Article VII District Regulations

§ 300-30 R-90 One-Family District.

General description. The R-90 One-Family District is established to principally provide for single-family detached residences on large lots (approximately two acres minimum). Related recreational, agricultural, and educational facilities are allowed under special conditions.

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 MGL Chapter 61A) uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of five acres.

[Amended 1-2-1996 by Ord. No. 57]

(6)

Those uses, including accessory buildings, allowed by right under Article VI.

(7)

Accessory dwelling unit pursuant to § 300-55, provided the property in question:

[Added 12-4-2023 by Ord. No. 184A]

(a)

Does not have at, in, or on such property any type of nonconforming situation, noncomplying situation, or nonconforming structure, 10 years or older, each as defined by § 300-73 of this chapter;

(b)

Is not the subject of an existing finding, special permit, or variance; or

(c)

Does not require a variance or other zoning relief in order to construct or create the accessory dwelling unit.

Uses by special permit.

(1)

The following uses are only allowed by special permit granted by the Board of Appeals:

(a)

Planned residential development, subject to the provisions of § 300-53 below.

(b)

Subsidized elderly housing.

(c)

Golf club, beach club, or tennis club.

(d)

Commercial marina for the sale, mooring, and rental of boats.

(e)

Private, noncommercial stable.

(f)

Commercial riding stable.

(g)

Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges, not including outdoor vehicle or equipment storage.

(h)

Bed-and-breakfast establishments.

[Amended 3-19-1991]

(i)

Those uses, including accessory uses, allowed by special permit under Article VI.

(j)

Pork-chop lots on streets in existence prior to December 1984, subject to the provisions of § 300-18 above.

(k)

Horticultural and floricultural (as defined by MGL Chapter 61A) uses on lots with at least one acre but fewer than five acres.

[Amended 1-2-1996 by Ord. No. 57]

(l)

Commercial mobile radio service transmission facilities, structures, and/or towers.

[Amended 6-11-1996 by Ord. No. 115]

(m)

Accessory dwelling unit pursuant to § 300-55, if the property in question i) involves a nonconforming situation as defined by § 300-73 of this chapter; ii) is the subject of an existing finding, special permit, or variance; or iii) requires a variance, relief under § 300-76, or other zoning relief. Applicants for a special permit for accessory dwelling unit use shall also comply with the requirements of all other provisions of this chapter. Noncomplying structures and nonconforming structures, 10 years or older, as defined in § 300-73 of this chapter, shall not be eligible for a special permit for accessory dwelling unit use.

[Added 12-4-2023 by Ord. No. 184A]

(2)

The following uses are only allowed by special permit granted by the Planning Board:

[Added 6-18-2018 by Ord. No. 067B]

(a)

Large-scale ground-mounted solar energy system, subject to the provisions of § 300-135.

Building and area requirements.

(1)

Minimum lot area: 90,000 square feet.

(2)

Minimum lot frontage: 225 feet.

[Amended 7-1-1992]

(3)

Minimum front yard setback: 30 feet.

(4)

Minimum side yard setback: 20 feet.

(5)

Minimum rear yard setback: 25 feet.

(6)

Maximum building height: 35 feet.

(7)

For "cluster" development, see § 300-54.

Parking requirements. Off-street parking shall be in accordance with the requirements set forth in Article X below.

Sign requirements. All signs in the R-90 District shall conform to the regulations set forth in Article XI below.

Special requirements. 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.

§ 300-31 R-45 One-Family District.

General description. The R-45 One-Family District is established to principally provide for single-family detached residences at suburban density on moderately large lots (approximately one acre minimum). Related recreational, agricultural, and educational facilities are allowed under special conditions.

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)

[Amended 1-2-1996 by Ord. No. 57]

(6)

Those uses, including accessory buildings, allowed by right under Article VI.

(7)

Accessory dwelling unit pursuant to § 300-55, provided the property in question:

[Added 12-4-2023 by Ord. No. 184A]

(a)

Does not have at, in, or on such property any type of nonconforming situation, noncomplying situation, or nonconforming structure, 10 years or older, each as defined by § 300-73 of this chapter;

(b)

Is not the subject of an existing finding, special permit, or variance; or

(c)

Does not require a variance or other zoning relief in order to construct or create the accessory dwelling unit.

Uses by special permit.

(1)

The following uses are only allowed by special permit granted by the Board of Appeals:

(a)

Planned residential development, on a minimum lot size of 10 acres, subject to the provisions of § 300-53 below.

(b)

Subsidized elderly housing.

(c)

Golf club, beach club, or tennis club.

(d)

Commercial marina for the sale, mooring, and rental of boats.

(e)

Private, noncommercial stable.

(f)

Commercial riding stable.

(g)

Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges, not including outdoor vehicle or equipment storage.

(h)

Bed-and-breakfast establishments.

[Amended 3-19-1991]

(i)

Those uses, including accessory uses, allowed by special permit under Article VI.

(j)

Pork-chop lots on streets in existence prior to December 1984, subject to the provisions of § 300-18 above.

(k)

Horticultural and floricultural (as defined by MGL Chapter 61A) uses on lots with at least one acre but fewer than five acres.

[Amended 1-2-1996 by Ord. No. 57]

(l)

Commercial mobile radio service transmission facilities, structures, and/or towers.

[Amended 6-11-1996 by Ord. No. 115]

(m)

[Added 12-4-2023 by Ord. No. 184A]

(2)

The following uses are only allowed by special permit granted by the Planning Board:

[Added 6-18-2018 by Ord. No. 067B]

(a)

Large-scale ground-mounted solar energy system, subject to the provisions of § 300-135.

Building and area requirements.

(1)

Minimum lot area: 45,000 square feet.

(2)

Minimum lot frontage: 175 feet.

[Amended 7-1-1992]

(3)

Minimum front yard setback: 30 feet.

(4)

Minimum side yard setback: 20 feet.

(5)

Minimum rear yard setback: 25 feet.

(6)

Maximum building height: 35 feet.

(7)

For "cluster" development, see § 300-54.

Parking requirements. Off-street parking shall be in accordance with the requirements set forth in Article X below.

Sign requirements. All signs in the R-45 District shall conform to the regulations set forth in Article XI below.

§ 300-32 R-22 One-Family District.

General description. The R-22 One-Family 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.

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)

[Amended 1-2-1996 by Ord. No. 57]

(6)

Those uses, including accessory buildings, allowed by right under Article VI.

(7)

Accessory dwelling unit pursuant to § 300-55, provided the property in question:

[Added 12-4-2023 by Ord. No. 184A]

(a)

Does not have at, in, or on such property any type of nonconforming situation, noncomplying situation, or nonconforming structure, 10 years or older, each as defined by § 300-73 of this chapter;

(b)

Is not the subject of an existing finding, special permit, or variance; or

(c)

Does not require a variance or other zoning relief in order to construct or create the accessory dwelling unit.

Uses by special permit.

(1)

The following uses are only allowed by special permit granted by the Board of Appeals:

(a)

Planned residential development, subject to the provisions of § 300-53 below.

(b)

Subsidized elderly housing.

(c)

Commercial marina for the sale, mooring, and rental of boats.

(d)

Private, noncommercial stable.

(e)

Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges, not including outdoor vehicle or equipment storage.

(f)

Bed-and-breakfast establishments.

[Amended 3-19-1991]

(g)

Those uses, including accessory uses, allowed by special permit under Article VI.

(h)

Pork-chop lots on streets in existence prior to December 1984, subject to the provisions of § 300-18 above.

(i)

Horticultural and floricultural (as defined by MGL Chapter 61A) uses on lots with at least one acre but fewer than five acres.

[Amended 1-2-1996 by Ord. No. 57]

(j)

Commercial mobile radio service transmission facilities, structures, and/or towers.

[Amended 6-11-1996 by Ord. No. 115]

(k)

[Added 12-4-2023 by Ord. No. 184A]

(2)

The following uses are only allowed by special permit granted by the Planning Board:

[Added 6-18-2018 by Ord. No. 067B]

(a)

Large-scale ground-mounted solar energy system, subject to the provisions of § 300-135.

Building and area requirements.

(1)

Minimum lot area: 22,000 square feet.

(2)

Minimum lot frontage: 150 feet.

[Amended 7-1-1992]

(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 § 300-54.

Parking requirements. Off-street parking shall be in accordance with the requirements set forth in Article X below.

Sign requirements. All signs in the R-22 District shall conform to the regulations set forth in Article XI below.

§ 300-33 R-15 One-Family District.

General description. The R-15 One-Family 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.

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)

[Amended 1-2-1996 by Ord. No. 57]

(6)

Those uses, including accessory buildings, allowed by right under Article VI.

(7)

Accessory dwelling unit pursuant to § 300-55, provided the property in question:

[Added 12-4-2023 by Ord. No. 184A]

(a)

Does not have at, in, or on such property any type of nonconforming situation, noncomplying situation, or nonconforming structure, 10 years or older, each as defined by § 300-73 of this chapter;

(b)

Is not the subject of an existing finding, special permit, or variance; or

(c)

Does not require a variance or other zoning relief in order to construct or create the accessory dwelling unit.

Uses by special permit.

(1)

The following uses are only allowed by special permit granted by the Board of Appeals:

(a)

Planned residential development, subject to the provisions of § 300-53 below.

(b)

Subsidized elderly housing.

(c)

Commercial marina for the sale, mooring, and rental of boats.

(d)

Private, noncommercial stable.

(e)

Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges, not including outdoor vehicle or equipment storage.

(f)

Bed-and-breakfast establishments.

[Amended 3-19-1991]

(g)

Those uses, including accessory uses, allowed by special permit under Article VI.

(h)

Pork-chop lots on streets in existence prior to December 1984, subject to the provisions of § 300-18 above.

(i)

Horticultural and floricultural (as defined by MGL Chapter 61A) uses on lots with at least one acre but fewer than five acres.

[Amended 1-2-1996 by Ord. No. 57]

(j)

Commercial mobile radio service transmission facilities, structures, and/or towers.

[Amended 6-11-1996 by Ord. No. 115]

(k)

[Added 12-4-2023 by Ord. No. 184A]

(2)

The following uses are only allowed by special permit granted by the Planning Board:

[Added 6-18-2018 by Ord. No. 067B]

(a)

Large-scale ground-mounted solar energy system, subject to the provisions of § 300-135.

Building and area requirements.

(1)

Minimum lot area: 15,000 square feet.

(2)

Minimum lot frontage: 125 feet.

[Amended 7-1-1992]

(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 § 300-54.

Parking requirements. Off-street parking shall be in accordance with the requirements set forth in Article X below.

Sign requirements. All signs in the R-15 District shall conform to the regulations set forth in Article XI below.

§ 300-34 R-10 One-Family District.

General description. The R-10 One-Family 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.

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)

[Amended 1-2-1996 by Ord. No. 57]

(6)

Those uses, including accessory buildings, allowed by right under Article VI.

(7)

Accessory dwelling unit pursuant to § 300-55, provided the property in question:

[Added 12-4-2023 by Ord. No. 184A]

(a)

Does not have at, in, or on such property any type of nonconforming situation, noncomplying situation, or nonconforming structure, 10 years or older, each as defined by § 300-73 of this chapter;

(b)

Is not the subject of an existing finding, special permit, or variance; or

(c)

Does not require a variance or other zoning relief in order to construct or create the accessory dwelling unit.

Uses by special permit.

(1)

The following uses are only allowed by special permit granted by the Board of Appeals:

(a)

Subsidized elderly housing.

(b)

Commercial marina for the sale, mooring, and rental of boats.

(c)

Private, noncommercial stable.

(d)

Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges, not including outdoor vehicle or equipment storage.

(e)

Bed-and-breakfast establishments.

[Amended 3-19-1991]

(f)

Those uses, including accessory uses, allowed by Special Permit under Article VI.

(g)

Pork-chop lots on streets in existence prior to December 1984, subject to the provisions of § 300-18 above.

(h)

Horticultural and floricultural (as defined by MGL Chapter 61A) uses on lots with at least one acre but fewer than five acres.

[Amended 1-2-1996 by Ord. No. 57]

(i)

Commercial mobile radio service transmission facilities, structures, and/or towers.

[Amended 6-11-1996 by Ord. No. 115]

(j)

[Added 12-4-2023 by Ord. No. 184A]

(2)

The following uses are only allowed by special permit granted by the Planning Board:

[Added 6-18-2018 by Ord. No. 067B]

(a)

Large-scale ground-mounted solar energy system, subject to the provisions of § 300-135.

Building and area requirements.

(1)

Minimum lot area: 10,000 square feet.

(2)

Minimum lot frontage: 100 feet.

[Amended 7-1-1992]

(3)

Minimum front yard setback: 20 feet.

(4)

Minimum side yard setback: 15 feet.

(5)

Minimum rear yard setback: 25 feet.

(6)

Maximum building height: 35 feet.

(7)

For "cluster" development, see § 300-54.

Parking requirements. Off-street parking shall be in accordance with the requirements set forth in Article X below.

Sign requirements. All signs in the R-10 District shall conform to the regulations set forth in Article XI below.

§ 300-35 R-6 One-Family and Two-Family District.

General description. The R-6 One-Family and Two-Family District is established to provide for single-family and two-family residences at urban density on small-sized lots (minimum of 6,000 square feet). Related recreational, agricultural, and educational facilities are allowed under special conditions.

Uses by right. Property and buildings shall be used only for the following purposes:

(1)

Detached one-family dwelling.

(2)

Semidetached 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)

[Amended 1-2-1996 by Ord. No. 57]

(7)

Those uses, including accessory buildings, allowed by right under Article VI.

(8)

Accessory dwelling unit pursuant to § 300-55, provided the property in question:

[Added 12-4-2023 by Ord. No. 184A]

(a)

Does not have at, in, or on such property any type of nonconforming situation, noncomplying situation, or nonconforming structure, 10 years or older, each as defined by § 300-73 of this chapter;

(b)

Is not the subject of an existing finding, special permit, or variance; or

(c)

Does not require a variance or other zoning relief in order to construct or create the accessory dwelling unit.

Uses by special permit.

(1)

The following uses are only allowed by special permit granted by the Board of Appeals:

(a)

Subsidized elderly housing.

(b)

Commercial marina for the sale, mooring, and rental of boats.

(c)

Private, noncommercial stable.

(d)

Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges, not including outdoor vehicle or equipment storage.

(e)

Bed-and-breakfast establishments.

[Amended 3-19-1991]

(f)

Those uses, including accessory uses, allowed by special permit under Article VI.

(g)

Pork-chop lots on streets in existence prior to December 1984, subject to the provisions of § 300-18 above.

(h)

Horticultural and floricultural (as defined by MGL Chapter 61A) uses on lots with at least one acre but fewer than five acres.

[Amended 1-2-1996 by Ord. No. 57]

(i)

Commercial mobile radio service transmission facilities, structures, and/or towers.

[Amended 6-11-1996 by Ord. No. 115]

(j)

[Added 12-4-2023 by Ord. No. 184A]

(2)

The following uses are only allowed by special permit granted by the Planning Board:

[Added 6-18-2018 by Ord. No. 067B]

(a)

Large-scale ground-mounted solar energy system, subject to the provisions of § 300-135.

Building and area requirements.

(1)

Minimum lot area: 6,000 square feet plus 1,000 square feet for one additional dwelling unit.

(2)

Minimum lot area for semidetached dwelling unit: 3,500 square feet.

(3)

Minimum lot frontage: 65 feet.

[Amended 7-1-1992]

(4)

Minimum lot width for semidetached dwelling unit: 40 feet.

(5)

Minimum front yard setback: 20 feet.

(6)

Minimum side yard setback: 10 feet.

(7)

Minimum side yard setback for semidetached dwelling unit: 15 feet (one side only).

(8)

Minimum rear yard setback: 25 feet.

(9)

Maximum building height: 35 feet.

Parking requirements. Off-street parking shall be in accordance with the requirements set forth in Article X below.

Sign requirements. All signs in the R-6 District shall conform to the regulations set forth in Article XI below.

§ 300-36 RMD Multifamily District.

[Amended 3-19-1991; 7-1-1992; 1-2-1996 by Ord. No. 57; 6-11-1996 by Ord. No. 115; 2-16-2016 by Ord. No. 013; 4-19-2016 by Ord. No. 014; 6-18-2018 by Ord. No. 067B; 12-4-2023 by Ord. No. 184A; 10-21-2024 by Ord. No. 236]

General description. The RMD Multifamily District is established to provide for multifamily residences at medium density. Related recreational, agricultural, and educational facilities are allowed under special conditions.

Uses by right. Property and buildings shall be used only for the following purposes:

(1)

Detached one-family dwelling.

(2)

Semidetached dwelling and two-family dwelling.

(3)

Multifamily dwelling, subject to the requirements of Subsection 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)

(9)

Those uses, including accessory buildings, allowed by right under Article VI.

(10)

Accessory dwelling unit pursuant to § 300-55, provided the property in question:

(a)

Does not have at, in, or on such property any type of nonconforming situation, noncomplying situation, or nonconforming structure, 10 years or older, each as defined by § 300-73 of this chapter;

(b)

Is not the subject of an existing finding, special permit, or variance; or

(c)

Does not require a variance or other zoning relief in order to construct or create the accessory dwelling unit.

Uses by special permit.

(1)

The following uses are only allowed by special permit granted by the Board of Appeals:

(a)

Planned residential development, subject to the provisions of § 300-53.

(b)

Commercial marina for the sale, mooring, and rental of boats.

(c)

Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges, not including outdoor vehicle or equipment storage.

(d)

Bed-and-breakfast establishments.

(e)

Those uses, including accessory uses, allowed by special permit under Article VI.

(f)

Pork-chop lots on streets in existence prior to December 1984, subject to the provisions of § 300-18 above.

(g)

Horticultural and floricultural (as defined by MGL Chapter 61A) uses on lots with at least one acre but fewer than five acres.

(h)

Commercial mobile radio service transmission facilities, structures, and/or towers.

(i)

(2)

The following uses are only allowed by special permit granted by the Planning Board:

(a)

Artist live/work, subject to the provisions of Article XVI.

(b)

Large-scale ground-mounted solar energy system, subject to the provisions of § 300-135.

Building and area requirements.

(1)

Minimum lot area: 8,000 square feet plus 4,000 square feet for each additional dwelling unit over two.

(2)

Minimum lot area for semidetached dwelling unit: 3,500 square feet.

(3)

Minimum lot frontage: 65 feet.

(4)

Minimum lot width for semidetached dwelling unit: 40 feet.

(5)

Minimum front yard setback: 20 feet.

(6)

Minimum side yard setback: 10 feet.

(7)

Minimum side yard setback for semidetached dwelling unit: 15 feet (one side only).

(8)

Minimum rear yard setback: 20 feet.

(9)

Maximum building height: 35 feet.

(10)

For RMD Zoned lots in the MBTA Communities Overlay District see § 300-140B for building and area requirements.

Parking requirements. Off-street parking shall be in accordance with the requirements set forth in Article X below.

Sign requirements. All signs in the RMD District shall conform to the regulations set forth in Article XI below.

Special requirements for multiple dwellings. The development of multiple dwellings which includes townhouses shall be in accordance with the density and dimensional requirements of Subsection 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 feet are provided at fifty-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:

(a)

Front-to-front, front-to-rear, and rear-to-rear, 60 feet; end-to-end (with facing windows), not less than their average height.

(b)

End-to-end (without facing windows) or corner-to-corner (offset), not less than 1/2 of their height.

(c)

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 center lines 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 Director of Engineering, Commissioner of Public Services, Public Works that provision has been made for the disposal of sewage into a system of sufficient capacity.

(5)

All electrical and telephone service shall be provided underground to all buildings within a multiple dwelling group project. Antennas for the purposes of television reception shall be provided within a building wherever practicable, or else by one master antenna 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 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.

§ 300-37 RHD Multifamily District.

[Amended 6-26-1987; 10-9-1987; 3-19-1991; 1-2-1996 by Ord. No. 57; 6-11-1996 by Ord. No. 115; 2-16-2016 by Ord. No. 013; 4-19-2016 by Ord. No. 014; 6-18-2018 by Ord. No. 067B; 2-13-2023 by Ord. No. 279; 12-4-2023 by Ord. No. 184A; 10-21-2024 by Ord. No. 236]

General description. The RHD Multifamily District is established to provide principally for multifamily 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.

Uses by right. Property and buildings shall be used only for the following purposes:

(1)

Detached one-family dwelling.

(2)

Semidetached dwelling and two-family dwelling.

(3)

Multifamily dwelling, subject to the requirements of Subsection 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)

(9)

Those uses, including accessory buildings, allowed by right under Article VI.

Uses by special permit.

(1)

The following uses are only allowed by special permit granted by the Board of Appeals:

(a)

Lodging house.

(b)

Gymnasium, health club, commercial swimming pool.

(c)

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.

(d)

Commercial marina for the sale, mooring, and rental of boats.

(e)

Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges, not including outdoor vehicle or equipment storage.

(f)

Bed-and-breakfast establishments.

(g)

Pork-chop lots on streets in existence prior to December 1984, subject to the provisions of § 300-18 above.

(h)

Parking lot for commercial use in adjoining commercial district.

(i)

Those uses, including accessory uses, allowed by special permit under Article VI.

(j)

Horticultural and floricultural (as defined by MGL Chapter 61A) uses on lots with at least one acre but fewer than five acres.

(k)

Commercial mobile radio service transmission facilities, structures, and/or towers.

(l)

(2)

The following uses are only allowed by special permit granted by the Planning Board:

(a)

Artist live/work, subject to the provisions of Article XVI.

(b)

Large-scale ground-mounted solar energy system, subject to the provisions of § 300-135.

Building and area requirements.

(1)

Minimum lot area: 6,000 square feet plus 3,000 square feet for each additional dwelling unit over two.

(2)

Minimum lot area for semidetached dwelling unit: 3,500 square feet.

(3)

Minimum lot frontage: 50 feet.

(4)

Minimum lot width for semidetached dwelling unit: 40 feet.

(5)

Minimum front yard setback: 15 feet.

(6)

Minimum side yard setback: 10 feet; 15 feet if over three stories.

(7)

Minimum side yard setback for semidetached dwelling unit: 15 feet (one side only).

(8)

Minimum rear yard setback: 20 feet.

(9)

Maximum building height: 40 feet.

(10)

For RHD Zoned lots in the MBTA Communities Overlay District see § 300-140C for building and area requirements.

Parking requirements. Off-street parking shall be in accordance with the requirements set forth in Article X below.

Sign requirements. All signs in the RHD District shall conform to the regulations set forth in Article XI below.

(1)

(2)

In multiple dwelling groups, the minimum spacing between buildings shall be as follows:

(a)

Front-to-front, front-to-rear, and rear-to-rear: 60 feet.

(b)

End-to-end (with facing windows): not less than their average height.

(c)

End-to-end (without facing windows) or corner-to-corner (offset): not less than 1/2 of their height.

(d)

Front-to-rear siting shall be avoided if at all practicable.

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)

(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.

§ 300-38 RSD Special Residential District.

General description. The RSD Special Residential District is established to provide principally for special residential development at high density, as well as one-family, two-family, and multifamily 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.

Uses by right. Property and buildings shall be used only for the following purposes:

[Amended 1-2-1996 by Ord. No. 57; 2-16-2016 by Ord. No. 013]

(1)

Detached one-family dwelling.

(2)

Semidetached dwelling and two-family dwelling.

(3)

(Reserved)[1]

[1]

Editor's Note: Subsection B(3), Multifamily dwelling or apartment house, was repealed 3-20-2017 by Ord. No. 211A. See now Subsection C(1)(k) below.

(4)

Subsidized elderly housing.

(5)

Gymnasium, health club, commercial swimming pool, subject to the provisions of Subsection G(2) below.

(6)

Golf club, beach club, tennis club, subject to the provisions of Subsection G(2) below.

(7)

Historic site including historic dwellings, or museum not operated for profit.

(8)

Sanitary landfill facilities, provided that the same are operated by the municipality or pursuant to a municipal lease or license.

(9)

Home occupation as defined herein.

(10)

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 Subsection G(2) below.

(11)

Personal and consumer service establishments, including, but not limited to, barber or beauty shop and laundromat, subject to the provisions of Subsection G(2) below.

(12)

Restaurant selling food for consumption entirely on the premises, subject to the provisions of Subsection G(2) below.

(13)

(14)

Those uses, including accessory buildings, allowed by right under Article VI.

Uses by special permit.

[Amended 3-19-1991; 1-2-1996 by Ord. No. 57; 6-11-1996 by Ord. No. 115; 2-16-2016 by Ord. No. 013]

(1)

The following uses are only allowed by special permit granted by the Board of Appeals:

(a)

Planned residential development, subject to the provisions of § 300-53 below.

(b)

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.

(c)

Commercial marina for the sale, mooring, and rental of boats.

(d)

Private, noncommercial stable.

(e)

Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges, not including outdoor vehicle or equipment storage.

(f)

Pork-chop lots on streets in existence prior to December 1984, subject to the provisions of § 300-18 above.

(g)

Bed-and-breakfast establishments.

(h)

Those uses, including accessory uses, allowed by special permit under Article VI.

(i)

Horticultural and floricultural (as defined by MGL Chapter 61A) uses on lots with at least one acre but fewer than five acres.

(j)

Commercial mobile radio service transmission facilities, structures, and/or towers.

(k)

Multifamily dwelling, subject to the requirements of Subsection H below.

[Added 3-20-2017 by Ord. No. 211A; amended 12-4-2023 by Ord. No. 184A]

(l)

[Added 12-4-2023 by Ord. No. 184A]

(2)

The following uses are only allowed by special permit granted by the Planning Board:

[Added 6-18-2018 by Ord. No. 067B]

(a)

Large-scale ground-mounted solar energy system, subject to the provisions of § 300-135.

Building and area requirements.

(1)

The lot on which the building or group of buildings is constructed shall have a minimum area of 15,000 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 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 (MGL Chapter 41) shall not be deemed to divide said lot or tract into two or more lots or tracts.

[Amended 3-20-2017 by Ord. No. 211A]

(2)

(3)

Accessory commercial uses permitted by this chapter shall not occupy more than 2% of the total gross floor space of multifamily dwellings. No exterior signs advertising such uses and no illuminated interior signs displayed in windows shall be permitted.

(4)

Except for fences, walls, gardens, and landscape features, no dwelling or structure shall be erected closer than 200 feet to 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.

[Amended 6-26-1987]

(6)

Not more than 15% of the dwelling units within the district shall contain three or more bedrooms.

(7)

In multiple dwelling groups, the minimum spacing between buildings shall be as follows:

(a)

Front-to-front, front-to-rear, and rear-to-rear: 60 feet.

(b)

End-to-end (with facing windows): not less than their average height.

(c)

End-to-end (without facing windows) or corner-to-corner (offset): not less than 1/2 of their height.

(d)

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 the Subdivision Control Law. Buildings other than carports or garages shall be set back not less than 35 feet from the center line of two-way interior private ways and not less than 30 feet from the center line 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)

[Amended 2-16-2016 by Ord. No. 013]

(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)

(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.

Parking requirements. Off-street parking shall be in accordance with the requirements set forth in Article X below.

[Amended 2-16-2016 by Ord. No. 013]

Sign requirements. All signs in the RSD District shall conform to the regulations set forth in Article XI below.

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.

§ 300-39 CN Neighborhood Commercial District.

General description. The CN Neighborhood Commercial District is established principally to allow for limited commercial development adjacent to residential neighborhoods, intended to serve primarily those neighborhoods.

Uses by right. Property and buildings shall be used only for the following purposes:

(1)

Detached one-family dwelling.

(2)

Semidetached and two-family dwellings.

(3)

One or more dwellings in a permitted commercial building.

[Amended 6-26-1987]

(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 Article VI.

Uses by special permit.

(1)

The following uses are only allowed by special permit granted by the Board of Appeals:

(a)

Subsidized elderly housing.

(b)

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.

(c)

Commercial marina for the sale, mooring, and rental of boats.

(d)

Private, noncommercial stable.

(e)

Restaurant selling food for consumption entirely on the premises.

(f)

Taxi, rail, bus passenger terminal.

(g)

Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges, not including outdoor vehicle or equipment storage.

(h)

Bed-and-breakfast establishments.

[Amended 3-19-1991]

(i)

Any use, including accessory uses, allowed by special permit under Article VI.

(j)

Commercial mobile radio service transmission facilities, structures, and/or towers.

[Amended 6-11-1996 by Ord. No. 115]

(k)

Brewery, distillery, winery (pursuant to standards in § 300-3, Definitions and § 300-98B, Site plan review).

[Added 4-19-2016 by Ord. No. 014; amended 7-23-2019 by Order No. 393]

(2)

The following uses are only allowed by special permit granted by the Planning Board:

[Added 4-19-2016 by Ord. No. 014]

(a)

Artist live/work, subject to the provisions of Article XVI.

(b)

Large-scale ground-mounted solar energy system, subject to the provisions of § 300-135.

[Added 6-18-2018 by Ord. No. 067B]

Building and area requirements. Dimensional requirements are the same as the least restrictive adjacent residential district.

Parking requirements. Off-street parking shall be in accordance with the requirements set forth in Article X below.

Sign requirements. All signs in the CN District shall conform to the regulations set forth in Article XI below.

Special requirements.

(1)

Screening of conflicting uses.

(a)

At the time of occupancy of a new nonresidential use, or the expansion of the outside outline of an existing nonresidential 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 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.

(b)

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 chapter and shall be subject to the enforcement procedures contained herein.

[Amended 6-26-1987]

(2)

No retail or commercial establishment may operate between the hours of 12:00 midnight and 5:00 a.m.

[Amended 9-5-1991]

§ 300-40 CC Central Business/CC2 Central Business Cabot Districts.

[Amended 6-26-1987; 6-6-1990; 3-19-1991; 7-1-1992; 5-20-1993; 6-11-1996 by Ord. No. 115; 6-11-2007 by Ord. No. 35; 7-12-2011 by Ord. No. 61; 4-19-2016 by Ord. No. 0147-31-2017 by Ord. No. 374A; 6-18-2018 by Ord. No. 067B; 1-7-2019 by Ord. No. 213A; 7-23-2019 by Order No. 3932-13-2023 by Ord. No. 279; 12-4-2023 by Ord. No. 184A; 10-21-2024 by Ord. No. 236]

General description. The CC Central Business/CC2 Central Business Cabot Districts are established to provide principally for a central commercial business district.

Uses by right. Property and buildings shall be used only for the following purposes:

(1)

Detached one-family dwelling.

(2)

Semidetached and two-family dwelling.

(3)

Multifamily dwelling if not within a Core Pedestrian Area (as defined in § 300-5) and subject to Subsection H, Special requirements for multiple dwellings, if applicable.

(4)

Mixed-use building containing both commercial and residential (multifamily dwelling) uses, provided:

(a)

In the Core Pedestrian Area (as defined in § 300-5), 100% of the ground floor facing the primary street shall be occupied by an activated ground floor use (as defined in § 300-5) and the use(s) shall meet the activated ground floor design standards in § 300-40I. If a specific use is listed separately under § 300-40C, the special permit still applies.

(5)

Subsidized elderly housing, subject to the provisions of Subsection D below.

(6)

Historic site including historic dwellings, or museum not operated for profit.

(7)

Sanitary landfill facilities, provided that the same are operated by the municipality, or pursuant to a municipal lease or license.

(8)

Home occupation as defined herein.

(9)

Retail establishments.

(10)

Personal and consumer service establishments, including, but not limited to, barber or beauty shop and laundromat.

(11)

Business and professional offices; banks.

(12)

Funeral home.

(13)

Restaurant selling food for consumption entirely on the premises.

(14)

Agriculture, horticultural, and floricultural uses and expansion or reconstruction of existing structures relating thereto, 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, including photostatic copying.

(17)

Taxi, rail, bus passenger terminal.

(18)

Accessory buildings and uses required for and clearly incidental to the principal building or use are permitted.

(19)

Those uses allowed by right under Article VI.

(20)

Artist live/work, subject to the provisions of Article XVI.

(21)

Brewery, distillery, winery (pursuant to standards in § 300-3, Definitions and § 300-98B, Site plan review).

Uses by special permit.

(1)

The following uses are only allowed by special permit granted by the Planning Board:

(a)

Multifamily dwelling or mixed-use building that does not meet the standards specified in § 300-40B(3) and (4); subject to Subsection H, Special requirements for multiple dwellings, if applicable.

(b)

Rooming, lodging, or boarding house.

(c)

Gymnasium, health club, commercial swimming pool.

(d)

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.

(e)

Commercial marina for the sale, mooring, and rental of boats.

(f)

Private, noncommercial stable.

(g)

Hotel or motel.

(h)

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 MGL c. 140, § 183A.

(i)

Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges, not including outdoor vehicle or equipment storage.

(j)

Parking lots or garages as a principal use of the lot.

(k)

Those uses, including accessory uses, allowed by special permit under Article VI.

(l)

Commercial mobile radio service transmission facilities, structures, and/or towers.

(m)

Maker space.

(n)

Large-scale ground-mounted solar energy system, subject to the provisions of § 300-135.

(2)

The following uses are only allowed by special permit granted by the Board of Appeals:

(a)

Bed-and-breakfast establishments.

(b)

Marijuana retailers, subject to provisions of § 300-122.

(c)

Medical marijuana treatment center or registered marijuana dispensary (RMD), subject to provisions of § 300-122.

Building and area requirements.

(1)

Commercial uses, residential uses or combined commercial/residential uses on CC/CC2-zoned lots with side and/or rear yards abutting a residential zoning district:

(a)

Minimum lot area: none for 100% commercial use; 1,000 square feet of total lot area per dwelling unit for residential use.

(b)

Minimum lot frontage: none for 100% commercial use; 50 feet for residential use.

(c)

Minimum front yard setback: none

(d)

Minimum side yard setback: 10 feet; 15 feet if building is over three stories for that side yard which abuts the side yard or rear yard of a residentially zoned lot.

(e)

Minimum rear yard setback: 20 feet if the rear yard abuts a side yard or rear yard of a residentially zoned lot.

(f)

Maximum building height: In CC District, 55 feet when "RHD" is the abutting residential district. In CC2 subdistrict, 45 feet with no more than four stories. In both CC and CC2, 35 feet when "RMD" or "R-6" is the abutting residential district.

(g)

For 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.

(h)

For CC Zoned lots in the MBTA Communities Overlay District see § 300-140D for building and area requirements.

(2)

Residential uses which do not abut a residential zoning district:

(a)

Minimum lot area: 1,000 square feet 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 three stories.

(e)

Minimum rear yard setback: 20 feet.

(f)

Maximum height: In CC District, 55 feet. In CC2 subdistrict, 45 feet with no more than four stories.

(g)

For CC Zoned lots in the MBTA Communities Overlay District see § 300-140D for building and area requirements.

(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: In CC District, 55 feet. In CC2 subdistrict, 45 feet with no more than four stories.

(4)

Commercial or residential uses within structures existing at the time of the adoption of this chapter:

(a)

Minimum lot area: none for commercial use; 1,000 square feet 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: In CC District, 55 feet. In CC2 subdistrict, 45 feet with no more than four stories.

(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 height: In CC District, 55 feet. In CC2 subdistrict, 45 feet with no more than four stories.

Parking requirements.

(1)

Off-street parking shall be in accordance with the requirements set forth in Article X below, and with the parking requirements applicable to the Depot Parking Overlay District described in Subsection E(2) below, and with the parking requirements applicable to the Mandatory Mixed Use Overlay District described in Article XX below. The parking requirements for the Depot Parking Overlay District and the Mandatory Mixed Use Overlay District apply to the lots that are located in both Overlay Districts.

(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 Central Business 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 District Map. The off-street parking requirement for one- and two-bedroom dwelling units located in the Depot Parking Overlay District shall be one off-street parking space per dwelling unit.

Sign requirements. All signs in the CC Central Business/CC2 Central Business Cabot Districts shall conform to the regulations set forth in Article XI below.

Special requirements.

(1)

Screening of conflicting uses.

(a)

(b)

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.

(Reserved)

In multiple dwelling groups, the minimum spacing between buildings shall be as follows:

(a)

Front-to-front, front-to-rear, and rear-to-rear: 60 feet.

(b)

End-to-end (with facing windows): not less than their average height.

(c)

End-to-end (without facing windows) or corner-to-corner (offset): not less than 1/2 of their height.

(d)

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)

Activated ground floor development standards. The development of activated ground floor uses in the Core Pedestrian Area of the CC/CC2 Districts shall be in accordance with the following standards, as well as the Beverly Downtown Design Guidelines, as applicable:

(1)

Buildings shall extend across a minimum of 80% of the lot at the frontage on the primary street, allowing for vehicular and pedestrian circulation. Public open space at the sidewalk may be included in the 80% if a building is located behind it.

(2)

No more than 25% of the ground floor space in the building facing the primary street can support any combination of residential lobby and residential circulation, private open space, and/or hotel/motel uses, in the Core Pedestrian Area.

(3)

Uses on the ground floor shall have no less than 25 feet of building depth (or the full depth of the building, whichever is less).

(4)

The floor-to-floor height of ground floors shall be no less than 12 feet in all mixed-use buildings in the CC/CC2 District, regardless of residential use on the ground floor. Floor-to-floor heights may be adapted to accommodate grade changes along the street as necessary.

(5)

In the Core Pedestrian Area, the glazing/transparency (windows) of the facade shall extend for 70% of the facade width, between two feet and 10 feet from the sidewalk grade. Dark tinting and completely covered windows should be avoided.

(6)

On ground floors facing primary streets, doorways shall open directly to the sidewalk. Where permitted outside the Core Pedestrian Area, residential units on the ground floor may open to the sidewalk where feasible.

(7)

On buildings with a zero foot front setback, doorways shall be recessed, at a minimum distance equal to the swing of the door, to add visual character to the street and prevent doors from opening onto the sidewalk. Doorways on buildings with greater front setback may also consider a recessed doorway.

§ 300-41 CG General Commercial District.

General description. The CG General Commercial District is established to provide principally for suburban and automotive-related commercial development outside of residential areas.

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)

[Amended 5-20-1993]

(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.

[Amended 6-26-1987]

(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 Article VI.

(21)

Public recreational boating facility.

[Amended 11-23-1994 by Ord. No. 254]

(22)

Large-scale ground-mounted solar energy system, subject to provisions of § 300-135, provided the use is accessory to another use permitted within the district.

[Added 6-18-2018 by Ord. No. 067B]

Uses by special permit.

(1)

The following uses are only allowed by special permit granted by the Board of Appeals:

(a)

Subsidized elderly housing, subject to the provisions of Subsection D below.

(b)

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.

(c)

Commercial marina for the sale, mooring, and rental of boats.

(d)

Private, noncommercial stable.

(e)

Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges, not including outdoor vehicle or equipment storage.

(f)

Gasoline station.

(g)

Parking lots or garages as a principal use of the lot.

(h)

Bed-and-breakfast establishments.

[Amended 3-19-1991]

(i)

Those uses, including accessory uses, allowed by special permit under Article VI.

(j)

Commercial mobile radio service transmission facilities, structures, and/or towers.

[Amended 6-11-1996 by Ord. No. 115]

(k)

Brewery, distillery, winery (pursuant to standards in § 300-3, Definitions and § 300-98B, Site plan review).

[Added 4-19-2016 by Ord. No. 014; amended 7-23-2019 by Order No. 393]

(l)

Maker space.

[Added 4-19-2016 by Ord. No. 014]

(m)

Marijuana retailers, subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(n)

Medical marijuana treatment center or registered marijuana dispensary (RMD), subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(2)

The following uses are only allowed by special permit granted by the Planning Board:

[Added 6-18-2018 by Ord. No. 067B]

(a)

Large-scale ground-mounted solar energy system, subject to the provisions of § 300-135.

Building and area requirements.

(1)

Minimum lot area: 10,000 square feet.

(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 § 300-98. 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 be 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.

[Amended 7-1-1992]

(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.

Parking requirements. Off-street parking shall be in accordance with the requirements set forth in Article X below.

Sign requirements. All signs in the CG District shall conform to the regulations set forth in Article XI below.

Special requirements.

(1)

Screening of conflicting uses. At the time of occupancy of a new nonresidential use, or the expansion of the outside outline of an existing nonresidential 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.

(a)

(b)

Required screening and landscaping shall be in good condition and appearance. Failure to maintain same shall be deemed a violation of this chapter and shall be subject to the enforcement procedures contained herein.

§ 300-42 IR and IR Overlay Restricted Industrial, Research and Office District.

[Amended 2-19-2009 by Ord. No. 230]

General description. The IR Restricted Industrial, Research and Office 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 District Map shall be subject to all of the provisions of the IR District, unless specifically provided otherwise.

[Amended 2-19-2009 by Ord. No. 230]

Uses by right. Property and buildings shall be used only for the following purposes:

[Amended 7-12-2011 by Ord. No. 57; 2-16-2016 by Ord. No. 013]

(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.

(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.

(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 feet of any R District, and further provided that such use is screened from surrounding uses, as defined in § 300-5.

(11)

Accessory buildings and uses required for and clearly incidental to the principal building or use are permitted.

(12)

Those uses allowed by right under Article VI.

(13)

Brewery, distillery, winery (pursuant to standards in § 300-3, Definitions and § 300-98B, Site plan review).

[Added 4-19-2016 by Ord. No. 014; amended 7-23-2019 by Order No. 393]

(14)

Maker space.

[Added 4-19-2016 by Ord. No. 014]

(15)

Large-scale ground-mounted solar energy system, subject to provisions of § 300-135, provided the use is accessory to another use permitted within the district.

[Added 6-18-2018 by Ord. No. 067B]

Uses by special permit.

(1)

The following uses are only allowed by special permit granted by the Board of Appeals:

(a)

Subsidized elderly housing.

(b)

Commercial marina for the sale, mooring, and rental of boats.

(c)

Private, noncommercial stable.

(d)

Hotel or motel.

(e)

Restaurant selling food for consumption entirely on the premises.

(f)

[Amended 5-20-1993]

(g)

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.

(h)

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 § 300-98. 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.

(i)

Warehouses; including mini-storage warehouses, where all storage is indoors, bottling plant, frozen food locker, ice manufacturing plant, wholesale establishment, and similar distribution center.

(j)

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 feet in height.

[Amended 6-26-1987]

(k)

Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges, not including outdoor vehicle or equipment storage.

(l)

Parking lots or garages as a principal use of the lot.

(m)

Pork-chop lots on streets in existence prior to December 1984, subject to the provisions of § 300-18 above.

(n)

Bed-and-breakfast establishments.

[Amended 3-19-1991]

(o)

Those uses, including accessory uses, allowed by special permit under Article VI.

(p)

Commercial mobile radio service transmission facilities, structures, and/or towers.

[Amended 6-11-1996 by Ord. No. 115]

(q)

Skilled nursing care facility licensed by the Commonwealth of Massachusetts as defined in 105 CMR 150, as the same may from time to time be amended.

[Added 7-7-2015 by Ord. No. 359]

(r)

Marijuana retailers, subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(s)

Medical marijuana treatment center or registered marijuana dispensary (RMD), subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(t)

Craft marijuana cooperative, subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(u)

Independent testing laboratory, subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(v)

Marijuana cultivator, subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(w)

Marijuana product manufacturer, subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(x)

Marijuana research facility, subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(y)

Marijuana transporter, subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(z)

Microbusiness, subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(2)

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 District Map:

(a)

Retail establishments.

(b)

Restaurant selling food both for consumption on and off the premises; provided, however, that fast-food restaurants, as defined in § 300-5 of this chapter, shall not be allowed.

[Amended 5-5-2014 by Ord. No. 38]

(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.

[Amended 2-19-2009 by Ord. No. 230]

(3)

The following uses are only allowed by special permit granted by the Planning Board:

[Added 6-18-2018 by Ord. No. 067B]

(a)

Large-scale ground-mounted solar energy system, subject to the provisions of § 300-135.

Building and area requirements.

(1)

Minimum lot area: two 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 District Map, and only for lots that satisfy the minimum lot area requirement in the IR District as provided above.

[Amended 2-19-2009 by Ord. No. 230]

(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.

Parking requirements. Off-street parking shall be in accordance with the requirements set forth in Article X below. The Planning Board may modify the parking requirements for lots zoned IR Overlay on the official City Zoning District Map in accordance with § 300-65 below.

[Amended 2-19-2009 by Ord. No. 230]

Sign requirements. All signs in the IR District shall conform to the regulations set forth in Article XI below. 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 District Map.

[Amended 2-19-2009 by Ord. No. 230]

Special requirements.

(1)

Screening of conflicting uses.

(a)

At the time of occupancy of a new nonresidential use, or the expansion of the outside outline of an existing nonresidential 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.

(b)

(c)

[Amended 6-26-1987]

(2)

For lots zoned IR Overlay on the official City Zoning District Map, site plan review by the Planning Board will be required for any development requiring a special permit.

[Amended 2-19-2009 by Ord. No. 230]

§ 300-43 IG General Industrial District.

General description. The IG General Industrial District is established to provide principally for general industrial, research, and office use.

Uses by right. Property and buildings shall be used only for the following purposes:

[Amended 2-16-2016 by Ord. No. 013]

(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 feet 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 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 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)

Accessory buildings and uses required for and clearly incidental to the principal building or use are permitted.

(16)

Those uses allowed by right under Article VI.

(17)

Brewery, distillery, winery (pursuant to standards in § 300-3, Definitions and § 300-98B, Site plan review).

[Added 4-19-2016 by Ord. No. 014; amended 7-23-2019 by Order No. 393]

(18)

Maker space.

[Added 4-19-2016 by Ord. No. 014]

(19)

Large-scale ground-mounted solar energy system, subject to provisions of § 300-135, provided the use is accessory to another use permitted within the district.

[Added 6-18-2018 by Ord. No. 067B]

Uses by special permit.

(1)

The following uses are only allowed by special permit granted by the Board of Appeals:

(a)

Subsidized elderly housing.

(b)

Commercial marina for the sale, mooring, and rental of boats.

(c)

Private, noncommercial stable.

(d)

Restaurant selling food for consumption entirely on the premises.

(e)

Fast-food restaurant.

[Amended 6-26-1987]

(f)

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.

(g)

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 § 300-98. 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.

(h)

Open storage of coke, coal, sand, or other similar materials or storage in silos or hoppers, provided that the area is enclosed within a wall, solid fence, or compact evergreen hedge at least six feet in height.

(i)

Motor or rail freight; yard or building for the storing and servicing of trucks, trailers, or buses.

(j)

Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges, not including outdoor vehicle or equipment storage.

(k)

Parking lots or garages as a principal use of the lot.

(l)

Pork-chop lots on streets in existence prior to December 1984, subject to the provisions of § 300-18 above.

(m)

Bed-and-breakfast establishments.

[Amended 3-19-1991]

(n)

Those uses, including accessory uses, allowed by special permit under Article VI.

(o)

Commercial mobile radio service transmission facilities, structures, and/or towers.

[Amended 6-11-1996 by Ord. No. 115]

(p)

Marijuana retailers, subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(q)

Medical marijuana treatment center or registered marijuana dispensary (RMD), subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(r)

Craft marijuana cooperative, subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(s)

Independent testing laboratory, subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(t)

Marijuana cultivator, subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(u)

Marijuana product manufacturer, subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(v)

Marijuana research facility, subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(w)

Marijuana transporter, subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(x)

Microbusiness, subject to provisions of § 300-122.

[Added 1-7-2019 by Ord. No. 213A]

(2)

The following uses are only allowed by special permit granted by the Planning Board:

[Added 4-19-2016 by Ord. No. 014]

(a)

Artist live/work, subject to the provisions of Article XVI.

(b)

Large-scale ground-mounted solar energy system, subject to the provisions of § 300-135.

[Added 6-18-2018 by Ord. No. 067B]

Building and area requirements.

(1)

Minimum lot area: none.

(2)

Minimum lot frontage: none.

[Amended 7-1-1992]

(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.

[Amended 7-16-2001 by Ord. No. 67]

Parking requirements. Off-street parking shall be in accordance with the requirements set forth in Article X below.

Sign requirements. All signs in the IG District shall conform to the regulations set forth in Article XI below.

Special requirements.

(1)

(a)

(b)

§ 300-44 HD Hospital District.

General description. The HD Hospital District is established to provide principally for medical, health care, and hospital-related uses.

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.

[Amended 6-26-1987]

(13)

Any use allowed by right under Article VI.

[Amended 6-26-1987]

(14)

Ambulance depot facility.

[Amended 6-26-1987]

(15)

Large-scale ground-mounted solar energy system, subject to provisions of § 300-135, provided the use is accessory to another use permitted within the district.

[Added 6-18-2018 by Ord. No. 067B]

Uses by special permit.

(1)

The following uses are only allowed by special permit granted by the Board of Appeals:

(a)

Subsidized elderly housing, subject to the provisions of Subsection D below.

(b)

Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges, not including outdoor vehicle or equipment storage.

(c)

Bed-and-breakfast establishments.

[Amended 3-19-1991]

(d)

Any use, including accessory uses, allowed by special permit under Article VI.

(e)

Commercial mobile radio service transmission facilities, structures, and/or towers.

[Amended 6-11-1996 by Ord. No. 115]

(2)

The following uses are only allowed by special permit granted by the Planning Board:

[Added 6-18-2018 by Ord. No. 067B]

(a)

Large-scale ground-mounted solar energy system, subject to the provisions of § 300-135.

Building and area requirements.

(1)

Minimum lot area: 10 acres.

(2)

Minimum lot frontage: 225 feet.

[Amended 7-1-1992]

(3)

Minimum front yard setback: 30 feet.

(4)

Minimum side yard setback: 20 feet.

(5)

Minimum rear yard setback: 25 feet.

(6)

Maximum building height: 65 feet.

Parking requirements. Off-street parking shall be in accordance with the requirements set forth in Article X below.

Sign requirements. All signs in the HD District shall conform to the regulations set forth in Article XI below.

Special requirements. All those commercial uses normally associated with the functioning of a hospital, such as a gift shop, coffee shop, medical offices, and laundry, shall be permitted, provided that such accessory retail uses are 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 bookstore and cafeteria, shall be permitted, provided that such uses are clearly serving the needs of the institution to which they are accessory.

§ 300-45 BHD Beverly Harbor District.

[Amended 6-26-1987; 3-19-1991; 7-1-1992; 5-20-1993; 6-11-1996 by Ord. No. 115; 6-1-2015 by Ord. No. 314]

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:

(1)

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 which 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.

Uses by right. Property and buildings shall be used only for the following purposes:

(1)

Commercial fishing, excluding the processing of fish, except as provided by Subsection B(8).

(2)

Commercial marina for the sale, mooring, and rental of boats, subject to the provisions of Subsection G.

(3)

Public or private recreational boating facilities, including but not limited to ancillary office facilities, kitchen facilities and meeting space.

(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 restaurants as defined in § 300-5 of this chapter shall not be allowed.

(8)

Accessory buildings and uses required for and clearly incidental to the principal building or use are permitted.

(9)

Home occupation as defined herein, subject to the provisions of Subsection G.

Uses by special permit.

(1)

Retail establishments, subject to the provisions of Subsection 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 the provisions of Subsection G.

(5)

Restaurants with more than 5,000 square feet in gross floor area; provided, however, that fast-food restaurants as defined in § 300-5 of this chapter shall not be allowed.

(6)

Artist live/work, subject to the provisions of Article XVI.

[Added 4-19-2016 by Ord. No. 014]

(7)

Brewery, distillery, winery.

[Added 4-19-2016 by Ord. No. 014]

(8)

Large-scale ground-mounted solar energy system, provided the special permit is granted by the Planning Board.

[Added 6-18-2018 by Ord. No. 067B]

Building and area requirements.

(1)

Minimum lot area: none required.

(2)

Maximum floor area ratio (FAR): 0.25, unless modified by special permit as provided in Subsection 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 Subsection I below.

(5)

Minimum side yard setback: five feet.

(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 yard or rear yard of a lot.

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 yard or rear yard of a property must provide a minimum five-foot landscape buffer from Water Street and the waterfront walkway.

(3)

Off-street parking shall be in accordance with the requirements set forth in Article X below.

Sign requirements. All signs in the BHD shall conform to the regulations set forth in Article XI below.

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.

(a)

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 chapter.

(b)

For any new development or improvements to existing structures within the BHD requiring site plan review under Article XIV or a special permit under this chapter, 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 chapter.

(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 such 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 harborfront walkways on adjoining properties. Should a proposed or existing water-dependent use, such as a 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 MassDEP. 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.

(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.

(a)

Proposals shall include the following elements:

[1]

Buildings with architectural elevations facing both the public way and/or the waterfront shall be oriented and designed as though both are primary elevations.

[2]

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.

[3]

Development should be designed to facilitate and encourage use by alternative modes of transportation such as walking, biking, and public transit.

[4]

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.

[5]

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).

[6]

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.

[7]

Buildings shall be so designed and located to allow fifty-foot-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.

(b)

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 chapter.

(5)

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 chapter.

(6)

Rooftop and other mechanical equipment, including HVAC systems, shall be screened using materials similar in type, texture, and scale to 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.

(7)

Mechanical equipment and other noise-producing appurtenances shall comply with MassDEP noise control regulations (310 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.

Special permit criteria.

(1)

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 § 300-91 of this chapter, that the project proposal meets the following special permit criteria:

(a)

The proposed development and associated uses are allowed and compatible with the purpose of the Beverly Harbor District.

(b)

The proposed development is consistent with the character, materials and scale of the surrounding neighborhood.

(c)

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.

(d)

The proposed development shall provide direct access to public ways and the waterfront; buildings shall be oriented to complement public spaces.

(e)

Access is designed to provide an inviting pedestrian realm and, where necessary, includes signage to promote public access.

(f)

Buildings are oriented such that visual connection to the waterfront from streets and public ways is accommodated.

(g)

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.

(h)

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 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 chapter that include a residential component.

(2)

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.

(1)

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 0.25 up to 1.5, in return for the following public benefits (additional FAR of 0.25 may be granted by the Planning Board for one public benefit; 0.50 for a second public benefit; and 0.50 for a third public benefit):

(a)

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-foot roadway and five-foot sidewalks on both sides in locations where the existing Water Street right-of-way is less than 40 feet. The front yard setback requirement for projects providing additional public right-of-way is reduced from 20 feet to five feet.

(b)

The provision, including construction and maintenance, of a public pedestrian walkway along the project shoreline, a minimum of 15 feet in width, the exact location to be approved by the Planning Board, designed to connect to existing or future harborfront 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.

(c)

Ten percent of the gross site area to be developed and maintained as public open space (as defined in § 300-5). This provision is in addition to any open space requirements which may otherwise be required by this chapter.

(2)

Land set aside for the above public benefits shall remain included in the formula to determine FAR.

§ 300-46 WDR Waterfront Development Residential District.

[Amended 12-27-2006 by Ord. No. 109]

General description. This district is established to provide principally for mixed-use development, residential development and public access along the waterfront.

Uses by right. Property and building shall be used only for the following purposes:

(1)

Multifamily dwelling, subject to the requirements of Subsection H below.

[Amended 12-4-2023 by Ord. No. 184A]

(2)

Home occupation as defined herein, subject to the provisions of Subsection 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 Subsection G below.

(4)

Commercial fishing, excluding the processing of fish, except as provided by Subsection B(7) below. (Processing, meaning canning, cooking, or freezing but not preparation of bait.), subject to the provisions of Subsection G below.

(5)

Commercial marina for the sale, mooring, and rental of boats, subject to the provisions of Subsection G below.

(6)

Restaurant selling food for consumption entirely on the premises, subject to the provisions of Subsection 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 Article VI.

Uses by special permit.

(1)

The following uses are only allowed by special permit granted by the Planning Board:

(a)

Gymnasium, health club, commercial swimming pool, subject to the provisions of Subsection G below.

(b)

Other private or quasi-public club, charitable institution, or community service organization, except where the chief activity is a service customarily carried on as a business, subject to the provisions of Subsection G below.

(c)

Hotel or motel, subject to the provisions of Subsection G below.

(d)

Retail establishments, subject to the provisions of Subsection G below.

(e)

Personal and consumer service establishments, including, but not limited to, barber or beauty shop and laundromat, subject to the provisions of Subsection G below.

(f)

Business and professional offices; banks; subject to the provisions of Subsection G below.

(g)

(h)

Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges, not including outdoor vehicle or equipment storage, subject to the provisions of Subsection G below.

(i)

Parking lots or garages as a principal use of a lot, subject to the provisions of Subsection G below.

(j)

Those uses, including accessory uses, allowed by special permit under Article VI.

(k)

Artist live/work, subject to the provisions of Article XVI.

[Added 4-19-2016 by Ord. No. 014]

(l)

Large-scale ground-mounted solar energy system, subject to the provisions of § 300-135.

[Added 6-18-2018 by Ord. No. 067B]

(2)

The following uses are only allowed by special permit granted by the Board of Appeals:

(a)

Bed-and-breakfast establishments.

(b)

Maker space.

[Added 4-19-2016 by Ord. No. 014]

Building and area requirements.

(1)

Minimum lot area: 9,000 square feet, plus 2,261 square feet for each additional dwelling unit over three.

(2)

Maximum floor area ratio (FAR): 0.25, unless modified by special permit as provided in Subsection G below. FAR calculations do not include structured parking.

(3)

Minimum lot frontage: 65 feet.

(4)

Minimum front yard setback: five feet.

(5)

Minimum side yard setback: 25 feet.

(6)

Minimum rear yard setback: 20 feet.

(7)

Maximum building height: 35 feet measured as the vertical distance from the average existing paved street grade along the lot, to the top of the highest 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.

Parking requirements.

(1)

Off-street parking shall be in accordance with the requirements set forth in Article X below.

(2)

One off-street parking space for each marina recreational or commercial boat slip shall also be provided.

Sign requirements. All signs in the WDR District shall conform to the regulations set forth in Article XI below.

Special requirements.

(1)

All WDR proposals, including new construction of any building(s) or water-based structure(s) (pier, slips, wharves, etc.) or any substantial addition(s) to same, must secure the appropriate federal, state, and local permits and licenses. These permits and licenses may include, but are not limited to: U.S. Army Corps of Engineers permit(s); Massachusetts DEP Division of Wetlands and Waterways Chapter 91 tidelands license; and City of Beverly Conservation Commission order of conditions.

(a)

Regulations mandated by any state or federal permit or license obtained for any non-water-dependent, or water-dependent use (including the applicability of the public trust doctrine) may be more restrictive or require certain public benefits not stated or identified in this chapter.

(b)

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 water mark) on any plan or site plan(s) drawn for a special permit, building permit, or other permit required under this chapter.

(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 feet in width, the exact location to be determined by the Planning Board, designed to connect to existing or future harborfront walkways on adjoining properties. Access from the public street to the harborfront walkway may be required at the discretion of the Planning Board. The walkway shall be open from sunrise to sunset.

(b)

For property which abuts Congress Street, the provision, including construction (but not maintenance), of a public right-of-way along Congress Street, so that there can be five-foot sidewalks on both sides.

(c)

All buildings shall be so designed and placed to allow fifty-foot-wide views to the waterfront at least every 220 feet from the street to the harbor. The longer side of each building shall be appropriately 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 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:

[1]

Marine-related industries and services, including fish storage, fish products/processing and sales.

[2]

Harbor/Marine supplies and services and ship supply.

[3]

Boat storage and service facilities, such as boat construction yards, dry-dock services, boat repair shops, launching ramps, and marinas.

[4]

Sea/Land loading and transfer areas for people and goods, including ferry terminals, loading areas, and docks.

[5]

Marine-related museums and aquariums, and public service facilities, including Harbormaster's quarters.

[6]

Public walkway, parkland dedicated to public use, public fishing area, and public parking.

(3)

Should the Chapter 91 licensing and permitting regulations (administered by the Department of Environmental Protection), as may be amended, require some or all of the above public benefits, additional public benefits may be required by the Planning Board.

(1)

(2)

In multiple dwelling groups, the minimum spacing between buildings shall be as follows:

(a)

Front-to-front, front-to-rear, and rear-to-rear: 60 feet.

(b)

End-to-end (with facing windows): not less than their average height.

(c)

End-to-end (without facing windows) or corner-to-corner (offset): not less than 1/2 of their height.

(d)

Front-to-rear siting shall be avoided if at all practicable.

(3)

(4)

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

(5)

(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)

(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 twenty-percent public space area provided for in Subsection G(2)(d) above.

§ 300-47 MOSR Municipal Open Space and Recreation District.

[Amended 6-28-1999 by Ord. No. 109]

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 parkland, 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.

Permitted uses:

(1)

Conservation of soil, water, plants and wildlife.

(2)

Outdoor recreation, not involving the use of motor vehicles or motor boats, including boating, fishing, and nature study where otherwise legally permitted.

(3)

Active recreation, including playing fields and other athletic purposes.

(4)

Foot, bicycle, and horse paths and bridges.

(5)

Community gardens.

(6)

Fences, parking, landing piers, small structures for noncommercial uses, and public rest room facilities.

Uses permitted by special permit. 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 Subsection A, the following uses, structures and actions are permitted:

(1)

Dams, excavations or grading, consistent with the purposes of this section, to create ponds, pools or other changes in watercourses for swimming, fishing or other recreational uses, agricultural uses, scenic features, or drainage improvements.

Prohibited uses. Within the Municipal Open Space and Recreation District, the following uses are expressly prohibited:

(1)

Land filling or dumping.

(2)

Storage or disposal of hazardous materials.

(3)

Storage or disposal of solid wastes as defined in MGL Chapter 21C, as may be amended.

(4)

Storage of materials or equipment, except when necessary to permitted activities above.