Swampscott, MA - Article II. Use, Dimensional and Timing Regulations.

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Article II. Use, Dimensional and Timing Regulations.

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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 (A1 District).

2.1.1.2. Residence A-2 District (A2 District).

2.1.1.3. Residence A-3 District (A3 District).

2.1.1.4. Business B-1 District (B1 District).

2.1.1.5. Business B-2 District (B2 District).

2.1.1.6. Business B-3 District (B3 District).

2.1.1.7. Planned Development Districts (PDD). For the purposes of this By-Law, the Town of Swampscott is hereby divided into the following districts:

2.1.1.7.1. Phillips Fire Station PDD.

2.1.1.7.2. Burrill Senior Center PDD.

2.1.1.7.3. Greenwood PDD.

2.1.1.7.4. Temple PDD.

2.1.1.8. Industrial District (I District).

2.1.1.8.1 Location of District. The Industrial Districts includes the following lots and is mapped as follows:

Assessor’s Map 9, Lot 646

Assessor’s Map 11, Lots 686, 732 and 769

Assessor’s Map 12, Lots 99, 100, 101, 101A, 101B, 101C and 101E

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, Planned Development Districts and the Industrial District 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 2.3.4.0. Multiple principal uses shall be allowed in a single structure subject to the provisions of Section 2.2.3.0. below.

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 in accordance with Section 5.3.0.0. of this By-Law.

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	A-1	A-2	A-3	B-1	B-2	B-3	I	Off-Street Parking Group (See Art. 3.1.2.0)
A.	~RESIDENTIAL
1.	Single-family dwelling	Y	Y	Y	SP	N	N	N	A
2.	Two-family dwelling	N	N	Y	SP	N	N	N	A
3.	Multi-family dwelling containing not more than 8 dwelling units	N	N	SP	SP	SP	SP	N	A-MF
3A.	Multi-family dwelling containing more than 8 dwelling units	N	N	N	SP	SP	SP	N	A-MF
4.	Bed and Breakfast Establishment	SP	SP	SP	SP	N	N	N	C
5.	Accessory Apartment (See §5.11.0.0.)	SP	SP	SP	SP	SP	SP	N	A
6.	Assisted Living Facility or Independent Living Facility	SP	SP	SP	N	N	N	N	SEE §3.1.2.4
7.	Group Residence	SP	SP	SP	SP	SP	SP	N	SEE §3.1.2.4
8.	Home Occupation As of Right	Y	Y	Y	Y	Y	Y	N	None
9.	Home Occupation by Special Permit	SP	SP	SP	SP	SP	SP	N	A-HO
B.	EXEMPT USES
1.	Use of land or structures for religious purposes	Y	Y	Y	Y	Y	Y	Y	SEE §3.1.2.4
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	Y	SEE §3.1.2.4
3.	Childcare facility	Y	Y	Y	Y	Y	Y	Y	SEE §3.1.2.4
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	Y	SEE §3.1.2.4
5.	Facilities for the sale of produce, 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	Y	SEE §3.1.2.4
C.	INSTITUTIONAL USES
1.	Club, lodge or fraternal organization (profit or not for profit)	N	N	N	SP	SP	N	N	F
2.	Educational uses, schools (non-exempt)	N	N	N	SP	SP	SP	N	SEE §3.1.2.4
3.	Educational uses (non-exempt) containing less than 1,500 s.f. of gross floor area	N	N	N	Y	Y	Y	N	SEE §3.1.2.4
4.	Educational uses (non-exempt) containing 1,500 s.f. of gross floor area to 5,000 s.f. of gross floor area	N	N	N	SP	SP	Y	N	SEE §3.1.2.4
5.	Educational uses (non-exempt) containing more than 5,000 s.f. of gross floor area	N	N	N	SP	SP	SP	N	SEE §3.1.2.4
6.	Family day care / Adult day care (non-exempt)	SP	SP	SP	SP	SP	SP	N	SEE §3.1.2.4
7.	Outpatient medical center or clinic	N	N	N	N	SP	SP	N	H
8.	Theatre; museum; performing, cultural or arts facility; or hall for public gathering	N	N	N	SP	SP	SP	N	D
D.	LOCAL GOVERNMENT
1.	Administrative Offices	SP	SP	SP	SP	SP	SP	SP	SEE §3.1.2.4
2.	Police/ Fire / Ambulance	SP	SP	SP	SP	SP	SP	SP	SEE §3.1.2.4
3.	Municipal Library	SP	SP	SP	SP	SP	SP	SP	SEE §3.1.2.4
4.	Municipal Service Facility	SP	SP	SP	SP	SP	SP	SP	SEE §3.1.2.4
5.	All other municipal uses	SP	SP	SP	SP	SP	SP	SP	SEE §3.1.2.4
E.	COMMERCIAL
1.	Nursing or convalescent home	N	N	N	N	N	SP	N	SEE §3.1.2.4
2.	Retail containing less than 2,000 s.f. of gross floor area	N	N	N	Y	Y	Y	N	G
3.	Retail containing 2,000 s.f of gross floor area to 10,000 s.f of gross floor area (including storage and sales space, and accessory space)	N	N	N	SP	SP	Y	N	G
4.	Retail containing more than 10,000 s.f. of gross floor area (including storage and sales space, and accessory space)	N	N	N	SP	SP	SP	N	G
5.	Selling of animals and pets	N	N	N	SP	SP	SP	N	G
6.	Bakery containing less than 2,000 s.f. of gross floor area (where at least 75% of all goods sold at retail on premises)	N	N	N	Y	Y	Y	N	G
7.	Bakery containing 2,000 s.f. of gross floor area or more (where at least 25% of the premises is used for retail sales on premises)	N	N	N	SP	SP	SP	N	G
8.	Motor vehicle sales and rental	N	N	N	N	SP	N	N	G
9.	Motor vehicle general or body repair, or automatic automobile / vehicle washing facility	N	N	N	N	SP	SP	N	G
10.	Motor vehicle filling / fueling station	N	N	N	SP	SP	SP	N	G
11.	Self-service automobile / vehicle washing facility	N	N	N	N	N	N	N	N/A
12.	Motor vehicle light service	N	N	N	SP	SP	SP	N	G
13.	Restaurant or coffee shop containing less than 2,000 s.f. of gross floor area	N	N	N	Y	Y	Y	N	E
14.	Restaurant or coffee shop containing 2,000 s.f. of gross floor area to 7,500 s.f. of gross floor area	N	N	N	SP	SP	Y	N	E
15.	Restaurant or coffee shop containing more than 7,500 s.f. of gross floor area	N	N	N	SP	SP	SP	N	E
16.	Restaurant or coffee shop abutting one or more residentially zoned properties that are being used for residential purposes	N	N	N	SP	SP	SP	N	E
17.	Restaurant including entertainment (dancing, live music, DJ, live entertainment.) (not including televisions or background music)	N	N	N	SP	SP	SP	N	E
18.	Restaurant providing delivery service (using more than one delivery vehicle per shift)	N	N	N	SP	SP	SP	N	E
19.	Restaurant – with curbside pick-up / curbside delivery	N	N	N	N	SP	SP	N	E
20.	Catering establishment (establishment primarily for the preparation and sale of food for off-premises sale or consumption)	N	N	N	SP	SP	SP	SP	SEE §3.1.2.4
21.	Business, medical or professional office - large	N	N	N	SP	SP	SP	N	I
22.	Business, medical or professional office - medium	N	N	N	Y	Y	Y	N	I
23.	Business, medical or professional office - small	N	N	N	Y	Y	Y	N	I
24.	Personal service establishment containing less than 2,000 s.f. of gross floor area	N	N	N	Y	Y	Y	N	G
25.	Personal service establishment containing 2,000 s.f. of gross floor area to 5,000 s.f. of gross floor area	N	N	N	SP	SP	Y	N	G
26.	Personal service establishment containing more than 5,000 s.f. of gross floor area	N	N	N	SP	SP	SP	N	G
27.	Animal grooming (no overnight boarding of animals)	N	N	N	SP	SP	SP	SP	G
28.	Bank or financial institution containing less than 2,000 s.f. of gross floor area	N	N	N	Y	Y	Y	N	G
29.	Bank or financial institution containing 2,000 s.f. of gross floor area to 5,000 s.f. of gross floor area	N	N	N	SP	SP	Y	N	G
30.	Bank containing more than 5,000 s.f. of gross floor area	N	N	N	SP	SP	SP	N	G
31.	Automatic teller machine (freestanding)	N	N	N	SP	SP	SP	N	K
32.	Automatic teller machines (integrated/inline or attached to other structure)	N	N	N	Y	Y	Y	N	K
33.	Outdoor vending machines, kiosks and booths	N	N	N	SP	SP	SP	N	SEE §3.1.2.4
34.	Nursery / greenhouse	N	N	N	N	N	N	SP	SEE §3.1.2.4
35.	Veterinary Establishment	N	N	N	SP	SP	SP	N	H
36.	Kennel	N	N	N	N	N	N	SP	SEE §3.1.2.4
37.	Drive-Through in connection with any lawfully existing use (See §5.12.0.0.)	N	N	N	N	N	SP	N	N/A
38.	Any Permitted Use open before 7:00 a.m. or later than 10:00 p.m.	N	N	N	SP	SP	SP	SP	N/A
39.	Bar, Tavern or Lounge	N	N	N	SP	SP	SP	N	E
40.	Any allowed use containing outdoor seating, display or storage	N	N	N	SP	SP	SP	SP	N/A
41.	Any allowed use involving the sale and/or consumption of alcohol	N	N	N	SP	SP	SP	SP	N/A
42.	Funeral home / mortuary	N	N	N	N	N	SP	N	D
43.	Motel, Hotel or Inn	N	N	N	SP	SP	SP	N	C
44.	Tattoo and Body Piercing Shop	N	N	N	N	N	SP	N	G
F.	INDUSTRIAL
1.	Light manufacturing under 10,000 s.f. of gross floor area	N	N	N	N	SP	N	SP	J
2.	Light manufacturing at least 10,000 s.f. of gross floor area	N	N	N	N	N	N	SP	J
3.	Warehouse, Distribution Facility, Self-Storage Mini-Warehouse	N	N	N	N	SP	N	SP	J
4.	Contractor's Yard	N	N	N	N	SP	N	SP	J
5.	Junkyard or automobile graveyard	N	N	N	N	N	N	SP	SEE §3.1.2.4
6.	Quarrying / stone / earth removal for commercial purposes	N	N	N	N	N	N	SP	SEE §3.1.2.4
7.	Renewable and Alternative Energy Research Facilities	N	N	N	N	N	N	Y
G.	MISCELLANEOUS
1.	One Storage Container for the storage of personal property, provided such storage container does not exceed 1,700 cubic feet and is not maintained for more than 90 days in any 12 consecutive month period	Y	Y	Y	Y	Y	Y	Y	N/A
2.	One Storage Container that is not maintained for more than 180 days in any 12 consecutive month period	SP	SP	SP	SP	SP	SP	SP	N/A
3.	One Storage Container, not to exceed 1,700 cubic feet, for the storage of personal property and construction materials and equipment, provided such Storage Container is required as a result of ongoing construction at the property which is being undertaken in accordance with a lawfully issued building permit, provided, however, such Storage Container shall be removed from the property upon the earlier of (i) cessation of construction work on the property for any 10 consecutive day period, (ii) final sign-off of the building permit; and (iii) 150 days following issuance of the building permit permitting such construction	Y	Y	Y	Y	Y	Y	Y	N/A
3.	All other Storage Containers	N	N	N	N	N	N	SP	N/A
4.	Adult Uses (See §5.10.0.0.)	N	N	N	N	N	N	SP	SEE §3.1.2.4

2.2.3.1. Change in Ownership. A change of ownership of the commercial use without a corresponding change or expansion in the use shall not require a new Special Permit under this Section 2.2.3.0. unless an express condition of the Special Permit approving such commercial use requires that the Special Permit is personal and issued to a particular person or entity.

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 (6) months.

2.2.4.4. Commercial Motor Vehicles and Equipment. No person shall permit any commercial vehicle or piece of equipment to remain ungaraged anywhere on his/her 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 on the premises only while such services are being actively performed. Each dwelling unit may have one truck of less than nine thousand five hundred (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 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. Intentionally omitted.

2.2.4.7. Garage. One (1) garage for not more than three (3) automobiles belonging to residents of the property on which it is located is a permitted accessory use in a Residence A-1, A-2 or A-3 District. Garages for additional automobiles belonging to residents of the property on which it is located shall only be permitted by special permit pursuant to Section 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.

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 (1) 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 and obtain a business certificate and obtain an annual certification from the Inspector of Buildings confirming that the home occupation complies with all of the requirements of this Section 2.2.6.1.

f. There shall be no display of goods or wares visible from beyond the boundaries of the premises 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 music teachers and tutors, shall not serve clients, customers, salespersons, or the like on the premises.

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 in addition to the criteria set forth in Section 5.3.2.0. below, 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 (1) time.

c. No sign, exterior display or other advertising device visible from beyond the boundaries of the premises shall be permitted, except for one (1) unlighted, exterior sign advertising the home occupation shall not exceed one (1) square foot in area attached flush to the building in which the home occupation is located and constructed to be in keeping with the character of the neighborhood.

d. Parking generated by the home occupation shall be accommodated off_street, but in no event shall such parking be located in the required front, side or rear yard of a property.

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. Improved Lots - 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 or extend 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. Only the following types of changes or extensions to nonconforming uses may be considered by the Board of Appeals:

a. Change or substantial extension of the nonconforming use, provided a nonconforming use may not be extended to include more than the lesser of (i) one hundred twenty-five (125%) percent of the area dedicated to such nonconforming use as of the date such use first became nonconforming, and (ii) one hundred twenty-five (125%) percent of the area presently dedicated to such nonconforming 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. Only the following types of changes to nonconforming structures may be considered by the Board of Appeals:

a. Reconstructed, extended or structurally changed; and

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, for example, the extension of an exterior wall at or along the same nonconforming distance within a required yard, shall require the issuance of a dimensional special permit or variance, as applicable, from the Board of Appeals.

2.2.7.3. Nonconforming Single and Two-Family Structures.

(a) Nonconforming single and two-family residential structures may be extended, altered, reconstructed or structurally changed upon a determination by the Inspector of Buildings that such proposed extension, alteration, reconstruction or change does not increase the nonconforming natures of said structure, which determination shall only be made by the Inspector of Building if one or both of the following two (2) circumstances exists:

In the case of a lot that does not comply with the existing minimum lot area and/or minimum lot frontage requirements: (i) there has been no alteration, extension, reconstruction or structural change to the exterior of the structure within the past five (5) years, and (ii) the existing structure complies with all current setback, open space, lot coverage, and building height requirements, and (iii) the proposed alteration, extension, reconstruction or structural change will also comply with all said current setback, open space, lot coverage and height requirements, and (iv) the cost to complete the proposed alteration, extension, reconstruction or structural change does not exceed one-third (1/3) of the assessed cost of the entire existing structure, and (v) such alteration, extension, reconstruction or structural change does not increase the gross floor area of the structure by more than fifteen (15%) percent, or increase the height of the building by more than fifteen (15%) percent, or increase the size of any lateral dimension by more than fifteen (15%) percent of the aggregate lateral dimension, or increase lot coverage by more than fifteen (15%) percent, or decrease the open space by more than fifteen (15%) percent; and/or

2. In the case where the existing structure presently encroaches or otherwise does not comply with one or more setback, open space, lot coverage or building height requirements: (i) there has been no alteration, extension, reconstruction or structural change to the exterior of the structure within the past five (5) years, and (ii) the proposed alteration, extension, reconstruction or structural change will comply with all current setback, open space, lot coverage and building height requirements, and (iii) the cost to complete the proposed alteration, extension, reconstruction or structural change does not exceed one-third (1/3) of the assessed cost of the entire existing structure, and (iv) such alteration, extension, reconstruction or structural change does not increase the gross floor area of the structure by more than fifteen (15%) percent, or increase the height of the building by more than fifteen (15%) percent, or increase the size of any lateral dimension by more than fifteen (15%) percent of the aggregate lateral dimension, or increase in lot coverage by more than fifteen (15%) percent, or decrease the open space by more than fifteen (15%) percent.

(b) In the event the Inspector of Buildings does not make the determination required in Section 2.2.7.3.(a) above, such extension, alteration, reconstruction or change may only be permitted by special permit issued by the Board of Appeals (so-called “Section 6 Special Permit”) upon a determination that such extension, alteration, reconstruction or change is not substantially more detrimental than the existing nonconforming structure to the neighborhood. A Section 6 Special Permit shall only permit conforming changes to non-conforming structures and/or conforming changes to non-conforming lots. Extensions, alterations, reconstruction or changes that will not comply with the current setback, open space, lot coverage or building height requirements shall only be permitted, if at all, upon issuance by the Board of Appeals, as applicable, of a Dimensional Special Permit in accordance with Section 2.3.6.0. below or a Dimensional Variance in accordance with Section 5.2.2.2. below.

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 (2) years, shall lose its protected status and be subject to all of the provisions of this Zoning By-Law.

2.2.7.5. Reconstruction of Nonconforming Structures. Notwithstanding anything herein to the contrary, any nonconforming structure may be reconstructed after a fire, explosion, or other accident, provided that such reconstruction is completed within twelve (12) months after such fire, explosion, or other accident, and provided that the building(s) as reconstructed shall be only as great in volume or area as the original nonconforming structure, and further provided that reconstruction is, as applicable, approved by the Site Plan Special Permit Granting Authority pursuant to Section 5.4.0.0. Such time for reconstruction may be extended for up to an additional twelve (12) months, if the request is made before the expiration of the original 12-month period, by the Board of Appeals for good cause.

A nonconforming structure which has been demolished or removed as a result of other than by fire, explosion or other accidental cause shall not be rebuilt except as a conforming structure unless a special permit is granted by the Board of Appeals in accordance with Sections 2.2.7.1., 2.2.7.2, or 2.2.7.3, as applicable.

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

2.2.7.7. Non-Conforming Signs in Residential Districts. The extension, alteration, reconstruction or change of non-conforming signs for professional offices in residential districts may only be permitted by special permit issued by the Board of Appeals (so-called “Section 6 Special Permit”) upon a determination that such extension, alteration, reconstruction or change is not substantially more detrimental than the existing nonconforming sign to the neighborhood; provided, however, that the extension, alteration, reconstruction or change of non-conforming signs authorized under this Section 2.2.7.7. shall be in conformity with the provisions of Section 3.2.4.1.(a)(i),(iii), (iv), and (v). Or take any other action relative thereto.

2.2.8.0. Planned Development Districts. For allowed principal and accessory uses in a Planned Development District, see Section 4.5.2.0.

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. The dimensional requirements set forth in Appendix A, as otherwise modified by the provisions of By-Law shall apply in all districts.

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 to the rear or side lot line than the greater of (i) five (5) feet and (ii) fifty (50%) percent of the relevant prescribed minimum set-back distance, 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 to any side or rear lot line than the greater of (i) five (5) feet and (ii) fifty (50%) percent of the relevant prescribed minimum set-back distance, 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.

2.3.3.4. No more than one (1) accessory building may be located on lot without first obtaining a special permit from the Board of Appeals in accordance with Section 5.3.0.0. below.

2.3.4.0. Multiple Principal Structures. Except in the residential districts, more than one (1) 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; and

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.

2.3.4.4. Notwithstanding anything to the contrary contained within this Section 2.3.4.0., for purposes of construction of Renewable and Alternative Energy Research and Development Facilities (RE/AE R&D Facilities) within the I District under Section 2.1.1.8. and Section 2.2.3.0. of this By-Law, more than one (1) principal nonresidential structure may be erected on a lot in accordance with the conditions set forth in this Section 2.3.4.0. without the requirement of a special permit from the Board of Appeals, or take any action relative thereto.

2.3.5.0. Unimproved Lots - Grandfathered or Undersized Lots. Any unimproved lot that does not conform to the lot area or frontage 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 yard, height, open space, or lot coverage restrictions upon a finding that:

2.3.6.1. There is no practical alternative to the proposed structure that is capable of complying with the dimensional requirement(s) for which relief is being sought and which achieves the same or more consistency with the architectural scale and style of other structures in the immediate area; and

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; and

2.3.6.4. The benefit to the town and the neighborhood outweigh the adverse effects of the proposed structure, taking into account the characteristics of the site and of the proposal in relation to that site, including consideration of the items set forth in Sections 5.3.2.1. through 5.3.2.6., inclusive; and

2.3.6.5. The resulting structure will not exceed a dimensional requirement by up to twenty (20%) percent of the underlying minimum yard setback requirement, up to ten (10%) percent of the underlying lot coverage or height requirement and up to fifty (50%) percent of the underlying minimum open space requirement (for example, without limitation, where the underlying dimensional requirement allows a maximum lot coverage of twenty-five (25%) percent, a dimensional special permit may only be issued to allow up to a twenty-seven and one-half (27.5%) percent maximum lot coverage; where the underlying dimensional requirement allows a minimum side yard setback of fifteen (15) feet, a dimensional special permit may only be issued to reduce the minimum side yard setback to twelve (12) feet; where the underlying dimensional requirement allows a maximum height of thirty-five (35) feet, a dimensional special permit may only be issued to increase the maximum height to thirty eight and one-half (38.5) feet, where the underlying minimum open space requirement is twenty-five (25%) percent, a dimensional special permit may only be issued to decrease the minimum open space to twelve and one-half (12.5%) percent, etc.). The percentage limitations contained in this Section 2.3.6.5. shall not apply to (i) any project described in an application for a dimensional special permit pursuant to Section 2.3.6.0. that was filed with the Town Clerk prior to April 13, 2009, or (ii) any request for a dimensional special permit pursuant to Section 2.3.6.0. for relief from a minimum yard setback requirement, which request does not seek to extend the footprint of the structure any closer to the relevant lot line than currently exists, but which instead seeks to permit an addition to the structure that is proposed to be located the same or greater distance from the relevant lot line as the existing footprint of the structure.

2.3.7.0. Height of Buildings. The provisions governing the height of buildings shall not apply to chimneys, cooling towers, elevator bulkheads, non-mechanical ventilators, and other necessary appurtenant features usually carried above roofs. 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. Except as otherwise expressly permitted under this By-Law, 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 five (5) feet from the line of the foundation wall, 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.

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. See Appendix B, Figure 7.
The minimum distance between multi-family buildings shall be forty (40) feet.
Where a lot in a B-3 or I District abuts a residential district, the side yard setback for uses other than a single or two-family dwelling for the lot located in the B-3 or I District shall be 40 feet along the common boundary of such lot and the residential district. Where a lot in a B-2 District abuts a residential district, the side yard setback for uses other than a single or two-family dwelling for the lot located in the B-2 District shall be 30 feet along the common boundary of such lot and the residential district. Where a lot in a B-1 District abuts a residential district, the side yard setback for uses other than a single or two-family dwelling for the lot located in the B-1 District shall be 20 feet along the common boundary of such lot and the residential district.
Where a lot in a B-3 or I District abuts a residential district, the rear yard setback for uses other than a single or two-family dwelling for the lot located in the B-3 or I District shall be 40 feet along the common boundary of such lot and the residential district. Where a lot in a B-2 District abuts a residential district, the rear yard setback for uses other than a single or two-family dwelling for the lot located in the B-2 District shall be 30 feet along the common boundary of such lot and the residential district. Where a lot in a B-1 District abuts a residential district, the rear yard setback for uses other than a single or two-family dwelling for the lot located in the B-1 District shall be 20 feet along the common boundary of such lot and the residential district.
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.
No yard, court, or other open space required for a building in the B-3 and I Districts may be counted as open space for or occupied by another building.
Planned Development Districts. For dimensional regulations in a Planned Development District, see Section 4.5.3.0. and the Table of PDD Dimensional Regulations.

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Town of Swampscott 22 Monument Avenue, Swampscott MA 01907
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