Lynnfield City Zoning Code
SECTION 1
0 Purpose and Authority
1.1 Purpose.
The purpose of the Zoning Bylaw ("the bylaw") includes, but is not limited to, the following: lessen congestion in the streets; to conserve health; to secure safety from fire, flood, panic and other dangers; to provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; to encourage housing for persons of all income levels; to facilitate the adequate provision of transportation, water, water supply, drainage, sewerage, schools, parks, open space and other public requirements; to conserve natural resources and prevent blight and pollution of the environment; to encourage the most appropriate use of land throughout the Town, and to preserve and increase amenities by the promulgation of regulations to fulfill said objectives.
Said regulations may include but are not limited to restricting, prohibiting, permitting or regulating: uses of land, including wetlands and lands deemed subject to seasonal or periodic flooding; size, height, bulk, location and use of structures, including buildings and signs except that billboards, signs and other advertising devices are also subject to the provisions of Sections 29 through 33, inclusive of Chapter 93,[1] and Chapter 93D;[2] uses of bodies of water, including water courses; noxious uses; areas and dimensions of land and bodies of water to be occupied or unoccupied by uses and structures, courts, yards and open spaces; density of population and intensity of use; accessory facilities and uses, such as vehicle parking and loading, landscaping and open space; and the development of the natural, scenic and aesthetic qualities of the community.
1.2 Authority.
The bylaw is enacted in accordance with the provisions of Massachusetts General Laws (MGL) Chapter 40A, and any and all amendments thereto, and by Article LXXXIX of the Amendments to the Constitution of the Commonwealth of Massachusetts. The title of the bylaw shall be: "Zoning Bylaws, Town of Lynnfield."
1.3 Scope.
The bylaw regulates 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 establishes performance standards governing the use of land in the Town, as hereinafter provided.
1.4 Applicability.
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 the 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. Where the application of the bylaw imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants, or agreements, the provisions of the bylaw shall control.
1.4.1.
Applicability; Nonconformities. Except as hereinafter provided, the bylaw 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 the bylaw 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 of Construction or Operation. Construction or operations under a building permit or special permit shall conform to any subsequent amendments to the bylaw, 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.
1.5 Amendments.
The bylaw, including the Zoning Map which is part hereof,[1] may be amended at a regular or special Town Meeting in accordance with Chapter 40A of the General Laws of Massachusetts. Petitions for zoning amendments shall be made in accordance with MGL c. 40A, § 5, and shall be submitted to the Board of Selectmen with a copy to the Planning Board.
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
1.6 Severability.
The invalidity of any section or provision of the bylaw shall not invalidate any other section or provision herein. In the event any portion of the bylaw is found invalid under MGL c. 40, § 32, the previous applicable provisions of the bylaw shall be reinstated.