Mansfield City Zoning Code
ARTICLE VII
Administration
§ 230-7.1 Enforcement.
This bylaw shall be enforced and administered by the Building Inspector of the Town of Mansfield.
A.
Building permits.
(1)
No construction for a building or structure shall be started, and no building or structure shall be erected, moved or added to until a building permit for the proposed work or addition shall be applied for and granted.
(2)
No permit shall be granted for the construction, alteration, relocation or use of any building, structure or premises in violation of any provisions of this bylaw. Whenever any permit or license is refused because of some provision of this bylaw, the reason therefor shall be clearly stated in writing.
(3)
An application for a building permit for a new or altered use of land or of a structure or for construction, addition, reconstruction or relocation of a building shall be made by the owner or their agent, in writing, on a form approved by the Building Inspector, and shall be accompanied by two copies of a plot plan showing the site, and size and shape of the lot, the names of the owners of record, the exact location of existing streets and buildings or structures, and proposed buildings, structures or additions thereto. The Building Inspector shall send one copy of the plot plan and application to the Planning Board.
(4)
A record of application herein referred to and the action taken thereon shall be kept on file in the Town offices.
(5)
The Building Inspector shall issue the building permit only after they have viewed the premises and determined that the contemplated use change, construction or addition would not be in violation of this bylaw. After issuance of the building permit, the Building Inspector shall make at least one inspection while the work of construction is in progress to ascertain that there is no evidence of violation of the bylaw as a result of any changes or deviation made during the period of construction.
(6)
Upon completion of the construction, addition, or change use for which the permit was originally granted and before occupancy by the owner, their agent, servants, tenants, lessees, or assigns, the Building Inspector shall make a final inspection to determine if the completed construction, addition or change in use conforms to the permit and is not in violation of said bylaw.
(7)
The fee required for the building permit shall be that established by the Select Board.
(8)
Any person aggrieved by reason of their inability to obtain a permit, or by any order or decision of the Building Inspector or other administrative official, shall file their written appeal to the Board of Appeals with the Town Clerk, not later than 30 days after the order, or decision causing the aggrievance or the refusal to issue such permit.
B.
Occupancy permits. No building hereafter erected or relocated shall be used and no change shall be made of the use of any building or of any parcel of land, unless an occupancy permit, signed by the Building Inspector, has been granted to the owner or proposed occupant of such land or building. Such permit shall not be granted unless the proposed use of the land or building and all necessary uses comply in all respects with this bylaw, and no use shall be made of such land or building except the use or uses authorized by such occupancy permit.
C.
Violations and enforcement.
(1)
Criminal complaint. Violations shall be determined by the Building Inspector by an investigation of the fact and inspection of the premises, after which they shall give notice thereof in writing by certified mail to the owner or to their duly authorized agent and to the occupant of the premises, and shall order that any use of the premises contrary to the provisions of this bylaw immediately cease. Each day of violation after such written notice shall be considered a separate offense. Each day of such offense will be subject to a fine of $100. If after such notices the premises continue to be used in a manner contrary to the provisions of this bylaw, or if such owner or occupant shall fail to obey any lawful order of the Building Inspector in respect to any violation of use contrary to the provisions of this bylaw, the Building Inspector shall institute appropriate legal proceedings to enforce the provisions of this bylaw or to restrain by injunction any violations thereof, or both.
(2)
Noncriminal disposition. In addition to the procedures for enforcement as described above, the provisions of this Zoning Bylaw may also be enforced, by the Building Inspector, by noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D. Each day on which a violation exists shall be deemed to be a separate offense. The penalty for violation of any provision of this bylaw shall be $25 for the first offense; $50 for the second offense; and $100 for the third offense and each subsequent offense.
D.
Fees. The fees required for application and permit review contained within the Zoning Bylaw shall be established by the Select Board on the recommendation of the Planning Board.
§ 230-7.2 Board of Appeals.
[Amended 5-22-2024 ATM by Art. 16]
A.
A Board of Appeals should be appointed as hereinafter provided. The Board of Appeals established under this bylaw shall also act as the Board of Appeals as provided by the Subdivision Control Law in MGL c. 41, § 81Z. Said Board shall consist of five members and two associate members and shall be appointed by the Select Board annually in the month of April. All members and associate members of said Board shall be residents of the Town. The members of the Board shall be appointed for terms of such length and so arranged that the term of at least one member will expire on April 30 of each year and their successors shall be appointed for terms of three years each. The associate members of the Board shall be appointed for terms of three years each and their terms shall be arranged so that the terms of one associate member will expire on April 30 of each year. Within 30 days after a vacancy occurs, by resignation or otherwise, it shall be filled for the unexpired term in the same manner as an original appointment to the Board.
B.
The Board of Appeals shall have the following powers:
(1)
Appeals: to hear and decide an appeal taken by any person aggrieved by reason of their inability to obtain a permit from any administrative official under the provisions of Chapter 40A of the General Laws, or by any officer or board of the Town, or by any persons aggrieved by an order or decision of the Inspector of Buildings or other administrative official in violation of any provision of Chapter 40A of the General Laws or of this bylaw.
(2)
Special permits: to grant a special permit or an extension as provided in this bylaw when it has been determined that the application and plans meet the submission and technical requirements of this bylaw and that the benefits of the proposed project outweigh its detrimental effects, after consideration of all appropriate criteria.
(3)
Variances: to authorize upon appeal, or upon petition, a variance from the terms of this bylaw, where, owing to conditions relating to the soil conditions, shape of topography of such land or building especially affecting such parcel or such building but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this bylaw would cause substantial hardship to the appellant, and where desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this bylaw, but not otherwise.
(4)
Findings: to permit the change, extension, or alteration of a preexisting nonconforming residential structure after a finding has been made at a duly advertised public hearing that the change, extension, or alteration is not substantially more detrimental to the neighborhood than the existing nonconforming residential structure; provided, however, that such change, extension, or alteration does not create a new noncompliance with any other requirement of this bylaw.
C.
The Board of Appeals shall have all powers vested in it by this bylaw and by the laws of the commonwealth, and shall function as provided in Chapter 40A of the General Laws of the Commonwealth of Massachusetts.
§ 230-7.3 Amendments.
This bylaw may from time to time be changed by amendment, addition or repeal by a Town Meeting in a manner provided by law, and all petitions therefor shall be signed with petitioner's true name and valid address, which shall be verified by the Town Clerk, and shall be filed with the Town Clerk, who shall forthwith transmit true copies thereof to the Select Board and the Planning Board, and the Select Board shall insert in the warrant for the Town Meeting an article or articles setting forth the subject matters of all such petitions, after a hearing and recommendation has been made by the Planning Board, said hearing to be held within 30 days of the filing of the petition and said recommendation to be made within 45 days of the filing of the petition.
§ 230-7.4 Validity.
A.
The provisions of this bylaw are hereby declared to be severable and if any such provisions, or the application of such provisions to any person or circumstances, shall be held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not be construed to affect the validity or constitutionally of any of the remaining provisions thereof or the application of such provisions to persons or circumstances other than those as to which it is held invalid or unconstitutional. It is hereby declared to be the intent of the Town that said provisions would have been adopted in the event such invalid or unconstitutional provisions had not been included therein.
B.
Permits issued prior to the first public hearing held on this bylaw relative to the adopting of this bylaw shall not be affected by the provisions of this bylaw.
§ 230-7.5 When effective.
This bylaw shall take effect upon adoption by the Town, the approval of the Attorney General of the Commonwealth of Massachusetts and publication as provided by law.