94-8.1.1 Purpose. The purpose of this section is to encourage development of new housing that is affordable to income eligible households in applicable zoning districts that require site review. At a minimum, affordable housing produced through this section should be in compliance with the requirements set forth in M.G.L.A. c. 40B §§ 20—23 and other affordable housing programs developed by federal, state, and local governments. It is intended that the affordable housing units that result from this section be considered as local initiative units, in compliance with the requirements for the same as specified by the department of housing and community development (DHCD).

94-8.1.2 Definitions. See section 94-12.0, "Inclusionary housing".

94-8.1.3 Applicability. In all zoning districts, the inclusionary zoning provisions of this section shall apply to the following uses:

1.

Any project that results in a net increase of ten or more dwelling units over a five-year period, whether by new construction or by the alteration, expansion, reconstruction, or change of existing residential or non-residential space;

2.

Any subdivision of land for development of ten or more dwelling units over a five-year period; and

3.

Any senior housing facility development that includes ten or more assisted living units and accompanying services.

94-8.1.4 Procedures and Fees. Procedures and fees associated with the filing of a special permit for inclusionary housing shall be established by the community development board by the adoption of rules and regulations.

94-8.1.5 Special Permit Requirement. The development of any project set forth in this section shall require the grant of a special permit from the board of appeals or other designated SPGA. A special permit shall be granted if the proposal meets the requirements of this section.

1.

Covered projects requiring a special permit and /or a variance from the board of appeals or city council. In the case of a covered project which requires a special permit from the city council or the board of appeals as identified in the Table of Use Regulations or site plan review pursuant to section 94-11.7, the community development board shall submit its recommendation relative to inclusionary housing within 45 days of the date of submission to the board for comment. The recommendation of the community development board shall be attached as a condition of approval of the special permit which shall be conducted pursuant to the provisions of section 94-11.6.

2.

Covered Projects requiring a site plan approval from the community development board. In the case of a covered project which requires site plan review and all other covered projects not subject to subsection 8.1.5.1, the community development board shall conduct a public hearing and its review shall be consistent with the provisions of section 94-11.7.

3.

Nothing shall prevent the SPGA to combine public hearings for a special permit for use or site plan review with the special permit for inclusionary housing.

94-8.1.6 Mandatory Provision of Affordable Units. As a condition of approval for a special permit for a covered project, the applicant shall contribute to the local stock of affordable unit in accordance with the following requirements:

1.

Ten to 24 lots or units: Ten percent affordable units.

2.

Twenty-five to 49 lots or units: Thirteen percent affordable units.

3.

Fifty or more lots or units: Fifteen percent affordable units.

94-8.1.7 Restriction and Regulatory Agreement. As a condition for the granting of a special permit for a covered project, all affordable housing units shall be subject to an affordable housing restriction and a regulatory agreement in a form acceptable to the community development board. The regulatory agreement shall be consistent with any applicable guidelines issued by the DHCD and any other applicable state or federal funding source and shall ensure that affordable units can be counted toward the city's subsidized housing inventory. In the case of a subdivision, no lot or unit shall be sold until an approved regulatory agreement is recorded at the registry of deeds. In the case of a construction project subject to a building permit, no certificate of final occupancy shall be issued until an approved regulatory agreement is recorded at the registry of deeds and the building commissioner is notified by the director of the office of community development or her representative that the project is progressing in a satisfactory manner in fulfilling its affordable housing requirement.

94-8.1.8 General Requirements. All covered projects shall comply with the following:

1.

Fractional units. Where the required number of affordable units results in a fraction of a unit, the required number should be rounded up to the nearest whole number.

2.

Phasing. Affordable units should not be the last units to be developed or occupied in any covered project.

3.

Non-avoidance by phasing or segmentation. A development shall not be phased or segmented in a manner to avoid compliance with this section. The SPGA shall not approve any covered project that results in ten or more dwelling units if the land or parcels of land were held in common ownership (including ownership by related or jointly controlled persons or entities) and were subdivided or otherwise modified within the previous five years to avoid compliance without complying with this section. This section shall also be enforceable against purchasers of land previously held in common ownership with land that received, after the date of adoption of this section, approvals or permits for development, to the effect that units developed under such previous development shall be counted toward the calculation of number of units under this section.

94-8.1.9. Provisions Applicable to Affordable Housing Units. The following criteria shall apply.

1.

Siting of affordable units. All affordable units constructed or rehabilitated under this section shall be situated within the development so as not to be in less desirable locations than market-rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, as the market-rate units.

2.

Minimum design and construction standards for affordable units. Affordable housing units shall be integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of materials with other units. Interior features and mechanical systems of affordable units shall conform to the same specifications as apply to market-rate units.

3.

Timing of construction or provision of affordable units or lots. Where feasible, affordable housing units shall be provided coincident to the development of market-rate units.

4.

Marketing plan for affordable units. Applicants under this section shall submit an affirmative marketing plan to the director of diversity and DHCD, which describes how the affordable units will be marketed to potential home buyers or tenants. This plan shall include a description of the lottery or other process to be used for selecting buyers or tenants.

94-8.1.10 Maximum Incomes and Selling Prices; Initial Sale.

1.

The proponent of a covered project shall engage a DHCD and office of community development approved lottery agent who shall ensure affirmative marketing and DHCD requirements regarding compliance with maximum income and maximum selling prices. For certain state and federally funded projects more restrictive requirements may supersede state requirements.

2.

The maximum income level is as established by the DHCD, and as may be revised from time to time. The maximum housing cost for affordable units is as established by the DHCD, local initiative program or as required by other state or federal programs. If multiple funding sources are used, the units must still be eligible for inclusion on the subsidized housing inventory.

94-8.1.11 Preservation of Affordability; Restrictions on Resale. Each affordable unit created in accordance with this section shall have limitations governing its resale through the use of a regulatory agreement The purpose of these limitations is to preserve the long term affordability of the unit and to ensure its continued availability for income eligible households. The resale controls shall be established through a restriction on the property and shall be in force for perpetuity.

1.

Resale price. Sales beyond the initial sale to a qualified affordable income purchaser shall comply with the requirements of the DHCD local initiative program.

2.

Right of first refusal to purchase. The purchaser of an affordable housing unit developed as a result of this section shall agree to execute a condition in its deed restriction to be approved by the city and DHCD, granting, among other things, the municipality's and DHCD's right of first refusal to purchase the property in the event that a subsequent qualified purchaser cannot be located.

3.

The SPGA shall require, as a condition for special permit under this chapter, that the applicant comply with the mandatory set-asides and accompanying restrictions on affordability, including the execution of the deed rider. The building commissioner shall not issue an occupancy permit for any affordable unit without evidence of the recording of the affordable deed restriction.

94-8.1.12 Conflict with Other Ordinances. The provisions of this section shall be considered supplemental to this chapter. To the extent that a conflict exists between this section and other sections of this chapter, the more restrictive ordinance, or provisions therein, shall apply.

94-8.2.1 Purpose. The purpose of this section is to:

1.

Provide small additional dwelling units to rent without adding to the number of buildings in the city or substantially altering the appearance of the city;

2.

Provide alternative housing options for elder residents and small families; and

3.

Enable owners of single family dwellings larger than required for their present needs to share space and the burdens of home ownership.

94-8.2.2 Procedures. Accessory dwelling units may be allowed as of right in an existing principal dwelling or by special permit from the community development board (the SPGA) in an existing detached structure on the same lot, provided that each of the following additional conditions are met.

94-8.2.3 Conditions.

1.

A plot plan of the existing dwelling unit and proposed accessory dwelling unit shall be submitted to the SPGA, or building commissioner, as the case may be, showing the location of the building on the lot, the proposed accessory dwelling unit, location of any septic system and required parking. A mortgage inspection survey shall be sufficient to meet this requirement.

2.

An affidavit shall be provided stating that one of the two dwelling units shall be occupied by the owner of the property, except for bona fide temporary absence. No accessory dwelling unit shall be held in separate ownership from the principal structure/dwelling unit.

3.

Not more than one accessory dwelling unit may be established on a lot.

4.

The accessory dwelling unit shall not be larger in floor area than one-half the floor area of the principal dwelling, or 900 square feet, whichever is smaller. Exceptions may be made by the SPGA in the event that the detached accessory structure has some preservation value, as with a carriage house or a barn.

5.

The external appearance of the structure in which the internal accessory apartment is to be located shall not be significantly altered from the appearance of a single-family structure or accessory structure thereto. "Significantly altered" shall mean no increase in gross floor area greater than ten percent shall be allowed and no additional entrances facing the principal street. Exterior alteration to an existing detached accessory structure are permitted provided they improve the materials, design, and visual screening of the existing structure, subject to the direction of the SPGA.

6.

Where the accessory dwelling unit or the principal dwelling is occupied as a rental unit, the minimum occupancy or rental term shall be 30 days.

7.

Sufficient and appropriate space for no more than one additional parking space, when necessary and feasible, shall be accommodated on-site by the owner to serve the accessory dwelling unit. If newly constructed, said parking space shall be permeable, incorporate visual screening, and have vehicular access to the driveway.

8.

The special permit shall expire after five years; provided, however, that the special permit may be renewed every five years by the building commissioner without a public hearing if the permittee submits an affidavit to the building commissioner prior to such expiration date indicating that there has been no change in circumstances with regard to the accessory dwelling unit and that one of the dwelling units on the property continues to be owner occupied.

94-8.2.4 Decision. Special permits for an accessory dwelling unit may be granted by the SPGA upon a finding that the construction and occupancy of the accessory dwelling unit will not be detrimental to the neighborhood in which the subject property is located and after consideration of the factors set forth in section 94-11.6 of this chapter.

94-8.3.1 Purpose. The purpose of this section is as follows:

1.

To provide for the development and use of alternative housing and nursing care for the elderly;

2.

To create home health care, housing and other supportive services for the senior population outside of an institutional setting;

3.

To encourage the preservation of open space;

4.

To provide alternative housing for seniors that cause relatively little demand on city services;

5.

To preserve the city's residential character;

6.

To provide such accommodations in a manner harmonious with the surrounding land uses while protecting natural resources and open space;

7.

To provide housing which is affordable seniors who are Medford residents.

94-8.3.2 Definitions. See section 94-12.0, "Senior housing facility".

94-8.3.3 Applicability. The community development board may grant a special permit for a senior housing facility as defined in section 94-12.0 as set forth in the Table of Use Regulations, subject to the requirements of this section.

1.

This section shall not apply to senior housing facilities existing on the date of adoption of this section.

94-8.3.4 Dimensional Requirements and Design Standards. Dimensional requirements and design standards shall be as follows:

1.

Minimum lot size. The minimum lot size (square feet) shall be that required in the district.

2.

Building height. Any addition or new construction shall not exceed 35 feet in height as measured in accordance with the State Building Code. This shall not preclude the reuse and renovation of existing structures which may exceed this height limit.

3.

Building setbacks. Buildings shall be set back 20 feet in the side and rear yards.

4.

Setback from residential dwellings. All buildings associated with the senior housing facility shall be no closer than 30 feet from existing residential dwellings unless reduced by the SPGA.

5.

Minimum lot frontage. The minimum lot frontage shall conform to the requirements of the district where such use is located.

6.

City services. Facilities shall be serviced by public water and sewer of sufficient capacity to serve the project. Any extension and/or replacement of sewer and/or water lines necessary to provide sufficient capacity shall be the responsibility of the applicant.

7.

Transportation services. The operator of the facility shall be required to provide or arrange for transportation to city services and facilities.

8.

Parking. The minimum number of parking spaces provided on the lot shall be 0.5 spaces per bedroom, plus spaces equal to the largest employee shift, plus one visitor space per every ten bedrooms. These requirements may be reduced by the SPGA where public transit is reasonably available.

9.

Access and on-site circulation. Adequate on-site circulation shall be provided to and from the site, taking into consideration the adjacent sidewalks and streets and accessibility of the site and building(s) thereon for emergency vehicles. Adequate provision shall be made for off-street loading and unloading requirements of delivery vehicles and passengers using private transportation.

10.

Public safety. The facility shall have an integrated emergency call, telephone and other communication system to provide monitoring for its residents. There shall be sufficient site access for public safety vehicles. A plan shall be approved by the fire department for the emergency evacuation of residents with emphasis on ensuring the safety of residents with physical impairments.

11.

Landscaping. Landscaping and screening is required to obscure visibility from beyond the boundaries of the premises of parking areas, dumpster locations and loading areas. The minimum setback from all property lines of such parking lots, dumpster locations, and loading areas, except for their points of ingress and egress, shall be 15 feet.

94-8.3.5 Accessory Uses. The operator of the senior housing facility may also provide optional services on the site for the convenience of residents, including but not limited to transportation, barber/beauty services, sundries for personal consumption, laundry services and other amenities, provided such uses serve primarily the residents and staff of the senior housing facility and the accessory uses shall be wholly within a residential structure and shall have no exterior advertising display.

94-8.3.6 Special Permit Procedure. The procedure for a special permit under this section shall be governed by section 94-11.6.

94-8.4.1 Purpose. This section is intended to set forth regulations through which certain dwelling units within the City of Medford may be utilized as short term rental units. This regulation is designed to allow for the operation of such rentals for Medford residents, protect the safety of renters and residents, ensure the primary use of such rentals remains residential, and ensure that the operation of such short term rentals does not create a safety concern or detriment to the surrounding residential neighborhood.

94-8.4.2 Definitions. See section 94-12.0, "Short term rentals".

94-8.4.3 Applicability. No residential unit shall be offered as a short term rental except in compliance with each of the provisions of this section.

94-8.4.4 Requirements for the Operation of Short Term Rentals. A residential unit offered as a short term rental shall comply with all standards and regulations promulgated by the commissioner. The following additional requirements shall apply to all short term rentals:

1.

Operator's primary residence. A residential unit offered as a short term rental shall be the operator's primary residence.

2.

One party of renters. A residential unit offered as a short term rental shall be rented to only one party of short term renters at a time, not rented as separate bedrooms, beds, or spaces to separate parties.

3.

Number of short term renters. A residential unit offered as a short term rental shall be limited to six guests, or two guests per guest bedroom, whichever is fewer.

4.

One listing per booking agent. A residential unit offered as a short term rental shall not have more than one listing per booking agent associated with it.

94-8.4.5 Rental Availability.

1.

Short term rental of a shared residential unit. An operator may offer bedrooms within their residential unit as a short term rental 365 days per year. One bedroom in the unit shall be reserved for, and occupied by, the operator during the entire term of the rental.

2.

Short term rental of an unoccupied residential unit. Short term rentals shall not exceed, in the aggregate, 90 consecutive or nonconsecutive calendar days per year, when the operator is not occupying the residential unit during the entire term of the short term rental.

94-8.4.6 Rental Period and Use. Renting for an hourly rate, or for rental durations of fewer than ten consecutive hours shall not be permitted. Commercial meetings and uses are prohibited in short term rentals.

94-8.4.7 No Outstanding Violations. The residential unit offered as a short term rental shall not have any outstanding building, sanitary, zoning, or fire code violations, orders of abatement, or stop work orders, unpaid taxes, water/sewer or tax liens, any other judgements or penalties imposed by the city that remain unresolved, or other requirements, laws, or regulations that prohibit the operator from offering the residential unit as a short term rental.

1.

If a violation or other order is issued, upon notice of said violation or order short term rental use shall be terminated until the violation has been cured or otherwise resolved.

2.

If a property receives three or more violations within a six-month period under this section, or of any municipal ordinance, state law, or building code, any residential unit within the property shall be ineligible to be used as a short term rental for a period of six months from the third or subsequent violation.

94-8.4.8 Compliance and Interaction with Other Laws. Operators shall comply with all applicable federal, state, and local laws and codes, including but not limited to the Fair Housing Act, M.G.L.A. c. 151B and local equivalents and regulations related thereto, and all other regulations applicable to residential dwellings.

94-8.4.9 Retention of Records. The operator shall retain and make available to the building department, upon written request, records to demonstrate compliance with this section, including but not limited to: records demonstrating the number of months that the operator has resided or will reside in residential unit, if applicable; records showing consent of the owner of the residential unit to the residential unit's use as a short term rental, if applicable; and records demonstrating number of days per year that the residential unit is offered as a short term rental. The operator shall retain such records for as long as he or she desires to use the residential unit as a short term rental.

94-8.4.10 Notifications. The operator shall post and maintain a sign on the inside of the short term rental on the entry level, visible to and reasonably likely to be readily accessed by individuals utilizing the short term rental, with the following information:

1.

Instructions for the disposal of waste per the city's recycling and trash programs.

2.

Information regarding the city's parking regulations, including but not limited to visitor parking passes, street sweeping, and snow emergencies.

3.

The local noise ordinances of the city.

4.

Contact information for the operator, or when the operator is not present, the contact information for a locally available contact designated to respond to all emergencies and problems that may arise during the rental period.

5.

On a sign on the inside of the residential unit, the operator shall provide information on the location of all fire extinguishers in the unit and, if applicable, the location of all exits and manual fire box alarms located in the common areas of the building.

94-8.4.11 Community Information Card. The operator shall furnish each guest with a community information card containing, at a minimum:

1.

Emergency telephone numbers for the Medford Police Department and Medford Fire Department.

2.

A description of the regulations relative to on-street parking and any associated fines, if any, for such violations.

94-8.4.12 Booking Agent Report. All booking agents with any listings in the city shall provide to the city on a quarterly basis an electronic report, in a format to be determined by the city. The report shall include a breakdown of where the listings are located, whether the listing is for a room or a whole unit, the number of nights each unit was reported as occupied during the applicable reporting period, and the operator's name and full contact information.

94-8.4.13 Registration Process. An operator who wishes to offer his or her residential unit as a short term rental shall register with the building department, online or in a paper form prescribed by the building department, to be listed on a database maintained by the city that includes information on operators who are permitted to offer their residential units as short term rentals.

1.

Permission of owner. An operator must certify at the time of registration that he or she has the following permissions to offer his or her residential unit as a short term rental:

a.

Operator is the owner of the residential unit offered as a short term rental or is a tenant who uses the residential unit as his or her primary residence and has the permission of the owner; and

b.

That offering the residential unit as a short term rental complies with applicable condominium documents, ordinances, leases, and any or all other applicable governing documents.

2.

Fees. Units shall be annually recorded in the short term rental registry and pay an annual registration fee to the City of Medford in the amount of $200.00.

3.

Re-registration upon unit turnover. A registration shall be tied to both the residential unit and the operator and will not automatically transfer upon the sale of the unit. New operators are responsible for ensuring that they re-register with the building department to obtain a new registration number if they wish to continue to list the residential unit on the short term rental registry.

94-8.4.14 Penalties; Enforcement. No person or entity may offer a residential unit as a short term rental in violation of this article. No booking agent may accept a fee for booking a residential unit which is in violation of this chapter, provided that the city has first notified the booking agent of such violation of the residential unit. All violations of this section may be penalized by a noncriminal disposition as provided for in M.G.L.A. c. 40, § 21D. All violations of this section are subject to penalty in accordance with section 1-13 of the Medford Code of Ordinances. Each day on which a violation exists shall be deemed a separate and distinct offense. The provisions of this section may also be enforced, if applicable, by the commissioner seeking an injunction from a court of competent jurisdiction prohibiting the offering of the short term rental. Nothing herein shall be construed to preclude the city from seeking any additional penalties or taking any additional enforcement action as allowed for by law.

1.

The commissioner may enter into agreements with booking agents or any other third parties for assistance in enforcing the provisions of this section.

2.

Violations may include any failure to abide by this section including but not limited to, offering an ineligible unit, failure to furnish a copy of the booking agent listing or include required parking information in such listing, failure to furnish a community information card to guests or furnishing such card without the required minimum information, or failure to remit any required excise tax or surcharge as required by law. Unpaid taxes or surcharges shall also be liened against the property.

94-8.4.15 Regulations. The commissioner shall have the authority to promulgate regulations to carry out the provisions of this section.