The provisions of this ordinance shall be interpreted to be the minimum requirements adopted for the promotion of the health, safety, and the general welfare of the inhabitants of the City of Newburyport, Massachusetts.

The provisions of this ordinance are not intended to repeal, amend, abrogate, annul, or in any way impair or interfere with any lawfully adopted ordinance covenants, regulations, or rules.

Where the provisions of this ordinance are more restrictive than state law or regulations, the provisions of this ordinance shall take precedence.

Except as herein provided, the provisions of this ordinance shall apply to the erection, construction, reconstruction, alteration, or use of buildings, structures or use of land.

Except as hereinafter provided, this zoning ordinance shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on this ordinance but shall apply to any change or substantial extension of such use, to a building or special permit issued after the first notice of said public hearing, to any reconstruction, extension or structural change of such structure and to any alteration of a structure begun after the first notice of said public hearing to provide for its use for a substantially different purpose or for the same purpose in substantially different manner or to a substantially greater extent except where alteration, reconstruction, extension or structural change to a single- or two-family residential structure does not increase the nonconforming nature of said structure.

On Plum Island (which is a Barrier Beach), all new buildings shall be built on open pilings and shall comply with FEMA National Flood Insurance Regulations and State Building Code Regulations for elevation and flood proofing. All existing buildings with substantial improvements, and all horizontal expansions of the existing footprint, shall be built on open pilings and shall comply with FEMA National Flood Insurance Regulations and State Building Code Regulations for elevation and flood proofing. If a licensed engineer certifies that an existing portion of the solid foundation will not require modifications to support the proposed building (other than new pilings exterior to the existing footprint), the existing portion of the solid foundation may remain.

Notwithstanding the previous sentence, the existing solid foundation of a building shall be replaced with pilings, if, fifty (50) percent or more of the exterior walls have been removed, or are proposed to be removed, and a new roof will be constructed, or is proposed to be constructed.

(Ord. of 9-12-05(3); Ord. of 6-25-12(2))

In cases of mixed occupancy, the regulation for each use shall apply to the portion of the building or land so used. The dimensional requirements in a mixed-use building shall be governed by the ground-floor use of the building. If a mixed-use building combines different uses on the ground-floor, dimensional requirements shall be governed by that ground-floor use which preserves the street line. No non-water dependent/related uses shall be permitted in a mixed use building which would be in violation of section VI-O.

(Ord. of 2-14-05, § B(1))