Everett City Zoning Code
SECTION 37
Everett Docklands Innovation District "EDID".
(Added 10-28-2024 by Ord. No. C0260-24)
(a)
Intent.
(1)
To establish zoning regulations in accordance with the land use policy objectives in the City and to encourage comprehensive planning across multiple properties.
(2)
To permit development in accordance with a Master Plan Special Permit pursuant to Section 36 of the Zoning Ordinance.
(3)
To encourage economic development, job creation and to strengthen the tax base in the City of Everett.
(b)
Purpose.
(1)
To permit comprehensive planning and development across a Development Site that would otherwise not be permitted in other zoning districts in the City; to allow a diversity of land uses in close proximity, within a limited area; to facilitate development responsive to current and future market conditions; to facilitate integrated physical design; and to encourage interaction among activities located within the EDID.
(2)
To allow for the aggregation and compliance of certain build out standards across a Development Site rather than by individual lots in a Master Plan.
(c)
Applicability.
(1)
This section is applicable to all real property within the EDID as shown on the Official Zoning Map of the City of Everett.
(2)
All use, parking and dimensional regulations governing land within the EDID are set forth within this section. All other requirements of the Zoning Ordinance that do not conflict with the provisions of this section shall apply to property within the EDID, provided that the Planning Board shall have the discretion to waive any such provisions in approving a Master Plan Special Permit if it determines such waiver to be in the public interest. Where provisions of the Zoning Ordinance conflict with the EDID, the provisions of the EDID control. Projects developed pursuant to a Master Plan Special Permit shall be subject to site plan review pursuant to Section 36 of the Zoning Ordinance rather than Section 19 of the Zoning Ordinance.
(d)
Master Planned Development Standards.
(1)
Design Guidelines and Regulations. The Planning Board shall adopt, and may from time to time amend, regulations governing Master Planned Developments, including without limitation regulations governing the design of open space, building design, and roadway layout and design.
(2)
Inclusionary Housing. Master Plan Special Permit may aggregate required inclusionary housing, thereby allowing certain buildings and development phases to contain fewer inclusionary housing units than would otherwise be required, with construction of the remaining required units deferred to a future phase, if it finds:
a.
Adequate surety or conditions of approval will ensure that all inclusionary housing units will be constructed in a timely manner.
b.
Aggregation of inclusionary housing units will not result in undue concentration of inclusionary housing units in specific phases or building types.
c.
Aggregation of inclusionary housing units is warranted based upon economic or other circumstances.
(3)
Building Standards.
a.
The dimensional requirements applicable to the EDID are:
Dimension: | All Non-Master Planned Uses | Allowable Pursuant to Master Plan Special Permit |
|---|---|---|
Minimum Lot Size | 5,000 sf | 2,000 sf |
Required Frontage | 40 ft. | 20 ft |
FAR | 1.0* | NA |
Minimum Lot Area per Dwelling Unit | 2,000 sf** | NA |
Minimum Front Yard Setback | 10 ft. | 0 ft. |
Minimum Side Yard Setback | 10 ft. | 0 ft. |
Minimum Rear Yard Setback | 20 ft. | 0 ft. |
Minimum Setback to Master Planned Area Boundary | 10 ft. | |
Minimum Open Space*** | 15% | 15% |
Maximum Height | 65 ft**** | 370 ft***** |
* | FAR may be increased to 4.0 by special permit. |
** | For a Development Site of 2 acres or more, the minimum square footage of land area per dwelling unit shall be 350 square feet. |
*** | Limited Access Open Space may comprise up to 20% of the minimum required Open Space, and the remainder shall be Public Access Open Space. |
**** | For a Development Site of 2 acres or more, the maximum height is 85 feet. |
***** | The maximum height of any structure shall be the lower of 370 ft. (NAVD 88 datum) or the height that complies with the FAA and Massport critical airspace maps. The applicants are advised that they will be required to comply with such maximum height requirements as determined by the FAA and Massport. |
b.
Notwithstanding the creation of separate lots within a Development Site, which are separated by streets, driveways, Open Space and other buildings or structures, Development Sites approved under a Master Plan Special Permit shall be permitted to aggregate all project components, including, but not limited to, FAR, parking, drainage structures, retail space requirements, inclusionary housing units and Open Space, so that individual lots need not comply with otherwise applicable requirements provided that the overall Development Site complies, and provided further that the Approving Authority finds that the aggregation adequately serves the area covered by the Master Plan Special Permit. Buildings, structures or open spaces which are part of an approved Master Plan Special Permit may be subdivided and conveyed to third parties as separate lots and remain in compliance with the Master Plan Special Permit, provided such division does not result in any violation of the EDID or the requirements of a Master Plan Special Permit.
(4)
Use Provisions.
a.
The EDID has 2 subdistricts shown as "Subdistrict A" and "Subdistrict B" shown on the Zoning Map referenced above in subsection 37(c)(3).
b.
The standards of the following table are the permitted uses for the EDID based on the following notations.
1.
Permitted Uses.
a)
Master Plan Developments: "Y" indicates that the Planning Board may, in its discretion, permit a use as part of the Master Plan Special Permit. Any use of such land must be specifically identified and approved in such Master Plan Special Permit. Any use not specifically identified in an approved Master Plan Special Permit shall only be permitted upon modification of such Special Permit.
b)
Non-Master Plan Developments: "Y" indicates that the use is allowed by right in the district.
2.
Special Permit Uses.
"SP" indicates that a use is allowed only if approved by the Special Permit Granting Authority ("SPGA"), in accordance with the special permit review procedures prescribed in this section. For the EDID, the Planning Board is the SPGA.
3.
Uses Not Permitted.
"-" indicates that a use is not allowed in the district.
4.
Determination of Use Category.
For specific uses which are not listed but are clearly within a category listed in the Table of Use Regulations, the Building Commissioner shall determine whether the proposed use is permitted, and if so, into which category it will be classified. The Building Commissioner shall note the applicable use classification in the issuance of a building permit on the EDID.
c.
Multiple uses in the same structure within the EDID: There shall be no restriction on combining different categories of use within the same building other than those imposed by the State Building Code or other federal, state or local regulations other than the Zoning Ordinance.
USE CATEGORY | Master Planned Uses | Non-Master Planned Uses Less Than 5,000 sq ft of Gross Floor Area | Non-Master Planned Uses Greater Than 5,000 sq ft of Gross Floor Area | |||
|---|---|---|---|---|---|---|
RESIDENTIAL | Sub A | Sub B | Sub A | Sub B | Sub A | Sub B |
Single Family Dwelling | - | - | - | - | - | - |
Two Family Dwelling | - | - | - | - | - | - |
Three Family Dwelling | - | - | - | - | - | - |
Attached Dwelling Development | - | - | - | - | - | - |
Multifamily Residential1 | Y | Y | Y | Y | SP | SP |
COMMERCIAL | ||||||
Active boating, water taxi, recreational boating | Y | Y | SP | SP | SP | SP |
Amusement, including indoor entertainment facilities | Y | Y | Y | Y | SP | SP |
Arts Center | Y | Y | Y | Y | Y | Y |
Auto showrooms for the sale of automobiles and light trucks, and service facilities which are associated with the sales facilities in the same building | Y | Y | - | - | - | - |
Bank | Y | Y | SP | SP | SP | SP |
Bar, Pub, Tavern, Cocktail Lounge | Y | Y | SP | SP | SP | SP |
Body Art/Tattoo/Piercing Studio | Y | Y | - | - | - | - |
Brewery, including on site service and manufacturing | Y | Y | SP | SP | SP | SP |
Business, Finance or other Professional Office Use2 | Y | Y | Y | Y | SP | SP |
Car wash | - | - | - | - | - | - |
Convenience Store | Y | Y | Y | Y | SP | SP |
Dance club/night club | Y | Y | - | - | - | - |
Entertainment facilities including Concert Venue | Y | Y | - | - | - | - |
Fast Order Food Establishment | Y | Y | SP | SP | SP | SP |
For Profit Educational Schools, including but not limited to Vocational Schools | Y | Y | Y | Y | SP | SP |
Freight or Trucking Terminal | - | Y | - | - | - | - |
Gaming Establishment | - | - | - | - | - | - |
Gasoline Station | Y | Y | - | - | - | - |
Gazebo, outdoor performance space | Y | Y | Y | Y | Y | Y |
Grocery Store | Y | Y | - | - | - | - |
Hotel | Y | Y | Y | Y | SP | SP |
Kennel, pet day care establishment | Y | Y | SP | SP | SP | SP |
Marina | Y | Y | SP | SP | SP | SP |
Medical Services, including Hospitals, Medical Office Buildings, Community Health Centers, and Urgent Care Centers | Y | Y | Y | Y | Y | Y |
Membership Club | Y | Y | SP | SP | SP | SP |
Motel | - | - | - | - | - | - |
Movie theater or cinema | Y | Y | Y | Y | Y | Y |
Neighborhood Market | Y | Y | Y | Y | SP | SP |
Parking garage (including sub-surface) provided there shall be no door or driveway for vehicles in connection with any public garage within 50 feet of any Residential sub-district boundary line. A parking garage can be a use on a separate lot or an accessory parking garage that is on a separate lot. | Y | Y | SP | SP | SP | SP |
Parking, surface lots as a principal use pending the construction of structured parking pursuant to a master plan special permit (To discuss limitations on time and the public) | Y | Y | - | - | - | - |
Recreational use such as bowling alley, arcade, billiards/pool hall, roller rink, tennis courts, swimming, theater, etc. | Y | Y | SP | SP | SP | SP |
Resort Casino | - | - | - | - | - | - |
Restaurants, not including Fast Order Food Establishments, and provided that there are no drive-through facilities. | Y | Y | SP | SP | SP | SP |
Retail sales and services, including large format Retail | Y | Y | SP | SP | SP | SP |
Retail sales & service, w/ outside storage | Y | Y | SP | SP | SP | SP |
Retail sales & service, w/ no outside storage | Y | Y | SP | SP | SP | SP |
Service and repair stations for automobile or light truck, but not including gasoline stations | - | - | - | - | - | - |
Sports/Fitness Facilities; Health Club and Spa | Y | Y | Y | Y | SP | SP |
Taxicab business | - | - | - | - | - | - |
Transportation related uses including railroad or street railroad passenger stations including customary accessory services therein; not including switching, storage, or freight yards or sidings. | Y | Y | - | - | - | - |
Veterinary or pet grooming establishment | Y | Y | SP | SP | SP | SP |
Water Taxi or Water Shuttle | Y | Y | Y | Y | Y | Y |
Wholesale | Y | Y | - | - | - | - |
INNOVATION | ||||||
Advanced/Light Manufacturing | Y | Y | SP | SP | SP | SP |
Battery Energy Storage Systems | Y | Y | SP | SP | SP | SP |
Converter Station | - | Y | SP | SP | SP | SP |
Data Center | Y | Y | SP | SP | SP | SP |
Retail Electric Vehicle Charging Station | Y | Y | Y | Y | SP | SP |
Laboratory | Y | Y | SP | SP | SP | SP |
Life Science | Y | Y | SP | SP | SP | SP |
Life Science (Manufacturing) | Y | Y | SP | SP | SP | SP |
Research and Development | Y | Y | SP | SP | SP | SP |
INDUSTRIAL | ||||||
Assembly Related Uses | - | Y | - | - | SP | SP |
Automotive Supply and Repair | - | - | - | - | - | - |
Central heating or cooling plant | - | Y | SP | SP | SP | SP |
Electric Generation Plants/Substation | Y | Y | - | - | - | - |
Heavy manufacturing providing there is no outside storage work and there are no emissions of noxious odors, smoke or noise, and no vibration discernible on the exterior of the building. | - | Y | - | - | - | - |
Light manufacturing (excluding scrap metal), producing, processing, fabricating, printing, converting, altering, finishing or assembling, entirely contained within the structure with no associated emissions of noxious odors or noise, on a scale requiring not more than a total of five horsepower or steam pressure in excess of 15 pounds gauge pressure. Examples include, but are not limited to, wood cabinetry, modular housing, metal product fabrication, roofing, assembly of plumbing components, HVAC manufacturing, etc. | - | Y | - | - | SP | SP |
Manufacture, assembly, processing, packing or other industrial operations associated with medium to heavy industry which involves machining, welding, shearing, forging, stamping or similar operations. | - | Y | - | - | - | SP |
Power, gas or fuel generating facilities. | - | Y | - | - | - | - |
Storage and sale of building materials or machinery. | - | Y | - | - | - | SP |
Storage of goods in containers where all storage is contained within the building, not including storage of any raw or natural materials. | - | Y | - | - | - | SP |
Trucking terminals and freestanding product distribution centers. | - | Y | - | - | - | - |
Warehouse, Distribution, including E-Commerce, Last Mile, and Same Day Delivery | - | Y | - | - | - | SP |
ACCESSORY USES | ||||||
Drive-through facilities for first-floor commercial uses in multi-story buildings | Y | Y | SP | SP | SP | SP |
Electric car charging station | Y | Y | Y | Y | Y | Y |
Home Occupation | Y | Y | - | - | - | - |
Hospitality uses customarily accessory to Hotel, including restaurant, bar, spa, etc. | Y | Y | - | - | - | - |
Gas stored in quantities below the maximum allowable quantities (MAQs) established for hazardous materials; High-Hazard Group H occupancies as outlined by the Massachusetts State Building Code 780 CMR, the Massachusetts Comprehensive Fire Safety Code 527 CMR 1.00, and their referenced standards | Y | Y | SP | SP | SP | SP |
Limo service/driving service | - | - | - | Y | - | SP |
Meeting and conference space | Y | Y | Y | Y | SP | SP |
Offices of a doctor, dentist or other member of a recognized profession, teacher or musician residing on the premises; provided there is no display or advertising except for a small professional name plate. | Y | Y | Y | - | SP | - |
Office | Y | Y | Y | Y | Y | Y |
Parking (surface lot) accessory to any permitted principal use (10 or fewer spaces) | Y | Y | Y | Y | Y | Y |
Parking (surface lot) accessory to any permitted principal use (greater than ten spaces) | Y | Y | - | - | Y | Y |
Solar Uses | Y | Y | Y | Y | Y | Y |
Uses accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production. | Y | Y | SP | SP | SP | SP |
Wholesale merchandising incidental and subordinate to a primary retail business | Y | Y | Y | Y | Y | Y |
EXEMPT | ||||||
Agriculture, horticulture or floriculture and the expansion or reconstruction of existing structures thereon for the primary purpose of agriculture, horticulture or floriculture. | Y | Y | Y | Y | Y | Y |
Municipal use such as library, fire station, police station, park, and soldiers' and sailors' memorial building. | Y | Y | Y | Y | Y | Y |
Public or charitable institutional building not of a correctional nature | Y | Y | Y | Y | Y | Y |
Religious use including church, synagogue, mosque, parish house and Sunday School building. | Y | Y | Y | Y | Y | Y |
Nonprofit educational use. | Y | Y | Y | Y | Y | Y |
PROHIBITED USES | ||||||
Adult Bookstore | - | - | - | - | - | - |
Adult Club | - | - | - | - | - | - |
Adult Theater | - | - | - | - | - | - |
Adult Video Store | - | - | - | - | - | - |
Body Piercing Studio | - | - | - | - | - | - |
Bulk storage or processing plants involving the use of flammable or combustible liquids, gases or solids. | - | - | - | - | - | - |
Check-Cashing Establishment | - | - | - | - | - | - |
Bulk storage or processing plants involving the use of flammable liquids, gases or solids. | - | - | - | - | - | - |
Fortune Teller | - | - | - | - | - | - |
Gas stored in quantities exceeding the maximum allowable quantities (MAQs) established for hazardous materials where not located within High-Hazard Group H occupancies as outlined by the Massachusetts State Building Code 780 CMR, the Massachusetts Comprehensive Fire Safety Code 527 CMR 1.00, and their referenced standards; or gas stored within ten (10) feet of any street line or party lot line, except in the case of gas contained or generated in fire extinguishers. | - | - | - | - | - | - |
Gun Shop | - | - | - | - | - | - |
Industrial operations, either outside or inside the building, which produce outside noxious odors, smoke, steam, or other emissions, or which produce industrial noise or require excessive use of large trucks or trailers or transfer of large amounts of industrial materials. | - | - | - | - | - | - |
Industrial plants for the generation of power, steam or any other type of energy involving the use of solid fuel. | - | - | - | - | - | - |
Open lot or enclosed storage of coal, coke, sand or similar materials. | - | - | - | - | - | - |
Open lot storage, handling or hauling of used materials including, but not limited to building materials, metal junk, scrap, paper, rags or motor vehicles. | - | - | - | - | - | - |
Parking (surface lot) as a principal use | - | - | - | - | - | - |
Pawn Shop | - | - | - | - | - | - |
Salvage operations or junk yard | - | - | - | - | - | - |
Uses which produce offensive odors, emissions, fumes, gases, or smoke, which produce noise or vibrations which are discernible beyond the limits of the property lines or which produce dust or waste on the exterior of the building. | - | - | - | - | - | - |
1 | Residential units may not comprise more than 50% of the gross floor area of the first story of any multifamily residential building. Common amenities, rental and administrative offices, parking or other uses customarily accessory to multifamily residential use shall not count towards this limit. The first stories of each structure containing residential units shall contain one or more commercial uses comprising an area of at least 30 square feet for each residential unit contained within the structure. Such uses may include any of the uses listed as permitted under the "Commercial" category in this use table and may be aggregated across multiple sites to achieve the overall objective of the EDID. |
2 | Including, but not limited to offices for high technology and biotech users. |
(5)
Parking & Mobility.
a.
Table of Parking Requirements.
Table of Parking Requirements | |
|---|---|
Use | Minimum Required Parking |
Bar, Cocktail Lounge, Pub Tavern | 1 space for each 6 seats |
Churches, Synagogues and other Places of Assembly used as Places of Worship | 1 space for each 50 square feet of assembly area |
Dwelling, Multifamily | 0.75 spaces per unit |
Elderly and Handicap Housing | 0.5 spaces per unit |
Hotel | 0.25 Spaces per hotel room |
Industrial | 1 space per 4,000 SF of GSF |
Medical or Dental Office | 1 space per 1,000 GSF |
Office Use | 1 space per 2,000 GSF |
Places of Assembly, including Schools, Auditoriums, Museums, Theaters and Cinemas | 1 space for each room plus 1 space for each 6 persons designated for the largest single room occupancy |
Restaurants | 1 space per 600 SF of dining area |
Retail Use | 1 space per 600 GSF |
Warehouse | 1 space per 3,000 GSF |
All other uses | To be determined by the Building Commissioner based on a similar use in this table, taking into account data as may be submitted by the Applicant |
b.
Notes to Table of Parking Requirements.
1.
If a change of use from one use to another use is proposed and the new use requires a greater number of parking spaces than the existing use, review by the Director of Planning & Development is required. Depending on the permitting requirements applicable to the proposed use, review by the Approving Authority may also be required. Required parking can be delivered in any combination of surface, structured parking, freestanding parking garages, (including centralized garages), or parking contained within occupied buildings.
2.
When the application of the required parking standards in the Table of Parking Requirements results in a number that includes a fraction, the fraction shall be rounded up to the next whole number if the fraction is 0.5 or more. If the result includes a fraction below 0.5, the fraction shall be rounded down to the next whole number.
3.
Parking spaces shall be at least 9 feet wide and at least 18 feet long. At the Applicant's option, up to 15 percent of required parking spaces may be compact parking spaces, which shall be at least 8 feet wide and at least 18 feet long.
4.
Any proposed use or building that would not meet the off-street parking requirements of subsection (d)(5)a. of this section will be subject to the requirements of Section 35 (Transportation Demand Management).
c.
Location of Required Parking. Newly constructed surface parking for new Development Projects shall be located exclusively at the side or rear of a new building relative to any Street right-of-way. Parking for new construction is not permitted to be located within the required front yard setbacks. Remote parking may be authorized by special permit from the Planning Board.
d.
Reduction of Required Parking. Notwithstanding anything to the contrary herein, any minimum required number of parking spaces may be reduced by the Approving Authority by up to 50 percent as a condition of special permit, provided the Applicant demonstrates that the fewer parking will not cause excessive congestion, endanger public safety, or that fewer parking spaces will provide positive environmental or other benefits, taking into consideration:
1.
The availability of a sufficient amount, in the opinion of the Approving Authority, of available public or commercial parking in the vicinity of the use(s) being served, and including parking dedicated to the use(s) being served; and/or
2.
The availability of a Fixed Public Transportation Stop within 600 linear feet of a pedestrian entrance to the Development Project, taking into account the proposed use(s) and the extent to which residents, employees and/or patrons of the proposed use(s) may be reasonably expected to access the site via public transit; and/or
3.
The availability of shared use of parking spaces serving other uses having peak user demands at different times, may be permitted at the discretion of the Approving Authority, shared use may be made of required parking spaces by intermittent use establishments such as certain commercial uses or residential uses whose peak parking demand is only at night and by other uses whose peak demand is only during the day. Where such shared parking is authorized, the Approving Authority shall indicate in its written decision the basis for such reduction and may within the special permit impose conditions of use or occupancy appropriate to such reduction.
(e)
Definitions applicable to EDID.
The definitions set forth in Section 2 of the Zoning Ordinance are applicable herein except as specifically modified in the EDID.
(1)
Advanced/Light Manufacturing: Fabrication, processing or assembly employing primarily electric or other substantially noiseless and inoffensive motive power, utilizing hand labor or quiet machinery and processes, and free from neighborhood disturbing agents, such as odors, gas fumes, smoke, cinders, flashing or excessively bright lights, refuse matter, electromagnetic radiation, heat or vibration. Examples include manufacturing of pharmaceuticals, medical devices, computer components, robotics, additive manufacturing, 3D printing, and advanced materials.
(2)
Battery Energy Storage Systems: The storage of energy, including, but not limited to, from sources such as wind and solar, or other available sources, and subsequent dispersal.
(3)
Converter Station: A specialized type of substation which forms the terminal equipment for a high-voltage direct current transmission line that converts direct current to alternating current or the reverse. In addition to the converter, the station usually contains:
a.
Three-phase alternating current switch gear;
b.
Transformers;
c.
Capacitors or synchronous condensers for reactive power;
d.
Filters for harmonic suppression; and
e.
Direct current switch gear.
(4)
Data Center: Data Center shall mean a use involving a building/premise in which the primary use is occupied by computers and/or telecommunications and related equipment, including supporting equipment, where information is processed, transferred and/or stored.
(5)
Electric Vehicle Charging Station: As a principal use, a retail location for the charging of electric vehicles, including accessory retail services.
(6)
Floor Area Ratio or "FAR": The result of dividing the gross floor area of the building or buildings on a lot by the total area of the lot, expressed as a decimal number. FAR shall not include stairs, utility shafts, mechanical shafts, elevator shafts, electrical rooms, mechanical rooms, telephone rooms, spaces less than seven feet in height, bathrooms, loading docks, and structured parking.
(7)
Fixed Public Transportation Stop - A stop on a system using buses, vans, light rail, rail, or other vehicles to operate on a predetermined route according to a predetermined schedule.
(8)
Frontage: The distance measured as a straight line along the Right of Way between the intersection of the Right of Way boundary and the lot lines or along the curve of the Right of Way and the intersection of the Right of Way boundary and the lot lines.
(9)
Height: The vertical distance of the highest point of the roof beam in the case of a flat roof and of the mean level of the highest gable of a sloping roof as measured from the average finished grade at the perimeter of the building. Excluded from the definition of height:
a.
On any building located within the EDID, domes, cupolas and other ornamental features, solar collectors, chimneys, ventilators, skylights, tanks, bulkheads, penthouse for stairs, parapets, elevator penthouse, machinery, antennas, transceivers, and other accessory features which are required above roofs may not exceed 20 feet measured vertically from the highest point of the entire building.
b.
On any building located within the EDID, rooftop screens, fully enclosed mechanical penthouses or fences erected to conceal equipment shall not exceed 40 feet in height and shall not be included in the height calculation of the building, provided that such rooftop screens, fully enclosed mechanical penthouses or fences are set back a minimum of 10 feet from the edge of the roof of the building.
(10)
Laboratory: A designated area within a building equipped to conduct scientific experiments, tests, investigations, research, prototype manufacture, experimental and testing activities including, but not limited to, the fields of biology, life science, chemistry, electronics, computer science, engineering, geology, medicine and physics, including vivariums. Laboratory shall include Biosafety Level 1 and 2 facilities.
(11)
Life Science: Research, development and/or prototype manufacturing utilizing microorganisms, chemical or biological substances, vivariums, or biomechanical equipment in the fields of Life Science, biotechnology, medical, pharmaceutical, environmental science, microbiology, comparative medicine, apparatus, machines and devices for research, development, pharmaceuticals, biomedical technologies, life systems technologies, environmental and biomedical devices manufacturing and advanced and practical application in any such field or areas. Life Science shall include accessory office. Life Science and Biotechnology uses are subject to all federal, state and local regulations and best management practices.
(12)
Life Science (Manufacturing): A life science or biotechnology laboratory engaged in the manufacturing of life science technologies and medicines for commercial production to the market, including accessory office.
(13)
Lot: A parcel of land under 1 sole or undivided ownership separate from that of any adjoining lots. A corner lot for the purposes of this section is any lot which occupies the interior angle at the intersection of 2 street lines which make an angle of more than 45 degrees and less than 135 degrees with each other. The Applicant shall have the privilege of calling either street lot line the front, without reference to the building arrangement.
(14)
Open Space (Limited Access): An area of land or outdoor built space such as a square, green, park, linear park, water feature, stormwater garden, landscape buffer, planting zone, bike lane, sidewalk, shared-use path, balcony, or roof deck which is located and designed for access primarily or exclusively by residents, employees and/or patrons of a Development Project, including provision for access by pedestrians and/or bicyclists for passive or active recreation. For purposes of calculating the percentage of open space in a given application, the denominator in the ratio shall include the total site area, excluding: public roads or private roads with easements (including drive lanes and parking areas) and curbs.
(15)
Open Space (Public Access): An area of land or outdoor built space such as a square, green, park, linear park, water feature, stormwater garden, landscape buffer, planting zone, bike lane, sidewalk, shared-use path, balcony, or roof deck which is located and designed for access by the public, including provision for access by pedestrians and/or bicyclists for passive or active recreation. For purposes of calculating the percentage of open space in a given application, the denominator in the ratio shall include the total site area, excluding: public roads or private roads with easements (including drive lanes and parking areas) and curbs.
(16)
Research and Development: Research, development, and testing activities that do not involve the mass manufacturing, fabrication, processing, or sale of products. Such uses shall not violate any odor, dust, smoke, gas, noise, radiation, vibration or similar pollution standard. Research and Development shall include, but is not limited to the fields of biology, life science, chemistry, electronics, computer science, engineering, geology, medicine and physics and vivariums.
(17)
Solar Uses: Any photovoltaic, solar energy, or solar thermal system that converts solar energy into electricity or useful forms of energy for water heating, space heating, or space cooling, provided the system is mounted on a building or public structure.
(18)
Setback: The shortest horizontal distance from the lot line to the nearest building wall or building part except as otherwise noted.
(19)
Substation: A substation is a part of an electrical generation, transmission, and distribution system. Substations transform voltage from high to low, or the reverse, or perform any of several other important functions. Between the generating station and consumer, electric power may flow through several substations at different voltage levels.
(f)
Administration.
(1)
Master Plan Special Permits.
a.
Amendments: An increase in floor area ratio, height, ground coverage or trip generation of less than 15%, in and of itself, shall not alone constitute a Major Amendment for purposes of Section 36 of the Zoning Ordinance. In addition, changes to uses allocated in Phases approved in a Master Plan Special Permit shall not constitute a Major Amendment, provided that the Director of Planning and Development determines that the overall impacts after the change remain consistent with the impacts identified and mitigated for in the Master Plan Special Permit.
b.
Mitigation Phasing: In approving a Master Plan Special Permit pursuant to Section 36 of the Zoning Ordinance, if the Planning Board determines, after evaluating the size, complexity, timing and scope of the proposed development, that required mitigation for the Master Plan Development can reasonably be determined at the time of issuance of a Master Plan Special Permit, it may approve a mitigation phasing plan. Alternatively, the Master Plan Special Permit may contain conditions regarding mitigation generally required for the Master Plan Development as a whole and reserving phase-specific mitigation to be determined during site plan review for each separate phase of the development.
c.
Vesting of Master Plan Special Permits: Significant investment in site work, environmental remediation work or other work conducted pursuant to (including such work performed prior to approval) and in furtherance of the development described in a Master Plan Special Permit and development authorized by a Master Plan Special Permit within, 3 years of issuance thereof, shall constitute exercise and vesting of the rights granted under the entire Master Plan Special Permit. Provided the Master Plan Special Permit is thus exercised within 3 years, the development authorized thereunder shall not be subject to amendments to this section enacted after the date of the Planning Board's vote to approve the Master Plan Special Permit, provided that any Major Amendment of the Master Plan Special Permit shall require compliance with the Zoning Ordinance as in effect at the time of amendment. If requested, the Building Commissioner shall be authorized to issue a binding written determination establishing that the work performed on-site satisfies the vesting provision of this section.
(2)
Waivers.
a.
For non-Master Plan projects, the SPGA may, within its reasonable discretion, waive application or other procedural special permit or site plan requirements upon a determination that such waivers are insubstantial and are consistent with the intent and purpose of the EDID, but may only waive zoning requirements through the special permit process.
b.
For Master Plan projects the SPGA may approve waivers as provided in Section 36 of the Zoning Ordinance.