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Newbury City Zoning Code

ARTICLE I

GENERAL PROVISIONS

§ 97-1 Purpose and Authority.

A. 
Title and Authority. This Bylaw is enacted pursuant to Chapter 40A, of the Massachusetts General Laws (Chapter 40A), and all amendments thereto and shall be known and may be cited as the "Town of Newbury Zoning Bylaw ("Bylaw").
B. 
Purpose. This Bylaw is enacted to promote the general welfare of the Town of Newbury, to protect the health and safety of its inhabitants, to encourage the most appropriate use of land throughout the Town, to preserve the cultural, historical and agricultural heritage of the community, to increase the amenities of the Town, to reduce the hazard from fire by regulating the location and the height, size and use of buildings and the area of open space around them, all in order to promote the health, safety, convenience and general welfare of the inhabitants of the Town of Newbury, and to be consistent with and further the goals of the Town of Newbury's long-term planning documents, all as authorized by, but not limited to, the provisions of the Zoning Act, G.L. c. 40A, as amended, Section 2A of 1975 Mass. Acts 808, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts.
C. 
Conflicts. Where there are conflicts between this Bylaw and other bylaws, covenants, agreements or laws, this Bylaw shall prevail where it is more restrictive; it shall not prevail where it is less restrictive.
D. 
Prior Law. Except as otherwise provided in G.L. c.40A sec. 11, the adoption of this Bylaw shall not affect the validity of any action lawfully taken under the provision of the Zoning Bylaw in effect prior to the date this Bylaw becomes effective.
E. 
Severability. Should any section, provision or paragraph of this Bylaw be declared invalid by a court review, such decision shall not affect the validity of the Bylaw as a whole or any section or provisions, other than the portion so declared to be invalid.
F. 
Scope. For these purposes, the construction, repair, alteration, demolition, reconstruction, height, number of stories, and size of buildings and structures, the size and width of lots, the percentage of lot area that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location and use of buildings, structures, and land in the Town are regulated as hereinafter provided.
G. 
Applicability. All buildings or structures hereinafter erected, reconstructed, altered, enlarged, or moved, and the use of all premises in the Town, shall be in conformity with the provisions of the Zoning Bylaw. No building, structure or land shall be used for any purpose or in any manner other than is expressly permitted within the district in which such building, structure or land is located except where it is allowed or allowed by Special Permit or Variance. Where the application of this Bylaw imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants, or agreements, the provisions of this Bylaw shall control.
H. 
Amendment. This Bylaw and Zoning Map may from time to time be changed by amendment, addition, or repeal by the Town Meeting in the manner provided in G.L. c. 40A, s.5, and any amendments thereto.