It shall be unlawful for any owner or person to erect, construct,
reconstruct, convert or alter a structure or change the use, or extend
the use of any building, sign or other structure or lot without applying
for on the forms provided for and receiving from the Building Commissioner
the required permit therefor. For purposes of administration, such
permit and application procedure involving a structure may be made
at the same time and combined with the permit required under the most
recent code adopted by the City Council. Where the application does
not involve a structure but only a lot, a permit shall be applied
for and may be issued.
1.
Prior to the issuance of any permit, the Building Commissioner
shall determine that the street or way which provides frontage and
access to a lot(s) has, for the entire length of the lot(s) frontage,
sufficient width, suitable grades/topography and adequate construction
to provide for the needs of vehicular traffic in relation to the proposed
use of the land and for the installation of municipal services to
safely and sufficiently serve such land and the buildings erected
or to be erected thereon. Any question as to the adequacy of a street
or way shall be referred to the Planning Board for the submission
of a plan to determine the adequacy of the street or way. Any improvements
approved by the Planning Board shall follow normal lot release procedures
relative to providing surety for the required improvements.
The following shall be exempt from this section:
1.
Replacing Copy. The changing of advertising copy or message
on an approved painted or printed sign or on theater marquees and
similar approved signs which are specifically designed for the use
of replaceable copy.
2.
Temporary signs and signs under § 6.2.
3.
Structural improvements or changes that are exempted by the
Building Code and do not change the height, number of stories, size,
use or location of a structure.
4.
Repairs as defined by this chapter.
Where authorization of a use of land or of a structure is required
by the Board of Appeals or City Council, a copy of such written authorization
shall be sent by the Clerk of the Board or Council to the Building
Commissioner within 14 days of granting of approval and shall be received
by the Building Commissioner prior to the issuance of a permit. In
addition, the Building Commissioner in such cases where the Board
or Council has granted a limited or conditional zoning variance or
special permit shall not issue a permit until the applicant submits
an affidavit from the Essex County Registry of Deeds that such authorization
of the Board or Council has been recorded. Furthermore, the Building
Commissioner shall not issue a permit where approval by the Mayor,
State Department of Natural Resources and the State Department of
Public Works for the filling of wetlands; and/or a certificate of
appropriateness from the Historic District Commission, if and when
required; and/or a covenant or offer for acceptance of open space,
until these requirements are met in writing. Authorization for a permit
shall be null and void if the applicant has not obtained his permit
from the Building Commissioner after one year from the date of approval
of his application by the City Council or the Board.
1.
In addition to plans and drawings required for submission under
regulations of the Building Code or this chapter, all applications
for building permits for 1) new construction of a single-family home,
or 2) change of use in an existing structure, or 3) any new construction
of a multifamily, commercial, or business structure, or 4) the development
of three or more parking spaces, shall be submitted to the Building
Commissioner accompanied by evidence required by the City departments
set forth below (the "City departments"). This process shall be called
"development review." Approval shall be required, when applicable,
from the following City departments:
2.
The purpose of this development review is to ensure, prior to
issuance of a building permit, that the proposed development or site
alterations will comply with the State Building Code, other state
laws and regulations, this chapter (including the performance standards
set forth in § 6.3), and public safety standards. If, in
the opinion of the relevant City departments, the work proposed deviates
from the standards set forth above, the SPGA or the Building Commissioner
may deny the application for a building permit or other work. Each
City department shall conduct its review within 45 days and report
to the applicant and the Building Commissioner in writing.
3.
When a definitive subdivision plan has been approved and said
plan conforms with the requirements of the Planning Board's rules
and regulations, the development review process may be suspended or
abbreviated, at the discretion of the Building Commissioner.
It shall be unlawful to use or occupy any structure or lot for
which a permit is required herein without the owner applying for and
receiving from the Building Commissioner a certificate of use and
occupancy. Such certificate may be combined with the one which may
be issued under the Building Code. The Building Commissioner shall
take action within 14 days of receipt of an application for a certificate
of use and occupancy. Failure of the Building Commissioner to act
within the 14 days shall be considered approval.
Fees shall be as established by the City Council. Current fees
are on file in the office of the City Clerk.
The Building Commissioner 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, or extension of use of any building, sign or other 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 chapter, and such order shall direct the immediate
discontinuance of the unlawful action, use or condition and the abatement
of the violation. Any owner or person responsible 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.
Any owner or person who violates or refuses to comply with any
of the provisions of this chapter may, upon conviction, be fined a
sum of up to $300 per day, for each offense. Each day, or portion
of a day, that any violation is allowed to continue shall constitute
a separate offense.
There is hereby created a Board of Appeals of five members and
two associate members. As terms expire, the Mayor shall make appointments
in the month of December for a term of office commencing on the following
first day of January, for a term of five years for the five regular
members and for a term of one year for the two associate members,
so that the term of one regular member and the two associate members
shall expire each year. If a vacancy should occur during the course
of the year, the Mayor shall fill such vacancy within 45 days in the
same manner as an original appointment; the appointee shall serve
for the unexpired term remaining for the position. The Administrator
of the Department of Planning and Development or his designee shall
act as an ex officio adviser (sharing all the responsibilities of
a regular Board member except not the voting privilege) to the Board.
The Board of Appeals shall exercise the powers and perform the
duties prescribed for a Board of Appeals under the provisions of MGL
c. 40A and 40B, or any amendments thereto. Any action of such board,
under such sections, shall be in accordance with and subject to the
terms thereof. The Board's powers are as follows:
1.
When designated, to hear and decide applications for special
permits.
3.
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, §§ 7,
8 and 15.
4.
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.
Applications shall be filed in accordance with the rules and
regulations of the Board of Appeals. An application shall not be deemed
complete until all copies of required information and documentation
have been filed with the Board of Appeals.
Special permits and variances may be granted with such reasonable
conditions, safeguards, or limitations on time or use, including performance
guarantees, as the special permit or permit granting authority may
deem necessary to serve the purposes of this chapter.
The Board of Appeals may adopt rules and regulations for the
administration of its powers.
The Board of Appeals may adopt reasonable administrative fees
and technical review fees for applications for special permits, petitions
for variances, administrative appeals, and applications for comprehensive
permits.
An appointed Planning Board of nine members is hereby established.
The Planning Board shall have the following powers:
1.
When designated, to hear and decide applications for special
permits as provided in this chapter, subject to any general or specific
rules therein contained and subject to any appropriate conditions
and safeguards imposed by the Board.
The Planning Board shall adopt rules and regulations not inconsistent
with the provisions of the Zoning Bylaw for conduct of its business
and otherwise carrying out the purposes of said Chapter 40A,[1] and shall file a copy of such rules in the office of the
City Clerk.
[1]
Editor's Note: See MGL c.40A, § 1 et seq.
The Planning Board may adopt reasonable administrative fees
and technical review fees for applications for special permits.
The Planning Board, Zoning Board of Appeals, and the City Council
shall serve as the SPGA when designated in this chapter.
Special permits shall be granted by the special permit granting
authority, unless otherwise specified herein, only upon its written
determination that the proposed use or structure(s) shall not cause
substantial detriment to the neighborhood or the City, taking into
account the characteristics of the site and of the proposal in relation
to that site. In addition to any specific factors that may be set
forth in this chapter, such determination shall include consideration
of each of the following:
1.
Community needs served by the proposal;
2.
Traffic and pedestrian 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; and
6.
Potential fiscal impact, including impact on City services,
tax base, and employment.
Applications shall be filed in accordance with the rules and
regulations of the SPGA. An application shall not be deemed complete
until all copies of required information and documentation have been
filed with the special permit granting authority.
1.
On application for a special permit before the City Council,
the Fire, Building, Health, Water, Police, Wastewater, Engineering,
Planning, School and Conservation Departments, and other organizations
at the selection of the City Council as SPGA, will be requested to
review the special permit and provide comments and recommendations.
If such comments are not received by the hearing date, the SPGA shall
act on the application in the normal manner.
Special permits may be granted with such reasonable conditions,
safeguards, or limitations on time or use, including performance guarantees,
as the SPGA may deem necessary to serve the purposes of this chapter.
An applicant for a special permit shall submit a plan in substantial
conformance with the requirements the SPGA's rules and regulations.
Special permits shall lapse if a substantial use thereof or
construction thereunder has not begun, except for good cause, within
24 months 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 City Clerk.
The SPGA may adopt rules and regulations for the administration
of this section.
The SPGA may adopt reasonable administrative fees and technical
review fees for applications for special permits.
No appeal, application or petition which has been unfavorably
and finally acted upon by the Board of Appeals (City Council, where
applicable) shall be acted favorably upon within two years after the
date of final unfavorable action, unless the Board of Appeals finds
by a vote of 4/5 of its members (the City Council, where applicable,
finds by a vote of 2/3 of its 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 gives written consent
thereto, prior to consideration by the Board of Appeals (City Council,
where applicable), and after public notice as set forth in MGL c.
40A, § 11 is given to parties in interest of the time and
place of the proceedings when the question of such consent will be
considered.
A filing fee in the amount of $150 shall accompany the application
and shall cover the costs for advertising both the City Council and
Planning Board public hearings and processing of the petition.
A Clerk of the Works: Building and a Clerk of the Works: Roadway/Utilities
shall each be required to inspect all multifamily residential developments
requiring approval.
1.
The Clerks shall be considered consultants to the City, each
under a consultant service contract.
1.
The Clerk of the Works: Building shall inspect all building
construction under the direction of the Building Commissioner to ensure
that the construction practices and materials utilized are according
to any special permit and/or definitive plan conditions and local
or state codes. The City shall be reimbursed for the costs of the
Clerk of the Works: Building through permit fees.
2.
The Clerk of the Works: Roadways/Utilities shall inspect all
roadway utilities and drainage construction under the direction of
the City Engineer and the Director of Public Works to ensure the use
of proper construction practices and that materials are utilized according
to any definitive plan and/or permit conditions and local and state
codes. The City shall be reimbursed on a monthly basis by the developer
for the full cost of inspection by the Clerk of the Works: Roadway/Utilities
including the cost of retaining said Clerk during a slack construction
period. An hourly rate for inspections and payments shall be determined
from time to time by the City Council and Mayor.
A minimum of eight weeks and a maximum of 12 weeks prior to
the start of construction, the developer shall notify the City Engineer
of the intended date for commencement of construction. The developer
shall be notified at that time of the hourly rate for inspections
which shall be applicable to the project for the ensuing 12 months.
At the end of each twelve-month period, the rate shall be adjusted
to the then established rate.
The developer shall pay the City the full cost of the Clerk's
inspections for each thirty-day inspection period. The City Engineer,
at the close of each thirty-day period, shall send a written billing
statement to the developer specifying the number of inspection hours
and dollar amount expenses incurred. All amounts shall be due on the
date of billing. Any unpaid amounts shall accrue interest at a rate
of 14% per annum. Accrued interest shall be waived for all billing
statements paid within 30 days following the date of billing.
The developer, at the time of filing with the Planning Board
a request for the release of lots from the approved covenant in consideration
of a proposed method of guaranteeing the construction of roadway and
utilities, shall increase the performance guaranty amount by the cost
of 180 hours of inspection. This amount shall remain on file and shall
not be released until the completion and acceptance by the Board of
all construction covered under the performance guaranty.
In the event that a developer does not request releases from
covenant, he shall deposit with the City Treasurer an amount equal
to 180 hours of inspection to remain on file until the completion
of all roadway/utility work necessary to service those lots for which
building permits have been issued. This amount shall be returned to
the developer upon completion and acceptance by the Board of the required
construction.
The City Treasurer shall provide written acknowledgment to the
City Engineer and Planning Board upon receipt of any deposit/payment
by a developer.
A developer's failure to deposit/pay the required inspection
costs shall cause outstanding building permits to be suspended, and
no new permits or revocation of any suspended permit shall be issued
until the account is brought up to date.
Under the FHA, it is a discriminatory practice to refuse to
make "a reasonable accommodation in rules, policies, practices, or
services when such accommodation may be necessary to afford [a handicapped]
person equal opportunity to use and enjoy a dwelling" [42 U.S.C. § 3604(f)(3)(B)].
The same standard applies under the ADA, which also addresses nonresidential
facilities providing services to persons with disabilities [42 U.S.C.
12112(b)(5)]. The purpose of this section is to facilitate housing
and/or services for persons with disabilities and to comply fully
with the spirit and the letter of the FHA and, where applicable, the
ADA.
Any person eligible under the FHA or any provider of housing
to persons eligible under the FHA, or any person eligible to operate
a nonresidential facility providing services to persons eligible under
the ADA, may request a reasonable accommodation as provided by the
Fair Housing Act and/or the ADA. A request for a reasonable accommodation
does not affect a person's or provider's obligations to act in compliance
with other applicable laws and regulations not at issue in the requested
accommodation.
All requests for reasonable accommodation under the FHA and/or
the ADA shall be submitted to the Zoning Board of Appeals (ZBA).
All requests for reasonable accommodation shall be in writing
and provide, at a minimum, the following information:
1.
Name and address of person(s) or entity requesting accommodation;
2.
Name and address of property owner;
3.
Name and address of dwelling or facility at which accommodation
is requested;
4.
Description of the requested accommodation and specific regulation
or regulations for which accommodation is sought;
5.
Reason that the requested accommodation may be necessary for
the person or persons with disabilities to use and enjoy the premises;
and
6.
If the requested accommodation relates to the number of persons
allowed to occupy a dwelling, the anticipated number of residents,
including facility staff (if any).
7.
If necessary to reach a decision on the request for reasonable
accommodation, the ZBA may request further information from the applicant
consistent with the FHA and/or ADA, specifying in detail the information
required.
The ZBA shall hold a public hearing using the procedures, including
notice, set forth in MGL c. 40A, §§ 11 and 15. The
deadlines imposed in MGL c. 40A, § 11 or § 15
may be extended upon the request of the applicant and the approval
of the ZBA. The ZBA may seek information from other City agencies
in assessing the impact of the requested accommodation on the rules,
policies, and procedures of the City. Upon written notice to the ZBA,
an applicant for a reasonable accommodation may withdraw the request
without prejudice. The ZBA shall consider the following criteria when
deciding whether a request for accommodation is reasonable:
2.
The ZBA shall issue a written final decision on the request
in accordance with MGL c. 40A, § 15. If the ZBA fails to
render its decision on a request for reasonable accommodation within
the time allotted by MGL c. 40A, § 15, the request shall
be deemed granted. The ZBA's decision shall be filed with the City
Clerk and sent to the applicant by certified mail.
The ZBA's decision pursuant to this section may be appealed
to a court of competent jurisdiction in accordance with MGL c. 40A,
§ 17 or otherwise.
The ZBA shall maintain a file of all requests for reasonable
accommodation under the FHA and/or the ADA and a file of all decisions
made on such requests. The file(s) may be reviewed in the Office of
the ZBA upon request during regular business hours.
While a request for reasonable accommodation is pending, all
laws and regulations otherwise applicable to the premises that is
the subject of the request shall remain in full force and effect.
The provisions of this section shall apply only to requests
for reasonable accommodation made after _____, 2017.[1] Any person who has previously submitted a request for
reasonable accommodation may resubmit the request for processing pursuant
to the procedures set forth in this section.
[1]
Editor's Note: So in original.
The purpose of this section is to provide for site plan review
of Table 1: Table of Use and Parking Regulations, Uses B.3, B4, and
B.5, which are otherwise "exempt" pursuant to G.L. c. 40A, § 3.[1]
[1]
Editor's Note: Appendix A, Table 1: Table of Use Regulations, is included as an attachment to this chapter.
Prior to the issuance of any building permit or certificate
of occupancy, the establishment, alteration, change, extension, or
reconstruction of Uses B.3, B.4, or B.5, as set forth in Table 1:
Table of Use and Parking Regulations, shall require site plan approval
from the Planning Board pursuant to this section.
Under this section, Site Plan Review shall be limited to two
inquiries:
All applications for Site Plan Review shall be in writing and
provide, at a minimum, the following information:
1.
Name and address of applicant person or entity;
2.
Name and address of property owner;
3.
Description of the proposed use and any documents necessary
to establish threshold compliance with MGL c. 40A, § 3;
4.
Reason that relief is requested from otherwise applicable zoning
requirements;
5.
If necessary to reach a decision on the application, the Planning
Board may request further information from the applicant consistent
with MGL c. 40A, § 3, specifying in detail the information
required.
In addition, the applicant shall submit a site plan with the
following information:
1.
Legend depicting all pertinent existing and proposed site features.
2.
The date and north arrow shall be shown on the plans.
3.
All site plans must be stamped by a registered professional
civil engineer and a professional land surveyor. The land surveyor
shall perform an instrument boundary survey and shall certify the
accuracy of the locations of the buildings, setbacks, and all other
required dimensions to property lines.
4.
Zoning chart depicting "required" vs. "provided" for all applicable
Zoning criteria including lot size, frontage, setbacks, building height,
lot coverage, parking spaces, landscaping requirements.
5.
Locus map, at a scale of one inch equals 600 feet or suitable
scale to accurately locate the site in Town, oriented on the plan
in the same way as the large-scale plan.
6.
The location, width, status (public or private), and name of
all streets within 100 feet of the project.
7.
On-Site and Abutting Lot Lines. On-site lot lines shall be described
by bearings and distance. Abutting lot lines shall be shown in a general
way.
8.
Zoning district lines, including overlay districts if applicable.
9.
The location of existing or proposed building(s) on the lot
shall be shown with total square footage and dimensions of all buildings.
10.
Any streams, brooks, or wetland resource area boundaries within
100 feet of the property lines.
11.
Information on the location, size and type and number of existing
and proposed landscape features.
12.
Information on the location, size and capacity of existing and
proposed on-site and abutting utilities, (water, sewer, drainage,
natural gas, electrical cable, etc.) including utilities in abutting
side streets, if applicable.
13.
Detailed locations and dimensions of all existing and proposed
buildings and uses on site and on abutting properties, including exterior
details relating to the building footprint. All existing and proposed
setbacks from property lines. Any minimum, or below minimum, setback
distances shall be clearly noted as such on the plan.
14.
Information and details for all site and directional on-site
signage shall be submitted.
15.
Elevation and facade treatment plans of all proposed structures.
Color renderings are required for new construction.
16.
Information on the location, size and type of parking, loading,
storage and service areas. A parking calculation schedule noting existing,
required and proposed spaces for the entire site shall be provided.
17.
Details and specifications (if applicable) for proposed site
amenities, including, but not limited to, fences, recreation facilities,
walls or other barrier materials; and special paving materials.
The Planning Board may approve, approve with conditions, or
deny an application for site plan approval. In making its decision,
the Board shall be guided exclusively by MGL c. 40A, § 3.
The Board shall file a written decision with the Town Clerk within
90 days of receipt of the application. Failure to file a decision
within 90 days shall constitute approval of the site plan.
Any appeal of the Planning Board's decision shall be made pursuant
to MGL c. 40A, s. 17, to a court of competent jurisdiction.
