Peabody City Zoning Code

Stated local purpose for flood resistant standards. The purpose of the floodplain overlay district and wetlands conservancy districts are:

A.

Ensure public safety through reducing the threats to life and personal injury;

B.

Eliminate new hazards to emergency response officials;

C.

Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;

D.

Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the and impact regions of the community beyond the site of flooding;

E.

Eliminate costs associated with the response and cleanup of flooding conditions;

F.

Reduce damage to public and private property resulting from flooding waters;

G.

To provide that lands subject to seasonal or periodic flooding, as described in this ordinance, shall not be used for residence or for other purposes when such use will endanger the health or safety of the occupants thereof or of the public generally;

H.

To minimize future flood damage by providing for protection and retention of existing water courses, water bodies and wetlands;

I.

To protect, preserve and maintain the water table and water recharge areas so as to preserve present and potential water supplies for the public health and safety; and

J.

To protect the community from unreasonable danger of pollution to its waterways by the detrimental use and development of lands adjoining these waterways.

(Ord. No. Z1-25, § 2, 6-26-2025)

Land falling within the flood overlay district and/or the wetlands conservancy district may be used to meet the lot area requirements for the district in which the remainder of the lot is located.

(Ord. No. Z1-25, § 2, 6-26-2025)

For the purpose of this section 8, the following definitions shall apply:

Development means any man-made change to improved or unimproved real estate, including but not limited to building or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. [US Code of Federal Regulations, Title 44, Part 59]

Floodway is the channel of the river, creek or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. [Base Code, Chapter 2, Section 202]

Functionally dependent use means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, but does not include long-term storage or related manufacturing facilities. [US Code of Federal Regulations, Title 44, Part 59] Also [Referenced Standard ASCE 24-14]

Highest adjacent grade means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. [US Code of Federal Regulations, Title 44, Part 59]

Historic structure means any structure that is:

(a)

Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

(b)

Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

(c)

Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

(d)

Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either:

i.

By an approved state program as determined by the Secretary of the Interior or

ii.

Directly by the Secretary of the Interior in states without approved programs. [US Code of Federal Regulations, Title 44, Part 59]

New construction. Structures for which the start of construction commenced on or after the effective date of the first floodplain management code, regulation, ordinance, or standard adopted by the authority having jurisdiction, including any subsequent improvements to such structures. New construction includes work determined to be substantial improvement. [Referenced Standard ASCE 24-14]

Recreational vehicle means a vehicle which is:

(a)

Built on a single chassis;

(b)

400 square feet or less when measured at the largest horizontal projection;

(c)

Designed to be self-propelled or permanently towable by a light duty truck; and

(d)

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. [US Code of Federal Regulations, Title 44, Part 59]

Regulatory floodway see Floodway.

Special flood hazard area is the land area subject to flood hazards and shown on a flood insurance rate map or other flood hazard map as Zone A, AE, A1-30, A99, AR, AO, AH, V, VO, VE or V1-30. [Base Code, Chapter 2, Section 202]

Start of construction means the date of issuance for new construction and substantial improvements to existing structures, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement or other improvement is within 180 days after the date of issuance. The actual start of construction means the first placement of permanent construction of a building (including a manufactured home) on a site, such as the pouring of a slab or footings, installation of pilings or construction of columns.

Permanent construction does not include land preparation (such as clearing, excavation, grading or filling), the installation of streets or walkways, excavation for a basement, footings, piers or foundations, the erection of temporary forms or the installation of accessory buildings such as garages or sheds not occupied as dwelling units or not part of the main building. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor or other structural part of a building, whether or not that alteration affects the external dimensions of the building. [Base Code, Chapter 2, Section 202]

Structure means, for floodplain management purposes, a walled and roofed building, including a gas or liquid storage tank, that is principally above ground, as well as a manufactured home. [US Code of Federal Regulations, Title 44, Part 59]

Substantial repair of a foundation. When work to repair or replace a foundation results in the repair or replacement of a portion of the foundation with a perimeter along the base of the foundation that equals or exceeds 50 percent of the perimeter of the base of the foundation measured in linear feet, or repair or replacement of 50 percent of the piles, columns or piers of a pile, column or pier supported foundation, the building official shall determine it to be substantial repair of a foundation. Applications determined by the building official to constitute substantial repair of a foundation shall require all existing portions of the entire building or structure to meet the requirements of 780 CMR. [As amended by MA in 9th Edition BC]

Variance means a grant of relief by the city from the terms of a flood plain management regulation. [US Code of Federal Regulations, Title 44, Part 59]

Violation means the failure of a structure or other development to be fully compliant with the community's flood plain management regulations. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in section 60.3 is presumed to be in violation until such time as that documentation is provided. [US Code of Federal Regulations, Title 44, Part 59]

(Amended 8-23-2012; Ord. No. Z1-25, § 2, 6-26-2025)

A.

The floodplain district is herein established as an overlay district. The district includes all special flood hazard areas within Peabody designated as Zone A, AE, AH, AO, A99, V, or VE on the Essex County Flood Insurance Rate Map (FIRM) dated July 8, 2025, issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The exact boundaries of the district shall be defined by the one percent chance base flood elevations shown on the FIRM and further defined by the Essex County Flood Insurance Study (FIS) report dated July 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the city clerk, planning board, building department, and conservation commission.

B.

Floodway encroachment. In Zones A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the town's/city's FIRM or flood boundary and floodway map (choose map which delineates floodways for your community) encroachments are prohibited, including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

C.

Within A Zones, in the absence of FEMA BFE data and floodway data, the applicant shall obtain, utilizing base flood elevation and floodway data available from a federal, state, or other source, and it shall be reviewed by the building inspector for requiring new construction, substantial improvements, or other development in Zone A and as the basis for elevating residential structures to or above base flood level, for floodproofing or elevating non-residential structures to or above base flood level, and for prohibiting encroachments in floodways.

D.

The City of Peabody hereby designates the position of building inspector to be the official floodplain administrator.

E.

Permits are required for all proposed developments in the floodplain overlay district. The city requires a permit for all proposed construction or other non-structural activities in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties.

The City of Peabody's permit review process includes the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development, including structural and non-structural activities in the floodplain overlay district. The proponent must demonstrate that all necessary permits have been acquired whether permitted by right or by special permit within section 4.2 in the portions of districts so overlays must be in compliance with chapter 131, section 40 of the Massachusetts General Laws and with the following:

(a)

Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high hazard areas;

(b)

Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

(c)

Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);

(d)

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);

Any variances from the provisions and requirements of the above-mentioned state regulations may only be granted in accordance with the required variance procedures of these state regulations.

F.

Subdivision proposals. All subdivision proposals and development proposals in the floodplain overlay district shall be reviewed to assure that:

(a)

Such proposals minimize flood damage

(b)

Public utilities and facilities are located & constructed so as to minimize or eliminate flood damage

(c)

Adequate drainage is provided to reduce exposure to flood hazards

(d)

When proposing subdivisions or other developments greater than 50 lots or 5 acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

G.

In the floodway, designated on the flood insurance rate map, the following shall apply:

(a)

All encroachments, including fill, new construction, substantial improvements to existing structures, and other development are prohibited.

H.

In A, A1-30, AH, AO, AE Zones, V1-30, VE, and V Zones, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

I.

In a riverine situation, the building inspector shall notify the following of any alteration or relocation of a watercourse:

•

Adjacent Communities, especially upstream and downstream

•

NFIP State Coordinator
Massachusetts Department of Conservation and Recreation

•

NFIP Program Specialist
Federal Emergency Management Agency, Region I

If the City acquires data that changes the base flood elevation in the FEMA mapped Special Flood Hazard Areas, the City will, within 6 months, notify FEMA of these changes by submitting the technical or scientific data that supports the change(s.) Notification shall be submitted to:

•

NFIP State Coordinator
Massachusetts Department of Conservation and Recreation

•

NFIP Program Specialist
Federal Emergency Management Agency, Region I

(Ord. No. Z1-25, § 2, 6-26-2025)

A.

The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided they are permitted in the underlying district, and they do not require structures, fill, or storage of materials or equipment:

(a)

Agricultural uses such as farming, grazing, truck farming, horticulture, etc.

(b)

Forestry and nursery uses

(c)

Outdoor recreational uses, including fishing, boating, play areas, etc.

(d)

Conservation of water, plants, wildlife

(e)

Wildlife management areas, foot, bicycle, and/or horse paths

(f)

Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises

(g)

Buildings lawfully existing prior to the adoption of these provisions

B.

If the State issues variances to the flood-resistant standards as found in the state building code, the City will use this text for local adoption:

(a)

The City will request from the State Building Code Appeals Board a written and/or audible copy of the portion of the hearing related to the variance and will maintain this record in the community's files.

(b)

The City shall also issue a letter to the property owner regarding potential impacts to the annual premiums for the flood insurance policy covering that property, in writing over the signature of a community official that:

(i)

the issuance of a variance to construct a structure below the base flood level will result in increased premium rates for flood insurance up to amounts as high as $25 for $100 of insurance coverage; and

(ii)

such construction below the base flood level increases risks to life and property.

(c)

Such notification shall be maintained with the record of all variance actions for the referenced development in the floodplain overlay district.

C.

Variances to this Ordinance related to community compliance with the National Flood Insurance Program (NFIP) must meet the requirements set out by State law, and may only be granted if:

(a)

Good and sufficient cause and exceptional non-financial hardship exist;

(b)

the variance will not result in additional threats to public safety, extraordinary public expense, or fraud or victimization of the public; and

(c)

the variance is the minimum action necessary to afford relief.

The floodplain management regulations found in this Floodplain Overlay District section shall take precedence over any less restrictive conflicting local laws, ordinances or codes.

(Ord. No. Z1-25, § 2, 6-26-2025)

The degree of flood protection required by this Ordinance is considered reasonable but does not imply total flood protection.

(Ord. No. Z1-25, § 2, 6-26-2025)

If any section, provision or portion of this Ordinance is deemed to be unconstitutional or invalid by a court, the remainder of the Ordinance shall be effective.

(Ord. No. Z1-25, § 2, 6-26-2025)

A.

The wetlands conservancy district is hereby established as an overlay district, which is separate from the flood boundary district. For the purpose of the ordinance, the wetlands conservancy district shall be defined as including all lands generally shown on the accompanying zoning maps as referred to in section 3.2. The wetlands conservancy district includes all lands generally shown on the accompanying zoning maps, as referred to in Section 3.2 more particularly, the "City of Peabody, Mass. Wetlands Conservancy Map, 1" = 800"'. These lands, adjacent to the City's important waterways, namely Ipswich River, Norris Brook, Proctor's Brook, Goldthwaite Brook, Tapley Brook and Strongwater Brook are subject to seasonal, periodic, or continuing flooding. The boundaries of the district are specifically described as all lands below the elevations shown on the following table, and in addition, any area within thirty (30) feet, measured horizontally, of the following waterways:

•

Location (Elevation*)

Ipswich River

•

Entire length in Peabody from Peabody-Danvers boundary upstream to Peabody-Middleton boundary (50.0-52.0)

Norris Brook

•

Ipswich River to Russell Street (50.0)

•

Russell Street to Lowell Street (53.5)

•

Lowell Street to Mill Pond Dam (54.0)

•

Mill Pond (58.5)

•

Elginwood Pond (59.0)

•

Crystal Lake (59.5)

•

Upstream of Elginwood Pond from Crystal Drive to Pine Street (61.0)

•

Upstream of Pine Street (63.0)

•

Devil's Dishful Pond (88.5)

•

Winona Reservoir (105.0)

•

Suntaug Lake (121.5)

Proctor's Brook

•

Upstream of dam between Crowninshield Street and Endicott Street (35.0)

•

Endicott Street to culvert under the railroad right of way behind Municipal Light Plant on Warren Street Extension (35.5-40.0)

•

Culvert under the railroad right of way behind Municipal Light Plant to culvert under the railroad right of way nearest Karelitz Road (40.5-43.5)

•

Culvert under the railroad right of way nearest Karelitz Road to Garden Road (44.0-47.0)

•

Upstream of twin 66-inch culverts adjacent to Proctor's Circle (49.0)

•

Downing Road to Nancy Road (59.5-62.0)

•

Nancy Road to Albert Road (63.0-64.0)

•

Albert Road to Peabody Road (65.0-66.0)

•

Peabody Road to US Route I-95 (66.5)

•

Upstream culvert under US Route 1 (66.0)

•

Upstream of first railroad culvert above US Route 1 (66.6)

•

Upstream of culvert under Pine Street (72.9)

Unnamed Brook

•

Upstream of Esquire Drive (55.0)

Goldthwaite Brook

•

Flume Pond (37.3)

•

Upstream of culvert under the railroad right of way above Flume Pond (45.0)

•

Upstream of culvert under the railroad right of way nearest Summit Street (48.0)

•

Upstream of Summit Street (64.0)

•

Upstream of Corwin Street (80.0)

•

Above Craigs Pond (88.0)

•

Upstream of First Avenue (97.5)

•

Upstream of spillway above First Avenue (99.0)

Tapley Brook

•

Upstream of Washington Street (40.0)

•

Sidney's Pond (52.0)

•

Upstream of Cedar Grove Avenue (54.0)

•

Lower Spring Road (64.0)

•

Upper Spring Road (69.0)

•

Brown's Pond (78.0)

•

Bartholomew Pond (98.0)

Strongwater Brook

•

Upstream of Clement Avenue (37.5)

•

Meadow Pond (39.0)

*

Elevations in feet above mean sea level (USGS) datum. When two (2) elevations are given, the lower elevation applies to the downstream end of the designated area while the higher elevation applies to the upstream end. The specific elevation for any land is determined by interpolation between the elevation figures shown on the basis of its relative distance in feet from the upstream and downstream ends.

B.

Except as provided in paragraph "C" below, the following shall be prohibited within the wetlands conservancy district:

(a)

New buildings or structures, excepting herefrom the area upstream of the culvert under US Route 1 to the culvert under Pine Street;

(b)

Filling, dumping, excavation, removal or transfer of any earth material which will restrict or increase flood water flow or reduce the flood water storage capacity;

(c)

Dumping of trash, rubbish or other waste materials;

(d)

Storage of any material or equipment which is toxic or floatable.

C.

Subject to the approval of the conservation commission, the following uses shall be permitted in a wetland conservancy district:

(a)

Land used for conservation of water, plants, and wildlife;

(b)

Recreation, including play areas, wildlife preserves, golf, boating, fishing, and hunting where otherwise legally permitted;

(c)

Grazing, farming, forestry and nurseries;

(d)

Proper operation and maintenance of dams and other water control structures, including temporary alteration of the water level for emergency purposes;

(e)

Any building existing may be repaired, rebuilt, modified or flood-proofed in a manner which would not increase ground coverage.

(Ord. No. Z1-25, § 2, 6-26-2025)

In the event that there is a conflict between the use regulations contained in sections 8.4 through 8.8 and section 8.9, the most restrictive regulation shall prevail and control.

(Ord. No. Z1-25, § 2, 6-26-2025)