The table below identifies uses in the Mixed Use Districts that are allowed (Y), allowed only with special permit (SP) or special permit with site plan review (SP/SR) or not allowed (N). As set forth in note 2 to this table, a project that is Y with 4,000 s.f. of site area or a building gross floor area of 4,000 s.f., whether for a new construction or change to a new use category, triggers site plan under Article IX.

Use Description: The following provides a list of specific uses and descriptions to supplement Article II definitions and/or state defined uses. In instances where a use or category of uses is not sufficiently defined or described in this chapter, then common definitions may be considered in determining the use category of a proposed use, if any. Where no use or category of use can be made, then the use is considered to not be allowed. The Zoning Enforcement Officer may determine the category for a proposed use, however, a formal request for a determination by the Zoning Enforcement Officer may be submitted to the Planning Board, to determine a use and its category or determine that a use is not similar and is therefore not allowed. The "active use" description identifies those uses in the table that are required in Active Street Frontages as set forth in § 5.08.

No merchandise or services prohibited as obscene and indecent not encompassed by the definition adult stores and theaters shall be disseminated or available therein.

The permitted uses specifically exclude disseminating or offering to disseminate adult matter to minors, and suffering minors to view the displays or linger in the store shall be deemed evidence of violation of this section.

No adult store or theater shall be located within the same block or 500 feet of a residential zone, dwelling house, school, place of worship, church, park, playground, youth center or of another adult store.

Parking requirements for adult stores and theaters shall comply with Article VI of said Zoning Ordinance.

Ensure public safety through reducing threats to life and personal injury;

Minimize new hazards and obstacles to emergency response officials;

Reduce the impacts of flooding on water quality, contamination, and pollution;

Avoid impacts and disruptions to utility services susceptible to flooding;

Minimize economic impacts associated with flood response and cleanup; and

Reduce public and private property damage resulting from flooding.

All developments in the district, including structural and non-structural activities, whether permitted by right with administrative review, by permit, or by special permit, must comply with M.G.L.c.131, § 40 and with the following:

All development in the district must submit an initial development activity summary checklist with necessary plans and work description. The submittal will be reviewed by the City, and the following must be included for review and approval, as necessary:

Uses allowed within the Floodplain District with administrative review:

Floodplain Special Permits.

Restriction and Limitations.

Lot Area Allowance. The portion of any lot within the area delineated in section (d) may be used to meet the area and yard requirements for the district or districts in which the remainder of the lot is situated, provided that the portion does not exceed 25% of the minimum lot area.

Any land division proposals and development proposals in the floodplain district shall be reviewed by the City to ensure that:

Good and sufficient cause and exceptional non-financial hardship exists;

The variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

The variance is the minimum action necessary to afford relief.

Watercourse Alterations or Relocations. In a riverine situation, the Floodplain Administrator shall notify the following of any alteration or relocation of a watercourse; Adjacent Communities, NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, NFIP Program Specialist, FEMA, Region I.

Technical Data. If the City acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the City will, within 6 months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.). Notification shall be submitted to: NFIP State Coordinator, Massachusetts Department of Conservation and Recreation, and NFIP Program Specialist, FEMA, Region I.

Variances from State Building Code. The City will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance, and will maintain this record in the community's files.

In the event any regulations of this Floodplain District are in conflict with the regulations of any other districts, the more restrictive regulation shall govern.

Disclaimer of liability. The degree of flood protection required by this section is considered reasonable but does not imply total flood protection. Property owners constructing structures and improvements in a Floodplain District do so at their own risk. Natural changes can occur over time which may affect the flood elevations.

Severability. If any section, provision or portion of these regulations (Sec. 5.06 of the Zoning Ordinance) are deemed to be unconstitutional or invalid by a court, the remainder of the ordinance shall remain in effect.

AFFORDABLE HOUSING PROGRAM — Collectively, § 5.07 and other provisions of the Watertown Zoning Ordinance that pertain to the development and preservation of affordable housing in the City of Watertown.

AFFORDABLE HOUSING RESTRICTION — A deed restriction, contract, mortgage agreement, or other legal instrument, acceptable in form and substance to the City of Watertown, that effectively restricts occupancy of an affordable housing unit to qualified purchaser or qualified renter, and which provides for administration, monitoring and enforcement of the restriction during the term of affordability. An affordable housing restriction shall run with the land in perpetuity or for the maximum period of time allowed by law, and be enforceable under the provisions of Chapter 184, Sections 26 or 31-32 of the General Laws.

AFFORDABLE HOUSING FUND — A fund account established by the City for the purpose of creating or preserving affordable housing in the City of Watertown.

AFFORDABLE HOUSING UNIT — A dwelling unit that is affordable to and occupied by a low- or moderate-income household and meets the requirements of the Massachusetts Department of Housing and Community Development, Local Initiative Program, for inclusion on the Chapter 40B Subsidized Housing Inventory.

AREA MEDIAN INCOME — The median family income for the metropolitan area that includes the City of Watertown, as defined in the annual schedule of low- and moderate-income limits published by the U.S. Department of Housing and Urban Development, adjusted for household size.

COVERED DEVELOPMENT — Any development required to provide affordable housing in accordance with § 5.07.

ELIGIBLE HOUSEHOLD — A low- or moderate-income household that purchases or rents an affordable housing unit and occupies it as their domicile and principal residence.

INCLUSION UNIT — An affordable housing unit built on the same site as the market-rate units in a covered development under § 5.07.

LOCAL INITIATIVE PROGRAM — A program administered by the Massachusetts Department of Housing and Community Development (DHCD) pursuant to 760 CMR 56.00 to develop and implement local housing initiatives that produce low- and moderate-income housing, with or without a comprehensive permit as defined in Chapter 40B, Section 20 through Section 23 of the General Laws.

LOW- OR MODERATE-INCOME HOUSEHOLD — A household with income at or below 80% of area median income, adjusted for household size, for the metropolitan area that includes the City of Watertown, as determined annually by the United States Department of Housing and Urban Development (HUD).

MARKET-RATE DWELLING UNIT — All dwelling units in a development subject to this § 5.07 that are not affordable housing units as defined herein.

MAXIMUM AFFORDABLE PURCHASE PRICE OR RENT — A purchase price or monthly rent that complies with the requirements and Table shown in § 5.07(d)(4) and that complies with the regulations and guidelines of the DHCD Local Initiative Program and the Watertown Planning Board, except that developments subject to § 5.07(j)(3) shall comply with the maximum purchase price or rent requirements of that section. For homeownership units, the maximum affordable purchase price shall account for the monthly cost of a mortgage payment, property taxes, insurance, and condominium fees where applicable. For rental units, the maximum affordable rent shall account for the monthly cost of rent and utilities. The household income used to compute the maximum affordable purchase price or rent shall be adjusted for household size, considering the household size for which a proposed affordable unit would be suitable under guidelines of the Local Initiative Program or any successor affordable housing program established by the state.

NEW DEVELOPMENT — For purposes of § 5.07(c), "new development" shall mean any of the following that results in 30,000 square feet or more of gross floor area:

NON-RESIDENTIAL USES — For purposes of § 5.07(c), the following uses listed in the Table of Uses (§ 5.01) are non-residential uses: hotel and motel use; institutional, transportation, utility and agricultural uses (except for nursing home, rest home, convalescent home or assisted living); business, office and consumer service uses; open-air drive-in retail and service; light industry, wholesale, laboratory; heavy industry; and in § 5.02, the following accessory uses are non-residential uses: q (scientific research, development and production) and r (games of chance). Any non-residential portion of a mixed-use development shall be considered a non-residential use.

SMALL-SCALE INCLUSION DEVELOPMENT — A covered development that provides 6 or more up to 10 dwelling units.

SUBSIDIZED HOUSING INVENTORY — The Department of Housing and Community Development Chapter 40B Subsidized Housing Inventory as provided in 760 CMR 31.04.

Section 5.07(c) applies to any new development that consists of 30,000 square feet or more of gross floor area devoted to non-residential uses. The following are exempt: real property owned by the City of Watertown, and religious and educational uses protected by M.G.L. c. 40A, § 3.

Any new development subject to § 5.07(c) must pay an affordable housing linkage fee of $11.12 per square foot of gross floor area devoted to non-residential uses plus the inflation adjustment applicable when the fee is paid. The inflation adjustment shall be made annually in January, based on the Consumer Price Index for all Urban Consumers, CPI-U, compiled by the U.S. Bureau of Labor Statistics. The Department of Community Development and Planning shall publish and annually update the adjusted affordable housing linkage fee on the City's website. The payment shall be made to the Watertown Affordable Housing Trust.

The affordable housing linkage fee shall be paid in two installments, with the first payment made before any non-residential use that is part of the new development receives an occupancy permit that would allow it to be occupied by workers. The second payment shall be made on or before the one-year anniversary date of the first payment. In the case of a multi-building new development, the timing of the first payment shall be based on the building that is being occupied. No certificate of occupancy or additional building permits shall be issued until the first payment has been made.

The City Manager, in consultation with the Watertown Affordable Housing Trust, may accept the following to satisfy all or part of the affordable housing linkage fee: a) inclusion of affordable housing units in excess of the number required by § 5.07; and/ or b) real property.

The permit-granting authority for a new development shall require as a condition of any approval for zoning relief (including site plan review) that applicants pay the full affordable housing linkage fee and that the first payment be made prior to issuance of an occupancy permit.

Where a new development consists of multiple buildings/phases, the 30,000 square feet threshold is based on the overall development proposed. Applicants may not use segmentation or surrogate or subsidiary entities to avoid compliance with § 5.07(c).

The Department of Community Development and Planning shall request a nexus study every five years from the effective date of this subsection to assess the linkage between new development devoted to non-residential uses and demand for affordable housing and to assess any other factor relevant to the linkage fee and the rate charged. Based upon the nexus study, the fee may be reset as required based on recommendation of the City Manager and approval of the City Council.

§ 5.07 applies to any development, whether new construction, conversion, adaptive reuse or expansion of an existing structure, involving the creation of more than five dwelling units, or more than five Independent or Assisted Living Units, or more than five lots for residential use, Independent Living and Assisted living, outside of the Assisted Living Overlay Zone, § 5.11. Dementia Care or Skilled Nursing shall be exempt from § 5.07.

Developments may not be segmented to avoid compliance with this Section. "Segmentation" shall mean any development, whether new construction, adaptive reuse or redevelopment, or any division of land that would cumulatively result in an increase by five or more residential lots or dwelling units above the number existing on a parcel of land or contiguous parcels in common ownership twenty- four months prior to the application. Where such segmentation occurs, it shall be subject to this Section as a covered development. A subdivision or division of land shall mean any subdivision as defined in the Subdivision Control Law, M.G.L. c. 41, §§ 81K-81GG, or any division of land under M.G.L. c. 41, § 81P, into lots for residential use.

This Section does not apply to the rehabilitation of any building or structure, all of or substantially all of which is destroyed or damaged by fire or other casualty or a natural disaster; provided, however, no rehabilitation nor repair shall increase the density, bulk or size of any such building or structure which previously existed prior to the damage or destruction thereof except in conformance with this Section.

Projects having more than five units: No Special Permit for a development requiring a Special Permit and no Building Permit for a use permitted as of right, shall be issued for a development subject to this section unless the Petitioner provides the percentage of the total dwelling units in the development as affordable housing as described herein, within § 5.07(d)(4) and otherwise consistent with this Section.

Nothing in this Section shall preclude a developer from providing additional affordable units, or greater affordability, or both, than the minimum requirements. In no instance shall any permit or Special Permit approval create less than one affordable housing unit, and for purposes of this Section, any calculation of required affordable housing units that results in the fractional or decimal equivalent of one-half or above shall be increased to the next highest whole number.

Affordable units shall be made available to eligible low- or moderate-income households at purchase prices or rents that comply with the Massachusetts Department of Housing and Community Development (DHCD) Local Initiative Program regulations, 760 CMR 56.00, or any successor program as may be determined by the Special Permit Granting Authority (SPGA) upon recommendation of the Watertown Housing Partnership (WHP) and as indicated in § 5.07(d)(4).[1]

The Rent and Ownership Affordability Requirements are as follows:

For Projects with Assisted and Independent Living Units Requirements are as follows:

A covered development with more than five and up to 10 units, shall have the option of providing an affordable unit on site or making a cash payment in lieu of units on site. A Covered Development with more than 10 units shall provide the affordable units on site. However, approval for cash payment in lieu of on-site affordable units may be granted by the SPGA in certain extraordinary circumstances. The SPGA must find that the developer has clearly demonstrated that providing such unit(s) on-site would create significant hardship and that a cash payment in lieu of on- site unit(s) is in the best interest of the City's affordable housing needs.

Any request for alternative means of compliance shall be reviewed by the WHP, which shall then make its recommendation to the SPGA.

The SPGA may authorize that an alternative method of compliance be used, in accordance with the following:

Cash Payment: The SPGA may grant a Special Permit to provide affordable housing through a cash payment to the Watertown Affordable Housing Fund, in lieu of providing one or more of the affordable units required under this Section.

The cash payment for housing units, including Independent Living Units, shall be equal to the most current Total Development Cost as articulated in the MA Department of Housing & Community Development's Qualified Allocation Plan for Low Income Housing Tax Credit, for the areas described as Within Metro Boston/Suburban Area, as adjusted for the type of project and number of units. The cash payments shall also be in accordance with a schedule of affordable housing payments as outlined in § 5.07(h)(6) and guidelines adopted and amended from time to time by the SPGA, following a public hearing, in consultation with the WHP and the Watertown Department of Community Development and Planning (DCDP). The cash payment for Assisted Living Units shall be not less than $200,000 per unit.

Affordable units shall be proportionately distributed throughout the building(s) in a Covered Development.

Affordable units shall be indistinguishable from market-rate units in exterior building materials and finishes; overall construction quality; and energy efficiency, including mechanical equipment and plumbing, insulation, windows, and heating and cooling systems, as determined by the Building Inspector

Affordable units may differ from market-rate units in type of appliances, finishes; however, the affordable units shall be comparable to the base market-rate units in such instances.

Affordable units shall have the same floor area as the median market-rate units of the same number of bedrooms within a margin of 20%; provided that units are not less than the minimum square foot required by DHCD. This criterion shall not apply to Assisted Living Units.

The bedroom mix in the affordable units shall be proportionate to the market-rate units, unless the SPGA authorizes a different mix by special permit upon the recommendation of the WHP.

The SPGA may adopt regulations or guidelines to further define comparability of the foregoing requirements.

The WHP shall provide the Petitioner and SPGA as provided in § 5.07(i) with its recommendations with reference to the Petitioner's proposal in meeting the requirements for affordable housing.

Affordable units provided under this Section shall be subject to an Affordable Housing Restriction that contains limitations on use, occupancy, resale and rents, and provides for periodic monitoring to verify compliance with and enforce said restriction. Affordability restrictions shall be contained in applicable affordable housing restrictions, regulatory agreements, deed covenants, contractual agreements, land trust arrangements and/or other mechanisms to ensure compliance with the affordability requirements of this § 5.07 (collectively, "Affordable Housing Restriction").

The Affordable Housing Restriction shall run with the land and be in force in perpetuity or for the maximum period allowed by law, and be enforceable under the provisions of Chapter 184, Section 26 or Sections 31-32 of the General Laws.

The Affordable Housing Restriction shall provide that initial sales and rental of affordable housing units and their subsequent re-sales and re-rentals shall comply with federal, state and local fair housing laws, regulations and policies.

The Affordable Housing Restriction shall provide that in the event that any affordable rental unit is converted to a condominium unit, the condominium unit shall be restricted in perpetuity in the manner provided for by § 5.07(h)(1) above to ensure that it remains affordable to households in the same income range as prior to the condominium conversion.

For a Covered Development that provides Inclusion Units:

For a Covered Development that provides affordable housing through a cash payment in lieu of affordable units:

All legal documentation in connection with the affordable housing units shall be in the standard form provided by the City of Watertown, as approved by legal counsel to the City. If the Petitioner proposes to use documentation other than that provided by the City, any and all costs associated with review by legal counsel to the City shall be paid by the Petitioner.

Use Regulations: Developments with Inclusion Units shall comply with § 5.01, Table of Use Regulations; provided, however, that a Covered Development with not more than 10 multi-family units shall be a permitted use when at least 12.5% of the units are Inclusion Units as defined hereunder, in which case the development shall qualify for review as a Small-Scale Inclusion Development.

Small-Scale Inclusion Development Submission Requirements and Procedures: No Building Permit for a Small-Scale Inclusion Development shall be issued until the SPGA has approved a site plan in accordance with § 9.03 and the provisions of this Section. The SPGA may adopt regulations for submission requirements and procedures not inconsistent with this Section, following a public hearing.

Cost Offsets and Affordability Requirements: Inclusion Units provided in excess of what is required in § 5.07(d)(4) shall be exempt from the minimum lot area per dwelling unit and/or maximum floor area ratio, as set forth in § 5.04, provided that the Inclusion Units comply with the following affordability requirements:

Rental Units: For the affordable units, the maximum affordable rent shall be affordable to a household with income at or below 65% area median income (AMI), adjusted for household size.

Create lively public spaces.

Incorporate Universal Design principles to create street design that promotes safe walking, biking, and access to transit.

Ensure that small businesses can thrive.

Promote shared public-private open spaces that are activated and expanded, with more access to the Charles River.

Create expanded housing options.

Explore more opportunities for public art.

Reuse, enhance, or preserve the most significant historic structures.

Make the Square a destination for residents and visitors alike, with attractions for community members to visit and spend time.

Watertown Square 1 (WSQ1).

Watertown Square 2 (WSQ2).

Watertown Square 3 (WSQ3).

Neighborhood Mixed Use (NMU).

Affordable housing development: A development in which fifty (50) percent or more of its units qualify as an "Affordable Housing Unit" with an "Affordable Housing Restriction" as these terms are defined in § 5.07. Developments may not be segmented to qualify for an affordable development height bonus and/or reduced parking minimum.

Furnishing zone: The portions of the sidewalk not dedicated to travel and access. These areas are located along the street edge and may be adjacent to buildings and can be used for trees, street furniture, and amenities for active streets including outdoor dining.

Active street frontage: A portion of a street that requires ground story active uses along the street frontages delineated on the zoning map.

Plus (+) story: The uppermost occupiable story. The plus (+) story can be shaped as a pitched roof or a flat roof with step-backs (see § 5.08(e)5b)(iv)).

Applicability: All new construction, or change from one zoning use category to another category as specified in Article V, of 4,000 square feet of gross floor area or more, requires development review before the Planning Board and/or Zoning Board of Appeals before filing for a building permit. Further, this section applies to a project with any new use identified in Article V, or a change to a site that requires relief from other Articles, including, but not limited to, Articles IV, VI, VII, VIII, as applicable.

Approval processes:

Site dimensional standards.

Building dimensional standards.

Site design standards.

Building design standards:

Affordable housing bonus.

Active street frontage requirements: Any lot required to provide active street frontage must include ground story active use for the entire width of the front elevation of the building along the primary front lot line.

Facade articulation: Buildings will be required to have vertical demise lines or recesses/offsets to ensure larger buildings are visually and/or physically broken up into more than one distinct discreet facade with the use of architectural details and features, including varying roof/cornice lines, fenestration, and changes in materials. For areas that only use demise lines, the design and material details must ensure that the building facades are distinct but architecturally cohesive with an outcome of a vertical appearance of more than one building per demise line. Physical recesses or offsets in a building, as an alternative to the use of a demise line, provides opportunities for additional articulation of a facade with an inset or recessed section of a building where the facade recedes into the lot for a specified distance.

Parking design standards: Vehicle parking, bicycle parking, loading, services, and site lighting requirements shall be consistent with Article VII and must consider the following:

To respond to the local and regional need for multi-family housing by facilitating development of such housing;

To provide new multi-family housing near public transit, in walkable areas, and near important amenities such as retail, personal service, office, and civic uses;

To further the City's climate and sustainability goals by encouraging denser development in areas near transit and in walkable areas; and

To encourage residential uses to provide a customer base for local businesses.

The provisions of this section supersede the permitting requirements of the underlying zones for multi-family developments when the project meets all requirements of the Overlay District. A development can opt to comply with the existing underlying zoning or the zoning requirements for the applicable Overlay District.

If a proposed development is located on a lot or lots that is within both the Overlay District and a base zoning district outside the Overlay District, the overlay only applies to that portion of the lot within the overlay, unless greater than 50% of the lot is within the overlay, as determined by the Zoning Enforcement Officer.

The parcels within the TODO are not within the Floodplain District as delineated in § 5.06(b). If changes in the special flood hazard maps bring one or more of the TODO parcels within the Floodplain District, the City shall notify the Massachusetts Executive Office of Housing and Livable Communities (EOHLC) of the resulting change in the TODO's unit capacity.

Multi-family Development (exclusively residential) and Multi-family Units in a Mixed-Use Development are By Right Development, subject to Site Plan Review as set forth in § 9.03 of this chapter.

Development under this section may be mixed-use throughout the Overlay District and shall be mixed-use (multi-family housing with required active street frontage) on those parcels so designated.

Where Mixed-Use Development consists of allowed non-residential uses on the ground floor and Multi-family on upper stories, the ground floor uses are also By Right and only subject to Site Plan Review as set forth in § 9.03 of this chapter if there is 4,000 sf of either new construction or change of use category.

The Dimensional Requirements that are applicable in the underlying zoning districts are applicable in the Overlay Districts except to the extent they are specifically modified by this section.

Except as provided in subparagraph (2) below, § 5.07 (Affordable housing) shall apply to any development under this Overlay District. The height and reduced parking bonuses in § 5.08 shall apply to any Affordable Development as defined in that section.

Transitional requirement: If the EOHLC does not allow using the requirements of § 5.07 for housing built under this Overlay District, then affordability requirements are those allowed in the EOHLC Compliance Guidelines for Chapter 40A, Section 3A until such time that local requirements are approved.

To permit the expeditious and efficient redevelopment of the AMTL property which will enhance the community's quality of life and economic well-being;

To provide for compatibility of land uses within the AMTL property and with respect to abutting properties;

To promote the preservation of the historic resources and character of the property, including the rehabilitation of existing structures to the maximum extent practicable;

To allow for a density which is appropriate for economic revitalization while not burdening the surrounding neighborhoods;

To allow for greater flexibility and discretion in planning and design by the City of Watertown, in accordance with the "Arsenal on the Charles Signage Guidelines", prepared by Sasaki Associates, Inc., dated September 2000, as may be amended; and

To facilitate the expansion of retail, restaurant, cultural, and other community amenity uses of the redeveloped AMTL property to better serve AODD occupants, the nearby neighborhoods, and other visitors.

Commercial:

Bank

Business Offices

Restaurant, with or without liquor

Health & Fitness Club

Medical and Dental Offices

Retail and Consumer Services provided that the total gross floor area used for such uses (including accessory Retail and Consumer Services serving AODD occupants) shall not exceed 10% of the total gross floor area within the AODD.

Industrial:

Research and Development

Light Manufacturing

Assembly

Institutional, Community, Cultural:

Museum

Library

Theater

Day Care

Aquarium

Maximum Building Footprint: For any contributing historic structure, the exterior footprint shall not be expanded beyond the existing area as of the date of this Ordinance (June 8, 2015).

For any new construction, the Planning Board shall determine maximum allowable floor area based upon criteria determined by on-site and off-site constraints such as parking, traffic, open space, circulation, and the provisions of the Historic Preservation Memorandum of Agreement, as amended (MOA).

Maximum Height: No AMTL structure to be rehabilitated or renovated shall be raised in height, except for accessory equipment. In all instances, roof accessory equipment shall have inconsequential or minimal visual and auditory impact on the surrounding neighborhood.

For any new construction, no structure shall exceed the following:

West of School Street - Five feet in elevation above the nearest adjacent existing building within the AODD as of June 2015. The top facade facing Arsenal Street shall not be higher in elevation than the top of the northwest corner of Building 311, with the portions of the building taller than the northwest corner of Building 311 being set back a minimum of 10 additional feet from the new building's front facade facing Arsenal Street.

East of School Street - Two stories, not to exceed 24 feet in elevation, above the plane created by the roofs of the adjacent existing building within the AODD, as of June 2015, excluding the existing parking garage.

Necessary features that promote sustainable practices may extend up to 15 feet above the roofs of buildings in excess of the height limits noted above provided the portions exceeding the height limits are not used for parking or other permitted uses in this Section.

The heights of all new structures shall be consistent with the provisions of the MOA.

Building Coverage: Any new structures shall not result in a total building coverage of more than 50%, excluding parking areas and garages when added to the total square feet of all buildings on the site.

Setbacks: For any new structures, the following lot line setbacks shall apply, except as specified below*:

* For the North Beacon Street frontage west of Charles River Road, no new construction may extend closer to the street nor higher in elevation than the line established by a 45 degree plane beginning at the northerly side line of North Beacon Street and extending northward into the AODD. In no circumstances shall the setback be less than 25 feet (see ** below) nor the height greater than allowed by § 5.12(e)(2). East of Charles River Road, no building shall be permitted within 50 feet of North Beacon Street.

** By AODD Campus Special Permit with Conceptual Site Plan Review, the Front Setback may be reduced along Arsenal Street to the front setback of Building 311 to maintain consistent building lines, provided that any new construction less than 25 feet from Arsenal Street authorized by such a special permit must include first floor commercial, community, or cultural uses along at least 80% of the Arsenal Street facade.

*** Any new construction south or west of Building 39 must be screened by a 25 foot wide buffer along North Beacon Street, landscaped with shrubs and trees, which area may also include a pedestrian/bicycle path(s), an informational kiosk(s), scattered seating, and similar amenities.

Minimum Lot Size: 10,000 square feet.

Minimum Open Space: 15% of the lot.

Application: An applicant proposing to construct one or more new buildings (which may include structured parking and may include alterations to one or more existing buildings) may seek approval of the overall project through an AODD Campus Special Permit, for which the Planning Board will be the Special Permit Granting Authority. An application for AODD Campus Special Permit shall include, at a minimum, for each proposed new building, structural alteration of an existing building, or principal use outside of a building:

Prior to a public hearing, the applicant shall hold a minimum of two informal meetings with abutting residents and neighborhood groups to review the Campus Plan materials.

Review of Application: The Planning Board shall hold a public hearing in accordance with procedures outlined in § 9.04. The Planning Board shall not approve an AODD Campus Special Permit unless it finds that the four conditions for special permit approval set forth in § 9.05(b) of this Zoning Ordinance have been met. The applicant's submission of and the review of the conceptual site plan component of an AODD Campus Special Permit shall follow the procedures set forth in § 9.03. The Planning Board shall not approve such a conceptual site plan unless it finds that the applicant has satisfactorily addressed, at a conceptual level, the 10 criteria listed in § 9.03 (c).

Parking Reduction: In granting an AODD Campus Special Permit, the Planning Board may reduce the number of required accessory parking spaces, as provided for in subsection (f)(2) above. In addition, the Planning Board may allow the applicant to temporarily further reduce the amount of accessory parking provided with the AODD during a phase(s) of an approved campus-wide project if existing parking spaces will be eliminated during a phase of implementation, to be replaced in that or a later phase of implementation, for example if a structured parking facility is to be built on the location of an existing surface parking lot. In determining whether to grant such a temporary further reduction of the amount of accessory parking, the Planning Board shall take into consideration the factors set forth in subsection (f)(2) above and the applicant's proposals, if any, to provide substitute off-site parking or other interim measures to reduce the demand for parking within the AODD.

Final Site Plan Review: Prior to the issuance of a Building Permit for any building approved under an AODD Campus Special Permit, the applicant shall obtain Site Plan Review of the final design details of the proposed building and any related landscaping or other improvements following the procedures set forth in § 9.03 of this Zoning Ordinance.

Amendments to Conceptual Site Plan: Changes to an approved AODD Campus Special Permit conceptual site plan that are minor, as determined by the Planning Board, may be approved as part of the final Site Plan Review for the associated building(s). Changes that the Planning Board determines are major shall require an amendment to the AODD Campus Special Permit, following the procedures set forth in § 9.05 of this Zoning Ordinance. In determining whether changes are major or minor, the Planning Board shall treat as minor any changes that do not alter by more than 10% a building's footprint, height, floor area ratio, or setbacks, provided that the resulting building still complies with applicable dimensional requirements, changes to building materials, architectural elements, and landscaping elements that are consistent with the approved AODD Campus Special Permit and conceptual site plan, rearrangement of the proposed principal and accessory uses, and changes to the alignment of internal streets or pedestrian corridors, and shall treat as major any changes that increase a building's footprint, height, or floor area ratio by more than 25%, that eliminate a proposed internal street or pedestrian corridor, or that eliminate or add a principal use occupying more than 25% of the proposed gross floor area.

Exercise of AODD Campus Special Permit: Substantial use of a AODD Campus Special Permit will be deemed to have occurred for purposes of § 9.13 of the Zoning Ordinance and § 9 of the Massachusetts Zoning Act, M.G.L. c. 40A, if, within one year from the date of the filing of the Planning Board's AODD Campus Special Permit decision with the City Clerk, construction of an approved building or commencement of an approved principal use outside of a building has begun.

Be located within these zones (WSQ, NMU, LB, I-1, I-2, I-3, and CR). Wireless telecommunications facilities shall not be located within the NB (Neighborhood Business) zone.

Not be located on a structure containing any residences, not within 50 feet of a residential zone or any structure containing a residential use.

In the case of an antenna mounted on a building or structure, not extend more than 15 feet above the height of such structure or building.

In the case of a tower, not exceed the height allowed in the zoning district.

Be fully concealed or camouflaged, i.e. disguised, shielded, hidden, or made to appear as an architectural component of an existing or proposed structure.

Any use permitted in the R.75, R1.2 and NB districts.

Educational or licensed day care use defined by M.G.L. c. 40A, § 3, business offices;

Any use permitted by right or special permit in any of the underlying zones.

The project shall promote the orderly redevelopment of specific religious and/or school building and their associated tracts of land area regardless of the various underlying zoning districts;

The project shall provide for greater flexibility in planning and design;

To project shall provide opportunity for residential and mixed use - limited business developments that will allow for more efficient and sensitive use of land;

The project shall be compatible between adjoining areas and the proposed development site; and

The project shall allow for redevelopment of existing church and school structures within the community consistent with adopted land use plans and policies;

To the maximum extent possible, the project shall preserve significant and desirable architectural and/or historical buildings and their architectural and/or historical features, and shall incorporate appropriate architectural and/or historical features into any renovations of or additions to those buildings and features;

Any public property in the OSC district sold to a private owner or owners shall be deemed to be in the CR District in accordance with § 5.03 (3), Zoning Ordinance.

For baseline criteria, refer to § 5.04 Table of Dimensional Requirements.

Adjustments to baseline dimensional criteria may be granted for certain development incentive credits as noted in § 5.16(h). The maximum allowable adjustments are outlined herein.

Alterations, additions, and extensions to nonconforming structures shall be subject to § 4.06. Existing buildings are eligible to receive development incentive credits when creating modifications to the Floor Area Ratio(FAR), maximum building coverage, height, and parking requirements as outlined in § 5.16(h).

Maximum Floor Area Ratio:

Minimum Lot Area per Dwelling Unit: 1000 square feet per dwelling unit.

Heights:

Building Coverage:

Maximum Impervious Surface: 80%.

Minimum Open Space: All new development shall have at least 20% of the total site area devoted to Open Space and 25% of the required open space must be publicly accessible; required setbacks shall be considered as part of the total area for Open Space. The required Open Space shall not be used for parking, loading, or roadway purposes and shall be open and unobstructed to the sky; items such as benches, walkways, planters, landscaping, swimming pools, kiosks, gazebos, and similar structures shall not be considered as obstructions. Opportunities should be sought that bring together the open space requirements of adjoining properties in order to foster a more coherent and continuous landscape network.

Setbacks:

Minimum Lot Area:

Minimum Frontage:

The provision of off-street parking shall comply with the requirements of Article VI.