Cohasset City Zoning Code
ARTICLE 12
Administration and Enforcement
[Amended 3-7-1960 by Art. 35; 5-1-1976 by Arts. 40, 41 and 42; 4-2-1977 by Art. 26; 4-8-1977 by Art. 38; 4-1-1978 by Art 21; 6-18-1984 by Art. 4; 4-7-1990 by Arts. 28, 29 and 31; 3-27-1993 by Art. 22; 3-25-2000 by Art. 28; 3-31-2001 by Art. 30; 11-13-2007 by Art. 4; 11-16-2009 by Art. 4; 4-28-2014 ATM by Art. 23; 4-30-2018 ATM by Art. 19; 5-24-2021 ATM by Arts. 25 and 28; 5-1-2023 ATM by Art. 25]
§ 300-12.1 Enforcement.
The Building Inspector is responsible for enforcement of this Zoning Bylaw, including enforcement of all terms and conditions of variances, special permits and site plan approval decisions issued pursuant to its provisions.
A.
The Building Inspector shall withhold a building permit for construction, external alteration, or moving of a structure that does not comply with the Zoning Bylaw.
B.
No structure or lot may be used or occupied in whole or in part until the Building Inspector issues an occupancy permit indicating that the use or occupancy complies with this Zoning Bylaw.
C.
Either on his or her own initiative, or upon receipt of a written request for enforcement, the Building Inspector shall investigate and, if appropriate, take actions necessary to prevent or restrain violations of this Zoning Bylaw.
D.
Violations of this Zoning Bylaw are punishable by a fine of up to $300 for each offense. Each day or portion of a day that a violation continues will constitute a separate offense.
E.
Any person aggrieved by the Building Inspector's denial of their written enforcement request, or by the issuance of a building permit or occupancy permit in violation of this Zoning Bylaw, or by reason of any order of the Building Inspector in violation of this Zoning Bylaw or Chapter 40A of the General Laws, may appeal to the Zoning Board of Appeals within 30 days of the action or order complained of, in accordance with the procedures set out in MGL c. 40A, §§ 8 and 15.
§ 300-12.2 Zoning Board of Appeals.
There shall be a Zoning Board of Appeals consisting of three members and three associate members, appointed by the Select Board as provided in Chapter 40A of the General Laws. The Zoning Board of Appeals shall have all the powers and duties of boards of appeals under said Chapter 40A. More specifically, the powers of the Zoning Board of Appeals include the following:
A.
To hear and decide administrative appeals pursuant to MGL c. 40A, § 8.
B.
To hear and decide applications for special permits in all matters for which the Zoning Board of Appeals is the designated special permit granting authority under this Zoning Bylaw.
C.
To hear and decide petitions for variances from requirements of this Zoning Bylaw with respect to particular land or structures, including variances from use regulations, in accordance with MGL c. 40A, § 10.
§ 300-12.3 Planning Board.
The Planning Board shall exercise the following powers and duties in accordance with this Zoning Bylaw and Chapter 40A of the General Laws:
A.
To hear and decide applications for special permits in all matters for which the Planning Board is the designated special permit granting authority under this Zoning Bylaw.
B.
To decide applications for site plan review pursuant to § 300-12.7.
C.
To hear and report upon all proposed zoning bylaws and amendments thereto in accordance with MGL c. 40A, § 5.
§ 300-12.4 Administrative rules.
The Zoning Board of Appeals and the Planning Board shall adopt and from time to time amend rules relative to the administration of their respective powers and duties under this Zoning Bylaw. Such rules shall prescribe the procedures for submission and approval, and the required size, form, contents, style, and number of copies of plans and specifications to be submitted as part of an application. Each Board shall file a copy of its rules in the office of the Town Clerk.
§ 300-12.5 Special permits.
Whenever the Zoning Bylaw authorizes the Zoning Board of Appeals or the Planning Board to issue a special permit for a particular use, activity or development, the designated special permit granting authority may issue such special permit only if it makes the findings set forth in Subsection A of this section. Where the Planning Board is the designated special permit granting authority, the Chair of the Planning Board shall designate the associate member of the Planning Board to sit on the Board for purposes of acting on the special permit application in the case of absence, inability to act, or conflict of interest on the part of any member of the Planning Board or in the event of a vacancy on the Planning Board.
A.
In granting a special permit, the special permit granting authority must make written findings that the proposed use or construction complies with the specific requirements of this Zoning Bylaw governing the subject special permit, and that satisfactory provisions have been made to prevent undue adverse effects on adjoining properties or properties in the same zoning district, after considering the following factors:
(1)
Ingress and egress to the subject property and any proposed structures thereon with reference to automotive and pedestrian safety and convenience, adequacy of off-street parking and loading areas where required, traffic flow and control, accessibility in case of fire or catastrophe, and the capacity of nearby public streets to support the added traffic safely;
(2)
Measures to ensure that the proposed use will not cause pollution of public or private water facilities; measures to ensure adequate drainage for the site, either on site or via public drainage systems where necessary; and measures to ensure that there will be no excessive demand imposed on the water supply system;
(3)
Measures to ensure that there will be no excessive noise, vibration, light, dust, smoke, heat, glare, or odor observable at the lot lines of the site;
(4)
Refuse collection and service areas, with particular reference to items in Subsection A(1) and (2) above;
(5)
Character of proposed screening and buffers, including type, dimensions, design, and materials;
(6)
Provisions for required yards and other open space;
(7)
Economic impacts on the Town, and general compatibility and harmony with existing development on adjacent properties and on other properties in the district;
(8)
The comments and recommendations, if any, of the Planning Board (if the Zoning Board of Appeals is the designated special permit granting authority), the Board of Public Health, and the Conservation Commission.
B.
Within 10 days after receipt of a complete application for a special permit, the special permit granting authority shall refer copies of the application, together with copies of any accompanying plans and supporting material, to the Board of Public Health, the Planning Board (if the Planning Board is not the designated special permit granting authority), and the Conservation Commission for their recommendations. Said Boards and Commission shall investigate the application and report their recommendations in writing within 35 days of receiving the application from the special permit granting authority. Failure of a Board or Commission to timely report its recommendations to the special permit granting authority will be deemed a lack of opposition to the application.
C.
The special permit granting authority may not take final action on a special permit application until it has received recommendations thereon from the Board of Public Health, the Planning Board (if the Planning Board is not the designated special permit granting authority), and the Conservation Commission, or unless such Boards or Commission have failed to make recommendations within 35 days of receiving the referred application.
D.
If the Zoning Board of Appeals grants a special permit that is contrary to the Planning Board's recommendations or does not incorporate such recommendations, the Zoning Board of Appeals' written special permit decision must include the reasons for not following the Planning Board's recommendations.
E.
When granting a special permit, the special permit granting authority may impose conditions, safeguards and limitations on time and use in order to ensure that the allowed use, activity, or development will comply with each of the requirements specified in this Zoning Bylaw for the subject special permit, and will not cause conditions that are detrimental to abutting properties, or to the public health, safety, or welfare, including, but not limited to, the Town's economy and the environment.
F.
A special permit will lapse after two years if a substantial use of the special permit has not sooner commenced except for good cause, or in the case of a special permit for construction, if construction has not sooner begun except for good cause. The two-year time limit for commencing substantial use or beginning construction does not include the time required to pursue or await the determination of an appeal under MGL c. 40A, § 17.
§ 300-12.6 Variances.
In accordance with MGL c. 40A, § 10, the Zoning Board of Appeals has the power to grant a variance from applicable terms of the Zoning Bylaw, including use regulations, with respect to particular land or structures, where the Zoning Board of Appeals 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 structure but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this Zoning Bylaw would involve substantial hardship, financial or otherwise, to petitioner, 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 the Zoning Bylaw.
A.
In approving a variance, the Zoning Board of Appeals may impose conditions, safeguards, and limitations both of time and of use, including the continued existence of particular structures but excluding any condition, safeguards, or limitations based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioners, or any owner.
B.
If the rights authorized by a variance are not exercised within one year of the date of the grant of such variance, they will lapse and may be reestablished only after notice and a new hearing pursuant to MGL c. 40A, § 10. However, provided that the variance holder files a written application for extension prior to the expiration of the one-year period, the Zoning Board of Appeals may extend the time for exercise of the variance for an additional period not to exceed six months. If the Zoning Board of Appeals does not grant such extension within 30 days of the extension application date, the variance rights will lapse upon expiration of the original one-year period.
§ 300-12.7 Site plan review.
Site plan review is intended to ensure that site development complies with the use and development regulations set forth in this Zoning Bylaw; to protect adjoining premises against seriously detrimental effects caused by site development; and to promote safe and environmentally sound site design.
A.
The requirements for site plan review under this section apply to any use falling within a principal use category identified with an asterisk (*) in the § 300-4.3 Table of Principal Use Regulations.
[Amended 11-13-2023 STM by Art. 13]
B.
In all instances where site plan review applies, no building permit may be issued for construction of a new building or for a substantial alteration of a building, no change in use may be made of an existing building or lot, and no parking, loading, or vehicular access may be established or substantially altered, unless a site plan has been approved in accordance with the requirements set forth below.
C.
The following definitions will apply to site plan review under this section:
CHANGE OF USE
A change in the use of all or part of a building or lot from one principal use category to another principal use category, or from an accessory use to a principal use, where the change in use results in an increase in the number of parking or loading spaces required under Article 7.
SUBSTANTIAL ALTERATION OF A BUILDING
An alteration of a single building or a group of two or more buildings located on the same lot or contiguous lots under the same ownership, that results in an increase of either 500 square feet or 10% of the existing gross floor area, whichever is less. Calculation of the increase in gross floor area will be based upon the aggregate of all increases in gross floor area made within the preceding five-year period.
SUBSTANTIAL ALTERATION OF PARKING, LOADING OR VEHICULAR ACCESS
A change in the layout or location of parking or loading spaces or access driveways, or an increase of 500 square feet or more in the area of the lot devoted to parking, loading and/or vehicular circulation. Resurfacing of existing parking, loading or driveways is not a substantial alteration.
D.
The Planning Board is responsible for administering site plan review under this section. The Planning Board shall adopt, and from time to time amend, regulations governing the form and contents of site plan review applications, and requirements for review and application fees.
E.
Procedures.
(1)
Anyone seeking site plan review under this section may obtain a site plan review application form and site plan checklist from the Planning Board office. The completed application form, together with the proposed site plan and all supplementary documentation, must be submitted to the Planning Board in accordance with the Planning Board's site plan review regulations.
(2)
Upon receipt of a complete site plan review application, the Planning Board shall circulate copies of the application to the Building Inspector, the Superintendent of Public Works, the Conservation Commission, the Sewer Commission, the Board of Public Health, the Design Review Board, and the Fire, Police, and Water Departments, with a request for submission of written comments within 14 days.
(3)
The Planning Board shall consider the site plan review application at a meeting held no less than 30 days, and no more than 45 days, after receipt of the complete application. The Planning Board may continue such meeting, as it deems necessary to ensure adequate review; but, except as provided in Subsection E(5) below, the Planning Board may not continue the site plan review meeting for more than 60 days unless requested to do so, in writing, by the applicant.
(4)
Except as provided in Subsection E(5) below, the Planning Board shall issue its written decision to the applicant, approving or disapproving the site plan, no more than 75 days after receipt of a site plan review application. The Planning Board shall transmit a copy of its site plan review decision to the Building Inspector. Failure to issue a written decision within such seventy-five-day period, or such longer time as may be agreed upon with the applicant, will be deemed an approval of the site plan as submitted.
(5)
The time limits specified in the foregoing Subsection E(3) and (4) for completing the site plan review meeting and for issuing and transmitting a written decision will not apply when the Planning Board is conducting site plan review concurrently with its proceedings on a related special permit application for the subject premises. In such cases, the Planning Board's review of the site plan may continue until the special permit hearing concludes. The Planning Board shall then issue and transmit its separate, written site plan review decision no later than the date the special permit decision is filed in the office of the Town Clerk.
F.
In reviewing a site plan under this section, the Planning Board shall consider the following factors:
(1)
Adequacy of provisions for surface water drainage, sanitary waste disposal, sound and sight buffers, and protection of natural resources;
(2)
Convenience and safety of vehicular and pedestrian movement within the site, including, but not limited to, compliance with handicapped access regulations and the safety of driveway curb cuts in relation to existing traffic conditions on the adjacent street(s);
(3)
Adequacy of provisions for storage and disposal of refuse and snow;
(4)
Convenience of parking and loading areas in relation to the contemplated use(s) of the site;
(5)
Adequacy of screening of objectionable features such as dumpsters, loading or storage areas, or large blank walls, from adjacent properties and streets;
(6)
Compliance with all other applicable requirements of this Zoning Bylaw.
G.
In approving a site plan under this section, the Planning Board may impose reasonable conditions to ensure compliance with the applicable requirements of the Zoning Bylaw, to protect adjacent properties and the neighborhood from significantly detrimental impacts of the proposed site development, and to ensure the public health, safety, and welfare.
H.
The Planning Board may disapprove a site plan only if the Planning Board finds that:
(1)
The site plan review application is not complete in accordance with the site plan review regulations; or
(2)
The proposed use and development of the site does not comply with the applicable use and development requirements of the Zoning Bylaw; or
(3)
No reasonable conditions can be devised to ensure public health, safety, and welfare by eliminating or reducing any significantly detrimental impacts that would result from development of the site as proposed.
I.
Expiration. A site plan approval issued under this section will expire unless construction commences within two years from the date of approval. The Planning Board may grant an extension of time for up to six months, provided a written request for the extension is submitted to the Planning Board before the initial two-year period has expired.
J.
Modifications. Following approval of a site plan under this section, the Planning Board may allow minor modifications of the site plan design or construction details that do not alter the intent or conditions of the approval. Otherwise, a new site plan review application will be required for the modified site plan. The Planning Board has the sole discretion to determine whether a proposed site plan modification is minor.
K.
Site plan compliance. The Building Inspector may not issue a certificate of occupancy for any use or development subject to site plan review until the site has been developed in compliance with the approved site plan. In the event completion is delayed by seasonal considerations, the Building Inspector may issue a temporary occupancy permit provided the applicant posts sufficient monetary security to ensure full compliance within six months.
