This bylaw shall be known as the "Zoning Bylaw of the Town of
Great Barrington, Massachusetts," hereinafter referred to as "this
bylaw." The original date of this bylaw was June 12, 1978. It has
been amended thereafter from time to time by Town Meeting, and recodified
and amended by Town Meeting on May 3, 2010, the effective date of
this bylaw.
This bylaw is adopted in accordance with the provisions of Chapter
40A of the General Laws, as amended by c. 808, Acts of 1975, and by
Article 89 of the Massachusetts Constitution, the Home Rule Amendment,
to regulate the use of land, buildings and structures to the full
extent of the independent constitutional powers of cities and towns
to protect the health, safety and general welfare of the present and
future inhabitants of the Town.
The purpose of this bylaw is to promote the general interests
of public health, safety and welfare, including but not limited to
the following objectives:
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To prevent overcrowding of land; to secure safety from fire,
flood, panic and other dangers; to conserve health; to lessen congestion
in the streets; to encourage housing for persons of all income levels;
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To facilitate the adequate provision of transportation, water
supply, drainage, sewerage, schools, parks, open space and other public
requirements;
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To conserve the value of land and buildings, including the conservation
of natural resources and the prevention of blight and pollution of
the environment;
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To preserve and increase amenities;
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To protect the Town's significant environmental features such
as floodplains and flood-prone areas, wetlands, all rivers, brooks,
ponds, water resources and woodlands; areas of scenic beauty such
as mountains and ridges; and sites and structures of historic importance;
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To preserve the natural, scenic and aesthetic qualities of the
community;
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To minimize the adverse effects of development on the Town's
unique environmental and historic features;
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To further the objectives of the Town's Comprehensive Master
Plan;
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To employ cooperatively the various measures taken by the Town's
agencies, under diverse legislative authority, including the State
Sanitary Code, Wetlands Protections Act, Subdivision Control Legislation
and the State Building Code, for the protection and enhancement of
the Town's existing character, open spaces, and in the interests of
the Town's orderly growth; and
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To promote a vital and diverse economic and cultural environment
which will enable young people to remain and prosper in the community.
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The use, construction, repair, alteration, height, location,
percentage of lot coverage by buildings and structures and the use
of land in the Town of Great Barrington are hereby restricted and
regulated as herein provided. No building, structure or land shall
be used or occupied and no building or structure or part thereof shall
hereafter be erected, constructed, reconstructed, moved or structurally
altered unless in conformity with the regulations of this bylaw, except
those already lawfully existing as provided herein.
1.4.1.
Nonconformities. Except as herein after provided, this bylaw
shall not apply to structures or uses lawfully in existence or lawfully
begun, or to a building permit or special permit issued before the
first publication of notice of the public hearing on this bylaw or
any amendments thereto, but shall apply to any change or substantial
extension of such use, to a building permit or special permit issued
after the first notice or 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 in a substantially different purpose or for
the same purpose in a substantially different manner or to a substantially
greater extent except where alteration, reconstruction, extension
or a structural change to a single- or two-family residential structure
does not increase the nonconforming nature of said structure.
1.4.2.
Commencement of construction or operation. Construction or operations
under a building permit or special permit shall conform to any subsequent
amendments to this bylaw, unless the use or construction is commenced
within a period of not more than six months after the issuance of
the permit and in any case involving construction, unless such construction
is continued through to completion as continuously and expeditiously
as is reasonable.
In their interpretation and application, the provisions of this
chapter shall be held to be minimum requirements. Whenever the requirements
of this chapter are at variance with the requirements of any other
lawfully adopted regulations or bylaws, the most restrictive or the
one imposing the highest standards shall govern.
1.6.2.
Public hearing. No zoning bylaw or amendment thereto shall be adopted at an Annual or Special Town Meeting until after the Planning Board has held a public hearing thereon for which a notice has been published, posted and mailed as provided in MGL c. 40A, § 5 and has made a report with recommendations to the Town meeting or after 21 days shall have lapsed after such hearing without submission of such report.
1.6.3.
Two years. No proposed bylaw making a change in any existing
zoning bylaw which has been unfavorably acted upon by a town meeting
shall be considered on its merits by the Town meeting within two years
after the date of such unfavorable action unless the adoption of such
proposed bylaw is recommended in the Report of the Planning Board
to Town Meeting, if any.
The invalidity of any section or provision of this bylaw shall
not invalidate any other section or provision thereof.
