Groveland City Zoning Code
ARTICLE XIV
Administration and Enforcement
§ 50-14.1 Permits.
This bylaw shall be administered and enforced by the Building Inspector/Zoning Enforcement Officer. Pursuant to the State Building Code, the Building Inspector shall require such plans and specifications as shall be necessary to determine compliance with all pertinent laws of the commonwealth; buildings, structures or signs shall not be erected, substantially altered, moved, or changed in use and land shall not be substantially altered or changed in principal use unless in compliance with then-applicable zoning, and after all necessary permits have been received under federal, state, or local law.
§ 50-14.2 Enforcement.
The Building Inspector/Zoning Enforcement Officer shall institute and take any and all such action as shall be necessary to enforce full compliance with any and all of the provisions of this bylaw and of building and occupancy permits and variances issued thereunder, including notification of noncompliance and request for legal action through the Board of Selectmen to the Town Counsel.
A.
If the Building Inspector is informed or has reason to believe that any provision of this bylaw or any permit or decision thereunder has been, is being, or is about to be violated, the Building Inspector shall make an investigation of the facts, including the inspection of the premises where the violations may exist. Where written complaint is made to the Building Inspector, the Building Inspector shall take action upon such complaint within 14 days of receipt thereof and shall report such action in writing to the complainant.
B.
If the Building Inspector finds no violation or prospective violation, any person aggrieved by said decision, or any officer or board of the Town, may within 30 days appeal to the Board of Appeals.
C.
If the Building Inspector finds a violation or prospective violation, the Building Inspector shall give immediate notice in writing to the owner and to the occupant of the premises and shall order the person(s) in lawful control of the premises to cease and desist and refrain from such violation. Any person aggrieved by said decision, or any officer or board of the Town, shall within 30 days appeal to the Board of Appeals.
D.
If, after such order, such violation continues and no appeal to the Board of Appeals is taken within 30 days, the Building Inspector may forthwith make application to court for an injunction or order restraining the violation and may take such other action as is necessary to enforce the provisions of this bylaw.
E.
If, after action by the Building Inspector, appeal is taken to the Board of Appeals, and after a public hearing the Board of Appeals finds that there has been a violation or prospective violation, the Building Inspector may issue an order to cease and desist and refrain from such violation unless such order has been previously issued. If such violation then continues, the Building Inspector may forthwith make application to court for an injunction or order restraining the violation and may take such other action as may be necessary to enforce this bylaw.
F.
Construction or operations under a building permit or special permit shall conform to any subsequent amendment of this bylaw unless the use or construction is commenced within a period of 12 months after issuance of the permit; additionally, in cases involving construction begun within such twelve-month period, such construction shall be continued through to completion as continuously and expeditiously as is reasonable.
§ 50-14.3 Penalties; noncriminal disposition.
In addition to the procedures for enforcement as described in § 50-14.2, above, the provisions of this bylaw, including the conditions of a permit granted under this bylaw, or any decisions rendered by the Zoning Board of Appeals or Planning Board under this bylaw, may be enforced by the Building Inspector by noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D. Each day that each violation continues shall constitute a separate offense. The penalty for a violation of any provision of this bylaw shall be $100 for the first offense, $200 for the second offense, and $300 for each subsequent offense.
§ 50-14.4 Board of Appeals.
A.
Establishment. There is hereby established a Board of Appeals in the Town of Groveland consisting of five regular members to be appointed by the Board of Selectmen, as provided in MGL c. 40A. Three associate members shall be appointed in like manner to serve, upon designation by the Chairman of the Board, in case of vacancy, inability to act, or conflict of interest on the part of a member of said Board.
B.
Powers. The Board of Appeals shall have and exercise all the powers granted to it by MGL c. 40A, c. 40B, and c. 41 and by this bylaw. The Board's powers are as follows:
(1)
Unless otherwise specified herein, the Board of Appeals shall serve as the special permit granting authority for which express provision is made in this bylaw.
(2)
To hear and decide appeals or petitions for variances from the terms of this bylaw, with respect to particular land or structures, as set forth in MGL c. 40A, § 10.
(3)
To hear and decide appeals taken by any person aggrieved by reason of their inability to obtain a permit or enforcement action from any administrative officer under the provisions of MGL c. 40A, §§ 8 and 15.
(4)
To hear and decide appeals by any person aggrieved by any order or decision of the Building Inspector or other administrative official in violation of any provision of MGL c. 40A or of this bylaw. (See MGL c. 40A, § 8.)
(5)
To issue special permits to extend or alter a nonconforming use or structure, pursuant to MGL c. 40A, § 6, and Article V of this bylaw.
(6)
To hear and decide comprehensive permits for construction of low- or moderate-income housing by a public agency or limited-dividend or nonprofit corporation, as set forth in MGL c. 40B, §§ 20 through 23.
C.
Rules. The Board may adopt rules not inconsistent with the General Laws and the provisions of this bylaw for conducting its business and shall file a copy thereof with the Town Clerk.
D.
Meetings. Meetings of the Board shall be held at the call of the Chairman and also when called in such other manner as the Board shall determine in its rules. The Chairman or, in his absence, the Acting Chairman may administer oaths, summon witnesses and call for the production of papers.
E.
Filing of appeals. Appeals under MGL c. 40A, § 8, must be filed within 30 days after the administrative decision or action from which the appeal is being taken. Initial applications for special permits or variances, where not in the nature of an appeal from an administrative order or decision, may be filed at any time.
F.
Notice of appeals and petitions. Notice of any appeals, application or petition to the Board of Appeals shall be filed with the Town Clerk, who shall forthwith transmit copies thereof to the officer or board from whose order or decision the appeal is taken, if any, and to the members of the Board of Appeals. Such officer or board shall forthwith transmit to the Board of Appeals all documents and papers constituting the record of the case from which the appeal was taken. Any such notice of appeal, application or petition shall specify the grounds thereof.
G.
Hearings. Public hearings shall be held pursuant to MGL c. 40A, § 11, on all appeals, applications for special permits and applications or petitions for variance.
H.
Decisions.
(1)
The Board of Appeals may, in conformity with the General Laws and the provisions of this bylaw, reverse or affirm, in whole or in part, or may modify any order or decision and may make such order or decision as ought to be made and, to that end, shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit.
(2)
The decision of the Board shall be made as follows:
(3)
The Board shall cause to be made a detailed record of its proceedings, showing the vote of each member upon each question or, if absent or failing to vote, indicating such fact and setting forth clearly the reason or reasons for its decision, and of its other official actions, copies of all of which shall be immediately filed in the office of the Town Clerk and shall be public record. Notice of decisions shall be mailed forthwith to parties in interest as designated in MGL c. 40A, § 11, to the Planning Board and to every person present at the hearing who requests that notice be sent to him and states the address to which such notice is to be sent.
§ 50-14.5 Planning Board.
A.
Associate Member. The Planning Board and the Board of Selectmen may jointly appoint an Associate Member to the Planning Board as provided in MGL c. 40A, § 9. The term of each such appointment shall be for no more than one year, and shall terminate on the June 30th immediately following such appointment. The Chairman of the Planning Board may designate the Associate Member to sit on the Board for purposes of acting on a special permit application, in the case of the 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 Board.
B.
Removal. The Board of Selectmen and the Planning Board may together remove a duly appointed alternate member for cause unless such removal is otherwise prohibited or restricted by law.
§ 50-14.6 Special permits.
Special permits, where granted, must be in harmony with the general purpose and intent of this bylaw, and they shall be subject to whatever appropriate conditions and safeguards the special permit granting authority may prescribe.
A.
Criteria. Special permits shall be granted by the special permit granting authority only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the Town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any other specific factors and/or special permit requirements that may be set forth elsewhere in this bylaw, the determination shall include consideration of each of the following:
(1)
Social, economic, or community needs which are served by the proposal;
(2)
Traffic flow and safety, including parking and loading;
(3)
Adequacy of utilities and other public services;
(4)
Neighborhood character and social structures;
(5)
Impacts on the natural environment;
(6)
Potential fiscal impact, including impact on Town services, tax base, and employment; and
(7)
Consistency with the Town of Groveland Community Development Plan or the Town of Groveland Master Plan.
B.
Procedures. An application for a special permit shall be filed in accordance with the rules and regulations of the special permit granting authority.
C.
Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the special permit granting authority may deem necessary to serve the purposes of this bylaw.
D.
Fees. The special permit granting authority may require the payment of reasonable administrative fees and technical review fees for review of any special permit application.
E.
Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within three years following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof) with the Town Clerk.
§ 50-14.7 Variances.
A.
A variance from the terms of this bylaw may be granted only where the Board of Appeals specifically finds that:
(1)
Owing to circumstances relating to the soil conditions, shape or topography (but not size) 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 this bylaw would involve substantial hardship, financial or otherwise, to the petitioner; and
(2)
Desirable relief may be granted without substantial detriment to the public good, and without nullifying or substantially derogating from the intent or purpose of this bylaw.
(3)
Failure to establish any of the standards shall constitute grounds to deny a petition for a variance. A variance may not be granted if the circumstance creating the hardship was self-created. The loss of the protection afforded a nonconforming use under the provisions of this bylaw is not a substantial hardship justifying the grant of a variance.
B.
If the Board grants a variance, it may impose conditions, safeguards and limitations, both of time and of use, including the continued existence of any particular structures. The Board may not impose conditions, safeguards or limitations based upon the continued ownership of the land or structures by the petitioner or any owner.
C.
The Board of Appeals shall not approve any changes in the uses permitted in any zoning district or approve any modification of the requirements of this bylaw that would have the effect of allowing the establishment of a use not otherwise permitted.
D.
The Board of Appeals shall not hear, decide or grant use variances from the provisions of this bylaw.
§ 50-14.8 Repetitive petitions.
A.
Variances and special permits. No appeal, application or petition which has been unfavorably and finally acted upon by the special permit granting or permit granting authority shall be acted favorably upon within two years after the date of final unfavorable action unless said special permit granting authority or permit granting authority finds, by a unanimous vote of a board of three members or by a vote of four members of a board of five members or two-thirds vote of a board of more than five members, specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the record of its proceedings, and unless all but one of the members of the Planning Board consents thereto and after notice is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered.
B.
Zoning bylaws. No zoning ordinance or bylaw which has been unfavorably and finally acted upon by a Town Meeting shall be considered by the Town Meeting within two years after the date of such unfavorable action unless the adoption of such bylaw is recommended in the final report of the Planning Board (MGL c. 40A, § 5, as amended).