[Added 5-16-2022 STM; amended 4-29-2024 STM by Art. A]
The primary purposes for Transit-Oriented Village Overlay District (TOVOD) are the following:
A. 
To coordinate development and redevelopment according to plans collaboratively developed with community members from the Town of Rockport;
B. 
To facilitate the development of a traditional, walkable village around the Rockport commuter rail station area, to promote neighborly activity, respect the Town's existing built form, and honor historic development patterns inherent in New England villages;
C. 
To provide a range of housing types, unit sizes, and price points to accommodate diverse household sizes, income levels, and stages of life;
D. 
To enhance pedestrian connectivity both within the TOVOD and to surrounding districts;
E. 
To preserve and enhance the availability and design of the Town's public realm and civic spaces;
F. 
To allow for a range of business activity that supports the local interests in providing for everyday needs of the Town's year-round residents; and
G. 
To create vehicular parking requirements consistent with best practices for suburban station areas.
A. 
The TOVOD District is an overlay district superimposed over the underlying zoning districts or portions thereof as shown on the Zoning Map set forth in the Rockport Zoning By-law.[1] Within the TOVOD, the requirements of the underlying districts continue to apply as an alternative to the requirements of the TOVOD. The TOVOD will not restrict the rights of any owner who elects to utilize the existing underlying zoning regulations to develop or redevelop land. If an owner elects to utilize the TOVOD to develop or redevelop land, the project shall conform to all applicable requirements of this Article XII.
[1]
Editor's Note: The Zoning Map is on file in the Town offices.
B. 
Diagrams are included in this Article XII to help illustrate the purpose and requirements of the text. In the case of a conflict between the text of this article and any diagram, the text shall govern.
[Amended 4-5-2025 ATM by Art. P]
A. 
The following list of uses are permitted with the TOVOD, either as of right (labelled "Y"), as prohibited (labelled "N") or by grant of a special permit (labelled "SP"). Any uses not in the list below are prohibited under the TOVOD.
B. 
Mixed-use buildings, as defined in Article II, are permitted, provided the uses are allowed as set forth in § 400-65C and building standards are met as set forth in § 400-68.
C. 
Permitted uses may be housed in structures complying with building standards as set forth in § 400-68. Certain building types as set forth in § 400-68F require a special permit regardless of whether the use is permitted as of right. The permitted uses are as noted in the table below:
Use
Permitted
Residential Uses
Mixed-use building
Y
Multifamily building
Y
Townhouses
Y
Protected use accessory dwelling unit, maximum of one unit per lot
Y
Retail Business and Consumer Service Uses
Food service establishments that sell over a counter, such as bakeries, coffee shops, and ice cream shops
Y
Restaurants and other eating establishments serving food to persons seated at tables or counters
Y
Stores, salesrooms, or showrooms for the conduct of retail business, such as clothing, craft shops and other consumer goods, of not more than 2,500 square feet
Y
Personal services, such as a barber, hairdresser, dry cleaning, and other establishments
Y
Movie theaters, theaters, and entertainment centers, such as bowling alleys or billiards
SP
Office, including doctor, dentist, accountant, other member of a recognized profession
Y
Grocery store
Y
Child-care facility
Y
Art studio, provided it does not cause noise, undue commotion, or traffic detrimental to the neighborhood
Y
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 due to noise or vibrations
SP
Commercial and Industrial Uses
Professional offices, including financial institutions, architecture firms, and other places of employment provided in an office environment
Y
Light industrial operations, including processing, fabricating, and assembly plants and manufacturing operations, provided they do not cause noise, odors, undue commotion, or traffic detrimental to the neighborhood
N
Structured parking facility
SP
Institutional Uses
Churches and buildings used for religious purposes
Y
Private clubhouse, meeting halls, and lodge rooms to be used by fraternal or other organizations
SP
A. 
All newly created lots must have a lot line or theoretical lot line abutting a thoroughfare, civic space, right-of-way, or easement. Driveways do not count as thoroughfare types and cannot be used to satisfy this provision.
B. 
The construction of multiple buildings on a lot is permitted, provided other standards, including parking standards, are met.
C. 
The Planning Board may, as part of the site plan review process, allow reductions in the minimum setbacks in order to promote better site design for site conditions particular to a given lot.
D. 
Lot types.
(1) 
Standard/interior lot.
(a) 
Description. A lot that has frontage along a single thoroughfare.
(b) 
Dimensions.
Lot width
50 feet minimum
Building front setback
0 feet minimum, 15 feet maximum
Building side setback
0 feet minimum, 25 feet maximum
Building rear setback
5 feet minimum
(2) 
Corner lot.
(a) 
Description. A lot that has frontage on two intersecting thoroughfares.
(b) 
Dimensions.
Lot width
50 feet minimum
Building front setback
0 feet minimum, 15 feet maximum
Building side setback
0 feet minimum, 25 feet maximum
Building rear setback
5 feet minimum
(c) 
Standards. On a corner lot, the applicant may choose which street frontage is the front lot line.
(3) 
Through lot.
(a) 
Description. A lot that has frontage on two non-intersecting thoroughfares.
(b) 
Dimensions.
Lot width
50 feet minimum
Building front setback
0 feet minimum, 15 feet maximum
Building side setback
0 feet minimum, 25 feet maximum
Building rear setback
N/A
(c) 
Standards. A through lot has two frontages, although the applicant may choose one frontage for development.
(4) 
Flag lot.
(a) 
Description. A lot connected to a thoroughfare by a thin strip of land, narrower than the minimum permitted lot width.
(b) 
Dimensions.
Lot width
None
Building front setback
None
Building side setback
0 feet minimum, 5 feet maximum
Building rear setback
5 feet minimum,
(c) 
Standards.
[1] 
Only existing flag lots are permitted. The creation of new flag lots is prohibited.
[2] 
A sidewalk or similar pedestrian connection must be constructed from the thoroughfare to all building(s) in the lot.
[Amended 4-5-2025 ATM by Art. O]
A. 
Purpose.
(1) 
To provide buildings that reflect the scale and character of the community.
(2) 
To allow for flexible building expansion to increase floor area.
(3) 
To allow additional structures to be provided on a lot.
B. 
Applicability. This section applies to all new buildings, building additions, and additional structures.
C. 
General.
(1) 
The height limitations of § 400-17E do not apply to the provisions of this Article XII.
(2) 
Multiple buildings on a lot are permitted, provided all other requirements are met.
(3) 
For purposes of measurement, building length and width standards apply only to the main building mass. Components have unique dimensions and standards.
(4) 
At least one primary entrance must be located along the primary frontage of a primary building's main building mass.
D. 
The special permit granting authority may, as part of the site plan review process, allow reductions in building dimensions in order to promote better site design for site conditions particular to a given lot.
E. 
Schedule of area and dimensions.
Area
Dimension(3)
Area square feet: multifamily or town house (square feet)
10,000
Area square feet: mixed use (square feet)
20,000
Frontage on street (feet)
50
Accessory Buildings or Structures
Minimum building separation(1) (feet)
15
Side/rear setbacks(2) (feet)
10
Notes:
(1)
For the purpose of computing minimum building separation, attached decks are deemed to be part of the building.
(2)
Accessory buildings or structures: For the purposes of side and rear setbacks only, swimming pools and tennis courts are deemed to be accessory buildings.
(3)
All dimensions are in feet unless otherwise noted.
F. 
Building type and housing density.
(1) 
Housing density. All developments in the TOVOD shall have a maximum density of 15 dwelling units per acre.
(2) 
Building types. The following list of building types are permitted with the TOVOD, either as-of-right (labelled "Y") or by grant of a special permit (labelled "SP"). Any building types not in the list below are prohibited under the TOVOD. See definitions for the following building types. Section 400-68F(3) further describes each of these building types.
Building Type
Permitted
Town house
Y
Mixed use
Y
Multifamily
Y
(3) 
Standards for each building style are provided in the following subsections.
(a) 
Images.
(b) 
Building type (see Article II, Definitions).
Building Type
Image Reference
Town House
Mixed-Use Building (1)
Multi-Family
Town house unit width
A
18 feet minimum, 36 feet maximum
N/A
N/A
Building length
B
100 feet maximum
100 feet maximum
140 feet (3)
Building height
C
2.5 stories, 38 feet
2.5 stories, 38 feet
2.5 stories, 38 feet
First-floor height
D
9 feet minimum, 12 feet maximum
11 foot minimum, 15 feet maximum
10 feet minimum, 15 feet maximum
Upper-floor height
E
9 feet minimum, 12 feet maximum
9 feet minimum, 12 feet maximum
10 feet minimum, 12 feet maximum
Bonus height
F(2)
N/A
N/A
45 feet maximum total building height
Fenestration
First-floor fenestration
5% minimum
30% minimum
20% minimum
Upper-floor fenestration
15% minimum
15% minimum
15% minimum
Roofs
Gable
Y
Y
Y
Hipped
N
Y
Y
Shed
Y
Y
Y
Flat
N
N
N
Massing Components
Extended shopfront
N
Y
N
Rear addition
SP
Y
Y
Side wing
N
Y
Y
Step back
N
SP
SP
Architectural Components
Porch
Y
Y
Y
Gallery
Y
Y
Y
Stoop
Y
Y
Y
Cross gable
Y
Y
Y
Shed dormer
Y
Y
Y
Dormer window
Y
Y
Y
Bay window
Y
Y
Y
Balcony
Y
Y
Y
Portico
Y
Y
Y
Canopy
Y
Y
Y
Deck
Y
Y
Y
Roof deck
SP
SP
SP
Notes:
1.
Mixed-use buildings shall be as defined in Article II, Definitions; however, in the TOVOD, dwelling units may also be located on the ground floor level of a mixed-use building where other uses do not fully occupy the level. The requirement for nonresidential uses is limited to the ground floor of buildings and in no case represents a requirement that more than 33% of the floor area of a building, lot, or project must be for nonresidential uses.
2.
An increase in building height may be granted by the permit granting authority at its discretion. At a minimum, a building with a height greater than 30 feet must be located in the interior of a lot behind buildings along the frontage or other suitable screening from the public way.
3.
Mixed-use buildings must be articulated horizontally a minimum of every 40 feet through the use of pilasters, columns, changes in material, or other means.
G. 
Components.
(1) 
Components are intended to avoid monotonous buildings and break up facades with architectural and massing components.
(2) 
The intent of § 400-68F is to provide a clear and flexible system for enabling the construction of new buildings and the expansion and modification of existing buildings in a manner consistent with the Town's character and vision.
(3) 
At least one component is required per building. For buildings greater than 50 feet in length, at least one component is required per 50 feet, rounded to the nearest 100 feet.
(4) 
Standards for each component are provided in the following subsections.
(5) 
Applicable building codes apply. In cases where the relevant building code conflicts with § 400-68F, the building code regulations prevail.
H. 
Architectural components.
(1) 
Balcony.
(a) 
Description. An unroofed platform attached to a building face that provides outdoor space above the first floor.
(b) 
Dimensions.
Dimension
Measurement
Image Reference
Width
No more than width of the adjoining building face
A
Projection
8 feet maximum
B
(c) 
Standards.
[1] 
Balconies are only permitted on upper stories.
[2] 
Balconies may not be enclosed and must be unroofed unless it is recessed into the envelope of the building or component to which it is attached.
[3] 
Balconies may be projecting, integral, terraced, or a combination thereof. Projecting balconies may not encroach past the front lot line.
[4] 
Balconies may wrap around corners to attach to galleries, porches, decks, or balconies on abutting building facades.
[5] 
A projecting balcony must have a clear height above the ground of at least 10 feet.
[6] 
When built on top of a porch, gallery, or portico, the balcony may extend to the boundaries of the component below.
(2) 
Bay window.
(a) 
Description. An enclosed window assembly extending from the face of a building element to permit increased light, multidimensional views, and articulate a building facade.
(b) 
Dimensions.
Component
Dimension
Image Reference
Width
16 feet maximum
A
Projection
6 inches minimum, 4 feet maximum
B
Top plate height
Maximum equal to total number of full building stories
C
Fenestration
30% minimum
(c) 
Standards.
[1] 
Must be visually supported by brackets, corbels, or a beam along their full depth or, when built at the first floor, may extend visually to the ground plane.
[2] 
Bay windows may intersect with and occupy the same space as porches, balconies, galleries, and decks.
[3] 
Bay windows must attach to a single building face and may not wrap around corners.
[4] 
Bay windows may be two-sided, multisided, or curved.
(3) 
Canopy.
(a) 
Description. A fixed, wall-mounted overhang extending from a building to provide shade and weather protection for pedestrians.
(b) 
Dimensions.
Dimension
Measurement
Image Reference
Width
4 feet minimum
A
Projection
3 feet minimum
B
Height
8 feet minimum
C
(c) 
Standards.
[1] 
Canopies should be inset from the corners of the wall to which they are attached by at least three inches.
[2] 
Canopies may encroach past the front lot line to provide shade along public rights-of-way.
(4) 
Cross gable.
(a) 
Description. A gable roof that projects perpendicular from the roof of the primary building to increase the habitable space within a roof.
(b) 
Dimensions.
Dimension
Measurement
Image Reference
Width
Equal to width of narrowest face of the primary building
A
Height
May not be higher than ridge beam of primary building
B
Fenestration
20% minimum
(c) 
Standards. Two cross gables of equal size and roof pitch may be used together.
(5) 
Deck.
(a) 
Description. A roofless, uncovered, raised platform accessible from a secondary entrance to a building that provides outdoor amenity space.
(b) 
Dimensions.
Dimension
Measurement
Image Reference
Setback from corner of building
2 feet minimum
A
Width
8 feet minimum
B
Projection
6 feet minimum
C
Height
None
(c) 
Standards.
[1] 
Decks are not permitted along frontages.
[2] 
The space between piles or piers must be enclosed with latticework or similar material, or concealed visually by landscaping on all sides.
(6) 
Dormer.
(a) 
Description. A window or group of windows with a gable, hip, or shed roof that projects vertically from the roof of a building element, designed to provide increased light and expand the habitable space within a roof.
(b) 
Dimensions.
Dimension
Measurement
Image Reference
Width
See § 400-17C
A
Height
No higher than height of roof
B
(c) 
Standards.
[1] 
Windows should be vertically proportioned and no more than three feet high.
[2] 
See § 400-17C for additional standards.
(7) 
Gallery.
(a) 
Description. A raised, roofed platform that provides additional living space, with access solely from the interior of the building.
(b) 
Dimensions.
Dimension
Measurement
Image Reference
Width
No more than width of the adjoining building face
A
Projection
6 feet minimum, 12 feet maximum
B
Clear height
7 feet minimum
C
Fenestration
60% minimum when enclosed
(c) 
Standards.
[1] 
Galleries may be partially or fully enclosed.
[2] 
Galleries may be projecting or integral.
[3] 
Galleries may wrap around corners to attach to porches, decks, balconies, or other galleries on abutting building faces.
(8) 
Porch.
(a) 
Description. A raised platform with that stairs that provides access to a building entrance.
(b) 
Dimensions.
Dimension
Measurement
Image Reference
Width
No more than width of the adjoining building face
A
Projection
6 feet minimum, 12 feet maximum
B
Height
7 feet minimum
C
Fenestration
60% minimum when enclosed
(c) 
Standards.
[1] 
Porches may be partially or fully enclosed.
[2] 
Porches may be projecting, engaged, or integral.
[3] 
Stairs may extend off the front or side of the porch except when a porch is located on an upper floor, in which case the stairs cannot be located along the primary frontage.
[4] 
The space between piles or piers must be enclosed with latticework or similar material, or concealed visually by landscaping on all sides.
(9) 
Portico.
(a) 
Description. A roofed structure above a stoop or platform supported on columns or pillars, which shields occupants from inclement weather and provides access to a building entrance.
(b) 
Dimensions.
Dimension
Measurement
Image Reference
Width
3.5 feet minimum
A
Projection
3.5 feet minimum, 8 feet maximum
B
Height
8 feet minimum
C
(c) 
Standards.
[1] 
A portico may not exceed the height of the primary ridge beam on the building element to which it attaches.
[2] 
A portico must be elevated on a platform at least one foot from the ground.
(10) 
Shed dormer.
(a) 
Description. A room, or portion of a room with a shed roof that projects vertically from the roof of a building element, designed to provide increased light and expand the habitable space under a roof.
(b) 
Dimensions.
Dimension
Measurement
Image Reference
Gable end setback
See § 400-17D
A
Fenestration
20% minimum
(c) 
Standards.
[1] 
Windows should be vertically proportioned and no more than 3 feet wide.
[2] 
See § 400-17D for additional standards.
(11) 
Stoop.
(a) 
Description. A component featuring a set of stairs with a landing to the entrance of a building.
(b) 
Dimensions.
Dimension
Measurement
Image Reference
Width
3.5 feet minimum
A
Projection
3.5 feet minimum
B
Height
7 feet minimum
C
(c) 
Standards.
[1] 
Stoops may be recessed into the building facade.
[2] 
Stoop may be built perpendicular or parallel to the building face but must lead directly to ground level or an abutting sidewalk from the building entrance.
[3] 
Stoops may be configured as a split stair to access a below-grade unit.
[4] 
If a stoop is built encroaching onto a sidewalk, it must provide at least three feet clear and unobstructed between its outermost face and the face of the curb.
(12) 
Extended shop front.
(a) 
Description. An extension of the front of the building to provide new or expanded commercial space and a shop front.
(b) 
Dimensions.
Dimension
Measurement
Image Reference
Width
No more than the width of the building face to which it attaches
A
Projection
May not encroach onto setbacks
B
Height
Maximum equal to total number of full building stories
C
Fenestration
70% minimum (shop front); 30% minimum (upper stories)
(c) 
Standards. Extended shop fronts may wrap around corners of building face.
(13) 
Rear addition.
(a) 
Description. An extension from the rear wall of a primary building or accessory building.
(b) 
Dimensions.
Dimension
Measurement
Image Reference
Width
Maximum width of rear wall, less 2 feet
A
Projection
No maximum, provided setbacks are met
B
Height
Equal to or less than height of main building
C
(c) 
Standards.
[1] 
Rear additions may be centered or offset at the rear wall of the main building mass, provided they share at least six feet with the common wall.
[2] 
Additional components may be incorporated onto rear additions. Where a rear addition is greater than 50 feet, at least one additional component is required.
(14) 
Side wing.
(a) 
Description. A multistory extension from the side walls of a primary building or accessory building.
(b) 
Dimensions.
Dimension
Measurement
Image Reference
Setback from facade
8 feet minimum
A
Width
Maximum 2/3 width of primary building
B
Projection
Maximum 12 feet
C
Height
Equal to or less than height of primary building
D
Fenestration
20% minimum
(c) 
Standards.
[1] 
Primary building may only have one side wing per side.
[2] 
Side wings may be centered or offset at the side wall of the primary building, provided they share at least six feet with the common wall.
[3] 
Additional components may attach to the side wing.
(15) 
Stepback.
(a) 
Description. A recession in the profile of a building intended to reduce building mass and/or reduce shadows, while allowing for additional height.
(b) 
Dimensions.
Dimension
Measurement
Image Reference
Height
40 feet maximum height from ground
A
Width
Equal to or less than width of primary building
B
Setback from facade
25 feet minimum
C
Fenestration
20% minimum
(c) 
Standards. Primary buildings may only have one stepback.
I. 
Roofs.
(1) 
The purpose of this subsection is to provide for buildings that have identifiable roof shapes based on local character.
(2) 
Pitched roofs must converge, symmetrically, to a single ridge beam at their highest point.
(3) 
Shed roofs are considered to be symmetrical, provided the vertical separation between the base of the eaves and the top of the ridge beam is the same across the entire length of the roof.
(4) 
The following are diagrams and descriptions of allowable roof types in the district. Flat roofs are prohibited except for fabrication buildings.
(5) 
Gable roof. A pitched roof with two sides of the same slop and length, meeting symmetrically at a single ridge-beam.
(6) 
Hipped roof. A pitched roof with all sides inclined at the same slope, such that they meet symmetrically at a shared ridge beam or a point.
(7) 
Shed roof. A simple roof pitched in only one direction.
(8) 
Flat roof. A simple roof pitched very slightly in one or more directions, approximating a flat surface.
A. 
Purpose.
(1) 
To ensure a variety of functional, well-designed civic and open spaces that complement the character of abutting properties and add vibrancy to the community.
(2) 
To provide a range of civic and open space types within proximity to homes and businesses.
B. 
Applicability.
(1) 
For projects of greater than 10 residential units or greater than 10,000 square feet of nonresidential space, a minimum of 5% of gross land area of the parcel must be designed as publicly available open space, subject to reasonable restrictions set forth by the applicant.
(2) 
Required open space is not required to be contiguous; however, open space must be designed as usable for sitting, recreation, or other active uses and shall not include buffer strips.
(3) 
At the discretion of the special permit granting authority, the applicant may satisfy all or part of the open space requirement through the provision of improvements to existing parks, improving access to existing parks, or the provision of walking trails within or connecting to the district.