This chapter shall not apply to existing buildings
or structures, nor to the existing use of any building or structure
or of land, to the extent to which it is legally used at the time
of adoption of this chapter, but it shall apply to any change of use
(and ownership in the case of commonly owned land) thereof and to
any alteration of a building or structure when the same would amount
to reconstruction, extension or structural change, and to any alteration
of a building or structure to provide for its use for a purpose or
in a manner substantially different from the use to which it was put
before alteration, or for its use for the same purpose to a substantially
greater extent.
It shall be the duty of the Building Commissioner
to administer and enforce the provisions of this chapter.
It shall be unlawful to use or occupy any structure
or lot thereafter erected or altered unless the Building Commissioner
has issued a certificate of use and occupancy and has specified thereon
the use to which the structure or lot may be put. Applications for
certificates of use and occupancy shall be filed coincident with the
application for permits and shall be issued or refused in writing
for cause within 10 days after the Building Commissioner has been
notified in writing that the erection or alteration of such buildings
has been completed. A record of all certificates shall be kept on
file in the office of the Building Commissioner. Buildings accessory
to dwellings when completed at the same time shall not require a separate
certificate of occupancy. Pending the issuance of a regular certificate,
a temporary certificate may be issued for a period not exceeding six
months, during the completion of alterations or during partial occupancy
of a building, pending its completion. No temporary certificate shall
be issued prior to its completion if the building fails to meet the
requirements of applicable building ordinances and state laws or this
chapter to such a degree as to render it unsafe for the occupancy
proposed. In situations where, in the opinion of the Building Commissioner,
a single structure or group of related structures may not be issued
a certificate of occupancy because not all of the spaces within the
structure(s) are yet completed, he may issue a single certificate
of occupancy which specifies certain areas as not being included.
Such areas will be required to have a separate certificate of occupancy
prior to their use and occupancy.
Fees shall be established by the Mayor and the
City Council, but shall exempt municipal buildings from the requirements
for payment of fees.
A special permit, site plan or finding granted under this chapter
shall lapse if not exercised within 36 months, except for good cause,
from the effective date of the permit, which is the expiration of
any appeal period extended by any litigation related to the project.
The Building Commissioner shall determine if the use or construction
has been exercised based upon a determination of whether substantial
construction has begun, and has not been otherwise halted indefinitely,
except for good cause, by such date. This section shall become effective
upon enactment by the Mayor for all valid permits issued that are
currently within the two-year tolling period which will automatically
extend to the three-year window and all subsequent permits.
If the notice of violation and order is not
complied with promptly, the Building Commissioner, upon written request
to the City Solicitor, shall have available the services of the City
Solicitor in instituting the appropriate action or proceeding at law
or in equity to prevent any unlawful action, use or condition and
to restrain, correct or abate such violation. If the Building Commissioner
shall refuse or fail to so request the services of the City Solicitor,
the City Council may require him to do so. Delay by the Building Commissioner
in instituting said proceedings shall not be imputed to the City of
Northampton. Penalties for violations may, upon conviction, be affixed
in an amount not to exceed $300 for each offense. Each day or portion
of a day, that any violation is allowed to continue shall constitute
a separate offense.
Any extensions, modifications or renewals of
a special permit or variance shall follow the same procedures as are
required for the original granting of a special permit or variance.