Any structure hereafter altered, constructed, erected, placed, or converted for any use in any district shall be located on a lot only in conformance with the minimum requirements listed on the Table of Dimensional Requirements, below, and the other regulations under this section VI unless specifically allowed by special permit or variance under the provisions of M.G.L.A. c. 40A, §§ 9 and 10 and of this zoning ordinance, or, in the case of nonconforming uses, structures or lots, in accordance with the provisions of M.G.L.A. c. 40A, § 6 and of this zoning ordinance.

Minimum lot area, street frontage, setbacks, heights, lot coverage, and useable open space shall be as set forth in Table of Dimensional Requirements, below, which is hereby made part of this ordinance. In the case of a dimensional requirement under this zoning ordinance that conflicts with that set forth in such table, the more restrictive shall apply.

No building, structure, or part thereof shall be constructed, altered, moved, added, or reconstructed, except in accordance with the Table of Dimensional Requirements, below, or as exempt therefrom by other provisions of this ordinance, and no buildable or built-upon lot shall be subdivided, altered, or reduced, except by taking by eminent domain or conveyance for a public purpose for which a taking by eminent domain could have been made, so as to result in a violation of the requirements of such table.

Table of Dimensional Requirements

(a) The lot area requirements for multifamily developments are twenty thousand (20,000) square feet for the first four (4) units and four thousand (4,000) square feet for each additional unit. In addition the total maximum number of units allowed per structure is six (6).

(b) Except for the R-1, R-2, R-3 and WMD districts, the minimum open space shall be one thousand (1,000) square feet or a minimum of one hundred fifty (150) square feet per dwelling unit, whichever is greater.

(c) Agricultural uses which include farms for the raising, keeping, and/or sale of cattle, horses, sheep, goats, dogs, and poultry, but not for hogs, must have a minimum of five (5) acres except in the agricultural/conservation district. No animal may be kept within fifty (50) feet of any property line.

(d) In the WMD and WMU districts, some special dimensional controls apply, please refer to section XVIII for further requirements.

(e) Structures which house use #711 are allowed a forty-three-foot height but, the number of stories in said structures is limited to one story. For use 711 only, building height shall be measured from the average grade elevation (average grade around the perimeter of the building) to the highest point of the roof (peak of the roof).

(f) Number indicates setbacks for all directions which are to be measured from lot lines and/or other building.

(g) For bed and breakfast uses the use of existing structures that do not meet the dimensional requirements is allowed providing that there is no exterior extension of such structure.

(h) Educational residence with more than ten (10) persons shall require an additional one thousand (1,000) square feet of lot area for each additional person.

(i) Home occupation is an accessory use to a residential uses, please refer to list of allowable uses and residential uses.

(j) Provided, however, that as to land within the boundary lines of existing shopping/retail service centers (No. 401) as of March 10, 1997, required rear and side yards, which abut other property in business (use items nos. 401—422) or food service (use items nos. 501—504) use shall only be twenty (20) feet.

(k) Measured to the upper plane of the top floor of the upper parking level.

(l) Notwithstanding any provision to the contrary, within the B-2 (Downtown Business) District, the Zoning Board of Appeals may waive or reduce the dimensional requirements for a hotel or inn (Use #105 and all accessory uses in conjunction therewith) or parking structure (Parking Garage) (Use #413B) or mixed use (Use #405) by grant of a special permit, issued pursuant to section X-H(7), without need for a variance or any other relief, and may allow (a) up to a maximum of forty-eight (48) feet in height, and (b) a minimum of zero (0) feet for front, side and/or rear yard setback requirements. Before granting the application for a special permit, the board shall find, in addition to those special permit findings set forth in section X-H(7), that the issuance of a special permit for the requested dimensional relief will (as applicable): (i) allow a building height that is designed to be compatible with the height of other buildings within downtown Newburyport and/or the surrounding streetscapes; (ii) allow a reduced or zero-lot-line setback that is compatible with the setbacks of historic buildings in downtown Newburyport and/or the surrounding streetscapes; (iii) not impair the integrity or character of the district, nor be detrimental to the public health or welfare.

(m) Notwithstanding the provisions of section VI-G, the "established front yard setback" within the HSR-A and HSR-B Districts shall be determined by averaging the adjacent principle structures on each side of the subject lot along two hundred (200) feet of streetline in both directions, as measured from the front building wall of each such structure perpendicular to the property line along the street. Measurements are to be based on the current assessors maps used by the assessor's department and office of planning and development, or from record plans for the subject properties (where readily available). Buildings located entirely on the rear half of lots (as measured from the front lot line to the rear lot line) shall not be counted towards the average in calculating the "established front yard setback." If the setback requirement for the underlying district is greater than the relevant "established front yard setback" then the proposed structure shall be located no farther from the street than the distance called for as the front setback in the underlying district. In no event shall a new structure be located closer to the street than the "established front yard setback." An example of these calculations is illustrated in the diagram below:

(n) No Kennel/Animal Boarding use shall be located within two hundred and fifty (250) feet of a residential district.

(Ord. of 10-31-88(2); Ord. of 1-9-89; Ord. of 9-14-92; Ord. of 4-11-94; Ord. of 12-11-95; Ord. of 4-28-97; Ord. of 2-12-01(3), § 3; Ord. of 12-8-03, §§ 2, 4; Ord. of 2-14-05, § B(3); Ord. of 11-26-07; Ord. of 5-27-08; Ord. of 5-10-10; Ord. of 12-12-11(2); Ord. of 2-13-12; 12-9-13(2); Ord. of 8-11-14(8); Ord. of 8-25-14(2); Ord. of 8-20-15(1); Ord. of 9-11-17; Ord. of 10-30-17(2); 11-13-17(3); Ord. of 11-12-19; Ord. of 11-8-21(1); Ord. of 12-13-21(1); Ord. of 9-12-22(1); Ord. of 11-13-23(7); Ord. of 1-27-25(1))

A.

The lot or yard areas required for any new building or use may not include any part of a lot that is required by any other building or use to comply with any provisions of this ordinance, nor may these areas include any property of which the ownership has been transferred subsequent to the effective date of this ordinance if such property was a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made.

B.

Lots shall not be separated or transferred in ownership with the result that they no longer comply with the provisions of this ordinance, except by taking by eminent domain or conveyance for a public purpose for which a taking by eminent domain could have been made.

C.

In addition to the minimum lot area and frontage requirements, lots shall be laid out in such a manner so that a square, with sides equal to eighty (80) percent of the minimum frontage requirement for the zoning district in which it is located, can be placed within the lot with at least one point of the square lying on the front lot line with no portion of the square extending beyond the boundaries of the lot.

D.

To ensure the long-term preservation of local farming and agricultural properties of sufficient size to maintain viable and sustainable businesses and operations related thereto, and notwithstanding any provisions of this ordinance to the contrary, the minimum lot area within the Agricultural/Conservation (Ag/C) District, regardless of use, shall be four hundred thousand (400,000) square feet.

(Ord. of 2-13-12; Ord. of 8-30-21(1); Ord. of 11-8-21(1))

(1)

Except as otherwise permitted in this section VI-C or elsewhere in this zoning ordinance, only one (1) building containing residential dwelling units shall be erected, placed or converted to use as such on any lot.

(2)

In a zoning district where a two-family dwelling is allowed by right or by special permit, the planning board may grant a special permit to allow two (2) single-family dwellings on a lot, subject to the following:

a.

The lot and buildings shall comply with the following development standards:

i.

The proposed residential density shall comply with the lot area requirements for a two-family dwelling in the zoning district.

ii.

Both residential buildings shall comply with the setback requirements for principal single family buildings.

iii.

Both residential buildings shall comply with all other applicable zoning regulations.

iv.

The proposed buildings shall be arranged on the lot in one (1) of the following manners:

(a)

The two (2) residential buildings shall be located side-by-side and shall be set back no more than ten (10) feet further from the street than the average front yard setbacks for existing dwellings on the same block of the street on which they have frontage; or

(b)

If the lot has frontage on two (2) streets (i.e., the lot is a corner lot or a through lot), each residential building may be located fronting on a different street from the existing dwelling, provided that each building has a separate and distinct rear yard conforming to the rear yard requirement for the zoning district; or

(c)

One (1) residential building may be created by conversion of an accessory building in existence on the effective date of the ordinance from which this section is derived, such as a garage or carriage house. In such case, the converted building shall not be increased in height, nor expanded outward other than by dormers, porches or decks not exceeding five hundred (500) square feet in total.

b.

When the lot contains an existing building listing as "Contributing" (C) within the Newburyport Historic District, the application for a special permit shall include a proposed perpetual preservation restriction on said historic building approved by the Newburyport Historical Commission.

c.

Before granting a special permit under this section VI-C, the planning board shall find that all of the following criteria are met:

i.

The design and layout of buildings and open spaces on the site will be consistent with the established character, scale, massing and density of the surrounding neighborhood.

ii.

The buildings and accessory off-street parking areas will maintain a compatible relationship to adjacent properties in terms of location and design, and will not significantly reduce the privacy of adjacent properties.

iii.

Developing a second residential building on the lot will be equally or more beneficial to the neighborhood than subdividing the lot or providing two (2) dwelling units in a two-family dwelling.

d.

In granting a special permit to allow two (2) residential buildings on a lot, the planning board may impose building size or setback standards that are more restrictive than established by the ordinance for a two-family dwelling in the zoning district. Further, the planning board shall require, in all special permits granted under this section, that no further subdivision of the lot be permitted.

e.

In consideration of the increase in value represented by the granting of a special permit under this section VI-C, the applicant shall make a financial contribution to the Affordable Housing Trust Fund in an amount equal to twenty dollars ($20.00) per square foot of the additional second residential building on the lot, said payment to be made prior to the issuance of a building permit for said second residential building.

(Ord. of 12-13-04(2), § 2; Ord. of 7-14-08; Ord. of 4-26-21(1))

Editor's note— Ord. of 4-26-21(1) amended § VI-C and in doing so changed the title of said section from "One residential structure per lot" to "Number of residential buildings per lot," as set out herein.

a.

Where two (2) or more main buildings to be used as dwellings are proposed to be built upon property in one (1) ownership or where one (1) or more such buildings are proposed upon property where there are one (1) or more existing residential buildings, required front, side, and rear yards shall be provided between each building and assumed lot lines shown upon the building permit application. The zoning board of appeals, however, may, by special permit, modify the yard dimensions between such buildings designed and intended to remain under the same ownership and management where it is demonstrated that there will result light, air, sunlight, and amenity of a standard no lower than would result from such requirements.

b.

When a permitted main building to be used as a dwelling is to be located on the same lot with, and to the rear of, a permitted nonresidential building (including a building with commercial uses on the ground floor and residential uses above), each such building shall be independently provided with all required front, side, and rear yards, and required lot area; and the distance between such buildings shall not be less than twice the required rear yard depth.

c.

When a permitted main building to be used as a dwelling is to be located on the same lot with and beside a permitted nonresidential building, required front, side and rear yards shall be provided between each building and assumed lot lines shown upon the building permit application.

Where two (2) or more main buildings for other than residential uses are proposed to be built upon property in one (1) ownership, front, side, and rear yards are required only at lot lines abutting other property.

(1)

Except for fences, walls, accessory structures, and specific features as described below or elsewhere in this ordinance, no building or structure, nor any above-grade portion thereof, including, without limitation, decks extending upward by more than thirty (30) inches above existing grade, shall be permitted within the required front, side, or rear setback areas.

(2)

Where a side or rear yard is adjacent to a street, the side or rear yard requirement shall be the same as the distance specified for front yard setback.

(3)

Where a side or rear yard of a structure is adjacent to a park, cemetery, or other permanent public open space, all but ten (10) feet of the required yard may be measured from the center of said open space.

(4)

Mechanical equipment less than six (6) feet in height and otherwise permitted within the required, side, or rear yard shall be screened from view with fencing and/or landscaping.

(5)

No advertising display or other type of sign, merchandise, vending machines, or charitable donation collection boxes shall be located within any required front, side, or rear yard.

(6)

Structures, such as fences, and landscape walls, may project into required side and rear yards provided that they do not exceed seven (7) feet in height. Corner lots and locations adjacent to driveways shall comply with the requirements of section VI-J and VI-K. In all other instances fences, landscape walls, and other hardscape features may project into required front yards provided they do not exceed four (4) feet in height above existing grade. Structures of any kind such as, without limitation, sheds, swimming pools, and mechanical equipment greater than four (4) feet in height above existing grade shall be prohibited in the front yard setback.

(7)

Porches, porticos, stoops, external stairways or steps attached to a principal structure, whether roofed or unroofed, may project into up to fifty (50) percent of the required front yard setback, provided, however, that no such projection shall exceed more than thirty (30) percent of the width of that façade of the principal structure to which such feature is attached.

(8)

Any accessory structure not requiring a building permit under the state building code shall require that the owner or applicant obtain a "letter permit" from the zoning administrator to ensure compliance with applicable provisions of this ordinance including, without limitation, setbacks, height, and lot-coverage requirements hereof.

(9)

An accessory building attached to a principal building shall comply in all respects with the yard requirements of this ordinance for the principal building, and shall not interfere in any way with access to parking spaces in off street parking areas.

{10)

Except where used as an Accessory dwelling unit (ADU) as defined in this ordinance, a detached accessory building or structure within the side or rear-yard setbacks shall conform to the following provisions, in addition to any other provisions of this ordinance. It shall:

a.

Be set back from all streets by the required front yard distance for the district in which it is located;

b.

Be set back at least six (6) feet from any side and rear lot line and also at least ten (10) feet from any lawfully existing principal building or structure located on an abutting lot;

c.

Separated from the principal building or structure on the subject lot a minimum of three (3) feet; and

d.

Cover no more of the ground than an area measuring five hundred twenty-eight (528) square feet and have no wall length exceeding more than twenty-four (24) feet, nor shall it exceed fifteen (15) feet in height.

e.

Garages or other such accessory structures, whether attached or detached, that exceed the above dimensions shall conform to the height, front, side and rear yard setback requirements applicable to accessory buildings or structures in the zoning district w here located.

f.

In-ground and above-ground pools shall be located in the side or rear yard only, and not in the front setback, and are subject to the six (6) foot lot-line setback restrictions as herein stated but need not be located at least ten (10) feet from any lawfully existing principal building or structure located on an abutting lot.

(11)

Any accessory structure that is used as a detached Accessory dwelling unit (ADU), shall comply with dimensional controls (setbacks, lot coverage, etc.) applicable to the principal dwelling on the lot in the zoning district where it is located, except as otherwise provided under Section XXII-B.

(Ord. of 12-8-03, § 3; Ord. of 8-30-21(1); Ord. of 1-27-25(1))

In all zoning districts, excluding special overlay zoning districts, all proposed new principle structure(s) are permitted to maintain the established frontyard setback relationship of adjacent structures to the street.

The established frontyard setback shall be determined by averaging the frontyard setbacks of the two (2) adjacent principle structures on each side of the subject lot measured from the front building wall of the adjacent structures to the property line along the street. For the purposes of this provision, lots shall be deemed to be adjacent even if separated by a street or public easement. For lots located at the end of existing or proposed streets, all new structures are permitted to conform to the established frontyard setback of the two (2) adjacent principle structures on the same side of the street.

All expansions and or additions to pre-existing non-conforming principle structure(s), including the demolition and rebuilding of pre-existing non-conforming structures, that propose reconstructing or extending the structure(s) into the established frontyard setback of the street shall require a special permit for non-conformities from the zoning board of appeals.

(Ord. of 9-14-04, § 2)

Editor's note— Section 2 of an ordinance adopted Dec. 8, 2003, deleted § VI-G which pertained to usable open space requirements and derived from the original zoning ordinance adopted Nov. 30, 1987. Subsequently, an ordinance adopted September 14, 2004 added a new § VI-G to read as herein set out.

Dimensional controls shall apply to buildings located in the floodplain overlay district. Additional regulations are contained in subsequent sections of this ordinance.

(Ord. of 6-25-12(2))

The height limitations as set forth in the table of dimensional controls shall not apply to chimneys, ventilators, skylights, water tanks, bulkheads, elevators, and other accessory additions which are required or are customarily carried above the roofs of buildings, nor to towers, spires, domes, cupolas, and similar additions to buildings if such additions are not used for living purposes, and if such structures occupy not more than ten (10) percent of the ground floor of the building. Additionally, all farm accessory structures are exempt from the height requirements of this ordinance. In no instance shall any such structure extend more than ten (10) feet above the highest point of the structure on which it is proposed to be attached unless required by building and safety codes.

Accessory buildings or structures used for accessory purposes in all residential (R) districts beyond those permitted in section VI-F shall not exceed a height of twenty (20) feet.

(Ord. of 8-30-21(1))

Along property lines abutting intersecting streets and for a distance of twenty (20) feet from their point(s) of intersection (or in the case of a rounded corner, the point of intersection of their tangents) no building or structure in any district may be erected and no vegetation other than shade trees may be maintained between a height of three (3) feet and seven (7) feet above the plane created by street pavement. For work on properties within zoning districts providing for zero lot line setbacks, this requirement may be waived upon written approval of the city engineer after consultation with the zoning administrator.

(Ord. of 8-30-21(1))

A fence, hedge, wall, sign or other structure or vegetation may be maintained on any lot provided that in the front yard area, no such structure or vegetation shall be over two and one-half (2½) feet in height above the adjacent ground within five (5) feet of the front lot line unless it can be shown that such vegetation or structure will not restrict visibility in such a way as to hinder the safe entry of a vehicle from any driveway to the street. This section shall apply to new construction only.

A.

Screening and space buffers shall be required in any industry or business which abuts residential districts. The minimum width of this strip shall be ten (10) feet.

The strip shall contain a screen of plantings of vertical habit not less than three (3) feet in width and six (6) feet in height at the time of occupancy of such lot. Individual shrubs or trees shall be planted not more than twenty (20) feet on center, and shall thereafter be maintained by the owner or occupants so as to maintain a dense screen year round. At least fifty (50) percent of the planting shall consist of evergreens and they shall be evenly spaced. A solid wall or fence, five (5) to six (6) feet in height, complemented by suitable plantings, may be substituted for such landscaped buffer strip. No screen shall be closer than ten (10) feet to a public or private way.

B.

Screening and space buffers shall not be required along boundary between the land in use as shopping center and land zoned for residential use but not currently in residential use.

(Ord. of 4-28-97)

Solely outside of the Downtown Overlay District (DOD), where awnings require review and approval as provided under section XXVII of this ordinance, awnings for business or industry shall be allowed by right in any district. They may extend from the building a maximum of five (5) feet and the lowest point of the awning or supporting structure must be at least seven (7) feet, six (6) inches above the average finished grade of the area which the awning is intended to shelter. The awning may contain the name of the business or industry, but no other advertising.

(Ord. of 8-30-21(1))

In no case shall any building or structure be permitted within fifty (50) feet of the embankment of any open stream.

No building or structure shall be permitted within fifty (50) feet of the high water mark of the Merrimack River unless said structure is a water dependent/related use as defined in section XVIII-B of this ordinance.

When said structure is a water dependent/related use, there shall be no setback requirement from the high water mark of the Merrimack River.

(Ord. of 3-28-88(2), § 8)

Any outdoor recreational facility shall be set back from all property lines by one-half of the required yard on the adjoining property or twenty-five (25) feet, whichever is greater. This provision shall not apply to an outdoor recreational facility that (a) is accessory to a single-family or two-family dwelling, or (b) is treated as a building for setback purposes because it is enclosed for portions of the year by a retractable or mobile enclosure system.

(Ord. of 11-13-23(7))