Melrose City Zoning Code
ARTICLE V
Use Regulations
§ 235-5.1 General provisions.
No building, structure or land shall be used except as permitted in the district as described in this article. Zoning overlay district regulations are found in Article VII (Overlay Districts and Special Regulations).
§ 235-5.2 Permitted uses.
A.
The permitted uses for each zoning district are listed in the attached Table of Use and Parking Regulations, Table 5.2, which is declared to be a part of this chapter.[1]
Table key: |
P: Use permitted by-right except as noted below. |
S: Use requires a special permit in order to be established by the Zoning Board of Appeals. |
x: Use is not permitted in the district. |
[1]
Editor's Note: This table is included as an attachment to this chapter.
B.
Any use not listed in the table is considered to be prohibited.
C.
Mixed-use is allowed and the individual uses must be allowed in the Table of Use and Parking Regulations for the district.
D.
The establishment of a use may require site plan approval as specified in § 3.2.
§ 235-5.3 Standards for certain uses.
[Amended 4-7-2025 by Order No. 2025-2; 6-16-2025 by Order No. 2025-5]
The following standards apply to the following uses.
B.
Multifamily as part of mixed-use structure.
(1)
In mixed-use structures when residential is included all dwelling units shall be above the first floor level.
C.
Home occupation.
(1)
Home occupations shall be permitted in a dwelling as an accessory use.
(2)
No person other than the residential occupant(s) shall be employed therein.
(3)
The use can only be conducted within the principal building.
(4)
No more than 40% of the existing gross floor area not to exceed 600 square feet can be devoted to such use, including storage of goods, materials and equipment related to the home occupation.
(5)
There shall be no display of goods or wares visible from the street, and equipment or materials used in the home occupation shall be stored entirely inside the dwelling.
(6)
The occupied buildings or premises shall not be rendered objectionable or detrimental to the residential nature of the neighborhood due to the exterior appearance, traffic, emission of odor, gas, smoke, dust, noise, electrical disturbance or any other safety hazard or nuisance.
(7)
In a multifamily dwelling, the use shall in no way become objectionable or detrimental to any residential use within the multifamily structure.
(8)
The building or premises occupied shall not include any external design feature or appearance not customary in residential buildings.
(9)
No home occupation shall generate traffic, including pickup and deliveries, and/or parking that exceeds that normally expected in the residential neighborhood.
(10)
Not more than one commercial vehicle in connection with such home occupation shall be stored on the premises. A conforming off-street parking space shall be provided for any such commercial vehicle.
(11)
A special permit acted on by the Zoning Board of Appeals is required if a home occupation results in more than 10 patron or client visits to the premises per week or if it involves one or two, but not more than two, employees who reside outside of the residence.
D.
Commercial parking, repair and service.
(1)
The parking of a commercial vehicle with a registered gross weight in excess of 10,000 pounds shall be prohibited in any residential district.
(2)
There shall not be any business operation for vehicle repair for profit or gasoline or oil service facilities or any repair made to any motor vehicles except on a lot occupied by a permitted automotive use.
(3)
Any gasoline or oil facilities shall be at least 25 feet from any lot line.
E.
Outdoor storage.
(1)
There shall not be any storage of materials or equipment or display of merchandise within a required parking area except as part of an approved site plan or special permit.
F.
Accessory Dwelling Unit (ADU).
(1)
An ADU is a self-contained housing unit inclusive of sleeping, cooking and sanitary facilities, located on the same lot as a principal building that contains at least one dwelling unit.
(2)
The ADU must be in either the principal building, attached to it or in a detached accessory building.
(3)
An ADU's gross floor area shall not exceed the lesser of (a) 1/2 of the gross floor area of the largest dwelling unit, or (b) 900 square feet.
(4)
Only one ADU shall be allowed per lot.
(5)
An ADU may not be rented or leased in exchange for payment for a duration of 31 consecutive calendar days or less.
(6)
Site plan review shall be required to establish an ADU on a lot with three or more dwelling units. The Planning Board shall not consider the following site plan review criteria for these applications as they are not applicable: § 235-3.2F(6)(g), (h), (i) and (j).
(7)
An ADU shall conform to the following design requirements:
(a)
Entrances. A separate entrance must be maintained either directly from the outside or through an entry hall or corridor shared with the principal building sufficient to meet the requirements of the Building Code for safe egress.
[1]
For detached units, the primary entrance is not permitted on the rear of the structure or side closest to the nearest abutter.
[2]
For units within the principal building, an additional entrance may be constructed on the front facade of the principal building, as long as it appears secondary to the principal entrance. If the primary entrance to the ADU is located above the first floor of the principal building, no exterior stairways shall be located on the front of the house.
(b)
Decks and balconies on detached ADUs are not permitted on the rear or the side closest to the nearest abutter.
(c)
Exterior alterations to a principal building, existing accessory structure or the creation of a detached ADU, are permitted provided the following design elements are of equal or better quality and detailing than the principal building:
[1]
Exterior finish material including type, size, and placement.
[2]
Roof pitch, materials, and details.
[3]
Trim type, size, and location.
[4]
Window patterns, scale and orientation. The Building Commissioner, or designee, in consultation with the Planning Director will determine if this criterion has been met.
(8)
Pre-existing nonconforming accessory buildings.
(a)
Accessory buildings constructed prior to February 2, 2025, that comply with the Building Code, entrance requirements, and with the gross floor area requirements may be used as ADUs, subject to Site Plan Review. The Planning Board shall not consider the following Site Plan Review Criteria for these applications as they are not applicable: § 235-3.2F(6)(g), (h), (i) and (j).
(b)
Otherwise, a special permit from the Zoning Board of Appeals is required to convert an accessory building into an ADU. To grant the permit, the Board must find that the use of the structure is not substantially more detrimental to the neighborhood. In judging detriment, the Board may consider impacts to abutters considering the context of the built environment and surrounding land use, the scale of the structure and shadows if altered in height, visual and noise impacts, or other impacts as applicable.
(10)
No new driveway entrance or exit from a street shall be constructed on a lot with an ADU. Vehicle access shall be limited to the driveway serving the principal building.
G.
Brewery use.
(1)
An establishment whose principal use is to produce and serve beer, ale or other malt beverages to be consumed on the premises.
(2)
Seating may be located within an enclosed building and outdoors.
(3)
All production and storage activities are to be conducted within an enclosed building.
(4)
The establishment shall only sell alcoholic beverages produced by the establishment or produced for the brewery and sold under the brewery brand name.
(5)
The establishment may sell food and nonalcoholic beverages that are produced on-site, produced off-site, or produced with food trucks that are located on-site.
(6)
Allowed accessory uses include: retail sales of the product to customers for consumption off-premises and commercial goods branded by the establishment, distribution of the product for off-premises sales as is allowed in the Use Table and state law, and/or tours of the production facility.
(7)
The facility shall hold the appropriate Commonwealth of Massachusetts licensure as well as any required pouring permit approved by the local licensing authority.
H.
Adult uses.
(1)
Adult uses consist of adult bookstore, adult club, adult motion-picture theater, adult paraphernalia store or adult video store.
(2)
Adult uses shall be permitted only when located outside the area circumscribed by a circle which has a radius consisting of the following distances from the specified use or zoning district. The radius distance shall be measured by following a straight line, without regard to intervening buildings or structures, from the nearest point of the property parcel upon which the proposed use is to be located to the nearest point of the parcel of property for the land use district boundary line from which the proposed adult use is to be separated.
(3)
Adult uses shall be permitted only when located 300 feet from any other adult use.
(4)
Nothing in this chapter is intended to authorize, legalize or permit the establishment, operation or maintenance of any business, building or use which violates any City ordinance or statute of the Commonwealth of Massachusetts regarding public nuisances, sexual conduct, lewdness or obscene or harmful matter or the exhibition or public display thereof.
I.
Registered marijuana dispensaries.
(1)
Purpose.
(a)
To allow for the establishment of registered marijuana dispensaries (RMDs) as they are authorized pursuant to state regulations set forth at 935 CMR 501.000, Implementation of an Act for the Humanitarian Medical Use of Marijuana.
(b)
To minimize the adverse impacts of RMDs on adjacent properties, residential neighborhoods, schools and other places where children congregate, and other land uses potentially incompatible with said facilities.
(c)
To regulate the siting, design, placement, security, safety, monitoring, modification, and removal of RMDs.
(2)
Applicability.
(a)
The provisions of this section shall be applicable to all RMDs. Nothing in this section shall be construed to supersede any state or federal laws or regulations governing the sale and distribution of narcotic drugs.
(3)
General requirements for all registered marijuana dispensaries.
(a)
Location and operation.
[1]
An RMD shall be located in, and conduct all operations within, an enclosed, permanent building.
[2]
An RMD shall be limited to 5,000 square feet of gross floor area.
[3]
All publicly accessible entrances shall be visible from a public way.
[4]
Drive-through windows and/or any interactions or sales to customers within vehicles are prohibited.
[5]
Registered marijuana dispensaries shall not be located inside a building containing residential dwelling units, including transient housing, group housing, hotels, motels, lodging houses, and/or dormitories.
[6]
An RMD entrance may not be closer than 500 feet from the nearest school entrance.
[a]
The buffer zone distance of 500 feet shall be measured in a straight line from the geometric center of the RMD entrance to the geometric center of the nearest school entrance, unless there is an impassable barrier within those 500 feet; in these cases, the buffer zone distance shall be measured along the center of the shortest publicly-accessible pedestrian travel path from the geometric center of the RMD entrance to the geometric center of the nearest school entrance.
[i]
An "impassible barrier" is a highway, public or private way or path, inaccessible structure, body of water, or other obstruction that renders any part of the 500-foot straight-line distance between a marijuana establishment entrance and a school entrance inaccessible by a pedestrian or automobile.
[ii]
"School entrance" is the entrance(s) that provide ingress and egress to students of the preexisting public or private or private school providing education in kindergarten or any grades 1 through 12 at the time of the newspaper publication of the proposed marijuana establishment's community outreach meeting under 935 CMR 500.101, Subdivision (1)(a)9.a.
[iii]
"RMD entrance" means the entrance or entrances that provides ingress and egress to consumers, registered qualifying patients and caregivers to the RMD.
[7]
Hours of operation of RMDs shall be set by the Special Permit Granting Authority, but in no event shall an RMD be open to the public, performing deliveries, and/or otherwise operating between the hours of 8:00 p.m. and 8:00 a.m.
[8]
There shall be no smoking, burning, or consumption of any product containing marijuana or marijuana-related products on the premises, including all buildings, accessory structures, parking lots or parking areas, walks and/or immediate surroundings located on the same lot/parcel as the RMD.
[9]
All RMDs shall be ventilated in such a manner that no pesticides, insecticides or other chemicals or products used in cultivation or processing are dispersed into the outside atmosphere, and so that no odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the RMD or at any adjoining use or property.
(b)
Signage.
[2]
Signs shall only identify the establishment by its registered name.
[3]
Signs shall not utilize graphics related to marijuana or paraphernalia on the exterior of the building in which the RMD is located.
[4]
At every publicly accessible entrance, there shall be at least one sign that includes the language "Registration card issued by the MA Department of Public Health required." The required text shall be a minimum of two inches in height.
[5]
Signs shall not be illuminated after closing. Neon and flashing signage is prohibited.
(c)
Security.
[1]
Registered marijuana dispensaries shall provide the Melrose Police Department and Building Commissioner with the names, phone numbers, and e-mail addresses of all management staff and key holders to whom one can provide notice if there are operating problems associated with the establishment and update that list whenever there is any change in management staff or key holders.
[2]
Solid waste dumpsters or other waste containers shall be locked and enclosed by a screening enclosure so as not to be accessible to the public.
[3]
Landscaping elements must be non-obtrusive. The placement of landscaping elements for the RMD must ensure landscaping elements, including trees, bushes, and other foliage, do not allow for a person or persons to conceal themselves at night.
[4]
The exterior grounds, including the parking lot and landscaped areas, shall be lighted in such a manner that all areas are clearly visible at all times during business hours.
(4)
Special permit. For RMD special permits, the Planning Board is the Special Permit Granting Authority. The Planning Board may grant a special permit for an RMD in the BB and I Zoning Districts if the Board finds that the proposal satisfies the purposes set forth in this section, the general requirements and conditions for all RMDs, the special permit findings in the Zoning Ordinance, and the following statements, regulations, requirements, conditions, and limitations.
(a)
Application requirements are found in the Rules and Regulations for the Planning Board.
(b)
Findings. In addition to the findings required by § 235-3.2, the Planning Board shall not issue a special permit for an RMD unless it finds that:
[1]
The RMD meets a demonstrated local and regional need based on the proximity of other RMDs serving the City's qualifying patients;
[2]
The RMD is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest;
[3]
The RMD meets all other applicable requirements of the Zoning Ordinance and the permitting requirements of all applicable agencies of the Commonwealth of Massachusetts and the City of Melrose, and will otherwise comply with all applicable state and local laws and regulations;
[4]
The RMD provides a secure indoor waiting area for patients;
[5]
The RMD is designed to provide convenient, safe, and secure access and egress for clients and employees;
[6]
The RMD addresses issues of vehicular and pedestrian traffic, circulation, parking and queuing, especially during peak periods at the RMD; and
[7]
The RMD provides adequate security measures to ensure that no individual participants will pose a threat to the health or safety of other individuals, and that the storage and/or location of cultivation of marijuana is adequately secured in enclosed, locked facilities.
(c)
Conditions. The Planning Board may impose conditions reasonably appropriate to improve site design, traffic flow, public safety, and air quality and preserve the character of the surrounding area and otherwise serve the purpose of this section.
(5)
Annual reporting. Each RMD permitted shall as a condition of its special permit file an annual report to the Special Permit Granting Authority, the Board of Health, the Building Commissioner, the Police Department, and the City Clerk no later than January 31, providing a copy of all current applicable state licenses for the RMD and/or demonstrate continued compliance with 935 CMR 501.000 as well as the conditions of the special permit.
J.
Marijuana establishments.
(1)
Purpose. The purpose of this section is to permit state-licensed marijuana establishments to operate in select locations in the City of Melrose, pursuant to local requirements that seek to protect the health, safety, and public welfare of residents and in accordance with Chapter 94G of the Massachusetts General Laws, and regulations promulgated by the Cannabis Control Commission, 935 CMR 500.000 ("Adult Use of Marijuana").
(2)
Applicability. The provisions of this section shall be applicable to all marijuana establishments in the City of Melrose, with the exception of registered marijuana dispensaries (RMDs). Regulations for RMDs can be found in § 235-5.3.
(3)
General requirements.
(a)
Location and operation.
[1]
Marijuana establishments are permitted as allowed in the Table of Use and Parking Regulations, Table 5.2.
[2]
All marijuana establishments shall be located in, and conduct all operations within, an enclosed, permanent building, except to the extent that authorized business operations involve transportation of marijuana or marijuana products in motor vehicles.
[3]
Marijuana establishments may cultivate, process, test, store and manufacture marijuana or marijuana products only within an area that is enclosed and secured in a manner that prevents access by persons not permitted by the marijuana establishment to access the area.
[4]
No marijuana establishment shall allow cultivation, processing, manufacture, sale or display of marijuana or marijuana products to be visible from a public place without the use of binoculars, aircraft, or other optical aids.
[5]
All marijuana establishments shall be ventilated in such a manner that no pesticides, insecticides or other chemicals or products used in cultivation or processing are dispersed into the outside atmosphere, and so that no odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the marijuana establishment or at any adjoining use or property.
[6]
There shall be no smoking, eating, or other forms of consumption of any product containing marijuana or marijuana-related products on the premises, including all buildings, accessory structures, parking lots or parking areas, walks and/or immediate surroundings located on the same lot/parcel as the marijuana establishment.
[7]
Marijuana establishments shall not permit any disorder, disturbance, or illegality under state or local law of any kind on the premises, including all buildings, accessory structures, parking lots or parking areas, walks and/or immediate surroundings located on the same lot/parcel as the marijuana establishment.
[8]
Hours of operation of marijuana establishments shall be set by the Special Permit Granting Authority.
[9]
Drive-through windows and/or any interactions or sales to customers within vehicles are prohibited.
[10]
Marijuana establishments are prohibited from use of on-site self-service displays, including vending machines, through which customers may select marijuana or marijuana products without assistance from an employee or store personnel.
(b)
Sign.
[2]
Signs shall only identify the marijuana establishment by its registered name and shall not utilize graphics related to marijuana or paraphernalia on the exterior of the building in which the establishment is located.
[3]
Signs shall not be illuminated after closing and neon and flashing signage is prohibited.
(c)
Additional location requirements.
[1]
A marijuana establishment entrance may not be closer than 500 feet from the nearest school entrance.
[a]
The buffer zone distance of 500 feet shall be measured in a straight line from the geometric center of the marijuana establishment entrance to the geometric center of the nearest school entrance, unless there is an impassable barrier within those 500 feet; in these cases, the buffer zone distance shall be measured along the center of the shortest publicly-accessible pedestrian travel path from the geometric center of the marijuana establishment entrance to the geometric center of the nearest school entrance.
[i]
An "impassible barrier" is defined as a highway, public or private way or path, inaccessible structure, body of water, or other obstruction that renders any part of the 500-foot straight-line distance between a marijuana establishment entrance and a school entrance inaccessible by a pedestrian or automobile.
[ii]
"School entrance" is the entrance(s) that provide ingress and egress to students of the preexisting public or private or private school providing education in kindergarten or any grades 1 through 12 at the time of the newspaper publication of the proposed marijuana establishment's community outreach meeting under 935 CMR 500.101, Subdivision (1)(a)9.a.
[iii]
"Marijuana establishment entrance" is the entrance or entrances that provide(s) ingress and egress to consumers, registered qualifying patients and caregivers to the marijuana establishment.
[2]
Marijuana product manufacturing shall not be done in any building containing assembly, educational, health care, ambulatory health care, residential board and care, residential, or detention and correctional facilities.
[3]
Marijuana transportation or distribution facilities shall not occupy street-level space.
(d)
Security.
[1]
Marijuana establishments shall provide the Melrose Police Department and Building Commissioner with the names, phone numbers, and e-mail addresses of all management staff and key holders to whom one can provide notice if there are operating problems associated with the establishment and update that list whenever there is any change in management staff or key holders.
[2]
Solid waste dumpsters or other waste containers shall be locked and enclosed by a screening enclosure so as not to be accessible to the public.
[3]
Landscaping elements must be nonobtrusive. The placement of landscaping elements for the marijuana establishment must ensure landscaping elements, including trees, bushes, and other foliage, do not allow for a person or persons to conceal themselves at night.
[4]
The exterior grounds, including the parking lot and landscaped areas, shall be lighted in such a manner that all areas are clearly visible at all times during business hours.
[5]
Marijuana establishments shall secure every entrance to the marijuana establishment so that access to areas containing the storage of marijuana products are restricted to employees and others permitted by the marijuana establishment to access the area and to Cannabis Control Commission or state and local law enforcement officers, agents, and emergency personnel.
[6]
Marijuana establishments shall secure their inventory and equipment during and after operating hours to deter and prevent theft of marijuana, marijuana products, and marijuana accessories.
(4)
Special permit. For special permits for marijuana establishments, the Planning Board is the Special Permit Granting Authority. The Planning Board may grant a special permit for a marijuana establishment as allowed herein if the Board finds that the proposal satisfies the purposes set forth in this section, the general requirements and conditions for marijuana establishments, the special permit findings in the Zoning Ordinance, and the following statements, regulations, requirements, findings, conditions, and limitations. Applications for a special permit for a marijuana establishment shall not be subject to site plan review (§ 235-3.2).
(a)
Requirements.
[1]
It shall be unlawful for any person to operate a marijuana establishment without obtaining a special permit to operate pursuant to the requirements of this section.
[2]
A separate special permit is required for each different marijuana establishment detailed in § 235-2.2, Definitions. In the case that one or more different types of marijuana establishments are proposed, each establishment type shall require a special permit from the Planning Board.
[3]
The special permit requirements set forth in this chapter shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state, or local law.
[4]
The issuance of a special permit pursuant this chapter does not create an exception, defense, or immunity to any person or entity in regard to any potential criminal liability the person or entity may have for the production, distribution, or possession of marijuana.
[5]
A special permit issued for a marijuana establishment is not transferable or assignable to a different location or a different type of marijuana establishment.
(b)
Application materials shall be found in the Rules and Regulations for the Planning Board.
(c)
Findings. In addition to the findings required by § 235-3.2E, the Planning Board shall not issue a special permit for a marijuana establishment unless it finds that:
[1]
The marijuana establishment complies with all applicable state and local laws, regulations, and requirements, including, but not limited to, health and safety regulations, and construction and environmental requirements;
[2]
The building and site have been designed to be compatible with other buildings and sites in the area;
[3]
The siting of the marijuana establishment will be accomplished so as to minimize any adverse impacts on abutters and other parties in interest;
[4]
The marijuana establishment will create no substantial harm to the established or future character of the neighborhood or City;
[5]
With due consideration to aesthetics, the marijuana establishment is designed to ensure convenient, safe, and secure access for the personal safety of customers and those working at the facility, and to protect the premises from theft and diversion of marijuana;
[6]
The applicant has demonstrated the availability and provision of adequate access, utilities, and other infrastructure and that the operation of the marijuana establishment will not adversely affect such access, utilities, and infrastructure;
[7]
The applicant addresses issues of vehicular and pedestrian traffic, circulation, parking and queuing, especially during peak periods at the marijuana establishment; and
[8]
The marijuana establishment provides adequate security measures to ensure that no individual participants will pose a threat to the health or safety of other individuals, and that the storage and/or location of cultivation of marijuana is adequately secured in enclosed, locked facilities.
(d)
Conditions. The Planning Board may impose conditions reasonably appropriate to improve site design, traffic flow, public safety, and air quality and preserve the character of the surrounding area and otherwise serve the purpose of this section. As a condition of this special permit, all marijuana establishments shall meet with the Melrose Fire Department and Melrose Police Department to discuss emergency and contingency plans for the site. Prior to the issuance of a certificate of occupancy by the Building Commissioner, a written emergency response plan shall be filed with the Melrose Fire Department and the Melrose Police Department that includes employee roles and responsibilities, locations of fire suppression systems, evacuation routes, and meeting locations during an emergency.
(5)
Inspections and reporting.
(a)
Marijuana establishments shall consent to unannounced, unscheduled, periodic inspections of its premises by the Building Commissioner or designee, including an agent from the Building, Health, Police, and Fire Departments on weekdays during normal business hours to determine the marijuana establishment's compliance with the requirements of applicable state and local laws, regulations, codes, license and permit conditions, and this section.
(b)
Routine inspections may be made on weekdays during regular City business hours by authorized inspectional departments to determine compliance with applicable state and local laws, regulations, codes, and license and permit conditions. Inspections by the authorized inspectional departments may be made at other times to investigate complaints or suspected noncompliance issues.
(c)
Inspections may include all areas occupied, used, or controlled by the marijuana establishment. Inspections shall be conducted in conformity with applicable federal, state, and local law.
(d)
Each marijuana establishment permitted shall as a condition of its special permit file an annual report to the Special Permit Granting Authority, the Board of Health, the Building Commissioner, the Police Department, and the City Clerk no later than January 31, providing a copy of all current applicable state licenses for the marijuana establishment and/or demonstrating continued compliance with 935 CMR 500.000 as well as the conditions of the special permit.
(6)
Abandonment or discontinuance of use.
K.
Wireless communications service facilities.
(1)
This section provides for the regulation and restriction of the construction, erection, installation, placement and/or use of wireless communications service facilities (WCSF) and the protection of the general public from the impact associated with WCSF to:
(a)
Minimize the adverse impacts of WCSF on adjacent properties and residential neighborhoods.
(b)
Limit the City-wide overall number and height of WCSF to what is essential.
(c)
Encourage the most appropriate use of the land and maintain the residential character of the City.
(d)
Promote shared use of existing WCSF to reduce the need for new facilities.
(e)
Guide sound development while promoting the health, safety and general welfare of the City consistent with applicable federal law.
(2)
Wireless communications service facilities lawfully in existence before the effective date of this article shall be maintained and shall be kept in good condition.
(3)
A WCSF that is unused or abandoned for a period of 90 days must be removed by the property owner and the property restored to its natural condition. Any construction shall be governed by this chapter. The Building Commissioner shall receive at least 30 days' notice of the intent to discontinue use of any WCSF.
(4)
This article does not apply to the construction or use of facilities by a conforming federally licensed amateur radio used in accordance with said license as protected by MGL c. 40A, § 3, or television antennas, including satellite dishes which are accessory to a residential use and protected by federal law.
(5)
For a wireless communications service facility (WCSF), in addition to the applicable conditions contained in this chapter and conditions specifically imposed by the Zoning Board of Appeals, the following conditions shall apply:
(a)
An applicant proposing a WCSF must demonstrate that there are no other adequate WCSF reasonably available to accommodate the new or additional WCSF equipment. To the extent feasible, all service providers shall co-locate on a single facility. The intent of this requirement is to reduce the number of facilities that will be required within the community.
(b)
The only freestanding WCSF allowed is a monopole.
(c)
No freestanding facility shall exceed more than 80 feet in height above grade.
(d)
Facilities mounted on buildings may not extend more than 10 feet above the height of the building or more than 12 inches beyond the face of walls or exterior surfaces in the case of structures that do not have walls. For purposes of this subsection, height of a building shall mean "height" as defined in Article II of this chapter.
(e)
Roof-mounted facilities must be stepped back from the front facade to limit the impact on building silhouette and, where possible, concealed from public view.
(f)
Trees and vegetation shall be used as a buffer zone for freestanding WCSF. Such buffer zone shall measure at least five feet in height and shall be maintained in healthy condition. It is not intended to interfere with the operation of the facility. In cases where vegetation already exists efforts will be made to preserve such vegetation or replace with similar vegetation. In areas where buffer zones of trees and vegetation must be implanted, the Planning Board shall review and recommend what trees and vegetation shall be implanted on the property.
(g)
The color of the facilities shall be painted a neutral color or such color that will blend and minimize the facility's appearance.
(h)
Fencing shall be used to control access and shall be aesthetically compatible with the area. Razor wire, barbed wire or a similar wire shall not be allowed.
(i)
Night and other lighting shall be prohibited except as required by the FAA. Any emergency or repair lighting shall be shielded from abutting properties and only used for a reasonable time as necessary for such emergency or repair.
(j)
There shall be no advertising permitted on or in the vicinity of the facilities, except for no trespassing signs. An unlighted sign no more than one square foot in surface area shall be displayed with a name and telephone number of a contact person to call for 24-hour maintenance.
(k)
Traffic associated with the facility and accessory facilities and structures shall not adversely affect abutting ways.
(l)
Certification by a licensed structural professional engineer of the integrity of the facility and, when installed on an existing building or facility, certification as to the capability of the structure to accept the added load being installed.
(m)
Stormwater runoff shall be contained on site or discharged to the City stormwater system.
(n)
A wireless communications service facility shall not generate noise in excess of the levels permitted under the Chapter 164, Noise, of this Code or in excess of 50 decibels, whichever is less.
(o)
A freestanding facility shall not be erected nearer to any property line than a distance equal to the vertical height of the facility measured at the mean finished grade of the facility plus five feet.
(p)
All facilities shall be designed to be constructed at the minimum height necessary to accommodate the anticipated and future use.
(q)
Structures are to be aesthetically consistent with the area in which they are located.
(r)
An applicant proposing a WCSF in a residential zoning district shall demonstrate that the facility must be located at the proposed site due to technical, topographical or other unique circumstances.
(6)
Special permits under this section shall be for a term of five years from the date of the decision approving the special permit. An applicant for a special permit may reapply at any time after the fourth anniversary of the date of the decision approving the special permit. In the event a renewal of a special permit is granted, it shall run for a period of five years commencing on the date of expiration of the prior special permit.
(7)
The Planning Board shall have the authority by special permit to waive any requirements of this section as necessary to comply with the federal Telecommunications Act of 1996 and regulations promulgated thereunder.
§ 235-5.4 Affordable housing.
A.
Purposes. The purposes of this section are to promote the public health, safety and welfare by encouraging the expansion and upgrading of the City's housing stock; to provide for a full range of housing choices throughout the City for households of all incomes, ages and sizes in order to meet the City's goal of preserving diversity; to increase the production of affordable housing units to meet existing and anticipated housing and employment needs within the City; to ensure addition of affordable units on the Commonwealth's Chapter 40B Subsidized Housing Inventory ("SHI"); to provide a mechanism by which residential development contributes in a direct way to increasing the supply of affordable housing; and to establish standards and guidelines for such contributions.
B. AFFORDABLE UNIT DEVELOPER SUBSIDIZED HOUSING INVENTORY
Definitions. As used in this section, the following terms shall have the meanings indicated:
A dwelling unit that satisfies the requirements of Massachusetts Executive Office of Housing and Livable Communities (EOHLC) for inclusion on the City's SHI.
Any individual, corporation, business trust, real estate trust, partnership or association, or any other entity or combination thereof applying for, constructing, and/or managing a development to which this section applies.
The Subsidized Housing Inventory (SHI) maintained by EOHLC, as set forth in 760 CMR 56.
C.
Applicability and requirements.
(1)
Development applicability. The provisions of this section shall apply to any residential or mixed-use development containing five or more dwelling units by new construction, redevelopment of a structure or substantial rehabilitation of existing units, including lodging and rooming house dwellings, planned developments and phased projects. "Phased projects" are any development at one or more adjoining sites in common ownership or under common control, in whole or in part, developed within a period of three years. "Developed within a period of three years" shall mean that no more than three years elapse between the issuance of an occupancy permit for one site and the filing for a zoning permit or building permit for the adjoining site(s). These provisions shall apply with respect to developments in all zoning districts of the City, provided that the provisions of this section shall not apply to any development which has previously received a special permit or variance from the relevant permit granting authority containing conditions requiring the inclusion of affordable housing in such development, nor to any such development which is subsequently modified in accordance with the provisions of this section, provided that such affordable housing inclusion conditions remain substantially unchanged as a result of any such modification.
(2)
Number of units to be provided. A developer subject to these provisions shall provide 15% of the total number of dwelling units as affordable units. Where the application of that formula results in a fraction, a fraction of 1/2 or more shall be rounded up to the next whole number. Where the application of that formula results in a fraction of less than 1/2 a monetary contribution to the Melrose Affordable Housing Trust is required for the fractional amount. For an ownership unit, the monetary contribution shall be equal to the fraction multiplied by the difference between the fair market value of a comparable market-rate unit recently sold within the City of Melrose and the price of an affordable unit in the development. For a rental unit, the monetary contribution will be calculated using the same procedure as for an ownership unit, assuming the value of the unit if it was sold rather than rented. Monetary contributions shall be made prior to issuance of certificates of occupancy for the market rate units in the development. A developer is allowed to provide an additional affordable unit that complies with the regulations in the section instead of providing the monetary contribution.
(3)
Income limits. Affordable units shall serve eligible households whose annual incomes do not exceed 80% of the median income of households in the Boston-Cambridge-Quincy MSA/HMFA adjusted for family size and whose assets do not exceed those allowed by EOHLC for the unit to be eligible for inclusion on the SHI.
(4)
Cost. The monthly rent payment, including utility allowances, charged for a rental affordable unit shall not exceed an amount equal to 30% of the maximum monthly income of an eligible household. The monthly housing costs for an ownership affordable unit (inclusive of principal, interest, private mortgage insurance, hazard insurance, real estate taxes, and condominium fees) shall not exceed 38% of monthly income for a household earning 70% of area median income, adjusted for household size. The terms of the loan, the amount of the down payment, and interest rates are taken into consideration in setting the precise income requirements for each for-sale affordable unit. After the initial lottery to sell the unit, ownership affordable units shall be offered at a price no less than 5% below the maximum allowable sales price to allow for an adequate number of potential buyers that may qualify for the unit, though the seller is permitted to sell to the highest qualified bidder for the units.
(5)
Relationship to the SHI. The affordable units shall qualify as local action units in compliance with the provisions of the Local Initiative Program (LIP) regulations, 760 CMR 56.00, for inclusion on the Subsidized Housing Inventory (SHI) or any successor inventory. Failure to gain approval or maintain compliance with the criteria for inclusion on the SHI, or removal of an affordable unit from the SHI for any reason, shall be deemed to be noncompliance with this section.
(6)
Location. Affordable units shall be provided on site unless the Planning Board by special permit allows the fulfillment of the requirement off-site in comparable units which may only occur when extraordinary circumstances exist. Off site units shall not be directly subsidized by public funding sources. Units are comparable if they consist of the same number of bedrooms and include the same basic finishes and amenities as would be provided on-site.
(7)
Payment-in-lieu. A development of five, six or seven units has the option of providing one affordable unit on-site or making a monetary contribution to the Melrose Affordable Housing Trust in lieu of providing the affordable unit on-site. The monetary contribution shall be equal to 3% of the total sale or market value of all the units in the development. The Melrose Affordable Housing Trust will use the funds exclusively to promote the City's affordable housing goals. Monetary contributions shall be made each time a unit sells and for rentals prior to the issuance of the last Certificate of Occupancy for the development.
(8)
Duration. Affordable units shall be maintained in perpetuity.
D.
Incentives. To facilitate the objectives of this section, the following modifications to the dimensional and parking requirements in any zoning district may be permitted by special permit by the Planning Board for a development of eight or more units that provides affordable units on-site in accordance with Subsection C above.
(1)
For every affordable unit required by Subsection C above, the developer may build one additional unit in the development, regardless of the minimum lot area required for the additional unit or units. Except for the resulting reduction in the minimum lot area, all other dimensional and density regulations shall apply to the development. These additional units shall not be counted as part of the base number of units used to calculate the number of affordable units required in Subsection C(2) above.
(2)
The parking requirement for the development may be reduced by 0.5 space per unit for all of the units, but shall not be less than 1.0 space per unit. The developer shall provide evidence that supports the reduced parking requirements in a report for the Planning Board's consideration. The report may include but is not limited to: proximity to public transit, proximity to available public or shared parking with demonstrated availability to support the project; characteristics of the occupants that create less parking demand, such as age or household income; provision of a mix of uses on site with offset peak parking demand times; a shared parking agreement with proximate properties with offset parking demand times; dedication of spaces for car-sharing services (e.g., Zipcar); and the provision of transit passes for residents.
E.
Standards for construction and occupancy of affordable units.
(1)
Affordable units shall be dispersed throughout the development and shall be comparable in size, number of bedrooms, materials, interior finishes, amenities and parking to dwelling units in the development in which they are located. Exteriors of affordable units shall be consistent with and indistinguishable from the exteriors of other units in the project.
(2)
Affordable units shall have a similar ratio of number of bedrooms to the bedroom mix in the development. The number of persons occupying the affordable units shall be consistent with the state sanitary code and the applicable state and federal guidelines.
(3)
70% of the affordable units shall be offered initially to Melrose residents, persons employed within the City of Melrose, or households with children enrolled in the City of Melrose's schools, as allowed by EOHLC.
(4)
The rental or ownership of affordable units shall mirror the project as a whole. For example, affordable units should be sold, not rented, where a majority of units will be offered for sale.
F.
Administration and enforcement.
(1)
The affordable units shall be subject to proper deed restrictions consistent with Massachusetts General Law.
(2)
The developer shall use the EOHLC Local Initiative Program (LIP) Regulatory Agreement and, in the case of ownership units, the Universal Deed Rider, which shall, at a minimum, identify and describe the affordable dwelling units in the development, an inventory of the units, condition of the units, monitoring of eligibility and terms of their sale or lease.
(3)
The developer is responsible for creating and implementing a marketing plan for the affordable units that is approved by EOHLC and the Office of Planning and Community Development (OPCD). The plan must describe the household selection process, set forth a plan for affirmative fair marketing to protected groups underrepresented in the municipality, describe outreach efforts and include provisions for a lottery. OPCD will monitor the marketing process to ensure compliance with the approved marketing plan. When feasible, OPCD may opt to assist the developer in marketing the affordable units.
(4)
The developer is responsible for the application process and lottery to establish tenants or buyers for the affordable units. The affordable housing lottery shall take place prior to the Inspectional Services Department issuing Certificates of Occupancy for the affordable units. When feasible, OPCD may assist with the lottery.
(5)
The developer shall work with OPCD to submit an application to the EOHLC LIP for inclusion of the affordable units on the City's SHI. The developer shall provide the information needed for the City to submit the LIP application before the issuance of the certificates of occupancy for the affordable units.
(6)
Annually, the developer shall submit to OPCD and EOHLC a proposed schedule of monthly rents and utility allowances for all rental affordable units in the project. Such schedule shall be subject to the approval of OPCD and EOHLC for compliance with the requirements of the Regulatory Agreement. For ownership units, the owner of an affordable unit shall certify in writing annually to OPCD and EOHLC that he/she continues to occupy the unit as a primary residence, the unit has not been refinanced and that it has been maintained in a manner consistent with the Regulatory Agreement and the Deed Rider. If the unit is resold, the owner must report to OPCD and EOHLC that the purchase is being been done in compliance with all of the terms and provisions of the Deed Rider and Regulatory Agreement.
(7)
The Planning Board is authorized to adopt rules and regulations to implement this section after a public hearing. These rules and regulations will include, but not be limited to, how to determine details of affordability calculation methodologies and further details on sales prices, unit finishes, and similar aspects of this section that would benefit from additional elaboration.