An amendment to the Zoning Ordinance of the City of Cambridge in the Central Square Overlay District

AN ORDINANCE

In amendment to the Ordinance entitled “Zoning Ordinance of the City of Cambridge.” That the text of the Central Square Restoration Zoning Petition be amended as follows: In Article 2.000 Definitions to create the following definition: Formula Business.

An individual Retail or Consumer Service establishment that is required by virtue of a contract, franchise agreement, ownership or other similar legal obligation to conform or substantially conform to a set of common design and operating features that serve to identify the establishment as one of a group of establishments for business, marketing and public relations purposes.

Specifically, an establishment shall be considered a Formula Business if it shares at least two (2) of the following three (3) characteristics with ten (10) or more other establishments in Massachusetts or with twenty (20) or more other establishments: Trademark, service mark or logo, defined as a word, phrase, symbol, or design or combination thereof that identifies and distinguishes the source of the goods or services from others; Standardized building architecture including but not limited to façade design and signage; Standardized color scheme used throughout the exterior of the establishment, including color associated with signs and logos.

Amend Article 20.300 Central Square Overlay District as follows:

In Section 20.304.3, amend Paragraph 1 and create Paragraphs 4 through 7 (retaining current Paragraphs 2 and 3) to read as follows: 20.304.3 Floor Area Ratio Limitation. The maximum floor area ratio Floor Area Ratio (FAR) limitations established in the applicable base zoning district shall continue to apply to any lot in the Central Square Overlay District unless specifically modified by the following provisions: As Of Right Limitation.

The maximum as of right FAR shall be 3.0 in the Office 3 base zoning district for Residential Uses, Section 4.31 a-h, and 2.0 for all other uses; 4.0 for all Residential uses in the Business B base zoning district; and 2.0 in the Residence C-3 and Residence C-2A base zoning districts. [current Paragraphs 2 and 3 not included in Petition Text]

Additional FAR for Residential Uses

Upon issuance of a special permit, the Planning Board may increase the allowed FAR on any lot or portion of a lot located within the Business B (BB) portion of the Central Square Overlay District to a total FAR of 4.00 for all non-residential and residential uses combined, notwithstanding the Rules for Calculation of Permitted Gross Floor Area on a Lot as set forth in Section 5.30.12, provided that the maximum FAR permitted for non-residential uses on a lot shall not exceed the limitation on non-residential FAR applicable in the base zoning district and that the proposed FAR of all non-residential uses on the lot shall not exceed the proposed FAR of all residential uses on the lot. 5.

FAR Exemption for Residential Balconies

Notwithstanding any other provision of this Zoning Ordinance, the Gross Floor Area of balconies, porches, stoops, or mezzanines on any floor of a structure that are accessory to residential uses and not exceeding six (6) feet in depth measured back from the adjacent wall plane of a building shall be exempted from the calculation of Gross Floor Area permitted on the applicable lot. Also, terraces that are created by stepping back the upper floors of a building, provided that they are open to the sky and a minimum of eight (8) feet in depth measured from the façade of the story beneath, shall be exempted from the calculation of Gross Floor Area permitted on the lot. 6.

FAR Exemption for Rooftop Spaces

Notwithstanding any other provisions of this Zoning Ordinance, the Gross Floor Area of open-air spaces on the roofs of buildings, such as roof gardens, terraces, walk ways, including open or enclosed egresses, covered Staircase head-houses, or observation spaces shall be exempted from Gross Floor Area and FAR limitations upon the granting of a special permit by the Planning Board.

In granting the special permit, the Planning Board must find that the proposed rooftop spaces have been located and designed to minimize impacts on neighboring uses, including but not limited to light trespass, noise or other nuisance, and may place further conditions on the design or operational aspects of spaces exempted pursuant to this Paragraph, including but not limited to hours of operation, range of activities permitted, signage and lighting fixtures, visual screening devices, sound mitigation, or other measures to ensure ongoing compliance with the Board’s finding.

7.

FAR Exemption for Ground Floor Retail

Retail spaces of 1,500 square feet or less shall be excluded from the calculation of floor area ratio. Amend Section 20.304.4 by adding a Paragraph 2 (with current text becoming Paragraph 1) to read as follows: 20.304.4 Waiver of Setback and Open Space Requirements. Yard Setbacks. Upon issuance of a special permit from the Planning Board the yard requirements of a base zoning district may be waived except where such yard abuts a lot, but not a public way, outside the Overlay District.

However, in waiving or reducing a front yard setback, the Planning Board shall take into account the width of the adjacent public sidewalk and may limit the reduction of the setback in order to provide additional sidewalk width within the front yard setback where appropriate, taking into account applicable City standards and expected pedestrian traffic on the street. Private Open Space.

Open Space shall be provided as required in the Base Zoning District, however the Planning Board may allow, by Special Permit, the reduction of required Open Space, and permit such Open Space to be located at levels other than at grade if the applicant can demonstrate that the urban design objectives as set forth in the Central Square Overlay District can be met.

In Section 20.304.5, amend Paragraph 3 by deleting current Subparagraph (a), renumbering current Subparagraph (b) to (a) and amending the text, and creating new Subparagraph (b); and create Paragraph 4 (retaining current Paragraphs 1 and 2) to read as follows: 20.304.5. Use Limitations and Restrictions. In addition to the use regulations applicable in each base zoning district the following use restrictions and limitations shall apply in the Central Square

Overlay District:

[current Paragraphs 1 and 2 not included in Petition Text] Restricted Uses. a. In the Central Square Overlay District, an establishment where alcoholic beverages are consumed and where dancing and entertainment is provided, dance hall or similar place of entertainment (Section 4.35g) shall be permitted by right if the principal public entrance or entrances are directly from Massachusetts Avenue, Prospect Street between

Massachusetts Avenue and Bishop Allen Drive, or Main Street, or by Special Permit