These bylaws are enacted to promote the general welfare of the Town of Foxborough, 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, MGL Chapter 40A, as amended, and § 2A of 1975 Mass. Acts 808.
These bylaws are enacted in accordance with the provisions of MGL Chapter 40A, the Zoning Act, any and all amendments thereto, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts.
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.
Certain terms. For purposes of these bylaws, and except otherwise as may specifically be stated, all references to the term "Town" shall mean the Town of Foxborough; all reference to such terms as "Planning Board," "Board of Appeals," and the like shall mean such boards, agencies, committees or the like of the Town of Foxborough as are designated by such terms; and all references to such terms as "Building Commissioner," "Town Clerk," "Town Planner," and the like shall mean such officials of the Town of Foxborough as are designated by such terms.
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 as expressly permitted within the district in which such building, structure or land is located. Where the application of these bylaws imposes 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.
Applicability; nonconformities. Except as hereinafter 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 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.
Commencement. 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.
Demolition. All requests for demolition permits shall comply with the provisions of the Demolition Bylaw per Chapter 88, Building Demolition, of the Foxborough General Bylaws.
These bylaws may be changed by amendment, addition or repeal pursuant to MGL c. 40A, § 5.
The effective date of any change shall be the date of the Town Meeting vote of acceptance, unless disapproved by the Massachusetts Attorney General, whereby the previous bylaw shall govern.
The invalidity of any section or provision of these bylaws shall not invalidate any other section or provision herein.