(a)

Generally. Accessible off-street parking facilities for the parking of motor vehicles shall be provided in accordance with the standards set forth in this section and comply with the Americans with Disabilities Act (ADA) and Massachusetts Architectural Access Board (AAB).

(b)

Table of required off-street parking spaces. Off-street parking facilities shall meet the requirements of the table of off-street parking spaces in section 34-283. Off-street parking requirements for uses not specifically identified in the table of principal uses in section 34-300 shall be determined by the building inspector based on a use listed in the table which has characteristics similar to the use in question.

(c)

Location of parking uses.

(1)

Generally. Parking within the ground floor of dwelling structures shall require an intervening driveway of 20 feet in depth, unless a special permit is obtained. Drive curb cuts shall have a width no greater than that specified by the department of public works, unless a special permit is obtained. Except as provided in subsection (c)(2) of this section, required off-street parking areas shall be provided on the same lot they serve. Outdoor parking spaces shall not be allowed within any required front yard, nor within five feet of any wall containing ground floor or basement windows, nor within five feet of any side or rear lot line.

(2)

Exemption. Off-street parking areas may be provided on another lot if:

a.

The lot is under the same ownership as the lot of the principal use, or it shall be demonstrated that such lot constitutes a common parking lot serving several uses or a community parking facility intended for and used by residents in the area and that such lot furnishes the aggregate number of spaces required for each use or dwelling;

b.

Access to such areas is not more than 300 feet from the nearest street line of the lots they are designed to serve; and

c.

Such lot is not diverted to other uses except insofar as it can be shown that substitute parking meeting all other requirements of this subsection (c)(2) has been made available.

(d)

Parking lot design. The following regulations are applicable to parking lots with five or more spaces:

(1)

Access. Off-street parking spaces shall be so laid out that they are not directly accessible from a public way, but each space shall be accessible by means of an intervening private drive.

(2)

Front yards. Parking areas within required front yards shall not be permitted except when a special permit is granted.

(3)

Size of parking space. Each parking space (except in a commercial parking lot where cars are parked by an attendant) shall not be less than nine feet wide and 18 feet long. Parking spaces for disabled persons shall comply with the standards of the state architectural access board.

(4)

Lots with ten or more spaces. In lots with over ten parking spaces, up to 25 percent of all parking spaces may be designed for small cars. Specifically, up to 25 percent of all parking spaces may be sized at an eight-foot by 15-foot standard, provided that said spaces are clearly reserved for small cars only.

(5)

Lots with 20 or more spaces. No more than 20 spaces shall be provided in a row without separation by a pedestrian walkway, where required by the zoning enforcement officer, and by a landscaped area providing that in the case of double rows, this section shall mean 20 spaces on each side of the parking space area.

(6)

Lighting. Any illumination for a parking area shall be arranged or designed so as to prevent glare and shall be shielded to prevent light from directly shining upon any adjoining building or property in residential use or adjacent streets. The lights are to be LEDs or an equally energy-efficient type of bulb. Light fixtures in the BR district that are publicly visible from Broadway shall be historical/period style fixtures. Lighting shall conform to the recommendations of the International Dark Sky Association (IDA).

(e)

Access and aisles. All required parking areas shall be construed to include access driveways, median strips, landscaping, walks and other related installations in addition to the parking stalls.

(1)

Access location. No entrance or exit for any off-street parking area with four or more parking spaces shall be located within 50 feet of the intersection of any two street lines.

(2)

Aisle width. No aisle along which parking is permitted shall have less than the following widths:

a.

12 feet for parallel parking;

b.

12 feet for 30-degree angle parking;

c.

15 feet for 45-degree angle parking;

d.

19 feet for 60-degree angle parking; and

e.

24 feet for 90-degree angle parking.

(3)

Aisle design. Parking access aisles shall be part of an accessible route to the building or facility entrance. Parked vehicle overhangs shall not reduce the clear width of an accessible circulation route. Parking spaces and access aisles shall be level with surface slopes not exceeding 1:50 in all directions.

(f)

Enclosed parking. Part or all of the parking required herein may be enclosed within a structure conforming to all dimensional requirements of the district in which it is located. Notwithstanding other provisions of this section, the following parking requirements shall apply to parking facilities in an enclosed structure:

(1)

Size. Standard parking spaces shall be not less than 8.5 feet wide and 18 feet long.

(2)

Small cars. Up to 50 percent of all parking spaces may be designed for small cars which shall be sized at 7.5-foot by 16-foot standard, provided that said spaces are reserved for small cars only and are clearly marked as reserved for small cars.

(3)

Aisle. No aisle along which parking is permitted shall have less than the following widths:

a.

19 feet for 60-degree angle parking (minimum angle of parking shall be 60 degrees).

b.

22 feet for 90-degree angle parking.

(g)

Maintenance. All parking areas and driveways, except those for single- or two-family structures, shall be maintained as follows:

(1)

Surface. A paved surface, properly drained, shall be provided. Parking areas not required by this chapter and which are used only occasionally may be maintained in grass.

(2)

Signage. Required parking spaces, except for dwellings containing six units or less, shall be clearly marked and any one-way driveways serving them shall have the direction of travel clearly indicated.

(3)

Prohibited uses. Required parking areas shall be used for automobile parking only, with no sales, dead storage, loading/unloading, trash removal, repair work, dismantling or servicing of any kind.

(h)

Special district regulations.

(1)

Retail Business District. In the BR district:

a.

No owner shall as a result of a change of use or addition remove any existing off-street parking in order to expand the existing building unless said parking is replaced elsewhere on site.

b.

No off-street parking requirements shall be required for any change of use, new construction or addition that results in a new use, new construction or addition that is less than 5,000 gross square feet excluding unoccupied basements, cellars, and below grade parking areas.

c.

Any change of use, new construction, or addition that results in more than 5,000 gross square feet of building area shall provide off-street parking at a rate consistent with section 34-283 for the amount of the resulting structure in excess of 5,000 square feet.

(2)

The exemption provided in subsection (h)(1) of this section shall apply to all nonresidential uses allowed in the BR district by right and by special permit except the following uses, which shall remain subject to section 34-283 and all applicable subsections of this section: inns, hotels, motels, tourist homes, cinemas, clubs, concert halls, schools, theaters and religious institutions/religious purposes.

(i)

Shared parking. Notwithstanding any other parking requirements set forth in this chapter for individual land uses, when any land or building is used for two or more distinguishable purposes (i.e., joint or mixed use development), the minimum total number of parking spaces required to serve the combination of all uses shall be determined in the following manner: Multiply the minimum parking requirements for each individual use by appropriate percentage (as set forth in the table of shared parking credits in this subsection for each of the five designated time periods and then add the resulting sums from each vertical column. The column total having the highest total value is the minimum shared parking space requirement for that combination of land uses.

TABLE OF SHARED PARKING CREDITS (WEEKDAYS)

(j)

Special permit. Any parking requirement set forth in this section may be reduced upon the issuance of a special permit by the zoning board of appeals, if the board finds that the reduction is not inconsistent with public health and safety, or that the reduction promotes a public benefit. Such cases might include:

(1)

Use of a common parking lot for separate uses having peak demands occurring at different times;

(2)

Age or other characteristics of occupants of the facility requiring parking which reduces auto usage;

(3)

Peculiarities of the use which make usual measures of demand invalid;

(4)

Availability of on-street parking or parking at nearby municipally owned facilities; or

(5)

Where a special permit is granted, a reserve area to be maintained indefinitely, as landscaped open space may be required, sufficient to accommodate the difference between the spaces otherwise required and the spaces reduced by special permit. The parking/site plan shall show (in dotted outline) how the reserve area would be laid out to provide the otherwise required number of spaces.

(6)

Any relief from off-street parking requirements in this zoning ordinance shall disqualify that location from participating in the residential parking sticker program. Any relief from off-street parking requirements in this zoning ordinance will still allow that location's residents to participate in the visitor parking pass program.

(7)

That the zoning board be required to notify the traffic and parking office of the relief so that location can be added to the list of those not eligible to participate.

(8)

As a condition of this relief, all leases for tenants shall specifically state that a tenant may not obtain or apply for a City of Chelsea residential sticker.

(9)

This amendment shall become effective January 1, 2020.

(Ord. of 6-20-2005, § 5.1; Ord. of 6-17-2019; Ord. of 9-9-2019; Ord. of 09-11-2023(1))

(a)

Compliance. Off-street loading facilities shall be provided and maintained in all districts in accordance with the requirements of this section.

(b)

Location of facilities.

(1)

Generally. Loading facilities, whether docks or spaces, shall be adjacent to, partly within, or completely enclosed within a structure. Such facilities shall be on the same lot as the building or use they are intended to serve.

(2)

Industrial district. In an I district, no loading facility shall be permitted closer than 100 feet to any residential district.

(c)

Table of off-street loading requirements. Off-street loading spaces shall be provided for each type of indicated use according to the table of off-street loading requirements, which states the number of spaces permitted, except for food distribution uses, in which case only the minimum shall apply. In the table:

(1)

Category 1 shall include retail, trade, wholesale, storage, industry and utilities;

(2)

Category 2 shall include office buildings, hotel, institutional, recreational and educational uses.

TABLE OF OFF-STREET LOADING REQUIREMENTS

(d)

Design. Loading facilities shall conform to the following standards:

(1)

Access. No entrance or exit for any loading berth shall be located within 50 feet of the intersection of any two street lines. Access shall be provided via an intervening driveway or maneuvering areas, but not directly from a public way.

(2)

Size. Each loading bay shall be not less than 12 feet in width, 14 feet in height, and 25 feet in length for normal usage and 65 feet in length for tractor trailer usage (exclusive of platforms, maneuvering space, access drives and screening).

(3)

Maneuvering space. Required loading bays shall include sufficient reserved space on the lot in addition to the bays so that vehicles can be maneuvered into position without interference with streets or required off-street parking.

(e)

Restrictions.

(1)

Areas or facilities designed for off-street loading shall be used exclusively for loading, maneuvering access and landscaping. They shall not be used in a manner which will interfere with their required purpose, nor to satisfy the off-street parking requirements of section 34-106.

(2)

Off-street loading facilities shall not be reduced in number or encroached upon in any manner after their initial provision unless a change in use occurs which permits a reduction in quantity.

(3)

No part of an off-street loading facility required for any building or use shall be included as part of a loading facility similarly required for another building or use unless the type of building or use indicates that the usage or the loading facilities will not occur simultaneously.

(f)

Special permit. Any loading requirement set forth in this section may be reduced upon the issuance of a special permit by the zoning board of appeals if the board finds that the reduction will not result in substantial detriment to the neighborhood or the city.

(Ord. of 6-20-2005, § 5.2)

(a)

Purpose. This section is designed to accomplish the following objectives:

(1)

To provide a suitable boundary or buffer between residential uses and districts and nearby nonresidential uses;

(2)

To define the street edge and provide visual connection between nonresidential uses of different architectural styles;

(3)

To separate different and otherwise incompatible land uses from each other in order to partially or completely reduce potential nuisances such as dirt, dust, litter, noise, glare from motor vehicle headlights, intrusion from artificial light (including ambient glare), or view of signs, unsightly buildings or parking lots;

(4)

To provide visual relief and a source of shade in parking lots and other areas, and protection from wind in open areas;

(5)

To preserve or improve the visual and environmental character of the city, as generally viewed from residential or publicly accessible locations; and

(6)

To offer property owners protection against diminution of property values due to adjacent nonresidential use.

(b)

Applicability. The requirements of this section shall apply to any nonresidential use and to multifamily dwellings.

(1)

Special permit. By special permit, the planning board may authorize a reduction in the requirements of this section, where such reduction will not result in substantial detriment.

(c)

Landscaping requirements for property lines. Property lines with residential districts shall be screened from nonresidential uses by means of plantings or maintenance of trees of a species common to the area and appropriate for screening, spaced to minimize visual intrusion and providing an opaque year-round visual buffer between uses. Such plantings shall be provided and maintained by the owner of the property used for nonresidential purposes. No part of any building or structure or paved space intended for or used as a parking area may be located within the buffer area. Planted buffer areas along property lines with residential districts or uses shall be of the following minimum depth in each district:

(d)

Planted area requirements. Planted areas shall contain an appropriate mix of the types of plants set forth in this subsection. Plant species shall be appropriate to proposed use, siting, soils and other environmental conditions. Where the planning board determines that the planting of trees is impractical, the permit applicant may substitute shrubbery for trees.

(1)

Shrubs and hedges shall be at least 2.5 feet in height at the time of planting, and have a spread of at least 18 inches.

(2)

Grass is preferable to mulch where practical.

(3)

Existing trees with a caliper of six inches or more shall be preserved wherever feasible.

(4)

Deciduous trees shall be at least two inches in caliper as measured six inches above the root ball at time of planting. Deciduous trees shall be expected to reach a height of 20 feet within ten years after planting. Evergreens shall be a minimum of eight feet in height at the time of planting.

(e)

Coordination with site plan approval. The planning board shall require a landscaping plan as part of the overall site plan for the premises. Such landscaping plan shall be at a scale sufficient to determine compliance with the specifications set forth in this section.

(f)

Maintenance of landscaped areas. The owner of the property used for nonresidential purposes shall be responsible for the maintenance, repair and replacement of all landscaping materials installed in accordance with this section and shall have a continuing obligation to comply with the provisions set forth herein. All plant materials required by this chapter shall be maintained in a healthful condition. Dead limb refuse and debris shall be promptly removed. Dead plantings shall be replaced with new live plantings at the earliest appropriate season. Bark mulch and nonplant ground surface materials shall be maintained so as to control weed growth.

(g)

Waterfront lateral access. Any parcel requiring a special permit, variance, or site plan review that is not within a designated port area and that is adjacent to or contains a portion of the mean higher high tide water edge shall provide lateral access at least 15 feet wide adjacent and parallel to the mean higher high tide water edge from property boundary to property boundary for the purpose of providing continuous access for pedestrian traffic along the waterfront and for the purpose of providing an easement for underground utilities and surface infrastructure for flood mitigation, unless the department of housing and community development determines that such an area would be hazardous. Where there is not currently a similar easement to an adjacent parcel, an easement shall also be provided from the public right-of-way to the waterfront area. For the purpose of this subsection, this requirement shall extend to any parcel within 100 feet of the mean higher high water line where the parcel containing the mean higher high water line cannot be built upon.

(Ord. of 6-20-2005, § 5.3; Ord. of 3-8-2021(5), § 6)

(a)

Generally. Any sign erected or painted on a structure after the adoption of the ordinance from which this chapter is derived shall conform to the applicable standards set forth herein.

(1)

Permit required. The erection of any sign with any these characteristics:

- In excess of six square feet

- Hanging or projecting signs

- Sidewalk signs

shall require a permit from the building inspector and the zoning enforcement officer who shall determine conformance of such signs with these provisions.

(2)

Everett Avenue urban renewal area. In the Everett Avenue urban renewal area signage is subject to design review and design standards. See section 34-155(h) and (i).

(3)

Materials. Signs other than permitted temporary signs shall be constructed of durable and weather-resistant materials. The owner of any sign shall inspect annually such sign belonging to such owner and it shall be the duty of said owner to keep such signs in good repair and of neat appearance at all times.

(4)

Existing signs. Any signs existing at the adoption of the ordinance from which this section derived that were the subject of a valid building permit, or that otherwise have legal protection pursuant to M.G.L. c. 40A, §§ 6 or 7 shall be considered pre-existing non-conforming uses and shall be subject to all the protections for such uses under M.G.L. c. 40A.

(b)

Signs in residential districts. The following signs are permitted in R1, R2 and R3 districts:

(1)

One sign per occupant not exceeding two square feet in area may be placed either on each wall of a building facing a street or in each yard facing a street provided that, if freestanding, it shall not be higher than four feet and shall be set back at least three feet from the street line. Such signs shall be for identification purposes only, displaying the number or name of the occupant, except that they may include identification of any accessory professional office and other permitted accessory uses. A sandwich sign shall not be considered a freestanding sign, and therefore sandwich signs are not allowed.

(2)

One bulletin or announcement board or identification sign not exceeding ten square feet in area for each permitted nonresidential building or use provided that such sign, if freestanding, shall not be located nearer to a street line than one half of the depth of the required front yard. Churches, public educational and other institutional uses shall be permitted two such bulletin or identification signs on each building provided one does not exceed 20 square feet in area and the other ten square feet in area.

(3)

One temporary real estate sign advertising the sale or rent of the premises on which the sign is located not exceeding six square feet in area.

(4)

One temporary contractor's sign maintained on a building while work is actually in progress not exceeding 20 square feet in area.

(c)

Signs in Retail Business (BR) Districts. The following signs are permitted in BR and BR2 districts:

(1)

Upper story signage.

Definition. Signage for businesses located on floors above the ground floor level. Signage may take the form of lettering, panels, or window graphics. Signs may be located between second and third story windows, or on window glass. One sign is allowed per establishment, except businesses with multiple frontages which are allowed one sign per frontage.

Size and proportion. Multiple signs along a single building facade shall all be identical in size and their location shall be considered in relationship to the overall building. Applicants shall strive not to obscure architectural features and to complement/highlight building details. The overall depth of signs shall be eight inches maximum. Signage on windows shall follow the guidelines outlined in section 34-109(c)(6).

Materials and techniques. Signs shall be composed of durable and weather-resistant materials.

Lighting. Signage may be lit using down-lighting fixtures mounted to the building or sign panel. Halo-lit or back-lighting of the letters is permitted. Exposed conduits should be minimized and painted to match the facade color.

(2)

Building name and address.

Definition. Signs that display the name and address of a commercial property, such as residential or office building, and identify the main entry doorway. Signs may be lettering or plaques located above the main entry doors, next to the doors, or used in combination. In the case of multiple entries along one street frontage, the owner shall designate one entrance as primary, and one as secondary, with the secondary entrance utilizing minimal signage. Buildings with more than one street frontage may designate one entrance per frontage as a primary entrance. Plaques should be located at eye-level, between four and five feet to the center of the sign, in compliance with ADA requirements.

Size and proportion. Signage should be proportioned to the scale of the building entry and be sized to fit within natural zones on building facade, such as areas above doorways, or columns next to entries. Applicants shall strive not to obscure architectural features and to complement/highlight building details.

Materials and techniques. Signs shall be composed of durable and weather-resistant materials.

Lighting. Small down-lighting fixtures mounted to the building or sign panel, or halo-lit or backlighting of the letters is permitted. Exposed conduits shall be minimized and painted to match the facade color.

(3)

Sign band.

Definition. A sign band is located on a building in the horizontal zone above storefront windows, or on upper floors below the windows or cornice. Signage may be composed of individual letters or contained in a single panel that is mounted parallel (flat) to the building facade. Corner businesses may have one sign in the sign band on each street frontage.

Size and proportion. The sign should fit within the sign band area outlined above and expose a portion of the building facade around all sides of the sign panel. Applicants shall strive not to obscure architectural features and to complement/highlight building details. The overall depth of signs should be eight inches maximum.

Materials and techniques. Signs shall be composed of durable and weather-resistant materials.

Lighting. Signage is intended to be lit externally and may use multiple small down-lighting fixtures mounted to the building or sign panel. Halo-lit or back-lighting of the letters is permitted. Exposed conduits should be minimized and painted to match the facade color.

(4)

Awnings as signs.

Definition. In addition to providing sun and weather protection, awnings can be used as signs when there is not a definite sign band available, awnings may also supplement wall signs or projecting signs. Open-sided awnings are preferred, with the graphics restricted to the vertical surface.

Size and proportion. Awnings are permitted above each display window and building entrance. Each awning may not exceed the length of the correlating window or entrance to which it is associated. Awnings may be used on both street-facing sides of a corner storefront. Awnings should be sized appropriately to the store front and building facade. Awnings should not project more than five feet from the facade and be a minimum of eight feet from the lowest point of the drop valance to the sidewalk. Nothing is permitted to be hung from awnings.

Materials and techniques. Signs shall be composed of durable and weather-resistant materials. Use high quality supports and minimize drilling and damage to building facade. Awnings must be mounted securely such that windy days do not cause excessive flapping or failure. Plastic awnings are prohibited.

Lighting. Awnings may be illuminated with building mounted down-lights. Awnings may not be internally illuminated. Lighting with the sole purpose of illuminating the sidewalk may be used.

(5)

Projecting sign.

Definition. These signs project outward from the building facade, typically over the sidewalk. They should be securely mounted near the entrance to the business. The sign must have two identical sides. Projecting signs are also called blade, shingle and pendant signs. Corner businesses may have one projecting sign on each street frontage.

Size and proportion. Projecting signs shall be sized appropriately to the building façade. Applicants shall strive not to obscure architectural features and to complement/highlight building details. Vertical columns are ideal mounting locations. The bottom edge of the sign should not be lower than eight feet above the sidewalk. Signage should project no more than 36 inches from the face of the building (including brackets) and maintain a six inches space between the sign and the building face.

Materials and techniques. Signs shall be composed of durable and weather-resistant materials. Use layering and depth to create visual interest. Minimize penetrations, drilling into, and damage to building facades or columns. Brackets may be expressive and decorative. Signs must be secured so that wind will not cause swinging or detachment.

Lighting. Signage may be lighted externally. Use small lighting fixtures mounted to the sign or building face. Exposed conduits are to be minimized and painted facade color.

(6)

Window and door graphic.

Definition. These graphics typically display the business name and logo and may state the nature of the business. Signage typically is located on the main storefront display windows. Detailed information, such as telephone numbers and hours of operation, is preferred to be smaller scale and located on entry doors. Window graphics maybe be located on each main display window of the tenant space.

Size and proportion. Window graphics may not exceed 15 percent of the size of the window to which they are affixed. Retailers are encouraged to minimize additional signage and postings that may further obscure views into the space.

Materials and techniques. Individual letters and graphics are preferred. These may be cut vinyl, metal leaf, or hand-painted. White or light-colored letters are preferred to darker colors due to their increased visibility. Large decals are strongly discouraged.

(7)

Sidewalk sign.

Definition. Sidewalk signs, also called sandwich boards or easel signs, allow merchants to display special menu items or store events. Signs must be placed directly in front of the business to which they pertain. They may not be placed within five feet of the property line nor within two feet of the curb. Signs shall not interfere with pedestrians or create safety hazards. Signs may only be displayed during the hours of operation of the business. Sidewalk signs shall be limited to one per business.

Size and proportion. Overall dimensions shall be a maximum of 30 inches wide by 42 inches tall. Plastic and banner-style sidewalk signs are not permitted.

Materials and techniques. Signs shall be composed of durable and weather-resistant materials. Signs shall not be chained to trees and other sidewalk elements. Use locking stays to keep signs in the open position. Secure signs so that wind will not blow signs over. Signs should not be displayed on excessively windy days.

(d)

Signs in Highway Business (BH), Shopping Center (SC), Industrial (I) and Waterfront (W) Districts. The following signs are permitted:

(1)

Two signs pertaining to each establishment or occupancy in a building, store or office the total area of which shall not exceed 200 square feet shall be permitted, provided that:

a.

One of these signs may be freestanding, further provided that such sign shall not exceed 15 percent of the area of the building face or 60 square feet whichever is the smaller area.

b.

In the case of an open-air use containing no building, one freestanding sign not exceeding 60 square feet shall be permitted for each 100 feet of lot frontage on the street on which the use had direct frontage.

(e)

Signs in the Naval Hospital District-Commercial. The following signs are permitted in the NHC district:

(1)

Each industrial building shall be permitted one sign on each wall facing a street on which the building has direct frontage, provided that such signs must be attached and parallel to the building.

(f)

Off-premises signs.

(1)

Special permit. Billboards or signs advertising a business, service or product at another location, hereinafter referred to as off-premises signs shall not be erected except upon the issuance of a special permit by the zoning board of appeals.

(2)

Nonconforming off-premises signs. Notwithstanding the foregoing or any other provision of this chapter, any off-premises sign or billboard which was lawfully erected and maintained, and for which a permit was issued under the provisions of M.G.L. c. 93, was in compliance with the ordinances of the city and was otherwise lawful in all respects on the date when said permit was issued, shall be permitted to be used and maintained and may from time to time be repaired or replaced without the approval of said zoning board of appeals.

(g)

Design standards and restrictions.

(1)

No hanging or projecting signs shall be permitted except within the BR and BR2 districts.

(2)

All signs or advertising devices shall be stationary, except time and temperature indicators, and may not contain any visible moving or movable parts.

(3)

No sign shall generate music or an audible message.

(4)

No sign, other than traffic control and route signs authorized by public agencies and temporary sidewalk signs per section 34-109(c)(7) shall be placed within a public right-of-way.

(5)

No sign shall be so designed, colored or placed, as to endanger, obscure, confuse, blind by glare or otherwise create a hazardous condition to motor vehicle traffic or pedestrians.

(6)

No sign painted or attached to a building shall project more than six inches from the wall or above its roof or parapet line except within the BR and BR2 Districts per section 34-109(c)(5).

(7)

No sign shall be placed in any side or rear yard adjoining a residential district.

(h)

Illumination. The following standards shall apply:

(1)

Signs in residential districts may not be illuminated except for signs for places or businesses open to the public, and such signs may be lighted only indirectly and in a manner that will not permit direct light to shine onto any street or adjacent property.

(2)

Any lighting shall be continuous and non-flashing.

(3)

Exposed neon-type or exposed gas-illuminated signs shall be high-quality and in conformance with all other applicable sections of the ordinance from which this section derived.

(4)

Internally illuminated sign boxes with translucent plastic faces are prohibited.

(5)

Lighting shall conform to the recommendations of the International Dark Sky Association (IDA).

(i)

Temporary signs.

(1)

Banners, flags, and pennants. Banners, flags, and pennants associated with a temporary event, such as grand openings, sales or closings, are not allowed on any premises for more than four weeks in aggregate in any calendar year, except that a banner, flag or pennant for a seasonal event may exceed four weeks with the written permission of the building inspector.

(2)

Removal. Temporary signs relating to a business, service, product, or activity on the premises on which the sign is located shall be removed from public view within seven days after the activity advertised has ceased or after substantial damage to the sign, whichever comes first.

(3)

Placement. No temporary sign shall be placed or allowed to be placed or affixed to any public building, land, fence, utility pole or tree within the city.

(4)

Mobile signs. Mobile signs are prohibited in the city.

(5)

Sidewalk sign. Sidewalk signs are prohibited in the city except in the BR and BR2 Districts per section 34-109(c)(7).

(j)

Removal.

(1)

Change in occupancy causes sign to no longer apply. Any sign erected after adoption of the ordinance from which this chapter is derived which, because of a change in occupancy, ceases to refer to a bona fide business conducted, or product sold on the premises, shall be removed by the owner within 30 days after written notification from the building inspector or within such longer period not exceeding one year as the inspector and zoning officer may determine.

(2)

Projecting sign. Any projecting sign which, because of a change in occupancy or a change in use, ceases to refer to a bona fide business conducted, or product sold on the premises shall be removed by the owner within 30 days after written notification from the building inspector and zoning enforcement officer or within such longer period not exceeding one year as the inspector and zoning officer may determine.

(3)

Nonconforming signs. All nonconforming signs may continue to be used and maintained hereafter and may be replaced from time to time, unless ordered removed in accordance with this chapter or unless abandoned.

(k)

Maintenance. All signs shall be maintained by the owner of the property on which the sign is located in a safe, clean, sanitary and inoffensive condition. All superficial damage or graffiti shall be remediated by the owner within ten days of the damage taking place. Signs deemed unsafe or structurally deficient by inspectional services shall be removed within seven days or sooner at the discretion of the building inspector from the exterior of the property, and may not be reinstalled until the new or modified signage has been reviewed by the building inspector.

(Ord. of 6-20-2005, § 5.4; Ord. of 6-17-2019)

(a)

Generally.

(1)

Compliance. All proposed uses of buildings, lots or premises within any district after passage of the ordinance from which this chapter is derived shall conform to this section.

(2)

Burden of proof. The applicant, at the applicant's own expense, shall furnish evidence sufficient to satisfy the zoning enforcement officer that the proposed use of the building or premises will not produce any occurrences beyond the lot lines as measured by the performance standards listed below or as existing in comparable operations in the district.

(3)

Abatement. Any activity resulting in a violation of the standards set forth in this section shall be reduced to acceptable standards or discontinued.

(b)

Air pollutants. Except as is herein provided, all use and conditions of land, buildings and structures shall be in conformance with the regulations set forth at 310 CMR 6.00—8.00.

(c)

Noise. Noise shall be controlled and in conformity with section 16-99, noise control.

(d)

Odor. Emissions from plant sites or other sources as measured at the user's property line shall not exceed the established threshold limit values for odors as outlined in T.M. Hellman and F.H. Small, Journal Air Pollution Control Association, 24(10), 979-982, (1974); and amendments thereto added by the Manufacturing Chemists Association, Inc., Washington, D.C.

(e)

Heat, glare and vibration. No heat, glare or vibration shall be discernible without instruments from the outside of any structure.

(f)

Waste disposal, water supply and water quality. The regulations of the state department of public health shall be met and when required, approval shall be indicated on the application for a building permit. In no case shall discharge cause the waters of the receiving body to exceed the limits assigned by the state water resources commission, division of water pollution control, as published and entitled "Water Quality Standards," filed with the secretary of state on September 21, 1978, and amendments thereto, for streams and water bodies within the city.

(g)

Storage. All materials, supplies and equipment shall be stored in accordance with the Fire Prevention Standards of the National Fire Protection Association and shall be screened from view from public ways or abutting properties.

(h)

Exterior lighting. No exterior lighting, other than street lighting approved by the department of public works, shall shine on adjacent properties or toward any street.

(i)

Exterior lighting in residential districts. In the R1 and R2 districts, the exterior illumination of buildings or grounds except as may be permitted for required parking areas, shall:

(1)

Be permitted only for noncommercial uses open to the public, such as a church or playground;

(2)

Be shown on a site plan approved by the building inspector; and

(3)

Be continuous and nonflashing.

(j)

Building construction. All buildings shall be of construction prescribed in the state building code. No building permit shall be granted unless the application for such permit is filed in accordance with the building code.

(k)

Hazardous materials.

(1)

Compliance with regulations. All hazardous materials used, created, stored, processed, disposed of by processing, diluting, burying or containment, leaching or any other manner, or transported (including piping) in the city shall be used, stored or transported in accordance with all applicable federal, state and local regulations.

(2)

Notice. Except for transport on Route 1, a notice for use, creation, storage, processing, disposal and transport shall be filed with the board of health, on such forms as they shall require. Notification shall include, as a minimum, identification of material, the amount involved, the process, if any, the routes of transport, carrier and conveyance, if any. The board of health may require a bond be posted to cover any and all possible damage to persons, property and environment.

(l)

Erosion control. Whenever the existing contours of the land are altered, the land shall be left in a usable condition, graded in a manner to prevent the erosion of soil and the alteration of the runoff of water to or from abutting properties, and shall be suitably landscaped.

(m)

Dish antennas. For commercial or industrial districts, dish antennas may be located in either the rear yard or on a roof at the discretion of the zoning enforcement officer after consultation with the building inspector. Satellite dishes affixed to buildings such as those for residential use shall not be located facing a public right-of-way, and may not overhang any public sidewalk or street. Dishes must be removed within 30 days of disuse.

(n)

Electrical interference. No equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises.

(o)

Waterways license. All uses within state trustlands, tidelands, rivers and streams shall be further subject to the provisions of M.G.L. c. 91 and 310 CMR 9.00.

(p)

Inundation pathways. Any parcel requiring a special permit, variance, or site plan review shall eliminate any pathway through which floodwaters could access a public right-of-way for the design life of the project. The appropriate design height of storm surge shall be determined using the best available science and take into account projected sea-level rise using conservative emission reduction assumptions.

For development proposals on property within vulnerability zones identified in the report Designing Coastal Community Infrastructure for Climate Change, January 2017, or any update to the city's projections of coastal flooding, proponents must include a description of how projected changes in sea-level rise and storm surge will affect the survivability, integrity, and safety of the proposed project and of any inhabitants, and the measures included in project siting and design to avoid, eliminate, minimize, or mitigate any adverse impacts.

(Ord. of 6-20-2005, § 5.5; Ord. of 6-17-2019; Ord. of 3-8-2021(5), § 7)

The waterfront improvement trust fund will receive chapter 91 mitigation funds, grants, gifts, and other donations. The funds will be overseen by the city manager and kept by the city treasurer separate from other funds.

(1)

Chapter 91 waterfront improvement mitigation funds may be generated when any of the following conditions are met. Contributions to the fund shall be a condition of any license and special permit. This fee will take into consideration non-maintenance of waterside infrastructure, depreciation of existing infrastructure, and the cost of restoring the shore to a state that can accommodate maritime industries. The amount and payment schedule will be calculated on a case-by-case basis, based upon factors that may include the square footage of property in chapter 91 jurisdiction, the type of licensed use(s), the type(s) of impact(s), and comparable property values.

a.

Temporary uses that are licensed in the DPA or temporary licenses that are renewed. Temporary uses along Chelsea Creek, though important to the local economy, are not water-dependent industrial uses. As such, temporary licensees are not incentivized to maintain waterfront infrastructure to support future water-dependent industrial uses. And though the temporary license conditions stipulate that properties must be marketed for water-dependent uses, this provision can be difficult to monitor and enforce. Further, should a prospective water-dependent industrial tenant be identified, there is no requirement or incentive for accommodating that use prior to the expiration of the temporary license. In order to incentivize the marketing of properties for water-dependent uses and to ensure that funds exist to maintain the waterfront infrastructure, property owners with temporary use licenses shall be required to pay a fee into the waterfront improvement fund.

b.

Licenses which rely upon discretion provided for by the Chelsea Creek Municipal Harbor Plan and Designated Port Area Master Plan. Payment into the waterfront improvement trust fund is an acceptable license and special permit condition when a project cannot meet the conditions of, or relies upon discretion provided for by, the Chelsea Creek Municipal Harbor Plan and Designated Port Area Master Plan as outlined in chapters 7 and 8 of that plan. Payment(s) shall be required when (a) mitigation is required for new net shadow-related impacts on the watersheet and areas in the DPA within chapter 91 jurisdiction; or (b) a parcel is allocated a supporting-use quota for the parcel above 25 percent of the lot area.

As outlined in the designated port area master plan, some parcels within the DPA may be eligible for an increase in the amount of supporting use allowed on the project site. The city will be responsible for tracking and reporting on the acreage available for supporting uses within the DPA, and may allow, at its discretion, additional area for supporting uses as appropriate. Payment into the waterfront improvement trust fund will be a license and special permit condition when any of the above conditions are met.

c.

Failure to meet public access requirements. Financial mitigation for failure to provide minimal public access shall be provided when (a) a project cannot meet the public access conditions as outlined in chapters 7 and 8 of the Chelsea Creek Municipal Harbor Plan and Designated Port Area Master Plan (e.g., the specific point access described in chapter 7); or (b) impacts to the public's rights on tidelands cannot be compensated for through other means. Payment into the waterfront improvement trust fund will be a license and special permit condition when any of the above conditions are met.

d.

Making a non-prohibited use into a supporting use. When no water-dependent industrial use exists on site, or a proposed supporting use is neither categorically excluded nor explicitly allowed as a "supporting use" in the city's zoning and through state regulations, then the use may be allowed provided that it demonstrates direct economic support of water dependent industrial uses through contributions to the waterfront improvement fund. In these circumstances, payment(s) into the waterfront improvement fund will be a license and special permit condition.

(2)

Uses of waterfront improvement trust fund. The waterfront improvement trust fund shall only be used within the impacted area to support projects that improve navigation, address inundation pathways, mitigate flooding, improve habitat, and promote activities consistent with a working waterfront. Projects may include: bulkhead improvements; fender maintenance; stormwater management; tide-gates; dredging; lighting; signage; traffic management; and improving signage and understanding related to safety, fishing, and small craft use of the waterways. Funds may be dispersed as grants or loans. No funds will be used to support any dredging where spoils will be disposed of within Chelsea Creek or the Mystic River.

(Ord. of 3-8-2021(5), § 8; Ord. of 05-22-2023(1))

Editor's note— Ord. of 05-22-2023, adopted May 22, 2023, repealed the former § 34-111, and renumbered the former § 34-112 as § 34-111. The former § 34-111 pertained to community improvement trust fund and derived from Ord. of 11-21-2016(5) and Ord. of 12-23-2019, § 1. The historical notation has been retained with the renumbered section for reference purposes.

Editor's note— See editor's note at § 34-111.