22 sections in this chapter.
Mass. Gen. Laws ch. 40A, § 1 Title of chapter
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Section 1. This chapter shall be known and may by cited as ''The Zoning Act''.
Mass. Gen. Laws ch. 40A, § 10 Variances
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Section 10. The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in section eleven and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular …
Mass. Gen. Laws ch. 40A, § 11 Notice requirements for public hearings; parties in interest defined; review of special permit petitions; recording copies of special permit and variance decisions
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Section 11. In all cases where notice of a public hearing is required notice shall be given by publication in a newspaper of general circulation in the city or town once in each of two successive weeks, the first publication to be not less than fourteen days before the day of the…
Mass. Gen. Laws ch. 40A, § 12 Boards of appeal; membership; rules
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Section 12. Zoning ordinances or by-laws shall provide for a zoning board of appeals, according to the provisions of this section, unless otherwise provided by charter. The mayor subject to confirmation of the city council, or board of selectmen shall appoint members of the board…
Mass. Gen. Laws ch. 40A, § 13 Zoning administrators; appointment; powers and duties
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Section 13. A zoning ordinance or by-law may authorize the appointment of a zoning administrator, who, unless otherwise provided by charter, shall be appointed by the board of appeals, subject to confirmation by the city council or board of selectmen, to serve at the pleasure of …
Mass. Gen. Laws ch. 40A, § 14 Boards of appeal; powers
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Section 14. A board of appeals shall have the following powers:— (1) To hear and decide appeals in accordance with section eight. (2) To hear and decide applications for special permits upon which the board is empowered to act under said ordinance or by-laws. (3) To hear and deci…
Mass. Gen. Laws ch. 40A, § 15 Appeals to permit granting authority; notice; time; boards of appeal hearings; procedure
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Section 15. Any appeal under section eight to a permit granting authority shall be taken within thirty days from the date of the order or decision which is being appealed. The petitioner shall file a notice of appeal specifying the grounds thereof, with the city or town clerk, an…
Mass. Gen. Laws ch. 40A, § 16 Final unfavorable decisions by permit granting authorities; reconsideration; withdrawal of petitions for variance or applications for special permit
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Section 16. No appeal, application or petition which has been unfavorably and finally acted upon by the special permit granting or permit granting authority shall be acted favorably upon within two years after the date of final unfavorable action unless said special permit granti…
Mass. Gen. Laws ch. 40A, § 17 Judicial review
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Section 17. Any person aggrieved by a decision of the board of appeals or any special permit granting authority or by the failure of the board of appeals to take final action concerning any appeal, application or petition within the required time or by the failure of any special …
Mass. Gen. Laws ch. 40A, § 1A Definitions
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Section 1A. As used in this chapter the following words shall have the following meanings: ''Accessory dwelling unit'', a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable d…
Mass. Gen. Laws ch. 40A, § 3 Subjects which zoning may not regulate; exemptions; public hearings; temporary manufactured home residences
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Section 3. No zoning ordinance or by-law shall regulate or restrict the use of materials, or methods of construction of structures regulated by the state building code, nor shall any such ordinance or by-law prohibit, unreasonably regulate, or require a special permit for the use…
Mass. Gen. Laws ch. 40A, § 3A Multi-family zoning as-of-right in MBTA communities
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Section 3A. (a)(1) An MBTA community shall have a zoning ordinance or by-law that provides for at least 1 district of reasonable size in which multi-family housing is permitted as of right; provided, however, that such multi-family housing shall be without age restrictions and sh…
Mass. Gen. Laws ch. 40A, § 3B Request for expansion of outdoor table service
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Section 3B. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings: ''Commission'', the alcoholic beverages control commission, established by section 70 of chapter 10. ''Outdoor table service'', restaura…
Mass. Gen. Laws ch. 40A, § 4 Uniform districts
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Section 4. Any zoning ordinance or by-law which divides cities and towns into districts shall be uniform within the district for each class or kind of structures or uses permitted. Districts shall be shown on a zoning map in a manner sufficient for identification. Such maps shall…
Mass. Gen. Laws ch. 40A, § 5 Adoption or change of zoning ordinances or by-laws; procedure
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Section 5. Zoning ordinances or by-laws may be adopted and from time to time changed by amendment, addition or repeal, but only in the manner hereinafter provided. Adoption or change of zoning ordinances or by-laws may be initiated by the submission to the city council or board o…
Mass. Gen. Laws ch. 40A, § 6 Existing structures, uses, or permits; certain subdivision plans; application of chapter
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Section 6. Except as hereinafter provided, a zoning ordinance or by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on such ordinance or by-la…
Mass. Gen. Laws ch. 40A, § 7 Enforcement of zoning regulations; violations; penalties; legally nonconforming structures; notice of action; jurisdiction of superior court
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Section 7. The inspector of buildings, building commissioner or local inspector, or if there are none, in a town, the board of selectmen, or person or board designated by local ordinance or by-law, shall be charged with the enforcement of the zoning ordinance or by-law and shall …
Mass. Gen. Laws ch. 40A, § 8 Appeals to permit granting authority
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Section 8. An appeal to the permit granting authority as the zoning ordinance or by-law may provide, may be taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of this chapter, by t…
Mass. Gen. Laws ch. 40A, § 9 Special permits
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Section 9. Zoning ordinances or by-laws shall provide for specific types of uses which shall only be permitted in specified districts upon the issuance of a special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of the…
Mass. Gen. Laws ch. 40A, § 9A Special permits for adult bookstores, adult motion pictures theaters, adult paraphernalia stores, adult video stores or establishments which display live nudity
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Section 9A. Zoning ordinances or by-laws may provide for special permits authorizing the establishment of adult bookstores, adult motion picture theaters, adult paraphernalia stores, adult video stores or establishments which display live nudity for their patrons as hereinafter d…
Mass. Gen. Laws ch. 40A, § 9B Solar access
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Section 9B. Zoning ordinances or by-laws adopted or amended pursuant to section five of this chapter may encourage the use of solar energy systems and protect solar access by regulation of the orientation of streets, lots and buildings, maximum building height limits, minimum bui…
Mass. Gen. Laws ch. 40A, § 9C Child care facilities; allowable floor area; charges of owner; family incomes
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Section 9C. As used in this section, the term ''child care facility'' shall mean a child care center or a school-aged child care program, as defined in section 1A of chapter 15D. When any zoning ordinance or bylaw in any city or town limits the floor area of any structure, such f…