Rockland City Zoning Code
ARTICLE XI
Enforcement
§ 415-88 General provisions.
A.
This bylaw shall be enforced by the Building Inspector as Zoning Enforcement Officer and, where pertinent, the two titles shall be considered interchangeable for the purposes of this bylaw.
B.
If the Zoning Enforcement Officer finds any activity in relation to land or buildings which is in violation of this bylaw, he shall send written notification of the violation to the owner and order that the activity in question be stopped immediately, giving the reasons for the order. The order may be made by the Zoning Enforcement Officer over his own signature or by the Town Counsel on his behalf and at his request. Appeal may then be made to the Board of Appeals as provided in Article XII.
C.
The Building Inspector shall grant no permit for the construction, alteration, relocation, occupancy, or use of any building or structure in violation of the provisions of this bylaw. Whenever a permit is refused, the reason therefor shall be clearly stated in writing.
D.
No building hereafter erected, altered or relocated shall be used and no change shall be made of the use of any building or of any parcel of land unless an occupancy permit signed by the Zoning Enforcement Officer has been granted to the owner of said land or building. An occupancy permit shall not be granted unless the proposed use of the land or building conforms to the regulations contained in this bylaw.
E.
No building shall be hereafter erected, altered or relocated and no change shall be made of the use of any building or parcel of land unless a building permit signed by the Building Inspector/Zoning Enforcement Officer has been granted to the owner of said land or building. No building permit shall be granted unless the proposed erection, alteration or relocation of the building conforms to the regulations contained in this bylaw.
§ 415-89 Special permits.
A.
A special permit shall be required to construct or otherwise establish any of the specific types of uses so identified within this bylaw which shall only be permitted upon issuance of a special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of the bylaw, and shall be subject to the specific provisions established herein. Such permits may also impose conditions, safeguards, and limitations on time or use.
B.
Granting authority.
(1)
The Zoning Board of Appeals is designated as the granting authority for special permits as required under Article IV, Schedule of Permitted Uses, Uses Requiring Special Permit (except for Planned Unit Developments), § 415-22E, Land alteration regulations, and § 415-38, Shopping centers. Special permits may be granted upon application to the Zoning Board of Appeals and after consideration of recommendations as appropriate from other Town Boards and Agencies.
(2)
The Planning Board is designated as the Special Permit Granting Authority for Special Permits as required under Article VII, Planned Unit Developments, and Article IX, Planned Residential Development for Seniors, and § 415-21.6, MBTA Communities Mixed-Use Development District, and as the reviewing authority for action under Article VIII, Site Plan Review.
[Amended 5-6-2024 ATM by Art. 43]
(3)
The Special Permit Granting Authority shall adopt and from time to time amend rules relative to the issuance of such permits, and shall file a copy of said rules in the office of the Town Clerk.
(4)
There shall be one associate member of the Planning Board, who shall be eligible to participate solely in matters in which the Planning Board is acting as the Special Permit Granting Authority, in accordance with MGL c. 40A, § 9. The chairman of the Planning Board may designate the associate member to sit on the Planning Board for the purposes of acting on a special permit application, in the case of absence, inability to act, or conflict of interest, on the part of any member of the Planning Board or in the event of a vacancy on the Planning Board. The associate member shall be appointed for a two-year term by the Board of Selectmen, in accordance with § C-2.02K of the Town Charter and § 139-2E of the Town Bylaws.
[Added 5-5-2008 ATM, Art. 68]
C.
In considering each application for a special permit, the granting authority shall:
(1)
Conduct a public Hearing held within 65 days after filing of an application by certified mail with the granting authority, a copy of which shall also be sent by certified mail to the Town Clerk. The date of filing shall be the postmark date of the application. When an application requires a number of copies of plans, specifications, and other supporting documents, the application shall be filed by mail as above, and the supporting data delivered by the applicant to the granting authority within five days of the postmark date of the application;
(2)
Take final action upon an application within 90 days following a public hearing for which notice has been given as provided in MGL c. 40A, § 11.
D.
Revocation/lapse of special permits.
(1)
Any special permit shall be suspended or revoked for breach of the conditions contained therein.
(2)
Upon such revocation or suspension, the Granting Authority shall give written notice and reasons therefore to the permit holder. Upon such written notice, the Enforcement Officer shall issue an order to stop all activity under the permit.
(3)
The permit holder may, within 14 days, take action to eliminate the alleged breach of conditions and, by written request, may obtain an inspection by the Enforcement Officer. The latter shall immediately report his findings in writing to the Granting Authority, with a copy to the permit holder. If the alleged breach of conditions has been eliminated, the suspension or revocation of the permit shall automatically terminate as of the date of the Enforcement Officer's report. If the permit holder does not avail himself of the above procedure within the allotted time period, the permit shall be considered permanently revoked.
(4)
The stop order described above may be appealed to the Zoning Board of Appeals, as provided in Article XII of this bylaw. Pending the decision of the Board, the stop order shall remain in effect and all activity under the permit shall be suspended.
(5)
A special permit granted under this section shall lapse if a substantial use there of has not commenced, or in the case of a special permit for construction, has not begun, within two years of the date of the permit, notwithstanding the provision of MGL c. 40A, § 9.
E.
Permits by zoning enforcement officer in certain emergencies. Where an existing and occupied dwelling or structure has been accidentally damaged or destroyed by fire or other cause, the Zoning Enforcement Officer may issue a permit to the affected occupants for their temporary use of a mobile home, or other suitable shelter, on the premises so damaged or destroyed. Such permit shall be issued only to alleviate the immediate hardships caused by the unforeseen emergency, shall not be transferable, and neither the original permit nor any renewals thereof shall extend the use beyond six months from the date of the accidental loss, and shall be on such terms and conditions as the said Officer may prescribe.[1]
[1]
Editor's Note: Former Subsection F, Provisions relating to conversions and/or renovations of existing factories or other industrial building or buildings in the I-1 zoning district, added 5-7-2007 ATM, Art. 36, which immediately followed this subsection, was repealed 5-6-2013 ATM, Art. 34.
§ 415-89.1 Zoning variances.
[Added 5-2-2016 ATM, Art. 32]
A.
The Zoning Board of Appeals may authorize a variance for a particular use of a parcel of land or to an existing building thereon from the terms of this bylaw where, owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such parcel or such building but not affecting generally the district in which it is located, a literal enforcement of the provisions of this bylaw would involve substantial hardship, financial or otherwise, to the applicant, 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 this bylaw. The Board may impose conditions, safeguards and limitations both of time and of use, including the continued existence of any particular structures, but excluding any condition, safeguards or limitations based upon the continued ownership of the land or structures 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 grant of such variance, they shall lapse, and may be reestablished only after notice and a new hearing pursuant to this section.
B.
Before any variance is granted, the Board must find all of the following conditions to be present:
(1)
Conditions and circumstances are unique to the applicant's lot, structure or building and do not apply to the neighboring lands, structures or buildings in the same district.
(2)
Strict application of the provisions of this bylaw would deprive the applicant of reasonable use of the lot, structure or building in a manner equivalent to the use permitted to be made by other owners of their neighborhood lands, structures or buildings in the same district.
(3)
The unique conditions and circumstances are not the result of actions of the applicant taken subsequent to the adoption of this bylaw.
(4)
Relief, if approved, will not cause substantial detriment to the public good or impair the purposes and intent of this bylaw.
(5)
Relief, if approved, will not constitute a grant of special privilege inconsistent with the limitations upon other properties in the district.
§ 415-90 Violations and penalties.
A.
Any person who violates any of the provisions of this bylaw shall be subject to a fine of $300 per violation for each day of the violation or any successive day the violation(s) continue. Each day or portion thereof during which a violation continues shall constitute a separate offense, and each bylaw provision violated shall constitute a separate offense.
[Amended 5-4-2010 ATM, Art. 36]
B.
Refusal or neglect to comply at once with a stop order or the Building Inspector issued under the provisions of Chapter 40A of the General Laws or the provisions of this bylaw shall be considered an offense distinct in itself, and shall be subject to the enforcement provisions of said Chapter 40A and to the enforcement provisions of Subsection A above.
C.
Failure to obtain any building permit required under § 415-88E of this bylaw shall be considered an offense distinct in itself and shall be subject to an immediate fine equal in amount to two times the fee for the required permit.
D.
This bylaw may be enforced pursuant to the provisions of MGL c. 40, § 21D by the Building Inspector, Zoning Enforcement Officer or other officer having police powers.
[Added 5-4-2010 ATM, Art. 36]