The uses and restrictions applicable to each zoning district are defined in this division. In addition to the regulations specified in this division, all other land development regulations pertinent to development in each zoning district also apply. All zones have maximum height, coverage, setback and story limits. These specifications can be found in each zone description or in division 6 of this article and in section 26-751.

(Ord. No. 00-10-1, § 2.3, 10-4-2000)

(a)

Areas of applicability. The conservation district applies to saltwater marsh, coastal scrub and spoil areas as shown on the Beverly Beach Land Use Map 2035.

(b)

Purpose. The purpose of this district is to protect valuable natural areas needed for aquifer recharge, outdoor recreation, open space and enjoyment of scenic resources, and to prevent intense development on areas unsuited for this type of development by reason of soil, water table, drainage and other characteristics. The provisions of this district are to allow only development that respects and safeguards the environmentally sensitive nature of the area.

(c)

Compliance with federal and state regulations. Development proposals in such designated areas must conform with all applicable federal and state laws and administrative regulations, including, but not limited to, the state department of environmental protection requirements for coastal areas.

(d)

Maximum density. Development in the conservation district may occur at a density no greater than one unit per five acres.

(e)

Unrestricted uses. Unrestricted uses are as follows:

(1)

Open space parks and recreational areas.

(2)

Essential public services and facilities.

(Ord. No. 00-10-1, §§ 2.2, 2.31, 10-4-2000)

(a)

Purpose; maximum density. This section applies to the VLDR district. The purpose of this district is to delineate areas for housing for residential development with a density up to three units per acre, and development shall not exceed such density. This category of zoning district is intended for development as single-family residential units with compatible accessory uses.

(b)

Unrestricted uses. Unrestricted uses are as follows:

(1)

Single-family dwellings.

(2)

Parks and recreational areas.

(3)

Essential public services.

(c)

Accessory uses. Accessory uses are as follows:

(1)

Home occupations.

(2)

Private garage.

(3)

Private swimming pools and cabanas.

(4)

Customary accessory uses and structures clearly incidental to one or more permitted uses and structures.

(d)

Special exception uses. Special exception uses are as follows:

(1)

Private, social, or recreational clubs or organizations.

(2)

Houses of worship.

(3)

Public or private schools.

(Ord. No. 00-10-1, §§ 2.2, 2.32, 10-4-2000)

(a)

Purpose; maximum density. This section applies to the LDR district. The purpose of this district is to delineate areas for low density residential development with a density up to five units per acre. This category of zoning district is intended for development as single-family residential units with compatible accessory uses.

(b)

Unrestricted uses. Unrestricted uses are as follows:

(1)

Single-family dwellings.

(2)

Parks and recreational areas.

(3)

Essential public services.

(c)

Accessory uses. Accessory uses are as follows:

(1)

Home occupations.

(2)

Private garages.

(3)

Private swimming pools and cabanas.

(4)

Customary accessory uses and structures clearly incidental to one or more permitted uses and structures.

(d)

Special exception uses. Special exception uses are as follows:

(1)

Private, social, or recreational clubs or organizations.

(2)

Houses of worship.

(3)

Public or private schools.

(4)

Two-family dwellings.

(Ord. No. 00-10-1, §§ 2.2, 2.33, 10-4-2000)

(a)

Purpose, maximum density. The purpose of this district is to provide for a variety of housing types up to a density of five units per acre in a floodplain and up to nine units elsewhere within said district.

(b)

Building height. Buildings constructed in this zoning district shall not exceed a maximum height of 35 feet measured pursuant to section 26-1003, building heights.

(c)

Permitted types of development. Due to building lot requirements of 75 feet by 100 feet (or approximately 5.86 units per acre), this zone will support single-family residential homes, mobile homes, duplexes or multi-family units.

(d)

Unrestricted uses.

(1)

Single-family.

(2)

Duplex.

(3)

Multi-family.

(4)

Parks and recreation.

(5)

Essential public services.

(e)

Accessory uses.

(1)

Home occupations.

(2)

Private garages.

(3)

Private swimming pools and cabanas.

(4)

Customary accessory uses and structures clearly incidental to one or more permitted uses.

(f)

Special exception uses.

(1)

Private, social, recreational clubs or organizations.

(2)

Houses of worship.

(3)

Day care centers.

(4)

Private or public schools.

(Ord. No. 00-10-1, §§ 2.2, 2.34, 10-4-2000; Ord. No. 2005-ORD-1, §§ 4—6, 6-6-2005)

(a)

Purpose. This section applies to the MHP district. Mobile home parks are included in the medium density residential land use category. The provisions of this district are intended to apply MDR areas which consist exclusively of mobile/manufactured homes occupied as single-family dwelling units in an environment of residential character. Site plan approval is required for the modification of existing facilities. There will be no new properties zoned for mobile home parks in the town.

(b)

Unrestricted uses. Unrestricted uses are as follows:

(1)

Mobile/manufactured homes.

(2)

Mobile homes occupied as residences used for group housing or day care centers.

(3)

Park recreational facilities, including community center, courts for games, and play areas.

(4)

Park offices and maintenance facilities.

(5)

Enclosed storage structures, including garage facilities, with use limited to park management and park residents.

(c)

Accessory uses. Accessory uses and structures including the following are permitted if they are customarily accessory uses to permitted uses and structures, are located on the same lot or parcel as the mobile home park, are not likely to attract visitors in large numbers (greater than ten percent of the park population), and involve operations or structures consistent with the character of a mobile home park:

(1)

Laundry facilities and sales of sundries subject to the following:

a.

Such establishments shall be for the exclusive use of park residents; and

b.

The commercial nature of such establishments shall not be visible from any street outside of the park.

(2)

Additions to the basic mobile/manufactured home, including cabanas, carports and storage units.

(d)

Special exception uses. Special exception uses are as follows:

(1)

Marina.

(2)

Open storage areas the use of which is limited to park management and park residents.

(3)

Essential services and emergency services.

(4)

Churches, synagogues or other houses of worship.

(5)

Home occupations.

(Ord. No. 00-10-1, § 2.35, 10-4-2000)

Cross reference— Mobile home parks, § 26-961 et seq.

(a)

Purpose; height restriction. This section applies to the GC district. The provisions of this district are intended to serve the general commercial needs of the citizens and tourists. Building height shall be restricted to three stories, with the maximum height of 35 feet.

(b)

Unrestricted uses. Unrestricted uses are as follows:

(1)

Motels and hotels.

(2)

Restaurants.

(3)

Gift shops.

(4)

Regional shopping centers.

(5)

Retail sales and service establishments.

(6)

General office buildings.

(7)

Commercial recreational entertainment facilities.

(8)

Boat and marine supply sales.

(9)

Marinas.

(10)

Public administrative facilities.

(11)

Essential public services and facilities.

(12)

Private, social, recreational or fraternal clubs or organizations.

(c)

Accessory uses. Accessory uses are as follows:

(1)

Automotive parking.

(2)

Cocktail lounges and bars which are accessory to and within a motel, hotel or restaurant.

(3)

Residential uses accessory to a principal use.

(4)

Customary uses and structures clearly incidental to one or more permitted uses and structures.

(d)

Special exception uses. Special exception uses are as follows: Temporary structures, by permit, including carnivals, circuses and other temporary commercial amusement activities and religious gatherings for special events of a temporary nature, with the town commission establishing the period when such events shall begin and end.

(Ord. No. 00-10-1, § 2.36, 10-4-2000)

Cross reference— Businesses, ch. 14.

The public utilities zoning district is created to provide a designated site for locating public facilities (potable water, sanitary sewer plants, garbage transfer stations, etc.) that are not part of a development within a community and which serve only that community.

(Ord. No. 00-10-1, § 2.37, 10-4-2000)

Cross reference— Utilities, ch. 50.