Beverly City Zoning Code
ARTICLE XX
MBTA Communities and Mandatory Mixed Use Overlay Districts
§ 300-140 MBTA Communities Overlay District.
A.
Purpose. The purpose of the MBTA Communities Overlay District is to establish an overlay district that meets the criteria of M.G.L. Chapter 40A, Section 3A, the MBTA Communities Act.
(1)
The MBTA Communities Overlay District is shown on the official City of Beverly zoning map. The MBTA Communities Overlay District establishes certain building and area requirements for the zones within the overlay district that differ from certain requirements in the underlying district.
B.
Building and area requirements for lots zoned RMD in the MBTA Communities Overlay District.
(1)
Minimum lot area: 8,000 square feet.
(2)
Maximum number of dwelling units per lot: eight.
(3)
Minimum lot area for semidetached dwelling unit: 3,500 square feet.
(4)
Minimum lot frontage: 65 feet.
(5)
Minimum lot width for semidetached dwelling unit: 40 feet.
(6)
Minimum front yard setback: 20 feet.
(7)
Minimum side yard setback: 10 feet.
(8)
Minimum side yard setback for semidetached dwelling unit: 15 feet (one side only).
(9)
Minimum rear yard setback: 20 feet.
(10)
Maximum building height: 35 feet.
C.
Building and area requirements for lots zoned RHD in the MBTA Communities Overlay District.
(1)
Minimum lot area: 6,000 square feet.
(2)
Maximum number of dwelling units per lot: nine.
(3)
Minimum lot for area for semidetached dwelling unit: 3,500 square feet.
(4)
Minimum lot frontage: 50 feet.
(5)
Minimum lot width for semidetached dwelling unit: 40 feet.
(6)
Minimum front yard setback: 15 feet.
(7)
Minimum side yard setback: 10 feet; 15 feet if over three stories.
(8)
Minimum side yard setback for semidetached dwelling unit: 15 feet (one side only).
(9)
Minimum rear yard setback: 20 feet.
(10)
Maximum building height: 40 feet.
D.
Building and area requirements for lots zoned CC/CC2 in the MBTA Communities Overlay District.
(1)
Commercial uses, residential uses, or combined commercial/residential uses on CC/CC2 zoned lots with side and/or rear yards abutting a residential zoning district.
(a)
Minimum lot area: none for 100% commercial use, residential use, or combined commercial/residential use.
(b)
Minimum lot frontage: none for 100% commercial use: 50 feet for residential use or combined commercial/residential use.
(c)
Minimum front yard setback: none.
(d)
Minimum side yard setback: 10 feet; 15 feet if building is over three stories for that side yard which abuts the side or rear yard of a residentially zoned lot.
(e)
Minimum rear yard setback: 20 feet if the rear yard abuts a side yard or rear yard of a residentially zoned lot.
(f)
Maximum building height: In CC District, 55 feet when "RHD" is the abutting residential district. In CC2 subdistrict, 45 feet with no more than four stories. In both CC and CC2, 35 feet when "RMD" or "R-6" is the abutting residential district.
(g)
For commercial uses, residential uses, or combined commercial/residential uses which abut a residential zoning district by a public way with an average width of at least 25 feet or a railroad right-of-way of at least 25 feet, there shall be no setback requirement.
(2)
Residential uses which do not abut a residential zoning district.
(a)
Minimum lot area: none.
(b)
Minimum lot frontage: 50 feet.
(c)
Minimum front yard setback: 15 feet.
(d)
Minimum side yard setback: 10 feet; 15 feet if over three stories.
(e)
Minimum rear yard setback: 20 feet.
(f)
Maximum height: In CC District, 55 feet. In CC2 subdistrict, 45 feet with no more than four stories.
§ 300-141 Mandatory Mixed Use Overlay District.
A.
Purpose. The purpose of the Mandatory Mixed Use Overlay District is to establish on overlay district that requires activated ground floor use in a mixed use building containing both commercial and residential (multifamily dwelling) uses. By establishing this overlay district, a 25% offset of the total zoning capacity of multifamily housing units required under the criteria of M.G.L. Chapter 40A Section 3A, the MBTA Communities Act, can be achieved.
(1)
The Mandatory Mixed Use Overlay District is shown on the official City of Beverly zoning map. The Mandatory Mixed Use Overlay District establishes certain building and area requirements for the zones within the overlay district and establishes new parking regulations for nonresidential activated ground floor uses that differ from certain requirements in the underlying district.
B.
All lots in the Mandatory Mixed Use Overlay District are zoned CC and are located within the Core Pedestrian Area. Any mixed use building in the Mandatory Mixed Use Overlay District containing both commercial and residential (multifamily dwelling) use shall be occupied by an activated ground floor use and the use(s) shall meet the activated ground floor design standards in § 300-40I. A special permit shall still be required for any use specifically listed in § 300-40C.
C.
Building and area requirements for lots zoned CC in the Mandatory Mixed Use Overlay Zone.
(1)
Commercial uses, residential uses, or combined commercial/residential uses on CC zoned lots with side and/or rear yards abutting a residential zoning district.
(a)
Minimum lot area: none for 100% commercial use, residential use, or combined commercial/residential use.
(b)
Minimum lot frontage: none for 100% commercial use; 50 feet for residential use or combined commercial/residential use.
(c)
Minimum front yard setback: none.
(d)
Minimum side yard setback: 10 feet; 15 feet if building is over three stories for that side yard which abuts the side or rear yard of a residentially zoned lot.
(e)
Minimum rear yard setback: 20 feet if the rear yard abuts a side yard or rear yard of a residentially zoned lot.
(f)
Maximum building height: In CC District, 55 feet when "RHD" is the abutting residential district. In CC2 subdistrict, 45 feet with no more than four stories. In both CC and CC2, 35 feet when "RMD" or "R-6" is the abutting residential district.
(g)
For commercial uses, residential uses, or combined commercial/residential uses which abut a residential zoning district by a public way with an average width of at least 25 feet or a railroad right-of-way of at least 25 feet, there shall be no setback requirement.
(2)
Residential uses which do not abut a residential zoning district.
(a)
Minimum lot area: none.
(b)
Minimum lot frontage: 50 feet.
(c)
Minimum front yard setback: 15 feet.
(d)
Minimum side yard setback: 10 feet; 15 feet if over three stories.
(e)
Minimum rear yard setback: 20 feet.
(f)
Maximum height: In CC District, 55 feet. In CC2 subdistrict, 45 feet with no more than four stories.