Otis City Zoning Code
ARTICLE IX
Administration and Enforcement
§ 150-9.1 Enforcement.
[Amended 5-20-2025 ATM by Art. 23]
A.
Zoning Enforcement Officer. The Building Inspector shall be the Zoning Enforcement Officer and shall be appointed by the Select Board to serve at the pleasure of the Select Board pursuant to such qualifications as may be established by the Select Board. The Zoning Enforcement Officer shall be responsible for the administration and enforcement of this Zoning Bylaw. Removal of the Zoning Enforcement officer requires a public hearing and just cause.
B.
Permit required. Pursuant to the State Building Code, the Building Inspector may require such plans and specifications as may be necessary to determine compliance with all pertinent laws of the commonwealth. Buildings, structures or signs may not be erected, substantially altered, moved, or changed in use and land may not be substantially altered or changed in principal use unless in compliance with then-applicable zoning and after all necessary permits have been received under federal, state, or local law.
C.
Enforcement. The Building Inspector shall institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of this bylaw and of permits and variances issued thereunder, including notification of noncompliance and request for legal action through the Select Board to Town Counsel.
D.
Penalties. Except where otherwise provided, the penalty for violation of any provision of this bylaw, of any of the conditions under which a permit is issued, or of any decision rendered by the Board of Appeals shall be $300 for each offense. Each day that each violation continues shall constitute a separate offense.
§ 150-9.2 Board of Appeals.
A.
Establishment. There shall be a Board of Appeals consisting of five members and two associate members to be appointed by the Select Board as provided in MGL c. 40A, § 12.
B.
Powers. The Board of Appeals shall have and exercise all the powers granted to it by MGL c. 40A, c. 40B, and c. 41 and by this bylaw. The Board's powers are as follows:
(1)
To hear and decide applications for special permits. Unless otherwise specified herein, the Board of Appeals shall serve as the special permit granting authority.
(2)
To hear and decide appeals or petitions for variances from the terms of this bylaw, with respect to particular land or structures, as set forth in MGL c. 40A, § 10. The Board of Appeals shall not grant use variances.
(3)
To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of MGL c. 40A, §§ 8 and 15.
(4)
To hear and decide comprehensive permits for construction of low- or moderate-income housing by a public agency or limited dividend or nonprofit corporation, as set forth in MGL c. 40B, §§ 20 to 23.
C.
Regulations. The Board of Appeals may adopt rules and regulations for the administration of its powers.
D.
Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits.
§ 150-9.3 Special permits.
A.
Special permit granting authority. Any board designated as special permit granting authority in this bylaw may hear and decide applications for special permits in accordance with the provisions of MGL c. 40A, § 9.
B.
Criteria. Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the Town or the neighborhood, in view of the particular characteristics of the site and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this bylaw, the determination shall include consideration of each of the following:
(1)
Social, economic, or community needs which are served by the proposal;
(2)
Traffic flow and safety, including parking and loading;
(3)
Adequacy of utilities and other public services;
(4)
Neighborhood character and social structures;
(5)
Impacts on the natural environment; and
(6)
Potential fiscal impact, including impact on Town services, tax base, and employment.
C.
Review by other boards and agencies. The special permit granting authority shall within 10 days after receipt of an application for a special permit transmit a copy thereof for review to the Board of Health, the Planning Board, the Select Board, the Conservation Commission and any other municipal board or agency at the discretion of the special permit granting authority. Any board or agency to which such applications are referred for review shall make such recommendations as it deems appropriate, in writing; provided, however, the 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.
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 bylaw.
E.
Plans. Unless otherwise provided the rule or regulation of the special permit granting authority, an applicant for a special permit shall submit a plan in substantial conformance with the requirements of § 150-9.4, herein.
(1)
The provisions of this section should not apply to applications for special permits to reconstruct, extend, alter, or structurally change a nonconforming single- or two-family structure.
F.
Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section.
G.
Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits.
H.
Lapse. Special permits shall lapse if a substantial use thereof or construction there under has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof) with the Town Clerk.
§ 150-9.4 Site plan review.
[Amended 5-20-2025 ATM by Art. 23]
A.
Purpose. The purpose of the site plan approval process is to assure that development proposals are consistent with the environmental and site planning objectives of the Town of Otis. The site plan shall provide basic information necessary for reasoned review by citizens and agencies of the Town.
B.
Applicability. The following uses shall be required to obtain site plan approval from the Town of Otis Planning Board:
(1)
Any use available as of right in the Village District, other than a one- or two-family dwelling;
(2)
Grading or regrading of land to planned elevations and or removal or disturbance of the existing vegetative cover, over an area of 5,000 or more square feet; provided, however, that such alterations authorized by a building permit, subdivision approval, agricultural use, or a forest cutting plan shall not be subject to this provision;
C.
Site plan contents.
(1)
The site plan approval process requires the submission of a site plan to the Planning Board. The site plan shall be prepared by a registered engineer or surveyor and shall be clearly and legibly drawn at a reasonable scale. The site plan may contain the following information subject to the discretion of the Planning Board:
(a)
Plan name, boundaries, true North point, date, scale and zoning district(s);
(b)
Suitable space to record the action and signatures of the Planning Board;
(c)
Major site features, including existing fences, buildings, wetlands, watercourses, and tree lines;
(d)
Existing and proposed topography of the land;
(e)
Size and location of existing and proposed utility systems, including water supply and wastewater treatment;
(f)
Existing and proposed layout of driveways, sidewalks, parking areas, storage and loading areas, lighting and signs, including locations, sizes and illumination;
(g)
Profiles of all buildings, structures and signs; and
(h)
Landscaping plan.
(2)
The Planning Board may waive any information requirement it judges to be unnecessary to the review of a particular plan.
D.
Site plan approval process.
(1)
The Planning Board shall review and evaluate the site plan to ensure that it is consistent with a reasonable use of the site for the purposes permitted or permissible by the regulations in the V-1 Village District. The development shall be designed to:
(a)
Integrated the existing terrain and surrounding landscape;
(b)
Protect abutting properties and community amenities;
(c)
Minimize environmental and visual impacts;
(d)
Protect unique natural and historic features;
(e)
Assure that structures are aesthetically consistent with the character of the Town and the surrounding properties;
(f)
Screen objectionable features through the use of landscaping and maintain existing public shade trees;
(g)
Minimize excessive demands on Town services and infrastructure; and
(h)
Provide for safe vehicle and pedestrian access and circulation.
(2)
Before approval of a site plan, the reviewing board may request the application to make modifications in the proposed design of the project to ensure that the above criteria are met.
E.
Decision. The Planning Board's decision shall be in writing and shall consist of:
F.
Enforcement. The Building Inspector shall not issue a permanent certificate of occupancy until all work is completed as approved by the appropriate agencies and in conformity with the approved site plan.
G.
Lapse. Site plan approval issued under this section shall lapse at the end of two years after approval if work has not been commenced, except where an extension of time for good cause has been granted by the Planning Board.
H.
Appeal.
(1)
Any person aggrieved by a decision of the Planning Board pursuant to this section may appeal said decision to the Board of Appeals within 20 days of the date of the order or decision being appealed, by filing an application for appeal on an official form of the Town of Otis, specifying the grounds for the appeal therein. Said application for appeal shall be filed with the Town Clerk, who shall forthwith transmit copies thereof to the members of the Board of Appeals.
(2)
The Board of Appeals shall hold a hearing on said application for appeal within 60 days of the filing thereof and shall uphold the decision of the Planning Board unless the applicant establishes by clear and convincing evidence that said decision of the Planning Board was based on error of law, was arbitrary and capricious, was unsupported by substantial evidence, or was otherwise not in accordance with the law. Any person aggrieved by a decision of the Board of Appeals may appeal said decision to a court of competent jurisdiction in accordance with MGL c. 40A, § 17.
§ 150-9.5 Applications.
[Amended 5-20-2025 ATM by Art. 23]
A.
All applications to a board designated by this bylaw as the authority for particular zoning action or relief, including, without limitation, applications for special permits, variances, site plan review, and appeals from decisions of the Zoning Enforcement Officer, shall be made on forms available from the Town Clerk and shall be accompanied by the required fee and any other information as may be prescribed by rules and/or regulations of the appropriate board. No application shall be considered filed in the absence of such properly completed application, required fee, and supportive materials as may be deemed necessary for a full and fair review by the responsible reviewing bodies.
B.
For all permit and special permit applications, the applicant shall submit a digital copy of the complete plan, application or report in a PDF or similar file format as approved by the Planning Board. The applicant shall also submit a digital version of the plan in AutoCAD DWG or ASCII DXF format. The digital plan shall be submitted by email, USB, or other delivery format as approved by the Planning Board. The submitted digital plan shall contain geographic data in accordance with the 2007 standard for digital plan submittals to municipalities issued by MassGIS (Bureau of Geographic Information), or the most recent edition of this publication. This publication, or any succeeding edition of this publication, is hereby incorporated as part of this bylaw.