Hadley City Zoning Code
SECTION VI
Administration
§ 6.1 Enforcement.
6.1.1.
This bylaw shall be enforced by the Zoning Enforcement Officer appointed by the Selectmen. No building shall be built or altered and no use of land or a building shall be begun or changed without a permit having been issued by the Building Inspector, and any construction, alteration or use under a building or special permit shall conform to any subsequent amendment of this Zoning Bylaw unless the construction, alteration or use is commenced with a period of 12 months from the date of issuance of the permit and, in case of construction, unless said construction is continued through to completion as continuously and expeditiously as is reasonable. No building shall be occupied until a certificate of occupancy has been issued by the Building Inspector. Any person violating any provision of the bylaw may be fined not more than $300 for each offense. Each day that said violation continues shall constitute a separate offense.
[Amended 5-5-2011 ATM by Art. 18; 5-3-2012 ATM by Art. 25; 5-4-2017 ATM by Art. 22]
6.1.2.
Any person violating any provision of the Zoning Bylaw may be fined under the Town of Hadley general bylaw "Noncriminal Disposition Violations and Penalties."[1]
[Added 5-1-2003]
Violation of Zoning Bylaw: | |
|---|---|
First offense | $100.00 |
Second offense | $200.00 |
Third and subsequent offenses: | $300.00 |
Each day that said violation continues shall constitute a separate offense. |
§ 6.2 Board of Appeals.
There is hereby established a Board of Appeals of three members and two associate members to be appointed by the Selectmen, as provided in MGL c. 40A, which shall act on all matters within its jurisdiction under this bylaw in the manner prescribed in MGL c. 40A.
6.2.1.
The Board of Appeals shall have the following powers:
6.2.1.1.
Appeals. To hear and decide an appeal taken by any person aggrieved by reason of his or her inability to obtain a permit or enforcement action from any administrative official under the provisions of this bylaw or MGL c. 40A or by an officer or board of the Town aggrieved by an order or decision of the Building Inspector or other administrative official in violation of any provision of this bylaw or MGL c. 40A.
[Amended 5-5-2011 ATM by Art. 18]
6.2.1.2.
Special permits. To grant a special permit for uses provided by sections of this bylaw, provided that the use involved will be in harmony with the general purpose and intent of the bylaw and shall not be substantially more detrimental to the established or future character of the neighborhood and Town, subject to such appropriate conditions or safeguards as the Board of Appeals shall deem necessary. See Section 6.5.
[Amended 5-4-2017 ATM by Art. 22; 5-5-2022 ATM by Art. 22]
6.2.1.3.
Variances. To grant upon appeal or upon petition in cases where a particular use is sought with respect to a particular land or structure a variance from the terms of this Zoning Bylaw where the Board of Appeals find that, owing to circumstances relating to soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which they are located, a literal enforcement of the provisions of this bylaw would involve substantial hardship, financial or otherwise, to the appellant 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 this bylaw.
6.2.2.
Filing requirements. Any application for an appeal, special permit, or variance or petition shall be filed with the Town Clerk of the Town, who shall be deemed to be the agent of the permit granting authority under this bylaw and MGL c. 40A. Any such application for an appeal, special permit, or variance must be filed in duplicate in accordance with the rules and regulations promulgated by the permit granting authority. Upon filing, the Town Clerk shall forthwith forward the original application to the Board of Appeals or the Planning Board, whichever is the permit granting authority, and retain one copy as required by law in the office of the Town Clerk. The content of said application shall be governed by the rules and regulations promulgated by the permit granting authority.
[Amended 5-5-2011 ATM by Art. 18]
§ 6.3 Amendment.
§ 6.4 Validity.
[Amended 5-2-2013 ATM by Art. 21]
6.4.1.
The invalidity, unconstitutionality, or illegality of any provision of this Zoning Bylaw or boundary shown on the Zoning Map shall not have any effect upon the validity, constitutionality, or legality of any other provision or boundary.
6.4.2.
If any provision of this Zoning Bylaw or Zoning Map is found to be invalid by a court of competent jurisdiction, the remainder of the Zoning Bylaw and Zoning Map shall remain in full force. The invalidity of any provision of this Zoning Bylaw or Zoning Map shall not affect the validity of the remainder of the town’s Zoning Bylaw or Zoning Map.
6.4.3.
The provisions of this Zoning Bylaw and Zoning Map are severable, and, in the event that any provision of this Zoning Bylaw or Zoning Map are determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.
§ 6.5 Special permits.
[Added 5-5-2022 ATM by Art. 22]
6.5.1.
The applicant shall file an application for a special permit with the special permit granting authority (SPGA) and immediately thereafter shall file a copy of the application, including the date and time of filing certified by the SPGA, with the Town Clerk. The form and contents of the application shall be in accordance with the rules and regulations of the SPGA.
6.5.2.
The SPGA shall hold a public hearing within 65 days of receipt of a special permit application and shall take final action no later than 90 days from the closing of the public hearing. Notification requirements for a public hearing shall be in accordance with MGL. c. 40A, § 11.
6.5.3.
Unless otherwise specified herein, special permits shall be granted by the SPGA only upon its written determination that the beneficial effects of the proposed use outweigh its adverse 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. The decision shall include determinations that all the following criteria for granting a special permit are met:
6.5.3.1.
The use is in harmony with the general purpose and intent of this bylaw;
6.5.3.2.
The use is in an appropriate location and is not detrimental to the neighborhood and does not significantly alter the character of the zoning district;
6.5.3.3.
Adequate and appropriate facilities will be provided for the operation of the proposed use;
6.5.3.4.
The proposed use will not be detrimental or otherwise offensive to the adjoining zoning districts and neighboring properties due to the effects of lighting, odors, smoke, noise, sewage, refuse materials, or visual or other nuisances;
6.5.3.5.
The proposed use will not cause undue traffic congestion in the immediate area;
6.5.3.6.
The proposed use is consistent with the Hadley Master Plan; and
6.5.3.7.
Any other finding expressly required in this bylaw for specific uses. The SPGA findings shall be made part of the record of the public hearing.
6.5.4.
Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the SPGA may deem necessary to serve the purposes of this Zoning Bylaw. Such conditions may include but shall not be limited to the following:
6.5.4.1.
Deadline to commence construction per MGL c. 40A, § 9.
6.5.4.2.
Dimensional standards more restrictive than those set forth in this bylaw.
6.5.4.3.
Limitations on signage, number of vehicles or parking spaces, noise, or hours of operation of construction equipment.
6.5.4.4.
Limitation of size, method or hours of operation, extent of facilities, or other operating characteristics of a use.
6.5.4.5.
Requirements pertaining to integrated emergency or alarm systems, maintenance, landscaping, dust control, wastewater disposal or water supply, bond or other performance guarantee.
6.5.4.6.
Requirements for independent monitoring, at the expense of the applicant, and reporting to the Zoning Enforcement Officer, if necessary to ensure continuing compliance with the conditions of a special permit or of this bylaw.
6.5.4.7.
Term for years with or without automatic renewals, to the extent allowed by law.
6.5.4.8.
Requirements pertaining to tree protection, maintenance, or replacement.
6.5.4.9.
Other limitations as may be reasonably related to reducing any adverse impact on, or increasing the compatibility of the proposed use, structure or activity with, the surrounding area.
6.5.5.
Special permits shall lapse within three years from the grant thereof, which shall be deemed to be the date of the decision of the SPGA in the office of the Town Clerk (but which shall not include such time required to pursue or await the determination of an appeal under MGL c. 40A, § 17), if a substantial use thereof has not sooner commenced except for good cause, or, in the case of a special permit for construction, if construction has not begun by such date except for good cause.
6.5.6.
Special permits shall not take effect until filed with the Town Clerk and recorded with the Hampshire Registry of Deeds or the Hampshire Registry District of the Land Court. Proof of recording with the Registry of Deeds or Registry District of the Land Court shall be presented to the Zoning Enforcement Officer and to the SPGA.
6.5.7.
Any SPGA may hire professional consultants at the applicant's expense pursuant to MGL c. 44, § 53G to assist with review of a special permit application, provided that the procedures for hiring outside consultants are set forth in the applicable board's rules and regulations or policies.