[Amended 5-6-2019 ATM by Art. 26]
A. Title and authority. This Bylaw, enacted pursuant
to Chapter 40A, of the Massachusetts General Laws (Chapter 40A), and
all amendments thereto shall be known and may be cited as the "Marblehead
Zoning Bylaw (Bylaw)."
B. Purpose. This Bylaw is enacted to promote the general
welfare of the Town of Marblehead, to protect the health and safety
of its inhabitants, to encourage the most appropriate use of land
throughout the Town, to preserve the cultural, historical and marine
heritage of the community, to increase the amenities of the Town,
to reduce the hazard from fire by regulating the location and the
height, size and use of buildings and the area of open space around
them, all in order to promote the health, safety, convenience and
general welfare of the inhabitants of the Town of Marblehead, all
as authorized by, but not limited to, the provisions of the Zoning
Act, G.L. c. 40A, as amended, Section 2A of 1975 Mass. Acts 808, and
by Article 89 of the Amendments to the Constitution of the Commonwealth
of Massachusetts.
C. Conflicts. Where there are conflicts between this
Bylaw and other bylaws, covenants, agreements or laws, this Bylaw
shall prevail where it is more restrictive; it shall not prevail where
it is less restrictive.
D. Prior law. Except as otherwise provided in G.L. c. 40A sec. 11, the
adoption of this Bylaw shall not affect the validity of any action
lawfully taken under the provision of the Zoning Bylaw in effect prior
to the date this Bylaw becomes effective.
E. Severability. Should any section, provision or paragraph of this
Bylaw be declared invalid by a court review, such decision shall not
affect the validity of the Bylaw as a whole or any section or provisions,
other than the portion so declared to be invalid.
F. Scope. For these purposes, the construction, repair, alteration,
demolition, reconstruction, height, number of stories, and size of
buildings and structures, the size and width of lots, the percentage
of lot area that may be occupied, the size of yards, courts, and other
open spaces, the density of population, and the location and use of
buildings, structures, and land in the Town are regulated as hereinafter
provided.
G. Applicability.
All buildings or structures hereinafter erected, reconstructed, altered,
enlarged, or moved, and the use of all premises in the Town, shall
be in conformity with the provisions of the Zoning Bylaw. No building,
structure or land shall be used for any purpose or in any manner other
than is expressly permitted within the district in which such building,
structure or land is located except where it is allowed or allowed
by special permit or variance. Where the application of this Bylaw
imposes greater restrictions than those imposed by any other regulations,
permits, restrictions, easements, covenants, or agreements, the provisions
of this Bylaw shall control.
H. Amendment.
This Bylaw and Zoning Map may from time to time be changed by amendment,
addition, or repeal by the Town Meeting in the manner provided in
G.L. c. 40A, § 5, and any amendments thereto.
[Amended 5-1-1995 ATM by Art. 37; 5-1-1995 ATM by Art. 41; 5-4-2008 ATM
by Art. 25; 5-6-2019 ATM by Art. 26]
A. Membership. There is established a Board of Appeals
comprised of five members and four associate/alternate members, all
of whom shall be appointed by the Select Board, as provided in G.L.
c. 40A.
B. Authority. The Board of Appeals shall act on all matters
within its jurisdiction under this Bylaw in the manner prescribed
in G.L. c. 40A. It shall have all powers and perform all the duties
set forth in G.L. c. 40A and all other applicable provisions of law,
general or specific.
C. Procedures. Procedure and hearings by and before the
Board of Appeals shall be governed by G.L. c. 40A and the rules and
regulations of the Board of Appeals, as revised from time to time.
D. Appeals. Appeals from the Board of Appeals shall be
in accordance with the provisions of G.L. c. 40A.
[Added 5-4-2008 ATM by Art. 25]
A. Membership; special permit granting authority. Where
the Planning Board is authorized by this Bylaw to determine whether
to grant, deny or grant with conditions a special permit, and is acting
in said capacity, the Planning Board shall be comprised of five members
and one associate member.
B. Associate members. Associate members shall be appointed
by a majority vote of the Select Board and the Planning Board combined.
[Amended 5-6-2019 ATM by Art. 26]
C. Procedures. Procedure and hearings by and before the Planning Board
shall be governed by G.L. c. 40A, and the rules and regulations of
the Planning Board, as revised from time to time.
[Added 5-6-2019 ATM by Art. 26]
D. Appeals. Appeals from the Planning Board shall be in accordance with
the provisions of G.L. c. 40A.
[Added 5-6-2019 ATM by Art. 26]