For the purposes of this chapter, 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.
As used in this chapter, the following terms shall have the
meanings indicated:
[Added 7-31-2017 by Ord. No. 374A]
Uses that encourage and support pedestrian activity on the ground floor of buildings and meet the activated ground floor development standards in § 300-40I. They include:
Nonresidential uses permitted by right in § 300-40B except not: (11) funeral home; (14) data processing center, etc.; (15) printing and publishing establishments; (16) taxi, rail, bus passenger terminal;
Nonresidential uses permitted by special permit according to § 300-40C, only including: (1)(g) hotel or motel; (1)(h) place of commercial recreation; (1)(m) maker space; and (2)(a) bed-and-breakfast;
Lobby and circulation space serving a multifamily dwelling, pursuant to § 300-40I; and
Open space or area that is accessible to the general public
(e.g., pocket park, plaza).
In the Core Pedestrian Area, this use does not include any other
uses accessible only to residential tenants, or their management,
of the same building, including single-unit residential entrances,
trash/recycling areas, metering stations and utilities (except fire
service stand pipes), delivery and service bays, and other typically
back-of-house functions for residential. Drive-through uses are not
permitted.
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:
[Amended 7-17-2007 by Ord. No. 103]
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;
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
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.
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.
[Amended 7-17-2007 by Ord. No. 103]
An area of 500 feet in width at the end of an airport runway
or landing strip and 2,500 feet in width at a distance of 10,200 feet.
The center line of this zone shall coincide with the center line of
the runway or landing strip extended.
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.
A plot of land on which 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 conducted under
the provisions of this chapter and/or MGL c. 40A, § 3.
[Amended 3-5-1990; 2-16-2016 by Ord. No.
013]
A geologic formation composed of rock or sand and gravel
that contains significant amounts of potentially recoverable potable
water.
[Amended 3-5-1990]
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.
[Amended 7-17-2007 by Ord. No. 103]
The use of all, or a portion of, a building for an art use,
or creative work, and habitation by artists whereas units include
both working space and residential dwelling space. An artist live/work
unit is distinguished from a home occupation, otherwise defined by
this chapter, in that the work use is not required to be incidental
to the dwelling unit; more than one nonresident employee may be present
on the premises; and customers may be served on site. The work use
may include the sale, display, commission, consignment, or trade by
artists or artisans; or classes held for art instruction.
[Added 4-19-2016 by Ord.
No. 014]
The production of art or creative work within the fields
of fine and applied arts, including but not limited to painting, drawing,
sculpture, graphic arts, photography, printmaking, mixed media, writing,
publishing, poetry, photography, theater, film or video production,
architecture, interior design, recording studio, culinary arts; and
performing arts, including but not limited to musicians, music composition,
acting, or dancing.
[Added 4-19-2016 by Ord.
No. 014]
A business establishment engaged in motor vehicle painting,
body and collision repair, frame straightening or any combination
of the above.
The total number of parking spaces required by zoning pursuant to § 300-59.
[Amended 7-17-2013 by Ord. No. 52]
An area partly underground but having at least 1/2 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.
A building which is used for the renting of not more than
five rooms as lodging, without separate cooking facilities, and for
not more than eight persons for a term no longer than seven days,
and where guests are provided breakfast daily at no additional charge.
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 the definition of "screening" in this
section. The owner of a bed-and-breakfast establishment shall be required
to reside either in the establishment or on an abutting parcel.
[Amended 3-19-1991; 6-18-1991; 5-13-1996; 12-4-2023 by Ord. No. 184A]
The Board of Appeals of the City of Beverly.
Establishment primarily engaged in the on-site manufacture,
blending, fermentation, processing, and packaging of alcoholic beverages,
for wholesale or retail distribution, as allowed by state law. While
manufacturing is the primary use, the establishment may include accessory
uses such as: tasting room for on-site consumption (or "taproom"),
retail sales of the product produced on-site and related goods, and/or
tours of the production facility; provided the following:
[Added 4-19-2016 by Ord.
No. 014]
A tasting room or retail component shall front the street at
sidewalk level or have a well-marked and visible entrance at sidewalk
level, and be open to the public.
All production, processing, distribution, and storage activities
are to be conducted within an enclosed building. Production waste
shall be disposed of off-site.
Adequate parking and loading is provided on site in accordance with the provisions of Article XVI of this chapter.
Any independent structure having a roof with structural supports
for the shelter or enclosure of persons, animals, or property.
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.
A commission created by the Commonwealth of Massachusetts
to have general supervision and regulatory authority over the conduct
of the business of marijuana establishments as defined in MGL c. 94G.
[Added 1-7-2019 by Ord.
No. 213A]
All parts of any plant of the genus Cannabis, not excepted
below and whether growing or not; the seeds thereof; and resin extracted
from any part of the plant; clones of the plant; and every compound,
manufacture, salt, derivative, mixture or preparation of the plant,
its seeds or resin including tetrahydrocannabinol as defined in MGL
c. 94G, § 1; provided that cannabis shall not include:
[Added 1-7-2019 by Ord.
No. 213A]
The mature stalks of the plant, fiber produced from the stalks,
oil, or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or preparation of the mature
stalks, fiber, oil, or cake made from the seeds of the plant or the
sterilized seed of the plant that is incapable of germination;
Hemp; or
The weight of any other ingredient combined with cannabis or
marijuana to prepare topical or oral administrations, food, drink
or other products.
Equipment, products, devices, or materials of any kind that
are intended or designed for use in planting, propagating, cultivating,
growing, harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, ingesting, inhaling, or otherwise introducing
cannabis or marijuana into the human body.
[Added 1-7-2019 by Ord.
No. 213A]
An area partly underground having more than 1/2 of its clear
ceiling height below the mean finished grade level at the foundation.
Code of Massachusetts Regulations.
[Added 8-27-1996 by Ord. No. 169; amended 6-19-2013 by Ord. No.
76]
An entity operating under both a RMD registration pursuant
to 935 CMR 501.000: Medical Marijuana, and under at least one marijuana
establishment license pursuant to 935 CMR 500.000: Adult Use of Marijuana,
in compliance with 935 CMR 502.000: Co-located Adult-Use and Medical-Use
Marijuana Operations, on the same premises. Co-located marijuana operations
pertain to cultivation, product manufacturing, and retail, but not
any other adult-use license.
[Added 1-7-2019 by Ord.
No. 213A]
Any motor vehicle which meets the definition of "commercial
vehicle" as defined in 540 CMR 2.05, as may be amended.
[Amended 8-27-1996 by Ord. No. 169]
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.
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 halfway houses.
[Amended 7-20-1987]
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.
[Amended 5-20-1993]
Refers to those parcels within the CC Central Business/CC2
Central Business Cabot Districts that front on: (a) either side of
Cabot Street (a "primary street") from Elliott Street to Highland
Avenue; or (b) either side of Rantoul Street (a "primary street")
from Bow Street to Edwards Street; or (c) lower Railroad Avenue and
Broadway (both "primary streets") only where they face Odell Park.
This area need not be shown on the Zoning Map.
[Added 7-31-2017 by Ord.
No. 374A; amended 2-13-2023 by Ord. No. 279]
Any permanent continuous horizontally projecting feature
surmounting a wall or other portion of a building.
[Amended 4-10-1990]
The ratio of the total ground floor area of buildings to
the total area of the lot, expressed as a percentage.
A marijuana cultivator comprised of residents of the Commonwealth
and organized as a limited liability company, limited liability partnership,
or cooperative corporation under the laws of the Commonwealth. A cooperative
is licensed by the CCC to cultivate, obtain, manufacture, process,
package and brand cannabis or marijuana products to transport marijuana
to marijuana establishments.
[Added 1-7-2019 by Ord.
No. 213A]
A person actually employed upon a premises for monetary compensation
by the resident family thereof for not less than 30 hours per week
and who provides domestic services to such family.
[Amended 3-14-2000 by Ord. No. 43]
A building used only for permanent habitation by one or more
families. The term shall not include a hotel, motel, bed-and-breakfast,
lodging and/or rooming house, hospital, or other accommodation used
for transient lodging.
[Amended 3-14-2000 by Ord. No. 43; 12-4-2023 by Ord. No. 184A]
DWELLING UNITOne 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 a hotel, motel, bed-and-breakfast, lodging and/or rooming house, hospital, or other accommodation used for transient lodging.
DWELLING, ONE-FAMILY OR SINGLE-FAMILYA detached dwelling, other than a stationary trailer or mobile home, containing only one dwelling unit.
DWELLING, TWO-FAMILYTwo attached dwelling units in one building.
DWELLING, SEMI-DETACHEDA one-family dwelling attached by no more than one common wall to another one-family dwelling; and each dwelling may be on a separate lot.
DWELLING, MULTIFAMILYA dwelling containing three or more dwelling units.
DWELLING, MULTIPLE GROUPA group of two or more multifamily dwellings occupying a parcel of land in one or common ownership and having common open space.
ACCESSORY DWELLING UNITA self-contained dwelling unit 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, located in or attached to an existing one-family/single-family dwelling or in a separate building on the same lot, where at least one of the units is owner-occupied.
ACCESSORY DWELLING UNIT (ATTACHED)An accessory dwelling unit located within the existing principal building or attached by new construction to a principal building containing a one-family/single-family dwelling, where at least one of the units is owner-occupied. The exterior of the one-family/single-family dwelling may be modified to accommodate the unit.
ACCESSORY DWELLING UNIT (DETACHED)An accessory dwelling unit located in a building on a lot that is separate from a principal building containing a one-family/single-family dwelling and is smaller than the principal one-family/single-family building, where at least one of the units is owner-occupied.
Persons 55 years or older, or those persons permanently disabled.
[Amended 3-14-2000 by Ord. No. 43]
One or more persons occupying a dwelling unit and living and
cooking together on the premises as a single, nonprofit housekeeping
unit and further defined as one of the following:
Any number of persons related by blood, by adoption, by foster
home placement, and/or by marriage.
Up to and including four persons not related to each other by
blood, by adoption, by foster home placement, and/or by marriage.
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 Subsection 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, nonprofit housekeeping unit with their employer family, but nonetheless for the purposes of this chapter shall be deemed members of a resident family in accordance with and as restricted by Subsection A(3) above.
A food service establishment with a drive-in window.
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 chapter, or any such
floor space intended and designed for accessory heating and ventilation
equipment.
The ratio of the gross floor area of the building to the
total lot area.
[Amended 6-1-2015 by Ord.
No. 314]
 |
[Amended 7-17-1991 by Ord. No. 43; 3-14-2000 by Ord. No. 161; 6-24-2004]
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 chapter, 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 § 300-64B(6), unless the Board of Appeals has granted an exception as provided in Article XIII; or (3) other natural or man-made barriers between the frontage line and a potential building site. Only sufficient frontage on one of the following types of ways shall be recognized for zoning purposes:
A public way or a way certified by the City Clerk that is maintained
and used as a public way;
A way shown on a plan approved and endorsed by the Beverly Planning
Board in accordance with the Subdivision Control Law; or
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 this chapter; however, in the case of a lot bounded by two streets
forming an interior angle of more than 135°, their combined frontage
between lot lines may be used to satisfy the lot frontage requirement.
A building and premises where gasoline, oil, grease, batteries,
tires, automobile accessories, and incidentals are sold at retail
and where minor servicing and repairs take place. Major mechanical
and body work, straightening of body parts, painting, welding, storage
of automobiles not in operating condition, or other work involving
noise, glare, fumes, or smoke are not included in this definition.
Water located beneath the ground surface in soil pore spaces
and in the fractures of rock formations.
[Amended by Ord. No. 169; 6-19-2013 by Ord. No. 76-2013]
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 MGL c.
21C and c. 21E and 310 CMR 30.00.
[Amended by Ord. No. 169-2012; 6-19-2013 by Ord. No. 76-2013]
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.
[Amended by Ord. No. 169-2012; 6-19-2013 by Ord. No. 76-2013]
The vertical distance from the lower of:
[Amended 8-27-1996 by Ord. No. 169]
The plant of the genus Cannabis or any part of the plant,
whether growing or not, with a delta-9-tetrahydrocannabinol concentration
that does not exceed 0.3% on a dry weight basis of any part of the
plant of the genus Cannabis, or per volume or weight of cannabis or
marijuana product, or the combined percent of delta-9-tetrahydrocannabinol
and tetrahydrocannabinolic acid in any part of the plant of the genus
Cannabis regardless of moisture content.
[Added 1-7-2019 by Ord.
No. 213A]
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:
[Amended 3-25-1996 by Ord. No. 49]
Shall not have more than one employee (other than the owner/occupant)
engaged on the premises at any one time.
Shall provide off-street parking spaces on site at the following ratio: one space for each vehicle owned by the occupants of the home, up to a maximum of two spaces; one space for the employee of the home occupation or home professional office, if there is one; and one space for a client if the nature of the occupation or office warrants such space, as determined by the Building Inspector. In any case, no more than four 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 Subsection B, C, D or E of the definition of "screening" below.
Shall not have more than one commercial vehicle parked on the
premises at any one time.
Shall have no exterior display or storage of materials beyond
that permitted by this chapter.
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.
[Added 6-1-2015 by Ord.
No. 314]
Material or structure on, above, or below the ground that
eliminates rainwater infiltration and groundwater recharge.
[Amended by Ord. No. 169-2012; 6-19-2013 by Ord. No. 76-2013]
A laboratory that is licensed by the Massachusetts Cannabis
Control Commission and is:
[Added 1-7-2019 by Ord.
No. 213A]
Accredited to the International Organization for Standardization
17025 (ISO/IEC 17025:2017) by a third-party accrediting body that
is a signatory to the International Laboratory Accreditation Accrediting
Cooperation mutual recognition arrangement or that is otherwise approved
by the Cannabis Control Commission;
Independent financially from any medical marijuana treatment
center (RMD) or marijuana establishment for which it conducts a test;
and
Qualified to test marijuana in compliance with 935 CMR 500.160
and MGL c. 94C, § 34.
A facility established in accordance with a valid site assignment
pursuant to MGL c. 111, § 150A, for the purposes of disposing
solid waste into or on the land.
[Amended by Ord. No. 169-2012; 6-19-2013 by Ord. No. 76-2013]
Waste materials including solid wastes, sewage, sludge, and
agricultural wastes that are capable of releasing waterborne contaminants
to the surrounding environment.
[Amended 3-5-1990]
The length in feet an establishment faces a street or public
right-of-way at the first floor or entrance level.
[Amended 4-10-1990]
A program administered by the Massachusetts Department of
Housing and Community Development (DHCD) pursuant to 760 CMR 56.00
to develop and implement local housing initiatives that produce affordable
housing.
[Amended 7-17-2007 by Ord. No. 103; 2-16-2016 by Ord. No. 013]
A parcel of land in identical ownership throughout of at
least sufficient size to meet the minimum requirements of this chapter
for use, frontage, coverage, and area and to provide required yards
and other open spaces. The area of a lot is that area, in square feet
or acres, enclosed by the lot lines of a single lot. In calculating
the area of a lot for purposes of determining such lot's conformance
with the minimum area requirements of this chapter (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 20% of that portion
of a lot classifiable as freshwater or coastal wetlands under the
provisions of MGL c. 131, § 40, as amended, shall be included
in the calculation of a lot's area for purposes of determining conformance
with this chapter.
[Amended 3-25-1996 by Ord. No. 49; 8-27-1996 by Ord. No. 169; 6-24-2004 by Ord. No. 161; 12-29-2005 by Ord. No. 206]
LOT, CORNERA lot with frontage on two or more streets at their intersection, where the interior angle of the intersection is less than 130°.
LOT, NONCONFORMINGA lot of record at the time this chapter becomes effective but which does not conform with the regulations for the district in which it is located.
LOT WIDTHSee "frontage" definition in this section.
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.
[Amended 7-17-2007 by Ord. No. 103]
Boat and boat trailers, travel trailers, pickup campers or
coaches, motorized dwellings, tent trailers, and similar devices.
Uses that process, fabricate, assemble, treat, or package
finished parts or products without the production or use in large
quantities of hazardous or explosive materials. Due to the nature
of operations and products, little or no noise, offensive odors, undue
vibration or glare, and/or environmental pollution is produced, and,
therefore, there is minimal impact on surrounding properties. Operations
may include the storage of materials and the loading and unloading
of new materials and finished products. Activities common to this
use include, but are not limited to, food and beverage production,
electronics and other electrical equipment assembly, furniture and
other woodworking, printing and publishing operations, computer hardware
manufacturing, and the fabrication of metal products except machinery
and transportation equipment.
[Added 4-19-2016 by Ord.
No. 014]
An entity licensed by the CCC to cultivate, process and package
marijuana, and to transfer marijuana to other marijuana establishments,
but not to consumers.
[Added 1-7-2019 by Ord.
No. 213A]
A marijuana retailer, marijuana product manufacturer, marijuana
cultivator, marijuana testing facility, marijuana research facility,
marijuana transporter, or any other type of CCC licensed marijuana-related
business.
[Added 1-7-2019 by Ord.
No. 213A]
Marijuana and its products unless otherwise indicated. These
include products have been manufactured and contain marijuana or an
extract from marijuana, including concentrated forms of marijuana
and products composed of marijuana and other ingredients that are
intended for use or consumption, including edible products, beverages,
topical products, ointments, oils and tinctures.
[Added 1-7-2019 by Ord.
No. 213A]
An entity licensed by the CCC to obtain, manufacture, process
and package marijuana products and to transfer these products to other
marijuana establishments, but not to consumers.
[Added 1-7-2019 by Ord.
No. 213A]
An entity licensed by the CCC to engage in research projects.
[Added 1-7-2019 by Ord.
No. 213A]
An entity licensed by the CCC to purchase and transport marijuana
product from marijuana establishments and to sell or otherwise transfer
this product to marijuana establishments and to consumers. Retailers
are prohibited from delivering marijuana products to consumers, and
from offering marijuana products for the purposes of on-site social
consumption on the premises of a marijuana establishment.
[Added 1-7-2019 by Ord.
No. 213A]
An entity that is licensed by the CCC to purchase, obtain,
and possess marijuana product solely for the purpose of transporting,
temporary storage, sale and distribution to marijuana establishments,
but not to consumers.
[Added 1-7-2019 by Ord.
No. 213A]
In a development with affordable housing, "market-rate housing"
means all units other than the affordable housing units as defined
in this chapter.
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.
[Amended 7-17-2007 by Ord. No. 103]
A number or point which is halfway between two extremes.
An entity registered under 935 CMR 501.000: Medical Marijuana
that acquires, cultivates, possesses, processes (including development
of related products such as edible cannabis or marijuana products,
tinctures, aerosols, oils, or ointments), transfers, transports, sells,
distributes, dispenses, or administers marijuana, products containing
marijuana, related supplies, or educational materials to registered
qualifying patients or their personal caregivers. Unless otherwise
specified, RMD refers to the site(s) of dispensing, cultivation, and
preparation of marijuana.
[Added 1-7-2019 by Ord.
No. 213A]
Massachusetts General Law.
[Added by Ord. No. 169-2012; amended 6-19-2013 by Ord. No. 76-2013]
A co-located marijuana establishment that can be either a
marijuana cultivator or marijuana product manufacturer or both, in
compliance with the operating procedures for each license by the CCC.
A microbusiness that is a marijuana product manufacturer may purchase
no more than 2,000 pounds of marijuana per year from other marijuana
establishments.
[Added 1-7-2019 by Ord.
No. 213A]
The removal and relocation of geologic materials such as
topsoil, sand and gravel, metallic ores, or bedrock.
[Amended 3-5-1990]
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.
[Amended 2-19-2009 by Ord. No. 230]
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.
Any lot used to accommodate two 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.
Parking spaces provided outside of the right-of-way of a
street or highway.
[Amended 7-17-2013 by Ord. No. 52]
Parking spaces provided within the right-of-way of a street
or highway.
[Amended 7-17-2013 by Ord. No. 52]
The driving portion of a parking lot, which provides access
to each parking space.
[Amended 7-17-2013 by Ord. No. 52]
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.
[Amended 7-17-2013 by Ord. No. 52]
A space in which a single vehicle may be parked.
[Amended 7-17-2013 by Ord. No. 52]
The Planning Board of the City of Beverly.
The length in feet of that side of an establishment's structure
that faces a street or public right-of-way at the first floor or entrance
level.
[Amended 5-29-2003 by Ord. No. 59]
Any motor vehicle which meets the definition of "private
passenger motor vehicle" as defined in 540 CMR 2.05, as may be amended.
[Amended 8-27-1996 by Ord. No. 169]
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 areas, landscaping, or other green space.
Areas composed of permeable stratified sand and gravel and
certain wetlands that collect precipitation or surface water and carry
it to aquifers.
[Amended 3-5-1990]
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.
[Amended 11-23-1994 by Ord. No. 254; 6-1-2015 by Ord. No. 314]
A visual barrier which may be:
[Amended 6-26-1987; 7-1-1992]
A masonry wall, brick veneer, tilt-wall concrete, or poured-in-place
concrete, minimum height of six feet.
A five-foot-wide and five-foot-high evergreen landscaping strip.
A landscaped earthen berm at least five feet in height.
A wood fence with permanent slats, not less than six feet in
height.
A combination of the above.
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 chapter shall be measured from the side line of the private
easement or the property line, whichever is closest to the location
of the building.
[Amended 5-4-2006 by Ord. No. 10]
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.
[Amended 2-19-2009 by Ord. No. 230]
[Amended 4-10-1990; 5-29-2003 by Ord. No. 59]
The definitions specific to signs shall control where there
is any inconsistency between the definitions specific to signs and
the general definitions of this chapter.
ABANDONED SIGNA 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.
ANIMATED SIGNAny sign with visible moving parts which includes any illuminated 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."
ADVERTISING SIGNA sign which directs attention to a business, profession, commodity, service, or entertainment conducted, sold, or offered elsewhere than upon the same premises.
ALTERATION TO SIGNAny enlargement, rewording (other than in the case of theater or cinema signs or other sign boards with automatically changing messages), redesign or alteration 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 30% 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 chapter.
AREA OF SIGNThe 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.
AWNING SIGNAny 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.
CANOPY SIGNA sign located on a rigid structure erected over gas pumps at gas filling stations or over other automobile services areas.
CLUSTER SIGNTwo or more signs integrated into one freestanding sign structure.
DEFUNCT SIGNA sign which advertises an activity, business, project, or service no longer produced or conducted on the premises upon which the sign is located.
DIRECTORY SIGNA sign located on a building, or freestanding within the area between the building and 1/2 the distance to the nearest property line, which identifies the occupants and their location within a building.
FREESTANDING SIGNA sign, including the supporting device, not part of or attached to any building but located elsewhere on a lot.
OBSTRUCTING SIGNA 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.
OFF-PREMISES SIGNA sign which advertises or announces a use conducted or goods available elsewhere than on the lot on which the sign is located.
PORTABLE SIGNA freestanding sign not permanently affixed, anchored, or secured to the ground or structure on the lot it occupies.
PROJECTING SIGNAny sign which is attached to a building or other structure which projects more than 12 inches from the wall surface of the building or structure in front of which the sign is positioned.
ROOF SIGNAny sign erected, constructed, and maintained upon or over the roof of any building.
SANDWICH BOARD SIGNAn "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.
[Amended 6-20-2007 by Ord. No. 57]
TEMPORARY SIGNAny sign intended to be maintained for a continuous period not to exceed 14 days.
WALL SIGNA sign or letters placed on the building which projects no more than 12 inches from and is parallel to the face of the building.
WINDOW SIGNA sign 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 chapter. The
term "exterior design features" shall include but not be limited to
rigid canopies, feature strips, roofs, graphics, and color.
The access of a solar energy system to direct sunlight.
[Added 6-18-2018 by Ord.
No. 067B]
A device or structural design feature, a substantial purpose
of which is to provide daylight for interior lighting or provide for
the collection, storage, and distribution of solar energy for space
heating and cooling, electricity generation, or water heating.
[Added 6-18-2018 by Ord.
No. 067B]
SOLAR ENERGY SYSTEM, GROUND-MOUNTEDA solar energy system, including, but not limited to, panels, electrical equipment, and accessory structures, that is structurally mounted to the ground and is not roof-mounted; may be of any size.
SOLAR ENERGY SYSTEM, LARGE-SCALEA solar energy system that occupies more than 1,000 square feet of surface area.
SOLAR ENERGY SYSTEM, ROOF-MOUNTEDA solar energy system that is structurally mounted to the roof of a building or structure; may be of any size.
SOLAR ENERGY SYSTEM, SMALL-SCALEA solar energy system that occupies 1,000 square feet or less of surface area.
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.
[Amended 3-5-1990]
That portion of a building included between the floor and
the 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 feet above the floor of such partial story.
A construction including, but not limited to, buildings as
hereinbefore defined, stadiums, radio towers, fences, freestanding
signs, projecting sign and other structural facilities.
[Amended 5-29-2003 by Ord. No. 59]
[Amended 12-29-2005 by Ord. No. 206]
A residential development in which:
At least 80% of the units are occupied by at least one person
age 55 and over;
At least 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
At least 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.
The Department of Housing and Community Development Chapter
40B Subsidized Housing Inventory.
[Amended 7-17-2007 by Ord. No. 103]
An accessory use located within a brewery/distillery/winery
establishment that allows patrons to taste samples of alcoholic beverages
that are produced on-site, provided that any such facility that serves
samples of alcoholic beverages has a Commonwealth of Massachusetts
issued farmer series pouring permit, per MGL c. 138 § 19B(n),
Farmer winery, 19C(n), Farmer-brewery, or 19E(o), Farmer-distillery.
[Added 4-19-2016 by Ord.
No. 014]
A tasting room may also include related retail sales and host
marketing events, special events, and/or factory tours.
A tasting room or accessory retail shall front the street at
sidewalk level or have a well-marked and visible entrance at sidewalk
level, and be open to the public.
A tasting room or accessory retail may not be greater than 33%
of the establishment's gross square footage, or 2,000 square feet,
whichever is less.
An outdoor patio may be included in the total area of a tasting
room, so long as it does not occur in the parking area and appropriate
screening is provided, if necessary.
The use of any lot or portion thereof or building or accessory
building or any portion thereof or room therein for temporary sleeping
accommodations, occupancy, and/or stays for a period of fewer than
30 consecutive days for a fee.
[Added 12-4-2023 by Ord. No. 184A]
The principal purpose for which a lot or the principal building
thereon is designed, occupied, maintained, or intended to be used.
USE, ACCESSORYA use of a building, land, or portion thereof, normally incidental to the permitted use of the premises.
USE, NONCONFORMINGA use which lawfully exists at the time this chapter becomes effective but which does not conform with the regulations for the district in which it is located.
USE, PRINCIPALAny primary purpose for which a structure or lot is designed, arranged, occupied, or intended, which may be used or maintained under this chapter. The use of any structure or land on the same lot and incidental or supplementary thereto and permitted under this chapter shall be considered as accessory use.
A retail establishment displaying and selling four or more
previously owned vehicles per year.
A required open space lying between a building or outer building
of a group and the nearest lot line.
YARD, FRONTAn open space extending for the full width of the lot between the front line of the building wall and the front lot line; on corner lots either street may be designated as the front yard regardless of the address or entrance location of the building. The front-yard setback shall apply to one street only.
YARD, REARAn 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.
[Amended 7-1-1992]
YARD, SIDEAn 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 parallel and extended to a rear point of intersection within the lot.
[1]
Editor's Note: The former definition of "accessory apartment,"
as amended 6-26-1987 and 7-5-2012 by Ord. No. 72, which immediately preceded this definition,
was repealed 12-4-2023 by Ord. No. 184A.
