These regulations are enacted to promote the general welfare of the City of Gardner, to protect the health and safety, convenience and general welfare of its inhabitants, to encourage the most appropriate use of land throughout the City, to preserve the cultural, historical and agricultural heritage of the community, to increase the amenities of the City, and to reduce the hazard from fire by regulating the location and use of buildings and the area of open space around them, all as authorized by, but not limited to, the provisions of the Zoning Act, MGL c. 40A, as amended, Section 2A of 1975 Massachusetts Acts Chapter 808, and by Article 89 of the Amendments to the Constitution of the Commonwealth of Massachusetts.
This chapter is enacted in accordance with the provisions of MGL c. 40A and any and all amendments thereto and 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 (including common open spaces), the density of population, and the location and use of buildings, structures, and land in the City are regulated as hereinafter provided.
All buildings or structures hereafter erected, reconstructed, altered, enlarged, or moved, and the use of all premises in the City, shall be in conformity with the provisions of this chapter. 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 this chapter imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants, or agreements, the provisions of this chapter shall control.
This chapter may from time to time be changed by amendment, addition, or repeal by the City Council in the manner provided in MGL c. 40A, § 5, and any amendments thereto.
If any provision of this Chapter or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this Chapter, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this Chapter are severable.