Avon City Zoning Code
ARTICLE XII
Administration and Enforcement
§ 255-12.1 Enforcement authority; impact fees.
A.
The provisions of this bylaw shall be enforced by the Building Inspector of the Town of Avon.
B.
It shall be the prerogative of the Avon Planning Board to determine and assess "impact fees" for any development within the Town in collaboration with any and all boards, commissions, departments or other Town entities.
§ 255-12.2 Permits; site plans.
A.
It shall be unlawful for any person to erect, construct, reconstruct, or alter a structure without applying for and receiving from the Building Inspector a building permit. It shall be unlawful for any person to change the use or lot coverage, or extend or displace the use of any building, structure, or lot without applying for and receiving from the Building Inspector a use permit.
B.
Permits shall be applied for by filing an application in writing with the Building Inspector. The Building Inspector shall not issue any permit unless the plans for the building, and the intended use thereof, in all respects fulfill the provisions of this bylaw, except as may have been specifically permitted otherwise by the Board of Appeals, or the Planning Board, under powers available to them, and provided a copy of such authorization is attached to the application and to the resulting permit which may be issued. In order to assure that a sufficient supply of water is available for the intended use for which the permit is requested, the Building Inspector shall secure the endorsement of the Department of Public Works to that effect. In order to assure that the sewage disposal system is sufficient to service the requirements of the use for which the building permit is requested, and to assure the public health needs of the Town of Avon and its inhabitants are safeguarded, prior to the issuance of a building permit shall secure the endorsement of the Avon Board of Health to that effect.
C.
Each application for a permit to build, alter, or move a building shall be accompanied by a plot plan in such number of copies and drawn to such a scale as is required by the Building Inspector. Each such plot plan shall show dimensions and areas of lots and of structures and sewage disposal systems, to be erected, altered, or moved, and adjacent streets or ways. Such plot plans shall accurately indicate dimensions and angles of all lot lines shown thereon; also any streets or ways. Such plot plans shall indicate approved street grades and proposed elevations of the tops of foundations. Also, such plot plans shall show the locations of existing sanitary sewers, storm drains, and water pipes in any street shown and the locations of all existing buildings and structures within the application area.
D.
Site plan requirement.
(1)
No building or structure, except one- or two-family dwellings and their accessory buildings, shall be erected, enlarged or changed in use, except in conformity with a site plan bearing an endorsement of approval by the Planning Board. Said site plan shall show the owner of record, location, zone boundary lines, easements, or other legal restrictions, exact location of building(s) on the lot with side, front and rear dimensions, lot dimensions, topography, adjacent public ways, location of off-street parking, lighting, utility systems, surface drainage, traffic flow, location and nature of open spaces with specific notations as to landscaping, locus plan, and other details deemed necessary by the Planning Board. Upon written request of the applicant, the Planning Board may waive or substantially reduce the site plan submission requirements for projects having limited or minor impacts consistent with the purposes of this bylaw.
(2)
Site plan review requirements.
(a)
Applicants shall submit an original and seven copies of their site plan to the Town Clerk, who shall give the applicant a dated receipt. Within four days, the Town Clerk shall transmit one copy each to Planning Board, the Board of Health, the Building Inspector, the Highway Superintendent, the Department of Public Works, the Board of Appeals and the Conservation Commission and shall transmit written notice of the availability of the plans to the Fire and Police Departments, Within 90 days of filing such application, the review boards and officers shall evaluate the application and the site plan with regard to the conditions and standards set forth in this bylaw and related agency regulations and policies and shall submit comments to the Planning Board. Within 90 days of the receipt by the Town Clerk of the site plan, the Planning Board shall conduct a site plan review at a properly posted open meeting and shall notify the applicant of the date, time and place of the meeting.
(b)
The Planning Board shall not act without considering the reports of the review boards and officers unless 90 days from the date of filing have passed without receipt of such reports.
(c)
The Planning Board shall note major recommendations of the review boards and officers in its decision and shall explain any major divergence from such recommendations.
(d)
Failure of the Planning Board to act within 90 days of the filing of the application shall be deemed approval of the application and site plan. Where a proposed development also falls under subdivision control, the applicant shall include information required for a definitive plan according to the current rules and regulations for the subdivision of land.[1] However, Planning Board endorsement under this bylaw shall not constitute approval under the Subdivision Control Law.
(e)
The board with ultimate jurisdiction in a given case (i.e., the Planning Board or the Zoning Board of Appeals which is the designated special permit granting authority for specific specially permitted uses) shall consider any advisory site plan review report in its decision and shall explain any major divergence from that report's recommendations.
(3)
Site plan specifications:
(a)
The plan shall be submitted at the scale of at least one inch equals 20 feet or, in large plots, one inch equals 40 feet.
(b)
There shall be submitted, at the same scale as the site plan, a surveyed plan of existing site features, including the size of the property, the topography at two-foot contour intervals and any bedrock outcroppings; general soil types as indicated on soil maps from the United States Natural Resources Conservation Service; vegetation, including accurate locations of wooded areas and major trees; and any existing roadways, structures or other significant man-made and natural features.
(c)
In order to allow adequate consideration of the surroundings, a plan of adjacent properties shall be presented at a scale of one inch equals 100 feet or at the same scale as and combined with the site plan or surveyed plan, if practical. This plan will show the general characteristics of all lands within at least 300 feet of the proposed site, including structures and their use, parking areas, driveways, pedestrian ways and other significant features, the zoning districts for the area and the location of the property within the Town.
(d)
Required information; waivers.
[1]
The site plan and any other drawings necessary shall precisely indicate the following:
[a]
Area of the site, boundary lines, dimensions of the lot(s), plot and lot numbers from Assessors' records, zoning districts, the names of the owner(s) of record and of all abutting owners of record and the North point; two perspective renderings and plan(s) of all buildings and structures.
[b]
Existing and proposed topography, using two-foot contours, and bedrock outcroppings, if any.
[c]
Location of any existing structures, access roads, driveways, driveway openings, parking spaces, hydrants and service and loading areas located on or within 100 feet of the development site.
[d]
Proposed vehicular circulation system, including pavement widths, location and dimensions of driveway entrances and exits, fire lanes, pedestrian ways, bicycle ways and other transportation routes, parking areas and signs.
[e]
All proposed structures, including their area, dimensions, exact location, if known, relation to topography and proposed use.
[f]
Number and type of dwelling units and unit mix, if known.
[g]
Service access and facilities for all structures or uses, including garbage and trash disposal facilities.
[h]
Location of water supply and wastewater disposal facilities.
[i]
Existing and proposed site drainage, including the general location of any drainage swales, wetlands, streams, ponds, Housing and Urban Development/Federal Emergency Management Agency or other designated floodplain areas, kettleholes, wells and any mapped water supply protection, conservancy or floodplain protection zoning districts within 200 feet of the site, along with a note summarizing the drainage calculations and explaining any design not providing a zero increase in runoff for a twenty-five-year storm.
[j]
The location of all open space, including its intended use, existing trees and other vegetation to be retained, specific new plantings by size and location and the entity intended to own and maintain them.
[k]
Final contours and measures and structures to minimize erosion and siltation during construction.
[l]
Significant site appurtenances such as walls, light poles showing the direction of outside lighting, recreation areas and any fencing, screening or signs.
[m]
All rights-of-way and easements, existing and proposed.
[n]
Names and stamps of the responsible registered land surveyor, landscape architect or civil engineer.
[o]
Indication of the meeting of any specific requirements established in the zoning bylaw not already provided for.
[2]
The Planning Board may waive specific requirements when they are inappropriate to a given proposal.
(4)
Site plan review. In considering a site plan, the Planning Board shall seek to assure reasonable use of the site according to the following criteria:
(a)
Protection of adjoining premises against detrimental uses of the site during and after construction.
(b)
The convenience and safety of vehicular and pedestrian traffic movement within the site and movement to and from the site, considering adjacent streets, property and improvements and alternate routes between the site and nearby destinations.
(c)
Adequacy of the methods for controlling surface water during and after construction, particularly the potential for minimal or zero increase in storm runoff for storms of up to the twenty-five-year interval.
(d)
Provision for the off-street loading and operation of vehicles incidental to the normal operation of the establishment.
(e)
Functional and aesthetic compatibility of the development with uses existing or allowed on adjacent properties.
(f)
Residential privacy provided by site and unit layout.
(g)
Adequacy of the site for any expansion allowed by applicable density standards.
(h)
Landscaping. An area designed and developed using a combination of trees, shrubs, ground covers, grass and other elements such as natural features of the site, walks and terraces for the purpose of enhancing the natural, scenic and aesthetic qualities of a site.
(5)
Site plan review fee. Applicants requiring site plan review shall make available to the Planning Board funds sufficient to cover any expenses connected with the review of plans, including but not limited to the costs of any engineering or planning consulting services necessary for technical review purposes.
§ 255-12.3 Previously approved permits.
Construction or operations under a building or special permit issued prior to the adoption of this bylaw, or any subsequent amendment of it, shall conform to any subsequent amendments unless the use or construction is commenced within a period of not less than six months after the issuance of the permit and in cases involving construction is continued through to completion as continuously and expeditiously as is reasonable.
§ 255-12.4 Certificates of occupancy.
A.
It shall be unlawful to occupy any structure or lot for which a building or use permit is required herein without the owner applying for and receiving from the Building Inspector a certificate of occupancy.
B.
The certificate of occupancy shall state that the building and use comply with the provisions of the bylaw and of the State Building Code, as it is applicable in Avon, in effect at the time of issuance. No such certificate shall be issued unless the building and its use and its accessory uses and the uses of all premises are in conformance with the provisions of this bylaw and the Building Code at the time of issuance. A certificate of occupancy shall be conditional on prior approval of the Board of Health where applicable, on the adequacy of parking space and other facilities as required by this bylaw, and shall lapse if such areas and facilities are used for other purposes.
C.
A certificate of occupancy shall be required for any of the following in conformity with the Building Code and this bylaw:
D.
The certificate of occupancy shall be applied for coincidentally with the application for a building permit and shall be issued within 10 days of written notice that the lawful erection or alteration of the building is complete. Such notice shall be accompanied by an "as built" plan (the erection or alteration as it was actually constructed). Failure of the Building Inspector to act within 10 days shall be considered approval. Such certificates of occupancy shall be posted by the owner of the property in a conspicuous place for a period of not less than 10 days after issuance. A temporary certificate of occupancy may be issued where a bond or similar means is used to secure the construction for a designated period of time.
§ 255-12.5 Permit and certificate fees.
Fees shall be established by the Building Inspector unless the Town, by a Town Meeting vote, has established another schedule.
§ 255-12.6 Enforcement procedures.
The Building Inspector shall enforce the provisions of this bylaw, as provided in this section.
A.
If written complaint is made to the Building Inspector, or if he has reason to believe that any provision of this bylaw is being or is about to be violated, he shall make or cause an investigation to be made of the facts. Where complaint is made to the Building Inspector, he shall take action upon such complaint within 14 days of receipt thereof and shall report such action in writing to the complainant.
B.
If the Building Inspector finds no violation or prospective violation, any person aggrieved by his decision, or any officer or board of the Town, may, within 30 days appeal, to the Board of Appeals.
C.
If the Building Inspector finds a violation or prospective violation, he shall give immediate notice in writing to the owner and to the occupant of the premises and shall order him to cease and desist and refrain from such violation. Any person aggrieved by his decision, or any officer or board of the Town, may, within 30 days, appeal to the Board of Appeals.
D.
If, after such order, such violation continues and no appeal to the Board of Appeals is taken within 30 days, the Building Inspector shall forthwith make application to the Superior Court for an injunction or order restraining the violation and shall take such other action as is necessary to enforce the provisions of the bylaw.
E.
If, after action by the Building Inspector, appeal is taken to the Board of Appeals, and after a public hearing the Board of Appeals finds that there has been a violation or prospective violation, the Building Inspector shall issue an order to cease and desist and refrain from such violation unless such order has previously been issued under Subsection C.
F.
If such violation then continues, the Building Inspector shall forthwith make application to Superior Court for an injunction or order restraining the violation and shall take such other action as may be necessary to enforce this bylaw.
§ 255-12.7 Violations and penalties.
Penalties for violations of any provision of this bylaw may, upon conviction, be affixed in an amount not to exceed $300 for each offense. Each day or portion of a day that any violation is continued shall constitute a separate offense.
§ 255-12.8 Board of Appeals.
A.
Composition; term of office. The Board of Appeals shall consist of five members. The term of office of each member shall be for five years, so arranged that the term of office of one member shall expire each year.
B.
Associate members. In addition to the regular members, there shall be two associate members of the Board of Appeals. The term of office of an associate member shall be for two years, so arranged that the term of office of one associate shall expire each year.
C.
Appointment. Members, and associate members, of the Board of Appeals shall be appointed by the Select Board. The five regular members shall include a member from the Planning Board, a member from the Board of Health, and a member of the Fire Department. Any vacancy in the office of a member or associate member shall be filled by the Select Board for the balance of the unexpired term, if any.
[Amended 1-28-2023 STM by Art. 9]
D.
Removal. Any member or associate member of the Board of Appeals may be removed by the Select Board, upon written charges and after a public hearing.
[Amended 1-28-2023 STM by Art. 9]
E.
Organization. The Board of Appeals shall annually elect a Chair from its own number and a Clerk. Subject to appropriation, the Board of Appeals may employ experts, clerical, and other assistants.
[Amended 1-28-2023 STM by Art. 9]
F.
Power and duties.
(1)
The Board of Appeals shall have the following powers and duties:
(2)
In exercising the powers granted to it by this bylaw, and under the provisions of MGL c. 40A, the Board of Appeals may make orders or decisions, reverse or affirm, in whole or in part, or modify any order or decision, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit.
G.
Rules. The Board of Appeals shall adopt rules, not inconsistent with the provisions of this bylaw, for the conduct of its business and for the purposes of MGL c. 40A. An up-to-date copy of such rules shall be kept on file in the office of the Town Clerk.
H.
Voting. The concurring votes of four members of the Board of Appeals shall be necessary to reverse any order or decision of any administrative official or to effect any variance in the application of this bylaw.
I.
Substitution of associate members. In case of the absence, inability to act, or conflict of interest on the part of any regular member of the Board of Appeals, the Chair or, if such absence, inability or conflict is in the Chair, then the Clerk of the Board of Appeals, may designate an associate member to sit on the Board of Appeals until such absence, inability, or conflict is removed, or the vacancy filled.
[Amended 1-28-2023 STM by Art. 9]
§ 255-12.9 Variances.
The Board of Appeals may grant a variance from the terms of the applicable provisions of this bylaw, but only in conformity with the provisions of this section.
A.
Notice. Notice of the filing of a petition for a variance from the applicable provisions of this bylaw shall be given by publication and posting as required by MGL c. 40A, § 11, and by mailing to all parties in interest, as therein defined.
B.
Public hearing. The Board of Appeals shall hold a public hearing concerning each such petition for a variance from the applicable provisions of this bylaw as is received by it. The petitioner and any interested party may present evidence or testimony designed to assist the Board of Appeals in reaching a decision.
C.
Findings. Based upon evidence produced at the public hearing, the Board of Appeals must make the following specific findings in order to grant a variance:
(1)
That there exist special circumstances relating to soil conditions, shape, or topography of the specific land or structures;
(2)
That said circumstances do not generally affect the zoning district in which the land or structure is situated;
(3)
That a literal enforcement of the provisions of this bylaw would involve substantial hardship, financial, or otherwise, to the petitioner (or appellant);
(4)
That desirable relief might be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purposes generally of this bylaw.
D.
Use variance. The Board of Appeals may not grant a variance to authorize a use or an activity not otherwise permitted in the district in which the land or the structure is located.
E.
Conditions. In granting a variance under this section, the Board of Appeals may impose conditions and safeguards, both of time and use, including the continued existence of any particular structures.
F.
Lapse. If the rights granted by a variance under this section are not exercised within one year of the date of grant of such variance, they shall lapse. A variance which has lapsed may be reestablished only after notice and a new hearing, as provided above.
§ 255-12.10 Zoning Administrator.
A.
Appointment. The Board of Appeals may appoint a Zoning Administrator, to serve at its pleasure. The appointment shall be subject to confirmation by the Select Board.
[Amended 1-28-2023 STM by Art. 9]
B.
Qualifications. The Select Board may establish qualifications for the office of Zoning Administrator by the concurring vote of at least four of its members.
[Amended 1-28-2023 STM by Art. 9]
C.
Powers and duties. The Board of Appeals may delegate some of its powers and duties to the Zoning Administrator by the concurring vote of at least four of its members.
D.
Time limitation. Any appeal, application, or petition filed with the Zoning Administrator shall be deemed denied if no decision has been issued within 35 days from the date the appeal, application, or petition was filed. A denial based on such inaction shall be subject to an appeal to the Board of Appeals, in accordance with the provisions of MGL c. 40A, § 8 and § 15.
E.
Appeal of decisions. Any person aggrieved by a decision or order of the Zoning Administrator may, within 30 days following the date the decision is filed in the office of the Town Clerk, appeal the decision or order to the Board of Appeals in accordance with the provisions of MGL c. 40A, § 13 and § 14.
§ 255-12.11 Appeal to Superior or Land Court.
Any person aggrieved by a decision of the Board of Appeals, or any special permit granting authority, whether or not previously a party to the proceeding, or any municipal officer or board may appeal to the Superior Court, or to the Land Court under MGL c. 240, § 14A, for Norfolk County, by bringing an action within 20 days after the decision has been filed in the office of the Town Clerk. The procedures for such appeal are to be found in MGL c. 40A, § 17.