Dalton City Zoning Code
ARTICLE XX
Administration and Enforcement
§ 350-124 Administration.
[Added 6-26-2006 STM by Art. 27]
A.
This bylaw shall be administered by the Select Board through the Zoning Enforcement Officer appointed by the Board. No building permit or certificate of occupancy shall be granted by the Inspector of Buildings for any purpose except in compliance with the provisions of this bylaw or a written order of the Board of Appeals or the courts.
B.
The Dalton Zoning Enforcement Officer may request assistance from the Dalton Planning Board to determine if a zoning violation does, or does not, exist. If such a request is made, the Dalton Planning Board shall make a recommendation by majority vote and refer the matter back to the Zoning Enforcement Officer.
§ 350-125 Building permits.
No building or structure shall be erected, moved, added to, structurally altered or demolished without a permit therefor issued by the Inspector of Buildings. Failure to obtain a suitable permit shall be a violation of this bylaw and punishable as provided herein.
A.
Application for building permit. All applications for building permits shall be accompanied by plans and specifications in triplicate, drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact sizes and locations on the lot of all existing and proposed buildings and structures, the lines within which the proposed buildings or structures shall be erected or altered, sill elevation of proposed buildings, the existing or intended use of each building, the location of sewerage disposal systems, source of water supply, provision for necessary storm drainage, and such other information as may be necessary to provide for the administration and enforcement of this bylaw.
(1)
In case the proposed building would result in the construction of more than one principal building on a single lot, the plan shall indicate for each such principal building the boundaries of the land area set aside as the site for each building and provide thereon all such areas, width, frontage, yards and open spaces as are required in this bylaw for such a building within the district in which it is located. In no case shall more than one dwelling be allowed on a lot.
(2)
One set of such plans and specifications shall be made when approved as part of the building permit issued to the applicant. A copy of such permit shall be sent to the Planning Board, and a copy shall be kept with the records maintained by the Inspector of Buildings.
B.
Expiration of building permits. If the work described in any building permit has not begun within six months or if the work described in any building permit has not been completed within two years of the date of issuance thereof, said permit shall expire and be canceled by the Inspector of Buildings, and written notice thereof shall be given to the owner, together with notice that further work as described in the canceled permit shall not proceed unless and until a new building permit has been obtained. A one-time extension of the permit may be granted for a period of not more than six additional months after which time the owner shall be deemed to be in violation of the Zoning Bylaw and the provisions of § 350-131 shall apply.
§ 350-126 Certificate of occupancy.
It shall be unlawful to use or permit the use of any building, structure, or premises or part thereof, hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure, until a certificate of occupancy shall have been issued therefor by the Inspector of Buildings, stating that such building or premises or part thereof and the proposed use thereof are in conformity with the provisions of this bylaw or an order of the Board of Appeals.
A.
A temporary certificate of occupancy may be issued by the Inspector of Buildings for a period not exceeding six months during alterations or partial occupancy of a building pending its completion, provided that such temporary certificate may include such conditions and safeguards as will protect the safety of the occupants and the public.
B.
The Inspector of Buildings shall maintain a record of all certificates of occupancy, and a copy shall be transmitted to any person or Town Board upon request.
C.
Failure to obtain a certificate of occupancy shall be a violation of this bylaw and punishable as provided herein.
§ 350-127 Construction and use in violation of approved plans prohibited.
Building permits or certificates of occupancy issued on the basis of plans and applications approved by the Inspector of Buildings, the Select Board, the Planning Board or the Board of Appeals authorize only the use, arrangement and construction as set forth in such approved plans and applications. Use, arrangement, or construction at variance with that authorized shall be deemed a violation of this bylaw and punishable as provided herein.
§ 350-128 Notice of violation.
A.
If the Zoning Enforcement Officer shall find or shall have reasonable grounds to believe that any of the provisions of this bylaw are being violated, he shall notify in writing the person responsible for such violations and the record owner of the premises, indicating the nature of the violation and ordering the action necessary to correct it. He shall order discontinuance of illegal use of land, buildings or structures, removal of illegal buildings or structures or of illegal additions, alterations, or structural changes; discontinuance of any illegal work being done; or shall take any other authorized action to ensure compliance with or to prevent violation of its provisions.
B.
If the Zoning Enforcement Officer is requested in writing to enforce this bylaw against any person allegedly in violation of it and the Zoning Enforcement Officer declines to act, he shall notify in writing the party requesting such enforcement of any action or refusal to act, and the reasons therefor within 14 days of receipt of such request.
§ 350-129 Effect of bylaw changes on building or special permits.
Construction or operation under a building or special permit shall conform to any subsequent amendment of this bylaw unless the permit is issued before the first publication of the required notice of public hearing by the Planning Board regarding such amendment, and the use or construction is commenced within a period of not more than 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.
§ 350-130 Application forms, schedule of fees, charges and expenses.
Town boards or officers may by order establish application forms and a schedule of fees, charges and expenses and a collection procedure for building permits, certificates of occupancy, special permits, appeals and other like matters pertaining to this bylaw. Until all such applicable fees, charges and expenses have been paid in full, no action shall be taken on any application or appeal.
§ 350-131 Violations and penalties.
[Amended 5-3-1999 STM by Art. 19]
A.
Criminal penalties. Whoever shall be cited in violation of any provision of this bylaw or fails to comply with any of its requirements, shall upon conviction thereof, be fined not more than $300 for each offense. Each day the violation continues after citation constitutes a separate violation and shall be accumulated retroactively to the date of citation. Nothing herein contained shall prevent the Town from taking such other lawful action as it deems necessary to prevent or remedy any violation.
B.
Noncriminal disposition. In addition to the procedures for enforcement as previously described, the provisions of this Zoning Bylaw may also be enforced by the Zoning Enforcement Officer, by noncriminal disposition pursuant to the provisions of MGL c. 40, § 21D.