Agenda Summary
title
An ordinance amending the Somerville Zoning Ordinance to establish the Upzoning Overlay (UO) District at Davis Square, Porter Square, and Ball Square.
body
Official Text
CITY OF SOMERVILLE, MASSACHUSETTS
IN THE YEAR TWO THOUSAND TWENTY-SIX
ORDINANCE NO. 26-____
AN ORDINANCE AMENDING THE SOMERVILLE ZONING ORDINANCE TO ESTABLISH THE UPZONING OVERLAY (UO) DISTRICT AT DAVIS SQUARE, PORTER SQUARE, AND BALL SQUARE
Applicable in the Neighborhood Residence zoning district
Be it ordained by the City Council of the City of Somerville, in accordance with M.G.L. c. 40A, §5 and §15.6.2 of the Somerville Zoning Ordinance, as follows:
SECTION 1.
Article 8, Overlay Districts, of the Somerville Zoning Ordinance is hereby amended by inserting, after §8.4 Master Planned Development (MPD), a new §8.5 Upzoning Overlay (UO), set forth in full in Attachment A to this Ordinance.
SECTION 2.
The Table of Contents of the Somerville Zoning Ordinance is hereby amended by inserting, after the entry for “8.4 MASTER PLANNED DEVELOPMENT (MPD)” and its subsections, the following entries:
8.5 UPZONING OVERLAY (UO)
8.5.1 Intent
8.5.2 Purpose
8.5.3 Applicability
8.5.4 Neighborhood Residence & Urban Residence
8.5.5 Demolition & Displacement Mitigation
8.5.6 Sustainable Development
8.5.7 Parking & Mobility
8.5.8 Additional Capacity & Compliance
SECTION 3.
The Official Zoning Atlas of the City of Somerville is hereby amended, in accordance with §15.6.3 Zoning Map Amendment, by adding the Upzoning Overlay (UO) district, the boundaries of which are established by §8.5.3.b. The Director of Planning, Preservation & Zoning shall cause the boundaries so established to be delineated on the maps of the Official Zoning Atlas within thirty (30) days of the effective date of this Ordinance, and shall file a copy of the amended maps with the City Clerk.
SECTION 4.
The provisions of this Ordinance are severable. If any provision of this Ordinance, or its application to any person or circumstance, is held invalid, that invalidity does not affect any other provision or application of this Ordinance that can be given effect without the invalid provision or application.
SECTION 5.
This Ordinance takes effect upon passage in accordance with law. It applies to any application for a Building Permit or a demolition permit submitted on or after its effective date.
ATTACHMENT A
Text to be inserted into Article 8 of the Somerville Zoning Ordinance
8.5 UPZONING OVERLAY (UO)
Contents:
8.5.1 Intent
8.5.2 Purpose
8.5.3 Applicability
8.5.4 Neighborhood Residence & Urban Residence
8.5.5 Demolition & Displacement Mitigation
8.5.6 Sustainable Development
8.5.7 Parking & Mobility
8.5.8 Additional Capacity & Compliance
8.5.1 Intent
a. To implement the housing production, affordability, and transit-oriented development recommendations of SomerVision.
b. To increase the supply of dwelling units, and in particular of affordable dwelling units, on land within convenient walking distance of rapid transit.
c. To direct the City’s housing growth to the locations where it generates the least automobile travel and provides the greatest access to jobs, services, schools, and open space.
d. To ensure that the additional development capacity created by this Section is accompanied by measures that mitigate the displacement of existing residents.
8.5.2 Purpose
a. To permit additional residential use intensity, additional building height, and additional tolerance for dimensional standards on real property within the Upzoning Overlay district.
b. To require that development electing to proceed under this Section provide affordable dwelling units in accordance with Section 12.1 Affordable Housing.
c. To adapt the permitting process to accommodate the demolition and removal of existing residential structures that the development permitted by this Section may require.
d. In anticipation of displacement caused by that demolition, removal, and new construction, to provide mitigation measures that enhance the City’s ability to assist residents facing involuntary displacement and, whenever practicable, to provide residents so displaced with a viable option for returning to Somerville.
8.5.3 Applicability
a. This Section is applicable to real property located within the Upzoning Overlay district, as shown on the maps of the Official Zoning Atlas of the City of Somerville, that is classified in zoning districts:
i. Neighborhood Residence (NR) (§3.1); or
ii. Real property within the Upzoning Overlay district that is classified in any other zoning district is not subject to this Section, and is governed in all respects by the provisions of that district.
b. Boundaries.
i. The Upzoning Overlay district comprises all lots in the City of Somerville located within one-half (1/2) mile walking distance of a transit station listed in §8.5.3.b.ii.
ii. The applicable transit stations are:
a). Davis Square Station, MBTA Red Line;
b). Porter Square Station, MBTA Red Line; and
c). Ball Square Station, MBTA Green Line.
iii. Walking distance is measured along public sidewalks, public ways, and other pedestrian ways open to the public, from the nearest entrance of the transit station, in the same manner used to establish the Transit Area Map under §1.3.3 Transit Areas Map.
iv. For the purposes of this Section only, Porter Square Station is a transit station notwithstanding the definition of Transit Station in §2.1.1 Glossary and notwithstanding that its station entrances are located outside the municipal boundary of the City of Somerville. This Section applies only to real property located within the City of Somerville.
v. Where the boundary established by §8.5.3.b.i divides a lot, the entire lot is within the Upzoning Overlay district.
vi. A lot located within one-half (1/2) mile walking distance of more than one (1) transit station listed in §8.5.3.b.ii is subject to this Section once, and receives no additional development capacity on that account.
c. Election and Effect.
i. The provisions of this Section supplement or supersede the provisions of the districts upon which it is superimposed.
ii. Development may choose to comply with all of the applicable provisions of this Section in lieu of complying with those same provisions of the underlying zoning district. An applicant electing to proceed under this Section must state that election in the application for a Building Permit and must identify each provision of this Section relied upon.
iii. Development that does not elect to proceed under this Section remains subject in all respects to the provisions of the underlying zoning district, and is not subject to §8.5.5, §8.5.6, or §8.5.8.
iv. Where the provisions of this Section conflict with those found elsewhere in this Ordinance, the provisions of this Section apply, except as provided in §8.5.3.d and §8.5.3.e.
v. Development may not proceed under both this Section and Section 8.1 Affordable Housing (AH) for the same principal building.
d. Relationship to Article 12: Development Benefits.
i. Development subject to this Section is subject to Section 12.1 Affordable Housing and Section 12.3 Buyouts & Payments, except as follows:
a). Development of five (5) or more dwelling units must provide at least one (1) affordable dwelling unit containing two (2) or more bedrooms.
b). Development of four (4) dwelling units may, in cooperation with the Director of Housing or their designee and with the approval of the Affordable Housing Trust, provide a Tier 2 affordable dwelling unit as an alternative to the options provided by §12.1.4.b.
c). In lieu of a fractional buyout under §12.3.6, an applicant may, in cooperation with the Director of Housing or their designee and with the approval of the Affordable Housing Trust, deepen the affordability of one (1) or more affordable dwelling units provided under this Section by an amount commensurate with the value of the fractional buyout that would otherwise be required. Any such deepening of affordability must be memorialized, in addition to any deed restriction otherwise required by Section 12.1, by (1) executing and recording an Affordable Housing Restriction with the South Middlesex Registry of Deeds in a form approved by the City Solicitor, and (2) executing an Affordable Housing Agreement and an Affordable Housing Implementation Plan approved by the Director of Housing.
ii. Aggregation. Where the demolition and subsequent development described in an application for a Building Permit encompasses buildings on more than one (1) lot, or entails a lot split, lot merger, or lot line adjustment, the number of affordable dwelling units and the amount of any fractional buyout required by Section 12.1 must be calculated on the cumulative number of dwelling units in all buildings replacing the demolished buildings, and not on a lot-by-lot or building-by-building basis.
iii. Lot Splits. Pursuant to §10.1.1.c, a lot split, lot merger, or lot line adjustment requires Site Plan Approval and is not permitted by right. A rebuttable presumption that a purpose of a lot split is to avoid an obligation arising under §12.1.2 exists where all of the following are true:
a). the combined number of dwelling units developed on, or planned for, the resulting lots would, absent the lot split, meet or exceed the number of dwelling units that triggers a requirement under Section 12.1 to provide one (1) or more affordable dwelling units or to make a fractional buyout;
b). the number of affordable dwelling units developed on, or planned for, the resulting lots, together with the amount of any fractional buyout paid or planned, would not satisfy Section 12.1 as applied to the original lot; and
c). one (1) or more of the owners of the original lot, or one (1) or more of the members of an entity that owned the original lot, is an owner or co-owner of one (1) or more of the resulting lots, or is a member of an entity that owns one (1) or more of the resulting lots.
e. Relationship to Other Ordinances. Where the provisions of this Section governing an owner’s obligations to the residents of a property targeted for demolition and replacement with a condominium conflict with the City of Somerville Condominium / Cooperative Conversion Ordinance (Code of Ordinances, Chapter 7, Article IV, §7-61 et seq.), the provisions of that Ordinance prevail.
f. Reference Date. For the purposes of this Section, the “Reference Date” is September 1, 2026.
8.5.4 Neighborhood Residence
a. Building Types.
i. One (1) principal building is permitted on each lot.
ii. In the NR district, the following principal building types are permitted by right in addition to the building types permitted by §3.1.6, and are subject to the building design standards, use provisions, development standards, parking and mobility provisions, and public realm standards of §3.2 Urban Residence:
a). Semi-Detached Triple Decker (§3.2.7);
b). Multi-Plex (§3.2.8);
c). Apartment House (§3.2.9);
d). Apartment Building (§3.2.10); and
e). Row Houses (§3.2.11).
iii. For the Multi-Plex, Apartment Building, and Row Houses building types, the standards of Table 8.5.4 supersede or supplement the standards specified in §3.2.8, §3.2.10, and §3.2.11. Any standard not specified on Table 8.5.4 applies as specified elsewhere in this Ordinance for that building type.
iv. The Semi-Detached Triple Decker and Apartment House building types are governed by the standards of §3.2.7 and §3.2.9 without modification. This Section changes only the districts in which they are permitted.
v. Accessory structures are regulated in accordance with Article 10: Development Standards.
b. Dimensional Compliance.
i. Development may deviate by up to five percent (5%) from any maximum lot coverage, minimum green score, minimum open space, front and side building setbacks, minimum facade build out, and maximum floor plate specified by Table 8.5.4 or elsewhere in this Ordinance for the subject building type.
ii. No deviation is permitted from the maximum number of stories or the maximum number of dwelling units specified by Table 8.5.4.
c. Use Provisions.
i. Uses from the Residential principal use categories are permitted by right.
ii. Development is otherwise subject to §3.2.15 Use Provisions.
iii. Development is exempt from any minimum gross floor area per dwelling unit, and from any maximum number of dwelling units per lot, specified elsewhere in this Ordinance, except as specified by Table 8.5.4.
d. Development Benefits.
i. Development is subject to the provisions of Article 12: Development Benefits of this Ordinance.
ii. Development of a Multi-Plex, Apartment Building, or Row Houses must provide affordable dwelling units as specified on Table 8.5.4(b), which supersedes Table 3.2.8, Table 3.2.10, and Table 3.2.11.
Table 8.5.4 Superseding Dimensional Standards — Neighborhood Residence
Multi-Plex
Apartment Building
Row Houses
Lot Standards
Lot Width (min)
—
—
—
No Driveway Access
36 ft
45 ft
—
Side or Rear Driveway Access
36 ft
45 ft
—
Front Driveway Access
39 ft
48 ft
—
Interior Lot in Sequence, No Driveway Access
n/a
n/a
13 ft
End Lot in Sequence, No Driveway Access
n/a
n/a
18 ft
End Lot in Sequence, Side or Rear Driveway Access
n/a
n/a
18 ft
End Lot in Sequence, Front Driveway Access
n/a
n/a
21 ft
Lot Depth (min)
70 ft
80 ft
60 ft
Site Width (min)
n/a
n/a
49 ft
Lot Coverage (max)
65%
65%
65%
Green Score (min / ideal)
0.35 / 0.40
0.35 / 0.40
0.35 / 0.40
Building Placement
Primary Front Setback (min / max)
10 ft / 20 ft
10 ft / 20 ft
10 ft / 20 ft
Secondary Front Setback (min / max)
10 ft / 20 ft
10 ft / 20 ft
10 ft / 20 ft
Side Setback (min)
5 ft
5 ft
5 ft
Party Lot Line
n/a
n/a
0 ft
Side Lot Line
n/a
n/a
5 ft
Side Setback Abutting an NR Lot (min)
n/a
5 ft
n/a
Rear Setback (min)
10 ft
10 ft
10 ft
Massing & Height
Facade Build Out (min)
70%
80%
70%
Width (min / max)
26 ft / 50 ft
n/a
n/a
Width per Row House (min / max)
n/a
n/a
13 ft / 30 ft
Depth (min / max)
40 ft / 64 ft
n/a
30 ft / 60 ft
Row Houses in Sequence (min / max)
n/a
n/a
3 / 16
Floor Plate (max)
n/a
–
n/a
With Forecourt
n/a
16,000 sf
n/a
Without a Forecourt
n/a
7,000 sf
n/a
Ground Story Elevation (min)
0 ft
0 ft
0 ft
Story Height (min / max)
9 ft / 12 ft
9 ft / 20 ft
9 ft / 20 ft
Number of Stories (max)
4
6
4
Roof Type
Flat, Gable, Hip
Flat, Gable, Hip, Mansard
Flat, Gable, Mansard
Façade Composition
Ground Story Fenestration (min / max)
15% / 50%
15% / 50%
15% / 50%
Upper Story Fenestration (min / max)
15% / 50%
15% / 50%
15% / 50%
Use & Occupancy
Dwelling Units (min / max)
4 / 16
n/a
n/a
Density Factor (min), all lot areas
n/a
875
n/a
Dwelling Units per Site (min / max)
n/a
n/a
3 / 32
Dwelling Units per House (min / max)
n/a
n/a
1 / 2
Outdoor Amenity Space (min)
1/DU
1/DU
1/DU
Values shown govern; where a value shown is identical to the standard of the underlying building type, it is restated for clarity. “—” = no change; the standard applies as specified for that building type in §3.2. “n/a” = the standard is not applicable to that building type. The Density Factor of 875 applies at every lot area and is not conditioned on certification under any third-party building rating system; §8.5.6 Sustainable Development requires every building under this Section to be Net Zero Ready. Semi-Detached Triple Decker (§3.2.7) and Apartment House (§3.2.9) are unchanged by this Table and are governed by their standards in §3.2.
Table 8.5.4(b) Required Affordable Dwelling Units
Total Dwelling Units
Required ADUs
0 to 3 units
None
4 or more units
20% of units
This Table supersedes Table 3.2.8, Table 3.2.10, and Table 3.2.11. Those Tables cap their highest bracket at six (6), four (4) or more, and ten (10) dwelling units respectively; this Table extends the twenty percent (20%) requirement to every dwelling unit permitted by Table 8.5.4.
8.5.5 Demolition & Displacement Mitigation
a. Applicability. This Subsection applies to any development proceeding under this Section that requires a permit to demolish, in whole or in part, one (1) or more residential buildings, or one (1) or more mixed-use buildings containing one (1) or more dwelling units.
b. Contemporaneous Applications.
i. The application for the demolition permit and the application for the Building Permit for the replacement development must be submitted to the City within thirty (30) days of one another, and both must be approved, in order for the development to be deemed compliant with this Section.
ii. The Building Permit application must state that the applicant elects to proceed under this Section and must identify each provision of this Section relied upon to construct one (1) or more buildings that would not be permitted by right under the underlying zoning district.
iii. Applications that are not submitted contemporaneously are nonetheless deemed compliant with this Subsection if the failure to do so is due to one (1) of the following conditions, documented in the applications, and a demolition permit application and a Building Permit application meeting the requirements of §8.5.4 have both been approved:
a). The City ordered the demolition of the building to address a danger posed to residents or abutters as a result of fire, flooding, or other cause of deterioration or contamination that compromised the viability of the building, and the building has been vacated or is in the process of being vacated;
b). The Inspectional Services Division deemed the building unfit for human habitation because of code violations that were prohibitively expensive to correct, as documented by the owner, and the building remained unoccupied for at least one (1) year before the demolition permit application was submitted;
c). The demolition of the building occurred more than three (3) years before the Building Permit application was submitted;
d). The demolition has occurred, or is planned pursuant to a demolition permit application that is pending or has been approved, and the applicant documents to the satisfaction of the Building Official that the owners of the building and their non-paying guests, if any, were the sole occupants of every dwelling unit in the building for at least twenty-four (24) of the thirty (30) months immediately preceding the demolition or, where the demolition has not yet occurred, the submission of the Building Permit application;
e). The demolition permit application was submitted before the Reference Date and the owner has not submitted, and does not intend to submit, a Building Permit application relying on this Section; or
f). Applications submitted contemporaneously under §8.5.5.b.i were rejected in whole or in part, and were corrected, resubmitted, and approved; or one (1) of the conditions of §8.5.5.b.iii.a) through §8.5.5.b.iii.e) was satisfied, and the resulting demolition permit and Building Permit have been approved and have not expired.
c. Notice to Occupants. Within ten (10) business days of submitting a demolition permit application under this Subsection, the applicant must give written notice to every household then occupying the building. The notice must include:
i. the City’s published estimate of the time required for a determination on the demolition permit application; and
ii. a copy, in a language readily understood by the household, of the forms required by the Housing Stability Notification Act listing the resources available to households facing displacement.
d. Relocation Assistance Payment.
i. Before the permitted demolition occurs, the holder of the demolition permit must pay to the City’s Affordable Housing Trust, for deposit into a fund dedicated to the cost of assisting Somerville tenant households facing displacement, an amount equal to four (4) times the monthly HUD Fair Market Rent for a unit of the same bedroom count in the same ZIP code, for each dwelling unit to be demolished pursuant to the permit, whether or not the unit was occupied when the demolition permit application was submitted.
ii. The Fair Market Rent in effect on the date the demolition permit application was submitted governs the calculation.
iii. The payment required by this Subsection is in addition to, and not in lieu of, any payment required by Article 12: Development Benefits.
iv. The Affordable Housing Trust shall expend funds received under this Subsection for first month’s rent, last month’s rent, security deposits, and moving expenses paid by or on behalf of the Office of Housing Stability for households facing displacement in Somerville.
e. Referral of Displaced Households. Before the permitted demolition occurs, the holder of the demolition permit must provide the Office of Housing Stability with the name and contact information of each consenting household that was or will be displaced from the building, so that City staff may assist the household in applying for — and, where the City’s rules so provide, in receiving priority for — an appropriately sized deed-restricted affordable dwelling unit for which the household is income-eligible, whether in the building constructed on the site of the household’s former home or elsewhere in Somerville.
f. Conditions of Building Permit Approval. A Building Permit application under this Section may not be approved unless:
i. the applicant has complied with §8.5.5.b, or one (1) of the conditions of §8.5.5.b.iii applies;
ii. the applicant has complied with §8.5.5.c, §8.5.5.d, and §8.5.5.e, to the extent each applies;
iii. the planned building complies with §8.5.4, and with §8.5.6; and
iv. the planned building satisfies the Additional Capacity Requirement of §8.5.8.a.
8.5.6 Sustainable Development
a. Every principal building constructed under this Section must be Net Zero Ready.
b. For the purposes of this Section, a building is “Net Zero Ready” if it:
i. is designed and constructed without equipment for the on-site combustion of fossil fuels for space heating, water heating, cooking, or clothes drying;
ii. complies with the Municipal Opt-in Specialized Energy Code adopted by the City of Somerville and codified at 225 CMR 22.00 and 225 CMR 23.00, as amended; and
iii. provides on-site solar photovoltaic generation, or solar-ready roof area reserved for future on-site solar photovoltaic generation, in accordance with that Code.
c. Compliance with this Subsection must be demonstrated at the time of application for a Building Permit and again as a condition of the issuance of a Certificate of Occupancy.
d. No density factor specified by Table 8.5.4 is conditioned on certification under any third-party building rating system. The requirements of this Subsection apply to all development proceeding under this Section.
8.5.7 Parking & Mobility
a. Development is subject to the provisions of Article 11: Parking & Mobility of this Ordinance. Where the provisions of this Subsection conflict with those of Article 11, the provisions of this Subsection apply.
b. No minimum number of motor vehicle parking spaces is required for any dwelling unit developed under this Section.
c. Motor vehicle parking spaces must be leased or sold separately from, and not as a condition of, the rental, lease, or purchase of a dwelling unit.
d. Bicycle parking must be provided at no cost or fee to residents.
e. Development may deviate by up to five percent (5%) from the minimum number of bicycle parking spaces required per dwelling unit.
8.5.8 Compliance
a. Development Review. Except where §10.1.1.c requires Site Plan Approval for a lot split, lot merger, or lot line adjustment, development that complies with this Section is permitted by right.
b. Certificate of Occupancy. In addition to the requirements of §15.4.1 Certificate of Occupancy, the owner of a building developed under this Section must demonstrate compliance with the terms of the Building Permit and with §8.5.5 and §8.5.6 before a Certificate of Occupancy is issued.
c. Performance Review. The Director of Planning, Preservation & Zoning, in consultation with the Director of Housing, shall report to the City Council not later than three (3) years after the effective date of this Section, and every three (3) years thereafter, on the number of Building Permits issued under this Section, the number of dwelling units and affordable dwelling units permitted and completed, the number of dwelling units demolished, and the amounts paid to and expended by the Affordable Housing Trust under §8.5.5.d.