This chapter is adopted pursuant to the authority
granted by Chapter 40A of the General Laws of the Commonwealth of
Massachusetts and any amendments thereof.
This chapter is enacted for the following purposes:
A. To promote the health, safety, convenience and general
welfare of the inhabitants of the Town of Fairhaven.
B. To lessen the danger from fire, flood, panic and other
natural or manmade disasters.
C. To improve and beautify the town.
D. To prevent overcrowding of land.
E. To avoid undue concentration of population.
F. To facilitate the adequate needs of water, water supply,
drainage, sewerage, schools, parks, open space and other public requirements.
G. To conserve the value of land and buildings, including
the conservation of natural resources and the prevention of blight
and pollution of the environment.
H. To encourage the most appropriate use of land throughout
the town.
I. To preserve and increase amenities by the promulgation
of the regulations to fulfill said objectives.
This chapter shall be administered by the Building
Commissioner. No building shall be erected, structurally or externally
altered and no use of land or a building shall be started or changed
without a building permit having been issued by the Building Commissioner.
No premises shall be equipped or used without an occupancy permit
issued by the Building Commissioner. No such permits shall be issued
for construction or use in violation of any provisions of this chapter.
The Building Commissioner may institute appropriate
legal proceedings to enforce the provisions of this chapter or to
restrain by injunction any violations thereof, or both, and shall
institute and take any and all such action as may be necessary to
enforce full compliance with any and all of the provisions of this
chapter.
Any person, business or other legal entity violating
any provision of this chapter, any conditions under which a permit
is issued or any decision rendered by the Zoning Board of Appeals
or other special permit granting authority may be fined not more than
$300 for each offense. Each day that such violation continues shall
constitute a separate offense.
The Fairhaven Planning Board is hereby designated as one of the special permit granting authorities (SPGA) under the provisions of MGL c. 40A, § 9. (See §
198-15C of this chapter.)
The Zoning Board of Appeals may authorize upon
appeal, or upon petition in cases where dimensional modifications
are sought with respect to a particular parcel of land or to an existing
building thereon, a variance from the terms of this chapter, where,
owing to conditions specifically affecting each parcel or such building,
but not affecting generally the zoning district in which it is located,
a literal enforcement of the provisions of this chapter would involve
substantial hardship, financial or otherwise, to the appellant and
where desirable relief may be granted without nullifying or substantially
derogating from the intent or purpose of this chapter, but not otherwise.
The Zoning Board of Appeals shall hold a public hearing in accordance
with the provisions of Chapter 40A on all variance applications brought
before it.
This chapter may from time to time be changed
by amendment, addition or repeal by the Town Meeting in the manner
provided in MGL c. 40A, § 5, and any amendments therein.
The invalidity of any section or provision of
this chapter shall not invalidate any other section or provision thereof.
Where the application of this chapter imposes
greater restrictions than those imposed by any other regulations,
permits, restrictions, easements, covenants or agreements, the provisions
of this chapter shall control.
This chapter shall take effect when, following
adoption by the town, it is approved by the Attorney General of the
Commonwealth of Massachusetts and is published or posted as provided
by law. Upon its effective date, it shall supersede the Zoning Bylaw
and all amendments to it previously in effect.