It shall be the duty of the Building Commissioner/Zoning Enforcement
Officer to administer and enforce the provisions of this bylaw. If
the Building Commissioner/Zoning Enforcement Officer receives in writing
a request for enforcement and declines to act, or if a person alleges
a violation in writing to that office who declines to act, the Building
Commissioner/Zoning Enforcement Officer shall notify in writing the
party requesting action of his refusal to act and the reasons therefor
within 14 days of receipt of such request.
Except for the erection of a structure enclosing an area of
64 square feet or less and except for the erection of signs of less
than two square feet in surface area identifying occupancy of a residence,
it shall be unlawful for any person to erect, construct, reconstruct,
or alter a structure, or change the use or lot coverage, increase
the intensity of use, or extend or displace the use of any building,
structure, or lot, without applying for and receiving from the Building
Commissioner/Zoning Enforcement Officer a building permit. It shall
also be unlawful for any person to attach, erect, or otherwise install
any sign without applying for and receiving from the Building Commissioner/Zoning
Enforcement Officer a sign permit.
The status of previously approved permits shall be as determined
by the Zoning Act.
Fees shall be as established by the Selectmen.
Any work for which a permit has been issued by the Building
Commissioner/Zoning Enforcement Officer shall be actively prosecuted
within 90 days and completed within one year of the date of the issuance
of the permit. Any permit issued for a project which is actively prosecuted
for one year may be extended at the discretion of the Building Commissioner/Zoning
Enforcement Officer.
The Building Commissioner/Zoning Enforcement Officer shall serve
a notice of violation and order to any owner or person responsible
for the erection, construction, reconstruction, conversion, or alteration
of a structure or change in use, increase in intensity, or extension
or displacement of use of any structure or lot in violation of any
approved plan, information or drawing pertinent thereto, or in violation
of a permit or certificate issued under the provisions of this bylaw,
and such order shall direct the immediate discontinuance of the unlawful
action, use or condition and the abatement of the violation. Any owner
who has been served with a notice and ceases any work or other activity
shall not leave any structure or lot in such a condition as to be
a hazard or menace to the public safety, health, morals or general
welfare.
[Amended 4-24-2017 ATM
by Art. 12]
If the notice of violation and order is not complied with promptly,
the Selectmen shall institute 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. Any person, firm
or corporation violating any of the provisions of this bylaw shall
for each violation, upon conviction thereof, pay a fine of $300. Each
day that a violation is permitted to exist after notice to remove
the same shall constitute a separate offense. Penalties for violations
in connection with the removal of soil, loam, sand, gravel, quarry,
or other earth materials shall be as set forth in the Earth Removal
Bylaw.
Certain uses, structures or conditions are designated as allowed by special permit in Article
V, Table of Use Regulations, and elsewhere in this bylaw. Upon written application duly made to the Board, the Board may, in appropriate cases subject to the applicable conditions set forth in Articles
XI and
XII of this bylaw and elsewhere, and subject to other appropriate conditions and safeguards, grant a special permit for such uses, structures and conditions. When site plan approval is required, the granting authority shall be the Board of Appeals except in the Planned Mixed-Use District where a special permit is also required and that special permit granting authority is the Planning Board. In that case, the special permit granting authority for the site plan approval shall be the Planning Board.
A. Before granting an application for a special permit, the Board, with
due regard to the nature and condition of all adjacent structures
and uses and the district within which the same is located, shall
find all of the following general conditions to be fulfilled:
(1)
The use requested is listed in the Table of Use Regulations
as a special permit in the district for which application is made
or is so designated elsewhere in this bylaw.
(2)
The requested use is essential or desirable to the public convenience
or welfare.
(3)
The requested use will not create undue traffic congestion or
unduly impair pedestrian safety.
(4)
The requested use will not overload any public water, drainage
or sewer system or any other municipal system to such an extent that
the requested use or any developed use in the immediate area or in
any other area of the Town will be unduly subjected to hazards affecting
health, safety or the general welfare.
(5)
Any special regulations for the use, set forth in Article
XI, are fulfilled.
(6)
The requested use will not impair the integrity or character
of the district or adjoining zones, nor be detrimental to the health,
morals, or welfare.
B. The Board shall also impose in addition to any applicable conditions
specified in this bylaw such applicable conditions as it finds reasonably
appropriate to safeguard the neighborhood or otherwise serve the purposes
of this bylaw, including, but not limited to, the following: front,
side, or rear yards greater than the minimum required by this bylaw;
screening buffers or planting strips, fences, or walls, as specified
by the Board; modification of the exterior appearance of the structures;
limitation upon the size, number of occupants, method and time of
operation, time duration of permit, or extent of facilities; regulation
of number and location of driveways or other traffic features; and
off-street parking or loading or other special features beyond the
minimum required by this bylaw. Such conditions shall be imposed in
writing, and the applicant may be required to post bond or other security
for compliance with said conditions in an amount satisfactory to the
Board.
C. In order that the Board may determine that the above-mentioned restrictions
are to be met, a site plan shall be submitted, in quadruplicate, to
the Board by the applicant. Said site plan shall show, among other
things, all existing and proposed buildings, structures, parking spaces,
driveway openings, driveways, service areas, and other open uses,
all facilities for sewage, refuse, and other waste disposal and for
surface water drainage, and all landscape features, such as fences,
walls, planting areas and walks.
(1)
The Board shall, within 10 days after receipt thereof, transmit
one copy of such plan to the Planning Board. The Planning Board may,
in its discretion, investigate the case and report in writing its
recommendation to the Board.
(2)
The Board shall not take final action on such plan until it
has received a report thereon from the Planning Board or until said
Planning Board has allowed 30 days to elapse after receipt of such
plan without submission of a report thereon.
D. The special permit is granted for a period of two years and shall
lapse if substantial use or construction has not commenced by such
date, except for good cause shown, and provided further that such
construction once begun shall be actively and continuously pursued
to completion within a reasonable time.
E. The Board shall hold a public hearing within 65 days after the filing
by the applicant of the appropriate forms and plans with the Town
Clerk who shall forthwith transmit said application to the Board.
It shall act within 90 days of the hearing on the petition; failure
to do so shall be deemed approval.
F. The Planning Board may appoint an associate member. The term of office
of such associate member shall be two years. The Chairperson of the
Planning Board may designate the associate member to sit on the Board
for the purpose of acting on a special permit application, in the
case of absence, inability to act, or conflict of interest on the
part of any members of the Planning Board or in the event of a vacancy
on the Board.
[Amended 4-24-2017 ATM
by Art. 12]
Upon written application duly made to the Board and subsequent public hearing duly advertised by the Board, the Board may, in appropriate cases, subject to the applicable conditions set forth in Articles
XI,
XII,
XIII, and
XV of this bylaw and elsewhere, and subject to other appropriate conditions and safeguards, grant a special permit for an extension or alteration of a nonconforming use or structure. The Board may, subject to the same conditions, grant a special permit for expansion of parking and other accessory uses appropriate to said nonconforming use or structure or expanded nonconforming use or structure.
A. Before granting a special permit for extension or alteration of such
nonconforming use or structure, the Board, with due regard to the
nature and condition of all adjacent structures and uses and the district
within which the same is located, shall find all of the following
general conditions to be fulfilled:
(1)
The use requested for extension or alteration is listed in the
Table of Use Regulations as permitted, or permitted by special permit,
in at least one district within the Town.
(2)
The requested extension or alteration of the use or structure
is essential or desirable to the public convenience or welfare.
(3)
The requested extension or alteration of the use or structure
will not further create undue traffic congestion or unduly impair
pedestrian safety.
(4)
The requested extension or alteration of the use or structure
will not further overload any public water, drainage, or sewer system
or any other municipal system to such an extent that the requested
use or any developed use in the immediate area or in any other area
of the Town will be unduly subjected to hazards affecting health,
safety, or the general welfare.
(5)
Any special regulations for the use or structure as set forth in Article
XII are fulfilled.
(6)
The requested extension or alteration of the use or structure
will not impair the integrity or character of the district or adjoining
zones, nor be detrimental to the health, morals, or welfare.
(7)
The requested extension or alteration of the use or structure will not bring the use or structure into violation of, or further violation of, the regulations set forth in Article
VI, Table of Dimensional and Density Regulations, unless a variance is also granted subject to the provisions of §
305-10.11 of this bylaw.
(8)
The extended or altered use or structure will not be substantially
different in character.
(9)
The extended or altered use or structure will not be more detrimental
or objectionable to the neighborhood.
(10)
The extended or altered use or structure does not cause violation or further violation of Article
VIII of this bylaw.
B. The Board shall also impose in addition to any applicable conditions
specified in this bylaw such applicable conditions as it finds reasonably
appropriate to safeguard the neighborhood, or otherwise serve the
purpose of this bylaw, including, but not limited to, the following:
front, side, or rear yards greater than the minimum required by this
bylaw; screening buffers or planting strips, fences, or walls, as
specified by the Board; modification of the exterior appearances of
the structures; limitation upon the size, number of occupants, method
or time of operation, time duration of permit, or extent of facilities;
regulation of number and location of driveways or other traffic features;
and off-street parking or loading or other special features beyond
the minimum required by the bylaw. Such conditions shall be imposed
in writing and the applicant may be required to post bond or other
security for compliance with said conditions in an amount satisfactory
to the Board.
C. In order that the Board may determine that the above-mentioned restrictions
are to be met, a site plan prepared by a registered land surveyor
or registered professional civil engineer shall be submitted with
six copies to the Board by the applicant. Said site plan shall show,
among other things, all existing and proposed buildings, structures,
parking spaces, driveway openings, driveways, service areas, and other
open uses, all facilities for sewage, refuse, and other waste disposal,
and for surface water drainage, wetlands, and all landscape features,
such as fences, walls, planting areas and walks.
[Amended 4-24-2017 ATM
by Art. 12]
(1)
The Board shall, within 10 days after receipt thereof, transmit
one copy of such plan to the Planning Board. The Planning Board may,
in its discretion, investigate the case and report in writing its
recommendation to the Board.
(2)
The Board shall not take final action on such plan until it
has received a report thereon from the Planning Board or until said
Planning Board has allowed 30 days to elapse after receipt of such
plan without submission of a report thereon.