Beverly City Zoning Code
ARTICLE VIII
Overlay Districts
§ 300-48 FOD Floodplain Overlay District.
[Amended 7-5-2012 by Ord. No. 102; 6-16-2014 by Ord. No. 104]
A.
Purpose. The purposes of the Floodplain Overlay District are to protect the health and safety of residents of lands subject to seasonal or periodic flooding and to minimize future flood damage by providing for the maintenance of existing waterways, water bodies, and wetlands through a floodplain management program.
B. AREA OF SPECIAL FLOOD HAZARD BASE FLOOD COASTAL HIGH-HAZARD AREA DEVELOPMENT FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) FIVE-HUNDRED-YEAR FLOOD FLOOD INSURANCE RATE MAP (FIRM) FLOOD INSURANCE STUDY FLOOD or FLOODING FLOODWAY LOWEST FLOOR NEW CONSTRUCTION ONE-HUNDRED-YEAR FLOOD REGULATORY FLOODWAY SPECIAL FLOOD HAZARD AREA STRUCTURE SUBSTANTIAL DAMAGE SUBSTANTIAL IMPROVEMENT ZONE A ZONE AE (FOR NEW AND REVISED MAPS) ZONE AH AND ZONE AO ZONE VE ZONE X
Definitions. For purposes of this section, the following terms shall have the following meanings:
Land in a floodplain that is subject to a one-percent or greater chance of flooding in any given year and which is designated on a FIRM as Zone A, AO, AH, AE, A99, VE, or V.
The flood having a one-percent chance of being equaled or exceeded in any given year.
An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast and any other area subject to high-velocity wave action from storms or seismic sources and designated on a FIRM as Zone V or VE.
Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.
The federal agency which administers the National Flood Insurance Program and provides a nationwide flood hazard area mapping study program for communities as well as regulatory standards for development in the flood hazard areas.
A general and temporary condition of partial or complete inundation of two or more acres of normally dry land areas or of two or more properties that have a 0.2% annual chance of flooding and which are located outside of special flood hazard areas.
An official map of a community on which FEMA has delineated both the areas of special flood hazard and the risk-premium zones applicable to the community.
An examination, evaluation, and determination of flood hazards, and, if appropriate, corresponding water surface elevations, or an examination, evaluation and determination of flood-related erosion hazards.
A general and temporary condition of partial or complete inundation of normally dry land areas or of two or more lots. This inundation can result from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters from any source or from mudflow.
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation.
The lowest floor of the lowest enclosed area (including basement or cellar). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement or cellar, is not considered a building's lowest floor, provided that such enclosure is not built so as to render the structure in violation of the applicable nonelevation design requirements of NFIP Regulation 60.3.
For floodplain management purposes, structures for which the start of construction commenced on or after the effective date of a floodplain management regulation adopted by the City of Beverly. For the purpose of determining insurance rates, the term "new construction" means structures for which the start of construction commenced on or after the effective date of an initial FIRM or after December 31, 1974, whichever is later.
See "base flood."
See "floodway."
An area having special flood and/or flood-related erosion hazards, and shown on a FIRM as Zone A, AO, AE, A99, AH, V or VE.
For floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. For insurance coverage purposes, the term "structure" means a walled and roofed building, other than a gas or liquid storage tank, that is principally above ground and affixed to a permanent site, as well as a manufactured home on a foundation. For the latter purpose, the term includes a building while in the course of construction, alteration, or repair, but does not include building materials or supplies intended for use in such construction, alteration, or repair, unless such materials or supplies are within an enclosed building on the premises.
Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.
Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either (a) before the improvement or repair is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this subsection, the term "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure.
The one-hundred-year floodplain area where the base flood elevation (BFE) has not been determined. To determine the BFE, use the best available federal, state, local or other data.
That portion of the one-hundred-year floodplain where the base flood elevation has been determined. (Note that Zone AE replaces Zones A1-A30 on maps created in and prior to 1987.)
That portion of the one-hundred-year floodplain with flood depths of one foot to three feet.
Areas in Beverly identified by a FEMA-conducted Flood Insurance Study as special flood hazard areas along a coast subject to inundation by a one-hundred-year flood with additional hazards due to velocity (wave action) for which base flood elevations have been determined.
Areas in Beverly identified by a FEMA-conducted Flood Insurance Study as those of moderate or minimal flood hazard. (Note that Zone X replaces Zones B and C on maps created in and prior to 1987.)
C.
Use regulations.
(1)
The Floodplain Overlay District is herein established as an overlay district and includes all special flood hazard areas within the City of Beverly currently designated as Zone A, AE, AH, AO, A99, V or VE on the Essex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Essex County FIRM that are wholly or partially within the City of Beverly are panel numbers 25009C0408F, 25009C0409F, 25009C0428F, 25009C0429F, dated July 3, 2012; and 25009C0416F, 25009C0417G, 25009C0433G, 25009C0436G, 25009C0437G, and 25009C0441G, dated July 16, 2014. The exact boundaries of the Floodplain Overlay District may be defined by the one-hundred-year base flood elevations shown on the FIRM and by the Flood Insurance Study (FIS) report(s) for Essex County prepared by FEMA dated July 16, 2014. Prior to July 16, 2014, refer to the July 3, 2012, FIRM panels. The aforementioned FIRM panels and FIS report are incorporated herein by reference and are on file with the City Engineer.
(2)
The Floodplain Overlay District is established as an overlay district to all other districts. All development in the overlay district, including structural and nonstructural activities, whether permitted by right or by special permit, must comply with all other applicable local, state and federal laws. These laws include (but are not limited to) this Chapter 300, Zoning, MGL c. 131, § 40, Chapter 287, Wetlands Protection, of the City Code, sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high-hazard areas, and DEP regulations, restrictions and requirements for wetlands protection, inland and coastal wetlands and requirements for sanitary sewage subsurface disposal.
(3)
Additionally, permitted uses are subject to the following requirements:
(a)
All encroachments, including fill, new construction, substantial improvements to existing structures, and other developments are prohibited in the floodway as designated on the Flood Insurance Rate Map for Beverly.
(b)
In Zone VE (areas of one-hundred-year coastal flood with wave action), all new construction or substantial improvements must be located landward of the reach of mean high tide.
(c)
A floodplain development permit shall be obtained before any construction or development begins within any area of special flood hazard as determined by Beverly's Flood Insurance Rate Maps.
D.
Application requirements. Application for a development permit shall be made on forms furnished by the Municipal Inspections Department. The form must be accompanied by the following:
(1)
A narrative that describes the extent to which any watercourse will be altered or relocated as a result of the proposed development. Note that no encroachments may be proposed within a designated floodway (see Subsection C). In a riverine situation where alteration or relocation of a watercourse is proposed, the applicant shall notify by certified mail, return receipt requested, all adjacent communities, the NFIP State Coordinator for the MA Department of Conservation and Recreation and the NFIP Program Specialist for the Federal Emergency Management Agency Region 1. Proof of notification shall be submitted with the floodplain development permit application.
(2)
Plans, drawn to scale, showing the nature, location, dimensions, and elevations of the area in question with detail of existing or proposed structures, fills, and drainage facilities shall be included with the floodplain development permit application. Specifically, the following information is required on the plan:
(a)
Certification by a registered professional engineer that any construction, improvements, or development meets the requirements of the rules and regulations stipulated in 44 CFR 60.3 (known as the Federal Emergency Management Agency's National Flood Insurance Program, and known more specifically as Floodplain Management Criteria for Flood-Prone Areas). Copies of these regulations are available at the Municipal Inspections Department and City Engineer's office.
(b)
In Zone A where flood base elevation data is not provided on the FIRM, the applicant shall obtain any existing base flood elevation data and it shall be reviewed by a registered professional engineer for its reasonable utilization toward meeting the requirements of the Floodplain Overlay District ordinance.
(c)
Information as to the elevation in relation to mean sea level of the lowest floor of all structures (including basements).
(3)
All permits for construction in the Floodplain Overlay District shall be subject to administrative review by the City's Health Department, Municipal Inspections Department, Engineering Division of the Public Services Department and Conservation Commission.
(4)
In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
(5)
Base flood elevation data is required for subdivision proposals or other developments greater than 10 lots or two acres, whichever is the lesser, within unnumbered A Zones.
(6)
Within Zones AH and AO on the FIRM, adequate drainage paths must be provided around structures on slopes, to guide floodwaters around and away from proposed structures.
(7)
Man-made alteration of sand dunes within Zone VE which would increase potential flood damage is prohibited.
§ 300-49 LHD Local Historic District.
No building in the Fish Flake Hill Local Historic District (Front Street) shall be altered or constructed until a certificate of appropriateness is received from the Beverly Historic Districts Commission.
§ 300-50 WSPOD Water Supply Protection Overlay District.
[Amended by Ord. No. 169; 6-19-2013 by Ord. No. 76]
A.
Purpose. The purposes of the Water Supply Protection Overlay District (WSPOD) are to:
(1)
Protect and promote the health, safety, and general welfare of the community by ensuring an adequate quality and quantity of drinking water for the residents, institutions and businesses of the City of Beverly;
(2)
Protect and preserve watersheds, surface waters, groundwater, and aquifers for existing drinking water supplies and potential sources of drinking water supplies;
(3)
Inhibit temporary and permanent contamination of watersheds, surface waters, and groundwater in the WSPOD;
(4)
Protect the community by restricting and controlling activities which are likely to have a significant adverse impact(s), immediate or cumulative, upon the quality of the surface water and groundwater in the WSPOD; and
(5)
Work in support of the Salem and Beverly Water Supply Board, which has primary responsibility for the distribution and protection of the water supply for Beverly, Salem and parts of Wenham, and has ultimate authority for those activities.
B.
Applicability. The Water Supply Protection Overlay District is superimposed over the underlying districts set forth in this chapter and shall apply to all new construction, reconstruction, or expansion of existing buildings and new or expanded uses. Within the Water Supply Protection Overlay District, the requirements of the underlying district continue to apply, except where the requirements of the Water Supply Protection Overlay District are more stringent.
C. PETROLEUM PRODUCT PROPANE RECHARGE AREA SALEM AND BEVERLY WATER SUPPLY BOARD (SBWSB)(1) (2) (3) (4) (5) SLUDGE TREATMENT WORKS VERY SMALL QUANTITY GENERATOR WATERSHED
Definitions. For the purposes of this section, the following terms and words are given the meanings stated below (For other terms or words see § 300-5, Definitions.):
Petroleum or a petroleum by-product, including, but not limited to, fuel oil; gasoline; diesel; kerosene; aviation jet fuel; aviation gasoline; lubricating oils; oily sludge; oil refuse; oil mixed with other wastes; crude oils; or other liquid hydrocarbons regardless of specific gravity. The term "petroleum product" shall not include liquefied petroleum gas, including, but not limited to, liquefied natural gas, propane or butane.
A colorless, hydrocarbon gas liquefied when under pressure.
An area that collects precipitation or surface water to resupply a water body or aquifer as defined in 310 CMR 40.00 and 310 CMR 22.00, inclusive.
A regional agency comprising the Cities of Salem and Beverly, which oversees and regulates the quality of the drinking water as well as the quantity of potable water necessary to ensure an adequate supply to the two affected communities as well as to parts of the Town of Wenham. The SBWSB consists of:
The Beverly City Engineer;
A Beverly citizen appointed by the Mayor of Beverly;
The Salem Director of Public Works;
A Salem citizen appointed by the Mayor of Salem; and
A person who does not reside in, own property or have business interests in either the City of Beverly or Salem, who is appointed by the Governor of the Commonwealth and serves as the Chairman of the Board.
The solid, semi-solid, and liquid residue that results from a process of wastewater treatment or drinking water treatment. Sludge does not include grit, screening, or grease and oil which are removed at the headworks of a facility.
Any and all devices, processes and properties, real or personal, used in the collection, pumping, transmission, storage, treatment, disposal, recycling, reclamation, or reuse of waterborne pollutants, but not including any works receiving a hazardous waste from off the site of the works for the purpose of treatment, storage, or disposal.
Any public or private entity, other than residential, which produces less than 27 gallons (100 kilograms) per month of hazardous waste or waste oil, but not including any acutely hazardous waste as defined in 310 CMR 30.136.
The area contained within the geomorphic or topographic boundaries of higher elevations which cause surface water and/or groundwater to drain or flow to lower elevations into water used as a public water source.
D.
Delineation of Water Supply Protection Overlay District. The Water Supply Protection Overlay District shall be as shown on the official City of Beverly Zoning District Map.
E.
Prohibited uses or activities. The following uses and activities are expressly prohibited within the Water Supply Protection Overlay District:
(1)
Storage of chemical or petroleum products of any kind except for:
(a)
Products stored in a freestanding container of less than 15 gallons' capacity;
(b)
Heating fuel products stored in the building where that fuel is to be utilized;
(c)
Propane gas, stored above ground, to be used for residential home heating purposes; and
(d)
Propane gas, stored above ground, to be used for retail resale; provided, however, that the containers being filled for resale shall be no larger than 40 pounds' capacity.
(e)
The storage incidental to:
[1]
Normal household use, outdoor maintenance, or the heating of a structure; or
[2]
The use of emergency generators; or
[3]
A response action conducted or performed in accordance with MGL c. 21E and 310 CMR 40.000 and which is exempt from a groundwater discharge permit pursuant to 314 CMR 5.05(14); or
(f)
Storage within a building, either in a container(s) or aboveground tank(s), or outdoors in a covered container(s) or aboveground tank(s) in an area that has a containment system designed and operated to hold either 10% of the total possible storage capacity of all containers, or 110% of the largest container's storage capacity, whichever is greater. However, these storage requirements do not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline, provided the replacement is performed in accordance with applicable state and local requirements;
(2)
Treatment or disposal works subject to 314 CMR 3.00 or 5.00, except the following:
(a)
The replacement or repair of an existing treatment or disposal works that will not result in a design capacity greater than the design capacity of the existing treatment or disposal works.
(b)
Treatment or disposal works for sanitary sewage if necessary to treat existing sanitary sewage discharges in noncompliance with Title 5, 310 CMR 15.00, provided that any such facility shall be permitted in accordance with applicable state regulations and requirements.
(c)
Treatment works designed for the treatment of contaminated groundwater or surface waters permitted and operated in compliance with 314 CMR 5.05(3) or 5.05(13).
(d)
Discharge by a public water system of waters incidental to water treatment processes.
(3)
Facilities that, through their acts or processes, generate, treat, store or dispose of hazardous waste as defined in § 300-5, except for the following:
(4)
Sand and gravel excavation operations.
(5)
Uncovered or uncontained storage of fertilizers, herbicides and pesticides.
(6)
Uncovered or uncontained storage of road or parking lot deicing and sanding materials.
(7)
Storage or disposal of snow or ice removed from highways and streets outside the district that contains deicing chemicals.
(8)
Uncovered or uncontained storage of manure.
(9)
Junk and salvage operations.
(10)
Motor vehicle or aircraft repair operations not in accordance with state regulations (MGL Chapter 21C).
(11)
Solid waste disposal other than brush or stumps, landfills, combustion facilities, or handling facilities as defined at 310 CMR 16.00 or MGL Chapter 21C.
(12)
Commercial outdoor washing of motor vehicles or airplanes, and commercial car washes not in accordance with state (310 CMR 27.00A, 314 CMR 5.00) and federal (the Federal Clean Water Act) regulations.
(13)
Disposal of leachable wastes.
(14)
Landfills.
(15)
Floor drains in all facilities handling hazardous waste as defined in the Massachusetts Hazardous Waste Regulations, 310 CMR 30.010.
(16)
Animal feed lots.
(17)
Dry-cleaning establishments.
(18)
Mining of natural resources.
F.
Uses permitted by right. The following uses are permitted by right within the Water Supply Protection Overlay District, subject to the provisions of the underlying zoning:
(1)
Conservation of soil, water, plants, and wildlife.
(2)
Outdoor recreation, not involving the use of motor vehicles or motor boats, including boating, fishing, nature study and hunting where otherwise legally permitted.
(3)
Foot, bicycle, and horse paths and bridges.
(4)
Rehabilitation, repair, and maintenance of any existing (prior to adoption of this amendment) structure, provided there is no increase in impervious pavement (other than that material which is used in the construction of the structure itself) and provided that all appropriate permits (if any) have been obtained.
(5)
Expansion of any existing residential structure.
(6)
New single-family residential development, as permitted in the underlying district, provided that such (individual) development is not in excess of two house lots.
(7)
Farming, gardening, nursery, conservation, forestry, harvesting and grazing uses, provided that fertilizers, herbicides, pesticides, manure and other leachable materials are not stored outdoors.
G.
Uses permitted by special permit.
(1)
The following uses are only allowed by special permit within the Water Supply Protection Overlay District:
(a)
Commercial and industrial uses permitted in the underlying district.
(b)
New single-family development in excess of two house lots or multifamily residential development as permitted in the underlying district.
(c)
Enlargement or alteration of existing uses that do not conform to the Water Supply Protection Overlay District.
(d)
Activities that involve the handling of toxic or hazardous materials in quantities greater than those associated with normal household use, as permitted in the underlying zoning district.
(2)
Special permit applications shall be made, reviewed, and acted upon in accordance with the following procedures:
(a)
An application, plan and filing fee shall be submitted in accordance with the Rules of the Planning Board for the Issuance of Special Permits and will be processed in accordance with the procedural requirements of MGL c. 40A, § 9.
(b)
The Planning Board shall forward the special permit application to the Board of Health, Conservation Commission, Department of Public Services, Engineering Department and the Salem and Beverly Water Supply Board (SBWSB) for review and comment. These boards, commissions and departments shall forward a recommendation to the Planning Board within 30 days of submittal, but may request an additional thirty-day extension of time for providing comment.
(c)
Applications shall, at a minimum, include the following information where pertinent:
[1]
Description of the proposed project, including location and extent of impervious surfaces; on-site processes or storage of materials; the anticipated use of the land and buildings; description of the site, including topographic, hydrologic and vegetative surfaces.
[2]
Characteristics of natural runoff and projected runoff with the proposed project, including its rate and chemical characteristics deemed necessary to make an accurate assessment of water quality.
[3]
Measures proposed to be employed to reduce the rate of runoff and pollutant loading of runoff from the project area, both during and after construction.
[4]
Proposed runoff control and reservoir protection measures for the site. These measures shall be designed with the goal of ensuring that the rate of surface water runoff from the site does not exceed pre-development conditions and that the quality of such runoff will not be less than pre-development conditions.
[5]
A complete list of chemicals, pesticides, herbicides, fertilizers, fuels, and other potentially hazardous materials to be used or stored on the premises in quantities greater than those associated with normal household use.
[6]
For those activities using or storing such hazardous materials, a hazardous materials management plan shall also be prepared and filed with the Fire Department and Board of Health. The plan shall include:
[a]
Provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion leakage, or vandalism, including spill containment and clean-up procedures;
[b]
Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces;
[c]
Evidence of compliance with the Massachusetts Hazardous Waste Regulations, 310 CMR 30.00; and
[d]
Proposed down-gradient location(s) for a groundwater monitoring well(s), should the Planning Board deem the activity a potential groundwater threat.
(d)
The Planning Board may adopt regulations to govern design features of projects.
[1]
The Planning Board may grant the required special permit only upon finding that the proposed use meets the conditions set forth in § 300-91B, any other applicable regulations or guidelines adopted by the Planning Board, and the following additional conditions:
[a]
The proposed use in no way, during construction or thereafter, adversely affects the existing or potential quality of water that is available in the Water Supply Protection Overlay District; and
[b]
The proposed construction has been designed to avoid unnecessary disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.
[2]
The Planning Board may deny a proposed project or activity if it finds that such project or activity violates the purposes of this overlay district, has an adverse environmental impact on the watershed, aquifer and/or recharge area or adversely affects the existing or potential public water supply. Appeals of the Planning Board's decision may be taken to the Board of Appeals for further public hearing.
H.
Enforcement. Written notice of any violations of this chapter shall be given to the responsible person by the Director of Municipal Inspections as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the Planning Board, Board of Health, Conservation Commission, Department of Public Services, and the Salem and Beverly Water Supply Board. The cost of containment, clean-up, or other action of compliance shall be borne by the owner and operator of the premises jointly and severally. If a plan to remedy the violation is not provided to the Director of Municipal Inspections within 30 days of the deliverance of the notice of violation, the Director of Municipal Inspections is authorized to assess a fine of no more than $100 per day until the remediation plan is provided to the Planning Board.[1]
§ 300-51 IR Overlay District.
[Amended 2-19-2009 by Ord. No. 230]
The IR Overlay District is established to provide principally for mixed-use commercial development within the IR District. See § 300-42.