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Revere City Zoning Code

CHAPTER 17

16 USE REGULATIONS

§ 17.16.010 Conformance required-Key to table.

No building, structure or land shall be used, constructed, erected, placed, altered or converted, in whole or in part, for any purpose or in any manner other than for one or more of the uses set forth in Section 17.16.040 et seq. as permitted by right, indicated by the word "yes," or as permitted by special permit, indicated by the letters "SP." The word "no" indicates the use is prohibited.
(C.O. 83-3 § 17-5(A))

§ 17.16.020 Religious, educational, governmental and municipal uses.

The use regulations of this title shall not prohibit the use of land, buildings or structures for religious purposes or for educational purposes on land owned or leased by a religious sect or denomination or by a nonprofit educational corporation, nor shall this title prohibit such use for educational purposes, historical purposes, public safety purposes, purposes arising from the general conduct of government, or for parks and recreational purposes on land owned or leased by the city, the commonwealth or any of its agencies, subdivisions or bodies politic. Nor shall this title prohibit the use of land, buildings or structures owned or leased and regularly occupied as its principal location by a religious sect or denomination, or by a nonprofit educational corporation, for a "flea market" as defined in Section 17.08.285 or bazaar where the profits of such flea market or bazaar shall be retained by said sect, denomination or corporation for its financial support and in furtherance of its religious or educational purposes, provided however, that said flea market or bazaar is conducted no more than once per week and no later than five p.m., on any day, and that parking is provided upon the land owned or leased by said sect, denomination or corporation. Nothing herein shall exempt said sect, denomination or corporation from licensing regulations pertaining to or arising from said use.
(C.O. 03-75A § 3; C.O. 04-633A § 1)

§ 17.16.030 Uses not specifically mentioned.

Uses not specifically permitted, or permitted by special permit, are prohibited.
(C.O. 96-17 § 26)

§ 17.16.040 Generally-Table of uses.

USE
ZONING DISTRICT
RA
RA1
RB
RB1
RC
RC1
RC2
RC3
PDD1
PDD2
NB
GB
GB1
CB
HB
TED
LI
IP
A. RESIDENTIAL USES:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Accessory dwelling unit (ADU)
yes27
yes27
yes27
yes27
no
no
no
no
no
no
no
no
no
no
no
no
no
no
Dwelling, single-family
yes
yes
yes
yes
no
no
no
no
no
no
no
no
no
no
no
no
no
no
Dwelling, two-family
no
no
yes4
yes4
yes
yes
yes
yes
no
no
yes
yes
no
no
no
no
no
no
Dwelling, apartment
no
no
no
no
yes
yes
yes
yes
no
no
yes
yes
no
sp
sp6
no
no
no
Dwelling, townhouse
no
no
sp
sp
yes
yes
yes
yes
no
no
yes
yes
no
sp
no2
no
no
no
Dwelling, duplex
no
no
yes8
yes
yes
yes
yes
yes
no
no
yes
yes
no
no
no
no
no
no
Lodging house or rooming house
no
no
no
no
no
no
no
no
no
no
no
no
no
no
sp
no
no
no
Planned unit development (PUD)
no
no
no
no
no
no
sp
no
sp
sp
no
no
no
no
sp
sp
no
no
Child care center
yes1
yes1
yes1
yes1
yes1
yes1
yes1
yes1
yes1
yes1
yes1
yes1
yes1
yes1
yes1
yes1
yes1
yes1
Family child care home
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
no
no
no
no
Large family child care home
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
no
no
no
no
no
B. INSTITUTIONAL (EXCEPTING PRISONS AND UTILITY USES):
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Religious facility
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
Public or private lodge or club
no
no
no
no
yes
yes
yes
yes
yes
yes
yes
yes
no
yes
yes
no
no
no
Medical marijuana treatment center
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
sp5
no
no
Substance abuse treatment center
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
sp5
no
no
Sexual offender residential facilities
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
sp
no
no
General hospital
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
Nursing or convalescent home
sp
sp
sp
sp
yes
yes
yes
yes
yes
yes
yes
yes
no
yes
yes
no
sp
no
Public, private or non profit school
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
Public library and museum
no
no
yes
no
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
Telephone exchange, transformer station, sub-station, gas regulator station
sp
sp
sp
sp
sp
sp
sp
sp
sp
yes
yes
yes
sp
yes
yes
yes
yes
yes
Microwave and telephone communications facilities
sp
sp
sp
sp
sp
sp
sp
sp
sp
yes
sp
sp
sp
sp
sp
sp
sp
sp
Standing accessory sign
no
no
no
no
sp
sp
sp
no
yes
yes
sp
yes
yes
yes
yes
yes
yes
yes
Standing accessory multi-use sign
no
no
no
no
no
no
no
no
no
no
no
no
no
no
sp
sp
sp
sp
Sign, digital
no
no
no
no
no
no
no
no
no
no
no
no
no
no
sp
sp
no
no
Pumping station
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
U.S. post office
sp
sp
sp
sp
sp
sp
sp
sp
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
Bus or railroad station, including public transit
sp
sp
sp
sp
sp
sp
sp
sp
sp
yes
sp
sp
sp
no
sp
sp
sp
sp
Parking lot
no
no
no
no
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
Parking structure
no
no
no
no
yes
yes
yes
yes
yes
yes
yes
yes
no
yes
yes
yes
yes
yes
Private parking lot structure
no
no
sp
no
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
Commercial parking lot/structure
no
no
no
no
no
no
no
no
sp
sp
no
no
no
sp
no
sp
no
no
Commercial auto storage/parking
no
no
no
no
no
no
no
no
sp
sp
no
no
no
no
no
sp
no
no
Independent elderly housing
no
no
no
no
sp
sp
sp
sp
sp
sp
sp
sp
no
sp
sp
no
sp
no
Congregate care elderly housing
no
no
no
no
sp
sp
sp
sp
no
sp
sp
sp
no
sp
sp
no
sp
no
Community garden on municipal property24
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
C. OFFICE OR LABORATORY USES:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
General office use or building
no
no
no
no
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
Research and development facilities defined by the National Institute of Health as Biolevel-1 (BL-1) or Biolevel-2 (BL-2) facilities
no
no
no
no
no
no
no
no
sp
sp
no
no
no
no
sp
sp
no
sp
D. BUSINESS USES AND CONSUMER SERVICES:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Automotive/truck rental office and storage
no
no
no
no
no
no
no
no
sp
no
no
no
no
no
sp9
sp
no
no
Bank and financial institution
no
no
no
no
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
no
yes
Body art establishment
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
sp
no
no
Kennel
no
no
no
no
no
no
no
no
yes
yes
no
no
no
no
sp
sp
no
no
Training school for profit
no
no
no
no
sp
sp
sp
sp
sp
sp
sp
sp
sp
sp
sp
sp
sp
sp
Funeral home
no
no
sp
sp
sp
sp
sp
sp
no
sp
sp
sp
sp
sp
sp
no
no
no
Commercial garage
no
no
no
no
no
no
no
no
no
no
no
sp
no
no
sp
sp
no
sp
Special garage
no
no
no
no
no
no
no
no
no
no
no
no
no
no
sp
sp
no
no
Car wash
no
no
no
no
no
no
no
no
no
no
no
sp
no
no
sp
sp
no
no
Automotive sales:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Class I
no
no
no
no
no
no
no
no
no
no
no
no
no
no
yes
yes
no
sp
Class II
no
no
no
no
no
no
no
no
SP12
no
no
no
no
no
sp12
yes12
no
sp
Class III
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
sp
no
no
Retail greenhouse
no
no
no
no
no
yes
yes
yes
no
yes
yes
yes
yes
yes
yes
yes
yes
yes
Flea market
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
sp
Motel
no
no
no
no
no
no
no
no
sp
no
no
no
no
no
sp
no
sp
sp
Hotel
no
no
no
no
no
yes
yes
no
yes
sp
no
no
no
no
yes
yes
sp
sp
Medical and dental office
no
no
sp
sp
yes
yes
yes
yes
yes
yes
sp
yes
yes
yes
yes
yes
yes
yes
Professional office
sp
sp
sp
sp
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
Professional office park
no
no
sp
no
sp
sp
sp
sp
sp
yes
sp
sp
sp
sp
sp
yes
sp
yes
Recreation, gainful business
no
no
no
no
no
no
sp
no
sp
sp
no
sp
no
sp
sp
sp
no
sp
Take out / drive up window
no
no
no
no
no
no
no
no
sp
sp
no
sp
no
sp
sp
sp
no
no
Restaurant
no
no
no
no
sp
sp
yes
no
yes
yes
yes
yes
sp
yes
yes
yes
no
yes
Restaurant, outdoor dining
no
no
no
no
yes14
yes14
yes
no
yes
yes
yes14
yes
yes14
yes
yes
yes
no
yes
Food truck
no
no
no
no
no
no
yes28
no
yes29
no
no
no
no
no
yes29
yes29
no
no
General retail sales and service
no
no
no
no
no
sp
yes
yes
yes
yes10
no
yes
sp
yes
yes
yes10
no
sp
Neighborhood retail sales and service
no
no
no
no
no
no
no
no
yes
no
yes
yes
sp
yes
yes
sp
sp
sp
Self-service station
no
no
no
no
no
no
no
no
no
no
no
yes25
no
no
no
no
no
no
Theater, meeting hall
no
no
no
no
sp
sp
sp
sp
yes
yes
no
yes
no
yes
yes
no
no
yes
Racetrack (including the track, grounds, kennels, stables, bleachers, auditorium and adjacent places used in connection with dog and horse racing)
no
no
no
no
no
no
no
no
yes
yes
no
no
no
no
no
no
no
no
Gaming facility
no
no
no
no
no
no
no
no
yes
sp
no
no
no
no
no
no
no
no
Sports and athletic facilities (including stadium, arena, rink, court, field or other sports or athletic structure or facility)
no
no
no
no
no
no
no
no
yes
no
no
no
no
no
no
yes
no
no
Health club
no
no
no
no
no
no
no
no
sp
sp
no
sp
no
sp
yes
sp
no
sp
Convention center
no
no
no
no
no
no
no
no
yes
no
no
no
no
no
no
sp
no
sp
Adult entertainment establishments, adult bookstore, adult video store, adult motion picture theatre and advertisement signs
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
sp
no
no
E-commerce retail sales
no
no
no
no
no
no
no
no
sp
sp
no
sp
no
sp
yes
yes
no
yes
Commercial greenhouse20, 22
no
no
no
no
no
yes
yes
no
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
Community greenhouse21, 22, 23
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
E. INDUSTRIAL USES:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Advanced product manufacturing
no
no
no
no
no
no
no
no
sp
sp
no
no
no
no
sp
yes
no
yes
Building construction and contracting storage yard or facility
no
no
no
no
no
no
no
no
no
sp
no
no
no
no
sp
sp
sp
sp
General manufacture and repair
no
no
no
no
no
no
no
no
sp
no
no
no
no
no
no
yes
sp
yes
Heliport
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
sp13
no
no
Life science manufacturing
no
no
no
no
no
no
no
no
sp
sp
no
no
no
no
sp
yes
no
yes
Marina, recreational
no
no
no
no
sp
sp
sp
no
no
no
no
no
no
no
yes
yes
yes
no
Marina, with repair facilities
no
no
no
no
no
no
no
no
no
no
no
no
no
no
yes
yes
yes
no
Recycling center/operations/ drop of
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
sp
no
no
Technology warehousing and distribution activities
no
no
no
no
no
no
no
no
sp
sp
no
no
no
no
sp
yes
no
yes
Towing operations and storage
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
sp
no
no
Warehouse
no
no
no
no
no
no
no
no
sp
sp
no
sp
no
sp
sp
yes
sp
sp
Wholesale and product distribution activities
no
no
no
no
no
no
no
no
sp
sp
no
no
no
no
sp
sp
sp
yes
Brew pub
no
no
no
no
no
sp
yes
no
yes
yes
no
yes
no
yes
yes
yes
no
yes
Brewery/distillery or winery
no
no
no
no
no
no
yes
no
yes
yes
no
sp
no
sp
yes
yes
no
yes
F. OTHER USES:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Fill and excavation
sp
sp
sp
sp
sp
sp
sp
sp
no
sp
sp
sp
no
sp
sp25
sp
sp
sp
Commercial wind energy facilities
no
no
no
no
no
no
no
no
sp
sp
no
no
no
no
sp
yes
sp
sp
Small wind energy facilities
sp
sp
sp
sp
sp
sp
sp
sp
sp
sp
sp
sp
sp
sp
sp
yes
sp
sp
G. PROHIBITED USES:
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Billboard
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
Incinerator
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
Research and development facilities defined by the National Institute of Health as Biolevel-3 (BL-3) or Biolevel-4 (BL-4) facilities
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
H. ACCESSORY RESIDENTIAL USES
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Keeping of hens16, 21, 22
yes
yes
yes
yes
no
no
no
no
no
no
no
no
no
no
no
no
no
no
Keeping of honey bees17, 21, 22
yes
yes
yes
yes
no
no
no
no
no
no
no
no
no
no
no
no
no
no
Urban ground level yard farm, small18, 21, 22, 23
yes
yes
yes
yes
yes
yes
no
yes
yes
yes
yes
yes
yes
no
yes
yes
yes
yes
Urban ground level yard farm, medium18, 21, 22, 23
sp
sp
sp
sp
sp
sp
no
sp
yes
yes
yes
yes
yes
no
yes
yes
yes
yes
Urban ground level yard farm, large18, 21, 22, 23
sp
sp
sp
sp
sp
sp
no
sp
yes
yes
sp
sp
sp
no
yes
yes
yes
yes
Urban roof level farm, small19, 21, 22, 23
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
Notes:
1
Refer to Section 17.16.080 for day nursery criteria.
2
Except permitted on parcel that is part of a contiguous develop containing at least ten acres. In the HB district, the off-street parking requirement shall be 1.5 spaces per one bedroom unit, 1.75 spaces per two bedroom unit and 2 spaces per unit for three or more bedrooms.
3
In the GB, RC1 and RC2 districts the off-street parking requirement shall be 1.5 spaces per one bedroom unit, 1.75 spaces per two bedroom unit and 2 spaces per unit for three or more bedrooms.
4
Except that any lot in this district which less than 6,000 square feet and located within the boundaries of the one hundred year flood plain as delineated on the Federal Emergency Management Agency (FEMA) flood insurance rate map (FIRM) for the city revised August 20, 2002 shall be limited to a single-family dwelling.
5
Substance abuse treatment centers shall be located no closer than 400 feet from residential uses, parks and playgrounds including areas designated as areas of critical environmental concern (ACEC), schools, buildings/structures used for religious purposes and public schools. The 400 feet shall be measured from the principal entrance of the substance abuse treatment center to the closest property line of the above referenced uses.
6
Permitted on a parcel that has a minimum of 10 acres. In the HB district, the off-street parking requirement shall be 1.5 spaces per one bedroom unit, 1.75 spaces per two bedroom unit and 2 spaces per unit for three or more bedrooms.
7
Medical marijuana treatment centers shall be located no closer than 400 feet from residential uses, parks and playgrounds including areas designated as areas of critical environmental concern (ACEC), schools, buildings/structures used for religious purposes and public schools. The 400 feet shall be measured from the principal entrance of the medical marijuana treatment center to the closest property line of the above referenced uses.
8
Dwelling duplex may only be allowed within the RB district on lots that are 6,000 square feet and greater and have at least sixty foot frontage. Dwelling, duplex shall have an offset of at least 5 feet in depth between each unit and the design shall be approved by the site plan review committee.
9
 
1.
Allowed vehicles as part of the "Automotive/truck rental office and storage" shall be limited to no more than a GVW 8,000 pound limit.
 
2.
Vehicle capacity shall be limited to up to 50 rental vehicles on site at any one time.
 
3.
There shall be a minimum lot size of 25,000 square feet for any property seeking such a use by special permit.
 
4.
No stacking of vehicles will be allowed on site.
 
5.
No repair, maintenance, or body work shall be allowed on site.
 
6.
Applicants must agree to install and provide substantive screening and buffering on site.
10
No more than 10% of the floor area of the building(s) within the PDD2 district and any TED district parcel may be used for general retail sales and service unless a special permit is obtained from the city council.
11
Fast-food/take-out/drive-in restaurant may be allowed in the PDD1 district as of right as incident to or accessory to a principal commercial use.
12
Notwithstanding the provisions of this revision, Class II automotive sales uses shall be governed by the provisions of Chapter 407 of the Acts of 2006, further regulating the issuance of second-hand motor vehicle licenses in the city of Revere. Approved, December 31, 2006.
13
Permitted on a parcel that has a minimum of 25,000 square feet of land for each heliport thereon. Said use to comply with all other dimensional regulations in the district which allows said use by special permit.
14
See Section 17.16.310(B)(1) for outdoor dining in districts where restaurants are allowed by Special Permit.
15
Any related hospitality service to a "brewery/distillery or winery" including retail sale for consumption on-premises or off-premises would be subject to a special permit of the city council as well as any other applicable state and municipal licensing requirements for the sale of alcoholic beverages.
16
Hens shall be subject to the following rules:
 
1)
Hens may be kept on residential properties only;
 
2)
Ownership, care and control of the hens shall be the responsibility of a resident of the dwelling on the lot;
 
3)
A maximum of 6 hens may be kept on a lot, although health regulations may further limit the number and/or manner of keeping of hens on lots;
 
4)
No roosters may be kept on lots in Revere;
 
5)
Hen houses are subject to accessory structure setback and dimensional controls of this title;
 
6)
Hens and henhouses are not permitted within front yards or in side yards that abut streets;
 
7)
Chicken coops on shared porches, balconies, decks and rooftops, on shared ownership lots such as duplex condominiums, two-family structures, and multifamily structures shall not be allowed;
 
8)
The board of health shall establish regulations for the management and disposal of chicken waste;
 
9)
The board of health shall establish regulations for the slaughtering of chickens;
 
10)
The board of health shall issue licenses and develop license application requirements for the keeping of hens.
17
Honey bees shall be subject to the following rules:
 
1)
Honey bees may be kept on residential properties only;
 
2)
Ownership, care and control of the honey bees shall be the responsibility of a resident of the dwelling on the lot;
 
3)
A maximum of 2 bee colonies may be kept on a lot, although health regulations may further limit the number and/or manner of keeping of honey bees on lots;
 
4)
A free standing bee hive shall be NO greater than 20 cubic feet in volume;
 
5)
The maximum height of a beehive or apiary shall be 5 feet. This height limitation shall not apply to fences or other structures intended to separate a beehive or apiary from adjacent uses, which shall remain subject to applicable provisions of the zoning ordinance, Title 17;
 
6)
Honey bees and beekeeping materials are not permitted in front yards or in side yards that abut streets;
 
7)
Where any beehive is located within 10 feet of a public street, park, school grounds, walkway, or bikeway, a sign legible from the public way indicating that a beehive is present nearby shall be maintained so that it is readable from the public way;
 
8)
Where any beehive is located on a shared porch, balcony, or rooftop, or any shared structure or lot, a sign indicating that a beehive is present shall be located at the entrance to such area;
 
9)
The keeping of honey bees may only be allowed in compliance with the board of health regulations for the keeping of bees and such regulations shall be enforceable by the board of health and/or the department of municipal inspections;
 
10)
Any beekeeper that violates any provisions of this chapter or any rules and regulations promulgated hereunder shall be subject to the penalties set forth in Chapters 1.12 and 1.16 of the Revere Revised Ordinances;
 
11)
The board of health shall issue licenses and develop license application requirements for the keeping of bees.
18
Farm shall be subject to the following rules:
 
1)
Farms may be kept on residential properties only;
 
2)
Ownership, care and control of the farm shall be the responsibility of a resident of the dwelling on the lot;
 
3)
Land devoted to agricultural use shall be well maintained, regularly cleared of debris and free of excessively tall weeds and grass in accordance with city of Revere health regulations;
 
4)
Farms may include greenhouses as accessory structures, subject to applicable setbacks of this title;
 
5)
Accessory structures to an agricultural use shall also be well maintained in accordance with city of Revere health regulations.
19
Urban farm, roof level, shall be subject to the following rules:
 
1)
Small roof farms may be kept on residential properties only;
 
2)
Ownership, care and control of the farm shall be the responsibility of a resident of the dwelling on the lot;
 
3)
The use of small, medium, large urban farms roof level on nonprofit or commercial property is permitted as long as owners are within compliance with the building/safety fire codes.
20
Commercial farming/greenhouse, including, but not limited to, hydroponic and aquaponic farming is permitted on municipal land, in municipal buildings, on roofs of municipal buildings and/or in greenhouses on municipal land. Products from such farms may be sold off-site, or sold on-site subject to the provisions of footnote 21 below.
21
On-site sale of products from these users are allowed subject to the following provisions:
 
1)
Sales of products shall be permitted between the hours of 9:00 a.m. and 6:00 p.m., May 1 through Oct. 31 of each year;
 
2)
Sales of products shall be permitted not more than 3 days per week and not more than 25 days per year;
 
3)
Retail sales display areas shall not exceed 50 square feet;
 
4)
One farmstand is allowed per lot; however, NO sales display or structure shall be located on a public sidewalk, street or block vehicle and pedestrian flow;
 
5)
Sales display, structure, and signage must be stored out of site while not in use;
 
6)
Signage shall be limited to 1 sign and not exceed 6 square feet; and
 
7)
Proof of annual soil testing must be posted during all sales of products.
22
Farms and greenhouses shall be subject to building code requirements and any applicable rules and regulations established by the health department of the city of Revere.
23
Hoop houses, cold frames or other similar structures shall be allowed as accessory structures subject to the building code and subject to the following provisions:
 
1)
They shall not exceed a maximum height of 6 1/2 feet;
 
2)
The cover shall be removed and stored when plants are not being cultivated.
24
Community gardens on municipal property shall be in compliance with the city of Revere community garden grower rules and regulations.
25
Except permitted on parcels containing at least 10 acres and for which the city council has approved a land reclamation agreement.
26
In accordance with Section 17.16.460 of the Revised Ordinances of the city of Revere.
27
More than one accessory dwelling unit on a single lot is prohibited.
28
Food trucks may only be allowed in the RC2 district pursuant to the authority and jurisdiction of the Massachusetts Department of Conservation and Recreation.
29
Food trucks may be allowed subject to both License Commission approval and continued conformance to parking requirements and traffic by-laws. See Chapter 5.10.
(C.O. 83-3 §§ 17-5(C)(part), (1)—(6)[1]; C.O. 83-3 (part); C.O. 83-508A §§ 2 (part), 9; C.O. 85-4A §§ 16(D)(part), (F), 36 (part); C.O. 87-661 § 2; C.O. 88-20 § 3; C.O. 88-49 §§ 3, 7 (part), 20; C.O. 90-37D (part); C.O. 90-237 §§ 2, 5; C.O. 91-23 § 1; C.O. 91-62 § 2 (part); C.O. 91-253 § 4; C.O. 93-30 § 1; C.O. 93-504 § 1; C.O. 94-335 § 1; C.O. 96-17§§ 7—25, 27 and 28; C.O. 97-105 § 3; C.O. 97-467 § 2; C.O. 99-92 § 2; C.O. 01-76 §§ 2, 6, 7, 8, 9, 10, 11, 12, 33, 34, 35, 39, 40 and 42; C.O. 01-93 § 1; C.O. 01-489 §§ 1, 3 and 7; C.O. 01-261 §§ 1, 3; C.O. 01-259 § 2; C.O. 02-569 § 1; C.O. 03-75A § 7; C.O. 03-298 § 2; C.O. 04-14 §§ 1, 3; C.O. 04-499 §§ 1, 2; C.O. 05-58 §§ 2, 3; C.O. 06-41 § 1; C.O. 07-79, § 1, 3/12/2007; C.O. 07-442, 10/1/2007; C.O. 09-139, § 3, 9/21/2009; C.O. 10-37, § 2, 3/22/2010; C.O. 11-425, §§ 12, 13, 12/5/2011; C.O. 11-426, §§ 2, 3,12-5-11; C.O. 12-138/CZ-12-01, §§ 3, 4, 5/21/2012; C.O. 13-107/CZ13-01, § 1, 5/13/2013; C.O. 13-131A/CZ13-04, §§ 2, 3, 10/28/2013; C.O. 13-279/CZ-13-06, § 3, 12/9/2013; C.O. 17-070, § 2, 3/13/2017; C.O. 17-365/CZ-17-06, § 2, 12/18/2017; C.O. 18-075, §§ 4, 5, 5/7/2018; C.O. 18-140, §§ 2, 3, 6/18/2018; C.O. 18-249/CZ-18-07,§§ 1—4, 9/17/2018; C.O. 20-067/CD-20-02, §§ 2, 3, 5/18/2020; C.O. 21-140, §§ 2, 3, 6/21/2021; C.O. 22-062/CZ-22-01, §§ 1, 2, 5/9/2022; C.O. 22-158, §§ 4, 5, 8/22/2022; C.O. 23-164, §§ 2, 3, 10/16/2023; C.O. 23-219, §§ 3—5, 11/13/2023; C.O. 24-022, 4/8/2024; C.O. 25-028/CZ-25-02, 4/28/2025; C.O. 25-124, 6/2/2025)
[1]
Editor's note: There are two Council Orders numbered 83-3.

§ 17.16.041 Overlay district of single-family homes within RB and RB1 districts.

There is created in the city an overlay district of single-family homes within the RB and RB1 districts. Any lot within the RB and RB1 districts which has less than six thousand square feet and is located within the boundaries of the one hundred year flood plain as delineated on the Federal Emergency Management Agency (FEMA) flood insurance rate map (FIRM) for the city revised August 20, 2002 shall be limited to a single-family dwelling.
(C.O. 06-41 § 2)

§ 17.16.045 Adult entertainment establishments, adult bookstore, adult video store, adult motion picture theatre and advertisement signs or devices.

A. 
Adult entertainment establishment and businesses promoting adult uses within the city of revere. Based upon the experience of other communities, particularly the evident problems which existed in those portions of the city of Boston bordering and included within the so-called "Combat Zone," the city council of the city of Revere finds that the proliferation of "adult entertainment establishments" (as said term is herein defined) will have an adverse on the community by, among other impacts, limiting economic development and reducing residential property values. Furthermore, the city council finds that adult entertainment establishments, if situated near school, parks, houses of worship, nursery schools, day care centers, kindergartens or playgrounds would have an adverse impact on the youth of this city.
B. 
General limitation. Notwithstanding any term or condition within the Table of Uses within this revision, or any other provision of this revision, no adult entertainment establishments, adult bookstore, adult video store, adult motion picture theater and advertising signs or devices may be: (1) erected, constructed, placed, altered, converted or otherwise changed in any district other than the TED district; or (2) erected, constructed, placed, altered, converted or otherwise changed without the issuance of a special permit issued by the city council; or (3) erected, constructed, placed, altered or converted if it is within three hundred feet of the line of any lot which itself contains either an adult entertainment establishment, adult bookstore, adult video store, adult motion picture theater or adult advertising signs or devices.
C. 
Special permit considerations for adult entertainment establishments and adult motion picture theaters. A special permit may be granted for any adult entertainment establishment or adult motion picture theater if the following conditions are fully satisfied:
1. 
Adult entertainment establishments and adult motion picture theaters may not be located less than one thousand feet from the nearest lot line of: each other; public or private nursery schools; public or private day care centers; public or private kindergartens; public or private elementary schools; public or private secondary schools; playgrounds and houses of worship.
2. 
A ten-foot wide landscaped strip shall be provided along the property line fronting a public or private way.
3. 
A material condition to every special permit issued with respect to any adult entertainment establishment and adult movie theater shall that such establishment or theater must cease its business operations between the hours of one a.m. and ten a.m. each day.
4. 
No adult entertainment establishment or adult motion picture theater may have visible from outside the establishment or theater any flashing lights.
5. 
No adult entertainment establishment or adult motion picture theater shall be eligible to apply for a special permit requesting a freestanding accessory sign.
6. 
Each applicant for a special permit to operate an adult entertainment establishment of adult motion picture must provide on a plan submitted with its application adequate parking on the same lot said establishment or theater in the following ratio: one parking space for every 1.25 person allowed for the establishment's seating capacity.
D. 
Special permit consideration for adult bookstores and adult video stores. A special permit may be granted for any adult bookstores or adult video stores (collectively said bookstores and video stores hereinafter referred to as "adult merchandise establishments") if each of the following conditions are fully satisfied:
1. 
Adult merchandise establishments may not be located less than one thousand feet from the nearest lot line of: each other; public or private nursery schools; public or private elementary schools; public or private secondary schools; playgrounds and houses of worship.
2. 
A ten-foot wide landscaped strip shall be provided along the property line fronting a public or private way.
3. 
A material condition to every special permit issued with respect to any adult merchandise establishment shall that such establishment or theater must cease its business operations between the hours of eleven p.m. and nine a.m. each day.
4. 
No adult merchandise establishment may have visible from outside the establishment or theater any flashing flights.
5. 
No adult merchandise establishment shall be eligible to apply for a special permit requesting a freestanding accessory sign.
E. 
Special permit consideration for adult use advertisement signs. A special permit may be granted for any adult use advertisement signs if each of the following conditions are fully satisfied:
1. 
Adult use advertisement signs may not be located less than one thousand feet from the nearest lot line of: each other; public or private nursery schools; public or private-day care centers; public or private secondary schools; playgrounds and houses of worship.
2. 
Adult use advertisement signs may only be located on a building in which there is operating either an adult merchandise establishment, adult entertainment establishment or adult movie theater pursuant to a special permit issued by the city council.
3. 
The highest point on any adult use advertisement sign may be no higher than twenty-four feet above ground level.
4. 
No adult use advertisement sign may contain any moving, flashing or animated lights, or visible moving or movable parts.
F. 
Construction—Conflicts. In the event that the applicable provision of the zoning ordinances set forth in this revision imposes greater dimensional or setback requirements than do the provisions of Sections 17.16.045 et seq., the greater requirements of the zoning ordinances shall apply. No structure shall contain both an adult merchandise establishment and either an adult entertainment establishment or adult movie theater.
(C.O. 95-122 § 2; C.O. 97-105 § 4; C.O. 06-248A §§ 1—15)

§ 17.16.048 Body art establishment in the TED district.

A. 
Preamble. Whereas, the city council finds it necessary to regulate body art establishments by allowing such establishments by special permit within the TED district, in order to ensure that such establishments are located in a readily identifiable area away from residential properties, and by doing so, thereby aid both in the enforcement of health and safety codes and in the protection of the health, safety, and welfare of the public from the dangers of blood-borne pathogens present in the practices and procedures of body art.
Now therefore, the city council hereby determines the following:
B. 
Body art establishment, erected, constructed, placed, altered, converted or otherwise changed may be allowed only by special permit in the TED district by the city council, in compliance with the dimensional and parking control requirements of this title, except as specifically changed by this section:
1. 
Body art establishments may not be located less than five hundred feet from the nearest lot line of: each other; public or private schools; playgrounds, parks; conservation areas; houses of worship; residential uses; and residential areas.
2. 
A material condition to every special permit issued with respect to any body art establishment shall require that such establishment must cease its business operations between the hours of eleven p.m. and nine a.m. each day.
3. 
No body art establishment shall have an illuminated standing accessory sign or attached sign that contains any moving, flashing or animated lights, or moving or movable parts.
(C.O. 01-76A § 5)

§ 17.16.050 Sexual offender residential treatment facilities.

A. 
Preamble. Whereas, the city council finds it necessary to regulate the location of sexual offender residential treatment facilities by allowing such facilities by special permit within certain location within the TED district, in order to ensure that such facilities are located in readily identifiable areas away from public or private schools, parks and playgrounds, and by doing so, thereby aiding in the enforcement of public safety and protection of school age children from being endangered by coming into contact with level 3 sex offenders.
Now therefore, the city council determines the following:
B. 
Sexual Offender Residential Facilities, clinics, service centers and/or any similar type of programs (hereinafter sexual offender residential treatment facility), that provides live-in counseling, treatment classes or guidance, erected, constructed placed, altered, converted or otherwise changed may be allowed only by special permit in the TED district by the city council, in compliance with the dimensional and parking control requirements of this title, except as specifically changed by this section:
1. 
Sexual offender residential treatment facilities may not be located or operated within two thousand feet of a public school, private school, parochial school, city or Commonwealth of Massachusetts approved charter school, a public or private accredited preschool, an accredited head start facility, elementary, vocational or secondary school and city and/or state public park or playground which is located within the boundaries of the city. The distance between the sexual offender residential treatment facility shall be determined by a straight line from the boundary of the school and/or playground and the boundary to the sexual offender treatment facility.
2. 
No permit or license, including but not limited to, an occupancy permit, shall be issued by the city and/or any city department, for any location and/or building for the purpose of the operation of a sexual offender residential treatment facility in the city, within the geographic restrictions and limitations as described in this section.
(C.O. 05-58 § 1)

§ 17.16.060 Townhouses in RB, RB1, CB and LI districts.

Townhouse dwellings erected, constructed, placed, altered, converted or otherwise changed may be allowed by right in the RC, RC1, RC2, RC3, NB and GB districts and only by special permit in RB, RB1, CB and LI districts by the city council in conformance with the dimensional and parking control requirements of this title, except as specifically changed by this section:
A. 
The minimum lot size shall be ten thousand square feet with a minimum of three thousand square feet of lot area required for each unit.
B. 
The minimum rear yard requirement shall be twenty feet.
C. 
The maximum number of connected units in a row shall be eight.
(C.O. 83-3 § 17-5(E); C.O. 83-508A § 6; C.O. 85-4A § 36 (part); C.O. 90-37B, 1990; C.O. 97-105 § 5; C.O. 03-75A § 11)

§ 17.16.070 Lodging house and rooming house.

A lodging house or rooming house erected, constructed, placed, altered, converted or otherwise changed may be allowed only by special permit in the HB district by the city council in conformance with the dimensional and parking requirements of this title, except as specifically changed by this section:
A. 
The minimum lot size shall be eight thousand square feet.
B. 
There shall be sufficient off-street parking for 1.25 vehicles for every room rented.
C. 
The number of units provided shall not exceed twelve.
(C.O. 83-3 § 17-5(F); C.O. 87-661 § 3; C.O. 97-105 § 6; C.O. 23-164, § 1, 10/16/2023)

§ 17.16.080 Child care center.

A child care center may be allowed in the RA, RA1, RB, RB1, RC, RC1, RC2, RC3, NB, GB, GB1, HB, TED, CB, LI, IP, PDD1 and PDD2 districts in conformance with the following criteria:
A. 
A child care center shall comply in all respects with the standards for licensure and approval in accordance with Regulation 102 CMF 7.00 of the Office for Children.
B. 
A child care center located in a residential district shall have outdoor play areas which are fenced on all sides and include screening where such areas about a residential use. Minimum screening for outdoor play areas which abut a residential use shall include an appropriate landscaping screen and/or stockade fencing.
C. 
A child care center located in a commercial or industrial district which has outdoor play areas shall provide fencing and screening on all sides. Screening areas shall include a five-foot landscaped buffer zone where such play areas abut a commercial or industrial district or use.
D. 
If the child care center is located within a residential district, there shall be no parking allowed within the front yard. If the day nursery is located in a residential structure and/or district, the facility must provide one off-street parking space per 200 gross square feet of nursery space in addition to the residential requirements.
E. 
If the child care center is located in a commercial structure and/or district, the facility will be required to provide one off-street parking space per 200 gross square feet of nursery space in addition to the commercial parking requirements.
F. 
Swimming pools are prohibited on the premises of a child care center.
(C.O. 93-30 § 3; C.O. 97-105 § 7; C.O. 03-298 § 1; C.O. 24-022, 4/8/2024)

§ 17.16.085 Family child care home.

A family child care home may be allowed in the RA, RA1, RB, RB1, RC, RC1, RC2, RC3, NB, GB, GB1, CB, PDD1 and PDD2 districts in conformance with the following minimum criteria:
A. 
Separation Between Family Child Care Homes. Within a residential district, no other large family child care home shall be located and operating within the same building of an existing large family child care home or child care center.
B. 
Swimming pools are prohibited on the premises of a family child care home.
(C.O. 03-298 § 4; C.O. 24-022, 4/8/2024)

§ 17.16.090 Nursing or convalescent home.

Nursing or convalescent homes erected, constructed, placed, altered, converted or otherwise changed may be allowed only by special permit in RA, RA1, RB, RB1 or LI districts by the city council in conformance with the dimensional and parking control requirements of this title and the following minimum criteria:
A. 
The minimum lot size shall be ten thousand square feet.
B. 
Parking requirements shall be one space for every 2.5 beds, and shall be located in the rear of the proposed structure, or in any portion of the lot that the city council deems least offensive to surrounding residences. Parking may also be provided on a separate parcel, in the same ownership as the lot used for the principal use, provided that it is within one hundred feet of the principal entrance to the building that the parking lot will serve.
(C.O. 83-3 § 17-5(H); C.O. 85-4A § 36 (part); C.O. 90-234 § 1; C.O. 97-105 § 8)

§ 17.16.100 Telephone exchange, transformer, substation and gas regulator station.

A telephone exchange, transformer station, substation or gas regulator station erected, constructed, placed, altered, converted or otherwise changed may be allowed by right in the PDD2, NB, GB, CB, HB, TED, LI and IP districts, and in RA, RA1, RB, RB1, RC, RC1, RC2, RC3, GB1 or PDD1 districts only by special permit by the city council in conformance with this title and the following minimum criteria:
A. 
A metal fence or other such device, as required by the city council, shall be provided so as to prevent ready access by the public. The height and color of the fence or device required by the city council shall be decided by the council on a case-by-case basis, with the objective being adequate public safety precautions.
B. 
The uses enumerated in this section shall be clearly marked on all sides as to their use and the danger they may pose to the public.
C. 
Any of the uses enumerated in this section must be at least fifty feet from the nearest residential structure.
(C.O. 83-3 § 17-5(I); C.O. 85-4A § 36 (part); C.O. 90-237 § 8; C.O. 97-105 § 9)

§ 17.16.110 Towers and telecommunications facilities; excluding small cell wireless facilities in the public right-of-way.

A. 
Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Antenna support structure"
means any building or structure other than a tower which can be used for location of telecommunications facilities.
"Antenna"
means any exterior apparatus designed for the sending and/or receiving of electromagnetic waves for telephonic, radio, television or personal wireless services. For the purpose of this ordinance the term "antenna" does not include any tower and antenna under seventy feet in total height which is owned and operated by amateur radio operator licensed by the Federal Communications Commission, any device designed for over-the-air reception of radio or television broadcast signals, multichannel multipoint distribution service or direct broadcast satellite service or any cable television headend or hub towers and antennae used solely for cable television services.
"Applicant"
means any person that applies for a tower or telecommunications facilities development permit.
"Application"
means the process by which the owner of a parcel of land within the city submits a request to develop, construct, build, modify or erect a tower or telecommunications facility upon such parcel of land. Application includes all written documentation, verbal statements, and representations, in whatever form or forum, made by an applicant to the city concerning such a request.
"Engineer"
means any engineer licensed by the Commonwealth of Massachusetts.
"Inspector"
means the building inspector for the city of Revere.
"Macro telecommunications facilities"
are those which are located on existing buildings, poles or other existing support structures and which project more than three feet above the top of the structure but no more than ten feet above the roof line, parapet or top of the structure.
"Micro telecommunications facilities"
are those located on existing buildings, poles or other support structures where antennae do not project more than three feet above the top of the structure and there are no more than six antennae per site.
"Monopole tower"
means any telecommunications tower consisting of a single pole, constructed with guy wires or ground anchors.
"Owner"
means any person with fee title or a long-term (exceeding ten years) leasehold to any parcel of land within the city who desires to develop or construct, build, modify or erect a tower or telecommunications facility upon such parcel of land.
"Person"
means any natural person, firm, partnership, association, corporation, company, other legal entity, private or public, whether for profit or not for profit.
"Telecommunications facilities"
refers to antennae and towers, either individually or together.
"Tower"
means a structure, such as a lattice tower, guy tower or monopole towers, constructed as a free-standing structure or in association with a building, other permanent structure or equipment, on which is located one or more antennae intended for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication. The term includes microwave towers, common carrier towers, and cellular telephone towers.
B. 
Exclusions. The following shall be exempt from this section:
1. 
Any tower and antenna under seventy feet in total height which is owned and operated by an amateur radio operator licensed by the Federal Communications Commission;
2. 
Any device designed for over-the-air reception of television broadcast signals, multichannel, multipoint distribution service or direct broadcast satellite service;
3. 
Any telecommunication facilities located on property owned, leased or otherwise controlled by the city of Revere provided a license or lease authorizing the telecommunications facilities has been approved by the city of Revere; and
4. 
Any cable television headend or hub towers and antennae used solely for cable television services.
C. 
Development of towers or telecommunications facilities.
1. 
A tower or telecommunications facility shall be allowed by special permit authorized by the Revere city council in zoning districts designated in Section 17.12.010 of the Revised Ordinances of the city of Revere as HB, TED, LI and IP. Towers and telecommunications facilities designed and intended to accommodate at least one user are allowed by special permit authorized by the Revere city council up to a height of fifty feet following design review approval. Towers and telecommunications facilities designed and intended to accommodate at least two users are allowed by special permit authorized by the Revere city council up to a height of seventy feet in zoning districts designated TED, LI and IP following design review approval. Towers and telecommunications facilities designed and intended to accommodate at least three users are allowed by special permit authorized by the Revere city council up to a height of ninety feet in zoning districts designed TED and LI following design review approval.
2. 
In the CB, NB, GB business districts, micro and macro telecommunications facilities shall be allowed by special permit authorized by the Revere city council following design review approval. Monopole towers up to a height of forty feet are permitted by special permit authorized by the Revere city council following design review approval. Monopole towers up to a height of seventy feet designed and intended to accommodate at least two users are permitted by special permit authorized by the Revere city council following design review approval.
3. 
In RC, RC1, RC2 and RC3 zoning districts micro and macro telecommunications facilities shall be allowed by special permit authorized by the Revere city council following design review approval.
4. 
In RA, RA1, RB, and RB1 zoning districts, micro telecommunications facilities shall be allowed by special permit authorized by the Revere city council on nonresidential structures following design review approval.
5. 
Telecommunication facilities outside the foregoing guidelines may only be built after approval of a variance by the city of Revere zoning board of appeals.
D. 
Preferred, disfavored, and prohibited location sites.
1. 
Preferred location sites.
a. 
Co-location sites. Any existing telecommunications towers legally approved by the city of Revere city council currently being used for transmitting or receiving analog, digital, microwave, cellular, telephone, personal wireless service or similar forms of electronic communication shall be a preferred location site regardless of the underlying zoning designation of the site, provided, however, that locations which meet this criteria shall be subject to the design and siting components of this ordinance and co-location sites shall not become an "antenna farm" or otherwise deemed by the Revere city council to be visually obtrusive.
b. 
Publicly used structures. Publicly used structures are preferred locations throughout the city because they appear in virtually all neighborhoods, are dispersed throughout the city, and due to their institutional or infrastructure uses are generally similar in appearance to or readily adaptable for telecommunications facilities. Therefore, telecommunications facilities should be less noticeable when placed on publicly used structures than when placed on commercial or residential structures. Publicly used structures include, but are not limited to, facilities such as utility structures, elevated roadways, bridges, hospitals, light poles and churches.
c. 
Industrial and commercial structures. Wholly industrial and commercial structures such as warehouses, factories, retail outlets, supermarkets, banks, garages or service stations shall be preferred locations particularly where existing visual obstructions or clutter on the roof or along a roofline can and will be removed as part of the installation of the telecommunication facility.
d. 
Mixed use buildings in high density districts. Mixed use buildings (housing above commercial or other non-residential space) are also preferred location sites.
2. 
Disfavored location sites. Any single-family residential structure or site or multi-family duplex shall be a disfavored site for the location of telecommunications facilities.
3. 
Prohibited location sites. Any municipal building including, but not limited to, City Hall and its annex office locations, police and fire stations, libraries, schools, civic centers, and community centers.
E. 
Requirements for telecommunications facilities.
1. 
General requirements for all telecommunications facilities. The requirements set forth in this section shall govern the locations and construction of all telecommunications faculties governed by this section.
a. 
Building code and safety standards. To ensure the structural integrity of telecommunications facilities, the owner of a telecommunications facility shall ensure that it is maintained in compliance with standards contained in applicable local and state building codes and applicable standards for such telecommunications facilities, as amended from time to time. Owners of telecommunications facilities shall conduct periodic inspections of such facilities at least once every year to ensure structural integrity. Inspections shall be conducted by a qualified, independent engineer licensed to practice in the Commonwealth of Massachusetts. The results of such inspection shall be provided to the inspector.
b. 
Regulatory compliance.
i. 
All telecommunications facilities must meet or exceed current standards and regulations of the FAA, the FCC and any other agency of the state or federal government with the authority to regulate telecommunications facilities. If such standards and regulations are changed, the owners of the telecommunications facilities governed by this section shall bring such telecommunications facilities into compliance with such revised standards and regulations within the date established by the agency promulgating the standards or regulations.
ii. 
Owners of telecommunications facilities shall provide documentation showing that each telecommunication facility is in compliance with all applicable federal and state requirements. Evidence of compliance must be submitted every twelve months.
c. 
Security. All telecommunication facilities shall be equipped with an appropriate anti-climbing device or similar protective device to prevent unauthorized access to the telecommunications facility.
d. 
Lighting. No illumination is permitted on telecommunication facilities unless required by the FCC, FAA or other state or federal agency of competent jurisdiction or unless necessary for air traffic safety. If lighting is required or necessary, the inspector may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding uses and views.
e. 
Advertising. No advertising is permitted on telecommunication facilities. However, a whip antenna may be allowed on any legally permitted permanent billboard or outdoor advertising sign so long as the other requirements of this ordinance are met.
f. 
Visual impact.
i. 
Telecommunication facilities shall either maintain a galvanized steel finish or, subject to any applicable standards of the FAA or other applicable federal or state agency, may be painted a neutral color or painted and/or textured to match the existing structure so as to reduce visual obtrusiveness.
ii. 
If an antenna is installed on a structure other than a tower, the antenna and associated electrical and mechanical equipment must be of a neutral color that is identical to, or closely compatible with, the color of the supporting structure so as to make the antenna and related equipment as visually unobtrusive as possible. Roof-mounted antennas shall be made visually unobtrusive by screening to match existing air conditioning units, stairs, elevator towers or other background.
iii. 
Where feasible, telecommunications facilities should be placed directly above, below or incorporated with vertical design elements of a building to help in camouflaging.
iv. 
Telecommunications facilities shall not be placed in a direct line of sight with historic or scenic view corridors as designated by the Revere city council or by any state or federal law or agency.
v. 
Any equipment shelter or cabinet that supports telecommunications facilities must be concealed from public view or made compatible with the architecture of the surrounding structures or placed underground. Equipment shelters or cabinets shall be screened from public view by using landscaping or materials and colors consistent with the surrounding backdrop. The shelter or cabinet must be regularly maintained.
g. 
Landscaping.
i. 
Landscaping shall be used to effectively screen the view of the telecommunications facility from adjacent public ways, public property and residential property.
ii. 
Native vegetation on the site shall be preserved to the greatest practical extent. The applicant shall provide a site plan showing existing significant vegetation to be removed, and vegetation to be replanted to replace that lost.
iii. 
The inspector may waive or modify the landscaping requirement where lesser requirements are desirable for adequate visibility for security purposes, for continued operation of existing bona fide agricultural or forest uses such as farms, nurseries, and tree farms or where an antenna is placed on an existing structure. In certain locations where the visual impact of the tower would be minimal, such as remote agricultural or rural locations or developed heavy industrial areas, the landscaping requirement may be modified or waived by the inspector.
h. 
Maintenance impacts. Equipment such as a transmission facility shall be automated to the greatest extent possible to reduce traffic and congestion. Where the site abuts or has access to a local street, access for maintenance vehicles shall be exclusively by means of the local street.
i. 
Principal, accessory and joint uses.
i. 
Accessory structures used in a direct support of a telecommunications facility shall be allowed but not be used for offices, vehicle storage or other outdoor storage. Mobile or immobile equipment not used in direct support of a telecommunications facility shall not be stored or parked on the site of the telecommunications facility.
ii. 
Telecommunications facilities may be located on sites containing another principal use in the same buildable area.
j. 
Lot size and setbacks.
i. 
The following setback requirements shall apply to all telecommunication facilities, provided however, that the city council may reduce the standard setback requirements of this section if the goals of this section would be better served thereby.
(A) 
Telecommunications towers must be set back a distance equal to the height of the tower from any off-site residential structure.
(B) 
Towers, guy wires and accessory facilities must satisfy the minimum zoning district setback requirements.
(C) 
Telecommunications facilities must be setback from any property line a sufficient distance to protect adjoining property from the potential impact of telecommunications facility failure by being large enough to accommodate such failure on site, based on the engineer's analysis required in subsections (E) and (F) of this section.
ii. 
For antennas attached to the roof or a supporting structure on a rooftop, a 1:1 setback (example ten foot high antenna and supporting structure requires ten foot setback from edge of roof) shall be maintained unless an alternative placement is shown to reduce visual impact.
2. 
Additional requirements for towers.
a. 
Site location and development shall preserve the pre-existing character of the surrounding buildings and land uses and the zoning district as much as possible. Personal wireless telecommunication towers shall be integrated through location and design to blend in with existing characteristics of the site to the extent practical.
b. 
Existing onsite vegetation shall be preserved or improved, and the disturbance of the existing topography shall be minimized, unless such disturbance would result in less visual impact of the site to the extent practical.
c. 
At a tower site the design of the buildings and related structures shall, to the extent possible, use materials, colors, textures, screening and landscaping that will blend the tower and related facilities to the natural setting and building environment.
d. 
Towers shall not be located any closer than one thousand five hundred feet from an existing tower unless technologically requires or visually preferable.
e. 
When a tower is adjacent to a residential use, unit must be set back from the nearest residential lot line at least equal to its total height.
f. 
In no case shall a tower be located in the required front yard, back yard or side yard in a residential district.
g. 
Towers shall not be sited where they will negatively affect the historic or scenic view corridors as designated by the Revere city council, or any state or federal agency or where they will create visual clutter.
h. 
Towers shall be enclosed by decay-resistant security fencing not less than six feet in height and shall be equipped with appropriate anti-climbing device or other similar protective device designed to prevent tower access.
i. 
Placement of more than one tower on a lot shall be permitted, provided all setback, design and landscaping requirements are met as to each tower. Structures may be located as close to each other as technically feasible, provided tower failure characteristics of the towers on the site will not lead to multiple failures in the event that one fails.
F. 
Application procedures.
1. 
General application requirements for all building and special use permits. Application for a building permit shall be made to the inspector and special use permits for any telecommunication facility shall be made to the city council via the city clerk by the person, company or organization that will own and operate the telecommunications facility. An application will not be considered until it is complete. The following information shall be submitted when applying for any building permit, special use permit or other permit or variance included in this ordinance and must be submitted for an application to be complete.
a. 
Basic information.
i. 
Site plan or plans to scale specifying the location of the telecommunications facilities, transmission building and/or accessory uses, access, parking, fences, landscaped areas and adjacent land uses;
ii. 
Landscape plan to scale indicating size, spacing, and type of plantings required under subsection (E)(1)(g) of this section;
iii. 
A full description of the environment surrounding the proposed telecommunications facility, including any adjacent residential structures and sites of historic significance, streetscapes or scenic view corridors;
iv. 
A description of anticipated maintenance needs for telecommunications facility, including frequency of service, personnel needs, equipment needs, and traffic, noise or safety impacts of such maintenance;
v. 
Reports from a qualified, independent engineer licensed in the Commonwealth of Massachusetts:
(A) 
Telecommunications facility height and design, including technical, engineering, economic and other pertinent factors governing selection of the proposed design;
(B) 
Total anticipated capacity of the telecommunications facility, including number and types of antennae which can be accommodated;
(C) 
Evidence of structural integrity of the tower structure;
(D) 
Written, technical evidence that the proposed tower or telecommunications facilities cannot be installed or collocated on another tower and/or antenna located within one-half mile radius of the proposed telecommunication site because of the coverage requirements of the applicant's wireless communications system;
(E) 
A written statement that the construction and placement of the telecommunication facility will not interfere with public safety communications and the usual and customary transmission or reception of radio, television or other communications services enjoyed by adjacent residential and nonresidential properties;
(F) 
Written, technical evidence acceptable to the fire chief and the inspector that the proposed site does not pose a risk of explosion, fire or other danger to life or property due to its proximity to volatile, flammable, explosive or hazardous materials such as LP gas, propane, gasoline, natural gas or corrosive or other dangerous chemicals;
(G) 
Structural failure characteristics of the telecommunications facility and demonstration that size and setbacks are of adequate size to contain debris.
vi. 
A definition of the area of service to be served by the antenna or tower and whether such antenna or tower is needed for coverage or capacity;
vii. 
Information showing the proposed facility would provide the needed coverage or capacity;
viii. 
The identity of the community liaison officer appointed by the applicant to resolve issues of concern to neighbors and residents relating to the construction and operation of the facility. Include name, address, telephone number, facsimile number and electronic mail address, if applicable;
ix. 
Identification of the geographic service area for the subject installation, including a map showing the site and the nearest or associated telecommunications facility sites within the network. Describe the distance between the telecommunications facility sites. Describe how this service area fits into and is necessary for the service network;
x. 
Designation of which location preference, identified in subsection (D) of this section, above, the proposed facility is meeting. If the proposed location is not a preferred location (a) through (d) or is a disfavored site, describe: (a) what publicly-used building, colocation site or other preferred location sites are located within the geographic service area. Provide a list (by address with lot and block number noted) and a map at 1:200 scale of all buildings within the service area; (b) what good faith efforts and measures were taken to secure each of these preferred location sites; (c) why each such site was not technologically, legally or economically feasible and why such efforts were unsuccessful; and (d) how and why the proposed site is essential to meet service demands for the geographic service area and citywide network;
xi. 
Color photo simulations showing the proposed site with a photo-realistic representation of the proposed tower and/or antenna viewed from the nearest residential property and from adjacent roadways.
b. 
Five year plan and site inventory. Each application shall include a five-year facilities plan and site inventory including the following:
i. 
A list of all existing, to be upgraded or replaced, and proposed telecommunications facility sites within the city limits and within one mile of the city limits and a map showing these sites. The list must include the following information for each site:
(A) 
Street address;
(B) 
Assessors block and lot or other applicable ad valorem tax identification number;
(C) 
Zoning district;
(D) 
Type of building (commercial, residential, mixed use) and number of stories;
(E) 
The number of antennas and base transceiver stations per site and the location and type of antenna installations (stand alone, rooftop, building façade etc.) and location of the base transceiver station installation(s);
(F) 
The height from grade to the top of the antenna installation; and
(G) 
The radio frequency range in megahertz, the wattage output of the equipment and the effective radiated power.
ii. 
If the applicant does not know specific future tower and antenna site locations but does know of areas where telecommunications facilities will be needed within the next five years to provide service, the applicant shall list the assessor's blocks contained within the anticipated geographic service area and identify each geographic service area with a number that will correspond to the future telecommunication facility site.
c. 
Additional information requirements for towers.
i. 
If the proposed site is zoned RA, RA1, RB, RB1, RC, RC1, RC2 or RC3 and there are alternative sites in zoning districts NB, GB, GB1, CB, HB, TED, LI, IP or PDD1 or PDD2, the applicants must justify why those alternative sites have not been proposed. The city council will review with special care justifications that appeal only to undue expense and/or to undue difficulties in entering into a lease agreement. The city council shall carefully weigh such claims, and the evidence presented in favor of them, against a project's negative impacts at the proposed site.
ii. 
Applicants must identify all existing towers and all towers for which there are applications currently on file with the city council and the inspector. Applicants must provide evidence of the lack of space of all suitable existing towers to locate the proposed antenna and the lack of space on existing tower sites to construct a tower for the proposed antenna. If colocation on any such towers would result in less visual impact than the visual impact of the proposed tower, applicants must justify why such colocation is not being proposed. If colocation on any tower would increase negative visual impact, then the applicant must so state and demonstrate. The city council will review with special care justifications that appeal only to undue expense and/or undue expense and/or undue difficulties in entering into a lease agreement. The city council shall carefully weigh such claims, and the evidence presented in favor of them, against a project's negative impacts at the proposed site.
iii. 
In all zones, applicants must demonstrate that they cannot provide personal wireless communication service without the use of a telecommunication tower.
iv. 
The applicant shall quantify the additional tower capacity anticipated, including the approximate number and types of antennae. The applicant shall provide a drawing for each tower showing existing and proposed antennae locations. The applicant shall also describe any limitations on the ability of the tower to accommodate other uses, e.g., radio frequency interference, mass height, frequency or other characteristics. The applicant shall describe the technical options available to overcome those limitations and reasons why the technical options considered were not chosen to be incorporated. The city council shall approve those limitations if they cannot be overcome by reasonable technical means.
v. 
The applicant must provide a utilities inventory showing the locations of all water, sewage, drainage and power lines impacting the proposed tower site.
d. 
The applicant must provide any information which may be requested by the city council to fully evaluate and review the application and the potential impact of a proposed telecommunication facility.
2. 
Special use permits.
a. 
A request for a special use permit shall be initiated by application to the city clerk and handled in accordance with Section 17.48.070 of the city of Revere revised ordinance. The Revere city council may issue a special use permit under this section provided it shall have determined that all of the requirements of subsections (E) and (F) of this section have been satisfied and, further, that the benefits of and need for the proposed tower are greater than any possible depreciating effects and damage to the neighboring properties.
b. 
In granting a special use permit, the Revere city council may impose additional zoning conditions to the extent determined necessary to buffer or otherwise minimize adverse effects of the proposed tower or antenna on the surrounding properties.
G. 
Co-location. Applicant and owner shall allow other future wireless service companies, including public and quasi-public agencies, using functionally equivalent personal wireless technology to colocate antennae, equipment and facilities on a telecommunications facility unless specific technical constraints prohibit said co-location. Applicant and other personal wireless carriers shall provide a mechanism for the construction and maintenance of shared facilities and infrastructure and shall provide for equitable sharing of cost in accordance with industry standards.
H. 
Nuisances. Telecommunications facilities, including, without limitation, power source, ventilations and cooling, shall be operated at all times within the city of Revere noise ordinance, shall not be operated so as to cause the generation of heat that adversely affects a building occupant and shall not be maintained or operated in such a manner as to be a nuisance.
I. 
Removal of antennae and towers. All telecommunications facilities shall be maintained in compliance with standards contained in applicable building and technical codes so as to ensure the structural integrity of such facilities. If upon inspection by the inspector any such telecommunication facility is determined not to comply with the code standards or to constitute a danger to persons or property, the building commissioner may utilize the remedies available under Massachusetts General Laws Chapter 143, §§6-14. Moreover, the Revere city council may utilize the remedies available under Massachusetts General Laws Chapter 139, §§ 1-3B should it determine that a tower constitutes a "burnt, dilapidated or dangerous ... structure." Delay by the city council or the Inspector in taking such action shall not in any way waive the city's right to take action. The city may also pursue all legal remedies available to it to insure that telecommunications facilities not in compliance with the code standards or which constitute a danger to persons or property are brought into compliance or removed.
J. 
Abandoned towers.
1. 
Any telecommunications facility that is not operated for a continuous period of twelve months shall be considered abandoned, whether or not the owner of operator intends to make use of it or any part of it. The owner of a telecommunications facility and the owner or the property where the facility is located shall be under a duty to remove the abandoned telecommunications facility. If such antenna and/or tower is not removed within sixty days of receipt of notice from the city notifying the owner(s) of such abandonment, the city may remove such tower and/or antenna and place a lien upon the property for the costs of removal. The city may pursue all legal remedies available to insure that the abandoned telecommunications facilities are removed. Delay by the city in taking action shall not in any way waive the city's right to take action. The city may seek to have the telecommunications removed regardless of the owner's or operator's intent to operate the tower or antenna and regardless of any permits, federal, state or otherwise, which may have been granted.
2. 
If the owner of an abandoned tower or antenna wishes to use such abandoned tower or antenna, the owner first must apply for and receive all applicable permits and meet all of the conditions of this ordinance as if such tower or antenna were a new tower or antenna.
K. 
Pre-existing towers/nonconforming uses.
1. 
All telecommunications facilities operative on the effective date of this ordinance which were legally permitted by the Revere city council shall be allowed to continue their present usage as a non-conforming use and shall be allowed to continue their present usage in accordance with Section 17.40.010 of the city of Revere revised ordinance. Routine maintenance, including placement with a new tower or antenna of like construction and height, shall be permitted on such existing facilities. New construction other than routine maintenance shall comply with the requirements of this section.
2. 
A telecommunications facility that has received city approval as of the effective date of this ordinance in the form of either a building permit or special use exception, but has not yet been constructed or placed in operation shall be considered an existing telecommunications facility so long as such approval is current and not expired.
3. 
Placement of an antenna on a nonconforming structure shall not be considered an expansion of the nonconforming structure.
L. 
Coordination with federal law. Whenever the Revere city council finds that the application of this ordinance would unreasonably discriminate among providers of functionally equivalent personal wireless services or prohibit or have the effect of prohibiting the provision of personal wireless services, a conditional use permit waiving any or all of the provisions of this ordinance may be granted.
(C.O. 83-3 § 17-5(J); C.O. 85-4A § 36 (part); C.O. 89-33A; C.O. 97-105 § 10; C.O. 00-165 § 3A; C.O. 19-063/CZ-19-02, §§ 1—3, 5/20/2019; C.O. 20-110/CZ-20-03, § 1, 6/8/2020)

§ 17.16.115 Small cell wireless facilities in the public right-of-way.

A. 
Purpose. It is the purpose of this chapter to establish specific standards and procedures to authorize the installation of small cell wireless facilities on utility poles located in the public way. In addition to providing for reasonable regulation and orderly deployment of small cell wireless facilities, this chapter seeks to ensure the safety, non-interference, and visual quality of the public right-of-way and the city generally, while also providing the benefits of improved cell service. Notwithstanding any provision in the Revere Revised Ordinances to the contrary, this chapter shall govern such installations.
B. 
Authority. Consistent with Mass. Gen. Laws ch. 166, by amending the Revere Revised Ordinances to include this chapter, the city council has voted to authorize the director of municipal inspections to issue permits for small cell facilities that satisfy the criteria identified in this chapter.
C. 
Definitions.
"Applicant"
means any person, corporation, business, company or other entity or organization submitting an application to install a small cell facility.
"Application"
means a formal request submitted to the department of municipal inspections for a permit to install small cell facilities in the public right-of-way.
"Right-of-way"
means the area on, below, or above a public roadway, highway, street, sidewalk, alley, park, or similar public property within the city of Revere.
"Small cell facility"
means facilities defined by the Federal Communications Commission (FCC) in 47 C.F.R. 1.6002(1) for the provision of personal wireless services, including, but not limited to, commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services, and its equipment, which shall include, but not be limited to, antenna, radio, power source and meter, disconnect switch, fiber optic cable, required signage, and supporting equipment associated with wireless communications, if any, installed on a utility pole.
"Utility pole"
means either a privately owned or city-owned utility pole, or similar structure, located in the public right-of-way, used to support lighting, electric cables, telephone cables, telecommunication cables, or a similar function.
D. 
Application.
1. 
No applicant shall install a small cell facility without first obtaining a permit as provided in this chapter.
2. 
As part of the application process, an applicant shall first present the proposed small cell facility installation to the city of Revere site plan review committee for review in accordance with Revere Revised Ordinance chapter 17.17, where applicable.
3. 
All applications submitted pursuant to this section shall include the below described information. An applicant may seek permits for small cell facilities for multiple locations, and if so, shall include the following information for each such location under separate permits:
a. 
The application shall state: (i) name and address of the applicant; (ii) name and address of the owner(s) of the utility pole; (iii) utility pole number; (iv) name, address, telephone number, and email address of petitioner's attorney or agent; (v) name, address, telephone number, and email address of small cell facility owner(s)/wireless provider and (vi) address of nearest habitable structure or building including residential, municipal, schools, and/or business.
b. 
Plan, stamped and signed by a professional engineer, with a general description of the proposed work and showing the subject utility pole and the proposed small cell facility equipment from the power utility connection forward. Drawings shall be provided to scale with dimensions to show the pole length, and mounting configuration and heights of the small cell facility equipment. The electric meter socket shall be immediately followed by an emergency power disconnect, said disconnect to be immediately accessible to the fire department. Should an electric meter socket not be required by the power company, the emergency power kill shall be provided at the minimum equipment elevation provided in section 17.16.115(E)(7). The engineer shall also comment on the poles ability to support the equipment in consideration of severe weather conditions per the Massachusetts State Building Code for the coastal community of Revere.
c. 
Letter or license from the owner(s) of the utility pole, authorizing the installation of the small cell facility. Such a letter or license shall be deemed to constitute a structural certification by the owner(s) of the utility pole attesting to the integrity of the utility pole to support the small cell facility.
d. 
Evidence sufficient to reasonably satisfy the director of municipal inspections that the privately owned utility pole has an existing grant of location. Utility poles that support existing wires and cables shall be deemed to have an existing grant of location for purposes of this chapter.
e. 
License(s) from the Federal Communications Commission evidencing applicant's authority to transmit and receive wireless telecommunications, unless such license is already on file with the city. Or if not a wireless telecommunications provider, an affidavit evidencing that you are an unlicensed wireless service and that you do not have or are not required to be licensed by the FCC to transmit and receive wireless telecommunications.
f. 
Proof of liability insurance including "completed operation" coverage or its substantial equivalent.
g. 
Radio frequency ("RF") affidavit, signed by a professional radio frequency engineer, which includes a brief explanation of why the proposed small cell facility is needed to provide wireless service.
h. 
Radio frequency exposure (RFE) affidavit signed by a professional Radio Frequency engineer demonstrating that the proposed small cell facility complies with the maximum permissible exposures adopted by the Federal Communications Commission.
i. 
The owner/wireless provider shall submit installation summary as-built plans to the director of municipal inspections and the fire department's fire prevention officer, which shall include a plan showing installation locations of small cell facilities located within city of Revere boundaries. This plan shall include the network operation center (NOC) emergency contact information ("NOC numbers") for the applicant/provider. The submission shall also include a summary table of installation locations, which shall include but not be limited to, the small cell facility antenna information (site name), pole number, nearest street address, antenna description, operating frequency, FCC exposure limits at the antenna radome elevation, and height above grade. This information shall be submitted with each application or group of applications or upon request from the fire department as a permit condition to install small cell facilities in the city of Revere.
j. 
A fee equal to five hundred dollars for a single application including up to five locations and a fee of one hundred dollars for each additional location, with a check payable to the city of Revere.
4. 
An additional permit, which shall be subject to the provisions of this chapter, shall be required for the replacement of a small cell facility with another small cell facility at a currently approved location. The fee for a replacement permit application is one hundred dollars, with a check payable to the city of Revere. Additional permits shall not be required for general maintenance, repair, or modification of a previously permitted small cell facility.
E. 
Standard of review. The director of municipal inspections shall issue a permit to an applicant for the installation of a small cell facility within sixty days of the submission of an application submitted pursuant to this chapter, said submission shall include review by the site plan review committee as required in section 17.16.115(D)(2), if such applicant demonstrates the following:
1. 
The documents required in section 17.16.115(D)(3) have been completed and submitted, and the applicant has appeared before and presented the proposed small cell facility installation to the city of Revere site plan review committee as required in section 17.16.115(D)(2).
2. 
The small cell facility does not interfere with the safety and convenience of ordinary travel over the public right-of-way.
3. 
The small cell facility antenna shall be no lower than twenty-six feet or exceed sixty feet in height above the ground surface. The small cell facility antenna shall not extend the height of the pole by more than six feet.
4. 
The appearance of the small cell facility is similar to (a) the existing equipment on the utility pole or on other nearby utility poles, or (b) the color of the utility pole, or (c) another color reasonably requested by the director of municipal inspections or his/her designee.
5. 
The total volume of the antenna installed on the pole shall not exceed three cubic feet.
6. 
No part of the small cell facility equipment shall project sideways from the utility pole further than three feet if installed twenty-six feet or higher above the ground or further than two feet if installed below twenty-six feet above the ground.
7. 
No part of the small cell facility shall extend below eight feet above the ground if equipped with an electric meter socket, or ten feet above the ground without an electric meter socket.
8. 
A small cell facility has not already been installed on, or approved for installation on, the subject utility pole and no other small cell facility is installed on a utility pole within one hundred eighty feet of the subject utility pole.
9. 
The subject utility pole is installed plumb and true. The ground conditions around the pole do not indicate any movement of the pole and the area around the base of the pole is ADA compliant. The applicant may consider improving the conditions at the base of the pole and should provide such details as part of the professional engineer submission. Submissions for the installation on a double pole will not be considered unless the submission also addresses correction to the double poles including removing the compromised pole.
10. 
The proposed small cell facility complies with the maximum permissible exposures adopted by the FCC.
11. 
The proposed small cell facility shall not be installed at any location that is within ten feet of any habitable structure or building including residential, municipal, schools and/or businesses, provided it meets FCC regulations.
12. 
The location of the disconnect/power kill switch to be used in case of emergency by the Revere Fire Department shall be located in accordance with section 17.16.115(D)(3)(b) and in section 17.16.115(E)(7). As part of the permit, training shall be provided to the fire department, including review of the operations manual, posted signage, and safety operations for the disconnect/power kill after completion of the installation and before final powering of the small cell facility.
13. 
No city tree(s) shall be pruned or removed to accommodate the installation of a small cell wireless facility in the public way.
14. 
Any requirement of this section may be reduced or waived by the director of municipal inspections where the goals of this chapter or the interests of the city are better served thereby.
F. 
Effect of permit. Upon issuance of a permit to install a small cell facility, or after the passage of sixty days from filing/review by the site plan review committee with no action on the petition, a petitioner shall be authorized to commence installation subject to the requirements of this chapter after written notice to the director of municipal inspections by the applicant.
Any proposed changes to the dimensions or specification detailed in the application shall require a new application.
G. 
Effect of denial; appeal. In the event the director of municipal inspections denies a petition to install a small cell facility, he/she shall provide a written explanation for the denial to the applicant within sixty days following receipt of the application. Following issuance of such denial and explanation, the applicant may:
1. 
Submit a new application that satisfactorily addresses the reasons for denial, at which time the director of municipal inspections shall consider the new petition pursuant to this section; or
2. 
Within thirty days of issuance of such denial, the applicant may appeal the denial to the city council. Upon receipt of an appeal under this section, the city council shall consider the matter as a new application (i.e., de novo) at a publicly noticed hearing and allow the applicant to appear before the city council to support the appeal, submit further evidence to rebut the written explanation provided by the director of municipal inspections, and demonstrate that it has (a) satisfied the standard of review established in section 17.16.115(D); and (b) demonstrated that the relevant criteria contained in section 17.16.115(E) have been met. The city council shall reach a final decision and act on any appeal within sixty days. The applicant has the right of further appeal available under law.
H. 
Removal of small cell facilities.
1. 
Any small cell facility approved pursuant to this chapter shall be removed within ninety days and the relevant permit terminated if the city requires the removal of the utility pole for a public purpose where the small cell facility is located.
2. 
The permit holder shall notify the city if the small cell facility ceases to be used for its intended purpose, and shall remove all the permitted equipment no later than thirty days following cessation of use.
3. 
The director of municipal inspections, or his/her designee, is authorized under this section to order the removal of any small cell facility installed on a utility pole that has not been authorized pursuant to this chapter. Any party installing any such small cell facility shall be subject to penalties consistent with any and all applicable Federal and Massachusetts State Laws and Codes, and city of Revere Ordinances, including Title 8 and Title 17, which includes the State Sanitary Code (105 CMR 410), State Fire Code (527 CMR 1.00), and State Building Code (780 CMR 100), said Building Code which incorporates therein the International Property Maintenance Code, any violations of which will be subject to the penalties set forth in chapters 1.12 and 1.16, and/or suspension or revocation of any city-issued permit or license.
I. 
Other requirements.
1. 
The rate for the installation of a small cell facility on a city-owned pole shall be two hundred seventy dollars per pole per year.
2. 
Non-emergency repairs shall be performed as follows: (a) at least forty-eight hours advance notice shall be provided to the superintendent of public works and the police department; (b) a police detail may be required; and (c) work shall be performed weekdays during hours designated by the superintendent of public works.
3. 
Annually, before the end of February of each year, each permit holder shall submit to the director of municipal inspections and the fire department the requirements outlined in section 17.16.115(D)(3)(i) if such documents haven't been submitted within the past year as part of a proposed installation application. These documents are used for emergency response information only and to limit exposure to responders and the general public should an issue arise with or near a small cell facility installation.
(C.O. 20-110/CZ-20-03, § 1, 6/8/2020)

§ 17.16.120 Post office or mail receiving center.

A post office erected, constructed, placed, altered or otherwise changed may be allowed by right in the PDD1, PDD2, NB, GB, GB1, CB, HB, TED, LI and IP districts, and only by special permit in RA, RA1, RB, RB1, RC, RC1, RC2 or RC3 districts by the city council in conformance with the dimensional and parking control requirements of this title and the following minimum criteria:
A. 
One off-street parking space shall be provided for every two hundred square feet of space used for postal purposes that is available to the public.
B. 
The building used for post office purposes shall meet the following minimum setback requirements, and no auxiliary structures or parking facilities shall be allowed on the required setbacks:
1. 
Twenty feet, front and side yards;
2. 
Forty feet, rear yard, and that no auxiliary structures or parking facilities be allowed on the required setbacks.
(C.O. 83-3 § 17-5(K); C.O. 85-4A § 36 (part); C.O. 90-237 § 10; C.O. 97-105 § 11)

§ 17.16.130 Laboratory and/or research facility.

Laboratories and/or research facilities erected, constructed, placed, altered, converted or otherwise changed may be allowed only by special permit in GB, CB, HB, TED, LI, IP, PDD1 and PDD2 zones by the city council in conformance with the dimensional and parking-control requirements of this title and the following minimum criteria:
A. 
The user shall file a statement with the city council concerning the uses and their public safety hazards (if any).
B. 
The council may impose conditions to safeguard public health in addition to state and federal regulations. The intent of any additional operational conditions must be to ameliorate possible public health safety problems, and not for punitive or arbitrary reasons.
(C.O. 83-3 § 17-5(L); C.O. 87-661 § 5; C.O. 97-105 § 12)

§ 17.16.140 Funeral home.

Funeral homes erected, constructed, placed, altered, converted or otherwise changed may be allowed only by special permit in RB, RB1, RC, RC1, RC2, RC3, NB, GB, GB1, CB, HB and PDD2 and all commercial categories and the industrial district by the city council in conformance with the dimensional and parking-control requirements of this title and the following minimum criteria:
A. 
One off-street parking space shall be provided for every two hundred fifty gross square feet of funeral home space.
B. 
All structures shall have two driveways, and one clearly defined loading zone.
C. 
The parcel size shall be at least ten thousand square feet.
(C.O. 83-3 § 17-5(M); C.O. 85-4A § 36 (part); C.O. 87-661 § 6; C.O. 97-105 § 13)

§ 17.16.150 Special garage.

A special garage erected, constructed, placed, altered, converted or otherwise changed may be allowed only by special permit in the HB and TED districts by the city council in conformance with the dimensional and parking controls of this title and the following minimum criteria:
A. 
The building housing the special garage shall be constructed of masonry or similar fire-resistant material.
B. 
No other business or residential uses shall be allowed in the structure that is housing a special garage.
(C.O. 83-3 § 17-5(N); C.O. 96-17 § 28))

§ 17.16.160 Medical or dental office.

A medical or dental office erected, constructed, placed, altered, converted or otherwise changed may be allowed by right in the RC, RC1, RC2, RC3, PDD1, PDD2, GB, GB1, CB, HB, TED, LI and IP districts, and only by special permit in the NB, RB and RB1 districts by the city council in conformance with the dimensional and parking-control requirements of this title, except as specifically changed by this section:
A. 
One parking space per one hundred fifty square feet of office space is required.
B. 
The facility shall be for outpatient services.
C. 
Minimum parcel size shall be five thousand square feet.
(C.O. 83-3 § 17-5(O); C.O. 83-3 (part); C.O. 85-4A § 36 (part); C.O. 88-21 § 1)

§ 17.16.170 Professional office (in residence district).

A professional office erected, constructed, placed, altered, converted or otherwise changed may be allowed by right in the RC, RC1, RC2, RC3, PDD1, PDD2, NB, GB, GB1, CB, HB, TED, LI and IP districts and only by special permit in the RA, RA1, RB and RB1 districts by the city council in conformance with the dimensional and parking-control requirements of this title, except as specifically changed by this section:
A. 
The professional office use shall not exceed twenty percent of the gross square footage of the residential structure, excluding basements.
B. 
One additional off-street space is required in addition to the residential requirements.
(C.O. 83-3 § 17-5(P); C.O. 85-4A § 36 (part); C.O. 97-105 § 14)

§ 17.16.175 Professional office park.

A professional office park erected, constructed, placed, altered, converted or otherwise changed, may be allowed by right in the PDD2 and TED districts and only by special permit in the RB, RC, RC1, RC2, RC3, PDD1, NB, GB, GB1, CB, HB, LI and IP districts by the city council in conformance with the dimensional and parking control requirements of this title, except as specifically changed by this section.
A. 
There shall be no public restaurants, however, eating facilities and other amenities for office park occupants and guests is permitted.
B. 
One parking space per three hundred square feet of general business and professional office space; and, one parking space per two hundred square feet of medical and dental office space is required.
C. 
Minimal parcel size shall be five acres.
D. 
No retail businesses shall be allowed except for sales and services reasonably incidental to an office park complex.
E. 
The structure shall meet the following setback requirements:
1. 
Twenty feet front yard;
2. 
Fifty feet side and rear yard.
F. 
Maximum height of any new structure shall not exceed two and one-half stories or thirty-five feet. However, if any preexisting structure is altered or reconstructed, its height shall not exceed its existing number of stories.
G. 
Genetic engineering and the handling of volatile or hazardous substances that endangers the public health, safety and welfare is forbidden.
H. 
The lot coverage, excluding accessory structures and parking facilities, shall not exceed twenty-five percent of the land area.
I. 
Fifteen percent of the land shall be designated "open space."
(C.O. 88-20 § 2; C.O. 97-105 § 15)

§ 17.16.180 Recreational use.

A recreational use (gainful business) erected, constructed, placed, altered, converted or otherwise changed may be allowed only by special permit in the RC2, GB, CB, HB, TED, IP, PDD1 and PDD2 districts by the city council in conformance with the dimensional and parking control requirements of this title, except as specifically changed by this section:
A. 
One off-street parking space shall be provided for every one hundred fifty gross square feet of building space.
B. 
The minimum lot size shall be ten thousand square feet.
(C.O. 83-3 § 17-5(Q); C.O. 87-661 § 11; C.O. 90-237 § 11; C.O. 97-105 § 16)

§ 17.16.190 Fast-food/take-out/drive-in restaurant.

A fast-food/take-out/drive-in restaurant erected, constructed, placed, altered, converted or otherwise changed may be allowed by right in the HB district and only by special permit in the GB and the CB, PDD1, TED and PDD2 districts by the city council in conformance with the dimensional and parking-control requirements of this title, except as specifically changed by this section:
A. 
A fast-food/take-out/drive-in restaurant must occur as a freestanding use, or in conjunction with other commercial activities.
B. 
The minimum parcel size shall be ten thousand square feet.
C. 
One off-street parking space shall be provided for every one hundred fifty square feet of building space.
D. 
Any drive-up windows associated with the fast-food/take-out/drive-in restaurant shall be so designed as to have a stacking capacity of at least ten cars (two hundred feet), without intruding onto the onsite parking circulation lanes.
E. 
Landscape and screening plans shall be proposed by a landscape architect.
F. 
Lights shall be provided and all lights shall be shielded from streets and adjoining properties.
G. 
Tenants or users of the spaces shall be limited to residences abutting or within two hundred feet of the lot.
H. 
The above criteria shall not be required for the sale of ice cream and frozen desserts wherein the sale of ice cream and frozen desserts are not the primary use of the building.
I. 
In the PDD1 district, a fast-food/take-out/drive-in restaurant shall be allowed by right where the use is incident or accessory to a principal commercial use.
(C.O. 83-3 § 17-5(R); C.O. 83-508A § 12; C.O. 85-250 § 1; C.O. 87-661 § 7; C.O. 90-237 § 12; C.O. 97-105 § 17; C.O. 01-489 § 4; C.O. 01-489 § 4 (part); C.O. 03-75A § P)

§ 17.16.200 Theater.

A theater erected, constructed, placed, altered, converted or otherwise changed may be allowed by right in the PDD1, PDD2, GB, CB, HB and IP districts and only by special permit in the RC, RC1, RC2 and RC3 districts by the city council in conformance with the dimensional and parking-control requirements of this title, except as specifically changed by this section:
A. 
The theater shall provide one off-street parking space for every four seats in addition to those required for residential purposes.
B. 
The access to the theater shall be so provided as not to interfere with residential access of the structures.
C. 
The theater shall be constructed so that no sounds emanating from its use can be heard in any residential portion (including hallways) of the building.
(C.O. 83-3 § 17-5(S); C.O. 97-105 § 18)

§ 17.16.205 Kennel.

A kennel as defined in Section 17.08.390 of this chapter erected, constructed, placed, altered, converted, or otherwise changed may be allowed by right in the PDD1 and PDD2 districts, and by special permit in the HB and TED Districts by the city council in conformance with the dimensional and parking control requirements of this title, except as specifically changed by this section.
A. 
No kennel shall be placed or used within two hundred fifty feet of a residential use or residential district, except when a kennel and residential use or residential district is separated by a highway.
B. 
The user shall file a statement with the city council concerning the safeguards and protections it has put into place to insure compliance with state and local health and safety mandates.
C. 
The council may impose such reasonable conditions to safeguard the health and safety of the general public.
(C.O. 20-358, 12/7/2020; C.O. 02-569 § 2)

§ 17.16.210 Construction storage yard.

A building construction and/or contracting storage yard or facility erected, constructed, placed, altered, converted or otherwise changed may be allowed only by special permit in the HB, PDD2, LI, TED and IP districts by the city council in conformance with the dimensional and parking-control requirements of this title, except as specifically changed by this section:
A. 
The primary building shall be constructed in such a manner as to be consistent with the building line of the surrounding commercial uses.
B. 
All storage of vehicles, machines or material shall be behind the principal building, and that no storage of vehicles, machines or material be located in front of the principal building.
C. 
The area behind the principal building shall be surrounded by a fence of at least six feet high, which prevents a direct view from the surrounding commercial areas into the rear of the primary building.
(C.O. 83-3 § 17-5(T); C.O. 87-661 § 8; C.O. 91-23 § 6 (part); C.O. 97-105 § 19)

§ 17.16.220 Marina.

A marina erected, constructed, placed, altered, converted or otherwise changed may be allowed by right in the HB, TED and LI districts and only by special permit in apartment districts (RC, RC1, RC2) by the city council in conformance with the dimensional and parking-control requirements of this title, except as specifically changed by this section:
A. 
The marina facilities shall be restricted to the related project.
B. 
The marina/apartment project shall provide 1.75 off-street parking spaces per residential unit.
C. 
The minimum parcel size shall be twenty thousand square feet.
(C.O. 83-3 § 17-5(U))

§ 17.16.230 Warehouse.

A warehouse erected, constructed, placed, altered, converted or otherwise changed may be allowed by right in the TED districts and only by special permit in the GB, CB, HB, LI, IP, PDD1 and PDD2 districts by the city council in conformance with the dimensional and parking regulations of this title, except as specifically changed by this section:
A. 
The warehouse use shall be confined to the rear fifty percent of the structure, and that the forward fifty percent of the structure be utilized for the general retail, service or office activities, allowed in the GB and CB districts.
B. 
All delivery and loading zones be located at the rear of the warehouse.
(C.O. 83-3 § 17-5(V); C.O. 87-661 § 9; C.O. 97-105 § 20)

§ 17.16.235 Warehouse construction.

Warehouse facilities, as defined in Section 17.08.901 of this title, shall be constructed of masonry or similar fire resistant material. No flammable, toxic or hazardous materials, as determined by the chief of the fire department, shall be stored in any warehouse facility.
(C.O. 88-530 § 5)

§ 17.16.240 Fill or excavation operation.

Fill or excavation operations shall be conducted only by special permit in the RA, RA1, RB, RB1, RC, RC1, RC2, RC3, PDD2, NB, CB, GB, HB, TED, LI and IP districts granted by the city council, provided the following are in compliance:
A. 
Drawings to a scale not greater than one hundred feet to an inch, with contours shown at least at two-foot intervals, indicating the elevations before and after the proposed filing or excavation, and the location of the area to be worked are to be submitted to the building inspector, planning board, city engineer, health agent and superintendent of public works. A concept plan for future use of the land must also be submitted.
B. 
Permits issued under this section by the building inspector shall be valid for six months from the date of issue and may be renewed by the building inspector upon reapplication.
C. 
The fill or excavation ordinance shall not apply to buildable lots, where such removal is incidental to and in connection with operations by the city, with the construction of a building on the premises for which a building permit has been issued in accordance with the building code, and with the development of an approved subdivision. This subdivision exception shall not exceed a period of one year from the date of the planning board's endorsement on the final approved subdivision plan and upon expiration of this one-year period, this title shall be in full effect.
D. 
Permits issued under this section shall not be for sludge, ash residue or any end product of incineration, composting or any process associated with the processing and disposal of refuse or solid waste, or treated or untreated toxic, or hazardous wastes or sewerage or effluent of any kind.
(C.O. 83-3 § 17-5(W); C.O. 88-18 § 1; C.O. 97-105 § 21)

§ 17.16.250 (Reserved) [1]

[1]
Editor's note: Former § 17.16.250, which pertained to standing signs and derived from C.O. 83-3 § 17-5(Y); C.O. 85-4A, § 36(part); C.O. 87-661 § 10; C.O. 90-237 § 9; and C.O. 97-105 § 22, was repealed 5/7/2018 by C.O. 18-075/CZ-18-04.

§ 17.16.251 Standing accessory signs.

A. 
Standing signs that are strictly accessory signs erected, constructed, placed, altered, converted or otherwise changed may be allowed by right in the PDD1, PDD2, GB, GB1, CB, HB, TED, LI and IP districts and only by special permit in the residential RC, RC1, RC2 and NB districts by the city council in conformance with the regulations set forth in Section 17.36.042 of this title, except as specifically changed by this section:
1. 
The topmost height of any standing accessory sign in the RC, RC1, RC2 and NB districts shall not exceed fifteen feet.
2. 
No portion of the standing accessory sign shall be within five feet of a public walkway, ten feet of a public roadway or twenty feet of a residential structure.
3. 
The standing accessory sign shall be constructed to shield all residential units, contained within the lot upon which the sign is affixed, from light emitting directly from the sign. The building inspector shall be required to inspect the sign in question and to certify in writing to the city council that the proper shielding from direct lighting has been constructed, before a special permit can be issued.
4. 
No standing accessory sign in a residential RC, RC1, RC2 or NB district will be illuminated between the hours of two a.m. and seven a.m.
5. 
No standing accessory sign in the residential RC, RC1 and RC2 districts shall contain any moving, flashing or animated lights or visible moving or movable parts.
B. 
Further, standing accessory signs within the GB, CB, PDD2, TED, LI, IP, HB, and PDD1 districts which exceed a height of twenty feet and a sign area of forty square feet may only be allowed by special permit in conformance with the regulation set forth in Section 17.36.042 and the following minimum criteria:
1. 
The standing accessory sign shall not be illuminated beyond eleven p.m. where such sign abuts a residential area;
2. 
There shall be appropriate landscaping around the base of the sign;
3. 
A standing accessory sign shall not be fixed to the roof;
4. 
A standing accessory sign shall be located at the furthest point away from abutting residential property.
C. 
Notwithstanding anything to the contrary contained herein, for a development within the PDD1 district, standing accessory signs and standing accessory multi-use signs at each vehicular entrance to such development shall be permitted as of right, provided that no sign shall be larger than five hundred square feet in area and provided further that all such signs shall be subject to approval of the site plan review committee.
(C.O. 83-508A § 3; C.O. 91-62 § 2 (part); C.O. 97-105 § 23; C.O. 13-279/CZ-13-06, § 10, 12/9/2013)

§ 17.16.252 Standing accessory multiuse signs.

Standing signs, which are accessory and allow for other nonaccessory signage, may be erected, constructed, placed, altered, converted or otherwise structurally changed only by special permit in the HB, TED, LI and IP districts by the city council in conformance with the regulations set forth in Section 17.36.043 of this title, except as specifically changed by this section as follows:
A. 
At the time of the public hearing the applicant shall provide written information to the council indicating that the city building inspector has reviewed the construction drawings and has, in writing, approved the drawings as to their conformance with all construction and safety standards as may be required by the city and the commonwealth.
B. 
The accessory sign area must not exceed ninety square feet; each nonaccessory sign must not have a sign area which exceeds forty square feet. In no instance shall the area of a nonaccessory sign exceed the area of the accessory sign.
C. 
The nonaccessory sign must be advertising signs for businesses within the adjacent HB, TED, LI or IP district, which are within a radius of six hundred and fifty feet from the lot in which the sign is to be placed. The location of the multiuse standing accessory sign shall only be allowed on a lot adjacent to the common roadway servicing such businesses to be advertised. Also, no more than one nonaccessory sign shall be permitted per business location.
D. 
The maximum height of any standing multiuse sign shall not exceed thirty-five feet; and have clearance from the ground of ten feet.
E. 
No portion of the standing multiuse sign shall be within five feet of a public walkway, ten feet of a public way or twenty feet of any residential structure.
F. 
No sign, whether accessory or nonaccessory shall be illuminated beyond eleven p.m. where such sign abuts a residential area.
G. 
No sign, whether accessory or nonaccessory, shall contain any moving, flashing or animated lights or visible moving or movable parts.
H. 
There shall be appropriate landscaping provided at the base of the sign.
I. 
That the installation of such signs adjacent to state highways comply with state and federal regulations.
(C.O. 91-253 § 1; C.O. 97-105 § 24)

§ 17.16.260 Accessory use.

In all districts, accessory buildings or uses, as defined in Chapter 17.08 of this title, shall be permitted in any district when incidental to conforming principal building use, subject to the following provisions:
A. 
No accessory structure shall be used as a dwelling, except in an industrial district for the accommodation of a watchman. For purposes of interpretation, any addition to any residential structure attached to the principal structure by a breezeway, arbor way or similar structure and/or an unheated structure with or without a foundation shall be considered an extension of the principal building. Accessory dwelling units, as defined in Section 17.08.055, shall be excluded from this section. Accessory uses normally incidental to a permitted use within the IP district shall include that accessory to scientific uses.
B. 
In residential districts RA, RA1, RB, RB1, RC, RC1 and RC2 all accessory buildings will be clearly used for purposes incidental to residential use, or maintenance of residential properties.
C. 
1. 
In residential districts RA, RA1, RB, RB1, RC, RC1, RC2 and RC3 and neighborhood business district NB, and commercial districts GB and CB, no accessory structure shall be used for the commercial storage of hazardous materials, as defined by the building inspector, or flammable and/or toxic materials.
2. 
In all instances, in all zoning districts, accessory structures shall have one-hour fire-rated walls with openings.
D. 
No accessory structure shall be higher than one story or fifteen feet. In industrial districts, no accessory structure shall exceed fifty feet in height.
E. 
Accessory structures attached to principal structures shall be included in the dimensional calculations specified in Chapter 17.24.
F. 
1. 
Detached accessory structures may be erected on a rear yard, provided that no more than ten percent of the rear yard is occupied by such structures and no accessory structure is located within the required side yards, and within two feet of the rear lot line.
2. 
No wall of a swimming pool, hot tub or spa whether in ground or above ground shall be located less than six feet from any rear or side property line or ten feet from any street property line.
G. 
The building inspector may grant a permit for a temporary building or use incidental to a building development, such as but not restricted to a construction or sales office, which does not comply with the provisions of this title, where reasonably required by such development. Permits may be issued for an initial period of six months. Provided that construction has commenced, and that construction is continuous and ongoing, permits may be renewed not to exceed a period of two years in increments of six months.
H. 
Accessory parking may be allowed in association with a hotel use for guests staying overnight at the hotel and leaving their vehicles in the hotel parking lot for the purpose of enabling said overnight guests to fly out of Logan Airport, provided that:
1. 
No separate fee is paid for parking; and
2. 
The accessory parking spaces do not include or infringe upon the parking spaces required for the hotel use.
(C.O. 85-4A §§ 16, 36; C.O. 98-293A §§ 6, 8, 9; C.O. 01-489 § 6, 2001; C.O. 17-284/CZ-17-04, § 22, 9/11/2017)

§ 17.16.270 Outdoor storage area.

No outdoor storage of material, equipment or vehicles shall be established or maintained in any district, except the TED, LI and IP districts, and then only when incidental to the operation of a business or industry and only in compliance with the following regulations:
A. 
No storage material shall be placed within thirty feet of the lot line where the use abuts a residential area; further provided that no outdoor storage of personal property, material or equipment shall be allowed associated with warehouses as defined in Section 17.08.901 as amended.
B. 
The storage area shall be enclosed by a fence or wall not less than six feet high; additional fence height may be required by the building inspector.
C. 
No materials which may cause dust or fumes may be stored outside without proper coverage. The building inspector shall determine the type of cover required.
D. 
The requirements of this section are in addition to any outdoor storage requirements adopted or which may be adopted by the city.
(C.O. 83-3 § 17-6(B)(8); C.O. 88-530 § 2; C.O. 97-105 § 25)

§ 17.16.280 Retaining wall.

Please refer to the Massachusetts Code of Regulations relative to retaining walls.
(C.O. 83-3 § 17-9(H); C.O. 18-330/CZ-18-18-09, § 1, 12/17/2018)

§ 17.16.290 Storage tank.

Tanks for the storage of flammable fluids shall be located within structures designed to store flammable fluids or located underground.
(C.O. 83-3 § 17-9(I))

§ 17.16.300 General retail sales and services in the RC1 and IP districts.

General retail sales and service establishments erected, constructed, placed, altered, converted or otherwise changed may be allowed by right in the RC2, RC3, PDD1, PDD2, GB, CB, HB and TED districts and by a special permit in the RC1, GB1 and IP districts granted by the city council in conformance with the dimensional and parking control requirements of this title except as specifically changed by this section.
A. 
The use in question shall be located and principally accessed from the frontage (street address) portion of the lot in question.
B. 
The minimum frontage utilized by the use in question shall be at least sixty feet.
C. 
General retail sales and services shall not exceed twenty-five percent of the first floor gross square footage of the building (building footprint) in which it is located.
D. 
The above criteria shall pertain to general retail sales and services on the first three stories of a building in the RC1 district and shall not apply for retail sales and service establishments above the fourth floor.
(C.O. 85-4A § 16(D)(part); C.O. 97-105 § 26)

§ 17.16.305 Food trucks.

"Food truck" means any mobile food vehicle or operation, whether motorized or propelled by human power, or temporary food station, which cooks, prepares, stores, packages, serves, sells, or otherwise provides any food or beverages for human consumption either on or off premises to the general public, for a fee or free of charge. This includes, but is not limited to, food carts, pushcarts, and food stands. Mobilized ice cream trucks that provide already prepared or prepacked frozen dairy or frozen water-based food products under M.G.L. c. 270 § 25 and 520 CMR 15.0 shall not be included in this definition.
(C.O. 25-124, 6/2/2025)

§ 17.16.310 Restaurants (non-fast food).

A. 
Restaurant (non-fast food) establishments are allowed by right in the RC2, PDD1, PDD2, GB, CB, HB, TED, and IP districts. In the RC, RC2, NB, and GB1 districts restaurants (non-fast food) may be erected, constructed, placed, altered, converted, or otherwise changed only by special permit granted by the city council in conformance with the dimensional and parking control requirements of this title, and the following minimum requirements:
1. 
The use in question shall be located and principally assessed from the frontage (street address) portion of the lot in question.
2. 
The minimum frontage utilized by the use in question shall be at least sixty feet.
3. 
Restaurant (non-fast food) establishments must utilize a space equivalent to fifty percent of the first-floor gross square footage of the building (building footprint) in which it's located.
4. 
Parking requirements set forth in Section 17.28.020 pertaining to restaurants (non-fast food) i.e., one space per four seats, shall be provided on-site and in addition to any other parking spaces required for commercial or residential uses. In no instance shall any other commercial or residential parking spaces be counted or shared by the restaurant (non-fast food) establishment.
5. 
The above criteria, subsections 1—3, shall pertain to restaurant (non-fast food) establishments on the first three stories of buildings in the RC1 district and shall not apply to restaurant (non-fast food) establishments above the fourth floor.
B. 
Outdoor dining in the public way. Food and/or alcoholic beverages shall not be served outside of the licensed premises without written approval of the License Commission expanding the license's premises. All outdoor dining areas in the public way shall comply with all applicable state and municipal codes, and the American with Disabilities Act (ADA) requirements.
1. 
In the RC, RC1, NB, and GB1 districts, outdoor dining in the public way shall be an allowable use in conformance with the conditions set by the city council in the establishment's special permit.
2. 
Site plan review committee shall review applications for outdoor dining and make recommendations for conformance prior to approval from the license commission expanding the license's premises.
C. 
Every license and permit issued shall contain a condition that the person accepting the same shall conform to the laws of the commonwealth, the provisions of this revision, and all other ordinances of the city of Revere and the specifications in the license or permit; that the license or permit may be revoked at any time by the authority issuing it unless otherwise provided by law; that the licensee will indemnify and hold harmless the city from any damages it may sustain or be required to pay by reason of performing the work licensed or permitted, or by reason of any act or neglect by the licensee or permittee, or by any of the licensee's or permittee's employees relating to such work, or by reason of the violation of any specification contained in the license or permit; provided, that nothing contained in this section shall be construed to prevent the insertion of any other specification deemed advisable by the authority issuing the license or permit.
(C.O. 85-4A § 16(F); C.O. 97-105 § 27; C.O. 23-219, § 6, 11/13/2023)

§ 17.16.320 Private parking lots, structure in the RB district.

Private parking lots, structures associated with commercial, industrial, or multifamily residential uses may be allowed by right in the RC, RC1, RC2, RC3, PDD1, PDD2, NB, GB, GB1, CB, HB, TED, LI and IP districts and only by special permit in the RB and RA1 districts by the city council in conformance with the dimensional and parking control requirements of this title and the following minimum criteria:
A. 
Screening areas between parking lots, structures and residential or educational uses shall be at least six feet in width and shall be screened by landscaping and stockade fencing.
B. 
Parking lots, structures shall be appropriately lighted at all entrances and exits.
C. 
Parking structures shall not exceed twenty-five feet in height and shall be set back at least twenty feet from the rear property line.
(C.O. 88-49 § 7 (part); C.O. 97-105 § 28; C.O. 03-75A § 4)

§ 17.16.330 General manufacture and repair within the PDD-1 district.

General manufacture and repair facilities may be allowed by right in the TED district and within the PDD-1 district by a special permit granted by the city council in conformance with the following criteria:
A. 
The use in question shall be located and principally accessed from Route 1A (Lee Burbank Highway);
B. 
The use in question shall not be located within two hundred feet of any residential use or district.
(C.O. 90-237 § 14)

§ 17.16.340 Warehouse within the PDD-1 district.

A warehouse may be allowed in the PDD-1 district by a special permit granted by the city council in conformance with the following minimum criteria:
A. 
The use in question shall be located and principally accessed from Route 1A (Lee Burbank Highway);
B. 
The use in question shall not be located within two hundred feet of any residential use or district.
(C.O. 90-237 § 15)

§ 17.16.350 Wholesale and product distribution activities within the PDD-1 or TED district.

Wholesale and product distribution activities may be allowed in the PDD-1 or TED district by a special permit granted by the city council in conformance with the following minimum criteria:
A. 
The use in question shall be located and principally accessed from Route 1A (Lee Burbank Highway);
B. 
The use in question shall not be located within two hundred feet of any residential use or district.
(C.O. 90-237 § 16; C.O. 01-489 § 2, 2001)

§ 17.16.365 Commercial automotive storage/parking within the PDD2 district.

Commercial automotive storage/parking within the PDD2 district may only be allowed by special permit in conformance with the following minimum criteria:
A. 
The use in question shall be for the storage of automobiles only. For the purpose of this section the storage of buses and trucks is prohibited.
B. 
No access or egress shall be permitted on Kimball Avenue.
C. 
The use in question shall be principally accessed by Route 1A (VFW Parkway).
D. 
The use in question shall not occupy more than six acres.
E. 
A fifty-foot-deep landscaped buffer zone must be provided between the use in question and all abutting residential uses and along all property lines where such property lines front on a public way.
(C.O. 91-23 § 6 (part); C.O. 97-105 § 29))

§ 17.16.370 Independent elderly housing.

Independent elderly housing erected, constructed, placed, altered, converted or otherwise changed may be allowed by a special permit in the RC, RC1, RC2, RC3, LI, NB, GB, CB, HB, PDD1 and PDD2 districts in conformance with the dimensional and parking control requirements of this title except as specifically changed by this section.
A. 
Minimum parcel size shall be ten thousand square feet in the NB, GB, CB, HB, RC and RC3 districts.
B. 
Minimum set backs in the NB, HB, GB, CB, HB, LI and PDD2 districts shall be of at least twenty feet in the front, rear and each side.
C. 
At least one parking space shall be provided for each bedroom.
(C.O. 91-23 § 6 (part); C.O. 97-105 § 30)

§ 17.16.380 Elderly housing congregate care.

Elderly housing congregate care erected, constructed, placed, altered, converted or otherwise changed may be allowed by special permit in the RC, RC1, RC2, RC3, PDD2, HB, LI, NB, GB and CB districts in conformance with the dimensional and parking control requirements of this title except as specifically changed by this section.
A. 
Minimum parcel size shall be ten thousand square feet in the RC, NB, GB, CB and HB districts.
B. 
Minimum setbacks in the RC, NB, GB, CB and HB districts shall be of at least twenty feet in the front, rear and each side.
C. 
At least one parking space shall be provided for each bedroom.
(C.O. 91-23 § 6 (part); C.O. 97-105 § 31)

§ 17.16.390 Motel.

A motel erected, constructed, placed, altered, converted or otherwise changed may be allowed by special permit in the PDD1, HB, LI and IP districts in conformance with the following minimum criteria: A fifty-foot-wide landscape buffer must be provided along the front of such use.
(C.O. 91-62 § 2 (part); C.O. 91-23 § 6 (part); C.O. 97-105 § 32)

§ 17.16.400 Training school for profit.

A training school for profit erected, constructed, placed, altered, converted or otherwise changed may be allowed by special permit in the PDD1, RC, RC1, RC2, RC3, TED, LI, IP, NB, GB, GB1, CB, HB and PDD2 districts in conformance with the following criteria:
For the purpose of this section, tractor trailer schools and automotive repair schools are prohibited.
(C.O. 91-62 § 2 (part); C.O. 91-23 § 6 (part); C.O. 97-105 § 33)

§ 17.16.410 Car wash.

A car wash (automatic or self-service) erected, constructed, placed, altered, converted or otherwise changed may be allowed by special permit in the GB, HB and TED districts in conformance with Section 17.48.080 of this title and the following minimum criteria:
A. 
The minimum parcel size shall be twenty thousand square feet.
B. 
One off-street parking space shall be provided for every one hundred fifty gross square feet of office and storage space.
C. 
The queuing area for each bay of an automatic car wash shall be designed to handle a minimum stacking capacity of eight vehicles and be a minimum of one hundred sixty feet. The minimum queuing area for each bay of a manual car wash shall be designed to handle a minimum stacking capacity of five vehicles and be a minimum of one hundred feet. The stacking lanes shall not intrude onto the on-site parking circulation lanes and driveway entrances. All queuing is prohibited on adjoining public or private ways.
D. 
Drainage designs shall be provided to establish that driveway exits shall not allow any water from the car wash facility to collect within adjoining public or private ways.
E. 
An automatic car wash shall be equipped with a mechanical dryer operation at the end of each wash cycle; a drip time in the wash cycle between the last application of water and the blower; water reclamation facilities; and at least one attendant assigned exclusively to the car wash during all hours of operation.
F. 
The following additional provisions shall be applicable to self-service car wash facilities: an on-site defined paved area for drying and interior cleaning of vehicles which shall be separate from other areas described herein for parking, stacking and circulation aisles.
(C.O. 99-92 § 3)

§ 17.16.420 Commercial parking lot/structure within the PDD1, PDD2 and CB district.

Commercial parking lot/structure may be allowed in the PDD1, PDD2 and CB district by a special permit granted by the city council in conformance with the following minimum criteria: The parking lot/structure shall only serve municipal parking needs associated with parking demands of the CB district.
(C.O. 91-62 § 2 (part))

§ 17.16.430 General manufacturing and repair within the PDD1, LI and IP districts.

General manufacturing and repair facilities may only be allowed by right in the technology enterprise district and by a special permit in the PDD1, LI and IP districts granted by the city council in conformance with the following minimum criteria:
A. 
No trucks, materials or equipment associated with the use and operation of such a facility shall be stored within the front yard and shall not be stored within fifty feet of a residential use or district.
B. 
A thirty-foot-wide landscaped strip shall be provided along the property line fronting a public way.
(C.O. 91-62 § 2 (part); C.O. 97-105 § 35)

§ 17.16.440 Warehouse.

A warehouse within the TED district is allowed by right but may only be allowed by a special permit in the PDD1, PDD2, GB, CB, HB, LI and IP districts granted by the city council in conformance with the following minimum criteria:
A. 
No trucks, materials or equipment associated with the use and operation of the warehouse shall be stored within the front yard and shall not be stored within fifty feet of a residential use or district.
B. 
A thirty-foot-wide landscaped strip shall be provided along the property line fronting on a public way.
(C.O. 91-62 § 2 (part); C.O. 97-105 § 36)

§ 17.16.450 Wholesale and product distribution activities.

Wholesale and product distribution activities may be allowed only by special permit in the TED, PDD1, PDD2, HB, LI and IP districts granted by the city council in conformance with the following minimum criteria:
A. 
No trucks, materials or equipment associated with the use and operation of the warehouse shall be stored within the front yard and shall not be stored within fifty feet of a residential use or district.
B. 
A thirty-foot-wide landscaped strip shall be provided along the property line fronting on a public way.
(C.O. 91-62 § 2 (part); C.O. 97-105 § 37)

§ 17.16.460 Self-service station.

A. 
A self-service station erected, constructed, placed, altered, converted or otherwise changed may be allowed by right in the GB district with the following minimum criteria:
1. 
The minimum parcel size shall be twenty-five thousand square feet and shall have a minimum frontage of one hundred fifty feet directly on thoroughfare within the GB district.
2. 
One off-street parking space shall be provided for every five hundred square feet of office/storage space.
3. 
One off-street parking space shall be provided for every two hundred and fifty square feet of retail sales/service space.
B. 
A self-service station erected, constructed, placed, altered, converted or otherwise changed that fails to meet the above minimum criteria may be allowed in the GB district by special permit in accordance with Section 17.48.080 Revised Ordinances of the city of Revere.
(C.O. 12-138/CZ-12-01, § 2, 5/21/2012)

§ 17.16.470 Urban agriculture.

A. 
Definitions:
"Agriculture, urban (urban agriculture)."
An umbrella term that describes a range of food growing practices that may include the keeping of chickens and/or bees, but does not include other livestock.
"Aquaculture"
means the cultivation of aquatic animals in a recirculating environment to produce whole fish that are distributed to retailers, restaurants, and consumers.
"Aquaponics."
The cultivation of fish and plants together in a constructed, re-circulating ecosystem utilizing natural bacterial cycles to convert fish waste to plant nutrients.
"Arbor."
An accessory structure consisting of an open frame, freestanding or attached to another structure, with horizontal and/or vertical lattice work often used as a support for climbing food or ornamental crops.
"Beekeeper"
means a person or persons managing and maintaining honeybees in a hive or hives.
"Cold frame."
An unheated outdoor structure built close to the ground, no higher than thirty-six inches, typically consisting of, but not limited to, a wooden or concrete frame and a top of grass or clear plastic, used for protecting seedlings and plants from cold weather.
"Colony"
means a natural group of honeybees having a queen or queens.
"Community garden."
Land that is gardened by a group of individuals sharing responsibility for the site either independently or under the auspices of the city of Revere or Nonprofit organization with a primary purpose of providing space for members of the community to grow plants for beautification, education, and recreation for personal use. Sales, processing and storage of plants or plant products are prohibited on-site, except at farmers markets. In all zones, community gardens on all public and private lands are subject to compliance with all applicable provisions of the garden rules set forth by the city of Revere and adapted by each community garden space and its leadership team.
"Composting"
means a process of accelerated biodegradation and stabilization of organic material under controlled conditions yielding a product which can be safely used as fertilization.
"Comprehensive farm review"
means an evaluation by the food justice staff of Revere on the move for the overall design and siting of an urban farm and farm structures. Activities defined as Urban Agriculture must conform to the zoning code, specifically this ordinance, in all respects, and must be processed and approved by the inspectional services department for the city of Revere.
"Controlled environment agriculture (CEA)"
means an agricultural technology that enables the grower to manipulate the environment to desired growing and/or cultivation conditions.
"Coop."
An enclosed shelter in which a chicken inhabits.
"Farm stand."
A temporary structure such as a table, stall or tent, for the display and sale of clean, whole, unprocessed produce, eggs, or honey grown on-site.
"Farm structures."
Structures that may include but are not limited to sheds (tool and packing), compost bins, rain buckets, shade pavilions, farm stands, trellises or other vertical supports for growing crops, and structures used to extend the growing season such as greenhouses, hoop houses, cold frames, freight containers, and similar structures.
"Farm."
The area of a residential or commercial lot designated for activities and uses defined as Urban Agriculture. The cultivation and tillage of the soil, the production, planting, caring for, treating, growing, and harvesting of any agricultural, aquaculture, floricultural or horticultural commodities, the keeping and raising of hens and/or honeybees, sales subject to compliance of local, state, and federal regulations. Farming shall include aquaculture, aquaponic, hydroponic, rooftop farms on residential property.
"Farmers market."
A public market administered by a market manager and held multiple times per year to connect and mutually benefit local farmers, communities, and shoppers. Vendors may include local farmers, farmers' cooperatives and producers selling any of the following: whole produce; value-added agricultural products that fall under Massachusetts Cottage Law such as jams, jellies, and pickles; prepared food; all agricultural, horticultural and aquacultural products including but not limited to whole produce; plants flowers; meats; dairy products; shellfish and finfish; and other food related products.
"Freight container"
means a standardized reusable steel box previously used for the storage and movement of materials and products within an intermodal freight transport system and repurposed for a controlled environment agriculture (CEA) use, such as hydroponics and/or aquaponics.
"Garden, home/yard."
An accessory use on a residential lot to grow plants for consumption, beautification, or recreation for personal use. The garden may be outdoors, in an accessory greenhouse or on the roof of a structure. The ownership, care and control is the responsibility of a resident of the dwelling on the lot. Sales are prohibited except at farmers markets.
"Gardens."
A planned space, set aside for the display, cultivation, and enjoyment of plants including vegetables, flowers, and fruits for private/personal use.
"Greenhouse."
A structure, primarily of transparent material, in which temperature and humidity can be controlled for the cultivation or protection of plants or other agricultural products. All greenhouse structures are subject to setback and dimensional requirements of this title for accessory structures and building code requirements.
1. 
"Greenhouse, commercial."
The primary use of a lot is commercial urban agriculture.
2. 
"Greenhouse, community."
Urban agriculture or green house operated by a nonprofit agency or the city of Revere.
"Ground level urban farm"
means the use of a lot on the ground plane for urban agriculture for commercial or residential purposes, whether for profit or nonprofit.
"Hens."
Mature egg-laying female chickens.
"Hive"
means a manufactured receptacle or container prepared for the use of honeybees that includes movable frames, combs and substances deposited into the hive by honeybees intended for the housing of one bee colony.
"Honeybee."
A common domestic honeybee, Apis mellifera species.
"Hoop house."
A temporary accessory structure typically made of, but not limited to, piping or other material covered with translucent material for the purposes of growing food or ornamental crops.
"Hydroponics."
The cultivation of plants in nutrient solution of minerals in water rather than soil, for distribution to retailers, restaurants and consumers.
"Local"
means from Massachusetts, New England States and New York State.
"Open air rooftop farm"
means an unenclosed area of a rooftop that is used for urban agriculture for commercial purposes, whether for profit or nonprofit.
"Raised bed"
means a method of cultivation in which soil is placed over a geotextile barrier, and raised and formed into three to four-foot wide mounds. The soil may be enclosed by a frame generally made of untreated wood. Raised beds are not considered a structure.
"Roof level urban farm"
means the use of a roof for urban agriculture for residential or commercial purposes, whether for profit or nonprofit.
"Rooftop greenhouse"
means a structure located on a roof, primarily of transparent material, in which temperature and humidity can be controlled for the cultivation or protection of plants or other agricultural products in which plants are cultivated year-round.
"Urban agriculture"
means the use of a lot for the cultivation of food and/or horticultural crops, composting, aquaponics, aquaculture, and/or hydroponics on city, commercial, or residential property. Such use may include the accessory keeping of animals or bees where allowed by underlying zoning.
"Urban farm, ground level, large"
means ground level urban farm with a farm area greater than one acre that is used for urban agriculture for commercial purposes, whether for profit or nonprofit.
"Urban farm, ground level, medium"
means a ground level urban farm with a farm area greater than or equal to ten thousand square feet but no greater than one acre that is used for urban agriculture for commercial purposes, whether for profit or nonprofit.
"Urban farm, ground level, small"
means a ground level urban farm with a farm area less than ten thousand square feet that is used for urban agriculture for commercial or residential purposes, whether for profit or nonprofit.
"Urban farm, roof level, large"
means a roof level urban farm with a farm area greater than one acre that is used for urban agriculture for commercial purposes, whether for profit or nonprofit.
"Urban farm, roof level, medium"
means a roof level urban farm with a farm area greater than or equal to five thousand square feet but no greater than one acre that is used for urban agriculture for commercial purposes, whether for profit or nonprofit.
"Urban farm, roof level, small"
means a roof level urban farm with a farm area less than five thousand square feet that is used for urban agriculture for commercial or residential purposes, whether for profit or nonprofit.
"Vertical agriculture"
means an exterior building wall or other vertical structure designed to support the growing of agricultural or horticultural crops.
(C.O. 21-140, 6/21/2021)