[Amended 9-12-2011 FTM; 4-9-2012 ATM; 9-17-2018 FTM; 5-16-2022 STM; 9-12-2022 FTM]
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 productions, may be permitted upon the issuance of a special permit by the Zoning Board of Appeals, provided that the Zoning Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.
[Amended 4-5-2025 ATM by Art. P; 9-8-2025 FTM by Art. V; 9-8-2025 FTM by Art. I; 9-8-2025 FTM by Art. W]
A. 
In case of a difference between the terms and conditions in this § 400-15 in Article V, the terms and conditions in the other sections in Article V shall govern.
B. 
Definitions of the abbreviations for Zoning Districts are given in § 400-11.
"Y" means use or structure permitted as of right.
"SP" means use or structure permitted only by grant of a special permit by the Zoning Board of Appeals.
"N" means use or structure not permitted.
Principal Permitted Uses and Structures
Uses
Zoning Districts
SRAA and SR
RA
R
SMR
G
D
I. Residential
A.
One family detached dwelling (limited to one single-family dwelling unit per lot)
Y
Y
Y
Y
Y
Y
B.
The conversion of a dwelling that existed prior to July 14, 1951 (the date of the adoption of the Single Residential District), into a two-family dwelling, provided that the lot for the dwelling contains not less than the square feet of land area required in the Schedule of Area and Dimensions in Article IV, § 400-18
Y
Y
Y
Y
Y
Y
C.
The conversion of a dwelling into a two-family dwelling, provided that the lot for the dwelling contains not less than the square feet of land area required in the Schedule of Area and Dimensions in Article IV, § 400-18
N
Y
Y
Y
Y
Y
D.
The construction of a two-family dwelling, provided that the lot for the dwelling contains not less than the square feet of land area required in the Schedule of Area and Dimensions in Article IV, § 400-18
N
SP
Y
Y
Y
Y
E.
One protected use ADU per lot
Y
Y
Y
Y
Y
Y
F.
The conversion of any existing dwelling into a two-family or a multiple dwelling with not more than 4 dwelling units, or an inn, provided that the size of the building shall not be increased by more than 10% of the area which was originally used for habitation; or act on anything relative thereto
N
N
SP
SP
SP
SP
G.
New townhouses and other multiple dwellings, not to exceed 4 dwelling units in any 1 structure, provided that there is a minimum of 10,000 square feet of land area for each dwelling unit
N
N
N
SP
SP
SP
H.
The conversion or new construction of a mixed-use building with no more than 4 residential units in the building
N
N
N
N
N
Y
II. Educational, Institutional, Recreational and Agricultural Uses
A.
Educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation
Y
Y
Y
Y
Y
Y
B.
Churches and buildings for religious purposes
Y
Y
Y
Y
Y
Y
C.
Private clubhouse, meeting halls and lodge rooms to be used by fraternal or other organizations
N
N
N
N
N
SP
D.
The use of land for the primary purpose of agriculture, horticulture or floriculture
Y
Y
Y
Y
Y
N
E.
Child-care center/day care
Y
Y
Y
Y
Y
Y
F.
Group homes
Y
Y
Y
Y
Y
Y
G.
Transitional housing
Y
Y
Y
Y
Y
Y
III. Governmental and Public Service Uses
A.
Transportation services, including railroad stations, bus passenger stations, bus terminals
N
N
N
N
N
SP
IV. Retail Business and Consumer Service Uses
A.
The office of a doctor or dentist or the member of a recognized profession residing on the premises, providing there is no display or advertising except for a sign of not more than 3 square feet
Y
Y
Y
Y
Y
SP
B.
Art studio, provided it does not cause noise, undue commotion or traffic which is detrimental to a residential neighborhood
Y
Y
Y
Y
Y
Y
C.
The taking of boarders or the leasing of rooms by the person or persons residing on the premises, provided that there is no sign or display to advertise such use
SP
SP
Y
Y
Y
Y
D.
Guesthouses, provided that there is no sign or display to advertise such use, except that 1 sign of not more than 3 square feet may be used
N
N
Y
Y
Y
Y
E.
Galleries or studios for the instruction, practice and recital of musical instruments, voice, drama and dance, provided that such work is not detrimental to the neighborhood because of noise or vibrations
N
N
SP
Y
Y
Y
F.
Greenhouses and nurseries: A greenhouse or nursery may also sell products and items usually associated therewith
N
N
SP
Y
Y
N
G.
Stores, salesrooms, or showrooms for the conduct of a retail business, such as clothing and antiques, excluding, however, the display or sale of motor vehicles
N
N
N
Y
Y
Y
H.
Personal service retail shops, such as a barber, hairdresser, photographic studios, professional offices or agencies, collection stations for laundry or dry cleaning
N
N
N
Y
Y
Y
I.
Shops for custom work such as by a dressmaker, furrier, interior decorator, milliner, or tailor
N
N
N
Y
Y
Y
J.
Shops for custom work, such as a shop for a cabinetmaker, job printer, repair of household appliances or furnishings, shoemaker, blacksmith, upholsterer or woodworker, provided that such work is not detrimental to the neighborhood because of noise, odors or vibrations
N
N
N
Y
Y
SP
K.
Any of the following service establishments dealing directly with the consumer: repair shops for motor vehicles (provided that all work is performed within a building), service stations, and similar services that cannot be performed entirely indoors
N
N
N
SP
Y
SP
L.
Retail display and sale of motor vehicles
N
N
N
SP
N
N
M.
Craft shops such as frame shops, artists' studios, shops fabricating wearing apparel or accessories
N
N
N
N
Y
Y
N.
Business or professional offices or agencies, banks or other financial institutions
N
N
N
N
Y
Y
O.
Food service establishments that sell over a counter, such as bakeries, coffee shops, ice cream shops
N
N
Y
Y
Y
Y
P.
Restaurants or other eating places serving food only to persons seated at tables or counters, provided no mechanical or live entertainment is regularly furnished
N
N
N
N
Y
Y
Q.
Funeral homes
N
N
N
SP
Y
N
R.
Indoor theatres
N
N
N
N
SP
Y
S.
Nonmedical marijuana establishments
N
N
N
N
N
N
T.
After September 8, 2025: Conversion of existing first floor retail art studio (IV.B), gallery or studio for music (IV.E), stores or salesroom (IV.G), personal service shop (IV.H), shop for custom work (IV.I), craft shop (IV.M), business or professional office (IV.N), food service establishment (IV.O), restaurant (IV.P), or indoor theater (IV.R) to a residential use
Y
Y
Y
Y
Y
N
U.
After September 8, 2025: Conversion of an existing first floor home professional office (IV.A) to a residential use
Y
Y
Y
Y
Y
SP
V. Commercial and Industrial Uses
A.
Lumber and fuel establishments
N
N
N
SP
Y
N
B.
Industrial buildings, including processing, fabricating, and assembly plants and manufacturing operations, provided they do not cause noise, odors, undue commotion or traffic which is detrimental to the neighborhood. The use of any land or building for the operation of the industry known as "fish dehydration," fish processing or the manufacture of "by-products," so-called, from fish or fish waste, or the storage of such products is not permitted
N
N
N
SP
Y
N
C.
Parking lots for commercial vehicles
N
N
N
N
SP
N
D.
Industrial buildings, including processing, fabricating and assembly plants and manufacturing operations
N
N
N
N
SP
N
E.
Wholesale business establishments
N
N
N
N
SP
N
F.
Research laboratories
N
N
N
N
SP
N
G.
Contractor storage and repair facilities
N
N
N
SP
SP
N
H.
Boatyards on lots of greater than 10,000 sf, in buildings approved by the Fire and Building Inspectors or in open-air yards, providing that such lots have 1 waterfront boundary and that vessels, floats, and lifts, or cranes shall not be stored in the setbacks as specified in § 400-18
N
N
N
N
SP
N
I.
Boat yards on lots of less than 10,000 sf or lacking waterfront boundaries
N
N
N
N
SP
N
J.
New construction or manufacture of vessels, or parts thereof, or other marine structures of wood, metal, and plastic-impregnated laminates in buildings or in open-air yards
N
N
N
N
SP
N
VI. Permitted Accessory Uses and Structures
A.
Gainful home occupation (including a reasonable display of goods), provided that there is no advertising sign except for a small announcement sign having an area of not more than 3 square feet, and further provided that such occupation shall be carried on only by the person residing upon the premises
Y
Y
Y
Y
Y
Y
B.
The occupation of a member of a recognized profession, trade, or service residing on the premises, and conducting the occupation primarily off the premises, providing there is no display or advertising except for a sign of not more than 3 square feet; and that occupation does not cause noise, undue commotion or traffic which is detrimental to a residential neighborhood and there are no more than 2 vehicles (business-related) on the premises at any time
Y
Y
Y
Y
Y
Y
C.
Accessory uses normally associated with a one-family detached dwelling, provided that such accessory uses are not detrimental to a residential neighborhood
Y
Y
Y
Y
N/A
Y
D.
Accessory uses normally associated with the permitted use allowed on each lot, provided that such accessory uses are not detrimental to a residential neighborhood
N
Y
Y
Y
N/A
SP
E.
Such light manufacturing as is incidental to and usual in connection with any permitted uses on the same premises, provided that such light manufacturing is not detrimental to the neighborhood because of noise, odors or vibration
N
N
N
N
Y
N
F.
Such storage of materials, equipment and merchandise as is incidental to and usual in connection with any permitted uses on the same premises
N
N
N
N
Y
N
[Amended 4-5-2025 ATM by Art. P]
A. 
Definitions.
BUILDING CODE
The Massachusetts State Building Code, 780 CMR.
COMMUTER RAIL STATION
Any commuter rail station operated by a transit authority with year-round service, with trains departing at regular time intervals, rather than intermittent, seasonal, or event-based service.
DESIGN STANDARDS
Clear, measurable and objective provisions of zoning, or general ordinances or by-laws, which are made applicable to the exterior design of, and use of materials for, an ADU.
DWELLING UNIT
A single housing unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
EOHLC
The Executive Office of Housing and Livable Communities.
FIRE CODE
The Massachusetts State Fire Code, 527 CMR 1.00: Massachusetts Comprehensive Fire Safety Code.
GROSS FLOOR AREA
The sum of the areas of all stories of the building of compliant ceiling height pursuant to the Building Code, including basements, lofts, and intermediate floored tiers, measured from the interior faces of exterior walls or from the center line of walls separating buildings or dwelling units, but excluding crawl spaces, garage parking areas, attics, enclosed porches and similar spaces. Where there are multiple principal dwellings on the lot, the GFA of the largest principal dwelling shall be used for determining the maximum size of a protected use ADU.
HISTORIC DISTRICT
A district in a municipality established pursuant to MGL c. 40C or other state law that is characterized by the historic or architectural significance of buildings, structures, and sites, and in which exterior changes to and the construction of buildings and structures are subject to regulations adopted by the municipality pursuant to MGL c. 40C or other state law.
LOT
An area of land with definite boundaries that is used, or available for use, as the site of a structure, or structures, regardless of whether the site conforms to requirements of zoning.
MODULAR DWELLING UNIT
A predesigned dwelling unit assembled and equipped with internal plumbing, electrical or similar systems prior to movement to the site where such dwelling unit is affixed to a foundation and connected to external utilities; or any portable structure with walls, a floor, and a roof, designed or used as a dwelling unit, transportable in one or more sections and affixed to a foundation and connected to external utilities.
MUNICIPALITY
Any city or town subject to the provisions of MGL c. 40A.
PRINCIPAL DWELLING
A structure, regardless of whether it, or the lot it is situated on, conforms to zoning, including use requirements and dimensional requirements, such as setbacks, bulk, and height, that contains at least one dwelling unit and is, or will be, located on the same lot as a protected use ADU.
PROHIBITED REGULATION
Zoning or general ordinances or by-laws, or municipal regulations that are prohibited pursuant to 760 CMR 71.03(2).
PROTECTED USE ACCESSORY DWELLING UNIT (ADU)
(1) 
A self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities, on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that:
(a) 
Maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling, sufficient to meet the requirements of the Building Code for safe egress;
(b) 
Is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller; and
(c) 
Is subject to such additional restrictions as may be imposed by a municipality, including, but not limited to, additional size restrictions, and restrictions or prohibitions on short-term rentals as defined in MGL c. 64G, § 1; provided, however, that no municipality shall unreasonably restrict the creation or rental of an ADU that is not a short-term rental.
(2) 
An attached or detached ADU that is located, or is proposed to be located, on a lot in a single-family residential zoning district and is protected by MGL c. 40A, § 3, provided that only one ADU on a lot may qualify as a protected use ADU. An ADU that is nonconforming to zoning shall still qualify as a protected use ADU if it otherwise meets this definition.
SHORT-TERM RENTAL
As defined in MGL c. 64G, § 1, an owner-occupied, tenant-occupied or non-owner-occupied property, including, but not limited to, an apartment, house, cottage, condominium or a furnished accommodation that is not a hotel, motel, lodging house or bed-and-breakfast establishment, where at least one room or unit is rented to an occupant or suboccupant; and all accommodations are reserved in advance; provided, however, that a private owner-occupied property shall be considered a single unit if leased or rented as such.
SINGLE-FAMILY RESIDENTIAL DWELLING
A structure on a lot containing not more than one dwelling unit.
SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT
Any zoning district where single-family residential dwellings are a permitted or an allowable use, including any zoning district where single family residential dwellings are allowed as-of-right or by special permit.
SITE PLAN REVIEW
A review process, as outlined in the Town of Rockport Zoning By-law, Article XIV, which involves review and imposition of terms and conditions on the appearance and layout of a proposed use of land or structures prior to the issuance of a building permit.
SPECIAL PERMIT
A permit issued by a municipality's special permit granting authority pursuant to MGL c. 40A, § 9.
TRANSIT AUTHORITY
The Massachusetts Bay Transportation Authority established by MGL c. 161A, § 2, or other local or regional transit authority established pursuant to MGL c. 161B, § 3, or MGL c. 161B, § 14.
TRANSIT STATION
A commuter rail station.
UNREASONABLE REGULATION
Zoning or general ordinances or by-laws, or municipal regulations that are unreasonable pursuant to 760 CMR 71.03(3).
ZONING DISTRICT
A geographic area within a municipality which, pursuant to zoning, is subject to use and structure requirements that are uniform within the area.
ZONING ORDINANCES AND BY-LAWS
Including base, underlying, and overlay zoning, adopted by cities and towns to regulate the use of land, buildings and structures to the full extent of the independent constitutional powers of cities and towns to protect the health, safety and general welfare of their present and future inhabitants.
B. 
Regulation of protected use ADUs in single-family residential zoning districts.
(1) 
Protected use ADUs applicability:
(a) 
Protected use ADUs are deemed to be either within or detached from an existing or new single-family, duplex or multifamily dwelling.
(b) 
Protected Use ADUs within an existing or new single-family, duplex or multifamily dwelling may be authorized by the Building Inspector with the issuance of a building permit when the conditions and requirements have been met.
(c) 
Protected use ADUs in an accessory structure detached from an existing or new single-family, duplex or multifamily dwelling may be authorized by the Building Inspector with the issuance of a building permit when the conditions and requirements have been met.
(2) 
General requirements:
(a) 
The Protected use ADU shall be a complete, separate dwelling unit that contains both permanent kitchen and bathroom and has its own means of egress.
(b) 
No more than one protected use ADU may be created on a lot. There shall be no more than two dwelling units on a single-family lot.
(c) 
The total number of bedrooms in the primary dwelling and the protected use ADU combined may not exceed the capacity of the permitted septic system, per Title 5 requirements.
(d) 
The existing house and the protected use ADU shall comply with all applicable health, safety, building and other applicable codes in effect at the time of the granting of the building permit, and of any special permit where applicable.
(e) 
An attached or detached protected use ADU unit shall meet the setback requirements of an accessory structure, as well as other applicable dimensional controls, except by special permit from the Planning Board.
(f) 
Utilities such as water, electric and gas necessary for the protected use ADU shall be extensions of the existing utilities serving the principal single-family dwelling.
(g) 
Attached or detached protected use ADUs to be located within a historic district within the Town of Rockport shall be subject to the local Historical Commission design standards for the district for a single-family residential dwelling. Permissions shall not be unreasonably withheld.
(h) 
One parking space shall be required for the protected use ADU shall be required[1] where the property is more than one-half mile from the train station, with no parking requirement for a property being within one-half mile of the train station. Required parking spaces shall be located so that both the principal dwelling unit and the protected use ADU shall have at least one parking space with direct and unimpeded access to the street without passing through a parking space designated to serve the other dwelling unit.
[1]
Editor's Note: So in original.
(i) 
Short-term rentals shall be not be allowed for protected use ADUs, with the following provisions to be applied:
[1] 
Short-term rentals are prohibited in protected use ADUs and may not be advertised or promoted on any internet platforms typically associated with short-term rentals;
[2] 
Before a certificate of occupancy is issued, the property owner of any protected use ADU shall register such property with the Building Inspector and provide written certification attesting that the protected ADU shall not be used for short-term rentals;
[3] 
To ensure continued compliance with the requirements of this section by the current as well as by any subsequent owners, prior to using or obtaining a certificate of occupancy for any protected use ADU, a notice in the form provided by the Building Inspector shall be recorded at the Essex South District Registry of Deeds. The notice shall contain the lot address, Assessor's Map and Lot number that a protected use ADU has been allowed on the lot and that a continued use of the protected use ADU requires compliance with this by-law, including without limitation that no protected use ADU may be used for short-term rental.
(3) 
Design standards for attached protected use ADUs.
(a) 
An attached protected use ADU shall not change the appearance and purpose of the principal dwelling, except for the provision of an additional access or egress.
(b) 
An attached protected use ADU added to a single-family residence shall be within the dwelling unit or have a common wall and may have a common interior door with the dwelling unit.
(c) 
Prior to issuance of a building permit, a floor plan and elevations, drawn to scale, shall be submitted, showing the proposed interior and exterior changes to the building to demonstrate that the protected use ADU will not significantly alter the appearance of the single-family dwelling.
(4) 
Design standards for detached protected use ADUs.
(a) 
All detached protected use ADUs shall meet the general requirements set forth above.
(b) 
Any new structure where a protected use ADU is to be located shall meet the setback requirements of the accessory structure within the zoning district in which it is located.
(c) 
Where a detached protected use ADU is permitted in existing detached accessory structures, any exterior modifications to the accessory structure shall be consistent with the appearance and purpose for which the structure was originally built. If the detached protected use ADU is incorporated into a new accessory structure, the new structure shall be compatible in style with the principal dwelling on the same lot.
(d) 
The proposed building scale shall be consistent with the single-family residential character of the lot and of the surrounding neighborhood.
C. 
Enforceability of restrictions and regulations on preexisting ADUs. A municipality shall not enforce any prohibited regulation or unreasonable regulation that was imposed as a condition for the approval of the use of land or structures for a protected use ADU prior to the effective date of 760 CMR 71.00, regardless of whether such protected use ADU complies with the municipality's zoning, including, but not limited to, use requirements and dimensional requirements, such as setbacks, bulk, and height.
D. 
Address assignment. All ADUs shall be assigned an address consistent with the most current address standard published by MassGIS. ADU addresses shall be reported to MassGIS and EOHLC after assignment.
[Amended 9-8-2025 FTM by Art. W]
A. 
Intent. As of September 8, 2025 (Fall Town Meeting) any existing first floor retail space within the Downtown Zoning District shall be prohibited from being converted to a first-floor residential use. The Downtown Zoning District is intended for the establishment of commercial uses that encourage and support pedestrian activities on the ground floor of buildings, provide an active ground floor use, and create a vibrant street life for neighbor safety, commercial activity and community character.
B. 
First floor retail. In the Downtown Zoning District, the ground floor of a primary building shall be occupied by any combination of retail, restaurant, or publicly oriented office or civic use as allowed in the underlying base district. Frontage on all major streets in the Downtown Zoning District are subject to ground floor use limitations.
C. 
Design requirements. The following design requirements apply:
(1) 
Encourage and support pedestrian activity on the ground floor of a building, with up to a 25% limitation of ground floor, primary street-facing space to access upper floors of the building;
(2) 
Promote the glazing/transparency (windows) of the facade extending to 70% of the facade width, between two feet and 10 feet from the sidewalk grade. Frosted glass, dark tinting and completely covered windows shall not be allowed;
(3) 
Encourage ground floor doorways, facing primary streets, opening directly to the sidewalk;
(4) 
Promote recessed doorways on buildings with little to no front setback from the street. This would promote visual interest while preventing doors from opening onto the sidewalk. Doorways on buildings with greater front setbacks may also consider a recessed doorway.
D. 
Special Permit Granting Authority. The Planning Board shall be the Special Permit Granting Authority for projects under this section.