ZONING BYLAW - Town of Charlton

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7.2.8 Period of Validity If fifty percent (50%) of a project has not been completed without good cause, within one year from the date granted, the special permit shall lapse. Included within the one year period is the time required to pursue or await the determination of an appeal. Extensions to the special permit may be granted by the Special Permit Granting Authority for good cause. 7.2.9 Permits Granted Before Zoning Changes If a special permit or a building permit is issued before the publication of the first notice of a public hearing of a proposed zoning amendment, but is not then utilized by commencing construction within a six (6) month period and then proceeding as expeditiously as is reasonable, the building or special permit will lapse and a new permit will be required to conform to the amended Bylaw. 7.3 Zoning Board of Appeals 7.3.1 The Zoning Board of Appeals constituted under Article 27 of the Warrant for Annual Town Meeting of May 8, 1969 shall be the Zoning Board of Appeals under this Bylaw: and said Board shall be appointed by the Board of Selectmen, and said appointment shall be made and shall operate in accordance with Chapters 40A and 808 of the Massachusetts General Laws and its amendments. Said Zoning Board of Appeals shall consist of five (5) registered voters of the Town. The Board of Selectmen shall also appoint two (2) registered voters of the Town for a term of three (3) years to serve as associate members to act in the absence of regular members and at the expiration of each three (3) year term shall again appoint two (2) associate members for three (3) years. All members and associate members of the Zoning Board of Appeals shall serve without compensation. 7.3.2 Powers of the Zoning Board of Appeals shall be: 7.3.2.1 To hear and decide petitions for variances in accordance with Chapter 40A in all districts subject to appropriate conditions including, but not limited to, calendar time period, extent of use, hours of operation, outdoor storage, lighting, parking, dimensional requirements or similar controls. No variance shall be granted which would authorize a use or activity not otherwise permitted in the district in which the land or structure is located. 7.3.2.3 To hear and decide applications for expansion of non-conforming uses in accordance with the provisions of Section 3.4.3.5 of this Bylaw. 7.3.2.4 To hear and decide applications for special permits in accordance with Section 7.2 of this Bylaw. Charlton Zoning Bylaw, 09/2012 104
7.3.3 In exercising the powers granted by Section 7.3.2 above, the Zoning Board of Appeals shall act in accordance with the provisions of Chapters 40A and 808 of the Massachusetts General Laws. 7.3.4 Any approval which has been granted by the Zoning Board of Appeals under the provisions of Section 7.3.2.3 above shall lapse within two (2) years from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for construction has not begun by such date except for good cause. 7.3.5 Any person aggrieved by a decision of the Zoning Board of Appeals may appeal to the Superior Court, Land Court, and in accordance with Section 17 of Chapter 40A of the Massachusetts General Laws. 7.3.6 The Zoning Board of Appeals shall adopt rules consistent with Chapters 40A and 808 of the Massachusetts General Laws and provisions of this Bylaw for the conduct of its business. 7.4 Planning Board 7.4.1 Recommendations to the Board of Appeals Any application filed with the Board of Appeals under Section 7.3.2 hereof shall be referred upon its receipt by the Board of Appeals to the Planning Board for a report and recommendation relative thereto as provided by General Laws, Chapter 41, Section 81-I, and Chapter 40A, Section 11. The Planning Board shall make its report to the Board of Appeals by the date of the public hearing as to the application. Failure to make recommendations within thirty-five (35) days of receipt of a special permit application by the Planning Board shall be deemed lack of opposition thereto. For all other applications, the Planning Board shall receive a copy of application materials from the Board of Appeals at least twenty-one (21) days before the public hearing. 7.4.2 Associate Planning Board Member. In accordance with the Town of Charlton's General Operating By-Laws, Article II, Section 1, second paragraph; and in accordance with MGL Chapter 40A;, Section 9, the Selectmen and the Planning Board shall appoint an Associate Planning Board Member. The term of the appointment is one year; consecutive re-appointments are allowed. The acting chairperson of the Planning Board may designate the Associate Member to sit on the Board for the purpose of acting on a special permit application, in the case of absence, inability to act, or conflict of interest, on the part of any member of the Planning Board or in the event of a vacancy on the Board. Charlton Zoning Bylaw, 09/2012 105
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Town of Charlton Massachusetts ZONI
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Charlton Zoning Bylaw, 9/2012 CHARL
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1.1 Title SECTION 1 - INTENT AND AP
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accessory apartment. This is to ens
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Garage, Private: A detached or atta
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Lot Width: The linear distance from
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Yard, Side: An open, unoccupied spa
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2.2 Flood Plain Area of Special Flo
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enhancing visual landscapes, recogn
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Districts Principal Uses A R-40 R-S
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Zoning District Residential Small E
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3.3.2.5 Two-thirds (2/3) of the tot
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3.4.3 Uses 3.4.2.1 Any reconstructi
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4.1 Performance Standards SECTION 4
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4.2.3.2 No parking or loading area
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d. Each such common driveway shall
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(12) months while the residence is
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3. No sign shall be erected or main
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Use -Off Premises Directional Sign
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dimensioned drawing showing the siz
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5.6.8. Area of Signs 1. The area of
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given. If the Board determines that
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5.7.5.6 The special permit shall no
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5.8.3 Lighting Exterior illuminatio
Page 57 and 58: 5.9.4 Allowable Locations for Adult
Page 59 and 60: F. A special permit granted under t
Page 61 and 62: . The area of land known as the Mas
Page 63 and 64: earing and wind-resistant capacity
Page 65 and 66: 5.10.6.12 There shall be a minimum
Page 67 and 68: of such Tower and facility shall re
Page 69 and 70: house resident services such as exe
Page 71 and 72: ate units. The Charlton Housing Aut
Page 73 and 74: intent of this bylaw, which is to p
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Page 77 and 78: 5.14 FLEXIBLE BUSINESS DEVELOPMENT
Page 79 and 80: 5. Buffer Areas. A buffer area of o
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Page 83 and 84: F. Use Restrictions 76% or more 100
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Page 87 and 88: from the small wind turbine unit, a
Page 89 and 90: 5.17.1.3 The buffer zones shall be
Page 91 and 92: Ground floor space shall generally
Page 93 and 94: − Inland Wetlands Restriction, DE
Page 95 and 96: 6.4.5 The Board of Zoning Appeals m
Page 97 and 98: 7.1 Administration 7.1.1 Appointmen
Page 99 and 100: 7.1.4.3 Submission Requirements a.
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Page 103 and 104: 7.1.4.8 Lapse: An approved Site Pla
Page 105 and 106: 7.1.8.1 Requirements. No building,
Page 107: shall have the authority to issue s
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ZONING BYLAW - Town of Charlton

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