Swampscott, MA - Updated 4/7/2006

Your browser either does not support JavaScript or you have JavaScript disabled. Please enable JavaScript or view this page in Text Version.

Town of Swampscott

Updated 4/7/2006

TOWN OF SWAMPSCOTT

ZONING BY-LAW

• Adopted by the unanimous vote of the Special Town Meeting held May 2, 2000 •

• Approved by the Massachusetts Attorney General on August 21, 2000 •

• Posted in accordance with M.G.L. c. 40 § 32 on August 28, 2000 •

• Updated at Town Meeting on May 16, 2005 •

04/06

TABLE OF CONTENTS

SWAMPSCOTT ZONING BY-LAW

Article I. Purpose and Authority. 1

Article II. Use, Dimensional and Timing Regulations. 1

2.1.0.0. Districts. 1

2.1.1.0. Establishment of districts 1

2.1.2.0. Establishment of overlay districts 1

2.1.3.0. Official zoning map. 2

2.1.4.0. Rules for interpretation of zoning district boundaries 2

2.2.0.0. Use Regulations. 3

2.2.1.0. General 3

2.2.2.0. Applicability 3

2.2.3.0. Table of Principal Uses 3

2.2.4.0. Residential Accessory Uses 6

2.2.5.0. Non-residential Accessory Uses 8

2.2.6.0. Home Occupations 8

2.2.7.0. Nonconforming Uses and Structures. 10

2.3.0.0. Dimensional Regulations 12

2.3.1.0. General 12

2.3.2.0. Table of Dimensional Requirements 12

2.3.3.0. Accessory Buildings and Structures 12

2.3.4.0. Multiple Principal Structures 13

2.3.5.0. Grandfathered or Undersized Lots 13

2.3.6.0. Dimensional Special Permit 13

2.3.7.0. Height of Buildings 14

2.3.8.0. Additional Regulations 14

2.3.9.0. Business 3 (B3) District Requirements 15

Article III. General Regulations. 16

3.1.0.0. Off_Street Parking and Loading 16

3.1.1.0. General Parking Requirements 16

3.1.2.0. Number of Spaces 17

3.1.3.0. Size of Parking Spaces 18

3.1.4.0. Lanes for Circulation and Access 18

3.1.5.0. Parking Lot Design 19

3.1.6.0. Off_Street Loading 19

3.2.0.0. Signs 19

3.2.1.0. Applicability 19

3.2.2.0. General Standards 20

3.2.3.0. Permitted Signs in All Districts 21

3.2.4.0. District or Use Regulations 22

3.2.5.0. Specific Sign Types 23

3.2.6.0. Permit Requirements 25

3.2.7.0. Enforcement 25

3.3.0.0. General Landscaping and Screening Requirements 25

3.3.1.0. Landscaping 25

3.3.2.0. Screening 26

3.3.3.0. Exceptions 27

3.3.4.0. Waiver or Modification 27

3.4.0.0. Environmental Standards 27

3.4.1.0. Disturbances 27

3.4.2.0. Lighting 28

3.5.0.0. Approved Street Plan 28

3.5.1.0. General 28

3.6.0.0. Assisted and Independent Living Facilities 28

3.6.1.0. Purpose 28

3.6.2.0. Definitions 29

3.6.3.0. Special Permit 30

3.6.4.0. Application 30

3.6.5.0. Standards 31

3.6.6.0. Conversion of Existing Structures 36

3.6.7.0. Action by the Board of Appeals 36

Article IV. Special Regulations 37

4.1.0.0. Flood Plain/Wetland Protection Overlay District 37

4.1.1.0. Purpose 37

4.1.2.0. Location of District 37

4.1.3.0. Overlay District 38

4.1.4.0. Permitted Uses 38

4.1.5.0. Emergency Work. 38

4.1.6.0. Prohibited Uses 39

4.1.7.0. Uses Available by Special Permit 39

4.1.8.0. Special Permit Application 39

4.1.9.0. Decision 39

4.2.0.0. Coastal Flood Area Overlay District 40

4.2.1.0. Purpose 40

4.2.2.0. Definitions. 40

4.2.3.0. Location of District 41

4.2.4.0. Floodway and Base Flood Elevation Data 41

4.2.5.0. Overlay District 41

4.2.6.0. Permitted Uses - A and V Zones 43

4.2.7.0. Special Rules - Zone V 43

4.2.8.0. Variation by Special Permit 44

4.2.9.0. Prohibitions 45

4.2.10.0. Duties of the Building Inspector and Maintenance of Records 45

4.2.11.0. Notification of Watercourse Alteration 46

4.3.0.0. Wireless Communications Services Overlay District 46

4.3.1.0. Purpose 46

4.3.2.0. Location of District 46

4.3.3.0. Overlay District 47

4.3.4.0. Permitted and Prohibited Uses 47

4.3.4.0. Uses Available by Special Permit 47

4.3.5.0. Conditions 47

4.3.6.0. Special Permit Application 49

4.3.7.0. Exemptions 50

4.3.8.0. Certification and Removal 50

4.4.0.0. Regulations Pertaining to Specific Uses 51

4.4.1.0. Public garages, service stations, and liquor establishments 51

4.4.2.0. Access to commercial or industrial buildings 51

4.4.3.0. Obstructions to traffic 51

4.4.4.0. Stripping, excavating or mining 51

Article V. Administration and Procedures 52

5.1.0.0. General 52

5.1.1.0. Permits 52

5.1.2.0. Enforcement 52

5.1.3.0. Penalties 52

5.2.0.0. Board of Appeals 52

5.2.1.0. Establishment 52

5.2.2.0. Powers 52

5.2.3.0. Regulations 53

5.2.4.0. Fees 53

5.3.0.0. Special Permits 53

5.3.1.0. Special Permit Granting Authority 53

5.3.2.0. Criteria 53

5.3.3.0. Procedures 54

5.3.4.0. Development Impact Statement (DIS) 54

5.3.5.0. Conditions 56

5.3.6.0. Plans 56

5.3.7.0. Lapse 56

5.3.8.0. Regulations 56

5.3.9.0. Fees 56

5.4.0.0. Site Plan Review 57

5.4.2.0. Applicability 57

5.4.3.0. Procedures 58

5.4.4.0. Preparation of Plans 59

5.4.5.0. Contents of Plan - Commercial 59

5.4.6.0. Contents of Plan - Residential 61

5.4.7.0. Waiver of Compliance 62

5.4.8.0. Approval 62

5.4.9.0. Lapse 63

5.4.10.0. Regulations 63

5.4.11.0. Fee 63

5.4.12.0. Appeal 63

5.5.0.0. Amendments 63

5.6.0.0. Applicability/General Provisions 63

5.6.1.0. Other Laws 63

5.6.2.0. Conformance 64

5.6.3.0. Section Headings 64

5.7.0.0. Partial Invalidity 64

Article VI. Definitions. 64

Appendix A - Table of Dimensional Requirements: Section 2.3.2.0 74

Appendix B - Illustrations 76

Appendix C - Referenced Former By-Law Provisions 81

Article I. Purpose and Authority.

These regulations are enacted to:

(a) promote the general welfare of the Town of Swampscott;

(b) protect the health and safety of its inhabitants;

(d) preserve the cultural, historical and agricultural/maritime heritage of the community;

(e) promote the natural, scenic and aesthetic qualities of the town;

(f) increase the amenities of the town; and

(g) reduce the hazard from fire by regulating the location and use of buildings and the area of open space around them,

all as authorized by the provisions of the Zoning Act, G.L. c. 40A, as amended, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts.

Article II. Use, Dimensional and Timing Regulations.

2.1.0.0. Districts.

2.1.1.0. Establishment of districts. For the purposes of this By_Law, the Town of Swampscott is hereby divided into the following districts:

2.1.1.1. Residence A-1 District

2.1.1.2. Residence A-2 District

2.1.1.3. Residence A-3 District

2.1.1.4. Business B-1 District

2.1.1.5. Business B-2 District

2.1.1.6. Business B-3 District

2.1.2.0. Establishment of overlay districts. For the purposes of this By_Law, the Town of Swampscott also establishes the following overlay districts:

2.1.2.1. Flood Plain/Wetland Protection Overlay District

2.1.2.2. Coastal Flood Area Overlay District

2.1.2.3. Wireless Communications Facilities Overlay District

2.1.3.0. Official zoning map. The districts set forth above are shown on the official zoning map(s), entitled "Zoning Map of the Town of Swampscott, prepared under the direction of the Planning Board," on file with the Town Clerk. Overlay districts are mapped as set forth herein. Such maps, together with all explanatory material thereon, are hereby incorporated by reference and declared to be part of this by_law.

2.1.4.0. Rules for interpretation of zoning district boundaries. Where uncertainties exist as to the boundaries of districts as shown on the official zoning maps the following shall apply:

2.1.4.1. Where the boundary lines as shown upon said map approximately follow the street lines of public and private ways or railways, the centerlines of such ways shall be the boundary lines.

2.1.4.2. Where the boundary lines are shown approximately on the location of property lot lines, and the exact location of property, lot or boundary lines is not indicated by means of dimensions shown in figures, then the property or lot lines shall be the boundary lines.

2.1.4.3. Boundary lines located outside of street lines and shown approximately parallel thereto shall be regarded as parallel to such street lines, and dimensions shown in figures placed upon said map between such boundary lines and street lines are the distance in feet of such boundary lines from such street lines; such distances being measured at right angles to such street lines unless otherwise indicated.

2.1.4.4. In all cases which are not covered by other provisions of this section, the location of boundary lines shall be determined by the distance in feet, if given, from other lines upon said map, by the use of identifications as shown on the map, or by the scale of the map.

2.1.4.5. Where the district boundary line follows a stream, lake or other body of water, said boundary line shall be constructed to be at the thread or channel of the stream; or at the limit of the jurisdiction of the Town of Swampscott, unless otherwise indicated.

2.1.4.6. Where a district boundary line divides any lot existing at the time such line is adopted, the regulations of any district in which the lot has frontage on a street may be extended by special permit from the board of appeals not more than thirty (30) feet into the other district.

2.1.4.7. Where physical or cultural features existing on the ground are at variance with those shown on the official map, or in other circumstances not covered by the above subsections, the board of appeals shall interpret the district boundaries.

2.2.0.0. Use Regulations.

2.2.1.0. General. No structure shall be erected or used or land used except as set forth in Section 2.2.3.0, "Table of Principal Uses", or as otherwise provided in this By-law or by statute. Uses not expressly provided for herein are prohibited. Not more than one principal structure shall be placed on a lot, except in accordance with Section 2.3.3.0.

Symbols employed below shall mean the following:

Y _ A permitted use as a matter of right.

N _ An excluded or prohibited use.

SP _ A use authorized under special permit from the Board of Appeals as provided under Section 5.3.0.0.

2.2.2.0. Applicability. When an activity might be classified under more than one of the following uses, the more specific classification shall govern; if equally specific, the more restrictive shall govern.

2.2.3.0. Table of Principal Uses. See definitions in Article VI.

PRINCIPAL USE	A1	A2	A3	B1	B2	B3
A. RESIDENTIAL
1. Single-family dwelling	Y	Y	Y	Y	Y	Y
2. Two-Family dwelling	N	N	Y	Y	Y	Y
3. Multi-family dwelling	N	N	N	N	N	SP
4. Bed and Breakfast Establishment	SP	SP	SP	SP	SP	SP
5. Boarding House	N	N	N	SP	SP	SP
7. Accessory Apartment	N	N	N	N	N	N
8. Group Residence	SP	SP	SP	SP	SP	SP
9. Assisted or Independent Senior Living	SP	SP	SP	SP	SP	SP
10. Home Occupation As of Right	Y	Y	Y	Y	Y	Y
11. Home Occupation by Special Permit	SP	SP	SP	SP	SP	SP
B. EXEMPT AND INSTITUTIONAL USES
1. Use of land or structures for religious purposes	Y	Y	Y	Y	Y	Y
2. Use of land or structures for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation	Y	Y	Y	Y	Y	Y
3. Child care facility	Y	Y	Y	Y	Y	Y
4. Use of land for the primary purpose of agriculture, horticulture, floriculture, or viticulture on a parcel of more than five acres in area	Y	Y	Y	Y	Y	Y
5. Facilities for the sale of produce, and wine and dairy products, provided that during the months of June, July, August, and September of every year, or during the harvest season of the primary crop, the majority of such products for sale, based on either gross sales dollars or volume, have been produced by the owner of the land containing more than five acres in area on which the facility is located	Y	Y	Y	Y	Y	Y
6. Municipal facilities	SP	SP	SP	SP	SP	SP
7. Essential services	SP	SP	SP	SP	SP	SP
8. Hospital	N	N	N	N	N	SP

C. COMMERCIAL

1. Nonexempt educational use	N	N	N	SP	SP	SP
2. Nursing or convalescent home	N	N	N	N	N	SP
3. Funeral home	N	N	N	N	N	SP
4. Motel or hotel	N	N	N	N	SP	SP
5. Retail stores and services not elsewhere set forth	N	N	N	SP	SP	SP
6. Bakery, pizzeria, delicatessen, convenience food mart	N	N	N	SP	SP	SP
7. Motor vehicle sales and rental	N	N	N	SP	SP	SP
8. Motor vehicle general and body repair	N	N	N	N	SP	SP
9. Motor vehicle light service	N	N	N	SP	SP	SP
10. Restaurant	N	N	N	SP	SP	SP
11. Restaurant, fast-food	N	N	N	SP	SP	SP
12. Restaurant, drive-in	N	N	N	N	N	N
13. Business, medical or professional office, large	N	N	N	SP	SP	SP
14. Business, medical or professional office, small	N	N	N	Y	Y	Y
15. Medical center or clinic	N	N	N	SP	SP	SP
16. Personal service establishment	N	N	N	SP	SP	SP
17. Bank, financial institution	N	N	N	SP	SP	SP
18. Automatic teller machines	N	N	N	SP	SP	SP
19. Outdoor vending machines, kiosks, booths and outdoor display of merchandise	N	N	N	SP	SP	SP
20. Commercial recreation, indoor	N	N	N	SP	SP	SP
21. Commercial recreation, outdoor	N	N	N	N	N	Y
22. Club or lodge, nonprofit	N	N	N	SP	SP	SP
23. Family day care	Y	Y	Y	Y	Y	Y
24. Adult day care	SP	SP	SP	SP	SP	SP
D. INDUSTRIAL
1. Light manufacturing	N	N	N	SP	SP	SP
2. Warehouse, wholesale, self-storage mini-warehouse, or distribution facility	N	N	N	N	SP	SP
3. Contractor's yard	N	N	N	N	SP	SP
4. Junkyard or automobile graveyard	N	N	N	N	N	N
5. Outdoor storage	N	N	N	N	SP	SP

2.2.4.0. Residential Accessory Uses. Accessory uses described herein are permitted in residential districts only in accordance with lawfully existing principal uses.

2.2.4.1. Accessory Scientific Uses. Uses, whether or not on the same parcel as activities permitted as a matter of right, which are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit by the Board of Appeals, provided that the Board finds that the proposed use does not substantially derogate from the public good.

2.2.4.2. Major Recreational Equipment. No major recreational equipment shall be stored on any lot in the Residence A-1, A-2 or A-3 Districts other than in a carport or enclosed building or behind the building line of the principal building, provided however that such equipment may be parked or stored anywhere on residential premises for a period not to exceed seventy-two (72) hours. No such equipment shall be used for living or housekeeping purposes when stored on a residential lot, or in any location not approved for such use.

2.2.4.3. Unregistered motor vehicles. No person shall permit more than one (1) unregistered motor vehicle, or major parts thereof, to remain ungaraged on his premises at any time unless under a class 1 or class 2 license for the sale of motor vehicles. In no event shall such a vehicle be permitted to remain for more than six months.

2.2.4.4. Commercial motor vehicles and equipment. No person shall permit any commercial vehicle or piece of equipment to be remain ungaraged any where on his premises in any Residential District with the following exceptions: Commercial vehicles and pieces of equipment belonging to contractors providing services to the premises may be parked outside only while such services are being actively performed. Each dwelling unit may have one truck of less than 9,500 pounds manufacturer's GVW rating which has not been decorated with letters or signage greater than that required by the United States Department of Transportation or the Massachusetts Registry of Motor Vehicles parked on any paved area of the premises.

2.2.4.5. Family Day Care and Adult Day Care. Family Day Care may be permitted as an accessory use. Adult Day Care may be permitted as a principal or an accessory use upon the issuance of a special permit by the Board of Appeals. Providers shall comply with all applicable federal, state, and local laws.

2.2.4.6. Boarders in Single-family Dwelling. The renting of rooms and/or furnishing of board to not more than two (2) persons in a single-family dwelling by the owner/occupant thereof shall be a permitted accessory use. The renting of rooms and/or furnishing of board to more than two persons shall cause the use to be classified as a boarding house subject to the provisions of Section 2.2.3.0, herein.

2.2.4.7. Garage. Garage or storage space for not more than three (3) private automobiles is a permitted accessory use in a Residence A-1, A-2 or A-3 District. Garage or storage space for additional private automobiles shall be by special permit pursuant to 5.3.0.0.

2.2.4.8. Radio Antenna. The construction or use of a radio antenna by a federally licensed amateur radio operator is a permitted accessory use; provided, however, that no such antenna shall exceed the height reasonably necessary to accommodate effective communication.

2.2.5.0. Non-residential Accessory Uses. Any use permitted as a principal use is also permitted as an accessory use in non-residential districts provided such use is customarily incidental to the main or principal building or use of the land. Any use authorized as a principal use by special permit may also be authorized as an accessory use by special permit provided such use is customarily incidental to the main or principal building or use of the land. Any use not allowed in the district as a principal use is also prohibited as an accessory use. Accessory uses are permitted only in accordance with lawfully existing principal uses. In all instances where site plan review and approval is required for a principal use, the addition of any new accessory use to the principal use, where such addition exceeds the thresholds established in Section 5.4.0.0, shall also require site plan review and approval.

2.2.6.0. Home Occupations. Home occupations, as defined in Article VI, are permitted as of right or by special permit as follows:

2.2.6.1. Home Occupations As of Right. Businesses or professions subordinate to and customarily associated with the principal residential use of premises may be engaged in as an accessory use by the owner of that dwelling, provided, however, that all of the following conditions shall be satisfied:

a. The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto which has been in existence at least five (5) years, without extension thereof.

b. Not more than twenty-five (25) percent of the gross square footage of the residence and any qualified accessory structures shall be used in the home occupation; provided, however, that no exterior alteration of the building shall be permitted to accommodate the home occupation.

c. The building or premises occupied shall not be rendered objectionable or detrimental to the residential character of the neighborhood due to the exterior appearance, emissions of odor, gas, smoke, dust, noise, electrical disturbance or in any other way. No disturbance, as defined in Section 3.4.1.0, shall be caused, nor shall the home occupation use or store hazardous materials in quantities greater than associated with normal household use. In a structure containing more than one dwelling unit, the use shall in no way become objectionable or detrimental to any residential use within the structure.

d. Traffic generated shall not exceed volumes normally expected in a residential neighborhood.

e. The business or profession shall apply for a business certificate and occupancy permit.

f. There shall be no display of goods or wares visible from the street or sale of merchandise from the premises.

g. Any such building shall include no feature of design not customary in buildings for residential use.

h. No exterior storage of materials, and no other exterior indication of the home occupation, or other variation from the residential character of the premises.

i. No person not a member of the household shall be employed on the premises in the home occupation, except one subordinate employee on site at any one time.

j. The home occupation, except for piano teachers and tutors, shall not serve clients, customers, salespersons, or the like on the premises.

k. There shall be no sign, exterior display, or other advertising device visible from off the lot.

2.2.6.2. Home Occupations by Special Permit. Businesses or professions incidental to and customarily associated with the principal residential use of premises may be engaged in as an accessory use by the owner of that dwelling upon the issuance of a special permit by the Board of Appeals provided, however, that all of the following conditions shall be satisfied:

a. All of the requirements of Sections 2.2.6.1.a-h.

b. Not more than two (2) persons not members of the household shall be employed on the premises in the home occupation at any one time.

c. An unlighted, exterior sign advertising the home occupation shall not exceed one square foot in area and must be attached flush to the building and shall be constructed to be in keeping with the character of the neighborhood.

d. Parking generated by the home occupation shall be accommodated off_street, other than in a required front yard.

e. No disturbance, as defined in Section 3.4.1.0, shall be caused. The use or storage of hazardous materials in quantities greater than associated with normal household use shall be subject to design requirements to protect against discharge to the environment.

f. Hours of operation shall be determined by special permit based upon the nature of the home occupation.

2.2.7.0. Nonconforming Uses and Structures. This zoning by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, § 5 at which this zoning by-law, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.

2.2.7.1. Nonconforming Uses. The Board of Appeals may award a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals:

a. Change or substantial extension of the use;

b. Change from one nonconforming use to another, less detrimental, nonconforming use.

2.2.7.2. Nonconforming Structures, Other Than Single and Two Family Structures. The Board of Appeals may award a special permit to reconstruct, extend, alter, or change a nonconforming structure in accordance with this section only if it determines that such reconstruction, extension, alteration, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood. The following types of changes to nonconforming structures may be considered by the Board of Appeals:

a. Reconstructed, extended or structurally changed;

b. Altered to provide for a substantially different purpose or for the same purpose in a substantially different manner or to a substantially greater extent.

The reconstruction, extension or structural change of such nonconforming structures so as to increase an existing nonconformity, or create a new nonconformity, including the extension of an exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance of a variance from the Board of Appeals.

2.2.7.3. Nonconforming Single and Two Family Structures. Nonconforming single and two family residential structures may be extended, altered or structurally changed upon a determination by the Inspector of Buildings that such proposed extension, alteration, or change does not increase the nonconforming natures of said structure. The following circumstances, individually or in combination, shall be deemed not to increase the non-conforming nature of said structure:

1. alteration, extension, or structural change to a structure which complies with all current setback and building height requirements on a lot with insufficient area, and/or insufficient frontage, where the alteration will also comply with all said current setback and height requirements.

2. alteration, extension or structural change to a structure which presently encroaches upon one or more required setback areas, where the alteration will comply with all current setback, and building height requirements.

In the event the Inspector of Buildings determines that the nonconforming nature of such structure would be increased by the proposed extension, alteration, or change, the Board of Appeals may, by special permit, allow such reconstruction, extension, alteration, or change.” Or take any action relative thereto..

2.2.7.4. Abandonment or Non-Use. A nonconforming use or structure which has been abandoned, or not used for a period of two years, shall lose its protected status and be subject to all of the provisions of this zoning by-law.

2.2.7.5. Catastrophe, Demolition or Condemnation. Any nonconforming structure may be reconstructed after a fire, explosion or other catastrophe, after demolition or condemnation, provided that such reconstruction is completed within twelve months after such catastrophe, demolition or condemnation, and provided that the building(s) as reconstructed shall be only as great in volume or area as the original nonconforming structure unless a larger volume or area is authorized by special permit from the Board of Appeals, and further provided that reconstruction is approved by the Planning Board pursuant to 5.4.0.0. Such time for reconstruction may be extended by the Board of Appeals for good cause.

2.2.7.6. Reversion to Nonconformity. No nonconforming use shall, if changed to a conforming use, revert to a nonconforming use.

2.3.0.0. Dimensional Regulations.

2.3.1.0. General. No structure shall be erected or used, premises used, or lot changed in size or shape except in conformity with the requirements of this section, unless otherwise provided in this By_law or by statute.

2.3.2.0. Table of Dimensional Requirements. See Appendix A.

2.3.3.0. Accessory Buildings and Structures.

2.3.3.1. An accessory building which is detached and not part of the main building may be built in the rear yard area, provided that not more than twenty-five (25%) percent of the required rear yard area is occupied by the accessory building. A detached accessory building shall not be located nearer than ten (10) feet to the principal building, nor nearer than five (5) feet to the rear or side lot line, nor nearer to the front street line than the prescribed minimum set-back distance of the respective districts.

2.3.3.2. Garage or carport for not more than three (3) private automobiles is a permitted accessory use in a Residence A-1, A-2 or A-3 District. Such garage shall not be nearer than five (5) feet to any side or rear lot line, nor nearer to the front street line than the prescribed minimum set-back distance of the respective districts.

2.3.3.3. An accessory building shall not exceed fifteen (15) feet in height above the ground level.

2.3.4.0. Multiple Principal Structures. Except in the residential districts, more than one principal nonresidential structure may be erected on a lot, pursuant to a special permit issued by the Board of Appeals in accordance with Section 5.3.0.0 herein and the following conditions:

2.3.4.1. No principal building shall be located in relation to another principal building on the same lot, or on an adjacent lot, so as to cause danger from fire;

2.3.4.2. All principal buildings on the lot shall be served by access ways suitable for fire, police, and emergency vehicles as approved by the Inspector of Buildings;

2.3.4.3. All of the multiple principal buildings on the same lot shall be accessible via pedestrian walkways connected to the required parking for the premises, and to each principal building.

2.3.5.0. Grandfathered or Undersized Lots. Any lot that does not conform to the requirements of this Section 2.3.0.0 shall be governed by the provisions of G.L. c. 40A, § 6, ¶ 4.

2.3.6.0. Dimensional Special Permit. The Board of Appeals may grant a special permit to reduce otherwise applicable requirements for lot area, frontage, width, yard, height or lot coverage restrictions upon a finding that:

2.3.6.1. Compliance with such requirements would be impracticable or unreasonable because of the area, width, depth or shape of the lot;

2.3.6.2. Such reduction may be accomplished without substantial detriment to the neighborhood; and

2.3.6.3. The proposed structure is consistent with the architectural scale and style of those in the immediate area.

2.3.7.0. Height of Buildings. The provisions governing the height of buildings shall not apply to chimneys, cooling towers, flagpoles, elevator bulkheads, skylights, ventilators, and other necessary appurtenant features usually carried above roofs; nor to domes, stacks or spires if such features are not used for human occupancy, and if such features constitute less than twenty-five (25%) percent of the building footprint; nor to ornamental towers, and the like structures which occupy less than twenty-five (25%) percent of the lot area. Such features and structures may be erected to their required height and in excess of the height limits otherwise provided for the district in which the structure is built. This provision shall not be construed to exempt wireless communications facilities from the requirements of Section 4.3.0.0.

2.3.8.0. Additional Regulations.

2.3.8.1. Every part of a required yard shall be open to the sky and unobstructed except for accessory buildings in the yard area, and except for ordinary projections of the belt courses, cornices, sills, skylights, and ornamental features projecting from the building. Open or lattice enclosed fire escapes and the ordinary projections of chimneys and flues are permitted.

2.3.8.2. Projecting eaves, chimneys, bay windows, balconies, open and enclosed fire escapes and like projections which do not project more than four (4) feet, and unenclosed steps, unroofed porches and the like, which do not project more than ten (10) feet beyond the line of the foundation wall, need not comply with the yard regulations otherwise provided for the district in which the structure is built provided that a five (5) foot setback from all side and rear property lines is maintained.

2.3.8.3. On corner lots, the set-back provisions governing the location of buildings on each of the abutting streets shall apply.

2.3.8.4. A lot shall have a minimum width equal to the required frontage of the zoning district in which it lies for the entire depth of the required front yard; said width being measured parallel to the frontage for a lot having a straight frontage, and measured along a line having the same curvature as the frontage for a lot with a curved frontage. Further, no portion of a lot shall have any width dimension less than fifty (50%) percent of the required frontage; with this lesser width being measured perpendicular to a side line.

2.3.9.0. Business 3 (B3) District Requirements. The following additional rules shall apply to development in the B3 District:

2.3.9.1. The minimum distance between apartment buildings shall be forty (40) feet.

2.3.9.2. When adjacent to a Residence District or a lot used for residential purposes, the minimum side yard for uses other than a single or two-family dwelling shall be forty (40) feet.

2.3.9.3. No accessory building or structure shall be located within the required front yard except for free-standing signs as set forth in Section 3.2.0.0, or appropriate fencing.

2.3.9.4. No yard, court, or other open space required for a building in the B3 District may be counted as open space for or occupied by another building.

[The remainder of this page is intentionally blank.]

Article III. General Regulations.

3.1.0.0. Off_Street Parking and Loading.

3.1.1.0. General Parking Requirements.

3.1.1.1. Adequate off_street parking shall be provided to service all parking demand created by new structures, additions to existing structures, or changes of use. Existing buildings and uses need not comply unless expanded or otherwise changed to increase their parking needs.

3.1.1.2. In applying for building or occupancy permits, the applicant shall demonstrate that the minimum parking requirements set forth below will be met for the new demand without counting existing parking necessary for existing uses to meet these requirements.

3.1.1.3. Any parking or loading requirement set forth herein may be reduced upon the issuance of a special permit by the Board of Appeals if the Board finds that the reduction is not inconsistent with public health and safety, or that the reduction promotes a public benefit. Such cases might include:

a. Use of a common parking lot for separate uses having peak demands occurring at different times;

b. Age or other characteristics of occupants of the facility requiring parking which reduces auto usage;

c. Peculiarities of the use which make usual measures of demand invalid.

A reserve area, to be maintained indefinitely as landscaped open space may be required sufficient to accommodate the difference between the spaces required (i.e. the sum of the spaces required for the separate uses individually) and the spaces provided. The parking/site plan shall show (in dotted outline) how the reserve area would be laid out in full compliance with the required number of spaces.

3.1.2.0. Number of Spaces. For the purpose of computing the parking requirements of different uses, the number of spaces required shall be the largest whole number obtained after increasing all fractions upwards to one. Employees shall include the largest number of owners, managers, full and part_time workers and volunteers that may be normally expected on the premises during any single shift or portion thereof. The number of seats in benches, pews, or other continuous seating arrangements shall be calculated at twenty (20) inches for each seat. The following minimum parking requirements shall apply to uses as listed below:

Residential dwelling unit	One per dwelling unit
Rooms for rent or board in a residence	One per each two rented rooms
Hotel or motel	One per employee on largest shift, plus one per guest room, plus one per one hundred square feet of space in function rooms not designed for eating
Place of public assembly	One per each fifty square feet of gross floor area, or one per each three seats of rated capacity, whichever may require the larger number of spaces
Restaurant	One per each fifty square feet of gross floor area, or one per each four seats of rated capacity, whichever may require the larger number of spaces
Indoor recreation, club or similar use	One per each three persons normally expected on the premises at the time of maximum use
Retail business or service establishment	One per each one hundred fifty (150) square-feet of gross floor area
Clinic, medical building	One per staff member, plus one per employee, plus one per each two hundred (200) square feet of gross floor area

Professional and general offices	One per staff member, one per employee, plus one per each two hundred (200) square feet of gross floor area
Fuel storage, contractors' yard, storage warehouses or uses similar in character to the foregoing	One per each employee on the largest shift, and one for each company-owned or operated vehicle, plus space for customers' vehicles and-loading space as appropriate
Multi-family residence	One and one-half (1.5) parking spaces per residential unit

3.1.2.1. In computing parking space requirements no space shall be counted which is needed for circulation or loading of vehicles.

3.1.2.2. In computing gross floor area, eighty (80%) percent of the entire floor area of each structure shall be included regardless of its intended use. Entire floor area shall mean all area enclosed within the exterior walls of a building, including all levels. A summary schedule showing the amount of floor space to be met by the parking shall be included on the parking lot plan.

3.1.2.3. Required spaces may be provided on the same lot with the principal use or on a contiguous or nearby lot in the same district, provided that no space is counted as meeting the requirement of more than one use (except as allowed below) and provided further that the distance between such parking lot and the use it serves shall not exceed two hundred (200) feet.

3.1.3.0. Size of Parking Spaces. A parking space shall mean an area ten (10) feet by twenty (20) feet in size.

3.1.4.0. Lanes for Circulation and Access.

3.1.4.1. Lanes for circulation shall be twenty-five (25) feet in width.

3.1.4.2. A reasonable number of entrances from, and exits to, the highway shall be provided for the lots to be served by such highway, and shall be located with proper regard to the proposed use of the developed area and safety to the pedestrian and vehicular traffic. Where appropriate, paved areas leading to and from entrances and exits shall also be provided.

3.1.5.0. Parking Lot Design.

3.1.5.1. A strip of land not less than six (6) feet in width shall be provided on at least two sides of a parking lot or area and designated on the parking/site plan for the storage of snow plowed from the parking lot; such snow storage area may be located in landscaped areas or in areas of required setbacks from lot lines or building lines.

3.1.5.2. All lighting sources used for parking area illumination shall be shielded from view from roadway and adjacent properties. All direct rays from such lighting shall fall entirely within the parking area. The level of illumination of lighting shall be low so as to reduce the glow of ambient light perceptible on adjacent properties.

3.1.5.3. The use of metal guardrails around parking drives and parking lots is not permitted. Where guardrails are used the type provided shall be of the heavy wooden timber variety. Metal or steel bollard, however, are permitted.

3.1.5.4. Landscaping requirements are set forth in Section 3.3.0.0.

3.1.5.5. Open parking lots containing six (6) or more parking spaces shall be set back fifteen (15) feet from the street line and fifteen (15) feet back from all other lines; provided, however, that along a boundary between business and residential use, parking lot setback shall be twenty (20) feet. Parking spaces shall be set back twelve (12) feet from any wall or a building, and such setback along the front edge of a building shall contain a landscaped buffer of five (5) foot width minimum for entire length of setback.

3.1.6.0. Off_Street Loading. All buildings requiring the delivery of goods, supplies, or materials, or shipments of the same shall have bays and suitable maneuvering space for off_street loading of vehicles.

3.2.0.0. Signs.

3.2.1.0. Applicability. No signs are permitted in any district other than those signs listed herein which comply with the following standards.

3.2.2.0. General Standards.

3.2.2.1. Flashing, moving, animated, or intermittently operating signs or advertising devices are not permitted except for signs showing only temperature and/or time displays.

3.2.2.2. Except as noted herein, pennants, banners, flags, and streamers are not permitted in any district:

a. In residential districts, pennants, banners, flags, streamers, windsocks, etc. for non-commercial purposes are permitted.

b. Country, state, county, or other level of government flags for non-commercial purposes.

c. Flags, banners, sign boards and sandwich signs for municipal purposes.

d. Club or organization flags and banners at the location of the club or organization and location approved by the Selectmen provided a permit is obtained from the Inspector of Buildings.

3.2.2.3. Billboards or off-premises signs are prohibited.

3.2.2.4. Moveable, portable, sandwich sign, or "trailer signs" are prohibited.

3.2.2.5. All signs, except temporary political signs, and other temporary signs listed in Section 3.2.5.3, shall be related harmoniously to the buildings to which they are attached or, if free-standing, to adjacent buildings. Signs shall be compatible in character, material, appearance, and scale with the general character of Swampscott and shall endeavor to enhance the visual environment.

3.2.2.6. Awnings of all materials are permitted. Where lettering is desired on awnings, awnings shall be fabric, canvas, or other material with printing or lettering silk-screened, woven, or otherwise integral to the awning.

3.2.2.7. No sign or other advertising device attached to a building or roof overhang shall project more than twelve (12) inches above the roof ridge or parapet line. All roof signs are prohibited except in the case of a building with a mansard roof in which case no part of the sign shall be higher than the top edge of the slope. Signs may not be attached to chimneys, penthouses, rooftop equipment, or the like; provided, however, that in the case of a sloped roof (but not a mansard), a roof sign shall be permitted provided that the overall length of the sign does not exceed one-fifth (1/5) of the building length and provided that the height of the sign does not exceed one-tenth (1/10) the height of the rise of the roof (measured vertically), and provided that the sign aligns with, or is within two (2) feet of the building cornice/fascia.

3.2.2.8. No sign, other than municipal signs, shall be pasted or attached to utility poles or municipal sign poles, or private or municipal fences. No signs shall be attached to trees.

3.2.2.9. All exterior lighting of signs shall be shielded so as not to cast light directly on adjacent streets or properties. The lighting source shall be shielded from view from adjacent roadways and properties. The level of illumination of lighting shall be low so as to reduce the glow of ambient light perceptible on adjacent properties.

3.2.2.10. All signs and their related supports shall be kept in full repair, and when not galvanized, shall be painted when necessary to prevent corrosion, decay, or an unsightly or neglected appearance.

3.2.3.0. Permitted Signs in All Districts.

3.2.3.1. Two real estate signs per lot, each not over six (6) square feet in area, advertising the sale, rental or lease of the premises on which it is located, and referring to premises.

3.2.3.2. Directional and traffic signs, each not exceeding nine (9) square feet in area, and carrying no advertising.

3.2.3.3. One contractor's sign, not exceeding six (6) square feet in area, in connection with the ongoing renovation or construction of a building. Such sign shall be attached to the building and removed upon construction completion.

3.2.3.4. One "professional offices" sign per lot on the premises of such offices. Size of sign shall not exceed six (6) square feet in area in residential districts.

3.2.3.5. One free-standing sign per lot (except where more may be allowed by other provisions of this by-law) identifying the premises of a municipal building, school, church, temple, or other religious organization building. At municipal buildings, schools, churches, temples, or other religious organization buildings, announcement boards are not construed by this by-law to be a sign.

3.2.3.6. One free-standing sign not exceeding four (4) feet high by eight (8) feet wide on property proposed for subdivision to be removed upon completion of the development of the subdivision.

3.2.4.0. District or Use Regulations.

3.2.4.1. In the B-1 and B-2 districts, provided a special permit has been obtained from the Board of Appeals as provided in Section 5.3.0.0, there shall be permitted advertising signs, as regulated by law and by-law, but no signs or other advertising devices shall be created with a display area greater than sixty (60) square feet; however, a display area up to and including one hundred and twenty (120) square feet in size may be used when the sign is a physical component or feature of the architectural decor of the building, providing that such building has a setback from the highway line of at least seventy-five (75) feet. In addition, one free-standing sign may be permitted, located at any entrance to the premises, not to exceed thirty (30) square feet in area.

3.2.4.2. In the B-3 district, provided a special permit has been obtained from the Board of Appeals as provided in Section 5.3.0.0, there shall be permitted signs attached flat against the wall of the building, but no signs or other advertising devices shall be erected with a display area greater than sixty (60) square feet in size. However, a display area of up to, and including, one hundred and twenty (120) square feet in size may be used when the sign is a physical part of a building designed as part of the architectural decor of the building. In addition, one free-standing sign may be permitted, located at any entrance to the premises, not to exceed sixty (60) square feet in area.

3.2.4.3. At a gas station, in addition to the signs normally permitted in the district, the following signs are permitted:

a. standard and typical per-gallon price signs atop fuel pumps;

b. one location of per-gallon price signs not attached to fuel pumps; and

c. "no smoking" signs required by law.

3.2.5.0. Specific Sign Types.

3.2.5.1. Political signs.

3.2.5.2. Window signs. Temporary and permanent window signs are permitted only in the first-floor windows of a building. The total area of all signs (temporary and permanent added together) in any window shall not exceed 25% of the glass area of the window. Window signs may be illuminated.

3.2.5.3. Temporary Signs. Except as otherwise noted, there shall be no temporary or special promotional signs; provided, however, that the following temporary signs are allowed:

a. Temporary "car wash", “fair", "bazaar", etc. signs, such as used by a school or business for a one-day special event (provided that any other required permits or authorization have been received).

b. Temporary one-day "garage sale" signs (provided that any other required permits or authorizations have been received).

c. Temporary one-day "open house" signs used for real estate purposes (provided that any other required permits or authorizations have been received).

d. Signs that advertise approved subdivisions as outlined in the Swampscott Rules and Regulations.

e. The seasonal display of signs and exterior lighting for the purpose of celebration of holidays.

f. Signs for municipal purposes.

3.2.5.4. Traffic Island Sponsor Signs. For the purpose of identifying the sponsor of the landscaping on a traffic island, traffic island sponsor signs shall be permitted on islands from May 1 through October 31 of each year, according to the following requirements:

a. The overall size of the sign, inclusive of the sign frame (if any), shall be twelve inches by eighteen inches (12" x 18"). The signboard shall be made of a single rigid sheet of plywood of M.D.O. board. One or two posts shall support this sign.

b. The maximum allowable distance from the grade to the top of the sign, inclusive of the sign frame, shall be twenty-six (26) inches. One sign per island is permitted.

c. The sign, including letters, shall be non-illuminated, non-reflective, painted sign. The colors of the sign shall be as follows:

Signboard: dark green (color equivalent to Benjamin Moore paint #5/F-602). Lettering: white. Sign frame (if any): dark green, dark brown, or black. Sign post(s): dark green, dark brown, or black.

d. The signboard shall be painted on both sides and may have lettering on one or both sides. No images other than letters or numerals shall appear on the sign.

e. The lettered message of the sign shall contain only the words: "sponsored by", followed by the name of the individual(s) or business sponsoring the landscaping on the island. The address or the individual(s) may be included on the sign. No other words or message shall appear on the sign.

f. No phone numbers shall appear on the sign. No product trademarks or corporate logos shall appear on the sign.

3.2.5.5. Overhanging signs and awnings. No overhanging sign or awning shall be erected without a special permit issued by the Board of Appeals as provided in Section 5.3.0.0.

3.2.6.0. Permit Requirements. No sign shall be erected, altered, or relocated without a permit issued by the building inspector (except for real estate signs, political signs, window signs, and traffic island sponsor signs that comply with the provisions of this section, and temporary signs as defined in Section 3.2.5.3). Such permit shall not be issued by the building inspector until a proper certificate of public liability insurance is in force.

3.2.6.1. Applications. Applications shall be accompanied by a drawing showing the proposed location, including a photograph of the building facade where the sign is to be located and a portion of adjoining buildings, if applicable; and a dimensional sketch, showing the design, dimensions and position of the sign on the building facade, and such other pertinent information as the building inspector may require to ensure compliance with this by-law.

3.2.6.2. Proposed signs shall be reviewed by the Planning Board pursuant to Section 5.4.0.0.

3.2.6.3. A permit shall be issued only if a sign conforms to the provisions of this by-law and the site plan approval, if applicable, of the Planning Board.

3.2.7.0. Enforcement. The building inspector is charged with the enforcement of this section. The building inspector shall require the proper erection and maintenance of all signs, awnings, and related supports. The building inspector may order the removal of any sign or awning that is not properly maintained. The cost of removal shall be borne by the owner of the sign or of the property on which it is erected.

3.3.0.0. General Landscaping and Screening Requirements.

3.3.1.0. Landscaping. The following requirements for landscaping apply to parking lots with six or more spaces in all districts. For the purpose of this section, landscaping shall consist of any of the following or combination thereof: grass, ground covers, shrubs, vines, flowers, water, hedges, or trees; and non-living durable material commonly used in landscaping, such as but not limited to, rocks, pebbles, or wood chips, but excluding asphalt or concrete. Asphalt, concrete, flagstone, etc., may be used in walkways, walls, and other landscaping features but no amount of “hard” materials such as these shall be counted (in area calculations) toward the required landscaped areas outlined below.

3.3.1.1. At least five (5) percent of the interior area of the parking facility shall be landscaped. This does not include perimeter planting.

3.3.1.2. Each interior and exterior planting area shall be at least twenty-five (25) square feet in area and have no dimension less than five (5) feet.

3.3.1.3. Each interior and exterior planting area shall contain at least one (1) tree and the facility as a whole shall contain at least two (2) trees for every ten (10) parking spaces.

3.3.1.4. Trees used to satisfy parking lot landscaping requirements shall be a minimum of four (4) inch caliper at planting and shall be of species suitable for survival in the parking lot environment. Caliper of tree is measured at point on trunk four (4) feet above grade where tree is planted.

3.3.1.5. Existing trees shall be preserved wherever possible. Removal of any tree exceeding six (6) inch caliper is strongly discouraged.

3.3.1.6. Existing and new trees shall be protected by bollards, high curbs or other barriers sufficient to minimize damage.

3.3.1.7. Extensive unbroken paved areas in large on-grade open parking facilities shall not be permitted. In parking lots containing twenty-five (25) or more spaces, a row shall contain no more than fifteen (15) contiguous parking spaces without a densely planted landscaped buffer of at least the dimensions of one space. Such buffer shall also contain at least one tree.

3.3.2.0. Screening. The following uses of land shall be screened from adjacent residentially used or classified properties as set forth herein: (i) Property line(s) between nonresidential and residential uses or districts; (ii) off-street parking facilities containing six (6) or more spaces and not in a structure; and (iii) refuse disposal and dumpster areas, outdoor storage areas of goods and materials.

3.3.2.1. Screening shall consist of a strip of at least five (5) feet in width of densely planted shrubs or trees which are at least two (2) feet high at the time of planting and are of a type that may be expected to form within three years after time of planting a continuous, unbroken year-round visual screen.

3.3.2.3. Screening as required in this subsection shall be located so as not to obstruct vehicle sight distances, entrances and exits. Such screening shall not be higher than two (2) feet within thirty (30) feet of an intersection or ten (10) feet of a driveway. In no case shall the screening of parking facilities from abutting streets exceed four (4) feet in height.

3.3.2.4. Plantings shall be of trees of a species common to the area and appropriate for screening, spaced to minimize visual intrusion, and providing an opaque year-round visual buffer between uses. Such plantings shall be provided and maintained by the owner of the property used for nonresidential purposes.

3.3.2.5. Screening shall be continuously maintained to as to effectively serve the purpose for which it is intended. No advertising devices of any kind shall be allowed on screening.

3.3.2.6. Screening shall be continuous except for required access.

3.3.3.0. Exceptions. These landscaping and screening regulations shall not apply to a change of use of an existing building or a change of ownership as long as the new use does not involve a substantial traffic increase over the previous use.

3.3.4.0. Waiver or Modification. The Board of Appeals has the power to waive or modify these requirements by special permit when in its judgment the strict application of such requirements would result in peculiar or exceptional difficulties, or exceptional and undue hardship, or in a specific instance where for topographic reasons fences, walls and screening as herein required could not possibly screen the activities conducted at ground level on the lot from view from the normal level of a first story window on any lot in a residence district either abutting such business area or abutting on a street across from such business.

3.4.0.0. Environmental Standards.

3.4.1.0. Disturbances. No use shall be allowed if it will cause sound, noise, vibration, odor or flashing (except for warning devices, temporary construction, or maintenance work, parades, recreational or agricultural activities, or other special circumstances) perceptible without instruments more than two hundred (200) feet from the boundaries of the originating premises if in a nonresidential district, or more than ten (10) feet from the boundaries of the originating premises if in a residential district, unless otherwise specified herein. The Board of Appeals may grant a special permit to allow activities not meeting these standards, in cases where the Board determines that no objectionable conditions are thereby created for the use of other affected properties.

3.4.2.0. Lighting. All exterior lighting, except municipal street lighting, shall be shielded so as not to cast light directly on adjacent streets or properties. The lighting source shall be shielded from view from adjacent roadways and properties. The level of illumination of lighting shall be low so as to reduce the glow of ambient light perceptible on adjacent properties.

3.5.0.0. Approved Street Plan.

3.5.1.0. General. No permit for the erection of any building shall be issued unless the lot to be built upon has frontage on a street, as defined in this Zoning By-Law, or, if it is an unconstructed way, such way has, in the opinion of the Swampscott Planning Board, sufficient width and suitable grades to permit street construction to provide for the needs of vehicular traffic in relation to the proposed uses of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon; and further, that a street plan based on the above criteria shall have been approved by the Swampscott Planning Board, and construction of the street shall have been secured by one, or in part by one and in part by another of the methods described in the following subsections 3.5.1.1 and 3.5.1.2, which method or combination of methods may be selected and from time to time varied by the applicant:

3.5.1.1. By a proper bond, sufficient in the opinion of the Planning Board to secure performance of the construction of the street and the installation of municipal services required for the lot shown on the plan, and the Planning Board may require that the applicant specify the time within which such construction shall be completed.

3.5.1.2. By a deposit of money or negotiable securities, sufficient in the opinion of the Planning Board to secure performance of the construction of the street and the installation of municipal services required for the lot shown on the plan, and the Planning Board may require that the applicant specify the time within which such construction shall be completed.

3.6.0.0. Assisted and Independent Living Facilities.

3.6.1.0. Purpose. The purpose of this section is to provide a mechanism for the approval of:

3.6.1.1. Assisted living facilities (ALF) within a residential environment that offer supportive services to individuals who are unable to live independently in the community by offering supervision and/or assistance with basic activities of daily life, such as, but not limited to, dressing, bathing, toileting, and nutrition; and

3.6.1.2. Independent living facilities (ILF) that offer congregate living arrangements to persons over the age of fifty five;

3.6.1.3. The development of ALF and ILF in a manner that conserves environmental features, woodlands, wet areas, open space, areas of scenic beauty, views and vistas as well as encouraging the renovation and rehabilitation of older, existing buildings; and

3.6.1.4. The development of ALF and ILF in a manner harmonious with the surrounding land uses while protecting natural resources and open space.

3.6.2.0. Definitions. Within Section 3.6.0.0, the following terms shall have the following meanings:

Applicant: The person or persons, including a corporation or other legal entity, who applies for issuance of a special permit hereunder. The Applicant shall own, or be the beneficial owner of, all the land included in the proposed site, or have authority from the owner(s) to act for him/her/it/them or hold an option or contract duly executed by the owner(s) and the Applicant giving the latter the right to acquire the land to be included in the site.

Assisted Living Facility (ALF): Assisted Living Residence or Residence means any entity, however organized, whether conducted for profit or not for profit, which is licensed by the Commonwealth as an ALF and meets all of the following criteria:

(a) provides room and board; and

(b) provides, directly by employees of the entity or through arrangements with another organization which the entity may or may not control or own, Personal Care Services for three or more adults who are not related by consanguinity or affinity to their care provider; and

(c) collects payments or third party reimbursements from or on behalf of Residents to pay for the provision of assistance with the Activities of Daily Living or arranges for the same.

Bedroom: A separate room intended for, or which customarily could be used for, sleeping.

Dwelling Unit: A residence, including studio units. Each residence shall contain a living area, bathroom and, except in studio units, one or more bedrooms, and may contain a kitchen area or combination kitchen/living area.

Independent Living Facility (ILF): A facility reserved by deed for occupancy by persons over the age of fifty-five who are able to care for themselves, but with some common facilities as described herein.

Land: Land, including areas covered by water.

Regulations: The rules and regulations of the Board of Appeals.

Wetlands: Land subject to the provisions of M.G.L. c. 131, §§ 40 and 40A.

3.6.3.0. Special Permit. The development of an ALF and/or an ILF may be permitted upon the issuance of a special permit by the Board of Appeals, and upon site plan approval pursuant to Section 5.4.0.0.

3.6.4.0. Application. An application for a special permit shall be submitted to the Board of Appeals on forms furnished by the Board. Each such application shall be accompanied, if applicable, by a definitive plan of land pursuant to the Regulations of the Planning Board. In addition the applicants shall submit:

3.6.4.1. The following plans:

a. a site plan pursuant to Section 5.4.0.0;

b. a plan at a scale of 1" = 40' showing the topography of the site at a minimum of two foot intervals, as well as vegetation and special features, including wetlands, perennial streams and ponds, trees of more than eight (8) inch caliper, rock outcroppings, slopes in excess of fifteen (15) percent, existing and proposed trails and paths, open vistas, structures of historical importance and biological or wildlife habitats, and proposed conservation and recreation easement areas; and

c. a plan illustrating preliminary landscaping and architectural design, showing types, location and layout of buildings, and typical elevations, as well as the general height, bulk and appearance of structures. Perspective drawings may be subsequently required by the Board of Appeals;

3.6.4.2. The following narrative reports or data:

a. a proposed development schedule showing the beginning of construction, the rate of construction and development, including stages, if applicable, and the estimated date of completion;

b. a development impact statement prepared by qualified professionals, detailing the impact of the development on the Town's capacity to furnish services including, but not limited to, roads, police, fire, emergency services and water;

c. information pertaining to any organization which the Applicant proposes to form where the development is to be a condominium development, including forms and plans to be used to organize and manage the same, for approval as to form by Town Counsel;

d. copies of all proposed covenants, easements, and other restrictions which the Applicant proposes to grant to the Town, the Conservation Commission, utility companies, any condominium organization and the owners thereof, including plans of land to which they are intended to apply, for approval as to form by Town Counsel; and

e. any and all other information that the Board of Appeals may reasonably require in a form acceptable to it to assist in determining whether the Applicant's proposed development plan meets the objectives of this section.

3.6.5.0. Standards. In order to be eligible for consideration for a special permit pursuant to this section, the proposed development shall meet all of the following standards:

3.6.5.1. Applicable district. Minimum dimensional requirements for ALFs and ILFs shall be as set forth in the district in which the proposed facility is located.

3.6.5.2. Buffer. A buffer area of fifty (50) feet shall be provided at the perimeter of the property where it abuts residentially zoned or occupied properties, except for driveways necessary for access and egress to and from the site. No vegetation in this buffer area will be disturbed, destroyed or removed, except for normal maintenance. The Board of Appeals may waive the buffer requirement (i) where the land abutting the site is the subject of a permanent restriction for conservation or recreation so long as a buffer is established of at least twenty (20) feet in depth which may include such restricted land area within such buffer area calculation; or (ii) where the land abutting the site is held by the Town for conservation or recreation purposes; or (iii) the Board of Appeals determines that a smaller buffer will suffice to accomplish the objectives set forth herein.

3.6.5.3. Removal and Replacement of Vegetation. With the site, no clear cutting shall be permitted, except incidental to construction of buildings, roads, trails and parking areas.

3.6.5.4. Roadways. The principal roadway(s) and private way(s) serving the site shall be designed to conform with the Rules and Regulations of the Planning Board.

3.6.5.5. Parking. The applicant shall provide adequate parking to serve all anticipated uses on the property, with information detailing the method of computation of parking spaces. The minimum number of parking spaces provided on the site shall be three-tenths (0.3) parking space per dwelling unit in an ALF and one (1) parking space per dwelling unit in an ILF. For both ALFs and ILFs one (1) parking space shall be provided for every three (3) employees during the largest shift. The Board of Appeals may increase the required parking by up to ten (10) percent to serve the needs of employees, visitors and service vehicles. All parking areas shall be screened from view from adjacent residentially zoned or occupied premises located outside the site, including public ways, by a landscaped border at least ten (10) feet in width. Parking lots in front setbacks in residential zones, and in buffer areas in all zones, with the exception of necessary access driveways, are prohibited. Parking areas in residential districts shall be located to the side or rear of all buildings. Parking lot layout shall be planned to permit landscaping, buffering, or screening to prevent direct views of parked vehicles from adjacent streets. The use of traditional picket fencing, hedges, walls, or landscape berms to define parking areas is encouraged. In parking areas of eleven or more parking stalls, at least one tree of three inch or greater caliper shall be planted for every six parking places. Adequate tree wells and irrigation shall be provided for all parking lot landscaping. Pedestrian access is to be taken into consideration in parking lot design. The use of separate walkways is encouraged. Textured paving or grade separated (elevated) walkways are desired on all pedestrian access ways.

3.6.5.6. Loading. Loading areas shall be at least 20 x 9 feet, and have a minimum overhead clearance of ten (10) feet. Screening and landscaping shall be provided to block all views of loading areas (except those specifically designated for emergency vehicles) from the public right_of_way and adjacent properties.

3.6.5.7. Surface Drainage. The surface drainage system shall be designed in accordance with the Regulations of the Planning Board.

3.6.5.8. Utilities. All electric, gas, telephone, and water distribution lines shall be placed underground, except upon a demonstration of exceptional circumstances.

3.6.5.9. Paths. Paths for the use of residents shall be attractively designed with proper regard for convenience, separation of vehicular, bicycle and pedestrian traffic, adequate connectivity, completeness of access to the various amenities and facilities on the site and to pathways on adjacent sites.

3.6.5.10. Paving and curbing. Where the roadway is or may be ultimately intended for dedication and acceptance by the Town of Swampscott, granite curbing, gray in color, is required, except in areas of very low traffic volume where no curbing will be required. Rolled asphalt (Cape Cod berm) curbing is unacceptable in all such ways. Curbing is to be sloped or cut to provide a barrier free transition at road crossings and building entrances. Paving should be textured or of different materials at pedestrian crossings and walkways. The use of stone, brick or cultured stone pavers for entrance walkway borders is encouraged. The use of textured materials for walkway borders is encouraged.

3.6.5.11. Design and Architectural Character.

a. Massing and Style. Building massing and style shall be distinctively residential in character, drawing on the historical design elements that are contextually consistent with regional New England architecture. Historical and traditional design elements are encouraged. Front yards which use boxwood hedges, evergreen hedges, traditional style picket fences, stone walls, or iron picket fences with granite curb and pilasters is encouraged. Fences or hedges should not exceed three feet in height at the fronts of buildings. Fences and landscaping to screen service areas may exceed this height, consistent with the intent and use of the space.

b. Roofs. Preference shall be given to roof pitches consistent with single family, residential design. New England traditional or vernacular styles are preferred. Material shall be consistent with the architecture of the building. Composition shingle material is acceptable, providing that it is of high quality and provides architectural definition to the tab shingle to emulate traditional wood shingle styles. Tile, slate, or metal roofing is permitted, provided it is consistent with the architectural style of the building. Gutters and down spouts are encouraged to provide drainage away from foundations, but shall be consistent with the other architectural elements of the building. All buildings should have a chimney to convey the look and feel of residential use.

c. Facade element. Design of the facade shall be highly detailed and articulated to be compatible with the scale and sensitivity to the residential uses of the project. Facades should have a well defined foundation, a modulated wall element, and pitched roof or articulated cornice which defines the character of the building, and provides relation to the human scale of typical family residences.

d. Entrances. Building entrances shall comply with all current accessibility regulations, however the use of ramps and lifts is discouraged. Buildings should be designed with entrances that are barrier free for the intended residential or commercial uses. The use of sloping entry walks, covered entryways, porticos, arcades, and covered porches is encouraged. Where grade separation of an entrance is required because of site topography, accommodation should be provided in the architectural detail of the entry to allow barrier free use by building residents and visitors.

e. Door and window openings. Doors and windows form the transition from public to private space, and should reflect residential detailing in design and placement. The use of cornices, architectural moldings, side lights, transom lights, and raised panels in doors is encouraged. Window openings should vary between buildings, but should not be unbroken and continuous in any circumstance. The use of opening sash windows with true divided lights, or detailing to convey the character of divided lights is encouraged. The use of shutters consistent with the architecture of a building is encouraged. A wide range of material for doors and windows is acceptable, except that the use of commercial, anodized or painted aluminum or steel storefront assemblies is discouraged.

f. Materials and design elements. Material chosen for exterior elements should be consistent with the intent and use of materials traditionally found in residential design in New England. Siding materials such as clapboard and shingle are preferred, and the use of new materials which reduce maintenance, but emulate the look and feel of traditional materials is encouraged. The use of a variety of trim material to provide detail at the eaves, comers, gables, pediments, lintels, sills, quoins, and balustrades is encouraged. The use of bays, towers, cupolas, cross gables, and dormers to provide unique character to a building and provide articulation of the facade is encouraged. The color palette chosen for any building should be consistent with colors traditionally found in residential design in New England.

3.6.5.12. The ALF or ILF shall have an integrated emergency call, telephone and other communications system to provide monitoring for its residents. There shall be sufficient site access for public safety vehicles. A plan shall be approved by the Swampscott Fire Department for the emergency evacuation of the residents with emphasis on ensuring the safety of residents with physical impairments.

3.6.5.13. An ALF or an ILF may consist of a single building or multiple buildings.

3.6.5.14. Structures and uses accessory to the ALF of ILF may also be provided (with the exception of covered parking areas) within the same building, including, but not limited to, the following: beauty and barber salons; recreational, physical fitness and therapy services; nondenominational chapel; library; bank automated teller machine; management offices; adult day care or adult day health facility; hospice residence; food service; laundry and covered parking areas; provided, however, that such accessory uses and structures shall be designed for the primary use of the residents and staff of the ALF or ILF. Such accessory uses may not be designed for or used as a general business by the general public. Such accessory uses shall be wholly be within a structure containing residential units, and shall have not exterior advertising display.

3.6.5.15. The facility shall be served by the municipal water system.

3.6.6.0. Conversion of Existing Structures. Applicants are encouraged to convert land and buildings that are no longer needed or suitable for their original use, and to permit reuses which are compatible with the character of the neighborhood and which take into consideration the interests of abutters, neighbors and the public, especially where the site abuts a residential area or the building(s) merit preservation.

3.6.7.0. Action by the Board of Appeals. The Board of Appeals may grant a special permit for an ALF/ILF where it makes the following findings:

3.6.7.1. The proposed ALF complies with the requirements of this section;

3.6.7.2. The proposed ALF does not cause substantial detriment to the neighborhood after considering the following potential consequences:

a. noise, during the construction and operational phases;

b. pedestrian and vehicular traffic;

c. environmental harm;

d. visual impact caused by the character and scale of the proposed structure(s).

3.6.7.3. For conversions of existing structures, the Board shall find that the proposal protects Swampscott's heritage by minimizing removal or disruption of historic, traditional or significant uses, structures or architectural elements, whether these exist on the site or on adjacent properties. If the building is a municipally owned building, the proposed uses and structures are consistent with any conditions imposed by the Town Meeting on the sale, lease, or transfer of the site. The buffer requirements, minimum open space requirements, and building height requirements shall be those physically existing as of May 2, 2000. The Board may permit expansion of the structure to the degree reasonably necessary to comply with federal and state law.

[The remainder of this page is intentionally blank.]

Article IV. Special Regulations.

4.1.0.0. Flood Plain/Wetland Protection Overlay District.

(This section refers to those areas delineated on the Swampscott Flood Plain/Wetlands Protection District Map. See Section 4.2.0.0 for Special Regulations applicable to areas delineated on the Flood Insurance Rate Map (FIRM).)

4.1.1.0. Purpose. The purposes of the Flood Plain/Wetland Protection Overlay District (FPWPOD) are as follows:

4.1.1.1. To provide that lands in the Town of Swampscott subject to seasonal or periodic flooding as described hereinafter shall not be used for residence or other purposes in such a manner as to endanger health or safety.

4.1.1.2. To protect, preserve and maintain the water table and water recharge areas within the town so as to preserve present and potential water supplies for the public health and safety.

4.1.1.3. To assure the continuation of the natural flow pattern of the water courses within the Town of Swampscott in order to provide adequate and safe flood water storage capacity to protect persons and property against the hazards of flood inundation.

4.1.1.4. To protect the Town against the costs which may be incurred through the unsuitable use of wetland.

4.1.1.5. To conserve natural conditions, wildlife, open space and generally the amenities of the Town and otherwise to preserve, protect and promote the health, safety and welfare of the public.

4.1.2.0. Location of District. The FPWPOD shall include all land shown on the Flood Plain/Wetland Protection District Map by contour and/or elevation markings, which were established following an evaluation of the vegetation, the high water mark, and the historical or the projected flood elevations. The Swampscott Flood Plain/Wetland Protection District Map, dated April 1, 1976 and signed by the Town Engineer, and as thereafter amended, is hereby made a part of this By-Law and is on file at the Town Clerk's office.

4.1.2.1. If any land indicated on the map as being in the FPWPOD is proved, by the applicant after public hearing, to be in fact not wetland nor subject to flooding nor unsuitable for the proposed use because of drainage and topographic conditions, and if the use of such land will not be detrimental to the public health, safety and welfare, the Board of Appeals may permit building or other uses of such land.

4.1.3.0. Overlay District. The FPWPOD is an overlay districts superimposed over the underlying districts set forth in this Zoning By-Law. Within a FPWPOD, the requirements of the underlying district continue to apply, subject to the following additional provisions.

4.1.4.0. Permitted Uses. The following uses of low flood damage potential and causing no obstructions to flood flows are encouraged provided they are permitted in the underlying district and they do not require structures, fill or storage materials or equipment:

4.1.4.1. Agricultural uses such as farming, grazing, truck farming, horticulture, etc.

4.1.4.2. Forestry and nursery uses.

4.1.4.3. Outdoor recreational uses including fishing, boating, play areas, foot, bicycle, and/or horse paths, etc.

4.1.4.4. Conservation of water, plants, wildlife.

4.1.4.5. Wildlife management areas.

4.1.4.6. Temporary non-residential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on premises.

4.1.4.7. Buildings lawfully existing prior to adoption of these provisions.

4.1.5.0. Emergency Work. Permission to work in the FPWPOD may be granted without the procedures outlined herein if the Board of Health and/or the Conservation Commission certify that an emergency exists. Such permission shall be limited to the work required to alleviate the emergency and shall include a definite time limitation.

4.1.6.0. Prohibited Uses. No building or other structure shall be erected, constructed, enlarged or otherwise created for any residence or other purposes; no filling, dumping, excavation, removal or transfer of gravel, sand, loam, or other material which will restrict or impede water flow or reduce the normal-or flood water storage capacity shall be permitted.

4.1.7.0. Uses Available by Special Permit. The following uses are available upon the issuance of special permit by the Board of Appeals.

4.1.7.1. Construction of dams and other water control devices, so as not to diminish the original dimensions.

4.1.7.2. Bridges and like structures permitting passage between lands of the same owner, provided that such bridges and structures shall be constructed, maintained and used at the expense and risk of such owner. The Board of Appeals shall consider the effect of such structures on water storage and impediments to water flow.

4.1.7.3. Driveways and walkways ancillary to permitted or permissive use within overlapped districts where alternative means of access are inappropriate and not reasonably feasible.

4.1.7.4. Structures ancillary to recreational or educational uses, provided that the ground area covered by such structures does not exceed 100 square feet.

4.1.8.0. Special Permit Application. Applications for a special permit shall be made in accordance with the regulations of the Board of Appeals. The Board shall require conformance with the following standards before issuing a special permit:

4.1.8.1. Any ancillary structures permitted shall be so designed and secured that during flooding the foundation will not be undermined, or the structure will not be floated off, battered off, or swept away.

4.1.8.2. There shall be no danger of pollution to public or on-site water resources.

4.1.8.3. Methods of drainage shall be adequate.

4.1.9.0. Decision. In granting a permit, the Board of Appeals may impose reasonable restrictions based upon or in addition to the considerations listed in Section 4.1.7.0 and may set time limitations on the work to be done. The Board may require that the applicant post a cash deposit or surety bond, in form acceptable to the Town Treasurer, in amount determined by the Board to be sufficient to ensure satisfactory completion of the work in compliance with the permit and any specific restrictions and limitations thereof, or the restoration of any area or unfinished work to its original condition.

4.2.0.0. Coastal Flood Area Overlay District.

(This section refers to those areas delineated on the Flood Insurance Rate Map (FIRM). See Section 4.1.0.0. for Special Regulations applicable to areas delineated on the Swampscott Flood Plain/Wetlands Protection District Map.)

4.2.1.0. Purpose. The purposes of the Coastal Flood Area Overlay District (CFAOD) are to provide for a review of building permit application to ensure that all proposals are consistent with the need to minimize flood damage and to promote design standards toward this goal to achieve the following:

4.2.1.1. Ensure public safety through reducing the threats to life and personal injury;

4.2.1.2. Eliminate new hazards to emergency response officials;

4.2.1.3. Prevent the occurrence of public emergencies resulting from water quality, contamination, and pollution due to flooding;

4.2.1.4. Avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact regions beyond the site of the flooding;

4.2.1.5. Eliminate costs associated with the response and cleanup of flooding conditions; and

4.2.1.6. Reduce damage to public and private property resulting from flooding waters.

4.2.2.0. Definitions. All terms used in Section 4.2.0.0 shall be defined as listed in National Flood Insurance Program Part 1909.1, which is on file with the Town Clerk, Planning Board and Building Inspector and can also be found in 44 CFR 59.1 (Code of Federal Regulations).

4.2.3.0. Location of District. The CFAOD is herein established as an overlay district. The CFAOD includes all special flood hazard areas designated on the Town of Swampscott Flood Insurance Rate Map (FIRM), issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program (NFIP), dated July 2, 1992 as Zone A and V, which indicates the 100-year regulatory floodplain. The exact boundaries of the CFAOD may be defined by the 100-year base flood elevations shown on the FIRM and further defined by the Flood Insurance Study booklet. The FIRM and Flood Insurance Study booklet are incorporated herein by reference and are on file with the Town Clerk, Planning Board and Building Inspector.

4.2.3.1. In order for a property included in the CFAOD to be no longer considered in the floodplain as shown of FIRM and therefore not subject to the requirements of 44 CFR 60.3 and section 3107.0 of the Massachusetts State Building Code, a property owner must obtain a Letter of Map Amendment (LOMA) or a Letter of Map Revision (LOMR) from FEMA.

4.2.4.0. Floodway and Base Flood Elevation Data.

4.2.4.1. Floodway Data. In Zone A, A1-30, and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

4.2.4.2. Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals or other developments greater than fifty (50) lots or five (5) acres, whichever is less, within unnumbered A zones.

4.2.5.0. Overlay District. The CFAOD is an overlay district superimposed over the underlying districts set forth in this Zoning By-Law. Within the CFAOD, the requirements of the underlying district continue to apply, subject to the additional provisions set forth in this section.

4.2.5.1. Reference to Existing Regulations. All development in the CFAOD, including structural and non-structural activities, whether permitted by right or by special permit, must be in compliance with the following state statute(s) and regulations. Any variance from the provisions and requirements of the below-referenced state regulations may only be granted in accordance with the required variance procedures of said regulations.

a. G.L. chapter 131, section 40;

b. that section of the Massachusetts State Building Code which addresses floodplain and coastal high hazard areas (at the effective date hereof 780 CMR 3107.1 “Flood Resistant Construction”);

c. Wetlands Protection Regulations, Department of Environmental Protection (DEP) (at the effective date hereof 310 CMR 10.00);

d. Inland Wetlands Restriction, DEP (at the effective date hereof 302 CMR 6.00);

e. Costal Wetlands Restriction, DEP (at the effective date hereof 302 CMR 4.00); and

f. Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (at the effective date hereof 310 CMR 15, Title 5).

4.2.5.2. Other Use Regulations:

a. Within Zones AH and AO on the FIRM, adequate drainage paths around structures on slopes is required to guide floodwaters around and away from proposed structures.

b. In Zones A1-30 and AE, along watercourses that have a regulatory floodway designated on the Swampscott FIRM, encroachments are prohibited in the regulatory floodway which would result in increased flood levels within the community during the occurrence of the base flood discharge.

c. Man-made alteration of sand dunes within Zone V which would increase potential flood damage are prohibited.

d. All new construction within Zone V must be located landward of the reach of mean high tide.

e. All subdivision proposals shall be reviewed to assure that (1) such proposals minimize flood damage; (2) all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and (3) adequate drainage is provided to reduce exposure to flood hazards.

f. Existing contour intervals of site and elevations of existing structures must be included on plan proposal.

g. There shall be established a “routing procedure” which will circulate or transmit one copy of the development plan to the Conservation Commission, Planning Board, Board of Health and Building Inspector for comments which will considered by the appropriate permitting board prior to issuing applicable permits.

4.2.6.0. Permitted Uses - A and V Zones. Building permits for new construction or alteration of structures shall be approved subject to the following:

4.2.6.1. Flood Proofing Regulations A and V Zones: Any new construction or substantial improvement to be undertaken within Zones A and V shall be in accordance with the Massachusetts State Building Code, Section 3107.0.

4.2.6.2. Storm drainage systems shall be designed in accordance with the Massachusetts State Building Code, Section 3107.0.

4.2.6.3. All public utility systems, including power, communications and gas, shall be designed in accordance with the Massachusetts State Building Code, Section 3107.0.

4.2.6.4. No mobile homes shall be placed within the areas designated on the Town’s Flood Insurance Rate Maps (FIRM) as A or V Zones.

4.2.7.0. Special Rules - Zone V.

4.2.7.1. No land within the areas designated as V (Velocity) Zones on the Town’s Flood Insurance Rate Maps (FIRM) shall be developed unless such development is demonstrated by the applicant to be located landward of the reach of the mean high tide, and meets the additional requirements of this zoning by-law.

4.2.7.2. Existing uses/structures located on the land below the base flood elevation in coastal high hazard areas (Zone V) shall not be expanded; repairs and alterations not exceeding substantial improvement shall be in accordance with the Massachusetts State Building Code, Section 3107.0.

4.2.7.3. Any man-made alteration of sand dunes within Zone V which might increase the potential for flood damage to existing structures is prohibited.

4.2.7.4. New construction or substantial improvement of structures within Zone V shall have the space below the lowest floor free of obstructions or be constructed with “breakaway walls" intended to collapse under stress without jeopardizing the structural support of the structure so that impact on the structure by abnormally high tides or wind-driven water is minimized. Such temporary enclosed space shall not be used for human habitation.

4.2.7.5. All new construction and substantial improvements within Zone V shall be elevated on adequately anchored pilings or columns, and securely anchored to such pilings or columns so that the lowest portion of all structural members supporting the lowest floor (excluding the pilings or columns) is elevated to or above the base flood level. A registered engineer or architect shall certify that the structure is adequately anchored to withstand velocity waters and hurricane wave wash.

4.2.7.6. The use of fill for structural support for existing structures, new construction, or substantial improvement of structures within Zone V is prohibited.

4.2.8.0. Variation by Special Permit. The Board of Appeals may grant a special permit varying these requirements upon a determination that the variation is the minimum necessary, considering the flood hazard, to afford relief in the case of:

4.2.8.1. New structures to be erected on a lot of one half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the flood elevation, or

4.2.8.2. the restoration or reconstruction of a structure, listed on the National Register or an Official State Inventory of Historic Places.

4.2.8.3. The applicant shall be notified that the issuance of a special permit to locate a structure at an elevation below the based flood elevation will result in increased actuarial rates. Upon the granting of such special permit, the Board of Appeals shall require that:

a. A notice be recorded with the title records of the property at Essex South District Registry of Deeds, stating that the proposed construction will be located in a special flood hazard area. Said notice will also contain a statement of the number of feet below the base flood elevation that the lowest non-flood-proofed floor of the proposed structure shall be located.

b. The Town Clerk maintain a record of all such special permits, including justification for their issuance and the number of special permits issued. The Clerk shall also send an Annual Report to the Flood Insurance Administrator, of the number of special permits granted.

4.2.9.0. Prohibitions. Special permits shall not be issued:

4.2.9.1. For any new construction, substantial improvement, or other development in a designated flood zone, which would result in a significant increase in flood heights within the community during the occurrence of a base flood.

4.2.9.2. Except where the Board of Appeals specifically makes a determination that the special permit issuance will not result in significantly increased flood heights, additional threats to public safety, extraordinary public expense, nuisances, fraud on or victimization of the public, or conflicts with existing local laws or ordinances.

4.2.10.0. Duties of the Building Inspector and Maintenance of Records. The Building Inspector shall maintain for public inspection and furnish upon request for the determination of applicable flood insurance risk premium rates within all areas having special flood hazards identified on a FIRM any certificates of flood proofing and information on the elevation (in relation to mean sea level) of the level of the lowest habitable floor (including basement if habitable) of all new or substantially improved structures, and include whether or not such structures contain a basement, and if the structure has been flood proofed, the elevation (in relation to mean sea level) to which the structure was flood proofed;

4.2.10.1. For the purpose of the determination of applicable flood insurance risk premium rates within the Zone V on a community’s FIRM:

a. obtain the elevation (in relation to mean sea level) of the lowest portion of all structural members supporting the lowest floor of all new or substantially improved structures, and whether or not such structures contain a basement.

b. Obtain, if the structure has been flood proofed, the elevation (in relation to mean sea level) to which the structure was flood proofed.

c. Maintain a record of all such information.

4.2.11.0. Notification of Watercourse Alteration. A property owner shall notify the following, in a riverine situation, of any alteration or relocation of a watercourse: Adjacent communities; NFIP State Coordinator, Massachusetts Office of Water Resources, 100 Cambridge Street, Boston, MA 02202; NFIP Program Specialist, FEMA Region I, Room 462, J.W. McCormack Post Office & Courthouse, Boston, MA 02109.

4.3.0.0. Wireless Communications Services Overlay District.

4.3.1.0. Purpose. The purpose of this section is to establish a district in which wireless communications services may be provided with minimal harm to the public health, safety and general welfare. Specifically, the Wireless Communications Services Overlay District (WCSOD) has been created to:

4.3.1.1. Protect the general public from hazards associated with wireless communications facilities (WCF); and

4.3.1.2. Minimize visual impacts from WCF on residential districts within Swampscott. This section does not apply to satellite dishes and antennas for residential use, particularly as set forth in Section 2.2.4.8.

4.3.2.0. Location of District. The WCSOD shall include the following parcels:

4.3.2.1.

4.3.3.0. Overlay District. The WCSOD shall be construed as an overlay district with regard to said locations. All requirements of the underlying zoning district shall remain in full force and effect, except as may be specifically superseded herein.

4.3.4.0. Permitted and Prohibited Uses. Uses permitted as of right in the underlying district are allowed in the WCSOD. Uses prohibited in the underlying districts are prohibited in the WCSOD.

4.3.4.0. Uses Available by Special Permit.

4.3.4.1. A new wireless communications facility (WCF), with or without antennas, satellite dishes and other accessory devices, and accessory structures may be erected in a WCSOD upon the issuance of a special permit by the Zoning Board of Appeals pursuant to Section 5.3.0.0 and subject to site plan approval as set forth in Section 5.4.0.0, and subject to all of the conditions set forth in Section 4.3.5.0.

4.3.4.2. Antennas, satellite dishes and other accessory devices, whether located on an existing WCF or on an existing structure (accessory equipment), may be erected in a WCSOD upon the issuance of a special permit by the Zoning Board of Appeals pursuant to Section 5.3.0.0 and subject to site plan approval as set forth in Section 5.4.0.0, subject to all of the conditions set forth in Section 4.3.5.0.

4.3.5.0. Conditions. A WCF or accessory equipment shall meet the following standards to be eligible for a special permit:

4.3.5.1. The only WCFs allowed are free-standing monopoles, with associated accessory equipment and accessory structures. Lattice style towers and similar facilities requiring three or more legs and/or guy wires for support are not allowed. Accessory equipment may be allowed, whether located on a WCF or other structure, by special permit.

4.3.5.2. To the extent feasible, all service providers shall co-locate on a single WCF. WCFs shall be designed to accommodate the maximum number of users technologically practical. The intent of this requirement is to reduce the number of WCFs which will be required to be located within the community. There shall exist no more than twelve (12) antennas, satellite dishes, or other accessory devices on any Town approved WCF, regardless of the number of users on that site.

4.3.5.3. Any proposed extension in the height, addition of accessory equipment, construction of a new WCF, or replacement of a WCF, shall be subject to a new application for an amendment to the Special Permit.

4.3.5.4. New WCFs shall be considered by the Zoning Board of Appeals only upon a finding by the Zoning Board of Appeals that existing or approved WCFs cannot accommodate the accessory equipment planned for the proposed WCF.

4.3.5.5. The site in question shall contain at least forty thousand (40,000) square feet.

4.3.5.6. No WCF or attached accessory equipment shall exceed sixty (60) feet in height as measured from ground level at the base of the WCF. In the event that accessory equipment is affixed to an existing structure, such accessory equipment shall not exceed ten (10) feet in height above the level of the point of its attachment to the structure.

4.3.5.7. All WCFs shall be designed to be constructed at the minimum height necessary to accommodate the anticipated and future use.

4.3.5.8. A WCF shall not be erected nearer to any property line than a distance equal to the vertical height of the WCF (inclusive of any appurtenant accessory equipment).

4.3.5.9. Siting shall be such that the view of the WCF from adjacent abutters, residential neighbors and other areas of Town shall be as limited as possible. All WCFs shall be painted or otherwise colored so they will blend in with the landscape or the structure on which they are located. A different coloring scheme shall be used to blend the WCF with the landscape below and above the tree or building line.

4.3.5.10. WCFs shall be suitably screened from abutters and residential neighborhoods.

4.3.5.11. Fencing may be required to control access to WCFs and accessory equipment and shall be compatible with the scenic character of the town.

4.3.5.12. Existing on-site vegetation shall be preserved to the maximum extent practicable.

4.3.5.13. There shall be no signs, except for announcement signs, no trespassing signs and a required sign giving a phone number where the owner can be reached on a twenty-four (24) hour basis. All signs shall conform with the Section 3.2.0.0, herein.

4.3.5.14. Night lighting of the WCF shall be prohibited unless required by the Federal Aviation Administration. Lighting shall be limited to that needed for emergencies and/or as required FAA.

4.3.5.15. There shall be a minimum of one (1) parking space for each WCF, to be used in connection with the maintenance of the WCF and the site, and not to be used for the permanent storage of vehicles.

4.3.5.16. To the extent technologically feasible, all network interconnections from the WCF shall be via land lines.

4.3.5.17. Applicants proposing to erect WCFs on municipally owned land or structures shall provide evidence of contractual authorization from the Town of Swampscott to conduct wireless communications services on municipally owned property.

4.3.5.18. Traffic associated with the WCF and accessory equipment and structures shall not adversely affect abutting ways.

4.3.5.19. Accessory equipment may be located on structures or may be freestanding.

4.3.5.20. Accessory equipment shall be situated on a structure in such a manner it is screened, preferably not being visible from abutting streets. Free standing dishes or antenna shall be located on the landscape in such a manner so as to minimize visibility from abutting streets and residences and to limit the need to remove existing vegetation. All equipment shall be colored, molded and/or installed to blend into the structure and/or the landscape.

4.3.6.0. Special Permit Application. Applications for a special permit shall be made in accordance with the regulations of the Board of Appeals. In addition to the requirements for site plan review under Section 5.4.0.0, five copies of the following information shall be submitted for an application to be considered complete.

4.3.6.1. A locus plan at a scale of 1" = 200' which shall shows all property lines, the exact location of the proposed WCF or accessory equipment, street, landscape features, residential dwellings and neighborhoods and all buildings within five hundred (500) feet of the WCF or accessory equipment.

4.3.6.2. A color photograph or rendition of the WCF with proposed accessory equipment. For accessory equipment, a color photograph or rendition illustrating the dish or antenna at the proposed location is required. A rendition shall also be prepared illustrating a view of the monopole, dish or antenna from the nearest street or streets.

4.3.6.3. The following information shall be prepared by a professional engineer:

a. a description of the WCF and the technical, economic and other reasons for the proposed location, height and design;

b. confirmation that the WCF complies with all applicable Federal and State standards;

c. a description of the capacity of the WCF including the number and type of panels, antennas and/or transmitter receivers that it can accommodate and the basis for these calculations;

d. if applicable, a written statement that the proposed WCF complies with, or is exempt from applicable regulations administered by the Federal Aviation Administration (FFA), Federal Communications Commission (FCC), Massachusetts Aeronautics Commission and the Massachusetts Department of Public Health; and

e. the applicable review and advertising fees as noted in the application guidelines.

4.3.7.0. Exemptions. The following types of WCF are exempt from Section 4.3.0.0:

4.3.7.1. Amateur radio towers used in accordance with the terms of any amateur radio service license issued by the Federal Communications Commission provided that the tower is not used or licensed for any commercial purpose.

4.3.7.2. Facilities used for the purposes set forth in G.L. c. 40A, § 3.

4.3.8.0. Certification and Removal.

4.3.8.1. Annual certification demonstrating continuing compliance with the standards of the Federal Communications Commission, Federal Aviation Administration and the American National Standards Institute and required maintenance shall be filed with the Building Inspector by the Special Permit Holder.

4.3.8.2. All unused WCF or part thereof or accessory equipment or structures which have not been used for one (1) year shall be dismantled and removed at the owner's expense.

4.4.0.0. Regulations Pertaining to Specific Uses.

4.4.1.0. Public garages, service stations, and liquor establishments. No permit shall be issued for the erection or enlargement of a garage for more than five motor vehicles, nor for a motor vehicle service station, or gasoline filling station, nor for a commercial establishment selling or serving liquor, nor for the conversion of any premises not so used to be used for such purposes, if the principal entrance to the premises used for such purpose, or any use accessory thereto, is situated within a radius of two hundred (200) feet from a lot used or reserved to be used for a school, church, or library. No existing garage or service or filling station shall be deemed to be a nonconforming use through the subsequent erection of any such school, church or library.

4.4.2.0. Access to commercial or industrial buildings. No driveway or other means of access for vehicles other than accepted streets shall be maintained or used in the Residence A1, A2, or A3 Districts for the servicing of a commercial or industrial building in the Business B1 or B2 or B3 Districts.

4.4.3.0. Obstructions to traffic. On any lot in any district, no wall, fence, or other structure shall be erected or altered, and no hedge, tree, shrub or other growth shall be maintained, which may cause danger to traffic on a street by obscuring the view.

4.4.4.0. Stripping, excavating or mining. No person, firm, or corporation shall strip, move, excavate or mine soil, sand or gravel in the Town, for use other than on the premises from which the same shall be taken except in connection with the construction or alteration of a building on such premises and excavation or grading incidental thereto.

[The remainder of this page is intentionally blank.]

Article V. Administration and Procedures.

5.1.0.0. General.

5.1.1.0. Permits. This By_Law shall be administered by the Building Inspector. Pursuant to the State Building Code, the Building Inspector may require such plans and specifications as may be necessary to determine compliance with all pertinent laws of the Commonwealth and may request advisory reviews by other municipal boards and officials. Buildings, structures or signs may not be erected, substantially altered, moved, or changed in use and land may not be substantially altered or changed with regard to size or shape or principal use without written certification by the Building Inspector that such action is in compliance with then_applicable zoning, and that all necessary permits have been received under federal, state, or local law. Issuance of a Building Permit or Certificate of Use and Occupancy, where required under the Commonwealth's State Building Code, may serve as such certification.

5.1.2.0. Enforcement. The Building Inspector shall institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of this By_Law and of permits, special permits, variances, and site plan approval issued thereunder, including notification of noncompliance and request for legal action through the Selectmen to Town Counsel.

5.1.3.0. Penalties. The penalty for violation of any provision of this By_Law, of any of the conditions under which a permit is issued, or of any decision rendered by the Board of Appeals, any special permit granting authority, or the site plan approval board shall be three hundred dollars ($300.00) for each offense. Each day that each violation continues shall constitute a separate offense.

5.2.0.0. Board of Appeals.

5.2.1.0. Establishment. The Board of Appeals shall consist of five members and two associate members.

5.2.2.0. Powers. The Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B, and 41 of the General Laws and by this By_Law. The Board's powers are as follows:

5.2.2.1. To hear and decide applications for special permits. Unless otherwise specified herein, the Board of Appeals shall serve as the special permit granting authority, to act in all matters in accordance with the provisions of Section 5.3.0.0, or as otherwise specified.

5.2.2.2. To hear and decide appeals or petitions for variances from the terms of this By_Law, with respect to particular land or structures, as set forth in G.L. c. 40A, § 10. The Board of Appeals shall not grant use variances.

5.2.2.3. To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of G.L. c. 40A, §§ 7, 8 and 15.

5.2.2.4. To hear and decide comprehensive permits for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in G.L. c. 40B, §§ 20-23.

5.2.3.0. Regulations. The Board of Appeals may adopt rules and regulations for the administration of its powers.

5.2.4.0. Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits.

5.3.0.0. Special Permits.

5.3.1.0. Special Permit Granting Authority. Unless specifically designated otherwise, the Board of Appeals shall act as the special permit granting authority.

5.3.2.0. Criteria. Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the benefit to the town and the neighborhood outweigh the adverse effects of the proposed use, taking into account the characteristics of the site and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this By-Law, the determination shall include consideration of each of the following:

5.3.2.1. Social, economic, or community needs which are served by the proposal;

5.3.2.2. Traffic flow and safety, including parking and loading;

5.3.2.3. Adequacy of utilities and other public services;

5.3.2.4. Neighborhood character and social structures;

5.3.2.5. Impacts on the natural environment; and

5.3.2.6. Potential fiscal impact, including impact on town services, tax base, and employment.

5.3.3.0. Procedures. Applications shall be filed in accordance with the rules and regulations of the special permit granting authority. An application shall not be deemed complete until all copies of required information and documentation have been filed with the special permit granting authority.

5.3.4.0. Development Impact Statement (DIS). At the discretion of the special permit granting authority, the submittal of a development impact statement (DIS) may be required at the expense of the applicant. The special permit granting authority may deny a special permit where the DIS discloses that the proposed use does not comply with the provisions of this by-law. The DIS shall be prepared by an interdisciplinary team including a Registered Landscape Architect or Architect, a Registered Professional or Civil Engineer, and a Registered Surveyor, and may include all or some of the following information:

5.3.4.1. Physical Environment.

a. Describe the general physical conditions of the site, including amounts and varieties of vegetation, general topography, unusual geologic, archeological, scenic and historical features or structures, location of significant viewpoints, stone walls, trees over 16 inches in diameter, trails and open space links, and indigenous wildlife.

b. Describe how the project will affect these conditions, providing a complete physical description of the project and its relationship to the immediate surrounding area.

5.3.4.2. Surface Water and Subsurface Conditions.

a. Describe location, extent, and type of existing water and wetlands, including existing surface drainage characteristics, both within and adjacent to the site.

b. Describe any proposed alterations of shorelines or wetlands.

c. Describe any limitations imposed on the project by the site's soil and water conditions.

d. Describe the impact upon ground and surface water quality and recharge, including estimated phosphate and nitrate loading on groundwater and surface water from septic tanks, lawn fertilizer, and other activities within the site.

5.3.4.3. Circulation Systems.

a. Project the number of motor vehicles to enter or depart the site per average day and peak hour. Also state the number of motor vehicles to use streets adjacent to the site per average day and peak hour. Such data shall be sufficient to enable the special permit granting authority to evaluate (i) existing traffic on streets adjacent to or approaching the site, (ii) traffic generated or resulting from the site, and (iii) the impact of such additional traffic on all ways within and providing access to the site. Actual study results, a description of the study methodology, and the name, address, and telephone number of the person responsible for implementing the study, shall be attached to the DIS.

5.3.4.4. Support Systems.

a. Water Distribution: Discuss the water system proposed for the site, means of providing water for fire_fighting, and any problems unique to the site.

b. Sewage Disposal: Discuss the sewer system to be used, and evaluate impact of sewage disposal on the wastewater treatment facility.

c. Refuse Disposal: Discuss the location and type of facilities, the impact on existing Town refuse disposal capacity, hazardous materials requiring special precautions.

d. Fire Protection: Discuss the type, location, and capacity of fuel storage facilities or other flammables, distance to fire station, and adequacy of existing fire fighting equipment to confront potential fires on the proposed site.

e. Recreation: Discuss the distance to and type of public facilities to be used by residents of the proposed site, and the type of private recreation facilities to be provided on the site.

f. Schools: Project the increase to the student population for nursery, elementary, junior high school, and high school levels, also indicating present enrollment in the nearest public schools serving these categories of students.

5.3.4.5. Phasing. Where development of the site will be phased over more than one (1) year, indicate the following:

a. Describe the methods to be used during construction to control erosion and sedimentation through use of sediment basins, mulching, matting, temporary vegetation, or covering of soil stockpiles. Describe the approximate size and location of portion of the parcel to be cleared at any given time and length of time of exposure.

b. Describe the phased construction, if any, of any required public improvements, and how such improvements are to be integrated into site development.

5.3.5.0. Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the special permit granting authority may deem necessary to serve the purposes of this By_Law.

5.3.6.0. Plans. An applicant for a special permit shall submit a plan in substantial conformance with the requirements of Section 5.4.0.0, herein.

5.3.7.0. Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within twelve (12) months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, § 17, from the grant thereof) with the Town Clerk.

5.3.8.0. Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section.

5.3.9.0. Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits.

5.4.0.0. Site Plan Review.

5.4.1.0. Purpose. The purpose of this section is to provide for the protection and promotion of health, safety, convenience and general welfare of the inhabitants of Swampscott, and for promoting acceptable site planning practices and standards, and for promoting attractive, quality design and layout of commercial, industrial and residential development compatible with Swampscott neighborhoods, environment and character.

5.4.2.0. Applicability. For the purpose of computing the total gross floor area of a site plan, the Planning Board shall aggregate all site plans approved within the five (5) previous calendar years. The following types of activities and uses require site plan review by the Planning Board:

5.4.2.1. Commercial. Construction, exterior alteration or exterior expansion of, or change of use within, a municipal, institutional, commercial, industrial, or multi-family structure involving more than eight hundred (800) square feet of gross floor area;

5.4.2.2. Residential - addition. Construction, exterior alteration or exterior expansion of a single or two family residence involving an addition of more than five hundred (500) square feet of gross floor area.

5.4.2.3. Residential - new. Any new construction of a single or two family residence involving more than five thousand (5,000) square feet of gross floor area.

5.4.2.4. Parking lot. Construction or expansion of a parking lot for a municipal, institutional, commercial, industrial, or multi-family structure or purpose.

5.4.2.5. Subdivision. Any subdivision of land and subsequent construction of structures thereon.

5.4.2.6. Minor site plan. Applications for permits for new construction to build, alter or expand any nonresidential building or structure for use in any district where such construction will exceed a total gross floor area of eight hundred (800) square feet but not exceed a total gross floor area of two thousand (2000) square feet, or will not generate the need for more than ten (10) total number of parking spaces, shall be deemed a minor site plan. Unless waived at the request of the applicant per Section 5.4.7.0, minor site plans shall set forth all of the information required by Section 5.4.5.0; provided, however, that the scale of the site plan may be one (1) inch equals eighty (80) feet, and the plan may depict topographical contours at intervals available on maps provided by the United States Geological Survey.

5.4.2.7. Site preparation. In all districts, no site preparation shall be undertaken on a vacant lot until approval for a construction project is obtained from the Planning Board, the Board of Appeals and the Building Inspector. Site preparation is herein defined as a change in topography or cover, i.e.: excavation; dredging; filling; changing the grade; blasting; removal of trees or other vegetation. Borings and test pits to determine subsoil conditions are not included in this definition. If the rights under such a building permit have not been exercised within the limits provided by existing statutes, and site preparation has already commenced, the land shall be restored by means of placing a top soil and/or plantings by the applicant. Ordinary maintenance of vacant lots shall be exempt from this subsection.

5.4.3.0. Procedures. Applicants for site plan approval shall submit five (5) copies of the site plan to the Planning Board for review, two (2) copies of the site plan review materials with the application to the Town Clerk, and within three (3) days thereafter shall also submit a copy of the site plan materials to the Board of Health, Board of Appeals, Building Inspector, Town Engineer, Fire Department and Conservation Commission for their advisory review and comments. The Planning Board shall review the site plan and approve it, or approve it with conditions as deemed appropriate, or disapprove it if it finds that the application including the site plan review materials is incomplete. Conditions included in a site plan approval may, where necessary to give effect to the purpose of Section 5.4.0.0, include an increase in the applicable minimum requirements of zoning compliance set forth elsewhere in the Swampscott Zoning By-Law. The Planning Board shall act upon the site plan within sixty (60) days of its receipt, and notify the applicant of its decision. The decision of the Planning Board shall be upon a majority of those present and shall be in writing. No building permit or certificate of occupancy shall be issued by the Building Inspector without the written approval of the site plan by the Planning Board, unless sixty (60) days lapse from the date of the submittal of the site plan without action by the Planning Board.

5.4.3.1. Application for Building Permit. An application for a building permit to perform work as set forth in Section 5.4.2.0 available as of right shall be accompanied by an approved site plan.

5.4.3.2. Application for Special Permit or Variance. An application for a special permit or a variance to perform work as set forth in Section 5.4.2.0 shall be accompanied by an approved site plan; in the alternative, any special permit or variance granted for work set forth in Section 5.4.2.0 shall contain the following condition:

The work described herein requires the approval of a site plan by the Swampscott Planning Board pursuant to Section 5.4.0.0 of the Zoning By-law. Any conditions imposed in such site plan approval shall also be conditions of this special permit/variance.

5.4.3.3. Where the Planning Board approves a site plan "with conditions", and said approved site plan accompanies a special permit or variance application to the Board of Appeals, the conditions imposed by the Planning Board shall be incorporated into the issuance, if any, of a special permit or variance by the Board of Appeals.

5.4.3.4. The applicant may request, and the Planning Board may grant by majority vote, an extension of the time limits set forth herein.

5.4.3.5. No deviation from an approved site plan shall be permitted without modification thereof which has received Planning Board approval.

5.4.4.0. Preparation of Plans. Applicants are invited to submit a pre-application plan of the proposed project to the Planning Board and to schedule a comment period at a regular meeting of the board. Site Plans shall be submitted on 24_inch by 36_inch sheets. Plans shall be prepared by a Registered Professional Engineer, Registered Land Surveyor, Architect, or Landscape Architect, as appropriate. Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal. All plans shall have a minimum scale of one (1) inch equals forty (40) feet.

5.4.5.0. Contents of Plan - Commercial. The contents of the site plan are as follows:

5.4.5.1. For construction activities identified in 5.4.2.1, 5.4.2.4, 5.4.2.5 and 5.4.2.6, five (5) separate plans prepared at a scale of one (1) inch equals twenty (20) feet, or other such scale as may be approved by the Planning Board, shall be submitted. The plans are as follows:

a. Site layout which shall contain the boundaries of the lot(s) in the proposed development, locations and dimensions of proposed structures, driveways, internal roadways and access ways to adjacent public roadways, all parking areas, loading areas, walkways, and areas for snow storage after plowing. The first sheet of this plan shall be a locus plan, at a scale of one (1) inch equals one hundred (100) feet, showing the entire project and its relation to existing areas, buildings and roads for a distance of one thousand (1000) feet from the project boundaries or other distance as may be required by the Planning Board.

b. Topography and drainage plan showing location of all existing natural features, including ponds, brooks, streams and wetlands, and which shall contain the existing and proposed final topography at two (2) foot intervals, and plans for handling stormwater drainage.

c. Utility and landscaping plan, which shall include the locations and dimensions of all utilities, gas, telephone, electrical, communications, water, drainage, sewer and other waste disposal facilities, the location of all hydrants, fire alarms and firefighting facilities on and adjacent to the site, the location and type of external lighting, all proposed recreational facilities and open space areas, and all wetlands including floodplain areas.

d. Architectural plans, at a scale of one-eighth (1/8) inch equals one (1) foot, which shall include the ground floor plan and elevations for all sides of the building(s), and a color rendering. Elevations shall show architectural styles intended and shall indicate exterior materials and colors proposed.

e. Landscaping plan, showing the limits of work, existing tree lines, and all proposed landscape features and improvements including screening, planting areas with size and type of stock for each shrub or tree, and including proposed erosion control measures.

5.4.5.2. Time and cost statement. The site plan shall be accompanied by a written statement indicating the estimated time required to complete the proposed project and any and all phases thereof. There shall be submitted a written estimate, showing in detail the costs of all site improvements planned.

5.4.5.3. Summary. A written summary of the contemplated projects shall be submitted with the site plan indicating, where appropriate, the number of dwelling units to be built and the acreage in residential use, the evidence of compliance with parking and off_street loading requirements, the forms of ownership contemplated for the property and a summary of the provisions of any ownership or maintenance thereof, identification of all land that will become common or public land, and any other evidence necessary to indicate compliance with this by_law.

5.4.5.4. Drainage calculations. The site plan shall be accompanied by drainage calculations by a registered professional engineer. Storm drainage design shall conform to Town of Swampscott subdivision regulations.

5.4.5.5. Development Impact Statement. The Planning Board may require a Development Impact Statement (DIS) as set forth in Section 5.3.4.0, above.

5.4.5.6. Traffic Impact Report. The Planning Board may require a report on existing traffic volume, composition, peak hour levels, and existing street capacities, estimated daily traffic generation, composition, peak hour levels, and directional flow resulting from the proposed development, proposed methods to mitigate the estimated traffic impact, and the methodology and sources used to derive existing data and estimations.

5.4.6.0. Contents of Plan - Residential. The contents of the site plan for single and two family residences are as follows:

5.4.6.1. For construction activities identified in 5.4.2.2 and 5.4.2.3, the applicant shall submit five (5) copies of the following site plan materials to the Planning Board for review, and two (2) copies of the site plan and materials with the application to the Town Clerk.

a. Locus plan showing the applicant’s lot and adjacent streets, and footprints of the applicant’s house and proposed addition, and showing the footprints of houses and other buildings on abutting lots. Distances of adjacent homes to the applicant’s property lines shall be dimensional on the plan.

b. Dimensional site plan of the entire lot showing all existing and proposed buildings, structures, driveways, curb cuts, and exterior lighting, at a scale of one-eighth (1/8) inch equals one (1) foot, or one (1) inch equals twenty (20) feet. Said plan shall be dimensional to show distances to all setback lines.

c. Landscape plan showing the limits of the work, existing trees and vegetation, vegetation to be removed, proposed new landscaping with size, type and quantity of vegetation at a scale of one-eighth (1/8) inch equals one (1) foot, or one (1) inch equals twenty (20) feet. The site plan and the landscape plan may be combined into one plan if all required information can be clearly shown on one plan.

d. Dimensional floor plans and building elevations (all sides) of existing structures and proposed additions at a scale of one-eighth (1/8) inch equals one (1) foot, or one-quarter (1/4) inch equals one (1) foot. Elevations shall indicate exterior materials proposed.

e. Notice. Evidence that the applicant has notified the owners of abutting lots of the proposed construction plans at least one (1) week prior to the applicant’s meeting with the Planning Board for site plan review.

5.4.7.0. Waiver of Compliance. The Planning Board may, upon written request of the applicant, waive any of the requirements of Section 5.4.0.0 where the project involves relatively simple development plans or constitutes a minor site plan.

5.4.8.0. Approval. Site Plan approval shall be granted upon determination by the Planning Board that the plan meets the following objectives. The Planning Board may impose reasonable conditions at the expense of the applicant, including performance guarantees, to promote these objectives. Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of the Planning Board`s Subdivision Rules and Regulations. New building construction or other site alteration shall be designed in the Site Plan, after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points, and other aspects of the development, so as to:

5.4.8.1. Minimize the volume of cut and fill, the number of removed trees six (6) inch caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and threat of air and water pollution;

5.4.8.2. Maximize pedestrian and vehicular safety both on the site and egressing from it;

5.4.8.3. Minimize obstruction of scenic views from publicly accessible locations;

5.4.8.4. Minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned;

5.4.8.5. Minimize glare from headlights and lighting intrusion;

5.4.8.6. Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places.

5.4.8.7. Minimize contamination of groundwater from on_site waste_water disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances;

5.4.8.8. Ensure compliance with the provisions of this Zoning By-Law, including parking and landscaping.

5.4.8.9. Minimize adverse traffic impact of the proposed project.

5.4.9.0. Lapse. Site plan approval shall lapse after one year from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the Planning Board upon the written request of the applicant.

5.4.10.0. Regulations. The Planning Board may adopt and from time to time amend reasonable regulations for the administration of these site plan guidelines.

5.4.11.0. Fee. The Planning Board may adopt reasonable administrative fees and technical review fees for site plan review.

5.4.12.0. Appeal. Any appeal from any decision of the Planning Board pursuant to site plan review shall be made to a court of competent jurisdiction pursuant to M.G.L. c. 40A.

5.5.0.0. Amendments.

This By_Law may from time to time be changed by amendment, addition, or repeal by the Town Meeting in the manner provided in G.L. c. 40A, § 5, and any amendments thereto.

5.6.0.0. Applicability/General Provisions.

5.6.1.0. Other Laws. Where the application of this By_Law imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants, or agreements, the provisions of this By_Law shall control.

5.6.2.0. Conformance. Construction or operations under a Building Permit shall conform to any subsequent amendment of this By_Law unless the use or construction is commenced within a period of six months after the issuance of the permit, and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

5.6.3.0. Section Headings. Headings contained within this By-Law are for convenience and are not intended to have substantive meaning.

5.7.0.0. Partial Invalidity.

The invalidity of any section or provision of this By_Law shall not invalidate any other section or provision herein.

Article VI. Definitions.

In this by-law, the following terms and constructions shall apply unless a contrary meaning is required by the context or is specifically prescribed in the text of the by-law. Words used in the present tense include the future. The singular includes the plural and the plural includes the singular. The word "shall" is mandatory and "may" is permissive or discretionary. The word "and" includes "or" unless the contrary is evident from the text. The word "includes" or "including" shall not limit a term to specified examples, but is intended to extend its meaning to all other instances, circumstances, or items of like character or kind. The word "lot" includes "plot"; the word "used" or "occupied" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied". The words "building," "structure," "lot," or "parcel," shall be construed as being followed by the words "or any portion thereof." The word "person" includes a firm, association, organization, partnership, company, or corporation, as well as an individual. Terms and words not defined herein but defined in the Commonwealth of Massachusetts State Building Code shall have the meaning given therein unless a contrary intention is clearly evident in this by-law.

Accessory apartment: A dwelling unit constructed within or on an existing house containing a bathroom, kitchen, and living/bedroom space which is subordinate to and separated from the principal household.

Accessory building: A subordinate building located on the same lot as the main, or principal building or principal use, the use of which is customarily incidental to that of the principal building or use of the land, such as a garage, playhouse or private greenhouse.

Accessory use: A use customarily incidental to the main or principal building or use of the~land.

Adult day care facility: A building or structure where care, protection, and supervision are provided, on a regular schedule, to adults over the age of 18.

Agricultural use, nonexempt: Agricultural use of property not exempted by G.L. c. 40A, § 3.

Alterations: As applied to a building or structure, a change or rearrangement in the structural parts or in the existing facilities, or an enlargement whether by extending on a side or by increasing in height, or the moving from one (1) location or position to another.

Assisted Living Facility (ALF): See definition in Section 3.6.2.0.

Automatic teller machine (ATM): A facility for the distribution of cash, whether attached to a principal structure or free-standing and remote therefrom, drive-through or walk-up.

Bank: Any institution licensed by the federal government or licensed or chartered by the Commonwealth of Massachusetts as a bank, savings bank, trust company, credit union or any other bank charter form established under the Massachusetts General Laws.

Bed and breakfast establishment: Accommodations with not more than three bedrooms occupied by bed and breakfast guests in which the owner of the establishment resides. Bed and breakfasts are intended for guest on intermittent visits, and shall not be used as long-term rental units or apartments. All parking for residents and guests shall be off-street. The existing (as of January 1, 1994) curbcut, driveway, and site parking shall not be enlarged or modified to accommodate the bed and breakfast. The existing (as of January 1, 1994) exterior form and architecture of the residence shall not be enlarged or modified to accommodate the bed and breakfast. No on-site or off-site signs shall be permitted regarding the bed and breakfast.

Billboard: A means of conveying information, or a device designed to attract attention, that is displayed for public view, and which indicates a use, activity, product, message, or advertisement not related to, or available on, the property where the sign is located. Municipal signs are exempt.

Boarding house: A dwelling or part thereof in which lodging is provided by the owner or operator to more than four (4) boarders, for hire by the day, week or month, either with or without meals, including lodging houses and rooming houses. Where four (4) or more unrelated individuals rent a portion of a dwelling, it shall be considered a boarding house.

Building: A structure enclosed within exterior walls or firewalls, built, erected, and framed of a combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals, or property. For the purposes of this definition, "roof" shall include an awning or any similar covering, whether or not permanent in nature.

Building coverage: That percentage of the lot or plot area covered by the gross floor area of a building or buildings.

Building height: In the case of flat roofs, the vertical distance from the highest point of the roof (or top of parapet if parapet is higher than plane of roof; but this would not apply to parapets two (2) feet in height or less) to the average finished grade of the ground adjourning the building. In the case of sloped roofs, the vertical distance from the midpoint of the slope between the highest ridge and the main plate to the average finished grade of the ground adjourning the building. In neither case shall the height of a building be measured from the top of a basement, cellar, garage, storage area, etc., which is counted as a story. If the existing grades on the site prior to construction are raised three (3) feet or more (on average) for the new construction, then the height of the building shall be calculated from the grades that existed prior to new construction. See Figure 1 in Appendix B.

Building line: A line even with the front of the principal building which runs across the entire width of the lot and parallel with the street.

Building, principal: A building in which is conducted the main or principal use of the lot on which said building is situated.

Business, medical or professional office, large: A building or part thereof having more than four (4) workers on-site concurrently (regardless of whether they be principals, partners, employees or of other classification), which exists for the transaction of business or the provision of medical or professional services exclusive of the receipt, sale, storage, or processing of merchandise.

Business, medical or professional office, small: A building or part thereof having four (4) or fewer workers on-site concurrently (regardless of whether they be principals, partners, employees or of other classification), which exists for the transaction of business or the provision of medical or professional services exclusive of the receipt, sale, storage, or processing of merchandise.

Child Care Facility: A day care center or a school age child care program as defined in G.L. c. 28A, § 9.

Club or lodge, nonprofit: Buildings, structures and premises used by a nonprofit social or civic organization catering exclusively to members and their guests for social, civic, recreational, or athletic purposes provided there are no vending stands, merchandising, or commercial activities except as may be required generally for the membership and purposes of such organization.

Commercial recreation, indoor: A structure for recreational, social or amusement purposes, which may include as an accessory use the consumption of food and drink, including all connected rooms or space with a common means of egress and entrance. Such facilities shall include theaters, concert halls, dance halls, skating rinks, bowling alleys, health clubs, dance studios, or other commercial recreational centers conducted for or not for profit.

Commercial recreation, outdoor: Drive-in theater, golf course/driving range, bathing beach, sports club, horseback riding stable, boathouse, game preserve, marina or other commercial recreation carried on in whole or in part outdoors, except those activities more specifically designated in this By-Law.

Contractor's yard: Premises used by a contractor or subcontractor for storage of equipment and supplies, fabrication of subassemblies, and parking of wheeled equipment.

Commercial vehicle: Any vehicle used for purposes other than the transportation of fewer than nine (9) persons, or any vehicle or piece of equipment which is not considered a private passenger car by either insurers, the Massachusetts Registry of Motor Vehicles or the United States Department of Transportation. Included is equipment, whether registered or unregistered, which would require registration for travel on a public way.

Convenience mart: A store that sells convenience food items and other products, and that is usually open at least 15 to 16 hours per day.

Distribution facility: See “Warehouse.”

Dwelling: A building designed and occupied as the living quarters of one (1) or more families. Single- and two-family dwellings shall be designed for and occupied by not more than one (1) or two (2) families, respectively. A multifamily dwelling shall be one designed for and occupied by three (3) or more families.

Educational use, nonexempt: Educational facilities not exempted from regulation by G.L. c.~40A, s. 3, including dance studios, martial arts facilities, and the like.

Erect: To build, construct, reconstruct, move upon, or conduct any physical development of the premises required for a building; to excavate, fill, drain, and the like preparation for building shall also be considered to erect.

Essential services: Services provided by a public service corporation or by governmental agencies through erection, construction, alteration, or maintenance of gas, electrical, steam, or water or sewer transmission or distribution systems and collection, communication, supply, or disposal systems whether underground or overhand, but not including wireless communications facilities. Facilities necessary for the provision of essential services include poles, wires, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment in connection therewith.

Family: Any number of individuals living and cooking together on the premises as a single housekeeping unit.

Family day care: Any private residence which on a regular basis receives for temporary custody and care during part or all of the day, children under seven (7) years of age or children under sixteen (16) years of age if such children have special needs. Provided, however, in either case, that the total number of children shall not exceed more than six (6), excluding participating children living in the residence. Family day care shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefore.

Financial institution: See “Bank.”

Flood plains: Low areas adjoining a body of water or a watercourse which have been in the past or can reasonably be expected in the future to be covered by flooding.

Funeral home: Facility for the conducting of funerals and related activities such as embalming.

Group residence: A premise licensed by or operated by an agency of the Commonwealth of Massachusetts as set forth in the State Building Code housing not more than twenty-five (25) unrelated persons, sixteen (16) years of age or over.

Gross floor area: The total square feet of floor space within the outside dimensions of a building including each floor level, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features, including floor area of attic containing 7’3”or greater in height as measured perpendicular to the floor, but excluding basement/cellar if more than 50% of height of basement/cellar is below the finished grade of the ground adjoining the basement/cellar. (05/03)

Home occupation: An occupation, business, trade, service or profession which is subordinate to and conducted in a dwelling unit or in a building or other structure accessory thereto, by the owner thereof.

Hospital: Any institution with facilities for overnight care, however named, whether conducted for charity or profit, which is advertised, announced, established or maintained for the purpose of caring for persons admitted thereto for diagnosis or medical, surgical or restorative treatment which is rendered within said institution.

Hotel: See “Motel.”

Independent living facilities (ILF): See definition in section 3.6.2.0.

Junk: Any article or material or collection thereof, which is worn out, cast off or discarded and which is ready for destruction or has been collected or stored for salvage or conversion. Any article or material which, unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new shall be considered junk.

Junkyard or automobile graveyard: The use of any area or any lot, whether inside or outside of a building, for the storage, keeping, or abandonment of junk, scrap or discarded materials, or the dismantling, demolition, or abandonment of automobiles, other vehicles, machinery, or parts thereof.

Light manufacturing: Fabrication, assembly, processing, finishing work or packaging.

Lodge, nonprofit: See “Club.”

Lot: A continuous parcel of land with legally definable boundaries. See Figure 2 in Appendix~B.

Lot area: The horizontal area of the lot exclusive of any area in a street or recorded way open to public use. At least eighty (80) percent of the lot area required for zoning compliance shall be contiguous land other than that under any water body, bog, swamp, wet meadow, marsh, or other wetland, as defined in G.L. c. 131, § 40, as may be amended.

Lot, corner: A lot abutting two intersecting streets. A corner lot shall be considered as having two front property lines and two side property lines. The rear property line shall consist of the intersection point of the two side property lines. See Figure 2 in Appendix B.

Lot, depth of: The mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot. See Figure 2 in Appendix B.

Lot, frontage of: A lot line coinciding with the sideline of a street which provides both legal rights of vehicular access and physical vehicular access to the lot, said line to be measured continuously along a single street or along two (2) intersecting streets if their angle of intersection is greater than one hundred and twenty (120) degrees. See Figure 2 in Appendix B.

Lot line: Side lot line means any lot line of which one end touches a street lot line. Street lot line or street line means a line dividing a lot from a street. Rear lot line means any lot line not a street lot line or side lot line. See Figure 3 in Appendix B.

Lot, width of: The horizontal distance between side lot lines, measured parallel to the lot frontage at the front yard setback line. See Figure 2 in Appendix B.

Major recreational equipment: Campers, trailers or other recreational vehicles. All other recreational equipment, including boats, shall be considered lawfully nonconforming.

Medical center or clinic: A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.

Motel or hotel: A building or buildings intended and designed for transient, overnight or extended occupancy, divided into separate units within the same building with or without a public dining facility. If such hotel or motel has independent cooking facilities, such unit shall not be occupied by any guest for more than four (4) continuous months, nor may the guest reoccupy any unit within thirty (30) days of a continuous four-month stay, nor may the guest stay more than six (6) months in any calendar year. No occupant of such hotel or motel may claim residency at such location.

Motor vehicle general and body repair: An establishment, garage or work area enclosed within a building for the servicing and repair of autos, including fenders, bumpers and similar components of motor vehicle bodies, but not including the storage vehicles for the cannibalization of parts or fuel sales.

Motor vehicle light service: Premises for the supplying of fuel, oil, lubrication, washing, or minor repair services, but not to include body work, painting, or major repairs.

Motor vehicle sales and rental: The indoor or outdoor sales or rental of motor vehicles.

Municipal facilities: Facilities owned or operated by the Town of Swampscott.

Multi-family dwelling: See “Dwelling.”

Nursing or convalescent home: A licensed facility where persons are housed or lodged and furnished with meals and nursing care for hire.

Office: A place in which functions such as directing, consulting, record keeping, clerical work and sales (without the presence of merchandise) of a firm are carried on; also, a place in which a professional person conducts his or her professional business.

Outdoor storage: Enclosed or open-lot storage of material, contractor’s equipment, machinery and metals, other than scrap or junk, and similar materials.

Personal service establishment: A facility providing personal services such as hair salon, barber shop, tanning beds, dry cleaning, print shop, photography studio, and the like.

Restaurant: A building, or portion thereof, containing tables, chairs and/or booths, which is designed, intended and used for the sale and consumption of food prepared on the premises. The term "restaurant" shall not include such establishments open at any time during 1:00 a.m. and 5:00 a.m., “fast-food restaurants” or “drive-in restaurants.”

Restaurant, drive-in: A restaurant or fast food restaurant with a window designed to serve motor vehicles.

Restaurant, fast-food: An establishment whose principal business is the sale of pre-prepared or rapidly prepared food directly to the customer in a ready to consume state for consumption off premises, with food ordering at a counter, rather than a table.

Retail: A facility selling goods but not specifically listed in the Table of Use Regulations.

Single-family dwelling: See “Dwelling.”

Self-storage mini-warehouse: See “Warehouse.”

Sign: Any device designed to inform or attract the attention of persons not on the premises on which the device is located. Any building surfaces other than windows which are internally illuminated or decorated with gaseous tube or other lights are considered "signs." The following, however, shall not be considered signs within the context of this by-law:

(a) Flags and insignia of any government except when displayed in connection with commercial promotion.

(b) Legal notices, or informational devices erected or required by public agencies.

(c) Temporary devices erected for a charitable or religious cause, provided they are removed within seven (7) days of erection.

(d) Temporary displays inside windows, covering not more than 25% percent of window area, illuminated by building illumination only.

(e) Standard gasoline pumps bearing thereon in usual size and form the name, type, and price of gasoline.

(f) Integral decorative or architectural features of a building, except letters, trademarks, moving parts, or parts internally illuminated or decorated with gaseous tube or other lights.

(g) Devices identifying a building as distinct from one (1) or more of its occupants, such device being carved into or attached in such a way as to be an integral part of the building, not illuminated separate from building illumination, without color contrasting with sign background, and not exceeding four (4) square feet in area.

(h) Address identification through numerals or letters not exceeding three (3) inches in height.

See Figure 4 in Appendix B for types of signs.

Sign Area: The area of the smallest horizontally or vertically oriented rectangle which could enclose all the display area of the sign, together with any backing different in color or material from the finish material of the building face, without deduction for open space or other irregularities. Structural members not bearing advertising matter shall not be included unless internally or decoratively lighted. Only one side of flat, back-to-back signs need be included in calculating sign area. See Figure 5 in Appendix B for types of signs.

Story: That portion of a building (including basements, cellars, garages, storage areas, etc.) contained between any floor and the floor or roof next above it. The lowest level of a building, including basements, cellars, garages, storage areas, etc., shall not be counted as a story if more than one-half of the height of this level is below the average finished grade of the ground adjoining this level. A half-story is a story which is comprised of 50% or less of the square footage of the floor below. (05/03)

Street: (1) a public way or a way which the Swampscott Town Clerk certifies is maintained and used as a public way; or (2) a way shown on an endorsed definitive subdivision plan, either built to specification or for which adequate security exists to complete construction; or (3) a way having in the opinion of the Planning Board sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed uses of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.

Structure: A combination of materials assembled at a fixed location to give support or shelter, such as a building, framework, retaining wall, tent, reviewing stand, platform, bin, fence, sign, flagpole, recreational tramway, mast for radio antenna or the like.

Two-family dwelling: See “Dwelling.”

Warehouse: A building used primarily for the storage of goods and materials, for distribution, but not for sale on the premises.

Wetlands: Areas such as marshes, swamps, and lowland where groundwater is at or near the surface for at least six months of the year. Vegetation characteristic of wetland is listed in G.L. c. 131, § 40 and on a simplified list, both on file at the Town Clerk's office. These areas are subject to periodic inundation.

Wholesale: See “Warehouse.”

Wireless communications facility: A wireless communication monopole which facilitates the provision of wireless communications services.

Wireless communications services: The provision of the following types of services: cellular telephone service, personal communications and enhanced specialized mobile radio service.

Yard, front: A space across the full width of the lot and extending from the most forward point of the building located on such a lot to the front line of such a lot. See Figure 3 in Appendix B.

Yard, rear: A space across the full width of the lot and extending from the most rearward point of the building located on such a lot to the rear line of such a lot. See Figure 3 in Appendix B.

Yard, side: A space extending from the front yard to the rear yard between the side lot line and extending from that point on a building located in such a lot which is closest to that side lot line. See Figure 3 in Appendix B.

[The remainder of this page is intentionally blank.]

Appendix A - Table of Dimensional Requirements: Section 2.3.2.0

DISTRICT	Minimum lot area (sq. ft.)	Minimum lot frontage (ft.)	Minimum front yard (ft.)	Minimum side yard (ft.)	Minimum rear yard (ft.)	Maximum height	Maximum building coverage (% of lot)
A1	30,000	125	30	15	35	2.5 stories	25
A2	20,000	100	25	10	25	but not in	25
A3	10,000	80	20	7.5	20	excess of	30
B1	10,000 for dwellings	80 for dwellings	none required	none required	20	35 feet	30 for dwellings 70 all others
B2	10,000 for dwellings	80 for dwellings	none required	none required	10	40 feet	30 for dwellings 80 all others
B3	15,000 for dwellings; 40,000 all others	100 for dwellings; 200 all others	25 for dwellings; 100 all others	10 for dwellings; 40 all others	25 for dwellings; 40 all others⁴	35 for dwellings; 40 all others	25 for dwellings; 20 all others

Appendix B - Illustrations

(The remainder of this page intentionally left blank)

Appendix C - Referenced Former By-Law Provisions

· Pursuant to footnote one (page 24): Article 3, Section 10, subsection C, paragraph 1 of the former by-laws states as follows:

C. Specific Sign Types (Note: The sign types listed below must comply with all sign regulations except as specifically noted below.)

1. Political signs: temporary political signs, not to exceed eight (8) square feet in area, may be erected not more than forty-five (45) days prior to an election to which they refer. Within five (5) days after the election, such signs must be removed.

Where a temporary “political” or “message” sign is erected to communicate an opinion not necessarily referring to an election, such sign may remain in place for a period not to exceed thirty (30) days and need not be in place prior to an election. A minimum period of thirty (30) days shall elapse between the removal and erection of the same “message” sign.

Political signs shall nor [sic] be attached to utility poles, municipal sign poles, fences, trees, or public property. Political signs may not be illuminated.

Only two (2) political signs per property lot are permitted. However, in the case of a two-family house on one lot, each dwelling unit may erect two (2) signs. (One sign on opposite faces of free-standing double-sided sign will count as only one sign.)

Violation of any provision of this political sign section shall be punishable by a fine assessed to the property owner equal to twenty-five dollars ($25) for each offense. Each day after notification by the building inspector of failure to comply shall constitute a separate offense.

· Pursuant to footnote 2 (page 47): Article 3, Section 11, subsection C.1 of the former by-laws states as follows:

C. Description of Areas Included in the Wireless Communications Services District:

1. The Wireless Communications Services District shall include all land owned by the Town of Swampscott.