The Salisbury Beach Overlay District is comprised of the following three overlay subdistricts, which are delineated on the Salisbury Beach Overlay District Map:

Overlay district map and lot listing. The Salisbury Beach Overlay District, the Beach Center Development Subdistrict, the Broadway Revitalization Subdistrict and the Oceanfront South Revitalization Subdistrict are delineated on the Salisbury Beach Overlay District Map and the lot listing attached as Exhibit I.[2]

The Salisbury Beach Overlay District shall be overlaid over the existing Beach Commercial District within the boundaries shown on the Town of Salisbury Zoning Map.[1] The owners of property in the Salisbury Beach Overlay District shall continue to possess all current zoning rights and be subject to the requirements applicable in the Beach Commercial District. In the event an owner desires to construct a building greater than 35 feet in height, as defined in § 300-5 of the Zoning Bylaw, or to use his property for mixed-use development, as defined in § 300-64 herein, the rules and regulations of the Salisbury Beach Overlay District shall apply and by filing an application for site plan review or a special permit for a development subject to such rules and regulations, the owner shall be deemed to accept and agree to them. It is intended that the Zoning Board of Appeals shall not grant height variances for development of habitable space over a height of 35 feet in the Beach Commercial District that would exempt the development from the Salisbury Beach Overlay District. Where the Salisbury Beach Overlay District provisions are silent on a zoning rule or regulation, the requirements of the underlying Beach Commercial District zoning shall apply.

Underlying zoning. The underlying zoning for the Beach Commercial District shall remain an integral part of the Salisbury Zoning Bylaw and shall be neither modified, repealed nor amended by this article.

Drive-through retail establishment. Any commercial use which utilizes a vehicular drive-up window.

Casino. Any facility or establishment where any gambling or gaming occurs, with the exception of arcade-type establishments which tender coupons or tokens for on-site redemption for noncash prizes or novelties. Gambling and gaming include, without limitation, any other game of chance or skill, or both, played with cards, with dice or with any mechanical, electromechanical or electronic device or machine for currency, check, credit, or any other thing of value, including, without limitation, roulette, 21, blackjack, craps, poker, slot machines, and any other electronic gaming devices and any other games classified as Class II or Class III gaming under the Indian Gaming Regulatory Act, U.S.C. § 2701 et seq., but excluding the game of bingo conducted pursuant to MGL c. 271, any lottery game conducted by the State Lottery Commission in accordance with MGL c. 10, § 24, and games played with cards in private homes or residences in which no person makes money for operating the game, except as a player.

Automobile repair, sales, and service.

Car wash.

Chemical warehouse.

Motorcycle repair, sales and service.

Maximum height.

Mixed-use development. To encourage mixed-use development at Salisbury Beach, the following requirements shall apply:

Hotel and motel uses. Hotel or motel developments shall provide a minimum of one parking space per room, all of or part of which may be off site anywhere in the Beach Commercial District.

Upper floor setbacks. A building with a height in excess of 35 feet shall have an upper floor minimum setback in the front facade of at least five feet commencing no higher than 35 feet or the ceiling height of the second story, whichever is lower, with the exception of access elements (stairways or elevator shafts) and distinct architecture features not to exceed 25% of the front facade area, in aggregate.

Residential units of two or more bedrooms shall have a minimum of two parking spaces on site.

Residential units of one bedroom shall have a minimum of one on-site parking space.

Town-administered improvements.

Developer-administered improvements. As an alternative to, or in partial satisfaction of, the required contributions to the Town of Salisbury Beach Overlay District Public Improvements Fund, with the written approval of the Town Manager, a developer, or group of developers, may perform public improvements included in the Public Realm Infrastructure Investment Plan, the cost of which will be credited against the infrastructure contribution per dwelling unit specified above. Creditable public improvements shall be agreed upon as part of the site plan review process and shall consist of capital improvements to any property which is open to the general public, but shall not include replacement of existing sidewalks and/or curbing along the frontage of a proposed development which shall be the responsibility of the developer. The developer shall be credited an amount equal to 115% of the direct cost of all qualified public improvements performed in advance of unit conveyances or occupancy and for which reasonable proof of actual cost is provided to the Town Planner. Any dispute as to the final amount credited to the developer for approved public improvements shall be decided by the Town Manager, whose decision shall be final and binding. The developer shall be required to post a 100% performance and payment bond satisfactory to the Planning Board, with advice from the Town Planner, prior to undertaking any of the improvements contemplated herein.

All projects developed within the Salisbury Beach Overlay District shall be subject to the site plan review by the Planning Board in accordance with Article XVIII of the Zoning Bylaw. Prior to the Planning Board approving any application for a development plan under this bylaw, the Board shall find that:

The Planning Board's approval and any conditions of the approval of any application for site plan review of a development under this bylaw shall be submitted in writing to the Building Inspector, the applicant and the Town Clerk. No occupancy permit shall be issued for any building or structure or portion thereof until all conditions of the Planning Board's site plan approval have been met and until a certificate of completion, in a form approved by the Planning Board, is completed and signed by the Board's inspector.

Buildings, structures and site layout shall reflect traditional neighborhood design, with pedestrian-friendly street design that is inviting and pleasant for walking, bicycling, and other nonvehicular means of getting around, and safe and convenient for individuals with disabilities; discernible edges, a mix of densities, and a mix of land uses. Buildings are encouraged to reflect both traditional and contemporary interpretations of vernacular coastal New England architecture for the purposes of promoting appropriate waterfront scale and character, including building materials, massing, density, scale, and roof lines.

Large expanses of blank walls shall not be allowed. Facades shall have frequent architectural articulation. Major such articulations shall be spaced no farther apart than 25% of the building length at street level (but in no case farther apart than 70 feet). Street levels lined with extensive windows and frequent well-designed entrances to street level uses are encouraged, permitting continuous public views and access in and out of buildings in order to create a lively street atmosphere. Window designs in a vertical orientation are encouraged.

Screening of ground-floor parking from pedestrian view with appropriate doors, building elements and/or landscaping features is required for parking areas along public ways.

All projects shall be designed to minimize the size and number of curb cuts. Full-width curb cuts will not be allowed. In keeping with the theme of screening parking from the public view, efficient traffic patterns are encouraged to support ingress and egress from lots. Curb cuts may not exceed an aggregate of 24 feet for every 100 feet of frontage. Lots with less than 100 feet of frontage may have one curb cut, 14 feet in length.

Underground utilities for new and redeveloped buildings are required unless physically restricted or blocked by existing underground obstructions.

A straightforward use of natural, traditional or sustainable building materials is encouraged. Brick, stone, high-quality metals, cast concrete, wood, and cement fiberboard will achieve the greatest level of compatibility with the surrounding area and will best stand the test of time in terms of both changing community tastes and withstanding the historically vibrant commercial climate of the Salisbury oceanfront. Exterior material substitutions, in particular products and applications that are of higher quality than those described in these guidelines, are encouraged.

Building facades shall include architecturally distinct styles promoting diverse design, particularly with rooftop appurtenances such as cupolas, turrets, spires, widow walks, etc.

A diversity of roof heights, gable orientations, and volumes in new buildings is required.

Traditional arrangement of facade components into base, middle, and top composition may be used to achieve compatibility and continuity within the surrounding architectural context. Additionally, projecting bays, recessed balconies, and roof shape variation shall be utilized to provide interest, individuality, and appropriate scale to new development.

Sidewalk amenities such as street furniture, lighting and awnings that encourage year-round pedestrian use and sidewalk-cafe-style seating to enhance the public realm are encouraged.

Rear vehicular access to ground floor parking is preferred to minimize curb cuts on principal streets. Use of streets other than Broadway and Oceanfront South for vehicle access is preferred. Use of shared access points is encouraged to minimize the number of curb cuts.

Placing buildings oriented parallel with the front setback line is required to keep a consistent "street wall," with primary entries oriented towards the street.

Building setbacks may be varied and are encouraged to recognize the siting and scale of adjacent development.

At the intersection of the building line with crossover streets, there may be variation to the building edges to allow for corner elements and circulation functions. The building edges may be articulated and organized in such a way to achieve an architecturally rich and contextually varied composition. Variation in the building edge beyond the minimum setback is encouraged.

The facade proportions used in new development shall incorporate compatible architectural details, storefront design, window openings, and roof shapes to balance the proportions of facades into pleasant and cohesive compositions.

Building elevations are required to incorporate architecturally appropriate techniques to articulate the massing of the proposed building, such as projecting bay windows, different material for the ground-floor base, cornice lines, and/or material changes, etc.

To the extent feasible, provisions shall be made to accommodate the construction and use of an elevated pedestrian walkway (boardwalk) along the oceanfront within the Salisbury Beach Overlay District boundaries stipulated in Exhibit I[1] and to accommodate the future extension of the walkway along the oceanfront to the north and south of the overlay district.

To the maximum extent reasonably possible, the ground-floor levels in mixed-use buildings shall be elevated to the minimum elevation stipulated by the State Building Code, and such elevations shall permit continuous sidewalks and/or boardwalks to be constructed along the building frontages that will permit easy access for pedestrians to building entrances and easy access to and from the boardwalks, the street, and the beach.

At least 15% of ground-floor noncommercial habitable spaces provided at the base of buildings in the Oceanfront South Revitalization Subdistrict should be initially designed so as to be capable of conversion at a later date to commercial use. The Planning Board encourages design features necessary for such conversion include, but are not limited to, proper ceiling height, construction assemblies meeting building codes for mixed uses, and accommodation for provision of future handicapped access.

Buildings shall not create an adverse shadow impact.