Plympton City Zoning Code
ARTICLE II
Administration
§ 300-2.1 Enforcement; violations and penalties; building, occupancy and use permits.
A.
Enforcement of Zoning Bylaw; appeals of zoning decisions; violations and penalties.
(1)
This bylaw shall be enforced by the Zoning Enforcement Officer, who may be the Building Inspector. The Zoning Enforcement Officer shall be appointed annually by the Board of Selectmen and shall serve under their authority and supervision. At the request of the Zoning Enforcement Officer, the Police Department may assist in the enforcement of this bylaw.
(2)
To aid the Zoning Enforcement Officer in enforcement of this bylaw, every police officer should notify his or her superior officer, for referral to the Zoning Enforcement Officer, when they observe any building or structure on which construction work is being done without the display of a duly issued building permit.
(3)
The Zoning Enforcement Officer shall institute, in the name of the Town, the appropriate civil or criminal action to prevent, correct, restrain, abate or punish violations of this bylaw, or any of the conditions under which a permit is issued, or of any decision rendered by the Board of Appeals, the special permit granting authority, or the site plan approval board.
(4)
Any person, corporation or other entity violating or refusing to comply with the provisions of this bylaw, of any of the conditions under which a permit is issued, or of any decision rendered by the Board of Appeals, any special permit granting authority, or the site plan approval board shall be fined up to $300 for each offense. Each day that each violation continues shall constitute a separate offense.
(5)
The Zoning Enforcement Officer shall respond within 14 days of receipt of a written request (with a copy to the Board of Selectmen) to enforce the provisions of this bylaw against any person alleged to be in violation thereof. Such response shall be in writing, shall specify the action taken or declined to be taken, and shall set forth the reasons for the Zoning Enforcement Officer's decision.
(6)
The Zoning Enforcement Officer shall maintain a record of all zoning permits and written enforcement requests and shall make a monthly report of such to the Board of Selectmen.
(7)
Any action, suit, or proceeding to enforce the provisions of this bylaw shall be commenced in the manner and within the time limitations set forth in MGL c. 40A.
(8)
The Board of Selectmen may at their reasonable discretion impose as an essential condition on the issuance and/or renewal of any permit and/or license which they are authorized to issue or renew the requirement that there are and will be during the term, or terms, of such permit and/or license no violation(s) of the Zoning Bylaw conducted and/or permitted on the lot on which such permit or license is located by anyone, including, but not limited to, the permittee or licensee. In the event that any zoning violation(s) occurs on such lot, as evidenced by the failure of compliance with any duly-served cease-and-desist order, the permittee or licensee shall agree that any such violation(s) may constitute just cause for the suspension or revocation of such permit or license. Such condition may be an essential element of the issuance and continued lawful existence of any such permit and/or license. In the event that any owner of a lot on which a permit and/or license is located, or any permittee or licensee, aggrieved by an order or decision of the Zoning Enforcement Officer finding that a violation(s) of the bylaw exists on such lot is appealing the Zoning Enforcement Officer's order or decision in good faith to the Zoning Board of Appeals or to a court of competent jurisdiction, such order or decision shall not constitute the basis for the Board of Selectmen to refuse to renew, revoke, and/or suspend any such permit and/or license during the pendency of such good-faith appeal.
B.
Building, occupancy and use permits required.
(1)
No building or structure shall be constructed, altered, expanded or moved without a building permit. No use of a building, structure or land shall commence or change without a use permit. No building or structure shall be occupied without an occupancy permit.
(2)
Unless a variance or other relief has been duly granted by the Zoning Board of Appeals or unless otherwise allowed as a nonconforming use or structure, no permit shall be issued for the construction, alteration or expansion of any building or structure, or for the use or change in use of any land, building or structure, unless the plans, specifications and other information submitted to the Building Department indicate that said use, land, building or structure will conform in all respects to the provisions of this bylaw, as well as the State Building Code, 780 CMR 1.00 et seq., and any other relevant statute, bylaw or regulation.
(3)
All applications for building, occupancy and use permits shall be as prescribed by the Building Department.
(4)
Construction or operations under a building or use permit or special permit authorized by this bylaw shall conform to any subsequent amendment of this bylaw unless such construction, occupancy or use is commenced within a period of not more than six months after the issuance of the building or use permit or the special permit, and, in the case of construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.
(5)
If construction under a building permit is not commenced within six months of the issuance of the permit, or is discontinued for a period of six months or more, said permit shall be void and no further construction shall be allowed without a written extension from the Building Department. All such extensions shall be limited to six months, and no more than two extensions are permitted. The extension shall be requested in writing and justifiable cause demonstrated.
C.
Procedures relating to building, occupancy and use permits.
(1)
No building permit shall be issued:
(a)
Unless the applicant has first obtained Health Department approval of the septic system design, where required.
(b)
Unless the applicant complies with the most recent permit application flow and decision process flowchart, and the Building Department permit processing procedures approved by the Board of Selectmen.
(c)
If the applicant and/or the owner of the property on which the work is to be performed, if different from the applicant, or the property, is the subject of any pending violation notice or enforcement action issued by any board, officer or commission of the Town.
(2)
The application for a building or use permit on a lot not shown on the most recent Assessors' Map shall include certification by the Assessors' office as to the map and lot number of said lot.
(3)
The application for a building permit shall be accompanied by all the information required by the Building Department.
(4)
The application for a building, occupancy or use permit shall be accompanied by a fee as set by the Board of Selectmen and amended from time to time, payable by check or money order to the order of the Town of Plympton.
§ 300-2.2 Violations and penalties.
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, any special permit granting authority, or the site plan approval board shall be $300 for each offense. Each day that each violation continues shall constitute a separate offense.
§ 300-2.3 Six-month rule.
Construction or operations under a building permit or special permit authorized by this bylaw shall conform to any subsequent amendment of this bylaw unless the use or construction is commenced within a period of not more than six months after the issuance of the building permit or the special permit, and unless the construction is continued to completion as continuously and expeditiously as reasonable.
§ 300-2.4 Board of Appeals.
A.
There is hereby established a Board of Appeals of three members and two associate members to be appointed by the Selectmen as provided in MGL c. 40A. The Board of Appeals shall act on all matters within its jurisdiction under this bylaw in the manner prescribed in MGL c. 40A. No Selectman shall be eligible to serve as a member of the Board of Appeals. No member of the Board of Appeals shall take part in any case in which he or any member of his family has a personal or financial interest, an associate member being designated to act in such cases by the Chairman of the Board of Appeals.
B.
The Board shall elect annually a Chairman and a Clerk from its members, and may, subject to appropriation and the availability of funds, employ experts and clerical assistants.
C.
The Board of Appeals shall have the following powers:
(1)
Rules. The Board shall adopt rules, consistent with this bylaw and with MGL c. 40A, for the conduct of business and shall file a copy with the Town Clerk.
(2)
Appeals. The Board shall hear and decide an appeal taken by any person aggrieved by reason of his inability to obtain a permit from any administrative official under the provisions of MGL c. 40A, or 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 MGL c. 40A, or of this bylaw.
(3)
Variances.
(a)
The Board shall 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 where, owing to conditions especially affecting such parcel or such building but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this bylaw would involve substantial hardship 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 the bylaw, but not otherwise. No variance may be authorized for a use or activity not otherwise permitted in the zoning district in which the land or structure is located. If the rights authorized by a variance are not exercised within one year of the date of the grant of such variance, they shall lapse.
(b)
Notwithstanding the foregoing Subsection C(3)(a), the Zoning Board of Appeals may issue a use variance to allow a wireless communications tower, in a nonindustrial district; provided, however, that no such variance shall be issued under this provision unless, in addition to the normal criteria set forth under MGL c. 40A, § 10:
[1]
The tower shall not exceed 120 feet in height, as measured from the original ground level, including antennas;
[2]
The tower lot shall have a minimum area of 200,000 square feet;
[3]
The tower shall be set back:
[a]
A minimum of 300 feet from any existing way, excluding the driveway that is to be used to serve the tower;
[b]
A minimum of 170 feet from all property lines; and
[c]
A minimum of 800 feet from any existing dwelling or dwelling for which a building permit has been issued at the time of the application for the use variance;
[4]
The parking at the site shall not exceed one space per antenna or other wireless device that could be developed on the tower;
[5]
The new tower shall not be located closer than one linear mile to any other tower located in a nonindustrial district.
(4)
Special permits. Except as may be provided otherwise, the Zoning Board of Appeals shall be the special permit granting authority (SPGA) under this bylaw.
(5)
Comprehensive permits. The Board of Appeals shall hear and decide single applications to build housing submitted under the authority of MGL c. 40B.
(7)
Zoning Administrator. A Zoning Administrator may be appointed by the Board of Appeals, subject to confirmation by the Board of Selectmen, to serve at the pleasure of the Board of Appeals pursuant to such qualifications as may be established by the Board of Selectmen. The Board of Appeals may delegate to said Zoning Administrator some of its powers and duties by a concurring vote of all members of the Board of Appeals. Any person aggrieved by a decision or order of the Zoning Administrator, whether or not previously a party to the proceeding, or any municipal office or board, may appeal to the Board of Appeals, as provided in MGL c. 40A, § 14, within 30 days after the decision of the Zoning Administrator has been filed in the office of the Town Clerk. Any appeal, application or petition filed with said Zoning Administrator as to which no decision has been issued within 35 days from date of filing shall be deemed denied and shall be subject to appeal to the Board of Appeals as provided in MGL c. 40A, § 8.
§ 300-2.5 Judicial appeals.
Any person aggrieved by the decision of the Board of Appeals or special permit granting authority or by the failure of the Board of Appeals to take final action concerning an appeal, application or petition within the required time or by the failure of any special permit granting authority to take final action concerning any application for a special permit within the required time may appeal to the Court by bringing an action within 20 days after the decision has been filed in the office of the Town Clerk.
§ 300-2.6 Public hearing and notice.
In the case of every appeal made to the Board of Appeals and of every application for permit or variance made to it under the provisions of this bylaw, the Board of Appeals or other SPGA shall hold a public hearing to consider the appeal or application in question and shall cause a notice thereof to be published in a newspaper of general circulation in Plympton once in each of two successive weeks, the first publication to be not less than 14 days before the date set for hearing, and on the bulletin board of the Town House and shall cause a copy of the notice to be sent by mail, postage prepaid, to all abutting landowners as shown by the latest records of the Assessors of the Town of Plympton and to the Plympton Planning Board and to every other person or persons who, in the opinion of the Board of Appeals, may be interested in said application or appeal. All expenses involved shall be paid by the applicant.
§ 300-2.7 Amendments.
This bylaw may be amended from time to time at any Annual or Special Town Meeting in accord with the provisions of MGL c. 40A, § 5.
§ 300-2.8 Validity.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof. This Zoning Bylaw shall not interfere with or annul any other bylaw or regulation in effect in the Town of Plympton upon its adoption.
§ 300-2.9 Effective date.
So much of this Zoning Bylaw as is approved by the Attorney General shall take effect as of the date of enactment by the Town Meeting, except as is otherwise provided by MGL c. 40, § 32.