This chapter 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 and may request
advisory reviews by other municipal boards and officials. Buildings,
structures or signs may not be erected, substantially altered, moved,
or changed in use and land may not be substantially altered or changed
with regard to size or shape or principal use unless in compliance
with then applicable zoning, and after all necessary permits have
been received under federal, state, or local law. Issuance of a building
permit or certificate of use and occupancy, where required under the
commonwealth's State Building Code, may serve as certification
of such compliance.
181.9111.
Occupancy permit. No building hereafter erected, altered or
relocated shall be used and no change shall be made of the use of
any building or any parcel of land, except for the use of land for
agriculture, horticulture, or floriculture, unless an occupancy permit
signed by the Building Commissioner has been granted to the owner
or occupant of such land or building. Such permit shall not be granted
unless the proposed use of the land or building and all accessory
uses comply in all respects with this chapter, and no use shall be
made of such land or building except the use or uses authorized by
such occupancy permit.
The Building Commissioner of the City of Fitchburg is hereby
designated as the officer charged with the enforcement of this chapter.
181.9121.
Enforcement Action. The Building Commissioner, upon a written
complaint of any citizen of Fitchburg or owner of property within
Fitchburg or upon such Commissioner's own initiative, shall institute
any appropriate action or proceedings in the name of the City of Fitchburg
to prevent, correct, restrain or abate violation of this chapter.
In the case where the Building Commissioner is requested, in writing,
to enforce this chapter against any person allegedly in violation
of the same and the Commissioner declines to act, the Commissioner
shall notify, in writing, the party requesting such enforcement of
any action or refusal to act, and the reasons therefor, within 14
days of receipt of such request.
181.9122.
Noncriminal Disposition. In addition to the provisions for enforcement of this chapter described in Section
181.9121, the provisions of this chapter may also be enforced by and in the discretion of the Building Commissioner by a noncriminal complaint filed in the District Court or Worcester County Housing Court pursuant to the provisions of MGL c. 40, § 21D. Each day on which a violation exists shall be deemed a separate offense. The penalty for violation of any provision of this chapter pursuant to this section shall be $50.00 for the first offense; $75.00 for the second offense; $100.00 for the third offense; and $125.00 for the fourth and each subsequent offense.
The penalty for violation of any provision of this chapter,
of any of the conditions under which a permit is issued, or of any
decision rendered by the Board of Appeals, any special permit granting
authority, or the site plan approval board shall be $300.00 for each
offense. Each day that each violation continues shall constitute a
separate offense.
The City of Fitchburg Board of Appeals is hereby designated
as the Board of Appeals required by the Zoning Act of the Commonwealth
of Massachusetts. The Board of Appeals shall consist of five members
with two associate members who shall all be residents of the City
of Fitchburg. At least one member shall be a member of the Bar. Each
member shall be appointed by the Mayor, subject to confirmation by
the City Council, for terms of five years, and the appointments shall
be so arranged that the term of one member shall expire each year.
Vacancies, removals and other organizational matters shall be governed
by MGL c. 40A, § 12.
The Board of Appeals shall have and exercise all the powers
granted to it by Chapters 40A, 40B, and 41 of the General Laws of
the Commonwealth and by this chapter. The Board's powers are
as follows:
181.9221.
To hear and decide applications for special permits. Unless otherwise specified herein, the Board of Appeals shall serve as the special permit granting authority, to act in all matters in accordance with the provisions of Section
181.94, or as otherwise specified.
181.9222.
To hear and decide appeals or petitions for variances from the
terms of this chapter, with respect to particular land or structures,
as set forth in MGL c. 40A, § 10. The Board of Appeals shall
not grant use variances in the residential districts.
181.9223.
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.
181.9224.
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.
Variances may be granted with such reasonable conditions, safeguards,
or limitations on time or use, including performance guarantees, as
the Board of Appeals may deem necessary to serve the purposes of this
chapter. Such conditions may include, but are not limited to, private
disposal of waste; deadline to commence construction; signage; alarm
system; limits on vehicles, number of students, gender of residents,
noise, possession of substances; maintenance requirements; landscaping,
parking spaces; dust control; term for years with or without automatic
renewals; sewer connection; bond.
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 petitions for variances, administrative
appeals, and applications for comprehensive permits.
A variance from the specific requirements of this chapter, excluding
a variance authorizing a use not otherwise permitted, may be authorized
by the Board of Appeals.
181.9311.
Rules and regulations and fees. The Board of Appeals shall adopt
and from time to time amend rules and regulations not inconsistent
with the provisions of this chapter or MGL c. 40A or other applicable
provision of the General Laws and shall file a copy of said rules
and regulations with the City Clerk. Such rules shall prescribe, as
a minimum, the size, form, contents, style and number of copies of
plans and specifications, the City boards or agencies from which the
Board of Appeals shall request written reports and the procedure for
submission and approval of such permits. The Board of Appeals may
adopt and from time to time amend fees sufficient to cover reasonable
costs incurred by the City in the review and administration of variances.
181.9312.
Application. Any person who desires to obtain a variance from
the requirements of this chapter shall submit a written application
to the Board of Appeals on a form prescribed by the Board of Appeals.
181.9313.
Public hearing and decision. The Board of Appeals shall hold
a public hearing no later than 65 days after the filing of an application.
The Board of Appeals shall have the power to continue a public hearing
under this section if it finds that such continuance is necessary
to allow the petitioner or applicant to provide information of an
unusual nature and which is not otherwise required as part of the
variance application. The Board of Appeals shall issue a decision
of such variance no later than 100 days following the filing of the
variance petition with the Board of Appeals.
181.9314.
Mandatory findings. Before the grant of any variance from the
requirements of this chapter, the Board of Appeals must specifically
find that owing to circumstances relating to the soil conditions,
shape or topography of land or structures and especially affecting
such land or structures but not affecting generally the zoning district
in which it is located, a literal enforcement of the provisions of
this chapter would involve substantial hardship, financial or otherwise,
and that desirable relief may be granted without substantial detriment
to the public good and without nullifying or substantially derogating
from the intent or purpose of this chapter.
181.9315.
Conditions and safeguards. The Board of Appeals may impose such
conditions, safeguards and limitations as it deems appropriate upon
the grant of any variance.
181.9316.
Time limitation on variance. Any rights authorized by a variance
which are not exercised within one year from the date of grant of
such variance shall lapse and may be reestablished only after notice
and a new hearing pursuant to this section, except that the Board,
in its discretion and upon written application by the grantee of the
right in a variance, may extend the time for exercise of such rights
for a period not to exceed an additional six months if the grantee
applies for the extension prior to the expiration of the one-year
period.
181.9317.
Effective date of a variance. No variance or any modification,
extension or renewal thereof shall take effect until a copy of the
decision has been recorded in the Northern Worcester County Registry
of Deeds. Such decision shall bear the certification of the City Clerk
that 20 days has elapsed after the decision has been filed in the
office of the City Clerk and no appeal has been filed or that, if
such an appeal has been filed, it has been dismissed or denied.
181.9321.
The Board of Appeals may authorize a use variance, but no use variances shall be granted in the Residential Districts. In addition to the requirements of Section
181.931 of this chapter and Massachusetts General Law, the Board must unanimously find:
A. That the proposed use is in the public interest.
B. That the applicant has demonstrated that the proposed use would not
create any hardship to the neighborhood.
C. That the applicant has demonstrated that the proposed use would not
disturb the existing character of the neighborhood.
181.9322.
It is the intent of this section to allow use variances only
in those rare cases when the applicant, the neighborhood and the general
public equally benefit.
Unless specifically designated otherwise, the Board of Appeals
shall act as the special permit granting authority.
Special permits shall be granted by the special permit granting
authority, unless otherwise specified herein, only upon its written
determination that the benefit to the City and the neighborhood outweigh
the adverse effects of the proposed use, 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, the
determination shall include consideration of each of the following:
181.9421.
Social, economic, or community needs which are served by the
proposal;
181.9422.
Traffic flow and safety, including parking and loading;
181.9423.
Adequacy of utilities and other public services;
181.9424.
Neighborhood character and social structures;
181.9425.
Impacts on the natural environment, including drainage; and
181.9426.
Potential fiscal impact, including impact on City services,
tax base, and employment.
Applicants shall file with the City Clerk the number of copies
of the special permit application and plans, and follow the procedures
as listed in the Special Permit Granting regulations.
181.9431.
An application shall not be deemed complete until all copies
of required information and documentation have been filed with the
special permit granting authority.
181.9432.
The special permit granting authority shall notify applicants
by registered mail, within 14 days of submittal, of incomplete application
status, and the applicant shall have 14 days from the mailing of such
notice to complete an application. Failure to complete an application
within such time or to file plans with the agencies or officials set
forth above shall be deemed nonsubmittal of the application, without
prejudice.
181.9433.
Reports from other boards and officials shall be submitted to
the special permit granting authority by the date of the public hearing,
but in any case within 35 days of receipt of the reviewing party of
all of the required materials; failure of these reviewing parties
to make recommendations after having received copies of all such required
materials shall be deemed a lack of opposition thereto.
181.9434.
In the event that the public hearing by the special permit granting
authority is held prior to the expiration of the thirty-five-day period,
said authority shall continue the public hearing to permit the formal
submission of reports and recommendations within that thirty-five-day
period.
181.9435.
The provisions of this Section
181.943 shall not apply to applications for special permits to reconstruct, extend, alter, or structurally change a nonconforming single or two family structure. The Board of Appeals may adopt regulations to establish procedures governing the form of such applications.
Unless waived by the special permit granting authority, an applicant for a special permit shall submit a plan in substantial conformance with the requirements of Section
181.94 herein. At the discretion of the special permit granting authority, the submittal of a development impact statement (DIS) may be required. The DIS shall be prepared by an interdisciplinary team including a registered landscape architect or architect, a registered professional or civil engineer, and a registered surveyor.
181.9441.
Physical Environment.
A. Describe the general physical conditions of the site, including amounts
and varieties of vegetation, general topography, unusual geologic,
archeological, scenic and historical features or structures, location
of significant viewpoints, stone walls, trees over 16 inches in diameter,
trails and open space links, and indigenous wildlife.
B. Describe how the project will affect these conditions, providing
a complete physical description of the project and its relationship
to the immediate surrounding area.
181.9442.
Surface Water and Subsurface Conditions.
A. Describe location, extent, and type of existing water and wetlands,
including existing surface drainage characteristics, both within and
adjacent to the site.
B. Describe any proposed alterations of shore lines, marshes, or seasonal
wet areas.
C. Describe any limitations imposed on the project by the site's
soil and water conditions.
D. Describe the impact upon ground and surface water quality and recharge,
including estimated phosphate and nitrate loading on groundwater and
surface water from septic tanks, lawn fertilizer, and other activities
within the site.
181.9443.
Circulation Systems.
A. Project the number of motor vehicles to enter or depart the site
per average day and peak hour. Also state the number of motor vehicles
to use streets adjacent to the site per average day and peak hour.
Such data shall be sufficient to enable the special permit granting
authority to evaluate i) existing traffic on streets adjacent to or
approaching the site, ii) traffic generated or resulting from the
site, and iii) the impact of such additional traffic on all ways within
and providing access to the site. Actual study results, a description
of the study methodology, and the name, address, and telephone number
of the person responsible for implementing the study, shall be attached
to the DIS.
181.9444.
Support Systems.
A. Water Distribution. Discuss the types of wells or water system proposed
for the site, means of providing water for firefighting, and any problems
unique to the site.
B. Sewage Disposal. Discuss the type of on-site or sewer system to be
used, suitability of soils, procedures and results of percolation
tests, and evaluate impact of disposal methods on surface water and
groundwater.
C. Refuse Disposal. Discuss the location and type of facilities, the
impact on existing City refuse disposal capacity, hazardous materials
requiring special precautions.
D. Fire Protection. Discuss the type, location, and capacity of fuel
storage facilities or other flammables, distance to fire station,
and adequacy of existing firefighting equipment to confront potential
fires on the proposed site.
E. Recreation. Discuss the distance to and type of public facilities
to be used by residents of the proposed site and the type of private
recreation facilities to be provided on the site.
F. Schools. Project the increase to the student population for nursery,
elementary, junior high school, and high school levels, also indicating
present enrollment in the nearest public schools serving these categories
of students.
181.9445.
Phasing. Where development of the site will be phased over more
than one year, indicate the following:
A. Describe the methods to be used during construction to control erosion
and sedimentation through use of sediment basins, mulching, matting,
temporary vegetation, or covering of soil stockpiles. Describe the
approximate size and location of portion of the parcel to be cleared
at any given time and length of time of exposure.
B. Describe the phased construction, if any, of any required public
improvements, and how such improvements are to be integrated into
site development.
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 chapter. Such conditions may include, but are
not limited to, private disposal of waste; deadline to commence construction;
signage; alarm system; limits on vehicles, number of students, gender
of residents, noise, possession of substances; maintenance requirements;
landscaping, parking spaces; dust control; term for years with or
without automatic renewals; sewer connection; bond; limitation to
the term of ownership or use by the applicant.
Special permits shall lapse if a substantial use thereof or
construction thereunder has not begun and continued without interruption,
except for good cause, up to 24 months as determined by the special
permit granting authority 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 special permit granting authority
may consider an extension of time upon request from the applicant
prior to expiration.
The special permit granting authority may adopt rules and regulations
for the administration of this section.
The City Council may adopt reasonable administrative fees and
technical review fees for applications for special permits.
The following types of activities and uses require site plan
review by the Planning Board:
181.9511. Construction, exterior expansion of, or change
of use within a municipal, institutional, commercial, industrial,
multifamily or three-family structure.
181.9512. Construction or expansion of a parking lot
for a municipal, institutional, commercial, industrial, or multifamily
or three-family structure or purpose.
181.9513. Siting, construction or expansion of a marijuana
establishment (ME).
181.9514. Siting, construction or expansion of a wireless
communications facility.
181.9516. Siting, construction or expansion of large
ground mounted photovoltaic energy system.
181.9517. Siting, construction or expansion of a nonexempt
container farming.
181.9518. Siting, construction or expansion of a contractor's
yard, lumberyard or salvage yard.
181.9519. Earth removal or timber harvesting.
181.9520. Siting, construction or expansion of a drive-through
facility.
181.9521. Siting, construction or expansion of uses, where site plan review is otherwise referenced within Chapter
181, Zoning, of City of Fitchburg Code.
Construction of less than 500 gross square feet of floor area.
Minor site plan review, as set forth in Section
181.955 below, shall follow the procedures set forth herein. Major site plan review shall require a public hearing in accordance with the procedures set forth in MGL c. 40A, §§ 9 and 11. Applicants shall submit the number of copies as required by the Planning Board's site plan regulations for site plan review. The Planning Board shall review and act upon the site plan, with such conditions as may be deemed appropriate, within 90 days of its receipt, and notify the applicant of its decision. This timeline may be extended upon agreement between the Planning Board and the applicant. The decision of the Planning Board shall be upon a majority of the members present which comprises a quorum and shall be in writing. No building permit or certificate of occupancy shall be issued by the Building Inspector without the written approval of the site plan by the Planning Board, or unless 90 days lapse from the date of the submittal of the site plan or extended review period (whichever is greater) without action by the Planning Board.
181.9531.
Application for Building Permit. An application for a building permit to perform work as set forth in Section
181.951 available as of right shall be accompanied by an approved site plan.
181.9532.
Application for Special Permit or Variance. An application for a special permit or a variance to perform work as set forth in Section
181.951 shall be accompanied by an approved site plan; in the alternative, any special permit or variance granted for work set forth in Section
181.951 shall contain the following condition:
"The work described herein requires the approval of a site plan by the Fitchburg Planning Board pursuant to Section
181.95 of the Zoning Ordinance. Any conditions imposed in such site plan approval shall also be conditions of this special permit/variance."
181.9533.
Where the Planning Board approves a site plan "with conditions,"
and said approved site plan accompanies a special permit or variance
application to the Board of Appeals, the conditions imposed by the
Planning Board shall be incorporated into the issuance, if any, of
a special permit or variance by the Board of Appeals.
181.9534.
Where the Planning Board serves as the special permit granting
authority for proposed work, it shall consolidate its site plan review
and special permit procedures.
181.9535.
The applicant may request, and the Planning Board may grant
by majority vote, an extension of the time limits set forth herein.
181.9536.
No deviation from an approved site plan shall be permitted without
modification thereof.
181.9537.
Where a site plan is submitted with a special permit, the site
plan review timeline shall run concurrent with the special permit
review and not be subject to a grant of constructive approval.
Applicants are invited to submit a preapplication sketch of the proposed project to the Planning Board and to schedule a comment period at a regular meeting of the Planning Board. Unless waived by the Board, the size, scale, contents and number of copies of plans shall be as required by the Board's site plan regulations referred to in Section
181.958.
The Planning Board may, upon written request of the applicant, waive any of the technical requirements of Section
181.953 where the project involves relatively simple development plans or constitutes a minor site plan. The Planning Board may, upon request of the applicant, reduce parking and landscaping requirements set forth in Sections
181.512,
181.514,
181.515,
181.516,
181.517,
181.543,
181.544 and
181.545 upon a finding that the reduction is not a detriment to public health and safety, and meets the objectives of Sections
181.51,
181.54 and
181.956.
181.9551.
Minor Site Plan. An application for permits to build, alter or expand any nonresidential building, structure or use in any district where such construction will not exceed a total gross floor area of 2,000 square feet, or an application which will not generate the need for more than 10 parking spaces shall be deemed a "minor site plan." For the purposes of computing the total gross floor area of a minor site plan, the Planning Board shall aggregate all such applications made within the five previous calendar years. Minor site plans, at the discretion of the Planning Board, may be required to set forth all of the information required by Section
181.953; provided, however, that the requirements for the preparation of such plans shall normally be relaxed by the Planning Board.
Site plan approval shall be granted upon determination by the Planning Board that the plan meets the following objectives. The Planning Board may impose reasonable conditions at the expense of the applicant, including but not limited to those set forth in Section
181.945, to promote these objectives. Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of the Planning Board's subdivision rules and regulations, and applicable local, state or federal requirements. New building construction or other site alteration shall be designed in the site plan, after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points, and other aspects of the development, so as to:
181.9561.
Minimize the volume of cut and fill, the number of removed trees
six-inch caliper or larger, the length of removed stone walls, the
area of wetland vegetation displaced, the extent of stormwater flow
increase from the site, soil erosion, and threat of air and water
pollution;
181.9562.
Maximize pedestrian and vehicular safety both on the site and
egressing from it;
181.9563.
Minimize obstruction of scenic views from publicly accessible
locations;
181.9564.
Minimize visual intrusion by controlling the visibility of parking,
storage, or other outdoor service areas viewed from public ways or
premises residentially used or zoned;
181.9565.
Minimize glare from headlights and lighting intrusion;
181.9566.
Minimize unreasonable departure from the character, materials,
and scale of buildings in the vicinity, as viewed from public ways
and places;
181.9567.
Minimize contamination of groundwater from on-site waste-water
disposal systems or operations on the premises involving the use,
storage, handling, or containment of hazardous substances;
181.9568.
Ensure compliance with the provisions of this chapter, including
parking and landscaping.
Site plan approval shall lapse after one year from the grant
thereof if a substantial use thereof has not sooner commenced except
for good cause. Such approval may, for good cause, be extended in
writing by the Planning Board upon the written request of the applicant.
The Planning Board may adopt and from time to time amend reasonable
regulations for the administration of these site plan guidelines.
The Planning Board may adopt reasonable administrative fees and technical
review fees for site plan review.
Any decision of the Planning Board pursuant to this Section
181.95 shall be appealed in accordance with the provisions of MGL c. 40A, § 17 to a court of competent jurisdiction.
To assist in carrying out its duties as a special permit granting
authority, there shall be two associate members of the Planning Board
appointed by the Mayor, subject to confirmation by City Council, under
authority of MGL c. 40A, § 9. The associate members shall
sit on the Planning Board for the purposes of acting at special permit
application hearings in case of absence, inability to act or conflict
of interest on the part of any member of the Planning Board or in
the event of a vacancy on the Board.