Melrose City Zoning Code
ARTICLE I
Introductory Provisions
§ 235-1.1 Title.
This chapter is known as the "Zoning Ordinance of the City of Melrose, Massachusetts," hereinafter referred to as "this chapter," "Melrose Zoning Ordinance," "Ordinance" and "MZO."
§ 235-1.2 Authority.
This Ordinance is adopted pursuant to the authority granted by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts and enacted in accordance with M.G.L. c. 40A and amendments thereto, herein called the "Zoning Act." Where the Zoning Act is amended from time to time after the effective date of this chapter and where such amendments are mandatory, such amendments shall supersede any regulations of this chapter.
§ 235-1.3 Purposes.
This Ordinance is enacted for the following purposes: to regulate the uses and dimensions of land and structures; encourage housing for persons of all income levels; facilitate the adequate provision of transportation, water, water supply, drainage, sewerage, schools, parks, open space, and other public requirements; to protect health, safety and general welfare; and, to implement goals of the City's Master Plan, and other related, adopted plans.
§ 235-1.4 Applicability.
A.
This Ordinance is applicable on the date it is adopted. Amendments to this Ordinance are applicable on the date first publicly noticed in accordance with the Zoning Act.
B.
This Ordinance shall apply to the erection, construction, reconstruction, alteration or use of buildings or structures or use of land.
C.
It shall not apply to existing buildings or structures, nor to the existing use of any building or structure or land, to the extent to which such buildings, structures or uses lawfully existed at the time of adoption of this chapter, but it shall apply to any change of use thereof and to any alteration of a building or structure when the same would amount to reconstruction, extension or structural change and to any alteration of a building or structure to provide for its use for a purpose or in a manner substantially different from the use to which it was put before alteration or for its use for the same purpose to a substantially greater extent, except as hereinafter provided.
D.
Municipal land, uses and structures shall be exempt from the requirements of this Ordinance.
E.
Whenever the regulations made under the authority hereof differ from those prescribed by any statute, ordinance or other regulation, that provision which imposes the greater restriction or the higher standard shall govern.
F.
Figures and photos are intended only for illustrative purposes and to help illustrate the intent and requirements of the text. In the case of a conflict between the text of this Ordinance and any figure or photos, the text governs.
§ 235-1.5 Severability.
The invalidity, unconstitutionality or illegality of any provision of this chapter or boundary shown on the Zoning Map shall not have any effect upon the validity, constitutionality or legality of any other provision or boundary.