion of the subject property in the listing of residential property tax exemptions as maintained by the Town Assessor, beginning not more than 24 months following, as applicable, the issuance of a Certificate of Occupancy for a new accessory dwelling unit or the transfer of ownership for a pre-existing accessory dwelling unit, and continuing for each Fiscal Year thereafter.
An owner-applicant for an accessory dwelling unit building permit or Special Permit must provide documentation satisfactory to the Building Commissioner or Zoning Board of Appeals, as applicable, that the owner-applicant has occupied the subject property for not less than five years prior to the application date.
3.
Building envelope. An accessory dwelling unit may be created in an existing building or accessory building if the building envelope is not expanded and any increase in FAR stemming from the creation of the accessory dwelling unit does not produce a resultant FAR greater than 120% of the allowed FAR in the current Zoning By-Law. An expansion of the building envelope or conversion of the garage to create an accessory dwelling unit shall only be allowed by Special Permit and only if the resultant FAR is no greater than 120% of the allowed FAR in the current Zoning By-Law and all other dimensional requirements are met. The provisions of subsection 1.a. and e. of Section 5.22 shall not apply to the creation of accessory dwelling units.
4.
Exterior appearance. A building containing an accessory dwelling unit must exhibit no exterior evidence of occupancy by more than one family, including, but not limited to the following:
a)
Having no more than one means of access/egress facing the street upon which the property faces;
b)
Having no more than one street number address; if the accessory dwelling unit has a second mailbox or mail delivery slot, it shall not be visible from the street;
c)
Having no electric, gas, water meters, or sub-meters other than those serving the principal dwelling unit of the building in which it is situated, unless required by the utility service provider.
5.
Exterior alterations are permitted, provided they are in keeping with the architectural integrity of the structure, including but not limited to:
a)
The exterior finish material should be the same or visually consistent with the exterior finish material of the remainder of the building;
b)
The roof pitch should be consistent with the predominant roof pitch of the remainder of the building;
c)
Trim should be consistent with the trim used on the remainder of the building;
d)
Windows should be consistent with those of the remainder of the building in proportion and orientation.
6.
Parking. A single family property with a by right accessory dwelling unit will conform to parking requirements as applicable to single-family homes with no accessory dwelling unit. Existing setback requirements will apply to all parking.
7.
Maximum number of occupants. The total number of individuals residing in the principal and accessory dwelling units combined may not exceed the number allowed in the principal dwelling unit alone, under Section 2.06 “F” definitions for family.
8.
Minimum age of principal dwelling unit and additions thereto. The creation of an accessory dwelling unit shall only be allowed on properties where the most recent Certificate of Occupancy was granted at least five years prior to the date of application to create the accessory dwelling unit.
9.
Conversion of garage space. An accessory dwelling unit that is created by conversion of a pre-existing garage, including an existing garage in a separate structure from the primary residential building, may be approved only by Special Permit. Garage space eligible for conversion to an accessory dwelling unit must have been constructed five or more years prior to the date of application for a permit to construct an accessory apartment as evidenced by an original building permit or other documentation satisfactory to the Board of Appeals. The provisions of Section 5.22, Exceptions to Maximum Floor Area Ratio Regulations for Residential Units 1.e prohibiting replacement of garage parking to a location exterior to the house does not apply to this subsection.)
10.
Conversion of accessory structures. An accessory dwelling unit may not be created in an accessory structure, except in a detached garage, as set forth in paragraph 9 of this section.
11.
Allowable means of egress. An accessory dwelling unit must have two means of egress that conform to the applicable requirements of the Building Code. If the second means of egress requires an exterior stairway, any such stairway will require a Special Permit and may not exceed more than one story in height nor be visible from a public way.
12.
One accessory dwelling unit per lot. No more than one accessory dwelling unit shall be allowed per lot.
13.
No separate ownership. No accessory dwelling unit shall be held in separate ownership from the principal structure/dwelling unit; at no time shall an accessory dwelling unit, or the building of which it is a part, be deeded as a condominium unit.
14.
Curb cut limit. Accessory dwelling units may not be located on any lot which is accessed from any public or private street by more than one curb cut, except for lots having more than one pre-existing curb cut for a period of at least five years.
15.
Minimum rental period. Rental of either the accessory dwelling unit or its associated primary dwelling unit shall be for a term of not less than six (6) months and shall be subject to a written rental or lease agreement.
16.
Historic districts. Where a building is located within a local historic district and therefore subject to the procedures required under Article 5.6 of the General By-Law, any decisions of the Brookline Preservation Commission shall take precedence over the criteria and procedures set forth above, but the Preservation Commission may be guided by the provisions of this Section in addition to its own criteria and procedures.
17.
Recording at Registry of Deeds. Before a Certificate of Occupancy is issued, the property owner of any accessory apartment shall record with the Norfolk County Registry of Deeds or with the Land Court a certified copy of the approval, in a form prescribed by the Building Commissioner or, if required, the Special Permit. Certified copies of the recorded documents shall be filed with the Building Department.
18.
Change of ownership. When ownership of any residential property containing an existing accessory dwelling unit changes, the new property owner shall within 30 days of the title transfer, file with the Building Commissioner a sworn affidavit attesting to continued compliance with the requirements of this section and all applicable public safety codes, at which time the Building Commissioner shall conduct a determination of compliance with this Section.
The new property owner shall certify annually thereafter on the first business day of January, or upon transfer to a new owner as provided above, continued compliance with the requirements of this section in a form acceptable to the Building Commissioner.
19.
Termination. A property owner who chooses to discontinue an accessory dwelling unit shall notify the Building Commissioner in writing within 30 days following such action.
20.
Enforcement. A property owner who fails to recertify as required an accessory dwelling unit or otherwise comply with all provisions of this section shall be subject to regulatory enforcement by the Building Commissioner. The Building Commissioner shall seek advice and counsel from the Director of Planning and Community Development when there is any question in the application of the criteria contained in this Section and in the approval of any permit for accessory dwelling unit approval.
The Building Commissioner may re-inspect the property for compliance with the Zoning By-Law and health and safety regulations, including but not limited to when there is a change of ownership.
21.
Public listing of approved units. A listing of all accessory dwelling units shall be maintained by the Town in such a manner as to be accessible on the Town of Brookline website.
c.
Pre-existing unauthorized accessory dwelling units may be approved by the Building Commissioner subject to the following requirements:
1.
The property owner shall submit an application request in a form prescribed by the Building Commissioner;
2.
The property owner must provide evidence, in a form satisfactory to the Building Commissioner, that the accessory dwelling unit was constructed five or more years prior to the date of adoption of this Bylaw section.
3.
The pre-existing accessory dwelling unit must comply with all requirements of the accessory dwelling unit section of the Zoning Bylaw; however, the Building Commissioner may approve an accessory dwelling unit with habitable space not exceeding 30 percent of the floor area of the principal building.
4.
Before approval of an existing accessory dwelling unit, the Building Department shall conduct an onsite inspection for compliance with all applicable Building Code requirements and other applicable provisions of this Section.
4.
An accessory use in a dwelling unit in any residence district as permitted under § 4.07, Uses 58, 58A or 59, shall not:
b.
Occupy space which exceeds in area the area of the ground floor; occupy 25% or more of the total floor area in an S, SC, T or F district, or occupy 50% or more of the total floor area in an M district;
c.
Permit the employment of more than two persons not resident in the dwelling unit;
d.
Be in operation or be open to clients, pupils or other members of the general public (except those seeking emergency professional services of a physician or member of the clergy) between the hours of 10:00 p.m. and 7:00 a.m.; or
e.
Create any objectionable impact in terms of noise, traffic, parking or other nuisance.
5.
For Family Child Care Homes, Family Child Care Plus Homes, and Large Family Child Care Homes (uses 60A and 60B), the following materials must be submitted:
• | Site plans showing existing and as-built conditions; |
• | Hours of operation; |
• | A parking and circulation plan that provides for safe dropoff and pickup areas for parents and adequate parking for employees, where necessary; |
• | If an outdoor play area is to be provided, a site plan showing the area so screened from any lot line and from any residential structure on an adjoining lot to avoid a significant noise nuisance; |
• | Information on other Family Child Care facilities, or other accessory uses, existing or known to be proposed on the same parcel as the proposed facility. For all such facilities, all of the above information shall also be provided and reviewed in the context of the new application; |
• | Documentation of application for appropriate licensing in accordance with M.G.L. chapter 28A, § 10 and its implementing regulations. The Building Commissioner or Board of Appeals may condition any approval of such a facility on the owner providing documentation of appropriate licensing prior to receiving a Certificate of Occupancy. |
For use 60A, the Building Commissioner must find that the conditions as described in these submissions serve the facility and the neighborhood adequately and may condition a Certificate of Occupancy on continued compliance with these submissions. For use 60B, the conditions as described in these submissions will be considered in an application for a Special Permit, which may be conditioned on continued compliance with the conditions described in these submissions. |
Under no circumstances shall such a facility cause a significant negative impact on the surrounding neighborhood in terms of traffic, parking, noise, or other factors relating to quality of life. The Building Commissioner shall condition a Certificate of Occupancy for Uses 60A and 60B, and the Board of Appeals shall condition a Special Permit for Use 60B, on compliance with this requirement. This requirement shall also apply to any facility under Uses 60A and 60B that predates the adoption of this zoning language. |
Any Special Permit issued for Use 60B shall automatically expire if the operator's state license at the permitted location for a Large Family Child Care Home is terminated. |
§ 4.06 TEMPORARY ACCESSORY USES
1.
The Building Commissioner may grant a permit for a nonconforming temporary building or use incidental to a building development and where reasonably required for such development and for such temporary structures as tents and marquees which will be in place for not more than a few days in connection with special occasions or events.
2.
Such permit may be issued for an initial period of not more than two years, and in the case of a building only upon application accompanied by a bond and a bill of sale to the Town to be effective in case the building is not removed prior to the expiration date of the permit.
3.
Such a permit may be renewed by the Building Commissioner for successive periods of not more than two years each.
§ 4.07 TABLE OF USE REGULATIONS [1]
Principal Uses | Residence | Business | Ind. | ||||||
|---|---|---|---|---|---|---|---|---|---|
S | SC | T | F | M | L | G | O | I | |
RESIDENCE USES | |||||||||
1. Detached dwelling on a separate lot and occupied by not more than one family. | Yes | Yes | Yes | Yes | Yes | Yes | No | Yes | No |
1A. Cluster subdivisions, designed groups of single-family dwellings, and estate conversions permitted pursuant to the regulations and conditions of § 5.11. | SP | SP | No | No | No | No | No | No | No |
2. Detached dwelling on a separate lot originally constructed for single-family occupancy prior to the effective date of this By-law and containing a minimum gross floor area of 2,400 square feet and converted for occupancy by not more than two families, provided there is no external evidence of occupancy by more than one family. | No | Yes | Yes | Yes | Yes | Yes | No | Yes | No |
3. Detached dwelling converted for two-family occupancy conforming to the requirements of the preceding item except that external evidence of conversion is required to conform to other codes. | No | SP | Yes | Yes | Yes | Yes | No | Yes | No |
4. Detached dwelling on a separate lot and occupied by two families, other than Uses 2 and 3 above. | No | No | Yes | Yes | Yes | Yes | No | Yes | No |
4A. Dwelling on a separate lot for three families or attached dwelling on a separate lot for two families. | No | No | No | Yes | Yes | Yes | Yes | No | Yes |
5. Attached dwelling occupied by not more than one family in each unit between side walls, provided that in T Districts no row of such units shall consist of more than two such units or more than three such units in F Districts. *Except as permitted by Use 1A above and § 5.11. | No* | No | SP | SP | SP | SP | No | SP | No |
6. Multiple or attached dwelling of four or more units other than Use 5 or Use 6E divided into dwelling units each occupied by not more than one family but not including lodging house, hotel, dormitory, fraternity or sorority. *Compliance with § 4.08 required if containing 4 or more dwelling units. Permitted by special permit in S-0.5P and S-0.75P Districts subject to § 5.06. In L and G districts, the ground floor of a building must have at least 60% of its frontage along a street, to a depth of at least 15', devoted to uses not to include, residential, residential related and parking. Within the Waldo-Durgin Overlay District, the percentage of such frontage devoted to residential use may be increased by special permit in accordance with § 5.06.4.k. | No* | No | No | No | Yes* | Yes* | Yes* | No | Yes* |
6A. Life care facilities, incorporating independent apartment living units for elders combined with supportive medical, nursing or other shared facilities. *Allowed by special permit only on lots greater than 5 acres, but within the Fisher Hill Special Overlay District, the minimum lot size shall be 3 acres. | SP* | SP* | SP* | SP* | SP | Yes | Yes | No | No |
6B. Dwelling, Live/Work Space *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | No | No | No | No* |
6E. Multifamily Housing: A building with 3 or more residential Dwelling Units or 2 or more buildings on the same lot with more than 1 residential Dwelling Unit in each building. * Allowed only within the MBTA-CA Multifamily Overlay District, subject to compliance with § 5.06.4.o. | No | No | No | No | Yes* | No | No | No | No |
7. Lodging House, licensed*. *License is from Select Board members and conformance to Brookline Lodging House Regulations required. | No | No | No | SP | SP | SP | SP | No | No |
8. Hotel *Permitted by special permit in M-2.5 Districts and in business districts only if the hotel building is not within 50 feet from a lot or lots in an S, SC, or T District. **Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No* | No | SP* | No | No** |
8A. Limited Service Hotel *Permitted by Special permit in M-2.5 and in the Cleveland Circle Hotel Overlay District and I-(EISD) District. **Permitted as of right only in the G-1.75 (LSH) Limited Service Hotel District, provided that the applicant for a building permit certifies to the Building Commissioner that (a) at least 20% of all on-site parking spaces will be available for overnight public parking at prevailing overnight public rates, (b) that all on-site parking spaces will be available between 8:00 a.m. and 6:00 p.m. at prevailing public meter rates and (c) at least 25% of the lot area is to be used for open space open to the public. Otherwise such use shall be by special permit in business districts only if the hotel building is not within 50 feet from a lot or lots in an S, SC or T District. Permitted by Special Permit in G-(DP) District in accordance with Section 5.06.4.g. | No | No | No | No | No* | No* | Yes** | No | No |
INSTITUTIONAL, RECREATIONAL & EDUCATIONAL USES | |||||||||
9. Places of worship and other religious uses exempt from use regulation by The Zoning Act, M.G.L. Ch. 40A, § 3. | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
10. Educational uses exempt from use regulation by The Zoning Act, Ch. 40A, § 3. | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
11. Library or museum, open to the public or connected with a permitted educational use, and not conducted as a private gainful business. | SP | SP | SP | SP | Yes | Yes | Yes | Yes | Yes |
12. Recreational facility owned or operated by an agency of the Town or other government. | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
13. Recreational facility owned or operated by a non-government agency, subject to the following provisions: (a) The use shall not be conducted as a private gainful business. (b) No outdoor active recreation area or parking area shall be located nearer to any lot line than the required front yard depth. (c) Indoor or outdoor noisy activities such as bowling or gymnasium shall be at least 100 feet from any lot line and sound-insulated to meet the approval of the Board of Appeals so as to protect the neighborhood from inappropriate noise in any season. | SP | SP | SP | SP | SP | Yes | Yes | Yes | Yes |
14. Adult education center or other similar educational facility other than Use 10, community center, meeting hall, or other similar facility, subject to the same limitations as specified in Use 13. | SP | SP | SP | SP | SP | Yes | Yes | Yes | Yes |
15. Day care center defined as any facility operated on a regular basis, whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, or preschool, or known under any other name, which receives children not of common parentage, under seven years of age, or under sixteen years of age if such children have special needs, for nonresidential custody and care during part or all of the day separate from their parents. Day care center shall not include any religious or educational use exempt from use regulation by The Zoning Act, M.G.L. ch. 40A, § 3, a family day care home, or other facility or program excluded from the definitions of "child care center" and "school-aged child care program" in M.G.L. ch. 15D, § 1A. *A day care center shall be licensed in accordance with M.G.L. chapter 28A, § 10. If such a facility has an outdoor play area, that area shall be screened from any lot line and from any residential structure on an adjoining lot to avoid a noise nuisance. If such a facility requires the use of a public play area, the Director of Parks and Open Space and the Director of Public Health, or designees, shall be required to approve the availability and use of the public space. | Yes* | Yes* | Yes* | Yes* | Yes* | Yes* | Yes* | Yes* | Yes* |
16. Entertainment and recreation facilities operated as a gainful business, including but not limited to bowling alley, theater, and concert hall, provided that such use is housed in a structure sufficiently sound-insulated so as to protect the neighborhood from inappropriate noise in any season. | No | No | No | No | No | No | SP | No | SP |
17. Trade, professional or other school conducted as a private gainful business, excluding noisy accessory uses. | No | No | No | No | No | No | Yes | Yes | Yes |
18. Private Club or Lodge a) Health and fitness club, over 2,500 s.f. of gross floor area operated for profit and for members only, solely for the purpose of providing physical fitness, exercise, therapy, rehabilitation and/or health services. | No | No | No | No | No | SP | SP | SP | SP |
b) Private club or lodge, operated not for profit and for members only, other than use 13. | No | No | No | No | No | Yes | Yes | Yes | Yes |
18A. Small group health and fitness club not exceeding 2,500 square feet of gross floor area operated for profit and for members only, solely for the purpose of providing physical fitness, exercise, therapy, rehabilitation and/or health services. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | Yes | Yes | Yes | Yes* |
19. Licensed hospital or other licensed establishment for the care of sick, crippled, or convalescent persons. *Not permitted in M-0.5 Districts. Permitted as of right (i.e. classification "Yes") with respect to any such hospital or establishment for which a building permit application has been filed with the Building Commissioner on or before the date of the adoption of this amendment by the Town Meeting, November 14, 1967. | No | No | No | No | SP* | No | No | No | No |
OFFICE USES | |||||||||
20. Office or clinic for medical or dental examination or treatment of persons as out-patients, including laboratories incidental thereto. *Permitted by special permit in new residential construction in M-2.5 districts up to a maximum of 20% of total gross floor area. | No | No | No | No | No* | Yes | Yes | Yes | Yes |
20A. Office or clinic of a licensed veterinarian for treatment of animals, including laboratories and holding facilities. No outdoor facilities for animals shall be permitted. Studies by recognized experts shall be submitted to insure, to the satisfaction of the Board of Appeals, that the use will be constructed so as to safeguard nearby properties against undue noise, odor and improper waste disposal. *Verification of noise control shall include verification by a professional engineer (P.E.), utilizing an acoustical engineer under their supervision if necessary, that under worst-case (e.g., maximum number of animals, open windows if applicable) conditions neither daytime nor nighttime background noise levels, as defined in Article 8.15.3 of the Town By-Laws, will be exceeded at the boundary of the property where the use is located. Moreover, as a condition of a Special Permit, the ZBA shall require that further noise control measures be undertaken in the future if such background noise levels are exceeded during operation of the facility. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | SP* | SP | SP | SP** |
20B. Medical Marijuana Treatment Centers (see Section 4.13 for applicable definition), and uses analogous to Marijuana Retailer Uses Only | No | No | No | No | No | No | SP*2 | SP*2 | SP* |
20C. Marijuana Couriers and Marijuana Transporters *To be eligible for a special permit under Use 20C, the requirements under Sec. 4.13, Marijuana Establishments, shall be met. | No | No | No | No | No | SP*1 | SP*1 | SP*1 | SP*1 |
20D. Marijuana Delivery Operators *To be eligible for a special permit under Use 20D, the requirements under Sec. 4.13, Marijuana Establishments, shall be met. | No | No | No | No | No | No | No | SP*1 | SP*1 |
21. Business, professional, or governmental office other than Use 20, 20A and 20B. *Provided no commodities are kept for sale on the premises. | No | No | No | No | No | Yes | Yes | Yes* | Yes |
AUTOMOTIVE SERVICE USES (SUBJECT TO ARTICLE VI) | |||||||||
22. Residential parking garage or parking area, whether as the sole use of a lot or as a secondary use, solely for the storage of cars of residents of other lots located within 1,400 feet. *By right for five or fewer spaces. | No* | No* | SP* | SP* | SP* | Yes | Yes | Yes | Yes |
22A. Parking garage or parking area for vehicles with a Gross Vehicle Weight Rating (GVWR) of no more than 6,000 pounds and satisfies paragraphs (a) to (e) of the definition of non-commercial motor vehicles, owned by a Car Sharing Organization (CSO), allowed whether as the sole use of a lot or as a secondary use, for up to 10% of the total on-site parking spaces, unless otherwise noted. All open air parking lots with CSO vehicles require an Open Air Parking Lot License to be valid for zoning purposes. A special permit is required for any CSO spaces that are not in an open air parking lot. See § 6.01.5. *Where the use of a lot is a single, two, or three-family dwelling, one CSO parking space may be allowed by special permit only. For other uses, up to 10% of parking spaces on a lot are allowed by right for CSO vehicles, and an additional 2 CSO spaces are allowed by special permit beyond the 10% cap, but in no case shall there by a total of more than 4 CSO vehicles allowed. | Yes or SP* | Yes or SP* | Yes or SP* | Yes or SP* | Yes or SP* | Yes or SP* | Yes or SP* | Yes or SP* | Yes or SP* |
23. Parking area abutting or across the street from a non-residence district, for the parking of passenger cars of tenants, employees, customers, or guests of buildings or establishments in the adjoining non-residence district, provided no sales or service operations are performed. | No | No | SP | SP | SP | Yes | Yes | Yes | Yes |
24. Non-residential parking garage or parking area, other than Use 23. *Municipal parking facilities permitted in the district. | No | No | No* | No* | No* | Yes | Yes | No* | Yes |
25. Gasoline service station. | No | No | No | No | No | SP | SP | No | SP |
25A. Partially self-service gasoline stations. | No | No | No | No | No | SP | SP | No | SP |
26. Sale or rental of automobiles and other motor vehicles, or tires or other motor vehicle accessories, and accessory storage conducted entirely within an enclosed structure, provided any accessory repair operations shall be sufficiently sound-insulated to protect the neighborhood from inappropriate noise; and any flashing, fumes, gases, smoke, and vapor shall be effectively confined to the premises. | No | No | No | No | No | No | Yes | No | Yes |
27. Outdoor storage of vehicles for sale or rent. | No | No | No | No | No | No | No | No | SP |
28. Repair garage located principally within an enclosed structure, provided repair operations shall be sufficiently sound-insulated to protect the neighborhood from inappropriate noise, and any flashing, fumes, gases, smoke, and vapor shall be effectively confined to the premises; and provided all storage shall be within the structure. *Permitted by right if a municipal facility or portion thereof. | No | No | No | No | No | No | SP | No | SP* |
28A. Car washing facility, either as a principal or an accessory use. | No | No | No | No | No | No | No | No | No |
RETAIL AND CONSUMER SERVICE USES | |||||||||
29. Store of less than 5,000 square feet of gross floor area per establishment, primarily serving the local retail business needs of the residents of the vicinity, including but not limited to grocer, baker, food store, package store; dry goods, variety, clothing; hardware, paint, household appliances; books, tobacco, flowers, drugs. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | Yes | Yes | No | Yes* |
29A. Storefront Marijuana Retailers, stores of less than 5,000 square feet of gross floor area per establishment *Permitted by special permit pursuant to Section 4.13, Marijuana Establishments | No | No | No | No | No | SP*1,2 | SP*1,2 | No | SP*1 |
29A. Firearm Business Uses* *Must have a report from the Police Chief. Subject to the regulations under Section 4.14 of the Zoning By-law. [Editorial Note: Use 29A, Firearms Use, should be numbered 29AA.] | No | No | No | No | No | No | SP | No | No |
29B. Social Consumption Marijuana Retailers *Permitted by special permit pursuant to Section 4.13, Marijuana Establishments, only in the event of a Town-wide vote approving on-site consumption pursuant to M.G.L. c.94G, § 3(b). | No | No | No | No | No | SP*1,2 | SP*1,2 | No | SP*1 |
30. Eating places of less than 5,000 square feet of gross floor area per establishment, primarily serving local needs, including but not limited to lunch room, restaurant, cafeteria, place for the sale and consumption of beverages, ice cream and the like, primarily in enclosed structures with no dancing, nor entertainment other than music. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | Yes | Yes | No | Yes* |
31. Bank. | No | No | No | No | No | Yes | Yes | Yes | Yes |
32. Service business primarily serving local needs, including but not limited to the following uses: (a) Barber, beauty shop, laundry and dry-cleaning pickup agency, shoe repair, self-service laundry, or other similar use. (b) Hand laundry, dry-cleaning or tailoring, or other similar use, provided, in L and G Districts, personnel is limited to five persons at any one time. (c) Printing shop, photographer's studio, caterer, or other similar use, provided, in L and G Districts, personnel is limited to five persons at any one time. *Permitted by special permit in an M-1.0 (CAM) District. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No* | Yes | Yes | No | Yes** |
32A. Domestic Household Animal Day Care Center, including grooming, training, walking and other accessory services, and excluding overnight kenneling. No outdoor facilities for the animals shall be permitted. Studies by recognized experts shall be submitted to ensure, to the satisfaction of the Board of Appeals, that the use will be constructed so as to safeguard nearby properties against undue noise, odor and improper waste disposal. A recommendation from the Director of Public Health shall be required to address the size and location of the facility and any potential impacts. Additionally, annual licenses issued by the licensing authority are required, with the recommendation of the Director of Public Health, the Police Department's Animal Control Officer, and the Director of Parks and Open Space. | No | No | No | No | No | SP | SP | No | SP |
33. Stores not exceeding 10,000 square feet of gross floor area serving the general retail needs of a major part of the Town, including but not limited to general merchandise department store, furniture and household goods. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | No | Yes | No | No* |
33A. Stores over 10,000 square feet of gross floor area serving the general retail needs of a major part of the Town, including but not limited to general merchandise department store, supermarket, grocery store, furniture and household goods. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | No | SP | No | SP* |
34. Place for the sale and consumption of food and beverages exceeding 5,000 square feet of gross floor area, or providing dancing and entertainment. *Permitted by Special Permit in the Cleveland Circle Hotel Overlay District. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | No* | Yes | No | Yes** |
35. Office, display or sales space of a wholesale, jobbing, or distributing establishment, provided that no more than 25 per cent of floor space is used for assembling, packaging, and storing of commodities. | No | No | No | No | No | No | Yes | No | Yes |
36. Radio or television studio, without transmitting facilities. | No | No | No | No | No | No | Yes | Yes | Yes |
36A. Research laboratory for scientific or medical research not involving noxious or hazardous substances or processes, provided that the use is operated in compliance with all applicable town, state, and federal health and safety laws and regulations. At least 30 days prior to the Board of Appeals hearing, the applicant shall submit studies by recognized experts to insure, to the satisfaction of the Board of Appeals, that the use will be designed and operated so as to conform to the standards above. Such studies shall include description of operations and processes proposed, materials to be used, above-and-below-ground storage facilities, and waste products. Any applications, including the required studies, shall be referred to the Conservation Commission and the Health Department for advisory reports in accordance with the procedures in § 9.04. | No | No | No | No | No | No | SP | SP | SP |
36B. Research laboratory for scientific or medical research, with a Biosafety Level of Level 1 or Level 2 as defined by the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, and National Institutes of Health, provided the use is located on a lot with no less than 50,000 square feet and no more than 65,000 square feet in area and is operated in compliance with all town, state and federal health and safety regulations, and that thirty days prior to a Board of Appeals hearing on the use, and annually, a report detailing hazardous materials operations, processes, disposal and storage shall be reviewed and approved in writing by an independent recognized expert, the Fire Chief and Director of Public Health and Human Services. *Permitted by Special Permit only in a GMR-2.0 district. | No | No | No | No | No | No | SP* | No | No |
36C. Marijuana Independent Testing Laboratories, Marijuana Standards Laboratories, and Marijuana Research Facilities *To be eligible for a special permit under Use 36C, the requirements under Sec. 4.13, Marijuana Establishments, and Use 36A. and 36B., restrictions on Marijuana Research Laboratories, shall be met. | No | No | No | No | No | No | SP*1,2 | SP*1,2 | SP*1 |
37. Mortuary, undertaking or funeral establishment. | No | No | No | No | No | SP | SP | No | SP |
38A. Agriculture, horticulture or floriculture on parcels of more than five acres, subject to the regulations specified in Use 57, and not including the retail sale of products or services. | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
38B. Agriculture, horticulture or floriculture on parcels of not more than five acres as a principal use. | No | No | No | No | No | No | No | No | No |
38C. Open-air use, other than commercial recreation facilities, seasonal outdoor seating for a licensed Food Vendor as defined in Article 8.10 of the Town's General By-Laws, and Uses 22 to 28. Use 38C shall include but not be limited to the sale of flowers, garden supplies, or agricultural produce. | No | No | No | No | No | SP | SP | No | Yes |
38D. Marijuana Cultivators *Permitted by special permit pursuant to Section 4.13, Marijuana Establishments | No | No | No | No | No | SP*1,2 | SP*1,2 | SP*1,2 | SP*1 |
39. Drive-in use, other than Uses 22 to 28 inclusive, including only those uses permitted in Uses 29 to 32 inclusive. | No | No | No | No | No | SP | SP | No | SP |
UTILITIES AND COMMUNICATION | |||||||||
40. Transformer station, substation, pumping station or automatic telephone exchange, provided that in a residence district such public service building is essential to service such residential area, and that no public business office nor any storage yard or storage building is operated in connection with it. | SP | SP | SP | SP | SP | Yes | Yes | Yes | Yes |
40A. Dish antenna not larger than 3 feet in diameter, provided it is not located in a front yard and it conforms to setback requirements for accessory structures. | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
40B. Dish antenna larger than 3 feet in diameter, provided it is not located in a front yard, it conforms to setback requirements for accessory structures, and it is located and/or screened so that it is not visible from nearby streets or properties within a 200 foot radius at ground level. *Permitted use for public agencies of the Town of Brookline and the Town's CATV licensee, provided the use is approved by the Select Board after public hearing. | No* | No* | No* | No* | SP* | SP* | SP* | SP* | SP* |
40C. Wireless Telecommunication Services, See § 4.09 for use regulations. | |||||||||
40D. Ground Solar Photovoltaic Installation, Large or Small *Permitted in the Renewable Energy Overlay District under site plan review. See Section 5.06.4.h for use regulations. | No | No | No | No | No | No | No | No | No |
41. Fire station. | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
INDUSTRIAL USES | |||||||||
42. Steam laundry or dry cleaning plant.* (*See Asterisk After Use 46) | No | No | No | No | No | No | No | No | Yes |
43. Wholesale business and storage, in a roofed structure.* (*See Asterisk After Use 46) | No | No | No | No | No | No | No | No | Yes |
44. Plumbing shop, carpentry shop, other similar service or repair establishment.* **Permitted by special permit in an M-1.0 (CAM) District. (*See Asterisk After Use 46) | No | No | No | No | No** | SP | SP | No | Yes |
45. Printing and publishing.* (*See Asterisk After Use 46) | No | No | No | No | No | No | No | No | Yes |
46. Light non-nuisance manufacturing, provided that all resulting particulate matter, flashing light, fumes, gases, odors, liquid and/or solid wastes, smoke, and vapor are effectively confined to the premises or disposed of in a manner so as not to create a nuisance or hazard to safety or health and in compliance with all applicable town, state, and federal laws and regulations; further provided that no vibration is perceptible without instruments at a distance greater than 50 feet from such premises and that noise limits shall conform to the Town's Noise By-law. At least 30 days prior to the Board of Appeals hearing, the applicant shall submit studies by recognized experts to insure, to the satisfaction of the Board of Appeals, that the use will be designed and operated so as to conform to the standards above. Such studies shall include description of operations and processes proposed, materials to be used, above-and-below-ground storage facilities, and waste products. Any applications, including the required studies, shall be referred to the Conservation Commission and the Health Department for advisory reports in accordance with the procedures in § 9.04.* *For uses 42 to 46 inclusive, all storage of materials and equipment and all business operations, such as loading, parking, and storage of commercial vehicles, shall be within an enclosed building. This requirement may be modified by the Board of Appeals by special permit only, provided the requirements of § 6.04, paragraph 8. and § 9.05 are met. Such special permit may be rescinded or modified by the Board of Appeals after notice and hearing if noncompliance with the conditions of approval is determined. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | No | No | No | SP** |
46B. Marijuana Product Manufacturers *Permitted by special permit pursuant to Section 4.13, Marijuana Establishments | No | No | No | No | No | No | No | No | SP*1 |
47. Any trade, industry, or other use that is noxious, offensive, or hazardous by reason of vibration or noise or the emission of odors, dust, gas, fumes, smoke, cinders, flashing or excessively bright light, refuse matter or electromagnetic radiation. | No | No | No | No | No | No | No | No | No |
48. Any advertising sign or device, including off-premises signs and non-accessory signs as defined in this By-law or the Sign By-law of the Town of Brookline. | No | No | No | No | No | No | No | No | No |
49. Any use hazardous to health because of danger of flooding, inadequacy of drainage, high water table, or inaccessibility to fire fighting apparatus or other protective services. | No | No | No | No | No | No | No | No | No |
49A. In locations subject to periodic or occasional flooding by water from streams or brooks, including but not limited to the Floodplain Overlay District which is defined as all areas in the Floodplain District Boundaries in § 4.10, any structure erected or any filling undertaken in such manner as to reduce or impede the run-off of flood waters to an extent that would increase the 1% annual flood chance or the hazard of flood damage (See under 49B.) Please refer to § 4.10, Floodplain Overlay District, of the Zoning Bylaw for flood hazard requirements. Please note that any variance application under this use may also be subject to other local, state, and/or federal regulations and permits. See § 4.10 for more information including additional requirements for a variance. | No | No | No | No | No | No | No | No | No |
49B. Within the Floodplain Overlay District, any Development as defined and regulated in § 4.10. *A special permit is not required if the Floodplain Administrator makes a threshold finding that the Development does not increase flooding or adversely impact flood risks to other properties. Please note that any application under this use may also be subject to other local, state, and/or federal regulations and permits. See § 4.10 for more information including additional requirements for a variance. | SP* | SP* | SP* | SP* | SP* | SP* | SP* | SP* | SP* |
50. Open-lot storage or sale of building material, coal, or other similar materials or junk or salvaged materials. | No | No | No | No | No | No | No | No | No |
50A. Commercial and non-commercial manned aircraft landing areas (including on structures) | No | No | No | No | No | SP | SP | SP | SP |
Principal Uses | Residence | Business | Ind. | ||||||
|---|---|---|---|---|---|---|---|---|---|
S | SC | T | F | M | L | G | O | I | |
RESIDENCE USES | |||||||||
1. Detached dwelling on a separate lot and occupied by not more than one family. | Yes | Yes | Yes | Yes | Yes | Yes | No | Yes | No |
1A. Cluster subdivisions, designed groups of single-family dwellings, and estate conversions permitted pursuant to the regulations and conditions of § 5.11. | SP | SP | No | No | No | No | No | No | No |
2. Detached dwelling on a separate lot originally constructed for single-family occupancy prior to the effective date of this By-law and containing a minimum gross floor area of 2,400 square feet and converted for occupancy by not more than two families, provided there is no external evidence of occupancy by more than one family. | No | Yes | Yes | Yes | Yes | Yes | No | Yes | No |
3. Detached dwelling converted for two-family occupancy conforming to the requirements of the preceding item except that external evidence of conversion is required to conform to other codes. | No | SP | Yes | Yes | Yes | Yes | No | Yes | No |
4. Detached dwelling on a separate lot and occupied by two families, other than Uses 2 and 3 above. | No | No | Yes | Yes | Yes | Yes | No | Yes | No |
4A. Dwelling on a separate lot for three families or attached dwelling on a separate lot for two families. | No | No | No | Yes | Yes | Yes | Yes | No | Yes |
5. Attached dwelling occupied by not more than one family in each unit between side walls, provided that in T Districts no row of such units shall consist of more than two such units or more than three such units in F Districts. *Except as permitted by Use 1A above and § 5.11. | No* | No | SP | SP | SP | SP | No | SP | No |
6. Multiple or attached dwelling of four or more units other than Use 5 or Use 6E divided into dwelling units each occupied by not more than one family but not including lodging house, hotel, dormitory, fraternity or sorority. *Compliance with § 4.08 required if containing 4 or more dwelling units. Permitted by special permit in S-0.5P and S-0.75P Districts subject to § 5.06. In L and G districts, the ground floor of a building must have at least 60% of its frontage along a street, to a depth of at least 15', devoted to uses not to include, residential, residential related and parking. Within the Waldo-Durgin Overlay District, the percentage of such frontage devoted to residential use may be increased by special permit in accordance with § 5.06.4.k. | No* | No | No | No | Yes* | Yes* | Yes* | No | Yes* |
6A. Life care facilities, incorporating independent apartment living units for elders combined with supportive medical, nursing or other shared facilities. *Allowed by special permit only on lots greater than 5 acres, but within the Fisher Hill Special Overlay District, the minimum lot size shall be 3 acres. | SP* | SP* | SP* | SP* | SP | Yes | Yes | No | No |
6B. Dwelling, Live/Work Space *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | No | No | No | No* |
6E. Multifamily Housing: A building with 3 or more residential Dwelling Units or 2 or more buildings on the same lot with more than 1 residential Dwelling Unit in each building. * Allowed only within the MBTA-CA Multifamily Overlay District, subject to compliance with § 5.06.4.o. | No | No | No | No | Yes* | No | No | No | No |
7. Lodging House, licensed*. *License is from Select Board members and conformance to Brookline Lodging House Regulations required. | No | No | No | SP | SP | SP | SP | No | No |
8. Hotel *Permitted by special permit in M-2.5 Districts and in business districts only if the hotel building is not within 50 feet from a lot or lots in an S, SC, or T District. **Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No* | No | SP* | No | No** |
8A. Limited Service Hotel *Permitted by Special permit in M-2.5 and in the Cleveland Circle Hotel Overlay District and I-(EISD) District. **Permitted as of right only in the G-1.75 (LSH) Limited Service Hotel District, provided that the applicant for a building permit certifies to the Building Commissioner that (a) at least 20% of all on-site parking spaces will be available for overnight public parking at prevailing overnight public rates, (b) that all on-site parking spaces will be available between 8:00 a.m. and 6:00 p.m. at prevailing public meter rates and (c) at least 25% of the lot area is to be used for open space open to the public. Otherwise such use shall be by special permit in business districts only if the hotel building is not within 50 feet from a lot or lots in an S, SC or T District. Permitted by Special Permit in G-(DP) District in accordance with Section 5.06.4.g. | No | No | No | No | No* | No* | Yes** | No | No |
INSTITUTIONAL, RECREATIONAL & EDUCATIONAL USES | |||||||||
9. Places of worship and other religious uses exempt from use regulation by The Zoning Act, M.G.L. Ch. 40A, § 3. | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
10. Educational uses exempt from use regulation by The Zoning Act, Ch. 40A, § 3. | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
11. Library or museum, open to the public or connected with a permitted educational use, and not conducted as a private gainful business. | SP | SP | SP | SP | Yes | Yes | Yes | Yes | Yes |
12. Recreational facility owned or operated by an agency of the Town or other government. | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
13. Recreational facility owned or operated by a non-government agency, subject to the following provisions: (a) The use shall not be conducted as a private gainful business. (b) No outdoor active recreation area or parking area shall be located nearer to any lot line than the required front yard depth. (c) Indoor or outdoor noisy activities such as bowling or gymnasium shall be at least 100 feet from any lot line and sound-insulated to meet the approval of the Board of Appeals so as to protect the neighborhood from inappropriate noise in any season. | SP | SP | SP | SP | SP | Yes | Yes | Yes | Yes |
14. Adult education center or other similar educational facility other than Use 10, community center, meeting hall, or other similar facility, subject to the same limitations as specified in Use 13. | SP | SP | SP | SP | SP | Yes | Yes | Yes | Yes |
15. Day care center defined as any facility operated on a regular basis, whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, or preschool, or known under any other name, which receives children not of common parentage, under seven years of age, or under sixteen years of age if such children have special needs, for nonresidential custody and care during part or all of the day separate from their parents. Day care center shall not include any religious or educational use exempt from use regulation by The Zoning Act, M.G.L. ch. 40A, § 3, a family day care home, or other facility or program excluded from the definitions of "child care center" and "school-aged child care program" in M.G.L. ch. 15D, § 1A. *A day care center shall be licensed in accordance with M.G.L. chapter 28A, § 10. If such a facility has an outdoor play area, that area shall be screened from any lot line and from any residential structure on an adjoining lot to avoid a noise nuisance. If such a facility requires the use of a public play area, the Director of Parks and Open Space and the Director of Public Health, or designees, shall be required to approve the availability and use of the public space. | Yes* | Yes* | Yes* | Yes* | Yes* | Yes* | Yes* | Yes* | Yes* |
16. Entertainment and recreation facilities operated as a gainful business, including but not limited to bowling alley, theater, and concert hall, provided that such use is housed in a structure sufficiently sound-insulated so as to protect the neighborhood from inappropriate noise in any season. | No | No | No | No | No | No | SP | No | SP |
17. Trade, professional or other school conducted as a private gainful business, excluding noisy accessory uses. | No | No | No | No | No | No | Yes | Yes | Yes |
18. Private Club or Lodge a) Health and fitness club, over 2,500 s.f. of gross floor area operated for profit and for members only, solely for the purpose of providing physical fitness, exercise, therapy, rehabilitation and/or health services. | No | No | No | No | No | SP | SP | SP | SP |
b) Private club or lodge, operated not for profit and for members only, other than use 13. | No | No | No | No | No | Yes | Yes | Yes | Yes |
18A. Small group health and fitness club not exceeding 2,500 square feet of gross floor area operated for profit and for members only, solely for the purpose of providing physical fitness, exercise, therapy, rehabilitation and/or health services. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | Yes | Yes | Yes | Yes* |
19. Licensed hospital or other licensed establishment for the care of sick, crippled, or convalescent persons. *Not permitted in M-0.5 Districts. Permitted as of right (i.e. classification "Yes") with respect to any such hospital or establishment for which a building permit application has been filed with the Building Commissioner on or before the date of the adoption of this amendment by the Town Meeting, November 14, 1967. | No | No | No | No | SP* | No | No | No | No |
OFFICE USES | |||||||||
20. Office or clinic for medical or dental examination or treatment of persons as out-patients, including laboratories incidental thereto. *Permitted by special permit in new residential construction in M-2.5 districts up to a maximum of 20% of total gross floor area. | No | No | No | No | No* | Yes | Yes | Yes | Yes |
20A. Office or clinic of a licensed veterinarian for treatment of animals, including laboratories and holding facilities. No outdoor facilities for animals shall be permitted. Studies by recognized experts shall be submitted to insure, to the satisfaction of the Board of Appeals, that the use will be constructed so as to safeguard nearby properties against undue noise, odor and improper waste disposal. *Verification of noise control shall include verification by a professional engineer (P.E.), utilizing an acoustical engineer under their supervision if necessary, that under worst-case (e.g., maximum number of animals, open windows if applicable) conditions neither daytime nor nighttime background noise levels, as defined in Article 8.15.3 of the Town By-Laws, will be exceeded at the boundary of the property where the use is located. Moreover, as a condition of a Special Permit, the ZBA shall require that further noise control measures be undertaken in the future if such background noise levels are exceeded during operation of the facility. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | SP* | SP | SP | SP** |
20B. Medical Marijuana Treatment Centers (see Section 4.13 for applicable definition), and uses analogous to Marijuana Retailer Uses Only | No | No | No | No | No | No | SP*2 | SP*2 | SP* |
20C. Marijuana Couriers and Marijuana Transporters *To be eligible for a special permit under Use 20C, the requirements under Sec. 4.13, Marijuana Establishments, shall be met. | No | No | No | No | No | SP*1 | SP*1 | SP*1 | SP*1 |
20D. Marijuana Delivery Operators *To be eligible for a special permit under Use 20D, the requirements under Sec. 4.13, Marijuana Establishments, shall be met. | No | No | No | No | No | No | No | SP*1 | SP*1 |
21. Business, professional, or governmental office other than Use 20, 20A and 20B. *Provided no commodities are kept for sale on the premises. | No | No | No | No | No | Yes | Yes | Yes* | Yes |
AUTOMOTIVE SERVICE USES (SUBJECT TO ARTICLE VI) | |||||||||
22. Residential parking garage or parking area, whether as the sole use of a lot or as a secondary use, solely for the storage of cars of residents of other lots located within 1,400 feet. *By right for five or fewer spaces. | No* | No* | SP* | SP* | SP* | Yes | Yes | Yes | Yes |
22A. Parking garage or parking area for vehicles with a Gross Vehicle Weight Rating (GVWR) of no more than 6,000 pounds and satisfies paragraphs (a) to (e) of the definition of non-commercial motor vehicles, owned by a Car Sharing Organization (CSO), allowed whether as the sole use of a lot or as a secondary use, for up to 10% of the total on-site parking spaces, unless otherwise noted. All open air parking lots with CSO vehicles require an Open Air Parking Lot License to be valid for zoning purposes. A special permit is required for any CSO spaces that are not in an open air parking lot. See § 6.01.5. *Where the use of a lot is a single, two, or three-family dwelling, one CSO parking space may be allowed by special permit only. For other uses, up to 10% of parking spaces on a lot are allowed by right for CSO vehicles, and an additional 2 CSO spaces are allowed by special permit beyond the 10% cap, but in no case shall there by a total of more than 4 CSO vehicles allowed. | Yes or SP* | Yes or SP* | Yes or SP* | Yes or SP* | Yes or SP* | Yes or SP* | Yes or SP* | Yes or SP* | Yes or SP* |
23. Parking area abutting or across the street from a non-residence district, for the parking of passenger cars of tenants, employees, customers, or guests of buildings or establishments in the adjoining non-residence district, provided no sales or service operations are performed. | No | No | SP | SP | SP | Yes | Yes | Yes | Yes |
24. Non-residential parking garage or parking area, other than Use 23. *Municipal parking facilities permitted in the district. | No | No | No* | No* | No* | Yes | Yes | No* | Yes |
25. Gasoline service station. | No | No | No | No | No | SP | SP | No | SP |
25A. Partially self-service gasoline stations. | No | No | No | No | No | SP | SP | No | SP |
26. Sale or rental of automobiles and other motor vehicles, or tires or other motor vehicle accessories, and accessory storage conducted entirely within an enclosed structure, provided any accessory repair operations shall be sufficiently sound-insulated to protect the neighborhood from inappropriate noise; and any flashing, fumes, gases, smoke, and vapor shall be effectively confined to the premises. | No | No | No | No | No | No | Yes | No | Yes |
27. Outdoor storage of vehicles for sale or rent. | No | No | No | No | No | No | No | No | SP |
28. Repair garage located principally within an enclosed structure, provided repair operations shall be sufficiently sound-insulated to protect the neighborhood from inappropriate noise, and any flashing, fumes, gases, smoke, and vapor shall be effectively confined to the premises; and provided all storage shall be within the structure. *Permitted by right if a municipal facility or portion thereof. | No | No | No | No | No | No | SP | No | SP* |
28A. Car washing facility, either as a principal or an accessory use. | No | No | No | No | No | No | No | No | No |
RETAIL AND CONSUMER SERVICE USES | |||||||||
29. Store of less than 5,000 square feet of gross floor area per establishment, primarily serving the local retail business needs of the residents of the vicinity, including but not limited to grocer, baker, food store, package store; dry goods, variety, clothing; hardware, paint, household appliances; books, tobacco, flowers, drugs. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | Yes | Yes | No | Yes* |
29A. Storefront Marijuana Retailers, stores of less than 5,000 square feet of gross floor area per establishment *Permitted by special permit pursuant to Section 4.13, Marijuana Establishments | No | No | No | No | No | SP*1,2 | SP*1,2 | No | SP*1 |
29A. Firearm Business Uses* *Must have a report from the Police Chief. Subject to the regulations under Section 4.14 of the Zoning By-law. [Editorial Note: Use 29A, Firearms Use, should be numbered 29AA.] | No | No | No | No | No | No | SP | No | No |
29B. Social Consumption Marijuana Retailers *Permitted by special permit pursuant to Section 4.13, Marijuana Establishments, only in the event of a Town-wide vote approving on-site consumption pursuant to M.G.L. c.94G, § 3(b). | No | No | No | No | No | SP*1,2 | SP*1,2 | No | SP*1 |
30. Eating places of less than 5,000 square feet of gross floor area per establishment, primarily serving local needs, including but not limited to lunch room, restaurant, cafeteria, place for the sale and consumption of beverages, ice cream and the like, primarily in enclosed structures with no dancing, nor entertainment other than music. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | Yes | Yes | No | Yes* |
31. Bank. | No | No | No | No | No | Yes | Yes | Yes | Yes |
32. Service business primarily serving local needs, including but not limited to the following uses: (a) Barber, beauty shop, laundry and dry-cleaning pickup agency, shoe repair, self-service laundry, or other similar use. (b) Hand laundry, dry-cleaning or tailoring, or other similar use, provided, in L and G Districts, personnel is limited to five persons at any one time. (c) Printing shop, photographer's studio, caterer, or other similar use, provided, in L and G Districts, personnel is limited to five persons at any one time. *Permitted by special permit in an M-1.0 (CAM) District. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No* | Yes | Yes | No | Yes** |
32A. Domestic Household Animal Day Care Center, including grooming, training, walking and other accessory services, and excluding overnight kenneling. No outdoor facilities for the animals shall be permitted. Studies by recognized experts shall be submitted to ensure, to the satisfaction of the Board of Appeals, that the use will be constructed so as to safeguard nearby properties against undue noise, odor and improper waste disposal. A recommendation from the Director of Public Health shall be required to address the size and location of the facility and any potential impacts. Additionally, annual licenses issued by the licensing authority are required, with the recommendation of the Director of Public Health, the Police Department's Animal Control Officer, and the Director of Parks and Open Space. | No | No | No | No | No | SP | SP | No | SP |
33. Stores not exceeding 10,000 square feet of gross floor area serving the general retail needs of a major part of the Town, including but not limited to general merchandise department store, furniture and household goods. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | No | Yes | No | No* |
33A. Stores over 10,000 square feet of gross floor area serving the general retail needs of a major part of the Town, including but not limited to general merchandise department store, supermarket, grocery store, furniture and household goods. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | No | SP | No | SP* |
34. Place for the sale and consumption of food and beverages exceeding 5,000 square feet of gross floor area, or providing dancing and entertainment. *Permitted by Special Permit in the Cleveland Circle Hotel Overlay District. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | No* | Yes | No | Yes** |
35. Office, display or sales space of a wholesale, jobbing, or distributing establishment, provided that no more than 25 per cent of floor space is used for assembling, packaging, and storing of commodities. | No | No | No | No | No | No | Yes | No | Yes |
36. Radio or television studio, without transmitting facilities. | No | No | No | No | No | No | Yes | Yes | Yes |
36A. Research laboratory for scientific or medical research not involving noxious or hazardous substances or processes, provided that the use is operated in compliance with all applicable town, state, and federal health and safety laws and regulations. At least 30 days prior to the Board of Appeals hearing, the applicant shall submit studies by recognized experts to insure, to the satisfaction of the Board of Appeals, that the use will be designed and operated so as to conform to the standards above. Such studies shall include description of operations and processes proposed, materials to be used, above-and-below-ground storage facilities, and waste products. Any applications, including the required studies, shall be referred to the Conservation Commission and the Health Department for advisory reports in accordance with the procedures in § 9.04. | No | No | No | No | No | No | SP | SP | SP |
36B. Research laboratory for scientific or medical research, with a Biosafety Level of Level 1 or Level 2 as defined by the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, and National Institutes of Health, provided the use is located on a lot with no less than 50,000 square feet and no more than 65,000 square feet in area and is operated in compliance with all town, state and federal health and safety regulations, and that thirty days prior to a Board of Appeals hearing on the use, and annually, a report detailing hazardous materials operations, processes, disposal and storage shall be reviewed and approved in writing by an independent recognized expert, the Fire Chief and Director of Public Health and Human Services. *Permitted by Special Permit only in a GMR-2.0 district. | No | No | No | No | No | No | SP* | No | No |
36C. Marijuana Independent Testing Laboratories, Marijuana Standards Laboratories, and Marijuana Research Facilities *To be eligible for a special permit under Use 36C, the requirements under Sec. 4.13, Marijuana Establishments, and Use 36A. and 36B., restrictions on Marijuana Research Laboratories, shall be met. | No | No | No | No | No | No | SP*1,2 | SP*1,2 | SP*1 |
37. Mortuary, undertaking or funeral establishment. | No | No | No | No | No | SP | SP | No | SP |
38A. Agriculture, horticulture or floriculture on parcels of more than five acres, subject to the regulations specified in Use 57, and not including the retail sale of products or services. | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
38B. Agriculture, horticulture or floriculture on parcels of not more than five acres as a principal use. | No | No | No | No | No | No | No | No | No |
38C. Open-air use, other than commercial recreation facilities, seasonal outdoor seating for a licensed Food Vendor as defined in Article 8.10 of the Town's General By-Laws, and Uses 22 to 28. Use 38C shall include but not be limited to the sale of flowers, garden supplies, or agricultural produce. | No | No | No | No | No | SP | SP | No | Yes |
38D. Marijuana Cultivators *Permitted by special permit pursuant to Section 4.13, Marijuana Establishments | No | No | No | No | No | SP*1,2 | SP*1,2 | SP*1,2 | SP*1 |
39. Drive-in use, other than Uses 22 to 28 inclusive, including only those uses permitted in Uses 29 to 32 inclusive. | No | No | No | No | No | SP | SP | No | SP |
UTILITIES AND COMMUNICATION | |||||||||
40. Transformer station, substation, pumping station or automatic telephone exchange, provided that in a residence district such public service building is essential to service such residential area, and that no public business office nor any storage yard or storage building is operated in connection with it. | SP | SP | SP | SP | SP | Yes | Yes | Yes | Yes |
40A. Dish antenna not larger than 3 feet in diameter, provided it is not located in a front yard and it conforms to setback requirements for accessory structures. | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
40B. Dish antenna larger than 3 feet in diameter, provided it is not located in a front yard, it conforms to setback requirements for accessory structures, and it is located and/or screened so that it is not visible from nearby streets or properties within a 200 foot radius at ground level. *Permitted use for public agencies of the Town of Brookline and the Town's CATV licensee, provided the use is approved by the Select Board after public hearing. | No* | No* | No* | No* | SP* | SP* | SP* | SP* | SP* |
40C. Wireless Telecommunication Services, See § 4.09 for use regulations. | |||||||||
40D. Ground Solar Photovoltaic Installation, Large or Small *Permitted in the Renewable Energy Overlay District under site plan review. See Section 5.06.4.h for use regulations. | No | No | No | No | No | No | No | No | No |
41. Fire station. | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
INDUSTRIAL USES | |||||||||
42. Steam laundry or dry cleaning plant.* (*See Asterisk After Use 46) | No | No | No | No | No | No | No | No | Yes |
43. Wholesale business and storage, in a roofed structure.* (*See Asterisk After Use 46) | No | No | No | No | No | No | No | No | Yes |
44. Plumbing shop, carpentry shop, other similar service or repair establishment.* **Permitted by special permit in an M-1.0 (CAM) District. (*See Asterisk After Use 46) | No | No | No | No | No** | SP | SP | No | Yes |
45. Printing and publishing.* (*See Asterisk After Use 46) | No | No | No | No | No | No | No | No | Yes |
46. Light non-nuisance manufacturing, provided that all resulting particulate matter, flashing light, fumes, gases, odors, liquid and/or solid wastes, smoke, and vapor are effectively confined to the premises or disposed of in a manner so as not to create a nuisance or hazard to safety or health and in compliance with all applicable town, state, and federal laws and regulations; further provided that no vibration is perceptible without instruments at a distance greater than 50 feet from such premises and that noise limits shall conform to the Town's Noise By-law. At least 30 days prior to the Board of Appeals hearing, the applicant shall submit studies by recognized experts to insure, to the satisfaction of the Board of Appeals, that the use will be designed and operated so as to conform to the standards above. Such studies shall include description of operations and processes proposed, materials to be used, above-and-below-ground storage facilities, and waste products. Any applications, including the required studies, shall be referred to the Conservation Commission and the Health Department for advisory reports in accordance with the procedures in § 9.04.* *For uses 42 to 46 inclusive, all storage of materials and equipment and all business operations, such as loading, parking, and storage of commercial vehicles, shall be within an enclosed building. This requirement may be modified by the Board of Appeals by special permit only, provided the requirements of § 6.04, paragraph 8. and § 9.05 are met. Such special permit may be rescinded or modified by the Board of Appeals after notice and hearing if noncompliance with the conditions of approval is determined. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | No | No | No | SP** |
46B. Marijuana Product Manufacturers *Permitted by special permit pursuant to Section 4.13, Marijuana Establishments | No | No | No | No | No | No | No | No | SP*1 |
47. Any trade, industry, or other use that is noxious, offensive, or hazardous by reason of vibration or noise or the emission of odors, dust, gas, fumes, smoke, cinders, flashing or excessively bright light, refuse matter or electromagnetic radiation. | No | No | No | No | No | No | No | No | No |
48. Any advertising sign or device, including off-premises signs and non-accessory signs as defined in this By-law or the Sign By-law of the Town of Brookline. | No | No | No | No | No | No | No | No | No |
49. Any use hazardous to health because of danger of flooding, inadequacy of drainage, high water table, or inaccessibility to fire fighting apparatus or other protective services. | No | No | No | No | No | No | No | No | No |
49A. In locations subject to periodic or occasional flooding by water from streams or brooks, including but not limited to the Floodplain Overlay District which is defined as all areas in the Floodplain District Boundaries in § 4.10, any structure erected or any filling undertaken in such manner as to reduce or impede the run-off of flood waters to an extent that would increase the 1% annual flood chance or the hazard of flood damage (See under 49B.) Please refer to § 4.10, Floodplain Overlay District, of the Zoning Bylaw for flood hazard requirements. Please note that any variance application under this use may also be subject to other local, state, and/or federal regulations and permits. See § 4.10 for more information including additional requirements for a variance. | No | No | No | No | No | No | No | No | No |
49B. Within the Floodplain Overlay District, any Development as defined and regulated in § 4.10. *A special permit is not required if the Floodplain Administrator makes a threshold finding that the Development does not increase flooding or adversely impact flood risks to other properties. Please note that any application under this use may also be subject to other local, state, and/or federal regulations and permits. See § 4.10 for more information including additional requirements for a variance. | SP* | SP* | SP* | SP* | SP* | SP* | SP* | SP* | SP* |
50. Open-lot storage or sale of building material, coal, or other similar materials or junk or salvaged materials. | No | No | No | No | No | No | No | No | No |
50A. Commercial and non-commercial manned aircraft landing areas (including on structures) | No | No | No | No | No | SP | SP | SP | SP |
Principal Uses | Residence | Business | Ind. | ||||||
|---|---|---|---|---|---|---|---|---|---|
S | SC | T | F | M | L | G | O | I | |
RESIDENCE USES | |||||||||
1. Detached dwelling on a separate lot and occupied by not more than one family. | Yes | Yes | Yes | Yes | Yes | Yes | No | Yes | No |
1A. Cluster subdivisions, designed groups of single-family dwellings, and estate conversions permitted pursuant to the regulations and conditions of § 5.11. | SP | SP | No | No | No | No | No | No | No |
2. Detached dwelling on a separate lot originally constructed for single-family occupancy prior to the effective date of this By-law and containing a minimum gross floor area of 2,400 square feet and converted for occupancy by not more than two families, provided there is no external evidence of occupancy by more than one family. | No | Yes | Yes | Yes | Yes | Yes | No | Yes | No |
3. Detached dwelling converted for two-family occupancy conforming to the requirements of the preceding item except that external evidence of conversion is required to conform to other codes. | No | SP | Yes | Yes | Yes | Yes | No | Yes | No |
4. Detached dwelling on a separate lot and occupied by two families, other than Uses 2 and 3 above. | No | No | Yes | Yes | Yes | Yes | No | Yes | No |
4A. Dwelling on a separate lot for three families or attached dwelling on a separate lot for two families. | No | No | No | Yes | Yes | Yes | Yes | No | Yes |
5. Attached dwelling occupied by not more than one family in each unit between side walls, provided that in T Districts no row of such units shall consist of more than two such units or more than three such units in F Districts. *Except as permitted by Use 1A above and § 5.11. | No* | No | SP | SP | SP | SP | No | SP | No |
6. Multiple or attached dwelling of four or more units other than Use 5 or Use 6E divided into dwelling units each occupied by not more than one family but not including lodging house, hotel, dormitory, fraternity or sorority. *Compliance with § 4.08 required if containing 4 or more dwelling units. Permitted by special permit in S-0.5P and S-0.75P Districts subject to § 5.06. In L and G districts, the ground floor of a building must have at least 60% of its frontage along a street, to a depth of at least 15', devoted to uses not to include, residential, residential related and parking. Within the Waldo-Durgin Overlay District, the percentage of such frontage devoted to residential use may be increased by special permit in accordance with § 5.06.4.k. | No* | No | No | No | Yes* | Yes* | Yes* | No | Yes* |
6A. Life care facilities, incorporating independent apartment living units for elders combined with supportive medical, nursing or other shared facilities. *Allowed by special permit only on lots greater than 5 acres, but within the Fisher Hill Special Overlay District, the minimum lot size shall be 3 acres. | SP* | SP* | SP* | SP* | SP | Yes | Yes | No | No |
6B. Dwelling, Live/Work Space *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | No | No | No | No* |
6E. Multifamily Housing: A building with 3 or more residential Dwelling Units or 2 or more buildings on the same lot with more than 1 residential Dwelling Unit in each building. * Allowed only within the MBTA-CA Multifamily Overlay District, subject to compliance with § 5.06.4.o. | No | No | No | No | Yes* | No | No | No | No |
7. Lodging House, licensed*. *License is from Select Board members and conformance to Brookline Lodging House Regulations required. | No | No | No | SP | SP | SP | SP | No | No |
8. Hotel *Permitted by special permit in M-2.5 Districts and in business districts only if the hotel building is not within 50 feet from a lot or lots in an S, SC, or T District. **Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No* | No | SP* | No | No** |
8A. Limited Service Hotel *Permitted by Special permit in M-2.5 and in the Cleveland Circle Hotel Overlay District and I-(EISD) District. **Permitted as of right only in the G-1.75 (LSH) Limited Service Hotel District, provided that the applicant for a building permit certifies to the Building Commissioner that (a) at least 20% of all on-site parking spaces will be available for overnight public parking at prevailing overnight public rates, (b) that all on-site parking spaces will be available between 8:00 a.m. and 6:00 p.m. at prevailing public meter rates and (c) at least 25% of the lot area is to be used for open space open to the public. Otherwise such use shall be by special permit in business districts only if the hotel building is not within 50 feet from a lot or lots in an S, SC or T District. Permitted by Special Permit in G-(DP) District in accordance with Section 5.06.4.g. | No | No | No | No | No* | No* | Yes** | No | No |
INSTITUTIONAL, RECREATIONAL & EDUCATIONAL USES | |||||||||
9. Places of worship and other religious uses exempt from use regulation by The Zoning Act, M.G.L. Ch. 40A, § 3. | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
10. Educational uses exempt from use regulation by The Zoning Act, Ch. 40A, § 3. | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
11. Library or museum, open to the public or connected with a permitted educational use, and not conducted as a private gainful business. | SP | SP | SP | SP | Yes | Yes | Yes | Yes | Yes |
12. Recreational facility owned or operated by an agency of the Town or other government. | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
13. Recreational facility owned or operated by a non-government agency, subject to the following provisions: (a) The use shall not be conducted as a private gainful business. (b) No outdoor active recreation area or parking area shall be located nearer to any lot line than the required front yard depth. (c) Indoor or outdoor noisy activities such as bowling or gymnasium shall be at least 100 feet from any lot line and sound-insulated to meet the approval of the Board of Appeals so as to protect the neighborhood from inappropriate noise in any season. | SP | SP | SP | SP | SP | Yes | Yes | Yes | Yes |
14. Adult education center or other similar educational facility other than Use 10, community center, meeting hall, or other similar facility, subject to the same limitations as specified in Use 13. | SP | SP | SP | SP | SP | Yes | Yes | Yes | Yes |
15. Day care center defined as any facility operated on a regular basis, whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, or preschool, or known under any other name, which receives children not of common parentage, under seven years of age, or under sixteen years of age if such children have special needs, for nonresidential custody and care during part or all of the day separate from their parents. Day care center shall not include any religious or educational use exempt from use regulation by The Zoning Act, M.G.L. ch. 40A, § 3, a family day care home, or other facility or program excluded from the definitions of "child care center" and "school-aged child care program" in M.G.L. ch. 15D, § 1A. *A day care center shall be licensed in accordance with M.G.L. chapter 28A, § 10. If such a facility has an outdoor play area, that area shall be screened from any lot line and from any residential structure on an adjoining lot to avoid a noise nuisance. If such a facility requires the use of a public play area, the Director of Parks and Open Space and the Director of Public Health, or designees, shall be required to approve the availability and use of the public space. | Yes* | Yes* | Yes* | Yes* | Yes* | Yes* | Yes* | Yes* | Yes* |
16. Entertainment and recreation facilities operated as a gainful business, including but not limited to bowling alley, theater, and concert hall, provided that such use is housed in a structure sufficiently sound-insulated so as to protect the neighborhood from inappropriate noise in any season. | No | No | No | No | No | No | SP | No | SP |
17. Trade, professional or other school conducted as a private gainful business, excluding noisy accessory uses. | No | No | No | No | No | No | Yes | Yes | Yes |
18. Private Club or Lodge a) Health and fitness club, over 2,500 s.f. of gross floor area operated for profit and for members only, solely for the purpose of providing physical fitness, exercise, therapy, rehabilitation and/or health services. | No | No | No | No | No | SP | SP | SP | SP |
b) Private club or lodge, operated not for profit and for members only, other than use 13. | No | No | No | No | No | Yes | Yes | Yes | Yes |
18A. Small group health and fitness club not exceeding 2,500 square feet of gross floor area operated for profit and for members only, solely for the purpose of providing physical fitness, exercise, therapy, rehabilitation and/or health services. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | Yes | Yes | Yes | Yes* |
19. Licensed hospital or other licensed establishment for the care of sick, crippled, or convalescent persons. *Not permitted in M-0.5 Districts. Permitted as of right (i.e. classification "Yes") with respect to any such hospital or establishment for which a building permit application has been filed with the Building Commissioner on or before the date of the adoption of this amendment by the Town Meeting, November 14, 1967. | No | No | No | No | SP* | No | No | No | No |
OFFICE USES | |||||||||
20. Office or clinic for medical or dental examination or treatment of persons as out-patients, including laboratories incidental thereto. *Permitted by special permit in new residential construction in M-2.5 districts up to a maximum of 20% of total gross floor area. | No | No | No | No | No* | Yes | Yes | Yes | Yes |
20A. Office or clinic of a licensed veterinarian for treatment of animals, including laboratories and holding facilities. No outdoor facilities for animals shall be permitted. Studies by recognized experts shall be submitted to insure, to the satisfaction of the Board of Appeals, that the use will be constructed so as to safeguard nearby properties against undue noise, odor and improper waste disposal. *Verification of noise control shall include verification by a professional engineer (P.E.), utilizing an acoustical engineer under their supervision if necessary, that under worst-case (e.g., maximum number of animals, open windows if applicable) conditions neither daytime nor nighttime background noise levels, as defined in Article 8.15.3 of the Town By-Laws, will be exceeded at the boundary of the property where the use is located. Moreover, as a condition of a Special Permit, the ZBA shall require that further noise control measures be undertaken in the future if such background noise levels are exceeded during operation of the facility. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | SP* | SP | SP | SP** |
20B. Medical Marijuana Treatment Centers (see Section 4.13 for applicable definition), and uses analogous to Marijuana Retailer Uses Only | No | No | No | No | No | No | SP*2 | SP*2 | SP* |
20C. Marijuana Couriers and Marijuana Transporters *To be eligible for a special permit under Use 20C, the requirements under Sec. 4.13, Marijuana Establishments, shall be met. | No | No | No | No | No | SP*1 | SP*1 | SP*1 | SP*1 |
20D. Marijuana Delivery Operators *To be eligible for a special permit under Use 20D, the requirements under Sec. 4.13, Marijuana Establishments, shall be met. | No | No | No | No | No | No | No | SP*1 | SP*1 |
21. Business, professional, or governmental office other than Use 20, 20A and 20B. *Provided no commodities are kept for sale on the premises. | No | No | No | No | No | Yes | Yes | Yes* | Yes |
AUTOMOTIVE SERVICE USES (SUBJECT TO ARTICLE VI) | |||||||||
22. Residential parking garage or parking area, whether as the sole use of a lot or as a secondary use, solely for the storage of cars of residents of other lots located within 1,400 feet. *By right for five or fewer spaces. | No* | No* | SP* | SP* | SP* | Yes | Yes | Yes | Yes |
22A. Parking garage or parking area for vehicles with a Gross Vehicle Weight Rating (GVWR) of no more than 6,000 pounds and satisfies paragraphs (a) to (e) of the definition of non-commercial motor vehicles, owned by a Car Sharing Organization (CSO), allowed whether as the sole use of a lot or as a secondary use, for up to 10% of the total on-site parking spaces, unless otherwise noted. All open air parking lots with CSO vehicles require an Open Air Parking Lot License to be valid for zoning purposes. A special permit is required for any CSO spaces that are not in an open air parking lot. See § 6.01.5. *Where the use of a lot is a single, two, or three-family dwelling, one CSO parking space may be allowed by special permit only. For other uses, up to 10% of parking spaces on a lot are allowed by right for CSO vehicles, and an additional 2 CSO spaces are allowed by special permit beyond the 10% cap, but in no case shall there by a total of more than 4 CSO vehicles allowed. | Yes or SP* | Yes or SP* | Yes or SP* | Yes or SP* | Yes or SP* | Yes or SP* | Yes or SP* | Yes or SP* | Yes or SP* |
23. Parking area abutting or across the street from a non-residence district, for the parking of passenger cars of tenants, employees, customers, or guests of buildings or establishments in the adjoining non-residence district, provided no sales or service operations are performed. | No | No | SP | SP | SP | Yes | Yes | Yes | Yes |
24. Non-residential parking garage or parking area, other than Use 23. *Municipal parking facilities permitted in the district. | No | No | No* | No* | No* | Yes | Yes | No* | Yes |
25. Gasoline service station. | No | No | No | No | No | SP | SP | No | SP |
25A. Partially self-service gasoline stations. | No | No | No | No | No | SP | SP | No | SP |
26. Sale or rental of automobiles and other motor vehicles, or tires or other motor vehicle accessories, and accessory storage conducted entirely within an enclosed structure, provided any accessory repair operations shall be sufficiently sound-insulated to protect the neighborhood from inappropriate noise; and any flashing, fumes, gases, smoke, and vapor shall be effectively confined to the premises. | No | No | No | No | No | No | Yes | No | Yes |
27. Outdoor storage of vehicles for sale or rent. | No | No | No | No | No | No | No | No | SP |
28. Repair garage located principally within an enclosed structure, provided repair operations shall be sufficiently sound-insulated to protect the neighborhood from inappropriate noise, and any flashing, fumes, gases, smoke, and vapor shall be effectively confined to the premises; and provided all storage shall be within the structure. *Permitted by right if a municipal facility or portion thereof. | No | No | No | No | No | No | SP | No | SP* |
28A. Car washing facility, either as a principal or an accessory use. | No | No | No | No | No | No | No | No | No |
RETAIL AND CONSUMER SERVICE USES | |||||||||
29. Store of less than 5,000 square feet of gross floor area per establishment, primarily serving the local retail business needs of the residents of the vicinity, including but not limited to grocer, baker, food store, package store; dry goods, variety, clothing; hardware, paint, household appliances; books, tobacco, flowers, drugs. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | Yes | Yes | No | Yes* |
29A. Storefront Marijuana Retailers, stores of less than 5,000 square feet of gross floor area per establishment *Permitted by special permit pursuant to Section 4.13, Marijuana Establishments | No | No | No | No | No | SP*1,2 | SP*1,2 | No | SP*1 |
29A. Firearm Business Uses* *Must have a report from the Police Chief. Subject to the regulations under Section 4.14 of the Zoning By-law. [Editorial Note: Use 29A, Firearms Use, should be numbered 29AA.] | No | No | No | No | No | No | SP | No | No |
29B. Social Consumption Marijuana Retailers *Permitted by special permit pursuant to Section 4.13, Marijuana Establishments, only in the event of a Town-wide vote approving on-site consumption pursuant to M.G.L. c.94G, § 3(b). | No | No | No | No | No | SP*1,2 | SP*1,2 | No | SP*1 |
30. Eating places of less than 5,000 square feet of gross floor area per establishment, primarily serving local needs, including but not limited to lunch room, restaurant, cafeteria, place for the sale and consumption of beverages, ice cream and the like, primarily in enclosed structures with no dancing, nor entertainment other than music. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | Yes | Yes | No | Yes* |
31. Bank. | No | No | No | No | No | Yes | Yes | Yes | Yes |
32. Service business primarily serving local needs, including but not limited to the following uses: (a) Barber, beauty shop, laundry and dry-cleaning pickup agency, shoe repair, self-service laundry, or other similar use. (b) Hand laundry, dry-cleaning or tailoring, or other similar use, provided, in L and G Districts, personnel is limited to five persons at any one time. (c) Printing shop, photographer's studio, caterer, or other similar use, provided, in L and G Districts, personnel is limited to five persons at any one time. *Permitted by special permit in an M-1.0 (CAM) District. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No* | Yes | Yes | No | Yes** |
32A. Domestic Household Animal Day Care Center, including grooming, training, walking and other accessory services, and excluding overnight kenneling. No outdoor facilities for the animals shall be permitted. Studies by recognized experts shall be submitted to ensure, to the satisfaction of the Board of Appeals, that the use will be constructed so as to safeguard nearby properties against undue noise, odor and improper waste disposal. A recommendation from the Director of Public Health shall be required to address the size and location of the facility and any potential impacts. Additionally, annual licenses issued by the licensing authority are required, with the recommendation of the Director of Public Health, the Police Department's Animal Control Officer, and the Director of Parks and Open Space. | No | No | No | No | No | SP | SP | No | SP |
33. Stores not exceeding 10,000 square feet of gross floor area serving the general retail needs of a major part of the Town, including but not limited to general merchandise department store, furniture and household goods. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | No | Yes | No | No* |
33A. Stores over 10,000 square feet of gross floor area serving the general retail needs of a major part of the Town, including but not limited to general merchandise department store, supermarket, grocery store, furniture and household goods. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | No | SP | No | SP* |
34. Place for the sale and consumption of food and beverages exceeding 5,000 square feet of gross floor area, or providing dancing and entertainment. *Permitted by Special Permit in the Cleveland Circle Hotel Overlay District. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | No* | Yes | No | Yes** |
35. Office, display or sales space of a wholesale, jobbing, or distributing establishment, provided that no more than 25 per cent of floor space is used for assembling, packaging, and storing of commodities. | No | No | No | No | No | No | Yes | No | Yes |
36. Radio or television studio, without transmitting facilities. | No | No | No | No | No | No | Yes | Yes | Yes |
36A. Research laboratory for scientific or medical research not involving noxious or hazardous substances or processes, provided that the use is operated in compliance with all applicable town, state, and federal health and safety laws and regulations. At least 30 days prior to the Board of Appeals hearing, the applicant shall submit studies by recognized experts to insure, to the satisfaction of the Board of Appeals, that the use will be designed and operated so as to conform to the standards above. Such studies shall include description of operations and processes proposed, materials to be used, above-and-below-ground storage facilities, and waste products. Any applications, including the required studies, shall be referred to the Conservation Commission and the Health Department for advisory reports in accordance with the procedures in § 9.04. | No | No | No | No | No | No | SP | SP | SP |
36B. Research laboratory for scientific or medical research, with a Biosafety Level of Level 1 or Level 2 as defined by the U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, and National Institutes of Health, provided the use is located on a lot with no less than 50,000 square feet and no more than 65,000 square feet in area and is operated in compliance with all town, state and federal health and safety regulations, and that thirty days prior to a Board of Appeals hearing on the use, and annually, a report detailing hazardous materials operations, processes, disposal and storage shall be reviewed and approved in writing by an independent recognized expert, the Fire Chief and Director of Public Health and Human Services. *Permitted by Special Permit only in a GMR-2.0 district. | No | No | No | No | No | No | SP* | No | No |
36C. Marijuana Independent Testing Laboratories, Marijuana Standards Laboratories, and Marijuana Research Facilities *To be eligible for a special permit under Use 36C, the requirements under Sec. 4.13, Marijuana Establishments, and Use 36A. and 36B., restrictions on Marijuana Research Laboratories, shall be met. | No | No | No | No | No | No | SP*1,2 | SP*1,2 | SP*1 |
37. Mortuary, undertaking or funeral establishment. | No | No | No | No | No | SP | SP | No | SP |
38A. Agriculture, horticulture or floriculture on parcels of more than five acres, subject to the regulations specified in Use 57, and not including the retail sale of products or services. | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
38B. Agriculture, horticulture or floriculture on parcels of not more than five acres as a principal use. | No | No | No | No | No | No | No | No | No |
38C. Open-air use, other than commercial recreation facilities, seasonal outdoor seating for a licensed Food Vendor as defined in Article 8.10 of the Town's General By-Laws, and Uses 22 to 28. Use 38C shall include but not be limited to the sale of flowers, garden supplies, or agricultural produce. | No | No | No | No | No | SP | SP | No | Yes |
38D. Marijuana Cultivators *Permitted by special permit pursuant to Section 4.13, Marijuana Establishments | No | No | No | No | No | SP*1,2 | SP*1,2 | SP*1,2 | SP*1 |
39. Drive-in use, other than Uses 22 to 28 inclusive, including only those uses permitted in Uses 29 to 32 inclusive. | No | No | No | No | No | SP | SP | No | SP |
UTILITIES AND COMMUNICATION | |||||||||
40. Transformer station, substation, pumping station or automatic telephone exchange, provided that in a residence district such public service building is essential to service such residential area, and that no public business office nor any storage yard or storage building is operated in connection with it. | SP | SP | SP | SP | SP | Yes | Yes | Yes | Yes |
40A. Dish antenna not larger than 3 feet in diameter, provided it is not located in a front yard and it conforms to setback requirements for accessory structures. | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
40B. Dish antenna larger than 3 feet in diameter, provided it is not located in a front yard, it conforms to setback requirements for accessory structures, and it is located and/or screened so that it is not visible from nearby streets or properties within a 200 foot radius at ground level. *Permitted use for public agencies of the Town of Brookline and the Town's CATV licensee, provided the use is approved by the Select Board after public hearing. | No* | No* | No* | No* | SP* | SP* | SP* | SP* | SP* |
40C. Wireless Telecommunication Services, See § 4.09 for use regulations. | |||||||||
40D. Ground Solar Photovoltaic Installation, Large or Small *Permitted in the Renewable Energy Overlay District under site plan review. See Section 5.06.4.h for use regulations. | No | No | No | No | No | No | No | No | No |
41. Fire station. | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes |
INDUSTRIAL USES | |||||||||
42. Steam laundry or dry cleaning plant.* (*See Asterisk After Use 46) | No | No | No | No | No | No | No | No | Yes |
43. Wholesale business and storage, in a roofed structure.* (*See Asterisk After Use 46) | No | No | No | No | No | No | No | No | Yes |
44. Plumbing shop, carpentry shop, other similar service or repair establishment.* **Permitted by special permit in an M-1.0 (CAM) District. (*See Asterisk After Use 46) | No | No | No | No | No** | SP | SP | No | Yes |
45. Printing and publishing.* (*See Asterisk After Use 46) | No | No | No | No | No | No | No | No | Yes |
46. Light non-nuisance manufacturing, provided that all resulting particulate matter, flashing light, fumes, gases, odors, liquid and/or solid wastes, smoke, and vapor are effectively confined to the premises or disposed of in a manner so as not to create a nuisance or hazard to safety or health and in compliance with all applicable town, state, and federal laws and regulations; further provided that no vibration is perceptible without instruments at a distance greater than 50 feet from such premises and that noise limits shall conform to the Town's Noise By-law. At least 30 days prior to the Board of Appeals hearing, the applicant shall submit studies by recognized experts to insure, to the satisfaction of the Board of Appeals, that the use will be designed and operated so as to conform to the standards above. Such studies shall include description of operations and processes proposed, materials to be used, above-and-below-ground storage facilities, and waste products. Any applications, including the required studies, shall be referred to the Conservation Commission and the Health Department for advisory reports in accordance with the procedures in § 9.04.* *For uses 42 to 46 inclusive, all storage of materials and equipment and all business operations, such as loading, parking, and storage of commercial vehicles, shall be within an enclosed building. This requirement may be modified by the Board of Appeals by special permit only, provided the requirements of § 6.04, paragraph 8. and § 9.05 are met. Such special permit may be rescinded or modified by the Board of Appeals after notice and hearing if noncompliance with the conditions of approval is determined. *Permitted by special permit in the I-(EISD) District in accordance with 5.06.4.j. | No | No | No | No | No | No | No | No | SP** |
46B. Marijuana Product Manufacturers *Permitted by special permit pursuant to Section 4.13, Marijuana Establishments | No | No | No | No | No | No | No | No | SP*1 |
47. Any trade, industry, or other use that is noxious, offensive, or hazardous by reason of vibration or noise or the emission of odors, dust, gas, fumes, smoke, cinders, flashing or excessively bright light, refuse matter or electromagnetic radiation. | No | No | No | No | No | No | No | No | No |
48. Any advertising sign or device, including off-premises signs and non-accessory signs as defined in this By-law or the Sign By-law of the Town of Brookline. | No | No | No | No | No | No | No | No | No |
49. Any use hazardous to health because of danger of flooding, inadequacy of drainage, high water table, or inaccessibility to fire fighting apparatus or other protective services. | No | No | No | No | No | No | No | No | No |
49A. In locations subject to periodic or occasional flooding by water from streams or brooks, including but not limited to the Floodplain Overlay District which is defined as all areas in the Floodplain District Boundaries in § 4.10, any structure erected or any filling undertaken in such manner as to reduce or impede the run-off of flood waters to an extent that would increase the 1% annual flood chance or the hazard of flood damage (See under 49B.) Please refer to § 4.10, Floodplain Overlay District, of the Zoning Bylaw for flood hazard requirements. Please note that any variance application under this use may also be subject to other local, state, and/or federal regulations and permits. See § 4.10 for more information including additional requirements for a variance. | No | No | No | No | No | No | No | No | No |
49B. Within the Floodplain Overlay District, any Development as defined and regulated in § 4.10. *A special permit is not required if the Floodplain Administrator makes a threshold finding that the Development does not increase flooding or adversely impact flood risks to other properties. Please note that any application under this use may also be subject to other local, state, and/or federal regulations and permits. See § 4.10 for more information including additional requirements for a variance. | SP* | SP* | SP* | SP* | SP* | SP* | SP* | SP* | SP* |
50. Open-lot storage or sale of building material, coal, or other similar materials or junk or salvaged materials. | No | No | No | No | No | No | No | No | No |
50A. Commercial and non-commercial manned aircraft landing areas (including on structures) | No | No | No | No | No | SP | SP | SP | SP |
[1]
Editorial Note: Use 29A, Firearms Use, should be numbered 29AA.
§ 4.08 AFFORDABLE HOUSING REQUIREMENTS
2.
Definitions
The following definitions shall apply in this § 4.08. Where a term is undefined herein, the definition set forth in the Affordable Housing Standards and Guidelines adopted pursuant to § 4.08, if any, shall control. All other undefined terms in this § 4.08 shall either be governed by Article II, Definitions of this Zoning By-Law or shall be interpreted in accord with such normal dictionary meaning or customary usage as is appropriate to the context.
a.
AFFORDABLE HOUSING STANDARDS AND GUIDELINES are written policies and criteria held by the Department of Planning and Community Development, as enabled in paragraph 9 below.
b.
AFFORDABLE HOUSING PLAN means a document that constitutes the applicant's showing of compliance with the requirements of § 4.08.
c.
AFFORDABLE UNIT means a Dwelling Unit which meets the following conditions:
i)
In a Project in which Dwelling Units will be rented, a unit shall be considered an Affordable Unit if it is: rented to an Eligible Low or Moderate Income Household; and made available at an initial rent that is calculated such that a hypothetical household, with the number of household members equal to the number of bedrooms plus one and with an income set at the applicable income limit, would be paying 30% of gross income on rent and tenant-paid utilities. If the unit is subsidized by a financing agency such that the units would still count towards the state's Subsidized Housing Inventory, the ratio of household members to bedrooms may be the amount allowed under that program when calculating rent. If the occupant has a tenant-based subsidy, the rent may be the amount allowed under the subsidy, provided that the occupant is not paying more than 30% of gross income on rent and tenant-paid utilities. Rental of all Affordable Units will follow the process as prescribed in the Affordable Housing Standards and Guidelines.
ii)
In a Project in which Dwelling Units will be sold, a unit shall be considered an Affordable Unit if it is: sold to an Eligible Low or Moderate Income Household; and made available at a sales price that is calculated such that a hypothetical household, with the number of household members equal to the number of bedrooms in a unit plus one and with an income set at 10 percentage points less than the applicable income limit, would be paying 30% of gross income towards a mortgage, mortgage insurance, condominium fee and property taxes for a standard thirty year mortgage at 95% of the sales price. Sale of all Affordable Units will follow the process as prescribed in the Affordable Housing Standards and Guidelines.
d.
ELIGIBLE HOUSEHOLD means a household eligible for housing under regulations promulgated by the United States Department of Housing and Urban Development, pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974, or any successor federal or state program. Income limits for Eligible Households may be further defined in this § 4.08 and under the Affordable Standards and Housing Guidelines.
f.
INCOME, MEDIAN means the median income, adjusted for household size, for the Boston Metropolitan Statistical Area published by or calculated from regulations promulgated by the United States Department of Housing and Urban Development, pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974, or any successor federal or state program.
g.
PROJECT means any development, including a cluster development or subdivision of land, which results in, or in the case of a subdivision enables, the construction of additional dwelling units, whether by new construction and/or by the alteration, expansion, reconstruction or change of pre-existing residential or non-residential space.
3.
Applicability
The provisions of this § 4.08 shall apply to Projects that upon completion will include a total of four or more Dwelling Units, or subdivides land where four or more Dwelling Units are enabled to exist. For any life care facility Project that includes assisted living units and accompanying services, the term "Dwelling Unit" shall be construed to mean "assisted living unit" throughout § 4.08. In the case of a renovation of and/or an addition to an existing Building, any pre-existing Dwelling Unit retaining the same perimeter configuration and remaining within the pre-existing Building shall not be counted when applying the requirements in paragraph 4 below. In the case of a subdivision of land for development, any pre-existing Dwelling Units shall not be counted when applying the requirements in paragraph 4 below.
4.
Required Affordable Units
As a condition for granting any permit hereunder, applicants shall contribute to the Town's stock of Affordable Units in accordance with the following requirements:
a.
The applicant shall be required to set aside 15% of the units as Affordable Units on-site, except as the provisions of subparagraph d and e below may permit.
i)
Affordable Units must be provided for eligible households whose incomes do not exceed 50% of the Median Income for rental units or do not exceed 80% of the Median Income for owner-occupied units. The applicant may provide Affordable Units on-site for Eligible Households that exceed these Median Income limits by making a Supplemental Cash Payment to the Affordable Housing Trust Fund or by Incentivizing Ground Floor Commercial space (where such use is allowed or mandated), as provided in the Affordable Housing Standards and Guidelines.
b.
The required Affordable Units shall contain 15% of the bedrooms in the project as a whole.
d.
For Projects that upon completion will create fewer than 11 additional Dwelling Units and are not located in the Harvard Street Main Street Corridor districts (H-MS, H-MS-O, H-MST, H-MSN), the applicant may choose to make a Cash in Lieu of Units Payment to the Affordable Housing Trust Fund as provided in the Affordable Housing Standards and Guidelines in lieu of providing units on-site.
5.
Standards
Projects containing affordable units shall meet the following standards:
a.
Projects shall not be segmented or phased to avoid compliance with these provisions.
b.
Affordable Units shall be dispersed throughout the Project and shall be indistinguishable from market rate units in external appearance. The Affordable Units shall have the same mechanical systems as market units, except that Affordable Units with up to two bedrooms may have only one bathroom, Affordable Units with three bedrooms shall have at least 1.5 bathrooms, and Affordable Units with four bedrooms shall have at least two bathrooms. Affordable Units shall have the same finishes and appliances as the market rate units except where the Director of Planning and Community Development specifically approves, in advance, a request for different finishes and/or appliances.
c.
The Affordable Units shall contain square footage which is no less than (i) the average size of market rate units containing the same number of bedrooms, or (ii) the following, whichever is the smaller:
0 bedrooms: 500 square feet |
1 bedroom: 700 square feet |
2 bedrooms: 900 square feet |
3 bedrooms: 1100 square feet |
4 bedrooms: 1300 square feet |
For purposes of this subparagraph only, square footage shall be calculated within the interior surfaces of the perimeter walls of the unit. |
d.
Floor plans for Affordable Units which differ from those of market rate units shall not be approved without the recommendation of the Director of Planning and Community Development.
e.
Sales prices, resale prices, initial rents, and rent increases for the affordable units shall be established in accordance with this section, as further clarified in the Affordable Housing Standards and Guidelines and shall be permanently restricted, to the extent legally permissible, to ensure long-term affordability.
f.
The Town may establish a system of priorities for selecting buyers or renters, in accordance with the Affordable Housing Standards and Guidelines.
g.
The Town may require that lessees of Affordable Units meet income recertification requirements upon renewal of lease terms, in accordance with the Affordable Housing Standards and Guidelines.
h.
The Town may require, for itself or its designee, an option to purchase or lease Affordable Units for amounts consistent with Section 4.08.2.c above. The option shall apply to the initial and any subsequent sale or lease of Affordable Units.
i.
Affordability restrictions shall be embodied in applicable deed covenants, restrictive covenant agreements, other contractual agreements, land trust arrangements, and/or other mechanisms designed to ensure compliance with this section.
j.
Covenants and other documents necessary to ensure compliance with this section shall be executed and, if applicable, recorded prior to and as a condition of the issuance of any building permit or certificate of occupancy, in accordance with the Affordable Housing Standards and Guidelines.
6.
Alternative Requirements for Affordable Units by Special Permit
Subject to a Special Permit including a finding by the Board of Appeals that the result will be advantageous to the Town in creating or preserving Affordable Units and not result in the undue concentration of Affordable Units, and if recommended by the Housing Advisory Board and Planning Board, the requirements of § 4.08 may be satisfied through one or more of the following methods, listed in the order of preference:
a.
Off-Site Location — Affordable Units may be located on an alternative site or sites in Brookline suitable for housing use, preferably in the same neighborhood as the on-site development. While offsite Affordable Units may be located in an existing structure, the potential for displacement of existing tenants shall be considered by the Board of Appeals.
b.
Conveyance of Land and/or Buildings — The applicant may donate to the Town or its designee land and/or Buildings suitable for housing use, preferably in the same neighborhood as the on-site development. Such land and/or Buildings shall have a fair market value comparable to the difference between the value of the Affordable Units required under § 4.08 if provided on-site and the fair market value of such units free of the conditions set forth in Section 4.08.2.c.
c.
Alternative Cash Payment — The applicant may make a cash payment to the Town's Affordable Housing Trust Fund with a value comparable to the difference between the value of the Affordable Units required under this § 4.08 if provided on-site, and the fair market value of such units free of the conditions set forth in Section 4.08.2.
A Special Permit pursuant to this Section 4.08.6 shall not be permitted for Projects located in the Harvard Street Main Street Corridor districts (H-MS, H-MS-O, H-MST, H-MSN).
The applicant's Affordable Housing Plan shall show that the applicant shall provide a greater affordable housing benefit to the Town than would have been provided on-site. Affordable Units provided through the alternative methods above shall comply in all respects other than on-site location with the requirements of this section.
7.
Procedures
All Projects shall comply with the following procedures as applicable:
a.
Pre-Application Meeting — The applicant shall convene a pre-application meeting with the Director of Planning and Community Development, or their designee, to discuss the Project proposal and affordable housing requirements.
b.
Submittal of Affordable Housing Plan — The applicant shall fill out and submit an Affordable Housing Plan form to the Planning and Community Development Department prior to making an application for a building permit. This form requires the following information:
i)
On-Site Unit Projects — Applicants proposing to develop on-site Affordable Units shall provide a schedule of all Project Dwelling Units by location, square footage, unit types, number and types of rooms, and location of Affordable Units, and if applicable, compliance with Supplemental Cash Payment provisions per the Affordable Housing Standards and Guidelines. The Director of Planning and Community Development will immediately forward the Plan to the Housing Advisory Board for their review and approval prior to the issuance of a building permit.
ii)
Cash in Lieu of Units — Applicants electing to make a cash contribution in lieu of providing Affordable Units shall provide a statement of the number of project Dwelling Units, a plan clearly labeling existing and new Dwelling Units, and the corresponding formula required by the Affordable Housing Standards and Guidelines.
iii)
Alternative Requirements — Applicants proposing to seek approval for Alternative Requirements for Affordable Units by special permit as described in paragraph 6 above shall provide a proposal specifying the land, Buildings, off-site Affordable Units, and/or cash contribution; and a schedule and proposed security for providing these.
c.
Building Permit Application — The applicant shall submit a formal application for a building permit, including the Affordable Housing Plan form. For Projects proposing a Supplemental Cash Payment by Incentivizing Ground Floor Commercial Space, such application will include any specifications and details for the build out of the commercial space, as required in the Incentivizing Ground Floor Commercial Space Guidelines and enabled in paragraph 10 below.
d.
Board of Appeals Application — For applications proposing by special permit an Alternative as described under paragraph 6, the applicant shall make a formal application for a special permit to the Town Clerk.
i)
Housing Advisory Board Review — The Housing Advisory Board shall, in the next regularly scheduled meeting after necessary public notice, review the Affordable Housing Plan and prepare a recommendation to the Planning Board.
ii)
Planning Board Review — The Planning Board shall, in the next regularly scheduled meeting after necessary public notice, review and make a recommendation on the special permit application. The recommendation of the Housing Advisory Board shall be considered by the Planning Board. The Planning Board shall explain any deviation from Housing Advisory Board recommendations in writing in its report to the Board of Appeals.
iii)
Board of Appeals Review — The Board of Appeals decision may require modifications, conditions, and safeguards, including documentation regarding affordability and funding commitments reasonably related hereto. The Board of Appeals shall explain any deviation from Housing Advisory Board recommendations in writing in its decision.
8.
Conditions of any Building Permit
a.
No building permit shall be issued until the Director of Planning and Community Development approves a Revised Affordable Housing Plan, which shall include any relevant special permit conditions issued by the Board of. For Projects providing Affordable Units on-site, the Revised Affordable Housing Plan shall include a reference to specific floor plans of each Affordable Unit that shall be attached to the plan as well as documentation of Housing Advisory Board approval. For Projects providing Cash in Lieu of Units under Section 4.08.4.d, Supplemental Cash Payments under Section 4.08.4.a, or cash or other contributions under Section 4.08.6, the Revised Affordable Housing Plan shall set forth a detailed description, if applicable, and schedule for contributions, including any documentation required to secure such, in accordance with the Affordable Housing Standards and Guidelines. Additionally, Projects that include a Supplemental Cash Payment by Incentivizing Ground Floor Commercial space shall include in the Revised Affordable Housing Plan any required specifications or conditions according to the Incentivizing Ground Floor Commercial Space Guidelines. The Revised Affordable Housing Plan shall be legally binding as part of a building permit and/or any special permit, which shall refer to it in any decision.
b.
For Projects providing Cash in Lieu of Units or Supplemental Cash Payments, or where otherwise set forth as a condition in the approved Revised Affordable Housing Plan, no building permit shall be issued until the Tax Assessor estimates the constructed value of the Project and the applicant submits to the Director of the Department of Planning and Community Development a proper bond, letter of credit, or other financial instrument designed to secure performance of the requirements of § 4.08.
c.
No building permit shall be issued until the applicant submits proof that either:
i)
the special permit decision of the Board of Appeals has been recorded for the subject property at the Registry of Deeds and that the Director of Planning and Community Development has issued a final approval letter for the Revised Affordable Housing Plan, or
ii)
in the case where no special permit was issued, the Revised Affordable Housing Plan, including an agreement for any Cash in Lieu of Units payments or Supplemental Payments that shall be made, and an approval letter from the Director of Planning and Community Development has been recorded as a deed restriction for the subject property at the Registry of Deeds.
d.
As a condition for all Projects that are not providing Cash in Lieu of Units, the Building Commissioner shall withhold the issuance of a temporary or permanent certificate of occupancy for the last market rate unit in a development until:
i)
all of the Affordable Units have obtained a certificate of occupancy, the Building conforms to all specifications in the Revised Affordable Housing Plan, and any Supplemental Payments have been made; or
ii)
any land, Buildings and/or off-site Affordable Units required to be donated to the Town or its designee have been conveyed.
e.
Prior to issuance of any temporary or permanent certificate of occupancy for a Project, the applicant shall submit to the Director of Planning and Community Development for approval a plan for marketing and selection of occupants for the Affordable Units; initial rents or sales prices for the units designated as affordable; and, prior to their being recorded, condominium, cooperative or other homeowner association documents, as appropriate. For Projects including Affordable Units for rent, this plan shall be recorded as a part of the affordable housing restriction set forth in Section 4.08.5.i and Section 4.08.5.j. All plans shall be consistent with the Affordable Housing Standards and Guidelines. For rental Projects providing Cash in Lieu of Units payments or Supplemental Payments, no temporary or permanent certificate of occupancy shall be issued until the Director of Planning and Community Development confirms that all payments have been made in full, reflecting the value estimated by the Tax Assessor.
9.
Affordable Housing Standards and Guidelines.
The Planning Board, in consultation with the Housing Advisory Board and after public notice and hearing, shall adopt or amend Affordable Housing Standards and Guidelines. Such Standards and Guidelines shall include direction for calculating Cash in Lieu of Unit payments as well as Supplemental Cash Payments. The Supplemental Cash Payments shall also include a reduced fee schedule for applicants that are proposing to Incentivize Ground Floor Commercial space. In no case shall the Affordable Housing Standards and Guidelines permit Supplemental Cash Payments by Incentivizing Ground Floor Commercial space for rental units that exceed 70% of the Median Income nor owner-occupied units that exceed 100% of the Median Income. The Affordable Housing Standards and Guidelines are enforceable by the Building Commissioner as though said Standards and Guidelines were included in this Section.
10.
Incentivizing Ground Floor Commercial Standards and Guidelines
The Select Board, in consultation with the Economic Development Advisory Board and after public notice and hearing, shall adopt or amend Incentivizing Ground Floor Commercial Standards and Guidelines as though said Standards and Guidelines were included in this Section. Such Standards and Guidelines shall be limited to the physical requirements and specifications of building out ground floor commercial space, for Projects that include Supplemental Cash Payment by Incentivizing Ground Floor Commercial. The Incentivizing Ground Floor Commercial Standards and Guidelines are enforceable by the Building Commissioner as though said Standards and Guidelines were included in this Section.
11.
Contributions of Cash, Land and/or Buildings
Cash contributions and donations of land and/or Buildings made to the Town or its Affordable Housing Trust Fund in accordance with this § 4.08 shall be used only for purposes of providing affordable housing for Low- or Moderate Income Households as defined by this section.
12.
Severability
If any provision of § 4.08 is deemed non-compliant with the MBTA-Communities Act by the Executive Office of Housing and Livable Communities, or otherwise, the requirements of § 4.08 shall be waived by the Building Commissioner for Projects utilizing MBTA-Communities Act compliant districts or overlay districts only to the minimum extent necessary to achieve compliance with the MBTA-Communities Act Guidelines, in a manner as recommended by the Director of Planning and Community Development and Town Counsel.
§ 4.09 WIRELESS TELECOMMUNICATIONS SERVICES
1.
Purpose
The purpose of this section is to allow the adequate development of wireless telecommunications services and at the same time regulate the design and location of wireless telecommunications facilities to ensure that demand is fulfilled in a manner which preserves the safety, character, appearance, property values, natural resources, and historic sites of the Town. The intent of the Town of Brookline is to exercise the full rights that § 704(a) of the Federal Telecommunications Act of 1996, 47 U.S.C. s 332(c) et. seq. confers to localities in regulating the siting of antennas. The standards herein are intended to achieve the following goals: encourage location of antennas on existing commercial buildings and structures rather than on residential ones or new towers, mitigate any adverse visual and audio effects through proper design, location and screening, encourage co-location where it will minimize visual and other impacts, and prohibit new towers in districts where they may be incompatible with existing residential uses. Monopoles may be approved in non-residential districts by special permit, only if no other alternative is possible.
2.
Scope
This § 4.09 shall apply to all wireless telecommunication antennas and towers and related equipment, fixtures and enclosures, including Distributed Antenna Systems located on public utility poles and any modifications to any of the preceding, but shall not apply to dish or television antennas which receive and do not transmit; amateur ham radio antennas; citizens band radio antennas; fire, police, ambulance and other safety communication antennas; antennas utilized by the Town for its communications systems; and to antennas to be located on Town-owned property, except that paragraph 4., subparagraph c. of this section shall apply.
3.
Definitions
a.
ANTENNA — A device used to receive or transmit electromagnetic waves, such as panel antennas, whip antennas and dish antennas.
b.
WIRELESS TELECOMMUNICATIONS — Licensed wireless telecommunication services such as cellular, personal communication services (PCS), mobilized radio services, paging and similar services that are marketed to the general public.
c.
TOWER — A structure that is intended to support equipment used to receive and/or transmit electromagnetic waves. Design examples include: guyed tower (tied to ground by cables), lattice tower (self-supporting with multiple legs and cross-bracing structural steel, and monopole (self-supporting with a single shaft).
d.
HEIGHT OF TOWER — The vertical distance measured from the average existing grade of the ground level surrounding the tower to the top of the tower.
e.
TELECOMMUNICATIONS SPECIALIST — A qualified professional with expertise in monitoring of electromagnetic fields and telecommunications engineering, who has a record of service to municipalities.
4.
Procedure
a.
All wireless telecommunications antennas mounted on buildings or structures not containing any dwelling units and not exceeding 10 feet above roof height, and related equipment, fixtures and enclosures shall be subject to review and approval by the Planning Board, in accordance with the design review process outlined in § 7.03, paragraph 2., which allows for the applicant or any other interested party or Brookline citizen to appeal the Planning Board decision to the Board of Appeals within 30 days. The following additional notification shall be required: publication in a local newspaper at least one week prior to the Planning Board meeting, notice by mail to the applicant, property owner, tenants and residents of the subject property, abutters, tenants and residents of abutters' property, abutters to abutters within 300 feet of the property, tenants and residents of abutters to abutters' property within 300 feet of the property, Town Meeting members and neighborhood associations of the applicable precincts.
b.
All other wireless telecommunications antennas and towers and related equipment, fixtures and enclosures shall require a special permit from the Board of Appeals. Exterior enclosures associated with telecommunication antennas and towers shall be required to meet the setbacks for accessory structures or structures in accordance with the Zoning By-law.
c.
All wireless telecommunications antennas, towers, and related equipment, fixtures, and enclosures to be located on Town-owned property shall be exempt from the procedures in subparagraph a. above, and shall require approval from the Select Board, after an advisory report from the Planning Board and a public hearing. Long term telecommunication leases are subject to G.L.c.30B and must be approved by Town Meeting. The submittal requirements and approval standards of this section shall serve to guide the Planning Board in its recommendation to the Select Board members.
5.
Submittal Requirements
a.
The applicant shall submit to the Building Commissioner the plans and details for the proposed wireless telecommunications antennas, towers and related equipment, fixtures and enclosures. The application shall include: sketches, pictures and photos to illustrate information on the proposed antenna and mount and exterior equipment, fixture and enclose, including: dimensions, appearance (color and finish), location on building facade or roof (setbacks if applicable), height above building roof when mounted, inventory of other antennas on building, including which antennas have not been used for over one year. Additionally, information shall be submitted on proposed method to camouflage or screen antenna and enclosure from view (screen dimensions, color and style), visibility from ground or upper floor levels of nearby residences within a radius of 500 feet, and method to make it blend in with the style of the building. Information on expected noise impacts on surrounding areas shall be provided. The Planning Board, at its discretion, may require a balloon test and/or model to better evaluate visual impacts or any other information that it deems helpful.
b.
An explanation should be submitted to explain process used in selecting the site and other alternatives explored. An ambient emissions baseline reading and plan for continuous monitoring shall be submitted. The proposed range of emissions from the antenna/s shall be submitted. If a tower is proposed, a report shall be required from a structural engineer on safety aspects. Each network company shall submit a master plan for Brookline as part of its application detailing the minimum number of sites that are needed to provide adequate telecommunication coverage. Copies of all submittals to the Massachusetts DPH and FCC pertaining to licensing shall be submitted.
6.
Use Regulations
a.
Wireless communications antennas and facilities shall not be located:
1)
On any of the following structures: residences, public schools, hospitals, nursing homes, or historical sites;
2)
Within 50 feet of any residence, nursing home, or hospital;
3)
Within 50 feet of any historical site;
4)
Within any area in which the Telecommunications Specialist has determined that the applicant already has adequate coverage and capacity measured by the minimal Federal Communications Commission standards for such coverage and capacity.
5)
If any provision or portion of subparagraph a., subsubparagraphs 1) through 4) above, is determined to be invalid, the antennas, facilities and locations meant to be prohibited thereunder shall be subject to and regulated by subparagraph c. below.
b.
A wireless telecommunications antenna[1] and mount on a building not containing any dwelling units and related equipment, fixtures or enclosures, all not exceeding 10 feet above roof height, shall be permitted in all districts, subject to design review and approval by Planning Board in accordance with design review standards set forth below.
[1]
Which is not permitted within 200 feet of a public school building or within 600 feet of a public conservation area, if visible from the conservation area.
c.
A wireless telecommunications antenna and mount on a building or any related equipment, fixtures, or enclosures exceeding 10 feet above roof height, shall require in all districts a special permit issued by the Board of Appeals, subject to the design review standards set forth below.
d.
lattice tower or guyed tower is not permitted in any district.
e.
monopole tower is not permitted in a residential district, permitted by Board of Appeals special permit in all other districts provided that no other alternative is possible.
7.
Approval Standards
a.
Facade and Roof Antennas and Related Equipment, Fixtures and Enclosures
1)
The following design standards shall apply to all approvals and special permits for wireless telecommunications antennas and related equipment, fixtures and enclosures. They shall be as unobtrusive as possible when viewed from the street and from upper floors of nearby residences. Every effort should be made to have them blend in with the style and color of the building they are located upon and with the surrounding environment and not negatively impact property values or environmentally sensitive areas, such as wetlands or historic sites. Where necessary, screening shall be provided to minimize visible impacts. Items for evaluation during the approval process include color, finish, size, location on building facade or roof, camouflaging, and screening. Greater setback from the edge of a building may be required, if it helps to minimize visual impacts and improves over-all aesthetics. Noise impacts shall be minimized on surrounding areas through the use of best commercially available technology and noise dampers whenever possible.
2)
The Board of Appeals may grant a special permit if an antenna is greater than 10 feet above the roof height, where the applicant can demonstrate that the additional height is necessary for proper functioning of the antenna or to allow a less obtrusive location.
b.
Towers
1)
The Board of Appeals may issue a special permit for a monopole only if it is proved that no other alternative is possible to provide adequate wireless communications coverage, such as mounting antennas on existing buildings or structures. Additionally, the tower shall not exceed 100 feet and shall be set back at least one time its height, plus 10 feet from all boundaries of the site, unless additional height up to 150 feet or a lesser setback is found by the Board of Appeals to be necessary to permit co-location, minimize visual impact, and/or minimize the number of monopoles. A six foot fence may be required around the perimeter of the site, if the Board of Appeals finds it is necessary for safety reasons.
2)
Every effort should be made to have the tower and related equipment, fixtures and enclosures blend in with the surrounding environment and not negatively impact an environmentally sensitive area, such as a wetlands or an historic area. Where necessary, screening shall be provided to minimize visible impacts. Items for evaluation during the approval process include color, style, finish, size, location on the lot, camouflaging, and screening. No signage or advertising shall be allowed on towers. No tower may have lighting on it, except as required by the FAA.
c.
Special Permit Findings
In addition to the special permit findings referred to above, the general conditions for approval of a special permit under § 9.05 shall be met.
d.
Additional Guidelines and Standards.
In addition to the above standards, the Planning Board shall consult a telecommunications specialist and shall adopt additional standards or guidelines, subject to public notice and hearing, to establish parameters for the determination of adequate wireless communication coverage; the Board may also consult the specialist to help it in evaluating wireless telecommunications applications.
8.
Issuance of Building Permit
a.
Any modification before or after installation that is found to be significant by the Planning Director and/or Building Commissioner shall be reviewed by the Planning Board and/or Board of Appeals, as appropriate, before issuance of a building permit.
b.
All obsolete antennas (unused for 1 or more years) as identified in the submittal inventory shall be removed at the applicant's expense, before issuance of a building permit.
9.
Fees
a.
A bond equal to removal cost of the proposed antenna or existing obsolete antennas may, at the discretion of the Building Department, be required.
b.
In addition to a building permit fee, a monitoring fee to be determined by the Building Commissioner shall be required and shall be used for creating and maintaining an accurate inventory of all wireless communications antennas in the Town and for monitoring emissions from them.
c.
A fee to be determined by the Building Commissioner shall be required to allow the Planning Board, if it deems necessary, to hire a telecommunications specialist to aid in the evaluation of a specific antenna or tower proposal.
10.
Continuation of Special Permit/Monitoring
The continuation of the approval of any antenna permit is contingent upon the submittal to the Building Commissioner and Director of Health and Human Services of an annual report by a qualified engineer indicating current emissions levels and a statement that current Federal and State radio frequency emission standards are not being exceeded.
11.
Validity
The invalidity of any provision of this section shall not render invalid any other provision of this section.
§ 4.10 FLOODPLAIN OVERLAY DISTRICT
1.
Purpose
The general purpose of this section is to effectively protect the water resources of the Town with zoning provisions that regulate floodplains in a manner that, at a minimum, meets the requirements of the Federal Emergency Management Administration (FEMA) for their National Flood Insurance Program. Specifically, the purposes of the Floodplain Overlay District are to:
a.
Ensure public safety through reducing the threats to life and personal injury;
b.
Eliminate new hazards to emergency response officials;
c.
Prevent the occurrence of public emergencies resulting from water quality contamination and pollution due to flooding;
d.
Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of flooding;
e.
Eliminate costs associated with the response and cleanup of flooding conditions;
f.
Reduce damage to public and private property resulting from flooding waters.
2.
Establishment, Boundaries, and Applicability
a.
Establishment — There is hereby established a Floodplain Overlay District as an overlay district. The District includes all special flood hazard areas within the Town of Brookline designated as Zone A or AE on the Norfolk County Flood Insurance Rate Map (FIRM) dated July 8, 2025 issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the District shall be defined by the 1%-chance Base Flood elevations shown on the FIRM and further defined by the Norfolk County Flood Insurance Study (FIS) report dated July 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board, Building Commissioner, Conservation Commission and Town Engineer. The District boundaries are shown on the Zoning Map that is, per Sections 3.02.1 and 3.02.2, part of the Zoning By-Law.
b.
Applicability — All Development, as defined in this Section 4.10, located in the Floodplain Overlay District shall be reviewed and approved by the Floodplain Administrator prior to any issuance of a building permit, site plan review approval, subdivision approval, special permit, or variance. Note: A Special Permit is required unless the Floodplain Administrator finds that the Development does not increase flooding in Zones A or AE or adversely impact flood risks to other properties.
c.
General Exemptions — For the purposes of this Section, a special permit shall not be required for any demolition or other activity that reduces impervious surface on a lot within the Floodplain Overlay District.
d.
Setback Exemptions — Any required flood water retention systems or related facilities may be permitted to extend into required yard setbacks if deemed appropriate by the Board of Appeals.
e.
Emergency Repairs — The special permit required in this Section shall not apply to emergency repairs or projects necessary for the protection of the health, safety or welfare of the general public which are to be performed or which are ordered to be performed by a Town department, or the commonwealth, or a political subdivision thereof. In no case shall any filling, dredging, excavating, or otherwise extend beyond the time necessary to abate the emergency.
3.
Definitions
The following definitions specifically refer to the provisions of this Section 4.10. The definition of any term not provided in this subsection shall be that which can be found in a generally acceptable dictionary of the English language.
a.
AREA OF SPECIAL FLOOD HAZARD — Means the land in the floodplain within a community subject to a 1% or greater chance of flooding in any given year. The area may be designated as Zone A or AE.
b.
BASE FLOOD — Means the flood having a 1% chance of being equaled or exceeded in any given year.
c.
DEVELOPMENT — Means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
d.
DISTRICT — Means Floodplain Overlay District as defined in Section 2.a, above.
e.
ENCROACHMENT — Means activities or construction within the Floodway including fill, New Construction, Substantial Improvements, and other Development. These activities are prohibited within the adopted regulatory Floodway unless it has been demonstrated through hydrologic and hydraulic analyses that the proposed Encroachment would not result in any increase in flood levels.
f.
EMERGENCY REPAIR — Means projects necessary for the protection of the health, safety or welfare of the general public which are performed or ordered to be performed by a Town department, or the commonwealth, or a political subdivision thereof. In no case shall any filling, dredging, excavating, storage of materials or other type of Development extend beyond the time necessary to abate the emergency.
g.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) — Means the Administrator of the National Flood Insurance Program. FEMA provides a nationwide flood hazard area mapping study program for communities as well as minimum regulatory standards for development in the flood hazard areas.
h.
FEDERAL INSURANCE ADMINISTRATOR — Means the director of FEMA's National Flood Insurance Program.
i.
FLOOD INSURANCE RATE MAP (FIRM) — Means an official map of a community, on which the Federal Insurance Administrator has delineated both the special hazard areas and the risk premium zones applicable to the community.
j.
FLOODPLAIN ADMINISTRATOR — Means the Town official, designated by General Bylaw Article 3.17.3.a, who is responsible for ensuring compliance with the provisions of General Bylaw Article § 3.17.3 and assisting the Building Commissioner with compliance of this Section 4.10.
k.
FLOODWAY — The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the Base Flood without cumulatively increasing the water surface elevation more than a designated height.
l.
FUNCTIONALLY DEPENDENT USE — Means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
m.
HIGHEST ADJACENT GRADE — Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
n.
HISTORIC STRUCTURE — Means any structure that is: (a) Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (c) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or (d) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either: (1) By an approved state program as determined by the Secretary of the Interior in states without approved programs, or (2) Directly by the Secretary of the Interior in states without approved programs.
o.
LOWEST FLOOR — Means the lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a building's lowest floor, PROVIDED that such enclosure is not built so as to render the structure in violation of the applicable non-elevation design requirements of NFIP Regulations 60.3.
p.
NEW CONSTRUCTION — Means, for floodplain management purposes, structures for which the "Start of Construction" commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New Construction includes work determined to be Substantial Improvement.
q.
RECREATIONAL VEHICLE — Means a vehicle which is: (a) built on a single chassis; (b) 400 square feet or less when measured at the largest horizontal projection; (c) designed to be self-propelled or permanently towable by a light duty truck; and (d) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
r.
REGULATORY FLOODWAY — See FLOODWAY.
s.
SPECIAL FLOOD HAZARD AREA — The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A or AE.
t.
START OF CONSTRUCTION — The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement was within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of piles or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a Substantial Improvement, the actual Start of Construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
u.
STRUCTURE — Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home.
v.
SUBSTANTIAL DAMAGE — Means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
w.
SUBSTANTIAL IMPROVEMENT — Means any reconstruction, rehabilitation, addition, or other improvement of a Structure, the cost of which equals or exceeds 50% of the market value of the Structure before the Start of Construction of the improvement. This term includes Structures which have incurred Substantial Damage, regardless of the actual repair work performed. The term does not, however, include either:
(1)
Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions or
(2)
Any alteration of a Historic Structure, provided that the alteration will not preclude the structure's continued designation as a Historic Structure.
x.
SUBSTANTIAL REPAIR OF A FOUNDATION — When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of Massachusetts Building Code regulations at 780 CMR.
y.
VARIANCE — Means a grant of relief by a community from the terms of a floodplain management regulation.
z.
VIOLATION — Means the failure of a Structure or other Development to be fully compliant with the community's floodplain management regulations. A Structure or other Development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3 of Code of Federal Regulations Title 44, Section 59 is presumed to be in violation until such time as that documentation is provided.
aa.
ZONE A — Means an area of special flood hazard without water surface elevations determined, as delineated on the Norfolk County FIRM dated July 8, 2025 issued by FEMA for the administration of the NFIP.
ab.
ZONE AE — Means area of special flood hazard with water surface elevations determined, as delineated on the Norfolk County FIRM dated July 8, 2025 issued by FEMA for the administration of the NFIP.
ac.
ZONE X — Means areas of moderate or minimal flood hazard or areas of future-conditions flood hazard. Zone X replaces Zones B and C on new and revised maps.
4.
Watercourse Alterations
In a riverine situation, the Floodplain Administrator or Town Engineer shall notify the following of any alteration or relocation of a watercourse:
• | Adjacent Communities, especially upstream and downstream. |
• | NFIP State Coordinator Massachusetts Department of Conservation and Recreation |
• | NFIP Program Specialist at FEMA Region 1 |
5.
Encouraged Uses
The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided they are permitted in the underlying district and they do not require structures, fill, or storage of materials or equipment, the removal of tree canopy, or any other Development:
a.
Urban agricultural uses such as urban farming, horticulture, etc.
b.
Nursery uses.
c.
Outdoor recreational uses, including fishing, boating, play areas, etc.
d.
Conservation of water, plants, wildlife.
e.
Wildlife management areas, foot, bicycle, and/or horse paths.
f.
Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.
6.
Procedures
a.
The Town of Brookline requires a Floodplain Development Permit issued by the Floodplain Administrator for all proposed Construction or other Development in the Floodplain Overlay District, including New Construction or changes to existing Buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other Development that might increase flooding or adversely impact flood risks to other properties.
In Zones A and AE, along watercourses that do not have a regulatory floodway designated, the best available Federal, State, local, or other Floodway data shall be used to prohibit Encroachments in Floodways which would result in any increase in flood levels within the community during the occurrence of the Base Flood discharge.
In Zones AE, along watercourses that have a regulatory floodway designated on the FIRMs, Encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory Floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the Base Flood discharge.
In A Zones, in the absence of FEMA Base Flood Elevation (BFE) data and floodway data, the building department will obtain, review and reasonably utilize Base Flood elevation and Floodway data available from a Federal, State, or other source as criteria for requiring New Construction, Substantial Improvements, or other development in Zone A and as the basis for elevating residential structures to or above Base Flood level, for floodproofing or elevating nonresidential structures to or above Base Flood level, and for prohibiting Encroachments in floodways.
b.
The town's permit review process includes the requirement that the applicant obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District. The applicant must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.
1)
The town's permit review process includes review to assure that: (a) such proposals minimize flood damage; (b) public utilities and facilities are located and constructed so as to minimize flood damage; and (c) adequate drainage is provided to reduce exposure to flood hazards.
2)
A Floodplain Development Permit application must be filed within 10 days of the commencement of any Emergency Repair; Emergency Repairs do not require special permits.
3)
Unless the Floodplain Administrator determines that the activity is not an Encroachment that might increase flooding or adversely impact flood risks to other properties (e.g., replacing but not increasing the boundary of a paved area), then a special permit is also required by the Board of Appeals, in addition to the Floodplain Development Permit issued by the Floodplain Administrator. All activities that propose floodplain storage mitigation shall require a special permit by the Board of Appeals.
c.
For special permits to the Board of Appeals, in addition to application information generally required for such a submittal, the applicant shall also present the following:
1)
A detailed site plan drawn to a scale of one inch equals 20 feet showing the elevation and design of flood water retention systems as required by applicable law;
2)
Existing and proposed contour intervals of the site and elevations of existing and proposed Structures must be included on plan proposal. When proposing subdivisions or other Development greater than 50 lots or five acres (whichever is less), the applicant must provide technical data to determine Base Flood elevations for each developable parcel shown on the design plans;
3)
Where Recreational Vehicles will be on a site for 180 consecutive days or greater, the plans must demonstrate how they will be elevated and anchored in accordance with the applicable federal regulations for foundation and elevation requirements or a condition of the special permit shall ensure that the Recreational Vehicle be fully licensed and highway ready;
4)
Reasonably available Base Flood elevation data, whether or not where the Base Flood elevation is not provided on the FIRM; and
5)
Certification and supporting documentation by a Massachusetts registered professional engineer demonstrating that Encroachment of the Floodway would not result in any increase in flood levels within the community during the occurrence of the Base Flood discharge.
d.
Upon receipt of a special permit application and development plans, the Board of Appeals staff shall transmit copies of the plans to the Floodplain Administrator, Conservation Commission, Town Engineer, Building Commissioner, Director of Planning and Community Development, and Board of Appeals. Within 45 days of receipt of the plans, the Floodplain Administrator and Conservation Commission shall review said plans and submit their respective reports and recommendations to the Board of Appeals. The Board shall not render any decision on an application for a special permit for development in the Floodplain Overlay District until the Conservation Commission report has been received and considered or until the 45-day period has expired without the receipt of such report, whichever is earlier.
e.
A use variance for Uses 49A or 49B or any other variance from this Section 4.10 must meet the requirements set out by State law, and may only be granted if findings can be made that: 1) Good and sufficient cause and exceptional non-financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief.
7.
Criteria
The Board of Appeals may grant a Special Permit for Development in the Floodplain Overlay District if the Floodplain Administrator finds that such Development has met all of the following criteria in addition to other criteria required for the granting of a special permit:
a.
No filling or other Encroachment shall be allowed in Zone "A", Zone "AE" areas or in the Floodway which would impair the ability of these special flood hazard areas to carry and discharge flood waters, except where such activity is fully offset by stream improvements such as, but not limited to, flood water retention systems as allowed by applicable law.
b.
Displacement of water retention capacity at one location shall be replaced in equal volume at another location on the same lot, on an abutting lot in the same ownership, on a noncontiguous lot in the same ownership, or in accordance with paragraphs 1) through 3) below:
1)
All flood water retention systems shall be suitably designed and located so as not to cause any nuisance, hazard, or detriment to the occupants of the site, abutters, or tenants and residents of the abutters' property.
2)
The proposed use shall comply in all respects with the provision of the underlying zoning district, provisions of the State Building Code, State Inland Wetland Act, and any other applicable laws.
3)
Any development activity requiring a special permit from the Board of Appeals under other provisions of this Zoning By-law shall incorporate the requirements of this Section within the scope of that special permit and shall not require separate application to the Board of Appeals.
c.
Unnumbered A Zones
In A Zones, in the absence of FEMA Base Flood Elevation data and floodway data, the Floodplain Administrator and building department will obtain, review and reasonably utilize Base Flood elevation and Floodway data available from a Federal, State, or other source as criteria for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above Base Flood level, for floodproofing or elevating nonresidential structures to or above Base Flood level, and for prohibiting encroachments in Floodways.
d.
If approved by the Floodplain Administrator, the Board of Appeals may require screening, or landscaping of flood water retention systems to create a safe, healthful, and pleasing environment.
8.
Interpretation, Liability, and Severability
The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.
The degree of flood protection required by this bylaw is considered reasonable but does not imply total flood protection.
If any section, provision or portion of this bylaw is deemed to be unconstitutional or invalid by a court, the remainder of the bylaw shall be effective.
§ 4.11 LAND DISTURBING ACTIVITIES AND STORMWATER MANAGEMENT
Land disturbing activities and stormwater management are controlled by the By-Laws of the Town of Brookline, ARTICLE 8.26 stormwater management, and administered and enforced by the Department of Public Works. See Town By-Law subsections 8.25.1 Discharges to the Municipal Drain System, 8.25.2 Erosion and Sediment Control, and 8.25.3 Post Construction Stormwater Management for these specific regulations.
§ 4.12 REGISTERED MARIJUANA DISPENSARY (RMD)
1.
Purpose
The intent of this section is to allow RMDs in appropriate locations and under strict safeguards to mitigate any possible adverse public health and safety consequences related to the establishment of RMDs in the Town of Brookline, in conformity with Chapter 369 of the Acts of 2012 (Question # 3 on the November 6, 2012 ballot).
If any provisions of this section shall be held to be invalid, those provisions shall be severable and the remaining sections shall be valid.
2.
General Restrictions
An RMD shall:
a.
Have a valid license or permit as may be required by law, including 105 CMR 725 and the Town By-Law, and comply with all state provisions.
b.
Be located more than 500 feet from an elementary or secondary school, public or private, as measured from lot boundary to lot boundary.
c.
Not be located in a building that contains a day care center.
d.
Not have direct access from a public way to the portion of the RMD where marijuana or related products or supplies are dispensed.
e.
Have signage that conforms to the state regulations, is not internally illuminated, and is approved by the Brookline Planning Board under Article VII of the Brookline Zoning By-Law.
f.
Require that if an RMD cultivates marijuana in Brookline, it shall be in an entirely enclosed building for security purposes.
3.
Submittal Requirements prior to issuance of a Building Permit for an RMD
The following information shall be provided to the Building Department:
a.
The name and address of each owner of the RMD.
b.
Copies of any required licenses and permits relating to the operation of the RMD, or, if an application for a required license or permit is pending, a copy of the application.
c.
Evidence of the Applicant's right to use the proposed site as an RMD, such as a deed or lease.
d.
If the Applicant is a business organization, a statement disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or other similarly-situated individuals and entities and their addresses. If any of the above are entities rather than persons, the Applicant must disclose the identity of the owners/trustees of such entities by listing the individuals' names and addresses.
4.
Submittal Requirements prior to issuance of a Certificate of Occupancy for an RMD
The following information shall be provided to the Building Department:
a.
Proof that the Brookline Police Department has been provided with the name, phone numbers and email addresses of all management staff, and persons with access to the facility when it is closed, to enable contact if operating problems should arise.
b.
Proof that the Brookline Police Department has approved the proposed security measures and that all security measures have been installed or implemented.
§ 4.13 MARIJUANA ESTABLISHMENTS
1.
Purpose
The intent of this section is to permit Marijuana Establishments to operate in locations and pursuant to local requirements that ensure safe and appropriate implementation of Chapter 334 of the Acts of 2016 (Question #4 on the November 8, 2016, ballot), legalizing recreational Marijuana, within the community.
If any provisions of this section shall be held to be invalid, those provisions shall be severable and the remaining sections shall be valid.
2.
Definitions
See Massachusetts General Laws Chapter 94G, Section 1, Chapter 94I, Section 1, and the regulations promulgated thereunder, as they may be amended, as well as Section 2, Definitions, of the Zoning By-Law for further definitions of applicable terms.
3.
Cap on the Number of Special Permits for Marijuana Retailers, Marijuana Couriers, Marijuana Delivery Operators, and Social Consumption Marijuana Retailers
The Zoning Board of Appeals shall not grant a special permit if doing so would result in a total number of outstanding special permits granted to Marijuana Retailers, Marijuana Couriers, Marijuana Delivery Operators, and Social Consumption Marijuana Retailers that exceeds any cap set by a General By-Law on the number of Select Board Marijuana Establishment licenses that can be issued to Marijuana Retailers, Marijuana Couriers, Marijuana Delivery Operators, and Social Consumption Marijuana Retailers.
If no such General By-Law is in effect at the time of a vote by the Zoning Board of Appeals on a special permit application, the Zoning Board of Appeals shall not issue a special permit if doing so would result in a total number of outstanding special permits that exceeds the following limitations: The Zoning Board of Appeals shall not issue more special permits in each of the following categories of Marijuana Establishment licenses than the number that is 20% of the number of liquor licenses for off-premises alcohol consumption that have been issued by the Select Board pursuant to M.G.L. c. 138, § 15, as rounded up to the nearest whole number in the event the number is a fraction: a) Storefront Marijuana Retailers; b) Marijuana Couriers; c) Marijuana Delivery Operators; and d) Social Consumption Marijuana Retailers.
4.
Additional Location Requirements for Marijuana Establishments
1.
Marijuana Establishments shall not be located in a building that contains a pre-existing daycare center.
2.
Marijuana manufacturing or extraction shall not be done in any building containing assembly, educational, health care, ambulatory health care, residential board and care, residential, or detention and correctional facilities.
3.
Marijuana Couriers and Marijuana Transporters shall not occupy street-level space in Local or General Business districts.
4.
The required distance from schools that serve Kindergarten through 12th grade, public or private, shall be:
a.
500 feet for i) Social Consumption Marijuana Retailers issued a primary use license; and ii) Storefront Marijuana Retailers with the following provisions:
1.
Where the 500-foot buffer intersects a major corridor (as defined in subsection 2 immediately below), the buffer zone shall not include land on the opposite side of the major corridor from where the school is located.
2.
For purposes of this section, "major corridors" are defined as Beacon Street, Commonwealth Avenue, and/or Route 9 (otherwise known as Boylston Street, including a portion of Route 9 that converts to Washington Street).
b.
No distance requirement applicable to i) Marijuana Research Facilities that do not hold a Marijuana Retailer license; ii) Marijuana Independent Testing Laboratories; and iii) Marijuana Standards Laboratories.
c.
200 feet for all other Marijuana Establishments.
d.
Measured from lot boundary to lot boundary.
5.
Density requirements for Social Consumption Marijuana Retailers issued a primary use license and Storefront Marijuana Retailers shall be:
a.
A minimum of 200 feet from another Social Consumption Marijuana Retailer issued a Select Board primary use license pursuant to Article 8.37 of the Town's General Bylaws or a Storefront Marijuana Retailer, if any portion of the establishment is located at street-level.
b.
Allowed within 200 feet from another Social Consumption Marijuana Retailer issued a Select Board primary use license pursuant to Article 8.37 of the Town's General Bylaws or a Storefront Marijuana Retailer above or below street-level as long as the Zoning Board of Appeals determines that doing so will not have a detrimental impact on the vibrancy of the streetscape and all other applicable requirements are satisfied (applicable to uses 29A and 29B).
c.
Measured from lot boundary to lot boundary.
6.
Store Size Limitations for Social Consumption Marijuana Retailers issued a primary use license and Storefront Marijuana Retailers, Marijuana Couriers, and Marijuana Delivery Operators shall:
a.
Not exceed a total gross floor area of 5,000 square feet per establishment.
b.
Not exceed a gross floor area of 3,500 square feet and no more than 5,000 square feet total gross floor area per establishment if any portion of the establishment is located at street-level. Not applicable to Marijuana Couriers and Marijuana Delivery Operators.
c.
Not apply to Medical Marijuana Treatment Centers licensed to operate prior to July 1, 2017, who receive a State Storefront Marijuana Retailer license or Delivery-Only Marijuana Retailer license pursuant to M.G.L. c. 94G and the regulations promulgated thereunder, unless a licensed Medical Marijuana Treatment Center expands the licensed premises or building.
7.
A minimum of one loading space sufficient in size to park and load any vehicle used for delivery shall be required for Marijuana Delivery Operators and shall be used solely to meet the loading and delivery needs associated with the use on the site.
5.
Site Plan Review for Marijuana Establishments
The following describes requirements for a Marijuana Establishment Site Plan Review Process to precede the Marijuana Establishment's application for a building permit and a special permit:
A.
Prior to applying for a building permit, the Marijuana Establishment shall have an initial informal meeting with the Planning Director and the Building Commissioner or designees to discuss development plans and relevant Zoning By-Law requirements.
B.
The appropriate site plan review process shall be determined at the initial meeting consistent with the Zoning By-Laws, which may include, but is not limited to, the process for Major Impact Projects and Design Advisory Teams.
C.
In addition, at the discretion of the Planning Director or designee, the Marijuana Establishment Site Plan Review process may entail submission of reports from all relevant departments and divisions, which may include the Health Department, the Police Departments, the Fire Department, the Building Department, the Department of Public Works (e.g., the Transportation Division in the event that a Transportation Demand Management Plan may be contemplated, the Water Division, the Highway and Sanitation Division, as applicable), and/or any other Department that the Planning Director or designee determines to be appropriate to the project.
D.
The applicant is responsible for obtaining any Department report deemed necessary by the Planning Director or designee in connection with Marijuana Establishment Site Plan Review process and submitting the report to the Planning Department. The Planning Department will assist with identifying to the applicant information and documents that Departments may require in connection with issuing their reports. Departments responsible for reports may identify other needed information and documents needed from the applicant.
E.
Each Department designated by the Planning Department to issue a report will make its report available to the applicant no later than forty-five (45) calendar days from the date the applicant has completed submission to the Department of all requested information and documents.
F.
In the event a Department designated by the Planning Department to issue a report does not do so within 45 days of when the applicant submitted all requested information and documents to the Department, the applicant may submit to the Planning Department, in lieu of the report, a letter showing evidence of the applicant's submission of requested information and documents to the Department or stating that no documents or information was requested, as the case may be.
G.
The Marijuana Establishment shall cooperate with requests for information or meetings by the Planning Director and/or by any of the Departments designated by the Planning Director to issue reports as part of the Marijuana Establishment Site Plan Review process, which information may include the Marijuana Establishment's application for a license from the Cannabis Control Commission or relevant State agency.
H.
Marijuana Establishments may not apply for a building permit until the Planning Director and Building Commissioner have issued a written Notice of Completion of Marijuana Establishment Site Plan Review.
6.
Special Permits
The following apply to special permits to operate a Marijuana Establishment, in addition to the requirements set forth in § 9 of the Zoning By-Laws.
A.
Application requirements: Marijuana Establishments shall include with their special permit application:
1.
Copies of any required licenses and permits relating to the operation of the Marijuana Establishment, or, if an application for a required license or permit is pending, a copy of the application.
2.
Evidence of the Marijuana Establishment's right to use the proposed site as a Marijuana Establishment, such as a deed or lease.
3.
A copy of the Notice of Completion of Marijuana Establishment Site Plan Review Process for Marijuana Establishments.
4.
Any other materials requested by the Special Permit application form, as well as any other additional materials the Planning Department determines is necessary for review, such as Department reports or transportation studies or a license application.
B.
Special permit criteria: The Board of Appeals shall not approve any application for a special permit unless it finds that in its judgment all of the following conditions are met:
1.
Issuance of the special permit would not contravene the cap on the number of special permits that may be granted (see subsection 3, Cap on the Number of Special Permits for Storefront Marijuana Retailers, Marijuana Couriers, Marijuana Delivery Operators of this section) and any applicable density restrictions (see subsection 4, Additional Location Requirements for Marijuana Establishments, of this section).
2.
The location is compliant with Section 4.13 in its entirety.
3.
The Board of Appeals is otherwise satisfied that the Marijuana Establishment has the ability to comply with the General Requirements for Marijuana Establishments set forth in Section 4.13, and 4.12 if applicable.
7.
Submittal Requirements prior to issuance of a Certificate of Occupancy
The following information shall be provided to the Building Department:
A.
Proof that the Brookline Police Department has been provided with the name, phone numbers and email addresses of all management staff, and with access to the facility when it is closed, to enable contact if operating problems should arise.
B.
Proof that all security measures required by the special permit have been installed or implemented.
C.
Proof that the applicant is compliant with implementing any required transportation mitigation measures.
8.
Enforcement
This section of the Zoning By-Law shall be enforced by the Building Commissioner or the Building Commissioner's designee, as may be consistent with law. This Section, 9. Enforcement, shall supersede any conflicting provision of the Zoning By-Laws that would otherwise be applicable to the enforcement of this section.
§ 4.14 SHORT-TERM RENTALS
1.
Purpose
This section is intended to protect the health and safety of visitors and residents, ensure that the primary use of these properties remains as a residence, and to minimize the effect Short-Term Rentals have on the character and livability of residential neighborhoods and the well-being of surrounding residents.
2.
Applicability
a.
The requirements of this section shall apply to any Short-Term Rental. No property shall be offered as a Short-Term Rental except in compliance with each of the provisions of this By-Law.
b.
Nothing in this By-Law shall be construed to make the Town responsible for compliance with or enforcement of condominium by-laws or other governing documents, or any contract or agreement to which the Town is not a party.
3.
Requirements
Short-Term Rentals shall comply with all applicable federal, state, and local laws, regulations and codes, including, but not limited to, the Town's General By-law entitled "Short-Term Rentals".
4.
Severability
If any provision(s) of this section is held to be invalid, such provision(s) shall be severed and the remaining sections shall be valid.
§ 4.14.1 FIREARM BUSINESS USES [1]
1.
Purpose. To establish criteria for the establishment of Firearm Business Uses in the Town to address public safety concerns arising from the operations of such businesses and the potential disruption of peace and quiet enjoyment of the community. This Section 4.14 provides for separation between Firearm Business Uses and certain uses enumerated herein to maximize protection of public health, safety, and welfare in conjunction with the protections from G.L. c. 140, § 122-131Y and other State laws and regulations. To the extent this section or any related section can be read to potentially conflict with G.L. c. 140 or other State laws or regulations, the section shall be interpreted to minimize any conflict with State laws or regulations while maximizing the furtherance of the public safety and other public purposes underlying this Section.
2.
Definitions.
See Section 2, Definitions, of the Zoning By-Law for definitions of applicable terms.
3.
Firearm Business Uses not allowed as-of-right. Firearm Business Uses are not included within the definitions of retail sales or services, manufacturing, or any other lawful business permitted as of right or by special permit contained in other Sections of this Zoning By-Law.
4.
Firearm Business Uses allowed by special permit. Use of land, buildings or structures for a Firearm Business Use shall be allowed only by special permit in the districts specified in Section. 4.07, Table of Use Regulations, subject to the requirements and criteria of this Section. 4.14.
5.
Location requirements.
All distances in this Section shall be measured in a straight line from the property line of the lot containing the proposed Firearm Business Use to the nearest property line of any of the designated uses set forth herein:
a.
Firearm Business Uses shall not directly abut any property containing a residential use.
b.
Firearm Business Uses shall not be located within 1,000 feet of any private or public K-12 school, whether such school is located within or without the Town's boundaries
c.
Firearm Business Uses shall not be located within 500 feet of any daycare center, preschool, child-care facility, or an existing Firearm Business Use at another location, whether such daycare center, preschool, child-care facility or firearm business use is located within or without the Town's boundaries.
d.
No Firearm Business Use shall be located within a building containing a dwelling unit.
6.
Operational requirements.
a.
Firearm Business Uses shall obtain and maintain all necessary Federal, State and other required local approvals and licenses prior to beginning operations, including, but not limited to, a valid, current State license issued pursuant to G.L. c. 140, § 122, as applicable. Required State and Federal licenses must be obtained before applying for a Special Permit.
b.
Firearm Business Uses shall comply with all applicable Federal, State and local laws and regulations in the operation of their business.
c.
The hours of operation for a Firearm Business Use shall not adversely impact nearby uses. The hours of operation shall follow all state statutory and regulatory requirements, but in no case shall any Firearm Business Use be open before 10:00 a.m. or remain open after 5:00 p.m.
d.
Prior to the application for a Special Permit, all Firearm Business Uses shall submit a security plan to the Brookline Police Department for review and approval. Review and approval of the security plan may include an inspection of the proposed site by the Police Department. The plan must include, but not be limited to, the following:
1.
Proposed provisions for security.
2.
A trained employee shall check identification and compliance with age restrictions prior to customers entering the establishment.
3.
The physical layout of the interior, including a demonstration that the size of the store is not so excessive so as to create issues with site security and video monitoring.
4.
After-hours storage of all Firearms in locked containers or by otherwise securing the Firearms with tamper-resistant mechanical locks.
5.
The number of employees.
e.
Prior to the application for a Special Permit, all Firearm Business Uses shall submit an operations and management plan to the Brookline Police Department for review and approval.
f.
All Firearm Business Uses shall conduct criminal background checks for all employees in accordance with State law.
g.
No persons under the age of 18 shall have access into or within a Firearms Business Use, with the sole exception that minors age 14 and older may access a Firearms Dealer accompanied by the minor's parent or legal guardian.
h.
Firearms Dealers shall videotape the point of sale of all firearms transactions and maintain videos for three years to deter illegal purchases and monitor employees.
7.
Special permit application and procedure. In addition to the procedural and application requirements of Section. 9.03, an application for special permit for a Firearm Business Use shall include, at a minimum, the following information:
a.
Description of Activities: A narrative providing information about the type and scale of all activities that will take place on the proposed site.
b.
Lighting Analysis: A lighting plan showing the location of proposed lights on the building and the lot and a photometric plan showing the lighting levels.
c.
Context Map: A map depicting all properties and land uses within a minimum 1,000 foot radius of the proposed lot. The context map shall include the measured distance to all uses described in Section. 4.14.E.1 above, and shall be certified by a design professional such as an architect, engineer or land surveyor.
d.
Description of Ownership, Management, and Employees: The name and address of the legal owner of the establishment. The name and address of all persons having any legal, beneficial, equitable, or security interests in the establishment. In the event that a corporation, partnership, trust or other entity is listed, the name, and address of every person who is an officer, shareholder, member, manager, or trustee of the entity must be listed. The name, address, phone number and email address of the manager(s) and assistant manager(s).
e.
Comprehensive Signage Plan:
f.
Report from Chief of Police or designee: confirming that the applicant has submitted the plans requiring approval by the Police Department, and those plans have been approved, along with any additional information requested by the Zoning Board of Appeals or that the Chief of Police feels is relevant to the special permit application.
8.
Special Permit Criteria. In granting a special permit for a Firearm Business Use, in addition to finding that the general criteria for issuance of a special permit are met, the Zoning Board of Appeals shall find that the following criteria are met:
a.
The lot is designed such that it provides convenient, safe and secure access and egress for clients and employees arriving to and leaving from the lot.
b.
The establishment will have adequate and safe storage, security, and a lighting system.
c.
Loading, refuse and service areas are designed to be secure and shielded from abutting uses.
d.
The establishment is designed to minimize any adverse impacts on abutters or pedestrians.
e.
The location and operating characteristics of the proposed use will not be detrimental to the public health, safety and welfare of the neighborhood, which may extend into an adjacent municipality, or the Town.
f.
All signage has been reviewed and approved by the Planning Board as to letter size, color and design per Section. 7.08, to ensure mitigation of impact to the surrounding neighborhood, consistent with applicable federal and State law.
g.
The establishment has satisfied all of the conditions and requirements in this section.
9.
Severability. If any portion of this section is ruled invalid, such ruling will not affect the validity of the remainder of the section.
[1]
Editorial Note: The Firearms Business Uses section should be numbered Section 4.15.