§ 17.24.030. Existing lots in the HD, LL, LD and North Revere Overlay zones.

A.

Preamble and Definitions.

1.

Preamble. The city council has found that many landowners have faced an undue hardship paying property taxes for vacant land which is assessed as buildable lots, when, because these vacant lots have been held in common ownership with other lots, the lots could not be built upon without permission of the zoning board of appeals. To remedy this hardship while providing for the preservation of Revere's diverse residential neighborhoods, the city council has approved this revised Section 17.24.030; in recognizing the diversity of building styles, open space and population densities among the city's neighborhoods, the city council has fashioned this section to provide for regulations which vary by geographic region within the city.

2.

Definitions.

a.

HD Zone.* As used in this section, the term "HD Zone" means and refers to that section of the city which is east of Broadway and shall include each and every lot along Broadway which is east of the midpoint of Broadway.

*  The term "HD zone" is used to designate the described portion of the city which when compared to the other areas of the city, is of a higher density.

b.

LD Zone.* As used in this section, the term "LD Zone" means and refers to that section of the city which is west of Broadway and shall include each and every lot along Broadway which is west of the midpoint of Broadway, except those lots within any other zone as classified within this section.

*  The term "LD zone" is used to designate the described portion of the city when compared to the other areas of the city is of a lower density.

c.

LL Zone.* As used in this section, the term "LL Zone" means and refers to that portion of the city bounded and described as follows:

beginning at the intersection of Haskell Avenue and Washington Avenue at point along the midway of said Washington Avenue, continuing north along said midway of Washington Avenue until the intersection of Washington Avenue and Mountain Avenue, then east along the midway of Mountain Avenue until the intersection of Amasa Street, then proceeding north along the midway of Amasa Street until the intersection of Lincoln Street, proceeding then along the midway of Lincoln Street until the intersection of Lincoln Street and Burbank Street, then following along the midway of Burbank Street until the intersection of Burbank and Oakwood Avenue, then following along the midway of Oakwood Avenue until the intersection of Oakwood Avenue and Tedford Avenue, then proceeding from said intersection along the midway of Tedford Avenue until the intersection of Tedford Avenue and Sargent Street, then following the midway of Sargent Street until the intersection of Sargent Street and Newhall Street, then following along the midway of Newhall Street, until Malden Street, then following the midway of Malden Street until the intersection of Malden Street and Washington Avenue, and then following the midway of Washington Avenue until Washington Avenue meets the border between the City of Malden and City of Revere, continuing southwest along the border of Revere and the City of Malden until the border between the City of Malden and the City of Everett, continuing further southwest along the border of Revere and the City of Everett until Haskell Avenue, then following Haskell Avenue until the point or place of the beginning.

*  The term "LL zone" is used to designate the described portion of the city when, when compared to the other areas of the city, contains on average, larger lots.

d.

Minimum Qualifying Area. As used in this section, the term "minimum qualifying area" means and refers to the smallest size of the lot on which construction will be allowed under this section; minimum qualifying area may vary depending upon the zone in which the lot exists as set forth below:

i.

Within the LL zone, minimum qualifying area shall equal five thousand four hundred square feet;

ii.

Within the LD zone, minimum qualifying area shall equal four thousand square feet; and

iii.

Within the HD zone, minimum qualifying area shall equal three thousand square feet.

e.

Minimum Qualifying Frontage. As used in this section, the term "minimum qualifying frontage" means and refers to the shortest distance along a public way by which a lot abuts in order for construction to be allowed under this section; minimum qualifying frontage may vary depending upon the zone in which the lot exists as set forth below:

i.

Within the LL zone, minimum qualifying frontage shall equal sixty feet;

ii.

Within the LD zone, minimum qualifying frontage shall equal forty feet; and

iii.

Within the HD zone, minimum qualifying frontage shall equal forty feet.

f.

Modified Parking Spaces. As used in this section, the term "modified parking spaces" means and refers to either: (i) off-street parking spaces of at least eight feet in width and sixteen feet in length, which may be utilized "in-line" to create two off-street parking spaces; or (ii) off-street parking spaces which are accessible by means of a driveway of at least eight feet in width.

g.

North Revere Overlay Zone. As used in this section, the term "North Revere Overlay zone" means and refers that portion of the city of Revere all as more particularly described and defined in subsection (C)(4) of this section.

h.

Zone. As used in this section, the term "zone" means and refers to that portion of the city (whether LL zone, LD zone, HD zone or North Revere Overlay zone) a subject lot is situated whether in whole or in part. If any subject lot is situated in North Revere Overlay and one or more other zones, it shall be deemed to be situated in the North Revere Overlay zone. If any subject lot is situated in the LL zone and one or more other zones (other than the North Revere Overlay zone), it shall be deemed to be situated in the LL zone. If any subject lot is situated in the LD zone and the HD zone, it shall be deemed to be situated in the LD zone.

B.

Existing Lots.

1.

Any structures built on any land in the city of Revere pursuant to this section must comply with the respective set back requirements, all as more particularly set forth in the Table of Dimensional Controls, Section 17.24.010, and the respective off-street parking requirements.

2.

Any structures built on any land in the city of Revere pursuant to this section must comply with the applicable height restrictions in effect at the time of the construction of the structures.

3.

All qualified lots (as said term is herein defined), which having been created before the adoption of the ordinance from which this title derives, regardless of common ownership with abutting land, and containing at least the minimum qualifying area and having frontage of at least the minimum qualifying frontage, shall be exempt from the lot frontage and area requirements provided in this title but shall be subject to each of the provisions of this section depending upon the zone in which the lot is situated, including (but not limited to) the relevant conditions set forth in subsection C of this section, all as more particularly set forth in this section.

C.

Conditions.

1.

Conditions For Lots Within the LD Zone. The primary intent and purpose of the following conditions is to make certain that, with respect to all qualified lots within the LD zone, all existing structures conform to the parking requirements standards and set back requirements standards before any remaining qualified lots held in common ownership is deemed buildable. A further intent of the following conditions is to make certain that all remaining vacant land within the LD zone, which is held in common ownership and which does not meet the minimum area and frontage requirements of this title, is deemed to be a single lot.

a.

If at the time of the adoption of this amendment, a vacant lot or lots within the LD zone, owned in common with a lot on which a dwelling exists and the transfer of ownership of the vacant lot directly abutting the developed lot or lots results in nonconformity of either the side yard requirements of a minimum five feet on one side yard and fifteen cumulative total or the current parking requirement for the existing developed lot, then the lot directly abutting the existing developed lot must be utilized to meet the side yard set back and/or the parking requirement prior to the issuance of any building permit on the remaining vacant lot or lots. If there are no off-street parking spaces or less that the current required number of off-street parking spaces for the existing developed lot and space is available to provide the requisite spaces, then the spaces must be actually provided on the developed lot prior to the issuance of any building permit on the vacant lot or lots. Further, the lot area of the existing developed lot may not be reduced to below the minimum qualifying area and the frontage reduced to less than the minimum qualifying frontage by the transfer of an existing abutting vacant lot held in common ownership by use of any of the above provisions for existing lots. Further, the remaining vacant lots which are owned in common and are abutting on their sides must meet the square footage and frontage requirements stipulated in this subsection.

b.

If at the time of the adoption of this amendment, two vacant lots, situated within the LD zone, are owned in common and are abutting each other along their sides and either lot contains less than four thousand square feet, said lots are to be considered combined with each other and then the minimum qualifying area and minimum qualifying frontage stipulated in this subsection are to be applied to the resulting lot.

c.

If at the time of adoption of this amendment, three or more vacant lots, situated within the LD zone are owned in common, abut on their sides, and do not individually conform to the existing minimum area and frontage requirements of this title, the lots are then considered one lot for zoning purposes. Any redivision of the lot after the date of adoption of this amendment, for the purpose of obtaining a building permit must be by one of the following methods:

i.

Subdivision approval;

ii.

Subdivision approval not required;

iii.

Variance by the zoning board of appeals, for lot size and frontage granted in total compliance with the variance criteria of M.G.L. Ch. 40A, Section 10.

d.

Notwithstanding the foregoing conditions, within the LD zone, lots shall be deemed to be owned in common if the lots were simultaneously owned by the same entity or person for any period of time since January 1, 1994.

e.

Limited Side Yard Exception. Notwithstanding the foregoing conditions set forth in subsection (C)(1)(a) of this section regarding side yard dimensional requirements, if at the time of the adoption of this amendment, a vacant lot of lots within the LD zone, owned in common with a lot on which a dwelling exists and the transfer of ownership of the vacant lot directly abutting the developed lot or lots results in nonconformity of the side yard requirements of fifteen feet cumulative total, then the lot directly abutting the existing developed lot will not need to be utilized to meet the side yard set back requirements prior to the issuance of any building permit on the remaining vacant lot or lots; provided, that the lot was a legal conforming lot at the time of its creation, the structure thereon was a legal conforming structure at the time of its construction and any structure to be built upon the vacant lot abutting the developed lot utilizes a side yard of at least ten feet on that side of the vacant lot directly abutting the developed lot.

f.

Limited Parking Exception. Notwithstanding the foregoing conditions set forth in subsection (C)(1)(a) of this section regarding off-street parking requirements, if at the time of the adoption of this amendment, a vacant lot or lots within the LD zone, owned in common with a lot on which a dwelling exists and there is insufficient off-street parking spaces upon the developed lot, then the vacant lot directly abutting the existing developed lot will not need to be utilized to meet the off-street parking requirement prior to the issuance of any building permit on the remaining vacant lot or lots; provided, that the lot was legal conforming lot at the time of its creation, the structure thereon was a legal conforming structure at the time of its construction and there exists at least two modified parking spaces on the developed lot.

2.

Conditions for Lots Within the LL Zone. The primary intent and purpose of the following conditions is to make certain that, with respect to all qualified lots within the LL Zone, all existing structures conform to the parking requirements standards and set back requirements standards before remaining qualified lots held in common ownership is deemed buildable. A further intent of the following conditions is to make certain that all remaining vacant land within the LL zone, which is held in common ownership and which does not meet the minimum area and frontage requirements of this title, is deemed to be a single lot.

a.

If at the time of the adoption of this amendment, a vacant lot or lots within the LL zone, owned in common with a lot on which a dwelling exists and the transfer of ownership of the vacant lot directly abutting the developed lot or lots results in nonconformity of the side yard requirements of a minimum five feet on one side yard and fifteen feet cumulative total, then the lot directly abutting the existing developed lot must be utilized to meet the side yard setback requirement prior to the issuance of any building permit on the remaining vacant lot or lots. If at the time of the adoption of this amendment, a vacant lot or lots, situated within either the LL zone, owned in common with a lot on which a dwelling exists and the transfer of ownership of the vacant lot directly abutting the developed lot or lots results in nonconformity of the current parking requirements for the existing developed lot, then the lot directly abutting the existing developed lot must be utilized, in whole or in part (whether by subdivision, grant in fee or grant of an easement) to meet the parking requirement; notwithstanding any off-street parking requirements set forth in these revised ordinances, in no event will there exist an obligation for more than two off-street parking spaces to be created for the benefit of the lot on which the dwelling exists. If there are no off-street parking spaces or less than the current required number of off-street parking spaces for the existing developed lot and space is available to provide the requisite spaces, then the spaces must be actually provided in the developed lot prior to the issuance of any building permit on the vacant lot or lots.

b.

If at the time of the adoption of this amendment, two vacant lots, situated within the LL zone, are owned in common and are abutting each other along their sides and either lot contains less than five thousand four hundred square feet, the lots are to be considered combined with each other and then the minimum qualifying area and minimum qualifying frontage stipulated in this subsection are to be applied to the resulting lot.

c.

If at the time of adoption of this amendment, three or more vacant lots, situated within the LL zone are owned in common, abut on three sides, and do not individually conform to the existing minimum area and frontage requirements of this title, the lots are then considered one lot for zoning purposes. Any redivision of the lot after the date of adoption of this amendment, for the purpose of obtaining a building permit must be by one of the following methods:

i.

Subdivision approval;

ii.

Subdivision approval not required;

iii.

Variance by the zoning board of appeals, for lot size and frontage granted in total compliance with the variance criteria of M.G.L. Ch. 40A, Section 10.

d.

Notwithstanding the foregoing conditions, within the LL zone, lots shall be deemed to be owned in common if the lots were simultaneously owned by the same entity or person for any period of time since January 1, 1994.

3.

Conditions for Lots Within the HD Zone. The primary intent and purpose of the following conditions is to make certain that, within the HD zone, all existing structures conform to the parking requirement standards before any qualified lots held in common ownership is deemed buildable; provided, however, all as more particularly set forth herein, that no existing structure which complied with all parking requirements when it was constructed and which is either a legal conforming structure or a legal nonconforming structure shall be required to maintain more than two off-street parking spaces. A further intent of the following conditions is to make certain that all remaining vacant land, which is held in common ownership and which does not meet the minimum area and frontage requirements of this title, is deemed to be a single lot.

a.

If at the time of the adoption of this amendment, a vacant lot or lots, situated within the HD zone, owned in common with a lot on which a dwelling exists and the transfer of ownership of the vacant lot directly abutting the developed lot or lots resulted in nonconformity of the side yard requirements of a minimum five feet on one side yard and fifteen feet cumulative total, then the vacant lot directly abutting the nonconforming side (or sides) of the existing developed lot must maintain along the border between the existing developed lot an unbuilt upon buffer strip sufficient to provide a minimum of ten feet of open space between any buildings or any extensions, porches or other appurtenances thereof on the two lots.

If at the time of the adoption of this amendment, a vacant lot or lots, situated within the HD zone, are owned in common with a lot on which a dwelling exists and the transfer of ownership of, or the plan to build upon, the vacant lot or lots directly abutting the developed lot results in nonconformity of the current parking requirements for the existing developed lot, then the following two sentences apply:

i.

If there are no off-street parking spaces or less than the current required number of off-street parking spaces for the existing developed lot and space is available to provide the requisite spaces, then the spaces must actually be provided in the developed lot prior to the issuance of any building permit on the vacant lot or lots.

ii.

But, if the current developed lot cannot accommodate the current parking requirements on the developed lot, then the vacant lot shall be considered necessary for the parking for the developed lot and shall be deemed nonbuildable, unless the vacant lot can be subdivided to accommodate the additional necessary parking for the developed lot and the remaining portion of the vacant lot: (A) meets all of the qualifying area and qualifying footage requirements of this HD zone without variance; and (B) can accommodate without variance the current parking requirements of any new development on the vacant lot. The above-described subdivision shall be allowed by right notwithstanding any contrary provisions elsewhere in this zoning title.

Further, the lot area of the existing developed lot may not be reduced to below the minimum qualifying area and the frontage reduced to less than the minimum qualifying frontage by the transfer of an existing abutting vacant lot held in common ownership by use of any of the above provisions for existing lots. Further, the remaining vacant lots which are owned in common and are abutting on their sides must meet or exceed the minimum qualifying area and minimum qualifying frontage for the zone in which said lots exist.

b.

If at the time of the adoption of this amendment, two, three or four vacant lots, situated within the HD zone are owned in common and are abutting each other along their sides and either lot contains less than three thousand square feet, the lots are to be considered combined with each other and then the minimum qualifying area and minimum qualifying frontage required for lots in the HD zone are to be applied to the resulting lot.

c.

If at the time of adoption of this amendment, five or more vacant lots, situated within the HD zone, are owned in common, abut on three sides, and do not individually conform to the existing minimum area and frontage requirements of this title, the lots are then considered one lot for zoning purposes. Any redivision of the lot after the date of adoption of this amendment, for the purpose of obtaining a building permit must be by one of the following methods:

i.

Subdivision approval;

ii.

Subdivision approval not required.

d.

Notwithstanding the foregoing conditions, within the HD zone, lots shall be deemed to be owned in common if said lots were simultaneously owned by the same entity or person for any period of time since January 1, 1994.

4.

Conditions for Lots Within the North Revere Overlay Zone. Any lot which is to be built upon with the North Revere Overlay zone must comply with the current dimensional requirements in effect at the time of applying for permission to build; no lot shall be exempt from the lot frontage and other dimensional requirements provided in this title. The North Revere Overlay zone shall mean and include all area situated within the city of Revere bounded and described as follows:

Beginning at the intersection of Washington Avenue and the border between the City of Revere and the City of Malden,

Then following said border in a Northeasterly and then Northwesterly direction until the intersection between the Town of Saugus and the Cities of Revere, Malden and Melrose,

Then following Northwesterly, Southerly and Easterly along the border between the City of Revere and Town of Saugus,

Then following along the most southerly and easterly border of that certain lot known as Lot 435B as shown on Plate 31 of the official map of the City of Revere, Then following said most southerly and easterly border of said Lot 435B until the intersection of said border and Samuel R. Cutler Highway,

Then following Samuel R. Cutler Highway until the intersection between said Highway and Squire Road,

Then following Squire Road until the intersection of Squire Road and Washington Avenue,

Then following Washington Avenue until the point or place of the beginning.

D.

Additional Considerations.

1.

As used in this section, the term "qualified lot" means any lot situated in any RB district or NB district, provided the lot is situated along a constructed public way (which public way was constructed prior to January 1, 1994) and further provided that the lot is served by public water and sewer service. Further, the term "qualified lot" means only a lot that was vacant as of January 1, 1994. The term "vacant" means that no structure of any kind existed on the lot, including but not limited to a garage, shed, swimming pool, deck, cabana or any other accessory structure. The provisions of this section shall take effect on January 1, 2007. Notwithstanding the preceding sentence, the term "qualified lot" shall not mean and include those lots:

a.

Through which flow, or upon which exist, "waters of the U.S.", as said term is defined at 40 C.F.R. §§ 232.2(g) and 33 C.F.R. §§ 328.3(a); or

b.

Which abut or which are classified, in whole or in part, as "wetlands" pursuant to either the Massachusetts General Laws (including Mass. Gen. L. Ch. 131, §§ 40, Mass. Gen. L. Ch. 131, §§ 40A, Mass. Gen. L. Ch. 130 §§ 105) or any federal law, rule or regulation (including, but not limited to 40 C.F.R. §§ 232.2(r) and 33 C.F.R. §§ 328.3(b); or

c.

Which are situated in any district other than an RB district or an NB district; or

d.

Which are situated within or abutting any area designated as a so-called area of environmental concern.

2.

Within the HD zone, qualified lots shall be deemed to exist within an area of environmental concern if the lots abut along a public way on at least two of its sides.

3.

Rule of Construction. In the event that any qualified lot can be classified as being subject to two or more different regulations, the more stringent and restrictive regulation shall apply.

4.

Only those lots which are deemed "qualified lots" may be built upon pursuant to this section.

5.

The building inspector may require from an applicant for a building permit or certificate of occupancy any information which he or she, in his or her discretion, deems reasonable to evidence the satisfaction of the terms and conditions of this section.

E.

All pre-existing lots pursuant to this section, which comprise less than six thousand square feet in area, and are located within the boundaries of the one hundred-year flood plain as delineated on the Federal Emergency Management Agency (FEMA) flood insurance rate map (FIRM) for the city of Revere revised August 20, 2002, shall be limited to a single-family dwelling. Further, development on pre-existing vacant lots which are not located within the boundaries of the one hundred-year flood plain within the HD zone and which contain at least three thousand square feet and less than four thousand square feet and have at least a forty-foot frontage pursuant to this section shall be limited to a single-family use.

(C.O.07-52A-3 § 8; C.O. 07-52A-2 § 6; C.O. 07-52A-1 § 1; C.O. 07-52A § 10; C.O. 07-52 § 1; C.O. 06-41 § 3; C.O. 04-339A § 1; C.O. 03-75A § 2; C.O. 94-347)