[Added 6-26-2006 STM by Art. 27]
A.
This bylaw shall be administered by the Select Board
through the Zoning Enforcement Officer appointed by the Board. No
building permit or certificate of occupancy shall be granted by the
Inspector of Buildings for any purpose except in compliance with the
provisions of this bylaw or a written order of the Board of Appeals
or the courts.
B.
The Dalton Zoning Enforcement Officer may request
assistance from the Dalton Planning Board to determine if a zoning
violation does, or does not, exist. If such a request is made, the
Dalton Planning Board shall make a recommendation by majority vote
and refer the matter back to the Zoning Enforcement Officer.
No building or structure shall be erected, moved,
added to, structurally altered or demolished without a permit therefor
issued by the Inspector of Buildings. Failure to obtain a suitable
permit shall be a violation of this bylaw and punishable as provided
herein.
A.
Application for building permit. All applications
for building permits shall be accompanied by plans and specifications
in triplicate, drawn to scale, showing the actual shape and dimensions
of the lot to be built upon, the exact sizes and locations on the
lot of all existing and proposed buildings and structures, the lines
within which the proposed buildings or structures shall be erected
or altered, sill elevation of proposed buildings, the existing or
intended use of each building, the location of sewerage disposal systems,
source of water supply, provision for necessary storm drainage, and
such other information as may be necessary to provide for the administration
and enforcement of this bylaw.
(1)
In case the proposed building would result in the
construction of more than one principal building on a single lot,
the plan shall indicate for each such principal building the boundaries
of the land area set aside as the site for each building and provide
thereon all such areas, width, frontage, yards and open spaces as
are required in this bylaw for such a building within the district
in which it is located. In no case shall more than one dwelling be
allowed on a lot.
(2)
One set of such plans and specifications shall be
made when approved as part of the building permit issued to the applicant.
A copy of such permit shall be sent to the Planning Board, and a copy
shall be kept with the records maintained by the Inspector of Buildings.
B.
Expiration of building permits. If the work described in any building permit has not begun within six months or if the work described in any building permit has not been completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the Inspector of Buildings, and written notice thereof shall be given to the owner, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained. A one-time extension of the permit may be granted for a period of not more than six additional months after which time the owner shall be deemed to be in violation of the Zoning Bylaw and the provisions of § 350-131 shall apply.
It shall be unlawful to use or permit the use
of any building, structure, or premises or part thereof, hereafter
created, erected, changed, converted, or wholly or partly altered
or enlarged in its use or structure, until a certificate of occupancy
shall have been issued therefor by the Inspector of Buildings, stating
that such building or premises or part thereof and the proposed use
thereof are in conformity with the provisions of this bylaw or an
order of the Board of Appeals.
A.
A temporary certificate of occupancy may be issued
by the Inspector of Buildings for a period not exceeding six months
during alterations or partial occupancy of a building pending its
completion, provided that such temporary certificate may include such
conditions and safeguards as will protect the safety of the occupants
and the public.
B.
The Inspector of Buildings shall maintain a record
of all certificates of occupancy, and a copy shall be transmitted
to any person or Town Board upon request.
C.
Failure to obtain a certificate of occupancy shall
be a violation of this bylaw and punishable as provided herein.
Building permits or certificates of occupancy
issued on the basis of plans and applications approved by the Inspector
of Buildings, the Select Board, the Planning Board or the Board of
Appeals authorize only the use, arrangement and construction as set
forth in such approved plans and applications. Use, arrangement, or
construction at variance with that authorized shall be deemed a violation
of this bylaw and punishable as provided herein.
A.
If the Zoning Enforcement Officer shall find or shall
have reasonable grounds to believe that any of the provisions of this
bylaw are being violated, he shall notify in writing the person responsible
for such violations and the record owner of the premises, indicating
the nature of the violation and ordering the action necessary to correct
it. He shall order discontinuance of illegal use of land, buildings
or structures, removal of illegal buildings or structures or of illegal
additions, alterations, or structural changes; discontinuance of any
illegal work being done; or shall take any other authorized action
to ensure compliance with or to prevent violation of its provisions.
B.
If the Zoning Enforcement Officer is requested in
writing to enforce this bylaw against any person allegedly in violation
of it and the Zoning Enforcement Officer declines to act, he 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.
Construction or operation under a building or
special permit shall conform to any subsequent amendment of this bylaw
unless the permit is issued before the first publication of the required
notice of public hearing by the Planning Board regarding such amendment,
and the use or construction is commenced within a period of not more
than six months after the issuance of the permit, and in cases involving
construction, unless such construction is continued through to completion
as continuously and expeditiously as is reasonable.
Town boards or officers may by order establish
application forms and a schedule of fees, charges and expenses and
a collection procedure for building permits, certificates of occupancy,
special permits, appeals and other like matters pertaining to this
bylaw. Until all such applicable fees, charges and expenses have been
paid in full, no action shall be taken on any application or appeal.
[Amended 5-3-1999 STM by Art. 19]
A.
Criminal penalties. Whoever shall be cited in violation
of any provision of this bylaw or fails to comply with any of its
requirements, shall upon conviction thereof, be fined not more than
$300 for each offense. Each day the violation continues after citation
constitutes a separate violation and shall be accumulated retroactively
to the date of citation. Nothing herein contained shall prevent the
Town from taking such other lawful action as it deems necessary to
prevent or remedy any violation.
B.
Noncriminal disposition. In addition to the procedures
for enforcement as previously described, the provisions of this Zoning
Bylaw may also be enforced by the Zoning Enforcement Officer, by noncriminal
disposition pursuant to the provisions of MGL c. 40, § 21D.
