It is the purpose and intent of this section to describe how this ordinance will be originally adopted and subsequently amended, as well as to describe the effects of a decision holding a part of this ordinance invalid and the effective date of this ordinance.

This ordinance shall be originally adopted and from time to time changed by amendment, addition, or repeal in the manner hereinafter provided.

The adoption or change of this ordinance may be initiated by the submission to the city council of the proposed zoning ordinance or change to the city council, the zoning board of appeals, by a person owning land to be affected by the change or adoption, by ten (10) registered voters in the city, by the planning board, by the regional planning agency, or by other methods provided by the City of Newburyport Home Rule Charter as it may be amended. The city council shall, within fourteen (14) days of receipt of such zoning ordinance or change, submit it to the planning board for review.

No zoning ordinance or amendment thereto shall be adopted until after the planning board and the city council, or a committee of said city council designated or appointed for the purpose by said council, has jointly held a public hearing thereon at which interested persons shall be given an opportunity to be heard. Said public hearing shall be held within sixty-five (65) days after the proposed zoning ordinance or change is submitted to the planning board by the city council I. Notice of the time and place of such public hearing, of the subject matter, sufficient for identification, and of the place where texts and maps thereof may be inspected shall be published in a newspaper of general circulation in the city once in each of two (2) successive weeks, the first publication to be not less than fourteen (14) days before the day of the hearing (not counting the day of the hearing) and by posting such notice in a conspicuous place in city hall for a period of not less than fourteen (14) days before the day of said hearing.

Notice of said hearing shall also be sent by mail, postage prepaid, to the Massachusetts Department of Housing and Community Development (DHCD), the Merrimac Valley Planning Commission (MVPC), or to their respective successor agencies, and to the planning boards of all abutting cities and towns.

No vote to adopt any such zoning ordinance or amendment shall be taken until a report with recommendations by the planning board has been submitted to the city council, or twenty-one (21) days after said hearing have elapsed without submission of such report or recommendations. After such notice, hearing and report, or after twenty-one (21) days shall have lapsed after such hearing without submission of such report, the city council may adopt, reject or amend any such proposed ordinance. If the city council fails to vote to adopt any proposed ordinance or amendment within ninety (90) days after such hearing, no action shall be taken thereon until after a subsequent public hearing is held with notice and report as above provided.

Except as otherwise provided under M.G.L.A. c. 40A, no zoning ordinance shall be adopted or changed except by a two-thirds vote of all the members of the city council, provided that, if there is filed with the city clerk prior to final action by the city council a written protest against such change, stating the reasons duly signed by owners of twenty (20) percent or more of the area of the land proposed to be included in such change, or of the area of the land proposed to be included in such change, or of the area of the land immediately adjacent extending three hundred (300) feet therefrom, no such change of any such zoning ordinance shall be adopted except by a three-fourths vote of all members.

No proposed zoning ordinance or amendment which has been unfavorably acted upon by the city council shall be considered by the city council within two (2) years after the date of such unfavorable action unless the adoption of such proposed ordinance or amendment is recommended in the final report of the planning board.

The effective date of the adoption or amendment of this ordinance shall be the date on which such adoption or amendment was voted on by the city council, except as otherwise expressly provided in the ordinance or such amendment thereto; after adoption by the city council of the zoning ordinance or amendments, the city clerk shall send a copy of same to DHCD, or to its successor agency.

No claim of invalidity of this ordinance arising out of any possible defect in the procedure of adoption or amendment shall be made in any legal proceeding and no state, regional, county or municipal officer shall refuse, deny or revoke any permit, approval or certificate because of any such claim of invalidity unless within ninety (90) days after adoption of this ordinance or amendment legal action is commenced and notice specifying the court, parties, invalidity claimed, and date of filing is filed, together with a copy of the petition with the city clerk within seven (7) days after commencement of the actions.

(Ord. of 8-30-21(1))

The interpretation and application of the provisions of this ordinance shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this ordinance to repeal, abrogate, annul, or in any way to impair or interfere with any existing provisions of the law or ordinance or any rules, regulations, or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; nor is it intended by this ordinance to interfere with or abrogate or annul any easements, covenants, or other agreements between parties; provided, however, that where this ordinance imposes a greater restriction upon the use of buildings or premises or upon the height of buildings or requires larger yards, courts, or other open spaces than are imposed or required by such existing provisions of law or ordinance, or by such rules, regulations, or permits, or by such easements, covenants, or agreements, the provisions of this ordinance shall control.

In case any section or provisions of this ordinance shall be held invalid in any court, the same shall not affect any other section or provision of this ordinance, except so far as the section or portion so declared invalid shall be inseparable from the remainder of any portion thereof.

The effective date of this ordinance shall be November 30, 1987.