Adams City Zoning Code
ARTICLE I
Administration and Procedure
§ 125-1 Purpose.
The purpose of this chapter is to promote the health, safety, convenience, morals and welfare of the Town of Adams as authorized by MGL c. 40A and any amendments thereof.
§ 125-2 Enforcement; administration; violations and penalties.
A.
This chapter shall be enforced by the Building Inspector, who shall take such action as may be necessary to enforce full compliance with the provisions of this chapter and of permits and variances issued hereunder, including notification of noncompliance and request for legal action through the Selectmen to the Town Counsel.
B.
Buildings, structures or signs may not be erected, substantially altered or moved and land or structures may not be changed in use without certification by the Building Inspector that such action is in compliance with then applicable zoning or without review by him regarding whether all necessary permits have been received from those government agencies from which approval is required by federal, state or local law. Issuance of a building permit or certificate of use and occupancy, where required under the Commonwealth of Massachusetts State Building Code, may serve as such certification.
C.
Submissions. All applications for activities referenced in this chapter shall be submitted to the Community Development Department for review by the Building Inspector. The Building Inspector will review applications for completeness and conformance with this chapter. Submission requirements are referenced below:
(1)
Building permits. Applications shall be accompanied by three prints of a plan of the lot, drawn to scale, showing the actual dimensions of the lot, the exact location and size of any existing or proposed buildings, and the distance of each to all lot lines and showing streets and ways adjacent to the lot. Also required are three sets of construction plans showing sufficient detail to determine compliance with the Building Code.
(2)
Fill and grading permits. All proposed grading, filling and soil removal activity must be reviewed with the Building Inspector. Plan submission requirements to accompany applications are provided in § 125-16B(2)(b).
(3)
Planned development. Plan submission requirements to accompany applications are provided in § 125-24C.
D.
Following 30 days' notice of such violation, any person violating any of the provisions of this chapter, any conditions under which a permit is issued, or any decision rendered by the Zoning Board of Appeals may be fined not more than $50 for each offense. Each day that such violation continues shall constitute a separate offense.
§ 125-3 Zoning Board of Appeals.
A.
The Zoning Board of Appeals shall consist of five members and three associate members, who shall be appointed in the manner prescribed by MGL c. 40A, as amended.
B.
The Zoning Board of Appeals shall have and exercise all the powers granted to it by MGL c. 40A, 40B and 41 and by this chapter. The Board's powers are as follows:
(1)
To hear and decide applications for special permits upon which the Board is empowered to act under this chapter, in accordance with § 125-4.
(2)
To hear and decide appeals or petitions for variances from the terms of this chapter, including variances for use with respect to particular land or structures. Such variance shall be granted only in cases where the Zoning Board of Appeals finds all of the following:
(a)
A literal enforcement of the provisions of this chapter would involve a substantial hardship, financial or otherwise, to the petitioner or appellant.
(b)
The hardship is owing to 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.
(3)
To hear and decide other appeals. Other appeals will also be heard and decided by the Zoning Board of Appeals when filed by:
(a)
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;
(b)
The Berkshire County Regional Planning Commission; or
(c)
Any person, including any officer or board of the Town of Adams or of any abutting town, if aggrieved by any order or decision of the Building Inspector or other administrative official, in violation of any provision MGL c. 40A or this chapter.
(4)
To issue comprehensive permits. Comprehensive permits for construction may be issued by the Zoning Board of Appeals for construction of low- or moderate-income housing by a public agency or limited dividend or nonprofit corporation, upon the Board's determination that such construction would be consistent with local needs, whether or not consistent with local zoning, building, health, or subdivision requirements, as authorized by MGL c. 40B, §§ 20 to 23.
(5)
To issue withheld building permits. Building permits withheld by the Building Inspector acting under MGL c. 41, § 8lY as a means of enforcing the Subdivision Control Law may be issued by the Zoning Board of Appeals where the Board finds practical difficulty or unnecessary hardship and if the circumstances of the case do not require that the building be related to a way shown on the subdivision plan in question.
(6)
To serve as the Zoning Board of Appeals as established under the provisions of the State Building Code.
C.
Repetitive petitions for special permits, appeals and petitions for variances and applications to the Zoning Board of Appeals shall be limited as provided in MGL c. 40A, § 16.
§ 125-4 Special permits.
A.
Special permit granting authority. Unless specifically designated otherwise, the Zoning Board of Appeals shall act as the special permit granting authority.
B.
Submission requirements. Plan submission content requirements vary according to type of activity proposed. Submissions required by this chapter will be determined after review of the proposed activity by the applicant and the Building Inspector.
C.
Public hearing. Special permits shall only be issued following public hearings held within 65 days after filing with the special permit granting authority of an application, a copy of which shall forthwith be given to the Town Clerk by the applicant.
D.
Criteria. Special permits shall normally be granted where specific provisions of this chapter are met, except when particulars of the location or use, not generally true of the district or of the uses permitted in it, would cause granting of such permit to be to the detriment of the public interest because:
(1)
Traffic generated or patterns of access or egress would cause congestion, hazard, or substantial change in established neighborhood character;
(2)
The continued operation of or the development of adjacent uses as permitted in this chapter would be adversely affected by the nature of the proposed use;
(3)
Nuisance or hazard would be created to the detriment of the health, safety and/or welfare of the occupants of the proposed use or the citizens of the Town;
(4)
For other reasons, the proposed use would impair the integrity of the district or adjoining districts or otherwise derogate from the intent and purpose of this chapter;
(5)
The basic design of the proposed use(s) or buildings, the relationship between the buildings and the land, and/or the overall physical appearance of the proposed use(s) or buildings would not be in general harmony with the character of the surrounding neighborhood and would serve to blight or detract from abutting residences or other property;
(6)
Adequate safeguards have not been taken to protect the natural environment;
(7)
All required public services (i.e., water, sewer, schools, fire protection, etc.) are not reasonably available to serve the proposed development; or
(8)
The economic effect of the proposed development would result in economic conditions leading to deterioration of properties due to excessive concentration of commercial activity unsustainable in the projected market.
E.
Conditions. Special permits may be granted with such reasonable conditions, regulations, or limitations as the special permit granting authority may deem necessary to serve the purposes of this chapter.
F.
Expiration. Special permits shall lapse if a substantial use thereof or construction has not begun, except for good cause, within 24 months of special permit approval (excepting such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof).
§ 125-5 Amendments.
This chapter may from time to time be changed by amendment, addition, or repeal by Town Meeting in the manner provided in MGL c. 40A, § 5.
§ 125-6 Severability.
The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof.
§ 125-7 Effect on other regulations; conformance required; nonconforming uses.
A.
Other laws. Where the application of this chapter imposes greater restrictions than those imposed by any other regulations, permits, easements, covenants or agreements, the provisions of this chapter shall control.
B.
Conformance. Construction or operations under a building or special permit shall conform to any subsequent amendment of this chapter unless the use or construction is commenced within a period of 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.
C.
Nonconformancy. The lawful use or maintenance of any structure or land existing at the time of enactment or subsequent amendment of this chapter may be continued, although such structure or use does not conform to provisions of this chapter, subject to the following conditions and exceptions:
(1)
Abandonment. A nonconforming use which has been abandoned or discontinued for a period of two years or more shall not be reestablished and any future use shall conform to this chapter.
(2)
Change, extension or alteration. As provided in MGL c. 40A, § 6, a nonconforming single- or two-family dwelling may be altered or extended, provided that doing so does not increase the nonconforming nature of said structure, and other preexisting nonconforming structures or uses may be extended or altered on special permit from the Zoning Board of Appeals if the Zoning Board of Appeals finds that such extension or alteration will not substantially be more detrimental to the neighborhood than the existing nonconforming use. Once changed to a conforming use, no structure or land shall be permitted to revert to a nonconforming use. Such findings relative to the nonconforming nature and whether or not a structure will be substantially more detrimental shall be addressed as follows:
(a)
In the case of dimensional nonconformancy, any dimension or measurement, including side, front and rear yards, height and open space, may be altered, whether increased or decreased, to the limitations permitted by zoning. Such dimensions or measurements already not in conformance with those permitted by this chapter may only be adjusted so as to reduce their difference from the chapter requirements.
(b)
In the case of a use nonconformancy, no change or adjustment in size, intensity of use, or nature of use shall be granted which shall be deemed to increase the objectionable quality of the original nonconforming use, including but not limited to traffic, parking, noise, light and glare, hours of operation, unsightly storage or conditions, objectionable odors, neighborhood character, safety, overcrowding and pollution.
(3)
One or two-family dwelling change. For the purposes of this Subsection C, the following activities are deemed not to increase the nonconforming nature of a lawfully preexisting nonconforming one- or two-family dwelling. Such changes are permitted by right, subject to the issuance of a building permit:
(4)
Restoration. Necessary repairs and rebuilding of nonconforming structures or signs after damage by fire, storm or similar disaster are permitted, provided that they are started within 12 months and completed within 24 months of the catastrophe and do not substantially change the character or size of the buildings or the use to which they were put prior to such damage.
(5)
Replacement. Replacement of mobile homes or commercial vehicles parked in nonconformity with the Use Regulation Schedule[1] is not permitted, even where such replacement does not increase the extent of nonconformity.
[1]
Editor's Note: The Use Regulation Schedule is included at the end of the chapter.
(6)
Isolated lots.
(a)
Any increase in lot area, width, frontage, yard, open space, or coverage requirements of this chapter shall not apply to erection, extension, alteration, or moving of a one- or two-family home on a legally created lot not meeting current requirements, provided that the applicant documents that at the time such increased requirements became applicable to it, the lot:
(b)
Such nonconforming lot may be changed in size or shape or its land area recombined without losing this exemption, so long as the change does not increase the actual or potential number of buildable lots.
§ 125-8 Court appeals.
Any person aggrieved by a decision of the Zoning Board of Appeals or of any special permit granting authority, whether or not previously a party to the proceeding, or any municipal officer or board may, as provided in MGL c. 40A, § 17, appeal to the Superior Court or to the Land Court by bringing an action within 20 days after the decision has been filed in the office of the Town Clerk.