City of Watertown, MA Article V Tables of District Regulations

§ 5.00 Interpretation.

(a) Use and dimensional regulations listed in the District Tables are in addition subject to the other provisions in this Zoning Ordinance, particularly Articles IV, VI and VII.

(b) A use listed in § 5.01 and § 5.02 is permitted as of right in any district under which it is denoted by the letter "Y" (Yes). If designated in the Table by the letters "SP" (Special Permit), the use may be permitted as a special exception only if the Special Permit Granting Authority (SPGA) so determines and grants a special permit therefore as provided in § 9.04 subject to such restrictions as said SPGA may establish. If designated in the Table by the letters "SR" (Site Plan Review), the use is permitted as of right subject to the procedures and standards of Site Plan Review as provided in § 9.03. If designated in the Table by the letters "SP/SR" (Special Permit with Site Plan Review), the use may be permitted by special exception only if the SPGA so determines and grants a Special Permit in accordance with § 9.04, 9.05, 9.06, 9.07, and 9.08 subject to the procedures and standards of Site Plan Review as provided in § 9.03. If designated in the Table by the letter "N" (No), the use is not permitted in the district.

(c) No building or structure shall be built nor shall any existing building or structure be altered or enlarged which does not conform to the regulations as to maximum ratio of floor area and lot areas, minimum lot sizes, minimum lot area for each dwelling unit or equivalent, minimum lot width, minimum dimensions of front, side and rear yards, and maximum height of structures in the districts set forth in § 5.04 of this Article, except as hereinafter provided.

(d) 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 Zoning Ordinance, nor may these areas include any property of which the ownership has been transferred subsequent to the effective date of this Zoning Ordinance if such property was a part of the area required for compliance with the dimensional requirements applicable to the lot from which said transfer was made.

(e) In the case of multiple buildings on a lot in single ownership the distance between any portion of such buildings shall be not less than 10 feet.

§ 5.01 Table of Use Regulations.

As a Principal Use		S-6	S-10	CR	SC	T	R.75	R1.2	NB	LB	CB	I-1	I-2	I-3	PSCD	OSC	RMUD
1. Residence
a.	Dwelling, Single Family	Y	Y	Y	Y	Y	Y	Y	N	N	N	N	N	N	N	N	N
b.	Dwelling, existing one-family converted for two-families	N	N	Y	SP	Y (6)	Y	Y	N	N	N	N	N	N	N	N	N
c.	Dwelling, two family	N	N	Y	SP	Y (6)	Y	Y	N	N	N	N	N	N	N	N	N
d.	Existing dwelling converted for three families	N	N	Y	N	N	SP	SP	SP	SP	N	N	N	N	N	N	N
e.	New construction of three family dwelling structures.	N	N	Y	N	N	SP	SP	SP	SP	SP	N	N	N	N	N	N
f.	Multi-family 4+	N	N	SP/ SR	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	Y (2)	N	N	SP/ SR	SP/ SR	N	N
g.	Row houses and townhouses
	1. Three units	N	N	SP	N	N	SP	SP	SP	SP	N	N	N	SP	Y	N	N
	2. Four to eight units	N	N	SP/ SR	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	N	N	SP/ SR	SP/ SR	N	N
h.	Licensed lodging house	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
i.	Hotel and Motel Use	N	N	N	N	N	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR (12)	SP/ SR	SP/ SR	SP/ SR	N	SP/ SR
j.	Trailer park or mobile home park	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
k.	Mixed-use Development
	1. Up to three residential units	N	N	N	N	N	N	N	SR (7)	SR (7)	SR (7)	N	N	SP/ SR (8) (13)	Y (8)	N	N
	2. Greater than three residential units	N	N	N	N	N	N	N	SP/ SR (7)	SP/ SR (7)	SP/ SR (7)	N	N	SP/ SR (8) (13)	SP/ SR (8)	N	SP/ SR (7) (8)
2. Institutional, Transportation, Utility, and Agricultural Uses
a.	Any religious, educational, or licensed day care use as defined by CH.40A, § 3.
	1. All non-conversions; and, new construction and conversions up to 4,000 s.f. of building area	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y
	2. New construction or conversion greater than 4,000 s.f. of building area	SR	SR	SR	SR	SR	SR	SR	SR	SR	SR	SR	SR	SR	SR	SR	SR
b.	Country club, tennis club, swimming club, nonprofit club.	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR
c.	Commercial agricultural, nursery garden, greenhouse, garden supply.
	1. On up to 5 acres	N	N	N	N	N	N	N	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	SP/ SR
	2. On more than 5 acres	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y
d.	Existing dwellings converted for nonprofit club, school, clinic (11)
	1. All non-conversions; and, new construction and conversions up to 4,000 s.f. of building area	N	N	N	SP	SP	SP	SP	SP	SP	SP	N	N	N	SP	N	N
	2. New construction or conversion greater than 4,000 s.f. of building area	N	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	N	N	SP/ SR	N	N
e.	Cemeteries	N	N	N	N	N	N	N	N	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N
f.	Recreational facility owned or operated by a City agency or other governmental agencies or public open space.	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y
g.	Nursing home, rest home, or convalescent home provided the lot fronts on a street at least 65 feet wide.	N	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	N	N	N	N	N	N
h.	Assisted Living	N	N	N	N	N	SP/ SR	SP/ SR	SP/ SR (7)	SP/ SR (7)	SP/ SR (7)	N	N	SP/ SR (7)	N	N	SP/ SR (7)
3. Business, Office, and Consumer Service Uses
a.	Business offices, bank, medical and dental buildings, schools operated for gain.
	1. All non-conversions; and, new construction and conversions up to 4,000 s.f. of building area	N	N	N	N	N	N	N	Y	Y	Y	Y	Y	Y	Y	N	Y
	2. New construction or conversion greater than 4,000 s.f. of building area	N	N	N	N	N	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	SP/ SR
b.	Commercial, recreation, including bowling alley or skating rink completely enclosed.
	1. All non-conversions; and, new construction and conversions up to 4,000 s.f. of building area	N	N	N	N	N	N	N	N	N	Y	Y	Y	Y	Y	N	Y
	2. New construction or conversion greater than 4,000 s.f. of building area	N	N	N	N	N	N	N	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	SP/ SR
c.	Commercial parking, parking lot for gain.	N	N	N	N	N	N	N	Y (10)	Y (10)	Y (10)	Y (10)	Y (10)	Y (10)	Y (10)	N	Y (10)
d.	New and used vehicles for sale or lease and display and storage of operable vehicles only.	N	N	N	N	N	N	N	N	N	N	SP/ SR	SP/ SR	SP/ SR	N	N	N (15)
e.	Printer, publisher
	1. All non-conversions; and, new construction and conversions up to 4,000 s.f. of building area	N	N	N	N	N	N	N	Y	Y	Y	Y	Y	Y	Y	N	Y
	2. New construction or conversion greater than 4,000 s.f. of building area	N	N	N	N	N	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	SP/ SR
f.	Retail stores including liquor stores.
	1. All non-conversions; and, new construction and conversions up to 4,000 s.f. of building area	N	N	N	N	N	N	N	Y	Y	Y	Y	Y (1)	Y (1)	Y	N	Y (1)
	2. New construction or conversion greater than 4,000 s.f. of building area	N	N	N	N	N	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	SP/ SR
g.	Personal services, such as barber shop, beauty parlor, etc.
	1. All non-conversions; and, new construction and conversions up to 4,000 s.f. of building area	N	N	N	N	N	N	N	Y	Y	Y	Y	Y (1)	Y (1)	Y	N	Y (1)
	2. New construction or conversion greater than 4,000 s.f. of building area	N	N	N	N	N	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	SP/ SR
h.	Repair and alteration of clothes and domestic furnishings.
	1. All non-conversions; and, new construction and conversions up to 4,000 s.f. of building area	N	N	N	N	N	N	N	Y	Y	Y	Y	Y	Y	Y	N	Y
	2. New construction or conversion greater than 4,000 s.f. of building area	N	N	N	N	N	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	SP/ SR
i.	Eating place with or without liquor.
	1. All non-conversions; and, new construction and conversions up to 4,000 s.f. of building area	N	N	N	N	N	N	N	Y	Y	Y	Y	Y	Y	Y	N	Y
	2. New construction or conversion greater than 4,000 s.f. of building area	N	N	N	N	N	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	SP/ SR
j.	Bar or other establishment where the primary purpose is the sale and consumption of alcoholic beverages.	N	N	N	N	N	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	SP/ SR
k.	Laundry and cleaning, automatic, but not steam laundry.	N	N	N	N	N	N	N	SP	SP	SP	SP	SP	SP	SP	N	SP
l.	Gasoline Service Station	N	N	N	N	N	N	N	SP/ SR	SP/ SR	N	N	N	N	N	N	N
m.	Undertaker, funeral parlor.	N	N	N	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	SP/ SR	SP/ SR	SP/ SR	N	N	N
n.	Adult Stores	N	N	N	N	N	N	N	N	N	N	SP (5)	SP (5)	N	N	N	SP (5)
o.	Adult Theaters	N	N	N	N	N	N	N	N	N	N	SP (5)	SP (5)	N	N	N	SP (5)
p.	Firearms Business	N	N	N	N	N	N	N	N	SP (18)	SP (18)	SP (18)	SP (18)	SP (18)	SP (18)	N	SP (18)
4. Open-Air Drive-in Retail and Service
a.	Drive-in Bank
	1. All non-conversions; and, new construction and conversions up to 4,000 s.f. of building area	N	N	N	N	N	N	N	Y	Y	Y	Y	Y	Y	N	N	Y
	2. New construction or conversion greater than 4,000 s.f. of building area	N	N	N	N	N	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	N	SP/ SR
b.	Outdoor amusement park, outdoor sports facility conducted for profit.	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
c.	Open-air drive-in theater or other open-air place of entertainment.	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
d.	Car washing establishment using mechanical equipment for cleaning automobiles and other equipment.	N	N	N	N	N	N	N	N	N	N	SP/ SR	N	N	N	N	N
e.	Drive-in restaurant. Drive-in refreshment stand, drive-through eating establishment.	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
f.	Fast food establishment	N	N	N	N	N	N	N	SP/ SR	SP/ SR	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	SP/ SR
g.	Outdoor Storage of Merchandise.	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
5. Light Industry, Wholesale, Laboratory
a.	Light Industry
	1. All non-conversions; and, new construction and conversions up to 4,000 s.f. of building area	N	N	N	N	N	N	N	N	N	N (17)	Y	Y	Y	SP	N	SP
	2. New construction or conversion greater than 4,000 s.f. of building area	N	N	N	N	N	N	N	N	N	N (17)	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	SP/ SR
b.	Non-nuisance manufacturing
	1. All non-conversions; and, new construction and conversions up to 4,000 s.f. of building area	N	N	N	N	N	N	N	N	N	N (17)	Y	Y	Y	SP	N	Y
	2. New construction or conversion greater than 4,000 s.f. of building area	N	N	N	N	N	N	N	N	N	N (17)	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	SP/ SR
c.	Office, including but not limited to administrative, executive, professional, and similar offices.
	1. All non-conversions; and, new construction and conversions up to 4,000 s.f. of building area	N	N	N	N	N	N	N	N	N	Y	Y	Y	Y	Y	N	Y
	2. New construction or conversion greater than 4,000 s.f. of building area	N	N	N	N	N	N	N	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	SP/ SR
d.	Public or bonded warehouse, parcel or goods distribution.	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
e.	Laboratories engaged in research, experimental and testing activities, including but not limited to the fields of biology, chemistry, electronics, engineering, geology, medicine, and physics.
	1. All non-conversions; and, new construction and conversions up to 4,000 s.f. of building area	N	N	N	N	N	N	N	N	N	N (17)	Y	Y	Y	Y	N	Y
	2. New construction or conversion greater than 4,000 s.f. of building area	N	N	N	N	N	N	N	N	N	N (17)	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	SP/ SR
f.	Motor Vehicle Repair	N	N	N	N	N	N	N	N	N	N	SP	SP	SP	N	N	N
g.	Motor Vehicle Body Work	N	N	N	N	N	N	N	N	N	N	SP (4)	SP (4)	SP (4)	N	N	N
h.	Wholesale business, warehouse.	N	N	N	N	N	N	N	N	N	N	SP/ SR	SP/ SR	SP/ SR	SP/ SR	N	SP/ SR
i.	Self-Service Storage Facility.	N	N	N	N	N	N	N	N	N	N	SP (9)	SP (9)	N	N	N	N
j.	Renewable or alternative energy research, development or manufacturing facility
	1. All non-conversions; and, new construction and conversions up to 4,000 s.f. of building area	N	N	N	N	N	N	N	N	N	N (17)	Y	Y	Y	Y	N	Y
	2. New construction or conversion greater than 4,000 s.f. of building area	N	N	N	N	N	N	N	N	N	N (17)	SR	SR	SR	SR	N	SR
k.	Medical Marijuana Treatment Center (16)	N	N	N	N	N	N	N	N	SP	SP	SP	SP	SP	SP	N	SP
l.	Adult Use Marijuana Establishment (16)	N	N	N	N	N	N	N	N	SP	SP	SP	SP	SP	SP	N	SP
m.	Marijuana Testing Laboratories	N	N	N	N	N	N	N	N	N	N	SP	SP	SP	SP	N	SP
6. Heavy Industry
a.	Open-lot storage of junk, scrap, paper, rags, containers or other salvage waste articles.	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
b.	Truck or bus terminals, yard or building for storage or servicing of trucks, trailers or buses, parking lot for trucks.	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
c.	Place for exhibition, lettering or sale of gravestones or monuments.
	1. All non-conversions; and, new construction and conversions up to 4,000 s.f. of building area	N	N	N	N	N	N	N	N	N	N	Y	N	N	N	N	N
	2. New construction or conversion greater than 4,000 s.f. of building area	N	N	N	N	N	N	N	N	N	N	SP/ SR	N	N	N	N	N
d.	Heavy Industry
	1. All non-conversions; and, new construction and conversions up to 4,000 s.f. of building area	N	N	N	N	N	N	N	N	N	N	Y	N	N	N	N	N
	2. New construction or conversion greater than 4,000 s.f. of building area	N	N	N	N	N	N	N	N	N	N	SP/ SR	N	N	N	N	N
e.	Storage of flammable gas, liquids, or explosives (non-accessory)	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
f.	Any trade, Industry, or other use that is noxious, offensive or hazardous by reason of vibration or noise or the emission of odors, dust, gas, fumes, smoke, cinders, flashing or excessively bright light, refuse matter or any other cause.	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N

§ 5.02 Table of Accessory Use Regulations.

	Accessory Use Only	S-6	S-10	CR	SC	T	R.75	R1.2	NB	LB	CB	I-1	I-2	I-3	PSCD	OSC	RMUD
a.	Within a dwelling unit that is owner occupied, renting of not more than two rooms as a lodging without separate cooking facilities and for not more than two lodgers	SP	SP	SP	SP	SP	SP	SP	SP	SP	SP	N	SP	SP	N	N	N
b.	Private greenhouse, tool shed, Swimming pool and kennel not used as a part of a business, and not offensive to the neighborhood by reason of noise, odor or other cause.	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	SP	N	SP
c.	Accessory parking and garage as permitted in Article IV	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	N	Y
d.	Home Occupation	SP	SP	SP	SP	SP	SP	SP	SP	SP	SP	SP	SP	SP	SP	N	SP
e.	Home Office	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	N	Y
f.	Parking for Occupant's business truck, exceeding 3/4 ton capacity.	SP	SP	SP	SP	SP	SP	SP	SP	Y	Y	Y	Y	Y	SP	N	SP
g.	Administrative offices, clubrooms, and common laundry room reserved for occupant's use. Accessory to multi-family dwellings	N	N	N	N	N	Y	Y	N	N	N	N	N	N	N	N	Y
h.	Business accessory uses, usual, not to include outside service window or outdoor storage of merchandise.	N	N	N	N	N	N	N	Y	Y	Y	Y	Y	N	Y
i.	Outside Service Window as a Business accessory use, usual, except for outdoor storage of merchandise.	N	N	N	N	N	N	N	SP	SP	SP	SP	SP	SP	SP	N	SP
j.	Outdoor display and storage of new merchandise subject to screening provisions.	N	N	N	N	N	N	N	SP	SP	SP	SP	SP	SP	SP	N	SP
k.	Residence for caretaker or janitor.	N	N	N	N	N	Y	Y	N	N	Y	Y	Y	Y	Y	N	Y
l.	New and used vehicles for sale or lease and display and storage of operable vehicles only	N	N	N	N	N	N	N	N	SP	SP	SP	SP	SP	N	N	N(15)
m.	Business and professional offices, schools operated for gain, commercial recreation (if completely enclosed), private clubs, personal services (such as barber, etc.), retail stores, eating places (with or without liquor) and banks, insofar as they do not exceed 5% of the gross floor area of the apartment development on the lot.	N	N	N	N	N	N	SP	N	SP	SP	N	N	SP	SP	N	SP
n.	Licensed Day Care	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	N	Y
o.	Family Day Care	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	N	Y
p.	To allow residents to garage in a permanent enclosed structure on their property Antique Motor Cars as recognized by the Commonwealth of Massachusetts Registry of Motor Vehicles	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	Y	N	Y
q.	Activities accessory to a principal use permitted as a right that are necessary in connection with scientific research of scientific development or related production.	N	N	N	N	N	N	N	SP	SP	SP	SP	SP	SP	SP	N	SP
r.	Games of chance or similar entertainment or amusement, operated either live or through audio or video broadcast or close circuit transmission, except at an establishment that possesses an All Alcoholic or Wine and Malt License	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N	N
s.	Outdoor transfer of retail goods to customers	N	N	N	N	N	N	N	N	SP (19)	SP (19)	SP (19)	SP (19)	SP (19)	SP (19)	N	SP (19)

§ 5.03 Notes to Table of Use Regulations.

(1) Commercial uses permitted as described in § 5.01(3)(f) and (g) shall be allowed if said uses meet the following criteria; shall not exceed 4,000 square feet in a building or buildings with a Gross Floor Area of less than hundred thousand (100,000) square feet, or exceed five % of the gross floor area for a building or buildings with a Gross Floor Area hundred thousand (100,000) square feet or more, except by special permit.

(2) Multi-family uses are allowed in the CB district as of right if at least the first floor of the structure in which they are located is used for retail or other business purposes. However, not more than the first two floors may be used for retail or service related purposes in a mixed-use project.

(3) For the purpose of this Zoning Ordinance, any public property in the OSC District sold to a private owner or owners shall be deemed to be in the CR District. Buildings that were existing at the time of the adoption of the OSC Zone may be used, reconstructed or rehabilitated for the uses permitted in § 5.01.

(4) The maximum number of automotive body work shops that shall be permitted in Watertown is 18, whether such shops are independent establishments or associated with motor vehicle repair shops or automotive sales shops. The Board of Appeals may grant a Special Permit for automobile body repair work only upon the conditions set forth in § 9.05 of the Zoning Ordinance and upon the further condition that the applicant presents evidence satisfactory to the Board of Appeals that the proposed establishment will be a change of location or a replacement of an existing establishment, and that the total number of such establishments, including the applicant, does not exceed 18.

(5) Adult stores and adult theaters, as defined in § 2.00 may be allowed by special permit subject to the following findings and conditions, and to such additional terms and conditions as the Board of Appeals may impose:

(a) No merchandise or services prohibited as obscene and indecent not encompassed by the definition adult stores and theaters shall be disseminated or available therein.

(b) The permitted uses specifically exclude disseminating or offering to disseminate adult matter to minors, and suffering minors to view the displays or linger in the store shall be deemed evidence of violation of this section.

(c) No adult store or theater shall be located within the same block or 500 feet of a residential zone, dwelling house, school, place of worship, church, park, playground, youth center or of another adult store.

(d) Parking requirements for adult stores and theaters shall comply with Article VI of said Zoning Ordinance.

(6) In the T District, a new two family dwelling and an existing one family detached dwelling converted into a two family dwelling on lots of less than 7,500 square feet shall be permitted as of right if the total floor to area ratio (FAR) does not exceed 0.50. In the T district only, FAR does not include basement and garage area. A new two family dwelling and an existing one family detached dwelling converted into a two family dwelling on lots of less than 7,500 square feet may exceed an FAR of 0.50 if granted a special permit by the Board of Appeals, but in no instance shall the FAR exceed 0.625. A new two-family dwelling or conversion of a single-family dwelling shall be allowed on lots that were legally created before May 29, 1996 and that were deeded at 5,000 square feet or more as of that date.

(7) All residential uses that are part of Vertical mixed-use developments shall be located only on floors above the ground floor, and in no instance shall more than 15% of any ground floor level that fronts on a public way be used for the purposes of gaining access to the residential uses.

For assisted living, the first floor shall be non-residential in nature and shall be a combination of retail and service uses, some of which may serve only the residents of the assisted living facility, to be determined through the site plan review and permitting process.

The surface area of the ground floor level facade along the public way as measured vertically from ground floor to the underside of the above floor plate and horizontally along the total length of the building fronting the public way must be composed of a minimum 50% transparent materials allowing unobstructed views into the building. However, parking areas or parking structures shall be screened. Commercial pedestrian entrances into these spaces must be no more than 50 feet apart from one another, or from the corner of the building.

(8) See § 9.07 for Mixed-Use in the I-3 Zoning District. Within the RMUD Zoning District, Mixed-Use is only allowed for projects of two acres or larger that have filed and received an approved Master Plan Special Permit under § 5.18.

(9) Self-Service Storage Facility must be setback 50 feet from all lot lines abutting a residential use.

(10) A parking lot for gain, as a principle use, and for more than 50 parking spaces, shall only be permitted by Special Permit in accordance with § 9.05.

(11) These conversions are only allowed if the lot fronts on a street at least 80 feet wide and new construction does not increase the existing floor area by more than 25%.

(12) A Hotel Use, which in the Industrial 1 Zoning District fronts along a collector or arterial shall be subject to the dimensional regulations provided for in § 5.04 applicable to the Central Business (CB) District with the exception that the maximum allowable height shall be 79 feet/7 stories, with a minimum 16 foot first story (ground floor to second floor), and the minimum open space requirement shall be 10% and § 5.05 (k) regulating setbacks from Residential Districts shall remain in force. If this Note conflicts with any other provision of this Ordinance the language of this Note shall control.

(13) Residential units that are part of Mixed-Use developments shall be located primarily on floors above the ground floor, and in no instance shall more than 50% of the facade of the ground floor level that directly fronts onto and is adjacent to the primary public way be used for residential units. The Zoning Enforcement Officer shall determine the primary public way and the ground floor level. The remaining 50% of the ground floor level along the public way must have a minimum of 50% of its facade as measured vertically from ground floor to the underside of the above floor plate that faces the primary public way composed of transparent materials that admit unobstructed light and views into the project. Entrances into the non-residential unit spaces must be no more than 50 feet apart from one another, or from the corner of the building.

(14) In the PSCD-1 and PSCD-2 sub-categories, residential uses are permitted as described in § 5.16 of the Zoning Ordinance and as indicated with in Table 5.01. Residential uses are not permitted in the PSCD-3. Mixed Use Development less than 33 feet in height and not located within the buffer areas require only a Site Plan Review (SR) permit (exempt from Special Permit) prior to obtaining a building permit. All other zoning requirements shall apply.

(15) As part of a larger multi-tenant development, a retailer may display light duty passenger vehicles as an advertisement for sale or lease. Franchise automobile dealerships and uses as defined by § 2.57 and § 2.58 of the Zoning Ordinance are prohibited.

(16) Medical Marijuana Treatment Centers and Adult Use Marijuana Establishments (Section 8.04) are prohibited from siting such Centers and/or Establishments within a radius of five hundred feet (500 ft.) both between other like marijuana establishments/treatment centers and/or around pre-existing public or private schools providing education in kindergarten or any of grades 1 through 12, consistent with State Law. Further, there shall be a 500 foot buffer from public parks, playgrounds, and the Charles River Reservation, all as identified within the Watertown Open Space Plan. The distance shall be measured in a straight line from the nearest point of the property line of the proposed use to the nearest point of the property line of the pre-existing establishment or park.

The maximum number of marijuana retailers, as identified within Section 8.04(C) Definitions-Marijuana Establishments, shall be limited to 20% of the liquor licenses issued pursuant to M.G.L. c.138, § 15 (commonly known as package stores).

(17) To further the preservation, continuing the adaptive reuse, and modernization of existing, meaningful older buildings in Watertown Square, if a structure existed before the adoption of the Zoning Ordinance on March 29, 1937, the cumulative conversion of a building or portion of a building area of less than 4,000 s.f. is allowed by right and conversion greater of 4,000 s.f. of building area is permitted subject to Site Plan Review as provided in § 9.03.

(18) Firearms businesses are prohibited from siting within a radius of five hundred feet (500 ft.) both between other like businesses and/or around pre-existing public or private schools providing education in kindergarten or any of grades 1 through 12. Further, there shall be a 500-foot buffer from public parks, playgrounds, and the Charles River Reservation, all as identified within the Watertown Open Space Plan. The distance shall be measured in a straight line from the nearest point of the property line of the proposed use to the nearest point of the property line of the pre-existing establishment or park.

(19) Outdoor transfer of retail goods to customers, which goods have been purchased by the customer remotely, not to include orders comprised entirely of food prepared for immediate consumption. The transfer shall occur in designated parking spaces serving the retail establishment. The number of designated spaces shall not exceed 10% of the required off-street parking spaces per Section 6.01.

(20) New non-residential development may be subject to an affordable housing linkage fee under § 5.07.

[Added 4-11-2023 by Ord. No. 2023-O-20A]

§ 5.04 Table of Dimensional Regulations.

District	Min. Lot Size (s.f.)	Min. Frontage (ft)	Setbacks (ft)(p)			Max. Building Coverage (%)(x)	Max. Impervious Coverage (%)(x)	Max. Height (ft/stories)	Min. Lot Area Per Dwelling Unit (s.f.)	Max. FAR	Min. Open Space (%)
			Front	Side	Rear
S-6	6,000	65	25	12/10(e)	20	25	85	35/2.5(j)	-	-	15
S-10	10,000	80	25	15/10(e)	20	20	80	35/2.5(j)	-	-	20
SC	6,500	50	15	12/10(e)	20	30	85	35/2.5(j)	-	-	15
T(r)	5,000 (r)	50	15	12/10(e)	20	30	85	35/2.5(j)	-	0.5(r)	15
R.75	5,000	50(f)	15	20	25	35	80	35	1,500	0.75(g)	20
R1.2	5,000	50(f)	15	25	30	50	80	45	1,000	1.2(h)	20
NB	-	50(f)	—	10(d)	15	50	90	35/2.5(j)(n)	-	0.5	10
LB	-	40(f)	—	15(d)	20	80	90	40/4(k)(n)	-	1.0	10
CB	-	(f)	—	—	—	—	100	55/5(k)(n)	-	4.0(o)	(n)
I-1	-	50(f)	10 Max. 30(s)	25(d)	30	50	90	55/5 (k)(n)	-	2.0(i)	10
I-2	-	50(f)	10 Max. 30(s)	25(d)	30	50	90	55/5 (k)(n)	-	2.0(i)	10
I-3	-	50(f)	10 Max. 30(s)	25(d)	30	50	90	55/5 (k)(n)	-	1.0	10
I-3 (Residential/Mixed Use)	-	50(f)	10 Max. 30(s)	25	30	50	80	55/5 (k)(n)	800	2.0(i)	20
PSCD	10,000	—	10 Max. 30(s)	0/Shared party wall or 18 ft	18	50(t)	80	Min. 24 Max. 55/5(u)	1000	1.0(v) Mixed Use 2.0	20
RMUD	10,000(w)	50(f)	10 Max 30(s)(p)	15(d)	20(p)	75	85	55/5(n)	N/A	1.0(i)	20
OSC	-	50	50	25	50	15	25	35/2.5(j)	-	0.1	75
CR	40,000	100	50(m)	30(m)	50(m)	15	35	35/2.5(j)	10,000	-	65
RO	10,000	50	-	15	20	65	85	43/4	-	2.0(q)	15
Lots Legally Created after 5/29/96
S-6	6,000	65	25	12/10(e)	20	25	85	35/2.5(j)	-	-	15
SC	7,500	50	15	12/10(e)	20	30	85	35/2.5(j)	-	-	15
T	7,500	50	15	12/10(e)	20	30	85	35/2.5(j)	-	-	15

§ 5.05 Notes to Table of Dimensional Regulations.

(a) Exempt religious and educational institutions may not be more than three stories or 40 feet high.

(b) A dwelling to be erected between two existing dwellings adjacent to the lot need not have a front yard greater than the average of the yards in front of the two existing dwelling.

(c) A rear yard or side yard may contain accessory buildings not over one story high and covering not more than 30% of the required yard area.

(d) Side yards between buildings without dwelling units may be omitted by Special Permit provided that the side yard does not adjoin a Residence district, and that the access of emergency equipment to the rear parking is not rendered inaccessible. For new construction of three or four family dwelling structures or rowhouses, side yards shall be required at the side lot as at the end of each row of attached dwelling. When the row of dwellings is facing the street, no single side yard shall be less than (ten) 10 feet wide. When the row is facing the side yard, no single side yard shall be less than 15 feet wide. No row shall consist of more than eight dwellings, and each dwelling shall be a minimum of 20 feet, measured between the common walls.

(e) The minimum setback for one side yard must be at least the first number listed and for the other side yard the second number listed. The side yard in which the driveway is located must be at least 12 feet in width and further, the paved driveway shall be not less than eight feet in width. At least four feet of the driveway side yard, measured from the lot side boundary, shall be a buffer zone landscaped with natural, non-invasive plantings. For purposes of § 6.02, the driveway side buffer zone shall not be used for off-street parking. Also, see § 4.11, Exceptions to Setback Requirements.

(f) The minimum frontage of the lot shall be 100 feet for new construction of multi-family dwelling structures, townhouses, and rowhouses.

For all new construction in the RMUD, NB, LB, CB, I-1, I-2, and I-3 Districts the maximum length of a contiguous building facade shall be no more than 150 feet long or up to 250 feet long by Special Permit in keeping with adopted Design Guidelines. Offsets of a minimum of 25 feet in depth and 50 feet in length, shall be incorporated for facades to not be considered contiguous. The maximum linear dimension of a building shall be less than 300 feet long, unless a project of greater length, by Special Permit, is determined to be in keeping with adopted Design Guidelines. Buildings with a substantial, publicly-accessible pass through at the ground floor that is a minimum of 50 feet across and 20 feet in height, or an equivalent area, may be considered as separate buildings, as determined by the Zoning Enforcement Officer.

Exceptions — In the RMUD, both the maximum contiguous wall and the overall length of a building may be increased through the use of a Master Plan Special Permit, but any increase must be in-keeping with adopted Design Guidelines and the local context.

(g) In the R.75 district, development shall be allowed by right up to an FAR of 0.75 without a special permit and without affordable housing requirements if the total number of dwelling units is five or less. However, if more than five units are developed, a special permit is required under § 9.05, and the project is subject to the affordable housing requirements set out in § 5.07.

(h) In the R1.2 district, development shall be allowed by right up to an FAR of 1.2 without a special permit and without affordable housing requirements if the total amount of dwelling units is five or less. However, if more than five units are developed, a special permit is required under § 9.05, and the project is subject to the affordable housing requirements set out in § 5.07.

(i) No use in the RMUD, I-1, I-2 or I-3 Districts shall exceed an FAR of 1.0 without receiving a special permit consistent with § 9.03-9.15 and in no instance shall the increased intensity of use allowed by the special permit exceed an FAR of 2.0. In addition, no residential use in the I-3 district shall be allowed without receiving a special permit consistent with the above noted sections and § 5.07.

(j) For all residential development in the S-6, S-10, SC, T and OSC zoning districts the height of the highest eave (intersection of the roof line and wall line) shall not exceed (twenty-six) 26 feet.

(k) For all uses allowed by special permit in the CB, LB, I-1, I-2 and I-3 districts no part of any structure when abutting a residential zoning district shall be closer than 25 feet as measured perpendicular to the property line of said residential district. At 25 feet from said property line, beginning at a height of 25 feet measured from the grade plane described in § 2.24, a structure shall increase in height no more than a ratio of 1:1 (45 degrees) moving perpendicularly away from the property line, with a maximum height as outlined per § 5.04 and § 5.05. Further, in the required 25 foot setback for all structures at least 15 feet of said area shall be primarily landscaped or screened by fencing to serve as a year-round visual buffer where the proposed project abut a residential zoning district.

(l) In the I-1, I-2 and I-3 districts, fences shall have a maximum allowable height of eight feet. In all other districts, fences shall have a maximum allowable height of six feet. Further, no accessory recreational structure such as a basketball court, tennis court or similar recreational area shall be allowed within five feet of any lot line.

(m) The minimum distance between any two structures in the CR zone shall not be less than one-half the average heights between the two buildings in question, except structures that are used for allowed accessory purposes.

(n) For Mixed-Use development of any type (Residential and Commercial) the minimum open space requirement shall be 20%.

For office buildings or mixed-use developments in the NB, LB, CB, RMUD, I-1, I-2, and I-3 Districts greater than or equal to 10,000 gross square feet or containing 10 or more residential units, the minimum building height is 24 feet. For the RMUD see § 5.18 (c)5 for minimum and maximum heights.

(o) For mixed-use projects of any type (Residential and Commercial) the Maximum Floor Area Ratio shall be 4.0.

(p) No residential or mixed commercial residential structure shall be allowed within 25 feet of any OSC district boundary and no industrial or commercial structure within 50 feet of an OSC district boundary if it is located on a parcel greater than 25,000 square feet; if less than 25,000 square feet the required district setbacks shall apply, except in the RMUD.

Specifically, in the RMUD, by Special Permit, a project may incorporate publicly accessible open space to offset required setbacks, with reduced setbacks to be no less than existing adjacent buildings on the same lot or adjacent lots. At a minimum, the allowance for reduced setbacks shall include consideration of improving adjacent public parkland, with public access and amenities for community uses in proposed private open space within a project.

(q) See § 5.08(d)(1) and § 9.06(b). In the RO district, the projects containing only commercial uses, the maximum FAR is 1.5. For projects that contain any residential units, the maximum FAR is 2.0. Affordable housing requirements under § 5.07 shall apply.

(r) In the T district, a new two family dwelling and an existing one family detached dwelling converted into a two family dwelling on lots of less than 7,500 square feet shall be permitted as of right if the total floor area ratio (FAR) does not exceed 0.50. In the T district only, FAR does not include basement and garage area. A new two family dwelling and an existing one family detached dwelling converted into a two family dwelling on lots of less that 7,500 square feet may exceed an FAR of 0.50 if granted a special permit by the Board of Appeals, but in no instance shall the FAR exceed 0.625. A new two-family dwelling or conversion of a single-family dwelling shall be allowed on lots that were legally created before May 29, 1996 and that were deeded at 5,000 square feet or more as of that date.

(s) The build-to-line shall be 10 feet for commercial and industrial uses and portions of a mixed use project with commercial on the first floor. A build-to-line of 15 feet shall apply to sites with residential only uses and/or all portions of buildings not located over a commercial space.

The build-to-line may be increased up to a maximum of 30 feet for purposes of amenities such as a plaza, square, courtyard, recessed entrance, sidewalk, multi-use path or outdoor dining, but not intended for automobile use and may be increased above 30 feet to accommodate facade offsets pursuant to § 5.05(f) or as specified in § 4.11(d).

In addition, an increased build-to-line up to 30 feet may be required if it is determined that a strict adherence to the 10 foot build-to line is inconsistent with the Pleasant Street Corridor Plan or adopted Design Guidelines as determined by the SPGA.

In the case of multiple buildings on one lot, at least one building shall comply with the determined build- to-line, but in no instance shall buildings span less than a minimum of 25% of the lot frontage at the determined build-to-line.

(t) In the PSCD, the maximum building coverage may be increased to 60% by Special Permit in accordance with § 5.16(h).

(u) In the PSCD, the maximum allowable height may be increased up to 66 feet/6 stories with 15 foot step back from the buildings front facade by Special Permit in accordance with § 5.16(d) & (h).

(v) In the PSCD, the maximum FAR may be increased to 2.0 by Special Permit in accordance with § 5.16(d) & (h).

(w) Existing lots in the RMUD District that are less than 10,000 sf and were established prior to January 1, 2015, shall be deemed to be conforming as to minimum lot size.

(x) Coverage: Solar energy systems shall not be included in calculations for building coverage or impervious cover as identified in Section 5.04 - Table of Dimensional Regulations.

§ 5.06 Floodplain District.

(a) Intent and Purpose. The purposes of this district are:

1. To provide that lands in the City of Watertown subject to seasonal or periodic flooding as described hereinafter shall not be used for residence or other purposes in such manner as to endanger the health or safety of the occupants thereof.

2. To protect, preserve and maintain the water table and water recharge areas within the City so as to preserve the present and potential water supplies for the public health and safety of the residents of the City of Watertown.

3. To assure the continuation of the natural flow pattern of the water courses within the City of Watertown in order to provide adequate and safe floodwater storage capacity to protect persons and property against the hazards of flood inundation.

(b) District Delineation.

1. The floodplain District is defined as all special flood hazard areas within the City of Watertown designated as Zone A and AE, on the Middlesex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Middlesex County FIRM that are wholly or partially within the City of Watertown are panel numbers 25017C0414E, 25017C0418E, 25017C0419E, 25017C0552E, 25017C0556E, and 25017C0557E dated June 4, 2010. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Middlesex County Flood Insurance Study (FIS) report dated June 4, 2010. The FIRM and FIS report are incorporated herein by reference and are on file with the Department of Community Development and Planning and the Conservation Commission office.

2. Base Flood elevation and floodway data - In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

(c) Permitted Uses.

1. The Floodplain District shall be considered as overlying other districts. Any uses permitted in the portions of the districts so overlaid shall be permitted subject to all the provisions of this section.

2. The following uses shall be permitted within the Floodplain District as a matter of right.

(A) Conservation of soil, water, plants and wildlife.

(B) Outdoor recreation, including play areas, nature study, boating, fishing and hunting where otherwise legally permitted but excluding building and structures.

(C) Wildlife management areas, non-commercial signs, foot and bicycle paths and bridges, provided that such uses do not affect the natural flow pattern on any water course.

(D) Dwellings, buildings and structures lawfully existing prior to the adoption of these provisions, but not including any enlargement and/or extension thereof.

(E) Retail use in an RD - Limited Redevelopment District for which a final Order of Conditions has been issued under the Massachusetts Wetlands Protection Act (M.G.L. c. 131, § 40) and which meets the criteria listed on § 5.06(d)4a, b and c and § 5.06(d)7. No site plan approval shall be required under § 5.06(d)(4) for such use.

3. The portion of any lot within the area delineated in section (b) above may be used to meet the area and yard requirements for the district or districts in which the remainder of the lot is situated, provided that the portion does not exceed 25% of the minimum lot area.

(d) Board Action. In the Floodplain District, the special permit granting authority may grant a special permit for any use and/or structure, subject to the following:

1. The proposed use will not be detrimental to the public health, safety and welfare.

2. The proposed use will comply in all respects to the provisions of the underlying district or districts within which the land is located.

3. All necessary permits have been received from those governmental agencies from which approval is required by federal or state law.

4. The provisions of § 9.03 or 5.16 if applicable are applied for any use or structure. Specifically, the provisions of § 9.03(c) are applied in a manner designed to eliminate, minimize or reduce exposure to flood damage. In addition:

(A) New and replacement sanitary sewage systems must be designed to minimize or eliminate infiltration of flood waters into the system.

(B) New and replacement sanitary sewage systems must be similarly designed. Discharges from sewage systems into flood waters must be minimized or eliminated.

(C) No new construction, substantial improvement to existing structures, filling, or other land development shall be permitted unless it is demonstrated by the applicant that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood.

5. Any proposed new development greater than 50 lots or five acres, whichever is the lesser, must include base flood elevation data.

6. The elevation in mean sea level to which proposed new or substantially improved structure will be elevated or flood proofed, whether or not the structure has a basement is required.

7. The Floodplain District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following:

(A) The Section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (currently 780 CMR 120.G, "Flood Resistant Construction and Construction in Coastal Dunes");

(B) Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

(C) Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);

(D) Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5)

8. Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.

9. In reference to § 5.06(D), 4, C please note that under the Wetlands Protection Act Regulations, no rise in water surface elevation is allowed to result from proposed activity in the floodplain.

(e) Other Agency Action.

1. The Inspector of Buildings will maintain a record of floodproofing and elevation information as required by the State Building Code, including:

(A) The elevations, in relation to mean sea level of the lowest floor, including basement or cellar, and whether or not the building has a basement or cellar;

(B) The elevation, in relation to mean sea level, to which a building has been flood proofed;

(C) The date when such construction or improvement commenced.

(f) Notification of Watercourse Alteration. In a riverine situation, the Conservation Agent shall notify the following of any alteration or relocation of a watercourse:

•	Adjacent Communities
•	NFIP State Coordinator
	Massachusetts Department of Conservation and Recreation
	251 Causeway Street, Suite 600-700
	Boston, MA 02114-2104
•	NFIP Program Specialist
	Federal Emergency Management Agency, Region I
	99 High Street, 6th Floor
	Boston, MA 02110

§ 5.07 Affordable housing.

[Amended 4-11-2023 by Ord. No. 2023-O-20A]

(a) Intent and Purpose. The purposes of this Section are to encourage the expansion and improvement of the City of Watertown's housing stock; to provide for housing choices for households of all incomes, ages, and sizes; to prevent the displacement of low- and moderate-income residents; to produce affordable housing units in order to meet existing and anticipated employment needs within the City; to mitigate the impact of the increased demand for housing generated by employees of new commercial development wanting to live in Watertown; to provide opportunities for conventional residential and mixed-use development to contribute to increasing the supply of affordable housing; and to establish standards and guidelines in order to implement the foregoing.

(b) Definitions.

1. AFFORDABLE HOUSING PROGRAM — Collectively, § 5.07 and other provisions of the Watertown Zoning Ordinance that pertain to the development and preservation of affordable housing in the City of Watertown.

2. AFFORDABLE HOUSING RESTRICTION — A deed restriction, contract, mortgage agreement, or other legal instrument, acceptable in form and substance to the City of Watertown, that effectively restricts occupancy of an affordable housing unit to qualified purchaser or qualified renter, and which provides for administration, monitoring and enforcement of the restriction during the term of affordability. An affordable housing restriction shall run with the land in perpetuity or for the maximum period of time allowed by law, and be enforceable under the provisions of Chapter 184, Sections 26 or 31-32 of the General Laws.

3. AFFORDABLE HOUSING FUND — A fund account established by the City for the purpose of creating or preserving affordable housing in the City of Watertown.

4. AFFORDABLE HOUSING UNIT — A dwelling unit that is affordable to and occupied by a low- or moderate-income household and meets the requirements of the Massachusetts Department of Housing and Community Development, Local Initiative Program, for inclusion on the Chapter 40B Subsidized Housing Inventory.

5. AREA MEDIAN INCOME — The median family income for the metropolitan area that includes the City of Watertown, as defined in the annual schedule of low- and moderate-income limits published by the U.S. Department of Housing and Urban Development, adjusted for household size.

6. COVERED DEVELOPMENT — Any development required to provide affordable housing in accordance with § 5.07.

7. ELIGIBLE HOUSEHOLD — A low- or moderate-income household that purchases or rents an affordable housing unit and occupies it as their domicile and principal residence.

8. INCLUSION UNIT — An affordable housing unit built on the same site as the market-rate units in a covered development under § 5.07.

9. LOCAL INITIATIVE PROGRAM — A program administered by the Massachusetts Department of Housing and Community Development (DHCD) pursuant to 760 CMR 56.00 to develop and implement local housing initiatives that produce low- and moderate-income housing, with or without a comprehensive permit as defined in Chapter 40B, Section 20 through Section 23 of the General Laws.

10. LOW- OR MODERATE-INCOME HOUSEHOLD — A household with income at or below 80% of area median income, adjusted for household size, for the metropolitan area that includes the City of Watertown, as determined annually by the United States Department of Housing and Urban Development (HUD).

11. MARKET-RATE DWELLING UNIT — All dwelling units in a development subject to this § 5.07 that are not affordable housing units as defined herein.

12. MAXIMUM AFFORDABLE PURCHASE PRICE OR RENT — A purchase price or monthly rent that complies with the requirements and Table shown in § 5.07(d)(4) and that complies with the regulations and guidelines of the DHCD Local Initiative Program and the Watertown Planning Board, except that developments subject to § 5.07(j)(3) shall comply with the maximum purchase price or rent requirements of that section. For homeownership units, the maximum affordable purchase price shall account for the monthly cost of a mortgage payment, property taxes, insurance, and condominium fees where applicable. For rental units, the maximum affordable rent shall account for the monthly cost of rent and utilities. The household income used to compute the maximum affordable purchase price or rent shall be adjusted for household size, considering the household size for which a proposed affordable unit would be suitable under guidelines of the Local Initiative Program or any successor affordable housing program established by the state.

13. 

NEW DEVELOPMENT — For purposes of § 5.07(c), "new development" shall mean any of the following that results in 30,000 square feet or more of gross floor area:

a. Construction of new buildings or additions to existing buildings to accommodate non-residential uses; or

b. Substantial rehabilitation or conversion of buildings (or portions of buildings) to accommodate change to non-residential uses.

14. NON-RESIDENTIAL USES — For purposes of § 5.07(c), the following uses listed in the Table of Uses (§ 5.01) are non-residential uses: hotel and motel use; institutional, transportation, utility and agricultural uses (except for nursing home, rest home, convalescent home or assisted living); business, office and consumer service uses; open-air drive-in retail and service; light industry, wholesale, laboratory; heavy industry; and in § 5.02, the following accessory uses are non-residential uses: q (scientific research, development and production) and r (games of chance). Any non-residential portion of a mixed-use development shall be considered a non-residential use.

15. SMALL-SCALE INCLUSION DEVELOPMENT — A covered development that provides 6 or more up to 10 dwelling units.

16. SUBSIDIZED HOUSING INVENTORY — The Department of Housing and Community Development Chapter 40B Subsidized Housing Inventory as provided in 760 CMR 31.04.

(c) 

Affordable Housing Linkage Fee.

(1) Section 5.07(c) applies to any new development that consists of 30,000 square feet or more of gross floor area devoted to non-residential uses. The following are exempt: real property owned by the City of Watertown, and religious and educational uses protected by M.G.L. c. 40A, § 3.

(2) Any new development subject to § 5.07(c) must pay an affordable housing linkage fee of $11.12 per square foot of gross floor area devoted to non-residential uses plus the inflation adjustment applicable when the fee is paid. The inflation adjustment shall be made annually in January, based on the Consumer Price Index for all Urban Consumers, CPI-U, compiled by the U.S. Bureau of Labor Statistics. The Department of Community Development and Planning shall publish and annually update the adjusted affordable housing linkage fee on the City's website. The payment shall be made to the Watertown Affordable Housing Trust.

(3) The affordable housing linkage fee shall be paid in two installments, with the first payment made before any non-residential use that is part of the new development receives an occupancy permit that would allow it to be occupied by workers. The second payment shall be made on or before the one-year anniversary date of the first payment. In the case of a multi-building new development, the timing of the first payment shall be based on the building that is being occupied. No certificate of occupancy or additional building permits shall be issued until the first payment has been made.

(4) The City Manager, in consultation with the Watertown Affordable Housing Trust, may accept the following to satisfy all or part of the affordable housing linkage fee: a) inclusion of affordable housing units in excess of the number required by § 5.07; and/ or b) real property.

(5) The permit-granting authority for a new development shall require as a condition of any approval for zoning relief (including site plan review) that applicants pay the full affordable housing linkage fee and that the first payment be made prior to issuance of an occupancy permit.

(6) Where a new development consists of multiple buildings/phases, the 30,000 square feet threshold is based on the overall development proposed. Applicants may not use segmentation or surrogate or subsidiary entities to avoid compliance with § 5.07(c).

(7) The Department of Community Development and Planning shall request a nexus study every five years from the effective date of this subsection to assess the linkage between new development devoted to non-residential uses and demand for affordable housing and to assess any other factor relevant to the linkage fee and the rate charged. Based upon the nexus study, the fee may be reset as required based on recommendation of the City Manager and approval of the City Council.

(d) 

Applicability.

(1) § 5.07 applies to any development, whether new construction, conversion, adaptive reuse or expansion of an existing structure, involving the creation of more than five dwelling units, or more than five Independent or Assisted Living Units, or more than five lots for residential use, Independent Living and Assisted living, outside of the Assisted Living Overlay Zone, § 5.11. Dementia Care or Skilled Nursing shall be exempt from § 5.07.

Developments may not be segmented to avoid compliance with this Section. "Segmentation" shall mean any development, whether new construction, adaptive reuse or redevelopment, or any division of land that would cumulatively result in an increase by five or more residential lots or dwelling units above the number existing on a parcel of land or contiguous parcels in common ownership twenty- four months prior to the application. Where such segmentation occurs, it shall be subject to this Section as a covered development. A subdivision or division of land shall mean any subdivision as defined in the Subdivision Control Law, M.G.L. c. 41, §§ 81K-81GG, or any division of land under M.G.L. c. 41, § 81P, into lots for residential use.

(2) This Section does not apply to the rehabilitation of any building or structure, all of or substantially all of which is destroyed or damaged by fire or other casualty or a natural disaster; provided, however, no rehabilitation nor repair shall increase the density, bulk or size of any such building or structure which previously existed prior to the damage or destruction thereof except in conformance with this Section.

(e) 

Basic Requirements.

(1) Projects having more than five units: No Special Permit for a development requiring a Special Permit and no Building Permit for a use permitted as of right, shall be issued for a development subject to this section unless the Petitioner provides the percentage of the total dwelling units in the development as affordable housing as described herein, within § 5.07(d)(4) and otherwise consistent with this Section.

(2) Nothing in this Section shall preclude a developer from providing additional affordable units, or greater affordability, or both, than the minimum requirements. In no instance shall any permit or Special Permit approval create less than one affordable housing unit, and for purposes of this Section, any calculation of required affordable housing units that results in the fractional or decimal equivalent of one-half or above shall be increased to the next highest whole number.

(3) Affordable units shall be made available to eligible low- or moderate-income households at purchase prices or rents that comply with the Massachusetts Department of Housing and Community Development (DHCD) Local Initiative Program regulations, 760 CMR 56.00, or any successor program as may be determined by the Special Permit Granting Authority (SPGA) upon recommendation of the Watertown Housing Partnership (WHP) and as indicated in § 5.07(d)(4).[1]

[1] Editor's Note: The Watertown Housing Partnership was dissolved 11-23-2021 by Ord. No. 2021-O-90, and its powers and duties were transferred to the Watertown Housing Partnership. See Ch. 37, Municipal Housing Trust.

(4) The Rent and Ownership Affordability Requirements are as follows:

Total Project Size	Affordable Units	Rental Price	Ownership Price
1 to 5 units	0	NA	NA
6 to 19 units	12.5%	80% AMI	80% of AMI
20 and over units	15.0%	No less than 5% of the total units at 65% AMI	80% AMI
		10% of total units at 80% AMI	80% AMI

(5) For Projects with Assisted and Independent Living Units Requirements are as follows:

Unit Type	Number of Units	Percentage Affordable Units	Income Restriction
Independent Living (IL)	6-19	12.5% of the IL Units	80% AMI or less
	20 or more	15% of the IL Units
Assisted Living* (AL)	10 to 75	5% of AL Units
	76 or more	10% of AL Units
Dementia and/or Skilled Nursing	NA	Exempt	NA

*	For Assisted Living units, the maximum affordable purchase price or rent shall qualify for the SHI, and shall include base service costs. The base service package shall be indistinguishable between market rate and affordable units.

(f) 

Methods of Providing Affordable Units.

(1) A covered development with more than five and up to 10 units, shall have the option of providing an affordable unit on site or making a cash payment in lieu of units on site. A Covered Development with more than 10 units shall provide the affordable units on site. However, approval for cash payment in lieu of on-site affordable units may be granted by the SPGA in certain extraordinary circumstances. The SPGA must find that the developer has clearly demonstrated that providing such unit(s) on-site would create significant hardship and that a cash payment in lieu of on- site unit(s) is in the best interest of the City's affordable housing needs.

Any request for alternative means of compliance shall be reviewed by the WHP, which shall then make its recommendation to the SPGA.

(2) The SPGA may authorize that an alternative method of compliance be used, in accordance with the following:

Cash Payment: The SPGA may grant a Special Permit to provide affordable housing through a cash payment to the Watertown Affordable Housing Fund, in lieu of providing one or more of the affordable units required under this Section.

The cash payment for housing units, including Independent Living Units, shall be equal to the most current Total Development Cost as articulated in the MA Department of Housing & Community Development's Qualified Allocation Plan for Low Income Housing Tax Credit, for the areas described as Within Metro Boston/Suburban Area, as adjusted for the type of project and number of units. The cash payments shall also be in accordance with a schedule of affordable housing payments as outlined in § 5.07(h)(6) and guidelines adopted and amended from time to time by the SPGA, following a public hearing, in consultation with the WHP and the Watertown Department of Community Development and Planning (DCDP). The cash payment for Assisted Living Units shall be not less than $200,000 per unit.

(g) 

Location and Comparability of Affordable Units.

(1) Affordable units shall be proportionately distributed throughout the building(s) in a Covered Development.

(2) Affordable units shall be indistinguishable from market-rate units in exterior building materials and finishes; overall construction quality; and energy efficiency, including mechanical equipment and plumbing, insulation, windows, and heating and cooling systems, as determined by the Building Inspector

(3) Affordable units may differ from market-rate units in type of appliances, finishes; however, the affordable units shall be comparable to the base market-rate units in such instances.

(4) Affordable units shall have the same floor area as the median market-rate units of the same number of bedrooms within a margin of 20%; provided that units are not less than the minimum square foot required by DHCD. This criterion shall not apply to Assisted Living Units.

(5) The bedroom mix in the affordable units shall be proportionate to the market-rate units, unless the SPGA authorizes a different mix by special permit upon the recommendation of the WHP.

(6) The SPGA may adopt regulations or guidelines to further define comparability of the foregoing requirements.

(7) The WHP shall provide the Petitioner and SPGA as provided in § 5.07(i) with its recommendations with reference to the Petitioner's proposal in meeting the requirements for affordable housing.

(h) Affirmative Marketing and Local Preference Policy. Affordable units shall be made available for purchase or rent to eligible low- or moderate-income households under an affirmative marketing plan that complies with federal and state fair housing laws, and fair housing and local preference guidelines established by the Watertown Housing Partnership.[2] No Building Permit for a Covered Development shall be issued unless the Department of Community Development and Planning (DCDP) has determined that the Petitioner's affirmative marketing plan complies with this requirement. The affirmative marketing costs for the affordable housing units shall be the responsibility of the Petitioner.

[2] Editor's Note: The Watertown Housing Partnership was dissolved 11-23-2021 by Ord. No. 2021-O-90, and its powers and duties were transferred to the Watertown Housing Partnership. See Ch. 37, Municipal Housing Trust.

(i) 

Preservation of Affordability.

(1) Affordable units provided under this Section shall be subject to an Affordable Housing Restriction that contains limitations on use, occupancy, resale and rents, and provides for periodic monitoring to verify compliance with and enforce said restriction. Affordability restrictions shall be contained in applicable affordable housing restrictions, regulatory agreements, deed covenants, contractual agreements, land trust arrangements and/or other mechanisms to ensure compliance with the affordability requirements of this § 5.07 (collectively, "Affordable Housing Restriction").

(2) The Affordable Housing Restriction shall run with the land and be in force in perpetuity or for the maximum period allowed by law, and be enforceable under the provisions of Chapter 184, Section 26 or Sections 31-32 of the General Laws.

(3) The Affordable Housing Restriction shall provide that initial sales and rental of affordable housing units and their subsequent re-sales and re-rentals shall comply with federal, state and local fair housing laws, regulations and policies.

(4) The Affordable Housing Restriction shall provide that in the event that any affordable rental unit is converted to a condominium unit, the condominium unit shall be restricted in perpetuity in the manner provided for by § 5.07(h)(1) above to ensure that it remains affordable to households in the same income range as prior to the condominium conversion.

(5) For a Covered Development that provides Inclusion Units:

(A) No Building Permit shall be issued until an Affordable Housing Restriction has been executed by the Petitioner and the SPGA and the Petitioner provides evidence acceptable to the Director of DCDP that the agreement has been recorded at the Middlesex County Registry of Deeds.

(B) For for-sale or homeownership unit, the DCDP shall not authorize or sign off on a Certificate of Occupancy until the Petitioner submits documentation acceptable to the Director of DCDP that an affordable housing deed rider has been signed by affordable unit homebuyer and recorded at the Middlesex County Registry of Deeds.

(6) For a Covered Development that provides affordable housing through a cash payment in lieu of affordable units:

(A) For a Covered Development having 10 units or less that provides affordable housing through a cash payment in lieu of affordable units; the following reduced percentage (%) as described in § 5.07(e)(2) shall apply: 10 units - 100%; 9 units- 90%; 8 units - 80%; 7 units - 70% and 6 units - 60%.

(B) The DCDP shall not sign off on Certificate(s) of Occupancy until the Petitioner pays 100% of the required cash in lieu payment.

(7) All legal documentation in connection with the affordable housing units shall be in the standard form provided by the City of Watertown, as approved by legal counsel to the City. If the Petitioner proposes to use documentation other than that provided by the City, any and all costs associated with review by legal counsel to the City shall be paid by the Petitioner.

(j) Submission Requirements and Procedures. Projects requiring the provision of affordable units under this Section must submit a proposal as to the method of meeting the affordable housing requirements with the application for zoning relief and a copy to the WHP. The WHP shall, in writing, provide the SPGA with their recommendations no later than 40 days from submission. The SPGA may adopt additional submission requirements and procedures not inconsistent with this Section, following a public hearing and consultation with the WHP.

(k) 

Special Regulations for Inclusion Units.

(1) Use Regulations: Developments with Inclusion Units shall comply with § 5.01, Table of Use Regulations; provided, however, that a Covered Development with not more than 10 multi-family units shall be a permitted use when at least 12.5% of the units are Inclusion Units as defined hereunder, in which case the development shall qualify for review as a Small-Scale Inclusion Development.

(2) Small-Scale Inclusion Development Submission Requirements and Procedures: No Building Permit for a Small-Scale Inclusion Development shall be issued until the SPGA has approved a site plan in accordance with § 9.03 and the provisions of this Section. The SPGA may adopt regulations for submission requirements and procedures not inconsistent with this Section, following a public hearing.

(3) Cost Offsets and Affordability Requirements: Inclusion Units provided in excess of what is required in § 5.07(d)(4) shall be exempt from the minimum lot area per dwelling unit and/or maximum floor area ratio, as set forth in § 5.04, provided that the Inclusion Units comply with the following affordability requirements:

Rental Units: For the affordable units, the maximum affordable rent shall be affordable to a household with income at or below 65% area median income (AMI), adjusted for household size.

(l) Local Initiative Program Requirements. The Petitioner shall be responsible for preparing and complying with any documentation that may be required by DHCD to qualify affordable units for listing on the Chapter 40B Subsidized Housing Inventory. The Petitioner shall also be responsible for provision annual compliance monitoring and certification to the City, or to cover the costs of the City for provision of such compliance monitoring.

(m) Severability. If any portion of this Section is declared to be invalid, the remainder shall continue to be in full force and effect.

§ 5.08 Revitalization Overlay special permit (RO).

(a) Intent and Purpose: To assist in accomplishing the purposes of this Zoning Ordinance the City Council may from time to time apply a Revitalization Overlay District to specific portions of the Zoning Map in order to guide the redevelopment of certain tracts of land in a manner that is beneficial to the City.

(b) Objectives: The establishment and application of the revitalization overlay special permit is intended to accomplish the following objectives:

(1) To permit by special permit the orderly redevelopment of a specific area regardless of the various underlying zoning districts;

(2) To provide for greater flexibility in planning and design;

(3) To provide the opportunity for mixed use developments that will allow for more efficient and sensitive use of land;

(4) To promote compatibility between adjoining areas and the proposed development site; and

(5) To promote redevelopment of specific portions of the community consistent with adopted land use plans and policies.

(c) Permitted Uses: The following uses are permitted within a revitalization overlay special permit:

(1) Any use permitted in the S-10, S-6, T, R.75 and R1.2 districts, given the site plan requirements of subsection (e)2 of this § 5.08;

(2) Retail establishments, business offices, consumer services, excluding drive-in retail and service facilities;

(3) Any use permitted by right or special permit in any of the underlying zones.

(d) Dimensional Criteria: The uses noted in subsection (c) above shall be subject to the following criteria:

(1) Maximum Floor Area Ratio: No commercial project developed by a Revitalization Overlay special permit shall exceed a Floor Area Ratio of 1.5; and no residential project developed by a Revitalization Overlay special permit shall exceed a Floor Area Ratio of 2.0.

(2) Maximum Height: No structure built or reconstructed as a result of revitalization overlay special permit shall be more than 43 feet or four stories;

(3) Building Coverage: The structure or structures of any development within a revitalization overlay district shall not exceed a total building coverage of 65%, excluding parking areas and parking garages, recreation facilities such as swimming pools and tennis courts, and internal roadways or walkways;

(4) Setbacks:

Front	No setback required
Side	15 feet
Rear	20 feet

The Board of Appeals shall require that a landscape plan for screening and buffering purposes be prepared for some or all the required set back areas.

(5) Minimum Lot Size: Ten thousand square feet.

(6) Minimum Frontage: Fifty feet.

(7) Minimum Open Space: All projects within the Revitalization Overlay District shall have at least 15% of the total site area devoted to Open Space; required Setbacks shall be considered as part of the total area required for Open Space. The required Open Space shall not be used for parking or loading purposes and shall be open and unobstructed to the sky, items such as benches, walkways, planters, landscaping, swimming pools, kiosks, gazebos, and similar structures shall not be considered as obstructions;

(8) Bonus Density: A project developed by a Revitalization Overlay special permit which complies with the requirements of Section 5.07, except that the allowance for a cash contribution in lieu of units shall not apply, may increase its Floor Area Ratio to a maximum of 2.0.

(e) Minimum Site Plan Requirements.

(1) Commercial Developments: Developments that are exclusively commercial in character may be permitted by special permit given the conditions of the above subsection (d) of this § 5.08.

(2) Residential Projects: No developments that are exclusively residential in character shall be allowed except as provided below. Residential uses shall only be allowed as part of a mixed use project and shall be subject to the following conditions:

(A) Entrances and exits for residential uses shall be separate and distinct from commercial entrances and exits.

(B) The Board of Appeals may grant a special permit for entirely residential structures in the instance where the proposed mixed used development would create both wholly but separate residential and commercial structures on one lot given the following conditions; structures used wholly for residential purposes shall be at least 50 feet from structures (within the same lot) used for wholly commercial purposes and the open space between the residential and commercial structures shall be consistent with the open space requirements of this section; and that the total FAR for all structures on the lot does not exceed 1.5, except as allowed by § 5.08(d)(8) above; and further, that all other dimensional requirements are met in accordance with the standards of this section.

(3) All Projects:

(A) The exterior building line of the fourth story shall be setback a minimum of 25 feet from any street line.

(B) For any building that contains a fourth story, the front exterior building line shall be a minimum distance of 12 feet from the front lot line.

(f) Parking Requirements: The parking requirements for development within the Revitalization Overlay District shall conform to the parking requirements for each individual use set forth in § 6.01 of this Zoning Ordinance.

(g) Signs: A plan for signs shall be submitted to the Planning Board and the Board of Appeals for approval. The Board of Appeals shall grant approval of the plan for signs only after it is satisfied with said plan for signs will not derogate the quality of a residential environment in the mixed use projects. For guidance, the Board of Appeals shall use § 7.05 of this Zoning Ordinance for signs in mixed use projects. For developments that are exclusively commercial, § 7.06 of this Zoning Ordinance shall apply.

(h) Procedure: Consistent with the procedural requirements provided in § 9.04 of this Zoning Ordinance, the Board of Appeals may grant a special permit for development within a Revitalization Overlay District if it finds that the conditions for approval for special permits set forth in § 9.05(b) of this Zoning Ordinance have been met.

§ 5.09 Watertown Square Design Overlay District.

(a) Intent and Purpose: To assist in accomplishing the purposes of the Zoning Ordinance, the City Council hereby applies a Design Overlay District to specific portions of the Zoning Map in order to regulate building signage and facade alterations within certain districts of the City in a manner that is beneficial to the community.

(b) Objectives: The establishment and application of the Design Overlay District is intended to accomplish the following objectives:

(1) To encourage reinvestment in and stimulate increased economic activity in the Watertown Square Area.

(2) To improve the appearance of the Watertown Square area over time and to create a more competitive shopping environment.

(3) To maintain and enhance the scale and quality of Watertown Square's architectural environment including the Square's existing older buildings and any proposed new construction.

(c) Permitted Uses: The following uses are permitted within the Design Overlay District: Any Uses permitted in the Central Business (CB) district.

(d) Dimensional Criteria: The Uses above shall be subject to the following criteria: All dimensional criteria applying to the Central Business District.

(e) Minimum Site Plan Requirements: Site Plan Requirements shall be the same as those required in the Central Business district.

(f) Parking Requirements: Parking requirements for the Design Overlay District shall be the same as those required in the Central Business District.

(g) Regulated Building Facade Alterations.

(1) Regulated facades shall include all buildings within the Watertown Square Design District (see map of area).

(2) A regulated alteration or facade improvement shall be defined as any change in the visual appearance of the facade including any change in signage, lighting, door or window style, unless the change consists of an exact replication in terms of size, color, location, and detail of the replaced element.

(3) All regulated facades shall be subject to the design review process of § 7.02 of the Zoning Ordinance.

(4) In reviewing all proposed facade alterations within the Watertown Square Design Overlay District, the Planning Board Staff's recommendations shall be based on the Watertown Square Design Handbook and such guidelines as the Planning Board may adopt.

(h) Signs.

(1) Any and all signage changes shall be subject to the design review process of § 7.02 of the Zoning Ordinance.

(2) In reviewing all proposed signage changes within the Design Overlay District, the Planning Staff's recommendations shall be based on the Watertown Square Design Handbook and such guidelines as the Planning Board may adopt.

(3) All signage within the Design Overlay District shall conform to the provisions of § 7.02 except as otherwise specified in the Watertown Square Design Handbook.

§ 5.10 Limited Redevelopment District (RD).

(a) Intent and Purpose: To encourage the redevelopment of land for retail purposes in order to promote the revitalization of land and to conserve its value.

(b) Permitted Uses: The RD - Limited Redevelopment District shall be considered as overlaying other districts and is intended to permit more extensive uses than are permitted in the underlying zoning districts or in any applicable overlay district as follows: Retail establishments with more than 5,000 square feet of Building Area are permitted as of right.

Any use permitted by right or special permit in any of the underlying zoning districts in accordance with the provisions of § 5.01 through 5.04 or in any overlay district applicable to the property located in the RD -Limited Redevelopment District, as permitted in such district shall not be affected by virtue of the provisions of this § 5.11(b).

(c) Dimensional Criteria: The uses noted in subsection (b) above shall be subject to the dimensional requirements applicable in the underlying zoning districts.

(d) Parking Requirements: The parking requirements for development within the RD - Limited Redevelopment District shall conform to the parking requirements for each individual use set forth in § 6.01 of this Zoning Ordinance.

(e) Signs: For retail establishments permitted under § 5.11(b)(i), the following signs shall be permitted: one wall sign for each business located in the building and in the case of a business which has more than a single department, one sign for each department provided such department occupies no less than 550 square feet of the building and provided the aggregate of all such wall signs on the building shall not exceed 500 square feet. For other uses, the provisions governing signs in the underlying zoning district shall be applicable.

§ 5.11 Assisted Living Overlay District (ALOD).

(a) Intent and Purpose:

•	To encourage Assisted Living options in Watertown and guide the redevelopment of land for residential purposes and to promote its revitalization and value to the community;
•	To encourage the adaptive reuse of Historically Significant buildings and/or former municipal buildings; and.
•	To facilitate projects that involve public/private partnerships.

(b) Permitted Uses: Any use permitted in the underlying zone and Assisted Living as defined in § 2.05, subject to special permit provisions under § 9.04, 9.05, and 9.09.

(c) Dimensional Criteria:

Min. Lot Size: 10,000 sf	Max. Building Coverage: 35%
Min. Frontage: 80 ft	Max. Height: 3 stories or the height allowed in the underlying district, whichever is greater, provided however that more than 3 stories may be allowed within existing structure.
Front Setback: 25 ft	Min. Lot/unit: 1,200 sf
Side Setback: 20 ft	Max. FAR: 1.0
Rear Setback: 20 ft	Min. Open Space: 20%

(d) Parking Requirement: For Assisted Living, one space per every 4 units plus one per employee on largest shift. All other uses must follow the provisions of § 6 of this Zoning Ordinance.

(e) Signage: The provisions of § 7.05 of this Zoning Ordinance shall apply.

(f) Affordable Housing Requirements: Any project developed under this Section shall meet the affordable housing requirements pursuant to the provisions of § 5.07 of this Zoning Ordinance.

§ 5.12 Arsenal Overlay Development District (AODD).

(a) Name: Arsenal Overlay Development District (AODD).

(b) Intent and Purpose: To create a zoning overlay district to assist, promote, and guide the orderly conversion and redevelopment of former US Army Materials Technology Laboratory (AMTL) property in a manner which is beneficial to Watertown.

(c) Objectives: The establishment of the AODD overlay district is intended to accomplish the following objectives:

(1) To permit the expeditious and efficient redevelopment of the AMTL property which will enhance the community's quality of life and economic well-being;

(2) To provide for compatibility of land uses within the AMTL property and with respect to abutting properties;

(3) To promote the preservation of the historic resources and character of the property, including the rehabilitation of existing structures to the maximum extent practicable;

(4) To allow for a density which is appropriate for economic revitalization while not burdening the surrounding neighborhoods;

(5) To allow for greater flexibility and discretion in planning and design by the City of Watertown, in accordance with the "Arsenal on the Charles Signage Guidelines", prepared by Sasaki Associates, Inc., dated September 2000, as may be amended; and

(6) To facilitate the expansion of retail, restaurant, cultural, and other community amenity uses of the redeveloped AMTL property to better serve AODD occupants, the nearby neighborhoods, and other visitors.

(d) Permitted Uses: The following land uses are permitted within the AODD:

Principal Uses:

(1) Commercial:

Bank

Business Offices

Restaurant, with or without liquor

Health & Fitness Club

Medical and Dental Offices

Retail and Consumer Services provided that the total gross floor area used for such uses (including accessory Retail and Consumer Services serving AODD occupants) shall not exceed 10% of the total gross floor area within the AODD.

(2) Industrial:

Research and Development

Light Manufacturing

Assembly

(3) Institutional, Community, Cultural:

Museum

Library

Theater

Day Care

Aquarium

Any principal uses permitted or permitted by Special Permit under Article V in an Industrial or Business district which are not specifically prohibited but which are not listed as a permitted use in (d) may be allowed by Special Permit by the Planning Board.
Accessory Uses:
	(1)	Parking, for AODD occupants and visitors.
	(2)	Retail and Consumer Services such as Bank, ATM, Salon, Newsstand, Coffee Shop (limited to 10% of floor area of any building to serve AODD occupants).
	(3)	Warehousing to service AODD occupants.
	(4)	Hotel.
Prohibited Uses: The following uses are specifically prohibited within the AODD:
Residential (except for Hotel as permitted above)
Heavy Industrial
Wholesale or Warehouse except as specifically permitted above
Auto Sales or Repair

(e) Dimensional Criteria:

(1) Maximum Building Footprint: For any contributing historic structure, the exterior footprint shall not be expanded beyond the existing area as of the date of this Ordinance (June 8, 2015).

For any new construction, the Planning Board shall determine maximum allowable floor area based upon criteria determined by on-site and off-site constraints such as parking, traffic, open space, circulation, and the provisions of the Historic Preservation Memorandum of Agreement, as amended (MOA).

(2) Maximum Height: No AMTL structure to be rehabilitated or renovated shall be raised in height, except for accessory equipment. In all instances, roof accessory equipment shall have inconsequential or minimal visual and auditory impact on the surrounding neighborhood.

For any new construction, no structure shall exceed the following:

West of School Street - Five feet in elevation above the nearest adjacent existing building within the AODD as of June 2015. The top facade facing Arsenal Street shall not be higher in elevation than the top of the northwest corner of Building 311, with the portions of the building taller than the northwest corner of Building 311 being set back a minimum of 10 additional feet from the new building's front facade facing Arsenal Street.

East of School Street - Two stories, not to exceed 24 feet in elevation, above the plane created by the roofs of the adjacent existing building within the AODD, as of June 2015, excluding the existing parking garage.

Necessary features that promote sustainable practices may extend up to 15 feet above the roofs of buildings in excess of the height limits noted above provided the portions exceeding the height limits are not used for parking or other permitted uses in this Section.

The heights of all new structures shall be consistent with the provisions of the MOA.

(3) Building Coverage: Any new structures shall not result in a total building coverage of more than 50%, excluding parking areas and garages when added to the total square feet of all buildings on the site.

(4) Setbacks: For any new structures, the following lot line setbacks shall apply, except as specified below*:

Front: 25 feet

Side: 25 feet

Rear: 25 feet

* For the North Beacon Street frontage west of Charles River Road, no new construction may extend closer to the street nor higher in elevation than the line established by a 45 degree plane beginning at the northerly side line of North Beacon Street and extending northward into the AODD. In no circumstances shall the setback be less than 25 feet (see ** below) nor the height greater than allowed by § 5.12(e)(2). East of Charles River Road, no building shall be permitted within 50 feet of North Beacon Street.

** By AODD Campus Special Permit with Conceptual Site Plan Review, the Front Setback may be reduced along Arsenal Street to the front setback of Building 311 to maintain consistent building lines, provided that any new construction less than 25 feet from Arsenal Street authorized by such a special permit must include first floor commercial, community, or cultural uses along at least 80% of the Arsenal Street facade.

*** Any new construction south or west of Building 39 must be screened by a 25 foot wide buffer along North Beacon Street, landscaped with shrubs and trees, which area may also include a pedestrian/bicycle path(s), an informational kiosk(s), scattered seating, and similar amenities.

(5) Minimum Lot Size: 10,000 square feet.

(6) Minimum Open Space: 15% of the lot.

(f) Parking Requirements:

AUTOMOBILE

(1) Off-street vehicle parking shall be provided as required by Article 6 of the Watertown Zoning Ordinance. For the purposes of § 6.01(g), the AODD shall be treated as a single lot, without regard to internal lot lines or divisions of ownership.

(2) By Special Permit, the Planning Board may reduce the otherwise required number of off- street accessory parking spaces, based on the availability of public transportation alternatives at or near the AODD, the transportation demand management programs implemented or to be implemented within the AODD, the ability of uses with peak user demands at different times to share parking spaces or other factors for which the applicant provides a parking study or analysis prepared under the direction of a Professional Engineer with the requisite experience in conducting such analysis, using standards and methodologies promulgated by the Institute of Transportation Engineers, the Urban Land Institute, or other appropriate source.

BICYCLE

Required off-street bicycle parking shall be provided as follows:

(1) One bicycle parking space for every 20 automobile parking spaces;

(2) Each bicycle parking space shall be sufficient to accommodate a bicycle 7 feet in length and 2 feet in width. Inverted U frame racks that support the bicycle at two or more points above and on either side of the bicycle's center of gravity are required. An alternative style of rack or bicycle securing system that, in the opinion of the Planning Board, provides comparable levels of security and convenience, may be provided. Racks must be secured to the ground.

(3) Where more than 10 bicycle spaces are required, half shall be provided as long term (employee) parking, secure and protected from the elements. The other half shall be provided as short term (customer or visitor) parking, visible and convenient to building entrance.

(4) Accommodation of bicycle lockers and showers, which further encourage bicycle transportation, shall be negotiated during the developer marketing and selection phases in order to meet the provisions of the Transportation Demand Management (TDM) Plan as stipulated in the Environmental Impact Report (EIR) to be issued for the redevelopment of the site. A centralized bicycle facility which includes all of the above provisions is highly desirable.

(g) Siting and Design Guidelines:

Pursuant to the requirements of the MOA, the character defining features of the structures located on the AMTL property must be preserved. The MOA listed the character defining features as follows:

•	Building and Structure Exteriors
•	Fenestration
•	Scale
•	Color
•	Use of Material
•	Mass
•	Views to, from, across the Olmsted-designed landscape

All rehabilitation of existing structures and any new construction must be sensitive to these features and consistent with the Secretary of the Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings.

(h) Permitting Requirements and Procedures: All projects within the AODD are subject to the provisions of this Ordinance.

(i) AODD Campus Special Permit with Conceptual Site Plan Review: The continued revitalization and redevelopment of the former AMTL property will involve new uses and buildings, additional structured parking, enhanced landscaping, and other significant changes. These will occur over time, likely in phases. An applicant may wish to seek conceptual level approval of a campus-wide project, with detailed Site Plan Reviews of individual buildings under Section 9.03 of this Zoning Ordinance to occur later, before each new building is constructed. Such an initial, project-level review would provide an opportunity to consider and address the cumulative effects of the individual phases and for the holistic consideration of a campus-wide project. The AODD Campus Special Permit with Conceptual Site Plan Review (AODD Campus Special Permit) process provides the opportunity and a mechanism for review of a campus-wide project that will be built in phases.

(1) Application: An applicant proposing to construct one or more new buildings (which may include structured parking and may include alterations to one or more existing buildings) may seek approval of the overall project through an AODD Campus Special Permit, for which the Planning Board will be the Special Permit Granting Authority. An application for AODD Campus Special Permit shall include, at a minimum, for each proposed new building, structural alteration of an existing building, or principal use outside of a building:

(A) The proposed location, approximate footprint, height, and gross floor area;

(B) Building elevations showing principal building entrances, overall building massing, rooflines, and general fenestration patterns and will require multiple three- dimensional elevations;

(C) Identification of all principal and accessory uses, other than parking, exceeding 10% of the proposed additional gross floor area;

(D) Vehicle and bicycle parking areas or facilities to be provided; and

(E) Proposed design guidelines establishing a palette of building materials, architectural elements, and landscaping elements to be finalized for each individual building during later, detailed Site Plan Reviews.

(2) Prior to a public hearing, the applicant shall hold a minimum of two informal meetings with abutting residents and neighborhood groups to review the Campus Plan materials.

(3) Review of Application: The Planning Board shall hold a public hearing in accordance with procedures outlined in § 9.04. The Planning Board shall not approve an AODD Campus Special Permit unless it finds that the four conditions for special permit approval set forth in § 9.05(b) of this Zoning Ordinance have been met. The applicant's submission of and the review of the conceptual site plan component of an AODD Campus Special Permit shall follow the procedures set forth in § 9.03. The Planning Board shall not approve such a conceptual site plan unless it finds that the applicant has satisfactorily addressed, at a conceptual level, the 10 criteria listed in § 9.03 (c).

(4) Parking Reduction: In granting an AODD Campus Special Permit, the Planning Board may reduce the number of required accessory parking spaces, as provided for in subsection (f)(2) above. In addition, the Planning Board may allow the applicant to temporarily further reduce the amount of accessory parking provided with the AODD during a phase(s) of an approved campus-wide project if existing parking spaces will be eliminated during a phase of implementation, to be replaced in that or a later phase of implementation, for example if a structured parking facility is to be built on the location of an existing surface parking lot. In determining whether to grant such a temporary further reduction of the amount of accessory parking, the Planning Board shall take into consideration the factors set forth in subsection (f)(2) above and the applicant's proposals, if any, to provide substitute off-site parking or other interim measures to reduce the demand for parking within the AODD.

(5) Final Site Plan Review: Prior to the issuance of a Building Permit for any building approved under an AODD Campus Special Permit, the applicant shall obtain Site Plan Review of the final design details of the proposed building and any related landscaping or other improvements following the procedures set forth in § 9.03 of this Zoning Ordinance.

(6) Amendments to Conceptual Site Plan: Changes to an approved AODD Campus Special Permit conceptual site plan that are minor, as determined by the Planning Board, may be approved as part of the final Site Plan Review for the associated building(s). Changes that the Planning Board determines are major shall require an amendment to the AODD Campus Special Permit, following the procedures set forth in § 9.05 of this Zoning Ordinance. In determining whether changes are major or minor, the Planning Board shall treat as minor any changes that do not alter by more than 10% a building's footprint, height, floor area ratio, or setbacks, provided that the resulting building still complies with applicable dimensional requirements, changes to building materials, architectural elements, and landscaping elements that are consistent with the approved AODD Campus Special Permit and conceptual site plan, rearrangement of the proposed principal and accessory uses, and changes to the alignment of internal streets or pedestrian corridors, and shall treat as major any changes that increase a building's footprint, height, or floor area ratio by more than 25%, that eliminate a proposed internal street or pedestrian corridor, or that eliminate or add a principal use occupying more than 25% of the proposed gross floor area.

(7) Exercise of AODD Campus Special Permit: Substantial use of a AODD Campus Special Permit will be deemed to have occurred for purposes of § 9.13 of the Zoning Ordinance and § 9 of the Massachusetts Zoning Act, M.G.L. c. 40A, if, within one year from the date of the filing of the Planning Board's AODD Campus Special Permit decision with the City Clerk, construction of an approved building or commencement of an approved principal use outside of a building has begun.

§ 5.13 Wireless telecommunications facilities.

(a) No person shall construct a wireless telecommunications facility without a special permit issued by the Board of Appeals under § 9.05. In addition, any facility must:

(1) Be located within these zones (CB, LB, I-1, I-2, I-3, and CR). Wireless telecommunications facilities shall not be located within the NB (Neighborhood Business) zone.

(2) Not be located on a structure containing any residences, not within 50 feet of a residential zone or any structure containing a residential use.

(3) In the case of an antenna mounted on a building or structure, not extend more than 15 feet above the height of such structure or building.

(4) In the case of a tower, not exceed the height allowed in the zoning district.

(5) Be fully concealed or camouflaged, i.e. disguised, shielded, hidden, or made to appear as an architectural component of an existing or proposed structure.

(b) Removal of Abandoned Facilities: Any wireless telecommunications facility that is not operated or that is not in compliance with this ordinance for a continuous period of ninety days shall be considered to be abandoned, and the Building Inspector may, by written notice order that such facility be removed within 30 days. At the time of removal, the facility and all associated debris shall be removed from the premises.

§ 5.14 Religious/School Building Overlay District (R/SOD).

(a) Intent and Purpose: To assist in accomplishing the purposes of this Zoning Ordinance the City Council may from time to time apply a Religious/School Buildings Overlay District to specific portions of the Zoning Map in order to guide and encourage the reuse and redevelopment of both religious and school buildings as defined in accordance with M.G.L. c. 40A, § 3, throughout the community and further protecting the historic building structures and preserving architectural features and character along with its associated tracts of land in a manner that is beneficial to the City.

(b) Permitted Uses: The following uses are permitted within a religious/school building overlay district.

(1) Any use permitted in the R.75, R1.2 and NB districts.

(2) Educational or licensed day care use defined by M.G.L. c. 40A, § 3, business offices;

(3) Any use permitted by right or special permit in any of the underlying zones.

(c) Uses Allowed by Special Permit: Other residential and mixed uses shall be allowed by Special Permit subject to the following criteria:

(1) The project shall promote the orderly redevelopment of specific religious and/or school building and their associated tracts of land area regardless of the various underlying zoning districts;

(2) The project shall provide for greater flexibility in planning and design;

(3) To project shall provide opportunity for residential and mixed use - limited business developments that will allow for more efficient and sensitive use of land;

(4) The project shall be compatible between adjoining areas and the proposed development site; and

(5) The project shall allow for redevelopment of existing church and school structures within the community consistent with adopted land use plans and policies;

(6) To the maximum extent possible, the project shall preserve significant and desirable architectural and/or historical buildings and their architectural and/or historical features, and shall incorporate appropriate architectural and/or historical features into any renovations of or additions to those buildings and features;

(7) Any public property in the OSC district sold to a private owner or owners shall be deemed to be in the CR District in accordance with § 5.03 (3), Zoning Ordinance.

(d) Dimensional Criteria: The uses noted in subsection (c) above shall be subject to the following criteria: Existing Buildings: Alterations shall be subject to § 4.06(a); Special Permit Finding. Additions and New structures where projects proposing 10 residential units or less, R.75 dimensional criteria shall apply; for projects proposing over 10 units, R1.2 dimensional criteria shall apply; for a residential and mixed use-limited business development, including educational and licensed day care use, NB dimensional criteria shall apply.

(e) Parking Requirements: The parking requirements for development within the Religious/school buildings overlay district shall conform to the parking requirements for each individual use set forth in § 6.01 of this Zoning Ordinance.

(f) Affordable Housing: All residential projects, including mixed use projects shall adhere to the provisions of § 5.07, Affordable Housing Requirements.

(g) Signs: A plan for signage shall be submitted to the Planning staff for review and submitted to the Zoning Board of Appeals for approval only after it is determined that said plan for signage will not derogate the quality of a residential environment in the mixed use projects. For guidance, the Board of Appeals shall use § 7.05 of this Zoning Ordinance for signs in mixed use projects. For developments that are exclusively commercial, § 7.06 of this Zoning Ordinance shall apply.

(h) Bonus Density for Existing Structures: A project developed by a R/SOD special permit and notwithstanding any provisions of § 5.04, Table of Dimensional Regulations, more than the maximum number of floors/stories permitted in the Dimensional Criteria Zone applicable to the project may be allowed by the Zoning Board of Appeals within the existing building.

(i) Procedure: Consistent with the procedural requirements provided in § 9.04 of this Zoning Ordinance, the Board of Appeals may grant a special permit for development within a Religious/School Building Overlay District if it finds that the conditions for approval for special permits set forth in § 9.05(b) of this Zoning Ordinance have been met.

§ 5.15 Municipal reuse and development.

(a) Intent and Purpose: The purpose of this section is to promote and encourage the orderly reuse and redevelopment of land and structures already owned and used for municipal purposes by the City of Watertown for one or more other municipal uses, consistent with the evolving needs of the City, by establishing regulations which will allow for greater flexibility in planning and design consistent with both fiscal responsibility and sound planning and site design principles, and which will maximize compatibility with the neighborhood in which the land is located.

(b) Applicability: The provisions of this Section shall apply in all zoning districts to the proposed reuse and redevelopment of municipally-owned land and structures and to the change from one municipal use to another municipal use.

(c) Applicable Regulations: Notwithstanding any provisions of this Ordinance to the contrary, the reuse and redevelopment of municipally-owned and used land and structures for other municipal uses shall be permitted by right in all zoning districts of the City of Watertown, subject only to the following procedures and requirements.

(d) The Planning Board may in certain circumstances vary dimensional criteria, including parking where warranted due to the proximity and use of structures on abutting properties and may also require greater landscape screening and buffering to be installed within some or all of the required set back areas.

(1) Dimensional Criteria:

(a) Existing Buildings: Alterations shall be subject to paragraph (h).

For New Construction including Additions:

(b) Maximum Floor Area Ratio: No municipal reuse and redevelopment project shall exceed a Floor Area Ratio of 1.5;

(c) Maximum Height: No new structure built or reconstructed as a part of a municipal reuse and redevelopment project shall be more than 48 feet or four stories in height, whichever is less;

(d) Lot Coverage: Lot coverage in a municipal reuse and redevelopment project shall not exceed a total of 65%, excluding parking areas and parking garages, recreation facilities such as parks and tennis courts, and internal roadways or walkways;

(e) Setbacks:

Front: 15 feet Minimum

Side: 25 feet Minimum

Rear: 50 feet Minimum

(f) Minimum Lot Size: None.

(g) Minimum Frontage: Fifty feet.

(h) Minimum Open Space: All municipal reuse and redevelopment projects shall have at least 15% of the total site area devoted to Open Space; required setbacks shall be considered as part of the total area required for Open Space. The required Open Space shall not be used for parking, loading or roadway purposes and shall be open and unobstructed to the sky; items such as benches, walkways, planters, landscaping, swimming pools, kiosks, gazebos, and similar structures shall not be considered as obstructions.

(2) Parking Requirements: Parking for Municipal Reuse and Redevelopment Projects shall conform to the parking requirements for each individual use set forth in § 6.01 of this Zoning Ordinance.

(3) Signs: A plan for signage shall be submitted to the DCDP staff and Planning Board for approval. The Planning Board, with the recommendation of the DCDP staff shall grant approval of the plan for signs only after it is satisfied that said signage will not derogate from the quality of surrounding residential environment. For guidance, the Planning Board shall use § 7.04 of this Zoning Ordinance and may, if found necessary permit additional signage above that which is allowed in § 7.04.

(4) Accessory Structure(s): Accessory structure(s) shall be permitted and subject to review by the Planning Board.

(5) Procedures: Consistent with the procedural requirements provided in § 9.03(a) and (b) of this Zoning Ordinance, the Planning Board together with the Administrative Site Plan Review Committee shall hold a public hearing to determine and discuss questions and impacts, potential problems with the development or redevelopment within a Municipal Reuse and Development District. The Planning Board shall prepare a written report on the proposal considering, among other things, the ten criteria listed in § 9.03 (c) and if it finds that the conditions for approval set forth in § 9.05(b) of this Zoning Ordinance have been met.

§ 5.16 Pleasant Street Corridor District (PSCD).

(a) Intent and Purpose:

The Pleasant Street Corridor District (PSCD) has been enacted to encourage the best use of the Pleasant Street Corridor physically, economically, environmentally, and socially while promoting the best interests of the residents of the City.

The PSCD is intended to fulfill the goals and objectives contained in the Pleasant Street Corridor Concept Plan and Implementation Strategy (herein defined as "the Corridor Plan"). The PSCD zoning is designed to achieve these goals through sound planning and site design principles.

The major objectives of the Corridor Plan are the following:

1.	Define the character of the corridor.
2.	Facilitate a mix of uses including residential, office, research and development, hotel, retail, etc.
3.	Improve quality of life.
4.	Develop at an appropriate scale and size.
5	Increase real estate investment and maximize development to enhance the City tax base.
6.	Promote accessibility to and within the district by improving existing and creating new roadways, mass transit, pedestrian walkways, bicycle paths.
7.	Calm Pleasant Street traffic and manage traffic impacts.
8.	Improve access to the Charles River.
9.	Encourage Smart Growth and Low Impact Development (LID) to develop in an environmentally sustainable manner, manage storm water, and protect the riparian habitat.

(b) District Delineation: The Pleasant Street Corridor District (PSCD) replaces the westernmost Industrial-3 (I-3) in its entirety (Waltham border to Myrtle Street). The provisions of this Section shall apply only to the boundaries of the Pleasant Street Corridor District. Within this District, there will be sub-categories of PSCD-1, PSCD-2, which will allow residential mixed use, and PSCD-3, which will allow commercial mixed use.

1.	PSCD-1: Any area within the Pleasant Street Corridor District that is not classified as PSCD-2 or PSCD-3 shall be classified as PSCD-1.
2.	PSCD-2 requires projects with a residential component to also include a minimum of 15% of the gross floor area to be commercial.
3.	PSCD-3 allows a mix of retail, commercial, and light industrial uses, and does not allow for residential uses.

(c) Authority and Procedures: The Planning Board shall be the Special Permit Granting Authority (SPGA) for all Special Permits including Site Plan Review in accordance with § 9.03 within the PSCD. The Planning Board shall hold a public hearing in accordance with procedures outlined in § 9.04. The Planning Board shall not approve any such Special Permit unless it finds that the four conditions for approval set forth in § 9.05(b) of this Zoning Ordinance have been met. For applications requiring Site Plan Review, the Planning Board shall also consider, among other things, the ten criteria listed in § 9.03(c).

(d) Dimensional Criteria:

(1) For baseline criteria, refer to § 5.04 Table of Dimensional Requirements.

(2) Adjustments to baseline dimensional criteria may be granted for certain development incentive credits as noted in § 5.16(h). The maximum allowable adjustments are outlined herein.

(3) Alterations, additions, and extensions to nonconforming structures shall be subject to § 4.06. Existing buildings are eligible to receive development incentive credits when creating modifications to the Floor Area Ratio(FAR), maximum building coverage, height, and parking requirements as outlined in § 5.16(h).

(4) Maximum Floor Area Ratio:

(A) Mixed-Use Development, where a minimum of 15% of the gross floor area is used for retail/commercial or service use: FAR more than 1.0 and up to 2.0 may be allowed by Special Permit for achieving development incentive credits in accordance within § 5.16(h).

(B) All other development: FAR 1.0. A maximum FAR of 1.5 may be allowed by Special Permit for achieving development incentive credits in accordance with § 5.16(h).

(5) Minimum Lot Area per Dwelling Unit: 1000 square feet per dwelling unit.

(6) Heights:

(A) Minimum height: 24 feet.

(B) Maximum height: 33 feet by Site Plan Review only for Mixed-Use Development or 55 feet/5 stories by Special Permit except where noted in § 5.16.6(F).

(C) Flat-Roof Development: Projects with a height greater than three stories, which shall be maximum of 33 feet, shall step-back any subsequent stories (fourth and above) a minimum of 10 feet from the required build-to-line and Charles River facades such that the sight lines from the adjoining public way or Charles River pathway will be visually lessened.

(D) Pitched Roof Development: Within 32 feet of the street-facing property line, pitched roof development shall have a pitched main roof(s) with the roof/wall connection at 26 feet in height, with a maximum ratio of 1:1 (45 degrees). Dormers may be allowed so long as they comply with adopted Design Standards and Guidelines.

(E) Heights in Buffer Areas: Buildings abutting the river, wetlands, a T(Two-Family), or S-6 zoning district shall incorporate setbacks, step backs and/or reduced heights to mitigate potential negative impacts upon these districts and environmentally sensitive areas, as required within § 5.16.d(10). A sectional drawing indicating the relationship between the development proposal and the adjoining context is required.

(F) Provisions for Increased Height: The maximum allowable height may be increased up to 66 feet/6 stories with a 15 foot stepback from the buildings front facade by Special Permit for achieving development incentive credits in accordance with § 5.16(h).

(7) Building Coverage:

(A) Maximum total building coverage: 50% with a maximum of 60% allowed by Special Permit in accordance with § 5.16(h).

(B) Maximum footprint (per floor) for a single tenant for retail or restaurant use.

•	12,000 square feet
•	Up to 40,000 square feet with Special Permit
•	No limitations on square feet for non-retail commercial uses

(8) Maximum Impervious Surface: 80%.

(9) Minimum Open Space: All new development shall have at least 20% of the total site area devoted to Open Space and 25% of the required open space must be publicly accessible; required setbacks shall be considered as part of the total area for Open Space. The required Open Space shall not be used for parking, loading, or roadway purposes and shall be open and unobstructed to the sky; items such as benches, walkways, planters, landscaping, swimming pools, kiosks, gazebos, and similar structures shall not be considered as obstructions. Opportunities should be sought that bring together the open space requirements of adjoining properties in order to foster a more coherent and continuous landscape network.

(10) Setbacks:

(A) Build-to-Line Setback.

•	Build-to-line setback shall be 10 feet from street facing property lines for commercial uses as described in § 5.16 (b). Setbacks may be increased as specified below for purposes of amenities such as a plaza, square, courtyard, recessed entrance, or outdoor dining, but not intended for automobile use. A minimum setback of 15 feet shall apply to sites with residential only uses and/or all portions of buildings not located over commercial space. In the case of multiple buildings on one lot, at least one building shall comply with the required build-to-line, but in no instance shall buildings span less than a minimum of 25% of the lot frontage at the determined build-to-line.
•	For components of a project in-keeping with Design Standards and Guidelines, an increased build-to-line setback, up to 30 feet along Pleasant Street and 50 feet along other streets within the corridor, may be required by the SPGA or requested by an applicant if it is found that strict adherence to the 10 foot build-to-line is inconsistent with adopted Design Standards and Guidelines, the Corridor Plan and development pattern, as determined by the SPGA.
•	The build-to-line may allow for averaging of a building's setback from the property line to accommodate changes in building facade and irregular property boundaries, but no area of a building shall encroach by more than 10% of the required setback.
•	Exception - first floor open-air porches, arcades, covered stoops, and/or porticos (no screening, doors, or windows allowed) extending no more than 50% into the setback within the build-to-line setback by Special Permit.

(B) Side Yard Setback.

•	Buildings may be contiguous on a block: zero lot line and/or shared party wall.
•	Where a party wall is not possible, setback from property line shall be a minimum of 18 feet. Corner lots may be developed with two front yards with yards determined by the Zoning Enforcement Officer.

(C) Maximum contiguous building wall:

•	Walls shall be no more than 250 feet,
•	In instances where a facade is over 100' feet, techniques to provide variation in the facade shall be employed, using design guidelines as adopted by the City.
•	Consideration for views to the Charles River should be considered by placing shorter facades facing the street and longer facades perpendicular to the river.

(D) Rear Yard Setback.

•	18 feet minimum for all sites.

(E) Waterfront setback (including wetlands):

•	No structures shall be permitted within the 50 feet setback from top of bank or to first road.

(F) Setback adjacent to the S-6 or T Zoning Districts:

•	Within 40 feet of the S-6 or T Zoning Districts, flat roof development shall be no taller than 35 feet to the roofline.
•	Within 40 feet of the S-6 or T Zoning Districts, pitched roof development shall have a pitched main roof(s) with the roof/wall connection at 26' in height, with a maximum ratio of 1:1 (45 degrees), and dormers may be allowed so long as they comply with adopted Design Standards and Guidelines.
•	On lots narrower than 100 feet in depth, the basement or first floor of a building may be extended into the rear yard by 8 feet for the purposes of structured parking so long as the remaining 10-foot setback is preserved as a vegetated landscape buffer with a mix of plantings and decorative fencing that provides year round screening.

(11) Minimum Lot Area:

•	10,000 square feet.

(12) Minimum Frontage:

•	No minimum requirement.

(e) Parking Requirements:

(1) The provision of off-street parking shall comply with the requirements of Article VI.

(2) In addition to the requirements pertaining to the quantity of parking spaces, parking areas shall comply with the following standards to the maximum extent possible:

•	Improve, soften, and visually shield the appearance of parking areas.
•	Shade and cool parking areas.
•	Reduce the amount and rate of stormwater runoff.
•	Reduce pollution and temperature of stormwater runoff.
•	Increase the amount of pervious surfaces

(A) Location of Parking: Any surface parking lot shall, to the maximum extent feasible, be located at the rear or side of a building, relative to any principal street, public open space, or pedestrian way.

(B) Visual Impact: In addition to locating parking areas to the rear or side of buildings (or when it is not feasible), the visual impact of parking areas from sidewalks, streets, the river, and from adjacent residential zones shall be reduced to the greatest extent possible by screening with living vegetation, ornamental fencing, or a combination of landscaping and fencing.

(3) Provisions for Parking Requirement Reductions: Reductions of the required number of parking spaces may be granted by Special Permit in accordance with § 6.01(f), Shared Parking, and § 5.16(h)(3), Alternative Transportation Incentives, of which the total reduction shall not exceed 25% of the required amount.

(f) Design Guidelines:

(1) Purpose: Design Standards and Guidelines are intended to promote beneficial urban design principles and physical building characteristics within the Pleasant Street Corridor District. The guidelines are intended to aid in the review of proposals, but are not intended to discourage innovative architectural design solutions.

(2) Guidelines: In general, proposals should seek to satisfy the following and shall also consider other adopted Design Standards and Guidelines:

(A) Be complementary to and provide for a harmonious transition in scale and character between adjacent sites.

(B) Provide for high-density quality development consistent with the character of building types, streetscapes, and other community features traditionally found in densely settled areas of the City or in the region.

(C) Maintain streetscape continuity with a strong building presence along the primary street edge.

(D) The size and detailing of buildings shall be pedestrian oriented and incorporate features to add visual interest while reducing appearance of bulk or mass. Blank walls should be avoided.

(E) A distinct "sidewalk" presence with incorporation of elements such as planters, traditional awnings, signage projecting from building facade (blade signage), etc., to enhance the pedestrian scale and interest of the street.

(F) Avoid prototypical, standardized brand identity-related architecture and signage for businesses with multiple locations (i.e.: retail "chain" stores and restaurants.)

(g) Environmental Sustainability Guidelines:

(1) Purpose: The following Environmental Sustainability Guidelines are intended to promote environmentally responsible site design and green building principles within the PSCD in order to better manage stormwater, conserve natural resources, and reduce the impact of development on the natural environment. To provide additional guidance the City may enact a separate LID and Stormwater Ordinance.

(2) Guidelines: In general, proposals should seek to satisfy the following:

(A) To the maximum extent possible, retain stormwater runoff on-site.

(B) Diminish the heat island effect.

(C) Employ energy conscious design with regard to orientation, building materials, shading, landscaping, window glazing, and other elements.

(D) To the maximum extent possible, retain existing healthy, viable trees and plant additional trees.

(E) Incorporate Green roofs (vegetated roof covers).

(F) Use permeable paving materials.

(G) Use bioretention systems (such as rain gardens) instead of traditional structural conveyance systems.

(H) Comply with current Leadership in Energy and Environmental Design (LEED) criteria, as promulgated by the U.S. Green Building Council.

(I) Utilize energy-efficient technology and renewable energy resources.

(J) Incorporate best practices in stormwater management and LID techniques.

(h) Development Incentive Credits: Subject to approval by Special Permit, developments may receive adjustments to the dimensional criteria and/or parking requirements for achieving one or more of the following:

(1) Enhancing Public Open Space:

(A) Publicly Usable Open Space: Developments may receive increases to the maximum allowable building coverage, FAR, and/or height in accordance with § 5.16(d) if a minimum of 50% of the required open space is designated as "publicly usable open space" and open to the public from dawn to dusk. The purpose of this provision is to provide incentives for the setting aside of lands that are accessible and usable and designed for the enjoyment of the Public. Larger adjustments may be allowed where Publicly Usable Open Space is contiguous with other areas of Publicly Usable Open Space to link sites, encourage walking, and/or provide access to the Charles River. Opportunities should be sought that bring together the open space requirements of adjoining properties in order to foster a more coherent and continuous landscape network.

(B) Charles River Bike Path Connections: A development that provides a significant contribution to improve, extend, and/or provide both visual and physical connections to the Charles River bike path as determined by DCDP Staff may receive increases to the maximum allowable building coverage, FAR, and/or height in accordance with § 5.16(d).

(2) Structured/Underground Parking: Developments that provide the required parking spaces underground or within a structure may receive increases to the maximum allowable building coverage, FAR, and/or height in accordance with § 5.16(d).

(3) Alternative Transportation Incentives: Developments that encourage the use of alternative modes of transportation shall be eligible to receive a reduction of the required amount of automobile parking spaces. This credit may be achieved by demonstrating a reduced demand for automobile parking by the encouragement of cycling, walking, car sharing, and use of public transit. Possible methods to reduce parking demand are the provision of showers for bicycle commuting employees, sheltered bicycle parking, providing connections to public transit, on-site car sharing services, participation in a Transportation Management Association or shuttle/transit service, providing for infrastructure like bus stops on site, etc. The reduced parking requirement shall correspond to the reduced automobile parking demand, but in no case shall the reduction exceed 25%.

(4) Conformance with Guidelines: Development that achieve significant conformance with the Design Guidelines and Environmental Sustainability Guidelines may receive increases to the maximum allowable building coverage, FAR, and/or height in accordance with § 5.16(d). In determining such increases, the SPGA may seek input, for advisory purposes, from the Conservation Commission, Environment and Energy Efficiency Committee, Department of Public Works, and other City Departments, Boards, and Commissions.

(5) Development of Opportunity Sites: Development of desirable uses at key opportunity sites as outlined in the Corridor Plan may receive increases to the maximum allowable building coverage, FAR, and/or height in accordance with § 5.16(d).

§ 5.17 Design guidelines.

Intent and Purpose. Design Guidelines have been adopted to address the design of new buildings along the major corridors and Watertown and Coolidge Squares. They are intended to enhance building, parking and the public realm interface, focusing on the following four principles.

(1) ECONOMIC VITALITY: Watertown's Design Guidelines were created to enhance the economic vitality of selected commercial areas through attractive, consistent design. By following these Guidelines, each project will complement another, resulting in a cohesive development over time. The Guidelines were developed specifically to provide direction for the design of new infill development in commercial areas. The goal is not to limit creativity, but rather to recognize potential for architectural diversity while adhering to the overarching principles contained herein. They intend to define expectations for new development while allowing for flexibility and fostering high quality design.

(2) HISTORIC PRESERVATION: Urban regeneration means more than simply building a new; historic preservation is an effective economic development strategy. The reuse and regeneration of existing buildings should be encouraged in addition to new development as they provide a direct connection to Watertown's past. Existing buildings that have retained cultural or architectural significance can form the basis for economic development and growth.

(3) DESIGN AESTHETIC: The Design Guidelines cannot depict every possible building configuration on each site. Rather, a prototypical building footprint is shown in a manner that accommodates many conditions that emerge on a project site. The massing is general enough that it can contain a range of uses, but specific enough to highlight the critical areas of concern. Even when closely following these guidelines, each project will take its own form that will differ from the example shown. A singular design aesthetic in Watertown is neither viable nor desirable.

(4) ENVIRONMENTAL PERFORMANCE: New development comes with the obligation to implement sustainable design and construction practices that incorporate technological innovation and green building practices and ecological site design. Development will strive to address the highest sustainable and ecological principles, using advanced green technologies and materials, and promoting high-performance buildings. Stormwater management practices must prevent flooding and erosion, and protect the health of the Charles River and local streams and ponds, using green infrastructure approaches where feasible. New buildings should be constructed with local, low-embodied energy materials and constructed with the highest standards for environmental sustainability.

§ 5.18 Regional Mixed Use District (RMUD).

Watertown's Design Guidelines were created "to enhance the economic vitality of selected commercial areas through attractive, consistent design." The commercial corridors and squares of Main Street, Pleasant Street, Galen Street, North Beacon Street, Mt. Auburn Street and Arsenal Street are being positively impacted by the Design Guidelines and Standards as they are clarifying expectations about what development should look like and raising the quality of construction.

As the City's primary commercial corridor, the eastern portion of Arsenal Street has some of the largest retailers in the region. With sufficient private and public infrastructure this area warrants greater density in light of the size of the geography and its catalytic and transformative potential for the region. The scale of development in this area merits greater height, massing and signage requirements for new construction commensurate with its role as a regional attraction and destination.

(a) Intent and Purpose: The Regional Mixed Use District [RMUD] has been enacted to assist, promote, and guide the orderly conversion and redevelopment of the Arsenal Street Corridor. The establishment of the RMUD is intended to accomplish the following objectives:

(1) Facilitate transformative development consistent with Watertown's goal to promote mixed use development that includes a mix of larger and smaller scale retail, office, hospitality, multi-family residential and research and development uses, and that serves regional demand.

(2) Allow development at a density, scale and character appropriate to define a corridor that is a major gateway for the City; Additional height may be appropriate in such Gateway Locations where consistent with Watertown's economic development goals, and the adopted Design Guidelines, as they may appropriately apply to development in the RMUD; Additional density and/or reduced parking space requirements may be appropriate in the District where consistent with the goal of reducing traffic congestion and improving multi-user transit services and in compliance with any Transportation Demand Management policy adopted by the City.

(3) Enhance the quality of life, including promoting the development of a high quality public realm,

which is aesthetically pleasing and consistent with Watertown's Design Guidelines

that provides a well-articulated pedestrian environment which implements Complete Street concepts and adopted Complete Streets Policies

that promotes porous frontages which create connections to surrounding neighborhoods and the Charles River

which includes public art.

(4) Enhance publicly available open space networks by connecting to and integrating with adjacent state, municipal and privately-owned parcels, where appropriate, encouraging private land owners to permanently preserve open space, being sensitive to the Charles River reservation, and furthering private remediation and public access to Sawins Brook and Pond and Williams Pond.

(5) Respect historic assets and architectural features that help define the character of the community and encourage preservation and restoration of historic buildings.

(6) Incentivize real estate investment that will enhance the diversity and maximize the value of the City's tax base.

(7) Use "green" building practices that encourage energy efficiency, manage stormwater, protect the riparian habitat, and are planned, designed, constructed, and managed to minimize adverse environmental impacts.

(8) Encourage development that accommodates and promotes multi-modal access, transit between the Arsenal Corridor and mass transit stops, management of transportation demand to reduce automobile use, and mitigates deterioration of the level of affected intersection service for all transportation modes.

(9) Facilitate the development of a continuum of housing options that:

Supports residences within walking or cycling distance to employment and leisure uses,

Promotes and maintains a diverse housing stock and opportunities for lower- and middle- income households, and

Enhances a transition between Arsenal Street and the abutting residential neighborhoods, while discouraging residential development as a first floor use with direct frontage on Arsenal Street.

(b) District Delineation. The boundaries of the Regional Mixed Use District [RMUD] shall be as defined on the Zoning Map of Watertown, Massachusetts, as amended. The provisions of this section shall apply only to the Regional Mixed Use District.

(c) Dimensional Criteria.

(1) Alterations, additions and extensions of nonconforming structures shall be subject to § 4.06.

(2) No use in the RMUD shall exceed an FAR of 1.0 without receiving a Special Permit or Master Plan Special Permit pursuant to § 9.03-9.05 and 9.09-9.13 and in keeping with the intent and purpose of the RMUD Ordinance pursuant to § 5.18.a, and in no instance shall the increased intensity of use allowed by Special Permit exceed an FAR of 2.0.

(3) Minimum Lot Area per Dwelling Unit: N/A.

(4) Minimum Lot Frontage: 50 feet, subject to § 5.05(f).

(5) Height of Building:

(A) Minimum height of building: For office buildings and mixed-use developments in the RMUD greater than or equal to 10,000 gross square feet or containing 10 or more residential units, the minimum building height is 24 feet.

(B) Maximum height of building: 55 feet, or 79 feet by Master Plan Special Permit, or 130 feet by Master Plan Special Permit within a defined mixed-use project, using adopted Design Guidelines provided the project includes a diversity of building heights and furthers the intent and purpose (§ 5.18.a) of the RMUD.

(C) In granting a Master Plan Special Permit, and in granting a Special Permit, for a project which includes a building listed on the National or Massachusetts State Register of Historic Places, the SPGA shall determine that the height and roof ridge line of such historic structure shall not be increased.

(6) Maximum Total Building Coverage: Seventy-five percent.

(7) Minimum Open Space: All new developments shall have at least 20 percent (20%) of the total site area devoted to Open Space; required setbacks shall be considered as part of the total area for Open Space. The required Open Space shall not be used for parking, loading, or roadway purposes. Fifty percent of the required Open Space shall be publicly accessible.

There shall be a 100-foot wide open space area parallel to Greenough Boulevard. Except as set forth in this § 5.18.c.7, no structure shall be built within this 100-foot area. Through a Master Plan Special Permit, buildings which existed within this 100-foot area as of September 25, 2015, may be expanded within this 100-foot area but in no instance may an addition encroach closer to Greenough Boulevard than the existing structure.

(8) Setbacks:

(A) Front: Build-to-line of 10 to 30 feet as specified in § 5.04 and 5.05(s); per § 5.05(p), the front build-to-line may be reduced to be consistent with surrounding existing buildings by Special Permit.

(B) Side: 15 feet; per § 5.05(d), side yards may be omitted by Special Permit provided that the side yard does not adjoin a Residential District or a Residential Use in existence on September 25, 2015, and that access to the rear is appropriate.

(C) Rear: 20 feet; per § 5.05(p), rear yards may be reduced to be consistent with surrounding existing buildings by Special Permit.

(D) Special setbacks and stepbacks: Any structure within 50 feet of Open Space/Conservancy (OSC) zoned land, and the facade of any structure which fronts on a public way, shall be required to incorporate appropriate setbacks, stepbacks, and/or other techniques, in keeping with adopted Design Guidelines, to mitigate potential adverse impacts on environmentally sensitive areas and public ways, as determined by the SPGA.

(9) Minimum Lot Size: 10,000 square feet; Existing lots per § 5.05(w).

(d) Parking Requirements:

(1) Off-street parking shall comply with the requirements of Article VI of the Watertown Zoning Ordinance.

(2) Separation of Parking Costs: Any parking spaces offered to residents of the residential component of a new development should, to the greatest extent practicable, be offered as a fee-based option distinct from charges established for renting, leasing, or purchasing primary-use space within the development. These fees should reflect a reasonable representation of the market value of the parking space(s).

(3) Smart Parking Technology: For projects with structured parking of over 100 spaces, it is required that said structured parking install and employ smart parking technology (e.g. equipment to count the number of vehicles entering and exiting the parking area, availability of spaces, etc.).

(e) Signs and Illumination: Signage shall comply with the requirements of Article VII of the Watertown Zoning Ordinance.

(f) Design Guidelines: Per § 9.03(d), developments in the RMUD with four or more residential units or 10,000 square feet of new development or greater are subject to review according to the City of Watertown's adopted Design Guidelines.

(g) Affordable Housing: An application for a Master Plan Special Permit shall provide at least 15% of the total dwelling units as affordable housing and otherwise be consistent with the requirements of § 5.07.

(h) Authority and Procedure:

Any project requiring relief per § 5.01 of the Ordinance shall be subject to § 9.03 and § 9.05 of the Watertown Zoning Ordinance, or a Petitioner/Project may seek, as an alternative approval process, a Master Plan Special Permit under § 5.18(g), if a project encompasses a minimum of two acres.

Master Plan Special Permit with Site Plan Review: The revitalization and redevelopment of property in the RMUD may involve new uses and buildings, additional structured parking, enhanced landscaping, and other significant changes. The projects may occur over time, and in phases.

In order to ensure that nearby and City-wide traffic, infrastructure, density, connectivity and visual impacts, etc., from such projects are identified and coherently planned to include appropriate mitigation, the Petitioner may seek conceptual Master Plan level approval of a large scale project. This approval shall be followed by detailed Final Site Plan Review Approvals of individual projects or buildings under § 9.03 that are to occur later, before issuance of any Building Permits.

A Master Plan-level review provides the Petitioner with the benefit of advance conceptual approval for multiple projects to be implemented over time. It also provides both the Petitioner and the City with the opportunity and mechanism to consider and address the cumulative impacts of all individual phases and for the holistic consideration and mitigation planning for the entire larger-scale project(s) that may be built in phases.

(1) Procedure: Notwithstanding anything to the contrary within the Watertown Zoning Ordinance or more specifically within Article IX, in the RMUD, the Planning Board shall be the Special Permit Granting Authority (SPGA) for all Master Plan Special Permits and Amendments in accordance with § 9.03.

(2) Application: A Petitioner proposing to construct one or more buildings (which may include structured parking and may include alterations to one or more existing buildings) may seek approval of the overall project through a Master Plan Special Permit. An application for a Master Plan Special Permit shall include, at a minimum, for each proposed new building, structural alteration of an existing building, or principal use outside of a building:

(A) The proposed location, approximate footprint, height, and gross floor area.

(B) Building elevations showing principal building entrances, overall building massing, rooflines, and general fenestration patterns and will require multiple three-dimensional elevations; Applications for one or more buildings greater than 79' in height shall include design details for such building(s) sufficient to enable a decision whether height above 79' is appropriate given the massing of the proposed building(s) and the location in relation to other buildings, streets and open spaces, including public open spaces adjacent to the site.

(C) Cross section drawings indicating the relationship of the building or buildings to nearby buildings, buildings on adjoining properties, streets open spaces, and parklands. Both aerial and pedestrian level 3D views shall be included to fully depict the visual impact of the design from both public ways and from several key view points within the project development area.

(D) Identification of all principal and accessory uses, other than parking and any alterations or demolition of existing structures, with care given toward protecting historic resources that help define and contribute to the character of the Arsenal Street Corridor.

(E) Vehicle and bicycle parking areas or facilities to be provided.

(F) Proposed design criteria establishing a palette of building materials, architectural elements, and landscaping elements to be finalized for each individual building during later, detailed Site Plan Reviews.

(G) Shadow Analysis depicting internal and external impacts of morning, mid-day and evening shadows at both solstices and equinoxes.

(H) Traffic Impact Assessment (TIAS) of traffic generation and on-site/off-site impacts including a Transportation Demand Management Plan with a reporting mechanism to the City;

(I) Verification that adequate sewer capacity is available or that the project will suitably increase capacity as required; and

(J) Complete, conceptual level stormwater management plan demonstrating the development's approach to on-site Stormwater Management and adequacy of connections to regional mains.

(K) Open Space Plan, including location, size, characteristics (pervious vs impervious), uses and public accessibility of all open space areas. Conceptual wayfinding signage for paths, access to parks, and transit, at a minimum, with detailed plans to be submitted within a signage packet as part of a Building Permit.

(L) List of required Federal, Massachusetts, or Watertown environmental licenses, permits, filings, or restrictions, currently in effect or anticipated.

(3) Review of Application:

The SPGA shall hold a public hearing in accordance with procedures outlined in § 9.04. The SPGA shall not approve a Master Plan Special Permit unless it finds that the four conditions for Special Permit approval set forth in § 9.05(b) of this Zoning Ordinance have been met and that the proposed development will be in-keeping with the intent and purpose of the RMUD as set forth in § 5.18(a).

The Petitioner's submission of and the review of the conceptual level plan component of a Master Plan Special Permit shall include two public information meetings and shall otherwise follow the procedures set forth in § 9.03. The SPGA shall not approve such a Master Plan Special Permit unless it finds that the Petitioner has satisfactorily addressed, at a conceptual level, the ten criteria listed in § 9.03(c).

(4) Parking Reduction:

In granting a Master Plan Special Permit, the SPGA may reduce the number of required parking spaces, based on the availability of public transportation alternatives at or near the RMUD master-planned project, the transportation demand management programs implemented or to be implemented as part of the RMUD Master Plan, compatibility with any transportation policy adopted by the City, the ability of uses with peak user demands at different times to share parking spaces or other factors for which the Petitioner provides (i) a parking study or analysis prepared under the direction of a Professional Engineer or Architect with the requisite experience in conducting such analysis, using standards and methodologies promulgated by the Institute of Transportation Engineers, the Urban Land Institute, or other appropriate source, and (or including) (ii) a transportation demand management plan prepared to best practices standards for such plans in Massachusetts.

In addition, the SPGA may allow the Petitioner to temporarily further reduce the amount of parking provided as part of a master-planned project during a phase(s) of an approved large-scale mixed-use project if existing parking spaces will be eliminated during a phase of implementation, to be replaced in that or a later phase of implementation, for example if a structured parking facility is to be built on the location of an existing surface parking lot. In determining whether to grant such a temporary further reduction of the amount of parking, the SPGA shall take into consideration the factors set forth above in this subsection and the applicant's proposals, if any, to provide substitute off-site parking or other interim measures to reduce the demand for parking within the master-planned project.

(5) Final Site Plan Review: Prior to the issuance of a Building Permit for any building approved under a Master Plan Special Permit, the Petitioner shall obtain Final Site Plan Review of the final design details of the proposed building(s) and any related landscaping or other improvements following the procedures set forth in § 9.03 of this Zoning Ordinance.

(6) Amendments to an approved Master Plan Special Permit: Changes to an approved Master Plan Special Permit site plan that are Minor, as determined by the SPGA or Director of the Department of Community Development and Planning (Director), may be approved as part of the Final Site Plan Review for the associated building(s).

(7) Lapse of a Master Plan Special Permit: A Master Plan Special Permit will be required to include a phasing plan for implementing the Master Plan Special Permit.

(A) The Permit shall be deemed to have been exercised for purposes of § 9.13 of the Zoning Ordinance and Section 9 of the Massachusetts Zoning Act, M.G.L. c. 40A, if, within one year from the date of the grant of the SPGA's Master Plan Special Permit, the Petitioner has applied for Final Site Plan Approval of a building or outdoor use, and if within two years of such date, construction of an approved building or commencement of an approved principal use outside of a building has begun, in either case except for good cause. A Master Plan Special Permit will expire ten years from the grant of approval if construction of all phases have not commenced, as described above, except for good cause. A petitioner may request extensions of the phasing plan and/or implementation through a request to the SPGA prior to permit expiration, and if the SPGA does not grant a request for extension, a petitioner will be required to submit for an amendment or new permit. The time periods referenced above shall not include such time required to pursue or await the determination of any appeal under M.G.L. c. 40A, § 17.

(i) Circulation:

(1) Special attention shall be given to infrastructure and design that will create direct public bicycle and pedestrian path connections with adjacent public bicycle or pedestrian paths, and that minimizes barriers separating such paths.

(2) When appropriate, a conceptual wayfinding signage proposal for paths, access to parks, and transit, at a minimum, with detailed plans shall be submitted within a signage package as part of a Building Permit.