Lakeville City Zoning Code
ARTICLE VIII
Administration
§ 270-8.1 Enforcement.
[Amended 11-8-2021 STM by Art. 9, AG approved 12-15-2021]
This bylaw shall be enforced by the Building Commissioner appointed by the Select Board, and upon any well-founded information as to a violation, immediate steps to enforce this bylaw in any manner provided by law shall be taken. If the Building Commissioner declines to act upon a written request to proceed against an alleged violation, he shall notify, in writing, the party making such request of the reasons for nonaction within 14 days of the receipt of such request.
§ 270-8.2 Board of Appeals.
A.
Membership; powers and duties.
(1)
The Board of Appeals shall consist of five citizens of the Town appointed by the Select Board.
[Amended 11-8-2021 STM by Art. 9, AG approved 12-15-2021]
(2)
The length of terms shall be such that the term of one member expires each year.
(3)
The Board of Appeals must elect a Chairman from within its own membership and a Clerk each year.
(4)
A member can only be removed for cause by the appointing authority and only after written charges have been made and a public hearing has been held.
(5)
Vacancies shall be filled in the same manner as appointments. The Select Board shall also appoint in like manner two or more associate members of the Board of Appeals. An associate member shall be designated by the Chairman of the Board of Appeals to sit on the Board in case of absence, inability to act or conflict of interest on part of any member or in the event of a vacancy until it is filled.
[Amended 11-8-2021 STM by Art. 9, AG approved 12-15-2021]
(6)
No member shall act in any case in which he may have a personal or financial interest.
(7)
The Board of Appeals shall be the permit granting authority and the special permit granting authority, except as may be otherwise specifically provided by this bylaw, with the powers and duties as defined herein and in Chapter 40A of General Laws.
B.
Method of appeal. Any person aggrieved because of an inability to obtain a permit or enforcement action from any administrative office or board may appeal from such decision to the Board of Appeals.
C.
Variances. The Board of Appeals shall have the power to authorize with respect to a particular building or parcel of land a variance from any of the terms of this bylaw where, owing to circumstances relating to the soil conditions, shape or topography and especially affecting said building or parcel, but not affecting generally the district in which it is located, a literal enforcement of the provisions of this bylaw would involve substantial hardship to the petitioner and where desirable relief may be granted without substantial detriment to the public good and without substantial derogation from the intent or purpose of this bylaw, as provided in MGL c. 40A, § 10.
D.
Public hearing and notice. In the case of every appeal made to said Board and of every application for a special permit or variance made to it under the provisions of this bylaw, the Board of Appeals shall hold a public hearing to consider the appeal or application in question and shall cause a notice thereof to be published in a newspaper of general circulation in the Town and posted on the bulletin board in the Town Office Building not less than 14 days before the date set for said hearing and shall cause a copy of the notice to be sent postage prepaid to parties in interest as outlined in MGL c. 40A, § 11.
§ 270-8.3 Conformance required; lapse of special permit.
Any construction of operation under a special permit or building permit shall conform to subsequent zoning amendments, unless such construction or operation is commenced within six months after the issuance of such permit or permits and if construction continues to completion as expeditiously as is reasonable. If construction or substantial use under a special permit has not commenced within two years after the issuance of such permit, except for a good cause and including any time needed to await the determination of any court appeal, the special permit shall lapse and become void.
§ 270-8.4 Appeals.
Any person aggrieved by the decision of the Board of Appeals or other special permit granting authority may appeal to the Superior Court or Land Court as provided by Chapter 40A of the General Laws within 20 days after such decision has been filed with the Town Clerk.
§ 270-8.5 Violations and penalties.
[Added 6-5-2000, AG approved 7-5-2000]
Any person violating any provisions of this bylaw, any of the conditions under which a permit is issued, or any decision rendered by the Board of Appeals may be fined not more than $50 for each offense. Each day that such violation continues shall constitute a separate offense. When enforced in accordance with the provisions of MGL c. 40, § 21D, the penalty shall be as follows: first offense $100; second offense $200; and third offense $300.
§ 270-8.6 Legal aspects.
A.
The invalidity of any section or provision of this bylaw shall not affect the validity of any other provision thereof.
B.
This bylaw may be amended by a two-thirds vote of any Town meeting following the procedure provided by Chapter 40A, including a duly advertised public hearing by the Planning Board.
C.
Amendments shall take effect upon being voted by the Town Meeting, provided they are subsequently approved by the Attorney General or 90 days elapses after referral to the Attorney General without such approval, and provided further that such amendments are published or posted as provided in MGL c. 40, § 32. In the event an amendment is disapproved by the Attorney General, the provisions of this bylaw in effect prior to such amendment shall be deemed to have been and remain in force.
§ 270-8.7 Temporary licenses.
[Added 6-16-2003, AG approved 9-9-2003; amended 6-14-2004, AG approved 9-16-2004; 6-3-2019, AG approved 9-13-2019; 6-23-2020, AG approved 9-18-2020]
Notwithstanding the other provisions of this bylaw, the owner and occupier of a residence which has been unintentionally destroyed or the owner of a conforming lot under this bylaw and permitted for building a single-family residence may apply for a license from the Building Commissioner to place a mobile home as defined herein and to reside in such home for a period not to exceed 12 months while the residence is being built or rebuilt. Any such mobile home shall be subject to the provisions of the State Sanitary Code.[1] Such a license may be issued for a period of six months and may be reserved by written request 30 days prior to expiration for an additional six months due to unforeseen circumstances or other unavoidable delays.
A.
Upon application from the owner of a parcel of land, the Building Commissioner may issue a temporary license to place a mobile home, as defined herein, on such land of the applicant for a temporary residence of transient, nonpaying guests for a period not to exceed three months. Such license shall be nonrenewable. Any such mobile home shall be subject to the provisions of the State Sanitary Code.
B.
Upon application from the owner of a parcel of land, the Building Commissioner may issue a temporary license to place an unoccupied mobile home, as defined herein, for storage on such lot for a period not to exceed one year, but may be renewed annually.
C.
Upon application from the owner of a parcel of land, the Building Commissioner may issue a temporary license to place a storage box, as defined herein, on the subject property to be used for storage of vehicles or other personal property for a period not to exceed one year and may be renewed annually subject to review by the Building Commissioner.
D.
Definitions.
MOBILE HOME
Same as "house trailer," meaning a dwelling unit built on a chassis and containing complete electrical, plumbing and sanitary facilities, designed and intended to be moved as a unit to a fixed location and installed on a permanent or a temporary foundation or support for use as stationary living quarters. This definition shall not include a travel or camping trailer, which is a vehicle designed to travel on highways on rubber-tired wheels and used as living quarters for a period not to exceed several weeks at any one location.
STORAGE BOXES, TRAILERS
Any trailer completely enclosed or covered in any way; shipping containers, also referred to as "cargo boxes"; and trailers which are or were part of a tractor trailer unit. This definition shall not include a travel or camping trailer, which is a vehicle designed to travel on highways on rubber-tired wheels and used for recreational purposes.
[1]
Editor's Note: See 105 CMR 410.00.
