Editor’s Note—Printed herein
is the building zone ordinance of City of Everett adopted by the city
on August 2, 1926, as amended through September 23, 2004. Amendments
to the original ordinance adopted since January 1976 are indicated
by parenthetical history notes following amended provisions. The absence
of a history note indicates that the provision derives unchanged from
the ordinance as amended since January 1976. A uniform system of punctuation
and capitalization has been used. Obvious misspellings have been corrected
without notation and material in brackets [ ] has been added for clarity.
The map referred to in Section 1 of this Appendix is not printed herein
but is on file in the office of the City Clerk.
(Ord. of 4-29-91; Ord. of 10-22-1999; Ord. of 9-23-2004; Ord. of 11-2013; amended as part of October 2021 update)
For the purposes of this ordinance, the City of Everett is hereby
divided into 10 classes of districts, as follows:
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Dwelling Districts
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Apartment Districts
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Business Districts
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Industrial Districts
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Business Limited Districts
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Industrial Limited Districts
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Telecommunications Overlay District
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River Front Overlay District
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Lower Broadway Economic Development District (C0116-13)
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Commercial Triangle Economic Development District (C0186-18)
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The boundaries of each of these districts are hereby established
as indicated on a map entitled “the Zoning Map” of the
City of Everett, Massachusetts, dated February 1926, which accompanies
and is hereby declared to be a part of this ordinance. These districts’
boundary lines are intended to follow lot lines as they existed at
the time of passage of this ordinance, but where any such boundary
line obviously does not follow such lot lines, it shall be deemed
to be 100 feet back from the nearest street line it is drawn parallel
to, unless otherwise dimensioned on the zoning map.
(Ord. of 6-29-87; amended as part
of October 2021 update)
For the purposes of this ordinance, a lot is defined as a parcel
of ground under one (1) sole or undivided ownership separate from
that of any adjoining lots. A corner lot for the purposes of this
ordinance is any lot which occupies the interior angle at the intersection
of two (2) street lines which make an angle of more than forty-five
(45) degrees and less than one hundred thirty-five (135) degrees with
each other. The owner shall, for the purposes of this ordinance, have
the privilege of calling either street lot line the front, without
reference to the building arrangement. A street is any existing street,
square, lane, terrace, court, place or way set aside as a permanent
right-of-way for street purposes, and including any such right-of
way as may be created after the enactment of this ordinance provided
that it is forty (40) feet or more in width.
A public garage is any garage for three (3) or more motor vehicles.
One (1) horse and wagon shall be considered to be the equivalent of
one (1) motor vehicle.
The height of a building or structure shall be measured from
the curb level at the center of the front of the building, or where
not adjoining the street, from the average natural ground level adjoining
the building, up to the highest level of the main roof thereon. No
story shall be deemed a first story if its floor level is more than
nine (9) feet above the ground.
Frontage:
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(1)
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The distance measured as a straight line along the street between
the intersection of the street boundary and the lot lines or along
the curve of the street and the intersection of the street boundary
and the lot lines.
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(2)
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The distance measured parallel to the intersection of the street
boundary and the lot lines at a distance of twenty-five (25) feet
measured on a line perpendicular to the line between the intersection
of the street boundaries and the lot lines
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Front Yard. The shortest distance measured
from the closest point of the building to the nearest point of the
intersection of the street boundary and the lot lines.
Side Yard. The shortest distance measures from
the closest point of the building to the nearest point of a lot boundary
line which is not designated a front or rear yard boundary line.
Rear Yard. The shortest distance measured from
the closest point of the building to the nearest point of a lot boundary
line which is not considered a front or side yard boundary line.
Floor Area Ratio. The result of dividing the
gross floor area of the building or buildings on a lot by the total
area expressed as a decimal number.
(Ord. 4-29-91; Ord. 6-29-87; Ord. of 4-11-88; Ord. of 4-29-91; amended as part of October 2021 update; Ord. of 6-29-87; C0031-14)
A.
Except as hereinafter
specified, no building, structures or premises or part thereof shall
hereafter be used, and no building or part thereof or other structure
shall be constructed, reconstructed, extended, enlarged, or substantially
altered, except in conformity with the regulations herein prescribed
for the district in which it is located.
B.
The provisions
of this ordinance shall not apply to any existing buildings or structures,
nor to the existing use of any building, structure or premises as
long they remain unchanged.
C.
Existing non-conforming
structure or uses may be extended or altered, provided that such extension,
alteration or change of use shall be permitted only upon the grant
of a Special Permit by the zoning board of appeals after a public
hearing and a finding by the board that such extension, alteration
or change of use shall not be substantially more detrimental to the
neighborhood than the existing non-conforming use or structure.
D.
No non-conforming
use, if once changed to a use permitted in the district in which it
is located shall never be changed back to a non-conforming use. No
non-conforming use or structure which has been abandoned or not used
for a period of two (2) years or more shall be resumed or replaced
by any other non-conforming use or structure.
E.
Alteration,
reconstruction, extension or structural change to a single, two or
three family non-conforming, residential structure shall be permitted
provided such change does not increase the non-conforming nature of
said structure.
F.
Pre-existing,
non-conforming structures or uses may be extended, altered or changed
in use, providing that such extensions, alterations or changes of
use shall be permitted only upon the grant of a Special Permit by
the Zoning Board of Appeals and after a public hearing, a finding
by the Board that such extension, alteration or change of use shall
not be substantially more detrimental to the neighborhood than the
existing non-conforming use or structure.
G.
Except for
a one, two or three family dwellings, a non-conforming use damaged
or destroyed by fire, flood, earthquake, war, riot, or by an Act of
God, or an act of the public enemy to the extent of less than seventy-five
(75) percent of its reproduction value at the time of such occurrence
shall be reconstructed and used as before such calamity provided that
a building permit, where required, is obtained and such work started
within three (3) years of the date of such occurrence and the work
of restoration of the use is completed within two (2) years of the
date of the issuance of the building permit.
H.
With reference
to the provisions of section 29, Chapter 93, General Laws, no billboard,
sign or other advertising device, subject to the rules and regulations
of the Commonwealth of Massachusetts, Outdoor Advertising Board, shall
be erected or maintained in any district. This restriction shall not
apply to such billboards, signs, or other advertising devices, in
existence on January 1, 1985, and for which licenses have been issued
by said outdoor advertising board in accordance with the provisions
of Chapter 93 and Chapter 93D, General Laws.
I.
Any application
for zoning approval for any residential use which provides more than
three (3) dwelling units or any other use which produces more than
five hundred (500) gallons per day of sewage flow when calculated
in accordance with the flow estimates of CMR (Mass. Sewer System Extension
and Connection Permit Program) Section 7.15 shall require an impact
report to be filed with and approved by the Building Inspector, the
Department of City Services and the City Engineer, which shall show
the total flow; the size, material and slope of all pipes; the ability
of the system to carry the flow; locations of manholes and other appurtenances,
and invert elevations.
J.
Any applications
for zoning approval for use which produces an impermeable surface
of more than thirty (30) percent of the lot area of that use shall
require an impact report to be filed with and approved by the Building
Inspector, Department of City Services and the City Engineer, which
shall show the total surface flow, the means of providing the drainage,
the method of disposal and if connected to the municipal storm sewer
system, shall show the size, material and slope of all pipes; the
ability of the system to carry the flow; locations of manholes and
other appurtenances, and invert elevations. The provision shall not
apply to any application to residential dwellings, three (3) units
or less, in dwelling, apartment and business districts.
K.
Providing the
total floor area for any building located in more than one zoning
district does not exceed the total of the floor areas for each separate
zone, then the building shall not be required to comply with the floor
area ratio of the individual zone providing furthermore that the building
complies with all other dimensional requirements within each zone
in which it is located.
L.
Nothing herein
contained shall prevent the strengthening or restoring to a safe condition
of any part of a building which shall have been declared unsafe by
the Inspector of Buildings of from complying with these lawful requirements.
M.
Any lot, which
is to be occupied for residential purpose shall have a frontage of
at least twenty (20) feet wide on one or more streets and there shall
be not more than one (1) structure of the type permitted for each
such lot.
N.
No lot shall
hereafter be subdivided so as to reduce the area of any yard, court
or open space to less than is required by this Ordinance for the lot
involved, but such yard or court may include one-half of the width
of an alley, railroad right of way, body of water, or another permanently
open space along which it extends.
O.
Construction
or operations under a building or special permit shall conform to
any subsequent amendment of this ordinance unless the use or construction
is commenced within a period of not more than six (6) months after
the permit and in cases involving construction, unless such construction
is continued through to completion as continuously and expeditiously
as reasonable.
P.
Up to three
(3) dwelling units shall be prohibited except by the grant of a Special
Permit by the Zoning board of Appeals in the Business, Business Limited,
Industrial and Industrial Limited Districts.
Q.
The City of
Everett shall be exempt from the provisions of the Building Zone Ordinance
in the exercise of its municipal functions.
(C0031-14)
A.
Definition.
Second class Motor Vehicles shall mean used motor vehicles,
and shall include, but not limited to automobiles, trucks, buses and
motorcycles.
B.
No license
to sell second class motor vehicles shall be granted by the city council
for less than four (4) motor vehicles. The city council is the licensing
authority.
C.
Lot Size.
The minimum lot size shall be 5,000 square feet.
D.
Frontage.
The lot shall have frontage on an accepted street of a minimum
of forty (40) feet.
E.
Front Yard.
There shall be a minimum front yard of ten (10) feet measured
from the street line, one half (five feet) of which shall be landscaped
in accordance with Section 20.C.3 of
the Zoning Ordinances. This area cannot be used for vehicle parking.
F.
Side Yard.
The side yard shall be a minimum of ten (10) feet, unless the
lot abuts a lot used for residential purposes, in which case the side
yard shall be a minimum of twenty-five (25) feet.
G.
Rear Yard.
The rear yard shall be a minimum of twenty-five (25) feet.
H.
Access.
The lot shall have an access road a minimum of eighteen (18)
feet wide from an accepted street to allow ingress and exiting at
the same time.
I.
Building.
The lot shall have a permanent building with toilet facilities.
The building shall contain at least one (1) repair bay with a floor
area of not less than two hundred fifty (250) square feet.
J.
Parking.
For every four vehicles for sale, there shall be two (2) parking
spaces for the exclusive use by customers. The maximum number of customer
parking spaces required is ten (10). There shall be a minimum of three
(3) parking spaces for employee parking.
K.
Signs.
Signs shall be limited to those allowed below and shall be subject
to the following provisions.
1.
Wall Signs:
Individual wall signs identifying on-site tenants shall not exceed
one hundred twenty (120) square feet in area on any wall and the total
wall area of all wall signs on a building shall not exceed three hundred
sixty (360) feet in area.
2.
Freestanding
Signs: Freestanding signs identifying on-site tenants shall not be
more than a total of twenty-four (24) square feet in area, shall be
set back at least ten (10) feet from any lot line, and the total height
above grade shall not exceed four (4) feet.
3.
Sign Restrictions:
No sign shall have moving parts or flashing or alternating lighting.
No sign shall be attached to or located above any roof surface.
4.
Accessory
Signs: Accessory signs required to provide directions or information
shall not exceed six (6) square feet in area and may be located on
walls or at grade.
L.
No other business
licensed by the city council shall be conducted on the licensed premises
except for a first class motor dealer’s license.
(C0031-14)
A.
Definition.
Autobody shall mean motor vehicles, and shall include, but limited
to automobiles, trucks, buses and motorcycles.
B.
The city council
is the licensing authority.
C.
Lot Size.
The minimum lot size area shall be 8,000 square feet.
D.
Frontage.
The lot shall have frontage on an accepted street of a minimum
of forty (40) feet.
E.
Front Yard.
There shall be a minimum front yard of ten (10) feet measured
from the street line, one half (five feet) of which shall be landscaped
in accordance with Section 20.C.3 of
the Zoning Ordinances. This area cannot be used for vehicle parking.
F.
Side Yard.
The side yard shall be a minimum of ten (10) feet, unless the
lot abuts a lot used for residential purposes, in which case the side
yard shall be a minimum of twenty-five (25) feet.
G.
Rear Yard.
The rear yard shall be a minimum of twenty-five (25) feet.
H.
Access.
The lot shall have an access road a minimum of eighteen (18)
feet wide from an accepted street to allow ingress and exiting at
the same time.
I.
Building.
The lot shall have a permanent building with toilet facilities.
The building shall contain at least one (1) repair bay with a floor
area of not less than two hundred fifty (250) square feet.
J.
Parking.
There shall be two (2) parking spaces for the exclusive use
by customers. There shall be a minimum of three (3) parking spaces
for employee parking. For each repair bay over two (2) there shall
be one (1) parking space provided on the lot for vehicles waiting
for, or that have had recently completed work.
K.
Signs.
Signs shall be limited to those allowed below and shall be subject
to the following provisions.
1.
Wall Signs.
Individual wall signs identifying on-site tenants shall not
exceed one hundred twenty (120) square feet in area on any wall and
the total wall area of all wall signs on a building shall not exceed
three hundred sixty (360) square feet in area.
2.
Freestanding
Signs: Freestanding signs identifying on-site tenants shall not be
more than a total of twenty-four (24) square feet in area, shall be
set back at least ten (10) feet from any lot line, and the total height
above grade shall not exceed four (4) feet.
3.
Sign Restrictions:
No sign shall have moving parts or flashing or alternating lighting.
No sign shall be attached to or located above any roof surface.
4.
Accessory
Signs: Accessory signs required to provide directions or information
shall not exceed six (6) square feet in area and may be located on
walls or at grade.
L.
No other business
licensed by the city council shall be conducted on the licensed premises
except for a first class motor dealer’s license.
(C0031-14)
A.
Definitions.
Auto Repair shall mean motor vehicles, and shall include, but
not limited to automobiles, trucks, buses and motorcycles.
B.
The city council
is the licensing authority.
C.
Lot Size.
The minimum lot size area shall be 8,000 square feet.
D.
Frontage.
The lot shall have frontage on an accepted street of a minimum
of forty (40) feet.
E.
Front Yard.
There shall be a minimum front yard of ten (10) feet measured
from the street line, one half (five feet) of which shall be landscaped
in accordance with Section 20.C.3 of
the Zoning Ordinances. This area cannot be used for vehicle parking.
F.
Side Yard.
The side yard shall be a minimum of ten (10) feet, unless the
lot abuts a lot used for residential purposes, in which case the side
yard shall be a minimum of twenty-five (25) feet.
G.
Rear Yard.
The rear yard shall be a minimum of twenty-five (25) feet.
H.
Access.
The lot shall have an access road a minimum of eighteen (18)
feet wide from an accepted street to allow ingress and exiting at
the same time.
I.
Building.
The lot shall have a permanent building with toilet facilities.
The building shall contain at least one (1) repair bay with a floor
area of not less than two hundred fifty (250) square feet.
J.
Parking.
There shall be two (2) parking spaces for the exclusive use
by customers. There shall be a minimum of three (3) parking spaces
for employee parking. For each repair bay over two (2) there shall
be one (1) parking space provided on the lot for vehicles waiting
for, or that have had recently completed work.
K.
Signs.
Signs shall be limited to those allowed below and shall be subject
to the following provisions.
1.
Wall Signs.
Individual wall signs identifying on-site tenants shall not
exceed one hundred twenty (120) square feet in area on any wall and
the total wall area of all wall signs on a building shall not exceed
three hundred sixty (360) square feet in area.
2.
Freestanding
Signs: Freestanding signs identifying on-site tenants shall not be
more than a total of twenty-four (24) square feet in area, shall be
set back at least ten (10) feet from any lot line, and the total height
above grade shall not exceed four (4) feet.
3.
Sign Restrictions:
No sign shall have moving parts or flashing or alternating lighting.
No sign shall be attached to or located above any roof surface.
4.
Accessory
Signs: Accessory signs required to provide directions or information
shall not exceed six (6) square feet in area and may be located on
walls or at grade.
L.
No other business
licensed by the city council shall be conducted on the licensed premises
except for a first class motor dealer’s license.
(Ord. 02-046 of Oct. 22, 2003; Ord.
of 7/16/2002; Ord. of 11/13/2007; Ord. of 4-29-91; amended as part of October 2021
update; Ord. of 6-29-87; Ord. of
7/16/2002; Ord. 11/13/2007)
A.
Uses.
Within any dwelling district as indicated on the zoning map,
no building, structure or premises shall be used and no building or
structure shall be erected which is intended or designed to be used
in whole or in part for any industry, trade, manufacturing, or commercial
purposes, of for other than the following specified purposes:
1.
A single
or double semi-detached dwelling existing at the time of the first
enactment of the Zoning Ordinance may be converted to provide not
more than a total of three (3) dwelling units provided that the following
standards are met:
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Any addition shall comply with the front, side and rear yard
requirements and height limitations of the Zoning Ordinance.
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Where the existing building is already non-conforming, any alteration
shall not increase the existing non-conformity. Parking in accordance
with this Zoning Ordinance shall be provided for any additional dwelling
units.
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2.
The offices
of a doctor, dentist or other member of a recognized profession, teacher
or musician residing on the premises; provided there is no display
or advertising except for a small professional name plate.
3.
Customary
home occupations, such as dressmaking or millinery or the leasing
of rooms or the taking of boarders, conducted by owner occupants only;
provided there is no display or advertising visible from outside,
except for an announcement card or sign of not more than two (2) feet
square area, and that such uses be confined to not over one-third
of the total floor area occupied by each family.
4.
Schools,
except private vocational schools, public libraries, fire stations,
art museums, churches, parish houses and Sunday School buildings,
membership clubs and social and recreational buildings and premises,
park, water supply reservations, soldiers and sailors memorial buildings,
except those chief activity of which is one customarily carried on
as a gainful business.
5.
Real estate
signs, referring only to the premises or tract on which they are located,
and having an area not exceeding eight (8) square feet.
6.
Truck gardens
and greenhouses, provided that any greenhouse heating plant shall
be distant not less than twenty (20) feet from any street or lot line.
7.
Hospitals,
not for the insane or feeble-minded; provided that no building be
within thirty (30) feet of any street or lot line.
8.
Public or
charitable institutional buildings not of a correctional nature, providing
that no building thereon be within thirty (30) feet of any street
or lot line.
9.
Railroad
or street railroad passenger stations or rights-of-way including customary
accessory services therein; not including switching, storage, or freight
yards or sidings.
10.
Cemeteries,
including any crematory therein, which is not within a distance of
thirty feet of any street or lot line.
11.
Telephone
central buildings without garages or yards for service or storage.
12.
A garage
in which no business, service or industry is conducted is permitted
but only on the same lot with a principal building to which it is
accessory. On any such lot, such garage space may be provided for
two (2) motor vehicles, and for one (1) additional motor vehicle for
each two thousand (2,000) square feet by which the area of the lot
exceeds three thousand (3,000) square feet. However, garage space
for one (1) motor vehicle may be provided in any case for each family
for which residence is arranged on the lot. Not more than one (1)
such vehicle shall be a commercial vehicle, and it shall not exceed
two and one-half, (2 ½) tons capacity. In such a garage, space
shall not be leased to non-residents for a commercial vehicle, nor
for more than one (1) vehicle of any kind for each resident on the
lot. Such a conforming garage may be erected on the lot previous to
the erection of a principal building on the same lot but where thus
erected earlier than the principal building the garage shall be so
placed on the lot as not to prevent the eventual practicable and conforming
location of the principal building. Community or group garages: which
may be permitted on the otherwise vacant lot, shall only be permitted
in the Dwelling District upon the grant of a Special Permit by the
Zoning Board of Appeals. There shall be no service for gain to other
the owners or tenants of such garages. No such garage shall conduct
a repair shop.
13.
Agriculture,
horticulture or floriculture and the expansion or reconstruction of
existing structures thereon for the primary purpose of agriculture,
horticulture or floriculture.
14.
Temporary
mobile home placed on the site of a residence destroyed by fire or
other holocaust, for the purpose of providing temporary shelter while
the residence is being rebuilt, but not to exceed twelve (12) months.
15.
The following
uses shall only be permitted in the Dwelling District upon the grant
of a Special Permit by the Zoning Board of Appeals:
a.
Uses,
whether or not on the same parcel as activities permitted as a matter
of right, accessory to activities permitted as a matter of right,
which activities are necessary in connection with scientific research
or scientific development or related production. The Zoning Board
of Appeals may grant such permit provided that it finds that the proposed
accessory use does not substantially derogate from the public good.
b.
Community
or group garages which may be permitted on an otherwise vacant lot.
There shall be no service for gain to other than the owners or tenants
of such garages. No such garages shall conduct a repair shop.
16.
Open-air
markets of any type shall be prohibited. The sale of used household
goods by residential occupants on their premises, normally referred
to as garage sales, shall be allowed providing that such sale not
continue for a period of more than seven (7) days in any year, except
by Special Permit of the Zoning Board of Appeals.
17.
Conversion
of Dwelling.
No new dwelling unit created by the conversion
of an existing dwelling shall be permitted unless the requirements
of minimum lot area and off street parking are satisfied for all dwelling
units in existence and proposed in the dwelling after the conversion
or enlargement.
B.
Dimensional
Requirements.
1.
Frontage:
a.
50 (Fifty)
Feet minimum
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Residential lots in existence prior to the passage of this ordinance
shall be exempt from The frontage requirement in this ordinance for
a period of five (5) years from the date of passage of this ordinance,
but shall conform to the requirements in effect prior to passage of
this ordinance (Note: 30 feet Minimum)
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2.
Lot Area:
a.
Single
Family Dwelling: 5500 Square Feet
b.
Two Family
Dwelling: 7000 Square Feet
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Residential lots in existence prior to the passage of this ordinance
shall be exempt from the lot size in this ordinance for a period of
five (5) years from the date of passage of this ordinance, but shall
conform to the requirements in effect prior to passage of this ordinance
(Note: 30 feet Minimum)
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(Please note former requirements)
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c.
All other
uses: 0.5 maximum floor area ratio
3.
Height:
a.
No structure
shall exceed the average height of buildings within two hundred (200)
feet of the lot, exceed three stories, or exceed a height of forty-five
(45) feet maximum.
i.
Not applicable
to church spires, belfries, cupolas, chimneys, radio and flag poles,
water tanks or hose towers are not more than fifty (50) percent higher
than the average height of the roof of the main structure.
4.
Front Yard:
Twenty (20) feet minimum except where the average front yard
of a least two (2) buildings on the same side of the street and within
two hundred (200) feet of the lot are less than twenty (20) feet,
and the front yard may be equal to the average of those buildings
but not less than ten (10) feet. Porches may encroach ten (10) feet
onto the required front yard. Stairs shall be excluded from any front
yard restrictions.
5.
Corner Lots:
Seven (7) feet minimum on one (1) side of the corner.
7.
Rear Yard:
a.
Twenty-five
(25) feet minimum, except for open decks and porches which may encroach
into the required rear yard providing that in no case shall the rear
yard be less than fifteen (15) feet measured to any part of the porch
or deck.
b.
Garages
and sheds: four (4) feet minimum.
c.
Swimming
pools: Six (6) feet minimum from any lot line.
(Ord. of 4-29-91; Ord. of 6-29-87; amended as part of October 2021 update; Ord. of 4-11-88)
A.
Uses.
In any apartment district, as indicated on the Zoning map, no
building, structure or premises shall be used and no building or structure
shall be erected which is intended or designed to be used in whole
or in part for any industry, trade, manufacturing or commercial purposes
or for other than one of the following specified purposes:
2.
Detached
apartment or tenement houses.
3.
Hotels and
lodging houses, dormitories, providing there is no display or advertising
visible from the street except for a small name sign.
4.
The following
uses shall only be permitted in the Apartment District upon the grant
of a Special Permit by the Zoning Board of Appeals:
a.
Uses, whether
or not on the same parcel as activities permitted as a matter of right,
accessory to activities permitted as a matter of right, which activities
are necessary in connection with scientific research or scientific
development or related production. The Zoning Board of Appeals may
grant such permit provided that it finds that the proposed accessory
use does not substantially derogate from the public good.
5.
Open air
markets of any type shall be prohibited. The sale of used household
goods by residential occupants on their premises, normally referred
to as garage sales, shall be allowed providing that such sale shall
not continue for a period or more than seven (7) days in any year,
except by Special Permit of the Zoning Board of Appeals.
B.
Dimensional
Requirements.
1.
Residential
dwelling units, except one-or two-family units, which will be subject
to Section 4, Dimensional requirements.
a.
Frontage:
Forty (40) feet plus five (5) feet per unit up to seventy (70)
feet maximum required.
b.
Four thousand
(4,000) square feet plus one thousand (1,000) square feet per unit
up to a total of ten (10) units, then five hundred (500) square feet
per unit for all units in excess of ten (10) units.
2.
All other
residential: Floor area ratio, 1 to 1 maximum
3.
All other
uses: Floor area ratio, 1 to 1 maximum
4.
Height:
Four (4) stories, not to exceed sixty (60) feet maximum. Penthouses
shall not be subject to four-story limitations provided the total
height of the building including penthouses does not exceed sixty
(60) feet. Total floor area of church spires, belfries, cupolas, chimneys,
radio and flag poles, water tanks, hose towers and penthouses shall
not exceed in aggregate twenty-five (25) percent of the floor area
of the first floor, and provided that such church spires, belfries,
cupolas, chimneys, radio and flag poles, water tanks and hose towers,
penthouses and shall not be more than fifty (50) percent higher than
the average height of the roof of the main structure.
7.
Rear Yard:
Twenty-five (25) feet minimum.
8.
Accessory
Building:
Shall be located only within the rear yard and shall occupy
not more than thirty-three (33) percent of the rear yard area and
shall not exceed two (2) stories and/or twenty (20) feet in height
nor be located any closer than seven (7) feet from any lot line.
9.
Inground
Swimming Pools:
Six (6) feet minimum form any lot line.
(Ord. 4-29-91; Ord. of 6-29-87; amended as part of October 2021 update; Ord. of 4-11-88)
A.
Uses.
In any business district, as indicated on the Zoning map, buildings
and premises may be used in any part for any purpose herein before
permitted in any dwelling or apartment district and also for any store
or stand or other structure where goods are sold or service rendered,
primarily at retail, also for any public building, places of amusement
or assembly, restaurant, bank or office, also for any stable, garage
or filling station under limitations hereinafter prescribed.
1.
Wholesale
merchandising incidental and subordinate to a primary retail business
shall be permitted.
2.
Manufacturing,
producing, processing, fabricating, printing, converting, altering,
finishing or assembling is permitted to cover on all floors together
not more than one-half the area of the lot or on a scale requiring
not more than a total of five (5) horsepower or steam pressure in
excess of fifteen (15) pounds gauge pressure, and no use prohibited
in section 7 below shall be permitted.
3.
Gas shall
not be stored in quantities exceeding five hundred (500) cubic feet;
nor in quantities exceeding fifty (50) cubic feet if the pressure
is greater than one hundred (100) pounds per square inch; or within
ten (10) feet of any street line or party lot line, except in the
case of gas contained or generated in fire extinguishers.
4.
No junk yard
is permitted.
5.
The operation
of electric lighting and power stations, gas works and steam laundries,
and any use prohibited in industrial districts is not permitted.
6.
No public
garage shall use machinery except as an incidental accessory to automobile
storage not shall it have any part of its shop on the first floor
within twenty (20) feet of any entrance or exit for vehicles. No commercial
work on motor vehicles shall be done out of doors, except that emergency
repairs may be made in a public street in the case of a breakdown.
7.
There shall
be no door or driveway for vehicles in connection with any public
garage within fifty (50) feet of any dwelling or apartment district
boundary line, nor shall any filling station or gas pump be located
within such distances. No gasoline filling appliance shall be located
within ten (10) feet of any street line or of any other property line
unless it is within a building.
8.
Special Exception:
The intent of this paragraph is to provide by special exception
granted by the City Council, a mixture of residential apartments:
retail trade and services, offices, off street parking, and accompanying
accessory uses all within one structure that normally would be in
harmony with the general purpose and intent of the requirements of
the Business District except building height and area.
a.
Special
exception may be granted only by the City council subject to the following
regulations:
1.
Minimum
lot area of 30,000 square feet and a minimum frontage of 200 feet.
2.
No building
or structure shall be constructed unless the lot is at least ninety
(90) percent within the Business District and the building completely
within the Business District.
4.
All uses
to be within the same structure, provided all residential uses shall
be located not lower than the second floor of the structure.
5.
City
council conformation with Chapter 40A section 4, 15, 16, 17 and 21,
Massachusetts General Laws.
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Uses specifically prohibited:
| |
|
a.
|
Manufacturing and industrial.
|
|
b.
|
Wholesale and warehousing.
|
|
c.
|
Salvage and junk operations.
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9.
The following
uses shall only be permitted in the business District upon the grant
of a Special Permit by the Zoning board of Appeals:
a.
Uses, whether
or not on the same parcel as activities permitted as a matter of right,
accessory to activities permitted as a matter of right, which activities
are necessary in connection with scientific research or scientific
development or related production. The Zoning Board of Appeals may
grant such permit provided that it finds that the proposed accessory
use does not substantially derogate from the public good.
10.
Open air
markets of any type, unless already regulated by City Ordinance, shall
be prohibited except by Special Permit of the Zoning Board of Appeals.
Open air markets which have been granted a Special Permit by the Zoning
Board of Appeals shall be required to provide adequate parking, as
outlined and required in Section 17, within five hundred (500) feet of the location of the market if
the market is to remain open for a period in excess of one (1) day.
B.
Dimensional
Requirements.
3.
Height:
a.
Four (4)
stories, not to exceed sixty-five (65) feet maximum, but not applicable
to church spires, belfries, cupolas, chimneys, radio and flag poles
and gas holders, which shall not exceed thirty-three (33) percent
of the floor area of the first floor, and provided that such church
spires, belfries, cupolas, chimneys, radio and flag poles and gas
holders shall not be more than fifty (50) percent higher than the
average height of the roof of the main structure.
b.
Domes,
ornamental towers, observation towers, water towers, hose towers,
penthouses, head houses, water tanks and scenery lofts may be built
within the sixty-five (65) height and shall not be considered a story
provided they do not exceed thirty-three (33) percent of the floor
area of the first floor.
4.
Front Yard:
None required, except when used for residential purposes there
shall be a ten (10) foot minimum of which no less than five (5) feet
shall be used for landscaping.
5.
Side Yard:
None required unless a lot line adjoins lot used for one or
two family or three family dwelling use, in which case the side yard
shall be not less than four (4) feet in width for a building proposed
to be not more than thirty (30) feet in height; and seven (7) feet
for buildings proposed to be more than thirty (30) feet in height.
Where a side lot line serves as a boundary between dwelling and apartment
districts, the side yard shall be a minimum of seven (7) feet in width.
There shall be no projections allowed within the required side yards.
6.
Rear Yard:
Twenty-five (25) feet minimum unless the lot extends from one
(1) street to another street, in which case no rear yard is required,
except for any residential use which shall require a ten (10) foot
minimum.
7.
Accessory
buildings:
Shall be located within the rear yard and shall occupy not more
than thirty-three (33) percent of the rear yard and shall not exceed
two (2) stories and twenty (20) feet in height nor be located closer
than five (5) feet from the rear yard line.
8.
Corner Lot:
None required except seven (7) feet required when residential
use.
9.
In-ground
swimming pools:
Six (6) feet minimum from any lot line.
(Ord. of 6-29-87; amended as part
of October 2021 update; Ord. of 4-11-88; Ord. of 4-29-91; Ord. of 6-29-91; C0031-14)
A.
Uses.
In any industrial district as shown on the Zoning Map, as most
recently amended, any use shall be allowed except that the following
shall be prohibited. Provided, however, that nothing in this section
shall be construed as limiting the powers of the city council as now
established by law.
1.
Uses which
produce offensive odors, emissions, fumes, gases, or smoke, which
produce noise or vibrations which are discernible beyond the limits
of the property lines or which produce dust or waste on the exterior
of the building.
2.
Expansion
of existing bulk storage or processing plants involving the use of
flammable liquids, gases or solids, except upon the grant of a Special
License be the city council.
3.
Industrial
plants for the generation of power, steam or any other type of energy
involving the use of solid fuel.
4.
Any new bulk
storage or processing plants involving the use of flammable or combustible
liquids, gases or solids except upon the grant of a Special License
by the city council.
|
The following uses shall only be permitted in the Industrial
District upon the grant of a Special Permit by the Zoning Board of
Appeals:
| |
|
1.
|
Uses, whether or not on the same parcel as activities permitted
as a matter of right, accessory to activities permitted as a matter
of right, which activities are necessary in connection with scientific
research or scientific development or related production. The Zoning
board of Appeals may grant such permit provided that it finds that
the proposed accessory use does not substantially derogate from the
public good.
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2.
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Open air markets shall be allowed in the Industrial “Districts
providing that no such operation is located within three hundred (300)
feet of a Dwelling, Apartment, Business Limited, or Industrial Limited
District, or a building used for any of the following purposes: hospitals,
nursing home, school, cemeteries, religious worship, or residential.
|
B.
Dimensional
Requirements:
3.
Height:
Six (6) stories, not to exceed one hundred (100) feet maximum.
The height of church spires, belfries, cupolas, chimneys, and gasholders
shall be limited to a maximum of one hundred fifty (150) feet. Domes,
ornamental towers, observation towers, water towers, hose towers,
penthouses, head houses, water tanks and scenery lofts which do not
occupy an area exceeding twenty-five (25) percent of the floor area
of the first story shall not be subject to any height limitations.
4.
Front Yard:
Except for residential uses, there shall be no front yard required
when the street is forty (40) or more feet in width. For streets less
than forty (40) feet in width there shall be a front yard of at least
one (1) foot for every foot that the street is less than forty (40)
feet in width. Portions of buildings or structures, except for residential
uses, which are twelve (12) feet or more above the highest elevation
of the ground along the adjacent sidewalk shall not require a front
yard setback. Buildings, which contain residential uses shall require
a front yard of at least ten (10) feet which no less than five (5)
feet shall be used for landscaping.
5.
Side Yard:
None required unless lot line adjoins lot used for a one or
two family or three family dwelling use, in which case the side yard
shall be not less than ten (10) feet in width for a building proposed
to be not more than thirty (30) feet in height; and twelve (12) feet
for buildings proposed to be more than thirty (30) feet in height.
Where a side lot line serves as a boundary between dwelling and apartment
districts, the side yard shall be a minimum of seven (7) feet in width.
There shall be no projections allowed within the required side yard.
7.
Accessory
Buildings:
Limited to two (2) stories and/or twenty (20) feet in height
and shall not be located closer than fifteen (15) feet from the rear
lot line wen accessory to a residential use.
8.
Corner Lot:
Seven (7) feet required on one (1) side
9.
In-ground
Swimming Pools:
Six (6) feet minimum from any lot lines
A.
Wherever any
room in which persons live, sleep or work, except stores and storage
rooms, cannot be reasonably and exclusively lighted and ventilated
from a street or from a side yard or rear yard as required above,
a court conforming with the provisions of this section shall be required,
on which such room shall open. A court is any open space on the lot
other than a setback front yard, rear yard or side yard. An outer
court is one, which extends to a street, a front yard or a rear yard.
An inner court is any other court. The width of the court is its least
horizontal dimension including the width or any open space within
the lot on which its long side abuts.
B.
No inner court
shall have a length, which is less than twice its width. No outer
court shall have a length, which is greater than four times its width.
No court shall have an opening less than its width. No court need
extend below the lowest story, which it is required to serve. Widths
of courts shall not be less than as follows:
|
Required Width of Court
| ||||
|---|---|---|---|---|
|
No. of stories Above the bottom of the court
|
Residential Use
|
Nonresidential Use
| ||
|
|
Outer
(feet)
|
Inner
(feet)
|
Outer
(feet)
|
Inner
(feet)
|
|
1
|
5
|
9
|
4
|
7 ½
|
|
2
|
10
|
16
|
6
|
10
|
|
3
|
12
|
20
|
8
|
12 ½
|
|
4
|
14
|
24
|
10
|
15
|
|
5
|
16
|
28
|
12
|
17 ½
|
|
6
|
18
|
32
|
14
|
20
|
In any dwelling district or apartment district. No accessory
building shall be permitted within any court.
C.
Projections
into yards and courts.
Except as herein specified, all
yard and courts shall be open, unobstructed to the sky.
Cornices and eaves may project not more than three (3) feet
over any front or rear yard; and over any side yard to an extent not
exceeding one-third of the width of such yard or court and not exceeding
two (2) feet except within five (5) feet of the front wall, where
they may project in any case not more than three (30 feet. Sills,
leaders, belt courses and ornamental features may project not more
than six (6) inches into or over any yard or court. A bay window not
exceeding ten (10) feet in width may project into a front, side or
rear yard not more than three (3) feet and not more the one-third
of the width of the side yard in any case and an open fire-escape
may not thus project more than five (5) feet, provided neither shall
project within five (5) feet of any side lot line.
Before proceeding with any work of the kind specified in Section 3 of this ordinance, an application for
a certificate of occupancy shall be filed with the Inspector of Buildings.
Applications shall include plans in duplicate drawn to scale in ink
or blueprint, giving dimensions, radii and angles of the lot, the
heights, dimensions and locations thereon of all buildings whether
existing or proposed, their existing and intended uses, the number
of families to be housed and such other information as may be necessary
to determine and provide for the enforcement of this ordinance. One
(1) copy of any such plans, if and when approved by the Inspector
of Buildings, shall be returned to the applicant with such permit
as may be granted.
(Ord. of 4-29-91)
It shall be unlawful to use any part of any building or structure
hereafter erected, until a certificate of occupancy shall have been
issued therefor by the Inspector of Buildings, showing that the proposed
use and construction are in accordance with this ordinance. No permit
for excavation or construction shall be issued by the Inspector until
he is satisfied that the plans and intended use of the building conform
to the provisions of this ordinance, when required in accordance with
the Massachusetts State Building Code.
No application for a certificate of occupancy shall be received
by the Inspector of Buildings, relating to the manufacturing or processing
of anything containing animal, poultry or vegetable matter, unless
such application shall contain the written approval of the Board of
Health.
(Ord. of 4-29-91)
A.
A Board of
Appeals is hereby established in accordance with M.G.L., chapter 40A
and shall consist of five (5) members who shall be citizens of Everett,
and shall serve, one (1) for the term of one (1) year, one (1) for
the term of two (2) years, one (1) for the term of three (3) years,
one (1) for the term of four (4) years, and one (1) for the term of
five years, and thereafter one (1) member shall be chosen annually
for a term of five (5) years to succeed the member whose term expired.
Members of the Board of Appeals shall be selected and appointed by
the mayor, subject to confirmation by the city council. Vacancies
shall be filled in the same manner as appointments.
The Board of Appeals shall have the following powers:
1.
To hear
and decide appeals in accordance with M.G.L., Chapter 40A, Section
8.
2.
To hear
and decide applications for Special Permits upon which the board is
empowered to act under this Ordinance.
3.
To hear
and decided petitions for Variances as set forth in M.G.L., Chapter
40A, section 10, including variances for uses not permitted by this
Ordinance.
4.
To hear
and decide appeals from decisions of a Zoning Administrator, if any,
in accordance with M.G.L., Chapter 40A, section 13.
B.
Associate
members of the Board of Appeals may be selected and appointed by the
mayor in the manner established by Section 11.A Above.
C.
In exercising
the powers granted by this section, a Board of Appeals may, in conformity
with the provisions of M.G.L., Chapter 40A, make orders or decisions,
reverse of affirm in whole or in part, or modify any orders or decisions,
and to that end shall have all the powers of the officer from whom
the appeal is taken and may issue or direct the issuance of a permit.
D.
The Board
of appeals shall annually elect a chairman from within its own membership
and a clerk.
The council may from time to time, after publishing notice and
hearing, amend, supplement or change these regulations or districts
as provided by statute. Upon petition of any party or parties interested,
the city council may amend these regulations, after a public hearing
has been held, notice of which shall be published at least thirty
(30) days before the date of the hearing, at the expense of the petitioner,
in some newspaper published in Everett.
Whoever shall violate any provision of this ordinance shall,
for each offense, and for each and every day that such offense continues,
be subject to a fine of not more than twenty dollars ($20.00).
The invalidity of any section or provision of this ordinance
shall not invalidate any other section or provision thereof.
A.
For the prevention
of fire and the preservation of health, safety, morals and general
welfare, the location, use, parking, storage, and occupancy of “trailers”
and “mobile homes” in the City of Everett is hereby regulated
pursuant to the provisions of General Laws, chapter 40A, section 6,
and chapter 143, section 3.
B.
Definitions.
1.
In this
ordinance the term “trailer” or “mobile home”
shall mean any of the various types of vehicles or structures which
depend for mobility on an attached vehicle or other propelling apparatus,
and which are used or equipped to be used for human or animal habitation,
or for a business purpose, but excluding vehicles used for the transportation
of materials and products. Any “trailer” or “mobile
home” or similar structure from which the wheels are removed,
whether or not it is anchored to a foundation, or supported by a foundation,
or by incorporation into a fixed structure, or otherwise has its mobility
reduced, shall be considered a building or dwelling and shall be subject
to all laws applicable to buildings and structures.
2.
Person shall
mean and including any person, firm, partnership, association, corporation
or any organization of any kind.
C.
Occupancy
or use.
No person shall occupy or use a “trailer”
or “mobile home” or similar structure for living or business
purpose except in an approved trailer park established in accordance
with the provisions of Chapter 140, General Laws, Commonwealth of
Massachusetts. A “trailer” may be occupied and used as
a construction office and related use for a period not exceeding ninety
(90) days, subject to the approval of the inspector of buildings as
location, facilities, etc. Additional extensions of time may be granted
by the inspector of buildings if deemed necessary.
D.
Parking.
1.
Parking
of trailers or mobile homes.
No person shall park or
store a trailer or mobile home or similar structure, on any premises
in a dwelling district or apartment district as indicated on the Zoning
Map, except in a garage, or so located as to be at least twenty (20)
feet from any street line, and at least eight (8) feet from any building
on the adjacent lot.
2.
Parking
of trailers or mobile homes.
No person shall park or
store a “trailer” or “mobile home” or similar
structure, on any premises in a business district or industrial district,
as indicated on the Zoning Map, except in a garage, or so located
as to be at least twenty (20) feet from any street line, and at least
eight (8) feet from any building on the adjacent lot.
3.
No such
parking or storing as provided in paragraphs 1 and 2 above shall permitted
for a period in excess of eight (8) months in any twelve (12) month
period.
E.
No provision
of the Zoning Ordinance, or any other ordinance or regulation pertaining
to the location, use or construction of buildings or structures shall
be nullified by the provisions hereof.
F.
Whoever violates
any of the provisions of this section shall be punished by a fine
not exceeding twenty dollars ($20.00) for each offense and to a like
penalty for each day’s continuance of such violation.
|
All ordinances or parts of ordinances in conflict with the foregoing
are hereby repealed.
|
(Ord. 01-046/2001; Ord. C0360-20; amended as part of October 2021 update; Ord. of 4-29-91; Ord. of 5-15-2000; Ord. of 6-29-87; Original Ord. of 2-26-1965, 6-29-87)
A.
Off-street
parking facilities shall be provided in accordance with the requirements
as outlined below. Where the Term “gross square feet”
is used, it shall mean the total occupiable floor area measured within
the exterior walls of the building.
|
(1)
|
One- and two-family dwellings
|
2 spaces per dwelling unit
|
|
(2)
|
Multifamily dwellings
|
2 spaces per dwelling unit
|
|
(3)
|
Hotels, motels, lodging houses, rehabilitation centers, halfway
houses and hospitals
|
1 space for each 2 beds
|
|
(4)
|
Nursing homes, rest homes and dormitories
|
1 space for each 4 beds
|
|
(5)
|
Restaurants
|
1 space for each 4 seats
|
|
(6)
|
Cocktail lounge
|
1 space for each 3 seats
|
|
(7)
|
Places of assembly
|
|
|
|
a. Schools, auditoriums, museums, theaters and cinemas
|
1 space for each room plus 1 space for each 3 persons designated
for the largest single room occupancy
|
|
|
b. Churches, synagogues and other places of assembly used as
places of worship
|
1 space for each room plus 1 space for each space for every
5 persons designated for the largest single room occupancy
|
|
(8)
|
Office use
|
1 space for each 500 gross square feet of use
|
|
(9)
|
Retail use
|
1 space for each 300 gross square feet of use
|
|
(10)
|
Industrial
|
1 space for each 1,000 square feet of use
|
|
(11)
|
Warehouse
|
1 space for each 3,000 gross square feet of use
|
|
(12)
|
Quick service, fast food, drive-in establishments
|
1 space for each 40 gross square feet of floor area
|
|
(13)
|
Public assisted elderly and handicapped housing
|
0.5 spaces per unit
|
B.
Where there
is more than one (1) use in a building, parking shall be required
in accordance with the provisions for each use, and the total number
of spaces shall be based on the sum of spaces for all such uses.
C.
No permit
shall be issued by the inspector of buildings for the erection of
a new building or structure subject to paragraph (A) or (B) of this
section, or the substantial alteration or change of use of any building
or structure which would result in said building or structure being
subject to paragraph (A) or (B) of this section, unless the plans
show the specific locations and size of the off street parking facilities
to be provided in accordance with said paragraphs (A) or (B) of this
section.
D.
Any existing
business or industrial use which was previously in compliance with
the requirements of the zoning ordinance for use and for parking shall
not be subject to these requirements for parking, including any change
of use to a use which also would be allowed in the same district.[1]
E.
In the event
of the enlargement of a building or structure existing on the effective
date of this section, the regulation set forth in this section shall
apply only to the area added and shall not apply to the existing portions
of such buildings provided that the use of these portions remain unchanged.
F.
Buildings
in existence or for which building permits have been issued on the
effective date of this section shall not be subject to these parking
requirements as long as the use of such buildings remain unchanged.
However, any parking facilities thereafter established to serve such
buildings may not in the future be reduced below the requirements
specified in paragraph (A) or (B). One-and two-family dwellings constructed
prior to 1988 shall not be subject to these requirements so long as
the use remains unchanged. However, any driveway constructed thereafter
to serve such building shall be designed so that no vehicle shall
be parked closer to the street line than the existing building.
G.
Where the
computation of required parking spaces results in a fractional number,
only the fraction of one-half (1/2) or more shall be counted as one
(1).
H.
Required off
street parking facilities shall be provided on the same lot as the
principal building(s) they are required to serve with the exception
that (in the case of new buildings) the required parking facilities
may be provided on lots the entire area of which is located not more
than two hundred (200) feet away from the building to be served providing
such lots are located in a similar zoning district as the building
to be served or a less restricted district.
I.
Each required
car space shall be not less than 9 feet in width and 18 feet in length
exclusive of drives and maneuvering space, and the total area of any
parking facility for more than five (5) cars shall average two hundred
seventy-five (275) square feet per car. No driveways or curb cuts
shall exceed thirty (30) feet in width.
J.
Parking facilities
shall be designed so that each motor vehicle may proceed to and from
the parking space provided for it without requiring the moving of
any other motor vehicle. The Board of Appeals, however, may by special
permit modify this requirement and the dimensional requirements of
paragraph (I) of this section, where a parking facility is under full-time
attendant supervision.
K.
Parking facilities
shall be designed so that no vehicles shall be parked nearer to any
street lines than the minimum specified building setback for the Zoning
District in which the parking facility is located.
L.
All properties
which abut such parking lots shall be protected from headlight glare
by either:
1.
A strip
at least four (4) feet wide, densely planted with shrubs or trees
which are at least four (4) feet high at the time of planting and
which are of a type may be expected to form a year-round dense screen
at least six (6) feet high within three (3) years, or
2.
A wall,
barrier, of fence of uniform appearance at least five (5) feet high,
but not more than six (6) feet above finish grade, or above the roof
level if on a roof. Such wall, barrier or fence may be opaque or perforated,
provided that not more than fifty (50) percent of the face open.
3.
Such screening
shall be maintained in good condition at all times and shall not be
permitted to exceed six (6) feet in height. Such wall, barrier or
fence shall have no sings attached thereto or painted thereon other
than those permitted in the district.
M.
No parking
stall shall be located within eight (8) feet of any window of habitable
rooms in the basement or first story level of any building.
N.
Off-street
parking facilities as regulated by this section shall not be used
for automobile sales, gasoline sales, dead storage, repair work (except
emergency repairs), dismantling or servicing of any kind, and any
lighting that is provided shall be installed in a manner that will
prevent direct light from shinning onto any street or adjacent property.
Such facilities shall be designed and used so that as not to constitute
a nuisance, or a hazard, or an unreasonable impediment to traffic.
O.
The design
of parking lots for the parking of more than five (5) vehicles shall
be submitted to the inspector of buildings for review and approval
and shall be subject to the following requirements:
1.
All plans
shall be drawn to scale and show the existing and proposed lot contours,
numbered parking spaces, loading docks, proposed method of ingress
and egress, driveways and aisles, curb cuts existing and proposed,
lighting, drainage, landscaping, setbacks, berms, curbing, fences
and walkways and surface finish.
2.
The site
shall be designed to drain surface water away from the site through
approved catch basins and other approved means to prevent drainage
onto other properties.
3.
The inspector
of buildings shall examine the plans with respect to access, drainage,
capacity, circulation, safety to pedestrians and vehicles using the
facility and the adjoining street.
4.
Except for
one-and two-family dwellings, parking shall be designed so that it
is not necessary to drive over sidewalks or curbs or to back into
the street or driveway.
5.
All parking
areas shall have an access road with a minimum of eighteen (18) feet
to Allow ingress and exiting at same time.
P.
Applications
for more than eight (8) new parking spaces shall be subject to the
approval by the Planning Board and the following requirements:
Q.
The preceding
provisions of this section shall not apply to parking lots built and
in use before the effective date of this ordinance except as follows:
1.
Where parking
lots are increased in capacity after the effective date of this ordinance,
the expanded portion shall be designed in accordance with the provisions
of this section.
R.
Any proposed
site plan or change of use that would not meet the off-street parking
requirements of subsections (A)(2) through
(13) of this section will be subject to the requirements of
Section 35.
(Ord. of 6-29-87; amended as part
of October 2021 update; C0031-14)
A.
Purpose.
The purposes of this section are declared to be:
1.
To provide
for the controlled and most appropriate development of the designated
area during the period of time required to study and modify the Everett
Building Zone Ordinance.
2.
To ensure
that the area is developed so that it will not adversely affect traffic
circulation, traffic safety or pedestrian safety.
3.
To ensure
that public utilities will be adequate to service the area.
4.
To ensure
that the development of the area does not adversely affect residential
areas in close proximity.
B.
Interim Overlay
Boundaries.
The interim overlay district shall be bounded
as follows:
Starting at the northeast corner of the intersection of the
Boston and Maine Railroad right-of way and Broadway and extending
southerly along the west side of Broadway to the southeast corner
of the intersection of Broadway and Chemical Lane and extending along
the northerly side of Chemical Lane 300 feet from the westerly side
of Broadway, then on a line northerly to the easterly side of Charlton
Street, then northerly along Charlton Street to the intersection of
the Boston and Maine Railroad right-of-way, then along the Boston
and Maine Railroad right-of-way to Broadway.
C.
Regulations.
1.
The interim
Overlay District shall be in effect for a period of five (5) years
from the date of adoption.
2.
The effective
period of the Interim Overlay District may be extended by a two-thirds
(2/3) vote of the city council, but under no circumstances may the
total period of extension exceed two (2) years.
D.
Use Restrictions.
A building permit shall not be issued for any of the following
uses within the interim overlay district:
1.
Power, gas
or fuel generating facilities.
2.
Open lot
storage, handling or hauling of used materials including, but not
limited to building materials, metal junk, scrap, paper, rags or motor
vehicles.
3.
Industrial
operations, either outside or inside the building, which produce outside
noxious odors, smoke, steam, or other emissions, or which produce
industrial noise or require excessive use of large trucks or trailers
or transfer of large amounts of industrial materials.
4.
Open lot
or enclosed storage of coal, coke, sand or similar materials.
5.
Service
stations, auto, truck or bus repair, auto, truck body repair, car
washes, automobile, truck or bus service, motor freight terminal,
truck showrooms or agencies for the sale of new or used trucks.
6.
Storage
and sale of building materials or machinery.
7.
Manufacture,
assembly, processing, packing or other industrial operations associated
with medium to heavy industry which involves machining, welding, shearing,
forging, stamping or similar operations.
E.
Dimensional
Requirements.
No building within the overlay district
may be located closer than thirty (30) feet to the street lot line
at the closest point.
Exception: Any lot whose least depth measures not
more than one hundred fifty (150) feet measured perpendicular to the
Broadway street line may deduct six (6) inches from the thirty (30)
foot distance required by section (E), 1., for every foot that it
is less than one hundred fifty (150) feet in depth measured perpendicular
to the Broadway street line, providing, however, that no building
may be located closer than twenty (20) feet from the Broadway street
line.
F.
Landscaping
Requirements.
There shall be an area of landscaping along
the front and side lot lines as follows:
G.
Landscaping
Standards.
Landscaping required for compliance with the
provisions of the overlay district shall consist of trees and/or shrubs
at least three (3) feet in height when planted, over at least sixty
(60) percent of the landscaped area. The remaining forty (40) percent
may be planted at any height.
H.
Parking Requirements.
The following provisions shall regulate parking within the overlay
district in addition to any other provisions of this ordinance.
1.
There shall
be no parking allowed within the thirty (30) foot, distance required
by section (E) above.
Exception: Where landscaping in accordance with
these provisions is provided which is at least twenty (20) feet in
width along the street lot line, then a single line of parking spaces
may be located between the building and the landscaping, arranged
head in, at an angle or parallel to the building, with the total number
of such spaces not to exceed fifteen (15) percent of the total required
parking.
2.
All required
parking, except as provided above, shall be located at least fifty
(50) feet, back from the street lot line.
Exception: Where there is at least five (5) square
feet of landscaping provided, in accordance with section (G) above,
evenly distributed through the parking area, for each required parking
space, the parking may be located within thirty (30) feet of the street
lot line, except as provided in paragraph (H) 1. Above.
I.
Sign Requirements.
Signs within the overlay district shall be limited to those
allowed below and shall be subject to the following provisions:
1.
Wall signs:
Individual wall signs identifying on-site tenants shall not exceed
one hundred twenty (120) square feet in area on any wall and the total
area of all wall signs on a building shall not exceed three hundred
and sixty (360) square feet in area.
2.
Freestanding
signs: Freestanding signs identifying on-site tenants shall be not
more than a total of twenty-four (24) square feet in area, shall set
back at least ten (10) feet from any lot line, and the total height
above grade shall not exceed four (4) feet.
4.
Accessory
signs: Accessory signs required to provide directions or information
shall not exceed six (6) square feet in area and may be located on
walls or at grade, in accordance with the provisions of this section.
J.
Exceptions.
The following shall be exempt from the applications of this
section
1.
Repairs
to existing structures.
2.
Reconstruction
in accordance with the building zone ordinance of any structure damaged
by casualty.
3.
Any plan
which received, prior to the date of adoption of this section, preliminary
subdivision approval from the planning board and/or for which an application
for a special permit or variance was filed, provided that such special
permit or variance is granted by the zoning board of appeals as the
result of such application.
4.
Construction
or renovation of any dwelling units subsidized by the federal or state
government for low or moderate income persons including the state
chapter 667 program for the elderly, the state chapter 689 program
for the disabled persons, the state chapter 705 programs for families,
the State Housing Assistance for Rental Production (SHARP) Program.
The State Tax Exempt Local Loans to Encourage Rental Housing (TELLER)
Program, the State Home Ownership Opportunity Program, and any other
federal, state, county or municipal programs which may be utilized
for the production of, or restoration of housing for low or moderate
income persons under the provisions of chapter 121B of the Massachusetts
General Laws or other statute, regulation or by-law.
(Amended as part of October 2021 update)
A.
Purpose.
For the purposes of protecting and promoting the health, safety,
convenience and general welfare of the inhabitants of the city, promoting
acceptable site planning practices and standards within the City of
Everett and ensuring compliance with good zoning practices, notwithstanding
any other provision of this ordinance to the contrary, no structure
or premises exceeding five thousand (5,000) square feet in nonresidential
gross building area or containing four (4) or more residential dwelling
units shall be constructed, reconstructed, enlarged, altered or used,
except in accordance with a site plan submitted to and approved by
the planning board in accordance with the request of this section.
B.
Any application
for approval of a site plan review under this section shall be accompanied
by twelve (12) copies of a site plan, which shall be at a scale to
be established by the planning board and, according to the size of
the development, shall include twelve (12) copies of all information
required for a definitive plan. The plan shall contain the following
information:
1.
Location
and dimensions of all buildings and other construction;
2.
Location
and dimensions of all parking areas, loading areas, walkways and driveways;
3.
Location
and dimensions of internal roadways and accessways to adjacent public
roadways;
4.
Location
and type of external lighting;
5.
Location,
type, dimensions and quantities of landscaping and screening;
6.
Location
and dimensions of utilities, gas, telephone, electrical, communications,
water, drainage, sewer and other waste disposal;
7.
Location
of snow storage areas;
8.
Location
of all existing natural features, including ponds, brooks, streams
and wetlands;
9.
Topography
of the site, with two-foot contours;
10.
Conceptual
drawings of buildings to be erected, including elevations, showing
architectural styles.
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Such site plan shall also be accompanied by a brief narrative,
as requested by the planning board, addressing these site plan requirements
and other appropriate concerns in the following defined categories.
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11.
Buildings;
12.
Parking
and loading;
13.
Traffic
flow and circulation;
14.
External
lighting;
15.
Landscaping
and screening;
16.
Utilities;
17.
Snow removal;
18.
Natural
area protection and enhancement;
19.
Compatibility
of the architecture of the proposed development with existing architecture
of the surrounding area.
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The planning board shall review such submitted information in
accordance with accepted site planning standards and attempt to promote
such standards and make certain that the development, if approved,
takes place in a manner, which shall in all aspects be an asset to
the city. The planning board shall request changes in such plans and
information submitted to promote the quality of the development and
its impact upon the health, convenience and general welfare of the
inhabitants of the city. The planning board may also request, in their
sole discretion, additional studies which may include but are not
limited to, traffic, noise, and comprehensive environmental studies.
The planning board shall review and amend all such submitted plans
in accordance with the following criteria:
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20.
Adequacy
of the parking facilities and number of parking spaces proposed for
each development;
21.
Adequacy
of loading facilities;
22.
Adequacy
of traffic circulation system;
23.
Adequacy
of access points and routs to and from the land parcel to adjoining
streets and ways;
24.
Adequacy
of type and amount of external lighting to be provided on the parcel;
25.
Adequacy
of type, quality and quantity of landscaping to promote an aesthetically
pleasing environment and to properly screen the development from adjacent
land uses;
26.
Adequacy
of type, quality and quantity of vegetative screening to protect adjacent
and nearby land parcels from structures not aesthetically pleasing
or wholly compatible with such parcels;
27.
Adequacy
of the methods of disposal of sewage, refuse, and other waste;
28.
Adequacy
of the method of surface drainage across from the site;
29.
Adequacy
of the method of water distribution to and from the parcel and its
structures;
30.
Adequacy
of pedestrian circulation systems to and from parking areas and structures;
31.
Adequacy
of protection or enhancement of natural areas;
32.
Compatibility
of the architecture of structures with the architecture of surrounding
or nearby buildings.
C.
The Planning
Board shall, within seven (7) days after receipt of said application
transmit one (1) copy of said application and plans to the inspector
of buildings, city engineer, board of health, conservation commission
and director of community development, who may at their discretion
investigate the application and report in writing their recommendations
to the planning board. The planning board shall not take final action
on such plan until it has received a report thereon from the inspector
of buildings, city engineer, board of health and conservation commission
or until thirty-five (35) days have elapsed after distribution of
such application without submission of a report. Notice of the filing
of the application shall be given to the city clerk, fire department,
police department, superintendent of streets and school department
and further notice shall be given as required by the planning board,
and a public hearing shall be held within sixty-five (65) days after
filing of an application in accordance with Massachusetts General
Laws, Chapter 40A.
D.
Failure of
the planning board to take final action upon an application within
ninety (90) days, following the date of the final public hearing shall
be deemed to be a grant of the approval applied for.
E.
After a notice
and public hearing as set forth above, the planning board, by a two-thirds
(2/3) vote, may approve the plan provided that:
1.
The proposed
development shall properly screen itself, its buildings, structures
and other construction with vegetative landscaping, earth berms, fencing
or other appropriate screening as determined by the planning board.
2.
To protect
the quality of the surrounding area and environment, if such surrounding
area is residential in nature, is land reserved for conservation use
or is land which the board determines to be appropriate for such a
requirement, a buffer zone shall exist along the property line within
which no construction or destruction of land shall take place. The
size of such zone shall be determined by the planning board according
to the size of the proposed development, the land uses of the surrounding
area, the aesthetic aspects of the development, and all impacts of
the proposed development upon such surrounding areas which can be
alleviated through such a buffer zone.
3.
In specific
instances where the planning board deems such to be appropriate, it
shall assess the compatibility of the architecture of a proposed development
with the architecture of the surrounding structures and land uses
and may request alterations to the architecture of such proposed development
to ensure compatibility.
4.
The planning
board may, in appropriate cases as it determined, impose further restrictions
upon the development or parts thereof as a condition to granting the
approval and may waive any defined restrictions.
F.
In exercising
its jurisdiction, the planning board shall conform to all requirements
of procedure applicable under Massachusetts General Laws, Chapter
40A, as amended, and the Everett Zoning Ordinance.
G.
Any approval
granted hereunder shall lapse within two (2) years if substantial
construction thereof has not commenced by such date except for good
cause.
H.
Site Plan
Review Fee: A fee of $1,500.00 or $.10/square foot, whichever is greater,
will be imposed for site plan review.
(Ord. C0355-18; amended as part
of October 2021 update)
a.
Section
3 Uses.
Any proposed nonprofit educational, religious,
or child-care uses of land protected under MGL c.40A, §3 (“Section
3 uses”) with greater than 5,000 gross square feet shall be
subject to a limited site plan review under this section. Such reviews
shall be consistent with all relevant statutory provisions.
b.
Purpose.
The purpose of this section is to ensure that Section 3 uses
and facilities are reasonably regulated in regard to bulk and height
of structures and determining yard sizes, lot area, setbacks, open
space, parking and building coverage.
c.
Authority.
Site plan review of a Section 3 use shall be granted by the
planning board (“board”). Subject to the limitations of
MGL c.40A, §3, the board may impose any such conditions, limitations,
and safeguards as it deems appropriate to protect the interests of,
and consistent with, the planning objectives for the underlying zoning
district.
d.
Regulations.
1.
For uses
listed under this section, limited site plan approval shall be required
for the construction, reconstruction, or use of structures or premises
or for the establishment, intensification, or change of use, kind,
character or degree of a structure or premises greater than 5,000
square feet. Construction, extension, addition, establishment or change
shall not commence, and no building permit or occupancy permit shall
be issued, until limited site plan approval has been issued by the
board.
3.
The board’s
review and evaluation of an application for limited site plan approval
shall be limited to the following criteria:
a.
In reviewing
the site plan submittal for a Section 3 use, the following issues
shall be considered:
1.
The
bulk and height of any proposed structure(s) and accessory structure(s),
adequacy of open spaces, the building coverage on the site, yard sizes
(setbacks) and lot areas;
2.
The
physical layout of the structure(s), driveways, parking areas, utilities
and other infrastructure; and
3.
The
adequacy of the arrangement of parking, drop-off/pick-up and loading
areas in relation to the proposed use of the site.
b.
Adequate
parking shall be provided, meeting the applicable requirements of
Section 17 or Section 30 as designated by the zoning district(s)
of the Everett Zoning Ordinance as to minimum number of off-street
parking spaces, the location and size of the parking area(s), and
construction standards, in a manner which allows for safe vehicular
maneuvering and pedestrian movement within the site. Adequate facilities
for loading and unloading of stock, merchandise, material, and supplies
shall be provided and screened in accordance with Section 19 or Section 30 as designated by the zoning district(s) of the Everett Zoning Ordinance.
Further, adequate drop-off and pick up locations shall be included
in all projects.
c.
The site
drainage shall be designed in accordance with the city of Everett
stormwater regulations in effect at the time.
d.
The design
and adequacy of the sewage disposal system(s) to serve the proposed
development shall be in accordance with water and sewer department
requirements.
e.
Parking
areas adjacent to residential uses shall be adequately screened year-round
from view from said residence by trees, vegetation, and/or screened
fence.
f.
There
shall be no unreasonable glare onto public roads and other public
ways, into the night sky, or onto neighboring properties from lighting
or reflection.
g.
The site
plan shall demonstrate conformance with applicable lot area, setback
and height regulations for the zoning district in which the premises
are located.
4.
The board
shall approve an application in the form submitted or with reasonable
conditions which shall pertain to this section unless the board finds
that the application is incomplete.
5.
Waiver
Provision.
The board after review of the completed application,
at its discretion may waive certain criteria if it deems it appropriate.
6.
The fee
shall be in accordance with the planning board fee schedule.
(Ord. of 4-29-91; amended as part
of October 2021 update)
IDENTIFICATION:
Beginning at a point on the Southerly line of Revere Beach Parkway
one hundred (100) feet Westerly of the Westerly line of Revere Street
and running in an Easterly direction along the Southerly line of Revere
Beach Parkway to a point at the Southwest corner of the intersection
of Everett Avenue and Revere Beach Parkway; thence running in a Southerly
direction on the Westerly line of Everett Avenue to the intersection
of the Westerly line of Everett Avenue and the Chelsea city boundary
line; thence running in Southwesterly direction along the Chelsea
city boundary line two hundred fifty (250) feet to a point; thence
running in a Westerly direction parallel to the Southerly line of
Revere Beach Parkway and at a distance of three hundred (300) feet
Southerly of the Southerly line of Revere Beach Parkway measured along
a line drawn perpendicular to the Southern line of Revere Beach Parkway
to a point on the Easterly line of Revere Street; thence running in
a Southerly direction along the Easterly line of Revere Street to
a point on the Northerly line of Paris Street; thence running in a
Westerly direction on the Northerly line of Paris Street to a point
one hundred and ninety six hundred (100.96) feet from the Westerly
line of Revere Street; thence running Northerly on the existing property
lines to the point of beginning.
Also:
Starting at the northeast corner of the intersection of the
Boston and Maine Railroad right-of way and Broadway and extending
southerly along the west side of Broadway to the southeast corner
of the intersection of Broadway and Chemical Lane and extending along
the northerly side of Chemical Lane 300 feet from the westerly side
of Broadway, then on a line northerly to the easterly side of Charlton
Street, then northerly along Charlton Street to the intersection of
the Boston and Maine Railroad right-of-way, then along the Boston
and Maine Railroad right-of-way to Broadway.
A.
Uses.
In any Business Limited District, as indicated on the zoning
map, no building, structure or premises shall be used and no building
or structure shall be erected which is intended or designed to be
used except as provided herein:
1.
Residential
uses limited to multifamily dwellings, hotels and motels.
2.
Research
and development facilities except those associated with the emission
of noxious odors, smoke, steam or produce excessive noise.
3.
Retail uses
where goods are sold or services rendered primarily at retail.
4.
Offices
and banks.
5.
Restaurants,
including fast food, provided that there are no drive through facilities.
6.
Auto showrooms
for the sale and service facilities, which are associated with the
sales facilities in the same building, by Special Permit.
B.
Dimensional
Requirements.
1.
Frontage:
Minimum of one hundred (100) feet except lots existing on the effective
date of this provision with less than one hundred (100) feet of frontage
shall not require one hundred (100) feet of frontage providing that
the existing footage shall not be further reduced.
2.
Front yard:
Minimum twenty (20) feet or H/3 where H = height of building. EXCEPTION:
Where landscaping in accordance with Section 20.C.3, is provided which is at least ten (10) feet wide,
the building may be located five (5) feet closer to the front lot
line.
3.
Side yard:
Five (5) feet unless lot abuts a lot used for residential building
on multiple dwelling units, in which case there shall be a minimum
of at least five (5) feet but not less than H/4 where H = height of
building.
4.
Rear yard:
Ten (10) feet.
5.
Height:
All buildings shall be limited to a maximum of fifty (50) feet. Other
structures on the roof shall not count towards the height unless the
area of such structure exceeds thirty-three (33) percent of the area
of the roof. The height of any building may be increased to a maximum
of Seventy-five (75) feet upon the grant of a Special Permit.
6.
FAR (Floor
Area Ratio): The floor area ratio shall not exceed 4 to 1. The floor
area ratio may be increased to a maximum of 6 to 1 by the grant of
a Special Permit.
7.
Open Space:
At least fifteen (15) percent of the lot area shall be dedicated to
open space, which shall not include area used for parking or buildings
or areas that are paved. The total area required by this section may
be reduced by two (2) percent for every one (1) percent of the area
which is landscaped on accordance with the requirements of Section 20.C.3.
C.
Landscaping
Requirements.
1.
There shall
be an area of landscaping required along the lot line at least ten
(10) feet in depth as measured from the street to the rear of the
lot, with landscaping provided in accordance with Section 20.C.3.
2.
There shall
be an area of landscaping required along the rear lot line at least
five (5) feet in depth measured from the rear lot line toward the
front of the lot, with landscaping provided in accordance with Section 20.C.3, or a substantial opaque fence six
(6) feet in height.
3.
Landscaping
shall consist of trees or shrubs at least three (3) feet in height
when planted covering at least sixty (60) percent of the landscaping
area with the remaining forty (40) percent planted at any height.
D.
Parking Requirements.
The following provisions shall regulate parking within the Business
Limited District in addition to any other provision of this ordinance.
1.
There shall
be no parking allowed within the front yard subject to the following
exception: Where an area of landscaping at least ten (10) feet in
depth measured from the front yard line to the rear of the lot is
provided in accordance with Section 20.C.3. Along the front lot line, parking may be located five (5) feet
closer to the front lot line.
E.
Sign Requirements.
Signs within the Business Limited District shall be subject
to the following requirements:
1.
Wall signs
shall be limited to individual signs identifying on-site tenants and
each shall not exceed one-hundred twenty (120) square feet in area
on any wall and the total area of all wall signs on a building shall
not exceed three hundred sixty (360) feet in area.
2.
Freestanding
Signs: Freestanding signs identifying on-site tenants shall not be
more than a total of twenty-four (24) square feet in area, shall be
set back at least ten (10) feet from any lot line, and the total height
above grade shall not exceed four (4) feet.
4.
Accessory
Signs: Accessory signs required to provide directions or information
shall not exceed six (6) square feet in area and may be located on
walls or at grade in accordance with provisions of this section.
(Ord. of 1996; Ord. 0326-08; Ord. A0004-10; amended as part of October
2021 update)
Identification:
Beginning on a point at the intersection of the Easterly line
of Revere Street and the Northerly line of Paris Street; thence running
Westerly on the Northerly line of Paris Street to a point on the Easterly
line of Bailey Street extended; thence running Southerly on the Easterly
line of Bailey Street extended to a point on the Northerly boundary
of the Boston an Maine and Boston an Albany Railroads; thence running
Easterly on the Northerly line of the Boston and Maine and the Boston
and Albany Railroads to a point on the Chelsea city boundary line;
thence running Northeasterly on the Chelsea city boundary line to
a point two hundred fifty (250) feet Southwesterly of the Southerly
line of Everett Avenue; thence running Westerly parallel to the southerly
line of revere Beach Parkway and at a distance of three hundred (300)
feet Southerly line of Revere Beach Parkway along a line drawn perpendicular
to the Southern line of Revere Beach Parkway to a point on the Easterly
line of Revere Street; thence running Southerly on the Easterly line
of Revere Street to a point of beginning.
A.
Uses.
In any Industrial Limited District, as indicated on the Zoning
Map, no building, structure or premises shall be used and no building
or structure shall be erected which is intended or designed to be
used in whole or in part for any use except as provided herein:
1.
Hotels and
motels.
2.
Research
and development facilities.
3.
Retail uses
where goods are sold or services rendered primarily at retail.
4.
Offices
and banks.
5.
Storage
of goods in containers where all storage is contained within the building,
not including storage of any raw or natural materials.
6.
Light manufacturing
entirely contained within the structure with no associated emissions
of noxious odors or noise.
7.
Heavy manufacturing
by Special Permit providing there is no outside storage work and there
is no emissions of noxious odors, smoke or noise, and no vibration
discernible on the exterior of the building.
B.
Dimensional
Requirements.
1.
Frontage:
None except for twenty (20) foot minimum for residential use.
2.
Front Yard:
Five (5) feet.
3.
Side Yard:
None required unless lot abuts a lot used for residential use of not
more than three (3) dwelling units, in which case there shall be a
minimum of four (4) feet but not less than H/6 where H = height of
building.
4.
Rear Yard:
None required unless lot abuts lot used for residential use of multiple
dwelling units, in which case, there shall be a minimum of five (5)
feet but not less than H/4 where H = height of building.
5.
Height:
All buildings shall be limited to a maximum of sixty (60) feet. Other
structures on the roof shall not count towards the height unless the
area of such structures exceed thirty-three (33) percent of the area
of the roof. The height of any building may be increased to a maximum
of one hundred (100) feet upon the grant of a Special Permit.
6.
FAR (Floor
Area Ratio); the floor area ratio shall not exceed 6 to 1. The floor
area ratio may be increased up to 8 to 1 by the grant of a Special
Permit.
C.
Site Plan
Review.
All proposed buildings with a gross floor area
greater than ten thousand (10,000) square feet or which exceed one
hundred thousand (100,000) cubic feet in volume shall be subject to
a site plan review in accordance with the provisions of Section 19 of the Building zone Ordinance.
(C0031-14)
A.
Declaration
of Purpose.
1.
There is
documented experience in cities across the United States showing that
adult entertainment uses degrade the quality of life in the areas
of a community where they are located, with impacts including increased
levels of crime, blight, and depreciation of property values.
2.
The City
of Everett desires to protect its residential lands from encroachment
by commercial adult uses and to ensure and promote the City’s
image as a safe, pleasant and attractive place of residence. The City
also desires to preserve and protect the safety of young people and
children in the vicinity of schools and public parks.
3.
The City
further desires that young people and children not be subjected to
confrontation with the existence of adult entertainment uses in the
vicinity of schools and parks.
4.
The commercial
areas of the City of Everett reflect greatly on the City’s image
and it is the desire of the city to promote a positive business community
image, and to retain and promote safe, attractive business areas free
of crime and nuisances.
5.
The purpose
of this Ordinance is to regulate adult entertainment uses within the
City by Special Permit pursuant to Chapter 40A section 9 and 9A of
the General Laws in order to promote the safety and welfare of the
inhabitants of Everett.
6.
Pawn Shops
-Any natural person, partnership or corporation, either as principal,
agent or employee thereof, within the County who loans money on deposits
or pledge of personal property or other valuable thing; who deals
in the purchasing of personal property or other valuable item on condition
of selling that same item back again at a stipulated price; or who
loans money secured by a mortgage on personal property, taking possession
of the property or any part thereof so mortgaged. To the extent that
a business includes buying personal property previously used, renter
or leased, or selling it on consignment, the provision of this section
shall be applicable. Any bank, savings and loan association or credit
union shall not be deemed a pawnbroker for purposes of this section.
7.
Body Piercing
Studio.
A business that, as one of its principal uses,
implants, perforates, or pierces the skin or other body part to make
a hole, mark or scar for a non-medical purpose. A Body Piercing Studio
shall not include a Jewelry Store, Boutique, Beauty Parlor or similar
establishment that uses a mechanized, pre-sterilized ear piercing
system that penetrates the outer perimeter or lobe of the ear or both
as an accessory use to a principal use.
8.
Check-Cashing
Establishment -means a business engaged in cashing checks for the
general public as an element of its operation, which exceeds 50% of
its gross revenues and which is not licensed by the appropriate state
of federal agency as a bank, savings and loan association, or credit
union.
9.
Tattoo
Studio.
A business that marks the skin with any indelible
design, letter, scroll figure, symbol or any other mark that is placed
by the aid of needles or other instruments upon or under the skin
with a substance that will leave color under the skin and that cannot
be removed, repaired or reconstructed without a surgical procedure.
A Tattoo Studio may or may not be operated in conjunction with a Body
Piercing Studio. And
10.
Gun Shop
-the premised of any federally licensed firearms dealer where the
primary Business or commercial enterprise conducted on the premises
is the purchase or sale of firearms or firearm ammunition.
B.
Definitions:
1.
Adult Bookstore-an establishment having as a substantial or significant portion of its stock in trade books, magazines, and other matter which are distinguished as characterized by their emphasis depicting or relating to sexual conduct or sexual excitement as defined in M.G.L. Chapter 272, section 31.
2.
Adult Club-an establishment having as a form of entertainment nude dancing and/or persons performing in a state of nudity or distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in M.G.L. Chapter 272, section 31.
3.
Adult Theater – an enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in M.G.L. Chapter 272, section 31.
4.
Adult Video Store – an establishment having as a substantial or significant portion of its stock in videos and other matter which are distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined in M.G.L. Chapter 272, section 31. Adult Paraphernalia Store – an establishment having as a substantial or significant portion of its stock in devices, tools, or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in M.G.L. Chapter 272, section 31.
5.
Fortune
Teller(s) – person(s) who for a fee engage in the telling of
fortunes, forecasting of futures, or reading the past, by means of
any occult, psychic power, faculty, force, clairvoyance, artomancy,
psychometry, phrenology, spirits, tea leaves, tarot cards, scrying,
coins, sticks, dice, sand, coffee grounds, crystal gazing or other
such reading, or through mediumship, seership, prophecy, augury, astrology,
palmistry, necromancy, mindreading, telepathy or other craft, art,
science, talisman, charm, potion, magnetism, magnetized article or
substance, or by any such similar thing or act. It shall also include
effecting spells, charms, or incantations, or placing, or removing
curses or advising the taking or administering of what are commonly
called love powders or potions in order, for example, to get or recover
property, stop bad luck, give good luck, put bad luck on a person
or animal, stop or injure the business or health of a person or shorten
a person’s life, obtain success in business, enterprise, speculation
and games of chance, win the affection of a person, make one person
marry or divorce another, induce a person to make or alter a will,
tell where money or other property is hidden, make a person to dispose
of property in favor of another, or other such similar activity. Fortunetelling
shall also include pretending to perform these actions.
C.
Adult Use
Restrictions.
1.
Adult Bookstores,
Adult Clubs, Adult Theaters, Adult Video Stores, Fortune Tellers and
Adult Paraphernalia Stores, Pawn Shops, Body Piercing Studios, Check
Cashing Establishments, Tattoo Studios and Gun Shop may not be located:
a.
Within
one thousand (1,000) feet of each other;
c.
Within
one thousand (1,000) feet of a non-profit educational use, library,
or museum;
d.
Within
one thousand (1,000) feet of a park or playground; or
e.
Within
one thousand (1,000) feet of any establishment licensed under the
provisions of section 12 of Chapter 138 of the General Laws.
2.
All Adult
Bookstores, Adult clubs, Adult theaters, Adult Video Stores, Fortune
Tellers and Adult Paraphernalia Stores, Pawn Shops, Body Piercing
Studios, Check Cashing Establishments, Tattoo Studios and Gun Shop
shall have no advertisement, display, or other promotional material
visible to the public from any public way including held within simited
to pedestrian walkways.
D.
Applications,
Special Permits.
Adult Bookstores, Adult Clubs, Adult Theaters, Adult Video Stores,
Fortune Tellers, and Adult Paraphernalia Stores Body Piercing Studios,
Check Cashing Establishments, Tattoo Studios and Gun Shop may be allowed,
by Special Permit, within Industrial and Industrial Limited Districts
subject to the restrictions of Section 3 and subject to the regulations
imposed by the Special Permit Granting Authority. For the purpose
of this section the Special Permit Granting Authority shall be the
city council of the City of Everett.
a.
Special
Permits shall only be issued following a public hearing held within
sixty-five days after the filing of an application with the special
Permit Granting Authority, a copy of which shall forthwith be given
to the city or town clerk by the applicant.
b.
Such Special
Permit Granting Authority shall adopt and from time to time amend
rules relative to the issuance of such permits and shall file a copy
of said rules in the office of the City Clerk.
c.
The Special
Permit Granting Authority shall act within ninety days following a
public hearing for which notice has been given by publication or posting
as provided in G.L.c. 40A s. 11 and by mailing to all the parties
in interest.
d.
Failure
by the Special Permit Granting Authority to take final action upon
an application for a Special Permit within ninety days following the
date of a public hearing shall be deemed to be a grant of the permit
applied for.
e.
Special
Permits issued to an Adult Bookstore, Adult Club, Adult Theater, Adult
Video Store, Fortune Tellers or Adult Paraphernalia Store, Pawn Shops,
Body Piercing Studios, Check Cashing Establishments, Tattoo Studios
and Gun Shop shall expire one year from the date of the issuing of
the permit, and including such time required to pursue or await the
determination of an appeal referred to in G.L.c. 40A s. 17, from the
grant thereof, if a substantial use thereof has not sooner commenced
except for good cause or, in the case of a permit for construction,
if construction has not begun by such date except for good cause.
f.
The application
for a Special Permit must include the following information:
1.
Name
and address of the legal owner of the establishment;
2.
Name
and address of all persons having a lawful, equity, security interest
in the establishment;
3.
A sworn
statement the neither the applicant nor any person having an equity
or security interest in the establishment has been convicted of violating
M.G.L. c. 119,s.63 or M.G.L. c. 272, s, 28; and a statement from the
Chief of Police that the information provided by a Criminal Offender
RecOrd. Check (CORI) is satisfactory
4.
Proposed
security precautions; and
5.
The number
of employees.
g.
No Special
permit shall be issued under this section to any person convicted
of violating M.G.L. c.119 § 63.
(Ord. of 4-29-91)
B.
In the business
district, illuminated portable signs, not to exceed 6’ x 3’
5’ high, (six feet by three feet by five feet high), shall be
allowed by special Permit of the Zoning board of Appeals.
C.
In the industrial
district, illuminated portable signs, not to exceed 6’ x3’
x5’ high, shall be allowed provided that not sign shall be located
within three hundred (300) feet of a dwelling, apartment, business
limited, industrial limited district or any business used for the
following purposes: hospitals, nursing homes, schools, cemeteries,
religious worship, or residential.
(Ord. of 10/22/1999; amended as
part of October 2021 update)
A.
Purpose:
To encourage flexible development options consistent with the
overall objective to provide a distinctive and visually attractive
economic center, primarily supporting the telecommunications industry
and including public access to the Malden River Park.
B.
Overlay District
Boundaries:
The overlay district shall be bounded as follows:
Beginning at the southeast corner of the intersection of the
Revere Beach Parkway and the boundary of the Cities of Everett and
Malden, thence running in a northerly direction along the Malden River
to the Malden city line, thence running in an easterly direction along
the boundary of the cities of Everett and Malden to the Boston and
Maine Railroad right of way, thence running in a southerly direction
along the Boston and Maine railroad right of way to Air Force Road,
thence along Air Force Road in a southerly direction to Norman Street,
thence running along Norman Street in a westerly direction to Santilli
Highway, thence along Santilli Highway to the Revere Beach parkway
in a westerly direction to the point of beginning.
C.
Regulations:
1.
The overlay
district shall be in effect for a period of five (5) years from the
date of adoption.
2.
The effective
period of the Overlay District may be extended by a two-thirds vote
of the City Council, but under no circumstances may the total period
of extension exceed five (5) years.
3.
A public
hearing before the City Council shall be held to solicit comments
from the public. A report of such public hearing shall be submitted
to the Planning Board.
D.
Use Restrictions:
The following uses shall be permitted within the Overlay District:
1.
Communications
Infrastructure
2.
Industrial
Uses related to research and development facilities.
3.
Offices.
4.
Research
and Development Facilities whose principle uses are related to telecommunications,
electronics, engineering, and physics.
5.
Retail Sales
and Services.
6.
Financial
Institutions.
7.
Telecommunications
Facilities.
8.
Medical
research and Development Institutions.
9.
Accessory
Use or Structure customarily incidental and subordinate to the principle
use or principle structure.
|
The following uses shall not be permitted within the Overlay
District:
|
10.
Trailer
Parks.
11.
Animal
processing.
12.
Food processing.
13.
Excavating
and mining.
14.
Gasoline
stations and motor vehicle facilities.
15.
Recycling
stations.
16.
Entertainment
facilities.
17.
Warehousing,
except as permitted in connection with an Industrial use allowed under
section 4.0-2 above.
18.
Trucking
terminals and freestanding product distribution centers.
E.
Dimensional
Requirements:
1.
Floor Area
Ration (FAR).
The maximum FAR shall be 0.50.
2.
Maximum
Height.
Ten stories and 120 feet. However, communications
antennae permitted by special permit may extend up to 200 feet above
grade, either as a freestanding structure or attached to structures.
3.
Minimum
Open Space.
The minimum open space shall be 40 %.
4.
Maximum
Lot Coverage.
No more than 60 % of the total lot may
be covered by structures, buildings, parking facilities and other
impervious surfaces.
5.
Riverfront
Setback.
In no instance shall any structure, parking
facility, sign, or paved roadway be located within 75 feet of the
average high-water mark of the Malden River.
F.
Exceptions.
The following shall be exempt from the application of this section:
1.
Repairs
to existing structures.
2.
Reconstruction
in accordance with the Building Zone Ordinance of any structure damaged
by casualty.
3.
Any plan
which received, prior to the adoption of this section, preliminary
subdivision approval from the Planning Board and/or for which an application
for a special permit or variance was filled, provided that such special
permit or variance is granted by the Zoning Board of Appeals as a
result of such application.
4.
Construction
or renovation of any dwelling units subsidized by the Federal or State
government for low or moderate income persons including the State
Chapter 667 program for the elderly, the State Chapter 689 program
for disabled persons, the State Chapter 705 programs for families,
the State Housing Assistance for Rental Housing (SHARP) Program, the
State Tax Exempt Local Loans to Encourage Rental Housing TELLER) Program,
the State Home Ownership Opportunity Program, any other Federal, State,
County or Municipal programs which may be utilized for the production
of, restoration of housing for low or moderate income persons under
the provisions of Chapter 121B of the Massachusetts General Laws or
statute, regulation or by-law.
G.
Appeal.
Anyone denied a building permit under this section shall have
the right of the appeal to the Everett Zoning Board of Appeals as
well as Chapter 40 A of the Massachusetts General laws.
H.
Severability.
If any provisions of this section are determined to be unenforceable
or is found to be in conflict with State, Federal Law, then that provision
shall be severed from this section and the remaining portions shall
remain in full force.
(Ord. of August 21,2002; amended
as part of October 2021 update; C0031-14)
A.
Purpose.
The City of Everett desires to protect its residential lands
from encroachment by substance abuse treatment centers and to ensure
and promote the City’s image as a safe, pleasant and attractive
place of residence. The City also desires to preserve and protect
the safety of young children in the vicinity of schools and public
parks. The City further desires that young people and children not
be subjected to confrontation with the existence of substance abuse
treatment center uses in the vicinity of schools and parks. The commercial
areas of the City of Everett reflect greatly on the City’s image
and it is the desire of the city to promote a positive business community
image, and to retain and promote safe, attractive business areas free
of crime and nuisance.
The purpose of this section is to regulate Substance Abuse Treatment
Center uses within the City by Special Permit to Chapter 40A, Sections
9 and 9A of the Massachusetts General Laws. In order to promote the
safety and welfare of the inhabitants of Everett.
B.
Definitions.
1.
Substance
Abuse Treatment center:
A facility providing substance abuse treatment services, including
but not limited to counseling services, therapy sessions and/or the
dispensing of medication to treat substance abuse.
2.
Medical
Center:
An institution providing varied medical services, including
but not limited to ambulatory care. Route medical visits, surgical
care, physical rehabilitation, or mental health services, on an out-patient
basis. “Hospitals” and “Substance Abuse treatment
Centers” are specifically excluded from this definition.
C.
Restrictions.
A Substance Abuse Treatment Center shall not be located:
1.
Within one
thousand (1,000) feet of each other;
3.
Within one
thousand (1,000) feet of a non-profit educational use, library, or
museum;
4.
Within one
thousand (1,000) feet of a park or playground; or
5.
Within one
thousand (1,000) feet of any established/establishment licensed under
the provisions of Massachusetts General Laws, Chapter 138, Section
12;
6.
Adjacent
properties shall be adequately protected from noise, odors and unsightly
appearances;
7.
The hours
of operation shall not negatively impact surrounding areas in terms
of traffic flow, nor create increases in traffic volume during peak
periods in surrounding areas.
D.
The application
for special permit must include the following information:
1.
Name and
address of the legal owner of the establishment;
2.
Name and
address of all persons having a lawful equity, or security interest
in the establishment;
3.
A sworn
statement the neither the applicant nor any person having equity or
security interest in the establishment has been convicted of violating
M.G.L. 119, Section 63 or M.G.L. Chapter 272, Section 28;
4.
Proposed
security precautions; and
5.
The number
of employees;
6.
No Special
Permit shall be issued under this section to any person convicted
of violating M.G.L. Chapter119, Section 63.
E.
Applications.
Substance Abuse Treatment Centers may be allowed, by Special
Permit, within Industrial Limited Districts subject to the restrictions
of Section 3 and subject to regulations imposed by the Special Permit
Granting Authority. For the purpose of this section, the Special Permit
Granting Authority shall be the city council of the City of Everett.
1.
Special
Permits shall only be issued following a public hearing held within
sixty-five days after the filing of an application with the Special
Permit Granting Authority, a copy of which shall forthwith be given
to the City Clerk by the Applicant.
2.
Such Special
Permit Granting Authority shall adopt and from time to time amend
rules relative to the issuance of such Special Permits and shall file
a copy of said rules in the Office of the City Clerk.
3.
The Special
Permit Granting Authority shall act within ninety days following a
public hearing for which notice has been given by publication or posting
as provided in M.G.L. 40A, Section 11 and by mailing to the parties
in interest.
4.
Failure
by the Special Permit Granting Authority to take final action following
the date of a public hearing shall be deemed to be a grant permit
applied for.
5.
Special
Permits for Substance Abuse Treatment Center shall expire one year
from the date of the issuing of the permit, and including such time
required to pursue or await the determination of an appeal referred
to in M.G.L., Chapter 40A Section 17, from the grant thereof, if a
substantial use thereof has not sooner commenced except for good cause
or, in the case of permit for construction, if construction has not
begun by such date except for good cause.
(Ord. 04-046 9:23:2004; amended
as part of October 2021 update)
The overlay district shall be bounded as follows:
Beginning at the southeast corner of the intersection of the
Revere Beach Parkway and the boundary of the Cities of Everett and
Malden, thence running in a Northerly direction along the Malden River
to the Malden city line, thence running in an Easterly direction along
the boundary of the cities of Everett and Malden to a point approximately
390 feet +/-from the intersection of Wyllis Avenue and Bellrock Streets
then turning in a southerly direction to Tremont Street, then following
the southerly side of Tremont Street to the intersection of Elton
Street and then turning northeasterly direction to the intersection
of Valley Street and then turning in a southeasterly direction and
following Valley Street to the intersection of Waters Avenue, then
turning and running westerly on Waters Avenue to the intersection
of Elm Way and then turning Southerly to a point thirty six and sixty
five hundreds (36.65) feet from the intersection of Waters Avenue
and Elm Way and continuing to a point forty seven (47.00) feet from
the intersection of Elm Way and Appleton Street then crossing the
street at a point at the Boston and Maine Railroad and then running
along said railroad for a distance of approximately one hundred six
and seventy one hundreds (106.71) feet then turning in an easterly
direction for a distance of approximately one hundred eighty five
and ninety two hundreds (185.92) feet then turning in an southerly
direction for a distance of two hundred fifty six (256.00) feet to
Laurel Street and then running along Laurel Street to the intersection
of Tileston Street cross Tileston Street and then turn westerly and
run approximately ninety seven and sixty five hundreds (97.65) Feet
to the Boston and Maine Railroad and turn and run southerly along
said railroad for a distance of approximately seventy six and ninety
seven hundreds (76.97) feet then turn and run easterly for a distance
of approximately one hundred sixty seven and ninety hundreds (167.90)
feet then turning and running for a distance of approximately five
hundred fifty (550) feet to a point on Park Terrace then turning and
running easterly direction for a distance of approximately two hundred
fifty (250) Feet +/-along the back of the property on Spaulding Street
and then turning southerly for a distance of fifty (50) feet then
turning easterly for fifty (50) feet then turning southerly for a
distance of one hundred (100) feet to Spaulding Street then turn and
run along the northerly side of said Spaulding Street to the Boston
and Maine Railroad and cross said railroad to a point at the intersection
of Plymouth Street and the Revere Beach Parkway then turn and run
along the easterly side of Plymouth Street for a distance of approximately
one hundred thirty eight and eighty seven hundreds (138.87) feet then
turn and run in a northeasterly direction to the Boston and Maine
Railroad (behind the homes on Wellington and Fleet Streets) then turning
and following the Boston and Maine railroad for a distance of approximately
six hundred fifty and fourteen hundreds (650.14) feet to Tileston
Street then turn and run for a distance of one thousand two hundred
twenty eight and nine hundreds (1228.09) feet +/-to the intersection
of Tileston Street and Santilli Highway then turn and run southerly
for a distance of approximately two hundred ninety five and forty
seven hundreds (295.47) feet +/-then turn and run easterly for a distance
of one hundred sixty eight and ninety hundreds (168.90) feet then
turn and run southerly for a distance of approximately one hundred
(100) feet then turn an run easterly for a distance of approximately
two hundred sixteen and fifty five hundreds (216.55) feet +/-then
turning and running approximately three hundred seventy (370.00) feet
behind the house’s on Kelvin Street to the Revere Beach parkway
and then turning and running along the Revere Beach parkway in a westerly
direction to the point of beginning.
A.
Definitions.
Gross Floor Area: The sum, in square feet, of the floor area
of all the roofed portions of a building as measured from the interior
faces of the external walls. Underground parking structures shall
not be calculated as part of the Gross Floor Area and shall not be
subject to setback requirements.
B.
Uses.
In the Riverfront Overlay District, as indicated on the zoning
map, no building, structure or premises shall be used and no building
or structure shall be erected which is intended or designed to be
used except as provided herein:
1.
Residential
uses limited to multifamily dwellings.
2.
Hotels and
Motels by Special Permit.
3.
Research
and development facilities except those associated with the emission
of noxious odors, smoke, steam or produce excessive noise.
5.
Offices
and banks.
6.
Restaurants,
including fast food, provided that there are no drive-through facilities.
C.
Dimensional
Requirements.
1.
Frontage:
Minimum of one hundred (100) feet except lots existing on the effective
date of this provision with less than one hundred (100) feet of frontage
shall not require one hundred (100) feet of frontage providing that
the existing footage shall not be further reduced.
2.
Front yard:
Minimum ten (10) feet.
3.
Side yard:
A total of thirty (30) feet, with a minimum of ten (10) feet on either
side.
4.
Rear yard:
Twenty-five (25) feet.
5.
Height:
All buildings shall be limited to a maximum of sixty-five (65) feet,
with a maximum of five (5) stories. Exceptions Stair towers, elevator
penthouses and mechanical equipment shall not be included and roof
decks shall be permitted but shall not exceed 33% of the roof area.
6.
FAR (Floor
Area Ratio): The floor area ratio shall not exceed 2.25 to 1. The
floor area ratio may be increased to a maximum of 4 to 1 by the grant
of a Special Permit.
7.
Maximum
Number of Units Per Acre: The maximum number of units per acre shall
be seventy (70) residential units.
8.
Open Space:
At least fifteen (15) percent of the lot area shall be dedicated to
open space, which shall not include area used for parking or buildings
or areas that are paved.
9.
Accessory
Uses: Uses that are customarily accessory to the uses permitted as
of right of by Special Permit under this section and that are included
within buildings shall be allowed and shall be exempt from the Floor
Area Ratio (FAR). However, the total gross square feet of all accessory
uses in any building shall not exceed 5% of the total gross floor
area of one floor of the building.
D.
Landscaping
Requirements.
1.
There shall
be an area of landscaping required along the lot line at least ten
(10) feet in depth as measured from the street to the rear of the
lot, with landscaping provided in accordance with Section 20.C.3.
2.
There shall
be an area of landscaping required along the rear lot line at least
ten (10) feet in depth measured from the rear lot line toward the
front of the lot, with landscaping provided in accordance with Section 20.C.3, or a substantial opaque fence six
(6) feet in height.
3.
Landscaping
shall consist of trees or shrubs at least three (3) feet in height
when planted covering at least sixty (60) percent of the landscaping
area with the remaining forty (40) percent planted at any height.
E.
Parking requirements.
The following provisions shall regulate parking within the Riverfront
Overlay District in addition to any other provision of this ordinance.
F.
Sign Requirements.
Signs within the River Front Overlay District shall be subject
to the following requirements:
1.
Wall signs
shall be limited to individual signs identifying on-site tenants and
each shall not exceed fifty (50) square feet in area on any wall and
the total area of all wall signs on a building shall not exceed one
hundred fifty (150) feet in area.
2.
Freestanding
Signs: Freestanding signs identifying on-site tenants shall not be
more than a total of fifty (50) square feet in area, shall be set
back at least ten (10) feet from any lot line, and the total height
above grade shall not exceed six (6) feet.
4.
Accessory
Signs: Accessory signs required to provide directions or information
(i.e.: exit signs hours of operation) shall not exceed six (6) square
feet in area and may be located on walls or at grade in accordance
with provisions of this section.
(C0031-14)
A.
Purpose.
The City of Everett intends to protect its residential lands,
waterways and natural environments from the encroachment by materials
recycling facilities, incinerators, landfills, junk yards and facilities
and transfer stations and to ensure and promote the City’s image
as a pleasant and attractive place of residence. Additionally, the
City of Everett desires to foster sound, environmentally friendly
economic development opportunities within all commercial and industrial
districts in the City.
The purpose of this section is to regulate the use of materials
recycling facilities, incinerators, landfills, junk yards and facilities,
and transfer stations within the City of Everett by Special Permit
as authorized pursuant to Massachusetts General Laws Chapter 40A,
Section 9.
B.
Incinerator:
Junk Yard/Facility:
Landfill:
Materials Recovery Facility (MRF):
Solid Refuse:
Transfer Station:
Definitions.
As used within this section, the following definitions shall
apply:
a furnace or apparatus, whether enclosed within a structure
or not, for burning trash, garbage, and other refuse materials to
ashes.
an area or structure used for the storage and/or sale of
old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber
debris; waste, junked dismantled or wrecked automobiles, or parts
thereof; iron, steel, and other old or scrap ferrous or non-ferrous
materials; and any item that contains a hazardous material as defined
by the Massachusetts Department of Environmental Protection.
a low area of land that is built upon from deposits of solid
refuse in layers covered by soil.
an area in conjunction with a building/structure intended
and designed to receive and process materials such as wood, paper,
metals, or plastics for the purpose of recycling said materials into
usable products and/or materials for resale to industry and commerce;
it shall not be construed that an MRF can be utilized for the production
of energy for either public or private purposes.
all solid or liquid waste materials, including garbage and
rubbish, and sludge, but not including sewage, and those materials
defined as hazardous wastes in section two of chapter twenty-one C
and those materials defined as source, special nuclear or by-product
material under the provisions of the Atomic Energy Act of 1954.
a place where residential garbage and commercial wastes are
compressed, baled, and loaded on vehicles for moving to disposal sites,
as for landfill.
C.
Restrictions.
Any materials recycling facility, incinerator, landfill, junkyard
and facility, or transfer station shall not be located:
1.
Within one
thousand (1,000) feet of each other;
2.
Within five
hundred (500) feet of the nearest lot line of:
3.
Within one
thousand (1,000) feet of a non-profit educational use, museum or library;
4.
Within one
thousand (1,000) feet of a park or playground;
5.
Within one
thousand (1,000) feet of any waterway, as that term may be defined
by Massachusetts General Laws, within the City of Everett;
6.
Adjacent
properties shall be adequately protected from noise, odors and unsightly
appearances; and
7.
The hours
of operation shall not negatively impact on surrounding areas in terms
of traffic flow, nor create increases in traffic volume during peak
periods in surrounding areas.
D.
Application
for Special Permit.
A materials recycling facility, incinerator,
landfill, junk yard and facility, or transfer station may be allowed,
by Special Permit, within any Riverfront Overlay District, Telecommunications
Overlay District, or Industrial Limited District, subject to the restrictions
of Section 3 herein, and further subject
to regulations imposed by the Special Permit Granting Authority. As
referenced in this Section, the city council of the City of Everett
shall constitute the Special Permit Granting Authority.
The following shall govern the issuance of Special Permits under
this Section:
1.
Special
Permits shall only be issued following a public hearing held within
sixty-five (65) days after the filing of an application with the Special
Permit Granting Authority, a copy of which shall be immediately transmitted
to the Everett City Clerk;
2.
The Special
Permit Granting Authority shall adopt, and from time to time, amend
rules governing the issuance of Special Permits and shall file a copy
of said rules with the Everett City Clerk;
3.
The Special
Permit Granting Authority shall act within ninety (90) days following
a public hearing for which notice has been given by publication or
posting as provided in Massachusetts General Laws Chapter 40A, Section
11 and by mailing to the parties in interest;
4.
Failure
by the Special Permit Granting Authority to take final action following
the date of a public hearing shall be deemed to be a grant of the
Special Permit applied for; and
5.
Special
permits for a materials recycling facility, incinerator, landfill,
junk yard and facility, or transfer station shall expire one (1) year
from the date of issuance thereof, and including such time required
to pursue or await the determination of an appeal as set forth in
Massachusetts General Laws Chapter 40A, Section 17, from the grant
thereof, if a substantial use thereof has not sooner commenced except
for good cause or, in the case of a permit for construction, if construction
has not begun by such date, except for good cause.
A.
Purpose.
1.
The harmful
impacts of soil erosion and sedimentation are:
a.
Impairment
of water quality and flow in lakes, ponds, streams, rivers, wetlands
and groundwater;
b.
Contamination
of drinking water supplies;
c.
Alteration
or destruction of aquatic and wildlife habitat;
d.
Flooding;
and,
e.
Overloading
or clogging of municipal catch basins and storm drainage systems.
2.
The objectives
of this bylaw are to:
a.
Protect
water resources;
b.
Require
practices that eliminate soil erosion and sedimentation and control
the volume and rate of storm water runoff resulting from land disturbance
activities;
c.
Promote
infiltration and the recharge of groundwater;
d.
Ensure
that soil erosion and sedimentation control measures and storm water
runoff control practices are incorporated into the site planning and
design process and are implemented and maintained;
e.
Require
practices to control waste such as discarded building materials, concrete
truck washout, chemicals, litter, and sanitary waste at the construction
site that may cause adverse impacts to water quality;
f.
Comply
with state and federal statutes and regulations relating to storm
water discharges; and,
g.
Establish
Everett’s legal authority to ensure compliance with the provisions
of this Ordinance through inspection, monitoring, and enforcement.
B.
ABUTTER:
AGRICULTURE:
APPLICANT:
AUTHORIZED ENFORCEMENT AGENCY:
CERTIFIED PROFESSIONAL IN EROSION AND SEDIMENT CONTROL (CPESC):
CONSTRUCTION AND WASTE MATERIALS:
CLEARING:
EROSION:
EROSION AND SEDIMENTATION CONTROL PLAN:
ESTIMATED HABITAT OF RARE WILDLIFE AND CERTIFIED VERNAL POOLS:
LAND-DISTURBING ACTIVITY:
MASSACHUSETTS ENDANGERED SPECIES ACT:
MASSACHUSETTS STORMWATER MANAGEMENT POLICY:
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or municipal storm
drain system:
OWNER:
PERSON:
PRE-CONSTRUCTION:
PRIORITY HABITAT OF RARE SPECIES:
RUNOFF:
SEDIMENT:
SEDIMENTATION:
SITE:
SLOPE:
SOIL:
STABILIZATION:
STORMWATER:
STRIP:
VERNAL POOLS:
WATERCOURSE:
WETLAND RESOURCE AREA:
WETLANDS:
Definitions.
The owner(s) of land abutting the activity.
The normal maintenance or improvement of land in agricultural
or aquacultural use, as defined by the Massachusetts Wetlands Protection
Act and its implementing regulations.
Any person, individual, partnership, association, firm, company,
corporation, trust, authority, agency, department, or political subdivision,
of the Commonwealth or the Federal government to the extent permitted
by law requesting a soil erosion and sediment control permit for proposed
land-disturbance activity.
The Planning Board its employees or agents designated to
enforce this Ordinance.
A certified specialist in soil erosion and sediment control.
This certification program, sponsored by the Soil and Water Conservation
Society in cooperation with the American Society of Agronomy, provides
the public with evidence of professional qualifications.
Excess or discarded building or site materials, including
but not limited to concrete truck washout, chemicals, litter and sanitary
waste at a construction site that may adversely impact water quality.
Any activity that removes the vegetative surface cover.
The wearing away of the land surface by natural or artificial
forces such as wind, water, ice, gravity, or vehicle traffic and the
subsequent detachment and transportation of soil particles.
A document containing narrative, drawings and details developed
by a qualified professional engineer (PE) or a Certified Professional
in Erosion and Sedimentation Control (CPESC), which includes best
management practices, or equivalent measures designed to control surface
runoff, erosion and sedimentation during pre-construction and construction
related land disturbance activities.
Habitats delineated for state-protected rare wildlife and
certified vernal pools for use with the Wetlands Protection Act Regulations
(310 CMR 10.00) and the Forest Cutting Practices Act Regulations (304
CMR 11.00).
Any activity that causes a change in the position or location
of soil, sand, rock, gravel, or similar earth material.
(G.L. c. 131A) and its implementing regulations at (321 CMR
10.00) which prohibit the “taking” of any rare plant or
animal species listed as Endangered, Threatened, or of Special Concern.
The Policy issued by the Department of Environmental Protection,
and as amended, that coordinates the requirements prescribed by state
regulations promulgated under the authority of the Massachusetts Wetlands
Protection Act G.L. c. 131 §. 40 and Massachusetts Clean Waters
Act G.L. c. 21, §. 23-56. The Policy addresses storm water impacts
through implementation of performance standards to reduce or prevent
pollutants from reaching water bodies and control the quantity of
runoff from a site.
The system of conveyances designed or used for collecting
or conveying storm-water, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the City of Everett.
A person with a legal or equitable interest in property.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the Commonwealth or the federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
All activity in preparation for construction.
Habitats delineated for rare plant and animal populations
protected pursuant to the Massachusetts Endangered Species Act and
its regulations.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
Mineral or organic soil material that is transported by wind
or water, from its origin to another location; the product of erosion
processes.
The process or act of deposition of sediment.
Any lot or parcel of land or area of property where land-disturbing
activities are, were, or will be performed.
The incline of a ground surface expressed as a ratio of horizontal
distance to vertical distance.
Any earth, sand, rock, gravel, or similar material.
The use, singly or in combination, of mechanical, structural,
or vegetative methods, to prevent or retard erosion.
Storm water runoff, snow melt runoff, and surface water runoff
and drainage.
Any activity which removes the vegetative ground surface
cover, including tree removal, clearing, grubbing, and storage or
removal of topsoil.
Temporary bodies of freshwater which provide critical habitat
for a number of vertebrate and invertebrate wildlife species.
A natural or man-man channel through which water flows or
a stream of water, including a river, brook, or underground stream.
Areas specified in the Massachusetts Wetlands Protection Act M.G.L. c. 131, § 40 and in the (city or town’s) wetland bylaw/ordinance.
Tidal and non-tidal areas characterized by saturated or nearly
saturated soils most of the year that are located between terrestrial
(land-based) and aquatic (water-based) environments, including freshwater
marshes around ponds and channels (rivers and streams), brackish and
salt marshes; common names include marshes, swamps and bogs.
C.
Authority.
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the Home Rule statutes,
and pursuant to the regulations of the federal Clean Water Act found
at 40 CFR 122.34
D.
Applicability.
This bylaw shall apply to all activities that result in disturbance
of one or more acres of land that drains to the municipal separate
storm sewer system. Except as authorized by the Planning Board, hereafter
known as “the Board,” in a Land Disturbance Permit or
as otherwise provided in this bylaw, no person shall perform any activity
that results in disturbance of an acre or more of land. Normal maintenance
and improvement of land in agricultural or aquacultural use, as defined
by the Wetlands Protection Act regulation 310 CMR 10.4, are exempt.
In addition, as authorized in the Phase II Small MS4 General Permit
for Massachusetts, storm water discharges resulting from the above
activities that are subject to jurisdiction under the Wetlands Protection
Act and demonstrate compliance with the Massachusetts Storm Water
Management Policy as reflected in an Order of Conditions issued by
the Conservation Commission are exempt from compliance with this bylaw.
E.
Responsibility
for Administration.
1.
The Board
shall administer, implement and enforce this bylaw. Any powers granted
to or duties imposed upon the Board may be delegated in writing by
the Board to its employees or agents.
2.
Waiver.
The Board may waive strict compliance with any requirement of
this Ordinance or the rules and regulations promulgated hereunder,
where:
3.
Rules and
Regulations.
The Board may adopt, and periodically amend
rules and regulations to effectuate the purposes of this Ordinance.
Failure by the Board to promulgate such rules and regulations shall
not have the effect of suspending or invalidating this Ordinance.
F.
Permits and
Procedure.
1.
Application
A completed application for a Land Disturbance Permit shall be filed
with the Board.[1] A permit must be obtained prior to the commencement of
land disturbing activity that may result in the disturbance of an
area of one acre or more. The Land Disturbance Permit Application
package shall include:
a.
A completed
Application Form with original signatures of all owners;
b.
A list
of abutters certified by the Assessor’s Office;
c.
Three
(3) copies of the Erosion and Sediment Control Plan as specified in
Section VI of this bylaw;
d.
Payment
of the application and review fees; and,
e.
One (1)
copy each of the application Form and the list of abutters filed with
the Town Clerk.
[1]
Editor’s Note: The Land Disturbance Permit application
form is included as an attachment to this chapter.
2.
Entry.
Filing an application for a permit grants the Board or its agent,
permission to enter the site to verify the information in the application
and to inspect for compliance with permit conditions.
3.
Other Boards.
The Board shall notify the Town Clerk of receipt of the application
and shall give one copy of the application package to the Planning
Board and The Board of Health
4.
Public
Hearing.
The Board shall hold a public hearing within
twenty-one (21) days of the receipt of a complete application and
shall take final action within twenty-one (21) days from the time
of the close of the hearing unless such time is extended by written
agreement between the applicant and the Board. Notice of the public
hearing shall be given by publication and posting and by first-class
mailings to abutters at least seven (7) days prior to the hearing.
The Board shall make the application available for inspection by the
public during business hours at the City of Everett’s Building
Department
5.
Information
requests.
The applicant shall submit all additional information
requested by the Board prior to issuance of a decision on the application.
6.
Action
by the Board.
The Board may:
a.
Approve
the Land Disturbance Permit Application and issue a permit if it finds
that the proposed plan will protect water resources and meets the
objectives and requirements of this Ordinance;
b.
Approve
the Land Disturbance Permit Application and issue a permit with conditions,
modifications or restrictions that the Board determines are required
to ensure that the project will protect water resources and meets
the objectives and requirements of this Ordinance;
c.
Disapprove
the Land Disturbance Permit Application and deny the permit if it
finds that the proposed plan will not protect water resources or fails
to meet the objectives and requirements of this Ordinance.
7.
Failure
of the Board to take final action upon an Application within the time
specified above shall be deemed to be approval of said Application.
Upon certification by the Town Clerk that the allowed time has passed
without the Board’s action, the Land Disturbance Permit shall
be issued by the Board.
8.
Fee Structure.
Each application must be accompanied by the appropriate application
fee as established by the Board. Applicants shall pay review fees
as determined by the Board sufficient to cover any expenses connected
with the public hearing and review of the Land Disturbance Permit
Application before the review process commences. The Board is authorized
to retain a Registered Professional Engineer or other professional
consultant to advise the Board on any or all aspects of the Application.
9.
Project
Changes.
The permittee, or their agent, must notify the
Board in writing of any change or alteration of a land-disturbing
activity authorized in a Land Disturbance Permit before any change
or alteration occurs. If the Board determines that the change or alteration
is significant, based on the design requirements listed in Section 7.B. and accepted construction practices,
the Board may require that an amended Land Disturbance Permit application
be filed and a public hearing held. If any change or alteration from
the Land Disturbance Permit occurs during any land disturbing activities,
the Board may require the installation of interim erosion and sedimentation
control measures before approving the change or alteration.
G.
Erosion and
Sediment Control Plan.
1.
The Erosion
and Sediment Control Plan shall contain sufficient information to
describe the nature and purpose of the proposed development, pertinent
conditions of the site and the adjacent areas, and proposed erosion
and sedimentation controls. The applicant shall submit such material
as is necessary to show that the proposed development will comply
with the design requirements listed in Section 28.G.2 below.
2.
The design
requirements of the Erosion and Sediment Control Plan are:
a.
Minimize
total area of disturbance;
b.
Sequence
activities to minimize simultaneous areas of disturbance;
c.
Minimize
peak rate of runoff in accordance with the Massachusetts Storm-water
Policy;
d.
Minimize
soil erosion and control sedimentation during construction, provided
that prevention of erosion is preferred over sedimentation control;
e.
Divert
uncontaminated water around disturbed areas;
f.
Maximize
groundwater recharge;
g.
Install,
and maintain all Erosion and Sediment Control measures in accordance
with the manufacturer’s specifications and good engineering
practices;
h.
Prevent
off-site transport of sediment;
i.
Protect
and manage on and off-site material storage areas (overburden and
stockpiles of dirt, borrow areas, or other areas used solely by the
permitted project are considered a part of the project);
j.
Comply
with applicable Federal, State and local laws and regulations including
waste disposal, sanitary sewer or septic system regulations, and air
quality requirements, including dust control;
k.
Prevent
adverse impact from the proposed activities to habitats mapped by
the Massachusetts Natural Heritage & Endangered Species Program
as Endangered, Threatened or of Special Concern, Estimated Habitats
of Rare Wildlife and Certified Vernal Pools, and Priority Habitats
of Rare Species;
l.
Institute
interim and permanent stabilization measures, which shall be instituted
on a disturbed area as soon as practicable but no more than 14 days
after construction activity has temporarily or permanently ceased
on that portion of the site;
m.
Properly
manage on-site construction and waste materials; and
n.
Prevent
off-site vehicle tracking of sediments.
3.
Erosion
and Sedimentation Control Plan Content.
The Plan shall
contain the following information:
a.
Names,
addresses, and telephone numbers of the owner, applicant, and person(s)
or firm(s) preparing the plan;
b.
Title,
date, north arrow, names of abutters, scale, legend, and locus map;
c.
Location
and description of natural features including:
i.
Watercourses
and water bodies, wetland resource areas and all floodplain information,
including the 100-year flood elevation based upon the most recent
Flood Insurance Rate Map, or as calculated by a professional engineer
for areas not assessed on these maps;
ii.
Existing
vegetation including tree lines, canopy layer, shrub layer and ground
cover, and trees with a caliper twelve (12) inches or larger, noting
specimen trees and forest communities;
iii.
Habitats mapped by the Massachusetts Natural Heritage & Endangered
Species Program as Endangered, Threatened or of Special Concern, Estimated
Habitats of Rare Wildlife and Certified Vernal Pools, and Priority
Habitats of Rare Species within five hundred (500) feet of any construction
activity.
d.
Lines
of existing abutting streets showing drainage and driveway locations
and curb cuts;
e.
Existing
soils, volume and nature of imported soil materials
f.
Topographical
features including existing and proposed contours at intervals no
greater than two (2) feet with spot elevations provided when needed;
g.
Surveyed
property lines showing distances and monument locations, all existing
and proposed easements, rights-of-way, and other encumbrances, the
size of the entire parcel, and the delineation and number of square
feet of the land area to be disturbed;
h.
Drainage
patterns and approximate slopes anticipated after major grading activities
(Construction Phase Grading Plans);
i.
Location
and details of erosion and sediment control measures with a narrative
of the construction sequence/phasing of the project, including both
operation and maintenance for structural and non-structural measures,
interim grading, and material stockpiling areas;
j.
Path and
mechanism to divert uncontaminated water around disturbed areas, to
the maximum extent practicable;
k.
Location
and description of industrial discharges, including stormwater discharges
from dedicated asphalt plants and dedicated concrete plants, which
are covered by this permit;
l.
Storm
water runoff calculations in accordance with the Department of Environmental
Protection’s Storm water Management Policy;
m.
Location
and description of and implementation schedule for temporary and permanent
seeding, vegetative controls, and other stabilization measures;
n.
A description
of construction and waste materials expected to be stored on-site.
The Plan shall include a description of controls to reduce pollutants
from these materials, including storage practices to minimize exposure
of the materials to storm water, and spill prevention and response;
o.
A description
of provisions for phasing the project where one acre of area or greater
is to be altered or disturbed;
p.
Plans
must be stamped and certified by a qualified Professional Engineer
registered in Massachusetts or a Certified Professional in Erosion
and Sediment Control and
q.
Such other
information as is required by the Board.
H.
Inspection
and Site Supervision.
1.
Pre-construction
Meeting.
Prior to starting clearing, excavation, construction,
or land disturbing activity the applicant, the applicant’s technical
representative, the general contractor or any other person with authority
to make changes to the project, shall meet with the Board, to review
the permitted plans and their implementation.
2.
Board Inspection.
The Board or its designated agent shall make inspections as
hereinafter required and shall either approve that portion of the
work completed or shall notify the permittee wherein the work fails
to comply with the land disturbance permit as approved. The Permit
and associated plans for grading, stripping, excavating, and filling
work, bearing the signature of approval of the Board, shall be maintained
at the site during the progress of the work. In order to obtain inspections,
the permittee shall notify the Board at least two (2) working days
before each of the following events:
a.
Erosion
and sediment control measures are in place and stabilized;
b.
Site Clearing
has been substantially completed;
c.
Rough
Grading has been substantially completed;
d.
Final
Grading has been substantially completed;
e.
Close
of the Construction Season; and
f.
Final
Landscaping (permanent stabilization) and project final completion.
3.
Permittee
Inspections.
The permittee or his/her agent shall conduct
and document inspections of all control measures) no less than weekly
or as specified in the permit, and prior to and following anticipated
storm events. The purpose of such inspections will be to determine
the overall effectiveness of the control plan, and the need for maintenance
or additional control measures. The permittee or his/her agent shall
submit monthly reports to the Board or designated agent in a format
approved by the Board.
4.
Access
Permission.
To the extent permitted by state law, or
if authorized by the owner or other party in control of the property,
the Board its agents, officers, and employees may enter upon privately
owned property for the purpose of performing their duties under this
Ordinance and may make or cause to be made such examinations, surveys
or sampling as the Board deems reasonably necessary to determine compliance
with the permit.
I.
Surety.
The Board may require the permittee to post before the start
of land disturbance activity, a surety bond, irrevocable letter of
credit, cash, or other acceptable security. The form of the bond shall
be approved by town counsel and be in an amount deemed sufficient
by the Board to ensure that the work will be completed in accordance
with the permit. If the project is phased, the Board may release part
of the bond as each phase is completed in compliance with the permit
but the bond may not be fully released until the Board has received
the final report as required by Section 10 and issued a certificate of completion.
J.
Final Reports.
Upon completion of the work, the permittee shall submit a report
(including certified as-built construction plans) from a Professional
Engineer (P.E.), surveyor, or Certified Professional in Erosion and
Sediment Control (CPESC), certifying that all erosion and sediment
control devices, and approved changes and modifications, have been
completed in accordance with the conditions of the approved permit.
Any discrepancies should be noted in the cover letter.
K.
Enforcement.
1.
The Board
or an authorized agent of the Board shall enforce this Ordinance,
regulations, orders, violation notices, and enforcement orders, and
may pursue all civil and criminal remedies for such violations.
2.
Orders.
a.
The Board
or an authorized agent of the Board may issue a written order to enforce
the provisions of this Ordinance or the regulations thereunder, which
may include:
i.
A requirement
to cease and desist from the land-disturbing activity until there
is compliance with the bylaw and provisions of the land-disturbance
permit;
ii.
Maintenance,
installation or performance of additional erosion and sediment control
measures;
iii.
Monitoring, analyses, and reporting
iv.
Remediation
of erosion and sedimentation resulting directly or indirectly from
the land-disturbing activity.
b.
If the
enforcing person determines that abatement or remediation of erosion
and sedimentation is required, the order shall set forth a deadline
by which such abatement or remediation must be completed. Said order
shall further advise that, should the violator or property owner fail
to abate or perform remediation within the specified deadline, the
City of Everett may, at its option, undertake such work, and the property
owner shall reimburse the City of Everett’s expenses.
c.
Within thirty (30) days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner shall be notified of the costs incurred by the City of Everett], including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Board within thirty (30) days of receipt of the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to file a protest or within thirty (30) days following a decision of the Board affirming or reducing the costs, or from a final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner’s property for the amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate, as provided in M.G.L. Ch. 59, § 57, after the thirty-first day following the day on which the costs were due.
3.
Criminal
Penalty.
Any person who violates any provision of this
Ordinance, regulation, order or permit issued there under, shall be
punished by a fine of not more than $500.00. Each day or part thereof
that such violation occurs or continues shall constitute a separate
offense.
4.
Non-Criminal
Disposition.
As an alternative to criminal prosecution or civil action, the City of Everett may elect to utilize the non-criminal disposition procedure set forth in G.L. Ch. 40, §21D and Chapter 1-8 of the Revised Ordinances of the City of Everett in which case Building Inspector of the City of Everett shall be the enforcing person.
5.
Appeals.
The decisions or orders of the Board shall be final. Further
relief shall be to a court of competent jurisdiction.
6.
Remedies
Not Exclusive.
The remedies listed in this Ordinance
are not exclusive of any other remedies available under any applicable
federal, state or local law.
L.
Certificate
of Completion.
The issuing authority will issue a letter
certifying completion upon receipt and approval of the final reports
and/or upon otherwise determining that all work of the permit has
been satisfactorily completed in conformance with this bylaw.
M.
Severability.
If any provision, paragraph, sentence, or clause of this Ordinance
shall be held invalid for any reason, all other provisions shall continue
in full force and effect.
(Amended as part of October 2021 update)
A.
Purpose.
1.
Regulation
of discharges to the municipal separate storm sewer system (MS4) is
necessary for the protection of the City of Everett’s water
bodies and groundwater, and to safeguard the public health, safety,
welfare and the environment. Increased and contaminated storm water
runoff associated with developed land uses and the accompanying increase
in impervious surface are major causes of impairment of water quality
and flow in lakes, ponds, streams, rivers, wetlands and groundwater;
a.
Impairment
of water quality and flow in lakes, ponds, streams, rivers, wetlands
and groundwater,
b.
Contamination
of drinking water supplies,
c.
Erosion
of stream channels;
d.
Alteration
or destruction of aquatic and wildlife habitat; and
e.
Flooding.
Therefore, this bylaw establishes storm water management standards
for the final conditions that result from development and redevelopment
projects to minimize adverse impacts off site and downstream which
would be borne by abutters, townspeople and the general public.
2.
The objectives
of this Ordinance are:
a.
To require
practices to control the flow of storm water from new and redeveloped
sites into the [town/city] storm drainage system in order to prevent
flooding and erosion;
b.
To protect
groundwater and surface water from degradation;
c.
To promote
groundwater recharge;
d.
To prevent
pollutants from entering the City of Everett’s municipal separate
storm sewer system (MS4) and to minimize discharge of pollutants from
the MS4;
e.
To ensure
adequate long-term operation and maintenance of structural storm water
best management practices so that they work as designed;
f.
To comply
with state and federal statutes and regulations relating to storm
water discharges; and
g.
To establish
the City of Everett’s legal authority to ensure compliance with
the provisions of this Ordinance through inspection, monitoring, and
enforcement.
B.
ALTERATION OF DRAINAGE CHARACTERISTICS:
BEST MANAGEMENT PRACTICE (BMP):
THE BOARD –
CLEARING:
DEVELOPMENT:
DISTURBANCE OF LAND:
GRADING:
GRUBBING:
IMPERVIOUS SURFACE:
MASSACHUSETTS STORMWATER MANAGEMENT POLICY:
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) or MUNICIPAL STORM
DRAIN SYSTEM:
OPERATION AND MAINTENANCE PLAN:
OUTFALL:
OUTSTANDING RESOURCE WATERS (ORWs):
OWNER:
PERSON:
POINT SOURCE:
REDEVELOPMENT:
RUNOFF:
STORMWATER MANAGEMENT PLAN:
STORMWATER:
TSS:
Definitions.
Any activity on an area of land that changes the water quality,
force, direction, timing or location of runoff flowing from the area.
Such changes include: change from distributed runoff to confined,
discrete discharge, change in the volume of runoff from the area;
change in the peak rate of runoff from the area; and change in the
recharge to groundwater on the area.
An activity, procedure, restraint, or structural improvement
that helps to reduce the quantity or improve the quality of storm
water runoff.
City of Everett’s Planning Board
Any activity that removes the vegetative surface cover.
The modification of land to accommodate a new use or expansion
of use, usually involving construction.
Any action that causes a change in the position, location,
or arrangement of soil, sand rock, gravel of similar earth material.
Changing the level or shape of the ground surface.
The act of clearing land surface by digging up roots and
stumps.
Any material or structure on or above the ground that prevents
water infiltrating the underlying soil. Impervious surface includes
without limitation roads, paved parking lots, sidewalks, and roof
tops.
The Policy issued by the Department of Environmental Protection, and as amended, that coordinates the requirements prescribed by state regulations promulgated under the authority of the Massachusetts Wetlands Protection Act G.L. c. 131 § 40 and Massachusetts Clean Waters Act G.L. c. 21, §. 23-56. The Policy addresses storm water impacts through implementation of performance standards to reduce or prevent pollutants from reaching water bodies and control the quantity of runoff from a site.
The system of conveyances designed or used for collecting
or conveying storm water, including any road with a drainage system,
street, gutter, curb, inlet, piped storm drain, pumping facility,
retention or detention basin, natural or man-made or altered drainage
channel, reservoir, and other drainage structure that together comprise
the storm drainage system owned or operated by the city of Everett.
A plan setting up the functional, financial and organizational
mechanisms for the ongoing operation and maintenance of a storm water
management system to insure that it continues to function as designed.
The point at which storm water flows out from a point source
discernible, confined and discrete conveyance into waters of the Commonwealth.
Waters designated by Massachusetts Department of Environmental
Protection as ORWs. These waters have exceptional sociologic, recreational,
ecological and/or aesthetic values and are subject to more stringent
requirements under both the Massachusetts Water Quality Standards
(314 CMR 4.00) and the Massachusetts Storm water Management Standards.
ORWs include vernal pools certified by the Natural Heritage Program
of the Massachusetts Department of Fisheries and Wildlife and Environmental
Law Enforcement, all Class A designated public water supplies with
their bordering vegetated wetlands, and other waters specifically
designated.
A person with a legal or equitable interest in property.
An individual, partnership, association, firm, company, trust,
corporation, agency, authority, department or political subdivision
of the Commonwealth or the federal government, to the extent permitted
by law, and any officer, employee, or agent of such person.
Any discernible, confined, and discrete conveyance, including
but not limited to, any pipe, ditch, channel, tunnel, conduit, well,
discrete fissure, or container from which pollutants are or may be
discharged.
Development, rehabilitation, expansion, demolition or phased
projects that disturb the ground surface or increase the impervious
area on previously developed sites.
Rainfall, snowmelt, or irrigation water flowing over the
ground surface.
A plan required as part of the application for a Stormwater
Management Permit. See Section 29.G.
Storm water runoff, snow melt runoff, and surface water runoff
and drainage.
Total Suspended Solids.
C.
Authority.
This bylaw is adopted under authority granted by the Home Rule
Amendment of the Massachusetts Constitution, the Home Rule statutes
and pursuant to the regulations of the federal Clean Water Act found
at 40 CFR 122.34.
D.
Applicability.
1.
No person
may, by development or redevelopment activity, alter the drainage
characteristics of one or more acres of land draining to the City
of Everett municipal separate storm sewer system without a permit
from the Board. The regulated projects shall include without limitation:
a.
Land disturbance
associated with construction or reconstruction of structures;
b.
Development
or redevelopment involving multiple separate activities in discontinuous
locations or on different schedules if the activities are part of
a larger common plan of development that all together disturbs one
or more acres.
c.
Paving
or other change in surface material causing a significant reduction
of permeability or increase in runoff;
d.
Construction
of a new drainage system or alteration of an existing drainage system
or conveyance serving a drainage area of one or more acres
e.
Any activity
that will, or may, result in increased rate or volume of storm water
runoff flowing from the property into a public way or the MS4.
2.
Exemptions
a.
Normal
maintenance and improvement of land in agricultural use as defined
by the Wetlands Protection Act regulation 310 CMR 10.04;
b.
Maintenance
of existing landscaping, gardens or lawn areas associated with a single
family dwelling
c.
The construction
of fencing that will not substantially alter existing terrain or drainage
patterns;
d.
Construction
of utilities other than drainage (gas, water, electric, telephone,
etc.) which will not alter terrain or drainage patterns;
e.
As authorized
in the Phase II Small MS4 General Permit for Massachusetts, storm
water discharges resulting from the activities identified in Section 29.D that are wholly subject to jurisdiction under the Wetlands
Protection Act and demonstrate compliance with the Massachusetts Storm
Water Management Policy as reflected in an Order of Conditions issued
by the Conservation Commission are exempt from compliance with this
bylaw.
E.
Administration.
1.
The Board
shall administer, implement and enforce this bylaw. Any powers granted
to or duties imposed upon the Board may be delegated in writing by
the Board to its employees or agents.
2.
Rules and
Regulations.
The Board may adopt, and periodically amend,
rules and regulations relating to the procedures and administration
of this Storm water Management Ordinance, by majority vote of the
Board, after conducting a public hearing to receive comments on any
proposed revisions. Such hearing dates shall be advertised in a newspaper
of general local circulation, at least seven (7) days prior to the
hearing date.
F.
Permits and
Procedure.
1.
Filing
Application.
The site owner or his agent shall file with
the Board hereinafter the Board, three (3) copies of a completed application
package for a Storm water Management Permit (SMP). Permit issuance
is required prior to any site altering activity. While the applicant
can be a representative, the permittee must be the owner of the site.
The SMP Application package shall include:
a.
A completed
Application Form with original signatures of all owners;
b.
A list
of abutters certified by the Assessor’s Office;
c.
Three
(3) copies of the Storm water Management Plan and project description
as specified in Section 29.G.1;
d.
Three
(3) copies of the Operation and Maintenance Plan as required by Section 29.H of this bylaw;
e.
One (1)
copy of the application form, the Storm water Management Plan, the
Operation & Maintenance Plan, and the list of abutters filed with
the Town Clerk; and
f.
Payment
of the application and review fees.
2.
Entry.
Filing an application for a permit grants the Board, or its
agent, permission to enter the site to verify the information in the
application and to inspect for compliance with the resulting permit
3.
Other Boards.
The Board shall notify the Town Clerk of receipt of the application,
and shall give one copy of the application package to Building Official,
Health Department, City Engineer, Conservation Commission and City
Services.
4.
Fee Structure.
The Board shall obtain with each submission an Application Fee
established by the Board to cover expenses connected with the public
hearing and application review of the Storm-water Management Permit
and a technical Review Fee sufficient to cover professional review.
The Board is authorized to retain a Registered Professional Engineer
or other professional consultant to advise the Board on any or all
aspects of these plans. Applicants must pay review fees before the
review process may begin.
5.
Public
Hearing.
The Board shall hold a public hearing within
twenty-one (21) days of the receipt of a complete application and
shall take final action within twenty-one (21) days from the close
of the hearing unless such time is extended by agreement between the
applicant and [insert appropriate board or department]. Notice of
the public hearing shall be given by publication in a local paper
of general circulation, by posting and by first-class mailings to
abutters at least seven (7) days prior to the hearing.
6.
Actions.
The Board’s action, rendered in writing, shall consist
of:
a.
Approval
of the Storm water Management Permit Application based upon determination
that the proposed plan meets the Standards in Section 29.G and will adequately protect the water
resources of the community and is in compliance with the requirements
set forth in this Ordinance;
7.
Failure
of the Board to take final action upon an Application within the time
specified above shall be deemed to be approval of said Application.
Upon certification by the Town Clerk that the allowed time has passed
without Board action, the Board must issue a Storm water Management
Permit.
8.
Plan Changes.
The permittee must notify the Board in writing of any drainage
change or alteration in the system authorized in a Storm water Management
Permit before any change or alteration is made. If the Board determines
that the change or alteration is significant, based on the Storm water
Management Standards in Section 29.G.2 and accepted construction practices, the Board may require that
an amended application be filed and a public hearing held.
9.
Project
Completion.
At completion of the project the permittee
shall submit as-built record drawings of all structural storm water
controls and treatment best management practices required for the
site. The as-built drawing shall show deviations from the approved
plans, if any, and be certified by a Registered Professional Engineer.
G.
Stormwater
Management Plan.
1.
The application
for a storm water management permit shall consist of submittal of
a Storm water Management Plan to the Board. This Storm water Management
Plan shall contain sufficient information for the Board to evaluate
the environmental impact, effectiveness, and acceptability of the
measures proposed by the applicant for reducing adverse impacts from
storm water. The Plan shall be designed to meet the Massachusetts
Storm water Management Standards as set forth in Part B of this section
and DEP Storm water Management Handbook Volumes I and II. The Storm
water Management Plan shall fully describe the project in drawings,
and narrative. It shall include:
a.
A locus
map,
b.
The existing
zoning, and land use at the site,
c.
The proposed
land use,
d.
The location(s)
of existing and proposed easements,
e.
The location
of existing and proposed utilities,
f.
The site’s
existing & proposed topography with contours at 2-foot intervals,
g.
The existing
site hydrology,
h.
A description
and delineation of existing storm water conveyances, impoundments,
and wetlands on or adjacent to the site or into which storm water
flows.
i.
A delineation
of 100-year flood plains, if applicable
j.
Estimated
seasonal high groundwater elevation (November to April) in areas to
be used for storm water retention, detention, or infiltration.
k.
The existing
and proposed vegetation and ground surfaces with runoff coefficient
for each,
l.
A drainage
area map showing pre and post construction watershed boundaries, drainage
area and storm water flow paths,
m.
A description
and drawings of all components of the proposed drainage system including:
i.
locations,
cross sections, and profiles of all brooks, streams, drainage swales
and their method of stabilization,
ii.
all
measures for the detention, retention or infiltration of water,
iii.
all measures for the protection of water quality,
iv.
the
structural details for all components of the proposed drainage systems
and storm water management facilities,
v.
notes
on drawings specifying materials to be used, construction specifications,
and typicals, and
vi.
expected
hydrology with supporting calculations.
n.
Proposed
improvements including location of buildings or other structures,
impervious surfaces, and drainage facilities, if applicable,
o.
Timing,
schedules, and sequence of development including clearing, stripping,
rough grading, construction, final grading, and vegetative stabilization,
p.
A maintenance
schedule for the period of construction, and
q.
Any other
information requested by the Board.
2.
Standards.
Projects shall meet the Standards of the Massachusetts Storm
water Management Policy, which are as follows:
a.
No new
storm water conveyances (e.g. outfalls) may discharge untreated storm
water directly to or cause erosion in wetlands or water of the Commonwealth.
b.
Storm
water management systems must be designed so that post-development
peak discharge rates do not exceed pre-development peak discharge
rates.
c.
Loss of
annual recharge to groundwater should be minimized through the use
of infiltration measures to the maximum extent practicable. The annual
recharge from the post-development site should approximate the annual
recharge rate from the predevelopment or existing site conditions
based on soil types.
d.
For new
development, storm water management systems must be designed to remove
80% of the average annual load (post development conditions) of Total
Suspended Solids (TSS). It is presumed that this standard is met when:
e.
Storm
water discharges from areas with higher potential pollutant loads
require the use of specific storm water management BMPs (see Storm
water Management Volume I: Storm water Policy Handbook). The use of
infiltration practices without pretreatment is prohibited.
f.
Storm
water discharges to critical areas must utilize certain storm water
management BMPs approved for critical areas (see Storm water Management
Volume I: Storm water Policy Handbook). Critical areas are Outstanding
Resource Waters (ORWs), shellfish beds, swimming beaches, cold water
fisheries and recharge areas for public water supplies.
g.
Redevelopment
of previously developed sites must meet the Storm water Management
Standards to the maximum extent practicable. However, if it is not
practicable to meet all The Standards, new (retrofitted or expanded)
storm water management systems must be designed to improve existing
conditions.
h.
Erosion
and sediment controls must be implemented to prevent impacts during
disturbance and construction activities.
i.
All storm
water management systems must have an operation and maintenance plan
to ensure that systems function as designed.
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When one or more of the Standards cannot be met, an applicant
may demonstrate that an equivalent level of environmental protection
will be provided.
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3.
Project
Changes.
The permittee, or their agent, shall notify
the Board in writing of any change or alteration of a land-disturbing
activity authorized in a Storm water Management Permit before any
change or alteration occurs. If the Board determines that the change
or alteration is significant, based on the design requirements listed
in Section _____ and accepted construction practices, the Board may
require that an amended Storm water Management Permit application
be filed and a public hearing held. If any change or deviation from
the Storm water Management Permit occurs during a project, the Board
may require the installation of interim measures before approving
the change.
H.
Operation
and Maintenance Plans.
An Operation and Maintenance plan
(O&M Plan) is required at the time of application for all projects.
The maintenance plan shall be designed to ensure compliance with the
Permit, this Bylaw and that the Massachusetts Surface Water Quality
Standards, 314, CMR 4.00 are met in all seasons and throughout the
life of the system. The Board shall make the final decision of what
maintenance option is appropriate in a given situation. The Board
will consider natural features, proximity of site to water bodies
and wetlands, extent of impervious surfaces, size of the site, the
types of storm water management structures, and potential need for
ongoing maintenance activities when making this decision. The Operation
and Maintenance Plan shall remain on file with the Board and shall
be an ongoing requirement. The O&M Plan shall include:
1.
The name(s)
of the owner(s) for all components of the system
2.
Maintenance
agreements that specify:
a.
The names
and addresses of the person(s) responsible for operation and maintenance
b.
The person(s)
responsible for financing maintenance and emergency repairs.
c.
A Maintenance
Schedule for all drainage structures, including swales and ponds.
d.
A list
of easements with the purpose and location of each.
e.
The signature(s)
of the owner(s).
3.
Storm Water
Management Easement(s).
a.
Storm
water management easements shall be provided by the property owner(s)
as necessary for:
b.
The purpose
of each easement shall be specified in the maintenance agreement signed
by the property owner.
c.
Storm
water management easements are required for all areas used for off-site
storm water control, unless a waiver is granted by the Board.
d.
Easements
shall be recorded with the Middlesex Registry of Deeds prior to issuance
of a Certificate of Completion by the [Board].
4.
Changes
to Operation and Maintenance Plans.
a.
The owner(s)
of the storm water management system must notify the Board of changes
in ownership or assignment of financial responsibility.
b.
The maintenance
schedule in the Maintenance Agreement may be amended to achieve the
purposes of this Ordinance by mutual agreement of the Board and the
Responsible Parties. Amendments must be in writing and signed by all
Responsible Parties.
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Responsible Parties shall include owner(s), persons with financial
responsibility, and persons with operational responsibility.
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I.
Surety.
The Board may require the permittee to post before the start
of land disturbance or construction activity, a surety bond, irrevocable
letter of credit, cash, or other acceptable security. The form of
the bond shall be approved by town counsel and be in an amount deemed
sufficient by the Board to ensure that the work will be completed
in accordance with the permit. If the project is phased, the Board
may release part of the bond as each phase is completed in compliance
with the permit but the bond may not be fully released until the Board
has received the final inspection report as required by Section 29.J and issued a Certificate of Completion.
J.
Inspections.
The Board shall inspect the project site at the following stages:
1.
Initial
Site Inspection: prior to approval of any plan.
2.
Erosion
Control Inspection: to ensure erosion control practices are in accord.
with the filed plan.
3.
Bury Inspection:
prior to backfilling of any underground drainage or storm water conveyance
structures.
4.
Final Inspection.
After the storm water management system has been constructed
and before the surety has been released, the applicant must submit
a record plan detailing the actual storm water management system as
installed. The Board shall inspect the system to confirm its "as-built"
features. This inspector shall also evaluate the effectiveness of
the system in an actual storm. If the inspector finds the system to
be adequate, he shall so report to the Board which will issue a Certificate
of Completion.
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If the system is found to be inadequate by virtue of physical
evidence of operational failure, even though it was built as called
for in the Storm water Management Plan, it shall be corrected by the
permittee before the performance guarantee is released. If the permittee
fails to act the City of Everett may use the surety bond to complete
the work. Examples of inadequacy shall be limited to errors in the
infiltrative capability, errors in the maximum groundwater elevation,
failure to properly define or construct flow paths, or erosive discharges
from basins.
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K.
Waivers.
1.
The Board
may waive strict compliance with any requirement of this Ordinance
or the rules and regulations promulgated hereunder, where:
2.
Any applicant
may submit a written request to be granted such a waiver. Such a request
shall be accompanied by an explanation or documentation supporting
the waiver request and demonstrating that strict application of the
Ordinance does not further the purposes or objectives of this bylaw.
3.
All waiver
requests shall be discussed and voted on at the public hearing for
the project.
4.
If in the
City of Everett’s opinion, additional time or information is
required for review of a waiver request, the Board may continue a
hearing to a date certain announced at the meeting. In the event the
applicant objects to a continuance, or fails to provide requested
information, the waiver request shall be denied.
L.
Certificate
of Completion.
The Board will issue a letter certifying
completion upon receipt and approval of the final inspection reports
and/or upon otherwise determining that all work of the permit has
been satisfactorily completed in conformance with this bylaw.
M.
Enforcement.
1.
The Board
or an authorized agent of the Board shall enforce this Ordinance,
regulations, orders, violation notices, and enforcement orders, and
may pursue all civil and criminal remedies for such violations.
2.
Orders.
a.
The Board
or an authorized agent of the Board may issue a written order to enforce
the provisions of this Ordinance or the regulations there-under, which
may include requirements to:
i.
cease
and desist from construction or land disturbing activity until there
is compliance with the Ordinance and the storm water management permit;
ii.
repair,
maintain; or replace the storm water management system or portions
thereof in accordance with the operation and maintenance plan.
iii.
perform monitoring, analyses, and reporting;
iv.
remediate
adverse impact resulting directly or indirectly from malfunction of
the storm water management system.
b.
If the
enforcing person determines that abatement or remediation of adverse
impacts is required, the order shall set forth a deadline by which
such abatement or remediation must be completed. Said order shall
further advise that, should the violator or property owner fail to
abate or perform remediation within the specified deadline, the City
of Not Exclusive Th its option, undertake such work, and the property
owner shall reimburse the City of Everett’s expenses.
c.
Within thirty (30) days after completing all measures necessary to abate the violation or to perform remediation, the violator and the property owner shall be notified of the costs incurred by the City of Everett, including administrative costs. The violator or property owner may file a written protest objecting to the amount or basis of costs with the Board within thirty (30) days of receipt of the notification of the costs incurred. If the amount due is not received by the expiration of the time in which to file a protest or within thirty (30) days following a decision of the Board affirming or reducing the costs, or from a Final decision of a court of competent jurisdiction, the costs shall become a special assessment against the property owner and shall constitute a lien on the owner’s property for the amount of said costs. Interest shall begin to accrue on any unpaid costs at the statutory rate provided in G.L. Ch. 59, § 57, after the thirty-first day at which the costs first become due.
3.
Criminal
Penalty.
Any person who violates any provision of this
Ordinance, or regulation, order or permit issued there-under, shall
be punished by a fine of not more than $ 500. Each day or part thereof
that such violation occurs or continues shall constitute a separate
offense.
4.
Non-Criminal
Disposition.
As an alternative to criminal prosecution or civil action, the City of Everett may elect to utilize the non-criminal disposition procedure set forth in G.L. Ch. 40, §21D and Chapter 1-8 of the Revised Ordinances of the City of Everett
5.
Remedies
Not Exclusive.
The remedies listed in this Ordinance
are not exclusive of any other remedies available under any applicable
federal, state or local law.
N.
Severability.
If any provision, paragraph, sentence, or clause of this Ordinance
shall be held invalid for any reason, all other provisions shall continue
in full force and effect.
(Amended as part of October 2021 update)
To The Board:
The undersigned wishes to submit a Storm water Management Permit
Application as defined in the Zonings Ordinances of the City of Everett
Section and requests a review and determination by the Board of the
Storm water Management Plan.
The Storm water Management Plan involves property where owner’s
title to the land is derived under deed from, dated, and recorded
in the [Insert] County Registry of Deeds, Book, Page, or Land Court
Certificate of Title No., Registered in District, Book, Page.
Give a brief summary of the nature of the project.
The property (building) is described as being located at; it
is currently used as, and the changes proposed to be made are.
The project is located on the parcel shown on Assessors Map,
Parcel.
Applicant’s Signature Owners’ Signature(s)
Applicant’s Name (print) Owners’ Names(s)
Applicant’s Address Owners’ Address
Date Received by Town Clerk:
Signature
Please note: 1) An applicant for a Storm water Management Plan
Review must file with the Board a completed Storm water Management
Permit Application Form, a list of abutters, three (3) copies of the
Storm water Management Plan Package, three (3) copies of the Operation
and Maintenance Plan, and the Application and Review Fees as noted
in the Storm water Management Plan Review Fee Schedule. 2) The applicant
shall also file a copy of the Storm water Management Plan, Operation
& Maintenance Plan, and the Application Form with the Town Clerk.
The date of receipt by the Town Clerk shall be the official filing
date. 3) This application grants the Board and its agents permission
to enter the property for inspection and verification of information
submitted in the application.
Storm water Management Plan Review Fee Schedule
The following fee schedules are minimum fees. The Board may
require higher fees if deemed necessary for proper review of an application
or to ensure compliance.
Lot Area Professional Review Fee Application Fee
1 and 2 family dwelling $ cost of consultant $ 50
Less Than 3 Acres $ cost of consultant $ 500
3 to 10 Acres $ cost of consultant $ 1000
Greater than 10 Acres $ cost of consultant $ 2000
Re-submittal/Amendment
Filing Fee $50
GENERAL
1. Any application not accompanied by the appropriate fee shall
be deemed incomplete. Payment must be made to the Board in cash, money
order, bank or certified check payable to the City of Everett.
2. An Applicant’s failure to pay any additional review
or inspection fee within five business days of receipt of the notice
that further fees are required shall be grounds for disapproval.
3. The Board will publish the public notice and send abutter
notifications. Abutter notification shall be by certified mail-return
receipt requested. The applicant shall pay all costs associated with
the publication and notification requirements. These costs shall not
be imposed on the applicant if the applicant completes the public
notice and abutter notification requirements, and provides the Board
with copies of the public notices and the return receipt cards.
Professional review fees include engineering review, legal review,
and clerical fees associated with the public hearing and permit processing.
A fee estimate may be provided by the Board’s consulting engineer.
(C0297-18)
A.
General Provisions.
1.
Purposes.
The purposes of this Lower Broadway Economic Development District
(“this Ordinance”) are:
a.
To establish
zoning regulations in accordance with the land use policy objectives
in the Lower Broadway Master Plan.
b.
To encourage
economic development, job creation and to strengthen the tax base
in the City of Everett.
c.
To encourage
high-quality and high-density mixed-use development that takes advantage
of the Mystic River access and views of the Boston skyline.
d.
To designate
Priority Development Sites (PDS) to encourage redevelopment by providing
expedited permitting processes pursuant to G.L. c. 43D.
e.
In Mixed-Use
Districts, to encourage neighborhood scale mixed-use development compatible
with the residential and retail/commercial scale of Lower Broadway.
f.
In Employment
District, to encourage a diverse range of employment-generating land
uses ranging from small scale automotive repair/maintenance to large
scale light industrial/flex-tech/R&D, and to provide a transition
between the industrial uses to the southeast and the commercial and
residential uses along the Broadway corridor.
g.
In Commercial
Districts, to encourage neighborhood-oriented commercial/retail development
to service a local and regional market, and to provide services to
the residents and employees in Lower Broadway.
h.
In Residential
(Multi-Family) Districts, to encourage a broad range of medium density
residential development that provides housing options and choices
for current and future residents of Everett.
i.
In Residential
(Detached) Districts, to encourage the development of 1-3-family dwelling
units at an urban neighborhood density as found throughout the City
of Everett, including high quality streets and a walkable residential
neighborhood.
2.
Applicability.
a.
In accordance
with these purposes, and for the purposes set forth in G.L. c. 40A
and all acts in amendment thereof and in addition thereto, and under
the authority thereof and any other enabling laws, the construction,
alteration, repair, enlargement, movement, height, area, location,
and use of buildings and structures and the use of land within the
Lower Broadway Economic Development District as shown on the Zoning
Map of the City of Everett are hereby regulated as herein provided.
For parcels of land that are partly within the City of Everett and
partly within an abutting municipality, this Ordinance shall govern
the portion within the City of Everett.
b.
Pursuant
to G.L. c.40A, §6, the provisions of this Ordinance shall not
apply to any existing buildings or structures, nor to the existing
use of any building, structure or premises as long as they remain
unchanged.
c.
The City
of Everett shall be exempt from the provisions of this Ordinance in
the exercise of its municipal functions.
3.
Amendments.
All amendments to this Ordinance shall be made as provided in
M.G.L. c.40A, §5.
4.
Relationship
to Other Ordinances.
Development Projects proceeding
under this Ordinance shall be governed solely by the provisions of
this Section 30 and shall be deemed
exempt from other standards and/or procedures of the Zoning Ordinance
except as specified herein, and with the exception of the following
sections, each as may be amended from time to time:
B.
Definitions.
Definitions of words and terms in this Ordinance are contained
in Appendix C.
C.
Establishment
of District and Subdistrict Boundaries.
1.
Lower Broadway
Economic Development District.
In addition to the Districts
established by Section 1 of the Zoning Ordinance, this Ordinance establishes
a new Lower Broadway Economic Development District (LBEDD). The boundaries
of the LBEDD are hereby established as indicated on a map entitled
“the Zoning Map” of the City of Everett, Massachusetts,
dated February 1926, as amended, which accompanies and is hereby declared
to be a part of the Zoning Ordinance.
2.
LBEDD Sub-districts.
The LBEDD is divided into six (6) zoning Sub-districts, designated
as follows, and as shown on the Zoning Map:
3.
Resort
Casino Overlay District.
In addition to the Districts
established by Section 1 of the Zoning Ordinance, this Ordinance establishes
a new Resort Casino Overlay District (RCOD). The boundaries of the
RCOD are hereby established as indicated on the Zoning Map, as amended.
4.
Location
of Boundaries.
These District and Sub-district boundary
lines are intended to follow lot lines as they existed on the effective
date of this Ordinance, but where any such boundary line obviously
does not follow such lot lines, it shall be deemed to be parallel
to the nearest street at a distance estimated by the Applicant based
on the Zoning Map and determined by the Building Commissioner, unless
otherwise dimensioned on the Zoning Map. Where the District or Sub-district
boundary is a street, the boundary line shall be the centerline of
the street.
5.
Interpretation
of Boundaries.
Whenever any dispute arises on District
or Sub-district boundaries as to the exact location of a District
or Sub-district boundary line, the location of such line shall be
determined by the Building Commissioner, subject to appeal to the
Zoning Board of Appeals in accordance with G.L. c. 40A, §§8
and 15.
D.
Resort Casino
Overlay District (RCOD).
1.
Purposes.
The purposes of this District are:
a.
To provide
for redevelopment of long-vacant property abutting the Mystic River
by establishing standards for development of a Gaming Establishment.
b.
To encourage
high-quality and high density mixed-use development that takes advantage
of the Mystic River access and views of the Boston skyline.
c.
To encourage
economic development and job creation, and to conserve the value of
land and buildings, in the City of Everett.
2.
Applicability.
a.
The RCOD
shall be deemed to overlay the land as shown on the Zoning Map of
the City of Everett, as amended. Within the RCOD, a landowner may
elect to develop or apply for permits pursuant to the zoning controls
set forth in this Section 30.D or
to comply with all applicable zoning controls set forth in the Underlying
Zoning.
b.
Uses and
dimensional controls allowable only by special permit pursuant to
the Underlying Zoning shall be permitted by Site Plan Review if included
in a Gaming Establishment.
4.
Procedures
for Issuance of a Building Permit.
Buildings and uses
allowed herein require Site Plan Approval in accordance with the procedures
defined in the Lower Broadway Economic Development District Ordinance.
5.
Performance
Standards.
In addition to the required findings for Site
Plan Approval pursuant to the Lower Broadway Economic Development
District Ordinance, Site Plan Approval in the RCOD shall require the
following findings by the Approving Authority:
a.
Overall
site development shall provide for public access to the waterway to
the extent permitted pursuant to G.L. c.91A.
b.
Overall
site development shall include at least one structure greater than
two hundred and fifty (250) feet in height designed to enhance the
Everett skyline when viewed from Boston and the Mystic River.
c.
Non-gaming
amenities such as hotel, retail, dining, entertainment, spa/gym, and
meeting facilities and other service functions shall make up over
75% of the total development gross square footage.
d.
To the
maximum extent practicable, multiple publicly accessible uses on the
site shall include both indoor and outdoor options for pedestrian
access between and among them.
e.
At least
90% of on-site parking to serve the RCOD Development, including employee
parking, shall be provided in parking structures, which may include
sub-surface parking structures.
f.
Site development
shall incorporate accessible, landscaped outdoor public open spaces
with seating, pedestrian level lighting and pedestrian amenities to
facilitate public viewing of the Mystic River and access to water-based
transportation.
6.
Waivers.
The Approving Authority may approve a proposed Development Project
that deviates From the standards set forth in this Section30.D, or in the Design Standards, upon a
finding that such waiver(s) will not adversely affect public safety,
and will equally or better serve the purposes of the RCOD.
E.
Use Regulations.
1.
Allowable
Use Designations.
Uses allowed in any LBEDD Sub-district
and within the RCOD are specified in the Table of Use Regulations,
included as Appendix A to this Ordinance, based on the following notations:
a.
Uses Permitted
By-Right.
i.
“Y”
indicates that a use is allowed By-Right in the district. Note that
some uses may also require a Site Plan Approval or an Administrative
Site Plan Approval, as prescribed in this Ordinance.
ii.
Site
Plan Approval is required for a use where the letter “R”
appears and is not required where the letters “NR” appear.
b.
Special
Permit Uses.
“SP” indicates that a use is
allowed only if approved by the Special Permit Granting Authority
(“SPGA”), in accordance with the special permit review
procedures prescribed in this Ordinance.
c.
Uses
Not Permitted.
“-” indicates that a use is
not allowed in the district.
d.
Determination
of Use Category.
For specific uses which are not listed
but are clearly within a category listed in the Table of Use Regulations,
the Building Commissioner shall determine whether the proposed use
is permitted, and if so, into which category it will be classified.
The Building Commissioner shall note the applicable use classification
in the issuance of a building permit in the LBEDD.
2.
Notes to
Table of Use Regulations.
a.
Special
Permit Required based on scale of proposed Development Project.
Notwithstanding the Allowable Use Designations in the Table
of Use Regulations, a Development Project that includes one or more
Commercial or Industrial Uses shall require a special permit if it
includes greater than 20,000 GSF of development, is greater than thirty-five
feet (35’) in height, or is located on a lot that directly abuts
a lot that includes a building in residential use.
b.
Allowance
for Multi-Family in Commercial and Employment Sub-Districts.
Multi-Family Residential Use may be permitted by special permit
in the LB-C and LB-E Sub-districts provided it is located within a
Mixed-Use Development Project, and provided that the first level of
any such Development Project is, with the exception of access to such
Multi-Family Use, comprised entirely of one or more non-residential
use(s).
c.
Projects
in More than one Zoning District.
Notwithstanding the
Allowable Use Designations in the Table of Use Regulations, a Development
Project that includes land in both the LB-C and the LB-E Sub-districts
may be allowed by special permit to include one or more uses permitted
in the LB-C Sub-district on land located within the LB-E Sub-district,
subject to applicable Design Standards.
3.
Accessory
Uses.
a.
Allowed
Uses.
Accessory Uses are permitted in the LBEDD as specified
in the Table of Use Regulations, included as Appendix A to this Ordinance.
b.
Special
Dimensional Restrictions on Accessory Uses.
i.
The
total area of uses accessory to the principal use is limited to twenty-five
(25) percent of the floor area of the Principal Use(s) to which it
is accessory, and the total area of uses or buildings accessory to
the principal use except that parking facilities and driveways may
not occupy more than fifteen (15) percent of the entire area of the
lot.
ii.
In
the LB-RD and LB-RMF Sub-districts, an accessory building shall not
be located within ten (10) feet of a principal building or within
five (5) feet of any side or rear lot line, or within the front yard
setback of the zoning Sub-district in which it is located.
iii.
In a Commercial, Mixed-Use, or Employment Sub-district, off-site
parking may be allowed by special permit, as an accessory use, provided
that: it is located within 1,320 feet of the principal building on
a separate lot; and, no charge is made for any such surface (as opposed
to structured) parking area; and no automotive sales or service operations
are performed in any such parking area; and provided the Applicant
provides improvements to the benefit of pedestrians to the corridor
between the parking area and the premises to which they are appurtenant.
Said improvements may include but are not necessarily limited to sidewalks,
benches, lighting, bicycle racks and street trees, the adequacy of
said improvements to be determined by the Approving Authority based
an evaluation of the benefit of the proposed improvements proportionate
to the amount of pedestrian activity projected to be generated between
the accessory off-site parking and the use(s) proposed to be served
by the parking.
4.
Mixed-Use
Development.
a.
Mixed
Use Development is permitted subject to approval of the Approving
Authority. In Mixed-Use Development, multiple permitted uses within
a single building are permitted, provided that all applicable health
and safety regulations and all requirements of this Ordinance are
followed.
b.
In Mixed-Use
Development, more than one principal use may be permitted on a Lot
and permitting shall follow the Table of Use Regulations. For example,
if one use is allowed by right and another is by special permit, then
a special permit must be obtained for that use prior to its establishment.
If both uses are permitted By-Right in the Table of Use Regulations,
then no special permit is required. Where a special permit is required,
the SPGA shall make a specific finding that there exists or will exist
as a result of the proposed Mixed-Use Development, adequate parking
to serve the proposes uses, and that any and all uses proposed in
Mixed-Use Development are compatible with one another.
F.
Dimensional
Regulations.
1.
Table of
Dimensional Standards.
|
Table of Dimensional Standards.
| |||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|
|
|
Minimum Lot Dimensions
|
FAR Range
|
Res. Density
|
Setbacks (1)
|
| |||||||
|
|
|
Area (SF unless noted)
|
Frontage
(Feet)
|
|
|
Min. Lot Area per Dwelling Unit
|
Front (2)
|
Side
|
Rear
|
Min. Open Space
| |||
|
Zoning Sub-Districts
|
|
As of Right
|
Special Permit
|
|
As of Right
|
Special Permit
|
As of Right
|
Special Permit
|
Min.
|
Max.
|
Min. Setbacks
|
| |
|
Resort Casino Overlay District
|
Gaming Establishment
|
20 ac.
|
-
|
-
|
n/a
|
n/a
|
n/a
|
n/a
|
-
|
-
|
-
|
-
|
30%
|
|
Waterfront Mixed Use
|
|
10,000
|
5,000
|
40
|
1.5
|
5.0
|
-
|
360
|
0
|
12
|
-
|
-
|
15%
|
|
Mixed-Use
|
|
5,000
|
2,000
|
40
|
2.0
|
4.0
|
-
|
360
|
0
|
12
|
-
|
-
|
15%
|
|
Employment
|
|
5,000
|
2,000
|
40
|
1.0
|
4.0
|
-
|
2,000
|
10
|
-
|
10
|
20
|
5%
|
|
Commercial
|
|
5,000
|
2,000
|
40
|
1.0
|
4.0
|
-
|
1,450
|
0
|
12
|
-
|
20
|
5%
|
|
Residential (MF)
|
Buildings with up to 24 units
|
10,000
|
4,000
|
40
|
1.0
|
3.0
|
-
|
900
|
0
|
12
|
-
|
-
|
15%
|
|
Buildings with 25 to 200 units
|
26,572
|
26,572
|
80
|
1.5
|
3.0
|
-
|
435
|
0
|
12
|
-
|
-
|
20%
| |
|
Residential (Detached)
|
SF Dwelling
|
3,500
|
2,000
|
40
|
1.0
|
1.0
|
3,500
|
2,000
|
0
|
12
|
4 (3)
|
25
|
35%
|
|
2-unit Building
|
5,000
|
2,500
|
40
|
0.8
|
1.2
|
2,500
|
1,250
|
0
|
12
|
4 (3)
|
25
|
35%
| |
|
3-unit Building
|
7,500
|
3,600
|
60
|
1.0
|
1.5
|
2,500
|
1,200
|
0
|
12
|
0
|
25
|
25%
| |
2.
Notes to
Table of Dimensional Standards.
a.
Setbacks
on Broadway.
Required minimum front setbacks for buildings
on lots with frontage on the western side of Broadway shall be of
a width adequate to provide for sidewalks along the lot frontage of
a minimum width of twelve (12) feet, measured from the inside curb
edge of Broadway, in accordance with the Lower Broadway Master Plan.
Such sidewalks shall incorporate street trees with planting grates,
hardscape elements such as alternate paving materials, benches, trash
receptacles and way-finding signage. The compliance of a proposed
Development Project with this section is not intended to reduce the
allowable development size (measured in GSF or housing unit count)
from what would otherwise be allowable on the Lot, and the Applicant
may request waivers from dimensional standards in this Ordinance upon
demonstration that the changes are insubstantial, and that the combination
of elements provided comply with the intent and purpose of this subsection.
b.
Projections.
i.
Projecting
eaves, chimneys, bay windows, balconies, open fire escapes and like
projections which do not project more than three and one-half (3 ½)
feet, and which are part of a building not more than thirty-five (35)
feet in height, may extend beyond the minimum side and rear yard regulations;
provided however, that the yard areas over which these project may
not be included in the minimum yard area and open space requirements.
ii.
Projecting
eaves, bay windows, balconies, and like projections may extend beyond
the minimum front yard regulations; provided however, that the total
width of projecting features may not exceed the lesser of thirty percent
(30%) of the total width of the lot or fifty percent (50%) of the
width of the building, and the yard areas over which these project
are excluded in the calculation of the minimum yard area and open
space requirements.
c.
Restriction
on Lot division.
No lot shall hereafter be divided so
as to reduce the area of any yard, court or open space to less than
is required by a Site Plan Approval for a constructed Development
Project on the lot involved.
d.
Single-Family
and Two-Family Side Yard Setbacks.
The side yard setbacks
for Single-family Detached and for Two-family Dwellings must, when
combined be at least twelve (12) feet. This may be satisfied by a
12-foot setback on one side (and a zero-foot setback on the opposite
side). Alternatively, the setback may be divided between the two sides,
provided that a shared driveway is legally available to be adequately
constructed for the use of both residences, or there is another means
of adequate direct vehicular access to the rear of the lot.
3.
Building
Height.
a.
Table
of Height Allowances.
|
Table of Height Allowances
| ||||
|---|---|---|---|---|
|
Zoning Sub-Districts
|
Use
|
Min. Height
(Stories)
|
Max Height
(Feet)
| |
|
By-Right
|
Special Permit
| |||
|
Resort Casino Overlay
|
-
|
400
|
n/a
| |
|
Waterfront Mixed-Use
|
3
|
150
|
280
| |
|
Mixed-Use
|
2
|
45
|
85
| |
|
Employment
|
1
|
45
|
65 (1)
| |
|
Commercial
|
2
|
35
|
85 (1)
| |
|
Residential (MF)
|
Up to 24 Units
|
2
|
35
|
45
|
|
25 to 200 Units
|
3
|
-
|
65
| |
|
Residential (Detached)
|
SF Dwelling
|
2
|
35
|
-
|
|
2-Unit Dwelling
|
2
|
35
|
45
| |
|
3-Unit Dwelling
|
2
|
35
|
45
| |
|
(1) As detailed in this sub-section, maximum allowable building
heights is some locations May be increased above these limits by special
permit.
|
b.
Notes
to Table of Height Regulations.
i.
For
any structure proposed for renovation or rehabilitation that was erected
prior to the effective date of this Ordinance, the maximum allowable
height shall be the greater of the maximum allowable height permitted
by the Table of Height and Bulk Regulations, or the height of such
structure as of the effective date of this Ordinance.
ii.
Accessory
or appurtenant structures or elements necessary to the operation of
a structure (for example, elevator or stairway enclosures and associated
visual screening) may exceed the maximum height limit defined herein
by up to fifteen (15) feet provided that they occupy in the aggregate
less than twenty (20) percent of the area of the roof on which they
are located.
4.
Increased
Height Allowances by Special Permit.
In order to promote
overall development patterns within the LBEDD that result in a visually
interesting urban environment within a cohesive overall design effect,
the SPGA may by special permit authorize increased allowable building
heights in specific locations as follows:
a.
Buildings
in the block bounded by Broadway, Dexter Street, Robin Street and
et may be increased to a maximum of one-hundred and twenty-five (125)
feet.
b.
Buildings
in the block bounded by Broadway, Mystic Street, Robin Street and
Lynde Street may be increased to a maximum of one-hundred and five
(105) feet.
c.
Buildings
in the block bounded by Bow Street, Lynde Street, Robin Street and
Thorndike Street may be increased to a maximum of eighty-five (85)
feet.
d.
Buildings
in the block bounded by Bow Street, Thorndike Street, Robin Street
and Courtland Street may be increased to a maximum of sixty-five (65)
feet.
e.
Buildings
in the block bounded by Bow Street, Courtland Street, Robin Street
and Beacham Street may be increased to a maximum of sixty-five (65)
feet.
|
In its consideration of a request for a special permit pursuant
to this subsection, the SPGA may require additional information from
the Applicant as it deems necessary to evaluate the impacts of the
proposal on existing structures and properties relative to views,
shadows, lighting and/or wind.
|
5.
Contiguous
Lots.
In the LBEDD, where two or more lots are contiguous
or are separated only by a street, such lots may be considered by
the Approving Authority as one lot for the purpose of calculating
maximum FAR, lot coverage, parking requirements, minimum on-site open
space, and dwelling units per acre provided that the Approving Authority
determines that adequate provision for safe pedestrian crossing of
the Street exists to serve the residents, employees and/or patrons
of the Development Project, or will be provided by the Applicant as
part of the Development Project.
6.
Number
of Buildings on a Lot.
In the LBEDD, more than one principal
structure may be erected on a lot upon a determination by the Approving
Authority that the entire lot and all structures are planned and designed
as a unified complex and appropriate provisions are made for parking,
access, drainage and utilities.
G.
Parking and
Loading Standards.
1.
Table of
Parking Requirements.
|
Table of Parking Requirements
| |
|---|---|
|
Use
|
Minimum Required Parking
|
|
Auto Sale and display
|
1 per each 7 autos licensed for sale
|
|
Bar, Cocktail Lounge, Pub Tavern
|
1 space for each 4 seats
|
|
Churches, Synagogues and other Places of Assembly used as Places
of Worship
|
1 space for each 50 square feet of assembly area
|
|
Dwelling, Multifamily
|
1 space per 1-bedroom unit; 2 spaces for 2-bedroom or larger
unit
|
|
Dwelling, three or fewer units
|
2 spaces per unit
|
|
Elderly and Handicap Housing
|
0.5 spaces per unit
|
|
Gaming Establishment
|
2 spaces per 1,000 GSF of total development area, including
any and all on-site employee parking
|
|
Gasoline Station or Service Station
|
1 per 100 GSF
|
|
Hotel
|
0.8 Spaces per hotel room
|
|
Industrial
|
1 space per usable SF
|
|
Medical or Dental Office
|
1 space per 250 GSF
|
|
Motel
|
1 space per motel room
|
|
Office Use
|
1 space per 350 GSF
|
|
Places of Assembly, including Schools, Auditoriums, Museums,
Theaters and Cinemas
|
1 space for each room plus 1 space for each 3 persons designated
for the largest single room occupancy
|
|
Fast Order Food Establishment, with Drive-in
|
1 space per 50 SF of dining area
|
|
Restaurants
|
1 space per 300 SF of dining area
|
|
Retail Use
|
1 space per 300 GSF
|
|
Warehouse
|
1 space per 3,000 GSF
|
|
All other uses
|
To be determined by the Approving Authority based on a similar
use in this table, taking into account data as may be submitted by
the Applicant
|
2.
Notes to
Table of Parking Requirements.
a.
The Approving
Authority shall be the Building Commissioner for Projects requiring
only a building permit, a business certificate and/or Administrative
Site Plan Approval, and the Planning Board for Development Projects
requiring Site Plan Approval.
b.
If a change
of use from one use to another use is proposed and the new use requires
a greater number of parking spaces than the existing use, review by
the Building Commissioner is required. Depending on the permitting
requirements applicable to the proposed use, review by the Approving
Authority may also be required.
c.
When the
application of the required parking standards in the Table of Parking
Requirements results in a number that includes a fraction, the fraction
shall be rounded up to the next whole number if the fraction is 0.5
or more. If the result includes a fraction below 0.5, the fraction
shall be rounded down to the next whole number.
d.
Parking
spaces shall be at least nine feet wide and at least eighteen feet
long. At the Applicant’s option, up to fifteen percent of required
parking spaces may be compact parking spaces, which shall be at least
eight feet wide and at least eighteen feet long.
e.
Commercial
establishments of less than 3,000 square feet gross floor area may
count municipal on-and off-street parking spaces within 1,000 feet
of such establishment to meet this requirement. Commercial establishments
of 3,000 square feet gross floor area or greater may use municipal
off-street parking spaces within 1,000 feet of such establishment
to account for 1/3 of this requirement.
3.
Location
of Required Parking.
a.
Newly
constructed surface parking for new Development Projects shall be
located exclusively at the side or rear of a new building relative
to any Street right-of-way. Parking for new construction is not permitted
to be located within the required front yard setbacks.
b.
Parking
areas shall not be used for automobile sales, gasoline sales, dead
storage, repair work, dismantling or servicing of any kind, and any
lighting that is provided shall be installed in a manner that will
prevent direct light from shining onto any street or adjacent property.
c.
Parking
shall be provided on the same lot as the Development Project served
by the parking except where the Approving Authority authorizes the
provision of dedicated off-site parking spaces pursuant to Section 30.E.3 of this Ordinance.
d.
No garage
shall be provided nearer to the front street line than the prescribed
minimum setback distance of the zoning district in which the lot is
located. Garages for automobiles in the LB-RD Districts shall have
a front setback at least six (6) feet greater than the building’s
front setback.
e.
Any open
parking facility for more than three (3) automobiles shall be screened
from abutting residence, church or public property in a manner which
will provide an effective visual screen, either by a vegetated strip
of at least five (5) feet in width containing plantings not less than
three (3) feet in width and at least six (6) feet in height, or a
solid fence or wall six (6) feet high, or a combination of fencing
and plantings. At least fifty (50) percent of any such plantings shall
be evergreen.
f.
Three-Family
buildings may include garage parking at grade, provided access to
the parking space(s) is provided from the side or rear of the building.
Garages located internal to Three-Family Dwelling Units shall be limited
in width to one parking bay, but may include space for more than one
vehicle parked end to end.
4.
Reduction
of Required Parking.
Notwithstanding anything to the
contrary herein, any minimum required number of parking spaces may
be reduced by the Approving Authority by up to twenty-five percent
(25%) as a condition of special permit, provided the Applicant demonstrates
that the fewer parking will not cause excessive congestion, endanger
public safety, or that fewer parking spaces will provide positive
environmental or other benefits, taking into consideration:
a.
The availability
of a sufficient amount, in the opinion of the Approving Authority,
of available public or commercial parking in the vicinity of the use(s)
being served, and including parking dedicated to the use(s) being
served; and/or
b.
The availability
of a Fixed Public Transportation Stop within six hundred (600) linear
feet of a pedestrian entrance to the Development Project, taking into
account the proposed use(s) and the extent to which residents, employees
and/or patrons of the proposed use(s) may be reasonably expected to
access the site via public transit; and/or
c.
The availability
of shared use of parking spaces serving other uses having peak user
demands at different times, subject to the following:
i.
At the
discretion of the Approving Authority, shared use may be made of required
parking spaces by intermittent use establishments such as churches,
assembly halls, or theaters whose peak parking demand is only at night
or on Sundays and by other uses whose peak demand is only during the
day.
ii.
In
order for such shared parking to be eligible to satisfy required off-street
parking standards in whole or in part, prior to Site Plan Approval
a contract, agreement, or suitable legal instrument acceptable to
Everett legal counsel shall be filed with the application for Site
Plan Approval which shall specify the location of all spaces to be
jointly used, the number of such spaces, the hours during the day
that such parking shall be available, and the duration or limit, if
any on such parking.
|
Where such reduction is authorized, the Approving Authority
shall indicate in its written decision the basis for such reduction
and may within the special permit impose conditions of use or occupancy
appropriate to such reduction.
|
5.
Guest Parking.
As a condition of Site Plan Approval, the Approving Authority
may require the provision of up to one (1) off-street parking space
for every ten (10) Dwelling Units, in addition to the requirements
in this Ordinance, where it determines that public safety or convenience
so requires.
6.
Accessibility.
Parking shall be designed and constructed to comply with all
applicable disability access requirements including but not limited
to the Americans with Disabilities Act (ADA) and the regulations of
the Massachusetts Architectural Access Board (MAAB).
H.
Design Standards.
1.
Purposes.
To encourage new development of high quality, Design Standards
are hereby adopted and included as Appendix B.
2.
Applicability.
The Design Standards shall apply to review of and approval or
approval with conditions of Development Projects proposed pursuant
to this Ordinance. Certain Design Standards apply only to Development
Projects requiring a special permit, as indicated within the Design
Standards.
3.
Inconsistency.
In the case of conflict between the requirements or prohibitions
of the District Ordinance and the Design Standards, the District Ordinance
shall govern. In the case of inconsistency between applicable state
or federal laws, including, without limitation, state building codes
or life safety codes, and the Design Standards, the applicable state
and federal laws, rules and regulations shall govern.
I.
Non-Conforming
Structures or Uses.
1.
The provisions
of this Ordinance shall not apply to structures or uses lawfully in
existence or lawfully begun, or to a building or special permit issued
before the first publication of notice of the public hearing on this
Ordinance as required by G.L. c.40A §5.
2.
Existing
non-conforming structure or uses may be extended or altered, provided
that such extension, alteration or change of use shall be permitted
only upon the grant of a special permit by the Zoning Board of Appeals
after a public hearing and a finding that such extension, alteration
or change of use shall not be substantially more detrimental to the
neighborhood than the existing non-conforming use or structure.
3.
No non-conforming
use, if once changed to a use permitted in the district in which it
is located shall be changed back to a non-conforming use. No non-conforming
use or structure which has been not used for a period of two (2) years
or more shall be resumed or replaced by any other non-conforming use
or structure.
4.
Alteration,
reconstruction, extension or structural change to a single or two-family
non-conforming, residential structure shall be permitted provided
such change does not increase the non-conforming nature of said structure.
5.
A non-conforming
use damaged or destroyed by fire, flood, earthquake, war, riot, or
by an Act of God, or an act of the public enemy to the extent of less
than seventy-five (75) percent of its reproduction value at the time
of such occurrence may be reconstructed and used as before such calamity,
provided that a building permit, where required, is obtained and such
work started within two (2) years of the date of such occurrence and
the work of restoration of the use is completed within two (2) years
of the date of the issuance of the building permit.
J.
Administration.
1.
Determination
of Use Category and Permit Requirements.
An Applicant
may apply for a Determination of Use Category and Permit Requirements
from the Building Commissioner, who shall within thirty (30) days
provide a written determination of the use(s) proposed with a list
of required zoning approvals necessary for construction of the Development
Project. Where a Determination of Use Category and Permit Requirements
is issued relative to a building or structure for which a building
permit will be required, there shall be no appeal other than an appeal
of the building permit.
2.
Designation
of Priority Development Sites.
a.
Purposes.
b.
Applicability.
The provisions of this Section 30.J.2 apply to all lots located within the LBEDD and RCOD.
c.
Special
Permit and Site Plan Review Decisions.
All special permit
or Site Plan Review decisions by the Approving Authority on Development
Projects located within the boundaries of a Priority Development Site
shall be issued within 180 calendar days after the filing of a complete
application with the appropriate body. Decisions may include approval,
approval with conditions, or denial of the proposed Development Project.
3.
Site Plan
Review.
a.
Purposes.
The purpose of this section is to protect the health, safety,
convenience and general welfare of the inhabitants of the City by
providing for a review of plans for uses and structures which may
have significant impacts both within the site and in relation to adjacent
properties and streets on pedestrian and vehicular traffic, public
services and infrastructure, environmental, historic resources, or
on abutting properties or community needs, and to minimize potential
adverse impacts of such development.
b.
Applicability.
Uses designated “Y” in the Table of Use Regulations
may be allowed within the LBEDD By-Right, subject to the restrictions
of this Ordinance and to the regulations adopted by the Approving
Authority.
c.
Religious
and Educational Uses and Day Care Centers – Modified Site Plan
Review.
i.
Applicability.
Religious and educational uses, Day Care Centers, and school
age child care programs, which are partially excepted from local zoning
regulation by G.L. c. 40A, §3, shall be subject to a modified
Site Plan Review process.
ii.
Demonstration
of Qualification.
In order to qualify for these modified
Site Plan Review standards, an applicant must satisfy the Building
Commissioner that the use is exempt under G.L. c. 40A, §3.
iii.
General Review Procedure.
Site Plan Review for these
uses shall be reviewed by the Approving Authority subject to the specific
review criteria specified herein.
d.
Permitting
Procedures.
i.
An application
for Site Plan Review shall be filed by the Applicant with the City
Clerk and a copy of the application including the date of filing certified
by the City Clerk shall be filed forthwith with the Approving Authority.
The Applicant shall also file the required number of copies of the
application with the Approving Authority including any required forms
provided by the Approving Authority.
ii.
Upon
receipt by the Approving Authority, applications for Site Plan Review
shall be distributed to other city departments for review. Any reports
from these parties shall be submitted to the Approving Authority within
sixty (60) days of filing of the application. The Approving Authority
or its designee shall forward to the Applicant, with its report, copies
of all recommendations received to date from other boards, commissions
or departments.
iii.
Within thirty (30) days of filing of an application with the Approving
Authority, the Approving Authority or its designee shall evaluate
the proposal with regard to its completeness and in the event of incompleteness
shall submit an advisory report in writing to the Applicant outlining
required items that were missing from the application. The Applicant
shall be provided reasonable opportunity to provide the required information
provided however that the required time for action by the Approving
Authority.
e.
Contents
of an Application for Site Plan Review.
The application for Site Plan Review
shall include the following information although the Approving Authority
may, upon written request from the Applicant, modify any of the following
provided such modification will not negatively impact the Approving
Authority’s ability to make an informed decision on the application,
and the Approving Authority must state in writing their reasons for
such modified requirements as part of their decision:
i.
Completed
Application form with all fees in accordance with a printed fee schedule
as established by the Approving Authority, and as may be amended from
time to time.
ii.
Complete
list of abutters certified by the City Assessor, including printed
address labels.
iii.
Development Plan Summary including proposed housing unit count and/or
square footage of nonresidential development; proposed number, location,
configuration and design of proposed off-street parking spaces; and
proposed off-site improvements (if any).
iv.
Proposed
Site Plan drawings at 1” = 40’ scale or greater stamped
by a Massachusetts Registered Professional Engineer or other appropriate
professional including one (1) original and ten (10) copies at 24”
x 36” dimension; and fifteen (15) paper copies at 11”
x 17”. The site plan drawings shall contain the following information:
(a)
Names and address of Applicant and project engineer.
(b)
Development Project name, boundaries, north arrow, date scale.
(c)
Existing conditions on the lot(s), including the location and purposes
of existing easements, if any.
(d)
Assessor’s parcel numbers of lot(s) subject to the Application.
(e)
Existing and proposed building footprints, parking areas, loading
areas, pedestrian ways, driveway openings, driveways, access and egress
points, service areas.
(f)
Existing and proposed topographic features on the lot and adjoining
areas within 50 feet of said lot at two-foot contours, including walks,
fences, walls, planting areas, and greenbelts.
(g)
The amount(s) in sq. ft. of proposed building(s), impervious surface
area and open space (natural and landscaped) of the lot.
(h)
Proposed names of new street(s), if any.
(i)
Data to determine location, direction, width and length of every
street line, lot line, easement, zoning district and boundary line.
(j)
A description of proposed ownership and maintenance of all traveled
ways internal to the site, including vehicular ways and sidewalks.
(k)
Indication of purpose for proposed easements, if any.
(l)
Existing and proposed recreation areas and other open spaces, including
dimensions.
(m)
Water supply systems, storm drainage systems, utilities, sites for
enclosed refuse containers.
(n)
Storm-water management plan in the form required by the General Ordinance
and/or the Zoning Ordinance.
(o)
Proposed landscaping plan which shall include the species, size,
number, location and characteristics of proposed planting, landscaping,
buffers, and screening.
(p)
Proposed lighting plan which shall show:
(i)
The location and type of any outdoor lighting Luminaires, including
the height of the Luminaire.
(ii)
The Luminaire manufacturer’s specification data, including
lumen output and photometric data showing cutoff angles.
(iii)
The type of lamp such as: metal halide, compact fluorescent,
high-pressure sodium, etc.
(iv)
A photometric plan showing the intensity of illumination at
ground level, expressed in foot-candles.
(q)
Where common open space and facilities are proposed as part of a
Development Project, plans and any necessary supporting documents
shall be submitted showing the proposed location, size and landscaping
plan for such open space and facilities.
(r)
Building elevation drawings at 1” = 4’.
(s)
Renderings of the architectural design of the building(s) to be constructed
and/or renovated, including identification of all major exterior materials,
colors and finishes in sufficient detail for the Approving Authority
to determine consistency with this Ordinance.
(t)
Traffic Impact Study. When a proposed Development Project is projected
to generate more than one hundred (100) Peak Hour Trips based on ITE
standards or more than seven hundred and fifty (750) Average Daily
Trips, a traffic impact study shall be required, to include:
(i)
A report on existing traffic conditions, including estimated average
daily and peak hour traffic volumes, average and peak speeds, sight
distances, motor vehicle accident data for the previous three years,
and levels of service (LOS) of intersections and streets likely to
be impacted by the proposed Development Project. Generally, such data
shall be presented for all major streets and intersections within
1,000 linear feet of the project boundaries.
(ii)
Projected traffic conditions for design year of occupancy, including
statement of design year of occupancy, average annual background traffic
growth, impacts of proposed developments which have already been approved
or are pending before City boards.
(iii)
Projected peak hour and daily levels and directional flows resulting
from the proposed Development Project; sight lines at the intersections
of the proposed driveways and streets; existing and proposed traffic
controls in the vicinity of the proposed development; and projected
post development traffic volumes and levels of service of intersections
and streets likely to be affected by the proposed Development Project.
(iv)
Proposed methods as necessary to mitigate the estimated traffic
impact and methodology and sources used to derive existing data and
estimations. The Approving Authority may accept the Applicant’s
proposal to substitute a contribution of funds for the purpose of
partial design and/or construction of off-site traffic improvements
provided the funding is proportional to the impacts of the traffic
impacts resulting from the proposed Development Project.
|
The Applicant may satisfy this requirement by submittal of a
traffic study completed in compliance with the Massachusetts Environmental
Policy Act (MEPA) if the Development Project is subject to MEPA.
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(u)
Sewage Impact Report.
Any application for Site Plan
Approval for any use which produces more than five hundred (500) gallons
per day of sewage flow when calculated in accordance with the flow
estimates of CMR (Mass. Sewer System Extension and Connection Permit
Program) SECTION 7.15 shall require an impact report to be filed with
and approved by the Building Commissioner, the City Services Department
and the City Engineer, which report shall indicate the total flow;
the size, material and slope of all pipes; the ability of the system
to carry the flow; locations of manholes and other appurtenances,
and invert elevations.
f.
Public
Hearing.
The Approving Authority shall hold a public
hearing to consider applications for Site Plan Review, including notice
of such hearing to abutters to abutters within three hundred (300)
feet of the project locus, and shall review all applications according
to the procedure set forth herein.
g.
Decision.
i.
The
Approving Authority shall by majority vote approve, approve with conditions,
or deny site plan approval to a proposed Development Project and shall
file its decision with the City Clerk within 120 days of the receipt
of the site plan application by the City Clerk. The time limit for
public hearing and decision by the Approving Authority may be extended
by written agreement between the Applicant and the Approving Authority
with a copy of any such agreement filed with the City Clerk.
ii.
The
Approving Authority’s findings, including the basis of such
findings, shall be stated in a written decision of approval, conditional
approval or denial of the Site Plan Approval application. The written
decision shall contain the name and address of the Applicant, identification
of the land affected and its ownership, and reference by date and
title to the plans that were the subject of the decision.
h.
Criteria
for Approval.
The Approving Authority shall approve an
application for Site Plan Review upon finding that the Development
Project complies with the requirements of this Ordinance and, to a
degree consistent with a reasonable use of the site for the purposes
permitted or permissible by the regulations of the district in which
it is located:
i.
Will
not be detrimental to or endanger the public health, safety, convenience,
or general welfare;
ii.
Protects
adjoining premises against detrimental or offensive uses on the site,
including provision of adequate landscaping and screening of adjacent
uses;
iii.
Will not be injurious to the use and enjoyment of the surrounding
property;
iv.
Will
not impede the efficient, orderly, and normal development of the surrounding
property;
v.
Provides
adequate access, utilities, landscaping, buffering, and other improvements;
and
vi.
Provides
pedestrian and vehicle ingress, egress, and circulation in a manner
that maintains adequate public safety and efficient movement.
i.
Review
Standards for Religious, Educational and Child Care Uses.
The Approving Authority may impose reasonable conditions, at the
expense of the Applicant, to ensure that the following conditions
have been satisfied. In reviewing the Site Plan submittal for an exempt
use, the Approving Authority shall consider the following:
i.
Relationship
of the bulk and height of structures and adequacy of open spaces to
the natural landscape, existing buildings and other community assets
in the area, which includes, but is not limited to, building coverage
requirements, yard sizes, lot areas and setbacks;
ii.
Physical
layout of the plan as it relates to convenience and safety of vehicular
and pedestrian movement within the site, the location of driveway
openings in relation to traffic or to adjacent streets and, when necessary,
compliance with other regulations for the handicapped, minors and
the elderly; and
iii.
Adequacy of the arrangement of parking and loading spaces and safety
of proposed access and egress in relation to the proposed uses of
the premises.
j.
Conditional
Approval.
The Approving Authority may impose reasonable
conditions, at the expense of the applicant, to ensure that the requirements
of this Ordinance have been satisfied, and may further require provision
of an operations and maintenance plan for traveled ways and associated
drainage facilities, for sidewalks within public rights-of-way adjacent
to the site, and for all common open space and facilities.
k.
Criteria
for Denial.
The Approving Authority may deny an application
for Site Plan Approval pursuant to this Ordinance if the Approving
Authority finds one or more of the following:
i.
The
Development Project does not meet the conditions and requirements
set forth in this Ordinance; or
ii.
The
Applicant failed to submit information and fees required by this Ordinance
and necessary for an adequate and timely review of the Development
Project; or
iii.
It is not possible to adequately mitigate significant adverse Development
Project impacts on nearby properties or the general public by means
of suitable conditions.
l.
Waivers.
The Approving Authority may within its reasonable discretion
waive application or other procedural site plan requirements upon
a determination that such waivers are insubstantial and are consistent
with the intent and purposes of the LBEDD district, but may not waive
any zoning requirement by means of Site Plan Approval.
m.
Filing
of Decision.
The decision of the Approving Authority,
together with the detailed reasons therefor, shall be filed with the
City Clerk and the Building Commissioner. A copy of the decision shall
be mailed by the Approving Authority to the Applicant and to the owner
if other than the Applicant certifying that a copy of the decision
has been filed with the City Clerk and that all plans referred to
in the decision are on file with the Approving Authority. A notice
of the decision shall be sent to parties in interest and to persons
who requested a notice at the public hearing.
n.
Appeals.
The appeal of any decision of the Planning Board hereunder shall
be made in accordance with the provisions of G.L. c. 40A §17.
o.
Lapse.
Site Plan Approval shall lapse after two (2) years from the
grant thereof if a substantial use thereof has not sooner commenced
except for good cause. Such approval may, for good cause, be extended
in writing by the Approving Authority upon the written request of
the applicant.
p.
Change
in Plans after Approval by Approving Authority.
i.
Minor
Change.
After issuance of Site Plan Approval, an Applicant
may apply to make minor changes in a Development Project, that do
not affect the overall build out or building envelope of the site,
or provision of open space, or number of housing units, such as minor
utility or building orientation adjustments, or minor adjustments
to parking or other site details. An application for a minor change
shall be submitted to the Approving Authority on redlined prints of
the approved plan, reflecting the proposed change, and on application
forms provided by the Approving Authority. The Approving Authority
may authorize such changes at any regularly scheduled meeting, without
the need to hold a public hearing. The Approving Authority shall set
forth any decision to approve or deny such minor change by motion
and written decision, and provide a copy to the Applicant for filing
with the City Clerk.
ii.
Major
Change.
Those changes deemed by the Approving Authority
or its Administrator to constitute a major change in a Development
Project because of the nature of the change in relation to the prior
approved plan, or because such change is excluded from the definition
of a minor change as indicated above, shall be processed by the Approving
Authority as a new application for Site Plan Approval pursuant to
this Ordinance.
4.
Administrative
Site Plan Review.
a.
Eligibility.
If a proposed Project includes buildings that satisfy all dimensional
requirements of this Ordinance and Uses that are allowable By-Right,
the Administrator of the Approving Authority may issue an Administrative
Site Plan Approval, which shall be identical in legal effect to a
Site Plan Approval issued by the Approving Authority. Although subject
to different procedural requirements as provided herein, any such
Project shall be subject to the same use, dimensional and other performance
standards included in this Ordinance as if such Project were a Development
Project requiring Site Plan Approval.
b.
Procedures.
i.
A Project
seeking Administrative Site Plan Approval shall file all application
materials required for Site Plan Approval with the City Clerk. The
Administrator of the Approving Authority shall, within thirty (30)
days of such filing, make a written determination as to whether the
Project may be approved administratively, or whether Site Plan Approval
will be required, and shall include in the written determination the
reasons for such finding.
ii.
In
the case of a Project determined by the Administrator of the Approving
Authority to qualify for Administrative Site Plan Approval, the Administrator
of the Approving Authority shall issue a written decision approving
the application. In all other cases, the Administrator shall refer
the application to the Approving Authority for Site Plan Review within
a public hearing and other requirements of the Section C. above.
iii.
All decisions of the Administrator of the Approving Authority shall
be filed with the City Clerk.
c.
Waivers.
An Administrative Site Plan Approval may not authorize waivers.
d.
Date
of Effect.
The date of effect of an Administrative Site
Plan Approval shall be the date it is filed with the City Clerk.
e.
Appeals.
Where an Administrative Site Plan Approval is issued relative
to a building or structure for which a building permit will be required,
there shall be no appeal other than an appeal of the building permit.
5.
Special
Permits.
Certain uses, structures or conditions are designated
as special permit uses in the Table of Use Regulations at §5
of this Ordinance. Upon written application duly made, the SPGA may,
in the exercise of its discretion and consistent with the purposed
of this Ordinance and the district zoning purposes and, subject to
the applicable conditions set forth in this Ordinance and subject
to other appropriate conditions and safeguards, grant a special permit
for such exceptions. Uses designated “SP” in the Table
of Use Regulations may be allowed within the LBEDD by special permit.
a.
Special
Permit Granting Authority.
For the purpose of this Ordinance
the Special Permit Granting Authority (“SPGA”) shall be
the Planning Board of the City of Everett.
b.
Application
and Review Procedures.
i.
Application.
The applicant shall file an application for a special permit
together with the required filing fee with the City Clerk. The application
shall include a Site Plan and other materials as required at §10.
C above. A copy of the application including the date and time filed,
as certified by the City Clerk, shall be filed forthwith with the
SPGA. The procedures set forth in G.L. c. 40A §9 shall be followed.
The following additional materials shall be provided:
(a)
A statement of the Applicant’s specific infrastructure improvements,
with a proposed schedule for completion of such improvements, or contributions
to Identified Infrastructure Investments within the LBEDD, if any,
in proportion to the number of residents, employees, and/or patrons
of the proposed Development Project and the estimated need for or
benefit from such Identified Infrastructure Investments as may result
from the Development Project, including impacts on residents, employees
and/or patrons , within then entire LBEDD, and, where applicable,
to the City of Everett or portions thereof.
(b)
A statement of proposed traffic mitigation, if any, which shall,
at a minimum, include a plan to minimize traffic and safety impacts
through such means as physical design and layout, staggered employee
work schedules, promoting use of public transit or car-pooling, or
other effective means. Measures shall be proposed as necessary to
achieve the following post-development standards:
(i)
Level of Service (LOS) at nearby intersections shall not be degraded
more than one level as a result of traffic generated by the proposed
Development Project, nor shall any intersections within the area of
traffic effect be degraded below the level of D, except in exceptional
circumstances as determined by the SPGA.
(ii)
Adjacent streets shall not exceed design capacity at the peak hour
as a result of traffic generated by the proposed Development Project.
(iii)
Safety hazards shall not be created or increased as a result
of traffic generated by the proposed Development Project.
(c)
In order to assist the SPGA to visualize a proposal for new construction
abutting an existing residential use or exceeding thirty-five (35)
feet in height, the Applicant shall submit an electronic 3-D model,
or alternative form of representation satisfactory to the SPGA, of
existing conditions on the site, and of the proposed Development Project.
The model shall include the proposed height and massing of the proposed
building(s), as well as existing or approved (but unconstructed) buildings
located entirely within 300 feet of the proposed building(s). The
model need not include full architectural detail but shall be scaled
to accurately represent the existing and proposed developed conditions.
ii.
Reports
from City Boards or Departments.
The SPGA shall transmit
forthwith a copy of the application and plan(s) to other boards, departments,
or committees as it deems necessary or appropriate, for their written
reports. Any such entity to which applications are referred for review
shall make such recommendation or submit such reports as they deem
appropriate and shall send a copy thereof to the SPGA and to the applicant.
Failure of any such entity to make a recommendation or submit a report
within 21 days of receipt of the application shall be deemed a lack
of opposition.
iii.
Public Hearing.
(a)
Special permits may be granted following a public hearing opened
within sixty-five days after the filing of an application with the
SPGA, a copy of which shall forthwith be given to the City Clerk by
the applicant.
(b)
The SPGA shall hold a public hearing for which notice has been given
by publication or posting as provided in G.L. c. 40A §11 and
by mailing to all the parties in interest and shall make its decision
within ninety days following the close of the hearing. The time limits
for public hearing and decision may be extended by written agreement
between the applicant and the SPGA, with a copy filed in the office
of the City Clerk.
(c)
Consolidation of Public Hearings.
When the Planning
Board serves as the SPGA for proposed work, it may at the request
of the Applicant consolidate its Site Plan Review and special permit
public hearings to the extent feasible.
iv.
Constructive
Approval.
(a)
As provided in G. L. c. 40A, §9, failure by the SPGA to take
final action upon an application for a special permit by its decision
with the City Clerk within ninety days following the date of a public
hearing shall be deemed to be a grant of the special permit.
(b)
An Applicant who seeks constructive approval because of the Approving
Authority’s failure to act on an application within the time
provided in this Ordinance, or extended time, if applicable, shall
notify the City Clerk in writing, within fourteen (14) days from the
expiration of ninety days or such extended time for a decision, of
such approval and that notice has been sent by the Applicant to parties
in interest by mail and that each such notice specifies that appeals,
if any, shall be made pursuant to G.L. c. 40A and shall be filed within
twenty (20) days after the date the City Clerk received such written
notice from the Applicant that the Approving Authority failed to act
within the time prescribed
v.
Conditions.
The SPGA may impose in addition to any other condition specified
in this Ordinance such additional conditions as it finds reasonable
and appropriate to minimize impacts on abutters, safeguard the neighborhood,
or otherwise serve the purposes of this Ordinance and the specific
purposes of the District in which the Development Project is located.
Such conditions shall be stated in the special permit decision, and
the Applicant may be required to post bond or other security for compliance
with said conditions in an amount satisfactory to the SPGA. Conditions
of a special permit may include, but are not limited to the following:
(a)
Dimensional requirements greater than the minimum required by this
Ordinance.
(b)
Screening of parking areas or other parts of the premises from adjoining
premises or from the street by specified walls, fences, plantings
or other devices.
(c)
Modification of the exterior features or appearance of the structure.
(d)
Limitation of size, number of occupants, method and time of operation,
and extent of facilities, or duration of the permit.
(e)
If the completion of and/or contribution to Identified Infrastructure
Improvements proposed by the Applicant is deemed by the SPGA to be
inadequate to achieve the standards set forth in this Ordinance, the
Applicant may be required to provide alternative methods to meet the
standards, which may include reduction in the size of the Development
Project; change in proposed uses on the lot; contributions to specified
Infrastructure Improvements, or construction of specified Infrastructure
Improvements. Where the alternative proposals submitted by the Applicant
are determined by the SPGA to be inadequate, and where it is determined
by the SPGA that the primary traffic impacts of the Development Project
as proposed will negatively affect particular locations where the
City of Everett has engineered plans for infrastructure improvements
that are in the planning or implementation stage, the Applicant may
agree, in lieu of denial of the special permit, as a condition of
special permit to contribute funds to a public infrastructure investment
fund in an amount proportional to the impact of the proposed Development
Project on the public infrastructure.
(f)
Regulation of number, design and location of access drives, drive-up
windows and other traffic features.
(g)
Regulation of off-street parking or loading. The SPGA may require
that adequate parking be made available as a condition of the issuance
of a special permit, and it may impose such reasonable conditions
and safeguards as it deems appropriate.
(h)
Requirements for performance bonds or other security.
(i)
Installation and certification of mechanical or other devices to
limit present or potential hazard to human health, safety, or welfare
of the City or of the environment resulting from smoke, odor, particulate
matter, toxic matter, fire or explosive hazard, glare, noise, vibration
or any other objectionable impact generated by any given use of land.
vi.
Required
Findings for Approval.
The SPGA may grant special permits
for certain uses or structures as specified in the Table of Use Regulations
in this Ordinance. Before granting a special permit, the SPGA, with
due regard to the nature and condition of all adjacent structures
and uses, shall find all of the following conditions to be fulfilled:
(a)
The proposal is in harmony with the general purpose and intent of
this Ordinance and the purposes of the zoning district and it will
not be detrimental to the health, safety or welfare of the neighborhood
or the City.
(b)
The proposal is compatible with existing uses and development patterns
in the neighborhood and will be harmonious with the visual character
of the neighborhood in which it is proposed.
(c)
The proposal will not create a nuisance to the neighborhood due to
impacts such as noise, dust, vibration, or lights.
(d)
The proposal will not create undue traffic congestion nor impair
pedestrian safety, and provides safe vehicular and pedestrian circulation
within the site.
(e)
The proposal ensures adequate space onsite for loading and unloading
of goods, products, materials, and equipment incidental to the normal
operation of the establishment or use.
(f)
The proposal will not overload any public water, drainage or sewer
system or any other municipal system to such an extent that the proposed
use or any existing use will create significant hazards to health,
safety, or the general welfare.
(g)
The proposal minimizes environmental impacts including erosion, siltation,
detriment to ground and/or surface water levels, or detriment to ground
or surface water quality.
(h)
All uses proposed in a Mixed Use Development Project shall be compatible
with one another.
vii.
Provision for Density Bonus.
By issuance of a special
permit, the Approving Authority may authorize increased building height,
number of stories, residential density, FAR and/or may authorize reduced
parking requirements, setback requirements, lot coverage requirements
and open space requirements for Development Projects that include
one or more public benefits as found by vote of the Approving Authority.
Such public benefits may include, individually or in combination and
without limitation:
(a)
A commitment by the Applicant to invest in Identified Infrastructure
Improvements to the public infrastructure in the LBEDD, including
without limitation roadways, intersections, sidewalks, public parks,
other public space or facilities, weather-protected transit stops
or bicycle racks, off-site pedestrian and/or cycling facilities, and/or
installation of a network of way-finding signage, in addition to any
required public improvements as may be required to mitigate the impacts
of the proposed Development Project.
(b)
An increased amount of on-site Open Space;
(c)
Provision of structured parking;
(d)
Buildings that meet or exceed the stretch energy code requirements
in the Massachusetts building energy code (in effect at the time construction
documents are finalized); or an equivalent commitment to advanced
energy efficiency as determined by the Approving Authority based on
evidence on the recOrd. from qualified persons.
viii.
Decision.
As provided in G.L. c. 40A §9, the grant
of a special permit shall be by a four-fifths vote. The SPGA may approve,
approve with conditions, or deny a special permit for the proposed
Development Project. Failure to obtain the necessary vote constitutes
denial of the special permit.
(a)
The Approving Authority’s findings, including the basis of
such findings, shall be stated in a written decision of approval,
conditional approval or denial of the special permit application.
The written decision shall contain the name and address of the Applicant,
identification of the land affected and its ownership, and reference
by date and title to the plans that were the subject of the decision.
(b)
The decision of the Approving Authority, together with the detailed
reasons therefor, shall be filed with the City Clerk and the Building
Commissioner. A copy of the decision shall be mailed by the Approving
Authority to the Applicant and to the owner if other than the Applicant
certifying that a copy of the decision has been filed with the City
Clerk and that all plans referred to in the decision are on file with
the Approving Authority. A notice of the decision shall be sent to
parties in interest and to persons who requested a notice at the public
hearing.
ix.
Effective
Date of Special Permit.
If twenty (20) days have elapsed
after the decision has been filed in the office of the City Clerk
without an appeal having been filed or if such appeal, having been
filed, is dismissed or denied, the City Clerk shall so certify on
a copy of the decision. If the application is approved by reason of
the failure of the Approving Authority to timely act, the City Clerk
shall issue a certificate in compliance with G. L. c. 40A, §9.
A copy of the decision or certification of constructive approval shall
be recorded with the title of the land in question in the Middlesex
South District Registry of Deeds, and indexed in the grantor index
under the name of the owner of recOrd. or recorded and noted on the
owner’s certificate of title. The Applicant shall bear responsibility
and the cost of said recording and transmittal to the Registry of
Deeds, with proof of recording provided forthwith to the Approving
Authority.
x.
Time
Limitation on Special Permit.
Special permits shall expire
two years from the date of the issuance of the permit, which period
shall not include such time required to pursue or await the determination
of an appeal referred to in G.L. c. 40A §17, from the grant thereof,
if a substantial use thereof has not sooner commenced except for good
cause or, in the case of a permit for construction, if construction
has not begun by such date except for good cause.
xi.
Extension
of Special Permit.
An extension may be granted by the
SPGA for good cause upon the submission of an application and letter
which explains the reasons for the requested extension. Such application
shall follow the normal procedure as provided above, and must be filed
with the City Clerk prior to the expiration date of the special permit.
Any such extension shall be for a period of no more than one year.
xii.
Repetitive Applications.
No application which has been
unfavorably acted upon by the SPGA shall be again considered by said
Board within two years after the date of such unfavorable action unless
the Planning Board and Zoning Board of Appeals consent thereto under
the provisions of G.L. c. 40A §16.
6.
Consultant
Review.
The Approving Authority may promulgate rules
that provide for the imposition of reasonable fees to be paid by an
Applicant for Special Permit for the employment of a professional
engineer, architect, or landscape architect, or other outside consultants
to advise the Board on any or all aspects of the site plan. The costs
of such review shall be borne by the Applicant pursuant to G.L. c.
44 §53G. Such funds shall be held by the City of Everett in an
interest-bearing escrow account, and shall be used only for expenses
associated with the use of outside consultants employed by the Approving
Authority in reviewing the Plan application. Any excess funds remaining
after the completion of such review, including any interest accrued,
shall be repaid to the Applicant or the Applicant’s successor
at the completion of the Development Project and a final report of
said account shall be made available to the applicant or to the applicant’s
successor in interest.
7.
Certificate
of Occupancy.
It shall be unlawful to use any part of
any building or structure hereafter erected, until a certificate of
occupancy shall have been issued therefor by the Building Commissioner,
showing that the proposed use and construction are in accordance with
this Ordinance. No permit for excavation or construction shall be
issued by the Building Commissioner until he is satisfied that the
plans and intended use of the building conform to the provisions of
this Ordinance and the Massachusetts State Building Code. No application
for a certificate of occupancy shall be issued relating to the manufacturing
or processing of anything containing animal, poultry or vegetable
matter, unless such application shall contain the written approval
of the Board of Health. One (1) copy of any such plans, if and when
approved by the Building Commissioner, shall be returned to the applicant
with such permit as may be granted.
8.
Enforcement.
a.
Zoning
Enforcement Officer.
This Ordinance shall be administered
and enforced by the Building Commissioner of the City of Everett,
who shall issue no permit for the erection or alteration of any structure
or part thereof, the plans, specifications, and intended use of which
are not in all respects in conformity with the provisions of this
Ordinance.
b.
Maintenance
of Common Areas, Landscaping and Improvements.
The recipient
of any permit under this Ordinance, or any successor, shall be responsible
for maintaining all common areas, landscaping and other improvements
or facilities required by this Ordinance or any permit issued in accordance
with its provisions. Those areas, improvements, or facilities for
which an offer of dedication to the public has been accepted by the
appropriate public authority are excluded. Such improvements shall
include, but are not limited to, private roads and parking areas,
water and sewer lines, passive and active recreational facilities,
and vegetation and trees used for screening and landscaping. Such
improvements shall be properly maintained so that they can be used
in the manner intended. Vegetation and trees indicated on approved
site plans shall be replaced within one growing system if they die
or are destroyed.
c.
Penalties.
i.
Notwithstanding
Section 13 of the Zoning Ordinance,
any violation of the provisions of this Ordinance, or any violation
of any plan or permit approved under the provisions of this Ordinance,
including any conditions placed thereon, shall be subject to the following
fines:
ii.
Such
violation shall be noticed in the form of a ticket written by the
Building Commissioner of the City of Everett under the authority of
the Non-Criminal Disposition Ordinance under Article II of the General
Ordinances, as amended.
9.
Adoption
of Regulations.
The Approving Authority may adopt and
from time to time amend rules relative to the issuance of such permits
and shall file a copy of said rules in the office of the City Clerk.
K.
Severability.
A determination that any portion or provision of this Ordinance
is invalid shall not invalidate any other portion or provision thereof,
nor shall it invalidate any permit previously issued thereunder.
(C0114-14; amended C0248-17; amended as part of October 2021 update)
A.
General Provisions.
1.
Purposes.
The purposes of this section are as follows:
a.
To provide
for the limited establishment of registered marijuana dispensaries
(facilities) in appropriate places and under strict conditions in
acknowledgment of the passage of Initiative Petition 11-11 (Question
#3 on November 2012 state ballot), Chapter 369 of the Acts of 2012
and 105 CMR 725.000 Implementation of an Act for the Humanitarian
Medical Use of Marijuana.
b.
To minimize
the adverse impacts of registered marijuana dispensaries on adjacent
properties, residential neighborhoods, schools and other places where
children congregate, local historic districts, and other land uses
potentially incompatible with said facilities.
c.
To regulate
siting, design, placement, safety, monitoring, modification and removal
of registered marijuana dispensaries.
d.
To limit
the overall number of registered marijuana dispensaries in the city
to what is essential to serve the public convenience and necessity.
2.
Applicability.
a.
The cultivation,
production, processing, assembly, packaging, retail or wholesale sale,
trade, distribution or dispensing of marijuana for medical use is
prohibited unless permitted as a registered marijuana dispensary in
compliance with the provisions of this section.
b.
No facility
shall be established except in compliance with the provisions of this
section.
c.
Notwithstanding
the provisions of 21 U.S.C. 812(c)(a)(c)(10), nothing in this ordinance
shall be construed to supersede federal and state laws governing the
sale and distribution of narcotic drugs.
d.
If any
provision of this section or in the application of any such provision
to any person or circumstance shall be held invalid, the remainder
of this section, to the extent it can be given effect, or the application
of those provisions to persons or circumstances other than those to
which it is held invalid, shall not be affected thereby, and to this
end the provisions of this section are severable.
3.
Marijuana
Establishments Forbidden.
The operation of any marijuana
establishment, as defined in M.G.L. c. 94G, § 1, including, without
limitation, a marijuana cultivator, marijuana testing facility, marijuana
product manufacturer, marijuana retailer or any other type of licensed
marijuana-related business, is prohibited in all zoning districts
of the city. This prohibition shall not apply to the sale, distribution
or cultivation of marijuana for medical purposes licensed under Chapter
369 of the Acts of 2012.
B.
Definitions.
1.
Registered
marijuana dispensary (facility) – shall mean any medical marijuana
center, as defined under state law (as defined and in accordance with
the provisions of Chapter 369 of the Acts of 2012 and 105 CMR 725.000
Implementation of an Act for the Humanitarian Medical Use of Marijuana)
as a Massachusetts not-for-profit entity that acquires, cultivates,
possesses, processes (including but not limited to the development
of related products such as food, tinctures, aerosols, oils or and/or
ointments), transfers, transports, sells, distributes, dispenses and/or
administers marijuana, products containing marijuana, related supplies,
and/or educational materials to qualifying patients and/or their personal
caregivers, which is properly licensed and registered by the Massachusetts
Department of Public Health pursuant to all applicable state laws
and regulations.
2.
Marijuana
for medical use – Marijuana that is designed and restricted
for use by, and for the benefit of, qualifying patients in the treatment
of debilitating medical conditions in accordance with Chapter 369
of the Acts of 2012 and 105 CMR 725.000 Implementation of an Act for
the Humanitarian Medical Use of Marijuana.
3.
Marijuana
– In accordance with Chapter 94C of the Massachusetts General
Laws, all parts of the plant Cannabis sativa L., whether growing or
not; the seeds thereof; and resin extracted from any part of the plant;
and every compound, manufacture, salt, derivative, mixture, or preparation
of the plant, its seeds or resin. It does not include the mature stalks
of the plant, fiber produced from the stalks, oil, or cake made from
the seeds of the plant, any other compound, manufacture, salt, derivative,
mixture, or preparation of the mature stalks, except the resin extracted
therefrom, fiber, oil, or cake or the sterilized seed of the plant
which is incapable of germination.
C.
Special Permit.
1.
Special
Permit Granting Authority (SPGA).
Registered marijuana
dispensaries shall be permitted only upon the grant of a special permit
approved by the special permit granting authority (SPGA) after a public
hearing and a finding that the uses are in accordance with the requirements
set forth in this section.
a.
For the
purpose of this section, the special permit granting authority (“SPGA”)
shall be the planning board of the city.
b.
The SPGA
may issue only for a site that has been expressly designated in the
certificate of registration issued by the Massachusetts Department
of Public Health.
c.
A special
permit for a registered marijuana dispensary shall be limited to one
or more of the following uses that shall be prescribed by the SPGA:
i.
Cultivation
of marijuana for medical use (horticulture);
ii.
Processing
and packaging of marijuana for medical use, including marijuana that
is in the form of smoking materials, food products, oils, aerosols,
ointments and other products;
iii.
Retail sale or distribution of marijuana for medical use to qualifying
patients;
iv.
Wholesale
sale of marijuana for medical use to other registered marijuana dispensary.
d.
A special
permit granted under this section shall have a term limited to the
duration of the applicant’s ownership and use of the premises
as a registered marijuana dispensary, and shall expire upon the expiration
or termination of the applicant’s certificate of registration
from the Massachusetts Department of Public Health whichever is sooner.
A special permit may be transferred only with the approval of the
SPGA in the form of an amendment to the special permit.
e.
Any violation
of the section shall be grounds for revocation of a special permit
issued under this section.
2.
Application
Procedures.
The applicant shall file an application for
a special permit together with the required filing fee with the city
clerk. The application shall include a site plan and other materials
as required by the SPGA. A copy of the application including the date
and time filed, as certified by the city clerk, shall be filed forthwith
with the SPGA. The procedures set forth in G.L. c. 40A §9 shall
be followed.
3.
Application
Content.
The
application shall include the following information below although
the SPGA may, upon written request from the applicant, modify any
of the following provided such modification will not negatively impact
the approving authority’s ability to make an informed decision
on the application, and the approving authority must state in writing
their reasons for such modified requirements as part of their decision:
a.
Completed
application form with all fees in accordance with a printed fee schedule
as established by the approving authority, and as may be amended from
time to time.
b.
Complete
list of abutters certified by the city assessor, including printed
address labels.
c.
Certified
statement of encumbrances from the applicant and property owner.
d.
Any application
for approval under this section shall be accompanied by fifteen (15)
copies of a site plan drawings at 1"=40" scale or greater stamped
by a Massachusetts registered professional engineer or other appropriate
professional including one (1) original and ten (10) copies at 24"x36"
dimension; fifteen (15) paper copies at 11"x17"; and one electronic
copy of all drawings in PDF format. The plan drawings shall contain
the following information:
i.
Names
and address of applicant, owner of property (if different) and project
engineer.
ii.
Development
project name, boundaries, north arrow, date scale.
iii.
Existing conditions on the lot(s), including the location and purposes
of existing easements, if any.
iv.
Assessor’s
parcel numbers of lot(s) subject to the application.
v.
Existing
and proposed building footprints, parking areas, loading areas, pedestrian
ways, driveway openings, driveways, access and egress points, service
areas.
(a)
Existing and proposed topographic features on the lot and adjoining
areas within 50 feet of said lot at two-foot contours, including walks,
fences, walls, planting areas, and greenbelts.
(b)
The amount(s) in sq. ft. of proposed buildings(s), impervious surface
area and open space (natural and landscaped) of the lot.
(c)
Proposed names of new street(s), if any.
(d)
Data to determine location, direction, width and length of every
street line, lot line, easement, zoning district and boundary line.
(e)
A description of proposed ownership and maintenance of all traveled
ways internal to the site, including vehicular ways and sidewalks.
(f)
Indication of purpose for proposed easements, if any.
(g)
Existing and proposed recreation areas and other open spaces, including
dimensions.
(h)
Water supply systems, storm drainage systems, utilities, sites for
enclosed refuse containers.
(i)
Storm-water management plan in the form required by the General Ordinance
and/or the Zoning Ordinance.
(j)
Proposed landscaping plan which shall include the species, size,
number, location and characteristics of proposed planning, landscaping,
buffers, and screening.
(k)
Proposed lighting plan which shall show:
(i)
The location and type of any outdoor lighting luminaires, including
the height of the luminaire.
(ii)
The luminaire manufacturer’s specification data, including
lumen output and photometric data showing cutoff angles.
(iii)
The type of lamp such as: metal halide, compact fluorescent,
high-pressure sodium, etc.
(iv)
A photometric plan showing the intensity of illumination at ground
level, expressed in foot-candles.
(l)
Where common open space and facilities are proposed as part of the
project, plans and any necessary supporting documents shall be submitted
showing the proposed location, size and landscaping plan for such
open space and facilities.
(m)
Building elevation drawings at 1"=4’.
(n)
Renderings of the architectural design of the building(s) to be constructed
and /or renovated, including identification of all major exterior
materials, colors and finishes in sufficient detail for the approving
authority to determine consistency with this section.
vi.
A
statement of the applicant’s specific infrastructure improvements,
with a proposed schedule for completion of such improvements, that
are identified as required to support the facility.
vii.
A statement of proposed traffic mitigation, if any, which shall,
at a minimum, include a plan to minimize traffic and safety impacts
through such means as physical design and layout, staggered employee
work schedules, promoting use of public transit or car-pooling, or
other effective means. Measures shall be proposed as necessary to
achieve the following post-development standards:
(a)
Level of service (LOS) at nearby intersections shall not be degraded
more than one level as a result of traffic generated by the proposed
facility, nor shall any intersections within the area of traffic effect
be degraded below the level of D, except in exceptional circumstances
as determined by the SPGA.
(b)
Adjacent streets shall not exceed design capacity at the peak hour
as a result of traffic generated by the proposed facility.
(c)
Safety hazards shall not be created or increased as a result of traffic
generated by the proposed facility.
viii.
In order to assist the SPGA to visualize a proposal for new construction,
the applicant shall submit model, architectural rendering or alternative
form of representation satisfactory to the SPGA, of existing conditions
on the site, and of the proposed facility. The model shall include
the proposed height and massing of the proposed building(s), as well
as, existing or approved (but unconstructed) buildings located entirely
within 300 feet of the proposed building(s). The model need not include
full architectural detail but shall be scaled to accurately represent
the existing and proposed developed conditions.
ix.
The
name and address of each owner, manager, member, partner and employee
of the facility, and a statement indicating whether the application
complies with subsections 10 and 11 below.
x.
The
source of all marijuana that will be sold or distributed at the facility.
xi.
The
source of all marijuana that will be cultivated, processed and/or
packaged at the facility.
xii.
If the marijuana is to be cultivated, processed and/or packaged at
the facility, the name of each purchaser of said marijuana.
xiii.
The applicant must be a non-profit organization. The applicant must
submit a copy of its articles of organization, a current certificate
of legal existence from the Secretary of the Commonwealth, and the
most recent annual report.
xiv.
The applicant must submit copies of all licenses and permits issued
by the Commonwealth of Massachusetts and any of its agencies for the
facility.
xv.
The
applicant must submit evidence of the applicant’s right to use
the site for a facility, such as a deed, lease, purchase and sale
agreement or other legally binding document
xvi.
If any owners, shareholders, partners, members, managers, directors,
officers are entities rather than persons, the applicant must disclose
the identity of the owners of such entities until the disclosure contains
the names of individuals
xvii.
The applicant must submit proposed security measures for the facility
including lighting and alarms, to ensure the safety of persons and
to protect the premises from theft.
xviii.
The applicant must submit the resumes of the applicant and all members
of the facility’s management.
xix.
Any project which produces more than five hundred (500) gallons per
day of sewage flow when calculated in accordance with the flow estimates
of CMR (Mass. Sewer System Extension and Connection Permit Program)
Section 7-15 shall require an impact report to be filed with and approved
by the building commissioner, the department of public works and the
city engineer, which report shall indicate the total flow; the size,
material and slope of all pipes; the ability of the system to carry
the flow; locations of manholes and other appurtenances, and invert
elevations.
4.
Waivers.
The SPGA may within its reasonable discretion waive application
or other procedural requirements upon a determination that such waivers
are insubstantial and are consistent with the intent and purposes
of this ordinance but may not waive any zoning requirement by means
of this permitting process.
5.
Reports
from City Boards or Departments.
The SPGA shall transmit
forthwith a copy of the application and plan(s) to other boards, departments,
or committees as it deems necessary or appropriate, for their written
reports. Any such entity to which applications are referred for review
shall make such recommendation or submit such reports as they deem
appropriate and shall send a copy thereof to the SPGA and to the applicant.
6.
Public
Hearing.
a.
Special
permits may be granted following a public hearing opened within sixty-five
days after the filing of an application with the SPGA, a copy of which
shall forthwith be given to the city clerk by the applicant.
b.
The SPGA
shall hold a public hearing for which notice has been given by publication
or posting as provided in G.L. c. 40A §11 and by mailing to all
the parties in interest and shall make its decision within ninety
days following the close of the hearing. The time limits for public
hearing and decision may be extended by written agreement between
the applicant and the SPGA, with a copy filed in the office of the
city clerk.
7.
Filing
of Decision.
The decision of the SPGA, together with
the detailed reasons therefor, shall be filed with the city clerk
and the building commissioner. A copy of the decision shall be mailed
by the approving authority to the applicant and to the owner if other
than the applicant certifying that a copy of the decision has been
filed with the city clerk and that all plans referred to in the decision
are on file with the SPGA. A notice of the decision shall be sent
to parties in interest and to persons who requested a notice at the
public hearing.
8.
General
Requirements and Conditions.
The SPGA may impose, in
addition to any other conditions specified in this section, such additional
conditions as it finds reasonable and appropriate to minimize impacts
on abutters, safeguard the neighborhood, or otherwise serve the purposes
of this section. Such conditions shall be stated in the special permit
decision, and the applicant may be required to post bond or other
security for compliance with said conditions in an amount satisfactory
to the SPGA. Conditions of a special permit may include, but are not
limited to the following:
a.
A registered
marijuana dispensary shall be located in a permanent building and
not within a mobile facility.
b.
No facility
used a dispensary only shall have gross floor area in excess of two
thousand five hundred (2,500) square feet. A facility used a dispensary
only may be located in buildings that exceed two thousand five hundred
(2,500) square feet of floor area, provided that the gross floor area
of the facility shall not exceed two thousand five hundred (2,500)
square feet.
c.
No facility
used as cultivation or processing facility shall have a gross floor
area in excess of twenty-five thousand (25,000) square feet.
d.
The hours
of operation of facilities shall be set by the SPGA, but in no event
shall said hours be open and/or operating between the hours of 9:00PM
and 8:00AM.
e.
No special
permit for a facility shall be issued to a person who has been convicted
of a felony or a violation of a state or federal statute prohibiting
the unlawful possession, sale or distribution of narcotic drugs or
prescription drugs. Further no special permit for a facility shall
be issued to a non-profit corporation which an owner, shareholder,
member, officer, manager, or employee has been convicted of a violation
of a felony or a state or federal statute prohibiting the unlawful
possession, sale or distribution of narcotic drugs or prescription
drugs.
f.
No special
permit for a facility shall be issued to a person who has been convicted
of a violation of Massachusetts General Laws Chapter 119, section
63 Inducing or Abetting Delinquency of Child or Massachusetts General
Laws Chapter 272, section 28 Matter harmful to Minors, dissemination;
possession; defenses. Further, no special permit for a facility shall
be issued to a non-profit corporation in which the owner, shareholder,
member, officer, manager or employee has been convicted of a violation
of Chapter 119, section 63 M or Massachusetts General Laws Chapter
272, section 28.
g.
No facility
shall be located within 500 feet of a residential zoning district.
The distance under this subsection shall be measured in a straight
line from the nearest point of the property line of the uses and structures
identified to the nearest point of the property line of a facility.
h.
No facility
shall be located within 1,000 feet of any of the following uses or
structures:
i.
Any
school attended by children under the age of 18;
ii.
Any
licensed child care facility;
iii.
Any drug or alcohol rehabilitation facility;
iv.
Any
correctional facility, half-way house, or similar facility; or
v.
Any
other registered marijuana dispensary.
|
For the purposes of this subsection, the distance under this
subsection shall be measured in a straight line from the nearest point
of the property line of the uses and structures identified to the
nearest point of the property line of a facility.
|
i.
No facility
shall be located within 500 feet of any playground, public athletic
field, park, multi-use path, or other recreational facility. The distance
under this subsection shall be measured in a straight line from the
nearest point of the property line of the uses and structures identified
to the nearest point of the property line of a facility.
j.
The distance
required under this section may be reduced by up to 25% upon determination
by the SPGA that the facility would otherwise be effectively prohibited
within the city, or the applicant demonstrates that the facility will
employ adequate security measures to prevent diversion of marijuana
to minors or to persons who are not qualifying patients pursuant to
105 CMR 725.
k.
No smoking
or burning marijuana-related products shall be permitted on the premises
of a facility.
l.
No facility
shall be located inside a building containing residential units, including
transient housing such as hotels, motels, dormitories or inside a
movable or mobile structure.
m.
Facilities
shall not sell, distribute or dispense more than one ounce of dried
cannabis per qualified patient or primary caregiver per visit to the
facility. Facilities may not maintain or store more than ninety-nine
(99) cannabis plants in up to one hundred (100) square feet of total
garden canopy measured by the combined vegetative growth area. If
a qualified patient or a primary caregiver has a doctor’s recommendation
that this quantity does not meet the qualified patient’s medical
needs, the qualified patient or the primary caregiver may possess
and the facility may dispense an amount of dried cannabis and maintain
a number cannabis plants consistent with those needs. Only the dried,
mature processes flowers of female cannabis plant or the plant conversion
shall be considered when determining allowable quantities of cannabis
under the section.
n.
Signage
for facility shall be limited to one wall sign not to exceed ten (10)
square feet in area, and one identifying sign not to exceed two (2)
square feet in area; such signs shall not be directly illuminated.
Any wall sign, or the identifying sign of the medical marijuana dispensary
has no exterior wall sign, shall include the following language, “Only
individuals with a registration card issued by the state Department
of Public Health may obtain cannabis from medical marijuana dispensaries”.
The required text shall be a minimum of two (2) inches in height.
o.
All print
and electronic advertisements for facilities, including but not limited
to flyers, general advertising signs, and newspapers and magazine
advertisements, shall include that following language. “Only
individuals with a registration card issued by the state Department
of Public Health may obtain cannabis from medical marijuana dispensaries”.
Oral advertisements for medical cannabis dispensaries, including but
not limited to radio and television advertisements shall include the
same language.
p.
Facilities
shall provide the SPGA and all neighbors located within 500 feet of
the establishment with the name, phone number and email address of
an on-site community relations staff person to whom one can provide
notice if there are operating problems associated with the establishment.
q.
Facilities
may sell or distribute cannabis only to individuals possessing a medical
cannabis registration card issued by the state Department of Public
Health.
r.
All employees
of the facility shall be at least 18 years of age.
s.
No person
who is not at least 18 years of age shall be permitted on the premises
of a facility during the hours of operation unless that person is
a qualified patient or caregiver with a valid registration card issued
by the state Department of Public Health.
t.
Dimensional
requirements greater than the minimum required by this section.
u.
Screening
of parking areas or other parts of the premises from adjoining premises
or from the street by specified walls, fences, plantings or other
devices.
v.
Modification
of the exterior features or appearance of the structure.
w.
Limitation
of size, number of occupants, method and time of operation, and extent
of facilities, or duration of the permit.
x.
Regulation
of off-street parking or loading. The SPGA may require that adequate
parking be made available as a condition of the issuance of a special
permit, and it may impose such reasonable conditions and safeguards
as it deems appropriate.
y.
Requirements
for performance bonds or other security. Installation and certification
of mechanical or other devices to limit present or potential hazard
to human health, safety, or welfare of the city or of the environment
resulting from smoke, odor, particulate matter, toxic matter, fire
or explosive hazard, glare, noise, vibration or any other objectionable
impact generated by any given use of land.
z.
The police
department will have full access to security camera data and any other
security plan in order to make recommendation or requirements for
security of the premises.
9.
Required
Findings for Approval.
Before
granting a special permit, the SPGA, with due regard to the nature
and condition of all adjacent structures and uses, shall find all
of the following conditions to be fulfilled:
a.
The proposal
is in harmony with the general purpose and intent of this section
and the purposes of the zoning district and it will not be detrimental
to the health, safety or welfare of the neighborhood or the city.
b.
The proposal
is compatible with existing uses and development patterns in the neighborhood
and will be harmonious with the visual character of the neighborhood
in which it is proposed.
c.
The proposal
will not create a nuisance to the neighborhood due to impacts such
as noise, dust, vibration, or lights.
d.
The proposal
will not create undue traffic congestion nor impair pedestrian safety
and provides safe vehicular and pedestrian circulation within the
site.
e.
The proposal
ensures adequate space onsite for loading and unloading of goods,
products, materials, and equipment incidental to the normal operation
of the establishment or use.
f.
The proposal
will not overload any public water, drainage or sewer system or any
other municipal system to such an extent that the proposed use or
any existing use will create significant hazards to health, safety,
or the general welfare.
g.
The proposal
minimizes environmental impacts including erosion, siltation, detriment
to ground and/or surface water levels, or detriment to ground or surface
water quality.
h.
The facility
is fully permitted by all applicable agencies within the Commonwealth
of Massachusetts and is in compliance with all applicable state laws
and regulations.
1.
In the
case of retail sale or distribution, the facility is serving a measurable
demand for marijuana for medical use that is currently unmet within
the municipality
i.
The applicant
has not provided materially false documents of testimony.
j.
The applicant
has satisfied all of the conditions and requirements of subsections
entitled General Requirements and Conditions for All Registered Marijuana
Dispensaries and Special Permit Requirements.
10.
Decision.
As provided in G. L. c. 40A, §9, the grant of a special
permit shall be by a four-fifths vote. The SPGA may approve, approve
with conditions, or deny a special permit for the proposed development
project. Failure to obtain the necessary vote constitutes denial of
the special permit.
a.
The SPGA’s
findings, including the basis of such findings, shall be stated in
a written decision of approval, conditional approval or denial of
the special permit application. The written decision shall contain
the name and address of the applicant, identification of the land
affected and its ownership, and reference by date and title to the
plans that were the subject of the decision.
b.
The decision
of the SPGA, together with the detailed reasons therefor, shall be
filed with the city clerk and the building commissioner. A copy of
the decision shall be mailed by the SPGA to the applicant and to the
owner if other than the applicant certifying that a copy of the decision
has been filed with the city clerk and that all plans referred to
in the decision are on file with the SPGA. A notice of the decision
shall be sent to parties in interest and to persons who requested
a notice at the public hearing.
D.
Outside Consultant
and Review Fees.
1.
General;
Qualification of Consultant.
The SPGA may determine that
the size, complexity or impact of a proposed facility warrants the
services of one or more outside consultants, which may include, but
are not limited to engineers, planners and/or lawyers, for the purpose
of plan review, impact analysis, inspections, or other technical assistance
in relation to the proposal. Such professional shall be selected and
retained by the SPGA as provided in G.L. c44, Section 53G, with the
reasonable costs for consultant services to be paid by the application.
The minimum qualification of a consultant shall be either an educational
degree in or related to the field at issue or three or more years
of practice in the field at issue or a related field.
2.
Selection
of Consultant; Cost Estimate; Administrative Appeal.
The SPGA shall provide written notice to the applicant of the name
of the selected consultant(s) at least seven calendar days prior to
initiation of work by the consultant, unless this notice period is
waived in writing by the applicant. The estimate of the cost of the
services of such consultant shall be based upon the size and complexity
of the project and the number of reviews and meetings likely to be
required. The applicant may administratively appeal the selection
of the consultant(s) to the city council by filing notice with the
city clerk within five working days after the date of the SPGA’s
notice of its consultant selection, the grounds for such an appeal
being limited pursuant to G.L. c.44, Section 53G to the claim that
the proposed consultant has a conflict of interest or does not possess
the minimum required qualifications. The consultant shall not begin
work until any appeal has been decided or thirty (30) calendar days
have elapsed without a decision by the city council, in which case
the selection of the SPGA shall become final. Required time limits
for action by the SPGA upon an application shall be automatically
extended by the duration of any administrative appeal.
3.
Treatment
of Consultant Funds.
The funds shall be deposited by
the city treasurer into a special interest-bearing account as provided
by G.L. c. 44, Section 53G. The funds in the special account, including
accrued interest, shall be expended at the direction of the SPGA without
further appropriation; provided such funds are expended only in connection
with carrying out its responsibilities under this section. If the
unexpended balance falls below 30% of the initial estimate, or the
estimate is raised to pay for additional services deemed necessary
by the SPGA, the account shall be restored to its original level or
such lower level as determined to be reasonable and necessary by the
SPGA. Upon completion of the project and final payment of the outside
consultant(s), any unexpended balance, including accrued interest,
shall be repaid to the applicant or the applicant’s successor
in interest.
4.
Reports.
At the completion of any project for which consultant fees were
collected from an applicant, the SPGA shall provide a final report
of the consultant fee account to the applicant. The city auditor shall
submit annually a report of said special account to the SPGA, the
mayor and for their review. This annual report shall be published
in the Annual City Report and a copy shall be submitted by the city
auditor to the state Director of the Bureau of Accounts.
5.
Remedy.
Failure of an applicant to pay fees required hereunder (or any
other fees required in other parts of this ordinance) shall be grounds
for the SPGA to suspend or continue hearings or disapprove the application
for lack of information.
E.
Annual Reporting
1.
Requirements.
Each facility permitted in accordance with this ordinance shall
file an annual report to the SPGA and the city clerk no later than
January 31, providing a copy of all current applicable state licenses
for the facility and/or its owners and containing a statement under
the pains and penalties of perjury that answers each of the following
questions:
a.
The name
and address of each owner, manager, member, partner and employee of
the facility, and a statement indicating whether the application complies
with sections entitled General Requirements and Conditions for All
Registered Marijuana Dispensary and Special Permit Requirements.
b.
The source
of all marijuana that was sold or distributed at the facility.
c.
The source
of all marijuana that was cultivated, processed and/or packaged at
the facility.
d.
The quantity
of marijuana that was cultivated, processed and/or packaged at the
facility.
e.
If the
marijuana was cultivated, processed and/or packaged at the facility,
the name of each purchaser of said marijuana.
(C0187-18; C0401-16)
A.
Purpose and
intent.
Due to changing demographics and development
trends, affordable housing needs are expected to continue to increase
in the city. The purpose of this Section is to encourage development
of new housing that is affordable to low and moderate-income households.
Affordable housing produced through this regulation should be in compliance
with the requirements set forth in M.G.L. c. 40B §§ 20-24
and other affordable housing programs developed by state, county and
local governments.
It is intended that the affordable units created under this
Section be considered as local initiative units, in compliance with
the requirements for the same as specified by the Department of Housing
and Community Development, qualifying for inclusion in the city’s
subsidized housing inventory (“SHI”).
B.
Applicability.
In all zoning districts, the inclusionary zoning provisions
of this Section shall apply to:
1.
Any project
or series of projects that results, in the aggregate, in a total of
ten (10) or more dwelling units, whether by new construction or by
the alteration, expansion, reconstruction, or change of existing residential
or nonresidential space.
C.
Special permit.
The development of any project set forth in subsection (B) of this Section shall require the grant
of a special permit from the planning board. A special permit under
this Section shall be granted if the proposal meets the requirements
of this Section; provided, that nothing herein shall be intended to
limit the discretion of any special permit granting authority under
any other Section of this Zoning Ordinance.
D.
Affordable
units.
As a condition of approval of a special permit,
as required by subsection (C) of this
Section, the applicant shall contribute to the city’s affordable
housing opportunities in accordance with the following requirements:
1.
A number
of units at least equal to fifteen percent (15%) of the units in a
development subject to this Section shall be established as affordable
units in any one or combination of methods provided for below (“affordable
housing requirement”):
2.
The applicant
may offer, and the planning board may accept, any combination of the
methods of compliance set forth in subsections (D)(1)(a) and (b) of this
Section; provided, that in no event shall the total number of units
be less than the equivalent number or value of affordable units required
by this Section.
3.
As a condition
of the granting of a special permit, all affordable units shall be
subject to an affordable housing restriction and a regulatory agreement
in a form acceptable to the planning board, ensuring that the affordable
units shall remain affordable in perpetuity. The regulatory agreement
shall be consistent with any applicable guidelines issued by the Department
of Housing and Community Development and shall ensure that affordable
units can be counted toward the city’s SHI. The regulatory agreement
shall also address all applicable restrictions listed in subsection (I) of this Section. The special permit
shall not take effect until the restriction, the regulatory agreement
and the special permit are recorded at the Registry of Deeds and a
copy is provided to the planning board and the director of inspectional
services. Unless determined otherwise by the planning board or precluded
by state law or regulation, the monitoring agent shall be the Everett
Housing Authority.
4.
It shall
be the responsibility of the applicant to prepare and execute all
applications and forms necessary to ensure that the affordable units
are added to the city’s SHI.
5.
For projects
proposing a total of ten (10) or more dwelling units and where the
project site requires environmental remediation or is located within
a FEMA Flood District (or both), the planning board may, in its discretion,
reduce the affordable unit requirement to ten percent (10%) of the
total number of dwelling units in the development. For any site which
has a recorded activity and use limitation (AUL), a reduction of the
affordable unit requirement down to five percent (5%) of the total
number of dwelling units shall be automatic.
E.
Density Bonus
for Additional Affordable Units.
1.
To facilitate
the objectives of this Section, the planning board may approve waivers
of any dimensional restriction in this Zoning Ordinance in return
for the creation of affordable dwelling units in excess of the affordable
housing requirement. Any applicant requesting such waivers shall present
a baseline plan that demonstrates the number of units that could be
developed without the need for such waivers. The planning board may
approve waivers of such dimensional requirements (including setbacks,
height restrictions, floor area ratio requirements and parking requirements)
to allow for development of units in addition to the number depicted
on the baseline plan (“bonus units”); provided, that:
a.
The total
number of bonus units may not exceed fifty percent (50%) of the number
of units that would be permitted without the need for such waivers,
as shown on the baseline plan; and
b.
The affordable
housing requirement for the bonus units shall be twenty-five percent
(25%); and
c.
The planning
board shall affirmatively find that granting such waivers will not
be substantially more detrimental to the neighborhood than approval
of the baseline plan would be.
F.
Provisions
Applicable to Affordable Units on and Off Site.
1.
Siting
of Affordable Units.
Affordable units constructed or
rehabilitated on the project site shall if practicable be disbursed
throughout the development and shall be situated within the development
so as not to be in less desirable locations than market-rate units
in the development and shall, on average, be no less accessible to
public amenities, such as open space, than the market-rate units.
2.
Minimum
Design and Construction Standards for Affordable Units.
Affordable units shall be integrated with the rest of the development,
shall be of the same tenure type (i.e., rental or ownership) and shall
be compatible in design, appearance, construction, and quality of
materials with market-rate units. Interior features and mechanical
systems of affordable units shall conform to the same specifications
as apply to market-rate units.
3.
Mix of
Affordable Units.
The affordable units shall have an
equal and proportionate mix equal to the market-rate units. The affordable
units within the project shall be proportionally equal to the number
of market-rate studios, one-bedroom, two-bedroom and/or three-bedroom
units, etc., on site.
4.
Timing
of Construction or Provision of Affordable Units or Lots.
Where feasible, affordable units shall be developed (and certificates
of occupancy shall be issued) coincident to the development (and issuance
of certificates of occupancy) of market-rate units, but in no event
shall the development of (or issuance of certificates of occupancy
for) affordable units be delayed beyond the schedule noted below:
|
Market-Rate Unit (% Complete)
|
Affordable Housing Unit (% Required)
|
|---|---|
|
<30%
|
–
|
|
30% plus 1 unit
|
10%
|
|
Up to 50%
|
30%
|
|
Up to 75%
|
50%
|
|
75% plus 1 unit
|
70%
|
|
Up to 90%
|
100%
|
Fractions of units shall not be counted.
5.
Marketing
Plan for Affordable Units.
Applicants shall submit a
marketing plan to the planning board for its approval, which describes
how the affordable units will be marketed to potential home buyers
or tenants. This plan shall include a description of the lottery or
other process to be used for selecting buyers or tenants. The applicant’s
marketing plan shall comply with all requirements set forth in the
relevant regulations and guidelines of the Department of Housing and
Community Development.
G.
Provision
of Affordable Units Off Site.
The planning board may,
in its discretion, approve development of the affordable housing requirement
off site. All requirements of this Section that apply to on-site affordable
units shall apply to off-site affordable units. In addition, the location
of the off-site units to be provided shall be approved by the planning
board as an integral element of the special permit review and approval
process. In determining whether to approve such off-site development
of affordable units, the planning board shall consider the desirability
of the project site as compared to the proposed location for development
of the affordable units, with reference to such factors as the relative
access to public transit, proximity to schools, parks and other amenities,
and availability of parking. The burden shall be on the applicant
to demonstrate to the planning board’s satisfaction that the
goals of this Section will be served to an equal or greater degree
by off-site development of the affordable units, as compared to on-site
development of those units.
H.
Maximum Incomes
and Selling Prices – Initial Sale.
1.
To ensure
that only eligible households purchase affordable units, the purchaser
of an affordable unit shall be required to submit copies of the last
three (3) years’ federal and state income tax returns and certify,
in writing and prior to transfer of title, to the developer of the
housing units or his/her agent, and within thirty (30) days following
transfer of title, to the city’s Affordable Housing Trust, that
his/her or their family’s annual income level does not exceed
the maximum level as established by the Commonwealth’s Department
of Housing and Community Development, and as may be revised from time
to time.
2.
The maximum
housing cost for affordable units created under this Section is established
by the Commonwealth’s Department of Housing and Community Development,
Local Initiative Program, or as revised by the city.
I.
Preservation
of Affordability – Restrictions on Resale.
Each
affordable unit created in accordance with this Section shall have
limitations governing its resale through the use of a regulatory agreement
(see subsection (D) of this Section).
The purpose of these limitations is to preserve the affordability
of the unit in perpetuity and to ensure its continued availability
for affordable income households. The resale controls shall be established
through a restriction on the property and shall be in force in perpetuity.
1.
Right of
First Refusal to Purchase.
The purchaser of an affordable
unit developed under this Section shall agree to execute a deed rider
prepared by city, consistent with model riders prepared by Department
of Housing and Community Development, granting the city, among other
things, a right of first refusal to purchase the property in the event
that a subsequent qualified purchaser cannot be located.
2.
The planning
board shall require, as a condition of the special permit hereunder,
that the applicant complies with the mandatory set-asides and accompanying
restrictions on affordability, including the execution of the deed
rider required, above. The inspectional services department shall
not issue an occupancy permit for any affordable unit until the deed
restriction is recorded.
J.
Local Preference.
To the maximum extent permitted by law, including the regulations
of the Department of Housing and Community Development or any successor
agency, any special permit granted hereunder shall include a condition
that a preference for residents and employees of the city shall be
included as part of the lottery and marketing plan for the affordable
units. Residency shall be established through certification of the
city clerk based on census, voter registration or other acceptable
evidence.
K.
Fees.
The applicant shall be responsible for all consultant fees,
including engineering, architectural, legal, housing consultant and
planning fees, incurred by the planning board in connection with the
application, review of relevant plans and documents, and ensuring
that the affordable units are included on the city’s SHI.
L.
Conflict
with Other Ordinances.
The provisions of this Section
shall be considered supplemental of existing zoning requirements.
To the extent that a conflict exists between this Section and others,
the more restrictive provision(s) shall apply.
M.
Severability.
If any provision of this Section is held invalid by a court
of competent jurisdiction, the remainder of the Section shall not
be affected thereby. The invalidity of any subsection or subsections
or parts of any subsection or subsections of this Section shall not
affect the validity of the remainder of the city’s Zoning Ordinance.
N.
Order of
Filing.
If a project proposed under this Section also
requires approval by the City of Everett Zoning Board of Appeals,
application shall first be made to the planning board before seeking
zoning board approval so as to allow applicants to adjust pro-forma
schedules.
(Amended as part of October 2021 update; C0186-18)
A.
Purposes.
The purposes of the Commercial Triangle Economic Development
District are:
1.
To reduce
urban blight and discourage heavy industrial and other deleterious
land uses inconsistent with the city’s economic revitalization,
and to create a district that encourages more diverse and less industrial
economic development in the area.
2.
To encourage
economic development, job creation, private investment and to strengthen
the City of Everett tax base.
3.
To encourage
high-quality and high-density mixed-use development.
4.
To encourage
a diverse range of land uses compatible with a changing neighborhood.
5.
To provide
a greater range of residential development and housing options for
the residents of Everett with particular focus on the enhanced access
to mass transit routes offered by this neighborhood.
6.
To encourage
other commercial and retail uses to reflect the evolving market in
the City of Everett.
B.
Applicability.
1.
In accordance
with the above-stated purposes, and consistent with the purposes in
M.G.L. c. 40A and all acts in amendment thereof and in addition thereto,
and under the authority thereof and any other enabling laws, the construction,
alteration, repair, enlargement, movement, height, area, location
and use of buildings and structures and the use of land within this
CTEDD as shown on the zoning map of the City of Everett are hereby
regulated as herein provided. For parcels of land that are partly
within the City of Everett and partially within an abutting municipality,
this Section shall govern the uses and dimensions of land within the
City of Everett.
2.
Pursuant
to M.G.L. c. 40A, § 6, the provisions of this CTEDD shall not
apply to any existing buildings or structures, nor to the existing
use of any building, structure or premises. Alterations to the uses,
structures or dimensional requirements on lots within the CTEDD shall
be governed by this Section; provided, however, that any preexisting
outdoor use may be altered so as to enclose such use (thereby minimizing
impacts to the District), subject to site plan review pursuant to
Section 19.
3.
The City
of Everett owned or occupied structures and uses shall be exempt from
the provisions of the CTEDD.
C.
Relationship
to Other Ordinances.
Except where alternative requirements
are set forth in this Section, structures and uses allowed under the
CTEDD shall be subject to all applicable provisions of the Everett
Zoning Ordinance.
D.
District
Boundaries.
The Commercial Triangle is approximately
ninety-seven (97) acres in size roughly bounded by Revere Beach Parkway
to the north; the City of Chelsea to the east; the MBTA line to the
south; and Revere Street to the west, as more particularly depicted
on a plan entitled “Proposed Zoning Changes for Revere Beach
Parkway – Commercial Triangle Economic Development District,”
dated June 7, 2018, on file with the city clerk.
E.
Use Regulations.
1.
Uses Allowed
by Right.
a.
Mixed-use
(residential and commercial) developments, subject to the following:
i.
The
development must include a minimum of twelve and one half (12.5) square
feet of retail, office, and/or restaurant space per residential unit.
Any such commercial component must involve on-site employees and may
not be comprised of ATM kiosks, vending machine areas or other similar
uses. Further, rental or sales offices dedicated to marketing, leasing
or selling units within the development shall not count toward the
required commercial component.
ii.
A
mixed-use development may be comprised of one (1) or more buildings
on one (1) or more parcels, providing such parcels abut one another
and/or are directly across the street from one another, and the required
commercial component, parking and other development features and amenities
may be distributed among such parcels, subject to site plan review
and approval.
b.
Business
office, bank and financial services up to fifteen thousand (15,000)
square feet of gross floor area per lot.
c.
Research
and development facilities, including laboratories, up to fifteen
thousand (15,000) square feet of gross floor area per lot.
d.
Retail,
involving on-site sales of goods and services to customers, up to
fifteen thousand (15,000) square feet of gross floor area per lot.
e.
Inside
entertainment or recreation venue, up to fifteen thousand (15,000)
square feet of gross floor area per lot.
2.
Uses allowed
by special permit from the planning board.
a.
Multifamily
residential developments; provided, that the minimum density of such
a development shall be fifty (50) units per acre, which density requirement
shall be prorated based upon the size of the development parcel.
c.
Restaurant
and fast order food establishment, as defined in Section 30, Appendix C. The planning board may approve
a drive-through window in conjunction with such use.
d.
Business
office, bank and financial services in excess of fifteen thousand
(15,000) square feet of gross floor area per lot.
e.
Research
and development facilities, including laboratories, in excess of fifteen
thousand (15,000) square feet of gross floor area per lot.
f.
Retail,
involving on-site sales of goods and services to customers, in excess
of fifteen thousand (15,000) square feet of gross floor area per lot.
g.
Entertainment
or recreation venue, involving outdoor entertainment and recreation
and/or in excess of fifteen thousand (15,000) square feet of gross
floor area per lot.
h.
Commercial
parking lot not accessory to a permitted primary use.
3.
Prohibited
Uses and Exempt from Use Variances.
Uses not specifically
allowed are prohibited and no variance may be issued to allow such
use. The following is a non-exclusive list of uses that are specifically
prohibited:
a.
Adult
entertainment;
b.
Self-storage;
c.
Contractor
yard;
d.
Warehouse,
trucking terminal or storage facility;
e.
Fuel station;
f.
Automobile
repair or service station;
g.
Automobile
parts distribution or sales facility;
h.
Scrap
or junk yard or recycling facility;
i.
Outside
manufacturing or processing;
j.
Smoke
shop, hookah bar, cigar bar and/or vape shop;
k.
Tattoo,
piercing parlor;
l.
Gun shop;
n.
Pawnbroker;
o.
Trailer
and mobile homes;
p.
Check
cashing/payday lending facility;
q.
Billboards;
r.
Animal
slaughterhouse.
F.
Dimensional
Requirements.
1.
Frontage:
fifty (50) feet.
2.
Front yard:
none required.
3.
Side yard:
ten (10) feet; provided, that the planning board may reduce the side
yard requirement to four (4) feet by special permit.
4.
Rear yard:
five (5) feet.
5.
Height.
All buildings shall be limited to a maximum of eighty-five (85)
feet. Other structures on the roof shall not count towards the height
unless the area of such structures exceeds thirty-three percent (33%)
of the area of the roof or any enclosed structure or mechanical equipment
exceeds twelve (12) feet in height. The height of any building may
be increased to a maximum of one hundred (100) feet upon the grant
of a special permit.
6.
FAR (floor
area ratio).
The floor area ratio shall not exceed 3.5:1;
provided, that the planning board may increase allowable FAR up to
6:1 by the grant of a special permit.
7.
Minimum
Open Space.
A minimum of fifteen percent (15%) of the
land area of a development site shall be retained as open space, which
shall be defined as set forth in Section 30, Appendix C, and shall not include areas reserved for parking
or vehicular travel. The planning board may approve a reduction of
this open space requirement by special permit. Reasons for issuance
of such a special permit may include the provision of nearby, off-site
open space or the provision of on-site amenities such as common roof
decks or gardens.
(Ord. C0069-20; amended as part
of October 2021 update)
a.
Purposes.
The purposes of developing this section are:
c.
Use Regulations.
1.
No residential
unit shall operate as a short-term rental without first receiving
a license from the board of license commissioners.
2.
The use
of a residential unit as a short-term rental for residential occupancy
for a fee by a person or persons shall be limited to 31 consecutive
calendar days.
3.
A valid short-term rental license shall last for 1 year, automatically expiring on December 31st. To continue operation as a short-term rental, the operator must apply for a renewal, the process for which is detailed in Chapter 12, Article XIV, Division 2, “Short-Term Rental Licenses.”
4.
The operator
of a short-term rental must abide by and adhere to any and all conditions
on the short-term rental license given by the board of license commissioners.
5.
No new construction
for the sole purpose of short-term rentals shall be allowed, with
a 20 percent maximum of condos or rental units allowed to be used
as short-term rentals in large scale residential building which will
be allowed on a first come first serve basis in each building.
(Ord. C0360-20; amended as part
of October 2021 update)
a.
Purpose and
Definitions.
1.
Purpose.
a.
The purpose
of this section is to describe the required elements of participation
in transportation demand management (TDM) programs in the city.
b.
TDM participation
is intended to prevent, reduce and mitigate the impacts of development
on parking demands, the city’s transportation system, neighborhood
livability, public safety and the environment.
c.
TDM programs
provide residents, employees and visitors with information and incentives
to reduce drive-alone vehicle travel to achieve the city’s parking
and transportation goals. These are all objectives of the Everett
transportation strategy plan, which serves as a cornerstone for all
decisions related to transportation in the city. This section will
serve as 1 component of implementing that plan’s recommendations.
2.
Definition
of Terms.
The following
are standard terms to be used throughout this section and are defined
accordingly. They may also apply to other city ordinances and actions.
a.
“Applicant”
refers to the individual or entity, and their successor or assigns,
proposing a development to the city, including without limitation
any city department, employee, committee, commission, board, or council,
for its review, approval and permitting. Trustees of any condominium
association are successors or assigns of the applicant for that development.
b.
“City”
refers to the government of the city of Everett, including without
limitation any city department, employee, committee, commission, board
or council.
c.
“Contributions”
refers to monetary payments, credit agreements or in-kind resource
dedication that an applicant or its appointed designee must make to
the city or to the city’s appointed partner organization providing
TDM services on a recurring, scheduled basis as set forth in the applicant’s
site plan approval with the city.
d.
“Development”
refers to a specific project or phase of a project, requiring the
approval and permitting of the city and potentially other public agencies
of the Commonwealth of Massachusetts.
e.
“Everett
transportation strategy plan” or “transportation master
plan” refers to the city’s transportation strategy plan,
as it may from time to time be amended, for the overall management
of transportation systems for the city, which may include actions
or recommendations that fall outside the bounds of this section but
that broadly supports TDM as a mobility strategy for the city.
f.
“Members”
and “membership” refer to active participation in a transportation
management association.
g.
“TDM
services” refers to any combination of parking, transportation,
or mobility related programs, products, software platforms or applications,
operating services, or other resources used in the city’s efforts
to reduce drive-alone vehicle trips or to mitigate a development’s
impacts on the transportation system arising from vehicle access and
use.
h.
“Transportation
demand management” or “TDM” refers to the broad
set of parking and transportation planning policies, strategies, and
actions generally employed by the city, intended to reduce single-occupant
vehicle trips and vehicle access and roadway demand related to developments,
or more broadly throughout the city in general.
i.
“Transportation
demand management plan” or “TDM plan” is a document
required of an applicant as part of the site plan review and approval
process for a development that meets 1 or more of the section’s
applicability thresholds. The TDM plan shall include specific TDM
services that mitigate the transportation and parking impacts of the
development and identify overall TDM goals.
j.
“Transportation
management association” or “TMA” refers to an organization,
which may or may not be a division of the government of the city,
responsible, at a minimum, for:
1.
Advisory
services to applicants or their appointed designees on the development
of a TDM plan;
2.
Peer
review and oversight of TDM plans;
3.
Recommendations
to city staff on TDM plans and their approval or refinement; and
4.
Maintenance
of a comprehensive inventory of TDM plans, including periodic monitoring
and reporting to the city of the effectiveness of these plans and
compliance to their terms and requirements.
5.
Providing
and promoting joint TDM services for its dues paying members.
b.
Applicability,
Zoning Relief and Site Plan Review.
1.
Thresholds
for Compliance with This Section.
Each applicant proposing
a development that meets at least 1 of the 4 thresholds set forth
in the following subsections shall be subject to and comply with this
section:
a.
Development
Intensity.
All developments that include, at minimum,
any 1 of the following as principal or accessory uses:
b.
Access
Constraints.
Significant limits to site access that place
substantial transportation burden on a small portion of the city transportation
network, as determined by the planning director or his/her designee
and identified generally in the user guide.
c.
Total
Number of Trips.
Any development generating at least
500 total daily trip ends, regardless of the intensity of any individual
uses within that development, according to the then most current version
of the Institute of Traffic Engineers Trip Generation Manual.
d.
Parking
Provided Above or Below Ordinance Minimum Requirements.
A development that proposes to provide a number of vehicle parking
spaces below or above the parking requirements set forth in the city’s
Zoning Ordinance.
2.
Notwithstanding
anything to the contrary set forth in this section, exclusively residential
developments proposing to result in the creation of less than 10 total
residential units on a lot are exempt from this section. If the proposed
development will bring the total number of residential units on the
lot to 10 or more, this section shall apply.
3.
Notwithstanding
anything to the contrary in this Zoning Ordinance, including Section 3(Q), this section shall apply to qualifying
developments for which the city is an applicant.
4.
Each development
that is subject to this section shall require site plan review and
approval by the planning board pursuant to Section 19.
a.
Prior
to approval of any application for site plan review, the planning
board shall review for compliance with this section and may include
conditions of approval designed to ensure that compliance.
b.
Said application
shall include, at a minimum, a proposed TDM plan for the development
and a project description.
1.
The
project description shall include trip generation estimates and proposed
vehicle and bicycle parking.
2.
The
description may include phased development to occur for a period of
up to 10 years or the specific timeline requirements the city has
established for impact analysis, whichever is greater.
5.
No parking
variance or special permit authorizing a reduction in the number of
required off-street parking spaces shall be required for any development
that meets 1 or more of the aforesaid thresholds and proposes to provide
less than the required number of parking spaces for that development.
6.
The zoning
board of appeals may not grant a variance from compliance with the
requirements of this section.
7.
Preapplication
Conference (Nonmandatory).
An applicant subject to this
section may request to meet with city staff or their designee prior
to submittal of a site plan application for guidance on compliance
herewith, TDM plans, TMA membership obligations, as well as potential
TDM services.
c.
TDM Requirements.
1.
Transportation
Management Association (TMA) Membership.
a.
Size
Thresholds for Required Membership.
1.
Each
applicant for a development subject to this section shall secure,
and maintain for the life of the development, on behalf of that development,
membership in the TMA at a level related to its occupancy status and
permit requirements per the membership schedule on file with the planning
director or designee.
2.
TMA
membership requirements are expanded based on a development’s
receipt of a certificate of occupancy or additional permitting required
beyond that required by the city.
b.
Fee Schedule
for Membership Contributions.
1.
An applicant
or designee must make an initial payment, pro-rated on a partial-year
basis, by the first date of the calendar month after approval of the
site plan review application and must continue to make payments by
January 1 of a calendar year to the TMA as long as any certificate
of occupancy, business license, or other form of active permitting
is in effect.
2.
Payments
must be made on an annual basis.
3.
Payments
will follow a fee schedule on file with the city planning director
or designee.
2.
Absence
of a TMA.
a.
In the
event that the city has not designated a TMA, that a designated TMA
is dissolved or otherwise ceases to exist, or that a TMA does not
provide services directly in the city, applicants subject to this
section shall be required to meet the requirements of this section
through TDM plans.
b.
In these
circumstances, any requirements for written agreements between an
applicant and the TMA that the city has included as part of its ordinances
would be waived until such time as the city requests that the applicant
join a newly created or revived TMA.
3.
Independent
Implementation of TDM Strategies and Enhancements.
a.
An applicant
or designee may elect to provide its own TDM services beyond those
made available by the TMA at any given time. Examples may include,
but not be limited to, circulator or other passenger transportation
services or provision of shared bicycles or other personal mobility
devices.
b.
An applicant
may provide physical infrastructure contributions that broadly support
TDM, but these contributions will not exempt an applicant subject
to this section from TMA membership.
c.
All services
or infrastructure provided in this manner shall be open to any users
wishing to use them and shall meet all requirements for public services
in the Americans with Disabilities Act (ADA).
d.
Upon such
time that the city or TMA offer similar comparable services on the
scale of a larger district or geographic area above and beyond the
development, the applicant or designee is encouraged to pay a fair-share
contribution to these services instead of continuing to operate its
own service.
4.
Calculation
of Impact (Points) and TDM Plans.
a.
Proposed
developments will be assigned an impact score based on the amount
of parking, trip generation, and traffic impact their developments
are estimated to generate.
b.
Each applicant
must document this impact score in the TDM plan filed with its site
plan application.
c.
The impact
score will be based on the schedule of TDM impacts on file with the
city planning director or designee.
5.
Calculation
of TDM Credits.
a.
The city
will accept TDM strategies as having different levels of effectiveness
in mitigating transportation impacts referenced in subsection (c)(4) of this section.
b.
Applicants
must include a combination of TDM strategies in TDM plans that provide
a total credit score equal to or greater than the development’s
impact score. These will be based on scores detailed in a schedule
of TDM credits on file with the city planning director or designee.
6.
Upper Limits
to TDM Obligations Under This Section.
The city may,
at its sole discretion, set an upper limit to the degree to which
any applicant must mitigate the impact score for a development, as
defined in subsection (c)(4) of this
section, with a credits score derived from TDM measures that would
be incorporated into a TDM plan.
a.
This upper
limit, if it is defined, will apply to all applications and developments
subject to this section, and an applicant will only be responsible
for providing TDM services that represent credits score equal to this
upper limit.
b.
If a development
has incurred an impact score exceeding this upper limit, the city
may request other contributions to infrastructure, services, or other
public assets of the city in a way that mitigates the impact represented
in that portion of the impact score. This shall be based on a rational
nexus between the nature of the impact and the mitigation being requested
or offered.
d.
Occupancy,
Monitoring and Reporting Requirements.
1.
Program
Delivery Timeline.
a.
Any infrastructure
contributions and service contracts that constitute part of an applicant’s
initial TMA contributions must be completed and/or presented to the
city prior to a certificate of occupancy.
2.
Reporting
Options.
An applicant or
designee must complete 2 of the following and submit along with annual
contributions by January 1 of the first full calendar year after receiving
a certificate of occupancy, and every calendar year after, during
the time this section is in effect:
a.
Employee/Resident
Mode Share Survey.
This survey should provide information
(as comprehensive as possible) on the principal means of access to
the development by employees, residents, or other principal users.
b.
Annual
Traffic Count and Analysis.
1.
Applicant
may submit a traffic count demonstrating that vehicular traffic volumes
substantially related to the development have not increased beyond
those documented as part of a TDM plan.
2.
Applicants
must propose a methodology for this analysis and the analysis must
be completed by a professional engineer or other certified transportation
professional.
c.
TMA program
participation report, providing detail on the development’s
level of participation in TMA programs.
3.
Not Meeting
TDM Plan Commitments and Goals.
a.
If a development’s
reporting shows that it does not meet the commitments and goals set
forth in its approved TDM plan, such as exceeding acceptable traffic
impact or failing to meet travel mode shift goals defined in the TDM
plan, the applicant or designee will revise its TDM plan in partnership
with the TMA (or planning director or designee in event there is no
TMA) to incorporate additional TDM measures and incentives.
b.
Any such
revised plans must be submitted to the city within 90 days of the
initial reporting for that calendar year.
c.
In the
event that an applicant and the TMA (or planning director or designee)
reach agreement on additional TDM services those additional TDM services
shall be treated as a condition of the approved TDM plan and site
plan approval.
d.
In the
event that an applicant and the TMA (or planning director or designee)
are unable to reach agreement on additional TDM services, the applicant
shall apply to the planning board to amend its TDM plan and site plan
approval to include new or alternative TDM services that will result
in the applicant meeting its TDM plan goals and commitments.
4.
The planning
director or designee shall have the authority, but not the obligation,
to authorize the substitution of 1 or more TDM services so long as
total credit score contained in the approved TDM plan meets or exceeds
the approved impact for the development. Any approved substitution
shall be treated as a condition of the approved TDM plan and site
plan approval.
e.
Compliance
and Enforcement.
1.
Notice
of Noncompliance.
The planning director, building commissioner
or designee may issue a notice of noncompliance with any requirement
of this section, an approved TDM plan or any TDM related conditions
included in the site plan approval for a development subject to this
section, 60 days after such noncompliance is noted.
2.
Voluntary
Compliance Request Period.
Upon notice of noncompliance,
the city will allow an applicant or designee a period of up to 30
days to correct noncompliance or to provide a written request to the
planning director, TMA (if any exists), or other appointed designee
that applicant or designee wishes to correct noncompliance with technical
assistance of the TMA or if none exists, to seek technical assistance
from the planning director or designee.
3.
Enforcement.
In the event of noncompliance that is not corrected within the initial 60-day period in subsection (e)(1) of this section and the 30-day compliance request period of subsection (e)(2) of this section or any other violation of this section or any site plan approval issued hereunder, the city, acting through the planning director or building commissioner, may, as an alternative to criminal prosecution, elect to use the noncriminal disposition procedure set forth in MGL c.40, §21D including issuance of a fine of three hundred dollars ($300.00) per day for each day a violation continues and may seek any other remedies available at law or in equity to enforce this section or any condition of any site plan approval issued hereunder.
f.
Severability.
The provisions of this section are severable. If any provision
of this section is held invalid, the other provisions of this section
shall not be affected thereby. If the application of this section
or any of its provisions to any person or circumstance is held invalid,
the application of this section and its provisions to other persons
and circumstances shall not be affected thereby.
