The following Uses are permitted, as more specifically described
below:
A.
Purpose. The purpose of the Residential Mixed-Use Zone is to increase
the efficiency of land use, promote a diversity of housing types,
emphasize and encourage pedestrian and bicycle circulation, and to
encourage the integration of smaller commercial and retail activities
to complement the primary residential Uses.
B.
As-of-Right Uses. The following Uses shall be permitted in the Residential
Mixed-Use Zone As-of-Right upon Plan Approval pursuant to the provisions
of this Article 17:
(1)
Two-family, three-family, townhouse, and/or Multifamily residential Use(s), provided that the minimum allowable As-of-Right density requirements for residential Use specified in Part 7 of this article shall apply to the residential portion of a mixed-use Development;
(2)
Assisted living units and facilities;
(3)
Continuing care retirement center;
(4)
Independent elderly housing;
(5)
Child-care facility.
[Amended 5-16-2023 ATM by Art. 36]
(6)
Eating and drinking establishment not to exceed 2,000 square
feet in Gross Floor Area per user and shall not contain a drive-through
facility;
(7)
Municipal recreation area;
(8)
Nonprofit school;
(9)
Outdoor recreation area;
(10)
Personal services, banking and retail establishments not to
exceed 3,000 square feet in Gross Floor Area per user;
(11)
Places of worship;
(12)
Private school;
(13)
Parking accessory to any of the above permitted Uses, including surface, garage-under, and structured parking (e.g., parking garages), as well as parking accessory to the Uses described in Subsection C below; and
(14)
Other Accessory Uses customarily incidental to any of the above
permitted Uses as determined by the Building Inspector.
C.
Uses allowed by special permit. The following Uses shall be permitted in the Residential Mixed-Use Zone by Plan Approval special permit issued by the Plan Approval Authority pursuant to the provisions of § 195-17.13:
(1)
Eating and drinking establishment in excess of 2,000 square
feet of Gross Floor Area per user, but less than 15,000 square feet
of Gross Floor Area per user, provided that such establishment shall
not contain a Fast-Food Establishment;
(2)
Personal services, banking and retail establishments in excess
of 3,000 square feet of Gross Floor Area per user but less than 15,000
square feet of Gross Floor Area per user;
(3)
Nursing and convalescent homes;
(4)
Commuter rail system; and
(5)
Other accessory Uses customarily incidental to any of the above
permitted Uses as determined by the Inspector of Buildings.
D.
The total Gross Floor Area devoted to nonresidential Uses and nonresidential
Accessory Uses located within the Residential Mixed-Use Zone shall
not exceed 75,000 square feet.
A.
Purpose. The intent of the Mixed-Use Development Zone is to provide
a transition between primarily residential Development and compact,
higher-density commercial and mixed-use Development, to increase the
efficiency of land use on land which is substantially developed area,
to allow commercial Projects which may include a mixture of complementary
land uses such as housing, retail, offices, commercial services, and
civic Uses, to create economic and social vitality and to encourage
the linking of trips.
B.
As-of-Right Uses. The following Uses shall be permitted in the Mixed-Use Development Zone As-of-Right upon Plan Approval pursuant to the provisions of § 195-17.13 and other applicable provisions of this Article 17:
(1)
Agricultural Use;
(2)
Art gallery;
(3)
Businesses, professional and other offices;
(4)
Child-care facility.
[Amended 5-16-2023 ATM by Art. 36]
(5)
Eating and drinking establishment not to exceed 2,000 square
feet in Gross Floor Area per user and which shall not be a Fast-Food
Establishment;
(6)
Funeral parlor;
(7)
Guesthouse;
(8)
Medical center and/or medical offices;
(9)
Motel/Hotel;
(10)
Outdoor recreation area, including, but not limited to, tennis
court, basketball court, athletic fields, tot lots, and passive recreation;
(11)
Personal services establishments;
(12)
Places of worship;
(13)
Public Building or Use;
(14)
Retail, banking, and service establishments not to exceed 20,000
square feet in Gross Floor Area per user;
(16)
Accessory Uses customarily incidental to any of the above permitted
Uses as determined by the Inspector of Buildings.
C.
Uses allowed by special permit. The following Uses shall be permitted in the Mixed-Use Development Zone by Plan Approval special permit issued by the Plan Approval Authority, as special permit granting authority (SPGA), pursuant to the provisions of § 195-17.13:
(1)
Two-family, three-family, townhouse, and/or Multifamily Residential Use(s), provided that the minimum allowable as-of-right density requirements for residential Use specified in Part 7 of this Article 17 shall apply to the residential portion of a mixed-use Development;
(2)
Assisted living units and facilities;
(3)
Continuing care retirement center;
(4)
Independent elderly housing;
(5)
Nursing and convalescent homes;
(6)
Retail and service establishments in excess of 20,000 square
feet of Gross Floor Area per user but less than 65,000 square of Gross
Floor Area per user;
(7)
Eating and drinking establishment, provided that such establishment
shall not be a Fast-Food Establishment; and shall not exceed 15,000
square feet of Gross Floor Area per user;
(8)
Incubator or business park;
(9)
Indoor place of amusement or assembly, including but not limited
to arenas, theaters, and athletic or recreational facilities;
(10)
Indoor ice skating facility;
(11)
Nonprofit school;
(12)
Private school for profit;
(13)
Research and development facilities;
(14)
Retail plaza not to exceed 150,000 square feet of Gross Floor
Area, where any single user cannot exceed 65,000 square feet of Gross
Floor Area; and
(15)
Accessory Uses customarily incidental to any of the above permitted
Uses as determined by the Inspector of Buildings.
A.
Purpose. The intent of the Business Opportunity Zone is to encourage
efficient land use by facilitating compact, high-density retail, commercial,
industrial Development and other commercial Projects, and to facilitate
Development (land use, density and design) that supports public transit
if applicable.
B.
As-of-Right Uses. The following Uses shall be permitted in the Business Opportunity Zone As-of-Right upon Plan Approval pursuant to the provisions of § 195-17.13 and other applicable provisions of this Article 17:
(1)
Agricultural Use;
(2)
Art gallery;
(3)
Business, professional and other offices;
(4)
Child-care facility.
[Amended 5-16-2023 ATM by Art. 36]
(5)
Funeral parlor;
(6)
Medical center and/or medical offices;
(7)
Motel/Hotel;
(8)
Places of worship;
(9)
Public Building or Use;
(10)
Eating and drinking establishment;
(11)
Personal services establishment;
(12)
Municipal recreation area;
(13)
Manufacturing;
(14)
Printing and reproduction;
(15)
Research and development facilities;
(16)
Retail, banking, and service establishments not to exceed 20,000
square feet in Gross Floor Area per user;
(17)
Parking accessory to any of the above permitted Uses, including surface, garage-under, and structured parking (e.g., parking garages), as well as parking accessory to the Uses described in Subsection C below; and
(18)
Accessory Uses customarily incidental to any of the above permitted
Uses as determined by the Inspector of Buildings.
C.
Uses allowed by special permit. The following Uses shall be permitted in the Business Opportunity Zone by Plan Approval special permit issued by the Plan Approval Authority, as special permit granting authority (SPGA), pursuant to the provisions of § 195-17.13:
(1)
Commuter rail system;
(2)
Incubator or business park;
(3)
Indoor place of amusement or assembly, including, but not limited
to, such Uses including arenas, theaters, and athletic or recreational
facilities;
(4)
Indoor ice skating or other athletic facility;
(5)
Nonprofit school;
(6)
Outdoor recreation area, including, but not limited to, tennis
court, basketball court, athletic fields, and passive recreation;
(7)
Private school for profit;
(8)
Parking accessory to any of the above permitted Uses, including
surface, garage-under, and structured parking (e.g., parking garages);
(9)
Retail and service establishments in excess of 20,000 square
feet of Gross Floor Area per user;
(10)
Retail plaza;
(11)
Public service corporation;
(12)
Windmills up to 150 feet to the top of the hub at the center
of the rotor; and
(13)
Accessory Uses customarily incidental to any of the above permitted
Uses as determined by the Inspector of Buildings.
All Uses not expressly allowed are prohibited.
A.
Any Development component for which a special permit is required to be issued by the Plan Approval Authority, as special permit granting authority pursuant to MGL c. 40A, § 9, or for a commercial Project approved under MGL c. 40A, shall only be issued in accordance with the requirements of this § 195-17.13.
B.
The Plan Approval Authority may grant a special permit or other approval
within the framework of this Article 17 only after holding a public
hearing, which must be held within 65 days after the Applicant files
for such special permit or other approval. The sixty-five-day period
shall be deemed to have begun with the filing of the application with
the Plan Approval Authority. The Applicant is responsible for transmitting
a copy of the application for a special permit or other approval within
24 hours of the filing of the application with the Planning Board
and to the Town Clerk.
C.
The Plan Approval Authority shall not approve any such application
for a special permit or other approval unless it finds that in its
judgment all the following conditions are met:
(1)
The specific site is an appropriate location for such a Use,
Structure or condition;
(2)
The Use as developed will not adversely affect the neighborhood;
(3)
There will be no nuisance or serious hazard to vehicles or pedestrians;
(4)
Adequate and appropriate facilities will be provided for the
proper operation of the proposed Use;
(5)
With regard to a special permit, the Plan Approval Authority
shall not grant any special permit unless it makes a specific finding
that the Use is in harmony with the general purpose and intent of
this Zoning Bylaw; and
(6)
The Use for which the special permit or other approval is sought
complies with the dimensional and other criteria described in Parts
9 through 13 of this Article 17 unless otherwise waived as provided
therein.
D.
In approving a special permit, the Plan Approval Authority may attach
such conditions and safeguards only to the portion of the Development
requiring a special permit as are deemed necessary to protect the
neighborhood, such as, but not limited to, the following:
(1)
Requirements of front, side, or rear yards greater than the
minimum required by this bylaw;
(2)
Requirements of screening parking areas or other parts of the
premises from adjoining premises or from the street, by walls, fences,
planting, or other devices as specified by the Plan Approval Authority;
(3)
Modification of the exterior features or appearances of the
Structure;
(4)
Limitation of size, number of occupants, method or time of operation,
or extent of facilities; and
(5)
Regulation of number, design and location of access drives or
other traffic features.
E.
Special permits or other approvals granted under the provisions contained
herein shall be deemed to have lapsed after a two-year period from
the date on which the special permit or other approval was granted
unless substantial use or construction has commenced. If the Applicant
can show good cause why substantial use or construction has not commenced
within the two-year period, the Plan Approval Authority, at its discretion,
may extend the special permit or other approval for an additional
one-year period. Included within the two-year period stated above
is the time required to pursue or await the determination of an appeal
from the provisions of the bylaw.
G.
Within 90 days following the date of the public hearing, the Plan
Approval Authority shall take final action in the matter in order
to issue a special permit or other approval provided for in this article.
There shall be at least four of the five members of the Plan Approval
Authority voting in favor of issuing the special permit or other approval.
H.
Filing of decision.
(1)
A special permit or other approval granted under the provisions
of this bylaw shall not take effect until: the Town Clerk certifies
on a copy of the decision that 20 days have elapsed without filing
of an appeal or that any appeal filed has been dismissed or denied,
and the certified decision has been recorded at the owner's expense
in the Essex County Registry of Deeds indexed in the grantor index
under the name of the record owner, and noted on the owner's certificate
of title;
(2)
If the special permit or other approval involves registered
property, the decision, at the owner's expense shall also be filed
with the Recorder of the Land Court.
I.
At the discretion of the PAA, an Applicant seeking approval of a
Development including both As-of-Right Uses as well as Uses requiring
a special permit or other approval may combine such applications into
a single application, and the PAA may combine both hearings and issue
a single decision on such a combined Development, provided that all
requirements for the As-of-Right Development are complied with in
accordance with the Enabling Laws and this Article 17, and with respect
to Uses allowed by special permit or other approval, are complied
with in accordance with MGL c. 40A.
