Beverly City Zoning Code
ARTICLE XVI
Artist Live/Work Requirements
§ 300-115 General description and purpose.
A.
The requirements of this article seek to support and grow the production of the arts in appropriate zoning districts by allowing the live/work arrangements for the production of art uses, as defined in § 300-5, that are consistent with the character of the surrounding neighborhood.
B.
This article is established to facilitate the following objectives:
(1)
Provide for the appropriate development of units that incorporate both living and working space.
(2)
Provide an affordable living and working environment for artists and other small creative businesses.
(3)
Provide flexibility for the development of live/work units, particularly within existing buildings.
(4)
Provide locations where appropriate new art use or creative enterprise can start up.
(5)
Provide opportunities for people to live in mixed-use industrial and commercial areas where compatible with existing uses.
(6)
Protect existing and potential industrial uses and nearby residential uses from conflicts with each other.
(7)
Ensure that the exterior design of live/work buildings is compatible with the exterior design of commercial, industrial, and residential buildings in the area, while remaining consistent with the predominant workspace character of live/work buildings.
§ 300-116 Applicability.
[Amended 2-13-2023 by Ord. No. 279]
Artist live/work, as defined in § 300-5, is permitted by right in the CC/CC2 Districts and by special permit, granted by the Planning Board, in the IG, BHD, WDR, RHD, and RMD Districts. The underlying regulations and standards pertaining to the above-named districts apply, unless they conflict with the standards herein, which shall take precedence.
§ 300-117 Development standards.
A.
In residential and commercial zones, all living space shall be contiguous with and made an integral part of the working space; however, direct access between living and working areas shall not be required.
B.
The residential dwelling area and working space that comprise an artist live/work unit shall not be separately rented or sold.
C.
The layout and design of an artist live/work project shall be compatible in character and scale with surrounding areas, as determined by the special permit granting authority (SPGA).
D.
Artist live/work units shall be designed and constructed with the particular needs of artists in mind (e.g., appropriate ventilation, noise-dampening capability, soundproofing, etc.) and less attention can be paid to providing high-end interior finishes, in keeping with the intent that these be functional work spaces.
E.
Where permitted, artist live/work units located at street level are subject to the development standards for ground-floor retail or commercial establishments as follows:
(1)
A minimum of 80% of a structure's street-front facade at street level shall be occupied by nonresidential uses, including the studio, work space, and/or gallery.
(2)
In districts where artist live/work units are permitted at street level, owner or employee parking for live/work units is prohibited in front of the building.
(3)
Artist live/work in the CC/CC2 Districts shall be subject to the Downtown Design Guidelines.
[Amended 2-13-2023 by Ord. No. 279]
(4)
The above standards related to ground-floor work space are not required of live/work units in single-purpose residential districts or on streets where the predominant ground-floor use is residential.
F.
In preexisting single-family structures, studio work space and/or retail may be permitted within an accessory building that meets the dimensional requirements of this chapter, at the discretion of the SPGA. However, work is not permitted to occur outside of a structure in noncommercial areas, unless approved by the SPGA.
G.
Retail sales of art produced on-site, lessons provided in the resident's form of art (e.g., dance, music), or other activities requiring customer visitation should occur at reasonable hours, so as not to impede the quality of life of adjacent residential users. Operating hours can be set by the SPGA, except in the CC/CC2 Districts, where the use is permitted by right.
[Amended 2-13-2023 by Ord. No. 279]
H.
Storage of materials or supplies outdoors, for purposes other than those permitted in the allowable zone in which the use is located, shall be prohibited.
J.
Priority in all artist live/work units created by special permit under this article shall be given to working artists.
K.
Deed restrictions are required for artist live/work units that are declared as part of the building permit process, or in administrative review, or both, for by-right projects in the CC/CC2 Districts.
[Amended 2-13-2023 by Ord. No. 279]
L.
The applicant/owner must show procedures to demonstrate that artist live/work units are marketed to and occupied by artists, subject to review by the Planning Department.
§ 300-118 Performance standards.
The following performance standards shall apply to all artist live/work projects:
A.
Noise and vibration. Every artist live/work unit shall be designed and operated in such a manner that it does not produce excessive noise or vibration beyond the working space.
B.
Odor. Every artist live/work unit shall be designed and operated in such a manner that it does not emit a noxious odor or fumes beyond the working space or provides proper ventilation so as not to negatively impact adjacent units.
C.
Smoke. Every artist live/work unit shall be designed and operated in such a manner that it does not emit smoke beyond the working space.
D.
Dust and dirt. Every artist live/work unit shall be designed and operated in such a manner that it does not emit any dust or dirt beyond the working space.
§ 300-119 Parking requirements.
A.
Parking standards will remain the same as for residential uses in the RHD, RMD, BHD, WDR and CC/CC2 Zoning Districts as established in Article X, Parking and Loading Requirements. No additional parking is required for the work space as this is intended to be occupied by the same user.
[Amended 2-13-2023 by Ord. No. 279]
B.
Where residential use is not permitted in the district, such as the IG District, then the following parking standards apply:
(1)
For artist live/work units of less than 1,500 square feet, one parking space is required for each unit.
(2)
For artist live/work units greater than 1,500 square feet, required parking will be based on the applicable parking standard for the nonresidential use or the closest similar use as determined by the Zoning Administrator.
§ 300-120 Sign standards.
Sign requirements of the zoning district shall be consistent with Article XI, Signs. The special permit granting authority may modify such standards for artist live/work as appropriate and pursuant to a recommendation by the Design Review Board.
§ 300-121 Special permit criteria.
When approving a special permit under this article, the special permit granting authority shall make findings, in addition to any specific requirements or criteria set forth in § 300-91B of this chapter, that the project proposal meets the following additional criteria:
A.
That the proposed project is consistent with the purpose statement described above and designed to accommodate and be attractive to artists and other users as defined as "art use" in § 300-5.
C.
The impacts of noise, vibration, odor, smoke, and dust, or other impacts, of the proposed uses to ensure the safety and health of residents, visitors, and neighbors. If necessary, techniques may be required to prevent the transmission of noise, vibration, odor, smoke, and/or dust.