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MapLink™ | Procedures | Amendments

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Amendments to zoning ordinance.
(a) This Zoning Ordinance may be amended from time to time by vote of the City Council in accordance with the provisions of Chapter 40A, § 5 of the General Laws of Massachusetts.

(b) The City Council shall within 14 days of receipt of such proposed Zoning Ordinance submit it to the Planning Board for review.

(c) No amendment to this Zoning Ordinance shall be adopted until after the Planning Board has held a public hearing thereon and has submitted a final report with its recommendations to the City Council or until 21 days shall have elapsed after such hearing without the submission of such a report.

(d) Construction or operations under a building permit or special permit shall conform to any subsequent amendment of this Zoning Ordinance unless the use or construction is commenced within six months after the issuance of the permit and in cases involving construction is continued through to completion as continuously and expeditiously as is reasonable.

(e) Except as provided in Chapter 40A, Section 6, of the General Laws of Massachusetts amendments to this Zoning Ordinance shall not apply to structures or uses lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on such ordinance required by Article IX: Enforcement and Application Procedures, but shall apply to any change or substantial extension of such a use, to a building 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 structure begun after the first notice of said public hearing to provide for its use for a substantially greater extent except where alteration, reconstruction, extension or structural change to a single or two-family residential structure does not increase the nonconforming nature or said structure.

Public hearings for amendments.
(a) It shall be the duty of the Planning Board to hold public hearings on any proposed amendments to this Zoning Ordinance within 65 days after the proposed zoning amendment is submitted to the Planning Board by the City Council.

(b) Adoption or change of any provision of the Zoning Ordinance may be initiated by submission to the City Council of a proposed amendment to the Zoning Ordinance by the City Council, Board of Appeals, by an individual owning land to be affected by change or adoption, by ten registered voters, by the Planning Board, a regional planning agency, or other method as provided by the City Charter.

(c) If the City Council fails to vote to adopt any proposed amendment to the Zoning Ordinance within 90 days after the City Council's public hearing, no action shall be taken thereon until after a subsequent public hearing is held with notice and report as provided in § 9.20: Amendments to zoning ordinance.

Notice of public hearings for amendments.
Notice of the time, place and subject matter of the public hearing to be held by the Planning Board on any proposed amendment to the Zoning Ordinance shall be given as follows:
(a) By publication in a newspaper of general circulation in the City once in each of two successive weeks, the first publication being not less than 14 days before the day of such hearing; and by posting such notice in a conspicuous place in the City Hall for a period of not less than 14 days before the day of said hearing.

(b) By regular mail, to the owners of all property sharing a common property line with the property proposed to be rezoned, as well as those deemed to be affected, to be mailed not less than 10 days before the hearing.

(c) Notice of the public hearing to be held by the Planning Board shall also be sent by mail, postage prepaid to the Department of Community Affairs, the Metropolitan Area Planning Council and to the planning boards of all the abutting cities and towns.

(d) A separate, conspicuous statement shall be included with property tax bills sent to nonresident property owners, stating that notice of hearings under this section shall be sent by mail, postage prepaid, to any such owner who files an annual request for such notice with the City Clerk no later than January first, and pays a fee of one dollar.

(e) In cases involving boundary or use changes within a district, notice shall be sent to any such nonresidential property owner who has filed such request with the City Clerk and whose property lies in the district where the change is sought.

(f) All costs incurred in connection with the notice requirements set forth in subsections (a) through (e) above shall be borne by the person or persons proposing the amendment to the Zoning Ordinance.