In the Overlay District, no land shall be used and no Building or Structure shall be reconstructed, erected, altered or used for any other purpose than of one or more of the following Uses described below.
A. As-of-right project. The following Uses shall be permitted as-of-right in Subdistrict 1 and Subdistrict 2 upon issuance of a Development Project Plan Approval pursuant to the provisions of this Article 19. An As-Of-Right Project shall include a Townhouse Residential Use and/or a Multifamily Residential Use; and may or may not include one or more of the following allowable nonresidential uses:
(5) Retail sales establishments, of no more than 15,000 square feet of Gross Floor Area;
(6) Restaurants, cafes, or other establishments serving food and/or beverages, establishments of no more than 15,000 square feet of Gross Floor Area;
(7) Brewery, Distillery, and/or Winery, of no more than 15,000 square feet of Gross Floor Area;
(8) Personal service establishments;
(9) Public Buildings or Uses and public service corporations;
(10) Veterinary hospital or kennel;
(11) Professional Offices, including, but not limited to, banks (including ATMs), real estate offices, insurance offices, physician offices, clinics, dentists, attorneys, architects, engineers or accountants;
(12) Business Offices, including, but not limited to, banks (including ATMs, whether attached or detached) and financial institutions;
(13) Uses exempt by statute (MGL c. 40A, §
3);
(14) Artist's studios, galleries or museums;
(15) Solar Energy Systems, in accordance with Article 8, Part
12;
(16) Parking accessory to any of the above permitted Uses, including surface, garage, under, and structured parking (e.g., parking garages) and surface parking accessory to any permitted Uses in the Overlay District;
(17) Driveways, sidewalks, parking lots, stormwater facilities, utilities, equipment and infrastructure, signage and similar ancillary improvements supporting any permitted Uses in the Overlay District; and
(18) Any Accessory Use customarily incident to any of the above permitted Uses, provided that such Accessory Use shall not be injurious, noxious, or offensive to the neighborhood.
B. Uses by special permit. Applications for special permits for Article 19 and all other necessary special permits shall be submitted and reviewed concurrently with the Development Project Plan. The following Uses may be allowed in the Overlay District by granting of a special permit pursuant to Article 8, Part
3, and §
195-10.7 of the Zoning Bylaw, so long as each proposed development project contains at least one permitted residential Use (townhouse(s) and/or multifamily residential homes), and one or more of the following:
(1) Retail sales establishments, of more than 15,000 square feet of Gross Floor Area; or grocery stores of more than 25,000 square feet of Gross Floor Area;
(2) Restaurants, cafes, or other establishments serving food and/or beverages, establishments of more than 15,000 square feet of Gross Floor Area;
(3) Brewery, Distillery, and/or Winery, of more than 15,000 square feet of Gross Floor Area;
(4) Assisted living units and facilities, independent elderly housing, congregate housing, nursing and convalescent homes; continuing care retirement center;
(5) Hotel, Boutique Inn, including customary accessory uses associated with hotel use such as spa, restaurant, conference room, banquet facilities;
(6) Halls, clubs, theaters, or other places of indoor amusement or assembly, including but not limited to arenas, theaters, indoor ice skating facility, and indoor recreation, fitness, and health care facility. Adult uses shall be expressly prohibited, including but not limited to: Adult Bookstore, Adult Cabaret, Adult Motion-Picture Theater, Adult Paraphernalia Store, Adult Use, Adult Video Store;
(7) Retail Plaza not to exceed 150,000 square feet of Gross Floor Area, where any single user cannot exceed 65 square feet of gross floor area;
(8) Technical office for research and development, including laboratory and research facilities;
(9) Private school for profit;
(10) Incubator or business park;
(14) Halls, clubs, theaters, or other places of indoor amusement or assembly, including but not limited to arenas, theaters, indoor ice skating facility, and indoor recreation, fitness, and health care facility, establishments of greater than 20,000 square feet of Gross Floor Area;
(15) Accessory Uses and Accessory Buildings customarily incidental to the Uses above.