North Reading City Zoning Code
ARTICLE XVI
Amendments; Severability
§ 200-91 Amendment to Zoning Bylaw or Zoning Map.
A.
Article submission. Amendments to this Zoning Bylaw may be initiated by submission in writing of a proposed amendment to the Select Board by the Community Planning Commission, the Zoning Board of Appeals, the Metropolitan Area Planning Council, the Select Board, an individual owning the land to be affected by said amendment or by the number of registered voters required for a citizens' petition pursuant to MGL c. 39, § 10.
[Amended 6-4-2018 ATM by Art. 29, approved 9-21-2018]
B.
Proposed Zoning Map changes.
[Added 11-6-1978 ATM by Art. 12, approved 2-6-1979; amended 6-4-2018 ATM by Art. 29, approved 9-21-2018]]
(1)
If the proposed amendment concerns a change to the Zoning Map, the petitioner shall, at the time of submittal to the Select Board, also submit a copy of the proposed article to the Community Planning Commission accompanied by the following:
(a)
Two (2) copies of applicable Assessors' maps delineating in color the proposed change(s). If the proposed change does not entirely follow property lines as depicted on the Assessors' map, it shall be prepared and certified by a registered professional engineer or registered land surveyor and shall set forth bearings and distances (metes and bounds) sufficient to identify the property involved and the change in the district boundary; and
(b)
Four (4) copies of the Zoning Map delineating in color the proposed district change(s). Said copies shall be prepared by a registered professional engineer or a registered land surveyor and shall set forth bearings and distances (metes and bounds) sufficient to identify the district boundary change. Unless specifically waived by the Community Planning Commission, each Zoning Map shall contain a locus.
(2)
If the petitioner for a proposed amendment to the Zoning Map is other than the Select Board, Community Planning Commission, Board of Appeals or the Metropolitan Area Planning Council, the cost of legal advertising shall be paid for by the petitioner and a receipted bill shall be submitted to the Community Planning Commission at least seven (7) days prior to the public hearing.
C.
Public hearings and recommendations of Community Planning Commission. The provisions of MGL c. 40A, § 5 shall govern the procedures to be employed for public hearings and reports of the Community Planning Commission on proposed zoning amendments.
[Amended 11-6-1978 ATM by Art. 12, approved 2-6-1979]
D.
Town Meeting action. The Town Meeting may adopt, reject or amend and adopt a proposed amendment only by a two-thirds (2/3) vote and only within six (6) months after the public hearing on any proposed zoning amendment.
E.
Repetitive petition. No proposed amendment to this Zoning Bylaw which has been unfavorably acted upon by the Town Meeting shall be considered again by the Town Meeting within two (2) years after the date of such unfavorable action unless the Community Planning Commission in its report to Town Meeting on the initial submission recommended favorable action.
§ 200-92 Effective date of amendments.
The effective date of any amendment to this Zoning Bylaw or to the Zoning Map shall be the date of favorable action by Town Meeting on such amendment.
§ 200-93 Severability.
If any section, subsection, sentence, clause, phrase or portion of this Zoning Bylaw is for any reason held invalid, illegal or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of any remaining portions hereof.