Town of Newbury, MA REGULATIONS OF USE DISTRICTS

Restrictions.

In all zones where allowed, except for shopping centers, farms, industrial complexes, community facilities, and public utilities, only one principal structure shall be permitted on each separate lot.

(2)

Except as provided in the Zoning Act or this By-Law, no building, structure or land shall be used, constructed, erected, placed, or converted, in whole or in part, for any purpose or in any manner other than for one or more of the uses set forth in § 97-3. However, any use not listed but similar in character may be permitted by special permit granted by the Zoning Board of Appeals. Exceptions: These regulations shall not prohibit, regulate, or restrict the use of land, buildings, or structures for religious purposes or for educational purposes on land owned or leased by the Commonwealth of Massachusetts or any of its agencies, subdivisions, or bodies politic, or by a religious sect or denomination, or by a non-profit educational corporation.

(3)

Uses permitted by right or by special permit shall be subject, in addition to use regulations, to all other applicable provisions of this By-Law.

B.

Table of Use Regulations. For Use Regulations for all districts see the Table of Use Regulations on the accompanying pages which is declared to be part of this By-Law. In addition, see District Specific Applicable Regulations below.

C.

Agricultural — Residential District.

[Amended 5-21-2013 ATM, Art. 26; 4-23-2019 ATM, Art. 23]

(1)

District Specific Applicable Regulations:

(a)

Uses by Special Permit: In appropriate cases and subject to appropriate conditions, safeguards and limitations on time or use, the Board of Selectmen, the Planning Board, or the Zoning Board of Appeals, as designated in § 97-3.M. Table of Use Regulations (97 Attachment 4 – Town of Newbury TABLE OF USE REGULATIONS), may grant an applicant a special permit to make use of the land or erect and maintain buildings or other structures thereon in accordance with the provisions of Chapter 40A, Section 9 of General Laws, if such use, buildings or other structures are in harmony with the general purpose and intent of this By-Law and with the provisions stipulated in § 97-11.C.(1) for the purpose of uses listed in § 97-3.M. Table of Use Regulations (97 Attachment 4) as allowed by Special Permit, provided that the designated Special Permit Granting Authority (SPGA) finds, after a Public Hearing of which due notice is given to any party in interest as defined in Section 11 of Chapter 40A of the General Laws, that the proposed use, building or structure is for the best interest of the Town, is not injurious or obnoxious to the neighboring properties, will satisfy a community need or convenience not otherwise being served, will not affect abutting and nearby properties by increasing traffic and on-street parking, and that nothing connected with the use, buildings or structure, such as machinery, vehicles, material, supplies, equipment and waste materials shall be stored between the street line and the front line of the structure or building, nor be visible from the street.

D.

Parker River Residential.

(1)

District Specific Applicable Regulations:

(a)

Any structure constructed within the Parker River Residential District shall comply with all provisions required for lots within the Agricultural/Residential Use District;

(b)

Notwithstanding any provision of this By-Law to the contrary, any piece or parcel of land, lying within the Parker River Residential District designated as a separate tax lot on the Tax Map of the Town of Newbury (available in the Town Clerk's office) as of March 11, 1997, the date of enactment of § 97-3.D.(1)(a) above, and upon which one single one family residence and such structures normally accessory to such single one family residence exist as of March 11, 1997, the date of the enactment of § 97-3.D.(1)(a), shall nevertheless be deemed to comply with the provisions of the Zoning By-Laws so long as such single one family residence remains on such lot.

E.

Residential — Limited Business.

(1)

District Specific Applicable Regulations: Limited Business uses shall be defined as auto body repair shop, glass sales and repair shop, business or professional office, provided that:

(a)

None of the contiguous lots shall be used for a limited business use as defined;

(b)

Not more than five (5) persons are regularly employed thereon;

(c)

No offensive noise, odors, glare or unsightliness is produced;

(d)

No public display of goods or wares, except for such signs as are permitted;

(e)

No outside storage of junk vehicles shall be permitted;

(f)

Exterior storage of materials, and equipment (including goods and automobiles to be repaired), shall be screened from view from the street or abutting residential uses by a six (6) foot high opaque fence or six (6) foot high landscaping strip of densely planted evergreen trees;

(g)

Off-street parking facilities must be provided to accommodate customers and employees in connection with any permitted use;

(h)

Hours of operation shall be limited to 8:00 A.M. to 5:00 P.M. Monday through Saturday. No hours of operation on Sunday.

F.

Byfield Village Business.

[Amended 5-22-2012 ATM, Art. 22]

(1)

District Specific Applicable Regulations:

(a)

Building materials and style should be in keeping with the historic and rural character of the area. Dumpsters and other storage shall be fenced or otherwise out of view;

(b)

In the case of non-residential uses, every effort shall be made to retain and protect existing trees, shrubs, and other landscaping on a site. A three (3) foot wide (minimum) landscaping strip shall be provided along the foundation walls of each building. A five (5) foot strip of densely planted green space shall be provided on all property boundaries. In cases where a business abuts a residential property, this buffer must be a minimum of ten (10) feet;

(c)

These regulations are intended to preserve the historical and rural character of the area while allowing business enterprises that serve the needs of the local residents;

(d)

No use shall be allowed which may produce a nuisance or hazard from fire or explosion, toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapors, harmful radioactivity, offensive noise or vibration, or other activity that may adversely affect or impair the normal use and peaceful enjoyment of any property, structure or dwelling in the neighborhood, contaminate ground water, pollute streams or other atmospheric pollutant beyond the lot on which such use is conducted.

G.

Commercial Highway.

(1)

District Specific Applicable Regulations:

(a)

Uses by Special Permit: Non-profit recreational facility and/or Recreational facilities for gainful business are allowed only by special permit from the Board of Selectmen according to the provisions of Chapter 40A, Section 9, of the General Laws, provided the Selectmen find, after a Public Hearing of which due notice is given, that the proposed recreational use, building or structure is: For the best interest of the Town; is not injurious or obnoxious to the neighboring properties and will not adversely affect the surrounding area; will satisfy a community need or convenience not otherwise being served; that the parking, loading and dimensional control requirements of this ordinance are met; and that the recreation business is in the interest of the common good. The plan must be reviewed and a recommendation made to the Board of Selectmen by the Planning Board, the Board of Fire Engineers, Public Safety, and the Board of Health;

H.

Commercial Highway — A.

(1)

District Specific Applicable Regulations: No activity shall be allowed which includes:

(a)

Storage of petroleum or petroleum products, including without limitation, gasoline, waste oil, heating oils, diesel fuel and other liquid hydrocarbons, except within buildings which the product will heat and in quantities for normal use in the facility in which it is kept;

(b)

Storage of road salt or other deicing chemicals in quantities greater than that necessary for normal use at that facility;

(c)

Manufacture, use, storage or disposal of toxic or hazardous materials;

(d)

Storage or disposal of hazardous wastes, including, without limitation, chemical wastes, radioactive wastes, and waste oil;

(e)

Industrial uses which discharge process liquids on site;

(f)

Disposal of liquid or leachable wastes, except normal nonprocess sewage wastes discharged through sewage disposal systems in compliance with Title V;

(g)

Uses by Special Permit: Non-profit recreational facility and/or Recreational facilities for gainful business are allowed only by special permit from the Board of Selectmen according to the provisions of Chapter 40A, Section 9, of the General Laws, provided the Selectmen find, after a Public Hearing of which due notice is given, that the proposed recreational use, building or structure is: For the best interest of the Town; is not injurious or obnoxious to the neighboring properties and will not adversely affect the surrounding area; will satisfy a community need or convenience not otherwise being served; that the parking, loading and dimensional control requirements of this ordinance are met; and that the recreation business is in the interest of the common good. The plan must be reviewed and a recommendation made to the Board of Selectmen by the Planning Board, the Board of Fire Engineers, Public Safety, and the Board of Health.

I.

Light Industrial Byfield.

[Amended 5-22-2012 ATM, Art. 21]

(1)

Purpose and Intent: The purpose of the Light Industrial Byfield District is to preserve historic buildings and provide for their use in ways that are respectful of the Parker River and abutting residential properties.

(2)

District Specific Applicable Regulations: No business or industry shall be located which would be detrimental or offensive or tend to reduce property values in the same or adjacent districts, by reason of dirt, odor, fumes, smoke, gas, sewerage, refuse, noise, excessive vibration or danger of explosion or fire.

J.

Upper Green Business.

(1)

District Specific Applicable Regulations:

(a)

Building materials and style shall be in keeping with the historic and rural character of the area. Dumpsters and other storage shall be fenced or otherwise out of view;

(b)

The surrounding area shall be protected from the proposed use on the site by provision of adequate surface water drainage, buffers against light, sight, sound, vibration, odors, dust and other air pollution and the preservation of adequate light and air;

(c)

The convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent areas and public ways shall be provided for;

(d)

Environmental features of the site and surrounding areas shall be protected;

(e)

The site plan shall be consistent with the Master Plan;

(f)

The proposed building scale and/or site development plan is consistent with the surrounding neighborhood;

(g)

All signs shall be in accordance with the sign regulations for the pertinent district and materials used shall be in keeping with the historic character and public spaces of the Upper Green;

(h)

All variances or special permits required from the Board of Appeals have been granted;

(i)

These regulations are intended to preserve the historical and rural character of the area while allowing business enterprises that serve the needs of the local residents;

(j)

No use shall be allowed which may produce a nuisance or hazard from fire or explosion, toxic or corrosive fumes, gas, smoke, odors, obnoxious dust or vapors, harmful radioactivity, offensive noise or vibration, or other activity that may adversely affect or impair the normal use and peaceful enjoyment of any property, structure or dwelling in the neighborhood, contaminate ground water, pollute streams or other atmospheric pollutant beyond the lot on which such use is conducted;

(k)

Notwithstanding the above, regulation of uses and structures referred to in G.L. c. 40A, § 3 (exemptions from zoning) shall be limited to the extent allowed under said section of the General Laws.

K.

Business and Light Industrial.

(1)

Purpose and Intent: The Business and Light Industrial District is intended as an area for retail and service businesses, for professional offices and services, and for assembly and light manufacturing uses consistent with the Town's current Master Plan.

(2)

District Specific Applicable Regulations:

(a)

No business or industry shall be located which would be detrimental or offensive or tend to reduce property values in the same or adjacent districts, by reason of dirt, odor, fumes, smoke gas, sewerage, refuse, noise, excessive vibration or danger of explosion or fire.

L.

Parker River Marine.

[Added 5-22-2012 ATM, Art. 21]

(1)

Purpose and Intent: The Parker River Marine District is intended as an area for marine-related activities, including retail and service businesses, professional offices and services, and assembly and light manufacturing uses.

(3)

District Specific Applicable Regulations: No business or industry shall be located which would be detrimental or offensive or tend to reduce property values in the same or adjacent districts, by reason of dirt, odor, fumes, smoke, gas, sewerage, refuse, noise, excessive vibration or danger of explosion or fire.

M.

Table of Use Regulations:[1]

[Amended 5-21-2013 ATM, Art. 26]

(1)

The Table of Use Regulations on the accompanying pages is a part of this By-Law. Mixed uses shall be allowed provided that each principal use is separately allowed in a particular district in the Table of Use Regulations.

(2)

Permitted Uses: In the following Table of Use Regulations, the uses permitted by right in the district are designated by the letter “P”. Those uses that may be permitted by special permit in accordance with conditions, safeguards, and limitations of the Zoning Act and this By-Law are designated as follows by the appropriate special permit granting authority:

	SP – special permit of the Planning Board
	SPS – special permit of the Board of Selectmen
	SPA – special permit of the Zoning Board of Appeals

Uses designated "NP" shall not be permitted in the district.

(3)

Uses Subject to Other Regulations: Uses permitted by right or by special permit shall be subject, in addition to use regulations, to all other applicable provisions of this By-Law.

(4)

Identification of Districts: In the following Table of Use Regulations the Town of Newbury’s Use Districts are identified by the following abbreviations, in accordance with § 97-2.A.:

[Amended 5-22-2012 ATM, Arts. 21, 22]

	R-AG	Agricultural Residential
	PR	Parker River Residential
	R-LB	Residential-Limited Business
	BVB	Byfield Village Business
	CH	Commercial Highway
	CHA	Commercial Highway A
	LIB	Light Industrial Byfield
	UGB	Upper Green Business
	BLI	Business and Light Industrial
	PRM	Parker River Marine

[1]

Editor's Note: The Table of Use Regulations is included at the end of this chapter.