[HISTORY: Adopted by the City Council of
the City of Marlborough as indicated in article histories. Amendments
noted where applicable.]
[Adopted 7-24-2006 by Ord. No. 06-1001088B]
As used in this article, the following terms
shall have the meanings indicated:
A certificate signed and issued by the Building Commissioner
or his/her designee, in which the Commissioner or his/her designee
certifies, based upon review of records then on file in the office
of the Building Commissioner, the following: 1) the use group of the
subject property authorized under the version of the State Building
Code in effect at the time of the signing and issuance of the certificate;
2) the zoning classification of the subject property authorized under
the version of the Marlborough Zoning Ordinance in effect at the time
of the signing and issuance of the certificate; and 3) the number
of dwelling units (as the term "dwelling units" is referenced in Articles
II and V of the Marlborough Zoning Ordinance[1]) at the subject property authorized under the version
of the Marlborough Zoning Ordinance in effect at the time of the signing
and issuance of the certificate.
A natural person, whether said person is acting individually
or as a trustee of a trust, and shall also mean a corporation, association,
partnership, firm or limited-liability company. The singular use of
the term includes the plural where the context so indicates.
A building or group of buildings located on the subject property
and containing not less than three and not more than 20 dwelling units,
unless the person owning a multifamily dwelling located on the subject
property can document with written records, to the express written
satisfaction of the Building Commissioner or his/her designee, that
prior to June 2, 1986, (the effective date when creation or conversion
beyond a two-family dwelling requires a special permit from the Marlborough
City Council) the building or group of buildings located on the subject
property was authorized, under the version of the Marlborough Zoning
Ordinance in effect at the time of creation or conversion beyond a
two-family dwelling, to contain not less than three and not more than
20 dwelling units.
The lot or lots of land in the City of Marlborough that is
or are the subject of a certificate regarding legal multifamily dwelling
units.
No person owning a qualified multifamily dwelling
in the City of Marlborough shall, with respect to a subject property
on which the qualified multifamily dwelling is located, enter into
a purchase-and-sale agreement or sale agreement, seek to transfer
the subject property, or list the subject property for sale with a
licensed real estate broker, unless and until such person has first
obtained from the Building Commissioner or his/her designee a certificate
regarding legal multifamily dwelling units, and has subsequently supplied
that certificate to the Marlborough Fire Department prior to the Marlborough
Fire Department conducting an inspection of the subject property pursuant
to MGL c. 148, § 26F.
[Amended 2-13-2023 by Ord. No. 23-1008796B]
Any certificate regarding legal multifamily
dwelling units, and any decision by the Building Commissioner or his/her
designee under this article, may be appealed to the Zoning Board of
Appeals pursuant to Massachusetts General Laws Chapter 40A.
The effective date of this chapter shall be
October 1, 2006.
