6.1.1.
This bylaw shall be enforced by the Zoning Enforcement Officer
appointed by the Selectmen. No building shall be built or altered
and no use of land or a building shall be begun or changed without
a permit having been issued by the Building Inspector, and any construction,
alteration or use under a building or special permit shall conform
to any subsequent amendment of this Zoning Bylaw unless the construction,
alteration or use is commenced with a period of 12 months from the
date of issuance of the permit and, in case of construction, unless
said construction is continued through to completion as continuously
and expeditiously as is reasonable. No building shall be occupied
until a certificate of occupancy has been issued by the Building Inspector.
Any person violating any provision of the bylaw may be fined not more
than $300 for each offense. Each day that said violation continues
shall constitute a separate offense.
[Amended 5-5-2011 ATM by Art. 18; 5-3-2012 ATM by Art. 25; 5-4-2017 ATM by Art. 22]
6.1.2.
Any person violating any provision of the Zoning Bylaw may be
fined under the Town of Hadley general bylaw "Noncriminal Disposition
Violations and Penalties."[1]
[Added 5-1-2003]
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Violation of Zoning Bylaw:
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|---|---|
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First offense
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$100.00
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Second offense
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$200.00
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Third and subsequent offenses:
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$300.00
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Each day that said violation continues shall constitute a separate
offense.
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There is hereby established a Board of Appeals of three members
and two associate members to be appointed by the Selectmen, as provided
in MGL c. 40A, which shall act on all matters within its jurisdiction
under this bylaw in the manner prescribed in MGL c. 40A.
6.2.1.
The Board of Appeals shall have the following powers:
6.2.1.1.
Appeals. To hear and decide an appeal taken by any person aggrieved
by reason of his or her inability to obtain a permit or enforcement
action from any administrative official under the provisions of this
bylaw or MGL c. 40A or by an officer or board of the Town aggrieved
by an order or decision of the Building Inspector or other administrative
official in violation of any provision of this bylaw or MGL c. 40A.
[Amended 5-5-2011 ATM by Art. 18]
6.2.1.2.
Special permits. To grant a special permit for uses provided by
sections of this bylaw, provided that the use involved will be in
harmony with the general purpose and intent of the bylaw and shall
not be substantially more detrimental to the established or future
character of the neighborhood and Town, subject to such appropriate
conditions or safeguards as the Board of Appeals shall deem necessary.
See Section 6.5.
[Amended 5-4-2017 ATM
by Art. 22; 5-5-2022 ATM by Art. 22]
6.2.1.3.
Variances. To grant upon appeal or upon petition in cases where a
particular use is sought with respect to a particular land or structure
a variance from the terms of this Zoning Bylaw where the Board of
Appeals find that, owing to circumstances relating to 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 they are located, a literal enforcement of the provisions
of this bylaw would involve substantial hardship, financial or otherwise,
to the appellant and that desirable relief may be granted without
substantial detriment to the public good and without nullifying or
substantially derogating from the intent or purpose of this bylaw.
6.2.2.
Filing requirements. Any application for an appeal, special
permit, or variance or petition shall be filed with the Town Clerk
of the Town, who shall be deemed to be the agent of the permit granting
authority under this bylaw and MGL c. 40A. Any such application for
an appeal, special permit, or variance must be filed in duplicate
in accordance with the rules and regulations promulgated by the permit
granting authority. Upon filing, the Town Clerk shall forthwith forward
the original application to the Board of Appeals or the Planning Board,
whichever is the permit granting authority, and retain one copy as
required by law in the office of the Town Clerk. The content of said
application shall be governed by the rules and regulations promulgated
by the permit granting authority.
[Amended 5-5-2011 ATM by Art. 18]
[Amended 5-5-2011 ATM by Art. 18]
This bylaw may be amended from time to time at an Annual or
Special Town Meeting in accord with provisions of MGL c. 40A, § 5.
6.3.1.
This
Zoning Bylaw and Zoning Map may be amended from time to time in accordance
with MGL c. 40A, § 6.
[Added 5-2-2013 ATM by Art. 21]
[Amended 5-2-2013 ATM by Art. 21]
6.4.1.
The
invalidity, unconstitutionality, or illegality of any provision of
this Zoning Bylaw or boundary shown on the Zoning Map shall not have
any effect upon the validity, constitutionality, or legality of any
other provision or boundary.
6.4.2.
If
any provision of this Zoning Bylaw or Zoning Map is found to be invalid
by a court of competent jurisdiction, the remainder of the Zoning
Bylaw and Zoning Map shall remain in full force. The invalidity of
any provision of this Zoning Bylaw or Zoning Map shall not affect
the validity of the remainder of the town’s Zoning Bylaw or
Zoning Map.
6.4.3.
The
provisions of this Zoning Bylaw and Zoning Map are severable, and,
in the event that any provision of this Zoning Bylaw or Zoning Map
are determined to be invalid for any reason, the remaining provisions
shall remain in full force and effect.
[Added 5-5-2022 ATM by
Art. 22]
6.5.1.
The applicant shall file an application for a special permit
with the special permit granting authority (SPGA) and immediately
thereafter shall file a copy of the application, including the date
and time of filing certified by the SPGA, with the Town Clerk. The
form and contents of the application shall be in accordance with the
rules and regulations of the SPGA.
6.5.2.
The SPGA shall hold a public hearing within 65 days of receipt
of a special permit application and shall take final action no later
than 90 days from the closing of the public hearing. Notification
requirements for a public hearing shall be in accordance with MGL.
c. 40A, § 11.
6.5.3.
Unless otherwise specified herein, special permits shall be
granted by the SPGA only upon its written determination that the beneficial
effects of the proposed use outweigh its adverse impacts to the Town
or the neighborhood, in view of the particular characteristics of
the site, and of the proposal in relation to that site. The decision
shall include determinations that all the following criteria for granting
a special permit are met:
6.5.3.1.
The use is in harmony with the general purpose and intent of
this bylaw;
6.5.3.2.
The use is in an appropriate location and is not detrimental
to the neighborhood and does not significantly alter the character
of the zoning district;
6.5.3.3.
Adequate and appropriate facilities will be provided for the
operation of the proposed use;
6.5.3.4.
The proposed use will not be detrimental or otherwise offensive
to the adjoining zoning districts and neighboring properties due to
the effects of lighting, odors, smoke, noise, sewage, refuse materials,
or visual or other nuisances;
6.5.3.5.
The proposed use will not cause undue traffic congestion in
the immediate area;
6.5.3.6.
The proposed use is consistent with the Hadley Master Plan;
and
6.5.3.7.
Any other finding expressly required in this bylaw for specific
uses. The SPGA findings shall be made part of the record of the public
hearing.
6.5.4.
Special permits may be granted with such reasonable conditions,
safeguards, or limitations on time or use, including performance guarantees,
as the SPGA may deem necessary to serve the purposes of this Zoning
Bylaw. Such conditions may include but shall not be limited to the
following:
6.5.4.1.
Deadline to commence construction per MGL c. 40A, § 9.
6.5.4.2.
Dimensional standards more restrictive than those set forth
in this bylaw.
6.5.4.3.
Limitations on signage, number of vehicles or parking spaces,
noise, or hours of operation of construction equipment.
6.5.4.4.
Limitation of size, method or hours of operation, extent of
facilities, or other operating characteristics of a use.
6.5.4.5.
Requirements pertaining to integrated emergency or alarm systems,
maintenance, landscaping, dust control, wastewater disposal or water
supply, bond or other performance guarantee.
6.5.4.6.
Requirements for independent monitoring, at the expense of the
applicant, and reporting to the Zoning Enforcement Officer, if necessary
to ensure continuing compliance with the conditions of a special permit
or of this bylaw.
6.5.4.7.
Term for years with or without automatic renewals, to the extent
allowed by law.
6.5.4.8.
Requirements pertaining to tree protection, maintenance, or
replacement.
6.5.4.9.
Other limitations as may be reasonably related to reducing any
adverse impact on, or increasing the compatibility of the proposed
use, structure or activity with, the surrounding area.
6.5.5.
Special permits shall lapse within three years from the grant
thereof, which shall be deemed to be the date of the decision of the
SPGA in the office of the Town Clerk (but which shall not include
such time required to pursue or await the determination of an appeal
under MGL c. 40A, § 17), if a substantial use thereof has
not sooner commenced except for good cause, or, in the case of a special
permit for construction, if construction has not begun by such date
except for good cause.
6.5.6.
Special permits shall not take effect until filed with the Town
Clerk and recorded with the Hampshire Registry of Deeds or the Hampshire
Registry District of the Land Court. Proof of recording with the Registry
of Deeds or Registry District of the Land Court shall be presented
to the Zoning Enforcement Officer and to the SPGA.
6.5.7.
Any SPGA may hire professional consultants at the applicant's
expense pursuant to MGL c. 44, § 53G to assist with review
of a special permit application, provided that the procedures for
hiring outside consultants are set forth in the applicable board's
rules and regulations or policies.
