Framingham City Zoning Code
ARTICLE II
Use Regulations
§ 435-6 Classes of districts.
For the purpose of this chapter, the City of Framingham is hereby divided into classes of Zoning Districts as follows:
A.
Residence districts. The purpose of the residential districts is to preserve the character of residential neighborhoods. The City contains five different residential zoning districts: Single-Family Residential (R-1), Single-Family Residential (R-2), Single-Family Residential (R-3), Single-Family Residential (R-4), and General Residence (G). Each district varies in lot area, frontage, setbacks, open space percentage, and height requirements. The R-1 and the G Districts contain the densest single-family neighborhoods, while decreasing in density through to the R-4 District, which contains the least dense and largest lots within Framingham.[1]
[1]
Editor's Note: Throughout this chapter, references to "Single Residence" Districts were amended to "Single-Family Residential" Districts 4-30-2024 by Ord. No. 2024-025-001.
B.
Business districts. The purpose of the business districts is to offer a range of existing and proposed commercial and mixed uses specific to each district. The variety of business districts within the City supports a range of small neighborhood villages to large commercial centers. The City contains five different business zoning districts: Neighborhood Business (B-1), Community Business (B-2), General Business (B-3 and B-4), Central Business (CB), and Business (B).
(1)
Neighborhood Business: B-1. The purpose of the Neighborhood Business District is to preserve and encourage the provision of small-scale retail and service uses for nearby residential areas. Development within this district is intended to be pedestrian-oriented and compatible with the scale of surrounding residential areas. This district reinforces historic preservation through the development of traditional neighborhood village centers, with small lots, small setbacks, parking to the side or rear, and a mixed use of structures containing a variety of businesses. The B-1 District was established to protect adjacent residential neighborhoods from the impacts and encroachment of large-scale development.
(2)
Community Business: B-2. The purpose of the Community Business District is to foster small commercial sites and compact commercial centers which provide a variety of services to nearby residential neighborhoods and the community. The emphasis of this district is on uses which will provide services for the nearby residential areas. The B-2 District shall be primarily accessible and inviting to motorists, pedestrians, and bicyclists of all ages and abilities. The district allows for a full range of retail, service, and business uses with a local market area. The desired character includes areas which are predominantly built-up, with buildings close to and oriented towards the sidewalk, especially at corners. Development is intended to be pedestrian-oriented, and buildings with an improved visual quality storefront are encouraged.
(3)
General Business: B-3. The purpose of the General Business District is to foster business and commercial areas that allow for the expansion of consolidated shopping centers and mixed uses at the local and regional scale. Development within the B-3 and B-4 District encourages the consolidation of small parcels, to establish a high-density building coverage, which aims to prevent the scattering of small-lot developments. Furthermore, development is intended to be pedestrian-oriented with a strong emphasis on a safe and attractive streetscape. Buildings should be located along the street frontage, with parking in the rear or to the side, while promoting shared-access driveways, circulation, and parking facilities where possible to increase the density of the building or landscaped area and reduce traffic hazards.
(4)
Nobscot Village District: B-4.
(a)
The purpose of the Nobscot Village District is to foster and attract development opportunities that lead to a direct investment into pivotal areas where junctions or crossroads exist. The intent is to encourage redevelopment and reinvestment into a neighborhood center in order to reestablish this area as fully integrated and functionally vibrant village center. The Nobscot Village District shall include a mixture of various uses that are able to support and promote business and community within the area. Uses are intended to complement one another and allow for different offerings such as art and cultural spaces, public community space, educational/institutional use, entertainment, residential, office space, retail, and other small business enterprises.
(b)
Streetscapes and facades are required to be designed to blend with the context of existing neighborhoods in accordance with the respective design standards set forth for Nobscot Village, while aggressively promoting a walkable community that incorporates the use of bicycles and other nonvehicular modes of transportation in order to reduce short-trip vehicular dependency. The Nobscot Village District is intended to provide all users with a live-work-play-learn environment that accommodates all stages of life and all ability levels.
(c)
The Nobscot Village District is surrounded by residential neighborhoods and open space lands. Any development and/or redevelopment within the Nobscot Village District shall be strongly encouraged to be designed in accordance with the requirements set forth in § 435-16, Nobscot Village District, and § 435-27B, Table of Dimensional Regulations, of this chapter, to ensure the intent of the Nobscot Village District is maintained as envisioned by the City of Framingham. Therefore, any relief and/or deviation from the previously stated sections of this chapter is strongly discouraged to ensure a project remains in context with the vision of the Nobscot Village District.
(5)
Central Business: CB. The purpose of the Central Business (CB) District is to stimulate a pedestrian- and transit-oriented, mixed-use environment that is supported by a mixture of residential, retail, office, and other commercial uses. The CB District encourages a compact, transit-oriented development setting while preserving the area as Framingham's financial, civic, cultural, and government center. The CB District is intended to generate a livable downtown environment with a strong presence of a multitude of activities that increase pedestrian access and reduce the number of auto-oriented uses. Development should preserve the historic nature and architecturally significant buildings within the CB District, while promoting new and infill development to support a multimodal transportation, mixed-use environment.
(6)
Business: B. The purpose of the Business District is to allow automobile-oriented commercial development in areas already predominantly built in this manner. The zone allows for a full range of retail and service business within a local and regional market. The zone's development standards promote attractive development, an open and pleasant street appearance, and compatibility with adjacent residential areas. Development is intended to be aesthetically pleasing for motorists, transit users, pedestrians, bicyclists, and the businesses owners.
C.
Office and Professional District: P. The purpose of the Office and Professional District is to serve as a transition zone between commercial, manufacturing, and residential zoning districts. The intent of this district is to accommodate professional, medical, financial, and administrative uses while creating a design and landscape that is harmonious with the adjacent residential uses.
D.
Planned Reuse District: PRD. The purpose of the Planned Reuse District is to encourage the appropriate reuse of land and buildings that are no longer needed or suitable for their original use. This district applies only to land and buildings in municipal ownership. Reuses are to be compatible with the character of the neighborhood and must take into consideration the interests of abutters, neighbors, and the public, especially where the site abuts a residential area or the building(s) merits preservation.
E.
Manufacturing districts.
(1)
Light Manufacturing: M-1. The purpose of the Light Manufacturing District is to provide space for the expansion, attraction, or retention of office, light industrial, research and development, manufacturing, service, and warehouse uses, promoting the development of businesses which incorporate a mix of industrial and commercial activities, including manufacturing and research and development, while accommodating a wide range of other employment activities.
(2)
General Manufacturing: M. The purpose of the Manufacturing District is to provide areas within Framingham where research and development, large-scale corporations, and industrial uses may locate. It is the intent of these districts to promote viable and attractive industrial areas, with a campus-style development, promoting walkability, enhancing employment and economic vitality within the districts. To minimize conflict and preserve the Manufacturing District for its primary purposes, residential uses are not permitted.
F.
Open Space and Recreation District: OSR. The purpose of the Open Space and Recreation District is to encourage, preserve, and protect land for recreational uses and to conserve natural conditions, open space, wildlife and vegetation for the general welfare of the public. Lands that are environmentally sensitive shall be preserved and protected to ensure the continued health, safety, and welfare of the community and may serve as a location for passive recreational activities. This district encourages the establishment of trails for pedestrian and nonmotorized activities.
G.
Geriatric Care/Elderly Housing District: G-E. The purpose of the Geriatric Care/Elderly Housing District is to encourage the development of senior housing that is compatible and complementary to its neighborhood scale and context, while providing services and amenities required by seniors, and allows for and encourages neighborhood walkability. Senior housing developments shall provide for superior functional design, quality of construction, appearance, and operational standards.
H.
Technology Park District: TP. The purpose of the Technology Park District is to allow lands suitable for technology production and development, such as biotechnology, software and hardware development, and electronics, in addition to industrial, professional office, research and development, and manufacturing uses that are part of a master planned development project. Developments within the district shall be designed to provide a pedestrian-friendly environment, with a high attention to design and landscape detail.
I.
Corporate Mixed-Use District (CMU). The Corporate Mixed-Use (CMU) District is intended to promote a mixture of uses that result in a vibrant master-planned community. The CMU District shall be designed as a cohesive campus with high-density development and/or redevelopment that integrates pedestrian-friendly and open space features, while decreasing the need for the use of a personal automobile for trips within the CMU and the Technology Park (TP) Zoning Districts. The CMU District is intended to enhance, support and promote retention of the existing business community while providing additional business services to Framingham's offerings as an economic center. The CMU shall serve as an innovation center for additional employment opportunities, business development, research and development enterprises, and office space that provides amenities such as employment training centers, medical education, commercial, entertainment, and recreational uses to support the business community and the region. The CMU shall follow the regulations outlined in § 435-15 of this chapter, in addition to other applicable sections of this chapter.
§ 435-7 Table of Uses. [1]
No building, structure, or land shall be used and no building or part thereof or other structure shall be erected, raised, reconstructed, extended, enlarged, or altered, for any purpose or in any manner other than as permitted as set forth in the Table of Uses or unless otherwise authorized by this chapter, except that nothing in this chapter shall affect the existing use of any building or lot. No lot may be used for more than one principal use, except as otherwise specifically allowed by this chapter.
[1]
Editor's Note: The Table of Uses is included as an attachment to this chapter.
§ 435-8 Prohibited uses.
A.
All uses that pose a present or potential hazard to human health, safety, welfare, or the environment through emission of smoke, particulate matter, noise or vibration, or through fire or explosive hazard, or glare are expressly prohibited in all zoning districts. In addition, the following uses are expressly prohibited in all zoning districts:
(1)
Abattoir and commercial slaughtering;
(2)
Manufacturing and storage of corrosive, poisonous or malodorous acids and chemicals;
(3)
Cement, lime, gypsum and plaster-of-paris manufacture;
(4)
Fertilizer manufacture or fat rendering in manufacture of tallow, grease, and oils;
(5)
Glue, size and gelatin manufacture;
(6)
Petroleum and kerosene refining or distillation and derivation of by-products;
(7)
Manufacture, use, storage, transport or treatment, disposal and/or processing of explosive, toxic or hazardous materials;
(8)
Smelting and reduction of metals or ores;
(9)
Asphalt plants;
(10)
Concrete batch plants;
(11)
Reclamation and reprocessing of asphalt and/or concrete;
(12)
Lumber mills;
(13)
Raising and breeding of fur-bearing animals;
(14)
Yard for storage and sale of used building and junk materials;
(15)
Billboards;
(16)
Any other use that produces disturbing or offensive noise, vibration, smoke, gas, fumes, odors, dust or other objectionable or hazardous features;
(17)
Automobile storage as a principal use;
(18)
Vehicle storage yard;
(19)
Truck terminal;
(20)
Landscape business;
(21)
Contractor yard or shop.
B.
No use variance shall be granted for any prohibited use set forth in this section within any zoning district in the City of Framingham.
§ 435-9 Home occupations.
Home occupations as accessory uses within single-family dwellings are subject to the following conditions:
A.
The home occupation shall be clearly incidental and secondary to the use of the dwelling as a residence, shall be located within the dwelling unit or a single accessory building, and shall not change the residential character thereof.
B.
The area utilized for the purpose of the home occupation shall not exceed the smaller of 25% of the total floor area of the dwelling unit or 400 square feet.
C.
No nonresident employees shall be allowed in a home occupation.
D.
Not more than three customers, clients, pupils, or patients for business or instruction shall be present at any one time. Customers, clients, etc., shall be present only between the hours of 8:00 a.m. and 9:00 p.m., Monday through Saturday.
E.
There shall be no exterior display or storage of goods or materials, and no exterior indication of the home office or occupation other than one nonilluminated identification sign not to exceed two square feet in area.
F.
There shall be no noise, vibration, glare, fumes, odors, or electrical interference beyond that which normally occurs in a residential area.
§ 435-10 Planned reuse.
A.
Purpose and intent. It is the intent of the Planning Reuse District (PRD) to permit and encourage the appropriate reuse of land and buildings that are no longer needed or suitable for their original use, and to permit reuses which are compatible with the character of the neighborhood and which take into consideration the interests of abutters, neighbors and the public, especially where the site abuts a residential area or the building(s) merits preservation. The provisions of this section shall apply only to land and buildings in municipal ownership that have been zoned as PRD.
B.
Use regulations. No building or structure shall be used or arranged or designed to be used in any part and no change shall be made in the use of land or premises except for one or more of the following purposes:
(1)
All uses permissible by right or by special permit in a Single-Family Residential District subject to the same lot size, frontage, and setback regulations as residences in the R-3 Single-Family Residential District.
(2)
Multifamily or single-family residences at a density greater than that permitted by § 435-10B(1) of this chapter, subject to the special reuse permit provisions of § 435-10C of this chapter.
C.
Planned reuse provisions.
(1)
Requirement. In all instances where a special reuse permit is required by this section, no structure shall be erected, enlarged or used and no land shall be used except in conformity with said permit. The Zoning Board of Appeals (ZBA) shall be the permit granting authority for such permits.
(2)
Application procedure. Prior to the filing of an application subject to this section, the applicant shall submit plans to the Building Commissioner, who shall advise the applicant as to the pertinent sections of this chapter. The applicant shall then submit five copies of the application to the ZBA, which shall forthwith transmit one copy each to the City Clerk, the Engineering Department, and the Planning Board. Such agencies shall, within 30 days of receiving said copy, submit a report containing recommendations and the reasons therefor to the ZBA, and may recommend conditions deemed appropriate for the proposed use. The ZBA shall not render a decision on any such application until said recommendations have been received and considered, or until the thirty-day period has expired, whichever is earlier. Failure of such agencies to submit their respective recommendations shall be deemed lack of opposition thereto. The conduct and notification of hearings and decisions on applications under this section shall be in accordance with the procedures for all special permits in MGL Ch. 40A, § 9.
(3)
Contents of application. To assist the ZBA in rendering its decision on the application, said application shall indicate at least the following:
(a)
Locus plan indicating, for the subject site and for all properties within 1,000 feet: lot lines, ownership, location of structures and location of significant landscape features.
(b)
Existing site plan with contours at a maximum of two feet, showing location of structures, parking areas, driveways and walkways, and other significant site features.
(c)
Proposed site plan, including a plan of the layout of buildings and structures and the proposed use of interior space; a parking plan; a landscaping plan; a drainage plan with contours at a maximum of two feet; a design plan showing the exterior treatment of buildings; and, for areas or buildings having historical or architectural significance, a design plan showing the interior treatment of buildings.
(d)
If new construction or additions are proposed, a perspective drawing showing the new construction or additions in relationship to existing buildings on the site and on adjacent land.
(e)
A traffic report.
(f)
Information pertaining to the financial feasibility and the likelihood of completion of the proposed project.
(g)
Other information as may reasonably be required by the ZBA to ensure compliance with the provisions of this section.
(4)
Conditions for approval.
(a)
The ZBA shall approve only those applications which meet the following conditions:
[1]
The proposal protects adjoining premises from characteristics of the proposed use which are incompatible, detrimental, offensive, or unsightly.
[2]
The proposal ensures the harmonious relationship of proposed structures and additions to the terrain and to the use, scale, and architecture of existing buildings on the site or in the vicinity that have functional or visual relationship to the proposed structures and additions.
[3]
The proposal preserves and enhances open space, trees, plantings and other natural features of the site.
[4]
The proposal maximizes the privacy of residents on the site and on abutting parcels.
[5]
The proposal ensures that the size, location, design, color, texture, lighting and materials of all permanent signs shall not detract from the use and enjoyment of the site and the surrounding properties.
[6]
The proposal protects Framingham's heritage by minimizing removal or disruption of historic, traditional or significant uses, structures or architectural elements, whether these exist on the site or on adjacent properties.
[7]
The proposal provides convenient and safe vehicular and pedestrian movement within the site, and in relation to adjacent ways, property or improvements, and the proposed use will not result in a volume of traffic inappropriate to the public ways providing access to the site.
[9]
The proposal provides adequate methods of disposal and storage of wastes resulting from the uses proposed for the site, and adequate methods of drainage for surface water.
[10]
The proposed uses and structures are consistent with any conditions imposed by the City Council on the sale, lease, or transfer of the site.
(b)
In approving a special reuse permit, the ZBA may attach such conditions and safeguards as are deemed necessary to protect the neighborhood, including a bond or other security to ensure compliance with the conditions of authorization.
§ 435-11 Technology Park District.
A.
Purpose and intent. The purpose and intent of these Technology Park District regulations is to promote technological and light industrial development so as to enhance employment and economic vitality by allowing a certain mix of land uses at a higher density, without a corresponding increase in traffic, than is otherwise permitted in other zoning districts. In addition, these provisions are intended to ensure that the technology park is served by a sufficient vehicular circulation network and infrastructure to meet the particular demands of the facilities within the park without a corresponding impact on services in surrounding residential neighborhoods and commercial areas in proximity to the park.
B.
Applicability.
(1)
The zoning classification of an area of land may be changed to a Technology Park District if the following conditions are met:
(b)
The land complies with all of the following requirements:
[1]
Total land area shall not be less than 150 acres.
[2]
The land shall be located within an existing Light Manufacturing ("M-1") or General Manufacturing ("M") Zoning District.
[3]
The land shall have direct vehicular access onto a divided, multilane state highway by means of an existing public way or existing curb cut.
(2)
These regulations shall apply to all new construction as well as all proposals for development within the Technology Park District which must seek a special permit from the Planning Board for off-street parking or site plan review.
C.
Permitted uses. No building or structure shall be used, constructed or designed to be used in any part, and no change shall be made in the use of land or premises, except as provided in § 435-7 of this chapter.
E.
Floor area ratio requirements in a Technology Park District.
(1)
Table of floor area ratios. The ratio of the gross floor area of any building or group of buildings on a lot, including accessory buildings but excluding parking garages or structures, to the area of the lot [Floor Area Ratio (FAR)] shall not exceed the base FAR as specified in the following Table of Floor Area Ratios, except as provided in § 435-11E(2) of this chapter.
Use | Base FAR | Maximum FAR |
|---|---|---|
Retail, commercial, day care | 0.25 | 0.32 |
Business and professional offices, educational training facilities, conference centers and centers for the performing arts | 0.4 | 0.6 |
Research and development, processing, assembly, manufacturing, printing, laboratory and associated offices | 0.8 | 1.0 |
Storage, delivery and distribution facilities | 0.8 | 1.0 |
(2)
Special permit for an increase in FAR.
(a)
Grant by Planning Board.
[1]
The Planning Board may grant, by special permit, an increase in the "base FAR" up to the maximum FAR as specified in the Table of Floor Area Ratios, § 435-11E(1), above, for parcels located in the Technology Park District, if all of the following conditions are met:
[a]
The increase in FAR will achieve the goals, intent and objectives of this Technology Park District section.
[c]
The applicant agrees to develop a Transportation Demand Management (TDM) plan and actively participate in a transportation demand management program to reduce the number of peak hour vehicle trips. TDM programs shall include, but are not limited to, membership or contribution to a transportation management organization, carpooling program, public transportation voucher program, public transit system, bicycle trail and lane, pedestrianway, or shuttle service.
[2]
The Planning Board shall make written findings prior to approving or disapproving any application for special permit for an increase in FAR.
(b)
Conditions, limitations and safeguards. In granting approval of a special permit for an increase in FAR, the Planning Board may attach such conditions, limitations and safeguards as are deemed reasonably necessary to promote the purpose and intent of this Technology Park District section. Such conditions shall be in writing and shall be part of such approval. Such conditions may include, but not be limited to, the following:
[1]
The conditions, limitations and safeguards stated in § 435-47H(1) through (6).
[2]
In lieu of specific traffic mitigation, the applicant may, at the request of the Planning Board, deposit with the Framingham Treasurer-Collector a sum of money equivalent to the requirements of § 435-47F(2)(e) of this chapter to be used for construction of roadway or other infrastructure improvements.
F.
Special regulations for Technology Park District.
(1)
Participation in TDM. All proposals for development within the Technology Park District which must seek a special permit from the Planning Board for off-street parking or site plan review shall, at a minimum, be accompanied by a transportation demand management plan and evidence of active participation in a transportation demand management program.
(2)
Off-street parking requirements. The base parking requirement for research and development, processing, assembly and manufacturing, printing, and laboratory and for associated offices that the Planning Board finds are related and ancillary to these uses shall be one space per 800 square feet of gross floor area or one space per employee, whichever is greater. Additional parking requirements for the square footage above the base FAR and up to the maximum FAR shall be additive to the base parking requirement and shall be calculated at 50% of the base parking requirement.
G.
Landscaped open space requirements in the Technology Park District.
(1)
Minimum landscaped open space in the Technology Park District shall be 25% (LSR = 0.25) for all uses within the district, except research and development, processing, assembly and manufacturing, printing, and storage and distribution facilities, which shall have a minimum landscaped open space of 20% (LSR = 0.20).
(2)
Landscaping within the Technology Park District shall be provided substantially in accordance with the goals and objectives of § 435-21H of this chapter with the following exceptions:
(a)
Landscaped buffer strips along any public street shall be a minimum of 30 feet wide. The Planning Board may reduce the buffer to 15 feet along the public way, provided that the applicant replicates the open space elsewhere on the site in the form of courtyard areas or other types of usable open space, as approved by the Planning Board.
(b)
Section 435-21H(8), Landscaping within off-street parking areas, of this chapter shall not apply. However, the parking areas shall, whenever feasible, be designed with landscaping which breaks up large expanses of asphalt with divider or terminal islands.
(c)
Section 435-21H(9), Landscaping adjacent to buildings, of this chapter shall only apply to office, education and training facilities, conference centers, centers for performing arts and retail facilities that may be constructed within the park.
§ 435-12 Accessory uses.
A.
General regulations.
(1)
Accessory uses shall be such as do not alter the character of the premises on which they are located or impair the neighborhood.
(2)
Any use permitted as a principal use is also permitted as an accessory use, provided such use is incidental to and customarily found in connection with the principal use, building or structure and which is located on the same lot with the principal use, building or structure. Any use authorized as a principal use by an SPGA may also be authorized as an accessory use by the same SPGA, provided such use is incidental to and customarily found in connection with the principal use, building or structure on the same lot with the principal use, building or structure.
(3)
Any use not allowed in a zoning district as a principal use is also prohibited as an accessory use. An accessory use is permitted only in connection with a lawfully existing principal use. A use or activity which is prohibited in the zoning district shall also be expressly prohibited as an accessory use.
B.
Restaurant outdoor dining regulations.
[Added 12-7-2021 by Ord. No. 2021-089-003]
(1)
Purpose and intent.
(a)
The 2020 COVID-19 pandemic has resulted in a spontaneous change to our economic environment, locally, nationally, and internationally. These regulations are in response to the need to allow additional seating for the restaurant community in order to optimize the utility of each respective site. Public health requirements have placed new burdens and challenges on the business community to provide more physical space between customers and staff. Restaurants have been the most affected by this change. These regulations are intended to continue to allow local restaurants to maintain currently established temporary outdoor seating on sidewalks, parking lots, on-street parking spaces, or landscaped yard areas around their restaurants to provide more space for seating their patrons and picking up takeout orders.
(b)
These regulations are intended to provide more physical space between customers and staff while maintaining the allowed number of seats permitted per site. Since restaurants have been the most affected by this change, these regulations will continue to allow local restaurants to maintain currently established temporary outdoor seating on sidewalks, parking lots, on-street parking spaces, or landscaped yard areas around their restaurants to provide a permanent solution to add more space for seating their patrons and picking up takeout orders.
(c)
This chapter provides a means for those restaurants currently permitted and those seeking permits in the future by site plan review or special permit by the Planning Board as indicated in § 435-7, Table of Uses, Section 5J, to apply for accessory use of parking areas for permanent allowance of outdoor table service, in-vehicle "car hop" service or "tailgate style" services, whereby a server delivers food and beverage to patrons seated in a parked vehicle.
(d)
These regulations will apply to by right and special permit restaurants in existence as of June 1, 2020, and future special permits approved by the Planning Board for outdoor seating. These regulations shall permanently suspend the requirements of § 435-12, Accessory uses, for this use only.
[1]
Building permit applications shall be reviewed and determined by the Building Commissioner, acting in lieu of the SPGA, who is authorized to refer such application for approval of the Board of License Commissioners.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
(2)
Parking design standards. Outdoor dining areas must be distinguished from their surroundings by some form of perimeter treatments such as a fence or barrier. Appropriate perimeter materials include, but are not limited to, demountable wrought-iron fences, bollards and chains, or individual planters of wood, masonry, or terra-cotta. The public way, i.e., sidewalk and street, may not be damaged by the installation of any perimeter treatment. Cafe umbrellas are allowed; umbrellas and furniture should be of a design appropriate to the character of the building. Perimeter treatments, umbrellas, furniture and trash receptacles shall be supplied by the applicant and shall be maintained in a safe and sanitary manner by the applicant. In cases where sidewalk use is permitted, existing public trash receptacles may not be utilized in the plan unless applicant takes full responsibility for the disposal of the waste in such public trash receptacles on a daily basis. All furniture must be secured during the hours not in use. The outdoor seating plan must meet Fire Department standards, including points of egress, access to fire extinguishers, and tent and awning ratings, if applicable. If a tent or canopy is to be used, it must be fire-rated and the fire rating for the tent must be approved. Certain size or configuration tents will require a separate tent permit as deemed necessary by the Building Commissioner and/or Fire Department.
(3)
Pedestrian and wheelchair passage. Tables and other elements of the outdoor setup shall not block sidewalks, entrances, exits, fire lanes, hydrants, sprinkler connection points, drive aisles, backup areas, pedestrian or handicapped access. In some cases, the Department of Public Works may erect temporary barriers on the street to allow for the passage of pedestrian and wheelchair traffic around the portion of sidewalks devoted to outdoor seating. The cost associated with the acquisition of the barriers shall be borne by the applicant.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
(4)
Outdoor food preparation. Outdoor food preparation is not allowed unless specifically authorized by the City's Board of Health.
(5)
Alcoholic beverages. Approval of an outdoor dining area shall not to be construed as an approval for the alteration or extension of premises where alcoholic beverages are served. The serving or consumption of alcohol outside of the premises of a duly licensed establishment to serve alcohol must be approved by the Framingham Board of License Commissioners and Alcoholic Beverages Control Commission on a case-by-case basis.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
(6)
Entertainment. Approval of an outdoor dining area shall not to be construed as an approval for the alteration or extension of premises with respect to live or nonlive entertainment.
(7)
Temporary seating and parking relief. Due to the seasonal and temporary nature of an outdoor dining area and reduced occupancy loads required by emergency regulations, the seating within an outdoor dining area cannot be used to increase the number of seats serving a restaurant or eating establishment and will not be counted towards any off-street parking requirement.
(8)
Application procedure.
(a)
Applicants shall submit an application to amend an existing building permit to allow for a permanent outdoor dining license to the Inspectional Services Division for review and approval. Applications may be submitted in electronic format by thumb drive, compact disc or internet drive files such as Dropbox.™ In cases where the applicant's plan involves the use of the sidewalk in the CB District or any other district, a copy of the application will also be provided to the City Councilor in which the subject property is located. All plans must comply with any applicable Massachusetts Governor's orders, Massachusetts Department of Public Health orders and guidance documents for social distancing and for food services establishments.
(b)
Where the outdoor seating plan is acceptable and the application form is complete, it will be forwarded to the Board of License Commissioners for approval. Outdoor seating permits may include conditions of approval such as daily cleaning and maintenance of the outdoor seating area.
(c)
The expansion of restaurant outdoor dining area shall require an integrated pest management plan to encompass the outdoor seating area. If additional information is needed or a revision to the seating plan is required, the Inspectional Services Division will contact the applicant.
(d)
An original application to amend an existing building permit shall be submitted along with a plan for the outdoor seating area and an insurance certificate covering such outdoor seating area. Plan submittal shall be either full- or half-size architectural drawings prepared, signed and stamped by either a registered professional architect or professional engineer in the Commonwealth of Massachusetts unless otherwise exempted from this provision under MGL c. 143, § 54A.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
(e)
The applicant shall submit any other supporting documentation as may be specified by the SPGA rules and regulations.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
(f)
Once the application has been deemed complete by the Building Commissioner, a copy of the application shall be filed with the City Clerk.
(g)
The Technical Review Team shall be consulted to review all applications under this subsection and may issue an administrative approval of the special permit for accessory use of parking areas for temporary outdoor table service.
(9)
Plan requirements.
(a)
A revised site plan shall be submitted, detailing the proposed outdoor dining area, the arrangement of outdoor dining furniture, perimeter fencing, cafe umbrellas, outdoor heaters and any other equipment or furnishings planned to be utilized in the area.
(b)
Areas designated for picking up takeout food shall also be shown on the plan.
(c)
The restaurant shall follow all applicable regulations as outlined by the Massachusetts Department of Public Health, the Alcoholic Beverages Control Commission, and all City health and safety rules, which are not associated with an outdoor seating plan.
(d)
Smoking is prohibited in all outdoor dining areas.
(e)
If a restaurant will be utilizing an existing parking lot or yard area, a plan with the same requirements is required. If a temporary tent or similar structure is proposed, approval of the Building Commissioner is required.
(f)
Outdoor seating proposed for a parking lot shall not occupy more than 50% of the required parking spaces.
(10)
Insurance.
(a)
The licensee shall carry or require that there be carried workers' compensation insurance for all employees and those of its contractors and/or subcontractors engaged in work at the dining facility, in accordance with the state workers' compensation laws. The licensee shall, prior to the issuance of the license, furnish a certificate of insurance to the City's Inspectional Services Division, evidencing coverage for workers' compensation insurance.
(b)
In addition, the licensee shall carry comprehensive public liability and property damage liability insurance and, if applicable, liquor liability insurance in accordance with MGL Ch. 138, § 12, to cover the licensee and its contractors and subcontractors against claims due to accidents which may occur or result from operations under the license. Such insurance shall cover the use of all equipment related to the provision of sidewalk dining services. The comprehensive general liability policy shall insure against all claims and demands for bodily injury and property damage with respect to the sidewalk dining facilities and services. The minimum amount of liability insurance shall be in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Insurance shall be provided by a company licensed to do business in the Commonwealth of Massachusetts.
(c)
The City shall be named as an additionally insured in all policies for such insurance. The licensee (and their heirs, successors and assigns in interest) shall also agree to hold harmless, defend and indemnify the City of Framingham and its employees and agents from any responsibility, liability and claims arising out of or related to the operations under the license.
(d)
Where such insurance is renewed or replaced, the licensee shall furnish the City's Board of License Commissioners with a certificate of insurance evidencing same.
(11)
Approval.
(a)
Following receipt of a favorable determination by the Building Commissioner, the Board of License Commissioners may approve an outdoor dining license. Upon approval of an outdoor dining area, the Board of License Commissioners and the Building Commissioner will sign the application, stating the permanent approval.
(b)
Determination of an application shall be made no later than 10 days from receipt of a complete application. Decisions shall be made in writing, filed with the City Clerk, and such record kept with the Planning Board.
(12)
Revocation. If at any time the Building Commissioner determines that the license holder is not complying with these regulations, then the license shall be subject to revocation and notification will be made to the Board of License Commissioners.
(13)
Amendments. These zoning regulations may be amended from time to time by a supermajority vote of the members of the Framingham City Council, provided such amendment follows the required public hearing process for zoning amendments.
(14)
Effective date of adoption. This chapter shall be adopted following a public hearing and vote of the City Council effective as of that date.
C.
Accessory dwelling units.
[Added 10-3-2023 by Order No. 2023-077-002]
(1)
Purpose and intent. The purpose and intent of allowing accessory dwelling units is to:
(2)
Eligibility. Only an owner of a lawful, owner-occupied single-family dwelling on a conforming or pre-existing nonconforming lot, lawfully occupied as a single-family dwelling, may be an eligible applicant for an ADU on such lot pursuant to this section. For the purposes of this section, the "owner" shall be one or more individuals who hold title directly or indirectly to the dwelling and lot, and for whom the on-site dwelling is their primary residence.
(3)
Applicability and procedure.
(a)
Basic requirements.
[1]
No ADU shall be allowed except in compliance with the provisions of this section, and shall require a special permit with review and approval as set forth herein.
[2]
The Zoning Board of Appeals (ZBA) shall be the special permit granting authority (SPGA) for special permits under this section. The SPGA must determine that such conversion or new construction and the occupancy of each unity shall meet the requirements of this section.
[3]
A special permit may be granted by the SPGA pursuant of § 435-46 of this Zoning Ordinance for the conversion of a lawful, owner-occupied single-family dwelling to accommodate an ADU by the partitioning of existing interior space or the construction of an addition.
[4]
Floor plans of the ADU and principal residence must be filed with the application for a special permit.
(b)
Permit to construct. Upon receipt of a special permit from the SPGA, the applicant shall apply to the Building Commissioner for a permit to construct an ADU and shall provide written evidence that all conditions as may be part of the special permit decision have been satisfied. Prior to issuance of a building permit, the owner(s) must submit an affidavit to the Building Commissioner and shared to the SPGA file of the property stating that the owner will occupy one of the dwelling units on the premises as the owner's primary residence.
(4)
General standards and requirements.
(a)
The owner of the property on which the ADU is to be created must occupy at least one of the dwelling units as their primary residence.
(b)
No ADU shall be held in separate ownership from the primary dwelling unit.
(c)
The ADU shall be limited to a maximum of 900 square feet or half the floor area of the principle dwelling, whichever is smaller.
(d)
The unit will be a complete, separate housekeeping unit containing sleeping, cooking, and sanitary facilities.
(e)
An ADU may not be occupied by more than two people nor have more than two bedrooms.
(f)
No variances from dimensional regulations as set forth in the Framingham Zoning Ordinance shall be granted for ADUs.
(g)
There shall be at least one off-street parking space provided on the property for the occupants of the ADU in addition to the off-street parking requirements for the primary dwelling unit.
(h)
An ADU shall be designed to maintain the appearance, character and scale, as viewed from the street, of the primary dwelling unit, subject to the following standards and requirements:
[1]
Exterior alterations of a structure shall maintain the architectural integrity of the existing structure, including exterior finish material, windows, roof, and trim.
[3]
Where two or more entrances are included on the front facade of a dwelling, only one entrance shall appear to be the principal entrance to the structure and other entrances shall appear to be secondary.
[4]
ADUs shall be constructed with universal design principles and designs that can be easily modified for accessibility, as practical.
(5)
Conditions.
(a)
Upon receipt of the special permit, the owner of the property shall record with the Registry of Deeds for the Southern District of Middlesex County, or with the Land Court, a certified copy of the decision of the SPGA authorizing the site for an ADU. Copies of the recorded document shall be filed with Inspectional Services Department, SPGA, and the Assessing Department. A certificate of occupancy may not be issued prior to receipt of recorded documents.
(b)
When ownership of the property changes, the new property owner shall notify the Building Commissioner and the SPGA within 30 days, at which time the Building Commissioner shall conduct a determination of compliance with this section and the filed decision of the SPGA, and all other applicable codes. The new property owner must, within 30 days of the sale, submit an affidavit to the Building Commissioner shared to the SPGA file on the property stating that they will occupy one of the dwelling units on the premises as their primary residence.
(c)
If an ADU is discontinued, the owner shall provide a notarized letter notifying the Building Commissioner and the SPGA of removal of the kitchen facilities. Said unit shall be removed from the City's ADU inventory.
(d)
Property owners shall file with the Building Commissioner and SPGA a sworn certification attesting to continued compliance with the requirements of this section, the filed special permit, and all applicable public safety codes. Such certification shall be filed every two years on the first business day of January or upon transfer to a new owner as provided above, and the property may be subject to inspection and further documentation, as requested by the Building Commissioner.
(6)
Administration and enforcement.
(a)
It shall be the duty of the Building Commissioner to administer and enforce the provisions of this section.
(b)
The Building Commissioner shall issue violations and fines for any ADUs which are not compliant with this section.
(c)
The Building Commissioner shall keep record of all ADUs and provide a yearly report of all ADUs within the City.
(d)
No ADU shall be occupied without a certificate of occupancy. The initial occupancy permit shall remain in force for a period of two years from the date of issue, provided that ownership of the premises is not changed. Thereafter, permits may be issued by the Building Commissioner for succeeding two-year periods, provided that the structure and use continue to comply with the relevant provisions of the State Building Code, this section, and the special permit.
(e)
The Building Commissioner may, in addition to other remedies, revoke permits and order removal of the separate kitchen facilities that were installed to create the ADU, if the unlawful use of an ADU is discovered.
§ 435-13 Trailers.
A.
No automotive type of trailer, whether mobile or immobile, hereafter put in place upon any land within Framingham shall be occupied for living purposes or business purposes for a period exceeding 30 days in the aggregate in any one year, except as may be permitted hereinafter.
B.
The Zoning Board of Appeals (ZBA), in its discretion, may permit such use on a temporary basis for a longer period, after formal application has been submitted to the ZBA and after a duly advertised public hearing.
C.
Temporary on-site trailers used for construction purposes shall be exempt from the provisions of this section, but shall be subject to the State Building Code.
D.
The owner and occupier of a residence which has been destroyed by fire or other natural holocaust shall be permitted to place a manufactured home on the site of such residence and reside therein for a period not to exceed 12 months while the residence is being rebuilt.
§ 435-14 Central Business District.
[Amended 1-3-2023 by Order No. 2022-132]
A.
The Central Business (CB) District design standards have been developed to promote quality development that preserves and enhances Downtown Framingham's history and character; and further encourages a walkable, pedestrian- and transit-oriented environment. These design standards are integral to the CB District regulations and must be met as part of any CB District site plan review and approval.[1]
[1]
City staff, through the permitting preview process, will ensure projects meet design standards and design guidelines in cases where substantial alterations of existing structures or expansions of existing structures result in a total floor area of less than 3,000 square feet.
B.
The Planning Board may require applicants, in need of a special permit for use in the CB District, to utilize facade easements in order to protect the values of historic structures. Such requirement would be applicable only where a development proposal, associated with such special permit, would result in the demolition or major exterior renovation of buildings which are listed on the Inventory of Cultural Resources or are in a National Register District.
D.
Development within the CB District that requires site plan review and/or special permit shall be subject to the following design regulations. Framingham encourages projects that do not require site plan review and/or special permit approval to incorporate the design regulations and standards into their projects.
(1)
Building scale.
(a)
The base, middle, and top areas of a building shall be clearly delineated through the use of architectural features.
(b)
Ground-level ceiling heights along primary roadways (Concord Street, Union Avenue, Waverly Street, and Hollis Street) shall be a minimum of 14 feet to accommodate retail uses.
(c)
New buildings' heights may differ but shall reflect the height of adjacent buildings through aligning facade elements (e.g., cornices), or use of stepbacks to reinforce the scale, massing, and proportions of existing structures.
(2)
Facades.
(a)
Buildings more than 50 feet in width shall be broken into bays to reflect the historic building rhythm of Downtown Framingham.
(b)
Flat facades shall be discouraged by the use of balconies, change of materials, or architectural detailing to provide visual appeal and to break down the building scale.
(c)
Blank wall surfaces greater than 20 feet in width are prohibited when visible from the street.
(d)
Sides of buildings with frontage on a street shall include windows and may include doors, as needed, along with architectural features that create interest to the less visible portion of the building.
(3)
Windows.
(a)
Facades along primary downtown streets (Concord Street, Union Street, Waverly Street and Hollis Street) shall incorporate no less than 60% transparent glazing on the ground floor to maximize visibility of street level uses.
(b)
Facades along secondary streets shall incorporate no less than 40% transparent glazing on the ground floor.
(c)
No portion of the facade shall be constructed of glass that prevents pedestrian visibility of interior ground-floor activities.
(d)
Upper floor windows shall not be larger than ground-floor windows.
(e)
Wherever possible, window styles shall be compatible with the historic style of adjacent structures.
(4)
Entrances.
(a)
Building entrances.
[1]
Primary building entrances shall be located on public sidewalks/streets, or on corners wherever possible to emphasize the pedestrian environment.
[2]
Doorways to upper floors shall be separate from ground-level retail entrances.
[3]
Doors shall not extend beyond the exterior facade into pedestrian pathways.
(5)
Parking. To encourage an active, pedestrian environment, vehicle parking shall be located behind or to the side of buildings whenever possible. Below-grade and structured parking are encouraged.
(6)
External materials:
(a)
Building materials shall reflect the character of Downtown Framingham. Predominant wall materials utilized within the CB District are brick, stone, and precast concrete.
(b)
Fiberboard/fiber cement board and wood siding are encouraged adjacent to residential districts.
(c)
The use of simulated and/or prefabricated brick or stone, particleboard, plywood, and/or aluminum and vinyl siding is strongly discouraged.
(7)
Awnings and canopies. Awnings and canopies are encouraged to enliven the ground floor and to provide shelter for ground-floor outdoor uses such as dining.
(8)
Roof form.
(a)
Roof forms and lines should complement adjacent buildings within the CB District.
(b)
Variations in height are encouraged through the use of architectural elements that may include cornices and parapets. These architectural features shall create interesting and varied rooflines.
(c)
Rooftop mechanical equipment shall be screened and designed as a component of the overall roof design. It shall not appear to be an add-on element.
(d)
Rooftop screening and mechanicals shall be designed to accommodate soundproofing.
(9)
Service areas, utilities, and mechanical equipment.
(a)
Service and loading areas, utilities, and mechanical equipment shall be located on the side or rear of a building. These features shall be sufficiently screened using architectural forms, fencing and/or landscaping so as to not be visible from streets and public open spaces.
(b)
Service areas, utilities, and mechanical equipment shall be designed to accommodate soundproofing.
(c)
Chain-linked fencing shall not be permitted for screening.
E.
Central Business District parking regulations; off-street parking requirements.
(1)
Residential parking requirements.
(a)
Residential structures and the residential component of mixed-use structures shall comply with the Residential Off-Street Parking Requirements Table herein.
Residential Off-Street Parking Requirements Table | |
|---|---|
Unit Type | Minimum Spaces Per Unit |
Studio | 1 |
1-bedroom | 1 |
2-bedroom | 2 |
3-bedroom | 2 |
(b)
On-site parking requirements may be reduced as determined by the Planning Board if an off-street public parking lot of 20 spaces or more exists within 300 feet of the principal use and the public parking lot has ample spaces available to serve the immediate area as determined by a survey of occupancy and usage.
(c)
The Planning Board shall maintain an inventory of off-street public parking spaces as a basis to fulfill residential parking requirements. This inventory shall preclude the allocation of the same off-street public parking spaces to more than one residential project.
(2)
Commercial parking requirements. Ground-floor commercial uses within the CB District are exempt from commercial parking requirements with the following exceptions:
(a)
Restaurants and brewpubs over 5,000 square feet shall provide parking at a maximum of three off-street spaces per 1,000 gross square feet.
(b)
Nonmedical office uses shall comply with § 435-24A(1), Table of Off-Street Parking Regulations.
(3)
The SPGA may consider a reduction of the aisle width requirement and also the inclusion of compact-sized parking spaces.
F.
Central Business District height requirements near residential districts.
Distance from Residential District** | Building Height (feet) |
|---|---|
Within 50 feet | 40 |
Equal to or greater than 50 feet but less than 200 feet | 50 |
Equal to or greater than 200 feet but less than 300 feet | 60 |
Equal to or greater than 300 feet | 70 |
** | The distance category shall apply where at least 50% of the parcel's total area, in square feet, lies within one of the four categories listed above. |
G.
All projects within the Central Business Zoning District shall comply with § 435-14, Central Business (CB) Zoning District design standards. However, the Planning Board may waive the requirements for § 435-14, Central Business (CB) District, by a four-fifths vote where such waivers will allow for better design and/or improved protection of historic resources.
§ 435-15 Corporate Mixed-Use District.
A.
Purpose and intent.
(1)
The Corporate Mixed-Use (CMU) District is designed to encourage a mixed-use, master-planned community that supports commercial, office, manufacturing, research and development, retail, education, community space, open space, and mixed-use opportunities. The CMU is intended to provide the tools and support for both entrepreneurs seeking new business enterprise opportunities as well as those established businesses seeking to meet existing and future expansion goals. These regulations have been established to promote an efficient and predictable review process for developers while ensuring a well-designed community for Framingham.
(2)
The CMU District is intended to function as an employment center that will possess a high-quality, diverse workforce while establishing a mixed-use environment where users can work, play, socialize, and study.
B.
Circulation, parking, transportation. Projects within the CMU are required to meet the directives of the Master Land Use Plan, Bicycle and Pedestrian Plan, Transportation Master Plan, and must comply with the purpose and intent of § 435-15A of this chapter, in addition to the following provisions as set forth:
(1)
Parking and access. Parking plan designs for the CMU District shall determine the layout of each project. Applicants are encouraged to provide adequate off-street parking to meet the needs of the project, but also are required to preserve land for pedestrian and open space uses wherever possible.
(b)
Off-street parking standards as required pursuant to § 435-24A(1) of this chapter shall meet maximum rather than minimum requirements. A special permit shall not be required to provide less than the number prescribed in § 435-24A(1) of this chapter, but rather a special permit shall be required if the number of off-street parking spaces exceeds the required number of allowed off-street parking spaces.
(c)
Projects within the CMU District are strongly encouraged to utilize § 435-24A(7) of this chapter to reduce the required number of off-street parking spaces through the use of shared parking programs and shared off-street parking facilities.
(d)
Off-street parking shall be located to the side and/or rear of the structure. The Planning Board may permit a limited number of off-street parking spaces to be located between the public right-of-way and the structure for the purpose of accessible off-street parking and temporary drop-off parking if it finds that the overall facade design, site plan, and operational characteristics of the facility will be improved by the inclusion of such off-street parking. Such drive aisle and off-street parking shall not encroach upon the landscape amenity area [§ 435-15D(2)(a) of this chapter].
(e)
Land banking off-street parking for future use is strongly encouraged wherever possible.
(f)
On-street parking is strongly discouraged within the CMU District.
(g)
Below-grade parking, structured parking, and/or parking on the side and/or rear of a building is required for all CMU District projects, except as allowed in § 435-15B(1)(d) of this chapter.
(2)
Curb cuts and access drives.
(a)
Projects within the CMU shall design drive aisles with a maximum of 24 feet in width regardless of available off-street parking. Therefore, the numbers prescribed in § 435-24B(1) of this chapter entitled "Traffic Circulation" shall not apply.
(b)
The reduction and/or consolidation of curb cuts and the use of access driveways and alleyways to connect abutting properties is strongly encouraged to the maximum extent feasible. The use of consolidated curb cuts, alleyways, and access drives shall be permitted by right within the CMU whenever such use is under project review by the Planning Board.
(c)
Curb cuts and access drives shall be designed in accordance with municipal standards and shall be reviewed and approved by the Department of Public Works (DPW), the Fire Department, and the Police Department to ensure adequate circulation.
(3)
Transportation.
(a)
Development within the CMU District shall be designed to prevent and/or mitigate any adverse impacts on the level of service (LOS) created by a project.
(b)
Impacts to the transportation system within the CMU that degrade the LOS shall be mitigated as follows:
[1]
A monetary contribution shall be provided to the City that is equivalent to 1.5% of the total construction value of the project (less the cost of land and construction labor cost). If necessary improvements are constructed and installed by the applicant, such monetary contribution shall be waived. Such payments shall be deposited into the Transportation Improvement Fund for the sole purpose of funding transportation improvements as directed by the Master Land Use Plan and Technology Park – CMU Traffic Master Plan, dated October 2016, and any other recommendations contained within relevant City studies regarding the creation of interconnected transportation hubs. Said funds shall be used in the CMU or within a half mile of the respective project boundaries.
[2]
Unused funds shall be deposited into the Transportation Improvement Fund, as outlined in § 435-15B(3)(c) herein, and only earmarked to be exclusively utilized for the respective zoning district.
(c)
All projects within the CMU District shall provide a cash payment equivalent to 1% of the total project cost (less the cost of the land or construction labor costs) for the purpose of long-range transportation implementation and maintenance. Such payments shall be deposited into the Transportation Improvement Fund for the sole purpose of funding long-range transportation projects, maintenance, and necessary transportation improvements within the CMU or within a half mile of the respective project boundaries, as determined by the Planning Board, the Department of Public Works (DPW), directed by the Master Land Use Plan and Technology Park – CMU Traffic Master Plan, dated October 2016, and any other recommendations contained within relevant City studies.
(4)
Complete streets.
(a)
Projects within the CMU District shall incorporate complete streets infrastructure in accordance with the Framingham Complete Streets Policy.
(b)
Development within the CMU District shall provide accessibility to users of all ages, abilities, and modes of transportation. Connections to trails and open space are strongly encouraged for all projects within the CMU District.
(c)
Sidewalks shall be required along the frontage of all properties in all CMU District projects being developed or redeveloped. The installation of sidewalks shall be constructed and/or improved as part of the project in accordance with the Department of Public Works construction standards and 521 CMR accessibility requirements.
(d)
Sidewalks, crosswalks, and other pathways shall be strongly encouraged throughout the CMU District where possible. Sidewalks shall provide connectivity to abutting properties and zoning districts.
(e)
Where necessary, at the discretion of the Planning Board, those projects located within a quarter mile of an intersection that is in need of updating pedestrian infrastructure shall be required to upgrade and/or install sidewalks and crosswalks that comply with Framingham's Public Works Construction Standards and 521 CMR. Said improvements may include, but are not limited to, pedestrian traffic signal push buttons and bicycle detector technology at indicated intersections.
(f)
Installation of bicycle racks (§ 435-24G of this chapter), bicycle lockers, indoor bicycle parking, and other amenities to support bicycling is required to be incorporated into each project.
(g)
All projects within the CMU shall provide a cash payment equivalent to 0.5% of the total project cost (not including the cost of the land or construction labor costs) for the purpose of streetscape and/or trail improvements. Such fund shall be utilized within the respective CMU for street trees, street furniture, utilities, and associated improvements within the public right-of-way. Furthermore, such funds can be utilized for open space improvements of trails and sidewalks within the CMU District or within one mile of the boundaries of the district to promote nonvehicular transportation options within the CMU or connecting to the CMU. Funds shall be utilized by the Open Space and Recreation Working Group Coordinator, the Department of Parks and Recreation, and/or the Department of Public Works, and approved for use by the Planning Board.
C.
CMU development impact report.
(2)
General information regarding the CMU development impact report. The proposed CMU development impact report is to be utilized as a development plan for the project within the respective CMU District. Furthermore, the CMU development impact report is to ensure cooperation and coordination between Framingham and the landowners/businesses located within the CMU District since the CMU District is intended to establish a thriving employment center that supports its users. The CMU development impact report shall provide documentation as to how the proposed development and/or redevelopment project will affect Framingham and how the applicant proposes to mitigate those anticipated impacts on the respective CMU District. In doing so, each project shall prepare a development impact report that is intended to be a master plan for the project, and contribute to the neighborhood master plan for the CMU and Technology Park (TP) Zoning Districts.
(a)
Prior to filing an application for a project within the CMU District, the applicant shall prepare and submit a proposed CMU development impact report for review to the Planning Board Administrator.
(b)
The Planning Board Administrator and the Technical Review Team (TRT) shall review such CMU development impact report and respond to the applicant within 21 days so that the applicant may submit a complete CMU development impact report with the project application.
(c)
Any missing and/or additional information requested by the Planning Board Administrator and the TRT shall be provided by the applicant as part of the final CMU development impact report.
(3)
CMU development impact report. The CMU District shall be designed as a corporate master-planned commercial community. Therefore, an applicant proposing development and/or redevelopment projects in the CMU District shall submit a final CMU development impact report that shall contain the following, in addition to the information requested in § 435-15C(4) of this chapter:
(a)
Documentation detailing how the project will fit into the existing and projected development and/or redevelopment of the CMU District;
(b)
Documentation providing an outline detailing with whom the applicant will work to complete the project. This should include the following: businesses and landowners within the CMU District, local and state agencies, land use consultant, etc.;
(c)
Documentation demonstrating how the project will foster and promote the CMU as a corporate mixed-use commercial district with predominate uses being research and development, technology, distribution, and office-related uses. Other supporting uses may include commercial, retail, and educational/community-space uses;
(d)
Documentation demonstrating a long-range plan with specific realistic, achievable goals addressing ways to alleviate traffic congestion within the Exit 12 area (TP and CMU Zoning Districts); and
(e)
Documentation of a plan to mitigate any projected adverse impacts to Framingham's existing infrastructure.
(4)
CMU development impact reports. An applicant proposing development and/or redevelopment projects in the CMU District shall submit a final CMU development impact report as part of the application package that contains a business plan and the following documentation for review and consideration as part of the CMU development impact report:
(a)
Environmental impact statement (EIS). A statement that outlines the impacts that the project will have on the environment, the ecology of the land, landscape, and topography of the respective CMU District. The EIS shall also include information on stormwater flows, natural resources, historical structures (if any), topography, types of soils, and water resources.
(b)
Stormwater management statement (SMS). A statement that outlines how the new development and/or redevelopment will incorporate the use of low-impact development (LID) and best management practices (BMP) to manage and infiltrate stormwater on-site. Furthermore, this shall include a statement demonstrating potential reuse of rainwater for irrigation, the use of rain gardens within parking lots, and erosion control methods to prevent erosion and reduce stormwater runoff.
(c)
Neighborhood impact statement (NIS). A statement that outlines how the new development and/or redevelopment will fit in, enhance, and blend with the character of the respective CMU District. The NIS shall further outline how the project will incorporate complete streets concepts and how these techniques will support the pedestrian and bicycle community. Furthermore, because the project is strongly encouraged to utilize alternative energy, a statement shall be provided to show how alternative energy shall be used on-site.
(d)
Community impact statement (CIS). A statement that outlines the impacts that the project will have on the community, the local schools, public parks, and open space. Any potential adverse impacts shall be mitigated by the applicant and shall be demonstrated within the CIS.
(e)
Common area impact statement (CAIS). A statement that details the area(s) within the project that is open to the public, including space within buildings that are open for public use. The CAIS shall show the connections within the respective CMU District that offer enhancements towards creating a master-planned community.
(f)
Infrastructure impact statement (IIS). A statement that outlines the impacts that the project will have on municipal infrastructure, including specific documentation as to how the adverse impacts to the municipal infrastructure shall be mitigated.
(g)
Traffic connection statement (TCS). A statement that outlines the impacts on existing roadways, connections to existing and new streets, projected effects to the flow of vehicles on newly created streets and possible consolidation of curb cuts and driveways.
(h)
Fiscal impact statement (FIS). A statement that outlines both the positive and negative fiscal impacts of the project on the City and specifically includes projected tax revenues, the number of expected jobs created (e.g., construction, part-time, and full-time jobs) as well as the need for any new infrastructure or municipal buildings, staff or facilities.
D.
Design standards for the CMU district. Projects within the CMU shall be exempt from the requirements set forth in § 435-47E of this chapter. Projects shall be designed to the standards set forth in § 435-15 of this chapter, unless relief is otherwise granted by the Planning Board.
(1)
Building design.
(a)
New and/or redeveloped buildings shall be designed to blend and create a transitional balance between the proposed project and existing development to create a master-planned community.
(b)
Buildings shall be designed to utilize architectural styles that are modern, progressive, and compatible with the existing architecture within the CMU District while incorporating current state-of-the-art construction design and technology.
(c)
Buildings shall be designed to use multiple complementary exterior materials that promote creativity and individuality while ensuring that the building blends with the respective CMU District and creates an overall impression of a master-planned community.
(d)
The massing of the building shall be designed to correspond to a pedestrian scale and to ensure that the building is incorporated into a walkable campus.
(e)
Large-scale buildings are encouraged to vary the heights of building sections to provide interest in design and practical utility, particularly at building entrances and lobby areas, to enable, enhance and encourage pedestrian use.
(f)
Buildings should be designed with adequate views of the exterior site for building occupants. Windows that create transparency on the ground floor near pedestrian areas and roadways are strongly encouraged.
(g)
Multiple structures may be located on one lot with more than one allowed principal use. Such structures shall be spaced a minimum of 20 feet apart and comply with the regulations set forth by the State Building Code and the State Fire Code.
(2)
Landscaping.
(a)
Projects within the CMU District shall create a landscape amenity area that is a minimum width of 50% of the distance between the public right-of-way and the building. This area shall be landscaped with street trees, pedestrian amenities, outdoor seating, and similar improvements for the purposes of creating usable open space. Sidewalks and pathways may be incorporated into the landscape amenity area.
(b)
CMU District projects are encouraged to incorporate creatively designed plazas, courtyards, and/or terraces to enhance the attractiveness, connectivity and pedestrian environment of the project.
(c)
The use of public art within landscaped areas is strongly encouraged.
(d)
Lighting within the CMU District is required to enhance the pedestrian experience and provide additional well-lit walkways for the safety of all users.
(e)
Projects shall be designed to comply with the required open space requirement set forth in § 435-27B of this chapter. A project may increase the lot coverage from 70% to 80% in the CMU if the project's open space immediately abuts at least 50% of the required landscaped area of the adjoining project for a distance of at least 50 feet. The intent of this increase is to allow for connectivity to usable open space areas.
(3)
Loading bays and service docks, rooftop equipment, infrastructure, and mechanical equipment.
(a)
Service bays and loading areas, dumpsters, ground-mounted mechanical equipment, and utilities shall be located on the side or rear of a building and shall not be visible from roadways or open space areas. Such features shall be screened from the public view by using architectural forms, fencing, and/or landscaping materials.
(b)
All utilities are required to be placed underground to minimize the visual impact on the district. Where transformers, switch boxes, and other utility cabinets are required, the applicant shall locate these and other such mechanical components away from the front of the building. The use of bollards, fencing, and landscaping shall provide screening and protection for these features.
(c)
Rooftop equipment shall be screened and shall not be visible from the ground or adjacent buildings.
(d)
Rooftop accessories and equipment shall not exceed 20 feet above the ceiling of the last permitted floor level and shall meet current high-efficiency energy and low noise industry standards.
(4)
Pedestrian connections.
(a)
Projects shall be designed for all users, including pedestrians and bicyclists, by incorporating outdoor community places while utilizing the permitted high density within the respective CMU District.
(b)
Projects within a CMU District shall be designed as an urban, walkable campus environment where the streets and sidewalks create connections between employment, commercial, and recreational facilities within the CMU District.
(c)
The use of catwalks is strongly encouraged to provide optimum physical connections between buildings and parking within the CMU District.
(d)
Outdoor dining areas are encouraged but shall not impede pedestrian traffic flow. A minimum unobstructed pathway of five feet shall be maintained for pedestrian traffic on sidewalks. Outdoor dining areas shall be separated by fencing to provide separation from pedestrian sidewalks.
(5)
Solar and alternative energy.
(a)
The use of rooftop gardens, green roofs, solar carports, rooftop solar, etc., is strongly encouraged to be incorporated into all projects within the CMU District.
(b)
Projects should strive to incorporate alternative-energy and energy-efficient features, technologies and solar infrastructure within the design and construction of all new and redeveloped buildings within the CMU District.
(c)
Structures shall be constructed to be solar ready in accordance with State Building Code.
(6)
Stormwater improvements and infrastructure improvements.
(a)
Stormwater drainage systems shall comply with the MS4 regulations and incorporate LID techniques and best management practices to achieve sustainability objectives outlined in the Master Land Use Plan.
(b)
Electric, telephone and other utility lines and equipment, such as water, sewer or gas, shall be coordinated together and placed underground and located to eliminate all adverse impacts on the groundwater levels. The proposed method of sanitary sewage disposal and solid waste disposal from all buildings shall be precisely indicated on the plans.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
E.
Application review.
(1)
The Planning Board will review projects within the CMU for compliance with §§ 435-15 and 435-47F, G, H, I, and J; in addition to other applicable sections, § 435-15 shall be reviewed as an addendum to site plan review for the CMU only. The provisions of § 435-15 of this chapter shall supersede the provisions of § 435-47B, C, D, and E of this chapter.
(2)
Projects that require review by the Planning Board pursuant to site plan review/§ 435-15 of this chapter shall include:
(a)
All construction of a new structure or group of new structures or alterations of existing structures that result in an expansion to the structure resulting in greater than 5,000 gross square feet in the CMU.
(b)
Construction or expansion of a parking lot greater than 20 off-street parking spaces. This shall not include repaving or restriping where no new additional pavement is added.
(c)
Commercial ground-mounted solar photovoltaic renewable energy installations.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
(d)
Any new structure or alteration of an existing structure or change of use in any structure for an entity claiming exception under MGL c. 40A, § 3. Site plan review shall be limited in such circumstances to the imposition of reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements.
(3)
For minor projects, the TRT as outlined below shall perform review. The TRT shall operate under an open and transparent process that is open to the public, pursuant to the regulations outlined in § 525-26 of Chapter 525, Planning Board Rules and Regulations. The respective member of the City Council shall participate in the TRT meeting as the representative of the neighborhood. Projects that require review by the Technical Review Team pursuant to site plan review/§ 435-15 of this chapter shall include the following:
(a)
All construction of a new structure or group of new structures that do not require any special permits or any alterations of existing structures that result in an expansion to the structure that does not require any special permits.
[1]
Five hundred gross square feet to 4,999 gross square feet in the CMU.
(b)
Any modification to a site plan previously approved by the Planning Board that has not been deemed a minor field change and that no additional square footage is being added to an existing structure.
(6)
Applicants who meet with the TRT prior to the submittal of an application package to the Planning Board shall receive expedited review. Under such expedited review, a decision shall be granted within 60 days unless the applicant requests an extension of time.
F.
Dimensional requirements. The Planning Board when reviewing a project may allow dimensional relief up to 25%, by special permit from the dimensional requirements set forth in § 435-27B, Table of Dimensional Regulations, of this chapter if the Planning Board determines that the particular location benefits and improves site development and/or configuration of the proposed project and its transition into the surrounding neighborhood. A special permit for such relief may only be granted if the Planning Board finds that such request is consistent with the public good and does not substantially derogate from the intent and purpose of this chapter or the intent of the Master Land Use Plan. However, this section does not authorize the Planning Board to grant a special permit for a variance or waiver in maximum height regulations.
G.
Procedure for waiver. All projects within the CMU District shall comply with § 435-15 of this chapter. The Planning Board may waive the requirements of § 435-15D of this chapter by a four-fifths vote where such waivers will allow for better design and/or improved protection of resources. Such waiver requests shall be taken up as first order of business during the opening public hearing.
H.
Variance. A variance authorizing a use or activity not otherwise permitted in the CMU District shall be prohibited within the respective CMU District.
§ 435-16 Nobscot Village District.
A.
Purpose and intent.
(1)
Framingham possesses a variety of small neighborhood communities that may be reestablished as village centers throughout the City. These neighborhood communities have served, or have the potential to serve, as key economic centers for a variety of businesses that can support each other, while creating space for entrepreneurs. The purpose of a village center is to provide a central area of commerce that will benefit the neighboring region by supporting local residents, visitors, and the community as a whole.
(2)
To establish Nobscot as a village center, the Nobscot Village (B-4) District has been developed as follows:
(a)
Provide a vibrant, walkable, mixed-use center that may include art and cultural galleries/studios, community space, educational/institutional space, amenity space, entertainment, office space, residential, retail, a mixture of business opportunities.
(b)
Encourage adaptive reuse of abandoned, vacant, or underutilized properties that will re-energize the neighborhood.
(c)
Inspire development and support a mixture of businesses and entrepreneurs though targeted workspaces, while allowing the surrounding community to take advantage of business opportunities, job creation, and economic resources.
(d)
Develop parcels at an appropriate density that supports the vision of a neighborhood village while encouraging ongoing investment and reinvestment in properties within the B-4 District.
(e)
Allow for a mixture of uses that can support one another while attracting visitors to utilize the amenities and services offered within the Village.
(f)
Advance an integrated neighborhood community that supports and encourages trails, public transportation, and bicycle-oriented modes of transportation for short trips and recreational opportunities.
(g)
Investigate and nurture educational and civic opportunities that can sustain viability within the community while growing its user base.
(h)
Preserve, enhance, and provide opportunities that repurpose historical structures and retain a piece of the neighborhood's history for future uses and events, while supporting opportunities for the structure to flourish and thrive as a new use.
B.
Nobscot Village design. To ensure projects within the B-4 District contribute to the neighborhood village design established for Nobscot, applicants shall be required to comply with Nobscot Village design requirements as set forth in § 435-16B and C of this chapter, in addition to the Nobscot Village design guidelines (NVDG) of Chapter 252, Planning Board Rules and Regulations (§ 525-26).
(1)
Nobscot Village design guidelines.
(a)
The NVDG are integral to the design of the B-4 District and shall be complied with as part of any site plan review and/or special permit approval for projects in Nobscot. The NVDG are located in Chapter 525, Planning Board Rules and Regulations (§ 525-26), entitled "Nobscot Village design guidelines."
(c)
Projects that do not comply with the standards of the NVDG shall not be considered for approval by the Planning Board or other reviewing authority.
(2)
General B-4 design standard requirements.
(a)
Site: plazas and open space. Vision: Projects within the B-4 District are envisioned to provide opportunity for community engagement and establishment of place. Applicants shall develop a project to create a place of interest for visitors to the site and those that pass by the site. Projects shall focus more on place making rather than off-street parking. Villages tend to have open space and park-like presences incorporated into the development, which is intended for the B-4 District. To incorporate this vision into a B-4 design, the applicant shall comply with § 435-16B(2)(a)[1] to [5], below.
[Amended 4-30-2024 by Ord. No. 2024-025-001]
[1]
Projects shall incorporate plazas, pocket parks, public art, courtyards, and/or terraces to enhance connectivity and increase the landscaped amenity areas.
[2]
Plazas, pocket parks, and/or courtyards should be used to expand the pedestrian sidewalk in strategic locations to accommodate community gathering opportunities.
[3]
Internal sidewalks must be at least five feet wide and provide access to each building entry, open space, and off-street parking area. Sidewalks along main roadways must be a minimum of 10 feet wide. The minimum sidewalk width must be maintained in areas where other activities are present.
[4]
The use of public art and murals is strongly encouraged within landscaped areas or on structures. Such public art or murals shall not be considered signage so as long as company's name and/or corporate logo is not incorporated into the design.
[5]
Outdoor dining areas are strongly encouraged for all projects. Such areas shall be designed to allow proper flow and circulation for all pedestrians.
(b)
Site: landscape and materials. Vision: Projects within the B-4 shall incorporate landscaping and pedestrianways throughout. The applicant shall focus on designing the project to focus on increasing green area and pedestrian circulation to encourage people to park once and become a pedestrian to do business in the B-4 District. To incorporate this vision into a B-4 design, the applicant shall comply with § 435-16B(2)(b)[1] to [5], below.
[1]
Street trees shall be installed along the entire property frontage and shall be spaced approximately 20 feet to 30 feet apart.
[2]
Paved areas shall include granite curbs and sidewalks constructed with brick or paver accents, especially in areas of high pedestrian activity.
[3]
Projects shall be designed to create a landscape amenity area that enhances the pedestrian environment, establishes open space and park areas, and improves the streetscape while relocating off-street parking to the side and/or rear of the site. The landscape amenity area shall be designed with a minimum width of 20 feet between the edge of the public right-of-way and the structure, along the entire property frontage with the exceptions of access driveways and sidewalk curb cuts. Such area shall incorporate street trees, outdoor seating, public art, patios and terraces (patios and terraces shall not comprise more than 50% of the area), in addition to other similar improvements for the purpose of creating usable open space.
[4]
Sidewalks and meandering pathways are strongly encouraged to be incorporated into the landscape amenity area.
(c)
Site: furnishings and lighting. Vision: Projects in the B-4 District are encouraged to utilize lighting, furniture, and decorative accessories to establish a sense of place. Such amenities can be utilized to create interest, while providing a sense of safety for visitors. To incorporate this vision into a B-4 design, the applicant shall comply with § 435-16B(2)(c)[1] to [4], below.
[1]
Furniture, lighting, and related decorative accessories shall be unique to the respective B-4 District and its particular public streetscape. Such furniture, lighting, and other decorative accessories planned within projects shall be consistent throughout the development site.
[3]
The use of illuminated bollards and ground lighting shall be incorporated into all B-4 District projects.
[4]
Chain-link fencing is prohibited for use within the B-4 District.
(d)
Site: service areas and utilities. Vision: Projects in the B-4 District require the use of service areas and utilities; however, such features should not be located within general view or degrade the site design. Such features should be located so as not to be seen and not to take away the experience of the project. To incorporate this vision into a B-4 design, the applicant shall comply with § 435-16B(2)(d)[1] to [3], below.
[1]
Service bays and loading areas, dumpsters, and like equipment shall be located on the side or rear of a building and shall not be visible from roadways, abutting residential property, or open space areas. Such features shall be screened from the public view by using architectural forms, fencing, and/or landscaping materials. Dumpsters shall include a latching door lock system, which shall be closed and locked when not in use.
[2]
All utilities are required to be placed underground to minimize the visual impact on the district and prevent damage to utility lines. Where transformers, switch boxes, and other utility cabinets are required, the applicant shall locate these and other such mechanical components away from the front of the building. Exposed utility transformers, switch boxes and cabinets shall be protected and screened by the installation of bollards, fencing, and landscaping features.
[3]
Rooftop equipment shall be adequately screened so as not to be visible from the ground or adjacent buildings.
(e)
Buildings: massing and character. Vision: Projects in the B-4 District are intended to establish a neighborhood village center, one that allows for commercial development, while supporting an area designed at a pedestrian scale. Structures are expected to be designed to promote character of the area while being constructed to the scale of a village neighborhood and not an urban downtown scale. Height and density of projects shall be of great interest and under thorough review to ensure projects are designed appropriately. To incorporate this vision into a B-4 design, the applicant shall comply with § 435-16B(2)(e)[1] to [7], below.
[1]
The massing of buildings shall be designed to correspond to a pedestrian scale and to ensure that the building's design promotes walkability.
[2]
New and/or redeveloped buildings shall be designed to blend and create a balance and proper transition area between the proposed project and existing development within the B-4 District.
[3]
Structures shall be designed to use multiple, harmonious exterior materials and color palettes that promote creativity and individuality while allowing the building to blend into the B-4 District.
[4]
The height and number of floors for projects within the B-4 District should be limited to three floors and 40 feet. Relief to increase the number of floors and/or the height is strongly discouraged in the B-4 District. Except as allowed in Subsection H(3) below, such dimensional criteria shall not be waived by the Planning Board.
[5]
Structures shall be designed to define a clear base, middle, and top of a structure that allows for visual interest in a traditional approach.
[6]
Structures shall be designed to reduce massing and to promote a pedestrian scale at the streetscape. Such features may include porches, awnings, balconies, decks, and/or covered entries, in addition to breaking up facades with distinct rooflines, varying heights, and variation in materials and color.
[7]
All windows on the side facing residential structures and/or open space parcels shall be tinted to prevent light spillage or glare during the evening hours.
C.
Multimodal circulation, parking, transportation.
(1)
Off-street parking. Vision: Projects within the B-4 District are intended to provide adequate off-street parking for a use, while not dominating the site. To incorporate this vision into a B-4 design, the applicant shall comply with § 435-16C(1)(a) to (h), below.
(b)
Off-street parking standards as required pursuant to § 435-24A(1) of this chapter shall mean maximum rather than minimum requirements. A special permit shall not be required when providing fewer parking spaces than the number prescribed in § 435-24A(1) of this chapter but rather a special permit shall be required if the number of off-street parking spaces exceeds the required number of off-street parking spaces. The applicant shall conduct and submit to the Planning Board a parking utilization study prior to filing an application to validate the number of provided off-street parking spaces.
(c)
Mixed-use projects with a residential component shall be required to provide a minimum of 1.75 off-street parking spaces per residential unit.
(d)
Projects planned for the B-4 District are strongly encouraged to provide adequate off-street parking to meet the needs of the project but also to preserve land for pedestrian and open space uses where possible.
(e)
Sites shall be designed to encourage pedestrian circulation through continuous connections between sidewalks, off-street parking areas, structures, and open spaces.
(f)
Below-grade parking is preferred and strongly encouraged. When such off-street parking options are not viable, a developer shall place off-street parking to the side and/or rear of a structure.
(g)
Land banking off-street parking for future use is strongly encouraged where possible.
(h)
Projects shall reserve a minimum of two off-street parking spaces near the main entrance of all structures during designated hours for food trucks, community-supported agriculture (CSA) pickup, pop-up parks, events, and/or fifteen-minute temporary parking.
(2)
Curb cuts and access drives. Vision: Projects within the B-4 District are intended to be designed to promote connectivity and flow between parcels of land. Developers are encouraged to work collaboratively together to reduce the number of curb cuts, which will result in optimum flow of traffic on-site and within the B-4 District. To incorporate this vision into a B-4 design, the applicant shall comply with § 435-16C(2)(a) to (c), below.
(a)
The reduction and/or consolidation of curb cuts and the use of access driveways and alleyways with abutting properties is encouraged to the maximum extent possible and shall be permitted by right within a B-4 District.
(b)
Curb cuts and access drives shall be designed in accordance with municipal standards and shall be reviewed and approved by the Department of Public Works (DPW), the Fire Department, and the Police Department to ensure adequate circulation.
(c)
The Planning Board may permit a drive aisle to be located between the public right-of-way and the structure for the purpose of accessible off-street parking and temporary dropoff parking if it finds that the overall facade design, site plan, and operational characteristics of the facility will be improved by such aisle location. Such drive aisle shall not be constructed to encroach upon the landscape amenity area {§ 435-16B(2)(b)[3] of this chapter}.
(3)
Transportation impacts. Vision: Projects within the B-4 District are intended to mitigate post-construction and long-term (five years to 10 years) impacts, in addition to promoting alternative modes of transportation to decrease vehicular traffic. To incorporate this vision into a B-4 design, the applicant shall comply with § 435-16C(3)(a), below.
(a)
Development within the B-4 District shall be designed to prevent and/or mitigate any adverse impacts on the level of service (LOS) created by a project. Impacts to the transportation system within the B-4 District that degrade the LOS shall be mitigated as follows:
[1]
Project impact transportation improvements. The applicant shall, as determined by the Planning Board, either conduct the necessary traffic improvements or provide a monetary contribution to the City up to 1.5% of the total construction value of the project (less the cost of land and construction labor cost).
[a]
Such monetary contributions shall be deposited into the Transportation Improvement Fund for the sole purpose of funding transportation improvements as determined by the Planning Board, in collaboration with the Department of Public Works, the peer review consultants, the applicant's traffic engineer, and/or any other recommendations contained within relevant City studies for the B-4 Zoning District.
[b]
Said funds shall be used for improvements within a one-mile radius of the B-4 District boundaries.
[c]
Unused funds shall be deposited into the Long Term Transportation Improvement Fund, as outlined in § 435-16C(3)(a)[2] herein, and earmarked to be exclusively utilized for the B-4 Zoning District.
[2]
Long-term transportation improvements. All projects within the B-4 District shall provide a cash payment equivalent to 1% of the total project cost (less the cost of the land or construction labor costs) for the purpose of long-range transportation implementation and maintenance. Such monetary contributions shall be deposited into the Long Term Transportation Improvement Fund for the sole purpose of funding long-range transportation projects, maintenance, and necessary transportation improvements within one mile of the B-4 Zoning District boundaries, as determined by the Planning Board, the Department of Public Works, the peer review consultants, the applicant's traffic engineer, and/or any other recommendations contained within relevant City studies.
(4)
Pedestrian and alternative transportation.
(a)
Pedestrian circulation is required to provide continuous connections between public sidewalks, off-street parking areas, building entries, and open spaces.
(b)
Pedestrian and bicycle connections should connect to local recreation assets wherever feasible.
(c)
Vehicular, pedestrian, and bicycle access should connect to adjacent properties.
(5)
Complete streets and streetscape improvements.
(a)
Projects within a B-4 District shall incorporate complete streets infrastructure in accordance with the Framingham Complete Streets Policy, as amended.
(b)
Development within a B-4 District shall provide accessibility to users of all ages, abilities, and modes of transportation. Connections to trails and open space are strongly encouraged for all projects, where possible.
(c)
Installation and/or the replacement of sidewalks along a project's property frontage shall be borne by the applicant and is required as part of a project.
(d)
The applicant shall install bicycle racks in accordance with § 435-24G of this chapter. Furthermore, the installation of bicycle lockers, indoor bicycle parking, and other amenities to support bicycling is required to be incorporated into each project, when possible.
(e)
Streetscape and trail improvements. All projects within the B-4 District shall provide a monetary contribution of 0.5% of the total project cost (not including the cost of the land or construction labor costs) for the purpose of streetscape and/or trail improvements that connect the B-4 Zoning District with other communities or areas in Framingham.
[1]
Such funds shall be utilized for street trees, street furniture, utilities, and associated improvements within the public right-of-way at the determination of the Planning Board. The Planning Board may also determine that such funds may be utilized for open space improvements of trails and sidewalks within the B-4 District or within one mile of the boundaries of the B-4 District to promote nonvehicular transportation options within the B-4 District or connecting to other villages and neighborhoods.
[2]
Funds shall be utilized by the Open Space and Recreation Working Group Coordinator, or designee, the Department of Parks and Recreation, and/or the Department of Public Works, and require prior approval of the Planning Board for use.
D.
Solar and alternative energy.
(1)
The use of rooftop gardens, green roofs, solar carports, rooftop solar, etc., shall be incorporated into all projects within the B-4 District, to the maximum extent feasible.
(2)
Projects should strive to incorporate alternative-energy and energy-efficient features, technologies and solar infrastructure within the design and construction of all new and redeveloped buildings within a B-4 District.
(3)
Where feasible, electronic vehicle charging stations may be incorporated into a project. Signage associated with electronic vehicle charging stations shall be reviewed by the Planning Board.
E.
Mixed-use within a village district.
(1)
The layout of a respective B-4 District shall be designed with intersecting ways of a roadway containing the densest development within the B-4 District while providing transition so that density tapers down from the intersection before reaching the perimeter of the B-4 Zoning District.
(a)
Structures within 300 feet from the public right-of-way of an intersection of two or more roads shall be required to have the entire first floor of a structure within such distance comprised of only nonresidential uses.[1]
(b)
Structures more than 300 feet from the public right-of-way of an intersection of two or more roads shall be required to have only the portion of the first floor of a structure that faces a public way be solely comprised of nonresidential uses.[2]
[2]
The term "nonresidential" shall not mean accessory to residential use, such as leasing office, fitness center for residents only, resident community space, etc.
(c)
Mixed-use projects containing an interior courtyard that is only accessible from the interior of a structure that offers only resident amenities may be designed with the first floor facing the courtyard for residential uses.
(2)
When there is more than one structure on a lot, at a minimum, such structures shall be spaced in accordance with the State Building Code for fire separation compliance.
(3)
Mixed-use projects are encouraged to include the following elements: public spaces, community space, artist gallery space for artist live/work spaces, cultural space, small business and entrepreneurial space, anchor tenants, medical uses, and/or institutional or educational space, workforce housing.
(4)
Townhouse and/or row housing along property boundaries that abut a residential zoning district shall be designed to create a transition between the nonresidential uses within the B-4 Zoning District and the abutting residential neighborhoods. Townhouses shall include below-structure parking and may be located within 20 feet of the rear and/or side landscape buffer.
F.
Mixture of residential.
(1)
A mixture of affordable housing options shall be required for all residential projects within the B-4 District to aid in providing access to all those who choose to make Framingham their home. Developers are required to comply with § 435-35 of this chapter.
(2)
Residential uses that exceed 50 units shall require 5% of the units designated as workforce housing units. The number of units designated as workforce housing units shall be included in the total number of units after deduction of the required number of affordable housing units (AHU). Such workforce housing units shall not increase the affordable housing unit (AHU) requirements pursuant to § 435-35 of this chapter.
(3)
The provision of more than 5% workforce housing units may provide the basis for the Planning Board to grant waiver requests (§ 435-16K of this chapter) and dimensional relief (§ 435-16H of this chapter), but shall not be considered for requests of constructing structures over three stories and/or above 40 feet in height.
(4)
Projects within the B-4 District shall provide a mixture of housing options, which may include workforce housing, artist live/work housing, over-55 housing, over-62 housing, townhouses, etc., to promote an integrated and diverse community.
G.
Reuse of historic structures. To promote the reuse of historic structures within Framingham, the Planning Board shall provide additional review provisions solely for those structures that have been deemed historically significant by either the Historical Commission or Historic District Commission. Such projects may be exempt from the floor area ratio (FAR), lot coverage, and/or setback requirements when a historic structure is incorporated into a project within a B-4 District.
H.
Dimensional requirements.
(1)
In order to provide efficient and consistent review for projects within a B-4 District, the Planning Board may allow by special permit dimensional relief, up to 25%, from the dimensional requirements set forth in § 435-27B, Table of Dimensional Regulations, of this chapter, except for relief from an increase in height and/or number of floors, which shall require approval from the Zoning Board of Appeals.
(2)
A special permit for dimensional relief as specified in Subsection H(1) herein may only be granted if the Planning Board finds that such request is consistent with the public good, does not propose structures greater than three stories or 40 feet in height, except as allowed in Subsection H(3) below, and does not substantially derogate from the intent and purpose of this chapter or the intent of the Master Land Use Plan. Such particular dimensional relief must benefit and improve the project and/or configuration of the proposed project, while providing an improved transition area between the project and the surrounding neighborhood.
(3)
The Planning Board may allow by special permit structures with pitched roofs to exceed the permitted building height in order to accommodate better design of a project. Such increase shall not exceed an additional 10 feet, thereby establishing a maximum built height not to exceed 50 feet. Furthermore, such additional height associated with the pitched roof shall not be utilized for habitation.
(4)
Any dimensional relief requested by the applicant pursuant to § 435-16H of this chapter shall be subject to the following requirements of the Planning Board: The applicant shall fund a peer review consultant to ensure that the design is consistent with the intent of the B-4 District for the requested relief.
I.
Application review.
(1)
The Planning Board shall be the special permit granting authority (SPGA) for projects within a B-4 District, unless otherwise denoted in § 435-7, Table of Uses, of this chapter.
(3)
A Pre-Technical Review Team meeting is strongly encouraged for all development and/or redevelopment projects within a B-4 District. Such review ensures that projects comply with municipal requirements prior to the submittal of an application. Applicants choosing to meet with the Pre-Technical Review Team prior to finalizing and submitting plans to the Planning Board shall be granted a decision by the Planning Board within 60 days unless the applicant requests an extension of time.
(4)
Prior to the submittal of an application located within the B-4 District, the Planning Board shall require the applicant to host two community outreach meetings. One of the meetings shall be held within the B-4 District. The second meeting shall be held during an open meeting with the Planning Board. Notification shall be sent to property owners within 300 feet of the project property boundaries at the applicant's expense (such list of property owners shall be prepared by the Framingham Assessors' Office as a certified abutters list), the City Council, the Planning Board office, and the Mayor's office, in addition to the neighborhood association, where applicable.
(5)
Peer review consultant.
(b)
The Planning Board shall require projects with residential components to fund a peer review study to determine the impacts of the project on municipal infrastructure, schools, landscape design, architectural design, and transportation systems. The intent of the peer review is to ensure the project does not degrade present services, is in keeping with the provisions of § 435-6B(4) and ensures that the project mitigates its impacts to Framingham as a whole.
(6)
Projects that do not trigger review by the Planning Board shall be required to submit a statement and plans to the Technical Review Team (TRT) as to how the project complies with the neighborhood's respective design guidelines, pursuant to § 435-16B to D of this chapter. The TRT shall meet to provide feedback and request modifications to the proposed plans to ensure compliance with the vision and intent of the B-4 District.
(7)
Furthermore, the TRT shall be the reviewing and approval authority for the following types of projects:
(a)
Any redevelopment that does not require permits from the Planning Board but proposes modification to the exterior of the structure;
(b)
Any expansion of existing nonresidential or multifamily structures which results in a total floor area between 500 gross square feet and 2,999 gross square feet; or
(c)
Any modification to a site plan previously approved by the Planning Board, unless major or minor site plan review is required for such modification.
J.
Review of uses. In the event that an applicant proposes a use that is not defined in § 435-7 of this chapter and/or is a use that the Building Commissioner cannot determine as to what category such use fits under on the Table of Uses, then the following shall apply:
(1)
The applicant shall be responsible for providing educational and supporting documentation that supports such use;
(2)
Review and approval by the Planning Board and all other applicable municipal departments shall be required prior to the application of any new technology and/or method being used within Framingham;
(3)
The Planning Board at its discretion may engage peer review services of experts qualified in a respective discipline to provide additional review and education at the expense of the applicant; and
(4)
After such review, the Planning Board may approve such use by a four-fifths vote where such use is found to provide a better project, creation of jobs, and compatibility with surrounding uses.
K.
Procedure for waiver.
(1)
All projects within a B-4 District shall comply with § 435-16 of this chapter and § 525-26 of Chapter 525, Planning Board Rules and Regulations. The Planning Board may waive the requirements of § 435-16B and C of this chapter, and/or § 525-26 of Chapter 525, Planning Board Rules and Regulations, by a four-fifths vote where such waivers will allow for better design and/or improved protection of resources.
(2)
The Planning Board shall not grant waiver requests for structures that have received relief from the ZBA for additional floors or height.
(3)
The TRT shall make a written recommendation to the Planning Board for consideration of such requested relief.
L.
Compliance. Projects within a B-4 District shall comply with § 435-16 of this chapter. Wherever a conflict between two sections occurs, the respective § 435-16 of this chapter shall prevail.[3]
[3]
Editor's Note: Original Sec. II.K.13, Village Zoning Review, which immediately followed this subsection, was repealed 4-30-2024 by Ord. No. 2024-025-001.
M.
Variance. A variance authorizing a use or activity not otherwise permitted in a B-4 District shall be prohibited within the B-4 District.