Everett City Zoning Code
SECTION 6
Business Districts.
(Ord. 4-29-91; Ord. of 6-29-87; amended as part of October 2021 update; Ord. of 4-11-88)
A.
Uses.
In any business district, as indicated on the Zoning map, buildings and premises may be used in any part for any purpose herein before permitted in any dwelling or apartment district and also for any store or stand or other structure where goods are sold or service rendered, primarily at retail, also for any public building, places of amusement or assembly, restaurant, bank or office, also for any stable, garage or filling station under limitations hereinafter prescribed.
1.
Wholesale merchandising incidental and subordinate to a primary retail business shall be permitted.
2.
Manufacturing, producing, processing, fabricating, printing, converting, altering, finishing or assembling is permitted to cover on all floors together not more than one-half the area of the lot or on a scale requiring not more than a total of five (5) horsepower or steam pressure in excess of fifteen (15) pounds gauge pressure, and no use prohibited in section 7 below shall be permitted.
3.
Gas shall not be stored in quantities exceeding five hundred (500) cubic feet; nor in quantities exceeding fifty (50) cubic feet if the pressure is greater than one hundred (100) pounds per square inch; or within ten (10) feet of any street line or party lot line, except in the case of gas contained or generated in fire extinguishers.
4.
No junk yard is permitted.
5.
The operation of electric lighting and power stations, gas works and steam laundries, and any use prohibited in industrial districts is not permitted.
6.
No public garage shall use machinery except as an incidental accessory to automobile storage not shall it have any part of its shop on the first floor within twenty (20) feet of any entrance or exit for vehicles. No commercial work on motor vehicles shall be done out of doors, except that emergency repairs may be made in a public street in the case of a breakdown.
7.
There shall be no door or driveway for vehicles in connection with any public garage within fifty (50) feet of any dwelling or apartment district boundary line, nor shall any filling station or gas pump be located within such distances. No gasoline filling appliance shall be located within ten (10) feet of any street line or of any other property line unless it is within a building.
8.
Special Exception:
The intent of this paragraph is to provide by special exception granted by the City Council, a mixture of residential apartments: retail trade and services, offices, off street parking, and accompanying accessory uses all within one structure that normally would be in harmony with the general purpose and intent of the requirements of the Business District except building height and area.
a.
Special exception may be granted only by the City council subject to the following regulations:
1.
Minimum lot area of 30,000 square feet and a minimum frontage of 200 feet.
2.
No building or structure shall be constructed unless the lot is at least ninety (90) percent within the Business District and the building completely within the Business District.
4.
All uses to be within the same structure, provided all residential uses shall be located not lower than the second floor of the structure.
5.
City council conformation with Chapter 40A section 4, 15, 16, 17 and 21, Massachusetts General Laws.
Uses specifically prohibited: | |
a. | Manufacturing and industrial. |
b. | Wholesale and warehousing. |
c. | Salvage and junk operations. |
9.
The following uses shall only be permitted in the business District upon the grant of a Special Permit by the Zoning board of Appeals:
a.
Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production. The Zoning Board of Appeals may grant such permit provided that it finds that the proposed accessory use does not substantially derogate from the public good.
10.
Open air markets of any type, unless already regulated by City Ordinance, shall be prohibited except by Special Permit of the Zoning Board of Appeals. Open air markets which have been granted a Special Permit by the Zoning Board of Appeals shall be required to provide adequate parking, as outlined and required in Section 17, within five hundred (500) feet of the location of the market if the market is to remain open for a period in excess of one (1) day.
B.
Dimensional Requirements.
3.
Height:
a.
Four (4) stories, not to exceed sixty-five (65) feet maximum, but not applicable to church spires, belfries, cupolas, chimneys, radio and flag poles and gas holders, which shall not exceed thirty-three (33) percent of the floor area of the first floor, and provided that such church spires, belfries, cupolas, chimneys, radio and flag poles and gas holders shall not be more than fifty (50) percent higher than the average height of the roof of the main structure.
b.
Domes, ornamental towers, observation towers, water towers, hose towers, penthouses, head houses, water tanks and scenery lofts may be built within the sixty-five (65) height and shall not be considered a story provided they do not exceed thirty-three (33) percent of the floor area of the first floor.
4.
Front Yard:
None required, except when used for residential purposes there shall be a ten (10) foot minimum of which no less than five (5) feet shall be used for landscaping.
5.
Side Yard:
None required unless a lot line adjoins lot used for one or two family or three family dwelling use, in which case the side yard shall be not less than four (4) feet in width for a building proposed to be not more than thirty (30) feet in height; and seven (7) feet for buildings proposed to be more than thirty (30) feet in height. Where a side lot line serves as a boundary between dwelling and apartment districts, the side yard shall be a minimum of seven (7) feet in width. There shall be no projections allowed within the required side yards.
6.
Rear Yard:
Twenty-five (25) feet minimum unless the lot extends from one (1) street to another street, in which case no rear yard is required, except for any residential use which shall require a ten (10) foot minimum.
7.
Accessory buildings:
Shall be located within the rear yard and shall occupy not more than thirty-three (33) percent of the rear yard and shall not exceed two (2) stories and twenty (20) feet in height nor be located closer than five (5) feet from the rear yard line.
8.
Corner Lot:
None required except seven (7) feet required when residential use.
9.
In-ground swimming pools:
Six (6) feet minimum from any lot line.