The intent and purpose of this section is to provide the specific means by which this ordinance is administered, enforced, varied and amended, and to specify the limits of validity.

The duties of administering and enforcing the provisions of this ordinance are hereby conferred upon a city employee to be known as the zoning administrator, who shall have such powers as are conferred upon them by this ordinance, and as reasonably may be implied. Pursuant to the City of Newburyport Home Rule Charter, the mayor shall appoint and the city council may confirm someone to hold office as the zoning administrator, for a term of two (2) years, unless sooner removed by the mayor and city council. Among their other duties, the zoning administrator shall assist the city council in all matters pertaining to the purpose and intent of this ordinance.

(Ord. of 6-26-17(2); Ord. of 8-30-21(1))

Cross reference— Inspector of buildings, § 5-41 et seq.

1.

Generally. It shall be the duty of the inspector of buildings, or their duly authorized agents, to cause any plans, buildings, or premises to be examined or inspected to determine that they are not in violation of provisions of this ordinance. The zoning administrator shall have the independent authority and duty to cause any plans, buildings, or premises to be examined and determine compliance with any and all provisions of this ordinance. In the case of any disagreement between the inspector of buildings and the zoning administrator regarding an interpretation of this ordinance, the zoning administrator's decision shall control.

2.

Violations. Where the inspector of buildings, in the course of their duties, determines that any plans, buildings, or premises are in violation of the provisions of this ordinance, he shall so inform the zoning administrator. In such case, or if the zoning administrator in the course of their duties determines that any plans, buildings, or premises are in violation of the provisions of this ordinance, the zoning administrator 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 section X-C.

On the serving of notice by the zoning administrator to the owner for any violation of any provisions of this ordinance, a new certificate of occupancy shall be required for any further use of such building or premises.

3.

Records. The inspector of buildings and zoning administrator shall maintain permanent public records of all matters considered and all actions taken by their respective offices. All such records, as well as the permanent public record of all matters considered and all action taken pursuant to this zoning ordinance, or chapters 5, 12 or 16 of the Newburyport Code, by any city official, board, commission, or department and maintained by it, shall be deemed to form a part of the records of the inspector of buildings and zoning administrator.

Permanent files for each application by property for all permits provided for by this ordinance shall be established at the time the application is made. Said files shall contain at least one (1) copy of the application and all supporting documents, maps, and plans; notations regarding pertinent dates and fees, and the like; at least one (1) copy of the written decisions (including any associated drawings and specifications) by any city official, board, commission, or department acting on the application; and the date the permit applied for was issued or denied by the inspector of buildings and/or zoning administrator, respectively.

4.

Enforcement and monthly reports. If the zoning administrator is requested in writing to enforce this ordinance against any person allegedly in violation of same, and the zoning administrator declines to act, the zoning administrator shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within fourteen (14) days after such receipt.

The zoning administrator shall prepare a monthly report for the city council, which report shall cite all actions taken by such official, including all referrals made by them, all permits and certificates issued and denied; and all complaints of violations received, and all violations found by them, and the action taken by them consequent thereon. A copy of this monthly report shall also be transmitted by such officer to the assessor, planning board, and zoning board of appeals at the same time it is transmitted to the city council.

(Ord. of 6-13-16(3); Ord. of 6-26-17(2); Ord. of 8-30-21(1))

Editor's note— An ordinance adopted June 26, 2017(2) changed the title of § X-C from "Duties of the inspector of buildings" to read as herein set out.

It shall be unlawful for any owner or person to erect, construct, reconstruct, or alter a structure, including a sign, or change the use or lot coverage, increase the intensity of use, or extend or displace the use of any building, or the structure of lot without applying for and receiving from the inspector of buildings the required building permit therefore. For purposes of administration, such permit and application procedure involving a structure may be made at the same time and combined with the permit required under the building code.

An application for a permit shall be accompanied by a plan as outlined in section XVII-B, as well as complete copies of any relevant written decisions in the public record (including any associated drawings and specifications) issued by any city official, board, commission, or department pursuant to this zoning ordinance, or chapters 5, 12 or 16 of the Newburyport Code, and applicable to a lot where work proposed under such permit is to occur. The inspector of buildings shall take action on an application for a permit, either granting the permit or disapproving the application, within thirty (30) days of receipt of the application.

No application for any permit or review by municipal officials under this ordinance (whether by boards or staff) shall be considered complete or eligible for consideration unless submitted in its entirety, including the completion of related forms promulgated by the office of planning and development (or building department, as applicable) and posted on the city website at the time of submission, as well as any required attachments or supporting documentation enumerated therein. Requests for waiver of any particular submission requirements, or listed attachments, must be requested of and approved in writing by the applicable staff or board in advance of formal submission of the applicable application.

No permit shall be issued under this section if the building, structure or lot as constructed, altered, relocated or used would be in violation of any provision of this ordinance, including, without limitation, all conditions, provisos, and design details (including as shown on any associated drawings or specifications) required through action by any city official, board, commission, or department pursuant to this zoning ordinance, or chapters 5, 12 or 16 of the Newburyport Code, and applicable to a lot where work proposed under such permit is to occur. Whenever such permit or license is refused because of some provisions of this ordinance, the reason therefore shall be clearly stated in writing.

Certificate of occupancy. 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 inspector of buildings has been granted to the owner or occupant 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, including, without limitation, all conditions, provisos, and design details (including as shown on any associated drawings or specifications) required through action by any city official, board, commission, or department pursuant to this zoning ordinance, or chapters 5, 12 or 16 of the Newburyport Code, and applicable to a lot where work proposed under such permit is to occur, and no use shall be made of such land or building that is not authorized by such certificate of occupancy.

Applications for certificates of occupancy and compliance shall be filed after construction is substantially complete and prior to occupancy. A certificate of occupancy shall be issued or refused in writing for cause within five (5) days after the inspector of buildings has been notified in writing by registered mail that the erection or alteration of such buildings has been completed. Failure of the inspector of buildings to act within five (5) business days of receipt of said notification shall be deemed to constitute approval of the application for a certificate of occupancy, provided, however, that such deemed approval shall be possible solely to prevent undue administrative delay, and such deemed approval shall never occur unless the relevant certificate of occupancy complies in all respects with the fourth paragraph of this section X-D, above. Buildings accessory to dwellings when completed at the same time shall not require a separate certificate of occupancy. Pending the issuance of a regular certificate, a temporary certificate may be issued for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building, pending its completion. No temporary certificate shall be issued prior to its completion if the building fails to conform to the provisions of the building code and state laws or of this ordinance to such a degree as to render it unsafe for the occupancy proposed.

(Ord. of 6-13-16(3); Ord. of 6-26-17(2); Ord. of 8-30-21(1))

Fees shall be established from time to time for this zoning ordinance by the city council at Newburyport.

If the inspector of buildings or the zoning administrator shall be informed, or have reason to believe, that any provision of this ordinance has been, is being or may be violated, the zoning administrator 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 time to be specified by the zoning administrator. 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.

(Ord. of 6-26-17(2))

If the notice of violation and order is not complied with promptly, the zoning administrator 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 may, upon conviction, be affixed in an amount not to exceed three hundred dollars ($300.00) for each offense. Each day, or portion of a day, that any violation is allowed to continue shall constitute a separate offense.

(Ord. of 6-26-17(2))

1.

Membership. There shall be a zoning board of appeals consisting of five (5) members and two (2) associate members. All members of said zoning board of appeals shall be residents of the City of Newburyport. The zoning board of appeals shall, annually, elect a chairman and a clerk from its membership.

2.

Appointment. Members of the zoning board of appeals in office at the effective date of this ordinance shall continue in office for the duration of their appointed term. However, as terms expire or vacancies occur, the mayor shall make appointments pursuant to the zoning act.

3.

Powers. Under this ordinance, the zoning board of appeals shall have the following powers:

A.

To hear and decide appeals.

B.

To hear and decide applications for all special permits referred to in this ordinance except as otherwise provided in this ordinance.

C.

To authorize upon appeal, or upon petition in cases where a particular use is sought for which no permit is required with respect to a particular parcel of land or to an existing building thereon a variance from the terms of this ordinance.

In exercising the powers under paragraph 3. above, the zoning board of appeals may impose limitations both of time and use, and a continuation of the use permitted may be conditioned upon compliance with regulations to be made and amended from time to time thereafter.

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 issue of a permit.

4.

Adoption of rules. The zoning board of appeals shall adopt rules, pursuant to the zoning act and not inconsistent with the provisions of the ordinance of the city, for conducting its business and otherwise carrying out the purposes of the zoning ordinance.

A copy of such rules shall be filed in the office of the city clerk. Meetings of the zoning board of appeals shall be held at the call of the chairman and also when called in such other manner as the zoning board of appeals shall determine in its rules.

5.

Appeals. Appeals arising under the enforcement of this ordinance shall be as follows:

A.

Any person as defined by M.G.L.A. c. 40A, § 8, aggrieved by reason of his inability to obtain a permit from the inspector of buildings under the provisions of this ordinance or by order or decision of the zoning administrator may take an appeal to the zoning board of appeals.

B.

Appeals pursuant to M.G.L.A. c. 40A, § 8 shall be taken within thirty (30) days from the date of the order or decision which is being appealed by filing a notice of appeal, specifying the grounds thereof, with the city clerk, who shall forthwith transmit copies thereof to such officer whose order or decision is being appealed, and to the zoning board of appeals. The zoning administrator shall forthwith transmit to the zoning board of appeals all documents and papers constituting the record of the case in which the appeal is taken.

C.

Meeting 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 section X-J, public hearings, herein and shall notify the planning board of Newburyport and the planning 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 zoning board of appeals shall require testimony in such matters to be given under the penalty of perjury. A vote of four (4) members of the zoning board of appeals shall be necessary to reverse any order or decision of the zoning administrator under this ordinance.

D.

All hearings of the zoning board of appeals shall be open to the public. The decision of the board shall be made within seventy-five (75) days after the date of the filing of an appeal, application or petition except in regard to special permits. Failure by the board to act within said seventy-five (75) days shall be deemed to be grant of the relief, application or petition sought, subject to an applicable judicial appeal. The zoning board of appeals shall cause to be made a detailed record of its proceedings, indicating the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth clearly the reason or reasons for its decision and of its official actions, copies of all of which shall be filed within fourteen (14) days in the office of the city clerk and shall be a public record; and notice of the decision shall be mailed forthwith to the petitioner, applicant or appellant, to the parties in interest designated in M.G.L.A. c. 40A, § 11, and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice was to be sent. Each notice shall specify that appeals, if any, shall be made pursuant to M.G.L.A. c. 40A, § 17, and shall be filed within twenty (20) days after the date of filing of such notice in the office of the city clerk.

E.

Any person aggrieved by a decision of the zoning board of appeals whether or not previously a party to the proceeding, or any municipal officer or board, may appeal to the superior court or to the land court under M.G.L.A. c. 240, § 14A for the county in which the land concerned is situated, by bringing an action within twenty (20) days after the decision has been filed in the office of the city clerk. Notice of the action with a copy of the complaint shall be given to the city clerk so as to be received within such twenty (20) days. The complaint shall allege that the decision be annulled. There shall be attached to the complaint a copy of the decision appealed from, bearing the date of filing thereof, certified by the city clerk with whom the decision was filed.

6.

Variances. [Variances from the provisions of this ordinance shall be subject to the following:]

A.

The zoning board of appeals shall have the power, after giving appropriate public hearing notice as described in section X-H, and after holding said hearing within sixty-five (65) days after the zoning board of appeals receives the petition from the city clerk, to grant, upon appeal or upon petition, a variance, expressly excluding any use variance, notwithstanding anything in this ordinance to the contrary, from the terms of this zoning ordinance where the zoning board of appeals finds 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 this ordinance 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 this ordinance.

B.

The power to vary the application of this zoning ordinance must be sparingly exercised and only in rare instances and under exceptional circumstances peculiar in their nature, and with due regard to the main purpose of this zoning ordinance to preserve the property rights of others.

C.

Before any variance is granted, the board must find the following conditions to be present:

(1)

Conditions and circumstances are unique to the applicant's lot, structure or building and do not apply to the neighboring lands, structures or buildings in the same district.

(2)

Strict application of the provisions of this chapter would deprive the applicant of reasonable use of the lot, structure or building in a manner equivalent to the use permitted to be made by other owners of their neighboring lands, structures or buildings in the same district.

(3)

The unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of this chapter.

(4)

Relief, if approved, will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the district.

D.

The following circumstances may be construed as establishing a basis for determining that a hardship exists within the meaning of this section: Where by reason of exceptional narrowness, shallowness or unusual shape of a specific site at the time of the effective date of this chapter or to which this is amended, or by reason of exceptional topographic conditions or other extraordinary and exceptional physical situations or condition of such site of property, the literal enforcement of the requirements of this chapter pertaining to yards or other space relationships or total land area would result in exceptional practical difficulties or exceptional and undue hardship upon the owner of such property.

E.

The following types of cases shall not be construed as eligible for consideration as hardship cases within the site subsequent to the adoption of this chapter:

(1)

The applicant with or without knowledge of the provisions of this chapter has acquired the site subsequent to the effective date of this chapter.

(2)

The applicant has caused a self-imposed hardship by changing his circumstances after adoption of this chapter. (Example: The applicant, in selling a portion of a larger site, has either created a new lot which is deficient in total area or has rendered the existing larger segment on which a structure is located insufficient in yard space).

(3)

Personal financial hardship shall not constitute a hardship under this chapter.

F.

Unless otherwise specified at the time the variance is granted, the variance pertains to the subject property and not the individual who applied. Consequently, the variance is transferable to any future owner of the subject property, but cannot be transferred by the applicant to a different site should he move to another location.

G.

Unless otherwise specified at the time the variance is granted, it pertains to the subject property for an indefinite time. However, in the case where work has not been commenced and diligently prosecuted within one (1) year after the date of granting of a variance, then without further action such variance shall become null and void.

H.

Where the board finds the zoning classification of a particular property to be conducive to the deprivation of all reasonable use of the land or building by the owner thereof, and where such board deems the same condition to apply generally to other land or buildings in the same neighborhood and/or district, the board shall deny a variance on the grounds that the conditions and circumstances are not unique and shall call this condition to the attention of the planning board accompanied by a recommendation that this chapter be amended.

I.

In all cases where the board grants a variance from the strict application of the requirements of this chapter, it shall be the duty of such board to attach conditions and safeguards as may be required in order that the result of its action be as nearly as possible in accordance with the intent and purposes of this chapter; but excluding any condition, safeguards or limitation based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or any owner.

J.

Appeals or petitions for a variance shall be filed in the same manner as described under section X-H, 5.B.

K.

The decision of the zoning board of appeals shall be made within the time specified in section X-H, 5.D. The time period for the holding of the public hearing, is inclusive of the seventy-five-day period referred to in the section cited herein.

L.

No variance shall be granted unless there is a positive vote of no less than four (4) members of the zoning board of appeals.

M.

If the zoning board of appeals fails to act within the specified time period, the petition shall be deemed to grant the relief sought as provided in section X-H, 5.D.

N.

The zoning board of appeals may impose conditions, safeguards and limitations of both time and use, including the continued existence of any particular structures, but excluding any condition, safeguards or limitations based upon the contended ownership of the land or structures to which the variance pertains, by the applicant, petitioner or any owner.

O.

If the rights authorized by a variance are not exercised within one year of the date of grant of such variance, they shall lapse and may be re-established only after notice and a new hearing pursuant this section.

P.

The decision regarding the variance shall contain:

(1)

The name and address of the owner;

(2)

An identification of the land and/or structure affected;

(3)

Description of how the variance complies with the statutory requirements for issuing a variance;

(4)

Certification that copies of the decision have been filed with the planning board and the city clerk; and

(5)

Specifications that appeals, if any shall be made pursuant to M.G.L.A. c. 40A, § 17 and shall be filed within twenty (20) days after the date the notice of decision was filed with the city clerk.

Q.

Among the intents and purposes of this chapter is for the board to condition the grant of any variance for a project that will result in (i) a net increase of at least one (1) dwelling unit, or (ii) substantial rehabilitation, upon both: (1) the reconstruction, repair, and/or replacement, where appropriate, of all city-owned sidewalks actually adjoining the project site, in accordance with sections 12-54 and 12-55 of the Newburyport Code; and (2) the planting, preservation, and/or replacement, where appropriate, of street trees along all public rights-of-way actually adjoining the project site, in accordance with article VI of chapter 12 of Newburyport Code.

7.

Special permits. Certain uses, structures or conditions are designated on section V, table of use regulations, and elsewhere in this ordinance as requiring special permits. Further, section V provides that all uses not specifically permitted (or prohibited) but which are similar in character to the permitted uses shall be treated as requiring a special permit. Upon written application duly made to the special permit granting authority (SPGA), the SPGA may, in appropriate cases, subject to the applicable conditions contained herein, in the special permit table, and subject to all other reasonable conditions and safeguards, grant a special permit for such uses, structures or conditions.

A.

Special permit findings. Before granting an application for a special permit, the SPGA, with due regard to the nature and condition of all adjacent structures and uses, and the district within which the same is located, shall find all of the following general conditions to be fulfilled:

(1)

The use requested is listed in the table of use regulations or elsewhere as in the ordinances requiring a special permit in the district for which application is made or is similar in character to permitted uses in a particular district but is not specifically mentioned.

(2)

The requested use is essential and/or desirable to the public convenience or welfare.

(3)

The requested use will not create undue traffic congestion, or unduly impair pedestrian safety.

(4)

The requested use will not overload any public water, drainage or sewer system or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the city will be unduly subjected to hazards affecting health, safety or the general welfare.

(5)

Any special regulations for the use, set forth in the special permit table are fulfilled.

(6)

The requested use will not impair the integrity or character of the district or adjoining districts, nor be detrimental to the health or welfare.

(7)

The requested use will not, by its addition to a neighborhood, cause an excess of that particular use that could be detrimental to the character of said neighborhood.

(8)

The proposed use is in harmony with the purpose and intent of this ordinance.

(9)

The proposed use shall not be conducted in a manner so as to emit any dangerous, noxious, injurious or otherwise objectionable fire, explosion, radioactive or other hazard, noise or vibration, smoke, dust, odor or other form of environmental pollution.

B.

Special permit conditions. The SPGA shall also impose, in addition to any applicable conditions specified in this ordinance, such additional conditions as it finds reasonably appropriate to safeguard the neighborhood, or otherwise serve the purposes of this ordinance, including, but not limited to, the following:

(1)

Dimensional requirements greater than the minimum required by this by-law;

(2)

Screening of parking areas or other parts of the premises from adjoining premises or from the street by specified walls, fences, plantings, or other devices;

(3)

Modification of the exterior features or appearances of the structure(s);

(4)

Limitation of size, number of occupants, method and time of operation, and extent of facilities;

(5)

Regulation of number, design and location of access drives, drive-up windows and other traffic features;

(6)

Requirement of off-street parking and other special features beyond the minimum required by this ordinance;

(7)

Requirement for performance bonds or other security;

(8)

Installation and certification of mechanical or other devices to limit present or potential hazard to human health, safety, welfare or the environment resulting from smoke, odor, particulate matter, toxic matter, fire or explosive hazard, glare, noise, vibration or any other objectionable impact generated by any given use of land.

(9)

The SPGA shall state in its conditions whether the special permit which has been granted runs with the land or the owner of the property.

(10)

For any project that will result in (i) a net increase of at least one (1) dwelling unit, or (ii) substantial rehabilitation, both: (1) the reconstruction, repair, and/or replacement, where appropriate, of all city-owned sidewalks actually adjoining the project site, in accordance with sections 12-54 and 12-55 of the Newburyport Code; and (2) the planting, preservation, and/or replacement, where appropriate, of street trees along all public rights-of-way actually adjoining the project site, in accordance with article VI of chapter 12 of Newburyport Code.

C.

Time limitation on special permit. Any special permit granted under this section shall lapse within three (3) years if a substantial use thereof has not sooner commenced except for good cause, in the case of permit for construction, if construction has not begun by such date except for good cause. Additionally, if construction or operations has not begun within six (6) months, or if construction is not continuing toward completion in as continuous or expeditious manner as is reasonable during the initial six (6) months, then the construction or operations shall conform to any amendment to this ordinance.

D.

Required plan submittal. In order that the SPGA may determine that the abovementioned restrictions are to be met, a site plan and application shall be submitted to the SPGA by the applicant. The required form and content of said application and site plan is available at the city office of planning and development.

8.

Special permit procedures. If the rules and regulations adopted by the SPGA specify referral of the special permit application to other boards or agencies of the city, such boards or agencies may make recommendations to the SPGA within thirty-five (35) days after they receive the application or petition. Failure of a board or agency to report within thirty-five (35) days shall be considered as no opposition.

Within ninety (90) days following the date of the public hearing, the SPGA shall take final action on the special permit application or petition. Issuance of a special permit shall require a positive vote of the number of members of the SPGA required pursuant to MGL c. 40A § 9. If the SPGA fails to act within ninety (90) days, the petition or application for a special permit shall be deemed granted.

Upon granting or denying a special permit, the SPGA shall forthwith:

(1)

File a copy of the decision with the planning board and city clerk;

(2)

Mail a certified copy of its decision to the owner, and applicant if other than the owner;

(3)

Send a notice of the decision to the parties of interest and to persons who requested a notice at the public hearing; and

(4)

Within fourteen (14) days, file copies of the detailed record of its proceedings with the office of the city clerk; and

(5)

Specification that appeals, if any, shall be made pursuant to M.G.L.A. c. 40A, § 17 and shall be filed within twenty (20) days after the date of filing of such notice with the city clerk.

A special permit shall not take effect until:

(1)

The city clerk certifies on a copy of the decision that twenty (20) days have elapsed without filing of an appeal or that any appeal filed has been dismissed or denied;

(2)

The certified decision has been recorded at the owner's expense in the applicable registry of deeds, indexed in the grantor index under the name of the record owner, and noted on the owner's certificate of title. If registered property is involved, the decision shall also be filed with the recorder of the land court.

9.

General acute care [medical district exception.] In the general acute care medical district only, due to the regional nature of such facilities, all duties and powers normally allocated to the zoning board of appeals are hereby retained by the city council.

10.

[Retention of powers by city council for erection of poles for emerging address purposes.] Notwithstanding any provision of this ordinance to the contrary, the city council may by special permit allow the erection of poles to carry sirens or public alert systems and notification systems which may exceed the dimensional requirements as deemed permissible by the city council. All duties and powers normally allocated for the zoning board of appeals are hereby retained by the city council.

(1)

Each application for a special permit shall include all information and be on the official application form as approved and required by the city council. Such application shall include fees as established by the city council pursuant to section XVII-A herein.

(2)

Applications for multiple permits under this section may be combined by the applicant in one application form. Each proposed pole site shall be separately considered on its own merits and as part of a system proposal. Each pole shall be deemed to have been separately permitted even though multiple permits may be combined in one permit form.

(3)

In addition to the conditions set forth in section X-H, 7.B, herein the city council may impose such conditions or restrictions as it deems reasonably appropriate to safeguard the public and the neighborhood where the poles to carry sirens or public alert systems and notification systems are to be located, such conditions shall include but not be limited to:

a)

Limitations on the height or distance of each pole to nearby residence or buildings;

b)

Limitations on the frequency, time or duration of nonemergency activation or testing of the warning or notification system;

c)

Requirements concerning advance notice to area residents before any nonemergency activation or testing of the system;

d)

Requirements concerning municipal access to and use of such system;

e)

Limitations on time and use associated with the duration of other permits and licenses relating to the purpose for which the poles and warning siren systems are erected.

(Ord. of 10-31-88(3); Ord. of 4-29-91; Ord. of 8-9-93; Ord. of 6-13-16(4); Ord. of 6-26-17(1); Ord. of 6-26-17(2); Ord. of 9-24-18; Ord. of 8-30-21(1); Ord. of 3-27-23(3))

Cross reference— Boards, committees, commissions, § 2-61 et seq.

No appeal, application or petition which has been unfavorably and finally acted upon by the SPGA or permit granting authority shall be acted favorably upon within two (2) years after the date of final unfavorable action unless said SPGA or permit granting authority finds, by a vote of four (4) members of a board of five (5) members or two-thirds (⅔) vote of a board of more than five (5) members, 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 planning board consents thereto and 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.

Any petition for a variance or application for a special permit which has been transmitted to the SPGA or 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 SPGA or permit granting authority.

(Ord. of 10-31-88(3); Ord. of 3-27-23(3))

In all cases where notice of a public hearing is required, such notice shall be given pursuant to M.G.L.A. c. 40A, § 11. In addition to the requirements of said M.G.L.A. c. 40A, as may be amended, all those properties on the way that abut the property directly across the way shall be included in notification requirements pursuant to the above.

(Ord. of 8-9-93)

1.

Associate members. The planning board shall have two (2) associate members who shall be appointed by the mayor and confirmed by the city council for terms of three (3) years.

2.

Designation by the chair. The chair of the planning board may designate an associate member to sit on the board for the purposes of acting on a special permit application, in the case of absence, inability to act, or conflict of interest, on the part of any member of the planning board or in the event of a vacancy on the board.

(Ord. of 3-27-23(3))