PROTECTIVE ZONING BYLAW
Adopted by Town Meeting
April 29, 1989
Amended 5/6/00 Section
6.3
3.2 Overlay Districts
. 4
3.3 Location
of Districts
4
3.4 Boundaries
of Districts
5
SECTION
4: USE REGULATIONS
7
4.1 General
Regulations
7
4.2 Use
Regulations Schedule
.. 7
4.3 Water
Supply Protection District
11
4.4 Floodplain
District
.. 15
4.5 Parking
and Loading Requirements
19
4.6 Sign
Regulations
20
4.7 Standards
for Multi-Family Dwellings
.. 22
4.8 Standards
for Business and Industrial Use
. 23
4.9 Driveway
Regulations
. 23
4.10 Camping
Trailers, Travel Trailers or Motor Homes; Industrial Semi-Trailers
.. 25
SECTION
5: INTENSITY
REGULATIONS
29
SECTION
6: SPECIAL PERMITS AND SITE PLAN REVIEW
. 31
6.1 Special
Permits
. 31
6.2 Site
Plan Review
. 33
6.3 Personal
Wireless Service Facilities
Next Section
SECTION
7: PHASING OF GROWTH
. 32
7.1 Purpose
. 36
7.2 Regulations
.. 36
7.3 Administration
. 37
7.4 Building
Permit Amendment
.. 38
SECTION
8: OPTIMAL DEVELOPMENT
METHODS
.
39
8.1 Back
8.2 Flexible
Development for Small Projects
.. 40
8.3 Conservation
Development
40
SECTION
9: DEFINITIONS
..
. 4
SECTION 1 PURPOSE AND ADMINISTRATION
1.1 Purpose. The purpose of this Bylaw is to plan for the
orderly growth of the Town of Heath and to that end this Bylaw purports to:
promote the prosperity and well-being of its inhabitants while retaining the
rural character of the town; conserve the value of land and buildings including
the conservation of natural resources and the prevention of blight and
pollution of the environment; encourage the appropriate use of land throughout
the town; conserve health and safety; prevent overcrowding and undue
concentration of population while providing building guidelines appropriate for
residents of all income levels; support the development of adequate municipal
services consistent with managed growth of the town; maintain the scenic
characteristics of the area as an attraction to recreational and tourist
activities; preserve historical and other cultural resources; preserve and
increase amenities, e.g., the attractiveness and value of real estate, by the
promulgation of regulations to fulfill said purposes, in accordance with the
provisions of Chapter 40A, MGL, and Article 89 of the Amendments of the
Constitution.
1.2 Enforcement. The Building Inspector shall administer and enforce
this Zoning Bylaw. Buildings or
structures may be constructed, altered, or changed in use only upon
certification by the Building Inspector that such action is in compliance with
the then applicable Bylaw and that all necessary permits have been received
from those agencies from which approval is required by Local, State, and
Federal Law.
Issuance of a Building Permit or
Certificate of Use and Occupancy, where required under the State Building Code,
and a Special Permit if required by this Bylaw, shall serve as such
certification. Applications for such
certification shall be made to the Building Inspector who shall determine
whether the proposal is eligible to proceed, requires a Special Permit, or is
not in compliance with the Bylaw.
1.3 Penalty. Any person violating any of the provisions of
this Bylaw may be fined not more than Three Hundred Dollars ($300) for each
offense. Each day that such violation
continues shall constitute a separate offense.
1.4 Filing Fees. Any application for a Special Permit,
variance and/or appeal shall be accompanied by a filing fee of $60 plus any
additional expenses as specified in Section 6.1.4. This fee may be waived by the board to which
the application is addressed.
1.5 Zoning Board of Appeals (ZBA). There is hereby established a Zoning Board of
Appeals of five members, to be appointed by the Selectmen, each member to be
appointed for a term of five years, terms to be so arranged that the term of
one member expires each year. The
Selectmen shall appoint two associate members so that the Chairman of the ZBA
may designate any such associate member to sit on the board in case of absence,
inability to act or conflict of interest on the part of any member thereof, or
in the event of a vacancy on the board.
The Board of Appeals shall act
in all matters authorized by this Bylaw and by MGL Chapter 40A, including the
allowance of zoning variances and exceptions, use variances, and hearing of
denials of Special Permits and licenses, but excluding the granting of Special
Permits, which shall be under the jurisdiction of the Planning Board.
Zoning Bylaw:
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1.6 Special
Permit Granting Authority. The Special
Permit Granting Authority (SPGA) shall be the Planning Board. Special Permits shall be granted only for
proposals in compliance with the provisions of this Bylaw, and of MGL Chapter
40A, and upon written determination by the Planning Board that the proposal
will not have adverse effects which overbalance its beneficial effects on the
Town, as measured by the purposes of the Bylaw.
In acting on Special Permits the Planning Board shall consider the
Special Permit Criteria listed in Section 6.
1.7
Validity. The invalidity of any section or provision of
this Bylaw shall not invalidate any other section or provision thereof.
1.8 Applicability. 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.
1.9 Amendments. These Bylaws may be amended from time to
time in the manner described in MGL, Chapter 40A.
SECTION
2 - GENERAL REGULATIONS
The
following regulations shall apply throughout the Town of
specified
herein:
2.1 Pre-existing Uses, Structures, and Lots.
2.1.1 Continuation and Restoration. Any use or building, whether conforming to
this Bylaw or not, may be continued if that use or building was lawfully
existing at the time that it became nonconforming, and may be restored if
destroyed by fire or other accidental or natural cause, but if discontinued or
abandoned for more than 24 months, subsequent use shall comply with this Bylaw.
2.1.2 Alteration.
Legally nonconforming buildings may be altered if without extension or
change of use. Nonconforming buildings
or nonconforming uses of buildings or land may be extended or changed to
another nonconforming use only if granted a Special Permit by the Planning
Board, upon the Board's determination that the extension or change of use will
not be substantially more detrimental to the neighborhood than the existing
nonconforming use.
2.1.3 Nonconforming Lots. Requirements for lot size, frontage, and
front, side, and rear yards shall not apply to a lot for single-family or
two-family residential use which at the time of recording or endorsement,
whichever occurs sooner, was not held in common ownership with other adjoining
land, conformed to the then existing requirements, and had less than the
requirements of this Bylaw but at least five thousand (5,000) square feet of
area and fifty (50) feet of frontage.
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2.1.4 Conformance.
Construction or operations under a Building or Special Permit shall
conform to any subsequent amendment of this Bylaw unless the use or
construction is commenced within a period of six months after the issuance of
the permit and in cases involving construction, unless such construction is
continued through to completion as continuously and expeditiously as is
reasonable. (MGL, Chapter 40A e6)
2.2 Removal of Natural Materials. The removal of sod, earth, mineral
aggregates, stone or rock from a parcel of land heareafter shall require a
Special Permit except where it is incidental to the construction of an approved
building or is a routine part of normal farming or house maintenance
operations.
2.3 Erosion Control. Site design, materials and construction
processes shall be designed to avoid erosion damage, sedimentation or
uncontrolled surface water runoff.
2.3.1 Grading or construction which will result
in slopes of twenty-five percent or greater on fifty percent or more of the lot
area, or on thirty-two thousand square feet or more on a single parcel,
whichever is smaller, even if less than half of the lot area, shall be allowed
only under Special Permit. This shall be
granted only upon demonstration that adequate provisions have been made to
protect against erosion and soil instability.
2.3.2 All slopes exceeding fifteen percent
resulting from site grading shall either be covered with topsoil to a depth of
four inches and planted with vegetative cover sufficient to prevent erosion or
be retained by a wall constructed of masonry, reinforced concrete or treated
pile or timber.
2.3.3 No areas totaling two acres or more on
any parcel or contiguous parcels in the same ownership shall have existing
vegetation clear-stripped or be filled six inches or more so as to destroy
existing vegetation unless in conjunction with agricultural activity or unless
necessarily incidental to construction on the premises under a curently valid
building permit or unless within roads which are either public or designated on
an approved subdivision plan or unless a Special Permit is approved by the
Planning Board on the condition that runoff will be controlled, erosion avoided
and either a constructed surface or cover vegation will be provided not later
than the first full spring season immediately following completion of the
stripping operation. No stripped area or
areas which are allowed by Special Permit shall remain through the winter
without temporary cover of winter rye or similar plant material being provided
for soil control.
2.3.4 The Building Inspector shall require
information of the applicant as
necessary to ensure compliance with these requirements, including if necessary,
elevations at key locations, description of vegetation cover and the nature of
impoundment basins proposed, if any.
2.3.5 Where resultant site grades will exceed
fifteen percent the town may require a performance bond to ensure compliance
with these requirements.
Zoning Bylaw:
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2.3.6
SECTION 3 - DISTRICTS
3.1 Establishment of Districts. The entire Town of
Primarily Agricultural and
Residential - District 'A'
Residential/Recreational: Mohawk Estates - District 'B'
3.2 In addition, two overlay districts
are hereby created:
Water Supply Protection
Floodplain
3.3 Location of Districts. The boundries of the said districts are
hereby established as defined in this section, and illustrated on the set of
maps entitled "Zoning Map, Heath, Massachusetts". The Zoning Map, with all explanations
thereon, is hereby made part of this Bylaw.
3.3.1
The boundaries of the Heath Center District shall be as defined in this
section, quoting parcel boundaries and numbers as recorded on the "Tax Map
of Heath, Massachusetts, prepared by Edw. T. Calver, Revised 1987".
The district boundary shall
commence at the southeastern corner of Parcel #4 (now or formerly owned by
David Griswold) at its intersection with the right-of-way of
Zoning Bylaw:
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of
and proceed along the western
edge of the right-of-way of
3.3.2 District 'B', the area known as Mohawk
Estates, shall be bounded and described as shown on the map recorded in the
Franklin County Registry of Deeds, Book
28, Plan 90.
3.3.3 The Water Supply Protection District
shall be bounded as specified in Section 4.3.3.
3.3.4 The Floodplain District shall be bounded
as specified in Section 4.4.4.
3.4 Boundaries of Districts.
3.4.1 Where the boundary lines are shown upon
the Zoning Map approximately on the location of lot lines, and the exact location
of property, lot or boundary lines is not indicated by means of dimensions
shown in figures, the lot lines shall be the boundary lines.
3.4.2 Boundary lines located outside of public and
private ways and shown approximately parallel to their rights of way shall be
regarded as parallel to them, with distances separating them being measured at
right angles to the rights of way unless otherwise indicated.
3.4.3 In all cases which are not covered by
other provisions of this Section, the location of boundary lines shall be
determined by the distance in feet, if given, from other lines upon said Map,
by the use of identifications as shown on the Map, or by the scale of the Map.
3.4.4 Where a district boundary line (other
than an overlay district) divides any lot existing at the time such line is
adopted, the following conditions shall apply:
A. If the
of that
district shall govern the entire lot.
Zoning Bylaw:
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B. If the lot has frontage within two or more
districts, the owner may either:
1. Follow the requirements of the more
restrictive district in the entire lot, or
2. Follow the requirements of the less
restrictive district into the more
restrictive district for a distance no greater than one hundred (100) feet.
3.4.5 Where boundary lines are contour lines
they are of indicated elevation above the datum mean sea level of the U.S.
Geological Survey.
3.4.6 Any change of the Zoning Map shall
constitute an amendment of this Bylaw and the procedure for making such a
change shall conform to the requirements for amending this Bylaw.
Zoning Bylaw:
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SECTION 4 - USE REGULATIONS
4.1 General Regulations. No building or structure shall be
constructed, and no building, structure or land, or part thereof shall be used
for any purpose or in any manner other than for one or more uses hereinafter
set forth as permissible. Any uses not
listed in the Use Regulations Schedule, Section 4.2, shall be considered
prohibited.
4.2 Use Regulations Schedule
"Y"
shall mean permitted use by right
"N"
shall mean use is not allowed
"SP"
shall mean use is allowed by Special Permit
"A"
shall mean Primarily Agricultural and Residential
"B"
shall mean Residential/Recreational:
Mohawk Estates District
"C"
shall mean Heath Center District
