The URL can be used to link to this page

Zoning Ordinance May 2003ZONING ORDINANCE: CHAPTER 29 with AMENDMENTS THROUGH May 29, 2003 UPDATED PRINTING TO May, 2003 LIST OF LATEST 132 AMENDMENTS TO THIS DATE DATE ADOPTED ORDER# CHAPTER/SEC. DESCRIPTION 11/22/94 #254 29-2.1B.38 Add a new Subsection, 38A/Public Recreational Facility (See #253/USM Zoning Map Change) 1/17/95 #410 29-30.C.b.a. Add #3 & #4 - Watershed Protection Overlay #11 District Re: Propane Gas 1/2/96 #57 29-7 thru 15 Add Agricultural, Horticultural & Floricultural Uses 3/25/96 #49 #29-2-B-31 Revise - Definition of Lot 3/25/96 #49 #29-2-B-27 Revise - Definition of Home Occupation/Home #155 Professional Office 5/6/96 #36 29-2-B-8 Revise- Definition of Bed & Breakfast (from 3 bedrooms to 5) 5/20/96 #115 See Sections Add "CMRS" Commercial Mobile Radio Service listed in Transmission Facilities, Structures and/or Towers Amendment to List of Uses Allowed by Special Permit 8/27/96 #169 See Sections Amend Sections pertaining to: "Wetlands" - "Parking listed in & Loading" - "Height" and "Accessory Bldgs." Amendments 4/30/97 #28(#467) 29-5.E. I Height Exceptions - Remove Towers, Antennae, etc. Re: Amendments #115 (5/20/96) CMRS 29-5-P Add Towers & Antennae - (29.5.P) 6/21/99 #109 29-32 Create New Zoning district - Municipal Open Space & Recreation District (OSR): Assessor’s Map #81. Lot 191 3/14/00 #43 29-2 Miscellaneous Definition and Language Changes: 29-2.17 Domestic Employee: Dwelling: Family: 29-2.19 Frontage, etc. 29-2.23 29-5M 7/16/01 #67 29-20-D.6 I.G. General Industrial Maximum Bldg. Height 35'- allowed 70' height if bldg. set back 400' 5/29/03 59 29-2B.43 Amended definitions and Signs 29-2B46 29-2B40 29-25 2 3 CHAPTER 29 ZONING ORDINANCE SECTION PAGE LAND USE SCHEDULE.............................................................................................................................. TABLE OF DIMENSIONAL REQUIREMENTS ....................................................................................... 29-1 TITLE, PURPOSE AND INTERPRETATION DEFINITIONS............. ....................... 29-2 DEFINITIONS................................................................................................................. 29-3 ZONING DISTRICTS..................................................................................................... 29-4 ZONING MAP.............................................................................................................. 29-5 GENERAL PROVISIONS.............................................................................................. 29-6 COMMON PERMITTED USES........................................................................ ........... 29-7 R-90 One-Family Residential District .......................................................................... 29-8 . R-45 One-Family Residential District........................................................................... 29-9 R-22 One-Family Residential District............................................................................. 29-10 R-l5 One-Family Residential District.............................................................................. 29-11 . R-10 One-Family Residential District............................................................................. 29-12 R-6 One-Family Residential District............................................................................... 29-13 RMD Multi-Family Residential Development District................................................... 29-14 RHD Multi-Family Residential Development District.................................................... 29-I5 RSD Special Residential Development District.............................................................. 29-16 CN Neighborhood Commercial District.......................................................................... 29-17 CC Central Business District........................................................................................... 29-18 CG General Commercial District.................................................................................... 29-19 IR Restricted Industrial/Research/Office District............................................................ 29-20 IG General District........................................................................................... Industrial 29-21 HD Hospital District........................................................................................................ 29-22 WD Waterfront Development District.............................................................................. 29-23 SPECIAL DENSITY AND DIMENSIONAL REQUIREMENTS.................................. 29-24 PARKING AND LOADING REQUIREMENTS............................................................ 29-25 SIGNS............................................................................................................................... 29-26 NONCONFORMING USES............................................................................................ 29-27 BOARD OF APPEALS.................................................................................................... 29-28 ADMINISTRATION AND ENFORCEMENT................................................................ 29-29 AMENDMENT................................................................................................................. 29-30 OVERLAY DISTRICT(S)................................................................................................ 29-31 VALIDITY........................................................................................................................ 29-32 MUNICIPAL OPEN SPACE AND RECREATION DISTRICT..................................... INDEX 4 BEVERLY LAND USE SCHEDULE PRINCIPAL USES R90 R45 R 22 R15 RIO R6 RMD RHD RSD CN CC CG IR IG HD WD RESIDENTIAL USES One-family, detached .............................................P P P P P P P P P P P -- – – – -- Two-family, detached .............................................-- P P P P P P – – – – -- • Mufti-family .......................................................... P P P - - SP -- -- -- -- P • Mufti-family/commercial ....................................... P P P Rooming, lodging, boarding house ........................ SP SP Planned Residential Development .........................SP SP SP SP SP - - P Subsidized Elderly Housing ...................................SP SP SP SP SP SP P P P SP P SP SP SP SP INSTITUTIONAL & RECREATIONAL USES Hospitals, nursing homes, ambulance depot. P Gymnasium, health club, public pool ............................................................................................. SP P SP P SP Golf, beach, tennis club .........................................SP SP P Private, quasi-public, charitable club, or community service organization .........................-- SP SP SP SP SP SP -- -- -- -- -- -- -- -- -- Commercial Marina ................................................ SP SP SP SP SP SP SP SP SP SP SP SP SP SP - - P Historic Site or Non-Profit Museum .......................P P P P P P P P P P P P P P P Private, non-commercial stable ..............................SP SP SP SP SP SP - - - - SP SP SP SP SP SP City-operated Sanitary Landfill ...............................P P P P P P P P P P P P P P P COMMERCIAL USES PRINCIPAL USES Bed and Breakfast Establishment ..........................SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP Hotel or Motel ......................................................... SP P SP - - SP Home Occupation ..................................................P P P P P P P P P P P P P P Local Retail Establishments 45,000 s.f . ................ P P P P P P Retail Establishments ............................................ P P - - SP Personal & consumer service ................................ P P P P P SP Business & Prof. Offices, med. clinics .................. P P P P P P SP Funeral Home ........................................................ P P P -- -- -- - Restaurant, no take out .......................................... P SP P P SP SP P P Fast-food Establishment ........................................ P - - SP indoor Commercial Recreation ............................... SP P SP - - - - SP Gasoline Station ..................................................... SP -- -- -- - Car, truck, & RV Sales; car wash .......................... P *Animal Hospital or Kennel .................................... SP SP Commercial Riding Stable .....................................SP SP * Agricultural & Floricultural Uses ..........................P P P P P P P P P P P P P P P P Commercial Fishing, no processing ....................... P INDUSTRIAL. UTILITY, WHOLESALE, & TRANSPORTATION USES Manufacturing, Assembly, Processing and Packaging within a building ............................. P P Research, Development & Testing ........................ P P P P Printing & Publishing ............................................. P P P P Auto Body, Paint, or Repair Shop .......................... SP SP Contractor's or Craftsmen's Shop .......................... P P Warehouse, mini-storage, bottling plant, frozen food locker, wholesale establishment, ice manufacturing .................................................. SP P • Open storage of new bldg. materials ................... SP P • Open or enclosed storage of coke, coal, sand or similar materials ........................................ SP • General industrial uses ........................................ P Motor or Rail Freight .............................................. SP Ta)d, Rail or Bus Terminal ..................................... SP P P P P 5 Public Services (no outdoor storage) .....................SP SP SP SP SP SP SP SP SP SP SP SP P P SP SP Utility Company Terminal Enclosures ....................P P P P P P P P P P P P P P P P P-lots or Garages as Principal Use ........................ SP SP SP SP SP Commercial P-lot in Res. zone when abutting commercial zone ...................................... SP SP = special permit required; P = permitted use; * = subject to certain requirements This schedule of uses is a summary of the Ordinance requirements and is included only for ease of reference. In the event of inconsistencies between this schedule and the text of the Ordinance, the text shall be controlling. 6 Table of Dimensional Requirements A comparative Table of Dimensional Requirements for each of the Zoning Districts described in Section 29-7 throughSection 29-22 of this ordinance is presented below. This Table is presented forcomparative purposes, and shall not replace or supersede any requirements specifically set forth or referenced in Section 29-7 through Section 29-22 of this Ordinance. MINIMUM MINIMUM YARDS MAXIMUM DISTRICT LOT AREA FRONTAGE FRONT SIDES REAR HEIGHT R-90 90,000 Sf 225' 30' 20' 25' 35' R-45 45,000 sf 175' 30' 20' 25" 35' R-22 22,000 sf 150' 30' 15' 25' 35' R-15 15,000 sf 125' 30' 15' 25' 35' R-10 10,000 sf 100' 20' 15' 25' 35' R-6 65' 20' 10' 25' 35' 6,000 sf plus 1,000 sf for one additional dwelling unit (d.u.) 65' 20' 10' 20' 35' RMD 8,000 sf plus 4,000 sf for additional d.u. over two 50' 15' 10' 20' 55' RHD 6,000 sf plus 3,000 sf for 15' if 3 additional d.u. over over two stories RSD------------------------- Section 29-15 Part D ---------------------- CN ------- Same as Least Restrictive Adjacent Residential District ------- * CCnone none none none none 55' CG** 10,000 sf 80' 30' 15' 15' 35' H D 10 acres 225' 30' 20' 25' 65' IR 2 acres 225' 30' 20, 25' 60' IG none none none none none 35' WD see S.29-22 none 5' 25' 20' 35' For CC-zoned lots with side and/or rear lot lines abutting residentially- zoned lots, setback and height requirements are the same as that abutting residential zone. **See Section 29-18 Part D. 7 8 29-1 TITLE, PURPOSE, AND INTERPRETATION A Short Title This ordinance shall be known and may be cited as the Zoning Ordinance of the City of Beverly, Massachusetts referred to herein as "this ordinance." B Purpose This ordinance is designed for the following purposes: (1) To lessen congestion in the streets. (2) To secure safety from fires, panic, and other dangers. (3) To promote health and the general welfare. (4) To provide adequate light and air. (5) To avoid undue, concentration of population. (6) To prevent the overcrowding of land. (7) To facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. (8) To prevent pollution of air and water. (9) To encourage the most appropriate use of land throughout the City. (10) To conserve and protect land values and amenities. (11) To encourage orderly development of land. (12) To encourage the appropriate use of our existing built environment including the adaptive re-use of older buildings. C Interpretation In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements, adopted for the promotion of the public health, safety, morals, and general welfare. Wherever the requirements of this Ordinance are at variance with the requirements of any other lawfully adopted rules, regulations, and ordinances, the most restrictive or that imposing the higher standards shall govern. 9 29-2 DEFINITIONS A Meanings of Certain Words and Phrases For the purposes of this ordinance, words used in the present tense include the future; the singular number includes the plural, and the plural includes the singular. The word “lot" shall include "plot" or "parcel". The word "structure”, shall include the word "building", where the context requires. The word "used" shall include the words "arranged", "designed", "rented" "leased" "intended to be used", and "occupied". The word "shall" is mandatory; and the word "may" is permissive. B Other Words and Phrases Certain other terms or words shall be interpreted as follows: 1. Accessory Apartments - A dwelling unit of at least 600 square feet in floor area, which is within a single-family home and is occupied by a person related within the third degree of consanguinity to the record owner of the single-family. (Rev. 6-26-87) 2. Airport Approach Zone - An area of 500 feet in width at the end of an airport runway or landing strip and 2,500 feet in width at a distance of 10,200 feet. The centerline of this zone shall coincide with the centerline of the runway or landing strip extended. 3. Airport Hazard - Any structure, tree, or aerial emission which obstructs the aerial approaches of a publicly-owned airport or impairs the reasonable visibility in the vicinity thereof, electrical impulses and disturbances which interfere with radio aids or communications, and lights which might result in glare in the vision of aircraft pilots or be confused with airport lights. 4. Animal feedlot - A plot of land on which twenty-five (25) or more animals per acre are kept exclusively for the purpose of feeding. This definition shall not be construed as prohibiting farming lawfully being constructed under the provisions of the City of Beverly Zoning Ordinance and/or Massachusetts General Laws, Chapter 40A, Section 3. (Rev. 3-5-90) 5. Aquifer - Geologic formation composed of rock or sand and gravel that contains significant amounts of potentially recoverable potable water. (Rev. 3-5-90) 6. Bed and breakfast establishment - The renting of not more 10 than five (5) rooms as a lodging, without separate cooking facilities and for not more than eight (8) persons for a term of residence of less than eight (8) days. These establishments shall be residential in both character and appearance, and off-street parking areas shall be screened from abutting residential uses in a manner defined by subsection 29-2(b) (39) below. The owner of a bed and breakfast establishment shall be required to reside either on the premises of the establishment or on an abutting parcel. (Ord. No. 36, 5-13-96) 11 7. Auto Body Shop - A business establishment engagedin motor vehicle painting, body and collision repair, frame straightening or any combination of the above. 8. Basement - An area partly underground but having at least one half of its clear ceiling height above the mean finished grade level at the foundation. A basement shall be considered as a story if used for dwelling or business purposes. 9. Bed & Breakfast Establishment - The renting of not more than three rooms as a lodging, without separate cooking facilities and for not more than eight (8) persons for term of residence of less than fourteen (14) days. These establishments shall be residential in both character and appearance, and off-street parking areas shall be screened from abutting residential uses in a manner defined by Section 29.2.B.40 of this ordinance. The owner of a bed and breakfast establishment shall be required to reside either on the premises of the establishment or on an abutting parcel. (Rev. 3-19-91 and 6- 18-91) 10. Board of Appeals - The Board of Appeals of the City of Beverly. 11. Building - Any independent structure having a roof with structural supports for the shelter or enclosure of persons, animals, or property. a. Building, Accessory - A building subordinate to and located on the same lot with a main building, the use of which is clearly incidental to that of the main building, such as a detached garage or barn. 12. Cellar - An area partly underground having more than one-half of its clear ceiling height below the mean finished grade level at the foundation. 13. Commercial Vehicle - Any motor vehicle which meets the definition of ‘commercial vehicle’ as defined in 540 CMR 2.05, as may be amended.(Ord. No. 169, 7-29-96) 14. Comprehensive Plan - A document prepared and/or adopted by the Planning Board to guide the long-range development of the City, and which considers the type, location, arrangement, and/or density of land uses, streets, and necessary community services. 15. Congregate Elderly Housing - An alternative housing arrangement for elderly or handicapped persons choosing to share a living arrangement with others. Residents have their own dwelling unit or bedroom, and share areas such as living 12 rooms, dining areas, and 13 kitchens. Support services such as house cleaning, meals, transportation, and minor health care are provided on-site. This definition excludes nursing . homes and half-way houses(Rev. 7-20-87) 16. Construction - Those lot improvements including foundations, the erection of new buildings, expansion of footprints or existing structures, and the addition of impervious surface(s). The term construction shall not include fences, stone walls, and walks or paths made with solely porous materials." (Rev. 5-20-93) 17. Cornice - Any permanent continuous horizontally projecting feature surmounting a wall or other portion of a building. (Rev. 4-10-90) 18. Coverage - The ratio of the total ground floor area of buildings to the total area of the lot, expressed as a percentage. 19. Dwelling - A building used only for permanent habitation by one or more families. The term shall not include hotel, motel, rooming house, hospital, or other accommodation used for transientlodging. a. Dwelling Unit - One or more living and sleeping rooms providing complete living facilities for the use of one or more individuals constituting a single family, with permanent provisions for living, sleeping, eating, cooking and sanitation. The term shall not include hotel, motel, bed and breakfast, rooming house, hospital, or other accommodation used for transient lodging. (Ord. No. 43, 3-14-00) b. Dwelling, One-Family or Single-Family - A detached dwelling, other than a stationary trailer or mobile home, containing onlyone dwelling unit. C. Dwelling, Two-Family - Two attached dwelling units in one building. d. Dwelling, Semi-detached - A one-family dwelling attached by no more than one common wall to another one-family dwelling and each dwelling may be on separate lots. e. Dwelling, Multi-Family - A dwelling containing three or more dwelling units.1 f. Dwelling, Multiple Group - A group of two or more multi- family dwellings occupying a parcel of land in one or common ownership and having common open space. 14 g. Domestic Employee - Person actually employed upon a premises “for monetary compensation” by the resident family thereof for not less than 30 hours per week and who provided domestic services to such family. (Ord. No. 43, 3-14-00) 20. Elderly - Persons fifty-five (55) years or older, or those persons permanently disabled. 15 21. Family - (A) One or more persons occupying a dwelling unit and living and cooking together on the premises as a single, non-profit, housekeeping unit and further defined as one of the following: (1)Any number of persons related by blood, by adoption, by foster home placement, and/or by marriage. (2)Up to and including four persons not related to each other by blood, by adoption, by foster home placement, and/or by marriage. (3)A combination of persons related by blood, by adoption, by foster home placement, and/or by marriage (such groups so related being one for the purpose of this definition) and no more than three other individual persons without consideration of the relationship that such three persons might have, if any, to each other. (B) Irrespective of the requirements of paragraph A above, DOMESTIC EMPLOYEES as herein defined need not occupy the same dwelling unit nor live and cook together in the same premises as a single, non- profit housekeeping unit with their employer FAMILY, but nonetheless for the purposes of the ordinance shall be deemed members of a resident family in accordance with and as restricted by paragraph A3 above. (Ord. No. 43, 3-14-00) 22. Fast-Food Restaurant - A food service establishment with a drive-in window. 23. Floor Area, Gross - The sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics, and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, or attics not used for human occupancy or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this ordinance, or any such floor space intended and designed for accessory heating and ventilation equipment. 24. Floor Area Ratio (FAR) - The ratio of the gross floor area of the building to the total lot area. 25. Frontage - (A)The distance between either the points of intersection of the side lot lines and the street right-of-way or the points of intersection of the side lot lines and the rear line of the required front yard extended to the street right-of-way, whichever is smaller for the purposes of this ordinance, only sufficient frontage on one of the following types of ways shall be recognized for zoning purposes: (1) a public way or a way certified by the City Clerk that is maintained and used as a public way. (2) a way shown on a plan approved and endorsed by the Beverly Planing Board in accordance with the Subdivision Control Law, or (3) a way physically in existence when the Subdivision Control Law 16 became effective in Beverly having, in the opinion of the Planning Board, sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or be erected thereon. (Ord. No. 43, 3-14-00) (B)When a lot is bounded by more than one street, any one of them, but only one, may be designated as the frontage street by the owner, provided that that street provides sufficient frontage as required by the Zoning Ordinance; however, in the case of a lot bounded by two streets forming an interior angle of more than one hundred and N thirty-five degrees (135), their combined frontage between lot lines may be used to satisfy the lot frontage requirement. (Rev. 7-17-91) 26. Gasoline Station - Building and premises where gasoline, oil, grease, batteries, tires, automobile accessories, and incidentals are sold at retail and where minor servicing and repairs take place. Major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, or smoke are not included in this definition. 27. Groundwater - All the water found beneath the surface of the ground. In this Ordinance the term refers to 17 the slowly-moving subsurface water presentin aquifers and recharge areas. 28. Height - The vertical distance from the lower of a) the average grade of the footprint of the building, or b) the average grade at the front of the building, to the top of the highest roof beams of a flat or pitched roof. (Ord. No. 169, 7-29-96) 29. Home Occupation or Home Professional Office - The use of a room in a dwelling as an office, studio, or workroom for occupation at home by a person residing on the premises and in connection with which the primary use is not the sale of commodities on the premises and which: - shall not have more than one (1) employee (other than the owner/occupant) engaged on the premises at any one time. - shall provide off-street parking spaces on site at the following ration: one (1) space for each vehicle owned by the occupants of the home, up to a maximum of two (2) spaces; one (1) space for the employee of the home occupation or home professional office, if there is one; and one (1) space for a client if the nature of the occupation or office warrants such space to be determined by the Building Inspector. In any case, no more than four (4) spaces shall be provided on site and the portion of the lot serving as the parking area shall be screened from abutting properties in accordance with the requirements of Section 29-2.B41.b., c., d., or e. of this Ordinance; - shall not have more than one commercial vehicle parked on the premises at any one time. - shall have no exterior display or storage of materials beyond that permitted by this Chapter. (Ord. No. 49, 3-26-96) 30. Impervious Surface - material on the ground that does not allow surface water to penetrate into the soil. (Rev. 3-5-90) 31. Leachable wastes - waste materials including solid wastes sewage, sludge, and agricultural wastes that are capable of releasing water-borne contaminants to the surrounding environment. (Rev. 3-5-90) 32. Lineal Frontage - the length in feet an establishment faces a street or public right of way at first floor or 18 entrance level. (Rev. 4-10-90) 33. Lot - A parcel of land in identical ownership throughout of at least sufficient size to meet the minimum requirements of this Ordinance for use, frontage, coverage, and area and to provide required yards and other open space. The area of a lot is that area, in square feet or acres, enclosed by the lot lines of a single lot. In calculating the area of a LOT for purposes of determining such LOT’s conformance with the minimum requirements of the zoning ordinance, no portion of such LOT shall be included which: (i) is subject to an easement or right-of-way that is recorded (or shown on a plan that is recorded or to be recorded) and that serves property outside the LOT, or (ii) is subject to a restriction that by its terms prevents or prohibits the owner of such lot from making any substantial use of that portion of the LOT; but (i) and (ii) above shall not apply to easements or restrictions that are for utility or conservation purposes or that are held by or generally open to governmental agencies or the public. a. Lot, Corner - A lot with frontage on two or more streets at their intersection, where the interior angle of the intersection is less than one hundred and thirty (130)degrees. 19 b Lot Width - See Frontage definition in this section. (Ord. No. 49, 3-26-96) In calculating the area of a lot created after the effective date of adoption of this amendment (7/15/96), no more than twenty percent (20%) of that portion of a lot classifiable as wetlands under the provisions of M.G.L. Chapter 131 Section 40 as amended, shall be included in the calculation of a lot’s area for purposes of determining conformance with zoning. (Ord. No. 169, 7-29-96) 34. Lot, Non-Conforming - A lot of record at the time this ordinance becomes effective but which does not conform with the regulations for the district in which it is located. 35. Major Recreational Equipment - Boat and boat trailers, travel trailers, pick-up campers or coaches, motorized dwellings, tent trailers, and similar devices. 36. Mean - A number or point which is halfway between the two extremes. 37. Mining of land - the removal and relocation of geologic materials such as topsoil, sand and gravel, metallic ores, or bedrock. (Rev. 3-5-90) 38. Mobile Home - A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailer, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, etc. A travel trailer is not to be considered as a mobile home. 39. Mobile Home Park - Any lot used to accommodate two (2) or more individual mobile homes, including all necessary buildings, tents, or other appurtenances; and regardless of whether a charge is made for such accommodations. A mobile home park does not include the parking of unoccupied homes for inspection and sale as a commercial business. 40. Private Passenger Motor Vehicle - Any motor vehicle which meets the definition of ‘private passenger motor vehicle’ as defined in 540 CMR 2.05, as may be amended. (Ord. No. 169, 7-29-96) 41. Public Open Space - Space left without a structure of any kind and without parking lots which is dedicated to the City via an easement obtained from the property owner. This space may be beaches, pedestrian walkways, picnic area, landscaping, or other green space. 42. Public Recreational Boating Facility - A facility on and abutting tidal waters for berthing of recreational vessels at which all berths and accessory uses thereto are available for patronage by the general 20 public on a seasonal or transient basis. Such facility may be either publicly or privately owned, and may include town piers, or community sailing centers or yacht clubs offering open membership to the public. Nothing in this provision shall be construed as allowing the storage of recreational vessels and/or recreational and marine equipment off the premises of the facility, nor as prohibiting the adoption of minimum eligibility criteria of broad, objective applicability, such as basic knowledge of boating safety or a willingness to make regular work commitments; nor as prohibiting the reservation of a berth for the operation of said facility. (Ord. No. 254, 11-23-94) 43. Planning Board - The Planning Board of the City of Beverly. 44. Primary Façade – The length in feet of that side of an establishment’s structure that faces a street or public right of way at first floor or entrance level. (Ord. No. 59, 5-29-2003) 45. Recharge areas - areas composed of permeable stratified sand and gravel and certain wetlands that collect precipitation or surface water and carry it to aquifers. Rev. 3-5-90) 46. Screening - A visual barrier which may be: a. Masonry wall, brick veneer, tilt wall concrete, or poured in place concrete, minimum height of 6 feet; b. A five foot wide and five foot high evergreen landscaping strip; c. A landscaped earthen berm at least five (5) feet in height."; d. Wood fence with permanent slats, not less than 6 feet in height; e. Combination of the above. (41. a.- e. Rev. 6-26-87 and 7-1-92) 47. Setback - A line beyond which the foundation wall and/or any enclosed covered porch or other enclosed portion of a building shall not project. 48. Signs: The definitions specific to signs shall control where there is any inconsistency between the definitions specific to signs and the general definitions of this ordinance. a. Abandoned Sign – a sign which no longer identifies or advertises a bona fide business, owner, lessor, lessee, service, product, or activity, or for which no legal 21 owner can be found, or if found, disclaims any interest in the sign. b. Animated Sign – any sign with visible moving parts which includes any illumination sign on which the artificial light is not maintained stationary, or constant in intensity and color at all times when such sign is in use. For this purpose, any revolving, illuminated sign shall be considered an “animated sign.” c. Advertising Sign – a sign which directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the same premises. d. Alteration to Sign – any enlargement, rewording (other than in the case of theatre or cinema signs or other sign boards with automatically changing messages) redesigned or altered in any way, other than routine maintenance, including repainting in a different color, or, any work on a sign that has deteriorated to such an extent that the cost of restoration would exceed thirty (30) percent of the replacement cost of the sign at time of restoration. Any alteration to a sign and all altered signs, must conform to the requirements of this ordinance. e. Area of Sign – the area of a sign shall be considered to be that of the smallest rectangle or other convex shape which encompasses all the letters and symbols of the sign message or such message together with any frame, background, trim, or other integral part of the display on which such message is placed. f. Awning Sign – any sign placed on the face of an awning. An awning is a flexible, woven cloth fabric mounted above and/or projected above a window or door. g. Canopy Sign – a sign located on a rigid structure erected over gas pumps at gas filling stations or over other automobile services area. h. Cluster Sign – two or more signs integrated into one freestanding sign structure. i. Defunct Sign – signs which advertise an activity, business, project, or service no longer produced or conducted on the premises upon which the sign is located. j. Directory Sign – a sign located on a building, or 22 freestanding within the area between the building and one-half the distance to the nearest property line, which identifies the occupants and their location within a building. k. Freestanding Sign – a sign, including the supporting device, not part of or attached to any building but located elsewhere on a lot. l. Obstructing Sign – a sign which obstructs a fire escape, window, door, or other opening, or which prevents free passage from one part of a roof to any other part thereof. m. Off-premise Sign – a sign which advertises or announces a use conducted or goods available elsewhere than on the lot on which the sign is located. n. Portable Sign – a freestanding sign not permanently affixed, anchored, or secured to the ground or structure on the lot it occupies. o. Projecting Sign – any sign which is attached to a building or other structure which projects more than twelve (12) inches from the wall surface of the building or structure in front of which the sign is positioned. p. Roof Sign – any sign erected, constructed, and maintained upon or over the roof of any building. q. Temporary Sign – any sign intended to be maintained for a continuous period not to exceed fourteen (14) days. r. Wall Sign – sign or letters placed on the building which projects no more than twelve (12) inches from and is parallel to the face of the building. s. Window Sign – signs painted or posted on an interior translucent surface including windows or doors. In the case of individually lettered signs, sign area shall be the smallest geometrical shape which contains the letters. Any exterior design feature of a building or structure that is associated with the corporate image or identification of a business which effectively results in extending the area of a sign shall be considered a sign and subject to regulation under this ordinance. The term “exterior design features” shall include but not be limited to rigid 23 canopies, feature strips, roofs, graphics, and color.” (43. a. - s. Rev. 4-10-90; 43 a. – s. Rev. by Ord. 59, 5-29- 2003) 49. Solid wastes - useless, unwanted, or discarded solid material with insufficient liquid content to be free flowing. This includes, but is not limited to, rubbish, garbage, scrap junk, refuse, inert fill material and landscape refuse. (Rev. 3-5-90) 50. Story - That portion of a building included between the floor and floor or roof next above. A half-story is a partial story under a sloping roof, the wall plates of which on two exterior walls are not more than two (2) feet above the floor of such partial story. 51. Structure - A construction including, but not limited to, buildings as herein before defined, stadiums, radio towers, fences, freestanding signs, projecting sign and other structural facilities. (Ord. No. 59, 5-29-2003) 52. Use - The principal purpose for which a lot or the principal building thereon is designed, occupied, maintained, or intended to be used. a. Use. Accessory - A use of a building, land, or portion thereof, normally incidental to the permitted use of the premises. b. Use, Non-conforming – A use which lawfully exists at the time this ordinance becomes effective but which does not conform with the regulations for the district in which it is located. c. Use, Principal - Any primary purpose for which a structure or lot is designed, arranged, occupied, or intended, which may be used or maintained under this ordinance. The use of any structure or land on the same lot and incidental or supplementary thereto and permitted under this Ordinance shall be considered as accessory use. 53. Used Car Sales - A retail establishment displaying and selling four (4) or more previously-owned vehicles per year. 54. Yard - A required open space lying between a building or outer building of a group and the nearest lot line. a. Yard, Front - An open space extending for the full width of the lot between the front line of the building wall and the front 24 lot line. on corner lots either street may be designated as the front yard regardless of the address or entrance location of the building. The front -yard setback shall apply to one street only. b. Yard, Rear - An open space extending the full width of the lot between the rear line of the building wall and the rear lot line. An accessory building or accessory use as herein permitted may be located in the rear yard. (Rev. 7-1-92) C. Yard, Side - An open space extending for the full length of a building between the building wall and the side lot line. On triangular-shaped lots, each side yard setback shall be paralleled and extended to a rear point of intersection within the lot. 25 29-3 ZONING DISTRICTS A Division into Districts The City of Beverly, Massachusetts is hereby divided into sixteen Zoning Districts to be designated as follows: Designation Description R-90 One-family residential R-45 One-family residential (suburban density) R-22 One-family residential (suburban density) R-15 One-family residential (urban density) R-10 One-family residential (urban density) R-6 One and two-family residential RMD Multi-family residential RHD Multi-family residential (high density) RSD Special residential development (high density) CN Neighborhood commercial cc Central business district CG General commercial (automobile oriented) IR Restricted industrial, research and office IG General industrial HD Hospital district WD Waterfront development Specific use and dimensional regulations applicable to each of these Districts are shown in sections 29-6 through Section 29-23. -General provisions applicable to all Districts are included throughout this ordinance. B Overlay Districts Overlay Districts to the Zoning Ordinance may be established within the City of Beverly. These Overlay Districts and their attendant requirements are presented in Section 29-30 of this Ordinance. 26 29-4 Zoning Map A Zoning District Map 1. The location and boundary of the zoning districts are shown on the "Zoning District Map" of the City of Beverly Massachusetts as amended, such map to be part of this Ordinance duly certified and filed in the Office of the City Clerk. 2. Amendments to district boundaries shall be entered on said map. B Interpretation of District Boundaries Where any uncertainty exists with respect to the boundary of any district as shown on the Zoning District Map, the following rules shall apply: 1. Where a boundary is indicated as a highway, street, alley, railroad, water course or City boundary, it shall be construed to be the center line thereof or such City boundary. 2. Where a boundary is indicated as approximately parallel to a highway, street, alley, railroad, water course or City boundary, it shall be construed as parallel thereto and at such distance from the centerline thereof ,as shown on the Zoning District Map. 3. If no dimension is given on the Zoning District Map, the location of any boundary shall be determined by use of the scale shown in the Zoning District Map. 4. Where a zoning district boundary line divides a lot, under a single ownership at the time of the effective date of this Ordinance, district regulations governing either portion of the severed lot may be extended up to 50 feet into the adjoining district. (Rev. 6-26-87) 5. The Board of Appeals shall resolve all boundary questions not covered by Section 29-4.B.1. through 29-4.B.4. above. 27 29-5 GENERAL PROVISIONS A Application of Regulations 1. Except as hereinafter provided, no building or structure or part thereof and no lot or land or part thereof shall hereinafter be used in any manner which does not conform to the use regulations of this Ordinance for the district in which such building, structure, lot or land is located. 2. Except as hereinafter provided, no building or structure or part thereof shall hereinafter be erected, altered, enlarged, or rebuilt in any manner which does not conform to the dimensional regulations of this Ordinance in the district in which such building or structure is located, except that a non-conforming building or structure can be altered or enlarged if the alteration or enlargement itself is conforming. B Undersized Lots of Record Any lot lawfully laid out by plan or deed duly recorded, as defined in Section 81L of Chapter 41 of the Massachusetts General Laws, or any lot shown on a plan endorsed with the words "approval under the subdivision control law not required" or words of similar import, pursuant to Section 81P of Chapter 41 of the Massachusetts General Laws, which has a lesser area, frontage, width, and depth required under this amendment for the district in which such lot is located shall be subject to the provisions of Chapter 40A, Section 6 of the Massachusetts General Laws. The minimum side yard for such lots shall not be less than eight (8) feet. C Building Permits Issued Prior to Adoption of This Ordinance All building permits issued prior to the adoption of this Chapter are subject to the provisions of Chapter 40A, Sections 6 and 7 of the Massachusetts General Laws. D Obstruction to Air Navigation 1. In airport approach zones for instrument-landing runways, building and other structure heights shall be limited to provide a clear glide path of 34:1 from the end of the runway. 2. No use shall be permitted which creates electrical interference with navigation aids or communications 28 between airport and aircraft, impairs landing, takeoff, or maneuvering of aircraft by reasons of glare, smoke, dust, and the like; and makes it difficult to distinguish between airport lights and-others. 3. Any authorization for variance from the terms of the section granted by the Board of Appeals may require the applicant to permit the City to install, operate, and maintain such markers and lights as may be necessary to indicate the presence of an airport hazard. E Height Exceptions 1. Building height limits set forth in this Ordinance shall not apply to belfries, chimneys, cupolas, domes, flagpoles, flues, monuments, spires, water towers and tanks, air conditioning units, nor to similar structures and mechanical appurtenances placed on roofs, except where such structures are located within an airport approach zone; and provided that no such structures shall be used for human occupancy. (Ord. No. 28, 4- 30-97) 2. A parapet wall, cornice, or similar architectural element shall not exceed more than four (4) feet above the height limits prescribed in this Ordinance. 3. Additional stories on sloping lots - on a sloping lot, a story or stories in addition to the number permitted in the District in which such lot is located shall be permitted on the downhill side of a building erected on such lot, provided that the building height shall not otherwise be increased above that specified for the district. 4. Existing residential buildings on undersized or non-conforming lots of record may be enlarged to the maximum height limit of the Zoning District in which they are located, without a Variance. F. Area, Lot Width, Yards 1. Joint use of lot prohibited - No part of a yard or other open space about any building required for the purpose of complying with this Ordinance shall be included as part of a yard or other open space similarly required for another building. 2. Reduction of area - No lot shall be changed in size, shape, or ownership so that the height, area, yard, or 29 off-street parking requirements herein prescribed are no longer satisfied. This paragraph shall not apply where a portion of a lot is acquired for a public purpose. 3. Yards a. Every part of a required yard shall be open to the sky and unobstructed except for accessory buildings in the yard area, and except for ordinary projections of the belt courses, cornices, sills, skylights, and ornamental features projecting from the building not more than twelve (12) inches. Open or lattice-enclosed fire escapes and the ordinary projections of chimneys and flues are permitted. b. Projecting eaves, chimneys, bay windows, balconies, open fire escapes, and like projections which do not project more than three and one-half feet; and unenclosed steps, unroofed porches, enclosed bulkheads, and the like which do not project more than ten feet beyond the line of the foundation wall, may extend into the required yards otherwise provided for the district in which the structure is built. (Rev. 7-1-92) C. No building need be set back more than the average of the setbacks of the buildings on the lots on either side. A vacant lot or lot occupied by a building set back more than the required front yard depth shall be considered as though occupied by a building set back the required depth. 4. Every lot shall have a minimum frontage (as defined above) on a way, public or private, which shall be equivalent to the minimum lot width, except as noted in 29-5.1. below. 5. Any lot on which more than one house existed at the time of the adoption of this Ordinance may be divided with a minimum of non- conformance, and sold to separate owners and used with a minimum of non-conformance. 30 G Corner Clearance On a corner lot, buildings may be erected subject to the provisions of the density and dimensional requirements of the applicable District, but nothing else shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct vision at intersections between a height of three (3) and eight (8) feet above the street grades in the triangular area bounded by the street lines of such corner lot and a line joining points along said street lines of 25 feet from their intersection. H Severability The separate provisions of this Ordinance and the Zoning Map are adopted with the intent that each shall have force and effect separately and independently, except insofar as by expressed reference or necessary implication any one, or any part thereof, is made dependent upon another. The invalidity of any provision or part thereof shall not affect the validity of any other provision. I Pork Chop Shaped Lots 1. The Beverly Planning Board may authorize Pork Chop Shaped Lots by Special Permit in residential and industrial districts on streets in existence at the date-of adoption of this Ordinance (December, 1984) and on new streets in industrial zoning districts if the following conditions are met: a. That the site is an appropriate location for the proposed use and that the character of adjoining uses will not be adversely affected. b. That no factual evidence is found that property values in the district will be adversely affected by such use. C. That no undue traffic and no nuisance or unreasonable hazard will result. d. That adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed uses. e. That there are no valid objections from abutting property owners based on demonstrable fact. 31 f. That the minimum lot area of the Pork Chop Shaped Lot be at least the minimum lot area required in the zoning-district in which the pork chop shaped lot is located except the portion of the lot which is the narrow strip or portion of the lot to the way, shall not be included in the lot area calculation. g. That the width of the Pork Chop Shaped Lot measured at the shortest distance between side lot lines is no less than seventy-five (75) feet at any point between the street and the existing or proposed building on the lot. Pork Chop lots approved by the Planning Board previous to December, 1984, with less than the required frontage but at least 20 feet of frontage shall be considered valid building lots for a period of fifteen (15) years from the date of adoption of this zoning amendment (9/5/91). On September 5, 2006, any pork-chop lot approved by the Planning Board prior to December 1984 which is vacant or for which a valid building permit has not yet been issued, shall lose its status as a "grandfathered" lot and be considered unbuildable. (Rev. 9-15-91) h. All front, rear, and side yard setbacks shall be the same as the minimum setbacks specified for the zone in which the lot is located. (Rev. 6-26-87) i. That the depth of that portion of the lot which fails to satisfy the lot frontage requirements set forth in Section 29-2B.22 between the street and the existing or proposed building on the lot cannot exceed a distance of two hundred and fifty (250) feet from the street. j. That there is not more than one (1) other Pork Chop Shaped Lot with frontage contiguous to it. 2. The Planning Board shall follow the procedural requirements for Special Permits as per Massachusetts General Law Chapter 40A and as per the Beverly Zoning Ordinance Section 29-27 and Section 29-28 which includes notice and public hearings. J Wind Energy Conversion Systems Wind energy conversion systems devices which convert wind energy to mechanical or electrical energy are allowed by 32 Special Permit from the Board of Appeals, if the applicant demonstrates that the installation will not cause a) excessive noise (excessive noise being above 50 dBA at the nearest lot line), or b) interference with local television and radio reception or otherwise derogate substantially from the public good, as well as meeting requirements of 29-27.c., except wind energy conversion systems are allowed by right if they meet all of the following conditions: 1. A single windmill or wind energy conversion system may be used on a lot for generating power primarily for on-site use. 2. The minimum setback distance for all wind energy conversion systems from any abutter's property line shall be (and shall continue to be for the life of the installation) at least equal to the maximum height of the machine from grade, plus twenty (20) feet. Setbacks will be measured to the center of the tower base. 3. The maximum tower height shall be seventy (70) feet from grade to the center of the rotor. 4. Climbing access to the tower shall be limited by the installation of a fence with a locked gate around the tower base no lower than 6 feet and constructed in such a manner as to restrict passage through said fence or by-limiting tower climbing apparatus to no lower than 10 feet from the ground. 5. The diameter of a rotor may not exceed thirty (30) feet. 6. The energy conversion system will be considered abandoned if not properly maintained for a period of two years or if designated a safety hazard by the Building Inspector. The owner of any wind energy conversion system which is considered to be abandoned or considered to be a safety hazard shall be required to immediately dismantle the installation. There will be a fine of up to one hundred dollars ($100) for each day after notification to dismantle. 7. The wind energy conversion system may not interfere with TV and radio reception. The applicant may be asked to bring in consultants at his/her own expense to certify that the system will not interfere with TV and radio reception. After the installation, if neighbors 33 can demonstrate that there is excessive interference, the Board of Appeals may order that the wind energy conversion system-be dismantled or modified to eliminate the interference. 8. The wind energy conversion systemshall be installed in accordance with the instructions of the manufacturer and shall be installed on a tower approved by wind energy conversion system manufacturer, and shall be serviced in accordance with the manufacturer's instructions. There must be a structural support and foundation plan stamped and approved by a registered engineer in the Commonwealth of Massachusetts. 9. All certifications and plans required shall be at the applicant's expense. 10. The wind energy conversion system shall not cause excessive noise, above 50 dBA, at the nearest lot line. K Solar Access 1. A solar energy collection system is a device, or combination of devices, or structures that are part of a device, or structure that uses incident solar radiation for passive solar space heating or that transforms incident solar radiation into thermal, mechanical, or electrical energy primarily for a main building on a lot and provides at least 5% of the building's energy needs. 2. When a solar energy collection system is installed on a lot, accessory structures or vegetation on an abutting lot shall not be located as to block the solar collector's access to solar energy. The portion of a solar collector that is protected is that portion which: a. is located so as not to be shaded between the hours of 9:00 a.m. and 3:00 p.m. by a hypothetical 12 foot obstruction located on the lot line; and b. has an area not greater than one-half of the heated floor area of the structure served. 3. This subsection does not apply to structures or vegetation existing in an abutting lot at the time of installation ofthe solar energy collection system, or on the effective date of this Ordinance, whichever is 34 later. This subsection controls any accessory structures erected on, or vegetation planted in abutting lots after the installation of the solar energy collection system. 4. A statement that a solar energy collection system is installed on the lot shall be filed and recorded with the City Clerk, and the date of the installation shall be the date of the recording. Included will be a description of the site and location of the solar energy collection system. L Removal of Sod, Loam, and Gravel The removal of sod or loam or the removal of gravel or other mineral matter for commercial purposes shall be prohibited except by approval of the Board of Appeals. In acting upon applications under this Section, the following conditions shall be observed: 1. The Board of Appeals shall hold a public hearing after notifying all interested parties, as provided by Chapter 40A of the Massachusetts General Laws. 2. The applicant shall furnish a plan showing present and proposed conditions and state a time of completion. 3. The Board of Appeals shall consider the neighborhood and its future development in passing on applications. 4. The applicant shall furnish a performance bond of an amount determined by the Board of Appeals and surety satisfactory to the City Treasurer. 5. The applicant shall authorize the City to use the proceeds of the bond to restore the property to a condition not detrimental to the neighborhood or its future development if the work is not completed within two years of the proposed time. 6. No permits shall be granted for periods longer than five (5) years. This section shall not apply to excavation or grading for streets, driveways, or walks, or in relation to structures for which a permit has been granted according to City Ordinances, or to the construction and operation of wells for water supply or excavation of trenches for drainage or sanitary purposes, except in the case of new subdivisions, in 35 which case permission must be obtained from the Planning Board. Furthermore, this Section shall not apply to any earthwork within a new subdivision in which case permission must be obtained, from the Planning Board and the Planning Board must review the present and planned grades and drainage, and the earthwork must follow the approved subdivision plan. M Design Review Board 1. Purpose - the design review board shall review items for which building permits are sought and all proposals before the board of aldermen, board of appeals or planning board when such permits or proposals concern projects involving new construction or additions amounting to a twenty-five (25) percent or greater expansion of existing structures in the Central Commercial (CC), Neighborhood Commercial (CN), General Commercial (CG), Restricted Industrial (IR),*General Industrial (IG), and Waterfront District (WD) zones. Additionally, the design review board will review all projects which involve IDFA loans, and those projects involving special permits and zoning variances in the CC, CN, CG, IR, IG, and WD zones at the request of the building inspector, City Planner, Planning Board, Aldermen, or Mayor, the Design Review Board shall review any new construction or rehabilitation project in any commercial, industrial, or “WD” zoning district. The board shall also review all signs requiring a sign permit from the building inspector. The recommendations of the design review board will be in order to help guide physical changes, so that these changes shall carry out the design objectives of the "Waterfront Revitalization Phase II Report: (pp.4,5,&6), the building treatment recommendations of the "Downtown Revitalization Plan" (pp. 103-124) and the General Guidelines of the Beverly Sign Ordinance. 2. Appointment - the mayor shall appoint, subject to confirmation by the Board of Aldermen, a design review board to consist of seven (7) members: one (1) member shall be a representative from the Planning Staff, one (1) member from the Planning Board, one (1) member from the Board of Appeals, one (1) member from the Historic Commission and the remaining three (3) members shall include, if possible: one (1) architect, one (1) architect or landscape architect or graphic designer, and one (1) business person and/or property owner from one of the designated design review districts. 3. Term - for the three (3) appointed members, the mayor shall initially appoint one member for three (3) years, one for two (2) years, and one for oneyear. Thereafter, one member shall be appointed,-each year for a three year term. Vacancies shall be filled by appointment by the mayor and confirmation by the board of aldermen for the unexpired term. 36 4. Recommendation Procedure - The design review board shall, in cases where the planning board, zoning board of appeals or board of aldermen are involved, formally notify such board of a recommendation at least fourteen (14) days before a decision (vote or other action) is to be made. A representative from the Planning Staff may, in appropriate cases act as spokesman for the design review board and forward such recommendation to the appropriate board. In cases of building improvements or sign proposals under the design review board's jurisdiction where no planning board or zoning board of appeals action is necessary,a representative from the Planning Staff shall formally notify the building inspector of a recommendation before the applicant in question may obtain the necessary permits. In such cases, the building inspector shall be notified of a design review board recommendation within fourteen (14) days of building permit application. (M 1. - 4. Rev. 3-27-90) 5. The fees for the required reviews shall be as follows: Application fee for signs and canopies: $2.00 per Sq.Ft. Application fee for new building construction $100.00 (Ord. No. 43, 3-14-00) N PROHIBITION ON CONSTRUCTION NEAR WENHAM LAKE Other provisions of the zoning ordinance notwithstanding, no construction of any kind within 100' of Wenham Lake for residentially-used property, and no construction of any kind within 150' of Wenham Lake for property used for any purpose other than residential, shall be permitted. Governmental uses and buildings under the jurisdiction of the City of Beverly shall not be exempt except by two-thirds vote of the Board of Aldermen. (See also Section 29-30, Watershed Protection Overlay District) (Rev. 5-20-93) O Horticultural and Floricultural Activities Nothing in this Ordinance shall be deemed to prevent horticultural or floricultural activities for personal use or consumption and nothing in this Ordinance shall be deemed to prohibit the sale of horticultural or floricultural products grown entirely on the premises from which it is sold during 37 the months of May, June, July, August, and September, regardless of lot size. (Ord. No. 57, 9-5-95) P Towers and Antennae 1. All communication towers and antennae allowed via “special permit” and other like facilities to be erected to a maximum height one hundred feet (100') and be set back minimum distance of the total height plus twenty feet (20') to the nearest abutting property, measured from the center of the tower or structure. 2. Climbing access to the tower shall be limited by the installation of a fence with a locked gate around the tower base no lower than six feet (6') and constructed in such a manner as to restrict passage through said fence or by limiting tower climbing apparatus to no lower than ten feet (10') above ground. a. Other provisions of this Ordinance notwithstanding, televison and communication antennae may be erected on any governmentally-owned structure in any zoning district, and may be erected on any structure existing at the time of adoption of this Ordinance regardless of ownership in any non-residential zoning district, without a special permit: provided, however, that the antennae do not project more than twenty feet (20') above the top of the structures on which they are located. b. Special Permits shall not be required for television and communication antennae erected by non-commercial users for non-commercial purposes: provided, however, that such antennae must meet the height and setback requirements applicable to the zoning district in which they are located. (Ord. No. 28, 4-30-97) 38 29-6 COMMON PERMITTED USES A Government Uses Governmental uses and buildings under the jurisdiction of the City of Beverly are allowed in all districts. Educational uses located on land owned or leased by the Commonwealth of Massachusetts or any of its agencies, subdivisions, or bodies politic are allowed in all districts. Utility company terminal enclosures, service cabinets, and underground vaults are allowed in all districts, provided they are screened (see definition of screening). B Accessory Buildings in Residential Districts 1. Accessory buildings including detached garages, greenhouses, and tool sheds shall be permitted anywhere on the lot in a Residential District if they conform to the required front, rear, and side yard requirements, and do not exceed the greater of a) fifteen (15) feet in height or b) a height equal to one-half the distance to the nearest lot line, to a maximum of twenty-two (22) feet. In any Residential District, accessory buildings shall be permitted in the rear and side yards but shall not occupy more than twenty five percent (25%) of the area of such yards. (Ord. No. 169, 7-29-96) 2. Accessory buildings in the RHD, RMD, R-6 or R-10 zones shall be set back from side and/or rear lot lines by a distance not less than five feet. Accessory buildings in the R-15, R-22, R-45, or R-90 zoning districts and are 100 square feet or less in size and twelve (12) feet or less in height, may be set back from the side and/or rear lot line by a distance of not less than five feet. Accessory buildings exceeding 100 square feet in area and/or twelve (12) feet in height in the R-15, R- 22, R-45, and R-90 zoning districts must be required setbacks for that zone. (Ord. No. 169, 7-29-96) C Accessory Buildings in Other Districts Accessory buildings and uses required for and clearly incidental to the principal building or use in districts other than Residential districts are permitted. 39 D Uses Allowed by Special Permit Uses, not on the same parcel as activities permitted by rightbut which are accessory to activities permitted by right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a Special Permit provided the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good. E Swimming Pools and Tennis Courts 1. All such uses shall be permitted in side or rear yards but with a minimum setback from any lot line of five (5) feet for tennis courts and ten (10) feet for swimming pools. Tennis courts or swimming pools may be in the front yard if the front yard and side yard setback requirements are followed. 2. Any private swimming pool shall be enclosed by a safety fence of not less than four (4) feet in height. No pool shall be filled with water before a temporary or permanent fence has been erected. For above-ground pools four (4) feet or more in height, there shall be a minimum of a four (4) foot high fence with a self-closing gate and latch around the ladder access. All temporary fences used for construction purposes shall be replaced by a permanent fence enclosure immediately upon completion of construction. 40 29-7 R-90 ONE-FAMILY DISTRICT A General Description This district is established to principally providefor single-family detached residences on large lots (approximately 2 acres minimum). Related recreational, agricultural, and educational facilities are allowed under special conditions. B Uses by Right Property and buildings shall be used only for the following purposes: 1. Detached one-family dwelling. 2. Historic site including historic dwellings, or museum not operated for profit. 3. Sanitary landfill facilities; provided that the same are operated by the municipality or pursuant to a municipal lease or license. 4. Home occupation as defined herein. 5. Agricultural, horticultural, and floricultural (as defined in M.G.L. Chapter 61A) uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of five (5)acres. (Ord. No. 57, 1-2-96) 6. Those uses, including accessory buildings, allowed by right under Section 29-6. C Uses By Special Permit The following uses are only allowed by a Special Permit, granted by the Board of Appeals: 1. Planned residential development, subject to the provisions of Section 29-23.A. below. 2. Subsidized elderly housing. 3. Golf club, beach club, or tennis club. 4. Commercial marina for the sale, mooring, and rental of boats. 5. Private, non-commercial stable. 6. Commercial riding stable. 7. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 8. Bed & breakfast establishments. (Rev. 3-19-91) 9. Those uses, including accessory uses, allowed by Special Permit under Section 29-6. 10. Pork-chop lots on streets in existence prior to December, 1984, subject to the provisions of section 29-5.1. above. 11. Horticultural and floricultural (as defined by M.G.L. Chapter 61A) uses on lots with at least one (1) acre but less than five (5) acres. (Ord. No. 57, 1-2-96) 12. Commercial Mobile Radio Service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96) 41 D Building and Area Requirements 1. Minimum lot area: 90,000 square feet 2. Minimum lot frontage: 225 feet (Rev. 7-1-92) 3. Minimum front yard setback: 30 feet 4. Minimum side yard setback: 20 feet 5. minimum rear yard setback: 25 feet 6. Maximum building height: 35 feet 7. For "Cluster" development, see Section 29-23B. E Parking Requirements 1. off-street parking shall be in accordance with the requirements set forth in Section 29-24 below. F Sign Requirements 1. All signs in the R-90 District shall conform to the regulations set forth in Section 29-25 below. G Special Requirements 1. No major recreational equipment as defined herein shall be parked or stored in the District, except in a carport, or enclosed buildings, or in the side yard or rear yard area. No such equipment shall be used for living, sleeping, or housekeeping purposes on the lot on which it is stored. 42 29-8 R-45 - ONE-FAMILY DISTRICT A General Description This district is established to principally provide for single-family detached residences at suburban density on moderately large lots (approximately 1 acre minimum). Related recreational, agricultural, and educational facilities are allowed under special conditions. B Uses by Right Property and buildings shall be used only for the following purposes: 1. Detached one-family dwelling. 2. Historic site including historic dwellings, or museum not operated for profit. 3. Sanitary landfill facilities; provided that the same are operated by the municipality or pursuant to a municipal lease or license. 4. Home occupation as defined herein. 5. Agricultural, horticultural, and floricultural (As defined in M.G.L. Chapter 61A)uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of five (5)acres. (Ord. No. 57, 1-2-96) 6. Those uses, including accessory buildings, allowed by right under Section 29-6. C Uses By Special Permit The following uses are only allowed by a Special Permit, granted by the Board of Appeals: 1. Planned residential development, on a minimum lot size of ten (10) acres, subject to the provisions of Section 29-23.A. below. 2. Subsidized elderly housing. 3. Golf club, beach club, or tennis club. 4. Commercial marina for the sale, mooring, and rental of boats. 5. Private, non-commercial stable. 6. Commercial riding stable. 7. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 8. Bed & breakfast establishments. (Rev. 3-19-91) 9. Those uses, including accessory uses, allowed by Special Permit under Section 29-6. 43 10. Pork-chop lots on streets in existence prior to December, 1984, subject to the provisions of Section 29-5.1. above. 11. Horticultural and floricultural (as defined by M.G.L. Chapter 61A) uses on lots with at least one (1) acre but less than five (5) acres. (Ord. No. 57, 1-2-96) 12. Commercial Mobile Radio Service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96) D Building and Area Requirements 1. Minimum lot area: 45,000 square feet 2. Minimum lot frontage: 175 feet (Rev. 7-1-92) 3. Minimum front yard setback: 30 feet 4. Minimum side yard setback: 20 feet 5. Minimum rear yard setback: 25 feet 6. Maximum building height: 35 feet 7. For "Cluster" development, see Section 29-23.B. E Parking Requirements 1. Off-street parking shall be in accordance with the requirements set forth in Section 29-24 below. F Sign Requirements 1. All signs in the R-45 District shall conform to the regulations set forth in Section 29-25 below. G Special Requirements 1. No major recreational equipment as defined herein shall be parked or stored in the District, except in a carport, or enclosed buildings, or in the side yard or rear yard area. No such equipment shall be used for living, sleeping, or housekeeping purposes on the lot on which it is stored. 44 29-9 R-22 - ONE-FAMILY DISTRICT A General Description This district is established to principally provide for single-family detached residences at suburban density on medium sized lots (approximately 1/2 acre minimum). Related recreational, agricultural, and educational facilities are allowed under special conditions. B Uses by Right Property and buildings shall be used only for the following purposes: 1. Detached one-family dwelling. 2. Historic site including historic dwellings, or museum not operated for profit. 3. Sanitary landfill facilities; provided that the same are operated by the municipality or pursuant to a municipal lease or license. 4.Home occupation as definedherein. 5. Agricultural, horticultural, and floricultural (as defined in M.G.L. Chapter 61A)uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of five (5) acres. (Ord. No. 57, 1-2-96) 6. Those uses, including accessory buildings, allowed by right under Section 29-6. C Uses By Special Permit The following uses are only allowed by a Special Permit, granted by the Board of Appeals: 1. Planned residential development, subject to the provisions of Section 29-23.A. below. 2. Subsidized elderly housing. 3. Commercial marina for the sale, mooring, and rental of boats. 4. Private, non-commercial stable. 5. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 6. Bed and breakfast establishments. (Rev. 3-19-91) 7. Those uses, including accessory uses, allowed by Special Permit under Section 29-6. 8. Pork-chop lots on streets in existence prior to December, 1984, subject to the provisions of Section 29-5.1. above. 9. Horticultural and floricultural (as defined by M.G.L. Chapter 61A) uses on lots with at least one (1) acre but less than five (5) acres. (Ord. No. 57, 1-2-96) 10. Commercial Mobile Radio Service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96) 45 D Building and Area Requirements 1. Minimum lot area: 22,000 square feet 2. Minimum lot frontage: 150 feet (Rev. 7-1-92) 3. Minimum front yard setback: 30 feet 4. Minimum side yard setback: 15 feet 5. Minimum-rear yard setback: 25 feet 6. Maximum building height: 35 feet 7. For "Cluster" development, see Section 29-23.B. E Parking Requirements 1. Off-street parking shall be in accordance with the requirements set forth in Section 29-24 below. F Sign Requirements 1. All signs in the R-22 District shall conform to the . regulations set forth in Section 29-25 below. G Special Requirements 1. No major recreational equipment as defined herein shall be parked or stored in the District, except in a carport, or enclosed buildings, or in the side yard or rear yard area. No such equipment shall be used for living, sleeping, or housekeeping purposes on the lot on which it is stored. 46 29-10 R-15 - ONE-FAMILY DISTRICT A General Description This district is established to principally provide for single-family detached residences at urban density on medium sized lots (approximately 1/3 acre minimum). Related recreational, agricultural, and educational facilities are allowed under special conditions. B Uses by Right Property and buildings shall be used only for the following purposes: 1. Detached one-family dwelling. 2. Historic site including historic dwellings, or museum not operated for profit. 3. Sanitary landfill facilities; provided that the same are operated by the municipality or pursuant to a municipal lease or license. 4. Home occupation as defined herein. 5. Agricultural, horticultural, and floricultural (as defined in M.G.L. Chapter 61A) uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of five (5) acres. (Ord. No. 57, 1-2-96) 6. Those uses, including accessory buildings, allowed by right under Section 29-6. C Uses By Special Permit The following uses are only allowed by a Special Permit, granted by the Board of Appeals: 1. Planned residential development, subject to the provisions of Section 29-23.A. below. 2. Subsidized elderly housing. 3. Commercial marina for the sale, mooring, and rental of boats. 4. Private, non-commercial stable. 5. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 6. Bed and breakfast establishments. (Rev. 3-19-91) 7. Those uses, including accessory uses, allowed by Special Permit under Section 29-6. 8. Pork-chop lots on streets in existence prior to December, 1984, subject to the provisions of Section 29-5.1. above. 9. Horticultural and floricultural (as defined by M.G.L. Chapter 61A) uses on lots with at least one (1) acre but less than five (5) acres. (Ord. No. 57, 1-2-96) 47 10. Commercial Mobile Radio Service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96) 48 D Building and Area Requirements 1. Minimum lot area: 15,000 square feet 2. Minimum lot frontage: 125 feet (Rev. 7-1-92) 3. Minimum front yard setback: 30 feet 4. Minimum side yard setback: 15 feet 5. Minimum rear yard setback: 25 feet 6. Maximum building height: 35 feet 7. For "Cluster" development, see Section 29-23.B. E Parking Requirements 1. Off-street parking shall be in accordance with the requirements set forth in Section 29-24 below. F Sign Requirements 1. All signs in the R-15 District shall conform to the regulations set forth in Section 29-25 below. G Special Requirements 1. No major recreational equipment as defined herein shall be parked or stored in the District, except in a carport, or enclosed buildings, or in the side yard or rear yard area. No such equipment shall be used for living, sleeping, or housekeeping purposes on the lot on which it is stored. 49 29-11 R-10 - ONE-FAMILY DISTRICT A General Description This district is established to principally provide for single-family detached residences at urban density on small sized lots (approximately 1/4 acre minimum). Related recreational, agricultural, and educational facilities are allowed under special conditions. B Uses by Right Property and buildings shall be used only for the following purposes: 1. Detached one-family dwelling. 2. Historic site including historic dwellings, or museum not operated for profit. 3. Sanitary landfill facilities; provided that the same are operated by the municipality or pursuant to a municipal lease or license. 4. Home occupation as defined herein. 5. Agricultural, horticultural, and floricultural (as defined in M. G. L. Chapter 61A) uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of five (5) acres. (Ord. No. 57, 1-2-96) 6. Those uses, including accessory buildings, allowed by right under Section 29-6. C Uses By Special Permit The following uses are only allowed by a Special Permit, granted by the Board of Appeals: 1. Subsidized elderly housing. 2. Commercial marina for the sale, mooring, and rental of boats. 3. Private, non-commercial stable. 4. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 5. Bed and breakfast establishments. (Rev. 3-19-91) 6. Those uses, including accessory uses, allowed by Special Permit under Section 29-6. 7. Pork-chop lots on streets in existence prior to December, 1984, subject to the provisions of Section 29-5.1. above. 8. Horticultural and floricultural (as defined by M.G.L. Chapter 61A) uses on lots with at least one (1) acre but less than five (5) acres. (Ord. No. 57, 1-2-96) 9. Commercial Mobile Radio Service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96) 50 D Building and Area Requirements 1. Minimum lot area: 10,000 square feet 2. Minimumlot frontage: 100 feet (Rev. 7-1-92) 3. Minimum front yard setback: 20 feet 4. Minimum side yard setback: 15 feet 5. Minimum-rear yard setback: 25 feet 6. Maximum building height: 35 feet 7. For "Cluster" development, see Section 29-23.B. E Parking Requirements 1. Off-street parking shall be in accordance with the requirements set forth in Section 29-24 below. F Sign Requirements 1. All signs in the R-10 District shall conform to the regulations set forth in Section 29-25 below. G Special Requirements 1. No major recreational equipment as defined herein shall be parked or stored in the District, except in a carport, or enclosed buildings, or in the side yard or rear yard area. No such equipment shall be used for living, sleeping, or housekeeping purposes on the lot on which it is stored. 51 29-12 R-6 - ONE-FAMILY AND TWO-FAMILY DISTRICT A General Description This district is established to provide for single-family and two-family residences at urban density on small sized lots (6,000 square foot minimum). Related recreational, agricultural, and educational facilities are allowed under special conditions. B Uses by Right Property and buildings shall be used only for the following purposes: 1. Detached one-family dwelling. 2. Semi-detached dwelling and two-family dwelling. 3. Historic site including historicdwellings, or museum not operated for profit. 4. Sanitary landfill facilities; provided that the same are operated by the municipality or pursuant to a municipal lease or license. 5. Home occupation as defined herein. 6. Agricultural, horticultural, and floricultural (as defined in M.G.L. Chapter 61A) uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of five (5)acres. (Ord. No. 57, 1-2-96) 7. Those uses, including accessory buildings, allowed by right under Section 29-6. C Uses By Special Permit The following uses are only allowed by a Special Permit, granted by the Board of Appeals: 1. Subsidized elderly housing. 2. Commercial marina for the sale, mooring, and rental of boats. 3. Private, non-commercial stable. 4. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 5. Bed and breakfast establishments. (Rev. 3-19-91) 6. Those uses, including accessory uses, allowed by Special Permit under Section 29-6. 7. Pork-chop lots on streets in existence prior to December, 1984, subject to the provisions of section 29-5.1. above. 8. Horticultural and floricultural (as defined by M.G.L. Chapter 61A) uses on lots with at least one (1) acre but less than five (5) acres. (Ord. No. 57, 1-2-96) 9. Commercial Mobile Radio Service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96) 52 D Building and Area Requirements 1. Minimum lot area,. 6,000 square feet plus 1,000 square feet for one additional dwelling unit: Minimum lot area for semi-detached dwelling unit: 3,500 square feet. 2. Minimum lot frontage: 65 feet (Rev. 7-1-92) Minimum lot width for semi-detached dwelling unit: 40 feet 3. Minimum front yard setback: 20 feet 4. Minimum side yard setback: 10 feet Minimum side yard setback for semi-detached dwelling unit: 15 feet (one side only) 5. Minimum rear yard setback: 25 feet 6. Maximum building height: 35 feet E Parking Requirements 1. Off-street parking shall be in accordance with the requirements set forth in Section 29-24 below. F Sign Requirements 1. All signs in the R-6 District shall conform to the regulations set forth in Section 29-25 below. G Special Requirements 1. No major recreational equipment as defined herein shall be parked or stored in the District, except in a carport, or enclosed buildings, or in the side yard or rear yard area. No such equipment shall be used for living, sleeping, or housekeeping purposes on the lot on which it is stored. 53 29-13 RMD - MULTI-FAMILY DISTRICT A General Description This district is established to provide for multi-family residences at medium density. Related recreational, agricultural, and educational facilities are allowed under special conditions. B Uses by Right Property and buildings shall be used only for the following purposes: 1. Detached one-family dwelling. 2. Semi-detached dwelling and two-family dwelling. 3. Multi-family dwelling or apartment house, subject to the requirements of Section H below. 4. Historic site including historic dwellings, or museum not . operated for profit 5. Subsidized elderly housing. 6. Sanitary landfill facilities; provided that the same -are operated by the municipality or pursuant to a municipal lease or license. 7. Home occupation as defined herein. 8. Agricultural, horticultural, and floricultural (as defined in M.G.L. Chapter 61A) uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of five (5)acres. (Ord. No. 57, 1-2-96) 9. Those uses, including accessory buildings, allowed by right under Section 29-6. C Uses By Special Permit The following uses are only allowed by a Special Permit, granted by the Board of Appeals: 1. Planned residential development, subject to the provisions of Section 29-23.A. 2. Commercial marina for the sale, mooring, and rental of boats. 3. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 4. Bed and breakfast establishments. (Rev. 3-19-91) 5. Those uses, including accessory uses, allowed by Special Permit under Section 29-6. 6. Pork-chop lots on streets in existence prior to December, 1984, subject to the provisions of Section 29-5.1. above. 7. Horticultural and floricultural (as defined by M.G.L. 54 Chapter 61A) uses on lots with at least one (1) acre but less than five (5) acres. (Ord. No. 57, 1-2-96) 8. Commercial Mobile Radio Service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96) D Building and Area Requirements 1. Minimum lot area: 8,000 square feet plus 4,000 square feet for each additional dwelling unit-over two. Minimum lot area for semi-detached dwelling unit: 3,500 square feet. (Rev. 10-8-87) 2. Minimum lot frontage: 65 feet (Rev. 7-1-92) Minimum lot width for semi-detached dwelling unit: 40 feet 3. Minimum front yard setback: 20 feet 4. Minimum side yard setback: 10 feet Minimum side yard setback for semi-detached dwelling unit: 15 feet (one side only) 5. Minimum rear yard setback: 20 feet 6. Maximum building height: 35 feet E Parking Requirements 1. Off-street parking shall be in accordance with the requirements set forth in Section 29-24 below. F Sign Requirements 1. All signs in the RMD District shall conform to the regulations set forth in Section 29-25 below. G Special Requirements 1. No major recreational equipment as defined herein shall be parked or stored in the District, except in a carport, or enclosed buildings, or in the side yard or rear yard area. No such equipment shall be used for living, sleeping, or housekeeping purposes on the lot on which it is stored. H Special Requirements for Multiple Dwellings The development of multiple dwellings which includes town-houses shall be in accordance with the density and dimensional requirements of Section D above, and the following: 1. No multiple dwelling shall measure more than 125 feet on its long side; except that where front and rear setback offsets of at least three (3) feet are provided at 50 foot intervals more or less, the length of said dwelling shall not exceed a length of 200 feet. 2. In multiple dwelling groups, the minimum spacing 55 between buildings shall be as follows: front-to-front, front-to-rear, and rear-to-rear 60 feet; end-to-end 56 (with facing windows) - not less than their average height; end-to- end (without facing windows) or corner-to-corner-(offset) - not less than one-half of their height. Front-to-rear siting shall be avoided if at all practicable. 3. Interior private ways shall have a minimum width of 24 feet for two- way traffic and 18 feet for one-way traffic and shall be paved in accordance with City specifications. Minimum building setbacks from such private access drives shall be 35 feet and 30 feet, respectively, from the centerlines thereof. (Rev. 7-1-92) 4. All multiple-family dwellings shall be served by public or equivalent sanitary sewer and water systems. No building permit shall be granted unless the Building Inspector shall first receive a report from the Commissioner of Public Works that provision has been made for the disposal of sewage into the system of sufficient capacity. 5. All electrical and telephone service shall be provided underground to all buildings within a multiple dwelling group project. Antennae for the purposes of television reception shall be provided within a building wherever practicable, or else by one master antennae for the project. 6. No multiple dwelling group nor any individual multiple dwelling shall be permitted unless provision shall be made for adequate snow removal and trash and garbage disposal. 7. Sufficient enclosed area and equipment shall be provided within each multiple-family dwelling for laundering and drying purposes. No outside area shall be provided for such purposes, unless such area is enclosed by a solid screen of evergreen shrubs or fencing at least six (6) feet high. 8. A plan showing recreational facilities must be approved by the Planning Board. The area shall be a minimum of 10% of the gross area of the site and shall be contiguous. 57 29-14 RHD - MULTI-FAMILY DISTRICT A General Description This district is established to provide principally for multi-family residences at high density. Related recreational, agricultural, and educational facilities as well as elderly housing, rooming and boarding houses, and health clubs are allowed under special conditions. B Uses by Right Property and buildings shall be used only for the following purposes: 1. Detached one-family dwelling. 2. Semi-detached dwelling and two-family dwelling. 3. Multi-family dwelling or apartment house, subject to the requirements of Section H below. 4. Historic site including historic dwellings, or museum not operated for profit. 5. Subsidized elderly housing. 6. Sanitary landfill facilities; provided that the same are operated by the municipality or pursuant to a municipal lease or license. 7. Home occupation as defined herein. 8. Agricultural, horticultural, and floricultural (as defined in M.G.L. Chapter 61A)uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of five (5)acres. (Ord. No. 57, 1-2-96) 9. Those uses, including accessory buildings, allowed by right under Section 29-6. C Uses By Special Permit The following uses are only allowed by a Special Permit, granted by the Board of Appeals: 1. Rooming, lodging, or boarding house. 2. Gymnasium, health club, commercial swimming pool. 3. Private or quasi-public club, charitable institution, or community service organization except where the chief activity is a service customarily carried on as a business. 4. Commercial marina for the sale, mooring, and rental of boats. 5. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 58 6. Bed and breakfast establishments. (Rev. 3-19-91) 7. Pork-chop lots on streets in existence prior to December, 1984, subject to the provisions of Section 29-5.1. above. 8. Parking lot for commercial use in adjoining commercial District. 9. Those uses, including accessory uses, allowed by Special Permit under Section 29-6. 10. Horticultural and floricultural (as defined by M.G.L. Chapter 61A) uses on lots with at least one (1) acre but less than five (5) acres. (Ord. No. 57, 1-2-96) 11. Commercial Mobile Radio Service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96) D Building and Area Requirements 1. Minimum lot area: 6,000 square feet plus 3,000 square feet for each additional dwelling unit over two. Minimum lot area for semi-detached dwelling unit: 3,500 square feet. (Rev. 6-26-87) 2. Minimum lot frontage: 50 feet Minimum lot width for semi-detached dwelling unit: 40 feet (Rev. 6-26-87) 3. Minimum front yard setback: 15 feet (Rev. 6-26-87) 4. Minimum side yard setback: 10 feet,15 feet if over three (3) stories Minimum side yard setback for semi-detached dwelling unit: 15 feet (one side only) 5. Minimum rear yard setback: 20 feet 6. Maximum building height: 55 feet (Rev. 10-9-87) E Parking Requirements 1. Off-street parking shall be in accordance with the requirements set forth in Section 29-24 below. F Sign Requirements 1. All signs in the RHD District shall conform to the regulations set forth in Section 29-25 below. G Special Requirements 1. No major recreational equipment as defined herein shall be parked or stored in the District, except in a carport, or enclosed buildings, or in the side yard or rear yard area. No such equipment shall be used for living, sleeping, or housekeeping purposes on the lot on which it is stored. H Special Requirements for Multiple Dwellings The development of multiple dwellings which includes town-houses shall be in accordance with the density and dimensional requirements of Section D above, and the following: 59 1. No multiple dwelling shall measure more than 125 feet on its long side; except that where front and rear setback offsets of at least three (3) feet are provided at 50 foot intervals more or less, the length of said dwelling shall not exceed a length of 200 feet. 2. In multiple dwelling groups, the minimum spacing between buildings shall be as follows: front-to-front, .front-to-rear, and rear-to-rear 60 feet; end-to-end (with facing windows) - not less than their average height; end-to-end (without facing windows) or corner-to- corner (offset) - not less than one-half of their height. Front-to- rear siting shall be avoided if at all practicable. 3. Interior private ways shall have a minimum width of 24 feet for two- way traffic and 18 feet for one-way traffic and shall be paved in accordance with City specifications. Minimum building setbacks from such private access drives shall be 35 feet and 30 feet, respectively, from the centerlines thereof. 4. All multiple-family dwellings shall be served by public or equivalent sanitary sewer and water systems. No building permit shall be granted unless the Building Inspector shall first receive a report from the Commissioner of Public Works that provision has been made for the disposal of sewage into the system of sufficient capacity. 5. All electrical and telephone service shall be provided underground to all buildings within a multiple dwelling group project. Antennae for the purposes of television reception shall be provided within a building wherever practicable, or else by one master antennae for the project. 6. No multiple dwelling group nor any individual multiple dwelling shall be permitted unless provision shall be made for adequate snow removal and trash and garbage disposal. 7. Sufficient enclosed area and equipment shall be provided within each multiple-family dwelling for laundering and drying purposes. No outside area shall be provided for such purposes, unless such area is enclosed by a solid screen of evergreen shrubs or fencing at least six (6) feet high. 8. A plan showing recreational facilities must be approved by the Planning Board. The area shall be a minimum of 10% of the gross area of the site and shall be contiguous. 60 29-15 RSD SPECIAL RESIDENTIAL DISTRICT A General Description This district is established to provide principally for special residential development at high density, as well as one-family, two-family, and multi-family residences at high density. Related recreational, agricultural, and educational facilities as well as elderly housing, health, golf, and tennis clubs are allowed under special conditions. B Uses by Right Property and buildings shall be used only for the following purposes: 1. Detached one-family dwelling. 2. Semi-detached dwelling and two-family dwelling. 3. Multi-family dwelling or apartment house, subject to the requirements of Section H below. 4. Planned residential development, subject to the provisions of Section 29-23.A. below. 5. Subsidized elderly housing. 6. Gymnasium, health club, commercial swimming pool, subject to the provisions of Section G.2 below. 7. Golf club, beach club, tennis club, subject to the provisions of Section G.2 below. S. Historic site including historic dwellings, or museum not operated for profit. 9. Sanitary landfill facilities; provided that the same are operated by the municipality or pursuant to a municipal lease or license. 10. Home occupation as defined herein. 11. Retail establishment serving local area needs including, but not limited to, drug, grocery and baked goods store with up to 5,000 square feet of floor area per establishment, subject to he provisions of Section G.2. below. 12. Personal and consumer service establishments including, but not limited to, barber or beauty shop and laundromat, subject to the provisions of Section G.2 below. 13. Restaurant selling food for consumption entirely on the premises, subject to the provisions of Section G.2 below. 14. Agricultural, horticultural, and floricultural (as defined in M.G.L. Chapter 61A)uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of five (5)acres. (Ord. No. 57, 1-2-96) 15. Those uses, including accessory buildings, allowed by right under Section 29-6. 61 C Uses By Special Permit The following uses are only allowed by a Special Permit, granted by the Board of Appeals: 1. Private or quasi-public club, charitable institution, or community service organization except where the chief activity is a service customarily carried on as a business. 2. Commercial marina for the sale, mooring, and rental of boats. 3. Private, non-commercial stable. 4. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 5. Pork-chop lots on streets in existence prior to December, 1984, subject to the provisions of Section 29-5.1. above. . 6Bed and breakfastestablishments. (Rev. 3-19-91) 7. Those uses, including accessory uses, allowed by Special Permit under Section 29-6. 8. Horticultural and floricultural (as defined by M.G.L. Chapter 61A) uses on lots with at least one (1) acre but less than five (5) acres. (Ord. No. 57, 1-2-96) 9. Commercial Mobile Radio Service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96) D Building and Area Requirements 1. The lot on which the building or group of buildings are constructed shall have a minimum area of 3,600 square feet for each dwelling unit in the development. Maximum coverage by buildings (not including the landscaped exterior of underground garage space) shall not exceed fifteen percent (15%) of the gross area of the lot or tract. Said lot or tract may have roads or ways constructed thereon, and the approval of said roads or ways by the Beverly Planning Board under the Subdivision Control Law (Mass. G.L. Chapter 41) shall not be deemed to divide said lot or tract into two or more lots or tracts. 2. No multiple dwelling shall measure more than 125 feet on its long side; except that where front and rear setback offsets of at least three (3) feet are provided at 50 foot intervals more or less, the length of said dwelling shall not exceed a length of 200 feet. 3. Accessory commercial uses permitted by this Ordinance shall not occupy more than two percent (2%) of the total gross floor space of multi-family dwellings. No exterior signs advertising such uses and no illuminated interior signs displayed in windows shall be permitted. 4. Except for fences, walls, gardens, and landscape features, no dwelling or structure shall be erected closer than two hundred (200) feet from the boundary line of land located in another district. 62 5. No building shall exceed 55 feet in height measured from the level of the principal entrance. (Rev. 6-26-87) 6. Not more than fifteen percent (15%) of the dwelling units within the district shall contain, three (3) or more bedrooms. 7. In multiple dwelling groups, the minimum spacing between buildings shall be as follows: front-to-front, front-to-rear, and rear-to-rear 60 feet; end-to-end (with facing windows) - not less than their average height; end-to-end (without facing windows) or corner-to-corner (offset) - not less than one-half of their height. Front-to-rear siting shall be avoided if at all practicable. 8. Interior private ways shall have a minimum width of 24 feet for two-way traffic and 18 feet for one-way traffic and shall be paved in accordance with the applicable rules and regulations of the Planning Board adopted under said Subdivision Control Law. Buildings other than carports or garages shall be set back not less than thirty-five (35) feet from the centerline of two-way interior private ways and not less than thirty (30) feet from the centerline of one-way interior private ways. Paved off-street parking spaces adjacent to such ways shall not be considered as part of said ways for purposes of computing the dwelling building setbacks therefrom. 9. All multiple-family dwellings shall be served by public or equivalent sanitary sewer and water systems. No building permit shall be granted unless the Building Inspector shall first receive a report from the Commissioner of Public Works that provision has been made for the disposal of sewage into the system of sufficient capacity. 10. All electrical and telephone service shall be provided underground to all buildings within a multiple dwelling group project. No building shall have more than one exterior television or radio antenna. 11. Sufficient enclosed area and equipment shall be provided within each multiple-family dwelling for laundering and drying purposes. No outside area shall be provided for such purposes, unless such area is enclosed by a solid screen of evergreen shrubs or fencing at least six (6) feet high. 12. No multiple dwelling group nor any individual multiple dwelling shall be permitted unless provision shall be made for adequate snow removal and trash and garbage disposal. 63 13. A plan showing recreational facilities must be approved by the Planning Board. The area shall be a minimum of 10% of the gross area of the site and shall be contiguous. 14. A site plan of the proposed development, including the location, length, and layout of proposed buildings, structures, roads, parking areas, recreational facilities, utilities, and other improvements must be approved by the Planning Board. E Parking Requirements 1. At least two (2) paved off-street parking spaces shall be provided for each dwelling unit. 2. Off-street parking for other uses shall be in accordance with the requirements set forth in Section 29-24 below. F Sign Requirements 1. All signs in the RSD District shall conform to the regulations set forth in Section 29-25 below. G Special Requirements 1. No major recreational equipment as defined herein shall be parked or stored in the District, except in a carport, or enclosed buildings, or in the side yard or rear-yard area. No such equipment shall be used for living, sleeping, or housekeeping purposes on the lot on which it is stored. 2. Commercial and recreational uses clearly accessory or incidental to the principal use of the RSD District shall be permitted on the approval of a site plan by the Planning Board. Other commercial and recreational uses shall be allowed upon the approval of a site plan thereof by the Planning Board and upon the granting of a special permit therefor by the Board of Appeals. 29-16 CN - NEIGHBORHOOD COMMERCIAL DISTRICT A General Description This district is established principally to allow for limited commercial development adjacent to residential neighborhoods, intended to serve primarily those neighborhoods. B Uses by Right Property and buildings shall be used only for the following purposes: 1. Detached one-family dwelling. 2. Semi-detached and two-family dwellings. 3. One or more dwellings in a permitted commercial building. (Rev. 6-26-87) 64 4. Historic site including historic dwellings, or museum not operated for profit. 5. Sanitary landfill facilities, provided that the same are operated by the municipality, or pursuant to a municipal lease or license. 6. Home occupation as defined herein. 7. Retail establishment serving local area needs including, but not limited to, drug, grocery, baked goods store, and photo processing stores, with up to 5,000 square feet of floor area per establishment. 8. Personal and consumer service establishments including, but not limited to, barber or beauty shop and laundromat. 9. Business and professional offices; banks. 10. Funeral home. 11. Agricultural, horticultural, and floricultural uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of 5,000 square feet. 12. Accessory buildings and uses required for and clearly incidental to the principal building or use are permitted. 13. Any use allowed by right under Section 29-6. C Uses by Special Permit The following uses are only allowed by Special Permit, granted by the Board of Appeals: 1. Subsidized elderly housing. 2. Other private or quasi-public club, charitable institution, or community service organization except where the chief activity is a service customarily carried on as a business. 65 3. Commercial marina for the sale, mooring, and rental of boats. 4. Private, non-commercial stable. 5. Restaurant selling food for consumption entirely on the premises. 6. Taxi, rail, bus passenger terminal. 7. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 8. Bed and breakfast establishments. (Rev. 3-19-91) 9. Any use, including accessory uses, allowed by Special Permit under Section 29-6. 10. Commercial Mobile Radio Service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96) D Building and Area Requirements 1. Dimensional requirements are the same as the least restrictive adjacent residential district. E Parking Requirements 1. Off-street parking shall be in accordance with the requirements set forth in Section 29-24 below. F Sign Requirements 1. All signs in the CN District shall conform to the regulations set forth in Section 29-25 below. G Special Requirements 1. Screening of conflicting uses - at the time of occupancy of a new non-residential use, or the expansion of the outside outline of an existing non-residential use of any lot in an industrial or commercial district, there shall be a bufferyard along each boundary which adjoins an 11R" District or use. This bufferyard shall consist of landscaped plantings, including evergreens, the plantings to be of such height and density as is needed to adequately screen from view, any light glare, parking lots, loading bays, accessory buildings or uses. Fences, walls, and earthen berms may be included as part of the bufferyard, but shall not be used in place of the landscaped screening. The adequacy of screening and landscaping shall be approved by the Building Inspector, after consultation with the Planning Board, and shall be incorporated in the Building Inspector's records. In the event a Special Permit or site plan 66 review is required, the Planting Plan shall be considered in this review. Required screening and landscaping shall be in good condition and appearance. Failure to maintain same shall be deemed a violation of this Ordinance, and shall be subject to the enforcement procedures contained herein. (Rev. 6-26-87) 2. No retail or commercial establishment may operate between the hours of 12:00 midnight and 5:00 A.M. (Rev. 9-5-91) 67 29-17 CC - CENTRAL BUSINESS DISTRICT A General Description This district is established to provide principally for a central commercial business district. B Uses by Right Property and buildings shall be used only for the following purposes: 1. Detached one-family dwelling. 2. Semi-detached and two-family dwelling. 3. One or more dwellings in a permitted commercial building, provided the floor area of the dwellings does not exceed 75% of the total floor area of the building and further provided that the minimum 25% commercial space is located on the first floor of the structure. (Rev. 6-26-87) 4. Subsidized elderly housing, subject to the provisions of Section 29-17D. below. 5. Historic site including historic dwellings, or museum not operated for profit. 6. Sanitary landfill facilities, provided that the same are operated by the municipality, or pursuant to a municipal lease or license. 7. Home occupation as defined herein. 8. Retail establishments. 9. Personal and consumer service establishments including, but not limited to, barber or beauty shop and laundromat. 10. Business and professional offices; banks. 11. Funeral home. 12. Restaurant selling food for consumption entirely on the premises. 13. Agriculture, horticultural, and floricultural uses and expansion or reconstruction of existing structures relating thereto a minimum lot size of 5,000 square feet.(Rev. 6-26-87) 14. Administrative offices, data processing centers, and laboratory for scientific and industrial research including testing and product development. (Rev. 6-26-87) 15. Printing and publishing establishment, including photostatic copying. 16. Taxi, rail, bus passenger terminal. 17. Accessory buildings and uses required for and clearly incidental to the principal building or use are permitted. 18. Those uses allowed by right under Section 29-6. C Uses by Special Permit 68 The following uses are only allowed by Special Permit, granted by the PlanningBoard: 1. Multi-family dwelling or apartment house in which the residential use comprises from 76% to 100% of the total floor area of the building, subject to the requirements of Section H below. (Rev. 6-26-87) 2. Rooming, lodging, or boarding house. 3. Gymnasium, health club, commercial swimming pool. 4. Other private or quasi-public club, charitable institution, or community service organization except where the chief activity is a service customarily carried on as a business. 5. Commercial marina for the sale, mooring, and rental of boats. 6. Private, non-commercial stable. 7. Hotel or motel. 8. Place of commercial recreation such as a theater, bowling alley, roller skating rink or ice skating rink where the use is conducted entirely indoors. For purposes of this subsection, the term commercial-indoor recreation does not include those uses regulated by M.G.L. Chapter 140, Section 183A. (Rev. 5-20-93) 9. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 10. Parking lots or garages as principal use of the lot. 11. Those uses, including accessory uses, allowed by Special permit under Section 29-6. 12. Commercial Mobile Radio Service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96) The following uses are only allowed by Special Permit, granted by the Board of Appeals: 1. Bed and Breakfast establishments. (Rev. 3-19-91) D Building and Area Requirements 1. Commercial uses, residential uses or combined commercial/residential uses on "CC" - zoned lots with side and/or rear yards abutting a residential zoning district: a. minimum lot area - none for 100% commercial use; 1,000 sq. ft. of total lot area per dwelling unit for residential use b. minimum lot frontage - none for 100% commercial use; 50 feet for residential use C. minimum front yard setback - none 69 d. minimum side yard setback 10 feet, 15 feet if building is over 3 stories for that side yard which abuts the side or rear yard of a residentially zoned lot e. minimum rear yard setback - 20 feet - if the rear yard abuts a side or rear yard of a residentially zoned lot f. maximum building height - 55 feet when "RHD” is the abutting residential district, 35 feet when "RMD" or "R611 is the abutting residential district. Commercial uses, residential uses or combined commercial/residential uses which abut residential zoning district by a public way with an average width of at least 25 feet or a railroad right of way of at least 25 feet, there shall be no setback requirement. 2. Residential uses which do not abut a residential zoning district: a. minimum lot area - 1,000 sq.ft. of total lot area per dwelling unit b. minimum lot frontage - 50 feet C. minimum front yard setback 15 feet d. minimum side yard setback 10 feet, 15 feet if over 3 stories e. minimum rear yard.setback 20 feet f. maximum height - 55 feet 3. Commercial uses which do not abut a residential district: a. minimum lot area - none b. minimum lot frontage - none C. minimum front yard setback none d. minimum side yard setback - none e. minimum rear yard setback - none f. maximum height - 55 feet 4. Commercial or residential uses within structures existing at the time of the adoption of the Zoning Ordinance: a. minimum lot area - none for commercial use; 1,000 sq.ft. of total lot area per dwelling unit for residential uses 70 b. minimum lot frontage - none C. minimum front yard setback - none d. minimum side yard setback - none e. minimum rear yard setback - none f. maximum height - 55 feet (D 1. - 4. Rev. 6-6-90 & 7-1-92) E Parking Requirements 1. Off-street parking shall be in accordance with the requirements set forth in Section 29-24 below. F Sign Requirements 1. All signs in the CC District shall conform to the regulations set forth in Section 29-25 below. G Special Requirements 1. Screening of conflicting uses - at the time of occupancy of a new non-residential use, or the expansion of the outside outline of an existing non-residential use of any lot in an industrial or commercial district, there shall be a bufferyard along each boundary which adjoins an “R” District or use. This bufferyard shall consist of landscaped plantings, including evergreens, the plantings to be of such height and density as is needed to adequately screen from view, any light glare, parking lots, loading bays, accessory buildings or uses. Fences, walls, and earthen berms may be included as part of the bufferyard, but shall not be used in place of the landscaped screening. The adequacy of screening and landscaping shall be approved by the Building Inspector, after consultation , with the Planning Boardand shall be incorporated in the Building Inspector's records. In the event a Special Permit or site plan review is required, the Planting Plan shall be considered in this review. Required screening and landscaping shallbe in good condition and appearance. Failure to maintain same shall be deemed a violation of this Ordinance, and shall be subject to the enforcement procedures contained herein. (Rev. 6-26-87) H Special Requirements for Multiple Dwellings The development of multiple dwellings which includes town-houses shall be in accordance with the density and 71 dimensional requirements of Section D above, and the following: 1. No multiple dwelling shall measure more than 125 feet on its long side; except that where front and rear setback offsets of at least three (3) feet are provided at 50 foot intervals more or less, the length of said dwelling shall not exceed a length of 200 feet. 2. In multiple dwelling groups, the minimum spacing between buildings shall be as follows: front-to-front, front-to-rear, and rear-to-rear 60 feet; end-to-end (with facing windows) - not less than their or average height; end-to-end (without facing windows)corner-to- corner (offset) - not less than one-half of their height. Front-to- rear siting shall be avoided if at all practicable. 3. Interior private ways shall have a minimum width of 24 feet for two- way traffic and 18 feet for one-way traffic and shall be paved in accordance with City specifications. Minimum building setbacks from such private access drives shall be 35 feet and 30 feet, respectively, from the centerlines thereof. (Rev. 7-1-92) 4. All multiple-family dwellings shall be served by public or equivalent sanitary sewer and water systems. No building permit shall be granted unless the Building Inspector shall first receive a report from the Commissioner of Public Works that provision has been made for the disposal of sewage into the system of sufficient capacity. 5. All electrical and telephone service shall be provided underground to all buildings within a multiple dwelling group project. Antennae for the purposes of television reception shall be provided within a building wherever practicable, or else by one master antennae for the project. 6. No multiple dwelling group nor any individual multiple dwelling shall be permitted unless provision shall be made for adequate snow removal and trash and garbage disposal. 7. Sufficient enclosed area and equipment shall be provided within each multiple-family dwelling for laundering and drying purposes. No outside area shall 72 be provided for such purposes, unless such area is enclosed by a solid screen of evergreen shrubs or fencing at least-six (6) feet high. 8. A plan showing recreational facilities must be approved by the Planning Board. The area shall be a minimum of 10% of the gross area of the site and shall be contiguous. 73 29-18 CG - GENERAL COMMERCIAL DISTRICT A General Description This district is established to provide principally for suburban and automotive related commercial development outside of residential areas. B Uses by Right Property and buildings shall be used only for the following purposes: 1. One or more dwellings in a permitted commercial building. 2. Historic site including historic dwellings, or museum not operated for profit. 3. Sanitary landfill facilities, provided that the same are operated by the municipality, or pursuant to a municipal lease or license. 4. Hotel or motel. 5. Home occupation as defined herein. 6. Retail establishments. 7. Gymnasium, health club, commercial swimming pool. 8. Personal and consumer service establishments including, but not limited to, barber or beauty shop and laundromat. 9. Business and professional offices; banks. 10. Funeral home. 11. Restaurant selling food for consumption entirely on the premises. 12. Fast food restaurant. 13. Place of commercial recreation such as a theater, bowling alley, roller skating rink or ice skating rink where the use is conducted entirely indoors. For purposes of this subsection, the term commercial-indoor recreation does not include those uses regulated by M.G.L. Chapter 140, Section 183A. (Rev. 5-20-93) 14. Agricultural, horticultural, and floricultural uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of 5,000 square feet. 15. Administrative offices, data processing centers, and laboratory for scientific and industrial research including testing and product development. 16. Printing and publishing establishment. 17. Taxi, rail, bus passenger terminal. 18. Car wash; establishment for the sale of automobiles, trucks, travel trailers, and major recreational equipment, but excluding heavy repair of same. (Rev. 6-26-87) 19. Accessory buildings and uses required for and clearly incidental to the principal building or use are permitted. 20. Those uses allowed by right under Section 29-6. 74 21. Public Recreational Boating Facility (Ord. No. 254, 11-23-94) C Uses by Special Permit The following uses are only allowed by Special Permit, granted by the Board of Appeals: 1. Subsidized elderly housing, subject to the provisions of Section 29-18.D. below. 2. Other private or quasi-public club, charitable institution, or community service organization except where the chief activity is a service customarily carried on as a business. 3. Commercial marina for the sale, mooring, and rental of boats. 4. Private, non-commercial stable. 5. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 6. Gasoline station. . 7. Parking lots or garages as principal use of the lot 8. Bed and breakfast establishments. (Rev. 3-19-91) 9. Those uses, including accessory uses, allowed by Special permit under Section 29-6. 10. Commercial Mobile Radio Service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96) D Building and Area Requirements 1.Minimum lot area:10,000 sq. ft. 2. Maximum lot coverage: 35% by buildings and accessory structures, no more than 65% total impervious area as defined below. Impervious lot coverage may be increased up to 75% of lot by site plan approval granted by the Planning Board in accordance with Section 29-28.C. of the Zoning Ordinance. The 35% of the lot that is not buildable (or, in the case of site plan approval, 25%) shall either remain in its natural state or improved by loaming, seeding, grading, planting, and/or landscaping, in accordance with final site plan approval. For the purpose of this section "impervious area" shall be defined to mean the area of the lot covered by buildings, structures, parking, paved walkways, vehicular access and egress area, loading and unloading areas, loading docks, dumpsters and all areas that are paved or not in their natural vegetative state or landscaped. 3. Minimum lot frontage: 80 feet (Rev. 7-1-92) 4. Minimum front yard setback: 30 feet 5. Minimum side yard setback: 15 feet 6. Minimum rear yard setback: 15 feet 7. Maximum building height: 35 feet 75 E Parking Requirements 1. off-street parking shall be in accordance with the requirements set forth in Section 29-24 below. F Sign Requirements 1. All signs in the CG District shall conform to the regulations set forth in Section 29-25 below. G Special Requirements 1. Screening of conflicting uses - at the time of occupancy of a, new non-residential use, or the expansion of the outside outline of an existing non-residential use of any lot in an industrial or commercial district, there shall be a bufferyard along each boundary which adjoins an “R” District or use. This bufferyard shall consist of landscaped plantings, including evergreens, the plantings to be of such height and density as is needed to adequately screen from view, any light glare, parking lots, loading bays, accessory buildings or uses. Fences, walls, and earthen berms may be included as part of the bufferyard, but shall not be used in place of the landscaped screening. The adequacy of screening and landscaping shall be approved by the Building Inspector, after consultation with-the Planning Board, and shall be incorporated in the Building Inspector's records. In the event a Special Permit or site plan review is required, the Planting Plan shall be considered in this review. Required screening and landscaping shall be in good condition and appearance. Failure to maintain same shall be deemed a violation of this Ordinance, and shall be subject to the enforcement procedures contained herein. 76 29-19 IR - RESTRICTED INDUSTRIAL, RESEARCH & OFFICE DISTRICT AGeneral Description This district is established to provide principally for office complexes, light industrial parks, and necessary support facilities, including ancillary storage, service, and retail uses. B Uses by Right Property and buildings shall be used only for the following purposes: 1. Historic site including historic dwellings, or museum not operated for profit. 2. Sanitary landfill facilities, provided that the same are operated by the municipality, or pursuant to a municipal lease or license. 3. Business and professional offices; banks. 4. Agricultural, horticultural, and floricultural uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of 5,000 square feet. 5. Manufacturing, assembly, processing, packaging, research and testing operations including the following uses, provided that such operations shall be conducted entirely within an enclosed building or structure: products developed from previously- processed materials such as bone, ceramic, cloth, glass, leather, metals, plastics, paper, rubber (except tires), wood (except planing mills), electrical and mechanical instruments and appliances, optical goods, cosmetics, toiletries, and pharmaceutical products. 6. Administrative offices, data processing centers, and laboratory for scientific and industrial research including testing and product development. 7. Printing and publishing establishment, including photostatic copying services. 8. Taxi, rail, bus passenger terminal. 9. Contractors' or craftsmen's shop, including carpentry, welding, ornamental iron works, electrical and machine shops, provided that such use is not located within 200' of any “R” District, and further provided that such use is screened from surrounding uses, as defined in Section 29-2-40. 10. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 77 11. Accessory buildings and uses required for andclearly incidental to the principal building or use are permitted. 12. Those uses allowed by right under Section-29-6. C Uses by Special Permit The following uses are only allowed by Special Permit, granted by the Board of Appeals: 1. Subsidized elderly housing. 2. Commercial marina for the sale, mooring, and rental of boats. 3. Private, non-commercial stable. 4. Hotel or motel. 5. Restaurant selling food for consumption entirely on the premises. 6. Place of commercial recreation such as a theater, bowling alley, roller skating rink or ice skating rink where the use is conducted entirely indoors. For purposes of this subsection, the term commercial-indoor recreation does not include those uses regulated by M.G.L. Chapter 140, Section 183A. (Rev. 5-20-93) 7. Animal hospital or commercial kennel, provided that such use shall not be within 200 feet of any residential district and the kennel area shall be completely enclosed by a solid wall or fence. 8. Auto body or paint shop; vehicle repair garage excluding the repair of heavy motorized equipment and the open storage of inoperable equipment, provided that such use shall be permitted upon the approval of a Special Permit therefor by the Board of Appeals. Review shall follow the procedural requirements in Section 29-28.C. Special attention should be given to possible adverse noise, odor, or visual effects of the use upon the surrounding neighborhood. Proper screening and buffering should be provided to eliminate undesirable adverse effects. 9. Warehouses; including mini-storage warehouses, where all storage is indoors, bottling plant, frozen food locker, ice manufacturing plant, wholesale establishment, and similar distribution center. 10. Open storage of new building materials, machinery and metal products, but not including junk, scrap, metal, wastepaper, and similar used materials; provided that the area is enclosed within a wall, solid fence, or compact evergreen hedge at least six (6) feet in height. (Rev. 6-26-87) 11. Essential public services such as transformer stations! substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 12. Parking lots or garages as principal use of the lot. 78 , 13. Pork-Chop lots on streets in existence prior to December 1984, subject to the provisions of section 29-5.1. above. 14. Bed and breakfast establishments. (Rev. 3-19-91) 15. Those uses, including accessory uses, allowed by Special permit under Section 29-6. 16. Commercial Mobile Radio Service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96) D Building and Area Requirements 1. Minimum lot area: 2 acres 2. Maximum lot coverage: 40%, no more than 60% including parking. 3. Minimum lot frontage: 225 feet 4. Minimum front yard setback: 30 feet, 150 feet for buildings and for parking which abut Residential Districts. 5. Minimum side yard setback: 20 feet 6. Minimum rear yard setback: 25 feet 7. Maximum building height: 60 feet E Parking Requirements 1. Off-street parking shall be in accordance with the requirements set forth in Section 29-24 below. F Sign Requirements 1. All signs in the IR District shall conform to the regulations set forth in Section 29-25 below. G Special Requirements 1. Screening of conflicting uses - at the time of occupancy of a new non-residential use, or the expansion of the outside outline of an existing non-residential use of any lot in an industrial or commercial district, there shall be a bufferyard along each boundary which adjoins an "R” District or use. This bufferyard shall consist of landscaped plantings, including evergreens, the plantings to be of such height and density as is needed to adequately screen from view, any light glare, parking lots, loading bays, accessory buildings or uses. Fences, walls, and earthen berms may be included as part of the bufferyard, but shall not be used in place of the landscaped screening. 79 The adequacy of screening and landscaping shall be approved by the Building Inspector, after consultation with the Planning Board, and shall be incorporated in the Building Inspector's records. In the event a Special Permit or site plan review is required, the Planting Plan shall be considered in this review. Required screening and landscaping shall be in good condition and appearance. Failure to maintain same shall be deemed a violation of this ordinance, and shall be subject to the enforcement procedures contained herein. (Rev. 6-26-87) 80 29-20 IG - GENERAL INDUSTRIAL DISTRICT A General Description This district is established to provide principally for general industrial, research, and office use. B Uses by Right Property and buildings shall be used only for the following purposes: 1. Historic site including historic dwellings, or museum not operated for profit. 2. Sanitary landfill facilities, provided that the same are operated by the municipality, or pursuant to a municipal lease or license. 3. Business and professional offices; banks. 4. Agricultural, horticultural, and floricultural uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of 5,000 square feet. 5. Products developed from previously-processed materials such as bone, ceramic, cloth, glass, leather, metals, plastics, paper, rubber (except tires), wood (except planing mills) 6. Electrical and mechanical instruments and appliances, optical goods. 7. Cosmetics, toiletries, and pharmaceutical products. 8. Administrative offices, data processing centers, and laboratory for scientific and industrial research including testing and product development. 9. Printing and publishing establishment. , 10. Contractors' or craftsmen's shop, including carpentry welding, ornamental iron works, electrical and machine shops, provided that such use is not located within 200' of any “R” District. 11. Warehouse, bottling plant, frozen food locker, ice manufacturing plant, wholesale establishment, and similar distribution center. 12. Open storage of new building materials, machinery and metal products, but not including junk, scrap, metal, wastepaper, and similar used materials; provided that the area is enclosed within a wall, solid fence, or compact evergreen hedge at least six (6)feet in height 13. General industrial uses, including manufacture, assembly, processing, packaging, or other industrial operation (such as, but not limited to, the following: products developed from previously-processed materials 81 such as bone, ceramic, cloth, glass, leather, metals, plastics, paper, rubber (except tires), wood (except planing mills), electrical and mechanical instruments and appliances, optical goods, cosmetics-, toiletries, and pharmaceutical products, steam laundry, dry cleaning, and rug cleaning establishments, food products, machine shop, bottling works, box manufacture, textile manufacture, manufacture of boots and shoes), which would not be offensive because of injurious or obnoxious noise, vibration, smoke, gas,, fumes, odors, dust, or other objectionable feature, or become hazardous to the community on account of fire or explosion or any other cause, but the following are expressly prohibited: a. Acid manufacture b. Cement, lime, or gypsum manufacture C. Explosives or fireworks manufacture d. Glue manufacture e. Incineration or reduction of garbage, offal, or dead animals, except such processing as may be conducted by the City and except solid waste resource recovery and disposal facilities f. Smelting of zinc, copper, tin, or iron ores g. Stockyard or abattoir 14. Taxi, rail, bus passenger terminal. 15. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 16. Accessory buildings and uses required for and clearly incidental to the principal building or use are permitted. 17. Those uses allowed by right under Section 29-6. C. Uses by Special Permit The following uses are only allowed by Special Permit, granted by the Board of Appeals: 1. Subsidized elderly housing. 2. Commercial marina for the sale, mooring, and rental of boats. 3. Private, non-commercial stable. 4. Restaurant selling food for consumption entirely on the premises. 5. Fast food restaurant. (Rev. 6-26-87) 6. Animal hospital or commercial kennel, provided that such use shall not be within 200 feet of any 82 residential district and the kennel area shall be completely enclosed by a solid wall or fence. 7. Auto body or paint-shop; vehicle repair garage excluding the repair of heavy motorized, equipment and the open storage of inoperable equipment, provided that such use shall be permitted upon the approval of a Site Plan thereof by the Planning Board and upon the granting of a Special Permit therefor by the Board of Appeals. Review shall follow the procedural requirements in Section 29-28.C. Special attention should be given to possible adverse noise, odor, or visual effects of the use upon the surrounding neighborhood. Proper screening and buffering should be provided to eliminate undesirable adverse effects. 8. Open storage of coke, coal, sand, or other similar materials or storage in silo or hoppers; provided that the area is enclosed within a wall, solid fence, or compact evergreen hedge at least six (6) feet in height. 9. Motor or rail freight; yard or building for the storing and servicing of trucks, trailers, or buses. 10. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage. 11. Parking lots or garages as principal use of the lot. 12. Pork-Chop lots on streets in existence prior to December, 1984, subject to the provisions of Section 29-5.1. above. 13. Bed and breakfast establishments. (Rev. 3-19-91) 14. Those uses, including accessory uses, allowed by Special permit under Section 29-6. 15. Commercial Mobile Radio Service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96) D Building and Area Requirements 1. Minimum lot area: none 2. Minimum lot frontage: none (Rev. 7-1-92) 3. Minimum front yard setback: none 4. minimum side yard setback: none 5. minimum rear yard setback: none 6. Maximum building height: 35 feet: provided, however, buildings set back a minimum of 400 feet from all abutting public way shall be allowed a maximum building height of 70 feet. (Ord. No. 67, 7-16-01) E Parking Requirements 1. Off-street parking shall be in accordance with the requirements set forth in Section 29-24 below. F Sign Requirements 1. All signs in the IG District shall conform to the regulations set forth in Section 29-25 below. 83 84 G Special Requirements Screening of conflicting uses - at the time of occupancy of a new non-residential use, or the expansion of the outside outline of an existing non-residential use of any lot in an industrial or commercial district, there shall be a bufferyard along each boundary which adjoins an “R” District or use. This bufferyard shall consist of landscaped plantings, including evergreens, the plantings to be of such height and density as is needed to adequately screen from view, any light glare, parking lots, loading bays, accessory buildings or uses. Fences, walls, and earthen berms may be included as part of the bufferyard, but shall not be used in place of the landscaped screening. The adequacy of screening and landscaping shall be approved by the Building Inspector, after consultation with the Planning Board, and shall be incorporated in the Building Inspector's records. In the event a Special Permit or site plan review is required, the Planting Plan shall be considered in this review. Required screening and landscaping shall be in good condition and appearance. Failure to maintain same shall be deemed a violation of this Ordinance, and shall be subject to the enforcement procedures contained herein. 85 29-21 HD - HOSPITAL DISTRICT A General Description This district is established to provide principally for medical, health care, and hospital-related uses. B Uses by Right Property and buildings shall be used only for the following purposes: 1. Residential uses necessary to, or normally associated with a medical institution. 2. Hospitals, nursing care homes.. 3. Historic site including historic dwellings, or museum not operated for profit. 4. Sanitary landfill facilities, provided that the same are operated by the municipality, or pursuant to a municipal lease or license. 5. Home occupation as defined herein. 6. Retail establishment serving local area needs including, but not limited to, drug, grocery and baked goods store, with up to 5,000 square feet of floor area per establishment. 7. Personal and consumer service establishments including, but not limited to, barber or beauty shop and laundromat. 8. Business and professional offices; banks. 9. Restaurant selling food for consumption entirely on the premises. 10. Agricultural, horticultural, and floricultural uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of 5,000 square feet. 11. Accessory buildings and uses required for and clearly incidental to the principal building or use are permitted. 12. Doctors' offices, medical clinics. (Rev. 6-26-87) 13. Any use allowed by right under Section 29-6.(Rev. 6-26-87) 14. Ambulance depot facility.(Rev. 6-26-87) C Uses by Special Permit The following uses are only allowed by Special Permit, granted by the Board of Appeals: 1. Subsidized elderly housing, subject to the provisions of Section 29-21.D. below. 86 2. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoorvehicle or equipment storage. 3. Bed and breakfast establishments.(Rev. 3-19-91) 4. Any use, including accessory uses, allowed by Special Permit under Section 29-6. 5. Commercial Mobile Radio Service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96) D Building and Area Requirements 1. Minimum lot area: 10 acres 2. Minimum lot frontage: 225 feet (Rev. 7-1-92) 3. Minimum front yard setback: 30 feet 4. Minimum side yard setback: 20 feet 5. minimum rear yard setback: 25 feet 6. Maximum building height: 65 feet E Parking Requirements 1. Off-street parking shall be in accordance with the requirements set forth in Section 29-24 below. F Sign Requirements 1. All signs in the HD District shall conform to the regulations set forth in Section 29-25 below. G Special Requirements 1. All those commercial uses normally associated with the functioning of a hospital such as gift shop, coffee shop, medical offices, and laundry shall be permitted provided that such accessory retail uses be located entirely within the hospital building and no exterior or lighted interior window sign shall advertise the presence thereof. All those uses normally associated with the functioning of a college or university including a book store and cafeteria shall be permitted provided that such uses are clearly serving the needs of the institution to which they are accessory. 87 29-22 WD - WATERFRONT DEVELOPMENT DISTRICT A General Description This district is established to provide principally for mixed-use development and public access along the waterfront. B Uses by Right Property and building shall be used only for the following purposes: 1. Multi-family dwelling or apartment house, subject to the requirements of Section H below. 2. Home occupation as defined herein, subject to the provisions of Section G below. 3. Agricultural, horticultural, and floricultural uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of 5,000 square feet, and subject to the provisions of Section G below. 4. Commercial fishing excluding the processing of fish, except as provided by Section 29-22.B.7. below. (Processing: meaning canning, cooking, or freezing but not preparation of bait), subject to the provisions of Section G below. 5. Commercial marina for the sale, mooring, and rental of boats, subject to the provisions of Section G below.(Rev. 6- 26-87) 6. Restaurant selling food for consumption entirely on the premises, subject to the provisions of Section G below.(Rev. 6-26-87) 7. Accessory buildings and uses required for and clearly incidental to the-principal building or use are permitted. 8. Any use allowed by right under Section 29-6. C Uses by Special Permit The following uses are only allowed by Special Permit, granted by the Planning Board: 1. Gymnasium, health club, commercial swimming pool, subject to the provisions of Section G below. 2. Other private or quasi-public club, charitable institution, or community service organization except where the chief activity is a service customarily carried on as a business, subject to the provisions of Section G below. 3. Hotel or motel, subject to the provisions of Section G below. 4. Retail establishments, subject to the provisions of Section G below. 5. Personal and consumer service establishments including but , not limited to, barber or beauty shop and laundromatsubject to the provisions of Section G below. 88 6. Business and professional offices; banks subject to the provisions of Section G below. 7. Place of commercial recreation such as a theater, bowling alley, roller skating rink or ice-skating rink where the use is conducted entirely indoors. For purposes of this subsection, the term commercial-indoor recreation does not include those uses regulated by M.G.L. Chapter 140, Section 183A. (Rev. 5-20-93) 8. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage, subject to the provisions of Section G below. 9. Parking lots or garages as principal use of a lot, subject to the provisions of Section G below. 10. Those uses, including accessory uses, allowed by Special Permit under Section 29-6. 11. Commercial Mobile Radio Service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96) The following uses are only allowed by Special Permit, granted by the Board of Appeals: 1. Bed and breakfast establishments. (Rev. 3-19-91) D Building and Area Requirements 1. Minimum lot area: none required 2. Maximum Floor Area Ratio (FAR): 0.25, unless modified by Special Permit as provided in Section G below. FAR calculations do not include structured parking. 3. Minimum lot frontage: none 4. Minimum front yard setback: 5 feet 5. Minimum side yard setback: 25 feet 6. Minimum rear yard setback: 20 feet 7. Maximum building height: 35 feet measured as the vertical distance from the average existing street grade along the lot, to the top of the highest roof beams of a flat roof, or the top of the highest ridge of a sloped roof, except that there may be uninhabited space under a sloped roof up to a total height of 40 feet. (D 1. - 7. Rev. 6-26-87) E Parking Requirements 1. Off-street parking shall be in accordance with the requirements set forth in Section 29-24 below. 2. One off-street parking space for each marina recreational or commercial boat slip shall also be provided. 89 F Sign Requirements 1. All signs in the WD District shall conform to the regulations set forth in Section 29-25 below. (Rev. 6-26-87) 90 G Special Requirements 1. All WD proposals, including new construction of any building(s) or water-based structure(s),(pier, slips, wharves, etc.) or any substantial addition(s) to same, must secure the appropriate federal, state, and local permits and licenses. These permits and licenses may include but are not limited to: U.S. Army Corps of Engineers Permit(s): Massachusetts DEP Division of Wetlands and Waterways Chapter 91 Tidelands License; and City of Beverly Conservation Commission Order of conditions. Regulations mandated by any state or federal permit or License obtained for any non-water dependent, or ( water-dependent use including theapplicability of the public trust doctrine) may be more restrictive or require certain public benefits not stated or identified in this Ordinance. For any new development or substantial improvement to existing structures within the WD, the project proponent shall establish the location, if applicable, of the Commonwealth Tidelands (that land seaward of the historic mean low watermark) on any plan or site plan(s) drawn for a Special Permit, Building Permit, or other Permit required under this Ordinance. 2. For any use allowed in the WD District, the Planning Board through a Special Permit process may grant a bonus in Floor Area Ratio (FAR) increasing the FAR from 0.25 up to 1.0, in return for all of the following public benefits: a. The provision, including construction andmaintenance, of a public pedestrian walkway along the water, a minimum of 12 feet in width, the exact location to be , determined by the Planning Boarddesigned to connect to existing or future harborfront walkways on adjoining properties. Access from the public street to the harborfront walkway may be required at the discretion of the Planning Board. The walkway shall be open from sunrise to sunset. b. For property which abuts Water Street, the provision, including construction (but not maintenance) of a public right-of-way along Water Street, so that there can be a minimum of a thirty (30) foot roadway and five 91 (5) foot sidewalks on both sides in locations where the existing Water Street right-of-way is less than forty (40) feet. C. All buildings shall be so designed and placed to allow 50-feet wide views to the waterfront at least every 150 feet from-the street to the harbor. The longer side of each building shall be sited approximately perpendicular to the street and the water's edge, or as the Design Review Board may require, in order to preserve water views from the street. d. The provision of a minimum of twenty percent (20%) of the floor area for a restaurant or water-dependent use (i.e. an office, commercial, retail or service establishment which is primarily marine or fishing related) as defined below: 1. Marine-related industries and services, including fish storage, fish products/processing and sales. 2. Harbor/marine supplies and services and ship supply. 3. Boat storage and service facilities, such as boat construction yards, drydock services boat repair shops, launching ramps, and marinas. 4. Sea/land loading and transfer areas for people and goods, including ferry terminals, loading areas, and docks. 5. Marine-related museums and aquariums, and public service facilities including harbormaster's quarters. 3. The Planning Board may grant bonus densities up to an FAR of 1.5 in exchange for all those incentives listed in Section 29- 22.G.2.a. through 29-22.G.2.d. above, plus a provision requiring an additional 10% of the gross site area be developed and maintained as public open space (as defined in section 29-2). This provision is in addition to any open space requirements which may otherwise be required by this ordinance. 4. Should the Chapter 91 licensing and permitting regulations(administered by the Department of Environmental Protection), as may be amended, require some or all of the above public benefits, additional public benefits may be required by the Planning Board. (G 1. - 4. Rev. 6-26-87) H Special Requirements for Multiple Dwellings The development of multiple dwellings which includes town-houses shall be in accordance with the density and 92 dimensional requirements of Section D above, except as may be : modified by Section G above, and the following 1. No multiple dwelling shall measure more than 125 feet on its long side; except that where front and rear setback offsets of at least three (3) feet are provided at 50 foot intervals more or less, the length of said dwelling shall not exceed a length of 200 feet. 2. In multiple dwelling groups, the minimum spacing between buildings shall be as follows: front-to-front, front-to-rear, and rear-to-rear 60 feet; end-to-end (with facing windows) - not less than their average height; end-to-end (without facing windows) or corner-to- corner (offset) - not less than one-half of their height. Front-to- rear siting shall be avoided if at all practicable. 3. Interior private ways shall have a minimum width of 24 feet for two- way traffic and 18 feet for one-way traffic and shall be paved in accordance with City specifications. Minimum building setbacks from such private access drives shall be 35 feet and 30 feet, respectively, from the centerlines thereof. (Rev. 7-1-92) 4. All multiple-family dwellings shall be served by public or equivalent sanitary sewer and water systems. No building permit shall be granted unless the Building Inspector shall first receive a report from the Commissioner of Public Works that provision has been made for the disposal of sewage into the system of sufficient capacity. 5. All electrical and telephone service shall be provided underground to all buildings within a multiple dwelling group project. Antennae for the purposes of television reception shall be provided within a building wherever practicable, or else by one master antennae for the project. 6. No multiple dwelling group nor any individual multiple dwelling shall be permitted unless provision shall be made for adequate snow removal and trash and garbage disposal. 7. Sufficient enclosed area and equipment shall be provided within each multiple-family dwelling for laundering and drying purposes. No outside area shall be provided for such purposes, unless such area is enclosed by a solid screen of evergreen shrubs or fencing at least six (6) feet high. 8. A plan showing recreational facilities must be approved by the Planning-Board. The area shall be a minimum of 10% of the gross area of the site and shall be contiguous. 93 29-23 SPECIAL DENSITY AND DIMENSIONAL REGULATIONS A Planned Residential Development (PRD) 1. Purposes - To provide for innovative design and flexibility in residential development, to provide for a mixture-~of housing types at certain locations; to provide for the economical installation and maintenance of streets and utilities; and to conserve open space and natural amenities. 2. Use Regulations - In any R-90, R-45, R-22, RMD, and RSD District, the Board of Appeals may permit by Special Permit a Planned Residential Development comprising a combination of the following uses: one-family dwellings, two-family dwellings, semi-detached dwellings, and multi-family dwellings, (rental or otherwise), public or private schools, public recreation and open space, fire stations, and other public facilities, and membership clubs for the exclusive use of residents of the PRD. 3. Procedure - Application for Special Permit for a PRD shall be filed and processed in accordance with Section 29-27 of this Ordinance, unless otherwise provided herein. Site Plan Review by the Planning Board is also required for PRD's - see Section 29-28.c. of this Ordinance for procedures and filing requirements. The Board of Appeals shall not take final action on an application for PRD until it has received a report thereon from the Planning Board within 35 days or until said Planning Board has allowed 35 days to elapse without submission of a report. An approved site plan shall thereafter be subject to the requirements of the City of Beverly (Planning Board Rules and Regulations). (Rev. 7-1-92) 4. Development Requirements - a PRD shall be subject to the requirements for the district in which the project is located, except in the case of existing structures, and except where modified and supplemented as follows: a. Minimum lot area of a PRD shall be: five (5) acres in the R-15 District; seven (7) acres in the R-22 District; ten (10) acres in the R-45 District; twelve (12) acres in the R-90 District. There shall be no PRD's in the R-6 or R-10 Districts. 94 b. At least thirty percent (30%) of the gross area of the PRD shall be dedicated as permanent open space for the-protection of natural drainage areas, the conservation of woodlands and other natural amenities, parks and recreation and other such public natural uses described or shown on the Comprehensive Plan and Official Map of the City of Beverly. Upon recommendation of the Planning Board such open space shall be either; deeded to the City of Beverly for public use or conservation, subject to approval thereof by the Board of Aldermen; covenanted by the owner or developer with an association of residents of the PRD as permanent open space. If such space is retained in private ownership, as a condition in the granting of a Special Permit to permit the PRD, the owner or developer of the PRD shall establish a procedure for maintaining the open space in an orderly state. This dedicated open space shall not include parking areas or drives and shall not be within the minimum yard requirements for building in the particular zoning district. C. Lot requirements for one-family dwellings in a PRD may be reduced to not less than those dimensional requirements set forth in the next least restrictive "R” District in which the PRD is proposed. d. Maximum density in dwelling units per gross area of a proposed PRD shall be the same as allowed in that district for a single-family dwelling as set forth in the requirements for the zoning district in which the project is located. This density calculation shall exclude wetlands as defined by M.G.L. Chapter 131 as amended, and shall exclude any standing bodies of water. The applicant will file a Request for Determination with the Beverly Conservation Commission at the same time as filing with the Special Permit Granting Authority to determine the wetland area of the lot. e. A PRD site at the time of application shall be served by both public water and sewer systems, 95 such systems to be of sufficient capacity to accommodate increased density of development of the PRD as determined and approved-by the Commissioner of Public Works. The Provisions of this paragraph may be waived by the Commissioner of Public Works. f. The provisions of this section are optional. The Planning Board or the Board of Appeals are not required to approve a PRD plan where it finds that, by increasing the density of the tract, the general area would be affected adversely by such action. B Reduction of Lot Requirements for "Cluster" Residential Subdivisions 1. Purposes - To provide an optional format for subdivision development in which requirements for individual building lots in a subdivision would be reduced in a given District without an increase in the gross density of population or development in the subdivision possible under normal lot requirements for the District in which such subdivision is located; to provide for the economical development of residential home sites and the efficient provision of public service through this clustering technique; and to preserve and protect drainage ways, wooded areas, areas of difficult terrain, and to encourage the provision of open space. 2. Procedure - The Planning Board may approve a subdivision plan submitted in accordance with the City of Beverly, (Planning Board Rules and Regulations) and meeting requirements of this section, provided the cluster layout will not adversely affect the surrounding neighborhood. The burden of proof shall be on the project proponent. 3. Lot Variations and Requirements - a. Within the R-90, R-45, R-22, R-15, and R-10 Districts, the minimum lot size, lot frontages, yards, and other such dimensional requirements set forth in the requirements for individual lots in the zoning district in which the project is 96 located, may be reduced on approval by the Planning Board for a subdivision applied for hereunder. (Rev. 7-1-92) b. The Planning Board shall not approve a subdivision plan proposal that would result in a number of building lots within the gross area of a subdivision in excess of the number of lots otherwise possible by following lot (as defined in Section 29- 2) size requirements set forth in the requirements for the zoning district in which such proposed subdivision is located. Such number of lots shall be determined by dividing the gross area of the proposed subdivision by the minimum lot size requirement for the District excluding the street right-of-way area required to service a lot and excluding any wetlands and standing bodies of water. other public rights-of-ways shall be deducted from the gross area of a subdivision as well in making this calculation. C. In order to be considered hereunder, a subdivision shall have a minimum gross area of four (4) acres. d. All lots shall be served by public water and sewer systems, subject to the approval of the Commissioner of Public Works. 4. Dedicated Open Space a. Any remaining area of the proposed subdivision not dedicated for streets and other public right-of-way and not plotted into building lots shall be dedicated as open space. b. Lands required to be dedicated shall be so as to meet the needs for conservation of natural amenities, protection of natural drainage areas and streams, parks and recreation, and other such public and natural uses as described in or shown on the Comprehensive Plan of the City of Beverly. The Planning Board shall have full advisory powers as to the location and size of such open space areas. 97 C. Upon recommendation of the Planning Board allsuch open space within a subdivision approved hereunder shall be either: deeded to the City of Beverly for public use or conservation, subject to the acceptance thereof by the Board of Aldermen; or deeded to an association of property owners within the subdivision for their common use, control, and management. Where the latter arrangement is the case and said association fails to maintain the open space in an orderly state, the City may perform such maintenance as necessary and assess the cost of the responsible property owners. d. No portion of any dedicated open space shall thereafter be sold or developed for any use other than that for which it is dedicated. Appropriate deed restrictions and other legally binding agreements to insure that this provision is adhered to in perpetuity shall be made prior to final approval of a subdivision plan by the Planning Board. 5. Provisions of this Section are optional - nothing herein shall be construed as requiring a subdivider or developer to elect this means of subdividing a tract; and nothing herein shall require the Planning Board or the Board of Appeals to approve a subdivision plan proposed hereunder where it finds that, by lessening requirements for individual lots, the general area would be affected adversely by such action. C Special Provisions for Accessory Apartments Notwithstanding provisions in this Chapter to the contrary, the Zoning Board of Appeals may consider the granting of a temporary Conditional Permit use for the alteration of an existing, single- family residence to include an Accessory Apartment in any residential zone, subject to the following provisions: 1. An accessory apartment may be permitted to accommodate a person to live in proximity to, but with independence from, a relative. 2. The application shall designate the individual who is to occupy the accessory apartment. The temporary Conditional Permit shall be issued to the owner of the property. 98 3. The alterations shall be limited to only one building, which shall be the main building on the property, and any major changes-shall be within the existing structure. 4. There shall be no more than two (2) dwelling units on said property, including an accessory apartment. 5. The owner of record shall reside in one of the two dwelling units, which shall be said owner's principal residence. 6. Both the existing dwelling unit and the accessory apartment shall comply with the minimum size requirements mandated by this Ordinance. 7. The accessory apartment shall be a self-contained dwelling unit with separate cooking, sanitary and sleeping facilities for the exclusive use of the designated occupant. 8. The dwelling unit shall have only one front entrance, when practical. 9. The two dwelling units shall contain no more than four (4) bedrooms and one (1) bedroom, respectively, unless the existing single-family residence has more than five (5) bedrooms, in which case the existing number of bedrooms shall be maintained as the total of both units. 10. The temporary Condition Permit, if granted, shall run for a period of four (4) years and may be renewed every four (4) years thereafter, by the City Clerk. Upon re-application by the record owner, the City Clerk shall review the Permit only if the conditions which led to its original granting still exist and all other requirements which apply to an original application are met.- The City Clerk may consult the Building Inspector, the Planning Department, or other appropriate City agency with concern to the re-application process described above. 11. The temporary Conditional Permit for an accessory apartment, and any renewal of said temporary Conditional Permit, shall terminate: 1. Upon the death of the designated occupant; or 2. Upon the change of residence of the designated occupant; or 3. Upon the transfer of ownership of the premises, if such transfer is unrelated to the issuance of the temporary Conditional Permit; or 4. Upon the expiration of the permit period set forth above. The City Clerk shall notify the Building Inspector of any change of occupancy. Following termination of said temporary Conditional Permit, the designated occupant (of the accessory apartment) shall have ninety (90) 99 days to relocate; the kitchen built as a result of the temporary Conditional Permit shall be removed by the owner ninety (90)days after the designated occupant leaves. The house will then revert to a single-family residence. (c 1. - 11. Rev. 6-26-87) D Special Provisions for Congregate Housing for Elderly and/or Permanently Disabled 1. A Special Permit may be granted by the Planning Board in any Residential District for "Congregate Housing for Elderly and/or Permanently Disabled" to permit the following: All residential developments associated with Congregate Housing for Elderly and/or Permanently Disabled, Commercial uses associated with the functioning of Congregate Housing subject to specific, special requirements listed in Section 29-23.C. below. 2. Building and Area Requirements a. Minimum lot area: 20 acres b. Minimum lot frontage: 250 feet C. Minimum setbacks (front, rear, and side): 125 feet d. Maximum building height: 35 feet 3. Parking Requirements One and a quarter (1.25) parking spaces will be provided for each individual unit; loading requirements shall be the same as in Section 29-24. 4. Sign Requirements All signs showing the location of the project itself shall conform to Section 29-25. No exterior signs advertising on- site commercial uses, and no illuminated interior signs displayed in windows shall be permitted. (D 1. - 4. Rev. 7-20-87 & 7-1-92) 100 5. Special Requirements a. Commercial uses as described above shall not occupy more than 5% of the gross-floor area of the entire complex, and must be housed within the main building on the site. b. The Design Review Board shall review all Special Permit requests. C. Plans submitted for Special Permit requests must include a detailed site and landscaping plan showing architectural renderings, parking and egress plans. d. A plan shall be prepared by the petitioner which shall, to the extent allowable by law, give a preference for housing within the development first, to Beverly residents, then to immediate family members of Beverly residents, and then to residents of cities or towns which have a reciprocal agreement with the City of Beverly. e. A plan shall be prepared by the petitioner which shall, to the extent allowable by law, designate at least 10% of the-units, or more at the discretion of the permit granting authority, for the purpose of providing affordable housing. For the purpose of this paragraph, the definition of affordable housing shall be based on at least the Massachusetts Housing Finance Agency (MHFA) or its successor's definition of low or moderate income for family and/or individuals. (5 a. - e. Rev. 7-20-87) f. The maximum density allowed shall be four dwelling units per acre. (Rev. 3-6-89) (Rev. 3-6-89) g. Any remaining area of the proposed site not dedicated for buildings, streets, and other public rights-of-way shall be dedicated as open space in perpetuity. (Rev. 6-30-88) h. The provisions of this section are optional. Nothing herein shall require the Planning Board to approve a Special Permit where it finds the granting of this permit shall adversely affect the general area. (Rev. 6-30-88) (5 g. - h. Rev. 6-30-88) E Residential Reuse of Existing Public Buildings 1. Purpose - To provide for the residential reuse of existing public buildings. 2. Use Regulation - In any zoning district, the Board of Aldermen may permit by Special Permit the reuse of an existing public building, as hereinafter defined, for residential purposes, provided that twenty-five percent (25%) of such allowed units are set aside for low or 101 moderate income tenants or owners as hereinafter defined. In the case of units to be owned by low or moderate income individuals, such units shall contain deed restrictions indicating that units shall sell for 75% of the average fair market value of units in the Beverly area acceptable to the City of Beverly Planning Department to insure low or moderate income use in perpetuity. 3. Public Building Defined - For purposes of this section, public building shall be defined as any building owned and occupied or formally occupied by the City of Beverly Commonwealth of Massachusetts or the United States of America or any of their departments, authorities, or agencies. 4. Low or Moderate Income Person - For purposes of this section, low or moderate income persons shall be defined as those persons falling within the guidelines of low or moderate income determined by the United States Department of Housing and Urban Development and the Commonwealth of Massachusetts Executive Office of Communities and Development as certified by the Beverly Housing Authority, which shall be responsible for providing lists of those eligible for purchase or renting of the units involved. 5. Parking - Parking shall be provided on-site for a minimum of one and one-half spaces per unit. 6. Traffic - The applicant shall be responsible for providing an independent professional traffic study showing the impact of the proposed project on the surrounding neighborhood. 7. The Board of Aldermen shall determine that there exist adequate public services for the proposed project including, but not limited to, adequate water pressure and supply, adequate sewer availability, and adequate school capacity in the area. 8. Procedure - An application shall be filed and processed in accordance with Section 29-27 of this ordinance, unless otherwise provided herein. Three (3) copies of a site plan prepared in accordance with the specifications of the City of Beverly (Planning Board Rules and Regulations) shall be submitted showing the proposed lot layout, grading, drainage, buildings, uses, off-street parking areas, open space, the handling of water supply and sewerage, and all such other information as the Board may require. The Board of Aldermen shall transmit a copy thereof to the Planning Board and the Design Review Board for their review and recommendation. The Board of Aldermen shall not take final action on such application until it has 102 received a report thereon from the Planning Board and the Design Review Board within thirty-five (35) days or until said Planning Board and Design Review Board have allowed thirty-five (35) days to elapse without submission of a report 9. The provisions of this Section are optional, and nothing herein shall require the Board of Aldermen to allow a Special Permit where it finds that the general area would be adversely affected by such use. (E 1. - 9. Rev. 5-9-88) 103 PARKING AND LOADING REQUIREMENTS A Off-street Parking Requirements For any use newly-established; or any change from one use to another; or for any use increased in intensity orphysically enlarged by more than twenty-five percent (25%) under this Ordinance, off-street parking and loading space shall be provided in accordance with the following schedule in this Section. Off-street parking and/or loading requirements for uses other than those cited in this Ordinance shall be determined in consultation with the applicant by the Building Inspector on recommendation from the Planning Board. The Building Inspector, on recommendation from the Planning Board, may require additional space if the particular use so warrants. (Rev. 7-1-92) Any deviation from all or a portion of the requirements for off- street parking must be obtained by a variance from the Zoning Board of Appeals. (Rev. 9-21-87) USE MINIMUM OFF-STREET PARKING SPACES REQUIRED Residential uses in the CC District 1 space per residential unit of 1 bedroom or smaller Residential units in the CC District w/more than 1 bedroom, residential 2 spaces per residential unit uses in the CG, CN, WD, RHD, RMD, R-6, R-10, R-15, R-22, R-45, and R-90 zoning districts Rooming house, Hotel, Motel 1 space for each rental unit plus 1 space for each eight seats provided for eating and meeting facilities Bed & Breakfast Establishment 1 space for every room rented, plus 2 spaces Hospital 1 space for every 2 beds Clubs, Lodges, and similar uses 1 space per 400 square feet of gross floor area Auditorium, Theater, General 1 space for every 4 seats, Meeting facilities or place thereof permanent or otherwise Business and Professional offices 1 space for every 250 sq. ft. of gross floor area (Ord. No. 169, 7-29-96) (Rev. 7-10-89 & 3-19-91) 104 USE MINIMUM OFF-STREET PARKING SPACES REQUIRED Retail Trade Establishment, 1 space for every 275 sq. ft. Personal service of gross floor% area for those establishments under 10,000 sq. ft. in g.f.a.; 1 space for every 200 sq. ft. of gross floor area for those establishments over 10,000 sq. ft. in gross floor area Clinic or medical buildings, including 1 space for every 150 sq. ft. medical offices as an accessory of gross floor area use in a residential dwelling Restaurant or similar indoor place 1 space for every 50 s.f. of dispensing food, drink, or refreshment floor area devoted to patron use Schools 1 space for each 500 sq. ft. of floor space, exclusive of basements Wholesale and storage in enclosed 1 space per 1,000 sq. ft. of buildings gross floor area for the first 20,000 sq. ft.; 1 space for each 2,000 sq. ft. of gross floor area for the second 20,000 sq. ft.; 1 space for each 4,000 sq. ft. of gross floor area for areas in excess of the initial 40,000 sq. ft. of gross floor area Open Storage space for every 1,000 s.f. of the lot devoted to the use thereon Manufacturing, Assembly, Pro- 2.5 spaces per 1,000 sq. ft. cessing, Research, Printing, of gross floor area and publishing (Ord. No. 169, 7-29-96) Congregate Housing for the Elderly .75 spaces per unit and Permanently disabled (Ord. No. 169, 7-29-96) Marina 1 space per boat slip which is legally present as a boat slip on land, or in a storage building (Rev. 7-10-89) B Off-street Loading Requirements 105 Off-street loading requirements for commercial and industrial uses, if established or expanded by more than 25 percent under this ordinance, shall be required to provide adequate off-street loading space for loading and unloading all vehicles incidental to the operation of the establishment. The Building Inspector, on recommendation from the Planning Board, may waive all or a portion of the requirements for loading or may require additional space if the particular use so warrants. C General Provisions 1. Required off-street parking spaces may be provided on the same lot with the principal use, or on a contiguous lot, or may be provided on a nearby lot and entrance to the use it serves shall not exceed 500 feet. 2. In the case of two or more uses on one lot, the requirement for the number of parking or loading spaces shall be the sum of the requirements for the various uses computed separately. The parking or loading spaces for one use shall not be considered as providing the required parking or loading spaces for any other use. Required loading space is not to be included as parking space in providing required parking spaces. 3. Where a principal use of a lot is not enclosed in a building, the portion of the lot so used shall be considered as the gross floor area for calculating off-street parking space requirements. 4. No accessory off-street parking space shall be permitted within the required front yard in any "R” District, except that this shall not be construed as applying to parking required for a one or two-family dwelling. 5. No employee parking shall be permitted within the required front yard in any "IR" District. No parking in any "IR" District shall be permitted less than 15 feet from any lot line. 6. Commercial or industrial vehicles with more than two axles not related to a home occupation or home professional office as defined in Section 29-2.B.23. shall not be allowed to be parked or stored on a permanent basis without a Special Permit in a Residential District. 7. "Piggy-back" parking, in which each space does not have independent access to a driveway or street, is not allowed, except when such spaces are permanently assigned to the same residential unit and except for one and two family homes. (Rev. 6-26-87) 106 8. For bed and breakfast establishments, all parking shall be off-street, not within the required front yard setback and “piggy back" parking shall not be allowed except for those spaces assigned to the permanent resident(s) of the structure. All other requirements of the City's parking requirements will apply as well (size of spaces, surfacing materials, etc.). (Rev. 3-19-91) D Parking, Loading Space and Design Specifications All parking or loading areas containing over three (3) spaces including automobile service and drive-in establishments shall be either contained within buildings or other structures, or be subject to the following, as well as all specifications of the City of Beverly: 1. Parking or loading spaces shall be effectively screened on each side of the parking area which adjoins or faces the side or rear lot line of premises situated in any “R”District. The screening shall be accomplished using one of the following methods: (i) a five (5) foot wide and five (5) foot high evergreen landscaping strip; (ii) a wall or fence of uniform appearance six (6) feet in height; (iii) a landscaped earthen berm at least five (5) feet in height. Such screening shall be maintained in good condition. (Rev. 7-10-89) 2. Every parking or loading area and access driveways thereto shall be surfaced with a durable and dustless material which shall meet with the approval of the Building Inspector and shall be graded and drained so as to disperse of all surface water and accumulation. 3. Any fixture used to illuminate any parking or loading shall be so arranged as to direct the light away from street and away from adjoining premises used for residential purposes. 4. Any off-street parking area shall also be subject to the following: 107 a. There shall not be any motor vehicle parking within five(5) feet of any side or rear lot line. b. There shall not be any vehicle repair facilities or any repair made to any motor vehicles. c. There shall not be any storage of materials, or equipment, except as part of approved building operations. d. Off-street parking spaces may be permitted within the required front yard in other than the "R” and "IR" Districts, but such space shall be set back from the street line by a minimum of ten (10) feet. E Design Requirements 1. All off-street parking and loading area containing three (3) or more spaces shall be so arranged and marked as to provide for orderly and safe loading, unloading, parking and storage of vehicles with individual parking spaces clearly defined. (Rev. 6-26-87) 2. Such areas shall meet the following requirements: a. Each parking space shall be at least nine (9) feet in width and eighteen (18) feet in length. Aisle width shall be a minimum of eighteen (18) feet for one-way traffic and twenty-four (24) feet for two-way traffic. the arrangement of parking spaces shall be approved by the Building Inspector–adhering to the requirements of the State Building Code and shall provide for safe pedestrian access in and around such parking areas as required by 780 CMR 1001 through 780 CMR 1009 inclusive as those regulations may be amended from time to time. (Rev. 7- 10-89; Ord. No. 43, 3-14-00). b. Each loading space shall not be less than 1,000 square feet, including space for maneuvering and arrangement or layout of off-street loading area shall be approved by the Building Inspector. C. Any portion of any entrance or exit driveway shall not be closer than twenty (20) feet to the curb of an intersecting street. d. Any two (2) drives leading from a street to a single lot shall not be within thirty (30) feet of each other at a street. e. Any entrance or exit driveway shall not 108 exceed twenty-five (25) feet in width at a street. 109 f. A maximum of two (2) driveway accesses at a street per lot are allowed, for example: a lot with frontage on two streets may have a maximum of four driveway accesses, two on each street. 110 29-25 SIGNS (entire section is amended as of 5-29-2003 by Ord. No. 59) A. Signs, generally: Declaration of Policy: It is hereby declared to be the policy of the City of Beverly that the protection of property values, the protection of the character of the various neighborhoods in the City, the encouragement of the sound development of land throughout the City for its most appropriate use, and the protection of the public welfare in general requires strict limitation of all display signs in the City. It is the general policy of the City that the primary purpose of a sign is for the identification of a business and not for advertisement. The design of the sign must respect and be compatible with the architecture of the building and surrounding buildings for which or upon which it is being erected. The intent of setting size, design, and location parameters for signs is not to promote the design of nearly identical signs, but to define limits within which applicants can be creative. Any sign placed on land or on a structure for the purposes of identification or protection of the same or for advertising a use conducted thereon shall be deemed to be accessory and incidental to such land, structure or use. All applications for a building permit to erect or alter any sign shall be reviewed by the Design Review Board. It is the purpose of this ordinance to place such limitations on display of all such signs in order to achieve a sense of order and aesthetics, to promote attractive commercial areas and entrances to the City of Beverly, to provide for the display of signs which are structurally safe and do not interfere with traffic movement, traffic signals, or traffic signs; and to assure that the signs will be appropriate to the land, building or use to which they are appurtenant and be adequate, but not excessive, for the purpose of identification. With respect to signs identifying business uses, such regulations have been devised after considering, among other matters: shopping habits, extent of trade areas, and means of access to such uses, and are specifically intended among other things, to avoid excessive competition among sign displays in their demand for public attention. Upon the removal, closing, or change of ownership of any business, industrial operation, or establishment, in all cases including lessors or lessees, any nonconforming sign then existing on the premises of said operation or establishment shall be removed and any new sign erected by a succeeding operation or establishment shall be conforming. No establishment that has the grandfathered use of a non- conforming sign shall be allowed to transfer that use to another 111 establishment or be allowed to use the sign to identify another establishment. Any exterior design features of a building or structure that are associated with a corporate image or identification of a business shall be considered a sign, or the extension of the area of a sign, and subject to regulation under this Ordinance. General guidelines: All signs must meet the following general guidelines regardless of zoning district and shall not violate the provisions of Section D: 1. The definitions for signs at 29-2(B) numbers 43(a)-(s) shall apply to this section. 2. Sign location: signs must be located so as not to detract from a building’s architecture. A sign shall not be placed such that it obscures the architectural elements such as roofs, cornices, columns, arches, windows, details, or other such building features or ornamentation. 3. Style and design of sign: lettering, shape, and color employed in a sign shall be compatible with the form, color, and materials of the building housing the establishment that the sign is identifying. Signs for different businesses within the same building, or for a collection of buildings including but not limited to those which form a shopping center shall be of harmonious style and design. 4. Sign message: given a sign’s primary purpose is identification, a sign’s message should clearly and simply identify a business. A sign may include lettering and symbols to indicate the name and the kind of primary business, service or facility conducted on the premises, and the year the business was established. The sign may include a street address. 5. Trademark: a sign may incorporate no more than one registered trademark, logo, or identifying symbol provided that the registered trademark, logo, or identifying symbol must be for an establishment only, not for a commodity or product sold by the establishment. The area of the registered trademark, logo, or identifying symbol shall be included in the calculation of the allowable area of the sign. 6. Illumination: Except as otherwise provided, signs may be illuminated either internally through the use of some sort of translucent materials (for example: individual letters, opaque, overhang) with lights behind or with neon tubing or externally through mounting of incandescent or fluorescent lamps directed at the sign on the building. The type of illumination employed shall not distract from the building’s architecture. Colored lighting, open flame, or bare bulbs shall not be used. 7. No sign or any portion of any sign, shall be allowed to have changeable messages, except those signs belonging to: theaters, places of worship, non-profit educational entities. 8. In the case of any inconsistencies among the provisions of this Section 29-25, the most restrictive provisions shall apply. B. Specific standards by zoning district: 112 1. Signs permitted in any CG, CC, IR, or IG district: a. Wall sign: One (1) permanent wall sign shall be permitted for each ground floor business' primary façade that face(s) a public way. The maximum size of the sign shall be determined as follows: (i) For businesses with up to 30 feet of primary facade: 20 square feet; (ii) For businesses with a primary façade between 30 feet and 40 feet: 30 square feet; (iii)For businesses where the primary façade is greater than 40 feet in length, the allowed size of the sign shall be determined by a formula that, described in general terms, compares the length of the primary façade, expressed as a square footage number, with a distance between the business and a public way. The size is determined as follows: (a) If the distance of the closest point of the building to the nearest lot line abutting a public way is more than 0 foot but not greater than 20 feet, the maximum sign area shall be the lesser of either 25 s.f. or two times the length of the primary façade (that is, the length of the primary façade expressed as a square footage number); (b) If the distance of the closest point of the building to the nearest lot line abutting a public way is more than 20 feet, but not greater than 40 feet, the maximum sign area shall be the lesser of either 30 s.f. or two times the length of the primary façade (that is, the length of the primary façade expressed as a square footage number); (c) If the distance of the closest point of the building to the nearest lot line abutting a public way is more than 40 feet but not greater than 80 feet, the maximum sign area shall be the lesser of either 60 s.f. or two times the length of the primary façade (that is, the length of the primary façade expressed as a square footage number). For example, if the primary façade of this building is 50 feet long, then the sign could be no larger than 60 square feet. [60 s.f. is less than 2 x 50 (the length of the primary façade) = 100 s.f. (d) If the distance of the closest point of the building to the nearest lot line abutting a public way is more than 80 feet, the sign shall be the lesser of either 150 s.f. or two times the length of the primary façade (that is, the length of the primary facade expressed as a square footage number). For example, if the primary façade of this building is also 50 feet long, then the sign could be no larger than 100 square feet. 113 [100 s.f. (2 x 50, the length of the primary façade) = 100 is less than 150 s.f.] All signs must be placed in the building’s sign band, if one exists and the sign must be placed so it does not obscure architectural detail of the building. If a building does not have a sign band, then the top of any sign shall be no higher than the middle of the sills of the second story windows or fifteen feet above grade, whichever is lower. Wall signs shall project no more than twelve (12) inches out from the building. Mounting hardware shall be placed to minimize its view from the sidewalk. b. Freestanding sign: No freestanding sign shall be permitted in the CC, CG, IR, & IG districts except in the cases where: Single Building with a Single Business: A single building has only one business and lacks visibility from the street because the entire building is situated more than 200 feet from the front lot line, or more than 75% of the building is obscured by topography (ledge, hills, valleys). In this case, one (1) freestanding sign up to ten (10) square feet in area is allowed. The top of the sign shall be no higher than fifteen (15) feet above grade, have no more than two (2) faces, shall not overhang any public way, and shall not be more than twelve (12) inches deep. Single Building with Several Businesses: A single building has two or more businesses and lacks visibility from the street because the entire building is situated more than 200 feet from the front lot line, or more than 75% of the building is obscured by topography (ledge, hills, valleys). In this case, one freestanding sign up to thirty (30) square feet in area is allowed. The top of the sign shall be no higher than fifteen (15) feet above grade, have no more than two (2) faces, shall not overhang any public way, and shall not be more than twelve (12) inches deep. Several Buildings with several businesses: Several buildings have, in the aggregate, more than two businesses (e.g. without limitation, retail shopping center, business office park, consisting of wholesale, manufacturing, or service businesses) and lacks visibility from the street because all buildings are situated more than 200 feet from the front lot line, or more than 75% of all buildings are obscured by topography (ledge, hills, valleys). In this case, one freestanding sign up to thirty-five (35) square feet in area is allowed. The top of the sign shall be no higher than 15 feet above grade, have no more than 2 faces, shall not overhang a public way, and shall not be more than twelve (12) inches deep. Freestanding signs for single buildings with several businesses and for several buildings with several businesses shall employ a sign that gives the place name of the set of businesses as one 114 entity or by one name (e.g. “North Beverly Plaza” or “Cummings Center” and may include the street address within the square foot area allowed for the sign. c. Window signs: Upper floor and ground floor uses: One (1) sign is permitted per business provided it does not cover any more than the lesser of: 1. twenty (20) percent of the window opening in which the sign is located; 2. maximum of ten (10) square feet. Such signs must be individual letters affixed or painted in a single window opening (see definition). d. Awning signs: One (1) awning sign is permitted for each ground floor use provided that letters are painted on or integral to awning fabric, are in a maximum of one (1) line and are no larger than six (6) inches in height. No internally illuminated awning signs are allowed. e. Temporary signs: Temporary exterior signs are allowed as follows: 1. An application must be filed with the Building Inspector; 2. The application must state text and time period when the sign will be displayed; 3. Only one sign is allowed at a time per business; 4. The sign shall be displayed no longer than fourteen (14) consecutive days; and 5. No other temporary sign can be applied for until a 21-day no- sign period has passed since the last temporary sign was displayed. The provisions of this subsection (e) shall not apply to retail businesses from November 15 to January 15. f. Gasoline filling station signs: Gasoline filling stations shall be allowed the following three types of permanent signs: a primary façade sign, a canopy sign, and a gasoline price sign, provided however that such signs shall meet all of the other requirements of Section 29, in addition to those set forth is this subsection. 1. Canopy Signs. Up to two (2) canopy signs are permitted for each gasoline filling station, provided that they are each a maximum of one (1) line, not greater than twelve (12) inches in height and not longer than six (6) feet. Identifying symbols (logo, trademark, etc.), if any, shall be considered part of the 115 canopy sign when calculating the maximum allowed size. No internally illuminated canopy signs are allowed. 2. Gasoline Price Signs. In addition to signs specified in this section and pump signs specifically allowed in Section 29-25C, gasoline filling stations are also permitted one non- illuminated gasoline price sign not to exceed nine (9) square feet. All letters and numbers shall not exceed 8 inches in height. The bottom of the gasoline price sign shall not exceed 8 feet higher than grade. The calculation of the maximum size of a gasoline filling station price sign shall include the gasoline prices, the company name, if any, and all identifying symbols (logo, trademark, etc.) if any. No business establishment that includes a gasoline filling station shall be allowed more than one gasoline price sign. The gasoline filling station price sign shall have no more than two (2) faces. All signs for the retail sale of food (whether prepackage or prepared on the premises under a separate business name) and accessory items associated with automobile maintenance and use shall be included in the maximum allowed signage calculations for gasoline filling stations. See also Gasoline pump signs (see Section 29-25 – C13) g. Residential Project Signs: Sign may not exceed twenty (20) square feet in area and six (6) feet in height, and may give the place name of a multiple-family dwelling complex or single- family subdivision. Signs permitted in any CN, HD, or WD district: 2. a. Wall sign: One (1) permanent wall sign not to exceed a maximum of twenty (20) square feet is permitted for a ground floor use’s primary façade. All signs must be place in the building’s sign band if one exists and the sign must be placed so it does not obscure architectural detail of the building. If a building does not have a sign band, then the top of any sign shall be no higher than the bottom of the sills of the second story windows or fifteen feet above grade, whichever is lower. The sign shall project no more than nine (9) inches out from the building. Mounting hardware shall be placed to minimize its view from the sidewalk. Lighted signs may only be externally illuminated. b. Freestanding sign: No freestanding sign shall be permitted in the CN, HD, or WD districts except in the cases where: Single Building with a Single Business: (1) A single building has only one business and lacks visibility from the street because the entire building is situated more than 200 feet from the front lot line, or more than 75% of the building is obscured by 116 topography (ledge, hills, valley). In this case one (1) freestanding sign up to ten (10) square feet in area is allowed. The top of the sign shall be no higher than fifteen (15) feet above grade, have no more than two (2) faces, shall not overhang any public way, and shall not be more than twelve (12) inches deep. Single Building with Several Businesses: (2) A single building has two or more businesses and lacks visibility from the street because the entire building is situated more than 200 feet from the front lot line, or more than 75% of the building is obscured by topography (ledge, hills, valleys). In this case, one freestanding sign up to twenty (20) square feet in area is allowed. The top of the sign shall be no higher than fifteen (15) feet above grade, have no more than two (2) faces, shall not overhang any public way, and shall not be more than twelve (12) inches deep. Several Buildings with Several Businesses: (3) Several buildings have, in the aggregate, more than two businesses (e.g. without limitation, retail shopping center, business office park, consisting of wholesale, manufacturing, or service business) and lack visibility from the street because all buildings are situated more than 200 feet from the front lot line, or more than 75% of all buildings are obscured by topography (ledge, hills, valleys). In this case, one freestanding sign up to twenty-five (25) square feet in area is allowed. The top of the sign shall be no higher than 15 feet above grade, have no more than 2 faces, shall not overhang a public way, and shall not be more than twelve (12) inches deep. Freestanding signs for single buildings with several businesses and for several buildings with several businesses shall employ a sign that identifies the set of businesses as one entity or by one name (e.g. “North Beverly Plaza” or “Cummings Center”) and may include the street address within the square foot area allowed for the sign. c. Window signs: 1. Upper floor uses: One (1) sign (up to 3 s.f. in size) is permitted per business. Illuminated signs are not permitted. 2. Ground floor uses: One (1) sign is permitted per business provided it does not cover more than the lesser of: (a) twenty (20) percent of the window opening in which the sign is located; or (b) a maximum of six (6) square feet; Such signs must be individual letters affixed or painted in a single window opening (see definition). d. Awning signs: One (1) awning sign is permitted for each ground floor use provided that letters are painted on or integral to awning fabric, are a maximum of one (1) line and are no larger 117 than six (6) inches in height. No internally illuminated awning signs are allowed. e. Temporary signs: Temporary signs are allowed as follows: 1. An application must be filed with the building inspector; 2. The application must state text and time period when the sign will be displayed; 3. Only one sign is allowed at a time per business; 4. The sign shall be displayed no longer than fourteen (14) consecutive days; and 5. No other temporary sign can be applied for until a 21-day no-sign period has passed since the last temporary sign was displayed. The provisions of this subsection (e) shall not apply to retail businesses from November 15 to January 15. f. Gasoline filling station signs: Gasoline filling stations shall be allowed the following three types of permanent signs: a primary façade sign, a canopy sign, and a gasoline price sign, provided however that such signs shall meet all of the other requirements of Section 29, in addition to those set forth is this subsection. 1. Canopy Signs. Up to two (2) canopy signs are permitted for each gasoline filling station, provided that they are each a maximum of one (1) line, not greater than twelve (12) inches in height and not longer than six (6) feet. Identifying symbols (logo, trademark, etc.), if any, shall be considered part of the canopy sign when calculating the maximum allowed size. No internally illuminated canopy signs are allowed. 2. Gasoline Price Signs. In addition to signs specified in this section and pump signs specifically allowed in Section 29-25C, gasoline filling stations are also permitted one non- illuminated gasoline price sign not to exceed nine (9) square feet. All letters and numbers shall not exceed 8 inches in height. The bottom of the gasoline price sign shall not exceed 8 feet higher than grade. The calculation of the maximum size of a gasoline filling station price sign shall include the gasoline prices, the company name, if any, and all identifying symbols (logo, trademark, etc.) if any. No business establishment that includes a gasoline filling station shall be allowed more than one gasoline price sign. The gasoline filling station price sign shall have no more than two (2) faces. All signs for the retail sale of food (whether prepackage or prepared on the premises under a separate business name) and accessory items associated with automobile maintenance and use 118 shall be included in the maximum allowed signage calculations for gasoline filling stations. See also Gasoline pump signs (see section 29-25 – C-13). Residential Project Signs: Signs may not exceed twenty (20) square feet in area and six (6) feet in height, and may give the place name of a multiple-family dwelling complex or single-family subdivision. C. Signs Not Requiring Design Review Board Approval The following signs shall be allowed by right without the necessity of DRB approval provided, however, that they shall conform with the provisions of Paragraph A of this Section 29-25. 1. Signs erected by or on the order of a governmental agency when limited to governmental purposes, and excluding any advertising; 2. Names of building, date of erection, monument citation and commemorative tablets when made a permanent and integral part of a building or site not exceeding five (5) square feet. 3. Banners or flags emblematic of or issued by national, state, or local governments; 4. Holiday decorations and lights when in season; 5. Signs not to exceed two (2) square feet in size which indicate warnings, hazards, or public conveniences such as “trespass,” “beware of dog,” and restroom signs; 6. Signs not to exceed two (2) square feet in size which are necessary for safety and direction of residents, employees, customers and visitors, whether in a vehicle or on foot provided that such signs do not carry the name or symbol of any product and that the name or symbol of any business does not take up more than 30% of the sign space; 7. Signs whose purpose is to identify a house of worship or a community building, provided that the sign does not exceed 12 square feet in size and is not internally illuminated; 8. Signs not to exceed two (2) square feet in size whose purpose is giving only direction and distance to specified house of worship; community buildings, provided that no such sign shall be illuminated; 9. Home signs, not to exceed two (2) square feet in size which indicate the name and address of the occupant(s) of a dwelling; 10. A sign, not to exceed (2) two square feet, which indicates a permitted accessory use or home occupation; 11. One (1) temporary sign, not to exceed six (6) square feet in all residential districts or twenty-four (24) square feet in all other districts, which announces the prospective sale, rent, lease, or trade of, or contracting work done on, the property. Such sign shall be removed within three (3) days after the sale, rental, lease, trade, or completion of work on such premises; 12. Directory boards attached to buildings shall be allowed for the sole purpose of directing the public to and identifying the location of occupants or tenants within a building(s), provided that the letters in directory boards shall not exceed one (1) 119 inch in height; and the total sign area shall not exceed three (3) square feet; 13. One sign on the gasoline pump indicating the types and prices of gasoline provided the sign shall not exceed one square foot; 14. Temporary window signs on the first floors of nonresidential buildings provided they do not exceed the smaller of six square feet or 20 percent of the area of the window (see definition of sign area) and are up no longer than 14 days. D. The Following Types of Signs are Prohibited 1. Any sign displaying flashing or intermittent lights, or lights of changing degrees of intensity, except a sign indicating time or temperature, with changes alternating on not less than a five- second cycle when such time or temperature sign does not constitute a public safety or traffic hazard, in the judgment of the Building Inspector and the judgment of the Design Review Board. 2. Any lighting either by exposed tubing or string of lights outlining a part or all of a building or affixed to any ornamental feature thereof, except those items temporarily affixed to a building or other portions of the premises which denote a particular season of the year or universally celebrated holiday. 3. Any sign that obscures a sign displayed by public authority for the purpose of giving traffic instructions or directions or other pubic information. 4. Any sign that uses the word “stop” or “danger” or otherwise presents or implies the need or requirement of stopping or caution or the existence of danger, or which is a copy or imitation of, or which for any reason is likely to be confused with any sign displayed by public authority. 5. Any sign that obstructs light or impedes a person’s passage through any window, door, fire escape, stairway, ladder or opening intended to provide light, air, ingress, or egress for any building, as required by law. 6. Any sign or sign illumination that causes any direct glare into or upon any street, or into or upon any building other than the building to which the sign is affixed. 7. Any portable sign, with or without self-contained wheels, which is designed and constructed so as not to be permanently affixed to the land (namely, freestanding) and moved from one place or location to another. This includes any removable signs displayed on a vehicle. 8. Any sign that violates any provision of any law of the State relative to outdoor advertising. 9. Signs constructed, erected or maintained above the roofline of any building, except with Design Review Board approval. 10. Any off-premises sign, such as a billboard, which indicates a use or product not available on the property where the sign is located. 11. Any sign which advertises or calls attention to any products, businesses, or activities, which are no longer sold or carried on at the premises where the sign is located. No such sign shall 120 remain for more than thirty (30) days beyond the date the business vacates said premises. Both the landlord and the lessee shall be individually responsible for removing such signs. 12. Any right angle wall sign that project more than four (4) feet from a building face or wall; 13. Any sign, which due to its placement obscures the visibility of motor vehicles thus creating a traffic hazard. 14. Any sign not expressly permitted by this ordinance. E. Permit Requirements and Design Review Process Except as provided for in Section 29-25C of this ordinance, no sign shall be erected, or existing sign altered in any way without review and approval by the Design Review Board and without issuance of a building permit as required by the Building Inspector. All such signs shall be subject to the following design review process: Application: the applicant shall submit to the Design Review Board seven (7) copies of the application form describing the design of the proposed sign along with a colored drawing of the sign to scale, a site plan, if applicable, and a photograph showing the existing building or site, and such other material as may be required by the Design Review Board. The submittal of the application shall be in form and format as specified by the Design Review Board. The Board may revise such application requirements, as necessary, from time to time. Design Review application fees: the applicant shall submit to the Design Review Board the application form, other required materials and the application fee identified below: a. For signs and canopies: $2.00 per square foot; and b. For new building construction: $100.00 1. Design Review Board decision: within sixty (60) days of the receipt of the application including all required materials, the Design Review Board shall either approve or disapprove the application. It is suggested that the applicant be present at the meeting. Should the Board fail to take action within sixty (60) days after receiving application, the requested sign shall be deemed approved by the Design Review Board. 2. Sign permit: upon notice of approval from the Design Review Board, the applicant may apply for a sign permit for the proposed signage from the Building Inspector. In keeping with Section 29-5(M) of the City’s Zoning Ordinance, and in recognition of the difficulty in regulating the use of all types of signs within the City, the Design Review Board shall also be assigned the following duties: (a) The Design Review Board shall approve or disapprove all signs proposed now or hereafter within the City of Beverly which are not expressly allowed by right by this ordinance. 121 In approving or disapproving any particular sign not expressly allowed by this ordinance, the Design Review Board shall take into consideration the following: i) the zoning district, the uses existing in the area, and the general character of the area; ii) the economic and business interests of the party having erected or proposing to erect the sign; iii) the aesthetic appearance of the sign and its overall effect on the surrounding area, including ensuring that the sign is consistent with the general policy and adheres to the design guidelines as defined in Section 25-29(A) of this ordinance. (b) The Design Review Board shall not approve the erection of any sign expressly prohibited by this ordinance, other City ordinance, or the building code of the Commonwealth of Massachusetts. F. Maintenance and Enforcement All signs and their devices supporting them shall be kept in good repair and safe condition. This shall mean the absence of rust, broken or dangling parts, and cracked, peeling, and flaking paint. The Building Inspector or a designee is authorized to order the repair or removal of any sign and its supporting structure which in the judgment of the Building Inspector is deemed unsafe, in disrepair, or which is erected or maintained contrary to the provisions of this ordinance. Any person, firm or corporation violating any section or provision of this ordinance which pertains to signage shall be issued a warning and be given fourteen (14) days to comply. If a violation continues unabated past such time a citation with a fine of one hundred dollars ($100.00) shall be issued for each day willful violation continues. The Building Inspector or a designee shall be responsible for issuing such warnings and citations for such violations of the provisions of this ordinance and for enforcing the provisions of this section.” 29-26 NON-CONFORMING USES A Existing Buildings This Chapter or any amendments thereto shall not apply to existing buildings or structures, nor to the existing use of any building or- structure, or of land to the extent to which it is used at the time of the adoption of this Chapter or Amendment, but it shall apply to a change of use and to any alteration of a building or structure , when the same would amount to reconstruction, extensionor 122 structural change, and to any alteration of a building or structure to provide for its use for a purpose or in a manner substantially different from the same purpose to a substantially greater extent. It is the intent of this Chapter to regulate non-use of non- conforming buildings and structures so as not to unduly prolong the life of non-conforming uses. It is further the intent of this Chapter that non-conforming uses shall not be enlarged upon, expanded, or extended, except as specifically provided herein. Expansion and alteration of a non-conforming building or structure with a conforming use is allowed if the alteration or enlargement itself is conforming. B Discontinuance of Non-Conforming Use Where the non-conforming useof a structure, or structure and premises in combination, is discontinued or abandoned for two years, the structure, or structure and premises in combination, shall not thereafter be used except in conformity with the regulations of the district in which it is located. C Elimination of Non-Conforming Use Status Where non-conforming use status applies to a structure or structure and premises in combination, removal or destruction of the structure shall eliminate the non-conforming status of the land. Such structure or use may be replaced within one year by Special Permit. Destruction for the purposes of this subsection is defined as damage to an extent of more than fifty percent of the replacement cost at the time of destruction. D Change to Another Non-conforming Use The Board of Appeals may authorize the issuance of a Special Permit for a change to another non-conforming use of an existing non- conforming building or use, or its alteration or enlargement; provided, that the Board finds the use as changed, altered, or extended will not depart further from the intent of this Chapter than the prior use or degrees of use; that such use is neither increased in building volume or area by more than twenty- five percent (25%); and that any substituted use is not prohibited in the most restricted district in which such existing non-conforming use is permitted. 123 124 29-27 BOARD OF APPEALS A Continuance and Authority The Board of Appeals in existence when this amendment shall take effect shall continue subject to its existing rules and procedures, the authorities conferred thereon by Chapter 40A of the Massachusetts General Laws, and the provisions of this Chapter. 1. There shall be a Board of Appeals consisting of five (5) members who shall be appointed by the Mayor and approved by the Board of Aldermen. The terms of the appointed members shall be such that one expires on January 31 of each year. Any vacancy on the Board shall be similarly filled for any unexpired term and such Board shall annually elect a chairman from its own members. 2. There shall be five (5) associate members of the Board of Appeals, who shall be appointed by the Mayor and approved by the Board of Aldermen, and in case of a vacancy, inability to act, or interest on the part of a regular member of the Board, his or her place shall be filled by an associate member, who shall have all powers and duties of the member whose place he or she fills. 3. The Clerk of the Department of the Inspection of Buildings shall act as. the Clerk of the Board. Any person whose application has been refused may appeal therefrom within sixty (60) days. Such appeal shall be in writing and shall be filed, together with a fee of ten dollars ($10), with the Building Inspector, who shall transmit the appeal to the Board at once, and deposit the fee with the City Collector. 4. The cost of advertising of the hearings shall be paid for by the petitioner to the Clerk of the Board of Appeals. 5. After such notice to the appellant, to the inspector and to other such parties as the Board may order, and after fourteen (14) days published notice, a hearing shall be had, and the Board may by a four-fifths vote, affirm, annul, ormodify the proposal in harmony with the intent and purpose of the Chapter but not otherwise. 6. The Board of Appeals shall keep a detailed record of its proceedings. The record shall indicate: the vote of each member upon each question, including whetherthe 125 member was absent or failed to vote: the reason or reasons for the Board's decision; and the official action taken. B Matters of Interpretation Upon appeal from the decision by an administrative official, the Board of Appeals shall decide any question involving the interpretation of any provision of this Ordinance. C Special Permit Uses 1. The Board of Appeals may authorize the uses set forth in this Ordinance by Special Permits, subject to the provisions of this Article, except the Planning Board, not the Board of Appeals, will be the Special Permit Granting agency for Special permits in the CC or WD District (except for Bed & Breakfast establishments) and for the special permit concerning Floor Area Ratio (FAR) bonus. 2. Before taking final action on applications for special Permit uses, the Board of Appeals shall consider if the following and other conditions are met: a. That the specific site is an appropriate location for the proposed use, and that the character of adjoining uses will not be adversely affected. b. That no factual evidence is found that property values in the district will be adversely affected by such use. C. That no undue traffic and no nuisance or unreasonable hazard will result. d. That adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed use. e. That there are no valid objections from abutting property owners based on demonstrable fact. f. That adequate and appropriate City services are or will be available for the proposed use. 3. Site Plan Review by the Planning Board will be required for any project for which a Special Permit is necessary. See Section 29-28.c. for procedures and filing requirements. (Rev. 7-1-92) 4. In granting approval of an application for a Special 126 Permit use, the Special permit granting authority may attach all reasonable and necessary conditions to assure that the uses of surrounding properties are adequatelysafeguarded and that the intent of the Comprehensive Plan and this Ordinance are maintained. 5. Construction or operations under a Special Permit shall conform to any subsequent amendment of this Ordinance unless the use or construction is commenced within a period of six months after the issuance of the permit, and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable. 6. A Special Permit shall lapse after two years, and including such time required to pursue or await the determination of an appeal, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause. 7. The Special Permit Granting Authority shall adopt rule and regulations relative to the issuance of special permits. A copy of the Rules and Regulations are filed with the City Clerk. D Variances 1. The Board of Appeals may grant variances, including variances for use in any non-residential district, (but no use variance may be granted in any "R” districts), to the strict application of any of the requirements of this Ordinance only for reasons of practical difficulty and demonstrable and substantial hardship, financial or otherwise, to the appellant, and only where the Board finds that: (Rev. 6-26-92) a. There are special circumstances or conditions applying to the land or building for which the variance is sought (such as, but not limited to, the exceptional narrowness, shallowness or shape of the property in question, or exceptional topographical conditions) which circumstances or conditions are peculiar to such land or building but not affecting generally the zoning district in which it is located and the application of the standards of this Chapter would deprive the applicant of a reasonable use of the property. 127 b. The specific variance as granted by the Board is the minimum variance that will grant reasonable relief to the owner and is necessary for a reasonable use of the land or building. C. The granting of the variance will be in harmony with the general purpose and intent of this Chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. In addition to considering the character and use of nearby buildings and land, the Board in determining its finding, shall take into account the number of persons residing or working in such buildings or upon such land and the present and probable future traffic conditions. 2. In acting on any variance, the Board of Appeals shall consider one or more of those factors set forth under Section 29-27.c.2. of this ordinance as appropriate, and shall prescribe any conditions and safeguards that it deems to be necessary or desirable. These conditions cannot require continued ownership of the land or structure by the application, petitioner, or owner. E Temporary Use Variances 1. The Board of Appeals may grant a Special Permit for the removal of topsoil, sand, gravel, or other natural materials for commercial purposes, as a temporary nonconforming use in an "IR" or "IG" District, provided that the following conditions apply: a. The Board of Appeals shall hold a public hearing after notifying all interested parties, all as provided by Chapter 40A of the Massachusetts General Laws. b. The applicant shall furnish a plan showing present and proposed conditions and state a time of completion. C. The Board of Appeals shall consider the neighborhood and its future development in passing on applications. d. The applicant shall furnish a performance bond of an amount determined by the Board of Appeals and surety satisfactory to the City Treasurer. 128 e. The applicant shall authorize the City to usethe proceeds of the bond to restore the property to condition not detrimental to the neighborhood or its future development if the work is not completed within two years of the proposed time, or within a granted extension of time. An extension of time may be granted by the Planning Board. f. Temporary use permits shall be granted for a period not to exceed five (5) years and may be renewed annually at the discretion of the Board. 2. The Board of Appeals may grant a variance for a non-conforming building, structure, or use incidental to the development of a subdivision or other construction project in any "R” District, including such accessory uses as a construction office, real estate sales office, and storage of materials and supplies located on the tract or lot to which such use is accessory. A temporary use permit for such use or building shall be issued only upon written agreement of the owner, or his or her agent to remove such building or structure within 30 days after completion of construction or the issuance of a Certificate of Occupancy for the last house of a subdivision. Such temporary permit shall be issued for a period not to exceed three (3) years and may be renewed annually at -the discretion of the Board. F. Procedures for Special Permits and Variances Procedural requirements for Special Permits and variances shall be in accordance with Chapter 40A, Massachusetts General Laws on file with the City Clerk. Optional procedural requirements of Chapter 40A are not included in this Ordinance. The Zoning Board of Appeals shall be the authority to grant Special Permits and variances. G. Fees for Appeals and Applications All appeals and applications filed with the Board of Appeals shall be accompanied by a fee to cover publication of hearing notices and other administrative expenses, such fee to be in accordance with the schedule adopted by the Board of Appeals and approved by the Board of Aldermen and payable to the City of Beverly. 129 29-28 ADMINISTRATION AND ENFORCEMENT A Building Inspector 1. It shall be the duty of the Building Inspector and he or she shall have the powers necessary to administer and enforce the provisions of this ordinance. 2. Said official shall keep a record of all applications for permits issued with a notation of any special conditions involved. He shall file and safely keep copies of all plot plans submitted and the same shall be a part of his or her records. B Permits Required 1. No building or structure shall be erected, added to or altered and no excavation shall be started until a Building Permit therefor shall have been issued by the Building Inspector stating that the building complies with all provisions of this ordinance. 2. No land or building shall be occupied, used, or changed in use until a Certificate of Occupancy shall have been issued by the Building Inspector stating that the proposed use of such land or building complies with all the provisions of this Ordinance. 3. A Certificate of Occupancy shall be applied for at the same time application is made for a building permit and shall be issued following an inspection of the premises by the Building Inspector and his or her finding that all provisions of this ordinance have been met. 4. Applications for Building Permits and Certificates of Occupancy shall be made in duplicate on forms provided by the Building Inspector, each to be accompanied by a plot plan drawn to scale showing all lots and required yard dimensions, the size and location of all buildings and uses, and all other information as may be required by the Building Inspector to process said applications. The proposed handling of water supply and sewerage disposal shall be described on all applications and shown on the plot plan. 5. For purposes of administration, such permit and application procedure involving a structure may be made at the same time and combined with the permits required under the State Building Code. 130 6. Where applications are denied by the Building Inspector, the specific reasons for so doing shall be stated fully on the filed copies of the application and one copy returned to the applicant. 7. All valid permits must be exercised within twelve (12) months after date of issue. If the valid permit is not exercised, a renewal permit must be applied for. C Site Plan Review Requirements for Certain Commercial, Industrial and Multi-Family Developments (whole section amended as of 11/21/88) 1. Projects requiring site plan review are listed in Tables I and II below. Table I lists those projects involving new construction which are subject to site plan review. Table II lists those projects involving expansion of existing structures which are subject to site plan review. *************************************************************************** Table I Zoning Building Size Requiring Site Plan Classification Review for New Construction ___________________________________________________________________________ IG 5,000 sq. ft. (Rev. 7-1-92) IR 25,000 sq. ft. or more than one (1) structure on a lot CG lot coverage over 65% cc 1,000 sq. ft. CN 1,000 sq. ft. WD 1,000 sq. ft. (Rev. 7-1-92) HD 5,000 sq. ft. (Rev. 7-1-92) multi-family over ten (10) units; more than two (2) townhouses or similar building type on a single lot *************************************************************************** 131 Table II Existing Percent Increase In Gross Square Structure(s) Footage Requiring Site Plan Review _____________________________________________________________________ IG-zoned buildings 30% over 10,000 sq. ft. IR-zoned buildings 30% over 25,000 sq.ft.or more than one structure on a lot CG-zoned buildings with 1% totallot coverage ex- ceeding 65% CC-zoned buildings over 40% 1,000 sq. ft. CN-zoned buildings over 40% 1,000 sq. ft. WD-zoned buildings over 5,000 sq. ft. 20% (Rev. 7-1-92) HD-zoned buildings over 5,000 sq. ft. 20% (Rev. 7-1-92) Multi-family buildings over ten (10) units, or 20% more than two (2) town- houses or similar building type on a lot ************************************************************************** 2. Procedure - Applicants shall submit to the Planning Board five (5) copies of an application for site plan review and five (5) sets of plans. The applicant shall also file one (1) copy of the site plan review application with the City Clerk. An application for site plan review shall also be accompanied by the following: a. A list of the names and addresses of all property owners of record who share a common property line with any portion of the property specified on the site plan review application and plan; 132 b. A filing fee of seventy-five dollars ($75.00); and C. Written permission from the owner of the property to apply for site plan review, if the applicant is not the owner. At least seven (7) days prior to the date of the public hearing, the Planning Board shall advertise the public hearing in a newspaper of local circulation and shall send written notice by mail to all abutters. Final action on the site plan shall be taken by the Planning Board after a public hearing has been held and within sixty-five (65) days of the date of the public hearing. All applications for site plan review shall be forwarded to both the Parking and Traffic Commission and the Design Review Board for their comments and recommendations. The recommendations of this Board and Commission shall be received by the Planning Board within thirty (30) days of submission to the Board/Commission. Failure to forward comments within thirty (30) days will be deemed conclusion of review by the Design Review Board or the Parking and Traffic Commission. All applications for site plan review will also be forwarded to the City Engineer for his review and approval. Failure of the Planning Board to act within sixty-five (65) days of the public hearing shall be deemed as conclusion of review and it shall forthwith make its endorsement on said plan and, on its failure to do so, the City Clerk shall issue a certificate to the same effect. The Planning Board shall communicate to the appropriate municipal officials and to applicant the results of its review. The Planning Board may waive any of the requirements of this Section if deemed in the best interest of the City to do so. 3. Contents of plan - A plan accompanying an application for site plan review shall be drawn to whatever scale necessary to show clearly all site features, and shall include or be accompanied by the following: a. A locus map drawn at a scale of 1" = 800'; b. The location and name of all streets in the immediate vicinity of the proposed project with a notation as to whether the street is a public or private right-of-way; C. Zoning and Historic District boundary lines; 133 d. Existing and proposed contour lines at one (1) or two (2) foot intervals; e. The location and dimensions of all existing and proposed buildings on the site, and on abutting properties; elevation and facade treatment plans of all proposed-buildings and signs; f. Information on the location, size, and capacity of existing and proposed utilities which will service the project (water, sewer, electric, etc.) as well as hydrant location(s); g. Information on the method of surface and subsurface drainage disposal; location, type , and intensity of lighting; location, size, type, and number of existing and proposed landscape features; location and dimensions of signage; location of waste and refuse disposal facilities, and adequacy of same; h. Calculations of amount of parking required, and the location, size, and type of parking, loading and unloading, and service areas; i. Information sufficient to demonstrate that satisfactory arrangements will be made to facilitate traffic movement to, from, and within the site, such arrangements to be subject to the review and approval of-the Parking and Traffic Commission ("sufficient information" may require the submission of a traffic study); and j. Any additional data (including but not limited to drainage studies, demographic studies, etc.) which the Planning Board may deem necessary to evaluate the proposed project as it relates to surrounding areas, anticipated traffic and public safety and the intent of the Comprehensive Plan and this Ordinance. D Violations and Penalties 1. If at any time the Building Inspector finds that any construction or use has been commenced in violation of this Ordinance, he or she shall immediately notify the owner or agent of the nature of the violation in writing and order the abatement of such violation. 2. Failure to comply with any provisions of the Ordinance or with any specific conditions and safeguards established by the Board of Appeals in granting a variance or Special Permit, shall cause the violator to 134 be liable for a fine not to exceed $50.00 for each day such violation continues unabated after the remedy of same is ordered by the Building Inspector. 3. Wherever any violation of this ordinance occurs, any person may file a complaint in regard thereto in writing to the Building Inspector. The Building Inspector shall immediately investigate said complaint and, finding a violation to exist, shall act according to paragraph 29-28.D.l. of this Ordinance. 135 29-29 AMENDMENT A Proposed amendments to the Zoning Ordinance shall be made in accordance with the procedures provided by Chapter 40A of the Massachusetts General Laws on file with the City Clerk. Optional provisions of Chapter 40A concerning the amendment process are not included in this Ordinance. 136 29-30 OVERLAY DISTRICT(S) A FOD Floodplain Overlay District 1. Purpose To protect the health and safety of residents of lands subject to seasonal or periodic flooding. To minimize future flood damage by providing for the maintenance of existing waterways, waterbodies, and wetlands through a Flood Plain management program. 2. Definitions Flood (or flooding) - means a general and temporary condition of partial or complete inundation of normally dry land areas. This inundation can result from: a. The overflow of inland or tidal waters. b. The unusual and rapid accumulation or runoff of surface waters from any source. Floodplain (and 100-year flood) - specific flood hazard areas are determined by the Federal Emergency Management Agency and indicated on Flood Insurance Study Maps. The 100-year floodplain area represents land areas subject to a one percent (1%) or greater chance of flooding in any given year. Floodproofing - means the process of making a structure watertight with walls substantially impermeable to passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Floodway - the channel of a river, stream, brook, or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Flood Insurance Rate Map - Flood Insurance Study - the official report(s) for a community on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zone applicable to the community. The study includes flood profiles, water surface elevations of the base flood, and the flood boundary/floodway map. 137 3. Use Regulations The Floodplain District is hereby established as an overlay district. The district includes all special flood hazard areas designated as Zone A, Al - A30, and Zone V and VI - V30 on Beverly's Flood Insurance Rate Maps and Flood Boundary and Floodway Maps dated March 18, 1985 (or as may be later amended). (These maps are available for viewing at the City Engineer's office). Any uses permitted under this Ordinance in areas overlaid by the Floodplain District shall be subject to the provisions of the Commonwealth State Building Code, section 744, entitled "Design Requirements for Floodplains and Coastal High Hazard Areas." Additionally, permitted uses are subject to the following requirements: a. All encroachments, including fill, new construction, substantial improvements to existing structures, and other developments are prohibited in the floodway as designated on the Flood Boundary and Floodway Map for Beverly. b. In zone AO, (areas of 100-year shallow flooding where depths are between one and three feet), for all new construction and substantial improvements, it is required that: 1. Residential structures have the lowest floor (including basement) elevated above the crown of the nearest street to or above the depth specified on Beverly's Flood Insurance Rate Maps (FIRMS). 2. Non-residential structures have the lowest floor (including basement) elevated above the crown of the nearest street to or above the depth specified on Beverly's FIRM or be floodproofed to or above that level. c. In zones VI - V30, (areas of 100-year coastal flood with wave action), all new construction or substantial improvements must be located landward of the reach of mean high tide. d. A development permit shall be obtained before any construction or development begins within any area of special flood hazard as determined by Beverly's Flood Insurance Rate Maps and Flood Boundary and Floodway Map. Application for a 138 development permit shall be made on forms furnished by the Planning Department. Plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question with detail of existing, or proposed structures, fills, and drainage facilities shall be included. Specifically, the following information is required: 1. Certification by a registered professional engineer that any construction, improvements, or development meet the requirements of the rules and regulations stipulated in 44 CFR 60.3 (known as the Federal Emergency Management Agency’s National Flood Insurance program, and known more specifically as Flood Plain Management Criteria for Flood-Prone Areas). Copies of these regulations are available at the Planning Department and City Engineer's office. 2. In Zone A (as determined by Beverly's Flood Insurance Rate Maps.) where flood base elevation is not provided on the Map, the applicant. shall obtain any existing base flood elevation data and it shall be reviewed by a registered professional engineer for its reasonable utilization toward meeting the elevation or floodproofing requirements. 3. Description of the extent to which any watercourse will be altered or relocated as a result of proposed developments. 4. Information as to the elevation in relation to mean sea level of the lowest floor of all structures (including basements). e. All development permits for new construction or any developments in the Floodplain District shall be subject to administrative review by the City Health Department and Conservation Commission. B LHD - LOCAL HISTORIC DISTRICT No building in the Fish Flake Hill Local Historic District (Front Street) shall be altered or constructed until a Certificate of Appropriateness is received from the Beverly Historic District Commission. 139 C WATERSHED PROTECTION OVERLAY DISTRICT 1. Authority This zoning ordinance amendment is adopted by the City of Beverly under its home rule powers, its police powers to-protect the public health, safety and welfare, and under the powers authorized by Massachusetts General Laws Chapter 41A as amended. 2. Purpose The purpose of this amendment is to protect the public health from contamination of existing and potential public and private water supplies and to protect the general welfare by preserving limited water supplies for present and future use. 3. Delineation of Watershed Protection Overlay District The Watershed Conservation overlay District shall be considered as superimposed over other districts, established by the zoning Ordinance. The following land area will be covered by the overlay district: Beginning at the intersection of the Beverly/Wenham/Danvers city-town limits thence running in a southerly direction along the Beverly/Danvers line to the southwest corner of the Beverly Airport property thence in a meandering southeasterly direction along the southern boundary of the Beverly Airport to the southeast corner of lot 13, Assessors' map 65 thence running in a northeasterly direction for 600.2 feet to the southeast corner of the Airport boundary thence running in a northwesterly direction 1765.5 feet along the Airport boundary to the northwest corner of lot 13, Assessors' Map 65 thence running in a westerly direction for 1350 feet along a line N. 73,511,3611 E. to its intersection with the IR/R-45 zoning district boundary line, then following said zoning district boundary line in a meandering southeasterly direction along said zoning district boundary line to a point of intersection with the northwest corner of lot 58, Assessors' map 66, thence continuing in a southeasterly direction along the western boundary of said lot for 265 feet to a point of intersection with the centerline of Conant Street, thence in a meandering easterly direction Along said centerline to the southwest corner of lot 36, Assessors' Map 67 thence running in a northwesterly direction along the southern boundary of 140 lots 36, 37,38,39,40,41,42,43, Assessors map 67 to the northwest corner of lot 44, Assessors' Map 67 thence running in a meandering northeasterly direction along the northern boundary of lots 44, 45, and 58, Assessors' map 67 and lots 12A,13,14, and 15, Assessors' Map 80, thence in a meandering northerly direction -along the western or rear border of lots 19, 20, and 21, Assessors' Map 80, to the R-45/R- 10 zoning district boundary line then following said zoningdistrict boundary line in a northeasterly direction to the intersection of the R-45/R-10/CG zoning district boundary lines thence in an easterly direction along the CG/R-10 zoning boundary line to the centerline of Enon Street thence in a meandering northerly direction along said centerline to the Beverly/Wenham city-town line thence running along said city-town line in a westerly direction to the point of beginning... Beginning at the point where the Longham Brook intersects the Beverly/Wenham corporate boundary, then running ina straight line through lots 5 and 14 on Assessors' Map 94, then following the westerly boundary of lot 15, Map 94 for 1,184.7 +/-; then running in an easterly direction through lot 1A on Assessors' Map 83 and lots 34 and 1 on Assessors' Map 95 to the centerline of Grover Street; then running down the centerline of Grover Street in a south-southeasterly direction to the intersection of Grover and Essex Streets; then running from the intersection in a southeasterly direction through lot 57 on Map 71 for approximately 725 feet; then running due east 475 +/feet through the same lot to the centerline of Wood Lane; then running ina southeasterly direction down the centerline of Wood Lane, under Route 128, to the intersection of Wood Lane and Boulder Lane; then running inan easterly and northerly direction along the centerline of the right-of-way of Boulder Lane through lots 18,10, and part of lot 9 on Assessors' Map 73; then running along the boundary line of Assessors' Map 73 through lot 9 to the centerline of Route 128; then running in an east-northeasterly direction to the Wenham/Beverly town line; then running along the Wenham/Beverly corporate boundary to the point of beginning... (Rev. 3-27-90) 4. Uses Permitted by Right Within the Watershed Protection Overlay District, the following uses are permitted, subject to the provisions 141 of Section VI below, and subject to the provisions of the underlying zoning, provided that all necessary permits, orders, and approvals required by local, state, and federal law are also obtained: a. Conservation of soil, water, plants, and wildlife; b. outdoor recreation, not involving the use of motor vehicles or motor boats, including boating, fishing, nature study and hunting where otherwise legally permitted; c. foot, bicycle, and horse paths and bridges; d. rehabilitation, repair, and maintenance of any existing (prior to adoption of this amendment) structure, provided there is no increase in impervious pavement (other than that material which is used in the construction of the structure itself) and provided that all appropriate permits (if any) have been obtained; e. expansion of any existing residential structure provided that such expansion meets with any and all requirements of this zoning ordinance for the underlying district and further provided that all appropriate permits are obtained and that there is no increase in impervious pavement (other than that material used in the construction of the structure itself); f. new single-family residential development, as permitted in the underlying district, provided that such (individual) development is not in excess of two house lots; g. farming, gardening, nursery, conservation, forestry, harvesting and grazing uses, provided that fertilizers, herbicides, pesticides, manure and other leachable materials are not stored outdoors; h. operation, maintenance, and public service-related additions to public water supply facilities and associated uses including, but not limited to, chemical and fuel storage. 5. Uses Permitted by Special Permit a. Within the Watershed Protection overlay District, the following uses, unless prohibited by a specific provision of Section 6, may be 142 permitted by a special permit from the Planning Board: 1. commercial and industrial uses permitted in the underlying district; 2. two-family and multi-family developments permitted in the underlying district. 3. new single-family residential development in excess of two house lots, as permitted in the underlying district. (Rev. 3-5- 90) b. Special Permit applications shall be made, reviewed, and acted upon in accordance with the following procedures: 1. The special permit application must first be filed with the Beverly Planning Board. The Board may forward the application to the Salem/Beverly Water Board for their review. The Salem/Beverly Water Board shall forward a recommendation to the Planning Board within 30 days of submittal. The Salem/Beverly Water Board may request an additional 30 day extension of time; 2. The Planning Board and/or the Salem/Beverly Water Board may require submission of reasonable drawings, plans, or other descriptions of the proposed project, along with a filing fee which shall be established by the Board of Aldermen; 3. The Planning Board shall hold a public hearing on the special permit application following procedures required by Massachusetts General Laws Chapter 40A; 4. The Planning Board may deny a proposed project or activity if it finds that such project or activity violates the intentions of this Overlay District, has an adverse environmental impact on the aquifer or recharge area, or adversely affects the existing or potential water supply. Appeals of the Board's decision may be taken to the Board of Appeals for further public hearing. (A decision by the Planning Board approving a special permit - as described above - will not constitute final approval of that proposal when additional permits or procedures (subdivision approval, form "All submittal, use and/or dimensional variance appeal, or additional special permit application) are necessary.) 143 6. Prohibited Uses Within the Watershed Protection Overlay District, the following uses are expressly prohibited: a. storage of chemical or petroleum products of any kind except for: 1. products stored in a free-standing container of less than 15 gallons capacity; and 2. heating fuel product stored in the building where that fuel is to be utilized. 3. Propane gas, stored above ground, to be used for residential home heating purposes; and (Ord. No. 11, 1-17-95) 4. propane gas, stored above ground, to be used for retail resale; provided, however, that the containers being filled for resale shall be no larger than forty (40) pounds capacity. (Ord. No. 11, 1-17-95) b. disposal of hazardous materials; c. disposal of solid wastes, as defined in Massachusetts General Laws Chapter 21C, as may be amended; d. disposal of solid wastes other than brush or stumps; e. disposal of leachable wastes; f. storage of road salt or other de-icing materials; g. disposal of snow that contains de-icing chemicals and that has been brought in from outside the Overlay District; h. industrial uses that discharge process wastewater on site; outdoor storage of fertilizers, herbicides, and pesticides, and outdoor uncovered storage of manure; j. animal feedlots; k. dry cleaning establishments; 1. boat and motor vehicle service, washing and repair establishments; m. junk and salvage yards; n. septic sewerage system(s) for any development other than single-family residential house lots; (Rev. 3-27-90) 0. natural resource mining or commercial sand and gravel operation. 144 29-31 VALIDITY If any section, paragraph,-subdivision, clause, phrase, or provision of this Ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this Ordinance as a whole or any part of provisions thereof other than the part so decided to be invalid or unconstitutional. The fact that the present zoning regulations are inadequate to properly safeguard the general public welfare, health, peace, and safety, creates an urgency and an emergency, and requires that this Ordinance become effective immediately upon its passage. 145 SECTION 29-31 PAGE 125 29-32 MUNICIPAL OPEN SPACE AND RECREATION DISTRICT 1. Purpose - The Municipal Open Space and Recreation District is established in accordance with the boundaries as shown on the Zoning District Map. The primary purposes of the Municipal Open Space and Recreation District are to encourage the preservation of large, contiguous wetland areas and open space for park land, active and passive recreation, reservations, community gardens, rivers and streams, and similar uses. It is intended that the Municipal Open Space and Recreation District will permanently protect these open space resources so as to enhance the quality of life for residents and visitors to the area. The Municipal Open Space and Recreation District may also encompass wetland resource areas, open space, and recreational areas where there are important public health, safety, and welfare interest in watershed and flood potential protection, preservation of wildlife habitat, and conservation of recreational land for resident use and enjoyment. 2. Permitted Uses Within the Municipal Open Space and Recreation District (A) conservation of soil, water, plants and wildlife; (B) Outdoor recreation, not involving the use of motor vehicles or motor boats, including boating, fishing, and nature study where otherwise legally permitted; (C) active recreation including playing fields and other athletic purposes; (D) foot, bicycle, and horse paths and bridges; (E) community gardens (F) fences, parking, landing piers, small structures for non- commercial uses, and public restroom facilities; 3. Uses Permitted by Special Permit within the Municipal Open Space and Recreation District-Upon the issuance of a special permit for an exception by the zoning Board of Appeals, and subject to such other special conditions and safeguards as the Zoning Board of Appeals deems necessary to fulfill the purposes set forth in Section 1, the following uses, structures and actions are permitted: (A) Dams, excavations or grading, consistent with the purposes of this section to create ponds, pools or other changes in water courses, for swimming, fishing or other recreational uses, agricultural uses, scenic feature, or drainage improvements. 4. Within the Municipal Open Space and Recreation District the following uses are expressly prohibited: 146 (A) land filling or dumping; (B) storage or disposal of hazardous materials; (C) storage or disposal of solid wastes as defined in M.G.L. Ch. 21C, as may be amended. (D) storage of materials or equipment, except when necessary to permitted activities above. (Ord. No. 109, 6-28-99) 147 INDEX A accessory apartments....................................... accessory building ........................................ administration, enforcement................................ airport approach zone ..................................... airport hazard............................................. area, lot width, yards..................................... auto body shop ............................................ B basement .................................................. board of appeals .......................................... building .................................................. C CC......................................................... CG......................................................... CN ........................................................ cellar .................................................... cluster subdivision ....................................... common permitted uses ..................................... comprehensive plan ........................................ congregate housing ........................................ corner clearance .......................................... coverage................................................... D design review board ....................................... dwelling................................................... E elderly.................................................... F family..................................................... fast-food restaurant ...................................... floodplain overlay district................................ floor area, gross ......................................... frontage................................................... G gasoline station........................................... general provisions ........................................ government uses 24 148 H HD......................................................... height .................................................... height exception........................................... historic district.......................................... home occupation............................................ I IR......................................................... IG......................................................... L loading requirements....................................... lot........................................................ area................................................. corner............................................... non-conforming....................................... width ............................................... lot width, area, yards .................................... M major recreational equipment............................... mean....................................................... mobile home................................................ N non-conforming............................................. 0 overlay districts.......................................... obstruction-air navigation................................. P parking requirements....................................... planned res. development................................... planning board ............................................ pork chop shaped lots ..................................... public bldg., res. reuse................................... purpose - zoning ordinance................................. public open space ......................................... R R-90....................................................... R-45....................................................... R-22....................................................... 149 R-I5....................................................... R-10....................................................... R-6........................................................ RMD........................................................ RHD........................................................ RSD........................................................ removal: sod, loam, & gravel............................... res. reuse of public bldgs................................. S screening.................................................. setback.................................................... severability............................................... sign definitions........................................... signs...................................................... site plan review........................................... solar access............................................... special permit uses........................................ story...................................................... structure.................................................. swimming pools............................................. T temporary use variances.................................... tennis courts.............................................. U undersized lots of record.................................. use........................................................ accessory............................................. non-conforming........................................ principal............................................. used car sales............................................. V validity................................................... variances.................................................. temp. use variance................................... W WD......................................................... Watershed protection overlay............................... wind energy conversion..................................... Y yard....................................................... front................................................. rear.................................................. 150 side.................................................. yards, area, lot width..................................... Z zoning district map........................................ interpretation........................................ 151 152