Newton City Zoning Code
Complete index of all zoning chapters, sections, and subsections
ARTICLE I
- IN GENERAL
Sections
- Sec. 102-1.- Repeal of existing regulations.
- Sec. 102-2. - Effect on prior laws.
- Sec. 102-3. - Legislative authority.
- Sec. 102-4. - Intent and purpose.
- Sec. 102-5. - Title.
- Sec. 102-6. - Rules for construction of language.
- Sec. 102-7. - Definitions.
- Sec. 102-8. - Violations.
- Sec. 102-9. - Liability.
- Sec. 102-10. - Procedures upon discovery of violation.
- Sec. 102-11. - Penalties.
- Sec. 102-12. - Remedies; permit revocation.
- Sec. 102-13. - Severability.
- Sec. 102-14. - Conflict with other laws.
- Sec. 102-15. - Curative provision.
- Sec. 102-16. - Effective date.
- Sec. 102-17. - Area of coverage.
- Sec. 102-18. - Applicability to lands, water, structures, uses and occupancies.
- Sec. 102-19. - Compliance.
- Sec. 102-20. - Yard, area, open space, off-street parking and off-street loading space for one structure or use not to be used to meet requirements for another.
- Sec. 102-21. - Creation of new lots; reduction of lot or yard dimensions below minimum requirements prohibited.
- Sec. 102-22. - Reduction of required off-street parking or off-street loading space prohibited.
- Sec. 102-23. - Action where zoning lot contains two or more district designations.
- Sec. 102-24. - Required accessory uses on same zoning lot with same zoning.
ARTICLE II
ADMINISTRATION
Sections
- DIVISION 1. - GENERALLY
- Sec. 102-51. - Establishment of administrative officer.
- Sec. 102-52. - Powers and duties of planning director.
- Sec. 102-53. - Zoning clearance permit—Issuance; authority of planning director.
- Sec. 102-54. - Same—Required.
- Sec. 102-55. - Same—Contents of application.
- Sec. 102-56. - Certificate of occupancy.
- Sec. 102-57. - Administration and enforcement of performance standards—Intent.
- Sec. 102-58. - Same—Procedure where planning director can make determination.
- Sec. 102-59. - Same—Procedure where planning director cannot make final determination.
- Sec. 102-60. - Fees.
- Sec. 102-61. - Development approvals to run with the land.
- Sec. 102-62. - Permit revocation
- Sec. 102-63. - Appeals of administrative decisions
- Sec. 102-64. - Conflict of interest.
- DIVISION 2. - BOARD OF ADJUSTMENT
- Sec. 102-91. - Establishment.
- Sec. 102-92. - Composition.
- Sec. 102-93. - Tenure.
- Sec. 102-94. - Compensation.
- Sec. 102-95. - Powers.
- Sec. 102-96. - Meetings; rules of procedure; administration.
- Sec. 102-97. - Quorum and vote required.
- Sec. 102-98. - Application of variance power.
- Sec. 102-99. - Application of special use power.
- Sec. 102-100. - Application of interpretation power.
- Sec. 102-101. - Appeal stays further proceedings.
- Sec. 102-102. - Exceptions to stay of action.
- Sec. 102-103. - Appeals of board actions.
- DIVISION 3. - AMENDMENTS
- Sec. 102-121. - Intent.
- Sec. 102-122. - Initiation; limitations.
- Sec. 102-123. - Filing of applications.
- Sec. 102-124. - Contents of applications.
- Sec. 102-125. - Referral of application to planning commission.
- Sec. 102-126. - Public hearing and notice.
- Sec. 102-127. - Public hearing by council; notice.
- Sec. 102-128. - Referral of application to planning commission.
- Sec. 102-129. - Consistency; reasonableness.
- Sec. 102-130. - Withdrawal of application.
- Sec. 102-131. - Effect of denial on subsequent petitions.
- Sec. 102-132. - Fees.
- Sec. 102-133. - Comprehensive review of chapter.
ARTICLE III
OFFICIAL ZONING ATLAS
Sections
- Sec. 102-151.- Division of zoning jurisdiction into zoning districts and identification in official zoning atlas.
- Sec. 102-152. - Adoption.
- Sec. 102-153. - Inset maps.
- Sec. 102-154. - Other supplements.
- Sec. 102-155. - District regulations extend to all portions of districts surrounded by boundaries.
- Sec. 102-156. - Rules where there is uncertainty as to boundaries.
- Sec. 102-157. - Replacement.
- Sec. 102-158. - Authentication and location.
- Sec. 102-159. - Amendment, updating and authentication.
- Sec. 102-160. - Unauthorized changes prohibited.
- Sec. 102-161. - Final authority as to zoning status.
- Sec. 102-162. - Retention of earlier zoning maps or atlases.
- Sec. 102-163. - Copies.
- Sec. 102-164. - Maps.
- Sec. 102-165. - Incorporation by reference.
ARTICLE IV
SCHEDULES OF DISTRICT REGULATIONS
Sections
- Sec. 102-191.- Adoption.
- Sec. 102-192. - Authentication.
- Sec. 102-193. - Location.
- Sec. 102-194. - Amendment.
- Sec. 102-195. - Recording of nature and dates of amendments; authentication.
- Sec. 102-196. - Updating required.
- Sec. 102-197. - Unauthorized changes prohibited.
- Sec. 102-198. - Final authority as to district regulations.
- Sec. 102-199. - Retention of earlier schedules.
- Sec. 102-200. - Schedule of statements of intent.
- Sec. 102-201. - Schedule of permitted and permissible special uses by districts.
- Sec. 102-202. - Schedule of area, height, bulk, and placement regulations.
ARTICLE V
- APPLICATION OF AREA, HEIGHT AND PLACEMENT REGULATIONS
Sections
- Sec. 102-231.- Regulations encumbering land required to satisfy chapter requirements.
- Sec. 102-232. - Height regulations generally.
- Sec. 102-233. - Unusually tall structures.
- Sec. 102-234. - Accessory structures.
- Sec. 102-235. - Permitted projections into required setbacks.
- Sec. 102-236. - Averaging an existing residential front setback line.
- Sec. 102-237. - Visibility at intersections.
- Sec. 102-238. - Calculation of combined requirements or limitations.
- Sec. 102-239. - Lot dimensions and area; yards.
- Sec. 102-240. - Buildings to be located only on lot of record; access to lots.
- Sec. 102-241. - Open space and building spacing in residential districts, PD-H districts and other districts in which two-family and multiple family residential uses are permitted.
ARTICLE VI
SUPPLEMENTAL REGULATIONS
Sections
- Sec. 102-281.- Introduction.
- Sec. 102-282. - General requirements concerning arrangement and location of structures and landscaping; access.
- Sec. 102-283. - Limitations on lots not platted in accordance with regulations.
- Sec. 102-284. - Construction trailers as temporary offices.
- Sec. 102-285. - Model dwelling units.
- Sec. 102-286. - Portable accessory storage.
- Sec. 102-287. - Repair of automobiles or motor vehicles in residential districts.
- Sec. 102-288. - Location requirements for radio and television receiving dishes.
- Sec. 102-289. - Off-street parking in residential districts.
- Sec. 102-290. - Buffers and screening.
- Sec. 102-291. - Screening of open storage.
- Sec. 102-292. - Screening of mechanical equipment.
- Sec. 102-293. - Central solid waste storage area.
- Sec. 102-294. - Animal hospitals and veterinary clinics.
- Sec. 102-295. - Drive-in theaters.
- Sec. 102-296. - Mini-warehouses.
- Sec. 102-297. - Home occupations.
- Sec. 102-298. - Enclosed compartmentalized storage.
- Sec. 102-299. - Manufactured home appearance criteria.
- Sec. 102-300. - Limitations for land use intensity ratings applications.
- Sec. 102-301. - Landscaping required.
- Sec. 102-302. - Telecommunications towers/alternative tower structures.
- Sec. 102-303. - Home offices.
- Sec. 102-304. - Training facilities.
- Sec. 102-305. - Lounges and nightclubs as principal use.
- Sec. 102-306. - Pedestrian access and circulation.
- Sec. 102-307. - Minimum building appearance criteria for non-residential building.
ARTICLE VII
SIGNS
Sections
- Sec. 102-341.- Intent.
- Sec. 102-342. - Signs subject to control; exceptions.
- Sec. 102-343. - Signs not subject to control.
- Sec. 102-344. - Traffic safety precautions.
- Sec. 102-345. - Prohibited locations.
- Sec. 102-346. - Restriction on direct illumination.
- Sec. 102-347. - Zoning clearance permit required.
- Sec. 102-348. - Temporary signs.
- Sec. 102-349. - Nonconforming signs.
- Sec. 102-350. - Off-premises sign regulations.
- Sec. 102-351. - Portable signs prohibited.
- Sec. 102-352. - Off-premises directional signs.
- Sec. 102-353. - Removal.
- Sec. 102-354. - Subdivision name markers.
- Sec. 102-355. - Maintenance.
- Sec. 102-356. - Schedule.
ARTICLE VIII
NONCONFORMITIES
Sections
- Sec. 102-381.- Classification.
- Sec. 102-382. - Intent concerning nonconformities generally.
- Sec. 102-383. - Intent concerning nonconforming uses.
- Sec. 102-384. - Special uses not to be considered nonconforming.
- Sec. 102-385. - Nonconforming lots.
- Sec. 102-386. - Nonconforming uses of land without structures or with minor structures.
- Sec. 102-387. - Nonconforming uses of major structures, or structures and premises in combination.
- Sec. 102-388. - Nonconforming structures other than signs.
- Sec. 102-389. - Nonconforming signs.
- Sec. 102-390. - Nonconforming characteristics of use.
- Sec. 102-391. - Unsafe nonconforming structures.
- Sec. 102-392. - Repair and maintenance of structures containing nonconforming uses.
ARTICLE IX
OFF-STREET PARKING AND LOADING
Sections
- Sec. 102-421.- Intent.
- Sec. 102-422. - Off-street parking required.
- Sec. 102-423. - Compliance with regulations.
- Sec. 102-424. - Methods of providing required parking.
- Sec. 102-425. - Joint use facilities and shared parking.
- Sec. 102-426. - Number of required off-street parking spaces.
- Sec. 102-427. - Determinations for unlisted uses.
- Sec. 102-428. - Off-street parking space standards.
- Sec. 102-429. - Landscaping standards for off-street parking.
- Sec. 102-430. - Required off-street loading space.
- Sec. 102-431. - Determination of unlisted uses.
- Sec. 102-432. - Off-street loading space standards.
ARTICLE X
- SPECIAL USES
Sections
- Sec. 102-461.- Intent.
- Sec. 102-462. - General standards.
- Sec. 102-463. - Establishment of classes of special uses; authority to approve or disapprove.
- Sec. 102-464. - Procedure for submission and consideration of applications for approval.
- Sec. 102-465. - Imposed conditions.
- Sec. 102-466. - Contents of application for approval.
- Sec. 102-467. - Minor changes to be approved by planning director; modifications to require action by approving body.
- Sec. 102-468. - Standards applicable to individual special uses.
ARTICLE XI
PLANNED DEVELOPMENT
Sections
- Sec. 102-491.- Districts, generally.
- Sec. 102-492. - Definition.
- Sec. 102-493. - Relation of PD regulations to general zoning, subdivision or other regulations; modifications on equal satisfaction of public purposes.
- Sec. 102-494. - Procedures and standards for establishing PD district; location.
- Sec. 102-495. - Procedures for PD amendments.
- Sec. 102-496. - Applications; materials to be submitted.
- Sec. 102-497. - Preliminary review of application.
- Sec. 102-498. - Preliminary conferences with applicant.
- Sec. 102-499. - Planning director's recommendations.
- Sec. 102-500. - Actions by council; development agreements.
- Sec. 102-501. - Planning director's action on final plans.
- Sec. 102-502. - Changes in approved preliminary plans.
- Sec. 102-503. - Final plan approval as administrative action.
- Sec. 102-504. - Expiration of time limits on PD amendments.
- Sec. 102-505. - Planned development housing (PD-H) districts.
- Sec. 102-506. - Planned development shopping center (PD-SC) districts.
- Sec. 102-507. - Planned development office and institutional (PD-O&I) districts.
- Sec. 102-508. - Planned development mixed use (PD-MU) districts.
- Sec. 102-509. - Planned development industrial park (PD-IP).
- Sec. 102-510. - Planned development continuing care retirement community (PD-CCRC) districts.
ARTICLE XIV
SPECIAL PUBLIC INTEREST SPI DISTRICTS
Sections
- DIVISION 1. - GENERALLY
- Sec. 102-621. - Intent.
- Sec. 102-622. - Effect of district designation.
- Sec. 102-623. - Recommendations for creation of district—Preparation by planning director.
- Sec. 102-624. - Same—Statement of intent.
- Sec. 102-625. - Same—Proposed district boundaries and effect on existing zoning.
- Sec. 102-626. - Same—Proposed regulations.
- Sec. 102-627. - Special review and approval requirements.
- Sec. 102-628. - Alteration of general district regulations—Authorized and required alterations.
- Sec. 102-629. - Same—Recording of alterations.
- Sec. 102-630. - Same—Alteration not variance.
- Sec. 102-631. - Amendments.
- DIVISION 2. - HIGHWAY CORRIDOR PROTECTION DISTRICTS
- DIVISION 3. - WATERSHED PROTECTION OVERLAY DISTRICT
- Sec. 102-671. - Intent.
- Sec. 102-672. - Effect of district designation.
- Sec. 102-673. - Boundaries.
- Sec. 102-674. - Effect on general district regulations.
- Sec. 102-675. - Permitted and prohibited uses.
- Sec. 102-676. - Density.
- Sec. 102-677. - Cluster development.
- Sec. 102-678. - Buffer areas.
- Sec. 102-679. - Exemptions and modifications to applicability.
- Sec. 102-680. - Additional contents of application for zoning clearance permit.
- Sec. 102-681. - Special procedures applicable to high density development.
- Sec. 102-682. - Stormwater control structures.
- Sec. 102-683. - Appeals.
- Sec. 102-684. - Definitions.
- DIVISION 4. - U.S. HIGHWAY 321 CORRIDOR OVERLAY DISTRICT
- Sec. 102-691. - Intent.
- Sec. 102-692. - District boundaries.
- Sec. 102-693. - Applicability of requirements.
- Sec. 102-694. - Appeals.
- Sec. 102-695. - Definitions.
- Sec. 102-696. - Permitted uses generally.
- Sec. 102-697. - Permitted uses in 321-ED(MX) district.
- Sec. 102-698. - 321-ED(I) districts.
- Sec. 102-699. - Prohibited uses.
- Sec. 102-700. - General development plan required; minimum parcel size; subdivisions.
- Sec. 102-701. - New residential development.
- Sec. 102-702. - Existing residential uses and structures.
- Sec. 102-703. - Review of general development plan.
- Sec. 102-704. - Changes to general development plan.
- Sec. 102-705. - Submittal requirements for general development plan.
- Sec. 102-706. - Site design and improvement standards.
- Sec. 102-707. - Circulation system design.
- Sec. 102-708. - Landscaping, buffering and screening.
- Sec. 102-709. - Pedestrian design.
- Sec. 102-710. - Parking.
- Sec. 102-711. - Signs.
- Sec. 102-712. - Site appearance.
- Sec. 102-713. - Mixed use development provisions (321-ED(MX) district only).
- Sec. 102-714. - Additional mixed use development standards.
- Sec. 102-715. - Zero lot line development.
- Sec. 102-716. - Multifamily projects.
- Sec. 102-717. - Nonresidential uses.
- Sec. 102-718. - Parking requirements.
- DIVISION 5. - SAINT PAULS OVERLAY DISTRICT
- Sec. 102-721. - Saint Pauls Overlay District—Intent.
- Sec. 102-722. - Same—Boundaries.
- Sec. 102-723. - Same—Applicability.
- Sec. 102-724. - Same—Uses.
- Sec. 102-725. - Same—Site plan required.
- Sec. 102-726. - Same—Site standards.
- Sec. 102-727. - Same—Commercial, office and institutional building design standards/site standards.
- Sec. 102-728. - Same—Industrial building design standards/site standards.
- Sec. 102-729. - Same—Residential use and design standards.
- Sec. 102-730. - Same—Driveway connection/access management.
- Sec. 102-731. - Same—Streetscape landscaping.
- Sec. 102-732. - Same—Buffering and screening.
- Sec. 102-733. - Same—Landscaping of parking areas.
- Sec. 102-734. - Same—screening of parking areas.
- Sec. 102-735. - Same—Parking.
- Sec. 102-736. - Same—Pedestrian design.
- Sec. 102-737. - Same—Lighting.
- Sec. 102-738. - Same—Signs.
- Sec. 102-739. - Same—Definitions.
- DIVISION 6. - DOWNTOWN CORE OVERLAY DISTRICT
- Sec. 102-745. - Downtown core overlay district—Intent.
- Sec. 102-746. - Same—Boundaries.
- Sec. 102-747. - Same—Applicability.
- Sec. 102-748. - Same—Uses.
- Sec. 102-749. - Same—Design standards.
- Sec. 102-750. - Same—Definitions.
- Sec. 102-751. - Same—Accent lighting.
- Sec. 102-752. - Same—Window signs.
- Sec. 102-753. - Same—Utilities.
- Sec. 102-754. - Same—Historic structures.
- Sec. 102-755. - Same—Alternative means of compliance.