The ordinance codified in this title, enacted pursuant to and
under the authority of MGL c. 40A, as amended, shall be known and
may be cited as the "Haverhill Zoning Ordinance" or "this chapter."
This chapter is enacted to promote the general welfare of the
City of Haverhill, to protect the health and safety of its inhabitants,
to encourage the most appropriate use of land throughout the City,
and to increase the amenities of the City, all as authorized by, but
not limited by, the provisions of the Zoning Act, MGL c. 40A, as amended,
and Section 2A of 1975 Mass. Acts 808.
This chapter is enacted in accordance with the provisions of
the General Laws, Chapter 40A, any and all amendments thereto, and
by the Home Rule Amendment, Article 89 of the Amendments to the Constitution
of the Commonwealth of Massachusetts.
The provisions of this chapter shall be interpreted to be the
minimum requirements adopted for the promotion of the health, safety,
morals or the general welfare of the City of Haverhill, Massachusetts,
and except for the Zoning Ordinance adopted by the City Council on
June 12, 1956, and all subsequent amendments thereto, the provisions
of this chapter are not intended to repeal, amend, abrogate, annul
or in any way impair or interfere with any lawfully adopted ordinance,
covenants, regulations or rules. Whenever the regulations made under
the authority hereof differ from those prescribed by any statute,
ordinance or other regulation, that provision which imposes the greater
restriction or the higher standard shall govern.
Except as herein provided, or as specifically exempted by the
Zoning Act, the provisions of this chapter shall apply to the erection,
construction, reconstruction, alteration or use of buildings, structures
or use of land. Except as herein provided, any existing conforming
use, structure or lot shall not by any action become nonconforming,
and any existing nonconforming use, structure or lot shall not become
further nonconforming.
A petition to amend the Zoning District Boundary Map shall require
the filing of a fee as set by the City Council sufficient to cover
the costs of advertising the City Council and Planning Board public
hearings and processing the petition. The required fee is to be paid
to the City Clerk at the time of filing. All petitions for such action
filed with the City Clerk shall be accompanied by a reproducible plan
(and 16 copies) and a report including a metes and bounds description
of said property. A petition to amend the Zoning Ordinance shall be
accompanied by a report and filing fee as set by the City Council
as above noted. All plans and reports shall be the sole responsibility
of the petitioner. Amendments filed by the City of Haverhill municipal
government shall be exempt from the fee. All amendments shall also
be filed by electronic file with the City Clerk and the Planning Board.
Amendments of this chapter may be initiated by submission to
the City Council of a proposed ordinance amendment by the City Council,
the Board of Appeals, the Planning Board, an owner of land which is
to be affected by the amendment, by petition of 10 registered voters
of the City or by the Merrimack Valley Planning Commission. The City
Council shall, within 14 days of receipt of the amendment, submit
it to the Planning Board for public hearing. The City Council shall
hold a public hearing on the proposed amendment within 65 days after
the amendment is submitted to the Planning Board by the Council.
The invalidity, unconstitutionality or illegality of any provision
of this chapter or boundary shown on the Zoning Map shall not have
any effect upon the validity, constitutionality or legality of any
other provision or boundary.
