Overlay districts

Within each of the districts as designated in subsection 301, there may be overlay districts which are set forth herein due to certain unique natural characteristics and conditions and special areas of the city which require additional regulations, as specified herein, to meet the purposes of this ordinance. Overlay districts are designed to impose supplementary requirements and do not in any manner supersede or replace any requirements of the underlying district. The intent, purposes, and zoning map designations of the overlay districts are as follows:

302.1. Overlay district—Institutional-health care (IH). Properties mapped in accordance with subsection 303 of this ordinance and so designated to provide for health care facilities such as hospitals (including teaching hospitals). Specific institutional-health care overlay district regulations are found in subsection 306 of this ordinance.

302.2. Overlay district—Institutional-educational (IE). Properties mapped in accordance with subsection 303 of this ordinance and so designated to provide for educational facilities, such as colleges, universities, vocational institutions, professional training schools and the like, but not including private and public schools that provide compulsory education such as grammar schools, junior high and high schools. Specific institutional-educational overlay district regulations are found in subsection 307 of this ordinance.

302.3. Planned district residential overlay (PDR) and planned district residential - limited overlay (PDR-L). Properties mapped in accordance with subsection 303 of this ordinance and so designated to allow two-family and multiple-family developments. It is generally intended that PDR and PDR-L overlay districts be combined with or limited to the underlying and corresponding residential districts: A-40, A-15, A-10, and A-7. PDR and PDR-L overlay districts may also be permitted in underlying office and general business districts. In these cases, the residential density and dimensional requirements shall be the same as the A-7 district. Specific PDR and PDR-L overlay district regulations are found in subsection 308 of this ordinance.

302.4. Planned unit development overlay district (PUD). Properties mapped in accordance with subsection 303 of this ordinance and so designated to allow a mixture of residential and limited commercial uses or industrial and limited commercial uses on the same site for the purpose of promoting flexible site plan layouts and design of appropriate large parcels. The underlying district will generally determine the principal use in a PUD overlay district; for example, a PUD in a residential district will provide a residential type development with a mixture of limited commercial uses, a PUD in an industrial district will provide an industrial type development with a mixture of limited commercial uses. Specific PUD overlay district regulations are found in subsection 309 of this ordinance.

302.5. Flood hazard overlay district (AE, VE). Properties mapped in accordance with subsection 303 of this ordinance and so designated to protect properties and life from natural storms, hurricanes and flood damage. Specific flood hazard overlay district regulations are found in subsection 310 of this ordinance.

302.6. Historic overlay district (H). Properties mapped in accordance with subsection 303 of this ordinance and so designated due to the historic, architectural or archaeological character of the structure or site or due to a wider historical significance to a neighborhood within the city. Specific historic overlay district regulations are found in subsection 311 of this ordinance.

302.7. Watershed protection overlay districts. Properties will be mapped in accordance with subsection 303 of this ordinance and so designated to protect environmentally sensitive surface water and groundwater bodies or wetlands. Specific watershed protection overlay district regulations will be found in subsection 312 of this ordinance.

302.8. Groundwater protection overlay districts. (Reserved)

TABLE 1. USE REGULATIONS

The abbreviated terms used in this table shall have the following meanings:

 

Footnotes appear at the end of this table.

The provisions of this ordinance shall not be construed so as to limit or interfere with the construction, installation, operation and maintenance for public utility purposes of water and gas pipes, mains, conduits, electric light and electric power transmission and distribution lines, telephone lines, cable television lines, oil pipe lines, sewer mains, and incidental appurtenances and installations.

Buildings within the district may be constructed, altered, enlarged, or reconstructed for one or more of the uses as listed in the Table of Use Regulations and uses customarily considered accessory to such uses with certain additional location and size requirements:

 

Footnotes:

⁽¹⁾ Subject to all the dimensional requirements in the A-7 district.

⁽²⁾ Subject to the requirements of subsection 502.

⁽³⁾ Eligible for PDR or PDR-L overlay designation, subject to all the requirements for planned district residential (PDR) and (PDR-L) planned district residential - limited in subsection 308.

⁽⁴⁾ Provided that the rooms are offered by an owner-occupant of the dwelling unit and are located in the principal dwelling; that boarders do not have access to separate kitchen facilities; and that the requirements of subsection 601.3 shall govern.

⁽⁵⁾ Provided that raising and keeping of animals and livestock is by an owner-occupant of the property which shall consist of a minimum of five contiguous acres in the same ownership.

⁽⁶⁾ Outdoor storage or overnight parking in excess of five vehicles or in excess of 25 percent of the lot devoted to outdoor storage of equipment or materials accessory to the principal use shall require a special use permit in accordance with subsection 906.

⁽⁷⁾ In addition to required dimensional regulations, permitted and special use permit uses shall require a minimum of 10,000 square feet, with 100 feet of frontage and 100 feet of lot width.

⁽⁸⁾ Any satellite dish antenna as a principal use shall be subject to the requirements of subsections 601.9 and 906.

⁽⁹⁾ Eligible for overlay designation institutional-health care, subject to all the requirements of subsection 306.

⁽¹⁰⁾ Eligible for overlay designation institutional-educational, subject to all the requirements of subsection 307.

⁽¹¹⁾ Retail or display areas within wholesale establishments shall be limited to 1,000 square feet of net floorspace.

⁽¹²⁾ Provided that such use shall have a setback of 200 feet from all residence districts and school buildings.

⁽¹³⁾ Provided that such use shall not interfere with the airport hazard zone.

⁽¹⁴⁾ See Definition 200.76.

^(14a) Subject to all of the requirements of Special Regulations Section 506 Telecommunications Facilities.

^(14b) Vehicle rental agency with on site storage is prohibited.

⁽¹⁵⁾ Telecommunications facilities co-located on existing public properties may be allowed in residential zoning districts only upon approval of the use by the city council.

^(15a) For parcels of ten acres of land or larger only. If the parcel is less than ten acres, then a special use permit is required.

^(15b) Fast food restaurant with drive-through window shall be prohibited.

⁽¹⁶⁾ Any sports or amusement machine or device, whether or not registering a score and whether or not its operation demands skill or chance or both, such as pool tables, billiards tables, video or computer type games, air games, marble machines, mechanical grab machines and all games, operations or transactions similar thereto, whether or not operated by the insertion of a coin, slug, token, plate, or disc, shall be allowed as an accessory use to the principal use of an indoor commercial recreational facility.

^(16a)   Airport related service uses located within the Intermodal zone and directly abutting Pot Road at the time of the effective date of this ordinance [Ordinance No. O-98-44] shall be allowed to expand within the limits of their property and abutting properties held in the same ownership at the time of the effective date of this ordinance [Ordinance No. O-98-44]. For the purposes of this ordinance airport related uses shall be defined in Table 1. Use regulations as #421 gasoline station and #419 vehicle rental agency, which may consist of such accessory uses as vehicle storage, fuel pumps, motor vehicle maintenance, vehicle washing, and sales of rental vehicles.

⁽¹⁷⁾   Special Use Permit required for general office use greater than 3,000 square feet GFA.

⁽¹⁸⁾   No more than one drive thru lane permitted, with a width of 11 feet and a canopy height no less than 10′6″ and no greater than 12 feet. Additional bank machines may be provided for pedestrian walkup access, provided such access is safe for pedestrian circulation.

⁽¹⁹⁾   Special Use Permit required for public gathering hall, theater or auditorium with more than 350 seats.

⁽²⁰⁾   Special Use Permit required for restaurants exceeding 3,000 square feet GFA and restaurants, cafes or other places serving prepared foods that may be served or sold from windows serving the sidewalk, or at tables and chairs outside the establishment. All outdoor seating and serving areas are allowable only by special permit and are subject to approval for use of the public sidewalk and/or right-of-way, if applicable.

⁽²¹⁾   Fast food establishments shall be 2,000 square feet GFA or less, drive thru windows are prohibited. All requirements for serving prepared food from windows serving the sidewalk or tables and chairs outside the establishment shall be as in Footnote (20).

⁽²²⁾   "Big Box" and Retail establishments 10,000 square feet GFA or larger are prohibited.

⁽²³⁾   Subject to planning board approval as a component of a larger mixed-use development within a multistory building. This use is prohibited as a principal use.

⁽²⁴⁾   Allowed as a component of mixed-use development within a multi-story building with this actual use code composing no more that 25 percent of the total gross floor area of the entire building. This use is prohibited as a principal use within a new single story structure. This use may be approved as an interim use within a single story building or structure which was lawfully existing or established prior to January 2012 if approved by the Planning Board in conformance with the CCW design standards and the Zoning Board as a special use permit, if applicable.

⁽²⁵⁾   Allowed within a building that is at least two stories in height. This use may be approved as an interim use within a single story structure which was lawfully existing or established prior to January 2012 subject to approval by the Planning Board in conformance with the CCW design standards.

⁽²⁶⁾   Auto body repair allowed as a component of a new or used vehicle sales development, provided the parcel is at least 3.75 acres in area with frontage on a state road or highway. If the parcel consists of multiple lots, all lots must be dedicated to actual Use Code 505. New or Used Vehicle Sales. The auto body repair facility shall be set back a minimum of 100 feet from all residential or open space zoning districts and shall consist of no more than 20 percent of the total gross floor area of all the buildings on the parcel dedicated to actual use Code 505. This use is prohibited as a principal use.

⁽²⁸⁾   Subject to all applicable review procedure and performance standards outlined in section 509.

⁽²⁹⁾   Allowed only within selected areas of GB district along Route 2 between and including the intersections of West Natick Road and Route 2, and Route 3/Cowesett Road and Route 2.

TABLE 2A. DIMENSIONAL REGULATIONS

 

Footnotes:

⁽¹⁾ Detached single-household residential uses in O and GB districts are subject to the dimensional requirements of the A-7 district. See section 304.5 for dimensional requirements when there are two uses on a single lot.

⁽²⁾ For lots fronting on any street cul-de-sac, both the minimum frontage and lot width shall be at least 80 percent of the requirements.

⁽³⁾ See subsection 304.9 of this ordinance relating to height requirements in the vicinity of Theodore Francis Green Airport.

⁽⁴⁾ On corner lots, the required frontage and width shall be necessary only on one street provided that the second street frontage maintains the minimum of 80 percent of the frontage requirement.

⁽⁵⁾ On corner lots, the rear setback shall conform to the side setback requirements.

Note for all setback requirements: Setbacks shall be measured from the lot line to any building projection and not necessarily the foundation.

TABLE 2B. DIMENSIONAL REGULATIONS

 

Footnotes:

⁽¹⁾ For lots fronting on any street cul-de-sac, both the minimum frontage and lot width shall be at least 80 percent of the requirements.

⁽²⁾ A commercial building or use including an accessory building or use shall be set back a minimum of 40 feet from an abutting residence district, PDR overlay district, residential PUD overlay district, and open space district, where the open space district contains a parcel of land 5,000 square feet or more including wetlands, as defined in subsection 200.146.

⁽³⁾ A commercial building or use including an accessory building or use in an industrial district shall be set back as required in footnote (2) above. An industrial building or use including an accessory building or use shall be set back a minimum of 40 feet from an abutting commercial district. A setback of 100 feet shall be required wherever such industrial building or use abuts any district listed in footnote (2) above.

⁽⁴⁾ On corner lots, the required frontage and width shall be necessary only on one street provided that the second street frontage maintains the minimum of 80 percent of the frontage requirement.

⁽⁵⁾ Also subject to the requirements of subsection 505.

⁽⁶⁾ On corner lots, the rear setback shall conform to the side setback requirements.

Note for all setback requirements: Setbacks shall be measured from the lot line to any building projection and not necessarily the foundation.

(Ord. No. O-96-20, § I, 5-20-96; Ord. No. O-97-18, § I, 8-12-97; Ord. No. O-98-24, §§ I, II, 6-15-98; Ord. No. O-98-36, § I, 10-13-98; Ord. No. O-98-41, § I, 11-16-98; Ord. No. O-98-44, § 1(Exh. A), 12-14-98; Ord. No. O-99-45, § I, 9-27-99; Ord. No. O-09-15, § I, 7-14-09; Ord. No. O-10-19, § I, 10-19-10; Ord. No. O-11-8, § I(Exh. A), 10-20-11; Ord. No. O-12-6, § I(Exh. A), 1-19-12; Ord. No. O-13-10, § I, 6-20-13; Ord. No. O-22-7, § II, 3-22-22; Ord. No. O-23-2, § I, 1-9-23; Ord. No. O-23-4, § II, 2-28-23; Ord. No. O-23-24, § I, 12-20-23; Ord. No. O-25-3, § I, 3-11-25)