NR & UR Adaptive Re-Use of Commercial Buildings — File 22-1430

72 | SOMERVILLE ZONING ORDINANCE 3. Residence Districts Neighborhood Residence (NR) 3. Residence Districts Neighborhood Residence (NR) 08/02/22 16. Use Provisions a. General i. The use of real property is subject to the provisions of Article 9: Use Provisions of this Ordinance. Where the provisions of this section conflict with those of Article 9, the provisions of Article 9 apply. ii. Unless otherwise specified, use categories are permitted as specified in the first column on Table 3.1.16. iii. Use categories that are not identified on Table 3.1.16 are prohibited. iv. All uses must comply with any use-specific standards applicable for each use in §9.2 Use Definitions & Limitations. v. Uses permitted by Special Permit require additional development review in accordance with §15.2.1 Special Permits. b. Adaptive Re-Use of Specific Building Types i. The use of any principal building commercial building type constructed before the adoption date of this Ordinance for a non-residential use that is considered nonconforming in the Neighborhood Residence district, as established by permit records or other historical documents accepted by the Building Official, or any building used for municipal operations by the City of Somerville may be changed to any use within the following principal use categories in accordance with is permitted only as specified in the second column of Table 3.1.16. The following standards apply: a). Business operations are permitted only between the hours of 7:00am to 9:00pm. b). In addition to the review criteria for all Special Permits specified in §15.2.1.e. Review Criteria, the review board shall make findings considering the following in its discretion to approve or deny a special permit authorizing a Veterinarian or Health Care Services specific use to occupy a commercial building. i). Compatibility with the level of activity associated with the surrounding properties. ii). The existing concentration of uses from the same use category within the neighborhood. iii). The availability of the same services within the neighborhood. iv). The availability of comparable commercial spaces within the neighborhood. a). Artisanal Production; b). Arts Sales & Services; c). Design Services; d). Shared Workspace & Arts Education; e). Consumer Goods; or f). Fresh Food Market or Grocery. Table 3.1.16  Permitted Uses Use Category Specific Use 1 2 Arts & Creative Enterprise Artisanal Production N P Arts Sales & Service N P Design Services N P Shared Workspaces & Arts Education N P Auto-Oriented Motor Vehicle Parking (as noted below) -- -- Off-Site Accessory Parking SP SP Civic & Institutional Minor Utility Facility SP N Public Service P P Religious & Educational Uses Protected by M.G.L. 40A. Sec. 3 P P Commercial Services Animal Services (as noted below) -- -- Commercial Kennel N N Pet Grooming N P Pet Day Care or Training N N Veterinarian N SP Day Care Service (as noted below) -- -- Child Day Care Center P P Personal Services (except as follows) N P Body Art Services N P Fitness Services N P Funeral Services N N Health Care Services N SP Lodging Bed & Breakfast SP N Residential Household Living P N Group Living (except as follows) SP N Community or Group Residence P N Dormitory or Chapter House N N Homeless Shelter N N Nursing Home/Assisted Living Facility N N Rooming House N N P - Permitted SP - Special Permit Required N - Not Permitted

73 SOMERVILLE ZONING ORDINANCE | 3. Residence Districts Neighborhood Residence (NR) 3. Residence Districts Neighborhood Residence (NR) 08/02/22 17. Development Standards a. General i. Development is subject to the provisions of Article 10: Development Standards of this Ordinance. Where the provisions of this section conflict with those of Article 10, the provisions of Article 10 apply. b. Signs i. A sign, individual numerals or letters, or a nonelectrical nameplate identifying the property address is required for all real property as follows: a). Each ground story non-residential use must identify the street address either on the principal entrance door or above or beside the principal entrance of the use. b). All residential building types must identify the street address either on the principal entrance door, above or beside the principal entrance, or on a mailbox. ii. Address signs must be made easily visible through the use of colors or materials that contrast with the background material they are attached to and must be conspicuously located to provide visibility from the thoroughfare that the building faces. iii. Address signs must be twelve (12) inches or less in height and may include the name of the occupant. Table 3.1.16  Permitted Uses (continued) Use Category Specific Use 1 2 Retail Sales Consumer Goods (except as follows) N P Alcohol Sales N N Firearms Sales N N Pet Store N N Fresh Food Market or Grocery Store N P Urban Agriculture Farming (as noted below) -- -- Commercial Farming N P Community Farming P P Community Gardening P P Accessory Uses Home Occupations (as noted below) -- -- Creative Studio P N Hobby Kennel SP N Home-Based Business P N Home-Based Day Care SP N Home Office P N Urban Agriculture (as noted below) -- -- Apiculture P N Aviculture P N Commercial Farming P N Residential Gardening P N Vehicle Parking, Accessory (except as follows) P N Home-Based Business Vehicle Parking SP N P - Permitted SP - Special Permit Required N - Not Permitted

3. Residence Districts Urban Residence (UR) 08/02/22 106 | SOMERVILLE ZONING ORDINANCE 3. Residence Districts Urban Residence (UR) 15. Use Provisions a. General i. The use of real property is subject to the provisions of Article 9: Use Provisions of this Ordinance. Where the provisions of this section conflict with those of Article 9, the provisions of Article 9 apply. ii. Unless otherwise specified, use categories are permitted as specified in the first column on Table 3.2.15. iii. Use categories that are not identified on Table 3.2.15 are prohibited. iv. All uses must comply with any use-specific standards applicable for each use in §9.2 Use Definitions & Limitations. v. Uses permitted by Special Permit require additional development review in accordance with §15.2.1 Special Permits. b. Adaptive Re-use of Specific Building Types i. The use of any principal building commercial building type constructed before the adoption date of this Ordinance for a non-residential use that is considered nonconforming in the Neighborhood Residence district, as established by permit records or other historical documents accepted by the building official, or any building used for municipal operations by the City of Somerville may be changed to any use within the following principal use categories in accordance with is permitted only as specified in the second column of Table 3.2.15. The following standards apply: a). Business operations are permitted only between the hours of 7:00am to 9:00pm. b). In addition to the review criteria for all Special Permits specified in §15.2.1.e. Review Criteria, the review board shall make findings considering the following in its discretion to approve or deny a special permit authorizing a Veterinarian or Health Care Services specific use to occupy a commercial building. i). Compatibility with the level of activity associated with the surrounding properties. ii). The existing concentration of uses from the same use category within the neighborhood. iii). The availability of the same services within the neighborhood. iv). The availability of comparable commercial spaces within the neighborhood. c). Artisanal Production; d). Arts Sales & Services; e). Design Services; f). Shared Workspace & Arts Education; g). Consumer Goods; or h). Fresh Food Market or Grocery. Table 3.2.15  Permitted Uses Use Category Specific Use Arts & Creative Enterprise Artisanal Production N P Arts Sales & Service N P Design Services N P Shared Workspace & Arts Education N P Auto-Oriented Motor Vehicle Parking (as noted below) -- -- Off-Site Accessory Parking SP SP Civic & Institutional Minor Utility Facility SP N Public Service P P Religious & Educational Uses Protected by M.G.L. 40A. Sec. 3 P P Commercial Services Animal Services (as noted below) -- -- Commercial Kennel N N Pet Grooming N P Pet Day Care or Training N N Veterinarian N SP Day Care Service (as noted below) -- -- Child Day Care Center P P Personal Services (except as follows) N P Body Art Services N P Fitness Services N P Funeral Services N N Health Care Services N SP Vehicle Parking (except as follows) N N Bike Share Parking P P Car Share Parking (3 or fewer spaces) P P Car Share Parking (4 or more spaces) SP SP P - Permitted SP - Special Permit Required N - Not Permitted

3. Residence Districts Urban Residence (UR) 08/02/22 107 SOMERVILLE ZONING ORDINANCE | 3. Residence Districts Urban Residence (UR) 16. Development Standards a. General i. Development is subject to the provisions of Article 10: Development Standards of this Ordinance. Where the provisions of this section conflict with those of Article 10, the provisions of Article 10 apply. b. Signs i. A sign, individual numerals or letters, or a nonelectrical nameplate identifying the property address is required for all real property as follows: a). Each ground story non-residential use must identify the street address either on the principal entrance door or above or beside the principal entrance of the use. b). All residential building types must identify the street address either on the principal entrance door, above or beside the principal entrance, or on a mailbox. ii. Address signs must be made easily visible through the use of colors or materials that contrast with the background material they are attached to and must be conspicuously located to provide visibility from the thoroughfare that the building faces. iii. Address signs must be twelve (12) inches in height or less and may include the name of the occupant. Table 3.2.15  Permitted Uses (continued) Use Category Specific Use Lodging Bed & Breakfast SP N Residential Household Living P N Group Living (except as follows) SP N Community or Group Residence P N Dormitory, Fraternity, or Sorority SP N Homeless Shelter N N Nursing Home/Assisted Living Facility SP N Rooming House SP N Retail Sales Consumer Goods (except as follows) P P Alcohol Sales N N Firearms Sales N N Pet Store N N Fresh Food Market or Grocery Store P P Urban Agriculture Farming (as noted below) -- -- Commercial Farming N P Community Farming P P Community Gardening P P Accessory Uses Home Occupations (as noted below) -- -- Creative Studio P N Home-Based Business P N Home Office P N Urban Agriculture (as noted below) -- -- Apiculture P N Aviculture P N Commercial Farming P N Residential Gardening P N Vehicle Parking, Accessory (except as follows) P N Home Business Vehicle Parking SP N P - Permitted SP - Special Permit Required N - Not Permitted

421 SOMERVILLE ZONING ORDINANCE | 08/02/22 9. Use Provisions Permitted Uses 9.1 PERMITTED USES 1. General a. The use of real property is permitted as specified on Table 9.1.1. b. Use categories not identified on Table 9.1.1 are prohibited. c. Real property may have one or more principal and one or more accessory uses. 2. Applicability a. The continuation of any use that existed prior to the establishment of zoning in Somerville or that complied with the Somerville Zoning Ordinance when the use was established, but is non-compliant to a subsequent amendment of the Somerville Zoning Ordinance is permitted, subject to Article 14: Nonconformance. 3. Development Review a. The establishment of any use, change in use of any structure or land, and any expansion in the use of land requires the submittal of a development review application to the Building Official. b. All uses must comply with any use-specific standards applicable for each use in §9.2 Use Definitions & Limitations. c. Uses permitted by Special Permit require additional development review in accordance with §15.2.1 Special Permits. 4. Protected Uses a. This Ordinance does not restrict the use of land or structures for activities protected by M.G.L. Chapter 40A, Section 3. In cases where Table 9.1 indicates the use of real property for a protected use requires a special permit (SP) or is not permitted (N), that use is permitted (P) and is subject only to the provisions for the appropriate building type. 5. Classification of Uses a. Use Categories i. This Ordinance classifies principal land uses into use categories based on similar functional, product, or physical characteristics, the type and amount of activity, the manner of tenancy, the conduct of customers, how goods or services are sold or delivered, and likely impact on surrounding properties. b. Specific Use Types i. Some categories are further broken into a list of individual uses. For example, under the Consumer Goods category is the Alcohol Sales specific use type, which is a more strictly regulated use than others in this same category. c. Organization of Text & Tables i. Use categories are listed on Table 9.1 and ordered in the text of 9.2 Use Definitions & Standards using the same headings for organizational purposes. d. Some use categories identify a list of individual uses that are regulated differently than other uses within the same category, despite their similarity. In this circumstance the specific uses are identified by text that reads ‘the following uses are regulated differently’ in 9.2 Use Definitions & Standards and ‘except as follows’ on the use table. e. Some use categories identify an exclusive list of individual uses that are permitted, where individual uses not identified are prohibited. This circumstance is identified by text that reads ‘the specific uses are’ in 9.2 Use Definitions & Standards and ‘as noted below’ on the use table. 6. Category Designation a. The Building Official shall classify land uses based on the definitions of the use category and individual uses listed in 9.2 Use Definitions & Standards. b. A use classified into one category cannot also be classified in a different use category. c. If a proposed use is not listed in a use category, but meets the definition of a use category or is similar to a listed individual use, the Building Official may consider the proposed use part of that use category and issue a written interpretation to document such a determination for subsequent applications in accordance with §15.4.3 Written Interpretation. d. When a proposed use is not found to meet the definition of a use category or be similar to a listed individual use by the Building Official, the use is prohibited. 7. Use Restrictions a. General i. The uses permitted according to by Table 9.1.1 may be limited or restricted from occupancy within permitted differently for certain building types. See the standards for each building type in each zoning district for more information. ii. Drive-up and drive-through uses are prohibited. b. Pedestrian Streets i. The uses permitted according to by Table 9.1.1 may be further limited permitted differently for real property abutting a Pedestrian Street. See the provisions for each zoning district for more information.

423 SOMERVILLE ZONING ORDINANCE | 08/02/22 9. Use Provisions Permitted Uses Table 9.1.1  Permitted Uses Use Category Specific Use NR UR MR3 MR4 MR5 MR6 HR FAB CC CI CB CIV Arts & Creative Enterprise Categories Artisanal Production N N P P P P P P P P P N Arts Exhibition N N P P P P P P P P P N Arts Sales or Services N N P P P P P P P P P N Co-Working N N P P P P P P P P P N Design Services N N P P P P P P P P P N Shared Workspaces or Arts Education N N P P P P P P P P P N Work/Live Creative Studio N N N N N N N SP N N N N Auto-Oriented Categories Commercial Vehicle Repair or Maintenance N N N N N N N N N SP SP N Dispatch Service (except as follows) N N N N N N N N N P P N Towing Service N N N N N N N N N SP SP N Gasoline Station N N N N N N N N N N N N Motor Vehicle Parking (as noted below) -- -- -- -- -- -- -- -- -- -- -- -- Off-Site Accessory Parking SP SP N N N N N N N P P N Personal Vehicle Repair or Maintenance N N N N N N N N N SP SP N Recharging Station N N P P P P P N P P P N Vehicle Sales N N N N N N N N N SP SP N Cannabis Establishment Categories Cannabis Cultivation N N SP SP SP SP SP SP SP SP SP N Cannabis Product Manufacturing N N N N N N N P N P N N Cannabis Retail Sales N N SP SP SP SP SP N SP SP SP N Cannabis Research & Development N N P P P P P N P P P N Cannabis Testing Laboratory N N P P P P P N P P P N Civic & Institutional Categories Community Center N N P P P P P P P N N N Hospital N N SP SP SP SP SP N SP SP N N Library N N P P P P P P P N N N Minor Utility Facility SP SP SP SP SP SP SP SP SP SP SP SP Major Utility Facility N N N N N N N N N N N N Museum N N P P P P P P P N N N Private Non-Profit Club or Lodge N N SP SP SP SP SP N SP N N N Public Service P P P P P P P P P P P P Religious & Educational Uses Protected by M.G.L. 40A. Sec. 3 P P P P P P P P P P P P P - Permitted SP - Special Permit Required N - Not Permitted

427 SOMERVILLE ZONING ORDINANCE | 08/02/22 9. Use Provisions Use Definitions & Standards 9.2 USE DEFINITIONS & STANDARDS 1. General a. This section provides definitions for use categories and individual uses and identifies standards applicable to either all uses within a category or specifically to an individual use. b. In some cases, a principal use may include ancillary activities that are subordinate, customary, and incidental to the day-to-day operations of the principal use. Such ancillary activities do not require separate approval, but must comply with any standards applicable to the principal use. 2. Arts & Creative Enterprise Use Categories a. Artisanal Production The on-site production of hand-fabricated or hand- manufactured parts and custom or craft consumer goods based on the skill and knowledge of the artisan and the use of hand tools or small-scale, light mechanical equipment. The Artisanal Production category includes apparel manufacturing, breweries, cabinetry, chocolatiers, confectionery, furniture making, glass working, jewelry making, metal working, pottery, sculpture, wood working, and their substantial equivalents. Showrooms and the ancillary sales of goods produced on-site are permitted. The following standards apply: i. The production of offensive noise, vibration, smoke, dust or other particulate matter, heat, humidity, glare, or other objectionable effect is prohibited, except in the Fabrication and Commercial Industry districts. ii. In addition to the review criteria for all Special Permits specified in §15.2.1.e. Review Criteria, the review board shall make findings considering the following in its discretion to approve or deny a special permit authorizing an Artisanal Production principal use: a). Appreciable methods to mitigate noise for abutting residential properties. b). Location of loading, trash and recycling storage, and the procedure for drop-off and pickup. c). The limitation of visitors and ancillary retail sales to between the hours of 7:00am to 9:00pm. b. Arts Exhibition The production, rehearsal, or live performance of cultural entertainment or artistic expression such as singing, dancing, comedy, literary readings, performance art, musical theater, live plays, and concerts. The arts exhibition category includes venues such as assembly halls, auditoriums, cinemas, concert halls, dinner theaters, gallery space, performance halls, rehearsal & preproduction studios, live theaters, and their substantial equivalents along with the administrative offices, booking agencies, and ticket sales of performing arts organizations. c. Arts Sales or Services The display and retail sale, lease, or rental of finished artwork, art supplies, musical instruments, multi-media, or publications and activities that provide various arts related services to individuals, groups, or businesses including galleries, supply stores, printing shops, set design studios, and their substantial equivalents. The following standards apply: i. Outdoor display of products and merchandise is permitted according to the following: a). Outdoor display is permitted in any storefront frontage or on a public sidewalk subject to all City Ordinances as an ancillary activity. b). Outdoor display must be removed and placed inside a fully-enclosed building at the end of each business day. c). Display areas extending more than eight feet from the facade are prohibited. d). A minimum four (4) foot wide clear path of access must be maintained to the principal entrance. e). Display areas are permitted to occupy up to thirty percent (30%) of the frontage area. f). Display areas must comply with the sidewalk standards of Article 8: Public Realm. ii. In addition to the review criteria for all Special Permits specified in §15.2.1.e. Review Criteria, the review board shall make findings considering the following in its discretion to approve or deny a special permit authorizing an arts sales & service principal use: a). Appreciable methods to mitigate noise for abutting residential properties. b). Location of loading, trash and recycling storage, and the procedure for drop-off and pickup. c). The limitation of visitors and ancillary retail sales to between the hours of 7:00am to 9:00pm. d. Co-Working A commercial or non-profit organization providing multiple individuals and small firms access to workplace facilities, including but not limited to, artist studios, office suites, for-rent ‘hot-desks’, dedicated workstations, conference rooms, meeting rooms, event space, resource libraries, and business or administrative support services.

428 | SOMERVILLE ZONING ORDINANCE 08/02/22 9. Use Provisions Use Definitions & Standards e. Design Services Individuals and firms that provide design services to individuals, groups, or businesses including architectural design, fashion design, graphic design, interior design, industrial design, landscape architecture, product development, software development, urban design, and their substantial equivalents. i. In addition to the review criteria for all Special Permits specified in §15.2.1.e. Review Criteria, the review board shall make findings considering the following in its discretion to approve or deny a special permit authorizing a design services principal use: a). Appreciable methods to mitigate noise for abutting residential properties. b). Location of loading, trash and recycling storage, and the procedure for drop-off and pickup. c). The limitation of visitors to between the hours of 7:00am to 9:00pm. f. Shared Workspaces or Arts Education The transfer of knowledge or skills related to the creative enterprises through teaching, training, or research; organizations providing collaborative workplace facilities and business planning, finance, mentoring, and other business or administrative support services to creative enterprises; and multi- purpose facilities dedicated to providing space for multiple creative enterprises. The shared workspace & arts education category includes arts centers, creative incubators, culinary incubators, design & fabrication centers, fabrication laboratories, and their substantial equivalents. i. In addition to the review criteria for all Special Permits specified in §15.2.1.e. Review Criteria, the review board shall make findings considering the following in its discretion to approve or deny a special permit authorizing a shared workspace & arts education principal use: a). Appreciable methods to mitigate noise for abutting residential properties. b). Location of loading, trash and recycling storage, and the procedure for drop-off and pickup. c). The limitation of visitors to between the hours of 7:00am to 9:00pm. g. Work/Live Creative Studio Creative studio space consisting of up to one (1) room, including an area for accessory living, where the work needs of creative industry activities within the same building take precedence over any “quiet expectations” of the residents and neighbors residing in work/live creative studios within the same building. The following standards apply: i. Kitchen, dining, and bathroom facilities, excluding work sinks, must be shared between the tenants of each floor. ii. Floor area for accessory living space is limited to 200 sq. ft. or 30% of the total floor space of a Work/Live Studio, whichever is less. iii. The occupant(s) of the Work/Live Creative Studio must be a certified Artist with the Somerville Arts Council. iv. In addition to the review criteria for all Special Permits specified in §15.2.1.e. Review Criteria, the review board shall make findings considering the following in its discretion to approve or deny a special permit authorizing a work/live creative studio principal use: a). Width of doorways and hallways to accommodate the moving of large objects. b). Weight capacity of elevators to accommodate heavy equipment. c). Access to natural light within each studio with a preference towards northern exposure. d). Sound transmission co-efficients to prevent the transmission of sounds from equipment or repetitive tasks. e). Ventilation and air handling techniques to ensure the safety and health of residents, visitors, and neighbors. f). Ceiling heights that allow for the creation of large works and equipment, including machinery and lighting. g). Weight-bearing capacity of the floor. h). Ability to install flooring for specific users such as dancers or performers. 3. Auto-Oriented Use Categories a. Commercial Vehicle Repair or Maintenance Repair, installation, or maintenance of the mechanical components or the bodies of large trucks, mass transit vehicles, large construction equipment, or commercial boats. i. In addition to the review criteria for all Special Permits specified in §15.2.1.e. Review Criteria, the review board shall make findings considering the following in its discretion to approve or deny a special permit authorizing a Vehicle Repair or Maintenance principal use: a). Location of driveways entrances and access points in relation to the safety of pedestrians, bicyclists, and motor vehicles. b). Visual impact and quality of screening of vehicles.