6.1.1 Each application to the special permit granting authority for a special permit for a particular use in a specific district as enumerated in subsection 4.2 Schedule of Use Regulations shall be accompanied by a site plan as described in section 6.2 Site Plan Requirements herein.

6.1.2 No special permit shall be granted unless it is the judgment of the city council that the use for which the permit is sought will satisfy a desirable local need, that its design and appearance will not be injurious to the established or future character of the vicinity and the neighborhood and that it shall be in harmony with the general purpose and intent of this ordinance.

6.1.3 For certain designated special permit uses there shall be compliance with the requirements and standards enumerated herein. All pertinent regulations related to special permit uses and contained elsewhere in this ordinance shall govern unless expressly contradicted by the requirements and standards for the designated uses set forth below.

6.1.4 Prior to granting a special permit, satisfactory provision and arrangement shall be made concerning the following where applicable:

A.

Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe within the site and in relation to adjoining streets, properties or improvements;

B.

Provisions for off-street loading and unloading of vehicles incidental to the service of the buildings and related uses on the site;

C.

Possible noise, glare and odor effects of the use on adjoining properties and properties generally in the district;

D.

Utilities, with reference to location, availability, and compatibility;

E.

Screening and buffering with reference to type, dimensions and character;

F.

Required yards, landscaping, and other open spaces;

G.

Proximity to municipal facilities;

H.

Projection of adjoining premises and the surrounding neighborhood from the proposed use of the site;

I.

Adequacy of the construction and proposed maintenance of disposal facilities for sewage, refuse, and other waste and of the methods for drainage of surface water; and

J.

Adequacy of all other municipal facilities relative to fire and police protection.

6.2.1 A site plan shall be prepared by a registered architect, registered engineer or registered land surveyor at a scale of not less than 40 feet to an inch and shall include as necessary or applicable for each special permit use the following:

A.

The extent of the site with all lot lines identified by metes and bounds;

B.

Names of owners and abutters as shown on most recent real estate tax list;

C.

Sizes and locations of existing and proposed structures and any adjacent structures within 50 feet of the site and including proposed structures and any adjacent structures within 50 feet of the site and including proposed type of construction and proposed building materials;

D.

Existing and proposed contours at two-foot intervals;

E.

Number and location of proposed parking spaces;

F.

Sizes and locations of water, sewerage and drainage systems;

G.

Driveways and vehicular circulation providing access to and egress from the site;

H.

Walks and recreation, open space and conservation areas;

I.

Land uses, both existing and proposed;

J.

Landscaping and site development details including walls, fences, outdoor lighting and ground surface materials;

K.

Bounding streets and any unused or unique natural features of public areas in the immediate vicinity; and

L.

If an applicant or predecessor in title has previously filed a site plan with the permit granting authority regarding the subject parcel of land and/or building and use, no additional site plan shall be filed in the event the application refers only to a change in use.

6.3.1 Definition. Single detached one-family dwellings may be constructed on certain lots in a cluster development in the following zones: R-1, R-1A, R-1B, R-2, R-3, and R-4 as hereinafter defined and limited, although such lots have less area or frontage, or both, than normally required. For this purpose, a cluster development is a division of not less than five acres of land into lots used, or available for use as building sites, where said lots are clustered together and where there is provision of open space in common or public ownership. The city council shall be the special permit granting authority for the cluster permit.

6.3.2 Purpose. The purposes of this provision of the ordinance allowing cluster developments are as follows:

A.

To promote efficient subdivision of land, in harmony with its natural features and with minimal excavation and earth removal activities.

B.

To preserve in their unaltered state unique or unusual natural features of the land to be developed especially where such features are not afforded protection under some other local, state or federal regulation or private deed restriction. Such natural features include but are not limited to: Scenic vistas and scenic road views; woodlands and site vegetation, especially where such natural vegetative cover serves to buffer new developments from established neighborhoods; slopes over 15% and rock outcroppings; natural drainageways, stream banks, wetlands, and floodplains; aquifer recharge areas for public or private water supplies; wildlife habitat and vegetation, especially of rare or endangered species.

C.

To provide suitable open space and facilities for active or passive recreation.

D.

To provide open space as a buffer, where desirable and appropriate, between new developments and established neighboring uses.

E.

To promote affordable housing in the city.

6.3.3 Minimum requirements. Such a cluster development containing lots with less than the minimum area or frontage or both may be permitted provided that:

A.

Maximum number of lots in a cluster development shall be determined by taking total land area of the subdivision, exclusive of existing and proposed roads and other land areas not available to the developer for building because of local, state, or federal regulations or private deed restrictions, and dividing by the minimum lot size of the underlying zoning district.

B.

Every individual lot shall have frontage of at least one-half of the frontage required in the district or 50 feet, whichever is greater, measured as hereinafter provided, except that any lot abutting an existing or proposed major or through secondary street (as defined in the planning board's subdivision regulations or indicated on said board's future street system plan) shall have frontage on such street no less than the amount normally required in the district.

C.

Except as provided in section 6.3.3.D and section 6.3.3.E of this ordinance, the special permit granting authority shall have the right to waive up to 50% of the minimum requirements in the district for setbacks, side yards and rear yards upon review of the locations of each dwelling and accessory building on a cluster lot.

D.

Special provisions for cluster lots abutting other property:

1.

Purpose. The intent of the provision, below, is to provide for a minimum width of vegetated, unoccupied area, left in its natural state, between the periphery of a residential cluster and adjacent land uses. The purpose of this provision is to benefit both the cluster and noncluster landowners and land uses.

2.

Provision. Individual lots in the cluster development which abut property that is not part of the cluster shall have as their setback dimension of their abutting yard(s) the same as that required in the district underlying the cluster development. If there is undeveloped intervening common land or public open space between said yard and the abutting property this area may be included in the required dimensional setback for the subject cluster. However, in no case can the sum of the lot setback and the width of the buffer, be less than that required for the district underlying the cluster, or thirty-five (35) feet, whichever is more.

E.

Every individual lot in the cluster development shall have an area of at least two-thirds of the minimum area per dwelling unit required in the district, or 6,600 square feet (whichever is larger), the balance, if any remaining in common land. The special permit granting authority shall have the right to further waive minimum lot area requirements up to one-half of the minimum required in the district provided that all the following apply:

1.

Such waivers result in a more efficient lot layout which affords protection of more natural features of the site or otherwise directly furthers the achievement of the purposes (Section 6.3.2) of this ordinance. When such a waiver is granted, a specific finding has to be made in the written decision of the special permit granting authority describing how such waiver complies with this provision of the ordinance; and

2.

Such a waiver shall not increase the number of lots allowed in the cluster beyond the number allowed under section 6.3.3.A of this ordinance; and

3.

No lots smaller than 6,000 square feet are created by means of such a waiver.

F.

The total area of common land within the development equals or exceeds the sum of the areas by which any individual lots are reduced below the minimum lot area normally required in the district. The total area of common land may usually range from 20% to 50% of total land area within the development, exclusive of areas not available for development per section 6.3.3.A.

G.

All common land hereunder shall be held in common ownership by the owners of lots within the development. In the case of ownership by a separate legal entity, the developer shall include in the deed to the owners beneficial rights in said common land. Maintenance shall be the responsibility of the owners. A permanent conservation easement shall be conveyed to the City of Peabody prohibiting development of said common land and the erection thereof any structures other than for the noncommercial, recreational use of the residents of the cluster development. All common or public open space land shall have adequate access to a public way.

6.3.4 Review criteria: In reviewing the application for a special permit for a cluster development, the special permit granting authority shall consider the following in its decision.

A.

The extent to which the plan for the cluster development is consistent with the purposes of this section of the ordinance.

B.

The extent to which unique or environmentally important features of the development site, especially those not afforded protection under some other local, state or federal regulation as set forth in section 6.3.2.B of this ordinance, have been adequately described in the site plan submitted with the special permit application and have been incorporated, to the maximum extent feasible, as permanent open space of the cluster.

C.

Individual lots, buildings, and streets are designed and situated to minimize alteration of the natural site features and the need for excavation, cut and fill, or other types of earth moving operations.

D.

That the location and quantity of any portion of the common land intended for active or passive recreational uses, as those uses may be set forth by the special permit granting authority, is adequate in terms of size, topography, drainage, public access, quality and other pertinent site characteristics.

E.

The need for preservation of open space for scenic value shall be determined by the special permit granting authority based on its knowledge of the site of the proposed cluster development and comments received by the authority during the plan review and public hearing process. The special permit granting authority may impose restrictive covenants protecting such scenic areas or allowing access to such areas. The suitability of common land intended for scenic value shall be determined by the following criteria:

1.

Its visibility from a significant number of buildings or length of private or public streets; or

2.

The vistas such common land affords of significant or unusual:

a.

Landforms;

b.

Cityscapes;

c.

Historical sites; or

d.

Buildings.

F.

The need for provisions of common land to act as an open space buffer, insulating existing developments from the cluster development, shall be determined by the special permit granting authority based on the purposes of this ordinance and upon its knowledge of the site and comments received during the plan review and public hearing process. The suitability of common land intended for such buffers shall be determined by the special permit granting authority based on its consideration of a variety of factors, including:

1.

The viewing distance and slope between the new buildings of the proposed cluster and the existing buildings of abutting properties; and

2.

The width and quality of intervening buffer land; and

3.

The height of post development trees, shrubs, fences or other man-made screens all as proposed by the developer or as may be required by the special permit granting authority.

6.3.5 Application requirements. Applications for special permits for clusters shall include, in addition to all the data listed as (a) through (1) and information required under section 6.2 Site Plan requirements, the following:

A.

Wetland areas;

B.

Lands included in the wetlands/floodplain conservancy district as defined in section 8 of this ordinance;

C.

Wooded areas;

D.

Slopes over 15%, shaded;

E.

Rock outcroppings of a size that would require blasting;

F.

A brief description of wildlife habitat and vegetative cover on the site;

G.

Presence of any historical or archeological sites, endangered flora or fauna;

H.

Standard subdivision layout of lots, roadways, and utility easements of the proposed development site at a level of detail comparable to that required for a preliminary plan filing under Section III B of the Rules and Regulations of the Peabody Planning Board. In addition, proposed grading plans, including "cuts and fills" shall be provided.

1.

Open space calculations. Detailed calculations of the area by which each individual lot has been reduced and the sum total of these areas as well as the sum total of all common land or public open space areas provided shall be submitted as a part of a plan.

2.

Purpose. The purpose of the submittal of the standard subdivision layout is to allow the special permit granting authority the opportunity to compare and contrast the advantages of the design of the two (2) plans.

I.

The plans and information that are submitted by the applicant under Section III B of the Rules and Regulations of the Peabody Planning Board may also serve to satisfy the plan requirements of sections 6.2 and 6.3.5 of this ordinance provided all data and information required under said subsections of the zoning ordinance are also submitted as part of said definitive plan submission.

J.

Both a definitive subdivision plan and a special permit must be approved before a cluster development can be built.

6.3.6 Permit, authorization. A special permit for a cluster development issued hereunder by the special permit granting authority is an authorization for the use of lots which have less than the normal minimum area or frontage or both.

6.4.1 The site shall not have more than a maximum average of four dwelling units per acre, nor more than eight bedrooms per acre. No building within the site shall be constructed within fifty (50) feet of a property line of an existing residence district.

6.4.2 Television, radio and communications services shall be supplied by a central system with underground connections.

6.4.3 All utilities shall be installed underground using standards promulgated by the planning, health, building and public service departments of the City of Peabody, and sewerage shall be disposed of by means of adequate connections to the municipal sewerage system.

6.4.5 Suitable recreation space with a cost of not less than $500.00 per unit shall be provided. Not less than 60% of the total land area of the site shall remain free from structures, parking and drives, and such area shall be left either in its natural state, attractively landscaped, or developed for uncovered recreational facilities.

6.4.6 Provision shall be made for not less than two parking spaces per dwelling unit, one of which shall be completely enclosed, having dimensions of each space not less than ten feet in width and 20 feet in length. Detached parking garages will be permitted if located and designed so as to compliment the building design and site layout, but shall not be constructed within the setback areas.

6.4.7 The owner or owners shall be responsible for the maintenance of common areas, including, but not limited to, snow plowing within the site limits and rubbish disposal. No outside burning of rubbish or inside incineration shall be permitted.

6.4.8 All lighting shall be directed away from adjoining property.

6.5.1 Definitions. "Adult bookstores", "adult motion picture theatres", "adult paraphernalia stores", "adult video stores" and "establishment which displays live nudity for its patrons" shall have the meanings set forth in Massachusetts General Laws, Chapter 40A, Section 9A.

6.5.2 Adult bookstores, adult motion picture theatres, adult paraphernalia stores, adult video stores and establishment which displays live nudity for its patrons may be allowed by special permit granted by the SPGA in the B-R district along the southbound side of Route 1 only and not in any other zoning district provided that all general requirements of section 6.1 of the ordinance and all the specific requirements enumerated in this section are met.

6.5.3 No adult bookstores, adult motion picture theatres, adult paraphernalia stores, adult video store or establishment which displays live nudity for its patrons shall be located less than 200 feet from the property boundary lines of any lots in residential use.

6.5.4 No adult bookstores, adult motion picture theatres, adult paraphernalia store, adult video store or establishment which displays live nudity for its patrons shall be located less than 1,000 feet from any other adult bookstores, adult motion picture theatres, adult paraphernalia stores, adult video stores or adult entertainment establishments.

6.5.5 No adult bookstores, adult motion picture theatres, adult paraphernalia stores, adult video stores and establishment which displays live nudity for its patrons shall be located less than 200 feet from the property boundary lines of any establishment licensed under the provisions of Chapter 138, Section 12 of the Massachusetts General Laws.

6.5.6 If substantial use or construction of any adult bookstores, adult motion picture theatres, adult paraphernalia stores, adult video stores and establishment which displays live nudity for its patrons has not commenced within one year of the issuance of the special permit, or within one year of such time required to pursue or await an appeal if such appeal be taken, the special permit shall lapse and shall be null and void.

6.5.7 In accordance with Chapter 40A, Section 9A, any existing adult bookstores, adult motion picture theatres, adult paraphernalia stores, or adult entertainment establishments which displays live nudity for its patrons, or adult video store shall apply for such permit within 90 days following the adoption of said zoning ordinance.

6.6.1 Purposes. The designated development district and uses created herein are intended to:

A.

Encourage a regional node and cohesive community of compatible mixed uses including office, research and development and light manufacturing supported by hotels, restaurants, retail shopping, and recreational facilities within the designated development district.

B.

Establish incentives to encourage desirable land uses and coordinated land assembly for development.

C.

Reduce the number of regulations to a small set of essential standards for density, dimensions, and parking.

D.

Establish design and development guidelines to clarify city goals, assist developers, and result in coordinated signage and lighting, compatible architecture, and site work throughout the district.

E.

Establish development plan review to ensure quality and intent of proposed projects.

F.

Establish site specific performance standards to regulate impacts to the carrying capacity of the land and municipal facilities.

6.6.2 Reviewing authority. The community development authority will be responsible for development plan review and approval in the designated development district. The community development department will serve as professional staff to the authority, assisting the authority in all informal project review (including the pre-application conference) and coordination of all comments and recommendations from city agencies, including the public services department, board of health, building inspection, conservation commission, planning board, fire chief and police chief.

Development of all buildings and site improvements will be in accordance with the design and development guidelines prepared and adopted by the community development authority. The guidelines may be amended as necessary by the authority. The objectives of the design standards are to obtain consistency and quality in design, to protect and enhance values in the district, and to provide a high quality development area that will contribute positively to land values and the environmental quality of the surrounding area and the City of Peabody. It is intended that a basic design compatibility and harmony will result among the district buildings and site work.

The design and development guidelines will be used by the community development authority to set conditions for development plan approval, and as a basis for granting project approval.

Applicants can anticipate the city's concerns and comments by careful review of the guidelines prior to development plan submittals.

The building inspector will withhold a building permit for the construction, alteration or moving of any building or structure until a final development plan is approved in compliance with these district regulations. The CDA approval does not relieve the applicant of any of the provisions of MGL Chapter 143.

6.6.3 Development plan review.

A.

Pre-application conference. An applicant seeking to obtain development plan approval should request a pre-application conference with the community development department prior to submitting an application for preliminary development plan review. At the pre-application conference, the community development department will familiarize the applicant with the process for obtaining development plan approval and will explain to the applicant issues to be considered in planning the project.

At this conference, the applicant may present the community development department with basic data regarding the proposal, such as development program, map showing the important existing and man-made features in and around the site, and/or sketch plan showing the major features of the proposed development. This information will enable the applicant and the community development staff to discuss and clarify site-specific planning and process issues related to the project in an informal manner.

B.

Preliminary development plan review. A preliminary development plan may be submitted for community development authority review during the early stages of the project, prior to the submission of a final development plan. The purpose of the preliminary development plan is to elicit comments and recommendations from city agencies during the schematic design phase in which the general scope, scale, and relationship of project components are illustrated. It is strongly recommended that a preliminary development plan be filed in every case in order to incorporate agency and community concerns, and to identify major digressions from the intent of the designated development district before significant financial resources are committed by the applicant.

The preliminary development plan submittal should be prepared at a scale of not less than one inch equals 40 feet unless another scale is requested and found suitable by the planning or engineering department. Plan shall be prepared by a registered land surveyor, and a registered architect, registered professional engineer and/or registered landscape architect and should include the following general information:

1.

Name and address of applicant and person(s) responsible for preparation of drawings;

2.

Graphic scale, date, north arrow, and vertical datum;

3.

Property boundaries, rights-of-way, and easements and their uses within the lot;

4.

Abutting streets and ways, and names of all abutters;

5.

Existing and proposed topography at two-foot intervals;

6.

Existing and proposed buildings and structures on site;

7.

Existing and proposed utilities and storm drainage structures on and adjacent to the site;

8.

Existing wetlands and watercourses;

9.

Identification of any special site characteristics and noteworthy natural features such as views, existing vegetation, wetlands, topographic changes, soils, bedrock and required setbacks that are being considered in the siting and design of the building, roads, and parking areas;

10.

Summary of the development program including gross square feet of floor area, use designation of each building or part thereof, number of parking spaces, and estimated number of employees;

11.

Tabulation of area in square feet devoted to building footprint, parking and circulation areas, and open space;

12.

List of all 'parties of interest' and their addresses, certified by the city assessor.

13.

Architectural and site design documentation should illustrate the general scope, scale, and relationship of project components, including:

a.

Conceptual building footprint, location and use;

b.

Preliminary sections and elevations;

c.

Preliminary selection of building materials;

d.

Development of approximate building dimensions, areas, and volumes;

e.

Access and circulation patterns for pedestrians and vehicles;

f.

Functional relationships including entranceways, parking areas, service loading areas, and open space;

g.

Design objectives and environmental determinants;

h.

Preliminary landscaping plan, including types and numbers of plants proposed, and other site amenities.

C.

Final development plan review. A final development plan should be submitted for community development authority review during the design development phase of the project, in which the size and character of the entire project is fixed and described. The purpose of the final development plan review is to confirm that the intent of the proposed project as illustrated in the preliminary development plan is being carried out, and to confirm that the proposed project is in conformance with the intent and regulations of the designated development district.

The final development plan submittal should be prepared at a scale of not less than one inch equals 40 feet by a registered land surveyor, and a registered architect, registered professional engineer, and/or registered landscape architect and should include the general information as specified under preliminary development plan review.

Architectural and site design and documentation should establish the final scope, relationship, form, size, and appearance of the project through:

1.

Architectural plans, sections and elevations;

2.

Typical building construction details;

3.

Three-dimensional sketches;

4.

Final selection of building materials and systems;

5.

Building locations;

6.

Roadways, walkways, parking areas;

7.

Building entrances and service areas;

8.

Utilities, on-site and off-site;

9.

Fire protection systems;

10.

Storm drainage including retention areas;

11.

Site grading at two-foot intervals;

12.

Lawns and plantings, including species, number of plants, and installation size;

13.

Site lighting;

14.

Signage;

15.

Final selection of site materials, sizes, dimensions, and areas;

16.

Typical site construction details;

17.

Roadway profiles and cross sections.

D.

Procedure and time frame. To start the approval process for preliminary plan review, and for final development plan review the applicant should file eight copies of the application and accompanying documentation for the development plan review with the city clerk. The city clerk will transmit a copy of the submittal package to the planning board, community development department, board of health, department of public services, conservation commission, police department, fire department, and community development authority.

The agencies receiving copies of the development plan should submit to the community development department written recommendations on the proposed project within 15 days of filing. Failure to comment will be deemed lack of objection.

Within 35 days of the filing of the development plan, the community development department should submit to the community development authority, accompanied by the agency comments, a report discussing the feasibility of the project and its consistency with the purposes of the designated development district.

The community development authority should within 60 days of filing certify in writing to the applicant that the application is approved as submitted or approved subject to modification. Failure to take action within the said sixty-day period will be deemed to be a grant of development plan approval unless an extension is requested by the applicant and such requests approved by the authority.

Final development plan approval granted under this section will lapse within two yeas if a substantial use has not commenced or if construction has not begun. The community development authority may grant an extension for good cause, and should grant an extension if the delay has been caused on account of the need to obtain other local, state, and federal permits.

6.6.4 Permitted uses. The intent of the use designations in the district is to promote a high quality employment center in this area of Peabody. Specific objectives are to encourage executive office, research and development, and light manufacturing activities which provide jobs for the community, and to support these businesses with auxiliary uses such as hotels, restaurants, retail shopping, and recreational facilities. Some of these auxiliary uses will require a special permit as a means of ensuring the appropriate location, mix, extent and quality of development. The special permit granting authority will be the city council as per section 15.7.1 and applications reviewed according to procedures outlined in section 15.7.3.

A.

Permitted uses as allowed in section 4.2.

1.

Corporate headquarters, executive and clerical offices, banking and financial services;

2.

High or advanced technology, research and development, testing laboratories;

3.

Light manufacturing, processing and assembly;

4.

Medical facilities;

5.

Outdoor recreational facilities such as playing fields, exercise areas, jogging and walking paths;

6.

Business support services;

7.

Recycling Collection Centers; and

8.

Printing/binding/publishing.

B.

Special permit uses as allowed in section 4.2.

1.

Warehouses and distribution;

2.

Hotels;

3.

Restaurants and conference centers;

4.

Commercial retail or wholesale businesses;

5.

Private and public physical fitness and recreational facilities;

6.

Day care centers provided they are located in conforming structures in the district;

7.

Personal service establishments;

8.

Indoor recreation facilities;

9.

Reference laboratories;

10.

Research and development, green development and new technologies;

11.

Trucking Terminal;

12.

Truck Services/Repair with no Outdoor Storage; and

13.

Hospital.

C.

Use limitations.

1.

All uses shall be completely enclosed in buildings. No merchandise materials, supplies or equipment shall be permitted to remain outside any building.

2.

All uses must meet the design and development guidelines as set forth by the community development authority.

D.

Nonconformance. The regulations pertaining to nonconformance shall be the same as the amended Peabody Zoning Ordinance, section 1.5.

6.6.5 Schedule of density and dimensional regulations.

A.

For all as of right uses, and for hotels by special permit, dimensional standards shall be as follows:

B.

For all uses allowed by special permit except hotels, dimensional standards shall be as follows:

C.

All district uses except access should observe the following regulations:

6.6.6 Parking ratios. All parking shall be accommodated on-site and within designated parking areas for each building(s). No on-street parking will be allowed within the district.

The minimum number of off-street parking spaces should be two spaces per 1,000 gross square feet of floor area, and the maximum number of off-street parking spaces should be four per 1,000 gross square feet of floor area and determined specifically by individual users within the following exception:

1.

Retail business uses should provide a minimum of five spaces per 1,000 gross square feet of floor area.

2.

Restaurants and conference facilities should provide a minimum of one space for each three seats of seating capacity.

3.

Hotels should provide a minimum of one 1) parking space for each unit plus one space per five employees.

4.

Special purpose uses such as health related facilities, private recreation uses, training and conference centers, etc., as allowed in the study area would have parking requirements determined on a use-specific basis as approved by the community development authority.

5.

Warehouse uses should provide a minimum of two spaces per 1,000 gross square feet of building area allocated for office use as well as one space per every one person employed.

6.

As a minimum, the following number of handicapped parking spaces must be provided:

a.

One handicapped parking space per 10 to 25 parking spaces;

b.

Two handicapped parking spaces per 26 to 50 parking spaces;

c.

Three handicapped parking spaces per 51 to 100 parking spaces;

d.

Four handicapped parking spaces per 101 to 200 parking spaces;

e.

Six handicapped parking spaces per 201 to 500 parking spaces;

f.

Ten handicapped parking spaces per 501 to 1,000 parking spaces;

g.

Fifteen handicapped parking spaces per 1,001 or more parking spaces.

6.6.7 Peabody designated development district capital facility ordinance.

A.

Title. This ordinance shall be known and may be cited as the "Peabody Designated Development District Capital Facility Ordinance".

B.

Authority. The community has authority to adopt this ordinance through its special permit and site plan review regulations pursuant to Chapter 40A, Section 9, Massachusetts General Law. This law allows a community to grant permitted increases in density for the provision of community amenities, in this case capital facilities needed to accommodate the increased density.

C.

Intent and purpose.

1.

Planning for the necessary capacity expansion of road, electrical, water, sewer and drainage facilities serving new development in the Peabody designated development district to ensure the health, safety, welfare and economic well being of the citizens of Peabody is the mandated responsibility of the community pursuant to Chapter 40A, Massachusetts General Laws.

2.

This ordinance is intended to implement and be consistent with the Peabody Comprehensive Plan, the Route 1/Route 128 Economic Development Strategy, subsequent city planning efforts, and Chapter 40A, Massachusetts General Laws.

3.

The objective of this ordinance is to require all land development activity that places additional demand on road, electrical, water, sewer and drainage facilities serving the Peabody designated development district to contribute its proportionate share of the construction or cost of providing road, electrical, water, sewer and drainage facilities.

4.

It is not the purpose of this ordinance to require improvements or to collect any funds from new land development activity in excess of the actual amount necessary to offset the demand on the community's facilities identified below. This ordinance is intended to be consistent with the principles for allocating a fair share of the cost of the new public facilities to new users as established in Emerson College v. City of Boston, 462 NE2d 1098 (MA, 1984).

D.

Site plan review and special permit requirements.

1.

Capital facility requirements.

a.

Any person who proposes any development in the Peabody designated development district requiring site plan review or building permit plan review shall be obligated to provide the necessary road, electrical, water, sewer and drainage capital facilities in the manner and amount set forth in this section. Development proposals, which in the opinion of the CDA, do not place additional demand on the electrical, water, sewer and drainage capacities of the district shall not be required to contribute to capital improvements.

b.

The capital facilities shall be in the form of a constructed improvement as per plans prepared by the City of Peabody and inspected following established city inspection procedures and construction standards or a fee in-lieu thereof paid to the community development authority or its designee.

c.

The value of the improvement or fee in-lieu of an improvement shall be computed on the basis of the capital needs of the district as they relate to the amount of square footage being built, as determined by the community development authority and set forth below.

2.

Establishment of capital facility requirements. Any person who shall initiate any development in the Peabody designated development district requiring site plan review or a building permit plan review shall be required to undertake roadway, electrical, water, sewer and drainage improvements necessary to offset the impacts that the development will have on local facilities. These improvements will have been identified in the Peabody Comprehensive Plan, Route 1/Route 128 Economic Development Strategy or subsequent studies and will be listed in the Peabody Capital Improvement Program. The project proponent may select to construct improvements for the land development activity in-lieu of paying the established fee using the formula set out below for the district. The district boundaries are as stated in the zoning ordinance creating the Peabody Designated Development District and incorporated herein by reference.

3.

Formula for calculating capital facility fees for Peabody Designated Development District.

a.

The Peabody Community Development Authority maintains a capital facility fee schedule based upon the formula listed below:

FEE = SQ. FT. × CIP/CC
FAR/CAP

There will be two separate fee schedules. One for parcel one and another for both parcels two and three as described in the zoning ordinance creating the Peabody designated development district.

Editor's note— Such description is not set out at length herein, but is on file and available for inspection in the office of the city clerk.

4.

Management of capital facility fees. Management of all capital facility fees shall be as per the guidelines adopted by the community development authority, as approved by the city council and will be kept on file with the city clerk under the title of the "Designated Development District Capital Facility Fees Management Guidelines".

E.

Liberal construction and severability.

1.

The provisions of this ordinance shall be liberally construed to effectively carry out its purpose in the interest of the public health, safety, welfare and convenience.

2.

If any section, phrase, sentence or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed separate, distinct, and an independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance.

F.

Penalty provisions. A violation of these provisions shall be a misdemeanor punishable according to law; however, in addition to or in lieu of any criminal prosecution, Peabody shall have the power to sue in civil court to enforce these provisions.

(Amended 10-25-2012 (See original zoning amendment adopted 4-10-2003); Ord. No. Z1-24, § 1, 12-12-2024)

6.7.1 Purpose. The requirements and procedures outlined in this section are not intended to encourage the public in acquiring variances to allow for the construction of larger dwellings for the use of accessory living areas, instead, they are intended to:

A.

Assist families in Peabody to provide alternative housing options for their family members, not permanent housing, nor rental, but temporary housing to deal with family situations.

B.

Create feasible housing alternatives for elderly people or other family members looking to stay in their homes, yet receive help they need for other family members, and to encourage a diverse population with a particular focus on young adults and senior citizens.

C.

Increase the range of owner-occupied housing accommodations and encourage a more economic and energy-efficient use of the city's housing supply while preserving the character of the city's single-family neighborhoods by establishing parking, size, and family member occupancy guidelines for the use of family accessory living area.

6.7.2 Requirements. The building inspector shall issue a building permit to create an accessory living area in any detached single-family dwelling provided that each of the following conditions and requirements is met:

A.

An affidavit, sworn under penalties of perjury, with proper documentation is required to certify that the accessory living area is for a family member. Family member shall constitute brothers, sisters, parents, grandparents, grandchildren and/or adult children,

B.

Not more than one accessory living area shall be located upon a single lot.

C.

The size of the accessory living area shall not exceed the lesser of 700 square feet or 50% of the principal dwelling.

D.

Exterior/interior changes; Access. Exterior changes shall be constructed in a manner that allows for the accommodation of the accessory living area, but also is constructed in a manner that maintains the appearance of the structure as a single-family dwelling. The front door to the family dwelling must be utilized by the accessory living area, with construction of a secondary access only permitted if deemed necessary by the Building Inspector. If an additional secondary entrance is permitted for an accessory living area by the building inspector, it shall be located on the side or in the rear of the dwelling. In no event, shall access be gained to the FALA from the construction of a new front door in addition to the front door used as the primary entrance to the existing dwelling. Single family dwellings with two pre-existing front doors may allow access to the accessory living area through both doors, so long as there is also access to the accessory living area through the principal dwelling via the main front door. A second front door shall be determined to be pre-existing if it existed for a period of 18 months or greater before the time of application for the FALA. External reconstruction for the accessory living area must be architecturally consistent with the exterior of the larger dwelling. Scaled plans must show all interior room and exterior building dimensions for existing home and proposed FALA, as well as identifying by size and name all the rooms in existence and proposed, and showing conversion or alteration of the single-family residence are required. Clear photographs of the interior and exterior of the family dwelling must be submitted with the application. Common space within a FALA is defined as any space routinely used by both parties that is not exclusive to one party, such as a common hallway, utility room or a laundry room and which common space must be accessible from both the primary dwelling and the FALA. Under new construction, the common space shall only be accessed through the primary residence. No new construction will be considered common space unless approved by the building inspector. The applicant shall be the owner occupant.

E.

Parking: Owner occupied applicant for the accessory living area must certify that sufficient parking exists on the site. All parking is to be accommodated on site, except in the case where the person residing in the accessory living area does not drive or have a motor vehicle. A homeowner may add a maximum of two hundred (200) square feet of open parking area within his or her lot.

F.

Documentation of legal ownership of residence. Under no circumstances shall the FALA special permit be effective until the applicant is the legal owner of the property containing the family accessory living area. This provision would apply when the applicant presents a fully executed purchase and sale agreement with the FALA application, the applicant must be designated as the buyer on the P&S.

6.7.3 Procedure.

A.

No accessory living area shall be constructed without a building permit issued by the building inspector.

B.

A certificate of occupancy shall be issued after the building inspector determines that the accessory living area is in conformity with the approved plans, the provisions of the ordinance, and all applicable codes.

C.

Yearly certification from the owner occupied applicant that the family member still resides in the accessory living area is required every year. Once the family member leaves the accessory living area, it must be discontinued. The building inspector will inspect abandoned accessory living areas, without the need of a warrant by providing reasonable notice to the owner occupied applicant, on a yearly basis to make such [sure] they stay discontinued.

D.

As per section 15.5 of this ordinance and penalties of perjury, prosecution will be levied against a homeowner who continues to occupy an accessory living area after it has been decertified.

E.

An owner occupied applicant is responsible for recording the first certification with the registry of deeds and providing the city with copies of documentation prior to receiving an occupancy permit. Any accessory living area without proper documentation recorded and filed with the city will be subject to fines as per section 15.5 of this ordinance. This use shall expire upon terms established by the city council or upon the sale of the house whichever precedes.

F.

Amnesty period is offered to those existing accessory apartment dwelling units one year from the adoption of the family accessory living area ordinance.

G.

There will be a $75.00 fee for each yearly inspection.

6.8.1 Scope. Notwithstanding any other provision of this ordinance, the following provisions of this section 6.8 shall apply to all CCRCs and shall supersede any requirements of this ordinance which are inconsistent with them so that in the event of contradictory provisions within this ordinance concerning CCRCs, the provisions of this Section 6.9 shall be deemed to govern.

6.8.2 Multiple lots. In the event a CCRC is located on multiple lots which are contiguous to one another, the provisions of this section 6.8 shall apply to the CCRC as if such multiple lots were a single lot for all purposes of this Ordinance (so that, for example, any setback, yard depth or frontage requirement shall not apply with respect to lot lines between contiguous lots).

6.8.3 Requirements.

A.

The minimum lot area shall be twenty-five (25) acres. The definition of lot set forth in Section 2 of this ordinance shall apply to a CCRC provided, however, that a lot in a CCRC may be divided by a roadway or street and may include the limits of a private way."

B.

The maximum density shall be 15 independent living units per acre on average, and the calculation of maximum density shall not include any assisted living units, nursing home units or medical beds or any other uses that may be contained within the CCRC.

C.

The maximum height of any building within the CCRC shall be 85 feet.

D.

No structure within the CCRC shall be nearer than 50 feet to any lot line.

E.

No parking area or vehicular circulation space shall be nearer than 20 feet to any lot line.

F.

The building permit plan required by section 15.2.3 shall include the information required of a site plan pursuant to Sections 6.2.2 (A) through (L) of this ordinance.

G.

The parking space requirement for the CCRC shall be one parking space for each independent living unit contained therein. No other parking spaces shall be required as a result of other uses permitted in a CCRC.

H.

Independent living units shall include private cooking and bathroom facilities.

I.

Assisted living units shall include private bathroom facilities and common dining facility service shall be available to their occupants.

J.

At completion, the CCRC shall provide a minimum of 50 square feet of interior space per independent living unit for health/fitness, social activities of the residents, and personal service facilities for the residents. Corridors and other circulation space in buildings comprised of independent living units shall not be included in this calculation. Prior to the completion of the full development of the CCRC, the minimum amount of such interior space shall be thirty-five (35) square feet.

K.

The CCRC shall provide for its residents a comprehensive system of outdoor recreational facilities such as gardens, seating areas, path networks, and game areas.

6.9.1 Purpose of districts. This ordinance is established for the following purposes:

A.

To protect the public health, safety and welfare of the residents, institutions, and businesses of the City of Peabody, Massachusetts, from contamination of existing and future public groundwater and surface water resources;

B.

To protect, preserve and maintain the aquifers and recharge areas of existing and potential groundwater supplies within the city as sources of public water;

C.

To conserve the natural resources of the city;

D.

To prevent temporary and permanent contamination of the environment;

E.

To comply with federal and state laws including, but not limited to the Federal Water Pollution Control Act, Safe Drinking Water Act Amendments and the Massachusetts Source Approval Regulations.

6.9.2 Scope of authority. The surface and groundwater protection districts are overlay districts superimposed on the zoning districts. These overlay districts shall apply to all new construction, reconstruction, expansion of existing buildings or changes in expanded uses. Applicable activities or uses in a portion of one of the underlying zoning districts which fall within the surface and groundwater protection districts must additionally comply with the requirements of these districts. Uses that are prohibited in the underlying zoning districts shall not be permitted in the surface and groundwater protection districts.

6.9.3 Establishment and delineation of surface and groundwater protection districts. For the purposes of these districts, there are hereby established within the city, certain surface and groundwater protection areas, consisting of aquifers or recharge areas which are delineated on maps. These maps are entitled "City of Peabody Surface Water Protection District" and "City of Peabody Groundwater Protection District". These maps are hereby made a part of the city zoning ordinance and are on file in the office of the city clerk.

6.9.4 Surface and groundwater protection district boundary disputes.

A.

If the location of the boundary line of the surface or groundwater protection district in relation to a particular parcel is in doubt, resolution of boundary disputes shall be through a special permit application to the special permit granting authority (SPGA) as defined in Section 6.10.6, Procedures for issuance of special permit.

B.

The burden of proof shall be upon the owner(s) of the land in question to show where the bounds should properly be located. The owner(s) may engage a professional engineer (civil or sanitary), hydrologist, licensed site professional (LSP), geologist, hydrogeologist, or soil scientist to determine more accurately the boundaries of the district with respect to individual parcels of land. The determination of the location and extent of the districts shall be in conformance with the criteria set forth in 310 CMR 22.00 and in the DEP's Guidelines and Policies for Public Water systems.

6.9.5 Use regulations within the surface and groundwater protection districts. The following use table shows those uses which are regulated within a particular zone of the surface and groundwater protection districts. Zone I, II and III apply to the groundwater protection ordinance. The surface water protection district is governed by Zone III only. The restrictions of Zone I and II do not apply to the surface water protection district:

•

"y" denotes a use which is allowed;

•

"n" denotes a use which is prohibited;

•

"sp" denotes a use which may be allowed by special permit.

6.9.6 Procedures for issuance of special permit.

A.

The special permit granting authority (SPGA) under this ordinance shall be the city council. Such special permit shall be granted if the SPGA determines, in conjunction with the board of health, the conservation commission, department of public services, community development department, and the fire department that the intent of this ordinance, as well as its specific criteria, are met. The SPGA shall not grant a special permit under this section unless the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed, definite, and credible information to support positive findings in relation to the standards given in this section. The SPGA shall document the basis for any departures from the recommendations of the other city boards or agencies in its decision.

B.

Upon receipt of the special permit application, the SPGA shall transmit one copy to the board of health, the conservation commission, and department of public services, the community development department and the fire department for their written recommendations. The necessary number of copies of the application shall be furnished by the applicant.

C.

The SPGA may grant the required special permit only upon finding that the proposed use meets the following standards, those specified in Section 6.10 of this ordinance, and any regulations or guidelines adopted by the SPGA. The proposed use must:

1.

Utilize the best available stormwater management technologies in accordance with EPA, DEP, and other applicable laws and regulations, such that water quality impacts during construction, and thereafter, are minimized in the surface and groundwater protections districts; and

2.

Be designed to avoid substantial disturbance of the soils, topography, drainage, vegetation, and other water-related natural characteristics of the site to be developed.

D.

If the permit is denied, specific reasons shall be provided. The petitioner will be entitled to reapply for the purpose of addressing deficiencies outlined in the denial. The applicant must meet the standards set forth in this ordinance.

E.

The SPGA may adopt regulations to govern design features of projects. Such regulations shall be consistent with federal, state, and local regulations.

F.

The applicant shall file 17 copies of a site plan and attachments. The site plan shall be drawn at a proper scale as determined by the SPGA and be stamped by a licensed surveyor or registered professional engineer. All additional submittals shall be prepared by qualified professionals. The site plan and its attachments shall at a minimum include the following information where pertinent:

1.

A complete list of chemicals, pesticides, herbicides, fertilizers, fuels, and other oil or hazardous materials to be used or stored currently, or in the future, on the premises in quantities greater than those associated with normal consumptive use;

2.

For those activities using or storing such hazardous materials, a hazardous materials management plan shall be prepared and filed with the local emergency planning committee, fire chief, and board of health. The plan shall be in accordance with SARA Title III and related state regulations. The plan shall include:

a.

Provisions to protect against the discharge of hazardous materials or wastes to the environment due to spillage, accidental damage, corrosion, leakage, or vandalism, including spill containment and clean-up procedures;

b.

Provisions for indoor, secured storage of hazardous materials and wastes with impervious floor surfaces;

c.

Evidence of compliance with the Regulations of the Massachusetts Hazardous Waste Management Act 310 CMR 30.00, including obtaining an EPA identification number from the Massachusetts Department of Environmental Protection.

3.

Proposed location(s) for surface and groundwater monitoring point(s), should the SPGA deem the activity a potential surface and groundwater threat.

G.

Failure of the SPGA to act within 90 days shall be deemed as a granting of the permit. However, no work shall commence until a certification is recorded as required by MGL C. 40A, section 11. If granted, permit must meet technical requirements set forth in this ordinance.

H.

Written notice of any violations of this ordinance shall be given by the building inspector to the responsible person as soon as possible after detection of a violation or a continuing violation. Notice to the assessed owner of the property shall be deemed notice to the responsible person. Such notice shall specify the requirement or restriction violated and the nature of the violation, and may also identify the actions necessary to remove or remedy the violations and preventive measures required for avoiding future violations and a schedule of compliance. A copy of such notice shall be submitted to the department of public services, board of health, and conservation commission. The cost of containment, clean-up, or other action of compliance shall be borne by the owner and operator of the premises. For situations that require remedial action to prevent adverse impact to the water resources within the surface and groundwater protection districts, the City of Peabody, or any of its agents may order the owner or operator of the premises to remedy the violation. If said owner and/or operator does not comply with said order, the city, or any of its agents, is authorized to enter upon such premises under the terms of the special permit or otherwise, may act to remedy the violation. The remediation cost shall be the responsibility of the owner and operator of the premises.

6.9.7 Severability. A determination that any portion or provision of this overlay protection district is invalid shall not invalidate any other portion or provision thereof, nor shall it invalidate any special permit previously issued thereunder.

6.9.8 Design and operation requirements. Within the surface and groundwater protection districts, the following design and operations and maintenance requirements shall be observed:

A.

Safeguards: Provision shall be made to protect against toxic or hazardous materials discharge or loss through corrosion, accidental damage, spillage, or vandalism through such measures as provision for spill control in the vicinity of chemical or fuel delivery points, secure storage areas for toxic or hazardous materials, and indoor storage provisions for corrosive or dissolvable materials.

B.

Location: Where the premises are partially outside of the surface and groundwater protection districts, such potential pollution sources as on-site waste disposal systems shall, to the degree feasible, be located outside the boundaries of the district.

C.

Disposal: Provisions shall be made to assure that any waste disposed into the sewers shall conform with the City of Peabody's and South Essex Sewerage District's sewer use regulations.

D.

Impervious surfaces: Within the surface and groundwater protection districts all streets, sidewalks, parking areas, loading docks and exterior service areas shall be paved or surfaced with impervious materials and construction with curbing, slopes and similar design features so the water falling on such areas and on buildings on the same premises and spilled liquid substances on such areas and in adjacent buildings will be contained, controlled and directed into an approved system of drainage structures and pipes. Such drainage system shall trap for removal, all oil based pollutants and suspended sediment and materials, if not connected to a state or municipal sewer system, and shall provide for the full recharge of storm water and precipitation to the ground beneath the site by the use of leaching structures, pipes and fields. The outlet from such drainage system shall be designed to obtain the efficient operation of the leaching structures and to allow the passage of excess amounts of water so that no flooding of the site will occur. A drainage maintenance schedule shall be developed, subject to the approval of the department of public services, which provides for the semi-annual inspection and maintenance of all drainage structures and systems. The property owner shall be responsible for such drainage systems maintenance.

E.

Monitoring: Periodic monitoring may be required as a condition of approval of a special permit or site plan by the city council, including sampling of wastewater disposed to off-site systems or dry wells and sampling from groundwater monitoring wells to be located and constructed as specified in the special permit. Reports to be submitted to the city council, department of public services, and the board of health. The costs of monitoring shall be borne by the owner or operator of the premises.

6.9.9 Nonconforming uses.Nonconforming uses which were lawfully existing or lawfully begun, or in receipt of a building permit or special permit prior to the first publication of notice of public hearing of this ordinance, may be continued. Such nonconforming uses may be extended, changed, or altered, as specified in section 1.5 (Nonconformance) of this ordinance, provided that there is a finding by the city council that such extension, change, or alteration brings the property into compliance with the intent of these regulations, and does not increase the danger of surface water or groundwater pollution or adversely affect surface water or groundwater quality from such use.

A.

The overall density of the park shall not exceed 14 mobile homes per acre.

B.

A minimum of 3,000 square feet shall be required for each individual mobile home site.

C.

An additional minimum of 200 square feet per individual mobile home site shall be reserved and developed for recreational use. This may be added to the area of each site or aggregated in one or more central locations.

D.

A minimum of 20 feet shall be required between individual mobile homes, and at least ten of that 20 feet shall be landscaped to provide a visual screen.

E.

A minimum of two parking spaces shall be required for each mobile home lot. Each parking space shall be an area not less than nine feet wide by 20 feet long and hard surfaced, together with a hard surface driveway connecting such parking space with the street and permitting ingress or egress of a motor vehicle.

F.

All mobile home lots shall abut on a roadway not less than 30 feet in width, where off-road parking is provided or 40 feet where no off-road parking is provided.

G.

No mobile home or other structure associated with a mobile home park shall be located within 50 feet of any property line in a residence district, nor within 50 feet of any boundary line of a residence district.

H.

The sale of mobile homes in conjunction with the operation of a mobile home park is prohibited except for use in the same mobile home park.

I.

Limited commercial activity involving only convenience goods and service facilities for the exclusive use of the mobile home park residents is permitted, provided that no evidence of such activity is visible from the property line of the mobile home park, and that such activity does not occupy more than five percent of the area of the premises.

J.

Before any individual mobile home site is occupied said site must be completely improved, including all necessary site preparation, sanitary sewerage provisions and utility connections including street lights, water supply, and telephone and electrical connections; and including ingress and egress.

K.

There shall be strict adherence to all applicable local sanitation standards for mobile homes.

L.

No mobile home shall be installed or occupied without an occupancy permit issued by the building inspector and the units shall be in accordance with the American National Standards Institute, Standards for Mobile Homes A119.1, and shall bear the label or mark of an independent, nationally recognized safety testing and inspection agency which is properly equipped and qualified for testing and inspecting of mobile homes at the point of manufacture.

M.

Flood zones.

1.

Within zone A1—A30 of the flood boundary district a mobile home shall provide that:

a.

Stand or lot is elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; and

b.

Adequate surface drainage and access for a hauler/transporter is provided, and

c.

In the instance of elevation on pilings:

1.

The lot is of sufficient size to permit steps;

2.

Piling foundations are placed in stable soil no more than ten feet apart;

3.

Reinforcement is provided for piers more than six feet above ground level.

2.

The placement of mobile homes, except in an existing mobile home park or mobile home subdivision is prohibited in the floodway.

6.11.1 Purpose. The City of Peabody declares that the provision of a decent home and a suitable living environment for all is a community priority of the highest order; and that this priority is consistent with state, regional and national policies. The purpose of this ordinance is to enhance the public welfare through increasing the production of housing affordable to eligible households. In order to encourage utilization of the city's land in a manner consistent with local housing policies and needs, the city requires new, converted or renovated housing developments to include a proportion of housing units that shall be affordable to persons of low and moderate income. Accordingly, the provisions of this ordinance are designed to: (1) increase the supply of rental and ownership housing in the city of that is available to and affordable to low and moderate income households; (2) exceed the ten-precent affordable housing threshold established by the Commonwealth in M.G.L. Chapter 40B, Section 20; (3) encourage a greater diversity and distribution of housing to meet the needs of families and individuals of all income levels.

6.11.2 Applicability.

A.

General. The provisions of this ordinance shall apply in zoning districts R2, R3, R4, R5, BN, DDD, and BC to all residential developments that involve the creation of eight or more housing units, whether rental or ownership, and shall apply to zoning districts R1, R1A, and R1B that involve the creation of 15 or more housing units.

B.

Types of developments. This ordinance shall apply to new housing units created by: new construction; renovation or reconstruction of an existing building that increases the number of residential units from the number of units in the original structure; or conversion of an existing building or other structure

C.

Segmentation. Developments may not be segmented or phased to avoid compliance with these provisions.

6.11.3 Requirements for provision of affordable units.

A.

Number of units to be provided: All developments including a residential component which are subject to this Ordinance shall be required to set aside a minimum of 15% of the total number of dwelling units as affordable units that shall be made available for rent or sale to eligible households. Each affordable unit shall meet the standards established in section 6.12.5.

B.

Fractions: If when applying the percentage to the total number of units to determine the number of affordable units, the resulting number of affordable units includes a fraction of a unit, this fraction, if over one-half, shall be rounded up to the next whole number. If the resulting number of affordable units includes a fraction of a unit equal to or less than one-half, the fraction shall be rounded down to the next whole number.

C.

Sale, lease or rental of Affordable Units: Affordable units shall be set aside for sale or rental to eligible households and shall be restricted for occupancy by eligible households set forth in this ordinance.

D.

Relationship to the affordable housing inventory: All affordable units created to fulfill the requirements of this ordinance must qualify as "local initiative units" in compliance with the provisions of the Local Initiative Program (LIP) regulations, 760 CMR 45.00 and Local Initiative Program Guidelines, as promulgated and amended by the Commonwealth of Massachusetts Department of Housing and Community Development or other criteria as may be designated in the inclusionary zoning guidelines as approved by the city council.

E.

Relationships to other organizations: Subject to the approval of the city council and the applicable subsidizing agency, developers may elect to work with a local nonprofit housing provider, such as the Peabody Housing Authority, to distribute, maintain or operate the units in accordance with the requirements and intent of this section 6.12.

F.

Duration of affordability: Affordable units shall be subject to restrictions that to the extent legally possible shall preserve the permanent affordability (in perpetuity) of the units as defined by this ordinance, but in no case shall be fewer than 30 years. Affordable Units purchased or rented by eligible households shall be subject to a deed rider that is approved as to form by the department of community development and planning and resale prices shall be calculated in accordance with the methodology set forth in the approved deed rider.

G.

Sales prices: Initial purchase prices and resale prices of affordable ownership units shall be established so that households are not required to spend more than 30% of the income of a household earning 80% of area median income, with a ten-percent window adjustment, for annual debt service on a mortgage (at 30-year fixed-interest rates at the time of initial sale), taxes, insurance, and condominium or homeowners fees with no more than a 5 percent down payment, including any required entrance deposit.

H.

Rental costs: Payment of housing and related costs for affordable rental units shall be established so that households are not required to spend more than 30% of the income of a household earning 80% of area median income, with a ten-percent window adjustment, for monthly rent and utilities (excluding cable and telephone service). Affordable rents shall not exceed the current fair market rents set by the U.S. Department of Housing and Urban Development.

I.

Marketing plan: Affordable units must be rented or sold using marketing and selection guidelines approved by the department of community development and planning.

J.

Preference for city residents and persons employed within the Unless otherwise prohibited by a federal or state agency under a financing or other subsidy program, not less than 70% of the affordable units shall be initially offered to (a) individuals whose primary residence is in the City of Peabody, (b) to households that include an individual who attended Peabody public schools, (c) to municipal employees of Peabody employed at least 30 hours per week, and (d) to persons employed at least 30 hours per week within the City of Peabody, or in accordance with the inclusionary zoning guidelines as approved by the city council.

6.11.4 Development standards for affordable units.

A.

Location of affordable units. Affordable units shall be dispersed throughout the development so as to ensure a true mix of market-rate and affordable housing.

B.

Comparability. Affordable Units shall be comparable in size and materials to the market rate units in a development and consistent with local needs for affordable housing. Rental or ownership of affordable units shall proportionally mirror the project as a whole and affordable units should be sold if a majority of the units in a development are offered for sale.

C.

Unit size. Except as otherwise authorized by the department of community development, affordable units shall contain one or more bedrooms. The bedroom mix among the affordable units shall be proportionate to that of the development as a whole.

D.

Rights and privileges. The owners or renters of affordable units shall have all rights, privileges and responsibilities accorded to market-rate owners or renters, including access to all non-fee amenities within the development.

E.

Timeliness and penalties: Affordable units shall be built in a timely manner, with a specific phasing and construction schedule as outlined by the applicant and upheld in the approved participation agreement, with said schedule established before the issuance of the first permit from the Building Department. Phasing should be such that for every eight market rate units constructed, one affordable unit is constructed.

6.11.5 Incentives. To facilitate the objectives of this section, modifications to the dimensional or parking requirements in the applicable zoning district shall be permitted for projects subject to the requirements of this section. The modifications shall be permitted as set forth below. The following incentives are available only for projects in which the affordable units are provided on-site.

(1)

In any R2 district: The minimum area of land required per lot shall be 5,000 square feet per two-family dwelling unit.

(2)

In any R3 district: The maximum lot coverage may be increased to 30% from the currently allowed 20%. An area equal to twice the total area of the required affordable units may be exempted from the total square footage in calculations pertaining to the FAR. Twice the number of bedrooms in the affordable units may be exempted from the total number of bedrooms in calculations pertaining to land area required per bedroom.

(3)

In any R5 district: Developments may exempt twice the number of affordable dwelling units required by current zoning and an equal number of additional market rate units when calculating the maximum number of dwelling units per acre. Concurrently, developments may exempt twice the number of affordable bedrooms required by current zoning and an equal number of additional bedrooms when calculating the maximum number of bedrooms per acre.

(4)

In any R4 or BC district: The following requirements shall be substituted for the off-street parking space requirements listed in section 9.

Multifamily apartment or condominium complexes consisting of 50 units or fewer, regardless of whether said units are contained within one or more buildings or phases, shall provide a minimum of 2.0 spaces per unit inclusive of visitor parking. Multifamily apartment or condominium complexes consisting of greater than 50 units shall provide a minimum of 1.8 spaces per unit inclusive of visitor parking.

6.11.6 Alternative methods of affordability.

A.

Section 6.12 mandates that affordable units shall be provided onsite. However, in certain exceptional circumstances the city council may, at the formal written request of the applicant, consider an alternative method of compliance. In granting such authorization, the city council shall consider the location of the development, access to transportation, the type and character of the units proposed, and (if applicable) the number, quality and type of units off-site affordable units proposed. The council must find that the applicant has demonstrated that such alternate method of compliance is in the best interests of the city. To have such a request considered, the burden of proof shall be on the applicant, who must make full disclosure to the city council of all relevant information. Approval of alternate methods of compliance shall be only for the methods described below in section 6.12.6. Except as set forth below, affordable units provided through an alternate method shall comply in all other respects with the requirements of this ordinance.

B.

The following alternative method of compliance, may be considered by the city council:

1.

Off-site location: With authorization by the city council as described above, affordable units may be constructed by the developer on an alternate site. The alternate site must be suitable for residential development and must be within the City of Peabody; the project must add to the city's stock of affordable housing units, and must be in the best interests of the city. If off-site affordable units are not comparable to the market-rate units, a greater percentage of affordability shall be required.

6.11.7 Administration.

A.

Inclusionary zoning guidelines. The city council shall adopt inclusionary zoning guidelines for the implementation and administration of this ordinance. The guidelines shall be reviewed and updated as needed by the city council.

B.

Affordable Housing application and site plan/building permit review: As part of the regular site plan or building permit plan review, the applicant shall submit to the planning board an affordable housing plan. The application shall indicate the number of units in the project and the number of affordable units required broken down by bedroom and square footage. The application shall also include a building permit plan indicating the proposed location of the affordable units. The planning board shall forward the affordable housing plan to the construction review committee for review.

C.

Construction review committee: At its next regularly scheduled meeting or within 30 days of submittal to the planning board, the construction review committee shall review the affordable housing plan to confirm that the intent of the inclusionary zoning ordinance, in terms of the physical design and location of the affordable units, is being carried out. The committee shall recommend to the planning board whether compliance with inclusionary zoning has been demonstrated. A copy of the application and recommendation shall be forwarded to the city council as well.

D.

Planning board approval: Upon receipt of the recommendation by the construction review committee, and as part of the site plan or building permit plan review, the planning board shall review whether the intent of inclusionary zoning ordinance has been carried out by the applicant. If the planning board deems that it has, it shall recommend approval of the affordable housing application as part of site plan or building permit plan approval.

E.

City council approval: At its next regularly scheduled meeting, or within 30 days of receipt of a recommendation from planning board, the city council shall review the affordable housing plan and draft participation agreement for final approval. Within 30 days of receiving a recommendation from the planning board, the city council shall certify in writing to the applicant whether or not the affordable housing application has been approved. An extension may be requested by the applicant or the city council. Approval of the affordable housing application shall not be unreasonably withheld and any extension period shall not exceed an additional 30-day period.

F.

Participation agreement: After the affordable housing plan has been approved by the city council, a city/developer participation agreement incorporating the approved affordable housing plan shall be executed by the applicant, signed by the mayor and recorded at the Essex County Registry of Deeds. The agreement becomes an explicit acknowledgement of the affordability requirements and shall refer to the scope of the project, including the terms of affordability, as described by the affordable housing plan approved by the city council. The agreement shall stipulate that an affordable housing declaration of restrictions shall be recorded with the deed and referenced with the deed prior to the occupancy of the project. The city/developer participation agreement shall be legally binding as part of the building permit issued for construction. No building permit for the project shall be issued prior to the execution of the city/developer participation agreement.

6.11.8 Enforcement.

A.

Legal restrictions. Affordable units shall be rented or sold subject to deed covenants, contractual agreements, and/or other mechanisms restricting the use and occupancy, rent levels and sales prices of such units to assure their affordability. All restrictive instruments shall be subject to review and approval by the department of community development. All condominium documents and fees shall be subject to review and approval by the department of community development and the city solicitor.

B.

Timing of commitments. All contractual agreements with the city and other documents necessary to ensure compliance with this ordinance shall be executed prior to and as a condition of the issuance of any approval required to commence construction.

C.

Timing of construction. As a condition of the issuance of approval under this ordinance, the department of community development may set a time schedule for the construction of on-site affordable units. If the city council approves an alternative method of compliance with this ordinance, the council may set a time schedule for the construction of off-site affordable units.

6.11.9 Needs assessment review. The city council, in cooperation with the department of community development and planning, and relevant agencies, shall undertake an economic and housing market needs assessment not less than every fifth calendar year from the date of enactment of this ordinance. The purposes of said assessment shall be to assess the performance of the provisions herein in terms of resultant affordable housing units, to assess any need for improved rules and regulations regarding implementation, and to ascertain the need for revision of any provisions of this ordinance relative to the provision of affordable housing units in the city. Provisions subject to review shall include, at a minimum: revisions of the applicability requirements of this ordinance, revisions to percentage requirements of affordable units in inclusionary zoning developments, revisions to income and affordability guidelines, and revisions to methodologies for alternative methods of compliance.

6.11.10 Severability. In case any paragraph or part of this ordinance should be for any reason declared invalid or unconstitutional by any court of last resort, every other paragraph or part shall continue in full force and effect.

6.11.11 Reserved.

6.12.1 Definition: "General attendance event" - An event that is hosted by a landowner or the landowner's designee upon said landowner's property the use of which is not otherwise in violation of statutory and local zoning requirements that involves admission of invitees or licensees through a paid ticket, credential issued by said landowner or designee, or, an open invitation to the public where sales of goods or services are to be offered to the persons present and:

A.

Expected attendance is projected to exceed 250 persons through the ticket sales and/or credential issuance process and/or open invitation to the public as aforesaid and as estimated by the Building Commissioner; or

B.

requires any one of the City of Peabody's departments to allocate resources to the supervision or logistical support of the event including but not limited to assignments of special details of personnel from any said department or alteration of the delivery of municipal services to accommodate the proposed activity the necessity of either of which deviates from the normal operations of the impacted department or changes to state, municipal or utility owned infrastructure.

6.12.2 Purpose: In addition to the purposes enumerated at section 15.7.1 of the zoning ordinance to ensure that the public safety and security are adequately addressed, to assure that the city is reimbursed for its increased costs associated with the event and to provide for commentary to abutters to the land sought to be used for the event.

6.12.3 Applicability: A landowner, except the City of Peabody, its departments and subdivisions, their licensees and permit holders, and, Peabody Municipal Light Plant, seeks to use it's, his or her property to host a general attendance event, shall obtain a special permit in accordance with GL c 40A, §§ 9 and 11, and, sections 1 and 15.7 of this zoning ordinance and the rules/procedures of the city council established under subsections 15.7.2—3.

6.12.4 Intra-municipal coordination: Department heads who receives a request for special details of personnel, alteration of the delivery of municipal services from the normal operations of the department or changes to state, municipal or utility owned infrastructure to accommodate a proposed event shall report same to the building commissioner to ascertain the applicability of this section and, in the event a special permit application is advanced and relative to the above-said request then the subject department head shall provide a report to the council evaluating the safety, security and costs of the resource allocating of the department towards the supervision and logistical support of the event.

6.12.5 Consultant fees: To evaluate the safety and security attendant to a general attendance event proposed under this section the city council shall be entitled to the services of an outside consultant paid by the special permit applicant and calculated to address anti-terrorism issues enumerated pursuant to Homeland Security Act of 2002 and its amendments and the costs thereof, and the advisability and costs of activating mutual aid via the Massachusetts Emergency Management Agency and/or the Northeast Massachusetts Law Enforcement Council (Ref. GL c40 §§ 4J and 8G. The City council may require said fee to be paid at any time during the pendency of the special permit application.

6.12.6 Appeal: Ay decision of the city council pursuant to this section shall be appealed in accordance with GL c 40A, § 17 to a court of competent jurisdiction.

6.12.7 Severability: The invalidity of any subsection or provision of this section shall not invalidate any other subsection or provision of this section.

6.12.8 Noninterference: The provisions of this section are not intended to repeal, amend, abrogate, annul, or in any way impair or interfere with any lawfully adopted charter provision, ordinance, regulation, rule, procedure or covenant, and, to the extent this section differs from the aforementioned authority that which imposes the greater restriction or the higher standard shall govern. Any and all other permits, approvals, variances or orders required from the various departments, boards and commissions to facilitate the undertaking of the proposed general attendance event are still must be secured by the petitioner.

(Amended 10-22-2015)

6.13.1 Purpose. It is recognized that the nature of the substance cultivated, processed, and/or sold by medical marijuana treatment centers and off-site medical marijuana dispensaries may have challenging operational characteristics and should be located in such a way as to ensure the health, safety, and general well-being of the public as well as patients seeking treatment. The specific and separate regulation of registered marijuana dispensaries (hereafter referred to as a RMD) as medical marijuana treatment centers and off-site medical marijuana dispensary (hereafter referred to as an ommd) facilities is necessary to advance these purposes.

Subject to the provisions of this zoning ordinance, Chapter 40A of the Massachusetts General Laws, and 105 CMR 725.000, Registered Marijuana Dispensaries and Off-site Medical Marijuana Dispensaries will be permitted to provide medical support, security, and physician oversight that meet State regulations as established by the Massachusetts Department of Public Health (DPH).

6.13.2 Definitions.

Registered marijuana dispensary (RMD): A use operated by a not-for-profit entity registered and approved by the MA Department of Public Health in accordance with 105 CMR 725.000, and pursuant to all other applicable state laws and regulations, also to be known as a medical marijuana treatment center, that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers. A RMD shall explicitly include facilities which cultivate and process medical marijuana, and which may also dispense and deliver medical marijuana and related products.

The cultivation and processing of medical marijuana in accordance with these regulations is considered to be a manufacturing use and is not agriculturally exempt from zoning.

Off-site medical marijuana dispensary (OMMD): A dispensary that is located off-site from the cultivation/processing facility (and controlled and operated by the same registered and approved not-for-profit entity which operates an affiliated RMD) but which serves only to dispense the processed marijuana, related supplies and educational materials to registered qualifying patients or their personal caregivers in accordance with the provisions of 105 CMR 725.00.

6.13.3 Applicability. This section applies to all registered marijuana dispensaries (RMD) and off-site medical marijuana dispensaries (OMMD) proposed to be constructed under 105 CMR 725.000.

6.13.4 Permitted district. Medical marijuana treatment center/registered marijuana dispensary (RMD) and off-site medical marijuana dispensary (OMMD): in BR1 that is sited east of US RT 1 and south of the access ramp from US RT 95 / RT128 - south to US RT 1 south excepting Assessors Map 88, Parcels 008C, 008X 009, AND 010.

6.13.5 Operational requirements.

1.

Use:

a.

RMD and OMMD facilities may only be involved in the uses permitted by its definition and may not include other businesses or services within their designated square footage.

b.

No marijuana shall be smoked, eaten or otherwise consumed or ingested within the premises.

c.

In no event shall an RMD or OMMD facility be open to the public, and no sale or other distribution of marijuana shall occur upon the premises or via delivery from the premises except to an OMMD, between the hours of 8:00 p.m. and 8:00 a.m.

2.

Physical requirements:

a.

All aspects of the use/facility relative to the acquisition, cultivation, possession, processing, sales, distribution, dispensing, or administration of marijuana, products containing marijuana, related supplies, or educational materials must take place at a fixed location within a fully enclosed building.

b.

No outside storage is permitted.

c.

No OMMD facility shall have a gross floor area in excess of 5,000 square feet.

d.

Ventilation all RMD and OMMD facilities shall be ventilated in such a manner that no:

i.

Pesticides, insecticides or other chemicals or products used in the cultivation or processing are dispersed into the outside atmosphere, and

ii.

No odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the medical marijuana business or at any adjoining use or property.

e.

Signage shall be displayed on the exterior of the RMD and OMMD facility's entrance in plain sight of clients stating that "Registration Card issued by the MA Department of Public Health required" in text two inches in height. All other signage shall comply with 105 CMR 725.00 and Section 11.7 "Signs."

3.

Location:

a.

An RMD or OMMD facility shall not be located in buildings that contain any pharmacy, medical doctor offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana.

b.

An RMD or OMMD facility shall not be located in buildings that contain any residential units, including transient housing such as hotels, motels and dormitories.

4.

Issuance/transfer/discontinuance of use:

a.

A special permit shall be valid only for the registered entity to which the approval was issued and only for the site on which the RMD or OMMD has been authorized.

b.

A special permit shall be non-transferable and shall have a term limited to the applicant's ownership or control of the premises as an RMD or OMMD.

c.

Permitted RMD and OMMD facilities shall file an annual report to the city council no later than January 31st, providing a copy of all current applicable state licenses for the facility and/or its owners and demonstrating continued compliance with the conditions of the special permit.

d.

A special permit shall lapse if the applicant ceases operation of the RMD or OMMD and/or if the applicants' registration by DPH has been revoked, expires, is terminated, is transferred to another controlling entity or is relocated to a new site.

i.

The applicant shall notify the zoning enforcement officer and city council in writing within 48 hours of such lapse, cessation, discontinuance or expiration.

e.

An RMD or OMMD facility shall be required to remove all material, plants, equipment and other paraphernalia in compliance with 105 CMR 725.105 (J), (O) prior to expiration of its DPH registration or immediately following revocation or voiding of its DPH registration, or upon ceasing its operation.

6.13.6 Application procedure and requirements.

1.

Application requirements: An application for a special permit shall include the following:

a.

The name and address of each owner of the RMD or OMMD acility/operation.

b.

Copies of all required registrations, licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the facility.

c.

Evidence that the applicant has site control and right to use the site for a RMD or OMMD facility in the form of a deed or valid purchase and sales agreement or, in the case of a lease a notarized statement from the property owner and a copy of the lease agreement.

d.

A notarized statement signed by the RMD or OMMD organization's chief executive officer and corporate attorney disclosing all of its designated owners, including officers, directors, partners, managers, or other similarly-situated individuals and entities and their addresses. If any of the above are entities rather than persons, the Applicant must disclose the identity of all such responsible individual persons.

e.

A description of all activities to occur on site, including but not limited to: cultivating and processing of marijuana and marijuana infused products (MIPs), on-site sales, delivery of medical marijuana and related products to OMMDs, off-site direct delivery to patients, distribution of educational materials, and other programs or activities.

f.

A written notice from the chief of police shall be submitted to the city council stating that an acceptable security plan has been reviewed and approved. The security plan shall include the location and details of all security measures for the site, including but not limited to lighting, fencing, gates, waste disposal, alarms and similar measures ensuring the safety of employees and patrons and to protect the premises from theft or other criminal activity.

g.

Details of all proposed exterior security measures for the RMD or OMMD facility.

2.

Site plan: The special permit application shall include a site plan prepared by a Massachusetts registered architect, landscape architect, professional engineer or other appropriate design professional. The site plan shall include the following components and information:

a.

Locus plan. A locus plan showing the entire proposed development and its relation to existing areas, buildings and roads for a distance of 300 feet from the boundaries of the proposed development or such other distance as may be approved or required by the city council. The plan shall also show all contiguous land owned by the applicant or by the owner of the property which is the subject of the application.

b.

Improvements plan. A plan depicting all existing and proposed buildings, driveways or roads, parking areas, service areas, refuse collection areas, sidewalks, paths, landscaping etc.

c.

Building plan. A detailed floor plan showing square footages for each use within the RMD or OMMD.

d.

Details. Detail sheets including, but not limited to, pavement markings, lighting fixtures, fencing, dumpster enclosures, signage (temporary and permanent), and any site improvements included in plans a.—c. above.

3.

Review procedure: Upon receipt of an application, the city clerk shall forward a copy for review and comment to building department, fire department, police department, public services department, board of health, planning board and conservation commission if applicable. The departments shall review the application and provide comments back to the city council within 21 calendar days.

4.

Applicant must also apply to the planning board pursuant to section 12, Site Plan Review of this ordinance comply with said section and section 13, Development Impact Review.

6.13.7 Findings.

1.

In addition to the standard findings for a special permit under section 4 and GLc 40A, §9, the city council must also find all the following:

a.

That the RMD or OMMD facility is designed to minimize any adverse impacts on abutters and other parties in interest.

b.

That the RMD or OMMD facility demonstrates that it will meet all the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will be in compliance with all applicable state laws and regulations.

c.

That the applicant has satisfied all of the conditions and requirements of this section and other applicable sections of this ordinance.

d.

That the RMD or OMMD project meets a demonstrated need.

e.

That the RMD or OMMD facility provides adequate security measures to ensure that no individual participant will pose a direct threat to the health or safety of other individuals, and that the storage and/or location of cultivation is adequately secured.

f.

That the RMD or OMMD facility adequately addresses issues of traffic demand, circulation flow, parking and queuing, particularly at peak periods at the facility, and it impact on neighboring uses.

6.13.8 Enforcement. Any violation of this section shall be enforced in accordance with section 15.1 of the zoning ordinance.

(Amended 6-22-2017)

The operation of any marijuana establishment, as defined in G.L. c. 94G, Section 1, including, without limitation, a marijuana cultivator, marijuana testing facility, marijuana product manufacturer, marijuana retailer or any other type of licensed marijuana-related facility, is prohibited in all zoning districts of the city. This prohibition shall not apply to the sale, distribution or cultivation of marijuana for medical purposes licensed under Chapter 369 of the Acts of 2012.

(Amended 6-22-2017; Amended 6-28-2018)

6.15Purpose. The Mill Overlay District (MOD) and uses created herein are intended to:

A.

Encourage a diverse mix of business, commercial, office, institutional, and other uses for workers and visitors within the existing envelope of existing buildings.

B.

Not detract from the livability and aesthetic qualities of the existing neighborhood.

C.

Permit the preservation of existing structures through conversion to new uses in a manner that maintains and enhances the visual character and architectural scale of existing development within the district.

D.

Promote more efficient use of land while protecting natural resources, such as water resources, wetlands, floodplains, and wildlife. Building within the floodplain is prohibited.

E.

Permit an appropriate density of new development to support a vibrant, mixed-use area.

F.

Encourage first floor retail/restaurant space.

G.

Encourage an active site through mixed-uses and high-quality design.

H.

Minimize visual and functional conflicts between nonresidential and residential uses abutting the district.

I.

Encourage consolidation of curb cuts for vehicular access and promote more efficient and economical parking facilities.

J.

Allow for more compact development than may be permitted in other zoning districts to reduce the impacts of sprawl; and

K.

Encourage a pedestrian and bicycle friendly environment.

6.15.1 Establishment and boundaries. The MOD is hereby established and consists of the areas shown on the zoning map on file with the City Clerk. The MOD, which includes, in part, the properties historically known as 58 Pulaski Street, is superimposed over the underlying zoning districts established by the zoning ordinance. The MOD is an area which includes but is not limited to at least three (3) or more mill buildings and all properties within the same underlying zoning district immediately abutting a defined mill building. A mill building is defined as a brick building constructed prior to 1900 which at one time were used for manufacturing or industry. The following parcels are included as part of the MOD: Assessors Map 53, Parcels 046A, 046C, 047, 085, 087, 500 through 508, or any new subdivision of the lots thereof.

6.15.2 Applicability and relationship to underlying zoning. The MOD is an overlay district superimposed on underlying zoning districts. Within the MOD, the regulations for dimension and all other provisions of the Zoning Ordinance governing the underlying zoning district(s) shall remain in full force. To the extent that there is a conflict between the provisions of the underlying zoning and the provisions of the MOD, the provisions of this Section shall govern. Additional site and design criteria within this section shall be applicable to all new buildings or structures, or significant alterations to existing buildings or facades. This section shall be part of the site plan review process (see Section 12)

6.15.3 Permitted Uses. The following uses are permitted, as more specifically described below:

6.15.3.1 The following uses shall be permitted by right in the MOD:

A.

Mixed-uses that are currently lawfully existing;

B.

Retail sales establishments, excluding automobile related businesses, up to 4,500 square feet;

C.

Bakery, retail;

D.

Restaurant, cafe, or other establishment serving food and/or beverages; up to 3,000 square feet;

E.

Banks and financial institutions;

F.

Personal service establishment;

G.

Automated teller machine accessible only from the interior of the building;

H.

Indoor recreation; and

I.

Museum.

6.15.3.2 The following uses shall be permitted by special permit in the MOD:

A.

Retail sales, establishments excluding automobile related businesses, over 4,500 square feet;

B.

Restaurant, cafe, or other establishment serving food and/or beverages over 3,000 square feet;

C.

Free-standing automated teller machines are prohibited, except as stated in the above section;

D.

Any drive-through facility;

E.

Any new structure exceeding 4,500 square feet; and

F.

Any accessory use customarily incidental to any of the above permitted uses, provided that such use shall not be noxious or dangerous to the neighborhood.

6.15.4 General site and design criteria for the Mill Overlay District. All applications seeking a proposed use under 6.15 shall incorporate the following general design criteria as part of the site plan application process (see Section 12).

A.

Uses within the MOD shall provide adequate off-street parking for activities within the development in accordance with Section 9. Consideration will be given for shared parking for visitors to multiple uses on site and uses operating at different times of the day or week.

B.

Landscaping shall enhance the character of the development as a former industrial site mill conversion. Landscaping shall promote pedestrian and bicycle safety and be used for screening where appropriate. Where appropriate, benches, planters, outdoor seating, bike racks and other amenities shall be installed to encourage pedestrian and bicycle use and safety.

C.

New signs and facade improvements shall be based on the guidelines outlined in the City of Peabody Downtown Design Standards for the Main Street Subdistrict.

D.

As a critical component to the MOD, parking, sidewalks, and landscaping areas shall provide for safe and convenient pedestrian circulation through the site, to buildings, parking areas, and public ways.

E.

Mechanical equipment shall be screened, and if located on roofs, it shall be organized and designed so as not to appear to be a leftover or add-on element and to the maximum extent feasible shall incorporate baffles to mitigate any noises coming from such equipment.

F.

Exposed storage areas, machinery, garbage dumpster, service areas, truck loading areas, utility buildings and structures shall be screened from the view of abutting properties and streets using plantings and/or opaque fences.

6.15.5 Building and design criteria for new buildings or buildings with exterior renovations. An application seeking to construct a new building or structure, or renovate the exterior of an existing building or structure under 6.15 should reinforce the character of the existing mill area by creating visual interest and reinforcing a pedestrian scale. The apparent bulk and large wall expanses of multi-story buildings as well as single story buildings should be minimized by incorporating the following criteria prior to obtaining a building permit:

A.

Historic Architectural character relative to:

1.

Building facade and exterior architectural features;

2.

Building height and setbacks;

3.

Rooftop features and cornice lines;

4.

Exterior materials and colors;

5.

Exterior illumination;

6.

Doors, windows, canopies, and overhangs;

B.

Site considerations relative to:

1.

Building placement and orientation;

2.

Relationship to parking and adjacent uses;

3.

Relationship of building to sidewalk, public ways, and open space;

4.

Storage and loading;

C.

Site improvements relative to:

1.

Fences, walls and raised planters;

2.

Street furniture-benches, trash containers, news racks, kiosks etc.;

3.

Plazas, squares, and public spaces;

4.

Site landscaping and parking lot screening;

5.

Safety issues;

D.

Additional features, including:

1.

In buildings with multiple ground floor tenant's entries should provide a coordinated design theme such as a common canopy, architectural projection or awning design;

2.

Buildings that are more than two floors should provide a patio or small plaza area located on site. A commercially mixed-use building with ground floor retail such as a restaurant may provide an area for outdoor dining which extends the indoor dining space for seasonal use;

3.

A focal element where appropriate such as a water feature, special landscape feature or public art installation; and

4.

Visual connectivity, especially to adjacent buildings or properties. Large expanses of blank walls are prohibited.

6.15.6 Historic relationship. In a redevelopment project, a minimum of 75 percent of the mill building's original exterior characteristics deemed to be of historic architectural significance must be preserved, restored, and rehabilitated. Determination of architectural and historical significance will be determined by the Peabody Historical Commission. Up to 25 percent of the existing building's footprint, including any outbuildings deemed nonhistorical or structurally unsound, may be demolished and a structure(s) may be built on the demolished structure's footprint, or equivalent separate structure, provided that the new portion is in keeping with the character of the remaining building and does not exceed the height of the highest point of the existing principal mill structure. If the existing square footage of the mill building remains in its entirety, it may be expanded by an additional 15 percent, either attached to the main building or as a separate building.

6.15.7 Noise. As a mixed-use center containing office, retail, and light industrial uses among others, it is acknowledged that tenants as well as mechanical systems may emit noise. All development shall comply with applicable state air pollution control regulations and policies in connection with sound levels.

6.15.8 Light. The site shall be adequately lit to provide for safety and visibility. Lighting instruments shall be oriented or shielded such that they do not have spillover of greater than one-foot candle onto abutting properties or interfere with public ways.

(Ord. No. Z1-2023, § 1, 4-27-2023)

Editor's note— Ord. No. Z1-2023, § 1, adopted April 27, 2023, repealed the former § 6.15, and enacted new § 6.15 as set out herein. The former section 6.15 pertained to similar subject matter and derived from amendments adopted on March 14, 2019.

6.16.1 Establishment. The residential overlay district is established as an overlay district. the boundaries of the district are shown on the zoning map on file with the city clerk.

6.16.2 Purpose of residential overlay.

A.

Encourage residential development within a mix of business, commercial, office, and entertainment uses for workers, visitors, and residents.

B.

Not detract from the livability and aesthetic qualities of the any neighborhood in an abutting district.

C.

Minimize visual and functional conflicts between residential and nonresidential uses within and abutting the district.

D.

Promote construction of new buildings that maintain visual character and architectural scale of existing development within the district.

E.

Encourage multi-family residential as a transition between residential and nonresidential uses within and abutting the district.

F.

Allow for more compact development than may be permitted in other zoning districts to reduce the impacts of sprawl.

G.

Promote more efficient use of land while protecting natural resources, such as water resources, wetlands, floodplains, and wildlife. Nothing in this section 6.16 shall be deemed to supersede the provisions of section 8.

H.

Encourage mixed uses on the site or within the same structure and high-quality design.

I.

Encourage consolidation of curb cuts for vehicular access and promote more efficient and economical parking facilities.

J.

Promote pedestrian and bicycle circulation and safety in and around the project site.

K.

Encourage residential living near or at commercial districts that provide employment and entertainment.

L.

To allow for residential development on certain parcels where such residential development was previously not allowed prior to the adoption of this Section 6.16 as an incentive for the creation of a higher percentage of affordable housing units than set forth in Section 6.11.

6.16.3 District regulations. Regulations and dimensional requirements for the residential overlay:

A.

Residential use shall be by special permit in the residential overlay district as shown on the zoning map for new structures only.

B.

Multiple buildings and uses on single lot is allowed and may be incorporated as part of overall site design and layout.

C.

A site plan shall be prepared and submitted in accordance with section 12 of this ordinance.

D.

Density may not exceed 18 units per 43,500 square feet for Category A.

E.

Density may not exceed 24 units per 43,500 square feet for Category B. Property larger than 10 acres shall be limited to no more than 14 units per 43,500 square feet.

F.

For all residential use, the dimensional standards shall be as follows:

G.

The SPGA shall have the ability to waive dimensional requirements under this application in consideration for the applicant's support of public projects.

H.

The provisions of inclusionary zoning, section 6.11, shall apply to all residential developments under this section 6.16 that involve the creation of one or more housing units, whether rental or ownership. Affordable units must meet minimum criteria to be eligible for listing on the city's subsidized housing inventory (SHI) as outlined by the commonwealth. Projects under 6.16 will require an additional five percent of the total number of units to be affordable for a minimum of 20%

(Amended 9-26-2019)

I.

The maximum number of bedrooms per unit shall be two.

J.

Building and residential development under this section 6.16 within the flood boundary district and/or within the wetlands conservancy district is prohibited.

K.

Residential buildings are required to either maintain the first floor as commercial or increase the setback by 300% when abutting other commercial buildings.

L.

A capital facility assessment will be required as part of the application and subject to section 6.16.4.9.

6.16.4 Site and design criteria.

6.16.4.1 Purpose.The site design review process for the residential overlay seeks to encourage visual harmony and encourage creative design solutions. These guidelines are not intended to dictate style but rather to provide a framework of common principles that foster creative design within the district. A special permit will only be granted when a proponent demonstrates that they met the intention of this ordinance.

6.16.4.2 Applicability. The site and design guideline criteria within this section shall be applicable to new buildings within the district seeking a Special Permit for multi-family residential, or structures seeking improvements greater than 25% that are part of the Special Permit application. The residential overlay is an overlay district superimposed on underlying zoning districts. Within the residential overlay, the regulations for use, dimension, and all other provisions of the zoning ordinance governing the underlying zoning district(s) shall remain in full force, except for those uses undergoing development in accordance with this section. Nothing in this section 6.16 shall be deemed to grant relief from the standards in the underlying zoning district regarding non-residential uses.

6.16.4.3 Framework for review process. The site design review process will use the following as a framework for consideration. It is recommended that the following items are reviewed through the construction review committee process prior to completing a special permit application:

A.

Architectural character and energy considerations.

1.

Building façade and exterior architectural features.

2.

Building height and setbacks.

3.

Rooftop features and cornice lines.

4.

Exterior materials and colors; vinyl siding or similar materials are not allowed.

5.

Exterior illumination.

6.

Energy efficiency.

7.

Energy generation.

B.

Urban design considerations.

1.

Building placement and orientation.

2.

Relationship to parking and adjacent uses.

3.

Relationship of building to sidewalk, public ways, bike paths, and open space.

4.

Storage and loading.

C.

Site improvements.

1.

Fences, walls and raised planters.

2.

Street and parking lot lighting.

3.

Street furniture-benches, bike racks, trash containers, news racks, kiosks, signage etc.

4.

Plazas, squares and public spaces.

5.

Site landscaping and parking lot screening.

6.

Safety issues.

6.16.4.4 Access.New curb cuts on existing public ways should be minimized and site access should avoid smaller residential streets and neighborhoods.

6.16.4.5 Parking. The following guidelines are included to ensure that off-street parking areas are constructed in accordance with the district's desired design character, the provisions of this ordinance, and other city ordinances pertaining to parking.

A.

Parking lots shall be located to the side and rear of the lot unless no other location is feasible. Parking is prohibited within the front yard setback. Parking lots that abut public rights of way or grade parking under the building shall be screened with one or a combination of the following:

1.

A low wall made of concrete, masonry or other suitable material. Raised planters, or landscaping consisting of a mix of trees and shrubs provided that 90% of the shrub plantings are evergreen.

B.

Walls, fencing and architectural details shall compliment the materials of the building's architectural style.

C.

Where walls are provided, planting areas shall be a minimum width of four feet and should be located adjacent to the public right of way.

D.

Where possible, parking areas shall be interconnected in a manner that allows the unobstructed flow of pedestrians between uses and parking areas.

E.

In large parking lots (20 or more spaces) provision for bicycle racks shall be provided in locations that are safely segregated from automobile traffic and parking.

6.16.4.6 Pedestrian and bicycle access. Provision for safe and convenient pedestrian access shall be incorporated into building and parking areas and should be designed in concert with landscaping plans noted below. Construction should provide pedestrian access to buildings, sidewalks and parking areas and should be completed with consideration of pedestrian safety, handicapped access and visual quality. Where appropriate, applicants are required to provide pedestrian and/or bicycle paths connections to their site with abutting areas to promote pedestrian and bicycle circulation. Consideration will be given for property owners dedicating access for paths.

6.16.4.7 Landscaping and lighting. Landscaping shall be incorporated in such a way as to create visual relief and interest, provide shade for pedestrian areas and to screen parking areas. Landscape plans shall be prepared by a design professional and consistent with the intent of this regulation. Landscape plans shall show the location, type, and size of all proposed plantings as well as enough of the surrounding context such that the SPGA may determine the plan's appropriateness.

Site lighting, security lighting and architectural/landscape lighting should provide the user with illumination levels appropriate for the designed activity (i.e. parking, walking, outdoor dining) while meeting minimum requirements. Illumination levels should also be reasonably uniform throughout the site and strive to minimize glare.

Provide adequate lighting levels in all pedestrian areas, including building entries, along walkways, parking areas, and other public areas.

A.

Side yard treatment.

1.

Where the distance between structures on adjacent lots is 20 feet or less the side yard shall be screened by a solid fence, wall or landscape treatment of evergreen plantings at a height not to exceed five feet.

2.

Where the distance between structures on adjacent lots is greater than 30 feet landscaping shall consist of a combination of materials sufficient to break up the view into the side yard but, for safety reasons, in no case should this planting be impermeable.

3.

Side yards may, in the alternative, be established as pedestrian walkways to access parking areas to the rear of the building. Such walkways shall be landscaped and lighted for safety.

B.

Parking areas.

1.

Large parking areas shall be relieved by landscaped islands of a minimum of eight feet in width, equal in depth to the depth of a typical parking space and located such that there is one island per ten continuous spaces.

2.

Alternatively, at least 15% of the interior area of the lot shall be devoted to landscaping. Areas described in the above shall have at a minimum one shade tree with a minimum caliper of 2½ inches diameter breast height (DBH). Trees planted in such locations shall be planted in protected pervious areas which have a minimum dimension of five feet.

3.

Where lots abut public rights-of-way, shade trees with a minimum caliper DBH of 3½ inches, shall be provided within a planting strip no less than five feet in width and at a rate of one tree per every six continuous spaces.

C.

Trash and service areas.

1.

All service, loading and trash storage areas will not be viewable from a public right-of-way or from an adjacent residential area and shall be screened by one or a combination of masonry, wood or evergreen plantings to reduce their visual impact.

2.

Loading and service areas shall not face any abutting residential area unless no other location is possible.

3.

All trash storage (dumpsters) shall have closed covers.

The following guidelines should be considered in the design and location of pedestrian spaces:

A.

Flexible design to allow for flexible use.

B.

Buffering from major vehicular areas such as parking lots or main traffic ways.

C.

Lighting for nighttime comfort and safety.

D.

Appropriate street furnishing...i.e. benches, trash receptacles.

E.

A focal element where appropriate such as a water feature, special landscape feature or public art installation.

F.

Decorative paving and seasonal planting.

G.

South facing locations.

H.

Visual connectivity, especially to important views such as an historic structure.

I.

Appropriately scaled to the development.

J.

Must maintain adequate width access as required by the Americans with Disabilities Act.

6.16.4.8 Utilities. Underground utilities are required unless physically restricted or blocked by existing underground obstructions. Compensation will be required for offsite improvements when underground utilities are cannot be met.

6.16.4.9 Capital facility requirements.

A.

Requirements.

1.

Any person who proposes any development under the residential overlay district shall be obligated to provide the necessary road, electrical, water, sewer and drainage capital facilities in the manner and amount set forth in this section. Development proposals, which in the opinion of the SPGA, do not place additional demand on the electrical, water, sewer and drainage capacities of the district shall not be required to contribute to capital improvements.

2.

The capital facilities shall be in the form of a constructed improvement as per plans prepared by the City of Peabody and inspected following established city inspection procedures and construction standards or a fee in-lieu thereof paid to the city or its designee.

3.

The value of the improvement or fee in-lieu of an improvement shall be computed based on the capital needs of the district as they relate to the number of residential units, as determined by the SPGA and set forth below.

B.

Establishment of capital facility requirements. An applicant seeking a development under the residential overlay district shall be required to undertake roadway, electrical, water, sewer and drainage improvements necessary to offset the impacts that the development will have on local facilities. Improvements shall be identified in the Peabody Capital Improvement Program. The project proponent may select to construct improvements for the land development activity in-lieu of paying the established fee using the formula set out below.

C.

Formula for calculating capital facility fees for a proposed project seeking residential overlay district approval.

a.

Roadway improvements.

b.

Electrical/utility.

c.

Drainage/stormwater.

d.

Water/sewer.

6.16.4.10 Noise. As a mixed-use center containing office and retail uses among others, it is acknowledged that tenants as well as mechanical systems may emit noise. All development shall comply with applicable state air pollution control regulations and policies in connection with sound levels to mitigate impact on residential uses within and abutting the district.

6.17.1 Purpose. The purpose of the multi-family overlay district (MFOD) is to allow multi-family housing as of right in accordance with section 3A of the Zoning Act (Massachusetts General Laws Chapter 40A).

6.17.2 Establishment and applicability. This MFOD is an overlay district with a land area of approximately 121.3 acres that is superimposed over the underlying zoning districts and shown on the zoning map. The MFOD includes the following subdistricts:

A.

Applicability of MFOD. An applicant may develop multi-family housing located within an MFOD in accordance with the provisions of this section 6.17.

B.

Underlying zoning. The MFOD is an overlay district superimposed on the underlying designated development district (DDD) and BR. The regulations for use, dimension, and all other provisions of the Zoning Bylaw governing the DDD and BR shall remain in full force, except for uses allowed as of right in the MFOD. Uses that are not identified in section 6.17 are governed by the requirements of the underlying zoning district(s).

6.17.3 Definitions. For purposes of this section 6.17, the following definitions shall apply.

A.

Affordable unit. A multi-family housing unit that is subject to a use restriction recorded in its chain of title limiting the sale price or rent or limiting occupancy to an individual or household of a specified income, or both.

B.

Affordable housing. Housing that contains Affordable Units as defined by this section 6.17.

C.

Area median income (AMI}. The median family income for the metropolitan statistical region that includes the City of Peabody, as defined by the U.S. Department of Housing and Urban Development (HUD).

D.

Parking, structured. A structure in which vehicle parking is accommodated on multiple stories; a vehicle parking area that is underneath all or part of any story of a structure; or a vehicle parking area that is not underneath a structure but is entirely covered and has a parking surface at least eight feet below grade. Structured parking does not include surface parking or carports, including solar carports.

E.

Parking, surface. One or more parking spaces without a built structure above the space. A solar panel designed to be installed above a surface parking space does not count as a built structure for this definition.

F.

Site plan review authority. The City of Peabody planning board is the site plan review authority for this MFOD.

G.

Subsidized housing inventory (SHI). A list of qualified affordable housing units maintained by EOHLC used to measure a community's stock of low- or moderate- income housing for the purposes of M.G.L. Chapter 408, the Comprehensive Permit Law.

6.17.4 Permitted uses.

A.

Uses permitted as of right. The following uses are permitted as of right within the MFOD.

1.

Multi-family housing.

B.

Accessory uses. The following uses are considered accessories as of right to any of the permitted uses in section 6.17.4.A.1.

1.

Parking, including surface parking and parking within a structure such as an above-ground or underground parking garage or other building on the same lot as the principal use.

6.17.5 Dimensional standards.

A.

Table of Dimensional Standards. Notwithstanding anything to the contrary in this Zoning, the dimensional requirements applicable in the MFOD are as follows:

* Setbacks for multifamily buildings are 100 feet from residential abutters

B.

Multi-building lots. In the MFOD, lots may have more than one principal building.

C.

Exceptions. The limitation on the height of buildings shall not apply to chimneys, ventilators, towers, silos, spires, or other ornamental features of buildings, which features are in no way used for living purposes and do not constitute more than 25% of the ground floor area of the building. The following additional installations shall also not be subject to the height limitations in this section 6.17: solar photovoltaic, solar thermal, living, and other eco-roofs, energy storage, and air-source heat pump equipment. Such installations shall not create a significant detriment to abutters in terms of noise or shadow and must be appropriately integrated into the architecture of the building and the layout of the site. The installations shall not provide additional habitable space within the development.

6.17.6 Off-street parking. These parking requirements apply to all development projects in the MFOD; the requirements of section 9.2 do not apply to the MFOD.

A.

Number of parking spaces. A minimum of 1.5 parking spaces shall be provided for each dwelling unit with a maximum of 1.75 parking spaces for each dwelling unit in the MFOD.

B.

Number of bicycle parking spaces. A minimum of 0.25 covered bicycle storage spaces shall be provided for each dwelling unit in the MFOD.

C.

Bicycle storage. For a multi-family development of 25 units or more, one-quarter of the covered parking bicycle parking spaces shall be integrated into the structure of the building(s).

6.17.7 General development standards.

A.

Development standards in the MFOD are applicable to all multi-family development within the MFOD. These standards are components of the site plan review process in section 6.17.9. site plan review.

B.

Existing standards.

1.

Parking. The requirements of section 9 of this zoning ordinance, except for section 9.2.

2.

Landscaping. Section 10 of this zoning ordinance, as applicable to multi-family development in the MFOD.

3.

Signs. Section 11 of this zoning ordinance, as applicable to multi-family development in the MFOD.

C.

Site design.

1.

Connections. Sidewalks shall connect building entrances, the public sidewalk (if applicable), bicycle storage, and parking.

2.

Vehicular access. Where feasible, curb cuts shall be minimized, and shared driveways encouraged.

3.

Drop-off/pick-up spaces. Designated spaces adjacent to or within the first row of parking closest to the buildings shall include one or more 15-minute parking spaces for drop-off/pick-up and deliveries.

4.

Screening for parking. Surface parking adjacent to a public sidewalk shall be screened by a Landscaped buffer of sufficient width to allow the healthy establishment of trees, shrubs, and perennials, but no Less than 6 (six) feet. The buffer may include a fence or wall of no more than three feet in height unless there is a significant grade change between the parking and the sidewalk.

5.

Parking materials. The parking surface may be concrete, asphalt, decomposed granite, bricks, or pavers, including pervious materials but not including grass or soil not contained within a paver or other structure.

6.

Plantings. Plantings shall include species that are native or adapted to the region. Plants on the Massachusetts Prohibited Plant List, as may be amended, shall be prohibited.

7.

Lighting. Light levels shall meet or exceed the minimum design guidelines defined by the Illuminating Engineering Society of North America (IESNA) and shall provide the illumination necessary for safety and convenience while preventing glare and overspill onto adjoining properties and reducing the amount of skyglow.

8.

Mechanicals. Mechanical equipment at ground level shall be screened by a combination of fencing and plantings. Rooftop mechanical equipment shall be screened if visible from a public right-of-way.

9.

Dumpsters. Dumpsters shall be screened by fencing and plantings. Where possible, dumpsters or other trash and recycling collection points shall be Located within the building. Valet waste and recycling door service is preferred.

10.

Stormwater management. Strategies that demonstrate compliance of the construction activities and the proposed project with the most current versions of the Massachusetts Department of Environmental Protection Stormwater Management Standards, the Massachusetts Stormwater Handbook, Massachusetts Erosion Sediment and Control Guidelines, and, if applicable, additional requirements under the city's MS4 permit for projects that disturb more than one acre and discharge to the city's municipal stormwater system, and an operations and management plan for both the construction activities and ongoing post-construction maintenance and reporting requirements.

D.

Buildings: General.

1.

Position relative to the street. The primary building shall have its principal façade and entrance facing the street on which its address is located.

2.

Entries. Where feasible, entries shall be clearly defined and linked to a paved pedestrian network that includes the public sidewalk.

3.

Material quality. Building materials shall be durable and, where appropriate to the style of the building, include traditional New England materials such as wood, stone, and brick. Vinyl siding and asphalt shingles are prohibited.

4.

Shared outdoor space. Multi-family housing shall have common outdoor space that all residents can access. Such space may be any combination of ground floor, courtyard, rooftop, or terrace.

E.

Buildings: Multiple buildings on a lot.

1.

Parking and circulation on the site shall be organized to reduce the amount of impervious surface. Where possible, parking and loading areas shall be connected to minimize curb cuts onto public rights-of-way.

2.

A paved pedestrian network shall connect parking to the entries to all buildings and the buildings to each other.

3.

The orientation of multiple buildings on a lot should reinforce the relationships among the buildings. All building façade(s) shall be treated with the same care and attention in terms of entries, fenestration, and materials.

4.

The building(s) adjacent to the public street shall have a pedestrian entry facing the public street.

F.

Buildings: Principal façade and parking. Parking shall be subordinate in design and location to the principal building façade.

1.

Surface parking. Surface parking shall be located at the rear or side of the principal building. Parking shall not be within the setback between the building and any lot line adjacent to the public right-of-way.

2.

Integrated garages. The principal pedestrian entry into the building shall be more prominent in design and placement than the vehicular entry into the garage.

3.

Parking structures. Building(s) dedicated to structured parking on the same lot as one or more multi-family buildings or mixed-use development shall be subordinate in design and placement to the multi-family or mixed-use building(s) on the lot.

G.

Waivers. Upon the applicant's request and subject to compliance with the compliance guidelines, the site plan review authority may waive the requirements of this section 6.17.7. general development standards in the interests of design flexibility and overall project quality and upon a finding of consistency of such variation with the overall purpose and objectives of the MFOD.

6.17.8 Affordability requirements.

A.

Purpose.

1.

Promote public health, safety, and welfare by encouraging a diversity of housing opportunities for people of different income levels;

2.

Provide for a full range of housing choices for households of all incomes, ages, and sizes;

3.

Increase the production of affordable housing units to meet existing and anticipated housing needs; and

4.

Work to overcome economic segregation, allowing the city of Peabody to be a community of opportunity in which low and moderate-income households can advance economically.

B.

Applicability. This requirement is applicable to all residential and mixed-use developments with eight (8) or more dwelling units, whether new construction, substantial rehabilitation, expansion, reconstruction, or residential conversion (applicable projects). No project may be divided or phased to avoid the requirements of this section.

C.

Affordability requirements. Subsidized Housing Inventory. All units affordable to households earning 80% or less of AMI created in the MFOD under this section must be eligible for listing on EOHLC's Subsidized Housing Inventory.

D.

Provision of Affordable Housing. In Applicable Projects, not fewer than ten percent (10%) of housing units constructed shall be Affordable Housing Units. For purposes of calculating the number of units of Affordable Housing required within a development project, a fractional unit shall be rounded down to the next whole number. The Affordable Units shall be available to households earning income up to eighty percent (80%) of the AMI.

E.

Development Standards. Affordable Units shall be:

1.

Integrated with the rest of the development and shall be compatible in design, appearance, construction, and quality of exterior and interior materials with the other units and/or lots;

2.

Dispersed throughout the development;

3.

Located such that the units have equal access to shared amenities, including light and air, and utilities (including any bicycle storage and/or Electric Vehicle charging stations) within the development;

4.

Located such that the units have equal avoidance of any potential nuisances as market-rate units within the development;

5.

Distributed proportionately among unit sizes;

6.

Distributed proportionately across each phase of a phased development; and

7.

Occupancy permits may be issued for market-rate units prior to the end of construction of the entire development, provided that occupancy permits for Affordable Units are issued simultaneously on a pro-rata basis.

F.

Administration. The zoning enforcement officer shall be responsible for administering and enforcing the requirements in this section.

6.17.9 Site Plan Review.

A.

Applicability. Site plan review is required for all projects within this MFOD. The permitting authority shall review an application for site plan review for consistency with the purpose and intent of sections 6.17.4 through 6.17.8.

B.

Submission requirements. The provisions of sections 12.3 through 12.6 of this zoning ordinance shall apply.

C.

Site plan approval. Site plan approval for uses listed in section 6.17.D permitted uses shall be granted upon determination by the site plan review authority that the following conditions have been satisfied. The site plan review authority may impose reasonable conditions, at the expense of the applicant, to ensure that these conditions have been satisfied.

1.

The applicant has submitted the required fees and information as set forth in the city's requirements for a building permit and site plan review; and

2.

The project, as described in the application, meets the development standards set forth in section 6.17.7 general development standards.

D.

Project phasing. An applicant may propose, in a site plan review submission, that a project be developed in phases subject to the approval of the site plan review authority, provided that the submission shows the full buildout of the project and all associated impacts as of the completion of the final phase. However, no project may be phased solely to avoid the provisions of Section 6.17.8 affordability requirements.

E.

Additional requirements. The provisions of sections 12.8 through 12.15, and 12.18 fees, of this zoning ordinance shall apply. If the site plan review ordinance in section 12 is in conflict with any regulation of the subdivision rules and regulations of the Peabody planning board, the planning board regulations shall supersede the site plan review ordinance, except where the planning board regulations are inconsistent with the requirements of Massachusetts General Laws Chapter 40A, Section 3A or the compliance guidelines promulgated by the executive office of housing and livable communities. In such case, the applicable requirements of this section 16.7 shall take precedence over the subdivision rules and regulations of the Peabody Planning Board.

6.17.10 Severability. If any provision of this section 6.17 is found to be invalid by a court of competent jurisdiction, the remainder of section 6.17 shall not be affected but shall remain in full force. The invalidity of any provision of this section 6.17 shall not affect the validity of the remainder of the city's zoning.

(Ord. No. Z1-24, § 3, 12-12-2024)