Lancaster City Zoning Code
ARTICLE XV
Administration and Enforcement
§ 220-60 Building Inspector; violations and penalties.
A.
Enforcing officer. The Building Inspector appointed under the Lancaster Building Bylaw shall enforce the Zoning Bylaws and the decisions of the Board of Appeals.
B.
Interpretation of bylaw. In the Building Inspector's interpretation and application of the bylaw, the provisions of this bylaw shall be held to be minimum requirements adopted for the promotion of its purposes. Where this bylaw imposes greater restrictions than imposed by other bylaws, the provisions of this bylaw shall control. Where there is reasonable doubt as to the meaning of any provision in this bylaw, the Building Inspector or Board of Appeals shall consult the Planning Board regarding the intent of the provision, allowing 14 days for a response before rendering a decision.
C.
Issuance of permits. The Building Inspector shall not issue a permit until he is satisfied after inspection that all the requirements of this bylaw, or of Article XIII, Standard Exemptions, insofar as applicable, have been met, except as otherwise instructed in writing by the Board of Appeals upon granting a special permit, appeal or variance. The Building Inspector shall specify in writing the reason for refusal of any permit required by this bylaw.
D.
Notice and penalties for violations.
(1)
Any suspected violation of this bylaw shall be inspected, and any violation found shall be reported and specified in writing by the Building Inspector to the owner, to any other occupants affected and to the Select Board.
(2)
If the Building Inspector is requested in writing to enforce this bylaw against any person allegedly in violation thereof and declines to act, he shall notify, in writing, the party requesting such enforcement of any action, or refusal to act, and the reasons therefor, within 14 days of receipt of such request. An appeal to the Board of Appeals may be taken by any person aggrieved by reason of his or her inability to obtain enforcement action, as provided at MGL c. 40A, § 8.
[Amended 10-24-2000]
(3)
Whoever violates any provisions of this bylaw, or any of the conditions under which a permit is issued or any decision rendered by the Board of Appeals, may be fined in an amount as set forth in Chapter 1, General Provisions, Article II, Fines, of the Code of the Town of Lancaster for each offense, each day that such violation continues constituting a separate offense.
[Amended 5-3-1988]
§ 220-61 Board of Appeals.
A.
Appointment, organization and powers. There shall be a Board of Appeals of five members and three associate members appointed by the Select Board as provided in MGL c. 40A, § 12. Members of the Board of Appeals in office at the time of adoption of this bylaw shall continue in office for the remainder of their terms. Said Board shall annually elect a Chairman from its own number and a Clerk. It shall adopt rules for the conduct of its business and file a copy thereof with the Town Clerk. The Board of Appeals shall have all the power granted to it under MGL c. 40A, including the power to grant special permits required by this bylaw.
B.
Notices of public hearings. The Board of Appeals shall give public notice of any appeal, application or petition in the manner provided in MGL c. 40A, § 11.
[Amended 10-24-2000]
C.
Decisions. Decisions of the Board shall be made within a period consistent with MGL c. 40A.
[Amended 10-24-2000]
D.
Approval of special permits.
[Amended 10-24-2000]
(1)
The Board of Appeals shall not approve a special permit unless it finds that in its judgment all the following conditions are met:
(a)
All requirements applicable to the class of special permit sought are fulfilled;
(b)
The specific site is an appropriate location for the buildings and uses proposed;
(c)
There is safe access from roads adequate for the traffic expected, adequate parking is provided and internal circulation is adequate for emergency vehicles;
(d)
Board of Health requirements for water and sanitation arrangements are followed;
(e)
The use as developed and operated will not adversely affect the neighborhood;
(2)
In approving a special permit, the Board shall attach such conditions and safeguards as are deemed necessary to protect the neighborhood and the Town.
E.
Approval of variances. Before a variance may be authorized, the Board shall find that all of the conditions set forth in MGL c. 40A, § 10, have been met and shall give the reasons for its findings regarding each condition in detail. The Board of Appeals shall impose such limitation on time and use and such other conditions as it may deem desirable to protect the public interest and to ensure that the variance granted is not greater in degree or duration than is justified by the hardship to be relieved.
F.
Use variances.
[Amended 10-24-2000]
(1)
The Board of Appeals may grant a variance for use, but only if it finds that the following criteria are met, as well as those established for variances by MGL c. 40A, § 10.
(a)
Such variance shall be applied only to structures in existence and adapted for the intended purpose at the time that the proposed use was made nonconforming through amendment to the Zoning Bylaw or Map;
(b)
The proposed use or activity is one that is beneficial to the community at large, or to its existing public or semipublic institutions;
(c)
No reasonable alternative is provided in the bylaw for the location of the proposed use.
(2)
Anyone filing a petition for a use variance shall submit complete copies of said petition to the Planning Board and the Select Board at least 35 days prior to the scheduled public hearing on said variance petition. The Select Board and the Planning Board shall have 35 days from receipt of a copy of the application to comment on the applicability of the provisions above and to suggest needed conditions and safeguards before the Board of Appeals renders a decision.
§ 220-62 Planning Board.
A.
Public hearing on amendments. The Planning Board shall hold a public hearing on any zoning amendment proposed in a Warrant article before the following Town Meeting. The Board may, on its own initiative, hold preliminary public hearings on a proposed zoning amendment in advance of its submittal in a Warrant article. Notices of such hearing shall be given in the manner provided in MGL c. 40A, § 11, and at the expense of the petitioners. The Board shall submit a report with its recommendations on the proposed amendment to the Town Meeting.
B.
Special permits. In cases where the Planning Board is designated as the special permit granting authority, its actions shall be based upon the same considerations and procedural requirements stated in the bylaw for the Board of Appeals, including § 220-61D, except as otherwise may be required by statute.
§ 220-63 Concept plan.
A.
Petitioners for Zoning Map change to NB, EZ, LI, LI2 or GI Districts shall, prior to their public hearing, submit a concept plan to the Planning Board with the exception of petitions submitted by the Planning Board. A concept plan shall consist of the following:
[Amended 5-3-1988; 5-5-2008 ATM by Art. 14; 5-2-2011 ATM by Art. 22; 5-6-2013 ATM by Art. 12; 5-5-2014 ATM by Art. 14]
(1)
A schematic development plan, indicating the location of zoning district boundaries, the boundaries of the lot, buildings, roads, drives, parking, reserved open space, wells, on-site disposal facilities, drainage system, topography and grading, areas of retained vegetation, and planting areas.
(2)
Floor plans and architectural elevations of any currently planned structures and any existing structures.
(3)
Materials indicating the proposed maximum number of square feet of gross floor area for each category of land use; analysis supporting the demand for such use, indicating the anticipated market area, and indicating what share of the market comes from Lancaster; methods of water supply and sewage disposal; time schedule for construction of units and improvements; service improvements proposed at the developer's and those anticipated at the Town's expense; and means, if any, of providing for design control.
(4)
Analysis of the consequences of the proposed development, evaluating the following impacts at a level of detail appropriate to the scale of development proposed:
(a)
Natural environment: groundwater and surface water quality, groundwater level, stream flows, erosion and siltation, vegetation removal (especially unusual species and mature trees), and wildlife habitats.
(b)
Public services: traffic safety and congestion, need for water system improvements, need for additional public recreation facilities, need for additional school facilities.
(c)
Economics: municipal costs and revenues, local business activity, local jobs.
(d)
Visual environment: visibility of buildings and parking, visual consistency with existing development in the area.
B.
Consistency with such concept plan shall be required under site plan review, unless departure is authorized on special permit from the Planning Board, to be granted only if the Board determines that such departure is necessitated by contingency beyond the applicant's control or anticipation, and is consistent with the intent of the original concept plan.