Longmeadow City Zoning Code

There shall be a Zoning Board of Appeals of five members and three associate members appointed as provided in MGL c. 40A, § 12, which shall act on all matters within its jurisdiction under this bylaw and said statute and any amendments thereof in a manner prescribed therein and with the power, in appropriate cases, and subject to appropriate conditions and safeguards, to make special exceptions to the terms of this bylaw in harmony with its general purpose and intent, and in accordance with general or specific rules herein contained, and the laws of the commonwealth.

In addition to appeals provided for under the provisions of Section 30 of the General Laws, appeals may be taken to the Zoning Board of Appeals by any officer or board of the Town, or by any person aggrieved by any order or decision of the Building Commissioner or other administrative official, in violation of any provisions of Sections 25 to 30A inclusive, of the General Laws, or this bylaw. Any appeal under the provisions of this section or under the provisions of Section 30 of Chapter 40 of the General Laws[1] shall be taken within 30 days from the denial of any permit, issuing of any order, or making of any decision, by reason of which such appeal is to be made.

The Building Commissioner shall enforce the provisions of this bylaw as hereinafter provided. Any enforcement powers granted to, or duties imposed upon, the Building Commissioner relative to the Zoning Bylaw (Chapter 315 of the Code of Longmeadow) may be delegated by the Building Commissioner to the Code Enforcement Officers or agents.

No building shall be constructed, reconstructed, altered, moved, or changed in use in the Town without a permit from the Commissioner. Such permit shall be withheld unless construction, alteration or proposed use is in conformity with all provisions of this bylaw. Where a special permit from the Zoning Board of Appeals or the Planning Board is required (pursuant to the provisions of this bylaw), or where an appeal or petition involving a variance is pending, the Building Commissioner shall issue no such permit except in accordance with written decision of the Zoning Board of Appeals or Planning Board.

If the Building Commissioner shall be informed or have reason to believe that any provision of this bylaw or any permit or decision thereunder has been, is being, or is about to be violated, he shall make an investigation of the facts, including the inspection of the premises where the violations may exist. Where written complaint is made to the Commissioner, he shall take action upon such complaint within 14 days of receipt thereof and shall report such action, in writing, to the complainant.

If the Commissioner finds no violation or prospective violation, any person aggrieved by his decision, or any officer or board of the Town, may within 30 days appeal to the Zoning Board of Appeals.

If the Commissioner finds a violation or prospective violation, he shall give immediate notice, in writing, to the owner and to the occupant of the premises and shall order him to cease and desist and refrain from such violation. Any person aggrieved by his decision, or any officer or board of the Town, may within 30 days appeal to the Zoning Board of Appeals.

If after such order, such violation continues and no appeal to the Zoning Board of Appeals is taken within 30 days, the Town Attorney shall, upon notice from the Building Commissioner, forthwith make application to a court having proper jurisdiction for an injunction or order restraining the violation and shall take such other action as is necessary to enforce the provision of the bylaw, including the imposition of a fine pursuant to Subsection F.

If after action by the Building Commissioner, appeal is taken to the Zoning Board of Appeals and, after a public hearing, the Zoning Board of Appeals finds that there has been a violation or prospective violation, the Commissioner shall issue an order to cease and desist and refrain from such violation unless such order has been previously issued. If such then continues, the Town Attorney shall, upon notice from the Building Commissioner, forthwith make application to a court having proper jurisdiction for an injunction or order restraining the violation and shall take such other action as is necessary to enforce the provision of this bylaw, including the imposition of a fine pursuant to Subsection F.

Except as otherwise provided in this bylaw, any violation of the provisions of the bylaw, the conditions of a permit granted under this bylaw, or any decision rendered by the Zoning Board of Appeals or Planning Board under this bylaw shall be liable to a fine of $100 for each violation. Each day such violation continues shall be deemed a separate offense.

Construction or operations under a building permit or special permit shall conform to any subsequent amendment of this bylaw unless the use or construction is commenced within a period of six months after issuance of the permit; additionally, in cases involving construction begun within such six-month period, such construction shall be continued through to completion as continuously and expeditiously as is reasonable.

A building permit or special permit shall lapse one year from date of issue unless construction or operation under said permit has commenced.