Newbury City Zoning Code
ARTICLE X
GENERAL REGULATIONS
§ 97-10 General Regulations.
A.
Nonconforming Uses (Except Plum Island Overlay District).
(1)
Continuance:
(a)
The lawful use of any structure or land existing at the time of enactment or subsequent amendment of this Bylaw may be continued, although such structure or use does not conform to the provisions of this Bylaw. But if any such nonconforming use or structure is abandoned and not used for a period of two (2) years, it shall not thereafter be resumed. Nonconforming uses may be changed, extended or altered, provided, however, that no such change, extension, or alteration shall be permitted unless there is a finding by the Zoning Board of Appeals that such change, extension, or alteration shall not substantially be more detrimental than the existing nonconforming use to the neighborhood.
(b)
Nonconforming structures may be reconstructed, extended, altered, or structurally changed upon a determination by the Building Inspector that such proposed reconstruction, extension, alteration, or change does not increase the nonconforming nature of such structure. The following circumstances shall not be deemed to increase the nonconforming nature of such structure:
(i)
alteration to a structure located on a lot with insufficient area which complies with all current setback, yard, building coverage, and building height requirements.
(ii)
alteration to a structure located on a lot with insufficient frontage which complies with all current setback, yard, building coverage, and building height requirements.
(iii)
alteration to a structure which encroaches upon one or more required yard or setback areas, where the alteration will comply with all current setback, yard, building coverage and building height requirements.
In the event that the Building Inspector determines that the nonconforming nature of such structure would be increased by the proposed reconstruction, extension, alteration, or change, the Zoning Board of Appeals may, by finding, allow such reconstruction, extension, alteration, or change where it determines that the proposed modification will not be substantially more detrimental than the existing nonconforming structure to the neighborhood. |
(c)
Constructions or operations under a building or special permit shall conform to any subsequent amendment to this Bylaw unless the use or construction is commenced within a period of not more than six (6) months after the issuance of the permit and, in cases involving construction, unless such construction is continued through completion, as continuously and expeditiously as is reasonable.
B.
Grandfathering:
(a) | Notwithstanding any provision of this Bylaw, a single residence or any other permitted buildings or structures in all zones may be erected on any lot registered at the Registry of Deeds in Salem prior to July 1, 1959. Not withstanding any provisions of this Bylaw, a single residence or any other permitted buildings or structures may be erected in the district on any lot which has not less than 100 feet of frontage on a street or way, and was recorded at the Registry of Deeds in Salem prior to March 21, 1978, and otherwise met all of the applicable requirement of the Zoning Bylaw in effect at the time it was recorded or registered. Notwithstanding any provisions of this Bylaw, a single residence or any other permitted buildings or structures may be erected in the district on any lot which has not less than 20,000 square feet, and was recorded at the Registry of Deeds in Salem prior to March 21, 1978, and otherwise met all of the applicable requirement of the Zoning Bylaw in effect at the time it was recorded or registered. This provision shall not apply to the Plum Island Zoning District, which shall instead be governed by G. L. c.40A, s 6, Para 4. |
C.
Customary home occupations:
(1)
Customary home occupations (such as professional and business offices, arts and crafts shops, tradesman's shops and miscellaneous repair services) may be conducted in a dwelling or building accessory thereto by a person residing on the premises are permitted provided that:
(a)
Such use is clearly incidental and secondary to the residential use;
(c)
No offensive noise, odors, glare or unsightliness is produced;
(d)
There is no public display of goods or wares except for such signs as are permitted; and
(e)
That there is no exterior storage of materials, equipment [including the parking of more than one (1) commercial vehicle] or waste material that would indicate the presence of the use or violate the residential character of the premises.
(2)
No use which requires a Special Permit under the Table of Use Regulations shall be permitted as a Customary Home Occupation.
D.
Accessory Dwelling Units.
(1)
Purpose and Intent: The intent of permitting Accessory Dwelling Units is to:
(a)
Recognize that the housing needs of the Town are changing and that zoning by-laws must be crafted to allow additional options in the provision of housing to the Town's citizens;
(b)
Increase the supply of housing and the diversity of housing options, in response to demographic changes such as smaller households and older households;
(c)
Provide homeowners with a means of obtaining rental income, companionship, security, and services, thereby enabling them to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave;
(d)
Develop housing units in residential neighborhoods that are appropriate for households at a variety of stages in their life cycle and for multi-generational households;
(e)
Encourage a more balanced and diverse population and income mix, with particular attention to young adults and senior citizens;
(f)
Encourage the creation and addition of moderately priced rental units to the housing stock that meet the needs of small and moderate-income households who might otherwise have difficulty obtaining affordably priced housing in the community.
(2)
Definitions: For the purpose of this section, the following definitions shall apply:
(a)
"Accessory Dwelling Unit" (ADU) is defined as a self-contained housing unit, attached to or detached from the principal dwelling unit, inclusive of sleeping, cooking, and sanitary facilities on the same lot as a principal dwelling, that
01)
maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress;
02)
is not larger in Gross Floor Area than half (1/2) the Gross Floor Area of the principal dwelling or 900 square feet, whichever is smaller.
(b)
Gross Floor Area is defined as the sum of the areas of all stories of the building of compliant ceiling height pursuant to the Building Code, including basements, lofts, and intermediate floored tiers, measured from the interior faces of exterior walls or from the centerline of walls separating buildings or dwelling units, but excluding: crawl spaces, garage parking areas, attics, enclosed porches and similar spaces. Where there are multiple Principal Dwellings on the lot, the Gross Floor Area of the largest Principal Dwelling shall be used for determining the maximum size of a Protected Use ADU.
(c)
Bus Station. A location serving as a point of embarkation for any bus operated by a Transit Authority.
(d)
Commuter Rail Station. Any commuter rail station operated by a Transit Authority with year-round service with trains departing at regular time intervals, rather than intermittent, seasonal, or event-based service.
(3)
Accessory Dwelling Unit Applicability:
(a)
An ADU may be administratively reviewed and authorized by the Building Commissioner with the issuance of a Building Permit when the conditions and requirements of § 97-10.D.(2)(e) and § 97-10.D.(4) are met.
(b)
An ADU may be permitted by a Special Permit pursuant to Requirements as described in § 97-10.D.(5). The Zoning Board of Appeals (ZBA) shall be the Special Permit Granting Authority for a Special Permit ADU.
(c)
ADUs proposed to be constructed on pre-existing legal non-conforming structures or lots shall conform with the requirements of § 97-10.A.(1).
(4)
General Requirements for Accessory Dwelling Units:
(a)
There shall be no more than one ADU on a lot.
(b)
The total number of bedrooms in the primary dwelling and the ADU combined may not exceed the capacity of the permitted septic system, per Title V requirements.
(c)
An ADU proposed in the Plum Island Overlay District shall meet the requirements thereof and may not result in exceedance of the dimensional requirements or bedroom count as set forth therein for each lot, in accordance with § 97-4.D and § 97-6.B.
(d)
The primary dwelling and the ADU shall comply with all applicable health, safety, building and other applicable codes in effect at the time of the granting of the Building Permit, and of the Special Permit where applicable.
(e)
Utilities necessary for the ADU, including but not limited to water, electric, and gas, may be extensions of the existing utilities serving the principal single-family dwelling. New or separate water and sewer lines directly between the ADU and the trunk lines are not required. Applicants may choose to use a shared water meter for the primary structure and the ADU or have a separate water meter installed for each.
(f)
Not more than one additional parking space shall be required for an ADU; and further, no parking space shall be required for an ADU located not more than 0.5 miles from a Commuter Rail Station or any Bus Station as defined in § 97-10.D.(2).
(g)
An ADU permitted through § 97-10.D. shall not be used for "Short Term Rental" as that term is defined in M.G.L. c. 64G and is prohibited from any use as a rental unit on a weekly or daily basis.
(h)
Neither the ADU nor the principal dwelling on a lot shall be required to be owner-occupied.
(5)
Special Permit Requirements for ADUs: The Zoning Board of Appeals, as Special Permit Granting Authority, may allow dimensional variations for a proposed ADU up to 15% above 900 square feet of Gross Floor Area as defined in § 97-10.D.(2), provided that:
(a)
the ADU meets the dimensional requirements of the single-family lot;
(b)
the ADU is subordinate to the primary structure in height, location on the lot, bulk, and massing;
(c)
the allowance of such variation, in the Board's opinion, is not contrary to the public interest and is consistent with the intent and purpose of this bylaw.
(6)
Submission Requirements:
(a)
An application for an ADU shall be submitted to the Building Inspector and shall include, at a minimum:
01)
A site plan, stamped by a registered engineer or land surveyor, drawn to scale, showing existing conditions, boundaries and area of the lot, location(s) of all structures, setbacks, location and capacity of the approved septic system, including reserve area, well, driveway, and parking spaces, if required;
02)
Existing and proposed building floor plans and elevations, stamped by a registered architect, drawn to scale, showing the proposed interior and exterior changes to the primary dwelling or accessory structure and the number of existing and proposed bedrooms;
03)
Drawings showing adherence to all current Building Code and Fire Code requirements;
04)
A narrative description of the proposal that describes the ways the ADU meets the Purpose and Intent of § 97-10.D.
(b)
An application for a Special Permit for an ADU shall be submitted to the Zoning Board of Appeals and shall include the Requirements of § 97-10.D.6(a).
E.
Small Wind Energy Systems.
(1)
Purpose: To provide for the construction and use of small wind energy systems (SWES) as an alternative energy source to reduce or eliminate the on-site consumption of utility-supplied electricity.
(2)
Applicability: This section applies to small wind energy systems no greater than 60 kilowatts of rated nameplate capacity constructed as accessory use to the primary use of a property and intended to utilize energy from the wind to provide power to the primary use or a use accessory thereto.
(3)
Permitted Use: SWES shall be permitted for the applications stated above, provided that they meet the following requirements:
(a)
Freestanding SWES Height: 120 feet maximum.
(b)
Rooftop SWES Height: 120 feet maximum, including the height of the structure to which it is attached.
(c)
Setback: Each wind energy system and its associated equipment shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, to ensure public safety and to protect the interests of neighboring property owners, a wind turbine shall not be erected nearer to any property line than a distance equal to the height of the wind turbine plus an additional ten feet.
(d)
Noise: SWES shall conform to the provisions of the Department of Environmental Protection's Division of Air Quality Noise Regulations (310 CMR 7.10) A source of sound will be considered to be in violation of the Department's noise regulation if the source:
01)
Increases the broadband sound level by more than 10 dB(A) above ambient, or
02)
Produces a "pure tone" condition – when any octave band center frequency sound pressure level exceeds the two adjacent center frequency sound pressure levels by 3 decibels or more.
These criteria are measured both at the property line and at the nearest off site inhabited residence. Ambient is defined as the background A-weighted sound level that is exceeded 90% of the time. |
(e)
Land Clearing, Soil Erosion and Habitat Impacts: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the Wind Energy Conversion System and is otherwise prescribed by applicable laws, regulations, and Bylaws.
(f)
Color and Finish: SWES shall remain painted or finished in the non-reflective, solid, neutral color that was originally applied by the manufacturer.
(g)
Lighting and Signage:
01)
Wind turbines shall be lighted only to the extent required by the Federal Aviation Authority (FAA). Lighting of other parts of the Wind Energy Conversion System, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.
(h)
Shadowing and Flicker: Small Wind Energy Systems shall be sited in a manner that minimizes shadowing or flicker impacts on abutting properties.
(i)
Tower and Foundation Design: The design of the tower and any supporting foundations shall be certified by a Professional Structural Engineer registered in the Commonwealth of Massachusetts to be in conformance with the Massachusetts State Building Code (780 CMR).
(j)
Compliance with FAA Regulations: SWES shall comply with all applicable FAA regulations, including any necessary approvals for installations close to airports.
(k)
Unauthorized Access: SWES and appurtenant structures shall be designed and constructed to prevent unauthorized access to entry and/or climbing.
(l)
Maintenance: The property owner shall maintain the SWES in good condition. Maintenance shall include, but is not limited to, painting, structural repairs, and integrity of security measures.
(m)
Abandonment or Decommissioning: Any above ground components of a SWES which has reached the end of its useful life or has been abandoned or is being decommissioned shall be removed and the site on which it is located shall be returned to the same state it was prior to installation of the SWES.
A SWES shall be considered to be abandoned when it fails to operate for one year. Upon a Notice of Abandonment issued by the Building Inspector, the SWES owner will have 30 days to provide sufficient evidence that the system has not been abandoned. If sufficient evidence is not provided, the Town of Newbury shall have the authority to enter the owner's property and remove the system at the owner's expense. |
(n)
Secondary Uses: No part of any SWES shall be used for any purpose than the one for which it was designed, e.g. advertising, cellular antennas, etc.
(o)
Compliance with Laws, Bylaws, and Regulations: The construction and operation of all such proposed SWES shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation requirements.
(4)
Permit Requirements: A building permit shall be required for the installation of a SWES. The building permit application shall be accompanied by deliverables including the following.
(a)
A plot plan showing:
01)
Property lines and physical dimensions of the subject property within two times the total height from the tower location;
02)
Location, dimensions, and types of existing major structures on the property within two times the total height from the tower location;
03)
Location of the proposed wind system tower, foundations, guy anchors and associated equipment;
04)
The right-of-way of any public road that is contiguous with the property;
05)
Any overhead utility lines.
(b)
Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).
(c)
Tower foundation blueprints or drawings signed by a Professional Structural Engineer licensed to practice in the Commonwealth of Massachusetts.
(d)
The site plan review procedures set forth in § 97-9.A.(3), (4), (5), and (8) are incorporated herein as part of the application process for the approval of a building permit for the installation of a proposed SWES.
F.
Temporary Trailers, Mobile Homes, and Existing Dwellings to be Demolished.
(1)
Purpose and Intent: It is the intent of this article to provide for the temporary use and occupancy of trailers, mobile homes, and existing dwellings to be demolished within the Town of Newbury, subject to the limitations below.
(2)
Allowed Use: A trailer, mobile home or existing dwelling that is to be demolished may be used on any lot as provided below:
(a)
The owner or occupier of a residence which has been destroyed by fire or natural disaster may place a mobile home on the site of such residence and may, by right, reside in such mobile home for a period not to exceed the shorter of eighteen (18) months or the life of the active building permit, not to exceed 15 calendar days after the issuance of an occupancy permit, while the residence is being rebuilt. Any such mobile home shall be subject to all required local and state permits and approvals.
(b)
The tenant of a commercial place of business which has been destroyed by fire or natural disaster may place a trailer on the site of such place of business and may, by right, occupy such trailer for a period not to exceed the shorter of eighteen (18) months or the life of an active building permit, not to exceed 15 calendar days after the issuance of an occupancy permit, while the business premises are being rebuilt. Any such trailer shall be subject to all required local and state permits and approvals.
(c)
A trailer or existing dwelling not otherwise being used as a residence may be used for a construction site office on a temporary basis, such trailer or existing dwelling to be removed upon completion of the construction project.
(3)
Removal of Trailer: Within five (5) business days of the removal of the trailer, notice in writing shall be given to the Building Department. The notice shall include the owner's name and address, the address the trailer was removed from (if different), and shall be signed and dated by the owner. The provisions of § 97-11.A.(1), Authority to enforce, shall apply for each day the trailer remains on site beyond 15 calendar days after issuance of a certificate of occupancy.
(4)
An existing dwelling not otherwise being used as a residence may be used as a construction site office on a temporary basis provided that:
(a)
The contractor furnish the Building Commissioner with a notarized letter stating that the existing dwelling’s occupancy is to be terminated upon receipt of the certificate of occupancy for the new dwelling;
(b)
The existing dwelling is removed within 30 calendar days after the issuance of the certificate of occupancy for the new dwelling.
(5)
Removal of Existing Dwelling: Within five (5) business days of the removal of the existing dwelling, notice in writing shall be given to the Building Department, in the form described in § 97-10.F.(3) above. The provisions of § 97-11.A.(1), Authority to enforce, shall apply for each day the dwelling remains on site beyond thirty (30) calendar days after issuance of a certificate of occupancy for the new dwelling.
G.
Fences.
(1)
A building permit shall be obtained for all fences over six (6) feet in height and for installation of any fence greater than four (4) feet in height and less than 50% open which extends beyond the required front yard setback or the existing principal building, whichever is closer to the street.
(2)
All fences that require a permit shall be accompanied by a plot plan showing the location of the proposed fencing.
(3)
Fences may be installed up to but not on the property line.
(4)
Fences shall be installed with the finished or "good" side facing the adjoining property.
(5)
If the location of the fence is in dispute, it is the burden of the owner of the fence to certify its location.