The lot has frontage abutting a public or private way or on a way shown on a plan previously approved under the Subdivision Control Law or on a way which existed when the Subdivision Control Law became effective and which, in the opinion of the Planning Board, has sufficient width, suitable grades and adequate construction to provide for vehicular traffic and for the installation of municipal services.

It is located so as to comply with the following requirements for height and yards.[1]

No building in any district need be located or placed further from the exterior line of any street or public way than the average distance from such street or way line of the dwellings or other principal buildings located on the lots adjacent thereto on either side. In determining such average, a vacant side lot having a frontage of 50 feet or more shall be considered as though occupied by a building having the required setback, and a lot separated from the lot in question only by a vacant lot having a frontage of less than 50 feet shall be deemed an adjacent lot.

The front, side and rear yard provisions hereof may be varied by the Board of Appeals in the specific case of an irregular, narrow or shallow lot or a lot unusual either in shape or topography, provided that in the opinion of the Board it is impossible or extremely difficult to adhere to such provisions.

Roofs, porches and other projections.

In all districts except within the flight path of commercial or governmental airports, farm buildings, churches, municipal or institutional buildings and spires, domes, steeples, radio towers, chimneys, broadcasting and television antennas, bulkheads, cooling towers, ventilators and other appurtenances usually carried above the roof may have any height.

Every building shall have frontage on a way, public or private, or a clear unobstructed passageway at least 20 feet wide for its entire length over the lot on which it is located to said way. If a building is located in the rear of another building located on the same lot, the open space between such buildings shall be at least 50% greater than the rear yard requirement for the district. The rear building shall be subject to side and rear yard requirements of the district in which it is located. For purposes of this Subsection F(7), separate buildings within a shopping mall or retail lot shall be treated as a single building.

In all districts in which multifamily dwellings are allowed, there shall be provided with each apartment building a landscaped area equal to the greatest single floor area of the building.

Land used for outdoor storage for commercial purposes shall be screened from streets abutting the property and for adjacent properties by a solid fence of sufficient height to obscure materials stored therein. Affected parties shall be given six months from date of adoption of this chapter to comply.

Bridges, walkways or passageways, enclosed or otherwise, connecting buildings located on a large tract development lot shall not negate the existence of each such building as a separate building, and each building so connected shall be deemed to be a separate building for all purposes of this Zoning Ordinance.

Bridges, walkways or passageways, no longer than 200 feet in length, enclosed or otherwise, connecting buildings located on different lots in a Limited Industrial District shall not thereby violate any lot setback provision of any building or buildings connected by said structures.

Lot area.

In the case of a nonconforming lot, the adjoining lot is not vacant and not in the same ownership.

Any lot on which more than one house existed at the time of the adoption of this chapter may be divided and sold to separate owners and used with a minimum of nonconformance.

To provide a suitable boundary or buffer between zoning districts.

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

To provide visual relief to parking lots and protection from wind in open areas.

To preserve or improve the visual and environmental character of a neighborhood and of Marlborough generally.

To offer property owners protection against possible diminution of property values due to adjacent commercial construction or a change in existing ostensibly incompatible land uses.

To assure public safety requirements for sight distance visibility.

When the building or site undergoes a change of use or is enlarged by more than 10% of the floor or ground areas of use or when any new principal building is built on the site or when any new building, addition, alteration or change of use requires a parking increase of five or more spaces.

Compliance with all provisions of this section to the maximum extent practicable, as determined at site plan approval, shall be a requirement for approval of any site plan or off-street parking plan or issuance of any building permit, occupancy permit or special permit.

An application for a special permit for a use, structure or activity that does not comply with the provisions of this section shall not be granted until compliance to the maximum extent practicable is demonstrated.

A landscaping plan demonstrating compliance with the standards contained in this section for landscaping, planting areas and screening shall accompany each application for site plan approval and building permit. The plan shall be drawn to scale and may be part of a site plan application. A landscaping plan shall not be required for a single- or two-family dwelling.

The landscaping plan for any lot used or zoned for multifamily or nonresidential use shall be certified by a landscape architect registered in the Commonwealth of Massachusetts.

The landscaping plan shall show, apart from information normally required on a site plan:

Planting areas and lot coverage. Planting areas on a lot shall be considered a part of the total landscaped area on a lot required by the maximum lot coverage provisions of § 650-43. Any landscaped area required by the lot coverage provisions and located outside of a planting area required by this section shall meet the requirements of Subsection D(3), Ground surface materials, but need not meet the requirements of Subsection D(4) or (5) for planting type and size and planting quantity and spacing.

Location. The planting area required by this section shall be located entirely within the lot. Additional planting area may be provided outside the lot but shall not be credited to the area required within the lot.

Ground surface materials.

Planting type and size. Required plantings shall include both trees and a mix of deciduous and evergreen shrubs to maintain effectiveness throughout the winter and preferably will include vegetation existing on the site. To be credited towards meeting these requirements, trees must be at least two inches caliper four feet above grade at the time of planting, be of a species common in the area and which reach an ultimate height of at least 20 feet when mature. Shrubs must be at least 12 inches in height at the time of building occupancy and be of a species common in the area. Live ground cover, lawn grass or hedgerows may be substituted for shrubs as provided under Subsection D(5) below.

Planting quantity and spacing.

Existing vegetation. Wherever possible, the above requirements shall be met by retention of existing plants, including as follows: If located within the street frontage planting area required by this section, no existing tree of six inches in caliper or greater (measured four feet above grade), dense hedgerow of four or more feet in both depth and height, or existing earth berm providing similar visual screening shall be removed or have grade changed more than one foot unless required by plant health or access safety.

Curb protection of landscaping from vehicles. Except for single- and two-family dwellings, wherever landscaping areas are adjacent to parking areas or driveways, the landscaped areas shall be suitably protected by raised curbing to avoid damage to the plant materials by vehicles and by snowplows and to define the edge of the landscaped area. The edge of the landscaped area shall also be defined by tall stakes during winter season. Curb specifications for parking areas and driveways are included in § 650-49.

Walls or fences. Walls or fences may not be substituted for plant materials to reduce the required planting area. A wall or fence may be added where a mass of plant materials would not provide an adequate screen, in which case planting shall be provided along the side of the wall or fence.

Location and width.

(Reserved)

Planting in right-of-way. The landscaped strip adjacent to the right-of-way required by this section must be located within the affected parcel, and state or City property within the right-of-way may not be used to meet the requirements of this section. However, wherever possible, the extension of grass or ground cover into said right-of-way is encouraged but must be approved on the landscaping plan and maintained by the owner of the affected parcel.

Planting requirements.

One- and two-family dwellings: No side line planting is required.

Nonresidential and multifamily residential uses on lots with under 40,000 square feet of lot area: five feet.

Nonresidential and multifamily residential uses on lots with over 40,000 square feet of lot area: seven feet.

All lots where common driveways on the lot line are approved at site plan approval: No side line planting is required.

In a Limited Industrial District, the side yard landscaping requirement shall not apply to side yard or rear yard lines that bisect parking lots, if both lots are in common ownership or if there are parking easements that, in the opinion of the Building Commissioner, adequately allow for parking in one lot by persons using the other lot.

Location. District boundary planting is required in the following locations:

Width. The width of the district boundary planting area, located adjacent to the boundary, shall be sufficient to act as a buffer or transition between uses. Said width shall be determined at site plan approval but shall not be less than the widths prescribed in the table below:

Planting. Said planting area shall be densely planted with shrubs and trees at least four feet high when planted and of a type expected to form a year-round dense screen or wall at least six feet high within three years or by an opaque fence or wall at least six feet high supplemented by landscaping on the residential side of the fence.

Topographic features. If the abutting parcel is presently visually separated by topographic features, the planting area shall be provided with the required width, but the plantings need not be installed until and unless said topographic features are removed.

Perimeter of parking lot. On at least three sides of the perimeter of an outdoor parking lot containing 10 or more parking spaces, there shall be a planting area or strip with a minimum width equal to the width required for side line planting areas under Subsection F above, except that, where the perimeter is along the street frontage or district boundary, the planting areas shall have the larger dimensions required by this section. The plantings in the perimeter area shall be according to Subsection D, Planting area requirements.

Interior of lot.

Site plan approval. The above requirements shall be complied with to the extent practicable. Grouping of landscaped islands into larger landscaped areas may be allowed if the result meets the intent of this section as interpreted by the City Planner at site plan approval.

Within a Limited Industrial District, the requirements of Subsection H(2) may be suspended for the development of a shopping mall or a retail lot when approved by the City Council, as provided in § 650-59, in writing, provided that the City Council finds that, at the perimeter of the development lot or a retail lot, the strip required under Subsection H(1) is increased by a minimum of 125% of the area that would be devoted to the islands under Subsection H(2) if the requirements of Subsection H(2) were applicable to the development lot or a retail lot.

A planting area not less than seven feet wide adjacent to the parking lot, densely planted with shrubs and trees at least four feet high when planted and of a type expected to form a year-round dense screen at least six feet high within three years; or

A fence or wall of uniform appearance at least six feet high above the parking lot surface. Such wall or fence may be supplemented by planting and shall be located at least seven feet away from any parking or loading space to allow for vehicle overhang or snow clearance. Such wall or fence may be opaque or perforated, provided that no more than 50% of the fence face is open. If snowdrifts are likely, the fence shall be designed accordingly.

Outdoor storage and loading areas, refuse disposal.

Mechanical equipment. Wherever possible, in all districts on nonresidential properties all air-conditioning equipment, transformers, elevator equipment or similar mechanical equipment on any roof or building or on the ground shall be screened from public view to the maximum extent practicable.

Transfer, equipment lockers and underground installation of utility lines. In all districts when electric, telephone and all other utility lines or cables are proposed to be extended or relocated in connection with the development or redevelopment of land or a building for nonresidential purposes, they shall be installed underground. Transformers and other equipment located above ground shall be screened from public view by planting or fencing.

Exterior lighting.

The owner of the lot shall be responsible for the maintenance, repair and replacement of all landscaping materials installed in accordance with the approved landscaping plan required under Subsection C.

All plant materials required by this section shall be maintained in a healthful condition. Dead limbs, refuse and debris shall be promptly removed. Bark mulch and nonplant ground surface materials allowed by the section shall be maintained so as to control weed growth. Dead plantings shall be replaced with new live plantings of the required size and quantity at the earliest appropriate season. Shrubs and live ground surface plant materials, such as grass or ground cover, shall be properly maintained in presentable appearance or replaced in kind at the earliest appropriate season.

Plantings shall be selected and designed so as not to require high water use for maintenance. If grassed lawn areas or thickly planted shrubs or ground cover are used in the street frontage planting areas, a permanent water supply system, sufficient to serve the landscaped areas, shall be provided by the installation of a sprinkler system and/or hose bibs placed at appropriate intervals.

Fences and walls shall be maintained in good repair and presentable appearance or replaced.

The landscaping plan and plantings, as approved, shall be completed and installed according to specifications prior to the issuance of a certificate of occupancy for any residential or nonresidential use or building, other than for single-family houses. If the completion of the structure occurs after the planting season has passed, only a temporary certificate of occupancy may be issued until the landscaping is completed.

For single-family houses the same provisions shall apply, except that, for those houses not built for profit or for the use and occupancy of the builder or developer, the landscaping shall be completed within one year after the issuance of the certificate of occupancy.

If at any time after the issuance of a certificate of occupancy the landscaping of any parking or vehicular area to which this section is applicable is found to be in nonconformance, notice shall be issued to the owners that corrective action is required to be in compliance with this section and shall describe what action is necessary to comply. The owners shall have 30 days to fulfill the landscaping requirements. Failure to comply within the allotted time shall be considered a violation of this section.

At the time of site plan approval, a bond may be required to ensure the satisfactory planting of required landscaping and to ensure the survival of such landscaping for up to 18 months following such planting.

Measurement. In order to provide an unobstructed sight distance for motorists, there shall be no obstruction as described below within a triangle which measures at least 25 feet on two sides of the intersection of a street with another street or a driveway, interior drive or bikeway. The triangle shall be measured from the point of intersection or, in the case of a rounded corner, the point of intersection of the tangents, in a direction away from the intersection for a distance of at least 25 feet along the street right-of-way line; along the side line of the other street, driveway, interior drive or bikeway for a distance of at least 25 feet; and by a third line connecting these two points.

Obstruction. The word "obstruction," as used in this section, shall mean anything erected, placed, planted or allowed to grow in such a manner as to impede vision for motorists between a height of two feet and eight feet above the grade of the center line of the street and the intersecting street, driveway, interior drive or bikeway.

Ground elevation. In all cases of new construction and in other cases when deemed necessary by the permitting authority, ground elevation (hills, embankments, etc.) shall be considered as an obstruction to sight requirements if said elevation is higher than the two feet put forth above within the prescribed area.

Illustration. The illustration of sight distance is included at the end of this chapter.

Any landscaping, screening and fencing legally provided or erected and conforming to the requirements of this section when so erected may continue to be maintained, even though as a result of changes to this section the landscaping and screening no longer conforms to its requirements, provided that such landscaping and screening shall not be reduced, enlarged, redesigned or altered except so as to make them conform to said requirements, and further provided that any such landscaping and screening which has been destroyed or damaged to such an extent that the cost of restoration would exceed 50% of the replacement value of the landscaping and screening at the time of destruction or damage shall not be repaired, rebuilt or altered, except so as to make such landscaping and screening conform to the requirements of this section.

The exemption for nonconforming landscaping and screening and fencing herein granted shall terminate with respect to any landscaping and screening which shall:

Stores and shops for the conducting of retail business shall provide one parking space, 350 square feet, for each 100 square feet of public floor space or area.

Theaters, stadiums, auditoriums, halls, undertaking establishments or other places of public assembly, excluding churches, shall provide one parking space for each two legal occupants.

Hospital or nursing home: one space for each two beds.

Boardinghouse, lodging house, inn, hotel or motel: one space for each room.

Offices and banks shall provide one parking space for each 250 square feet of office space or area.

Industrial and manufacturing establishments shall provide one parking space for each three workers based on peak employment and adequate space for loading and unloading all vehicles used incidental to the operation of the establishment. All new commercial and mixed use buildings shall construct loading facilities. Renovated structures shall provide for loading facilities insofar as possible. Provision for loading facilities shall be shown on site plans.

Multifamily dwellings: one off-street parking space per dwelling unit, plus one off-street parking space per bedroom; apartment buildings shall provide two off-street parking spaces for each dwelling unit over and above access roadways and maneuvering.

Home occupation: one off-street parking space for each nonresident employee and two additional spaces.

All parking spaces, other than for single-family dwellings, shall be provided with adequate fencing to prevent the creation of a nuisance to abutters from headlights of cars entering and leaving the property.

Any other nonresident uses not otherwise covered in this chapter: Minimum requirements as shall be determined by the Building Commissioner must be adequate to serve the customers, patrons or visitors and the employees of such use.

Clubs, restaurants, taverns and other eating places shall provide one parking space for every three seats, plus one space for every three employees.

Residential conference and training center: two parking spaces for each three bedrooms.

Shopping mall shall provide a minimum of one parking space for each 225 square feet of gross leasable area. Retail stores, shops, restaurants and service establishment uses, excluding automotive service establishments (such as gasoline filling stations and places for the repair and service of motor vehicles), on a retail lot shall provide a minimum of one parking space for each 225 square feet of gross leasable area.

A large tract development shall provide one parking space for each 333 square feet of office space or area. For purposes of this section, structured off-street accessory parking areas, areas used for employee amenities (including, but not limited to, cafeterias, lounges, fitness centers, convenience stores, and bank teller machines), and rooms for mechanical equipment, including but not limited to telephone, heating, air-conditioning or other mechanical equipment, shall not be considered as office space or area.

Data storage/telecommunications facilities shall provide one parking space for each 2,500 square feet of building area; provided, however, that the site plan for a data storage/telecommunications facility shall provide an area labeled as "Reserve Parking Area" on the site plan, to be maintained as existing natural vegetation or as landscaped area, said reserve parking area to be sufficient in size to accommodate the parking requirements in existence at the time for an office use at the site.

Assisted living facility: one space for each two beds. Reserve parking area equivalent to one space per four employees on the largest shift at the facility shall be provided on the site plan in case of need, such provision to be reviewed after one full year of continuous facility operation.

A self-service storage facility shall provide a minimum of one parking space per employee and one parking space per 1,600 square feet of the facility.

Approvals and permits.

Buildings and land uses in existence on the effective date of this chapter are not subject to these parking requirements, but any parking facilities then serving or thereafter established to serve such buildings or uses may not in the future be reduced below these requirements.

Common parking areas and mixed uses. Parking required for two or more buildings or uses may be provided in combined parking facilities where such facilities will continue to be available for the several buildings or uses and provided that the total number of spaces is not less than the sum of the spaces required for each use individually, except that said number of spaces may be reduced by up to 1/2 such sum if it can be demonstrated that the hours or days of peak parking need for the uses are so different that a lower total will provide adequately for all uses served by the facility. The following requirements shall be met:

Temporary parking reserve. Where it can be demonstrated that a use or establishment will temporarily need a lesser number of parking spaces than is required (such as phased occupancy of large new facilities), the number of such spaces required may be reduced by not more than 50%, subject to the site plan approval, provided that the following requirements are met:

Required off-street parking facilities shall be provided on the same lot as the principal use they are required to serve. The required parking areas may be provided on any lot under the same ownership and within 400 feet of the building or structure to be served. In a Limited Industrial District, the parking shall be provided within 500 feet of the building or structure to be served, on the building lot, on any lot under the same ownership, or on any lot subject to an easement to the owner of said building to be served which, in the opinion of the Building Commissioner, causes said parking to be available for the purposes of this section.

The requirement that parking areas be provided within 400 feet of the building or structure to be served set forth in Subsection C(1) above shall not be applicable to parking provided on a large tract development lot. Parking areas provided on a large tract development lot shall be within 600 feet of the nearest building or structure to be served.

Full-size parking dimensions. The minimum dimensions of full-sized parking stalls and aisles shall be as indicated in the Table of Parking Dimensions: Full-Sized Spaces. [See Subsection C(4) below for compact-sized spaces.] The complete stall dimensions shall be paved and no deduction shall be obtained for bumper overhang.

Compact-sized parking spaces.

Parking setbacks. For purposes of maintaining adequate, open landscaped space in yards, adequate separation of parking and driveways from lot boundaries, streets and buildings and adequate space for snow stockpiling, the following provisions shall apply:

(Reserved)

Parking areas shall not be used for automobile sales, gasoline sales, dead storage, repair work, dismantling or servicing of any kind, and lighting that is provided shall be installed in a manner that will prevent direct light shining onto any street or adjacent property.

Access to parking spaces.

Paving type. All parking spaces, loading bays and maneuvering aisles shall have a durable, dustless, all-weather surface suitable for year-round use and acceptable to the City Engineer and the Building Commissioner, such as bituminous concrete or cement concrete.

Parking grades. The maximum grade of any parking or loading area shall be 5%.

Paving drainage. All paving shall be designed and constructed in such a manner that the amount of surface water draining onto any public way or onto any lot in other ownership, other than through a drainage easement or stream, shall be minimized.

Striping of parking spaces. All parking spaces, except those for single- and two-family houses, must be clearly striped and remain striped at the required dimensions and locations as shown in an approved site plan.

Curbing required. For purposes of protecting landscaped and pedestrian areas next to parking or driveways from damage by vehicles and snowplows and to assure proper maintenance and drainage, all parking lots and loading areas, except those for single- or two-family houses, shall be provided with durable curbing a minimum of six inches high, as follows:

Driveways. See § 650-49 for the provisions for driveways.

Purpose. The purpose of this section is to ensure adequate access for traffic generated by development and for emergency vehicles; to increase public safety for vehicles and pedestrians; and to reduce traffic congestion, dust and erosion within the development and in adjacent public ways.

Objectives. The means to accomplish this purpose shall include reducing the number of driveway openings onto public streets; regulating the spacing, design and construction of driveways; requiring joint or shared use of driveways; and requiring off-site improvements where appropriate as specified in the following subsections.

Road opening/curb cut permit required.

Location.

Grades.

Paving material.

Utilities relocation. The cost of any relocation of existing, City-owned and maintained utilities, mains and services due to the construction of a new driveway or repair or modification to an existing one shall be borne by the owner of the driveway.

Paving drainage. All paving shall be designed and constructed in such a manner that the amount of surface water draining onto any public way or onto any lot in other ownership other than through a drainage easement or stream shall be minimized.

Maximum curb opening. The maximum width of any curb opening measured at the street line shall be 25 feet, not including the driveway returns, unless authorized by the City Engineer and City Planner at site plan approval based on safety and planning considerations.

Sight distance. The location of all driveways shall have adequate sight distance as required by § 650-47N.

Dimensional requirements. The following requirements shall be met unless granted site plan approval for an alternative configuration based upon determination that safety will be adequately protected and that commonly employed engineering and planning standards have been met in full:

Obligations. The City may require, as a condition of site plan approval, that the developer dedicate or acquire and dedicate a strip of land for the purpose of widening to a safe width accessways leading to a development and that the developer either make physical improvements within such way or compensate the City for the cost of such improvements.

No lot division. No existing parcel shall be divided into lots with frontage which would preclude meeting the driveway separation requirements, unless access rights-of-way are deeded to enable shared egress.

Shared access and egress. The requirements of Subsection C(1), Dimensional requirements, above, may be met by means of shared or common driveways. (See § 650-49.)

Curbing. Vertical granite curbing shall be required beside driveways within the street right-of-way or sloped curbing subject to site plan approval. Said granite curbing shall also be required outside the right-of-way extending from the right-of-way continuously along the driveway as far as any parking area, but in no case more than 35 feet, unless otherwise required by provisions of § 650-48D(5).

Parking restrictions. A major driveway shall not be used as a parking lot aisle, and no parking spaces shall be permitted requiring vehicles to reverse into a major driveway, unless the driveway is likely to carry less than 500 vehicle trips per day, and unless granted site plan approval based upon determination that public safety and traffic flow will be protected, such as by substantially increasing the driveway width.

Dimensional requirements. The following requirements shall be met unless granted site plan approval for an alternative configuration based upon determination that safety will be adequately protected and that commonly employed engineering and planning standards have been met in full:

Purpose and approval. A common driveway shall not be permitted unless said driveway is determined at site plan review and approval to provide a reasonable public benefit which would not otherwise be obtained without use of a common driveway. Said benefit or purpose may include reduction in the number of curb openings or driveways onto major streets or at unsafe or unsuitable locations which can be avoided by provision of common or shared driveways.

Number of single-family lots. No more than five single-family residential lots shall be served by a common or shared driveway, unless permitted under the provisions of the Subdivision Control Law or under an approved site plan as provided for in this chapter. Notwithstanding the foregoing, owners of lots developed under an approval-not-required plan in accordance with and permitted by Massachusetts General Laws may use a common driveway for more than five residential structures, provided that such driveway meets minimum road standards of the City as specified in the Rules and Regulations of the Planning Board for Subdivisions, unless such standards are modified during site plan review.

Number of lots other than single-family lots. The number of lots, other than single-family lots, shall be determined on a case-by-case basis, based upon determination that safety will be adequately protected and that commonly employed engineering and planning standards have been met in full.

Frontage. Common driveways may never be used to satisfy zoning frontage requirements. All the proposed building lots must have frontage on an acceptable way as defined in MGL c. 40, § 81L, and each lot frontage must also provide the possibility of independent practical access from the proposed structure or use to the way without using a common driveway.

Point of access. Access obtained by way of easement over an abutting lot shall only be authorized by site plan approval.

Covenants. Provisions for proper maintenance of common driveways shall be included in covenants and deed restrictions which shall be recorded.

Construction. Common driveways must meet the dimensional and construction standards of major or minor driveways, as applicable.