Southwick City Zoning Code
ARTICLE VII
Administration
§ 185-38 Enforcement.
This chapter and any amendment thereto shall be administered in accordance with the provisions in Chapter 40A of the General Laws of Massachusetts and the State Building Code, as amended. Construction or operations under a building or special permit shall conform to any subsequent amendment of the ordinance or bylaw unless the use or construction 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 a completion as continuously and expeditiously as is reasonable.
§ 185-39 Violations and penalties.
[Amended STM 3-15-2008 by Art. 4]
Any person violating any provisions of this chapter, any of the conditions under which a permit is issued or any decision rendered by the Board of Appeals or Planning Board shall be fined not more than $300 for each offense. Each day that such violation continues shall constitute a separate offense.
§ 185-40 Planning Board.
A.
The Planning Board's responsibilities are established in Chapter 40A and Chapter 41 of the General Laws of the Commonwealth. In addition to these duties, the Planning Board is responsible for site plan review and to hear and act on applications for some special permits as provided for in this chapter.
B.
The Board of Selectmen and the Planning Board, acting together, shall annually appoint an associate member of the Planning Board for a term of one year. Any vacancy shall be filled for the unexpired term in the same manner as the original appointment. The Chairman of the Planning Board, in addition to the powers granted to him under the rules adopted by the Planning Board, shall have the power to designate the associate member to sit on the Planning Board to hear and act on applications for special permits as provided for in this chapter in case of the absence, inability to act or conflict of interest on the part of any members thereof, or in the event of a vacancy, until said vacancy is filled in the manner provided by statute.
[Added ATM 4-17-1991 by Art. 20]
§ 185-41 Board of Appeals.
A.
A Board of Appeals consisting of not fewer than three members and two associate members is hereby established. The members and associate members of said Board shall be appointed in accordance with MGL C. 40A, § 14, as amended.
B.
The Board of Appeals shall have the following powers:
(1)
To hear and decide appeals taken as provided in this chapter and Massachusetts General Law, Chapter 40A, as amended.
(2)
To hear and decide applications for special permits as provided in this chapter upon which such Board is required to pass.
(3)
To authorize upon appeal, or upon petition in cases where a particular dimensional variance 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 chapter where, owing to conditions especially affecting such parcel or building but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of this chapter 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 chapter, but not otherwise. In exercising these powers, the Board may impose limitations of time, and a continuation of the dimensional variance permitted may be conditioned upon compliance.
C.
Procedures and hearing and rules shall be in accordance with the provisions of Chapter 40A of the General Laws of the Commonwealth of Massachusetts.
§ 185-42 Amendments.
No amendments to this chapter and no zone line or zone change as indicated on the Zoning Bylaw Map,[1] which is a part of this chapter, shall be made except by vote at a Town Meeting after the Planning Board has held a public hearing thereon, after due notice given, and has submitted a final report with recommendations to the Town Meeting or otherwise acted in accordance with the applicable provisions of MGL C. 40A, § 5.
[1]
Editor's Note: The Zoning Map is on file in the office of the Planning Board. See the Table of Zoning Map amendments included at the end of this chapter.
§ 185-43 Repealer.
All bylaws or parts of bylaws heretofore passed, inconsistent herewith, are hereby repealed.
§ 185-44 Severability.
Should any sections or provisions of this chapter be decided by the courts of competent jurisdiction or the Attorney General to be unconstitutional or invalid, such decision shall not affect the validity of this chapter as a whole or any part thereof other than the part so decided as being unconstitutional or invalid.
§ 185-45 When effective.
This chapter shall take effect upon the completion of the requirements for adoption of a zoning bylaw as stated in Chapter 40A of the General Laws of the Commonwealth of Massachusetts, as amended.