Belchertown City Zoning Code
ARTICLE XIII
Administration
§ 145-67 Enforcement; violations and penalties.
A.
The Building Inspector/Zoning Enforcement Officer (ZEO) shall be responsible for the interpretation of this chapter.
B.
The Building Inspector/ZEO shall be the officer responsible for enforcing the provisions of this chapter. The Select Board, the Police Department and the Fire Department shall assist the Building Inspector/ZEO in such enforcement where necessary and appropriate.
[Amended 6-12-2021 ATM by Art. 14]
C.
No structure shall be constructed or changed, or changed in use, until a permit has been issued by the Building Inspector. No structure shall be occupied until a certificate of occupancy has been issued by the Building Inspector where required.
D.
The Building Inspector/ZEO shall refuse to issue any permit which would result in a violation of any provision of this chapter or a violation of the conditions or terms of any special permit or variance granted by the special permit granting authority.
E.
The Building Inspector/ZEO shall issue a cease and desist order on any work in progress or on the use of any premises, either of which is in violation of this chapter.
F.
Construction or operations under a building or special permit or zoning permit shall conform to any subsequent amendment of this chapter unless the use or construction is commenced within a period of not more than six months after the issuance of the permit.
G.
Any person or party who believes a violation of the provisions of this chapter is occurring may notify the Building Inspector/ZEO with a written signed complaint. The correspondence must specify the location and nature of the alleged violation.
(1)
The Building Inspector/ZEO shall, within 14 days:
(a)
Ascertain whether a violation exists;
(b)
Notify the party requesting enforcement of any actions or refusal to act and reasons therefor; and
(c)
Forward a copy of his correspondence to the Select Board.
[Amended 6-12-2021 ATM by Art. 14]
(2)
If the Building Inspector/ZEO determines that a violation exists, he/she shall issue a cease and desist order as described above.
H.
Any person aggrieved by a decision of the Building Inspector/ZEO may appeal to the Board of Appeals as explained in § 145-68 of this chapter.
I.
Any violation of the provisions of this chapter, the conditions of a permit granted under this chapter or any decisions rendered by the Zoning Board of Appeals or the Planning Board under this chapter shall be liable to a fine of not more than $100 for each violation. Each day that such a violation continues shall constitute a separate offense. Any such fines shall be enforceable through the Hampshire County Superior Court.
J.
In addition to the procedure for enforcement described above, the provisions of this chapter, the conditions of a permit granted under this chapter or any decisions recorded by the Zoning Board of Appeals or the Planning Board under this chapter may be enforced by the Building Inspector/ZEO by noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D, as amended. The fine for any violation disposed of through this procedure shall be $100 for each offense. Each day such violation continues without evidence of compliance or appeal shall be a separate offense.[1]
[1]
Editor's Note: See also Ch. 1, General Provisions, § 1-2, Noncriminal disposition.
§ 145-68 Board of Appeals.
[Amended 6-12-2021 ATM by Art. 14; 5-31-2025 ATM by Art. 38]
There is hereby established a Board of Appeals of three members and three associate members to be appointed by the Select Board, as provided by MGL c. 40A. The Board of Appeals shall have the following powers:
A.
Appeals. To hear and decide on an appeal taken by:
(1)
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;
(2)
The Pioneer Valley Planning Commission; or
(3)
Any person, including an officer of the Board of the Town or abutting city or town, aggrieved by an order or decision of the Building Inspector/ZEO or other administrative official in violation of any provision of this chapter or MGL c. 40A. If the appeal is filed by someone other than the original applicant, appellant or petitioner, then each appellant, whether or not previously constituting parties in interest for notice purposes, shall also sufficiently allege and must plausibly demonstrate through credible evidence that measurable injury to a private legal interest, which is special and different to such appellant, that will likely flow from the order or decision.
B.
Variances. To authorize upon appeal, upon petition with respect to particular land or structures, a variance from the terms of this chapter.
(1)
Such a variance shall be granted only if all of the following conditions have been met:
(a)
Circumstances exist which relate to the soil conditions, shape or topography of the land or structures and especially affect such land or structures but do not generally affect the zoning district in which they are located;
(b)
Literal enforcement of this chapter will result in a substantial hardship, financial or otherwise; and
(c)
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.
(2)
All applications for variances shall be made in writing on forms furnished by the Board of Appeals and located in the Town Clerk's office and shall be accompanied by a plan indicating the following:
(a)
Location of premises, showing dimensions, abutting and nearby streets and ways and the zoning of all properties shown; and
(b)
Location and dimensions of all proposed structures.
(3)
If the rights authorized by the variance are not exercised within one year from the date such variance was granted, they shall lapse and shall be reestablished in accordance with MGL c. 40A.
(4)
Variances shall only be issued following a public hearing held in accordance with MGL c. 40A, §§ 10 and 11.
§ 145-69 Special permits.
[Amended 6-12-2021 ATM by Art. 14]
The Planning Board, the Board of Appeals or the Select Board, whichever this chapter designates as the special permit granting authority (SPGA) for a particular class of special permits, shall hear and decide applications thereof. If there is no designation as to the SPGA, then the Board of Appeals shall be the SPGA. Any application for a special permit shall be addressed to the designated authorizing board and shall be filed by the applicant with the Town Clerk, who shall record the date thereon and at once transmit a copy to the authorizing board.
A.
Special permits. The SPGA shall issue a special permit for an exception under the following conditions:
(1)
The SPGA shall grant special permits which:
(a)
Are found not to be detrimental to the established or future character of the Town and the neighborhood;
(b)
Will not nullify or substantially derogate from the intent or purpose of the zoning district in which they are located; and
(c)
Are in harmony with the general intent and purpose of this chapter. Conditions, safeguards and limitations on time or use may be imposed when deemed appropriate.
(2)
All applications for a special permit shall be made in writing on forms furnished by the SPGA and located in the Town Clerk's office and shall be accompanied by the following and any other information as required elsewhere in this chapter:
(a)
Location of premises, showing dimensions; abutting properties, with name and address of owners; abutting and nearby streets and ways; and the zoning of all properties shown.
(b)
Location and dimensions of all proposed structures, including signs and other proposed advertising devices.
(c)
Location and number of parking spaces and loading accommodations.
(d)
Location of all wetlands, streams and water bodies.
(e)
Pedestrian and vehicular circulation, with particular attention given to their safety, convenience, ingress and egress.
(f)
Potentially hazardous situations involving the effects of noise, odor, glare or vibrations on properties in the area.
(g)
Type and location of all proposed outdoor lighting.
(h)
Where appropriate, the location and type of material proposed for buffers and screening.
(i)
Topography.
(3)
Misrepresentation of any of the required plan items shall be cause to revoke a special permit.
(4)
In accord with MGL c. 40A, special permits issued by the SPGA shall require a two-thirds vote of boards with more than five members, a vote of at least four members of a five-member board and a unanimous vote of a three-member board.
(5)
All special permits shall lapse within two years from the date the permit was granted, unless noted otherwise within this chapter and unless substantial use or construction has commenced in accord with MGL c. 40A, § 9, as amended.
(6)
In the case of a lawful nonconforming use which exists on the effective date of this chapter in a district where such uses require a special permit, such use shall be deemed to have received its special permit. Such permit shall be without limitations, except for those requirements which may have been imposed on said use on the effective date hereafter.
(7)
The SPGA shall submit one copy of said application and plan to all appropriate boards (Planning Board, Select Board, Board of Health and Conservation Commission) for their review. Said boards shall make recommendations as they deem appropriate and shall send copies thereof to the SPGA in accordance with MGL c. 40A.
(8)
If the requested use is within the Wetlands Protection District or the Floodplain District, the applicant shall submit a determination of applicability of the Wetlands Act (MGL c. 131, § 40). If the determination has been made by the Conservation Commission that the terms of the Massachusetts Wetlands Protection Act are applicable, the SPGA shall condition any special permit on the submission of the order of conditions, as described in that Act (MGL c. 131, § 40).
(9)
Special permits shall only be issued following a public hearing held in accordance with MGL c. 40A, §§ 9 and 11.
(10)
No special permits may be authorized for a use or activity not generally permitted in the district in which the land or structure is located.
B.
Alternate voting member on special permit applications.
(1)
Where the Belchertown Planning Board has been designated as the special permit granting authority, in accord with MGL c. 40A, § 9, one associate member may be appointed as an alternate voting member authorized to hear and vote upon decisions on special permit applications.
(2)
The Planning Board Chairman shall designate the alternate to sit on the Planning Board only for purposes of acting on a special permit application in the case of absence, inability to act or conflict of interest of a regular member or a vacancy on the Board.
(3)
The alternate voting member authorized to act on special permit applications to the Planning Board shall be selected in accord with the provisions of MGL c. 41, § 81A for filling a vacancy occurring in the Board by other than the expiration of a term by appointment of the Select Board and the members of the Planning Board.
(4)
The term of the alternate voting member of the Planning Board for special permit applications shall be for one year or, in the case of an unexpired term, until the Annual Town Meeting. The alternate voting member shall be reappointed or replaced in accord with Subsection B(3) of this section.
§ 145-70 Amendments.
This chapter may be amended at an Annual or Special Town Meeting in accordance with the provisions of MGL c. 40A, § 5.
§ 145-71 Severability.
The invalidity of any section of this chapter shall not invalidate any other section or provision thereof.