The URL can be used to link to this page

Zoning Ordinances 2015-06ZONING ORDINANCE= CHAPTER XXXVHI with AMENDMENTS THROUGH JULY 2015 CHAPTER 38 ZONING ORDINANCE SECTION BEVERLY LAND USE SCHEDULE TABLE OF DIMENSIONAL REQUIREMENTS 38 -1 TITLE, PURPOSE, AND INTERPRETATION 1 38 -2 DEFINITIONS 2 38 -3 ZONING DISTRICTS 18 38 -4 ZONING MAP 19 38 -5 GENERAL PROVISIONS 21 38 -6 COMMON PERMITTED USES 31 38 -7 R -90 - ONE - FAMILY DISTRICT 33 38 -8 R -45 - ONE - FAMILY DISTRICT 35 38 -9 R -22 - ONE - FAMILY DISTRICT 37 38 -10 R -15 - ONE - FAMILY DISTRICT 39 38 -11 R -10 - ONE - FAMILY DISTRICT 41 38 -12 R -6 - ONE - FAMILY AND TWO - FAMILY DISTRICT 43 38 -13 RMD - MULTI- FAMILY DISTRICT 45 38 -14 RHD - MULTI- FAMILY DISTRICT 48 38 -15 RSD - SPECIAL RESIDENTIAL DISTRICT 52 38 -16 CN - NEIGHBORHOOD COMMERCIAL DISTRICT 56 38 -17 CC - CENTRAL BUSINESS DISTRICT 59 38 -18 CG - GENERAL COMMERCIAL DISTRICT 65 38 -19 IR AND IR OVERLAY - RESTRICTED INDUSTRIAL, RESEARCH & OFFICE DISTRICT 68 38 -20 IG - GENERAL INDUSTRIAL DISTRICT 72 38 -21 HD - HOSPITAL DISTRICT 76 38 -22 BHD - BEVERLY HARBOR DISTRICT 78 38 -23 WDR - WATERFRONT DEVELOPMENT RESIDENTIAL DISTRICT 85 38 -24 SPECIAL DENSITY AND DIMENSIONAL REGULATIONS 90 38 -25 PARKING AND LOADING REQUIREMENTS 117 38 -26 SIGNS 128 38 -27 NON - CONFORMING SITUATIONS 145 38 -28 BOARD OF APPEALS 156 38 -29 ADMINISTRATION AND ENFORCEMENT 162 38 -30 AMENDMENT 168 38 -31 OVERLAY DISTRICT(S) 169 38 -32 VALIDITY 184 38 -33 MUNICIPAL OPEN SPACE AND RECREATION DISTRICT 185 38 -34 INCLUSION OF AFFORDABLE HOUSING 187 BEVERLY LAND USE SCHEDULE PRINCIPAL USES ZONING DISTRICT R 90 R�5 R 22 R 15 R 10 Rfi RMD RHD RSD CN CC CG 1R IG HD BHD 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 SP P • Multi- family /commercial P P P Rooming, lod 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 I 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 Golf, beach, tennis club SP SP P Private, quasi - public, charitable club or community service organization SP SP SP SP SP SP Public recreational boating facilities I P 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 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 Business and professional office, medical clinic P P P P P P I SP SP Funeral home P P P Restaurant, no take out P SP P P SP SP P SP P Fast -food establishment P SP hmdoor commercial recreation SP P 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 I P I P I P I P JP P P I P P P P P P P P P Commercial fishing, no processing I I I I I I I I I I I I I P P INDUSTRUL, 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 Utility company terminal enclosures 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 Comm_ prkg_ lot in res_ zone when abutting comet 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 = 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. TABLE OF DIMENSIONAL REQUIREMENTS A comparative Table of Dimensional Requirements for each of the Zoning Districts described in Section 38 -7 through Section 38 -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 38 -7 through Section 38 -23 of this Ordinance_ DISTRICT MINIMUM FRONTAGE MINIMUM YARDS MAXIMUM LOT AREA HEIGHT FRONT SIDES REAR 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 38 -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 10 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' BHD See S_ 38 -22 none 20'/5' S' 20' See S_ 38 -23' WDR See S_ 38 -23 65' 5' 25' 20' See S_ 38 -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 38 -18 Part D_ iii 38 -1 TITLE, PURPOSE, AND INTERPRETATION A Short Title M . C 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_" ose 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_ 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 38 -1 PAGE 1 38 -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= Accessory Apartment - A dwelling unit located within an owner- occupied single - family dwelling with one or more rooms including kitchen and bathroom facilities that are separate from those of the principal dwelling_ The unit shall be constructed so as to maintain the appearance and essential character of a single - family dwelling_ Only relatives, i_e_ brothers, sisters, parents, grandparents, in -laws, children and/or grandchildren, of the residing owners of the principal dwelling unit may occupy the unit_ (Rev_ 6-26 - 87)(Ord_ No_ 72,7-5-12) 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 enjoyment 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 SECTION 38 -2 PAGE 2 10,200 feet_ The centerline of this zone shall coincide with the centerline of the runway or landing strip extended- 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 CAM!) - 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_ Baseline Number of Parking Spaces — The total number of parking spaces required by zoning pursuant to Section 38 -25_A_ (Ord_ No_ 52, 7- 17 -13) 11 _ 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_ 12_ 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 38- 2_B_64 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) SECTION 38 -2 PAGE 3 13 Board of Appeals - The Board of Appeals of the City of Beverly_ 14_ Building - Any independent structure having a roof with structural supports for the shelter or enclosure of persons, animals, or property_ a_ Building, Accessory A building subordinate to and located on the same lot with a main building, the use of which is clearly incidental to that of the main building, such as a detached garage or barn_ 15_ Cellar - An area partly underground having more than one -half of its clear ceiling height below the mean finished grade level at the foundation_ 16_ CMR - Code of Massachusetts Regulations_ (Ord_ No_ 169 of 2012 and Ord_ No_ 76 of 2013, 6 -19 -2013) 17_ 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) 18_ 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_ 19_ 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) 20_ 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) 21_ Cornice - Any permanent continuous horizontally projecting feature surmounting a wall or other portion of a building_ (Rev_ 4- 10 -90) 22_ Coverage - The ratio of the total ground floor area of buildings to the total area of the lot, expressed as a percentage_ SECTION 38 -2 PAGE 4 23_ Domestic Employee - Person actually employed upon a premises for monetary compensation by the resident family thereof for not less than 30 hours per week and who provided domestic services to such family_ (Ord_ No_ 43, 3- 14 -00) 24_ 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_ 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_ 25_ Elderly - Persons fifty -five (55) years or older, or those persons permanently disabled_ 26_ Family - 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_ SECTION 38 -2 PAGE 5 (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 nor live and cook together in the same premises as a single, non -profit housekeeping unit with their employer FAMILY, but nonetheless for the purposes of the ordinance shall be deemed members of a resident family in accordance with and as restricted by paragraph A3 above_ (Ord_ No_ 43, 3- 14-00) 27_ Fast -Food Restaurant - A food service establishment with a drive -in window_ 28_ 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_ 29_ Floor Area Ratio (FAR) - The ratio of the gross floor area of the building to the total lot area_ ' FAR = 1(Gross Floor Area / Lot Area) SECTION 38 -2 PAGE 6 3 Stories 2 Stories 1 Story 30_ 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 38- 25_F_2_f_ of this Ordinance, unless the Board of Appeals has granted an exception as provided in Section 38 -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 zomng purposes= 1 _ a public way or a way certified by the City Clerk that is maintained and used as a public way, 2_ a way shown on a plan approved and endorsed by the Beverly 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, any one of them, but only one, may be designated as the frontage street by the owner, provided that that street provides sufficient frontage as required by the Zoning Ordinance; however, in the case of a lot bounded by two streets forming an interior angle of more than one hundred and thirty-five degrees (135 °), 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) 31 _ 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 SECTION 38 -2 PAGE 7 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_ 32_ Groundwater - Water located beneath the ground surface in soil pore spaces and in the fractures of rock formations_ (Ord_ No_ 169 of 2012 and Ord_ No_ 76 of 2013, 6 -19 -2013) 33_ Hazardous Material - Any substance or mixture of physical, chemical, or infectious characteristics posing a significant, actual, or potential hazard to water supplies or other hazards to human health if such substance or mixture were discharged to land or water_ Hazardous materials include, without limitation_ synthetic organic chemicals; petroleum products; heavy metals; radioactive or infectious wastes; acids and alkalis; solvents and thinners in quantities greater than normal household use; and all substances defined as hazardous or toxic under M_G_L_ c21C and 21E and 310 ChM 30.00_ (Ord_ No_ 169 of 2012 and Ord_ No_ 76 of 2013, 6 -19 -2013) 34_ Hazardous Waste - A waste, or combination of wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible illness or pose a substantial present or potential hazard to human, health, safety, and welfare, or to the environment when improperly treated, stored, transported, used or disposed of, or otherwise managed_ These substances are further defined in 310 CMR 30.010_ (Ord_ No_ 169 of 2012 and Ord_ No_ 76 of 2013, 6 -19- 2013) 35_ 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) 36_ 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 any one 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 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 SECTION 38 -2 PAGE 8 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 38- 2_B_53_b_, c_, d_, or e_ of this Ordinance; (3) shall not have more than one commercial vehicle parked on the premises at any one time_ (4) shall have no exterior display or storage of materials beyond that permitted by this Chapter_ (Ord_ No_ 49, 3- 25 -96) 37_ Hotel — An establishment providing transient lodging accommodations to the general public for compensation and which may include, but is not limited to, ancillary facilities and services such as restaurants, meeting rooms, and recreational facilities_ 38_ Impervious Surface - Material or structure on, above, or below the ground that eliminates rainwater infiltration and groundwater recharge_ (Ord_ No_ 169 of 2012 and Ord_ No_ 76 of 2013, 6 -19 -2013) 39_ Landfill - A facility established in accordance with a valid site assignment pursuant to M_G_L_ c_ 111, § 150A for the purposes of disposing solid waste into or on the land_ (Ord_ No_ 169 of 2012 and Ord_ No_ 76 of 2013, 6 -19- 2013 40_ 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) 41 _ 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) 42_ 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) 43_ 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 SECTION 38 -2 PAGE 9 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; 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, Comer 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) 44_ 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) 45_ Major Recreational Equipment - Boat and boat trailers, travel trailers, pick- up campers or coaches, motorized dwellings, tent trailers, and similar devices_ 46_ 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_ SECTION 38 -2 PAGE 10 47_ 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 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) 48_ Mean - A number or point which is halfway between the two extremes_ 49_ M_G_L - Massachusetts General Law (Ord_ No_ 169 of 2012 and Ord_ No_ 76 of 2013, 6 -19 -2013) 50_ Mining of land - the removal and relocation of geologic materials such as topsoil, sand and gravel, metallic ores, or bedrock_ (Rev_ 3 -5 -90) 51 _ 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) 52_ 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_ 53_ 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_ 54_ Off - Street Parking — Parking spaces provided outside of the right -of -way of a street or highway_ (Ord_ No_ 52, 7- 17 -13) 55_ On- Street Parking — Parking spaces provided within the right -of -way of a street or highway_ (Ord_ No_ 52, 7- 17 -13) SECTION 38 -2 PAGE 11 56_ Parking Aisle — Driving portion of a parking lot, which provides access to each parking space_ (Ord_ No_ 52, 7- 17 -13) 57_ Parking Lot — That portion of a lot set aside, marked, and posted for the parking of vehicles which may include, in addition to parking spaces and aisles, circulation areas, loading and unloading areas, landscaped areas and islands intended to channel traffic, bikeways and walkways_ (Ord_ No_ 52, 7- 17 -13) 58_ Parking Space — A space in which a single vehicle may be parked_ (Ord_ No_ 52, 7- 17 -13) 59_ Planning Board oard - The Planning Board of the City of Beverly_ 60_ Primary Fg9ade — 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) 61- 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) 62_ 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_ 63_ 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) 64_ 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 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) SECTION 38 -2 PAGE 12 65_ Screening -A visual barrier which maybe: 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_ (64_ a_- e_ Rev_ 6 -26 -87 and 7 -1 -92) 66_ 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) 67_ 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) 68_ Sign The definitions specific to signs shall control where there is any inconsistency between the definitions specific to signs and the general definitions of this ordinance_ a) Abandoned Sign — a sign which no longer identifies or advertises a bona fide business, owner, lessor, lessee, service, product, or activity, or for which no legal 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_ SECTION 38 -2 PAGE 13 d) Alteration to Sign — any enlargement, rewording (other than in the case of theatre or cinema signs or other sign boards with automatically changing messages) redesigned or altered in any way, other than routine maintenance, including repainting in a different color, or, any work on a sign that has deteriorated to such an extent that the cost of restoration would exceed thirty (30) percent of the replacement cost of the sign at time of restoration_ Any alteration to a sign and all altered signs, must conform to the requirements of this ordinance_ e) Area of Sign — the area of a sign shall be considered to be that of the smallest rectangle or other convex shape which encompasses all the letters and symbols of the sign message or such message together with any frame, background, trim, or other integral part of the display on which such message is placed_ f) Awning Sign — any sign placed on the face of an awning_ An awning is a flexible, woven cloth fabric mounted above and/or projected above a window or door_ g) Canopy Sign — a sign located on a rigid structure erected over gas pumps at gas filling stations or over other automobile services area_ h) Cluster Sign — two or more signs integrated into one freestanding sign structure_ i) Defunct Sign — signs which advertise an activity, business, project, or service no longer produced or conducted on the premises upon which the sign is located_ j) Directory Sign — a sign located on a building, or freestanding within the area between the building and one -half the distance to the nearest property line, which identifies the occupants and their location within a building_ k) Freestanding Sign — a sign, including the supporting device, not part of or attached to any building but located elsewhere on a lot_ 1) 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_ SECTION 38 -2 PAGE 14 n) Portable Sign — a freestanding sign not permanently affixed, anchored, or secured to the ground or structure on the lot it occupies_ o) Projecting Sign — any sign which is attached to a building or other structure which projects more than twelve (12) inches from the wall surface of the building or structure in front of which the sign is positioned_ p) Roof Sign — any sign erected, constructed, and maintained upon or over the roof of any building_ q) 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 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) 69_ 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) 70_ 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_ SECTION 38 -2 PAGE 15 71- 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) 72_ 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) 73_ Subsidized Housing Inventory - The Department of Housing and Community Development Chapter 40B Subsidized Housing Inventory_ (Ord_ No_ 103, 7- 17 -07) 74_ Use - The principal purpose for which a lot or the principal building thereon is designed, occupied, maintained, or intended to be used_ a_ Use, Accessory - A use of a building, land, or portion thereof, normally incidental to the permitted use of the premises_ b_ Use, Non - conforming — A use which lawfully exists at the time this ordinance becomes effective but which does not conform with the regulations for the district in which it is located_ c_ Use, Principal - Any primary purpose for which a structure or lot is designed, arranged, occupied, or intended, which may be used or maintained under this ordinance_ The use of any structure or land on the same lot and incidental or supplementary thereto and permitted under this Ordinance shall be considered as accessory use_ 75_ Used Car Sales - A retail establishment displaying and selling four (4) or more previously -owned vehicles per year_ 76_ 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 comer 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_ SECTION 38 -2 PAGE 16 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 38 -2 PAGE 17 38 -3 ZONING DISTRICTS ►:1 Division into Districts The City of Beverly, Massachusetts is hereby divided into eighteen Zoning Districts to be designated as follows= Designation Description R -90 One - family residential R -45 One - family residential (suburban density) R -22 One - family residential (suburban density) R -15 One - family residential (urban density) R -10 One - family residential (urban density) R -6 One and two - family residential RMD Multi- family residential RHD Multi- family residential (high density) RSD Special residential development (high density) CN Neighborhood commercial CC Central business district CG General commercial (automobile oriented) IR Restricted industrial, research and office IG General industrial HD Hospital district BHD Beverly Harbor District WDR Waterfront development residential MOSR Municipal open space and recreation Specific use and dimensional regulations applicable to each of these Districts are shown in Sections 38 -6 through Section 38 -23 and Section 38 -33_ General provisions applicable to all districts are included throughout this ordinance_ 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 38 -31 of this Ordinance_ SECTION 38 -3 PAGE 18 38 -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 38- 4_B_1_ through 38- 4_B_4_ above_ If the location of the Water Supply Protection Overlay District boundary in relation to a particular parcel is in doubt, the Beverly Zoning Board of Appeals will resolve the boundary dispute in consultation with the applicant(s)- In such cases, a formal written request for consideration will be filed with the Zoning Board of Appeals and must be accompanied by sufficient documentation to demonstrate that either the parcel (or SECTION 38-4 PAGE 19 portion thereof) is clearly outside of the District or that there is sufficient question as to the exact location of the boundaries_ In cases where the Zoning Board of Appeals considers the information submitted by the applicant to be insufficient in order to make the requested determination, the Board will require the applicant to select professional engineer(s), hydrologist(s), or soil scientist(s) from a list provided by the Board, at the applicant's expense, to determine more accurately the boundaries of the District with respect to individual parcel(s) of land_ (Ord_ No_ 169 of 2012 and Ord_ No_ 76 of 2013, 6 -19 -2013) SECTION 38-4 PAGE 20 38 -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 81L of Chapter 41 of the Massachusetts General Laws, or any lot shown on a plan endorsed with the words "approval under the subdivision control law not required" or words of similar import, pursuant to Section 81P of Chapter 41 of the Massachusetts General Laws, which has a lesser area, frontage, width, and depth required under this amendment for the district in which such lot is located shall be subject to the provisions of Chapter 40A, Section 6 of the Massachusetts General Laws_ The minimum side yard for such lots shall not be less than eight (8) feet_ C Building Permits Issued Prior to Adoption of This Ordinance All building permits issued prior to the adoption of this Chapter are subject to the provisions of Chapter 40A, Sections 6 and 7 of the Massachusetts General Laws_ D Obstruction to Air Navigation 1 _ In airport approach zones for instrument - landing runways, building and other structure heights shall be limited to provide a clear glide path of 34 =1 from the end of the runway_ 2_ No use shall be permitted which creates electrical interference with navigation aids or communications 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 38 -5 PAGE 21 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 belfiies, 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 38 -5 PAGE 22 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 Section 38 -5_I_ 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 Severabili1y The separate provisions of this Ordinance and the Zoning Map are adopted with the intent that each shall have force and effect separately and independently, except insofar as by expressed reference or necessary implication any one, or any part thereof, is made dependent upon another_ The invalidity of any provision or part thereof shall not affect the validity of any other provision_ I Pork Chop Shaped Lots SECTION 38 -5 PAGE 23 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 38 -5 PAGE 24 h_ All front, rear, and side yard setbacks shall be the same as the minimum setbacks specified for the zone in which the lot is located_ (Rev_ 6- 26 -87) i_ That the depth of that portion of the lot which fails to satisfy the lot frontage requirements set forth in Section 38- 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_ 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 38 -28 and Section 38 -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 Section 38- 28_C_, except wind energy conversion systems are allowed by right if they meet all of the following conditions= 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 38 -5 PAGE 25 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 38 -5 PAGE 26 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 38 -5 PAGE 27 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 projects for which building permits and/or proposals are sought before the City Council, 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), IR Overlay, General Industrial (IG), Hospital District (HD), Beverly Harbor District (BHD), and Waterfront Development Residential (WDR) zones_ Additionally, the design review board will review all projects that involve new non - commercial uses on or in first floor street- facing facades in the CC Zoning District, and those projects involving special permits and zoning variances in the CC, CN, CG, IR, IG, and BHD zones_ At the request of the building inspector, City Planner, Planning Board, City Council, or Mayor, the Design Review Board shall review any new construction or rehabilitation project in any commercial, industrial, `BHD" or "WDR" zoning district_ The board shall also review all signs requiring a sign permit from the building inspector and all projects that are subject to Site Plan Review (See Section 38- 29_C_3)_ The recommendations of the design review board will be in order to help guide physical design and, where applicable, ensure that projects generally adhere to the tenets and recommendations of the City's Downtown Design Guidelines (2003), the Design Guidelines for Taller Buildings (2007), and the General Guidelines of the Beverly Sign Ordinance, all as the same may hereafter be amended_ (Ord_ No_ 57, 7- 17 -13) SECTION 38 -5 PAGE 28 2_ Appointment - the mayor shall appoint, subject to confirmation by the Board of Aldermen, a design review board to consist of seven (7) members= one (1) member shall be a representative from the Planning Staff, one (1) member from the Planning Board, one (1) member from the Board of Appeals, one (1) member from the Historic Commission and the remaining three (3) members shall include, if possible= one (1) architect, one (1) architect or landscape architect or graphic designer, and one (1) business person and/or property owner from one of the designated design review districts_ 3_ Term - for the three (3) appointed members, the mayor shall initially appoint one member for three (3) years, one for two (2) years, and one for 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 respond to request(s) for recommendation(s) within thirty (30) days of receipt of such request_ Failure to forward recommendation(s) within thirty (30) days will be deemed conclusion of review by the Design Review Board_ (Ord_ No_ 57, 7- 17 -13) 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 38 -31, Watershed Protection Overlay District) (Rev_ 5- 20 -93) O Horticultural and Floricultural Activities Nothing in this Ordinance shall be deemed to prevent horticultural or floricultural activities for personal use or consumption and nothing in this Ordinance shall be deemed to prohibit the sale of horticultural or floricultural products grown entirely on the premises from which it is sold during the SECTION 38 -5 PAGE 29 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 38 -5 PAGE 30 38 -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 38 -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 38 -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 38 -6 PAGE 31 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 38 -6 PAGE 32 38 -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 38 -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 38 -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 38 -6_ 10_ Pork -chop lots on streets in existence prior to December, 1984, subject to the provisions of section 38 -5_I_ above_ SECTION 38 -7 PAGE 33 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= 2_ Minimum lot frontage= 3_ Minimum front yard setback: 4_ Minimum side yard setback= 5_ Minimum rear yard setback= 6_ Maximum building height= 7_ For "Cluster" development, s 90,000 square feet 225 feet (Rev_ 7 -1 -92) 30 feet 20 feet 25 feet 35 feet ee Section 38-24-B- E Parking Requirements 1 _ Off - street parking shall be in accordance with the requirements set forth in Section 38 -25 below_ F Sign Requirements 1 _ All signs in the R -90 District shall conform to the regulations set forth in Section 38 -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 38 -7 PAGE 34 38 -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 38 -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 38 -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 38 -6_ 10_ Pork -chop lots on streets in existence prior to December, 1984, subject to the provisions of Section 38 -5_I_ above_ SECTION 38 -8 PAGE 35 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= 2_ Minimum lot frontage= 3_ Minimum front yard setback: 4_ Minimum side yard setback= 5_ Minimum rear yard setback= 6_ Maximum building height= 7_ For "Cluster" development, s 45,000 square feet 175 feet (Rev_ 7 -1 -92) 30 feet 20 feet 25 feet 35 feet ee Section 38-24-B- E Parking Requirements 1 _ Off - street parking shall be in accordance with the requirements set forth in Section 38 -25 below_ F Sign Requirements 1 _ All signs in the R -45 District shall conform to the regulations set forth in Section 38 -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 38 -8 PAGE 36 38 -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 38 -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 38 -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 38 -6_ 8_ Pork -chop lots on streets in existence prior to December, 1984, subject to the provisions of Section 38 -5_I_ 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 38 -9 PAGE 37 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 38-24-B- E Parking Requirements 1 _ Off - street parking shall be in accordance with the requirements set forth in Section 38 -25 below_ F Sign Requirements 1 _ All signs in the R -22 District shall conform to the regulations set forth in Section 38 -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 38 -9 PAGE 38 38 -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 38 -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 38 -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 38 -6_ 8_ Pork -chop lots on streets in existence prior to December, 1984, subject to the provisions of Section 38 -5_I_ above_ SECTION 38 -10 PAGE 39 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= 2_ Minimum lot frontage= 3_ Minimum front yard setback: 4_ Minimum side yard setback= 5_ Minimum rear yard setback= 6_ Maximum building height= 7_ For "Cluster" development, s 15,000 square feet 125 feet (Rev_ 7 -1 -92) 30 feet 15 feet 25 feet 35 feet ee Section 38-24-B- E Parking Requirements 1 _ Off - street parking shall be in accordance with the requirements set forth in Section 38 -25 below_ F Sign Requirements 1 _ All signs in the R -15 District shall conform to the regulations set forth in Section 38 -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 38 -10 PAGE 40 38 -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 38 -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 38 -6_ 7_ Pork -chop lots on streets in existence prior to December, 1984, subject to the provisions of Section 38 -5_I_ 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 38 -11 PAGE 41 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= 2_ Minimum lot frontage= 3_ Minimum front yard setback: 4_ Minimum side yard setback= 5_ Minimum rear yard setback= 6_ Maximum building height= 7_ For "Cluster" development, s 10,000 square feet 100 feet (Rev_ 7 -1 -92) 20 feet 15 feet 25 feet 35 feet ee Section 38-24-B- E Parking Requirements 1 _ Off - street parking shall be in accordance with the requirements set forth in Section 38 -25 below_ F Sign Requirements 1_ All signs in the R -10 District shall conform to the regulations set forth in Section 38 -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 38 -11 PAGE 42 38 -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 38 -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 38 -6_ 7_ Pork -chop lots on streets in existence prior to December, 1984, subject to the provisions of Section 38 -5_I_ 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 38 -12 PAGE 43 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 38 -25 below_ F Sign Requirements 1 _ All signs in the R -6 District shall conform to the regulations set forth in Section 38 -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 38 -12 PAGE 44 38 -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 38 -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 38-24-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 38 -6_ 6_ Pork -chop lots on streets in existence prior to December, 1984, subject to the provisions of Section 38 -5_I_ above_ 7_ Horticultural and floricultural (as defined by M_G_L_ Chapter SECTION 38 -13 PAGE 45 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 38 -25 below_ F Sign Requirements 1 _ All signs in the RMD District shall conform to the regulations set forth in Section 38 -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 38 -13 PAGE 46 (3) feet are provided at 50 foot intervals more or less, the length of said dwelling shall not exceed a length of 200 feet_ 2_ In multiple dwelling groups, the minimum spacing between buildings shall be as follows= front -to -front, front -to -rear, and rear -to -rear 60 feet, end -to -end (with facing windows) - not less than their average height, end -to -end (without facing windows) or corner -to- corner (offset) - not less than one -half of their height_ Front -to -rear siting shall be avoided if at all practicable_ 3_ Interior private ways shall have a minimum width of 24 feet for two - way traffic and 18 feet for one -way traffic and shall be paved in accordance with City specifications_ Minimum building setbacks from such private access drives shall be 35 feet and 30 feet, respectively, from the centerlines thereof_ (Rev_ 7 -1 -92) 4_ All multiple - family dwellings shall be served by public or equivalent sanitary sewer and water systems_ No building permit shall be granted unless the Building Inspector shall first receive a report from the Commissioner of Public Works that provision has been made for the disposal of sewage into the system of sufficient capacity_ 5_ All electrical and telephone service shall be provided underground to all buildings within a multiple dwelling group project_ Antennae for the purposes of television reception shall be provided within a building wherever practicable, or else by one master antennae for the project_ 6_ No multiple dwelling group nor any individual multiple dwelling shall be permitted unless provision shall be made for adequate snow removal and trash and garbage disposal_ 7_ Sufficient enclosed area and equipment shall be provided within each multiple - family dwelling for laundering and drying purposes_ No outside area shall be provided for such purposes, unless such area is enclosed by a solid screen of evergreen shrubs or fencing at least six (6) feet high_ 8_ A plan showing recreational facilities must be approved by the Planning Board_ The area shall be a minimum of 10% of the gross area of the site and shall be contiguous_ SECTION 38 -13 PAGE 47 38 -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 38 -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) 7_ Pork -chop lots on streets in existence prior to December, 1984, SECTION 38 -14 PAGE 48 subject to the provisions of Section 38 -5_I_ above_ 8_ Parking lot for commercial use in adjoining Commercial District_ 9_ Those uses, including accessory uses, allowed by Special Permit under Section 38 -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 38 -25 below_ F Sign Requirements 1 _ All signs in the RHD District shall conform to the regulations set forth in Section 38 -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 38 -14 PAGE 49 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= No multiple dwelling shall measure more than 125 feet on its long side; except that where front and rear setback offsets of at least three (3) feet are provided at 50 foot intervals more or less, the length of said dwelling shall not exceed a length of 200 feet_ 2_ In multiple dwelling groups, the minimum spacing between buildings shall be as follows= front -to -front, front -to -rear, and rear -to -rear 60 feet; end -to -end (with facing windows) - not less than their average height; end -to -end (without facing windows) or corner -to- corner (offset) - not less than one -half of their height_ Front -to -rear siting shall be avoided if at all practicable_ 3_ Interior private ways shall have a minimum width of 24 feet for two - way traffic and 18 feet for one -way traffic and shall be paved in accordance with City specifications_ Minimum building setbacks from such private access drives shall be 35 feet and 30 feet, respectively, from the centerlines thereof_ 4_ All multiple - family dwellings shall be served by public or equivalent sanitary sewer and water systems_ No building permit shall be granted unless the Building Inspector shall first receive a report from the Commissioner of Public Works that provision has been made for the disposal of sewage into the system of sufficient capacity_ 5_ All electrical and telephone service shall be provided underground to all buildings within a multiple dwelling group project_ Antennae for the purposes of television reception shall be provided within a building wherever practicable, or else by one master antennae for the project_ 6_ No multiple dwelling group nor any individual multiple dwelling shall be permitted unless provision shall be made for adequate snow removal and trash and garbage disposal_ 7_ Sufficient enclosed area and equipment shall be provided within each multiple - family dwelling for laundering and drying purposes_ No outside area shall be provided for such purposes, unless such area is enclosed by a solid screen of evergreen shrubs or fencing at least six (6) feet high_ SECTION 38 -14 PAGE 50 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 38 -14 PAGE 51 38 -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 38 -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 38 -6_ SECTION 38 -15 PAGE 52 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 38 -5_I_ above_ 6. Bed and breakfast establishments_ (Rev_ 3- 19 -91) 7_ Those uses, including accessory uses, allowed by Special Permit under Section 38 -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 38 -15 PAGE 53 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 1 /o) 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 comer -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 38 -15 PAGE 54 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 38 -25 below_ F Sign Requirements 1 _ All signs in the RSD District shall conform to the regulations set forth in Section 38 -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 38 -15 PAGE 55 38 -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 38 -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 38 -16 PAGE 56 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 38 -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 38 -25 below_ F Sign Requirements 1 _ All signs in the CN District shall conform to the regulations set forth in Section 38 -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 38 -16 PAGE 57 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 38 -16 PAGE 58 38 -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 38- 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 38 -6_ SECTION 38 -17 PAGE 59 C Uses by Special Permit 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 38 -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 SECTION 38 -17 PAGE 60 c_ Minimum front yard setback - none d_ Minimum side yard setback 10 feet, 15 feet if building is over 3 stories for that side yard which abuts the side or rear yard of a residentially zoned lot e_ Minimum rear yard setback - 20 feet - if the rear yard abuts a side or rear yard of a residentially zoned lot f_ Maximum building height - 55 feet when "RHD" is the abutting residential district, 35 feet when "RMD" or "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 b_ Minimum lot frontage= 50 feet c_ Minimum front yard setback= 15 feet d_ Minimum side yard setback= 10 feet, 15 feet if over 3 stories e_ Minimum rear yard setback= 20 feet f_ Maximum height - 55 feet / 75 feet* * 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 38- 17_D2_, 3_, and 5_ only, and only for lots zoned "CC overlay" on the official City zoning map, and only when the provisions of Section 38- 17_G_ below are met_ 3_ Commercial uses which do not abut a residential district= a_ Minimum lot area= none b_ Minimum lot frontage= none c_ Minimum front yard setback= none d_ Minimum side yard setback= none e_ Minimum rear yard setback= none f_ Maximum height= 55 feet / 75 feet* * 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 38- 17_D2_, 3_, and 5_ only, and only for lots zoned "CC overlay" on the official City SECTION 38 -17 PAGE 61 zoning map, and only when the provisions of Section 38- 17_G_ below are met_ 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_ Minimum lot area - none b_ Minimum lot frontage - 50 feet c_ Minimum front yard setback - none d_ Minimum side yard setback - none e_ Minimum rear yard setback - none f_ Maximum building height - 55 feet/75 feet* * 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 38- 17_D2_, 3_, and 5_ only, and only for lots zoned "CC overlay" on the official City zoning map, and only when the provisions of Section 38- 17_G_ below are met_ E Parking Requirements Off - street parking shall be in accordance with the requirements set forth in Section 38 -25 below, and with the parking requirements applicable to the Depot Parking Overlay District described in Section 38- 17_E2_ below. (Ord. No. 61, 7- 12 -11) 2_ Having determined that a reduction in the parking requirement for two- bedroom dwelling units within walking distance of the Beverly MBTA Depot is reflective of actual demand and would be beneficial in encouraging "smart growth" residential development, the City of Beverly hereby establishes the Depot Parking Overlay District, which shall include those lots within the CC District south of Federal Street and having frontage on Rantoul Street_ The Depot Parking Overlay District is shown on the official City of Beverly Zoning Map_ The off street parking requirement for one SECTION 38 -17 PAGE 62 (1) and two (2) bedroom dwelling units located in the Depot Parking Overlay District shall be one (1) off street parking space per dwelling unit_ (Ord_ No_ 61, 7- 12 -11) F Sign Requirements 1 _ All signs in the CC District shall conform to the regulations set forth in Section 38 -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_ (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 SECTION 38 -17 PAGE 63 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 height; end -to -end (without facing windows) or comer -to- corner (offset) - not less than one -half of their height_ Front -to -rear siting shall be avoided if at all practicable_ 3_ 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_ 4_ 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_ (Ord_ No_ 35, 6- 11 -07; Ord_ No_ 61, 7- 12 -11) SECTION 38 -17 PAGE 64 38 -18 CG - GENERAL COMMERCIAL DISTRICT A General Description This district is established to provide principally for suburban and automotive related commercial development outside of residential areas_ B Uses by Right Property and buildings shall be used only for the following purposes= 1 _ One or more dwellings in a permitted commercial building_ 2_ Historic site including historic dwellings, or museum not operated for profit_ 3_ Sanitary landfill facilities, provided that the same are operated by the municipality, or pursuant to a municipal lease or license_ 4_ Hotel or motel_ 5_ Home occupation as defined herein_ 6_ Retail establishments_ 7_ Gymnasium, health club, commercial swimming pool_ 8_ Personal and consumer service establishments including, but not limited to, barber or beauty shop and laundromat_ 9_ Business and professional offices; banks_ 10_ Funeral home- 11- Restaurant selling food for consumption entirely on the premises_ 12_ Fast food restaurant_ 13_ Place of commercial recreation such as a theater, bowling alley, roller skating rink or ice skating rink where the use is conducted entirely indoors_ For purposes of this subsection, the term commercial- indoor recreation does not include those uses regulated by M_G_L_ Chapter 140, Section 183A_ (Rev_ 5- 20 -93) 14_ Agricultural, horticultural, and floricultural uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of 5,000 square feet_ 15_ Administrative offices, data processing centers, and laboratory for scientific and industrial research including testing and product development_ 16_ Printing and publishing establishment_ 17_ Taxi, rail, bus passenger terminal_ 18_ Car wash; establishment for the sale of automobiles, trucks, travel trailers, and major recreational equipment, but excluding heavy repair of same_ (Rev_ 6- 26 -87) 19_ Accessory buildings and uses required for and clearly incidental to the principal building or use are permitted_ 20_ Those uses allowed by right under Section 38 -6_ SECTION 38 -18 PAGE 65 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 38- 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 38 -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 38 -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 7_ Maximum building height= 35 feet SECTION 38 -18 PAGE 66 E Parking Requirements Off - street parking shall be in accordance with the requirements set forth in Section 38 -25 below_ F Sign Requirements All signs in the CG District shall conform to the regulations set forth in Section 38 -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 38 -18 PAGE 67 38 -19 IR AND IR OVERLAY - 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_ Manufacturing, assembly, processing, packaging, research and testing operations associated with renewable or alternative energy research and development facilities, provided that any outdoor operations are limited to those that require outside siting, are associated with the testing of materials and/or equipment, and can be maintained and operated in a manner that does not negatively affect abutting properties_ (Ord_ No_ 57, 7- 12 -11) 7_ Administrative offices, data processing centers, and laboratory for scientific and industrial research including testing and product development_ 8_ Printing and publishing establishment, including photostatic copying services_ SECTION 38 -19 PAGE 68 9_ Taxi, rail, bus passenger terminal_ 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, and further provided that such use is screened from surrounding uses, as defined in Section 38- 2_B_52_ 11- Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage_ 12_ Accessory buildings and uses required for and clearly incidental to the principal building or use are permitted_ 13_ Those uses allowed by right under Section 38 -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 38 -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 SECTION 38 -19 PAGE 69 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_ 13_ Pork -Chop lots on streets in existence prior to December, 1984, subject to the provisions of section 38 -5_I_ above_ 14_ Bed and breakfast establishments_ (Rev_ 3- 19 -91) 15_ Those uses, including accessory uses, allowed by Special Permit under Section 38 -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, except fast food restaurants as defined in Section 38 -2 of this zoning ordinance shall not be allowed_ (Ord_ No_ 38, 5- 14 -15) 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 SECTION 38 -19 PAGE 70 E Parking Requirements 1 _ Off - street parking shall be in accordance with the requirements set forth in Section 38 -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 38 -25_F below_ (Ord_ No- 230,2-19-09) F Sign Requirements 1 _ All signs in the IR District shall conform to the regulations set forth in Section 38 -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 38 -19 PAGE 71 38 -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 38 -20 PAGE 72 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 38 -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 38 -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 38 -20 PAGE 73 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 38 -5_I_ above_ 13_ Bed and breakfast establishments_ (Rev_ 3- 19 -91) 14_ Those uses, including accessory uses, allowed by Special Permit under Section 38 -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 of 70 feet_ (Ord_ No_ 67, 7- 16 -01) E Parking Requirements 1 _ Off - street parking shall be in accordance with the requirements set forth in Section 38 -25 below_ F Sign Requirements 1 _ All signs in the IG District shall conform to the regulations set forth in Section 38 -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 38 -20 PAGE 74 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 38 -20 PAGE 75 38 -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 38 -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 38- 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 38 -21 PAGE 76 4_ Any use, including accessory uses, allowed by Special Permit under Section 38 -6_ 5_ Commercial Mobile Radio Service transmission facilities, structures, and/or towers (Ord_ No_ 115, 6- 11 -96) !IJ E Building and Area Requirements 1 _ Minimum lot area= 2_ Minimum lot frontage= 3_ Minimum front yard setback= 4_ Minimum side yard setback= 5_ Minimum rear yard setback= 6_ Maximum building height= 10 acres 225 feet (Rev_ 7 -1 -92) 30 feet 20 feet 25 feet 65 feet Parking Requirements Off - street parking shall be in accordance with the requirements set forth in Section 38 -25 below_ F Sign Requirements All signs in the HD District shall conform to the regulations set forth in Section 38 -26 below_ G Special Requirements 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 38 -21 PAGE 77 38 -22 BHD - BEVERLY HARBOR DISTRICT A General Description and Purpose The Beverly Harbor District seeks to protect and enhance Beverly's existing marine and waterfront uses and amenities and to expand public access to the water by creating continuous and inviting public spaces enlivened with new mixed use development and waterside recreational facilities that are well integrated with surrounding neighborhoods_ The Beverly Harbor District is established in order to facilitate the following objectives= I _ Support and grow commercial maritime uses, including commercial fishing vessels, as they are an integral part of the long -term vision of the Harbor District_ 2_ Facilitate use of the Harbor District's shoreline by commercial maritime, fishing, and recreational vessels_ 3_ Accommodate mixed -use development that is pedestrian friendly and will include recreational amenities to engender an inviting and active place_ 4_ Make the District accessible and designed to accommodate all modes of transportation_ 5_ Provide publicly accessible open spaces along the length of the Harbor District and will seek to connect with existing open spaces located elsewhere on Beverly's waterfront_ 6_ Complement the historical context of the waterfront with construction to a scale in keeping with the character of the surrounding neighborhood_ 7_ Enhance the visual appeal of the street, pedestrian paths, and other public areas within the Harbor District by minimizing the visual impact of overhead utilities, service equipment and other infrastructure and by the use of underground utilities where feasible_ B Uses by Right Commercial fishing excluding the processing of fish, except as provided by Section 38- 22_138_ 2_ Commercial marina for the sale, mooring, and rental of boats, subject to the provisions of Section 38 -22_G_ (Rev_ 6- 26 -87)_ 3_ Public or private recreational boating facilities, including but not limited to ancillary office, kitchen facilities and meeting space_ SECTION 38 -23 PAGE 78 4_ Marine- related museums and/ or aquariums, and public service facilities including but not limited to harbormaster_ 5_ Boatyard for the construction, repair or maintenance of boats, including but not limited to ancillary office space_ 6_ Berthing and boat storage facility where a vessel is confined by wet slip, dry stack, float, mooring, jack stand, cradle or other type of docking facility_ 7_ Restaurants up to 5,000 square feet in gross floor area; provided however that fast food restaurant as defined in Section 38 -2 of this zoning ordinance shall not be allowed_ 8_ Accessory buildings and uses required for and clearly incidental to the principle building or use are permitted_ 9_ Home occupation as defined herein, subject to the provisions of Section 38-22-G- C Uses by Special Permit 1_ Retail establishments subject to the provisions of Section 38-22-G- 2- Residential as part of a mixed -use commercial development where all residential units are located above the first (or ground) floor_ 3_ Business and professional offices as part of a mixed -use commercial development where all office related uses are located above the first (or ground) floor_ 4_ Hotel as part of a mixed -use commercial development where all lodging rooms are located above the first (or ground) floor and subject to provisions of section 38-22-G- 5- Restaurants with more than 5,000 square feet in gross floor area, provided however that fast food restaurants as defined in Section 38 -2 of this zoning ordinance shall not be allowed_ D Building and Area Requirements 1 _ Minimum lot area= none required 2_ Maximum Floor Area Ratio (FAR): 025, unless modified by Special Permit as provided in Section I below_ FAR calculations do not include structured parking_ 3_ Minimum lot frontage= none 4_ Minimum front yard setback= 20 feet, unless modified by Special Permit as provided in Section I below_ 5_ Minimum side yard setback= 5 feet SECTION 38 -23 PAGE 79 6_ Minimum rear yard setback= 20 feet measured from the current mean high water mark, or the perimeter of any pier, wharf, or other structure supported by existing piles, whichever is further seaward_ 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_ 8_ Accessory Structures shall not be located in the front or rear yard of a lot_ E Parking Requirements 1 _ Off - street parking may be provided under or on the first floor of commercial or mixed use buildings provided an active ground floor use screens parking facilities from the public way and waterfront walkway_ 2_ Off- street surface parking located in the front or rear yard of a property must provide a minimum 5 foot landscape buffer from Water Street and the waterfront walkway_ 3_ Off- street parking shall be in accordance with the requirements set forth in Section 38 -25 below_ F Sign Requirements 1 _ All signs in the BHD shall conform to the regulations set forth in Section 38 -26 below_ G Minimum Development Standards 1 _ All proposals, including new construction of any building(s) or shoreline 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)= MassDEP Division of Wetlands and Waterways Chapter 91 Waterways License; and City of Beverly Conservation Commission Order of Conditions_ Conditions imposed by any state or federal permit or license may be more restrictive or require certain public benefits not stated or identified in this Ordinance_ SECTION 38 -23 PAGE 80 For any new development or improvements to existing structures within the BHD requiring site plan review under Section 38 -29 or a special permit under the zoning ordinance, the project proponent shall establish the location, if applicable, of the Commonwealth tidelands and private tidelands on any plan or site plan(s) required under this Ordinance_ 2_ All proposals shall conform with MassDEP Waterways regulations, 310 CMR 9.00, as they may be amended, and shall provide or preserve any rights of access as required therein_ 3_ Any project that includes the use of filled tidelands for public access shall provide for long -term management of such areas that achieves effective public use and enjoyment while minimizing conflicts with interests as the protection of private property and natural resources_ Such proposals shall provide rights of public access as follows= a_ The provision, including construction and maintenance, of a public pedestrian walkway adjacent to the project shoreline, a minimum of 10 feet in width and including, but not limited to, pedestrian improvements such as landscaping, benches, lighting, and trash receptacles_ The location and landscape elements shall be subject to approval by the Planning Board, and designed to connect to existing or future harbor front walkways on adjoining properties_ Should a proposed or existing water dependent use, such as boat launch or boat washing system, inhibit the project proponent's ability to provide a continuous walkway as prescribed above, the project proponent shall provide a reasonable alternative on the parcel providing access to the project shoreline and connecting the subject parcel to abutting parcels and walkways, subject to approval by the Planning Board_ b_ Access from the public street to the project shoreline walkway shall be required if there is no existing public access to said walkway and may be required by the Planning Board even if there is existing public access to the walkway elsewhere within the Beverly Harbor District, and in all cases shall be provided without time restriction except as authorized by the Planning Board or Mass DEP_ Public access and use of public rights and ways shall be encouraged by the use of appropriate signage at all entryways and other reasonable locations on the project site_ c_ No gates, fences, or other structures may be placed on any areas open to public access in a manner that will impede the free flow of pedestrians_ SECTION 38 -23 PAGE 81 4_ Buildings shall be designed to the scale and character of the surrounding neighborhood, and shall incorporate design elements that create an attractive pedestrian realm_ Proposals shall include the following elements= a_ Buildings with architectural elevations facing both the public way and/or the waterfront shall be oriented and designed as though both are primary elevations_ b_ Streets, driveways, parking lots, and principal facades shall include amenities that are conducive to an active pedestrian realm including sidewalks, landscaping, lights, and outdoor seating_ c_ Development should be designed to facilitate and encourage use by alternative modes of transportation such as walking, biking, and public transit_ d_ Building materials shall be of permanent and sturdy quality including brick, stone or wooden clapboard, or materials similar in appearance, texture, quality and scale to these materials_ e_ Buildings facing the public way and/or the waterfront shall incorporate vertical design elements, operable doors, and/or entrances with public access and transparent windows at regular intervals in the principal facade(s)- f_ Buildings within the Beverly Harbor District shall not have blank walls (without doors or windows) for a distance of greater than 10- feet in length_ g_ Buildings shall be so designed and located to allow 50 feet wide views from the street to the harbor at intervals no greater than 150 feet_ The longer side of each building should be sited approximately perpendicular to the street and the water's edge, or as the Planning Board may require, in order to preserve water views from the street_ The Planning Board may waive the above listed building placement and design requirements by special permit if it is found that such an alteration will better meet the objectives of this ordinance_ 6_ Surface level off - street parking shall be sited and screened so as to minimize the visual intrusion from public ways, waterfront walkways, and other public spaces that are provided for under this ordinance_ 7_ Rooftop and other mechanical equipment including HVAC systems, shall be screened, using materials similar in type, texture, and scale to SECTION 38 -23 PAGE 82 the building, such as brick, slate, wood or other materials similar in appearance_ No vinyl is permitted nor shall wood stockade or similar fencing be used on roofs_ Solar panels are exempt from this requirement_ 8_ Mechanical equipment and other noise producing appurtenances shall comply with MassDEP noise control regulations (3 10 CMR 7.10) where a source sound shall not increase broadband sound level by more than 10 dB(A) above ambient levels or produce a pure tone condition_ Measurements of sound levels shall be taken at the boundary of the subject property_ H Special Permit Criteria When approving a special permit under the BHD the Planning Board shall make findings, in addition to any specific requirements or criteria set forth in Section 38 -28_C of this Ordinance, that the project proposal meets the following special permit criteria= 1 _ The proposed development and associated uses are allowed and compatible with the purpose of the Beverly Harbor District_ 2_ The proposed development is consistent with the character, materials and scale of the surrounding neighborhood_ 3_ The proposed development is oriented to public ways and the project shoreline edge such that the project minimizes visual intrusion of parking, storage, and other outdoor service areas_ 4_ The proposed development shall provide direct access to public ways and the waterfront; buildings shall be oriented to complement public spaces_ 5_ Access is designed to provide an inviting pedestrian realm, and where necessary include signage to promote public access_ 6_ Buildings are oriented such that visual connection to the waterfront from streets and public ways is accommodated_ 7_ The proposed development will not prevent or materially interfere with the creation or preservation of adjacent water - related uses and public access and enjoyment on surrounding properties_ 8_ Project proponents of new residential uses allowed by special permit under this section shall certify that notice will be provided to residents, by deed or lease, that the Beverly Harbor District is intended for mixed SECTION 38 -23 PAGE 83 uses including public access and enjoyment of the waterfront, commercial fishing, and other marine and water - related commercial uses_ Notice shall at a minimum state that the residential building is in close proximity to water- related commercial uses which will continue to operate in accordance with normal business practices, which may include extended hours of operation, and use of public infrastructure_ This provision shall be incorporated as a condition of special permit approvals under this ordinance that include a residential component_ In exercising its power under this section, the Planning Board may impose conditions to further the purposes and intent of the Beverly Harbor District_ Special Requirements For any use allowed in the BHD, the Planning Board through a Special Permit process may grant a bonus in Floor Area Ratio (FAR) increasing the existing maximum FAR of _25 up to 1.5, in return for the following public benefits (additional FAR of _25 may be granted by the Planning Board for one public benefit; _50 for a second public benefit; and _50 for a third public benefit): 1 _ 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_ The front yard setback requirement for projects providing additional public right -of -way is reduced from 20 ft_ to 5ft_ 2_ The provision, including construction and maintenance, of a public pedestrian walkway along the project shoreline, a minimum of fifteen (15) feet in width, the exact location to be approved by the Planning Board, designed to connect to existing or future harbor front walkways on adjoining properties_ Public access from the public street to the project shoreline walkway shall be required by the Planning Board if there is no existing public access_ In addition, public access from the public street to the project shoreline walkway may be required by the Planning Board in its discretion_ 3_ 10% of the gross site area to be developed and maintained as public open space (as defined in section 38 -2)_ This provision is in addition to any open space requirements which may otherwise be required by this ordinance_ Land set aside for the above public benefits shall remain included in the formula to determine FAR_ SECTION 38 -23 PAGE 84 38 -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 Rigtiht Property and building sball be used only for the following purposes= 1 _ Multi- family dwelling or apartment house, subject to the requirements of Section H below- 2- Home occupation as defined herein, subject to the provisions of Section G below_ 3- Agricultural, horticultural, and floricultural uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of 5,000 square feet, and subject to the provisions of Section G below- 4- Commercial fishing excluding the processing of fish, except as provided by Section B_7_ below (Processing meaning canning, cooldng, or freezing but not preparation of bait), subject oftbe 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 consumption entirely on the premises, subject to the provisions of Section G below 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 38 -6_ C Uses by Special Permit The following uses are only allowed by Special Permit, granted by the Planning Board= 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 cusbamanly carried on as a business, subject to the provisions of Section G below_ 3_ Hotel or motel, subject oftheprovisions ofSechon Gbelow_ 4- Retail establishments, subject to the provisions of Section G below- 5- Personal and consumer service establishments including but not limited to, barber or beauty shop and laundromat, subject to the provisions of Section G below_ 6_ Business and professional offices; banks subject to the provisions of Section G below_ SECTION 38 -23 PAGE 85 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 ofSec6onGbelow 9_ Paddng loll or garages as principal use of a K subject to the provisions of Section G below_ 10_ Those uses, including accessory uses, allowed by Special Permit under Section 38 -6_ The following uses are only allowedby Special Perak 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): 025, unless modified by Special Permit as provided in Section G below_ FAR calculations do not include suuchuedparking_ 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 emoting paved sued glade along The lot; to the top ofthe highest roof beams of a pat root or the lop of the bgicst ridge of a sloped root except that there may be uninhabited space under a sloped roofup to a total begAof40 feet E Parking Requirements 1 _ Off - street parking shall be in accordance with the requirements set forth in Section 38 -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 38 -25 below_ G Special Requirements SECTION 38 -23 PAGE 86 All WDR proposals, including new construction of any building(s) or water4xtsed st uchn - e(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-deperident 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 plan(s) 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 minimum of 12 few in width, the exact location to be determined by the Planning Board, designed to connect to existing or future hanborfront 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 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 38 -23 PAGE 87 L Marine- related industries and services, including fish storage, fish products/processing and sales_ 2_ Harbor /marine supplies and services and ship supply_ 3_ Boat storage and service facilities, such as boat construction yards, drydock services, boat repair shops, launching ramps, and marinas_ 4_ Sea/land loading and transfer areas for people and goods, including ferry terminals, loading areas, and docks_ 5_ Marine- related museums and aquariums, and public service facilities including harbormaster's quarters_ 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= fiDnt to-fiuM fiunt4o4uu, and rear-to-rear 60 fe&, end4o -end (with facing windows) - not less than their average height; end-to-end (without facing windows) or comer -to -comer (offset) - not less than one -half of their height Frontto -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 38 -23 PAGE 88 television reception shall be provided within a building wherever practicable, or else by one master antennae for the project_ 6_ No multiple dwelling group nor any individual multiple dwelling shall be permitted unless provision shall be made for adequate snow removal and trash and garbage disposal- 7- Sufficient enclosed area and equipment shall be provided within each multiple - family dwelling for laundering and drying purposes_ No outside area shall be provided for such purposes, unless such area is enclosed by a solid screen of evergreen shrubs or fencing at least six (6) feet high_ 8_ A plan showing recreational facilities must be approved by the Planning Board_ The area shall be a minimum of 10% of the gross area of the site, shall be contiguous, and shall include the 20% public space area provided for in G-2-d- above_ SECTION 38 -23 PAGE 89 38 -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 38 -28 of this Ordinance, unless otherwise provided herein_ Site Plan Review by the Planning Board is also required for PRD's - see Section 38 -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_ SECTION 38 -24 PAGE 90 There shall be no PRD's in the R -6 or R -10 Districts_ 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 38 -24 PAGE 91 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_ L 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 38 -24 PAGE 92 (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 Projects 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 (just 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 38 -24 PAGE 93 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 38 -2 of this ordinance_ (Ord_ No_ 24, 7 -2 -08) This ordinance shall not prevent endorsement of any qualified Approval Not Required ( "AW') 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 I _ 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 38 -24 PAGE 94 (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 III2 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 38 -24 PAGE 95 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 38 -24 PAGE 96 (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 38 -24 PAGE 97 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 SECTION 38 -24 PAGE 98 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_ I _(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 L 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 38- 29_C2, to the extent that Section 38- 29_C2_ 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 38 -24 PAGE 99 and Traffic Commission, Department of Public Works, Police Chief, Fire Chief, and City Engineer for their consideration, review, and report_ The applicant shall famish 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)_ SECTION 38 -24 PAGE 100 (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 38 -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 38 -24 PAGE 101 (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 Driveways 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 Bicycle 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 38 -24 PAGE 102 (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 38 -24 PAGE 103 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 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) 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) SECTION 38 -24 PAGE 104 VIII. Open Space Requirements 1 _ Open Space A minimum of fifty percent (50 1 /6) 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 VIII2) 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 SECTION 38 -24 PAGE 105 Commission and Open Space and Recreation Committee concerning the management plan is encouraged_ (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 VIH2(c)(i) below, however, any such endowment shall be in addition to, and not in replacement of, the cash bond referred to in subsectionVIH2(c)(ii)_ (i) Each deed conveying open space to a Conservation Entity under subsection VIH2(a) or VHI2(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 VIH2(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_ (j) 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_ SECTION 38 -24 PAGE 106 2_ Ownership of the Open Space The open space and any facilities accessory thereto shall, at the applicant's election, be conveyed to, 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 VHL 1(h) above shall be administered by the Planning Board in the same manner as a cash bond under subsection VIH2(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 SECTION 38 -24 PAGE 107 on its behalf, and the cost thereof may be paid from the cash bond and any interest accrued thereon_ The City shall assess the 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 V2(c), including expenses of enforcing the Association Obligations_ Any amounts not paid in a timely manner by the Association shall constitute alien 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 SECTION 38 -24 PAGE 108 Subdivision Plan shall substantially comply with the approved OSRD Site Plan_ 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 SECTION 38 -24 PAGE 109 with the conditions of the Site Plan requiring that the Definitive Plan substantially comply with the Site Plan_ 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 Intent and Objectives_ The requirements and procedures outlined in this section are not intended to encourage the public in acquiring variances to allow for the construction of larger dwellings for the use of accessory apartments, instead they are intended to= a_ Enable homeowners of single - family dwellings larger than required for their present needs to share space and burdens of home ownership with a relative(s)- b_ Create feasible housing alternatives for elderly people or other relatives looking to stay in their homes, yet receive help they need for or from other relatives_ c_ To encourage a diverse population with a particular focus on senior citizens and young adults through the creation of an accessory apartment in the familial home_ Condition and Requirements_ Notwithstanding provisions in this Chapter to the contrary, the Zoning Board of Appeals may consider the granting of a Special Permit for the alteration of an existing, single - family residence to include an Accessory Apartment in any residential zone, subject to the following provisions= An accessory apartment may be permitted to accommodate a maximum of two people to live in proximity to, but with independence from, a relative_ SECTION 38 -24 PAGE 110 2_ The application shall designate the individual(s) who is to occupy the accessory apartment_ 3_ The alterations /additions necessary to create the accessory apartment shall be limited to the principal dwelling_ 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_ The size of the accessory apartment is not to exceed the lesser of 900 gross square feet or 30% of the gross floor area of the principal unit_ The square footage of the accessory apartment must meet the minimum requirements of the state's sanitary code_ 7_ The accessory apartment shall be a self - contained dwelling unit that shares a common vertical and/or horizontal wall with the primary dwelling unit_ Within the common vertical and/or horizontal wall shall be a doorway so that the accessory unit may be accessed from the primary unit_ 8_ The principal dwelling unit shall have only one front entrance; any new entrance shall be located on the side or in the rear of the building_ Where two or more entrances already exist on the front facade of a dwelling, modifications made to any of the entrances shall result in one entrance appearing to be the principal entrance and other entrances appearing to be secondary_ All stairways leading to second or third stories shall be enclosed within the exterior walls of the dwelling_ 9_ The accessory apartment will have no more than two (2) bedrooms_ 10_ The Special Permit for an accessory apartment 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_ Following termination of said Special Permit the owner shall remove the kitchen built as a result of the Special Permit within ninety (90) days_ The house will then revert to a single - family residence_ The accessory apartment shall not be held in, or transferred into separate ownership from the principal dwelling under a condominium form of ownership, or otherwise_ SECTION 38 -24 PAGE 111 11- An affidavit by the record owner, sworn under penalties of perjury, with proper documentation is required with the application to certify that the accessory apartment living area is for a relative(s)- The Special Permit shall be issued to the owner of the property_ The Building Inspector shall have the right at a reasonable time to inspect the premises to determine compliance per requirements of this ordinance and the Special Permit_ Refusal of this inspection may result in the revocation of the special permit_ 12_ In granting a Special Permit the Board may impose such conditions, including requirements for off street parking and limitations on other accessory uses of the premises, as it may deem appropriate to avoid detriment to the neighborhood or to nearby persons or property _ The Board shall evaluate each Special Permit application that involves exterior changes in the appearance and character of the neighborhood and may require that there be no change or minimal change to any building facade oriented toward a public way or visible from a public way_ (Ord_ No_ 72,7-5-12) 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 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 38- 24_C_ below_ 2_ Building and Area Requirements a_ Minimum lot area= 20 acres b_ Minimum lot frontage= 250 feet c_ Minimum setbacks (front, rear, and side): 125 feet d_ Maximum building height= 35 feet SECTION 38 -24 PAGE 112 3_ Parking Requirements One and a quarter (125) parking spaces will be provided for each individual unit; loading requirements shall be the same as in Section 38 -24_ 4_ Sign Requirements All signs showing the location of the project itself shall conform to Section 38 -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 the development first, to Beverly residents, then to immediate family members of Beverly residents, and then to residents of cities or towns which have a reciprocal agreement with the City of Beverly_ e_ A plan shall be prepared by the petitioner which shall, to the extent allowable by law, designate at least 10% of the units, or more at the discretion of the permit granting authority, for the purpose of providing affordable housing_ For the purpose of this paragraph, the definition of affordable housing shall be based on at least the Massachusetts Housing Finance Agency (MHFA) or its successor's definition of low or moderate income for family and/or individuals_ (D 5_a -e_ Rev_ 7- 20 -87) f_ The maximum density allowed shall be four dwelling units per acre_ (Rev_ 3 -6 -89) SECTION 38 -24 PAGE 113 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; Ord_ No_ 3A, 4- 22 -10) Purpose - To provide for the productive reuse of existing or former public buildings and the lots on which they are located primarily 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 and the lot on which it is located, as hereinafter defined, for residential purposes and for other supporting use(s) the Council may determine are appropriate, provided that twelve percent (12 %) of such allowed housing 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 and lot are located_ In the case of units to be owned or occupied by low or moderate income households, such units shall be subject to an affordable housing restriction that contains limitations on use, occupancy, sale, resale and rents, and provides for periodic monitoring to verify compliance with and to 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 Law_ 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_ For any special permit issued under this Section, the provisions of Section 38 -24_B_ (Open Space Residential Design — OSRD) shall be optional_ SECTION 38 -24 PAGE 114 3_ Public Building Defined - For purposes of this section, "public building" shall be defined as any building together with the lot on which it is located that is 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 US Department of Housing and Urban Development for the Boston - Cambridge - Quincy MA — NH — MSA_ 5_ Parking — Parking shall be provided as required by Section 38 -25_ of the Zoning Ordinance_ 6_ Procedure — A special permit application and twelve (12) copies of a site plan meeting the requirements of Section 38 -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 38- 28_C2_ of the Zoning Ordinance, along with any other considerations it deems advisable and reasonable within the parameters of M_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 38- 29_C_, and no subsequent site plan review by the Planning Board under Section 38 -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 38 -24 PAGE 115 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; E1_ -5_ Rev_ Ord_ No_ 3A, 4- 22 -10) SECTION 38 -24 PAGE 116 38 -25 PARKING AND LOADING REQUIREMENTS (Ord_ No_ 52, 7- 17 -13) 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 spaces if the particular use so warrants_ (Rev_ 7 -1 -92) 2_ Location of Off - Street Parking Generally a_ Residential Uses_ In all zoning districts, parking spaces for residential uses must be provided (i) on site or (ii) off -site on a privately -owned lot located within five hundred feet (500') of the property/use(s) it is designed to serve or (iii) by special permit, off - site parking in a public parking facility within five hundred feet (500') of the property/use it is designed to serve_ Five hundred feet (500') shall be measured in a straight line from the nearest point of the subject property to the nearest point of the off -site parking facility_ b_ Non - Residential Uses_ In all zoning districts, parking spaces for non - residential uses must be provided (i) on site, (ii) off -site on a privately -owned lot located within five hundred feet (500') of the property/use(s) it is designed to serve, (iii) off -site in a public parking facility located within five hundred feet (500') of the property/use(s) it is designed to serve, or (iv) on- street, if and to the extent such parking spaces are completely contained within the frontage of the property_ Five hundred feet (500') shall be measured in a straight line from the nearest point of the subject property to the nearest point of the off -site parking facility_ c_ Whenever a privately -owned parking lot is proposed to satisfy the parking requirements, evidence of authority to use such off -site location must be provided to the permit granting authority (which may be the Building Commissioner)_ In the event that conditions (such as a change in use) for off -site parking change, or if the off -site parking arrangement is SECTION 38 -25 PAGE 117 discontinued, the owner(s) shall notify the Building Commissioner in writing within ten (10) days of such change or discontinuance_ Whether or not such notice is given, if the Building Commissioner determines that a zoning violation exists as a result and the owner(s) fails to apply for the necessary remedial permit(s) /approval(s) within sixty (60) days of notice of such determination, the Building Commissioner shall require the owners to comply with the original parking requirements, or those in effect at the time of the change_ 3_ Calculations for off - street parking requirements may involve two basic calculations= a_ A baseline number of parking spaces shall be calculated in accordance with the parking schedule found in Section 38 -25_A_ Where mixed -use developments are proposed, the baseline parking requirement shall be calculated as the sum of the requirements for each use; or b_ The baseline number of off - street parking spaces required under the parking schedule found in Section 38 -25_A_ may be reduced through any individual technique or combination of techniques found in Section 38 -25_D_ Any such proposed reductions in the baseline number of spaces to be provided off - street may only be approved by the Planning Board by grant of a Special Permit as provided below, including in connection with the approval of a Special Permit under Section 38-28-C- 4- Any other deviation from all or a portion of the requirements for off - street parking must be obtained by a special permit from the Planning Board upon determination that the applicable conditions set forth in Section 38- 28_C_ will be satisfied_ (Rev_ 9- 21 -87; Ord_ No_ 61, 7- 12 -11) SECTION 38 -25 PAGE 118 USE MINIMUM OFF - STREET PARKING SPACES REQUIRED Residential uses in the CC District= (i) Residential units of 1 bedroom or 1 space per residential unit smaller 1 space per residential unit (ii) Residential units with 2 bedrooms located in the Depot Overlay District (as defined in Section 38- 17_E_) 2 spaces per residential unit (iii) All other residential units with 2 or more bedrooms Residential units in the CG, CN, WD, IG, 2 spaces per residential unit IR, RHD, RMD, R -6, R -10, R -15, R -22, R- 45, and R -90 zoning districts Rooming house, Hotel, Motel 1 space for each rental unit plus 1 space for each eight seats provided for eating and meeting facilities Bed 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_ ft_ of gross floor area (Ord_ No_ 169, 8- 27 -96) Retail Trade Establishment, Personal 1 space for every 275 sq_ ft_ of gross floor service area for those establishments under 10,000 sq_ ft_ in gross floor area; 1 space for every 200 sq_ ft_ of gross floor area for those establishments over 10,000 sq_ ft_ in gross floor area Clinic or medical buildings, including 1 space for every 150 sq_ ft_ of gross floor medical offices as an accessory use in a area residential dwelling Restaurant or similar indoor place 1 space for every 4 seats, permanent or dispensing food, drink, or refreshment otherwise_ Schools 1 space for each 500 sq_ ft_ of floor space, exclusive of basements Wholesale and storage in enclosed 1 space per 1,000 sq_ ft_ of gross floor area buildings 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 SECTION 38 -25 PAGE 119 (Rev- 7 -10 -89 & 3- 19 -91) (Ord_ No_ 169. 8- 27 -96; Ord_ No_ 207, 11 -6 -08; Ord_ No_ 72, 7 -9 -09; Ord_ No_ 61, 7- 12 -11) 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 _ 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_ 2_ 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_ SECTION 38 -25 PAGE 120 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 Research, Printing, and publishing area (Ord_ No_ 169, 8- 27 -96) Congregate Housing for the Elderly and _75 space per unit (Ord_ No_ 169, 8- 27 -96) Permanently disabled, including subsidized elderly housing facilities that provide shared living arrangements Marina _5 space per boat moored, docked, stored, or trailered_ Between September 15 and May 15 th , 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 16 th , 70 percent of the required parking spaces must be clear and available for motor vehicle parking_ By June 15 th , 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; Ord_ No_ 72, 7 -9 -09; Ord_ No_ 61, 7- 12 -11) 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 _ 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_ 2_ 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_ SECTION 38 -25 PAGE 120 3_ 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_ 4_ Commercial or industrial vehicles with more than two axles not related to a home occupation or home professional office as defined in Section 38- 2_B_36_ shall not be allowed to be parked or stored on a permanent basis without a Special Permit in a Residential District_ 5_ "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) 6_ For bed and breakfast establishments, all parking shall be off - street, not within the required front yard setback and "piggyback" 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 Special Off - Street Parking Provisions Shared On -Site Parking In all Zoning Districts (except for the IR Overlay District which is regulated by Section 38- 25_G), the Planning Board may grant a Special Permit to allow implementation of a shared parking arrangement for a mix of uses defined in the application and otherwise permitted in the applicable zoning district for a particular project_ The Special Permit may provide for a reduction of up to fifty percent (50 %) in the number of parking spaces to be provided for a mixed -use project, subject to all of the following conditions /findings= a_ The extent to which projected parking demands for the proposed uses overlap or conflict is not substantial; b_ The mix of proposed uses can reasonably be expected to share spaces compatibly, and c_ In the event that conditions (such as a change in use) change, or if the shared parking arrangement is discontinued, the owner(s) shall notify the Building Commissioner and Planning Board in writing within ten (10) days of such change or discontinuance_ Whether or not such notice is given, if the Building Commissioner determines SECTION 38 -25 PAGE 121 that a modification of the Special Permit is required and the owner(s) fail to apply to the Planning Board for such modification within sixty (60) days of such notice of such determination, or if the required modification is not granted by the Planning Board, then the Building Commissioner shall require the owners to comply with the original parking requirements, or those in effect at the time of the change, if less burdensome, in each case without reference to this subsection D_ 1 _ All special permit applications for shared parking shall be forwarded to the Parking and Traffic Commission for its comments and recommendations, which comments/recommendations shall be received by the Planning Board within thirty (30) days of submission to the Commission_ Failure to forward comments within thirty (30) days will be deemed conclusion of review by the Commission_ An applicant may use the latest peak demand analyses published by the Institute of Traffic Engineers (ITE) or another other source of information acceptable to the Planning Board to justify a request for shared parking implementation, but any such information shall not be deemed conclusive or binding on the Planning Board, and the Planning Board may grant greater or lesser relief than that requested_ 2_ Off -site Parking in a Public Parking Facility Separate from, or in conjunction with authorized Shared Parking arrangements, the Planning Board may grant a Special Permit to allow use of off -site parking in a public parking facility to satisfy a portion of the residential parking requirements of a particular project_ a_ Off -Site Parking in a Public Parking Facility The Planning Board may grant a Special Permit to allow up to twenty five percent (25 %) of the off - street parking required for residential uses, to be provided in an off -site public parking facility subject to the following conditions/findings: (i) The off -site public parking facility is located within five hundred feet (500') of the property/use it is designed to serve_ Five hundred feet shall be measured in a straight line distance from the nearest point of the subject property to the nearest point of the public parking facility, and (ii) The off -site public parking facility can reasonably be expected to have sufficient capacity to accommodate (i) the additional demand, given such factors as peak demand times for the proposed uses, and (ii) any other present or future SECTION 38 -25 PAGE 122 uses or demands on such facility that may be reasonably foreseen by the Planning Board; and In the event that conditions (such as a change in use) change, or if the off - site parking arrangement is discontinued, the owner(s) shall notify the Building Commissioner and Planning Board in writing within ten (10) days of such change or discontinuance_ Whether or not such notice is given, if the Building Commissioner determines that a modification of the Special Permit is required and the owner(s) fail to apply to the Planning Board for such modification within sixty (60) days of notice of such determination, or if the required modification is not granted by the Planning Board, then the Building Commissioner shall require the owner(s) to comply with the original parking requirements, or those in effect at the time of the change, if less burdensome_ All Special Permit applications for off -site parking shall be forwarded to the Parking & Traffic Commission for its comments and recommendations, which comments/recommendations shall be received by the Planning Board within thirty (30) days of submission to the Commission_ Failure to forward comments within thirty (30) days will be deemed conclusion of review by the Commission_ E Parking, Loading Space and Design Specifications All parking or loading areas containing over three (3) spaces including automobile service and drive -in establishments shall be either contained within buildings or other structures, or be subject to the following, as well as all specifications of the City of Beverly_ 1 _ Parking or loading spaces shall be effectively screened on each side of the parking area which adjoins or faces the side or rear lot line of premises situated in any "R" District_ The screening shall be accomplished using one of the following methods= (i) a five (5) foot wide and five (5) foot high evergreen landscaping strip; (ii) a wall or fence of uniform appearance six (6) feet in height; or (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 SECTION 38 -25 PAGE 123 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 BHD 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 BHD Zoning District_ (Ord_ No_ 207, 11 -6 -08) F Design Requirements 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_ Standard parking spaces= Each parking space shall be at least nine (9) feet in width and eighteen (18) feet in length_ Aisle width shall be a minimum of eighteen (18) feet for one -way traffic and twenty - four (24) feet for two -way traffic_ b_ Compact parking spaces= Up to twenty five percent (25 %) of the proposed parking spaces may be designed for use by compact cars and/or motorcycles and other motorized bikes, provided= (i) Each compact parking space shall be at least eight (8) feet in width and sixteen (16) feet in length_ Aisle widths shall be the same as for standard parking spaces except where SECTION 38 -25 PAGE 124 aisle(s) service(s) compact cars, motorcycles, and/or motorbikes exclusively_ In those instances aisle widths of sixteen (16) feet for one -way traffic and twenty -two (22) feet for two -way traffic are permitted_ (ii) The parking lot or area in which compact spaces will be provided must be designed and equipped with a signage system that clearly and effectively indicates the location of compact car spaces within the lot_ c_ 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_ d_ Any portion of any entrance or exit driveway shall not be closer than twenty (20) feet to the curb of an intersecting street_ e_ 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_ f_ Any entrance or exit driveway shall not exceed twenty -five (25) feet in width at a street_ g_ 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_ h_ The arrangement of all parking spaces and parking lots 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_ 3_ Incorporation in parking area design of electric -car charging stations and Low Impact Development techniques such as vegetated swales, rain gardens and permeable pavers is highly encouraged_ G 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 38 -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 SECTION 38 -25 PAGE 125 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 38 -25, by the listed percentage, as set forth below in the 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 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 SECTION 38 -25 PAGE 126 Weekday IlWeekend Night Midnight to 7 =00 a-m_ Day 7 =00 a-m_ to 6 =00 p-m_ Evening 6 =00 p-m_ to Midnight Day 6 =00 a-m_ to 6 =00 p-m_ Evening 6 =00 p-m_ to Midnight Residential 100% 60% 90% 80% 90% Manufacturing, Assembly, Processing 5% 100% 10% 10% 5% Business and Professional Office 5% 100% 10% 10% 5% Retail Establishment 5% 11 80% 90% 11 100% 70% Hotel I 70% 11 70% 100% 70% 11 100% Restaurant 10% 11 50% 100% 50% 11 100% Eating and meeting facilities associated with Hotel 10% 50% 60% 50% 60% Auditorium, Theater 10% 40% 11 100% 80% 100% School, Day -care facilities 5% 100% 10% 20% 5% All other I 100% 100% 100% 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 SECTION 38 -25 PAGE 126 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 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 38 -25 PAGE 127 38 -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 subject to regulation under this Ordinance_ SECTION 38 -26 PAGE 128 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 Section 38 -2_B_ numbers 67(a) -(t) 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 38 -26 PAGE 129 8_ In the case of any inconsistencies among the provisions of this Section 38 -26, the most restrictive provisions shall apply_ B Specific standards by zoning district 1 _ Signs permitted in any CG, CC, K or IG district a_ Wall sign One (1) permanent wall sign shall be permitted for each ground floor business' primary facade 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 facade between 30 feet and 40 feet= 30 square feet, (iii) For businesses where the primary facade 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 facade, 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 facade (that is, the length of the primary facade 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 facade (that is, the length of the primary facade 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 facade SECTION 38 -26 PAGE 130 (that is, the length of the primary facade expressed as a square footage number)_ For example, if the primary facade 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 facade) = 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 facade (that is, the length of the primary facade expressed as a square footage number)_ For example, if the primary facade 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 facade) = 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 38 -26 PAGE 131 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 sigmas Upper floor and ground floor uses= One (1) sign is permitted per business provided it does not cover any more than the lesser of- 1 _ twenty (20) percent of the window opening in which the sign is located; 2_ maximum of ten (10) square feet_ Such signs must be individual letters affixed or painted in a single window opening (see definition)_ d_ Awning signs: One (1) awning sign is permitted for each ground floor use provided that letters are painted on or integral to awning fabric, are in a maximum of one (1) line and are no larger than six (6) inches in height_ No internally illuminated awning signs are allowed_ e_ Temporary signs= Temporary exterior signs are allowed as follows= SECTION 38 -26 PAGE 132 L 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 facade sign, a canopy sign, and a gasoline price sign, provided however that such signs shall meet all of the other requirements of Section 38, 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 38 -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 38 -26 PAGE 133 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 38- 26_C_13) g_ Residential Project Signs Sign may not exceed twenty (20) square feet in area and six (6) feet in height, and may give the place name of a multiple - family dwelling complex or single - family subdivision_ h_ Projecting Signsns Projecting signs shall project no more than four (4) feet from the facade 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) i_ Sandwich Board Signs One (1) sign not exceeding two (2) feet in width and three and one half (3 V2) 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 38 -26 PAGE 134 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 BHD 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 facade_ 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 BHD 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 38 -26 PAGE 135 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 38 -26 PAGE 136 (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 facade sign, a canopy sign, and a gasoline price sign, provided however that such signs shall meet all of the other requirements of Section 38, 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 38- 26_C_, SECTION 38 -26 PAGE 137 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 38 -26_C_ 13)_ g_ Residential Project Signs Signs may not exceed twenty (20) square feet in area and six (6) feet in height, and may give the place name of a multiple - family dwelling complex or single - family subdivision_ h_ Projecting Signs Projecting signs shall project no more than four (4) feet from the facade 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) i_ Sandwich Board Signs One (1) sign not exceeding two (2) feet in width and three and one half (3 'h) 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 38 -26 PAGE 138 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 38 -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 38 -26 PAGE 139 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 any one event_ "Open House" event signs are allowed off - premises, subject to the provisions of this paragraph; (Ord_ No_ 57, 6- 20 -07) SECTION 38 -26 PAGE 140 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 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 38 -26 PAGE 141 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 38 -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 38 -26 PAGE 142 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 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 38 -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 38 -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 38 -26 PAGE 143 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 38- 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 38- 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) G_ The Zoning Board of Appeal, by Special Permit, may allow deviation from the requirements of this Section if it determines that special circumstances or conditions exist with respect to application of the requirements contained herein and that such deviation will be in harmony with the general purpose and intent of this Chapter and the general policy set forth in Paragraph A hereof and will not be injurious to the neighborhood or adversely affect abutting properties_ (Ord_ No_ 61, 7- 12 -11) SECTION 38 -26 PAGE 144 38 -27 NON - CONFORMING SITUATIONS (Ord_ No_ 57, 7- 12 -11) A Definitions 1 _ Nonconforming situations_ For the purposes of this Ordinance nonconforming situations are those uses, lots, buildings, structures, parking spaces, loading space, signs, landscaping and other activities that are now subject to the provisions of this Ordinance which were lawful before this Ordinance was adopted, or before amendments to this Ordinance which are applicable to the situation were adopted, and such situations do not now conform to the provisions of this Ordinance_ 2_ Noncomplying situations_ Those uses, lots, buildings, structures, parking spaces, loading space, signs, landscaping and other activities that are subject to the provisions of this Ordinance which were not lawfully created after this Ordinance was adopted or after amendments to this Ordinance which are applicable to those situations were adopted are in violation of this Ordinance and may be called noncomplying situations_ 3_ Noncomplying structures, 10 years or older_ In accordance with Section 7, Chapter 40A, MGL, a structure which has not been in compliance with this Ordinance, or with the conditions set forth in any special permit or variance affecting the structure, for a period of 10 years or more from the commencement of the violation may not be the subject of an enforcement action by the City to compel the removal, alteration, or relocation of such structure_ Structures which qualify under Section 7, Chapter 40A, MGL, are considered to be nonconforming structures and are entitled to treatment as such as provided in this section_ B Objectives and Applicability The provisions of this section are intended to achieve the following purposes= 1 _ To allow nonconforming situations to continue until they are discontinued or abandoned_ 2_ To encourage change in nonconforming situations toward greater compliance with the provisions, objectives, and purpose stated in this Ordinance_ 3_ To limit expansion of a nonconforming use, as measured either by the amount of floor space or land area used or by the volume of activity in the use; and to encourage the substitution of other uses, which may also be nonconforming, but which are more compatible with, and have fewer adverse impacts on, the surrounding area_ 4_ To permit some expansion of nonconforming buildings provided there are not demonstrable adverse impacts on adjoining properties_ SECTION 38 -27 PAGE 145 5. In the event of the partial destruction of a nonconforming situation, to permit the reconstruction of the nonconforming situation so that the owner and tenants, if any, are not subjected to substantial economic loss while, at the same time, seeking to achieve greater conformity with the provisions of this Ordinance and to reduce any adverse impacts on the surrounding area_ 6. To permit the treatment of nonconforming situations to be varied by the type of zoning district and the type of nonconformity, i_e_ to have a different approach for uses, structures, parking or lots_ C General provisions Continuation of non - conforming situations. A use, building, structure, parking space, loading bay, sign, landscaping or any other activity which is nonconforming, but not noncomplying, may be continued but may not be increased or expanded except as may be specifically authorized by this Ordinance_ If a nonconforming situation is abandoned or terminated, as set forth below, it may not be resumed except in compliance with this Ordinance_ 2. Lawfully created_ A use, building, structure, lot, parking space, loading bay, sign, landscaping or any other activity is considered to be lawfully created, with respect to zoning requirements, if_ a_ It was in existence on February 23, 1939 when the Beverly Zoning Ordinance was originally adopted; or b_ Subsequent to February 23, 1939, it was permitted by right by the Beverly Zoning Ordinance and was in existence prior to the effective date of any amendment which renders it nonconforming, and, if required at the time of its creation, a building permit or certificate of occupancy was issued_ 3. Evidence of lawful creation_ As the records of the Building/Inspection Department in earlier years are incomplete, the Building Inspector or his designee may accept such evidence of lawful creation for those years as he /she may deem to be adequate in lieu of official City records_ D Special permit, finding, and variance are not nonconforming A use, building, structure, lot, parking space, loading bay, sign, landscaping or any other activity which is not otherwise permitted by right and does not comply with this Ordinance, due to the granting of a variance, a finding in accordance with M_G_L_ Chapter 40A, Section 6, or a special permit, is not a nonconforming situation, is not entitled to the treatments afforded by this Ordinance and is bound to the conditions of the special permit, finding or variance, as granted_ SECTION 38 -27 PAGE 146 2_ In the case of a special permit, finding, or variance which is not entitled to treatment as a nonconforming situation, the Zoning Board of Appeals may grant an additional special permit, finding, or variance which has the effect of changing, extending or altering said special permit, finding, or variance , provided the Zoning Board of Appeals finds that= a_ such change, extension, or alteration will not be substantially more detrimental than the existing non - conforming structure or use to the neighborhood; and b_ 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; and c_ that such structure or use is not increased in either building volume, footprint or area by more than twenty -five percent (25 %) after July 12, 2011, unless the Zoning Board of Appeals finds that the proposed increase in volume, footprint or area improves the exterior architectural appearance of the structure, in which event building volume, footprint or area may be increased up to fifty percent (50 %) after July 12, 2011 _ E Once in conformity, or closer to conformity, cannot revert Once a use, building, structure, lot, parking space, loading space, sign, landscaping or any other activity which had been nonconforming is brought into conformity with this Ordinance, it shall not be permitted to revert to nonconformity_ Once a use, building, structure, lot, parking space, loading bay, sign, landscaping or any other activity which is nonconforming is brought into closer conformity with this Ordinance (i_e_ the amount or degree of nonconformity is reduced), it shall not be permitted to revert to nonconformity with the provisions of this Ordinance which is greater than the closest amount or degree of conformity which it has achieved_ F Change in lot that results in noncompliance No lot upon which there is a building or for which a building permit is in force shall be subdivided or otherwise changed in area or shape, except through public acquisition by eminent domain, so as to result in a violation, applicable to either the lot or the building, of the dimensional and other applicable requirements of this Ordinance_ A lot already nonconforming shall not be changed in area or shape so as to increase the degree of nonconformity with the requirements of this Ordinance; a nonconforming lot may be changed in area or shape to move closer to conformity with the requirements of this Ordinance_ If land is subdivided, conveyed or otherwise transferred in violation hereof, no building permit, special permit, variance, finding, certificate of occupancy or approval of a plan under the Subdivision Control Law shall be issued with reference to said transferred land until both the lot retained and the newly created lot(s) meet the requirements of this Ordinance_ SECTION 38 -27 PAGE 147 G Nonconformity resulting from public action If, as a result of public acquisition, a use, building, structure, lot, parking space, loading space, sign, landscaping or any other activity no longer complies with this Ordinance, it shall be considered to be nonconforming and entitled to the treatment afforded by this article provided it was in compliance at the time of the public acquisition_ H Discontinuance or abandonment 1 _ A nonconforming situation is considered to be discontinued or abandoned whenever= a_ It is not used for a period of 24 consecutive months; or b_ There is evidence of discontinuance or abandonment and it is apparent that the owner does not intend to resume the nonconforming situation_ 2_ In the administration of Subsection H_ 1 _b_ above, evidence of discontinuance or abandonment shall be= a_ Bringing the use, structure or other nonconformity into compliance with this Ordinance; or b_ Ceasing to be open to the public for the conduct of business for a period of six continuous months, and one or more of the following= i_ Removal of customary equipment or supplies for the operation of a use_ ii_ Disconnecting electrical, gas or other utility services_ iii_ Failure to provide for operation in colder weather such as ceasing to heat the building at normal levels required by health regulations or failing to provide snow removal_ iv_ Issuance of a notice of an unsafe structure by the Building Commissioner or designee_ 3_ In the event that the Building Commissioner or designee has evidence of discontinuance or abandonment, he /she shall communicate with the owner of record, by certified mail, inquiring as to the owner's intent and informing the owner of the potential loss in nonconforming status_ Such owner shall be allowed a period of 30 days from the transmittal of such communication in which to respond and to take action_ 4_ Discontinuance or abandonment of a part of a nonconforming use, structure or situation shall not normally be considered to be evidence of discontinuance or abandonment of the whole unless that part which is discontinued or abandoned is the part which causes the nonconformity_ SECTION 38 -27 PAGE 148 Change of Ownership. Tenancy, or Manama The rights of a nonconforming use, structure, building, lot, parking space, loading bay, landscaping or other situation are not affected by a change in ownership, tenancy or management unless such ownership, tenancy or management is specifically a condition of the issuance of a permit_ J Nonconforming uses A nonconforming use may be continued to the same degree and for the same purpose but may not be altered, expanded or extended except as permitted by this Section_ A nonconforming use shall be considered to be altered, expanded or extended if there is an increase in the net floor area, or an increase in the number of employees, or a substantial increase in the number of automobile or truck traffic trips generated by the use, or an increase in the hours of operation, or a change from seasonal to full -time operation, since the use first became nonconforming_ 2_ A nonconforming use is limited to the lot on which it is located and cannot be relocated to another lot_ 3_ Substitution of nonconforming use_ The Zoning Board of Appeals (ZBA) may issue a special permit to allow a new use, not otherwise permitted by right in the zoning district in which the nonconforming use is located, to be substituted for the existing nonconforming use subject to the condition that the new use is no less compatible with the zoning district in which the nonconforming use is located than the existing nonconforming use it replaces_ In this context, "no less compatible" shall mean it complies with the criteria set forth in Section 38- 28_C2_ of the Zoning Ordinance_ 4_ If a new use, not otherwise permitted by right in the zoning district in which it is located, is allowed by a special permit granted under Section J-3-b- above, the new substituted use shall be considered to be the nonconforming use_ The previous nonconforming use shall not be reestablished_ K Nonconforming buildings 1_ One family or two-family dwelling_ a_ An existing nonconforming one - family or two - family dwelling which is nonconforming with respect to a minimum yard setback may be enlarged or extended in any other direction in compliance with this Ordinance by up to twenty five percent (25 %) in either building volume, footprint or area after July 12, 2011 through the issuance of a building permit as provided in Section 38 -29_ An existing nonconforming one - family or two - family dwelling which is nonconforming with respect to a minimum yard setback SECTION 38 -27 PAGE 149 may be enlarged or extended in any other direction in compliance with this Ordinance by more than twenty five percent (25 %) in either building volume, footprint or area after July 12, 2011, provided the ZBA grants a special permit in accordance with Section 38- 28_C_2_ b_ That part of an existing nonconforming dwelling which is nonconforming with respect to a minimum yard setback may be enlarged or extended in that yard, provided the ZBA grants a special permit and provided that the degree of nonconformity is not greater than 50% of the required minimum yard setback_ 2_ Other Than One or Two Family Dwelling_ a_ An existing nonconforming building, other than a one - family or two - family dwelling, which is nonconforming with respect to a minimum yard setback may be enlarged or extended in any other direction in compliance with this Ordinance by the issuance of a building permit, provided that such structure or use is not increased in either building volume, footprint or area by more than twenty - five percent (25 1 /6) after July 12, 2011, unless the Zoning Board of Appeals determines that the proposed increase in volume, footprint or area improves the exterior architectural appearance of the structure, in which event building volume, footprint or area may be increased up to fifty percent (50 %) after July 12, 2011 provided all other uses, structures and activities on the lot comply fully with the requirements of this Ordinance_ b_ An existing nonconforming building, other than a one - family or two - family dwelling which is nonconforming with respect to any zoning provision other than a minimum yard setback, may not be enlarged or extended except by special permit from the ZBA_ 3_ Noncomplying building. a_ If a building, or a part of a building, does not comply with the applicable dimensional standards other than minimum lot area or minimum lot frontage, or those that were in effect when it was constructed, and the building was constructed in accordance with a building permit issued by the City except for such dimensional noncompliance, it shall be considered to be a nonconforming building, and entitled to treatment as such, if the following conditions are met= i_ The noncompliance has existed for at least six years during which time no enforcement action under the provisions of Section 38 -29 of this Ordinance has been taken; and SECTION 38 -27 PAGE 150 ii_ The noncompliance was not created or increased by changes in lot lines after the construction of the building_ b_ If a building, or a part of a building, does not comply with the applicable dimensional standards, other than minimum lot area or minimum lot frontage, or those that were in effect when it was constructed but the building was not constructed in accordance with a building permit duly issued or there is no evidence a building permit was issued, the ZBA may grant a special permit for the continued use of the building under the provisions of Section 38-28-C- L Nonconforming lots A lot which does not comply with the provisions of this Ordinance with respect to minimum lot area, minimum lot frontage, or minimum lot width or with the requirements then in effect at the time of recording or endorsement of the plan, whichever occurred first, may not be subdivided or otherwise changed in area or shape, except through public action, so as to be in violation of the provisions of this Ordinance_ A lot already nonconforming with respect to those provisions shall not be changed in area or shape so as to increase the degree of noncompliance_ A lot which is nonconforming with respect to those provisions may be changed to be made closer in compliance, but once brought closer into compliance, i_e_ the amount or degree of nonconformity is reduced, it shall not be permitted to revert to a degree of noncompliance which is greater than the closest amount or degree of compliance which it has achieved_ M Nonconforming off - street parking and loading Existing nonconforming parking spaces or loading space_ Any off - street parking spaces or loading space in existence on the effective date of this Ordinance or thereafter established, which serve a building or use, may not be reduced in number, or changed in location or design contrary to the requirements of Section 38 -25 of this Ordinance so as to increase the degree of nonconformity with the requirements of that Section_ a_ If the use of an existing structure or lot which does not have sufficient parking or loading (including a use which has no off - street parking or loading) is changed to a different type of use for which a different number of parking spaces or loading space is required as set forth in Section 38 -25 of this Ordinance and there is no increase in the net floor area, then the following rules shall apply_ i_ If there is a net increase in the number of required parking spaces or loading space resulting from a change to an existing non - conforming situation, that net increase in SECTION 38 -27 PAGE 151 required parking spaces or loading space as set forth in Section 38 -25 of this Ordinance shall be provided unless the Special Permit Granting Authority for the respective zoning district shall grant a waiver from the requirement to provide additional parking spaces or loading space if it finds that one or more of the following criteria are met= (a) That the current parking and/or loading supply for the existing use is adequate to serve the expected parking demand of the non - conforming situation, as changed; (b) That sufficient parking or loading space exists on- street and/or in nearby public parking lots to meet the expected increase in parking supply needed for the non - conforming situation, as changed; b_ If it is proposed to increase the net floor area of a building, whether by addition to the exterior of the building or by internal reconstruction, and the building does not have sufficient off - street parking or loading, full compliance with Section 38 -25 of this Ordinance for the entire building shall be a condition of the issuance of a building permit for the construction of the increase of net floor area unless the Special Permit Granting Authority shall grant a waiver in accordance with Section 38 -27_M_ 1 _a_i__ c_ Parking spaces or loading space in existence as of the date of any zoning or other ordinance change that renders existing parking spaces or loading space non - conforming, which serve existing uses may be counted toward the number needed for the increase in the net floor area of an existing building or the change from one type of use to another, but not for a new building, even if they do not conform to the requirements of Section 38 -25, provided they comply to the maximum extent practicable_ An applicant seeking such credit for existing parking spaces or loading space shall first submit an off - street parking and loading plan certified by a registered land surveyor or professional engineer showing the number and dimensions of existing parking spaces and/or loading space, the type of surfacing material as well as documentation as to the spaces' existence prior to the adoption of the ordinance change which rendered the parking situation non- conforming_ If the existing paved area is not marked off into parking spaces or loading space, such spaces or loading space, complying with Sections 38 -25_D_ and 38 -25_E_ of this Ordinance shall be delineated on the plan_ To qualify, an existing parking space or loading space shall be entirely on the same lot as the use it SECTION 38 -27 PAGE 152 serves, or on a contiguous lot, or on a nearby lot provided that it is located within 500' of the main entrance to the use it serves_ 2_ Parking and loading requirements for a building destroyed, damaged or demolished_ a_ If a building, for which sufficient off - street parking or loading is not provided, is destroyed, damaged or demolished by the owner, the building may be reconstructed or replaced if otherwise permitted by this Ordinance, without providing additional parking spaces or loading space provided the new use is the same type and degree of use (see Section 38- 25_A_) as the use before the destruction, damage or demolition, or is a type of use that requires the same or fewer parking spaces or loading space_ If parking spaces and/or loading space were provided before the destruction, damage or demolition, at least the same number of spaces and/or loading space shall be provided_ b_ If the reconstructed building will be occupied by a different use, for which a greater number of parking spaces or loading space is required full compliance with Section 38 -25 of this Ordinance for the entire building shall be a condition of the issuance of any building permit for the reconstruction or replacement of the building_ c_ If the building is reconstructed with more net floor area than previously existed, full compliance with Section 38 -25 of this Ordinance will be required unless= i_ The Special Permit Granting Authority for the zoning district in which the property is located grants a waiver of the parking requirement for the additional net floor area in accordance with Section 38- 27_M_1_a_i_; and ii_ At least the same number of parking spaces and/or loading space that was provided before the destruction, damage, or demolition are provided_ N Repair and reconstruction 1 _ Continuance, repairs_ Routine maintenance and repairs are permitted to a nonconforming structure, building, sign, parking space, loading space, landscaping, or other nonconforming situation to maintain it in sound condition and presentable appearance_ With respect to signs, the term "routine maintenance and repairs" shall not include any changes to colors, text, lighting mechanism, or location_ Such activities must be approved by the Design Review Board and may be subject to the issuance of a permit by the Building Inspector_ 2_ Reconstruction after destruction (by right)_ Any nonconforming use, structure, building, sign, parking space, loading space, landscaping, or other nonconforming situation which is destroyed or damaged by SECTION 38 -27 PAGE 153 explosion, collapse, fire, storm, natural disaster or other catastrophic event which is beyond the control of the owner, to the extent of not more than 50% of its replacement cost, as determined by the Building Commissioner or designee, may be reconstructed through the issuance of a building permit provided that (a) such structure or use is not increased in volume, footprint, or area by more than twenty five percent (25 %) in either building volume, footprint, or area and (b) the reconstruction conforms to the current requirements of this Ordinance to the maximum extent practicable in the opinion of the Building Commissioner or designee_ In this context, maximum extent practicable shall consider extreme site conditions, such as steep grades, the presence of ledge or other unsuitable soil conditions, or the shape and configuration of the lot_ 3. Reconstruction after destruction (by special permit). The ZBA may grant a special permit for the reconstruction of a nonconforming use, structure, building, sign, parking space or loading space or other nonconforming situation which is destroyed or damaged by explosion, collapse, fire, storm, natural disaster or other catastrophic event which is beyond the control of the owner, to the extent of more than 50% of its replacement cost, as determined by the Building Commissioner or designee, or by the proposed voluntary action of the owner to demolish, in whole or in part, provided the ZBA determines that= a_ That such structure or use is not increased in either building volume, footprint or area by more than fifty percent (50 %). b_ The reconstruction conforms to the current requirements of this Ordinance to the maximum extent practicable as described in Subsection M2_ above_ c_ In the case of the reconstruction of a nonconforming use, that it complies with the standards for the substitution of a nonconforming use described in Subsection J_3_ above- 0 Vesting of rights during adoption of amendments 1 _ A use, building, structure, sign, parking space, loading space, landscaping, or other situation which would comply with the provisions of this Ordinance at the time at which a building permit is issued or a special permit is granted but would not comply with a proposed amendment to this Ordinance shall be considered to be nonconforming and may be completed, continued or maintained provided= a_ The building permit was issued or special permit was granted before the first publication of notice of public hearing on the proposed amendment (the filing of an application for either a SECTION 38 -27 PAGE 154 building permit or a special permit is not sufficient to vest rights); and b_ Substantial physical construction or start of operations is begun within six (6) months of the issuance of a building permit or within two (2) years of the grant of a special permit and is carried through to completion as continuously and expeditiously as is reasonable in the opinion of the Building Commissioner or designee_ If the construction is not completed within 18 months of the issuance of the building permit, the rights to nonconforming status shall cease and the construction shall comply with this Ordinance, as amended_ 2_ In the event of the filing and subsequent approval of a definitive subdivision plan an exemption from an amendment to this Ordinance and a right to be treated under the previously existing provisions of this Ordinance may be vested as set forth in Section 6 of the Zoning Act, Chapter 40A, MGL_ 3_ In the event of the filing and subsequent endorsement of an "approval not required" plan, referred to in Section 81P of Chapter 41, Sections 81K- 81GG, the Subdivision Control Law, an exemption from an amendment to this Ordinance affecting the use of land only and a right to be treated under the previously existing provisions of this Ordinance may be vested as set forth in Section 6 of the Zoning Act, Chapter 40A, MGL_ Such exemption shall apply only in the case of the endorsement of a plan showing a division of land, as defined in M-G_ L_ Chapter 41, Section 81L of the Subdivision Control Law, in which there is a change in lot lines and shall not apply in the case of the endorsement of a plan which confirms existing lot lines without change_ 4_ In the event that rights have been vested under a previous version of the Zoning Ordinance, an owner may proceed as if that version of the Zoning Ordinance applied to his/her property or he /she may use the most current version of the Zoning Ordinance but must use either version of the Zoning Ordinance fully and cannot select provisions of both versions_ P Certificate of occupancy or registration The Building Commissioner or designee may issue a certificate of occupancy or certificate of registration of nonconformity that acknowledges the existence of a use, structure, building, lot, sign, parking space, loading space, landscaping or other situation which is believed to be nonconforming_ The issuance of either certificate shall not be a final determination by the Building Commissioner or designee, unless so stated, that the apparent nonconformity was lawfully created but is a means of recording the size, characteristics and degree of nonconformity at the time of issuance of the certificate_ SECTION 38 -27 PAGE 155 38 -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 38 -28 PAGE 156 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 Authority for Special permits in the CC, WD or WDR District (except for Bed & Breakfast establishments), the IR Overlay or WSPOD Districts and for Special Permits concerning Floor Area Ratio (FAR) bonus, pork chop shaped lots, deviations from the requirements for off - street parking, Congregate Elderly Housing and Inclusionary Housing_ The City Council, not the Board of Appeals, will be the Special Permit Granting Authority for Special Permits concerning the residential reuse of existing and former public buildings_ (Ord_ No_ 57,7-17-13) 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_ (Deleted by Ord_ No_ 57, 7- 17 -13) SECTION 38 -28 PAGE 157 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 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 SECTION 38 -28 PAGE 158 owner and is necessary for a reasonable use of the land or building_ c_ The granting of the variance will be in harmony with the general purpose and intent of this Chapter, and will not be injurious to the neighborhood or otherwise detrimental to the public welfare_ In addition to considering the character and use of nearby buildings and land, the Board in determining its finding, shall take into account the number of persons residing or working in such buildings or upon such land and the present and probable future traffic conditions_ 2_ In acting on any variance, the Board of Appeals shall consider one or more of those factors set forth under Section 38- 27_c2_ 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 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 38 -28 PAGE 159 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, Findings and Variances Procedural requirements for Special Permits, Findings and Variances shall be in accordance with Chapter 40A, Massachusetts General Laws on file with the City Clerk_ Optional procedure 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, except the Planning Board, not the Zoning Board of Appeals, will be the Special Permit Granting Authority for Special Permits in the CC, BHD or WDR Districts (except for Bed and Breakfast establishments), the IR Overlay or WSPOD Districts and for Special Permits concerning Floor Area Ratio (FAR) bonus, pork chop shaped lots, deviations from the requirements for off - street parking, Congregate Elderly Housing and Inclusionary Housing_ The City Council, not the Board of Appeals, will be the Special Permit Granting Authority for Special Permits concerning the residential reuse of existing and former public buildings_ Subsequent to a Special Permit, Finding, or Variance granted by the Zoning Board of Appeals, minor modifications to the application and/or plan may be made from time to time in accordance with applicable City ordinances and regulations_ The development approved under such Special Permit, Finding, or Variance shall otherwise be in accordance with the approved plans and such conditions, as may be included, in the decision of the Zoning Board of Appeals_ The applicant shall notify the Zoning Board of Appeals in writing well in advance of any such modification, which shall not be effective until approved by vote of the Zoning Board of Appeals_ The developer shall also submit a plan depicting such modification_ Should the Zoning Board of Appeals determine that such revisions are not minor, it shall order that an application for SECTION 38 -28 PAGE 160 modification of a Special Permit, Finding or Variance be filed and a public hearing be held in the same manner as set forth for such applications_ (Ord_ No_ 57,7-17-13) 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 38 -28 PAGE 161 38 -29 ADMINISTRATION AND ENFORCEMENT (Ord_ No_ 35, 6- 11 -07) A Building jpector 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 38 -29 PAGE 162 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 H 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 38- 17_D2, 3, or 5 shall be subject to site plan review_ TABLE I= NEW CONSTRUCTION Zoning Classification Building Size Requiring Site Plan Review IG 5,000 sq_ ft_ (Rev_ 7 -1 -92) IR 25,000 sq_ ft_ or more than one (1) structure on a lot CG Lot coverage over 65% CC 1,000 sq_ ft_ CN 1,000 sq_ ft_ BHD 1,000 sq_ ft_ (Rev_ 7 -1 -92) HD 5,000 sq_ ft_ (Rev_ 7 -1 -92) Multi - family Over ten (10) units; more than two (2) townhouses or similar building type on a single lot TABLE IL EXPANSION CONSTRUCTION Zoning Classification Percent Increase in Gross Square Footage Requiring Site Plan Review IG -zoned buildings over 10,000 sq_ ft_ 30% IR -zoned buildings over 25,000 sq_ ft_ or more 30% than one structure on a lot CG -zoned buildings with total lot coverage 1% exceeding 65% CC -zoned buildings over 1,000 sq_ ft_ 40% SECTION 38 -29 PAGE 163 CN -zoned buildings over 1,000 sq_ ft_ 40% BHD -zoned buildings over 5,000 sq_ ft_ 20% (Rev_ 7 -1 -92) HD -zoned buildings over 5,000 sq_ ft_ 20% (Rev_ 7 -1 -92) Multi - family buildings over ten (10) units, or 20% more than two (2) townhouses or similar building type on a lot 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 17 "_ 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 38 -29 PAGE 164 Traffic Commission_ All applications for site plan review will also be forwarded to the City Engineer for his review and approval_ The Beverly Harbor Management Authority (BMHA) shall be given notice and forwarded applications for projects seeking site plan review in the Beverly Harbor District and may comment on a project in accordance with Section 7.24 (b) of the City of Beverly Ordinances and the Acts of 1987, Chapter 221 _ 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 HVAC equipment and other noise emitting equipment proposed on the roof of the building(s) or elsewhere on site; SECTION 38 -29 PAGE 165 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 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; i_ Information sufficient to demonstrate that satisfactory arrangements will be made to facilitate traffic movement to, from, and within the site, such arrangements to be subject to the review and approval of-the Parking and Traffic Commission ( "sufficient information" may require the submission of a traffic study); and j_ Any additional data (including but not limited to drainage studies, demographic studies, 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 38 -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 SECTION 38 -29 PAGE 166 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 or the Planning Board in granting a variance, Special Permit, or site plan review, or any plan(s) specifically cited in either Board's approval(s), shall cause the violator to be liable for a fine not to exceed $50.00 for each day such violation continues unabated after the remedy of same is ordered by the Building Inspector_ In addition, the Building Inspector may elect to withhold occupancy permits until any such failure is remedied to the respective board's satisfaction_ 3_ Wherever any violation of this ordinance occurs, any person may file a complaint in regard thereto in writing to the Building Inspector_ The Building Inspector shall immediately investigate said complaint and, finding a violation to exist, shall act according to Section 38- 29_D_1_ of this Ordinance_ (Ord_ No_ 35, 6- 11 -07) SECTION 38 -29 PAGE 167 38 -30 AMENDMENT A Proposed amendments to the Zoning Ordinance shall be made in accordance with the procedures provided by Chapter 40A of the Massachusetts General Laws on file with the City Clerk_ Optional provisions of Chapter 40A concerning the amendment process are not included in this Ordinance_ SECTION 38 -30 PAGE 168 38 -31 OVERLAY DISTRICT($) A FOD - Floodplain Overlay District 1 _ Purpose The purposes of the Floodplain Overlay District are to protect the health and safety of residents of lands subject to seasonal or periodic flooding and to minimize future flood damage by providing for the maintenance of existing waterways, water bodies, and wetlands through a floodplain management program_ 2_ Definitions For purposes of this subsection, the following terms shall have the following meanings= a_ Area of Special Flood Hazard Land in a floodplain that is subject to a one percent or greater chance of flooding in any given year and which is designated on a FIRM as Zone A, AO, AH, AE, A99, VE, or V_ b_ Base Flood The flood having a one percent chance of being equaled or exceeded in any given year_ c_ Coastal High Hazard Area An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high velocity wave action from storms or seismic sources and designated on a FIRM as Zone V or VE_ d_ Development Any manmade change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations_ e_ Federal Emergency Management Agency (FEMA The federal agency which administers the National Flood Insurance Program and provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas_ f_ Five Hundred Year Flood A general and temporary condition of partial or complete inundation of two or more SECTION 38 -31 PAGE 169 acres of normally dry land areas or of two or more properties that have a two tenths of one percent (0.2) annual chance of flooding and which are located outside of special flood hazard areas_ g_ Flood (or flooding) A general and temporary condition of partial or complete inundation of normally dry land areas or of two or more lots_ This inundation can result from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source, or from mudflow_ h_ Floodway The channel of a river 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- i_ Flood Insurance Rate Map (FIRM): An official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk premium zones applicable to the community_ j_ Flood Insurance Study An examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood - related erosion hazards_ k_ Lowest Floor The lowest floor of the lowest enclosed area (including basement or cellar)_ An unfinished or flood resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement or cellar is not considered a building's lowest floor provided that such enclosure is not built so as to render the structure in violation of the applicable non - elevation design requirements ofNFIP Regulations 60.3_ 1_ New Construction For floodplain management purposes, structures for which the "start of construction" commenced on or after the effective date of a floodplain management regulation adopted by the City of Beverly_ For the purpose of determining insurance rates, the term "new construction" means structures for which the "start of construction" commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later_ SECTION 38 -31 PAGE 170 m_ One Hundred Year Flood see Base Flood_ n_ Regulatory Floodway see Floodway_ o_ Special Flood Hazard Area An area having special flood and/or flood related erosion hazards, and shown on a FIRM as Zone A, AO, AE, A99, AH, V, or VE_ P_ Structure For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home_ For insurance coverage purposes, the term "structure" means a walled and roofed building, other than a gas or liquid storage tank that is principally above ground and affixed to a permanent site, as well as a manufactured home on foundation_ For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises_ q_ Substantial Damage Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before - damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred_ r_ Substantial Improvement Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred_ For the purposes of this subsection, the term "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure- s_ Zone A = The 100 -year floodplain area where the base flood elevation (BFE) has not been determined_ To determine the BFE, use the best available federal, state, local or other data_ t_ Zone AE (for new and revised maps): That portion of the 100 -year floodplain where the base flood elevation has been SECTION 38 -31 PAGE 171 determined_ (Note that Zone AE replaces Zones Al -30 on maps created in and prior to 1987)_ u_ Zone AH and Zone A0 = That portion of the 100 -year floodplain with flood depths of 1 to 3 feet_ v_ Zone X = Areas in Beverly identified by a FEMA- conducted Flood Insurance Study as those of moderate or minimal flood hazard_ (Note that Zone X replaces Zones B and C on maps created in and prior to 1987)_ w_ Zone VE = Areas in Beverly identified by a FEMA- conducted Flood Insurance Study as special flood hazard areas along a coast subject to inundation by a 100 -year flood with additional hazards due to velocity (wave action) for which base flood elevations have been determined_ 3_ Use Regulations The Floodplain Overlay District is herein established as an overlay district and includes all special flood hazard areas within the City of Beverly currently designated as Zone A, AE, AH, AO, A99, V or VE on the Essex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program_ The map panels of the Essex County FIRM that are wholly or partially within the City of Beverly are panel numbers 25009C0408F, 25009C0409F, 25009C0428F, 25009C0429F, dated July 3, 2012; and 25009C0416G, 25009C0417G 25009C0433G, 25009C0436G, 25009C0437G, and 25009C044IG dated July 16, 2014_ The exact boundaries of the Floodplain Overlay District may be defined by the 100 -year base flood elevations shown on the FIRM and by Flood Insurance Study (FIS) report(s) for Essex County prepared by FEMA dated July 16, 2014_ Prior to July 16, 2014, please refer to the July 3, 2012 FIRM panels_ The aforementioned FIRM panels and FIS report are incorporated herein by reference and are on file with the City Engineer_ (Ord_ 104, 6- 19 -14) The Floodplain Overlay District is established as an overlay district to all other districts_ All development in the overlay district, including structural and non - structural activities, whether permitted by right or by special permit, must comply with all other applicable local, State and Federal laws_ These laws include (but are not limited to) the City of Beverly Zoning Ordinance, M_G_L_ Chapter 131, Section 40 and the City of Beverly Wetlands Protection Ordinance, sections of the SECTION 38 -31 PAGE 172 Massachusetts State Building Code (780 CMR) which address floodplain and coastal high hazard areas, and DEP regulations, restrictions and requirements for wetlands protection, inland and coastal wetlands and requirements for sanitary sewage subsurface disposal_ 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 Insurance Rate Map for Beverly_ b_ In zone VE, (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_ c_ A floodplain development permit shall be obtained before any construction or development begins within any area of special flood hazard as determined by Beverly's Flood Insurance Rate Maps_ 4_ Application Requirements Application for a development permit shall be made on forms furnished by the Municipal Inspections Department_ The form must be accompanied by the following= a_ A narrative that describes the extent to which any water course will be altered or relocated as a result of the proposed development_ Note that no encroachments may be proposed within a designated floodway (see Section 38- 31_A_3_a_)_ Ina riverine situation where alteration or relocation of a watercourse is proposed, the applicant shall notify by certified mail, return receipt requested, all adjacent communities, the NFIP State Coordinator for the MA Department of Conservation and Recreation and the NFIP Program Specialist for the Federal Emergency Management Agency Region 1 _ Proof of notification shall be submitted with the floodplain development permit application_ b_ 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 with the floodplain development permit application_ Specifically, the following information is required on the plan_ SECTION 38 -31 PAGE 173 i 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 Municipal Inspections Department and City Engineer's office_ ii In Zone A where flood base elevation data is not provided on the FIRM, 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 requirements of the floodplain overlay district ordinance_ iii Information as to the elevation in relation to mean sea level of the lowest floor of all structures (including basements)_ c_ All permits for construction in the Floodplain Overlay District shall be subject to administrative review by the City's Health Department, Municipal Inspections Department, Engineering division of the Public Services Department and Conservation Commission_ d_ In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge_ e_ Base flood elevation data is required for subdivision proposals or other developments greater than ten (10) lots or two (2) acres, whichever is the lesser, within unnumbered A zones_ f_ Within Zones AH and AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures_ g_ Man -made alteration of sand dunes within Zone VE which would increase potential flood damage is prohibited_ h_ All subdivision proposals must be designed to assure that= SECTION 38 -31 PAGE 174 i_ Such proposals minimize flood damage; ii_ All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and iii_ Adequate drainage is provided to reduce exposure to flood hazards_ (Ord_ No_ 102, 7 -5 -12) 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_ C WATER SUPPLY PROTECTION OVERLAY DISTRICT (Ord_ No_ 169 of 2012 and Ord_ No_ 76 of 2013, 6 -19 -2013 1. Purpose The purposes of the Water Supply Protection Overlay District (WSPOD) are to: a. protect and promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions and businesses of the City of Beverly_ b. protect and preserve watersheds, surface waters, groundwater, and aquifers for existing drinking water supplies and potential sources of drinking water supplies; C. inhibit temporary and permanent contamination of watersheds, surface waters, and groundwater in the WSPOD; d. protect the community by restricting and controlling activities which are likely to have significant adverse impact(s), immediate or cumulative, upon the quality of the surface water and groundwater in the WSPOD; and C. work in support of the Salem & Beverly Water Supply Board, which has primary responsibility for the distribution and protection of the water supply for Beverly, Salem and parts of Wenham, and has ultimate authority for those activities. 2. Applicability The Water Supply Protection Overlay District is superimposed over the underlying districts set forth in the Zoning Ordinance (Article XXXVIII of the Beverly City Ordinances) and shall apply to all new construction, SECTION 38 -31 PAGE 175 reconstruction, or expansion of existing buildings and new or expanded uses_ Within the Water Supply Protection Overlay District, the requirements of the underlying district continue to apply except where the requirements of the Water Supply Protection Overlay District are more stringent_ 3. Definitions For the purposes of this Section, the following terms and words are given the meanings stated below (for other terms or words see Section 29 -2, DEFINITIONS): a_ Petroleum Product: Petroleum or petroleum by- product including, but not limited to: fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity_ The term "petroleum product" shall not include liquefied petroleum gas including, but not limited to, liquefied natural gas, propane or butane_ b_ Propane: A colorless, hydrocarbon gas liquefied when under pressure_ C. Recharge Area: An area that collects precipitation or surface water to re- supply a water body or aquifer as defined in 310 CMR40.00 and 310 CMR 22.00 inclusive_ d_ Salem and Beverly Water Supply Board (SBWSB): A regional agency comprising the Cities of Salem and Beverly, which oversees and regulates the quality of the drinking water as well as the quantity of potable water necessary to ensure an adequate supply to the two affected communities as well as to parts of the Town of Wenbam_ The SBWSB consists of 1) the Beverly City Engineer 2) a Beverly citizen appointed by the Mayor of Beverly 3) The Salem Director of Public Works 4) a Salem citizen appointed by the Mayor of Salem and 5) A person who does not reside in, own property or have business interests in either the City of Beverly or Salem, who is appointed by the Governor of the Commonwealth and serves as the chairman of the Board_ C. Sludge: The solid, semi -solid, and liquid residue that results from a process of wastewater treatment or drinking water treatment_ Sludge does not include grit, screening, or grease and oil which are removed at the head -works of a facility_ SECTION 38 -31 PAGE 176 f Treatment Works_ Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment; disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal_ g_ Very Small Quantity Generator: Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) per month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136_ h. Watershed. The area contained within the geomorphic or topographic boundaries of higher elevations which cause surface water and/or groundwater to drain or flow to lower elevations into water used as a public water source_ 4_ Delineation of Water Supply Protection Overlay District The Water Supply Protection Overlay District shall be as shown on the official City of Beverly Zoning Map_ 5_ Prohibited Uses or Activities The following uses and activities are expressly prohibited within the Water Supply Protection Overlay District: a_ storage of chemical or petroleum products of any kind except for: i_ products stored in a free - standing container of less than 15 gallons capacity, ii_ heating fuel product stored in the building where that fuel is to be utilized; propane gas, stored above ground, to be used for residential home heating purposes; and iv_ 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_ v_ the storage incidental to: SECTION 38 -31 PAGE 177 a. normal household use, outdoor maintenance, or the heating of a structure; or b. the use of emergency generators; or C. a response action conducted or performed in accordance with M.G.L. c21E and 310 CMR 40.000 and which is exempt from a groundwater discharge permit pursuant to 314 CMR 5.05(14); vi. or the storage is within a building, either in container(s) or above - ground tank(s), or outdoors in covered container(s) or above - ground tank(s) in an area that has a containment system designed and operated to hold either 10 of the total possible storage capacity of all containers, or 110% of the largest container's storage capacity, whichever is greater. However, these storage requirements do not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline provided the replacement is performed in accordance with applicable state and local requirements; b. treatment or disposal works subject to 314 CMR 3.00 or 5.00, except the following: i_ the replacement or repair of an existing treatment or disposal works that will not result in a design capacity greater than the design capacity of the existing treatment or disposal works; treatment or disposal works for sanitary sewage if necessary to treat existing sanitary sewage discharges in non- compliance with Title 5, 310 CMR 15.00, provided that any such facility shall be permitted in accordance with applicable State regulations and requirements; iii_ treatment works designed for the treatment of contaminated ground or surface waters permitted and operated in compliance with 314 CMR 5.05(3) or 5.05 (13). iv. discharge by a public water system of waters incidental to water treatment processes_ C. facilities that, through their acts or processes, generate, treat, store or dispose of hazardous waste as defined in Section 29 -2, except for the following: i_ very small quantity generators; SECTION 38 -31 PAGE 178 ii. treatment works approved in accordance with 314 CMR 5.00 for treatment of contaminated ground or surface waters; d. sand and gravel excavation operations; C. uncovered or uncontained storage of fertilizers, herbicides and pesticides; f uncovered or uncontained storage of road or parking lot de -icing and sanding materials; g_ storage or disposal of snow or ice removed from highways and streets outside the District that contains deicing chemicals; h. uncovered or uncontained storage of manure; i_ junk and salvage operations; j _ motor vehicle or aircraft repair operations not in accordance with State regulations (M_G_L_ Chapter 21C); k_ solid waste disposal other than brush or stumps, landfills, combustion facilities, or handling facilities as defined at 310 CMR 16.00 or MG_L Chapter 21C; 1. commercial outdoor washing of motor vehicles or airplanes, and commercial car washes not in accordance with State (3 10 CMR 27.00A, 314 CMR 5.00 and Federal (the Federal Clean Water Act) regulations; m. disposal of leachable wastes; n. landfills; o. floor drains in all facilities handling hazardous waste as defined in the Massachusetts Hazardous Waste Regulations, 310 CMR Section 30.010; p_ animal feed lots; q_ dry cleaning establishments; r. mining of natural resources. 7. Uses Permitted by Right The following uses are permitted by right within the Water Supply Protection Overlay District subject to the provisions of the underlying zoning: a. conservation of soil, water, plants, and wildlife; b. outdoor recreation, not involving the use of motor vehicles or motor boats, including boating, fishing, nature study and hunting where otherwise legally permitted; C. foot, bicycle, and horse paths and bridges; d. rehabilitation, repair, and maintenance of any existing (prior to adoption of this amendment) structure, provided there is no increase in impervious pavement (other than that material which is used in the construction of the structure itself) and provided that all appropriate permits (if any) have been obtained; SECTION 38 -31 PAGE 179 C. expansion of any existing residential structure; £ 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. notwithstanding the provisions of Section 6 above, public water supply facilities and associated uses including, but not limited to, chemical and fuel storage; and i_ disturbance of the existing landscape for construction or landscape maintenance provided that the disturbance conforms to the City of Beverly's Stonmwater and Construction Site Management ordinance. 8. Uses Permitted by Special Permit The following uses are only allowed by Special Permit within the Water Supply Protection Overlay District_ a. commercial and industrial uses permitted in the underlying district; b. new single - family development in excess of two house lots or multi- family residential development as permitted in the underlying district. C. enlargement or alteration of existing uses that do not conform to the Water Supply Protection Overlay District; d. activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, permitted in the underlying zoning district Special Permit applications shall be made, reviewed, and acted upon in accordance with the following procedures: a. An application, plan and filing fee shall be submitted in accordance with the Rules of the Planning Board for the Issuance of Special Permits and will be processed in accordance with the procedural requirements of M.G.L. Chapter 40A Section 9. b. The Planning Board shall forward the special permit application to the Board of Health, Conservation Commission, Department of Public Services, Engineering Department and the Salem and Beverly Water Supply Board (SBWSB) for review and comment_ These boards, commissions and departments shall SECTION 38 -31 PAGE 180 forward a recommendation to the Planning Board within 30 days of submittal but may request an additional 30 -day extension of time for providing comment; C. Applications shall, at a minimum, include the following information where pertinent: i_ description of the proposed project including location and extent of impervious surfaces; on -site processes or storage of materials; the anticipated use of the land and buildings; description of the site including topographic, hydrologic and vegetative surfaces_ ii. characteristics of natural runoff and projected runoff with the proposed project, including its rate and chemical characteristics deemed necessary to make an accurate assessment of water quality; iii. measures proposed to be employed to reduce the rate of runoff and pollutant loading of runoff from the project area, both during and after construction; iv. proposed runoff control and reservoir protection measures for the sits_ These measures shall be designed with the goal of ensuring that the rate of surface water runoff from the site does not exceed pre- development conditions and that the quality of such runoff will not be less than pre- development conditions; V. a complete list of chemicals, pesticides, herbicides, fertilizers, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use; and vi. for those activities using or storing such hazardous materials, a hazardous materials management plan shall also be prepared and filed with the Fire Department and Board of Health. The plan shall include: A. provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion leakage, or vandalism, including spill containment and cleanup procedures; SECTION 38 -31 PAGE 181 B. provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces; C. evidence of compliance with the Massachusetts Hazardous Waste Regulations 310 CMR 30.00; and D. proposed down- gradient location(s) for groundwater monitoring well(s), should the Planning Board deem the activity a potential groundwater threat. d The Planning Board may adopt regulations to govern design features of projects_ The Planning Board may grant the required special permit only upon finding that the proposed use meets the conditions set forth in Section 38- 28_C2, any other applicable regulations or guidelines adopted by the Planning Board, and the following additional conditions: a. The proposed use in no way, during construction or thereafter, adversely affects the existing or potential quality of water that is available in the Water Supply Protection Overlay District, and b. The proposed construction has been designed to avoid unnecessary disturbance of the soils, topography, drainage, vegetation, and other water - related natural characteristics of the site to be developed_ The Planning Board may deny a proposed project or activity if it finds that such project or activity violates the purposes of this Overlay District, has an adverse environmental impact on the watershed, aquifer and/or recharge area or adversely affects the existing or potential public water supply_ Appeals of the Board's decision may be taken to the Board of Appeals for further public hearing. 9. Enforcement Written notice of any violations of this ordinance shall be given to the responsible person by the Building Commissioner as soon as possible after detection of a violation or a continuing violation_ Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for SECTION 38 -31 PAGE 182 avoiding future violations and a schedule of compliance_ A copy of such notice shall be submitted to the Planning Board, Board of Health, Conservation Commission, Department of Public Services, and the Salem and Beverly Water Supply Board_ The cost of containment, clean- up, or other action of compliance shall be borne by the owner and operator of the premises jointly and severally. If a plan to remedy the violation is not provided to the Building Commissioner within 30 days of the deliverance of the Notice of Violation, the Building commissioner is authorized to assess a fine of no more than $100 per day until the remediation plan is provided to the Planning Board. D_ IR OVERLAY DISTRICT The IR Overlay district is established to provide principally for mixed use commercial development within the IR district_ See Section 38 -19_ (Ord_ No_ 230,2-19-09) E DEPOT PARKING OVERLAY DISTRICT The Depot Parking Overlay District addresses parking requirements for certain residential units within walking distance of the Beverly MBTA Depot_ See Section 38 -17_ (Ord_ No_ 61, 7- 12 -11) SECTION 38 -31 PAGE 183 38 -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 38 -32 PAGE 184 38 -33 MUNICIPAL OPEN SPACE AND RECREATION DISTRICT (Ord_ No_ 109, 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 38 -33 PAGE 185 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_ 109, 6- 28 -99) SECTION 38 -33 PAGE 186 38 -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 38 -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 81P 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 38 -34 PAGE 187 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 nursing homes, projects meeting the definition of subsidized elderly housing or congregate elderly housing, nor 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_ (Ord_ No_ 72, 7 -9- 09) 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 SECTION 38 -34 PAGE 188 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 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_ SECTION 38 -34 PAGE 189 a. "Off -site units," or the provision of comparable affordable units on another site in the City of Beverly, subject to Site Plan Review under Section 38 -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 38 -7(D) through Section 38 -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 SECTION 38 -34 PAGE 190 less than 85% of the minimum lot area in Section 38 -7(D) through Section 38- 11(D), as applicable_ 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 38- 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 38 -13(D) through Section 38- 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(1) 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 38 -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 38 -29(C) except for the provision of on -site affordable units under Subsection H(1) above, Site SECTION 38 -34 PAGE 191 Plan Review shall be conducted in accordance with Subsection I(3) below- 1. 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 38- 29(C) or 38 -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 38- 29(C)(3) or 38- 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 38 -29(C) or 38- 24(B), the applicant shall submit a site plan that conforms to the application requirements set forth in Section 38- 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 38 -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 SECTION 38 -34 PAGE 192 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_ 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 SECTION 38 -34 PAGE 193 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 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 38 -34 PAGE 194 INDEX A accessory apartments ------------------ - - - - -- 2,110 accessory buildings ----------------- - - - - -- 4, 31, 32 administration, enforcement ----------- - - - - -- 162 affordable housing restriction ------------- - - - - -- 2 affordable housing unit ----------------------- - - - - -- 2 airport approach zone-------------- - - - - -- 2, 21, 22 airport hazard -------------------------------------- - - - - -- 3 animal feedlot-------------------------------------- - - - - -- 3 antennae and towers -------------------------- - - - - -- 30 aquifer------------------------------------------------- - - - - -- 3 Area Median Income (AMI) _______________ _ _ _ _ __ 3 area of special flood hazard ------------ - - - - -- 169 area, lot width, yards------------------------- - - - - -- 22 auto body shop ------------------------------------ - - - - -- 3 B baseflood---------------------------------------- - - - - -- 169 baseline number of parking spaces ----- - - - - -- 3 basement--------------------------------------------- - - - - -- 3 bed and breakfast establishment --------- - - - - -- 3 Beverly Land Use Schedule---------------- - - - - -- ii board of appeals -------------------------- - - - - -- 4,156 building----------------------------------------------- - - - - -- 4 C CC----------------------------------------------------- - - - - -- 59 cellar---------------------------------------------------- - - - - -- 4 CG----------------------------------------------------- - - - - -- 65 CMR---------------------------------------------------- - - - - -- 4 CN----------------------------------------------------- - - - - -- 56 coastal high hazard area ------------------ - - - - -- 169 commercial vehicle ----------------------------- - - - - -- 4 common permitted uses -------------------- - - - - -- 31 comprehensive plan ---------------------------- - - - - -- 4 congregate housing --------------------- - - - - -- 4,112 construction----------------------------------------- - - - - -- 4 corner clearance -------------------------------- - - - - -- 23 cornice------------------------------------------------- - - - - -- 4 coverage ---------------------------------------------- - - - - -- 4 C definitions ------------------------------------------- - - - - -- 2 depot parking overlay district --------- - - - - -- 183 design review board -------------------------- - - - - -- 28 development------------------------------------ - - - - -- 169 domestic employee------------------------------ - - - - -- 5 dwelling----------------------------------------------- - - - - -- 5 dwelling unit --------------------------------------- - - - - -- 5 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 ----------------------------------- - - - - -- 31 F family -------------------------------------------------- - - - - -- 5 fast -food restaurant ----------------------------- - - - - -- 6 Federal Emergency Management Agency ( FEMA)=-------------------------------------- - - - - -- 169 five hundred year flood------------------- - - - - -- 169 flood (or flooding) --------------------------- - - - - -- 170 flood insurance rate map (FIRM) --- - - - - -- 170 flood insurance study ---------------------- - - - - -- 170 floodplain overlay district--------------- - - - - -- 169 floodway ----------------------------------------- - - - - -- 170 floor area ratio------------------------------------- - - - - -- 6 floor area, gross----------------------------------- - - - - -- 6 floricultural activities ------------------------ - - - - -- 29 frontage ----------------------------------------------- - - - - -- 7 frontage, lineal ------------------------------------ - - - - -- 9 G gasoline station------------------------------------ - - - - -- 7 general provisions ----------------------------- - - - - -- 21 groundwater---------------------------------------- - - - - -- 8 H Hazardous Material----------------------------- - - - - -- 8 Hazardous Waste -------------------------------- - - - - -- 8 HD----------------------------------------------------- - - - - -- 76 height--------------------------------------------------- - - - - -- 8 height exceptions ------------------------------ - - - - -- 22 historic district -------------------------------- - - - - -- 175 home occupation --------------------------------- - - - - -- 8 home professional office--------------------- - - - - -- 8 horticultural activities ----------------------- - - - - -- 29 I IG------------------------------------------------------ - - - - -- 72 impervious surface ------------------------------ - - - - -- 9 inclusion of affordable housing ------ - - - - -- 187 IR------------------------------------------------------- - - - - -- 68 IR Overlay District-------------------- - - - - -- 68,183 L landfill ------------------------------------------------- - - - - -- 9 leachable wastes---------------------------------- - - - - -- 9 lineal frontage ------------------------------------- - - - - -- 9 loading requirements----------------------- - - - - -- 117 Local Initiative Program --------------------- - - - - -- 9 lot-------------------------------------------------------- - - - - -- 9 lot width, area, yards------------------------- - - - - -- 22 lot, area------------------------------------------------ - - - - -- 9 lot, comer ------------------------------------------ - - - - -- 10 lot, non - conforming -------------------------- - - - - -- 10 lot, width ------------------------------------------- - - - - -- 10 lowest floor ------------------------------------- - - - - -- 170 low -or moderate income household-- - - - - -- 10 1►1 M- G- L------------------------------------------------ - - - - -- 11 major recreational equipment ----------- - - - - -- 10 market -rate housing -------------------------- - - - - -- 10 maximum affordable purchase price or rent ------------------------------------------------------- - - - - -- 11 mean -------------------------------------------------- - - - - -- 11 mining of land----------------------------------- - - - - -- 11 mixed ------------------------------------------ - - - - -- 11 mobile home-------------------------------------- - - - - -- 11 mobile home park ----------------------------- - - - - -- 11 municipal open space and recreation propane------------------------------------------- - - - - -- district ----------------------------------------- - - - - -- 185 N new construction ----------------------------- - - - - -- 170 noncomplying situations ----------------- - - - - -- 145 noncomplying structures, 10 years or older ----------------------------------------------------- - - - - -- 145 Nonconforming situations--------------- - - - - -- 145 .�, .. obstruction - air navigation --------------- - - - - -- 21 off - street parking------------------------------- - - - - -- 11 one hundred year flood ------------------- - - - - -- 171 on- street parking ------------------------------- - - - - -- 11 open space residential design------------ - - - - -- 92 overlay districts--------------------------------- - - - - -- 18 P parking aisle -------------------------------------- - - - - -- 12 parkinglot ----------------------------------------- - - - - -- 12 parking requirements ---------------------- - - - - -- 117 parking space ------------------------------------ - - - - -- 12 petroleum product--------------------------- - - - - -- 176 planned residential development------- - - - - -- 90 planning board ---------------------------------- - - - - -- 12 pork chop shaped lots------------------------ - - - - -- 23 primary facade ---------------------------------- - - - - -- 12 private passenger motor vehicle-------- - - - - -- 12 propane------------------------------------------- - - - - -- 176 public building, residential reuse ---- - - - - -- 114 public open space------------------------------ - - - - -- 12 public recreational boating facility --- - - - - -- 12 purpose - zoning ordinance----------------- - - - - -- 1 I 1q R 10 --------------------------------------------------- - - - - -- 41 R 15 --------------------------------------------------- - - - - -- 39 R 22 --------------------------------------------------- - - - - -- 37 R-45 --------------------------------------------------------- 35 R 6 ----------------------------------------------------- - - - - -- 43 R 90 --------------------------------------------------- - - - - -- 33 recharge area ---------------------------------- - - - - -- 176 recharge areas ------------------------------------ - - - - -- 12 regulatory floodway------------------------ - - - - -- 171 removal of sod, loam, and gravel------ - - - - -- 27 residential reuse of public buildings - - - -- 114 RHD-------------------------------------------------- - - - - -- 48 RMD ------------------------------------------------- - - - - -- 45 RSD --------------------------------------------------- - - - - -- 52 S Salem and Beverly Water Supply Board fSBWSB) -------------------------------------- - - - - -- 176 screening ------------------------------------------- - - - - -- 13 setback----------------------------------------------- - - - - -- 13 severability---------------------------------------- - - - - -- 23 shared parking----------------------------------- - - - - -- 13 sign definitions---------------------------------- - - - - -- 13 signs------------------------------------------------ - - - - -- 128 site plan review ------------------------------- - - - - -- 163 sludge---------------------------------------------- - - - - -- 176 solar access---------------------------------------- - - - - -- 26 solid wastes --------------------------------------- - - - - -- 15 special flood hazard area----------------- - - - - -- 171 story--------------------------------------------------- - - - - -- 15 structure------------------------------------- - - - - -- 16,171 subsidized elderly housing---------------- - - - - -- 16 subsidized housing inventory ------------ - - - - -- 16 substantial damage -------------------------- - - - - -- 171 substantial improvement ----------------- - - - - -- 171 swimming pools -------------------------------- - - - - -- 32 T Table of Dimensional Requirements - - - - - -- iii tennis courts -------------------------------------- - - - - -- 32 towers and antennae-------------------------- - - - - -- 30 treatment works------------------------------ - - - - -- 177 U undersized lots of record------------------- - - - - -- 21 use----------------------------------------------------- - - - - -- 16 use, accessory ------------------------------------ - - - - -- 16 use, non - conforming ------------------------- - - - - -- 16 use, principal ------------------------------------- - - - - -- 16 used car sales------------------------------------- - - - - -- 16 V validity-------------------------------------------- - - - - -- 184 very small quantity generator_________ _ _ _ _ __ 177 CI water supply protection overlay district 175 watershed---------------------------------------- - - - - -- 177 BHD-------------------------------------------------- - - - - -- 78 WDR ------------------------------------------------- - - - - -- 85 wind energy conversion -------------------- - - - - -- 25 Y yard--------------------------------------------------- - - - - -- 16 yard, front------------------------------------------ - - - - -- 16 yard, rear ------------------------------------------- - - - - -- 17 yard, side ------------------------------------------- - - - - -- 17 yards, area, lot width------------------------- - - - - -- 22 Z ZoneA -------------------------------------------- - - - - -- 171 Zone AE ------------------------------------------ - - - - -- 171 Zone AH and Zone AO------------------- - - - - -- 172 Zone VE ------------------------------------------ - - - - -- 172 ZoneX -------------------------------------------- - - - - -- 172 zoning district map---------------------------- - - - - -- 19 zoning district map interpretation ----- - - - - -- 19