Lanesborough City Zoning Code
ARTICLE X
Administration and Enforcement
§ 165-45 Zoning Board of Appeals.
The Zoning Board of Appeals shall act on the following matters:
A.
Use variances. No use variance shall be granted in any zone.
B.
Dimensional variances. Dimensional variances shall comply with the review procedures of § 165-43C and shall only be granted upon the written finding that each of the following statutory requirements contained in G.L. c. 40A, § 10, as amended, have been met by the applicant, as follows:
(1)
There are circumstances relating to the soil conditions, shape, or topography of the land or structures for which the variance is being sought and such circumstances especially affect such land or structures but do not affect generally the zoning district in which the land or structures are located;
(2)
Owing to such circumstances, a literal enforcement of the provisions of this bylaw would involve substantial hardship, financial or otherwise, to the petitioner; and
(3)
The desired relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such bylaw.
C.
Special permits. The Zoning Board of Appeals shall hear and decide on applications for special permits upon which the Zoning Board of Appeals is specifically authorized to act under this bylaw in accordance with applicable provisions of § 165-43 herein.
D.
Appeals. The Zoning Board of Appeals, under the provisions of Chapter 40A of the General Laws, shall hear and decide appeals by any person aggrieved by reason of his inability to obtain a permit from any administrative board or official under the provisions of this bylaw.
E.
Membership.
(1)
The Zoning Board of Appeals shall consist of three members appointed by the Select Board. Appointments shall be for three-year terms, so arranged that the term of one member shall expire each year. The Zoning Board of Appeals shall annually elect a Chair and a Clerk.
(2)
The Select Board shall also appoint, in like manner for like terms, one associate member, who may be designated by the Chair of the Zoning Board of Appeals until said vacancy is filled by the Select Board.
(3)
Any member or associate member may be removed for cause by the Select Board upon written charges and after a public hearing.
§ 165-46 Zoning Enforcement Officer (ZEO).
Enforcement of this bylaw is vested in the ZEO, who is the Building Inspector of the Town of Lanesborough. No permit or license shall be granted for a new use of a building, structure or land which use would be in violation of this bylaw.
§ 165-47 Construction and use to comply with permit.
A.
Special permits or building permits issued on the basis of plans and applications approved by any designated special permit granting authority authorize only the use, arrangement and construction as set forth in such approved plans and applications. Use, arrangement or construction at variance with that authorized shall be deemed a violation of this bylaw and punishable as provided herein.
B.
Construction or operation under a building or special permit shall conform to any subsequent amendment of this bylaw unless the permit is issued before the first publication of the required notice of public hearing by the Planning Board on such amendment, and the use or construction is commenced within a period of not more than six months after the issuance of the permit, and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.
§ 165-48 Violations.
A.
If the ZEO is requested in writing to enforce this bylaw against any person allegedly in violation of it 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.
B.
Nothing herein contained shall prevent the Town from taking such lawful action as it deems necessary to prevent or remedy any violations.
C.
If the Zoning Enforcement Officer believes any party within the Town of Lanesborough to be in violation of part of this bylaw or permits issued under its authority, the Zoning Enforcement Officer may issue a written warning to that party ordering corrective action to remedy said violation within a reasonable time. Violations may be enforced through any lawful means in law or in equity, including, but not limited to, by indictment or on complaint brought in the District Court or by noncriminal disposition as provided in G.L. c. 40, § 21D by the Zoning Enforcement Officer. The penalty for any violation of this bylaw shall be a fine in the amount of $100 per day per violation. If more than one, each condition violated shall constitute a separate offense.
§ 165-49 Amendments.
A.
This bylaw may be amended from time to time in an Annual or Special Town Meeting in accordance with G.L. c. 40A, § 5.
B.
No zoning bylaw or amendment thereto shall be adopted until after the Planning Board has held a public hearing thereon, for which a notice has been published, posted and mailed as provided in G.L. c. 40A, § 5, and has made a report with recommendations to the Town Meeting or after 21 days shall have elapsed after such hearing without submission of such report.
§ 165-50 Validity.
A.
In their interpretation and application, the provisions of this bylaw shall be held to be minimum requirements. Wherever the requirements of this bylaw are at variance with the requirements of any other lawfully adopted regulations or bylaws, or with deed restrictions or covenants, the most restrictive or the one imposing the higher standards shall govern.
B.
This bylaw, or any amendment thereto, shall take effect on the date on which such adoption or amendment is voted by the Town Meeting.
C.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.