This zoning ordinance is adopted in accordance with the provisions of the Massachusetts General Laws, Chapter 40A and any and all amendments thereto. This ordinance shall be known and may be cited as "The Zoning Ordinance of the City of Peabody, Mass."

The purposes of this ordinance include, but are not limited to, the following: to lessen congestion in the streets; to conserve health; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to protect the integrity of neighborhoods; to encourage housing for persons of all income levels; to facilitate the adequate provision of transportation, water, water supply, drainage, sewerage, schools, parks, open space and other public requirements; to conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment; to encourage the most appropriate use of land throughout the city, including consideration of the recommendations of the comprehensive plan, if any, adopted by the planning board and the comprehensive plan, if any, of the Metropolitan Area Planning Council; and to preserve and increase amenities in the City of Peabody.

Regulations adopted pursuant to these purposes may include, but are not limited to, restricting, prohibiting, permitting or regulating the use, alteration, height, area and location of buildings and structures and the use of premises in the City of Peabody.

Cross reference— Fees, Code § 2-236.

For these purposes, the erection, repair, alteration, reconstruction, height, number of stories, and size of buildings and structures, size and width of lots, percentage of lot area that may be occupied, size of yards, courts and other open spaces, density of population and location and use of buildings, structures and land in the City of Peabody as regulated as hereinafter provided.

All buildings and structures hereinafter erected, reconstructed, altered, enlarged or moved, and the use of all premises in the City of Peabody shall be in conformity with the provisions of this ordinance. No building, structure or land shall be used for any purpose or in any manner other than is expressly permitted within the district in which such building, structure or land is located. Any use not specifically or generically enumerated in a district herein shall be deemed prohibited.

1.5.1 Any existing nonconforming use of a structure or use of a structure and land in combination may be changed or extended, and, any existing nonconforming structure may be altered or extended provided that the special permit granting authority determines, after a public hearing, by the grant of a special permit that such change, extension or alteration:

(a)

Is to a use or structure which existed or began with all appropriate permits or a building permit issued before the first publication of notice of a public hearing on this ordinance or any amendments thereto and is therefore lawful;

(b)

For situations involving use of a structure or the use of a structure and land in combination:

(1)

Includes adequate provision for off street parking;

(2)

Complies with the provisions of section 6.2 of this ordinance.

(c)

Is similar in:

(1)

Character;

(2)

Intensity of use;

(3)

Size (structure only);

(4)

Effect on adjacent property;

(5)

Effect on public hearing, morals or safety.

As to be not substantially more detrimental to the neighborhood, than the existing nonconforming use or structure or both.

Provided that in permitting such a change, alteration or extension, the special permit granting authority may require appropriate conditions, on time or use. Violation of such conditions as are made a part of the terms under which the special permit is granted shall be deemed a violation of this ordinance.

Provided further that any alteration or extension of a nonconforming structure shall not further violate the dimensional requirements of the existing ordinance or any amendment thereto.

Provided further that no special permit shall be required for the alteration, reconstruction, extension or structural change to a legally existing nonconforming single- or two-family residential dwelling when said alteration, reconstruction, extension or structural change does not increase the nonconforming nature of the dwelling. The Building Commissioner shall determine if the proposed alteration does not increase the nonconforming nature of the dwelling or if the proposed alteration or extension requires approval by the Zoning Board of Appeals only.

However, no special permit shall be granted for the purposes of increasing the number of residential units in a structure that is entirely residential with three (3) or more residential dwellings.

However, no special permit shall be granted for the purposes of increasing the number of residential units in a structure that is entirely residential when the increase will result in the expansion of the extension envelope of the building.

(Ord. of 5-14-92, § 1; Ord. of 12-08-16)

1.5.2 Each application to the special permit granting authority for a special permit involving a use of a structure or the use of a structure and land in combination under the provision of this section shall be accompanied by a site plan as described in section 6.2 of this ordinance.

1.5.3 The application for a special permit under this section and the costs of advertising related thereto and any other fees required by this ordinance shall be the responsibility of the applicant.

1.5.4 A structure or use of a structure and land in combination which does not conform to the regulations of the district in which it is situated, but, because it existed lawfully before this ordinance was adopted, may be rebuilt if damaged or destroyed, provided that a building permit is obtained within six (6) months of the damage or destruction and the rebuilding is completed within one (1) year of the damage or destruction unless extenuating circumstances exist in which case the special permit granting authority may grant an extension of up to two (2) years to complete the rebuilding.

1.5.5 Any structure, or structure and land in combination, in or on which a nonconforming use is changed to a permitted use, shall thereafter conform to the use regulations for the district in which such structure is located and the nonconforming use may not thereafter be resumed.

1.5.6 A nonconforming use of a structure or structure and land in combination may not be resumed after it has been abandoned for a period of two (2) years.

(Ord. of 9-8-83, § 1(1.5))

1.5.7 Expansion or upgrading of nonconforming mobile home parks that existed prior to the adoption of this ordinance would be allowed through the grant of a special permit provided that such expansion or upgrading is within the existing bounds of the mobile home park and provided that such expansion or upgrading meets the requirements of the MH district.

(Ord. of 10-11-84, § 1)

In accordance with Massachusetts General Laws, Chapter 40A, and notwithstanding any provisions to the contrary, this ordinance shall not prohibit, regulate or restrict the use of land or structures for religious purposes or for educational purposes on land owned or leased by the Commonwealth, or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination or by a nonprofit educational corporation; provided however, that such land or structure may be subject to reasonable regulations concerning the bulk and height of structures, yard size, lot area, open space, parking and building coverage requirements in accordance with the provisions of this ordinance.

This ordinance shall not prohibit, unreasonably regulate or require a special permit for the use of land for the primary purpose of agriculture, horticulture or floriculture and shall not prohibit or unreasonably regulate the expansion or reconstruction of existing structures thereon for the primary purpose of agriculture, horticulture or floriculture except that all such activities may be limited to parcels of more than five (5) acres which are not zoned for agriculture, horticulture or floriculture.

In accordance with Massachusetts General Laws, Chapter 40A, Section 3, this ordinance shall not prohibit licensed day care centers or licensed family day care homes as defined in section 2 of this ordinance.

1.7.1 In any district no use will be permitted which will produce a nuisance or hazard from fire or explosion, toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, harmful radioactivity, offensive noise or vibration, flashes, objectionable effluent or electrical interference which may affect or impair the normal use and peaceful enjoyment of any property, structure or dwelling in the city.

(Amended 1-24-2013; Amended 6-2202017)