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Newbury City Zoning Code

ARTICLE II

USE DISTRICTS

§ 97-2 Establishment of Use Districts.

A. 
Types of Use Districts:
For the purpose of this Bylaw, the Town of Newbury is hereby divided into the following types of use districts:
(1) 
Agricultural Residential (R-AG)
(2) 
Parker River Residential (PR)
(3) 
Residential-Limited Business (R-LB)
(4) 
Byfield Village Business (BVB)
(5) 
Commercial Highway (CH)
(6) 
Commercial Highway A (CHA)
(7) 
Light Industrial Byfield (LIB)
(8) 
Upper Green Business (UGB)
(9) 
Business and Light Industrial District (BLI)
(10) 
Parker River Marine (PRM)
B. 
Location of Districts.
(1) 
Zoning Map. The Planning Board of the Town of Newbury shall prepare and periodically update as required, a Zoning Map, which Zoning Map shall show all zoning use districts within the Town in a manner sufficient for identification.[1] The Zoning Map shall be a part of this Bylaw; provided, however, that in the event of any inconsistency between the written provisions of this Bylaw and said Zoning Map, the written provisions of this Zoning Bylaw shall prevail.
[1]
Editor's Note: The Zoning Maps are included at the end of this chapter.
(2) 
Written Description of Use Districts:
(a) 
Agricultural — Residential districts shall include all portions of the Town not otherwise classified;
(b) 
Parker River Residential.
This district shall constitute a certain parcel of land situated east of High Road and north of the Parker River in the Town of Newbury, bounded and described as follows:
Beginning at a point in the easterly sideline of High Road at the northwesterly corner of the said parcel of land at the southwesterly corner of land of or formerly of The Society for the Preservation of New England Antiquities, said point being about 885 feet south of the southerly intersection of the sidelines of High Road and Cottage Road
Thence running: Easterly about 210 feet by said land of, or formerly of, The Preservation of New England Antiquities to a corner,
Thence running: Northerly about 135 feet by said land of, or formerly of, The Preservation of New England Antiquities to a corner of land of, or formerly of, Joan Hoysradt,
Thence Running: Easterly about 1120 feet by said land of, or formerly of, Joan Hoysradt, by land of or formerly of James D. Pearson, and by land of, or formerly of Rita E. Direnzo and Patricia D. Daigle to a corner,
Thence running: Northerly about 64 feet by said land of, or formerly of, Rita E. Direnzo and Patricia D. Daigle to a point in the southerly sideline of Cottage Road,
Thence running: Easterly about 1230 feet by the said southerly sideline of Cottage Road to a point,
Thence running: Northerly about 40 feet across Cottage Road to a point in the northerly sideline of Cottage Road at the southeasterly corner of land of, or formerly of John D. and Sharon Protopapas, said point being about 176 feet westerly of the northeasterly corner of Cottage Road,
Thence running: Northerly about 210.69 feet by said land of John D. and Sharon Protopapas to a point at land of, or formerly of the Trustees of Reservations,
Thence running: Easterly about 1150 feet by said land of, or formerly of the Trustees of Reservations, by land of or formerly of Joseph II, Nancy, and Peter Story, and by land of, or formerly of the Parker River National Wildlife Refuge to a corner,
Thence running: Southerly about 900 feet by said land of or formerly of the Parker River National Wildlife Refuge to a corner at the northerly side of the Parker River,
Thence running: Westerly about 3500 feet by the Parker River to a point in the easterly sideline of High Road,
Thence running: Northerly about 530 feet by the said easterly sideline of High Road to the point of beginning.
(c) 
Residential-Limited Business:
Beginning at a point on the easterly corner of said premises at an Iron Stake: Thence northerly by land now or formerly of Ross Gadd to a stone wall and land now or formerly of George Adams, John Thurston and others: Thence easterly by a stone wall 300 feet to an Iron Stake and land now or formerly of said Ross Gadd to Orchard Street to the point of beginning.
(d) 
Byfield Village Business:
An area bounded by the center lines of Lunt, Main and Central Streets in Byfield.
An area bounded by the center lines of Lunt, Main, Central and Church Streets in Byfield.
An area in Byfield west of Main Street encompassing Lots 37, 41, 42, 43, 44, 45, 46A, 46, 47, and 49 on FY2013 Assessors Map U-13 and Lots 1, 2, 3, 4, 5, 6, and 7 on FY2013 Assessors Map U-12.
An area in Byfield southeasterly of Lunt Street encompassing Lot 67 on FY2013 Assessors Map U-11 and Lots 12, 13, 14, 15, 16, and 17 on FY2013 Assessors Map U-14.
(e) 
Commercial Highway:
An area in Byfield northeasterly of the junction of the right-of-way of I-95 and Central Street encompassing Lots 25, 25A, 25B, 26, 26A, 26B, 26C, 26D, 27, 28, 29, 30, 31, 32, and 34 on FY2013 Assessors Map R-20.
An area at the Northwestern Junction of the right-of-way of I-95 and central Street 225 feet deep and extending westerly along Central Street 300 feet to the Junction of Church Street.
An area located on the northerly side of Scotland Road bounded on the west by the right-of-way of U.S. Rt. 95, on the south by Scotland Road, on the east and northeast by the easterly property line of Lot 1 Assessors’ Map R-44, now or formerly of Bartlett, and on the north by the City Line of Newburyport and the Town Line of West Newbury.
(f) 
Commercial Highway District A:
An area at the Southwest Junction of the right-of-way of I-95 and Central Street, 500 feet wide and extending southeasterly to the Parker River.
(g) 
Light Industrial Byfield:
An area in Byfield encompassing Lots 24 and 25 on Assessors Map U-14 in their entirety and a 500 foot strip along the south bank of the Parker River extending from the southern boundaries of Lots 23 and 24 on Assessors’ Map U-14 across Lots 33, 37, and 50 on Assessors Map R-19 to Route 95 and as shown on the Town of Newbury Zoning Map as amended.
(h) 
Upper Green Business:
An area to the east and north of the Upper Green on High Road encompassing Lots 1, 2, 3, 31, 34, 48, and 49 on Assessors’ Map U-06 and Lot 42 on Assessors’ Map U-07 and as shown on the Town of Newbury Zoning Map as amended.
(i) 
Business and Light Industrial:
Beginning at a point on the center line of U.S. Route #1 at the Newburyport municipal boundary, thence southwards along the center line of U.S. #1 to a point on the center line of Middle Road, thence southwesterly by the center line of Middle Road to the center line of Highfield Road, thence northwesterly by the center line of Highfield Road to the center line of Scotland Road, thence northerly along the center line of Scotland Road to the Newburyport line and thence eastwards along the municipal boundary to the point of beginning.
An area west of Route 1 encompassing Lots 14, 15A, 15, 16, 17, 18, 19, and 1 on FY2013 Assessors Map R-36 and Lots 13, 14, 14A, 15, 16, 17, 18, 19, 20, 21, and 22 on FY2013 Assessors Map R-47.
An area east of Route 1 encompassing Lots 27, 28, 29, 38, 39, 40, 41, 41A, 42, 43, 43A, 44, 45, 46, 4, 6, 7, 8, 9, 10A, 10, 11, 12A, 12 on FY2013 Assessors Map R-47, Lots 41, 42, and 43 on FY2013 Assessors Map U-08, and Lots 20, 22, 25, 23, and 24 on FY2013 Assessors Map R-36
(j) 
Parker River Marine:
A 500 foot strip along the south bank of the Parker River in Precinct 1 extending for a distance of 1,000 feet west and 1,000 feet east of the Parker River Bridge on U.S. Route 1A, less any portion of Lot #78 Assessors Map R-11.
C. 
Overlay Districts.
The following special districts are superimposed over specific parts of the Town (as described within each overlay district), and may establish requirements over and above those described in the respective underlying districts. All applicable regulations, whether Federal, State, or local, if more restrictive, shall also apply.
(1) 
Flood Hazard
(2) 
Water supply Protection
(3) 
Plum Island
(4) 
Adult Entertainment
(5) 
Wireless Communications Services
D. 
Location of Overlay Districts.
(1) 
Zoning Map:
The Planning Board of the Town of Newbury shall prepare and periodically update as required, a Zoning Map, which Zoning Map shall show all zoning overlay districts within the Town in a manner sufficient for identification.[2] The Zoning Map shall be a part of this Bylaw; provided, however, that in the event of any inconsistency between the written provisions of this Bylaw and said Zoning Map, the written provisions of this Zoning Bylaw shall prevail.
[2]
Editor's Note: The Zoning Maps are included at the end of this chapter.
(2) 
Flood Hazard:
Applicable as indicated on the Federal Emergency Management Agency's Essex County Flood Insurance Rate Maps (FIRM), effective July 8, 2025.
(3) 
Water Supply Protection:
Shall include all lands within the Town of Newbury lying within the watersheds of groundwater aquifers which now or may in the future provide public water supply. The boundaries of the Water Supply Protection District are shown on a map entitled "Town of Newbury - Water Supply Protection Districts," dated March 9, 2010, and on file in the office of the Town Clerk.[3]
[3]
Editor's Note: Said map is included at the end of this chapter.
(4) 
Plum Island:
Shall include all lands shown on a map entitled "Plum Island Overlay District, Town of Newbury", dated December 20, 2000, prepared by the Merrimack Valley Planning Commission, said map hereby incorporated as part of this Bylaw and on file in the office of the Town Clerk.
(5) 
Adult Entertainment:
That portion of Precinct 1 bounded on the north by Newburyport line, on the east by a line 1,000 feet east of the parallel to the right-of-way of the Boston and Maine Railroad, Main Line, on the south by Hanover and Middle Streets, and on the west by Highfield Road and Scotland Road. Except that section which is bounded on the east by the B & M Railroad right-of-way, on the south by the center line of Hanover Street, and the west by the center line of U.S. Rt. #1.
(6) 
Wireless Communications Services:
All lands located within the boundaries of the Business and Light Industrial District.