Brookline City Zoning Code
ARTICLE VI
VEHICULAR AND BICYCLE SERVICE USES REQUIREMENTS
§ 6.00 INTENT OF REQUIREMENTS
1.
It is the intent of this Article of the By-law that any use of land involving the arrival, departure, storage, or entry upon the land of motor vehicles be so designed and operated as to reduce hazard to pedestrians upon the public sidewalks, to protect the use of adjoining property from nuisance caused by the noise, fumes, and glare of headlights which may result from the operation of cars parking off the street, and at the same time to reduce congestion in the streets and contribute to traffic safety by assuring adequate places for the standing and storing off the street of motor vehicles associated with any use of land.
2.
In order that all structures and land uses eventually be provided with sufficient off-street parking space to meet the needs of persons employed at or making use of such structures or land uses, no application for a permit in districts other than Harvard Street Main Street Corridor districts (H-MS, H-MS-O, H-MST, H-MSN) for the erection of a new structure or substantial alteration of an existing structure to the extent specified in § 6.01, paragraph 2. or for the development of a land use, shall be approved unless the plan for off-street automobile parking facilities is in accordance with the provisions of § 6.04. No permit shall be issued for a development or substantial alteration for a development within the H-MS, H-MS-O, H-MST, H-MSN districts, unless the standards and provisions for parking and mobility in Article XI are met in its entirety.
3.
Where a parking facility is a principal use of any lot, it shall not be opened to use until the Building Commissioner has issued a certificate of compliance to the effect that the lot conforms to the provisions of § 6.04 or any other conditions specified by the Board of Appeals. Such certificate may be revoked by the Building Commissioner upon violation of any of the conditions set forth in § 6.04 or imposed by the Board of Appeals.
4.
In order that all structures and uses requiring the large-volume delivery of goods by truck as part of their functions eventually be provided with necessary space for off-street loading as required in § 6.06, no application for permit in districts other than Harvard Street Main Street Corridor districts (H-MS, H-MS-O, H-MST, H-MSN) for the erection of a new structure or substantial alteration of an existing structure to the extent specified in § 6.06, paragraph 2., or for the development of a land use, shall be approved unless the plan for off-street loading facilities is in accordance with the provisions of § 6.07. No permit shall be issued for a development or substantial alteration for a development within the H-MS, H-MS-O, H-MST, H-MSN districts, unless the standards and provisions for parking and mobility in Article XI are met in its entirety.
6.
It is further the intent of this Article to encourage the use of bicycles for many types of personal travel by means of assuring the residents of multi-family residential buildings of the availability of convenient and safe places for storage of their bicycles, sheltered from precipitation, and secure against theft or vandalism of the bicycles or accessories thereon. Such facilities shall be provided in accordance with the general regulations of § 6.01, as well as the bicycle parking space and design regulations of § 6.05.
7.
Parking facilities shall be equipped with EV Ready Spaces C or EV Ready Spaces R as defined in Section 6.10 or with EV Ready Spaces as defined in the latest edition of the Massachusetts State Building Code to provide scalable, reliable, and accessible EV charging, to implement the Town's sustainability policy, and to minimize the challenges associated with retrofits.
§ 6.01 GENERAL REGULATIONS APPLYING TO REQUIRED OFF-STREET PARKING FACILITIES
1.
Structure and land uses in existence or for which building permits have been issued at the date of adoption of this By-law shall not be subject to the requirements of this Article so long as the kind or extent of use is not changed, provided that any parking facilities now serving such structures or uses shall not in the future be reduced below such requirements.
2.
Whenever there is an alteration of a structure or a change or extension of a use which increases the parking requirements by 15 percent or more according to the standards of § 6.02, the total additional parking requirements for the alteration, change, or extension shall be provided in accordance with the requirements of that section. The calculation of a 15 percent increased requirement shall be based on the aggregate of alterations, changes, or extensions undertaken since July 27, 1962, or since the effective date of any later change in the parking requirements applicable to the premises prior to any alteration, change or extension.
a.
In SC, T, F, M, L, or G Districts, when a structure is converted for one or more additional dwelling units and the conversion results in an increased parking requirement, parking requirements for the entire structure shall be provided in accordance with the requirements of § 6.02. However, the Board of Appeals by special permit under Article IX may reduce or eliminate the minimum number of parking spaces required under § 6.02.
3.
No parking area shall be used for any use that interferes with its availability for the parking need it is required to serve.
4.
All required parking facilities shall be provided and maintained so long as the use exists which the facilities were designed to serve. Off-street parking facilities shall not be reduced in total extent after their provision, except when such reduction is in conformity with the requirements of this Article. Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the employees or other persons whom the facilities are designed to serve. Required parking spaces shall not be assigned to specific persons or tenants nor rented or leased so as to render them in effect unavailable to the persons whom the facilities are designed to serve, except as described below in § 6.01.5. Such facilities shall be designed and used in such a manner as at no time to constitute a nuisance, or a hazard, or unreasonable impediment to traffic.
5.
Parking spaces that do not require the moving of any motor vehicle to access such spaces may be rented or leased to a CSO per Use 22A of § 4.07. Where the computation of allowed CSO parking spaces results in a fractional number, only the fraction of one-half or more shall be counted as one. The Building Commissioner, in reviewing any open air parking lot license for zoning purposes, shall forthwith transmit a copy to the Planning and Community Development Director. Comments from these departments to the Select Board members shall include, but are not limited to, issues such as screening, nuisance issues, hours of cleaning or other operations, circulation of vehicles, traffic concerns, or other site-specific concerns, and may include recommended conditions to the Select Board. In the case of a Special Permit, in addition to the conditions for approval described in § 9.05, a demonstration must be made, through utilization surveys and other techniques where appropriate, that previous on-site parking demand will not be shifted to parking spaces on adjacent public streets to the detriment of the neighborhood as a whole. All parking facilities renting or leasing spaces to a Car Sharing Organization (CSO) shall have non-illuminated signage not to exceed three square feet per parking facility that includes the name and phone number of the property owner or lessor to be contacted for any nuisance issues that may arise. Such signage is not subject to the design review process as described in § 7.03, paragraph 2.
6.
Wherever else in this Zoning By-Law the term "parking" is used without specific reference to bicycle parking, such term shall refer only to parking for Motor Vehicles and not to bicycle parking.
§ 6.02 OFF-STREET PARKING SPACE REGULATIONS
1.
Off-street parking facilities shall be provided for each type of land use, in accordance with the following table, which is part of this Article, except as otherwise permitted in this section, and subject to the further provisions of Article VI. Parking spaces for the physically handicapped shall meet the number and dimensional requirements set forth in the Rules and Regulations of the Architectural Access Board and any other applicable provisions of law.
a.
Where the computation of required parking space results in a fractional number, only the fraction of one-half or more shall be counted as one.
b.
The Zoning Board of Appeals may reduce or eliminate, by Special Permit under the requirements of Section 9.05, the minimum parking requirements of § 6.02, Paragraph 1, TABLE OF OFF-STREET PARKING SPACE REQUIREMENTS for all residential uses, as listed in § 4.07 of the Table of Use Regulations numbers 1-8a, except for the handicapped accessible parking spaces required under § 6.02 2.h, if the Zoning Board of Appeals finds that the reduction or elimination of minimum parking requirements accomplishes one or more of the following:
• | Creation of an additional unit or units than would be allowed under the existing zoning, except for the lack of available parking under current requirements. |
• | Provision of on-site affordable housing units in excess of those required by Section 4.08 of the Zoning By-Law. Where a project includes both market-rate and affordable units, the parking ratio shall be the same for all units. |
• | Construction or renovation of the proposed building or use to be fossil-fuel-free when not otherwise required. |
• | Preservation of a building with historic or architectural significance as determined by the Preservation Commission. Reductions may be denied to any project that involves demolition of an existing structure, whether or not determined to be of historic or architectural significance. |
• | Preservation of a landmark tree or significant landscaping element as determined by the Town Tree Warden. |
• | Provision of significantly more usable and/or landscaped open space than required by the Zoning By-Law |
• | Providing support to community services or facilities as accepted and approved by the Director of Public Works or Building Commissioner |
Or other material counterbalancing amenities as determined appropriate by the Planning Board and Zoning Board of Appeals. Compliance with the Regulations of the Architectural Access Board must be maintained. | |
c.
When a change or expansion of a non-residential use in a business district is proposed primarily or entirely within an existing building, the Board of Appeals by special permit may waive up to 10 spaces, or up to 50%, of any increased requirement, whichever is greater. In determining whether a waiver of parking is appropriate, the Board of Appeals shall consider evidence which shall be provided by the applicant regarding the following items:
1)
The operating characteristics of the proposed use including but not limited to a description of the type of business, hours of operation, number of employees, and delivery service requirements;
2)
The peak parking demand for the proposed use in relation to the peak parking demand generated by other uses in the area;
3)
The need for and provision of employee parking; and
4)
The availability and/or shortage of existing public parking and transit facilities in the area.
d.
Two or more uses may provide for required parking in a common parking lot if the total space provided is not less than the sum of the spaces required for each use individually. The number of spaces required in a common parking facility may be reduced below this total by special permit under Article IX if it can be demonstrated to the Board of Appeals that the hours or days of peak parking need for the uses are so different that a lower total will provide adequately for all uses served by the facility.
e.
Where part of a lot is or has been acquired by the Town to be used by the Town for a public parking or off-street loading facility or for facilities accessory to public parking and off-street loading, the parking requirements on the remaining property in private ownership shall be reduced by the number of spaces that could have been provided on the part of the lot so acquired by the Town, calculated on the basis of one space per 400 square feet of lot area so acquired.
f.
For storefront uses (which shall include Uses 12 through 14 inclusive, 16 through 18A inclusive, 20, 20A, 20C, 21, 29, 30, 32 through 36A inclusive, 36C, 37and 44, as listed in Article IV) on any lot for which any portion of the lot is within the Transit Parking Overlay District, the parking ratios specified in the table in 6.02, paragraph 1 shall serve as maximum allowable parking ratios. These storefront uses are not subject to the minimum parking space requirements in Section 6.02. The Zoning Board of Appeals may grant a special permit to exceed the maximum number of parking spaces allowed.
SECTION 6.02, Paragraph 1, TABLE OF OFF-STREET PARKING SPACE REQUIREMENTS |
SECTION 6.02, Paragraph 1, TABLE OF OFF-STREET PARKING SPACE REQUIREMENTS |
SECTION 6.02, Paragraph 1, TABLE OF OFF-STREET PARKING SPACE REQUIREMENTS |
2.
Residence Uses shall include Uses 1 through 8 inclusive, 51, 51-A, 52, and 52-A, as listed in Article IV.
a.
For hotels, each sleeping room shall equal one dwelling unit. For lodging houses, each ten sleeping rooms shall equal one dwelling unit. Where sleeping rooms contain beds for more than two persons, each 20 beds shall equal one dwelling unit.
b.
For that floor area of hotels used for eating, drinking, dancing, meeting halls or similar purposes, parking spaces shall be provided according to the requirements for Public Assembly Uses. Where no fixed seats are used, 20 square feet of floor area shall equal one seat.
c.
A low-rent housing project of the Brookline Housing Authority for elderly persons or elderly families (as defined in applicable state or Federal legislation[1]) need not provide more than one-fifth the number of spaces which would otherwise be required by this section. The foregoing sentence shall cease to be applicable when and if such project is no longer operated by a public body to provide low-rent housing for such elderly persons or elderly families.
d.
The number of spaces required for housing (other than as specified in subparagraph c. above) having age of occupant or maximum rents or maximum sales prices controlled in order to comply with the conditions of Federal, state, or local legislation or regulations or on- site unit approved per § 4.08 thereunder may be reduced by the Board of Appeals by special permit where it can be demonstrated that the parking needed for occupants and visitors will be below that otherwise required by this section and that the number of spaces otherwise required by this section could eventually be accommodated on the site should the building ever be changed to other kinds of occupancy requiring additional parking spaces. Special permits granted under this section shall apply only for the type of rents and occupancy specified at the time of application, and shall not reduce the parking requirement below one-fifth of the number of spaces which would otherwise be required by this section.
e.
For residential uses in M, L, and G districts, ten percent of all required parking spaces shall be designed and marked for use by visitors and tradespeople. For mixed use developments, the number of visitor spaces shall be based on the parking requirement for the residential use only.
f.
If residential uses include an extended care facility, one additional space shall be provided for each eight patient beds.
g.
The number of off-street parking spaces required for life care facilities as defined by this By-law or other forms of congregate elderly housing defined by the Commonwealth of Massachusetts' Department of Elder Affairs, shall be subject to a special permit from the Board of Appeals. However, in no instance shall the total number of off-street parking spaces be less than twenty-five percent of the spaces which would otherwise be required by this section. An approved Transportation Access Plan shall be required for any parking reduction and shall evaluate the parking needs not only of residents but also of employees and visitors.
h.
Residential uses on any lot for which any portion of the lot is within the Transit Parking Overlay District, notwithstanding the requirements of § 3.02 paragraph 4, must provide no fewer off-street parking spaces per dwelling unit than 1 for studio units, 1.4 for one-bedroom units, 2 for two-bedroom units, 2 for dwelling units of three or more bedrooms, but any new construction, redevelopment, or conversion that is otherwise subject to this subsection and that results in an increase in the numbering of housing units need not provide more than 0.5 parking spaces per studio unit or 1 parking space for any dwelling unit of 1 or more bedrooms; however, any development in the Transit Parking Overlay District containing at least 15 dwelling units shall provide handicap accessible parking spaces (as described in § 6.04g) equal to at least 5% the number of residential units.
3.
Places of Public Assembly shall include Uses 9, 12 to 14 inclusive, 16, 30, and 34, as listed in Article IV.
a.
Where Places of Public Assembly are provided with benches rather than fixed individual seats, each 1.5 linear feet of bench shall equal one seat.
b.
Where no fixed seats are used, each 20 square feet of public floor area shall equal one seat.
c.
Places of worship need not provide the requirements specified in this section.
d.
Bowling alleys shall provide two parking spaces for each alley.
e.
For recreational or social uses primarily designed for neighborhood or Town-wide activities and owned or operated by an agency of the Town, the Board of Appeals may by special permit modify the requirements of this section.
4.
Institutions shall include Uses 10, 11, 15, 17, and 19 as listed in Article IV.
a.
Institutional uses intended primarily for children under 15 need not provide more than one-third the requirement specified, and parking spaces for safe drop-off and pick-up shall be provided to the satisfaction of the Director of Engineering/Transportation, who may take into consideration safety factors that include, but are not limited to, the number of children being dropped off, the time of the drop-off, speed limit for vehicles on the roadway abutting the drop-off, access to and from such spaces, pedestrian and vehicle flow, proximity to crosswalks, bus stops and/or intersections and signage.
b.
Hospitals shall provide one parking space for each four patient beds. Hospitals, sanitariums or convalescent homes primarily providing long-term custodial care for patients need not provide more than one parking space for each eight patient beds.
c.
Under a special permit the Board of Appeals may permit modification in the requirements specified in this Article as applied to Use 10 and Use 15 to the extent necessary to allow reasonable development of such a use in general harmony with other uses permitted and as regulated in the vicinity.
5.
Retail and Office uses of land or structures shall include Uses 18, 20, 20A, 20B, 21, 26, 27, 29, 31 to 33 inclusive, 35 to 39 inclusive, 41, 58, and 59 as listed in Article IV.
a.
Where a principal use on a lot is an open-air use not enclosed in a structure, the area of the lot devoted to such use shall be considered to be floor space for purposes of calculating parking requirements. Where the area devoted to such use is not clearly determinable, the Building Commissioner shall determine the area to be considered equivalent to floor space.
b.
Office or clinic for medical or dental practice (Use 20) shall provide parking in accordance with § 6.02, paragraph 1. or shall provide three parking spaces per doctor, whichever is greater.
c.
Where a principal use on a lot is a drive-in use whose customers or clients will remain in their cars while purchasing or consuming a product or service, off-street parking facilities shall be provided to a number twice the number specified in the table in § 6.02, paragraph 1.
d.
Where a use is of such a kind that the occupancy of floor-space by customers, clients, or employees is substantially below the normal or average for retail and office uses, such as a shop for the retail sale of pianos, the Board of Appeals by special permit may waive up to half the number of parking spaces specified in the table in § 6.02, paragraph 1.
6.
Industrial uses of land or structures shall include Uses 25, 25A, 28, 28A, 42, and 44 to 46 inclusive, as listed in Article IV.
Where a principal use on a lot is an open-air use not enclosed in a structure, the area of the lot devoted to such use shall be considered to be floor space for purposes of calculating parking requirements. Where the area devoted to such use is not clearly determinable, the Building Commissioner shall determine the area to be considered equivalent to floor space.
7.
Warehouse and Other Uses of land or structures shall include Uses 40 and 43, as listed in Article IV.
Where a principal use on a lot is an open-air use not enclosed in a structure, the area of the lot devoted to such use shall be considered to be floor space for purposes of calculating parking requirements. Where the area devoted to such use is not clearly determinable, the Building Commissioner shall determine the area to be considered equivalent to floor space.
§ 6.03 LOCATION OF REQUIRED OFF-STREET PARKING FACILITIES
1.
Required off-street parking facilities shall be provided:
a.
On the same lot or premises with the principal use served.
b.
Where the requirements in subparagraph a. above cannot be met, the Board of Appeals by special permit under Article IX may authorize within the same district required parking on any lot in the same ownership within 400 ft. of the principal use served, subject to such bond or other assurance of permanence as it may deem adequate.
2.
With the exception of housing subject to control of age of occupants or maximum rents or maximum sales prices in order to comply with the conditions of Federal, state or local legislation or regulations thereunder relating to subsidy for low or moderate income housing, all accessory parking facilities with fifty or more parking spaces in M-1.5, M-2.0 and M-2.5 Districts shall be designed so that no more than 20 percent of said spaces shall be located in the open, the remainder to be located in an underground structure as regulated in § 5.44 or within the main structure.
§ 6.04 DESIGN OF ALL OFF-STREET PARKING FACILITIES
1.
Parking facilities shall be occupied only by passenger cars and commercial vehicles not exceeding seven and one-half feet in width and 18 feet in length, unless the special standards provided in paragraph 8 of this section are met.
2.
The minimum dimensions of stalls and aisles shall be as follows:
a.
Standard stall width shall be 8.5 feet; compact stall width shall be 7.5 feet.
b.
Standard stall depth shall be at least 18 feet for angle parking and 21 feet for parallel parking; compact stall depth shall be 16 feet for angle parking and 18 feet for parallel parking. Such dimensions may include no more than two feet of any landscaped setback area adjacent to the front or rear of a stall used for bumper overhang.
c.
Minimum width of aisles providing access to stalls for one-way traffic only, varying with the angle of parking and stall width, shall be:
Table 6.01 - Dimensional Requirements for Parking Stalls and Aisles |
Angle of Parking | Minimum Aisle Width | |||
|---|---|---|---|---|
7.5' Stall (Compact) | 8.5' Stall | 9.0' Stall | 10.0' Stall | |
Parallel | 10 feet | 12 feet | 12 feet | 11 feet |
45° | 12 feet | 13 feet | 12 feet | 12 feet |
60° | 16 feet | 17 feet | 16 feet | 15 feet |
90° | 20 feet | 23 feet | 22 feet | 20 feet |
When parking stalls of different widths are on opposing sides of the same aisle, the wider aisle width shall be required. |
d.
Minimum width of aisles providing access to stalls for two-way traffic shall be 20 feet or the aisle width required in (3) above, whichever is greater.
e.
No more than 25% of the total number of parking spaces provided may be designated for use by compact cars only. If authorized by special permit, the percent of compact spaces may be increased up to 50% provided that one additional parking space (either full size or compact), not to be included in the total number of spaces required pursuant to § 6.02, paragraph 1., is provided for every eight compact spaces proposed beyond the 25% allowed by right, but at least one additional space shall be provided in any case where a special permit is granted pursuant to this section.
f.
In no case shall parking lots be designed to require or encourage cars to back into a public or private way in order to leave the lot; except for a parking stall where the sole access is an alley adjacent to the rear lot lines and so arranged that there is at least 20 feet of clear backing between the rear line of the parking stall and the opposite and more distant line of the alley.
g.
Handicapped Accessible Parking Requirements: Parking garages or parking areas associated with all new development are required at a minimum to provide handicapped accessible parking in conformance with the standards in 521 CMR 23.2.1: Architectural Access Board regulations, as follows:
Total Parking in Lot | Required Minimum Number of Accessible Spaces |
|---|---|
15-25 | 1 |
25-50 | 2 |
51-75 | 3 |
76-100 | 4 |
101-150 | 5 |
151-200 | 6 |
201-300 | 7 |
301-400 | 8 |
401-500 | 9 |
501-1000 | 2% of total |
1001 and over | 20 plus 1 for each 100 over 1000 |
3.
Parking facilities shall be designed so that each motor vehicle may proceed to and from the parking space provided for it without requiring the moving of any other motor vehicle. The Board of Appeals, however, may by special permit modify this requirement, and the dimensional requirements of paragraph 2. of this section where a parking facility is under full-time attendant supervision.
4.
Entrance and exit drives, except as permitted in paragraph 11. below, shall be:
a.
a minimum of 12 feet wide for one-way use only;
b.
aminimum of 20 feet wide for two-way use;
c.
amaximum of 20 feet wide at the street lot line in residence districts, and 30 feet wide in business and industrial districts, except that the Board of Appeals by special permit may modify these limitations upon reports from the Commissioner of Public Works and the Director of Transportation that an increased width would facilitate traffic and be safer, copies of such reports to be provided to the applicant;
d.
located at least the following distance from a street corner, said distance to be measured from the intersection of the street lot lines or extension thereof:
1)
25 feet in all S, SC, T, and F districts;
2)
50 feet in all other districts, except that the Board of Appeals by special permit may modify this requirement after receipt of reports from the Commissioner of Public works and the Director of Transportation that such modification in distance would facilitate traffic and be safer and subject to the provisions of § 9.05.
e.
The grade and design of any driveway providing access to a required parking facility shall be such as to provide a clear view to the driver of any car exiting from the facility of traffic on the street and of pedestrians on the sidewalk, and in no case shall the grade of the driveway within 20 feet of the property line be greater than 10 percent.
f.
Designed to insure maximum pedestrian and vehicular safety and minimize potential conflicts between pedestrians and motor vehicles. To do so, the Planning Board and Board of Appeals, as a condition of a special permit, and with technical input from the Building Commissioner and Director of Engineering and Transportation, may require that one or more of the following safety enhancements be provided:
1)
Adequate sight distance so that exiting vehicles have a clear view of any pedestrian on the sidewalk within a minimum of five (5) feet to either side of the entrance or exit drive measured from six (6) feet behind the property line and along the centerline of the driveway;
a)
Enhancements to the facility exit that will insure that all exiting vehicles will come to a complete stop before entering the sidewalk area, apron, or intersecting roadway.
b)
Textured or marked ramps, drives, or driveway aprons (defined as that area where the sidewalk and exit drive are the same) as well as adjacent sidewalk area to provide a perceptible auditory and/or visual signal to pedestrians and exiting vehicles;
c)
Modifications to required or proposed landscaping including but not limited to cut slopes, hedges, trees, bushes, or other streetscape improvements to insure that visibility is not impaired;
d)
Modifications to the building setback where the exit to the parking facility is to be located to provide additional sight lines and visibility to exiting vehicles and pedestrians;
e)
Visual and or auditory warning devices designed to alert approaching pedestrians and motor vehicle traffic that a vehicle is exiting the facility;
f)
Other enhancements that provide the optimum level of pedestrian safety to insure adequate advance opportunity to detect an exiting vehicle from the parking facility. Such enhancements shall take into consideration potential physically challenging conditions that pedestrians may have including sight, auditory, or other physical disabilities;
g)
Based on the particular siting or orientation of the building, or other special condition exhibited by the facility, other mitigation measures may also be required.
5.
Setbacks for parking areas shall be provided as follows:
a.
In all districts, parking stalls in parking lots shall be set back from the street lot line, a minimum of five feet and further to whatever extent may be necessary in the specific situation, as determined by the Building Commissioner, to avoid the probability of cars backing or otherwise maneuvering on the sidewalk upon entering or leaving the stalls.
b.
In M-1.0, M-1.5, M-2.0, and M-2.5 Districts, the surfaced area of a parking lot and all entrance and exit drives shall be set back a minimum of 10 feet from all street lot lines and 5 feet from all other lot lines except where an access driveway crosses the street lot line. Such setback shall be 12 and 7 feet respectively where 2 feet of setback area is included in minimum stall depth as provided in paragraph 2., subparagraph b. of this section. Such setback area shall be landscaped and maintained, subject to § 5.45.
c.
In S, SC, T, F, and M-0.5 Districts, the surfaced area of a parking lot and all entrance and exit drives shall be set back in accordance with the following requirements, and such setback area shall be landscaped and continuously maintained substantially in accordance with the original approved plan:
1)
from the front lot line, except where an access driveway crosses the street lot line, either the distance specified for building setback under Table 5.01, or the average of the setbacks of the buildings on the adjacent lots on either side, as calculated in § 5.54, whichever is greater;
2)
from the side lot line in the front yard and side yard, the distance specified for minimum side yard width under Table 5.01, except that for a driveway the distance may be reduced to 5 feet or one-third the driveway width, whichever is greater;
3)
from the side and rear lot lines in the rear yard, a minimum of five feet. Such setback shall be seven feet where two feet of setback area is included in minimum stall depth as provided in paragraph 2., subparagraph b. of this section;
4)
notwithstanding the provisions of subparagraphs 1), 2), and 3) above, a parking lot containing more than six vehicles shall be set back from all lot lines the distance specified for minimum front yard depth under Table 5.01.
d.
In all districts, curbs shall be provided to prevent motor vehicles from being parked within required setback areas, or beyond the boundaries of the lot where no setback is required.
e.
In all districts, the Board of Appeals may by special permit authorize the owners of adjoining properties to establish common driveways under mutual easements provided that any such special permit shall not become effective until the easement has been recorded, notwithstanding the provisions of paragraphs b. and c. above.
 Figure 6.01 - Dimensions for Parking Layout (See Paragraphs 2 through 5 for alternative dimensions) |
6.
Nearby properties shall be protected from lights, as follows:
a.
All illumination on parking lots must be shielded so as not to shine upon abutting or other nearby properties or streets.
b.
Properties other than the use served by the parking lot, which abut or are across the street from the parking lot shall be protected from headlight glare by either:
1)
A strip of at least four feet wide, densely planted with shrubs or trees which are at least four feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years, or
2)
A wall, barrier, or fence of uniform appearance at least five feet high, but not more than seven feet above finished grade, or above the roof level, if on a roof. Such wall, barrier, or fence may be opaque or perforated, provided that not more than 50 percent of the face is open.
c.
Such screening shall be maintained in good condition at all times, and shall not be permitted to exceed seven feet in height within required side yards. Such screening or barrier may be interrupted by normal entrances or exits, and shall have no signs hung or attached thereto other than those permitted in the district.
 Figure 6.02 - Light Protection to Nearby Property from Parking Lot (In Reference to Paragraph 6) |
7.
No stall shall be located within 10 feet of that part of a building having windows of habitable rooms at the basement or first-story level, except as permitted in paragraph 11.
8.
The regulations for the parking of trucks, buses, or other commercial vehicles exceeding seven and one-half feet by 18 feet in size shall be as follows:
a.
Stalls to provide parking for commercial vehicles exceeding seven and one-half feet by 18 feet in size shall be located at least 100 feet from the nearest dwelling unit in a residence district.
b.
Stalls for such vehicles shall be specifically identified upon the plan, and shall be of such dimensions as to accommodate the specified type of vehicle. Such vehicles shall be permitted to park only in the stalls so identified and approved.
c.
Whenever such lot is adjacent to residential districts it shall be screened from abutting property as provided in paragraph 6. above.
d.
In all business and industrial districts, screen plantings or other screening methods as are reasonably necessary to prevent commercial vehicles from being incongruous with the environment and surrounding properties shall be required. The sufficiency of the screening shall be determined by the Building Commissioner in consultation with the Planning Director.
9.
Drainage, surfacing and maintenance of parking lots shall be as follows:
a.
The parking lot shall be marked so as to indicate clearly the space to be occupied by each motor vehicle, in accordance with the dimensions specified in paragraph 2. of this section. Such markings shall be maintained so as to be plainly visible.
b.
The area of the lot not landscaped and so maintained, including driveways, shall be graded, surfaced with asphalt or other suitable material, and drained to the satisfaction of the Building Commissioner, to the extent necessary to prevent nuisance of dust, erosion, or excessive water flow across public ways.
c.
Lots shall be kept clean and free from rubbish and debris.
10.
The preceding regulations shall not apply to parking lots built and in use before July 27, 1962, which conformed to all applicable regulations in effect when established, except that where parking lots are increased in capacity after the effective date of this By-law, the expanded portion thereof shall be designed in accordance with the regulations of this section.
11.
Parking lots for six vehicles or fewer shall conform to the regulations of this section, with the exception of paragraphs 2., 3., 4., (subparagraphs a. and b.) and 7.
12.
Under a special permit after a hearing, the Board of Appeals may permit in lieu of the dimensional requirements of this section, where new parking facilities are being installed to serve existing structures and land uses, the substitution of other dimensional requirements provided such substitution is necessary to permit the installation of some or all of the off-street parking spaces that would be required for a similar new building, and provided that the provisions of paragraph 6. of this section are met.
13.
At least 5% of the interior of a parking lot with 21 or more parking spaces shall be landscaped and continuously maintained. Planting along the perimeter of a parking area, whether for required screening or general beautification, shall not be considered as part of the 5% interior landscaping. The landscaping shall be distributed throughout the parking area and shall include trees as well as other plant material. Existing trees shall be preserved where possible. No planting bed shall have a width of less than 3 feet.
14.
No more than 40% of the width, or twenty-four feet, whichever is less, of the facade of a building facing a way or within 45 degrees of parallel to a way may be devoted to the entrance of a garage, carport, or covered parking area. The measurement of such entrance shall be the distance between the inside edge furthest to the left of the leftmost vehicular opening and the inside edge furthest to the right of the rightmost vehicular opening to the garage(s), carport(s), or covered parking area(s), which measurement shall include any distance between vehicular openings.
a.
The foregoing limitation shall not apply to a garage, carport or covered parking area located behind the plane of the rear wall of the principal building, as long as other dimensional requirements of the Zoning By-law are met.
b.
For lots with more than one frontage on a way, a garage, carport, or covered parking area may be located facing the way that has the least visual and/or safety impact on the street, if a location in the side yard is not practicable, subject to the determination of the Building Commissioner.
c.
The Board of Appeals by special permit may waive the requirements in Section 6.04.14, but only to the extent necessary, if it finds that a garage, carport, or covered parking area, accessed by or facing a side or rear yard on a lot is not feasible or would result in substantially less landscaped or usable open space on the lot.
§ 6.05 OFF-STREET SPACE AND DESIGN REGULATIONS FOR BICYCLE PARKING
1.
General
a.
Bicycle Parking Areas and Spaces shall be regulated by Sec. 6.05 of the Zoning By-Law and the BICYCLE PARKING DESIGN STANDARDS maintained by the Building Commissioner separate from the Zoning By-Law.
b.
Section 6.05 authorizes the Building Commissioner to:
1.
set forth BICYCLE PARKING DESIGN STANDARDS;
2.
enforce BICYCLE PARKING DESIGN STANDARDS, with all requirements of conformance to the BICYCLE PARKING DESIGN STANDARDS enforceable as though said STANDARDS were included in this Section; and
3.
in conjunction with the Planning Director amend BICYCLE PARKING DESIGN STANDARDS consistent with contemporary industry practices for bicycle parking.
2.
Definitions
Terms not defined in this Section shall be as defined in Article II and in the BICYCLE PARKING DESIGN STANDARDS.
a.
Bicycle Parking Space: A physical space at least 2 feet by 6 feet that securely stores one bicycle, including Electric Bicycles, and which may also be referred to as a Standard Bicycle Parking Space.
A Large Bicycle Parking Space is a physical space at least 3 feet by 10 feet that securely stores a bicycle larger than what can fit in a Standard Bicycle Parking Space, including but not limited to recumbent bicycles, cargo bicycles, bicycles with a trailer, bicycles with a child seat or child trailer, and tandem bicycles—all of which may referred to as Large Bicycles.
Large Bicycle Parking Spaces shall be prioritized for, but not reserved exclusively for, bicycles that accommodate the mobility needs of different users and the functions of different bicycles that do not fit in a Standard Bicycle Parking Space.
A Bicycle Parking Space of any size and any type shall be served by a Bicycle Rack, unless the Bicycle Parking Space is in a Bicycle Locker.
No part of a bicycle parked in a Bicycle Parking Space of any size or type shall create an obstruction in pedestrian aisles and drive aisles.
Bicycle Parking Spaces shall not be installed in the public way or Street without the approval and specifications of the Public Works Department.
Bicycle Parking Spaces of any size may be Long-Term or Short-Term.
b.
Bicycle Parking Space, Long-Term: A Bicycle Parking Space that serves users staying more than two hours at a site.
c.
Bicycle Parking Space, Short-Term: A Bicycle Parking Space that serves users staying less than two hours at a site.
d.
Bicycle Parking Area: A physical space not in the public way reserved for Bicycle Parking Spaces. Bicycle Parking Areas may be Long-Term or Short-Term.
e.
Bicycle Parking Area, Long-Term: An area meeting the performance criteria in the BICYCLE PARKING DESIGN STANDARDS that is (1) made up to Long-Term Bicycle Parking Spaces and (2) located in an unoccupied area in a building or an enclosed area within a Parking Garage or (3) served by a Bicycle Locker or Bicycle Shed
f.
Bicycle Parking Area, Short-Term: An area that is (1) made up Short-Term Bicycle Parking Spaces and (2) located on a private parcel and easily identified and accessed by the public.
g.
Bicycle Locker: A fixed-in-place, lockable container closed on all sides that is fabricated to industry standards and that shall meet all of the following performance criteria: (1) can accommodate one Long-Term Bicycle Parking Space, (2) is made of durable material, (3) is designed to fully protect the bicycle against inclement weather, (4) provides secure protection against theft, (5) opens sufficiently to allow bicyclists easy access, (5) has a perforated area to allow air flow for security and safety, and (6) is of a character and color that adds aesthetically to the immediate environment. Bicycle Racks are not required in Bicycle Lockers.
Bicycle Lockers shall be:
h.
Bicycle Shed: A covered and lockable enclosure that is fabricated to industry standards and that shall meet all of the following performance criteria: (1) can contain multiple Long-Term Bicycle Spaces equipped with Bicycle Racks, (2) provides secure protection against theft, (3) provides at least overhead protection against inclement weather, (4) opens sufficiently to allow bicyclists easy access and (5) is of a character and color that adds aesthetically to the immediate environment.
Bicycle Sheds shall be:
i.
Bicycle Rack also Rack
One Bicycle Rack shall serve one or two Bicycle Parking Spaces of any type as long as the minimum distance between Racks complies with the manufacturer's specifications or the BICYCLE PARKING DESIGN STANDARDS.
Racks are not required in Bicycle Lockers.
Acceptable Racks shall include Post-and-Ring and Inverted-U and equivalent versions of these aforementioned types and shall meet the performance criteria specified in the BICYCLE PARKING DESIGN STANDARDS.
i. | Bicycle Rack, High-Density: Racks installed that require bicycles to be hung on a wall (Vertical Bicycle Racks) or lifted off the floor (Two-Tier Bicycle Racks) |
j.
Electric Bicycle: Shall be as defined as under Massachusetts General Laws. In the absence of a definition in Massachusetts General Laws, Electric Bicycle shall be as defined under federal law.
k.
The terms "Motor Vehicle(s)," "Motorized Bicycle(s)," "Motorcycle(s)," "Motorized Scooter(s)," and "Moped" shall be as defined under Massachusetts General Laws. Such categories of vehicles with the exception of Electric Bicycles shall be prohibited from parking in Bicycle Parking Spaces.
3.
Bicycle Parking Spaces and Areas: Applicable Uses and Requirements
a.
Long-Term Bicycle Parking Spaces are required in Residential Uses with 8 units or more.
b.
Any quantity of Bicycle Parking Spaces, Short-Term or Long-Term, that are provided though not required under Table 6.05-1 shall comply with the requirements of Sec. 6.05 and the BICYCLE PARKING DESIGN STANDARDS, unless otherwise specified.
c.
At least 75% of Long-Term Bicycle Parking Spaces shall be on the ground and secured with either an Inverted U Rack or Post-and-Ring Rack. One Inverted U Rack or Post-and-Ring Rack may serve one or two Bicycle Parking Spaces, as long as the required minimum distance between Racks complies with the BICYCLE PARKING DESIGN STANDARDS.
d.
Required Minimum Quantity of Bicycle Parking Spaces
Table 6.05-1 | |||
|---|---|---|---|
General Use Category | Building Use | Number of Long-Term Bicycle Parking Spaces | Number of Short-Term Bicycle Parking Spaces |
Residential Uses | 1 to 7 Dwelling Units, including Accessory Dwelling Units | No Minimum | No Minimum |
Multiple Dwellings, 8 units and above | 1.1 per Dwelling Unit | ||
Multiple Dwellings in which at least 100% of total units are Affordable Units as defined in Sec. 4.08 | 1.1 per Dwelling Unit | ||
Age Restricted Dwelling | 0.5 per Dwelling Unit | ||
All Other Residential Uses | No Minimum | ||
Non-Residential Uses | All | No Minimum | |
e.
Large Bicycle Parking Spaces
1.
Required Minimum Quantity: Where 16 or more Long-Term Bicycle Parking Spaces are required, the required minimum quantity of Large Bicycle Parking Spaces shall be 5% of the total number of Long-Term Bicycle Parking Spaces Required and no fewer than 2.
2.
All Large Bicycle Parking Spaces shall be on the ground with the bicycle frame horizontal to the ground and shall be equipped with either an Inverted U Rack or Post-and-Ring Rack.
3.
Large Bicycle Parking Spaces shall be prioritized for, but shall not be restricted to, parking Large Bicycles.
4.
Large Bicycle Parking Spaces shall count toward the required minimum quantity of Long-Term Bicycle Parking Spaces specified in Table 6.05-1.
f.
High-Density Bicycle Parking Spaces
1.
No more than 25% of Long-Term Bicycle Parking Spaces shall be High-Density Racks.
2.
Clearances above, below, and around Vertical Bicycle Racks or Two-Tier Bicycle Racks shall comply with the manufacturers' instructions.
3.
High-Density Bicycle Racks shall be prohibited in Short-Term Bicycle Parking Spaces.
g.
Any Short-Term Bicycle Parking Spaces that are provided voluntarily or are required shall not count toward the number of required Long-Term Bicycle Parking Spaces.
4.
Required Materials for Plan Reviews, Site Plan and/or Design Review, and Special Permit and Building Applications
Plans for Bicycle Parking Areas, Long-Term and Short-Term, shall be stamped and signed by a registered architect, professional engineer, qualified transportation planner or transportation designer certifying that such plans meet the performance criteria and requirements of Sec. 6.05 the BICYCLE PARKING DESIGN STANDARDS. Such plans shall also show compliance with any and all applicable State Building and Fire Codes.
5.
Layout Standards for All Bicycle Parking Areas, Bicycle Parking Spaces, Clearances, and Aisles
Plans for Bicycle Parking Areas shall be stamped by a registered architect, professional engineer, qualified transportation planner or transportation designer showing evidence of compliance with dimensions recommended by the Rack, Bike Locker, and/or Bicycle Shed manufacturer for layout of Racks; clearances above, below, around, and between Racks; slope of and widths of the aisle used by a pedestrian walking a bicycle. In lieu of a manufacturer's specifications for layout for Bicycle Parking Spaces and Racks, Bicycle Parking Areas shall comply with the minimum standards indicated in the BICYCLE PARKING DESIGN STANDARDS and shall not conflict with the latest edition of the Massachusetts State Building Codes.
6.
Exemptions
Uses indicated in Table 6.05-1 are exempt from required minimum quantities only. Any Short-Term and Long-Term Bicycle Spaces provided shall comply with Sec. 6.05 and the BICYCLE PARKING DESIGN STANDARDS.
7.
Exceptions and Waivers
a.
The Board of Appeals may waive by Special Permit up to one-half the bicycle parking spaces required in the following cases as long as the change or conversion does not meet the definition of demolition as defined in Article 5.3 of the General By-Laws:
b.
Use of High-Density Bicycle Racks, Bicycle Lockers, and Bicycle Sheds are permitted in compliance with Sec. 6.05 and the BICYCLE PARKING DESIGN STANDARDS.
8.
Rounding
Fractional numbers one-half (0.5) and above shall be rounded up to the nearest whole number.
§ 6.06 OFF-STREET LOADING REGULATIONS
1.
Structures and land uses in existence or for which building permits have been issued at the date of adoption of this By-law shall not be subject to the requirements stated below so long as the kind or extent of use is not changed, provided that any loading facilities now serving such structures or uses shall not in the future be reduced below such requirements.
2.
Where a structure existing on the effective date of this By-law is altered or extended in such a way as to increase the gross floor area by 5,000 square feet or more only this additional gross floor area shall be counted in computation of the off-street loading requirements.
a.
Alterations or extensions aggregating less than 5,000 square feet subsequent to the effective date of this By-law do not require such provisions of loading space.
3.
Where retail, or other, stores are designed or constructed as a group or as a unified building, the aggregate of individual stores shall be treated as one building for the purpose of calculating off-street loading facilities.
4.
Where mixed uses occur, off-street loading facilities shall be the sum of the requirements for the several individual uses computed separately, except that such facilities may be less than said sum by special permit from the Board of Appeals when it can be demonstrated that such individual uses are not in operation at the same time.
5.
Where part of a lot is or has been acquired by the Town to be used by the Town for a public parking or off-street loading facility or for facilities accessory to public parking and off-street loading, the loading requirements on the remaining property in private ownership shall be reduced by the number of spaces that could have been provided on the part of the lot so acquired by the Town, calculated on the basis of one space per 600 square feet of lot area so acquired.
6.
Off-street loading facilities shall be provided in accordance with the following requirements for each type of land use except Uses 1 to 6 inclusive, as listed in Article IV:
Table 6.02 - Table of Loading Requirements |
Number of Loading Bays Required for New Structures By Gross Floor Area of Structure (in thousands of square feet)↓ | ||||||
|---|---|---|---|---|---|---|
Uses as listed in Article IV ↓ | 2-15 | 15-50 | 50-100 | 100-150 | 150-300 | Over 300 (for each additional 150 or fraction thereof) |
• Retail Trade • Wholesale and Storage • Industry • Communications and Utilities (Uses 25 to 29 Inclusive, 33, and 40 to 46 Inclusive) | 1 | 2 | 3 | 4 | 5 | 1 |
• Consumer Service • Office Building • Hotel and Dormitory • Institution • Recreation • Education (Use 7 to 21 Inclusive, 30 to 32 Inclusive, 34 to 39 Inclusive, 52 and 64) | 1 | 1 | 2 | 3 | 4 | 1 |
7.
The number of required loading bays may be reduced by special permit from the Board of Appeals where the adequacy of the reduced number of loading bays can be demonstrated based on the proposed uses, hours of operation, delivery service requirements, and allocation of loading facilities across the various uses and buildings. The Director of Engineering/Transportation and the Director of Planning and Community Development shall make recommendations to the Planning Board and Board of Appeals regarding any request for a reduced number of loading bays.
§ 6.07 DESIGN AND LAYOUT OF OFF-STREET LOADING FACILITIES
1.
Off-street loading facilities shall be designed to conform to the following specifications:
a.
Each required space shall be no less than 12 feet in width, 30 feet in length, and 14 feet in height, exclusive of drives and maneuvering space, and located entirely on the lot being served.
b.
There shall be appropriate means of access to a street or alley as well as adequate maneuvering space.
c.
The maximum width of driveways and sidewalk openings measured at the street lot line shall be 30 feet; the minimum width shall be 12 feet.
d.
Loading spaces may be enclosed in a structure and must be so enclosed if located within 50 feet of a residence district where the use involves regular night operation.
e.
All accessory driveways and entrance-ways shall be graded, surfaced, drained, to the satisfaction of the Building Commissioner, to the extent necessary to prevent nuisances of dust, erosion, or excessive water flow across public ways.
f.
Such facilities shall be designed and used in such a manner as at no time to constitute a nuisance, or hazard or unreasonable impediment to traffic.
2.
All required loading facilities shall be provided and maintained in accordance with the following requirements:
a.
They shall be provided and maintained so long as the use exists which the facilities were designed to serve.
b.
They shall not be reduced in total extent after their provision, except when such reduction is in conformity with the requirements of this Article.
c.
Reasonable precautions shall be taken by the owner or sponsor of particular uses to assure the availability of required facilities to the delivery and pick-up vehicles that they are designed to serve.
3.
By special permit, the Board of Appeals may permit, in lieu of the dimensional requirements of this section, the substitution of other dimensional requirements for the design and layout of off-street loading facilities, where it finds that such substitute dimensions would be adequate for the uses proposed for which the facilities are designed to serve. The Director of Engineering/Transportation and the Director of Planning and Community Development shall make recommendations to the Planning Board and Board of Appeals regarding any request for substituted dimensional requirements for loading facilities.
§ 6.08 REGULATIONS APPLYING TO GASOLINE SERVICE STATIONS
Gasoline service stations shall be designed to conform to the following requirements:
1.
No driveway shall be permitted to any street that carries traffic at such speed or in such quantity that the Building Commissioner deems that access to or egress from a gasoline services station at such a location will create hazardous conditions.
2.
The minimum lot area shall be 10,000 square feet.
3.
The minimum frontage on a street shall be 100 feet.
4.
The maximum width of driveways and sidewalk openings measured at the street lot line shall be 30 feet; the minimum width shall be 20 feet.
6.
The minimum setback of any building (including a canopy) from all street lot lines shall be 40 feet, except that the Board of Appeals by special permit may permit canopies over pump islands to have a minimum setback of 5 feet at gasoline service stations located on Boylston Street, Brookline Avenue, and Commonwealth Avenue.
7.
Properties in residential districts which abut a gasoline service station shall be protected from headlight glare by either:
a.
A strip at least four feet wide, densely planted with shrubs or trees which are at least four feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years, or
b.
A wall, barrier, or fence of uniform appearance at least five feet high, but not more than seven feet above finished grade. Such wall, barrier, or fence must be opaque.
c.
Such screening shall be maintained in good condition at all time, and shall not be permitted to exceed seven feet in height within required side yards. Such screening or barrier may be interrupted by normal entrances or exits, and shall have no signs hung or attached thereto other than those permitted in the district.
8.
All illumination on outdoor areas shall be shielded so as not to shine upon any property in a residence district.
9.
All washing, lubricating, and making of repairs shall be carried on inside the building.
10.
No repairs such as body work shall be performed.
11.
No merchandise other than accessory, portable automotive merchandise may be displayed or sold on the premises.
12.
The area of the lot not landscaped and so maintained shall be graded, surfaced with asphalt or other suitable material, and drained to the satisfaction of the Building Commissioner, to the extent necessary to prevent nuisances of dust, erosion, or excessive water flow across public ways.
§ 6.09 REGULATIONS APPLYING TO OUTDOOR AUTOMOBILE RENTAL OR SALES AND STORAGE FOR RENTAL OR SALE
A lot to be used for outdoor automobile rental or sales or storage for rental or sale shall conform to the following requirements:
1.
No driveway shall be permitted to any street that carries traffic at such speed or in such quantity that the Building Commissioner deems that access to or egress from such use at such location will create hazardous conditions.
2.
The minimum lot area shall be 10,000 square feet.
3.
The minimum frontage on one street shall be 100 feet.
4.
The maximum width of driveways and sidewalk openings measured at the street lot line shall be 30 feet, the minimum width, 20 feet.
6.
Properties in residential districts which abut or are across the street from a lot with such use shall be protected from headlight glare by either:
a.
A strip at least four feet wide, densely planted with shrubs or trees which are at least four feet high at the time of planting and which are of a type that may be expected to form a year-round dense screen at least six feet high within three years, or
b.
A wall, barrier, or fence of uniform appearance at least five feet high, but not more than seven feet above finished grade, or above the roof level, if on a roof.
c.
Such screening shall be maintained in good condition at all times, and shall not be permitted to exceed seven feet in height within required side yards. Such screening or barrier may be interrupted by normal entrances or exits, and shall have no signs hung or attached thereto other than those permitted in the district.
7.
All illumination on a lot with such use shall be shielded so as not to shine upon any property in a residence district.
8.
No repair work of any kind shall be performed.
§ 6.10 OFF-STREET EV READINESS
1.
Definitions
Terms used in Section 6.10 shall be defined as follows. Capitalized terms in Section 6.10 not defined below shall be as defined in Article II.
a.
Massachusetts State Building Code - International Residential Code Volume ("MSBC-IRC"): The residential volume of the latest edition of the Massachusetts State Building Code, which regulates buildings including but not limited to:
b.
Massachusetts State Building Code - International Building Code Volume ("MSBC-IBC"): The volume of the latest edition of the Massachusetts State Building Code, which regulates buildings including but not limited to:
c.
Electric Vehicle ("EV") and Electric Vehicle Supply Equipment ("EVSE") are as defined in the latest edition of the Massachusetts State Building Code, as may be amended.
d.
Electric Vehicle Charging Space Commercial ("EV Ready Space C"): Pertains to buildings regulated by the MSBC-IBC. Each parking space shall be designed to accommodate Level 2 EVSE servicing EVs in one of the following standards:
1.
Minimum Prescriptive Standard: 100% of parking spaces are EV Ready Space as defined in the latest edition of the Massachusetts State Building Code.
a.
For Sec. 6.10.1.d.1: If the latest edition of the MSB-IBC allows the installation of a 20-amp branch circuit for EV Ready Spaces as an exception, such installation shall be as follows: one individual 20-amp branch circuit at 240 volts per one parking space for a minimum of 100% of parking spaces.
Or |
2.
Minimum Performance Standard: An Automatic Load Management System may be used to deliver a minimum of 1.92 kW of power each hour to each EV Ready Space C or EVSE controlled by the ALMS, assuming that 100% of parking spaces are occupied by a charging EV. The installation of the ALMS and energized outlet(s) adjacent to EV Ready Spaces C is required to demonstrate compliance. The installation of EVSE is not required to demonstrate compliance.
a.
Alternatively, instead of an ALMS, use of Level 2 EVSE with dual ports meets the requirements of this Section, as long as the minimum power transfer to each parking space charging an EV meets the minimum power transfer per hour specified in the Minimum Performance Standard. Use of Level 2 EVSE with dual ports shall be installed to demonstrate compliance.
Or |
3.
A combination of (1) and (2) to serve 100% of parking spaces.
e.
Electric Vehicle Charging Space Residential ("EV Ready Space R"): Pertains to buildings regulated by the MSBC-IRC. At least one parking space per Dwelling Unit shall be equipped with one individual branch circuit rated for at least 50 amperes @ 208/240 volts for charging an EV, defined as Level 2 EV charging in the latest edition of the Massachusetts Electrical Code.
f.
EV Ready Space: When the term EV Ready Space is used, it shall be as defined in the MSBC-IBC.
g.
Automatic Load Management System ("ALMS"): An ALMS allows multiple EVSE to share a circuit or panel automatically reducing power at each EVSE when multiple EVs are charging concurrently as allowed by the latest edition of the Massachusetts Electrical Code. Where ALMS are used, EVSE shall:
1.
be fixed in place;
2.
have restricted access only by the means allowed in the latest edition of the Massachusetts Electrical Code;
3.
be sized and rated as required under the latest edition of Massachusetts Electrical Code; and
4.
In case of disruption of the ALMS, each EVSE served by the ALMS shall operate at a reduced level that allows all EVSE to operate concurrently without resulting in overcurrent conditions as specified in the latest edition of the Massachusetts Electrical Code.
h.
New Building: A building not in existence on the date the application for a building permit is received by the Building Department.
i.
Significantly Rehabilitated Residential Buildings regulated by the MSBC-IBC: The reconfiguration of space and/or building systems in which the Work Area exceeds 50% of the existing Gross Floor Area as defined by the MSBC-IBC, as may be amended.
j.
Significantly Rehabilitated Residential Buildings regulated by the MSBC-IRC: The reconfiguration of space and/or building systems in which the Work Area exceeds 75% of the existing Gross Floor Area as defined by the MSBC-IRC, as may be amended.
k.
Work Area: The aggregate area of those portions of a building affected by alterations for the reconfiguration of space or building systems, including new floor area added as a result of the alteration, as indicated in the drawings associated with a building permit application. Excluded from the calculation of Work Area are those portions of a building where only repairs, or refinishing or incidental work occur or where work not initially intended by the Applicant is specifically required by an inspector from the Building pursuant to the applicable building code.
l.
Level 2 EVSE or Level 2 EV Charging: Shall be as defined in the latest edition of the Massachusetts Electrical Code.
2.
Applicable Uses and Requirements
a.
In stand-alone Residential Parking Areas or Parking Garages and Parking Areas or Parking Garages of New or Significantly Rehabilitated Residential Buildings regulated by the MSBC-IBC, a minimum of 100% of the total number of parking spaces shall be EV Ready Space C.
b.
In stand-alone Non-Residential Parking Areas or Parking Garages and Parking Areas or Parking Garages of New or Significantly Rehabilitated Non-Residential Buildings regulated by the MSBC-IBC and with seven parking spaces or more, at least 15% of the total number of parking spaces and not less than one shall be EV Ready Space as defined in the latest edition of the MSBC-IBC.
c.
In Residential Parking Areas or Parking Garages for One- and Two-Family Dwellings meeting the definitions of New Building or Significantly Rehabilitated Residential Buildings regulated by the MSBC-IRC at least one parking space shall be EV Ready Space R.
d.
If the total number of existing parking spaces for Applicable Uses subject to Section 6.10 is increased or expanded by 10 parking spaces or more, the Requirements of Section 6.10.2(b) shall apply.
e.
EV Ready Spaces, EV Ready Spaces C, and EV Ready Spaces R shall be maintained and shall remain functional for charging EVs.
3.
Exemptions
The requirements of Section 6.10 shall not apply to:
a.
Uses 25, 25A, 26, 27, 28, and 28A in Section 4.07, Table of Use Regulations
b.
Parking Areas or Parking Garages that are separated from the meter by a public right-of-way;
d.
Waldo-Durgin Overlay District: The requirements of Section 6.10 shall not apply to any building being constructed subject to the Waldo-Durgin Overlay District as described in Section 5.06.4.k;
e.
Fisher Hill Special Overlay District: The requirements of Section 6.10 shall not apply to any building being constructed subject to the Fisher Hill Special Overlay District as described in Section 5.06.4.l.
4.
Exceptions
Reserved
5.
Waivers
The Board of Appeals may grant by Special Permit a reduction in whole or in part of the minimum number of EV Ready Spaces C required under Section 6.10 if the Board of Appeals grants or has granted a Special Permit pursuant to (a) Section 6.03.1.b or (b) Table 4.07 Use 22.
6.
Rounding
Fractional numbers one-half (0.5) and above shall be rounded up to the nearest whole number.
7.
Ventilation
Parking Areas and Parking Garages used for charging EVs indoors shall meet ventilation requirements as specified in the Massachusetts Electrical Code, Massachusetts Mechanical Code, and MSBC-IRC, as applicable. EVSE shall be installed as required per specifications of the EV manufacturer.
8.
Materials Required for Plan Reviews, Site Plan Review and/or Design Review, Special Permit and Building Permit Applications:
For EV Ready Spaces R, plans stamped by a licensed and qualified electrician shall meet the Building Department's requirements for plan submissions and shall include an electrical service load calculation.
For EV Ready Spaces C and EV Ready Spaces, plans stamped by an electrical engineer shall meet the Building Department's requirements for plan submissions and shall include an electrical service load calculation.
9.
Null and Void
If Section 6.10 is modified by any order, decree, decision, ruling, or other directive from the Massachusetts Office of the Attorney General or a court having jurisdiction, and the modification would have the effect of altering the impacts, effects, or standards of the Section in any way, then such order, decree, decision, ruling, or other directive shall instead have the effect of rendering the Section null and void in its entirety.