[Amended 3-23-1968 ATM by Art. 58; 4-4-1970 ATM by Art. 60; 3-15-1973 ATM by Art.
74; 2-9-1978 STM by Art. 2; 5-3-1986 STM by Art. 6; 5-7-1988 ATM by Art. 10; 5-9-1989 ATM by Art. 20; 5-4-1991 ATM by Art. 24]
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.)
A.
There is hereby established a Zoning Board of Appeals
of five members and four associate members appointed by the Selectmen,
as provided in MGL c. 40A, which shall act on all matters within its
jurisdiction under this chapter in the manner prescribed in Chapter
40A of the General Laws. The Board established hereunder shall act
as the permit granting authority for appeals under MGL c. 40A, §§ 8
and 10, and one of the special permit granting authorities as provided
in MGL c. 40A, § 9. This subsection should not be construed
as to limit any of the authority of the Zoning Board of Appeals under
any other section of Chapter 40A.
B.
An Appeal to the Zoning Board of Appeals may be taken by any person aggrieved by reason of his/her inability to obtain a permit or enforcement action from the Fairhaven Building Commissioner for reasons in violation of the provisions of Chapter 40A or this Chapter 198, Zoning, as provided under MGL c. 40A, § 8. An appeal to the Zoning Board of Appeals may also be taken by the Regional Planning Agency for the Town of Fairhaven, an officer or board of the Town of Fairhaven or an abutting city or Town of Fairhaven who is aggrieved by an order or decision of the Fairhaven Building Commissioner pertaining to the provisions of Chapter 40A, or this Chapter 198, Zoning, as prescribed under MGL c. 40A, § 8.
C.
The Zoning Board of Appeals shall not hear an appeal
from any decision made by another special permit granting authority
as established under MGL c. 40A, § 9. Such appeals shall
be made to Superior Court as required under MGL c. 40A, § 17.
The Zoning Board of Appeals shall hold public hearings in accordance
with the provisions of Chapter 40A on all appeals and petitions brought
before it.
A.
A special permit issued by a special permit granting
authority (SPGA) as provided for in this chapter shall be required
for certain uses permitted in specified districts. Such special permits
may be issued for specific uses, which are in harmony with the general
purpose and intent of this chapter and shall be subject to additional
conditions, safeguards and limitations on time, space and use as the
designated SPGA may reasonably require. A special permit shall not
be issued by an SPGA for an excluded or prohibited use as defined
in this chapter. The SPGA shall take into account the general purpose
and intent of this chapter and, in order to preserve community values,
may impose conditions and safeguards deemed necessary to protect the
surrounding neighborhood, in addition to the applicable requirements
of this chapter, and shall not issue a special permit which shall
appear to be detrimental to the public interest because:
(1)
It appears that the intent of the performance standards of § 198-24 or other requirements of this chapter cannot be or will not be met.
(2)
Traffic generated or patterns of access and egress
would cause congestion, hazard or substantial change in established
neighborhood character.
(3)
The continued operation of or development of adjacent
uses as permitted by this chapter would be adversely affected by the
nature of the proposed use.
(4)
A nuisance or hazard would be created.
(5)
The specific proposal derogates from the intent and
purpose of the chapter.
B.
No special permit shall be issued except following
a public hearing within 65 days after filing of an application with
the granting authority. Failure of the special permit granting authority
to act within 90 days following said public hearing shall be deemed
a grant of the application. A special permit granted under this section
shall lapse if substantial use thereof or construction has not begun
within two years, except for good cause.
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.
