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Chapter 30: Zoning Ordinance

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Chapter 30: Zoning Ordinance Updated 02-28-20 Newton City Ordinances Volume II Newton, Massachusetts Chapter 30: Zoning Ordinance December 31, 2017 PAGE INTENTIONALLY LEFT BLANK ii Chapter 30: Zoning Ordinance | Newton, Massachusetts Table of Contents Article 1. General Provisions .......................1-1 Article 6. Use Regulations ......................... 6-1 Sec. 1.1. Short Title ......................................................... 1-2 Sec. 6.1. Use Determination ............................................6-3 Sec. 1.2. Purpose of Chapter .......................................... 1-2 Sec. 6.2. Residential Uses ............................................... 6-3 Sec. 1.3. Zoning Districts Established ............................. 1-2 Sec. 6.3. Civic/Institutional Uses .................................. 6-6 Sec. 1.4. Legal Status Provisions .................................... 1-3 Sec. 6.4. Commercial Uses ........................................... 6-10 Sec. 1.5. Rules of Measurement ...................................... 1-4 Sec. 6.5. Industrial Uses ................................................ 6-14 Sec. 6.6. Open Space Uses .......................................... 6-16 Article 2. Public Use & Open Space Districts 2-1 Sec. 6.7. Accessory Uses ............................................. 6-17 Sec. 2.1. Zoning District Intent ........................................ 2-2 Sec. 6.8. Temporary Uses ............................................. 6-22 Sec. 2.2. District Dimensional Standards ........................ 2-2 Sec. 6.9. Wireless Communication Equipment ............. 6-24 Sec. 2.3. Allowed Uses .................................................... 2-3 Sec. 6.10. Restricted Uses ............................................ 6-30 Article 3. Residence Districts .....................3-1 Article 7. Administration ...............................7-1 Sec. 3.1. Single Residence Districts .............................. 3-2 Sec. 7.1. Development Review Bodies ........................... 7-2 Sec. 3.2. Multi-Residence Districts ................................ 3-12 Sec. 7.2. Amendments .................................................... 7-3 Sec. 3.3. Other Residence Options ...............................3-24 Sec. 7.3. Special Permit Review ......................................7-3 Sec. 3.4. Allowed Uses ................................................. 3-26 Sec. 7.4. Site Plan Approval .......................................... 7-13 Article 4. Business, Mixed Use & Manufacturing Sec. 7.5. Administrative Site Plan Review ..................... 7-14 Districts ...................................................... 4-1 Sec. 7.6. Variances ........................................................7-16 Sec. 4.1. Business Districts ............................................. 4-2 Sec. 7.7. Appeals ......................................................... 7-18 Sec. 4.2. Mixed Use Districts ........................................ 4-10 Sec. 7.8. Nonconformities ............................................. 7-20 Sec. 4.3. Manufacturing Districts ................................. 4-16 Sec. 7.9. Enforcement and Penalties ............................ 7-26 Sec. 4.4. Allowed Uses .................................................. 4-18 Article 8. Defi nitions ...................................8-1 Article 5. Development Standards ............. 5-1 Sec. 8.1. In General .........................................................8-2 Sec. 5.1. Parking and Loading ........................................ 5-2 Sec. 8.2. Abbreviations ................................................... 8-2 Sec. 5.2. Signs ............................................................... 5-15 Sec. 8.3. Defi ned Terms .................................................. 8-3 Sec. 5.3. Stormwater Management .............................. 5-24 Sec. 5.4. Fences & Retaining Walls ...............................5-24 Sec. 5.5. Landscaping .................................................. 5-24 Sec. 5.6. Great Ponds ................................................... 5-24 Sec. 5.7. Noise .............................................................. 5-24 Sec. 5.8. Outdoor Lighting ............................................ 5-24 Sec. 5.9. Tree Protection ................................................ 5-24 Sec. 5.10. Floodplain, Watershed Protection ................ 5-25 Sec. 5.11. Inclusionary Zoning ...................................... 5-25 Sec. 5.12. Environmental Standards in the Manufacturing Distirct ............................................................................ 5-31 Chapter 30: Zoning Ordinance | Newton, Massachusetts PAGE INTENTIONALLY LEFT BLANK Chapter 30: Zoning Ordinance | Newton, Massachusetts Article 1. General Provisions Sec. 1.1. Short Title ......................................1-2 Sec. 1.2. Purpose of Chapter ......................1-2 Sec. 1.3. Zoning Districts Established .........1-2 1.3.1. Establishment ........................................................ 1-2 1.3.2. Offi cial Zoning Map ............................................... 1-2 1.3.3. Interpretation of District Boundaries ......................1-3 Sec. 1.4. Legal Status Provisions ................1-3 1.4.1. Effective Date ........................................................ 1-3 1.4.2. Applicability to Public Service Corporations ......... 1-3 1.4.3. Confl icting Provisions ............................................ 1-3 1.4.4. Validity ................................................................... 1-4 1.4.5. Effect of Invalidity .................................................. 1-4 Sec. 1.5. Rules of Measurement .................1-4 1.5.1. Building Types ....................................................... 1-4 1.5.2. Lot ..........................................................................1-5 1.5.3. Setback .................................................................. 1-6 1.5.4. Height .................................................................... 1-7 1.5.5. Floor Area ............................................................ 1-10 1.5.6. Build Factor ......................................................... 1-12 Chapter 30: Zoning Ordinance | Newton, Massachusetts 1-1 Article 1. General Provisions | Sec. 1.1. Short Title Sec. 1.1. Short Title Sec. 1.3. Zoning Districts Established This ordinance may be cited as the “City of Newton Zoning Ordinance.” 1.3.1. Establishment The City is hereby divided into districts, to be known Sec. 1.2. Purpose of Chapter respectively as follows: The provisions of this Chapter are ordained by the Public Use and Open Space Districts City for the purpose of promoting the health, safety, Public Use District convenience and welfare of its inhabitants by: Open Space/Recreation District A. Encouraging the most appropriate use of land, Residence Districts including the consideration of the comprehensive Single Residence 1 District plan adopted by the Planning Board and the City Single Residence 2 District Council; Single Residence 3 District B. Preventing overcrowding of land and undue Multi-Residence 1 District concentration of population; Multi-Residence 2 District Multi-Residence 3 District C. Conserving the value of land and buildings, Multi-Residence 4 District including the conserving of natural resources Business, Manufacturing & Mixed Use Districts and the preventing of blight and pollution of the Business 1 District environment; Business 2 District D. Effi ciently using and conserving of natural resources Business 3 District and energy; Business 4 District Business 5 District E. Lessening the congestion of traffi c; Manufacturing District F. Assisting in the adequate provision of transportation, Limited Manufacturing District water, sewerage, schools, parks, open spaces and Mixed Use 1 District other public facilities; Mixed Use 2 District G. Preserving and increasing the amenities and Mixed Use 3/Transit-Oriented District aesthetic qualities of the City; Mixed Use 4 District H. Encouraging housing for persons of all income Historic districts (which are not a part of zoning) may levels; apply to property in addition to the regulations in this Chapter 30. See Revised Ordinances, Chapter 22, I. Reducing hazards from fi re and other dangers; and Article III. J. Providing for adequate light and air. (Ord. No. S-260, 08/03/87; Ord. No. B-27, 04/01/19) (Rev. Ords. 1973 §24-2; Ord. No. 284, 06/19/78; Ord. No. Y-17, 05/21/07) 1.3.2. Official Zoning Map A. The districts are indicated on the plans entitled “City of Newton, Massachusetts, Amendments to Zoning Plans,” adopted July 21, 1951, as amended from time to time, and these plans and all explanatory matter on the plans are hereby made a part of this Chapter. All amendments of zoning plans adopted since July 21, 1951, however styled, shall be deemed to be amendments of such 1951 plans. 1-2 Chapter 30: Zoning Ordinance | Newton, Massachusetts Sec. 1.3. Zoning District Established | Article 1. General Provisions B. The location and boundaries of zoning districts affected by the decision may appeal to the Zoning established by this Chapter are also shown and Board of Appeals in the manner provided in Sec. maintained as part of the City’s Geographic 7.1.6. Information System (GIS). (Rev. Ords. 1973 §24-3; Ord. No. 190, 12/20/76) C. The zoning districts in the GIS constitute the City of Newton’s Offi cial Zoning Map and are part of Sec. 1.4. Legal Status Provisions this Chapter. All notations, references and other information shown shall have the same force and 1.4.1. Effective Date effect as if fully
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