Methuen City Zoning Code
ARTICLE X
Administration and Enforcement
§ 10.1 Intent and purpose.
The intent and purpose of this article is to provide the specific means by which this ordinance is administered, enforced, varied and amended.
§ 10.2 Administration.
A.
Permits.
(1)
This ordinance shall be administered by the Building Commissioner. Pursuant to the State Building Code, the Building Commissioner may require such plans and specifications as may be necessary to determine compliance with all pertinent laws of the commonwealth. Buildings, structures or signs may not be erected, substantially altered, moved or changed in use and land may not be substantially altered or changed in principal use unless in compliance with then-applicable zoning, and after all necessary permits have been received under federal, state or local law.
(2)
An application for a permit shall be accompanied by a plan, accurately drawn, at a scale of one inch equals 40 feet, prepared by a Massachusetts licensed engineer or land surveyor showing the actual shape and dimensions of the lot to be built upon, the exact location and size of all buildings or structures already on the lot, the location of new buildings or structures to be constructed, together with the lines within which all buildings or structures are to be erected, the existing and intended use of each building or structure and such other information as may be necessary to provide for the execution and enforcement of this ordinance. The Building Commissioner shall take action on an application for a permit, either granting the permit or disapproving the application, within 30 days of receipt of the application.
(3)
No permit shall be issued under this section if the building, structures or lot as constructed, altered, relocated or used would be in violation of any provision of this ordinance. Whenever such permit or license is refused because of some provisions of this ordinance, the reason therefor shall be clearly stated in writing.
(4)
No building hereafter erected, altered substantially in its use or extent or relocated shall be used or occupied, and no change shall be made of the use of any building or of any parcel of land, unless a certificate of occupancy signed by the Building Commissioner has been granted to the owner for occupancy of such land or building. Such certificate shall not be granted unless the proposed use of the land and building and all accessory uses comply in all respects with this ordinance, and no use shall be made of such land or building that is not authorized by such certificate of occupancy.
(5)
The Building Commissioner is also authorized to issue a temporary permit for the storage of construction materials, equipment and site trailers related to a publicly funded project for a period not in excess of 12 months.
(6)
Consultative review. In the instance where the Building Commissioner believes that the magnitude of the proposed use or structure is such as to require special expertise, the Building Commissioner may retain an outside individual or firm to aid him or her in ensuring compliance with the Zoning Ordinance of the City of Methuen. The cost of such review shall be borne in full by the applicant seeking the permit.
B.
Enforcement.
(1)
The Building Commissioner shall institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of this ordinance and of permits and variances issued thereunder, including notification of noncompliance and request for legal action through the City Council to the City Solicitor.
(2)
In addition to the requirements of MGL c. 40A, where the Building Commissioner, in the course of his duties, determines that any plans, buildings or premises are in violation of the provisions of this ordinance, he shall order the responsible party, in writing, to remedy such conditions. Said written order shall specify the nature of the violation found to exist, the remedy ordered, the time permitted for such action, and the penalties and remedies which may be invoked by the City, and the violator's right of appeal, all as provided for by this ordinance.
(3)
On the serving of notice by the Building Commissioner to the owner for any violation of any provisions of this ordinance, the certificate of occupancy may be considered null and void, and a new certificate of occupancy shall be required for any further use of such building or premises. (You ought to consider some limitations here, "any violation" is rather broad if you are talking about withdrawing an occupancy permit.)
(4)
The Building Commissioner shall maintain a permanent public record of all matters considered and all action taken by him, and such records shall form a part of the records of his office.
(5)
An individual permanent file for each application, by street address, for a permit provided for by this ordinance shall be established at the time the application is made. Said file shall contain one copy of the application and all supporting documents, maps and plans; notations regarding pertinent dates and fees, and the like; as appropriate, one copy of the resolution of the Board of Appeal in acting on the application; and the date the permit applied for was issued or denied by the Building Commissioner.
C.
Violations. If the Building Commissioner shall be informed in writing or have reason to believe that any provision of this ordinance has been, is being or may be violated, he shall make or cause to be made an investigation of the facts and inspect the property where the violation may exist. If he shall find any such violation, he shall serve a notice of violation and order to any owner or person responsible for such violation of any approved plan, information or drawing pertinent thereto, or in violation of a permit or certificate issued under the provisions of this ordinance, and such order shall direct the discontinuance of the unlawful action, use or condition and the abatement of the violation within a reasonable time to be specified by the Building Commissioner. Any owner, who having been served with a notice, and who ceases any work or other activity, shall not leave any structure or lot in such conditions as to be a hazard or menace to the public safety, health or general welfare.
D.
Prosecution of violations. If the notice of violation and order is not complied with promptly, the Building Commissioner shall institute the appropriate action or proceeding at law or in equity to prevent any unlawful action, use or condition and to restrain, correct or abate such violation.
E.
Penalties. The penalty for violation of any provision of this ordinance, of any of the conditions under which a permit is issued or of any decision rendered by the Board of Appeals shall be $300 for each offense. Each day that each violation continues shall constitute a separate offense.
§ 10.3 Board of Appeals.
A.
Establishment. There is hereby established a Board of Appeals of five members to be appointed by the Mayor and confirmed by the City Council, as provided in Chapter 40A of the General Laws. Three associate members shall be appointed in like manner to serve, upon designation by the Chairman of the Board, in case of vacancy, inability to act or conflict of interest on the part of a member of said Board. All members of the Zoning Board shall be residents of the City of Methuen. The Zoning Board shall annually elect a Chairman and a Clerk from its membership.
B.
Powers.
(1)
The Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B, and 41 of the General Laws and by this ordinance. The Board's powers are as follows:
(a)
To hear and decide applications for special permits. Unless otherwise specified herein, the Board of Appeals shall serve as the special permit granting authority.
(b)
To hear and decide appeals or petitions for variances from the terms of this ordinance, with respect to particular land or structures, as set forth in MGL c. 40A, § 10.
(c)
To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of MGL c. 40A, §§ 8 and 15.
(d)
To hear and decide comprehensive permits for construction of low- or moderate-income housing by a public agency or limited-dividend or nonprofit corporation, as set forth in MGL c. 40B, §§ 20 through 23.
(e)
The Board of Appeals shall not grant variances from the use provisions of this ordinance.
(2)
In exercising these powers, the Zoning Board of Appeals may, in conformity with the provisions of this ordinance and the Zoning Act, revise or affirm in whole or in part, or may modify, any order or decision, and may make such order or decision as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken and may issue or direct the issuance of a permit.
C.
Regulations.
(1)
The Board of Appeals may adopt rules and regulations for the administration of its powers. A copy of such rules shall be filed in the office of the City Clerk.
(2)
In addition to the rules and regulations adopted by the Board, the following shall, at a minimum, apply: Meetings of the Zoning Board of Appeals shall be held at the call of the Chairman or when called in such other manner as the Zoning Board of Appeals shall determine in its rules. The Zoning Board of Appeals shall hold a hearing on any appeal, application or petition. The Zoning Board of Appeals shall cause notice of such hearing to be published and sent to parties in interest as provided for in Chapter 40A of the General Laws and shall notify the Community Development Board of Methuen and the Community Development Boards of adjacent cities and towns, which may forward recommendations with respect to said matter for the consideration of the Zoning Board of Appeals. The Chairman, or in his absence the Acting Chairman, may administer oaths, summon witnesses and call for the production of papers. The concurring vote of all but one of the members of the Zoning Board of Appeals shall be necessary to reverse any order or decision of the Building Commissioner under this ordinance.
D.
Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals and applications for comprehensive permits.
§ 10.4 Variances.
A.
The Board of Appeals may grant variances in accordance with MGL c. 40A, § 10 if it finds that, owing to circumstances relating to soil conditions, shape or topography of land and especially affecting such land but not affecting generally the zoning district in which the land is located, a literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship to the petitioner or appellant and relief can be granted without substantial detriment to the public good and without nullifying or derogation from the intent and purpose of this Zoning Ordinance. The Board of Appeals shall not grant use variances.
B.
The Board of Appeals may impose conditions, safeguards and limitations both of time and of use, including the continued existence of any particular structures, but excluding any condition, safeguards or limitations based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or any owner.
§ 10.5 Repetitive petitions; withdrawal of petitions.
A.
No appeal, application or petition which has been unfavorably and finally acted upon by the Zoning Board of Appeals or by another town agency or board shall be acted favorably upon within two years after the date of final unfavorable action unless the acting board or agency finds, by a unanimous vote, specific and material changes in the conditions upon which previous unfavorable action was based, and describes such changes in the record of its proceedings, and unless all but one of the members of the Community Development Board consents thereto and after notice is given to parties in interest (as defined in MGL c. 40A) of the time and place of the proceedings when the question of such consent will be considered.
B.
Any petition for a variance or application for a special permit which has been transmitted to the Zoning Board of Appeals may be withdrawn, without prejudice, by the petitioner prior to the publication of the notice of a public hearing thereon, but thereafter may be withdrawn without prejudice only with the approval of the Zoning Board of Appeals.
§ 10.6 Public hearings.
Public hearings shall be held in accordance with MGL c. 40A, § 11, as applicable, and otherwise the Open Meeting Law. No public hearing hereunder shall be held on any day on which a state or municipal election, caucus or primary is held in Methuen.
§ 10.7 Prosecution of violations.
[Amended eff. 1-17-2017 by Ord. No. 914]
If the notice of violation and order is not complied with promptly, the Building Commissioner shall institute the appropriate action or proceeding at law or in equity to prevent any unlawful action, use or condition and to restrain, correct or abate such violation. Penalties for violations shall, upon conviction, be affixed in an amount not to exceed $300 for each offense. Each day, or portion of a day, that any violation is allowed to continue shall constitute a separate offense.