Middleborough City Zoning Code
SECTION 9
0 ADMINISTRATION AND PROCEDURES
9.1 ENFORCEMENT
9.1.1.
Building Inspector. This Bylaw shall be enforced by the Building Inspector or if there should be a void in said office, by the Board of Selectmen.
9.1.2.
Permit Required. Before any dwelling, building or structure is erected, placed or converted on any lot in any district, the applicant shall file a petition for a permit with the Building Inspector stating his address and the address of the lot and with a plot plan drawn substantially to scale which shall show:
1.
The lot dimensions;
2.
Adjacent ways;
3.
The location of dwellings, buildings or structures already on the lot;
4.
The exact size and location of the dwelling, building or structure proposed to be erected, placed or converted on the premises; and,
5.
A statement of the intended use of the premises, buildings and structures existing and proposed.
9.1.3.
Fee. A fee has been established for the issuance of any permit, to defray cost of processing.
9.1.4.
Investigation. If the Building Inspector shall be informed or have reason to believe, that any provision of these Bylaws or any permit or decision hereunder has been, is being or is about to be violated, he shall make or cause to be made an investigation of the facts, including the inspection of the premises where the violations may exist. The Building Inspector shall take action upon written complaint and shall report such action or refusal to act and the reasons therefor, in writing to the complainant within fourteen (14) days of receipt thereof. If the Building Inspector finds no violation or prospective violation, any person aggrieved by his decision or any officer or board of the town, may appeal to the Board of Appeals, as provided by statute.
9.1.5.
Permit Issuance. If such proposed dwelling, building or structure and use thereof, including the premises, conform to the provisions of the Bylaw, the Building Inspector shall take final action on all petitions for permits within thirty (30) days of their filing.
9.1.6.
Penalty. Any person who violates any provision of this Bylaw or any of the conditions under which a permit is issued or any decision rendered by the Board of Appeals shall be subject to a fine of not more than $150.00 (one hundred fifty dollars) for each offense, which shall be recovered as provided by law and shall enure to the Town. Each day that any such violation continues shall constitute and be a separate offense.
9.2 ZONING BOARD OF APPEALS
9.2.1.
Establishment. There is hereby established a Zoning Board of Appeals of five members and three associate members to be appointed by the Selectmen, as provided in MGL Chapter 40A, as amended, which shall act on all matters within its jurisdiction under this Bylaw in the manner prescribed in MGL Chapter 40A, as amended.
9.2.2.
Powers. The Zoning Board of Appeals shall have the following powers:
1.
Appeals. To hear and decide an appeal taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from the Building Inspector or by an Officer or Board of the Town under the provisions of MGL Chapter 40A, as amended or by any person aggrieved by any order of the Building Inspector or by any Officer or Board of the Town in violation of any provision of MGL Chapter 40A, as amended, or of this Bylaw. Any appeal under this Bylaw shall be taken by filing a written Notice of Appeal with the Town Clerk of Middleborough.
a.
An applicant for a permit which is refused shall file within thirty (30) days after receipt of written notice from the Inspector of Buildings, notifying him in writing of the refusal to grant this permit by mailing such notice certified mail, postage prepaid to the applicant at the address shown on his petition or by delivery.
b.
All other persons shall file within thirty (30) days after the entry of any decision or order at the Town Clerk's office by which they claim to be aggrieved.
c.
The Town Clerk shall forthwith transmit copies thereof to the Selectmen or their appointed inspector from whose action the appeal is taken and to the members of the Board of Appeals. The Selectmen or their appointed inspectors shall forthwith transmit to the Board of Appeals all documents and papers constituting the record of the case in which the appeal was taken. The notice of appeal as filed with the Town Clerk shall specify the grounds thereof.
In exercising the power granted by Section 9.2.2, the Zoning Board of Appeals may, in conformity with the provisions of this By-law and of MGL Chapter 40A, make orders or decisions, reverse or affirm in whole or in part or modify any order or decision and to that end shall have all of the powers of the officers from whom the appeal is taken and may issue or direct the issuance of a permit. |
2.
Special Permits. To grant a special permit as provided by this Bylaw as set forth in Section 9.4.
3.
Variances. To authorize upon appeal or upon petition, with respect to a particular parcel of land or to an existing building thereon, a variance from the terms of this Bylaw; including the authorization of a use or activity not otherwise permitted in the district in which the land or structure is located in accordance with MGL Chapter 40A Section 10, as may be amended and where the Zoning Board of Appeals specifically finds the followings:
a.
That owing to circumstances relating to the soil conditions, 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.
b.
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 of Bylaws.
When granting a variance, the Zoning 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, safeguard or limitation based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or any owner. |
If the rights authorized by a variance are not exercised within one year of the date of the granting of such variance, such rights shall lapse; provided, however, that the permit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six months; and provided, further, that the application for such extension is filed with such permit granting authority prior to the expiration of such one year period. |
9.2.3.
Rules and Regulations. The Zoning Board of Appeals shall adopt rules and regulations not inconsistent with the provisions of these Bylaws for conduct of its business and otherwise carrying out the purposes of said MGL Chapter 40A and shall file a copy of such rules in the office of the Town Clerk.
9.2.4.
Fees. The Zoning Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals and applications for comprehensive permits.
9.2.5.
Submittal to Other Boards. The Zoning Board of Appeals shall submit applications for special permits to the Board of Health, Planning Board, Conservation Commission, Historical Commission, Building Inspector, Department of Public Works and such boards or agencies shall make recommendations as they deem appropriate. Copies of such recommendations shall be sent to the Zoning Board of Appeals and to the applicant, provided, however, that failure of any such board or agency to make recommendations within twenty-one (21) days of receipt by such board or agency of the petition shall be deemed lack of opposition thereto.
9.3 PLANNING BOARD
9.3.1.
Establishment. A Planning Board is elected under the provisions of MGL Chapter 41 Section 81A to consist of five (5) members.
9.3.2.
Powers. The Planning Board shall have the following powers:
1.
Special Permits. To hear and decide applications for special permits upon which the Board is empowered to act under these Bylaws, in accordance with Section 9.4.
9.3.3.
Rules and Regulations. The Planning Board shall adopt rules and regulations not inconsistent with the provisions of the Zoning Bylaw for conduct of its business and otherwise carrying out the purposes of said Chapter 40A and shall file a copy of such rules in the office of the Town Clerk.
9.3.4.
Fees. The Planning Board may adopt reasonable administrative and filing fees under the Subdivision Control Law and fees for special permits.
9.3.5.
Associate Member. There shall be one associate member of the Planning Board. The associate member shall sit on the Planning Board for purposes of acting on a special permit or site plan approval application when designated to do so by the Chairman of the Planning Board in the event a member of the Planning Board is unable to sit and act on the application for special permit or site plan approval application because of absence, inability to act, conflict of interest or because there is a vacancy in the membership.
9.3.6.
Term of Associate Member. The Planning Board shall appoint the associate member. The term of appointment shall be two (2) years from the date of appointment. The Planning Board shall fill any vacancy in the position of associate member for the balance of the term of the associate member when the position becomes vacant.
9.4 SPECIAL PERMITS
9.4.1.
Special Permit Granting Authority. Where specifically designated, the Zoning Board of Appeals, Planning Board or Board of Selectmen shall act as the Special Permit Granting Authority.
9.4.2.
Criteria. Special permits shall be granted by the Special Permit Granting Authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the town or the neighborhood, in view of the particular characteristics of the site and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this Bylaw, the determination shall include consideration of each of the following:
1.
The proposed site is appropriate for the use or structure;
2.
Adequate and appropriate facilities will be provided to insure the proper operation of the use, structure or condition;
3.
Traffic flow and safety, including parking and loading are adequate and there will be no nuisance or serious hazard to vehicles or pedestrians;
4.
Adequate water, sewer and other utilities as well as other public and private services are available or will be provided; and
5.
The use involved will not be detrimental to the established or future character of the neighborhood and Town and subject to appropriate conditions or safeguards if deemed necessary.
9.4.3.
Procedures. An application for a special permit shall be filed in accordance with the rules and regulations of the Special Permit Granting Authority and MGL Chapter 40A Section 9.
9.4.4.
Conditions. Special permits may be granted with such reasonable conditions, safeguards or limitations on time or use, including performance guarantees, as the Special Permit Granting Authority may deem necessary to serve the purposes of this Bylaw.
9.4.5.
Plans. An applicant for a special permit shall submit a plan in substantial conformance with the requirements of the applicable section of this Bylaw and the rules and regulations established by the SPGA pursuant to this Bylaw.
9.4.6.
Regulations. The Special Permit Granting Authority may adopt rules and regulations for the administration of this section.
9.4.7.
Fees. The Special Permit Granting Authority may adopt reasonable administrative fees and technical review fees for applications for special permits.
9.4.8.
Withdrawal without Prejudice. Any petition for a variance or application for a special permit which has been transmitted to the permit or special permit granting authority may be withdrawn, without prejudice by the petitioner prior to the publication of the notice of a public hearing thereon, but thereafter be withdrawn without prejudice only with the approval of the permit or special permit granting authority.
9.4.9.
Lapse. Special permits shall lapse if a substantial use thereof or construction there under has not begun, except for good cause, within twenty-four (24) months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in MGL Chapter 40A Section 17, from the grant thereof) with the Town Clerk.
9.6 REPETITIVE PETITIONS
9.6.1.
General. No appeal, application or petition which has been unfavorably and finally acted upon by the Planning Board or the Board of Appeals shall be acted favorably upon within two years after the date of final unfavorable action unless the Planning Board or the Board of Appeals finds, by a unanimous vote of the Board of Appeals and a vote of four members of the Planning Board, specific and material changes in the conditions upon which the previous unfavorable action was based and describes such changes in the record of its proceedings, after notice is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered.
9.6.2.
Timing. The Planning Board shall act first when the original unfavorable action occurred at the Board of Appeals. The Board of Appeals shall act first when the original unfavorable action occurred at the Planning Board.