It shall be unlawful for any owner or person to erect, construct, reconstruct, convert or alter a structure or change the use, or extend the use of any building, sign or other structure or lot without applying for on the forms provided for and receiving from the Building Commissioner the required permit therefor. For purposes of administration, such permit and application procedure involving a structure may be made at the same time and combined with the permit required under the most recent code adopted by the City Council. Where the application does not involve a structure but only a lot, a permit shall be applied for and may be issued.

The following shall be exempt from this section:

Where authorization of a use of land or of a structure is required by the Board of Appeals or City Council, a copy of such written authorization shall be sent by the Clerk of the Board or Council to the Building Commissioner within 14 days of granting of approval and shall be received by the Building Commissioner prior to the issuance of a permit. In addition, the Building Commissioner in such cases where the Board or Council has granted a limited or conditional zoning variance or special permit shall not issue a permit until the applicant submits an affidavit from the Essex County Registry of Deeds that such authorization of the Board or Council has been recorded. Furthermore, the Building Commissioner shall not issue a permit where approval by the Mayor, State Department of Natural Resources and the State Department of Public Works for the filling of wetlands; and/or a certificate of appropriateness from the Historic District Commission, if and when required; and/or a covenant or offer for acceptance of open space, until these requirements are met in writing. Authorization for a permit shall be null and void if the applicant has not obtained his permit from the Building Commissioner after one year from the date of approval of his application by the City Council or the Board.

It shall be unlawful to use or occupy any structure or lot for which a permit is required herein without the owner applying for and receiving from the Building Commissioner a certificate of use and occupancy. Such certificate may be combined with the one which may be issued under the Building Code. The Building Commissioner shall take action within 14 days of receipt of an application for a certificate of use and occupancy. Failure of the Building Commissioner to act within the 14 days shall be considered approval.

Fees shall be as established by the City Council. Current fees are on file in the office of the City Clerk.

The Building Commissioner shall serve a notice of violation and order to any owner or person responsible for the erection, construction, reconstruction, conversion or alteration of a structure or change in use, or extension of use of any building, sign or other structure or lot in violation of any approved plan, information or drawing pertinent thereto; or in violation of a permit or certificate issued under the provisions of this chapter, and such order shall direct the immediate discontinuance of the unlawful action, use or condition and the abatement of the violation. Any owner or person responsible who has been served with a notice and ceases any work or other activity, shall not leave any structure or lot in such a condition as to be a hazard or menace to the public safety, health, morals or general welfare.

Any owner or person who violates or refuses to comply with any of the provisions of this chapter may, upon conviction, be fined a sum of up to $300 per day, for each offense. Each day, or portion of a day, that any violation is allowed to continue shall constitute a separate offense.

There is hereby created a Board of Appeals of five members and two associate members. As terms expire, the Mayor shall make appointments in the month of December for a term of office commencing on the following first day of January, for a term of five years for the five regular members and for a term of one year for the two associate members, so that the term of one regular member and the two associate members shall expire each year. If a vacancy should occur during the course of the year, the Mayor shall fill such vacancy within 45 days in the same manner as an original appointment; the appointee shall serve for the unexpired term remaining for the position. The Administrator of the Department of Planning and Development or his designee shall act as an ex officio adviser (sharing all the responsibilities of a regular Board member except not the voting privilege) to the Board.

The Board of Appeals shall exercise the powers and perform the duties prescribed for a Board of Appeals under the provisions of MGL c. 40A and 40B, or any amendments thereto. Any action of such board, under such sections, shall be in accordance with and subject to the terms thereof. The Board's powers are as follows:

Applications shall be filed in accordance with the rules and regulations of the Board of Appeals. An application shall not be deemed complete until all copies of required information and documentation have been filed with the Board of Appeals.

Special permits and variances may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the special permit or permit granting authority may deem necessary to serve the purposes of this chapter.

The Board of Appeals may adopt rules and regulations for the administration of its powers.

The Board of Appeals may adopt reasonable administrative fees and technical review fees for applications for special permits, petitions for variances, administrative appeals, and applications for comprehensive permits.

An appointed Planning Board of nine members is hereby established.

The Planning Board shall have the following powers:

The Planning Board shall adopt rules and regulations not inconsistent with the provisions of the Zoning Bylaw for conduct of its business and otherwise carrying out the purposes of said Chapter 40A,[1] and shall file a copy of such rules in the office of the City Clerk.

The Planning Board may adopt reasonable administrative fees and technical review fees for applications for special permits.

The Planning Board, Zoning Board of Appeals, and the City Council shall serve as the SPGA when designated in this chapter.

Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the proposed use or structure(s) shall not cause substantial detriment to the neighborhood or the City, taking into account the characteristics of the site and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this chapter, such determination shall include consideration of each of the following:

Applications shall be filed in accordance with the rules and regulations of the SPGA. An application shall not be deemed complete until all copies of required information and documentation have been filed with the special permit granting authority.

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 chapter.

An applicant for a special permit shall submit a plan in substantial conformance with the requirements the SPGA's rules and regulations.

Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months 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 City Clerk.

The SPGA may adopt rules and regulations for the administration of this section.

The SPGA may adopt reasonable administrative fees and technical review fees for applications for special permits.

No appeal, application or petition which has been unfavorably and finally acted upon by the Board of Appeals (City Council, where applicable) shall be acted favorably upon within two years after the date of final unfavorable action, unless the Board of Appeals finds by a vote of 4/5 of its members (the City Council, where applicable, finds by a vote of 2/3 of its 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 gives written consent thereto, prior to consideration by the Board of Appeals (City Council, where applicable), and after public notice as set forth in MGL c. 40A, § 11 is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered.

A filing fee in the amount of $150 shall accompany the application and shall cover the costs for advertising both the City Council and Planning Board public hearings and processing of the petition.

A Clerk of the Works: Building and a Clerk of the Works: Roadway/Utilities shall each be required to inspect all multifamily residential developments requiring approval.

A minimum of eight weeks and a maximum of 12 weeks prior to the start of construction, the developer shall notify the City Engineer of the intended date for commencement of construction. The developer shall be notified at that time of the hourly rate for inspections which shall be applicable to the project for the ensuing 12 months. At the end of each twelve-month period, the rate shall be adjusted to the then established rate.

The developer shall pay the City the full cost of the Clerk's inspections for each thirty-day inspection period. The City Engineer, at the close of each thirty-day period, shall send a written billing statement to the developer specifying the number of inspection hours and dollar amount expenses incurred. All amounts shall be due on the date of billing. Any unpaid amounts shall accrue interest at a rate of 14% per annum. Accrued interest shall be waived for all billing statements paid within 30 days following the date of billing.

The developer, at the time of filing with the Planning Board a request for the release of lots from the approved covenant in consideration of a proposed method of guaranteeing the construction of roadway and utilities, shall increase the performance guaranty amount by the cost of 180 hours of inspection. This amount shall remain on file and shall not be released until the completion and acceptance by the Board of all construction covered under the performance guaranty.

In the event that a developer does not request releases from covenant, he shall deposit with the City Treasurer an amount equal to 180 hours of inspection to remain on file until the completion of all roadway/utility work necessary to service those lots for which building permits have been issued. This amount shall be returned to the developer upon completion and acceptance by the Board of the required construction.

The City Treasurer shall provide written acknowledgment to the City Engineer and Planning Board upon receipt of any deposit/payment by a developer.

A developer's failure to deposit/pay the required inspection costs shall cause outstanding building permits to be suspended, and no new permits or revocation of any suspended permit shall be issued until the account is brought up to date.

Under the FHA, it is a discriminatory practice to refuse to make "a reasonable accommodation in rules, policies, practices, or services when such accommodation may be necessary to afford [a handicapped] person equal opportunity to use and enjoy a dwelling" [42 U.S.C. § 3604(f)(3)(B)]. The same standard applies under the ADA, which also addresses nonresidential facilities providing services to persons with disabilities [42 U.S.C. 12112(b)(5)]. The purpose of this section is to facilitate housing and/or services for persons with disabilities and to comply fully with the spirit and the letter of the FHA and, where applicable, the ADA.

Any person eligible under the FHA or any provider of housing to persons eligible under the FHA, or any person eligible to operate a nonresidential facility providing services to persons eligible under the ADA, may request a reasonable accommodation as provided by the Fair Housing Act and/or the ADA. A request for a reasonable accommodation does not affect a person's or provider's obligations to act in compliance with other applicable laws and regulations not at issue in the requested accommodation.

All requests for reasonable accommodation under the FHA and/or the ADA shall be submitted to the Zoning Board of Appeals (ZBA).

All requests for reasonable accommodation shall be in writing and provide, at a minimum, the following information:

The ZBA shall hold a public hearing using the procedures, including notice, set forth in MGL c. 40A, §§ 11 and 15. The deadlines imposed in MGL c. 40A, § 11 or § 15 may be extended upon the request of the applicant and the approval of the ZBA. The ZBA may seek information from other City agencies in assessing the impact of the requested accommodation on the rules, policies, and procedures of the City. Upon written notice to the ZBA, an applicant for a reasonable accommodation may withdraw the request without prejudice. The ZBA shall consider the following criteria when deciding whether a request for accommodation is reasonable:

The ZBA's decision pursuant to this section may be appealed to a court of competent jurisdiction in accordance with MGL c. 40A, § 17 or otherwise.

The ZBA shall maintain a file of all requests for reasonable accommodation under the FHA and/or the ADA and a file of all decisions made on such requests. The file(s) may be reviewed in the Office of the ZBA upon request during regular business hours.

While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the premises that is the subject of the request shall remain in full force and effect.

The provisions of this section shall apply only to requests for reasonable accommodation made after _____, 2017.[1] Any person who has previously submitted a request for reasonable accommodation may resubmit the request for processing pursuant to the procedures set forth in this section.

The purpose of this section is to provide for site plan review of Table 1: Table of Use and Parking Regulations, Uses B.3, B4, and B.5, which are otherwise "exempt" pursuant to G.L. c. 40A, § 3.[1]

Prior to the issuance of any building permit or certificate of occupancy, the establishment, alteration, change, extension, or reconstruction of Uses B.3, B.4, or B.5, as set forth in Table 1: Table of Use and Parking Regulations, shall require site plan approval from the Planning Board pursuant to this section.

Under this section, Site Plan Review shall be limited to two inquiries:

All applications for Site Plan Review shall be in writing and provide, at a minimum, the following information:

In addition, the applicant shall submit a site plan with the following information:

The Planning Board may approve, approve with conditions, or deny an application for site plan approval. In making its decision, the Board shall be guided exclusively by MGL c. 40A, § 3. The Board shall file a written decision with the Town Clerk within 90 days of receipt of the application. Failure to file a decision within 90 days shall constitute approval of the site plan.

Any appeal of the Planning Board's decision shall be made pursuant to MGL c. 40A, s. 17, to a court of competent jurisdiction.