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ZONING ORDINANCE Watertown Planning Board Watertown, Massachusetts Amended July 8, 2008 1 TABLE OF CONTENTS ARTICLE I - PURPOSE AND INTERPRETATION 6 ZO00rfoance 6 1.nterpretation 6 ARTICLE II - DEFINITIONS 7 2.00finitions 8 y r8 o s s e c c A 1 0 . 2 2.02riculture 8 2St3uelts 8 2Th4ealtter 8 2.05Livndg 8 2.06sement 8 2.07ffer 9 2.08ild-to-Line 9 2.09ilding 9 2.10idiag 9 2.11ioingrage 9 2.12ilrnt 9 2.13ilrnci,pal 9 2.14siccesssa,ly 9 2.15rtner 9 2.16nversion 10 2.17iveway 10 2.18elling 10 2.19Uelt gn 10 2.2rect 11 2.21 Exempt Religious or Educatsenal 11 2.22 Existing 1 1 1 y 1 l i m a F 3 2 . 2 2CDrmyily 11 2st5sltishment 11 2.26nce 11 2B2osed 11 Flo2dpoaiar011, (2Ari)or 12 2B30intng 12 2.3rontage 12 2.3asSSiaiteno 12 2A3rosrs 12 B2ioifght 12 2.35ccepation 12 3e 1c i f f O e m o H 6 3 . 2 3l 1e t o M , l e t o H 7 3 . 2 2.m8pervioesrage 13 2.ndHuetv,y 13 2.ndLugtt, 13 2.nteresttd 13 2.42ndscaped 14 2 2.4cDrsed 14 2.44dger 14 2.45 Lodging House, Licensed 14 2.46t 14 Ar.o7t 14 Fr.ottage 14 Frnet,9t 14 Sine5,0t 14 Lireeteeott RLaer,2t 15 W2L5ht 15 D.ovctlopment 15 2U5xelpment 15 2.56 Motor Vehicle BodyEWstorlishment 15 2.57 Motor Vehicle RepairEstablishment 15 2.58n-ConfoBr1iring 2.59n-ConfoUrsing 15 2.6ccupied 16 2.6pece 16 2.62 Open Space, Pub Ucealyble 16 2.6p(rabticrle) 16 2.6iUsipal 16 2.6ofession 16 2.66searohratory 16 2.67 Drive-In Restaurant, Drive-In RefreshmentStand, Drive-Through Eating Establishment 6 l 1 i a t e R 8 6 . 2 2.69tWiallg 16 2.70reening 16 2.71lf-Sroicciity 17 2.72tback 17 2.7gn 17 o2frgn, 17 2G7rowrtth 17 2.76erialit 17 S2o7yfy, 17 2.7reet 18 2.7ructure 18 2.80e 18 2.81riance 18 2.8holesale 18 2.8ieelssommunica Fticiity 18 2.r4rdt, 18 2.i5ed, 18 2.86rr, 18 ARTICLE III - ESTABLISHMENT OF ZONING DISTRIC 9T 1 3.00 Division of the Town into Districts 3.0aDsiiocftons 19 D.itrctsfries 20 3 ARTICLE IV - GENERAL USE AND DIMENSIONAL REGULATIO 21S 4.00 Applicability of UseRegulations21 4.01rUitesd 21 4.02 Uses Subject toROethelrations 21 4.03cessesy 21 4.0ohUibesde 22 4.05 Continuance of Non-ConfoU rsing 22 4.06 Alteration of a Non-ConformingUses and Buildings/Structures 23 4.07 Reconstructioof a Non-Conforming Building after Catastrophe 23 4.08 Applicability of Dimesigaullations 24 4.09 Exceptions to LoRtSgulations 24 4.10 Exceptions to Reeguhltations 24 4.11etttoniements 24 4.12 Required Corner Clearance for Visibility 25 4.1anRsionirements 25 4.14reening 25 ARTICLE V - TABLES OF DISTRICT REGULAT6 IONS2 5.nterpretation 26 5.01 Table of Use Regua l tions 27 5.02 Table of AccessorRyeguelations 33 5.03 Notes to Table of Use Regulations 36 5.04 Table of DimensionalRegulations 38 5.05 Notes to Table of DimenRiegullations 39 5.0ooDpiltict 41 5.0fordoulengirements 43 5.08 Revitalization Overlay Peeia)lit48 5.09 Watertown Square Design Overlay District 50 5.10 Limited Redevelopm(ReDn)t srtict 5.11Ovtilrict 51 5.12 Arsenal Overlay DeveloDp(sercttD)52 5.1ieelssommunica Fticiiti55 5.14 Religious/School Building OvRsriOtD) 55 5.15 Municipal Reuse and De velopment 57 5.16 Pleasant Street CorridorD(strctD) 58 ARTICLE VI - AUTOMOTIVE AND BC I YCLE PARKING REQUIREMENTS 64 Re6qIfemntents 64 6.01 Required Off-Street Parkines 64 6.02 Location and Design of Off-Srretces 67 6.03 Requiredff-Street LoSadines 69 6.04 Design and Layout of Off-Soedeiities 69 6.05 Outdoor Automobile Storage,New or Used Vehicles 70 6.0aSelvaienso 70 6.0cyrcing 71 ARTICLE VII - SIGNS AND ILLUMINATIO3 N 7 P7.pesnt 73 7.erinition 73 4 7.02Ploncidure 74 Distrlts0gns 75 7.04 Signs in S-10, S-6, SC, CR , T and OSC Districts 7.05 Signs in R.75 and R1.2 Districts and Rsidential uses in the I-3 Districts 7.06 Signs in NB, LB and CB Districts IndDsttnlsts 78 7.08rIltedination 79 7.09n-Conformance 79 7.10 Watertown Square Design Overlay District ARTICLE VIII - OTHER REGULATIONS 0 8 R.Smgllftlion 80 8.0verhanrgrgesns 80 8.02 Sale of ProductsWoayoiglitcs80 s0 8 l a S d r a Y 3 0 . 8 ARTICLE IX - ENFORCEMENT AND APPLICATION PROCEDUR 81S 9.00forcemieatt;ions 81 9.0Pidimgit 82 9.0ccupPercyit 82 9.03 Site Plan Review of Certain Resiential and Non-Residential Developments 9.04 Application and Hearni g Procedures for SpecialPermits and Variances 9.05eriptrivasl 85 9.06 Special Permit Criteria for I-1 and I-2 Districts 9.07 Special Permit Criteria for I-3 District 9.08 Special Permit Criteria fo- District -- Lot Size 9.09 Limited Approval of Peerialit 88 9.10 Withdrawal of LimitedSpPerialit 88 9.11 Special Permit for TemSoturcytures 88 9.12 Special Permit ApprPCeitoi88 SPe.rapt e 89 9.14riances 89 9.15 Conditions for Variavalof 89 Var.16cee 90 9.17 Special Permits and Variances: Effective Dates 9.18 Special Permits and Variances: Withdrawal Without PrejRdeco;nsideration 90 App9.flght 90 9.20eZoriigntce 90 9.2ealidmsents 91 9.22 Notice of Public Hearings for Amendments ARTICLE X - ADMINISTRATIVE PROVISIONS 3 9 ApPp00vri3ns 3 y 9 t i d i l a V 1 0 . 0 1 1E.f2caeeiv 93 Appendix I Legislative Chronology 5 9 5 ARTICLE I PURPOSE AND INTERPRETATION ________________________________________________________________________ ______ 1.00 Purpose of Zoning Ordinance 1.01 Interpretation ________________________________________________________________________ ______ SECTION 1.00 PURPOSE OF ZONING ORDINANCE The purpose of this Zoning Ordinance isdeclared to be the promotion ofthe public health, safety, convenience and welfare by (a) encouraging the most appr opriate use of land; (b) preventing overcrowding of land; (c) conserving the value of land and buildings, including the conserving of natural resources and the preventing of blight andpolluting of the environment; (d) lessening congestion of traffic including, but not limited to, providing adequate operating area for bicycles and secure bicycle parking; (e) preventing undue concenr tation of population; (f) providing for adequate light and air; (g) reducing hazards from fire and other dangers; (h) assisting in the economical provisions of transportation, water, sewerage, schools, parks and other public facilities; (i) encouraging housing for personsof all income levels; (j) preserving and increasing ht e amenities of the Town; and (k) giving effect to policies of the Watert own Master/Comprehensive Plan or other adopted land use plans that currently appl y and may from time to time be amended, and to applicable policies of the Commonwealth of Massachusettsh tat currently apply and may from time to time be amended. SECTION 1.01 INTERPRETATION In their interpretation and applicationthe provisions of this Zoning Ordinance shall be held to be the minimum requirements adopted for the por motion of its purposes. 6 ARTICLE II DEFINITIONS 2.00 Definitions 2.42 Landscaped 2.01 Accessory 2.43 LicenseDdCyare 2.02 Agriculture 2.44 Lodger 2.03 AduSlttores 2.45 Lodging House, Licensed 2.04 AduTltheater 2.46 Lot 2.05 AssistLdiving 2.47 Lotrea 2.06 Basement 2.48 LFotrontage 2.07 Buffer Zone 2.49 Lot Line, Front 2,08 Build-to-Line 2.50 Lot Line, Side 2.09 Building 2.51 LLoitne, Street or Street Line 2.10 Building Area 2.52 Lot Line, Rear 2.11 Buildigoverage 2.53 Lotidth 2.12 Building Front Yard 2. 4 Low Impact Development 2.13 Buildig,rincipal 2. 55 Mixed Use Development 2.14 Business Accessory Use, Usual 2.56 Mo tor Vehicle Body Work Establishment 2.15 CorneLot 2.57 MotoVr ehicle Repair Establishment 2.16 Conversion 2.58 Non-Conforming Building or Lot 2.17 Driveway 2.59 Non-Conforming Use 2.18 Dwelling 2.60 Occupied 2.19 Dwelling Unit 2.61 Open Space 2.20 Erect 2.62 Open Space, Publicly Useable 2.21 Exempt Religious or EducationalUse 2.63 Operable (Motor Vehicle) Use2.22 Existing 2.64 Principal 2.23 Family 2.65 Profession 2.24 Family Day Care 2.66 Research Facility 2.25 Fast Food Establishment 2.67 Drive-In Restaurant,Drive-In Refresh. 2.26 Fence Stand,riv e Through Eating Establ. 2.27 FloBdase 2.68 Retail 2.28 Floodway, 100 Yard Floodplain 2.69 Retaining Wall 2.29 Floor Area Ratio (FAR) 2.70 Screening 2.30 Front Building Line 2.71 Self-Service Storage Facility 2.31 Frontage 2.72 Setback 2.32 Gasoline Service Station 2.73 Sign 2.33 Gross Floor Area 2.74 Sign, Area Of 2.34 Height of Building 2.75 Smart Growth 2.35 Hom Oeccupation 2.76 SpeciPalermit 2.36 Home Office 2.77 Story, Half Story 2.37 HoteMl,otel 2.78 Street 2.38 ImperviouCsoverage 2.79 Structure 2.39 Industry,eavy 2.80 Use Va2rancIndustryi, ght 2.81 2.41 Interestdarty 2.82 Wholesale 2.83iellssommunica Ficiity 2.84rdt, 2.85ed, 2.86rr, 7 SECTION 2.00 DEFINITIONS For the purposes of this Zoning Ordinance, words used in the singularl de the plural and words used in the plural include the singular. Words usedin the present tense include the future. The word “shall” is mandatory and not merely directory. The word “bilding” includes “structure”. The word“lot” includes the word “plot”. The word “land” includes the words “marsh”, “wetland” and “water”. The following words and phrases (whether capitalized or not) shall have the meanings given in the following clauses, unless a contrary intention clearly appears. SECTION 2.01 ACCESSORY (a) Accessory building/structure: a building or srtucture devoted exclusively to a use accessory to the principal use of the lot. (b) Accessory use: a use incident to, and on the same lot as, a principal use, including telecommunication and communication facilities us ed exclusively for the private residence or business and not as an independentcommercial enterprise. SECTION 2.02 AGRICULTURE On more than five acres of land, iculture includes all branches of fing as defined in M.G.L.c.128, Section 1A. On less than five acres of land, agriculture excludes the raising of livestock,including horses, the keeping of horses as a commercial enterprise, the keeping and raising of poultry, swine, cattle and other domesticated animals used for food purposes,bees, or fur-bearing animals. SECTION 2.03 ADULT STORES An establishment that has a substantial or significantportion of its stock in trade, books, magazines and other matter or paraphernalia which are distinguished or charac terized by their emphasis depicting, describing, or relating to sexual conduct or sexual exctiement, as defined inM.G.L.Ch.272, S.31. SECTION 2.04 ADULT THEATER An enclosed building used for preseni g material or live entertainmentdistinguished by an emphasis on matter depicting, describing, or relating to sexual condsexual excitement as defi ed in M.G.L.Ch.272, S.31. SECTION 2.05 ASSISTED LIVING A housing setting for elders who need assistance with activties of daily living such as bathing, dressing, grooming, eating, and transfei g, and may include instrumental activitiesof daily living such as housekeeping, shopping, transportation. Each resident may have t heir own room or rooms which may include bathroom, bedroom, living room and kitchen-dining areas. SECTION 2.06 BASEMENT A portion of a building partly underground but having oe than one-half of its clear height below the average grade of the adjoining ground. SECTION 2.07 BUFFER ZONE 8 Areas of land maintained in a landscaped fashion or in a natural state t hat are open, unpaved and unbuilt upon; for the purposes of this Z oning Ordinance, crushed stone shall not be considered as an appropriate buffer zone treatment. SECTION 2.08 BUILD-TO-LINE The line with which the exterior of a building must coincide. SECTION 2.09 BUILDING A combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property. For the purpose of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature. The word "building" shall be construed where the context allows as though followed by the words "or part or parts thereof." SECTION 2.10 BUILDING AREA The total area, expressed in square feet, of all floors of a building or structure measured to the exterior walls thereof. SECTION 2.11 BUILDING COVERAGE The area of a lot that is covered by the footprint of the principal build ing and accessory structures, including covered stairways, porches, covered vestibules or porticos, but not in cluding driveways, walkways, attached chimneys, bulkheads, in-ground and above-gorund swimming pools or uncovered decks. SECTION 2.12 BUILDING FRONT YARD The area of the Front Yard located between the Front Lot Line and each side of the Principal Building on the Lot. SECTION 2.13 BUILDING, PRINCIPAL Any building in which the predominant useof the lot or parcel is contained. SECTION 2.14 BUSINESS ACCESSORY USE, USUAL (a) Light manufacturing or preparai n of products customarily sold onthe premises by the producer to the consumer, limited to not more than twenty-five percent (25%) of the Gross Floor Area of the business and engaging not more than fvie (5) employees at one time. (b) Accessory outdoor storage of commodities or materials for processing or sale upon the premises, provided that any outdoor storage in a yard adj oining a lot in a residence district shall be screened as provided in Section 4.14 or as terwise required by this Zoning Ordinance. (c) The sale of gasoline and oil accessory to and within a permitted parking garage for more than ten (10) cars or accessory to a parking lot limited to the employees of the owner, or the making of minor repairs completely wiin such parking garage or within a building on such parking lot. SECTION 2.15 CORNER LOT A lot at the junction of and fronting on two or more inte rsecting streets or ways. On a corner lot the Front Yard setback requirement shall be applied to only one sof the corner lot property. The Zoning Enforcement 9 Officer shall determine which portion of the lot ihe Front Yard for purposes of determining the required Setback. SECTION 2.16 CONVERSION Any residential building containing one ormore dwelling units that is alteredby interior and/or exterior changes so as to increase the number of dwelling units in t he building to some number greater than (i) the existing number of dwelling units or (ii) the number of dwelling units the building was originally designed for. Further, any commercial building for which a residential or industr ial reuse is proposed, or any industrial building for which a residential or commercial reuse is proposed, shall be considered a conversionand shall be subject to the appropriate regulationsof this Ordinance. SECTION 2.17 DRIVEWAY An open space located on a lot, which may be paved, and built for access to a garage or off-street parking or loading space(s). SECTION 2.18 DWELLING A privately or publicly owned permanent structure, whether owned by one or more persons or in condominium, or any other legal form which is occupied in whole or part as the home residence or sleeping place of one or more persons. The te rms "single-family," "two-family," or "multi-family" dwelling shall not include hotel, lodging house, bed and br eakfasts, bed and breakfast homes, hospital, membership club, mobile home, or dormitory. Where the following terms appear in this ordinance they shall have the following meanings: DWELLING, SINGLE-FAMILY : A detached residential building des igned or intended or used as the home or residence of one family. DWELLING, TWO-FAMILY: A detached residential building designed or intended or used exclusively as the home or residence of two families. For purposes of this ordinance, a two-family dwelling includes (1) a building containing two dwelling units joined side by side, sharing a common wall for at least fifty (50%) percent of its height and depth, excluding space used for accessory uses; i.e., in which no part of one dwelling unit is over any part of the other dwelliunit, or (2) a house containing two dwelling units, in which all or part of one dwelling unit is over all or part of the other dwelling unit. DWELLING, MULTI-FAMILY: A building designed or intended or used as the home or residence of three or more families, each in a separate dwelling unit, living independently of each other and who may have a common right in halls and stairways, whether rental or owner occupied, with the number of families in residence not exceeding the number of dwelling units provided. DWELLING, ROWHOUSE OR TOWNHOUSE : A row of at least three (3 ) but not more than eight (8) one-family attached dwelling units whose sidewalls are separated from other dwelling units by a fire wall or walls. Each unit in the row, or townhouse, ma y be owned by a separate owner and shall have its own at grade access. SECTION 2.19 DWELLING UNIT Living quarters for a single family with cooking, living, sanitary and sleeping facilities independent of any other unit. SECTION 2.20 ERECT 10 To construct or reconstruct or excavate, fill, drain, or conduct physical operations of any kind in preparation for or in pursuance of construction orreconstruction, or to move a building or structure upon a lot. SECTION 2.21 EXEMPT RELIGIOUS OR EDUCATIONAL USE Those uses which are exempt from zoning regulations as specified in Chapter 40A, Section 3 of the General Laws of Massachusetts, namely the use of land or structures for religi ous purposes or for educational purposes where educational purposes are pursued or provided by the st or any of its agencies, subdivisions or bodies politic, or by a nr fit educational corporation,or as may be later amended. SECTION 2.22 EXISTING In existence or as existing atthe date of adoption of this Zoning Ordinance in 1926 or any amendment hereto. SECTION 2.23 FAMILY An individual, or two or more persons occupying a dw elling unit and living together as a single, non-profit housekeeping unit; provided that a group of five or more persons who ar e not kindred to each other, as defined by civil law, shall not constitute a Family. SECTION 2.24 FAMILY DAY CARE Family day care home as defined in Sction 9 of M.G.L.c.28A, for not morethan ten children. Unless otherwise stated in this Bylaw, family day care licensed by the Massachusetts Office for Children shall be considered an accessory use incidental to a residential use. SECTION 2.25 FAST FOOD ESTABLISHMENT Any place or premises used for sale , dispensing, or serving of food, refreshments or beverages where the primary business of the establishment is the sale of said items wh ich are packaged or presented in such a manner that they can be readily eaten ouie the building where it is sold. SECTION 2.26 FENCE A man-made barrier intended to divide or mark a boundary between lots or parcels of land not to exceed six (6) feet in height in a residential district and eight (8) feet in height innon-residential districts, in each case measured from the existing finished grade of the lot, except for su ch lower heights as may be required by Section 4.12. For purposes of this Zoning Ordinance, fences required around swimming pools shall be treated separately and shall be governed by thervisions of Section 4.03(b). SECTION 2.27 FLOOD, BASE The flood having a one percentchance of being equaled or exceeded in any one year. SECTION 2.28 FLOODWAY/100-YEAR FLOODPLAIN A floodway includes the normal channel of a river or stream and those portions ofthe floodplains adjoining the normal channel which are reasonably required to carry offthe flood flow. The 100-year floodplain is the area adjoining a river or stream which has been, or may hereinafter be, covered by flood waters from a 100-year 11 flood. SECTION 2.29 FLOOR AREA RATIO (FAR) Gross floor area of all buildings on the Lot measured insquare feet, divided by the total square footage of the Lot. SECTION 2.30 FRONT BUILDING LINE The wall of the Principal Building on a Lot which isrllel or most nearly parallel to the Street Line. SECTION 2.31 FRONTAGE That part of a lot or lot line abutting on a street or wayt,o which the front façade ofall buildings shall be oriented and if in question, as determined by the Zoning Enforcement Officer. (See also, SECTION 2.44.1,LOT FRONTAGE). SECTION 2.32 GASOLINE SERVICE STATION Area of land, including the structures thereon, that is used for the sale of gasoline or motor vehicle fuel, oil and other lubricating substances, and including the sale of motor vehicle accessories, and which may or may not include facilities for lubrication, washing, or making minor repairs to motor vehicles, but not including the painting thereof by any means nor the making of any body repairs nor ma jor repairs to the mechanical system or motor vehicles, nor doing any work requiringthe use of any torch, forge, fire, or flame. SECTION 2.33 GROSS FLOOR AREA The total area, expressed in square feet, of all floors of a building excluding all parking and loading areas, all parking structures, traditional roof appurtenances such as mechanical penthouses, all other mechanical rooms, atriums, flagpoles, chimneys and similar stru ctures but including basements and mezzanines to the exterior walls thereof, and including partitionri ells, corridors and porches with permanent roofs. SECTION 2.34 HEIGHT OF BUILDING The vertical distance of the highest point of the st ructure above the average existing grade along the Front Building Line; notwithstanding the foregoing, in instances where the Lot slopes away from the Front Lot Line, the height of the Building shall t e vertical distance above the average existing elevation of the Lot or parcel of land; the average existing elevation being the average ofthe aggregate averages ofall sides or boundaries. To determine the average elevation of each side or boundary there shall be a measurement of elevation at each side or boundary angle and at least once evry thirty (30) feet between angles. SECTION 2.35 HOME OCCUPATION A business, profession, occupation orsale of articles produced on the prises where sold, conducted within a residential building or accessory structure for gasupport by one or more residents of the dwelling which: (a) is incidental and secondary tote residential use of the building; (b) does not change the essential residential character of the use and requires no exterior alterations or accessory buildings which are notcustomary with residential use; (c) is carried on solely by the residents of thedwelling except that no mo re than 2 non-residential employees may be allowed. (d) is confined to no more thantwenty-five percent (25%) of thetotal floor area of the dwelling; 12 (e) is not visible from any other residential structure, does not store outside of the dwelling any equipment or materials usedin the home occupation; (f) does not produce any offensiv e noise, odor, smoke, dust, heat, glare, excessive traffic or other objectionable effects; (g) does not increase the average daily aut omobile trips generated by the residence in which the home occupation is located; (h) the conducting of a clinic, convalescent home, nursing home, restaurant, guest house, animal hospital, commercial kennel, dancing or musical instruction in groups, barbershop, beauty salon, licensed day care centers, massage or muscu lar therapist shall not be deemed to be home occupations. SECTION 2.36 HOME OFFICE A business, profession or occupation conducted within a residential buildingor accessory structure for gain or support by residents of the dwelling that conforms to the definition and requirements of a Home Occupation, except having no employees, no deliveries,and no customers that visit the site. SECTION 2.37 HOTEL, MOTEL (a) A hotel is a building designed or used for ten (10) or more guests, primarily the temporary abode of persons who have their residence elsewhere. (b) A motel is a hotel with direct accss from each guest room to a parking space. SECTION 2.38 IMPERVIOUS COVERAGE The maximum percentage of a lot that may be covered wi th impervious surfaces, including but not limited to buildings, impervious driveways and parking areas, access roads, sidewalks, tennis courts, above-ground and in-ground swimming pools, concrete air conditioner pads, decks that do not allow rain water to be directly absorbed by the ground, pat ios, or any other material pl aced on or above the earth which substantially reduces or prevents the natural percolation of water. SECTION 2.39 INDUSTRY, HEAVY A use engaged in the basic processi ng and manufacturing of materials or products predominantly from extracted or raw materials, or a use engaged in manuf acturing processes using flammable or explosive materials, or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions. SECTION 2.40 INDUSTRY, LIGHT A use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly , treatment, packaging, incidental storage, sales and distribution of said products. SECTION 2.41 INTERESTED PARTY The petitioner for a variance, special permit or appeal and the abutters of the area or premis es which is the subject of the petition,as well as the owners of theland directly opposite suchea or premises on any public or private street, owners of land that are abutters to abutters of the subject property within three hundred 13 (300) feet of the property line of such area or premises all as they appear on the most recent applicable tax list, and the Planning Board, as well as thlnning Boards of everyabutting municipality. SECTION 2.42 LANDSCAPED Land fully developed and maintained to present a pl easant appearance and to stab ilize the soil, using primarily vegetation and natur l features of the site. SECTION 2.43 LICENSED DAY CARE A day care or school-age child care facility as deined in Section 9 of M.G. L.c.28A and licensed by the Massachusetts Office for Children. SECTION 2.44 LODGER A person who rents space for living or sleeping puss without separate cooking facilities. SECTION 2.45 LODGING HOUSE, LICENSED Any dwelling other than a hotel or motel in which livispace is let to five (5) or more persons, including dormitories, fraternityhouses and similar uses. SECTION 2.46 LOT A parcel of real estate as described in a deed or n on a plan separate from any other parcel, such deed or plan being recorded in the registry of deeds or approved by the Planning Board and on file with the Engineering Department. SECTION 2.47 LOT AREA The horizontal area of the lotexclusive of any publicivate way open to public uses. SECTION 2.48 LOT FRONTAGE The boundary of a lot on land coinciding with a streetline if there are both rights of access and potential vehicular access across that boundary to a potential bing site; measured continuously along one street line between side lot lines. In the case of corner lots, measured between the side lot line and the mid-point of the corner radius on the street designat ed as the frontage street by the ner or, failing that, by the Zoning Enforcement Officer. (See als, SECTION 2.29, FRONTAGE). SECTION 2.49 LOT LINE, FRONT A line dividing a lot from the street identified as providing frontage (s ee Section 2.44.1) and having building front façade oriented toward said lot frontage. Whete lot frontage on the street is less than the potential lot width in the district in which it is located, any lot line or part of a lot lineshall be considered to be a front lot line for purposes of calculating front yard requirements if a straight line drawn from a point on the lot line to and perpendicular to the street providing potential acceste lot passes across any part of another lot to which it is contiguous. SECTION 2.50 LOT LINE, SIDE The portion of the lot boundary that connects the front lot line to threar lot line; when questioned, as determined by the Zoning Enforcement Officer. SECTION 2.51 LOT LINE, STREET OR STREET LINE 14 A line dividing a lot from a street. SECTION 2.52 LOT LINE, REAR The lot line opposite the front ie; when questioned, as determined bythe Zoning Enforcement Officer. SECTION 2.53 LOT WIDTH The distance between the side lot linesalong the front yard setback line. SECTION 2.54 LOW IMPACT DEVELOPMENT A site design strategy for managing stormwater by ma intaining or replicating the predevelopment hydrologic functions through the use of design techniques to creat e a functionally equivalent hydrologic landscape. Commonly referred to as “LID” SECTION 2.55 MIXED USE DEVELOPMENT A development that combines residential with retail or se rvice uses within the same building or on the same site, in one or more of the following configurations: Vertical Mixed Use: A single stru cture with the above floors used for re sidential or office use and a portion of the ground floor for retail/commercial or service uses. Horizontal Mixed Use; Attached: A single structure that provides reta il/commercial or service use in the portion fronting the public or private street with attached residential or office uses behind. Horizontal Mixed Use; Detached: Two or more structures on a single site, which provide retail/commercial or service uses in the structure(s)fronting the public or private stret, and residential or office uses in separate structure(s) behind or to the side. SECTION 2.56 MOTOR VEHICLE BODY WORK ESTABLISHMENT Area of land, including the structuresthereon, that is used formaking repairs to, altering in a structural manner, or painting in any manner, the body of motor vehicles. SECTION 2.57 MOTOR VEHICLE REPAIR ESTABLISHMENT Area of land, including the structurt ereon, that is used for the purpose of repairinl cing, or altering the motor system, the muffler and/or exhaust systems, and/orother mechanically moving parts of a motor vehicle, and including glass installation, upholstery repair, installation of various automotive accessories such as sun roofs, radios, auto body paii g, and similar activities. SECTION 2.58 NON-CONFORMING BUILDING OR LOT A building or lot that does not conform to a dimensional regulation pi ed by this Zoning Ordinance for the district in which it is located to regulations for signs, off-street par king, off-street loading or accessory buildings but which Building or lot was in existence at the time the regulation became effective and was lawful at the time it was established. SECTION 2.59 NON-CONFORMING USE A use of a building or lot that doesnot conform to a use regulation prescribed by this Zoning Ordinance for the district in which it is located, but which was in existence at the time the use regulation became effective and 15 was lawful at the time it was established. SECTION 2.60 OCCUPIED "Occupied" shall include the words "designed,arranged, or intended to be occupied." SECTION 2.61 OPEN SPACE Areas open, pervious and unobstructed to the sky that can be used for active or passive recreation purposes. Parking and loading areas of any typeshall not be allowed in any requir ed open space. In all residential districts, the minimum required open space shall be conti guous and shall not include any side yard buffer where required by this Ordinance. SECTION 2.62 OPEN SPACE, PUBLICALY USEABLE Open Space as defined by §2.59 t at is designed for and open to the public from dawn to dusk. SECTION 2.63 OPERABLE (MOTOR VEHICLE) Legally fit to be driven, exceptfor lack of registration. SECTION 2.64 PRINCIPAL USE The primary use of the Building orLot, as the context may require. SECTION 2.65 PROFESSION Architecture, engineering, law, medicine,dentistry, or other activity in which specialized servicesto clients are performed by persons possessing a degree from a recogni zed institution of higher learning demonstrating successful completion of a prolonged course of spec ialized intellectual instruction and study, and also possessing evidence of professional capability such asmembership in a professional society requiring standards of qualification for admission. SECTION 2.66 RESEARCH FACILITY A facility that has been licensed as required by state andfederal authorities for thetesting and development of various mechanical, electronic, ptnic, agricultural, medical, i technological products and services. SECTION 2.67 DRIVE-IN RESTAURANT, DRIVE-IN REFRESHMENT STAND, DRIVE-THROUGH EATING ESTABLISHMENT Any premises used for the sale, dis pensing or serving of food, refreshm ents, or beverages in automobiles, including those establishments w here customers may serve themse lves and may cons ume the food, refreshments or beverages onthe premises, when received through a service window. SECTION 2.68 RETAIL Establishments used for the sale ofa variety of goods at retail andpersonal and professional services pertaining to health, beauty, and similarservices but not fitness centers. SECTION 2.69 RETAINING WALL A structure in the form of a wall for holding in e a mass of earth or the like at the edge of a terrace, excavation or property line provided that any retaining wall located along a property line and extending more than six (6) feet above the average fi nished grade of the adjacent lot(s) shall be considered an accessory building and must conform to the yard and height ritions for accessory buildings in Section 4.03. SECTION 2.70 SCREENING 16 A natural occurrence or a man made device which sh ields from view various land use activities. SECTION 2.71 SELF-SERVICE STORAGE FACILITY A building consisting of small, i ndividual self-contained units that are leased owned for the storage of business and household goods or contract or supplies, but precluding indi vidual storage units that have at grade and direct vehicular access SECTION 2.72 SETBACK The minimum horizontal distance from the lot line or srteet line to the nearest part of the structure. SECTION 2.73 SIGN Sign shall mean and include any permanent or temporary stru cture or building surface, or part thereof or device attached thereon or other outdoor srface including billboards or any combination of one or more of the foregoing containing any word, letter, symbol, drawing,model, banner, picture or design, or any device used for visual communication which identifs or calls attention to any premises, person, product, activity, service or business, directing the subject throf to the attention of the public. SECTION 2.74 SIGN, AREA OF (a) For a sign, either free-standing or attached, t he area shall be considered to include all lettering, accompanying designs and symbols,together with the background,whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself. (b) For a sign painted upon or applied to a building,the area shall be considered to include all lettering, accompanying designs or symbols together with any backing of a di fferent color than the finish material of the building face. (C) Where the sign consists of individual letters or symbols atta ched to or painted on a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle or other convex shape which encompasses a ll of the letters and symbols. SECTION 2.75 SMART GROWTH Collection of land use planning te chniques that featur es walkable, mixed- use, transit-oriented development with the objecti ve of creating more attractive, liv able, economically strong communities while protecting natural resources. SECTION 2.76 SPECIAL PERMIT A permit for certain exceptions specified in this Zoning Ordinance to t he zoning regulations contained herein which may be allowed at the discretionof the Board of Appeals subject tte provisions of Sections 9.04-9.13. SECTION 2.77 STORY, HALF-STORY (a) The space between any floor and the floor or roof next above improved for residential occupancy, provided however that any basementshall not be deemed a story. (b) A story under a sloping roof (defined as and requi red to be at least a 6/12 pitch, except dormers, which shall have at least 3/12 pitch) shall be deemed a half-story if less than fifty percent (50%) of its area has a clear interior height of seven (7) feet or more, improved or intended to be improved for residential occupancy. Any new construction with ceiling height 4 feet and above shall be included in the floor area, except where a dormer is required over an exis ting stairway that has 17 been deemed by the Inspector of Buildingsto be a hazardous means of egress. SECTION 2.78 STREET A public or private way, alley, lane, court or sidewalkwhich is open to the public ordedicated to public use; and parts of public places whicrm traveled rights of way. SECTION 2.79 STRUCTURE A combination of materials assembled at a fixed location togive support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadiing stand, platform, bin, fence, sign, flagpole or the like. The word "structure" shall be construed, where the context allows, as though followed by the words "or part thereof." SECTION 2.80 USE The purpose for which land or a build ing is arranged, designed, or intended, or for which either land or a building is or may be occupied or maintained. SECTION 2.81 VARIANCE Such relief from the zoning regulati ons contained in this Zoning Ordinanc e as may be necessary to avoid unique and undue hardship to the appellantand which may be granted by the Board of Appeals subject to the provisions of Sections 9.14-9.17. SECTION 2.82 WHOLESALE The storage, sale and/or resale ofgoods or products in large quantity tretailers or jobbers rather than consumers. SECTION 2.83 WIRELESS TELECOMMUNICATIONS FACILITY An apparatus or facility providing te lephone, radio, television, or other wireless communications through the sending and/or receiving ofl ctromagnetic waves, by meansof any of the following: (a) ANTENNA: An apparatus designed to be mounted on a stcture to provide wireless communications. (b) TOWER: A free-standing structure which mayhave antennas or monopoles mounted on it. (c) MONOPOLE: A single, straight pole attached tothe ground, on which antennas may be mounted. SECTION 2.84 YARD, FRONT An open space between the nearest point of a building and the front lot line extending to the side yard lines. SECTION 2.85 YARD, SIDE An open space between a side lot line of a lot and the t point of the principalbuilding and extending from the front lot line to the rear lot line. SECTION 2.86 YARD, REAR An open space extending along the full let of the rear lot line or linesand between such line or lines and the nearest point of the building. ARTICLE III 18 ESTABLISHMENT OF ZONING DISTRICTS _________________________________________________________________________ _____ 3.00 Division of the Town into 3.01 Classification of Districts Districts DBitrctsfries _________________________________________________________________________ _____ SECTION 3.00 DIVISION OF THE TOWN INTO DISTRICTS (a) The Town is hereby divided intozoning districts, asspecified hereinafter. (b) Within each district there s hall be uniform regulation of use of buildings, structure and land, of height, and size of building and structures, of size andwidth of lots, of dimensions of yard and other open spaces, and of other requriements, as provided inthis Zoning Ordinance. (c) Every parcel of land and every building or other structure in the Town, except as otherwise provided by law or by this Zoning Ordinance sha ll be subject to the regul ations, restrictions, and requirements specified for the District in which it is located. SECTION 3.01 CLASSIFICATION OF DISTRICTS For the purposes of this Zoning Ordn iance the Town is hereby divided intothe following use districts: (a) Residence Districts - S - Single Family: S-10 and S-6 T - Two Family SC - Single Family Conversion R - Residential multi-family: R.75 and R1.2 CR - Cluster Residential (b) Business Districts - NB - Neighborhood Business LB - Limited Business CB - Central Business (c) Industrial Districts - I-1 - Industrial 1 I-2 - Industrial 2 I-3 - Industrial 3 (d) Special Zoning Districts - ALOD - Assisted Living Overlay District OSC - Open Space and Conservancy RO - Revitalization Overlay RD - Limited Redevelopment District R/SOD - Religious/SchoolBuilding Overlay District PSCD – Pleasant Street Corridor District 19 SECTION 3.02 BOUNDARIES OF THE DISTRICTS (a) The location and boundaries of these districts are hereby established as shown on a map entitled "Zoning Map of the Town of Watertown," as dated January 30, 1989, as amended by the amendments thereto adopted May 23, 1989(the "Zoning Map") and on file inthe office of the Town Clerk, which map, with all explanatory matter t hereon, is declared to be a part of this Zoning Ordinance. (b) Any change in the location or boundaries of a district hereafter made through the amendments of the Zoning Ordinance shall be indicated by the alteration of the Zoning Map, and the Zoning Map thus altered is declared to be partof the Zoning Ordinance thus amended. (c) Where a district boundary is indicated as approximately following, or parallel to, the center line or street line of a street, highway, railroad right of way, or water course, such a district boundary shall be construed as following, or as being parallel to,such center line or street line. Where a district boundary is indicated as approximately following a lot line, such line shall be construed to be said boundary. If no distance is indicated on the Zoning Map for a district boundary running parallel to the center line or street line of a street or highway, such dimension shall be assumed to be one hundred (100) feet from the street or, if as determined by the us e of the scale shown on said Zoning Map it is at least twenty(20) feet more or less than one hundred (100) feet, it shall be as so scaled. When any uncertainty exists as to t he exact location of a boundary line, the location of such line shall be determined by the Planning Board. (d) When a lot in one ownership is situated in partin the Town of Watertown and in part in an adjacent city or town, the regulation and restriction ote Zoning Ordinance shall be app lied to that portion of such lot as lies in the Town of Watertown in t he same manner as if the entire lot were situated therein. 20 ARTICLE IV GENERAL USE AND DIMENSIONAL REGULATIONS _________________________________________________________________________ _____ 4.00 Applicability of UseRegulatonic 4.08 ability of Dimensional 4.01 PerRUetesations 4.02 Uses Subject to other 4. 9 Exceptions to Lot Size Regulations Regulations 4.03 Accessory Uses 4.10 Exceptions to Height 4.04 Prohibited Uses Regulations 4.05 Continuance of Non- 4.11 Exceptions to Yard Conforming Use Regulations 4.06 Alteration of a Non- 4.12 Required Corner Clearance Conforming Uses/Buildings/ for Visibility Structure 4.13 Transition Requirements 4.07 Reconstruction ofa Non- 4.14 Screening Conforming Building After Catastrophe _________________________________________________________________________ _____ SECTION 4.00 APPLICABILITY OF USE REGULATIONS Except as provided by law or in this Zoning Ordinance, ineach district no building,structure or land shall be used or occupied except for the proses permitted in the districtas listed in Article V. SECTION 4.01 PERMITTED USES (a) A use listed in Article V is permitted as of right in any districtunder which it is denoted by the letter "Y" subject to the applicable definitions in Article II, and the site plan review special permit requirements of Section 9.03. (b) A use listed in Article V is permitted as a special exception in any districtunder which it is denoted by the letters "SP" only if theBoard of Appeals so determines ani sues a special permit therefore as provided in Article IX subjec t to the applicable definitions in Article II and to such further restrictions as saidBoard may establish. (c) A use listed in Article V which is denoted by the letter "N" is not permitted, except nonconforming uses which may be continued underthe provisions of Section 4.05. SECTION 4.02 USES SUBJECT TO OTHER REGULATIONS Uses permitted as of right or by s pecial permit shall be subject, in addition to use regulations, to all other regulations applying to the district or to the use, such as dimensional regulations in Article V, provisions for off-street parking and loading in Article VI, regulation ofsigns and illumination in Article VII, and regulations in Article VIII and elsewhere in this Zoning Ordinance. SECTION 4.03 ACCESSORY USES (a) Permitted and required accessory uses shall be on the same lot of record as the principal use to which they are accessory and shall be such as not toalter the character ofthe premises on which it is located. 21 (b) No accessory use or uses within a build ing other than an accessory garage shall occupy more than a combined total of twenty-five percent (25%)of the floor area of the principal building. (c) No accessory building shall occupy part of the required Front Yard, but such building may occupy not more than thirty percent (30% ) of any other minimum required yard setback or existing yard area, whichever is greater. (d) No part of an accessory building shall be locat ed nearer than five (5) feet to any side or rear lot line nor be more than one story or twelve (12) feet in height in the case of a flat roof, or eighteen (18) feet in height in the case of a pitched, gable, hip, gambrel or mansard roof. Commercial accessory parking structures may occupy more than thirty percent (30%) of any other minimum required yard setback or existing yard area, provd ied that no more than thirtypercent (30%) of said yard area is occupied by the parts of said parking structure extending above the finished grade of the lot. (e) No accessory use shall be permitted in any district except insofar as it is accessory to a principal use permitted in the district. (f) Swimming pools having a water depth of two (2) feet or more when full and ready for use shall be considered an accessory building for the purposes of interpreting this Zoning Ordinance. Swimming pools shall be screened by an opaque wall, barrieror uniform fence atleast five (5) feet high and capable of prohibiting unauthorized use. In addition, swimming pools constructed below grade must be equipped with a permanently instale l d drainage system. Swimming pools with their associated walkways, aprons, raised decks, and their associated equipment shall not be located in a Front yard and shall be setback at least five (5)efet from any side or rearLot Line, and subject to appropriate Screening as determined by the Board of Appeals. The above regulations shall not apply to those swimming pools thatare portable in nature. (g) Accessory structures fronting on a public street or way shall be subject to the Front Yard Setback requirements of the district inwhich it is located. SECTION 4.04 PROHIBITED USES The following uses shall be prohb i ited in all districts: (a) any trade, industry, or other use that is noxious,offensive, or hazardous byreason of vibration or noise or the emission of odors, dust, gas, fumes, smoke, cinders, flashing or excessively bright light, refuse matter, or of any other cause; (b) any use hazardous to the health, safety, and general welfare because of danger of flooding, inadequacy of drainage or inaccessibility to fire fihting apparatus or otherprotective services. (c) any advertising sign or device,except as permitted under Article VII. SECTION 4.05 CONTINUANCE OF NON-CONFORMING USE Any non-conforming building, structure or use which existed at t he time of passage of the applicable provision of this Zoning Ordi nance or any prior Zoning By-law or of any amendment thereto may be continued subject to the provisoi ns of Sections 4.06 and 4.07 ormay be changed to be conforming. 22 SECTION 4.06 ALTERATION OF NON-CONFORMING USES AND BUILDINGS/ STRUCTURES (a) Except as hereinafter provided,this Zoning Ordinance shall not apply tostructure or uses lawfully in existence or lawfully begun, or to a building per mit or special permit issued before the first publication of notice of the public hearing of the Planning B oard on such ordinance required by Section 9.22, but shall apply to any change or substantial extension of such use, to a building or special permit issued after the firstnotice of said public hearing, toany reconstruction,extension or structural change of such structure and to any alration of a structure begun after the first notice of said public hearing to provide for its use or a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent except where the alteration, reconstruction, extension or structural change to a single or two family residential structure or building does not increase the non-conformingnature of said structure or building and does not further violate any other applicable provisions of this Zoning Ordinance. Pre-existing non-conforming uses may be changed or extended and pre-existing non-conforming structures or buildings may also be extended as provided by Massachusetts General Laws Chapter 40A, Section 6, provided that no su ch change, extension, structur al change or alteration shall be permitted unless there is a Special Permit Findi ng by the Board of A ppeals that such change, extension or alteration shall notbe substantially more detrimental than the existing non-conforming use, structure or building to the neighborhood; (b) Notwithstandingsubs ection (a) above, a non-conforming single or two family residential structure may be altered, reconstructed, extended or changed if the proposed alteration, reconstruction, extension or change complies with the Tableof Dimensi
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