This bylaw shall be enforced and administered by the Building
Inspector of the Town of Mansfield.
A.
Building permits.
(1)
No construction for a building or structure shall be started,
and no building or structure shall be erected, moved or added to until
a building permit for the proposed work or addition shall be applied
for and granted.
(2)
No permit shall be granted for the construction, alteration,
relocation or use of any building, structure or premises in violation
of any provisions of this bylaw. Whenever any permit or license is
refused because of some provision of this bylaw, the reason therefor
shall be clearly stated in writing.
(3)
An application for a building permit for a new or altered use
of land or of a structure or for construction, addition, reconstruction
or relocation of a building shall be made by the owner or their agent,
in writing, on a form approved by the Building Inspector, and shall
be accompanied by two copies of a plot plan showing the site, and
size and shape of the lot, the names of the owners of record, the
exact location of existing streets and buildings or structures, and
proposed buildings, structures or additions thereto. The Building
Inspector shall send one copy of the plot plan and application to
the Planning Board.
(4)
A record of application herein referred to and the action taken
thereon shall be kept on file in the Town offices.
(5)
The Building Inspector shall issue the building permit only
after they have viewed the premises and determined that the contemplated
use change, construction or addition would not be in violation of
this bylaw. After issuance of the building permit, the Building Inspector
shall make at least one inspection while the work of construction
is in progress to ascertain that there is no evidence of violation
of the bylaw as a result of any changes or deviation made during the
period of construction.
(6)
Upon completion of the construction, addition, or change use
for which the permit was originally granted and before occupancy by
the owner, their agent, servants, tenants, lessees, or assigns, the
Building Inspector shall make a final inspection to determine if the
completed construction, addition or change in use conforms to the
permit and is not in violation of said bylaw.
(7)
The fee required for the building permit shall be that established
by the Select Board.
(8)
Any person aggrieved by reason of their inability to obtain
a permit, or by any order or decision of the Building Inspector or
other administrative official, shall file their written appeal to
the Board of Appeals with the Town Clerk, not later than 30 days after
the order, or decision causing the aggrievance or the refusal to issue
such permit.
B.
Occupancy permits. No building hereafter erected 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 Building
Inspector, has been granted to the owner or proposed occupant of such
land or building. Such permit shall not be granted unless the proposed
use of the land or building and all necessary uses comply in all respects
with this bylaw, and no use shall be made of such land or building
except the use or uses authorized by such occupancy permit.
C.
Violations and enforcement.
(1)
Criminal complaint. Violations shall be determined by the Building
Inspector by an investigation of the fact and inspection of the premises,
after which they shall give notice thereof in writing by certified
mail to the owner or to their duly authorized agent and to the occupant
of the premises, and shall order that any use of the premises contrary
to the provisions of this bylaw immediately cease. Each day of violation
after such written notice shall be considered a separate offense.
Each day of such offense will be subject to a fine of $100. If after
such notices the premises continue to be used in a manner contrary
to the provisions of this bylaw, or if such owner or occupant shall
fail to obey any lawful order of the Building Inspector in respect
to any violation of use contrary to the provisions of this bylaw,
the Building Inspector shall institute appropriate legal proceedings
to enforce the provisions of this bylaw or to restrain by injunction
any violations thereof, or both.
(2)
Noncriminal disposition. In addition to the procedures for enforcement
as described above, the provisions of this Zoning Bylaw may also be
enforced, by the Building Inspector, by noncriminal complaint pursuant
to the provisions of MGL c. 40, § 21D. Each day on
which a violation exists shall be deemed to be a separate offense.
The penalty for violation of any provision of this bylaw shall be
$25 for the first offense; $50 for the second offense; and $100 for
the third offense and each subsequent offense.
D.
Fees. The fees required for application and permit review contained
within the Zoning Bylaw shall be established by the Select Board on
the recommendation of the Planning Board.
A.
A Board of Appeals should be appointed as hereinafter provided. The
Board of Appeals established under this bylaw shall also act as the
Board of Appeals as provided by the Subdivision Control Law in MGL
c. 41, § 81Z. Said Board shall consist of five members
and two associate members and shall be appointed by the Select Board
annually in the month of April. All members and associate members
of said Board shall be residents of the Town. The members of the Board
shall be appointed for terms of such length and so arranged that the
term of at least one member will expire on April 30 of each year and
their successors shall be appointed for terms of three years each.
The associate members of the Board shall be appointed for terms of
two years each and their terms shall be arranged so that the terms
of one associate member will expire on April 30 of each year. Within
30 days after a vacancy occurs, by resignation or otherwise, it shall
be filled for the unexpired term in the same manner as an original
appointment to the Board.
B.
The Board of Appeals shall have the following powers:
(1)
Appeals: to hear and decide an appeal taken by any person aggrieved
by reason of their inability to obtain a permit from any administrative
official under the provisions of Chapter 40A of the General Laws,
or by any officer or board of the Town, or by any persons aggrieved
by an order or decision of the Inspector of Buildings or other administrative
official in violation of any provision of Chapter 40A of the General
Laws or of this bylaw.
(2)
Special permits: to grant a special permit or an extension as
provided in this bylaw when it has been determined that the application
and plans meet the submission and technical requirements of this bylaw
and that the benefits of the proposed project outweigh its detrimental
effects, after consideration of all appropriate criteria.
(3)
Variances: to authorize upon appeal, or upon petition, a variance
from the terms of this bylaw, where, owing to conditions relating
to the soil conditions, shape of topography of such land or building
especially affecting such parcel or such building but not affecting
generally the zoning district in which it is located, a literal enforcement
of the provisions of this bylaw would cause substantial hardship to
the appellant, and where 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, but not otherwise.
(4)
Findings: to permit the change, extension, or alteration of
a preexisting nonconforming residential structure after a finding
has been made at a duly advertised public hearing that the change,
extension, or alteration is not substantially more detrimental to
the neighborhood than the existing nonconforming residential structure;
provided, however, that such change, extension, or alteration does
not create a new noncompliance with any other requirement of this
bylaw.
C.
The Board of Appeals shall have all powers vested in it by this bylaw
and by the laws of the commonwealth, and shall function as provided
in Chapter 40A of the General Laws of the Commonwealth of Massachusetts.
This bylaw may from time to time be changed by amendment, addition
or repeal by a Town Meeting in a manner provided by law, and all petitions
therefor shall be signed with petitioner's true name and valid address,
which shall be verified by the Town Clerk, and shall be filed with
the Town Clerk, who shall forthwith transmit true copies thereof to
the Select Board and the Planning Board, and the Select Board shall
insert in the warrant for the Town Meeting an article or articles
setting forth the subject matters of all such petitions, after a hearing
and recommendation has been made by the Planning Board, said hearing
to be held within 30 days of the filing of the petition and said recommendation
to be made within 45 days of the filing of the petition.
A.
The provisions of this bylaw are hereby declared to be severable
and if any such provisions, or the application of such provisions
to any person or circumstances, shall be held to be invalid or unconstitutional,
such invalidity or unconstitutionality shall not be construed to affect
the validity or constitutionally of any of the remaining provisions
thereof or the application of such provisions to persons or circumstances
other than those as to which it is held invalid or unconstitutional.
It is hereby declared to be the intent of the Town that said provisions
would have been adopted in the event such invalid or unconstitutional
provisions had not been included therein.
B.
Permits issued prior to the first public hearing held on this bylaw
relative to the adopting of this bylaw shall not be affected by the
provisions of this bylaw.
This bylaw shall take effect upon adoption by the Town, the
approval of the Attorney General of the Commonwealth of Massachusetts
and publication as provided by law.
