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1 Existing Zoning Bylaw Draft Zoning Bylaw 2021 Section 1000

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1 Existing Zoning Bylaw Draft Zoning Bylaw 2021 Section 1000 1 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 SECTION 1000. PURPOSE AND AUTHORITY 1 PURPOSE AND AUTHORITY 1100 PURPOSE. The purpose of this By-Law is to 1.1 TITLE implement the zoning powers granted to the Town of This Bylaw shall be known and may be cited as the "Zoning Tewksbury under the Constitution and Statutes of the Bylaw of the Town of Tewksbury, Massachusetts," (this Commonwealth of Massachusetts and includes, but is Bylaw). not limited to, the following objectives: (a) [p.1] encouraging the most appropriate use of land; (b) promoting the health, general welfare of the inhabitants of the Town; (c) preventing overcrowding of land; (d) securing safety from fire, flood, panic and other dangers; (e) sustaining the economic viability of 1.2 PURPOSES the community; (f) balancing private property rights This Bylaw is enacted in order to promote the general with the greater common good; (g) lessening welfare of the Town of Tewksbury (Town); to protect the congestion of traffic; (h) assisting in the economical health and safety of its inhabitants; to support the most provisions of transportation, water, sewerage, appropriate use of land throughout the Town: to further the schools, parks and other public facilities; (i) goals of the Tewksbury Master Plan: and to preserve and encouraging housing for persons of all income levels; increase the amenities of the Town, all as authorized but not (j) preserving and enhancing the development of the limited by the provisions of the Massachusetts Zoning Act, natural, scenic, aesthetic qualities of the Town; and G.L. c. 40A, as amended, and Section 2A of Chapter 808 of (k) giving consideration of the recommendations of the Acts of 1975. [p.1] any special studies and master plans. [p.11] 1200 AUTHORITY. This Zoning By-Law is enacted in 1.3 AUTHORITY accordance with the provisions of the Massachusetts This Bylaw is enacted under the authority of Article 89 of the General Laws, Chapter 40A, and any and all Amendments to the Constitution of the Commonwealth of amendments thereto. [p.11] Massachusetts (Commonwealth) and in accordance with G.L. [p.1] c 40A, as amended. 1300 SCOPE. For these purposes, the construction, repair, [Not necessary given the applicability clause of Section 1.4] alteration, reconstruction, height, number of stories, and size of buildings and structures, the size and width of lots, the percentage of lot area that may be occupied, the size of yards, courts, and other open Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 2 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 spaces, the density of population, and the location and use of buildings, structures, and land in the Town of Tewksbury are regulated as hereinafter provided. [p. 11] 1400 APPLICABILITY. All buildings or structures hereinafter 1.4 APPLICABILITY erected, reconstructed, altered, enlarged, or moved, All buildings or structures erected, constructed, and the use of all premises in the Town of Tewksbury, reconstructed, altered, enlarged, or modified, and the use of shall be in conformity with the provisions of the all premises in the Town, after the effective date of this Zoning By-Law. No building, structure or land shall be Bylaw shall conform with the provisions of this Bylaw. No used for any purpose or in any manner other than is building, structure, or land shall be used for any purpose or expressly permitted within the district in which such in any manner other than as expressly permitted within the building, structure or land is located. Where the district in which it is located. Where this Bylaw imposes application of this By-Law imposes greater greater restrictions than those imposed by any other restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants, or regulations, permits, restrictions, easements, agreements, the provisions of this Bylaw shall control. [p.1] covenants, or agreements, the provisions of this By-Law shall control. [p.11] 1500 AMENDMENTS. This By-Law may from time to time 1.5 AMENDMENT be changed by amendment, addition, or repeal by the This Bylaw may from time to time be changed by Town Meeting in the manner provided in M.G.L. c. amendment, addition, or repeal by the Town Meeting in the 40A, s. 5, and any amendments thereto. [p.11] manner provided for in G.L. c. 40A, § 5. [p.1] 1600 SEVERABILITY. The invalidity of any section or 1.6 SEVERABILITY provision of this By-Law shall not invalidate any other The invalidity of any section or provision of this Bylaw shall section or provision herein. [p.11] not invalidate any other section or provision. [p.1] SECTION 2000. DISTRICTS 4 ESTABLISHMENT OF DISTRICTS 2100 ESTABLISHMENT. For the purpose of this By-Law, the 4.1 For purposes of this Bylaw, the Town is divided into the Town of Tewksbury is divided into the types of zoning following districts: districts set forth below: Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 3 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 Residence 40 District (R40) 4.1.1 Use Districts Farming District (FA) Limited Business District (LB) A. Residential Commercial District (COM) 1. Farming (F) Transitional District (TR) 2. Residence 40 (R40) Park District (P) 3. Multifamily (MF) Municipal District (MN) 4. Village Residential (VR) Multiple Family District (MFD) Multiple Family Dwelling/55 (MFD/55) B. Business Community Development District (CDD) 1. Town Center (TC) Heavy Industrial District (HI) 2. Mixed-Use Business (MUB) Heavy Industrial District 1 (HI1) 3. South Village Business (SB) Office/Research District (OR) 4. Westside Neighborhood Business (WNB) Westside Neighborhood Business (WNB) 5. General Business (GB) District 6. Limited Business (LB) C. Office-Industrial 1. Office-Research (OR) [p. 12] 2. Industrial 1 (I1) 3. Industrial 2 (I2) D. Other Districts 1. Park (P) 2. Transition (TD) [p.28] 2200 OVERLAY DISTRICTS. In addition, the following 4.1.2 Overlay Districts overlay districts are also hereby established: 6400 Wireless Communications Facilities A. Flood Plain (FP) District 7600 Multiple Family Dwellings in the Senior B. Ground Water Protection (GWP) District Village District/55 (SVD/55) C. Interstate Overlay (IO) District 8100 Flood Plain District D. Marijuana Dispensary Overlay (MD) District [p.29] 8300 Ground Water Protection District Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 4 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 8400 Interstate Overlay District 8500 Highway Corridor Overlay District 8600 Town Center Overlay District 8620 Village Residential Overlay District 8640 Village Mixed-Use Overlay District 8660 South Village Overlay District 8680 Community Village Overlay District [p.12] 2300 MAP. The districts identified in Section 2100 are 4.2 ZONING MAP shown, defined and bounded on the map Zoning districts are shown on a map entitled "Zoning Map of accompanying this By-Law entitled "Town of the Town of Tewksbury” (the Zoning Map) on file in the Tewksbury Zoning Map, Underlying Districts" (map 1 Office of the Town Clerk. The district boundaries shown on of 2) dated March 25, 2005, and on file with the Town the Zoning Map are part of this Bylaw. Changes to the Zoning Clerk. District boundaries are made the same way as amendments to the text of the Zoning Bylaw are made. The Zoning Map The overlay districts identified in Section 2200, with may include geographical features, streets, notations, and the exception of the Flood Plain District, are shown other information to keep the map current and to facilitate on a map accompanying this By-Law entitled “Town orientation. of Tewksbury Zoning Map, Overlay Districts” (map 2 of 2) dated March 25, 2005 and on file with the Town Clerk. The Flood Plain District includes all special flood The Flood Plain District includes all special flood hazard areas hazard areas within the Town of Tewksbury within the Town designated as Zone A and AE, on the designated as Zone A and AE, on the Middlesex Middlesex County Flood Insurance Rate Map (FIRM) issued County Flood Insurance Rate Map (FIRM) issued by by the Federal Emergency Management Agency (FEMA) for the Federal Emergency Management Agency (FEMA) the administration of the National Flood Insurance Program. for the administration of the National Flood Insurance The map panels of the Middlesex County FIRM that are Program. The map panels of the Middlesex County wholly or partially within the Town are panel numbers FIRM that are wholly or partially within the Town of 25017C0142E, 25017C0144E, 25017C0163E, 25017C0164E, Tewksbury are panel numbers 25017C0142E, 25017C0276F, 25017C0277F, 25017C0278F, 25017C0279F, 25017C0144E, 25017C0163E, 25017C0164E, 25017C0281F and 25017C0283F dated July 6, 2016; and 25017C0276F, 25017C0277F, 25017C0278F, 25017C0256F, 25017C0257F, and 25017C0259F dated July 6, Color Code: Green- No Comparable Clause Red- Section deleted in its entirety Blue- No Change to existing Section 5 EXISTING ZONING BYLAW DRAFT ZONING BYLAW 2021 25017C0279F, 25017C0281F and 25017C0283F dated 2016 or most recent maps as approved by FEMA. The exact July 6, 2016; and 25017C0256F, 25017C0257F, and boundaries of the District may be defined by the 100-year 25017C0259F dated July 6, 2016 or most recent maps base flood elevations shown on the FIRM and further defined as approved by FEMA. The exact boundaries of the by the Middlesex County Flood Insurance Study (FIS) report District may be defined by the 100-year base flood dated July 6, 2016 or most recent maps approved by FEMA. elevations shown on the FIRM and further defined by The FIRM and FIS report are incorporated herein by the Middlesex County Flood Insurance Study (FIS) reference and are on file with the Town Clerk, Planning report dated July 6, 2016 or most recent maps Board, Building Commissioner, Conservation Commission approved by FEMA.
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