There shall be a board of appeals hereby established. The words "the board" when used in this section refer to such board. It shall consist of a member of the planning board to be annually appointed by the planning board, chief of the fire department and three (3) citizens of Brockton. Subject to confirmation by the city council, the mayor shall appoint three (3) citizens of Brockton, each of whom shall serve for three (3) years. Also, the mayor shall appoint three (3) associate members, citizens of Brockton, for a three-year term, subject to the confirmation of the city council. Each term shall commence the first day of April next after such appointment. The inspector of buildings shall act ex officio as secretary of the board; he shall have no vote. The board shall annually elect one of its members to serve as chairman. Members shall serve without pay but the expenses of the board shall be paid from appropriation for the building department. The board shall adopt rules for conducting its business and otherwise carrying out the purposes of the General Laws, Chapter 40A.

(Code 1965, § 27-46; Ord. No. D136, 8-27-81; Ord. No. G002, 4-12-02)

Meetings of the board shall be held at least once a month, and at such other times as the board may determine. The presence of four (4) members shall be necessary for a quorum. All the meetings of the board shall be public. The board shall keep minutes of its proceedings, showing the vote of each member, upon every question, or if absent or failing to vote, indicating the fact. Other city departments shall render the board such assistance as it may reasonably request.

(Code 1965, § 27-47)

1.

The board shall hear and decide appeals from and review any order, requirement or decision made by the inspector of buildings in the enforcement of this chapter including variances for uses not otherwise permitted in the district in which the land or structure is located.

2.

The board may grant a variance from the terms of the applicable zoning ordinance only when the board finds that owing to circumstances relating to the soil conditions or structures a variance from the terms of the applicable zoning ordinance where the board specifically finds that 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, a literal enforcement of the provisions of the ordinance would involve substantial hardship, financial or otherwise, to the petitioner or applicant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance.

3.

If the rights authorized by a variance are not exercised within one year of the date of grant of such variance they shall lapse, and may be reestablished only after notice and a new hearing and must be considered as a new appeal.

(Code 1965, § 27-48; Ord. No. D74, 7-24-78)

The board shall hear and decide applications for special permits for special uses as specified in article III, article IV and article XIV of this chapter. The board may issue special permits only following public hearings held within sixty-five (65) days after filing of an application with the board. The board may, in accordance with Chapter 40A of the General Laws, grant special permits for such designated uses without any finding of hardship. In acting upon special permits the board shall take into account the general purpose and intent of this chapter and, in order to preserve community values, may impose conditions and safeguards deemed necessary to protect the surrounding neighborhood, in addition to the applicable requirements of this chapter, such as, but not limited to, the following:

a.

Front, side or rear yards greater than the minimum required by this chapter.

b.

Screening of parking areas or other parts of the premises from adjoining premises or from the street by specified walls, fences, planting or other devices.

c.

Modification of the exterior features or appearance of the structure.

d.

Limitation of size, number of occupants, method or time of operation, or extent of facilities.

e.

Regulation of number, design and location of access drives or other traffic features.

f.

Requirement of off-street parking or other special features beyond the minimum required by this or other applicable codes or regulations.

g.

Control of the number, location, size and lighting of signs.

(Code 1965, § 27-49; Ord. No. D75, 7-24-78; Ord. No. D371, 7-28-95)

A fee of one hundred fifty dollars ($150.00) for residential and one hundred sixty dollars ($160.00) for commercial shall accompany an application for appeal of zoning ordinance, and a certificate from the tax collector stating that all taxes have been paid on the property to be considered by the zoning board of appeals. Research fees in the following amounts shall be charged:

(a)

To determine legal use of a plot, a fee of twenty-five dollars ($25.00);

(b)

To determine whether or not a lot is buildable, a fee of fifty dollars ($50.00).

(Code 1965, § 27-50; Ord. No. D102, 10-26-79; Ord. No. D162, 9-29-83; Ord. No. D181, 11-16-84; Ord. No. G047, §§ a.—c., 4-28-08)