USA > Massachusetts > Essex County > Newburyport > City Officers and the Annual Reports to the City Council of Newburyport 1940 > Part 9
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159
ZONING ORDINANCE
1. Any use permitted in a General Residence district;
2. Retail store;
3. Shop for custom work or the making of articles to be sold at retail on the premises;
4. Hotel, subject to other laws and by-laws.
5. Restaurant and other eating places;
6. Business or other professional office and bank;
7. Theatre, hall, club, and other place of amusement or assembly;
8. Gasoline and oil filling station;
9. Garage for storage or repairs, sales room for motor vehicles, and stable.
Section XIV. Height Regulations. In general or highway business districts.
1. No building shall exceed four stories or fifty (50) feet to the highest point thereof; but in no case shall a building be higher than the distance from its front to the established building line on the opposite side of the street.
2. In a highway business district, no part of a building or structure other than a gasoline pump shall extend nearer than Property line on the principal frontage street than thirty (30) feet.
3. Where a general or highway business district adjoins a residence or agricultural district on the street line, no new building and no alteration or extension of an existing building shall be erected nearer than five (5) feet to such a street line for a distance of sixty (60) feet measured along the street line from the boundary line between the Zones.
Section XV.
1. In a general or highway business district, no building on a lot adjoining on the side any residence or agricultural district shall extend nearer the boundary line of such district than ten (10) feet
2. In a general or highway business district, no building on a lot adjoining on the rear any residence or agricultural district shall have any part of its exterior wall above the first story nearer to the boundary line of such district than fifteen (15) feet.
3. In the general or highway business district no building or structure shall be built or altered, so that its wall lines or any bays or other projections from its wall lines, shall project beyond the line of abutting buildings on any front or side streets. But any bay or other projection may extend to the line of bays or other projections on abutting buildings.
Section XVI. Industrial Districts. In an industrial district no building or premises shall be used for any other purpose except one of the following:
1. Any use permitted in a business district.
2. Lumber, fuel, feed, and ice establishment, and contractors' yards also general Manufacturing, But
3. The manufacture or storage of the following is prohibited, except in cases, or under certain conditions, or in amounts which may in the opinion of the Board of Ap- peals, be allowable. Abutting owners or interested parties living or doing business in immediate proximity may object and a hearing granted them by the Board of Appeals said hearing to be duly advertised prior to holding same.
Ammonia, bleaching powder or chlorine manufacture or refining; asphalt manu- facture or refining; blast furnace; celluloid manufacture, treatment, or storage in excess of five hundred pounds; cement, gypsum, lime or plaster of paris manufacture; coke manufacture; creosote manufacture; Dextrin, glucose or starch manufacture; distillation of bones, coal or wood or manufacture of any of their by-products; dye manufacture; explosives or fireworks manufacture, or storage in excess of five hundred pounds; fat,
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ANNUAL REPORT
grease, lard or tallow manufacture, refining or rendering; fertilizer manufacturing or potash refining; gelatine, glue or size manufacture from fish, animal refuse or offal; hot rolling mill; hydrochloric, nitirc, picric, sulphuric or sulphurous acid manufacture; in- cineration, reduction or dumping of dead animals, garbage, offal or refuse except by the city or its agents; lamp black manufacture; linoleum or oilcloth manufacture; match manufacture; metal or ore reduction or smelting; petroleum or other inflammable liquids, production or refining; pyroxylin manufacture, manufacture of articles thereof, or storage in excess of five hundred pounds; rubber manufacture, or treatment involving offensive odor; tanning, curing or storage of raw hides or skins; tar distillation or manu- facture; turpentine or varnish manufacture; any other trade, industry or use that is in- jurious, noxious or offensive to a neighborhood by reason of the emission of odor, fumes, dust, smoke, vibration or noise is dangerous on account of fire, or any other cause.
Section XVII.
In an Industrial district, no building shall exceed four (4) stories or fifty (50) feet in height, but in no case shall a building be higher than the distance from its front to the established building line on the opposite side of the street.
Section XVIII.
In an Industrial district adjoining on the side or rear of a residential or Agricultural district, the front, side and rear yard requirements shall be same as those set forth in regulations for general business districts.
Section XIX. Accessory uses.
An accessory use is a use customarily incidental to the uses permitted in a district, and which is not injurious, noxious or offensive to nor inconsistent with the character of said district.
1. An accessory use shall be permitted only on the same lot with the building to which it is accessory.
Section XX.
In certain sections of the agricultural district gasoline stations, also tourist camps may be established, after a public hearing, duly advertised at least seven days before said hearing before the Board of Appeals, and the approval of said board.
Section XXI. Height Exceptions.
Chimneys, ventilators, skylights, or other accessory features usually carried above roofs; and domes, towers, or spires, if such features are in no way used for human oc- cupancy; any ornamental towers, observation towers, water towers, windmills, and like structures, which occupy less than twenty-five (25) percent of the lot may extend above the height limits herein prescribed.
Section XXII.
Except in the case of buildings used for the industrial purposesand having in the latter case a gross floor area of not less than 5000 square feet, the discontinuance of any nonconforming use of occupied premises for the period of one year shall be deemed to constitute abandonment of such use and the use of such premises thereafter shall be in accordance with the regulations and restrictions herein provided for uses originating after this by-law takes effect.
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ZONING ORDINANCE
Section XXIII.
Projecting eaves, chimneys, bay windows which do not project more than three and one half (312) feet and unenclosed steps, unroofed porches or piazza projecting from the lower story, when same do not project more than ten feet beyond the line of the foun- dation wall, may extend beyond the minimum yard requirements herein prescribed.
Section XXIV. Corner Clearance.
1. Between the lines of intersecting streets and a line joining points of intersection or in the case of a rounded corner, the point of intersection of their tangents, no building or structure in a general residence, agricultural, or a highway business district may be erected and no vegetation other than shade trees may be maintained above a height three (3) feet above the plane through their curb grades.
Section XXV.
In the general residential and agricultural districts except in certain isolated parts of the agricultural districts, no house to be used as a permanent dwelling shall be built, unless same shall cost, on the basis of prevailing prices, labor, and material, approximate- y three thousand dollars. This does not mean to apply to the building of summer or winter camps, in sections of the agricultural district, which sections could not consistently be considered as a future building prospectus.
Section XXVI. Nuisances.
Cellars left open by the removal of buildings or structures covering same for a period of two years shall be adjudged a nusiance, and said cellars if not built upon, after due notification by the building inspector, shall be filled in with ashes, dirt or gravel to the level of the surrounding terrain within a period of one year from said notification. Un- less owner of said property can give a reason for not filling in same within said period to the Board of Appeals.
Section XXVII.
Unnecessary piles of rubbish, collections of waste material not used in any trade or for any manufacturing purposes, also old junk, when said piles of material are out in the open and unnecessarily exposed may be adjudged a nusiance by the Board of Appeals, and said Board shall cause the same to be removed by the owner within a period of two months.
Section XXVIII.
If for any reason the Board of Appeals refuses to act in the case of ordering the filling of vacant cellars or the removal of piles of rubbish as specified in Sections 27 and 28 in this ordinance, any aggrieved person may petition the City Council and said City Coun- cil after due notice fully advertised in the daily paper seven days before a hearing held on same, shall hold a hearing at which all interested parties may be heard. The City Council may by a two-thirds vote cause said nusiance to be abated.
Section XXIX. Locations for the storage of junk.
There shall be no locations approved for the storage of old rags, paper, bones, bottles or old metal in the general residential highway, or agricultural districts. Locations for the storage of Junk, so-called, may be granted in certain sections of the general bus- iness or industrial districts.
1. Old rags and paper shall be housed, in either fireproof buildings, or buildings
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ANNUAL REPORT
covered with some fire resisting material, same to be approved by the fire warden. Bottles shall be kept in barrels, boxes or other solid containers. Bones and old metal shall be piled in reasonably compact shape. Petitions from one or more abutters or objectors opposing the granting of a permit for the storage of junk, so-called, shall be received by the City Council and a hearing held prior to the granting of the same. No permit shall be granted for the storage of junk except by a vote of two-thirds of the members of the City Council.
Section XXX.
The City Council may prescribe locations for the storage and sale of second hand used automobiles, also for the storage and sale of automobile parts of old cars commonly classified as sutomobile junk yards, third class, such locations shall not be allowable in the general residential districts, but may be allowable in certain sections of other dis- tricts. But no locations for said purposes for the storage or sale of said automobiles or parts thereof shall be allowed until after a public hearing duly advertised seven days before said hearing, wherein all interested parties may be heard, said locations for said purposes shall in no case cover more land surface than a frontage of 150 feet and a depth of 300 feet.
1. No permit shall be granted for any location for said purpose except by a two- thirds vote of the City Council.
2. The City Council may at its discretion demand the installing of fencing or the planting of trees or shrubbery on certain sides of said locations. This with reference to third class junk yards.
Section XXXI. Enforcement.
This ordinance shall be enforced by the Inspector of Buildings, appointed under the building laws of the City of Newburyport, who shall grant no permit for the construction or alteration of any building or structure, if the building or structure as constructed or altered would be in violation of any provisions of this by-law. No municipal officer shall grant any permit or license for the use of buildings, structures, or land, which use would be in violation of any provision of this by-law. Whenver such permit or license is refused because of some provisions of this by-law the reason therefor shall be clearly stated in writing.
Section XXXII. Occupancy Permit.
No buildings erected, altered or in any way changed as to construction or use under a permit or otherwise, and no premises used, shall be occupied or used without an occu- pancy permit signed by the Building Inspector, which permit shall not be issued until the building and its uses and accessory uses and the use of all premises comply in all respects with this ordinance.
Section XXXIII. Board of Appeals.
1. Within thirty days after the adoption of this ordinance and thereafter as terms expire or vacancies occur, the Mayor, subject to confirmation by the City Council, shall make appointments to a Board of Appeals, established pursuant to Chapter 40 of the General Laws and all amendments thereto, which shall consist of three members and two associate members, one associate to be designated by the chairman of the Board to sit in the place of any member incapacitated by personal interest or absence. The first appointments shall be made for one, two and three-year terms, respectively, and there- after one appointment for a three-year term shall be made on or before the first day of February in each year. Associate members shall be appointed for two-year terms, the first appointments being for a one-year term and a two-year term.
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ZONING ORDINANCE
2. Any person aggrieved by the refusal of the Building Inspector to issue a permit or license on the grounds of non-compliance with this by-law may appeal to the Board of Appeals as provided in Chapter 40 of the General Laws and any amendments thereto.
3. Within ten days from the date of the filing of a claim of appeal as provided in paragraph 2 of this Section, the City Council shall hold a public hearing thereon. The appellant shall file in advance of the hearing such plans and information as the Council shall deem necessary, and give notice of the hearing by causing a notice thereof to be posted in a conspicuous location upon the property in respect to which the appeal is claimed.
Section XXXIV. Special Permits by the Board of Appeals.
When in its judgment the public convenience and welfare will be substantially served the Board of Appeals in specific cases may on petition, after public notice, a hear- ing, and subject to such appropriate conditions and safeguards as it may impose, de- termine and vary the application of the district regulations herein established in har- mony with their general purpose and intent as follows:
(a) Permit such variations as are authorized under the provisions of Chapter 40 of the General Laws and any and all additions and amendments thereto;
(b) Permit the construction or use of a building or premises in a Residence or Agri- cultural district of a public or semi-public institution of a philanthropic or charitable character, hospital, sanitarium, or other medical institution (but not a correctional institution or place of detention).
(c) Permit the construction or use of a building or premises in an Agricultural dis- trict for a cemetery, airfield, or sand or gravel pit.
(d) Permit the construction or use of a building or premises in an Industrical district for one or more of the uses listed in Section XVI of this by-law.
(e) Permit the alteration or extension of any non-conforming building or use, pro- vided such building er use is not increased in volume or area during its life more than twenty (20) percent, or is altered during its life to an extent not exceeding fifty (50) percent of its assessed value at the time this by-law takes effect.
Section XXXV. Penalty.
Whosoever violates any of the provisions of this ordinance shall, upon conviction be punished by a fine not exceeding ten dollars for each day of such violation.
Section XXXVI. Amendments.
The planning Board, upon petition of not less than ten citizens of the City, or upon its own initiative, shall from time to time hold public hearings, twenty days' published notice of which shall be given, for the consideration of proposed amendments to the Zoning Map or to this by-law and report to the City Council its recommendations as to what action should be taken.
Section XXXVII. Validity.
The invalidity of any Section or provision of this by-law shall not invalidate any other Section or provision thereof.
This ordinance to take effect as amended, upon its final passage.
City Council, May 9, 1940. First reading by a unanimous vote.
Ordered published.
Attest :
WILLIAM D. KELLY, City Clerk.
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ANNUAL REPORT
Public Hearing
A public hearing on the proposed Zoning Ordinance for the City of Newburyport, said hearing to be held in City Council Chamber, City Hall, Tuesday, June 11, 1940 at eight o'clock p. m.
Attest:
WILLIAM D. KELLY, City Clerk.
In City Council, Sept. 30, 1940. Second Reading. Passed by Unanimous Roll Call vote. All members present. Ordered published.
WILLIAM D. KELLY, City Clerk. Attest:
INDEX
City Government and Officials. 3
Mayors of Newburyport. 6
Report of City Auditor.
7 9
Recapitulation of receipts and expenditures
Analysis of receipts
11
Analysis of payments.
15
Report of Treasurer of Newburyport Trust Funds.
48
Report of William Wheelwright School .
51
Report of Peabody Fund
Balance Sheet.
Statement of appropriated accounts at close of financial year
Municipal indebtedness.
Borrowing capacity
Funded debt.
Budget 1940
Budget 1941
Report of City Registrar.
76
Report of Board of Assessors.
78 80 83
Report of City Marshal.
91
Report of Fire Department
95
Report of Sealer of Weights and Measures.
98
Report of Superintendent of Fire Alarm and Wires
100
Report of Park and Tree Department .
102
Report of Health Department:
Births. 104
Burial or removal permits.
104
Causes of death ..
105
Report of School Physician.
108
Report of Inspector of Animals .
109
Report of Inspector of Slaughtering
110
Report of Inspector of Plumbing. 110
Report of Public Welfare
111
Report of Public Library .
119
Report of Water Commissioners 127
Report of Retirement Board. 134
Elections 136
Jury List .
152
Zoning Ordinance 156
52 53 57 63 64 65 66 70
Report of City Solicitor
Report of Licensing Commissioners
For Reference Not to be taken from this room
W ELLS BINDERY WALTHAM, MASS. NOV. 1941
FOR REFER
NEWBURYPORT PUBLIC LIBRARY 3 2128 00338 623 3
NOT TO BE TAKEN FROM THIS ROOM
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