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Norwood City Zoning Code

SECTION 1

Purpose and Authority

§ 1.1 Purpose.

These Bylaws are enacted to promote the general welfare of the Town of Norwood, to protect the health and safety of its inhabitants, to encourage the most appropriate use of land throughout the town, and to increase the amenities of the Town, all as authorized by, but not limited by, the provisions of the Zoning Act, G.L. c. 40A, as amended, and Section 2A of 1975 Mass. Acts 808.

§ 1.2 Authority.

These Bylaws are enacted in accordance with the provisions of the General Laws, Chapter 40A, any and all amendments thereto, and in accordance with Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts.

§ 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.

§ 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 these Bylaws. 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 these Bylaws impose greater restrictions than those imposed by any other regulation, permit, restriction, easement, covenant, or agreement, the provisions of these Bylaws shall control. Nothing herein shall be construed to supersede the provisions of the State Building Code, 780 CMR 1.00, et seq.
1.4.1. 
Applicability; Nonconformities. Except as herein after provided, these Bylaws 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 these Bylaws 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 or 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 these Bylaws, 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 Zoning Amendments.

1.5.1. 
Initiation. These Bylaws may be amended from time to time at an annual or special Town Meeting. An amendment may be initiated by the submission of a proposed amendment to the Board of Selectmen by the Board of Selectmen, Board of Appeals, Planning Board, an individual owning land in the Town to be affected by the amendment, ten registered voters of the Town if the amendment is to be acted upon at the annual Town meeting or 100 registered voters of the Town for a special town meeting, or the Metropolitan Area Planning Council.
1.5.2. 
The Board of Selectmen shall submit proposed zoning amendments to the Planning Board within 14 days of receiving them. A public hearing shall be held by the Planning Board within 65 days after the proposed change is submitted to such Board. The Planning Board shall hold a public hearing for its own proposed zoning amendments. All public hearings by the Planning Board on proposed zoning amendments shall occur prior to Town Meeting. Notice of such hearings shall be mailed, postage prepaid, by the Planning Board to nonresident property owners who file an annual request not later than January 1, prepaying an annual fee of $25. The Planning Board shall mail notice to owners of affected property and their direct abutters, whether residents or not, in cases where that entails notice to not more than 200 parties; such mailing distribution list shall be certified by the Town Assessor. Hearing notices shall be advertised twice in a newspaper of local circulation and posted on the Town website. Further, notice shall be emailed to all Town Meeting members representing the district where affected property is located; such email distribution list shall be certified by the Town Clerk. Hearing notices shall be designed to enable lay readers to clearly understand the matter to be considered. The Town Meeting shall not act upon any zoning amendment until the same has been reported on by the Planning Board as herein provided or until 21 days have elapsed after the Planning Board hearing without submission of such report.
[Amended 3-21-2024 STM by Art. 3]
1.5.3. 
Repetitive Petition. No proposed amendment to these Bylaws or the zoning map which has been unfavorably acted on by the Town meeting shall be considered on its merits by the Town meeting within two years after the date of such unfavorable action unless adoption of the proposed change had been recommended in the final report of the Planning Board to the Town meeting.

§ 1.6 Separability.

The invalidity of any section or provision of these Bylaws shall not invalidate any other section or provision herein.