Wakefield City Zoning Code
ARTICLE XX
MBTA Communities Overlay District MOD
§ 190-114 Establishment, applicability and purpose.
A.
Establishment. The MBTA Communities Overlay District (MOD) is a Zoning Overlay District as defined in the Zoning Bylaw that does not replace the underlying zoning district but is superimposed over them. The regulations for use, dimensions, and all other provisions of the Zoning Bylaw governing the underlying zoning district(s) shall remain in full force. The use of character areas allows for new infill projects to maintain consistency with the existing development in the area through height, setbacks, building, massing, etc. The MOD has been divided into four character areas as follows:
(1)
Industrial Lofts (MOD-IL). The MOD-IL character area facilitates the development of moderate to large scale apartment buildings of up to five stories, with a mixed-use option, interspersed with open space near mass transit.
(2)
North Ave Mixed Use (MOD-NMU). The MOD-NMU character area facilitates the development of a mixed-use corridor of moderate scale. This character area contributes both new housing and commercial space in an existing mixed-use corridor with access to mass transit. Buildings are typically set close to the sidewalk to create a defined streetwall that supports pedestrian activity and a sense of place. Ground story active commercial uses address the needs of residents and employees in the immediate neighborhood, the larger Wakefield community, and regional visitors. This area is compliant with the criteria listed in EOHLC's SECTION 3A/MBTA COMMUNITIES ZONING IMPLEMENTATION FACT SHEET: MANDATORY MIXED-USE DISTRICTS AND SECTION 3A, hereinafter Mandatory Mixed-Use Criteria (MMUC).
(3)
Neighborhood Commercial (MOD-NC). The MOD-NC character area facilitates infill of small to moderate scale (two- or three-story) buildings of either a mixed-use or exclusively residential purpose. This character area is comprised of traditional neighborhood commercial corridors that serve those who live and work in the area with buildings that are set close to the sidewalk, creating a defined streetwall that supports pedestrian activity and a sense of place.
(4)
High Rise Residential (MOD-HRR). The MOD-HRR character area facilitates the infill of large scale, high rise apartment buildings, providing a variety of housing opportunities while preserving the surrounding conservation land and wetlands.
B.
Applicability of MOD. The MOD includes all the lands designated on the map titled MBTA Communities Overlay District with the four character areas noted. The parcels within the MOD have a range of base zoning districts. The zoning rules applicable to the base zoning districts shall be in effect except where a property owner chooses to "opt-in" and utilize the provision of the MOD. The owner of one or more parcels within the MOD may use the base zoning provisions or the provisions of the MOD, but not both simultaneously.
(1)
Inclusion of partial lots. Any lot whose underlying zoning is split but is fully included in the MOD shall be permitted the uses listed by right as within the MOD without further rezoning.
§ 190-115 Definitions.
The following definitions apply to Article XX and do not have applicability to other sections of the Zoning Bylaw.
Means development that may proceed under the zoning in place at the time of application for a building permit without the need for a special permit, variance, zoning amendment, waiver, or other discretionary zoning approval.
Means the relationship between the mass of a building and its surroundings, including the width of street, open space, and mass of surrounding buildings.
Means a designated geographical portion of the MOD with distinct dimensional requirements and by-right allowable uses, informed by its neighborhood context and existing development pattern.
Means the three-dimensional bulk of a structure determined by the height, width, and depth.
Means a building designed, intended, or used as the home of three or more families, each in a separate dwelling unit, living independently of each other and who may have a common right in halls and stairways located in the MOD pursuant to Article XX. This definition is intended to include building types commonly known as "MOD apartments," "MOD high-rise apartment building," "MOD live/work units," and "MOD mixed-use buildings," which are defined below:
MOD APARTMENTSMeans a MOD multifamily dwelling containing not fewer than three dwelling units and up to 10 stories in height.
MOD MIXED-USEMeans a structure in which MOD multi-family dwellings are the principal use and a non-residential use is located on the ground floor, with the exception of an ADA accessible unit(s) on the first floor as outlined in the MOD Overlay.
MOD LIVE/WORK UNITMeans a self-contained MOD unit that includes a by right non-residential use. Live-work units shall be considered multiple-family units under this section. Live-work units are permitted to have a non-residential space for exclusive use of a tenant or an open coworking space shared among residents, provided the regulations of MMUC are met in MOD-NMU. The non-residential use shall be limited to a vocation, trade, small business, artist/craft studios, teaching of not more than one student simultaneously that meets the following criteria:
No non-resident shall be employed and required to come on site;
The use shall not require any exterior changes to the building, be contained within the building and shall not be rendered objectional or detrimental to the residential character of the neighborhood due to its exterior appearance or emission of odor, gas, smoke, dust, noise or disturbance or in any other way become objectional or detrimental to any residential use within the neighborhood;
The non-residential use shall be limited to 40% of the unit's gross floor area, not to exceed 700 square feet;
No visible signage, display of goods, storage of explosive/hazardous materials, or customers/clients/pupils coming to the residence on a regular basis unless a separate ground floor space is provided.
Means an owner-occupied, tenant-occupied, or non-owner occupied property, including, but not limited to, an apartment, house, cottage, condominium, room within a housing unit, or a furnished accommodation that is not a hotel, motel, lodging house, or bed and breakfast establishment, where: i) at least one room or unit is rented to an occupant or sub-occupant for a duration of less than 28 consecutive days; and ii) all accommodations are reserved in advance.
§ 190-116 Permitted uses.
A.
Uses. Notwithstanding anything to the contrary in the Zoning Bylaw, the following uses are permitted as of right in the MOD, subject to Site Plan Review. In the MOD, a MOD multi-family dwelling with at least of three dwelling units per lot is allowed as of right, subject to Site Plan Review, the MOD Table of Use of Regulations as shown below. The Zoning Board of Appeals shall be the site plan review authority.
Use | MOD-IL | MOD-HRR | MOD-NMU | MOD-NC |
|---|---|---|---|---|
MOD apartments | Y | Y | N | Y |
MOD live/work units | Y | Y | Y | Y |
MOD mixed-use | Y | N | Y | Y |
B.
Any MOD multi-family dwelling built within the MOD-NMU is required to be compliant with the use standards set forth in the MMUC.
C.
MOD mixed-use is permitted by right in MOD-IL, MOD-NMU, and MOD-NC, provided the commercial use meets the standards of the underlying zoning use restrictions.
D.
Short-term rentals shall be prohibited throughout the MOD.
§ 190-117 MOD dimensional standards.
A.
Site dimensional standards. Notwithstanding anything to the contrary in the Zoning Bylaw, the dimensional requirements applicable in the MOD shall be as set forth in the Table of Site Dimensional Regulations for the MOD as shown below:
Standard | MOD-IL | MOD-HRR | MOD-NMU | MOD-NC |
|---|---|---|---|---|
Lot area (minimum) | NA | NA | NA | NA |
Density (maximum units per acre) | 50 | 33 | 30 | 30 |
Open space land (minimum) | 20% | 20% | 20% | 20% |
Lot frontage (minimum) | 35' | 70' | 20' | 20' |
Front setback (minimum) | 10' or average of block | 20' | None | None |
Side setback (minimum)* | 10' | 30' | None | None |
Rear (minimum)* | 15' | 30' | 15' | 15' |
Lot coverage (maximum) | 60% | 30% | 50% | 50% |
* | Add 10' to listed side/rear setback if abutting a residential zoning district |
B.
Building dimensional standards. Notwithstanding anything to the contrary in the Zoning Bylaw, the dimensional requirements applicable in the MOD shall be as set forth in the Table of Building Dimensional Regulations for the MOD as shown below:
Standard | MOD-IL | MOD-HRR | MOD-NMU | MOD-NC |
|---|---|---|---|---|
Building footprint (maximum) | 15,000 sq ft | 20,000 sq ft | 10,000 sq ft | 10,000 sq ft |
Height (maximum) | 5 stories 57' | 10 stories 120' | 3 stories 40' | 2 stories/28' if R 3 stories/40' if MU |
Ground story height (minimum/maximum) | 12' min/20' max | 12' min/20' max | 13' min/15' max | 13' min/15' max |
Building separation for multiple buildings on lot (minimum) | 20' | 20' | 20' | 20' |
Ground floor residential | Permitted | Permitted | No | Up to 2 ADA units permitted |
Ground story fenestration (minimum), per street facing elevation | 20% | 20% | 70% | 70% |
Ground story active use (minimum) | NA | NA | 75% | 75% if MU, NA if residential only |
Length of continuous facade (maximum) | 60' | 40' | 40' | 40' |
C.
Ground story use. The intent of the MOD mixed-use is to ensure that the ground story non-residential use facilitates an active street level of the building with a transparent facade where those external to the building can see active uses on that floor, creating opportunities for interaction.
(1)
Active uses such as retail, restaurant, bar, specialty food service, place of amusement, personal service, gallery/arts studio, or live/work commercial space shall comprise 75% of the ground floor street frontage.
(2)
Semi-active uses shall be limited to 25% of the ground floor street frontage. Semi-active uses shall include lobbies and common areas associated with office, or residential uses and access to accessory parking, loading or service areas.
D.
Height. The limitation on the height of buildings shall not apply in the MOD to chimneys, ventilators, towers, elevator shafts, silos, spires, or similar features of buildings, which features are in no way used for living purposes and do not constitute more than 20% of the ground floor area of the building.
§ 190-118 Parking.
B.
Number of parking spaces.
(1)
Residential uses. In all character areas, the minimum number of off-street parking spaces shall be 1.5 spaces per dwelling unit, either in surface parking or within garages or other structures.
(2)
Mixed-use structures. In MOD-NMU and MOD-NC character areas, the commercial uses on the first floor shall have no parking requirements regardless of use.
C.
Parking materials. The parking surface shall be concrete, asphalt, bricks, or pavers, including pervious materials. Use of grass, uncontained soil, or the like shall be prohibited.
D.
Parking area. The parking area located within the lot must reasonably and safely accommodate the entering and exiting of dwelling unit vehicles.
E.
Parking area location. Parking areas shall be located to the rear or side of the principal building. Parking shall not be located between the building and any lot line adjacent to the public right-of-way. Driveways serving parking areas shall conform to § 190-37I.
F.
Buffers. The surfaced areas of off-street parking areas shall be set back a minimum of three feet from all buildings and side and rear property lines, except as may be approved by the Zoning Board of Appeals. Buffers between property lines and parking areas shall be landscaped. Buffers between the buildings (rear and side) and parking areas shall include landscaping or walkways.
§ 190-119 MOD development standards.
A.
Site design. Site plans for developments in the MOD shall include the following:
(1)
Connections. Sidewalks shall provide a direct connection among building entrances, the public sidewalk (if applicable), and vehicular and bicycle parking.
(2)
Vehicular access. Where feasible, curb cuts shall be minimized, and shared driveways encouraged.
(3)
Plantings. Planting is encouraged to include the use of native vegetation. Refer to the Town of Wakefield Conservation Commission Native Planting policy.
(4)
Outdoor lighting plan. Plans must show the location and type of outdoor lighting and lighting fixtures. All exterior lighting shall be designed and installed so as to be shielded or downcast, and to avoid light trespass onto adjacent properties and streets. Lighting fixtures shall be selected in accordance with dark sky compliance principles. Plans shall depict the light intensity (foot-candle) in an appropriate grid. All exterior lighting shall be limited to 15 feet in height and shall cast a maximum of eight foot-candles of light on the ground. Lighting shall also be directed so as not to blind vehicular or pedestrian traffic, shine into adjacent buildings or spill over to abutting properties.
(5)
Stormwater management. Refer to § 170, Storm Drain System; Stormwater Management, for Wakefield stormwater bylaw and associated requirements.
(6)
Offsite improvement plans. Plans shall depict full design, grading and layouts for any work required within the public way to support the project. This includes but is not limited to pedestrian, traffic and utility improvements.
B.
Buildings: general.
(1)
Position relative to the principal street. The primary building shall have its principal facade and entrance facing the principal street, except as set forth below with respect to corner lots.
(2)
Entries. Entries shall be clearly defined and linked to a paved pedestrian network that includes the public sidewalk or right of way.
C.
Buildings: shared outdoor space. All multi-family dwelling units shall have outdoor space that residents can access. Such space may be located in any combination of the ground floor, courtyard, rooftop, or terrace. Space shall either be shared among all residents or allocated on a unit by unit basis.
D.
Buildings: corner lots. A building on a corner lot shall have a primary entrance either along one of the street-facing facades and/or on the primary corner as an entrance serving both streets.
(1)
Such entries shall be connected by a paved surface to the public sidewalk or right of way.
(2)
All facades visible from a public right-of-way shall be treated with similar care and attention in terms of entries, fenestration, and materials.
(3)
Fire escapes serving more than one story shall not be located on either of the street-facing facades.
E.
Buildings: principal facade and garages. Parking garages shall be subordinate in design and location to the principal building facade. The principal pedestrian entry into the building shall be more prominent in design and placement than the vehicular entry into the garage.
F.
Affordability. All developments in the MOD district that have eight or more units shall include at least 10% of the dwelling units (and no fewer than one) available as affordable units limited to 80% Area Median Income (AMI) and eligible for listing in the Town's Subsidized Housing Inventory (SHI). For purposes of calculating the number of affordable units required, the unit requirement shall round up to a whole unit for any fraction of 0.5 or above.
§ 190-120 Site plan review.
A.
Applicability. Site plan review is required for any building within the MOD. An application for site plan review shall be reviewed by the Zoning Board of Appeals for consistency with the purpose and intent of § 190-119, MOD Development Standards.
B.
Submission requirements. As part of any application for site plan review for a project within the MOD, the applicant must submit the following documents:
(1)
Application for site plan review.
(2)
Site plans that show the position of the building on the site, points of vehicular access to and from the site and vehicular circulation on the site, stormwater management, utilities, and landscape treatments, including any screening of adjacent properties, and other information commonly required by the Zoning Board of Appeals for site plan review.
(3)
Elevations of the building(s) showing the architectural design of the building.
(4)
Stormwater report consistent with the requirements of § 170, Storm Drain System; Stormwater Management, demonstrating no increase in stormwater rate or volume to adjacent properties or the public/private way.
(5)
Site plans and stormwater report shall be prepared and stamped by civil engineers, land surveyors, architects, and/or landscape architects, registered in the Commonwealth of Massachusetts per their area of expertise as required by law.
(6)
The plan shall be submitted digitally to the Zoning Board of Appeals and on D-size sheets (24 inches by 36 inches). All plans shall be signed and stamped, and drawings should be prepared at a scale of suitable size.
(7)
Narrative of compliance with the applicable MOD development standards.
C.
Timeline. Site plan review should be commenced no later than 30 days following the submission of a complete application and should be completed expeditiously. The Zoning Board of Appeals may, when appropriate, seek the input of other municipal boards or officials. The Zoning Board of Appeals shall make a final decision regarding a site plan within 90 days after the date of its public hearing. The required time limits for public hearing and Zoning Board of Appeals action may be extended by written agreement between the applicant and the Zoning Board of Appeals. Failure of the Zoning Board of Appeals to act within said 90 days or extended time, if applicable, shall be deemed an approval of the site plan.
D.
Site plan approval. Site plan approval for uses listed in § 190-116, Permitted uses, shall be granted upon determination by the Zoning Board of Appeals that the following conditions have been satisfied. The Zoning Board of Appeals may impose reasonable conditions, at the expense of the applicant, to ensure that these conditions have been satisfied:
§ 190-121 Severability.
If any provision of this Article XX is found to be invalid by a court of competent jurisdiction, the remainder of this article shall not be affected but shall remain in full force and effect. The invalidity of any provision of this Article XX shall not affect the validity of the remainder of the Zoning Bylaw.