North Adams City Zoning Code
SECTION 12
ADMINISTRATION AND ENFORCEMENT.
[Ord. of 1-12-2016; Ord. of 8-10-2021]
12.1.
Administration and enforcement by Building Inspector:
12.1.1.
This ordinance shall be interpreted, administered and enforced by the Building Inspector. No building permit shall be issued, except in compliance with the provisions of this ordinance or a decision of the Zoning Board of Appeals or the courts.
12.1.2.
Withhold permits: The Building Inspector shall withhold a permit for the construction, alteration or moving of any building or structure if the building or structure as constructed, altered or moved would be in violation of this ordinance or any amendment thereof. No permit or certificate of occupancy shall be granted for a new use of a building, structure or land use which would be in violation of this ordinance. No permit shall be granted for a new use of a building, structure or land which requires site plan approval unless such approval has been secured from the Planning Board in accordance with Section 12.4, Site plan approval.
12.1.3.
Building permit applications: All applications for building permits shall be accompanied by such plan or plans drawn to scale and showing the locations and dimensions of the lot to be built upon and such other information as may be deemed necessary by the Building Inspector to determine compliance with the provisions of this ordinance.
12.1.4.
Construction: Construction or operators under a building permit shall conform to any subsequent amendment(s) of this ordinance unless the use or construction is commenced within a period of not more than six months after the issuance of the building permit and unless such construction is continued through to completion as continuously and expeditiously as is reasonable.
12.2.
Violations of ordinance:
12.2.1.
If the Building Inspector shall be informed or have reason to believe that any provisions of this ordinance or any permit issued thereunder has been, is being or is likely to be violated, he shall make or cause an investigation to be made of the facts, including an inspection of the property where the violation may exist. If he finds any violations, he shall give immediate notice in writing to the owner or his duly authorized agent and to the occupants of the premises and order that such violation immediately cease. Where it becomes necessary to effectively enforce this ordinance, he may institute such legal process as deemed advisable.
12.2.2.
Request to enforce: If the Building Inspector is requested in writing to enforce a Zoning Ordinance against any person allegedly in violation of the same and the Building Inspector declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons thereof, within 14 days of receipt of such request. Any such request not acted upon within 14 days shall be deemed denied.
12.2.3.
Penalty for violation of Zoning Ordinance: Any person violating any provisions of this ordinance or amendments thereof, or any of the conditions under which a special permit or variance is issued, may be fined not more than $300 for each offense. Each day that such a violation continues shall constitute a separate offense.
12.2.4.
Any home occupation which represents a significant change or disruption to a residential area, as determined by the Building Inspector, shall be penalized by a fine of not more than $100. After two such fines, the permit may be revoked by the Building Inspector, with the right to a final hearing of the Zoning Board of Appeals.
12.3.
Special permits:
12.3.1.
Special permit granting authority: Any board designated as special permit granting authority in this ordinance shall hear and decide upon applications for special permits upon which such board is specifically authorized to act under this ordinance in accordance with the provisions of Section 9, Chapter 40A, of the General Laws. Such special permit granting authority shall adopt and may, from time to time, amend rules relative to the issuance of such permits and shall file a copy of these rules with the City Clerk. Said rules shall not be inconsistent with the provisions of the revised ordinance or Chapter 40A of the General Laws.
12.3.2.
Required hearing and notice: Special permits shall only be issued following public hearings held within 65 days after filing of an application with the Building Inspector for the special permit granting authority. Notice of public hearing shall be given by publication in a newspaper of general circulation in the City once in each of two consecutive weeks, the first publication to be not less than 14 days before the day of such hearing, and by mailing it to "parties of interest" as provided in Section 11, Chapter 40A (General Laws), which include the petitioner, abutters, owners of land directly opposite on any public or private street or way, and owners of land within 300 feet of the property line, as they appear on the most recent applicable tax list, the Planning Board, and the Planning Board of every abutting City and town.
12.3.3.
Review by other boards and agencies: The special permit granting authority shall, within 10 days following its next regularly scheduled meeting after receipt of an application for a special permit, transmit a copy thereof for review to the Board of Health, Conservation Commission, Historical Commission, City Engineer, Commissioner of Public Services and Commissioner of Public Safety and any other municipal board or agency at the discretion of the special permit granting authority. Any board or agency to which such application is referred for review shall make such recommendation as it deems appropriate in writing; provided, however, that failure to make recommendations within 35 days of receipt by such board or agency of the application for review shall be deemed lack of opposition thereto.
12.3.4.
Findings required: Before granting a special permit for any use requiring such permit under the provisions of this ordinance, the special permit granting authority shall find that the proposed use:
(1)
Will be in harmony with the general intent and purposes of this ordinance; and
(2)
Will not be detrimental to adjacent uses or to the established or future character of the neighborhood;
(3)
Will not have vehicular and pedestrian traffic of a type and quantity so as to cause significant adverse effect to the neighborhood;
(4)
Will not have a number of residents, employees, customers or visitors so as to cause significant adverse effect to the neighborhood;
(5)
Will not be dangerous to the immediate neighborhood or the premises through fire, explosion, emission of wastes or other causes;
(6)
Will not create such noise, vibration, dust, heat, smoke, fumes, odor, glare, adverse visual effects or other nuisance or serious hazard so as to adversely affect the immediate neighborhood;
(7)
Will not cause degradation of the environment;
(8)
Will not impose an excessive financial burden to the City.
12.3.5.
Conditions, safeguards and limitations:
(1)
Special permits may be issued subject to such conditions, safeguards or limitation as the special permit granting authority may impose for the protection of neighboring uses or otherwise serving the purposes of this ordinance. Such conditions, safeguards or limitations may include, but are not limited to, the following:
a.
Front, side and rear yards greater than the minimum required by this ordinance; screening buffers or planting strips, fences or walls as specified by the authority;
b.
Limitations upon the size, number of occupants, method and time operation, time duration of the permit or extent of facilities;
c.
Regulation of number and location of driveways or other traffic features, and off-street parking or loading, or other special features beyond the minimum required by this ordinance.
(2)
Any conditions, safeguards or limitations shall be imposed in writing and shall be made a part of the building permit.
12.3.6.
Site plan required: Any use for which a special permit is required shall also require site plan review under the provisions of Section 12.4 of this ordinance.
12.3.7.
Decisions and vote requirements:
(1)
The special permit granting authority shall act within 90 days following the date of public hearing. Failure to take final action upon an application for special permit within 90 days shall be deemed to be a grant of the permit applied for.
(2)
A special permit issued by a special permit granting authority shall require a two-thirds vote of boards with more than five members, a vote of at least four members of a five-member board and a unanimous vote of a three-member board, except where a simple majority is required by Section 9 of Chapter 40A (General Laws), as amended by Chapter 358 of the Acts of 2020.
12.3.8.
Expiration of special permit: A special permit shall lapse in two years if substantial use or construction has not begun under the permit by such date except for good cause.
12.3.9.
Revocation, suspension, and alteration of special permit.
(1)
The special permit granting authority, by at least a two-thirds vote, may revoke, suspend or alter a special permit or levy a fine not inconsistent with the provisions of Section 12.2.3 hereinbefore or both if it is determined after a public hearing that there has been an abuse, misuse, and/or violation of the conditions placed upon the special permit by the special permit granting authority or if the holder of the special permit is in default of any taxes and/or fees owed to the City of North Adams.
(2)
The Department of Inspection Services, acting through the Building Inspector or the Health Inspector, either.
(a)
Shall at the request of the special permit granting authority; or
(b)
May at its own direction
submit to the special permit granting authority an application for revocation, suspension, or alteration of a special permit previously issued by the special permit granting authority. Such an application shall contain evidence of prior complaints, misuse, abuse, and/or violations of conditions placed upon the special permit by the special permit granting authority and/or default of any taxes and/or fees owed to the City of North Adams. |
(3)
The special permit granting authority shall act within ninety (90) days following the public hearing. Failure by the special permit granting authority to take final action on an application for revocation, suspension or alteration of a special permit within ninety (90) days of the public hearing shall be deemed a denial of said application.
12.4.
Site plan approval:
12.4.1.
Purpose:
This Section 12.4 of the Zoning Ordinance of the City of North Adams is enacted pursuant to Chapter 40A of the Massachusetts General Laws to protect and promote the health, safety, and general wellbeing of the public. The Site Plan Approval process delineated herein regulates the development of sites and structures in a manner so as to eliminate or minimize nuisances that may be detrimental to public health, safety, and wellbeing. As such, when considering a Site Plan, the Planning Board shall assure:
(1)
Protection of adjacent areas against detrimental or nuisance uses on the site by provision of adequate surface water drainage; buffers against light, sound, dust and vibration; and preservation of light and air;
(2)
Convenience and safety of vehicular, bicycle, and pedestrian circulation within the site and in relation to adjacent areas, including driveways on public roads and pedestrian and bicycle accommodation;
(3)
Convenience and safety of parking and loading areas within the site;
(4)
Adequacy of the methods for disposal of wastes; and
(5)
Protection of environmental features, including, without limitation, open space, groundwater resources, and existing vegetation.
12.4.2.
Projects Requiring Site Plan Approval: No building permit shall be issued for any of the following uses without a Site Plan that has been reviewed and approved by the Site Plan Approval Authority in accordance with the provisions of this Section 12.4:
(1)
New construction of any use designated as "SPA - Use Permitted by-right with Site Plan Approval" in Appendix A "Use Regulation Schedule" of Chapter Z of these Revised Ordinances of the City of North Adams;
(2)
Expansion of 200 square feet or more of any existing use designated as "SPA - Use Permitted by-right with Site Plan Approval" in Appendix A "Use Regulation Schedule" of Chapter Z of these Revised Ordinances of the City of North Adams;
(3)
Resumption of any use described above that has been discontinued for more than two (2) years; and
(4)
Any Change of Use, as defined in Section 13 hereinafter.
12.4.3.
Site Plan Approval Authority: The Planning Board shall be the Site Plan Approval Authority for the purposes of this Section 12.4. No individual or entity shall commence development of nor receive a building permit for any uses for which a Site Plan is required by Appendix A without first obtaining Site Plan Approval from the Planning Board under the provisions of this Section 12.4. For any use requiring a Special Permit by the Zoning Board of Appeals, the Zoning Board of Appeals shall be the Site Plan Approval Authority.
12.4.4.
Site Plan Application: Any individual or entity, unless exempted by the provisions of 12.4.2 hereinabove, shall submit to the Planning Board an Application for Site Plan Approval. Such applications shall contain an application form, a Site Plan, and a determination of applicability from the Conservation Commission whether the proposed project area is subject to the Wetlands Protection Act. If the Conservation Commission determines that the project area is subject thereto then an order of conditions shall be submitted as part of the application.
12.4.5.
Site Plan. A Site Plan may be prepared on one or more sheets to show clearly the information required herein and to facilitate the review and approval of the plan. The Site Plan shall be in the form and provide the contents as described below:
(1)
Form: The Site Plan unless waived by the Planning Review Committee at the request of the applicant, shall be prepared by a duly licensed engineer, architect, landscape architect or land surveyor. Any Site Plan prepared by a registered engineer, architect, landscape architect or land surveyor shall bear on each sheet the seal of registration and actual signature of the preparer, as well as the date of preparation. All plans, whether or not prepared by a registered professional, shall be drawn to scale and bear on each sheet, the actual signature of the preparer and the date of preparation.
(2)
Contents: Said Site Plan shall show the following drawn to a scale adequate to represent the required information:
(a)
A key map showing the relationship of the subject property to adjoining properties, existing streets, road and railroad rights-of-way within 1,000 feet of any part of the property.
(b)
All property boundaries and the use and ownership of abutting land within 200 feet of the proposed site and the location and use of any building thereon of the subject property. The North Adams Assessor's Maps, as amended to the date of filing said Site Plan, shall be acceptable to show the information required by this paragraph.
(c)
All existing and proposed buildings, structures, parking spaces, driveway openings, sidewalks, loading areas, and service areas on the subject property.
(d)
All existing driveways and pedestrian and bicycle accommodation on abutting public roads and within 200 feet of the property boundaries.
(e)
Provisions for screening, surfacing, lighting, landscaping (including fences, walls, planting areas, and walkways) and signs.
(f)
Provisions for waste disposal, utilities, drainage, dust, erosion control and snow storage.
(g)
Interior plans, if deemed relevant by the Planning Board.
(h)
Topographic data for the property at two-foot contour intervals, showing the existing and proposed grades and the location of natural features, such as streams, swamps, rock outcrops, and major trees six inches or more in diameter. The Planning Board may waive the need for topographic data by a majority vote based on the scope of the project.
(i)
The name of the development, the name and address of the record owner or developer, North arrow, scale, date, all easements or rights-of-way provided for public services or utilities.
(j)
A detailed computation of total lot area, of building floor area for each type of proposed use, and lot coverage by all buildings.
(k)
The Planning Board may require further information with respect to such elements listed above.
12.4.6.
Procedure: The following procedure shall be implemented upon the receipt of an application for Site Plan Approval under this section:
(1)
An application for a Site Plan Approval and a Site Plan subject to this section shall be submitted, in duplicate, to the Planning Board Secretary, who shall give the applicant a dated receipt.
(2)
The Planning Board Secretary shall, within two working days after receipt of the application, transmit copies of the application to a Planning Review Committee, comprising the Building Inspector, the Director of Community Development, and the Commissioner of Public Services, or their designees. Applications shall also be transmitted by the Planning Board Secretary separately to the Board of Health, Conservation Commission, and Historical Commission within two working days after receipt thereof. The Planning Review Committee shall meet to review applications and determine compliance with the requirements of Section 12.4.5 and, if so deemed, submit recommendations to the Planning Board in writing on all applications no more than one week after receipt. Any board or department to which such an application is transmitted for review shall submit to the Planning Board Secretary in writing such recommendations as it deems appropriate; provided, however, that failure to submit recommendations at least one week prior to the public meeting at which the application is to be reviewed by the Planning Board shall be deemed approval by the relevant board or department.
(3)
The Planning Board Secretary, within two working days of receiving an application and written recommendations thereon from the Planning Review Committee, shall transmit such materials to the Planning Board.
(4)
If the Planning Review Committee finds that the application is not compliant with the requirements of Section 12.4.5, the application shall be returned to the applicant with a copy of their report and notification of non-compliance shall be submitted in writing to the Planning Board. No approval shall be granted on the basis of an application deemed incomplete or insufficient in accordance with the provisions of this section.
(5)
If an application is deemed compliant with the requirements of Section 12.4.5, then the Planning Board shall conduct a public meeting within 65 calendar days of the receipt of the applicant by the Planning Board Secretary.
(6)
Notice of the public meeting shall be given by posting such notice in a conspicuous place in City Hall for a period of not less than 2 full business days before the date of such meeting and by mailing notice of the meeting, postage prepaid to "parties of interest", who shall include the applicant, owner of the property if other than the applicant, abutters, owners of land directly opposite on any public or private street or way and owners of land within 300 feet of the property line, as they appear on the most recent applicable tax list.
(7)
The Planning Board may, in approving such a plan, establish a time period within which the Site Plan Approval so granted shall be exercised. Such time period shall not exceed two years.
(8)
The granting of Site Plan Approval under the provisions of this section shall require a majority vote of the Planning Board.
(9)
Within ninety (90) calendar days of receipt of the application by the Planning Board Secretary, the Planning Board shall notify the applicant of its determination and actions taken. Should the Planning Board fail to notify the applicant within ninety (90) calendar days then approval of application shall be assumed.
(10)
No building permit shall be issued for any building or structure or use of land for which Site Plan Approval is required unless approval thereof shall have been obtained in compliance with the above; nor shall any building permit be issued unless a performance bond is posted in the amount equal to the estimated cost of the completion of the work within the public right-of-way for which Site Plan approval is required. The Planning Board may waive the performance bond by a majority vote.
12.4.7.
Withdrawal of Application: Any application for Site Plan Approval under this section, which has been accepted by the Planning Board Secretary, may be withdrawn without prejudice by the applicant at any time prior to the public meeting.
12.4.8.
Review by Other Boards and Departments: Any board or department may recommend and the Planning Board may impose such additional requirements and restrictions for any use as in the judgment of the reviewing boards and departments are necessary for the protection of public health, safety, and wellbeing; the environment; historic integrity; and neighboring uses.
12.4.9.
Criteria. In reviewing such applications, the Planning Board shall consider the following:
(1)
Protection of adjoining premises and the general neighborhood from any detrimental impact resulting from the use of the subject property, including, but not limited to, creation of a nuisance by virtue of noise, lighting, odor, unsightliness, signs, or vibration.
(2)
Adequacy as to the arrangement of proposed buildings, structures, lighting, signs, screening, and landscaping.
(3)
Convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent streets, properties or improvements.
(4)
Adequacy of the methods of disposal for sewage, refuse and other wastes and of the methods of drainage of surface water.
(5)
Provisions for off-street loading and unloading of vehicles incidental to the servicing of the buildings and related uses on the subject property.
(6)
Adequacy, arrangement and number of off-street parking spaces in relation to proposed uses, including the impact of snow storage on parking.
(7)
Protection of wetland and wildlife habitat.
(8)
Protection of significant historic, scenic and environmental features of the City.
(9)
Building design, site layout and landscaping will be in a manner which complements the attractiveness of the City and the surrounding environment.
12.4.10.
Granting or Denying Site Plan Approval.
(1)
The Planning Board, after site inspection and public hearing, shall grant the requested Site Plan Approval, shall deny Site Plan Approval or shall grant Site Plan Approval subject to modifications noted on the Site Plan and in the Site Plan Approval letter.
(2)
In making its decision, the Planning Board shall give due consideration to recommendations of other boards and departments as provided in Section 12.4.8.
(3)
Before granting the Site Plan Approval, the Planning Board shall make, and the record of the hearing shall contain, specific findings that the proposed use meets each of the criteria listed in Section 12.4.9 and may require modifications to the Site Plan based on its review.
12.4.11.
Extension of Time for Planning Board Action: The period within which final action shall be taken may be extended to a time certain by mutual agreement of the Planning Board and the applicant.
12.4.12.
Inadequate Information: In the event that the Planning Board determines that the Site Plan and data presented to it at the public hearing are inadequate to permit the Board to make a finding and determination, it may, in its discretion, either deny the application without prejudice or adjourn the hearing to a later date to permit the applicant to provide additional data or revisions of the Site Plan or both; provided, however, that such adjournment shall not extend the period within which final action under this section must be taken by the Board, unless such period is extended to a day certain by mutual assent to the Board and the applicant.
12.4.13.
Certificate of Occupancy and Conformity with Site Plan: No certificate of occupancy shall be issued for use of any building or structure or use of land under this section, unless the building or structure is constructed or used or the land is developed or used in conformity with an approved Site Plan or any amendment of such plan.
12.4.14.
Revision and Waiver of Plan Requirements:
(1)
A Site Plan may be revised by submitting a written request or revision to the Planning Board. The Planning Board will review the request and determine if the revision is considered a minor change or a major change to the overall Site Plan. If determined by the Board to be a minor change, the Board will vote to accept or deny the requested revision at a regularly scheduled meeting. If determined by the Board to be a major revision, a public meeting on the change will be scheduled and duly noticed.
(2)
Compliance with all of the foregoing requirements may be waived upon written request by the applicant to the Planning Board and the Board may so waive such compliance when in the judgment of the Planning Board such waiver is not contrary to the public interests and not inconsistent with the provisions, intent and purposes of this ordinance.
12.5.
Zoning Board of Appeals:
12.5.1.
Appointment, composition and term of office:
(1)
There shall be a Zoning Board of Appeals consisting of five members who shall be citizens of the City. The Mayor shall appoint the members of such Board. Their terms shall be five years in length and so arranged that the term of one member shall expire each year on the first day of January. Said Board may be the same Board created under Article XVI, Section 2-87, of these Revised Ordinances.
(2)
Associate members: The Mayor shall also appoint two associate members of the Zoning Board of Appeals. The associate members shall be citizens of the City and shall each serve for the term of five years. The Chairman of the Board may designate any such associate member to sit on the Board in case of absence, inability to act or conflict of interest on the part of any member thereof, or in the event of a vacancy on the Board until said vacancy is filled in the manner thereinafter provided.
(3)
Removal: Any member or associate member may be removed for cause by the Mayor upon written charges and after a public hearing.
(4)
Vacancies: Vacancies shall be filled for the unexpired terms in the same manner as in the case of original appointments.
12.5.2.
Officers and employees: The Board shall annually elect a Chairman from its own number and a Clerk and may, subject to appropriation, employ experts and clerical and other assistants.
12.5.3.
Powers and duties: The Zoning Board of Appeals shall have the powers and duties conferred by General Laws Chapter 40A, Section 14, which are:
(1)
To hear and decide petitions for variances from Chapter 40A.
(2)
To hear and decide applications for special permits upon which the Board may be empowered to act by these ordinances.
(3)
To hear and decide petitions for variances from the terms of these Revised Ordinances with respect to a particular piece of land or structure. Such variances shall be granted only in cases where the Zoning Board of Appeals finds the following:
(a)
That there are circumstances relating to the soil conditions, shape or topography which especially affect the land or structure in question, but which do not affect generally the zoning district in which the land or structure is located.
(b)
That due to those circumstances especially affecting the land or structure, literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner or appellant.
(c)
That desirable relief may be granted without nullifying or substantially derogating from the intent or purpose of the Zoning Ordinance.
(d)
That desirable relief may be granted without substantial detriment to the public good.
12.5.4.
Rules: The Zoning Board of Appeals shall adopt rules, not inconsistent with the provisions of these Revised Ordinances or Chapter 40A of the General Laws, for conducting its business and shall file a copy of said rules with the City Clerk. Meetings of the Board shall be held at the call of the Chairman and also when called in such other manner as may be provided for in its rules.
12.5.5.
Appellate procedure: The appellate procedure of the Zoning Board of Appeals shall be as outlined in Section 14 of said Chapter 40A.