[Amended eff. 11-1-2000 by Ord. No. 707]
The intent and purpose of this article is to provide the specific
means by which this ordinance is administered, enforced, varied and
amended.
A.
Permits.
(1)
This ordinance shall be administered by the Building Commissioner.
Pursuant to the State Building Code, the Building Commissioner may
require such plans and specifications as may be necessary to determine
compliance with all pertinent laws of the commonwealth. 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.
(2)
An application for a permit shall be accompanied by a plan, accurately
drawn, at a scale of one inch equals 40 feet, prepared by a Massachusetts
licensed engineer or land surveyor showing the actual shape and dimensions
of the lot to be built upon, the exact location and size of all buildings
or structures already on the lot, the location of new buildings or
structures to be constructed, together with the lines within which
all buildings or structures are to be erected, the existing and intended
use of each building or structure and such other information as may
be necessary to provide for the execution and enforcement of this
ordinance. The Building Commissioner shall take action on an application
for a permit, either granting the permit or disapproving the application,
within 30 days of receipt of the application.
(3)
No permit shall be issued under this section if the building, structures
or lot as constructed, altered, relocated or used would be in violation
of any provision of this ordinance. Whenever such permit or license
is refused because of some provisions of this ordinance, the reason
therefor shall be clearly stated in writing.
(4)
No building hereafter erected, altered substantially in its use or
extent or relocated shall be used or occupied, and no change shall
be made of the use of any building or of any parcel of land, unless
a certificate of occupancy signed by the Building Commissioner has
been granted to the owner for occupancy of such land or building.
Such certificate shall not be granted unless the proposed use of the
land and building and all accessory uses comply in all respects with
this ordinance, and no use shall be made of such land or building
that is not authorized by such certificate of occupancy.
(5)
The Building Commissioner is also authorized to issue a temporary
permit for the storage of construction materials, equipment and site
trailers related to a publicly funded project for a period not in
excess of 12 months.
(6)
Consultative review. In the instance where the Building Commissioner
believes that the magnitude of the proposed use or structure is such
as to require special expertise, the Building Commissioner may retain
an outside individual or firm to aid him or her in ensuring compliance
with the Zoning Ordinance of the City of Methuen. The cost of such
review shall be borne in full by the applicant seeking the permit.
B.
Enforcement.
(1)
The Building Commissioner 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 ordinance and of permits and variances
issued thereunder, including notification of noncompliance and request
for legal action through the City Council to the City Solicitor.
(2)
In addition to the requirements of MGL c. 40A, where the Building
Commissioner, in the course of his duties, determines that any plans,
buildings or premises are in violation of the provisions of this ordinance,
he shall order the responsible party, in writing, to remedy such conditions.
Said written order shall specify the nature of the violation found
to exist, the remedy ordered, the time permitted for such action,
and the penalties and remedies which may be invoked by the City, and
the violator's right of appeal, all as provided for by this ordinance.
(3)
On the serving of notice by the Building Commissioner to the owner
for any violation of any provisions of this ordinance, the certificate
of occupancy may be considered null and void, and a new certificate
of occupancy shall be required for any further use of such building
or premises. (You ought to consider some limitations here, "any violation"
is rather broad if you are talking about withdrawing an occupancy
permit.)
(4)
The Building Commissioner shall maintain a permanent public record
of all matters considered and all action taken by him, and such records
shall form a part of the records of his office.
(5)
An individual permanent file for each application, by street address,
for a permit provided for by this ordinance shall be established at
the time the application is made. Said file shall contain one copy
of the application and all supporting documents, maps and plans; notations
regarding pertinent dates and fees, and the like; as appropriate,
one copy of the resolution of the Board of Appeal in acting on the
application; and the date the permit applied for was issued or denied
by the Building Commissioner.
C.
Violations. If the Building Commissioner shall be informed in writing
or have reason to believe that any provision of this ordinance has
been, is being or may be violated, he shall make or cause to be made
an investigation of the facts and inspect the property where the violation
may exist. If he shall find any such violation, he shall serve a notice
of violation and order to any owner or person responsible for such
violation of any approved plan, information or drawing pertinent thereto,
or in violation of a permit or certificate issued under the provisions
of this ordinance, and such order shall direct the discontinuance
of the unlawful action, use or condition and the abatement of the
violation within a reasonable time to be specified by the Building
Commissioner. Any owner, who having been served with a notice, and
who ceases any work or other activity, shall not leave any structure
or lot in such conditions as to be a hazard or menace to the public
safety, health or general welfare.
D.
Prosecution of violations. If the notice of violation and order is
not complied with promptly, the Building Commissioner 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.
E.
Penalties. The penalty for violation of any provision of this ordinance,
of any of the conditions under which a permit is issued or of any
decision rendered by the Board of Appeals shall be $300 for each offense.
Each day that each violation continues shall constitute a separate
offense.
A.
Establishment. There is hereby established a Board of Appeals of
five members to be appointed by the Mayor and confirmed by the City
Council, as provided in Chapter 40A of the General Laws. Three associate
members shall be appointed in like manner to serve, upon designation
by the Chairman of the Board, in case of vacancy, inability to act
or conflict of interest on the part of a member of said Board. All
members of the Zoning Board shall be residents of the City of Methuen.
The Zoning Board shall annually elect a Chairman and a Clerk from
its membership.
B.
Powers.
(1)
The 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
ordinance. The Board's powers are as follows:
(a)
To hear and decide applications for special permits. Unless
otherwise specified herein, the Board of Appeals shall serve as the
special permit granting authority.
(b)
To hear and decide appeals or petitions for variances from the
terms of this ordinance, with respect to particular land or structures,
as set forth in MGL c. 40A, § 10.
(c)
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.
(d)
To hear and decide comprehensive permits for construction of
low- or moderate-income housing by a public agency or limited-dividend
or nonprofit corporation, as set forth in MGL c. 40B, §§ 20
through 23.
(e)
The Board of Appeals shall not grant variances from the use
provisions of this ordinance.
(2)
In exercising these powers, the Zoning Board of Appeals may, in conformity
with the provisions of this ordinance and the Zoning Act, revise or
affirm in whole or in part, or may modify, any order or decision,
and may make such order or decision as ought to be made, and to that
end shall have all the powers of the officer from whom the appeal
is taken and may issue or direct the issuance of a permit.
C.
Regulations.
(1)
The Board of Appeals may adopt rules and regulations for the administration
of its powers. A copy of such rules shall be filed in the office of
the City Clerk.
(2)
In addition to the rules and regulations adopted by the Board, the
following shall, at a minimum, apply: Meetings of the Zoning Board
of Appeals shall be held at the call of the Chairman or when called
in such other manner as the Zoning Board of Appeals shall determine
in its rules. The Zoning Board of Appeals shall hold a hearing on
any appeal, application or petition. The Zoning Board of Appeals shall
cause notice of such hearing to be published and sent to parties in
interest as provided for in Chapter 40A of the General Laws and shall
notify the Community Development Board of Methuen and the Community
Development Boards of adjacent cities and towns, which may forward
recommendations with respect to said matter for the consideration
of the Zoning Board of Appeals. The Chairman, or in his absence the
Acting Chairman, may administer oaths, summon witnesses and call for
the production of papers. The concurring vote of all but one of the
members of the Zoning Board of Appeals shall be necessary to reverse
any order or decision of the Building Commissioner under this ordinance.
D.
Fees. The Board of Appeals may adopt reasonable administrative fees
and technical review fees for petitions for variances, administrative
appeals and applications for comprehensive permits.
A.
The Board of Appeals may grant variances in accordance with MGL c.
40A, § 10 if it finds that, owing to circumstances relating
to soil conditions, shape or topography of land and especially affecting
such land but not affecting generally the zoning district in which
the land is located, a literal enforcement of the provisions of the
Zoning Ordinance would involve substantial hardship to the petitioner
or appellant and relief can be granted without substantial detriment
to the public good and without nullifying or derogation from the intent
and purpose of this Zoning Ordinance. The Board of Appeals shall not
grant use variances.
B.
The Board of Appeals may impose conditions, safeguards and limitations
both of time and of use, including the continued existence of any
particular structures, but excluding any condition, safeguards or
limitations based upon the continued ownership of the land or structures
to which the variance pertains by the applicant, petitioner or any
owner.
A.
No appeal, application or petition which has been unfavorably and
finally acted upon by the Zoning Board of Appeals or by another town
agency or board shall be acted favorably upon within two years after
the date of final unfavorable action unless the acting board or agency
finds, by a unanimous vote, specific and material changes in the conditions
upon which 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 Community Development Board consents thereto and
after notice is given to parties in interest (as defined in MGL c.
40A) of the time and place of the proceedings when the question of
such consent will be considered.
B.
Any petition for a variance or application for a special permit which
has been transmitted to the Zoning Board of Appeals may be withdrawn,
without prejudice, by the petitioner prior to the publication of the
notice of a public hearing thereon, but thereafter may be withdrawn
without prejudice only with the approval of the Zoning Board of Appeals.
Public hearings shall be held in accordance with MGL c. 40A,
§ 11, as applicable, and otherwise the Open Meeting Law.
No public hearing hereunder shall be held on any day on which a state
or municipal election, caucus or primary is held in Methuen.
[Amended eff. 1-17-2017 by Ord. No. 914]
If the notice of violation and order is not complied with promptly,
the Building Commissioner 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. Penalties
for violations shall, upon conviction, be affixed in an amount not
to exceed $300 for each offense. Each day, or portion of a day, that
any violation is allowed to continue shall constitute a separate offense.
