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Accessory Uses
(a) Permitted and required accessory uses shall be on the same lot of record as the principal use to which they are accessory and shall be such as not to alter the character of the premises on which it is located.

(b) No accessory use or uses within a building other than an accessory garage shall occupy more than a combined total of 25% of the floor area of the principal building.

(c) No residential accessory structure/building shall occupy part of the required Front Yard, but such building may occupy not more than 30% of any other minimum required yard setback or existing yard area, whichever is greater; in addition, no residential accessory building facade shall exceed 30 feet in length.

(d) No part of a residential accessory building shall be located nearer than five feet to any side or rear lot line nor:
1. Be more than 12 feet in height in the case of a flat roof, or 18 feet in height in the case of a pitched roof.
2. Be more than one story. In the case of an attic floor, such attic floor shall not exceed the dimensional limitation of the half-story definition.
3. Exceed 12 feet in height, where the pitch of the roof shall begin at the top plate of the exterior wall (gable ends are not considered as part of the wall height).
4. Extend above the plane created by using a 1:1 ratio (45 degrees), with the plane starting at a line located five feet from any property line and at a height of 12' extending up and into the property.
 
(e) Commercial accessory parking structures shall comply with all other applicable sections of this code. In addition, commercial accessory parking structures may occupy more than 30% of any other minimum required yard setback or existing yard area, provided that no more than 30% of said yard area is occupied by the parts of said parking structure extending above the finished grade of the lot.

(f) No accessory use shall be permitted in any district except insofar as it is accessory to a principal use permitted in the district.

(g) Swimming pools. See § 155-4.03(g) for detailed information.

(h) Accessory structures fronting on a public street or way shall be subject to the Front Yard Setback requirements of the district in which it is located.
Cladding Materials
Discouraged exterior cladding materials.
The following materials shall be highly discouraged from use as exterior cladding in all Mixed-Use projects (Residential and Commercial) along all commercial corridors:
  • Vinyl Siding
  • Aluminum Clapboard Siding
  • Asphalt Panel Siding
  • Exterior Insulation Finishing System (EIFS)
Corner Visibility Required corner clearance for visibility.
In any district where a street yard setback is required, no structure, fence, planting or sign shall be maintained between a plane of two and one-half (2-1/2) feet above curb level and a plane seven feet above curb level as to interfere with traffic visibility across the corner within a triangle bounded by the street lot lines and a straight line drawn between points on each such lot line 25 feet from the intersection of said lot lines or extension thereof. In districts where no street yard setback is required, the City Ordinances, Chapter 8, § 22 shall apply.
Design Guidelines Intent and Purpose.
Design Guidelines have been adopted to address the design of new buildings along the major corridors and Watertown and Coolidge Squares. They are intended to enhance building, parking and the public realm interface, focusing on the following four principles.

(1) ECONOMIC VITALITY:
Watertown's Design Guidelines were created to enhance the economic vitality of selected commercial areas through attractive, consistent design. By following these Guidelines, each project will complement another, resulting in a cohesive development over time. The Guidelines were developed specifically to provide direction for the design of new infill development in commercial areas. The goal is not to limit creativity, but rather to recognize potential for architectural diversity while adhering to the overarching principles contained herein. They intend to define expectations for new development while allowing for flexibility and fostering high quality design.

(2) HISTORIC PRESERVATION:
rban regeneration means more than simply building a new; historic preservation is an effective economic development strategy. The reuse and regeneration of existing buildings should be encouraged in addition to new development as they provide a direct connection to Watertown's past. Existing buildings that have retained cultural or architectural significance can form the basis for economic development and growth.

(3) DESIGN AESTHETIC:
he Design Guidelines cannot depict every possible building configuration on each site. Rather, a prototypical building footprint is shown in a manner that accommodates many conditions that emerge on a project site. The massing is general enough that it can contain a range of uses, but specific enough to highlight the critical areas of concern. Even when closely following these guidelines, each project will take its own form that will differ from the example shown. A singular design aesthetic in Watertown is neither viable nor desirable.

(4) ENVIRONMENTAL PERFORMANCE:
ew development comes with the obligation to implement sustainable design and construction practices that incorporate technological innovation and green building practices and ecological site design. Development will strive to address the highest sustainable and ecological principles, using advanced green technologies and materials, and promoting high-performance buildings. Stormwater management practices must prevent flooding and erosion, and protect the health of the Charles River and local streams and ponds, using green infrastructure approaches where feasible. New buildings should be constructed with local, low-embodied energy materials and constructed with the highest standards for environmental sustainability.
Dimensional Regulations
Applicability of dimensional regulations.
(a) The regulations for each district pertaining to the size and dimensions of the lot and of the buildings thereon and to the placement of the buildings and of accessory uses on the lot shall be as specified in Article V: Tables of District Regulations, subject to further provisions of § 4.08: Applicability of dimensional regulations, § 4.09: Exceptions to lot size regulations, § 4.10: Exceptions to height regulations, § 4.11: Exceptions to setback requirements, and § 4.12: Required corner clearance for visibility.

(b) The lot or yard areas required for any building or use shall not include any part of a lot that is required by any other building or use to comply with any requirements of the Zoning Ordinance.

(c) No lot, or buildings or structures thereon, shall be changed in size or shape so as to violate the provisions of this Zoning Ordinance, except that where there are two or more existing detached dwellings on a single lot, the lot may be divided into as many lots as there are dwellings, provided each lot complies with the requirements of § 4.09: Exceptions to lot size regulations.

(d)Land or structures used for religious or educational purposes, as defined by Chapter 40A, Section 3 of the General Laws of Massachusetts, shall be subject to the same regulations concerning the bulk or height of structures, yard sizes, lot area, setbacks, open space, parking, and building coverage as those required under any provision of this Zoning Ordinance regulating the foregoing conditions for the district within which the use is proposed.
Exterior Lighting Standards
The following section lays out Exterior Lighting Standards for any residential development of four or greater residential units, and all non-residential and Mixed-Use projects.
(1) The light source shall be Light Emitting Diode, metal halide or high pressure sodium. Mercury vapor and low pressure sodium are prohibited. Other sources may be considered, particularly for decorative, flush mounted or recessed luminaires.
(2) Pole-mount or wall-pack luminaires shall be "shoe-box" type or decorative in nature (with interior directional shields), consistent with the architectural theme of the development. Area, Flood, and Up- lighting is strictly prohibited.
(3) All luminaires, regardless of their intended use, mounting height, or configuration shall have a total cutoff of all light at less than 90 degrees from vertical. Luminaires with a drop lens are prohibited.
(4) Reflectors and shielding shall provide total cutoff of all measurable light at the property lines of the parcel to be developed.
(5) Developments that abut residential areas or are visible from public roadways shall not utilize parking lot lights exceeding 20'-0" in height (base + pole + head).
(6) Developments that do not abut residential areas shall not utilize parking lot lights exceeding 25'-0" in height (base + pole + head).
(7) Developments with parking garages that use pole mounted fixtures to illuminate the upper-most level of parking shall not use lights exceeding 20'-0" in height (base + pole + head).
(8) Lights utilized for walkway lighting shall not exceed 12'-0" in height (base + pole + head).
(9) The location of on-building mounted wall-pack luminaires shall not exceed 20'-0" in height. Decorative on-building mounted fixtures may be used to illuminate balconies or similar amenities above 20'-0" in height.
(10) All luminaires except for Walkway Accent Lighting and Emergency Egress Lighting shall be equipped with a mechanism such that they will deactivate and turn off not more than two hours after the stated closing time, and in all cases, shall deactivate during daylight hours. Excluded from the requirement to deactivate not more than two hours after the stated closing time are any luminaires used in residential developments, or exclusively for the residential portion of Mixed Use projects.
Height Regulations
The limitations of height in feet shall not apply to necessary features usually carried above roofs of buildings, but not used for living purposes, such as water tanks, satellite dishes, chimneys, ventilation systems, bulkheads, aerials, church towers or spires, elevator penthouses, solar arrays, and reception antennas for the use of the occupants of the building. If visible, rooftop ventilation systems shall be visually screened in a manner compatible with the architectural language of the building. Screening of rooftop features shall also be excluded from the calculation of building height. Such features exceeding the height permitted in the district by 15 feet or more shall be allowed only by special permit. Wireless telecommunications facilities are subject to the requirements in § 5.14: Religious/School Building Overlay District (R/SOD).

Additional height consistent with the adopted Design Guidelines may be granted by Special Permit where public amenities are provided in the following four instances, however in no case shall the additional height granted be more than two stories:
1. At important civic intersections and squares.
2. When defining or terminating important view corridors.
3. When the height of adjacent buildings exceeds those allowed as-of-right.
4. When additional approved public amenities have been incorporated.
Lot Size
Lots having lesser area or frontage than the minimum required for the district in Article V: Tables of District Regulations and shown on any plan duly recorded by deed or plan at the Registry of Deeds prior to the date of adoption of this Zoning Ordinance, may be used for detached single family dwellings otherwise permitted in the district, subject to the Special Permit provisions of § 9.04: Application and hearing procedures for special permits and variances, § 9.05: Special permit: conditions for approval and § 9.09: Limited approval of special permit of the Zoning Ordinance. The applicable dimensions for yards and building and impervious coverage of § 5.04: Table of Dimensional Regulations shall apply.
Non-Conforming Uses
Continuance of non-conforming use.
Any non-conforming building, structure or use which existed at the time of passage of the applicable provision of this Zoning Ordinance or any prior Zoning By-law or of any amendment thereto may be continued subject to the provisions of § 4.06: Alteration of non-conforming uses and buildings/structures and § 4.07: Reconstruction of a non-conforming building after catastrophe or may be changed to be conforming.

Alteration of non-conforming uses and buildings/structures.
(a) Except as hereinafter provided, this Zoning Ordinance shall not apply to structure or uses lawfully in existence or lawfully begun, or to a building permit or special permit issued before the first publication of notice of the public hearing of the Planning Board on such ordinance required by § 9.22, but shall apply to any change or substantial extension of such use, to a building or special permit issued after the first notice of said public hearing, to any reconstruction, extension or structural change of such structure and to any alteration of a structure begun after the first notice of said public hearing to provide for its use or a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent except where the alteration, reconstruction, extension or structural change to a single or two family residential structure or building does not increase the non-conforming nature of said structure or building and does not further violate any other applicable provisions of this Zoning Ordinance. Pre-existing non-conforming uses may be changed or extended and pre-existing non-conforming structures or buildings may also be extended as provided by Massachusetts General Laws Chapter 40A, Section 6, provided that no such change, extension, structural change or alteration shall be permitted unless there is a Special Permit Finding by the Board of Appeals that such change, extension or alteration shall not be substantially more detrimental than the existing non-conforming use, structure or building to the neighborhood;

(b) Notwithstanding subsection (a) above, a non-conforming single or two family residential structure may be altered, reconstructed, extended or changed if the proposed alteration, reconstruction, extension or change complies with the Table of Dimensional Regulations (§ 5.04: Table of Dimensional Regulations).

(c) A nonconforming building, structure or use may be extended, altered or changed to make it conform with the provisions of this Zoning Ordinance.

(d) A nonconforming building, structure or use may be extended, altered or changed as may be ordered by the Inspector of Buildings to make it safe in accordance with § 121 of the State Building Code.

(e) A non-conforming use may be replaced by another non-conforming use, at least as restricted in Article V as the existing use, subject to the Board of Appeals finding as provided in subsection (a), above.

(f) Where a non-conforming use has been changed to a more restricted use, it shall not again be changed to a less restricted use.

(g) A non-conforming use of a building or land which has been abandoned for a period of two years shall not thereafter be returned to such non-conforming use. A non-conforming use shall be considered abandoned when the intent of the owner to discontinue the use is apparent or when the premises have been vacant for two years or when the characteristic equipment and/or furnishings of the non-conforming use have been removed from the premises and have not been replaced by similar equipment, whichever shall first occur.
 
Reconstruction of a non-conforming building after catastrophe.
If a non-conforming building or use shall have been damaged by fire, explosion or other catastrophe, such building may be rebuilt or restored and used again subject to the following provisions:
(a) No non-conformity shall be increased in area or degree of non-conformity beyond the state existing prior to the catastrophe, as determined by the Zoning Enforcement Officer, subject to the provisions of § 155-4.06(a);

(b) Such reconstruction or restoration shall commence within twelve months of such catastrophe unless the Board of Appeals shall extend such period.
Non-Residential Development, New
New non-residential development may be subject to an affordable housing linkage fee under § 155-5.07(c).
Overhanging Shrubs or Evergreens
For purposes of public safety and to facilitate snow removal, shrubs or evergreens from any public or private parcel shall not be allowed to intrude onto public sidewalks more than six inches, except above a height of eight feet.
Prohibited Uses
The following uses shall be prohibited in all districts:
(a) Any trade, industry, or other use that is noxious, offensive, or hazardous by reason of vibration or noise or the emission of odors, dust, gas, fumes, smoke, cinders, flashing or excessively bright light, refuse matter, or of any other cause;

(b) Any use hazardous to the health, safety, and general welfare because of danger of flooding, inadequacy of drainage or inaccessibility to firefighting apparatus or other protective services;

(c) Any advertising sign or device, except as permitted under Article VII: Signs and Illumination.
Regulation of Soil Removal or Ledge
In no district shall any sod, loam, gravel, sand or quarried stone be removed from a lot, except when incidental to and in connection with the construction of a building or a parking or loading area for which a permit has been issued, except in an Industrial district by special permit. The foregoing shall not prohibit the replacement of existing sod or loam by fresh sod or loam for landscaping purposes.
If ledge is to be removed when incidental to and in connection with a By-Right project using a vehicle-mounted hydraulic jackhammer or rock breaker, then a Community Meeting in accordance with WZO § 9.03: Site plan review of certain residential and non-residential developments will be held prior to any such removal, to discuss the extent of the removal, methods to be utilized, the timing and duration of such work. The meeting will then be followed by a letter to abutters with the agreed upon process, unless the removal is determined by the Director of the Department of Community Development & Planning, in writing, to be less than a significant quantity.
Sale of Products on Public Rights of Way
The open display of foods or other products on public rights of way for purposes of display or sale may be allowed only upon the issuance of a Special Permit by the Board of Appeals.
Screening
All outdoor storage of merchandise or commodities (including motor vehicles) shall be screened from any lot which is in a residence district by a strip at least four feet wide, densely planted with shrubs or trees which are of a type that may be expected to form a year-round dense screen at least six feet high within three years, or by an opaque wall, barrier or uniform fence at least five feet high, but not more than eight feet above finished grade. Such screening shall be maintained in good condition at all times. Such screening or barrier may be interrupted by normal entrances or exits, and shall have no signs hung or attached thereto other than those permitted in the district. In the event that a Special Permit or Site Plan Review approval is required, the Board of Appeals may impose greater Screening requirements than those set forth in this section if it determines that additional Screening is necessary or appropriate
Setback Requirements
Exceptions to setback requirements.
(a) Cornices, eaves, attached chimneys, and bay windows projecting no more than two feet shall be permitted. Exterior uncovered stairways, covered and uncovered (but not enclosed, glazed, or screened) entrance porticoes, stoops, vestibules, bulkheads, first floor open-air porches, and cantilevered balconies are permitted as long as they project no more than four feet into any setback. Also, bays less than or equal to 20% of the total facade abutting the Build- to Line are permitted to project into the Build-to-Line Setback by four feet. Enclosed decks and porches, attached carports, covered walks and the like shall not be exempted from Setback requirements, except as provided in § 155-4.03(c) and § 155-4.03(d). Further, in all residential districts air conditioning equipment/structures and similar equipment/structures shall be permitted within the required side yard setback if said equipment or structure is no less than five feet from the property line of the abutting property.

(b) No use other than landscaping outdoor dining, public art, sidewalks, multi-use paths, and permitted signs shall be permitted in the front yard of any lot subject to the provisions of § 6.03: Required off-street loading spaces and Article VII: Signs and Illumination. Parking within the front yard is expressly prohibited.

(c) No use other than landscaping and accessory parking of not more than three cars is permitted within a required side or rear yard in any residence district except as provided in § 4.12: Required corner clearance for visibility unless screened as provided in § 4.14: Screening and subject to the provisions of § 155-6.02(k). In LB, CB and I districts, required side and rear yards may be used for any permitted outdoor accessory use, subject to the provisions of Article VI: Automotive and Bicycle Parking Requirements and Article VII: Signs and Illumination.

(d) Exceptions to build-to-line Requirements.
A build-to-line may be increased as specified below for purposes of amenities such as a plaza, square, courtyard, recessed entrance, sidewalk, multi-use path, raised terrace, facade offsets pursuant to § 155-5.05(f) or outdoor dining, but not intended for automobile use.

For components of a project in keeping with the adopted Design Guidelines, an increased Build-to Line may be required by the SPGA or requested by an applicant if it is found that the strict adherence to the Build-to-Line is inconsistent with adopted Design Guidelines and development pattern, as determined by the SPGA or is required pursuant to 155-5.05(f).

The Build-to Line may allow for averaging a building's setback from the property line to accommodate changes in building facade and irregular property boundaries, but no area of a building shall encroach by more than 10% of the required setback.

(e) Exceptions to Side Yard Setback Requirements. Developments in the NB, LB, CB, I-1, I-2, I-3, RMUD, and PSCD Districts may be contiguous on a block: zero lot line and/or shared party wall. Corner lots may be developed with two front yards with yards determined by the Zoning Enforcement Officer.