[Amended 12-28-1959 by Ord. No. 19612]
A Board of Appeals is hereby established in accordance with
the General Laws. Such Board shall consist of five permanent members
and five associate members, who shall be appointed by the Mayor, subject
to confirmation by the City Council, to serve for terms of five years
from the first day of January and until their successors are appointed
and confirmed, except that the terms of the permanent members initially
appointed shall be for one, two, three, four and five years, respectively,
so that the term of one permanent appointee shall expire each year
thereafter on the last day of the preceding month. Immediately after
the annual appointee has qualified, the Board shall meet and organize
and shall elect one of its members as Chairman and shall designate
a clerk. The clerk shall not be required to be a member of the Board.
Associate members shall be designated in rotation insofar as practical
to act for permanent members as provided in the General Laws.
[Amended 12-28-1959 by Ord. No. 19612]
The Board of Appeals shall have all of the powers vested in
it by the General Ordinances and by the General Laws and shall be
the Board of Appeals under the Subdivision Control Law as set forth
in MGLA c. 41, Section 81Z.
[Amended 12-28-1959 by Ord. No. 19612; 12-11-1978 by Ord. No. 24439; 12-28-1959 by Ord. No. 19612; 12-12-1977 by Ord. No. 24266]
7.31.
Any person aggrieved by the refusal of the Inspector of Buildings
to issue a permit on the grounds of noncompliance with this chapter
or by a ruling required of the Inspector of Buildings by any provision
of this chapter may appeal to the Board of Appeals as provided herein
and in the General Laws.
7.32.
Any person appealing to the Board of Appeals and any person desiring
to obtain the permission of the Board of Appeals, the Board of Survey
and Planning or the City Council for any purpose for which such permission
is required under the provision of this chapter shall make application
in writing therefor, and the Board of Appeals, the Board of Survey
and Planning or the City Council shall, within 65 days, hold a public
hearing thereon, first giving notice thereof in the manner provided
by the General Laws; and any special permit so granted shall lapse
within two years as set forth in MGLA c. 40A, Section 9. Notice of
such hearing shall further be given to the City Council, the Board
of Health, the Board of Survey and Planning, the Planning Department,
the Conservation Commission and the Waltham Traffic Commission.
7.33.
If the rights authorized by a variance granted after the enactment
of this provision are not exercised by securing all necessary permits
and/or authorizations and by initiating construction within one year
of the grant of such variance, they shall lapse and may be reestablished
only after notice and a new hearing pursuant to Chapter 40A of the
General Laws.
[Amended 12-11-1978 by Ord. No. 24439; 12-11-1978 by Ord. No. 24440; 12-12-1977 by Ord. No. 24266; 12-11-1978 by Ord. No. 24443; 6-25-1990 by Ord. No.
26947]
7.41.
Occupancy permits. No building hereafter erected, altered or relocated
shall be used and no change shall be made of the use of any building
or of any parcel of land unless an occupancy permit signed by the
Inspector of Buildings has been granted to the owner or occupant of
such land or building. Such permit shall not be granted unless the
proposed use of the land and building and all accessory uses comply
in all respects with this chapter, and no use shall be made of such
land or building except the one authorized by such occupancy permit.
7.42.
Enforcing officer; denial of building permit. This chapter shall
be enforced by the Inspector of Buildings, and no permit shall be
granted for the construction, alteration, relocation or use of any
building, structure or premises in violation of any provision of this
chapter. Whenever such permit is refused because of some provision
of this chapter, the reason therefor shall be clearly stated, in writing,
upon written demand of the applicant.
7.43.
Powers of Inspector of Buildings; reports to Council; violations
and penalties.
7.431.
If the Inspector of Buildings shall be informed or have reason to
believe that any provisions of this chapter have been, are being or
may be violated, he shall make or cause to be made an investigation
of the facts and inspect the property where such violation may exist.
If he shall find any violation, he shall give notice thereof, in writing,
to the owner or his duly authorized agent and the occupant of the
premises, and he shall order that any use of any building or land
contrary to the provisions of this chapter shall immediately cease.
7.432.
If, after such notice, the unlawful use shall be continued or if
any owner occupant shall fail to obey any lawful order of the Inspector
of Buildings in respect to any violation or use contrary to the provisions
of this chapter, the Inspector of Buildings shall revoke the permit
for occupancy and institute appropriate legal proceedings to enforce
this chapter, to restrain by injunction any violation thereof, or
both, and he shall take any and all action as may be necessary to
enforce its provisions.
7.433.
If the Inspector of Buildings is requested, in writing, to enforce
any provision of this chapter against any person allegedly in violation
thereof, he shall notify, in writing, the party requesting such enforcement
of any action or refusal to act and the reasons therefor within 14
days of the receipt of such request.
7.434.
The Inspector of Buildings shall also make a report annually to the
City Council at the first regular meeting in October of all violations
of this chapter which he has discovered or which have been brought
to his attention, together with a report of his action thereon, and
the City Council shall make appropriate recommendations to the Mayor
relative to the prompt disposition thereof, if necessary.
7.435.
Violations and penalties. Whoever shall violate any provision of
this chapter shall, for each and every day that such offense continues,
be subject to a fine of not more than $300.
7.435A.
Noncriminal disposition. In addition to the procedures
for enforcement as described above, the provisions of this chapter
may also be enforced by Inspector of Buildings by noncriminal complaint
pursuant to the provisions of MGLA c. 40, Section 21D. Each day on
which a violation exists shall be deemed to be a separate offense.
The penalty for violation of any provision of the City of Waltham
Zoning Chapter shall be $50 for the first offense, $200 for the second
offense and $300 for the third and each subsequent offense thereafter
committed within a twelve-month period.
7.436.
Expeditious construction required. Any construction or operations
under a building or special permit not commenced within a period of
six months after the issuance of a permit shall be subject to any
subsequent applicable amendment to this chapter and, in the case of
construction, shall proceed to completion as continuously and expeditiously
as is reasonable.
[Amended 11-13-1961 by Ord. No. 20263; 2-26-1973 by Ord. No. 23381; 12-26-2006 by Ord. No. 30559; amended 12-10-1984 by Ord. No. 25611; 12-23-1991 by Ord. No. 27273; 12-11-1978 by Ord. No. 24440; 6-24-1996 by Ord. No.
28189; 12-23-1991 by Ord. No. 27273; 6-24-1996 by Ord. No. 28189]
7.51.
Application fee. Any applicant for a special permit or zone change,
or any change to this chapter from the City Council shall be required
to pay to the City Clerk, at the time of filing the application/petition
with said Clerk, the fee(s) established by the rules and regulations
of the City Council. Where the applicant for a change in this chapter
or a special permit hereunder is a realty trust, the application shall
include the names of all the trustees and beneficiaries of said realty
trust; and where the applicant is a corporation, the application shall
include the names of all the officers and stockholders of said corporation;
provided, however, that when the number of beneficiaries or stockholders
exceeds 25, only the 25 largest beneficiaries or stockholders need
be included, and provided further, that such application shall also
include any changes in beneficiaries or stockholders that has occurred
within six months prior to the date of application.
7.52.
Hearings. The City Council and the Board of Survey and Planning,
in carrying out the provisions of MGL c. 40A, Section 5, shall conduct
a joint hearing in compliance with the procedure set forth in said
Section 5.
7.53.
Notice of public hearing.
(a)
Whenever a petition requesting a change of any provision of this
chapter has been filed in the office of the City Clerk, the City Clerk
shall, as soon as possible, schedule a joint public hearing in accordance
with MGL c. 40A, Section 5, and send a notice by mail, postage paid,
to all parties in interest, as defined by MGL c. 40A, Section 11.
Said notice shall contain the name of the petitioner, a description
of the area or premises, street address, if any, or other adequate
identification of the location of the area or premises which is the
subject of the petition, the date, time and place of the public hearing,
the subject matter of the hearing and the nature of action or relief
requested. Such public hearing shall be presided over by the President
of the City Council, and shall be conducted in accordance with the
Rules of the Waltham City Council as most recently amended.
(b)
As used in this chapter, "parties in interest" shall mean the Waltham
Board of Survey and Planning, the Planning Boards of Belmont, Lexington,
Lincoln, Newton, Watertown and Weston, the Waltham Inspector of Buildings,
the Waltham Planning Director, the Massachusetts Department of Community
Affairs, the Metropolitan Area Planning Council, the petitioner and
the owners of the parcels which are the subject of the petition; and
provided further, that where the petition requests a change in the
zoning designation of 25 or less parcels of land or portions thereof,
"parties in interest" shall also include all abutters to the subject
parcels, abutters to the abutters who are within 300 feet of the property
line of any of the subject parcels and owners of land located across
a public or private street or way from a subject parcel as appearing
in the most recent applicable tax list, notwithstanding that the land
of such owner is located in another City or town, provisions of Section
5 of said Chapter 40A shall be given. The assessors maintaining any
applicable tax list shall certify to the City Council the names and
addresses of parties in interest, and such certification shall be
conclusive for all purposes. Where any portion of a parcel of land
upon which there is located a condominium or condominiums, established
under the provision of Chapter 183A of the General Laws, is located
within 300 feet of said property line, notice shall be sent, postage
prepaid, to every member of the condominium association, whether or
not the individual condominium owned by said member is located within
said 300 feet. The City Council may accept a waiver of notice from
or an affidavit of actual notice to any party in interest or, in his
stead, any successor owner of record who may not have received a notice
by mail and may order special notice to any such person, giving not
less than five nor more than 10 additional days to reply.
(d)
The requirements of this chapter shall be in addition to the requirements
of notice and publication provided for in MGL c. 40A, Section 5, or
any other law; provided, however, that where the notice requirements
are duplicative, only one notice need be sent to a party in interest
of a particular public hearing.
