The building inspector shall, upon written direction of the
city council (the "special permit granting authority") issue a zoning
permit as provided for elsewhere in this title, the permit to be a
prerequisite to the issuance of a building permit as prescribed by
the building code.
(C.O. 83-3 § 17-3(B)(2)(part))
All applications for special permits, as provided for elsewhere
in this title, shall be filed by the petitioner with the city clerk,
who shall forthwith transmit a copy thereof to the city council.
No special permit application shall be accepted for advertisement without submission of an appropriate site plan in accordance with Section 17.17.050.
(C.O. 83-3 § 17-3(B)(2)(part); C.O. 91-88 § 1)
A.
The
city council shall hold a public hearing within sixty-five days of
the proper filing of each application for a special permit. The city
council shall act within ninety days following a public hearing for
a special permit, failing which such permit shall be deemed to be
granted.
B.
Special
permits shall require a two-thirds vote of all the members of the
city council.
C.
Special
permits may be granted by the city council only upon its written determination
that the proposed use will have beneficial effects that outweigh the
detrimental effects of the proposed use on the city and the neighborhood,
in view of the particular characteristics of the site and of the proposal
in relation to that site. The determination shall include consideration
of each of the following:
D.
Special
permits may be granted with such reasonable conditions, safeguards,
or limitations on time or use as the city council may deem necessary
to serve the purposes of this title.
(C.O. 83-3 § 17-3(B)(2)(part); C.O. 96-17 § 47)
The special permit granting authority shall adopt and, from
time to time amend, rules relative to the issuance of special permits,
and shall file a copy of the rules in the office of the city clerk.
No special permit application shall be accepted for advertisement without submission of an appropriate site plan in accordance with Section 17.17.050.
No special permit application shall be finally acted upon on
the same date of the public hearing nor until the special permit application
has been reviewed and reported upon by a committee of the city council.
(C.O. 83-3 § 17-3(B)(2)(part); C.O. 91-88 § 1; C.O. 08-063, § 1, 4/7/2008)
The city council shall furnish the building inspector with a
copy of all decisions regarding special permits.
A.
No
building permit shall be issued until the attached conditions and
site plan of special permit have been recorded in the Registry of
Deeds or Land Court for the district in which the land is located,
within the chain of title of the affected property. In the case of
recorded land, the special permit conditions shall also be noted in
the Registry's grantor conditions shall also be noted in the Registry's
Grantor Index under the name of the owner of the land which the proposed
work is to be done. In the case of registered land, the special permit
conditions shall also be noted on the land court Certificate of Title
of the owner of the land upon which the work is to be done. The recording
information shall be submitted to the city clerk for distribution
to the building inspector and site plan review committee, prior to
the issuance of a building permit.
B.
Any
alterations, changes, or deviations from the attached site plan and/or
attached special permit conditions shall constitute the need for a
new filing of a special permit.
(C.O. 83-3 § 17-3(B)(2)(part); C.O. 91-88 § 2)
All rights authorized by a special permit shall lapse within
two years from the date of granting if construction or use has not
sooner commenced, except for good cause.
(C.O. 83-3 § 17-3(B)(2)(part))
All applications for special permits shall be, as required by
the General Laws, accompanied by fees established from time to time
by the city council, if the appellant, applicant or petitioner is
not an officer or board of the city, plus the cost of notices.
(C.O. 83-3 § 17-3(B)(2)(part))
