[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.
A.
Building Commissioner. The Building Commissioner as
designated pursuant to the State Building Code shall administer and
enforce this Bylaw, including the receiving of applications, the inspection
of premises, the issuing of building permits and issuing violation(s)
hereof.
[Amended 5-6-2019 ATM by Art. 26]
B.
Granting of building permits.
(1)
The Building Commissioner shall not grant a permit
for the use, construction or alteration of any building unless the
provisions of this Bylaw have been met.
(2)
The Building Commissioner shall publish each month
a list of all building permits granted during the previous month in
the newspaper of widest circulation within the Town.
[Amended 5-1-1995 ATM by Art. 37]
C.
Building permit requirements.
(1)
No building shall be erected, moved, placed on a lot,
added to or structurally altered until a permit therefor has been
issued by the Building Commissioner.
(2)
No excavation for a building foundation nor work on
a foundation shall be commenced, until a building permit has been
issued by the Building Commissioner.
(3)
No building permit shall be issued unless the application
for such permit complies with the Building Code and this Bylaw, and
is accompanied by such written information, plans, elevations and
sections, specifications and other data necessary as determined by
the Building Commissioner, for a full and accurate description of
the proposed construction, alteration or use. A record of such applications
shall be kept on file in the office of the Building Commissioner.
D.
Lapse of building permit. A building permit shall lapse if construction has not begun within six months from the issuance of the building permit. A permit shall remain valid only if the use, construction or alteration for which it was issued proceeds in good faith continuously to completion except for good cause shown. (See definition of "construction, start or commencement of," § 200-7.)
[Amended 5-6-2019 ATM by Art. 26]
E.
Changes in approved construction, alteration, or use.
If subsequent to the issuance of a special permit, variance, or building
permit, changes in approved construction, alteration or use are desired,
the applicant shall inform the Building Commissioner in writing of
these changes and his written approval must be obtained in advance
of any work commencing. Said notification shall be confirmed in writing
to the Building Commissioner together with appropriate revised plans
and specifications within one week from said approval and the building
permit shall be amended accordingly. If a special permit or variance
has been issued, written approval from the Board of Appeals is required
before the Building Commissioner will accept the proposed changes.
If a special permit has been issued, prior written approval of the
Planning Board is required before the Building Commissioner will accept
the proposed changes.
[Amended 5-6-2019 ATM by Art. 26]
F.
Certified plot plan. Within 21 days after the completion
of the foundation, the applicant shall file with the Building Commissioner,
a plot plan based upon an actual current survey, showing the location
of the foundation on the lot and first floor elevation prepared by
a registered land surveyor who shall certify on the plan that the
location of the foundation complies with this Bylaw and any relief
granted hereunder.
[Amended 5-1-1995 ATM by Art. 37; 5-6-2019 ATM by Art. 26]
G.
[1]Violation of building permits. If the Building Commissioner
finds that any of the provisions of this Bylaw are being violated,
he shall notify in writing the person responsible for such violation,
indicating the nature of the violation, and order the action necessary
to correct it. The Building Commissioner shall order discontinuance
of illegal use of land or buildings, or construction of buildings,
or work related thereto; removal of illegal buildings, additions,
alterations or structural changes; and shall take any other action
authorized by this Bylaw to ensure compliance with its provisions.
H.
Appeals to Board of Appeals. If the Building Commissioner
is requested in writing to enforce this Bylaw against any person allegedly
in violation the Building Commissioner shall respond, in writing,
within 14 days of receipt of such request and state any enforcement
measures and any other action taken or state a refusal to act and
the reasons for that refusal or determination. Any person (including
any Town board) aggrieved by an action taken or determination made
by the Building Commissioner in the administration of this Bylaw may
appeal within 30 days thereafter to the Board of Appeals in accordance
with the requirements of G.L. c. 40A sec. 8 and sec. 15 by filing
with the Town Clerk notice of appeal in accordance therewith. The
Town Clerk shall transmit copies thereof to the Board of Appeals and
Building Commissioner.
[Amended 5-6-2019 ATM by Art. 26]
I.
Penalty for violation. Whoever violates any of the provisions of
this Bylaw shall be punishable by a fine of $300 for each offense.
Each day that such violation is permitted to exist shall constitute
a separate offense. The imposition of a penalty shall not excuse the
violation and shall not be held to prevent the enforced removal of
prohibited conditions where they continue to exist as a violation
of this Bylaw.
[Added 5-6-2019 ATM by Art. 26]
A.
Approval required. ]No land and no building which
was erected, moved, placed on a lot, added to, or structurally altered
shall be occupied or used until the Building Commissioner has given
written approval stating that all buildings and use of premises comply
with the provisions of this Bylaw and the State Building Code. The
Building Commissioner may give temporary approval with such conditions
as he may deem it wise to impose for a period not to exceed six months.
B.
Record requirements. A record of all occupancy certificates
shall be kept on file by the Building Commissioner.
[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 Board of Selectmen, 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 Board of Selectmen 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]
A.
Applicability. A variance from the requirements of
this Bylaw may be authorized by the Board of Appeals, for a particular
use for a particular parcel of land or for an existing building for
which a building permit or a special permit cannot be issued. Variances
may be granted where, owing to circumstances relating to the soil
conditions, shape, or topography of such land or structures and especially
affecting such land or building but not affecting generally the zoning
district in which it is located, a literal enforcement of the provisions
of this Bylaw would involve substantial hardship, financial or otherwise,
to the appellant, and that desirable relief may be granted without
substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of this Bylaw
but not otherwise.
B.
Conditions. In approving a variance, the Board of
Appeals may attach conditions concerning time, use and safeguards
which the Board deems necessary to protect the surrounding neighborhood
and the public good.
[Amended 5-6-2019 ATM by Art. 26]
C.
Duration. If the rights authorized by a variance are
not exercised within one year of the date of the grant of the variance,
such rights shall lapse, unless the Board of Appeals extends the time
for the exercise of such rights pursuant to G.L. c. 40A, sec. 10.
[Amended 5-6-2019 ATM by Art. 26]
