This chapter shall be administered by the Building Commissioner/Inspector of Buildings or his delegates, who may delegate the responsibilities set forth hereunder to members of the Inspectional Services Department. Buildings, structures or signs may not be erected, substantially altered, moved, or changed in use and land may not be substantially altered or changed in principal use unless in compliance with then-applicable zoning, and after all necessary permits have been received under federal, state, or local law.
Pursuant to the State Building Code, the Building Commissioner/Inspector of Buildings may require such plans and specifications as may be necessary to determine compliance with all pertinent laws of the commonwealth. For the purpose of constructing accessory buildings and structures to residential uses and the addition of unroofed decks to residential uses, mortgage survey plans are sufficient for determining compliance with zoning requirements, provided that the mortgage survey plan shows the proposed construction and setbacks.
A. 
The Building Commissioner/Inspector of Buildings shall institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of this chapter and of permits and variances issued thereunder. The Building Commissioner/Inspector of Buildings may, from time to time, delegate this duty to various members of the Inspectional Services Department.
B. 
The Building Commissioner/Inspector of Buildings shall execute the provisions of this chapter, except when otherwise provided, and in so doing he shall have the same powers as are provided for the execution of the building ordinances of the City. He shall issue no permit for the construction, alteration, enlargement, reconstruction, raising up, moving or use of any building, structure or premises, or part thereof, which would be in violation of the provisions of this chapter or of MGL c. 40A.
The Building Commissioner/Inspector of Buildings shall, where such permit so authorizes and after proper identification, have the right to enter any premises for the purpose of inspecting any building or structure, at a reasonable hour and at such times as may be reasonably necessary to enforce this chapter.
Notwithstanding the foregoing, any alleged violation of any of the provisions of this chapter may, in the sole discretion of the Building Commissioner/Inspector of Buildings, be made the subject matter of proceedings initiated by the Building Commissioner pursuant to the noncriminal disposition provisions of MGL c. 40, § 21D. If the Building Commissioner so elects to initiate such provision, all the terms and provisions thereof shall govern said action.
[Amended 6-20-2019 by Ord. No. 2019-21]
There is hereby established a Board of Appeals of five members and two associate members appointed by the Mayor in accordance with Section 3-3 of The Charter.
The Zoning 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:
A. 
To hear and decide applications for special permits. Unless otherwise specified herein, the Zoning Board of Appeals shall serve as the special permit granting authority, to act in all matters in accordance with this chapter, or as otherwise specified.
B. 
To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of MGL c. 40A, §§ 8 and 15.
C. 
To hear and decide appeals or petitions for variances from the terms of this chapter, with respect to particular land, uses, or structures, as set forth in MGL c. 40A, § 10.
The Board of Appeals may adopt rules and regulations for the administration of its powers.
[Amended 6-27-2023 by Ord. No. 2023-10]
The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits as provided in Chapter A110, Fee Schedule, of the City Code, to be paid to the Planning Division.
In accordance with MGL c. 40A, § 16, no application or petition which has been unfavorably and finally acted upon by the special permit granting or permit granting authority (Zoning Board of Appeals) shall be acted favorably upon within two years after the date of final unfavorable action unless said special permit granting authority or permit granting authority finds, by a vote of four members of a board of five members, specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the record of its proceedings, and unless all but one of the members of the Planning Board consents thereto and after notice is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered.
[Added 6-27-2023 by Ord. No. 2023-10]
The Planning Board may adopt reasonable fees and applicable legal advertisement costs and abutter notification costs, as provided in Chapter A110, Fee Schedule, of the City Code, to be paid to the Planning Division.