This bylaw shall be administered and enforced by the Building
Inspector/Zoning Enforcement Officer. Pursuant to the State Building
Code, the Building Inspector shall require such plans and specifications
as shall be necessary to determine compliance with all pertinent laws
of the commonwealth; buildings, structures or signs shall not be erected,
substantially altered, moved, or changed in use and land shall 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.
The Building Inspector/Zoning Enforcement Officer shall institute
and take any and all such action as shall be necessary to enforce
full compliance with any and all of the provisions of this bylaw and
of building and occupancy permits and variances issued thereunder,
including notification of noncompliance and request for legal action
through the Board of Selectmen to the Town Counsel.
A. If the Building Inspector is informed or has reason to believe that
any provision of this bylaw or any permit or decision thereunder has
been, is being, or is about to be violated, the Building Inspector
shall make an investigation of the facts, including the inspection
of the premises where the violations may exist. Where written complaint
is made to the Building Inspector, the Building Inspector shall take
action upon such complaint within 14 days of receipt thereof and shall
report such action in writing to the complainant.
B. If the Building Inspector finds no violation or prospective violation,
any person aggrieved by said decision, or any officer or board of
the Town, may within 30 days appeal to the Board of Appeals.
C. If the Building Inspector finds a violation or prospective violation,
the Building Inspector shall give immediate notice in writing to the
owner and to the occupant of the premises and shall order the person(s)
in lawful control of the premises to cease and desist and refrain
from such violation. Any person aggrieved by said decision, or any
officer or board of the Town, shall within 30 days appeal to the Board
of Appeals.
D. If, after such order, such violation continues and no appeal to the
Board of Appeals is taken within 30 days, the Building Inspector may
forthwith make application to court for an injunction or order restraining
the violation and may take such other action as is necessary to enforce
the provisions of this bylaw.
E. If, after action by the Building Inspector, appeal is taken to the
Board of Appeals, and after a public hearing the Board of Appeals
finds that there has been a violation or prospective violation, the
Building Inspector may issue an order to cease and desist and refrain
from such violation unless such order has been previously issued.
If such violation then continues, the Building Inspector may forthwith
make application to court for an injunction or order restraining the
violation and may take such other action as may be necessary to enforce
this bylaw.
F. Construction or operations under a building permit or special permit
shall conform to any subsequent amendment of this bylaw unless the
use or construction is commenced within a period of 12 months after
issuance of the permit; additionally, in cases involving construction
begun within such twelve-month period, such construction shall be
continued through to completion as continuously and expeditiously
as is reasonable.
In addition to the procedures for enforcement as described in §
50-14.2, above, the provisions of this bylaw, including the conditions of a permit granted under this bylaw, or any decisions rendered by the Zoning Board of Appeals or Planning Board under this bylaw, may be enforced by the Building Inspector by noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D. Each day that each violation continues shall constitute a separate offense. The penalty for a violation of any provision of this bylaw shall be $100 for the first offense, $200 for the second offense, and $300 for each subsequent offense.
Special permits, where granted, must be in harmony with the
general purpose and intent of this bylaw, and they shall be subject
to whatever appropriate conditions and safeguards the special permit
granting authority may prescribe.
A. Criteria. Special permits shall be granted by the special permit
granting authority only upon its written determination that the adverse
effects of the proposed use will not outweigh its beneficial 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. In addition
to any other specific factors and/or special permit requirements that
may be set forth elsewhere in this bylaw, the determination shall
include consideration of each of the following:
(1)
Social, economic, or community needs which are served by the
proposal;
(2)
Traffic flow and safety, including parking and loading;
(3)
Adequacy of utilities and other public services;
(4)
Neighborhood character and social structures;
(5)
Impacts on the natural environment;
(6)
Potential fiscal impact, including impact on Town services,
tax base, and employment; and
(7)
Consistency with the Town of Groveland Community Development
Plan or the Town of Groveland Master Plan.
B. Procedures. An application for a special permit shall be filed in
accordance with the rules and regulations of the special permit granting
authority.
C. Conditions. Special permits may be granted with such reasonable conditions,
safeguards, or limitations on time or use, including performance guarantees,
as the special permit granting authority may deem necessary to serve
the purposes of this bylaw.
D. Fees. The special permit granting authority may require the payment
of reasonable administrative fees and technical review fees for review
of any special permit application.
E. Lapse. Special permits shall lapse if a substantial use thereof or
construction thereunder has not begun, except for good cause, within
three years following the filing of the special permit approval (plus
such time required to pursue or await the determination of an appeal
referred to in MGL c. 40A, § 17, from the grant thereof)
with the Town Clerk.