Northfield City Zoning Code
ARTICLE 3
Administration
§ 200-3.1 Enforcement; violations and penalties.
A.
The Building Inspector is hereby designated and authorized as the officer charged with the interpretation and enforcement of this Zoning Bylaw.
B.
It shall be unlawful for any owner or person to erect, construct, reconstruct, convert, or alter a structure, or change the use, increase the intensity of use, or extend or displace the use of any structure or lot without applying for and receiving from the Building Inspector the required permit therefor.
C.
No premises, and no building erected, altered, or in any way changed as to construction or use under a permit or otherwise, shall be occupied or used without a certificate of occupancy issued by the Building Inspector. Such certificate of occupancy shall not be issued until the premises, structure, and its uses and accessory uses comply in all respects with this Zoning Bylaw and, if applicable, a site plan certificate of completion shall be issued.
[Amended 1-24-2022 STM by Art. 16]
D.
Enforcement.
(1)
Any person may file a written request to the Building Inspector for enforcement of this Zoning Bylaw with reference to an alleged violation. If upon investigation and inspection the Building Inspector finds evidence of such violation, he shall give notice thereof, in writing, to the owner and occupant of said premises and demand that such violation be abated within such time as the Building Inspector deems reasonable. Such notice and demand may be given by mail, addressed to the owner at his address as it then appears on the records of the Board of Assessors and to the occupant at the address of the premises.
(2)
If after such notice and demand the violation has not been abated within the time specified therein, the Building Inspector shall institute appropriate action or proceedings in the name of the Town of Northfield to prevent, correct, restrain or abate such violation of this Zoning Bylaw.
(3)
If the Building Inspector determines that there is no violation, he shall give written notice of his decision to the complaining person within 14 days after the receipt of such request.
E.
Appeal. As provided in MGL c. 40A, § 8, any person aggrieved by reason of inability to obtain a permit or enforcement action from the Building Inspector may appeal to the Board of Appeals.
F.
Penalty.
(1)
Anyone who violates a provision of this Zoning Bylaw, or any condition of a variance, site plan review decision or special permit, shall be punishable by a fine of not more than $300 for each offense. Each day during which any portion of a violation continues shall constitute a separate offense.
(2)
As an alternative means of enforcement, the Building Inspector may impose noncriminal penalties pursuant to MGL c. 40, § 21D, in accordance with the following schedule:
(a)
First offense: warning (verbal or written).
(b)
Second offense: $100.
(c)
Third offense: $200.
(d)
Fourth and each subsequent offense per violation: $300.
§ 200-3.2 Zoning Board of Appeals.
A.
Establishment. There shall be a Zoning Board of Appeals (herein sometimes referred to as the "Board of Appeals") consisting of five members and up to three associate members appointed by the Selectboard. Each member shall serve for a five-year term, except that the term for associate members shall be one year. The appointment, service, and removal or replacement of members and associate members and other actions of the Board of Appeals shall be as provided for in MGL c. 40A.
B.
Powers. The Board of Appeals shall have the following powers:
(1)
To hear and decide appeals in accordance with MGL c. 40A, § 8, as amended.
(2)
To hear and decide, in accordance with the provisions of MGL c. 40A, § 9, applications for special permits when designated as the special permit granting authority herein.
(3)
To hear and decide, in accordance with the provisions of MGL c. 40A, § 6, applications for special permits to change, alter, or extend lawfully preexisting nonconforming uses and structures to the extent allowed by Article 6.
(4)
To hear and decide petitions for variances in accordance with MGL c. 40A, § 10.
(5)
To hear and decide applications for comprehensive permits for construction of low- or moderate-income housing, as set forth in MGL c. 40B, §§ 20 to 23.
C.
Rules and regulations. The Board of Appeals shall adopt rules and regulations for the administration of its powers and shall file a copy of such regulations with the Town Clerk.
D.
The Board of Appeals may adopt reasonable administrative fees and procedures and fees for employing outside consultants to assist the Board with its review of special permits, variances, administrative appeals, and applications for comprehensive permits in accordance with its regulations.
§ 200-3.3 Planning Board.
A.
Establishment. There shall be a Planning Board consisting of five elected members. Each member shall serve for a five-year term.
B.
Powers. The Planning Board shall have and exercise all the powers granted to Planning Boards by the General Laws, including MGL c. 40, c. 40A, and c. 41, and by this Zoning Bylaw, including but not limited to the following:
(1)
To hear and decide applications for special permits when designated as the special permit granting authority herein.
(2)
To review site plans pursuant to § 200-3.5.
C.
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 MGL c. 40A and this Zoning Bylaw, and shall file a copy of such rules in the office of the Town Clerk.
D.
Fees. The Planning Board may adopt reasonable administrative fees for petitions for special permits and site plan review, and procedures and fees for employing outside consultants to assist the Board with its review of special permits in accordance with its regulations.
§ 200-3.4 Special permits.
A.
Procedures. Application for a special permit shall be filed in accordance with the rules and regulations of the applicable special permit granting authority and MGL c. 40A.
B.
Public hearing. The special permit granting authority shall hold a public hearing within 65 days of receipt of a special permit application, and shall issue a decision no later than 90 days from the closing of the public hearing. Notification requirements for a public hearing shall be in accordance with MGL c. 40A, § 11.
C.
Decision criteria. Unless otherwise specified herein, special permits shall be granted by the special permit granting authority 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. The determination shall include findings that all of the following criteria for granting a special permit are met:
(1)
The use is in harmony with the general purpose and intent of this Zoning Bylaw;
(2)
The use is in an appropriate location and is not detrimental to the neighborhood and does not significantly alter the character of the zoning district;
(3)
Adequate and appropriate facilities will be provided for the operation of the proposed use;
(4)
The proposed use will not be detrimental or otherwise offensive to the adjoining zoning districts and neighboring properties due to the effects of lighting, odors, smoke, noise, sewage, refuse materials, or visual or other nuisances;
(5)
The proposed use will not cause undue traffic congestion in the immediate area;
(6)
To the maximum extent possible, the proposed use conforms to the principles of rural design in § 200-8.1 of this bylaw; and
(7)
The proposed use is consistent with the Northfield Master Plan.
D.
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 Zoning Bylaw. Such conditions may include but shall not be limited to the following:
(1)
Deadline to commence construction.
(2)
Dimensional standards more restrictive than those set forth in Article 7 of this Zoning Bylaw.
(3)
Limitations on signage, number of vehicles or parking spaces, noise, or hours of operation of construction equipment.
(4)
Limitation of size, method or hours of operation, extent of facilities, or other operating characteristics of a use.
(5)
Requirements pertaining to integrated emergency or alarm systems, maintenance, landscaping, dust control, wastewater disposal or water supply, bond or other performance guarantee.
(6)
Requirements for independent monitoring, at the expense of the applicant, and reporting to the Building Inspector, if necessary to ensure continuing compliance with the conditions of a special permit or of this Zoning Bylaw.
(7)
Term for years with or without automatic renewals, to the extent allowed by law.
(8)
Other limitations as may be reasonably related to reducing any adverse impact on, or increasing the compatibility of the proposed use, structure or activity with, the surrounding area.
E.
Lapse. Special permits shall lapse within two years, which shall not include such time required to pursue or await the determination of an appeal under MGL c. 40A, § 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause, or, in the case of a special permit for construction, if construction has not begun by such date except for good cause.
F.
Special permits shall not take effect until recorded with the Registry of Deeds or Registry District of the Land Court, as applicable, as provided in MGL c. 40A, § 11. Proof of recording shall be presented to the Building Inspector.
G.
Use of outside consultants. Any special permit granting authority may hire professional consultants at the applicant's expense pursuant to MGL c. 44, § 53G, to assist with review of a special permit application, provided that the procedures for hiring outside consultants are set forth in the applicable board's rules and regulations.
§ 200-3.5 Site plan review.
A.
Purposes. Site plan review is a means of managing the aesthetics and environmental impacts of land use by the regulation of permitted uses, not their prohibition. Its purpose is to assure protection of the public interest consistent with a reasonable use of the site for the purposes permitted in the district. Accordingly, no building permit shall be issued for any use, site, or building alteration, or other improvement that is subject to this section, unless an application for site plan review has been prepared in accordance with the requirements herein and unless such application has been approved by the Planning Board (hereinafter referred to in this section as the "Board").
B.
Applicability. Site plan review shall apply to the following:
(1)
New construction or any alteration, reconstruction, or renovation of any multifamily, commercial, industrial, institutional, or municipal use involving 1,500 square feet or more of gross floor area.
(2)
New construction or any alteration, reconstruction, or renovation of an existing building, or any change in use of an existing building requiring five or more parking spaces.
(3)
Any use or structure or expansion thereof, and any use of land, exempt under MGL c. 40A, § 3, if one or both of the above criteria in Subsection B(1) or (2) also apply, and only to the extent allowed by law.
(4)
Construction, expansion, redesign, or alteration of an existing parking area involving the addition of five or more new parking spaces.
C.
Relationship to other permits and approvals.
(1)
For uses requiring a special permit in Table 1, Schedule of Uses,[1] the Planning Board or Board of Appeals shall review site plans prior to acting on applications for special permits. In such cases, the site plan shall serve as the plan of record for the proposed special permit; no separate site plan approval under this section shall be required.
[1]
Editor's Note: See § 200-5.4, Schedule of Uses.
(2)
The Building Inspector shall not issue a building permit for any project subject to this section unless the Board has approved a site plan therefor or allowed 90 calendar days to elapse from the site plan submission date unless the applicant has requested an extension, in writing. Any work done in deviation from an approved site plan shall be a violation of this bylaw unless such deviation is approved, in writing, by the Board or determined by the Building Inspector to be an insubstantial change.
[Amended 1-24-2022 STM by Art. 16]
D.
Exemptions. The following shall be exempt from site plan review under this section:
(1)
Single-family and two-family homes, including additions or enlargements.
(2)
Residential subdivisions approved by the Board under the Northfield Subdivision Rules and Regulations.[2]
[2]
Editor's Note: See Ch. 315, Subdivision of Land.
(3)
Projects in which the only exterior change that is visible from a public or private way, requiring a building permit, pertains to:
(a)
Architectural barrier removal to comply with the Americans with Disabilities Act (ADA)[3] or regulations of the Massachusetts Architectural Access Board (AAB); or
[3]
Editor's Note: See 42 U.S.C. § 12101 et seq.
(b)
Installation of awnings, exterior siding, or roofing, or replacement of windows or doors.
E.
Procedures for site plan review.
(1)
The Board shall promulgate, after public notice and hearing, Site Plan Rules and Regulations to effectuate the purposes and intent of this section, including submission requirements and procedures, modification of approved site plans, delegating administrative review to the Board's designee for review of small-scale projects without a public meeting, and standards of review consistent with Subsection F below.
(2)
Applicants shall submit an application for site plan review to the Board.
(3)
The site plan submission date shall be the date the site plan application is filed with the Town Clerk and the Board, unless the Board notifies the applicant within 21 days of submission that the application is incomplete. In such case, the site plan application will not be deemed to have been submitted.
(4)
The Board shall review the site plan at a duly posted open meeting. Any public notice to abutters and other parties of interest shall be conducted in accordance with the Site Plan Rules and Regulations.
(5)
The Board shall review and act upon the site plan, requiring such conditions as necessary to satisfy the site plan review standards under Subsection F below, and notify the applicant of its decision. The decision shall be in writing and shall be filed with the Town Clerk within 90 days of the application date. The applicant may request, and the Board may grant by majority vote of the membership, an extension of the time limit set forth herein.
[Amended 1-24-2022 STM by Art. 16]
(6)
The Board may approve the site plan or approve it with the conditions, or deny a site plan only if the plan does not include adequate information as required by the Site Plan Rules and Regulations, or if the plan depicts a use or structure so contrary to health, safety and welfare of the public that no set of conditions would render the project tenable. The Board's decision shall be by majority vote of the membership, and the decision shall be in writing.
(7)
The applicant shall satisfy or comply with all conditions of the site plan review decision prior to the issuance of a building permit except for those conditions that by their terms are intended to be satisfied during construction or later.
(8)
Unless specifically authorized by the terms of the site plan review decision, a final certificate of occupancy shall not be issued until the applicant has complied with or satisfied all conditions of the site plan review decision.
F.
Site plan review standards. The Board's Site Plan Rules and Regulations shall adopt standards for site plan review that will at a minimum address the following:
(1)
Principles of rural design in § 200-8.1 of this bylaw;
(2)
Siting of facilities;
(3)
Design guidelines for buildings and sites;
(4)
Open space and natural features;
(5)
Pedestrian, bicycle, and vehicular safety and circulation;
(6)
Water quality;
(7)
Stormwater;
(8)
Utilities, exterior lighting, parking, and snow removal;
(9)
Trees and landscaping;
(10)
Historic significance;
(11)
Signage;
(12)
Energy-efficient site design;
(13)
Potential adverse effects and mitigation thereof.