The waterfront of Newburyport is of special and substantial public concern due to its location along the Merrimack River. This geographic area reflects the cultural and historical heritage of the city and provides visual, environmental and transportation links with the Merrimack River.

The purpose of this section is to provide for maximum public benefit in any new development or redevelopment of land along the Merrimack River. Additional intents of this section include increasing public access to and from the waterfront, eliminating or mitigating adverse environmental impacts, protecting existing and potential views and protecting and enhancing the diverse marine dependent/related and related uses and users of the waterfront.

Special site plan review criteria, including further design and dimensional controls, will be required and published in the "Site Plan Review Standards for the City of Newburyport 9/87 and as Amended."

Two (2) waterfront zoning districts are established to reach these goals: WMD waterfront marine dependent and WMU waterfront mixed use.

(Ord. of 3-28-88(2), § 10)

1.

Applicable land area. This shall be determined by a registered land surveyor or engineer. Applicable land shall equal the total land area encompassed by the overall development minus land subject to either inland or coastal wetland regulations promulgated under the wetlands protection act (M.G.L.A. c. 131, § 40) and as amended from time to time.

Excluded from the inland or coastal wetland regulations are land subject to flooding, land subject to coastal storm flowage or land within the buffer zone as defined under 310 CMR 10.04 Definitions, but not excluding other areas subject to protection under the act.

A determination of nonapplicability from the local conservation commission may also be submitted to determine the applicable land area.

2.

Marine dependent. Use or activities which can be carried out only on, in, or adjacent to water areas. Uses which require access to the waters for transportation, recreation, and so forth. Examples include marinas, charter boat facilities, and boat launching facilities.

3.

Marine related. Uses directly associated with water, which if not located adjacent to water would result in a loss of quality in the goods or services being offered. Examples include seafood processing, boat equipment sales and supplies, and public access to the waterfront.

(Ord. of 3-28-88(2), § 10)

1.

WMD Waterfront marine dependent district. The allowable uses and density requirements for the WMD district are found in the table of dimensional requirements and the table of allowable uses. The following additional dimensional controls are also required.

[a.]

The following uses, including all necessary parking, circulation, and other rights of way, are allowed by special permit in the WMD district only when they do not exceed thirty-three (33) percent of the total applicable land area of the overall development project.

[1.]

Use #416. Offices which are marine-related.

[2.]

Use #501. Restaurants, eating and drinking establishments provided they are part of and within the boundaries of a marine dependent/fishing related use complex.

[b.]

The following uses, including all necessary parking, circulation and other rights of way, are allowed by right in the WMD district only when they do not exceed thirty-three (33) percent of the total applicable land area of the overall development project.

[1.]

Use #101. Single-family residential.

[2.]

Use #102. Two-family residential.

[3.]

Use #103. Multi-family residential.

[4.]

Use #405. Mixed use.

2.

WMU Waterfront mixed use district. The allowable uses and density requirements for the WMU district are found in the table of dimensional requirements and the table of allowable uses.

(Ord. of 3-28-88(2), § 10)

1.

A bonus density for residential uses is allowed when specific types of public access are provided for. When a development project has frontage on the Merrimack River, the public access provision should provide perpendicular access extending from the first major side street adjacent to the project to the Merrimack River and parallel access along the Merrimack River. When a project does not have frontage on the Merrimack River, the public access should provide perpendicular access toward the river for the entire length of the property.

2.

The public access can be in the form of a right of way or as an improved access way. The SPGA has approval authority as to the location, width, type of material and extent of the public access.

3.

Calculation of density bonus [shall be as follows:]

a.

Provision of a ten-foot wide public access right-of-way.

The square foot area (not to exceed ten (10) feet in width unless found to be in the public interest by the SPGA) which is dedicated as a public access right of way may be added to the thirty-three (33) percent applicable land area for residential uses.

A minimum of one (1) residential unit may be added when said right-of-way is provided.

b.

Provision of a ten-foot wide right-of-way and a minimum of a five-foot wide improved access way.

The square foot area (not to exceed ten (10) feet in width unless found to be in the public interest by the SPGA) which is dedicated as a public access right of way may be doubled in area and added to the thirty-three (33) percent applicable land area for residential uses.

A minimum of two (2) residential units may be added when said right-of-way is provided.

(Ord. of 3-28-88(2), § 10)