Upton City Zoning Code
ARTICLE 8
Special District Regulations
§ 300-8.1 Floodplain District.
A.
Overlay district. The Floodplain District is herein established as an overlay district. The district includes all special flood hazard areas within the Town of Upton designated as Zone A and AE on the Worcester 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 Worcester County FIRM that are wholly or partially within the Town of Upton are panel numbers 25027C0832E, 25027C0834E, 25027C0842E, 25027C0844E, 25027C0851E, 25027C0855E, 25027C0858E, 25027C0861E, 25027C0862E, 25027C0863E, 25027C0864E, 25027C0866E, 25027C1026E and 25027C1030E dated July 4, 2011. The exact boundaries of the district may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Worcester County Flood Insurance Study (FIS) report dated July 4, 2011. The FIRM and FIS report are incorporated herein by reference and are on file with the Town Clerk, Planning Board and Building Commissioner.
B.
In the floodway designated within the Town of Upton on the Worcester County Flood Insurance Rate Map, the following provisions shall apply: all encroachments, including fill, new construction, substantial improvements to existing structures, and other developments are prohibited unless certification by a registered professional engineer or architect is provided by the applicant, demonstrating that such encroachment shall not result in any increase in flood levels within the community during the occurrence of the base flood discharge.
C.
Base flood elevation and floodway data.
(1)
Floodway data. 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.
(2)
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, within unnumbered A zones.
D.
Notification of watercourse alteration. In a riverine situation, the Planning Board Clerk shall notify the following of any alteration or relocation of a watercourse:
E.
Reference to existing regulations.
(1)
The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and nonstructural activities, whether permitted by right or by special permit, must be in compliance with MGL c. 131, § 40, and with the following:
(a)
Section of the Massachusetts State Building Code which addresses floodplain and coastal high-hazard areas (currently 780 CMR Appendix G, Flood-Resistant Construction in Coastal Dune);
(b)
Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
(c)
Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
(d)
Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5).
(2)
Any variances from the provisions and requirements of the above-referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.
F.
Other use regulations.
(1)
In Zone AE, along watercourses that have a regulatory floodway designated within the Town of Upton on the Worcester County FIRM, encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
§ 300-8.2 MBTA Communities Multifamily Overlay District (MCMOD).
[Added 11-12-2024 STM by Art. 25]
A.
Purpose. The purpose of the MBTA Communities Multi-family Overlay District (MCMOD) is to allow multi-family housing as of right in accordance with Section 3A of the Zoning Act (Massachusetts General Laws Chapter 40A). This zoning provides for as of right multi-family housing to accomplish the following purposes:
(1)
Encourage the production of a variety of housing sizes and typologies to provide equal access to new housing throughout the community for people with a variety of needs and income levels.
(2)
Support vibrant neighborhoods by encouraging an appropriate mix and intensity of uses to support an active public space that provides equal access to housing, jobs, gathering spaces, recreational opportunities, goods, and services.
(3)
Locate housing within walking distance downtowns or town centers to promote general public health, reduce the number of vehicular miles travelled, support economic development, and meet community-based environmental goals, including reducing greenhouse gases and improving air quality.
(4)
Preserve open space in a community by locating new housing within or adjacent to existing developed areas and infrastructure.
(5)
Support public investment in public transit and pedestrian- and bike-friendly infrastructure.
(6)
Increase the municipal tax base through private investment in new residential developments.
B.
Establishment and applicability. This MCMOD is an overlay district having a land area of approximately 14.3 acres in size that is superimposed over the underlying zoning district(s) and is shown on the Zoning Map.
(1)
Applicability of MCMOD. An applicant may develop multi-family housing or mixed use housing located within a MCMOD in accordance with the provisions of this § 300-8.2.
(2)
Underlying zoning. The MCMOD is an overlay district superimposed on underlying zoning districts. The regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the respective underlying zoning district(s) shall remain in full force, except for uses allowed as of right or by special permit in the MCMOD. Uses that are not identified in § 300-8.2 are governed by the requirements of the underlying zoning district(s).
C.
Definitions.
(1)
Affordable unit. A multi-family housing unit that is subject to a use restriction recorded in its chain of title limiting the sale price or rent or limiting occupancy to an individual or household of a specified income, or both.
(3)
Applicant. A person, business, or organization that applies for a building permit, site plan review, or special permit.
(4)
Area median income (AMI). The median family income for the metropolitan statistical region that includes the Town of Upton, as defined by the U.S. Department of Housing and Urban Development (HUD).
(5)
As of right. Development that may proceed under the zoning in place at time of application without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval.
(6)
Building coverage. The maximum area of the lot that can be attributed to the footprint of the buildings (principal and accessory) on that lot. Building coverage does not include surface parking.
(7)
Compliance guidelines. Compliance Guidelines for Multi-Family Zoning Districts Under Section 3A of the Zoning Act as further revised or amended from time to time.
(8)
EOHLC. The Executive Office of Housing and Community Development.
(9)
Development standards. Provisions of § 300-8.2G, General development standards, made applicable to projects within the MCMOD.
(10)
Lot. A continuous parcel of land with legally definable boundaries.
(11)
MBTA. The Massachusetts Bay Transportation Authority.
(12)
Mixed-use development. Development containing a mix of residential uses and nonresidential uses, including commercial, institutional, or other uses.
(13)
Multi-family housing. A building with three or more residential dwelling units or two or more buildings on the same lot with more than one residential dwelling unit in each building.
(14)
Multi-family zoning district. A zoning district, either a base district or an overlay district, in which multi-family housing is allowed as of right.
(15)
Open space. Contiguous undeveloped land within a parcel boundary.
(16)
Parking, structured. A structure in which vehicle parking is accommodated on multiple stories; a vehicle parking area that is underneath all or part of any story of a structure; or a vehicle parking area that is not underneath a structure, but is entirely covered, and has a parking surface at least eight feet below grade. Structured parking does not include surface parking or carports, including solar carports.
(17)
Parking, surface. One or more parking spaces without a built structure above the space. A solar panel designed to be installed above a surface parking space does not count as a built structure for the purposes of this definition.
(18)
Residential dwelling unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
(19)
Section 3A. Section 3A of the Zoning Act, General Laws Chapter 40A.
(20)
Site plan review authority. The site plan review authority is the Planning Board.
(21)
Special permit granting authority. The special permit granting authority shall include the Select Board, Zoning Board of Appeals, Planning Board, or Zoning Administrators as designated by the Zoning Bylaws for the issuance of special permits.
(22)
Subsidized housing inventory (SHI). A list of qualified affordable housing units maintained by DHCD used to measure a community's stock of low- or moderate-income housing for the purposes of M.G.L. Chapter 40B, the Comprehensive Permit Law.
(23)
Transit station. An MBTA subway station, commuter rail station, or ferry terminal.
(a)
Commuter rail station. Any MBTA commuter rail station with year-round, rather than intermittent, seasonal, or event-based, service.
(b)
Ferry terminal. The location where passengers embark and disembark from regular, year-round MBTA ferry service.
(c)
Subway station. Any of the stops along the MBTA Red Line, Green Line, Orange Line, or Blue Line.
D.
Permitted uses.
(1)
Uses permitted as of right. The following uses are permitted as of right within the MCMOD.
(a)
Multifamily housing.
(b)
Mixed-use development. As of right uses in mixed-use development are as follows; any other type of mixed use is prohibited:
Ground Floor |
Community space. |
Educational uses. |
Retail. |
Experiential retail, including retail associated with dance or exercise studios, music studios, photography studios, or other combination of education, services, and retail. |
Restaurant, cafe, and other eating establishments without a drive-through. |
Office, professional office, medical and dental offices, and co-working space. |
Artists' studios, maker space, and small-scale food production no more than 5,000 SF, and retail associated with each use. |
Any Floor |
Residential (required component). |
Uses that are allowed by right within the Upton Center Business District (UCBD) pursuant to § 300-3.1. |
(2)
Accessory uses. The following uses are considered accessory as of right to any of the permitted uses in Subsection D(1).
(3)
Uses permitted by a special permit. The following uses and accessory uses are allowed by special permit and subject to the requirements of the MCMOD District:
(a)
Uses that are allowed by special permit within the Upton Center Business District (UCBD) pursuant to § 300-3.1.
(b)
Where a use may be allowed within the UCBD District by special permit, but is not otherwise allowed in the underlying zoning district, the standards of the UCBD District shall be applied.
E.
Dimensional standards.
(1)
Table of Dimensional Standards. Notwithstanding anything to the contrary in this Zoning, the dimensional requirements applicable to multi-family and mixed-use development in the MCMOD are as follows:
Standard | |
|---|---|
Lot size | |
Minimum (SF) | 10,000 |
Height | |
Stories | 2.5 |
Feet | 25 |
Minimum open space | 0% |
(2)
Additional standards.
Standard | |
|---|---|
Maximum building coverage | 30% |
(3)
Additional standards.
Standard | |
|---|---|
Minimum frontage | 100 |
Front yard setback | 30 |
Side yard setback | 10 |
Rear yard setback | 30 |
(4)
Multi-building lots. In the MCMOD, lots may have more than one principal building.
(5)
Exception. The limitation on height of buildings shall not apply to chimneys, ventilators, towers, silos, spires, or other ornamental features of buildings, which features are in no way used for living purposes and do not constitute more than 25% of the ground floor area of the building.
(6)
Exceptions. Renewable energy installations. The Planning Board may waive the height and setbacks in § 300-8.2E, Dimensional standards, to accommodate the installation of solar photovoltaic, solar thermal, living, and other eco-roofs, energy storage, and air-source heat pump equipment. Such installations shall not create a significant detriment to abutters in terms of noise or shadow and must be appropriately integrated into the architecture of the building and the layout of the site. The installations shall not provide additional habitable space within the development.
F.
These parking requirements are applicable to development in the MCMOD.
(1)
Number of parking spaces. The following maximum numbers of off-street parking spaces shall be permitted by use, either in surface parking or within garages or other structures:
Use | Maximum Spaces |
|---|---|
Multifamily | 1.5 spaces per dwelling unit |
Mixed use (nonresidential/commercial) | Sum of uses computed separately. See § 300-8.2F(2) below. |
(2)
Shared parking within a mixed-use development. Parking requirements for a mix of uses on a single site may be adjusted through the site plan review process, if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies pursuant to § 300-5.10B(2).
G.
General development standards.
(1)
Development standards in the MCMOD are applicable to all multi-family housing developments with four or more units or mixed-use developments of more than 5,000 square feet within the MCMOD. These standards are components of the site plan review process in § 300-8.2I, Site plan review.
(2)
Site design.
(a)
Connections. Sidewalks shall provide a direct connections among building entrances, the public sidewalk (if applicable), bicycle storage, and parking.
(b)
Vehicular access. Where feasible, curb cuts shall be minimized, and shared driveways encouraged.
(c)
Screening for parking. Surface parking adjacent to a public sidewalk shall be screened by a landscaped buffer of sufficient width to allow the healthy establishment of trees, shrubs, and perennials, but no less than six feet. The buffer may include a fence or wall of no more than three feet in height unless there is a significant grade change between the parking and the sidewalk.
(d)
Parking materials. The parking surface may be concrete, asphalt, decomposed granite, bricks, or pavers, including pervious materials but not including grass or soil not contained within a paver or other structure.
(e)
Plantings. Plantings shall include species that are native or adapted to the region. Plants on the Massachusetts Prohibited Plant List, as may be amended, shall be prohibited.
(f)
Lighting. Light levels shall meet or exceed the minimum design guidelines defined by the Illuminating Engineering Society of North America (IESNA) and shall provide illumination necessary for safety and convenience while preventing glare and overspill onto adjoining properties and reducing the amount of skyglow.
(g)
Mechanicals. Mechanical equipment at ground level shall be screened by a combination of fencing and plantings. Rooftop mechanical equipment shall be screened if visible from a public right-of-way.
(h)
Dumpsters. Dumpsters shall be screened by a combination of fencing and plantings. Where possible, dumpsters or other trash and recycling collection points shall be located within the building.
(i)
Stormwater management. Strategies that demonstrate compliance of the construction activities and the proposed project with the most current versions of the Massachusetts Department of Environmental Protection Stormwater Management Standards, the Massachusetts Stormwater Handbook, Massachusetts Erosion Sediment and Control Guidelines, and, if applicable, additional requirements under the Town's MS4 permit for projects that disturb more than one acre and discharge to the municipal stormwater system, and an operations and management plan for both the construction activities and ongoing post-construction maintenance and reporting requirements.
(3)
Buildings: general.
(a)
Position relative to the street or road providing legal frontage. The primary building shall have its principal facade and entrance the side of the lot which contains the legal frontage. See also Subsection G(7), Buildings: corner lots.
(b)
Entries. Where feasible, entries shall be clearly defined and linked to a paved pedestrian network that includes the public sidewalk.
(4)
Buildings: multiple buildings on a lot.
(a)
In a mixed-use building, access to and egress from the residential component shall be clearly differentiated from access to other uses. Such differentiation may occur by using separate entrances or egresses from the building or within a lobby space shared among different uses.
(b)
Parking and circulation on the site shall be organized so as to reduce the amount of impervious surface. Where possible, parking and loading areas shall be connected to minimize curb cuts onto public rights-of-way.
(c)
A paved pedestrian network shall connect parking to the entries to all buildings and the buildings to each other.
(d)
The orientation of multiple buildings on a lot should reinforce the relationships among the buildings. All building facade(s) shall be treated with the same care and attention in terms of entries, fenestration, and materials.
(e)
The building(s) adjacent to the public street shall have a pedestrian entry facing the public street.
(5)
Buildings: mixed-use development.
(a)
For a mixed-use development, uses may be mixed within the buildings or in separate buildings.
(b)
Paved pedestrian access from the residential component shall be provided to residential parking and amenities and to the public sidewalk, as applicable.
(c)
Materials for nonresidential uses shall be stored inside or under cover and shall not be accessible to residents of the development.
(d)
Parking and circulation on the site shall be organized so as to reduce the amount of impervious surface. Where possible, parking and loading areas shall be connected to minimize curb cuts onto public rights-of-way.
(6)
Buildings: shared outdoor space. Multi-family housing and mixed-use development shall have common outdoor space that all residents can access. Such space may be located in any combination of ground floor, courtyard, rooftop, or terrace. All outdoor space shall count towards the project's minimum open space requirement.
(7)
Buildings: corner lots. A building on a corner lot shall indicate a primary entrance either along one of the street-facing facades or on the primary corner as an entrance serving both streets.
(a)
Such entries shall be connected by a paved surface to the public sidewalk, if applicable.
(b)
All facades visible from a public right-of-way shall be treated with similar care and attention in terms of entries, fenestration, and materials.
(c)
Fire exits serving more than one story shall not be located on either of the street-facing facades.
(8)
Buildings: infill lots. If the adjacent buildings are set back at a distance that exceeds the minimum front yard requirements, infill buildings shall meet the requirements of § 300-8.2E, Dimensional standards. Otherwise, infill buildings may match the setback line of either adjacent building, or an average of the setback of the two buildings to provide consistency along the street.
(9)
Buildings: principal facade and parking. Parking shall be subordinate in design and location to the principal building facade.
(a)
Surface parking. Surface parking shall be located to the rear or side of the principal building. Parking shall not be located in the setback between the building and any lot line adjacent to the public right-of-way.
(b)
Integrated garages. The principal pedestrian entry into the building shall be more prominent in design and placement than the vehicular entry into the garage.
(c)
Parking structures. Building(s) dedicated to structured parking on the same lot as one or more multi-family buildings or mixed-use development shall be subordinate in design and placement to the multi-family or mixed-use building(s) on the lot.
(10)
Waivers. Upon the request of the applicant and subject to compliance with the compliance guidelines, the site plan review authority may waive the requirements of this § 300-8.2G, General development standards, in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the MCMOD.
H.
Affordability requirements.
(1)
Purpose.
(a)
Promote the public health, safety, and welfare by encouraging a diversity of housing opportunities for people of different income levels;
(b)
Provide for a full range of housing choices for households of all incomes, ages, and sizes;
(c)
Increase the production of affordable housing units to meet existing and anticipated housing needs; and
(d)
Work to overcome economic segregation allowing Upton to be a community of opportunity in which low- and moderate-income households have the opportunity to advance economically.
(2)
Applicability. This requirement is applicable to all residential and mixed-use developments with eight or more dwelling units, whether new construction, substantial rehabilitation, expansion, reconstruction, or residential conversion (applicable projects). No project may be divided or phased to avoid the requirements of this section.
(3)
Affordability requirements.
(a)
Subsidized housing inventory. All units affordable to households earning 80% or less of AMI created in the MCMOD under this section must be eligible for listing on DHCD's subsidized housing inventory.
(4)
Provision of affordable housing. In applicable projects, not fewer than 12.5% of housing units constructed shall be affordable housing units. If EOHLC determines that the Town has not shown this 12.5% requirement to be feasible, at least 10% of housing units constructed, or such greater percentage as approved by EOHLC in writing, shall be affordable housing units. For purposes of calculating the number of units of affordable housing required within a development project, a fractional unit shall be rounded down to the next whole number. The affordable units shall be available to households earning income up to 80% of the AMI.
(5)
Fee in lieu.
(a)
As an alternative to the requirements of Subsection H(4) of this section, and at the sole discretion and majority vote of Select Board upon a recommendation of the Planning Board, the developer or property owner shall contribute a fee to the Municipality's Affordable Housing Trust Fund in lieu of providing all or a portion of the required affordable housing units within the proposed development.
(b)
The fee in lieu of providing one or more affordable housing units shall be a minimum of $80,000 per required affordable housing unit not provided within the development. This fee may be adjusted upward by a majority vote of Select Board.
(c)
Any payment to the Affordable Housing Trust Fund as an in lieu contribution for affordable housing units shall be made as follows: at least 50% of the total owed prior to the issuance of a building permit; and the remaining total owed prior to the issuance of an occupancy permit.
(6)
Development standards. Affordable units shall be:
(a)
Integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of exterior and interior materials with the other units and/or lots;
(b)
Dispersed throughout the development;
(c)
Located such that the units have equal access to shared amenities, including light and air, and utilities (including any bicycle storage and/or electric vehicle charging stations) within the development;
(d)
Located such that the units have equal avoidance of any potential nuisances as market-rate units within the development;
(e)
Distributed proportionately among unit sizes; and
(f)
Distributed proportionately across each phase of a phased development.
(g)
Occupancy permits may be issued for market-rate units prior to the end of construction of the entire development provided that occupancy permits for affordable units are issued simultaneously on a pro rata basis.
I.
Site plan review.
(1)
Applicability. Site plan review is required for a project that proposes four dwelling units or more, pursuant to § 300-9.4 of the Zoning Bylaw. An application for site plan review shall be reviewed by the Planning Board for consistency with the purpose and intent of §§ 300-8.2D through 300.8.2H and under the provisions of Chapter 308 of the Town Code, Planning Board regulations for site plan approval.
K.
Severability. If any provision of § 300-8.2 is found to be invalid by a court of competent jurisdiction, the remainder of § 300-8.2 shall not be affected but shall remain in full force. The invalidity of any provision of this § 300-8.2 shall not affect the validity of the remainder of the Town of Upton Zoning Bylaw.