A Quick Guide to Demolition Control Overlay District (DCOD) and Demo Delay in the DCOD

Note: The following bullets and questions summarize the parameters for determining whether or not a project requires DCOD and/or Demolition Delay review/approvals under Newburyport’s Ordinances:

• Is the structure in question listed as “Contributing” in the Newburyport Historic District Data Sheets?  If YES then DCOD applies to any demolition of exterior walls in excess of 25% as calculated based on the accompanying diagrams.
• If a single wall is in excess of 25% demolition this alone does not trigger DCOD SP, but additional demolition beyond this would.
• If the DCOD ordinance is triggered then the Zoning Board of Appeals (ZBA) acts as the Special Permit Granting Authority for the project including any roofline changes while considering any advisory Historical Report issued by the Newburyport Historic Commission (NHC).
• Roofline changes/demolition for primary structures greater than 75years in age and accessory structures greater than 100 years in age (regardless of “Contributing” status) are covered by Demo Delay even within the DCOD if the requirement for a DCOD Special Permit from the ZBA is not triggered.  As with Demo Delay elsewhere in Newburyport, the NHC provides Demo Delay review and may release the building for demolition or may invoke demo delay.  If Demo Delay is invoked the NHC may also review proposed demolition/reconstruction plans, and then issue a conditional release of the previously invoked demolition delay. In some cases the Commission will invoke demolition delay followed immediately by a conditional release in order to ensure a specific set of plans are used for the proposed work as an alternative to the demolition delay, which would otherwise only be a temporary moratorium. 
• Projects involving less than 25% exterior wall demolition, and projects that do not trigger a roofline change, are not subject to any Historic Review within the DCOD.
• Window replacement in existing openings, without additional work, does not trigger NHC or ZBA review within the DCOD.
• Projects within the DCOD may also require ZBA review for a Special Permit for Non-Conformities or Variance based on the size or location of the existing structure and the proposed work.  This is a separate Special Permit request, but parallel and consolidated review process (i.e. public hearing).