A.
Enforcement.
(1)
Authority to enforce. This By-Law shall be enforced by the Selectmen
or a Building Inspector appointed by them. No building shall be built
or altered and the use of a building shall not be changed without
a permit having been issued by the Selectmen or the Building Inspector.
Any person violating any of the provisions of the By-Law may be fined
not more than $100.00 dollars for each offense. Each day that such
violation continues shall constitute a separate offense.
B.
Zoning Board of Appeals.
(1)
Establishment. There is hereby established a Zoning Board of Appeals
of 3 members and 2 associate members to be appointed by the Selectmen,
such 3 members to be appointed for terms of such length and so arranged
so that the term of 1 member shall expire in each year. Such Board
shall act on all matters within its jurisdiction under this By-Law
and under Chapter 40A of the General Laws in the manner prescribed
in said Chapter 40A. Said Zoning Board of Appeals shall not be authorized
to appoint a Zoning Administration under the provisions of Section
13 of said Chapter 40A or under the provisions of any other applicable
law.
C.
Special Permit Procedures — Public Hearing.
[Amended 4-24-2001 ATM, Art. 27]
(1)
Procedures. Any special permit which shall hereafter be issued under
this By-Law, whether by the Selectmen, by the Planning Board, or by
the Zoning Board of Appeals, shall be issued only following a public
hearing held within 65 days after the filing of a petition or application
with said Selectmen, Planning Board, or Zoning Board of Appeals, as
appropriate, and provided that said applicant and/or petitioner has
furnished written notice by U.S. Mail, certified or registered, not
less than 21 days prior to said public hearing to all adjoining owners-abutters
and furnished evidence of such written notice to the Selectmen, Planning
Board, or Zoning Board of Appeals, as appropriate, a copy of which
petition or application shall forthwith be given to the Town Clerk
by the applicant. Any special permit granted under this By-Law shall
lapse 2 years from the date of the granting of such permit (including
time required to pursue or await the determination of an appeal from
the grant thereof) if a substantial use thereof has not sooner commenced,
or, in the case of a permit for construction, if such construction
has not begun by such date, unless such failure is for good cause.
Uses, whether or not on the same parcel as activities permitted as
a matter of right, accessory to activities permitted as a matter of
right, which activities 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 Selectmen providing the
Selectmen find that the proposed accessory use does not substantially
derogate from the public good. Petitions or applications for special
permits under the By-Law shall be submitted to and reviewed by the
following (such reviews may be held either jointly or severally):
the Board of Health, the Planning Board, the Conservation Commission
and any other Board or Commission of the Town to which petition or
application to be submitted for review. Any such Board or Commission
to which petitions or applications are referred for review shall make
such recommendations as they deem appropriate and shall send copies
thereof to the Selectmen, Planning Board, or zoning Board of Appeals,
as applicable, and to the applicant; provided, however, that failure
of any such Board or Commission to make recommendations within 35
days of receipt by such Board or Commission of the petition or application
shall be deemed lack of opposition thereto.
(2)
Granting Authority. When a five-member Planning Board has been designated
as the special permit-granting authority, one associate member may
be authorized for a one-year term. The Board of Selectmen shall authorize/appoint
the associate member who, upon the designation of the Chairman of
the Planning Board, shall sit on the Board for the purposes of acting
on a special permit application in the case of absence, inability
to act or conflict of interest on the part of any member or in the
event of a vacancy on the Board.
[Added 4-22-2003 ATM, Art. 8]
D.
Definitions.
(1)
General.
(a)
For the purposes of this bylaw, the following words and phrases shall have the following meanings, except that terms (including without limitation, appurtenant structure, base flood, development, flood, flooding, flood elevation determination, flood-prone area, flood-proofing mean sea level, mobile home, new construction, regulatory floodway, sand dunes, structure, substantial improvement and water surface elevation) used in Section 97-4E of this By-Law, including all sections thereof inclusive shall be as set forth in Section 1909.1, Subchapter B of Chapter X of Title 24 of the Code of Federal Regulations, a copy of which Section 1909.1 shall be kept on file with the Town Clerk, the Planning Board and the Building Inspector.
(2)
Written Definitions.
|
Accessory Apartment: one dwelling
unit associated with a single-family dwelling which is subordinate
to the principal unit.
| ||
|
Accessory Structure: A structure
which houses or is being used for something other than an allowed
principal use.
| ||
|
Adult Arcade: an establishment
or portion thereof where, for any form of consideration, one or more
still or motion picture projectors, slide projectors, or similar machines,
or other image producing machines, for viewing by five (5) or fewer
persons each, are used to show films, motion pictures, video cassettes,
computer displays, slides, or other photographic reproductions which
are characterized by the depiction or description of "Specified Sexual
Activities" or "Specified Anatomical Areas."
| ||
|
Adult Bookstore, Adult Novelty Store Or Adult
Video Store: a commercial establishment which has
as a substantial portion of its stock in trade or a substantial portion
of its revenues or devotes a substantial portion of its interior business
or advertising to the sale, rental or viewing for any form of consideration,
of any one or more of the following: books, magazines, periodicals
or other printed matter, or photographs, films, motion pictures, video
cassettes, slides, computer software or other visual representations
which are characterized by the depiction or description of "Specified
Sexual Activities" or "Specified Anatomical Areas"; or instruments,
devices or paraphernalia which are designed for use in connection
with "Specified Sexual Activities."
| ||
|
Adult Cabaret: a nightclub, bar,
restaurant, bottle club, or similar commercial establishment, whether
or not alcoholic beverages are served, which features: a, persons
who appear semi-nude, b. live performances which are characterized
by the exposure of "Specified Anatomical Areas" or by "Specified Sexual
Activities"; or c, films, motion pictures, video cassettes. Computer
software, slides, or other photographic reproductions which are characterized
by the depiction or description of "Specified Sexual Activities" or
"Specified Anatomical Areas."
| ||
|
Adult Dance Club: an establishment
which, as its principal form of entertainment, permits a person or
persons to perform in a state of nudity as defined in M.G.L. ch 272
§ 31.
| ||
|
Adult Entertainment Business: shall
mean those businesses meeting one or more of the following definitions:
Adult Arcade, Adult Bookstore, Adult Novelty Store or Adult Video
Store, Adult Cabaret, Adult Dance Club, or Adult Theater.
| ||
|
Adult Theater: a theater, concert
hall, auditorium, or similar commercial establishment which, for any
form of consideration, regularly features persons who appear semi-nude
or live performances which are characterized by exposure of "Specified
Anatomical Areas" or by "Specified Sexual Activities"
| ||
|
Alteration: Any construction,
addition, or renovation to an existing structure, other than minor
repairs, that requires[1] a building permit. Also, a change in a mechanical, plumbing,
gas, or electrical system that involves an extension, addition, or
change to the arrangement, type, or purpose of the original installation
and that requires a permit.
[Added 5-26-2009 ATM, Art. 36; amended 5-19-2015 ATM by Art. 22] | ||
|
Animal Boarding Kennels: Facilities
primarily for boarding of pets for extended periods, at least overnight,
including care, feeding and grooming thereof.
[Added 5-24-2011 ATM, Art. 23] | ||
|
Aquifer: Geologic formation composed
of rock, sand, or gravel that contains significant amounts of potentially
recoverable water.
| ||
|
Assisted Living or Life Care: Residence
or facility licensed by the State to provide supervision or assistance
with activities of daily living (ADLs); coordination of services by
outside health care providers; and monitoring of resident activities
to help to ensure their health, safety, and well-being.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Basement: That portion of a building
that is partly or completely below grade (see "Story above Grade").
[Added 5-26-2009 ATM, Art. 36] | ||
|
Bedroom: shall mean a bedroom
as defined in 310 CMR 15.002 of the State Environmental Code.[2]
| ||
|
Building: A combination of any
materials, whether portable or fixed, having a roof, the purpose of
which is the shelter of persons, animals, property or processes. For
the purpose of this definition, "roof" shall include an awning or
any similar covering whether or not permanent in nature. The word
"building" shall be construed where the context allows as though followed
by the words "or parts thereof". Building includes open porches, open
breezeway and other roofed areas.
| ||
|
Building Supply Store: Building
for retail or wholesale sales of lumber, masonry supplies, roofing
materials or similar merchandise.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Bus Terminals/Railroad Terminals: Facilities intended for the boarding and discharge of passengers,
dispatch of buses as well as fueling and minor routine maintenance
such as oil changes for busses.[3]
[Added 5-24-2011 ATM, Art. 23] | ||
|
Child Care Facility: A child care
center or a school-aged child care program, as those terms are defined
in Massachusetts General Laws, Chapter 15D, Section 1A.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Commercial Parking Lot or Structure: Imperviously paved areas and open or enclosed buildings primarily
intended for the parking of passenger vehicles such as automobiles,
vans, pick-up trucks, etc. This does not include parking areas for
other approved uses.
[Added 5-24-2011 ATM, Art. 23] | ||
|
Common Wall: A wall or floor that
is connected, usable and heated on both sides of the existing dwelling.
| ||
|
Contractor's Yard: Office and
shop buildings for a construction company or landscape contractor,
including parking of equipment, and storage of materials. Bulk material
storage, such as sand, gravel, loam, etc., must be limited to thirty
(30) cubic yards of each material.
[Added 5-24-2011 ATM, Art. 23; amended 5-22-2012 ATM, Art. 20] | ||
|
Convenience Stores: Retail establishment
that sells food, liquor, other beverages, "over the counter" drugs,
household supplies, tobacco products, lottery tickets and/or sundries.
[Added 5-24-2011 ATM, Art. 23] | ||
|
Dwelling, Multi-Family: A building
providing three or more dwelling units.
[Added 5-26-2009 ATM, Art. 36] | ||
|
Dwelling Unit: a single unit providing
complete, independent living facilities for one (1) or more persons
including permanent provision for living, sleeping, eating, cooking
and sanitation.[4]
| ||
|
Feed Store: A retail store catering
to pet owners and small farmers, selling pet and livestock feeds in
bags or containers, rather than in bulk, along with associated products.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Fence: Any structure constructed
of wood, metal, wire mesh, or masonry erected for the purpose of screening
one property from another either to assure privacy or to protect the
property screened. For the purpose of this By-Law, a masonry wall
is considered to be a fence.
[Added 5-25-2010 ATM, Art. 16] | ||
|
Finding: shall mean a finding
by the Zoning Board of Appeals, pursuant to G.L. c. 40A, s. 6, that
the proposed alteration to a nonconforming structure or use shall
not be substantially more detrimental than the existing nonconforming
structure or use to the neighborhood or the PIOD.
| ||
|
Flicker: Alternating light and
shadow caused by sunlight passing through the moving rotor of a wind
turbine.
[Added 5-26-2009 ATM, Art. 33] | ||
|
Floor Area, Gross: shall mean
the total square feet of floor space under a roof within the outside
dimensions of a building including each floor level, without deduction
for hallways, stairs, closets, thickness of walls, columns, or other
features. Unfinished attics and suspended basements outside the thermal
envelope shall not be counted as gross floor area.
[Amended 5-19-2015 ATM
by Art. 22] | ||
|
Floor Area Ratio (FAR): shall
be construed as a mathematical expression determined by dividing total
gross floor area of a building by the area of the lot on which it
is located. For example, a lot with 12,000 square feet in a district
with a maximum FAR of .25 could contain no more than 3,000 square
feet of gross floor area (12,000 X .25 = 3,000).
| ||
|
Footprint: shall mean the total
square feet within the outermost dimensions of a structure and/or
building including decks, porches, and staircases, without deduction
for hallways, stairs, closets, thickness of walls, columns, or other
features.
[Amended 5-26-2009 ATM, Art. 36] | ||
|
Grade Plane: A reference plane
representing the average of finished ground level adjoining the building
at exterior walls. Where the finished ground level slopes away from
the exterior walls, the reference plane shall be established by the
lowest points within the area between the building and the lot line
or, where the lot line is more than six feet (1829 mm) from the building,
between the building and a point six feet (1829 mm) from the building.
[Added 5-26-2009 ATM, Art. 36] | ||
|
Groundwater: All water found beneath
the surface of the ground in a saturated zone.
| ||
|
Hazardous Material Storage: Storage
of all substances defined as toxic or hazardous under Massachusetts
General Laws. Chapters 21C and 21E, and 310 CMR 30.00; as well as
such products as solvents and thinners in quantities greater than
those associated with normal household use.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Height, Building: The dimension
in feet as measured from the mean level of the established grade at
the building to the mean height of the highest roof.
[Amended 5-26-2009 ATM, Art. 36] | ||
|
Height, Wind Turbine: The distance
from the average grade at the base of the tower (or structure to which
it is attached) to the tip of the rotor blade at its highest point,
or blade-tip height.
[Added 5-26-2009 ATM, Art. 33] | ||
|
Heliports: Facilities for landing
and takeoff of rotary wing aircraft, as well as facilities for aircraft
fueling and maintenance, and air traffic control.
[Added 5-24-2011 ATM, Art. 23] | ||
|
Hospital and Medical Center: An
institution that provides medical, surgical, or psychiatric care and
treatment for the sick or the injured; may also include related services
for in-patient and/or out-patient medical, surgical, or psychiatric
care.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Impervious Material: Material
or structure on, above, or below the ground that does not allow precipitation
or surface water to penetrate into soil.
| ||
|
Light Manufacturing: Facilities
engaged in the transformation of materials, predominantly from previously
prepared materials, or finished products or parts, including processing,
fabrication, assembly, treatment, packaging incidental storage and
distribution of such products.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Lot: Any piece of land used or
designed for use as the location of a residence or building.
| ||
|
Lot Coverage, Maximum: shall be
determined by dividing the sum of all structure footprints by the
area of the lot on which they are located.
[Amended 5-26-2009 ATM, Art. 36] | ||
|
Manufacturing: Facilities engaged
in the mechanical or chemical transformation of materials or substances
into new products, including the assembly of component parts, the
fabrication of products, treatment of articles or merchandise, and
the blending of materials such as lubricating oils, plastics, resins
or liquors.
[Added 5-24-2011 ATM, Art. 23] | ||
|
Mining: The removal or relocation
of geologic materials such as topsoil, sand, gravel, metallic ores,
or bedrock.
| ||
|
Mining or Quarrying: Removal and/or
processing of earth products such as stone, gravel, sand, topsoil
or mineral ores. Processing shall include crushing, screening, intraplant
conveying, washing and storage of products. Concrete and asphalt batch
and mixing plants are included in this use.
[Added 5-24-2011 ATM, Art. 23] | ||
|
Mini-Storage Warehouses: A building
consisting of individual, small, self-contained units that are leased
or owned for the storage of business and household goods or contractors
supplies.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Mixed Use Structure: A building
which contains nonresidential or hotel uses on the first floor and
may contain such uses on any other floor and also may contain one
(1) or more residential units on any other floor.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Mobile Home or House Trailer: A
dwelling or residence designed as year-round living quarters, whether
so used or not, and built on a chassis to be moved from site to site,
whether used with or without a foundation.
[Amended 5-25-2010 ATM, Art. 16] | ||
|
Museum: An institution devoted
to the procurement, care, study, and the public display of objects
of lasting interest or value.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Nacelle: The frame and housing
at the top of the tower that encloses the gearbox and generator and
protects them from the weather.
[Added 5-26-2009 ATM, Art. 33] | ||
|
Non-Profit Recreational Facility: Recreational facility- a playground, ball field, gym or swimming
pool or structure for other recreational pursuits, operated by a not-for-profit
entity.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Nursing Home: An extended or intermediate
care facility licensed or approved to provide full-time convalescent
or chronic care to individuals who, by reason of advanced age, chronic
illness or infirmity, are unable to care for themselves.
[Added 5-24-2011 ATM, Art. 23; amended 5-22-2012 ATM, Art. 20] | ||
|
On-Site Wind Facility: A wind
project which is located at a commercial, industrial, agricultural,
institutional, or public facility that will consume more than 50%
of the electricity generated annually by the project on-site.
[Added 5-26-2009 ATM, Art. 33] | ||
|
Open Storage: Storage of raw materials,
finished goods and equipment or household goods, appliances and products,
or the like, which are open to view from a public right of way.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Performing Arts Center. A multi-use
performance space that is intended for use by various types of the
performing arts, including dance, music and theatre.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Permit Granting Authority: For
the purpose of this By-Law, the Permit Granting Authority shall be
the Zoning Board of Appeals of the Town of Newbury.
| ||
|
Rated Nameplate Capacity: The
maximum rated output of electric power production equipment. This
output is typically specified by the manufacturer with a “nameplate”
on the equipment.
[Added 5-26-2009 ATM, Art. 33] | ||
|
Open Storage of Raw Materials, Etc.: Storage of products, other than products of a mining operation (such
as stone, crushed stone, gravel, sand and loam) in the open air, not
inside a building. This does not include storage of small quantities
of materials incidental to other permitted uses.
[Added 5-24-2011 ATM, Art. 23] | ||
|
Pet Daycare: Daytime care of pets
including washing and grooming, without overnight care.
[Added 5-24-2011 ATM, Art. 23] | ||
|
Recharge Areas: Areas that collect
precipitation or surface water and transmit it to aquifers. Recharge
areas may include areas designated as Zone I, Zone II, or Zone III.
| ||
|
Reconstruction: shall mean the
structural alteration of the existing building, but shall not include
the demolition and rebuilding thereof.
| ||
|
Rehabilitation Center: A facility
providing therapy and training for rehabilitation, to help their clients
regain skills needed to function. The center may offer occupational
therapy, physical therapy, vocational training, and special training
such as speech therapy.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Rehabilitation Residence: Residence
for persons recovering from treatment for alcohol and drug abuse.
[Added 5-24-2011 ATM, Art. 23] | ||
|
Residence: Any structure, fixed
or movable, designed for use as living quarters.
| ||
|
Residence, Single Family: A single
structure, fixed or movable, providing complete, independent living
facilities for one family.
| ||
|
Residence, Two Family: A single
structure, fixed or movable, providing complete, independent living
facilities for not more than two families.
| ||
|
Retail Establishment Selling General Merchandise: Retail establishment selling such items as shoes, clothing
and accessories, dry goods, household wares, appliances and equipment,
furniture, hardware, books, jewelry, gifts, sporting goods, stationery,
automotive parts and accessories.
[Added 5-24-2011 ATM, Art. 23] | ||
|
Retail/Service Kiosk Automated Teller Machines: Stand alone structures providing services or entertainment,
as opposed to products, to the general public including but not limited
to banking - including integrated ATMs, real estate and insurance,
and establishments providing personal services.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Rotor: The blades and hub of the
wind turbine that rotate during turbine operation.
[Added 5-26-2009 ATM, Art. 33] | ||
|
Sales by Vending Machines: Sales
by a machine that automatically dispenses consumer goods such as cigarettes,
food, or beverages when money is inserted.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Services to Industry: Service
companies including hazardous material spill clean-up firms, asbestos
removal firms, janitorial firms, and similar facilities.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Shopping/Business Center: A shopping/business
center with smaller shops/business uses, allowed by right or by special
permit, which is planned, constructed and managed as a total entity
and where no one retail and/or service use exceeds twenty-five thousand
(25,000) square feet and where the total gross square feet of the
principle structure shall not contain more than seventy thousand (70,000)
gross square feet.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Shopping Centers: Building complexes
under one ownership, consisting of multiple tenant retail spaces,
with on-site parking provided.
[Added 5-24-2011 ATM, Art. 23] | ||
|
Special Permit Granting Authority: For the purpose of this By- Law, the Special Permit Granting Authority
shall be the Board of Selectmen, the Planning Board, or the Zoning
Board of Appeals. [Amended 4-24-2001 ATM, Art. 27]
| ||
|
Specified Anatomical Areas: shall
include any of the following:
| ||
|
1)
|
Less than completely and opaquely covered human genitals, pubic
region, buttocks, anus, or female breasts below a point immediately
above the top of the areolae; or
| |
|
2)
|
human male genitals in a discernibly turgid state, even if completely
and opaquely covered.
| |
|
Specified Sexual Activities: shall
mean and include any of the following:
| ||
|
1)
|
The fondling or other intentional touching of human genitals,
pubic region, buttocks, anus, or female breasts; or
| |
|
2)
|
sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation, or sodomy; or
| |
|
3)
|
masturbation, actual or simulated; or
| |
|
4)
|
human genitals in a state of sexual stimulation, arousal or
tumescence; or
| |
|
5)
|
excretory functions as part of or in connection with any of
the activities set forth in this definition.
| |
|
Story: That portion of a building
included between the upper surface of a floor and the upper surface
of the floor or roof next above, excluding attics that have no habitable
area and that are used solely for storage and to house mechanical
equipment. Intermediate level(s) such as mezzanines, lofts, and penthouses
shall be counted as a story.
[Added 5-26-2009 ATM, Art. 36] | ||
|
Story above Grade: Any story having
its finished floor surface entirely above grade, except that a basement
shall be considered as a story above grade where the finished surface
of the floor above the basement is:
[Added 5-26-2009 ATM, Art. 36] | ||
|
a.
|
More than 6 feet (1829 mm) above grade plan;
| |
|
b.
|
More than 6 feet (1829 mm) above the finished ground level for
more than 50 percent of the total building perimeter;
| |
|
c.
|
More than 12 feet (3658 mm) above the finished ground level
at any point.
| |
|
Street: shall mean:
| ||
|
1)
|
a public way or a way which the Town Clerk certifies is physically
constructed and maintained and used as a public way; or
| |
|
2)
|
a private way shown on a definitive subdivision plan endorsed
subsequent to 1953 and built to the specifications set forth therein;
or
| |
|
3)
|
a way presently 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: That which is built
or constructed, excluding ground level driveways and walkways, and
fences and retaining walls.
[Added 5-26-2009 ATM, Art. 36] | ||
|
Substantial Evidence: Such evidence
as a reasonable mind might accept as adequate to support a conclusion.
[Added 5-26-2009 ATM, Art. 33] | ||
|
Suspended Basement: A storage
area suspended below a residential dwelling that:
[Added 5-19-2015 ATM
by Art. 22] | ||
|
a.
|
Is 250 s.f. or less measured from the exterior sides of outside
wall to outside wall with deductions only for mechanical equipment;
| |
|
b.
|
Can only be accessed from the exterior and has no access directly
into the dwelling unit;
| |
|
c.
|
Has a maximum ceiling height of 6'-2", measured from finished
floor to ceiling framing;
| |
|
e.
|
Is unfinished on the interior and unconditioned.
| |
|
Temporary Trailer: A trailer serving
as an office, workshop or storage facility during the construction
of a building with a permitted use, or serving as temporary quarters
for a building establishment undergoing repair or renovation.
[Added 5-24-2011 ATM, Art. 23] | ||
|
Toxic or Hazardous Material: Any
substance or mixture of physical, chemical, or infectious characteristics
posing a significant, actual, or potential hazard to water supplies
or other hazards to human health if such substance or mixture were
discharged to land or water of the Town of Newbury. Toxic or hazardous
materials include, without limitation, synthetic organic chemicals,
petroleum products, heavy metals, radioactive or infectious wastes,
acids and alkalis, and all substances defined as Toxic or Hazardous
under Massachusetts General Laws (MGL) Chapters 21C and 21E and 310
CMR 30.00, and also include such products as solvents and thinners
in quantities greater than normal household use.
| ||
|
Trailer: A furnished vehicle drawn
by a truck or automobile and used when parked as a dwelling or office.
[Added 5-25-2010 ATM, Art. 16] | ||
|
Truck and Bus Maintenance Facilities: Facilities intended for the performance of routine as well
as specialized, large-scale, major maintenance and repairs of truck.[5] This use includes fueling facilities.
[Added 5-24-2011 ATM, Art. 23] | ||
|
Truck Terminals: Facilities intended
to shelter truck,[6] and to provide facilities for fueling and minor routine
maintenance on trucks. This includes dispatching facilities.
[Added 5-24-2011 ATM, Art. 23] | ||
|
Use, Accessory: A purpose subordinate
to and dependent upon the principal use of a lot.
[Amended 5-26-2009 ATM, Art. 36] | ||
|
Use, Mixed: Two or more principal
uses occupying the same structure or lot, each of which is independent
of and unrelated to the other.
| ||
|
Use, Principal: The main or primary
purpose for which a structure or lot is designed, arranged, or intended
or for which it is permitted to be used, occupied or maintained under
this By-Law.
| ||
|
Utility-Scale Wind Facility: A
commercial wind facility, where the primary use of the facility is
electrical generation to be sold to the wholesale electricity markets.
[Added 5-26-2009 ATM, Art. 33] | ||
|
Water and Wastewater Systems: Facilities
which take raw and/or contaminated water and treat it by physical,
chemical and biological means so as to render it potable. Also, facilities
that treat industrial and domestic waste in the same manner, so as
to render it suitable for discharge into waterways. Such facilities
are central processing systems and do not include wells and on-lot
sewage disposal systems (septic tanks and leaching systems) intended
for single residential, commercial or industrial facilities.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Water Supply Protection District: A zoning district defined to overlay other zoning districts in the
Town of Newbury. The water supply protection district may include
specifically-designated aquifers and recharge areas.
| ||
|
Water Transport of Goods and People: Water taxis, ferries, excursion boats, party boats for fishing,
and similar uses.
[Added 5-22-2012 ATM, Art. 20] | ||
|
Wholesale Trade, Warehousing and Distribution: Facilities intended to provide indoor storage of products
and materials, not manufactured on the premises, and which will be
further transported to other locations.
[Added 5-24-2011 ATM, Art. 23] | ||
|
Wind Energy System/Wind Energy Facility: All equipment, machinery and structures utilized in connection
with the conversion of wind to electricity. This includes, but is
not limited to, transmission, storage, electrical collection and supply
equipment, substations, transformers, service and access roads, and
one or more wind turbines.
[Added 5-26-2009 ATM, Art. 33] | ||
|
Wind Monitoring or Meteorological ("test" or "met")
Tower: A temporary tower equipped with anemometer,
wind vane, and other equipment to measure wind speed and direction,
used to determine how much wind power a site can be expected to generate.
[Added 5-26-2009 ATM, Art. 33] | ||
|
Wind Turbine: A single device
that converts kinetic wind energy into rotational energy that drives
an electrical generator. A wind turbine typically consists of a tower,
nacelle body and components, and rotor with two or more blades.
[Added 5-26-2009 ATM, Art. 33] | ||
|
Wireless Communication Services: shall mean the provision of the following types of services: cellular
telephone service, personal communications service, enhanced specialized
mobile radio service, and radio transmission.
| ||
|
Zone II: The area of an aquifer
which contributes water to a well under the most severe pumping and
recharge conditions that can be realistically anticipated (180 days
of pumping at safe yield with no recharge from precipitation) as defined
in 310 CMR 22.00.
| ||
[1]
Editor's Note: So in original.
[2]
Editor's Note: The definition of "building height," which
immediately followed, was repealed 5-26-2009 ATM, Art. 36.
[3]
Editor's Note: So in original.
[4]
Editor’s Note: The definition of “family,”
which immediately followed, was repealed 5-26-2009 ATM, Art. 36.
[5]
Editor's Note: So in original.
[6]
Editor's Note: So in original.
