MapLink™ | General Requirements

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Accessory Structures
A. The yard provisions for principal structures shall apply to accessory structures, both detached or attached to the principal structure, when used for human occupancy.
B. A detached accessory structure of one story shall not be closer to the principal structure than 10 feet. A detached accessory structure of two stories or more shall not be closer to the principal structure than 15 feet.
C. No accessory structure or structures shall occupy more than 25% of the required rear or side yard areas.
D. No accessory building shall be nearer than five feet to any side or rear lot line.
Affordable Housing
A. All special permits granted to applicants to construct multifamily dwellings thereby increasing the number or density of residential dwellings to a number or level greater than that allowable as a matter of right under the zoning classification for the subject parcel shall require the following.
(1) Developments of 20 or more units.
(a) Number of affordable units. The development shall i) provide that at least 15% of the dwelling units to be constructed for homeownership or rental purposes will be made available at affordable prices to home buyers or renters, or ii) if authorized by a majority of the City Council, provide a sum not less than $50,000 per affordable dwelling unit that would have been required in Item i) above to be deposited as directed by the City Council into the fund for economic development created by Chapter 126 of the Acts of 2011 or into another fund designated by the City Council.

(b) Local preference. The development plan shall provide that all legally permissible efforts shall be made to provide 70% of the affordable dwelling units to eligible residents of the City of Marlborough.

(c) Distribution of affordable units. Dwelling units to be sold or rented at affordable prices shall be integrated into the overall development to prevent physical segregation of such units.

(d) Appearance. The exterior of the affordable units shall be designed to be compatible with and as nearly indistinguishable from the market rate units as possible.

(e) Minimum and maximum floor areas. Affordable housing units shall have a gross floor area not less than the minimum required by the State Department of Housing and Community Development under the regulations created under the authority of MGL Chapter 40B.

(f) Period of affordability. Limitations and safeguards shall be imposed to ensure the continued availability of the designated affordable units for a minimum of 99 years or in perpetuity. Such limitations and safeguards may be in the form of deed restrictions, resale monitoring, requirements for income verification of purchasers and/or tenants, rent level controls and the like.

(g) Limitation on change in affordability. In no event shall any change in affordability occur if the minimum percentage of affordable units required in the entire City under MGL Chapter 40B has either not been met at that time or such change in affordability would cause the City to fall below that percentage.

(h) Staging of affordable and market-rate units. No more than 50% of the building permits for the market-rate units shall be issued until construction has commenced on 30% of the affordable units. No more than 50% of the occupancy permits for the market-rate units shall be issued until 30% of the occupancy permits for the affordable units have been issued. The City Council may modify this provision for developments under 50 units.

(i) Alternate site. The City Council may allow the developer to build some or all of the affordable housing required by Subsection (a), above. on an alternate site within the City, provided that the City Council determines that this is in the best interest of the City and orders that this specific condition be attached to the special permit. The location of the alternate site shall either be specified at the time of approval for the special permit or selected within six months of said application and shall then be subject to approval by the Housing Partnership Committee or its successor, by the City Council if otherwise required by this Zoning Ordinance and by any other proper authority as may be required by law. The development of the alternate site shall comply with Subsection A(1), above, (b), (e), (f), (g), (h) and (j) of this section, and the staging of development on the alternate site shall be governed by Subsection (h), above, applied to all units on both the main and alternate sites.

(j) Guaranty of performance. The City Council shall require security in a form satisfactory to the City Council and City Solicitor to guarantee performance, including preservation of affordability, under this subsection, and no building permit shall be issued until and unless said security has been provided.

(2) Developments of 19 or fewer units. All provisions of Subsection A(1) above applicable to 20 or more units may also be applied to developments of 19 or fewer units as the City Council finds practical.

(3) The provisions of this section shall not apply to a special permit for an existing retirement community or the expansion of an existing retirement community as governed by §§ 650-21 and 650-22. This subsection will be effective pursuant to the applicable provisions of Chapter 40A of the General Laws.

(4) The provisions of this section shall not apply to projects which are granted special permits within the Marlborough Village District.
Building Identification
All buildings shall be identified as follows: There shall be attached the number of each building, issued by the City Engineer at the time of site plan approval, in letters or numbers a minimum of four inches high, in at least one location clearly visible from the street and in any event at the front entrance of all buildings and the rear entrance of multifamily and nonresidential buildings.
District Boundary Planting Area
A district boundary planting is intended as a buffer or transition between different uses and shall be provided as follows:
(1) Location. District boundary planting is required in the following locations:
 
(a) Nonresidential parcels. On any nonresidential zoned or used premises along the full length of any boundary, which:
[1] Abuts a residential district;
[2] Is located across a street from a residential district; or
[3] Extends into a residential district and said premises are being developed for a use not allowed in that residential district, unless abutting property is unbuildable because of wetlands as determined by the Conservation Commission.
 
(b) Residential parcels. On any residentially zoned parcel to be used for residential purposes, along the full length of any boundary which abuts nonresidential zoned or used premises which are already developed in whole or part and do not contain said boundary planting.
 
(2) Width. The width of the district boundary planting area, located adjacent to the boundary, shall be sufficient to act as a buffer or transition between uses. Said width shall be determined at site plan approval but shall not be less than the widths prescribed in this table.

(3) Planting. Said planting area shall be densely planted with shrubs and trees at least four feet high when planted and of a type expected to form a year-round dense screen or wall at least six feet high within three years or by an opaque fence or wall at least six feet high supplemented by landscaping on the residential side of the fence.

(4) Topographic features. If the abutting parcel is presently visually separated by topographic features, the planting area shall be provided with the required width, but the plantings need not be installed until and unless said topographic features are removed.

See § 650-47: Landscaping and screening. for complete, detailed information.
Driveways and Curb Cuts
All driveways. All driveways for all uses in all districts shall comply with the following minimum requirements:
 
(1) Road opening/curb cut permit required.
(a) Anyone wishing to construct a driveway on a lot having frontage on a public way or a way which the Clerk of the City certifies is maintained and used as a public way or a way shown on a plan heretofore approved and endorsed in accordance with the Subdivision Control Law or a way in existence when the Subdivision Control Law became effective in the City having, in the opinion of the Planning Board, sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic, shall first obtain site plan approval followed by a road opening/curb cut permit from the City Department of Public Works.

(b) In all cases, said permit shall be limited to the project granted site plan approval. Any substantial change in use of the curb cut (see below) shall require modification of the permit or application for a new permit which may contain new restrictions. "Substantial change" shall mean an increase of 10% or more in vehicle trips caused by expansion of the project or by a change of use from one use category to another as listed in § 650-48 of this chapter, or by addition of a drive-through facility, or a substantial impact on traffic caused by a change in the type, pattern or timing of such traffic.

(2) Location.
(a) Driveways per frontage. Driveway locations and number shall be subject to site plan approval, with the specific intent of meeting the purpose and objectives listed in Subsection § 650-49A above. Where appropriate, particularly in commercial areas, joint driveways shall be required where practicable. There shall be no more than one driveway street connection for lots with less than 200 feet of frontage and not more than one additional driveway for each 200 feet of frontage in excess of 200 feet, unless granted site plan approval for an alternative configuration based upon determination that public safety will be adequately protected and that commonly employed engineering and planning standards have been met in full.

(b) Distance from property line. The edge of the driveway shall be located no closer than the minimum distance governing parking areas as provided for under § 650-48C(5).

(c) Distance from building. No driveway shall be located within five feet of a building, except for driveways intended for drive-up window service, which shall be subject to site plan approval.

(d) Distance from hydrant. Within the street right-of-way, the paved edge of the driveway shall be no closer than 15 feet to a hydrant unless otherwise granted site plan approval based upon determination that public safety will be adequately protected.
 
(3) Grades. See § 650-49B(3) for details.
(4) Paving material. See § 650-49B(4) for details.
(5) Utilities relocation. The cost of any relocation of existing, City-owned and maintained utilities, mains and services due to the construction of a new driveway or repair or modification to an existing one shall be borne by the owner of the driveway.
(6) Paving drainage. All paving shall be designed and constructed in such a manner that the amount of surface water draining onto any public way or onto any lot in other ownership other than through a drainage easement or stream shall be minimized.
(7) Maximum curb opening. The maximum width of any curb opening measured at the street line shall be 25 feet, not including the driveway returns, unless authorized by the City Engineer and City Planner at site plan approval based on safety and planning considerations.
(8) Sight distance. The location of all driveways shall have adequate sight distance as required by § 650-47N.

Major driveways. "Major driveways" shall be defined as driveways likely to carry more than 200 vehicle trips per day. A "motor vehicle trip" shall be as defined in Article II of this chapter. Major driveways shall comply with the following requirements:
(1)  Dimensional requirements. The following requirements shall be met unless granted site plan approval for an alternative configuration based upon determination that safety will be adequately protected and that commonly employed engineering and planning standards have been met in full: see table for details on dimensional requirements for major driveways.
 
Minor driveways. "Minor driveways" shall be considered as driveways likely to carry less than 200 vehicle trips per day. Minor driveways shall be governed by the following minimum requirements:
(1) Dimensional requirements. The following requirements shall be met unless granted site plan approval for an alternative configuration based upon determination that safety will be adequately protected and that commonly employed engineering and planning standards have been met in full: see table for details on dimensional requirements for minor driveways.

Common driveways. Common or shared driveways shall be permitted, provided that they meet the following requirements:
(1) Purpose and approval. A common driveway shall not be permitted unless said driveway is determined at site plan review and approval to provide a reasonable public benefit which would not otherwise be obtained without use of a common driveway. Said benefit or purpose may include reduction in the number of curb openings or driveways onto major streets or at unsafe or unsuitable locations which can be avoided by provision of common or shared driveways.

(2) Number of single-family lots. No more than five single-family residential lots shall be served by a common or shared driveway, unless permitted under the provisions of the Subdivision Control Law or under an approved site plan as provided for in this chapter. Notwithstanding the foregoing, owners of lots developed under an approval-not-required plan in accordance with and permitted by Massachusetts General Laws may use a common driveway for more than five residential structures, provided that such driveway meets minimum road standards of the City as specified in the Rules and Regulations of the Planning Board for Subdivisions, unless such standards are modified during site plan review.

(3) Number of lots other than single-family lots. The number of lots, other than single-family lots, shall be determined on a case-by-case basis, based upon determination that safety will be adequately protected and that commonly employed engineering and planning standards have been met in full.

(4) Frontage. Common driveways may never be used to satisfy zoning frontage requirements. All the proposed building lots must have frontage on an acceptable way as defined in MGL c. 40, § 81L, and each lot frontage must also provide the possibility of independent practical access from the proposed structure or use to the way without using a common driveway.

(5) Point of access. Access obtained by way of easement over an abutting lot shall only be authorized by site plan approval.
(6) Covenants. Provisions for proper maintenance of common driveways shall be included in covenants and deed restrictions which shall be recorded.
(7) Construction. Common driveways must meet the dimensional and construction standards of major or minor driveways, as applicable.

See § 650-49: Driveways and curb cuts for complete, detailed information.
Existing and Nonconforming Uses
A. No building or other structure nor any land shall be used nor shall any building or other structure or part thereof be erected or altered except in conformity with the provisions of this chapter and any amendments thereof which apply to the district in which the building, structure or premises shall be located; provided, however, that this chapter shall not apply to the existing use of any building or structure or of land to the extent to which it was lawfully used at the time of the adoption of this chapter.

B. This chapter shall apply to any change of use thereof and to any alteration of a building or structure when the same would amount to reconstruction, extension or structural change and to any alteration of a building or structure to provide for its use for a purpose or in a manner substantially different from the use to which it was put before alteration or for its use for the same purpose to a substantially greater extent. Preexisting nonconforming structures or uses may be extended or altered, provided that the City Council determines, by the grant of a special permit, that expansion or alteration of a nonconforming use or structure is not substantially more detrimental to the neighborhood than the existing nonconforming use, except that an alteration, reconstruction, extension or structural change of or to a lawful preexisting nonconforming single-family dwelling or two-family house shall be governed by § 650-58B(3), and subject, however, to the following provisions:
 
(1) Any nonconforming use or structure which has been abandoned or not used for a period of two years or more shall lose its protected status and be subject to this chapter, except in the case of land used for agriculture, horticulture or floriculture for a period of less than five years.

(2) Such use is not enlarged to more than 25% of the floor and ground areas of use existing at the time of adoption of the original Zoning Ordinance, or any amendments thereto, except than any nonconforming farm may be enlarged up to the total area owned by the nonconforming farmer at the time of adoption of this chapter, and there shall be no limit as to the expansion of farm buildings.

(3) In case the use is destroyed or damaged by fire, explosion or other catastrophe to not greater than 75% of the fair market value of the building or structure, exclusive of foundation, based upon replacement cost immediately prior to such damage, the structure or use may be restored or rebuilt at the same location and used as previously, provided that:
(a) The building, structure or use of land as restored or rebuilt shall be no greater in floor or land area than the maximum permitted under Subsection (b), below.
(b) The restoration or rebuilding shall conform to this chapter so far as practicable and shall be completed within two years of the catastrophe, unless approved by the City Council in writing in accordance with Article VIII.
 
(4) The building or structure is completed if a permit for construction was granted prior to the adoption of this chapter and construction is accomplished within two years after the date of adoption of this chapter.

(5) The provisions of the above Subsection B(1), (2) and (3) shall not apply to a single-family dwelling.
Floor Area
A. Six hundred square feet for a dwelling unit on one floor.
B. Five hundred square feet for a dwelling unit on the first floor of a dwelling unit of 1 1/2 floors.
C. Four hundred square feet for a dwelling unit on the first floor of a dwelling unit on two floors.
D. Trailer coaches and mobile homes situated in a trailer court or trailer park shall have a minimum of 200 square feet per dwelling unit.
E. Motels and hotels shall have a minimum of 125 square feet of floor area per motel or hotel unit.
F. In a residential conference and training center, each dwelling unit which includes one bedroom and a portion of related common residential space to be occupied by no more than two persons shall have a minimum of 200 square feet of floor area.
Historic District
Applicability to historic district.
The provisions of §§ 650-40 through 650-49 shall not apply to any property located in a historic district which was duly created pursuant to the provisions of MGL Chapter 40C, or to any property which is used solely to provide accessory parking for any property in said historic district, if and to the extent that:
 
A. A certificate of appropriateness has been granted by a local historic district commission pursuant to MGL Chapter 40C regarding a construction or alteration of a building or structure on said property;

B. Said certificate of appropriateness specifically refers to one or more of said zoning sections and specifies the way in which the matter which is the subject of that zoning section or sections will be handled as part of the construction or alteration; and

C. The decision of the Historic District Commission contains written findings that the said Historic District Commission has solicited and received the written comments of the Building Commissioner, City Engineer, City Planner, Police Chief and Fire Chief regarding any such matters and has duly considered any comments so received, and that the way in which such matters will be handled as part of the construction process is in harmony with the general purposes and intent of this chapter and will not be detrimental to the neighborhood.

D. The alternative approved by the Historic District Commission does not reduce landscaping, the required pervious areas pursuant to § 650-23B(2), or building or other setback requirements which, according to the terms of the Zoning Ordinance, would otherwise have applied, by more than 50%, and does not reduce the required number of parking spaces by more than 25% of the number which would otherwise have been required.

E. The construction or alteration is done in compliance with all terms of the certificate of appropriateness.
Landscaping (General)
Landscaping and screening.
A. Objectives. See § 650-47: Landscaping and screening for details.
 B. Applicability. Landscaping, planting areas and screening shall be provided in accordance with all provisions of this section as specified below:
(1) When the building or site undergoes a change of use or is enlarged by more than 10% of the floor or ground areas of use or when any new principal building is built on the site or when any new building, addition, alteration or change of use requires a parking increase of five or more spaces.
(2) Compliance with all provisions of this section to the maximum extent practicable, as determined at site plan approval, shall be a requirement for approval of any site plan or off-street parking plan or issuance of any building permit, occupancy permit or special permit.
(3) An application for a special permit for a use, structure or activity that does not comply with the provisions of this section shall not be granted until compliance to the maximum extent practicable is demonstrated.

D. Planting area requirements. The following requirements shall apply to all planting areas required by this section, except as provided hereinafter:
(1) Planting areas and lot coverage. Planting areas on a lot shall be considered a part of the total landscaped area on a lot required by the maximum lot coverage provisions of § 650-43. Any landscaped area required by the lot coverage provisions and located outside of a planting area required by this section shall meet the requirements of Subsection D(3), Ground surface materials, but need not meet the requirements of Subsection (4) or (5), below,  for planting type and size and planting quantity and spacing.

(2) Location. The planting area required by this section shall be located entirely within the lot. Additional planting area may be provided outside the lot but shall not be credited to the area required within the lot.

(3) Ground surface materials. See § 650-47D(3) for details.
 
(4) Planting type and size. Required plantings shall include both trees and a mix of deciduous and evergreen shrubs to maintain effectiveness throughout the winter and preferably will include vegetation existing on the site. To be credited towards meeting these requirements, trees must be at least two inches caliper four feet above grade at the time of planting, be of a species common in the area and which reach an ultimate height of at least 20 feet when mature. Shrubs must be at least 12 inches in height at the time of building occupancy and be of a species common in the area. Live ground cover, lawn grass or hedgerows may be substituted for shrubs as provided under Subsection D(5) below.

(5) Planting quantity and spacing. See § 650-47D(5) for details.

(6) Existing vegetation. Wherever possible, the above requirements shall be met by retention of existing plants, including as follows: If located within the street frontage planting area required by this section, no existing tree of six inches in caliper or greater (measured four feet above grade), dense hedgerow of four or more feet in both depth and height, or existing earth berm providing similar visual screening shall be removed or have grade changed more than one foot unless required by plant health or access safety.

(7) Curb protection of landscaping from vehicles. Except for single- and two-family dwellings, wherever landscaping areas are adjacent to parking areas or driveways, the landscaped areas shall be suitably protected by raised curbing to avoid damage to the plant materials by vehicles and by snowplows and to define the edge of the landscaped area. The edge of the landscaped area shall also be defined by tall stakes during winter season. Curb specifications for parking areas and driveways are included in § 650-49.

(8) Walls or fences. Walls or fences may not be substituted for plant materials to reduce the required planting area. A wall or fence may be added where a mass of plant materials would not provide an adequate screen, in which case planting shall be provided along the side of the wall or fence.

See § 650-47: Landscaping and screening for complete, detailed information.
Lighting, Exterior
(a) All artificial lighting used to illuminate a parking or storage area, maneuvering space or driveway shall be arranged and shielded so as to prevent direct glare from the light source into any public street or private way or onto adjacent property.

(b) The level of illumination of lighting for parking and loading areas shall be low so as to reduce the glow of ambient lighting perceptible at nearby properties or streets.
Location and Height of Buildings
A. No building or other structure nor any land shall be used, nor shall any building or structure be erected, except in conformity with the provisions of this chapter and any amendments thereof which apply to the district in which the building, structure or premises shall be located.

B. No three-family dwelling, multifamily dwelling, two-family dwelling having two or more lodgers in addition to the family units contained therein, nor boardinghouse having facilities for four or more lodgers located in a district in which the building is otherwise permitted or exceeding 2 1/2 stories in height shall be erected or created through conversion or otherwise unless a special permit is granted in each case by the City Council after a public hearing, except as may otherwise be specifically provided in this chapter.

C. A minimum accessway of at least 30 feet in width is required for any and all multifamily dwellings.

D. Within any district, no building, structure or lot shall be used or arranged or designed to be used in any part for any trade, business, industry or purpose of any kind that is noxious or offensive by reason of the emission of odor, dust, refuse matter, vapor, smoke, gas, noise, vibration, wastes or combination of wastes, which because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health, safety or welfare or to the environment when improperly treated, stored, transported, used or disposed of or otherwise managed.

E. No uninhabitable structure which exceeds 30 feet above the ground shall be located in any district, unless otherwise provided.

F. For the purposes of this chapter, all principal buildings may be built on any lot located in a district in which the building is permitted, provided that:
(1) The lot has frontage abutting a public or private way or on a way shown on a plan previously approved under the Subdivision Control Law or on a way which existed when the Subdivision Control Law became effective and which, in the opinion of the Planning Board, has sufficient width, suitable grades and adequate construction to provide for vehicular traffic and for the installation of municipal services.

(2) It is located so as to comply with the following requirements for height and yards.

(3) No building in any district need be located or placed further from the exterior line of any street or public way than the average distance from such street or way line of the dwellings or other principal buildings located on the lots adjacent thereto on either side. In determining such average, a vacant side lot having a frontage of 50 feet or more shall be considered as though occupied by a building having the required setback, and a lot separated from the lot in question only by a vacant lot having a frontage of less than 50 feet shall be deemed an adjacent lot.

(4) The front, side and rear yard provisions hereof may be varied by the Board of Appeals in the specific case of an irregular, narrow or shallow lot or a lot unusual either in shape or topography, provided that in the opinion of the Board it is impossible or extremely difficult to adhere to such provisions.

(5) Roofs, porches and other projections. See § 650-40F(5) for details.

(6) In all districts except within the flight path of commercial or governmental airports, farm buildings, churches, municipal or institutional buildings and spires, domes, steeples, radio towers, chimneys, broadcasting and television antennas, bulkheads, cooling towers, ventilators and other appurtenances usually carried above the roof may have any height.

(7) Every building shall have frontage on a way, public or private, or a clear unobstructed passageway at least 20 feet wide for its entire length over the lot on which it is located to said way. If a building is located in the rear of another building located on the same lot, the open space between such buildings shall be at least 50% greater than the rear yard requirement for the district. The rear building shall be subject to side and rear yard requirements of the district in which it is located. For purposes of this Subsection, separate buildings within a shopping mall or retail lot shall be treated as a single building.

(8) In all districts in which multifamily dwellings are allowed, there shall be provided with each apartment building a landscaped area equal to the greatest single floor area of the building.

(9) Land used for outdoor storage for commercial purposes shall be screened from streets abutting the property and for adjacent properties by a solid fence of sufficient height to obscure materials stored therein. Affected parties shall be given six months from date of adoption of this chapter to comply.

(10) Bridges, walkways or passageways, enclosed or otherwise, connecting buildings located on a large tract development lot shall not negate the existence of each such building as a separate building, and each building so connected shall be deemed to be a separate building for all purposes of this Zoning Ordinance.

(11) Bridges, walkways or passageways, no longer than 200 feet in length, enclosed or otherwise, connecting buildings located on different lots in a Limited Industrial District shall not thereby violate any lot setback provision of any building or buildings connected by said structures.

See § 650-40: Location and height of buildings for complete, detailed information.
Lot Coverage, Maximum
A. Structures in all zones together with all parking and driveways shall conform to the maximum lot coverage provision indicated in the Table of Lot Area, Yards and Height of Structures. Within a Limited Industrial District, maximum lot coverage for development of a shopping mall on a development lot may be increased to 85% when approved by the City Council, as provided in § 650-59, in writing, provided the City Council finds that, in connection with such development, infrastructure improvements are to be made by the applicant that will benefit not only the development but other property within the City.

B. Maximum lot coverage for development of retail stores, shops, restaurants or service establishment uses, excluding automotive service establishments (such as gasoline filling stations and places for the repair and service of motor vehicles), on a retail lot may be increased to 85% when approved by the City Council, as provided in § 650-59, in writing, provided the City Council finds that, in connection with such development, infrastructure and/or open space improvements are to be made by the applicant that will benefit not only the development but other property within the City.
Lot Size
For the purposes of this chapter, all principal buildings may be built on any lot located in a district in which the building is permitted, provided that the lot complies with the requirements included in the Table of Lot Area, Yards and Height of Structures, except where specifically provided otherwise by this chapter, and further provided that:
A. Lot area requirements.
(1) Lot area.
(a) Minimum lot area. The lot contains the minimum area required.

(b) Minimum area for principal building. The minimum lot area shall not be counted for more than one principal building, except in the case of:
[1] Limited Industrial and Industrial Districts.
[2] Multifamily dwellings located in any district where said dwellings are permitted, subject to requirements specified elsewhere in this chapter for said dwellings.
 
(c) Single- or two-family dwellings. In all districts in which single- or two-family dwellings are allowed, only one principal building containing said one- or two-family dwelling shall be permitted on any one lot, no matter what the lot area, unless said lot is located in a district where more than one of said principal buildings is specifically permitted by other provisions of this chapter.

(d) Area within street not included. In determining lot area, no part thereof within the street lines or within a private road or right-of-way for travel by motor vehicles to another lot shall be included. Street lines shall determine lot boundaries.
 
B. Lot shape. The lot shall be large enough to contain a rectangle having one side equal in length to the required frontage and situated parallel to the mean direction of the front lot line and the other side equal to 3/4 of the required frontage. Where the front lot line is curved, the mean direction of the front lot line shall be the line established by connecting the intersection points of the side property lines with the street line. Said rectangle shall touch the front lot line, but no part of said rectangle shall intersect any lot line.

C. No lot on which a building is located in any district shall be reduced or changed in size or shape so that the building or lot fails to comply with the lot area, frontage, setback, yard or height provisions of this chapter applicable to the construction of the building on the lot. This provision shall not apply, however, when a portion of a lot is taken or conveyed for a public purpose.

D. On corner lots, the setback provisions governing the location of the building shall apply in relation to both streets or ways.

E. Any lot or lots of land described in a deed and officially recorded with the Registry of Deeds or included in a subdivision approved in writing in accord with the Subdivision Regulations of the Planning Board of Marlborough by said Board at the time of the adoption of this chapter may be used for any permitted use in the district in which the lot or lots are located, provided that:
(1) In the case of a nonconforming lot, the adjoining lot is not vacant and not in the same ownership.
(2) Any lot on which more than one house existed at the time of the adoption of this chapter may be divided and sold to separate owners and used with a minimum of nonconformance.
 

F. Any increase in the area, frontage, width, yard or depth requirements of this chapter shall not apply to a lot to be used for dwellings with one- and two-dwelling units which, at the time of recording or endorsement, whichever occurs sooner, was not held in common ownership with any adjoining land; conformed to then-existing requirements and had less than the proposed requirement but at least 5,000 square feet of area and 50 feet of frontage. The provisions of this subsection shall not be construed to prohibit a lot being built upon if, at the time of the building, building upon such a lot is not prohibited by this chapter.

G. In the application of the requirements of this chapter, including, without limitation, those set forth in §§ 650-42, 650-43, 650-45, 650-47 and 650-48, the same shall not be applied to the individual lots comprising a developing lot or a retail lot but shall be applied as if the development lot or a retail lot were the lot, notwithstanding the fact that the individual lots within the development lot or a retail lot may be in different ownership.
Maintenance of Landscaping Materials
(1) The owner of the lot shall be responsible for the maintenance, repair and replacement of all landscaping materials installed in accordance with the approved landscaping plan required under § 650-47C.

(2) All plant materials required by this section shall be maintained in a healthful condition. Dead limbs, refuse and debris shall be promptly removed. Bark mulch and nonplant ground surface materials allowed by the section shall be maintained so as to control weed growth. Dead plantings shall be replaced with new live plantings of the required size and quantity at the earliest appropriate season. Shrubs and live ground surface plant materials, such as grass or ground cover, shall be properly maintained in presentable appearance or replaced in kind at the earliest appropriate season.

(3) Plantings shall be selected and designed so as not to require high water use for maintenance. If grassed lawn areas or thickly planted shrubs or ground cover are used in the street frontage planting areas, a permanent water supply system, sufficient to serve the landscaped areas, shall be provided by the installation of a sprinkler system and/or hose bibs placed at appropriate intervals.

(4) Fences and walls shall be maintained in good repair and presentable appearance or replaced.

See § 650-47: Landscaping and screening for complete, detailed information.
Mechanical Equipment
Wherever possible, in all districts on nonresidential properties all air-conditioning equipment, transformers, elevator equipment or similar mechanical equipment on any roof or building or on the ground shall be screened from public view to the maximum extent practicable.
Nonconformities and Exceptions
Nonconforming landscaping and screening.
(1) Any landscaping, screening and fencing legally provided or erected and conforming to the requirements of this section when so erected may continue to be maintained, even though as a result of changes to this section the landscaping and screening no longer conforms to its requirements, provided that such landscaping and screening shall not be reduced, enlarged, redesigned or altered except so as to make them conform to said requirements, and further provided that any such landscaping and screening which has been destroyed or damaged to such an extent that the cost of restoration would exceed 50% of the replacement value of the landscaping and screening at the time of destruction or damage shall not be repaired, rebuilt or altered, except so as to make such landscaping and screening conform to the requirements of this section.

(2) The exemption for nonconforming landscaping and screening and fencing herein granted shall terminate with respect to any landscaping and screening which shall:
(a) Have been abandoned; or
(b) Not have been repaired or properly maintained for at least 60 days after notice to that effect has been given by the Building Commissioner.

Exceptions. Where plant materials required by this section would harmfully obstruct a scenic view, substitution of additional low-level plantings which will visually define the street edge or property line may be authorized on the landscaping plan required by Subsection D, provided that proposed buildings are also designed and located to preserve that scenic view. Within the Marlborough Village District, where significant topographic change or other site conditions on the development lot or the abutting parcel would eliminate the benefits of the above landscaping and screening requirements on the abutting parcels, other more appropriate measures may be approved as part of site plan review and approval.

See § 650-47: Landscaping and screening for complete, detailed information.
Off-Street Parking
Buildings and land uses in existence on the effective date of this chapter are not subject to these parking requirements, but any parking facilities then serving or thereafter established to serve such buildings or uses may not in the future be reduced below these requirements.

Location and layout of parking facilities.
Required off-street parking facilities shall be provided on the same lot as the principal use they are required to serve. The required parking areas may be provided on any lot under the same ownership and within 400 feet of the building or structure to be served. In a Limited Industrial District, the parking shall be provided within 500 feet of the building or structure to be served, on the building lot, on any lot under the same ownership, or on any lot subject to an easement to the owner of said building to be served which, in the opinion of the Building Commissioner, causes said parking to be available for the purposes of this section.

The requirement that parking areas be provided within 400 feet of the building or structure to be served set forth in Subsection (1) above shall not be applicable to parking provided on a large tract development lot. Parking areas provided on a large tract development lot shall be within 600 feet of the nearest building or structure to be served.

Full-size parking dimensions. The minimum dimensions of full-sized parking stalls and aisles shall be as indicated in the Table of Parking Dimensions: Full-Sized Spaces. [See Subsection (4) below for compact-sized spaces.] The complete stall dimensions shall be paved and no deduction shall be obtained for bumper overhang. See table for information on parking space dimensions.

Compact-sized parking spaces. See § 650-48C(4) for details.

Parking setbacks. For purposes of maintaining adequate, open landscaped space in yards, adequate separation of parking and driveways from lot boundaries, streets and buildings and adequate space for snow stockpiling, the following provisions shall apply: see § 650-48C(5) for details. 

Parking areas shall not be used for automobile sales, gasoline sales, dead storage, repair work, dismantling or servicing of any kind, and lighting that is provided shall be installed in a manner that will prevent direct light shining onto any street or adjacent property.

(8) Access to parking spaces.
(a) Backing into street. In no case shall parking or loading stalls be so located as to require the backing or maneuvering of vehicles onto the sidewalk or into a public way upon entering or leaving the stall, except for single- or two-family houses. An exception may also apply where three or more dwelling units are provided through conversion of a one- or two-family dwelling, subject to site plan approval.

(b) Access to nonresidential and multifamily residential parking spaces. All required parking spaces serving nonresidential or multifamily residential uses shall be so arranged as to permit vehicle access and egress to any space when all other required spaces are filled.

Construction of parking and loading areas. See § 650-48D for detailed information.
Open Space Developments
General description. An "open space development" shall mean a development of residential lots in which the houses are in one or more groups on the site, separated from each other and from adjacent properties by permanently protected open space.

Applicability.
(1) Special permit required. In open space developments, no building or premises shall be used, nor shall any building or structure be constructed or reconstructed, unless a special permit has been granted by the Planning Board in accordance with the provisions of this section.

(2) Zoning districts. Open space development shall be limited to the following zoning districts: Rural Residence RR, Residential A1, A2 and A3.

(3) Compliance with subdivision regulations. Subsequent to the granting of the special permit, compliance with the rules and regulations regarding the subdivision of land must be met.

(4) Previously approved subdivisions. Where a definitive plan has been previously approved under conventional zoning by the Planning Board and construction has not commenced, an applicant may submit a new plan under this section. As an incentive to encourage new applications to be made under this section:
(a) The number of allowable lots may be based on the previously approved plan.
(b) Consideration may be given by the Planning Board to requests for waivers from the subdivision rules and regulations if a benefit to the City is demonstrated, so that the cost of constructing roads, utilities and other infrastructure items may be reduced.
(c) Application fees may be waived by the Planning Board.

General requirements.
(1) Uses. Uses in an open space development shall be limited to those uses permitted within the applicable zoning districts as specified in Article V, § 650-17.

(2) Site ownership. The development may consist of a single parcel of land or contiguous parcels, provided they are in common ownership or are submitted with the binding consent of different owners.

(3) Access. Each lot shall have adequate access on a public or private way. Common driveways are permitted in accordance with requirements appearing elsewhere in this chapter.

(4) Ways, interior drives, and utilities. The construction of all ways, interior drives and utilities shall be in accordance with the standards specified in the Planning Board's Rules and Regulations Governing the Subdivision of Land unless the Planning Board waives said rules and regulations based on its determination that adequate access will be provided to all lots in the development by ways that will be safe and convenient for travel.

(5) Lot layout. Each lot shall be of a size and shape to provide a building site which shall be in harmony with the natural terrain and other features of the land.

(6) Internal circulation. There shall be an adequate, safe and convenient arrangement of pedestrian circulation, roadways, driveways and parking.

Common open space requirements.
(1) General. All land not devoted to dwellings, yards, accessory uses, roads or other development shall be set aside as common open space.

(2) Use. The use of common open space shall be restricted to the following:
(a) Active and passive recreation, conservation, forestry, agriculture, natural buffers.
(b) Accessways, parking, underground utilities and structures necessary for and accessory to the uses in Subsection (a) above.
 
(3) Number of parcels. Common open space may be in more than one parcel, provided that the size, shape and location of such parcels are suitable for the designated uses.

(4) Access. The common open space shall be provided with adequate access from a public or private way.

(5) Minimum area. The total area of common open space shall equal or exceed the area by which all residential lots are reduced below the basic minimum lot area normally required in the zoning district. In no case shall said total area be less than 40% of a total site in an RR District, 30% in an A-1 or A-2 District or 20% in an A-3 District, even if density bonuses are included as provided for under § 650-28E(2)(c).

(6) Land characteristics. The following lands may be used to meet the minimum requirements for common open space only in the proportions specified in the table below. However, if more than the minimum area of open space is provided, then these lands may be included within the excess common open space. See table for detailed information.

(7) Perimeter buffers. Perimeter buffers are required where abutting property has already been developed with single-family homes on lots in full conformity with the requirements of this chapter as of January 1, 1992, and where residential structures within the open space development are located on lots of reduced size allowed by this section. Where buffers are required, said structures shall be set back from the boundaries of the development by a distance no less than double the minimum yard dimension in the underlying zoning district. Within said setback shall be a buffer strip which shall be kept in a natural landscaped condition. The Planning Board may require the planting of trees if none exist naturally. Said buffer strip may be located either within a privately owned residential lot having a buffer easement or, alternatively, within the common open space, as the Planning Board shall determine.

(8) Design guidelines. The design of the common open space shall, to the extent practical, follow the design guidelines to be used by the Planning Board in making a decision on the special permit, as described in § 650-28H(8)(b).

Ownership and management of open space. See § 650-28G for detailed information.
Outdoor storage and loading areas, refuse disposal  
(a) All outdoor storage areas for nonresidential uses in all districts, all loading areas for nonresidential uses located in a residential districts and all facilities for refuse disposal for all uses in all districts, except one- and two-family houses, shall be screened from view at normal eye level from any residential living unit, public or private street, common parking lot or adjoining lot residentially used or zoned to the extent practicable. Refuse storage areas shall be located no closer to the property line than the applicable setback requirements for accessory buildings.

(b) Screening shall consist of a solid wall or fence compatible with surrounding architecture and materials, of a height sufficient to completely screen the area at the time of installation but not less than six feet high. The fence or wall may be supplemented but not replaced by plantings.
Parking Lot Planting Area
Planting areas around parking lots.
(1) Perimeter of parking lot. On at least three sides of the perimeter of an outdoor parking lot containing 10 or more parking spaces, there shall be a planting area or strip with a minimum width equal to the width required for side line planting areas under Subsection F above, except that, where the perimeter is along the street frontage or district boundary, the planting areas shall have the larger dimensions required by this section. The plantings in the perimeter area shall be according to Subsection D, Planting area requirements.

(2) Interior of lot.
(a) A minimum of 3% of the interior area of a parking lot containing a total of 50 or more spaces must be planted as landscaped islands or areas exclusive of perimeter landscaping. The interior area of the lot shall be computed as the paved area excluding all parking spaces abutting the perimeter of the parking lot.

(b) Planting on landscaped islands. Planting islands or areas on the interior of a parking lot shall each contain not less than 100 square feet of unpaved soil area and have a minimum dimension of seven feet. Each island shall be planted with at least one tree and four shrubs. A minimum of one tree and four shrubs, exclusive of perimeter plantings, must be planted for every 12 cars in the interior area of the parking lot.

(c) Location of landscaped islands. The landscaped islands shall be contained within or project into a parking lot and be so located that some part of every parking space is not more than 45 feet from a landscaped area on the perimeter or interior of the parking lot. See the Landscaping and Screening Diagram at the end of this chapter for alternative layouts.

(d) Protection of landscaped islands. Each such landscaped island shall be surrounded by curbs at least six inches high for protection from vehicles, and the area may be used to locate fire hydrants.

(3) Site plan approval. The above requirements shall be complied with to the extent practicable. Grouping of landscaped islands into larger landscaped areas may be allowed if the result meets the intent of this section as interpreted by the City Planner at site plan approval.

(4) Within a Limited Industrial District, the requirements of Subsection (2), above may be suspended for the development of a shopping mall or a retail lot when approved by the City Council, as provided in § 650-59, in writing, provided that the City Council finds that, at the perimeter of the development lot or a retail lot, the strip required under Subsection (1), above is increased by a minimum of 125% of the area that would be devoted to the islands under Subsection (2), above if the requirements of Subsection (2), above were applicable to the development lot or a retail lot.

Screening of parking lots from residential uses. In all residential districts or on a lot used for residential purposes the following provisions shall apply: Any outdoor parking lot containing five or more parking spaces, all loading bays, maneuvering aisles and driveways shall be screened in a manner to protect abutting residential lots from the glare of headlights, noise and other nuisance factors by the following screening:
(1) A planting area not less than seven feet wide adjacent to the parking lot, densely planted with shrubs and trees at least four feet high when planted and of a type expected to form a year-round dense screen at least six feet high within three years; or

(2) A fence or wall of uniform appearance at least six feet high above the parking lot surface. Such wall or fence may be supplemented by planting and shall be located at least seven feet away from any parking or loading space to allow for vehicle overhang or snow clearance. Such wall or fence may be opaque or perforated, provided that no more than 50% of the fence face is open. If snowdrifts are likely, the fence shall be designed accordingly.

See § 650-47: Landscaping and screening for complete, detailed information.
Refuse Areas Refuse areas required. In all districts all structures except one- and two-family dwellings shall be provided with an area or areas suitable for storage of refuse and like matter, in compliance with regulations of the Board of Health, screened as required in this chapter, located away from living quarters and within the setback requirements for accessory buildings. Said refuse or like matter shall be removed and disposed of periodically and as required to prevent accumulations and to further ensure the health and safety of the tenants of such building or buildings or of abutters and to protect the property values of abutting property. Nothing herein shall prevent owners of abutting properties from jointly setting aside and managing an area for storage of refuse and like matter.
Retaining Walls and Embankment Stabilization
Retaining walls and embankment stabilization. Retaining walls and embankments requiring stabilization, visible from the exterior of the lot, shall utilize natural rock material for facing where practical and technically feasible and shall be planted with suitable shrubs at not less than one plant per 50 square feet to enhance appearance.

See § 650-47: Landscaping and screening for complete, detailed information.
Side Line Planting Area
Side line planting areas are required with the following minimum widths except for where structures are built according to zero-foot side yard setbacks as allowed in the Marlborough Village District.
(1) One- and two-family dwellings: No side line planting is required.
(2) Nonresidential and multifamily residential uses on lots with under 40,000 square feet of lot area: five feet.
(3) Nonresidential and multifamily residential uses on lots with over 40,000 square feet of lot area: seven feet.
(4) All lots where common driveways on the lot line are approved at site plan approval: No side line planting is required.
(5) In a Limited Industrial District, the side yard landscaping requirement shall not apply to side yard or rear yard lines that bisect parking lots, if both lots are in common ownership or if there are parking easements that, in the opinion of the Building Commissioner, adequately allow for parking in one lot by persons using the other lot.
Sight Distance
(1) Measurement. In order to provide an unobstructed sight distance for motorists, there shall be no obstruction as described below within a triangle which measures at least 25 feet on two sides of the intersection of a street with another street or a driveway, interior drive or bikeway. The triangle shall be measured from the point of intersection or, in the case of a rounded corner, the point of intersection of the tangents, in a direction away from the intersection for a distance of at least 25 feet along the street right-of-way line; along the side line of the other street, driveway, interior drive or bikeway for a distance of at least 25 feet; and by a third line connecting these two points.

(2) Obstruction. The word "obstruction," as used in this section, shall mean anything erected, placed, planted or allowed to grow in such a manner as to impede vision for motorists between a height of two feet and eight feet above the grade of the center line of the street and the intersecting street, driveway, interior drive or bikeway.

(3) Ground elevation. In all cases of new construction and in other cases when deemed necessary by the permitting authority, ground elevation (hills, embankments, etc.) shall be considered as an obstruction to sight requirements if said elevation is higher than the two feet put forth above within the prescribed area.

(4) Illustration. The illustration of sight distance is included at the end of this chapter.
Street Frontage Planting Area
Location and width.
(a) A continuous landscaped strip shall be provided adjacent to the right-of-way line of any street (existing, proposed, paper, public or private) or highway, except for driveways or walkways located essentially perpendicular to the street frontage. This landscaped strip shall have a minimum width as prescribed below, provided that said minimum width shall be increased if required by provisions of this Subsection (b) following, and also provided that, if the front yard (building setback) as built, not as required, is less than the width of the landscaped strip, then the landscaped strip may be reduced to not less than the depth of the front yard. Said minimum width shall be as follows.
[1] One- and two-family dwellings: the minimum width of the required front yard.
[2] Multifamily dwellings (except multifamily dwellings and mixed use structures in the Marlborough Village District): the minimum width of the required front yard.
[3] Nonresidential uses and districts:
[a] Along Main Street in the Marlborough Village District: zero feet.
[b] Commercial and Automotive Districts, and for all portions of the Marlborough Village District not fronting on Main Street: 10 feet.
[c] Other districts: 15 feet.
 
(b) In nonresidential districts (except in the Marlborough Village District) or where nonresidential uses or multifamily housing exists in a residential district, the street frontage landscaped strip shall have a greater width than the requirements of the above subsection by providing, where applicable, an additional one foot of width for each 20 feet or fraction thereof of street frontage over 100 feet in length. The maximum required width for said street frontage landscaped strip shall be 25 feet.

Planting in right-of-way. The landscaped strip adjacent to the right-of-way required by this section must be located within the affected parcel, and state or City property within the right-of-way may not be used to meet the requirements of this section. However, wherever possible, the extension of grass or ground cover into said right-of-way is encouraged but must be approved on the landscaping plan and maintained by the owner of the affected parcel.

Planting requirements.
(a) For other than residential uses in all districts, the street frontage planting area shall be planted with trees and shrubs according to Subsection D, Planting area requirements, entirely within the frontage planting strip next to the right-of-way.

(b) For residential uses in all districts, the required plantings shall consist of one shrub per five linear feet and one tree per 30 linear feet of frontage. Said plantings shall be located anywhere within the front yard.

(c) For one- and two-family dwellings, the plantings may be installed within one year of the issuance of the certificate of occupancy, provided that the dwelling is not built for profit or for the use and occupancy of the builder or developer. (See Subsection M, Inspection, date of completion and enforcement.)

See § 650-47: Landscaping and screening for complete, detailed information.
Subdivisions
A  parcel located in a residence district with frontage on a public way may be subdivided, subject to a special permit from the Planning Board, into limited development subdivision lots for the use only as single-family dwellings under the alternative lot area, frontage and dimensional criteria set forth below; provided, however, that the special permit applicant must clearly demonstrate to the Board that the parcel which is the subject of the special permit application could be subdivided by right under conventional subdivision requirements, as set forth in the applicable ordinances of the City of Marlborough, the Subdivision Control Law and the Board’s rules and regulations, into at least 2 1/2 times as many building lots as the number of building lots proposed in the special permit application.

A. Limited development subdivision lot criteria:
(1) A minimum lot area of 2 1/2 times the minimum lot area of the zoning district within which it is situated, exclusive of wetlands and land within utility easements. Where a lot is within two zoning districts, the minimum lot area provisions of the more restrictive district shall apply.

(2) A minimum lot frontage and minimum lot width of 40 feet.
(3) A minimum front, side and rear yard setback of 50 feet.

(4) An area of land must be provided wholly within the interior of the lot meeting a minimum dimension. That dimension shall be determined by creating a rectangle having two sides equal to the frontage requirement of the district and two sides having lengths equal to 75% of the district frontage.

(5) Driveways on limited development subdivision lots shall have a minimum width of 12 feet and a maximum grade of 10% and shall in all other aspects abide by requirements for driveways found in other sections of the chapter. Each lot shall have adequate access to ensure the accessibility of public safety and emergency vehicles. The Planning Board shall request a recommendation from the Site Plan Review Committee relative to the adequacy of such access.

(6) All driveways shall be provided with adequate turnarounds to allow the turning and exiting of public safety and emergency vehicles during all weather conditions.

(7) Shared driveways shall be allowed only if it has been demonstrated that adequate suitable space is available on each lot for construction of a nonshared driveway. Any special permit granted under this section shall require that the shared driveways be designated as private ways and not public ways.

(8) The applicant for a special permit hereunder shall file with the Planning Board a preliminary plan that must clearly demonstrate to the Board that the parcel which is the subject of the special permit application is capable, as of right, of conventional subdivision, pursuant to the applicable ordinances of the City of Marlborough, the Subdivision Control Law and the Board's rules and regulations, into at least 2 1/2 building lots for each building lot proposed under the limited development subdivision criteria.
Transfer, Equipment Lockers and Underground Installation of Utility Lines
In all districts when electric, telephone and all other utility lines or cables are proposed to be extended or relocated in connection with the development or redevelopment of land or a building for nonresidential purposes, they shall be installed underground. Transformers and other equipment located above ground shall be screened from public view by planting or fencing.
 
Use Regulations Applicable In All Districts
A. All permitted uses are subject to the appropriate provisions of Article VI.
B. For the purposes of this Zoning Ordinance, the following uses of a building, structures and land are permitted in all portions of the City, as hereafter provided:
(1) Any building or structure which conforms to the provisions of this chapter and in compliance with the Building Code of the City of Marlborough.
(2) Window or drive-in or drive-through service provided for any type use in all sections of the Zoning Ordinance of the City of Marlborough shall be allowed only by grant of a special permit by the City Council, in accordance with Article VIII, Chapter 650, § 650-59 of the Zoning Ordinance.
Utility Lines
A. Underground utility lines. All electric, telephone, cable television and other utility lines shall be installed underground, subject to the approval of the City Engineer. This requirement shall apply to all new structures and all additions and major renovations to existing structures requiring site plan approval.