Chelmsford City Zoning Code
ARTICLE XXIV
Route 129 Business Amenities Overlay District BAOD
[Added 10-24-2016 ATM by Art. 13]
§ 195-143 Purpose and intent.
The Route 129 Business Amenities Overlay District is intended to achieve the following strategic goals and objectives:
A.
Address changing Town and regional market conditions, specifically the desire by employers and employees within the Limited Industrial (IA) Zoning District to have local access to goods and services, and housing;
B.
Provide access to business amenities that are limited in scope and scale for purposes of preserving Route 129's underlying and surrounding IA Zoning District which functions as an office and research and development park;
C.
Promote orderly, effective and quality development and redevelopment of Route 129;
D.
Provide housing opportunities that will be compatible and complementary;
E.
Preserve and enhance the aesthetic qualities and characteristics of Route 129, such as architectural style, streetscape character, open space, connectivity, and overall business office park setting in a manner that protects and enhances the value of real property; and
F.
Not to disturb residential neighborhoods or detract from the appearance of the Town and will result in the maintenance of a balance and workable relationship between the existing office / business park, new business amenities and adjacent residential neighborhoods.
§ 195-144 Establishment of overlay district
The location and boundaries of this overlay district are hereby established and made part of this bylaw as shown on the Business Amenities Overlay District Map, dated August 24, 2016.[1]
[1]
Editor's Note: Said map is on file in the Town offices.
§ 195-145 Use regulations.
A.
The existing use Regulation Schedule (Chapter 195, Attachment 1) shall be applicable within the underlying zoning district.
B.
Within the overlay the following uses are permitted by right:
(1)
Licensed day-care facilities.
(2)
Retail stores and services; drive-throughs are permitted (excluding single-tenant freestanding), cannot be freestanding and must be attached or an integral part of a principal structure, including order panels / windows. Overhead canopies / roofs are permitted.
(3)
Restaurant; no drive-throughs.
(4)
Restaurant, fast-food; no drive-throughs.
(5)
Bank or financial agency; (drive-throughs are permitted (excluding single-tenant freestanding).
(6)
Health club.
(7)
Car rental service; no on-site vehicle repair or light service.
(8)
Parking garages / structures: accessory use / structure only.
(9)
Hotel/motel.
C.
The following uses are permitted by special permit:
(1)
Multifamily (shall be subject to Article XXIII).
(2)
Retail store and services: drive-throughs for single-tenant freestanding, may provide freestanding order panels and / or multiple drive-throughs.
(3)
Bank or financial agency: drive-throughs for single-tenant freestanding, may provide freestanding order panels and / or multiple drive-throughs.
(4)
Upscale fast casual restaurant (fast food) with drive-through in accordance with the below standards.
[Added 5-2-2019 ATM by Art. 10]
(a)
Located only on main arteries (Mill Road and Billerica Road to the Billerica Town line).
(b)
Only one per property.
(c)
Must be located on an end cap (not freestanding).
(d)
3,500 square feet minimum gross floor area.
(e)
Minimum of 50 interior seats.
(f)
Must provide for consumption of food prepared on the premises.
(g)
Must provide reusable dinnerware for on-site/interior consumption.
(h)
Must provide for outdoor seating/eating areas.
(i)
The drive-through shall only be open from 5:30 a.m. to 10:00 p.m.
The Board may waive any provision, Subsection C(4)(a) through (i), where it determines that the project will be consistent with the purpose and intent of the bylaw. The Board may approve up to three permits. |
D.
The above uses Subsections B(1) through (9) and C(2), (3) and (4) are not permitted in the Commercial Exclusion Zone as defined in the overlay district map.
[Amended 5-2-2019 ATM by Art. 10]
§ 195-146 Special provisions.
A.
Building height. For lots directly abutting Billerica Road, in the section from Alpha Road to the Chelmsford-Billerica Town line, as shown on the overlay map dated August 24, 2016, nonresidential buildings may of right be six stories but not exceeding a maximum height of 90 feet, except by special permit.
B.
Parking garages / structures shall not be counted towards the floor area ratio.
C.
No more than 20% of existing gross square feet of any building may be converted to commercial uses, per § 195-145B, except by special permit.
§ 195-147 Applicability of CEIOD to overlay district.
A.
Article XXI, Community Enhancement and Investment Overlay District (CEIOD), shall apply to projects in the BAOD.
B.
All provisions in Article XXI shall have precedence over other sections of the Zoning Bylaw.