Zoneomics Logo
search icon

Erving City Zoning Code

ARTICLE 230

1.0 PURPOSE AND AUTHORITY

§ 230-1.1 PURPOSE.

This Zoning Bylaw ("this Bylaw") has been enacted to promote and protect the public health, safety, convenience, and general welfare of the inhabitants of the Town of Erving and:
• To plan for the orderly growth of the Town of Erving;
• To promote the prosperity and well-being of its inhabitants while retaining the rural character of the Town;
• To prevent blight;
• To protect natural resources and prevent pollution of the environment;
• To encourage the appropriate use of land throughout the Town;
• To mitigate and reverse the effects of climate change; to encourage multi-modal transportation;
• To protect public health and safety;
• To prevent overcrowding and undue concentration of population while providing housing guidelines appropriate for residents of all income levels;
• To embrace and encourage racial, cultural, generational, and socioeconomic diversity;
• To support the development of adequate municipal services consistent with managed growth of the Town;
• To maintain the scenic characteristics of the area as an attraction for recreational and tourist activities; and
• To preserve historical and other cultural resources.

§ 230-1.2 AUTHORITY.

This Bylaw is enacted in accordance with the provisions of the General Laws, Chapter 40A, and any and all amendments thereto, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts.

§ 230-1.3 SCOPE.

For these purposes, the construction, repair, alteration, 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.

§ 230-1.4 APPLICABILITY.

Except as set forth in § 230-5.1 or as otherwise provided herein, 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 this 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. When 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.

§ 230-1.5 AMENDMENTS.

This Bylaw may from time to time be changed by amendment, addition, or repeal by the Town in the manner provided in M.G.L. c. 40A, s. 5, and any amendments thereto.
1.5.1. 
Change of Zoning Boundary. If geographic change of a zoning boundary description is proposed, words of boundary description change for insertion in the warrant shall be accompanied by a brief written statement of the nature, extent and location in the Town of the zoning map change proposed, together with three black-line prints of a diagram to scale showing the area to be changed, stating pertinent dimensions in feet.
1.5.2. 
Costs. The costs of publication and of mailing of notices of hearing and the costs of holding such zoning hearing and of making a public record of the proceedings at such hearing, if such a record be made, shall be paid by the Planning Board, but the Planning Board may determine whether a fee to cover such costs shall be required of the nongovernmental proponent(s) of the zoning amendment.

§ 230-1.6 SEVERABILITY.

The invalidity of any section or provision of this Bylaw shall not invalidate any other section or provision herein.