[Amended 4-28-2014 ATM by Art. 23]
The general purpose of Village Center Overlay District (VCOD)
is to maintain character and enhance vitality in Chelmsford's traditional
village center. These regulations are established to promote sustainable
mixed-use development as appropriate in the VCOD, in order that future
development will be compatible with the historic settlement patterns,
traditional architecture, and landscape character. These regulations
are intended to create strong relationships between building forms,
civic spaces, and streetscape design which are integrated, connected
and complementary. The VCOD regulations are intended to:
A.
Facilitate the development of an appropriate mix of uses within the
context of a traditional pedestrian-oriented development pattern;
B.
Create a safe, accessible, convenient, attractive and highly functional
environment that meets the needs of local residents and visitors as
a place to live, work, recreate, socialize, and obtain necessary goods
and services;
C.
Coordinate the safe circulation and access of private vehicles, public
transit, bicycles, and pedestrians through a network of streets, sidewalks
and paths connecting neighborhoods, employment centers, open spaces,
and areas of activity within the VCOD;
D.
Protect and expand opportunities for small locally owned businesses
and other entrepreneurial activity that primarily but not exclusively
serves local neighborhoods and surrounding community; and
E.
Encourage flexibility and variety in future development while ensuring
preservation of and compatibility with historic fabric.
The Village Center Overlay District is identified on the Town of Chelmsford Official Zoning Map in § 195-3 of the Zoning Bylaw which is available at the Town of Chelmsford Community Development Department, and is on file at the Town Clerk's Office.
A.
General application. The Village Center Overlay District (VCOD) is
hereby established as an overlay district and is applicable to the
CV, CC, CD, RC, RB and P Zoning Districts as identified within the
VCOD on the Official Zoning Map. Projects are allowed within the VCOD
that would not otherwise be allowed in the underlying zoning district,
and as such VCOD projects must satisfy the standards defined in this
article and may be permitted by right or by special permit, with restrictions
and conditions, when certain thresholds are met as defined below.
B.
Relationship with the Community Enhancement and Investment Overlay District (CEIOD). Properties located within the VCOD are not eligible for permitting within the CEIOD, Article XXI.
C.
Relationship with other zoning provisions. Unless specifically modified by the requirements for the VCOD, all other zoning provisions of the Chelmsford Zoning Bylaw, Chapter 195, shall remain in full force and effect and shall neither be modified, repealed nor amended by this article. This includes, but is not limited to, Article XI, Major Business Complexes; Article XIII, Wireless Communications Facilities; Article XIV, Aquifer Protection District; and Article XV, Floodplain District. Where the VCOD provisions are silent on a zoning rule or regulation, the requirements of the underlying district shall apply, unless another interpretation was clearly intended. See § 195-130 for procedural requirements.
D.
Residential projects or four or more units, including increasing an existing project by four or more residential units, or a conversion of other uses to a residential use with four or more units, are subject to the requirements of Article XXIII, Inclusionary Housing Bylaw, as applicable.
[Added 10-19-2015 ATM
by Art. 17]
A.
Table of uses. The existing Use Regulation Schedule (Chapter 195, Attachment 1) of the Chelmsford Zoning Bylaw shall be applicable to VCOD projects within the underlying zoning districts. Where a VCOD project requires a special permit under the Use Regulation Schedule, the Planning Board shall be the special permit granting authority.
B.
VCOD projects allowed by right. A project will be allowed by right
with an approved site plan if it meets all of the following criteria
(as applicable):
(1)
The project will alter or change a preexisting, nonconforming use or structure, but will not increase the nonconforming nature of the use or structure, as provided in § 195-8 of the Zoning Bylaw.
(2)
The project involves a change of use from one use category to
another, but the gross square footage of the new use does not exceed
the original use.
(3)
The project is within 50% compliance, if located within the underlying CV district, or 80% compliance, if located outside the underlying CV district, with parking ratio standards as provided in § 195-17.
(4)
The project involves a conversion of existing gross square footage
from a nonresidential use to an exclusively residential use, and does
not include more than eight dwelling units.
(5)
The total project building area does not exceed 10,000 gross
square feet.
(6)
The project does not include more than two primary structures
on a lot.
(7)
The project involves the new construction of four or fewer residential
units.
C.
VCOD projects requiring a special permit. A project requires a special
permit with an approved site plan if it meets any of the following
criteria (as applicable):
(1)
The project will alter or change a preexisting, nonconforming use or structure, and will increase the nonconforming nature of the use or structure, as provided in § 195-8 of the Zoning Bylaw.
(2)
The project involves more than 10,000 gross square feet of total
development.
(3)
The project involves a conversion of existing gross square footage
from a nonresidential use to a residential use which exceeds eight
new dwelling units.
(4)
The project includes more than two primary structures on a lot.
(5)
The project involves the new construction of five or more residential
units.
D.
Residential dwelling unit performance standards. Within the VCOD,
residential housing is permitted per Tables 1 and 2.[1] All dwelling units shall comply with the following minimum
net floor area requirements, measured as living area, unless the Planning
Board authorizes a reduction by special permit.
(1)
Studio unit: 500 square feet.
(2)
One-bedroom unit: 700 square feet.
(3)
Two-bedroom unit: 900 square feet.
(4)
Three-bedroom unit: 1,200 square feet.
[1]
Editor's Note: Tables 1 and 2 are included as attachments to this chapter.
E.
Frontage zones and ground floor limitations. The VCOD map includes
frontage zones which are the contiguous land area along the primary
public streets within the underlying CV district. Buildings fronting
and oriented toward these streets are targeted for commercial and
mixed commercial/residential use. These properties shall have a ground
floor limitation (See diagram below.) allowing only commercial uses
permitted by right or special permit to occupy the ground floor area.
Residential uses shall not occupy the ground floor of a building in
the portion of said building within the first 40 feet of lot depth
measured from the public street right-of-way. Residential and other
uses allowed in the underlying zoning district may be located in the
upper floors within the frontage zone and at ground level at more
than 40 feet in lot depth and outside the frontage zone. Street entrances
may be allowed to residential uses above the ground floor within the
frontage zone or at the side or rear of the building beyond the frontage
zone.
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Example Frontage Zone and Commercial Ground Floor Limitation
Diagram
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The purpose of the frontage zone and ground floor limitations
is to maintain and preserve the commercial character and opportunity
along designated public street corridors within the Center Village
Zoning District.
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F.
Property fronting on Beaver Brook. In accordance with the Center
Village Master Plan Report, dated December 3, 2013, public access
to Beaver Brook is deemed a public interest and a high priority. As
such, properties with frontage on Beaver Brook shall be required to
set back all new buildings and parking a minimum of 35 feet from the
top of the bank, as defined in the Massachusetts Wetlands Protection
Act[2] and its regulations. In exchange for providing a public benefit the applicant shall receive a benefit of a residential unit and/or commercial square-foot build-out bonus, beyond the by-right and special permit project thresholds in § 195-124B and C as applicable, may be granted by the Planning Board under the following conditions:
(1)
Up to 25% if an easement for public use is granted to the Town
a width of 25 feet from the top of the bank.
(2)
In addition to Subsection F(1) above, up to an additional 25% if a multipurpose pathway is constructed, by the applicant, within the easement, a minimum width of 12 feet and of an acceptable base and surface material.
[2]
Editor's Note: See MGL c. 131, §§ 40 and 40A.
G.
Bruce Freeman Trail frontage. All new development or redevelopment
on properties abutting the Bruce Freeman Trail shall provide direct
access to the trail for those using the property. If a public easement
and clear passage is granted to the Town a width of eight feet from
the public street right-of-way to the Bruce Freeman Trail right-of-way,
a density bonus of 10% for all commercial and residential development
allowed by right or special permit in the VCOD may be granted by the
Planning Board. The Planning Board may also waive any of the above
requirements.
A.
Permitted building and lot types. These standards primarily regulate
the way that buildings in the VCOD are placed and oriented on their
lots to positively address and complement other buildings as well
as streets and civic spaces. There are seven permitted building and
lot types as identified below:
(1)
Small mixed-use building (maximum of 10,000 G.F.A of combined
commercial and residential use).
(2)
Medium mixed-use building (maximum of 20,000 G.F.A. combined
commercial and residential use).
(3)
Commercial building.
(4)
Live/work unit.
(5)
Rowhouse or townhouse.
(6)
Multifamily building.
(7)
Community building and spaces.
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Specific building and lot types and standards applicable to
projects under the VCOD are defined in Tables 1 and 2[1] and indicate the building and site types permitted with a short description of the intent, applicable underlying zoning districts, and dimensional and design standards for each. These tables are applicable only to the VCOD and displace Chapter 195, Attachment 2. Character examples are provided for each building type for illustrative purposes only. See Figure 1[2] for diagrams that illustrate lot placement terminology. Except as noted, parking spaces are to be provided on street, to the rear of the lot, or as otherwise provided in § 195-126 below.
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[1]
Editor's Note: Tables 1 and 2 are included as attachments to this chapter.
[2]
Editor's Note: Figure 1 is included as an attachment to this chapter.
B.
Building and lot requirements terminology. Table 2 contains a range of building and lot dimensions and design requirements, some of which are not included on the Table of Dimensional Requirements (Chapter 195, Attachment 2) which are defined below:
(1)
Side-street yard for corner lots: minimum length (in feet) between
the side-street lot line and the foundation line of an allowed building.
(2)
Build-to-zone: the minimum and maximum distance (in feet) in
which the outermost foundation of a primary building is permitted
to sit, as measured from the back of the front yard and side-street
yard lines.
(3)
Build-to-zone occupancy: the percentage of the build-to-zone
that the primary facade is required to occupy. The minimum percentage
of building frontage required to be located in the build-to-zone is
typically increased along streets where a consistent building face
is important in creating an inviting pedestrian environment by enclosing
the street and providing an attractive streetscape.
(4)
Front parking setback: the minimum length (in feet) to the rear of a street-facing primary building facade that any form of vehicle parking is permitted to locate. For specific requirements regarding the placement of parking, refer to § 195-126.
(6)
Open space on site: the minimum and maximum percentage of lot in open space use. See § 195-129 below.
(7)
Permitted open space types: See Section 7.0 of the Chelmsford
Design Guidelines and Standards.
(8)
Finished ground floor elevation: height (in inches) that the
ground floor at the front-facing entry must be above finished grade
within the build-to-zone.
(9)
Ground floor height: height (in feet, floor-to-floor) of the
ground floor of the main body of a building.
(10)
Upper floor height: height (in feet, floor-to-floor) of any
non-ground floor of the main body of a building.
(11)
Roof pitch: indicates the range of roof pitches (rise/run in
inches) permitted.
(12)
Ground floor transparency: the percentage of a building's ground
floor facade that must be glazed within the build-to-zone.
(13)
Upper floor transparency: the percentage of a building's upper
floors that must be glazed within the build-to-zone.
(14)
Front wall offset: a break in the length of a front wall where
a segment of the building facade is articulated into a specified depth
and length from the main facade. The purpose of this offset is to
reduce the scale of the building and add visual interest.
(15)
Maximum entry spacing. The length (in feet) between a building
and an adjacent building's main body entrance.
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See Figure 1[3] for diagrams that illustrate building placement terminology.
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[3]
Editor's Note: Figure 1 is included as an attachment to this chapter.
C.
Use of yards and setbacks. Active uses of setback areas in the VCOD
shall be permitted for pedestrian access, outdoor accessory uses,
or to facilitate access to rear of the lot for parking and loading.
Site plans shall demonstrate that the setback area accomplishes these
objectives and creates an inviting environment for pedestrians.
(1)
Outdoor activity zones. Outdoor activities, such as dining or
pocket parks, shall be allowed and encouraged in setback areas where
applicable as accessory uses. Outdoor areas shall be attractively
designed and furnished to enhance the pedestrian environment. Outdoor
areas may be extended onto the public sidewalk with a special permit
from the Planning Board. Where outdoor dining is located on a public
sidewalk, a minimum of six feet of unobstructed passage shall be provided
for pedestrian use.
(2)
Outdoor display. Outdoor display of products available for sale
shall be permitted in association with any permitted nonresidential
principal ground floor use in accordance with the following provisions:
(a)
Outdoor display shall occupy no more than 30% of the horizontal
length of the building facade.
(b)
Outdoor display may be located within the street yard setback
area.
(c)
Outdoor display may be located on a public sidewalk with a special
permit from the special permit granting authority. Where located on
a public sidewalk, the display area shall be located within six feet
of the primary building, and a minimum of six feet of unobstructed
passage shall be provided for pedestrian use.
(d)
Outdoor display shall be removed and placed inside a fully enclosed
building at the end of each business day.
(e)
Outdoor display shall require the approval of the Historic District
Commission as applicable.
D.
Permitted building element encroachments.
(1)
Protruding building elements in the public R-O-W. Allowable
protruding building elements include awnings, marquees, balconies,
terraces, and projecting signs. These building structures are allowed
to protrude up to four feet past the property line into the public
right-of-way provided that they are not in conflict with parking and
travel lanes, street trees, and other streetscape furnishings. All
awnings, marquees, open air balconies, and associated projecting signs
shall be a minimum of eight feet above the ground. (Additional permits
may be required from the Town of Chelmsford.)
(2)
Front porches. Front porches may extend into the front yard
setback. Partial walls, screened areas, and railings on porches that
extend into the street yard may be no higher than 42 inches. Fully
enclosed porches are not permitted in the front yard. Porches must
remain set back at least five feet from a public street right-of-way.
(3)
Stoops. Stoops may extend into front yard setbacks up to the
public street right-of-way provided their upper platform is no higher
than 42 inches above the sidewalk.
A.
Applicability. The existing parking standards in Article V shall remain applicable unless otherwise indicated below.
B.
Parking placement. The location of parking shall be consistent with
the following requirements:
(1)
On-site parking placement. On-site parking placement shall be
provided in accordance with the requirements of Table 1,[1] permitted building and lot standards in § 195-125 above for the applicable building and lot type.
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
(2)
Parking in front yard area/nonresidential and mixed use. As
an exception, parking may be allowed by special permit from the Planning
Board in the front yard under the following conditions:
(a)
Where not provided within the public street right-of-way, parallel
or angled parking may be provided on a privately owned lot directly
adjacent to the public street right-of-way.
(b)
Parking shall be in combination with a five-foot planting strip
(minimum) with street trees planted 40 feet on center; and a five-foot
minimum concrete sidewalk connecting/extending to abutting lots and
to the primary building on site.
(c)
A public easement shall be provided to the Town for use of the
internal sidewalk on private property.
C.
Minimum off-street parking requirements. Within the underlying Center Village Zoning District, required parking shall be reduced by 20% per § 195-98.3A. A special permit may be granted by the Planning Board for a total reduction not to exceed 50%. All other parking within the VCOD shall comply with the standards and requirements of this bylaw and Article V except for the following exceptions:
[Amended 6-21-2021 ATM by Art. 37]
(1)
Multifamily dwelling units parking requirement: one space per
studio unit, 1.5 spaces per one-bedroom unit, two spaces per unit
with two or more bedrooms; plus one visitor space for every five units.
(2)
Age-restricted dwelling unit parking requirement: 1.5 spaces
per unit, except that for an assisted living facility, there shall
be an average of 0.5 space per unit; plus one visitor space for every
five units.
D.
Curb cut access and management.
(1)
Number of access drives. No more than one access drive to a
public street shall be allowed per parcel. Where a parcel is located
at the corner of two public streets, access to the secondary or side
street shall be required where feasible. The Planning Board may consider
allowing up to two access drives per parcel through site plan review.
(2)
Common access drives. Common driveways are permitted in the
VCOD and are highly encouraged.
(3)
Internal access to public ways. All VCOD developments shall
demonstrate to the Planning Board a safe means of pedestrian, bicycle
and vehicular ingress and egress from and to a public street, sidewalk
or an adjoining site where applicable.
(4)
Internal access to adjoining lots. Internal access between adjoining
lots is permitted in the VCOD and is highly encouraged. Where shared
access is combined with shared parking between adjoining properties,
buffer requirements between the lots are waived for the purpose of
designing the parking lot shared internal circulation and shared use.
The intent of this section is to enhancement the pedestrian experience and provide buffers where necessary in the VCOD through landscape and streetscape design that may include, but is not limited to: planting of trees; pedestrian furnishings; and landscaped areas that provide a coordinated transition between public and private space. The landscaping requirements of this section supersede the requirements under Article IX and apply specifically to the VCOD. The Planning Board may further reduce the below standards by special permit.
B.
Transitional buffers. The following transitional buffer requirements
apply along a perimeter lot line of the VCOD that abuts a residential
zoning district. These requirements may be waived and/or or reduced
by the Planning Board.
(1)
A required transitional buffer must be located within the outer
perimeter of the lot, parallel to and extending to the property boundary
line and must be provided along the entire frontage immediately abutting
the property line.
(2)
The width of the buffer strip is determined exclusive of any
required setback; however, the required buffer may be located wholly
or partially within a required setback.
(3)
The parking of vehicles and the placement of buildings is not
allowed in a required buffer. All required setbacks apply.
(4)
No building may be located closer than 10 feet to a required
buffer.
(5)
Breaks for pedestrian and vehicle access are allowed subject
to approval by the Planning Board.
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Transitional Buffer Standards
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Depth (minimum)
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20 feet
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Wall Height (minimum)
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6 feet
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Shade trees (minimum per 100 feet)
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5
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Understory trees (minimum per 100 feet)
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4
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Shrubs (minimum per 100 feet)
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40
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Shrub height (minimum)
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4 feet
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(6)
Buffer walls must be constructed of high quality materials,
including one or a combination of the following: decorative blocks;
brick; stone; cast-stone; split-faced block; stucco over standard
concrete masonry blocks; glass block; or other material approved by
the Planning Board.
(7)
In the transitional buffer, 50% of required trees must be locally
adapted evergreen species. Shrubs must be evergreen and be of a species
that under typical conditions can be expected to reach a height and
spread of four feet within three years of planting. All shrubs must
be a minimum of 18 inches tall when planted.
The following elements of the development proposal shall be
consistent with the Chelmsford's Planning Board Design Guidelines.
A.
Building and site design standards: Sections 3.0 to 4.4, 4.6 and
5.0 and 6.0 as applicable.
B.
Lighting. Outdoor site lighting shall primarily be used to provide
safety and secondarily to accent key building and landscape features.
Light fixtures shall be designed as an integral element of site design
and may be expressed through style, material or color. All lighting
fixtures designed or placed to illuminate any portion of a VCOD project
shall meet the requirements of the Chelmsford Design Guidelines and
Standards Section 4.5.
D.
Building systems: Section 4.8.
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Roof-/wall-/ground-mounted equipment: must be screened (not
visible) from the ground level view from adjacent property or adjacent
public street right-of-way. New buildings must provide a parapet wall
or other architectural element that screens roof-mounted equipment
from ground level view. Wall-mounted equipment cannot be located on
any surface that directly faces a public right-of-way.
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E.
Fences and walls. Walls and fences located outside of a required
buffer must be closed and be constructed of high quality materials,
including one or a combination of the following: wood, composite fencing;
wrought iron, PVC vinyl; or other material approved by the Planning
Board.
F.
Utilities and services. Existing aboveground utility lines and poles
shall be buried underground, or moved behind buildings where practical.
All new electrical and communication utilities in VCOD projects shall
be placed underground.
A.
Intent. The intent of these standards is to provide for a combination
of viable public and private open spaces and civic gathering areas
that benefit the community and enhance the pedestrian experience in
Chelmsford's Village Centers. Public and private civic spaces are
meant to be spaces available for the use of the property's residents
or customers.
B.
Civic and open space types. Specific public and private open space
types are allowed within the VCOD as identified in Section 7 of the
Chelmsford Design Guidelines and Standards, and are intended for the
gathering of people for passive or active recreation, entertainment,
and organized communal activities.
C.
Open space requirements. Individual property owners shall utilize
a minimum of 5% of their lot to civic or open space in one of the
types identified in Section 7 of the Chelmsford Design Guidelines
and Standards. Two or more property owners within the VCOD may create
a joint civic or open space as long as the dedicated space is accessible
to the public and amounts to a minimum of 5% of the land area of all
the properties involved.
B.
Alternative compliance. In order to encourage creativity, diversity, and best practices for public and private design and development in the VCOD, the Planning Board may waive, modify or vary standards for building and lot types, parking, landscaping, and open and civic space types as set forth in this bylaw. The granting of any alternative compliance waiver shall be based upon a finding by the Planning Board that the proposed alternative will be generally consistent with the purpose and intent statements in § 195-121 of this bylaw, as well as the general and supplemental special permit criteria in § 195-131 below.
The invalidity of any section or provision of this article shall
not invalidate any other section or provision thereof.
