North Attleborough City Zoning Code
ARTICLE VIII
Administration and Enforcement
§ 290-40 Administrative officer.
It shall be the duty of the Building Inspector to administer and enforce the provisions of this bylaw.
§ 290-41 Permit required.
A.
It shall be unlawful for any owner or person to erect, construct, reconstruct, or alter a structure or change the use of lot coverage, or extend or displace the use of any building, other structure or lot without applying for and receiving from the Building Inspector the required building permit therefor. 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.
B.
An application for a permit shall be submitted in duplicate and shall be accompanied by a plan, accurately drawn, showing the lot number, plat number, and 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 bylaw. The application shall further be accompanied by evidence of plan approval as required by the Board of Health and certificate and seals of the surveyor who prepared the plan. A record of all applications, plans, and permits shall be kept on file by the Building Inspector. The Building Inspector shall take action on an application for a permit, either granting the permit or disapproving the application, within 14 days of receipt of the application.
§ 290-42 Previously approved permits.
The status of previously approved permits shall be as determined by MGL c. 40A, § 6.
§ 290-43 Certificate of occupancy required.
A.
It shall be unlawful to use or occupy any structure or lot thereafter erected or altered unless the Building Inspector has issued a certificate of occupancy and has specified thereon the use to which the structure or lot may be put. Applications for certificates of occupancy shall be filed coincident with the application for building permits and shall be issued or refused in writing for cause within 10 days after the Building Inspector has been notified, in writing, that the erection or alteration of such building has been completed. A record of all certificates shall be kept on file in the office of the Building Inspector. Buildings necessary to dwellings when completed at the same time shall not require a separate certificate of occupancy.
B.
Pending the issuance of a regular certificate, a temporary certificate may be issued for a period not exceeding six 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 bylaw to such a degree as to render it unsafe for the occupancy proposed.
§ 290-44 Permit and certificate fees.
Fees to be established by the Town Council.
§ 290-45 Permit time limits.
Any work for which any permit has been issued by the Building Inspector shall be actively prosecuted within six months and completed within two years of the date of issuance of the permit, except that for reasonable cause, the Building Inspector may grant one or more extensions of time for additional periods not exceeding 90 days each for both actively prosecuting the work and for completing the work. Any project not completed within the applicable time limits shall be in violation of this bylaw.
§ 290-46 Notice of violations.
The Building Inspector shall serve a notice of violation and order to any owner or person responsible for the erection, construction, reconstruction, conversion, or alteration to a structure or change in use, increase in intensity of use, or extension or displacement of use of any structure or lot in violation of a permit or certificate issued under the provisions of this bylaw or in violation of any provision of this bylaw, 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 Building Inspector. 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, morals or general welfare.
§ 290-47 Violations and penalties.
[Amended 8-29-2023 by Measure No. 2023-079]
If the notice of violation and order is not complied with promptly, the Town Council 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. Any person, firm or corporation violating any of the provisions of this bylaw, for each violation, upon conviction thereof, shall pay a fine of not more than $300. Each day, or portion of a day, that any violation is allowed to continue shall constitute a separate offense. Violation of this bylaw may also be subject to a noncriminal penalty as provided in Chapter 1, General Provisions, § 1-3.
§ 290-48 Zoning Board of Appeals.
A.
Membership. There shall be a Zoning Board of Appeals of five members and three associate members.
C.
Removal of members. Any member may be removed for cause by the appointing authority upon written charges and after a public hearing.
D.
Powers. The Board shall have the following powers:
(1)
To hear and decide appeals.
(2)
To hear and decide applications for special permits for exceptions.
(3)
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 bylaw.
E.
Adoption of rules. The Board shall adopt rules to govern its proceedings pursuant to the Zoning Act.
F.
Appeals. An appeal to the Board may be taken by any person aggrieved by reason of his inability to obtain a permit from the Building Inspector, by any officer or board of the Town, or by any person aggrieved by any order or decision of the Building Inspector or other administrative official in violation of any provision of this bylaw. Appeals to the Board shall be taken in accordance with the rules of the Board and the Zoning Act.
G.
Other requirements. The granting of any appeal by the Board shall not exempt the applicant from any provision of this bylaw not specifically ruled upon by the Board or specifically set forth as accepted in this particular case from a provision of this bylaw. It shall be unlawful for any owner or person to reconstruct, convert or alter a structure or change the use, increase the intensity of use, or extend or displace the use of any building, other structure or lot, or change any required limitations or special conditions imposed by the Board in authorizing a special permit or variance without appealing to the Board as a new case over which the Board shall have complete administrative power to deny, approve or modify.
H.
Special permits.
(1)
Certain uses, structures or conditions are designated as exceptions in Article V, Use Schedule B, and elsewhere in this bylaw. Upon written application duly made to the Zoning Board of Appeals, the Board may, in appropriate cases subject to the applicable conditions set forth in Article VI of this bylaw and elsewhere, and subject to other appropriate conditions and safeguards, grant a special permit for such exceptions and no others. If the Planning Board is specified as the special permit granting authority (SPGA) elsewhere in this bylaw for particular uses, the provision of this § 290-48H shall apply to the Planning Board as well.
(a)
Before approving an application for a special permit, the Board, 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 Schedule B as a special permit in the district for which application is made or is so designated elsewhere in this bylaw.
[2]
The requested use is essential 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 Town will be unduly subjected to hazards affecting health, safety, or the general welfare.
[6]
The requested use will not impair the integrity or character of the district or adjoining zones, nor be detrimental to the health, morals, or welfare.
(b)
The Board shall also impose in addition to any applicable conditions specified in this bylaw such additional conditions as it finds reasonably appropriate to safeguard the neighborhood, or otherwise serve the purposes of this bylaw, including, but not limited to, the following: front, side, or rear yards greater than the minimum required by this bylaw; screening buffers or planting strips, fences, or walls, as specified by the Board; modification of the exterior appearance of the structures; limitation upon the size, number of occupants, method and time of operation, time duration of permit, or extent of facilities; 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 bylaw. Such conditions shall be imposed in writing, and the applicant may be required to post bond or other security for compliance with said conditions in an amount satisfactory to the Board.
(c)
In order that the Board may determine that the above-mentioned restrictions are to be met, a site plan shall be submitted, in duplicate, to the Board by the applicant. Said site plan shall show, among other things, all existing and proposed buildings, structures, parking spaces, driveway openings, driveways, service areas, and other open uses; all facilities for sewage, refuse and other waste disposal, and for surface water drainage; and all landscape features such as fences, walls, planting areas, and walks.
(2)
The Board shall within five days after receipt of an application for a special permit transmit one copy of such application and any accompanying site plan to the Planning Board. The Planning Board may, in its discretion, investigate the application and report, in writing, its recommendations to the Board as the Planning Board deems appropriate and shall send a copy thereof to the applicant within 20 days of receipt of the application for a special permit. The Board shall not open a public hearing on any application for a special permit until at least 25 days have elapsed after the receipt by the Board of the application.
I.
Variances.
(1)
The Zoning Board of Appeals may authorize a variance for a particular use or parcel of land or to an existing building thereon from the terms of this bylaw where, owing to conditions especially affecting such parcel or such building but not affecting generally the district in which it is located, a literal enforcement of the provisions of this bylaw would involve substantial hardship, financial or otherwise, to the appellant and, where 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 bylaw.
(2)
Before any variance is granted, the Board must find all of the following conditions to be present:
(a)
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.
(b)
Strict application of the provisions of this bylaw 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 neighborhood lands, structures or buildings in the same district.
(c)
The unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of this bylaw.
(d)
Relief, if approved, will not cause substantial detriment to the public good or impair the purposes and intent of this bylaw.
(e)
Relief, if approved, will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the district.
§ 290-49 Planning Board associate member.
[Added 6-7-2023 by Measure No. 2023-033]
There shall be one associate member of the Planning Board, appointed by the Town Manager under the authority of MGL c. 40A, § 9. The associate member shall sit on the Planning Board for the purpose of acting on special permit application hearings in 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.
§ 290-50 Amendment.
[Amended 6-7-2023 by Measure No. 2023-033]
Neither this bylaw nor any amendment thereto nor the Zoning Map shall be modified, changed, or replaced except in accordance with the provisions of MGL c. 40A, § 5. In all cases involving changes to the Zoning Map where notice of public hearing is required, notice shall be sent to the parties in interest by first-class mail by the petitioner. It shall be the petitioner's responsibility to provide proof of mailing to the Planning Board. "Parties in interest" shall mean the petitioner, the owner of the property if he is not the petitioner, abutters, owners of land directly opposite on any public or private street or way and abutters to abutters within 300 feet of the property line of the land subject to public hearing, as they appear on the most recent applicable tax list.
§ 290-51 Severability.
A.
If any provision of this bylaw is declared unconstitutional or illegal by final judgment order or decree of the Supreme Judicial Court of the Commonwealth of Massachusetts or any lower court, the validity of the remaining provisions of this bylaw shall not be affected thereby.
§ 290-52 Effective date.
This bylaw shall take effect upon approval by the Attorney General of the Commonwealth of Massachusetts and publication as provided in MGL c. 40, § 32 (September 1973).