Town of Lancaster, MA Article XIV Owner's Duties and Rights

§ 220-54 Building permit.

A. New, reconstructed, altered or moved buildings. Before undertaking construction, reconstruction in excess of $500, or removal of a building site within Lancaster, the owner must secure a building permit from the Building Inspector.

B. Validity of prior permits. Any building or special permit lawfully issued prior to the first publication of notice of the public hearing on a relevant amendment to this bylaw shall be valid provided construction is begun within six months of issue and continued in good faith.

C. Temporary structures. Temporary structures may be authorized by the Building Inspector for a period not to exceed six months or subject to conditions and time limits designed to protect the district.

D. Form of application.

(1) Applications for building permits shall be accompanied by a plan of the lot in duplicate, with sufficient information thereon to allow the Building Inspector to determine whether the proposed use and structure comply fully with this bylaw. Such information shall include as a minimum:

(a) Proposed use of the building and land;

(b) Location of the lot and of proposed entrances thereto;

(c) Rights-of-way and easement on or adjoining the lot;

(d) Placement of all buildings on the lot;

(e) Area of lot and area of each existing and proposed building;

(f) Number of stories and height of all buildings;

(g) Provision for parking and loading spaces where applicable;

(h) Such additional information as the Inspector may request, including certification by a registered land surveyor.

(2) The drawings shall be at the scale and in the form required by the Inspector.

E. Building permit. A building permit shall not be issued by the Building Inspector until the front two lots' bounds have been permanently set in proper locations by a registered land surveyor.

§ 220-55 Occupancy permit.

Before occupying a new building, or changing the use of part or all of an existing building, or increasing the number of dwelling units on the lot, or using a lot now vacant or used for agriculture for any other purpose, or changing the use of a lot from one nonagricultural purpose to another, the owner must secure an occupancy permit from the Building Inspector.

§ 220-56 Special permit application and duration.

[Amended 10-24-2000]

Where the proposed use of land or buildings is one classified in Article III or elsewhere as allowable only by special permit, the owner shall secure a special permit from the Board of Appeals or other designated special permit granting authority before applying for building and occupancy permits. A special permit shall lapse if not exercised within two years as provided in MGL c. 40A, § 9.

§ 220-57 Relief from denial of permit.

[Amended 10-24-2000]

If an owner expects to be or is denied a permit necessary under this bylaw, he may take the following actions as appropriate.

A. Appeal. If the denial of a permit is believed to be due to an error in the interpretation of this bylaw, the owner may, within 30 days of such denial, file a notice of appeal with the Town Clerk, for transmittal to the Board of Appeals.

B. Variance: application and duration. If the owner believes that literal application of this bylaw will cause a hardship unique to his property, he may, before or after application for a building permit; file an application for a variance with the Town Clerk for transmittal to the Board of Appeals. If the rights authorized by a variance are not exercised within one year of the date of granting, they shall lapse.

C. Court appeal. Any person or any municipal officer or board aggrieved by a decision of a municipal officer or board may, in accordance with MGL c. 40A, § 17, appeal to the appropriate court within 20 days after the decision has been filed with the Town Clerk.

§ 220-58 Zoning amendment procedures.

A. Submittal of proposed amendment. If any person believes that the text or map of this bylaw should be changed, he may submit an amendment to the bylaw to be passed on at a Town Meeting. Such Warrant article may be submitted to the Select Board by the owner of land to be affected, or by a petition signed by 10 registered voters of the Town for action at an Annual Town Meeting, or by 100 such signatures for action at a Special Town Meeting, or otherwise as provided by MGL c. 40A, § 5. The petitioners should consult the Select Board as to the time and form of the submittal.

B. Notification of nonresidents. Any nonresident owner of land in Lancaster may request notices of all public hearings under this bylaw and of zoning boundary or use changes affecting his property in the manner provided in MGL c. 40A, § 5.

§ 220-59 Limit on repetitive actions.

A. Repetitive petitions. As provided in MGL c. 40A, § 16, no appeal, application or petition that has been unfavorably acted upon by a special permit granting authority shall be favorably acted upon within two years of denial unless:

[Amended 10-24-2000]

(1) Notice is given to parties in interest of the time and place of relevant proceedings, and

(2) The special permit granting authority finds, by a vote of four of its five members, specific and material changes in the conditions upon which the previous unfavorable action was based and notes such changes in its proceedings, and

(3) Four of the five members of the Planning Board consent thereto in the case of permits acted upon by the Board of Appeals.

B. Repetitive amendments. No proposed zoning bylaw which has been unfavorably acted upon by Town Meeting shall be considered within two years of such action unless its adoption is recommended in the final report of the Planning Board.