This Zoning Ordinance shall be enforced by the Zoning Enforcement Officer. Whenever the provisions of this Zoning Ordinance are not clear, the Zoning Enforcement Officer or the Inspector of Buildings is authorized and directed to submit the matter to the Planning Board for the expression of its opinion. A decision shall not be made by the Inspector of Buildings or Zoning Enforcement Officer until the Planning Board has allowed 30 days to elapse without rendering an opinion or has rendered the requested opinion, whichever is earlier.

If the Zoning Enforcement Officer shall be informed, or have reason to believe, that any provision of this Zoning Ordinance has been, is being, or may be violated, he or is agent shall investigate the facts and inspect the property in question. If he or she shall find such violation he or she shall give notice thereof in writing to the owner or to his duly authorized agent and to the occupant of the premises, and order that any use of any building or premises contrary to the provision of this Zoning Ordinance shall immediately cease.

If the Zoning Enforcement Officer is requested in writing to enforce any provision of the Zoning Ordinance against any person allegedly in violation of the same and the Zoning Enforcement Officer declines to act, he or she shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefore, within 14 days of receipt of such request.

Penalty for non-compliance with any lawful order of the Zoning Enforcement Officer pertaining to the Zoning Ordinance shall be punished by a fine, to be determined by the Zoning Enforcement Officer, of not less than $100 nor more than $300 per violation; provided that nothing herein shall be construed to prohibit a determination by the Zoning Enforcement Officer that each day such violation continues shall constitute a separate offense.

The Inspector of Buildings shall not issue a building permit for the erection or alteration of any building or part thereof unless the plans, specifications and intended uses of such building, lot and open spaces on the lot are in all respects in conformity with this Zoning Ordinance and have been approved by the Zoning Enforcement Officer. Where special permits or variances are required under this Zoning Ordinance, the Inspector of Buildings shall not issue a building permit until so directed in writing by the Board of Appeals.

Applications for building permits shall be accompanied by a plan of the lot in duplicate, and certified by a registered land surveyor showing the actual dimensions of the lot and the exact location and size of the buildings already upon the lot, of any structures within eight feet of the line on the adjoining lot, and of the building or structure to be erected, altered or moved, together with the streets, and alleys and easements on and adjacent to the lot and such other information as the location and dimensions of required parking as may be required for the enforcement of this Zoning Ordinance. The lot corners and bounds shall be indicated by such stakes and bounds as shall be required by the Inspector of Buildings.

No premises, building or structure, altered or in any way changed as to construction, use, or number of dwelling units under a building permit or otherwise, shall be occupied or used without an occupancy permit signed by the Inspector of Buildings, which permit shall not be issued until the buildings, structure, or premises and its uses comply in all respects with this Zoning Ordinance and have been approved by the Zoning Enforcement Officer.

A temporary occupancy permit may be issued in appropriate cases.

Community Meeting(s). For projects with four or greater residential units, or for non-residential projects with 10,000 square feet of new development or greater, the Petitioner will conduct a Developer's Community Meeting no less than 10 days prior to submission for Planning Board or Zoning Board of Appeals approval. The meeting will provide an opportunity for the public to understand and comment on the specifics of the project, the details of such project shall be made available to the public, through submission to DCDP, no less than 14 days prior to the meeting. The Petitioner shall coordinate planning this meeting with DCDP and the City Councilor who represents the district where the project would be built. The meeting shall be announced by the Petitioner no less than two weeks prior to the meeting. The required advertising by the Petitioner shall include a notice distributed to abutters and abutters to abutters pursuant to DCDP's Enhanced Noticing Requirements. Upon confirmation of the meeting time and place with DCDP, said Department will also announce the meeting by posting an announcement on the City website, with the City Council and using the City web-based notification system. Within one week of the meeting, the Petitioner shall submit a summary of what was discussed at the meeting to DCDP. At the discretion of DCDP, a second meeting may be required in instances of large projects with a community impact, or a project with circumstances that would necessitate a second meeting.

Design Standards and Guidelines. The following requirements must be satisfied for design review as indicated, for any development with four or more multi-family residential units and/or 4,000 square feet and more of non-residential development that requires Site Plan Review and/or Special Permit under this ordinance:

A Petitioner using the Site Plan Review checklist available in the Department of Community Development & Planning (DCDP), shall complete packets, to be included as part of the preliminary and formal application, which include all necessary plans and a statement responding to the Site Plan Review criteria set forth in subsection (c) below. Complete packets for the preliminary meeting must be submitted prior to the submission deadline, with all copies of the preliminary site plan packet for the proposed development submitted to DCDP or distributed as determined by DCDP to a list of designated representatives of city departments and committees.

Unless waived by DCDP because of development scale, said site plan shall be at a scale of 1"=10' or 1"=20'. Vertical scale shall be at 1/8"=1' or 1/4"=1'. Said site plan shall show, among other things, all existing and proposed building structures, existing and proposed grades, automobile and bicycle parking spaces, driveway openings, service areas, open space and other uses, site engineering and all facilities for water, drainage, sewage, refuse, and landscape features (such as fences, walls, planting areas, type, size and location of planting materials, methods to be employed for screening, and walks), fire suppression and access detail, initial transportation assessment including traffic counts and assessment, schematic elevations at the above scales, the location of any wetlands within 150 feet, and all other information as required in § 9.01(b) or as determined by DCDP.

The Planning Board shall hold a hearing on the proposal to apply the criteria set forth in subsection (c) below as part of the formal application process. Prior to said hearing, a Preliminary Developer's Conference shall be held with representatives of the developer and City Departments and Committees relevant to the application to determine and discuss questions, impacts, potential problems, etc., with said site plan, and to provide guidance to the developers in completing the formal application and site plan submission. Participating city representatives may provide verbal and/or written comments on the application and site plan to DCDP within 15 days.

No application shall be complete, shall be accepted by DCDP, nor be submitted to the Planning Board for consideration unless and until all information specified in § 9.03(a) is submitted in a form deemed to be sufficient and complete by t DCDP, and until comments on the application are received from all relevant City Departments and Committees; provided, however, that if a department fails to provide such analysis within said 15 day period, the DCDP's review shall proceed without the comments of such department, and DCDP may determine such application to be complete. Said comments shall be incorporated into the submission to the Planning Board.

The Planning Board shall review the formal application and site plan and then prepare a written report on the proposal considering, among other things, the criteria listed below. When a proposal requires a Variance or Special Permit with Site Plan Review and the Board of Appeals is the PGA, this report of the Planning Board shall be submitted to the Board of Appeals in accordance with the provisions set forth below. The Board of Appeals shall not grant the Special Permit or Variance until this report has been submitted. When a proposal requires a Special Permit with Site Plan Review and the Planning Board is the PGA or when a proposal only requires Site Plan Review to obtain a Site Plan Review Permit, the Planning Board shall make a final determination as to whether that proposal meets the criteria listed below, or can be met through reasonable conditions imposed by the Board. Revisions to any site plan must be approved in the same manner as the original plan.

Each application for a special permit, site plan review permit, or variance shall be on forms supplied by the City for transmittal to the Zoning Enforcement Officer, the Planning Board, and the Board of Appeals respectively within three days of receipt of them (Saturdays, Sundays and legal holidays excluded). Each application for a variance shall also include the written statement required by § 9.14(b) demonstrating that the conditions of a grant of a variance under Chapter 40A, Section 10 of the General Laws of Massachusetts are met. Where any application for a special permit or variance requires site plan review under § 9.03, the restrictions on filing and hearing provided in subsection (b) below shall govern the time when the application may be accepted for filing by the City Clerk or scheduled for public hearing by the Board of Appeals.

Where an application for a special permit or variance requires site plan review under § 9.03, the application may be filed any time after a complete set of site plan materials under § 9.03(a) has been submitted to the Planning Board.

Prior to the public hearing of the ZPGA as provided in § 9.04(d), the Planning Board, unless it is the PGA, shall hold a public hearing and transmit to the Board of Appeals a report based, among other things, on the conditions set forth in § 9.05 in the case of an application for a special permit, or in § 9.14(b) in the case of an application for a variance, and, in the case of an application requiring site plan review, based also on the conditions set forth in § 9.03(c), accompanied by such materials, maps or plans as will aid the Board of Appeals in judging the application and in determining special conditions and safeguards. The Board of Appeals shall not render any decision on an application for a special permit or variance before one of the following has taken place:

The PGA shall, at the expense of the applicant, give public notice of the application in the manner provided in Chapter 40A, Section 9 and Section 11 of the General Laws, which requires, among other things, publication of a notice of a hearing not less than 14 days prior to the date of the hearing in a newspaper of general circulation in Watertown, and by posting such notices in a conspicuous place in the City for a period of not less than fourteen days before the day of such hearing, and by mail to all interested parties, according to Chapter 40A, Section 9.

Public hearings shall be held within 65 days after the filing of an application.

In the case of an application for a special permit or site plan review permit, the decision of the PGA must be made within the deadline described in § 9.05(c). In the case of an application for a variance, the PGA decision must be made within the deadline described in § 9.15(e). Failure to take final action within the appropriate time limit shall be deemed to be a grant of the application. The PGA shall cause to be made a detailed record of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth clearly the reason or reasons for its decisions, and of its other official actions, copies of all which shall be filed within 14 days in the office of the City Clerk and in the office of the Planning Board and shall be mailed forthwith to parties of interest, as designated in Section 11 of Chapter 40A, and to each person present at the hearing who requests that notice be sent to him and states the address to which notice is to be sent.

The period within which final action shall be taken may be extended in writing for a definite period by mutual consent of the PGA and the applicant, provided that such written agreement is recorded with the City Clerk. In the event the PGA determines that the evidence presented to it at the public hearing is inadequate to permit the Board to make a necessary finding or determination, or to permit the Planning Board the proper amount of time to conduct site plan review or file its report, instead of denying the application the Board may, in its discretion, adjourn the hearing to a later date to permit the applicant to submit additional evidence or the Planning Board additional time to file its report, provided however, that such adjournment shall not extend the applicable deadlines for final action by the Board unless the deadline is extended to a day certain by mutual consent of the Board and the applicant.

A special permit shall be required for all uses and for all exceptions to dimensional regulations which are designated in this Zoning Ordinance as requiring a special permit before the Inspector of Buildings may issue a building permit or occupancy permit.

The PGA shall not approve any such application unless it finds that in its judgment all of the following conditions are met:

The decision of the PGA must be made within 90 days following the public hearing. Failure to take final action within said 90 days shall be deemed to be a grant of the special permit unless the deadline is extended in accordance with § 9.04(f).

Applicability: In addition to the conditions described in § 9.03, 9.04 and 9.05 special permits for increased intensity of use above an FAR of 1.0 in the I-1 and I-2 districts shall also be subject to the conditions set forth in this section as applicable.

Open Space Requirements: Applicants in the I-1 and I-2 Districts shall show that designs have been prepared indicating that a percentage of the total site area has been set aside for open space. The method of calculating the required open space shall be as follows: The minimum open space requirement shall be between 20% and 40% of the total site area, depending on the FAR of the project; the minimum open space requirements shall increase on a directly proportional basis from FAR of 1.0 to FAR of 2.0. For example, a proposed project with an FAR of 1.5 shall be required to have 30% of the total site area as open space. For the purposes of this special permit no more than 50% of the wetlands located on the site can be calculated as part of the required open space. However, projects with a total lot area of 10,000 square feet or less shall be exempted from the open space requirements of this § 9.06(b).

Traffic Safety and Infrastructure Maintenance Fund: Applicants for a special permit for increase intensity of use in the I-1 and I-2 districts shall be required to make a payment into the Traffic Safety and Infrastructure Maintenance Fund if the Planning Board determines that the boundaries of the proposed project are within a half mile radius of an intersection in Watertown with a preexisting level of service (LOS) of D or lower that accommodates at least 300 vehicles during either the A.M. or P.M. peak hour. For the purposes of this section, LOS shall be defined by the National Transportation Research Board, Highway Capacity Manual (current and future applicable additions); The LOS shall be measured at the 50th highest design hour (DHVSO) at relevant intersections.

If a finding is made by the Planning Board that the proposed project is within a half mile radius of an intersection with an LOS of D or below and consistent with the other criteria cited above, the Planning Board may grant a special permit for increased intensity of use and shall require the applicant to make a payment into the Traffic Safety and Infrastructure Maintenance Fund. Said payment shall be required only for that portion of the project that exceeds the FAR of 1.0.

The rate of contribution shall be $5 per square foot of applicable gross floor area. Funds contributed by an applicant for a special permit shall be spent on City services related to the proposed development and/or in the immediate geographical area which is most directly impacted by the proposed project, said services shall include, but shall not be limited to, land takings for public right of way improvements; road widenings; reconfiguration of intersections, access lanes, traffic islands; and similar improvements.

Payments into the Fund shall be made in accordance with a schedule approved by the Planning Board: The amount of the initial payment shall be determined by the Planning Board at the time of the granting of the Special Permit, but shall not exceed one-third of the total payment. At the time of the granting of the special permit the applicant shall provide an irrevocable letter of credit for the balance. If the applicant fails to make any scheduled payments, the Planning Board may draw upon the Letter of Credit. The entire amount shall be paid prior to the issuance of the permanent occupancy permit. If the permanent occupancy permit is never issued, all amounts, together with any accrued interest thereon, shall be returned to the applicant. The applicant may, at any time, make a lump sum payment of the entire required payment. All payments made into the Fund shall be expended within a 10 year period and in accordance with the criteria established in this subsection. Funds unexpended after 10 years shall be returned to the applicant or assignees with all accrued interest.

Residential Use and Hotel Use. In the I-2 zone applicants for a special permit for an increased intensity of use shall be permitted to include residential uses on floors above the ground floor if said residential use has separate and distinct points of access from all other uses and that said residential use does not comprise more than 25% of the gross floor area of the building, excluding all space below grade.

Commercial Uses: Applicants for a special permit for mixed-use development in the I-3 district shall be permitted to use up to 20% of the total gross floor area for general retail or service purposes, provided, however, that no rive-in facility of any kind is permitted. The commercial space shall be limited to the first floor but may be located in one or more buildings located on the Lot.

General: In addition to the conditions described in § 9.03, 9.04 and 9.05, special permits for residential use in the Industrial 3 District shall be subject to the requirements set forth in subsections (b) through (d) below.

Open Space Requirements: For special permit projects on lots less than 20,000 square feet, the open space requirements of the R.75 district shall apply; for projects between 20,000 and 80,000 square feet, the requirements of the R1.2 district shall apply and for projects over 80,000 square feet, the requirements of the R1.2 district shall also apply, subject to the provisions of § 5.05(h). Also, for purposes of this special permit, no more than 50% of the wetlands located on the site may be calculated as part of the required open space.

Density Requirements: Parcels less than 20,000 square feet may have a maximum FAR of 0.75; parcels between 20,000 and 80,000 square feet may have a maximum FAR of 1.2; and parcels over 80,000 square feet may have a maximum FAR of 2.0.

Minimum Setbacks: For special permit projects on lots less than 20,000 square feet, the setback requirements of the R.75 district shall apply; for lots between 20,000 and 80,000 square feet the setbacks of the R1.2 district shall apply; for lots over 80,000 square feet the setbacks of the I-1 district shall apply, except that the front yard setback shall not be less than 10 feet or more than 40 feet and that only drop off, delivery, handicapped or emergency service parking spaces may be provided in the front of the building. Further, the first 10 feet of the required setback from the public right of way into the lot shall be landscaped with plant materials.

Mixed use Development: For developments containing commercial uses open to the public and in accordance with § 9.07(a) the minimum setbacks shall be consistent with the setbacks required in the I-1 District, except that the front yard setback shall not be less than 10 feet as set forth in § 5.04(s).

A Mixed Use development project that has received a Special Permit pursuant to § 5.01(1)(k)(2) may be constructed in accordance with the dimensions, or variations there from, allowed by § 5.05(f) without obtaining a separate Special Permit under § 5.05(f).

Requirement of street, side or rear yards greater than the minimum required by this Zoning Ordinance.

Requirement of screening of parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting or other devices as specified by the Board of Appeals;

Modification of the exterior features or appearances of the structure;

Limitation of size, number of occupants, method or time of operation, or extent of facilities;

Regulation of number, design and location of access drives or other traffic features;

Requirement of off-street parking or other special features beyond the minimum required by this Zoning Ordinance or other applicable Ordinances.

The Board of Appeals may authorize issuance of permits, subject to proper conditions to protect the district for temporary structures and uses for development purposes.

No such permit shall be for more than an one-year period, subject to renewal as needed for the special purposes.

Upon expiration of such permit, the structure shall be removed and the use cease.

The PGA may reduce the required parking if it determines that the public good would be served and that the area in which the development is located would not suffer a substantial adverse effect from such diminution in parking. In making this determination as to the appropriate amount of parking to be required, one or more of the following criteria shall be considered:

The PGA may allow a development to supply more parking than the maximum if it determines that the public good would be served by allowing the additional parking. In making this determination, the following criteria shall be considered:

Where a building or occupancy permit is not applied for or is refused because of nonconformance to the terms of this Ordinance, the applicant may apply or appeal to the Board of Appeals for the authorization of a variance, subject to the provisions of § 9.15 of this Zoning Ordinance.

Each application or appeal for a variance from the specific terms of this Zoning Ordinance shall include a written statement justifying the appeal on the basis that all of the following conditions are met, as required by Chapter 40A, Section 10 of the General Laws of Massachusetts.

Before a variance may be authorized, the Board of Appeals shall, as required by Chapter 40A, Section 10 of the General Laws of Massachusetts, find that all of the conditions of said section, as summarized in § 9.14(b) of this Zoning Ordinance have been met.

The Board of Appeals shall impose such limitations on time and use or such other conditions as it may deem desirable to protect the public interest and to ensure that the variance granted is not greater in degree or duration than is justified by the hardship to be relieved.

The Board of Appeals shall not impose conditions, safeguards or limitations based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or any owner.

The Board of Appeals shall record its findings regarding each of the conditions in Paragraphs (a) and (b) of this § 9.15.

Variances granted prior to the effective date of any provision of this Zoning Ordinance but limited in time may be extended on the same terms and conditions that were in effect for such variance upon said effective date.

The decision of the Board of Appeals shall be made within 100 days after the date of filing with the City Clerk of an application for a variance. Failure of the Board of Appeals to act within 100 days shall be deemed to be a grant of the petition, unless the deadline is extended in accordance with § 9.04(f).

Any application for a variance or special permit which has been transmitted to the Board of Appeals may be withdrawn by the petitioner without prejudice prior to the publication of notice of a public hearing thereon, but thereafter may be withdrawn without prejudice only with the approval of the Board of Appeals.

No application for a special permit or a variance which has been unfavorably acted on by the Board of Appeals shall be reconsidered on its merits within two years of such action, unless the Board of Appeals finds, by an affirmative vote of four of its five members, specific and material changes in the conditions upon which previous unfavorable action was based, and describes such changes in the records of its proceedings, and unless all but one of the members of the Planning Board consents thereto and after notice is given to parties in interest of the time and place of proceedings when the question of such consent will be considered.

Any person aggrieved by the order or decision of the Inspector of Buildings or the Zoning Enforcement Officer may appeal to the Board of Appeals under the provisions of Chapter 40A, Sections 8, 13, 15, 16, and 17 and amendments thereto of the General Laws.

Any person aggrieved by a decision of the Board of Appeals or of any municipal officer or board, may appeal to the Superior Court within 20 days after the decision has been filed in the office of the City Clerk under the provisions of Chapter 40A, § 17 of the General Laws of Massachusetts.

This Zoning Ordinance may be amended from time to time by vote of the City Council in accordance with the provisions of Chapter 40A, § 5 of the General Laws of Massachusetts.

The City Council shall within 14 days of receipt of such proposed Zoning Ordinance submit it to the Planning Board for review.

No amendment to this Zoning Ordinance shall be adopted until after the Planning Board has held a public hearing thereon and has submitted a final report with its recommendations to the City Council or until 21 days shall have elapsed after such hearing without the submission of such a report.

Construction or operations under a building permit or special permit shall conform to any subsequent amendment of this Zoning Ordinance unless the use or construction is commenced within six months after the issuance of the permit and in cases involving construction is continued through to completion as continuously and expeditiously as is reasonable.

Except as provided in Chapter 40A, Section 6, of the General Laws of Massachusetts amendments to this Zoning Ordinance shall not apply to structures or uses lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on such ordinance required by Article IX, but shall apply to any change or substantial extension of such a use, to a building or special permit issued after the first notice of said public hearing, to any reconstruction, extension, or structural change of such structure and to any alteration of structure begun after the first notice of said public hearing to provide for its use for a substantially greater extent except where alteration, reconstruction, extension or structural change to a single or two-family residential structure does not increase the nonconforming nature or said structure.

It shall be the duty of the Planning Board to hold public hearings on any proposed amendments to this Zoning Ordinance within 65 days after the proposed zoning amendment is submitted to the Planning Board by the City Council.

Adoption or change of any provision of the Zoning Ordinance may be initiated by submission to the City Council of a proposed amendment to the Zoning Ordinance by the City Council, Board of Appeals, by an individual owning land to be affected by change or adoption, by ten registered voters, by the Planning Board, a regional planning agency, or other method as provided by the City Charter.

If the City Council fails to vote to adopt any proposed amendment to the Zoning Ordinance within 90 days after the City Council's public hearing, no action shall be taken thereon until after a subsequent public hearing is held with notice and report as provided in § 9.20.

By publication in a newspaper of general circulation in the City once in each of two successive weeks, the first publication being not less than 14 days before the day of such hearing; and by posting such notice in a conspicuous place in the City Hall for a period of not less than 14 days before the day of said hearing.

By regular mail, to the owners of all property sharing a common property line with the property proposed to be rezoned, as well as those deemed to be affected, to be mailed not less than 10 days before the hearing.

Notice of the public hearing to be held by the Planning Board shall also be sent by mail, postage prepaid to the Department of Community Affairs, the Metropolitan Area Planning Council and to the planning boards of all the abutting cities and towns.

A separate, conspicuous statement shall be included with property tax bills sent to nonresident property owners, stating that notice of hearings under this section shall be sent by mail, postage prepaid, to any such owner who files an annual request for such notice with the City Clerk no later than January first, and pays a fee of one dollar.

In cases involving boundary or use changes within a district, notice shall be sent to any such nonresidential property owner who has filed such request with the City Clerk and whose property lies in the district where the change is sought.

All costs incurred in connection with the notice requirements set forth in subsections (a) through (e) above shall be borne by the person or persons proposing the amendment to the Zoning Ordinance.