Everett City Zoning Code
SECTION 24
Telecommunications Overlay District.
(Ord. of 10/22/1999; amended as part of October 2021 update)
A.
Purpose:
To encourage flexible development options consistent with the overall objective to provide a distinctive and visually attractive economic center, primarily supporting the telecommunications industry and including public access to the Malden River Park.
B.
Overlay District Boundaries:
The overlay district shall be bounded as follows:
Beginning at the southeast corner of the intersection of the Revere Beach Parkway and the boundary of the Cities of Everett and Malden, thence running in a northerly direction along the Malden River to the Malden city line, thence running in an easterly direction along the boundary of the cities of Everett and Malden to the Boston and Maine Railroad right of way, thence running in a southerly direction along the Boston and Maine railroad right of way to Air Force Road, thence along Air Force Road in a southerly direction to Norman Street, thence running along Norman Street in a westerly direction to Santilli Highway, thence along Santilli Highway to the Revere Beach parkway in a westerly direction to the point of beginning.
C.
Regulations:
1.
The overlay district shall be in effect for a period of five (5) years from the date of adoption.
2.
The effective period of the Overlay District may be extended by a two-thirds vote of the City Council, but under no circumstances may the total period of extension exceed five (5) years.
3.
A public hearing before the City Council shall be held to solicit comments from the public. A report of such public hearing shall be submitted to the Planning Board.
D.
Use Restrictions:
The following uses shall be permitted within the Overlay District:
1.
Communications Infrastructure
2.
Industrial Uses related to research and development facilities.
3.
Offices.
4.
Research and Development Facilities whose principle uses are related to telecommunications, electronics, engineering, and physics.
5.
Retail Sales and Services.
6.
Financial Institutions.
7.
Telecommunications Facilities.
8.
Medical research and Development Institutions.
9.
Accessory Use or Structure customarily incidental and subordinate to the principle use or principle structure.
The following uses shall not be permitted within the Overlay District: |
10.
Trailer Parks.
11.
Animal processing.
12.
Food processing.
13.
Excavating and mining.
14.
Gasoline stations and motor vehicle facilities.
15.
Recycling stations.
16.
Entertainment facilities.
17.
Warehousing, except as permitted in connection with an Industrial use allowed under section 4.0-2 above.
18.
Trucking terminals and freestanding product distribution centers.
E.
Dimensional Requirements:
1.
Floor Area Ration (FAR).
The maximum FAR shall be 0.50.
2.
Maximum Height.
Ten stories and 120 feet. However, communications antennae permitted by special permit may extend up to 200 feet above grade, either as a freestanding structure or attached to structures.
3.
Minimum Open Space.
The minimum open space shall be 40 %.
4.
Maximum Lot Coverage.
No more than 60 % of the total lot may be covered by structures, buildings, parking facilities and other impervious surfaces.
5.
Riverfront Setback.
In no instance shall any structure, parking facility, sign, or paved roadway be located within 75 feet of the average high-water mark of the Malden River.
F.
Exceptions.
The following shall be exempt from the application 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 adoption of this section, preliminary subdivision approval from the Planning Board and/or for which an application for a special permit or variance was filled, provided that such special permit or variance is granted by the Zoning Board of Appeals as a 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 disabled persons, the State Chapter 705 programs for families, the State Housing Assistance for Rental Housing (SHARP) Program, the State Tax Exempt Local Loans to Encourage Rental Housing TELLER) Program, the State Home Ownership Opportunity Program, any other Federal, State, County or Municipal programs which may be utilized for the production of, restoration of housing for low or moderate income persons under the provisions of Chapter 121B of the Massachusetts General Laws or statute, regulation or by-law.
G.
Appeal.
Anyone denied a building permit under this section shall have the right of the appeal to the Everett Zoning Board of Appeals as well as Chapter 40 A of the Massachusetts General laws.
H.
Severability.
If any provisions of this section are determined to be unenforceable or is found to be in conflict with State, Federal Law, then that provision shall be severed from this section and the remaining portions shall remain in full force.