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Raynham City Zoning Code

ARTICLE 2

Administration

§ 350-2.1 Enforcement.

A. 
This bylaw shall be enforced by the Building Commissioner. No building shall be built or altered or a building begun or changed without a permit having been issued by the Building Commissioner.
[Amended 5-16-1994 ATM]
B. 
No building shall be occupied until a certificate of occupancy has been issued by the Building Commissioner.
[Amended 5-16-2022 ATM by Art. 28]
C. 
Any person violating any of the provisions of this bylaw may be fined $100 for the first offense, $200 for the second offense and $300 for each offense thereafter. Each day that a violation exists shall be deemed to be a separate offense. Alternatively, any person violating any of the provisions of this bylaw may be penalized by means of noncriminal disposition as provided in MGL c. 40, § 21D. Penalties shall be $100 for the first offense, $200 for the second offense and $300 for each offense thereafter. Each day that a violation exists shall be deemed to be a separate offense. Nothing in this bylaw shall prohibit the Building Commissioner, in his or her discretion, from seeking injunctive relief as a remedy in accordance with applicable law.
[Amended 5-15-2006 ATM; 5-16-2022 ATM by Art. 28]
D. 
The construction of a building or operation of a land use under a building permit or a special permit shall conform to any subsequent amendment to this bylaw adopted after the issuances of the permit or special permit unless construction or operation commences within a six-month period beginning with the issuance of the building or special permit.

§ 350-2.2 Zoning Board of Appeals.

A. 
The Selectmen shall appoint a Zoning Board of Appeals consisting of three members serving staggered terms, such that one member's term shall expire each year. Members of the Zoning Board of Appeals currently in office shall continue to serve out their terms. The Zoning Board of Appeals shall exercise the powers of the permit granting authority and of the special permit granting authority, except for matters for which a different special permit granting authority may be designated by this bylaw, and shall have the powers and duties specified in MGL c. 40A.
B. 
The Zoning Board of Appeals shall adopt and file with the Town Clerk rules of procedure, as required by said MGL c. 40A, and shall follow the procedural requirements of said MGL c. 40A, including, but not limited to, the receipt of applications, hearing notices, public hearings, referral to other agencies and filing of decisions. The Zoning Board of Appeals shall establish and may from time to time amend by vote a schedule of fees, which shall be incorporated into its rules of procedure. The Selectmen may designate five associate members of the Zoning Board of Appeals for staggered five-year terms, and such associate members may be designated by the Chair of the Zoning Board of Appeals to serve in place of a regular member who is unable to participate due to illness or other causes.
[Amended 11-18-1985 STM]

§ 350-2.3 Powers of Zoning Board of Appeals.

[Amended 2-12-1990 STM]
The Zoning Board of Appeals shall have the following powers:
A. 
To hear and decide an appeal taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from the Building Commissioner or other administrative officers under the provisions of MGL c. 40A, by the regional planning agency or any person, including an officer or official board of the Town of Raynham, or an abutting city or town, aggrieved by an order or decision of the Building Commissioner or other administrative official in violation of MGL c. 40A or of this bylaw.
B. 
To hear and decide applications for special permits upon which the Board is empowered to act under Article 7 of this bylaw.
C. 
To hear and decide petitions for variances, and to authorize upon appeal or upon petition with respect to particular land or structures a variance from the terms of this Zoning Bylaw where the Board specifically finds that, owing to circumstances relating to the 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 bylaw would involve substantial hardship, financial or otherwise, 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 bylaw. The Board shall not have the power to grant a use variance.
[Amended 5-16-2022 ATM by Art. 28]

§ 350-2.4 Public hearing.

A. 
The Zoning Board of Appeals shall exercise the powers authorized by the preceding section only after public hearings held in conformity with the provisions of MGL c. 40A, including due notice to parties in interest, the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within 300 feet of the property line of the petitioner as shown on the most recent applicable tax list (including any such owner of property in another city or town), the Planning Board of the Town of Raynham, and the Planning Boards of the City of Taunton and the Towns of Lakeville, Middleborough, Bridgewater, West Bridgewater and Easton.
B. 
The procedure for the issuance of special permits, including applications, notices, public hearing, referral to the Planning Board and other Town bodies, filing of decisions and other procedural requirements, shall be as provided in MGL c. 40A and in the rules to be adopted by the special permit granting authority and filed with the Town Clerk in accordance with said MGL c. 40A.