(a)
This Zoning Ordinance shall be enforced
by the Zoning Enforcement Officer. Whenever the provisions of this
Zoning Ordinance are not clear, the Zoning Enforcement Officer or
the Inspector of Buildings is authorized and directed to submit the
matter to the Planning Board for the expression of its opinion. A
decision shall not be made by the Inspector of Buildings or Zoning
Enforcement Officer until the Planning Board has allowed 30 days to
elapse without rendering an opinion or has rendered the requested
opinion, whichever is earlier.
(b)
If the Zoning Enforcement Officer
shall be informed, or have reason to believe, that any provision of
this Zoning Ordinance has been, is being, or may be violated, he or
is agent shall investigate the facts and inspect the property in question.
If he or she shall find such violation he or she shall give notice
thereof in writing to the owner or to his duly authorized agent and
to the occupant of the premises, and order that any use of any building
or premises contrary to the provision of this Zoning Ordinance shall
immediately cease.
(c)
If the Zoning Enforcement Officer
is requested in writing to enforce any provision of the Zoning Ordinance
against any person allegedly in violation of the same and the Zoning
Enforcement Officer declines to act, he or she shall notify, in writing,
the party requesting such enforcement of any action or refusal to
act, and the reasons therefore, within 14 days of receipt of such
request.
(d)
Penalty for non-compliance with any
lawful order of the Zoning Enforcement Officer pertaining to the Zoning
Ordinance shall be punished by a fine, to be determined by the Zoning
Enforcement Officer, of not less than $100 nor more than $300 per
violation; provided that nothing herein shall be construed to prohibit
a determination by the Zoning Enforcement Officer that each day such
violation continues shall constitute a separate offense.
(a)
The Inspector of Buildings shall
not issue a building permit for the erection or alteration of any
building or part thereof unless the plans, specifications and intended
uses of such building, lot and open spaces on the lot are in all respects
in conformity with this Zoning Ordinance and have been approved by
the Zoning Enforcement Officer. Where special permits or variances
are required under this Zoning Ordinance, the Inspector of Buildings
shall not issue a building permit until so directed in writing by
the Board of Appeals.
(b)
Applications for building permits
shall be accompanied by a plan of the lot in duplicate, and certified
by a registered land surveyor showing the actual dimensions of the
lot and the exact location and size of the buildings already upon
the lot, of any structures within eight feet of the line on the adjoining
lot, and of the building or structure to be erected, altered or moved,
together with the streets, and alleys and easements on and adjacent
to the lot and such other information as the location and dimensions
of required parking as may be required for the enforcement of this
Zoning Ordinance. The lot corners and bounds shall be indicated by
such stakes and bounds as shall be required by the Inspector of Buildings.
(a)
No premises, building or structure,
altered or in any way changed as to construction, use, or number of
dwelling units under a building permit or otherwise, shall be occupied
or used without an occupancy permit signed by the Inspector of Buildings,
which permit shall not be issued until the buildings, structure, or
premises and its uses comply in all respects with this Zoning Ordinance
and have been approved by the Zoning Enforcement Officer.
(b)
A temporary occupancy permit may
be issued in appropriate cases.
No Special Permit, Variance or Building
Permit for construction, exterior alteration, relocation, or change
in use, except where noted, shall be granted for any use requiring
Site Plan Review under § 5.01 until the provisions of this
section have been fulfilled and an application is approved by the
Special Permit Granting Authority. Uses for which Site Plan Review
is required are designated by an SR ("Site Plan Review") or SP/SR
("Special Permit with Site Plan Review" in § 5.01, Table
of Use Regulations. Site Plan Review shall be used to judge the appropriateness
and impacts of the site development characteristics of a proposed
development. All proposed developments subject to § 9.03
shall conform with all appropriate provisions of this Zoning Ordinance.
(a)
A Petitioner using the Site Plan Review checklist available in the Department of Community Development & Planning (DCDP), shall complete packets, to be included as part of the preliminary and formal application, which include all necessary plans and a statement responding to the Site Plan Review standards set forth in subsection (c) below. Complete packets for the preliminary meeting will be hand delivered prior to the submission deadline, with three copies of the preliminary site plan packet for the proposed development submitted to the DCDP; and, one copy each submitted to Conservation and Preservation Agent, Inspector of Buildings, Zoning Enforcement Officer, Superintendent of Public Works, Chief Fire Inspector, Chief of Police, Health Department, Commission on Disabilities, Bicycle and Pedestrian Committee, Watertown Housing Partnership,[1] Assessor's Department, and, when appropriate, other entities
as identified by the Director of DCDP.
Unless waived by the Director of
Community Development & Planning because of development scale,
said site plan shall be at a scale of 1"=10' or 1"=20'. Vertical scale
shall be at 1/8"=1' or 1/4"=1'. Said site plan shall show, among other
things, all existing and proposed building structures, existing and
proposed grades, automobile and bicycle parking spaces, driveway openings,
service areas, open space and other uses, site engineering and all
facilities for water, drainage, sewage, refuse, and landscape features
(such as fences, walls, planting areas, type, size and location of
planting materials, methods to be employed for screening, and walks),
fire suppression and access detail, preliminary traffic counts and
assessment, schematic elevations at the above scales, the location
of any wetlands within 150 feet, other information as required in
§ 9.01(b).
Development in the NB, LB, CB, I-1,
I-2, I-3, RMUD, and PSCD Districts greater than or equal to 10,000
gross square feet or containing 10 or more residential units shall
complete a Solar Energy System Assessment, as required under Section
8.05. The Petitioner shall indicate, in writing, what actions/outcomes
will be taken with a copy of the assessment, to DCDP.
(b)
The Planning Board shall hold a hearing on the proposal to examine the standards set forth in subsection (c) below as part of the formal application process. Prior to said hearing, a Preliminary Developer's Conference shall be held with representatives of the developer and City Departments and Committees listed in subsection (a) above, to determine and discuss questions, impacts, potential problems, etc., with said site plan, and to provide guidance to the developers in completing the formal application and site plan submission. Each department shall submit an analysis of the formal application and site plan to the Director of DCDP within 30 days.
For projects with four or greater
residential units, or for non-residential projects with 10,000 square
feet of new development or greater, the Petitioner will conduct a
public information meeting no less than 10 days prior to submission
for Planning Board or Zoning Board of Appeals approval. The meeting
will provide an opportunity for the public to understand and comment
on the specifics of the project, the details of such project shall
be made available to the public, through submission to the Department
of Community Development & Planning, no less than 14 days prior
to the public information meeting. The Petitioner shall coordinate
planning this meeting with the Department of Community Development
& Planning and the City Councilor who represents the district
where the project would be built. The meeting shall be announced by
the Petitioner no less than two weeks prior to the meeting. The required
advertising by the Petitioner shall include a notice distributed to
abutters and abutters to abutters within 300' of the site. Upon confirmation
of the meeting time and place with the Department of Community Development
and Planning, said Department will also announce the meeting by posting
an announcement on the City website, with the City Council and using
the City Email notification system. Within one week of the meeting,
the Petitioner shall submit a summary of what was discussed at the
meeting to the Department of Community Development & Planning.
At the discretion of the Director of Community Development & Planning,
a second public information meeting may be required in instances of
large projects with a community impact, or a project with circumstances
that would necessitate a second meeting.
No application shall be complete, shall be accepted by the Director of DCDP, nor be submitted to the Planning Board for consideration unless and until all information specified in § 9.03(a) is submitted in a form deemed to be sufficient and complete by the Director of DCDP, and until reports on the application are received from all relevant City Departments and Committees as defined in subsection (a) above; provided, however, that if a department fails to provide such analysis within said 15 day period, the DCDP's review shall proceed without the report of such department, and the Director of DCDP may determine such application to be complete notwithstanding the failure of such department to submit its report. Said reports shall be incorporated into the submission to the Planning Board.
(c)
The Planning Board shall review the
formal application and site plan and then prepare a written report
on the proposal considering, among other things, the ten criteria
listed below. When a proposal requires a Variance or Special Permit
with Site Plan Review in accordance with § 5.01 and the
Board of Appeals is the SPGA, this report of the Planning Board shall
be submitted to the Board of Appeals in accordance with the provisions
set forth below. The Board of Appeals shall not grant the Special
Permit or Variance until this report has been submitted. When a proposal
requires a Special Permit with Site Plan Review and the Planning Board
is the SPGA or when a proposal only requires Site Plan Review in accordance
with § 5.01, the Planning Board shall make a final determination
as to whether that proposal sufficiently meets the criteria listed
below and whether the proposal shall be approved. Revisions to any
site plan must be approved in the same manner as the original plan.
1.
Landscape: The landscape shall be
preserved in its natural state, insofar as practicable, by minimizing
tree and soil removal, and any grade changes shall be in keeping with
the general appearance of neighboring developed areas. Adequate landscaping
shall also be provided, including screening of adjacent residential
uses, provision of street trees, landscape islands in the parking
lot and a landscape buffer along the street frontage.
2.
Relation of Buildings to Environment:
Proposed development shall be integrated into the terrain and the
use, scale and architecture of existing buildings in the vicinity
and shall be in accordance with the Comprehensive Plan or other plans
adopted by the City guiding future development. The Planning Board
may require a modification in massing so as to reduce the effect of
shadows on abutting property in all districts or on public open space.
3.
Open Space: All open space required
by this Zoning Ordinance shall be so designed as to maximize its visibility
for persons passing the site, encourage social interaction, maximize
its utility, and facilitate its maintenance.
4.
Circulation: Special attention shall
be given to traffic circulation, parking areas and access points to
public streets and community facilities in order to maximize convenience
and safety of vehicular, bicycle and pedestrian movement within the
site and in relation to adjacent streets. Special consideration shall
be given to infrastructure and design that will enhance public transit,
such as bus shelters, on-site transportation demand management measures,
and participation in a Transit Management Association.
5.
Surface Water Drainage: Special attention
shall be given to proper site surface drainage so that removal of
surface waters will not adversely affect neighboring properties or
the public storm drainage system. Proposed developments shall seek
to retain storm water runoff on site to the maximum extent possible,
incorporating best practices in storm water management and Low Impact
Design techniques. In cases where storm water cannot be retained on
site, storm water shall be removed from all roofs, canopies and paved
areas and carried away in an underground drainage system.
6.
Utility Service: Electric, telephone,
cable TV and other such lines and equipment shall be underground.
The proposed method of sanitary sewage disposal and solid waste disposal
from all buildings shall be indicated.
7.
Environmental Sustainability: Proposed
developments shall seek to diminish the heat island effect; employ
passive solar techniques and design to maximize southern exposures,
building materials, and shading; utilize energy-efficient technology
and renewable energy resources; and minimize water use.
All new developments requiring Site
Plan Review in the NB, LB, CB, I-1, I-2, I-3, RMUD, and PSCD Districts
must meet LEED Silver Certifiable requirements as outlined by the
United States Green Building Council's Leadership in Energy and Environmental
Design (current edition as applicable) as a minimum. Design documentation
shall be provided by the Petitioner to the City to verify that the
project could achieve the minimum number of LEED points to achieve
certification. Such documentation may include but not be limited to
a project narrative describing how the project design intends to achieve
selected LEED credits, and a LEED checklist with criteria (or points)
which shows the project will achieve a minimum of 50 points.
8.
Screening: Screening, such as screen
plantings, shall be provided for exposed storage areas, exposed machinery
installations, service areas, truck loading areas, utility buildings
and structures, and similar accessory areas and structures in order
to prevent their being incongruous with the existing or contemplated
environment and the surrounding properties.
9.
Safety: With respect to personal
safety, all open and enclosed spaces shall be designed to facilitate
building evacuation and maximize accessibility by fire, police, and
other emergency personnel and equipment.
10.
Design: Proposed developments shall
seek to protect abutting properties from detrimental site characteristics
resulting from the proposed use, including but not limited to air
and water pollution, noise, odor, heat, flood, dust vibration, lights
or visually offensive structures or site features.
(d)
Design Guidelines.
1.
For projects with between four and
nine residential units, and for any non-residential or Mixed-Use project
between 4,000 square feet and up and up to 10,000 square feet, Watertown's
adopted Design Guidelines will be considered as part of the Site Plan
Review/Special Permit review.
2.
For projects with 10 or greater residential
units, or for non-residential projects with 10,000 square feet of
new development or greater, or any Mixed-Use project, the Petitioner's/Developer's
proposed project shall be subject to a formal consultant design review
according to Watertown's adopted Design Guidelines.
Prior to submittal for Board review,
any project as defined in (d)(2) shall undergo a formal design review
subject to Watertown's most current adopted Design Guidelines. The
review will be conducted with representatives of the Petitioner/Developer,
the DCDP staff, and Watertown's Design Consultant to determine and
discuss the proposed project's conformance to the most current adopted
Design Guidelines.
Within 14 calendar days of the design
review, Watertown's Design Consultant will submit to the Director
of DCDP or his/her designee a written report analyzing the proposed
project's conformance with Watertown's most current adopted Design
Guidelines.
The Petitioner/Developer may, in
consultation with the Director of DCDP, have his/her proposed project
undergo a second design review with the City of Watertown's Design
Consultant after completion of the required public information session
noted above.
Petitioners/developers for projects
subject to review under Watertown's most current adopted Design Guidelines
shall, in accordance with Chapter 44 of the Massachusetts General
Laws, Section 53(G) and in accordance with § 5.2 of the
Zoning Board of Appeals Rules of Practice, be required to make payment
to Watertown's Design Review Fund to compensate the Design Consultant.
The base payment into the Design Review Fund shall be a not to exceed
amount of $10,000 as determined by the Director of DCDP. Funds collected
in the Design Review Fund shall be used to pay for the services of
Watertown's Design Consultant for the Petitioner's/developer's proposed
project. Any funds not expended for this purpose at the conclusion
of Watertown's review of the proposed project shall be returned to
the Petitioner/Developer.
(a)
Each application for a special permit or variance shall be on forms supplied by the Board of Appeals and shall be filed in triplicate with the City Clerk who shall transmit one copy to the Zoning Enforcement Officer, the Planning Board, and the Board of Appeals respectively within three days of receipt of them (Saturdays, Sundays and legal holidays excluded). Each application for a variance shall also include the written statement required by § 9.14(b) demonstrating that the conditions of a grant of a variance under Chapter 40A, Section 10 of the General Laws of Massachusetts are met. Where any application for a special permit or variance requires site plan review under § 9.03, the restrictions on filing and hearing provided in subsection (b) below shall govern the time when the application may be accepted for filing by the City Clerk or scheduled for public hearing by the Board of Appeals.
(b)
Where an application for a special
permit or variance requires site plan review under § 9.03,
the application may be filed any time after a complete set of site
plan materials under § 9.03(a) has been submitted to the
Planning Board.
(c)
Prior to the public hearing of the
Zoning Board of Appeals as provided in § 9.04(d), the Planning
Board shall hold a public hearing and transmit to the Board of Appeals
a report based, among other things, on the conditions set forth in
§ 9.05 in the case of an application for a special permit,
or in § 9.14(b) in the case of an application for a variance,
and, in the case of an application requiring site plan review, based
also on the conditions set forth in § 9.03(c), accompanied
by such materials, maps or plans as will aid the Board of Appeals
in judging the application and in determining special conditions and
safeguards. The Board of Appeals shall not render any decision on
an application for a special permit or variance before one of the
following has taken place:
(d)
The Board of Appeals shall, at the
expense of the applicant, give public notice of the application in
the manner provided in Chapter 40A, Section 9 and Section 11 of the
General Laws, which requires, among other things, publication of a
notice of a hearing not less than 14 days prior to the date of the
hearing in a newspaper of general circulation in Watertown, and by
posting such notices in a conspicuous place in the City for a period
of not less than fourteen days before the day of such hearing, and
by mail to all interested parties, according to Chapter 40A, Section
9.
Public hearings shall be held within
65 days after the filing of an application.
(e)
In the case of an application for
a special permit, the decision of the Board of Appeals must be made
within the deadline described in § 9.05(c). In the case
of an application for a variance, the Board of Appeals decision must
be made within the deadline described in § 9.15(e). Failure
to take final action within the appropriate time limit shall be deemed
to be a grant of the application. The Board of Appeals shall cause
to be made a detailed record of its proceedings showing the vote of
each member upon each question, or if absent or failing to vote, indicating
such fact, and setting forth clearly the reason or reasons for its
decisions, and of its other official actions, copies of all which
shall be filed within 14 days in the office of the City Clerk and
in the office of the Planning Board and shall be mailed forthwith
to parties of interest, as designated in Section 11 of Chapter 40A,
and to each person present at the hearing who requests that notice
be sent to him and states the address to which notice is to be sent.
(f)
The period within which final action
shall be taken may be extended in writing for a definite period by
mutual consent of the Board of Appeals and the applicant, provided
that such written agreement is recorded with the City Clerk. In the
event the Board of Appeals determines that the evidence presented
to it at the public hearing is inadequate to permit the Board to make
a necessary finding or determination, or to permit the Planning Board
the proper amount of time to conduct site plan review or file its
report, instead of denying the application the Board may, in its discretion,
adjourn the hearing to a later date to permit the applicant to submit
additional evidence or the Planning Board additional time to file
its report, provided however, that such adjournment shall not extend
the applicable deadlines for final action by the Board unless the
deadline is extended to a day certain by mutual consent of the Board
and the applicant.
(a)
A special permit shall be required
for all uses and for all exceptions to dimensional regulations which
are designated in this Zoning Ordinance as requiring a special permit
before the Inspector of Buildings may issue a building permit or occupancy
permit.
(b)
The Board of Appeals shall not approve
any such application unless it finds that in its judgment all of the
following conditions are met:
(1)
The specific site is an appropriate
location for such a use, structure or condition;
(2)
The use as developed will not adversely
affect the neighborhood;
(3)
There will be no nuisance or serious
hazard to vehicles or pedestrians;
(4)
Adequate and appropriate facilities
will be provided for the proper operation of the proposed use.
(c)
The decision of the Board of Appeals
must be made within 90 days following the public hearing. Failure
to take final action within said 90 days shall be deemed to be a grant
of the special permit unless the deadline is extended in accordance
with § 9.04(f).
(a)
Applicability: In addition to the
conditions described in § 9.03, 9.04 and 9.05 special permits
for increased intensity of use above an FAR of 1.0 in the I-1 and
I-2 districts shall also be subject to the conditions set forth in
this section as applicable.
(b)
Open Space Requirements: Applicants
in the I-1 and I-2 Districts shall show that designs have been prepared
indicating that a percentage of the total site area has been set aside
for open space. The method of calculating the required open space
shall be as follows: The minimum open space requirement shall be between
20% and 40% of the total site area, depending on the FAR of the project;
the minimum open space requirements shall increase on a directly proportional
basis from FAR of 1.0 to FAR of 2.0. For example, a proposed project
with an FAR of 1.5 shall be required to have 30% of the total site
area as open space. For the purposes of this special permit no more
than 50% of the wetlands located on the site can be calculated as
part of the required open space. However, projects with a total lot
area of 10,000 square feet or less shall be exempted from the open
space requirements of this § 9.06(b).
(c)
Traffic Safety and Infrastructure
Maintenance Fund: Applicants for a special permit for increase intensity
of use in the I-1 and I-2 districts shall be required to make a payment
into the Traffic Safety and Infrastructure Maintenance Fund if the
Planning Board determines that the boundaries of the proposed project
are within a half mile radius of an intersection in Watertown with
a preexisting level of service (LOS) of D or lower that accommodates
at least 300 vehicles during either the A.M. or P.M. peak hour. For
the purposes of this section, LOS shall be defined by the National
Transportation Research Board, Highway Capacity Manual (current and
future applicable additions); The LOS shall be measured at the 50th
highest design hour (DHVSO) at relevant intersections.
If a finding is made by the Planning
Board that the proposed project is within a half mile radius of an
intersection with an LOS of D or below and consistent with the other
criteria cited above, the Planning Board may grant a special permit
for increased intensity of use and shall require the applicant to
make a payment into the Traffic Safety and Infrastructure Maintenance
Fund. Said payment shall be required only for that portion of the
project that exceeds the FAR of 1.0.
The rate of contribution shall be
$5 per square foot of applicable gross floor area. Funds contributed
by an applicant for a special permit shall be spent on City services
related to the proposed development and/or in the immediate geographical
area which is most directly impacted by the proposed project, said
services shall include, but shall not be limited to, land takings
for public right of way improvements; road widenings; reconfiguration
of intersections, access lanes, traffic islands; and similar improvements.
Payments into the Fund shall be made
in accordance with a schedule approved by the Planning Board: The
amount of the initial payment shall be determined by the Planning
Board at the time of the granting of the Special Permit, but shall
not exceed one-third of the total payment. At the time of the granting
of the special permit the applicant shall provide an irrevocable letter
of credit for the balance. If the applicant fails to make any scheduled
payments, the Planning Board may draw upon the Letter of Credit. The
entire amount shall be paid prior to the issuance of the permanent
occupancy permit. If the permanent occupancy permit is never issued,
all amounts, together with any accrued interest thereon, shall be
returned to the applicant. The applicant may, at any time, make a
lump sum payment of the entire required payment. All payments made
into the Fund shall be expended within a 10 year period and in accordance
with the criteria established in this subsection. Funds unexpended
after 10 years shall be returned to the applicant or assignees with
all accrued interest.
(d)
Residential Use and Hotel Use. In
the I-2 zone applicants for a special permit for an increased intensity
of use shall be permitted to include residential uses on floors above
the ground floor if said residential use has separate and distinct
points of access from all other uses and that said residential use
does not comprise more than 25% of the gross floor area of the building,
excluding all space below grade.
(a)
Commercial Uses: Applicants for a
special permit for mixed-use development in the I-3 district shall
be permitted to use up to 20% of the total gross floor area for general
retail or service purposes, provided, however, that no rive-in facility
of any kind is permitted. The commercial space shall be limited to
the first floor but may be located in one or more buildings located
on the Lot.
(b)
Open Space Requirements: For special
permit projects on lots less than 20,000 square feet, the open space
requirements of the R.75 district shall apply; for projects between
20,000 and 80,000 square feet, the requirements of the R1.2 district
shall apply and for projects over 80,000 square feet, the requirements
of the R1.2 district shall also apply, subject to the provisions of
§ 5.05(h). Also, for purposes of this special permit, no
more than 50% of the wetlands located on the site may be calculated
as part of the required open space.
(c)
Density Requirements: Parcels less
than 20,000 square feet may have a maximum FAR of 0.75; parcels between
20,000 and 80,000 square feet may have a maximum FAR of 1.2; and parcels
over 80,000 square feet may have a maximum FAR of 2.0.
(d)
Minimum Setbacks: For special permit
projects on lots less than 20,000 square feet, the setback requirements
of the R.75 district shall apply; for lots between 20,000 and 80,000
square feet the setbacks of the R1.2 district shall apply; for lots
over 80,000 square feet the setbacks of the I-1 district shall apply,
except that the front yard setback shall not be less than 10 feet
or more than 40 feet and that only drop off, delivery, handicapped
or emergency service parking spaces may be provided in the front of
the building. Further, the first 10 feet of the required setback from
the public right of way into the lot shall be landscaped with plant
materials.
(e)
Mixed use Development: For developments
containing commercial uses open to the public and in accordance with
§ 9.07(a) the minimum setbacks shall be consistent with
the setbacks required in the I-1 District, except that the front yard
setback shall not be less than 10 feet as set forth in § 5.04(s).
A Mixed Use development project that
has received a Special Permit pursuant to § 5.01(1)(k)(2)
may be constructed in accordance with the dimensions, or variations
there from, allowed by § 5.05(f) without obtaining a separate
Special Permit under § 5.05(f).
In approving a special permit, the
Board of Appeals may attach such conditions and safeguards as are
deemed necessary to protect the district and the City. No such limited
or conditional special permit shall take effect until such notice
is recorded in the Middlesex South Registry of Deeds. Said conditions
and safeguards shall also be made part of the building permit. They
may include but are not limited to the following:
(a)
Requirement of street, side or rear
yards greater than the minimum required by this Zoning Ordinance.
(b)
Requirement of screening of parking
areas or other parts of the premises from adjoining premises or from
the street, by walls, fences, planting or other devices as specified
by the Board of Appeals;
(c)
Modification of the exterior features
or appearances of the structure;
(d)
Limitation of size, number of occupants,
method or time of operation, or extent of facilities;
(e)
Regulation of number, design and
location of access drives or other traffic features;
(f)
Requirement of off-street parking
or other special features beyond the minimum required by this Zoning
Ordinance or other applicable Ordinances.
The Board of Appeals may, after a
hearing and proof of violation of any limitations or conditions in
the special permit or any misuse of the terms of the permit, withdraw
the same, after which the use shall be discontinued.
(a)
The Board of Appeals may authorize
issuance of permits, subject to proper conditions to protect the district
for temporary structures and uses for development purposes.
(b)
No such permit shall be for more
than an one-year period, subject to renewal as needed for the special
purposes.
(c)
Upon expiration of such permit, the
structure shall be removed and the use cease.
In the case of two or more buildings
on one site designed and intended to remain under the same ownership
and management, the Board of Appeals may, after examination of the
standards listed in § 9.03(c), grant a special permit as
provided in § 9.04 approving the site plan so long as it
is demonstrated that the design will result in standards of light,
air, safety or circulation and amenity, both on the site and in the
neighborhood, which are no lower than would result from the application
of required dimensional and parking standards to each building separately.
A special permit granted under § 9.04
shall lapse one year from the grant thereof if substantial use thereof
has not sooner commenced except for good cause, or, in the case of
a permit for construction, if the construction has not begun by such
date except for good cause.
(a)
Where a building or occupancy permit
is not applied for or is refused because of nonconformance to the
terms of this Ordinance, the applicant may apply or appeal to the
Board of Appeals for the authorization of a variance, subject to the
provisions of § 9.15 of this Zoning Ordinance.
(b)
Each application or appeal for a
variance from the specific terms of this Zoning Ordinance shall include
a written statement justifying the appeal on the basis that all of
the following conditions are met, as required by Chapter 40A, Section
10 of the General Laws of Massachusetts.
(1)
The variance is sought because of
circumstances relating to the soil conditions, shape, or topography
of such land or structures, and especially affecting such land or
structures but not affecting generally the zoning district in which
it is located.
(2)
Literal enforcement of the Zoning
Ordinance would involve a substantial hardship, financial or other,
to the appellant.
(3)
Desirable relief may be granted without
substantial detriment to the public good.
(4)
Desirable relief may be granted without
nullifying or substantially derogating from the intent of this Zoning
Ordinance.
(a)
Before a variance may be authorized,
the Board of Appeals shall, as required by Chapter 40A, Section 10
of the General Laws of Massachusetts, find that all of the conditions
of said section, as summarized in § 9.14(b) of this Zoning
Ordinance have been met.
(b)
The Board of Appeals shall impose
such limitations on time and use or such other conditions as it may
deem desirable to protect the public interest and to ensure that the
variance granted is not greater in degree or duration than is justified
by the hardship to be relieved.
The Board of Appeals shall not impose
conditions, 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.
(c)
The Board of Appeals shall record
its findings regarding each of the conditions in Paragraphs (a) and
(b) of this § 9.15.
(d)
Variances granted prior to the effective
date of any provision of this Zoning Ordinance but limited in time
may be extended on the same terms and conditions that were in effect
for such variance upon said effective date.
(e)
The decision of the Board of Appeals
shall be made within 100 days after the date of filing with the City
Clerk of an application for a variance. Failure of the Board of Appeals
to act within 100 days shall be deemed to be a grant of the petition,
unless the deadline is extended in accordance with § 9.04(f).
If the rights authorized by a variance
are not exercised within one year of the date of grant of such variance
they shall lapse and may not be re-established except after notice
and a new hearing under § 9.04.
No variance or special permit, or
any extension or notification or renewal thereof, shall take effect
until a copy of the decision bearing the certification of the City
Clerk that 20 days have elapsed and no appeal has been filed or that
if such appeal has been filed, that it has been dismissed or denied,
is recorded in the registry of deeds for the southern district of
Middlesex County and indexed in the grantor index under the name of
the owner of record or is recorded and noted on the owner's certificate
of title.
(a)
Any application for a variance or
special permit which has been transmitted to the Board of Appeals
may be withdrawn by the petitioner without prejudice prior to the
publication of notice of a public hearing thereon, but thereafter
may be withdrawn without prejudice only with the approval of the Board
of Appeals.
(b)
No application for a special permit
or a variance which has been unfavorably acted on by the Board of
Appeals shall be reconsidered on its merits within two years of such
action, unless the Board of Appeals finds, by an affirmative vote
of four of its five members, specific and material changes in the
conditions upon which previous unfavorable action was based, and describes
such changes in the records 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 proceedings
when the question of such consent will be considered.
(a)
Any person aggrieved by the order
or decision of the Inspector of Buildings or the Zoning Enforcement
Officer may appeal to the Board of Appeals under the provisions of
Chapter 40A, Sections 8, 13, 15, 16, and 17 and amendments thereto
of the General Laws.
(b)
Any person aggrieved by a decision
of the Board of Appeals or of any municipal officer or board, may
appeal to the Superior Court within 20 days after the decision has
been filed in the office of the City Clerk under the provisions of
Chapter 40A, § 17 of the General Laws of Massachusetts.
(a)
This Zoning Ordinance may be amended
from time to time by vote of the City Council in accordance with the
provisions of Chapter 40A, § 5 of the General Laws of Massachusetts.
(b)
The City Council shall within 14
days of receipt of such proposed Zoning Ordinance submit it to the
Planning Board for review.
(c)
No amendment to this Zoning Ordinance
shall be adopted until after the Planning Board has held a public
hearing thereon and has submitted a final report with its recommendations
to the City Council or until 21 days shall have elapsed after such
hearing without the submission of such a report.
(d)
Construction or operations under
a building permit or special permit shall conform to any subsequent
amendment of this Zoning Ordinance unless the use or construction
is commenced within six months after the issuance of the permit and
in cases involving construction is continued through to completion
as continuously and expeditiously as is reasonable.
(e)
Except as provided in Chapter 40A, Section 6, of the General Laws of Massachusetts amendments to this Zoning Ordinance shall not apply to structures or uses lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing on such ordinance required by Article IX, but shall apply to any change or substantial extension of such a use, to a building or special permit issued after the first notice of said public hearing, to any reconstruction, extension, or structural change of such structure and to any alteration of structure begun after the first notice of said public hearing to provide for its use for a substantially greater extent except where alteration, reconstruction, extension or structural change to a single or two-family residential structure does not increase the nonconforming nature or said structure.
(a)
It shall be the duty of the Planning
Board to hold public hearings on any proposed amendments to this Zoning
Ordinance within 65 days after the proposed zoning amendment is submitted
to the Planning Board by the City Council.
(b)
Adoption or change of any provision
of the Zoning Ordinance may be initiated by submission to the City
Council of a proposed amendment to the Zoning Ordinance by the City
Council, Board of Appeals, by an individual owning land to be affected
by change or adoption, by ten registered voters, by the Planning Board,
a regional planning agency, or other method as provided by the City
Charter.
(c)
If the City Council fails to vote
to adopt any proposed amendment to the Zoning Ordinance within 90
days after the City Council's public hearing, no action shall be taken
thereon until after a subsequent public hearing is held with notice
and report as provided in § 9.20.
Notice of the time, place and subject
matter of the public hearing to be held by the Planning Board on any
proposed amendment to the Zoning Ordinance shall be given as follows:
(a)
By publication in a newspaper of
general circulation in the City once in each of two successive weeks,
the first publication being not less than 14 days before the day of
such hearing; and by posting such notice in a conspicuous place in
the City Hall for a period of not less than 14 days before the day
of said hearing.
(b)
By regular mail, to the owners of
all property sharing a common property line with the property proposed
to be rezoned, as well as those deemed to be affected, to be mailed
not less than 10 days before the hearing.
(c)
Notice of the public hearing to be
held by the Planning Board shall also be sent by mail, postage prepaid
to the Department of Community Affairs, the Metropolitan Area Planning
Council and to the planning boards of all the abutting cities and
towns.
(d)
A separate, conspicuous statement
shall be included with property tax bills sent to nonresident property
owners, stating that notice of hearings under this section shall be
sent by mail, postage prepaid, to any such owner who files an annual
request for such notice with the City Clerk no later than January
first, and pays a fee of one dollar.
(e)
In cases involving boundary or use
changes within a district, notice shall be sent to any such nonresidential
property owner who has filed such request with the City Clerk and
whose property lies in the district where the change is sought.
