Dartmouth City Zoning Code
ARTICLE 34
Zoning Enforcement
§ 375-34.1 Zoning Enforcement Officer.
A.
The Zoning Bylaw shall be administered and enforced by the Building Commissioner who is hereby designated as Zoning Enforcement Officer.
B.
The Zoning Enforcement Officer may request assistance from other Town employees or Boards in his enforcement duties. This assistance may take the form of site inspections, opinions, recommendations, or any other form appropriate to the situation.
§ 375-34.2 New applications submitted to Zoning Enforcement Officer.
A.
The procedure for the submittal and review of proposal applications, including fees, shall be set forth in writing by the Zoning Enforcement Officer. Said procedure may be reviewed and updated periodically as deemed necessary by the Zoning Enforcement Officer, and shall be filed with the Town Clerk.
B.
If the proposal requires a special permit, application shall also be made to the appropriate Special Permit Granting Authority, in accordance with MGL Chapter 40A, Section 9, and the Zoning Bylaw.
C.
The Zoning Enforcement Officer shall review all applications for zoning compliance and, when satisfied the proposal complies in its entirety with zoning, shall issue a statement as to compliance of the proposed project.
D.
The Zoning Enforcement Officer shall not approve any project application which produce or result in noise, odors or other physical characteristics that would injure others, be dangerous to the public health, or have such a character and magnitude as to constitute an annoyance to a person of ordinary sensibilities, and/or materially impair such person's enjoyment of his property, notwithstanding any other provision of this by-law.
E.
In the event that two or more provisions of the Zoning By-law conflict concerning a proposal application, the most restrictive shall apply unless the proposal is specifically exempted by a provision of zoning.
F.
The following govern certificates of occupancy:
(1)
No building or structure erected, altered, or in any way changed as to construction or use under a permit or otherwise, and no parking facility or premises shall be occupied or used without a Certificate of Occupancy signed by the Zoning Enforcement Officer. The Certificate of Occupancy shall not be issued until the building, structure, or premises and its uses comply in all respects with zoning. Certificates of Occupancy for non-residential buildings and structures shall lapse upon vacancy or sale.
(2)
Temporary Certificates of Occupancy relative to zoning issues may be issued if the following conditions are met:
(a)
The Zoning Enforcement Officer determines that the project is in substantial compliance with the necessary approvals and regulations.
(b)
Public health, safety and welfare will not be compromised.
(c)
A listing of outstanding issues to be addressed is attached to the temporary Certificate of Occupancy.
(d)
The temporary Certificate of Occupancy is issued for a period not to exceed six months. No time extension is available, and a subsequent temporary Certificate of Occupancy shall not be issued. If the project has not addressed all outstanding issues at the time the temporary Certificate of Occupancy expires, the property shall be considered to be in violation of this bylaw.
§ 375-34.3 Enforcement.
A.
Any person may request, in writing, that the Zoning Enforcement Officer make a determination as to how zoning applies to a certain property. The Zoning Enforcement Officer shall respond to such written request within 14 days.
B.
Any person may request, in writing, that any alleged violation of the Zoning Bylaw be enforced. The Zoning Enforcement Officer shall respond to such written request within 14 days.
C.
The Zoning Enforcement Officer shall also initiate enforcement of any violation of the Zoning By-law once such violation is brought to his attention and has been determined to exist.
D.
All owners of land in the Town of Dartmouth are responsible for maintaining compliance with the Zoning By-law as it applies to their property; this includes zoning decisions by the Permit Granting Authority and other Special Permit Granting Authorities.
§ 375-34.4 Violations and penalties.
A.
Once the Zoning Enforcement Officer (ZEO) determines that a violation of the Zoning Bylaw or a violation of a zoning decision exists, the ZEO shall issue a "Letter of Violation" to the offender or may issue a "Ticket" under the non-criminal disposition process as set out in the General Bylaw of the Town.[1] A violation of a zoning decision shall include the failure to comply with any provision or condition imposed in a zoning variance or special permit decision.
B.
A "Letter of Violation" shall, and a "Ticket" may, provide a deadline for compliance which deadline may be extended if, in the opinion of the ZEO, the offender is proceeding with due diligence to comply.
(1)
If the offender is not in compliance as described in the "Letter of Violation" after the deadline has passed, the ZEO shall issue a "Ticket" for the violations and may also seek compliance through judicial proceedings, including injunctive relief.
(2)
The offender shall be fined $300 for each offense that continues after the time for compliance; and each day that the offender fails to comply beyond the deadline for compliance shall constitute a separate offense.
C.
Certificates of Occupancy are issued conditional on the owner maintaining full compliance with the Zoning By-law and zoning decisions as they may apply to the property. Failure to maintain full compliance may result in the suspension and/or revocation of the Certificate of Occupancy.
§ 375-34.5 Appeals.
A.
Any person aggrieved by a decision of the Zoning Enforcement Officer made under the provisions of the Zoning By-law may appeal that decision under the provisions and timelines of MGL Chapter 40A, Sections 8 and 15.