Zoning Ordinance Feb 2009
ZONING ORDINANCE: CHAPTER 29
with
AMENDMENTS THROUGH FEBRUARY 2009
CHAPTER 29
ZONING ORDINANCE
SECTION
BEVERL Y LAND USE SCHEDULE 11
TABLE OF DIMENSIONAL REQUIREMENTS 111
29-1 TITLE, PURPOSE, AND INTERPRETATION 1
29-2 DEFINITIONS 2
29-3 ZONING DISTRICTS 16
29-4 ZONING MAP 17
29-5 GENERAL PROVISIONS 18
29-6 COMMON PERMITTED USES 28
29-7 R-90 - ONE-FAMILY DISTRICT 30
29-8 R-45 - ONE-FAMILY DISTRICT 32
29-9 R-22 - ONE-FAMILY DISTRICT 34
29-10 R-15-0NE-FAMILYDISTRICT 36
29-11 R-10-0NE-FAMILYDISTRICT 38
29-12 R-6 - ONE-FAMILY AND TWO-FAMILY DISTRICT 40
29-13 RMD - MULTI-FAMILY DISTRICT 42
29-14 RHD - MULTI-FAMILY DISTRICT 45
29-15 RSD - SPECIAL RESIDENTIAL DISTRICT 49
29-16 CN - NEIGHBORHOOD COMMERCIAL DISTRICT 53
29-17 CC - CENTRAL BUSINESS DISTRICT 56
29-18 CG - GENERAL COMMERCIAL DISTRICT 62
29-19 IR AND IR OVERLA Y- RESTRICTED INDUSTRIAL, RESEARCH &
OFFICE DISTRICT 65
29-20 IG - GENERAL INDUSTRIAL DISTRICT 69
29-21 HD - HOSPITAL DISTRICT 73
29-22 WD - WATERFRONT DEVELOPMENT DISTRICT 75
29-23 WDR - WATERFRONT DEVELOPMENT RESIDENTIAL DISTRICT 81
29-24 SPECIAL DENSITY AND DIMENSIONAL REGULATIONS 86
29-25 PARKING AND LOADING REQUIREMENTS 112
29-26 SIGNS 119
29-27 NON-CONFORMING USES AND STRUCTURES 136
29-28 BOARD OF APPEALS 139
29-29 ADMINISTRATION AND ENFORCEMENT 144
29-30 AMENDMENT 150
29-31 OVERLAYDISTRICT(S) 151
29-32 VALIDITY 160
29-33 MUNICIPAL OPEN SPACE AND RECREATION DISTRICT 161
29-34 INCLUSION OF AFFORDABLE HOUSING 163
BEVERL Y LAND USE SCHEDULE
PRINCIPAL USES ZONING DISTRICT
R-90 R-45 R-22 R-15 R-I0 R-6 RMD RHD RSD CN CC CG IR IG HD WD WDR
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
* Multi-family P P P SP P P
* Multi-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 AND RECREATIONAL USES
Hospital, nursing home, ambulance depot P
Gymnasium, health club, public pool SP P SP P SP SP
Golf, beach, tennis club SP SP P
Private, quasi-public, charitable club or community service
organization SP SP SP SP SP SP SP
Public recreational boating facilities P
Commercial marina SP SP SP SP SP SP SP SP SP SP SP SP SP SP P 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
Bed and breakfast establishment SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP
Hotel or motel SP P SP SP SP
Home occupation P P P P P P P P P P P P P P P
Local retail establishment> 5,000 sq. ft. P P P P P SP SP
Retail establishment P P SP SP
Personal and consumer service P P P P P SP SP
Business and professional office, medical clinic P P P P P P SP SP
Funeral home P P P
Restaurant, no take out P SP P P SP SP P P P
Fast-food establishment P SP
Indoor commercial recreation SP P SP SP SP
Gasoline station SP
Car, truck, and RV sales; car wash P
* Animal hospital or kennel SP SP
Commercial riding stable SP SP
* Agricultural, horticultural and floricultural uses P P P P P P P P P P P P P P P P P
Commercial fishing, no processing P P
INDUSTRIAL, UTILITY, WHOLESALE & TRANSPORTATION USES
Manuf., assembly, processing & packaging within a bldg. P P
Research, development, and testing P P P P
Printing and 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 building materials SP P
*Open or encl. storage of coke, coal, sand or similar materials SP
* General industrial uses P
Motor or rail freight SP
Taxi, rail, or bus terminal SP P P P P
Public services (no outdoor storage) SP SP SP SP SP SP SP SP SP SP SP SP P P SP SP SP
Utility company terminal enclosures P P P P P P P P P P P P P P P P P
Parking lot or garage as principal use SP SP SP SP SP SP
Comm. prkg. lot in res. zone when abutting comm. zone SP
Comm. mobile radio srvc. trans, facilities, structures, towers SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP 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.
11
TABLE OF DIMENSIONAL REQUIREMENTS
A comparative Table of Dimensional Requirements for each of the Zoning Districts
described in Section 29- 7 through Section 29-23 of this Ordinance is presented below.
This Table is presented for comparative purposes., and shall not replace or supersede any
requirements specifically set forth or referenced in Section 29-7 through Section 29-23 of
this Ordinance.
DISTRICT MINIMUM FRONTAGE MINIMUM YARDS MAXIMUM
LOT AREA 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 6,000 sf plus 65' 20' 10' 25' 35'
1,000 sf for
one
additional
dwelling unit
(d. u.)
RMD 8,000 sf plus 65' 20' 10' 20' 35'
4,000 sf for
additional
d. u. over two
RHD 6,000 sf plus 50' 15' 10'; 20' 55'
3,000 sf for 15' if
additional over 3
d. u. over two stories
RSD See Section 29-15 Part D
CN Same as Least Restrictive Adjacent Residential District
CC* none none none none none 55'
CG** 10,000 sf 80' 30' 15' 15' 35'
HD 1 0 acres 225' 30' 20' 25' 65'
IR 2 acres 225' 30' 20' 25' 60'
IG none none none none none 35'; 70' if
bldg. is set
back 400'
WD See S. 29-22 none 5' 25' 20' 35'
WDR See S. 29-23 65' 5' 25' 20' See S. 29-23
*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.
111
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 reuse 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.
SECTION 29-1
PAGE 1
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. Affordable Housing Restriction - A right, either in perpetuity or for a
specified number of years, whether or not stated in the form of a restriction,
easement, covenant or condition in any deed, mortgage, will, agreement, or
other instrument executed by or on behalf of the owner of the land
appropriate to (a) limiting the use of all or part of the land to occupancy by
persons, or families of low or moderate income in either rental housing or
other housing (b) restricting the resale price of all or part of the property in
order to assure its affordability by future low and moderate income
purchasers or (c) in any way limiting or restricting the use of enj oyment of
all or any portion of the land for the purpose of encouraging or assuring
creation or retention of rental and other housing for occupancy by low and
moderate income persons and families. (Ord. No. 103,7-17-07)
3. Affordable Housing Unit - A dwelling unit that is affordable to and
occupied by a low- or moderate-income household and meets the
requirements of the Local Initiative Program (LIP) for inclusion on the
Chapter 40B Subsidized Housing Inventory. (Ord. No. 103,7-17-07)
4. 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.
SECTION 29-2
PAGE 2
5 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.
6. 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)
7. Aquifer - Geologic formation composed of rock or sand and gravel that
contains significant amounts of potentially recoverable potable water. (Rev.
3-5-90)
8. Area Median Income (AMI) - The median family income for the
metropolitan area that includes the City of Beverly, as defined in the annual
schedule of low- and moderate-income limits published by the u.s.
Department of Housing and Urban Development, and adjusted for
household size. (Ord. No. 103,7-17-07)
9. Auto Body Shop - A business establishment engaged in motor vehicle
painting, body and collision repair, frame straightening or any combination
of the above.
10. 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.
11. Bed & Breakfast Establishment - The renting of not more 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 Section 29-2.B.52 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, 6-18-
91,5-13-96)
12. Board of Appeals - The Board of Appeals of the City of Beverly.
13. Building - Any independent structure having a roof with structural supports
for the shelter or enclosure of persons, animals, or property.
SECTION 29-2
PAGE 3
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.
14. Cellar - An area partly underground having more than one-half of its clear
ceiling height below the mean finished grade level at the foundation.
15. 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. 169,8-27-96)
16. 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.
17. 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 rooms, dining areas, and 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)
18. 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)
19. Cornice - Any permanent continuous horizontally proj ecting feature
surmounting a wall or other portion of a building. (Rev. 4-10-90)
20. Coverage - The ratio of the total ground floor area of buildings to the total
area of the lot, expressed as a percentage.
21. Domestic Emplovee - 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)
22. 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 transient lodging.
SECTION 29-2
PAGE 4
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 only one
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.
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.
23. Elderly - Persons fifty-five (55) years or older, or those persons
permanently disabled.
24. Familv - 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.
Irrespective of the requirements of paragraph A above, DOMESTIC
EMPLOYEES as herein defined need not occupy the same dwelling unit
SECTION 29-2
PAGE 5
nor live and cook together in the same premises as a single, non-profit
housekeeping unit with their employer F AMIL Y, 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)
25. Fast-Food Restaurant - A food serVIce establishment with a drive-in
window.
26 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.
27. Floor Area Ratio (FAR) - The ratio of the gross floor area of the building to
the total lot area.
28. Frontage - The distance between either (1) the points of intersection of the
side lot lines and the street right of way, measured along the street line,
being an unbroken distance along the street; or (2) 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, being an unbroken distance along the rear line of the
required front yard, whichever is smaller. For the purposes of this
Ordinance, there shall be both rights of access and potential safe year round
practical vehicular access, unimpeded by:
1. wetlands, unless a wetlands crossing has been approved by the
Conservation Commission; or
2. topography which prevents a proposed driveway from meeting the
requirements of Section 29-25.E.2.e. of this Ordinance, unless the
Board of Appeals has granted an exception as provided in Section
29-28 of this Ordinance; or
3. other natural or manmade barriers
between the frontage line and a potential building site. 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;
SECTION 29-2
PAGE 6
2. a way shown on a plan approved and endorsed by the Beverly
Planning Board in accordance with the Subdivision Control Law; or
3. a way physically in existence when the Subdivision Control Law
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.
When a lot is bounded by more than one street, anyone 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 thirty-five degrees (1350), their
combined frontage between lot lines may be used to satisfy the lot frontage
requirement. (Rev. 7-17-91; Ord. No. 43, 3-14-00; Ord. No. 161,6-24-04)
29. 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.
30. Groundwater - All the water found beneath the surface of the ground. In this
Ordinance the term refers to the slowly moving subsurface water present in
aquifers and recharge areas.
31. 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,
8-27-96)
32. 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:
(1) shall not have more than one (1) employee ( other than the
owner/occupant) engaged on the premises at anyone time.
(2) shall provide off-street parking spaces on site at the following ratio:
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
SECTION 29-2
PAGE 7
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.B.52.b., c., d., or e. of this
Ordinance;
(3) shall not have more than one commercial vehicle parked on the
premises at anyone time.
( 4) shall have no exterior display or storage of materials beyond that
permitted by this Chapter. (Ord. No. 49, 3-25-96)
33. Impervious Surface - material on the ground that does not allow surface
water to penetrate into the soil. (Rev. 3-5-90)
34. 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)
35. Lineal Frontage - the length in feet an establishment faces a street or public
right of way at first floor or entrance level. (Rev. 4-10-90)
36. Local Initiative Program - A program administered by the Massachusetts
Department of Housing and Community Development (DHCD) pursuant to
760 CMR 45.00 to develop and implement local housing initiatives that
produce affordable housing. (Ord. No. 103,7-17-07)
37. 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
spaces. 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 area requirements
of the Zoning Ordinance (but not for any other dimensional calculations),
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;
SECTION 29-2
PAGE 8
but neither (i) or (ii) above shall apply to any easement, right of way, or
restriction that is either for utility or conservation purposes or that is held by
or generally open to governmental agencies or the public.
Additionally, for lots created after July 15, 1996, no more than twenty
percent (20%) of that portion of a lot classifiable as freshwater or coastal
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 the Zoning Ordinance.
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.
b. 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.
c. Lot Width: See "Frontage" definition in this section. (Ord. No. 49,
3-25-96; Ord. No. 169,8-27-96; Ord. No. 161,6-24-04; Ord. No.
206, 12-29-05)
38. Low-or Moderate-Income Household - A household with income at or
below 80% of area median income, adjusted for household size. In a
development with affordable housing units, eligible low- or moderate-
income household means the household that purchases or rents an affordable
housing unit as its principal residence. (Ord. No. 103,7-17-07)
39. Maior Recreational Equipment - Boat and boat trailers, travel trailers, pick-
up campers or coaches, motorized dwellings, tent trailers, and similar
devices.
40. Market-Rate Housing - In a development with affordable housing, market-
rate housing means all units other than the affordable housing units as
defined in this Ordinance.
41. Maximum Affordable Purchase Price or Rent - For homeownership units, a
purchase price that is affordable to a low- or moderate-income household
paying not more than 30% of gross monthly income for a mortgage
payment, property taxes, insurance and condominium fees where applicable;
and for rental units, a monthly rent that is affordable to a low- or moderate-
income household paying no more than 30% of its gross monthly income for
rent and utilities. The household income used to compute the maximum
affordable purchase price or rent shall be adjusted for household size,
considering the household size for which a proposed affordable unit would
SECTION 29-2
PAGE 9
be suitable under guidelines of the Local Initiative Program or, where no
such guidelines exist, under regulations adopted by the Planning Board.
(Ord. No. 103,7-17-07)
42. Mean - A number or point which is halfway between the two extremes.
43. Mining of land - the removal and relocation of geologic materials such as
topsoil, sand and gravel, metallic ores, or bedrock. (Rev. 3-5-90)
44. Mixed Use - Two or more compatible uses on a single parcel pursuant to a
single development plan which may include, without limitation, office,
retail, residential, medical, educational, recreational and/or civic uses. (Ord.
No. 230,2-19-09)
45. 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.
46. 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.
47. Planning Board - The Planning Board of the City of Beverly.
48. Primary Facade - 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, 5-29-03)
49. 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. 169,8-27-96)
50. 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.
51. 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 public on a seasonal
SECTION 29-2
PAGE 10
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)
52. 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)
53. 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. (52. a.- e. Rev. 6-26-87 and 7-1-92)
54. Setback - A line beyond which the foundation wall and/or any enclosed
covered porch or other enclosed portion of a building shall not project. In
the case of private easements that serve as legal frontage, for, or provide
vehicular access to any lot, minimum yard setbacks required by this
Ordinance shall be measured from the side line of the private easement or
the property line, whichever is closest to the location of the building. (Ord.
No. 10, 5-4-06)
55. Shared Parking - A parking arrangement within a Mixed Use development
which allows for the sharing of parking spaces by more than one use, each
with different parking occupancy demand patterns. (Ord. No. 230,2-19-09)
56. 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
SECTION 29-2
PAGE 11
activity, or for which no legal 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
proj ected 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 freestanding within
the area between the building and one-half the distance to the
SECTION 29-2
PAGE 12
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.
I) 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.
0) 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) Sandwich Board Sign - an "A-frame" shaped sign that identifies or
advertises a place of business and that consists of two sign boards
that are hinged together at the top and on which an establishment's
name has been factory-imprinted. (Ord. No. 57, 6-20-07)
r) Temporary Sign - any sign intended to be maintained for a
continuous period not to exceed fourteen (14) days.
s) 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.
t) 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
SECTION 29-2
PAGE 13
regulation under this ordinance. The term "exterior design features" shall
include but not be limited to rigid canopies, feature strips, roofs, graphics,
and color. (Rev. 4-10-90; Ord. No. 59,5-29-03)
57. 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)
58. 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.
59. 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. 59,5-29-03)
60. Subsidized Elderly Housing - A residential development in which (a) at
least eighty percent (80%) of the units are occupied by at least one person
age fifty five (55) and over, (b) at least fifteen percent (15%) of the units
("the affordable units") are designated for occupancy by persons of low or
moderate income as determined by the Federal Department of Housing and
Urban Development ("HUD") for the Boston, MA/New Hampshire PMSA,
and (c) at least ten percent (10%) of the constructed units are designed and
equipped for those with disabilities. There shall be a deed restriction for
such affordable units, regardless of the form of ownership or tenancy, that
ensures occupancy of the units by those of low or moderate income as
defined by HUD in perpetuity. (Ord. No 206, 12-29-05)
61. Subsidized Housing Inventory - The Department of Housing and
Community Development Chapter 40B Subsidized Housing Inventory.
(Ord. No. 103,7-17-07)
62. 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
SECTION 29-2
PAGE 14
the same lot and incidental or supplementary thereto and permitted
under this Ordinance shall be considered as accessory use.
63. U sed Car Sales - A retail establishment displaying and selling four (4) or
more previously-owned vehicles per year.
64. 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 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.
SECTION 29-2
PAGE 15
29-3 ZONING DISTRICTS
A Division into Districts
The City of Beverly, Massachusetts is hereby divided into eighteen Zoning
Districts to be designated as follows:
Designation Description
R-90
R-45
R-22
R-15
R-10
R-6
RMD
RHD
RSD
CN
CC
CG
IR
IG
HD
WD
WDR
MOSR
One- family residential
One-family residential (suburban density)
One-family residential (suburban density)
One-family residential (urban density)
One-family residential (urban density)
One and two-family residential
Multi - family residential
Multi-family residential (high density)
Special residential development (high density)
Neighborhood commercial
Central business district
General commercial (automobile oriented)
Restricted industrial, research and office
General industrial
Hospital district
Waterfront development
Waterfront development residential
Municipal open space and recreation
Specific use and dimensional regulations applicable to each of these Districts
are shown in Sections 29-6 through Section 29-23 and Section 29-33. 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 29-31 of this Ordinance.
SECTION 29-3
PAGE 16
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 on 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.
SECTION 29-4
PAGE 17
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. (Ord. No.
170, 12-4-06)
B Undersized Lots of Record
Any lot lawfully laid out by plan or deed duly recorded, as defined in Section
81 L 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 81 P 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 of34:1 from the end of the runway.
2. No use shall be permitted which creates electrical interference with
navigation aids or communications 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.
SECTION 29-5
PAGE 18
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.
(E.4 deleted by Ord. No. 170, 12-4-06)
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 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
SECTION 29-5
PAGE 19
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)
(F.3.c. deleted by Ord. No. 170, 12-4-06)
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.
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 anyone, 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
SECTION 29-5
PAGE 20
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.
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. 9-5-91)
SECTION 29-5
PAGE 21
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)
1. That the depth of that portion of the lot which fails to satisfy
the lot frontage requirements set forth in Section 29-2.B.26
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 29-28 and Section 29-29
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 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 29-28.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.
SECTION 29-5
PAGE 22
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 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 system shall 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:
SECTION 29-5
PAGE 23
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 of the solar energy collection
system, or on the effective date of this Ordinance, whichever is 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.
SECTION 29-5
PAGE 24
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 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 IDF A 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
SECTION 29-5
PAGE 25
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 one year. 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.
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 29-31, Watershed Protection Overlay District) (Rev. 5-20-93)
o Horticultural and Floricultural Activities
SECTION 29-5
PAGE 26
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 the
months of May, June, July, August, and September, regardless of lot size.
(Ord. No. 57, 1-2-96)
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, television
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)
SECTION 29-5
PAGE 27
29-6 COMMON PERMITTED USES
(Ord. No. 206, 12-29-05)
A Exempted Uses
Government uses and buildings under the jurisdiction of the City of Beverly
are allowed in all districts. Additionally, those uses exempted from the
provisions of this Ordinance in accordance with Massachusetts General Laws
Chapter 40A, Section 3 are allowed in all zoning districts, subject to the
provisions and requirements of that Section of State law. Utility company
terminal enclosures, service cabinets, and underground vaults are allowed in
all districts, provided they are screened (see Section 29-2.B for definition of
screening).
B. Accessory Buildings in Residential Districts
(Ord. No. 169,8-27-96, Ord. No. 206, 12-29-05)
1. The term "accessory building" is defined in Section 29-2.B. of this
Ordinance. It does not include attached garages.
2. Accessory buildings including detached garages, pool houses, barns,
greenhouses, and tool sheds shall be permitted anywhere in the side or
rear yard of any lot in a residential zoning district if they a) conform
to the required rear yard and side yard requirements, b) occupy twenty
five percent (25%) or less of the area of such yard(s) and c) are no
taller than fifteen (15) feet in height or a height equal to one half the
distance to the nearest lot line, to a maximum of twenty-two (22) feet.
No accessory building may be constructed within the front yard of a
lot.
Accessory buildings located within the mInImum setback
requirements applicable to the main building are subject to the
dimensional requirements outlined below and may occupy no more
than twenty five percent (25%) of the side or rear yard area.
3. The maximum number of accessory buildings permitted on a lot is
two (2). The Zoning Board of Appeals may authorize additional
accessory buildings, by special permit.
4. In addition to the setback requirements outlined below, an accessory
building shall be sited at least five (5) feet from the main building on
the lot.
5. Dimensional Requirements for Accessory Buildings
a. Minimum front yard setback: same as for main building.
SECTION 29-6
PAGE 28
b. Minimum side and/or rear yard setback: five (5) feet if less
than ten (10) feet in height; otherwise, setbacks applicable to
the main building apply.
c. Maximum height: Ten (10) feet if located within the
required side or rear yard setback; otherwise, the maximum
height is fifteen (15) feet, or a height equal to one half the
distance to the nearest lot line, to a maximum of twenty two
(22) feet.
d. Maximum size: One hundred (100) square feet if located
within the required side or rear yard setback; otherwise,
maximum size is twenty five percent (25%) of the yard's
area.
The Zoning Board of Appeals shall have the authority under M.G.L. Chapter
40A, Section 6 to permit relief from the maximum height and size
requirements of this section.
C Accessory Buildings and Uses in Other Districts
Accessory buildings and uses required for and clearly incidental to the main
building or use in all non-residential zoning districts are permitted. Such
accessory buildings shall be permitted anywhere in the side or rear yard of any
lot in a non-residential zoning district if they conform to the required rear and
side yard setback requirements and height restrictions applicable to the main
building. No accessory building may be constructed within the front yard of a
lot.
D Swimming Pools and Tennis Courts
1. Swimming pools and tennis courts shall be permitted in the side or
rear yards but with a minimum setback from any rear or side lot line
of ten (10) feet. No tennis court or swimming pool may be
constructed within the front yard of a lot.
2. Swimming pool shall be enclosed by a safety fence of not less than
four (4) feet in height. Above-ground pools must be equipped with a
self-closing gate, latch and lock around the ladder access. No pool
shall be filled with water before a permanent fence has been erected
and, in the case of an above ground pool, a self-closing gate, latch and
lock installed around the ladder access. (Ord. No. 206, 12/29/05)
SECTION 29-6
PAGE 29
29-7 R-90 - ONE-FAMILY DISTRICT
A General Description
This district is established to principally provide for 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
29-24.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.
SECTION 29-7
PAGE 30
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: 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 29-24.B.
E Parking Requirements
1. Off-street parking shall be in accordance with the requirements set forth in
Section 29-25 below.
F Sign Requirements
1. All signs in the R-90 District shall conform to the regulations set forth in
Section 29-26 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.
SECTION 29-7
PAGE 31
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 29-24.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.
SECTION 29-8
PAGE 32
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 29-24.B.
E Parking Requirements
1. Off-street parking shall be in accordance with the requirements set
forth in Section 29-25 below.
F Sign Requirements
1. All signs in the R-45 District shall conform to the regulations set forth
in Section 29-26 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.
SECTION 29-8
PAGE 33
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 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
29-24.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)
SECTION 29-9
PAGE 34
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: 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 29-24.B.
E Parking Requirements
1. Off-street parking shall be in accordance with the requirements set
forth in Section 29-25 below.
F Sign Requirements
1. All signs in the R-22 District shall conform to the regulations set forth
in Section 29-26 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.
SECTION 29-9
PAGE 35
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
29-24.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.
SECTION 29-10
PAGE 36
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)
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 29-24.B.
E Parking Requirements
1. Off-street parking shall be in accordance with the requirements set
forth in Section 29-25 below.
F Sign Requirements
1. All signs in the R -15 District shall conform to the regulations set forth
in Section 29-26 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.
SECTION 29-10
PAGE 37
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)
SECTION 29-11
PAGE 38
9. 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 square feet
2. Minimum lot 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 29-24.B.
E Parking Requirements
1. Off-street parking shall be in accordance with the requirements set
forth in Section 29-25 below.
F Sign Requirements
1. All signs in the R -10 District shall conform to the regulations set forth
in Section 29-26 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.
SECTION 29-11
PAGE 39
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 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. 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.
SECTION 29-12
PAGE 40
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. 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 29-25 below.
F Sign Requirements
1. All signs in the R-6 District shall conform to the regulations set forth
in Section 29-26 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.
SECTION 29-12
PAGE 41
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 29-24.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. Chapter
SECTION 29-13
PAGE 42
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 29-25 below.
F Sign Requirements
1. All signs in the RMD District shall conform to the regulations set
forth in Section 29-26 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
SECTION 29-13
PAGE 43
(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
proj ect.
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.
SECTION 29-13
PAGE 44
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.
6. Bed and breakfast establishments. (Rev. 3-19-91)
SECTION 29-14
PAGE 45
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 29-25 below.
F Sign Requirements
1. All signs in the RHD District shall conform to the regulations set
forth in Section 29-26 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
SECTION 29-14
PAGE 46
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 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
proj ect.
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.
SECTION 29-14
PAGE 47
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.
SECTION 29-14
PAGE 48
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
29-24.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.
8. 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 the 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.
SECTION 29-15
PAGE 49
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.
6. Bed and breakfast establishments. (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 (M.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.
SECTION 29-15
PAGE 50
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.
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.
SECTION 29-15
PAGE 51
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.
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 29-25 below.
F Sign Requirements
1. All signs in the RSD District shall conform to the regulations set forth
in Section 29-26 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.
SECTION 29-15
PAGE 52
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)
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.
3. Commercial marina for the sale, mooring, and rental of boats.
SECTION 29-16
PAGE 53
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 29-25 below.
F Sign Requirements
1. All signs in the CN District shall conform to the regulations set forth
in Section 29-26 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
SECTION 29-16
PAGE 54
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)
SECTION 29-16
PAGE 55
29-17 CC - CENTRAL BUSINESS DISTRICT
(Ord. No. 35,6-11-07)
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
SECTION 29-17
PAGE 56
The following uses are only allowed by Special Permit, granted by the
Planning Board:
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
SECTION 29-17
PAGE 57
d. Minimum side yard setback 1 0 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 "R6" 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
Minimum lot frontage: 50 feet
Minimum front yard setback: 15 feet
Minimum side yard setback: 10 feet, 15 feet if over 3 stories
Minimum rear yard setback: 20 feet
Maximum height - 55 feet / 75 feet*
b.
c.
d.
e.
f.
The Planning Board may authorize, by special permit,
an increase in building height over 55 feet, to a maximum of
75 feet for uses under subsection 29-17.D.2., 3., and 5. only,
and only for lots zoned "CC overlay" on the official City
zoning map, and only when the provisions of Section 29-
17.G. below are met.
3. Commercial uses which do not abut a residential district:
*
a.
b.
Minimum lot area: none
Minimum lot frontage: none
Minimum front yard setback: none
Minimum side yard setback: none
Minimum rear yard setback: none
Maximum height: 55 feet / 75 feet*
c.
d.
e.
f.
The Planning Board may authorize, by special permit,
an increase in building height over 55 feet, to a maximum of
75 feet for uses under subsection 29-17.D.2., 3., and 5. only,
and only for lots zoned "CC overlay" on the official City
zoning map, and only when the provisions of Section 29-
17.G. below are met.
SECTION 29-17
PAGE 58
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
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)
5. Combined commercial/residential uses on lots with side and/or rear
yards which do not abut a residential zoning district:
*
a.
b.
Minimum lot area - none
Minimum lot frontage - 50 feet
Minimum front yard setback - none
Minimum side yard setback - none
Minimum rear yard setback - none
Maximum building height - 55 feet/75 feet*
c.
d.
e.
f.
The Planning Board may authorize, by special permit, an
increase in building height over 55 feet, to a maximum of 75
feet for uses under subsection 29-17.D.2., 3., and 5. only,
and only for lots zoned "CC overlay" on the official City
zoning map, and only when the provisions of Section 29-
17.G. below are met.
E Parking Requirements
1. Off-street parking shall be in accordance with the requirements set
forth in Section 29-25 below.
F Sign Requirements
1. All signs in the CC District shall conform to the regulations set forth
in Section 29-26 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.
SECTION 29-17
PAGE 59
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.
(Rev. 6-26-87)
2. The following provisions shall apply to those buildings in the CC
zoning district that are authorized by Special Permit from the
Planning Board to exceed 55' in height:
a. The perimeter of at-grade parking areas shall be screened
from abutting properties and streets by a landscape buffer
at least eight feet (8') in width;
b. During the special permit process, the Design Review
Board shall have issued a finding that the design of the
proposed development is consistent with the general intent
of the City's Design Guidelines for Tall Buildings dated
January 2007 and with the objectives embodied therein.
H Special Requirements for Multiple Dwellings
The development of multiple dwellings which includes townhouses 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 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
SECTION 29-17
PAGE 60
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
proj ect.
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.
(Ord. No. 35,6-11-07)
SECTION 29-17
PAGE 61
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.
SECTION 29-18
PAGE 62
20. Those uses allowed by right under Section 29-6.
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 29-29.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
SECTION 29-18
PAGE 63
7.
Maximum building height:
35 feet
E Parking Requirements
1. Off-street parking shall be in accordance with the requirements set
forth in Section 29-25 below.
F Sign Requirements
1. All signs in the CG District shall conform to the regulations set forth
in Section 29-26 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.
SECTION 29-18
PAGE 64
29-19 IR AND IR OVERLA Y- RESTRICTED INDUSTRIAL., RESEARCH &
OFFICE DISTRICT
(Ord. No. 230,2-19-2009)
A General 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. The IR Overlay district is established to provide
principally for mixed use commercial development within the IR district. Lots
zoned "IR Overlay" on the official City zoning map shall be subject to all of the
provisions of the IR district, unless specifically provided otherwise.
(Ord. No. 230,2-19-09)
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.B.52.
10. Essential public services such as transformer stations, substations,
SECTION 29-19
PAGE 65
pumping stations, automatic telephone exchanges not including
outdoor vehicle or equipment storage.
11. Accessory buildings and uses required for and clearly 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 29-29.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.
SECTION 29-19
PAGE 66
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)
The following uses are only allowed by Special Permit, granted by the
Planning Board, and only for lots zoned "IR Overlay" on the official City
zonIng map:
a. Retail establishments
b. Restaurant selling food both for consumption on and off the premises
c. Dwellings in a Mixed Use development
d. Gymnasium, health club, indoor commercial swimming pool
e. Personal and consumer service establishments including, but not
limited to, barber or beauty shop and Laundromat
(Ord. No. 230,2-19-09)
D Building and Area Requirements
1. Minimum lot area: 2 acres
2. Maximum lot coverage: 40%, no more than 60% including
parking. The Planning Board may authorize, by Special Permit, an
increase in impervious lot coverage to 75% for lots zoned "IR
Overlay" on the official City zoning map, and only for lots that
satisfy the minimum lot area requirement in the IR District as
provided above. (Ord. No. 230,2-19-09)
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 29-25 below. The Planning Board may modify the
parking requirements for lots zoned "IR Overlay" on the official City
zoning map in accordance with Section 29-25.F below. (Ord. No.
230,2-19-09)
F Sign Requirements
SECTION 29-19
PAGE 67
1. All signs in the IR District shall conform to the regulations set forth
in Section 29-26 below. That one freestanding sign of no more than
35 square feet and no more than 15-feet above grade identifying
multiple users shall be permitted for a Mixed use development on a
lot zoned "IR Overlay" on the official City zoning map. (Ord. No.
230,2-19-09)
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. (Rev. 6-26-87)
2. For lots zoned "IR Overlay" on the official City zoning map, Site Plan
Review by the Planning Board will be required for any development
requiring a Special Permit. (Ord. No. 230,2-19-09)
SECTION 29-19
PAGE 68
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 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
SECTION 29-20
PAGE 69
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 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 29-29.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.
SECTION 29-20
PAGE 70
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 ways shall be
allowed a maximum building height of70 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 29-25 below.
F Sign Requirements
1. All signs in the IG District shall conform to the regulations set forth in
Section 29-26 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
SECTION 29-20
PAGE 71
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.
SECTION 29-20
PAGE 72
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.
2. Essential public services such as transformer stations, substations,
pumping stations, automatic telephone exchanges not including
outdoor vehicle or equipment storage.
3. Bed and breakfast establishments. (Rev. 3-19-91)
SECTION 29-21
PAGE 73
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.
2.
3.
4.
5.
6.
Minimum lot area:
Minimum lot frontage:
Minimum front yard setback:
Minimum side yard setback:
Minimum rear yard setback:
Maximum building height:
1 0 acres
225 feet (Rev. 7-1-92)
30 feet
20 feet
25 feet
65 feet
E Parking Requirements
1. Off-street parking shall be in accordance with the requirements set
forth in Section 29-25 below.
F Sign Requirements
1. All signs in the HD District shall conform to the regulations set forth
in Section 29-26 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.
SECTION 29-21
PAGE 74
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, subj ect 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.
SECTION 29-22
PAGE 75
5. Personal and consumer service establishments including but not
limited to, barber or beauty shop and laundromat, subject to the
provisions of Section G below.
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 29-25 below.
SECTION 29-22
PAGE 76
2. One off-street parking space for each marIna recreational or
commercial boat slip shall also be provided.
F Sign Requirements
1. All signs in the WD District shall conform to the regulations set forth
in Section 29-26 below. (Rev. 6-26-87)
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 the applicability 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
planes) 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
(F AR) increasing the FAR from 0.25 up to 1.0, in return for all of
the following public benefits:
a. The provision, including construction and maintenance, of a
public pedestrian walkway along the water, a minimum of
12 feet in width, the exact location to be determined by the
Planning Board, designed 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.
SECTION 29-22
PAGE 77
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 (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, dry dock 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,
SECTION 29-22
PAGE 78
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 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
proj ect.
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
SECTION 29-22
PAGE 79
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.
SECTION 29-22
PAGE 80
29-23 WDR - WATERFRONT DEVELOPMENT RESIDENTIAL DISTRICT
(Ord. No. 109,12-27-06)
A General Description
This district is established to provide principally for mixed-use development,
residential 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 minimmn 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
B.7. below. (Processing: meaning canning, cooking, or freezing but not preparation of
bait), subject of 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.
6. Restaurant selling food for consmnption entirely on the premises, subject to the
provisions of Section G below.
7. Accessoty 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 of the provisions of Section G below.
4. Retail establishments, subject to the provisions of Section G below.
5. Personal and consmner service establishments including but not limited to, barber
or beauty shop and lalll1dromat, subject to the provisions of Section G below.
6. Business and professional offices; banks subject to the provisions of
Section G below.
SECTION 29-23
PAGE 81
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.
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.
The following uses are only allowed by Special Permit, granted by the Board of Appeals:
1. Bed and breakfast establishments.
D Building and Area Requirements
1. Minimum lot area: 9,000 square feet plus 2,261 square feet for each
additional dwelling unit over three.
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: 65 feet
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 paved street grade along the lot, to the top of the highest roofbeams of
a flat root: or the top of the highest ridge of a sloped root: except that there may be
uninhabited space lll1der a sloped roof up to a total height of 40 feet
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.
F Sign Requirements
1. All signs in the WDR District shall conform to the regulations set forth in
Section 29-25 below.
G Special Requirements
SECTION 29-23
PAGE 82
1. All WDR 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 fedeml permit or license obtained for any non-
water dependent, or water-dependent use (including the applicability 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 WDR, 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 planes) drawn for a Special Permit, Building Permit, or other
Permit required under this ordinance.
2. For any use allowed in the WDR 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 0.75, in return for all of the following public benefits:
a. The provision, including construction and maintenance, of a public
pedestrian walkway along the water, a minimmn of 12 feet in width, the
exact location to be determined by the Planning Board, designed 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 Congress Street, the prOVISIon, including
construction (but not maintenance) of a public right-of-way along Congress
Street, so that there can be five (5) foot sidewalks on both sides.
c. All buildings shall be so designed and placed to allow 50-feet wide
views to the waterfront at least every 220 feet from the street to the
harbor. The longer side of each building shall appropriately be
sited in order to preserve water views from the street.
d. The provision of an area of the land or building(s) having an area
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, or public space which is primarily marine
or fishing related) as defined below:
SECTION 29-23
PAGE 83
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, dry dock 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.
6. Public walkway, parkland dedicated to public use, public
fishing area, and public parking.
3. 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.
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,
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 220
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, except
those portions of drives which may serve parking under the building.
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
SECTION 29-23
PAGE 84
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 lalll1dering and dtying 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, shall be
contiguous, and shall include the 20% public space area provided for in
G.2.d. above.
SECTION 29-23
PAGE 85
29-24 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, R-15, 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, membership clubs for the
exclusive use of residents of the PRD, and Commercial Mobile Radio
Service transmission facilities, structures, and/or towers. (Ord. No.
115,6-11-96; Ord. No. 161; 6-24-04)
3. Procedure - Application for Special Permit for a PRD shall be filed
and processed in accordance with Section 29-28 of this Ordinance,
unless otherwise provided herein. Site Plan Review by the Planning
Board is also required for PRD's - see Section 29-29.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.
SECTION 29-24
PAGE 86
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, 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
SECTION 29-24
PAGE 87
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 Open Space Residential Design (OSRD) Site Plan Ordinance
(Ord. No. 105,12-29-05)
This Open Space Residential Design Site Plan Ordinance encourages land-
sensitive construction, siting and design of significant new residential projects
through a cooperative exploration of alternatives which allows relaxation of
current zoning and subdivision dimensional standards and which permits
increased density in return for achievement of open space preservation targets.
I. Purpose and Intent
1. The Primary Purposes for this OSRD ordinance are the following:
(a)To allow for greater flexibility and creativity in the design of
residential developments;
(b )To encourage the protection and permanent preservation of open
space, forestry land, wildlife habitat, other natural resources
including public water supplies, aquifers, water bodies and
wetlands, and historical resources in a manner that is consistent
with Beverly's Master Plan and Open Space and Recreation Action
Plan (together, the "Master Plans");
( c ) To encourage a less sprawling and more efficient form of
development that consumes less open land and conforms to
existing topography and natural features better than a conventional
or grid subdivision;
(d) To minimize the total amount of disturbance on the site;
( e) To further the goals and policies of the Master Plans;
(f) To facilitate the construction and maintenance of housing, streets,
utilities, and public service in a more economical and efficient
manner;
SECTION 29-24
PAGE 88
(g) To protect the regional water supply from contamination and to
ensure it will be adequate to serve population requirements in the
future.
2. The Secondary Purposes for the OSRD ordinance are the following:
(a) To protect the value of real property;
(b) To provide for a diversified housing stock;
(c) To provide affordable housing to persons of low and moderate
Income.
II. Applicability
1. Covered Proiects. A covered project shall include any development or
construction of new housing (including a condominium) on a tract of
land that
( a) will create four (4) or more buildable lots by reason of a
subdivision in the R-10, R-15 and R-22 zones or
(b) will create four (4) or more new dwelling units (excluding new
units in an existing building) in the R-10, R-15 and R-22 zones or
(c) consists of an area of 2 acres or more in the R-10, R-15 and R-22
zones or
(d) consists of an area of 180,000 square feet (i.e. just over 4 acres) or
more in the R-45 zone and will create three (3) or more buildable
lots by reason of a subdivision or four (4) or more dwelling units
(excluding new units in an existing building) or
(e) consists of an area of 300,000 square feet Gust under 7 acres) or
more in the R-90 zone and will create three (3) or more buildable
lots by reason of a subdivision or four (4) or more dwelling units
(excluding new units in an existing building)
shall be subject to this OSRD ordinance.
(Ord. No. 24, 7-2-08)
2. Zoning Classification. This OSRD ordinance shall apply only to those
tracts (or to the portions thereof) located in one or more of the City's R-
10, R-15, R-22, R-45, and R-90 residential zoning districts, but shall not
apply to any tract or portion of a tract in an R-6, RSD, RHD or RMD
zoning district. Any other residential project in a zoning district other
than R-6, RSD, RHD, or RMD, may elect to be subject to this OSRD
ordinance, but such election shall not eliminate the requirement to
obtain a use variance or special permit where otherwise required in such
non-residential zoning district.
SECTION 29-24
PAGE 89
3. Tract. A "tract" for the purposes of this OSRD ordinance shall consist
of one or more contiguous lots under single legal or beneficial
ownership or proposed to be developed as a single project, including in
phases. Lots separated only by a private way shall be considered
contiguous for the purposes of this OSRD ordinance.
The calculation of the area of a "tract" shall be the same as the
calculation of the area of a lot as set forth in the definition of "Lot" in
Section 29-2 of this ordinance.
(Ord. No. 24, 7-2-08)
This ordinance shall not prevent endorsement of any qualified Approval
Not Required ("ANR") plan but shall apply to all Covered Projects after
ANR endorsement has been received or obtained.
The Planning Board may waive the requirements of this Ordinance for
any Approval Not Required ("ANR") plan, provided that it finds that:
(a) no new building lots are being created; or
(b) no more than two (2) new building lots are created and
(i) the owner and his/her successors in title, through deed
restriction, relinquish all rights of future division that will
create additional building lots together or in conjunction
with land outside the tract; and
(ii) the applicant provides a plan identifying and delineating
primary and secondary conservation areas, potentially
buildable areas, and, where possible, proposed house
location(s); and
(iii) the applicant satisfies the Planning Board that siting of the
new house(s) and associated site improvements, including
stormwater management, conform to the purposes and
intent of this Ordinance.
(Ord. No. 24, 7-2-08)
4. OSRD Site Plan Approval. No building permit shall be issued for, nor
any construction or foundation work be commenced on, any portion of
a Covered Project without first obtaining OSRD Site Plan Approval
pursuant to this OSRD Ordinance for the entire project.
III. Initial Review
1. Initial Review. Prior to submitting its application for an OSRD site plan
approval, the applicant shall participate in initial review at one or more
meetings of the Planning Board.
SECTION 29-24
PAGE 90
(a) The Planning Board shall send prior written notice of such review
to the Beverly City Council, the Beverly Conservation
Commission, the Beverly Board of Health, the Beverly Open
Space and Recreation Committee, and such other municipal or
regional entities as it shall judge appropriate. Such Council,
Commission, Board, Committee, or other entity may send a
representative to speak in an official or unofficial capacity during
such review. In addition, the Planning Board shall, at the
applicant's expense, send written notice, at least seven (7) days
prior to the initial meeting at which such review shall take place,
to each abutter and abutter of an abutter of the tract. The Planning
Board shall also, at the applicant's expense, send legal notice of
the initial meeting for publication in a newspaper of general
circulation at least seven (7) days prior to said meeting. The
purpose of initial review is to commence discussions with the
Planning Board at the earliest possible stage in the development.
(b) At or during the initial review, the applicant shall submit two or
more conceptual plans showing materially different alternative
development configurations, shall describe the development and
how it furthers the goals of this ordinance, shall incorporate the
four-step General Design Process described in Section V.3 below,
seek feedback from the Planning Board and/or its technical
experts, and indicate a possible timetable for submittal of a formal
application. Conceptual plans shall not be detailed, but shall show
the general features of the site and the possible location of
structures and ways. Imaginative and creative land use planning
should be applied with the aim of furthering the purposes of this
ordinance.
( c) At the expense of the applicant, the Planning Board may engage
technical experts to perform preliminary review of the plans
submitted by the applicant in order to facilitate selection of a
Preferred Plan (as described in Section 111.2 below) and submittal
of a formal application for OSRD site plan approval. Prior to the
initial review meeting, the Planning Board shall request comments
from the Conservation Commission on all ecologically sensitive
areas within its jurisdiction, including, but not limited to,
wetlands, water bodies, and their buffer zones.
(d) The initial review may extend over more than one meeting or
session and shall not constitute or require a public hearing.
However, members of the public shall be welcome to speak
during a required public comment period to be held prior to the
selection of a Preferred Plan. The public is also encouraged to
SECTION 29-24
PAGE 91
submit comments in writing to the Planning Board with respect to
any proposed concept plan or Preferred Plan.
( e) The applicant is encouraged to meet with abutters and neighbors
prior to submitting a Preferred Plan to discuss the applicant's
intentions and possible alternative configurations. The applicant
shall inform the Planning Board of the substance of its meetings
with abutters and neighbors.
2. Preferred Plan. At least one concept plan submitted during the initial
review shall be amended, refined and conditioned so as to constitute a
"Preferred Plan" as described below. Submission during the initial
review stage of at least three concept plans showing alternative
development configurations is strongly encouraged.
(a) The applicant shall not submit a Preferred Plan until the Planning
Board and the applicant have discussed the initial concept plans
and alternative development and conservation configurations so
that the input of the Planning Board and Conservation
Commission can be taken into account in the creation of a
Preferred Plan depicting the configuration which best addresses
the objectives of this OSRD ordinance.
(b) Preferred Plan shall address the general features and topography
of the land, identify major types and the size of vegetation, and
give configurations of the lots. The Preferred Plan shall also
show roadways, open space, wetlands, water bodies, and their
buffer zones and shall include such other information as may be
required in the OSRD Site Plan Rules and Regulations.
( c ) The applicant must demonstrate that the Preferred Plan
incorporates the four-step General Design Process set forth in
Section V below, and the Design Standards according to VI.3
below, when determining a proposed design for the development.
3. Yield Plan. Before approval of the Preferred Plan by the Planning
Board in the initial review, the applicant shall submit a Yield Plan (as
defined in Section IV. below). Approval of a yield plan shall be subject
to a public hearing, which shall occur as early in the initial review
process as reasonably possible but no later than 45 days after
submission of the Initial Review Application. The Planning Board
shall, at the applicant's expense, send written notice, at least seven (7)
days prior to the public hearing, to each abutter and abutter of an abutter
of the tract. The Planning Board shall also, at the applicant's expense,
send legal notice of the public hearing for publication in a newspaper of
general circulation at least seven (7) days prior to said meeting.
SECTION 29-24
PAGE 92
(Ord. No. 24, 7-2-08)
4. Rules and Regulations. The Planning Board shall adopt rules and
regulations relative to the size, form, number and contents of the
Conceptual plans, Preferred plan, Yield plan and OSRD Site Plan.
(Ord. No. 24, 7-2-08)
5. Approval of Preferred Plan. A Preferred Plan which does not exceed the
Basic Maximum Number of dwelling units possible under the Yield
Plan shall be approved by the Planning Board subject to such conditions
as it deems appropriate to achieve the goals of this OSRD ordinance.
When the Planning Board approves the Preferred Plan, the applicant
may then file an application for OSRD Site Plan Approval. Approval of
a Preferred Plan shall not foreclose further review or amendment of the
Yield Plan or Preferred Plan during public hearings on an OSRD Site
Plan Application under Section VI below.
IV. Basic Maximum Number (Of Lots/Units)
In order for a Preferred Plan to be approved, the number of lots or dwelling
units on the tract shall not exceed the Basic Maximum Number, as defined
below.
1. The Basic Maximum Number shall be the maximum number of lots (or,
where no subdivision or lot division is involved, number of dwelling
units) that could be placed upon the tract under a conventional
subdivision or development plan pursuant to then applicable zoning and
subdivision requirements (other than this OSRD ordinance), without
variances or waivers of any kind, including from other bodies having
regulatory authority over the development or any portion thereof (such
as the Conservation Commission and Board of Health) unless such
variances or waivers have already been obtained from such other
authority, and accurately depicted on a "Yield Plan". Waivers from the
Planning Board's Rules and Regulations Governing the Subdivision of
Land are permitted in determining the Basic Maximum Number. Such
waivers must be sought and obtained during the OSRD process, but
prior to acceptance of a Yield Plan. The Yield Plan shall display the
general features and topography of the land shown on the Preferred
Plan, the dimensions, areas, and locations of the lots, open space,
roadways, wetlands, water bodies, and their buffer zones and such other
information as is required from time to time by the OSRD rules and
regulations.
(Ord. No. 24, 7-2-08)
SECTION 29-24
PAGE 93
2. The applicant shall have the burden of proof in establishing the Basic
Maximum Number of lots (or dwelling units) resulting from the design
and engineering specifications shown on the Yield Plan. The Planning
Board shall consider at least the following factors in determining if such
burden of proof has been met:
(a) the applicant has demonstrated through title insurance or other
acceptable evidence that it is the owner of, or in control of, the
entire tract depicted within the OSRD Site Plan;
(b) the existence of wetlands pursuant to an approved Abbreviated
Notice of Resource Area Delineation ("ANRAD") as described in
Section V .1. below and other environmental and regulatory
constraints upon development has been adequately shown and
dealt with; and
( c ) the applicant demonstrates that under then current market
conditions the number of dwelling units, and their related
improvements and infrastructure, as shown on the Yield Plan
could be reasonably and economically constructed.
V. General Design Process
During the OSRD site plan initial review and approval process, but no later
than the time of submittal of the Preferred Plan described above, applicants
shall demonstrate to the Planning Board that the following steps, in the
order indicated, (i) were performed by a licensed Landscape Architect and
Registered Professional Engineer and (ii) were followed in determining the
layout of proposed streets, buildings, house lots, and open space as shown
on the required plans.
1. Step One: Identifying Conservation Areas. Identify preservation land by
two steps.
First, Primary Conservation Areas (such as wetland resource areas,
riverfront areas, and floodplains regulated by local, state or federal law)
and Additional Conservation Areas (including elements of the natural
landscape such as steep slopes, mature woodlands, prime farmland,
meadows, wildlife habitats and cultural features such as historic sites,
historic structures, and scenic views) shall be identified and delineated.
Wetlands resource areas shall be determined by the Conservation
Commission pursuant to the ANRAD process under the Beverly
wetlands ordinance and regulations.
Second, the Potentially Developable Area will be identified and
delineated. To the maximum extent feasible, the "Potentially
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Developable Area" shall consist of land outside identified Primary and
Additional Conservation Areas. The Potentially Developable Area shall
not be construed as the final "Buildable Area" as defined by Section
VIII.1.(b ).
(Ord. No. 24, 7-2-08)
2. Step Two: Locating Housing Sites. Locate the approximate sites of all
residential buildings within the Potentially Developable Area.
(Ord. No. 24, 7-2-08)
3. Step Three: Aligning Streets and Ways. Align streets in order to access
the house lots and residential buildings. Additionally, new access ways
should be laid out to create internal and external connections to existing
and/or potential future streets, sidewalks, trails and bicycle paths.
4. Step Four: Lot Lines. Draw in new lot lines (where applicable) and
include the delineation of private yards, exclusive easement areas, and
shared amenities, with a design that seeks to encourage an integrated
community within the proposed development and further the goals of
the Master Plan and the Open Space and Recreation Action Plan.
Shared amenities should be located so as to encourage use by persons
inside and outside of the Covered Project.
(Ord. No. 24, 7-2-08)
VI. Site Plan Approval Process
1. OSRD Site Plan. A proposed OSRD Site Plan shall be a fully engineered
plan, conforming to the provisions of this OSRD ordinance, all the
provisions of the OSRD Site Plan Rules and Regulations, and the City
of Beverly Site Plan Zoning Ordinance Section 29-29.C.2, to the extent
that Section 29-29.C.2. does not conflict with this ordinance. The
proposed OSRD Site Plan shall incorporate the features and comply
with the conditions of the approved Preferred Plan and in addition shall
also include storm-water management including Best Management
Practices, wastewater management, utilities, and all other information
as required by subdivision ordinances, rules and regulations.
(Ord. No. 24, 7-2-08)
2. General Procedures.
(a) When an application for approval of an OSRD Site Plan is filed
with the Planning Board, the applicant shall also file, within five
(5) working days of the filing of the completed application, a copy
of the full application, including proposed site plan and other
documentation, with each of the Board of Health, Conservation
Commission, Building Inspector, Design Review Board, Parking
SECTION 29-24
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and Traffic Commission, Department of Public Works, Police
Chief, Fire Chief, and City Engineer for their consideration,
review, and report. The applicant shall furnish the copies
necessary to fulfill this requirement. Reports from other boards
and officials shall be submitted to the Planning Board within
forty-five (45) days of receipt by the reviewing party of all of the
required materials. In the event that the public hearing by the
Planning Board is commenced prior to the expiration of the 45
day period, the Planning Board shall continue the public hearing
to permit the formal submission of reports and recommendations
within that forty-five (45) day period.
(b) The Planning Board shall hold a public hearing within ninety (90)
days of receipt of a complete application. The decision of the
Planning Board shall be upon a majority of its members. After
consideration of the public's concerns, the Planning Board shall
make and file its decision with the City Clerk within sixty-five
(65) days from the close of the public hearing, and shall notify the
applicant of its decision. A copy of the decision, certified by the
City Clerk as appropriate, shall be recorded with the Essex South
District Registry of Deeds or the Essex South Registry District of
the Land Court, as appropriate, by the applicant prior to the
commencement of work. The decision shall be binding on the
land depicted on the approved Site Plan.
(c) OSRD Site Plan approval shall lapse after one year from the grant
thereof if a substantial use thereof has not sooner commenced
except for good cause. Such approval may, for good cause, be
extended from time to time in writing by the Planning Board,
without public hearing, upon the written request of the applicant.
3. Design Standards. In approving an OSRD Site Plan, the Planning
Board may impose conditions to ensure that the site plan furthers the
objectives of the Master Plans and complies with the following design
standards.
(a) Generic Design Standards
(i) The site plan shall promote more effectively permanent
preservation of open space, agricultural land, forestry land,
natural resources and historical and archeological resources
than would a conventional subdivision (for purposes of this
OSRD ordinance a "conventional subdivision" shall mean a
subdivision designed in full accordance with applicable
subdivision rules and regulations [other than pursuant to this
OSRD ordinance] without waivers of any kind).
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(ii) The site plan shall consume less undeveloped land and shall
conform to existing topography and natural features more than
a conventional subdivision.
(iii) The site plan shall have less total amount of disturbance on
the site than a conventional subdivision.
(iv) The site plan shall facilitate the construction and maintenance
of streets, utilities, and public service in a more economical,
safe and efficient manner than a conventional subdivision and
all utilities shall be underground within the proposed
development.
(v) The landscape within the site plan shall be preserved in its
natural state, insofar as practicable, by minimizing tree and
soil removal. The orientation of building sites shall be such as
to maintain maximum natural topography and cover.
Topography, tree cover, and natural drainage ways shall be
treated as primary determinants of road and lot configuration.
(vi) Streets and other ways within the site plan shall be designed,
dimensioned and located, consistent with the needs of public
safety, in such a manner as to maintain and preserve natural
topography, significant landmarks, and trees; to minimize cut
and fill; and insofar as practicable to preserve and enhance
views and vistas on or off the subject parcel.
(vii) All open space (landscaped and usable) shall be designed to
add to the visual amenities of the area by maximizing its
visibility for persons passing the site or overlooking it from
nearby properties.
(viii) The removal or disruption of historic, traditional or
significant uses, structures, or architectural elements shall be
minimized, whether these exist on the site or on adjacent
properties.
(ix) Parking areas shall be screened to the extent required by
Section 29-25 of the ordinances of the City of Beverly.
(b) Site Specific Design Standards
(i) Parking. Each dwelling unit shall be served by two (2)
off-street parking spaces. Parking spaces in front of garages
may count in this computation.
SECTION 29-24
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(ii) Buffer Areas. A buffer area of at least twenty-five (25) feet
shall be provided at the following locations: (a) perimeter of
the property; and a buffer area of at least one hundred (100)
feet around Primary Conservation Areas (as defined in
Section V .1 above). Such buffer areas shall be free of above-
ground structures and improvements, except that driveways
necessary for access and egress to and from the tract and other
access ways may cross such buffer areas. No vegetation in
this buffer area will be disturbed, destroyed or removed,
except for installation and normal maintenance of structures
and landscapes approved as part of the project. The Planning
Board may waive, reduce or increase the buffer requirement
in those locations where it determines that a smaller or larger
buffer ( or no buffer) is necessary, or will suffice, to
accomplish the objectives set forth herein; provided always
that no buffer requirement herein shall be applied so as to
render any tract unusable, and any variation from the required
buffer area shall be rationally related to accomplishing the
objectives of this OSRD ordinance.
(Ord. No. 24, 7-2-08)
(iii) Drainage. The Planning Board shall encourage the use of
non-structural storm water management techniques (such as
rain gardens and open grass and bio-retention swales) and
other drainage techniques that do not create impervious
surface and that enable infiltration. Storm water should be
treated at the source to limit non-source pollution. Water
conservation measures, including but not limited to the use of
rainwater retention systems, such as rain barrels and cisterns
for water irrigation purposes, are also strongly encouraged.
(iv) Common/Shared Drivewavs. A common or shared driveway
may serve a maximum number of six (6) lots.
(v) Storm Water Management Facilities. All structural surface
storm water management facilities shall be accompanied by a
conceptual landscape and screening plan.
(vi) On-site Pedestrian and Bicvcle Circulation. Walkways and
bicycle paths shall be provided to link residences with parking
areas, adjacent public transportation, recreation facilities
(including parkland and open space) and adjacent land uses,
such as trails and open space identified in the Open Space and
Recreation Action Plan, where appropriate. The feasibility of
a perimeter path shall be considered.
SECTION 29-24
PAGE 98
(vii) Undisturbed Areas. At least 50% of the total tract shall be
undisturbed, whether by initial or subsequent construction or
structures and, except as otherwise provided in Section
VIII.1.d, shall be shown on the OSRD Site Plan as "Not To
Be Disturbed." An undisturbed area is any land left in its
natural vegetated state.
(viii) Disturbed Areas. Within areas to be disturbed, the applicant
shall show all trees of ten (10) inches caliper or greater and
present justification for their disturbance or removal.
4. Site Visit.
The Planning Board shall conduct a site visit during the site plan
approval process. At the site visit, the Planning Board and its agents
shall be accompanied by the applicant and its agents. Members of the
general public may be included at the discretion of the applicant and the
acquiescence of the Board.
5. Other Information.
The submittals and permits of this Section VI shall be in addition to any
other requirements of the Subdivision Control Law, the applicable
Subdivision Rules and Regulations or any other provisions of this
Zoning Ordinance.
VII. Permitted Reduction of Dimensional Requirements
The Planning Board, which shall have the power in its discretion to waive
or reduce frontage or other dimensional or subdivision requirements for
such purpose, shall encourage applicants to modify lot size, shape, and
other dimensional requirements for lots and ways within an OSRD Site
Plan, in order to further the goals of this OSRD ordinance, subject to the
following limitations:
1. Lots having reduced area or frontage shall not have their legal frontage
on a street other than a street created by the OSRD, provided that this
limitation shall not apply in the case of lots created by an ANR plan, nor
shall it apply to lots created by a subdivision plan if its application
would conflict with the purposes or with other provisions of this OSRD;
and (Ord. No. 24, 7-2-08)
2. Reduction of otherwise applicable setback requirements shall not be
permitted with respect to those setbacks measured from any exterior
boundary of the tract.
SECTION 29-24
PAGE 99
3. Nothing in this Section VII shall permit, or be deemed to permit, the
construction or use of more dwelling units per lot than is otherwise
permitted in the applicable zoning district.
(Ord. No. 24, 7-2-08)
4. The dimensional requirements imposed upon any lot created by the
OSRD shall not be less than a lot area of six thousand (6000) square
feet, a front yard setback of twenty (20) feet, a side yard setback of ten
(10) feet on one side (one side yard may have a zero (0) foot side yard
setback provided that only a lot line created by the proposed OSRD
may have such a zero [0] foot side yard setback), and a rear yard
setback of twenty-five (25) feet: nor shall a building height greater than
thirty-five (35) feet be permitted. However, a dimensional limitation
imposed by this paragraph shall not apply to a lot if a majority of
members of the Planning Board entitled to vote, determines that such an
application unnecessarily frustrates the purposes of this Ordinance.
(Ord. No. 24, 7-2-08)
5. The subdivision requirements imposed upon any roadway created
within the OSRD development shall not be less than a right of way
width of forty (40) feet, a roadway width of twenty-four (24) feet, and a
maximum roadway grade of eight (8) percent. However, a dimensional
limitation imposed by this paragraph shall not apply to an OSRD
development if a maj ority of members of the Planning Board entitled to
vote, determines that such an application unnecessarily frustrates the
purposes of this Ordinance.
(Ord. No. 24, 7-2-08)
6. The sidewalk requirements for any way created within the OSRD
development shall be the following: A sidewalk shall extend the full
length of one side of the way and shall be a minimum width of five (5)
feet. The Planning Board may allow pedestrian access that is not
parallel to the street in lieu of one (1) or more sidewalks as described
above. The sidewalk requirement may be eliminated by the Planning
Board if it makes a finding that the connecting, existing roadways do
not have existing sidewalks, or if alternative pedestrian access is
provided within the OSRD development. When it determines that it is
appropriate to do so, the Planning Board may waive the sidewalk
requirement if it makes a finding that other provisions are made within
the tract to safely and adequately lead pedestrians to connecting
sidewalks outside of the tract.
(Ord. No. 24, 7-2-08)
VIII. Open Space Requirements
SECTION 29-24
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1. Open Space. A minimum of fifty percent (50%) of the Buildable Area
(as defined below in Section VIII. 1 (b)) shown on the OSRD site plan
shall be open space meeting the following criteria:
(a) All proposed open space shall be conveyed to at least one
Conservation Entity (as defined below in Section VIII.2) for
conservation purposes. The open space shall be perpetually
preserved in an open or natural state as described below
exclusively for the purposes set forth herein, and shall be
maintained in a manner which will ensure its suitability for such
intended purposes.
(b) The Buildable Area shall consist of that portion of the tract that
does not consist of either (i) wetlands, (ii) that portion of the
wetland buffer zone within twenty five feet (25') of a wetland, or
(iii) areas having a slope of more than twenty percent (20%);
however, the Planning Board may reduce such open space
requirement in any instance where the strict application thereof
would render a tract effectively unbuildable. Input from the
Conservation Commission concerning the wetland resources shall
be requested.
( c) The open space sufficient to meet the minimum requirements shall
be contiguous. Open space shall be considered contiguous if a
roadway or an accessory amenity separates it.
(d) The primary purpose of the open space shall be for wildlife habitat
and conservation. The open space can also be used for the
following secondary purposes: historic preservation, education,
outdoor education, passive recreation, or a combination of these
uses, and shall be served by suitable access. The Planning Board
may permit up to five percent (5%) of the open space to be paved
for the dedicated use of such open space (e.g., pedestrian walks
and bike paths). Limited portions of the open space may be
reserved for active outdoor recreation when consistent with the
goals of the Beverly Open Space and Recreation Plan, provided
that such reservation is not materially inconsistent with the
wildlife habitat and conservation purposes of this ordinance.
(e) The open space shall be subject to a management plan to be
approved by the Planning Board as part of the OSRD Site Plan
approval. The purpose of the management plan is to provide
guidance for the maintenance and stewardship of the open space
and any facilities accessory thereto. Input from the Conservation
Commission and Open Space and Recreation Committee
concerning the management plan is encouraged.
SECTION 29-24
PAGE 101
( f) Wastewater and storm water management systems serving the
OSRD may be located within the open space; however, surface
systems, such as retention and detention ponds, shall not qualify
toward the minimum open space required.
(g) Open space shall be disturbed to the minimum extent possible
during construction upon the tract. The applicant shall show all
areas proposed to be disturbed within the tract and shall present
justification for the use or disturbance of those areas. A higher
level of scrutiny will be applied to areas within the proposed open
space that are proposed to be disturbed.
(h) No provision in this OSRD ordinance shall be deemed to preclude
an applicant from providing an endowment to a Conservation
Entity for the purpose of securing the maintenance, stewardship,
and enforcement of the open space, and applicants are encouraged
to provide such an endowment. In the case of a Conservation
Entity under subsection VIII.2( c )(i) below, however, any such
endowment shall be in addition to, and not in replacement of, the
cash bond referred to in subsection VIII.2( c )(ii).
(i) Each deed conveying open space to a Conservation Entity under
subsection VIII.2(a) or VIII.2(b) below shall include a provision
expressly stating that the preservation of such open space
constitutes a public purpose within the meaning, and subject to the
protections of Article 97 of the Massachusetts Constitution, as it
may be amended from time to time. Each deed conveying open
space to a Conservation Entity under subsection VIII.2( c) below
also shall be deemed for the benefit of the owners of the lots
within the OSRD Site Plan. Such deed provisions shall be
submitted to the Planning Board for approval, and shall thereafter
be recorded.
G) Nothing in this ordinance shall prohibit building within a wetlands
resource area (as defined in the City of Beverly Wetlands
Ordinance and Regulations) with the permission of the
Conservation Commission to the extent such permission is
required by law, ordinance, or regulation.
(k) Other than perimeter buffer zones required by this ordinance,
required open space shall be provided to the maximum extent
possible within wetlands buffer zones.
2. Ownership of the Open Space. The open space and any facilities
accessory thereto shall, at the applicant's election, be conveyed to,
SECTION 29-24
PAGE 102
and shall be held as Open Space in perpetuity by, one or more of the
following (each a "Conservation Entity"):
(a) the City, acting by and through its Conservation Commission or
its Parks and Recreation Department or the Commonwealth of
Massachusetts as part of a state forest, park, or wildlife
management area; provided further that in the case of the City,
any endowment provided under subsection VIII. 1 (h) above shall
be administered by the Planning Board in the same manner as a
cash bond under subsection VIII.2( c) below, except that all such
endowments held by the City may be pooled and administered
and applied collectively.
(b) a nonprofit organization, the principal purpose of which is the
conservation of open space and any of the purposes for such open
space set forth above;
(c) (i) a corporation or trust owned jointly or in common by the
owners of lots within the OSRD Site Plan (either an
"Association"). If an Association is used an ownership interest in
the Association shall pass with conveyance of each of the lots in
perpetuity. Physical maintenance and stewardship of the open
space and any facilities accessory thereto, and legal enforcement of
the provisions of the site plan approval applicable to the open
space and accessory facilities, including the management plan
(hereinafter the "Association Obligations") shall be permanently
guaranteed by, and at the sole expense of, such Association which
shall provide for mandatory assessments for such purposes to each
lot.
(ii) In addition, the applicant shall post a cash bond to secure the
Association Obligations. Such cash bond shall be in the initial
amount of up to $25,000 per project, to be held by the City in a
segregated fund for such project solely for such purposes, any use
thereof to be subject to the prior approval of the Planning Board
in each instance. Each Association shall be deemed to have
assented to allow the City to perform maintenance of such open
space and accessory facilities, if the Association fails to perform
the Association Obligations and shall grant the City an easement
for this purpose. In such event, the City shall first provide
fourteen (14) days written notice to the Association as to the
inadequate performance of the Association Obligations, and, if the
Association fails to correct in a timely manner its inadequate
performance, the City may perform the Association Obligations
on its behalf, and the cost thereof may be paid from the cash bond
and any interest accrued thereon. The City shall assess the
SECTION 29-24
PAGE 103
Association for (i) amounts so used by the City from the cash
bond, and (ii) any excess above the cash bond paid or incurred by
the City, in exercise of the provisions of this subsection V .2( c ),
including expenses of enforcing the Association Obligations.
Any amounts not paid in a timely manner by the Association shall
constitute a lien on each of the lots within the OSRD Site Plan,
which may be collected and enforced by the City in the same
manner as real estate taxes. Each individual deed, and the deed of
trust or articles of incorporation of the Association, shall include
provisions designed to effect these provisions. Documents
creating such Association shall be submitted to the Planning
Board for approval, and shall thereafter be recorded.
(iii) Any open space conveyed to an Association shall not be
deemed or required to be dedicated or conveyed for use for a
public purpose, and shall be preserved as open space for the
benefit of the owners of the lots within the OSRD Site Plan.
Nevertheless, an applicant or an Association may elect to dedicate
or convey some or all of the open space for use by the public,
provided that such a dedication or conveyance shall be subject to
Site Plan review and approval by the Planning Board. A second
Site Plan Review and Approval shall be necessary if the
Association changes the applicant's initial decision after it
acquires the lots.
IX. Amendment Or Modification Of Approved OSRD Site Plans
No amendment or modifications of an approved OSRD Site Plan shall be
valid unless first approved by the Planning Board, and no approval,
special permit or variance with respect to same shall be required from the
Zoning Board of Appeals. In its sole discretion, the Planning Board may
approve without public hearing those amendments or modifications that
are determined by a two-thirds (2/3) majority of the Planning Board
members to be minor in nature.
X. Relationship Between The OSRD Site Plan And Definitive Subdivision
Plan
1. For projects subject to this OSRD ordinance for which approval under
the Subdivision Control Law is necessary, the filing of either a
Preliminary or a Definitive Subdivision Plan with the Planning Board
shall be deemed the start of the initial review required by Section III,
unless such review has already started. Any Site Plan Approval issued
by the Planning Board shall specifically state that the Definitive
Subdivision Plan shall substantially comply with the approved OSRD
Site Plan.
SECTION 29-24
PAGE 104
2. Upon written request of the applicant, the Planning Board in its sole
discretion, may conduct the public hearings on the applications
concurrently, provided:
(a) by so requesting the applicant shall be irrevocably deemed to have
requested extensions from the Planning Board of the timeframes
for hearing and final action under the Subdivision Control Law in
order to allow Site Plan Approval to proceed as stated in this
ORSD ordinance, including the provisions of Section X.3 below,
(b) that the Planning Board's decision on Site Plan Approval shall be
rendered separately from and prior to taking final action on the
Definitive Subdivision Plan, and
( c) that the Planning Board shall take final action with respect to the
Definitive Subdivision Plan not later than one hundred thirty-five
(135) days after the close of the public hearing on the Site Plan
Approval.
3. If such hearings are conducted concurrently, they may at any time be
severed by the Planning Board and thereafter conducted separately,
provided that in no event shall the public hearing on the Definitive
Subdivision Plan be closed before the public hearing on the OSRD
Site Plan.
4. A Definitive Subdivision Plan will be considered not to substantially
comply with the approved Site Plan if the Planning Board determines
that the Definitive Subdivision Plan displays, in comparison to such
approved Site Plan:
(a) an increase in the number of building lots or dwelling units;
(b) a significant decrease in the open space acreage;
( c ) a significant change in the lot layout;
( d) a significant change in the general development pattern which
adversely affects natural landscape features and open space
preservation;
( e ) significant changes to the storm water management facilities;
and/or,
(f) significant changes in the wastewater management systems.
5. If the Planning Board determines that the Definitive Subdivision Plan
does not substantially comply with the approved Site Plan, the Board
may disapprove the definitive subdivision plan for failure to comply
with the conditions of the Site Plan requiring that the Definitive Plan
substantially comply with the Site Plan.
SECTION 29-24
PAGE 105
6. The Planning Board may conditionally approve a Definitive
Subdivision Plan that does not substantially comply with the approved
Site Plan. However, such conditional approval must identify where
the plan does not substantially comply with the approved Site Plan
and shall require that the approved Site Plan be amended to be in
compliance with the significant changes identified by the Planning
Board. The Planning Board shall also require that the applicant file an
application to amend the Site Plan within a specified time period.
7. The public hearing on the application to amend the Site Plan shall be
limited to the significant changes identified by the Planning Board in
their conditional approval of the Definitive Subdivision Plan. These
changes are the only considerations that the Planning Board may take
into account in deciding whether to amend the Site Plan.
(Ord. No. 105,12/29/05)
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.
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.
SECTION 29-24
PAGE 106
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) 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)
Commercial Mobile Radio Service transmission facilities, structures, and/or
towers are allowed by Special Permit (Ord. No. 115,6-11-96).
D Special Provisions for Congregate Housing for Elderly and/or Permanently
Disabled
SECTION 29-24
PAGE 107
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-
24.C. below.
2. Building and Area Requirements
a. Minimum lot area:
b. Minimum lot frontage:
c. Minimum setbacks (front, rear, and side):
d. Maximum building height:
20 acres
250 feet
125 feet
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 29-26. 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)
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
SECTION 29-24
PAGE 108
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
(MHF A) or its successor's definition of low or moderate
income for family and/or individuals. (D 5.a-e. Rev. 7-20-87)
f. The maximum density allowed shall be four dwelling units
per acre. (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)
E Residential Reuse of Existing and Former Public Buildings
(Ord. No.1., 4-6-07)
1. Purpose - To provide for the productive reuse of existing or former public
buildings for residential purposes, and to provide affordable housing
opportunities for low/moderate income households.
2. Use Regulation - In any zoning district, the City Council may allow by
Special Permit the reuse of an existing or former public building, as
hereinafter defined, for residential purposes, provided that ten percent
(10%) of such allowed units are set aside for low or moderate income
tenants or owners as hereinafter defined. The Special Permit may allow a
greater number of residential units than would otherwise be permitted
under the building and area requirements applicable to the zoning district
in which such building is located. In the case of units to be owned by low
or moderate income households, such units shall contain deed restrictions
indicating that units shall sell for no more than 75% of their appraised
value at the time of sale. There shall also be a deed restriction that ensures
occupancy of the units by those of low or moderate income in perpetuity.
In the case of units to be rented, rents charged shall not exceed those
SECTION 29-24
PAGE 109
established by the Federal Department of Housing and Urban
Development for the New Hampshire/Boston PMSA.
3. Public Building Defined - For purposes of this section, "public building"
shall be defined as any building currently or formerly owned by the City
of Beverly or any of its departments, authorities, or agencies.
4. Low or Moderate Income Household - For purposes of this section, "low
or moderate income household" shall be defined as those whose annual
income falls within the income guidelines for low or moderate income as
determined by the Federal Department of Housing and Urban
Development for the New Hampshire/Boston PMSA.
5. Parking - Two (2) parking spaces shall be provided on-site for each unit.
6. Procedure - A special permit application and twelve (12) copies of a site
plan meeting the requirements of Section 29-29.C. of the Zoning
Ordinance shall be filed with the Beverly City Council and processed by
the City Council in accordance with the provisions of M.G.L. Chapter
40A, Section 9 and, to the extent practical, the rules and regulations of the
Planning Board with respect to special permits.
In reviewing a special permit application under this Section, the City
Council shall consider the conditions outlined in Section 29-28.C.2. of the
Zoning Ordinance, along with any other considerations it deems advisable
and reasonable within the parameters ofM.G.L. Chapter 40A, Section 9.
The City Council shall open a public hearing on the special permit
application and provide the applicant with initial feedback regarding the
basic elements of the proposed project, including density. Six (6) copies
of the site plan (which may be amended to reflect Council feedback) shall
then be transmitted by the City Council to the Planning Board, which shall
review the proposed site plan and provide recommendations to the City
Council for its consideration. The City Council shall not close the public
hearing on a special permit application until it has received a
recommendation from the Planning Board on the site plan, or until sixty-
five (65) days have elapsed since the plans were submitted to the Planning
Board without the submission of a recommendation. The Planning
Board's review of a site plan submitted to it by the City Council for a
project under this Section shall be deemed compliance with Section 29-
29.C., and no subsequent site plan review by the Planning Board under
Section 29-29.C. shall be necessary.
The City Council may elect to refer a special permit application or site
plan to any other board, commission, or city department for review and
comment during the course of the public hearing.
SECTION 29-24
PAGE 110
7. The prOVISIons of this Section are optional, and nothing herein shall
require the City Council to grant a Special Permit where it finds that the
proposed project's overall impact on the general area would be adversely
affected. (E 1. - 9. Rev. 5-9-88; E 1 -7 Rev., Ord. No.1, 4-6-07)
SECTION 29-24
PAGE 111
29-25 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 or physically 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
SP ACES REQUIRED
Residential uses in CC District of 1 bedroom or 1 space per residential unit
smaller
Residential units in the CC District with more 2 spaces per residential unit
than 1 bedroom, residential uses in the CG,
CN, WD, RHD, RMD, R-6, R-l 0, 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 and 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 sq. ft. of gross floor area
Auditorium, Theater, General Meeting 1 space for every 4 seats, permanent or
facilities or place thereof otherwise
Business and Professional Offices 1 space for every 250 sq. f1. of gross floor area
(Ord. No. 169,8-27-96)
Retail Trade Establishment, Personal service 1 space for every 275 sq. ft. of gross floor area
for those establishments under 10,000 sq. f1. in
gross floor area; 1 space for every 200 sq. ft. of
gross floor area for those establishments over
10,000 sq. f1. in gross floor area
Clinic or medical buildings, including medical 1 space for every 150 sq. f1. of gross floor area
offices as an accessory use in a residential
dwelling
Restaurant or similar indoor place dispensing 1 space for every 4 seats, permanent or
food, drink, or refreshment otherwise.
Schools 1 space for each 500 sq. ft. of floor space,
exclusive of basements
SECTION 29-25
PAGE 112
Wholesale and storage in enclosed buildings 1 space per 1,000 sq. ft. of 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 1 space for every 1,000 sq. ft. of the lot
devoted to the use thereon
Manufacturing, Assembly, Processing, 2.5 spaces per 1,000 sq. ft. of gross floor area
Research, Printing, and publishing (Ord. No. 169,8-27-96)
Congregate Housing for the Elderly and .75 space per unit (Ord. No. 169,8-27-96)
Permanently disabled
Marina .5 space per boat moored, docked, stored, or
trailered. Between September 15th and May
15th, up to 80% of the required parking spaces
may be used for winter storage of boats, floats,
runways, and associated equipment. On or
before May 16th, 70 percent of the required
parking spaces must be clear and available for
motor vehicle parking. By June 15th, 100
percent of the required parking spaces must be
clear and available for motor vehicle parking.
(Rev. 7-10-89 & 3-19-91) (Ord. No. 169.8-27-96; Ord. No. 207,11-6-08)
B Off-street Loading Requirements
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.
SECTION 29-25
PAGE 113
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.32. 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)
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;
SECTION 29-25
PAGE 114
(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:
a. There shall not be any motor vehicle parking within five (5)
feet of any side or rear lot line, except that this requirement
shall not apply in the WD Zoning District.
(Ord. No. 207, 11-6-08)
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, except that this requirement shall
not apply in the WD Zoning District.
(Ord. No. 207, 11-6-08)
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
SECTION 29-25
PAGE 115
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 exceed twenty-five
(25) feet in width at a street.
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.
F. Shared Parking in Lots Zoned "IR Overlay"
1. In a Mixed Use development on a lot zoned "IR Overlay" on the
official City zoning map, the number of required parking spaces
shall be as provided above in this Section 29-25, unless in
performing Site Plan Review or in acting on a Special Permit, the
Planning Board determines that a lesser number of spaces would be
adequate for all parking needs because of special circumstances such
as shared parking for uses having peak parking demands at different
times or other measures reducing parking demand.
2. When considering shared parking, the following method will be used
to determine the appropriate parking requirements. Multiply the
minimum parking requirement for each individual use, as set forth in
Section 29-25, by the listed percentage, as set forth below in the
SECTION 29-25
PAGE 116
Schedule of Parking Occupancy Rates, for each of the five
designated time periods and then add the resulting sums from each
vertical column. The column total having the highest total value is
the minimum shared parking space requirement for that combination
of land uses.
3. Schedule of Parking Occupancy Rates
Night Day
Midnight to 7:00 a.m. to
7:00 a.m. 6:00
100% 60%
100%
5% 100%
5% 0%
70% 70%
10% 50%
with 10% 50%
m, Theater 10% 40%
001, Day-care facilities 5% 100%
All other 100% 100%
10%
10%
100%
10%
100%
10% 5%
10% 5%
100% 70%
70% 100%
50% 100%
50% 60%
0% 100%
20% 5%
100% 100%
4. Prior to issuance of an Occupancy Permit for shared parking, the
owner(s) of a Mixed Use development shall have in their possession
and readily available for review by the Building Commissioner a
reciprocal agreement executed by the owners and operators of the
different sources or uses in the development ensuring the long term
joint use of such shared parking, and defining the terms upon which
the parking is shared.
In the event that the conditions (such as a change in use) for shared
parking change, or if the shared parking arrangement is discontinued,
the owner(s) shall notify the Building Commissioner within 10 days
of such change or discontinuance. If the Building Commissioner
determines that a modification of the Special Permit is required and
the owner(s) fails to apply to the Planning Board for such
modification within sixty (60) days of such determination, or if
modification of the Special Permit is not granted by the Planning
SECTION 29-25
PAGE 117
Board within ninety (90) days of application therefore, then the
Building Commissioner shall require the owner(s) to comply with all
applicable parking requirements.
Noncompliance with this section may result in the revocation of
Occupancy Permits for the violating uses.
(Ord. No. 230,2-19-09)
SECTION 29-25
PAGE 118
29-26 SIGNS
(Ord. No. 59, 5-29-03)
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.
(Paragraph deleted by Ord. No. 206, 12-29-05)
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 subj ect to regulation under this Ordinance.
SECTION 29-26
PAGE 119
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 47(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.
SECTION 29-26
PAGE 120
8. In the case of any inconsistencies among the provisions of this Section
29-26, the most restrictive provisions shall apply.
B Specific standards by zoning district:
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 fa<;ade 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 fa<;ade between 30 feet and
40 feet: 30 square feet;
(iii) For businesses where the primary fa<;ade 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 fa<;ade, 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 fa<;ade
(that is, the length of the primary fa<;ade 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 fa<;ade
(that is, the length of the primary fa<;ade 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 fa<;ade
SECTION 29-26
PAGE 121
(that is, the length of the primary fa<;ade expressed
as a square footage number).
For example, if the primary fa<;ade 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 fa<;ade) == 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 fa<;ade
(that is, the length of the primary facade expressed
as a square footage number).
For example, if the primary fa<;ade of this building is
also 50 feet long, then the sign could be no larger
than 100 square feet. [100 s.f. (2 x 50, the length of
the primary fa<;ade) == 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
SECTION 29-26
PAGE 122
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 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 often (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:
SECTION 29-26
PAGE 123
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 fa<;ade 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 29-26.C, 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
SECTION 29-26
PAGE 124
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 29-26.C.13)
g. Residential Proiect 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.
h. Proiecting Signs: Projecting signs shall project no more than
four (4) feet from the fa<;ade of a building. Only one (1)
projecting sign no larger than seven (7) square feet may be
erected per business. Mounting hardware shall be placed to
minimize its view from the sidewalk. Business owners shall be
encouraged to mount a projecting sign so the top of the sign is
no more than fifteen (15) feet above the sidewalk, and the
bottom of the sign is no less than nine (9) feet above the
sidewalk. Projecting signs shall not be internally illuminated.
(Ord. No. 161,6-24-04; Ord. No. 206, 12-29-05)
1. Sandwich Board Signs: One (1) sign not exceeding two (2) feet
in width and three and one half (3 ~) feet in height may be
permitted within the sidewalk/grass strip of a public right of way
or on private property provided the following requirements are
met:
1. The sign is located in front of, and within twelve (12) feet
of the main entrance to the establishment it advertises;
2. Placement of the sign allows a minimum of thirty-six (36)
inches of unobstructed sidewalk clearance between it and
any building or other obstruction;
3. The sign must be free-standing and shall not be affixed,
chained, anchored, or otherwise secured to the ground or to
any pole, parking meter, tree, tree grate, fire hydrant,
railing, or other structure;
SECTION 29-26
PAGE 125
4. The sign must be internally weighted so that it is stable and
windproof;
5. The sign is placed within the public right of way only
during the hours of the establishment's operation;
6. No sign shall be placed in a public right of way for the
duration of a declared snow emergency;
7. The design of the sign (which includes the color, lettering
style, symbols and material) shall complement and be
compatible with the design of the establishment's primary
sign(s), abutting properties, and the general streetscape in
the immediate vicinity of the establishment;
8. The City Council issues a permit to allow the sign in
accordance with Section 12-273 of the City's Revised
Ordinances; and
a. Adequate liability insurance is provided to the City
Clerk and remains in effect for the duration of the
permit issued by the City Council.
(Ord. No. 57, 6-20-07)
2. Signs permitted in any CN., HD., or WD district:
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 fa<;ade.
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
SECTION 29-26
PAGE 126
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, 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 sq. ft. 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:
SECTION 29-26
PAGE 127
(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 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 fa<;ade 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 29-26.C.,
SECTION 29-26
PAGE 128
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 29-26.C.13).
g. Residential Proiect 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.
h. Proiecting Signs: Projecting signs shall project no more than four
(4) feet from the fa<;ade of a building. Only one (1) projecting
sign no larger than seven (7) square feet may be erected per
business. Mounting hardware shall be placed to minimize its
view from the sidewalk. Business owners shall be encouraged to
mount a projecting sign so the top of the sign is no more than
fifteen (15) feet above the sidewalk, and the bottom of the sign is
no less than nine (9) feet above the sidewalk. Projecting signs
shall not be internally illuminated. (Ord. No. 161, 6-24-04; Ord.
No. 206; 12-29-05)
1. Sandwich Board Signs. One (1) sign not exceeding two (2) feet
in width and three and one half (3 ~) feet in height may be
permitted within the sidewalk/grass strip of a public right of way
or on private property provided the following requirements are
met:
1. The sign is located in front of, and within twelve (12) feet
of the main entrance to the establishment it advertises;
SECTION 29-26
PAGE 129
2. Placement of the sign allows a minimum of thirty-six (36)
inches of unobstructed sidewalk clearance between it and
any building or other obstruction;
3. The sign must be free-standing and shall not be affixed,
chained, anchored, or otherwise secured to the ground or to
any pole, parking meter, tree, tree grate, fire hydrant,
railing, or other structure;
4. The sign must be internally weighted so that it is stable and
windproof;
5 The sign is placed within the public right of way only
during the hours of the establishment's operation;
6. No sign shall be placed in a public right of way for the
duration of a declared snow emergency;
7. The design of the sign (which includes the color, lettering
style, symbols and material) shall complement and be
compatible with the design of the establishment's primary
sign(s), abutting properties, and the general streetscape in
the immediate vicinity of the establishment;
8. The City Council issues a permit to allow the sign in
accordance with Section 12-273 of the City's Revised
Ordinances; and
a. Adequate liability insurance is provided to the City
Clerk and remains in effect for the duration of the
permit issued by the City Council.
(Ord. No. 57, 6-20-07)
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 29-26.
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.
SECTION 29-26
PAGE 130
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.
Temporary signs announcing an "open house" event for the prospective
sale or lease of a property are allowed, provided such signs are erected no
more than three (3) hours prior to commencement of the event and are
removed within one (1) hour of the close of the event, and provided that
no more than three (3) such signs shall be erected for anyone event.
"Open House" event signs are allowed off-premises, subject to the
provisions of this paragraph;
(Ord. No. 57, 6-20-07)
SECTION 29-26
PAGE 131
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) 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.
SECTION 29-26
PAGE 132
7. Any portable sign (except a sandwich board 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.
(Ord. No. 57, 6-20-07)
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 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 29-26.C. 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.
SECTION 29-26
PAGE 133
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. 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 29-26.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.
SECTION 29-26
PAGE 134
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.
With the exception of Section 29-26.C.11., 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. Violations of Section 29-26.C.11.
shall be punishable by a warning for the first offense and a $100 fine for
the second and subsequent offenses, with each day of violation
constituting a separate offense.
(Ord. No. 57, 6-20-07)
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. (Ord. No. 59,
5-29-03)
SECTION 29-26
PAGE 135
29-27 NON-CONFORMING USES AND STRUCTURES
(Ord. No. 206, 12-29-05)
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,
extension, or 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.
B Discontinuance of Non-Conforming Use
Where the non-conforming use of 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 Nonconformity and Reconstruction after Involuntary Destruction and after
V oluntary Demolition
1. Nonconformity and Reconstruction after Involuntary Destruction
BY RIGHT - Any lawful single family or two-family residential structure
which is destroyed or damaged in whole or in part by explosion, collapse,
fire, storm, natural disaster or other catastrophic event beyond the control
of the owner may be reconstructed by right within two years, subject to
two prerequisites: (a) provided that such reconstruction does not increase
the non-conforming nature of said structure (e.g. no increase in the site
coverage, gross floor area, building volume, or degree of non-conformity)
and (b) the single or two-family residential use of the structure shall either
not have been (i) discontinued within two (2) years from the date such
destruction or damage or (ii) abandoned. Discontinuance and
abandonment are different determinations. Whether abandonment has
occurred is based on the intent of the owner and shall be determined by the
actions or inactions of the owner. (G.L. Chapter 40A S6).
SECTION 29-27
PAGE 136
BY FINDING - In all other instances, the Board of Appeals may grant a
FINDING for the reconstruction of a non-conforming use, structure,
building, sign, or other nonconforming situation which is destroyed or
damaged in whole or in part by explosion, collapse, fire, storm, natural
disaster, or other catastrophic event beyond the control of the owner,
within two (2) years from the date of such destruction or damage,
provided the Board of Appeals determines that:
a. There is an increase of no more than twenty five percent (25%) in
the site coverage, the gross floor area, the building volume or the
degree of non-conformity;
b. The reconstruction conforms to the current requirements of this
Ordinance to the maximum extent practicable. The Board of
Appeals shall consider the (i) opinion of the Building Inspector in
making this determination and (ii) extreme site conditions (such as
steep grades, the presence of ledge or other unsuitable soil
conditions), economic considerations, and the shape and
configuration of the lot.
2. Nonconformity and Reconstruction after Voluntary Demolition
BY RIGHT - Any lawful single family or two-family residential structure
which is destroyed or damaged in whole or in part by the voluntary action
of the owner may be reconstructed by right within two (2) years from the
date of such destruction or damage, subject to two prerequisites: (a)
provided that such reconstruction does not increase the non-conforming
nature of said structure (e.g. no increase in the site coverage, gross floor
area, building volume, or degree of non-conformity) and (b) the single or
two-family residential use of the structure shall either not have been (i)
discontinued within two (2) years from the date such destruction or
damage or (ii) abandoned. Discontinuance and abandonment are different
determinations. Whether abandonment has occurred is based on the intent
of the owner and shall be determined by the actions or inactions of the
owner. (G.L. Chapter 40A S6).
BY FINDING - In all other instances the Board of Appeals may grant a
FINDING for the reconstruction of a non-conforming use, structure,
building, sign, or other nonconforming situation which is destroyed or
damaged in whole or in part by the voluntary action of the owner within
two (2) years from the date of such damage or destruction provided the
Board of Appeals determines that:
a. There is an increase of no more than ten percent (10%) in the site
coverage, the gross floor area, the building volume or the degree of
non-conformity;
SECTION 29-27
PAGE 137
b. The reconstruction conforms to the current requirements of this
Ordinance to the maximum extent practicable. The Board of
Appeals shall consider the (i) opinion of the Building Inspector in
making this determination and (ii) extreme site conditions (such as
steep grades, the presence of ledge or other unsuitable soil
conditions), economic considerations, and the shape and
configuration of the lot.
c. The proposed reconstruction/use is not substantially more
detrimental to the neighborhood than the previous existing
nonconforming structure/use.
(Ord. No. 170, 1-2-07)
D Change to Non-Conforming One and Two-Family Structures or Uses
Pre-existing non-conforming one- and two-family structures or uses may be
extended or altered, provided, that no such extension or alteration shall be
permitted unless there is a finding by the Zoning Board of Appeals that such
change, extension or alteration shall not be substantially more detrimental than
the existing non-conforming structure or use to the neighborhood and shall not
create a new non-conformity.
E. Changes to Non-Conforming Structures or Uses Other Than One- or Two-
Family Structures or Uses
Pre-existing non-conforming structures or uses other than one- or two-family
structures or uses provided for in Section 29-27.D. may be extended or altered,
provided, that no such extension or alteration shall be permitted unless there is
a finding by the Zoning Board of Appeals that such change, extension, or
alteration shall not be substantially more detrimental than the existing non-
conforming structure or use to the neighborhood and provided, that there is a
finding by the Zoning Board of Appeals that the structure or 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 structure or 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. (Ord. No. 206, 12-29-05)
SECTION 29-27
PAGE 138
29-28 BOARD OF APPEALS
(Ord. No. 35,6-11-07)
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, or modify 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 whether the member was absent or failed to vote:
the reason or reasons for the Board's decision; and the official action
taken.
SECTION 29-28
PAGE 139
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 and Planning Board 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 29-29.c.
for procedures and filing requirements. (Rev. 7-1-92)
4. In granting approval of an application for a Special Permit use, the
Special Permit granting authority may attach all reasonable and
necessary conditions to assure that the uses of surrounding properties
SECTION 29-28
PAGE 140
are adequately safeguarded 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.
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.
SECTION 29-28
PAGE 141
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.
e. The applicant shall authorize the City to use the 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.
SECTION 29-28
PAGE 142
f. Temporary use permits shall be granted for a period not to
exceed five (5) years and may be 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.
(Ord. No. 35,6-11-07)
SECTION 29-28
PAGE 143
29-29 ADMINISTRATION AND ENFORCEMENT
(Ord. No. 35,6-11-07)
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.
SECTION 29-29
PAGE 144
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.
In addition, any project granted a Special Permit for additional
building height by the Planning Board in accordance with Section 29-
17.D.2, 3, or 5 shall be subject to site plan review.
TABLE I: NEW CONSTRUCTION
Zoning Classification
Building Size Requiring Site Plan Review
IG
IR
CG
CC
CN
WD
HD
Multi-family
5,000 sq. ft. (Rev. 7-1-92)
25,000 sq. ft. or more than one (1) structure on a lot
Lot coverage over 65%
1,000 sq. ft.
1,000 sq. ft.
1,000 sq. ft. (Rev. 7-1-92)
5,000 sq. ft. (Rev. 7-1-92)
Over ten (10) units; more than two (2) townhouses
or similar building type on a single lot
TABLE II: EXPANSION CONSTRUCTION
Zoning Classification
Percent Increase in Gross Square
Footage Requiring Site Plan Review
IG-zoned buildings over 10,000 sq. ft.
IR-zoned buildings over 25,000 sq. ft. or more
than one structure on a lot
CG-zoned buildings with total lot coverage
exceeding 65%
CC-zoned buildings over 1,000 sq. ft.
30%
30%
1%
40%
SECTION 29-29
PAGE 145
CN-zoned buildings over 1,000 sq. ft. 40%
WD-zoned buildings over 5,000 sq. ft.
HD-zoned buildings over 5,000 sq. ft.
Multi-family buildings over ten (10) units, or 20%
more than two (2) townhouses or similar
building type on a lot
20% (Rev. 7-1-92)
20% (Rev. 7-1-92)
2. Procedure - Applicants shall submit to the Planning Board ten (10)
copies of an application for site plan review and ten (10) sets of plans,
size 24" x 36". The applicant shall also submit ten (10) sets of plans,
size 11" x 1 7". The applicant shall also file one (1) copy of the site
plan review application with the City Clerk.
(Ord. No. 49, 4-9-08)
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;
b. A filing fee of $35 per 1,000 s.f. gross floor area (min. of
$350, max of $5,000) for site plan review; or $350 for a
modification of site plan review; and
(Ord. No. 49, 4-9-08)
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
SECTION 29-29
PAGE 146
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;
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), and
design plans and specifications/information for HV AC
equipment and other noise emitting equipment proposed on
the roof of the building(s) or elsewhere on site;
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 snow
SECTION 29-29
PAGE 147
removal plans for the property post construction, 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;
1. 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, shadow 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.
4. Modification to Approved Site Plan - Subsequent to a site plan
granted by the Planning Board pursuant to this section, minor
modifications to the site plan may be made from time to time in
accordance with applicable City ordinances and regulations. The
development approved under such site plan shall otherwise be in
accordance with the approved plans and such conditions, as may be
included, in the decision of the Planning Board. The developer shall
notify the Planning Board in writing well in advance of any such
modification, which shall not be effective until approved by vote of the
Planning Board. The developer shall also submit a plan depicting such
modification. Should the Planning Board determine that such
revisions are not minor, it shall order that an application for a
modification of site plan be filed and a public hearing be held in the
same manner as set forth in Section 29-29.C.
(Ord. No. 49, 4-9-08)
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 imposed by the Board of Appeals
SECTION 29-29
PAGE 148
or the Planning Board in granting a variance, Special Permit, or site
plan review, or any planes) specifically cited in either Board's
approval(s), shall cause the violator to 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. In addition,
the Building Inspector may elect to withhold occupancy permits until
any such failure is remedied to the respective board's satisfaction.
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 29-29.D.l.
of this Ordinance.
(Ord. No. 35,6-11-07)
SECTION 29-29
PAGE 149
29-30 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.
SECTION 29-30
PAGE 150
29-31 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
SECTION 29-31
PAGE 151
includes flood profiles, water surface elevations of the base flood, and
the flood boundary/floodway map.
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
SECTION 29-31
PAGE 152
Maps and Flood Boundary and Floodway Map. Application
for a 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.
SECTION 29-31
PAGE 153
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 41 A 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. 73,51',36"
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 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
SECTION 29-31
PAGE 154
R-45/R-10 zoning district boundary line then following said zoning
district 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 in a 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 in a southeasterly
direction down the centerline of Wood Lane, under Route 128, to the
intersection of Wood Lane and Boulder Lane; then running in an
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, subiect to the provisions of Section VI below., and subiect
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;
SECTION 29-31
PAGE 155
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 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:
SECTION 29-31
PAGE 156
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 "A"
submittal, use and/or dimensional variance appeal, or additional Special
Permit application) are necessary.)
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
SECTION 29-31
PAGE 157
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 (Ord. No.11, 1-17-
95); and
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 21 C, 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;
1. outdoor storage of fertilizers, herbicides, and pesticides, and
outdoor uncovered storage of manure;
J. animal feedlots;
k. dry cleaning establishments;
I. 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)
o. natural resource mining or commercial sand and gravel
operation.
SECTION 29-31
PAGE 158
D. IR OVERLAY DISTRICT
The IR Overlay district is established to provide principally for mixed use
commercial development within the IR district. See Section 29-19.
(Ord. No. 230,2-19-09)
SECTION 29-31
PAGE 159
29-32 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.
SECTION 29-32
PAGE 160
29-33 MUNICIPAL OPEN SPACE AND RECREATION DISTRICT
(Ord. No.1 09, 6-28-99)
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:
SECTION 29-33
PAGE 161
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:
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. 21 C, as may be amended.
d. storage of materials or equipment, except when necessary
to permitted activities above. (Ord. No.1 09, 6-28-99)
SECTION 29-33
PAGE 162
29-34 INCLUSION OF AFFORDABLE HOUSING
(Ord. No. 103,7-17-07)
A. Purposes and Intent
1. To provide affordable housing choices throughout the City, in
furtherance of the housing goals of the City of Beverly Master Plan
and the City of Beverly Affordable Housing Plan.
2. To provide for a diverse, balanced and inclusive community, with
housing for persons of all income levels as a matter of basic fairness
and social responsibility.
3. To assure that affordable housing is made available on an equal basis
to all eligible households without regard to race, religion, age, sex or
other class status as defined in the federal Fair Housing Act of 1968, as
amended.
4. To encourage the inclusion of affordable housing in all new residential
and mixed-use developments.
B. Applicability
1. This Section applies to any development that results in or contains ten
(10) or more residential dwelling units. The types of development
subject to the provisions of this Section include, without limitation, the
following:
a. A division of land resulting in the creation of ten or more
residential lots. Developments shall not be segmented to avoid
compliance with this Section. "Segmentation" shall mean divisions
of land that would cumulatively result in an increase of ten (10) or
more residential lots above the number existing on a parcel of land
or contiguous parcels in common ownership or control twenty-four
months prior to the application. Where such segmentation occurs,
it shall be subject to Section 29-34.1. A subdivision or division of
land shall mean any subdivision as defined in the Subdivision
Control Law, Chapter 41, Sections 81K-81GG of the
Massachusetts General Laws, or any division of land under
Chapter 41, Section 81 P of the Massachusetts General Laws, when
such division of land results in lots for residential use.
b. New residential construction or new mixed-use construction that
includes ten (10) or more dwelling units.
c. A development of 10 (10) or more new dwelling units that
involves the redevelopment, reconstruction or rehabilitation of an
existing multi-family building or structure, if such development
results in an increase of ten or more units in the number of
dwelling units in the original structure.
SECTION 29-34
PAGE 163
d. A development that will change the use of an existing building
from non-residential to residential use.
2. This Section does not apply to the rehabilitation of any building or
structure wholly or substantially destroyed or damaged by fire or other
casualty; provided, however, that no rehabilitation nor repair shall
increase the number of dwelling units on the lot as existed prior to the
damage or destruction thereof, except in conformance with this
Section.
3. Any other development with dwelling units to which this Section does
not otherwise apply may elect to be subject to this Section, provided
the development meets all applicable requirements herein. Special
permits authorized under this Section for developments with ten (10)
or more dwelling units may also be granted to any other development
with dwelling units, in the discretion of the Planning Board.
c. Housing Affordability
1. Except as provided below, each affordable unit created under this
Section shall be sold or rented to a household with income at or below
80% of the area median income that applies to subsidized housing in
the City of Beverly, as reported annually by the u.S. Department of
Housing and Urban Development (HUD), adjusted for household size.
2. When an applicant provides at least one-half of the required affordable
units for households with income at or below 50% of area median
income, the remaining affordable units may be sold or rented to
households with incomes up to 100% of area median income, adjusted
for household size, subject to approval by the Planning Board.
D. Planning Board Regulations
The Planning Board shall adopt Affordable Housing Regulations to administer
this Section and may from time to time revise said regulations, following a
public hearing for which notice has been given in accordance with Chapter
40A, Section 11 of the Massachusetts General Laws.
E. Minimum Percentage of Affordable Units
In any development subject to this Section, at least twelve percent (12%) of
the dwelling units shall be affordable housing. In the instance of a fraction, a
fraction of a lot or dwelling unit shall be rounded up to the nearest whole
number. Nothing in this section shall preclude a developer from providing
more affordable housing units than required hereunder.
F. Location and Comparability of Affordable Units
1. Affordable units shall be dispersed throughout a development and be
comparable to market-rate units in exterior building materials and
finishes; overall construction quality; and energy efficiency. Interior
SECTION 29-34
PAGE 164
finishes shall be in accordance with the Planning Board's Affordable
Housing Regulations.
2. Affordable units in two-family, semi-detached and multi-family
dwellings shall generally be similar in size (in gross floor area) to
market-rate units of the same type; provided, however, that the gross
floor area of the affordable units shall not be less than the minimum
floor area required by the Department of Housing and Community
Development (DHCD) for units eligible for the Subsidized Housing
Inventory as Local Initiative Program (LIP) units.
3. For a development of detached one-family dwellings in a zoning
district in which said dwellings are permitted as of right, the following
shall apply:
a. Affordable detached one-family dwellings may be smaller than
market-rate dwellings, but in no event shall the gross floor area of
any affordable unit be less than the minimum floor area required
under the regulations or guidelines of the Local Initiative Program
except by Special Permit from the Planning Board.
b. Alternatively, up to 20% of the units may be in two-family, semi-
detached or multi-family dwellings of not more than three units,
and all or a majority of the required affordable units may be
located in said dwellings; provided, however, that the units shall
conform to the Planning Board's Affordable Housing Regulations
and shall not be concentrated in one part of the development.
4. In a development of multi-family units, affordable units shall be
dispersed throughout the buildings and the floors of each building,
such that no single building or floor therein has a disproportionate
percentage of affordable units.
5. In a development of homeownership units, the affordable units may be
restricted for occupancy by eligible homebuyers or renters, or sold to
non-profit organizations or public agencies that provide and manage
rental housing to low- or moderate-income households.
G. Methods of Providing Affordable Units
1. Construction of affordable units on the locus of the development ("on-
site units") shall be permitted as of right in any development, and is
the preferred method of providing affordable units under this Section.
2. The Planning Board may grant a Special Permit for one or more of the
following alternative methods, including any combination thereof. In
granting a Special Permit hereunder, the Planning Board may impose
any conditions it deems necessary to assure compliance with this
Section:
a. "Off-site units," or the provision of comparable affordable units on
another site in the City of Beverly, subject to Site Plan Review
SECTION 29-34
PAGE 165
under Section 29-29(C) or Subsection I of this Section, as
applicable. Off-site units need not be located in the same zoning
district as the development.
b. Payment of a fee in lieu of affordable units to the City of Beverly
Affordable Housing Trust Fund. This provision shall apply only to
developments of homeownership units. The fee per affordable unit
shall be determined by Planning Board regulation in accordance
with Subsection D above.
c. Donation of developable land in the City of Beverly to the Beverly
Housing Authority, the Beverly Affordable Housing Coalition, Inc.
or a comparable entity determined at the discretion of the Planning
Board, provided the receiving organization agrees in writing to
accept the land and the applicant demonstrates to the Planning
Board's satisfaction that said land is developable for an equivalent
number of affordable units in conformance with the Beverly
Zoning Ordinance. This provision shall apply only to
developments of homeownership units. Donated land need not be
located in the same zoning district as the development, and shall be
subject to a deed restriction limiting its use to mixed-income or
affordable housing.
3. In the R6, RMD, RHD, RSD, CN, CC or CG district, if the developer
provides a greater number of affordable units on site than the
minimum required to comply with Subsection E above, the Planning
Board may grant a Special Permit for "credit units" to reduce the
number of affordable units that must be provided under this Section in
another development in a different location, whether in the same
zoning district or a different zoning district. The developer may apply
the credit units to a future project or transfer the credits in writing to
another developer, provided that the credit units are used within ten
(10) years from the effective date of the Special Permit.
H. Dimensional and Density Regulations for On-Site Units
1. The following dimensional and density regulations shall apply to any
development that provides all of the required affordable units as on-
site units; provided, however, that for purposes of determining a
development's base maximum density and required percentage of
affordable units under Subsection E above, the Building and Area
Requirements set forth in Section 29- 7 (D) through Section 29-16(D)
shall apply.
a. In the R-90, R-45, R-22, R-15 or R-10 district, for each on-site
affordable unit, the applicant may propose one additional dwelling
unit over that which would otherwise be permitted in the district.
The minimum lot area for any lot in the development shall be not
less than 85% of the minimum lot area in Section 29-7(D) through
Section 29-11 (D), as applicable.
SECTION 29-34
PAGE 166
b. In the R-6 district, for each on-site affordable unit, the applicant
may propose one additional dwelling unit over that which would
otherwise be permitted, except that if the development includes
two-family or semi-detached units and the required percentage of
affordable units results in an odd number, the applicant may
propose an additional unit in order to build an even number of
units. The minimum lot area shall be not less than 85% of the
minimum lot area for a detached one-family dwelling, nor less than
80% of the minimum lot area for a two-family or semi-detached
dwelling, as set forth in Section 29-12(D).
c. In the RMD, RHD and RSD districts, for each on-site affordable
unit, the applicant may propose two additional dwelling units over
the number of units that would otherwise be permitted in the
district. The minimum lot area shall be not less than 85% of the
minimum lot area for a detached one-family dwelling, nor less than
80% of the minimum lot area per unit for a two-family or semi-
detached dwelling, nor less than 70% of the minimum lot area per
unit for a multi-family unit, as set forth in Section 29-13(D)
through Section 29-15(D), as applicable.
d. In the CN district, for each on-site affordable unit, the applicant
may propose two additional dwelling units over the number of
units that would otherwise be permitted in the least restrictive
adjacent residential district. The minimum lot area shall be in
accordance with (a) through (c) above, as applicable.
2. The Planning Board may grant a Special Permit to increase the total
number of units for any development that provides at least fifty
percent (50%) of the required affordable housing units on site and the
balance of such units off site, or to waive any other dimensional or
density requirements in the applicable zoning district(s) when doing so
furthers the purposes of this Section and is not inconsistent with the
City of Beverly Master Plan; provided that no Special Permit granted
hereunder shall result in a total number of dwelling units exceeding the
maximum number allowable under Subsection H(l) above, and
provided further that neither the maximum building height nor the
number of required off-street parking spaces may be varied or waived
by the Planning Board.
3. The applicability of Site Plan Review under Section 29-29(C) shall be
based on the maximum number of dwelling units allowable in
accordance with Building and Area Requirements for the applicable
zoning district. When a development of multi-family or townhouse
units would not be subject to said Section 29-29(C) except for the
provision of on-site affordable units under Subsection H(l) above, Site
Plan Review shall be conducted in accordance with Subsection 1(3)
below.
SECTION 29-34
PAGE 167
I. Submission Requirements and Procedures for On-Site and Off-Site Units
1. No building permit shall be issued until the Planning Board has
reviewed and acted upon a site plan submitted by the applicant in
accordance with this Section.
2. A development that is subject to Site Plan Review under Section 29-
29(C) or 29-24(B) of this Ordinance shall be reviewed in accordance
with the provisions of said Sections. The Planning Board may request
information in addition to the required site plan contents in Section 29-
29(C)(3) or 29-24(B), and impose conditions on its approval of the site
plan to assure that the development complies with Subsections E, F, G
and H above.
3. For a development that is not subject to Section 29-29(C) or 29-24(B),
the applicant shall submit a site plan that conforms to the application
requirements set forth in Section 29-29(C)(3) and the Planning
Board's Affordable Housing Regulations.
a. The Planning Board shall conduct an administrative review of the
site plan at a posted open meeting, and may refer the plan to the
Design Review Board for comments and recommendations.
b. The Planning Board shall take final action on the site plan within
35 days of the date of the open meeting, and may impose
conditions on its approval of the site plan to assure that the
development complies with Subsections C, D, E and F above.
Failure of the Planning Board to act within 35 days of the open
meeting 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.
c. For a development that constitutes a subdivision under Chapter 41,
Section 81K-81GG of the Massachusetts General Laws, site plan
review may be extended by written agreement of the applicant and
Planning Board for purposes of coordinating the review and
decision periods of this Section and the Subdivision Control Law.
J. Submission Requirements and Procedures for Special Permit
For any development that requires a Special Permit under this Section, the
Planning Board shall be the Special Permit Granting Authority. Application,
review and decision procedures shall be in accordance with Section 29-28(C)
and the Planning Board's Affordable Housing Regulations.
K. Phased Construction
Affordable units shall be constructed or otherwise provided in proportion to
market-rate units. Proportionality shall be determined by the number of
building or occupancy permits issued for affordable and market-rate units, or
lot releases, as applicable. Affordable units shall not be the last units to be
built in any development covered by this Section.
SECTION 29-34
PAGE 168
L. Selection of Affordable Unit Purchasers or Renters
The selection of purchasers or renters for affordable units shall be carried out
under an affirmative marketing plan approved by the City Planning Director
prior to the issuance of any building permits for the development.
M. Preservation of Affordability
1. Affordable units provided under this Section shall be subject to an
affordable housing restriction that contains limitations on use,
occupancy, resale and rents, and provides for periodic monitoring to
verify compliance with and enforce said restriction. The affordable
housing restriction shall run with the land and be in force in perpetuity
or for the maximum period allowed by law, and be enforceable under
the provisions of Chapter 184, Section 26 or Sections 31-32 of the
Massachusetts General Laws.
2. The applicant shall be responsible for preparing and complying with
any documentation that may be required by DHCD to qualify
affordable units for listing on the Chapter 40B Subsidized Housing
Inventory as LIP units.
3. For a development that provides on-site or off-site affordable units:
a. No building permit shall be issued until the applicant executes an
enforceable agreement with the City and provides evidence
acceptable to the Planning Director that the agreement has been
recorded at the Essex County Registry of Deeds.
b. For an affordable homeownership unit, no certificate of occupancy
shall be issued until the applicant submits documentation
acceptable to the Planning Director that an affordable housing deed
rider has been signed by the homebuyer and recorded at the Essex
County Registry of Deeds.
4. For a development that provides affordable units through a fee in lieu
of units, no building permit shall be issued until the applicant pays at
least five percent (5%) of the total required fee to the Beverly
Affordable Housing Trust Fund. Additionally, no more than fifty
percent (50%) of the certificates of occupancy shall be issued until the
applicant pays at least 50% of the total required fee to the Beverly
Affordable Housing Trust Fund. 10% of the total number of
certificates of occupancy shall be withheld until the applicant submits
evidence acceptable to the Planning Director that the remaining
balance has been paid to the Affordable Housing Trust Fund. The
Planning Board may modify the schedule for fee payment for projects
covered by a single occupancy permit.
5. For a development that provides affordable units through a land
donation, no building permits shall be issued until the applicant
SECTION 29-34
PAGE 169
submits evidence acceptable to the Planning Director that the land has
been conveyed to the receiving organization identified in the Planning
Board's Special Permit and an affordable housing restriction has been
recorded at the Essex County Registry of Deeds.
N. Severability
If any portion of this Ordinance is declared to be invalid, the remainder shall
continue to be in full force and effect.
SECTION 29-34
PAGE 170
A
accessory apartments ........................2, 106
accessory buildings .......................4, 28, 29
administration, enforcement ................. 144
affordable housing restriction................... 2
affordable housing unit............................. 2
airport approach zone.................... 2, 18, 19
airport hazard ............................................ 3
animal feedlot............................................ 3
antennae and towers................................ 27
aquifer....................................................... 3
Area Median Income (AMI) ..................... 3
area, lot width, yards............................... 19
auto body shop.......................................... 3
B
basement ................................................... 3
bed and breakfast establishment............... 3
Beverly Land Use Schedule...................... ii
board of appeals................................ 3, 139
building..................................................... 3
c
CC ........................................................... 56
ce liar. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
CG ........................................................... 62
CN ........................................................... 53
commercial vehicle................................... 4
common permitted uses.......................... 28
comprehensive plan.................................. 4
congregate housing ........................... 4, 107
construction............................................... 4
corner clearance...................................... 20
co rni c e . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
coverage.................................................... 4
D
definitions................................................. 2
design review board................................ 25
domestic employee.................................... 4
d we lling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4
dwelling unit............................................. 5
INDEX
dwelling, multi-family.............................. 5
dwelling, multiple group........................... 5
dwelling, one-family or single-family...... 5
dwelling, semi -detached........................... 5
dwelling, two-family................................. 5
E
elderly....................................................... 5
exempted uses......................................... 28
F
family ........................................................ 5
fast-food restaurant ................................... 6
floodplain overlay district..................... 151
floor area ratio........................................... 6
floor area, gross......................................... 6
floricultural activities.............................. 26
frontage..................................................... 6
frontage, lineal.......................................... 8
G
gasoline station.......................................... 7
general provisions................................... 18
groundwater.............................................. 7
H
HD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 73
he i gh t. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
height exceptions.................................... 19
historic district...................................... 153
home occupation....................................... 7
home professional office........................... 7
horticultural activities............................. 26
I
I G ............................................................ 69
impervious surface.................................... 8
inclusion of affordable housing ............ 163
IR. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 65
IR Overlay District.......................... 65, 159
L
leachable wastes........................................ 8
lineal frontage........................................... 8
loading requirements............................. 112
Local Initiative Program........................... 8
lot.............................................................. 8
lot width, area, yards............................... 19
lot, area...................................................... 8
lot, corner.................................................. 9
lot, non-conforming.................................. 9
lot, width................................................... 9
low-or moderate income household.......... 9
M
major recreational equipment ................... 9
market-rate housing .................................. 9
maximum affordable purchase price or rent
............................................................... 9
mean. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 0
mining of land ......................................... 10
mixed use ................................................ 1 0
mobile home............................................ 10
mob i I e h 0 m e park................................... 1 0
municipal open space and recreation
di stri ct ............................................... 161
N
non-conforming....... .............................. 136
o
obstruction - air navigation ..................... 18
open space residential design.................. 88
overlay districts....................................... 16
p
parking requirements............................ 112
planned residential development............. 86
planning board........................................ 10
pork chop shaped lots.............................. 20
primary facade........................................ 10
private passenger motor vehicle.............. 10
public building, residential reuse .......... 109
public open space.................................... 10
public recreational boating facility ......... 10
purpose - zoning ordinance....................... 1
R
R-1 0......................................................... 38
R-15......................................................... 36
R - 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 34
R -45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 32
R -6........................................................... 40
R - 90......................................................... 30
recharge areas.......................................... 11
removal of sod, loam, and gravel............ 24
residential reuse of public buildings..... 109
RHD ........................................................ 45
RMD ....................................................... 42
RS D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 49
s
screening ................................................. 11
setback..................................................... 11
severability.............................................. 20
shared parking................................. 11, 116
sign definitions........................................ 11
signs ...................................................... 119
site plan review..................................... 145
solar access.............................................. 23
solid wastes............................................. 14
story......................................................... 14
structure. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
subsidized elderly housing...................... 14
subsidized housing inventory.................. 14
swimming pools...................................... 29
T
Table of Dimensional Requirements ....... iii
tennis courts............................................ 29
towers and antennae ................................27
u
undersized lots of record......................... 18
use ........................................................... 14
use, accessory.......................................... 14
use, non-conforming............................... 14
use, principal........................................... 14
used car sales........................................... 15
V
validity.................................................. 160
w
watershed protection overlay district .... 154
WD .......................................................... 75
WDR ....................................................... 81
wind energy conversion.......................... 22
y
yard ......................................................... 15
yard, front................................................ 15
yard, rear................................................. 15
yard, side................................................. 15
yards, area, lot width............................... 19
Z
zoning district map.................................. 17
zoning district map interpretation ........... 17