Beverly City Zoning Code
ARTICLE VI
Common Permitted Uses
[Amended 12-29-2005 by Ord. No. 206]
§ 300-26 Exempt uses.
Government uses and buildings under the jurisdiction of the City of Beverly are allowed in all districts. Additionally, those uses exempted from the provisions of this chapter in accordance with MGL c. 40A, § 3, are allowed in all zoning districts, subject to the provisions and requirements of that section of state law. Utility company terminal enclosures, service cabinets, and underground vaults are allowed in all districts, provided they are screened. (See § 300-5 for definition of "screening.")
§ 300-27 Accessory buildings in residential districts.
[Amended 8-27-1996 by Ord. No. 169; 12-29-2005 by Ord. No. 206]
A.
The term "accessory building" is defined in § 300-5 of this chapter. It does not include attached garages.
B.
Location.
(1)
Accessory buildings, including detached garages, pool houses, barns, greenhouses, and tool sheds, shall be permitted anywhere in the side or rear yard of any lot in a residential zoning district if they:
(a)
Conform to the required rear yard and side yard requirements;
(b)
Occupy 25% or less of the area of such yard(s); and
(c)
Are no taller than 15 feet in height or a height equal to 1/2 the distance to the nearest lot line, to a maximum of 22 feet.
(2)
No accessory building may be constructed within the front yard of a lot.
(3)
Accessory buildings located within the minimum setback requirements applicable to the main building are subject to the dimensional requirements outlined below and may occupy no more than 25% of the side yard or rear yard area.
C.
The maximum number of accessory buildings permitted on a lot is three, if one is an accessory dwelling unit and two if no accessory dwelling unit is on the lot. The Zoning Board of Appeals may authorize additional accessory buildings, by special permit, except that such relief shall not be available for purposes of creating an accessory dwelling unit or to add an additional accessory building in addition to an accessory dwelling unit.
[Amended 12-4-2023 by Ord. No. 184A]
D.
In addition to the setback requirements outlined below, an accessory building shall be sited at least five feet from the main building on the lot.
E.
Dimensional requirements for accessory buildings.
(1)
Minimum front yard setback: same as for main building.
(2)
Minimum side yard and/or rear yard setback: five feet if less than 10 feet in height; otherwise, setbacks applicable to the main building apply.
(3)
Maximum height: 10 feet if located within the required side yard or rear yard setback; otherwise, the maximum height is 15 feet, or a height equal to 1/2 the distance to the nearest lot line, to a maximum of 22 feet.
(4)
Maximum size: 100 square feet if located within the required side yard or rear yard setback; otherwise, maximum size is 25% of the yard's area.
F.
Special provisions for accessory dwelling units. Provisions and regulations for accessory dwelling units are set forth in § 300-55, Accessory dwelling units.
[Added 12-4-2023 by Ord. No. 184A[1]]
[1]
Editor's Note: This ordinance also renumbered former Subsection F as Subsection G.
G.
The Zoning Board of Appeals shall have the authority under MGL c. 40A, § 6, to permit relief from the maximum height and size requirements of this section.
§ 300-28 Accessory buildings and uses in other districts.
Accessory buildings and uses required for and clearly incidental to the main building or use in all nonresidential zoning districts are permitted. Such accessory buildings shall be permitted anywhere in the side yard or rear yard of any lot in a nonresidential zoning district if they conform to the required rear yard and side yard setback requirements and height restrictions applicable to the main building. No accessory building may be constructed within the front yard of a lot.
§ 300-29 Swimming pools and tennis courts.
A.
Swimming pools and tennis courts shall be permitted in a side yard or rear yard but with a minimum setback from any rear lot line or side lot line of 10 feet. No tennis court or swimming pool may be constructed within the front yard of a lot.
B.
Swimming pools shall be enclosed by a safety fence of not less than four feet in height. Aboveground pools must be equipped with a self-closing gate, latch and lock around the ladder access. No pool shall be filled with water before a permanent fence has been erected and, in the case of an aboveground pool, a self-closing gate, latch and lock has been installed around the ladder access.
[Amended 12-29-2005 by Ord. No. 206]