It is the purpose and intent of this article to describe how
this ordinance will be originally adopted and subsequently amended,
as well as to describe the effects of the decision holding a part
of this ordinance invalid and the effective date of this ordinance.
[Amended eff. 8-1-1991 by Ord. No. 391]
In order to promote the effective coordination of the land use
regulatory bodies and in the instance where a development is proposed
for subdivision approval, special permit, variance or any like matter,
seeking approval from the Zoning Board of Appeals or the Community
Development Board, and in the instance where such development would
comprise 50 acres or more, said Zoning Board of Appeals or the Community
Development Board shall seek the advice and opinion of the Conservation
Commission of the effect of the proposed development on wetland resources.
Further, said Zoning Board of Appeals or Community Development Board
shall ensure that the public hearing process under which it acts shall
be held jointly with the Conservation Commission.
[Amended eff. 8-1-1990 by Ord. No. 390; eff. 8-10-2006 by
Ord. No. 805]
A.
This Zoning Ordinance will be originally adopted and from time to
time changed by amendment, addition or repeal in the manner hereinafter
provided.
B.
The adoption or change of this ordinance may be initiated by the
submission to the City Council of the proposed zoning ordinance or
change by the City Council, Zoning Board of Appeals, by an individual
owning land to be affected by the change or adoption, by 10 registered
voters in the City, by the Community Development Board, by the Merrimack
Valley Planning Commission or by other methods provided by the City
Charter, as may be amended. The City Council shall, within 14 days
of receipt of such zoning ordinance or change, submit it to the Community
Development Board for review.
C.
No zoning ordinance or amendment thereto shall be adopted until after
the Community Development Board and the City Council or a committee
designated or appointed for the purpose by said Council has held a
public hearing thereon at which interested persons shall be given
an opportunity to be heard. Said public hearing shall be held within
65 days after the proposed zoning ordinance or change is submitted
to the Community Development Board by the City Council.
D.
Notice of the time and place of such public hearing, of the subject
matter, sufficient for identification, and of the place where texts
and maps thereof may be inspected shall be published in a newspaper
of general circulation in the City once in each of two successive
weeks, the first publication to be not less than 14 days before the
day of the hearing (not counting the day of the hearing), and by posting
such notice in a conspicuous place in City Hall for a period of not
less than 14 days before the day of said hearing.
E.
In addition to the notice provided for in Subsection C, notice shall further be sent by mail, postage prepaid, to owners of parcels affected by the rezoning and abutters, owners of land directly opposite any public or private street or way adjacent to the proposed rezoning, and abutters to abutters within 300 feet of the property line of the area proposed for rezoning. The names of such individuals shall be ascertained from the most recent applicable tax list in the Assessor's Office. Said notice shall be mailed no later than 14 days prior to the hearing on such rezoning request as provided for in Article XIII. The costs for such notice shall be paid for by the applicant for the rezoning.
F.
Notice of said hearing shall also be sent by mail, postage prepaid,
to the Massachusetts Department of Community Affairs, the Merrimack
Valley Planning Commission and to the Planning Boards of all abutting
cities and towns.
G.
No vote to adopt any such proposed ordinance or amendment shall be
taken until a report with recommendations by the Community Development
Board has been submitted to the City Council; or 21 days after said
hearing have elapsed without submission of such report, the City Council
may adopt, reject or amend any such proposed ordinance. If the City
Council fails to vote to adopt any proposed ordinance or amendment
within 90 days after such hearing, no action shall be taken thereon
until after a subsequent public hearing is held with notice and report
as above provided.
H.
No zoning ordinance shall be adopted or changed except by a two-thirds
vote of all the members of the City Council, provided that if there
is filed with the City Clerk prior to final action by the Council
a written protest against such change, stating the reasons, duly signed
by owners of 20% or more of the area of the land proposed to be included
in such change, or of the area of the land immediately adjacent extending
300 feet therefrom, no such change of any such ordinance shall be
adopted except by a three-quarters vote of all members.
I.
No proposed zoning ordinance or amendment which has been unfavorably
acted upon by the City Council shall be considered by the City Council
within two years after the date of such unfavorable action unless
the adoption of such proposed ordinance or amendment was recommended
in the final report of the Community Development Board.
J.
The effective date of the adoption or amendment of this Zoning Ordinance
shall be the date on which such adoption or amendment was voted upon
by the City Council. After the adoption of the Zoning Ordinance or
amendments, the City Clerk shall send a copy of same to the Department
of Community Affairs forthwith. A true copy of the Zoning Ordinance,
with any amendments thereto, shall be kept on file available for inspection
in the office of the City Clerk.
K.
No claim of invalidity of this Zoning Ordinance arising out of any
possible defect in the procedure of adoption or amendment shall be
made in any legal proceeding and no state, regional, county or municipal
officer shall refuse, deny or revoke any permit, approval or certificate
because of any such claim of invalidity unless, within 120 days after
adoption of this ordinance or amendment, legal action is commenced
within the time period specified in Chapter 40 and notice specifying
the court, parties, invalidity claimed and date of filing is filed,
together with a copy of the petition, with the City Clerk within seven
days after commencement of the actions. All procedures not stated
herein but stated in the Massachusetts Zoning Act shall be governed
by the Zoning Act as may be amended from time to time.
L.
In case any section or provision of this ordinance shall be held
invalid in any court, the same shall not affect any other section
or provision of this ordinance except so far as the section or portion
so declared invalid shall be inseparable from the remainder of any
portion thereof.
The effective date of this ordinance shall be October 19, 2009.
