Palmer City Zoning Code
ARTICLE V
Administration and Enforcement
§ 171-15 Building Inspector.
It shall be the duty of the Building Inspector, who is also the Zoning Enforcement Officer (ZEO), to administer and enforce the provisions of this chapter.
§ 171-16 Building permit required.
A.
Any building, sign or structure to be erected, altered or changed in use shall require a building permit from the Building Inspector. The Building Inspector, who is also the Zoning Enforcement Officer, shall first determine that no Town ordinance affecting land, buildings or structures has been or will be violated. Any application for such a permit shall be accompanied by a plan showing the shape and dimensions of the building, lot or premises to be built upon, including the location and size of all buildings or structures affected.
B.
Any application for a permit shall be submitted, accompanied by such information as may be necessary to provide for the execution and enforcement of this chapter. The Building Inspector shall keep a record of all applications, plans, and permits on file. The Building Inspector shall take action in writing on an application for a permit, either granting the permit or disapproving the application, within 30 days of receipt of application.
§ 171-17 Previously approved permits.
§ 171-18 Filing copy of permit with Assessors.
A copy of each building permit shall be filed by the proper authority with the Board of Assessors within 30 days.
§ 171-19 Replacement of destroyed buildings.
Any building existing at the time of adoption of this chapter which is destroyed by fire, explosion, the act of public enemy or act of God may be replaced on its lot, regardless of lot size, provided that said new building is equal to or exceeds the fair market value of the original building at the time of the casualty. Said replacement of building must be under construction within one year from the date of casualty.
§ 171-20 Certificate of use and occupancy required.
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 use and occupancy and has specified thereon the use to which the structure or lot may be put. A record of all certificates shall be kept on file in the office of the Building Inspector. 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 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 meet the requirements of applicable building ordinances and state laws or this chapter to such a degree as to render it unsafe for the occupancy proposed. In situations where, in the opinion of the Building Inspector, a single structure or group of related structures may not be issued a certificate of occupancy because not all of the spaces within the structure(s) are yet completed, he may issue a single certificate of occupancy which specifies certain areas as not being included. Such areas will be required to have a separate certificate of occupancy prior to their use and occupancy.
§ 171-21 Permit and certificate fees.
Fees shall be established by the Town Manager, but shall exempt municipal buildings from the requirements for payment of fees.
§ 171-22 Permit time limits.
A.
Any work for which any permit has been issued by the Building Inspector shall be actively prosecuted within six months and completed within 12 months of the date of issuance of the permit. For reasonable cause, the Building Inspector may grant one or more (but not more than three) 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 competed within the applicable time limits shall be in violation of this chapter.
B.
A special permit granted under the provisions of § 171-26 shall lapse within 12 months (including such time required to pursue or await the determination of an appeal) from the grant thereof if a substantial use thereof has not sooner commenced except for good cause, or if, in the case of a permit for construction, construction has not begun by such date except for good cause.
§ 171-23 Notice of violation.
A.
The Building Inspector shall serve a notice of violation and order to any owner or person responsible for the erection, construction, reconstruction, completion, conversion, or alteration of 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 chapter, or in violation of any provision of this chapter, 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, ceases any work or other activity, or who fails to complete the structure, 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.
B.
If the Building Inspector is requested in writing to enforce the chapter against any person allegedly in violation of the same and declines to act, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act, and the reasons therefor, within 14 days of receipt of such request.
§ 171-24 Prosecution of violations; penalties.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A.
If the notice of violation and order is not complied with promptly, the Building Inspector, upon written request to the Town Counsel, shall have available the services of the Town Counsel in instituting 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. If the Building Inspector shall refuse or fail to so request the services of the Town Counsel, the Town Manager may require him to do so. Delay by the Building Inspector in instituting said proceedings shall not be imputed to the Town of Palmer.
B.
Penalties for violations may, upon conviction, be affixed in an amount not to exceed $300 for each offense. Each day or portion of a day that any violation is allowed to continue shall constitute a separate offense.
§ 171-25 Zoning Board of Appeals.
[Amended 5-14-2001 ATM by Art. 29]
A.
Membership. There shall be a Zoning Board of Appeals of five members and two associate members, appointed as provided in Chapter 40A of the Massachusetts General Laws.
B.
Powers. The Board of Appeals shall have the following powers:
(2)
To hear and decide applications for special permits upon which the Board is empowered to act under said ordinances or bylaws.
(3)
To hear and decide petitions for variances set forth in MGL c. 40A, § 10.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(4)
To hear and decide appeals from decisions of a zoning administrator, if any, in accordance with MGL c. 40A, § 13.
(5)
To hear and decide applications for findings upon which the Board is empowered to act under said ordinance or bylaws.
[Added 5-14-2001 ATM by Art. 29]
C.
Variances and appeals. The Zoning Board of Appeals shall hear applications for variances and appeals, subject to the provisions of Chapter 40A of the Massachusetts General Laws.
D.
Time limitations. No appeal or petition for a variance from the terms of this chapter with respect to a particular parcel of land or the building thereon, and no application for a special permit which has been unfavorably acted upon shall be again considered within two years after the date of such unfavorable action, except as provided in Chapter 40A of the Massachusetts General Laws.
§ 171-26 Special permits.
Certain uses, structures, or conditions are designated within the Table of Use Regulations as requiring a special permit. Such permit shall be granted only after application for a hearing by the special permit granting authority and subject to the provisions of Chapter 40A of the Massachusetts General Laws and this chapter. The special permit granting authority responsible for hearing a particular proposal shall be that board or other entity designated by the coding in the Table of Use Regulations.[1] In situations where there is no specific board indicated as having the authority to issue a special permit, the special permit granting authority shall be the Planning Board.
A.
Filing. Application for a special permit shall be made to the Town Clerk and Planning Board office or other appropriate office as indicated in this chapter on forms provided for that purpose, accompanied by the required fee. Specific rules governing the application and fee shall be adopted by each special permit granting authority along with its rules of procedure and shall be applicable to those special permits which are under its jurisdiction. When the application has been received in a completed form as defined by said rules, a copy shall be forwarded to the Town Clerk. The stamp of the Town Clerk shall designate the date of filing. Copies shall also be delivered to the special permit granting authority and to such other departments and boards as may be determined in the rules of the special permit granting authority.
B.
Hearing, notice and decision.
[Amended 6-16-2003 ATM by Art. 11]
(1)
The Planning Board shall hold a public hearing within 65 days after the filing of an application with the special permit granting authority, a copy of which shall be given to the Town Clerk by the applicant.
(2)
The Planning Board shall require notice be given by publication in a newspaper of general circulation in the Town once in each of two successive weeks, the first publication to be not less than 14 days before the hearing, and by posting such notice in a conspicuous place in the Town Hall.
(3)
Notice shall be sent by mail, postage prepaid, to the petitioner, abutters, owners of land directly opposite on any public or private street or way, owners of land within 300 feet of the property line as they appear on the most recent tax list, including those in another town, and the Planning Boards of all abutting towns.
(4)
The special permit granting authority shall act within 90 days (or any agreed upon extended time) following the public hearing. Failure to take action upon application within the 90 days or extended time shall be deemed approval of the special permit.
(5)
Upon granting of a site plan approval, a copy of the decision shall be issued to the owner or applicant, if other than the owner. No special permit shall take effect until a copy of the decision has been certified by the Town Clerk stating that 20 days have elapsed and no appeal has been filed, or if such appeal has been filed that it has been dismissed or denied and until it is recorded in the Registry of Deeds wherein the land is located.
(6)
All special permits are terminable by the SPGA for violation of any conditions upon which they are granted or upon violations of this chapter after hearing by the SPGA, with notice to all interested parties.
C.
Standards for reviewing.
(1)
Before granting a special permit, the special permit granting authority, with 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:
(a)
The use requested is listed in the Table of Use Regulations as a special permit in the district for which application is made or is so designated elsewhere in this chapter.
(b)
The requested use will be harmonious with the appropriate and orderly development of the zoning district in which it is proposed to be located and will be harmonious with the visual character of the neighborhood in which it is proposed.
(c)
The requested use will not create undue traffic congestion or unduly impair pedestrian safety.
(d)
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.
(e)
Any special regulations for the use as set forth in Article XV, Special Permit Conditions, and that there will be protection of environmental features on the site and in adjacent areas. Exceptions are fulfilled.
(f)
The requested use will not unduly impair the integrity or character of the district or adjoining zones, nor be detrimental to the health, morals, aesthetic qualities of the adjacent area and the neighborhood, or general welfare. The use shall be in harmony with the general purpose and intent of this chapter.
(g)
The suggested use shall not significantly deteriorate any natural resource or natural resource area within the Town.
(h)
The application and proposed project shall employ adequate methods to protect adjacent areas from detrimental or offensive uses on the site by provision of adequate surface water drainage; buffers against light, sight, sound, dust and vibration; and preservation of light and air.
[Amended 5-14-2001 ATM by Art. 29]
(i)
The application and proposed project shall ensure that there will be protection of environmental features on the site and in adjacent areas.
(2)
The special permit granting authority shall also impose, in addition to any applicable conditions specified in this chapter, such additional conditions as it finds reasonably appropriate to safeguard the neighborhood or otherwise serve the purposes of this chapter, including, but not limited to, the following: front, side or rear yards greater than the minimum required by this chapter; screening buffers or planting strips, fences, or walls, as specified by the special permit granting authority; 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; traffic features in accordance with the regulations of loading or other special features beyond the minimum required by this chapter. 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 special permit granting authority.[2]
§ 171-27 Site plan review and approval process.
A.
Purpose. The purpose of this section is to identify which projects require a site plan review and to set objective criteria and procedures for the review of such projects that will have significant impacts on the Town. Site plan review also allows the Town to ensure compliance with the goals and objectives of the Town, and the provisions of this chapter, to minimize adverse impacts of such development, and to promote development which is harmonious with surrounding areas; in particular, to assure proper drainage, safe access, adequate parking and loading spaces, public convenience and safety and adequate consideration of abutting landowners.
B.
When required.
(1)
Site plan approval is required for all uses of land or buildings other than single- or two-family dwellings. This requirement applies to all new construction other than single- or two-family homes in all zoning districts. It also applies to any expansion of an existing use and to any change of use of an existing building; provided, however, that the expansion or change of use will result in or is contemplated to result in one or more of the following:
(a)
An increase of floor area of 25% or more;
(b)
An increase in motor vehicle traffic at or to the site of 25% or more;
(c)
An increase of parking spaces at the site of 25% or more;
(d)
An increase in the number of tenants at the site of 25% or more;
(e)
An increase in the number of employees employed at the site of 25% or more.
(2)
The Zoning Enforcement Officer shall have the authority to waive the necessity for Planning Board approval for changes in use and for structural changes to existing buildings, as well as to new construction of a minor nature such as accessory buildings, if he deems the change to be insignificant in that the change or addition will not have a substantial impact on the site or surrounding area. The criteria listed above in Subsection B(1) shall be used as a guide only in making this determination. This waiver is subject, however, to ratification by a vote of the Planning Board at its next regular meeting. Notwithstanding a grant of a waiver as provided for herein, no building permit nor any occupancy permit shall be issued until ratification by the Planning Board. Should the Planning Board fail to ratify the waiver, full site plan review shall be required.
[Amended 6-24-2002 STM by Art. 2]
(3)
In such cases where a site plan review is required, the special permit and the site plan review shall be conducted as a single administrative review process, with the special permit granting authority casting a single vote at its conclusion. The SPGA shall adopt regulations for the execution of its duties under this article.
C.
Site plan objectives; review and approval criteria.
(1)
In reviewing a site plan application, the Planning Board shall take into consideration the health, safety and welfare of the public in general and the immediate neighborhood in particular, and may prescribe reasonable conditions and safeguards to ensure the accomplishment of the following general objectives:
(a)
That the subject and adjoining premises are protected against serious detriment by provision for the safe carrying and discharge of surface water drainage, sound and sight buffers, and that the development of the site will preserve sensitive environmental features such as steep slopes, wetlands and large rock outcroppings and will attempt to preserve public scenic views or historically significant features as well as preservation of light and air;
(b)
That there are provisions for convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, the location of driveway openings in relation to traffic, access by emergency vehicles, and to adjacent streets and, when necessary, compliance with other regulations for the handicapped, minors and the elderly;
(c)
That all proposed pedestrian accessways do not create traffic hazards and are: adequate, but not excessive in number; adequate in width, grade, alignment, and visibility; adequate distance from street corners and other accessways; and adequately designed for other safety considerations;
(d)
That there is the provision of an adequate amount and safe arrangement of off-street parking and loading spaces in relation to the proposed uses of the premises to prevent on-street and off-street traffic congestion;
(e)
That there is a relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area and will be in harmony with the surrounding neighborhood; and that there is compliance with other requirements of the chapter; and that the general landscaping of the site complies with the purpose and intent of this chapter; that existing trees are preserved to the maximum extent possible; that parking, refuse and storage areas are suitably screened during all seasons from the view of adjacent residential areas and public rights-of-way;
(f)
That lighting of the site shall be adequate at ground level for the protection and safety of the public in regard to pedestrian and vehicular circulation; that the glare from the installation of outdoor lights and illuminated signs is properly shielded from the view of adjacent property and public rights-of-way;
(g)
That all utility systems are suitably located, adequately designed and properly installed to serve the proposed uses, and to protect the property from adverse pollution;
(h)
Mitigation of adverse impacts on the Town's resources, including the effect on the water supply and distribution system, sewage collection and treatment systems, fire protection, and streets;
(i)
General conformance with the intent of this chapter as it pertains to the zoning district.
[Amended 5-14-2001 ATM by Art. 29]
D.
Procedures.
(1)
Application for site plan approval shall be made to the Planning Board in a form prescribed by the Board and shall be accompanied by four sets of plans, building elevations, and any other necessary information to show the detail of the proposed use of land or buildings.
(2)
All applications shall include plans of the property prepared by a land surveyor registered in the Commonwealth of Massachusetts.
(3)
All plans shall be prepared, signed and sealed by a Massachusetts registered engineer, architect or landscape architect, whichever is appropriate.
(4)
All plans shall contain the following information:
(a)
General information:
[1]
Name and address of applicant and owner of record as listed on the Town's tax rolls. If the applicant is not the owner of record, the latter shall also sign the application.
[2]
Date, North arrow, and numerical and graphical scale on map.
[3]
A written description of the proposed use or uses.
[4]
A table or chart indicating the proposed number or amount and types of uses, lot area, lot width, yards, building height, lot coverage, floor area, parking spaces, landscaping and open spaces as they are required.
(d)
Parking, loading and circulation:
[1]
Location, arrangement and dimensions of automobile parking spaces, aisles, vehicular drives, fire lanes, entrances, exits and ramps.
[Amended 6-16-2003 ATM by Art. 11]
[2]
Location, arrangement and dimensions of loading and unloading areas.
[3]
Location and dimensions of the pedestrian walkways, entrances and exits.
[4]
Estimated peak-hour traffic volumes generated by the proposed use in relation to existing volumes and projected future conditions.
(f)
Utilities:
[1]
Location and design of all existing and proposed sanitary sewer, storm drainage, water supply facilities and refuse collection areas as well as other underground and above-ground utilities. All utilities shall be placed underground unless the applicant can substantiate that such underground placement is impractical.
[2]
All refuse containers shall be screened from view from the street and, wherever possible, shall be located at the rear of the property.
(g)
Topographic map. The site plan map shall illustrate the existing and proposed conditions of the property, including existing and proposed contours at intervals of five feet or at an interval as needed to show detail as required by sound engineering practices, referred to USGS MSL datum, and the location of all existing wooded areas, watercourses, wetlands and other significant features and, where appropriate, the boundary of the flood hazard area, water supply protection area or other overlay district areas.
(h)
Landscaping plan. The landscaping plan shall illustrate the existing and proposed landscape development of the property, including the location, general layout, type and size of buffer or landscape area, plant material, fencing, screening devices, decorative paving or other materials proposed.
(5)
Upon request, the Planning Board may, at its discretion, waive the submission by the applicant of any of the required information. All waivers must be requested in writing at the time of application; however, waivers will not be decided until the public hearing. If the waiver is not granted then all parties will agree to continue the hearing to allow sufficient time for the applicant to submit the required information.
E.
Hearing, notice and decision.
(1)
The Planning Board shall hold a public hearing within 65 days after the receipt of an application as defined in this chapter, a copy of which shall be given to the Town Clerk by the applicant.
(2)
The Planning Board shall require notice be given by publication in a newspaper of general circulation in the Town once in each of two successive weeks, the first publication to be not less than 14 days before the hearing, and by posting such notice in a conspicuous place in the Town Hall.
(3)
Notice shall be sent by mail, postage prepaid, to the petitioner, abutters, owners of land directly opposite on any public or private street or way, owners of land within 300 feet of the property line as they appear on the most recent tax list, including those in another town, the Planning Boards of all abutting towns.
(4)
The Planning Board shall act within 90 days (or any agreed upon extended time) following the public hearing. Failure to take action upon application within the 90 days or extended time shall be deemed approval of the site plan.
(5)
Upon granting of a site plan approval, a copy of the decision shall be issued to the owner or applicant if other than the owner. No site plan approval shall take effect until a copy of the decision has been certified by the Town Clerk stating that 20 days have elapsed and no appeal has been filed, or if such appeal has been filed that it has been dismissed or denied, is recorded in the Registry of Deeds wherein the land is located.
§ 171-28 Appeal periods.
A.
No variance or special permit, or any extension, modification or renewal thereof, shall take effect until a copy of the decision bearing the certification of the Town Clerk that 20 days have elapsed after the decision has been filed in the office of the Town Clerk and no appeal has been filed, or if such appeal has been filed, that it has been dismissed or denied, is recorded in the Hampden County Registry of Deeds.
B.
No work shall commence, including excavating or earth removal and on-site grading, with regard to a specific project for which a special permit or variance has been granted until all applicable appeal periods have expired.
§ 171-29 Extensions, modifications or renewals of special permit or variance.
Any extensions, modifications or renewals of a special permit or variance shall follow the same statutory procedures as are required for the original granting of a special permit or variance.
§ 171-30 Duration of permit or approval.
A special permit or site plan approval granted by the special permit granting authority shall lapse if a substantial use thereof has not commenced within one year, or in the case of construction, if construction has not begun. Exception may be made for good cause by the special permit granting authority.