Haverhill City Zoning Code

To encourage the efficient use of the City's housing supply while preserving the character of the City's neighborhoods;

To increase the supply of housing and the diversity of housing options, in response to demographic changes such as smaller households and older households;

To develop housing units that are safe, code compliant, and appropriate for households at a variety of stages in life; and

To add affordable rental units to the housing stock to meet the needs of smaller households and make housing units available to households who might otherwise have difficulty finding housing.

All applications for an ADU, including those allowed "by right," shall begin with an application for an Accessory Dwelling Unit to be available from the Department of Inspectional Services.

All ADUs allowed by right must still meet all requirements of the state building code and must have an occupancy permit issued by the Department of Inspectional Services.

An ADU located completely within the existing envelope of a principal dwelling with not more than three units shall be permitted as a by right accessory use with no special permit required.

An ADU that that is created by adding gross floor area to a single-family dwelling that can be accomplished in compliance with all setback and yard requirements shall be permitted as a by right accessory use with no special permit required.

Other than a single by right ADU in a single-family residential zone, an ADU in an existing detached building designed to be accessory to the principal structure, such as a garage, barn, or carriage house on a single-family lot, two-family lot, or multifamily lot shall require the issuance of a special permit by the Board of Appeals in compliance with the provisions of this section.

Other than a single by right ADU in a single-family residential zone, an ADU constructed within a new detached accessory building shall require the issuance of a special permit by the Board of Appeals, shall not be eligible for zoning dimensional relief by variance, and shall only be constructed on a single-family lot.

When the creation of an ADU requires the alteration of the exterior of a structure, the application shall include elevation plans showing the sides of the building affected by the construction both prior to and after completion of construction.

The site plan shall, at a minimum, show the footprint of all existing dwellings and structures, the location of parking and driveways demonstrating that parking is sufficient for all users, the square footage of the existing dwelling, the square footage of the ADU, and the location and design of all ingress and egress from the ADU. The site plan must be prepared and stamped by a registered land surveyor.

By filing the application for a building permit for an ADU, all owners consent to an inspection without a warrant upon reasonable notice by the Building Commissioner to ensure compliance with all terms of this section.

The Building Commissioner shall issue a cease and desist order on any work in progress or on the use of any premises, either of which are in violation of the provisions of this section.

Other than for a single by right ADU in a single-family residential zone, the owner of the lot on which the ADU is created must continue to occupy either the principal dwelling unit or the ADU, except for temporary absences of up to six months. For purposes of this subsection, the "owner" shall be one or more individuals who hold record title, or hold a majority of the beneficial interests in a trust holding title, to the lot and for whom either dwelling unit is the primary residence for voting and tax purposes.

There shall be no more than one ADU, either internal or detached, on any lot. ADUs shall not be eligible for zoning dimensional variances proposing to increase the number of allowable ADUs on a lot.

The ADU may not be sold or transferred separate and apart from the principal dwelling to which it is an accessory use. The principal dwelling and the ADU shall remain in common or single ownership and shall not be severed in ownership.

The ADU shall not be used for boarding and lodging or other commercial use. An ADU and the principal dwelling to which it is accessory may be rented for periods not shorter than 12 months at a time and are prohibited from any use as rental units on a weekly or daily basis.

Other than a single by right ADU in a single-family residential zone, an ADU shall not exceed 1,200 square feet or 40% of the living space (square feet) of the size of the existing building or structure, whichever is less. Other than a single by right ADU in a single-family residential zone, an ADU in a new detached building shall not exceed 1,200 square feet or 50% of the living space (square feet) of the size of the existing structure, whichever is less. Other than a single by right ADU in a single-family residential zone, an ADU in an existing detached building shall not exceed 1,200 square feet or 50% of the living space (square feet) of the size of the existing structure, whichever is less.

Other than a single by right ADU in a single-family residential zone, an ADU shall not contain less than 350 square feet of habitable space.

Any additions made to the principal dwelling built after the adoption of this section must have been constructed for five or more years before the additional living space can be included as part of the calculation to determine the maximum size of any proposed detached ADU or ADU by addition.

An ADU in a new detached building must meet the setback requirements of the principal dwelling unit, as well as other applicable dimensional requirements.

Any new detached ADU, any ADU created by adding gross floor area to a single-family dwelling or any ADU created by adding gross floor area to an existing detached accessory building or structure shall be in accordance with the open space and building coverage requirements as established by the Table of Dimensional and Density Regulations[1] based on the applicable zoning district.

The ADU will be a complete, separate housekeeping unit containing both a kitchen and bath.

The ADU installation must maintain the architectural character of the principal dwelling.

Any detached ADU may require the installation of fencing for the purpose of screening as a condition of special permit approval.

One off-street parking space shall be provided for the ADU in addition to the parking required for the principal dwelling unit(s) unless the by right ADU meets the exemptions as permitted under MGL c.40A § 3 and 760 CMR 71.03(2)(b) as amended.

Electricity, water, oil, heat, and gas shall be provided by a single service to both the ADU and the principal dwelling and, if the by right ADU is a rental unit, is included in the rent.

The Board of Health must certify that any existing potable water and sanitary waste disposal system is adequate to support the ADU.

All exterior stairways to the ADU above the first floor shall be located on the rear or side of the dwelling.

The ADU shall not contain more than two bedrooms.

All ADUs shall be clearly subordinate in use, size, and design to the principal dwelling.

The ADU must be capable of being discontinued as a separate dwelling unit without demolition of any structural component of the principal dwelling.

An ADU certified by the Department of Community Development to be an Affordable Accessory Dwelling Unit may be eligible for a reduction in residential taxes if allowed by home rule petition. To be eligible the owner of the principal dwelling shall maintain rent for the ADU at a minimum of 30% below the Fair Market Rent (FMR) for Haverhill as determined by HUD. To maintain eligibility the owner of the principal dwelling shall submit documentation on an annual basis to the City's Department of Community Development and shall submit such other documentation as may be required by that office.

No building shall be constructed or changed in use or configuration without the issuance of a building permit by the Building Commissioner.

The construction of any ADU must be in conformity with the State Building Code and, if applicable, Title V of the State Sanitary Code and lawful under all other provisions of applicable City health, building, zoning and other local laws and regulations.·

No ADU shall be occupied unless a certificate of occupancy for such unit has been issued by the Building Commissioner.

A certificate of occupancy shall not be issued unless the Building Commissioner determines that the ADU is in conformity with the provisions of this section, any special permit issued by the Board of Appeals, and all applicable health and building codes.

The Building Commissioner shall refuse to issue any permit which would result in a violation of any provisions of this section or in violation of the conditions or terms of any special permit or variance granted by the Board of Appeals.

The building permit shall be revoked upon determination by the Building Commissioner that any condition imposed by this section has not been fulfilled.

Approval for all ADUs require that the property owner must occupy one of the dwelling units. To continue to maintain eligibility, the property owner must certify with the City on an annual basis in the form of a letter to the Department of Community Development stating that owner-occupancy continues to be maintained and that all conditions imposed by this section remain fulfilled.

Upon sale of the property and/or turnover of an ADU that functions as a rental unit, a rental permit inspection of the ADU shall be conducted by the Inspectional Services Department in addition to any other inspections required by the Fire Department.

The use of the ADU shall terminate immediately upon a determination by the Building Commissioner of any violation of any term or condition of this section that the owner fails to cure, upon 30 days' written notice mailed to the applicant and to the occupants at the dwelling address by certified mail, return receipt requested.

Upon termination, the owner shall discontinue the use of the ADU as a separate dwelling unit.

The separate cooking facilities in the ADU shall be decommissioned.

Continued use of the ADU as a separate dwelling unit shall be a violation of this section and subject to the penalties provided in the ordinance.

The owner shall permit an inspection by the Building Commissioner without a warrant.

The development shall be served by both public water and sewerage systems.

The maximum continuous length of any building facade in any one direction shall not exceed 200 feet, and for attached dwellings (townhouses or row house), the minimum number of units in a row shall be three and a maximum of 10 units (but not to exceed 200 feet). There shall be a minimum of 40 feet between buildings or townhouse rows.

The plan and the roadway and respective utility improvements in the tract shall be subject to the definitive plan and performance guaranty requirements of the Rules and Regulations Governing the Subdivision of Land in the City of Haverhill, Massachusetts.

The services of a consultant to act as a Clerk of the Works, directly responsible to the City Engineer, to assure that proper construction practices are implemented according to any standards or procedures set forth by the City Council as a condition for the issuance of the required special permit and according to the subdivision plans and specifications approved by the Planning Board, shall be required, upon the written recommendation of the City Engineer, for any multifamily development where new roadway and/or utility systems are required. Said Clerk shall be selected and reimbursed as outlined within § 10.7.

The developer shall install street identification signs on all rights-of-way and drives within the development. Said signs shall be in place upon completion of final paving of each respective way or drive.

The developer shall install streetlighting on all rights-of-way and drives within the development. The lighting shall be in place prior to paving of each respective way or drive.

The provisions of this section shall not be applicable in the following zoning districts:

Provided said zones are included in the City's approved MBTA Community zoning district pursuant to G.L. c. 40A, § 3A.

All new multifamily housing and mixed use developments with 10 or more residential dwelling units are required to provide 10% of their units for occupancy by low- and/or moderate-income households.

This section does not apply to the rehabilitation of any building or structure, all of or substantially all of which is destroyed or damaged by fire or other casualty or a natural disaster; provided, however, no rehabilitation nor repair shall result in net increase in the density, bulk or size of any such building or structure which previously existed prior to the damage or destruction thereof except in conformance with this section.

This section shall not apply to the proposed rehabilitation or replacement of any housing units in existence at the time of adoption of this section and shall only apply to net new units that increase the density of such existing buildings or structures.

Projects and developments shall not be segmented or phased in a manner to avoid compliance with the provisions of this section. These provisions apply to the creation of units over a five-year period.

Avoidance by phasing. A development shall not be phased or segmented in a manner to avoid compliance with this section.

Avoidance by segmentation. The special permitting granting authority shall not approve any inclusionary development project that results in 10 or more dwelling units if the land or parcels of land were held in common ownership (including ownership by related or jointly controlled persons or entities) and were subdivided or otherwise modified within the previous five years to avoid compliance without complying with this section.

Enforceability. This section shall also be enforceable against purchasers of land previously held in common ownership with land that received, after the date of adoption of this section, approvals or permits for development, to the effect that units developed under such previous development shall be counted toward the calculation of number of units under this section.

Special permit granting authority. The special permit granting authority (SPGA) for an inclusionary development shall be the City Council.

Required findings. A special permit may be granted only if the SPGA finds the proposal complies with the requirements of this section; and provided that the proposal complies with other applicable provisions of this chapter.

The low- and moderate-income housing units will be constructed on the same site as other units and indistinguishably interspersed throughout the project (except as provided for below). In all cases, the low and moderate income housing units to be provided shall be equal in quality, materials and character to the base level market rate units in development if a homeownership project, and indistinguishable if a rental project. If the project is built in phases, a proportionate share of low and moderate income units shall be built in each phase.

The SPGA may grant a special permit to provide affordable housing through a cash payment to the Haverhill Affordable Residence Trust or Designated Housing Entity, in lieu of providing one or more of the affordable units required under this section. Calculation of payment in lieu of provision of affordable units shall follow the methodology below:

For every affordable rental unit provided in accordance with § 8.3.2, above, the developer may build one additional unit in the development, regardless of the minimum lot area required for the additional unit or units. For every affordable ownership unit provided in accordance with § 8.3.2, above, the developer may build two additional units in the development, regardless of the minimum lot area required for the additional unit or units, provided however, for a unit to qualify as an "affordable housing unit," and qualify for two additional units, each said unit must be established as a condominium unit, and the unit deed for same must contain a restriction restricting the owner(s) of said Unit also occupy said unit, at all times. Except for the resulting reduction in the minimum lot area, all other dimensional and density regulations shall apply to the development.

The total number of additional units (bonus units) must not exceed 25% of the number of units otherwise permissible on the lot under lot area per dwelling unit requirements.

No density bonus shall be granted when the requirements of this section are met with cash payment pursuant to § 8.3.4, Subsection 2.

Rental. For inclusionary developments with rental affordable housing units, all required affordable housing units shall be reserved for households earning not more than 80% AMI [area median income of the Lawrence, MA-NH HUD Metro FMR Area published annually by the U.S. Department of Housing and Urban Development (HUD)];

Homeownership. For inclusionary developments with homeownership affordable housing units, all required affordable housing units shall be reserved for households earning not more than 80% AMI [area median income of the Lawrence, MA-NH HUD Metro FMR Area published annually by the U.S. Department of Housing and Urban Development (HUD)]; and

Local preference. To the maximum extent permitted by law, including the regulations of HUD and/or the MA Department of Housing and Community Development (DHCD) or any successor agency, any special permit granted hereunder shall include a condition that a preference for Haverhill residents shall be included as part of any lottery and marketing plan for the affordable housing units.

Siting of affordable units. All affordable units constructed or rehabilitated under this section shall be situated within the development so as not to be in less desirable locations than market rate units in the development and shall, on average, be no less accessible to public amenities, such as open space, than the market-rate units.

Minimum design and construction standards for affordable units. Affordable housing units shall be integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of materials with other units. Interior features and mechanical systems of affordable units shall conform to the same specifications as apply to market-rate units.

Timing of construction or provision of affordable units or lots. Where feasible, affordable housing units shall be provided coincident to the development of market-rate units.

Occupancy. Affordable units shall serve eligible households of diverse sizes based on the number of bedrooms in each affordable unit.

Lottery or tenant selection agent. The applicant for an inclusionary development project shall engage a DHCD and City of Haverhill Office of Economic Development and Planning approved lottery agent for homeownership units who shall ensure affirmative marketing and compliance with income requirements as well as DHCD requirements for maximum housing purchase price for affordable housing units. If the affordable units will be rental units, the applicant shall engage an approved lottery agent qualified to prepare and implement a tenant selection plan consistent with these standards. For certain state and federally funded projects more restrictive requirements may supersede state requirements.

Resale price. Sales beyond the initial sale to a qualified affordable income purchaser shall comply with the requirements of the DHCD Local Initiative Program (LIP).

Right of first refusal to purchase. The purchaser of an affordable housing unit developed as a result of this article shall agree to execute a condition in its deed restriction to be approved by the City and DHCD, granting, among other things, the municipality's and DHCD's right of first refusal to purchase the property in the event that a subsequent qualified purchaser cannot be located.

Affordable deed restriction. The SPGA shall require, as a condition for special permit under this section, that the applicant comply with the mandatory set-asides and accompanying restrictions on affordability, including the execution of an affordable deed restriction in a form consistent with LIP or any other applicable guidelines issued by DHCD, and that ensures affordable units can be counted toward Haverhill's Subsidized Housing Inventory (SHI). The Building Commissioner shall not issue a certificate of occupancy permit for any affordable unit without evidence of the recording of the affordable deed restriction.

Regulatory agreement. The applicant shall use the DHCD Local Initiative Program Regulatory Agreement for all inclusionary development projects. No building permit shall be issued until an approved regulatory agreement is recorded at the Registry of Deeds and the Building Commissioner is notified by the Director of the Office of Economic Development and Planning or his/her representative that the project is progressing in a satisfactory manner in fulfilling its affordable housing requirement.

Preparation of lottery or tenant selection plan. The applicant is responsible for the application process and lottery or tenant selection plan to establish buyers or tenants for the affordable housing units. The affordable housing lottery or tenant selection plan shall take place prior to the Building Commissioner issuing certificates of occupancy for the affordable housing units.

Submittal to DHCD. The applicant shall provide the City with required information to submit application to DHCD for inclusion of the affordable housing units on the City's subsidized housing inventory before the issuance of the certificates of occupancy for the affordable housing units.

Local action units. The affordable housing units shall qualify as local action units in compliance with the provisions of 760 CMR for inclusion on the subsidized housing inventory (SHI) or any successor inventory. Failure to gain approval to maintain compliance with the criteria for inclusion on the SHI, or removal of an affordable housing unit from the SHI for any reason, shall be deemed to be noncompliance with this chapter.

Rental. Developers/owners of inclusionary development projects with rental affordable housing units shall be required to submit to the City of Haverhill an annual statement of rent level, rental income, verification of tenant income, and any other information necessary to confirm compliance with the requirements of this chapter.

Homeownership. If the owner shall desire to sell, dispose of, or otherwise convey a homeownership affordable housing unit, the owner shall notify the City of Haverhill prior to listing the property for-sale to ensure compliance with the requirements of this chapter.

Rules and regulations. The City of Haverhill shall have the authority to develop rules and regulations appropriate to and consistent with the compliance and monitoring provisions of this chapter.

Encourage the preservation of open land for its scenic beauty and to enhance agricultural, open space, forestry, and recreational use;

Preserve historical and archeological resources; to protect the natural environment, including the City's varied landscapes and water resources;

Protect the value of real property;

Promote more sensitive siting of buildings and better overall site planning;

Perpetuate the appearance of the City's traditional New England landscape;

Facilitate the construction and maintenance of streets, utilities, and public services in a more economical and efficient manner;

Offer an alternative to standard subdivision development; and

Promote the development of housing for persons over the age of 55.

A development plan conforming to the requirements for a preliminary plan as set forth in the Subdivision Rules and Regulations of the Planning Board.

Where wetland delineation is in doubt or dispute, the SPGA may require appropriate documentation.

Data on proposed wastewater disposal, which shall be referred to a consulting engineer for review and recommendation.

The SPGA may also require as part of the development plan any additional information necessary to make the determinations and assessments cited herein.

Understanding the Site. The first step is to inventory existing site features, taking care to identify sensitive and noteworthy natural, scenic and cultural resources on the site, and to determine the connection of these important features to each other.

Evaluating Site Context. The second step is to evaluate the site in its larger context by identifying physical (e.g., stream corridors, wetlands), transportation (e.g., road and bicycle networks), and cultural (e.g., recreational opportunities) connections to surrounding land uses and activities.

Designating the Contiguous Open Space. The third step is to identify the contiguous open space to be preserved on the site. Such open space should include the most sensitive and noteworthy resources of the site, and, where appropriate, areas that serve to extend neighborhood open space networks.

Location of Development Areas. The fourth step is to locate building sites, streets, parking areas, paths and other built features of the development. The design should include a delineation of private yards, public streets and other areas, and shared amenities, so as to reflect an integrated community, with emphasis on consistency with the City's historical development patterns.

Lot Lines. The final step is simply to draw in the lot lines (if applicable).

Lots having reduced area or frontage shall not have frontage on a street other than a street created by the flexible development; provided, however, that the SPGA may waive this requirement where it is determined that such reduced lot(s) are consistent with existing development patterns in the neighborhood.

At least 50% of the required side and rear yards in the district shall be maintained in the flexible development.

For each additional 10% of the site over the open space required below and set aside as contiguous open space, a bonus of 5% of the basic maximum number may be awarded; provided, however, that this density bonus shall not exceed 20% of the basic maximum number.

Where the SPGA determines that the applicant has offered significant amenities to the City, including but not limited to infrastructure improvements, equipment, or technical assistance, a bonus of up to 20% of the basic maximum number may be awarded.

The percentage of the contiguous open space which is wetlands shall not normally exceed the percentage of the tract which is wetlands; provided, however, that the applicant may include a greater percentage of wetlands in such open space upon a demonstration that such inclusion promotes the purposes set forth in Section 1.0, above. In no case shall the percentage of contiguous open space which is wetlands exceed 50% of the tract.

The contiguous open space shall be used for conservation, historic preservation and education, outdoor education, recreation, park purposes, agriculture, horticulture, forestry, or for a combination of these uses, and shall be served by suitable access for such purposes.

The contiguous open space shall remain unbuilt upon, provided that the SPGA may permit some of the open space to be paved or built upon for structures accessory to the dedicated use or uses of such open space, pedestrian walks, and bikepaths.

Underground utilities to serve the flexible development site may be located within the contiguous open space.

The City or its Conservation Commission;

A nonprofit organization, the principal purpose of which is the conservation of open space and any of the purposes for such open space set forth above;

A corporation or trust owned jointly or in common by the owners of lots within the flexible development. If such corporation or trust is utilized, ownership thereof shall pass with conveyance of the lots in perpetuity. Maintenance of such open space and facilities shall be permanently guaranteed by such corporation or trust which shall provide for mandatory assessments for maintenance expenses to each lot. Each such trust or corporation shall be deemed to have assented to allow the City to perform maintenance of such open space and facilities, if the trust or corporation fails to provide adequate maintenance, and shall grant the City an easement for this purpose. In such event, the City shall first provide 14 days' written notice to the trust or corporation as to the inadequate maintenance, and, if the trust or corporation fails to complete such maintenance, the City may perform it. Each individual deed, and the deed or trust or articles of incorporation, shall include provisions designed to effect these provisions. Documents creating such trust or corporation shall be submitted to the SPGA for approval, and shall thereafter be recorded.

Permit an entity to propose, and for City Council vote, a development proposal that specifies a mixture of commercial, business, residential, open space or other uses and the site development requirements to be used for a specific site.

Permit some flexibility in the development of individual tracts of land by required and predetermined standards.

Permit the use of development standards tailored to a specific site and more detailed than those for the standard zoning districts.

Permit the City to evaluate the potential impacts of a proposed development and to authorize the Council, as the special permit granting authority (SPGA), to require that the development of the site substantially conforms to site development standards approved as part of the rezoning to PDD and intended to mitigate or compensate for the potential impacts.

Planned Commercial Development District. Primarily commercial, business and other nonresidential uses alone or in combination.

Planned Residential Development District. Primarily residential uses alone or in combination with nonresidential uses.

Pre-application review. Applicants are strongly encouraged to schedule a pre-application review with the Planning Department. Pre-application review should precede the preparation of detailed plans or specifications. For the pre-application review, an applicant will submit a project description that describes the uses to be proposed and the benefits to the City from those uses.

Ordinance submission. The applicant shall submit a proposed amendment to this chapter for the PDD rezoning in consultation with the Planning Department and the City Solicitor. The proposed amendment shall contain the requirements set forth in § 8.5.5. The finalized amendment shall be presented to the City Council for approval of the proposed PDD. The Planning Department shall prepare the text of the proposed amendment and locate the new district on the Zoning Map.

Statutory requirements. The zoning amendment shall thereafter be processed in accordance with MGL c. 40A, s. 5 and § 1.6 of this chapter.

Submission Fee. The SPGA shall specify submission fees for a PDD District rezoning in its rules and regulations. In no case shall the fee be less than $850. The required fee shall be submitted with the rezoning request and preliminary plan.

A preliminary plan which shall include the following at a level of detail sufficient to enable a peer review, if required by the SPGA:

The site development and use plan is substantially in conformance with the PDD rezoning ordinance approved by the Council. The SPGA may permit insubstantial changes in view of the more detailed survey and engineering design provided that they do not conflict with the intent of the PDD rezoning ordinance.

The PDD rezoning ordinance approved by City Council and the site development and use plan are incorporated into the PDD zoning ordinance by reference.

Methods satisfactory to the SPGA of ensuring the performance of any special conditions included in the PDD rezoning ordinance have been submitted by the developer.

Any land designated as common open space on the PDD rezoning ordinance shall, at the SPGA's discretion, be either conveyed to the City or protected by an easement granted to the City.

The SPGA reserves the right to require that up to 20% of all new housing units be made affordable to persons of low and moderate income, according to the standards of the state and/or City, as determined by the SPG.

The project meets the evaluation criteria specified in this section and the SPGA's rules and regulations.

The SPGA in granting a PDD zoning ordinance may impose such additional conditions as the SPGA finds will serve the public interest and are consistent with the intent of the PDD rezoning ordinance.

The SPGA may deny an application for PDD zoning ordinance and base its denial on the finding that the development proposed in the site development and use plan did not meet one or more of these criteria for approval.

In the event the SPGA determines that the site development and use plan is not in substantial conformance with the PDD rezoning ordinance, the application for a PDD zoning ordinance shall be denied. The applicant shall be required to submit a new PDD rezoning ordinance and zoning amendment to the City Council in order to proceed.

To promote a diversity of housing types in the City in a mixed use setting with specified commercial uses; and

To promote reuse of the property containing the former DiBurros Function Facility in an orderly and productive manner.

Multifamily Dwellings containing not more than 45 units in any single dwelling, including ancillary or accessory clubhouse, pool, health and fitness facility, and other amenity space for the residents.

Retail establishment, not to exceed 10,000 square feet of gross floor area.

Restaurant, coffee shop, diner, luncheonette, or sandwich shop, not to exceed 10,000 square feet of gross floor area.

Drive-through facility.

Minimum lot area; multifamily dwellings: five acres.

Minimum lot area; commercial: 0.4 acre.

Minimum frontage; multifamily dwellings: 350 feet.

Minimum frontage; commercial: 100 feet.

Maximum building height; multifamily: Five stories and 70 feet.

Maximum building height; commercial: 2.5 stories and 35 feet.

Building setback: All buildings shall be set back not less than 25 feet from the boundary of the BRPRD.

Multifamily dwelling separation. No multifamily dwelling shall be located less than 10 feet from any other multifamily dwelling(s).

Density; multifamily dwellings: The total number of dwelling units shall not exceed 35 per acre of lot area.

The following parking requirements shall apply in the BRPRD. Both surface and underground parking areas are permissible.

Parking and loading shall generally comply with the standards set forth in § 6.1 of this chapter, unless waived by the City during development review.

To promote a diversity of housing types in the City in a mixed-use setting with specified commercial uses; and

To promote reuse of the property containing the former Joseph's Trattoria, Bakery & Cafe in an orderly and productive manner.

Multifamily dwellings containing not more than 240 units in any single dwelling, including ancillary or accessory clubhouse, pool, health and fitness facility, and other amenity space for the residents.

Retail establishment, and/or private event space complementary to the restaurant, not to exceed 10,000 square feet of gross floor area.

Restaurant, coffee shop, diner, luncheonette, or sandwich shop, not to exceed 10,000 square feet of gross floor area.

Minimum lot area; multifamily dwellings: five acres.

Minimum lot area; commercial: 0.4 acre.

Minimum frontage; multifamily dwellings: 100 feet.

Minimum frontage; commercial: 100 feet.

Maximum building height; multifamily: six stories and 80 feet.

Maximum building height; commercial: 2.5 stories and 35 feet.

Building setback: All buildings shall be set back not less than five feet from the boundary of the OCPRD, except for front yards along streets shall be a setback a minimum of zero feet.

Multifamily dwelling separation: No multifamily dwelling shall be located less than 10 feet from any other multifamily dwellings.

Density; multifamily dwellings: The total number of dwelling units shall not exceed 50 per acre of lot area.

The following parking requirements shall apply in the OCPRD. Both surface and underground parking areas are permissible and may be shared between uses within the OCPRD.

Parking and loading shall generally comply with the standards set forth in § 6.1 of this chapter, unless waived by the City during development review and except as follows:

The name and full street address of the structured sober living home;

The name, full street address, mobile and land phone numbers, e-mail address, and driver's license or government issued identification number of the property owner and the operator;

After a house manager is hired, each house manager's name, full home living street address, mobile and land phone numbers, e-mail address, and driver's license or government issued identification number;

If the operation of the sober house involves a lease, a copy of the lease then currently in effect;

The operation plan for the sober house, including supervisory roles and responsibilities, all plans that facilitate the rehabilitative process and those that address the maintenance and control of the property including parking, noise abatement and the like, all consistent with local ordinances;

The tenant rules and regulations, written intake procedures and relapse policy, and discharge plan;

An affirmation by the operator that only residents [other than the house manager(s)] who have the disability of addiction to drugs and/or alcohol as defined by state and federal law are eligible to reside at the sober house and the home will not admit persons who pose a direct threat to the health or safety of others such as persons on the sex offender registry or prison pre-parolee;

A blank copy of every form that residents and potential residents are required to complete;

A voluntary fire safety inspection of the property shall be offered as part of the registration process by the Haverhill Fire Department;

A signed and dated safety certification that the following safety devices are installed and fully functional as well as a schedule for self-inspecting each device: a) functioning smoke detectors in the sleeping rooms and common areas; b) functioning carbon monoxide detectors; c) functioning fire extinguishers in plain sight and/or clearly marked location; d) interior and exterior of the property is in a functional, safe and clean condition and free of fire hazards; and

Contact information shall be provided on an annual basis and updated within 30 days of any change.

The owner or operator has provided materially false or misleading information on its application or omitted any pertinent information;

Any owner or operator has an employment history in which he or she was terminated during the prior five years or any staff person has an employment history in which he or she was terminated in the prior year, due to physical assault, sexual harassment, embezzlement, theft, falsifying a drug test, or selling or furnishing illegal drugs or alcohol;

Any operator of a sober house who is in recovery from drug and/or alcohol addiction who has been clean and sober for fewer than two full years as of the date of application for this registration or the date of employment;

Repeated violations of the operating rules and regulations submitted as part of the application for the registration, and/or the supervision requirements in the sober house for the residents during hours of operation, the structured sober living home's rules and regulations, written intake procedures, relapse policy, or discharge procedure and policy.