[Added 5-16-2005 ATM by Art 16; amended 10-24-2016 ATM by Art. 14]
The Salisbury Beach Overlay District is intended to spur redevelopment
of under-utilized beachfront commercial property, to establish design
guidelines for new development, to unlock the potential of creative
development and architecture, to enhance the value of land and buildings,
to encourage sustainable design and building practices, to provide
a foundation for long-term private reinvestment, and create incentives
for new mixed-use development while preserving the character of this
historically lively oceanfront district at Salisbury Beach.
The boundary of the Salisbury Beach Overlay District is shown
on the Salisbury Beach Overlay District Map, which map is hereby incorporated
in and made part of this section.[1]
A.
The Salisbury Beach Overlay District is comprised of the following
three overlay subdistricts, which are delineated on the Salisbury
Beach Overlay District Map:
(1)
Beach Center Development Subdistrict. This overlay subdistrict is
generally comprised of certain parcels along Oceanfront North, Ocean
Avenue, Railroad Avenue, Driftway, Central Avenue, Shea Street, North
End Boulevard and Cable Avenue;
(2)
Broadway Revitalization Subdistrict. This overlay subdistrict is
generally comprised of certain parcels along Broadway;
(3)
Oceanfront South Revitalization Subdistrict. This overlay subdistrict
is generally comprised of certain parcels along Oceanfront South.
B.
Overlay district map and lot listing. The Salisbury Beach Overlay
District, the Beach Center Development Subdistrict, the Broadway Revitalization
Subdistrict and the Oceanfront South Revitalization Subdistrict are
delineated on the Salisbury Beach Overlay District Map and the lot
listing attached as Exhibit I.[2]
[2]
Editor's Note: Exhibit I is included as an attachment to this chapter.
[1]
Editor's Note: Said map is on file in the Town offices.
A.
The Salisbury Beach Overlay District shall be overlaid over the existing
Beach Commercial District within the boundaries shown on the Town
of Salisbury Zoning Map.[1] The owners of property in the Salisbury Beach Overlay District shall continue to possess all current zoning rights and be subject to the requirements applicable in the Beach Commercial District. In the event an owner desires to construct a building greater than 35 feet in height, as defined in § 300-5 of the Zoning Bylaw, or to use his property for mixed-use development, as defined in § 300-64 herein, the rules and regulations of the Salisbury Beach Overlay District shall apply and by filing an application for site plan review or a special permit for a development subject to such rules and regulations, the owner shall be deemed to accept and agree to them. It is intended that the Zoning Board of Appeals shall not grant height variances for development of habitable space over a height of 35 feet in the Beach Commercial District that would exempt the development from the Salisbury Beach Overlay District. Where the Salisbury Beach Overlay District provisions are silent on a zoning rule or regulation, the requirements of the underlying Beach Commercial District zoning shall apply.
[1]
Editor's Note: Said map is on file in the Town offices.
B.
Underlying zoning. The underlying zoning for the Beach Commercial
District shall remain an integral part of the Salisbury Zoning Bylaw
and shall be neither modified, repealed nor amended by this article.
Definitions of the underlying Beach Commercial District shall
apply to all developments subject to the Salisbury Beach Overlay District
Bylaw, except for the following:
A significant incremental shadow cast on Salisbury Beach
proper (the sand) beyond 100 feet from the project property line of
a proposed development between July 1 and August 10, at 5:00 p.m.,
as depicted by a competent shadow study. For the purposes of this
section, "significant incremental shadow" shall be one which to a
great extent reduces, or completely eliminates, sunlight exposure
on the beach.
An area of any structure that is legally accessible and intended
for human occupancy for residential or commercial uses. Mechanical
rooms, parking areas, storage areas and other passive accommodations
shall not constitute habitable space.
The vertical distance from the bottom of the lowest horizontal
structural support member (excluding grade beams, cross-bracing and
other foundation elements) as required under the State Building Code
for construction in the flood hazard zone in which the property is
located to the average height of the main roof structure. The referenced
elevation for the lowest horizontal structural support member shall
be based on the minimum height required under the State Building Code
even if the actual elevation of the lowest horizontal structural support
member is higher.
Development that contains a combination of residential use
and one or more permitted principal commercial uses which are retail
or professional in nature. A combination of commercial parking facilities
and residential uses shall not constitute a mixed use.
An on-site, or off-site, space having an area of not less
than 162 square feet, with minimum dimensions of nine feet wide by
18 feet long measured from center to center.
Uses permitted in the Salisbury Beach Overlay District shall include all uses permitted in the underlying Beach Commercial District, except those specified in § 300-66 herein. Mixed-use development shall be a permitted use. Fish and shellfish, wholesale and retail sale, may be permitted by a special permit granted by the Zoning Board of Appeals.
In addition to those uses prohibited in the underlying Beach
Commercial District, the following additional uses shall be prohibited
in the Salisbury Beach Overlay District:
A.
Drive-through retail establishment. Any commercial use which utilizes
a vehicular drive-up window.
B.
Casino. Any facility or establishment where any gambling or gaming
occurs, with the exception of arcade-type establishments which tender
coupons or tokens for on-site redemption for noncash prizes or novelties.
Gambling and gaming include, without limitation, any other game of
chance or skill, or both, played with cards, with dice or with any
mechanical, electromechanical or electronic device or machine for
currency, check, credit, or any other thing of value, including, without
limitation, roulette, 21, blackjack, craps, poker, slot machines,
and any other electronic gaming devices and any other games classified
as Class II or Class III gaming under the Indian Gaming Regulatory
Act, U.S.C. § 2701 et seq., but excluding the game of bingo
conducted pursuant to MGL c. 271, any lottery game conducted by the
State Lottery Commission in accordance with MGL c. 10, § 24,
and games played with cards in private homes or residences in which
no person makes money for operating the game, except as a player.
C.
Automobile repair, sales, and service.
D.
Car wash.
E.
Chemical warehouse.
F.
Motorcycle repair, sales and service.
Dimensional regulations of the underlying Beach Commercial District
shall apply in the Salisbury Beach Overlay District, except for the
following:
A.
Maximum height.
(1)
Maximum height allowed: 65 feet and five stories of habitable space,
except that the Planning Board may grant a special permit to increase
the maximum allowable height to 89 feet and seven stories of habitable
space upon finding that:
(a)
The incremental shadow, if any, of the proposed structure will
not have a significant adverse shadow impact on Salisbury Beach between
July 1 and August 10;
(b)
The proposed building width and height ratio, building spacing,
and roof treatments are sufficient to mitigate the impact of the increase
in height on surrounding properties, the street, and from the vantage
point of pedestrians;
(c)
The proposed increase in height occurs in one or more prominent
locations, such as a street intersection or the corner of a building
on the interior of a site, thereby providing distinction and contributing
to a variety of heights in the district;
(d)
The proposed building addresses all applicable components of the design guidelines in § 300-71; and
(e)
The proposed increase in height is consistent with the purposes
of the Salisbury Beach Overlay District.
(2)
Unoccupied architectural appurtenances to which there is no permanent
access (cupolas, spires, chimneys, flagpoles, etc.) and comprising
not more than 25% of the building footprint in plan view shall be
exempt from maximum height limits.
B.
Mixed-use development. To encourage mixed-use development at Salisbury
Beach, the following requirements shall apply:
(1)
Beach Center Development Subdistrict: mixed-use development is optional
in this subdistrict.
(2)
Broadway Revitalization Subdistrict:
(3)
Oceanfront South Revitalization Subdistrict:
(a)
Mixed-use development is optional and encouraged in this subdistrict;
(b)
At least 15% gross floor area of habitable space on the ground
floor level shall be elevated to the minimum elevation required under
the State Building Code and shall include a ceiling height of not
less than 13 feet measured floor to floor. The Planning Board may
grant a special permit to waive this requirement if it determines
that such waiver will not derogate from the purposes and intent of
the Salisbury Beach Overlay District.
C.
Hotel and motel uses. Hotel or motel developments shall provide a
minimum of one parking space per room, all of or part of which may
be off site anywhere in the Beach Commercial District.
D.
Upper floor setbacks. A building with a height in excess of 35 feet
shall have an upper floor minimum setback in the front facade of at
least five feet commencing no higher than 35 feet or the ceiling height
of the second story, whichever is lower, with the exception of access
elements (stairways or elevator shafts) and distinct architecture
features not to exceed 25% of the front facade area, in aggregate.
E.
Residential units of two or more bedrooms shall have a minimum of
two parking spaces on site.
F.
Residential units of one bedroom shall have a minimum of one on-site
parking space.
For any development utilizing the Salisbury Beach Overlay District,
the applicant shall make payments to the Town as set forth in Subsections
A and B below to the Salisbury Beach Overlay District Public Improvements
Fund. This fund, administered by the Town Manager, shall be used for
qualified public capital improvements to any area open to the general
public within the Salisbury Beach Overlay District, including, but
not limited to, utility upgrades, sidewalks, streets, period lighting,
landscapes, hardscapes, boardwalks, benches or canopies. The fund
shall be a special revolving account separate from the Town's general
fund. Water and sewer improvements shall not be considered qualified
improvements for the purpose of this section as those facilities are
addressed under a different fund.
A.
Town-administered improvements.
(1)
A one-time payment equal to $3,000 per permitted dwelling unit shall
be paid to the Town of Salisbury Beach Overlay District Public Improvements
Fund. Payment shall be made with respect to each unit prior to issuance
of an occupancy permit for the unit, provided that payment may be
made at the time of conveyance of each unit to an end user or upon
occupancy by any tenant if appropriate security arrangements to guarantee
such payment have been made as part of the site plan review process
for the development. Such payments shall not exempt developers from
providing any on-site or pedestrian- or vehicle-related improvements
that are required as part of the site plan review process.
(2)
To guide and prioritize public infrastructure improvements a Public
Realm Infrastructure Investment Plan identifying and estimating the
costs of the desired improvements shall be prepared and maintained
by the Town Manager. Such plan and changes in it shall be subject
to consultation with the Planning Board.
B.
Developer-administered improvements. As an alternative to, or in
partial satisfaction of, the required contributions to the Town of
Salisbury Beach Overlay District Public Improvements Fund, with the
written approval of the Town Manager, a developer, or group of developers,
may perform public improvements included in the Public Realm Infrastructure
Investment Plan, the cost of which will be credited against the infrastructure
contribution per dwelling unit specified above. Creditable public
improvements shall be agreed upon as part of the site plan review
process and shall consist of capital improvements to any property
which is open to the general public, but shall not include replacement
of existing sidewalks and/or curbing along the frontage of a proposed
development which shall be the responsibility of the developer. The
developer shall be credited an amount equal to 115% of the direct
cost of all qualified public improvements performed in advance of
unit conveyances or occupancy and for which reasonable proof of actual
cost is provided to the Town Planner. Any dispute as to the final
amount credited to the developer for approved public improvements
shall be decided by the Town Manager, whose decision shall be final
and binding. The developer shall be required to post a 100% performance
and payment bond satisfactory to the Planning Board, with advice from
the Town Planner, prior to undertaking any of the improvements contemplated
herein.
A.
All projects developed within the Salisbury Beach Overlay District shall be subject to the site plan review by the Planning Board in accordance with Article XVIII of the Zoning Bylaw. Prior to the Planning Board approving any application for a development plan under this bylaw, the Board shall find that:
(2)
The proposed development plan is consistent with the Public Realm
Infrastructure Investment Plan for the Beach Commercial District;
(3)
Proposed elevations and drainage improvements are consistent with
federal, state and local storm damage prevention and stormwater management
guidelines or regulations;
(4)
Required contributions will be made to the Salisbury Beach Overlay
District Public Improvements Fund and to the Town's Utility Access
Fee Funds.
B.
The Planning Board's approval and any conditions of the approval
of any application for site plan review of a development under this
bylaw shall be submitted in writing to the Building Inspector, the
applicant and the Town Clerk. No occupancy permit shall be issued
for any building or structure or portion thereof until all conditions
of the Planning Board's site plan approval have been met and until
a certificate of completion, in a form approved by the Planning Board,
is completed and signed by the Board's inspector.
The Planning Board shall adopt administrative rules and regulations for the purpose of carrying out this Article XII and shall file a copy of such rules with the Town Clerk. The Planning Board's rules and regulations may provide for reasonable administrative fees for special permits and site plan review, and fees for employing outside consultants to assist the Board with technical review of applications submitted under this Article XII.
As part of the required site plan review process or, where applicable,
special permit process, applicants seeking to utilize the Salisbury
Beach Overlay District shall submit text, narrative, plans, elevations,
and/or section drawings to the Planning Board in accordance with the
following guidelines. In order to determine substantial compliance
with the design guidelines, the following categories shall apply to
the Planning Board's review. Each category of guideline compliance
must be met. An applicant shall be deemed to be in substantial compliance
when the application achieves the minimum compliance requirement in
each of the categories listed below.
|
Guideline Type
|
§ 300-71 Subsection Reference
|
Standard
|
|---|---|---|
|
Category 1
|
A, B, C, D, E, Q, R, T
|
Mandatory
|
|
Category 2
|
F, G, H, S
|
3 out of 4
|
|
Category 3
|
I, J
|
1 out of 2
|
|
Category 4
|
K, L, M
|
2 out of 3
|
|
Category 5
|
N, O, P
|
2 out of 3
|
A.
Buildings, structures and site layout shall reflect traditional neighborhood
design, with pedestrian-friendly street design that is inviting and
pleasant for walking, bicycling, and other nonvehicular means of getting
around, and safe and convenient for individuals with disabilities;
discernible edges, a mix of densities, and a mix of land uses. Buildings
are encouraged to reflect both traditional and contemporary interpretations
of vernacular coastal New England architecture for the purposes of
promoting appropriate waterfront scale and character, including building
materials, massing, density, scale, and roof lines.
B.
Large expanses of blank walls shall not be allowed. Facades shall
have frequent architectural articulation. Major such articulations
shall be spaced no farther apart than 25% of the building length at
street level (but in no case farther apart than 70 feet). Street levels
lined with extensive windows and frequent well-designed entrances
to street level uses are encouraged, permitting continuous public
views and access in and out of buildings in order to create a lively
street atmosphere. Window designs in a vertical orientation are encouraged.
C.
Screening of ground-floor parking from pedestrian view with appropriate
doors, building elements and/or landscaping features is required for
parking areas along public ways.
D.
All projects shall be designed to minimize the size and number of
curb cuts. Full-width curb cuts will not be allowed. In keeping with
the theme of screening parking from the public view, efficient traffic
patterns are encouraged to support ingress and egress from lots. Curb
cuts may not exceed an aggregate of 24 feet for every 100 feet of
frontage. Lots with less than 100 feet of frontage may have one curb
cut, 14 feet in length.
E.
Underground utilities for new and redeveloped buildings are required
unless physically restricted or blocked by existing underground obstructions.
F.
A straightforward use of natural, traditional or sustainable building
materials is encouraged. Brick, stone, high-quality metals, cast concrete,
wood, and cement fiberboard will achieve the greatest level of compatibility
with the surrounding area and will best stand the test of time in
terms of both changing community tastes and withstanding the historically
vibrant commercial climate of the Salisbury oceanfront. Exterior material
substitutions, in particular products and applications that are of
higher quality than those described in these guidelines, are encouraged.
G.
Building facades shall include architecturally distinct styles promoting
diverse design, particularly with rooftop appurtenances such as cupolas,
turrets, spires, widow walks, etc.
H.
A diversity of roof heights, gable orientations, and volumes in new
buildings is required.
I.
Traditional arrangement of facade components into base, middle, and
top composition may be used to achieve compatibility and continuity
within the surrounding architectural context. Additionally, projecting
bays, recessed balconies, and roof shape variation shall be utilized
to provide interest, individuality, and appropriate scale to new development.
J.
Sidewalk amenities such as street furniture, lighting and awnings
that encourage year-round pedestrian use and sidewalk-cafe-style seating
to enhance the public realm are encouraged.
K.
Rear vehicular access to ground floor parking is preferred to minimize
curb cuts on principal streets. Use of streets other than Broadway
and Oceanfront South for vehicle access is preferred. Use of shared
access points is encouraged to minimize the number of curb cuts.
L.
Placing buildings oriented parallel with the front setback line is
required to keep a consistent "street wall," with primary entries
oriented towards the street.
M.
Building setbacks may be varied and are encouraged to recognize the
siting and scale of adjacent development.
N.
At the intersection of the building line with crossover streets,
there may be variation to the building edges to allow for corner elements
and circulation functions. The building edges may be articulated and
organized in such a way to achieve an architecturally rich and contextually
varied composition. Variation in the building edge beyond the minimum
setback is encouraged.
O.
The facade proportions used in new development shall incorporate
compatible architectural details, storefront design, window openings,
and roof shapes to balance the proportions of facades into pleasant
and cohesive compositions.
P.
Building elevations are required to incorporate architecturally appropriate
techniques to articulate the massing of the proposed building, such
as projecting bay windows, different material for the ground-floor
base, cornice lines, and/or material changes, etc.
Q.
To the extent feasible, provisions shall be made to accommodate the
construction and use of an elevated pedestrian walkway (boardwalk)
along the oceanfront within the Salisbury Beach Overlay District boundaries
stipulated in Exhibit I[1] and to accommodate the future extension of the walkway
along the oceanfront to the north and south of the overlay district.
[1]
Editor's Note: Exhibit I is included as an attachment to this chapter.
R.
To the maximum extent reasonably possible, the ground-floor levels
in mixed-use buildings shall be elevated to the minimum elevation
stipulated by the State Building Code, and such elevations shall permit
continuous sidewalks and/or boardwalks to be constructed along the
building frontages that will permit easy access for pedestrians to
building entrances and easy access to and from the boardwalks, the
street, and the beach.
S.
At least 15% of ground-floor noncommercial habitable spaces provided
at the base of buildings in the Oceanfront South Revitalization Subdistrict
should be initially designed so as to be capable of conversion at
a later date to commercial use. The Planning Board encourages design
features necessary for such conversion include, but are not limited
to, proper ceiling height, construction assemblies meeting building
codes for mixed uses, and accommodation for provision of future handicapped
access.
T.
Buildings shall not create an adverse shadow impact.
