3.1.1 Minimum Dimensional and Density Requirements

(a)

Except upon a variance duly issued by the Board of Appeals pursuant to Section 1.7, or except as otherwise explicitly exempted by this ordinance or by general law, all buildings and other structure constructed in the city shall comply with the minimum dimensional and intensity requirements in effect at the time of such construction. Current minimum requirements are set forth at Section 3.2 Dimensional Tables.

(b)

The dimensional and density requirements of Section 3.2 notwithstanding, in the granting of a special permit the City Council, the Board of Appeals or the Planning Board may impose such additional conditions as are deemed necessary to protect the public health and safety and to satisfy the criteria set forth at Sections 1.8.3 and 1.10.2.

3.1.2 Pre-existing Nonconforming Lots, Buildings and Structures

Certain pre-existing nonconforming lots, buildings and structures are exempt from certain of the minimum requirements set forth at Section 3.2; the nature of said exemptions are set forth at MGL c. 40A, s. 6 and Section 2.4 of this ordinance.

3.1.3 Change in Size or Shape of Lots

Except upon a variance duly issued by the Board of Appeals pursuant to Section 1.7 or as may be allowed pursuant to Section 3.1.5, or as a result of a public taking, no existing lot shall be changed in size or shape, nor shall any new lot be created, unless such changed or new lot complies with the minimum requirements set forth at Section 3.2.

3.1.4 State Building Code

In addition to minimum requirements set forth at Section 3.2, all buildings and other structures in the city shall conform to the requirements of the State Building Code, 780 CMR, as most recently amended.

3.1.5 Special Permit for the Division of Certain Lots

(a)

Grounds for Special Permit: A lot on which more than one principal building currently exists, each of which also existed at the time of adoption by the City of Gloucester of the Subdivision Control Law, MGL Chapter. 41, Section. 81K et seq. (December 8, 1960) may be divided into lots on each of which one such building remains. Provided, however, that in the event that one or more of such resultant lots does not comply with the requirements of this ordinance, and in particular the dimensional requirements set forth at Section 3.2, such division must be authorized by special permit issued by the Board of Appeals upon a written determination that neither the proposed division of the original lot nor the proposed uses of the resultant lots will endanger public health and safety.

(b)

Change in Use: Said special permit shall not be deemed to authorize a change in use of any of the resultant lots or of the principal buildings thereon; if such change in use is desired, it must be applied for pursuant to Section 1.3.2 of this ordinance.

(c)

New Lots Not To Be Deemed Conforming: The issuance of a special permit pursuant to this section which creates one or more lots which do not satisfy the dimensional requirements of Section 3.2 shall not be deemed to render said lots conforming.

(d)

Principal Building Defined: For purposes of this Section 3.1.5 only, the term "principal building" shall mean a building used for any of the principal uses identified in that version of the Zoning Ordinance in effect on December 8, 1960 and allowed at that time, either by right, by special permit or as a pre-existing nonconforming use.

3.1.6 Special Permit for Building Heights in Excess of Section 3.2 Limits

Building heights in excess of the limits set forth in Section 3.2 may be authorized pursuant to the following special permit procedures; provided, however, that in no case shall such increase in allowable height be greater than allowed by the State Building Code and other state and municipal regulations.

(a)

Building Heights up to 35 Feet: Building heights up to 35 feet may be authorized by special permit issued by the Board of Appeals. Said permit shall contain such conditions as the board deems necessary, and shall only issue upon a written determination by the board that such increase in allowable height is consistent with neighborhood character and will not be substantially detrimental to the neighborhood because of obstruction of views, overshadowing of other properties, impairment of utilities or other adverse impacts.

(b)

Building Heights in Excess of 35 Feet: Building heights in excess of 35 feet may be authorized by special permit issued by City Council. Said permit shall contain such conditions as the council deems necessary, and shall only issue upon a written determination by the council that such increase in allowable height is consistent with neighborhood character and will not be substantially detrimental to the neighborhood because of obstruction of views, overshadowing of other properties, impairment of utilities or other adverse impacts.

3.1.7 Visibility at Intersections

On a corner lot, as defined at Section 3.1.8, or on a lot which is located at the intersection of a street and a common driveway serving more than two lots, no visual obstruction between 2 ½ and eight feet above the lowest elevation at the curb line shall be permitted within the area of a triangle formed on two sides by the intersecting ways and on the third side by a line drawn between points on each of said intersecting ways 25 feet from the corner. For the purpose of this section, the word "visual obstruction" shall mean any shrub, tree, wall, fence, sign, temporary building, pile of material, terrace or retaining wall, but shall not include permanent buildings or structures otherwise in compliance with this ordinance.

3.1.8 Definitions of Terms used in Section III

Building Height: In the case of a flat roof, the vertical distance measured from the average grade prior to building construction to the highest point of the roof assembly (including parapets). In the case of a sloping roof, the vertical distance measured from the average grade prior to building construction to the highest point of the peak or ridge.

The average grade prior to building construction is established by determining the elevation of the building at all of its corners and deriving the average thereof. Included in the determination of height are widow's walks, towers or cupolas that are more than four feet long, four feet wide and four feet tall. Not included in the determination of height are accessory features such as chimneys, skylights, television antennae and building mechanicals in large commercial, apartment and condominium buildings.

Corner Lot: A lot which fronts on two or more streets at their intersection(s).

Lot: An area of land, all of which is in the same ownership, with definite boundaries ascertainable by recorded deed or plan.

Lot Area: The horizontal area of a lot, exclusive of any area in a street or way open to public use. In calculating lot area for multi-family residential dwellings, not more than ten percent (10%) of the area required by Section 3.2 shall be a brook, stream, river, pond, water-filled quarry, lake, estuary, bank, fresh water wetland, coastal wetland, beach, dune, flat, marsh, wet meadow or swamp, or any land subject to tidal action, coastal storm flowage, flooding or inundation, as defined at Section 12-11 of the City of Gloucester Code of Ordinances. In calculating lot area for all other residential and non-residential buildings, and only in the case of the laying out of new lots, not more than twenty-five percent (25%) of the lot area required by Section 3.2 shall be a brook, stream, river, pond, water-filled quarry, lake, estuary, bank, fresh water wetland, coastal wetland, beach, dune, flat, marsh, wet meadow or swamp, or any land subject to tidal action, coastal storm flowage, flooding or inundation, as defined at Section 12-11 of the City of Gloucester Code of Ordinances.

Lot Coverage: Percentage of lot area covered by structures of any kind, or otherwise roofed.

Lot Frontage: That portion of a lot fronting upon and having access to a street or public way. Except as authorized by the Planning Board pursuant to section 5.20, compliance with the lot frontage requirement shall be determined by measuring the shortest distance, on a line parallel with the frontage street or way, within that portion of a lot between the frontage street or way and the principal building. Unless authorized by variance from the Board of Appeals, access to a lot must be over its frontage.

Lot Width: The horizontal distance between side property lines of a lot, measured parallel to the front property line at that side of the principal building closest to the front property line.

Yard: An open space unoccupied and unobstructed by any structure or portion of a structure from the ground upward, except for fences, walls, low profile cellar bulkheads and other customary yard accessories; or projections of not more than three feet into required yards for such architectural features of a building as unenclosed porches, steps, chimneys, cornices, eaves or canopies, but not for bay windows; or projections allowed to extend beyond setback lines by the State Building Code. In measuring a yard for purposes of determining compliance with the front, rear and side yard setback requirements, the minimum horizontal distance between the lot line and the building in question shall be used.

Yard, Front: A yard extending between the side property lines of a lot and between the property line used to satisfy the Section 3.2 frontage requirement and the building in question (or any projection from said building other than those enumerated in the preceding definition of Yard). Corner lots fronting on two or more streets must comply with the front yard setback requirement for each yard adjacent to each of said streets

Yard, Rear: A yard extending between the side property lines of a lot and between the rear property line and the building in question (or any projection from said building other than those enumerated in the preceding definition of Yard). Corner lots fronting on two or more streets must comply with the rear yard setback requirement for each of the rear yards that is opposite each of said streets. In the event that a corner lot consists of only four sides (i.e., two front yards and two side yards), the rear yard shall be considered that point at which the two side yards meet and the rear yard setback line shall be established by drawing an arc extended from that point and at a distance from that point along each of the side property lines equal to the minimum rear yard distance set forth in the relevant dimensional table of Section 3.2.

Yard, Side: A yard extending from the inner line of the minimum front yard required pursuant to Section 3.2 to the inner line of the minimum rear yard required pursuant to Section 3.2 and extending between the side property line of a lot and the building in question (or any projection from said building other than those enumerated in the preceding definition of Yard).

(Ord. of 9-2-2008(2); Ord. of 9-2-2008(4); Ord. of 10-23-2012(2))

R-80 = Rural Residential; R-40 = Rural Residential; RC-40 = Coastal Residential; R-30 = Low Density Residential; R-20 = Low/Medium Residential; R-10 = Medium/High Density Residential; R-5 = High Density Residential; CCD = Civic Center District; CB = Central Business; VB = Village Business; NB = Neighborhood Business; EB = Extensive Business; MI = Marine Industrial; GI = General Industrial; BP = Business Park.

3.2.1 Dimensional Requirements for Single, Two-Family and Three-Family Dwellings

Single and two-family dwellings are not allowed in the EB, MI, GI and BP districts; any such dwellings in these districts are nonconconforming uses governed by Section 2.4. To the extent that the dimensional requirements for such a dwelling becomes relevant, they are those of the nearest residential district.

Footnotes to Section 3.2.1

a.

This requirement pertains to one, two and three-family dwellings. For multifamily dwellings of four or more units, see Section 3.2.2.

b.

Maximum height for buildings may be increased by special permit pursuant to Section 3.1.6.

c.

The accessory building may not be closer to the street than the principal building.

d.

If the accessory building complies with the front, side and rear yard setbacks for the principal building, the maximum building height for the accessory building shall be that of the principal building. If the accessory building does not comply with said setbacks, the maximum height shall be 12 feet. In either case, footnote (b) shall apply.

e.

The following dimensional requirements supersede those of Section 3.2.1 for single and two-family dwellings and accessory structures thereto which were in existence on or before March 9, 1999 or for which a building permit was issued on or before March 9, 1999:

f.

Two-family dwellings are not allowed in RC-40 districts and single family dwellings are not allowed in the CB District; any such dwellings in these districts are nonconforming uses governed by Section 2.4. To the extent that the dimensional requirements for such dwellings become relevant, they are as set forth in this section.

g.

See Appendix 3.20 at the end of this Section 3.2 for the front, side are rear yard setback distances for single and two-family dwellings and accessory structures thereto which:

(1)

were in existence on or before March 9, 1999 or for which a building permit was issued on or before March 9, 1999; and

(2)

are located in those portions of R-20 and R-30 districts identified by the street lists in Appendix 3.20 at the end of this Section 3.2

h.

Dimensional requirements shall be those of the abutting residential district. If the subject property abuts two residential districts, dimensional requirements shall be those of the residential district with the smaller required minimum lot area.

3.2.2 Dimensional Requirements for Multi-family Dwellings and Their Accessory Uses (other than signs)

Multi-family dwellings are not allowed in the RR-80, RR-40, RC-40, EB, MI, GI and BP districts; any such dwellings in these districts are nonconforming uses governed by Section 2.4. To the extent that the dimensional requirements for such a dwelling becomes relevant, they are those of the nearest residential district in which multifamily dwellings are allowed.

Footnotes to Section 3.2.2:

a.

Minimum lot area per dwelling unit or minimum open space per dwelling unit, or both, may be decreased by special permit issued by the City Council, but only upon a finding that such lesser lot area or open space is in keeping with neighborhood character and structural density.

b.

At least 65% of required front yard area shall consist of vegetative cover, to be established and maintained by the applicant or its successor in interest.

c.

Maximum height for buildings may be increased by special permit pursuant to Section 3.1.6.

d.

Increase by one foot for each foot by which building height exceeds 15 feet.

e.

No principal building shall be closer to another principal building on the same site than the sum of their respective heights; provided, however, that the City Council may by special permit authorize a reduction in said distance upon a finding that such reduction is not detrimental because of view obstruction, overshadowing, service access or visual crowding.

f.

Increase by one-half foot for each foot by which building height exceeds 30 feet.

g.

Dimensional requirements shall be those of the abutting residential district. If the subject property abuts two residential districts, dimensional requirements shall be those of the residential district with the smaller required minimum lot area.

3.2.3 Dimensional Requirements for All Uses Other than Single and Two-family Dwellings (See Section 3.2.1); Multi-family Dwellings (See Section 3.2.2); Shopping Centers (See Section 3.2.4); Assisted Living Facilities (See Section 3.2.5); and Hotels, Motels and Motor Inns (See Section 3.2.6)

Footnotes to Section 3.2.3:

a.

Except in the MI district, maximum height for buildings may be increased by special permit pursuant to Section 3.1.6.

b.

The accessory building shall not be closer to the street than the principal building.

c.

If the accessory building complies with the front, side and rear yard setbacks for the principal building, the maximum building height for the accessory building shall be that of the principal building. If the accessory building does not comply with said setbacks, the maximum build height shall be 12 feet. In both instances, footnote (a) shall apply.

d.

Dimensional requirements shall be those of the abutting residential district. If the subject property abuts two residential districts, dimensional requirements shall be those of the residential district with the smaller required minimum lot area.

e.

A building built on a lot that adjoins the harbor shall be set back from one side lot line by a distance equal to one third of the building height but not less than ten feet.

f.

When subject property abuts a residential district, the side and rear setback distances shall be 10 feet. Otherwise, no setback distances shall be required, provided that the rear of the structure and required off-street loading or parking spaces are accessible by other means. If side or rear yards must be provided for access, they shall be no less than 10 feet wide.

g.

The front, side and rear yard setback distances for buildings used as of right for any of the business uses described in Section 2.3.4 of this ordinance or mixed use business as defined in the Ordinance thereto which (1) were in existence on or before March 9, 1999 or for which are building permit was issued on or before March 9, 1999; and 2) are located in those portions of R-20 and R-30 districts identified by the street lists in the Appendix to section 3.2 at the end of Section 3.2 of this Ordinance shall be the same as front, side and rear setbacks for single and two-family dwellings on the designated streets as set out in the said Appendix.

3.2.4 Dimensional Requirements for Shopping Centers (See Section 5.7.5[f])

Footnotes to Section 3.2.4:

a.

Increase the setback by one foot for each foot by which building height exceeds 20 feet.

b.

Increase the setback by 1/2 foot for each foot by which building height exceeds 20 feet.

c.

Maximum building height may be increased by special permit pursuant to Section 3.1.6 of this ordinance.

3.2.5 Dimensional Requirements for Assisted Living Residences (See Sections 5.7.5 and 5.14)

Footnotes to Section 3.2.5:

a.

Dimensional requirements shall be those of the abutting residential district with the smaller minimum required lot area, as shown on this table.

b.

Maximum building height may be increased by City Council special permit pursuant to Section 3.1.6 (b).

3.2.6 Dimensional Requirements for Hotels, Motels and Motor Inns and Their Accessory Uses (other than signs)

Footnotes to Section 3.2.6:

a.

Minimum lot area per two guest unit or minimum open space per two guest unit, or both, may be decreased by special permit issued by the City Council, but only upon a finding that such lesser lot area or open space is in keeping with neighborhood character and structural density.

b.

At least 65% of required front yard area shall consist of vegetative cover, to be established and maintained by the applicant or its successor in interest.

c.

Maximum height for buildings may be increased by special permit pursuant to Section 3.1.6 of this ordinance.

d.

Increase by one foot for each foot by which building height exceeds 15 feet.

e.

No principal building shall be closer to another principal building on the same site than the sum of their respective heights; provided, however, that the City Council may by special permit authorize a reduction in said distance upon a finding that such reduction is not detrimental because of view obstruction, overshadowing, service access or visual crowding.

(Ord. of 9-2-2008(1); Ord. of 9-2-2008(4); Ord. of 6-14-2011(2); Ord. of 9-8-2015(1); Ord. No. 2022-072, 4-26-2022)

Please note that best efforts have been made to list all North Gloucester and West Gloucester streets affected by the 1999 zoning amendments. Any questions as to inclusion/exclusion should be resolved by reference to the master zoning map, which is available at both the Planning Department and Building Department. This map shall be final and conclusive as to whether a property falls within scope of the 1999 amendments and thereby is entitled to the benefit of the superseding setback distances.

I.

NORTH GLOUCESTER superseding setback distances for certain streets in the R-20 Zoning District.

The above dimensional requirements supersede those of Section 3.2.1 for single and two-family dwellings and accessory structures thereto which:

(1)

Were in existence on or before March 9, 1999 or for which a building permit was issued on or before March 9, 1999; and

(2)

Are located in the R-20 zoning district; and

(3)

Are located on one or more of the following streets:

Albion Ct

Ames Dr

Anchor Ln

Andrews St

Barberry Hghts Rd

Bayfield Rd

Bayview Ln

Bennet St ^*

Bianchini Rd

Bittersweet Rd

Brierwood St

Burns Way

Butman Ave

Butternut Ln

Ciaramitaro Ct

Coggeshall Rd

Colburn St

Cole Ave

Compass Way

Costa Dr

Crane Way

Crowell Ave

Day Ave

Days Ave

Dennison St ^*

Dorset Dr

Driftwood Ln

Duley St

Emerald St

Folly Point Rd

Hesperus Ave ^*

Hesperus Cir

Hickory St ^*

High St ^*

High St Pl

Hillside Ct

Hilltop Rd

Homan's Ct

Jussila Ln

Lane Rd

Lane's Cove Rd

Langsford St

Langsford Way

Leonard St ^*

Leverett St ^*

Linwood Pl

Mason Square

McLellan St

Mechanic Pl

Morgan Ave

Mt. Locust Pl

Munsey Ln

Nashua Ave ^*

Nikolane Way

Norseman Ave

North Kilby St

Old Farm Ln

Pigeon Ln

Plum Ct

Quarry St ^*

Revere St ^*

Rockwood Ln

Rowley Shore

Sanderson Ct

Ship's Bell Rd

Sunset Point Rd

Tucker St

Vale Ct

Viking St

Vulcan St

Washington St

Wishart Rd

Woodbury Hill

Woodbury St ^*

Young Ave

Youngs Rd ^*

^*  Only a portion of this street is subject to the superseding setback distances. Please consult with the Building Department as to the dividing line.

II.

WEST GLOUCESTER superseding setback distances for certain streets in the R-20 Zoning District.

The above dimensional requirements supersede those of Section 3.2.1 for single and two-family dwellings and accessory structures thereto which:

(1)

Were in existence on or before March 9, 1999 or for which a building permit was issued on or before March 9, 1999; and

(2)

Are located in the R-20 zoning district; and

(3)

Are located on one or more of the following streets:

Anchor Ln

Anderson Way

Atlantic Ave

Atlantic St

Banjo Way

Bayberry Lane

Bayfield Rd

Bayle Ln

Beachmont Ave

Becker Cir

Becker Ln

Bond St

Boulder Ave

Brookfield Dr

Brooks Ln

Brooks Rd

Bungalow Rd

Causeway St

Cedarwood Rd

Chickadee Rd

Clearview Ave

Cliff Ave

Clover Ln

Cole Ave

Concord St ^*

Cononicus Rd

Cottage Ln

Cove Ledge Ln

Crane Way

Crowell Ave

Curlew Ct

Dalton Ave

Day Ct

Dolliver Neck Dr ^*

Dowitcher Dr

Dublin Ln

Dune Cir

Dune Ln

Edgewood Rd

Elmo Ln

Essex Ave ^*

Eveleth Rd

Fenley Rd

Ferncliff Hghts ^*

Fleetwood Dr

Flume Rd

Fuller Ln

Fuller St

Gibbs Hill Dr ^*

Gull Ln

Harbor Hghts

Heath Hghts

Hghts at Cape Ann

Heron Cir

Hesperus Ave ^*

Hesperus Cir

Hidden Way

Hilltop Rd

Homan's Ct

Homestead Dr

Hough Ave

Hunter Rd

Julian Rd

Julie Ct

Kent Cir

Kent Rd

King Philip Rd

Lake Rd

Larose Ave ^*

Lexington Ave

Linden Ave

Linden Rd

Linwood Ave

Lobster Ln

Longview Rd

Longview Ter

Lowe Dr

Lyndale Ave

Malcolm Rd

Maple Rd

Marshfield St

Massasoit Rd

Mt. Ann Rd

New Way Ln ^*

Newton Rd

Norman Ave

Oakes Ave

Ocean Ave

Old Salem Path

Old Salem Rd ^*

Park Ln

Pew Ave

Pine Rd

Plover Way

Point Rd

Presson Point Rd

Raymond St

Ridgewood Ln

Samoset Rd

Sandy Way

Saville Rd

Sawyer Ave

Shore Rd

Skipper Way

Skipper Way Ter

Sleepy Hollow Rd

Somes Ave ^*

South Bend Ave ^*

Stage Fort Ave

Stanwood Ave

Stanwood Point

Stillington Dr ^*

Strawberry Cove

Stuart Rd

Thompson St

Tolman St

Treetop Ln

Uncas Rd

Valley Rd

Village Rd

Waban Rd

Waterman Rd

Waterside Ln

Wauketa Ln

West Parish Ln

White's Mtn Rd

Windsor Ln

Winthrop Ave

Woodward Ave

Wyoma Rd

^*  Only a portion of this street is subject to the superseding setback distances. Please consult with the Building Department as to the dividing line.

III.

WEST GLOUCESTER superseding setback distances for certain streets in the R-30 Zoning District.

The above dimensional requirements supersede those of Section 3.2.1 for single and two-family dwellings and accessory structures thereto which:

(1)

Were in existence on or before March 9, 1999 or for which a building permit was issued on or before March 9, 1999; and

(2)

Are located in the R-30 zoning district; and

(3)

Are located on one or more of the following streets:

Blossom Ln

Buena Vista Ave ^*

Butler Ave

Carter Hill Rd

Chateau Hghts

Edmonds Way ^*

Emily Ln

Englewood Rd

Herd's Hill

Kettle Cove Ln

Lawndale Cir

Lisa Dr

Long Hill Rd

Magnolia Ave ^*

Pinecrest Ave

Rockmoor Ter

Ryan Rd

St. Joseph

St. Peter

Story Rd

Westbrook Ln

Western Ave ^*

^*  Only a portion of this street is subject to the superseding setback distances. Please consult with the Building Department as to the dividing line.

(Ord. of 9-2-2008(4))