Fitchburg City Zoning Code
SECTION 181
1 PURPOSE AND AUTHORITY
181.11 PURPOSE.
This chapter is enacted for the purpose of promoting the health, safety, convenience and general welfare of the present and future inhabitants of the City of Fitchburg and to:
A.
Lessen congestion in the streets.
B.
Secure safety from fire, flood, panic and other dangers.
C.
Provide adequate light and air.
D.
Prevent overcrowding of land.
E.
Avoid undue concentration of population.
F.
Encourage housing for persons of all income levels.
G.
Facilitate the adequate provision of transportation, water, water supply, drainage, sewerage, schools, parks, open space and other public requirements.
H.
Conserve the value of land and buildings, including the conservation of natural resources and the prevention of blight and pollution of the environment.
I.
Encourage the most appropriate use of land throughout the City.
J.
Preserve and increase amenities by the promulgation of regulations to fulfill said objectives.
K.
Facilitate the safe, convenient and meaningful provision of adequate vehicular and utility access to all lots intended for building purposes in the City.
181.12 AUTHORITY.
This chapter is authorized by, but not limited to, the provisions of the Zoning Act, Chapter 40A of the General Laws, as amended, Section 2A of 1975 Mass. Acts 808, the Charter of the City of Fitchburg, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts.
181.13 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 City are regulated as hereinafter provided.
181.14 APPLICABILITY.
All buildings or structures hereinafter erected, reconstructed, altered, enlarged, or moved, and the use of all premises in the City, shall be in conformity with the provisions of this chapter. 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. Where the application of this chapter imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants, or agreements, the provisions of this chapter shall control.
181.15 AMENDMENTS.
This chapter may from time to time be changed by amendment, addition, or repeal by the City Council in the manner provided in MGL c. 40A, § 5, and any amendments thereto. The Director of Planning and Community Development may, with two-thirds approval of the Planning Board, update figures and photos; correct scriveners errors, table and figure numbers, capitalization of defined words; correct cross references; and add or correct street names or districts labels subject to the following expedited procedure for City Council approval:
The Planning Board shall transmit to the Council a report of any such clerical changes made. Such report shall be accepted without debate at the following Council meeting, unless any Councilor shall make a motion to contest the changes. If such motion is made and seconded, it shall be voted without debate, and if it passes, the matter shall be placed on the agenda for the next following meeting when it shall be considered without the need for referral to any committee, though such referral may be made by motion or by unanimous consent.
181.16 SEVERABILITY.
The invalidity of any section or provision of this chapter shall not invalidate any other section or provision herein.