No excavation lower than the grade of any road upon which such excavation abuts shall be made nearer than 20 feet to such road boundary, and the slope on any side of the excavation abutting on a road or an adjoining property shall not be steeper than the angle of repose of that particular soil, except as may be authorized by a special permit issued by the Zoning Board of Appeals.
[Amended 3-21-1998 ATM; 3-24-2001; 4-9-2012 ATM; 4-7-2018 ATM; 4-1-2023 ATM]
A.
Any newly installed or replaced luminaire with a lamp or lamps rated at a total of 1,800 lumens or more and any newly installed or replaced floodlight or spotlight luminaire rated at a total of 900 lumens or more shall not emit light beyond the lot (property) line on which the luminaire is located.
B.
In case of a dispute, a difference of more than 0.1 foot-candles measured with and without the light(s) turned on in darkness, at a height of five feet at the lot (property) line, will indicate noncompliance. The measurement will be made with a calibrated light meter directed at the luminaire.
C.
Municipal streetlights and all temporary or emergency lighting used by police, fire or other emergency services, and temporary holiday lights, are exempt from this restriction.
Automobile service and filling stations and car washes, where permitted, are subject to the following requirements:
A.
No automobile service or filling station or car wash shall be constructed on a lot having less than 200 feet of frontage or on a lot having less than 40,000 square feet of lot area.
B.
On each lot used for automobile service or filling stations or car washes, there shall be provided front, rear and side yard setbacks of not less than 50 feet.
C.
An open space, not less than 20 feet in depth, shall be maintained along the front, sides and rear of each lot used for automobile service or filling stations or car washes, except for entrance and exit driveways, and such open spaces shall not be built upon, used for parking or paved. They shall be maintained as open spaces and shall be covered with grass, plants, flowers and trees.
D.
Each automobile service or filling station or car wash site shall be provided with not more than two motor vehicle driveways for each abutting street. Each driveway shall intersect the abutting street at an angle of 90°. No entrance shall consist of a continuous apron along the frontage of the lot. No entrance shall be more than 40 feet in width.
[Amended 9-8-2025 FTM by Art. I]
Billboards and similar signs are specifically prohibited in the Town of Rockport. The only signs allowed in the Town of Rockport are signs that advertise, call attention to, or indicate the person occupying the premises on which the sign is erected or maintained or the business transacted thereon; or advertise the property itself or any part thereof as for sale or rent and which contain no other matter; or that are permitted in § 279-2A. Nonaccessory signs are specifically prohibited in the Town of Rockport.
A.
The Zoning Board of Appeals may grant special permits for the raising or maintaining of horses, cattle, poultry, fur-bearing animals, and the operation of a kennel in any district, and the Board may impose such restrictions and provide such regulations with respect to the conduct thereof as in its judgment may seem necessary for the general welfare of the Town. No horses, cattle, poultry or fur-bearing animals shall be maintained or raised and no kennel shall be operated in any district without a special permit issued by the Zoning Board of Appeals. The maintaining and keeping of a horse (including ponies, mules, and donkeys), a home flock of chickens, geese and ducks, and pets may be done without a special permit, subject to the following conditions:
(1)
No horse may be maintained on a property of less than 10,000 square feet.
(a)
A minimum setback of 10 feet from all property lines or the established setback of the zoning district, whichever is greater, shall apply to all bounds of a paddock.
(2)
A minimum setback of 20 feet from all property lines or the established setback of the zoning district, whichever is greater, shall apply to all bounds of a stable.
(3)
Not more than three horses may be maintained on any property, and then only for the private use of the occupant or resident owner.
B.
In addition, the Board of Health must approve the maintaining and keeping of the animals and may impose such requirements as are necessary to protect the public health.
[Amended 9-8-2025 FTM by Art. I]
A.
Home trailers, also known as "mobile homes," shall not be used for dwelling purposes in any part of Town. Home trailers may not be stored in any part of Town unless granted a special permit by the Zoning Board of Appeals. If granted, a special permit for the storage of home trailers shall not exceed 30 days in any calendar year.
B.
A single camping trailer, utility trailer, horse trailer, boat or pickup camper, not exceeding 24 feet in length, used by the resident for their own use, may be stored on a residential lot. No such trailer, camper or boat may be used for a dwelling on a residential lot.
No fence shall exceed four feet in height above the ground on any lot lying between the coastline and the nearest public way.
[Amended 9-8-2025 FTM by Art. I]
A.
The Zoning Board of Appeals may grant permits for equipment or facilities to utilize alternative energy sources. The Zoning Board of Appeals may, in any such permit, waive the height, setback and dimensional requirements in this by-law.
B.
Before granting a special permit for wind energy conversion systems (WECS), and in applying the guidelines set forth in this by-law, the Zoning Board of Appeals shall consider the following factors:
(1)
Use. The WECS should be designed to provide a majority of its average power output for use by the home to which it is an accessory.
(2)
Setbacks. The minimum setback for a WECS from any abutter's property line, or easement from that abutter, shall be at least equal to the height of the tower plus the length of the propeller blade as measured from the center of the tower base, and in addition, the tower plus propeller length shall clear all overhead electric power lines.
(3)
Tower access. Climbing access to the WECS tower shall be limited either by (1) the installation of a fence with locked gates around the tower bases or (2) by limiting lower climbing apparatus to no lower than 10 feet from the ground. If a fence is used, it shall be no lower than five feet and constructed in such a manner as to restrict passage through said fence.
(4)
Maintenance:
(a)
A WECS shall be inspected and serviced annually according to the manufacturer's maintenance manual and will be considered abandoned if not properly maintained for a period of one year or if designated a safety hazard by the Building Inspector. The owner of any WECS which is considered to be abandoned or designated a safety hazard shall be required to dismantle the installation.
(b)
All WECS shall be removed by the owner of the facility and at the owner's expense within six months of any declaration of a safety hazard, and within one year of declaration of abandonment by the Building Inspector. The applicant shall post a bond with the Town Treasurer at the time of the issuance of the special permit to cover the costs for the removal of the WECS in the event the Town must remove said facility. The amount of the bond shall be determined by the Zoning Board of Appeals.
(5)
Noise and electromagnetic interference. Noise produced by the WECS shall not exceed the average ambient noise level as measured at the base of the tower. WECS generators, alterations and cables shall be shielded and or filtered to prevent the emission of radio frequency energy, which may cause interference with radio and/or television reception.
(6)
Safety. The WECS manufacturer shall document that the WECS model operated safely in similar atmospheric conditions for a period of not less than one year. The WECS shall be equipped with a mechanism for locking the propeller in a fixed position at the maximum safe wind speed specified by the manufacturer.
(7)
Construction.
(a)
Construction of the WECS tower shall be in accordance with all applicable provisions of the state and local building codes for safe tower construction and support. The manufacturer of the WECS shall provide all drawings, specifications, and manuals for the entire WECS, and these shall be certified by a registered professional engineer who shall also certify the suitability of the WECS for the site chose for its construction.
(b)
Solar panels which do not exceed one foot in thickness, nor extend more than two feet from a building, may be installed on the roof or side of a building as a matter of right, without any special permit.
On-site sewerage systems shall be on the lot on which the building serviced by the system is located.
[Amended 4-5-2025 ATM by Art. O]
A.
Applicability. The requirements of this § 400-37 shall apply to any application for multifamily development, mixed-use development, or use variance for the addition of one or more residential units that results in a development with four or more dwelling units on any parcel or contiguous parcels comprising a proposed development site in any zoning or overlay district:
(1)
Development shall not be segmented to avoid compliance with this section. "Segmentation" shall mean one or more development applications for the addition of one or more residential units that results in four or more lots or dwelling units above the number existing 36 months prior to an application to develop any parcel or set of contiguous parcels held in common ownership or under common control on or after the effective date of this § 400-37.
(2)
Exemptions. This § 400-37 shall not apply to the rehabilitation of a building or structure, all of, or substantially all of, which is destroyed or damaged by fire or other casualty. However, any rehabilitation or repair that increases the number of units, bulk, or size of such building or structure above that which existed prior to the damage or destruction thereof shall comply with this section.
B.
Affordability requirements.
(1)
All units created under this section shall be eligible for listing on EOHLC's Subsidized Housing Inventory.
(2)
Affordable units provided under this section shall be subject to an affordable housing restriction that contains limitations on use, occupancy, resale, and rents, and provides for periodic monitoring to verify compliance with and enforce said restriction. The affordable housing restriction shall run with the land and be in force in perpetuity or for the maximum period allowed by law and be enforceable under the provisions of MGL c. 184, § 26, or §§ 31 and 32.
C.
Provision of affordable housing.
(1)
The following table states the minimum affordable percentage of units based on the number of units in a development project, subject to this section:
Table J.1 | ||
|---|---|---|
Number of Units In the Development | Percent of Units That Shall Be Affordable | Maximum AMI (percent) |
4 to 13 | 10% | 80% |
14 + | 10% | 60% |
(2)
For purposes of calculating the number of affordable housing units required within a development project, a fractional unit shall be subject to the fee-in-lieu requirement in § 400-37D below. The affordable units shall be available to households earning income up to either 60% or 80% of the AMI as shown in Table J.1.
D.
Fee-in-lieu for fractional unit.
(1)
The developer or property owner shall contribute a fee to the Town of Rockport's Affordable Housing Trust Fund for the fractional unit within the proposed development. For example:
Table J.2 | ||
|---|---|---|
Calculated Affordable Units | Number of Units to Be Provided On Development Site | Number of Units Required for Fee-In-Lieu |
1.0 | 1 | None |
1.7 | 1 | 0.7 |
(2)
In its discretion, the Select Board shall approve the dollar amount of the payment in lieu of for the fractional unit, with a recommendation from the Rockport Affordable Housing Trust. This approval shall be obtained prior to application and submitted with the initial application for site plan review.
(3)
The payment shall be an amount equal to the fractional share multiplied by the median sales price of a Rockport market-rate dwelling unit comparable in type, size, and number of bedrooms proposed for the market-rate units reported for a minimum of three sales of comparable dwelling units over a period of 24 months prior to the date of application submission, if available. The median dwelling unit cost used in the formula shall be approved by the Rockport Affordable Housing Trust, or designee. The applicant shall calculate the proposed sum based on an appraisal of the comparable dwelling unit sales and submit documentation of the relevant data source(s) as part of the application.
(4)
If no such sales exist, the Planning Board and the Rockport Affordable Housing Trust or their designees may contact EOHLC for their most recent guidance on calculating 40B affordable sales prices and rents.
(5)
Any payment to the Rockport Affordable Housing Trust Fund as an in-lieu contribution for affordable housing units shall be made as follows: at least 50% of the total owed prior to the issuance of a building permit and the remaining total owed prior to the issuance of an occupancy permit.
E.
Development standards.
(1)
Affordable units shall be:
(a)
Integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of exterior and interior materials with the other units and/or lots;
(b)
Dispersed throughout the development;
(c)
Located such that the units have equal access to shared amenities, including light and air, and utilities (including any bicycle storage and/or electric vehicle charging stations) within the development;
(d)
Located such that the units have the same exposure to undesirable features such as noise or traffic as do market-rate units;
(e)
Distributed proportionately among unit sizes; and
(f)
Distributed proportionately across each phase of a phased development.
(2)
Occupancy permits may be issued for market-rate units prior to the end of construction of the entire development, provided that occupancy permits for affordable units are issued consistent with the requirements of § 400-37H(3).
F.
G.
Submission requirements and procedures.
(1)
Prior to applying for a building permit, site plan review, or special permit, the applicant shall submit the following to the Rockport Affordable Housing Trust and Planning Board:
(a)
A project information sheet in the form provided by the Planning Board; and
(b)
A completed LAU application for the affordable units. The Planning Board and the Rockport Affordable Housing Trust shall jointly review and approve the LAU prior to the issuance of site plan approval, special permit, or building permit.
(2)
The Rockport Affordable Housing Trust and the Planning Board or their designees shall work in concert with EOHLC's local LIP coordinator with the EOHLC to review all proposed affordable units prior to the issuance of site plan approval, special permit, or building permit. The initial contact with the LIP coordinator should be made as soon as the prospective LAU projects have been identified.
H.
Permit and occupancy conditions of compliance.
(1)
The Building Inspector shall not issue a building permit for an as-of-right use, nor shall the Planning Board issue a special permit or issue a decision on a site plan review application for any unit in a development that is subject to this § 400-37 unless and until the Rockport Affordable Housing Trust and the Planning Board have verified that all requirements of this section have been met and are binding upon the applicant.
(2)
No certificate of occupancy shall be issued for any affordable unit in a development that is subject to this section until an affordable housing restriction has been executed and recorded with the Essex Registry of Deeds.
(3)
Timing of affordable unit production. Affordable housing units shall be provided in proportion to market-rate units in the development, but in no event shall the construction of affordable onsite units be delayed beyond the following schedule:
Table J.3 | |
|---|---|
Building Permits for Market-Rate Units (percent) | Building Permits for Affordable Housing Units (percent) |
Up to 30% | None required |
30% to 50% | At least 10% |
Over 50% to 75% | At least 40% |
Over 75% to 89% | At least 70% |
At 90% | 100% |
[Amended 9-8-2025 FTM by Art. I]
A.
Purpose:
(1)
The Federal Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7), preserves the authority of municipalities to regulate the placement, construction and modification of personal wireless service facilities but provides that municipalities shall not unreasonably discriminate among providers of functionally equivalent services and shall not prohibit or have the effect of prohibiting the provision of personal wireless service facilities.
(2)
Because of the current technological requirements of personal wireless services, there are a finite number of potential sites to construct such facilities. The purpose of this section is to comply with the Federal Telecommunications Act of 1996 by establishing predictable and balanced regulations of wireless communication facilities that:
(a)
Ensure that wireless communication facilities are sited, designed, constructed and screened in a manner that is sensitive to the aesthetic and visual resources of the surrounding neighborhoods and the Town of Rockport in general;
(b)
Protect the public and the public welfare against the adverse impact of such facilities;
(c)
Regulate the number and height of such facilities and promote the shared use of facilities to reduce the need for multiple towers and/or facilities.
B. NONRESIDENTIAL BUILDING
Definitions. As used in this section, the following terms shall have the meanings indicated:
For the purpose of § 400-38, means any building that is not used in whole or in part as a dwelling. So-called "mixed uses," where a portion of the building is used as a dwelling and the remainder is used for retail, commercial, office or similar uses, are excluded from the definition of nonresidential buildings. Likewise, buildings which are accessory to a dwelling, such as a garage, barn, carriage house, shed, greenhouse or similar-type buildings, are excluded from the definition of nonresidential buildings.
C.
General conditions.
(1)
Any wireless communication facility requiring a tower and/or building to house equipment shall only be erected, installed and utilized in a Wireless Communication Facility Overlay District ("WCFOD").
(2)
In all cases, a special permit is required from the Zoning Board of Appeals ("the Board") in accordance with Article XVII.
(3)
Where the erection or installation of a tower is required, only freestanding monopole towers without guy wires are allowed as specified in Subsection E below. Lattice-style towers and similar structures requiring three or more legs and/or guy wires are prohibited.
(4)
All wireless communication facilities shall be suitably screened from abutters and residential neighbors and shall be designed and installed to minimize equipment noise.
(5)
All towers (except where existing water supply tanks or standpipes or fixed derricks are used), antennas, structures and equipment shall be removed by the owner of the facility and at the owner's expense within one year of the date of cessation of use as a wireless communication facility. The applicant shall post a bond with the Town Treasurer at the time of the issuance of the special permit to cover the costs for the removal of the wireless communication facility in the event the Town must remove said facility. The amount of the bond shall be determined by the Zoning Board of Appeals.
(6)
Where applicable, annual certification, signed by a radio frequency engineer, stating that the RFR measurements are accurate and demonstrating continued compliance with RF and all other standards of the Federal Communications Commission ("FCC"), Federal Aviation Administration ("FAA") and American National Standards Institute ("ANSI") and required maintenance shall be filed with the Building Inspector by the special permit holder.
D.
Application process. All applications for wireless communication facilities shall be made and filed in compliance with the requirements for special permits under the Zoning By-law and the Zoning Board of Appeals rules of procedure. In addition, the following information shall be submitted along with the application form:
(1)
A locus plan at a scale of one inch equals 100 feet, which shall show all property lines, the exact location of the proposed wireless communication facility, existing streets, landscape features, and all buildings within 500 feet of the facility.
(2)
Color photographs or renditions of the proposed wireless communication facility, including towers and antenna. A rendition shall also be prepared illustrating a view of the tower or antenna from the nearest street or streets and eight radial views at 45° of the site.
(3)
Where applicable, the following information prepared by one or more professional engineers:
(a)
A description of the tower and technical, economic and other reasons for the proposed location, height and design.
(b)
Confirmation that the tower complies with all applicable federal and state standards.
(c)
A description of the capacity of the tower, including the number and types of panels, antennas, dishes and/or transmitter receivers that it can accommodate and the basis for these calculations.
(4)
A written statement that the proposed facility complies with, or is exempt from, applicable regulations administered by the FAA, the FCC, the Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health.
(5)
Where a tower is to be erected and installed, the applicant shall place a crane extended to the height of the proposed tower on the site for one day. The date and times that the crane will be on the site shall be advertised in the Gloucester Daily Times on two dates at least one week before the event. The applicant shall take photographs of the extended crane from the nearest street or streets and eight radial views at 45° of the site from a distance of 300 feet. Where the applicant proposes to install antennas on an existing water supply tank or standpipe or fixed derrick, they shall take photographs of said water supply tank or standpipe or fixed derrick from the nearest street or streets and eight radial views at 45° of the site from a distance of 300 feet. Five sets of said photographs shall be submitted to the Board.
(6)
A map showing all existing or proposed wireless communication facilities owned or operated by the applicant in the surrounding communities (Essex, Gloucester, and Manchester-by-the-Sea).
(7)
The applicant shall submit radio coverage analysis maps for the proposed antenna height and a minimum of two additional radio analysis maps for lesser antenna heights agreed upon by the Board. The applicant shall also submit radio coverage analysis maps of all proposed or existing adjacent radio sites.
(8)
A report describing alternative sites examined in Rockport and the reasons for rejecting these alternative sites.
(9)
The applicant shall arrange and pay for a stenographer to be present and record all hearings on its application and, at the applicant's expense, provide the Board with a copy of the transcript of all hearings.
E.
Design guidelines. The following guidelines shall be used when preparing plans for the siting and construction of wireless communication facilities:
(1)
Except when located within an existing nonresidential building, wireless communication facilities shall be located a minimum of 300 feet from the nearest residential building.
(2)
All towers shall be designed and constructed to the minimum height necessary to accommodate current and anticipated future use. The setback of a tower from the property line on the lot on which it is located shall be at least 125% of the height of the tower.
(3)
No tower, including any antenna attached thereto, shall exceed 130 feet in height as measured from the ground level at the base of the tower. No tower shall be constructed which requires guy wires.
(4)
All towers shall be painted, camouflaged or otherwise colored so they will, as much as possible, blend into the landscape or the structure where they are located. A different coloring scheme shall be used to blend the structure below and above the tree line or building line.
(5)
All wireless communication facilities shall be sited in a manner so that the view of the facility from the adjacent abutters, residential neighbors and other areas of the Town shall be as limited as possible.
(6)
Wireless communication facilities shall be designed to accommodate the maximum number of users technologically practical. The intent of this requirement is to reduce the number of facilities that will be required to be constructed in the Town.
(7)
Fencing shall be provided to control access to the wireless communication facilities and shall be compatible with the scenic character of the Town and the neighborhood. There shall be no razor wire. Additional natural vegetative screening may be required by the Board.
(8)
Accessory buildings and storage sheds shall not exceed one story in height and shall be designed and sided to be consistent with the character of the neighborhood.
(9)
There shall be no signs, except for announcement signs, "no trespassing" signs and a required sign giving the telephone number where the owner can be reached on a twenty-four-hour-a-day basis. All signs shall conform to the Rockport Sign By-law, Chapter 279 of the Code of By-laws.
(10)
Night lighting of towers shall be prohibited except when required by the FAA. Lighting shall be limited to that required for emergencies and/or as required by the FAA.
(11)
There shall be a minimum of one parking space for each facility to be used in connection with the maintenance of the facility. Said parking space shall not be used for permanent storage of vehicles or other equipment.
F.
Establishment of wireless communication facilities in existing nonresidential buildings.
(1)
Wireless communication facilities that can be completely enclosed in an existing public or private nonresidential building shall be allowed by special permit in any zoning district. All components of the wireless communication facility, including the antenna, shall be enclosed within the existing public or private nonresidential building.
(2)
Where proposed antennas cannot be enclosed within the building:
(a)
They shall be limited to a maximum length of 12 feet. Antennas shall not extend more than 10 feet in height above the roofline of the building.
(b)
Antennas on rooftops or above the structure shall be screened, constructed and/or painted to match the structure to which they are attached.
(c)
Antennas mounted on the side of a building or structure shall be painted to match the color of the building or structure or the background against which they are most commonly seen.
(d)
All other wireless communication facilities shall be located in a Wireless Communication Facility Overlay District.
G.
Establishment of Wireless Communication Facility Overlay Districts.
(1)
Wireless Communication Facility Overlay Districts ("WCFOD") are herein established. The WCFOD shall be considered superimposed on the other districts depicted on the Planning Board Zoning Map, Town of Rockport (the Zoning Map) and described in Article IV, Establishment of Districts, of this by-law. Any building, structure or use of land included in the WCFOD shall also be deemed to be within the particular underlying zoning district as shown on said Zoning Map and subject to all of the by-laws and regulations thereof, except where expressly modified by § 400-38.
(2)
When authorized by a special permit issued by the Zoning Board of Appeals, wireless communication facilities may be permitted in a WCFOD.
(4)
The following WCFOD are hereby created:
H.
Special permit review. In addition to the requirements of Article XVII, the Board shall consider the following objectives:
(1)
A wireless communication facility which includes a tower shall be considered only after a finding that existing or previously approved towers or other buildings or structures cannot accommodate the proposed user.
(2)
Application for an antenna proposed to be placed on an existing public or private nonresidential building or structure shall be subject to design review to ensure compatibility with the scenic character of the Town and the neighborhood. The Board shall consider the visual impact of the antenna from the abutting neighborhood and streets, noise generated by the facility, impact on the aesthetic character of the neighborhood and the proximity to residential dwellings.
(3)
The Board may impose such conditions on the special permit as it deems necessary to carry out the purpose of this section.
(4)
Any grant or denial of an application shall be in writing and supported by substantial evidence contained in the record.
[Amended 9-8-2025 FTM by Art. I]
A.
Medical marijuana.
(2)
General provisions.
(a)
Medical marijuana treatment centers (MMTC) are permitted by special permit.
(b)
The sale of medical marijuana will be permitted only in the Downtown Zoning District.
(d)
The sale of medical marijuana will be permitted Monday through Saturday, 10:00 a.m. to 6:00 p.m. and Sunday 12:00 noon to 5:00 p.m. Any change is by agreement with the Planning Board.
(e)
No signage associated with an MMTC may use medical symbols, images of marijuana, related paraphernalia, or colloquial references to cannabis and marijuana. In addition, no graphics related to marijuana or paraphernalia may be used on the exterior of the MMTC or the building in which the MMTC is located.
(f)
All windows in an MMTC must be screened so as to prevent view of plants, products, and paraphernalia.
(g)
An MMTC must provide twenty-four-hour security with remote electronic monitoring.
(h)
Unauthorized entry into an MMTC must be reported to the Rockport police immediately upon detection.
(i)
The Planning Board is the special permit granting authority for medical marijuana.
(j)
A nonrefundable fee of $500 is to be submitted with the application to initiate the process for obtaining a special permit.
B.
Nonmedical marijuana.
(1)
Consistent with MGL c. 94G, § 3(a)(2), all types of nonmedical marijuana establishments as defined in MGL c. 94G, § 1, to include marijuana cultivators, marijuana testing facilities, marijuana product manufacturers, marijuana retailers or any other types of licensed marijuana-related businesses, shall be prohibited within the Town of Rockport.