Greenfield City Zoning Code
ARTICLE VIII
Administration
§ 200-58 Enforcement.
A.
Inspector of Buildings.
(1)
The Inspector of Buildings shall enforce this chapter.
(2)
The construction, alteration, or use of any building, structure, or premises shall require a permit from the Inspector of Buildings.
(3)
The Inspector of Buildings shall not issue a permit for the construction, alteration or use of any building, structure or premises in violation of any provision of this chapter.
(4)
Whenever any permit or license is refused because of some provision of this chapter, the reason therefor shall be clearly stated in writing.
B.
Violations. Any person violating any of the provisions of this chapter, or any of the conditions under which a permit, special permit, variance, or appeal is issued or granted, shall upon conviction be fined not more than $100 for each day that each violation continues following written notification by the Inspector of Buildings of such violation.
§ 200-59 Permits.
A.
This chapter or any amendment to it shall not affect any lawful permits issued or buildings begun previous to notice of hearings on the ordinance or amendments to it, as provided in MGL c. 40A, § 6, as amended.
B.
Construction or operations under a building or special permit shall conform to any subsequent amendment of this chapter unless the use or construction is commenced within a period of 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.
§ 200-60 Special permits.
A.
Special permit granting authority. The special permit granting authority shall be the Zoning Board of Appeals unless otherwise designated by this chapter, in which case the Planning Board or the Licensing Commission, whichever is designated, shall act in the same manner and be subject to the same criteria and conditions as the Zoning Board of Appeals.
B.
Filing of application and public hearing. Special permits shall only be issued following a public hearing held within 65 days from the date of filing. All applications for special permits shall be filed by the petitioner with the City Clerk. A copy of the application, including the date and time of filing, certified by the City Clerk, shall be filed forthwith by the petitioner with the special permit granting authority. An application hereunder for the development of a priority development site (PDS) shall be submitted simultaneously with any other permit application(s) required a) by this chapter or b) by the Code, generally, relating to the use or development of land, buildings or structures and not otherwise exempted by MGL c. 43D.
C.
Decision. The special permit granting authority shall take final action on an application for special permit within 90 days following the close of the public hearing; provided, however, that final action on an application for the development of a priority development site (PDS) shall be taken and a decision rendered thereon no later than 180 days from the date of submission of said application.
D.
Application procedures. Rules relative to the application, submittal requirements, and approval of special permits shall be adopted and from time to time may be amended by each special permit granting authority for special permits under its authority as specified in this chapter. Copies of rules and regulations are available from the special permit granting authority and are on file with the City Clerk.
E.
Expiration. Special permits shall expire if a substantial use thereof has not commenced, except for good cause, within two years of special permit approval (exclusive of time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof).
F.
Criteria for approval. The special permit granting authority shall grant a special permit only after finding that the proposed use or structure will not adversely impact adjacent properties, the neighborhood, the City, or the environment. The following criteria shall be considered:
(1)
Provision shall be made for convenient and safe vehicular and pedestrian circulation within the site and in relation to adjacent streets and property. The service level of adjacent streets shall not be significantly reduced due to added traffic volume or type of traffic in accordance with the most recent edition of the Highway Capacity Manual;
(2)
The proposed use shall not overload the capacity of water and sewer systems, storm drainage, schools, solid waste disposal facilities, and other public facilities;
(3)
The design of the project shall provide for adequate methods of disposal of sewage, refuse, or other wastes generated by the proposed use;
(4)
The proposed project shall not increase erosion, flooding, or sedimentation either on-site or on neighboring properties and shall be consistent with the Massachusetts Wetlands Protection Act (MGL c. 131, § 40) and Chapter 423 of the Greenfield Code;
(5)
The proposed project shall not create a significant adverse impact on the quality of the natural environment including wildlife, vegetation, air, surface and groundwater, during or after construction;
(6)
The design of the project shall minimize earth removal, volume of cut and fill, grade changes, and the removal of existing trees and vegetation;
(7)
The proposed project shall not have a significant adverse fiscal impact on the City in terms of balancing as near as possible the cost of public services and public revenue provided through taxes and other income;
(8)
The project shall be compatible with existing uses and other uses allowed by right in the district, and shall not detract from the character and scale of neighboring properties;
(9)
The design of the project shall minimize the visibility of visually degrading elements and maximize the use of screening, vegetated buffer zones, and open space;
(10)
The proposed project shall be consistent with the purposes and intent of this chapter.
G.
Phasing of development. The special permit granting authority may establish a development phasing schedule for multifamily dwellings and for open space/cluster developments regulating the annual rate at which dwelling units may be authorized by building or occupancy permits. In establishing a development phasing schedule as part of a special permit, the special permit granting authority shall consider and address in its findings the following:
(1)
The responsibility of the City to provide for at least its historic share of residential development and to provide for the City's affordable housing needs;
(2)
The ability of the City to adequately service the proposed development with schools, streets, protective services, and utilities, including consideration of items listed in the most recently published Capital Improvements Program;
(3)
Commitments already made in development phasing authorizations and the demonstrated ability of the Greenfield housing market to absorb additional units;
(4)
The developer's requested phasing schedule if one is proposed.
H.
Conditions, safeguards, limitations. In granting a special permit, the special permit granting authority may, in accordance with the Zoning Act, MGL c. 40A, impose conditions, safeguards, and limitations. Such conditions, safeguards, and limitations shall be in writing and may include but are not limited to the following:
(1)
Front, side and rear yards greater than the minimum required in this chapter;
(2)
Screening of parking areas or other parts of the premises from adjoining properties or from streets by the use of walls, fences, plantings or other such devices;
(3)
Limitations of size, number of occupants, method or time of operation or extent of facilities;
(4)
Modification to buildings, structures, signs, or landscape materials;
(5)
Additional parking, loading or traffic requirements beyond the minimum required in this chapter;
(6)
Measures to protect against environmental pollution;
(7)
Performance bond or other security to ensure that the project meets the conditions specified in the special permit;
(8)
Any other conditions when deemed necessary to protect the public health, safety, and welfare.
I.
Changes, alterations, expansion. Any substantial change, alteration or expansion of a use allowed by special permit shall require a special permit from the appropriate special permit granting authority.
§ 200-61 Site plan review and approval.
A.
Purpose. The purpose of site plan review is to ensure that new development conforms to the requirements of this chapter and is designed in a manner which reasonably protects the visual, environmental, and aesthetic qualities of the neighborhood and the City.
B.
Projects requiring site plans. The creation, expansion, substantial alteration, or change in use of the following uses shall require site plan review and approval:
(1)
All uses requiring a special permit;
(2)
Any business, commercial, industrial, or institutional use (except home occupations not requiring a special permit);
(3)
Any residential use of two or more units including subdivisions;
(4)
Any site containing more than one principal use.
(5)
Creation of an accessory dwelling unit.
C.
Procedures.
(1)
Reviewing authority.
(a)
All uses of less than 5,000 square feet of floor area shall be reviewed and approved by the Inspector of Buildings. For all site plans reviewed and approved by the Inspector of Buildings, the application for site plan and seven copies of the site plan shall be submitted and approved prior to the application for a building permit. The Inspector of Buildings shall act on the site plan within 45 days.
(b)
Site plans required as part of a special permit application shall be reviewed and approved by the appropriate special permit granting authority. Seven copies of the site plan shall be submitted with the application for special permit. The site plan shall be acted on as part of the special permit, within the time periods allowed under the Zoning Act, MGL c. 40A, and the special permits section, § 200-60 of this chapter, but a public hearing shall not be held until a response has been received from the boards/departments as required under this section or until 45 days have lapsed from the date of filing.
(c)
All other uses requiring site plan review shall be reviewed and approved by the Planning Board. Uses requiring site plan review and approval from the Planning Board shall be submitted and approved by the Planning Board prior to application for a building permit and, where development of a priority development site (PDS) is proposed, simultaneously with any other permit application(s) required a) by this chapter or b) by the Code, generally, relating to the use or development of land, buildings or structures and not otherwise exempted by MGL c. 43D. The Planning Board shall have 45 days to review and act on the site plan.
(2)
The reviewing authority shall within 10 days of receiving the application transmit one copy of the site plan to the Department of Public Works, Fire Department, Inspector of Buildings, Zoning Board of Appeals, Planning Board, Conservation Commission, Board of Health, and Historic Commission for review and comment. Failure to comment within 30 days shall be deemed as no objection to the site plan.
(3)
No building permit shall be issued for any building or structure for which site plan approval is required unless approval has been granted by the reviewing authority in compliance with this section or unless the required time period has elapsed without a response.
(4)
The reviewing authority may adopt and from time to time revise reasonable regulations for the administration of this section.
D.
Submittal requirements.
(1)
All site plans shall be prepared to scale and shall, at a minimum, accurately show the following information if applicable:
(a)
A locus map;
(b)
The name of the applicant and property owner, the name of the person preparing the plan, the scale, north arrow, and the date of plan;
(c)
The location and boundaries of the lot, adjacent streets or ways, and the location and owners' names of all adjacent properties;
(d)
Existing and proposed topography including contours, the location of wetlands, streams, waterbodies, drainage swales, areas subject to flooding, and unique natural land features showing how it enhances and preserves scenic or environmentally sensitive areas along the water frontage;
(e)
Existing and proposed structures including dimensions and interior layout of proposed structures;
(f)
An elevation plan showing front, side and rear views of the proposed structure to be built.
(g)
The location of parking and loading areas, driveways, walkways, access and egress points and distance to the nearest driveways and intersections;
(h)
The location and a description of all proposed septic systems, water supply, storm drainage systems, utilities, lighting, and refuse and other waste disposal methods;
(i)
Proposed landscape features including the location and a description of screening, fencing and plantings;
(j)
The location, dimensions, height and characteristics of proposed signs;
(k)
The location, description and percentage of proposed open space or recreation areas;
(l)
A snow removal plan;
(m)
Handicapped parking/access;
(n)
Bicycle parking;
(o)
The location and description of all existing and proposed exterior storage;
(p)
The location and description of all existing and proposed easements;
(q)
Measures to prevent pollution of surface and groundwater, increased runoff, changes in groundwater levels, and flooding;
(r)
Design features which will integrate the proposed development into the existing landscape, maintain neighborhood character, enhance aesthetic assets and screen objectionable features from neighbors and roadways;
(s)
Control measures to prevent erosion and sedimentation during and after construction and the sequence of grading and construction activities, location of temporary control measures, and final stabilization of the site;
(t)
Estimated average daily and peak hour vehicle trips to be generated by the site and traffic flow patterns for both vehicles and pedestrians showing adequate access to and from the site and adequate circulation within the site;
(u)
Any other information required by the reviewing authority in its rules and regulations.
E.
Approval guidelines. In considering any site plan submittal, the following concerns shall be reviewed:
(1)
Provision for integrating the project into the existing terrain and surrounding landscape by minimizing use of wetlands, steep slopes, and hilltops; protecting visual amenities and scenic views; preserving unique natural or historical features; minimizing tree, vegetation and soil removal; and minimizing grade changes;
(2)
The use of landscaping to establish buffers between incompatible land uses and to screen unsightly features;
(3)
The provision of open spaces and pedestrian amenities available to the public;
(4)
The arrangement of access points, service roads, driveways, parking areas, lighting, and pedestrian walkways in a manner which maximizes the convenience and safety of pedestrian and vehicular movement within the site and in relation to adjacent ways;
(5)
Ease of access, travel and on-site movement for fire and police equipment and other emergency services for public safety;
(6)
Provisions for underground placement of utilities;
(7)
Provisions for surface runoff and drainage which protects the site and adjacent properties from erosion, maximizes groundwater recharge through low-impact development (LID) stormwater techniques, and prevents the collection of surface runoff on paved surfaces which may obstruct pedestrian or vehicular flow;
(8)
The siting of buildings, structures, and open spaces to permit maximum use of passive solar energy, to permit maximum protection from adverse impacts of winds, vapors or other emissions, shadows and noise, and to provide for adequate light, air and circulation;
(9)
Protection of historic features and design which does not detract from properties in the area;
(10)
Measures to prevent pollution of surface or groundwater, and to prevent increased flooding;
(11)
Compliance with the parking, loading, dimensional, performance standards and all other sections of this chapter.
F.
Decision.
(1)
The site plan may be approved or approved with conditions. Before approval of a site plan, the reviewing authority may request the applicant to make modifications in the proposed design of the project. If the site plan does not comply with the purposes and requirements of this chapter, it may be disapproved. If disapproved, the plan may be revised and resubmitted without prejudice. Failure of any of the reviewing authorities to act on a site plan within the required time period shall constitute approval.
(2)
The reviewing authority may require the posting of security to ensure compliance with the plan and conditions. A permit or license may be suspended when work is not performed as approved.
G.
Appeals. Decisions on site plans reviewed by the Inspector of Buildings may be appealed to the Zoning Board of Appeals in accordance with § 200-63 of this chapter and with Sections 8 and 15 of the Zoning Act, MGL c. 40A. Decisions on site plans reviewed by the Planning Board or by a special permit granting authority as part of a special permit application may be appealed to superior court in accordance with Section 17 of the Zoning Act, MGL c. 40A.
H.
Expiration. Site plan approval issued under this section shall expire within two years if a substantial use thereof has not commenced except for good cause.
§ 200-62 Zoning Board of Appeals.
A.
Establishment. The Zoning Board of Appeals shall consist of five regular members and two alternate members to be appointed by the Mayor, as provided in MGL c. 40A, and the City of Greenfield Charter, Rule 9,[1] which shall act on all matters within its jurisdiction under this chapter in the manner prescribed in the Massachusetts General Laws.
B.
Powers. The Zoning Board of Appeals shall have the power to hear and decide petitions for appeals, variances, and special permits as provided for in this chapter and in accordance with the Zoning Act, MGL c. 40A.
§ 200-63 Appeals.
A.
The Zoning Board of Appeals shall hear and decide appeals from:
(1)
Any person aggrieved by reason of an inability to obtain a permit or enforcement action from any administrative officer under the provisions of MGL c. 40A;
(2)
The Franklin Regional Council of Governments, who act as the regional planning agency;
(3)
Any person including any officer or board of the City of Greenfield or of any abutting City, if aggrieved by any order or decision of the Inspector of Buildings or other administrative official, in violation of any provision of MGL c. 40A or this chapter.
B.
Any appeal shall be filed by the petitioner with the City Clerk within 30 days from the date of the order or decision which is being appealed. The notice of appeal shall specify the grounds for the appeal. A copy of the notice, including the date and time of filing certified by the City Clerk, shall be filed immediately by the petitioner with the Zoning Board of Appeals and with the officer or board whose order or decision is being appealed in accordance with the Zoning Act, MGL c. 40A, § 15.
C.
In accordance with the Zoning Act, MGL c. 40A, § 15, the Zoning Board of Appeals shall hold a public hearing within 65 days from the receipt of notice by the Board of such appeal. The Zoning Board of Appeals shall make a decision on the appeal within 100 days after the date of the filing with the City Clerk.
§ 200-64 Variances.
A.
The Zoning Board of Appeals shall hear and decide appeals or petitions for variances from the provisions of this chapter with respect to particular land or structures, provided that no variance within the Water Supply Protection District will be allowed by the Zoning Board of Appeals without a written advisory report from the Board of Health and the Greenfield Department of Public Works. Review and recommendation of the Planning Board and the Conservation Commission shall also be considered in the granting of the variance. Such variance shall be granted only in cases where the Board of Appeals finds all of the following:
(1)
A literal enforcement of the provisions of this chapter would involve a substantial hardship, financial or otherwise, to the petitioner or appellant;
(2)
The hardship is owing to circumstances relating to the soil conditions, shape or topography of such land or structures but not affecting generally the zoning district in which it is located;
(3)
Desirable relief may be granted without either substantial detriment to the public good or without nullifying or substantially derogating from the intent or purpose of this chapter.
B.
Any appeal or petition for a variance shall be filed by the petitioner with the City Clerk. A copy of the petition, including the date and time of filing certified by the City Clerk, shall be filed immediately by the petitioner with the Zoning Board of Appeals.
C.
The Zoning Board of Appeals shall hold a public hearing within 65 days from receipt of the petition for a variance by the Zoning Board of Appeals. The Zoning Board of Appeals shall make a decision on the petition for a variance within 100 days after the date of filing with the City Clerk.
D.
The Zoning Board of Appeals may impose conditions, safeguards and limitations on both time and of use, including the continued existence of any particular structures but excluding any condition, safeguard or limitation based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner, or owner.
E.
Rights granted by the Zoning Board of Appeals and not exercised within one year shall lapse and may be reestablished only after notice and a new hearing.