Section 1 – Title of Chapter
Section 1. This chapter shall be known and may by cited as ”The Zoning Act”.
Section 10 – Variances
Section 10. The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms […]
Section 11 – Notice Requirements for Public Hearings; Parties in Interest Defined; Review of Special Permit Petitions; Recording Copies of Special Permit and Variance Decisions
Section 11. In all cases where notice of a public hearing is required notice shall be given by publication in a newspaper of general circulation in the city or town once in each of two successive weeks, the first publication to be not less than fourteen days before the day of the hearing and by […]
Section 12 – Boards of Appeal; Membership; Rules
Section 12. Zoning ordinances or by-laws shall provide for a zoning board of appeals, according to the provisions of this section, unless otherwise provided by charter. The mayor subject to confirmation of the city council, or board of selectmen shall appoint members of the board of appeals within three months of the adoption of the […]
Section 13 – Zoning Administrators; Appointment; Powers and Duties
Section 13. A zoning ordinance or by-law may authorize the appointment of a zoning administrator, who, unless otherwise provided by charter, shall be appointed by the board of appeals, subject to confirmation by the city council or board of selectmen, to serve at the pleasure of the board of appeals pursuant to such qualifications as […]
Section 14 – Boards of Appeal; Powers
Section 14. A board of appeals shall have the following powers:— (1) To hear and decide appeals in accordance with section eight. (2) To hear and decide applications for special permits upon which the board is empowered to act under said ordinance or by-laws. (3) To hear and decide petitions for variances as set forth […]
Section 15 – Appeals to Permit Granting Authority; Notice; Time; Boards of Appeal Hearings; Procedure
Section 15. Any appeal under section eight to a permit granting authority shall be taken within thirty days from the date of the order or decision which is being appealed. The petitioner shall file a notice of appeal specifying the grounds thereof, with the city or town clerk, and a copy of said notice, including […]
Section 16 – Final Unfavorable Decisions by Permit Granting Authorities; Reconsideration; Withdrawal of Petitions for Variance or Applications for Special Permit
Section 16. No appeal, application or petition which has been unfavorably and finally acted upon by the special permit granting or permit granting authority shall be acted favorably upon within two years after the date of final unfavorable action unless said special permit granting authority or permit granting authority finds, by a unanimous vote of […]
Section 17 – Judicial Review
Section 17. Any person aggrieved by a decision of the board of appeals or any special permit granting authority or by the failure of the board of appeals to take final action concerning any appeal, application or petition within the required time or by the failure of any special permit granting authority to take final […]
Section 3 – Subjects Which Zoning May Not Regulate; Exemptions; Public Hearings; Temporary Manufactured Home Residences
Section 3. No zoning ordinance or by-law shall regulate or restrict the use of materials, or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by-law prohibit, unreasonably regulate, or require a special permit for the use of land for the primary purpose of commercial agriculture, aquaculture, […]
Section 3a – Multi-Family Zoning As-of-Right in Mbta Communities
Section 3A. (a)(1) An MBTA community shall have a zoning ordinance or by-law that provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right; provided, however, that such multi-family housing shall be without age restrictions and shall be suitable for families with children. For the purposes of […]
Section 4 – Uniform Districts
Section 4. Any zoning ordinance or by-law which divides cities and towns into districts shall be uniform within the district for each class or kind of structures or uses permitted. Districts shall be shown on a zoning map in a manner sufficient for identification. Such maps shall be part of zoning ordinances or by-laws. Assessors’ […]
Section 5 – Adoption or Change of Zoning Ordinances or By-Laws; Procedure
Section 5. Zoning ordinances or by-laws may be adopted and from time to time changed by amendment, addition or repeal, but only in the manner hereinafter provided. Adoption or change of zoning ordinances or by-laws may be initiated by the submission to the city council or board of selectmen of a proposed zoning ordinance or […]
Section 6 – Existing Structures, Uses, or Permits; Certain Subdivision Plans; Application of Chapter
Section 6. Except as hereinafter provided, a zoning ordinance or by-law 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 such ordinance or by-law required by section five, but shall apply to […]
Section 7 – Enforcement of Zoning Regulations; Violations; Penalties; Legally Nonconforming Structures; Notice of Action; Jurisdiction of Superior Court
Section 7. The inspector of buildings, building commissioner or local inspector, or if there are none, in a town, the board of selectmen, or person or board designated by local ordinance or by-law, shall be charged with the enforcement of the zoning ordinance or by-law and shall withhold a permit for the construction, alteration or […]
Section 8 – Appeals to Permit Granting Authority
Section 8. An appeal to the permit granting authority as the zoning ordinance or by-law may provide, may be taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of this chapter, by the regional planning agency in whose area the […]
Section 9 – Special Permits
Section 9. Zoning ordinances or by-laws shall provide for specific types of uses which shall only be permitted in specified districts upon the issuance of a special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of the ordinance or by-law, and shall be subject […]
Section 9a – Special Permits for Adult Bookstores, Adult Motion Pictures Theaters, Adult Paraphernalia Stores, Adult Video Stores or Establishments Which Display Live Nudity
Section 9A. Zoning ordinances or by-laws may provide for special permits authorizing the establishment of adult bookstores, adult motion picture theaters, adult paraphernalia stores, adult video stores or establishments which display live nudity for their patrons as hereinafter defined. Such zoning ordinance or by-law may state the specific improvements, amenities or locations of proposed uses […]
Section 9b – Solar Access
Section 9B. Zoning ordinances or by-laws adopted or amended pursuant to section five of this chapter may encourage the use of solar energy systems and protect solar access by regulation of the orientation of streets, lots and buildings, maximum building height limits, minimum building set back requirements, limitations on the type, height and placement of […]
Section 9c – Child Care Facilities; Allowable Floor Area; Charges of Owner; Family Incomes
Section 9C. As used in this section, the term ”child care facility” shall mean a child care center or a school-aged child care program, as defined in section 1A of chapter 15D. When any zoning ordinance or bylaw in any city or town limits the floor area of any structure, such floor area shall be […]