Town of Blandford
Zoning audit
6 things worth a decision in
the Zoning By-Laws: places where it does not agree with something else in it, with
the contents, with the zoning map or with the Town's own record of what it has amended, and places where it would be easier to administer written another
way. Each names the evidence, and says whose decision it is.
None of them are corrected in the published text. The
bylaw on this site reads exactly as Blandford prints it, and
changing any of this is an amendment rather than a correction.
Against the text current through August 1, 2024
Needs a drafting decision 1
The bylaw contradicts itself or is incomplete here. Only Blandford can settle these, and only by amendment — correcting them here would state as law something Blandford has never adopted.
3 cited section number(s) do not exist in the text (4 citations)
[Automated statute and consistency scan, medium confidence.] The bylaw cites sections by number that the converted text does not contain. Some are references to other bylaws or to a superseded numbering; some will be sections the PDF reader failed to recognise. Either way a reader who follows the citation finds nothing.
- § 4.5.4.1 cited 2 time(s); e.g. § 10.1 (b): “…ered professional engineer that these plans show full compliance with Section 4.5.4.1 above.”
- § 6.8.3 cited 1 time(s); e.g. § 9.1: “…terior alteration, relocation, or change in use except where noted in Section 6.8.3, unless a site plan has been endorsed by the Planning Board, after co…”
- § 6.8.5 cited 1 time(s); e.g. § 9.1 9.1.4.3: “…d drainage information, building elevations as illustrated further in Section 6.8.5, and a traffic plan.”
For each number, decide whether it is a stale citation to amend or a section the conversion missed to re-read.
read from the Town's materials
Between the bylaw and the map 1
The bylaw and the zoning map are one instrument, and these are the places where they do not agree.
2 map district code(s) never appear in the bylaw text
[Automated statute and consistency scan, medium confidence.] The zoning map layer carries these district codes, and the converted bylaw text never writes them. Either the map uses abbreviations the bylaw does not (the bylaw may name the district in words), the layer is not the map of record, or the text is stale.
- Map code R: no match in text
- Map code AG: no match in text
Match each code to the district the bylaw establishes by name, in districts.yaml, or replace the layer.
read from the Town's materials
Against the enabling statute 3
Where the ordinance appears to require, permit or prohibit something the state act it is adopted under does not allow it to. These are readings of two published texts side by side, not legal advice, and each names the provision on both sides so counsel can check it rather than take our word.
§ 16.3 CAn agricultural use appears restricted without the § 3 acreage exemption stated
[Automated statute and consistency scan, low confidence.] MGL c. 40A, § 3 provides that no bylaw shall prohibit, unreasonably regulate or require a special permit for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture on parcels of more than five acres (two acres where the use generates the stated sales).
- § 16.3 C.: “Battery Energy Storage systems not associated with on-site solar generation shall only be permitted in the Agricultural Zoning District and shall require a Special Permit from the Planning Board.”
Confirm the bylaw states the exemption somewhere; if not, the row is enforceable only below the acreage threshold.
read from the Town's materials
§ 8.3 8.3.7.6An agricultural use appears restricted without the § 3 acreage exemption stated
[Automated statute and consistency scan, low confidence.] MGL c. 40A, § 3 provides that no bylaw shall prohibit, unreasonably regulate or require a special permit for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture on parcels of more than five acres (two acres where the use generates the stated sales).
- § 8.3 8.3.7.6: “…e most recent copy of the “Massachusetts Prohibited Plant List” maintained by the Massachusetts Department of Agricultural Resources is prohibited.”
Confirm the bylaw states the exemption somewhere; if not, the row is enforceable only below the acreage threshold.
read from the Town's materials
§ XVIIA marijuana establishment prohibition without reference to the required ballot question
[Automated statute and consistency scan, low confidence.] MGL c. 94G, § 3(a)(2) allows a city or town to prohibit marijuana establishments only by a vote of the voters at a general or special election, unless the municipality voted no on Question 4 in 2016 (in which case a bylaw suffices until 31 December 2019).
- § XVII: “17.21.16 Marijuana Retailer: An entity licensed to purchase and transport cannabis or marijuana product from Marijuana Establishments and to sell or otherwise transfer this product to Marijuana Establishments and to consumers. Retailers are prohibited from delivering cannabis or marijuana products to consumers; and from offering cannabis or marijuana products…”
Confirm the prohibition was adopted by ballot question, or the town's 2016 vote.
read from the Town's materials
Not published here yet 1
Ours, not Blandford's: things this site does not carry yet.
The zoning map is not published here yet
The district pages read from the code alone. Until the layers are built, a reader cannot go from a place to the rules that govern it, which is half of what this site is for.
Ours.
found by comparison