The purpose of the Plum Island Overlay District (PIOD) is to: reduce damage to public and private property resulting from flood waters; ensure public safety by reducing threats to life and personal injury; eliminate costs associated with the response and cleanup of flooding conditions; avoid the loss of utility services which if damaged by flooding would disrupt or shut down the utility network and impact areas of the community beyond the site of flooding; prevent the occurrence of public emergencies resulting from water quality contamination and pollution due to flooding; eliminate new hazards to emergency response officials; and, limit the expansion of nonconforming single and two-family structures so as to prevent the exacerbation of existing problems with density and intensity of use.

(Ord. of 7-9-01)

The PIOD is described on a map entitled "City of Newburyport Plum Island Overlay District," dated May 9, 2001. All maps are hereby made a part of the zoning ordinance and are on file in the office of the city clerk.

(Ord. of 7-9-01)

The PIOD is hereby established as on overlay district. Within the PIOD, the provisions of the underlying district(s) shall remain in full force and effect, except to the extent that the provisions of the PIOD are more stringent. In such cases, the provisions of PIOD shall supersede the provisions of the underlying district(s).

(Ord. of 7-9-01)

1.

Municipal uses owned or operated by the City of Newburyport;

2.

Single-family dwellings, subject to the dimensional requirements set forth in the table below:

Minimum lot area: Twelve thousand (12,000) square feet.

Minimum lot frontage: One hundred twenty (120) feet.

Maximum building height: Thirty-five (35) feet.

Maximum number of stories: Two (2).

Minimum front setback: Twenty (20) feet.

Minimum side setback: Twenty (20) feet.

Minimum rear setback: Twenty (20) feet.

Maximum floor area ratio: .25.

Maximum lot coverage by buildings: Twenty (20) percent.

(Ord. of 7-9-01)

Any use not set forth in section XXI-D is prohibited in the PIOD.

(Ord. of 7-9-01)

The provisions of the PIOD shall not apply to pre-existing nonconforming structures or uses lawfully in existence as of [July 9, 2001]. Nonconforming uses and structures within the PIOD shall not be enlarged or extended; provided, however, that the following types of changes or alterations to nonconforming uses or structures may be authorized upon grant of a special permit for nonconformities by the board of appeals upon its determination that the proposed alteration to the nonconforming structure or use shall not be substantially more detrimental than the existing nonconforming structure or use to the neighborhood or the PIOD:

1.

Change of a pre-existing nonconforming use;

2.

Change of a pre-existing nonconforming use to another, less detrimental, nonconforming use;

3.

Reconstruction or structural change to a nonconforming structure;

4.

Alteration of a nonconforming structure to provide for a substantially different purpose or for the same purpose in a substantially different manner.

5.

The enlargement or extension to lot coverage, floor area ratio, height, open space or front, side and rear yard requirements may be allowed upon the grant of a special permit by the board of appeals, and shall not require a variance, notwithstanding that such enlargement or extension may increase existing nonconformities.

(Ord. of 7-9-01; Ord. of 12-12-11(4))

1.

General. No preexisting nonconforming single- or two-family residential structure within the PIOD shall be altered, reconstructed, extended, or structurally changed except as set forth in this section XXI-G.

2.

Additional bedroom. One (1) additional bedroom may be created in a lawfully preexisting nonconforming single- or two-family structure with one (1) or two (2) bedrooms, subject to the applicable regulations set forth in subsections XXI-G.3 and XXI-G.4.

3.

As of right changes. Except as restricted by section XXI-G.1, the alteration, reconstruction, or extension of, or change to such structures may be authorized upon the issuance of a building permit where the building inspector determines that such alteration, reconstruction, extension, or change shall:

a.

Not increase the footprint of the existing structure; and

b.

Not exceed the height of the existing structure, or thirty-five (35) feet, whichever is lower.

4.a.

Special permit for nonconformities. The alteration, reconstruction, extension of, or change to such structures to an extent other than that authorized by section XXI-G.3, may be authorized by the grant of a special permit by the board of appeals upon its determination that such alteration, reconstruction, extension, or change shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood or the PIOD. The board of appeals shall not grant a special permit for any alteration, reconstruction, extension of, or change to such structures that would cause such structure to be within ten (10) feet of the side lot line, more than two (2) stories, or more than thirty-five (35) feet in height.

4.b.

The alteration, reconstruction, extension of, or change to lot coverage, floor area ratio, height, open space or front, side and rear yard requirements may be allowed upon the grant of a special permit by the board of appeals, and shall not require a variance, notwithstanding that such alteration, reconstruction, or extension may increase existing nonconformities.

5.

Catastrophe or demolition: rebuilding as of right. A nonconforming single- or two-family residential structure may be demolished and rebuilt or rebuilt after destroyed or damaged by a catastrophe; provided, however, that:

a.

The rebuilt structure shall not exceed the total aggregate area of all demolished or destroyed residential structures on the locus; and

b.

The rebuilt structure shall not exceed the height of the tallest demolished or destroyed residential structure on the locus; and

c.

The rebuilt structure shall not be located within ten (10) feet of the side lot line;

d.

The rebuilt structure shall not contain more than the total number of bedrooms in all demolished or destroyed structures on the locus; provided, however that one (1) additional bedroom may be created where the total number of bedrooms before the catastrophe or demolition was one (1) or two (2).

e.

Such structure shall be rebuilt not more than two (2) years after the demolition or catastrophe; such period may be extended for one (1) year good cause shown upon a written request to the building inspector.

6.

Catastrophe or demolition: rebuilding after issuance of special permit for nonconformities. A nonconforming single- or two-family residential structure may be demolished and rebuilt or rebuilt after destroyed or damaged by a catastrophe so as to exceed the total aggregate area of all demolished or destroyed residential structures on the locus and/or exceed the height of the tallest demolished or destroyed residential structure on the locus; upon the grant of a special permit for nonconformities by the board of appeals.

a.

Such structure shall be rebuilt not more that two (2) years after the issuance of the special permit for nonconformities; such period may be extended for one (1) year if good cause is shown upon a written request to and approval of the building inspector.

b.

Such a special permit for nonconformities may be granted only upon the determination that the proposed rebuilding of the nonconforming structure shall not be substantially more detrimental than the existing nonconforming structure to the neighborhood of the PIOD.

c.

The rebuilt structure shall not contain more than the total number of bedrooms in all demolished or destroyed structures on the locus; provided, however that one (1) additional bedroom may be created where the total number of bedrooms before the catastrophe or demolition was one (1) or two (2).

(Ord. of 7-9-01; Ord. of 12-12-11(4))

No building permit for a single-family residential structure within the PIOD shall be issued unless the lot to be built upon has frontage on a street.

(Ord. of 7-9-01)

No building permit shall be issued for a lot with frontage on an unconstructed way which does not qualify as a "street" until the planning board approves a plan, prepared by the applicant, demonstrating that the proposed way has sufficient width and suitable grades to provide for the needs of vehicular traffic in relation to the proposed use of the land thereon or served thereby and for the installation of municipal services to serve such land and the building erected or to be erected thereon and the first course of pavement for such way has been installed in accordance with such plan, as certified in writing by the director of the department of public works. No certificate of occupancy shall be issued for such lot until the second and final course of pavement has been installed in accordance with such plan, as certified in writing by the director of the department of public works.

(Ord. of 7-9-01; Ord. of 12-9-13(4))

The board of appeals shall not grant use variances within the PIOD.

(Ord. of 7-9-01)

The following terms shall have the meanings set forth below within the PIOD:

Bedroom shall mean a bedroom as defined in 310 CMR 15.002 of the State Environmental Code.

Floor area, gross shall mean the total square feet of floor space within the outside dimensions of a building including each floor level, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features.

Floor area ratio (FAR) shall be constructed as a mathematical expression determined by dividing total gross floor area of a building by the area of the lot on which is located. For example, a lot with twelve thousand (12,000) square feet in a district with a maximum FAR of .25 could contain three thousand (3,000) square feet of gross floor area (12,000 × .25 = 3,000).

Footprint shall mean the total square feet within the outside dimensions of a building at the top of the foundation, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features.

Reconstruction shall mean the structural alteration of the existing building, but shall not include the demolition and rebuilding thereof.

Street shall mean:

1.

A public way or a way which the city clerk certifies is physically constructed and maintained and used as a public way; or

2.

A private way shown on a definitive subdivision plan endorsed subsequent to 1953 and built to the specifications set forth therein; or

3.

A way presently having in the opinion of the planning board sufficient width, suitable grades and adequate construction to provide for the needs of vehicular traffic in relation to the proposed uses of the land abutting thereon or served thereby, and for the installation of municipal services to serve such land and the buildings erected or to be erected thereon.

(Ord. of 7-9-01)