223 Derby St 223-31 Salem, MA 01970-5127

Applicability to Central Business (B5) Zoning District: For projects in the Central Business (B5) District, this Section 8.9 shall be applicable upon approval by the Executive Office of Housing and Livable Communities of a district compliance application that includes the C-ROD district in the compliance model of the application. 8.9.4 Limitation on Uses Below SLR BFE. Residential dwelling units, building mechanical uses, and building electrical service uses shall be located above the SLR BFE except as allowed in the list below and subject to Section 8.9.7, C-ROD Site Plan Review: 1. Residential access and vertical circulation (including lobbies, stairs, and similar spaces) 2. Residential storage 3. Residential Multifamily Common Support and Amenity Space 4. Parking 5. All non-residential uses 6. Building Mechanical Uses and Electrical Service Uses that Cannot Practically Be Located Above SLR BFE, as defined in Section 8.9.25. 8.9.5 Exemptions. The following are exempt from the provisions of the C-ROD. 1. Modification of an existing building where, within a 24-month period, Level 2 Alteration neither exceeds fifty (50) percent of the aggregate building area below the SLR BFE nor seventy-five (75) percent of the aggregate building area above the SLR BFE. Aggregate building area shall be as defined in the Massachusetts State Building Code. 2. New construction or modification of existing structures that do not meet the definition of "Building" per Section 10 of the Zoning Ordinance. 3. Portions of an existing building under separate ownership from a portion of the building where work subject to this Section is proposed to occur. For example, work in one (1) condominium may not trigger the ordinance's applicability to a separately owned condominium in the same building where work is not proposed. 4. When a modification of an existing building is subject to this ordinance, Building Mechanical Uses and Building Electrical Uses not being reconfigured or extended may remain below the SLR BFE. 8.9.6 Relief from Dimensional Requirements. Where the Project is subject to this C-ROD Ordinance, the design shall adhere to the following provisions: 1. Building Height: Irrespective of Sections 10.0 and 4.1,2.6 of the Salem Zoning Ordinance, Building Height shall be measured starting from the SLR BFE for Projects subject to this Section. 2.