Southbridge City Zoning Code
SECTION 2
ADMINISTRATION
2.1 Zoning Enforcement Officer; Permits.
A.
The Zoning Enforcement Officer is the official charged with interpreting and enforcing this Zoning By-law.
B.
No person shall erect, construct, reconstruct, convert, or alter a structure, or change the use, increase the intensity of use, or extend or displace the use of any structure or lot without receiving the required permit from the Zoning Enforcement Officer. Application for a building permit shall be accompanied by a plan of the lot and the exact location and size of the buildings already on the lot, of the other buildings or structures to be constructed or changed, the intended use of the buildings, the streets adjacent to the lot, and other information as the Zoning Enforcement Officer may require in order to determine compliance with this By-law.
C.
No premises, and no building erected, altered, or in any way changed as to construction or use under a permit or otherwise, shall be occupied or used without a certificate of occupancy from the Zoning Enforcement Officer. A certificate of occupancy shall not be issued until the premises, structure, and its uses and accessory uses comply in all respects with this Zoning By-law.
2.2 Enforcement, Violations, and Penalties.
2.2.1
Enforcement.
A.
If the Zoning Enforcement Officer is informed or has reason to believe that any provision of these By-laws is being violated, the Zoning Enforcement Officer shall notify the owner and the occupant and make or cause to be made an investigation of the facts and inspect the property where such violation may exist.
B.
If upon such investigation and inspection the Zoning Enforcement Officer finds evidence of a violation, the Zoning Enforcement Officer shall give notice thereof in writing to the owner and occupant of the premises and demand that the violation be abated within such time as the Zoning Enforcement Officer deems reasonable. The notice and demand may be given by mail, addressed to the owner at the owner’s address as it then appears on the records of the Board of Assessors of the Town and to the occupant at the address of the premises.
C.
If after such notice and demand the violation has not been abated within the time specified therein, the Zoning Enforcement Officer shall institute appropriate action or proceedings in the name of the Town of Southbridge to prevent, correct, restrain, or abate such violation of this By-law.
D.
Anyone who violates a provision of this Zoning By-law, or any condition of a variance, site plan review decision, or special permit, shall be punishable by a fine of not more than $300 for each offense. Each day during which any portion of a violation continues under the provisions of this section shall constitute a separate offense.
2.3 Zoning Board of Appeals.
A.
Establishment. The Town Manager shall appoint the Board of Appeals, established pursuant to G.L. c. 40A, which shall consist of three members and two associate members. To be consistent with the Town Charter, in the Town of Southbridge, associates on the Zoning Board of Appeals are also known as alternates. The Chair may designate one associate to sit in the place of any member who has a conflict of interest or cannot attend the hearing, or to cover a vacancy on the Board. The first appointments shall be made for one-, two- and three-year terms, respectively, and thereafter one appointment for a three-year term shall be made on or before the first day of July in each year. Associate members shall be appointed for two-year terms, the first appointments being for a one-year and a two-year term.
B.
Powers. The Board of Appeals shall have the following powers:
2.
To hear and decide, in accordance with the provisions of G.L. c. 40A, §9, applications for special permits when the Board is designated as the special permit granting authority.
C.
The Board of Appeals shall adopt rules and regulations for the administration of its powers and shall file a copy of such regulations with the Town Clerk.
D.
The Board of Appeals may adopt reasonable administrative fees and procedures and fees for employing outside consultants, consistent with G.L. c. 44, §53G, to assist the Board with its review of special permits, variances, administrative appeals, and applications for comprehensive permits in accordance with its regulations.
2.4 Planning Board.
A.
There shall be a Planning Board consisting of seven members and two alternate members appointed by the Town Council in accordance with the Town Charter. Each member shall serve for a three-year term.
B.
The Planning Board shall have and exercise all the powers granted to planning boards by the General Laws, including G.L. c. 40, c. 40A, and c. 41, and by the Town By-laws and this Zoning By-law, including but not limited to the following:
C.
The Planning Board shall adopt rules and regulations not inconsistent with the provisions of the Zoning By-law for conduct of its business and otherwise carrying out the purposes of G.L. c. 40A and this Zoning By-law, and shall file a copy of such rules in the office of the Town Clerk.
D.
The Planning Board may adopt reasonable administrative fees for petitions for special permits and site plan review, and procedures and fees for employing outside consultants, consistent with G.L. c. 44, §53G, to assist the Board with its review of special permits in accordance with its regulations.
2.5 Special Permits.
A.
The Planning Board shall serve as special permit granting authority unless otherwise designated in this By-law.
B.
The applicant shall file an application for a special permit with the Town Clerk and immediately thereafter shall file a copy of the application, including the date and time of filing certified by the Town Clerk, with the special permit granting authority. The form and contents of the application shall be in accordance with the rules and regulations of the special permit granting authority.
C.
The special permit granting authority shall hold a public hearing within 65 days of receipt of a special permit application and shall take final action no later than 90 days from the closing of the public hearing. Notification requirements for a public hearing shall be in accordance with G.L. c. 40A, §11.
D.
Unless otherwise specified herein, special permits shall be granted by the special permit granting authority only upon its written determination that the beneficial effects of the proposed use outweigh its adverse impacts to the Town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. The determination shall include findings that all the following criteria for granting a special permit are met:
1.
The use is in harmony with the general purpose and intent of this By-law;
2.
The use is in an appropriate location and is not detrimental to the neighborhood and does not significantly alter the character of the zoning district;
3.
Adequate and appropriate facilities will be provided for the operation of the proposed use;
4.
The proposed use will not be detrimental or otherwise offensive to the adjoining zoning districts and neighboring properties due to the effects of lighting, odors, smoke, noise, sewage, refuse materials, or visual or other nuisances;
5.
The proposed use will not cause undue traffic congestion in the immediate area;
6.
The proposed use is consistent with the Southbridge master plan; and
7.
Any other finding expressly required in this By-law for specific uses.
The special permit granting authority’s findings shall be made part of the record of the public hearing. |
E.
Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the special permit granting authority may deem necessary to serve the purposes of this Zoning By-law. Such conditions may include but shall not be limited to the following:
1.
Deadline to commence construction.
2.
Dimensional standards more restrictive than those set forth in this By-law.
3.
Limitations on signage, number of vehicles or parking spaces, noise, or hours of operation of construction equipment.
4.
Limitation of size, method or hours of operation, extent of facilities, or other operating characteristics of a use.
5.
Requirements pertaining to integrated emergency or alarm systems, maintenance, landscaping, dust control, wastewater disposal or water supply, bond or other performance guarantee.
6.
Requirements for independent monitoring, at the expense of the applicant, and reporting to the Zoning Enforcement Officer, if necessary to ensure continuing compliance with the conditions of a special permit or of this By-law.
7.
Term for years with or without automatic renewals, to the extent allowed by law.
8.
Requirements pertaining to tree protection, maintenance, or replacement.
9.
Other limitations as may be reasonably related to reducing any adverse impact on, or increasing the compatibility of the proposed use, structure or activity with, the surrounding area.
F.
Special permits shall lapse within two years, which shall not include such time required to pursue or await the determination of an appeal under G.L. c. 40A, §17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause, or, in the case of a special permit for construction, if construction has not begun by such date except for good cause.
G.
Special permits shall not take effect until filed with the Town Clerk. Proof of recording with the Registry of Deeds or Registry District of the Land Court shall be presented to the Zoning Enforcement Officer.
H.
Any special permit granting authority may hire professional consultants at the applicant’s expense pursuant to G.L. c. 44, §53G, to assist with review of a special permit application; provided, that the procedures for hiring outside consultants are set forth in the applicable board’s rules and regulations.
2.6 Site Plan Approval.
2.6.1
Purposes. Site plan review is a means of managing the aesthetics and environmental impact of land use by the regulation of permitted uses, not their prohibition. Its purpose is to assure protection of the public interest consistent with a reasonable use of the site for the purposes permitted in the district. Accordingly, no building permit shall be issued for any use, site, or building alteration, or other improvement, that is subject to this Section 2.6 unless an application for site plan review has been submitted in accordance with the following requirements.
2.6.2
Applicability. Site plan review shall apply to the following:
A.
Major Site Plan Review by the Planning Board.
1.
New construction or any alteration, reconstruction, or renovation of any multifamily, commercial, industrial, institutional, or municipal use involving 2,000 square feet or more of gross floor area; or
2.
Any change in use or reactivation of a structure that has not been in use for two or more years; or
3.
New construction or any alteration, reconstruction, or renovation of an existing building, or any change in use of an existing building requiring ten or more parking spaces; or
4.
Construction, expansion, redesign, or alteration of an existing parking area involving the addition of ten or more new parking spaces.
B.
Minor Site Plan Review by the Development Review Team (DRT).
1.
New construction or any alteration, reconstruction, or renovation of any multifamily, commercial, industrial, institutional, or municipal use involving less than 2,000 square feet of gross floor area; or
2.
New construction, expansion of an existing structure, or a change in use in an existing building requiring three or more but less than ten parking spaces; or
3.
Construction or modification of a parking area involving the addition of three or more but less than ten new parking spaces.
C.
The Zoning Enforcement Officer shall not issue a building permit or make a determination of zoning compliance for any project subject to this Section 2.6 unless a site plan has been approved by the applicable review authority or the review authority’s decision period has lapsed, unless the applicant has requested an extension in writing. Any work done in deviation from an approved site plan shall be a violation of this By-law unless such deviation is approved in writing by the Board or DRT or determined by the Zoning Enforcement Officer to be an insubstantial change.
D.
Exemptions. This Section 2.6 shall not apply to:
1.
A single-family or two-family dwelling; or
2.
Restoration or reconstruction of a structure destroyed by fire or other natural cause; provided, that the restoration or reconstruction is limited to the footprint of the original structure; or
3.
Any project the scope of which is limited to removal, containment, or other clean-up of hazardous waste contamination on a site when carried out under a permit or other approval from a state or federal agency with legal authority for such review and approval.
2.6.4
Procedures.
A.
The applicant shall file an application for site plan review with the Town Clerk and immediately thereafter shall file a copy of the application, including the date and time of filing certified by the Town Clerk, with the Planning Board or DRT, as applicable. The form and contents of the application shall be in accordance with the Planning Board’s site plan rules and regulations.
B.
The site plan submission date shall be the date the site plan application is filed with the Town Clerk.
C.
Minor Site Plan Review. Any proposal requiring minor site plan review under Section 2.6.2(B) shall be subject to the following procedures:
1.
An application for minor plan review shall be in accordance with the Planning Board’s rules and regulations.
2.
The DRT shall meet at a regularly scheduled time and place to review the site plan.
3.
The DRT’s decision to approve, approve with conditions, or refer the plan to the Planning Board shall be in writing, and shall be made within 30 days of receipt of a complete application for minor plan review.
4.
Any dispute arising from the minor plan review process or any plan not receiving a majority vote of approval from the DRT shall be referred to the Planning Board for review and decision. The DRT may also refer any application for minor site plan review to the Planning Board for review and decision if it determines that, due to unusual circumstances or a unique situation, the plan warrants review by the Planning Board. In addition, any minor site plan review application involving a use that was previously approved by special permit from the Planning Board shall be referred to the Planning Board for review and approval even if the use became a permitted use after the special permit was issued. In the event that the DRT refers a minor site plan application to the Planning Board, the Planning Board shall issue a written decision to approve, approve with conditions, or deny the site plan within thirty (30) days of receipt from the DRT.
D.
Major Site Plan Review. Any proposal requiring major site plan review by the Planning Board under Section 2.6.2(A) shall be subject to the following procedures:
1.
The Board shall review the site plan at a duly posted open meeting. Any public notice to abutters and other parties of interest shall be conducted in accordance with the site plan rules and regulations.
2.
The Board shall review and act upon the site plan, requiring such conditions as necessary to satisfy the site plan approval standards under Section 2.6.5, and notify the applicant of its decision. The decision shall be in writing and shall be filed with the Town Clerk within 60 days of the application date. The applicant may request, and the Board may grant by majority vote of the membership, an extension of the time limit set forth herein.
3.
The Board may approve the site plan or approve it with conditions, or deny a site plan only if the plan does not include adequate information as required by the site plan rules and regulations, or if the plan depicts a use or structure so contrary to health, safety and welfare of the public that no set of conditions would render the project tenable. The Board’s decision shall be by majority vote of the membership, and the decision shall be in writing and filed with the Town Clerk.
4.
The applicant shall satisfy or comply with all conditions of the site plan review decision prior to the issuance of a building permit except for those conditions that by their terms are intended to be satisfied during construction or later.
5.
Unless specifically authorized by the terms of the site plan review decision, a final certificate of occupancy shall not be issued until the applicant has complied with or satisfied all conditions of the site plan review decision.
E.
Site plan approval shall lapse after one year from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the Planning Board or DRT, as applicable, upon the written request of the applicant.
2.6.5
Site Plan Approval Criteria.
A.
Site plan approval shall be granted if the Planning Board determines, after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points, and other aspects of the project, that the proposed development:
1.
Minimizes the volume of cut and fill, the number of removed trees 6-inch caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and threat of air and water pollution;
2.
Maximizes pedestrian and vehicular safety both on the site and egressing from it;
3.
Minimizes obstruction of scenic views from publicly accessible locations;
4.
Minimizes visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned;
5.
Minimizes glare from headlights and lighting intrusion;
6.
Minimizes unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places;
7.
Provides access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of the Board’s subdivision rules and regulations;
8.
Minimizes contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances;
9.
Complies with all applicable provisions of this By-law; and