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Gloucester City Zoning Code

SECTION II

USE REGULATIONS

2.1 - ZONING DISTRICTS

2.1.1 Enumeration of the Zoning Districts

The City of Gloucester is divided into fifteen zoning districts, the broad definitions and minimum lot area of which are set forth in this Section 2.1.1. The boundaries of the districts can be determined by reference to the Zoning Map, as described in Section 2.1.2 of this ordinance; the allowed uses in each of the districts can be determined by reference to Section 2.3, Use Tables; the dimensional requirements for each of the districts can be determined by reference to Section 3.2, Dimensional Tables. The following definitions are intended for guidance only; where there is a conflict between these definitions and the Zoning Map, the map shall control; where there is a conflict between these definitions and Sections 2.3 and 3.2, the latter sections shall control:

R-80 (formerly R-RB) Rural Residential (minimum lot area: 80,000 sf)

The R-80 Rural Residential District is located north of Goose Cove in North Gloucester and north of Route 128 in West Gloucester. This district is rural in character and encompasses those areas where limited services and access suggest low-intensity use, where present and anticipated future development is and will continue to be compatible with the environs of low residential density, and where those select non-residential uses identified in Section 2.3 can be accommodated without conflict with the predominant nature of the district.

R-40 (formerly R-RA) Rural Residential (minimum lot area: 40,000 sf)

The R-40 Rural Residential District is located north and west of the R-80 district in North Gloucester and both north and south of the R-80 district in West Gloucester. This district encompasses those areas where limited services and access suggest low-intensity use, where present and anticipated future development is and will continue to be compatible with the environs of low residential density, and where those select non-residential uses identified in Section 2.3 can be accommodated without conflict with the predominant nature of the district. This district is intended to provide a transition from the rural R-80 district to the higher density residential districts.

RC-40 (formerly R-1) Coastal Residential (minimum lot area: 40,000 sf)

The RC-40 Coastal Residential District consists of Eastern Point and that area on the southeast side of the middle portion of Hesperus Avenue. It encompasses those areas where limited services and access suggest low-intensity development, and where existing development consists of single family detached residential uses.

R-30 (formerly R-2A) Low Density Residential (minimum lot area: 30,000 sf)

The R-30 Low Density Residential District is located in West Gloucester. It is suburban in nature, and is an area where limited services and access suggest low-intensity use, and where present and anticipated future development is and will be compatible with the environs of low residential density. This district is intended to accommodate single family residential development and, where appropriate, two family and multi-family development. This district contains large portions of the watershed protection area and is intended to help protect this resource.

R-20 (formerly R-2) Low/Medium Density Residential (minimum lot area: 20,000 sf)

The R-20 Low/Medium Density Residential District is located east and north of downtown, along significant portions of the west side of the Annisquam River, and along the southwest (oceanside) corridor between the Annisquam River and Magnolia. This district is intended to accommodate single family residential development and, where appropriate, two family and multi-family development. This district provides a transition from the rural districts to the high density districts of the city.

R-10 (formerly R-3) Medium/High Density Residential (minimum lot area: 10,000 sf)

The R-10 Medium/High Density Residential District is located along both sides of the western portion of Essex Avenue, on both sides of the Mill River, on a portion of the Annisquam River and in that area extending in a northeasterly direction from downtown to the Rockport line. This district is characterized by suburban residential development in existing neighborhoods, and provides a transition from the suburban areas of the city to the more densely populated areas of downtown. This district is intended to accommodate single family residential development and, where appropriate, two family and multi-family development.

R-5 (formerly R-4) High Density Residential (minimum lot area: 5,000 sf)

The R-5 High Density Residential District is located in the downtown area of the city and is the highest density residential zone in the city. This district allows for a mix of single family, two-family and multi-family residential dwellings.

CCD Civic Center (no minimum lot size)

The Civic Center District consists of those existing civic buildings in the immediate vicinity of City Hall. This district is intended to include civic uses that serve the entire city, although limited types of commercial and residential uses are allowed

CB Central Business (no minimum lot size)

The Central Business District is located on either side of Main Street. A broad range of business, retail, office and institutional uses are allowed, as are residential units above retail establishments. This is the city's most intensely commercial district, and retail stores and restaurants predominate. This district is intended to include uses that serve all of Cape Ann.

VB Village Business (minimum lot area: 5,000 sf)

Village Business Districts are located in Lanesville, Magnolia and the area off Essex Avenue around Lower Banjo Pond. Certain business, retail, office, and institutional uses are allowed, and primarily serve the residents of the immediate neighborhood. Limited residential use is also allowed.

NB Neighborhood Business (minimum lot area: the same as the abutting residential district with the smallest required minimum lot area)

Neighborhood Business Districts are located throughout the city. Residential uses are allowed, as are consumer service and retail businesses serving the residents of the immediate neighborhood.

EB Extensive Business (minimum lot area: 10,000 sf)

Extensive Business Districts are located along collector streets in various areas of the city. Business, service and retail uses serving a regional clientele are allowed; residential uses are generally not allowed.

MI Marine Industrial (minimum lot area: where the subject property abuts one or more residential districts, the minimum lot area is the same as the abutting residential district with the smallest required minimum lot area; otherwise, no minimum lot area)

The Marine Industrial District is located along Gloucester's Inner Harbor, where utilities and access roads can support high-intensity industrial and commercial activities that are primarily marine-related. Residential uses are generally not allowed.

GI General Industrial (minimum lot area: 10,000 sf)

General Industrial Districts are primarily located along arterial and collector streets. Manufacturing, assembling, processing and other industrial uses are allowed, as are certain businesses. Residential uses are generally not allowed.

BP Business Park (minimum lot area: 40,000 sf)

The Business Park district is located off Blackburn Circle, and accommodates offices, warehousing, limited service uses and light industrial uses in a business-park setting. It has ready accessibility and utility capacity to accommodate the demands of business park development. Residential uses are generally not allowed.

2.1.2 The Zoning Map

(a)

Delineation of Zoning Districts: The zoning districts enumerated in Section 2.1.1 of this ordinance are shown on the "Zoning Map of the City of Gloucester", adopted by the City Council and issued on July 24, 1975 (as amended from time to time, the "Zoning Map"). The Zoning Map is hereby incorporated in and made part of this ordinance.

(b)

Custody of Zoning Map: The Zoning Map and all amendments thereto shall be endorsed by the City Clerk and shall be kept on file at the City Clerk's Office; collectively, they shall be deemed the official Zoning Map of the City of Gloucester. Current copies of the Zoning Map shall also be kept on file at the Engineering Department and the Building Department.

(c)

Drafting Masters: The drafting masters of the Zoning Map and all amendments thereto shall be maintained by the City Engineer's Office.

(d)

Zoning Map Index; Grid System: Each page of the Zoning Map shall include a distinctive number in the lower right hand corner thereof and by such means shall be identified on an index map. In addition, a grid system shall be superimposed on each page and shall consist of horizontal rows numbered (1) through (6), and vertical columns lettered (A) through (D).

2.1.3 Resolution of Ambiguities and Conflicts in Zoning District Boundaries

Where ambiguities or conflicts exist with respect to the zoning district boundary lines, the following rules of interpretation shall apply:

(a)

In general, zoning district boundary lines are the center lines of streets, ways, alleys, parkways, waterways and the rights of way of public utilities and railroads.

(b)

If the Zoning Map indicates that the zoning district boundary line is not a center line of a street, way, etc., it may be a line perpendicular thereto, at the location specified on said map.

(c)

If the Zoning Map indicates that the zoning district boundary line is not a center line of a street, way, etc., and is not a line perpendicular to such street, way, etc., it may be a line parallel to a street, way, etc. at a distance from the side lines of such street, way, etc. specified on said map.

(d)

If the Zoning Map indicates that the zoning district boundary line is not a center line of a street, way, etc. and is not a line perpendicular to such street, way, etc., and is not a line parallel to such street, way, etc., it may be a line following a lot line or lot lines.

(e)

If the Zoning Map indicates that the zoning district boundary line is not a center line of a street, way, etc., and is not a line perpendicular to such street, way, etc., and is not a line parallel to such street, way, etc., and is not a line following a lot line or lot lines, it may be a line dividing a lot or lots at such approximate location as shown on the Zoning Map. In such cases, the following rules of interpretation apply:

(1)

Where a lot is divided in such manner that the frontage thereof lies entirely within one zoning district and said frontage is in the district with the smaller required minimum lot area, the provisions of this ordinance pertaining to the frontage district shall apply both to that portion of the lot lying in said district and to an area extending twenty-five (25) feet into the other district. From that point to the rear of the lot the provisions of this ordinance pertaining to the other district shall apply.

(2)

Where a lot is divided in such manner that the frontage thereof is entirely within one zoning district and said frontage is in the district with the larger required minimum lot area, the provisions of this ordinance pertaining to the frontage district shall apply to the entire lot.

(3)

Where the frontage of a lot lies in two zoning districts, the provisions of this ordinance pertaining to district with the larger required minimum lot area shall apply to the entire lot.

(f)

Where none of the above-described rules of interpretation apply, or where other ambiguities exist, the zoning district boundary line shall be determined by the Inspector of Buildings.

(Ord. of 9-2-2008(4); Ord. of 7-12-2016(1))

2.2 - USE REGULATIONS

2.2.1 Allowed, Prohibited and Conditional Uses

No building or structure shall be erected, used or changed in use, and no land shall be used or changed in use, except as set forth in Section 2.3, Use Tables, or as exempted by statute or Section 2.4. The symbols employed in the Use Tables have the following meanings:

Y — A permitted use

N — An excluded or prohibited use

CC — A use which may be authorized by Special Permit issued by the City Council pursuant to Section 1.8 of this ordinance, the application for which shall comply with the filing requirements of Section 1.5.3(b).

CCS — A use which may be authorized by Special Permit issued by the City Council pursuant to Section 1.8 of this ordinance, the application for which shall comply with the filing requirements of Section 1.5.3(c); if the proposed use is a Major Project (see Section 5.7.1), the application shall comply with the filing requirements of 1.5.3(d).

SP — A use which may be authorized by Special Permit issued by the Zoning Board of Appeals pursuant to Section 1.8 of this ordinance, the application for which shall comply with the filing requirements of Section 1.5.4(c).

SPS — A use which may be authorized by Special Permit issued by the Board of Appeals pursuant to Section 1.8 of this ordinance, the application for which shall comply with the filing requirements of Section 1.5.4(d).

PB — A use which may be authorized by Special Permit issued by the Planning Board pursuant to Section 1.8 of this ordinance, the application for which shall comply with the filing requirements of Section 1.5.5(b).

New, or expansion of, commercial, industrial uses and other site alterations, may be subject to Site Plan Review. See Section 5.8 for applicability.

2.2.2 Resolution of Conflicts in Use Categories

Where an activity might be classified under more than one of the use categories set forth in Section 2.3, Use Tables, the more specific use category shall control; if said categories are equally specific, the more restrictive of the categories shall control.

2.2.3 Mixed Uses

Where a building or structure or land is proposed to be used for more than one principal use, whether the uses are in separate buildings or in the same building either vertically or horizontally connected, all of which uses are permitted in the zoning district in question and none of which is accessory to one another, such mixed uses shall be allowed. In the event that a provision of this ordinance applying to one of such uses is inconsistent with a provision applying to another, the more restrictive provision shall apply.

2.2.4 Appeal

An applicant aggrieved by the interpretation or ruling of the Inspector of Building with respect to any of the provisions of this Section II may appeal said interpretation to the Board of Appeals pursuant to Section 1.6 of this ordinance.

(Ord. of 9-2-2008(4); Ord. of 3-30-2010(1); Ord. of 6-14-2011(3))

2.3 - USE TABLES

2.3.1 RESIDENTIAL USES

Former Designations:
R-RB R-RA R-1 R-2A R-2 R-3 R-4
R-80 R-40 RC-40 R-30 R-20 R-10 R-5 CCD CB VB NB EB MI GI BP
FN. # 1 2
1 One-family detached dwelling 3 Y Y Y Y Y Y Y Y N Y Y N N N N
2 Conversion of one-family dwelling to two-family, without changes to the exterior dimensions of the building 3 Y Y N Y Y Y Y Y SP SP SP N N N N
3 Conversion of one-family dwelling to two-family, with changes to the exterior dimensions of the building 3 Y SP N SP SP SP Y Y SP SP SP N N N N
4 New two-family dwelling 3 Y Y N Y Y Y Y Y SP SP SP N N N N
5(a) Conversion to or new mixed use building with not more than one (1) dwelling unit. 4, 8 N N N CC SP SP SP SP Y(5) Y(5) SP N N N N
5(b) Conversion to or new multi-family or apartment dwelling, up to two dwelling units. 4, 8 N N N CC SP SP SP SP Y(5) Y(5) SP N N N N
6 Conversion to or new multi-family or apartment dwelling, three dwelling units 4, 8 N N N SP SP SP SP SP Y(5) SP SP N N N N
7 Conversion to or new multi-family or apartment dwelling, four to six dwelling units N N N CC CC CC CC CC CC CC CC N N N N
8 Conversion to or new multi-family or apartment dwelling, seven or more dwelling units (see Section 5.7.1) N N N CCS CCS CCS CCS CCS CCS CCS CCS N N N N
9 Cluster Development (see section 5.9) PB PB PB PB PB PB N N N N N N N N N
10 Boarding house, rooming house, lodging house or hostel, licensed by the Licensing Board 3 N N N SPS SPS SPS SPS SPS SPS SPS SPS N N N N
11 Hotel, motel, motor inn, under 30 guest units N N N CCS CCS CCS CCS CCS Y Y N Y N N N
12 Hotel, motel, motor inn, 30 or more guest units (see Section 5.7.1) N N N CCS CCS CCS CCS CCS CCS CCS N CCS N N N
13 Mobile home park CCS CCS N CCS CCS CCS N N N N N N N N N
14 Mobile homes, except those at mobile home parks or campgrounds (see Section 5.1) N N N N N N N N N N N N N N N
15 Campground CCS CCS N CCS CCS CCS N N N N N N N N N
16 Camping or tenting, except within a campground or by children in their own yard N N N N N N N N N N N N N N N
17 Temporary use of mobile home following fire or other natural disaster (see Section 5.1.5) 6 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
18 Assisted Living Residences, up to 10 units (see Section 5.14) CC CC CC CC CC CC CC CC CC CC CC CC N N N
19 Assisted Living Residences, 11 or more units (see Sections 5.7, Major Projects, and 5.14) CCS CCS CCS CCS CCS CCS CCS CCS CCS CCS CCS CCS N N N
20 Open Space Residential Development (see Section 5.15) Y Y Y Y Y Y N N N N N N N N N
21 Village Development Project (see Section 5.16) 7 PB PB N PB PB PB N N N N N N N N N
22 Continuation of pre-existing multi-family uses, one to six dwelling units 9 N N N N N SP SP N N N N N N N N

 

FOOTNOTES TO SECTION 2.3.1, RESIDENTIAL USES

(1)

In the MI District, Supporting Designated Port Area (DPA) Uses, as defined in 310 CMR 9.02, shall not in the aggregate occupy more than 50% of the ground level area on filled tidelands on a lot within the DPA. Such uses shall also be subject to dimensional requirements of 310 CMR 9.0. Within the water-dependent use zone, as defined in 310 CMR 9.02, in the MI District no use shall be permitted unless it provides access to water-borne vessels.

(2)

See Section 5.12.

(3)

Not more than one principal building per lot, with the exception of wind energy conversion facilities.

(4)

In CB and VB Districts:

[i]

A retail store or other business must be maintained on the street level floor; and

[ii]

Unless the Board of Appeals authorizes a lesser number of off-street parking spaces pursuant to Section 4.1.2, the residential units on the upper floors and the business on the ground floor must satisfy all current and applicable off-street parking requirements.

(5)

SP if exterior of the existing building is expanded.

(6)

Y for one year from the date of the fire or other natural disaster; if an extension of time is needed, SP.

(7)

Limited to Targeted Village Development Areas, as defined at Section 5.16.3.6.

(8)

Special permit standard applies without regard to Sections 2.4.4(a) through 2.4.4(b). For dimensional standards see Section 3.2.1.

(9)

See Section 5.30

2.3.2 COMMUNITY SERVICE USES

Former Designations:
R-RB R-RA R-1 R-2A R-2 R-3 R-4
R-80 R-40 RC-40 R-30 R-20 R-10 R-5 CCD CB VB NB EB MI GI BP
FN. # 1 2
1 Public, religious, or other non-profit school, building or use Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
2 Municipal use not elsewhere more specifically covered Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
3 Personal wireless service facility (see Section 5.13) CCS CCS CCS CCS CCS CCS CCS CCS CCS CCS CCS CCS CCS CCS CCS
4 Public utility facility exclusively servicing the immediate neighborhood (5 square miles or less) Y Y Y Y Y Y Y N Y N N Y CCS Y Y
5 Public utility facility exclusively servicing a broader area N N N N N N N N SPS N N Y Y Y Y
6 Nursing home, convalescence or rest home, hospital N N N CCS CCS CCS CCS N N N CCS N N N N
7 Cemetery CC CC CC CC CC CC CC N CC CC CC CC N N N
8 Club or lodge, registered as a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code CCS CCS N CCS CCS CCS CCS CCS CC CC CC CC CC N N
9 Animal hospital, animal shelter 3 CC CC N CC CC CC N N N N N CC N CC CC
10 Nursery school, day care center Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
11 Trade school, industrial training center N N N N N N N Y Y Y Y Y Y Y Y
12 Business or commercial school, other than Use Nos. 2.3.2 (1), 2.3.2 (10), 2.3.2(11) and 2.3.3(5) N N N N N N N Y Y Y Y Y N N N
13 Philanthropic institution CCS CCS N CCS CCS CCS CCS Y Y CCS CCS Y CCS N CCS
14 Airport, heliport N N N N N N N N N N N CCS N CCS CCS
15 Medical Marijuana Treatment Center * N N N N N N N N N N N N N N CC

 

FOOTNOTES TO SECTION 2.3.2, COMMUNITY SERVICE USES

(1)

In the MI District, Supporting Designated Port Area (DPA) Uses, as defined in 310 CMR 9.02, shall not in the aggregate occupy more than 50% of the ground level area on filled tidelands on a lot within the DPA. Such uses shall also be subject to dimensional requirements of 310 CMR 9.0. Within the water-dependent use zone, as defined in 310 CMR 9.02, in the MI District no use shall be permitted unless it provides access to water-borne vessels.

(2)

See Section 5.12.

(3)

Provided that any outdoor structure or pen shall be located no closer than 100 feet from a lot line and 200 feet from a dwelling on another lot.

(4)

In accordance with restrictions set out in section 5.27.

2.3.3 OPEN USES

Former Designations:
R-RB R-RA R-1 R-2A R-2 R-3 R-4
R-80 R-40 RC-40 R-30 R-20 R-10 R-5 CCD CB VB NB EB MI GI BP
FN. # 1 2
1 Agriculture, horticulture, floriculture, including farms, greenhouse and gardens, on lots larger than five acres. Y Y Y Y Y Y Y Y Y Y Y Y N Y Y
2 Agriculture, horticulture, floriculture, including farms, greenhouses and gardens, on lots less than five acres Y Y Y Y Y Y Y N N Y Y Y N N N
3 Sale of products grown pursuant to Use Nos. 1 and 2 above, provided that all such items are produced on-site Y Y Y Y Y Y Y Y Y Y Y Y N Y Y
4 Wildlife area, reservation or similar use Y Y Y Y Y Y Y N N N N Y N N Y
5 Riding school, stable 3 CC CC CC CC CC CC N N N N N N N N N
6 Golf driving range, drive-in theater, amusement park, race track or similar commercial outdoor recreation 4 N N N N N N N N N N N Y N N N
7 Miniature golf and baseball or softball batting cages 4 N N N N N N SP SP N N N N N N N
8 Golf course, standard or par-three 4 Y Y Y Y Y Y N N N N N N N N N
9 Commercial picnic or outing area 4 SP SP N SP SP SP N N N N N N N N N
10 Supervised camping 4 SPS SPS N SPS SPS SPS N N N N N N N N N
11 Outdoor recreation, other than the above, operated by a governmental agency or authority 4 Y Y Y Y Y Y Y Y Y Y Y Y Y N N
12 Boat launching, docking or docking structures 5 SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP
13 Docking and operation of casino ships 6 N N N N N N N N N N N N CCS N N
14 Other commercial outdoor recreation activities 4 CC CC CC CC CC CC CC CC Y Y Y Y Y N N
15 Seasonal sale of Christmas trees, wreaths Y Y N Y Y Y Y Y Y Y Y Y Y Y Y

 

FOOTNOTES TO SECTION 2.3.3, OPEN USES

(1)

In the MI District, Supporting Designated Port Area (DPA) Uses, as defined in 310 CMR 9.02, shall not in the aggregate occupy more than 50% of the ground level area on filled tidelands on a lot within the DPA. Such uses shall also be subject to dimensional requirements of 310 CMR 9.0. Within the water-dependent use zone, as defined in 310 CMR 9.02, in the MI District no use shall be permitted unless it provides access to water-borne vessels.

(2)

See Section 5.12.

(3)

Provided that any outdoor structure or corral shall be located no closer than 100 feet from a lot line and 200 feet from a dwelling on another lot.

(4)

Provided that no active use area is located within required setbacks, other than the water's edge.

(5)

In the MI District, boat launching and docking shall be limited to vessels that are primarily used for commercial fishing.

(6)

Provided that the docking and operation of casino ships shall be limited to the following area: in the north channel of the harbor, moving easterly: Assessor's Map 10, Lot 5; Map 11, Lots 6,5,4,1; Map 53, Lots 3, 4.

2.3.4 BUSINESS USES

Former Designations:
R-RB R-RA R-1 R-2A R-2 R-3 R-4
R-80 R-40 RC-40 R-30 R-20 R-10 R-5 CCD CB VB NB EB MI GI BP
FN. # 1 2
1 Office building containing less than 2500 square feet of floor area, either new or conversion of dwelling N N N N N N SPS Y Y Y Y Y N Y N
2 Office building containing more than 2500 square feet of floor area and less than 6000 square feet, either new or conversion of dwelling N N N N N N SPS SPS Y Y Y Y Y Y Y
3 Office building containing more than 6,000 square feet of floor area, either new or conversion of dwelling N N N N N N N SPS Y N N Y Y Y Y
4 Bank, automatic teller machines N N N N N N SPS Y Y Y Y Y CC Y Y
5 Funeral home N N N N N N SPS Y SPS SPS SPS SPS N N N
6 Animal daycare, animal grooming — daytime only 3 CC CC N CC CC CC N N N N N CC N CC CC
7 Animal boarding, kennel — 24 hour operations 3 CC CC N CC CC CC N N N N N CC N CC CC
8 Restaurant, without outdoor seating and with takeout constituting no more than 20% of total business. N N N N N N N Y Y Y Y Y CCS Y Y
9 Restaurant, with outdoor seating or with takeout constituting more than 20% of total business, or both N N N N N N N SPS SPS SPS SPS SPS CCS SPS SPS
10 Motor vehicle sales or rental (see Section 5.21) N N N N N N N N Y N N Y N Y Y
11 Motor vehicle service, fueling, storage or repair (see Section 5.21) N N N N N N N N CC CC CC CC N SP N
12 Marine related sales or rental, limited primarily in the MI District to commercial fishing vessels N N N N N N N N Y N N Y Y Y Y
13 Marine related service, storage or repair, limited primarily in the MI District to commercial fishing vessels N N N N N N N N CC CC CC CC Y SP N
14 Protein recovery plant N N N N N N N N N N N N CCS CCS CCS
15 Building tradesman or contractor, without outdoor storage of materials or heavy equipment other than one truck with a GVW of not more than 12,000 pounds Y Y Y Y Y Y Y Y Y CC Y Y CC Y Y
16 Contractor's yard N N N N N N N N N N N CC Y Y N
17 Stone mason's yard N N N N N N N N N N N CC CC Y N
18 Fuel or ice establishment, other than gas stations N N N N N N N N N N N CC Y Y N
19 Feed or building materials establishment N N N N N N N N Y CC Y Y Y Y Y
20 Laundry, laundromat or dry cleaning establishment under 4,000 sq ft N N N N N N N N CC Y Y Y N N N
21 Laundry or dry cleaning plant over 4,000 square feet N N N N N N N N N N N CC N Y N
22 Shopping center (See Sections 3.2.4 and 5.7) N N N N N N N N CCS N N CCS CCS N N
23 Automatic amusement devices, five or more N N N N N N N N CC CC N N N N N
24 Drive-through facility N N N N N N N N CCS CCS CCS CCS CCS CCS CCS
25 Recreational marijuana retailer CC N N
26 Conversion of a medical marijuana treatment center to a recreational marijuana retailer N N Y
27 Retail, consumer service or other non-industrial business use, other than those set forth in Section 2.3.4, Use Nos. 1—26 4 N N N N N N N N Y Y Y Y Y SP N
28 Facilities for water transportation loading and unloading Y

 

FOOTNOTES TO SECTION 2.3.4, BUSINESS USES

(1)

In the MI District, Supporting Designated Port Area (DPA) Uses, as defined in 310 CMR 9.02, shall not in the aggregate occupy more than 50% of the ground level area on filled tidelands on a lot within the DPA. Such uses shall also be subject to dimensional requirements of 310 CMR 9.0. Within the water-dependent use zone, as defined in 310 CMR 9.02, in the MI District no use shall be permitted unless it provides access to water-borne vessels.

(2)

See Section 5.12.

(3)

Provided that any outdoor structure or pen shall be located no closer than 100 feet from a lot line and 200 feet from a dwelling on another lot.

(4)

The following exceptions and qualifications apply to this use category:

(a)

If a business use contains both a retail and a consumer service operation, for the purpose of this ordinance the use shall be classified as a consumer service establishment.

(b)

Except Y in the GI District, if the use is:

(1)

Related to an industrial, manufacturing or wholesaling use located on the same lot or on a contiguous lot, or

(2)

Is located on a lot having frontage on an arterial street.

(c)

Except Y in the BP District if the use is incidental to an industrial, manufacturing, or wholesaling use.

2.3.5 INDUSTRIAL USES

Former Designations:
R-RB R-RA R-1 R-2A R-2 R-3 R-4
R-80 R-40 RC-40 R-30 R-20 R-10 R-5 CCD CB VB NB EB MI GI BP
FN. # 1 2
1 Junk yard N N N N N N N N N N N CC N CC N
2 Fill or removal of soil, stone or other earth products (see Section 5.2) N N N CC CC CC N N N N N CC N CC N
3 Manufacturing, processing or research N N N N N N N N N N N N Y Y Y
4 Processing or cooling not conforming to the performance criteria of Section 4.4 N N N N N N N N N N N N Y CCS N
5 Trailer truck park, freight or transportation terminal facilities (see Section 5.8) 3 N N N N N N N N N N N N CCS CCS CCS
6 Bulk storage, warehousing N N N N N N N N N N N Y Y Y Y
7 Storage of toxic or hazardous materials or wastes incidental to industrial operations conducted on-site, as authorized by the Massachusetts DEP pursuant to MGL Chapter 21C N N N N N N N N N N N CCS CCS CCS CCS
8 Marijuana cultivator N Y Y
9 Marijuana product manufacturer N Y Y
10 Marijuana testing facility Y Y Y
11 Self-storage service facility 4 N N N N N N N N N N N Y Y Y Y

 

FOOTNOTES TO SECTION 2.3.5, INDUSTRIAL USES

(1)

In the MI District, Supporting Designated Port Area (DPA) Uses, as defined in 310 CMR 9.02, shall not in the aggregate occupy more than 50% of the ground level area on filled tidelands on a lot within the DPA. Such uses shall also be subject to dimensional requirements of 310 CMR 9.0. Within the water-dependent use zone, as defined in 310 CMR 9.02, in the MI District no use shall be permitted unless it provides access to water-borne vessels.

(2)

See Section 5.12.

(3)

No trailer truck park shall be located within 100 feet from the lot line of an established residence in a residential zone, and such potential development must be assessed in terms of its impact on the environment.

(4)

With the exception of the MI District, no self-storage service facility may be permitted on land with an elevation less than 13 relative to the North Atlantic Vertical Datum (NAVD).

2.3.6 OTHER PRINCIPAL USES

Former Designations:
R-RB R-RA R-1 R-2A R-2 R-3 R-4
R-80 R-40 RC-40 R-30 R-20 R-10 R-5 CCD CB VB NB EB MI GI BP
FN. # 1 2
1 Parking of motor vehicles to service a use permitted in the same district CC CC CC CC CC CC CC CC CC CC CC CC CC CC CC
2 Parking of motor vehicles to service a use located and permitted in the NB District N N N CCS CCS CCS CCS CCS Y N Y Y Y N N
3 Temporary structures or temporary uses not conforming to this ordinance SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP
4 Arts, crafts and sale of arts or crafts if made on the premises CC CC N CC CC CC CC CC Y Y Y Y Y Y Y
5 Commercial radio transmission N N N N N N N N N N N SP SP SP SP
6 Noncommercial radio transmission, with wire antenna or roof-mounted tower extending no higher than 10 feet above the roofline Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
7 Noncommercial radio transmission, with free standing tower or roof-mounted tower extending higher than 10 feet above the roof line SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP
8 Commercial land-based wind energy conversion facilities (See Section 5.22) CCS CCS N CCS N N N N N N N N N N N
9 Commercial land-based wind energy conversion facilities on city-owned land (See Section 5.22) CCS CCS CCS CCS CCS CCS CCS N N N N N N CCS N
10 Temporary monitoring tower for use numbers 8 & 9 above (See Section 5.22) Y Y Y Y Y Y Y N N N N N N Y N

 

FOOTNOTES TO SECTION 2.3.6, OTHER PRINCIPAL USES

(1)

In the MI District, Supporting Designated Port Area (DPA) Uses, as defined in 310 CMR 9.02, shall not in the aggregate occupy more than 50% of the ground level area on filled tidelands on a lot within the DPA. Such uses shall also be subject to dimensional requirements of 310 CMR 9.0. Within the water-dependent use zone, as defined in 310 CMR 9.02, in the MI District no use shall be permitted unless it provides access to water-borne vessels.

(2)

See Section 5.12.

2.3.7 ACCESSORY USES

Former Designations:
R-RB R-RA R-1 R-2A R-2 R-3 R-4
R-80 R-40 RC-40 R-30 R-20 R-10 R-5 CCD CB VB NB EB MI GI BP
FN. # 1 2
1 Garage or storage shed, accessory to allowed or permitted use Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
2 Parking or storage of agriculture machinery used on the premises Y Y Y Y Y Y Y Y Y Y Y Y N Y Y
3 Signs (see Section 4.3) Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
4 Manufacturing accessory to retailing, employing up to ten persons, with major portion of products sold on the premises N N N N N N N N Y Y Y Y Y Y Y
5 Manufacturing accessory to retailing, employing more than ten persons, with major portion of products sold on the premises N N N N N N N N N N N N Y Y Y
6 Employee dwelling accessory to industry Y Y Y Y Y Y Y Y Y N Y Y Y Y Y
7 Office for one professional in his or her residence (see Section 5.3) SP SP SP SP SP SP SP Y Y Y Y Y Y N N
8 Home occupation (see Section 5.3) SP SP SP SP SP SP SP SP SP Y SP SP SP N N
9 Home office, including use of computer, telephone and other such devices, but excluding employment of others, exterior signs and visits by customers, clients or other persons in conjunction with the business Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y
10 In dwellings of 2,000 square feet of gross floor area or more, the renting of not more than three rooms as lodging, without separate cooking facilities, to not more than three lodgers 3 Y Y Y Y Y Y Y Y Y Y Y Y N N N
11 In dwellings of less than 2,000 square feet of gross floor area, the renting of not more than three rooms as lodging, without separate cooking facilities, to not more than three lodgers 3 N N N N N N Y Y Y Y Y Y N N N
12 Dining halls or shops, wholly within a motel or hotel N N N CCS CCS CCS CCS CCS Y Y Y Y N N N
13 Automatic amusement devices, four or less N N N N N N N N SP SP N N N N N
14 Recreational use accessory to a dwelling, for use of residents and nonpaying guests 4 Y Y Y Y Y Y Y Y Y Y Y Y N N N
15 Commercial land-based wind energy conversion facilities (See Section 5.22) N N N N N N N N N N N N CCS CCS CCS
16 Commercial land-based wind energy conversion facilities on city-owned land (See Section 5.22) CCS CCS CCS CCS CCS CCS CCS CCS CCS CCS CCS CCS CCS CCS CCS
17 Monitoring tower for Use Number 15, above (See Section 5.22) N N N N N N N N N N N N Y Y Y
18 Residential land-based wind energy conversion facilities (See Section 5.23) SPS SPS SPS SPS SPS SPS SPS N N SPS N N N N N
19 Yard sales lasting no more than two days, including set-up and take-down time, conducted no more than two times in a calendar year Y Y Y Y Y Y Y Y Y Y Y Y Y N N
20 Accessory Dwelling Units (ADU) (see Section 5.24) 5 Y Y Y Y Y Y Y N N N N N N N N
21 Customary accessory uses other than those listed in this Section 2.3.7 SP SP SP SP SP SP SP SP SP SP SP SP SP SP SP

 

FOOTNOTES TO SECTION 2.3.7, ACCESSORY USES

(1)

In the MI District, Supporting Designated Port Area (DPA) Uses, as defined in 310 CMR 9.02, shall not in the aggregate occupy more than 50% of the ground level area on filled tidelands on a lot within the DPA. Such uses shall also be subject to dimensional requirements of 310 CMR 9.0. Within the water-dependent use zone, as defined in 310 CMR 9.02, in the MI District no use shall be permitted unless it provides access to water-borne vessels.

(2)

See Section 5.12.

(3)

In the case of a dwelling occupied by unrelated persons (see Section VI, definition of "family"), there shall be a total of no more than five such persons and lodgers.

(4)

Provided that no swimming pools or active use structures other than small children's swing sets and similar devices shall be located within required setbacks, other than the water's edge.

(5)

Accessory dwelling units that do not meet the dimensional standards of Section 5.24 may be allowed by the issuance of a special permit from the Zoning Board of Appeals.

2.3.8 USES PROHIBITED IN ALL DISTRICTS

Former Designations:
R-RB R-RA R-1 R-2A R-2 R-3 R-4
R-80 R-40 RC-40 R-30 R-20 R-10 R-5 CCD CB VB NB EB MI GI BP
FN. # 1 2
1 Any building or use not expressly permitted by this ordinance, either by right or by special permit N N N N N N N N N N N N N N N
2 A building or use, whether or not otherwise permitted by right or by special permit, which in the opinion of the Building Inspector may create a safety or health hazard N N N N N N N N N N N N N N N
3 Billboards (see definition at Section VI) N N N N N N N N N N N N N N N

 

(Ord. of 9-2-2008(3); Ord. of 9-2-2008(4); Ord. of 3-30-2010(1); Ord. of 3-30-2010(2); Ord. of 3-30-2010(3); Ord. of 4-27-2010(1); Ord. of 6-14-2011(1); Ord. of 8-27-2013(2); Ord. of 11-12-2013(1); Ord. of 6-23-2015(1); Ord. of 9-8-2015(1); Ord. of 5-10-2016(1); Ord. of 8-22-2017(1), §§ I, II; Ord. of 9-11-2018(2); Ord. No. 2021-085, 5-25-2021; Ord. No. 2022-072, 4-26-2022)

2.4 - NONCONFORMING USES, STRUCTURES AND LOTS

2.4.1 Effect of Enactment or Subsequent Amendment of the Zoning Ordinance on Pre-existing Nonconforming Uses and Structures

(a)

Uses and Structures not affected: Subject to the conditions and exceptions set forth in Sections 2.4.2 through 2.4.9, the enactment or subsequent amendment of the Zoning Ordinance or any portion thereof shall not apply to:

Any structure which was lawfully in existence at the time of such enactment or subsequent amendment (hereinafter, a "pre-existing nonconforming structure"); or

The use of any land or structure which was lawfully ongoing at the time of such enactment or subsequent amendment (hereinafter, a "pre-existing nonconforming use"); or

A building or special permit issued before the first publication of notice of the public hearing on such enactment or subsequent amendment;

And such structure or use may be continued even though it would not be allowed under such enactment or subsequent amendment.

(b)

Uses and Structures Affected: Subject to the conditions and exceptions set forth in Sections 2.4.2 through 2.4.9, the enactment or subsequent amendment of the Zoning Ordinance or any portion thereof shall apply to:

Any change or substantial extension of a pre-existing nonconforming use; and

A building or special permit issued after the first publication of notice of the public hearing on such enactment or subsequent amendment; and

Any reconstruction, extension or structural change of a pre-existing nonconforming structure; and

Any alteration of a structure begun after the first notice of said public hearing to provide for its use for a substantially different purpose, or for the same purpose in a substantially different manner, or to a substantially greater extent.

2.4.2 Discontinuance of Pre-existing Nonconforming Uses

A pre-existing nonconforming use of land which has been discontinued for a period of two years, shall lose all protection under this Section 2.4, and any future use of said land shall conform with the current provisions of this ordinance; provided, however, that this section shall not apply to land used for agriculture, horticulture or floriculture, where such nonconforming use had existed for a period of at least five consecutive years prior to its discontinuance.

2.4.3 Special Permit Required for the Change, Extension, Reconstruction or Alteration of a Pre-existing, Nonconforming Use or Structure

(a)

Jurisdiction of the Zoning Board of Appeals: As authorized by Section 6 of MGL Chapter 40A and Section 1.9 of this ordinance, and subject to the exception for single and two-family residences set forth in Section 2.4.4, the following work may be allowed by special permit issued by the Board of Appeals:

The change, extension or alteration of a pre-existing nonconforming use; or

The change, extension or alteration of a pre-existing nonconforming structure; or

The alteration of a pre-existing nonconforming structure to enable it to be used for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent; or

The change, extension, alteration or reconstruction of a single or two-family residence or an accessory structure thereto, in those cases under Section 2.4.4 where a determination has been made by the Inspector of Buildings or the board that the proposed work will increase the nonconforming nature of the structure.

(b)

Standard to be Applied: A special permit pursuant to this section shall only be granted upon a written determination by the Board of Appeals that the proposed change, reconstruction, extension or alteration will not be substantially more detrimental to the neighborhood than the existing nonconforming use or structure.

2.4.4 Single and Two-family Residence Exemption

For purposes of this Section 2.4.4 the term "single and two-family residence" shall include accessory structures to such residences.

Pursuant to MGL Chapter 40A, Section 6, first paragraph, a special permit under Section 2.4.3 shall not be required to alter, reconstruct, extend or structurally change a pre-existing nonconforming single or two-family residence, if such work will not increase the nonconforming nature of said residence. This determination may be made by either the Inspector of Buildings or the Zoning Board of Appeals in the following manner:

(a)

Determination By the Inspector of Buildings: The Inspector of Buildings may rely on the following presumptions in considering whether to require a Board of Appeals special permit for work on:

A pre-existing nonconforming single or two-family residence on a conforming lot; or

A single or two-family residence which is on a nonconforming lot but which otherwise conforms to the dimensional requirements of Section III.

(1)

Nonconforming Residence on Conforming Lot: On a lot which meets the current lot area, lot frontage and lot width requirements of the zoning district in which it is located, the following work is presumed not to increase the nonconforming nature of a pre-existing nonconforming single or two-family residence and thus does not require a special permit from the Board of Appeals:

(i)

A lateral addition to such residence, provided that the addition meets all current setback, height and lot coverage requirements and is no higher than the highest point of the existing structure; or

(ii)

A vertical addition to such residence, provided that the addition meets all current setback and height requirements, does not increase the footprint of the existing structure and is no higher than the highest point of the existing structure; or

(iii)

The demolition and replacement of such residence, provided that the replacement structure meets all current setback, height and lot coverage requirements.

(2)

Conforming Residence on Nonconforming Lot: On a lot which does not meet current lot area, lot frontage or lot width requirements of the zoning district in which it is located, the following work on a single or two-family residence which otherwise conforms to the dimensional requirements of Section III is presumed not to increase the nonconforming nature of said residence and thus does not require a special permit from the Board of Appeals:

(i)

A lateral or vertical addition to such residence, provided that the addition meets all current setback, height and lot coverage requirements, is no higher than the highest point of the existing residence and does not exceed 110% of the footprint of the existing structure; or

(ii)

The demolition and replacement of such residence, provided that the replacement structure meets all current setback, height and lot coverage requirements, is no higher than the highest point of the existing residence and does not exceed 110% of the footprint of the existing structure.

Based on the foregoing presumptions, the Inspector of Buildings may determine that the proposed work will not result in an increase in the nonconforming nature of the single or two-family residence and not require the applicant to apply for a special permit from the Board of Appeals for said work. In the alternative, and notwithstanding the above-referenced presumptions, the Inspector of Buildings may determine that the proposed work will result in an increase in the nonconforming nature of the residence or may decline to make any determination; in either case, the applicant may then apply for a special permit from the board pursuant to Section 1.9.

(b)

Determination by the Zoning Board of Appeals relative to single and two-family residences: In the event that the Inspector of Buildings determines that the proposed work will result in an increase in the nonconforming nature of a single or two-family residence or declines to make a determination, upon application for a special permit the Board of Appeals shall make an independent and superseding determination as to whether the proposed work will result in such increase, and shall not be bound by either the determination of the Inspector of Buildings or the above-referenced presumptions.

(c)

Determination by the Zoning Board of Appeals relative to Three-Family Residences: The Zoning Board of Appeals, on a petition relating to a proposed alteration of [or] expansion of a three-family residence shall apply the Special Permit criteria without regard to Sections 2.4.4(a) and 2.4.4(b).

2.4.5 Demolition and Replacement of a Pre-existing Nonconforming Single or Two-family Residence

For purposes of Section 2.4.3 of this ordinance, the term "reconstruction" of a pre-existing nonconforming single or two-family residence or an accessory structure thereto shall include the complete demolition of the structure and construction of a replacement structure, provided that

(a)

The Board of Appeals makes a written determination, as required by this ordinance and MGL Chapter 40A, Section 6, that said replacement structure is not substantially more detrimental to the neighborhood than the existing structure; and

(b)

Both demolition of the existing structure and the plans for the replacement structure are approved by the board in advance and in the same proceeding; and

(c)

Construction of the replacement structure follows demolition of the existing structure as expeditiously as practicable, unless a delay is authorized by the board upon a showing that said delay is required by circumstances beyond the applicant's control; and

(d)

Unless authorized by a variance from the Board of Appeals pursuant to Section 1.7 of this ordinance, those portions of the replacement structure that constitute an increase in the footprint of the original structure comply with all provisions of this ordinance, and in particular the dimensional requirements of Section 3.2.

2.4.6 Exemption for Vacant Land for Single and Two-family Residential Use: MGL Chapter 40A, Section 6, Fourth Paragraph

(a)

For purposes of the construction of a single or two-family residence on a vacant lot, any increase in lot area, frontage, width or setback requirements shall not apply to a lot zoned for such residences, provided that at the time of its recording at the Registry of Deeds or its ANR endorsement by the Planning Board, whichever came first, the lot conformed to the area, frontage, width and setback requirements in effect at that time, and further provided that at the time of the increase in said dimensional requirements the lot was vacant, was not held in common ownership with any adjoining lot and had at least 5,000 square feet of area and 50 feet of frontage.

(b)

For the exemption of adjacent lots held in common ownership, see MGL Chapter 40A, Section 6, para. 4.

2.4.7 Subdivision Zoning Freeze: MGL Chapter 40A, Section 6, Paragraph 5

(a)

If a definitive plan, or preliminary plan followed within seven (7) months by a definitive plan, is submitted to the Planning Board for approval under the Subdivision Control Law, MGL Chapter 41, Sections 81-K through 81-GG [hereinafter, the Subdivision Control Law], and written notice of such submission has been given to the City Clerk before the effective date of this ordinance or any amendment thereto, the land shown on such plan shall be governed by the applicable provisions of this ordinance in effect at the time of such submission. If such plan, or the amendment thereof, is finally approved and endorsed by the Planning Board, the land shown on such plan shall be governed for a period of eight (8) years thereafter by the applicable provisions of this ordinance in effect at the time of such submission. See MGL Chapter 40A, Section 6, paragraph 5.

(b)

If a plan is submitted to the Planning Board for endorsement of Approval Not Required (ANR) under the Subdivision Control Law, MGL Chapter 41, Section 81-P, and written notice of such submission has been given to the City Clerk before the effective date of this ordinance or any amendment thereto, the land shown on such plan shall be governed by the applicable provisions of this ordinance in effect at the time of such submission. If such plan, or the amendment thereof, is given ANR endorsement by the Planning Board, the land shown on such plan shall be governed for a period of three (3) years thereafter by the applicable provisions of this ordinance in effect at the time of such submission. See MGL Chapter 40A, Section 6, paragraph 6.

(c)

The tolling of the above-referenced time periods during the pendency of appeals is as specified in MGL Chapter 40A, Section 6, paragraphs 7 and 8.

2.4.8 Destruction or Damage by Fire or other Catastrophe

In the case of destruction or damage of a structure by fire or other catastrophe, the following work may be authorized by a building permit:

(a)

Within two years, the rebuilding of a pre-existing nonconforming structure or a conforming structure on a nonconforming lot in substantially the same form as it was at the time of said destruction or damage; provided, however, that there shall be no increase in total floor space;

(b)

Within two years, the building of a replacement structure in compliance with applicable dimensional requirements but on a nonconforming lot, with no limitation as to increase in total floor space;

(c)

At any time, the building of a replacement structure in compliance with applicable dimensional requirements and on a conforming lot, with no limitation as to increase in total floor space.

2.4.9 Mobile Homes

A mobile home located in any district where such homes are an allowed use, whether temporarily or permanently, but which is otherwise not in compliance with the requirements of this ordinance, may be replaced on the same site with a different mobile home, provided that there is no increase in nonconformity, but may not be relocated to another lot except in compliance with this ordinance.

(Ord. of 9-2-2008(4); Ord. of 9-8-2015(1))