Everett City Zoning Code
SECTION 18
Interim Overlay District.
(Ord. of 6-29-87; amended as part of October 2021 update; C0031-14)
A.
Purpose.
The purposes of this section are declared to be:
1.
To provide for the controlled and most appropriate development of the designated area during the period of time required to study and modify the Everett Building Zone Ordinance.
2.
To ensure that the area is developed so that it will not adversely affect traffic circulation, traffic safety or pedestrian safety.
3.
To ensure that public utilities will be adequate to service the area.
4.
To ensure that the development of the area does not adversely affect residential areas in close proximity.
B.
Interim Overlay Boundaries.
The interim overlay district shall be bounded as follows:
Starting at the northeast corner of the intersection of the Boston and Maine Railroad right-of way and Broadway and extending southerly along the west side of Broadway to the southeast corner of the intersection of Broadway and Chemical Lane and extending along the northerly side of Chemical Lane 300 feet from the westerly side of Broadway, then on a line northerly to the easterly side of Charlton Street, then northerly along Charlton Street to the intersection of the Boston and Maine Railroad right-of-way, then along the Boston and Maine Railroad right-of-way to Broadway.
C.
Regulations.
1.
The interim Overlay District shall be in effect for a period of five (5) years from the date of adoption.
2.
The effective period of the Interim Overlay District may be extended by a two-thirds (2/3) vote of the city council, but under no circumstances may the total period of extension exceed two (2) years.
D.
Use Restrictions.
A building permit shall not be issued for any of the following uses within the interim overlay district:
1.
Power, gas or fuel generating facilities.
2.
Open lot storage, handling or hauling of used materials including, but not limited to building materials, metal junk, scrap, paper, rags or motor vehicles.
3.
Industrial operations, either outside or inside the building, which produce outside noxious odors, smoke, steam, or other emissions, or which produce industrial noise or require excessive use of large trucks or trailers or transfer of large amounts of industrial materials.
4.
Open lot or enclosed storage of coal, coke, sand or similar materials.
5.
Service stations, auto, truck or bus repair, auto, truck body repair, car washes, automobile, truck or bus service, motor freight terminal, truck showrooms or agencies for the sale of new or used trucks.
6.
Storage and sale of building materials or machinery.
7.
Manufacture, assembly, processing, packing or other industrial operations associated with medium to heavy industry which involves machining, welding, shearing, forging, stamping or similar operations.
E.
Dimensional Requirements.
No building within the overlay district may be located closer than thirty (30) feet to the street lot line at the closest point.
Exception: Any lot whose least depth measures not more than one hundred fifty (150) feet measured perpendicular to the Broadway street line may deduct six (6) inches from the thirty (30) foot distance required by section (E), 1., for every foot that it is less than one hundred fifty (150) feet in depth measured perpendicular to the Broadway street line, providing, however, that no building may be located closer than twenty (20) feet from the Broadway street line.
F.
Landscaping Requirements.
There shall be an area of landscaping along the front and side lot lines as follows:
G.
Landscaping Standards.
Landscaping required for compliance with the provisions of the overlay district shall consist of trees and/or shrubs at least three (3) feet in height when planted, over at least sixty (60) percent of the landscaped area. The remaining forty (40) percent may be planted at any height.
H.
Parking Requirements.
The following provisions shall regulate parking within the overlay district in addition to any other provisions of this ordinance.
1.
There shall be no parking allowed within the thirty (30) foot, distance required by section (E) above.
Exception: Where landscaping in accordance with these provisions is provided which is at least twenty (20) feet in width along the street lot line, then a single line of parking spaces may be located between the building and the landscaping, arranged head in, at an angle or parallel to the building, with the total number of such spaces not to exceed fifteen (15) percent of the total required parking.
2.
All required parking, except as provided above, shall be located at least fifty (50) feet, back from the street lot line.
Exception: Where there is at least five (5) square feet of landscaping provided, in accordance with section (G) above, evenly distributed through the parking area, for each required parking space, the parking may be located within thirty (30) feet of the street lot line, except as provided in paragraph (H) 1. Above.
I.
Sign Requirements.
Signs within the overlay district shall be limited to those allowed below and shall be subject to the following provisions:
1.
Wall signs: Individual wall signs identifying on-site tenants shall not exceed one hundred twenty (120) square feet in area on any wall and the total area of all wall signs on a building shall not exceed three hundred and sixty (360) square feet in area.
2.
Freestanding signs: Freestanding signs identifying on-site tenants shall be not more than a total of twenty-four (24) square feet in area, shall set back at least ten (10) feet from any lot line, and the total height above grade shall not exceed four (4) feet.
4.
Accessory signs: Accessory signs required to provide directions or information shall not exceed six (6) square feet in area and may be located on walls or at grade, in accordance with the provisions of this section.
J.
Exceptions.
The following shall be exempt from the applications of this section
1.
Repairs to existing structures.
2.
Reconstruction in accordance with the building zone ordinance of any structure damaged by casualty.
3.
Any plan which received, prior to the date of adoption of this section, preliminary subdivision approval from the planning board and/or for which an application for a special permit or variance was filed, provided that such special permit or variance is granted by the zoning board of appeals as the result of such application.
4.
Construction or renovation of any dwelling units subsidized by the federal or state government for low or moderate income persons including the state chapter 667 program for the elderly, the state chapter 689 program for the disabled persons, the state chapter 705 programs for families, the State Housing Assistance for Rental Production (SHARP) Program. The State Tax Exempt Local Loans to Encourage Rental Housing (TELLER) Program, the State Home Ownership Opportunity Program, and any other federal, state, county or municipal programs which may be utilized for the production of, or restoration of housing for low or moderate income persons under the provisions of chapter 121B of the Massachusetts General Laws or other statute, regulation or by-law.