These bylaws are enacted to promote the general welfare of the
Town of Foxborough, to protect the health and safety of its inhabitants,
to encourage the most appropriate use of land throughout the Town,
and to increase the amenities of the Town, all as authorized by, but
not limited by, the provisions of the Zoning Act, MGL Chapter 40A,
as amended, and § 2A of 1975 Mass. Acts 808.
These bylaws are enacted in accordance with the provisions of
MGL Chapter 40A, the Zoning Act, any and all amendments thereto, and
by Article 89 of the Amendments to the Constitution of the Commonwealth
of Massachusetts.
[Amended 11-15-2021 STM by Art. 3]
For these purposes, the construction, repair, alteration, reconstruction,
height, 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.
1.3.1.
Certain terms. For purposes of these bylaws, and except otherwise
as may specifically be stated, all references to the term "Town" shall
mean the Town of Foxborough; all reference to such terms as "Planning
Board," "Board of Appeals," and the like shall mean such boards, agencies,
committees or the like of the Town of Foxborough as are designated
by such terms; and all references to such terms as "Building Commissioner,"
"Town Clerk," "Director of Land Use and Economic Development," and
the like shall mean such officials of the Town of Foxborough as are
designated by such terms.
[Amended 5-8-2023 ATM by Art.
15]
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 these bylaws. No building,
structure or land shall be used for any purpose or in any manner other
than as expressly permitted within the district in which such building,
structure or land is located. Where the application of these bylaws
imposes greater restrictions than those imposed by any other regulation,
permit, restriction, easement, covenant, or agreement, the provisions
of these bylaws shall control. Nothing herein shall be construed to
supersede the provisions of the State Building Code, 780 CMR 1.00
et seq.
1.4.1.
Applicability; nonconformities. Except as hereinafter provided,
these bylaws 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 these
bylaws 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 of 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. Construction or operations under a building permit
or special permit shall conform to any subsequent amendments to these
bylaws, 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.
These bylaws may be changed by amendment, addition or repeal
pursuant to MGL c. 40A, § 5.
The effective date of any change shall be the date of the Town
Meeting vote of acceptance, unless disapproved by the Massachusetts
Attorney General, whereby the previous bylaw shall govern.
The invalidity of any section or provision of these bylaws shall
not invalidate any other section or provision herein.
