Beverly City Zoning Code
ARTICLE V
General Provisions
§ 300-10 Applicability.
[Amended 12-4-2006 by Ord. No. 170]
A.
Except as hereinafter provided, no building or structure or part thereof and no lot or land or part thereof shall hereinafter be used in any manner which does not conform to the use regulations of this chapter for the district in which such building, structure, lot or land is located.
B.
Except as hereinafter provided, no building or structure or part thereof shall hereinafter be erected, altered, enlarged, or rebuilt in any manner which does not conform to the dimensional regulations of this chapter in the district in which such building or structure is located.
§ 300-11 Undersized lots of record.
Any lot lawfully laid out by plan or deed duly recorded, as defined in MGL c. 41, § 81L, or any lot shown on a plan endorsed with the words "approval under the Subdivision Control Law not required" or words of similar import, pursuant to MGL c. 41, § 81P, which has a lesser area, frontage, width, and depth required under this amendment for the district in which such lot is located shall be subject to the provisions of MGL c. 40A, § 6. The minimum side yard for such lots shall not be less than eight feet.
§ 300-12 Building permits issued prior to adoption of chapter.
All building permits issued prior to the adoption of this chapter are subject to the provisions of MGL c. 40A, §§ 6 and 7.
§ 300-13 Obstructions to air navigation.
A.
In airport approach zones for instrument-landing runways, building and other structure heights shall be limited to provide a clear glide path of 34:1 from the end of the runway.
B.
No use shall be permitted which creates electrical interference with navigation aids or communications between airport and aircraft, impairs landing, takeoff, or maneuvering of aircraft by reasons of glare, smoke, dust, and the like; and makes it difficult to distinguish between airport lights and others.
C.
Any authorization for variance from the terms of the section granted by the Board of Appeals may require the applicant to permit the City to install, operate, and maintain such markers and lights as may be necessary to indicate the presence of an airport hazard.
§ 300-14 Height exceptions.
[Amended 4-30-1997 by Ord. No. 28; 12-4-2006 by Ord. No. 170]
A.
Building height limits set forth in this chapter shall not apply to belfries, chimneys, cupolas, domes, flagpoles, flues, monuments, spires, water towers and tanks, air-conditioning units, nor to similar structures and mechanical appurtenances placed on roofs, except where such structures are located within an airport approach zone; and provided that no such structures shall be used for human occupancy.
B.
A parapet wall, cornice, or similar architectural element shall not exceed more than four feet above the height limits prescribed in this chapter.
C.
Additional stories on sloping lots. On a sloping lot, a story or stories in addition to the number permitted in the district in which such lot is located shall be permitted on the downhill side of a building erected on such lot, provided that the building height shall not otherwise be increased above that specified for the district.
§ 300-15 Area, lot width and yards.
A.
Joint use of lot prohibited. No part of a yard or other open space about any building required for the purpose of complying with this chapter shall be included as part of a yard or other open space similarly required for another building.
B.
Reduction of area. No lot shall be changed in size, shape, or ownership so that the height, area, yard, or off-street parking requirements herein prescribed are no longer satisfied. This subsection shall not apply where a portion of a lot is acquired for a public purpose.
C.
Yards.
[Amended 7-1-1992; 12-4-2006 by Ord. No. 170]
(1)
Every part of a required yard shall be open to the sky and unobstructed except for accessory buildings in the yard area, and except for ordinary projections of the belt courses, cornices, sills, skylights, and ornamental features projecting from the building not more than 12 inches. Open or lattice-enclosed fire escapes and the ordinary projections of chimneys and flues are permitted.
(2)
Projecting eaves, chimneys, bay windows, balconies, open fire escapes, and like projections which do not project more than 3 1/2 feet, and unenclosed steps, unroofed porches, enclosed bulkheads, and the like which do not project more than 10 feet beyond the line of the foundation wall, may extend into the required yards otherwise provided for the district in which the structure is built.
D.
Every lot shall have a minimum frontage (as defined above) on a way, public or private, which shall be equivalent to the minimum lot width, except as noted in § 300-18 below.
E.
Any lot on which more than one house existed at the time of the adoption of this chapter may be divided with a minimum of nonconformance, and sold to separate owners and used with a minimum of nonconformance.
§ 300-16 Corner clearance.
On a corner lot, buildings may be erected subject to the provisions of the density and dimensional requirements of the applicable district, but nothing else shall be erected, placed, planted, or allowed to grow in such a manner as to obstruct vision at intersections between a height of three feet and eight feet above the street grades in the triangular area bounded by the street lines of such corner lot and a line joining points along said street lines of 25 feet from their intersection.
§ 300-17 Severability.
The separate provisions of this chapter and the Zoning District Map are adopted with the intent that each shall have force and effect separately and independently, except insofar as by expressed reference or necessary implication any one, or any part thereof, is made dependent upon another. The invalidity of any provision or part thereof shall not affect the validity of any other provision.
§ 300-18 Pork-chop-shaped lots.
A.
The Beverly Planning Board may authorize pork-chop-shaped lots by special permit in residential and industrial districts on streets in existence at the date of adoption of this chapter (December 1984) and on new streets in industrial zoning districts if the following conditions are met:
(1)
The site is an appropriate location for the proposed use and the character of adjoining uses will not be adversely affected.
(2)
No factual evidence is found that property values in the district will be adversely affected by such use.
(3)
No undue traffic and no nuisance or unreasonable hazard will result.
(4)
Adequate and appropriate facilities will be provided for the proper operation and maintenance of the proposed uses.
(5)
There are no valid objections from abutting property owners based on demonstrable fact.
(6)
The minimum lot area of the pork-chop-shaped lot shall be at least the minimum lot area required in the zoning district in which the pork-chop-shaped lot is located, except the portion of the lot which is the narrow strip or portion of the lot to the way shall not be included in the lot area calculation.
(7)
The width of the pork-chop-shaped lot measured at the shortest distance between side lot lines is no less than 75 feet at any point between the street and the existing or proposed building on the lot. Pork-chop lots approved by the Planning Board previous to December 1984 with less than the required frontage but at least 20 feet of frontage shall be considered valid building lots for a period of 15 years from the date of adoption of this zoning amendment (9-5-1991). On September 5, 2006, any pork-chop lot approved by the Planning Board prior to December 1984 which is vacant or for which a valid building permit has not yet been issued shall lose its status as a "grandfathered" lot and be considered unbuildable.
[Amended 9-5-1991]
(8)
All front, rear, and side yard setbacks shall be the same as the minimum setbacks specified for the zone in which the lot is located.
[Amended 6-26-1987]
(9)
The depth of that portion of the lot which fails to satisfy the lot frontage requirements set forth in the definition of "frontage" in § 300-5 between the street and the existing or proposed building on the lot cannot exceed a distance of 250 feet from the street.
(10)
There shall be not more than one other pork-chop-shaped lot with frontage contiguous to it.
§ 300-19 Wind energy conversion systems.
Wind energy conversion systems devices which convert wind energy to mechanical or electrical energy are allowed by special permit from the Board of Appeals, if the applicant demonstrates that the installation will not cause 1) excessive noise (excessive noise being above 50 dBA at the nearest lot line), or 2) interference with local television and radio reception or otherwise derogate substantially from the public good, as well as meeting requirements of § 300-91, except wind energy conversion systems are allowed by right if they meet all of the following conditions:
A.
A single windmill or wind energy conversion system may be used on a lot for generating power primarily for on-site use.
B.
The minimum setback distance for all wind energy conversion systems from any abutter's property line shall be (and shall continue to be for the life of the installation) at least equal to the maximum height of the machine from grade, plus 20 feet. Setbacks will be measured to the center of the tower base.
C.
The maximum tower height shall be 70 feet from grade to the center of the rotor.
D.
Climbing access to the tower shall be limited by the installation of a fence with a locked gate around the tower base no lower than six feet and constructed in such a manner as to restrict passage through said fence or by limiting tower climbing apparatus to no lower than 10 feet from the ground.
E.
The diameter of a rotor may not exceed 30 feet.
F.
The energy conversion system will be considered abandoned if not properly maintained for a period of two years or if designated a safety hazard by the Building Inspector. The owner of any wind energy conversion system which is considered to be abandoned or considered to be a safety hazard shall be required to immediately dismantle the installation. There will be a fine of up to $100 for each day after notification to dismantle.
G.
The wind energy conversion system may not interfere with TV and radio reception. The applicant may be asked to bring in consultants at his/her own expense to certify that the system will not interfere with TV and radio reception. After the installation, if neighbors can demonstrate that there is excessive interference, the Board of Appeals may order that the wind energy conversion system be dismantled or modified to eliminate the interference.
H.
The wind energy conversion system shall be installed in accordance with the instructions of the manufacturer and shall be installed on a tower approved by the wind energy conversion system manufacturer, and shall be serviced in accordance with the manufacturer's instructions. There must be a structural support and foundation plan stamped and approved by a registered engineer in the Commonwealth of Massachusetts.
I.
All certifications and plans required shall be at the applicant's expense.
J.
The wind energy conversion system shall not cause excessive noise, above 50 dBA, at the nearest lot line.
§ 300-20 (Reserved) [1]
§ 300-21 Removal of sod, loam and gravel.
A.
The removal of sod or loam or the removal of gravel or other mineral matter for commercial purposes shall be prohibited except by approval of the Board of Appeals. In acting upon applications under this section, the following conditions shall be observed:
(1)
The Board of Appeals shall hold a public hearing after notifying all interested parties, as provided by Chapter 40A of the Massachusetts General Laws.
(2)
The applicant shall furnish a plan showing present and proposed conditions and state a time of completion.
(3)
The Board of Appeals shall consider the neighborhood and its future development in passing on applications.
(4)
The applicant shall furnish a performance bond of an amount determined by the Board of Appeals and surety satisfactory to the City Treasurer.
(5)
The applicant shall authorize the City to use the proceeds of the bond to restore the property to a condition not detrimental to the neighborhood or its future development if the work is not completed within two years of the proposed time.
(6)
No permits shall be granted for periods longer than five years.
B.
This section shall not apply to excavation or grading for streets, driveways, or walks, or in relation to structures for which a permit has been granted according to City ordinances, or to the construction and operation of wells for water supply or excavation of trenches for drainage or sanitary purposes, except in the case of new subdivisions, in which case permission must be obtained from the Planning Board. Furthermore, this section shall not apply to any earthwork within a new subdivision, in which case permission must be obtained from the Planning Board and the Planning Board must review the present and planned grades and drainage, and the earthwork must follow the approved subdivision plan.
§ 300-22 Design Review Board.
A.
Purpose; appointment; terms; recommendations.
(1)
The Design Review Board shall review projects for which building permits and/or proposals are sought before the City Council, Board of Appeals or Planning Board when such permits or proposals concern projects involving new construction or additions amounting to a 25% or greater expansion of existing structures in the Central Commercial (CC/CC2), Neighborhood Commercial (CN), General Commercial (CG), Restricted Industrial (IR), IR Overlay, General Industrial (IG), Hospital District (HD), or Beverly Harbor District (BHD) zones. Additionally, the Design Review Board will review all projects that involve new noncommercial uses on or in first floor street-facing facades in the CC/CC2 Zoning Districts, and those projects involving special permits and zoning variances in the CC/CC2, CN, CG, IR, IG, and BHD Districts. At the request of the Building Inspector, City Planner, Planning Board, City Council, or Mayor, the Design Review Board shall review any new construction or rehabilitation project in any commercial, industrial, or BHD Zoning District. The Board shall also review all signs requiring a sign permit from the Building Inspector and all projects that are subject to site plan review. (See § 300-98C.)
[Amended 6-1-2015 by Ord. No. 314; 2-13-2023 by Ord. No. 279]
(2)
The recommendations of the Design Review Board will be in order to help guide physical design and, where applicable, ensure that projects generally adhere to the tenets and recommendations of the City's Downtown Design Guidelines (2003) and the General Guidelines of the Beverly Sign Ordinance, all as the same may hereafter be amended.
[Amended 7-17-2013 by Ord. No. 57; 2-13-2023 by Ord. No. 279]
(3)
Appointment. The Mayor shall appoint, subject to confirmation by the City Council, a Design Review Board to consist of seven members: one member shall be a representative from the planning staff, one member from the Planning Board, one member from the Board of Appeals, one member from the Historic Districts Commission and the remaining three members shall include, if possible, one architect, one architect or landscape architect or graphic designer, and one business person and/or property owner from one of the designated design review districts.
[Amended 2-16-2016 by Ord. No. 013]
(4)
Term. For the three appointed members, the Mayor shall initially appoint one member for three years, one for two years, and one for one year. Thereafter, one member shall be appointed each year for a three-year term. Vacancies shall be filled by appointment by the Mayor and confirmation by the City Council for the unexpired term.
[Amended 2-16-2016 by Ord. No. 013]
(5)
Recommendation procedure. The Design Review Board shall respond to a request(s) for recommendation(s) within 30 days of receipt of such request. Failure to forward its recommendation(s) within 30 days will be deemed conclusion of review by the Design Review Board.
[Amended 7-17-2013 by Ord. No. 57]
§ 300-23 Construction near Wenham Lake.
[Amended 5-20-1993]
A.
Other provisions of the zoning ordinance notwithstanding, no construction of any kind within 100 feet of Wenham Lake for residentially used property, and no construction of any kind within 150 feet of Wenham Lake for property used for any purpose other than residential, shall be permitted.
§ 300-24 Horticultural and floricultural activities.
[Amended 1-2-1996 by Ord. No. 57]
Nothing in this chapter shall be deemed to prevent horticultural or floricultural activities for personal use or consumption, and nothing in this chapter shall be deemed to prohibit the sale of horticultural or floricultural products grown entirely on the premises from which they are sold during the months of May, June, July, August, and September, regardless of lot size.
§ 300-25 Towers and antennas.
[Amended 4-30-1997 by Ord. No. 28]
A.
All communication towers and antennas allowed via special permit and other like facilities may be erected to a maximum height of 100 feet and shall be set back a minimum distance of the total height plus 20 feet to the nearest abutting property, measured from the center of the tower or structure.
B.
Climbing access to the tower shall be limited by the installation of a fence with a locked gate around the tower base no lower than six feet and constructed in such a manner as to restrict passage through said fence or by limiting tower climbing apparatus to no lower than 10 feet above ground.
C.
Other provisions of this chapter notwithstanding, television and communication antennas may be erected on any governmentally owned structure in any zoning district, and may be erected on any structure existing at the time of adoption of this chapter regardless of ownership in any nonresidential zoning district, without a special permit; provided, however, that the antennas do not project more than 20 feet above the top of the structures on which they are located.
D.
Special permits shall not be required for television and communication antennas erected by noncommercial users for noncommercial purposes; provided, however, that such antennas must meet the height and setback requirements applicable to the zoning district in which they are located.