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Newburyport City Zoning Code

SECTION III

ESTABLISHMENT OF DISTRICTS2


Footnotes:
--- (2) ---

Cross reference— Solid waste collection in the business district, § 8-81.


III-A - Establishment of districts.

For the purpose of this ordinance, the City of Newburyport is hereby divided into the following districts:

Full Name and Class

Agricultural and/or Conservation Ag/C
High Street Residential A HSR-A
High Street Residential B HSR-B
Residential One R-1
Residential Two R-2
Residential Three R-3
Business One B-1
Business Two B-2
Business Three B-3
Floodplain Overlay District FOD
Industrial One I-1
Industrial I-1B I-1B
Industrial Two I-2
General Acute Care Medical M-1
Waterfront Marine Dependent WMD
Waterfront Mixed Use WMU

 

(Ord. of 3-28-88(1), § 2; Ord. of 9-14-92; Ord. of 6-25-12(2); Ord. of 11-13-17(3))

III-B - Description of districts.

Ag/C agricultural/conservation. The agricultural/conservation district is composed of all those areas so designated on the official zoning map. This district is intended to serve a dual purpose. It is the city's intent to adhere to Commonwealth of Massachusetts policy of preserving agricultural land. All existing agricultural land is therefore designated Ag/C when its designation is in keeping with the city's long-range plans.

Principles of fiscal responsibility demand that the city utilize its presently existing water/sewer systems to their maximum before undertaking the construction of expensive additions to these systems. To this end, vacant lands with soils that have poor to moderate capabilities for supporting on-site sewage systems are designated Ag/C.

The Ag/C district has the lowest residential density of all districts and is generally served by local streets only. Intensive land uses, uses which would detract from the desired agricultural/open nature of the district and uses which would otherwise interfere with the intent of this ordinance are prohibited.

HSR-A High Street residential district A. The High Street residential district-A is composed of all that area so designated on the official zoning map, on the southwesterly side of High Street, between the city boundary with the Town of Newbury and State Street. The predominant uses are intended to be single-family and two-family homes on lots of one and one-half acre, set back from High Street. Uses that would detract from the desired residential character, and uses that would otherwise interfere with the intent of this ordinance, are prohibited.

HSR-B High Street residential district B. The High Street residential district-B is composed of all those areas so designated on the official zoning map, on the southwesterly side of High Street between the Clipper City Rail Trail and Storey Avenue. The predominant uses are intended to be single-family and two-family homes on lots of three-quarters of an acre, set back from High Street. Uses that would detract from the desired residential character, and uses that would otherwise interfere with the intent of this ordinance, are prohibited.

R-1 single-family district. The single-family district is composed of all those areas so designated on the official zoning map and, like the uses, uses which would detract from the desired residential character, and uses which would otherwise interfere with the intent of this ordinance are prohibited.

R-2 two-family district. The two-family district is composed of all those areas so designated of the official zoning map and, like the preceding districts, is generally served by local streets. The predominant land uses are intended to be single and two-family homes. Uses which would detract from the desired residential character and uses which would otherwise interfere with the intent of this ordinance are prohibited.

R-3 multifamily district. The multifamily district is composed of all areas so designated on the official zoning map. It is intended that this district allow multifamily units at no greater than six (6) units per structure and generally exceeding densities of ten (10) dwelling units per acre of land. Single and two-family homes are allowed.

These districts, insofar as is possible, are located near or along major streets. Uses which would detract from the desired residential character, or otherwise interfere with the intent of this ordinance are prohibited.

B-1 business district. The business district is composed of all those areas so designated on the official zoning map. It is intended that this district allow all types of customary business uses oriented towards either pedestrian and/or vehicle traffic. It is further intended that multifamily residential dwellings be allowed either alone or in combination with business uses under the conditions specified herein. These districts, insofar as is possible, are located along major streets.

Uses which would detract from the desired business character, or otherwise interfere with the intent of this ordinance are prohibited.

B-2 downtown business district. The downtown business district is composed of all those areas so designated on the official zoning map. It includes retail, service, and office uses. The scale is intended to reinforce downtown's role as the focus of activity in Newburyport. Multi-use development is encouraged, such as the combining of residential and business uses. Activities shall be oriented to pedestrian traffic and to centralized parking. Businesses which consume large amounts of land and interrupt pedestrian circulation and shopping patterns, single- and two-family principal buildings or uses which would otherwise interfere with the intent of this ordinance are prohibited.

B-3 neighborhood business district. The neighborhood business district is composed of all those areas so designated on the official zoning map. The district is to provide retail and services in proximity to residential uses in a manner that fosters compatibility and serves as a transitional zone between the business district and residential districts.

I-1 industrial district. The industrial district is composed of all areas so designated on the official zoning map. These areas allow uses requiring the manufacture, assembly, processing or handling of materials which, because of their generation, noise, appearance, odor, or hazards, would be disruptive to residential and other commercial uses. Commercial uses intended to service the industrial areas are permitted; however, residential uses, other commercial uses and uses which would otherwise interfere with the intent of this ordinance are prohibited.

I-1B industrial district. The I-1B industrial district was created to allow for the development of corporate office headquarters in the City of Newburyport. This zoning allows for a needed use/occupancy which the I-1 zoning district does not allow, specifically, corporate headquarters. The objective is to provide further diversification in employment opportunities.

Light manufacturing uses similar to those allowed in the I-1 district are also allowed but the location of corporate headquarters type uses is preferred.

I-2 industrial district. The I-2 zoning district was created to legitimized existing older "pockets of industrial development" within the central city. The intent was to protect these uses as uses allowed by right and to not place them in a nonconforming zoning status.

The re-use of these pockets of industries is likely to occur over time and as such nonindustrial uses are allowed by special permit as outlined further in this zoning ordinance.

M general acute care medical district. The general acute care medical district is described as follows: Beginning at the northerly corner thereof at the corner of Rawson Avenue and Highland Avenue, thence running southeasterly by Highland Avenue, 710.6 feet; thence running northwesterly by land of Leavitt, 110 feet; thence running southeasterly by land of Leavitt and land of Steiner, 320 feet; thence running southwesterly by land of Dodge, 407 feet; thence running southeasterly by land of Dodge, 327.5 feet; thence running southwesterly by Toppans Lane, 105 feet; thence running northwesterly by land of Rindler, 1108 feet; thence running southwesterly by land of Rindler, 116.5 feet; thence running northwesterly by land of Jones and City of Newburyport, 308 feet; thence running northeasterly by Rawson Avenue, 294 feet to land of City of Newburyport; thence by said land of City of Newburyport on a curved line, 137 feet to Rawson Avenue; thence running northeasterly by said Rawson Avenue, 391 feet to the point of beginning.

All of said measurements being more or less and all of said abutters being now or formerly.

It includes a general acute care hospital, a medical-dental professional building and associated and related uses.

Floodplain Overlay District. This overlay district includes all Special Flood Hazard Areas (SFHA) within the City of Newburyport designated as Zone A, AE, AO or VE on the Essex County Flood Insurance Rate Map (FIRM) for the City of Newburyport issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program (NFIP). The exact boundaries of the District shall be defined by the one (1%) percent-chance base flood elevations shown on the FIRM and further defined by the Essex County Flood Insurance Study (FIS) report dated July 8, 2025. The FIRM and FIS report are incorporated herein by reference and are on file with the city clerk, planning board, building department, conservation commission and office of planning development.

WMD waterfront marine dependent. The purpose of this district is to protect and enhance the existing marine dependent and marine related uses located along the waterfront. In addition, the expansion of existing marine uses such as marinas is encouraged and the redevelopment of nonmarine uses into marine dependent/related uses is encouraged. This district will allow a certain percentage of an overall development project. Density bonuses may be allowed when public access is provided for (see section XVIII).

Additional intents in this district include the protection and provision of public access and views. Finally, when a project involves residential development, the placement of residential units along the street sides of overall development projects is encouraged in this district.

WMU waterfront mixed use. The purpose of this district is to encourage the development of marine, civic, tourism, and cultural land uses activities which benefit from the location of the central waterfront and to enhance this area as the civic and cultural center of the city. Structures which are totally residential are not allowed in this district. Additional intents in this district include the protection and provision of public access and views.

(Ord. of 3-28-88(1), §§ 3, 4; Ord. of 9-14-92; Ord. of 6-25-12(2); Ord. of 7-21-14(1); Ord. of 11-13-17(3); Ord. of 6-3-25(1))

III-C - Zoning map.

The zoning districts described heretofore in section III-B, detailed on a map entitled "Zoning Map of the City of Newburyport" with all boundary lines designated thereon shall hereby be part of this ordinance and said zoning map shall be on file in the office of the city clerk who shall be responsible for the maintenance of the map and any authorized amendments thereto. A copy of said map shall be kept in any other office deemed appropriate.

III-D - Changes to zoning map.

Any change in the location of boundaries of a zoning district hereafter made through the amendments at this ordinance shall be indicated by the alteration of such map and the map, thus altered, is declared to be a part of this ordinance thus amended.

III-E - Boundaries of districts.

Where any uncertainty exists with respect to the boundary of any district as delineated on the zoning map:

Boundary lines indicated as a highway, street, alley, railroad, watercourse, or other body of water, shall be construed to be the centerline or middle thereof.

Boundary lines which approximate a city boundary are to be considered to be the limits of the city boundary.

Boundary lines which are located outside of street lines with distances placed upon the map shall be the distance in feet from the street lines to said boundary lines.

Boundary lines located outside of street lines without distances are intended to coincide with lot lines; where a dimensional boundary coincides five (5) feet or less with a lot line, the boundary shall be construed to be that lot line.

Wherever any uncertainty exists beyond the preceding provisions of this section as to the exact location of a boundary line, the location of such line shall be determined by the zoning administrator.

(Ord. of 6-26-17(2))