[Amended 12-4-2006 by Ord. No. 170]
A.
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
chapter for the district in which such building, structure, lot or
land is located.
B.
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 chapter in the district in which such building or structure
is located.
Any lot lawfully laid out by plan or deed duly recorded, as
defined in MGL c. 41, § 81L, 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 MGL c. 41, § 81P,
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 MGL c. 40A, § 6. The minimum
side yard for such lots shall not be less than eight feet.
All building permits issued prior to the adoption of this chapter
are subject to the provisions of MGL c. 40A, §§ 6 and
7.
A.
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.
B.
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.
C.
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.
[Amended 4-30-1997 by Ord. No. 28; 12-4-2006 by Ord. No. 170]
A.
Building height limits set forth in this chapter shall not apply
to belfries, chimneys, cupolas, domes, flagpoles, flues, monuments,
spires, water towers and tanks, air-conditioning units, nor to similar
structures and mechanical appurtenances placed on roofs, except where
such structures are located within an airport approach zone; and provided
that no such structures shall be used for human occupancy.
B.
A parapet wall, cornice, or similar architectural element shall not
exceed more than four feet above the height limits prescribed in this
chapter.
C.
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.
A.
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
chapter shall be included as part of a yard or other open space similarly
required for another building.
B.
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 subsection shall not
apply where a portion of a lot is acquired for a public purpose.
C.
Yards.
[Amended 7-1-1992; 12-4-2006 by Ord. No. 170]
(1)
Every part of a required yard shall be open to the sky and unobstructed
except for accessory buildings in the yard area, and except for ordinary
projections of the belt courses, cornices, sills, skylights, and ornamental
features projecting from the building not more than 12 inches. Open
or lattice-enclosed fire escapes and the ordinary projections of chimneys
and flues are permitted.
(2)
Projecting eaves, chimneys, bay windows, balconies, open fire escapes,
and like projections which do not project more than 3 1/2 feet,
and unenclosed steps, unroofed porches, enclosed bulkheads, and the
like which do not project more than 10 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.
D.
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 § 300-18 below.
E.
Any lot on which more than one house existed at the time of the adoption
of this chapter may be divided with a minimum of nonconformance, and
sold to separate owners and used with a minimum of nonconformance.
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 feet and eight 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.
The separate provisions of this chapter and the Zoning District
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.
A.
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 chapter (December 1984)
and on new streets in industrial zoning districts if the following
conditions are met:
(1)
The site is an appropriate location for the proposed use and the
character of adjoining uses will not be adversely affected.
(2)
No factual evidence is found that property values in the district
will be adversely affected by such use.
(3)
No undue traffic and no nuisance or unreasonable hazard will result.
(4)
Adequate and appropriate facilities will be provided for the proper
operation and maintenance of the proposed uses.
(5)
There are no valid objections from abutting property owners based
on demonstrable fact.
(6)
The minimum lot area of the pork-chop-shaped lot shall 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.
(7)
The width of the pork-chop-shaped lot measured at the shortest distance
between side lot lines is no less than 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 15 years from the
date of adoption of this zoning amendment (9-5-1991). 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.
[Amended 9-5-1991]
(8)
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.
[Amended 6-26-1987]
(9)
The depth of that portion of the lot which fails to satisfy the lot frontage requirements set forth in the definition of "frontage" in § 300-5 between the street and the existing or proposed building on the lot cannot exceed a distance of 250 feet from the street.
(10)
There shall be not more than one other pork-chop-shaped lot
with frontage contiguous to it.
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 1) excessive noise (excessive noise being above 50 dBA at the nearest lot line), or 2) interference with local television and radio reception or otherwise derogate substantially from the public good, as well as meeting requirements of § 300-91, except wind energy conversion systems are allowed by right if they meet all of the following conditions:
A.
A single windmill or wind energy conversion system may be used on
a lot for generating power primarily for on-site use.
B.
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 20 feet. Setbacks will be measured
to the center of the tower base.
C.
The maximum tower height shall be 70 feet from grade to the center
of the rotor.
D.
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 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.
E.
The diameter of a rotor may not exceed 30 feet.
F.
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 $100 for each day after notification
to dismantle.
G.
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.
H.
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 the 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.
I.
All certifications and plans required shall be at the applicant's
expense.
J.
The wind energy conversion system shall not cause excessive noise,
above 50 dBA, at the nearest lot line.
A.
The removal of sod or loam or the removal of gravel or other mineral
matter for commercial purposes shall be prohibited except by approval
of the Board of Appeals. In acting upon applications under this section,
the following conditions shall be observed:
(1)
The Board of Appeals shall hold a public hearing after notifying
all interested parties, as provided by Chapter 40A of the Massachusetts
General Laws.
(2)
The applicant shall furnish a plan showing present and proposed conditions
and state a time of completion.
(3)
The Board of Appeals shall consider the neighborhood and its future
development in passing on applications.
(4)
The applicant shall furnish a performance bond of an amount determined
by the Board of Appeals and surety satisfactory to the City Treasurer.
(5)
The applicant shall authorize the City to use the proceeds of the
bond to restore the property to a condition not detrimental to the
neighborhood or its future development if the work is not completed
within two years of the proposed time.
(6)
No permits shall be granted for periods longer than five years.
B.
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.
A.
Purpose; appointment; terms; recommendations.
(1)
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 25% or greater expansion of existing structures in the Central Commercial (CC/CC2), Neighborhood Commercial (CN), General Commercial (CG), Restricted Industrial (IR), IR Overlay, General Industrial (IG), Hospital District (HD), or Beverly Harbor District (BHD) zones. Additionally, the Design Review Board will review all projects that involve new noncommercial uses on or in first floor street-facing facades in the CC/CC2 Zoning Districts, and those projects involving special permits and zoning variances in the CC/CC2, CN, CG, IR, IG, and BHD Districts. 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, or BHD 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 § 300-98C.)
[Amended 6-1-2015 by Ord.
No. 314; 2-13-2023 by Ord. No. 279]
(2)
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) and the General Guidelines of the Beverly
Sign Ordinance, all as the same may hereafter be amended.
[Amended 7-17-2013 by Ord. No. 57; 2-13-2023 by Ord. No. 279]
(3)
Appointment. The Mayor shall appoint, subject to confirmation by
the City Council, a Design Review Board to consist of seven members:
one member shall be a representative from the planning staff, one
member from the Planning Board, one member from the Board of Appeals,
one member from the Historic Districts Commission and the remaining
three members shall include, if possible, one architect, one architect
or landscape architect or graphic designer, and one business person
and/or property owner from one of the designated design review districts.
[Amended 2-16-2016 by Ord. No. 013]
(4)
Term. For the three appointed members, the Mayor shall initially
appoint one member for three years, one for two 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 City Council for the unexpired term.
[Amended 2-16-2016 by Ord. No. 013]
(5)
Recommendation procedure. The Design Review Board shall respond to
a request(s) for recommendation(s) within 30 days of receipt of such
request. Failure to forward its recommendation(s) within 30 days will
be deemed conclusion of review by the Design Review Board.
[Amended 7-17-2013 by Ord. No. 57]
[Amended 5-20-1993]
A.
Other provisions of the zoning ordinance notwithstanding, no construction
of any kind within 100 feet of Wenham Lake for residentially used
property, and no construction of any kind within 150 feet of Wenham
Lake for property used for any purpose other than residential, shall
be permitted.
[Amended 1-2-1996 by Ord. No. 57]
Nothing in this chapter shall be deemed to prevent horticultural
or floricultural activities for personal use or consumption, and nothing
in this chapter shall be deemed to prohibit the sale of horticultural
or floricultural products grown entirely on the premises from which
they are sold during the months of May, June, July, August, and September,
regardless of lot size.
[Amended 4-30-1997 by Ord. No. 28]
A.
All communication towers and antennas allowed via special permit
and other like facilities may be erected to a maximum height of 100
feet and shall be set back a minimum distance of the total height
plus 20 feet to the nearest abutting property, measured from the center
of the tower or structure.
B.
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 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 above ground.
C.
Other provisions of this chapter notwithstanding, television and
communication antennas 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 chapter regardless of ownership
in any nonresidential zoning district, without a special permit; provided,
however, that the antennas do not project more than 20 feet above
the top of the structures on which they are located.
D.
Special permits shall not be required for television and communication
antennas erected by noncommercial users for noncommercial purposes;
provided, however, that such antennas must meet the height and setback
requirements applicable to the zoning district in which they are located.
