Petitions to amend the zoning ordinance shall be submitted with the City Clerk to initiate the process.

Petitioners seeking to amend the City of Lowell’s zoning map in a manner which changes the zoning designation of one or more individual parcels shall be required to submit a certified abutters list as certified by the City of Lowell Board of Assessors for all properties within 300’ of the parcel(s) proposed for rezoning (the standard statutory radius for many permit hearings) along with their petition to the Clerk before it will be placed on a Council agenda for referral to hearings;

The petitioner shall be responsible to pay for postage, prepare, and distribute abutter notices for the Planning Board and City Council public hearings;

The petitioner shall send the Notice at their own expense via certified mail with return receipts submitted to the City of Lowell;

The petitioner shall notify all abutters at least 14 days prior to each public hearing before the Lowell City Council and the Lowell Planning Board;

DPD will draft the notice indicating the time and place of the Planning Board public hearing, and provide to the petitioner for distribution;

The Office of the City Clerk will draft the notice indicating the time and place of the City Council public hearing, and provide to the petitioner for distribution;

The petitioner shall sign a statement and submit it to both DPD and the Clerk affirming that they have distributed the notices to all parties on the abutters list.

All additional costs associated with preparation and distribution of abutter notices will be the responsibility of the petitioners.

Where the petitioner is a public entity, such notification procedures may be satisfied by other means acceptable to the Lowell City Council.

In the event that it is determined after a hearing on the matter that the petitioner either failed to distribute the notice, or failed to timely distribute the notice, such petition may be deemed invalid by the Lowell City Council.

Suburban Neighborhood Residential Districts are designed to preserve, promote, and enhance the neighborhood character of Lowell’s newer residential areas. The SSF district emphasizes single-family homes, while the SMF encourages suburban-scale apartment and condominium developments.

SSF: Suburban Neighborhood Single Family

SMF: Suburban Neighborhood Multi Family

Traditional Neighborhood Residential Districts are designed to preserve, promote, and enhance the pedestrian-scale character of Lowell’s historic residential neighborhoods. All three encourage moderately- sized lots and prohibit large-scale developments. The TSF district emphasizes single-family homes, the TTF district also allows two-family homes, while the TMF also allows three-family homes and up to 6-unit multi- family developments by special permit. To encourage neighborhood stability and owner-occupancy, special provisions are provided for single-family developments in the TTF and TMF zones.

TSF: Traditional Neighborhood Single Family

TTF: Traditional Neighborhood Two Family

TMF: Traditional Neighborhood Multi-Family

Urban Neighborhood Residential Districts are designed to preserve, promote, and enhance the character of Lowell’s neighborhoods and redevelopment areas where urban-scale development patterns are typical or appropriate. The USF district emphasizes single-family homes on smaller lots, while the UMF district also allows two-family and multi-family developments.

USF: Urban Neighborhood Single Family

UMF: Urban Neighborhood Multi-Family

Suburban Retail and Mixed-Use Districts promote the development of businesses that draw their markets from citywide and regional service areas, with the SMU district also allowing a balance of regional-retail and suburban-scale apartment and condominium developments.

RR: Regional Retail District

SMU: Suburban Mixed-Use District

Traditional Retail and Mixed-Use Districts promote a vibrant business environment in Lowell’s traditional neighborhood centers that enhances the character of the surrounding neighborhood. The TMU district is designed to promote a mix of residential and retail uses in secondary areas where neighborhood-scale commercial activity can enhance the character of the surrounding residential area.

NB: Neighborhood Business District

TMU: Traditional Mixed-Use District

Urban Retail and Mixed Use Commercial Districts promotes the vitality of Lowell’s historic downtown. The DMU is designed to promote a vibrant urban environment in the heart of Downtown Lowell. The UMU district focuses on revitalizing the commercial areas in the urban neighborhoods near downtown.

DMU: Downtown Mixed-Use District

UMU: Urban Mixed-Use District

Where the district boundary is a street, railroad right-of-way, or waterway, the boundary line shall be the centerline of the street, railroad right-of-way, or waterway.

Where the boundary line is indicated approximately parallel to the street, it shall be taken as parallel thereto. The actual location of such boundary line, unless otherwise clearly indicated, shall scaled to determine the distance from the nearest street right of way line. If there is any variance between the scaled distance from the boundaries to the street line and the distance as marked in feet upon the map, the latter shall govern.

Where the districts designated on the map are bounded by lot lines, the lot lines shall be construed to be the boundary lines, unless they are otherwise indicated on the map. This paragraph 3.3.1(3) shall take precedence over paragraph 3.3.1(2) where a conflict exists.

Where a boundary line between districts divides a lot in single ownership upon the effective date of this ordinance or upon the effective date of any amendment changing the boundaries of one (1) of the districts in which the lot lies, the regulations controlling the more restrictive district may be applied to the entire lot. Alternatively, the portion of the land in the more restrictive district may be used to satisfy the dimensional requirements of the less restrictive district where no active use is made such portion. All uses associated with the less restrictive district shall be located therein. The land associated with the less restrictive use shall be screened from adjacent residentially used lot(s) in accordance with the requirements set forth in Section 6.5 or appropriately fenced.

When a lot in one (1) ownership is situated part in the city and part in an adjacent city or town, the regulations and restrictions of this chapter governing active uses of the land shall be applied to that portion of such lot as lies in the city in the same manner as if the entire lot were situated therein; provided, however, that by the grant of a special permit, the Planning Board may vary this requirement.

work done on the lot is confined to within a dwelling and is conducted solely by the person(s) occupying the dwelling as a primary residence;

is clearly incidental and secondary to the use of the premises for residential purposes and is the only home occupation on the lot;

does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution;

does not utilize exterior storage of material or equipment;

does not exhibit any exterior indication, including signs, of its presence or any variation from residential appearance;

does not produce any customer, pupil, employee or client trips to the occupation site and has no nonresident employees;

is registered as a business with the City Clerk.

fully complies with Sections 4.3.3. subsections 2, 3, 4, and 7, and is the only home occupation on the lot;

is conducted within a dwelling solely by the person(s) occupying the dwelling as a primary residence and, in addition to the residents of the premises, by not more than three (3) additional employees;

does not exhibit any exterior indication of its presence or any variation from residential appearance, except for a sign or name plate in compliance with Section 6.3;

a special permit for such use is granted by the Board of Appeals, subject to conditions including, but not limited to, restriction of hours of operation, maximum floor area, off-street parking, and maximum number of daily customer vehicle trips. Such special permit shall be limited to five years, or the transfer of the property, whichever first occurs.

In all districts, the renting of rooms or the furnishing of table board by a resident owner to not more than two (2) non-transient roomers or boarders shall be considered as an accessory use provided no separate cooking facilities are maintained, and no sign or nameplate is displayed.

Provisions of a garage or parking space for occupants, employees, customers, or visitors shall be considered as an accessory use, provided where accessory to residential uses in Residential SSF, TSF, TTF, and USF Districts such garage or parking space shall be limited to the accommodation of five (5) passenger vehicles, or two (2) passenger vehicles for each dwelling unit, whichever is greater. The storage of any unregistered vehicle at residential properties is prohibited unless otherwise compliant with the provisions of this ordinance as follows:

A limit of 1 unregistered vehicle per property.

Any vehicle stored on a residential property must be covered with a tarp or similar material.

The vehicle must be parked on an impervious surface.

The vehicle must be in an operational condition.

No repair of vehicle on the property is allowed.

In multifamily dwellings, hospitals or hotels with more than thirty (30) sleeping rooms, a newsstand, barbershop, dining room or similar service for occupants thereof, when conducted and entered only from within the building and no signs or advertising devices thereof are visible form outside the building, shall be considered as an accessory use.

In any district, the total area of uses accessory to the principal use, may not occupy more than twenty-five (25) percent of the floor area in a main building, and the total area of uses or buildings accessory to the principal use except for parking facilities and driveways may not occupy more than fifteen (15) percent of the entire area of the lot. In Residential Districts, an accessory building shall not be located nearer than ten (10) feet to the principal building or nearer than five (5) feet to any side or rear lot line or nearer to the front lot line than the minimum setback in the zoning district in which it is located.

In a Commercial, Mixed-Use, Special Purpose, Office, or Industrial District, an off-site parking area, as an accessory use, located within 1000 feet of a primary use on a separate lot and for the parking of passenger cars of employees, customers or guests of commercial or institutional establishments, provided no charge is made for parking, and no automotive sales or service operations are performed in the parking area, may be allowed by special permit.

Parking or allowing to stand any motor vehicle and/or motor vehicle attachment (excluding recreational vehicles) having a gross vehicle weight of twelve thousand (12,000) pounds or more, or exceeding 24 feet in length, or having three (3) or more axles, for more than one-half (1/2) hour, on any day, at any time, where parking or standing a vehicle is not otherwise regulated by traffic regulation; provided that this regulation shall not apply during actual service delivery, or in the case of an emergency, is permitted as of right in a GI or LI District only, and may be allowed in an OP or RR District by special permit. Such activity is prohibited in all other zones. Motor vehicles, regardless of size, owned or operated by the City of Lowell, the Commonwealth of Massachusetts, or the United States of America are hereby exempt from these regulations.

Construction trailers will be prohibited from being placed on construction development sites prior to sixty (60) days before construction begins.

Construction trailers must be removed from development sites within sixty (60) days after construction is completed.

Construction trailers shall be prohibited at any residential project site of six units or less.

In a Residential District, an accessory use shall not involve the maintenance of a stock-in-trade or the use of signs, illumination, show windows, or displays, either exterior or interior, except such signs as are permitted by this ordinance.

No accessory building shall be used as a dwelling, unless otherwise allowed by Article XIII(n), except for the accommodation of a night watchman or janitor on a lot in an Industrial District.

An accessory building in a Residential District shall not exceed sixteen (16) feet in height above the ground level.

Garages and other residential outbuildings with no more than one story of habitable space may exceed this height limitation to allow a roof pitches equal to that of the primary dwelling located on the same property. Under no circumstances shall the height of the accessory building exceed that of the primary dwelling.

No garage shall be provided nearer to the front street line than the prescribed minimum setback distance of the zoning district in which the lot is located

Change or substantial extension of the use;

Change from one nonconforming use to another, less detrimental, nonconforming use.

alteration to a structure which complies with all current setback, yard, building coverage, and building height requirements but is located on a lot with insufficient area, where the alteration will also comply with all of said current requirements.

alteration to a structure which complies with all current setback, yard, building coverage, and building height requirements but is located on a lot with insufficient frontage, where the alteration will also comply with all of said current requirements.

alteration to a structure which encroaches upon one or more required yard or setback areas, where the alteration will comply with all current setback, yard, building coverage and building height requirements (the provisions of this clause c) shall apply regardless of whether the lot complies with current area and frontage requirements.

alteration to the side or face of a structure which encroaches upon a required yard or setback area, where the alteration will not encroach upon such area to a distance greater than the existing structure (the provisions of this clause d) shall apply regardless of whether the lot complies with current area and frontage requirements.

alteration to a nonconforming structure which will not increase the footprint of the existing structure provided that existing height restrictions shall not be exceeded.

construction of an otherwise compliant addition to a structure with a pre-existing encroachment on one required side yard setback, where the altered structure would comply with the SUM of side setbacks if the non-conforming side met the minimum side setback. The addition may not further encroach on the previously deficient side yard area.

alteration to a structure which complies with all current setback, yard, building coverage, building height, and lot area requirements but is located on a lot which does not conform to the lot width requirements of section 5.1.10, where the alteration will also comply with all of said current requirements.

In the event that the Building Commissioner determines that the nonconforming nature of such structure would be increased by the proposed reconstruction, extension, alteration, or change, the Board of Appeals may, by special permit, allow such reconstruction, extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood.

Notwithstanding the above, a nonconforming residential structure which has been abandoned, or not used for a period of two years, may reestablish its protected status upon the grant of a special permit by the Board of Appeals. No such special permit shall be granted unless the structure has adequate parking to serve the premises. The required parking may be located either on site or on another lot, but all required spaces must be within four hundred (400) feet of the entrance to the use that they serve.

Reconstruction of said premises shall commence within one year after such catastrophe or demolition.

In the event of demolition and reconstruction, a special permit shall be required from the Board of Appeals prior to such demolition. The Board shall not grant such special permit unless the proposed reconstruction is determined to be compatible in style and scale with the existing neighborhood and off-street parking is provided in accordance with Section 6.1.

The following abbreviations are used in table 5.1: Max. is maximum. Min. is minimum. DU is dwelling unit. FAR is floor area ratio. LA/DU is the lot area required for each dwelling unit on a lot. UOS is usable open space as described in section 5.3.2.

A portion of the façade of a primary building on a lot, including its front door, must be located between the minimum and maximum front yard setbacks listed. Where multiple primary buildings on a lot are built within the maximum front yard setback, each must have a front door on the street- facing façade of the building that is located between the minimum and maximum front yard setbacks. Covered front porches may fall within the minimum front yard setback but must be set back at least the distance listed under “porches.” Projections which conform to the requirements of section 5.1.7 may be located as close to the front lot line as the distance listed under “projections.” All residential garage doors visible from the public way must be set back from the front lot line at least the distance listed under “garages.”

In the suburban and traditional neighborhood districts, the lot coverage for a residential dwelling shall not exceed thirty-five (35) percent of the lot area.

Rear yards in a RR district may be reduced to ten (10) feet by special permit provided there are no residential abutters to the rear of the property and the property does not abut a residential zoning district to the rear.

When an existing building, having been constructed more than sixty (60) years ago, is converted to residential use outside the boundaries of the Artist Overlay District, it is subject to the provisions of Section

A lot with a preexisting nonconforming structure that complies with the required sum of the two side yard setbacks but encroaches on the minimum yard requirement to one side may not be divided in such a manner as to leave the structure on a smaller lot that no longer meets the required sum of the two side yard setbacks.

In the SSF, SMF, SMU, TSF, TTF, TMF, TMU, USF, UMF, and UMU Zoning Districts, the minimum frontage required for residential uses may be reduced by as much as fifteen feet (15’-0”) below the minimums listed in the Table of Dimensional Regulations with a special permit issued by the Lowell Planning Board if the Planning Board finds that the proposed development satisfies the criteria established in Section 11.3.2a. The Planning Board shall consider the nature of the proposed development on the lot as well as the nature of the lot or proposed lot before granting a special permit under this section 5.1.1(7). The Planning Board [Prior] shall not grant a special permit under this section 5.1.1(7) prior to receipt of written design review comments from the Department of Planning and Development or forty-five (45) calendar days following the termination of the public hearing, except in cases where the project is subject to the review and approval of the Lowell Historic Board. [9-27-11]

The lot or yard areas required for any new building or use may not include any part of a lot that is required by any other building or use to comply with any requirements of this chapter, nor may these areas include any property of which the ownership has been transferred subsequent to the effective date of this ordinance if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which such transfer was made.

At least ninety percent (90%) of the lot area used to satisfy the minimum lot area per dwelling unit or minimum lot area requirements must not be designated wetlands, used for a surface drainage system, or have a grade in excess of eight percent (8%).

One story accessory buildings up to 200 square feet and 16 feet in height;

Detached above ground pools.

One deck or patio per dwelling unit, up to 200 square feet in area, may be placed within the rear yard only. This deck may be no closer than five (5) feet from the rear lot line in the SSF, TSF, TTF, TMF and TMU district. Decks greater than five (5) feet in height above the mean ground level must be at least ten (10) feet from a rear lot line in the SSF, TSF, TTF, TMF and TMU district. Unroofed porches or decks are subject to all applicable side yard requirements.

Garages and accessory buildings that comply with all applicable provisions of section 4.3.5(4).

Projecting eaves, chimneys, bay windows, balconies, open fire escapes and like projections which do not project more than three and one-half (3 ½) feet, and which are part of a building not more than thirty-five (35) feet in height, may extend beyond the minimum side and rear yard regulations; provided however, that these elements are not any closer to property lines than ten (10) feet, and the yard areas over which these project are not included in the minimum yard area and open space requirements.

Projecting eaves, bay windows, balconies, and like projections may extend beyond the minimum front yard regulations; provided however, that these elements are not any closer to property lines or parking areas than the distance listed under “projections” in table 5.1, the total width of projecting features does not exceed thirty percent (30%) of the total width of the lot or fifty percent (50%) of the width of the building whichever is less, and the yard areas over which these project are not included in the minimum yard area and open space requirements.

For any building or group of buildings on a lot, the ratio of gross floor area to a lot shall not exceed the maximum specified in the Table of Dimensional Requirements; except, that in a Residential District, the gross floor area of any residence building may be increased, not to exceed a floor area ratio of 3:1 by one (1) square foot of floor area for every one (1) square foot of open, landscaped area supplied on the same lot as the principal use in addition to the required minimum yard areas specified in Section 5.1.6. Gross floor area shall be defined as in this chapter.

Where a lot in a Residential or Business District abuts on a street or public open space more than one hundred (100) feet wide, one-quarter of the excess over one hundred (100) feet but not more in any case than forty (40) feet may be added to the actual depth of the lot for the distance such lot abuts such street or public open space for calculating the lot area to be used in determining allowable gross floor area based on the maximum floor area specified in the Table.

On a lot abutting streets on more than one (1) side, the front yard requirement of each of the abutting streets shall apply regardless of designated front lot lines, except for the maximum front yard setback requirement, which shall apply only to one of the abutting streets. The remaining sides shall be subject to the side yard requirements.

Lots which abut an alley to the rear or side may not use the alleys as frontage for zoning purposes and are not subject to the front yard setback requirements from the property lines which abut the alley.

In all residential districts, the front wall of a dwelling structure (exclusive of porches and projections) may conform to the average setback of the front wall of the dwelling structures (exclusive of porches and projections) on the lots adjacent thereto on either side. In all residential districts, a front porch, as defined herein, may conform to the average setback of the front porches on the lots adjacent thereto on either side. In all residential districts, a projection, as defined herein, may conform to the average setback of the projections on structures on the lots adjacent thereto on either side. In no case may any part of the preceding provisions of this section be used to allow an existing building to extend nearer to any street line or building line that had been previously established on a given lot. A vacant lot or lot occupied by a building set back more than the minimum setback established for the district , shall be considered as though occupied by a building set back the minimum required distance in said district. All garages must conform to the minimum setbacks established in table 5.1.

reserved.

In a TMF, TMU, UMF, UMU, or INST District, if a building is hereafter erected on a lot adjacent to a building having a blank wall directly on the side lot line, the new building may be so designed and erected that it will be flush with the portion of the blank wall of the former building which extends along the lot line; otherwise, however, not less than the required side yard shall be provided; in any case, the required side yard shall be provided for the remainder of the full lot depth. In case a side wall contains windows or in case any part of a side blank wall or an existing building shall be set back from side lot line, then a building hereafter erected on the lot adjacent to such an existing building shall be set back from the side lot line in accordance with the provisions hereof.

The provisions of this Section governing the height of buildings and structures in all districts, shall not apply to chimneys, water towers, air conditioning equipment, elevator bulkheads, skylights, ventilators and other necessary features appurtenant to buildings which are usually carried above roofs and are not used for human occupancy, nor to domes, towers or spires above buildings, if such features are not used for human occupancy and occupy less than ten (10) percent of the lot area, nor to wireless or broadcasting towers and other like unenclosed structures which occupy less than ten (10) percent of the lot area.

In all districts a building may exceed the maximum height and story requirements established in table 5.1 provided that the building’s height and number of stories do not exceed the height and number of stories of the tallest building located on a directly abutting lot, that claims frontage on the same street or way as the proposed building lot, and the building’s height does not exceed the sum of one-half the width of the right- of-way the building’s lot fronts on and the minimum front setback in the zoning district.

On residentially-zoned lots and residential lots in SMU, TMU, or UMU zones with greater than 40 feet of frontage, at least 50% of the area between the front lot line and the front façade of the primary structure on a lot must be designated as landscaped open space as defined herein herein.

On residentially-zoned lots and residential lots in SMU, TMU, or UMU zones with less than 40 feet of frontage, the area between the front lot line and the front façade of the primary structure on a lot that is not paved as of January 1, 2017 must be designated as landscaped open space as defined

No vehicle may be parked in the Landscaped Open Space area of any lot in the City of Lowell.

Each open space area is at least 15 feet square (i.e. 225 square feet);

Such space is at least five (5) feet from any lot lines.

The area designated as usable open space does not include any surface drainage structures or designated wetland areas.

Any use in existence or lawfully begun on the effective date of this ordinance is not subject to these parking requirements, but any parking facility thereafter established to serve such use may not in the future be reduced below these requirements.

Where the computation of required parking spaces results in a fractional number, shall be counted as one (1).

Required off-street parking facilities which after development are later designated as and accepted by the city for off-street parking purposes shall be deemed to continue to serve the uses or structures to meet the requirements for which they were originally provided.

Where no fixed seats are used in a place of assembly whose parking requirements are based on seating, each twenty (20) square feet of public floor area shall equal one (1) seat.

Where an institution provides dormitory residence accommodations, the number of parking spaces furnished for the purpose may be deducted from the requirements established for the educational buildings normally used by students in residence.

Two or more uses may meet their parking requirements by sharing a common shared parking area, provided that the shared spaces are held in common ownership with all uses being served through easements or fee title, that all spaces are located within four hundred (400) feet of all uses they serve, and that the total number of spaces conforms with the Shared Parking Requirements outlined in section 6.1.4. Shared parking requirements for multiple uses are calculated using the following worksheet.

Parking requirements for restaurants and take out restaurants may be reduced to 1 space per 500 square feet in the UMU, TMU, NB and INST zones, and 1 space per 250 feet in all other permitted zones, by special permit issued by the ZBA, if the applicant can prove that on-site parking will sufficiently serve the size of the facility.

In the case of new construction of a multifamily residential building in a Commercial or Mixed-Use District, or a UMF Residence District, the required parking facilities may be provided on lots not more than four hundred (400) feet away from the building to be served.

In HRC Districts, the required off-street parking may be provided on the same lot as the principal use it is required to serve. However, any other lot or lots within the same HRC District which is or are not more than one thousand five hundred (1,500) feet away from the entrance of the building to be served, may be used to meet the requirement for off-street parking.

In Industrial Districts and in the case of institutional uses in any district, the required parking facilities may be provided on lots not more than one thousand (1,000) feet away from the building to be served.

In the case of a dormitory of a nonprofit educational institution the required parking facilities may be provided on lots not more than one thousand five hundred (1,500) feet away, measured along a traveled way, from the dormitory to be served.

In the UMU, TMU, INST and NB districts, all parking requirements may be met by leasing spaces in publicly-owned off-street parking facilities located within one thousand five hundred (1,500) feet of an entrance to the use.

In the UMU and UMF districts, non-residential parking requirements are reduced by fifty percent (50%) if a publicly-owned off-street parking facility is located within one thousand five hundred (1,500) feet of an entrance to the use. In the UMU and UMF districts, residential parking requirements may be reduced by as much as fifty percent (50%) if a publicly-owned off-street parking facility is located within one thousand five hundred (1,500) feet of an entrance to the use by special permit if the Planning Board finds that said public parking will accommodate the parking demands of the proposed project.

In the TMU, INST and NB districts, non-residential parking requirements are reduced by fifty percent (50%) if a publicly-owned off-street parking facility is located within four hundred (400) feet of an entrance to the use. In the TMU, INST, and NB districts, residential parking requirements may be reduced by as much as fifty percent (50%) if a publicly-owned off-street parking facility is located within four hundred (400) feet of an entrance to the use by special permit if the Planning Board finds that said public parking will accommodate the parking demands of the proposed project.

All non-residential uses in the DMU district and/or within the boundaries of the Artist Overlay District are exempt from the listed parking requirements if a publicly-owned off-street parking facility is located within one thousand five hundred (1,500) feet of an entrance to the use.

On-street parking outside the property is metered parking

All privately-owned off-site parking facilities shall be under the same ownership or be leased to the same ownership as the building or buildings which they serve. Where a certificate of occupancy has been issued conditional to the maintenance of off-site parking facilities, such certificate of occupancy shall lapse in the event of the sale or conveyance of the land used for such parking facilities for the required parking, or if said land is otherwise no longer available for such use. Parking spaces satisfying these requirements need not be in the city.

Required off-street parking facilities may be enclosed in a structure or may be open. If such facilities are open, they shall be graded, surfaced with tar, asphalt, concrete, or other nondusting paving, drained and suitably maintained to the satisfaction of the Building Commissioner and the City Engineer to the extent necessary to avoid the nuisances of dust, erosion or excessive water flow onto public ways or adjoining property.

All off-street parking facilities and other impervious surfaces must conform to all applicable provisions of the Massachusetts Department of Environmental Protection Stormwater Management Policy Handbook: Volume I & Stormwater Technical Handbook Volume II, and all other applicable stormwater regulations. Site drainage designs must be approved by the City Engineer.

6.1.8

Screening. Any open parking facility for more than three (3) automobiles shall be screened from abutting residence, church or a publicly accessible open and/or recreational space in a manner which will provide an effective visual screen. Said screen shall be at least five (5) feet in width and shall contain plantings not less than three (3) feet in width nor less than six (6) feet in height. At least fifty (50) percent of the plantings shall be evergreen. A solid fence or wall six (6) feet high may be substituted for all or a portion of the planted screen.

6.1.10

Table of Dimensional Requirements for Off-Street Parking.

-- Denotes no dimensional requirement.

† This requirement applies to those portions of building walls containing windows or other openings off of habitable or occupiable rooms or spaces at the basement, ground floor, or first story levels. This requirement does not apply to residential garages, carports, or other structures designed and constructed for the primary purpose of housing automobiles on residential properties. This requirement governs open-air parking spaces and driveways or drivelanes.

* In all zones, parking spaces and driveways serving single-family, two-family, and three-family residences may be as narrow as 8’-0” wide and may be setback as little as 3’-0” from a building as defined above and driveways serving residential dwellings containing at least four and not more than six units may be as narrow as 12’-0” wide and may be setback as little as 3’-0” from a building as defined above.

** 45-60 degree angle parking serving residential developments may be accessed by a one-way drivelane with a minimum width of 14 feet.

*** In all zones, curb cuts serving single-family and two-family residences shall have a maximum curb cut of 15 feet, which may be extended to 24 feet by right if all parking facilities serving the structure are paved with a pervious surface. At a minimum the pervious surface, including base material, must accommodate the annual recharge of stormwater for the entire parking facility under pre-development conditions based on soil type. The maximum curb-cut width serving single-family and two-family residences where parking facilities are paved with an impervious surface, may also be extended to 24 feet in width with a special permit if the Zoning Board of Appeals finds that the wider curb cut will not be detrimental to neighborhood character, availability of on-street parking, stormwater management, or municipal infrastructure.

Lots used solely for off-street parking in Residential Districts must conform to the above requirements but do not need to meet all dimensional requirements for a building lot as set forth in Section 5.0 of this ordinance. A special permit must be obtained from the Zoning Board of Appeals for any parking lot in a Residential District whose frontage exceeds the minimum frontage required for a building lot in the zone where the lot is located.

The Board of Appeals may grant a special permit modifying the requirements listed in this table in cases of a mechanical garage or in case the Board is satisfied that the parking facility will be used by cars of less than standard size, provided the total number of spaces conforms to Section 6.1.4.

Some or all of a project’s off street parking requirements may be met using parallel parking spaces in all zones. Parallel parking spaces must be at least 8’ wide and 22’ long. For each parallel parking space, the adjacent drive lane must be at least 10’ wide and at least 20’ of clear maneuvering area must be provided in front of the space in the drive lane adjacent to the space.

Angle parking spaces may be used to satisfy some or all of a project’s off-street parking requirements. Angle parking spaces must conform to the dimensions outlined in the Table for the zone where they are located. The length of an angle parking space is measured along the shorter side and the width is measured perpendicular to the angle of the space. The angle of a parking space must be between 45° and 90° from the drive lane providing access to that space, unless it is a parallel parking space.

Off-street parking requirements for single-family and two-family residential buildings may be satisfied by stacking spaces behind one another in a driveway. Off-street parking requirements for residential buildings may be satisfied by locating one surface parking space in front of a garage serving the same dwelling unit. In no other circumstance may all or part of the minimum parking requirements be satisfied in such a manner as to require moving a car parked in any one space to enable a car parking in any other space to enter or exit that space. When a common driveway is shared by two or more property owners or when stacked spaces are used at a two-family property, no parking requirements may be satisfied in such a manner as to require moving a car owned or used by the owner or occupant of one property to enable a car owned or used by the owner or occupant of another property to enter or exit the parking area.

Minimum width of entry drive right-of-way for access to subdivision or multifamily development shall be thirty-five (35) feet. The pavement width shall comply with the standards for access drive[s] enumerated in section 6.1.10.

The minimum setback from the property line requirement listed in table 6.1.10 applies to all parking spaces and all driveways and paved areas used to access those spaces, except for the location where a driveway enters a lot or a common driveway subject to the provisions of section 6.7.4.

The maximum curbcut width is measured at the curbline.

Some or all of the parking requirements for residential dwellings may be satisfied within enclosed residential garages. Required parking spaces located within residential garages must include a clear area at least 11’-0” in width and 21’-0” in length and conform to all applicable provisions of the State Building Code.

Where a building existing on the effective date of this ordinance is altered or extended in such a way as to increase the gross floor area by five thousand (5,000) square feet or more, only the additional gross floor area shall be counted in computing the off-street loading requirements.

Where a building or land area is used by two (2) or more activities that fall into different classes of use under Section 4.2, the facilities required shall be the sum of the requirements for the individual establishments.

Where the computation of required loading bays results in a fractional number, only the fraction of one- half or more shall be counted as one (1).

The following requirements shall apply to an HRC. District:

Manufacturing or warehousing: Buildings used for manufacturing or warehousing shall have one (1) bay for each one hundred fifty thousand (150,000) square feet or portion thereof.

Office: One (1) bay shall be required for buildings containing from five (5) to one hundred fifty thousand (150,000) square feet of gross floor area. Two (2) bays shall be required for buildings containing up to six hundred thousand (600,000) square feet.

Each required loading bay shall be no less than ten (10) feet in width, thirty-five (35) feet in length and twelve (12) feet in height, such requirements to be exclusive of drives and maneuvering space, and all required bays, drives and maneuvering space shall be located entirely on the lot with immediate and direct ingress to the building intended to be served. A bay need not be enclosed in a structure provided any yard used as a loading bay shall not infringe on front, side and rear yard requirements in this chapter. All such facilities shall be designed with appropriate means of vehicular access to a street or alley as well as maneuvering area, and no driveways or curb cuts shall exceed twenty-five (25) feet in width except in Industrial Districts.

Required off-street loading bays may be enclosed in a structure and must be so enclosed if located within fifty (50) feet of a Residential District where the use involves regular night operation, such as that of a bakery, restaurant, hotel, bottling plant or similar uses. Any lighting provided shall be installed in a manner that will prevent direct light from shining onto any street or adjacent property.

All accessory driveways and entranceways shall be graded, surfaced, drained and suitably maintained to the satisfaction of the Building Commissioner to the extent necessary to avoid nuisances of dust, erosion or excessive water flow across public ways.

Loading facilities shall not be reduced in total extent or usability after their installation, except when such reduction is in conformity with the requirements of this article. Such facilities shall be designed and used in such a manner as at no time to constitute a nuisance or unreasonable impediment to traffic.

Billboard: An off-premises sign controlled by the outdoor advertising board, which is used for the display of printed or painted advertising matter. No off-premises billboard, sign or advertising device shall be erected or maintained unless the height, setback and illumination requirements set forth herein are met and unless a permit therefore has been granted by the outdoor advertising authority in accordance with G.L. c. 93, ss. 29 through 33, as from time to time amended, and such permit is valid and outstanding.

Election Signs: A sign designed to influence the action of voters for (i) the passage or defeat of a measure; or (ii) the election of a candidate for nomination or election to public office at a national, state or other local election. An election sign is permitted if it is stationary, unlighted, temporary, and is not attached to a utility pole, fence, tree or other vegetation, or upon a public right-of-way or attached to any structure (except that such sign may be displayed in a window).

Moving Signs: Signs that change or rearrange characters, letters, or illustrations, including time or temperature indicators and gasoline pricing signs with changeable characters, except as specifically prohibited herein.

Painted Signs: A permanent mural or message painted directly onto a building surface or the surface of a wall or retaining wall not part of any building. A special permit is required from the special permit granting authority.

Such signs must be of a durable material, and be affixed in such a way as to not blow or rattle in wind.

Corner buildings. If a building fronts two (2) or more streets, the sign area for each street frontage shall be computed separately.

Setback requirements. Unless otherwise specified in this Ordinance, signs are exempt from setback requirements.

Sublevel storefront. If the first floor of a building is substantially above street grade and the basement is only partially below street grade, separate occupants of each level may each have one-half the square feet of signage allowed if it were a single ground floor use.

Supports and brackets for a sign shall not extend needlessly above the cornice line of the building to which the sign is attached.

Trademarks that are registered for a specific commodity may occupy no more than ten (10) percent of the sign area, except that said commodity is the major business conducted on the premises, then there shall be no such restriction.

A sign which flashes, rotates, or has a motorized moving part that is visible from a public street.

Any sign which, by reason of its size, location, content, coloring or manner of illumination, constitutes a traffic hazard or a detriment to traffic safety in the opinion of the Building Commissioner by obstructing the vision of drivers, or detracting from the visibility of any traffic sign or control device on public streets and roads.

Any sign which obstructs free ingress to or egress from a required door, window, fire escape or other required exitway or which obstructs a window, door or other opening for providing light or air or interferes with proper function of the building.

Any sign or sign structure which is structurally unsafe; or constitutes a hazard to safety or health by reason of inadequate maintenance, dilapidation or abandonment; or is not kept in good repair; or is capable of causing electrical shocks to persons likely to come in contact with it.

Signs which make use of words such as STOP, LOOK, DANGER, etc., or any phrases, symbols, or characters, in such a manner as to interfere with, mislead, or confuse traffic.

String lights used in connection with commercial premises for commercial purposes other than Christmas decorations.

Spinners, and streamers except as specified in temporary sign section.

Any sign now or hereafter existing which no longer advertises a bona fide business conducted or product sold. Such signs shall be removed at owner’s expense.

Any sign affixed to a fence, utility pole or structure, or tree, shrub, rock or other natural objects.

Shall have been abandoned as set forth in this Ordinance.

Shall not have been repaired or properly maintained within thirty (30) days after notice to that effect has been given by the building commissioner.

Refuse containers should not be visible from the street.

Refuse containers shall be set back from the front property line at least as far as the primary structure on the property. No refuse container shall be located in the front yard.

Refuse containers shall be enclosed or screened by a structure constructed out of the same or similar materials to the primary structure on the property. The enclosure shall screen the containers from view from the public way and protect the containers from raccoons, rodents, and other pests.

Outdoor refuse containers shall not be stored within ten feet of exterior windows or doors that open directly onto habitable space within housing units on the basement, ground, or first floors of buildings containing housing.

seven hundred fifty (750) feet of another presently existing or permitted Adult Entertainment Establishment ; or

five hundred (500) feet of the following zoning districts: SSF, SMF, TSF, TTF, TMF, USF, UMF; or

five hundred (500) feet of a public or private elementary school, middle school, secondary school, or any school or college serving a student population where any of the student population is under eighteen years of age.

seven hundred fifty (750) feet of another presently existing or permitted Body Art Establishment; or

five hundred (500) feet of the following zoning districts: SSF, SMF, TSF, TTF, TMF, USF, UMF; or

five hundred (500) feet of a public or private elementary school, middle school, secondary school, or any school or college serving a student population where any of the student population is under eighteen years of age.

Salons for hair, nails, or tanning;

Licensed professions engaging in the practice of medicine, chiropractic, osteopathy, or physical therapy;

Health and fitness clubs.

The location of the place from which it is proposed to remove soil, loam, sand or gravel;

The general character of the neighborhood surrounding such location;

The effect of the proposed removal in such neighborhoods; for example, the amount of noise, dust and vibration likely to result from the proposed removal; the extent, depth and contour of the location and surrounding neighborhood from which such removal is proposed; the general safety of the public on the public ways giving access to and in the immediate vicinity of such location; and the use of which such location has been put prior to the application for a permit, and to which it may be put after the expiration of the permit.

The duration of time from which the permit may be exercised;

The extent, depth and contour of the area of removal;

The grade of the slope of the banks of the area of removal and the specification of showing and reinforcement of the banks of any excavation;

The proximity of such removal to any public way;

The hours of the day during which such removal may be permitted;

The hours of the day during which the material may be trucked away from the location of removal;

The conditions under which the removal trucks may be operated;

The replacement of topsoil and the replanting of the area of removal and screening the same from public view.

Preserve the authority of the City of Lowell to regulate and to provide for reasonable opportunity for the siting of telecommunications facilities.

Reduce adverse impacts such facilities may create, including, but not limited to impacts on aesthetics, environmentally sensitive areas, historically significant locations, flight corridors, health and safety by injurious accidents to personal property, and prosperity through reasonable protection of property values.

Provide for co-location and minimal impact siting options through an assessment of technology, current location options, future available locations, innovative siting techniques, and siting possibilities beyond the political jurisdiction of the City of Lowell.

Permit the construction of new telecommunications facilities only when all other reasonable opportunities have been exhausted, and encourage the configuration of new facilities to minimize the adverse visual impact.

Require co-location of antennas, to the highest extent possible, in order to reduce the cumulative negative impacts upon the City of Lowell.

Provide for the removal of abandoned telecommunications facilities.

Preserve the authority of the Building Department of the City of Lowell to conduct an inventory of existing telecommunications facilities as necessary.

This Section shall not govern the siting or construction of any tower, or the installation of any antenna that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas.

The local regulations shall not unreasonably discriminate among providers of functionally equivalent service.

The local regulations shall not prohibit or have the effect of prohibiting the provision of personal wireless services. This also prohibits moratoriums on accepting applications, or at least a moratorium that is of indefinite length.

Requests for such facilities must be acted upon within a reasonable period of time. The time taken to act on an application will be considered reasonable as long as it is no longer than the time the local government usually takes to act on the other requests of comparable magnitude that have nothing to do with telecommunications facilities.

Any decision to deny a request for such a facility must be in writing and supported by substantial evidence in a written record.

The local regulations cannot adopt regulations based on the environmental effects of radio frequency emissions where the facilities comply with FCC emissions regulations.

Scaled elevation perspective of the proposed telecommunications tower and associated structures.

Radio frequency coverage for the proposed antenna and for existing antenna that provide coverage to the City of Lowell and vicinity and which are operated by the applicant.

Engineering information detailing the minimum and optimal height and coverage required for the facility.

For new telecommunications towers, information prepared by a qualified and licensed professional engineer documenting the capacity of the telecommunications tower, which shall include the maximum number of antennas it can support.

An inventory of existing telecommunications towers and tall structures that are within five miles of the proposed tower location, including specific information about the location, height, and design of each telecommunications tower or structure, as well as the economic and telecommunications towers or structures.

For new telecommunications towers, a written commitment from the applicant that allows for the maximum allowance of co-location on the telecommunications tower. This commitment shall become a Condition of Approval. This commitment shall, at a minimum, require the applicant to supply available co- location for reasonable fees and costs to other telecommunications providers. Failure to provide such a commitment is evidence of the applicant’s unwillingness to cooperate with the orderly and well-planned development of the City of Lowell, and grounds for denial.

A visual impact analysis prepared by a qualified professional that includes photosimulations of the proposed telecommunications facility that at a minimum simulate the views of the facility from habitable structures on abutting properties and from the closest public roads.

A surety estimate equal to 115% for the cost of the removal of the telecommunications facility. The surety can be in the form of a passbook account or a letter of credit.

For new telecommunications towers, proof that the proposed tower complies with regulations administered by the Federal Aviation Administration (FAA).

Telecommunications Tower Color: Telecommunications towers shall either maintain a galvanized steel finish, subject to any applicable standards of the Federal Aviation Administration (FAA), or to be painted a neutral color as approved by the Planning Board, so as to reduce visual obtrusiveness.

Design of Accessory Structures: The design of accessory structures shall, to the maximum extent possible, use materials, colors, textures, screening, and landscaping that will blend the telecommunications facility with the natural setting and built environment. All accessory structures shall also be subject to all other Site Plan Review Regulation requirements.

Telecommunications Tower Lighting: Telecommunications towers shall not be artificially lit, unless required by the Federal Aviation Administration (FAA) or other applicable authority. If lighting is required, the Planning Board shall review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

Signs: Telecommunications towers shall not contain any permanent or temporary signs as defined in this ordinance, writing, symbols, or any graphic representation of any kind, with the exception of safety warning signs or equipment information signs. All signs must be kept to a minimum as approved by the Planning Board.

Security Fencing: The perimeter of telecommunication facilities shall be enclosed by security fencing not less than six feet in height and shall also be equipped with appropriate anti-climbing controls, such as barb wire.

Landscaping: A minimum of 10% of the site must be landscaped with vegetation meeting the requirements listed in the Appendix of the Lowell Subdivision Ordinance. The proposed landscaping must adequately screen the site as approved by the Planning Board.

Height: The height of each tower shall be reviewed and approved by the Zoning Board of Appeals. The maximum height of a telecommunications tower shall be 199 feet. This standard shall supersede any more stringent standards found elsewhere in the City Ordinances or Regulations.

Design for Co-Location: All telecommunications towers shall be designed structurally, electrically, and in all other respects to accommodate both the applicant’s antennas and comparable antennas for at least two additional users if the telecommunications tower is over 100 feet in height, or for at least one additional user if the tower is over 60 feet in height.

Abandoned by Lack of Operation: A telecommunications facility shall be considered abandoned and be removed by the owner of the facility if it is not operated for a continuous period of 12 months. If the owner of the facility does not remove the facility upon the Planning Officer’s order, then the Planning Board shall, after holding a public hearing with notice to the owner and abutters, issue a declaration of abandonment. The owner of the facility shall dismantle and remove the facility within 90 days of receipt of the declaration of abandonment by the Planning Board. If the abandoned facility is not removed within 90 days, the City may use the security to pay for this action without further notice.

Abandonment by Neglect: A telecommunication facility shall be maintained in compliance with the standards contained in the Building Code adopted by the City of Lowell. If, upon inspection by the City, it is concluded that any part of a facility fails to comply with the Building Code and the facility constitutes a danger to persons of property, then upon notice provided to the owner of the facility, the owner shall bring the facility into compliance with the Building Code. If the owner fails to bring the facility into compliance within the time frame determined by the Code Enforcement Officer, then the Planning Board shall, after holding a public hearing with notice to the owner and abutters, issue a declaration of abandonment. The owner of the facility shall dismantle and remove the facility within 90 days of receipt of the declaration of abandonment by the Planning Board. If the abandoned facility is not removed within 90 days, the City may use the security to pay for this action without further action.