The purposes of the special development overlay district are to encourage the redevelopment and reuse of existing nonresidential properties in a manner compatible with surrounding neighborhoods or commercial areas; to prevent disinvestment and deterioration of nonresidential buildings that have become obsolete for their original purposes by allowing other economic uses, including but not limited to residential uses; to protect and enhance the value of real property; and to provide regulatory flexibility to achieve the foregoing.

(Ord. 10/17/06 (part): prior code § 145-61.1)

The special development overlay district (SDOD) is established as an overlay district. The district is bounded on the map entitled, "Special Development Overlay District," dated July 31, 2006, on file with the town clerk.

(Ord. 10/17/06 (part): prior code § 145-61.2)

The underlying zoning shall remain an integral part of this title, and shall neither be modified, repealed nor amended by this chapter. The owners of property in the special development overlay district shall continue to possess all current zoning rights and be subject to the requirements applicable in the underlying zones. In the event that an owner desires to use his or her property for the uses provided for in this chapter, the rules and regulations of the special development overlay district shall apply and by filing an application for development plan review or a special permit for a development subject to such rules and regulations, the owner shall be deemed to accept and agree to them. Where the special development overlay district provisions are silent on a zoning rule or regulation, the requirements of the underlying district shall apply.

(Ord. 10/17/06 (part): prior code § 145-61.3)

As used in this chapter:

"Building reuse project" means the redevelopment and reuse of an existing municipal, institutional, commercial, industrial or residential building in the special development overlay district. A building reuse project may include alteration or expansion of an existing building or new construction of additional buildings on the same lot, subject to the requirements of this chapter.

"Existing gross floor area ratio (FAR)" means the ratio of the gross floor area to the total area of the lot for buildings in existence on the effective date of the special development overlay district.

"Net leasable area" means the leasable area of a building, exclusive of common space such as hallways, building foyers, areas devoted to heating, air conditioning, elevators, and other utility areas.

(Ord. 10/17/06 (part): prior code § 145-61.4)

The following use regulations shall apply in the special development overlay district. All uses permitted by right or allowed by special permit are subject to development plan review under Section 17.48.090 of this chapter and shall conform to the minimum building and site design standards in Section 17.48.100 of this chapter.

A.

Permitted Uses. The following uses are permitted in the special development overlay district:

1.

Building Reuse Project.

a.

Multi-family dwelling; garden apartment.

b.

Professional or business office, but not including a medical or dental office; provided that no individual office establishment shall exceed seven thousand five hundred (7,500) square feet of net leasable area.

c.

Mixed-use development, subject to Section 17.48.070 of this chapter, provided that the proposed development includes business uses permitted by right in the underlying district as set forth in Section 17.12.130. Where the proposed development includes business uses that are not permitted by right in the underlying district, mixed-use development in the special development overlay district requires a special permit from the planning board in accordance with subsection (B)(2) of this section.

2.

New Construction.

a.

Semi-detached or duplex dwelling.

b.

Attached dwelling development or multi-family dwelling, garden apartment, up to one unit per two thousand five hundred (2,500) square feet.

3.

Accessory Uses.

B.

Uses Allowed by Special Permit. The planning board may grant a special permit for one or more the following uses, whether or not the proposed development is a building reuse project as defined in Section 17.48.040 of this chapter.

1.

Medical or dental office, or a professional office exceeding seven thousand five hundred (7,500) square feet of net leasable area.

2.

Mixed-use development, subject to Section 17.48.070 of this chapter.

3.

New construction of an attached dwelling development or multi-family dwelling, garden apartment, up to one unit per one thousand eight hundred (1,800) square feet.

4.

Indoor or outdoor recreational use, including a commercial recreational use, when developed in conjunction with residential or commercial uses or a combination thereof on the same lot or on contiguous lots under common ownership.

5.

Accessory use to a use allowed by special permit.

C.

Use Variances. Use variances shall not be granted in the special development overlay district.

(Ord. 10/17/06 (part): prior code § 145-61.5)

The dimensional regulations for the underlying district(s) as set forth in Chapter 17.16 of this title and the Table of Dimensional Regulations in the Appendix following Chapter 17.16 shall apply to the special development overlay district, except as follows:

A.

Maximum Density and Intensity of Use.

1.

For a building reuse project:

a.

There shall be no minimum lot area per dwelling unit for residential uses.

b.

The maximum gross floor area ratio (FAR) shall not exceed 1.25 of the existing floor area ratio except as provided in subsection (A)(3) of this section.

2.

For other uses:

a.

The minimum lot area for a semi-detached or duplex dwelling shall be ten thousand (10,000) square feet.

b.

The maximum density for an attached dwel1ing development or a multi-family dwelling, garden apartment shall not exceed one unit per two thousand five hundred (2,500) square feet of lot area except by special permit from the planning board under Section 17.48.050(B) of this chapter.

c.

The maximum floor area ratio for nonresidential uses or mixed-use development shall not exceed .80, except as provided in subsection (B)(3) of this section.

3.

The planning board may grant a special permit for a maximum floor area ratio not exceeding 1.50 of the existing floor area ratio, subject to the special permit and development plan review standards set forth in this chapter.

B.

Maximum Height.

1.

Except as provided in subsection (B)(2) of this section, the maximum height for residential uses shall be thirty-five (35) feet, and the height of the highest eave shall not exceed twenty-seven (27) feet. However, when the maximum height for residential uses in the underlying district is greater than thirty-five (35) feet, the height regulations in the underlying district shall apply.

2.

The maximum height of a building reuse project shall be the height of the existing building developed pursuant to this section. however. the planning board may grant a special permit to allow vertical expansion in a building reuse project, subject to the requirements of this subsection:

a.

The building height shall not increase by more than one story above the existing number of stories. and unless waived by the planning board, the height increase shall be accommodated by an upper-floor minimum setback in the front façade of at least five feet commencing no higher than the existing height with the exception of access components (such as an elevator shaft) and unoccupied architecture features, not to exceed twenty-five (25) percent of the aggregate front façade area;

b.

Any horizontal expansion of the building shall not increase the existing footprint by more than twenty (20) percent;

c.

A flat or nearly flat roof is prohibited unless the planning board approves a flat roof structure that is capped by an articulated parapet design which acts as a structural expression of the building façade and its materials and is visible from all sides of the building, or a green roof system with green roof plants suited for the local climate, as determined by the planning board.

C.

Lot Coverage. A building reuse project for an attached dwelling development or multi-family garden apartment shall be exempt from the maximum lot coverage requirements of Section 17.16.020(H) of this title.

D.

Setback—Front Yard. The minimum front yard setback shall be the lesser of the minimum front yard setback for the underlying district or the setback of the existing principal building on the lot. For purposes of this section, existing accessory structures, if any, shall not be used to establish the minimum front yard setback.

E.

Minimum Separation of Buildings. In a development with two or more buildings on the same lot, the minimum separation between buildings shall be twenty (20) feet or two-thirds height of the taller building, whichever is greater.

F.

Open Space—Landscaped. A development in the special development overlay district shall provide at least twenty (20) percent of the lot area as landscaped open space as defined in Section 17.04.050 of this title, unless the planning board determines during development plan review that it is physically infeasible or uneconomic for a building reuse project to comply, in which case the planning board may approve a reduction or waiver of the landscaped open space requirement.

G.

Minimum Floor Area—Dwelling Units. Any dwelling unit in a semi-detached dwelling, an attached dwelling, or multi-family garden apartment, or dwelling units in a mixed-use development, shall comply with the following minimum floor area requirements, measured as living area, unless the planning board authorizes a reduction by special permit:

1.

One-bedroom unit: seven hundred (700) square feet;

2.

Two-bedroom unit: nine hundred (900) square feet;

3.

Three-bedroom unit: one thousand two hundred (1,200) square feet.

(Ord. 10/17/06 (part): prior code § 145-61.6)

A.

Definition. Mixed-use development shall be as defined in Section 17.12.040(A) of this title.

B.

Business Uses—Minimum Floor Area. At least thirty (30) percent of the total floor area of a mixed-use building shall contain business uses.

C.

Location of Dwelling Units. Residential uses shall be located above the ground floor of a mixed-use building unless the planning board grants a special permit to locate residential uses at grade, subject to the following:

1.

The ground floor of the front façade of any building facing the street shall contain business uses only; and

2.

The entrance to any at-grade residential unit is on the side or rear of the building.

(Ord. 10/17/06 (part): prior code § 145-61.7)

The planning board shall be the special permit granting authority for uses in the special development overlay district. The planning board's decision shall be based upon the considerations in Section 17.24.010 of this title and all applicable requirements of Section 17.16.020(H).

(Ord. 10/17/06 (part): prior code § 145-61.8)

A.

General Requirements.

1.

No building permit shall be issued for any development in the special development overlay district unless the planning board has approved a development plan, with or without conditions.

2.

The submission requirements for site plan review under Section 17.24.010(C) and environmental design review under Section 17.24.040(B) shall constitute the submission requirements for development plan review in the special development overlay district. In addition, the submission requirements for development plan review shall include any supplemental plans or drawings necessary to demonstrate compliance with the design standards set forth in Section 17.48.100 of this chapter.

3.

The planning board shall base its development plan review decision on the standards set forth in Sections 17.24.010 and 17.24.040, as applicable, and on a determination that the proposed development meets the requirements of Sections 17.48.100 and 17.48.110 of this chapter.

4.

The planning board may adopt administrative regulations and procedures to implement this section.

B.

Application, Review and Decision Procedures for Permitted Uses.

1.

For a permitted use, development plan review shall be an administrative review conducted by the planning board prior to any application for a building permit. The planning board shall distribute the plan for review in accordance with Section 17.24.040(F) of this title, except that for a building reuse project, the planning board shall also refer the plan to the Winthrop historical commission.

2.

Within thirty (30) days of receipt of an application for development plan review, the planning board shall hold a public hearing in accordance with the procedures set forth in Section 17.24.040(E).

3.

Not later than forty-five (45) days following the close of the public hearing, the planning board shall either approve the development plan as submitted or approve such plan with conditions, which shall be conditions imposed on the building permit and enforced by the building inspector.

4.

Any party aggrieved. by the planning board's decision may appeal under the provisions of M.G.L. Ch. 40A, § 17.

C.

Review and Decision Procedures for Special Permit Uses.

1.

For any use requiring a special permit in the special development overlay district, development plan review shall be incorporated within the special permit process and be subject to conditions of the special permit.

2.

Application, review and decision procedures shall be in accordance with Sections 17.24.010 and 17.24.040 of this chapter.

D.

Performance Guarantee. A performance bond shall be required as a condition of development plan approval. The performance bond may be secured by deposit of money or negotiable securities in the form selected by the planning board, and must be posted with the town to guarantee completion of improvements to be made in compliance with the plans submitted and approved under the provisions of this chapter. The amount of security shall be one hundred twenty-five (125) percent of the full cost of all site improvements as determined by an estimate from the applicant's engineer, which may be confirmed or increased by the board. For purposes of this chapter, "site improvements" means site improvements or facilities planned and designed to fully serve the proposed development and to mitigate the on-site impacts of the development, as shown on the plan approved by the planning board or as set forth in the planning board's conditions of approval.

(Ord. 10/17/06 (part): prior code § 145-61.9)

A.

Building Orientation. New buildings shall be oriented parallel with the front setback line to establish and preserve a consistent building line, with primary entrances oriented toward the street.

B.

Garages. Garage doors or loading docks are prohibited in the front façade of any principal or accessory building facing the street.

C.

Outdoor Storage. Outdoor storage, trash collection or compaction, loading, or other such uses are prohibited within fifty (50) feet of any public or private street, public sidewalk, or internal pedestrian way, unless specifically approved by the planning board during development plan review.

D.

Landscaped Buffer. Any development on a lot abutting a residential district shall provide a landscaped buffer in accordance with Section 17.16.020(F), and the following additional requirements, which shall supersede Section 17.16.020(F) in the event of a conflict. The landscaping shall include at least one shade tree or two ornamental trees and five shrubs for each thirty (30) feet in length of the buffer, planted within fifteen (15) feet of the property line abutting the residential district. A minimum of one-third of the trees and shrubs must be evergreen. Plantings need not be evenly spaced. As part of development plan review, the planning board may approve an alternative landscaping plan that results in equal or greater screening to abutting residential properties, in the opinion of the planning board.

E.

Water Conservation. Landscaping shall be comprised primarily of non-invasive, drought-resistant plantings that include trees, flowers, shrubs, succulents and ornamental grasses. High-water use turf shall not exceed twenty-five (25) percent of all landscaped areas or open space on the site. Outdoor watering may be achieved by drip irrigation or low-energy spray irrigation, or another water-conserving irrigation system deemed comparable in the opinion of the planning board. Rainwater harvesting systems are encouraged where feasible.

(Ord. 10/17/06 (part): prior code § 145-61.10)

A.

Applicability of Chapter 17.20. The provisions of Chapter 17.20 of this title shall apply to the special development overlay district except as modified in this section. Where there is a conflict, the provisions of this section shall govern.

B.

Roadways. The internal roadway(s) shall be adequate for the proposed use as determined by the planning board, and shall be maintained by an association of unit owners, the applicant or the entity that owns and manages the development.

C.

Parking Spaces. Off-street parking shall be provided in accordance with the following minimum requirements:

1.

Semi-detached or attached dwelling unit: two spaces per unit.

2.

Multifamily dwelling units: one space per studio unit, 1.5 spaces per one-bedroom unit, two spaces per unit with two or more bedrooms; plus one visitor space for every five units.

3.

Age-restricted dwelling unit: 1.5 spaces per unit, except that for an assisted living facility, there shall be an average of .5 spaces per unit; plus one visitor space for every five units.

4.

Other uses: in accordance with Section 17.20.060 of this title.

5.

Mixed Uses: requirements for each use shall be added, unless the planning board determines as part of development plan review that a smaller number is adequate for the proposed development.

D.

Reserve Parking. For a building reuse project, the planning board may authorize a decrease in the required number of off-street parking spaces, subject to the following conditions:

1.

The decrease in number of parking spaces is not more than twenty-five (25) percent of the total number of spaces required under this section and Section 17.20.060 of this title. The waived parking spaces shall not be used for building area and shall be labeled as "Reserve Parking" on the site plan.

2.

The decrease in number of required spaces will not create undue congestion, traffic hazards, or a substantial detriment to the neighborhood, and does not derogate the intent and purpose of this chapter.

3.

The reserve parking spaces shall be properly designed as an integral part of the overall parking development, and in no case shall any reserve parking spaces be located within areas counted as yard setbacks.

4.

If, after one year from the date of issuance of a certificate of occupancy, the building inspector and/or planning board find that all or any of the reserve spaces are needed, the planning board may require that all or any portion of the spaces identified as reserve parking on the site plan be constructed within a reasonable time period, as specified in writing by the planning board following a public meeting with the owner of the property. Notice of the public meeting shall be by publication in a newspaper of general circulation in accordance with M.G.L. c40A, Section 11.

E.

Increased Reserve Parking. The planning board may require provisions for an increase in the minimum require number of parking spaces, provided that:

1.

The increase is no more than fifteen (15) percent of the total number of parking spaces required for the use(s) in question.

2.

Any such increase in the number of required parking spaces shall be based upon the special nature of a use or building.

3.

The increased number of parking space shall be labeled "Increased Reserve Parking" on the site plan and shall be properly designed as an integral part of the overall parking layout, located on land suitable for parking development and in no case located within an area counted as yard setback.

4.

The applicant shall not be required to construct any of the spaces labeled as "Increased Reserve Parking" for at least one year from the date of issuance of a certificate of occupancy. If the building inspector and/or planning board find that all or any of the increased reserve spaces are needed, the planning board may require that all or any portion of the spaces identified as increased reserve parking on the site plan be constructed within a reasonable time period, as specified in writing by the planning board following a public meeting with the owner of the property. Notice of the public meeting shall be by publication in a newspaper of general circulation in accordance with M.G.L. c.40A, § 11.

5.

Where the increased reserve parking area is required by the planning board and the applicant has otherwise provided the minimum required number of parking spaces under Section 17.20.060 and this section, the area of land reserved for the increased number of parking spaces may be deducted from the minimum landscaped open space under Section 17.48.060(E) of this chapter.

F.

Parking for Commercial Vehicles. For a development with residential uses. commercial vehicles may be parked on the site only in accordance with Section 17.20.050(A) of this title.

G.

Location of Parking Areas. No off-street parking shall be located between the front façade of the building and the front property line, except that the planning board may waive this requirement for an existing parking lot serving a building reuse project.

H.

Pedestrian Safety. Walkways shall be provided in appropriate locations on the site and shall be clearly recognizable through the use of raised, textured or color surface treatments.

(Ord. 10/17/06 (part): prior code § 145-61.11)