A.
This chapter shall be enforced by the Building Inspector, with the
Planning Board acting in an advisory capacity.
B.
Any person, firm or corporation violating any section or provision
of this chapter shall be fined not more than one hundred dollars ($100.)
for each offense. Each day that such offense continues shall constitute
a separate offense.
A.
Building permit. No building permit shall be issued until the plans
for construction or alteration of a building or structure, as proposed,
shall comply in all respects with the provisions of this chapter or
with a decision rendered by the Board of Appeals. Any application
for such a permit shall be accompanied by a plan, accurately drawn,
showing the actual shape and dimensions of the lot to be built upon,
the exact location and size of all buildings or structures already
on the lot, the location of new buildings to be constructed, together
with the lines within which all buildings and structures are to be
erected, the existing and intended uses of each building or structure
and such other information as may be necessary to provide for the
execution and enforcement of this chapter.
B.
Land may not be substantially altered or changed in use without certification
by the Building Inspector that such action is in compliance with then-applicable
zoning or without review by him regarding whether all necessary permits
have been received from those governmental agencies from which approval
is required by federal, state or local law. Responsibility for obtaining
permits and certification shall be that of the owner of the premises.
C.
Professional inspection. Construction on projects under a single
building permit involving either one (1) or more structures, other
than one- and two-family dwellings, each containing thirty-five thousand
(35,000) cubic feet of volume or more or involving fifty (50) or more
dwelling units, irrespective of type, shall be done with the inspection
of a registered professional engineer or architect retained by the
developer. Such engineer or architect shall periodically, if requested
by the Building Inspector, attest that all work being done under his
supervision is being done in accordance with the plans as approved
for a building permit, in accordance with any Board of Appeals stipulations
and in accordance with all applicable town and state codes and regulations.
Discrepancies from the above, noted by such engineer or architect,
shall be reported forthwith to the Building Inspector.
D.
Occupancy permits. No certificate of use and occupancy, as required
by Section 120.0 of the State Building Code, shall be issued until
all requirements of this chapter and of permits issued under it have
been satisfied, including site improvements. A temporary certificate
of occupancy may be issued as provided in Section 120.0.
A.
Establishment. The Board of Appeals shall consist of five (5) members
and three (3) associate members, who shall be appointed by the Selectmen
and shall act in all matters under this chapter in the manner prescribed
by Chapters 40A, 40B and 41 of the General Laws.
[Amended 5-11-2015 ATM,
Art. 39]
B.
Powers. The Board of Appeals shall have and exercise all the powers
granted to it by Chapters 40A, 40B and 41 of the General Laws and
by this chapter. The Board's powers are as follows:
(1)
Special Permits. To hear and decide applications for Special Permits upon which the Board is empowered to act under this chapter, in accordance with § 164-44.
(2)
Variances. To hear and decide appeals or petitions for variances
from the terms of this chapter, including variances for use, with
respect to particular land or structures. Such variances shall be
granted only in cases where the Board finds all of the following:
(a)
A literal enforcement of the provisions of this chapter would
involve a substantial hardship, financial or otherwise, to the petitioner
or appellant.
(b)
The hardship is owing to circumstances relating to the soil
conditions, shape or topography of such land or structures and especially
affecting such land or structures but not affecting generally the
zoning district in which it is located.
(c)
Desirable relief may be granted without either substantial detriment
to the public good, or nullifying or substantially derogating from
the intent or purpose of this chapter.
(3)
Appeals. Other appeals will also be heard and decided by the Board
of Appeals when taken by the following:
(a)
Any person aggrieved by reason of his inability to obtain a
permit or enforcement action from any administrative officer under
the provisions of Chapter 40A of the General Laws.
(b)
The Cape Cod Planning and Economic Development Commission.
(c)
Any person, including any officer or board of the Town of Orleans
or of any abutting town, if aggrieved by any order or decision of
the Building Inspector or other administrative official, in violation
of any provision of Chapter 40A of the General Laws or this chapter.
C.
Public hearings. The Board of Appeals shall hold public hearings
in accordance with the provisions of Chapters 40A, 40B and 41 of the
General Laws on all appeals and petitions brought before it.
E.
Procedures. The Board of Appeals shall establish rules and regulations
consistent with the provisions of this chapter and with the provisions
of Chapter 40A or other applicable provisions of the General Laws
and shall file a copy thereof with the Town Clerk.
A.
Special Permit Granting Authority. Unless specifically designated
otherwise, the Board of Appeals shall act as the Special Permit Granting
Authority.
B.
Public hearing. Special Permits shall only be issued following public
hearings held within sixty-five (65) days after filing with the Special
Permit Granting Authority and application, a copy of which shall forthwith
be given to the Town Clerk by the applicant.
C.
Criteria. Special Permits may be granted when it has been found that
the use involved will not be detrimental to the established or future
character of the neighborhood and the town and when it has been found
that the use involved will be in harmony with the general purpose
and intent of the chapter and shall include consideration of each
of the following:
(1)
Adequacy of the site, in terms of size, for the proposed use.
(2)
Suitability of the site for the proposed use.
(3)
Impact on traffic flow and safety.
(4)
Impact on neighborhood visual character, including views and vistas.
(5)
Adequacy of the method of sewage disposal, source of water and drainage.
(6)
Adequacy of utilities and other public services.
(7)
Noise and litter.
(8)
Impact on groundwater quality and recharge volume and the water quality
of coastal and fresh surface water bodies.
[Added 11-18-1991 STM, Art. 2]
D.
Conditions. Special Permits may be granted with such reasonable conditions,
safeguards or limitations on time or use as the Special Permit Granting
Authority may deem necessary to serve the purposes of this chapter.
E.
Expiration. Special Permits shall lapse if a substantial use thereof
or construction has not begun, except for good cause, within twenty-four
(24) months of Special Permit approval, plus such time as required
to pursue or await the determination of an appeal.
This chapter may from time to time be changed by amendment, addition or repeals by the Town Meeting in the manner provided in MGL C. 40A, § 5, and any amendments therein.
The invalidity of any section or provision of this chapter shall
not invalidate any other section or provision hereof.
