000 - DEFINITIONS
For the purpose of this Ordinance certain words and terms are hereby defined. The definitions set forth in the State Building Code are also applicable, where appropriate, with respect to words and terms not defined herein. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "lot" includes "plot", the word "building" includes "structure"; the word "occupied" includes "designed, arranged," or "intended to be occupied". Where the verb "use" is employed it shall be construed as if followed by the words "or is intended, arranged, designed, built, altered, converted, rented, or leased to be used", the word "shall" is mandatory and "may" is permissive or discretionary.
Accessory Apartment. An accessory use with one or more rooms with separate kitchen and bathroom facilities, constituting a dwelling unit, located within and under the same ownership as a single or two-family detached dwelling and used as the residence of one residential household.
Accessory Building. A building subordinate to, and located on the same lot (or on an abutting lot in the same ownership) as the main or principal building or principal use, the use of which is customarily incidental to that of the principal building or use of the land.
Accessory Use. A use subordinate to the principal use and customarily incidental to the principal use.
Affordable Housing Overlay (AHO). A set of modified development standards set forth in Section 11.207.3 of this Zoning Ordinance intended to allow incremental increases in density, limited increases in height, and relaxation of certain other zoning limitations for residential developments in which all units are made permanently affordable to households earning up to 100% of area median income.
Affordable Housing Overlay (AHO) Dwelling Unit. A dwelling unit within an AHO Project for which occupancy is restricted to an AHO Eligible Household and whose rent or initial sale price is established by the provisions of Section 11.207.3 of this Zoning Ordinance.
Affordable Housing Overlay (AHO) Eligible Household. A household whose gross household income does not exceed the amounts set forth in Section 11.207.3 of this Zoning Ordinance.
Affordable Housing Overlay (AHO) Project. The construction of a new building or buildings and/or the modification of an existing building or buildings resulting in single-family, two-family, townhouse, or multifamily dwellings within which each dwelling unit is an AHO Dwelling Unit subject to the standards and restrictions set forth in Section 11.207 of this Zoning Ordinance.
AHO Corridor Lot. An AHO Lot that has a Front Lot Line on one or more of the following streets: Albany Street, Alewife Brook Parkway, Bishop Allen Drive, Broadway, Cambridge Street, Concord Avenue, First Street, Fresh Pond Parkway, Massachusetts Avenue, Memorial Drive, Mount Auburn Street, Prospect Street, and Sidney Street.
AHO Lot. A Lot, as defined in this Article 2.000, on which an AHO Project is proposed, whether or not there are other existing or proposed uses on the Lot that do not meet the definition of an AHO Project.
AHO Square District. One of the following Zoning Districts or areas: the Central Square Overlay District, Harvard Square Overlay District, Lesley Porter Overlay District, or the area bounded by the centerline of Elm Street to the west, the Somerville/Cambridge municipal boundary to the north, the centerline of Windsor Street to the east, and Cambridge Street to the south; but not including the premises shown on Cambridge Assessor's Map #81 Lots 81-50, 81-101, or 81-100.
Animal Services Facility. A type of Retail or Consumer Service Establishment whose principal use is to provide services related to household pets where such animals are kept on the premises, including but not limited to veterinary care, grooming, shelter, kenneling, obedience training, pet day care, or interaction with pets housed on the premises.
Apiary. A location or structure on a lot containing one or more beehives and associated beekeeping equipment.
Area Median Income (AMI) The Housing Area Median Family Income set forth in or calculated from regulations promulgated by the United States Department of Housing and Urban Development pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974, determined for the Boston-Cambridge-Quincy, MA-NH Metropolitan Statistical Area and adjusted for family size, or if such income standard no longer exists, such other equivalent income standard determined by the Community Development Department with the advice of the Affordable Housing Trust.
Art/Craft Studio. A room or group of rooms used by artists and craftspeople in the creation of their work, including: painting, photography, sculpture, ceramics and other related arts and crafts.
Auto Service Station. A type of Outdoor Retail or Consumer Service Establishment whose principal use is to provide petroleum fuel for automobiles and other vehicles within an open or partially enclosed area and/or where inspections and services such as oil changes, tire changes, and minor repairs are conducted within a building, but where no major repairs are made.
Auto Wash. A type of Outdoor Retail or Consumer Service Establishment whose principal use is to clean automobiles and other vehicles using mechanical equipment.
Automatic Amusement Device. Any mechanism whereby, through the insertion of a coin or token, any apparatus is released or set in motion or is put in a position where it may be in motion for the purpose of playing any game, involving in whole or in part, the skill of the player, including, but not exclusively, such devices as are commonly known as pinball machines, including free play pinball machines.
Automobile Oriented Fast Order Food Service Establishments. A fast order food service establishment which provides a greater number of parking spaces than is required by the Zoning Ordinance.
Bakery, Retail. A type of Retail or Consumer Service Establishment whose principal use is the sale of breads, pastries, cakes, pies and similar baked goods for consumption by the final customer at home whether or not final baking occurs on premises.
Bar. A type of Retail or Consumer Service Establishment whose principal use is to serve alcoholic beverages, but which is not licensed to prepare or serve food.
Bee. Any life stage of the common domestic honey bee, Apis mellifera.
Bee Colony. An aggregate of worker bees, drones, a single queen, and brood living together as one social unit.
Beekeeping. The housing of one or more bee colonies on a lot for the purpose of collecting products including honey, beeswax, propolis, pollen, and royal jelly, and/or to support the ecological benefits of pollination.
Beehive. A structure intended for the housing of one Bee Colony.
Bicycle Parking. The accessory storage of non-motorized bicycles (which may include trailers or other customary accessories) in a secure manner that allows for quick and convenient access, storage and removal of the bicycles by users who are making trips to or from the associated principal use. A facility that provides Bicycle Parking shall conform to the standards set forth in Section 6.100 of this Zoning Ordinance.
Building. Any structure built for support, shelter, or enclosure of persons, animals, chattels, or property of any kind.
Cannabis Courier Establishment. An establishment licensed as a Marijuana Courier by the Massachusetts Cannabis Control Commission that is authorized to operate pursuant to that license, including to deliver cannabis or marijuana products, accessories and branded goods from a Cannabis Retail Store to consumers, in accordance with applicable state laws and regulations, but not authorized to sell cannabis or marijuana products directly to consumers.
Cannabis Cultivator. An entity licensed by the Massachusetts Cannabis Control Commission as a Marijuana Cultivator to cultivate, process and package cannabis or marijuana, and to transfer cannabis or marijuana to other Cannabis or Marijuana Establishments, but not to consumers. A Craft Marijuana Cooperative is a type of Marijuana Cultivator, pursuant to 935 CMR 500.000.
Cannabis Delivery Operator Establishment. An establishment licensed as a Marijuana Delivery Operator by the Massachusetts Cannabis Control Commission and authorized to purchase at wholesale and warehouse on the site cannabis or marijuana products acquired from a Cannabis Cultivator, Cannabis Product Manufacturer, Cannabis Microbusiness or Craft Marijuana Cooperative, and to sell and deliver cannabis or marijuana products, accessories and branded goods directly to consumers in accordance with applicable state laws and regulations, but not authorized to repackage cannabis or marijuana products or to sell cannabis or marijuana products to consumers on-site.
Cannabis Dispensary, Registered, also known as Registered Marijuana Dispensary, RMD or Medical Marijuana Treatment Center. An entity licensed under 935 CMR 501.101 that acquires, cultivates, possesses, processes (including development of related products such as edible cannabis products, tinctures, aerosols, oils or ointments), repackages, transfers, transports, sells, distributes, dispenses, or administers cannabis or marijuana products, related supplies, or educational materials to registered qualifying patients or their personal caregivers for medical use in accordance with applicable state laws and regulations. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of cannabis or marijuana for medical use.
Cannabis Establishment. A Marijuana Cultivator, Craft Marijuana Cooperative, Marijuana Product Manufacturer, Marijuana Microbusiness, Marijuana Retailer, Independent Testing Laboratory, Marijuana Research Facility, Marijuana Transporter, Marijuana Courier, Marijuana Delivery Operator, or any other type of marijuana-related business licensed by the Massachusetts Cannabis Control Commission, except a medical marijuana treatment center.
Cannabis Independent Testing Laboratory. A laboratory that is licensed by the Massachusetts Cannabis Control Commission as an Independent Testing Laboratory and is operating in accordance with applicable state laws and regulations.
Cannabis Microbusiness. A co-located Cannabis or Marijuana Establishment that can be either a Tier 1 Marijuana Cultivator or Product Manufacturer or both, pursuant to 935 CMR 500.00, in compliance with the operating procedures for each license and, if in receipt of a Delivery Endorsement issued by the Cannabis Control Commission, may deliver Cannabis or Cannabis Products produced at the licensed location directly to Consumers in compliance with established regulatory requirements for retail sale as it relates to delivery. A Microbusiness that is a Cannabis Marijuana Product Manufacturer may purchase no more than 2,000 pounds of marijuana per year from other Cannabis Marijuana Establishments, pursuant to 935 CMR 500.000.
Cannabis Product Manufacturer. An entity licensed by the Massachusetts Cannabis Control Commission as a Marijuana Product Manufacturer to obtain, manufacture, process and package cannabis or marijuana products and to transfer these products to other Cannabis or Marijuana Establishments, but not to consumers.
Cannabis Production Facility. An establishment authorized to cultivate, manufacture, process, or package cannabis or marijuana products, in accordance with applicable state laws and regulations. A Cannabis Production Facility may be licensed to operate as a Cannabis Microbusiness, Cannabis or Marijuana Cultivator, or Cannabis or Marijuana Product Manufacturer, or registered as a Medical Marijuana Treatment Center (also known as a Registered Marijuana Dispensary or RMD), or both, in accordance with applicable state laws and regulations.
Cannabis Products. Cannabis or marijuana and its products unless otherwise indicated. These include products that have been manufactured and contain cannabis or marijuana or an extract from cannabis or marijuana, including concentrated forms of cannabis or marijuana and products composed of cannabis or marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
Cannabis Research Facility. An entity licensed to engage in research projects by the Massachusetts Cannabis Control Commission.
Cannabis Retail Store. An establishment authorized to sell or otherwise transfer cannabis or marijuana products to consumers for use off the premises, but not to cultivate, manufacture, process, or package cannabis or marijuana products, in accordance with applicable state laws and regulations. A Cannabis Retail Store may be licensed to operate as a Cannabis or Marijuana Retailer or registered as a Medical Marijuana Treatment Center (also known as a Registered Marijuana Dispensary or RMD), or both, in accordance with applicable state laws and regulations.
Cannabis Retailer. An entity licensed by the Massachusetts Cannabis Control Commission as a Marijuana Retailer to purchase, repackage, white label and transport cannabis or marijuana products from Cannabis or Marijuana Establishments and to sell or otherwise transfer these products to Cannabis Marijuana Establishments and to consumers. Unless licensed, retailers are prohibited from delivering cannabis or marijuana products to consumers; and from offering cannabis or marijuana products for the purposes of on-site social consumption on the premises of a Cannabis or Marijuana Establishment.
Cannabis Use. A Cannabis Courier Establishment, Cannabis Delivery Operator Establishment, Cannabis Production Facility or Cannabis Retail Store, as defined in this Zoning Ordinance.
Chicken. Any breed of the domestic species Gallus gallus domesticus.
Clinic. An institution licensed under Sec. 51, Chapter 111, G.L., for the purpose of providing medical, surgical, dental, or restorative or mental hygienic services to persons not residing therein.
Commercial Recreation Establishment. A type of Retail or Consumer Service Establishment whose principal use is to provide entertainment or recreation services to the general public, wholly in an enclosed building, and for which user fees are charged and which is operated for profit, such as but not limited to a bowling alley, skating or skateboard rink, pool hall, billiard parlor, establishment containing more than three pinball machines or similar automatic amusement devices, or game room.
Community Center. A multipurpose family center, community facility or other social service establishment not elsewhere classified in this Ordinance where a variety of recreational, educational, social, health care or counseling services are provided under the aegis of a non-profit agency.
Convenience Store. A type of Retail or Consumer Service Establishment whose principal use is the retail sale of convenience goods directly to consumers, such as drug stores, food stores, tobacco, newspaper and magazine stores, variety stores, and liquor stores, not exceeding 5,000 square feet in total sales area (excluding storage).
Cool Area. The weighted area of features on a site that contribute to its Cool Score according to the Green Factor standards set forth in Section 22.90 of this Zoning Ordinance.
Cool Score. The metric used to determine if a project meets the Green Factor standard set forth in Section 22.90 of this Zoning Ordinance.
Cool Target. The metric used in determining the amount of Cool Area necessary to meet the Green Factor standard set forth in Section 22.90 of this Zoning Ordinance.
Cornice Line. The line which marks the horizontal edge at the top of the principal front wall plane of a structure.
Craft Beverage Establishment. A type of Retail or Consumer Service Establishment whose principal use is to serve non-alcoholic or alcoholic (if properly licensed) beverages that are produced and consumed on the premises (although such beverages may additionally be packaged and distributed at wholesale), provided that all production and packaging activities are conducted principally within a building and such activities do not occupy more than 10,000 square feet of Gross Floor Area (activities exceeding such size or excluding on-premises service shall be classified as Light Industry).
Craft Retail and Production Shop. A type of Retail or Consumer Service Establishment whose principal use is the sale of consumer goods that are manufactured, produced or assembled for sale on the premises for use by consumers off the premises (although such goods may additionally be distributed at wholesale), provided that all manufacturing, production, assembly, packaging, display, and sales activities are conducted within a building and do not occupy more than 10,000 square feet of Gross Floor Area (manufacturing or assembly uses exceeding such size or excluding retail sales shall be classified as Light Industry).
Dance Hall or Nightclub. A type of Retail or Consumer Service Establishment whose principal use is to provide live or recorded music and dancing for which patrons are charged a use or membership fee or are required to make other purchases to participate.
Development Parcel. The total land included within a Planned Unit Development, irrespective of the number or configuration of lots. A development parcel may include land in more than one ownership. In computing the area of a development parcel, both land and water areas within such parcel may be counted. A development parcel shall contain contiguous lots only, unless the regulations for a specific planned unit development district explicitly provides for development parcels containing non-contiguous lots. However in no instance shall non-contiguous lots be separated by more than twelve-hundred (1200) feet measured in a straight line from lot to lot.
District. A section of the City for which the zoning regulations governing the use of land, the use of buildings and premises, and the permitted height of buildings, and the area of open space about the buildings are uniform.
Dormer. A roofed projection built out from a sloping roof, containing a window or windows.
Dormitory. Any dwelling (other than a sorority or fraternity house) owned or controlled by an educational institution and occupied primarily as a place of temporary residence for persons whose permanent residence is elsewhere and who are employed or enrolled at the educational institution.
Double-Skin Façade. A multilayer exterior wall system comprising a solid outer wall, a solid inner wall, and a ventilated intermediate air space, intended to improve insulation and manage solar heat gain as an element of a building-wide mechanical system for heating and cooling a building.
Drive-In Consumer Service Establishment. A type of Outdoor Retail or Consumer Service Establishment, other than a Drive-In Food Service Establishment, whose principal use is to provide retail goods or other consumer services (including, for the purpose of this definition, banking services) to customers who do not have to leave their cars during the transaction.
Drive-In Food Service Establishment. A type of Outdoor Retail or Consumer Service Establishment whose principal use is to provide prepared meals and beverages to customers who do not have to leave their cars during the transaction.
Drive-In Theater. A type of Outdoor Retail or Consumer Service Establishment whose principal use is to show films or provide other forms of live or recorded entertainment to patrons who do not have to leave their cars.
Dwelling. A building or structure used in whole or in part as a residence, but not a trailer.
Dwelling, detached. A dwelling with no party wall or walls arranged, intended or designed as the home or residence of one family.
Dwelling, multifamily. A building used as a residence containing three or more dwelling units that do not meet the definition of semi-detached dwellings or a townhouse development.
Dwelling, semi-detached (or Townhouse or Row House). One of a series of buildings with a party wall or walls, common to adjoining buildings, which is constructed so that two opposite building faces, or in the case of corner units two adjoining faces, (applicable to the building as a whole and for each unit contained therein) have full outside exposure and so that each has separate entrances from the outside, and each building of which is used as a residence containing one or two dwelling units.
Dwelling, single-family. A building with no party wall or walls used as the residence of one residential household and consisting of one dwelling unit.
Dwelling, two-family. A building used as a residence containing two dwelling units.
Dwelling unit. A room or group of rooms within a building that are used as a residence for a single residential household with self-contained facilities for living, sleeping, sanitation, cooking and eating, and other areas of which the residential household has exclusive use.
Dwelling Unit, Affordable. A dwelling unit for which occupancy is restricted to an Eligible Household and whose rent or initial sale price is established by (a) in the case of an Affordable Dwelling Unit in an Inclusionary Housing project provided pursuant to Section 11.203.2, the provisions set forth in Sections 11.203.3 and 11.203.4, or (b) standards set forth in another city, state, or federal housing program for Eligible Households.
Dwelling Unit, Family-Sized. A dwelling unit that contains three or more bedrooms and not less than one thousand one hundred (1,100) square feet of Dwelling Unit Net Floor Area.
Dwelling Unit, Studio. A dwelling unit in which there is no bedroom separated by a door or a change in story from the other living area, such as a living room and kitchen, within the dwelling unit.
Educational purposes, exempt by statute. Educational purposes exempted from prohibition, regulation, or restriction as provided in Section 3, Chapter 40A, G.L.
Elderly Oriented Congregate Housing. A form of elderly oriented housing in which each residential household is provided with separate quarters which contain living and sleeping space and which may contain kitchen and bath facilities. Each such living space shall be considered the equivalent of one dwelling unit. Such housing shall also contain common dining, kitchen and social facilities. Limited supportive services may also be provided.
Elderly Oriented Housing. A residence where a minimum of eighty (80) percent of the dwelling units are restricted to residential households of not more than two persons with (i) at least one member sixty-two (62) years of age or older, or (ii) at least one member who has a chronic physical impairment which substantially reduces his or her ability to live independently and is of such a nature that the quality of his or her life would be improved by more suitable housing, and where the certificate of occupancy issued by the Superintendent of Buildings is so restricted. The certificate shall be renewed every two years and shall be issued initially and renewed only upon submission of evidence that priority in occupancy be given to residents of Cambridge.
Eligible Household. A household whose gross household income does not exceed (a) in the case of an Affordable Dwelling Unit in an Inclusionary Housing Project provided pursuant to Section 11.203.2, the amounts set forth in Section 11.203.4, or (b) amounts set forth in another applicable city, state, or federal housing program.
Energy Simulation Tool. A State Building Code compliant software program or calculation-based methodology that projects the annual energy use of a building, approved for use in the Green Building Project by a Green Building Professional in connection with Green Building Rating Program in accordance with the provisions of Section 22.20 of this Zoning Ordinance.
Fitness Center. A type of Retail or Consumer Service Establishment whose principal use is to provide space and/or equipment for physical exercise by individuals or groups, which may or may not include instructor-led fitness classes, in exchange for a use or membership fee.
Flexible Parking Corridor. A street or street segment with a set of modified off street parking regulations set forth in Section 6.25 of this Zoning Ordinance, intended to allow for the more efficient and flexible use of Off Street Parking Facilities through the relaxation of certain zoning limitations.
Floor Area, Dwelling Unit Net. Floor area contained within dwelling units or rooming units in a lodging house excluding common areas, such as lobbies, hallways, elevator cores, amenity spaces, common storage areas or parking facilities, exterior walls, walls dividing dwelling units from each other, or walls dividing dwelling units from common areas, or unenclosed spaces such as open-air porches, balconies, or decks.
Floor Area, Gross. The sum, in square feet, of the gross horizontal areas of all floors of a building, as measured from the exterior walls of a building or the centerline of party walls between buildings, calculated in accordance with the detailed standards in Section 5.25 of this Zoning Ordinance.
Food Hall. A type of Retail or Consumer Service Establishment containing two or more Food Stands or Kiosks, in which seating, if provided, is located in a common area, and which may contain shared facilities devoted to food preparation and service which occupy a combined area no larger than 1,250 square feet times the number of individual Food Stands or Kiosks utilizing such facilities.
Food Stand or Kiosk. A type of Retail or Consumer Service Establishment located within a Food Hall or another indoor or outdoor gathering space open to the public serving prepared foods and/or beverages to be consumed immediately on or off the premises, for which the area devoted to food preparation and service is no greater than 1,250 square feet and for which any seating (if provided) is open to the general public or shared among multiple establishments.
Floor Area Ratio. The ratio of gross floor area of a structure to the total area of the lot.
Formula Business. An individual Retail or Consumer Service establishment that is required by virtue of a contract, franchise agreement, ownership or other similar legal obligation to conform or substantially conform to a set of common design and operating features that serve to identify the establishment as one of a group of establishments for business, marketing and public relations purposes. Specifically, an establishment shall be considered a Formula Business if it shares at least two (2) of the following three (3) characteristics with ten (10) or more other establishments in Massachusetts or within twenty (20) or more other establishments.
1.
Trademark, service mark or logo, defined as a word, phrase, symbol, or design or combination thereof that identifies and distinguishes the source of the goods or services from others;
2.
Standardized building architecture including but not limited to façade design and signage;
3.
Standardized color scheme used throughout the exterior of the establishment, including color associated with signs and logos.
Funeral Home. A type of Retail or Consumer Service Establishment whose principal use is to prepare the deceased for burial display and for rituals before burial or cremation, including but not limited to chapels, crematoriums, and showrooms for the display and sale of caskets, vaults, urns, and other items related to burial services.
Government Facility, Other. Land or structure of the federal government, the Commonwealth of Massachusetts, Middlesex County or any other supra-local governmental body or agency.
Grade. The mean finished ground elevation of a lot measured either around the entire perimeter of the building or along any existing wall facing a public street, which ground elevation is maintained naturally without any structural support.
Green Building Professional. A licensed architect or engineer who holds a credential from a Green Building Rating Program indicating advanced knowledge and experience in environmentally sustainable development in general as well as specific Green Building Rating Systems or otherwise possesses comparable experience in environmentally sustainable development in accordance with the provisions of Section 22.20 of this Zoning Ordinance. In instances where a Green Building Rating Program that does not offer such a credential is being applied to meet the provisions of Section 22.20, the designated Green Building Professional shall have demonstrated experience as a project architect or engineer, or as a consultant providing third-party review, on at least three (3) projects that have been certified using the applicable Green Building Rating Program.
Green Building Project. Any new construction, or any substantial rehabilitation of an existing building for an existing or new use, that totals 25,000 square feet of Gross Floor Area or more and that (1) requires the issuance of a special permit by the Planning Board under any provision of this Zoning Ordinance (including but not limited to special permits required in Article 13.000 - Planned Unit Development Districts, Section 19.20 - Project Review Special Permit, and Section 5.28.2 - Conversion of Non-Residential Structures to Residential Use) or (2) is subject to the provisions of Section 19.50 - Building and Site Plan Requirements, shall be considered a Green Building Project subject to the requirements of Sections 22.20 through 22.25.
Green Building Rating Program. A collection of activities and services directed by a nationally- recognized organization to promote environmentally sustainable urban development and to recognize projects that achieve defined environmentally sustainable development objectives, including the establishment and oversight of one or more Green Building Rating Systems in accordance with the provisions of Section 22.20 of this Zoning Ordinance.
Green Building Rating System. A specific set of design standards for environmentally sustainable performance established under the auspices of a Green Building Rating Program against which a project or building design may be evaluated in accordance with the provisions of Section 22.20 of this Zoning Ordinance.
Green Commissioning. The process of verifying and documenting by a Green Commissioning Authority that a building and all of its systems and assemblies are planned, designed, installed, tested, operated, and maintained to meet specified levels of environmentally sustainable performance in accordance with the provisions of Section 22.20 of this Zoning Ordinance.
Green Commissioning Authority. An entity which has been approved by a Green Building Rating Program to certify that a building meets or can meet the requirements of the Green Building Rating System and which has been identified by the Owner to lead, plan, schedule, and coordinate the implementation of the Green Commissioning process in accordance with the provisions of Section 22.20 of this Zoning Ordinance. The Green Commissioning Authority must have documented Green Commissioning process experience on at least two building projects with a scope of work similar to the proposed project extending from early design phase through at least ten (10) months of occupancy. The Green Commissioning Authority may be a qualified employee of the Owner, an independent consultant, or a disinterested subcontractor of the design team for the Owner of the property on which the Green Building Project is located.
Green Façade. A vertical system, attached to existing walls or built as freestanding structures, designed to support the growth of plants on a lattice, cable, mesh, or similar wall surface. The growing medium for Green Façades may be at grade or elevated in planters at the base of the structure or at intermediate levels.
Green Factor. A specific performance-based design standard to assess the overall cooling performance of buildings and sites, set forth in Section 22.90 of this Zoning Ordinance.
Green Roof Area. Area atop a roof surface on a building that is covered by a layer of living vegetation planted in a minimum of four (4) inches of growth medium over a waterproofing system in accordance with the provisions of Section 22.30 of this Zoning Ordinance. (Also known as a vegetated roof.)
Green Roof Area, Biosolar. Green Roof Area integrated with a Solar Energy System.
Grocery Store. A type of Retail or Consumer Service Establishment whose principal use is the sale of fresh or packaged food products to consumers for use off the premises, which may additionally provide general household supplies.
Ground Story or Ground Floor. The lowest Story Above Grade within a building.
Guest Unit. A room or group of rooms made available as a transient accommodation to a group of one or more persons who reside elsewhere.
Height of Building. The vertical distance of the highest point of the roof above the mean grade of the ground adjoining the building.
Helipad. Any area of land or water, or building, other than an airport which is made available for the landing and takeoff of helicopters or other aircraft.
Hen. A domestic female chicken.
Hen Run or Pen. An outdoor structure for the containment of hens that is enclosed on all sides and top by any material preventing contact with pests, predators, and other bird species but remaining open to the outside air.
Henkeeping. The housing of female chickens (i.e., hens) on a lot.
Henhouse or Coop. An enclosed, weather-protected structure for the shelter of hens and their nests.
High Planting Area. A type of Planting Area that supports tall herbaceous or woody plants, such as shrubs, and has a minimum soil depth of eighteen (18) inches.
Home Occupation. For an occupation customarily carried on at home, the use of a room in a dwelling as an office, studio, or work room by a person residing on the premises and in connection with which there is kept no stock in trade nor commodity sold on the premises.
Hospital An institution under Section 51, Chapter 111, G.L., for the purpose of caring for persons admitted thereto for diagnosis, medical, surgical or restorative treatment which is rendered in said institution.
Hotel or Motel. A transient accommodation containing guest units that are not owned or operated by a residential household residing on the premises, and which may or may not include amenities such as dining, recreation, and entertainment.
Incentive Project. Any new development that consists of at least thirty thousand (30,000) square feet of Gross Floor Area devoted to one or more of the following uses listed in Section 4.30 of the Zoning Ordinance: Sections 4.31.1 b (Hotel or motel), 4.32 f (Radio and television studio), 4.33 b-5 (College or University not exempt by statute, specifically including those uses and facilities listed in Subsection 4.56 c-4, c-5, and c-6), 4.33 c (Noncommercial Research Facility), 4.33 d (Health Care Facilities), 4.33 e (Social Service Facilities), 4.34 (Office and Laboratory Use), 4.35 (Retail or Consumer Service Establishments), 4.36 (Outdoor Retail or Consumer Service Establishments), 4.37 (Light Industry, Wholesale Business and Storage), and 4.38 (Heavy Industry). For the purpose of this definition, new development shall mean (1) construction of new buildings or additions to existing buildings to accommodate uses in the above list, (2) substantial rehabilitation of buildings to accommodate uses in the above list for which the buildings were not originally used, or (3) Gross Floor Area whose use is changed from a use not included in the above list to a use included in the above list. In no case shall Gross Floor Area devoted to a Municipal Service Facility or Other Government Facility be considered an Incentive Project. Notwithstanding the foregoing, this definition shall not apply to existing floor area that is demolished and has obtained a building permit for reconstruction within three years as part of a building project so long as there is no change of use.
Inclusionary Housing Project. Any development of detached single-family, two-family, multifamily, and townhouse housing, elderly oriented congregate housing, and lodging houses as set forth in Sections 4.31 a-i, or development which includes any such residential use and at least one non-residential use, that creates at least ten (10) dwelling units or at least ten thousand (10,000) square feet of residential Gross Floor Area on one (1) lot or Development Parcel or two (2) or more adjoining lots in common ownership or under common control at any time within five (5) years following the first date of application for any special or building permit for development on the lot or lots or at any time within the twelve (12) months immediately preceding the first date of application for any special or building permit. For the purpose of this definition, development shall include (1) construction of new buildings or additions; (2) increasing the number of dwelling units or amount of residential Gross Floor Area within an existing residential building; (3) occupancy of existing buildings which have not been used for any residential use for a period of at least two (2) years; or (4) conversion of Gross Floor Area in existing buildings from non-residential to residential use. Development of fewer than ten (10) dwelling units and fewer than ten thousand (10,000) square feet of residential Gross Floor Area may be an Inclusionary Housing Project where the owner chooses voluntarily to comply with the provisions of Section 11.203.
Indoor Auto Sales Facility. A type of Retail or Consumer Service Establishment whose principal use is to display new and used cars, trailers, motorcycles, or similar automotive vehicles for sale or rental, provided that all activities are conducted entirely within a building and no major repairs are made on the premises.
Institutional Use. The use of land or structures for the non-profit charitable, benevolent, spiritual, instructional or custodial activities of government, education, religious, health care, social service, fraternal/sorority or similar organizations.
Lawn Area. A type of Planting Area that supports sod or seeded tall grasses and has a minimum soil depth of eight (8) inches.
Living Wall. A vertical system comprised of pre-vegetated panels affixed to an exterior structural wall or free-standing frame. The surface of Living Walls is designed to be continuously covered with vegetation and the growing medium is distributed throughout the surface of the system.
Lodging House (also known as "Rooming House" or "Boarding House"). A residence in which rooming units are separately rented to residential households and in which occupants of different rooming units may share bathroom, kitchen, eating, or living facilities but do not live together as a single housekeeping unit. The term Lodging House shall include fraternity housing but shall not include 1) dormitories of charitable, educational, or philanthropic institutions, 2) convalescent or nursing homes licensed under section seventy-one of chapter one hundred and eleven of the Massachusetts General Laws or rest homes so licensed, or 3) group residences licensed or regulated by agencies of the commonwealth.
Long-Term Flood Elevations ("LTFEs"). Projected elevations of future flood risk due to certain types and probabilities of flood events, promulgated by the City Engineer in accordance with the provisions of Section 22.80 of this Zoning Ordinance.
Lot. A parcel of land in identical ownership throughout, bounded by other lots or by streets, which is designated by its owner to be used, developed or built upon as a unit.
Lot Depth. The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
Lot Line, Front. A line separating the lot from the street or from a building line if such has been established.
Lot Line, Rear. A line most distant and opposite from the front lot line; where the lot is irregular, a line perpendicular to the mean direction of the side lot lines, and at least ten (10) feet in length within the lot.
Lot Width. The horizontal distance between the side lot lines measured perpendicular to the mean direction of the side lot lines.
Low Planting Area. A type of Planting Area that supports short herbaceous or woody plants, such as shrubs, and has a minimum soil depth of twelve (12) inches.
Merchandise Store. A type of Retail or Consumer Service Establishment, not otherwise defined as a Convenience Store, Grocery Store, Cannabis Retail Store, or other use defined in this Zoning Ordinance, whose principal use is the retail sale of consumer goods on the premises and where no manufacturing, production or assembly of products occurs on the premises.
Municipal Service Facility. Use of land or structures by the City of Cambridge or other municipality for maintenance operations, public utilities, public works and similar governmental functions.
Neighborhood. That geographical area within Cambridge whose boundaries are defined on the Cambridge Planning Board's map entitled "Cambridge Neighborhoods", as attached hereto and incorporated herein by reference.
Nonconforming structure. Any structure which does not conform to the dimensional requirements in Article 5.000 or to the parking and loading requirements in Article 6.000 of this Ordinance for the district in which it is located; provided that such structure was in existence and lawful at the time the applicable provisions of this or prior zoning ordinances became effective.
Nonconforming use. A use of a building, structure or lot that does not conform to the use regulations of Article 4.000 of this Ordinance for the district in which it is located; provided that such use was in existence and lawful at the time the applicable provisions of this or prior zoning ordinances became effective.
Open-Lot Retail Sales Establishment. A type of Outdoor Retail or Consumer Service Establishment whose principal use is the sale of goods directly to consumers for use off the premises where such goods are customarily displayed in an outdoor environment, including but not limited to flowers, garden supplies, agricultural produce, landscape materials, and gravestones.
Open Space, Green Area. A landscaped area of land associated with and located on the same tract of land as a major building or group of buildings in relation to which it serves to provide light and air, or scenic, recreational, or similar purposes.
Open Space, Permeable. A kind of Green Area Open Space in which the surface material must be permeable but which surface material is not limited or restricted as to type.
Open Space, Public. An area owned or controlled by the City of Cambridge or other public entity that is intended for public use and is designed for either environmental, scenic, or recreation purposes.
Open Space, Publicly Beneficial. A portion of a structure, a lot or other area of land associated with and adjacent to a building or group of buildings in relation to which it serves to provide light and air, or scenic, recreation, pedestrian amenity or similar purposes.
Open Space, Private. The part or parts of a lot or structure which are reserved for the use of occupants of a building which is used wholly, or in part, for residential purposes. This space shall have minimum dimensions as prescribed in the Ordinance, shall exclude parking areas, driveways, and walkways, and shall be open and unobstructed to the sky.
Outdoor Auto Sales Facility. A type of Outdoor Retail or Consumer Service Establishment in which new and used cars, trailers, motorcycles, or similar automotive vehicles are displayed for sale or rental partly or wholly on an open-air lot, provided that no major repairs are made on the premises.
Outdoor Entertainment and Recreation Facility. A type of Outdoor Retail or Consumer Service Establishment, not including a public park or public recreation facility, whose principal use is to provide entertainment and/or recreational activities taking place partly or wholly outdoors to patrons who are charged a use, entrance, or membership fee or required to make other purchases to participate and which does not require the use of an automobile, including but not limited to neighborhood skating rinks, climbing areas, lawn or court games, playgrounds, sports fields, or similar facilities.
Outdoor Retail or Consumer Service Establishment. An establishment otherwise meeting the definition of a Retail or Consumer Service Establishment but for which sales and/or services are customarily conducted partly or wholly outdoors.
Owner. Every person who alone or jointly or severally with others (a) has legal title to any land, building or structure; or (b) has care, charge, or control of any land, building, or structure in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder or legal title; or (c) lessee under a written letting agreement; or (d) mortgagee in possession; or (e) agent, trustee or other person appointed by the courts.
Parking facility. A portion of a building or a lot which is located off-street and contains one or more motor vehicle parking spaces and access thereto including driveways. A parking facility may be a garage, an area of a lot or a parking lot. A parking facility may be an accessory use or a principal use or any combination thereof. For the purposes of this definition a parking facility shall include parking required by Section 6.30 and any other off-street parking provided.
Parking facility, accessory. A parking facility developed to serve the residents, occupants, employees, patrons or other users of a particular land use of building. An accessory parking facility shall be subordinate and customarily incidental to the principal use.
Parking Space. An area in a parking facility available to the storage of one motor vehicle with free and unimpeded access to a street over unobstructed passageways, aisles or driveways. However, the unimpeded access requirement may be waived only as provided in Subsection 6.43.2.
Peer-to-Peer Carsharing. An off-street parking space which is used for the storage of a privately-owned vehicle that is made available from time-to-time for use by other individuals in need of an automobile for personal use. Peer-to-Peer Carsharing is distinct from Carsharing and shall not be subject to the provisions of Section 6.24 of the Zoning Ordinance.
Performing Arts Studio. A room or group of rooms used by performing artists for the study, practice, or rehearsal of performing arts, including but not limited to music, dance, and theater, which may host occasional small performances by users of the space but which is not primarily intended to host performances for the general public.
Personal Services Establishment. A type of Retail or Consumer Service Establishment whose principal use is to provide non-professional services directly to the consumer, including but not limited to hair, skin and nail care, tailoring, repair of shoes and other household items, electronics repair, bicycle repair, self-service or drop-off laundry (including off-site dry cleaning), printing, copying, and photographic services, mailing and shipping services, or similar services, but not including the servicing of automobiles or other activities involving the use of hazardous materials on the premises.
Planned Unit Development. A land development project comprehensively planned by the developer with a single site plan for a parcel of a size eligible for PUD designation. A PUD is designed to permit flexibility in building siting, mixtures of housing types and land uses, private open spaces, and the preservation of significant natural features.
Planting Area. A landscaped area of land capable of supporting the growth of trees, grass, ground cover, shrubs, and similar vegetation.
Principal front wall plane. That face, side or elevation of a building most closely oriented towards the street, excluding porches, window bays and similar appendages. If there is more than one such front wall plane, the principal front wall plane shall be the one with the greatest front surface area. Buildings on corner lots may be considered to have more than one principal front wall plane.
Public Bicycle-Sharing Service. A system operated under the auspices of a program administered and/or approved by the City of Cambridge whose function is to provide the general public with opportunities to rent bicycles on a short-term basis for use within the city or region.
Public Bicycle-Sharing Station. A bicycle sharing facility placed of constructed by a Public Bicycle-Sharing Service o public or private property where bicycles are stored and from which members of the public may rent bicycles as part of a Public Bicycle-Sharing Service including objects or equipment necessary for or appurtenant to its operation.
Publicly-accessible, Privately-owned Electric Vehicle Charging. An electric vehicle charging system and its attendant off-street parking space that is made available from time-to-time for use by other individuals in need of an electric vehicle charging system for personal use.
Quick-Service Food Establishment. A type of Retail or Consumer Service Establishment whose principal use is the service of food or beverages available upon a short waiting time and packaged and presented in such a manner that it can be readily eaten on or off the premises, but does not meet the definition of a Food Stand or Kiosk.
Religious purposes. Places of worship and other religious institutions or purposes exempted from prohibition, regulation or restriction as provided in Section 3, Chapter 40A, G.L.
Residence. A building, or portion thereof, used as a place of habitation and home address for one or more residential households who intend to remain there for some indefinite time period, generally more than 30 consecutive days.
Residential Household or Family. One person or a group of two or more persons occupying a single dwelling unit or rooming unit within a residence and living together as a single housekeeping unit, including but not limited to occupants who are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the "Fair Housing Amendments Act of 1988," but not including persons who occupy separate rooming units within a lodging house.
Restaurant. A type of Retail or Consumer Service Establishment whose principal use is to serve prepared food and beverages (including alcoholic beverages served with meals, if properly licensed) to be consumed on the premises using non-disposable dishware, glassware, and utensils, and providing table seating for patrons.
Retail or Consumer Service Establishment. An establishment whose principal use is the commercial provision of goods, personal services, prepared food and beverage, entertainment, recreational activities, or similar services (but excluding professional or financial services) directly to consumers. Such provision of goods and consumer services shall be conducted on-site, but may be supplemented by telephone and online transactions and delivery services.
Rooming Unit. A room or group of rooms used for sleeping and living in a lodging house that are rented to be used as a residence for a single residential household.
Rooster. A domestic male chicken.
Shade Canopy. An unenclosed structure that is freestanding or attached to a building, such as a pergola, arbor, porch cover, or awning, which is intended to protect outdoor areas from solar heat gain, and whose upper surface (which may be porous or nonporous) has a minimum Solar Reflectance Index (SRI) of 0.82 except in the case of a Solar Canopy.
Shaded Area. An outdoor area of a building or lot that is directly beneath a Shade Canopy as defined in this Zoning Ordinance, and that is horizontally open to the air on at least fifty percent (50%) of its perimeter.
Signs. Signs shall mean and include any permanent or temporary structure, device, letter, words, model, banner, pennant, insignia, trade flag, or representation used as, or which is in nature of, advertisement, announcement, or direction and which is designed to be seen from the outside of a building.
Sign frontage. The length of a building, or the length of a separate and distinct ground floor establishment, abutting a street. The length of the building or ground floor establishment shall be that as defined in Section 5.24.4 of this Ordinance.
Signs, illumination of.
1.
Natural - natural or ambient light.
2.
External - artificial illumination from a light source which provides light directly onto the sign face, or portions of the sign face, or its background, which light is then reflected back to the viewer.
3.
Internal - artificial illumination from a light source located behind the sign face and which transmits light through the sign face or portions of the sign face to the viewer. Exposed neon tubing and similar lighting shall be considered internal illumination.
4.
Indirect - placement of the artificial light device such that the source of light cannot be seen from a public way.
Signs, types of.
1.
Free-standing Sign - A sign that is attached to or part of a completely self supporting structure and which is not attached to any building or other structure.
2.
Projecting Sign - Any sign, other than a wall sign or free standing sign, that is attached to and projects from a building face. A projecting sign shall include marquee, canopy, and awning-mounted signs.
3.
Reserved.
4.
Wall Sign - Any sign affixed in such a way that its exposed face and all sign area is parallel or approximately parallel to the plane of the building to which it attached. A wall sign shall be considered a projecting sign if the sign face projects more than twelve (12) inches from the face of the building. Wall signs shall include signs located on or behind the surface of windows; such a sign may not in total area exceed thirty (30) percent of glass area of any window to which it is appurtenant.
Signs, related definitions.
1.
Ground floor establishment - A separate and distinct use, business, enterprise, or institution having a separate public entrance to the outside of a building, which entrance is at grade or within six feet of grade as measured at the street line.
2.
Premises - That part of a lot, building, or structure occupied by a business, enterprise, institution, or other person and which is distinct and separate from the place occupied by any other business, enterprise, institution or other person.
Social Service Center. A facility where counseling, limited short-term custodial care or similar special services are provided to persons on a walk-in or appointment basis under the aegis of a nonprofit agency.
Solar Canopy. A Shade Canopy that is covered in whole or in part by a Solar Energy System; the portion covered by a Solar Energy System shall not have a minimum Solar Reflectance Index (SRI).
SRI or Solar Reflectance Index. The measure of a constructed surface's ability to stay cool in the sun by reflecting solar radiation and emitting thermal radiation, as defined by ASTM International. It is expressed as a unitless value ranging from 0 to 100, with 0 representing the lowest possible solar reflectance and 100 representing the highest possible solar reflectance.
Story. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
Story Above Grade. A Story whose highest point is more than 4 feet above the Grade.
Story Below Grade. Any Story that is lower than the Ground Story of a building.
Street. The right of way, including sidewalks, of a public way, or a private way open to public use, used or intended for use by automobile traffic, including highways, parkways, alleys, courts and squares used or intended for this purpose, to which owners of abutting land have a right of access.
Street line. The line separating a street from a lot.
Structure. A combination of materials assembled at a fixed location to give support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, bin, fence, sign, flagpole or the like.
Subdivided lot. A lot that has been created through the subdivision of a parcel of land on which a townhouse development is constructed. Said lot is created for the purpose of selling an individual semi-detached dwelling together with the land upon which it is constructed.
Temporary Outdoor Retail or Consumer Service Use. The use of an open-air lot containing another principal or accessory use (including, but not limited to, a parking lot), for the purpose of any retail and/or consumer service activities such as sales, food service, entertainment, and/or recreation, provided that:
(a)
such activities are in full compliance with federal, state and local laws, codes, and regulations, including applicable licensing and/or permitting requirements;
(b)
such activities take place during limited hours on a total of no more than 120 consecutive or non-consecutive days within a calendar year;
(c)
any temporary structures, such as tents, booths, tables, stages, or other equipment, are secured or removed during periods when not in use.
Theater. A type of Retail or Consumer Service Establishment whose principal use is to host live or recorded performances, lectures, or exhibitions for seated audiences, including but not limited to cinemas, performance halls, and other halls for public gatherings.
Tourist House (including "Bed and Breakfast"). A transient accommodation containing guest units that are owned or operated by a residential household residing on the premises, and which may or may not offer breakfast to guests.
Transient Accommodation. A building, or portion thereof, used as sleeping and/or living space for stays of a limited duration, generally not more than 30 consecutive days, by one or more persons who are not owners or tenants and whose home address is elsewhere.
Townhouse Development. The development (through conversion, addition to existing buildings, or new construction) of two or more semi-detached dwellings in one or more structures, with at least two semi-detached dwellings in each structure, on a single parcel of land.
Tree. A woody perennial plant, typically having a single thick stem or trunk, that grows to a considerable height and has lateral branches at some distance from the ground, planted and maintained in accordance with guidelines promulgated by the Department of Public Works.
Tree, Canopy. A large, tall tree that has a well-defined trunk and a distinct and definite formed crown. Canopy trees are intended to provide shade and typically reach a canopy spread of twenty-five (25) feet or larger at maturity.
Tree, Understory. A type of tree that is small enough and sufficiently shade tolerant to thrive under the canopies of taller trees. Understory trees form a vegetative layer between low-lying ground cover and tall canopy trees. Understory trees typically reach a canopy spread of eight (8) to fifteen (15) feet at maturity.
Use, principal. The principal purpose for which a lot or the main building thereon is designed, arranged, or intended, and for which it is or may be used, occupied or maintained.
Yard. An open unoccupied space on the same lot with a building, open and unobstructed from the ground to the sky.
Yard, front. The yard extending across the full width of the lot and lying between the front street line, or the building line where such may have been established on the lot, and the nearest part of a building.
Yard, rear. The yard extending across the full width of the lot and lying between the rear line of the lot and the nearest part of a building.
Yard, side. The yard between the side line of the lot and the nearest part of a building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear lot line, as may be.
(Ord. No. 1404, 12-17-2018; Ord. No. 1412, 12-9-2019; Ord. No. 2020-8, 10-5-2020; Ord. No. 2020-25, 5-3-2021; Ord. No. 2021-3, pt. 1A—1D, § v, 6-7-2021; Ord. No. 2021-8, 6-28-2021; Ord. No. 2022-14, 10-17-2022; Ord. No. 2022-9, 2-27-2023; Ord. No. 2023-2, 6-12-2023; Ord. No. 2023-7, 10-16-2023; Ord. No. 2023-9, 11-20-2023; Ord. No. 2024-2, 6-24-2024; Ord. No. 2024-5, 12-23-2024; Ord. No. 2024-9, 12-16-2024; Ord. No. 2025-1, 2-10-2025)
000 - DEFINITIONS
For the purpose of this Ordinance certain words and terms are hereby defined. The definitions set forth in the State Building Code are also applicable, where appropriate, with respect to words and terms not defined herein. Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word "lot" includes "plot", the word "building" includes "structure"; the word "occupied" includes "designed, arranged," or "intended to be occupied". Where the verb "use" is employed it shall be construed as if followed by the words "or is intended, arranged, designed, built, altered, converted, rented, or leased to be used", the word "shall" is mandatory and "may" is permissive or discretionary.
Accessory Apartment. An accessory use with one or more rooms with separate kitchen and bathroom facilities, constituting a dwelling unit, located within and under the same ownership as a single or two-family detached dwelling and used as the residence of one residential household.
Accessory Building. A building subordinate to, and located on the same lot (or on an abutting lot in the same ownership) as the main or principal building or principal use, the use of which is customarily incidental to that of the principal building or use of the land.
Accessory Use. A use subordinate to the principal use and customarily incidental to the principal use.
Affordable Housing Overlay (AHO). A set of modified development standards set forth in Section 11.207.3 of this Zoning Ordinance intended to allow incremental increases in density, limited increases in height, and relaxation of certain other zoning limitations for residential developments in which all units are made permanently affordable to households earning up to 100% of area median income.
Affordable Housing Overlay (AHO) Dwelling Unit. A dwelling unit within an AHO Project for which occupancy is restricted to an AHO Eligible Household and whose rent or initial sale price is established by the provisions of Section 11.207.3 of this Zoning Ordinance.
Affordable Housing Overlay (AHO) Eligible Household. A household whose gross household income does not exceed the amounts set forth in Section 11.207.3 of this Zoning Ordinance.
Affordable Housing Overlay (AHO) Project. The construction of a new building or buildings and/or the modification of an existing building or buildings resulting in single-family, two-family, townhouse, or multifamily dwellings within which each dwelling unit is an AHO Dwelling Unit subject to the standards and restrictions set forth in Section 11.207 of this Zoning Ordinance.
AHO Corridor Lot. An AHO Lot that has a Front Lot Line on one or more of the following streets: Albany Street, Alewife Brook Parkway, Bishop Allen Drive, Broadway, Cambridge Street, Concord Avenue, First Street, Fresh Pond Parkway, Massachusetts Avenue, Memorial Drive, Mount Auburn Street, Prospect Street, and Sidney Street.
AHO Lot. A Lot, as defined in this Article 2.000, on which an AHO Project is proposed, whether or not there are other existing or proposed uses on the Lot that do not meet the definition of an AHO Project.
AHO Square District. One of the following Zoning Districts or areas: the Central Square Overlay District, Harvard Square Overlay District, Lesley Porter Overlay District, or the area bounded by the centerline of Elm Street to the west, the Somerville/Cambridge municipal boundary to the north, the centerline of Windsor Street to the east, and Cambridge Street to the south; but not including the premises shown on Cambridge Assessor's Map #81 Lots 81-50, 81-101, or 81-100.
Animal Services Facility. A type of Retail or Consumer Service Establishment whose principal use is to provide services related to household pets where such animals are kept on the premises, including but not limited to veterinary care, grooming, shelter, kenneling, obedience training, pet day care, or interaction with pets housed on the premises.
Apiary. A location or structure on a lot containing one or more beehives and associated beekeeping equipment.
Area Median Income (AMI) The Housing Area Median Family Income set forth in or calculated from regulations promulgated by the United States Department of Housing and Urban Development pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974, determined for the Boston-Cambridge-Quincy, MA-NH Metropolitan Statistical Area and adjusted for family size, or if such income standard no longer exists, such other equivalent income standard determined by the Community Development Department with the advice of the Affordable Housing Trust.
Art/Craft Studio. A room or group of rooms used by artists and craftspeople in the creation of their work, including: painting, photography, sculpture, ceramics and other related arts and crafts.
Auto Service Station. A type of Outdoor Retail or Consumer Service Establishment whose principal use is to provide petroleum fuel for automobiles and other vehicles within an open or partially enclosed area and/or where inspections and services such as oil changes, tire changes, and minor repairs are conducted within a building, but where no major repairs are made.
Auto Wash. A type of Outdoor Retail or Consumer Service Establishment whose principal use is to clean automobiles and other vehicles using mechanical equipment.
Automatic Amusement Device. Any mechanism whereby, through the insertion of a coin or token, any apparatus is released or set in motion or is put in a position where it may be in motion for the purpose of playing any game, involving in whole or in part, the skill of the player, including, but not exclusively, such devices as are commonly known as pinball machines, including free play pinball machines.
Automobile Oriented Fast Order Food Service Establishments. A fast order food service establishment which provides a greater number of parking spaces than is required by the Zoning Ordinance.
Bakery, Retail. A type of Retail or Consumer Service Establishment whose principal use is the sale of breads, pastries, cakes, pies and similar baked goods for consumption by the final customer at home whether or not final baking occurs on premises.
Bar. A type of Retail or Consumer Service Establishment whose principal use is to serve alcoholic beverages, but which is not licensed to prepare or serve food.
Bee. Any life stage of the common domestic honey bee, Apis mellifera.
Bee Colony. An aggregate of worker bees, drones, a single queen, and brood living together as one social unit.
Beekeeping. The housing of one or more bee colonies on a lot for the purpose of collecting products including honey, beeswax, propolis, pollen, and royal jelly, and/or to support the ecological benefits of pollination.
Beehive. A structure intended for the housing of one Bee Colony.
Bicycle Parking. The accessory storage of non-motorized bicycles (which may include trailers or other customary accessories) in a secure manner that allows for quick and convenient access, storage and removal of the bicycles by users who are making trips to or from the associated principal use. A facility that provides Bicycle Parking shall conform to the standards set forth in Section 6.100 of this Zoning Ordinance.
Building. Any structure built for support, shelter, or enclosure of persons, animals, chattels, or property of any kind.
Cannabis Courier Establishment. An establishment licensed as a Marijuana Courier by the Massachusetts Cannabis Control Commission that is authorized to operate pursuant to that license, including to deliver cannabis or marijuana products, accessories and branded goods from a Cannabis Retail Store to consumers, in accordance with applicable state laws and regulations, but not authorized to sell cannabis or marijuana products directly to consumers.
Cannabis Cultivator. An entity licensed by the Massachusetts Cannabis Control Commission as a Marijuana Cultivator to cultivate, process and package cannabis or marijuana, and to transfer cannabis or marijuana to other Cannabis or Marijuana Establishments, but not to consumers. A Craft Marijuana Cooperative is a type of Marijuana Cultivator, pursuant to 935 CMR 500.000.
Cannabis Delivery Operator Establishment. An establishment licensed as a Marijuana Delivery Operator by the Massachusetts Cannabis Control Commission and authorized to purchase at wholesale and warehouse on the site cannabis or marijuana products acquired from a Cannabis Cultivator, Cannabis Product Manufacturer, Cannabis Microbusiness or Craft Marijuana Cooperative, and to sell and deliver cannabis or marijuana products, accessories and branded goods directly to consumers in accordance with applicable state laws and regulations, but not authorized to repackage cannabis or marijuana products or to sell cannabis or marijuana products to consumers on-site.
Cannabis Dispensary, Registered, also known as Registered Marijuana Dispensary, RMD or Medical Marijuana Treatment Center. An entity licensed under 935 CMR 501.101 that acquires, cultivates, possesses, processes (including development of related products such as edible cannabis products, tinctures, aerosols, oils or ointments), repackages, transfers, transports, sells, distributes, dispenses, or administers cannabis or marijuana products, related supplies, or educational materials to registered qualifying patients or their personal caregivers for medical use in accordance with applicable state laws and regulations. Unless otherwise specified, RMD refers to the site(s) of dispensing, cultivation, and preparation of cannabis or marijuana for medical use.
Cannabis Establishment. A Marijuana Cultivator, Craft Marijuana Cooperative, Marijuana Product Manufacturer, Marijuana Microbusiness, Marijuana Retailer, Independent Testing Laboratory, Marijuana Research Facility, Marijuana Transporter, Marijuana Courier, Marijuana Delivery Operator, or any other type of marijuana-related business licensed by the Massachusetts Cannabis Control Commission, except a medical marijuana treatment center.
Cannabis Independent Testing Laboratory. A laboratory that is licensed by the Massachusetts Cannabis Control Commission as an Independent Testing Laboratory and is operating in accordance with applicable state laws and regulations.
Cannabis Microbusiness. A co-located Cannabis or Marijuana Establishment that can be either a Tier 1 Marijuana Cultivator or Product Manufacturer or both, pursuant to 935 CMR 500.00, in compliance with the operating procedures for each license and, if in receipt of a Delivery Endorsement issued by the Cannabis Control Commission, may deliver Cannabis or Cannabis Products produced at the licensed location directly to Consumers in compliance with established regulatory requirements for retail sale as it relates to delivery. A Microbusiness that is a Cannabis Marijuana Product Manufacturer may purchase no more than 2,000 pounds of marijuana per year from other Cannabis Marijuana Establishments, pursuant to 935 CMR 500.000.
Cannabis Product Manufacturer. An entity licensed by the Massachusetts Cannabis Control Commission as a Marijuana Product Manufacturer to obtain, manufacture, process and package cannabis or marijuana products and to transfer these products to other Cannabis or Marijuana Establishments, but not to consumers.
Cannabis Production Facility. An establishment authorized to cultivate, manufacture, process, or package cannabis or marijuana products, in accordance with applicable state laws and regulations. A Cannabis Production Facility may be licensed to operate as a Cannabis Microbusiness, Cannabis or Marijuana Cultivator, or Cannabis or Marijuana Product Manufacturer, or registered as a Medical Marijuana Treatment Center (also known as a Registered Marijuana Dispensary or RMD), or both, in accordance with applicable state laws and regulations.
Cannabis Products. Cannabis or marijuana and its products unless otherwise indicated. These include products that have been manufactured and contain cannabis or marijuana or an extract from cannabis or marijuana, including concentrated forms of cannabis or marijuana and products composed of cannabis or marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
Cannabis Research Facility. An entity licensed to engage in research projects by the Massachusetts Cannabis Control Commission.
Cannabis Retail Store. An establishment authorized to sell or otherwise transfer cannabis or marijuana products to consumers for use off the premises, but not to cultivate, manufacture, process, or package cannabis or marijuana products, in accordance with applicable state laws and regulations. A Cannabis Retail Store may be licensed to operate as a Cannabis or Marijuana Retailer or registered as a Medical Marijuana Treatment Center (also known as a Registered Marijuana Dispensary or RMD), or both, in accordance with applicable state laws and regulations.
Cannabis Retailer. An entity licensed by the Massachusetts Cannabis Control Commission as a Marijuana Retailer to purchase, repackage, white label and transport cannabis or marijuana products from Cannabis or Marijuana Establishments and to sell or otherwise transfer these products to Cannabis Marijuana Establishments and to consumers. Unless licensed, retailers are prohibited from delivering cannabis or marijuana products to consumers; and from offering cannabis or marijuana products for the purposes of on-site social consumption on the premises of a Cannabis or Marijuana Establishment.
Cannabis Use. A Cannabis Courier Establishment, Cannabis Delivery Operator Establishment, Cannabis Production Facility or Cannabis Retail Store, as defined in this Zoning Ordinance.
Chicken. Any breed of the domestic species Gallus gallus domesticus.
Clinic. An institution licensed under Sec. 51, Chapter 111, G.L., for the purpose of providing medical, surgical, dental, or restorative or mental hygienic services to persons not residing therein.
Commercial Recreation Establishment. A type of Retail or Consumer Service Establishment whose principal use is to provide entertainment or recreation services to the general public, wholly in an enclosed building, and for which user fees are charged and which is operated for profit, such as but not limited to a bowling alley, skating or skateboard rink, pool hall, billiard parlor, establishment containing more than three pinball machines or similar automatic amusement devices, or game room.
Community Center. A multipurpose family center, community facility or other social service establishment not elsewhere classified in this Ordinance where a variety of recreational, educational, social, health care or counseling services are provided under the aegis of a non-profit agency.
Convenience Store. A type of Retail or Consumer Service Establishment whose principal use is the retail sale of convenience goods directly to consumers, such as drug stores, food stores, tobacco, newspaper and magazine stores, variety stores, and liquor stores, not exceeding 5,000 square feet in total sales area (excluding storage).
Cool Area. The weighted area of features on a site that contribute to its Cool Score according to the Green Factor standards set forth in Section 22.90 of this Zoning Ordinance.
Cool Score. The metric used to determine if a project meets the Green Factor standard set forth in Section 22.90 of this Zoning Ordinance.
Cool Target. The metric used in determining the amount of Cool Area necessary to meet the Green Factor standard set forth in Section 22.90 of this Zoning Ordinance.
Cornice Line. The line which marks the horizontal edge at the top of the principal front wall plane of a structure.
Craft Beverage Establishment. A type of Retail or Consumer Service Establishment whose principal use is to serve non-alcoholic or alcoholic (if properly licensed) beverages that are produced and consumed on the premises (although such beverages may additionally be packaged and distributed at wholesale), provided that all production and packaging activities are conducted principally within a building and such activities do not occupy more than 10,000 square feet of Gross Floor Area (activities exceeding such size or excluding on-premises service shall be classified as Light Industry).
Craft Retail and Production Shop. A type of Retail or Consumer Service Establishment whose principal use is the sale of consumer goods that are manufactured, produced or assembled for sale on the premises for use by consumers off the premises (although such goods may additionally be distributed at wholesale), provided that all manufacturing, production, assembly, packaging, display, and sales activities are conducted within a building and do not occupy more than 10,000 square feet of Gross Floor Area (manufacturing or assembly uses exceeding such size or excluding retail sales shall be classified as Light Industry).
Dance Hall or Nightclub. A type of Retail or Consumer Service Establishment whose principal use is to provide live or recorded music and dancing for which patrons are charged a use or membership fee or are required to make other purchases to participate.
Development Parcel. The total land included within a Planned Unit Development, irrespective of the number or configuration of lots. A development parcel may include land in more than one ownership. In computing the area of a development parcel, both land and water areas within such parcel may be counted. A development parcel shall contain contiguous lots only, unless the regulations for a specific planned unit development district explicitly provides for development parcels containing non-contiguous lots. However in no instance shall non-contiguous lots be separated by more than twelve-hundred (1200) feet measured in a straight line from lot to lot.
District. A section of the City for which the zoning regulations governing the use of land, the use of buildings and premises, and the permitted height of buildings, and the area of open space about the buildings are uniform.
Dormer. A roofed projection built out from a sloping roof, containing a window or windows.
Dormitory. Any dwelling (other than a sorority or fraternity house) owned or controlled by an educational institution and occupied primarily as a place of temporary residence for persons whose permanent residence is elsewhere and who are employed or enrolled at the educational institution.
Double-Skin Façade. A multilayer exterior wall system comprising a solid outer wall, a solid inner wall, and a ventilated intermediate air space, intended to improve insulation and manage solar heat gain as an element of a building-wide mechanical system for heating and cooling a building.
Drive-In Consumer Service Establishment. A type of Outdoor Retail or Consumer Service Establishment, other than a Drive-In Food Service Establishment, whose principal use is to provide retail goods or other consumer services (including, for the purpose of this definition, banking services) to customers who do not have to leave their cars during the transaction.
Drive-In Food Service Establishment. A type of Outdoor Retail or Consumer Service Establishment whose principal use is to provide prepared meals and beverages to customers who do not have to leave their cars during the transaction.
Drive-In Theater. A type of Outdoor Retail or Consumer Service Establishment whose principal use is to show films or provide other forms of live or recorded entertainment to patrons who do not have to leave their cars.
Dwelling. A building or structure used in whole or in part as a residence, but not a trailer.
Dwelling, detached. A dwelling with no party wall or walls arranged, intended or designed as the home or residence of one family.
Dwelling, multifamily. A building used as a residence containing three or more dwelling units that do not meet the definition of semi-detached dwellings or a townhouse development.
Dwelling, semi-detached (or Townhouse or Row House). One of a series of buildings with a party wall or walls, common to adjoining buildings, which is constructed so that two opposite building faces, or in the case of corner units two adjoining faces, (applicable to the building as a whole and for each unit contained therein) have full outside exposure and so that each has separate entrances from the outside, and each building of which is used as a residence containing one or two dwelling units.
Dwelling, single-family. A building with no party wall or walls used as the residence of one residential household and consisting of one dwelling unit.
Dwelling, two-family. A building used as a residence containing two dwelling units.
Dwelling unit. A room or group of rooms within a building that are used as a residence for a single residential household with self-contained facilities for living, sleeping, sanitation, cooking and eating, and other areas of which the residential household has exclusive use.
Dwelling Unit, Affordable. A dwelling unit for which occupancy is restricted to an Eligible Household and whose rent or initial sale price is established by (a) in the case of an Affordable Dwelling Unit in an Inclusionary Housing project provided pursuant to Section 11.203.2, the provisions set forth in Sections 11.203.3 and 11.203.4, or (b) standards set forth in another city, state, or federal housing program for Eligible Households.
Dwelling Unit, Family-Sized. A dwelling unit that contains three or more bedrooms and not less than one thousand one hundred (1,100) square feet of Dwelling Unit Net Floor Area.
Dwelling Unit, Studio. A dwelling unit in which there is no bedroom separated by a door or a change in story from the other living area, such as a living room and kitchen, within the dwelling unit.
Educational purposes, exempt by statute. Educational purposes exempted from prohibition, regulation, or restriction as provided in Section 3, Chapter 40A, G.L.
Elderly Oriented Congregate Housing. A form of elderly oriented housing in which each residential household is provided with separate quarters which contain living and sleeping space and which may contain kitchen and bath facilities. Each such living space shall be considered the equivalent of one dwelling unit. Such housing shall also contain common dining, kitchen and social facilities. Limited supportive services may also be provided.
Elderly Oriented Housing. A residence where a minimum of eighty (80) percent of the dwelling units are restricted to residential households of not more than two persons with (i) at least one member sixty-two (62) years of age or older, or (ii) at least one member who has a chronic physical impairment which substantially reduces his or her ability to live independently and is of such a nature that the quality of his or her life would be improved by more suitable housing, and where the certificate of occupancy issued by the Superintendent of Buildings is so restricted. The certificate shall be renewed every two years and shall be issued initially and renewed only upon submission of evidence that priority in occupancy be given to residents of Cambridge.
Eligible Household. A household whose gross household income does not exceed (a) in the case of an Affordable Dwelling Unit in an Inclusionary Housing Project provided pursuant to Section 11.203.2, the amounts set forth in Section 11.203.4, or (b) amounts set forth in another applicable city, state, or federal housing program.
Energy Simulation Tool. A State Building Code compliant software program or calculation-based methodology that projects the annual energy use of a building, approved for use in the Green Building Project by a Green Building Professional in connection with Green Building Rating Program in accordance with the provisions of Section 22.20 of this Zoning Ordinance.
Fitness Center. A type of Retail or Consumer Service Establishment whose principal use is to provide space and/or equipment for physical exercise by individuals or groups, which may or may not include instructor-led fitness classes, in exchange for a use or membership fee.
Flexible Parking Corridor. A street or street segment with a set of modified off street parking regulations set forth in Section 6.25 of this Zoning Ordinance, intended to allow for the more efficient and flexible use of Off Street Parking Facilities through the relaxation of certain zoning limitations.
Floor Area, Dwelling Unit Net. Floor area contained within dwelling units or rooming units in a lodging house excluding common areas, such as lobbies, hallways, elevator cores, amenity spaces, common storage areas or parking facilities, exterior walls, walls dividing dwelling units from each other, or walls dividing dwelling units from common areas, or unenclosed spaces such as open-air porches, balconies, or decks.
Floor Area, Gross. The sum, in square feet, of the gross horizontal areas of all floors of a building, as measured from the exterior walls of a building or the centerline of party walls between buildings, calculated in accordance with the detailed standards in Section 5.25 of this Zoning Ordinance.
Food Hall. A type of Retail or Consumer Service Establishment containing two or more Food Stands or Kiosks, in which seating, if provided, is located in a common area, and which may contain shared facilities devoted to food preparation and service which occupy a combined area no larger than 1,250 square feet times the number of individual Food Stands or Kiosks utilizing such facilities.
Food Stand or Kiosk. A type of Retail or Consumer Service Establishment located within a Food Hall or another indoor or outdoor gathering space open to the public serving prepared foods and/or beverages to be consumed immediately on or off the premises, for which the area devoted to food preparation and service is no greater than 1,250 square feet and for which any seating (if provided) is open to the general public or shared among multiple establishments.
Floor Area Ratio. The ratio of gross floor area of a structure to the total area of the lot.
Formula Business. An individual Retail or Consumer Service establishment that is required by virtue of a contract, franchise agreement, ownership or other similar legal obligation to conform or substantially conform to a set of common design and operating features that serve to identify the establishment as one of a group of establishments for business, marketing and public relations purposes. Specifically, an establishment shall be considered a Formula Business if it shares at least two (2) of the following three (3) characteristics with ten (10) or more other establishments in Massachusetts or within twenty (20) or more other establishments.
1.
Trademark, service mark or logo, defined as a word, phrase, symbol, or design or combination thereof that identifies and distinguishes the source of the goods or services from others;
2.
Standardized building architecture including but not limited to façade design and signage;
3.
Standardized color scheme used throughout the exterior of the establishment, including color associated with signs and logos.
Funeral Home. A type of Retail or Consumer Service Establishment whose principal use is to prepare the deceased for burial display and for rituals before burial or cremation, including but not limited to chapels, crematoriums, and showrooms for the display and sale of caskets, vaults, urns, and other items related to burial services.
Government Facility, Other. Land or structure of the federal government, the Commonwealth of Massachusetts, Middlesex County or any other supra-local governmental body or agency.
Grade. The mean finished ground elevation of a lot measured either around the entire perimeter of the building or along any existing wall facing a public street, which ground elevation is maintained naturally without any structural support.
Green Building Professional. A licensed architect or engineer who holds a credential from a Green Building Rating Program indicating advanced knowledge and experience in environmentally sustainable development in general as well as specific Green Building Rating Systems or otherwise possesses comparable experience in environmentally sustainable development in accordance with the provisions of Section 22.20 of this Zoning Ordinance. In instances where a Green Building Rating Program that does not offer such a credential is being applied to meet the provisions of Section 22.20, the designated Green Building Professional shall have demonstrated experience as a project architect or engineer, or as a consultant providing third-party review, on at least three (3) projects that have been certified using the applicable Green Building Rating Program.
Green Building Project. Any new construction, or any substantial rehabilitation of an existing building for an existing or new use, that totals 25,000 square feet of Gross Floor Area or more and that (1) requires the issuance of a special permit by the Planning Board under any provision of this Zoning Ordinance (including but not limited to special permits required in Article 13.000 - Planned Unit Development Districts, Section 19.20 - Project Review Special Permit, and Section 5.28.2 - Conversion of Non-Residential Structures to Residential Use) or (2) is subject to the provisions of Section 19.50 - Building and Site Plan Requirements, shall be considered a Green Building Project subject to the requirements of Sections 22.20 through 22.25.
Green Building Rating Program. A collection of activities and services directed by a nationally- recognized organization to promote environmentally sustainable urban development and to recognize projects that achieve defined environmentally sustainable development objectives, including the establishment and oversight of one or more Green Building Rating Systems in accordance with the provisions of Section 22.20 of this Zoning Ordinance.
Green Building Rating System. A specific set of design standards for environmentally sustainable performance established under the auspices of a Green Building Rating Program against which a project or building design may be evaluated in accordance with the provisions of Section 22.20 of this Zoning Ordinance.
Green Commissioning. The process of verifying and documenting by a Green Commissioning Authority that a building and all of its systems and assemblies are planned, designed, installed, tested, operated, and maintained to meet specified levels of environmentally sustainable performance in accordance with the provisions of Section 22.20 of this Zoning Ordinance.
Green Commissioning Authority. An entity which has been approved by a Green Building Rating Program to certify that a building meets or can meet the requirements of the Green Building Rating System and which has been identified by the Owner to lead, plan, schedule, and coordinate the implementation of the Green Commissioning process in accordance with the provisions of Section 22.20 of this Zoning Ordinance. The Green Commissioning Authority must have documented Green Commissioning process experience on at least two building projects with a scope of work similar to the proposed project extending from early design phase through at least ten (10) months of occupancy. The Green Commissioning Authority may be a qualified employee of the Owner, an independent consultant, or a disinterested subcontractor of the design team for the Owner of the property on which the Green Building Project is located.
Green Façade. A vertical system, attached to existing walls or built as freestanding structures, designed to support the growth of plants on a lattice, cable, mesh, or similar wall surface. The growing medium for Green Façades may be at grade or elevated in planters at the base of the structure or at intermediate levels.
Green Factor. A specific performance-based design standard to assess the overall cooling performance of buildings and sites, set forth in Section 22.90 of this Zoning Ordinance.
Green Roof Area. Area atop a roof surface on a building that is covered by a layer of living vegetation planted in a minimum of four (4) inches of growth medium over a waterproofing system in accordance with the provisions of Section 22.30 of this Zoning Ordinance. (Also known as a vegetated roof.)
Green Roof Area, Biosolar. Green Roof Area integrated with a Solar Energy System.
Grocery Store. A type of Retail or Consumer Service Establishment whose principal use is the sale of fresh or packaged food products to consumers for use off the premises, which may additionally provide general household supplies.
Ground Story or Ground Floor. The lowest Story Above Grade within a building.
Guest Unit. A room or group of rooms made available as a transient accommodation to a group of one or more persons who reside elsewhere.
Height of Building. The vertical distance of the highest point of the roof above the mean grade of the ground adjoining the building.
Helipad. Any area of land or water, or building, other than an airport which is made available for the landing and takeoff of helicopters or other aircraft.
Hen. A domestic female chicken.
Hen Run or Pen. An outdoor structure for the containment of hens that is enclosed on all sides and top by any material preventing contact with pests, predators, and other bird species but remaining open to the outside air.
Henkeeping. The housing of female chickens (i.e., hens) on a lot.
Henhouse or Coop. An enclosed, weather-protected structure for the shelter of hens and their nests.
High Planting Area. A type of Planting Area that supports tall herbaceous or woody plants, such as shrubs, and has a minimum soil depth of eighteen (18) inches.
Home Occupation. For an occupation customarily carried on at home, the use of a room in a dwelling as an office, studio, or work room by a person residing on the premises and in connection with which there is kept no stock in trade nor commodity sold on the premises.
Hospital An institution under Section 51, Chapter 111, G.L., for the purpose of caring for persons admitted thereto for diagnosis, medical, surgical or restorative treatment which is rendered in said institution.
Hotel or Motel. A transient accommodation containing guest units that are not owned or operated by a residential household residing on the premises, and which may or may not include amenities such as dining, recreation, and entertainment.
Incentive Project. Any new development that consists of at least thirty thousand (30,000) square feet of Gross Floor Area devoted to one or more of the following uses listed in Section 4.30 of the Zoning Ordinance: Sections 4.31.1 b (Hotel or motel), 4.32 f (Radio and television studio), 4.33 b-5 (College or University not exempt by statute, specifically including those uses and facilities listed in Subsection 4.56 c-4, c-5, and c-6), 4.33 c (Noncommercial Research Facility), 4.33 d (Health Care Facilities), 4.33 e (Social Service Facilities), 4.34 (Office and Laboratory Use), 4.35 (Retail or Consumer Service Establishments), 4.36 (Outdoor Retail or Consumer Service Establishments), 4.37 (Light Industry, Wholesale Business and Storage), and 4.38 (Heavy Industry). For the purpose of this definition, new development shall mean (1) construction of new buildings or additions to existing buildings to accommodate uses in the above list, (2) substantial rehabilitation of buildings to accommodate uses in the above list for which the buildings were not originally used, or (3) Gross Floor Area whose use is changed from a use not included in the above list to a use included in the above list. In no case shall Gross Floor Area devoted to a Municipal Service Facility or Other Government Facility be considered an Incentive Project. Notwithstanding the foregoing, this definition shall not apply to existing floor area that is demolished and has obtained a building permit for reconstruction within three years as part of a building project so long as there is no change of use.
Inclusionary Housing Project. Any development of detached single-family, two-family, multifamily, and townhouse housing, elderly oriented congregate housing, and lodging houses as set forth in Sections 4.31 a-i, or development which includes any such residential use and at least one non-residential use, that creates at least ten (10) dwelling units or at least ten thousand (10,000) square feet of residential Gross Floor Area on one (1) lot or Development Parcel or two (2) or more adjoining lots in common ownership or under common control at any time within five (5) years following the first date of application for any special or building permit for development on the lot or lots or at any time within the twelve (12) months immediately preceding the first date of application for any special or building permit. For the purpose of this definition, development shall include (1) construction of new buildings or additions; (2) increasing the number of dwelling units or amount of residential Gross Floor Area within an existing residential building; (3) occupancy of existing buildings which have not been used for any residential use for a period of at least two (2) years; or (4) conversion of Gross Floor Area in existing buildings from non-residential to residential use. Development of fewer than ten (10) dwelling units and fewer than ten thousand (10,000) square feet of residential Gross Floor Area may be an Inclusionary Housing Project where the owner chooses voluntarily to comply with the provisions of Section 11.203.
Indoor Auto Sales Facility. A type of Retail or Consumer Service Establishment whose principal use is to display new and used cars, trailers, motorcycles, or similar automotive vehicles for sale or rental, provided that all activities are conducted entirely within a building and no major repairs are made on the premises.
Institutional Use. The use of land or structures for the non-profit charitable, benevolent, spiritual, instructional or custodial activities of government, education, religious, health care, social service, fraternal/sorority or similar organizations.
Lawn Area. A type of Planting Area that supports sod or seeded tall grasses and has a minimum soil depth of eight (8) inches.
Living Wall. A vertical system comprised of pre-vegetated panels affixed to an exterior structural wall or free-standing frame. The surface of Living Walls is designed to be continuously covered with vegetation and the growing medium is distributed throughout the surface of the system.
Lodging House (also known as "Rooming House" or "Boarding House"). A residence in which rooming units are separately rented to residential households and in which occupants of different rooming units may share bathroom, kitchen, eating, or living facilities but do not live together as a single housekeeping unit. The term Lodging House shall include fraternity housing but shall not include 1) dormitories of charitable, educational, or philanthropic institutions, 2) convalescent or nursing homes licensed under section seventy-one of chapter one hundred and eleven of the Massachusetts General Laws or rest homes so licensed, or 3) group residences licensed or regulated by agencies of the commonwealth.
Long-Term Flood Elevations ("LTFEs"). Projected elevations of future flood risk due to certain types and probabilities of flood events, promulgated by the City Engineer in accordance with the provisions of Section 22.80 of this Zoning Ordinance.
Lot. A parcel of land in identical ownership throughout, bounded by other lots or by streets, which is designated by its owner to be used, developed or built upon as a unit.
Lot Depth. The horizontal distance between the front and rear lot lines measured in the mean direction of the side lot lines.
Lot Line, Front. A line separating the lot from the street or from a building line if such has been established.
Lot Line, Rear. A line most distant and opposite from the front lot line; where the lot is irregular, a line perpendicular to the mean direction of the side lot lines, and at least ten (10) feet in length within the lot.
Lot Width. The horizontal distance between the side lot lines measured perpendicular to the mean direction of the side lot lines.
Low Planting Area. A type of Planting Area that supports short herbaceous or woody plants, such as shrubs, and has a minimum soil depth of twelve (12) inches.
Merchandise Store. A type of Retail or Consumer Service Establishment, not otherwise defined as a Convenience Store, Grocery Store, Cannabis Retail Store, or other use defined in this Zoning Ordinance, whose principal use is the retail sale of consumer goods on the premises and where no manufacturing, production or assembly of products occurs on the premises.
Municipal Service Facility. Use of land or structures by the City of Cambridge or other municipality for maintenance operations, public utilities, public works and similar governmental functions.
Neighborhood. That geographical area within Cambridge whose boundaries are defined on the Cambridge Planning Board's map entitled "Cambridge Neighborhoods", as attached hereto and incorporated herein by reference.
Nonconforming structure. Any structure which does not conform to the dimensional requirements in Article 5.000 or to the parking and loading requirements in Article 6.000 of this Ordinance for the district in which it is located; provided that such structure was in existence and lawful at the time the applicable provisions of this or prior zoning ordinances became effective.
Nonconforming use. A use of a building, structure or lot that does not conform to the use regulations of Article 4.000 of this Ordinance for the district in which it is located; provided that such use was in existence and lawful at the time the applicable provisions of this or prior zoning ordinances became effective.
Open-Lot Retail Sales Establishment. A type of Outdoor Retail or Consumer Service Establishment whose principal use is the sale of goods directly to consumers for use off the premises where such goods are customarily displayed in an outdoor environment, including but not limited to flowers, garden supplies, agricultural produce, landscape materials, and gravestones.
Open Space, Green Area. A landscaped area of land associated with and located on the same tract of land as a major building or group of buildings in relation to which it serves to provide light and air, or scenic, recreational, or similar purposes.
Open Space, Permeable. A kind of Green Area Open Space in which the surface material must be permeable but which surface material is not limited or restricted as to type.
Open Space, Public. An area owned or controlled by the City of Cambridge or other public entity that is intended for public use and is designed for either environmental, scenic, or recreation purposes.
Open Space, Publicly Beneficial. A portion of a structure, a lot or other area of land associated with and adjacent to a building or group of buildings in relation to which it serves to provide light and air, or scenic, recreation, pedestrian amenity or similar purposes.
Open Space, Private. The part or parts of a lot or structure which are reserved for the use of occupants of a building which is used wholly, or in part, for residential purposes. This space shall have minimum dimensions as prescribed in the Ordinance, shall exclude parking areas, driveways, and walkways, and shall be open and unobstructed to the sky.
Outdoor Auto Sales Facility. A type of Outdoor Retail or Consumer Service Establishment in which new and used cars, trailers, motorcycles, or similar automotive vehicles are displayed for sale or rental partly or wholly on an open-air lot, provided that no major repairs are made on the premises.
Outdoor Entertainment and Recreation Facility. A type of Outdoor Retail or Consumer Service Establishment, not including a public park or public recreation facility, whose principal use is to provide entertainment and/or recreational activities taking place partly or wholly outdoors to patrons who are charged a use, entrance, or membership fee or required to make other purchases to participate and which does not require the use of an automobile, including but not limited to neighborhood skating rinks, climbing areas, lawn or court games, playgrounds, sports fields, or similar facilities.
Outdoor Retail or Consumer Service Establishment. An establishment otherwise meeting the definition of a Retail or Consumer Service Establishment but for which sales and/or services are customarily conducted partly or wholly outdoors.
Owner. Every person who alone or jointly or severally with others (a) has legal title to any land, building or structure; or (b) has care, charge, or control of any land, building, or structure in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder or legal title; or (c) lessee under a written letting agreement; or (d) mortgagee in possession; or (e) agent, trustee or other person appointed by the courts.
Parking facility. A portion of a building or a lot which is located off-street and contains one or more motor vehicle parking spaces and access thereto including driveways. A parking facility may be a garage, an area of a lot or a parking lot. A parking facility may be an accessory use or a principal use or any combination thereof. For the purposes of this definition a parking facility shall include parking required by Section 6.30 and any other off-street parking provided.
Parking facility, accessory. A parking facility developed to serve the residents, occupants, employees, patrons or other users of a particular land use of building. An accessory parking facility shall be subordinate and customarily incidental to the principal use.
Parking Space. An area in a parking facility available to the storage of one motor vehicle with free and unimpeded access to a street over unobstructed passageways, aisles or driveways. However, the unimpeded access requirement may be waived only as provided in Subsection 6.43.2.
Peer-to-Peer Carsharing. An off-street parking space which is used for the storage of a privately-owned vehicle that is made available from time-to-time for use by other individuals in need of an automobile for personal use. Peer-to-Peer Carsharing is distinct from Carsharing and shall not be subject to the provisions of Section 6.24 of the Zoning Ordinance.
Performing Arts Studio. A room or group of rooms used by performing artists for the study, practice, or rehearsal of performing arts, including but not limited to music, dance, and theater, which may host occasional small performances by users of the space but which is not primarily intended to host performances for the general public.
Personal Services Establishment. A type of Retail or Consumer Service Establishment whose principal use is to provide non-professional services directly to the consumer, including but not limited to hair, skin and nail care, tailoring, repair of shoes and other household items, electronics repair, bicycle repair, self-service or drop-off laundry (including off-site dry cleaning), printing, copying, and photographic services, mailing and shipping services, or similar services, but not including the servicing of automobiles or other activities involving the use of hazardous materials on the premises.
Planned Unit Development. A land development project comprehensively planned by the developer with a single site plan for a parcel of a size eligible for PUD designation. A PUD is designed to permit flexibility in building siting, mixtures of housing types and land uses, private open spaces, and the preservation of significant natural features.
Planting Area. A landscaped area of land capable of supporting the growth of trees, grass, ground cover, shrubs, and similar vegetation.
Principal front wall plane. That face, side or elevation of a building most closely oriented towards the street, excluding porches, window bays and similar appendages. If there is more than one such front wall plane, the principal front wall plane shall be the one with the greatest front surface area. Buildings on corner lots may be considered to have more than one principal front wall plane.
Public Bicycle-Sharing Service. A system operated under the auspices of a program administered and/or approved by the City of Cambridge whose function is to provide the general public with opportunities to rent bicycles on a short-term basis for use within the city or region.
Public Bicycle-Sharing Station. A bicycle sharing facility placed of constructed by a Public Bicycle-Sharing Service o public or private property where bicycles are stored and from which members of the public may rent bicycles as part of a Public Bicycle-Sharing Service including objects or equipment necessary for or appurtenant to its operation.
Publicly-accessible, Privately-owned Electric Vehicle Charging. An electric vehicle charging system and its attendant off-street parking space that is made available from time-to-time for use by other individuals in need of an electric vehicle charging system for personal use.
Quick-Service Food Establishment. A type of Retail or Consumer Service Establishment whose principal use is the service of food or beverages available upon a short waiting time and packaged and presented in such a manner that it can be readily eaten on or off the premises, but does not meet the definition of a Food Stand or Kiosk.
Religious purposes. Places of worship and other religious institutions or purposes exempted from prohibition, regulation or restriction as provided in Section 3, Chapter 40A, G.L.
Residence. A building, or portion thereof, used as a place of habitation and home address for one or more residential households who intend to remain there for some indefinite time period, generally more than 30 consecutive days.
Residential Household or Family. One person or a group of two or more persons occupying a single dwelling unit or rooming unit within a residence and living together as a single housekeeping unit, including but not limited to occupants who are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the "Fair Housing Amendments Act of 1988," but not including persons who occupy separate rooming units within a lodging house.
Restaurant. A type of Retail or Consumer Service Establishment whose principal use is to serve prepared food and beverages (including alcoholic beverages served with meals, if properly licensed) to be consumed on the premises using non-disposable dishware, glassware, and utensils, and providing table seating for patrons.
Retail or Consumer Service Establishment. An establishment whose principal use is the commercial provision of goods, personal services, prepared food and beverage, entertainment, recreational activities, or similar services (but excluding professional or financial services) directly to consumers. Such provision of goods and consumer services shall be conducted on-site, but may be supplemented by telephone and online transactions and delivery services.
Rooming Unit. A room or group of rooms used for sleeping and living in a lodging house that are rented to be used as a residence for a single residential household.
Rooster. A domestic male chicken.
Shade Canopy. An unenclosed structure that is freestanding or attached to a building, such as a pergola, arbor, porch cover, or awning, which is intended to protect outdoor areas from solar heat gain, and whose upper surface (which may be porous or nonporous) has a minimum Solar Reflectance Index (SRI) of 0.82 except in the case of a Solar Canopy.
Shaded Area. An outdoor area of a building or lot that is directly beneath a Shade Canopy as defined in this Zoning Ordinance, and that is horizontally open to the air on at least fifty percent (50%) of its perimeter.
Signs. Signs shall mean and include any permanent or temporary structure, device, letter, words, model, banner, pennant, insignia, trade flag, or representation used as, or which is in nature of, advertisement, announcement, or direction and which is designed to be seen from the outside of a building.
Sign frontage. The length of a building, or the length of a separate and distinct ground floor establishment, abutting a street. The length of the building or ground floor establishment shall be that as defined in Section 5.24.4 of this Ordinance.
Signs, illumination of.
1.
Natural - natural or ambient light.
2.
External - artificial illumination from a light source which provides light directly onto the sign face, or portions of the sign face, or its background, which light is then reflected back to the viewer.
3.
Internal - artificial illumination from a light source located behind the sign face and which transmits light through the sign face or portions of the sign face to the viewer. Exposed neon tubing and similar lighting shall be considered internal illumination.
4.
Indirect - placement of the artificial light device such that the source of light cannot be seen from a public way.
Signs, types of.
1.
Free-standing Sign - A sign that is attached to or part of a completely self supporting structure and which is not attached to any building or other structure.
2.
Projecting Sign - Any sign, other than a wall sign or free standing sign, that is attached to and projects from a building face. A projecting sign shall include marquee, canopy, and awning-mounted signs.
3.
Reserved.
4.
Wall Sign - Any sign affixed in such a way that its exposed face and all sign area is parallel or approximately parallel to the plane of the building to which it attached. A wall sign shall be considered a projecting sign if the sign face projects more than twelve (12) inches from the face of the building. Wall signs shall include signs located on or behind the surface of windows; such a sign may not in total area exceed thirty (30) percent of glass area of any window to which it is appurtenant.
Signs, related definitions.
1.
Ground floor establishment - A separate and distinct use, business, enterprise, or institution having a separate public entrance to the outside of a building, which entrance is at grade or within six feet of grade as measured at the street line.
2.
Premises - That part of a lot, building, or structure occupied by a business, enterprise, institution, or other person and which is distinct and separate from the place occupied by any other business, enterprise, institution or other person.
Social Service Center. A facility where counseling, limited short-term custodial care or similar special services are provided to persons on a walk-in or appointment basis under the aegis of a nonprofit agency.
Solar Canopy. A Shade Canopy that is covered in whole or in part by a Solar Energy System; the portion covered by a Solar Energy System shall not have a minimum Solar Reflectance Index (SRI).
SRI or Solar Reflectance Index. The measure of a constructed surface's ability to stay cool in the sun by reflecting solar radiation and emitting thermal radiation, as defined by ASTM International. It is expressed as a unitless value ranging from 0 to 100, with 0 representing the lowest possible solar reflectance and 100 representing the highest possible solar reflectance.
Story. That portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above.
Story Above Grade. A Story whose highest point is more than 4 feet above the Grade.
Story Below Grade. Any Story that is lower than the Ground Story of a building.
Street. The right of way, including sidewalks, of a public way, or a private way open to public use, used or intended for use by automobile traffic, including highways, parkways, alleys, courts and squares used or intended for this purpose, to which owners of abutting land have a right of access.
Street line. The line separating a street from a lot.
Structure. A combination of materials assembled at a fixed location to give support or shelter, such as a building, bridge, trestle, tower, framework, retaining wall, tank, tunnel, tent, stadium, reviewing stand, platform, bin, fence, sign, flagpole or the like.
Subdivided lot. A lot that has been created through the subdivision of a parcel of land on which a townhouse development is constructed. Said lot is created for the purpose of selling an individual semi-detached dwelling together with the land upon which it is constructed.
Temporary Outdoor Retail or Consumer Service Use. The use of an open-air lot containing another principal or accessory use (including, but not limited to, a parking lot), for the purpose of any retail and/or consumer service activities such as sales, food service, entertainment, and/or recreation, provided that:
(a)
such activities are in full compliance with federal, state and local laws, codes, and regulations, including applicable licensing and/or permitting requirements;
(b)
such activities take place during limited hours on a total of no more than 120 consecutive or non-consecutive days within a calendar year;
(c)
any temporary structures, such as tents, booths, tables, stages, or other equipment, are secured or removed during periods when not in use.
Theater. A type of Retail or Consumer Service Establishment whose principal use is to host live or recorded performances, lectures, or exhibitions for seated audiences, including but not limited to cinemas, performance halls, and other halls for public gatherings.
Tourist House (including "Bed and Breakfast"). A transient accommodation containing guest units that are owned or operated by a residential household residing on the premises, and which may or may not offer breakfast to guests.
Transient Accommodation. A building, or portion thereof, used as sleeping and/or living space for stays of a limited duration, generally not more than 30 consecutive days, by one or more persons who are not owners or tenants and whose home address is elsewhere.
Townhouse Development. The development (through conversion, addition to existing buildings, or new construction) of two or more semi-detached dwellings in one or more structures, with at least two semi-detached dwellings in each structure, on a single parcel of land.
Tree. A woody perennial plant, typically having a single thick stem or trunk, that grows to a considerable height and has lateral branches at some distance from the ground, planted and maintained in accordance with guidelines promulgated by the Department of Public Works.
Tree, Canopy. A large, tall tree that has a well-defined trunk and a distinct and definite formed crown. Canopy trees are intended to provide shade and typically reach a canopy spread of twenty-five (25) feet or larger at maturity.
Tree, Understory. A type of tree that is small enough and sufficiently shade tolerant to thrive under the canopies of taller trees. Understory trees form a vegetative layer between low-lying ground cover and tall canopy trees. Understory trees typically reach a canopy spread of eight (8) to fifteen (15) feet at maturity.
Use, principal. The principal purpose for which a lot or the main building thereon is designed, arranged, or intended, and for which it is or may be used, occupied or maintained.
Yard. An open unoccupied space on the same lot with a building, open and unobstructed from the ground to the sky.
Yard, front. The yard extending across the full width of the lot and lying between the front street line, or the building line where such may have been established on the lot, and the nearest part of a building.
Yard, rear. The yard extending across the full width of the lot and lying between the rear line of the lot and the nearest part of a building.
Yard, side. The yard between the side line of the lot and the nearest part of a building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear lot line, as may be.
(Ord. No. 1404, 12-17-2018; Ord. No. 1412, 12-9-2019; Ord. No. 2020-8, 10-5-2020; Ord. No. 2020-25, 5-3-2021; Ord. No. 2021-3, pt. 1A—1D, § v, 6-7-2021; Ord. No. 2021-8, 6-28-2021; Ord. No. 2022-14, 10-17-2022; Ord. No. 2022-9, 2-27-2023; Ord. No. 2023-2, 6-12-2023; Ord. No. 2023-7, 10-16-2023; Ord. No. 2023-9, 11-20-2023; Ord. No. 2024-2, 6-24-2024; Ord. No. 2024-5, 12-23-2024; Ord. No. 2024-9, 12-16-2024; Ord. No. 2025-1, 2-10-2025)