Interim Overlay District

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BYLAW: Interim Overlay District By-law.

MUNICIPALITY: Everett, Massachusetts

PURPOSE:
1.To provide for the controlled and most appropriate development of
the designated area during the period of time required to study and
modify the Everett Building Zone Ordinance.
2. To ensure that the area is developed so that it will not adversely
affect traffic circulation, traffic safety or pedestrian safety.
3. To ensure that public utilities will be adequate to service the
area.
4. To ensure that the development of the area does not adversely
affect residential areas in close proximity.

(B) Interim overlay district boundaries

The interim overlay district shall be bounded as follows:

Starting at the northeast corner of the intersection of the Boston
and Maine Railroad right-of-way and Broadway and extending southerly
along the west side of Broadway to the southeast corner of the
intersection of Broadway and Chemical Lane and extending along the
northerly side of Chemical Lane 300 feet from the westerly side of
Broadway, then on a line northerly to the easterly side of Charlton
Street, then northerly along Charlton Street to the intersection of
the Boston and Maine Railroad right-of-way, then along the Boston and
Maine Railroad right-of-way to Broadway.

( C) Regulations

1. The Interim Overlay District shall be in effect for a period of
five (5) years from the date of adoption.

2. The effective period of the Interim Overlay District may be
extended by a two-thirds (2/3) vote of the Aldermen and City Council,
but under no circumstances may the total period of extension exceed
two (2) years.

3. No building permit shall be issued within the Interim Overlay
District without site plan approval by the Planning Board in
accordance with section 19 of the Everett Building Zone Ordinance.

(D) Use restrictions

A building permit shall not be issued for any of the following uses within
the interim overlay district:

1. Power, gas or fuel generating facilities.

2. Open lot storage, handling or hauling of used materials including,
but not limited to building materials, metal, junk, scrap, paper,
rags or motor vehicles.

3. Industrial operations, either outside or inside the building,
which produce outside noxious odors, smoke, steam, or other
emissions, or which produce industrial noise or require excessive use
of large trucks or trailers or the transfer of large amounts of
industrial materials.

4. Open lot or enclosed storage of coal, coke, sand or similar
materials.

5. Service stations, auto, truck or bus repair, and auto, bus or
truck body repair, car washes, automobile, truck or bus service,
motor freight terminal, truck showrooms or agencies for the sale of
new or used trucks.

6. Storage and sale of building materials or machinery.

7. Manufacture, assembly, processing, packaging or other industrial
operations associated with medium to heavy industry which involves
machining, welding, shearing, forging, stamping or similar
operations.

(E) Dimensional requirements

No building within the overlay district may be located closer than thirty
(30) feet to the street lot line at the closest point.

Exception: Any lot whose least depth measures not more than one hundred
fifty (150) feet measured perpendicular to the Broadway street line may
deduct six (6) inches from the thirty (30) foot distance required by
section (H), 1., for every foot that it is less than one hundred fifty
(150) feet in depth measured perpendicular to the Broadway street line,
providing, however, that no building may be located closer than twenty (20)
feet from the Broadway street line.

(F) Landscaping requirements

There shall be an area of landscaping along the front and side lot lines as
follows:

1. Along the street lot line there shall be an area of landscaping at
least ten (10) feet in width.

2. Along the side lot lines there shall be an area of landscaping at
least five (5) feet wide.

(G) Landscaping standards

Landscaping required for compliance with the provisions of the overlay
district shall consist of trees and/or shrubs at least three (3) feet in
height when planted, over at least sixty (60) percent of the landscaped
area. The remaining forty (40) percent may be planted at any height.

(H) Parking requirements

The following provisions shall regulate parking within the overlay district
in addition to any other provisions of this ordinance:

1. There shall be no parking allowed within the thirty (30) foot
distance required by section (e) above.

Exception: Where landscaping in accordance with these provisions is
provided which is at least twenty (20) feet in width along the street
lot line, then a single line of parking spaces may be located between
the building and the landscaping, arranged head in, at an angle or
parallel to the building, with the total number of such spaces not to
exceed fifteen (15) percent of the total required parking.

2. All required parking, except as provided above, shall be located
at least fifty (50) feet back from the street lot line.

Exception: Where there is at least five (5) square feet of
landscaping provided, in accordance with section (g) above, evenly
distributed throughout the parking area, for each required parking
space, the parking may be located within thirty (30) feet of the
street lot line, except as provided in paragraph (h) 1. above.

(I) Sign requirements

Signs within the overlay district shall be limited to those allowed below
and shall be subject to the following provisions:

1. Wall signs: Individual wall signs identifying on-site tenants
shall not exceed one hundred twenty (120) square feet in area on any
wall and the total area of all wall signs on a building shall not
exceed three hundred and sixty (360) square feet in area.

2. Free standing signs: Free standing signs identifying on-site
tenants shall be not more than a total of twenty-four (24) square
feet in area, shall be set back at least ten (10) feet
from any lot line, and the total height above grade shall not exceed
four (4) feet.

3. Sign restrictions:

a. No sign within the overlay district shall have moving parts or
flashing or alternating lighting.

b. No sign shall be attached to or located above any roof surface.

4. Accessory signs:

Accessory signs required to provide directions or information shall
not exceed six (6) square feet in area and may be located on walls or
at grade, in accordance with the provisions of this section.

(J) Exemptions

The following shall be exempt from the application of this section:

1. Repairs to existing structures.

2. Reconstruction in accordance with the building zone ordinance of
any structure damaged by casualty.

3. Any plan which received, prior to the date of adoption of this
section, preliminary subdivision approval from the planning board
and/or for which an application for a special permit or variance was
filed, provided that such special permit or variance is granted by
the zoning board of appeals as the result of such application.

4. Construction or renovation of any dwelling units subsidized by the
federal or state government for low or moderate income persons
including the state chapter 667 program for the elderly, the state
chapter 689 program for disabled persons, the state chapter 705
programs for families, the State Housing Assistance for Rental
Production (SHARP) Program, the State Tax Exempt Local Loans to
Encourage Rental Housing (TELLER) Program, the State Home Ownership
Opportunity Program, and any other federal, state, county or
municipal programs which may be utilized for the production of, or
restoration of housing for low or moderate income persons under the
provisions of chapter 121B of the Massachusetts General Laws or other
statute, regulation or by-law.

(K) Severability

If any provisions of Section 18 is determined to be unenforceable or
is found to be in conflict with State or Federal law, then that
provision shall be severed from this Section and the remaining portions
shall remain in full force.