No building, structure, or land shall be used, constructed, erected, placed, altered, or converted, in whole or in part, for any purpose or in any manner other than for one or more of the uses set forth in MCC 12.12.030 as permitted by right, indicated by the word "Yes", or as permitted by special permit, indicated by the letters "SP". The word "No" indicates the use is prohibited. The letters “SPR” indicate that Site Plan Review is required.

1. Except for Marijuana Retailer, Marijuana Cultivator, Independent Marijuana Testing Laboratory, Marijuana Product Manufacturer, Marijuana Research Facility and Marijuana Transporter, where a special permit shall be required by the City Council in accordance with MCC 12.12.020; and except for residential use 'dwelling, multifamily, more than six (6) stories but not to exceed seven (7) stories', where a special permit shall be required by the City Council in accordance with the requirements of this section herein under, 'All structures more than Six Stories', and for all residential uses where a Special Permit is required, as indicated by the letters “SP”, may be allowed only by Special Permit granted by the Planning Board and in conformance with the following controls:
   1. For construction of new buildings, compliance with the dimensional controls and parking requirements of this Ordinance. A variance shall be required to grant relief from any noncompliance with dimensional controls and parking requirements of this Ordinance.
   2. For the addition of a residential use to a lawfully existing building, or for alteration, conversion or other change to a residential use, which was lawfully existing or begun prior to the first publication of notice of the public hearing on this amendment, the Planning Board must make a finding that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood; and if the Planning Board makes the finding that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood, then any new or increased violations of dimensional controls or parking requirements may be allowed by special permit and shall not require a variance.
   3. The Planning Board must find that the residential use is in the interest of the common good.
2. Except as otherwise hereinafter provided, for all institutional, business, industrial and other uses, where a Special Permit is required, as indicated by the letters “SP”, the use may be allowed only by Special Permit granted by the Planning Board in conformance with the following controls:
   1. For construction of new buildings, compliance with the dimensional controls and parking requirements of this Ordinance. A variance shall be required to grant relief from any noncompliance with dimensional controls and parking requirements of this Ordinance.
   2. For addition of the use to a lawfully existing building, or for alteration, conversion or other change to a use, which was lawfully existing or begun prior to the first publication of notice of the public hearing on this amendment, the Planning Board must make a finding that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood; and if the Planning Board makes the finding that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood, then any new or increased violations of dimensional controls or parking requirements may be allowed by special permit and shall not require a variance.
   3. The Planning Board must find that the traffic and traffic patterns generated by the proposed use will not adversely impact any of the surrounding streets or create a traffic or safety hazard. For purposes of determining traffic impact, the Planning Board may request an independent analysis of traffic data submitted by the petitioner, the cost of which will be borne by the petitioner.
   4. The Planning Board must find that the proposed use will not be more detrimental to the neighborhood.
   5. The Planning Board must find that the proposed use is not in conflict with surrounding land uses.
   6. The Planning Board must find that the proposed use is in the interest of the common good.
   7. The owner of the property shall install, repair or replace sidewalks, driveways and perform necessary incidental work adjacent to the property to the satisfaction of the DPW Director; in the event the sidewalks and driveways are in satisfactory condition, as determined by the DPW Director, the owner of the property shall contribute to the Community Improvement Fund of the ward in which the property is located an amount equivalent to the cost of replacing the sidewalks, driveways and incidental work. The estimated cost shall be determined by the DPW Director in accordance with Engineering cost estimates done for the City of Malden in preparation for replacement of sidewalks pursuant to Mass. Gen. Laws ch 90.
3. In addition to any other special permit that may be required as herein provided by this paragraph, in the case of any property, in any zoning district, that is or was the site of a building or structure that has been determined to be a Preferably Preserved Building by the Malden Historical Commission pursuant to the City of Malden Demolition and Alteration Delay Ordinance, a special permit shall be required for any new construction, structural changes and/or alterations to the building, structure or site; and a special permit may be granted only in conformance with the following controls:
   1. For construction of a new building or structure, compliance with the dimensional controls and parking requirements of this Ordinance. A variance shall be required to grant relief from any noncompliance with dimensional controls and parking requirements of this Ordinance.
   2. For any extension, addition, structural change and/or alteration to an existing building, structure or site, which was lawfully existing or begun prior to the first publication of notice of the public hearing on this amendment, the special permit granting authority must find that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood; and if the special permit granting authority makes the finding that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood, then any new or increased violations of dimensional controls or parking requirements may be allowed by special permit and shall not require a variance.
   3. The special permit granting authority must find the proposal is in the interest of the common good.
   4. The special permit granting authority must receive and reasonably incorporate into a special permit that is granted the recommendations of the Malden Historical Commission regarding the preservation of the building, structure or site, which may include, but is not limited to, the rehabilitation, restoration, replication and/or reuse, in whole or in part, of the building, structure or site, or any historical features or elements of the property, the façade and the exterior of the building.
   5. Where the proposal may be allowed by special permit, as required by any other provisions of this paragraph, the special permit granting authority shall be the same; where no special permit is otherwise required under this paragraph, the Planning Board shall be the special permit granting authority.
   6. Prior to filing an application for a special permit, Applicant must file a Notice of Intent to Demolish or Alter a Building/Application for Review by the Historical Commission and all applicable Determinations by the Historical Commission under the Demolition and Alteration Delay Ordinance must be obtained.
      
4. The following uses are expressly prohibited anywhere in the City and there shall be no variance of any of these provisions:
   1. Raising or keeping of livestock, fowl or any other animals, accessory to any residential, institutional, business, industrial or other use.
   2. Except and only if allowed by special permit as provided by this Ordinance as a Marijuana Establishment; and except for personal growing of no more than six plants by an individual for personal use at his/her residence Mass. Gen. Laws ch 94G § 7 (2) and provided no more than twelve plants are cultivated if more than one adult resides therein, and provided this exception does not supersede and shall not be construed to limit landlord and/or property owner rights if said landlord and/or property owner prohibits tenants/occupants from cultivating plants, the raising of marijuana for individual, personal, family, caregiver/caretaker, provider or any other medicinal purposes, accessory to any residential, institutional, business, industrial or other use.
   3. Except and only if allowed by special permit as provided by this Ordinance as a Marijuana Establishment, the sale, lease, rental, dispensing or any means of distribution of any accessories, supplies, equipment related to the growing, cultivation or processing of marijuana or products containing marijuana, as a principal use or use accessory to any existing or new residential, institutional, business, industrial or other use or use legally existing or begun prior to the first publication of notice of the public hearing on this amendment of the ordinance.
   4. Marijuana Social Consumption Establishments are expressly prohibited anywhere in the City, including as an accessory use to any other use.

The use regulations of this ordinance shall not prohibit, regulate, or restrict the use of land, buildings, or structures for religious purposes or for educational purposes on land owned or leased by the Commonwealth of Massachusetts or any of its agencies, subdivisions, or bodies politic or by a religious sect or denomination, or by a non-profit educational corporation, or by the City of Malden, excluding any of its agencies, subdivisions, or bodies politic.

Uses of land, buildings and structures shall be regulated throughout the City of Malden as herein set forth:

* In the event of a situation as described in MCC 12.12.040 Paragraph A, the Building Inspector, at his discretion, may issue a temporary unrenewable occupancy permit not to exceed sixty (60) days, providing a Special Permit is applied for prior to issuance of said temporary occupancy permit.
** For accessory uses, see MCC 12.16.070 Paragraph G

Except in the Flood Plain District, a Manufactured Home hereafter erected, placed, constructed, altered, converted or otherwise changed may be allowed only by special permit by the Board of Appeal providing the placing of the manufactured home shall only be as follows:

1. As a temporary quarter while an existing single family or two (2) family dwelling is being rehabilitated, relocated or reconstructed due to any governmental action, accident or "act of God."
2. A certificate of occupancy shall be valid for 180 days and renewable only once after the original 180 days except that such certificate shall be renewable in the Flood Plain District only in conformance with the State Building Code regulations for permanent mobile homes.
3. The above certificate of occupancy shall only be issued upon submission of an application to build a single or two (2) family dwelling.
4. Any action the Board of Appeal may take on this special Permit does not prejudice any future appeals on this parcel that may come before them.

Planned Unit Development hereafter erected, placed, constructed, altered, converted, or otherwise changed may be allowed only by special permit in Residence C and Residential Office (RO) Districts by the Board of Appeal in conformance with the following controls:

1. In addition to those uses permitted in a Residential Office (RO) District, the following uses shall be permitted:
   1. Day Nursery.
   2. Recreation for Gainful Business.
   3. Restaurants, excluding "Fast Food."
   4. Convenience Retail Sales.
   5. Convenience Retail Services.
2. The minimum and maximum dimensional control requirements of this ordinance shall be in full compliance unless specifically changed in this section.
3. Minimum of fifty (50) dwelling units.
4. Maximum building coverage of the principal building or buildings of any lot is to be thirty (30) percent of the total lot area, except this maximum coverage may be exceeded by twenty (20)percent for a total combined maximum building coverage of fifty (50) percent providing that the off-street parking is to be in the basement and/or cellar of the building and the land that would normally be used for off-street parking would be devoted to usable open space as required in the dimensional controls.
5. Maximum gross floor area of business services shall be twenty (20) percent of the gross floor area of all buildings containing dwelling units in the development.
6. The Board of Appeal must find that this special permit will not adversely affect the surrounding area.

Fast Food Service type restaurant that does not take call-ahead orders and is in excess of 1,000 square feet gross floor area hereafter erected, placed, constructed, altered, converted, or otherwise changed may be allowed only by special permit granted by the Planning Board in conformance with the following requirements:

1. For construction of new buildings, compliance with the dimensional controls and parking requirements of this Ordinance. A variance shall be required to grant relief from any noncompliance with dimensional controls and parking requirements of this Ordinance.
2. For the addition of a restaurant use to a building or alteration, conversion or other change to a restaurant use, which was lawfully existing or begun prior to the first publication of notice of the public hearing on this amendment, the Planning Board must find that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood; and if the Planning Board makes the finding that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood, then any new or increased violations of dimensional controls or parking requirements may be allowed by special permit and shall not require a variance.
3. Landscaping and screening plans, prepared by a Landscape Architect, shall be submitted.
4. Off-street parking shall not be permitted in the required setback of the lot.
5. Parallel off-street parking shall not be permitted on the lot.
6. The restaurant must not, in any way, create a traffic or safety hazard.
7. There must be adequate protection against the creation and spread of litter and debris.
8. The Planning Board must find that the restaurant is in the interest of the common good.

Restaurants erected, constructed, placed, altered, converted or otherwise changed may be allowed in Neighborhood Business (BN), Highway Business (HB) and Industrial (I1 and 12) districts by special permit granted by the Planning Board in conformance with the following requirements:

1. For construction of new buildings, compliance with the dimensional controls and parking requirements of this Ordinance. A variance shall be required to grant relief from any noncompliance with dimensional controls and parking requirements of this Ordinance.
2. For the addition of a restaurant use to a building or alteration, conversion or other change to a restaurant use, which was lawfully existing or begun prior to the first publication of notice of the public hearing on this amendment, the Planning Board must find that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood; and if the Planning Board makes the finding that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood, then any new or increased violations of dimensional controls or parking requirements may be allowed by special permit and shall not require a variance..
3. The Planning Board must find that the proposal will not be more detrimental to the neighborhood.
4. The Planning Board must find that the proposal is not in conflict with surrounding land uses.
5. The Planning Board must find that the proposal is in the interest of the common good.
6. The owner of the property shall install, repair or replace sidewalks, driveways and perform necessary incidental work adjacent to the property to the satisfaction of the DPW Director.

"Fill" operations shall be conducted only by special permit granted by the Planning Board provided the following are in compliance:

1. Drawings to a scale not greater than one hundred (100) feet to an inch with contours shown at least at two (2) foot intervals indicating the elevations before and after the proposed filling, and the location of the area to be worked are to be submitted to the Inspector of Buildings, Planning Board, City Engineer, and Board of Health. A concept plan for future use of the land must also be submitted.
2. Permits issued under this "Fill" operation ordinance by the Inspector of Buildings shall be valid for six (6) months from date of issue and may be renewed by the Inspector of Buildings with the approval of the Board of Appeal.
3. This "Fill" operation ordinance shall not apply to the following: single and two (2) family house lots of 10,000 square feet of land area; where such removal is incidental to and in connection with operations by the city of Malden; with the construction of a building on the premises for which a building permit has been issued in accordance with the building code; and with the development of an approved subdivision. This subdivision exception shall not exceed a period of one (1) year from the date of the Planning Board's endorsement on the final approved subdivision plan and upon expiration of this one (1) year period this ordinance shall be in full effect.
4. The "Fill" operation must be found to not be detrimental to the surrounding neighborhood.

Offsite off-street parking lots hereafter constructed, altered, converted, or otherwise changed may be allowed in all Districts only by special permit granted by the Planning Board in conformance with the following controls:

1. In Residential districts;
   1. The parking facility shall be used only by residential occupants in areas where existing off-street spaces on residential lots are presently inadequate in number and where the provision of such a facility would improve parking and traffic on adjacent streets.
   2. Tenants or users of said facilities shall be limited to residences within three hundred (300) feet of the lot, as measured along the closest line of access.
   3. All vehicles shall be solely for the private or professional use of their owners and none may be commercial vehicles of more than one-half (1/2) ton type or capacity.
   4. Maximum height shall be no more than thirty (30) feet or two (2) stories.
2. In all districts;
   1. All surfaces used or intended for the use of wheeled vehicles shall be paved with an all-weather dust free pavement.
   2. Lights shall be provided and so located as to be shielded from streets and adjoining properties.
   3. Compliance with all other applicable sections of this ordinance.
   4. The Planning Board must find that the facility is not detrimental to the public good.
   5. In all districts, landscaped areas shall be provided onsite in accordance with the following:
      1. For every parking space, ten (10) square feet of landscaped space shall be provided onsite.
      2. A minimum of 75% of the front yard setback, each side yard setback and the rear yard setback of the parking facility shall be landscaped with plantings or other permeable landscaping materials except overly compacted surfaces, such as but not limited to, crushed stone or stone dust. Parking shall be prohibited in the landscaped area.
   6. In all districts, bicycle parking shall be provided onsite in accordance with the following:
      1. For every parking space, 0.1 bicycle racks is required; provided, however, in all cases, a minimum of one bicycle rack is required. For computation, any fractional number shall be rounded up to the next whole number.
      2. Bicycle parking may be located in landscaped areas.

All Structures More Than Six Stories but no more than twelve (12) stories in height may be allowed in Central Business (BC) districts only by Special Permit granted by the City Council in conformance with the dimensional controls of this ordinance; except for properties designated by the Residential Incentive Overlay (RIO) in the Central Business (BC) District. Properties developed using the RIO shall be governed by MCC 12.12.130.

Any Special Permit granted hereunder may be authorized only under the following terms and conditions:

1. The City Council must find that traffic and circulation shall be adequate following project development. The applicant shall supply traffic studies of the existing traffic on surrounding streets as well as the projected loads resulting from the construction of the proposed building. Such studies shall be performed by a qualified traffic engineer in conformance with the criteria established by the Transportation Research Board of the National Research Council, and shall include AM and PM hourly peaks. For the purposes of this Special Permit, "Adequate" shall mean a level of service of "D" or better.
2. The City Council must find that the proposed structure will create no significant new shadow for any properties in Residence A and B zoning districts. To insure the protection of solar access for adjacent neighborhoods, the developer must provide shadow analysis, drawn by a registered architect, for 9:00 A.M., 12:00 Noon, and 3:00 P.M. based upon standard time, for the winter solstice (December 21), spring and fall equinoxes (March 21 and September 21) and summer solstice (June 21).
3. The City Council must find that the proposed structure will not be detrimental to the health, welfare, safety, peace and enjoyment of the nearby residents, and will not cause increases in loitering, disturbances, disorderly conduct, or excessive noise, or a decrease in air quality, and further, the Board must find the proposed use is in the interest of the public good.
4. The City Council must find that water, sewer and drainage systems will be adequate following project development and that adequate provisions have been made for solid waste removal and recycling. The applicant shall provide studies, performed by a registered engineer, showing the impact the proposed development will have on existing water, sewer and drainage systems. For purposes of this Special Permit, a sewer shall be deemed "adequate" if its capacity is sufficient to accept discharge equivalent to the maximum discharge per dwelling unit, as set forth in Department of Environmental Protection standards; a drainage system shall be deemed "adequate if its capacity is sufficient to accept post-development runoff resulting from a 10 year storm; a water system shall be deemed "adequate" if development will result in no reduction to existing pressure and volume.

1. All development in the floodplain district, including structural and non-structural activities must be in compliance with all of the following:
   1. Mass. Gen. Laws ch 131 § 40;
   2. the Flood Resistant Construction sections of the Massachusetts State Building Code;
   3. the Wetlands Protection Regulations, Inland Wetlands, Restrictions, Coastal Wetlands Restrictions of DEP, the
2. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage as promulgated by the Department of Environmental Protection.
3. No variances from the provisions and requirements of the above referenced regulations may be granted except in accordance with the variance procedures outlined therein.
   1. At the time of application, the petitioner shall submit five copies of all plans, including existing contour intervals of site and elevations of existing structures.
   2. The proposed use shall comply in all respects with the provisions of the underlying district.
   3. Along watercourses that have a designated Regulatory Floodway, encroachments which would result in any increase in flood levels within the community during the occurrence of the base flood discharge. In Zone A the Building Inspector shall obtain, review and reasonably utilize any floodway data available as criteria for requiring that development meet the floodway requirements of this section.
   4. The Board must find that the work is in the interest of the common good. The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided that they are permitted in the underlying district and do not require structures, fill, or storage of materials or equipment:
      1. Agricultural uses;
      2. Forestry and nursery uses;
      3. Outdoor recreational uses;
      4. Conservation of water, plants or wildlife;
      5. Wildlife management areas;
      6. Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised in the premises.
   5. All applicable federal and state permits shall be obtained before any site work may be initiated. In a riverine situation, no site work may be initiated that will result in the alteration or relocation of a watercourse until the following have been notified:
      1. adjacent communities;
      2. the National Flood Insurance Plan Coordinator for the Massachusetts Department of Conservation and Recreation;
      3. the National Flood Insurance Plan Program Specialist for FEMA Region I

Planned Development projects may be allowed by special permit by the Malden Planning Board in the Highway Business (BH) district if said projects are consistent with the special permit criteria of this subsection.

1. Minimum Lot Size: The minimum lot size for a Planned Development project at the time of application shall be 50 acres.
2. Temporary Uses: The following uses may be allowed for site preparation of the development project in accordance with the Planned Development special permit:
   1. Batching plants, excavation and gravel operations may be allowed in conformance with the following conditions:
      1. Batching plants shall be located at least 300 feet from any residential structure.
      2. Maximum height measured from finished grade to the top of the structure (not including safety devices) - 80 ft.
      3. All aggregate, other than sand, shall be produced from materials quarried on site.
      4. Batching plants and associated site shall be built and maintained in full compliance with all applicable Mass DEP regulations. Copies of all reports required by DEP shall be sent to the Planning Board.
      5. No batching plant or associated quarry activities shall be permitted blow an elevation that is 20 feet above mean sea level.
      6. The applicant shall provide a surety or mortgage to the satisfaction of the Planning Board to assure an Mass. Gen. Laws ch 21E clean site and to insure the regrading of the site in the event that the holder of the special permit is unable to regrade the site in conformance with the Development Master Plan. If the special permit holder ceases operations associated with the above noted temporary uses before the submission or approval of the Development Master Plan, funds from the above noted surety shall be used to regrade the site to conditions that would conform with the Development Master Plan prepared for the Planning Board in accordance with Paragraph B,1,i.
      7. As a condition of the special permit a Development Master Plan (Master Plan) consistent with the criteria and procedures defined in Paragraph B,1,i shall be filed with the Planning Board within 5 years of receiving a special permit for any or all uses noted in Paragraph B above. A Master Plan shall be required for all property associated with the permitted temporary uses including all property owned by the special permit holder that abuts the temporary uses. The Planning Board shall submit copies of the Master Plan to the Malden Redevelopment Authority and to the City of Revere Planning Board for review and comment. The Planning Board shall have 4 months to review the Master Plan and approve as submitted, approve with conditions or disapprove.
         In the event a master plan is deemed incomplete by the Planning Board, a complete plan must be submitted within three months of official notice by the Planning Board, failing which the Building Inspector shall order a cease in the temporary use until reinstituted by the Planning Board. If disapproved, the owner shall have the right to resubmit at any time within the 5 year filing time frame noted above, or if disapproval occurs after the 5 year limit, within 3 months of official notification of this original disapproval.
         However, if the Master Plan is not submitted for approval within the specified time period, or if disapproved, or if the time limits above have expired, the special permit holder shall be considered in violation of the special permit conditions and the Building Inspector shall order a stop to all operation and further order removal of all equipment, and furthermore, shall forfeit the security described in Paragraph B,1,h. Once approved, the owner can petition the Planning Board at any time for changes to the Master Plan. At said time the Planning Board may require additional information to substantiate the requested change, and shall seek comment from the Revere Planning Board and the Malden Redevelopment Authority.
         After approval of the Master Plan the temporary uses shall be deemed permissible for a period of eight years commencing from the date of receiving the special permit for said uses. However, if by a date not less than one year from the end of the eight year period noted above development activity, in general conformance with the Master Plan, has not commenced, the holder of the special permit shall be considered in violation of the special permit conditions. At a minimum, commencement of development activity shall be construed as the filing of a building permit or subdivision plan that is generally consistent with the approved Master Plan, the completed construction value of which is at least equal to the assessed value of the temporary special permit project or projects. However, if the owner can demonstrate that due to conditions beyond its control, development consistent with the Master Plan cannot proceed, the Planning Board may extend the special permit. Conditions including but not limited to the delays in local, state or federal permitting shall be considered as appropriate conditions to extend the special permit. The extension shall be for a period of time that will result in allowing the operations of temporary uses for a period not to exceed ten years from the date of the issuance of the special permit. If development activity does not commence during the time period associated with the extension all temporary uses shall cease.
         In the instance where development activity does occur within the required time frame the Planning Board may allow, upon petition of the special permit holder, a continuation of the special permit temporary uses for a period not to exceed 5 years if it can be shown that said uses will not impede development consistent with the approved Master Plan. However, in no instance shall the operation of any temporary use exceed thirteen years.
         Upon request for an extension of a special permit the Planning Board may require the submission of additional or updated information regarding the Master Plan.
      8. The recipient of a special permit granted pursuant to this section shall provide the Planning Board with security for the performance of such recipient's obligation to prepare and file a Development Master Plan in conformance with the criteria and procedures of this section. The recipient of a special permit at the time of the issuance of said special permit shall deposit one of the following with the Planning Board:
         1. Cash in the amount of $100,000;
         2. performance bond and/or other security as the Planning Board may deem adequate to provide sufficient funds for the preparation of a Development Master Plan by the Planning Board in the event that the recipient of the special permit fails to do so in a timely manner. The amount of said financial instrument shall have a present value from the time of issuance of not less than $150,000.
            Such security shall be deposited under terms which make the security available to the Planning Board to use for the development by it of a Master Plan in the event that the recipient of the special permit fails to do so.
      9. The Development Master Plan (Master Plan) shall have the following requirements:
         1. Preparation Criteria and Copies: All site plans shall be prepared and stamped by a registered land surveyor or professional engineer. All original site plans shall be prepared on standard 24"x36" mylar sheets at a minimum scale of 1"=40'. Elevation drawings, where required, shall be drawn at a minimum scale of 1"=8'. Ten copies of all site plans and other materials constituting the Master Plan submission shall be provided to the Malden Planning Board.
         2. Information and Analyses:
            1. The location and boundaries of the lot, adjacent streets or ways, and the location and owners' names of all adjacent properties.
            2. Existing topography to include contours (two foot intervals), the location of wetlands, streams, water bodies, drainage swales, areas subject to flooding, and unique natural land features.
            3. A site regrading plan indicating the proposed reconstructed topography of the development site. The regrading plan shall be at two foot intervals; be conducive to the implementation of the Master Plan; and shall indicate the nature and proposed compacting density of all materials used in regrading.
            4. A site plan illustrating the proposed general location of structures, including estimates of dimensions, foot print, total gross floor area, number of stories, general floor elevations and building height(s).
            5. An overall site access plan indicating the preferred access plan and alternatives. To include site plan schematic indicating the probable location of parking and loading areas, driveways, access and egress points.
            6. The locations, description and capacity of all existing and proposed sanitary sewer, water supply and storm drainage systems, refuse and other waste disposal methods and any other public utility or communication easement or installation.
            7. Based on an estimated level of development an analysis of the impact of storm water runoff on adjacent and down stream water bodies and water tables and an analysis of the impacts to the regional waste water system.
            8. Identification of landscape features both natural and proposed. To include the location and a description of buffer areas, screening, fencing and planting designed to protect and enhance the surrounding areas.
            9. The location and description of proposed publicly accessible open space and/or recreation areas, if applicable.
            10. The Master Plan shall provide a traffic study to include at a minimum the average daily traffic and peak hour traffic on the existing roadways that service the site (it shall be collected within one year before the Master Plan submission); projected vehicle trips after full development of the site; level of service analyses of affected intersections, before and after development; and suggested mitigation measures to insure that the level of service operates at level "D" or better. As much as is possible all traffic information should be related to roadway alterations being considered by local, state or federal authorities.
            11. Information regarding the potential dangers of erosion, destabilization of ledges and sedimentation caused by the operation and maintenance of the proposed development and the mitigation efforts proposed.
            12. A site plan indicating the proposed development scenario with a visual analysis indicating the visual impacts of the proposed development on all surrounding neighborhoods.
            13. An analysis of the estimated net fiscal impacts to the City of Malden as a result of development. To be prepared in one year, three year and ten year formats.
            14. As part of the Master Plan submission to the Planning Board, the special permit holder shall submit the name of the individual or entity chosen to develop the area covered by the Master Plan, along with a copy of its agreement with such developer. Information regarding the experience and financial capabilities of the proposed development firm or team with examples of prior projects that are of a similar size and scope shall also be provided.
3. Special Permit Uses: All uses permitted by right and special permit in the BH district, except motor vehicle repair shops, shall be permitted as part of the initial special permit for a Planned Development. However, all projects or any individual element must be generally consistent with the approved Master Plan or the Master Plan with approved amendments. The dimensional controls applicable in the Table of Intensity Regulations (MCC 12.16.010) shall apply to each use proposed, except where superseded by the following:
   1. minimum lot size: 2 acres
   2. building coverage per lot: 50%-not including parking areas or structures.
   3. minimum yard setbacks: side yards-50 feet; front and rear yards - 100 feet.
   4. maximum height 96 feet and 8 stories.
4. The Planning Board must find that the Planned development is in the interest of the common good.
5. The Planning Board must find that the Planned Development will not adversely impact the surrounding area.
6. The Planning Board must find that traffic generated by both temporary and permanent uses will not adversely impact any of the surrounding residential streets.

1. Residential Incentive Overlay (RIO) and Residential Incentive Overlay B (RIO-B):
   
   1. A RIO, consistent with the recommendations of the Malden Square Zoning and Design Plan dated March 1998, and an RIO-B, consistent with the City of Malden Master Plan dated July 2010, may be applied over parcels within the Central Business (BC) District. The overlay shall not restrict property owner rights relative to the underlying zone. However, if the owner elects to use the RIO or RIO-B for development purposes, development shall conform to the following regulations, and other regulations that may apply consistent with the ordinances of the City of Malden:
   2. The RIO shall permit multi-family residential use by right up to 12 stories and a height of 120 feet from the highest point of the established grade.
   3. The RIO-B shall permit multi-family residential use by right up to 6 stories and a height of 70 feet from the highest point of the established grade.
   4. Property located in Central Business, Residential Incentive Overlay and Residential Incentive Overlay B zoning districts may be developed at any one time only in accordance with those regulations for one of the zoning or overlay districts (CB, RIO or RIO-B) and may not be developed simultaneously using the regulations for more than one zoning or overlay district.
2. The RIO and RIO-B shall permit all allowed uses in the underlying Central Business Zone at street level. These uses shall not exceed 65% of the total floor area of any floor(s) at grade/street level.
3. All uses shall be subject to the same off-street parking requirements as the underlying Central Business Zone. Parking shall be provided on site or in an off-site facility within 400 feet of any property line of the residential property. In the instance where parking is provided off site, but within 400 feet of the residential property, the Malden Traffic Commission shall certify that said parking is available for use. In no instance shall more than 30% of the required off street parking be permitted in an off-site location. If parking requirements are reduced, the developer/owner shall contribute $2,000 annually for each space reduced to a City of Malden Parking and Traffic Mitigation Trust Fund to be used at the City’s reasonable discretion to mitigate future impacts on traffic and parking and/or for infrastructure improvements to parking and traffic systems
   1. Compact Parking Spaces: Notwithstanding the dimensional requirements of MCC 12.20.020 Paragraph A of this Ordinance, up to 30% of one-site off-street parking spaces may be seven-and-a-half feet in width by seventeen feet in length (7.5'X17') and shall be appropriately designated as restricted for use by compact cars.
   2. Car Sharing Program: The developer shall make all reasonable efforts to participate in a car sharing program i.e,. “Zip cars”, whereby the development provides on-site car sharing program vehicles and designates on-site parking spaces for car sharing program vehicles that are available for use by residents of the development at a cost, typically based on usage (time and mileage); the number of car sharing program vehicles and spaces to be provided on-site by the development shall be based on the following formula: 1 car sharing program vehicles and parking space on-site per 50 residential dwelling units or fraction thereof.
   3. Bicycle Parking:
      1. Any development shall provide on-site bicycle parking in the form of an inverted U-shaped rack in a designed secured area in accordance with the following:
         1. One inverted U shaped rack to accommodate 2 bikes for every 20 residential dwelling units or part thereof above the first 20 residential dwelling units.
         2. One inverted U-shaped rack to accommodate 2 bikes for every 10, 000 square feet of floor area of commercial space or part thereof.
      2. Bicycle parking may be provided in an interior and/or covered portion of the development.
4. Dimensional Requirements: All allowed uses in the RIO or RIO-B shall be subject to the dimensional requirements contained in MCC 12.16.010 and MCC 12.16.030 (but shall not be subject to the provisions contained in MCC 12.12.100), with the exception of minimum usable open space requirements, which shall be a minimum of 50 square feet per dwelling unit, and density requirement (sf/du) which shall be a minimum of 150 square feet in the RIO or RIO-B. However, the minimum area and frontage requirements, shall apply. Provided, however, that any building that is part of an RIO-B development shall have a minimum yard setback of 10 feet from all sidewalks along Exchange St. and that any building that is a part of an RIO development shall have a minimum yard setback of 10 feet from all sidewalks, and these set-back areas shall be landscaped.
5. Historic Structures: Development at a site where a building or buildings have been designated as historic structures by local, state, or federal historic designation statutes, the historic facade or facades of the building or buildings shall be incorporated into the design for the reuse of the building or buildings in question.
6. Building Materials and Colors: Development shall have masonry veneer as the majority of the building facade material. The facade shall be defined as the exterior, above grade surface area of the vertical plane of all exterior building walls, not including openings, penetrations, doors, windows and door and window frames and trim. At least 85% of the masonry veneer shall be brick or stone and/or brick or stone facing or other similar products. No more than 15% of the building facade shall be exposed concrete. Rough-hewn cedar shingles, textured exterior plywood, vinyl siding, and reflective glass shall not be used. Masonry shall not be painted. No stucco shall be used on the exterior of any building in a development. Street level parking that is located under/within a building shall be screened on the exterior with decorative grates or other facade treatment to be approved by the Site Plan Review Committee.
7. An area of passive recreation shall be required of all residential developments.
8. Any development shall provide commercial space on the street level. Commercial space located at the street level of an RIO or RIO-B development shall have large display windows and transparent doors along the street level facade to maintain strong visual connections between the interior and exterior. Provide a minimum of 50% of the linear frontage of the commercial facade for doors and windows with non-reflective glass. Install doors with a minimum of 50% of their area in clear glass.
9. Refuse Removal Facilities: All multi-family residential developments shall provide a trash compactor room and facility on the premises and adequate access shall be provided for the servicing of said room and facility. Other provisions for the disposal of refuse may be permitted at the discretion of the Building Inspector, including dumpsters, if in the opinion of the Building Inspector a trash compactor room and facility cannot be adequately sited on the premises or is not deemed necessary for the safe and adequate removal of refuse given the provision of existing municipal trash collection services. However, if the Building Inspector permits dumpsters they shall be subject to the provisions contained in MCC 12.20.030 Paragraph E,8.
10. Traffic: The project proponent shall demonstrate that traffic and circulation shall be adequate following project development. The applicant shall supply a traffic study of the existing traffic on surrounding streets as well as projected loads resulting from the construction of the proposed building. Such studies shall be performed by a qualified traffic engineer in conformance with the criteria established by the Transportation Research Board of the National Research Council, and shall include AM and PM hourly peaks. For any proposal, "Adequate" shall mean a level of service of "D" or better.
11. Any development shall, at a minimum, upgrade pedestrian crossings at all intersections (signalized or unsignalized) that are abutting or adjacent or within one block of the site, improvements including, but not limited to, installation of pedestrian count-down timers at signalized intersections, upgrade of existing crosswalks to include permanent signage, specialized pavement treatment and striping, as recommended by Traffic Operations Assessment, Malden Central Business District, Malden, Massachusetts (dated July 11, 2011), in addition to any other pedestrian crossing improvements necessitated by the development as recommended by the City pursuant to its peer review of the traffic impact study for the development; all design and installation costs at the expense of the developer.
12. Any development shall implement specific improvements at all intersections (signalized or unsignalized) that are abutting or adjacent to the site, as recommended by the Traffic Operations Assessment, Malden Central Business District Malden, Massachusetts (dated July 11, 2011), in addition to any other improvements at those or any other intersection(s) impacted by the development, as recommended by the City pursuant to its peer review of the traffic impact study for the development; all design and installation costs at the expense of the developer.
13. Developer shall contribute a one-time payment of $2,000 per dwelling unit issuance of an occupancy permit to the City of Malden Expendable Trust Fund, to be used at the City’s discretion to mitigate future impacts of the development and/or for infrastructure improvements.
14. Shadow: The project proponent shall demonstrate that the proposed structure will create no significant new adverse shadow impact for any residential properties of two units or fewer in Residence A and B Zoning Districts. To insure the protection of solar access, the developer must provide shadow analysis, drawn by a registered architect, for 9:00 AM, 12:00 noon, and 3:00 PM based on Standard Time, for the winter solstice (December 21), Spring and Fall equinoxes (March 21 and September 21) and summer solstice (June 21).
15. The project proponent shall demonstrate that water, sewer and drainage systems will be adequate following project development and that adequate provisions have been made for solid waste removal and recycling. The applicant shall provide studies, performed by a registered professional engineer, showing the impact the proposed development will have on existing water, sewer and drainage systems. For any proposal, a sewer shall be deemed "adequate" if its capacity is sufficient to accept discharge equivalent to the maximum discharge per dwelling unit, as set forth in the Department of Environmental Protection standards; a drainage system shall be deemed "adequate" if its capacity is sufficient to accept post-development runoff resulting from a 10 year storm; a water system shall be deemed "adequate" if development will result in no reduction to existing pressure and volume.
16. Balconies: All balconies are prohibited, except for “false” balconies, a.k.a., “French”, balconies, which do not provide a platform projecting from the building and which are not large enough to stand, walk or sit on, nor to provide any storage, display or patio space.
17. Antennas: All antennas on the rooftop and any part of the exterior of the building are prohibited, except for emergency City antennas.
18. Rooftop equipment: All utilities and associated equipment i.e. HVAC on the rooftop shall be screened.
19. Signs: All signs on the facade of any building are subject to Sign Design Review, as provided by the Ordinances.
20. Period Lighting: The developer and/or owner shall purchase and install period lighting per the City’s specifications on all sidewalks around the perimeter of the development.
21. Sidewalks: The developer and/or owner shall install, repair or replace sidewalks, driveways and perform all necessary incidental work adjacent to the development property, to the satisfaction of the City’s DPW Director.
22. Multiple buildings: Notwithstanding MCC 12.28.010 Paragraph G of this Ordinance, provided that the parcel(s) comprising the development have a minimum total area of two (2) acres, an RIO or RIO-B development shall be allowed to be composed of two (2) or more principal buildings.
23. All RIO and RIO-B developments are subject to site plan review and the site plan review provisions of this Ordinance, as described in MCC 12.12.140.

1. Purpose and Intent: To ensure that the design and layout of new development will not be detrimental to surrounding land uses. The intent of the Site Plan Review process is to regulate rather than prohibit uses through reasonable conditions which may be recommended by the Site Plan Review Committee (SPRC) concerning the location of buildings, signs, open space, landscaping, parking areas, access and egress, drainage, sewage, water supply and fire safety and similar site plan related issues. The Site Plan Review is an administrative review and shall not be construed as a special permit for review or appeal purposes.
2. Applicability: A Site Plan Review is required for all developments using the Residential Incentive Overlay (RIO) or Residential Incentive Overlay B (RIO-B).
3. Relationship to the Building Permit and Occupancy Permit: The Building Inspector shall not issue a building permit unless and until a Site Plan Review has been completed, and a letter with site plan conditions, if any, has been forwarded to the Building Inspector by the SPRC within the time frame noted in Paragraph G. If the site plan review letter contains specific conditions, said conditions shall become conditions for the issuance of the building permit, among others, that the Building Inspector may require.
   
   Further, the Building Inspector shall not issue a final occupancy permit unless and until all site plan conditions as required by the SPRC have been implemented by the developer.
4. Site Plan Submission Criteria: The applicant shall submit 12 copies of a site plan proposal drawn at a scale not to exceed one-inch equals 20 feet (1"=20'). The Site Plan Review materials shall be submitted to the Malden Planning Department; said office shall forward all materials to the Site Plan Review Committee. A registered Professional Surveyor or registered Professional Engineer must stamp the submitted site plan. Specifically, the water, sewer, and drainage portions of the submitted site plan must be stamped by a Registered Engineer. At a minimum, the submittal materials shall include the following items as applicable:
   1. a cover letter generally describing the nature and location of the project;
   2. parcel lot lines for the proposed project and abutting parcels; and all easements boundaries, if any;
   3. heights and use of all buildings abutting the proposed project, including a building or buildings directly across from the proposed project but separated by a public or private right of way;
   4. proposed parking plan including location of access and egress; location of snow storage areas;
   5. estimated average daily traffic and peak hour traffic to be generated by the proposal. Further, a traffic impact plan indicating impacts, if any, to surrounding intersections servicing the project site if the proposed project generates more than 200 additional vehicular trips during the peak am and pm hours;
   6. location of existing and proposed buildings and public/private ways on the project site;
   7. rendering of all facades of proposed buildings;
   8. foundation lines of the proposed buildings, gross floor area and building height;
   9. location of solid waste containers, if any;
   10. existing and proposed topography, including locations of culverts, and water bodies, if any;
   11. areas subject to a 100-year flood, if any;
   12. provisions for safe and adequate drainage and sewage; and the location, capacity and projected uses of all utilities;
   13. proposed landscaping, including all screening and buffering of adjacent residential areas; if necessary;
   14. location of open space, if required;
   15. location of all historic structures registered on a local, state, or federal list, or similar features on site; including an indication of their protective status, if any;
   16. fencing, walls, and existing and proposed lighting;
   17. location, material, and size of all signs.
   Any applicant for a development in the RIO or RIO-B district shall submit a Community Impact Statement that contains the information itemized in Chapter 8, Section 12.3 of the Malden Master Plan (2010).
5. Site Plan Review Criteria: The SPRC shall at a minimum review all site plans for the following:
   1. consistency with the general design and character of Malden Center.
   2. consistency with sign, design and landscaping guidelines, as applicable, and approved by the City of Malden and its agencies for Malden Center.
   3. protection of adjoining premises against detrimental impacts of surface water drainage, sound, and excess lighting.
   4. convenience and safety of vehicular and pedestrian movement within the site, to and from the site, and the location of driveway openings in relation to traffic and/or adjacent streets.
   5. adequacy and arraignment of parking and loading spaces, and the ability of the site plan to accommodate parking in areas other than the front of the building.
   6. compliance with all handicapped access regulations.
6. Site Plan Review Committee: Composition and Operation. The Site Plan Review Committee (SPRC) shall be comprised of 7 members i.e. the Mayor or Mayor's designee, the President of the City Council or designee, the Ward Councillor representing Malden Center or designee, the Director or designee of the Office of Strategic Planning & Community Development, the Chairman of the Planning Board or designee, the Planning Director or the City Planner and the Chairman of the Traffic Commission or his designee. The department head or designee from the following city departments or agencies shall provide written recommendations to the SPRC a minimum of seven (7) days prior to a public project review meeting: the Building Department, Public Works, Fire and Handicapped Access, Police, Board of Health/Public Health, Engineering and Conservation Commission. The City Council President or his designee shall serve as the Chairman of the SPRC.
   
   The SPRC may request assistance of architects and engineers and other professionals during its deliberations and request that the applicant assist in paying for review costs consistent with Mass. Gen. Laws ch 44 § 53. However, only SPRC members may be party to any vote or agreement. A majority of those present shall be required to approve any and all site plan review conditions applied to a development under review. A quorum for conducting business shall be seven members.
7. Review Schedule: The SPRC shall hold a public project review meeting with the applicant no later than 45 days after submitting the proposed site plan to the City Planner. The SPRC shall hold as many meetings as necessary within a 65-day review period to review the proposal. However, within 65 days of the submission of the plan to the City Planner the SPRC shall provide recommendations in writing to the Building Inspector. If no action is taken within 65 days, the application shall be deemed approved as submitted and the applicant may apply for a building permit without a Site Plan Review letter. Notice of the public project review meeting shall be given in accordance with the provisions of this Ordinance. The public shall be given the opportunity to be heard at the public project review meeting.
8. Appeals: Applicants for a Site Plan Review may appeal any and all conditions approved by the SPRC to the Malden Board of Appeals. However, in no instance shall this administrative site plan approval process be construed as a special permit for the purpose of any appeal.
9. A Site Plan Review approval will expire on the date that is one year from date of notice to the Building Inspector unless a building permit has been issued or unless otherwise specified by the Site Plan Review Committee.

Drive-thru, accessory to a principal restaurant, general office, convenience store, or supermarket use, may be allowed in a Central Business (BC), Highway Business (BH) or Industrial (I1 or I2) district, only by special permit granted by the Planning Board in conformance with the following requirements:

1. For construction of new buildings, compliance with the dimensional controls and parking requirements of this Ordinance for the principal use to which the drive-thru is accessory and compliance with the parking requirements for drive-thrus. A variance shall be required to grant relief from any noncompliance with dimensional controls and parking requirements of this Ordinance.
2. For the addition of a drive-thru to a building or for alteration, conversion or other change to a drive-thru use, which was lawfully existing or begun prior to the first publication of notice of the public hearing on this amendment, the Planning Board must find that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood; and if the Planning Board makes the finding that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood, then any new or increased violations of dimensional controls or parking requirements may be allowed by special permit and shall not require a variance.
3. Submission of a traffic impact study prepared by a person or firm who is a member of the Institute of Transportation Engineers (ITE) and has documented experience and qualifications in traffic planning and traffic engineering. Meeting with the planning Staff prior to beginning the study is required. The traffic impact study must demonstrate, at a minimum:
   1. convenience and safety of vehicular and pedestrian movement within the site, to and from the site, and the convenient and safe location of driveway openings in relation to traffic on-site and offsite and adjacent streets;
   2. adequacy, maneuverability and arrangement of parking and loading spaces;
   3. safety and maneuverability of drive-thru lane(s).
4. The Planning Board must find that the traffic generated by the drive-thru will not adversely impact any of the surrounding streets or create a traffic or safety hazard.
5. There must be adequate protection against the creation and spread of litter and debris.
6. There must be adequate landscaping and screening with regard to abutting properties.
7. There must be adequate protection of adjacent premises against detrimental impacts of sound and lighting.
8. The Planning Board must find that the drive-thru is in the interest of the common good.

Gasoline Filling & Service Stations may be allowed in a Neighborhood Business (BN), Highway Business (BH) or Industrial (I1 or I2) district, only by special permit granted by the Planning Board in conformance with the following requirements:

1. For construction of new buildings, compliance with the dimensional controls and parking requirements of this Ordinance. A variance shall be required to grant relief from any noncompliance with dimensional controls and parking requirements of this Ordinance.
2. For addition of a gasoline filling and service station to an existing building, or, for alteration, conversion or other change to a gasoline filling and service station lawfully existing or begun prior to the first publication of notice of the public hearing on this amendment, the Planning Board must find that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood; and if the Planning Board makes the finding that any creation or increase in violations of dimensional controls or parking requirements will not be more detrimental to the neighborhood, then any new or increased violations of dimensional controls or parking requirements may be allowed by special permit and shall not require a variance.
3. Submission of a traffic impact study prepared by a person or firm who is a member of the Institute of Transportation Engineers (ITE) and has documented experience and qualifications in traffic planning and traffic engineering. Meeting with Planning Staff to determine the scope of the study prior to beginning the study is required.
4. The Planning Board must find that the traffic and traffic patterns generated by the gasoline filling and service station will not adversely impact any of the surrounding streets or create a traffic or safety hazard.
5. The Planning Board must find that the gasoline filling and service station is in the interest of the common good.

Adult Bookstore, Adult Club or Adult Motion Picture Theater may be allowed in Industrial (I) Districts only by special permit granted by the Planning Board in conformance with the following controls:

1. No adult bookstore, adult club or adult motion picture theater shall be located less than 600 feet from the property boundary lines of any lots in residential use.
2. No adult bookstore, adult club motion picture theater shall be located less than 1,000 feet from the property boundary lines of any lots in religious facility use.
3. No adult bookstore, adult club or adult motion picture theater shall be located less than 1,000 feet from the property boundary lines of any lots in public or non-profit school uses
4. No adult bookstore, adult club or adult motion picture theater shall be located less than 1,000 feet from any other book store, adult club or adult motion picture theater.
5. No adult bookstore or adult motion picture theater shall be located less than 500 feet from the property boundary lines of any establishment licensed under the provisions of Mass. Gen. Laws ch 138 § 12. No adult club, whether or not licensed under the provisions of Mass. Gen. Laws ch 138 § 12, shall be located less than 1000 feet from the property line of any establishment licensed under the provisions of Mass. Gen. Laws ch 138 § 12.
6. No pictures, publications, videotape covers, or other implements, items, or advertising that fall within the definition of adult bookstore merchandise shall be displayed in store windows or visible from areas used by the general public.
7. Compliance with all applicable dimensional control and off-street parking regulations.
8. The Planning Board must find that the traffic and traffic patterns generated by the proposed use will not adversely impact any of the surrounding streets or create a traffic or safety hazard. For purposes of determining traffic impact, the Planning Board may request an independent analysis of traffic data submitted by the petitioner, the cost of which will be borne by the petitioner.
9. The Planning Board must find that the proposed use will not be more detrimental to the neighborhood.
10. The Planning Board must find that the proposed use is not in conflict with surrounding land uses.
11. The Planning Board must find that the proposed use is in the interest of the common good.

Dwelling, Two Family in Residence A Zoning District may be allowed by use variance granted by the Board of Appeal in conformance with the following requirements:

1. The Board must find that the subject property has a lot area of no less than 13,000 square feet, conforms with the frontage requirements contained in 400.1.2.2 and that there is no variance of this lot area or frontage requirements;
2. The Board must find that the subject property contains no fewer than 7 parking spaces and that there is no variance of this requirement;
3. The Board must find that owing to circumstances relating to soil conditions, shape or topography specially affecting the subject land or structures but not he zoning district in general, a literal enforcement of the provisions of this ordinance would involve substantial hardship, financial or otherwise, to the petitioner, and that the desired relief may be granted without detriment to the public good.

A Marijuana Establishment, as defined by this Ordinance to expressly only include Marijuana Retailer, Marijuana Cultivator, Independent Marijuana Testing Laboratory, Marijuana Product Manufacturer, Marijuana Research Facility and Marijuana Transporter, may be allowed only in the Highway Business, Industrial 1 and Industrial 2 zoning districts or the Marijuana Establishment Overlay District, only by special permit granted by the City Council and only in conformance with the following controls and requirements:

1. For construction of new buildings, compliance with the dimensional controls, parking requirements, and buffer zones of this Ordinance. A variance shall be required to grant relief from any noncompliance with dimensional controls, parking requirements, and buffer zones of this Ordinance.
2. For Marijuana Establishment use of a building lawfully existing or begun prior to the first publication of notice of the public hearing on this Ordinance, or alteration, conversion or other change to a Marijuana Establishment use lawfully existing or begun prior to the first publication of notice of the public hearing on any amendment to this Ordinance, the City Council must find that any creation or increase in violations of dimensional controls and/or parking requirements will not be more detrimental to the neighborhood; and if the City Council makes the finding that any creation or increase in violations of dimensional controls and/or parking requirements will not be more detrimental to the neighborhood, then any new or increased violations of dimensional controls and parking requirements may be allowed by the special permit granted by the City Council and shall not require a variance.
3. A Marijuana Establishment shall be located in a permanent building and not within a mobile facility or movable structure.
4. A Marijuana Establishment shall not be located inside a building containing residential units, including transient housing such as hotels, motels, dormitories.
5. A Marijuana Establishment must be the principal use of the property and may be accessory only to another type of Marijuana Establishment at the same property and shall be prohibited as an accessory use to any other use.
6. The location of a Marijuana Establishment shall comply with the following buffer zones:
   1. The location of a Marijuana Establishment shall comply with the following buffer zones, all distances as measured from the closest property line of the proposed Marijuana Establishment to the closest property line of a property that, as of the date of filing of the petition for a special permit for the Marijuana Establishment, is lawfully used for the following. No Marijuana Establishment shall be located within:
      1. 75 feet of a Substance Abuse Treatment Center, as defined by this Ordinance;
      2. 500 feet of a public or private school providing education in kindergarten, or Grades 1- 12;
      3. 75 feet of any residential use;
      4. 250 feet of any park playground, recreational field or recreational facility, and including, but not limited to: the Malden Teen Enrichment Center, the YMCA and the YWCA;
      5. 75 feet of any religious facility; and
      6. 75 feet of any daycare licensed by the Commonwealth of Massachusetts; Except for a Marijuana Establishment located at property in the Marijuana Establishment Overlay zoning district, which shall not be subject to a buffer zone from any residential use, however, shall comply with all other buffer zones specified herein this Ordinance.
   2. The City of Malden Building Commissioner shall determine whether a proposed location is compliant with the buffer zones specified herein this Ordinance.
7. Required findings: For a special permit to be granted, the City Council must find:
   1. The proposal will not be more detrimental to the neighborhood.
   2. The proposal is not in conflict with surrounding land uses.
   3. The proposal is in the interest of the common good.
   4. The traffic and traffic patterns generated by the proposal will not adversely impact any of the surrounding streets or create a traffic or safety hazard. For purposes of determining traffic impact, the City Council employ and outside consultant, in accordance with Mass. Gen. Laws ch 44 § 53G, to perform an independent peer review analysis of traffic data submitted by the petitioner, the cost of which will be borne by the petitioner.
   5. The proposal will not generate any noise, odor, fumes, vibration, heat or other conditions that may be noxious or cause a nuisance to the community, a danger to public health, or impair public comfort and convenience.
   6. The proposal is not detrimental to the health, safety or welfare of the neighborhood or the city.
8. Conditions to Special Permit: The City Council may impose any conditions it deems reasonable to regulate the use of a property for a Marijuana Establishment; and in addition and in all cases, any special permit granted hereunder shall be subject to the following conditions:
   1. The special permit is non-transferable and non-assignable.
   2. The Marijuana Establishment shall design and implement a Security Plan approved by the Malden Police Chief and Malden Cannabis Licensing and Enforcement Commission.
   3. Consumption of Marijuana and/or Marijuana Products is prohibited at or within 500 feet of a Marijuana Establishment.
   4. Smoking or burning of Marijuana and/or Marijuana Products is prohibited on the premises of a Marijuana Establishment.
   5. Marijuana in any form, including plants, and Marijuana Products shall not be visible from outside of the building in which the Marijuana Establishment is located.
   6. Any outside storage of any kind is prohibited.
   7. Any outside display of any kind is prohibited.
   8. The Marijuana Establishment shall incorporate odor control technology and provisions, and ensure that emissions do not violate Mass. Gen. Laws ch 111 § 31C, including but not limited to those specified for odors.
   9. Prior to issuance of any final occupancy permit pursuant to a special permit granted hereunder, the Marijuana Establishment shall submit copies of the following licenses and approvals:
      
      1. A fully executed Community Host Agreement with the City of Malden, as defined herein this Ordinance;
      2. Any required license and/or approvals issued by the Malden Cannabis Licensing and Enforcement Commission; and
      3. Any required license and/or approvals issued by the Malden Board of Health.
   10. The expiration, termination or revocation for any reason of any licenses and approvals as required by this Ordinance and described herein above shall be grounds for the immediate revocation of a building permit and/or occupancy permit.
9. Filing Requirements:
   1. Site plan: (15 copies- 3 to scale size+ 12 reduced/11"x17" size): to scale; dated; prepared, signed and stamped by a Registered or Professional Engineer or Surveyor; depicting lot boundaries and lot area, frontage and classification of street (public/private, width), footprint, lot coverage (SF), setbacks of existing & proposed building(s)/structure(s), parking layout (spaces, driveways, aisles), landscaping, screening, open space, snow storage and outside dumpster/trash storage.
   2. Floor plan (15 copies- 3 to scale size+ 12 reduced/11"x17" size): to scale; dated; prepared, signed and stamped by a Registered Architect; depicting entire building with total gross floor area, all separately occupied spaces with gross floor areas, subject premises with gross floor area, entrances/exits, windows, fixtures and interior walls.
   3. Building Elevations and/or Pictorial Renderings (15 copies- 11"x17" size): to scale; dated; prepared by a Registered or Licensed Professional; depicting fa ade and views of building(s) and structure(s) on lot from all directions.
   4. Written evidence of applicant's right to use the property for a Marijuana Establishment, such as a deed, lease, purchase and sale agreement or other legally binding document.
   5. No more than 60 days prior to filing a petition for a special permit, a proposed Marijuana Establishment shall coordinate and host with the Ward City Councilor for the Ward where the subject property is located a Community Outreach Meeting to present the proposal to the community, and notice of this meeting shall be in accordance with the notice provisions of this Ordinance.
      
   6. A non-refundable special permit application fee of $750.00.

Malden River Site Plan Review New Section 12.12.200 A. Purpose and Intent: To ensure that the design and layout of new development and redevelopment will protect and conserve the Malden River and expand public access and use. The intent of the Site Plan Review process is to regulate rather than prohibit use of properties that abut the Malden River through reasonable conditions which may be recommended by the Site Plan Review Committee (SPRC). Site Plan Review is an administrative review and shall not be construed as a special permit for review or appeal purposes. As used herein this Ordinance, the Malden River is defined to be the Malden River and Little Creek, as referenced by the USGS Topographic map, where day lighted. B. Applicability: A Site Plan Review is required for any work requiring a permit of a value that amounts to 5% or more of the City assessed value of the building, excluding upgrades that comply with the Massachusetts Energy Code, or any reuse of an existing building on property that abuts the Malden River wherever day lighted at the time application is made under this Ordinance, in accordance with the provisions below. Any permit for any work issued prior to the date of first publication of the notice of public hearing on this Ordinance shall be exempt from the provisions of this Ordinance. Prior to applying for Site Plan Review, applicant shall obtain any necessary zoning relief and approvals of the Historical Commission and Conservation Commission. C. Relationship to the Building Permit and Occupancy Permit: The Building Inspector shall not issue a building permit unless and until a Site Plan Review has been completed, and a letter with site plan conditions, if any, has been forwarded to the Building Inspector by the SPRC within the time frame noted in Paragraph F. If the site plan review letter contains specific conditions, said conditions shall become conditions for the issuance of the building permit, among others, that the Building Inspector may require. Further, the Building Inspector shall not issue a final occupancy permit unless and until all site plan conditions as required by the SPRC have been implemented by the developer. D. Site Plan Submission Criteria: The applicant shall submit 10 copies of a site plan proposal drawn at a scale not to exceed one-inch equals 20 feet (1"=20'). The Site Plan Review materials shall be submitted to the City Planner; said office shall forward all materials to the Site Plan Review Committee. A registered Professional Surveyor or registered Professional Engineer must stamp the submitted site plan. At a minimum, the submittal materials shall include the following items as applicable: 1. a cover letter generally describing the nature and location of the project; 2. parcel lot lines for the proposed project and abutting parcels; and all easements boundaries, if any; 3. proposed parking plan including location of access and egress; location of snow storage areas; 4. location of existing and proposed buildings and public/private ways on the project site; 5. location of solid waste containers, if any; 6. location of Malden River and existing and proposed topography, including locations of culverts, and water bodies, if any; 7. proposed landscaping; 8. location of open space; 9. fencing, walls, and existing and proposed lighting; 10. location, material, and size of all signs. 11. All required improvements specified in Section J herein below. E. Site Plan Review Committee: 1. Composition. The Site Plan Review Committee (SPRC) shall be comprised of 7 members: • the Mayor or Mayor's designee; • the President of the City Council or designee; • the Ward Councillor representing the property or designee; • the Executive Director or designee of the Office of Strategic Planning & Economic Development; • the Chair of the City Council Waterfront Access Committee or designee; • Two residents appointed by the Mayor and confirmed by the City Council. The City Council President or his designee shall serve as the Chairman of the SPRC. 2. Operation. The department head or designee from the following city departments or agencies may provide written recommendations to the SPRC a minimum of seven (7) days prior to a public project review meeting: Inspectional Services, Public Works, Fire Department, Police, Board of Health, Conservation Commission, City Engineer and City Planner. The SPRC may request assistance of architects and engineers and other professionals during its deliberations and require that the applicant assist in paying for review costs consistent with Mass. Gen. Laws, Chapter §53G. Only SPRC members may be party to any vote or agreement. A majority of those present shall be required to approve any and all site plan review conditions applied to a development under review. A quorum for conducting business shall be 100% of the members. F. Review Schedule: The SPRC shall hold a public project review meeting with the applicant no later than 45 days after submitting the proposed site plan to the City Planner. The SPRC shall hold as many meetings as necessary within a 65-day review period to review the proposal. However, within 65 days of the submission of the plan to the City Planner the SPRC shall provide recommendations in writing to the Building Inspector. If no action is taken within 65 days, the application shall be deemed approved as submitted and the applicant may apply for a building permit without a Site Plan Review letter. G. Notice: Notice of the public project review meeting shall be given in accordance with the provisions of this Ordinance. The public shall be given the opportunity to be heard at the public project review meeting. H. Appeals: Applicants for a Site Plan Review may appeal any and all conditions approved by the SPRC to the Malden Board of Appeal. However, in no instance shall this administrative site plan approval process be construed as a special permit for the purpose of any appeal. I. Expiration: A Site Plan Review approval will expire on the date that is one year from date of notice of Site Plan Approval to the Building Inspector unless a building permit has been issued or unless otherwise specified by the Site Plan Review Committee. J. Site Plan Review Criteria: The SPRC shall review all site plans, at a minimum, for conformance with the following required improvements: .1 Public Pedestrian Access. Install and maintain public pedestrian access to the Malden River that complies with the following: a) Continuous pedestrian connections must be provided between all major points of pedestrian activity on the property, including, but not limited to, connections to the Malden River waterfront pathway, connections to all public and private ways abutting the property. b) Must have two points of access – no dead ends c) Waterfront public access areas shall be accessible to persons with physical disabilities in accordance with the Architectural Access Board d) Signage: i. All waterfront public access areas shall contain an entry sign mounted on a permanent structure. Such sign shall be located within five feet of the boundary of the entrance from a street, public park or other public way. ii. Must include “Hours of operation: Dawn to dusk,” and “Open to Public.” .2 Riverfront Walkway. Install and maintain pedestrian walkway adjacent to the Malden River that has a minimum width of ten (10) feet, and complies with the following: a) Surfacing: All surfacing material for a required circulation path shall be permanent, durable, and accessible to persons with physical disabilities. b) Maintenance: The property owner shall be responsible for the completion and maintenance of all required waterfront public access areas on the property. .3 Buffer Area. Install and maintain landscaped buffer area adjacent to river that complies with the following: a) Planted with native, non- invasive species, and rehabilitated to remove invasive species, with the exception of any invasive trees greater than a 4” caliper, measured by diameter breast height; and any invasive removal strategy shall include a sapling replanting strategy. b) Public access areas abutting the Malden River must be designed to reduce the level of storm water runoff into the river and with special attention to the provision of wildlife habitat. c) Trees: A minimum of one canopy tree shall be provided for every 30 feet of riverfront public pathway and supplemental public access area. d) The most current versions of the following shall be used as guidelines to determine invasiveness of species to be planted and removed: U.S. Fish and Wildlife Service’ National List of Plant Species that Occur in Wetlands: Massachusetts (Reed, 1988); and The Evaluation of Non-Native Plan Species for Invasiveness in Massachusetts (April 2005) by Massachusetts Invasive Plant Advisory Group. e) Maintenance: The property owner shall be responsible for the completion and maintenance of the landscaping of the required buffer area. .4 Set Backs. Any new construction not required by the Malden River Site Plan Review Ordinance shall be set back a minimum of 100 feet from the Malden River; provided, however, that the Site Plan Review Committee may allow Water Dependent uses, as defined by M.G.L. Chapter 91, within the set back. .5 Parking. No surface parking is permitted within 75 feet of the Malden River. Any required parking that is removed pursuant to this provision does not need to be replaced on-site and a Traffic Demand Management Plan is required. The greater of two parking spaces or 5% of existing parking on-site shall be designated for Malden River Users, unless this puts property in violation of the zoning ordinance.

A. Purpose In accordance with the findings and goals of the Malden Housing Needs Assessment of 2019, Inclusionary Zoning Feasibility Study of 2021, Affordable Housing Trust Fund Action Plan of 2021, and the Malden Master Plan of 2010, the purpose of this Section is to promote the development of permanent Affordable Housing in order to improve housing stability for low- and moderate-income households, mitigate the impacts of new residential development on the availability and cost of housing, and maintain an economically integrated community by promoting diverse affordable housing opportunities throughout Malden.

B. Applicability 1. The inclusionary zoning provisions of this Section shall apply to all projects and developments in all zoning districts that result in: a. a net increase of eight (8) or more dwelling units, whether created, in whole or in part, through new construction in one or more buildings, and/or by alteration, extension, reconstruction, structural change or change of use of an existing building or buildings; b. a net increase of eight (8) or more dwelling lots created through any subdivision of land; and c. a net increase of eight (8) or more assisted living units in any nursing/convalescent home or other development. 2. Projects and developments shall not be segmented or phased in a manner to avoid compliance with the provisions of this Section. These provisions apply to the creation of units over a five-year period. 3. The provisions of this Section are intended to supplement other applicable provisions of the City’s zoning ordinance, Chapter 12 of the Revised Ordinances of 2020, as Amended, of the City of Malden (the Ordinance), and do not supersede any other provision of the Ordinance unless expressly provided herein. 4. All provisions of this Section are use regulations and there shall be no variance of any provision. C. Special Permit 1. Special Permit Required. An Inclusionary Development, as defined herein this Ordinance, shall require a special permit. 2. Special Permit Granting Authority. The special permit granting authority (SPGA) for an Inclusionary Development shall be the Planning Board; provided that, where a project includes Inclusionary Development and a special permit is also required under other provisions of this Ordinance, the SPGA for the Inclusionary Development shall the same SPGA as for the other special permit. 3. Required Findings. A special permit may be granted only if the SPGA finds the proposal complies with the requirements of this Section; and provided that the proposal complies with other applicable provisions of this Ordinance. D. Mandatory Provision of Affordable Housing Units. An Inclusionary Development shall provide a minimum of fifteen (15) percent of the total number of dwelling units as Affordable Housing Units, provided that, the total number used for this calculation shall exclude any units allowed under the Incentives provisions of this Section. E. Incentives. To facilitate the objectives of this Section, an Inclusionary Development shall comply with all applicable dimensional controls and parking requirements of the Ordinance, except for requirements regarding density and number of parking spaces and only as stated in the following incentive provisions: 1. Density Bonus. For every required Affordable Housing Unit in an Inclusionary Development, the developer may build one (1) additional dwelling unit in the development, regardless of the density requirement of the Ordinance for the additional unit or units. Except for the density requirement, all other dimensional controls of this Ordinance shall apply to an Inclusionary Development. 2. Parking Adjustment. For any Affordable Housing Units in an Inclusionary Development, the minimum number of on-site parking spaces shall be one (1) parking space per unit. F. Development Standards. An Inclusionary Development shall comply with the following Development Standards: 1. Ratio of Rental- to Owner-Occupied Affordable Housing Units. The ratio of rental- to owner-occupied Affordable Housing Units within the Inclusionary Development shall be the same as the ratio of rental- to owner-occupied market-rate units; 2. Mix of Affordable Housing Units. The bedroom mix of Affordable Housing Units within the Inclusionary Development shall be proportionally equal to the bedroom mix of market-rate units, i.e., studios, one-bedroom, two-bedroom, and/or three-bedroom units; 3. Siting of Affordable Housing Units. Affordable Housing Units shall be sited within the Inclusionary Development so as not to be in less desirable locations than market-rate units, shall be distributed evenly throughout the project, and shall be, on average, no less accessible to building features and public amenities, such as open space, parking, laundry facilities, access/egress, as market-rate units; 4. Design and Construction Standards. Affordable Housing Units within an Inclusionary Development shall be compatible in design, appearance, construction, and quality of materials with market-rate units. Interior features and mechanical systems of Affordable Housing Units shall conform to the same specifications as applicable to market-rate units; and 5. Timing of Construction. Affordable Housing Units within the Inclusionary Development shall be developed and completed coincident to the development and completion of market-rate units. G. Alternative Methods of Compliance. 1. Off-Site Location. It is intended that Affordable Housing Units be included on the project site of an Inclusionary Development, however, the SPGA may approve of the provision of Affordable Housing Units in an off-site location in order to meet the requirements of this Section, only in conformance with the following requirements: a. Affordable Housing Units shall comply with all requirements of this Section including all Development Standards; b. Affordable Housing Units shall be located in the same neighborhood as the Inclusionary Development; and c. The SPGA must find that the provision of off-site units is in the interest of the common good and does not conflict with the intent of this Section or any other provisions of this Ordinance. 2. In-Lieu Payment. A developer may make a one-time cash payment to the Affordable Housing Trust Fund of three hundred thousand dollars ($300,000) per required Affordable Housing Unit in lieu of providing the required Affordable Housing Units. This fee shall be adjusted for inflation annually based on the change in the Consumer Price Index for All Urban Consumers (CPI-U) Housing Index for the Boston-Cambridge-Newton, MA-NH area or any successor index. The City of Malden shall update and publish the adjusted fee-in-lieu annually beginning on July 1, 2022. 3. Fractional Units. Where the required number of Affordable Housing Units results in a fraction of a unit, the required number shall either be, rounded down to the nearest whole number and the difference shall be realized as a cash payment made to the Affordable Housing Trust Fund equal to the fractional unit multiplied by the current fee in lieu, or rounded up to the nearest whole number. 4. Conveyance of Land and/or Buildings. The conveyance of land and/or buildings in lieu of providing Affordable Housing Units shall not be accepted as an alternative form of compliance. H. Household Eligibility. An Inclusionary Development shall comply with the following regulations: 1. Rental. For Inclusionary Developments with rental Affordable Housing Units, all required Affordable Housing Units shall be reserved for households earning income up to fifty percent (50%) of the median income of the Boston-Cambridge-Quincy, MA-NH HUD Metro FMR Area published annually by the U.S. Department of Housing and Urban Development. Additional Affordable Housing Units beyond the required fifteen percent (15%) shall be reserved for households earning up to eighty percent (80%) of the median income of the Boston-Cambridge-Quincy, MA-NH HUD Metro FMR Area published annually by the U.S. Department of Housing and Urban Development. 2. Homeownership. For Inclusionary Developments with homeownership Affordable Housing Units, all required Affordable Housing Units shall be reserved for households earning income of fifty-one percent (51%) to eighty percent (80%) of the median income of the Boston-Cambridge-Quincy, MA-NH HUD Metro FMR Area published annually by the U.S. Department of Housing and Urban Development. Additional Affordable Housing Units beyond the required fifteen percent (15%) shall be reserved for households earning up to one hundred percent (100%) of the median income of the Boston-Cambridge-Quincy, MA-NH HUD Metro FMR Area published annually by the U.S. Department of Housing and Urban Development. 3. Local Preference. To the maximum extent permitted by law, including the regulations of the Department of Housing and Community Development or any successor agency, any special permit granted hereunder shall include a condition that a preference for Malden residents shall be included as part of the lottery and marketing plan for the Affordable Housing Units. I. Affordability. An Inclusionary Development shall comply with the following regulations: 1. Rental. For Affordable Housing Units, payment of housing and related costs (including utility costs for heat, electricity, water, and hot-water, and including access to all amenities that are typically offered to a tenant in the building, such as parking, access to an onsite gymnasium, and other such amenities) shall be set at a level not to exceed thirty percent (30%) of annual gross income for the renting household. 2. Homeownership. For homeownership Affordable Housing Units, the maximum sales price for initial purchase and subsequent sales shall be set at a level such that housing related costs (including utility costs for heat, electricity, water, and hot-water, mortgage payments, insurance, real estate taxes, and condominium fees) do not exceed thirty percent (30%) of the purchasing household’s annual gross income. 3. Preservation of Affordability. Affordable Housing Units required by and provided under the provisions of this ordinance shall remain affordable to the designated income group in perpetuity, or for as long as legally permissible. Sales prices, resale prices, initial rents, and rent increases for the Affordable Housing Units shall be restricted by legally permissible instruments such as, but not limited to, deed covenants or restrictions, contractual agreements, or land trust arrangements, to ensure long-term affordability and compliance with this Ordinance. 4. Right of First Refusal. The developer of an affordable homeownership unit developed as a result of this ordinance shall agree to execute a deed rider consistent with model riders prepared by Department of Housing and Community Development, granting, among other things, the Affordable Housing Trust Fund’s right of first refusal to purchase the property at the point of original sale or any subsequent resale in the event that a qualified purchaser cannot be located, or in the event of a foreclosure on the property. J. Administration. 1. Submission requirements. In addition to any other Submission Requirements of this Ordinance or the SPGA, an applicant for an Inclusionary Development shall submit the following with its application for a special permit: a. Narrative that describes compliance with the Development Standards of this Section. b. Narrative that identifies any proposed Alternative Methods of Compliance, including the reasons for the request and supporting documentation. c. Lottery Plan for Affordable Units that includes Local Preference required by this Section. d. Marketing Plan for Affordable Units that includes Local Preference required by this Section. e. Draft legal instruments that describe Preservation of Affordability required by this Section. 2. Outside Consultants. The SPGA may hire and employ an outside consultant to assist the SPGA in its review of the application, any study and supporting documentation submitted in conjunction with a petition for a special permit, including conducting a peer review and analysis of any study or documentation, and the fees for the employment of said consultant shall be reasonable and paid to the City by the petitioner or applicant in advance of the consultant services being performed, and in accordance with M.G.L. c. 44, Section 53G. 3. Occupancy Permit. Notwithstanding any other provisions of this Ordinance or local, state or federal law, no occupancy permit for an Inclusionary Development shall be issued, in whole or in part, until all Affordable Units are created and the legal instruments that ensure Preservation of Affordability are recorded. 4. The developer/owner of an Inclusionary Development shall provide the City with required information to submit the application to the DHCD for inclusion of the Affordable Housing Units on the City’s SHI before the issuance of the certificates of occupancy for the Affordable Housing Units. K. Relationship to SHI. The Affordable Housing Units shall qualify as local action units in compliance with the provisions of 760 CMR for inclusion on the Subsidized Housing Inventory (SHI) or any successor inventory. Failure to gain approval to maintain compliance with the criteria for inclusion on the SHI, or removal of an Affordable Housing Unit from the SHI for any reason, shall be deemed to be noncompliance with this Ordinance. L. Compliance and Monitoring. 1. Rental. Developers/owners of Inclusionary Developments with rental Affordable Housing Units shall be required to submit to the City of Malden an annual statement of rent level, rental income, verification of tenant income, and any other information necessary to confirm compliance with the requirements of this ordinance. 2. Homeownership. If the owner shall desire to sell, dispose of, or otherwise convey a homeownership Affordable Housing Unit, the owner shall notify the City of Malden prior to listing the property for-sale to ensure compliance with the requirements of this ordinance. 3. The City of Malden shall have the authority to develop standards and procedures appropriate to and consistent with the compliance and monitoring provisions of this Section. M. Needs Assessment Review. The City of Malden, in cooperation with the Affordable Housing Trust Fund, shall undertake a housing market assessment and financial feasibility analysis to determine the suitability and performance of the provisions of this ordinance for potential revision and improvement not less than every five (5) years from the date of enactment of this ordinance. Upon completing its assessment, the City of Malden shall recommend to the City Council any amendments to this ordinance deemed necessary to improve the means of providing Affordable Housing Units in the city.

1. MBTA Communities Multi-Family Overlay District (MCMOD)

1. Purpose and Intent.
   The purpose of the Massachusetts Bay Transportation Authority (MBTA) Communities Multi-Family Overlay District (MCMOD) is to allow Multi-family Housing as of right, as defined by this Ordinance and in accordance with Massachusetts General Laws Chapter 40A, Section 3A and the state Compliance Guidelines for Multi-Family Zoning Districts Under Section 3A of the Zoning Act as further revised or amended from time to time. The intent of this MCMOD is to accomplish the following objectives:
   1. To focus multifamily growth opportunities in downtown Malden, in immediate proximity to the Malden Center MBTA Station, and to minimize impacts to the neighborhoods, such as overcrowding, overuse, and parking. 
      
   2. To encourage multi-family housing within walking distance of public transit and specifically, Malden Center MBTA Station and Oak Grove MBTA Station, to promote general public health, reduce the number of vehicular miles travelled, lessen traffic congestion and parking issues, and support economic development.
      
   3. To ensure the longevity of core existing multifamily, elderly and affordable housing sites in the downtown, Oak Grove area, upper Broadway corridor and at Overlook Ridge.
      
   4. To maximize and incentivize the development of Affordable Housing.
2. Applicability.
   1. General. Property located within the MCMOD may be developed as of right for Multi-family Housing, only in accordance with the provisions of this Section.
      
   2. Establishment. The boundaries of the MCMOD are established and shown on the City Zoning Map and MCMOD - MMUD Boundary Map.
      
   3. Underlying Zoning. The MCMOD is an overlay district superimposed over underlying zoning districts. The use regulations, dimensional controls, parking requirements and all other provisions of the Zoning Ordinance governing the respective underlying zoning district(s) shall remain in full force, except for uses allowed as of right in the MCMOD. Uses that are not identified in this Section are governed by the requirements of the underlying zoning district(s).
      
   4. Subdistricts. The MCMOD contains the following MCMOD Subdistricts, which are areas within the MCMOD that are geographically smaller than the MCMOD district and differentiated from the rest of the district by use, dimensional and parking requirements; and which are shown on the MCMOD - MMUD Boundary Map:
      1. MCMOD-MC – Malden Center
         
      2. MCMOD-MCHR – Malden Center High Rise
         
      3. MCMOD-OG – Oak Grove
         
      4. MCMOD-MD 1 – Medium density
         
      5. MCMOD-MD 2 – Medium density
   5. Site Plan Review. All Multi-family Housing and Mixed-use Development in the MCMOD are subject to Site Plan Review, as provided by this Section.
      
3. Permitted Uses.
   Only the following uses are permitted within the MCMOD:
   1. Multi-family Housing is allowed in all MCMOD subdistricts.
      
   2. Mixed-use Development is allowed in all MCMOD subdistricts and shall be subject to the following:
      1. Only those non-residential uses allowed in the underlying zoning district are allowed and all non-residential uses shall be subject to the use regulations of the underlying zoning district.
         
      2. Allowed non-residential uses are only allowed on the ground floor.
         
4. Dimensional Requirements.
   Multi-family Housing in the MCMOD shall comply with the following dimensional requirements:
   

   MCMOD Subdistrict	Area (min. sf)	Front setback (ft)	Side setback (ft)	Both Sides setback (ft)	Rear setback (ft)	Min. Usable Open Space (sf lot area/unit)	Max. Building Coverage (%)	Density (min. sf lot area/unit)	Max. Height (stories)
   MCMOD-MC	5,000	0	0	0	0	250	50	525	7
   MCMOD-MCHR	5,000	0	0	0	0	250	50	235	10
   MCMOD-OG	4,000	30	20	40	20	250	50	725	3
   MCMOD-MD 1	18,750	30	20	40	20	250	40	1,200	4
   MCMOD-MD 2	18,750	30	20	40	20	250	40	1,760	4

   
   
5. Parking Requirements.
   1. Off-street parking shall be provided for Multi-family Housing in the MCMOD in accordance with the following schedule:
      

      MCMOD Subdistrict	Minimum number of off-street parking spaces per dwelling unit
      MCMOD-MC	1
      MCMOD-MCHR	1
      MCMOD-OG	1
      MCMOD-MD 1	2
      MCMOD-MD 2	2

      
      
   2. Required parking shall be provided for the use of the tenants and/or occupants of the property.
      
   3. Required parking shall be provided onsite either in surface parking or within garages or other structures.
      
   4. Shared Parking within a Mixed-Use Development. Parking requirements for a Mixed-use Development on a single site may be adjusted through the Site Plan Review process, if the developer can demonstrate that shared spaces will meet parking demands by using accepted methodologies
      
      

2. Mandatory Mixed-Use Overlay District (MMUD)

1. Purpose and Intent.
   The purpose of the Mandatory Mixed Use overlay district (MMUD) is to allow as of right Mixed-use Development in downtown Malden, as defined by this Ordinance and in accordance with Massachusetts General Laws Chapter 40A, Section 3A and the state Compliance Guidelines for Multi-Family Zoning Districts Under Section 3A of the Zoning Act as further revised or amended from time to time. The intent of this MMUD is to achieve the following objectives:
   1. Maintain the commercial tax base.
   2. Support existing established businesses.
   3. Preserve existing mixed-use sites.
   4. Incentivize development of underutilized sites.
2. Applicability.
   1. General. Property located within the MMUD may be developed for Multi-family Housing with non-residential use of the ground floor, in accordance with the provisions of this Section.
   2. Establishment. The boundaries of the MMUD are established and shown on the City Zoning Map and MCMOD-MMUD Boundary Map.
   3. Underlying Zoning. The MMUD is an overlay district superimposed on underlying zoning districts. The use regulations, dimensional controls, parking requirements and all other provisions of the Zoning Ordinance governing the respective underlying zoning district of a property shall remain in full force, except for uses allowed as of right in the MMUD. Uses that are not identified in this Section are governed by the requirements of the underlying zoning district(s).
   4. Site Plan Review. All Mixed-use Development in the MMUD is subject to Site Plan Review, as provided by this Section.
      
3. Permitted Uses.
   Only the following uses are permitted within the MMUD.
   1. Mixed-use Development, including required uses below:
      1. Multi-family Housing on all floors other than ground floor; and
      2. Non-residential use of the ground floor. Any of (or a combination of) the below uses shall be included in the Mixed-use Development on the ground floor use, in addition to Multi-family Housing on the upper floors:
         1. Institutional Use
            1. Day Care Center
         2. Business Use
            1. Medical Center
            2. Offices, General
            3. Recreation, Gainful Business
            4. Restaurant, All Other
            5. Retail Sales, less than 5,000 sq. feet gross floor area
            6. Retail Services
            7. Convenience Store
            8. Supermarket
         3. Industrial Use
            1. Light manufacturing
         4. Other Use
            1. Artist Live/Work Space
4. Dimensional Requirements.
   Mixed-use Development in the MMUD shall comply with the following dimensional requirements:
   

   Area (min sf)	Front setback (ft)	Side setback (ft)	Both Sides setback (ft)	Rear setback (ft)	Min. Usable Open Space (sf/dwelling unit)	Max. Building Coverage (%)	Density (min sf lot area/unit)	Max Height (stories)
   5,000	0	0	0	0	250	50	400	7

   
   
5. Parking Requirements.
   1. Multi-family Housing. One (1) offstreet parking space per dwelling unit shall be required for the Multi-family Housing component of a Mixed-use Development in the MMUD, and parking shall be permitted by use, either in surface parking or within garages or other structures onsite.
   2. Non-residential Use. No offstreet parking is required for the non-residential component of a Mixed-use Development in the MMUD.
   3. Shared Parking within a Mixed-Use Development. Parking requirements for a Mixed-use Development on a single site may be adjusted through the Site Plan Review process, if the developer can demonstrate that shared spaces will meet parking demands by using accepted methodologies.

3. Development Standards for MCMOD AND MMUD

1. These development standards are applicable to all Multi-family Housing and Mixed-use Development in the MCMOD and all Mixed-use Development in the MMUD. These development standards shall be considered to the Site Plan Review Criteria.
2. Site Design.
   1. Connections. Sidewalks shall provide a direct connection among building entrances, the public sidewalk (if applicable), bicycle storage, and parking.
      
   2. Vehicular access. Where feasible, curb cuts shall be minimized, and shared driveways encouraged.
      
   3. Open Space. Minimum usable open space required by this Section shall be provided onsite.
      
   4. Screening for Parking. Surface parking adjacent to a public sidewalk shall be screened by a landscaped buffer of sufficient width to allow the healthy establishment of trees, shrubs, and perennials, but no less than 6 (six) feet. The buffer may include a fence or wall of no more than three feet in height unless there is a significant grade change between the parking and the sidewalk.
      
   5. Parking Materials. The parking surface may be concrete, asphalt, decomposed granite, bricks, or pavers, including pervious materials but not including grass or soil not contained within a paver or other structure.
      
   6. Plantings. Plantings shall include species that are native or adapted to the region. Plants on the Massachusetts Prohibited Plant List, as may be amended, shall be prohibited.
      
   7. Lighting. Light levels shall meet or exceed the minimum design guidelines defined by the Illuminating Engineering Society of North America (IESNA) and shall provide illumination necessary for safety and convenience while preventing glare and overspill onto adjoining properties and reducing the amount of skyglow.
      
   8. Mechanicals. Mechanical equipment at ground level shall be screened visually by a combination of fencing and plantings and for noise reduction. Rooftop mechanical equipment shall be screened if visible from a public right-of-way and shall be screened for noise reduction.
      
   9. Dumpsters. Dumpsters shall be not be permitted in the front yard, shall not be located along property lines and shall be screened by a combination of fencing and plantings. Where possible, dumpsters or other trash and recycling collection points shall be located within the building.
      
   10. Stormwater management. Strategies that demonstrate compliance of the construction activities and the proposed project with the most current versions of the Massachusetts Department of Environmental Protection Stormwater Management Standards, the Massachusetts Stormwater Handbook, Massachusetts Erosion Sediment and Control Guidelines, and, if applicable, additional requirements under the Malden MS4 Permit for projects that disturb more than one acre and discharge to the City’s municipal stormwater system, and an Operations and Management Plan for both the construction activities and ongoing post-construction maintenance and reporting requirements.
3. Buildings: General
   
   1. Position relative to principal street. The primary building shall have its principal façade and entrance facing the principal street. See also this Section re: Buildings: Corner Lots.
      
   2. Entries. Where feasible, entries shall be clearly defined and linked to a paved pedestrian network that includes the public sidewalk.
      
4. Buildings: Multiple buildings on a lot.
   1. For a Mixed-Use Development, uses may be mixed within the buildings or in separate buildings.
      
   2. Parking and circulation on the site shall be organized so as to reduce the amount of impervious surface. Where possible, parking and loading areas shall be connected to minimize curb cuts onto public rights-of-way.
      
   3. A paved pedestrian network shall connect parking to the entries to all buildings and the buildings to each other.
      
   4. The orientation of multiple buildings on a lot should reinforce the relationships among the buildings. All building façade(s) shall be treated with the same care and attention in terms of entries, fenestration, and materials.
      
   5. The building(s) adjacent to the public street shall have a pedestrian entry facing the public street.
5. Buildings: Mixed-Use Development
   1. In a Mixed-Use Development building, access to and egress from the residential component shall be clearly differentiated from access to other uses. Such differentiation may occur by using separate entrances or egresses from the building or within a lobby space shared among different uses.
      
   2. Paved pedestrian access from the residential component shall be provided to residential parking and amenities and to the public sidewalk, as applicable.
      
   3. Materials for non-residential uses shall be stored inside or under cover and shall not be accessible to residents of the development.
      
   4. Parking and circulation on the site shall be organized so as to reduce the amount of impervious surface. Where possible, parking and loading areas shall be connected to minimize curb cuts onto public rights-of-way.
6. Buildings: Shared outdoor space
   
   1. Multi-family Housing and Mixed-use Development shall have common outdoor space that all residents can access.
      
   2. Shared outdoor space may be located in any combination of ground floor, courtyard, rooftop, or terrace.
      
   3. Shared outdoor space shall count towards the project’s minimum open space requirement.
7. Buildings: Corner lots.
   
   1. A building on a corner lot shall indicate a primary entrance either along one of the street-facing façades or on the primary corner as an entrance serving both streets.
      
   2. Such entries shall be connected by a paved surface to the public sidewalk, if applicable.
      
   3. All façades visible from a public right-of-way shall be treated with similar care and attention in terms of entries, fenestration, and materials.
      
   4. Fire exits serving more than one story shall not be located on either of the street-facing façades.
8. Buildings: Infill lots.
   1. If the adjacent buildings are set back at a distance that exceeds the minimum front yard requirements, infill buildings shall meet the Dimensional Standards of this Section. Otherwise, infill buildings may match the setback line of either adjacent building, or an average of the setback of the two buildings to provide consistency along the street.
9. Buildings: Principal Façade and Parking.
   1. Parking shall be subordinate in design and location to the principal building façade.
      
   2. Surface parking. Surface parking shall be located to the rear or side of the principal building. Parking shall not be located in the setback between the building and any lot line adjacent to the public right-of-way.
      
   3. Integrated garages. The principal pedestrian entry into the building shall be more prominent in design and placement than the vehicular entry into the garage.
      
   4. Parking structures. Building(s) dedicated to structured parking on the same lot as one or more multi-family buildings or mixed-use development shall be subordinate in design and placement to the multi-family or mixed-use building(s) on the lot.
      
      

4. Site Plan Review for MCMOD and MMUD

1. Applicability. Site Plan Review is required for all Multi-family Housing and Mixed-Use Development using the MCMOD and MMUD.
   
2. Relationship to the Building Permit and Occupancy Permit. The Building Inspector shall not issue a building permit unless and until a Site Plan Review has been completed, and a letter with site plan conditions, if any, has been forwarded to the Building Inspector by the SPRC within the time frame noted in this Section. If the site plan review letter contains specific conditions, said conditions shall become conditions for the issuance of the building permit, among others, that the Building Inspector may require. Further, the Building Inspector shall not issue a final occupancy permit unless and until all site plan conditions as required by the SPRC have been implemented by the developer.
3. Site Plan Submission Criteria: The applicant shall submit 10 reduced-size (11 x 17”) copies and one to-scale copy of a site plan proposal drawn at a scale not to exceed one-inch equals 20 feet (1"=20'). The Site Plan Review materials shall be submitted to the City Planner; said office shall forward all materials to the Site Plan Review Committee. A registered Professional Surveyor or registered Professional Engineer must stamp the submitted site plan. At a minimum, the submittal materials shall include the following items as applicable:
   
   1. a cover letter generally describing the nature and location of the project;
      
   2. parcel lot lines for the proposed project and abutting parcels; and all easements boundaries, if any;
      
   3. proposed parking plan including location of access and egress; location of snow storage areas;
      
   4. location of existing and proposed buildings and public/private ways on the project site;
      
   5. location of solid waste containers, if any;
      
   6. proposed landscaping;
      
   7. location and description of open space;
      
   8. fencing, walls, and existing and proposed lighting;
      
   9. location, material, and size of all signs.
      
   10. All required improvements specified in this Section under Development Standards.
       
   11. All Submission requirements for Inclusionary Development, as stated in this Section (Affordability Requirements.
4. Site Plan Review Committee for MCMOD and MMUD.
   1. Composition. The Site Plan Review Committee (SPRC) shall be comprised of the following seven (7) members:
      
      1. Mayor or Mayor's designee
         
      2. City Councilor-at-large, designated by President of the City Council, or designee
         
      3. Ward Councilor representing the property
         
      4. Director or designee of the Office of Strategic Planning & Economic Development
         
      5. Chairman of the Planning Board or designee
         
      6. City Planner or designee
         
      7. City Engineer or designee
         
         The City Councilor-at-Large shall serve as the Chairman of the SPRC.
   2. Operation.
      
      1. The following city departments or agencies may provide written recommendations to the SPRC a minimum of seven (7) days prior to a public project review meeting: Inspectional Services, Public Works, Fire Department, Police, Board of Health, Conservation Commission.
         
      2. The SPRC may request assistance of architects and engineers and other professionals during its deliberations and require that the applicant assist in paying for review costs consistent with Mass. Gen. Laws, Chapter 44, §53G.
         
      3. Only SPRC members may be party to any vote or agreement.
         
      4. A majority of those present shall be required to approve any and all site plan review conditions applied to a development under review.
         
      5. A quorum for conducting business shall be 100% of the members.
   3. Review Schedule: The SPRC shall hold a public project review meeting with the applicant no later than 45 days after submitting the proposed site plan to the City Planner. The SPRC shall hold as many meetings as necessary within a 65-day review period to review the proposal. However, within 65 days of the submission of the plan to the City Planner the SPRC shall provide recommendations in writing to the Building Inspector. If no action is taken within 65 days, the application shall be deemed approved as submitted and the applicant may apply for a building permit without a Site Plan Review letter.
   4. Notice: Notice of the public project review meeting shall be given in accordance with the provisions of this Ordinance. The public shall be given the opportunity to be heard at the public project review meeting.
   5. Appeals: Applicants for a Site Plan Review may appeal any and all conditions approved by the SPRC to the Malden Board of Appeal. However, in no instance shall this administrative site plan approval process be construed as a special permit for the purpose of any appeal.
   6. Expiration: A Site Plan Review approval will expire on the date that is one year from date of notice of Site Plan Approval to the Building Inspector unless a building permit has been issued or unless otherwise specified by the Site Plan Review Committee.
      

5. Affordability Requirement for MCMOD and MMUDPurpose.

1. In accordance with the findings and goals of the Malden Housing Needs Assessment of 2019, Inclusionary Zoning Feasibility Study of 2021, Affordable Housing Trust Fund Action Plan of 2021, and the Malden Master Plan of 2010, the purpose of this Section is to promote the development of permanent Affordable Housing in order to improve housing stability for low- and moderate-income households, mitigate the impacts of new residential development on the availability and cost of housing, and maintain an economically integrated community by promoting diverse affordable housing opportunities throughout Malden.
2. Applicability
   1. The inclusionary zoning provisions of this Section shall apply to all projects and developments in all zoning districts, including the MCMOD and MMUD, that result in:
      
      1. a net increase of eight (8) or more dwelling units, whether created, in whole or in part, through new construction in one or more buildings, and/or by alteration, extension, reconstruction, structural change or change of use of an existing building or buildings;
         
      2. a net increase of eight (8) or more dwelling lots created through any subdivision of land; and
         
      3. a net increase of eight (8) or more assisted living units in any nursing/convalescent home or other development.
   2. Projects and developments shall not be segmented or phased in a manner to avoid compliance with the provisions of this Section. These provisions apply to the creation of units over a five-year period.
   3. The provisions of this Section are intended to supplement other applicable provisions of the City’s zoning ordinance, Title 12 of the Code of City of Malden (the Ordinance), and do not supersede any other provision of the Ordinance unless expressly provided herein.
   4. All provisions of this Section are use regulations and there shall be no variance of any provision.
3. Mandatory Provision of Affordable Housing Units. An Inclusionary Development shall provide a minimum of fifteen (15) percent of the total number of dwelling units as Affordable Housing Units.
4. Development Standards. An Inclusionary Development shall comply with the following Development Standards:
   1. Ratio of Rental- to Owner-Occupied Affordable Housing Units. The ratio of rental- to owner-occupied Affordable Housing Units within the Inclusionary Development shall be the same as the ratio of rental- to owner-occupied market-rate units;
      
   2. Mix of Affordable Housing Units. The bedroom mix of Affordable Housing Units within the Inclusionary Development shall be proportionally equal to the bedroom mix of market-rate units, i.e., studios, one-bedroom, two-bedroom, and/or three-bedroom units;
      
   3. Siting of Affordable Housing Units. Affordable Housing Units shall be sited within the Inclusionary Development so as not to be in less desirable locations than market-rate units, shall be distributed evenly throughout the project, and shall be, on average, no less accessible to building features and public amenities, such as open space, parking, laundry facilities, access/egress, as market-rate units;
      
   4. Design and Construction Standards. Affordable Housing Units within an Inclusionary Development shall be compatible in design, appearance, construction, and quality of materials with market-rate units. Interior features and mechanical systems of Affordable Housing Units shall conform to the same specifications as applicable to market-rate units; and
      
   5. Timing of Construction. Affordable Housing Units within the Inclusionary Development shall be developed and completed coincident to the development and completion of market-rate units.
5. Alternative Methods of Compliance.
   1. In-Lieu Payment. A developer may make a one-time cash payment to the Affordable Housing Trust Fund of three hundred thousand dollars ($300,000) per required Affordable Housing Unit in lieu of providing the required Affordable Housing Units. This fee shall be adjusted for inflation annually based on the change in the Consumer Price Index for All Urban Consumers (CPI-U) Housing Index for the Boston-Cambridge-Newton, MA-NH area or any successor index. The City of Malden shall update and publish the adjusted fee-in-lieu annually beginning on July 1, 2022.
      
   2. Fractional Units. Where the required number of Affordable Housing Units results in a fraction of a unit, the required number shall either be, rounded down to the nearest whole number and the difference shall be realized as a cash payment made to the Affordable Housing Trust Fund equal to the fractional unit multiplied by the current fee in lieu, or rounded up to the nearest whole number.
      
   3. Conveyance of Land and/or Buildings. The conveyance of land and/or buildings in lieu of providing Affordable Housing Units shall not be accepted as an alternative form of compliance.
6. Household Eligibility. An Inclusionary Development shall comply with the following regulations:
   1. Rental. For Inclusionary Developments with rental Affordable Housing Units, all required Affordable Housing Units shall be reserved for households earning income up to fifty percent (50%) of the median income of the Boston-Cambridge-Quincy, MA-NH HUD Metro FMR Area published annually by the U.S. Department of Housing and Urban Development. Additional Affordable Housing Units beyond the required fifteen percent (15%) shall be reserved for households earning up to eighty percent (80%) of the median income of the Boston-Cambridge-Quincy, MA-NH HUD Metro FMR Area published annually by the U.S. Department of Housing and Urban Development.
   2. Homeownership. For Inclusionary Developments with homeownership Affordable Housing Units, all required Affordable Housing Units shall be reserved for households earning income of fifty-one percent (51%) to eighty percent (80%) of the median income of the Boston-Cambridge-Quincy, MA-NH HUD Metro FMR Area published annually by the U.S. Department of Housing and Urban Development. Additional Affordable Housing Units beyond the required fifteen percent (15%) shall be reserved for households earning up to one hundred percent (100%) of the median income of the Boston-Cambridge-Quincy, MA-NH HUD Metro FMR Area published annually by the U.S. Department of Housing and Urban Development.
   3. Local Preference. To the maximum extent permitted by law, including the regulations of the Department of Housing and Community Development or any successor agency, any special permit granted hereunder shall include a condition that a preference for Malden residents shall be included as part of the lottery and marketing plan for the Affordable Housing Units.
7. Affordability. An Inclusionary Development shall comply with the following regulations:
   1. Rental. For Affordable Housing Units, payment of housing and related costs (including utility costs for heat, electricity, water, and hot-water, and including access to all amenities that are typically offered to a tenant in the building, such as parking, access to an onsite gymnasium, and other such amenities) shall be set at a level not to exceed thirty percent (30%) of annual gross income for the renting household.
      
   2. Homeownership. For homeownership Affordable Housing Units, the maximum sales price for initial purchase and subsequent sales shall be set at a level such that housing related costs (including utility costs for heat, electricity, water, and hot-water, mortgage payments, insurance, real estate taxes, and condominium fees) do not exceed thirty percent (30%) of the purchasing household’s annual gross income.
      
   3. Preservation of Affordability. Affordable Housing Units required by and provided under the provisions of this ordinance shall remain affordable to the designated income group in perpetuity, or for as long as legally permissible. Sales prices, resale prices, initial rents, and rent increases for the Affordable Housing Units shall be restricted by legally permissible instruments such as, but not limited to, deed covenants or restrictions, contractual agreements, or land trust arrangements, to ensure long-term affordability and compliance with this Ordinance.
      
   4. Right of First Refusal. The developer of an affordable homeownership unit developed as a result of this ordinance shall agree to execute a deed rider consistent with model riders prepared by Department of Housing and Community Development, granting, among other things, the Affordable Housing Trust Fund’s right of first refusal to purchase the property at the point of original sale or any subsequent resale in the event that a qualified purchaser cannot be located, or in the event of a foreclosure on the property.
8. Administration.
   1. Submission Requirements. An Inclusionary Development shall submit the following with its application for Site Plan Review:
      
      1. Narrative that describes compliance with the Development Standards of this Section.
         
      2. Narrative that identifies any proposed Alternative Methods of Compliance, including the reasons for the request and supporting documentation.
         
      3. Lottery Plan for Affordable Units that includes Local Preference required by this Section.
         
      4. Marketing Plan for Affordable Units that includes Local Preference required by this Section.
         
      5. Draft legal instruments that describe Preservation of Affordability required by this Section.
   2. Outside Consultants. The SPRC may hire and employ an outside consultant to assist the SPRC in its review of the application, any study and supporting documentation submitted in conjunction with an application for Site Plan Review, including conducting a peer review and analysis of any study or documentation, and the fees for the employment of said consultant shall be reasonable and paid to the City by the petitioner or applicant in advance of the consultant services being performed, and in accordance with M.G.L. c. 44, Section 53G.
   3. Occupancy Permit. Notwithstanding any other provisions of this Ordinance or local, state or federal law, no occupancy permit for an Inclusionary Development shall be issued, in whole or in part, until all Affordable Units are created and the legal instruments that ensure Preservation of Affordability are recorded.
   4. The developer/owner of an Inclusionary Development shall provide the City with required information to submit the application to the DHCD for inclusion of the Affordable Housing Units on the City’s SHI before the issuance of the certificates of occupancy for the Affordable Housing Units.
9. Relationship to SHI. The Affordable Housing Units shall qualify as local action units in compliance with the provisions of 760 CMR for inclusion on the Subsidized Housing Inventory (SHI) or any successor inventory. Failure to gain approval to maintain compliance with the criteria for inclusion on the SHI, or removal of an Affordable Housing Unit from the SHI for any reason, shall be deemed to be noncompliance with this Ordinance.
10. Compliance and Monitoring.
    1. Rental. Developers/owners of Inclusionary Developments with rental Affordable Housing Units shall be required to submit to the City of Malden an annual statement of rent level, rental income, verification of tenant income, and any other information necessary to confirm compliance with the requirements of this ordinance.
    2. Homeownership. If the owner shall desire to sell, dispose of, or otherwise convey a homeownership Affordable Housing Unit, the owner shall notify the City of Malden prior to listing the property for-sale to ensure compliance with the requirements of this ordinance.
    3. The City of Malden shall have the authority to develop standards and procedures appropriate to and consistent with the compliance and monitoring provisions of this Section.
       
       
       

1. Purpose and Intent: To set forth a site plan review process for the City to undertake in instances when:
   1. the Building Commissioner determines a building permit application does not conform to the City of Malden Zoning Ordinance and;
   2. the applicant asserts that those zoning requirements unreasonably restrict the use of land or structures for religious or education purposes, or for a child care facility, as prohibited by M.G.L.c. 40A § 3. In making such determination, the Building Commissioner may consider regulations created by the Commonwealth of Massachusetts for specific purposes and facilities under M.G.L.c. 40A § 3.
2. Applicability: Site plan review pursuant to Section 12.12.500 shall be required for any new, altered, changed or substantially expanded religious or education use or childcare facility that does not conform to all applicable requirements of the Zoning Ordinance.
3. Relationship to the Building Permit and Occupancy Certificate: The Building Commissioner shall not issue a building permit unless and until a Site Plan Review has been completed, and the site plan review decision, beyond appeal, has been forwarded to Building Commissioner by the Site Plan Review Committee (SPRC). If the decision contains specific conditions, said conditions shall become conditions for the issuance of the building permit, among others, that the Building Commissioner may require. Further, the Building Commissioner shall not issue a final occupancy certificate unless and until all site plan conditions as required by the SPRC have been implemented by the developer.
4. Materials the Building Commissioner May Require: All applications for site plan review shall be in writing and shall provide the information identified in Title 4 of the Code of the City of Malden.
5. Site Plan Review Committee and Process:
   1. Site Plan Review Committee.
      1. Composition: The Site Plan Review Committee (SPRC) shall have the following three regular members and one associate:
         1. Building Commissioner (or designee)
         2. Director of Public Health (or designee)
         3. Director of Office of Strategic Planning & Community Development (OSPCD) or designee (designee shall be member of OSPCD staff) The Board of Appeals shall appoint one of its members as an associate member of the SPRC to serve as an alternate voting member.
      2. Quorum. Three members of the SPRC are required to consider an application.
      3. Voting by Simple Majority: A simple majority (2/3) is required to take any action.
   2. Public Hearing: The SPRC shall hold a public project review meeting with the applicant no later than 45 days after submission of the site plan to the Building Commissioner. Such meeting shall be in accordance with public hearing provisions of M.G.L. c. 40A, § 11 and the notice provisions of this ordinance. The SPRC shall hold as many meetings as necessary within a 65-day review period to review the proposal
   3. Scope of Review: Under this section, site plan review shall be limited to the following inquiry: Whether the applicant has established that compliance with regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements, including M.G.L. Chapter 91, would be unreasonable. In instances where the SPRC determines the applicant meets that standard, the SPRC shall determine which specific regulations to grant relief from and the extent of relief. The SPRC may impose conditions related to the relief granted necessary to ensure public health, safety and welfare.
   4. Decision: Within 65 days of the submission of the site plan to the Building Commissioner the SPRC shall provide recommendations in writing to the Building Commissioner. The SPRC may approve, approve with conditions, or deny an application for site plan approval; provided, however, that any denial of an application shall be predicated only upon applicant's failure to provide necessary information. In making its decision, the SPRC shall be guided exclusively by M.G.L. c. 40A, § 3. If no action is taken within 65 days, the application shall be deemed approved as submitted and the applicant may apply for a building permit without a Site Plan Review letter.
6. Appeal: Any appeal of the SPRC’s decision under this section shall be made pursuant to M. G.L. c. 40A, § 17.
7. Expiration: Any decision issued under this section shall lapse one year from the date of the decision unless a building permit or occupancy certificate has been issued or unless otherwise specified or extended by the SPRC in writing.
8. Severability: If any provision of this ordinance is deemed to be invalid because contrary to M.G.L. Chapter 40A Section 3, all other provisions will remain in full force and effect.