Marion City Zoning Code
ARTICLE II
Administration
§ 230-2.1 Enforcement; certificates of occupancy and use permits; violations and penalties.
[Amended 6-18-1990 STM by Arts. 10, 13; 4-25-1994 ATM by Art. 24]
A.
This bylaw shall be enforced by the Building Commissioner. No building shall be built or altered or a building begun or changed without a permit having been issued by the Building Commissioner.
B.
No building, whether residential or nonresidential, shall be occupied until a certificate of occupancy has been issued by the Building Commissioner.
C.
For any proposed new or change of nonresidential use of land or buildings, and any home occupations requiring use of buildings or lot space outside of the principal residential building, the Building Commissioner shall issue a use permit stating that the use is in conformance with the requirements of this bylaw. Applications for a use permit shall be filed with the Building Commissioner prior to changing the use of the property and shall be allowed or denied in writing, including the cause of the action taken, within seven days of receipt of the application. No such new or changed use shall be allowed except upon the issuance of a use permit.
D.
Any person violating any of the provisions of this bylaw may be fined not more than $300 for each offense. Each day that such violation continues without abatement shall constitute a separate offense.
§ 230-2.2 Board of Appeals.
[Amended 10-21-2019 STM by Art. 13]
A Board of Appeals shall be appointed as provided in MGL c. 40A consisting of five members for terms of three years each and three associate members for terms of three years each. The term of two members and one associate member will expire on May 31 of each of two successive years, one member and one associate member will expire on May 31 of the third year. When a vacancy occurs by resignation or otherwise, it shall be filled within 30 days for the unexpired term in the same manner as an original appointment.
§ 230-2.3 Powers of Board of Appeals.
A.
Permits. Applications may be made directly to the Board of Appeals for any permit which said Board is authorized to grant by virtue of this bylaw.
B.
Appeals.
[Amended 6-18-1990 STM by Art. 10]
(1)
Appeals may be taken to the Board of Appeals by any officer, or board of the Town, or any person aggrieved by an order or decision in violation of, or being unable to obtain a permit under, any provisions of MGL c. 40A or any provisions of this bylaw.
(2)
Appeals from decisions of the Building Commissioner relative to the location of district boundaries shall be considered as follows:
(a)
Zone boundary lines designated by property lines, street lines, easement lines, without giving dimensions, are the nearest to such lines existing when this zone was established.
(b)
Zone boundary lines drawn nearly parallel to street lines shall be considered parallel and at the given offset dimension measured at right angles to the street.
(c)
Zone boundary lines not otherwise defined shall be determined by the measured distance from adjacent map features.
C.
Special permits. The Board of Appeals shall hear and decide applications for special permits for specific uses for which the Board is the designated special permit granting authority.
D.
Variances. Variances may be granted by the Board of Appeals with respect to particular land or structures from the terms of the applicable Zoning Bylaw when a particular use or dimensional variance is sought and when it specifically finds that, owing to circumstances relating to the soil condition, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or bylaw would involve substantial hardship, financial or otherwise, to the petitioner or appellant and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of such ordinance or bylaw. Variances properly granted prior to January 1, 1976, but limited in time may be extended on such terms and conditions that were in effect for such variances upon said effective date.
§ 230-2.4 Public hearings.
Special permits, variances, permits and relief may be granted by the Board of Appeals only after a public hearing, for which posting and proper notification has been given, as provided in MGL c. 40A.[1]
[1]
Editor's Note: Original Sec. 2.5, Nonresidential Plan and Site Evaluation, which immediately followed this section, was repealed 3-28-1989 ATM by Art. 2.