Melrose City Zoning Code
ARTICLE VII
Overlay Districts Regulations
§ 235-7.1 Smart Growth District
A.
Purpose. The purposes of the Smart Growth District are:
(1)
To promote economic development and neighborhood revitalization through the redevelopment and reuse of industrial buildings and related sites;
(2)
To provide housing options which are sufficient to meet the needs of households at varying income levels and different stages of life;
(3)
To promote high-quality, sustainable design that reinforces and enhances neighborhood identity and minimizes negative impacts on the environment;
(4)
To create a pedestrian-friendly environment that promotes walking, bicycling and transit use, and encourages reduced vehicle ownership; and
(5)
To promote a mix of compatible uses.
B.
C.
Establishment of Smart Growth District.
(1)
The Smart Growth District (SGD) is established as an overlay district that may be applied to land in the Industrial A District as described herein, which is referred to herein as the "underlying district." When a parcel is placed within the SGD, it also remains in the underlying Industrial A District and must comply with the regulations of the Industrial A District except as specifically modified by this § 235-7.1.
(2)
The Smart Growth District includes the following parcels, identified by Assessors' Map and lot numbers as of January 1, 2007. This list of parcels is intended to include all properties shown on the Melrose Zoning Map as the Industrial A District located on lower Washington Street.
Map | Lots |
|---|---|
B1 | 5 |
B2 | 16-18, 17, 19, 20, 21, 35, 36, 37 |
B3 | 57, 58, 58A, and the private way known as Stone Place |
D.
Permitted uses.
(1)
An SGD project may include, and shall be limited to, the following permitted uses, alone or in combination:
(a)
Multifamily residential, including townhouses and apartment buildings and including accessory uses thereto.
(b)
Retail establishments selling convenience goods such as food, drugs and proprietary goods, or general merchandise such as dry goods, apparel and accessories, hardware, home furnishings and similar items, provided that no individual establishment, except such businesses in existence in the Industrial A District at the time of the effective date of this § 235-7.1, shall exceed 15,000 square feet gross floor area.
(c)
Retail food establishment with a floor area of less than 3,000 square feet in conjunction with an off-premises liquor license.
(d)
Personal and consumer services establishments, including beauty and barber shops, clothing rental, dry cleaning pickup shops, garment repair, tailors, and similar businesses providing frequent or recurrent services related to personal needs, and including accessory retail sales of products related to the services offered at such consumer services establishments.
(e)
Professional and business offices, including but not limited to medical, legal, insurance, architects, engineers, and real estate offices. This does not include banks and financial institutions or substance abuse treatment centers.
(f)
Restaurants, coffee shops, and similar establishments selling prepared food to be consumed on or off site.
(g)
Studios of artists or artisans, including persons engaged in the application, teaching, or performance of fine arts such as but not limited to drawing or painting, sculpture, vocal or instrumental music, or writing, and including the accessory sale of art produced on the premises.
(h)
Live/work space, combining a dwelling unit with an integrated work space principally used by one or more of the residents of the unit.
(i)
Brewery without distribution.
(2)
An SGD project may include more than one principal structure on a single lot, provided that the Planning Board finds through the site plan review process that safe and convenient access will be provided to all structures.
(3)
An SGD project shall not include any use which consists of drive-through service, whereby a product or service is provided to a person who remains in a vehicle.
E.
Dimensional and density regulations.
(1)
Lot area and frontage. An SGD project shall have a minimum lot area of 0.5 acre and a minimum frontage on a public way of at least 100 feet.
(2)
Yards.
(a)
Minimum yards. Each lot within the SGD project shall comply with the following requirements:
(b)
Maximum front yard.
[1]
In order to define a consistent building presence along the street, new buildings shall not be set back more than 20 feet from the front property line.
[2]
The maximum front yard may be increased to 30 feet provided that the additional yard area incorporates a courtyard or sitting area at least 1,500 square feet in area and at least 20 feet deep that adjoins and is open on one or more sides to the public sidewalk; is open to the public for exclusive use by pedestrians; contains pedestrian amenities such as seating; and is landscaped to create a separation from the street, to provide shade, to reduce noise, and to mitigate fumes.
[3]
At least 60% of the front side of a lot facing a public street, measured in percentage of linear feet of the frontage, shall be occupied by buildings or open space.
(c)
The Planning Board may require, on the basis of site plan review, an accessway to improve pedestrian circulation and for public safety access.
(3)
Building separation. Buildings on a single lot shall be at least 18 feet apart to provide adequate separation for emergency access.
(5)
Open space.
(a)
An SGD project shall include open space at least equal to the percentage of total lot area as set forth below:
[1]
An SGD project that involves only the rehabilitation of an SGD landmark building, as defined in Subsection G(2), provided that there is no increase in the footprint of the building and the gross floor area is increased by no more than 50%: 10%.
[2]
An SGD project that involves the rehabilitation of an SGD landmark building, regardless of increase in footprint or floor area, and may include new construction: 25%.
[3]
Any other SGD project: 35%.
(b)
The open space requirement shall apply to the SGD project as a whole, regardless of whether the SGD project consists of a single lot or multiple lots.
(c)
In recognition of the increased open space and recreation demands that will result from new residential development, an SGD project shall also contribute to the City's off-site public open space as follows:
[1]
Upon receiving a building permit for any residential units in an SGD project, the applicant shall make a contribution to the City's Open Space Fund in the amount of $1,100 per dwelling unit.
(6)
Building and structure height.
(a)
The maximum permitted height for buildings in an SGD project shall be 60 feet, except as follows:
[1]
No part of a building that is less than 40 feet from a front lot line shall exceed a height of 50 feet.
[2]
No part of a building that is less than 40 feet from a side lot line abutting a residential district shall exceed a height of 50 feet.
[3]
No part of a building that is less than 50 feet from a rear lot line abutting a residential district shall exceed 40 feet. No part of a building that is less than 100 feet from a rear lot line abutting a residential district shall exceed a height of 50 feet.
[4]
No part of a building shall have a height that is greater than its distance to the front lot line of any residentially zoned property on the opposite side of the street, less 25 feet. [For example, if the street right-of-way is 45 feet and the building in an SGD project is set back 15 feet from the property line, the maximum height at that point shall be (45+15)-25 = 35 feet.]
(b)
The height of a building or structure in the SGD shall be defined as the vertical distance from the average grade of Washington Street, along the frontage of the lot/s of the SGD project at the time of the site plan review application, to the top of the structure of the highest roof beams of a flat roof, the deck of a mansard roof or the mean level of the highest gable or slope of a hip roof. This shall supersede the definition of "height" in § 235-2.2 for an SGD project.
(c)
A roof appurtenance enclosing mechanical equipment may exceed the applicable maximum building height established by Subsection E(6)(a) above, provided that:
(d)
Parking structures not integrated into a building primarily for human occupation shall be no more than 28 feet in height to the deck of the highest parking area.
(7)
Building coverage. The maximum permitted coverage by all buildings in an SGD project shall be 50%. This requirement shall apply to the SGD project as a whole, regardless of whether the SGD project consists of a single lot or multiple lots.
(8)
Existing nonconforming buildings. An SGD project may include a building in existence on the effective date of this § 235-71.1 which does not conform to the requirements set forth in Subsection E relating to minimum or maximum front yard, minimum side yard, maximum building height, or minimum building separation. No change shall be made to lot lines, building footprint or building height that further increases any such nonconformity unless the Planning Board determines, based on site plan review, that such change is necessary for structural or access reasons or to meet the design standards of this section.
F.
Off-street parking.
(1)
Off-street parking spaces shall be provided as follows:
Use | Spaces Required |
|---|---|
Residential | 1.0 space per studio or 1-bedroom dwelling unit 1.5 spaces per 2-bedroom dwelling unit 2.0 spaces per 3-bedroom dwelling unit 1.0 visitor space per 10 residential units |
Office and retail | 1.0 space per 350 gross square feet on the ground floor 1.0 space per 500 gross square feet on the floors above ground level |
(3)
On-street parking on public streets and internal ways may be permitted within the Smart Growth District provided all necessary approvals are obtained, but on-street parking on public streets shall not be used to meet the minimum requirements for off-street parking.
(4)
Parking setbacks.
(a)
Surface parking areas shall conform to the following minimum setback requirements:
[1]
From a public street: 30 feet.
[2]
From an internal way (not to include parking lot drive aisles): 10 feet.
[3]
From a structure: 10 feet.
[4]
From a side or rear lot line where the abutting property is within the SG District notwithstanding any other setback provision within this Subsection: five feet.
[5]
From a lot line abutting the railroad right-of-way: five feet.
[6]
From any other side or rear lot line: 10 feet.
(b)
Parking structures shall conform to the following minimum setback requirements:
(c)
No surface parking area or parking structure shall be closer to a public street than the closest principal building.
G.
Design standards. All SGD projects shall comply with the following design standards, unless the Planning Board finds, through site plan review, any standard to be inappropriate for the proposed use.
(1)
Building design.
(a)
New buildings shall be designed to be compatible with SGD landmark buildings, as defined in Subsection G(2) herein, in terms of their massing, size, scale, and architectural features.
(b)
Exterior materials that are primarily associated with domestic residential buildings, such as wood clapboards and shingles, or that are relatively impermanent, such as exterior insulation and finish systems (EIFS), plywood, aluminum and vinyl, are discouraged.
(c)
Building facades shall articulate the line between the ground and upper levels with a cornice, canopy, balcony, arcade, or other visual device.
(d)
Building facades facing public streets or Stone Place, or within 30 feet of main entrances, shall reflect a high level of detail refinement.
(e)
Building facades more than 50 feet in length shall be divided into shorter segments by means of changes in materials, varying rooflines or other architectural treatments.
(f)
Rooftop building systems, such as mechanical and electrical equipment and antennas, shall be screened with appropriate architectural elements from all key observation points.
(g)
New buildings and renovations shall incorporate sustainable design and construction practices as governed by the Energy Star and Water Sense Programs to the extent reasonable, and developers are strongly encouraged to achieve United States Green Building Council LEED certification for their building or its reasonable equivalent.
(h)
For new buildings containing commercial uses, at least 60% of the street-facing building facade between two feet and eight feet in height shall be comprised of clear windows that allow views of indoor space or product display areas. This requirement shall not apply to buildings accessory to residential uses and not open to the general public, such as clubhouses.
(i)
Buildings or building facades shall not be designed primarily according to themes or architectural styles defined by or associated with corporate chains or franchises. The Planning Board may prohibit designs that it finds to be inconsistent with this provision.
(2)
Historic preservation.
(a)
The following buildings or portions of buildings, identified in Figure 1, are designated "SGD landmark buildings."
A - 78 Stone Place |  |
B - 111 Washington Street/72 Stone Place | |
C - 99 Washington Street | |
D - 99B Washington Street |
(b)
No SGD landmark building shall be demolished.
(c)
Any alteration or addition to a SGD landmark building shall not modify its architectural features in such a way as to impair or detract from the building's historic character.
(d)
The Planning Board may prohibit alterations or additions to SGD landmark buildings that it finds to be materially inconsistent with this provision.
(3)
Landscaping.
(a)
Landscape materials shall be sustainable, requiring minimal maintenance, irrigation or fertilizer, and shall be planted with species that are native to the area, tolerant of salt, and capable of withstanding extreme weather conditions.
(b)
Street trees shall be planted by the developer along all public streets and internal ways within and abutting the property.
[1]
Trees shall be planted at intervals of no more than 40 feet along both sides of the roadway. If the Planning Board determines through site plan review that such spacing is not feasible, it may alter the spacing or determine that up to the equivalent number of trees shall be planted elsewhere on the site.
[2]
Trees shall be of a species on the City's approved street tree list, if available. Tree species shall be common to the area, and shall be appropriate species to provide summer shade, winter light, and year-round visual interest.
[3]
Trees shall be 2.5 inches caliper at four feet above grade and reach a height of at least 30 feet at maturity.
(c)
All dumpsters and utility/service areas shall be screened with adequate plantings and/or landscape structures appropriate to the scale and character of the neighborhood.
(d)
A landscaped buffer strip at least 10 feet in width shall be provided along any lot line that abuts a residential zoning district. The buffer strip shall contain a vegetative screen not less than three feet wide and six feet high relative to the lot line, designed and maintained to provide a dense screen year round. The screen shall be planted with trees or shrubs no more than three feet on center. At least 50% of the plantings shall consist of evergreens, distributed along the length of the buffer strip.
(4)
General site design.
(a)
Roadways, sidewalks and other infrastructure shall be designed in accordance with the standards set forth below and, when applicable as a guideline for major roadways, the City of Melrose's Subdivision Regulations. As a guideline, the Planning Board may determine that the intent of the guidelines is met for an internal road without strict adherence to it during the review of a project.
(b)
Sidewalks, crosswalks, walkways, or other pedestrian access shall be provided to allow for safe and convenient access to adjacent properties and between individual buildings, parking areas and other points of interest within a development. Sidewalks and walkways shall be constructed of cementitious concrete and shall be minimally broken by vehicular access.
(c)
Pedestrian amenities such as benches, planters, trash receptacles, walkways and gardens, etc., shall be provided along the sidewalks of public streets and in open space plazas.
(d)
All utilities servicing an SGD project shall be placed underground, unless prohibited by a utility company. All utilities on new internal roadways servicing an SGD project shall be placed underground. All utility and drainage requirements shall be approved as part of the site plan review process and not subject to any other sections of the Zoning Ordinance.
(e)
Off-street parking and loading spaces, internal ways, and maneuvering areas shall be designed to provide for adequate drainage, snow storage and removal, maneuverability and curb cuts.
(f)
Granite curbing shall be used along all roads and private internal ways. Cementitious concrete curbing may be substituted for granite curbing in all other locations.
(g)
The number of driveway curb cuts along Washington and Pleasant Streets shall be kept to a minimum.
(h)
Driveways shall be consolidated and aligned with existing intersections as feasible.
(i)
Appropriate traffic control devices, including signage, shall be installed at driveways.
(j)
Adequate sight distance shall be provided at driveways.
(5)
Parking.
(a)
Surface lots shall be screened along all public streets by a landscaped buffer not less than six feet in depth, or by walls or fencing at least three feet high and compatible with the adjacent architecture, and shall be designed to ensure that lights from cars within the surface lots do not spill into adjacent streets and properties. These provisions shall not apply to SGD projects that are limited to the rehabilitation of a building or buildings in existence at the time of the effective date of this § 235-7.1 and do not include the construction of new buildings.
(b)
Parking structures and lots shall have well-designed and marked pedestrian walkways and connections to the sidewalk system.
(c)
Parking structures shall be designed to be compatible with adjacent buildings and architecture. All structured parking shall be designed so that the only openings at street level are those to accommodate vehicle ingress and egress and pedestrian access to the building. All openings shall be designed so that vehicles are not visible from the sidewalk on a public street.
(d)
Parking and loading areas shall be screened from view from public ways. They may be located at the side or rear of a lot or in concealed structures and shall be suitably screened both visually and acoustically from the street and abutters. Any views into parking structures shall be minimized through use of landscaping or architectural treatment.
(6)
Site lighting.
(a)
Broad area lighting shall be avoided.
(b)
Parking lot pole lighting shall not exceed a height of 18 feet.
(c)
Lighting shall be installed along roadways, driveways, pedestrian walkways and sidewalks.
(d)
Lighting shall not create overspill onto adjacent properties or into the night sky and shall meet the following requirements:
[1]
Any luminaire with a lamp or lamps rated at a total of more than 1,800 lumens (and any flood or spot luminaires of more than 900 lumens) shall be of fully shielded (cutoff) design and shall not emit any direct light above a horizontal plane passing through the lowest part of the light-emitting luminaire.
[2]
Luminaires, regardless of lumen rating, shall be equipped with whatever additional shielding, lenses, or cutoff devices are required to eliminate light trespass onto any abutting lot or parcel and to eliminate glare perceptible to persons on abutting land.
[3]
Building facades may be illuminated with soft lighting of low intensity that does not draw attention to the building. The light source for the building facade illumination shall be concealed. Building entrances may be illuminated using recessed lighting in overhangs and soffits or by use of spotlighting focused on the building entrances with the light source concealed (e.g., in landscaped areas). Direct lighting of limited exterior building areas is permitted when necessary for security purposes.
[4]
A flood or spot luminaire with a lamp or lamps rated at 900 lumens or less may be used without restriction to light distribution, provided that it is aimed, directed, or focused so as not to cause direct light from the luminaire to be directed toward buildings on adjacent or nearby land or to create glare perceptible to persons operating motor vehicles on public ways.
(e)
Lamp type shall be selected to provide a natural uniform quality of light, rather than a strong color such as yellow or blue.
(f)
The style of light poles and fixtures shall be compatible with the character of the area and any existing City standards.
(g)
Parking and pedestrian light fixtures shall be compatible with the building lighting to provide for a consistent appearance of the project.
(7)
Infrastructure.
(a)
Smart Growth District projects shall demonstrate that adequate water supply and pressure are available, adequate sewerage capacity is available, adequate stormwater management is provided, traffic circulation on site is safe and convenient and the traffic flow and circulation at nearby intersections is preserved, pursuant to the criteria stipulated in § 235-3.2E. Analysis and documentation of compliance with these standards shall be prepared by registered engineers and/or other appropriate professionals. When the size and complexity of a proposal for an SGD project warrants an independent review of the impacts, the applicant will be responsible for funding such independent peer review.
(b)
In cases where a specific SGD project would not otherwise meet the above criteria, the developer shall implement mitigation measures, including but not limited to improvements to public infrastructure, to adequately address any deficiency.
(8)
Signs.
(b)
An SGD project may have up to two standing signs complying with the following standards:
(c)
Within an SGD project, each business that has an exterior public entrance may have one wall sign, attached and parallel to the facade containing said entrance, as follows:
(d)
Within an SGD project, each business that has an exterior public entrance may have one projecting (blade) sign, attached and perpendicular to the facade containing said entrance, as follows:
(e)
Signs in display windows may be permitted provided that such signage shall not cover more than 10% of the display window area and shall be lighted only by building illumination (stationary white light).
(f)
Signs may be illuminated only by an external source of steady, stationary white light, of reasonable intensity, shielded and directed solely at the sign, and not casting direct or reflected light off the premises. No sign shall be illuminated internally or from behind a translucent sign face. All light fixtures shall either be decorative (such as goose-neck lights) or camouflaged. Wiring should be concealed within building molding and lines.
(g)
The following additional signs are permitted in an SGD project:
[1]
Any traffic or directional sign owned and installed by a governmental agency.
[2]
One unlighted temporary sign offering premises for sale or lease for each parcel in one ownership, provided that it shall not exceed six square feet in surface area and it shall be set back at least 10 feet from the street lot line.
[3]
One unlighted temporary sign of an architect, engineer or contractor erected during the period such person is performing work on the premises on which such sign is erected, provided that it shall not exceed four square feet in surface area and it shall be set back at least 10 feet from the street lot line.
(h)
Additional sign regulations.
[1]
The limitations as to the number of signs permitted does not apply to traffic or directional signs which are necessary for the safety and direction of residents, employees, customers and visitors, whether in a vehicle or on foot, of any business, industry or residence. Such signs shall not carry the name of any business or product.
[2]
The supporting members for any sign shall be in acceptable proportion to the size of the sign.
[3]
Any sign attached to a building shall not extend above the height of the roof of the building.
[4]
No sign shall be erected so as to obstruct any door, window or fire escape on a building.
[5]
Signage should employ colors and type faces that complement the primary architectural style of the building.
[6]
Signs should be made of durable materials compatible with the materials of the building served.
[7]
Signage shall be integrated into the architecture. Signage that covers or obscures significant architectural details of the building shall be avoided.
[8]
In a multiple storefront building, the signage should be of a size, location, material and color that relates harmoniously between bays.
[9]
Neon signs, reader boards, LED lights, or other similar signs shall not be permitted.
I.
Ownership and maintenance of common facilities.
(1)
All internal streets, ways, and parking areas shall be privately owned. The maintenance of all such private streets, ways and parking areas, including but not limited to snowplowing, patching and repaving, shall remain the responsibility of the owner. All deeds conveying any portion of the land containing private streets, ways, or parking areas shall note this private responsibility of maintenance.
(2)
In order to ensure that any proposed common open space and common facilities within the development will be properly maintained, any SGD project in which dwelling units shall be offered for sale shall have a residents' association, which shall be in the form of a corporation, nonprofit organization or trust established in accordance with appropriate state law by a suitable legal instrument or instruments recorded at the Registry of Deeds or Registry District of the Land Court. As part of the site plan review, the applicant shall supply to the Planning Board copies of such proposed instrument.
J.
Development phasing.
(1)
An SGD project may be developed in phases and may be developed under one or more building permits and occupancy permits. Phasing of the development and associated infrastructure shall be specified in the site plan approval.
(2)
Lot area coverage, open space, affordable housing, off-street parking and required mitigation shall correspond with the sequence of development implemented in the SGD project, so that at all times such requirements shall be met as applied only to those portions of the SGD project for which building permits have been issued. Such requirements shall be met prior to the issuance of certificates of occupancy for such buildings.
§ 235-7.2 Rail Corridor Overlay District.
A.
Purpose. The purposes of the Rail Corridor Overlay District are:
(1)
To promote economic development and neighborhood revitalization through the redevelopment of underutilized structures and sites;
(2)
To provide housing options which are sufficient to meet the needs of households at varying income levels and different stages of life;
(3)
To promote high-quality, sustainable design that reinforces and enhances neighborhood identity and minimizes negative impacts on the environment;
(4)
To create a pedestrian-friendly environment that promotes walking, bicycling, and transit use and encourages reduced vehicle ownership; and
(5)
To promote a mix of compatible uses.
B.
Definition and applicability.
(1)
A "Rail Corridor Overlay District project" ("RCOD project") is a development that complies with all the provisions of this § 235-7.2, including provisions relating to uses, density, site and building dimensions, off-street parking, building design, lighting, and signs.
(4)
An RCOD project shall be subject to site plan review under § 235-3.2. Site plan review approval for an RCOD project is contingent upon the Planning Board, acting as the Site Plan Review Committee, finding that the requirements of this § 235-7.2 are met in addition to the site plan review criteria described in § 235-3.2.
C.
Establishment of Rail Corridor Overlay District.
(1)
The Rail Corridor Overlay District (RCOD) is established as an overlay district that may be applied to land in the Extensive Business (BB-1) District as described herein, which is referred to herein as the "underlying district." When a parcel is placed within the RCOD, it also remains in the underlying district and must comply with the regulations of the underlying district except as specifically modified by this § 235-7.2.
(2)
The Rail Corridor Overlay District includes the following parcels, identified by Assessors' Map and lot numbers as of March 1, 2014. This list of parcels is intended to include all properties shown on the Melrose Zoning Map in the Extensive Business (BB-1) Districts located on Tremont Street and Essex Street.
Map | Lots |
|---|---|
C7 | 55 and 56 |
C8 | 1, 2-3, 4, 5, 6, 7, 8, 9, 10+, 12, 14, 40, and 48 |
C11 | 1-1A, 2, 126 and 127 |
B9 | 105, 1067A8 (106, 107A, 108), and 109 |
B10 | 64, 65-66+, 67, 68, 69, 70, 71, 72, and 73-74 |
B11 | 70, 71, 72, 74, 75, and 76 |
D.
Permitted uses.
(1)
An RCOD project may include, and shall be limited to, the following permitted uses, alone or in combination:
(a)
Multifamily residential, including townhouses and apartment buildings and including accessory uses thereto;
(b)
Retail establishments selling convenience goods such as food, drugs and proprietary goods, or general merchandise such as dry goods, apparel and accessories, hardware, home furnishings, and similar items, provided that no individual establishment shall exceed 10,000 square feet of gross floor area;
(c)
Personal and consumer services establishments, including beauty and barber shops, clothing rental, dry cleaning pickup shops, garment repair, tailors, and similar businesses providing frequent or recurrent services related to personal needs, and including accessory retail sales of products related to the services offered at such consumer services establishments;
(d)
Professional and business offices, including but not limited to medical, legal, insurance, architects, engineers, and real estate offices. This does not include banks and financial institutions or substance abuse treatment centers;
(e)
Veterinary hospitals, provided that no individual establishment shall exceed 10,000 square feet of gross floor area;
(f)
Restaurants, coffee shops, and similar establishments selling prepared food to be consumed on or off site;
(g)
Studios of artists or artisans, including persons engaged in the application, teaching, or performance of fine arts such as but not limited to drawing or painting, sculpture, vocal or instrumental music, or writing, and including the accessory sale of art produced on the premises; and
(h)
Assisted living facilities.
(i)
Brewery without distribution.
(2)
An RCOD project may include more than one principal structure on a single lot, provided that the Planning Board finds through the site plan review process that safe and convenient access will be provided to all structures.
(3)
An RCOD project shall not include any use which consists of drive-through service, whereby a product or service is provided to a person who remains in a vehicle.
E.
Dimensional and density regulations.
(1)
Lot area and frontage. An RCOD project shall have a minimum lot area of 10,000 square feet and a minimum frontage on a public way of at least 50 feet.
(2)
Lot depth. An RCOD project shall have a minimum lot depth of 90 feet.
(3)
Yards.
(a)
Minimum yards. Each lot within the RCOD project shall comply with the following requirements:
[1]
Minimum front yard: 10 feet from the lot line.
[2]
Minimum side yard: five feet from the lot line.
[a]
Abutting a UR-B Zoning District: 12 feet from the lot line.
[3]
Minimum rear yard: 10 feet from the lot line.
[a]
Abutting a UR-B Zoning District: 15 feet from the lot line.
[4]
Corner lots shall have a minimum rear yard setback of five feet.
(b)
Maximum front yard.
[1]
In order to define a consistent building presence along the street, new buildings shall not be set back more than 15 feet from the front property line.
[2]
The maximum front yard may be increased to 25 feet, provided that the additional yard area incorporates a courtyard or sitting area at least 1,500 square feet in area and at least 20 feet deep that adjoins and is open on one or more sides to the public sidewalk; is open to the public; contains pedestrian amenities such as seating; and is landscaped to create a separation from the street, to provide shade, to reduce noise, and to mitigate fumes.
[3]
At least 60% of the front side of a lot facing a public street, measured in percentage of linear feet of the frontage, shall be occupied by buildings or open space.
(c)
The Planning Board may require, on the basis of site plan review, an accessway to improve pedestrian circulation and for public safety access.
(4)
Building separation. Buildings on a single lot shall be at least 18 feet apart to provide adequate separation for emergency access.
(6)
Open space and streetscape enhancements.
(a)
An RCOD project shall include open space at least equal to 10% of the total lot area.
(b)
The open space requirement shall apply to the RCOD project as a whole, regardless of whether the RCOD project consists of a single lot or multiple lots.
(c)
In recognition of the need for streetscape improvements that will result from new development, an RCOD project shall also contribute to the City's Streetscape Improvement Fund as follows: upon receiving a building permit for any residential or commercial space in an RCOD project, the applicant shall make a contribution to the City's Streetscape Improvement Fund in the amount of $1,100 per dwelling unit and $1 per gross square foot for all other uses.
(7)
Building and structure height.
(a)
The maximum permitted height for buildings and structures in an RCOD project shall be four stories and 50 feet, except as follows:
[1]
Buildings may be permitted up to five stories and 62 feet in height at the Planning Board's discretion, when appropriate, given site constraints and/or unusual site characteristics and provided that all portions of the building above 50 feet are set back at least 20 feet from all property boundaries and shall be stepped back a minimum of 10 feet from each facade of the floor below, except for those facades which face the commuter rail right-of-way where no upper level step back is required.
[2]
Rail Corridor Overlay District projects that exceed four stories and 50 feet in height shall provide additional public amenities in excess of the minimum 10% open space requirement for the RCOD. In the additional public amenity area, projects shall incorporate a courtyard or sitting area that adjoins and is open on one or more sides to the public sidewalk; is open to the public; contains pedestrian amenities such as seating; and is landscaped/hardscaped to create a separation from the street, to provide shade, to reduce noise, and to mitigate fumes.
(b)
The height of a building or structure in the RCOD shall be defined as the vertical distance from the average grade of Tremont Street or Essex Street (whichever the property has frontage on), along the frontage of the lot/s of the RCOD project at the time of the site plan review application, to the top of the structure of the highest roof beams of a flat roof, the deck of a mansard roof or the mean level of the highest gable or slope of a hip roof. This shall supersede the definition of "height" in § 235-5 for an RCOD project.
(8)
Building coverage. There shall be no maximum permitted coverage for buildings in an RCOD.
F.
Off-street parking.
(1)
Off-street parking spaces shall be provided as follows, except as allowed in Allowances for Reduced Number of Parking Spaces, § 235-11.4.
Use | Spaces Required |
|---|---|
Residential | 1.0 space per dwelling unit 1.0 visitor space per 10 residential units |
Office, retail and other | 1.0 space per 500 gross square feet |
Assisted living facility | 1.0 space per 4 dwelling units plus 1 space per employee on largest shift |
(2)
On-street parking on public streets and internal ways may be permitted within the Rail Corridor Overlay District provided all necessary approvals are obtained, but on-street parking on public streets shall not be used to meet the minimum requirements for off-street parking.
(3)
Parking setbacks.
(a)
Surface parking areas shall conform to the following minimum setback requirements:
[1]
From a public street: 20 feet.
[2]
From an internal way (not to include parking lot drive aisles): five feet.
[3]
From a structure: five feet.
[4]
From a side or rear lot line where the abutting property is within the RC Overlay District notwithstanding any other setback provision within this Subsection F(3)(a): five feet.
[5]
From a lot line abutting the railroad right-of-way: five feet.
[6]
From any other side or rear lot line: 10 feet.
(b)
No surface parking area or parking structure shall be closer to a public street than the closest principal building.
G.
Design standards. All RCOD projects shall comply with the following design standards, unless the Planning Board finds, through site plan review, any standard to be inappropriate for the proposed use.
(1)
Building design.
(a)
Exterior materials that are primarily associated with domestic residential buildings, such as wood clapboards and shingles, or that are relatively impermanent, such as exterior insulation and finish systems (EIFS), plywood, aluminum, and vinyl, are strongly discouraged.
(b)
Building facades shall articulate the line between the ground and upper levels with a cornice, canopy, balcony, arcade, or other visual device.
(c)
Building facades facing public streets or within 30 feet of main entrances shall reflect a high level of detail refinement.
(d)
Building facades more than 50 feet in length shall be divided into shorter segments by means of changes in materials, varying rooflines or other architectural treatments.
(e)
Rooftop building systems, such as mechanical and electrical equipment and antennas, shall be screened with appropriate architectural elements from all key observation points.
(f)
New buildings and renovations shall incorporate sustainable design and construction practices as governed by the Energy Star and WaterSense Programs to the extent reasonable, and developers are strongly encouraged to achieve United States Green Building Council LEED certification for their building or its reasonable equivalent.
(g)
For new buildings containing commercial uses, at least 60% of the street-facing building facade between two feet and eight feet in height shall be comprised of clear windows that allow views of indoor space or product display areas. This requirement shall not apply to buildings accessory to residential uses and not open to the general public, such as clubhouses.
(h)
Buildings or building facades shall not be designed primarily according to themes or architectural styles defined by or associated with corporate chains or franchises. The Planning Board may prohibit designs that it finds to be inconsistent with this provision.
(2)
Landscaping.
(a)
Landscape materials shall be sustainable, requiring minimal maintenance, irrigation or fertilizer, and shall be planted with species that are native to the area, tolerant of salt, and capable of withstanding extreme weather conditions.
(b)
Street trees shall be planted by the developer along all public streets and internal ways within and abutting the property.
[1]
Trees shall be planted at intervals of no more than 30 feet along both sides of the roadway. If the Planning Board determines through site plan review that such spacing is not feasible, it may alter the spacing or determine that up to the equivalent number of trees shall be planted elsewhere on the site.
[2]
Trees shall be of a species on the City's approved street tree list, if available. Tree species shall be common to the area, and shall be appropriate species to provide summer shade, winter light, and year-round visual interest.
[3]
Trees shall be 2.5 inches caliper at four feet above grade and reach a height of at least 30 feet at maturity.
(c)
All dumpsters and utility/service areas shall be screened with adequate plantings and/or landscape structures appropriate to the scale and character of the neighborhood.
(d)
A landscaped buffer strip at least 10 feet in width shall be provided along any lot line that abuts a residential zoning district. The buffer strip shall contain a vegetative screen not less than three feet wide and six feet high relative to the lot line, designed and maintained to provide a dense screen year round. The screen shall be planted with trees or shrubs no more than three feet on center. At least 50% of the plantings shall consist of evergreens, distributed along the length of the buffer strip.
(3)
General site design.
(a)
Roadways, sidewalks and other infrastructure shall be designed in accordance with the City of Melrose's Subdivision Regulations and with the additional standards set forth below.
(b)
Sidewalks, crosswalks, walkways, or other pedestrian access shall be provided to allow for safe and convenient access to adjacent properties and between individual buildings, parking areas and other points of interest within a development. Sidewalks and walkways shall be constructed of cementitious concrete and shall be minimally broken by vehicular access.
(c)
Pedestrian amenities such as benches, planters, trash receptacles, walkways and gardens, etc., shall be provided along the sidewalks of public streets and in open space plazas.
(d)
All utilities servicing an RCOD project shall be placed underground, unless prohibited by a utility company. All utilities on new internal roadways servicing an RCOD project shall be placed underground. All utility and drainage requirements shall be approved as part of the site plan review process and not subject to any other sections of the Zoning Ordinance.
(e)
Off-street parking and loading spaces, internal ways, and maneuvering areas shall be designed to provide for adequate drainage, snow storage and removal, maneuverability and curb cuts.
(f)
Granite curbing shall be used along all roads and private internal ways. Cementitious concrete curbing may be substituted for granite curbing in all other locations.
(g)
The number of driveway curb cuts along Tremont and Essex Streets shall be kept to a minimum.
(h)
Driveways shall be consolidated and aligned with existing intersections as feasible.
(i)
Appropriate traffic control devices, including signage, shall be installed at driveways.
(j)
Adequate sight distance shall be provided at driveways.
(4)
Parking.
(a)
Surface lots shall be screened along all public streets by a landscaped buffer not less than six feet in depth, or by walls or fencing at least three feet high and compatible with the adjacent architecture, and shall be designed to ensure that lights from cars within the surface lots do not spill into adjacent streets and properties.
(b)
Parking structures and lots shall have well-designed and marked pedestrian walkways and connections to the sidewalk system.
(c)
Parking structures shall be designed to be compatible with adjacent buildings and architecture. All structured parking shall be designed so that the only openings at street level are those to accommodate vehicle ingress and egress and pedestrian access to the building. All openings shall be designed so that vehicles are not visible from the sidewalk on a public street.
(d)
Parking and loading areas shall be screened from view from public ways. They may be located at the side or rear of a lot or in concealed structures and shall be suitably screened both visually and acoustically from the street and abutters. Any views into parking structures shall be minimized through use of landscaping or architectural treatment.
(5)
Site lighting.
(a)
Broad area lighting shall be avoided.
(b)
Parking lot pole lighting shall not exceed a height of 18 feet.
(c)
Lighting shall be installed along roadways, driveways, pedestrian walkways and sidewalks.
(d)
Lighting shall not create overspill onto adjacent properties or into the night sky and shall meet the following requirements:
[1]
Any luminaire with a lamp or lamps rated at a total of more than 1,800 lumens (and any flood or spot luminaires of more than 900 lumens) shall be of fully shielded (cutoff) design and shall not emit any direct light above a horizontal plane passing through the lowest part of the light-emitting luminaire.
[2]
Luminaires, regardless of lumen rating, shall be equipped with whatever additional shielding, lenses, or cutoff devices are required to eliminate light trespass onto any abutting lot or parcel and to eliminate glare perceptible to persons on abutting land.
[3]
Building facades may be illuminated with soft lighting of low intensity that does not draw attention to the building. The light source for the building facade illumination shall be concealed. Building entrances may be illuminated using recessed lighting in overhangs and soffits, or by use of spotlighting focused on the building entrances with the light source concealed (e.g., in landscaped areas). Direct lighting of limited exterior building areas is permitted when necessary for security purposes.
[4]
A flood or spot luminaire with a lamp or lamps rated at 900 lumens or less may be used without restriction to light distribution, provided that it is aimed, directed, or focused so as not to cause direct light from the luminaire to be directed toward buildings on adjacent or nearby land, or to create glare perceptible to persons operating motor vehicles on public ways.
(e)
Lamp type shall be selected to provide a natural uniform quality of light, rather than a strong color such as yellow or blue.
(f)
The style of light poles and fixtures shall be compatible with the character of the area and any existing City standards.
(g)
Parking and pedestrian light fixtures shall be compatible with the building lighting to provide for a consistent appearance of the project.
(6)
Infrastructure.
(a)
Rail Corridor Overlay District projects shall demonstrate that adequate water supply and pressure are available, adequate sewerage capacity is available, adequate stormwater management is provided, traffic circulation on site is safe and convenient and the traffic flow and circulation at nearby intersections is preserved, pursuant to the criteria stipulated in § 235-3.2. Analysis and documentation of compliance with these standards shall be prepared by registered engineers and/or other appropriate professionals. When the size and complexity of a proposal for an RCOD project warrants an independent review of the impacts, the applicant will be responsible for funding such independent peer review.
(b)
In cases where a specific RCOD project would not otherwise meet the above criteria, the developer shall implement mitigation measures, including but not limited to improvements to public infrastructure, to adequately address any deficiency.
(7)
Signs.
(a)
An RCOD project shall comply with the provisions of this section, which supersede the provisions of Article VII, Signs, for RCOD projects only.
(c)
Within an RCOD project, each business that has an exterior public entrance may have one wall sign, attached and parallel to the facade containing said entrance, as follows:
(d)
Within an RCOD project, each business that has an exterior public entrance may have one projecting (blade) sign, attached and perpendicular to the facade containing said entrance, as follows:
(e)
Signs in display windows may be permitted provided that such signage shall not cover more than 10% of the display window area and shall be lighted only by building illumination (stationary white light).
(f)
Signs may be illuminated only by an external source of steady, stationary white light, of reasonable intensity, shielded and directed solely at the sign, and not casting direct or reflected light off the premises. No sign shall be illuminated internally or from behind a translucent sign face. All light fixtures shall either be decorative (such as goose-neck lights) or camouflaged. Wiring should be concealed within building molding and lines.
(g)
The following additional signs are permitted in an RCOD project:
[1]
Any traffic or directional sign owned and installed by a governmental agency.
[2]
One unlighted temporary sign offering premises for sale or lease for each parcel in one ownership, provided that it shall not exceed six square feet in surface area and it shall be set back at least 10 feet from the street lot line.
[3]
One unlighted temporary sign of an architect, engineer, or contractor erected during the period such person is performing work on the premises on which such sign is erected, provided that it shall not exceed four square feet in surface area and it shall be set back at least 10 feet from the street lot line.
(8)
Additional sign regulations.
(a)
The limitations as to the number of signs permitted does not apply to traffic or directional signs which are necessary for the safety and direction of residents, employees, customers, and visitors, whether in a vehicle or on foot, of any business, industry, or residence. Such signs shall not carry the name of any business or product.
(b)
The supporting members for any sign shall be in acceptable proportion to the size of the sign.
(c)
Any sign attached to a building shall not extend above the height of the roof of the building.
(d)
No sign shall be erected so as to obstruct any door, window or fire escape on a building.
(e)
Signage should employ colors and type faces that complement the primary architectural style of the building.
(f)
Signs should be made of durable materials compatible with the materials of the building served.
(g)
Signage shall be integrated into the architecture. Signage that covers or obscures significant architectural details of the building shall be avoided.
(h)
In a multiple storefront building, the signage should be of a size, location, material and color that relates harmoniously between bays.
(i)
Neon signs, reader boards, LED lights, or other similar signs shall not be permitted.
(10)
Ownership and maintenance of common facilities.
(a)
All internal streets, ways, and parking areas shall be privately owned. The maintenance of all such private streets, ways and parking areas, including but not limited to snowplowing, patching and repaving, shall remain the responsibility of the owner. All deeds conveying any portion of the land containing private streets, ways, or parking areas shall note this private responsibility of maintenance.
(b)
In order to ensure that any proposed common open space and common facilities within the development will be properly maintained, any RCOD project in which dwelling units shall be offered for sale shall have a residents' association, which shall be in the form of a corporation, nonprofit organization or trust established in accordance with appropriate state law by a suitable legal instrument or instruments recorded at the Registry of Deeds or Registry District of the Land Court. As part of the site plan review, the applicant shall supply to the Planning Board copies of such proposed instrument.
(11)
Development phasing.
(a)
An RCOD project may be developed in phases and may be developed under one or more building permits and occupancy permits. Phasing of the development and associated infrastructure shall be specified in the site plan approval.
(b)
Lot area coverage, open space, affordable housing, off-street parking and required mitigation shall correspond with the sequence of development implemented in the RCOD project, so that at all times such requirements shall be met as applied only to those portions of the RCOD project for which building permits have been issued. Such requirements shall be met prior to the issuance of certificates of occupancy for such buildings.
§ 235-7.3 Floodplain District.
[Amended 6-16-2025 by Order No. 2025-4]
A.
Purpose. The purposes of the Floodplain Overlay District are to:
(1)
Ensure public safety through reducing the threats to life and personal injury.
(2)
Eliminate new hazards to emergency response officials.
(3)
Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding.
(4)
Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions of the community beyond the site of the flooding.
(5)
Eliminate costs associated with the response and cleanup of flooding conditions.
(6)
Reduce damage to public and private property resulting from flooding waters.
B.
Establishment.
(1)
The Floodplain District is established as an overlay district.
(2)
This article is established pursuant to the City of Melrose's compliance with Title 44, Chapter I, Part 67, Code of Federal Regulations, establishing eligibility in the National Flood Insurance Program (NFIP). Copies of the National Flood Insurance Program and related regulations are on file with the City Clerk.
(3)
The Floodplain District includes all special flood hazard areas designated as Zones A and AE on the Middlesex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Middlesex County FIRM that are wholly or partially within the City of Melrose are panel numbers 25017C0427F, 25017C0429F, 25017C0431F, 25017C0433F and 25017C0434F dated July 8, 2025.
(4)
The exact boundaries of the district may be defined by the 1%-chance base flood elevations shown on the FIRM and further defined by the Middlesex County Flood Insurance Study (FIS) report dated July 8, 2025.
(5)
The FIRM and FIS report are incorporated herein by reference and are on file with the Planning Office.
C.
Local enforcement.
(1)
Floodplain Administrator. The City of Melrose hereby designates the position of Building Commissioner to be official floodplain administrator for the City.
D. DEVELOPMENT FLOOD INSURANCE RATE MAP (FIRM) FLOODWAY FUNCTIONALLY DEPENDENT USE HIGHEST ADJACENT GRADE HISTORIC STRUCTURE(1) (2) (3) (4) NEW CONSTRUCTION RECREATIONAL VEHICLE(1) (2) (3) (4) REGULATORY FLOODWAY SPECIAL FLOOD HAZARD AREA START OF CONSTRUCTION STRUCTURE SUBSTANTIAL REPAIR OF A FOUNDATION VARIANCE VIOLATION
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]
An official map of a community issued by FEMA that depicts, based on detailed analyses, the boundaries of the 100-year and 500-year floods and the 100-year floodway. (For maps done in 1987 and later, the floodway designation is included on the FIRM.)
The channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height.
A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities.
Means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.
Any structure that is:
Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;
Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or
Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:
Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement.
A vehicle which is:
Built on a single chassis;
400 square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
See "floodway."
The land area subject to flood hazards and shown on a Flood Insurance Rate Map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, or AH.
The date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns. Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual "start of construction" means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
Means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Title 44, Part 59]
When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50% of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50% of the piles, columns or piers of a pile-, column- or pier-supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]
Means a grant of relief by a community from the terms of a floodplain management regulation. [US Code of Federal Regulations, Title 44, Part 59]
The failure of a structure or other development to be fully compliant with the community's floodplain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in § 60.3 is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]
E.
Permitting.
(1)
Permits are required for all proposed development in the Floodplain Overlay District including new construction or changes to existing buildings, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.
(2)
The proponent of the development must obtain all local, state, and federal permits that will be necessary in order to carry out the proposed development in the Floodplain Overlay District and must demonstrate that all necessary permits have been acquired.
(3)
Additional permits/regulations include:
(a)
Section of the Massachusetts State Building Code which addresses floodplain and coastal high-hazard areas (currently 780 CMR 120.G, Flood Resistant Construction and Construction in Coastal Dunes) and MGL c. 131, § 40;
(4)
The floodplain management regulations found in the Floodplain Overlay District shall take precedence over any less restrictive conflicting local laws, ordinances, or codes.
F.
Regulations.
(1)
The underlying permitted uses are allowed provided that they meet the following additional requirements.
(2)
Within Zone A, where the base flood elevation is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data, including the highest adjacent grade, and it shall be reviewed by the Building Commissioner for its reasonable utilization for requiring new construction, substantial improvements, or other development in Zone A to elevate residential structures to or above base flood level, floodproof or elevate nonresidential structures to or above base flood level, and prohibit encroachments in floodways.
(3)
Within Zones A and AE, no new construction, substantial improvements to existing structures, filling or other land development shall be permitted unless it is demonstrated by the applicant that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood elevation.
(4)
Floodway encroachment. In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(5)
In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the City's FIRM, encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(6)
Subdivisions and new development.
(a)
Base flood elevation data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, for each developable parcel.
(b)
All subdivision proposals and other proposed new development shall be reviewed to determine whether such proposals will be reasonably safe from flooding. If any part of a subdivision proposal or other new development is located within the Floodplain District established under this article, it shall be reviewed to assure that:
[1]
The proposal is designed consistent with the need to minimize flood damage;
[2]
All public utilities and facilities, such as sewer, gas, electrical and water systems, shall be located and constructed to minimize or eliminate flood damage;
[3]
Adequate drainage systems shall be provided to reduce exposure to flood hazards;
[4]
New and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system; and
[5]
New and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharges of exfiltration from the system into floodwaters.
(7)
Recreational vehicles. In A, A1-30, AH, AO, and AE Zones all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.
G.
Variances to Building Code floodplain standards.
(1)
If a variance is required from the State Building Code Appeals Board:
(a)
The property owner shall submit a written and/or audible copy of the portion of the hearing related to the variance, and it will maintain this record in the community's files.
(b)
The City shall issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that (i) the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage and (ii) such construction below the base flood level increases risks to life and property. Such notification shall be maintained with the record of all variance actions for the referenced development in the Floodplain Overlay District.
H.
Zoning variances related to community compliance with the National Flood Insurance Program (NFIP).
(1)
A variance from these Floodplain Overlay District requirements must meet the requirements set out by state law, and may only be granted if: 1) good and sufficient cause and exceptional non-financial hardship exist; 2) the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and 3) the variance is the minimum action necessary to afford relief.
I.
Notification requirements.
(1)
In a riverine situation, the City Engineer shall notify the following of any alteration or relocation of a watercourse: adjacent communities, the NFIP State Coordinator (Massachusetts Department of Conservation and Recreation), and the NFIP Program Specialist (Federal Emergency Management Agency, Region 1).
(2)
If the City acquires data that changes the base flood elevation in the FEMA mapped special flood hazard areas, the City will, within six months, notify FEMA of these changes by submitting the technical or scientific data that supports the change. Notification shall be submitted to: NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, and NFIP Program Specialist, Federal Emergency Management Agency, Region I.
J.
Disclaimer of liability. The degree of flood protection required by this section is considered reasonable but does not imply total flood protection.
K.
Severability. If any section, provision or portion of this section is deemed to be unconstitutional or invalid by a court, the reminder of the section shall be effective.