Marblehead City Zoning Code
ARTICLE III
Zoning Districts
§ 200-8 Establishment of districts.
A.
Zone districts. For the purpose of this Bylaw, the Town of Marblehead is divided into the following classes of districts:
[Amended 5-4-2009 ATM by Art. 40; 5-6-2019 ATM by Art. 26]
ESR Expanded Single Residence |
SESR Shoreline Expanded Single Residence |
SR Single Residence |
SSR Shoreline Single Residence |
GR General Residence |
SGR Shoreline General Residence |
B Business |
U Unrestricted |
SU Shoreline Unrestricted |
ECR Expanded Central Residence |
CR Central Residence |
SC Shoreline Central Residence |
H Harborfront |
B1 Business - 1 |
BR Business Residential |
SG Smart Growth Overlay District |
B.
Zone District Map. Location and boundaries of all these zone districts are as shown on Zoning Map of Marblehead dated February 1928, and amendments thereto, signed by the Planning Board and on file with the Town Clerk. This map is a part of the Bylaw.
C.
The Floodplain District is herein established as an overlay district. The district includes all special flood hazard areas within the Town of Marblehead designated as Zone A, AE, AO, and VE on the Essex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA, successor to the U.S. Department of Housing and Urban Development, HUD) for the administration of the National Flood Insurance Program (NFIP). The map panels of the Essex County FIRM that are wholly or partially within the Town of Marblehead are panel numbers 25009C0419G, 25009C0438G, 25009C0439G, 25009C0443G, 25009C0532G, 25009C0551G, and 25009C0525G dated July 16, 2014 and as may be amended from time to time. The map indicates the one-hundred-year regulatory floodplain. The exact boundaries of the district may be defined by the one-hundred-year base flood elevations shown on the FIRM and further defined by the Flood Insurance Study report dated July 16, 2014. The FIRM and Flood Insurance Study report are on file with the Town Clerk, the Building Commissioner, and Conservation Commission.
[Added 5-7-2012 ATM by Art. 33; amended 5-5-2014 ATM by Art. 30]
§ 200-9 Interpretation of zone district boundaries.
A.
Boundary along street. Boundaries which appear to follow streets and other rights-of-way or streams shall coincide with the center line thereof, including the projection of said center line.
B.
Boundary parallel to street. Boundaries which appear to run parallel to a street line or other rights-of-way shall be considered to be 100 feet from the center line of said street or right-of-way, unless otherwise indicated on the Zoning Map.
[Amended 5-6-2019 ATM by Art. 26]
C.
Boundary dividing lot. Where a zoning district boundary line divides any lot existing at the time such line is adopted, the use regulations (not dimensions, parking and accessory building regulations) for the less restricted portion of such lot shall extend not more than 20 feet into the more restricted portion of the lot, provided that the lot has frontage in the less restricted district. The Board of Appeals may by special permit for use and dimension extend the line up to an additional 20 feet into the more restricted district. (See illustrative sketch.[1])
[1]
Editor's Note: The sketch is included at the end of this article.
D.
Shoreline and Harborfront District boundaries.
(1)
The Shoreline Districts include land between the mean high tide line and a line 300 feet upland of the mean high tide line ("the three-hundred-foot area"). (See illustrative sketch.) For the purposes of the Marblehead Zoning Bylaw, the mean high tide line shall be the shoreline depicted on the Town of Marblehead Assessors Maps.
[Amended 5-6-1996 ATM by Art. 31]
(2)
In determining the upland boundaries of the Shoreline Districts, measurements from the line of mean high tide shall be made perpendicular to the line of mean high tide and on the horizontal, not along the contour of the ground. In the event of conflicting measurements due to bends in the shoreline, that measurement which maximizes the size of the Shoreline Districts shall prevail.
(3)
The Shoreline Districts and the Harborfront District shall also include the adjoining intertidal zones (areas between mean high tide and mean low tide) and adjoining areas seaward of mean low tide (commonwealth waters and the waters of Marblehead).
(4)
The Shoreline Districts shall also include all air space above the areas described above. The Harborfront District shall also include all air space above that district as presently constituted. Boundary lines of the Shoreline Districts and the Harborfront District shall extend vertically from their surface locations to establish the boundaries of such air space.
(5)
In any shoreline district the side yard setback requirement shall be applied to the property line(s) that is most perpendicular to the direction of the shoreline.
[Amended 5-4-2009 ATM by Art. 39]
 Boundary Dividing Lot Note: The above sketch is illustrative only. This diagram applies to use only, not dimensions. |
 Shoreline and Harborfront District Boundaries § 200-9D Note: The above sketch is illustrative only. |