These Bylaws are enacted to promote the general welfare of the
Town of Middleborough, 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, Massachusetts General
Laws (MGL) Chapter 40A as amended and Section 2A of 1975 Mass Acts
808.
These Bylaws are enacted in accordance with the provisions of
MGL Chapter 40A and all amendments thereto and in accordance with
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.
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
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 Massachusetts 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 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 for 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 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 (6) months after
the issuance of the Building Permit or two (2) years in the case of
a Special Permit and in any case involving construction, unless such
construction is continued through to completion as continuously and
expeditiously as is reasonable.
This Bylaw may be amended from time to time at an annual or
special town meeting in accordance with the provisions of MGL Chapter
40A, as may be amended from time to time.
The invalidity of any section or provision of this Bylaw shall
not invalidate any other section or provision herein.
See Section 9.0 for administration and procedures.
