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City of Peabody Zoning Ordinance 1978 As Amended To F)bruary 26, 2009 P E A B O D Y City of Peabody Zoning Ordinance 1978 As Amended To February )6, 2009 P E A B Michael J. Bonfanti, Mayor O Peabody City Council Department of Community Development & Planning City Clerks Office & Zoning Enforcement Office D 24 Lowell Street Peabody, MA 01960 Y www.peabody-ma.gov 2 City of Peabody Z o n i n g O r d i n a n c e (1978 As Amended to February 26, 2009) Table of Contents Section P age 1. GENERAL 4 2. DEFINITIONS 7 3. ESTABLISHMENT OFZ ONING DISTRICTS 1 5 4. USER EGULATIONS 1 7 5. DIMENSIONAL REGULATIONS 8 0 6. SPECIALREGULATIONS 8 6 7. ADMINISTRATION 1 09 Appendices P age D ISCLAIMER 1 16 A. ZONING ORDINANCE C OMPARATIVE TABLE 117 B. ZONING INDEX 1 20 C. YARD DEFINITIONS&M EASUREMENTS (DIAGRAMS) 128 D. SIGNO RDINANCE SUMMARY TABLE 1 31 E. ZONING M AP 1 32 3 * Section 1: General SECTIONS SUMMARY 1.1 Authority 1.2 Purpose 1.3 Scope 1.4 Applicability 1.5 Nonconformance 1.6 Exemptions 1.7 Prohibited Uses 1.1 AUTHORITY This zoning ordinance is adopted in accordance with th e provisions of the Massachusetts General Laws, Chapter 40A and any and all amendments theret o. This ordinance shall be known and may be cited as "The Zoning Ordinance of the City of Peabody, Mass." 1.2 PURPOSE The purposes of this ordinance include, but are not limited to, the following: to lessen congestion in the streets; to conserve health; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to encourage housing for persons of all income levels; to facilitate the adequate provision of transportation, water, water supply, drainage, sewerage, schools, parks, open space and other public requirements; to conserve the value of land and buildings, including the conservation of natural resources and the prevention of b light and pollution of the environment; to encourage the most appropriate use of land throughout the city, incl uding consideration of the recommendations of the comprehensive plan, if any, adopted by the planning board and the comprehensive plan, if any, of the Metropolitan Area Planning Council; and to preserve and increase amenities in the City of Peabody. Regulations adopted pursuant to these purposes may in clude, but are not limited to, restricting, prohibiting, permitting or regulating the use, alteration, height, area and location of buildings and structures and the of premises in the City of Peabody. Cross References: Fees, Code § 2-236. 1.3 SCOPE For these purposes, the erection, repair, alteration, reconstruction, height, number of stories, and size of buildings and structures, size and width of lots, percentage of lot ar ea that may be occupied, size of yards, courts and other open spaces, density of population and location and use of buildings, structures and land in the City of Peabody as regulated as hereinafter provided. 1.4 APPLICABILITY * Editors Note: Printed herein is the zoning ordinance of the city adopted in 1975 and revised and codified by ordinance of 6-27-78 and printed in pamphlet form entitled "Peabody Zoning Ordinance--1978". Amendments have b een included and are indicated in the hist ory note immediately following the amended secti on or subsection. Absence of a history not e indicates the section is unchanged from the original section appearing in the zoning pamphlet of 1978. Style and form havde uniform. Obvious misspellings have bee n corrected without notation. A new table of c ontents has been included. Capitalization has been made uniform. Words in brackets  have been added by the editor for clarity. State Law References: Zoning and planning, M.G.L.A., 40, § 32A accepted by city couil on April 27, 1967; publication of M.G.L.A. c. 40A§ 55.ng ordinances; supplemen ts; distribution and sale, M.G.L.A. c. 40 , § 32B; ordinances amending zoning ordina nces, 4 All buildings and struc tures hereinafter erected, reconstru cted, altered, enlarged or moved, and the use of all premises in the City of Peabody shall be in conformity with the provisions of this ordinance. No building, structure or land shall be used for any purpose or in any manner other than is expressly permitted within the district in which such building, structure or land is located. Any use not specifically or generically enumerated in a district herein shall be deemed prohibited. 1.5 NONCONFORMANCE 1.5.1 Any existing nonconforming use of a structure or use of a structure and land in combination may be changed or extended, and, any existing nonconforming st ructure may be altered or extended provided that the special permit granting authority determines, after a public hearing, by the grant of a special permit that such change, extension or alteration: (a) Is to a use or structure which existed or began with all appropriate permits or a building permit issued before the first publication of notice of a public hearing on this ordinance or any amendments thereto and is therefore lawful; (b) For situations involving use of a structure or the use of a structure and land in combination: (1) Includes adequate provision for off street parking; (2) Complies with the provisions of section 4.4.1 of this ordinance. (c) Is similar in: (1) Character; (2) Intensity of use; (3) Size (structure only); (4) Effect on adjacent property; (5) Effect on public hearing, morals or safety. As to be not substantially more detrimental to the neighborhood, than the existing nonconforming use or structure or both. Provided that in permitting such a change, alteration or extension, the special permit granting authority may require appropriate conditions, on time or use. Violation of such conditions as a re made a part of the terms under which the special permit is granted shall be deemed a violation of this ordinance. Provided, further that any alteration or extension of a nonconforming structure shall not further violate the dimensional requirements of the existing ordinance or any amendment thereto. Provided further that no special permit shall be re quired for the alteration, reconstruction, extension or structural change to a legally existing nonconforming single-or two-family residential dwelling when said alteration, reconstruction, extension or structural change does not increase the nonconforming nature of the dwelling. However, no special permit shall be granted for the purposes of increasing the number of residential units in a structure that is entirely residential with three (3) or more residential dwellings. However, no special permit shall be granted for the purposes of increasing the number of residential units in a structure that is entirely residential when the increase will result in the expansion of the extension envelope of the building. (Ord. of 5-14-92, § 1) 5 1.5.2 Each application to the special permit granting authority for a special permit involving a use of a structure or the use of a structure and land in combination un der the provision of this sec tion shall be accompanied by a site plan as described in subsection 4.4.2 Site Plan Requirements of this ordinance. 1.5.3 The application for a special permit under this section and the costs of advertising related thereto and any other fees required by this ordinance shall be the responsibility of the applicant. 1.5.4 A structure or use of a structure and land in comb ination which does not conform to the regulations of the district in which it is situated, but, because it exis ted lawfully before this ordinance was adopted, may be rebuilt if damaged or destroyed, provided that a building permit is obtained within si x (6) months of the damage or destruction and the rebuilding is completed unless extenuating circumstances exist in which case extension of up to two (2) years to complete the rebuilding. 1.5.5 Any structure, or structure and land in combination, in or on which a nonconforming use is changed to a permitted use, shall thereafter conform to the use regulations for the located and the nonconforming use may not thereafter be resumed. 1.5.6 A nonconforming use of a structure or structure and land in combinat ion may not be resumed after it has been abandoned for a period of two (2) years. (Ord. of 9-8-83, § 1(1.5)) 1.5.7 Expansion or upgrading of nonconforming mobile hom e parks that existed prior to the adoption of this ordinance would b e allowed through the grant of a special permit provided that such expansion or upgrading is within the existing bounds of the mob upgrading meets the requirements of the MH district. (Ord. of 10-11-84, § 1) 1.6 EXEMPTIONS In accordance with Massachusetts General Laws, Chapter 40A, and notwithstanding any provisions to the contrary, this ordinance shall not prohibit, regu late or restrict the use of land or st educational purposes on land owned or leased by the Commonwealth, or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination or by a nonpr such land or structure may be subject to reasonable regula tions concerning the bulk and height of structures, yard size, lot area, open space, parking and building coverage re ordinance. This ordinance shall not prohibit, unreaso nably regulate or require a special permit for the use of land for the primary purpose of agriculture, horti culture or floriculture and shall not prohibit or unreasonably regulate the expansion or reconstruction of existing structures thereon for the primary pur pose of agriculture, horticulture or floriculture except that all such activities may be limited to parcels of more than five (5) acres which are not zoned for agriculture, horticulture or floriculture. In accordance with Massachusetts General Laws, Chapter 40A, Section 3, this ordinance shall not prohibit day home[s] as defined in Section 2 of this Ordinance. (Ord. of 3-15-88, § 1) 1.7 PROHIBITED USES In any district no use will be permitted which will produce a nuisance or hazard from fire or explosion, toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapor, harmful radioacti vity, offensive noise or vibration, flashes, objectionable effluent or electrical inter ference which may affect or impair the normal use and peaceful enjoyment of any property, structure or dwelling in the city. s n o i t i n i f e D : 2 n o i t c e S 2.1 W ORDS AND TERMS DEFINED For the purpose s of this ordinance, the following terms shall have the following meanings unless a contrary meaning is clearly required by the context or is specifically indicated: Accessory building or use. A building customarily inci dental to and located on the same lot with a principal building or use. Family accessory living area. A dwelling unit located within a single-fam ily dwelling which is subordinate in size to the main dwelling unit. Such a unit is to be used for residential purposes only, containing cooking facilities and bathroom facilities, as needed. (Ord. of 7-7-94, § 1) Affordable housing: Housing which is restricted for sale, lease or rental: (1) to households within specific income ranges as defined by this Ordi nance; (2) at specific prices not exceeding thirty (30) percent of the income of the renting household, or for which the mortgage payment (including insurance, utilities and real estate taxes) does not exceed thirty (30) percent of the income of the purchasing household, or other st andards as may be established pursuant to any ci ty, state or federal housing program designed to assist low and moderate income households and adopted b y the City of Peabody. Affordable Unit: Shall mean any dwelling unit for which the rent (including utilities) does not exceed thirt (30) percent of the income of an Eligible household or for which the mortgage payment (including insurance, utilities, real estate taxes, and condominium or homeownership fees) does not exceed thirty (30) percent of the income of an Eligible household. Monthly rents of affordable rental units and initial purchase prices and resale prices of affordable ownership units shall meet the requirements of the Massachusetts Department of Housing and Community Developmen regulations governing the Local Initiative Program, 760, CMR 45, or other standards that have been established pursuant to any city, state or federal housing program designed to assist low and moderate income households and approved by the City of Peabody Department of Community Development and Planning. Automobile service station: An area of land, including any structures thereon, used for any of the following: the sale of motor vehicle accessories which are installed on the premises; for the repair of motor vehicle engines, transmissions or other mechanical parts; for the sale of gasoline or any other motor vehicle fuel, oil or other lubricating substances, dispensed by an e mployee who is an attendant or through a self-service, automated dispensing system which is in full compliance with the boa rd of fire prevention regulati ng office of the state fire marshal 527 CMR-504(16) and which has received the approv al of the state fire marshal. It does not include premises for junk yard, open storage of abandoned vehicles, or for rebuilding , reconditioning, painting, or other body repair services. (Ord. of 5-10-84, § 1) Bedroom: A ro om that is designed and furnished for the pur pose of providing a place to sleep for one or more inhabitants, containing a closet or cl osets designed to allow for the storage of an individual's normal wardrobe, having a door at the entranceway to allow for an individual privacy and containing linear walls so a to allow for the easy placing of bedroom furniture. A kitchen, dining room , living room, bathroom, closet, den or library shall not be a bedroom. Bulkhead: A projecting framework with a sloping door giving access to a cellar stairway or shaft. Capital facilities: Include the planning of, engineering for, acquisition of land for, and construction or reconstruction of the road, electrical, water, sewer and drainage systems serving new development in the DDD 7 district. (Ord. of 6-28-90, § 1) Common area: Common areas and facilities, except as otherwise provided or stipulated in the a pplicable documents of title, such as: 1. The foundations, columns, gi rders, beams, supports, party walls, common walls, main walls, roofs, halls, corridors, lobbies, public stairs and stairways, fire escapes and entrances and exits of the building; 2. Installations of central services, such as power, light , gas, hot and cold water, heating, refrigeration, air conditioning, and incinerating; 3. The elevators, tanks, pumps, motors, fans, compressors, ducts, and in general , all apparatus and installations existing for common use; 4. The land on which the building is located, including all roadways and areas used for maintenance and safety; 5. The basements, yards, lawn, gardens, recreational facilities, parking areas, and storage spaces; and 6. The premises for the lodging of custodian or persons in charge of the building. Community development authority (CDA): An authority created in 1977 as an agency within the meaning of Chapter 121B of the Massachusetts General Laws. Also responsible for performing the development review function in the Designated Development District. (Ord. of 4-28-88, § 1) Community garage: A group of private garages, not more than one story high, having a capacity of not more than ten (10) cars, arranged in a row or surrounding a common means of access and erected for the use of owners having no private garage on their individual lots. A community gara ge accessory to an apartment house may contain space for one automobile for each family, provided that the rear yard provisions are observed. Continuing care retire ment community (CCRC): A development comprised of housing and other associated services operated or sponsored as a coordinated unit by a corporation or organization h aving as its principal purpose the provision of housing and associated services, including those designed to provide for medical care and assistance with activities of daily liv ing, for elderly persons. The CCRC sha ll consist of a building or group of buildings, which, through common management or contractual agreement provides services that assist the elderly in maintaining an independent lifestyle and meeting the needs resulting from the aging process. Such services may include health care maintenance, hom e health care, security, maintenance, emergency call systems, assistance with activities of daily living, and personal se rvices such as transportation, financial services, barber/beautician, retail, food services, housekeeping, la undry services, exercise/recreation, continuing education and training, administrative offices, and any other services, activities and accessory uses incidental to the operation and maintenance of the CCRC. Such services shall be ancillary to residential use, and shall be intended primarily for the residents and employees of the CCRC. (Ord. of 3-19-98, § 1) Cornice: Any permanent, continuous horizontally projecting feature surmounting a wall or other portion of a building. (Ord. of 5-10-84, § 10) Designated development district (DDD): A special industrial zoning district which facilitates creative and integrated physical designs which are compatible with the natural environ ment and which promotes the overall improvement of the urban environment for the w elfare of the city. (Ord. of 4-28-88, § 2) Dwelling: A building or portion thereof designed exclusively for residential occupancy, including single-family, two-family, or multiple-family dwellings, but not including hotels, motels, boarding houses, trail ers or structures 8 primarily for transient or overnight occupancy. Dwelling unit: One or more rooms providing complete living fa cilities for one family, including equipment for cooking, or provisions for the same, and including room or rooms, for living, sleeping and eating. Eligible Households: Shall mean any household whose income does not exceed eighty (80%) of the median income of households in the Boston Standard Metropolitan Statistical Area adjusted for household size and that meet the income and asset limits established by the Massachusetts Department of Housing and Community Development regulations governing the Local Initiative Program, 760 CMR 45. Fair share: The calculated value to offset the impacts a development project has on municipal facilities based upon the amount of square footage being developed and the cost of constructing the needed facilities. (Ord. of 6-28-90, § 1) A family: One or more persons related by blood, adoption, or marriage living and cooking together as a single housekeeping unit, excluding household servants. A number of persons, but not exceeding three, living and cooking together as a single housekeeping unit though not rela ted by blood, adoption, or marriage shall be deemed to constitute a family. (Ord. of 5-10-84, § 3) Family daycare home: As defined by the Massachusetts Office for Children, and as licensed or approved by them: but generally, any private residence which on a regular basis receives children for temporary custody and care during part of or all of the day.(Ord. of 3-15-88, § 1) Frontage: The straight line distance between either the points of intersection of the side lot lines and the street right-of-way or the points of intersection of the side lot lines, and the rear line of the required front yard (see diagram under "yard"): Frontage, lot: A continuous portion of the boundary between a lot and an ab utting street between lot lines or, in the case of a corner lot, between a lot line and the intersection of street lines or of street lines extended. The measurement of lot frontage shall not include jogs in street width, back-up strips and other irregularities in street line, and in the case of a corner lot, may at the option of the owner extend to the midpoint of the curve connecting street lines, instead of to their intersection. Frontage, street: A street which provides the required lot frontage for a building. When a lot is bounded by more than one street, any of them, but only one, may be designated as the frontage street by the owner, provided that the street meets th e frontage requirements and the principal permitted building on the lot is numbered on such frontage street. However, in the case of a lot bounded by two streets forming an interior angle of more than one hundred thirty-five (135) degrees, their combined frontage between lot lines may be used to satisfy the lot frontage requirement. Gross leasable area: The total gross flo or area within a building which is occupied exclusively by individual te nants and upon which the tenant pays rent. (Ord. of 5-22-80, § 1) Ground cover: Evergreen plants less than eighteen (18) inches in height which form a dense, continuous surface on the ground plane. (Ord. of 5-9-97 , § 1) Group daycare center: Any facility operated on a regular basis which receives children, not of common parentage, under seven (7) years of age for nonresidential custody and care during part or all of the day separate from their parent(s). (Ord. of 3-15-88, § 1) Height: The height of a building shall be the vertical distance measured from the mean level of the established grade at the building to the mean height of the roof. 9 Home occupation: A business use customarily conducted within a dwelling and carried on by the inhabitants thereof, which is clearly incidental to the use of the dwelling as a place of residence. Hotel: A building intended and designed primarily for transient or overnight oc cupancy, divided into separate units within the same building and with or without public dining facilities. Lot: A parcel of land used or set aside and available for use as the site of one or more buildings, accessory buildings thereto or for any other definite purpose, in one ownership and not divided by a street and not within the limits of a public or private way upon which lot abuts: Lot, corner: A lot bounded by more than one street which ha s an interior angle of one hundred thirty-five (135) degrees or less formed by the tangents or straig ht segments of street lines between the side or rear lines of such a lot or by an extension of such street lin es. A lot bounded by one street shall be cons idered a corner lot when the tangents or straight segments of the street line between the side lines of the lot form, or would form if extended, an interior angel of one hundred five (105) de grees or less. Lot coverage: The projected area of space in all buildings on the lot, including all roof overhangs. Lot width: Lot width is the distance between opposite side lines of a lot measured through any part of the principal structure. At no point between the frontage line and principal structure shall the lot be narrower than seventy-five (75) percent of the required lot frontage. (Ord. of 5-31-90, § 1) Minimum buildable area: A rectangular shaped area measured at a location interior to the minimum yard depths. (Ord. of 11-21-96) Mixed use overlay district: An overlay zoning district which allows flexibility of site plan, dimensions and uses by special permit. (Ord. of 10-11-84, § 4) Mobile home: Any vehicle without motive power designed, constr ucted, reconstructed or added to by means of accessories in a manner to permit the use and occupancy thereof as a one-family dwelling unit, whether resting on wheels, foundation structures or other support, but construc ted so as to permit its occasional movement over a street or highway. Mobile home park: A piece of land owned by one (1) individual or entity in which lots are rented to mobile home owners for placement of their homes and includes wate r, electric, gas and other service hookups, and common recreation space. (Ord. of 10-11-84, § 3) Modular homes: Homes built in two (2) or more sections in a factory that are brought to a site placed on a permanent foundation and permanently assembled. (Ord. of 10-11-84, § 2) Motel: A building intended and designed primarily for transient or overnight occupancy, divided into separate units within the same building, with or without public dining facilities, and characterized by direct access to every unit from an automobile parking space or facility including motor hotels and motor inns. Multiple-family dwelling A building designed for or occupied by thre e (3) or more families, living independently in dwelling units separated by vertical walls or horizonal floors, having sepa rate sleeping, cooking, and sanitary facilities, and with separate or joint services for he at, lighting, and other utilities (including apartments, garden apartments, townhouses, cooperatives, condominiums, row-houses and tenement houses): Apartment: A dwelling for more than two (2) families under one roof, or for one or more families above a first floor used for nonresidential purposes. 10 Garden apartment: A building or group of buildings on a landscaped lot not more than thirty-five (35) feet in height arranged, intended, and designed to be occu pied by three (3) or more families per building, each family separated by party walls or floors from the other, with each apartment having individual living, sleeping, kitchen and toilet facilities, with those ap artments with the floor be low grade having window opening not less than thirty-six (36) inches in height with the bottom of said windows even with or above grade, such building or bu ildings occupying one lot in single ownership throughout and subject to the conditions and requirements of section 5.3.3 herein. Row house: A dwelling for one family in a connected row of three (3) or more dwellings, where one family is not living over another. Municipal properties reuse development (M PRD): A municipal properties reuse development shall mean the development of municipal properties no longer serving a municipal purpose, as a single entity, in which a mixture of residential, open space, commercial, and light industrial uses, and a variety of building types and designs, are determined to be sufficiently advantageous to render it appropriate to grant a special permit to the extent authorized by this zoning ordinance. (Ord. of 9-16-82, § 1) Natural woodlands: A grouping o f mature indigenous trees with a minimum density of twenty (20) trees of six (6) inches' diameter or greater per ten thousand (10,000) square feet throughout. (Ord. of 5-9-97, § 1) Neighborhood buffer: A landscaped area sufficient in depth and sc reening to visually separate one land use from one another. (Ord. of 5-9-97, § 1) Nursing home: Any place or institution for the aged, infirm, chronic or convalescent, whether conducted for charity or for profit, which is established to render domiciliary care, custody, treatment or lodging for three (3) or more unrelated persons who require or receive assistance in ordinary daily activities of life or who are confined to bed or chair. (This term includes boarding and rooming houses for aged people, convalescent homes, rest homes, homes for the aged or infirm and convalescent homes fo r children, but does not include hospitals, clinics and similar institutions devoted primarily to the diagnosis an d treatment of disease, injury, maternity cases or mental illness.) One-family dwelling: A detached dwelling designed for and occupied by a family excluding mobile homes. (Ord. of 5-10-84, § 4) Ornamental tree: A small to medium size deciduous tree, noted for its form, leaf color, textu re, flowers, or fruit, used to provide vegetative screen ing along a driveway, beside a building, or within a landscaped buffer. (Ord. of 5-9- 97, § 1) Overlay zone: A zoning district that imposes a set of requirements in addition to those of the underlying zoning district. (Ord. of 10-11-84, § 6) Parking space: The covered or uncovered land area to be utilized for the parking of motor vehicles on the site. Planned residential development district: A zoning district applicable to speci fic parcels of at least five acres which allows a mixture of housing types and densities to be developed. (Ord. of 10-11-84, § 5) Premises: A lot, together with all structures, buildings, uses and water area thereon. Principal building: That building or group of buildings in which the main or primary use of the pre mises occurs. Professional office: That office of one engaged in such generally recognized professions as, but not necessarily 11 limited to, physician, dentist, veterinarian, attorney at law, engineer, architect, landscape architect, interior designer, accountant or chiropractor. Public housing: Housing for persons of low or moderate income which is constructed, rehabilitated, remodeled to be sold, leased or rented by the City of Peabody or the Peabody Housing Authority, or the construction, remodeling, financing, sale, lease, or rental of which is regulated and financially assisted by agencies of the government of the United States or of the Commonwealth of Massachusetts under programs, the purpose of which is to provide housing for people of low or moderate income. The terms “low income” and “moderate income” shall have the meaning defined in this zoning ordinance. Rooming house: A dwelling in which more than four (4) unrelated persons are housed or lodged by the day, week, or month, either with or without meals. Shopping center: A group of not less than ten (10) stores and service establishments, originally planned and developed as a single unit, having a total ground floor building area of not less than on e hundred thousand (100,000) square feet, with immediate adjoining off-street parking facilities. (Ord. of 5-22-80, § 2) Shrub: An evergreen or deciduous plant no less than eighteen (1 8) inches in height at installation, with a mature height of not less than three (3) feet and not more than fifteen (15) feet. (Ord. of 5-9-97, § 1) Sign: Any advertisement, announcement, direction, or communication produced in whole or in part by the painting on or posting or placing any printing, lettered, pictured, figured, or co lored material on any building, structure or surface. Signs placed or erected by governmental agencies shall not be included here in. However, this ordinance shall be used as a guide in the placement or erection of any governmental agency signs. (Ord. of 5-10-84, § 9) Sign, advertising: A sign which directs attention to a business, profession, commodity, service or entertainment conducted, sold, or offered elsewhere that upon the same premises. (Ord. of 5-10-84, § 9) Sign, alteration to: Any enlargement, rewording (other than in the case of theatre or cinema signs or other sign boards with automatically changing messages) redesigned or altered in any way, other than routine maintenance, including repainting in a different color, or, any work on a sign that has deteriorated to such an extent that the cost of restoration would exceed thirty (30) percent of the repl acement cost of the sign at time of restoration. Any alteration to a sign must conform to the requirements of this ordinance. (Ord. of 5-10-84, § 9) Sign, area of: The area of a sign shall be considered to be that of the smallest rectangle or other convex shaped whi ch encompasses all the letters and symbols of the sign message or such message together with any frame, background, trim, or other integral part of the display on which such message is placed. (Ord. of 5-10-84, § 9) Sign, awning: Any sign placed on the vertical face of an awning which is attached to a building. (Ord. of 5-10-84, § 9) Sign, band: A horizontal band, usually located at the top or just above the first level, but below any second level which len ds itself as the logical place on the building in which to place a wall sign. (Ord. of 5-10-84, § 9) Sign, business: A sign which directs attention to a business or profession conducted or to a commodity, serv ice, or entertainment sold or offered upon the premises where such sign is located, or to which it is affixed. (Ord. of 5-10- 84, § 9) Sign, cluster: Two (2) ore more signs integrated into one freestanding sign structure. (Ord. of 5-10-84, § 9) Sign, directory: A sign located on a building, or freestanding within the area between the building and one-half the distance to the nearest property line, purpose of w hich is to identify the occupants and their location within a 12 building. (Ord. of 5-10-84, § 9) Sign, flashing: Any illuminated sign on which the artificial light is not maintained stationary, or constant in intensity and color at all times when such sign is in use. Fo r this purpose, any revolving, illuminated sign shall be considered a "flashing sign." (Ord. of 5-10-84, § 9) Sign, freestanding: A sign not part of or attached to any building but located elsewhere on a lot. (Ord. of 5-10-84, § 9) Sign, home: Home sign not over two (2) square feet in area noting the name of the owner or occupant of a single- family dwelling. (Ord. of 5-10-84, § 9) Sign, lineal frontage: The length in feet an establishment abuts a str eet or p ublic right of way at first floor or entrance level. (Ord. of 5-10-84, § 9) Sign, off-premises: A sign which advertises or announces a use conducted or goods availa ble elsewhere than on the lot on which the sign is located (see section 6.3.5(l)). (Ord. of 5-10-84, § 9) Sign, portable: A freestanding sign not permanently affixed, anchor ed, or secured to the ground or a structure on the lot it occupies (see section 6.3.5(i)). (Ord. of 5-10-84, § 9) Sign, projecting: Any sing which is attached to a building or ot her structure which projects more than twelve (12) inches from the wall surface of the building or structure in front of which the sign is positioned (see section 6.3.5(n)). (Ord. of 5-10-84, § 9) Sign, roof: Any sign erected, constructed, and maintained u pon or over the roof of any building (see section 6.3.4(K)). (Ord. of 5-10-84, § 9) Sign, temporary: Any sign intended to be maintained for a continuous period not to exceed thirty (30) days. (Ord. of 5-10-84, § 9) Sign, wall: Sign or letters placed on the building which projects no more than twelve (12) inches from and is parallel to the face of the building. (Ord. of 5-10-84, § 9) Sign, window: Signs painted or posted on an interior translucen t surface including windows or doors. (Ord. of 5- 10-84, § 9) Site perimeter buffer: A landscaped area sufficient in plant density to visually screen one lot from another. (Ord. of 5-9-97, § 1) Street: An accepted city way, or a way established by or mainta ined under county, state, or fe deral authority, or a way established by a subdivision plan approved in accordance with the subdivision control law, or a way determined by the planning board to have sufficient width, suitable grades, and adequate construction to provide for the needs of vehicular traffic in relation to the proposed use of the land, and for the installation of municipal services to serve such land and the building or buildings erected or to be erected thereon. (Ord. of 5-10-84, § 5) Street tree: A large canopy deci duous tree, capable in size and mass of forming a vegetative screen along a roadway, driveway or parking lot. (Ord. of 5-9-97, § 1) Structure: Anything erected at a fixed location on the ground to give support, provide shelter, or satisfy other purposes including a building. Swimming pool: A private or public facility, located above or below surroundi ng grade, exceeding one hundred 13 (100) feet of surface area, confining a bod y of water deeper than eighteen (18) inches, as measured from the lowest point in the pool a vertical distance to the grade level or top of the pool; used for swimming, diving and various water sports. (Ord. of 5-10-84, § 6) Two-family dwelling: A detached dwelling designed for and occupied by no more than two (2) families, or two (2) one-family houses built together at the same time and separated by a fire-proof division with no openings. Trailer: A vehicle without motive power designed to be drawn by a motor vehicle used for hauling and standing on wheels or rigid supports but excluding a mobile home. (Ord. of 5-10-84, § 7) Unit: A part of a multiple family dwelling including one or more rooms, with appurtenant areas, such as balconies, terraces, and storage lockers, if any are stipulated in the a pplicable document of title, occupying one or more floors or part of parts thereof, including the enclosed space therein, intended for use by a family, and with a direct exit to a street or way or to a common area leading to a street or way. (Ord. of 5-10-84, § 8) Usable open space: The part or parts of land or structures within a MPRD which are reserved for active or passive recreation use. This open space shall exclude parking areas, driveways, and walkways and open areas in commercial areas and shall be open and unobstructed to the sky. Tr ees, plantings, arbors, fences, flagpoles, sculpture, foundations, swimming pools, open air recreational facilities, and similar objects shall not be considered obstructions. (Ord. of 9-16-82, § 2) Variance: An authorization by the Board of Appeals to locate a structure contrary to the terms of the zoning ordinance. A vari ance relates to a partic ular parcel of land, is specifically li mited and is granted only when strict statutory requisites are satisfied. Yard: An unoccupied space open to the sky on the same lo t with a building or structure. Note: See Diagrams Figures 1 and 2. (Ord. of 7-22-2004; 12-09-2004) Section 3 Establishment of Zoning Districts 14 SECTISOUNMSMAR Y 3.1 Classes of Districts 3.2 Incorporation into Zoning Maps 3.3 Boundaries of Districts 3.4 Lots in Two Districts 3.1 CLASSES OF DISTRICTS For the purpose of this ordinance, the City of Peabody is hereby divided into the following zoning districts: District General Purpose R-1 Single Family Residence R-1A Single Family Residence R-1B Single Family Residence R-2 Single Family and Two Family Residence R-3 Multiple Family Residence R-4 Multiple Family Residence R-5 Multiple Family Residence PRD Planned Residential Development MH Mobile Homes B-R Regional Business B-C Central Business B-H Highway Business B-HN Highway Business North B-H2 Business Highway Light Industry B-N Neighborhood Convenience Business B-N2 Neighborhood Business I-L Light Industry I-P Industrial Park DDD Designated Development District FPWD Flood Plain/Wetlands District MPRD Municipal Properties Reuse District MU Mixed Use Overlay Zone HP Hillside Protection Overlay Zone SWPD Surface Water Protection District GPD Groundwater Protection District (Ord. of 6-27-78, § 1(3.1); Ord. of 10-1-81, § 1; Ord. of 9-16-82, § 3; Ord. of 6-23-83, § 1; Ord. of 5-10-84, § 11; Ord. of 10-11-84, § 7; Ord. of 11-21-96, § 4; Ord. of 5-14-98, § 1 Ord. of 4-29-08) Editors Note: The DDD, designated development district, has been added to subsection 3.1 by the editor in light of an ordinance adopted April 28, 1988. 3.2 INCORPORATION INTO ZONING MAPS Said districts are as shown, defined anded on the maps accompanying this onance, entitled "City of Peabody, Mass, Zoning Map, 1975, Sc ale: 1" = 800'" and "City of Peabod y, Mass. Wetlands Conservancy Map, Scale: 1" = 800'", both of which are on file in the offi ce of the city clerk and with the planning board. The zoning maps, with all explanatory matter thereon, are made part of this ordinance. 3.3 BOUNDARIES OF DISTRICTS The district boundaries shall be as shown on the zoning maps, the scale of the maps and the figures entered to serve 15 as guides. Where boundary lines run para llel to and a distance of approximately one hundred (100) feet from street lines, said distances shall be deemed to be one hundred (100) feet. Where building lines for business and industrial districts are hereafter established by the city, the district boundary lines may be measured from the new street line. 3.4 LOTS IN TWO DISTRICTS When a district boundary line divides a lot in single or join t ownership at the time such line is established, a use permitted on the less restricted portion may be extended into the more restricted portion, but in no case more than twenty-five (25) feet over the establection shall not apply to the flood boundary district and wetlands conservation district. (Ord. of 10-23-80, § 1) Sect Uoen gulations SECTIONMSMARY 4.1 General Requirements 4.2 Schedule of Use Regulations 16 4.3 Flood Boundary District and Wetlands Conservancy District 4.4 Special Permit Uses 4.5 Municipal Properties Reuse Development District 4.6 Designated Development District (DDD) 4.7 Family Accessory Living Areas/Purpose/Requirements/Procedure 4.8 Continuing Care Retirement Communities/Requirements 4.9 Surface and Groundwater Protection Districts 4.10 Mobile Home Park Requirements 4.11 Inclusionary Zoning Requirements 4.1 GENERAL REQUIREMENTS No building or structure shall be erected, altered or used and no premises shall be used for any purpose or in any ma nne r other thn as se forth in section 4.2 schedule of use regulations in tordinance and in accordance with the following notation: xuer. itted a = allowed use under a special permit by the city council. blank =prohiubse.d Uses permitted and uses allowed by the city council shall be in conformity with all the density and dimension of regulations and any other requirements of this ordinance. 17 x a x a DDD a a x a I-P x a x I-L x x a a x x a x B-N2 x x a a x x a x B-N x x a x a x a B-H2 x a B-H x x B-C a a a a x x a x a a B-R a a x x a x a a MH x a a a a a a a a x a a x x a PRD a a a x x a x a R-5 R-4 x x x a a a a x x a a x a a a x x x a a a a x x a a x a a a R-3 x x a a a x x a a x a a R-2 x a a a x x a a x a a a R-1B x a a a x x a a x a a a R-1A R-1 x a a a x x a a x a a a 4.2 - Schedule of Use Regulations xxx x x a B-HN moderate income Uses OneT-fm-iytple-liuglocbselligusotwi-Farmesftrl,Clihrtnorfro(tlrtaisinerpfsiyrsocferi,teshanmnan,aydeartetcemie,dncggmlsor daycare 4.2.1 Residential • • • 4.2.2 Agricultural and othe(rs(O.od..-2n-8t,u§t)n(alrd of 4-29-08) a a a a a a DDD a a a a a I-P a a a x x a x I-L a a x x a B-N2 a a x x a a B-N a a a x a a a a a x B-H2 a a a x x a a B-H x B-Ca a a x a a x x a x x B-Ra a a x a a x x a x x MH a a x a a a a a a x a a a a PRD a a R-5 R-4a a a x a a a a a a a a a x a a a a 19 R-3 (cont.) a a a x a a a a R-2 a a a x a a a a R-1B a a a x a a a a R-1A R-1a a a x a a a a 4.2 - Schedule of Use Regulations a a a x x a x a B-HN Uses NocnhplofidulnaidnPsilfritteuteeileuuimesbnianilgs,ieinoosoittta,ponmatilsatrtltm,iet.rvlor2iimaatatlr(Otrdcotrl-r9s-v)ices • • • • • • (Or3;.o)fO.r548-14l2i,§82;(Ood4.2ff8-11§4.,).§5 Business a a a a DDD I-P x x x x I-L a a a a B-N2 a a a a B-N x x x x B-H2 B-Hx x x B-Cx x x x B-Rx x x x MH a a a PRD R-5 R-4x x x 20 R-3 (cont.) R-2 R-1B R-1A R-1 4.2 - Schedule of Use Regulations x x x B-HN Uses Retiilteh,blshhisflteiodiue,iafllot,sntrlanieibelwop,gnadiyieriiss,areihritnrscltonesitdltllepasdisa,iestyprsdedeldyenieo(5) full- • • • • a a a a DDD a x a I-P a x a x a I-L a a a a B-N2 a a a a B-N a x a a B-H2 a a B-H x x x B-C a x x x a B-R a x a a a MH a PRD R-5 R-4 x 21 R-3 (cont.) R-2 R-1B R-1A x R-1 4.2 - Schedule of Use Regulations a x x x a a B-HN Uses CocmlnnocillhiRg,samRtsgettolderdsogifrraml-lrichletcomsahluphtmiewfasfmbselmhospdt,litrslstbthiersdecwreeiillevepronson • • • • • • • a a a x x x DDD a a x a a x x I-P a a a x a a x x I-L a a a a a a B-N2 a a a a a a B-N a a a a a a a x x B-H2 a a x a a x x B-H a a a x x a a x x B-C a a a x x a a x x B-R a a a a MH D a PR R-5 a a a a a a a R-4 a a 22 R-3 (cont.) R-2 a a a a R-1B a a R-1A a a R-1 4.2 - Schedule of Use Regulationa a a x x aa a a x a a x x B-HN onal facilities Uses ResatrorfftedumBreileronghcWdesos,istteeicohstleem,ennsltretsnaolewniip,alesfihlitimtoctsaiid,outetitu,siness • • • • • • • • • • • • a a DDD x a a I-P x x x x I-L a B-N2 a a B-N x a a a x B-H2 a a x B-Hx x x B-Cx x a x x B-Rx x a x x MH PRD R-5 R-4 23 R-3 R-2 R-1B R-1A R-1 x a x a a xa x a x a a B-HN 4.2 - Schedule of Use Regulations (cont.) Uses OffciasentdrsOaterriisoetrarseiraluecoaaloio,pgnuerrte,ooomdtomloruitttrmltwtishnsynlen/idaipbalnnatiiiinontiiurshngviowhhesbrsaicasting • • • • • • • • • a DDD a I-P a I-L B-N2 B-N B-H2 a B-H B-C B-R a MH PRD R-5 R-4 24 R-3 R-2 R-1B R-1A a R-1 a a a a a x xx xxxxxxxxxx xx xxxxxxx x x x x B-HN 4.2 - Schedule of Use Regulations (cont.) (Ord Uses Selmsaerviei-Rlrftmotlecidrdirirylitrobnamil4-6-,§,rof 4-29-08) (Ord of 11-13-08)91),0§- 1;fiiialltrduratdnialfabdisali-namnvdrreeaalln • • • • • • (Ord. of 9-11-,.2.•Orddofst24-l7,§ 1;•rd. o• • • • DDD xx I-P I-L B-N2 B-N B-H2 B-H B-C B-R MH PRD R-5 R-4 25 R-3 (cont.) R-2 R-1B R-1A x R-1 4.2 - Schedule of Use Regulations x x xx x x x x x x x x x xx xxx x xx x x x x x B-HN and development Uses Labdeactivitiesdosshibeithoruptiperdncwndoer,eatloin-,siseliisiaiiilwuiins;iaetllmienrnaroemsrodidrtarevcuotiglanaytkere • • • • • • • • • • a DDD xx a I-P a I-L a x x x x B-N2 a x x x x B-N a B-H2 a B-H B-C a x B-R a x
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