A.
Enforcement. This chapter shall be enforced by the
Building Commissioner of the Town of Barnstable or his designee.
B.
Violations. For any violation of this chapter, the
Building Commissioner or his designee may, where the situation requires,
cause a criminal complaint to issue from the First District Court
of Barnstable or may institute proceedings in Superior Court to enjoin
the construction, alteration, enlargement, reconstruction or use of
any building or the use of any premises in violation hereof, or further
may institute proceedings to enjoin the construction, alteration,
enlargement or reconstruction of any building which would result in
a use in violation hereof.
C.
Nonconflicting remedies. The use of one of the remedies described in Subsection B above shall not preclude the use of the other remedy for the same violation or a continuing violation.
D.
Verification required. The Building Commissioner or
his designee may require any plans, documents or sworn statements
to be filed with his office to verify the intended use of a building
or premises, or to establish the existence, nature or extent of a
nonconformity alleged to exist or any other matter in which evidence
is required.
E.
Penalties. Anyone convicted of a violation under this
chapter shall be fined not more than $300 for each offense. Each day
that such violation continues shall constitute a separate offense.
A.
Performance bonds required. A performance bond of not less than $4 per foot of frontage against possible costs due to erosion or damage within passable street rights-of-way shall be required by the Building Commissioner prior to authorization of any new building, and a bond or cash security may be required by the Building Commissioner for other construction, such bond or cash security to be held by the Town Treasurer until an occupancy permit is granted as provided for in Subsection B herein. Prior to the proceeding with construction above the foundation, a registered land surveyor shall certify that the structure has been located in compliance with all yard requirements.
B.
Occupancy permits. No premises and no building or
structure erected, altered or in any way changed as to construction
or use, under a permit or otherwise, shall be occupied or used without
an occupancy permit signed by the Building Commissioner. Such permit
shall not be issued until the premises, building or structure and
its uses and accessory uses comply in all respects with this chapter.
A.
Establishment of the Board. The Zoning Board of Appeals
established by Chapter 215 of the Acts of 1984, as amended by Chapter
295 of the Acts of 1984 and as may be further amended from time to
time, is the Zoning Board of Appeals referred to herein.
(1)
Membership of the Board. The Zoning Board of Appeals
shall consist of five members appointed by the Town Council of the
Town of Barnstable.
(2)
Term of office. Members of the Zoning Board of Appeals
shall be appointed for three-year terms so arranged that as nearly
as possible 1/3 of the terms shall expire each year.
(3)
Associate Board members. The Town Council may appoint not more than six associate members for similar terms as provided in Subsection A(2).
(4)
Election of officers. The Zoning Board of Appeals
shall elect a Chairman and clerk from its own membership each year.
(5)
Removal of members. Members may only be removed for
cause by the Town Council after a hearing.
(6)
Vacancies. In case of a vacancy, inability to act,
or interest on the part of a member of the Board, the Chairman of
the Zoning Board of Appeals may designate a duly appointed associate
member to act to fill the vacancy.
B.
General powers.
(1)
The Zoning Board of Appeals shall have the following
powers:
(a)
Appeals from administrative official. To hear
and decide an appeal taken by any person aggrieved by reason of their
inability to obtain a permit from any administrative official under
the provisions of Chapter 40A of the General Laws, or by any officer
or board of the Town, or by any person aggrieved by any order or decision
of the Building Commissioner, or other administrative official in
violation of any provision of Chapter 40A of the General Laws or of
this chapter.
(b)
Special permits. To hear and decide applications
for special permits for exceptions as provided for in Chapter 40A
of the General Laws and in this chapter.
(c)
Variances. To authorize upon appeal or upon
petition in cases where a particular use is sought for which no permit
is required, with respect to a particular parcel of land or to an
existing building thereon, a variance from the terms of this chapter
where, owing to conditions especially affecting such parcel or such
building 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 to the
appellant, and where 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, but not otherwise.
(d)
Other powers. To act as a Board of Appeals under
the provisions of Chapter 41, §§ 81Y, 81Z, 81AA,
and 81BB of the General Laws.
(e)
Use variances. To authorize variances for uses
in accordance with the provisions of this chapter; provided, however,
that no such variances shall be granted within 300 feet of the major
arteries known as Route 28, Route 132, Route 149 and West Main Street
and Route 6A, within the Marstons Mills Village District (MMVD) and
the West Barnstable Village Business District (WBVBD) and within 300
feet of the MMVD and WBVBD boundary.
[Amended 6-17-2010 by Order No. 2010-122; 9-8-2011 by Order No.
2011-138; 3-21-2013 by Order No. 2013-060]
C.
Special permit provisions. The Zoning Board of Appeals
may grant special permits only for uses specifically provided for
as such in this chapter.
(1)
Public hearing required. The Zoning Board of Appeals
shall, within 65 days after the filing of a special permit application
with the Town Clerk or the Board, hold a public hearing on said application
as per Chapter 808, Acts of 1975, as amended. Special permits shall
not be issued until said public hearing is held.
(2)
Standards for granting special permits. A decision
of the Zoning Board of Appeals on an application for a special permit
shall be based on the following:
(a)
Whether or not the application falls within
the category specifically excepted by this chapter.
(b)
An evaluation of all the evidence presented
at the public hearing by the petitioner and interested parties as
it relates to the fulfillment of the spirit and intent of this chapter
without substantial detriment to the public good or the neighborhood
affected.
(3)
Validity.
[Amended 5-7-2009 by Order No. 2009-077]
(a)
Period of validity: A special permit shall become
void within two years from the date of issue unless any construction
work contemplated thereby shall have commenced and proceeded in good
faith continuously to completion, or, if no construction work is contemplated
by the special permit, the premises shall be open for business or
in full use under said special permit. The two-year period shall not
include time required to pursue or await determination of an appeal
referred to in MGL Ch. 40A, §17. However, the special permit
granting authority, in its discretion, may extend the time for exercise
of such rights for a period not to exceed a total of one year upon
a showing of good cause; and provided, further, that the request for
such extension is filed with the special permit granting authority
prior to the expiration of said two-year period. If the permit granting
authority does not grant such extension, upon the expiration of the
original two-year period, such special permit shall become void.
(b)
Retroactive applicability: The period of validity for any special permit in effect on the effective date of these provisions shall be two years from the date of issue, unless further extended pursuant to Subsection C(3)(a) above. The period of validity for any special permit that would have lapsed before the effective date of these provisions, but for which a request for extension was filed prior to its lapse, shall be two years from the date of issue, unless further extended pursuant to Subsection C(3)(a) above.
(4)
Subsequent amendments. Construction or operations
under a building or special permit shall conform to any subsequent
amendment of the ordinance unless the use or construction is commenced
within a period of not more than six months after the issuance of
said permit and in cases involving construction, unless such construction
is continued through to completion as continuously and expeditiously
as is reasonable.
[Amended 10-7-1993 by Order No. 94-014]
The Zoning Board of Appeals may grant variances as provided for within this chapter and in accordance with MGL Ch. 40A, § 10, provided that, when an application for a variance proposes a development or activity which would require site plan review in accordance with § 240-100, the applicant should submit to the Zoning Board of Appeals a site plan which has been reviewed and found approvable in accordance with Article IX herein, subject only to the issuance of a variance.
