Except as otherwise provided, this ordinance shall be enforced by the building inspector. He shall approve no applications or plans or specifications or intended uses of any kind which are not in all respects in conformity with this ordinance. If the building inspector is requested in writing to enforce a provision or provisions of this ordinance against any person allegedly in violation of the same and such officer 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.

15.2.1 Permit requirement. No building shall be constructed, reconstructed or moved and no use of land or building shall be begun or changed without a permit having first been issued by the building inspector. No such permit shall be issued until such proposed construction, alteration, or use, as proposed, shall comply in all respects with the provisions of 780 CMR Massachusetts Building Code.

(Amended 9-12-2013)

15.2.2 Plat of lot. All applications for building permits shall be accompanied by a plat of the lot and one (a) copy drawn to scale, showing the actual dimensions of the lot, location and size of buildings already upon the lot, and of the additions, building or buildings to be erected, with notation of use of parts, together with streets and alleys on and adjacent to the lot. Said plat of lot shall be stamped and certified by a registered land surveyor. One copy of such applications and plats shall be kept on file in the office of the building inspector, a copy of the plat shall be returned with the permit to the applicant. A copy of the permit shall be displayed in a prominent place on the lot or structure for which it was issued.

15.2.3 Building permit plan. Each application for a building permit shall be accompanied by a building permit plan, and shall comply with 780 CMR MA Building Code.

(Amended 9-12-2013)

15.2.4 Time limit on permit as related to ordinance amendment. Construction or operations under a building or special permit shall conform to any subsequent amendment of this ordinance unless the use or construction authorized by said permit is commenced within a period of not more than six months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

15.2.5 Restriction on number of building permits for new single-family residential dwellings. The number of building permits for new single-family residential dwellings issued by the inspector of buildings shall be limited to 50 per calendar year.

15.2.6 Denial. Any building permit application not in compliance with this ordinance may be appealed.

(Amended 9-12-2013)

The building inspector may issue temporary and conditional permits for structures and uses which do not conform to the regulations herein prescribed for use in connection with the construction of permitted structures and uses, provided that no such permit shall be for more than a one-year period, subject to renewal in case of need. No temporary permit shall be issued for a use of a permanent nature.

No building or mobile home erected, altered or in any way changed as to construction or use, under a permit or otherwise, and no land used, except as provided herein, shall be occupied or used without a certificate of occupancy signed by the building inspector, which may be on or separate from the building permit and which shall not be issued until the building and its uses and accessory uses and the use of all land comply in all respects with this ordinance and with the permit. The building inspector shall be required to inform the city council on all certificate of occupancy permits issued by the building inspector.

Any person, firm or corporation violating any section or provision of this ordinance shall be fined $200.00 for the first offense and $300.00 for each subsequent offense. Each day that willful violation continues shall constitute a separate offense.

15.6.1 Establishment. A board of appeals is hereby established to consist of five members and two associate members appointed by the mayor, subject to city council approval. The initial appointments shall be made for one-, two- and three-year terms for members and one-and two-year terms for associate members, all respectively, and thereafter one of each annually. The chairman of the board of appeals shall designate an associate to sit in place of any member incapacitated by personal interest, illness, or absence.

15.6.2 Powers. The board of appeals shall act as a permit granting authority and shall have the following powers in accordance with the provisions of Massachusetts General Laws, Chapter 40A and this ordinance:

A.

Appeals. To hear and decide an appeal taken by any person aggrieved by reason of his/her inability to obtain a permit or enforcement action from the building inspector under the provisions of Massachusetts General Laws, Chapter 40A and this ordinance or by any person including an officer or board of the City of Peabody or of an abutting municipality aggrieved by an order or decision of the building inspector in violation of any provision of Massachusetts General Laws, Chapter 40A or of this ordinance.

B.

Variances. To hear and decide a petition with respect to particular land or structures for a variance from the terms of this ordinance, where the board specifically finds that owing to circumstances relating to soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this ordinance would involve substantial hardship consistent with the provisions of MGL Chapter 40A to the petitioner or appellant, and that 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 ordinance. The board of appeals may impose conditions, safeguards and limitations in respect to both time and any permitted use, including the continued existence of any particular structures but excluding any condition, safeguard or limitation based upon the continued ownership of the land or structure to which the variance pertains by the applicant, petitioner or any owner. If the rights authorized by a variance are not exercised within one year of the date of the authorization, they shall lapse and may be reestablished only after a new notice and hearing. No variance may authorize a use or activity not otherwise permitted in the district in which the land or structure is located.

15.6.3 Procedure.

A.

In the case of every appeal made to the board of appeals and every petition for a variance to said board under the provisions of this ordinance, the board shall hold a public hearing thereon.

B.

Notice of the hearing shall be given by publication in a newspaper of general circulation in the city once in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing and by posting said notice in the city hall for a period of not less than 14 days before the day of the hearing. Notice shall be sent by mail, postage prepaid, to parties in interest including 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 including owners of land in another municipality all as they appear on the most recent applicable tax lists, the planning board and the planning board of every abutting municipality. The assessors shall certify to the board the names and addresses of the parties in interest.

C.

An appeal from a decision of the building inspector and a petition for a variance shall be filed with the city clerk who shall forthwith transmit it to the board of appeals. The board shall hold a public hearing within 65 days of the receipt of the petition from the city clerk and shall render a decision within 75 days from the date of filing.

D.

If the board of appeals shall fail to act within 75 days of the filing of the appeal or petition, as the case may be, then the appeal or petition shall be deemed approved subject to the following requirements:

1.

The petitioner, after the expiration of the aforesaid periods, shall file with the city clerk a copy of the petition and an affidavit stating the date of the public hearing or filing as the case may be, and the failure of the board of appeals to render a decision within the required period.

2.

Upon receipt of the petition and affidavit the city clerk shall give notice of the filing to those persons entitled to a notice of the decision under Massachusetts General Laws, Chapter 40A, section 11. The filing of a petition and affidavit in the office of the city clerk shall be deemed the equivalent of the filing of a decision for purposes of the provisions of Massachusetts General Laws, Chapter 40A, sections 11 and 17.

3.

If no appeal is taken within the required statutory period, then the city clerk shall furnish the petitioner with a certified copy of the petition and affidavit together with a certificate that no appeal has been filed, all of which shall be recorded in the manner prescribed under Massachusetts General Laws, Chapter 40A, section 11 in lieu of the documents required to be recorded under that section.

15.6.4 Rules. The board of appeals shall adopt rules and procedures not inconsistent with this ordinance and the provisions of General Laws, Chapter 40A for the conduct of its business in deciding on appeals and granting variances and shall file a copy thereof with the city clerk. Such rules shall include provisions for submission of petition in writing, for advertising and holding hearings, for keeping records of proceedings, for recording the vote of each member upon each question, for setting forth the reason or reasons for each decision, and for notifying the parties at interest including the building inspector and the planning board, as to each decision.

Wherever proceedings under this ordinance require the giving of notice by publication in a newspaper, mailing or service by a civil officer, the costs thereof shall be borne by the applicant. The board of appeals shall require estimated costs to be advanced by the applicant in accordance with provisions in the rules.

15.6.5 Variances from frontage requirements for the subdivision of land not requiring approval under the subdivision control law.

A.

Any applicant seeking a variance from the lot frontage requirements set forth in this ordinance for lots set forth on a plan where one or more of the lots as shown fail to meet said frontage requirements, and where the applicant intends subsequently to submit said plan to the planning board for an endorsement indicating that approval of said plan under the subdivision control law is not required, Massachusetts General Laws, Chapter 41, Sections 81L, 81P, shall proceed as follows:

1.

The applicant shall simultaneously with his application for a variance submit the plan to the planning board for their review and recommendation pertaining to varying the frontage requirements prescribed by this ordinance.

2.

The planning board within 21 days of presentation may issue a recommendation in writing to the board of appeals.

3.

Failure of the planning board to issue a written recommendation within the 21-day period shall be deemed a waiver of the requirements of this section.

4.

In the absence of said recommendation, the applicant shall certify in writing under the pains and penalties of perjury that the planning board has failed to issue such a recommendation within the time period set forth in this section.

B.

The recommendation of the planning board shall not be binding upon the board of appeals, but said recommendation shall be part of the public record of the hearing.

15.7.1 Powers and duties. The city council shall have all the power and perform all of the duties conferred or imposed upon it under Massachusetts General Laws, Chapter 40A, as a special permit granting authority and assigned to it by the provisions of this ordinance as follows:

Special permits: To hear and decide an application for a special permit, as provided in this ordinance, only for uses in specified districts which are in harmony with the general purposes and intent of this ordinance and which shall be subject to any general or specific rules prescribed herein and to any appropriate conditions, safeguards and limitations on time and use. A special permit shall lapse within a two-year period or a shorter period if so specified and if a substantial use thereof has not sooner commenced except for good cause or in the case of a permit for construction if construction has not begun within the period except for good cause.

15.7.2 Rules. The city council acting as the special permit granting authority shall adopt rules and procedures not inconsistent with this ordinance and the provisions of Massachusetts General Laws, Chapter 40A for the conduct of its business in granting a special permit as authorized by subsection 15.7.1 and shall file a copy thereof with the city clerk. Said rules shall be similar to those required of the board of appeals under subsection 15.6.4 herein.

15.7.3 Procedures. An application for a special permit shall be submitted to the city council acting as the special permit granting authority for uses designated in section 4.2 Schedule of Use Regulations and where a special permit is required in other subsections of this ordinance, except that an application for a special permit for a cluster development under section 7.3 shall be filed with the city council, designated as the special permit granting authority for cluster developments only. The city council shall be the special permit granting authority for the hillside protection overlay district under section 7.6. The planning board shall hold a public hearing on the application filed with the city council. Said hearing shall be held within 45 days of receipt of the application by the planning board, and they shall make a recommendation as they deem appropriate to the city council; provided, however, that if the planning board fails to make recommendations within twenty-one (21) days after their public hearing, the city council shall take their action on the application without benefit of planning board recommendation.

Each application shall be filed with the special permit granting authority designated in paragraph 15.7.1 of this section and copies thereof, together with copies of the site plan, shall be transmitted forthwith by petitioner to the city clerk, city council, planning board, conservation commission, community development authority, board of health and department of public services. The special permit granting authority shall hold a public hearing within 65 days of the filing date and shall render a decision within 90 days from the date of the public hearing. Notice of the public hearing shall be in accordance with the requirements of Massachusetts General Law of Chapter 40A, section 11. The city council, planning board, conservation commission, community development authority, board of health, department of public services and other interested officials or departments of the city may, in their discretion, investigate the proposed special permit use and site plan and report in writing recommendations to the special permit granting authority, provided, however, that if such reports and recommendations are not received at the time of public hearing, the special permit granting authority may act without the submission of such reports and recommendations.

Failure to take action within the said 90-day period shall be deemed to be a grant of the special permit applied for subject to the requirement of Massachusetts General Laws Chapter 40A, section 9.

The invalidity of any section or provision of this ordinance shall not invalidate any other section or provision thereof.

The effective date of this ordinance or any amendment thereto shall be the date on which the city council adopts such ordinance or amendment by a two-thirds vote.

This ordinance may be amended from time to time by the city council. An amendment may be initiated by the submission to the city council of a proposed change by the city council, the board of appeals, an individual owning land in the city to be affected by the amendment, ten registered voters in the city and the planning board, within 14 days of the receipt of a proposed change, the city council shall submit it to the planning board. A public hearing shall be held by the planning board within 65 days after the proposed change is submitted to the board.

Petitioners other than the city council, board of appeals, or planning board seeking to amend this ordinance by changing the zoning district designation of a particular parcel or parcels shall be required to give notice of the public hearings to "parties in interest" as defined in Massachusetts General Laws Chapter 40A, section 11. The cost of notifying said "parties in interest" shall be borne by the petitioner.

15.11.1 To city council. No proposed change in this ordinance which has been unfavorably acted upon by the city council shall be considered by the city council within two years after the date of such unfavorable action unless adoption of the proposed change has been recommended in the final report of the planning board to the city council.

15.11.2 To board of appeals or special permit granting authority. No appeal or petition for a variance which has been unfavorably and finally acted upon by the board of appeals or no application for a special permit which has been unfavorably and finally acted upon by the special permit granting authority shall be acted favorably upon within two years after the date of final unfavorable action unless (a) all but one of the members of the planning board consent to a repetition after notice is given to parties in interest of the time and place of the proceedings to consider consent and (b) the board of appeals or special permit granting authority, as the case may be, finds specific and material changes in the conditions upon which the previous unfavorable action were based, describes such changes in its records and similarly consents.

The provisions of this ordinance are not intended to repeal, amend, abrogate, annul, or in any way impair or interfere with any lawfully adopted bylaw, covenants, regulations, or rules. Whenever the regulations made under the authority hereof differ from those prescribed by any statute, ordinance or other regulation, that provision which imposes the greater restriction or the higher standard shall govern.

No construction activities on a building permit shall start prior to or after the hours listed as follows:

Monday through Friday 7:00 a.m. to 6:00 p.m.; Saturdays 9:00 a.m. to 6:00 p.m.; Sundays, Federal and State holiday work shall be requested in writing and shall be approved at the discretion of the building commissioner.