Matters ▸ Attachment
Animal Services & Health Care in MR, HR, CC, SB — File 22-1431
136
| SOMERVILLE ZONING ORDINANCE
08/02/22
4. Mid-rise Districts
Mid-Rise 3 (MR3)
4. Mid-rise Districts
Mid-Rise 3 (MR3)
13. 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
4.1.13.
iii. Use categories that are not identified on Table
4.1.13 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. Permitted Use Limitations
i.
Occupancy of a ground story commercial space
fronting a pedestrian street is permitted as
specified in parentheses the second column on
Table 4.1.13 Permitted Uses.
a). Unless otherwise specified, only services
associated with personal grooming such
as barbers, hair salons, nail salons, or their
substantial equivalents are permitted from the
Personal Services use category.
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, Fitness Services, or Health
Care Services use to occupy a ground story
commercial space fronting a pedestrian street:
i). The maintenance of a diverse blend of
commercial uses within the neighborhood.
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. Increases in Density
i.
Existing structures may not be altered to conflict
with number of dwelling units permitted for each
building type.
Table 4.1.13 Permitted Uses
Use Category
Specific Use
1
2
Arts & Creative Enterprise
Artisanal Production
P
P
Arts Exhibition
P
P
Arts Sales & Services
P
P
Co-working
P
P
Design Services
P
P
Shared Workspaces & Arts Education
P
P
Auto-Oriented
Recharging Station
P
N
Cannabis Establishment
Cannabis Cultivation
P
N
Cannabis Retail Sales
SP
SP
Cannabis Research & Development
P
N
Cannabis Testing Laboratory
P
N
Civic & Institutional
Community Center
P
P
Hospital
SP
N
Library
P
P
Minor Utility Facility
SP
N
Museum
P
P
Private Non-Profit Club or Lodge
SP
N
Public Service
P
P
Religious & Educational Uses Protected
by M.G.L 40A. Sec 3
P
P
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §4.1.13.b
137
SOMERVILLE ZONING ORDINANCE |
08/02/22
4. Mid-rise Districts
Mid-Rise 3 (MR3)
4. Mid-rise Districts
Mid-Rise 3 (MR3)
Table 4.1.13 Permitted Uses (continued)
Use Category
Specific Use
1
2
Commercial Services
Animal Services (as noted below)
--
--
Commercial Kennel
SP
N
Pet Grooming
P
P
Pet Daycare & Training
P
N
Veterinarian
P
SP
Assembly or Entertainment
SP
N
Banking & Financial Services
(except as follows)
P
N
Personal Credit
SP
N
Broadcast and/or Recording Studio
P
N
Building & Home Repair Services
SP
N
Business Support Services
P
N
Caterer/Wholesale Food Production
SP
N
Day Care Service (as noted below)
--
--
Adult Day Care Center
P
N
Child Day Care Center
P
N
Educational Services
P
N
Maintenance & Repair of Consumer
Goods
P
N
Personal Services (except as follows)
P
P
Body-Art Services
P
P
Fitness Services
P
SP
Funeral Services
SP
N
Health Care Services
P
SP
Recreation Services
SP
SP
Vehicle Parking (as noted below)
--
--
Bike Share Parking
P
N
Car Share Parking (3 or fewer spaces)
P
N
Car Share Parking (4 or more spaces)
P
N
Commercial Parking
P
N
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §4.1.13.b
Table 4.1.13 Permitted Uses (continued)
Use Category
Specific Use
1
2
Food and Beverage Service
Bar/Restaurant/Tavern
P
P
Bakery/Café/Coffee Shop
P
P
Lodging
Bed & Breakfast
SP
N
Hotel or Hostel
SP
N
Office
General Office
P
N
Research and Development or Laboratory
P
N
Residential
Household Living
SP
N
Group Living (except as follows)
SP
N
Community or Group Residence
P
N
Dormitory, Fraternity or Sorority
SP
N
Homeless Shelter
SP
N
Nursing Home/Assisted Living Facility
SP
N
Rooming House
SP
N
Retail Sales
Building/Home Supplies & Equipment
SP
SP
Consumer Goods (except as follows)
P
P
Alcohol Sales
SP
SP
Firearms Sales
N
N
Pet Store
SP
SP
Fresh Food Market or Grocery Store
P
P
Farm/Vendor Market
P
P
Urban Agriculture
Farming (as noted below)
--
--
Commercial Farming
P
N
Community Farming
P
N
Community Gardening
P
N
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §4.1.13.b
138
| SOMERVILLE ZONING ORDINANCE
08/02/22
4. Mid-rise Districts
Mid-Rise 3 (MR3)
4. Mid-rise Districts
Mid-Rise 3 (MR3)
14. 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.
c. Roof-Mounted Mechanicals
i.
Roof-mounted mechanical equipment must be
screened or enclosed within a penthouse.
a). Roof-mounted photovoltaic (PV) devices, solar
thermal systems, and wind power generators
are exempt.
ii.
Roof-mounted mechanical equipment must comply
with all applicable noise standards including, but
not limited to, the Massachusetts Department of
Environmental Protection (MassDEP) noise policy
and the Somerville Noise Control Ordinance.
iii. Roof-mounted mechanical equipment, screening,
and penthouses may exceed the maximum height
permitted for each building type by Special Permit.
a). 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
roof-mounted mechanical equipment,
screening, or a penthouse to exceed the
maximum height permitted for each building
type:
i). Visual impact and aesthetic quality of the
proposed screening or penthouse.
ii). Efforts to reduce any net new shadows
cast upon neighboring lots and structures.
iii). Ventilation and air handling techniques to
reduce the emission of odor or exhaust
toward neighboring lots and structures.
iv). Sound attenuation measures or operational
procedures to mitigate potential noise
impacts to neighboring lots and structures.
iv. The Review Boards shall require an acoustical
report, prepared by a professional acoustical
engineer and including field measurements,
demonstrating compliance with all applicable noise
standards to be submitted to the Building Official
prior to the issuance of a Certificate of Occupancy
as a condition of any Site Plan Approval.
Table 4.1.13 Permitted Uses (continued)
Use Category
Specific Use
1
2
Accessory Uses
Home Occupations (as noted below)
--
--
Creative Studio
N
N
Hobby Kennel
N
N
Home-Based Business
N
N
Home Day Care
N
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
N
N
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §4.1.13.b
164
| SOMERVILLE ZONING ORDINANCE
08/02/22
4. Mid-rise Districts
Mid-Rise 4 (MR4)
164
| SOMERVILLE ZONING ORDINANCE
4. Mid-rise Districts
Mid-Rise 4 (MR4)
13. 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
4.2.13.
iii. Use categories that are not identified on Table
4.2.13 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. Permitted Use Limitations
i.
Occupancy of a ground story commercial space
fronting a pedestrian street is permitted as
specified in parentheses the second column on
Table 4.2.13 Permitted Uses.
a). Unless otherwise specified, only services
associated with personal grooming such
as barbers, hair salons, nail salons, or their
substantial equivalents are permitted from the
Personal Services use category.
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, Fitness Services, or Health
Care Services use to occupy a ground story
commercial space fronting a pedestrian street:
i). The maintenance of a diverse blend of
commercial uses within the neighborhood.
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. Increases in Density
i.
Existing structures may not be altered to conflict
with number of dwelling units permitted for each
building type.1
Table 4.2.13 Permitted Uses
Use Category
Specific Use
1
2
Arts & Creative Enterprise
Artisanal Production
P
P
Arts Exhibition
P
P
Arts Sales & Services
P
P
Co-working
P
P
Design Services
P
P
Shared Workspaces & Arts Education
P
P
Auto-Oriented
Recharging Station
P
N
Cannabis Establishment
Cannabis Cultivation
P
N
Cannabis Retail Sales
SP
SP
Cannabis Research & Development
P
N
Cannabis Testing Laboratory
P
N
Civic & Institutional
Community Center
P
P
Hospital
SP
N
Library
P
P
Minor Utility Facility
SP
N
Museum
P
P
Private Non-Profit Club or Lodge
SP
N
Public Service
P
P
Religious & Educational Uses Protected
by M.G.L. 40A. Sec. 3
P
P
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §4.2.13.b
165
SOMERVILLE ZONING ORDINANCE |
08/02/22
4. Mid-rise Districts
Mid-Rise 4 (MR4)
165
SOMERVILLE ZONING ORDINANCE |
4. Mid-rise Districts
Mid-Rise 4 (MR4)
Table 4.2.13 Permitted Uses (continued)
Use Category
Specific Use
1
2
Commercial Services
Animal Services (as noted below)
--
--
Commercial Kennel
SP
N
Pet Grooming
P
P
Pet Daycare & Training
P
N
Veterinarian
P
SP
Assembly or Entertainment
SP
N
Banking & Financial Services (except as
noted below)
P
N
Personal Credit
SP
N
Broadcast and/or Recording Studio
P
N
Building & Home Repair Services
SP
N
Business Support Services
P
N
Caterer/Wholesale Food Production
SP
N
Day Care Service (as noted below)
--
--
Adult Day Care Center
P
N
Child Day Care Center
P
N
Educational Services
P
N
Maintenance & Repair of Consumer
Goods
P
N
Personal Services (except as noted
below)
P
P
Body-Art Services
P
P
Fitness Services
P
SP
Funeral Services
SP
N
Health Care Services
P
SP
Recreation Services
SP
SP
Vehicle Parking (as noted below)
--
--
Bike Share Parking
P
N
Car Share Parking (3 or fewer spaces)
P
N
Car Share Parking (4 or more spaces)
P
N
Commercial Parking
P
N
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §4.2.13.b
Table 4.2.13 Permitted Uses (continued)
Use Category
Specific Use
1
2
Food and Beverage Service
Bar/Restaurant/Tavern
P
P
Bakery/Café/Coffee Shop
P
P
Lodging
Bed & Breakfast
SP
N
Hotel or Hostel
SP
N
Office
General Office
P
N
Research and Development or Laboratory
P
N
Residential
Household Living
SP
N
Group Living (except as follows)
SP
N
Community or Group Residence
P
N
Dormitory, Fraternity or Sorority
SP
N
Homeless Shelter
SP
N
Nursing Home/Assisted Living Facility
SP
N
Rooming House
SP
N
Retail Sales
Building/Home Supplies & Equipment
SP
SP
Consumer Goods (except as follows)
P
P
Alcohol Sales
SP
SP
Firearms Sales
N
N
Pet Store
SP
SP
Fresh Food Market or Grocery Store
P
P
Farm/Vendor Market
P
P
Urban Agriculture
Farming (as noted below)
--
--
Commercial Farming
P
N
Community Farming
P
N
Community Gardening
P
N
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §4.2.13.b
166
| SOMERVILLE ZONING ORDINANCE
08/02/22
4. Mid-rise Districts
Mid-Rise 4 (MR4)
166
| SOMERVILLE ZONING ORDINANCE
4. Mid-rise Districts
Mid-Rise 4 (MR4)
14. 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.
c. Roof-Mounted Mechanicals
i.
Roof-mounted mechanical equipment must be
screened or enclosed within a penthouse.
a). Roof-mounted photovoltaic (PV) devices, solar
thermal systems, and wind power generators
are exempt.
ii.
Roof-mounted mechanical equipment must comply
with all applicable noise standards including, but
not limited to, the Massachusetts Department of
Environmental Protection (MassDEP) noise policy
and the Somerville Noise Control Ordinance.
iii. Roof-mounted mechanical equipment, screening,
and penthouses may exceed the maximum height
permitted for each building type by Special Permit.
a). 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
roof-mounted mechanical equipment,
screening, or a penthouse to exceed the
maximum height permitted for each building
type:
i). Visual impact and aesthetic quality of the
proposed screening or penthouse.
ii). Efforts to reduce any net new shadows
cast upon neighboring lots and structures.
iii). Ventilation and air handling techniques to
reduce the emission of odor or exhaust
toward neighboring lots and structures.
iv). Sound attenuation measures or operational
procedures to mitigate potential noise
impacts to neighboring lots and structures.
iv. The Review Boards shall require an acoustical
report, prepared by a professional acoustical
engineer and including field measurements,
demonstrating compliance with all applicable noise
standards to be submitted to the Building Official
prior to the issuance of a Certificate of Occupancy
as a condition of any Site Plan Approval.
Table 4.2.13 Permitted Uses (continued)
Use Category
Specific Use
1
2
Accessory Uses
Home Occupations (as noted below)
--
--
Creative Studio
N
N
Hobby Kennel
N
N
Home-Based Business
N
N
Home Day Care
N
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
N
N
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §4.2.13.b
192
| SOMERVILLE ZONING ORDINANCE
08/02/22
4. Mid-rise Districts
Mid-Rise 5 (MR5)
192
| SOMERVILLE ZONING ORDINANCE
4. Mid-rise Districts
Mid-Rise 5 (MR5)
13. 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
4.1 (c).
iii. Use categories not identified on Table 4.3.13 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. Permitted Use Limitations
i.
Occupancy of a ground story commercial space
fronting a pedestrian street is permitted as
specified in parentheses the second column on
Table 4.3.13 Permitted Uses.
a). Unless otherwise specified, only services
associated with personal grooming such
as barbers, hair salons, nail salons, or their
substantial equivalents are permitted from the
Personal Services use category.
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, Fitness Services, or Health
Care Services use to occupy a ground story
commercial space fronting a pedestrian street:
i). The maintenance of a diverse blend of
commercial uses within the neighborhood.
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. Required Uses
i.
A minimum of five percent (5%) of the gross
leasable commercial floor area in any building must
be provided as leasable floor area for uses from the
Arts & Creative Enterprise use category.
d. Increases in Density
i.
Existing structures may not be altered to conflict
with number of dwelling units permitted for each
building type.
Table 4.3.13 Permitted Uses
Use Category
Specific Use
1
2
Arts & Creative Enterprise
Artisanal Production
P
P
Arts Exhibition
P
P
Arts Sales & Services
P
P
Co-working
P
P
Design Services
P
P
Shared Workspaces & Arts Education
P
P
Auto-Oriented
Recharging Station
P
N
Cannabis Establishment
Cannabis Cultivation
P
N
Cannabis Retail Sales
SP
SP
Cannabis Research & Development
P
N
Cannabis Testing Laboratory
P
N
Civic & Institutional
Community Center
P
P
Hospital
SP
N
Library
P
P
Minor Utility Facility
SP
N
Museum
P
P
Private Non-Profit Club or Lodge
SP
N
Public Service
P
P
Religious & Educational Uses Protected
by M.G.L. 40A. Sec. 3
P
P
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §4.3.13.b
193
SOMERVILLE ZONING ORDINANCE |
08/02/22
4. Mid-rise Districts
Mid-Rise 5 (MR5)
193
SOMERVILLE ZONING ORDINANCE |
4. Mid-rise Districts
Mid-Rise 5 (MR5)
Table 4.3.13 Permitted Uses (continued)
Use Category
Specific Use
1
2
Commercial Services
Animal Services (as noted below)
--
--
Commercial Kennel
SP
N
Pet Grooming
P
P
Pet Daycare & Training
P
N
Veterinarian
P
SP
Assembly or Entertainment
SP
N
Banking & Financial Services (except as
noted below)
P
N
Personal Credit
SP
N
Broadcast and/or Recording Studio
P
N
Building & Home Repair Services
SP
N
Business Support Services
P
N
Caterer/Wholesale Food Production
SP
N
Day Care Service (as noted below)
--
--
Adult Day Care Center
P
N
Child Day Care Center
P
N
Educational Services
P
N
Maintenance & Repair of Consumer
Goods
P
N
Personal Services (except as noted
below)
P
P
Body-Art Services
P
P
Fitness Services
P
SP
Funeral Services
SP
N
Health Care Services
P
SP
Recreation Services
SP
SP
Vehicle Parking (as noted below)
--
--
Bike Share Parking
P
N
Car Share Parking (3 or fewer spaces)
P
N
Car Share Parking (4 or more spaces)
P
N
Commercial Parking
P
N
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §4.3.13.b
Table 4.3.13 Permitted Uses (continued)
Use Category
Specific Use
1
2
Food and Beverage Service
Bar/Restaurant/Tavern
P
P
Bakery/Café/Coffee Shop
P
P
Lodging
Bed & Breakfast
SP
N
Hotel or Hostel
SP
N
Office
General Office
P
N
Research and Development or Laboratory
P
N
Residential
Household Living
SP
N
Group Living (except as follows)
SP
N
Community or Group Residence
P
N
Dormitory, Fraternity or Sorority
SP
N
Homeless Shelter
SP
N
Nursing Home/Assisted Living Facility
SP
N
Rooming House
SP
N
Retail Sales
Building/Home Supplies & Equipment
SP
SP
Consumer Goods (except as follows)
P
P
Alcohol Sales
SP
SP
Firearms Sales
N
N
Pet Store
SP
SP
Fresh Food Market or Grocery Store
P
P
Farm/Vendor Market
P
P
Urban Agriculture
Farming (as noted below)
--
--
Commercial Farming
P
N
Community Farming
P
N
Community Gardening
P
N
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §4.3.13.b
194
| SOMERVILLE ZONING ORDINANCE
08/02/22
4. Mid-rise Districts
Mid-Rise 5 (MR5)
194
| SOMERVILLE ZONING ORDINANCE
4. Mid-rise Districts
Mid-Rise 5 (MR5)
14. 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.
c. Roof-Mounted Mechanicals
i.
Roof-mounted mechanical equipment must be
screened or enclosed within a penthouse.
a). Roof-mounted photovoltaic (PV) devices, solar
thermal systems, and wind power generators
are exempt.
ii.
Roof-mounted mechanical equipment must comply
with all applicable noise standards including, but
not limited to, the Massachusetts Department of
Environmental Protection (MassDEP) noise policy
and the Somerville Noise Control Ordinance.
iii. Roof-mounted mechanical equipment, screening,
and penthouses may exceed the maximum height
permitted for each building type by Special Permit.
a). 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
roof-mounted mechanical equipment,
screening, or a penthouse to exceed the
maximum height permitted for each building
type:
i). Visual impact and aesthetic quality of the
proposed screening or penthouse.
ii). Efforts to reduce any net new shadows
cast upon neighboring lots and structures.
iii). Ventilation and air handling techniques to
reduce the emission of odor or exhaust
toward neighboring lots and structures.
iv). Sound attenuation measures or operational
procedures to mitigate potential noise
impacts to neighboring lots and structures.
iv. The Review Boards shall require an acoustical
report, prepared by a professional acoustical
engineer and including field measurements,
demonstrating compliance with all applicable noise
standards to be submitted to the Building Official
prior to the issuance of a Certificate of Occupancy
as a condition of any Site Plan Approval.
Table 4.3.13 Permitted Uses (continued)
Use Category
Specific Use
1
2
Accessory Uses
Home Occupations (as noted below)
--
--
Creative Studio
N
N
Hobby Kennel
N
N
Home-Based Business
N
N
Home Day Care
N
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
N
N
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §4.3.13.b
224
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4. Mid-rise Districts
Mid-Rise 6 (MR6)
4. Mid-rise Districts
Mid-Rise 6 (MR6)
14. 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
4.1.14.
iii. Use categories that are not identified on Table
4.1.14 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. Permitted Use Limitations
i.
Occupancy of a ground story commercial space
fronting a pedestrian street is permitted as
specified in parentheses the second column on
Table 4.4.14 Permitted Uses.
a). Unless otherwise specified, only services
associated with personal grooming such
as barbers, hair salons, nail salons, or their
substantial equivalents are permitted from the
Personal Services use category.
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, Fitness Services, or Health Care
Services specific use to occupy a ground story
commercial space fronting a pedestrian street:
i). The maintenance of a diverse blend of
commercial uses within the neighborhood.
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. Required Uses
i.
A minimum of five percent (5%) of the gross
leasable commercial floor area in any building must
be provided as leasable floor area for uses from the
Arts & Creative Enterprise use category.
d. Increases in Density
i.
Existing structures may not be altered to conflict
with number of dwelling units permitted for each
building type.
Table 4.4.14 Permitted Uses
Use Category
Specific Use
1
2
Arts & Creative Enterprise
Artisanal Production
P
P
Arts Exhibition
P
P
Arts Sales & Services
P
P
Co-Working
P
P
Design Services
P
P
Shared Workspaces & Arts Education
P
P
Auto-Oriented
Recharging Station
P
N
Cannabis Establishment
Cannabis Cultivation
P
N
Cannabis Retail Sales
SP
SP
Cannabis Research & Development
P
N
Cannabis Testing Laboratory
P
N
Civic & Institutional
Community Center
P
P
Hospital
SP
N
Library
P
P
Minor Utility Facility
SP
N
Museum
P
P
Private Non-Profit Club or Lodge
SP
N
Public Service
P
P
Religious & Educational Uses Protected
by M.G.L. 40A. Sec. 3
P
P
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §4.4.14.b
225
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4. Mid-rise Districts
Mid-Rise 6 (MR6)
225
4. Mid-rise Districts
Mid-Rise 6 (MR6)
Table 4.4.14 Permitted Uses (continued)
Use Category
Specific Use
1
2
Commercial Services
Animal Services (as noted below)
--
--
Commercial Kennel
SP
N
Pet Grooming
P
P
Pet Daycare & Training
P
N
Veterinarian
P
SP
Assembly or Entertainment
SP
N
Banking & Financial Services (except as
noted below)
P
N
Personal Credit
SP
N
Broadcast and/or Recording Studio
P
N
Building & Home Repair Services
SP
N
Business Support Services
P
N
Caterer/Wholesale Food Production
SP
N
Day Care Service (as noted below)
--
--
Adult Day Care Center
P
N
Child Day Care Center
P
N
Educational Services
P
N
Maintenance & Repair of Consumer
Goods
P
N
Personal Services (except as noted
below)
P
P
Body-Art Services
P
P
Fitness Services
P
SP
Funeral Services
SP
N
Health Care Services
P
SP
Recreation Services
SP
SP
Vehicle Parking (as noted below)
--
--
Bike Share Parking
P
N
Car Share Parking (3 or fewer spaces)
P
N
Car Share Parking (4 or more spaces)
P
N
Commercial Parking
P
N
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §4.4.14.b
Table 4.4.14 Permitted Uses (continued)
Use Category
Specific Use
1
2
Food and Beverage Service
Bar/Restaurant/Tavern
P
P
Bakery/Café/Coffee Shop
P
P
Lodging
Bed & Breakfast
SP
N
Hotel or Hostel
SP
N
Office
General Office
P
N
Research and Development or Laboratory
P
N
Residential
Household Living
SP
N
Group Living (except as follows)
SP
N
Community or Group Residence
P
N
Dormitory, Fraternity or Sorority
SP
N
Homeless Shelter
SP
N
Nursing Home/Assisted Living Facility
SP
N
Rooming House
SP
N
Retail Sales
Building/Home Supplies & Equipment
SP
SP
Consumer Goods (except as follows)
P
P
Alcohol Sales
SP
SP
Firearms Sales
N
N
Pet Store
SP
SP
Fresh Food Market or Grocery Store
P
P
Farm/Vendor Market
P
P
Urban Agriculture
Farming (as noted below)
--
--
Commercial Farming
P
N
Community Farming
P
N
Community Gardening
P
N
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §4.4.14.b
226
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4. Mid-rise Districts
Mid-Rise 6 (MR6)
4. Mid-rise Districts
Mid-Rise 6 (MR6)
15. 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.
c. Roof-Mounted Mechanicals
i.
Roof-mounted mechanical equipment must be
screened or enclosed within a penthouse.
a). Roof-mounted photovoltaic (PV) devices, solar
thermal systems, and wind power generators
are exempt.
ii.
Roof-mounted mechanical equipment must comply
with all applicable noise standards including, but
not limited to, the Massachusetts Department of
Environmental Protection (MassDEP) noise policy
and the Somerville Noise Control Ordinance.
iii. Roof-mounted mechanical equipment, screening,
and penthouses may exceed the maximum height
permitted for each building type by Special Permit.
a). 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
roof-mounted mechanical equipment,
screening, or a penthouse to exceed the
maximum height permitted for each building
type:
i). Visual impact and aesthetic quality of the
proposed screening or penthouse.
ii). Efforts to reduce any net new shadows
cast upon neighboring lots and structures.
iii). Ventilation and air handling techniques to
reduce the emission of odor or exhaust
toward neighboring lots and structures.
iv). Sound attenuation measures or operational
procedures to mitigate potential noise
impacts to neighboring lots and structures.
iv. The Review Boards shall require an acoustical
report, prepared by a professional acoustical
engineer and including field measurements,
demonstrating compliance with all applicable noise
standards to be submitted to the Building Official
prior to the issuance of a Certificate of Occupancy
as a condition of any Site Plan Approval.
Table 4.4.14 Permitted Uses (continued)
Use Category
Specific Use
1
2
Accessory Uses
Home Occupations (as noted below)
--
--
Creative Studio
N
N
Hobby Kennel
N
N
Home-Based Business
N
N
Home Day Care
N
N
Home Office
P
N
Urban Agriculture (as noted below)
--
--
Apiculture
P
N
Aviculture
P
N
Commercial Farming
P
N
Residential Gardening
P
N
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §4.4.14.b
5. High-rise Districts
High-Rise (HR)
262
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15. Use Provisions
a. Permitted Uses
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
5.1.15.
iii. Use categories that are not identified on Table
5.1.15 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. Permitted Use Limitations
i.
Occupancy of a ground story commercial space
fronting a pedestrian street is permitted as
specified in parentheses the second column on
Table 5.1.15 Permitted Uses.
a). Unless otherwise specified, only services
associated with personal grooming such
as barbers, hair salons, nail salons, or their
substantial equivalents are permitted from the
Personal Services use category.
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, Fitness Services, or Health
Care Services use to occupy a ground story
commercial space fronting a pedestrian street:
i). The maintenance of a diverse blend of
commercial uses within the neighborhood.
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. Required Uses
i.
A minimum of five percent (5%) of the gross
leasable commercial floor space in any building
must be provided as leasable floor area for uses
from the Arts & Creative Enterprise use category.
Table 5.1.15 Permitted Uses
Use Category
Specific Use
Arts & Creative Enterprise
Artisanal Production
P
P
Arts Exhibition
P
P
Arts Sales & Services
P
P
Co-working
P
P
Design Services
P
P
Shared Workspaces & Arts Education
P
P
Auto-Oriented
Recharging Station
P
N
Cannabis Establishment
Cannabis Cultivation
P
N
Cannabis Retail Sales
SP
SP
Cannabis Research & Development
P
N
Cannabis Testing Laboratory
P
N
Civic & Institutional
Community Center
P
P
Hospital
SP
N
Library
P
P
Minor Utility Facility
SP
N
Museum
P
P
Private Non-Profit Club or Lodge
SP
N
Public Service
P
P
Religious & Educational Uses Protected
by M.G.L. 40A. Sec. 3
P
P
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §5.1.15.b
5. High-rise Districts
High-Rise (HR)
263
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Table 5.1.15 Permitted Uses (continued)
Use Category
Specific Use
Food and Beverage Service
Bar, Restaurant, or Tavern
P
P
Bakery/Café/Coffee Shop
P
P
Lodging
Bed & Breakfast
SP
N
Hotel or Hostel
SP
N
Office
General Office
P
N
Research and Development or Laboratory
P
N
Residential
Household Living
SP
N
Group Living (except as follows)
SP
N
Community or Group Residence
P
N
Dormitory or Chapter House
SP
N
Homeless Shelter
SP
N
Nursing Home/Assisted Living Facility
SP
N
Rooming House
SP
N
Retail Sales
Building/Home Supplies & Equipment
SP
SP
Consumer Goods (except as follows)
P
P
Alcohol Sales
SP
SP
Firearms Sales
N
N
Pet Store
SP
SP
Fresh Food Market or Grocery Store
P
P
Farm/Vendor Market
P
P
Urban Agriculture
Farming (as noted below)
--
--
Commercial Farming
P
N
Community Farming
P
N
Community Gardening
P
N
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §5.1.15.b
Table 5.1.15 Permitted Uses (continued)
Use Category
Specific Use
Commercial Services
Animal Services (as noted below)
--
--
Commercial Kennel
SP
N
Pet Grooming
P
P
Pet Daycare & Training
P
N
Veterinarian
P
SP
Assembly or Entertainment
SP
N
Banking & Financial Services (except as
follows)
P
N
Personal Credit
SP
N
Broadcast and/or Recording Studio
P
N
Building & Home Repair Services
SP
N
Business Support Services
P
N
Caterer/Wholesale Food Production
SP
N
Day Care Service (as noted below)
--
--
Adult Day Care Center
P
N
Child Day Care Center
P
N
Educational Services
P
N
Maintenance & Repair of Consumer
Goods
P
N
Personal Services (except as follows)
P
P
Body-Art Services
P
P
Fitness Services
P
SP
Funeral Services
SP
N
Health Care Services
P
SP
Recreation Services
SP
SP
Vehicle Parking (as noted below)
--
--
Bike Share Parking
P
N
Car Share Parking (3 or fewer spaces)
P
N
Car Share Parking (4 or more spaces)
P
N
Commercial Parking
P
N
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §5.1.15.b
5. High-rise Districts
High-Rise (HR)
264
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16. Development Standards
a. General
i.
Development is subject to 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.
c. Roof-Mounted Mechanicals
i.
Roof mounted mechanical equipment must be
screened or enclosed within a rooftop penthouse.
a). Roof-mounted photovoltaic (PV) devices, solar
thermal systems, and wind power generators
are exempt.
Table 5.1.15 Permitted Uses (continued)
Use Category
Specific Use
Accessory Uses
Home Occupations (as noted below)
--
--
Home Office
P
N
Urban Agriculture (as noted below)
--
--
Apiculture
P
N
Aviculture
P
N
Commercial Farming
P
N
Residential Gardening
P
N
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §5.1.15.b
6.0 Commercial Districts
Commercial Core (CC)
309
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13. 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 according to as specified in the first
column on Table 6.2.13.
iii. Use categories that are not identified on Table
6.2.13 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.
vi. Use categories that are not identified on Table
6.2.13 are prohibited.
b. Permitted Use Limitations
i.
Occupancy of a ground story commercial space
fronting a pedestrian street is permitted as
specified in parentheses the second column on
Table 6.1213 Permitted Uses.
a). Unless otherwise specified, only services
associated with personal grooming such
as barbers, hair salons, nail salons, or their
substantial equivalents are permitted from the
Personal Services use category.
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, Fitness Services, or Health
Care Services use to occupy a ground story
commercial space fronting a pedestrian street:
i). The maintenance of a diverse blend of
commercial uses within the neighborhood.
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. Required Uses
i.
A minimum of five percent (5%) of the gross
commercial leasable floor area in any building must
be provided as leasable floor area for uses from the
Arts & Creative Enterprise use category.
Table 6.2.13 Permitted Uses
Use Category
Specific Use
1
2
Arts & Creative Enterprise
Artisanal Production
P
P
Arts Exhibition
P
P
Arts Sales & Services
P
P
Co-Working
P
P
Design Services
P
P
Shared Workspaces & Arts Education
P
P
Auto-Oriented
Recharging Station
P
N
Cannabis Establishment
Cannabis Cultivation
P
N
Cannabis Retail Sales
SP
SP
Cannabis Research & Development
P
N
Cannabis Testing Laboratory
P
N
Civic & Institutional
Community Center
P
P
Hospital
SP
N
Library
P
P
Minor Utility Facility
SP
N
Museum
P
P
Private Non-Profit Club or Lodge
SP
N
Public Service
P
P
Religious & Educational Uses Protected
by M.G.L. 40A. Sec. 3
P
P
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §6.2.13.b
6.0 Commercial Districts
Commercial Core (CC)
310
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Table 6.2.13 Permitted Uses (continued)
Use Category
Specific Use
1
2
Commercial Services
Animal Services (as noted below)
--
--
Commercial Kennel
SP
N
Pet Grooming
P
P
Pet Daycare & Training
P
N
Veterinarian
P
SP
Assembly or Entertainment
SP
N
Banking & Financial Services (except as
follows
P
N
Personal Credit
SP
N
Broadcast and/or Recording Studio
P
N
Building & Home Repair Services
SP
N
Business Support Services
P
N
Caterer/Wholesale Food Production
SP
N
Day Care Service (as noted below)
--
--
Adult Day Care Center
P
N
Child Day Care Center
P
N
Educational Services
P
N
Maintenance & Repair of Consumer
Goods
P
N
Personal Services (except as noted
below)
P
P
Body-Art Services
P
P
Fitness Services
P
SP
Funeral Services
SP
N
Health Care Services
P
SP
Recreation Services
SP
SP
Vehicle Parking (as noted below)
--
--
Bike Share Parking
P
N
Car Share Parking (3 or fewer spaces)
P
N
Car Share Parking (4 or more spaces)
P
N
Commercial Parking
P
N
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §6.2.13.b
Table 6.2.13 Permitted Uses (continued)
Use Category
Specific Use
1
2
Food and Beverage Service
Bar/Restaurant/Tavern
P
P
Bakery/Café/Coffee Shop
P
P
Lodging
Bed & Breakfast
SP
N
Hotel or Hostel
SP
N
Office
General Office
P
N
Research and Development or Laboratory
P
N
Retail Sales
Building/Home Supplies & Equipment
SP
SP
Consumer Goods (except as follows)
P
P
Alcohol Sales
SP
SP
Firearms Sales
N
N
Pet Store
SP
SP
Fresh Food Market or Grocery Store
P
P
Farm/Vendor Market
P
P
Urban Agriculture
Farming (as noted below)
--
--
Commercial Farming
P
N
Community Farming
P
N
Community Gardening
P
N
Accessory Uses
Urban Agriculture (as noted below)
--
--
Commercial Farming
P
N
P - Permitted SP - Special Permit Required N - Not Permitted
(P or SP) - Permitted as specified per §6.2.13.b
389
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8. Overlay Districts
Small Business (SB)
8.2
SMALL BUSINESS (SB)
1. Intent
a. To implement recommendations of SomerVision for
commercial development.
b. To create, maintain, and enhance locations appropriate
for neighborhood- and community-serving businesses.
2. Purpose
a. To permit neighborhood- and community-serving
commercial uses providing for the frequently recurring
needs of local residents for real property in underlying
residential districts.
b. To use discretion in permitting the occupancy of
commercial spaces over five thousand (5,000) square
feet in leasable floor area for real property in underlying
residential districts.
c. To require multiple ground story commercial spaces
for real property in underlying mid-rise, high-rise, and
commercial districts.
3. Applicability
a. The section is applicable to all real property within the
Small Business overlay district as shown on the maps
of the Official Zoning Atlas of the City of Somerville.
b. The provisions of this Section supplement or
supersede the provisions of the districts upon which it
is superimposed.
c. Where the provisions of this Section conflict with
those found elsewhere in this Ordinance, the
provisions of this Section apply.
4. Neighborhood Residence & Urban Residence
a. Applicability
i.
This section is applicable to the establishment,
change, or expansion of the use of real property.
ii.
Development may comply with all of the applicable
provisions of this Section in lieu of complying with
those same provisions of the underlying zoning
district.
b. Use Provisions
i.
Use categories are permitted as specified on Table
8.2.4 (a) in addition to the use categories permitted
by the underlying zoning district.
a). 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). The existing concentration of the same
uses within the neighborhood.
ii). The availability of the same services within
the neighborhood.
iii). The availability of comparable commercial
spaces within the neighborhood.
ii.
Occupancy of any commercial space over five
thousand (5,000) square feet in leasable floor area
by any permitted use requires a Special Permit.
a). 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
occupancy of a commercial space over five
thousand (5,000) square feet in leasable floor
area by any permitted use specified on Table
8.2.4:
i). Compatibility with the intensity of activity
associated with the surrounding land uses.
ii). Capacity of the local thoroughfare network
providing access to the site and the impact
on pedestrian, bicycle, and vehicular
traffic and circulation patterns in the
neighborhood.
c. Parking & Mobility
i.
Vehicular parking must be provided as specified on
Table 8.2.4 (b), except as follows:
a). Non-residential uses with five thousand (5,000)
square feet or less of gross leasable floor area
are exempt from any minimum requirements
of 8.2.4 (b).
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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.
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9. Use Provisions
Use Definitions & Standards
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 minor utility principal
use:
a). Need for a facility at the proposed site taking
into consideration the proximity of the area of
service of the utility.
b). Visual impact and quality of screening from
abutting thoroughfares and surrounding
properties.
c). Impact and mitigation of offensive noise,
vibration, smoke, dust or other particulate
matter, heat, humidity, glare or other
objectionable effects.
d). Location of access for servicing the facility.
e. Major Utility Facility
Infrastructure services that have substantial land use
impacts on surrounding areas. Typical uses include but
are not limited to water and wastewater treatment
facilities, major water storage facilities and electric
generation plants.
f.
Museum
A repository for a collection or collections of historical,
natural, scientific, or literary objects of interest. The
following standards apply:
i.
Ancillary sales and the holding of meetings and
social events are permitted.
g. Private Non-Profit Club or Lodge
An organization, which is open to people upon
invitation, nomination, or payment of fees or dues for
social, recreational, or entertainment activities. The
following standards apply:
i.
A non-profit club or lodge must be managed by
an association with elected officers and directors,
pursuant to a charter or bylaws, that generally
excludes the general public from its premises, and
which holds property for the common benefit of its
members.
ii.
A non-profit club or lodge may serve meals or
alcohol on the premises for members and their
guests.
iii. A non-profit club or lodge must be open only to
members and their occasional guests.
iv. A non-profit club or lodge may use one central
gathering area for rental for events or community
activities, including the service of meals or alcohol,
but such rentals and activities may not exceed
eighty (80) events per year and may not continue
past 1:00 AM Friday, Saturday, and Sunday nights
and 12:00 AM Monday through Thursday nights.
v.
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 private, non-profit club
or lodge principal use:
a). Compatibility with the level of activity
associated with the surrounding properties.
b). Location of access to the site and building.
c). Impact and mitigation of the production of
offensive noise and light.
d). Location of trash and recycling storage and the
procedure for pickup.
h. Public Service
Essential public services provided to the community
at large including municipal operations of the City of
Somerville, such as departmental offices, social service
facilities, and public works facilities; public safety
services, such as police and firefighting headquarters
and substations; and civic spaces.
i.
Religious & Educational Services Protected by M.G.L.
40A. Sec. 3
Activities related to providing general or specialized
education, instruction, or training in subject areas,
skills, or vocations and the practice of religions,
including all accessory and ancillary activities
customarily included in the operations of educational
institutions and religious organizations. The following
standards apply:
i.
Real property must be owned or leased by the
Commonwealth of Massachusetts, a religious sect
or denomination, or by a non-profit educational
corporation.
6. Commercial Services Use Categories
a. Animal Services
Any of the following: (1) grooming of dogs, cats,
and similar small animals, including dog bathing and
clipping salons and pet grooming shops; (2) animal
shelters, care services, and kennel services for dogs,
cats and small animals, including boarding kennels,
pet resorts/hotels, dog training centers, and animal
rescue shelters excluding those operated by the City of
Somerville; (3) animal hospitals or veterinary services;
(4) household pet crematory services; or (5) taxidermy
services.
i.
Commercial Kennel: animal rescue shelters,
boarding facilities, pet resorts or hotels, or training
services for dogs, cats, and other household pets.
a). 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
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Use Definitions & Standards
approve or deny a special permit authorizing a
commercial kennel principal use:
i). Methods or techniques for noise
mitigation used to limit noise and odors
for other users of the building and abutting
properties.
ii). Operational procedures for cleaning the
interior and exterior of the site and trash
storage and removal and disposal of animal
waste.
iii). Amount of on-site landscaping.
ii.
Pet Grooming: The grooming of dogs, cats, and
similar household pets.
iii. Pet Day Care or Training: kennel and/or training
centers for animals operated on a daytime-only
basis. The following standards apply:
a). Overnight boarding of animals is prohibited.
a). 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
pet day care or training principal use:
i). Methods or techniques to limit noise for
other users of the building and abutting
properties.
ii). Operational procedures for cleaning the
interior and exterior of the site and trash
storage and removal.
iii). Amount of on-site landscaping.
iv. Veterinarian: the diagnosis and treatment of
animal patients’ illnesses, injuries, and physical
malfunctions performed in an office setting. The
following standards apply:
a). Overnight boarding of animals is limited to
patients recovering from medical procedures.
a). 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 principal use:
i). Methods or techniques for noise mitigation
to limit noise for other users of the building
and abutting properties.
ii). Operational procedures for cleaning the
interior and exterior of the site and trash
storage and removal.
iii). Amount of on-site landscaping.
b. Assembly or Entertainment
Uses that provide gathering places for participant
or spectator recreation, entertainment, or other
assembly activities including, but not limited to, a
theater, cinema, and/or venue of a professional or
semi-professional sports team. The following standards
apply:
i.
Assembly and entertainment uses may provide
incidental food or beverage service for on-site
consumption.
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 Assembly or
Entertainment principal use:
a). Compatibility with the level of activity
associated with the surrounding properties.
b). Location of designated outdoor smoking areas.
c. Banking or Financial Services
Uses related to the exchange, lending, borrowing,
and safe-keeping of money. The following banking
& financial service specific use types are regulated
differently than other uses classified within the banking
& financial services category:
i.
Personal Credit: Banking uses providing short-term
loans and check cashing services without providing
traditional banking accounts.
a). 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
personal credit principal use:
i). The demonstrated need for this service by
un-banked or under-banked members of
the community.
ii). Cost savings, transparency of services,
and customer service offered compared to
traditional banking & financial service uses.
d. Broadcast or Recording Studio
Uses that provide studios for audio or video
production, recording, filming, or broadcasting of
radio or television programs over-the-air, cable, or
satellite. Telecommunications transmission towers are
regulated according to the provisions of §6.C. Wireless
Communication Structures
e. Building or Home Repair Services
Uses that provide maintenance and repair services for
all structural and mechanical elements of structures, as
well as the exterior spaces of a premise. Typical uses
include janitorial, landscape maintenance, exterminator,
plumbing, electrical, HVAC, window cleaning, and
similar services.
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