Salisbury City Zoning Code
ARTICLE XX
Motel Reuse Overlay District
[Added 5-15-2006 ATM by Art. 7]
§ 300-128 Purposes.
The purposes of the Motel Reuse Overlay District are to provide for the redevelopment and reuse of motel buildings in a manner that is appropriate for each site and sensitive to surrounding land uses; to promote housing choices in Salisbury; and to provide for regulatory flexibility and intensification of use in existing buildings in order to meet Salisbury's housing and community development needs.
§ 300-129 Establishment of district.
The Motel Reuse Overlay District is hereby established as an overlay district. The district is shown on the map titled "Motel Reuse Overlay District," dated April 6, 2006, on file with the Town Clerk, which map is hereby incorporated in and made part of this section and supplemented by the following list of parcels that are included in the district:
Assessor's Map | Lot Number | Assessor's Map | Lot Number | |
3 | 8 | 22 | 11 | |
24 | 35 | 33 | 162 | |
24 | 145 | 33 | 4 | |
33 | 298 | 25 | 25 | |
27 | 35 | 28 | 42 | |
24 | 38 | 32 | 119 | |
12 | 49 | 7 | 66 | |
25 | 1 | 32 | 350 |
§ 300-130 Relationship to existing zoning.
In the Motel Reuse Overlay District, all requirements of the underlying district(s) shall remain in effect except where these regulations supersede or provide an alternative to such requirements. In the event that an owner desires to redevelop in accordance with the regulations herein, the rules and regulations of the Motel Reuse Overlay District shall apply, and by filing an application for site plan review for a development subject to such rules and regulations, the owner shall be deemed to accept and agree to them. Where the provisions of the Motel Reuse Overlay District are silent on a zoning regulation, the requirements of the underlying zoning district shall apply.
§ 300-131 Definitions.
In addition to § 300-5 of this bylaw, the following definitions shall apply to development in the Motel Reuse Overlay District:
ACCESSORY RESIDENTIAL USES
For purposes of this article, accessory residential uses shall include covered parking, outdoor recreation facilities such as a tennis court or swimming pool, and indoor facilities such as a community building, all for the exclusive use and enjoyment of residents of the motel reuse project.
EXISTING FLOOR AREA RATIO
The sum of the floor area on all floors of existing motel, cottage and related principal or accessory building(s) on the lot, that are heated and finished and used as a motel, excluding unfinished basement, garage and attic areas and the floor area used for uses other than motel uses, measured in square feet, divided by the gross area of the existing lot, excluding wetlands subject to protection under the Wetlands Protection Act, MGL c. 131, § 40, for reasons other than being subject to flooding, measured in square feet.
GROSS DENSITY
The total number of dwelling units on a parcel of land used for a motel reuse project, divided into the size of the parcel measured in square feet before dedication of any land for roads and other public uses and before the creation of common open space or other common amenities included or to be included as part of the development of the parcel of land, excluding wetlands subject to protection under the Wetlands Protection Act for reasons other than being subject to flooding, measured in square feet.
MIXED RESIDENTIAL USES
A development comprised of two or more of the following residential use types on a single parcel or contiguous parcels under one ownership: detached single-family dwelling, attached single-family dwelling or townhouse, or multifamily dwelling, except that detached single-family dwellings shall comprise not more than 25% of the total number of dwelling units in the project.
MOTEL REUSE PROJECT
A residential development comprised of one or more of the uses authorized under § 300-132 herein, on a parcel of land with an existing motel building or an existing motel compound in the Motel Reuse Overlay District.
A.
MOTEL BUILDING
A single building or an attached building, joined by a common wall, consisting of lodging rooms with individual bathrooms and where the lodging rooms are not entered from a common entrance lobby, and where more than 50% of the lodging rooms are designed and/or used principally for temporary occupancy by transient guests.B.
MOTEL COMPOUND
Two or more detached buildings with lodging rooms as described above, including any detached cabins, cottages or other habitable structures designed and/or used principally for temporary occupancy by transient guests.OPEN SPACE
The portion of a lot that is not covered with structures, access roads or driveways, sidewalks, patios, off-street parking or any other material placed on or above the earth which substantially reduces or prevents the natural percolation of water. The open space shall be suitably landscaped with noninvasive, drought-resistant plantings, which may include trees, flowers, shrubs, succulents or ornamental or other grasses.
PROPOSED FLOOR AREA RATIO
The sum of the floor area on all floors of all proposed buildings in a motel reuse project that are to be heated and finished, excluding unfinished basement, garage or attic areas and floor areas to be used for uses other than motel uses, measured in square feet, divided by the gross area of the proposed lot, excluding wetlands subject to protection under the Wetlands Protection Act for reasons other than being subject to flooding, measured in square feet.
§ 300-132 Use regulations.
A.
Permitted uses. In the Motel Reuse Overlay District, a motel reuse project comprised of one or more of the following uses shall be permitted:
(1)
Multifamily housing, provided that:
(a)
The proposed floor area ratio does not exceed the existing floor area ratio of a motel building or motel compound.
(b)
The maximum density conforms to the minimum lot area per dwelling unit and minimum open space per dwelling unit specified in § 300-133A below.
(2)
Accessory residential uses on the same parcel.
B.
Uses authorized by special permit. A motel reuse project comprised of one or more of the following uses may be allowed by special permit from the Planning Board:
(1)
Multifamily housing at a higher density than one unit per 5,000 square feet of land, or with a proposed floor area ratio that exceeds the existing floor area ratio.
(2)
Mixed residential uses on a site with an existing motel compound.
(3)
Accessory residential uses on the same parcel.
(4)
Public benefit uses as defined in § 300-137 herein.
(5)
Continuation of an existing restaurant, combined with one or more of the special permitted uses listed above.
§ 300-133 Density and dimensional regulations.
A.
The following density and dimensional regulations apply to development in the Motel Reuse Overlay District:
(1)
Minimum lot area (acres): none.
(2)
Minimum lot area per dwelling unit: 5,000 square feet (excluding wetlands).
(3)
Minimum frontage (feet): 100.
(4)
Minimum yard setbacks:
(a)
Front (feet): 20.
(b)
Side (feet): 20.
(c)
Rear (feet): 20.
(5)
Minimum open space % lot area: 15% (excluding wetlands).
(6)
Maximum building coverage: Subject to Subsection B(2) below.
(7)
Maximum height: 35 feet.
B.
Special provisions.
(1)
Gross density.
(a)
For a motel reuse project by special permit, the Planning Board may authorize a reduction in the minimum lot area per dwelling unit to 3,500 square feet (excluding wetlands), provided that:
[1]
The site is served by or connects to public sewer service;
[2]
The project does not exceed the floor area ratio limitations of § 300-136 herein; and
[3]
The project meets the public benefits provisions of § 300-137 herein, all as determined by the Planning Board.
(b)
For purposes of calculating gross density, lot area, floor area and open space requirements, wetland areas subject to the Wetlands Protection Act, MGL c. 131, § 40, for reasons other than being subject to flooding, shall be excluded from the total area of the parcel.
(2)
Building coverage. The maximum allowable building coverage for a motel reuse project shall not exceed the existing building coverage on the site except by special permit from the Planning Board, which may authorize an increase in building coverage up to 40% of lot area (excluding wetlands) in exchange for two or more of the following:
(a)
Additional affordable housing units in accordance with § 300-137;
(b)
Accessory garages for off-street parking to serve residents of the development, located to the side or rear of the principal buildings; and/or
(c)
Community building for the exclusive use of residents of the development.
(3)
Multifamily units; minimum floor area. Multifamily units shall conform to the following minimum floor area requirements:
(a)
Studio unit (zero bedrooms): 600 square feet.
(b)
One-bedroom unit: 700 square feet.
(c)
Two-bedroom unit: 900 square feet.
(d)
Three-bedroom unit: 1,200 square feet.
(4)
Special permit exception for small motel reuse projects. To allow small motel reuse projects, the Planning Board may grant a special permit to reduce the minimum frontage, the minimum lot area per dwelling unit and/or the minimum percentage of a lot that must be open space as required under Subsection A(1) above, provided that:
(a)
The site is served by or connects to public sewer service;
(b)
The project does not exceed three dwelling units; and
(c)
There is sufficient land area for the number of off-street parking spaces required under § 300-36C below, including a landscaped buffer of at least four feet along the side of the lot where the driveway and parking spaces are located. The landscaped buffer shall not be used for off-street parking.
§ 300-134 Site plan review.
All uses in the Motel Reuse Overlay District require site plan review by the Planning Board and must comply with Article XVIII of this bylaw and the following additional requirements.
A.
Submittals. In addition to the requirements of Article XVIII, the submittals for site plan approval for a motel reuse project shall include:
(1)
Floor plan to scale for each floor of each building, showing the following information as applicable:
(a)
Number of dwelling units by type.
(b)
Number of bedrooms per dwelling unit.
(c)
Proposed use(s) of all floor space not used for dwelling units.
(d)
Table showing the total number of dwelling units and the number of affordable housing units by type and size on each floor of each building.
(e)
Where applicable, a plan for any proposed wastewater treatment facility in accordance with the requirements of the Massachusetts Department of Environmental Protection (DEP) and the Salisbury Board of Health.
(f)
Lighting plan showing the location, height, intensity, and bulb type of all external lighting fixtures, the direction of illumination, and methods to reduce glare onto adjoining properties.
(g)
Landscaping plan showing the location, name, number and size of plant types, and the locations and elevation and/or height of planting beds, fences, walls, steps, paths and other walkways and/or sidewalks.
(h)
Location and description of all proposed open space.
(i)
Location, height and size of all proposed signage.
(j)
Additional information that may be required by the Planning Board, as reasonably necessary, to make determinations for site plan review.
(k)
Proposed construction schedule by stage or phase of construction, from the approximate date that construction will begin through the estimated date of construction completion.
(2)
Narrative description of any organization(s) the applicant proposes to form for a condominium or other ownership organization, including forms and plans to be used to organize and manage the same, for approval by the Planning Board.
(3)
A copy of all proposed covenants, easements, and other restrictions that the applicant proposes to grant to the Town of Salisbury, the Salisbury Conservation Commission, utility companies, any condominium or other ownership organization and the owners thereof, including plans of land to which they are intended to apply, for approval by the Planning Board.
(4)
A copy of the proposed regulatory agreement for affordable housing units and, where applicable, the proposed deed rider for homeownership units.
B.
Approval standards. In addition to the requirements set forth in Article XVIII of this bylaw, the Planning Board shall approve a site plan for development in the Motel Reuse Overlay District only upon determining that the proposed project could not reasonably be altered to:
(1)
Strengthen the compatibility of architectural and site design elements with surrounding properties;
(2)
Improve convenience and safety of vehicular and pedestrian movement within the site and egressing from it, such as by the location of driveway openings in relation to traffic and/or adjacent streets and the placement, height and size of signage;
(3)
Improve access for fire and service equipment;
(4)
Provide greater compatibility of buildings, lighting and signs by virtue of their location, arrangement, size and design;
(5)
Increase protection for adjacent or neighboring properties against noise, glare, unsightliness or other objectionable features; and
(6)
Reduce the visual intrusion of parking areas viewed from public ways or abutting premises.
§ 300-135 Special permits.
The Planning Board shall be the special permit granting authority for uses in the Motel Reuse Overlay District.
A.
Decision criteria. The Planning Board's actions shall be based upon the considerations and utilize the procedures in § 300-35 of this bylaw and the degree to which the proposed development:
(1)
Addresses the purposes of the Motel Reuse Overlay District;
(2)
Improves upon the aesthetic and operational characteristics of existing conditions on the site;
(3)
Increases year-round housing opportunities at all market levels in Salisbury, including affordable housing units; and
(4)
Appropriately addresses site-specific attributes or site-specific concerns.
B.
Conditions. The Planning Board shall impose conditions in its decision as necessary to ensure compliance with the purposes of this bylaw. Approval of a motel reuse project shall be conditioned to provide that no further division of land which increases the number of lots or units or results in any alteration to the area to be set aside as open space or recreational facilities may occur without a modification of the special permit. Any alteration of layout of ways shall require approval of the Planning Board and shall be in compliance with the requirements of this bylaw and the Salisbury Subdivision Rules and Regulations, where applicable.[1]
[1]
Editor's Note: See Ch. 465, Planning Board, Part 2, Subdivision of Land.
§ 300-136 Motel reuse project development standards.
A.
Expansion of existing buildings and new construction. The Planning Board may grant a special permit for a motel reuse project that exceeds the existing floor area ratio, provided that the proposed floor area ratio shall not exceed 1.5 times the existing floor area ratio.
B.
Affordable housing units. A motel reuse project shall include affordable housing units in accordance with Article XIII of this bylaw, subject to the following additional requirements:
(1)
Off-site units under § 300-78 shall not be permitted in a motel reuse project without special permit approval by the Planning Board, but in no event shall off-site units comprise more than 25% of the required affordable housing units.
(2)
Failure to record the regulatory agreement and/or any deed rider at the Registry of Deeds shall be deemed a violation of this bylaw and is subject to the enforcement and penalty provisions of Article VI.
C.
Internal circulation, parking and loading requirements.
(1)
Roadways. The internal roadway(s) serving a motel reuse project shall be adequate for the proposed use and density as determined by the Planning Board and shall be maintained by an association of unit owners, the applicant or the entity that owns and manages the development.
(2)
Parking spaces. A motel reuse project shall provide off-street parking spaces for each use in the development in accordance with the following minimum requirements:
(a)
Detached or attached single-family units: two spaces per unit.
(b)
Multifamily units: one space per studio or one-bedroom unit; two spaces per unit with two or more bedrooms except for age-restricted (55+) multifamily units, in which case there shall be an average of 1.5 spaces per unit; plus one visitor space for each four units.
(c)
Mixed residential uses: requirements for each use shall be added, unless the Planning Board determines that a smaller number is adequate.
D.
Reserve parking. During site plan review, the Planning Board may authorize a decrease in the number of off-street parking spaces required for a motel reuse project under Subsection C above, subject to the following conditions:
(1)
The decrease in number of parking spaces is not more than 20% of the total number of spaces required under Subsection C above. The waived parking spaces shall not be used for building area and shall be labeled as "Reserve Parking" on the site plan.
(2)
The decrease in number of required spaces will not create undue congestion, traffic hazards, or a substantial detriment to the neighborhood and shall not derogate the intent and purpose of this bylaw.
(3)
The reserve parking spaces shall be properly designed as an integral part of the overall parking development, and in no case shall any reserve parking spaces be located within areas counted as setbacks or open space.
(4)
If, within one year of the issuance of the last certificate of occupancy for the project, the Planning Board finds that all or any of the increased reserve spaces are needed to satisfy the requirements of Subsection C above, the Planning Board may require that all or any portion of the spaces identified as increased reserve spaces on the site plan be constructed within a reasonable time period, as specified in writing by the Planning Board following a public meeting with the owner of the property. Notice of the public meeting shall be by publication in a newspaper of general circulation in accordance with MGL c. 40A, § 11.
E.
Increase in parking spaces. The Planning Board may require provisions for an increase in the number of parking spaces required under Subsection C above, provided that:
(1)
The increase in the number of parking spaces is no more than 20% of the total number of parking spaces required under Subsection C above for the use(s) in question.
(2)
Any such increase in the number of required parking spaces shall be based upon the special nature of a use or building or the mix of residential and/or accessory uses therein.
(3)
The increased number of parking spaces shall be labeled "Increased Reserve Parking" on the site plan and shall be properly designed as an integral part of the overall parking layout, located on land suitable for parking development and in no case located within an area counted as yard setback. Where the increased reserve parking area is required by the Planning Board and the applicant has otherwise provided the number of parking spaces required under Subsection C above, the area of land reserved for the increased number of parking spaces may be deducted from the minimum percentage of open space required under § 300-133A of this article.
(4)
The applicant shall not be required to construct any of the spaces labeled as "Increased Reserve Parking" for at least one year following the issuance of the last certificate of occupancy for the project. Following a public meeting with the owner of the property, the Planning Board may determine that construction of the additional parking spaces is necessary to meet the requirements of this section. Notice of the public meeting shall be by publication in a newspaper of general circulation in accordance with MGL c. 40A, § 11.
F.
Parking area design and location.
(1)
All off-street parking areas shall be located to the rear or side of all buildings and shall not be located in front setbacks or common open space, except that the Planning Board may waive these requirements for existing parking lots or existing buildings.
(2)
Parking areas shall be landscaped in accordance with the Planning Board's Site Plan Rules and Regulations.
(3)
Pedestrian crosswalks shall be provided in appropriate locations and shall be clearly recognizable through the use of raised, textured or color surface treatments in order to aid pedestrians in crossing traffic within a parking area.
G.
Emergency systems. A motel reuse project shall have an integrated emergency call and/or telephone and/or other communications system for its residents and/or other tenants, approved by the Salisbury Fire Department. There shall be sufficient site access for public safety vehicles. A plan shall be approved by the Salisbury Fire Department for the emergency evacuation of the residents with emphasis on ensuring the safety of residents with physical impairments.
§ 300-137 Public benefits.
The Planning Board may grant a special permit to increase the maximum gross density of a motel reuse project, up to the limit established under § 300-133B(1) of this article. To be considered eligible for an increase in the maximum gross density, a motel reuse project shall provide at least one of the following public benefits in furtherance of the purposes of this bylaw and in a manner satisfactory to the Planning Board:
A.
Additional affordable housing units. Not less than 15% of the proposed units must be affordable housing units. At least one affordable housing unit and no less than 50% of the affordable housing units shall be sold to low-income households at a price, determined by the Planning Board, that on average is affordable to a household with an annual income that is 65% of area median income. Any remaining affordable units shall be sold to moderate-income households at a price, as determined by the Planning Board, that on average is affordable to a household with an annual income that is 80% of area median income. The owner shall execute and record any documents required to preserve the affordability of the units to ensure compliance with this section and Article XIII of this bylaw.
B.
Neighborhood facilities. A project that provides a facility or significant amenity usable by its own residents and residents of the surrounding neighborhood, such as a public park that is landscaped, furnished and accessible to persons with disabilities, an outdoor recreation area, or a neighborhood community center.
§ 300-138 Severability.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.