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Updated January 18, 2011 Chapter 30 ZONING Art. I. In General S0ec.i.nitions Sec. 30-2. Purpose of Chapter; short title Sec. 30-3. Determination of district boundary lines Sec. 30-4. Division of City into districts Sec. 30-5. Allowed uses, special permits, prohibitions in all districts Art. II. Use Regulations Division 1. Public Use Districts and Open Space/Recreation Districts Sec. 30-6. Allowed uses for Public Use Districts Sec. 30-7. Open Space/Recreation Districts Division 2. Residential Districts Sec. 30-8. Use regulations for Single Residence Districts Sec. 30-9. Multi-Residence Districts S0e-.s.erved. Division 3. Business, Mixed Use, and Manufacturing Districts Sec. 30-11. Business Districts S0e-.2. ufactuDiitricts Sec. 30-13. Mixed Use Districts S0e-.s.erved. Division 4. Density and Dimensional Controls Sec. 30-15. Density/dimensional requirements Sec. 30-15. Density/dimensional tables Sec. 30-16. Requirements for dormitories Sec. 30-17. Alteration of attached garage Sec. 30-18. Permission for heliports Sec. 30-18A.Wireless Communications Art. III. Parking and Loading Facilities Sec. 30-19. Parking and loading requirements Sec. 30-20. Signs and other advertising devices Sec. 30-21. Applicability to existing buildings; nonconforming uses Art. IV. Zoning Administration S0e-.s.erved. Sec. 30-23. Site Plan Approval Sec. 30-24. Special Permits Art. V. Miscellaneous Sec. 30-25. Applicability to public service corporations Sec. 30-26. Alteration of structure when lot size/shape is changed Art. VI. Zoning Board of Appeals Sec. 30-27. Zoning Board of Appeals Art. VII. Miscellaneous; Enforcement S0e-.8.endments Sec. 30-29. Effect of prior permit Cross references—Buildings, Ch. 5; licensing and permits generally, Ch. 17; planning and development, Ch. 22; public works department, Ch. 25; street and sidewalks, Ch. 26; water, sewers and drains, Ch. 29 Chapter 30 – page 1 NEWTON CODE ONLINE — ZONING § 30-1 Sec. 30-30. Effect of invalidity of part of chapter Sec. 30-31. Enforcement Sec. 30-32. Penalty Sec. 30-33. Other regulations Sec. 30-24. Keno Sec. 30-35. Adult entertainment uses ARTICLE I. IN GENERAL Sec. 30-1. Definitions. Accessoryapartment : A separate dwelling unit located in a building originally constructed as a single family or two family dwelling or in a detached building located on th e same lot as the single family or two family dwelling, provided that such separate dwelling unit has been established pursuant to the provisions of section 30-8(d) and 30-9(h) of this ordinance. Accessorypurpose : As applied to buildings or structures, a use in conjunction with an existing building on the same or an adjoining lot. Accessorysign : See Sign, accessory. Affordable rental housing unit: A dwelling unit whose monthly rent is not greater than 30% of 80% of the median family income for Metropolitan Boston divided by 12, or as otherwise defined by the Newton Housing Authority. Apartmenh t ouse : The same as “Multi-family dwelling.” Association of persons: A group of five (5) or more persons eighteen (18) years of age or older, who are unrelated by blood, marriage or adoption; provided that an association of persons as he rein defined shall not be deemed to constitute a “family” within the meaning of this ordinance. Attacheddwelling : See Dwelling, attached. Attic: The space in a building between the ceiling joists of the top full story and the roof rafters. Basement : Any story in a building in which two-thirds (2/3rds) or more of the distance between the floor and the ceiling next above it is below the average grade plane ad jacent to the building. However, in the case of one- and two-family residential uses, any st ory in a building in whic h one-half (1/2) or more of the distance between the floor and the ceiling next above it is below the average grade plane adjacent to the building. Berm: A mound of earth used for decorative, screening, or buffering purposes. Boarder : The same as “Lodger”. Boardinghouse : The same as “Lodging house”. Build factor: A mathematical formula which limits the irregularity of the lot shape. Building : A structure, including alterations, enlargements, and extensions thereto, built, erected, or framed of any combination of materials having a roof, whether portable or fixed, designed or intended for the shelter of persons, animals, or the storage of property. Chapter 30 – page 2 NEWTON CODE ONLINE — ZONING § 30-1 Buildingn, on-conforming : A building the use or construction of which does not conform in whole or in part to the use or construction regulationsof the district in which the building is located. Buildingsize : In determining the building size with regard to accessory apartments, the building size shall be determined as follows: (a) gross floor area on ground floor, upper floors, finished attic and living area in basement used for living, sleeping, eating or cooking purposes, including closet s and hallways, as determined by the assessing department unless otherwise indicate d on floor plans prepared by a rgistered professional architect; (b) existing unfinished space in basements and attics which would be finished for use as an accessory apartment shall be consideredin the building size; (c) existing space on porches shall not be included except asfollows: If the accessory apartment is to be located in space previously used for a porch, the building size shall include that in the primary dwelling structure plus that space to used for the accessory apartment on the porch; (d) existing space in attached or detached garages shall not be included except as follows: if the accessory apartment is to be located in a detached structure, the building size shall include that in the primary dwelling structure plus that space to be used for the accessory apartment in the detached structure; (e) floor space in an attic, if used to meet minimum bu ilding size or apartment size, must meet State Building Code requirements for floor to ceiling he ight as specified in section 2101.6. Businessestablishment : Each separate place of business whether or not consisting of one or more buildings or a part of a building or vacant land. Businessstable : A building or part of a building in which one (1) or more horses are kept and used in connection with the business of the owner or tenant for other purposes than sale, rent or hire. Carwash : An establishment for washing automobiles where three (3) or more vehicles may be washed simultaneously. Child care home, family: As defined and licensed under G.L. c. 28A,a private residence which on a regular basis receives for temporary custody and care not more than six (6) children at a time. Child care home, large family: As defined and licensed under G.L. c. 28A, a private residence which on a regular basis receives for temporary custody and care up to and including ten (10) children at a time. Club : Any organization of persons havinga common purpose, provided that sa id purpose is not a profit venture. Clubhouse : Any building or structure used, in whole or in part,by a club, provided that inresidence district zones such building or structure shall maintain the appearance of a residential building or structure of type and character similarly located within such zone an d further provided that the lot area covered by such building, structure, driveways and required parking sha ll not exceed fifty percent (50%). Commercialvehicle: Any vehicle, conveyance or piece of mechan ized equipment which is used to further any business, trade, profession or employment, and which m eets any one (1) or more ofthe following criteria: (a) There is affixed on it any writing or logo that designates an affiliation withany business, trade, profession or employment; Chapter 30 – page 3 NEWTON CODE ONLINE — ZONING § 30-1 (b) It is used to store in a manner or place that is visible from outside of the vehicles any tools, equipment, accessories, body height ex tensions or other things used to furt her any business, trade, profession or employment; (c) It is used to transport persons, th eir luggage, and/or their animals or other materials for any kind of fee or charge; (d) Its length is more than eighteen (18) feet; (e) Its width is more than seven (7) feet; (f) It has a mechanized dumping capability; (g) It has a plow blade or plow blade frame or other device attached thereto, or a plow blade or other device is stored on the premises. Common roof connector : An exterior roof surface on a two-family dwelling that meets all of the following requirements: (a) It extends over the common wall a minimum of twelve (12) feet over the interior space(s) in one dwelling unit and a minimum of twelve (12) feet over the interior space(s) in the other dwelling unit; (b) The roofing material over each dwelling unit has identical materials and color; (c) The roof surfaces do not have any vertical separation, subject to the following exceptions: (1) A dormer shall not be deemed a vertical separation; (2) A vertical separation between the roof surface of one dwelling unit and the roof surface of the other dwelling unit may be allowed if all of the following conditions are met: a) The difference between the mean grade slope of one dwelling unit and the mean grade slope of the other dwelling unit is more than three (3) feet; b) The vertical separation between the roof surf ace of one dwelling unit and the roof surface of the other dwelling unit does not exceed the difference between the mean grade slope of each of the two dwelling units; c) The roof surfaces may have varied roof slopes, but if so , they shall conform to the requirements stated in subsections (c)(2)a) and b) above. (d) It is designed to give the appearance thatit connects the two dwelling units to each other. Common wall connector: An interior wall that is shared by and sep arates the two dwelling units of a two-family dwelling and meets all of the following requirements: (a) It is no less than twelve (12) feet in length; (b) It exists at the ground story level and is at least one (1) story in height; (c) It separates enclosed interior space(s) in each of the dwelling units; Chapter 30 – page 4 NEWTON CODE ONLINE — ZONING § 30-1 (d) It is designed to give the appearance that it connects the two dwelling units to each other. Congregate living facility : An association of persons living together in a shared living environment which integrates shelter and service needs of elderly, functionally impaired and/or functionally isolated persons who are otherwise in good health and can maintaina semi-independent lifestyle and who do not require constant supervision or intensive health care as provided by an institution. Ea ch resident may have a separate bedroom, living room, kitchen, dining area or bathroom, or may share living, di ning, and bathroom facilities with other persons. Such facility shall be deemed an assocition of persons living together ina single dwelling and not a lodging house. Cornerlot : See Lot, corner. Day care center: As defined and licensed under G.L. c. 28A, a facility which on a regul ar basis receives for temporary custody and care more than ten (10) children at a time. Development Parcel: The real property on which a Planned Multi- Use Business Development is located, as shown on a Planned Multi-Use Business Development Plan approved by the board of aldermen in connection with a special permit under section 30-15(s). Dormer: A projection built out from a sloping roof, usually containing a window or vent. Dormitory : A building owned or controlled directly or indi rectly by a religious or educational non-profit institution (excepting a nonprofit hospital) providing sleing quarters for five (5)or more unrelated persons. Drive-inbusiness : A retail or consumer use of land or a building in which all or part of the business transacted is conducted by a customer from within a motor vehicle. Drive-in food service establishment: A fast food establishment which pr ovides convenient vehicular access and may provide service to customers while in their vehicles. Driveway : An area on a lot which is designed or used to provide for the passage of motor vehicles to and from a street or way. Dwelling : A building or structure used for human habitation. Dwellinga, ttached : A building or structure that either: (a) contains three (3) or more dwelling units, attached to one another at the ground level and each having a separate primary and secondary access at ground level; or (b) contains two (2) dwelling units and is not a “dwelling, two family,” as defined in section 30-1. Dwellingm, ulti-family : A building or structure containingthree (3) or more dwelling units. Dwelling, two-family: A building or structure that meets all of the following requirements: (a) It contains two (2) dwelling units; (b) It contains either: (1) a common floor-ceiling assembly between the upper and lower level dwelling units; or (2) a common wall connector and a common roof connector, as defined in section 30-1. Chapter 30 – page 5 NEWTON CODE ONLINE — ZONING § 30-1 Dwellingunit : One (1) or more rooms forming a habitable unit for one family, with facilities used or intended to be used, in whole or in part, for living,sleeping, cooking, eating and sanitation. Family child care home: See Child care home, family. Fast food establishment: An establishment whose primary business is the sale of food for consumption on or off the premises which is: (a) primarily intended for immediate consumption ratherthan for use as an ingredient or component of meals; (b) available upon a short waiting time; and (c) packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold. Floorarearatio : (a) For residential structures in residential districts, gross floor area of a building on the lot divided by total lot area. (b) For all others: Gross floor area of all buildings on the lot divided by total lot area. Any portion of a basement not used for storage, parking or building mechanicals shall be included in determining the floor area ratio. Floor area, gross: (a) For residential structures in residential districts, the sum of the floor area within the perimeter of the outside walls of the building without deduction for ga rage space, hallways, stairs, closets, thickness of walls, columns, atria, open wells and other vertical open spaces, or other features exclusive of any portion of a basement as defined in this section. For atria, open wells and other vertical open spaces, floor area shall be calculated by multiplying the floor level area of such space by a factor equal to the average height in feet divided by ten (10). Excluded from the calculation are bays or bay windows which are cantilevered and do not have foundations and which occupy no more than ten (10) per cent of the wall area on which they are mounted and any space in an a ttic or half story above the second floor as defined in this ordinance. (b) For all others: The floor area within the perimeter of the outside walls of the building without deduction for hallways, stairs, closets, thickness of walls, columns or other features. Floor area, ground: The gross floor area enclosedby the perimeter of the lower-most story of a building above the grade plane. Fuelestablishment : Any business, including a gasoline service station, which for wholesale or retail sales or any combination thereof, expands an exis ting capacity or introduces on-site fu el, petroleum products, gas, LNG, or propane for residential, commercial, industrial or motor vehc ile use or sales, in an amountin excess of five thousand (5,000) gallons. Excluded are residential properties stornig five thousand (5,000) gallons of fuel oil or less. Fuel oil distributor: Any business which stores fuel oil above or underground for the purposes of direct resale to retail customers of the fuel oil distribtr or to other fuel oil distributors. Garage repair shop: A part of a garage where minor structural repa irs are made to motor vehicles for profit, by means of lathes, vises and other appliances , but not by means of heavy machinery. Chapter 30 – page 6 NEWTON CODE ONLINE — ZONING § 30-1 Gardenapartment : A building or group of buildings arranged, intended and designed to be occupied by three (3) or more families per building. Such buildings shall occupy one lot in single ownership throughout. Gasoline service station: A building or structure or part of a buildin g or structure used in connection with tanks, pumps and other appliances for supplying motor vehicles w ith gasoline, compressed air, oil, water and similar supplies, and accessories and/or used in connection with making minor repairs and adjustments on motor vehicles, other than structural repairs. Grade : In cases where the walls of the building are more than five (5) feet from the nearest street line, the mean elevation of the ground adjoining said wall; and in all ter cases, the mean elevation of the nearest sidewalk. GradePlane: A reference plane for a building or structure as a whole representing the average of finished ground level adjoining the building or structure at all ex terior walls. In calculati ng said reference plane, the elevation of each point used to calculate said average shall be determined by using the lowest elevation of finished ground level within the area immediately adjoining the build ing or structure and either the lot line or a point six (6) feet from the building or structure, whichever is closer to the building or structure, as illustrated in the diagrams below. Chapter 30 – page 7 NEWTON CODE ONLINE — ZONING § 30-1 Gross floor area: See Floor area, gross. Groundflooarea : See Floor area, ground. Habitablspace : See Space, habitable. Health club: A commercial establishment which as its primary purpose provides facilities for individual physical health activities, such as aerobic exercise, running and jogging, use of exercise equipment, saunas, Chapter 30 – page 8 NEWTON CODE ONLINE — ZONING § 30-1 showers, massage rooms and lockers. Such establishments are operated as a business even if open only to members and their guests on a membership basis and not to the public at large paying a daily admission fee. Height : The vertical distance between the elevations of the following: (a) theaverage grade plane and (b) the midpoint between the highest point of the ridge of the main building roof and the line formed by the intersection of the top of the main building wall plate and the main roof plane. Not included in such measurements are 1) cornices which do not extend more than five (5) feet above the roof line; 2) chimneys, vents, ventilators and enclosures for machinery of elevators which do not exceed fifteen (15) feet in height above the roof line; 3) enclosures for tanks which do not exceed twenty (20) feet in height above the roof line and do not exceed in aggregate area ten (10) per cent of the area of the roof; and 4) towers, spires, domes and ornamental features. Height,Contextual: The vertical distance between the eleva tions of the following: (a) the Newton Base Elevation utilized by the city as implemented by the engi neering division of the department of public works and (b) the mid-point between the highest point of the ridge of the roof and the line formed by the intersection of the wall plane and the roof plane. Not included in such me asurements are 1) cornices which do not extend more than five (5) feet above the roof line; 2) chimneys, vents, ventilators and enclosures for machinery of elevators which do not exceed fifteen (15) feet in height above the roof line; 3) enclosures for tanks which do not exceed twenty (20) feet in height above the roof line and do not exceed in aggregate area ten (10) per cent of the area of the roof; and 4) towers, spires, domes and other ornamental features. Heliport : An area used by helicopters or other steep-gradientaircraft for the purpose of picking up or discharging passengers or cargo, but not including fa cilities for helicopter fuel, service, maintenance or overhaul, or sale of products. Home business : Any commercial activity conducted within a dwellingunit by the residents thereof as an accessory use to the residential use of the dwelling unit, provided that no sale of merchandise, whether retail or wholesale, takes place on the premises, except as expressly permitted by the provisions of section 30-8(c)(5). The term “home business” shall include, but is not limi ted to, the studio of an artist, musician, photographer or writer; small group or individual instruc tion or tutoring; tailoring; millinery; crafts; word processing; computer software development; telephone solicitation; a manicurist; an office of a sales or manufacturer representative; and an office of a physician, dentist, lawy er, architect, registered engineer, accountant, psychologist, social worker or other professional. The term “home business” shall not include the following: a clothing rental business; a barber shop; a hairdresser; a restaurant; a repair shop, whether for small appliances or otherwise; a real estate broker; an orchestra or instrumental music group; an antique shop; an animal hospital;or businesses similar to those enumerated. HotelorMotel : A building or several buildings containing six (6)or more sleeping rooms for guests, other than a dormitory, lodging house or apartment house. Interiolot : See Lot, interior. Large family child care home:See Child care home, large family. Loadingfacility : A truck loading or unloading area accessory to the principal use of the site. Lodger : A person who occupies space for living and sleepingpurposes without separatecooking facilities, paying rent, which may include an allowance for meals; a nd who is not a member of the housekeeping unit. Lodginghouse : Any dwelling designed, occupied or intendedfor occupancy by four (4) or more lodgers. Chapter 30 – page 9 NEWTON CODE ONLINE — ZONING § 30-1 Lot,orner : A lot fronting on two (2) intersecting streets whichform an interior angle of one hundred and twenty (120) degrees or less; or a lot located on a bend in a street where the street bends so as to form an interior angle of one hundred and twenty (120) degrees or less; or a lot on a curve in a street or on a curve at the intersection of two (2) streets where two (2) lines tangent to the street line at the intersection of each side of the lot with the street line form, if prolonged towards the curve, an interior angle of one hundred and twenty (120) degrees or less. Only that part of a lot contiguous to a corner, bend or curve, and having an area not in excess of ten thousand (10,000) square feet, and a maximum length on either street, except in case of a bend or curve, of not more than one hundred and fifty (150) feet, shall be deemed a corner lot. The provisios of this paragraph shall apply to a lot fronting on an open space dedicated to the public use in the samemanner as to a lot fronting on a street. Lotcoverage : The percentage of the lot area which is covere d by buildings, including accessory buildings. The area covered by roof overhangs of up to two (2) feet shall not be included in the calculation of lot coverage. Loti,nterior : Any lot or part of a lot other than a corner lot. Lotline : A division line between adjoining properties, in cluding the division line between individual lots established by a plan filed in the registry of deeds, exceptthat the line between land ofthe commonwealth used as a aqueduct or land formerly an aqueduct now owned by thecity and adjoining land shall not be termed a lot line. Maneuvering aisle : A maneuvering space which serves a row or rows of parking stalls. Motel : See Hotel or Motel. Motor vehicle repair shop: A building or part of a building in which repa irs are made to motor vehicles, or a repair shop in a garage or other building in which heavy machinery is used. An automobile school shall be regarded as a motor vehicle repair shop. Motor vehicle sales and service facility: The inside display, sales, storage and service of motor vehicles and the repair of motor vehicles performedin connection with said sales. Multi-familydwellings : See Dwelling, multi-family. Multi-useinstitution : A religious or nonprofit educational use havingone (1) or more buildings and at least 50,000 sq. ft. of lot area. Non-conforming building : See Building, non-conforming. Non-conforming use : See Use, non-conforming. Occupy/Occupancy : When used in connection with accessory apartments, this term shall mean physical presence and residency on the subject premises exceptfor short periods of temporary absence. Open Space, Beneficial: Areas not covered by buildings or structures, which shall specifically include, but are not limited to: landscaped areas; playgrounds; walkways; plazas, patios, terraces and other hardscaped areas; and recreational areas, and shall not include: (i) portions of walkways intended primarily for circulation, i.e., that do not incorporate landscape features, sculpture or artwork, public benches, bicycle racks, kiosks or other public amenities, or (ii) surface parking facilities, or (iii) areas that are accessory to a single housing unit, or (iv) areas that are accessory to a single commercial unit, and controlled by the tenant thereof, and not made available to the general public. In calculations of the amount of beneficial open space provided, an offset of ten percent (10%) of the otherwise applicable square footage requirements shall be made for the provision of well-maintained publicly available green planted areas. Chapter 30 – page 10 NEWTON CODE ONLINE — ZONING § 30-1 Parkingfacility : A building, structure, lot or part of a lotere off-street parking isprovided or permitted. Parkinglot : A parking facility where off-street parking of vehicles is permitted other than as an accessory use. Parkingstall : An area, exclusive of inventory storage space, display space, maneuvering aisles or other maneuvering space, adequate for parking a motor vehicle. Placeof ssembly : An establishment used principally for the meeting together of a number of persons at the same time for the purpose of deliberation, wo rship, education or entertainment su ch as, but not limited to, churches, synagogues, theaters, halls,auditoriums and clubs. Publicstable : A building or part of a building inwhich horses are keptfor compensation. Recreational Trailer or Vehicle: A vehicular, portable unit which exceeds eg i hteen (18) feet in length, seven (7) in height or seven (7) in width and which is designed and principally used for travel, camping or recreational use, including, but not limited to, atravel trailer, pick-up camper, motorized camper, tent trailer, boat or boat trailer. Residential care facility: A residential care facility shall consist in part of independent dwelling units, and shall contain a combination of central cooking and dining facili ties, recreation facilities and shall provide to all its residents, specified medical services, which medical servicesshall include, but are not limited to, nursing and dietary assistance, together with the availability on the premises offull-time nursing care in a licensed care facility, provided that at least one (1) occupant of each dwelling unit shlal be at least sixty-five (65) years of age or older. Restaurant : An establishment where the principal activity is th e service or sale of food or drink for on-premises consumption. Retainingwall: A wall or terraced combination of walls to hold a mass of earth material at a higher position. When a combination of walls is placed within a setback, he ight is to be measured from the foot of the lowest wall to the top of the highest wall. For the purposes of this ordi nance, a berm with a slope of 1:1 or greater is to be considered a retaining wall. Roomer : The same as “Lodger”. Rooming house : The same as “Lodging house”. School : Any building or part of a building used as a public or private educational institution containing one (1) or more rooms, with provisionsfor two (2) or more pupils. Setbackline : A line equidistant from the lot line which establishe s the nearest point to the lot line at which the nearest point of a structure may be erected. Sign : A permanent or temporary structure, device, letter, word, two (2) or three (3) dimensional model, insignia, banner, streamer, display, em blem, or representation which is an adve rtisement, announcement or direction, or which is designed to attract attention. Sign,accessory : A sign that, with respect to the premises on whic h it is erected, advertis es or indicates one or more of the following: the address and/or occupant of thepremises, the business transacted on the premises, the year the business was established, a slogan, dirctional or parking instructions, or the le or letting of the premises or any part thereof. Sign, area of: The entire area withina single continuous perimeter, and a single plane, which encloses the extreme limits of the advertising message or announcement or wording together with any frame, background, trim, or other Chapter 30 – page 11 NEWTON CODE ONLINE — ZONING § 30-1 integral part of the display excluding the necessary supports or uprights on which the sign is placed. Sign area of a standing sign or a perpendicular wall signis the entire area of one side of such sign such that two (2) faces which are back to back arecounted only once. Sign, wning : A sign on or attached to a temporary retractable shelter which is supported entirely from the exterior wall of a building. Sign, election: A sign specifically supporting oropposing the election of a candidatefor office in an election to be held in Newton within a year, or supporting or opposing a ballot question which shall appear on a ballot in Newton within a year. Sign,free-standing : A sign erected on or affixed to the land by post, pole, pylon or any framing or supporting device or stand which isnot affixed to a building. Signf,rontage : The length in feet of the building parallel or substantially parallel to a street that is occupied by an individual business establishment. Sign,marquee : A sign on or attached to a permanent overha nging shelter which projects from the face of a building, is entirely supported by said building,and may have a changeable letter panel. Sign,non-accessory : A billboard, sign or other advertising device which does not come within the foregoing definitions of an accessory sign orof a non-accessory directory sign. Sign, non-accessory directory: A sign that, with respect to the premises on which it is erected and/or an adjacent premises for which the sign is a single common identifier, or with respect to a single integrated development consisting of two (2) or more lots, advertises or indicates one or more of the following: the address and/or occupant of the premises, the business transacted on the premises, the year the business was established, a slogan, directional or parking instructions, or the sale or letting of the premises orany part thereof. Sign,wall : A sign affixed either parallel or perpendicular to the wall of a building and not extending above the roof plate or parapet line. Sign,window : A sign affixed to the interior surface of a windo w or displayed behind a window so as to attract attention from the outside. A sign shall be deemed a window signif it is within six (6) inches of the inside surface of a window through which it is intended to be ve iwed and is not merchandise on display. Single-useinstitution : A religious or nonprofit educational use having no more than one (1) principal building and less than 50,000 sq. ft. of lot area. Space,habitable : Gross floor area in a building structure used for living, sleeping, eating or cooking purposes, including closets and hallways. Space, useable open: All the lot area not covered by buildings and/or structures, roadways, drives, surface parking area or paved surfaces other than walk s. The area devoted to lawns, landscap ing, exterior tennis courts, patios, in-ground swimming pools and non-structural recreational amenities shall be included as us able open space. The area covered by roof overhangs of up to two (2) feetshall be included in the calculation of open space. Sportsstadium : A building or structure contai ning tiered seating fac ilities for more than two hundred (200) spectators at sporting events. Story : That portion of a building, any part of which is bove the ground elevation, excluding basements, contained between any floor and the flooror roof next above it. Chapter 30 – page 12 NEWTON CODE ONLINE — ZONING § 30-2 Story, half: A story directly under a sloping roof where the area with a ceiling height of 7’ or greater is less than 2/3rds the area of the story next below. Street : A public way or a way opened and dedicated to the public use which has not become a public way, or a toll road open to public travel, includingits approaches and toll houses or booths. Structure : Any construction, erection, assemblage or other combination of materials at a fixed location upon the land, such as, but not limited to, a building, bridge, trestle, tower, framework,tank, tunnel, tent, stadium, platform, retaining wall or systems ofwalls whose above-grade height exceeds four(4.0) feet, tennis court or swimming pool. Telecommunications and data storage facility : A facility for the operation, monitoring and maintenance of telecommunications switching equipment, data storage computers, internet connectivity routers, and ancillary equipment. Two-familydwelling : See Dwelling, two-family. Use : Any purpose for which land, buildings or structures arearranged or designed, or for which said land, building or structure is occupied or maintained. Usen, on-conforming : A use which does not conform to the use regulations of the district in which such use exists or might be introduced. Useable open space: See Space, useable open. (Ord. No. T-57, 11-20-89; Ord. No. T-114, 11-19-90; Ord. No . T-174, 9-16-91; Ord. No. T-264, 3-1-93; Ord. No. T- 273, 6-7-93; Ord. No. V-7, 3-20-95; Ord. No. V-91, 9- 17-96; Ord. No. V-92, 10-21-96; Ord. No. V-111, 4-23-97; Ord. No. V-112, 4-23-97; Ord. No. V-113, 4-23-97; Ord. No. V-122, 7-14-97; Ord. No. V-173, 5-18-98, Ord. No. V-232, 4-5-99; Ord. No. V-233, 4-5-99; Ord. No. V-247, 6-7-99; Ord. No. V-253, 7-12-99; Ord. No. V-288, 3-20- 00; Ord. No. W-20, 11-6-00; Ord. No. W-34, 3-5-01; Ord.No. X-10, 3-18-02; Ord. No. X-38, 12-2-02; Ord. No. Z- 16; 12-17-07; Ord. No. Z-20, 04-07-08; Ord.No. Z-35, 11-03-08; Ord. No. Z-45, 03-16-09) Sec. 30-2. Purpose of chapter; short title. The provisions of this chapter are ordained by the cityfor the purpose of promoting the health, safety, convenience and welfare of its inhabitants by: (a) Encouraging the most appr opriate use of land, including the consideration of the comprehensive plan adopted by the planning board and the board of aldermen; (b) Preventing overcrowding of land an d undue concentration of population; (c) Conserving the value of land and buildings, includingthe conserving of natural resources and the preventing of blight and pollution of the environment; (d) Efficient use and conservation of natural resources and energy; (e) Lessening the congestion of traffic; (f) Assisting in the adequate provisionof transportation, water,sewerage, schools, parks, open spaces and other public facilities; (g) Preserving and increasing the ameniteis and aesthetic qualities of the city; Chapter 30 – page 13 NEWTON CODE ONLINE — ZONING § 30-5 (h) Encouraging housing for persons of all income levels; (i) Reducing hazards from fire and other dangers; and (j) Providing for adequate light and air. It may be cited as the “City of Newton Zoning Ordinance.” (Rev. Ords. 1973,§24-2; Ord. No. 284, Pt. II, 6-19-78; Ord. No. Y-17, 5-21-07) Sec. 30-3. Determination of district boundary lines. (a) The boundaries of the dist ricts are the sidelines of st reets, property or lot lines, or other lines shown on the zoning plans adopted by section 30-4. Where boundaries areindicated as property or lot lines and the exact position of such lines are not defined by measurements, the truecations thereof shall be taken as the boundary lines. Where boundary lines are fixed by distances from street, propetry or lot lines, such measurements shall control. (b) Whenever any uncertainty exists as to the exact location of a boundary line, th e location thereof shall be determined by the commissioner of inspectional services; provided, that any person af fected by his decision may appeal to the zoning board of appeals in the manner provided in section 30-27. (Rev. Ords. 1973, §24-3; Ord. No. 190, 12-20-76) Sec. 30-4. Division of city into districts; adoptionof zoning plans, areas not included in districts. (a) The City of Newton is hereby divided intodistricts, to be known respectively as follows: PubUlseistricts OpSepace/Recreationistricts Single Residence 1 Districts Single Residence 2 Districts Single Residence 3 Districts Multi-Residence 1 Districts Multi-Residence 2 Districts Multi-Residence 3 Districts Multi-Residence 4 Districts BusinDeissstricts BusinDeissstricts BusinDeissstricts BusinDeissstricts BusinDeissstricts ManufacturiDngistricts Limitedanufacturingistricts Mixed Use 1 Districts Mixed Use 2 Districts (b) 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, signed by the cityengineer of the city, and these plans and all explanatory matter thereon are hereby made a part of this chapter. All amendments of zoning plans adopted since July 21, 1951, however styled, shall beeemed to be amendments of such 1951 plans. Sec. 30-5. Allowed uses in all districts; special permits in all districts; prohibitions in all districts: (a) In all districts, land, buildingsand structures may be used for one(1) or more of the following purposes: Chapter 30 – page 14 NEWTON CODE ONLINE — ZONING § 30-5 (1) Agriculture, horticulture, fliculture or viticulture on a parel of five (5) acres or more; (2) Construction, alteration, enlargement, reconstruction,use or change of use of a building or land for a church, synagogue, house of worship, or other uses for reli gious purposes or a school or any other use for educational purposes and such accessory uses as are proper and usual therewith on land owned or leased by the Commonwealth or any of its ag encies, subdivisions or bodies pol itic or by a religious sect or denomination, or by a nonprofit educational corporation,provided, that a school or other use for educational purposes shall not include a correctional facility. For purposes of section 30-5(a)(2),“alteration” shall mean those modifications which produce an increased parking demand pursuant to the requirements in section 30-19. Such uses shall be permitted, subject to the dimensional regulations of section 30-15, the parking regulations of section 30-19and the following procedure: a) At least sixty (60) days prior to the application fo r a building permit, an applicant shall file a site plan application for the proposed development with th e director of planning and development. Such application shall consist of five (5) sets of plan(s) prepared, as appr opriate, by an architect, landscape architect, professional engineer or land surveyor. Such site plan(s) shall be drawn at a suitable scale, on sheets no larger than twenty-four (24) by thirty-six (36) inches. When more than one (1) sheet is required, a key sheet shall be provided. Except when waived by the director of planning and development, the site plan shall include the following information: i) Evidence of the applicant’s religious or nonprofit educational status; ii) Boundaries, dimensions andarea of the subject lot(s); iii) Use of the existing building or structures on the subject lot(s); iv) Existing and proposed topography of the s ubject lot(s) at two(2) foot intervals; v) Existing and proposed easements, if any; vi) Existing and proposed wetlandsand watercourses, if any; vii) All existing and proposed buildings, structures , parking spaces, maneuvering aisles, driveways, driveway openings, pedestrian walks, loading ar eas, and natural areas and landscaping on the subject lot(s) with the dimensions thereof; viii) All facilities for sewage, refuse and other wast e disposal, for surface water, drainage, utilities, proposed screening, surface trea tment, exterior storage, ligh ting, and landscaping, including fencing, walls, planting areas, and signs; ix) Facade elevations and floor plans for any proposednew construction and/or alteration to the existing building or structure. b) At the time the applicant files an application, he sall give written notice of saidfiling and send a copy of the application and one set of site plans to each of the three aldermen representing the ward in which the proposed project is to be located;give written notice of said filing tothe clerk of the board of aldermen; and give written notice of the application to a ll immediate abutters of the property upon which the project is to be located. The applicant also shall giveall reasonable assistance tothe director of planning and development in his review of the site plan, including, but not limited to attendance at at least one meeting called by the director of planning and development. Chapter 30 – page 15 NEWTON CODE ONLINE — ZONING § 30-5 c) The director of planning and development, upon receipt of the site plan, shall forthwith transmit a copy to the commissioner of inspectional services, the city engineer, the commissioner of public works, and the fire chief. These departments may respond with their comments and recommendations to the director of planning and development within twenty-five (25) da ys of receipt thereof. Upon the receipt of any responses by the above-mentioned departments, and/or, upon the expiration of said twenty-five (25) day period, the director of planning and development sh all review said plan for compliance with the dimensional tables contained in section 30-15 and for compliance with the parking regulations contained in section 30-19 of these ordinances. Furt her, the director may consider the application in light of the criteria set forth below: (i) Convenience and safety of vehi cular and pedestrian movement within the site and in relation to adjacent streets, properties or improvements, including regulation of the number, design and location of access driveways and the location and design of handicapped parking. The sharing of access driveways by adjoining sites isto be encouraged wherever feasible; (ii) Adequacy of the methods for disposal of sewage, refuse and ot her wastes and of the methods of regulating surfacewater drainage; (iii) Provision for off-street loai g and unloading of vehicles incidentalto the servicing of the buildings and related uses on the site; (iv) Screening of parking areas andstructure(s) on the site from adjoining premises or from the street by walls, fences, plantings or other means. Locati on of parking between any existing or proposed structures and the streetshall be discouraged; (v) Avoidance of major topographical changes; tr ee and soil removal shall be minimized and any topographic changes shall be in keeping withthe appearance of neighboring developed areas; (vi) Location of utility service lines underground wherever possible. Consideration of site design, including the location and configuration of structuresand the relationship of the site’s structures to nearby structures in terms of major design elements including scal e, materials, color, roof and cornice lines; (vii) Avoidance of the removal or disruption of historicresources on or off-site. Historical resources as used herein includes designated historical structures or sites, historical architectural elements or archaeological sites. After said review the director may make nonbinding recommendations to the applicant for changes in the site plan, which changes shall be consistent withaccepted and responsibleplanning principles. Upon completion of the review process, the director of planning and development shall indicate, in writing, to the commissioner of inspectional services that ther e has been compliance by the applicant with the procedural requirements as stated above and whether in his opinion, applicant has complied with the dimensional regulations of section 30-15 and the parking regulations of section 30-19. This statement shall be made within sixty (60) days after receipt of the site plan application. If no such statement is received by the commissioner of inspectional services within the above-stated time period, he shall accept an application for a building permit without receipt of such statement. If the applicant does not apply for a building permit within one (1) year from the date of the original site plan application to the director of planning and development, he must reflie for review under the procedures set forth above. d) Where a special permit is required in accordance withthe procedures in section 30-24, the uses delineated in subsection 30-5(a)(2) shall not be subject to the administrative site plan review procedure of that subsection. Chapter 30 – page 16 NEWTON CODE ONLINE — ZONING § 30-5 (3) Family child care home, large family child care ho me, and day care centers, subject to the provisions and standards set forth below: a) Purpose: The purpose of this subsection is to accommodate child care needs of the general public in all areas of the city, to distinguish between family child care homes and day care centers which are more intensely used, to encourage larger facilities to co -locate within other existing large institutions, to encourage safe access to and egress from the site , and to minimize potential congestion at drop-off and pick-up times. b) Family child care homes and large family child care homes shall comply with the parking requirements of section 30-19 and the dimensional requirements of section 30-15, Table l or Table 3 as applicable, except that the minimum lot size shall be 5,000 square feet. c) Day care centers as defined by section 30-1, acc essory to religious and non-profit educational institutions, shall comply with the parking provis ions of section 30-19 and the institutions in whose premises they are located shall comply with the dimensional requirements of section 30-15, Table 2. d) Day care centers as defined by section 30-1, wh ich are not accessory to religious and non-profit educational institutions, shall follow the procedur es and criteria for review under section 30-5(a)(2), meet the dimensional requirements including mini mum lot area in section 30-15, Table l for lots created after December 7, 1953, or Table 3 as app licable, and meet the provisions and standards set forth below: i) Landscaping: A dense year-round vegetative buffer at least four (4) feet wide and six (6) feet high shall be provided along the perimeter of any outdoo r play area. Any fence required by the Office for Child Care Services shall be located inside the required vegetative buffer. All landscaping that is required under this provision shall be ma intained in good condition and, if diseased or dying, shall be replaced by the operator of the facility with new plant material of a similar size. ii) Parking: Day care centers shall comply with the parking requirements of section 30-19 as applicable, except that in a residential distri ct, there shall be provided a dense year-round vegetative buffer with dimensions as described in section 30-5(a)(3)d)i) above. Day care centers shall comply with the provisions of section 30-19 (i) relating to the screening of parking areas, excepting the dimensions stated therein for the vegetative buffer. iii) Drop-off: In addition to complying with the parking requirements of section 30-19, there shall be provided for drop-off and pick-up at least one (1 ) on-site parking space for each five (5) children or fraction thereof. Such parking spaces shall comply with the applicable parking setback requirements and parking dimensional and design standards of section 30-19(g) or (h). iv) Compliance with Office for Child Care Services Regulations: Until the operator of a day care center provides to the director of planning and development evidence of current valid licensure by the Office for Child Care Services, the day care ce nter shall not be eligible for issuance of a certificate of occupancy, but shall be eligible for issuance of a temporary certificate of occupancy if the commissioner of inspectional services upon review certifies that the day care center is in compliance with all other applicable requirements. v) Parking management and compliance plan: The operator of a day care center shall submit to the director of planning and deve lopment a parking and drop-off management plan which shall outline where and when staff shall park as well as the alleviation of potential congestion during peak drop-off and pick-up times as required herein. Said plan shall be reviewed by the city traffic Chapter 30 – page 17 NEWTON CODE ONLINE — ZONING § 30-5 engineer, and his recommendations shall be sent to the director of planning and development. Upon completion of said review process, the director of planning and development shall indicate, in writing, to the commissioner of inspectional services whether there has been compliance by the operator with the procedural requirements stated herein, and whether, in his opinion, the owner has complied with the dimensional regulations of section 30-15 and the parking regulations of section 30-19. This statement shall be made within sixty (60) days after receipt of the parking management and compliance plan. vi) Trash location and screening plan: The operator of a day care center shall also submit to the director of planning and development a trash lo cation and screening plan which shall provide the precise means and location of trash collection and removal for the site as well as screening therefor to alleviate health and aesthetic concerns. (b) In all districts, unless the use is otherwise permitted as of right, the board of aldermen may grant a special permit in accordance with the procedures in section 30-24, the density and dimensional controls set forth in section 30-15 and the parking requirements set forh t in section 30-19 to use land, buildingsand structures for one or more of the following purposes: (1) Agriculture, horticulture, florulture or viticulture on a parcelof less than five (5) acres; (2) For-profit educational purposes and such acce ssory uses as are not permitted in 30-5(a)(2); (3) The removal of sod, loam, subsoil, sand and/orgravel from the premises for the purpose of sale; (4) The placement of a retaining wall offour feet or more, as measured from the foot of the wall to its highest point, within a setback; (5) Activities which are necessary in c onnection with scientific research or scientific development or related production, accessory to activities permitted as a matter of right, so l ong as it is found that the proposed accessory use does not subs tantially derogate from the public g ood. Notwithstanding anything in this subsection, no recombinant DNA research shall be permitted as an accessory use; (6) Cemeteries; (7) Chapel or crematorium situated on the groundsof and operated in connection with a cemetery; (8) Service buildings and greenhouses in cemeteries, provd ied these are used entirelyfor the private purposes of the cemetery and not for business purposes. (c) In all districts, no land, buiigs or structures shall be used except in conformance with the following: (1) Whenever the existing contours of the land are altered, the land shall be left in a usable condition, graded in a manner to prevent the erosion of soil and the alterati on of the runoff of surface water to or from abutting properties, and shall be substantially landscaped. Projects increasing impervious surface area by more than the lesser of a) four (4.0) percent of lot size or b) fo ur hundred (400) square feet , or that involve altering the landscape in such a way that may result in a lteration of the runoff of surface water to abutting properties or erosion of soil, shall be reviewed by the commissioner of inspectional services and the city engineer to ensure compliance with this section. Th e commissioner of inspectional services and the city engineer may reject a project if they believe it w ill cause runoff of surface water to abutting properties or the erosion of soil; Chapter 30 – page 18 NEWTON CODE ONLINE — ZONING § 30-7 (2) There shall be no self-service gasoline service stationsor gasoline service stations with self-service pumping facilities except where such self-service station or pumping facility has been authorized pursuant to the procedures of section 30-24. (Ord.No. S-287, 12-7-87; Ord. No. V-173,5-18-98; Ord. No. Z-45, 03-16-09) ARTICLE II. USE REGULATIONS DIVISION 1. PUBLIC USE DISTRICTS AND OPEN SPACE/RECREATION DISTRICTS Sec. 30-6. Allowed Uses for Public Use Districts. In public use districts, land, structures and buildingy be used, or may be designed, arranged or constructed for one or more of the following purposes, provided site plan approval is obtainedin accordance with the provisions of section 30-23 or in accordance with the provisions of setion 5-58 if the City of Newton is the owner of the building to be constructed: (a) Public streets and highways; (bCommons; (c) Public gardens; (d) Parks and conservation areas; (ePlaygrounds; (f) Public parking lots; (gRailroads; (h) Waterworks reservations; (i) Public purposes; (j) Publicly-owned cemeteries; (k) Other uses similar or accessory to those authorized in 30-6, provided, however, that the board of aldermen may vote to approve requests for temporary licenses to use such land, structures or buildings for the purposes of farmers’ markets, farm stands, fairs, festivals and other like uses, either profit or nonprofit in nature, upon request by citizens’ groups or individuals without complying with section 30-23, except as to a community farm, conservation areas, land, structures or buildings subject to control of the school committee, and land, structures or buildings subject to control of the parks and recreation department, wherein such approval shall be by the farm commission, the conservation commission, school committee, or parks and recreation department, respectively. No other use or design and arrangement of any such land, structure or building thereon or thereover except as provided above shall be permitted until the land concerned shall have been rezoned in accordance with this chapter. No such rezoning shall affect the use of such land, structure or building for any of the purposes specifically set forth in section 30-6, whether or not carried on simultaneously with such other zoned use. Nothing in this section shall prohibit the use or design and arrangement of land, structur e or building in this district by religious or nonprofit educational uses pursuant tothe provisions of section 30-5(a)(2). (Ord.No. T-148, 5-20-91; Ord. No. V-156, 1-5-98; Ord. No. X-208, 04-18-06) Chapter 30 – page 19 NEWTON CODE ONLINE — ZONING § 30-7 Sec. 30-7. Open Space/Recreation Districts. (a) Intent and Purpose. It is the intent of these provisions: (1) To protect and preserve open space; (2) To preserve the natural resources of land suiatble for agriculture, horticulture and floriculture; (3) To preserve land for outdoor recreational use,scenic/aesthetic enjoyment, and urban amenity; (4) To preserve and protect the aquifers and exitsing and potential ground and surface water supplies; (5) To provide buffers to reduce storm runoff, noise, odors, and air pollution, as well as to separate and screen incompatible uses; and (6) To protect and promote the general health, safety and welfare. (b) Allowed Uses. In all open space/recreation districts, subject to the dimensional controls set forth in section 30-15 and the parking requirements set forth in section 30-19,land, buildings and structures may be used for any of the purposes and functions set forth below: (1) Agriculture, forestry, horticultre, floriculture, and viticulture; (2) Conservation of flora,fauna or natural conditions; (3) Control of erosion, sedimentato i n and storm runoff affecting the site; (4) Privately owned cemeteries; (5) Active and passive outdoor recreationalactivities, including, but not limited to: a) golf courses; b) boating; c) play areas; d) nature studies and walks, provided, however, thatsuch recreational uses shall not permit the operation of motorized recreational vehicles (other than golf carts) such as automobiles used for races of any sort, dirt bikes, motorcycles, snowmobiles, dune buggies or motor boats, nor shall sports stadiums be permitted as either a principal or accessory use; (6) Such accessory purposes as are pr oper and usual with the uses allowe d in section 30-7(b), provided that buildings or structures do not exceed 700 square feet in gross floor area or pr ovided seating facilities, whether permanent or temporary, ar e not in excess of 20 seats. (c) Site Plan Approval.The construction or use of a roadway, parkinglot or accessory building or structure used in connection with the purposes and functionsallowed in section 30-7(b) which are not authorized under the provisions of section 30-7(b)(6) shall be permittedsubject to the density and dimensional controls set forth in section 30-15 and the parking requirements set forth in section 30-19, provided that site plan approval is obtained in accordance with Chapter 30 – page 20 NEWTON CODE ONLINE — ZONING
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