Zoneomics Logo
search icon

Sterling City Zoning Code

ARTICLE 6

Administration and Procedures

§ 301-6.1 Administration.

§ 301-6.1.1. 
Permits. This bylaw shall be administered by the Building Inspector. Pursuant to the State Building Code, the Building Inspector may require such plans and specifications as may be necessary to determine compliance with all pertinent laws of the commonwealth. Buildings, structures or signs may not be erected, substantially altered, moved, or changed in use and land may not be substantially altered or changed in principal use without written certification by the Building Inspector that such action is in compliance with then-applicable zoning, and that all necessary permits have been received under federal, state, or local law. Issuance of a building permit or certificate of use and occupancy, where required under the commonwealth's State Building Code, may serve as such certification.
§ 301-6.1.2. 
Enforcement. The Building Inspector shall institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of the bylaw and of permits and variances issued thereunder, including notification of noncompliance and request for legal action through the Select Board to Town Counsel.
§ 301-6.1.3. 
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 shall be $300 for each offense. Each day that each violation continues shall constitute a separate offense.

§ 301-6.2 Board of Appeals.

§ 301-6.2.1. 
Establishment. A Board of Appeals shall be appointed by the Select Board as provided in MGL c. 40A, consisting of five members and three associate members.
§ 301-6.2.2. 
Powers. The Board of Appeals shall have and exercise all the powers granted to it by MGL c. 40A, c. 40B and c. 41 and by this bylaw. The Board's powers are as follows:
1. 
To hear and decide applications for special permits. Unless otherwise specified herein, the Board of Appeals shall serve as the special permit granting authority, to act in all matters in accordance with the provisions of § 301-6.3, or as otherwise specified.
2. 
To hear and decide appeals or petitions for variances from the terms of this bylaw, with respect to particular land or structures, as set forth in MGL c. 40A, § 10.
a. 
Use variances from the provisions of § 301-2.3 may be granted only if the requirements of MGL c. 40A, § 10, are satisfied, and only if the Board of Appeals finds that the following conditions will be met:
(1) 
No building shall be more than two stories nor shall it occupy more than 2,500 square feet of land area;
(2) 
No building or site alterations shall cause damage to the established character of the area;
(3) 
Signs shall be as permitted in § 301-3.1, unless otherwise authorized by the Board of Appeals;
(4) 
(Reserved)[1]
[1]
Editor's Note: Former Subsection 2a(4), regarding the requirement to obtain a use variance from the Board of Appeals for earth removal in the RR and NR Zoning Districts, was repealed 6-14-2021 ATM by Art. 48, approved 12-10-2021.
(5) 
In RR or NR Districts, no traffic shall be generated inconsistent with the district.
(6) 
No noise, vibration, dust, smoke, odor, heat or glare shall be created observable at the lot lines in an amount exceeding that normally permitted in the district.
3. 
To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provision of MGL c. 40A, §§ 8 and 15.
4. 
To hear and decide comprehensive permits for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in MGL c. 40B, §§ 20 through 23.

§ 301-6.3 Special permits.

§ 301-6.3.1. 
Special permit granting authority. Unless specifically designated otherwise, the Board of Appeals shall act as the special permit granting authority.
§ 301-6.3.2. 
Criteria. Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial 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. In addition to any other specific factors that may be set forth in this bylaw, the determination shall include evaluations of the adverse effects and beneficial impacts of each of the following factors:
1. 
Social, economic, or community needs which are served by the proposal;
2. 
Traffic flow and safety, including parking and loading;
3. 
Adequacy of utilities and other public services;
4. 
Neighborhood character and social structures;
5. 
Impacts on the natural environment; and
6. 
Potential fiscal impact, including impact on Town services, tax base and employment.
§ 301-6.3.3. 
Procedures. Whenever an application for a special permit is filed with a special permit granting authority, the applicant shall also file, within five working days of the filing of the completed application with said authority, copies of the application, accompanying site plan, and other documentation, to the Planning Board, Board of Health, Conservation Commission, Building Inspector, Director of Public Works, Police Chief, and Fire Chief for their consideration, review, and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. An application shall not be deemed complete until all copies of required information and documentation have been filed with the special permit granting authority. Said authority shall notify applicants by registered or certified mail, within 14 days of submittal, of incomplete application status, and the applicant shall have 14 days from the mailing of such notice to complete an application. Failure to complete an application within such time shall result in a return of all materials to the applicant, without prejudice. Reports from other boards and officials shall be submitted to the special permit granting authority by the date of the public hearing, but in any case within 35 days of receipt of the reviewing party of all of the required materials; failure of these reviewing parties to make recommendations after having received copies of all such required materials shall be deemed a lack of opposition thereto. In the event that the public hearing by the special permit granting authority is held prior to the expiration of the thirty-five-day period, said authority shall continue the public hearing to permit the formal submission of reports and recommendations within that thirty-five-day period. The decision/findings of the special permit granting authority shall contain, in writing, an explanation for any departures from the recommendations of any reviewing party.
§ 301-6.3.4. 
Conditions. 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 bylaw.
§ 301-6.3.5. 
Plans. An applicant for a special permit shall submit a plan in substantial conformance with the requirements of § 301-6.4.4 herein.
§ 301-6.3.6. 
Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof) with the Town Clerk.

§ 301-6.4 Site plan review.

§ 301-6.4.1. 
Applicability. The following types of activities and uses require site plan review by the Planning Board:
1. 
Construction, exterior alteration or exterior expansion of, or change of use within a municipal, institutional, commercial, industrial or multifamily structure involving more than 1,200 square feet;
[Amended 6-14-2021 ATM by Art. 29, approved 12-10-2021]
2. 
Construction or expansion of a parking lot for a municipal, institutional, commercial, industrial, or multi-family structure or purpose;
[Amended 6-14-2021 ATM by Art. 29, approved 12-10-2021]
3. 
Grading or clearing more than 10% of a lot, except for the following: landscaping on a lot with an existing structure or a proposed single- or two-family dwelling; clearing necessary for percolation and other site tests; work incidental to agricultural activity, work in conjunction with an approved subdivision plan, or work pursuant to an earth removal permit.
§ 301-6.4.2. 
Exemptions.
1. 
A building wholly or partially destroyed may be rebuilt without recourse to this section if rebuilt without change to the building footprint or the square footage of usable space.
2. 
The construction or enlargement of any nonresidential building, structure or use in any district where such construction will not exceed a total gross floor area of 1,200 square feet or will not generate the need for more than five parking spaces.
[Added 6-14-2021 ATM by Art. 29, approved 12-10-2021]
§ 301-6.4.3. 
Procedures.
1. 
Use, structure, or activity available as of right or special permit. An application for a building permit to perform work as set forth in § 301-6.4.1 available as of right shall be accompanied by an approved site plan. Prior to the commencement of any activity set forth in § 301-6.4.1 or available as of right, the project proponent shall obtain site plan approval from the Planning Board. Applicants for site plan approval shall submit 15 copies of the site plan and an electronic copy of all application materials to the Planning Board for review, and for distribution to the Board of Health, Director of Public Works, Police Chief, Fire Chief, the Building Inspector and the Conservation Commission for their advisory review and comments. Approval for a site plan may be issued only after a public meeting held within 60 days of the filing of an application with the Planning Board. It is the applicant's responsibility to obtain a certified list of names and addresses of all parties of interest, as defined in MGL c. 40A, § 11, by the Assessing Office. The Planning Board shall notify all parties of interest by mail and notice of a public meeting shall be given by publication in a newspaper of general circulation in the Town in each of two consecutive weeks; the first publication to be not less than 14 days and the second publication not less than seven days before the day of the meeting. Said notice and publication shall contain the name of the applicant, a description of the area or premises, street address, or other adequate identification of the location, the date and place of the public meeting, the subject matter of the hearing, and the nature of the action requested. The decision of the Planning Board shall be upon a majority of those present and shall be in writing. No building permit shall be issued by the Building Commissioner without the written approval of the site plan by the Planning Board, or unless 60 days lapse from the date of the submittal of the site plan without action by the Planning Board.
[Amended 6-14-2021 ATM by Art. 29, approved 12-10-2021]
2. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection 2, Use or structure available by special permit or variance, was repealed 6-14-2021 ATM by Art. 29, approved 12-10-2021.
3. 
Where the Planning Board serves as the special permit granting authority it shall consolidate its site plan review and special permit procedures.
4. 
An application for site plan approval shall be accompanied by a fee, as set forth in the Planning Board's Rules and Regulations.
§ 301-6.4.4. 
Submittals. The Planning Board may require narrative assessments of the on-site and off-site impacts of the proposed project, including traffic, drainage, noise, and other environmental factors. The Planning Board may require that such narrative assessments be prepared by qualified experts. In addition, a site plan shall show:
1. 
All boundary line information pertaining to the land sufficient to permit location of same on ground with existing and proposed topography at two-foot contour intervals;
2. 
Existing and proposed building and structures, including fences, loading areas, accessory buildings, signs, waste disposal areas, and storage areas. Existing building elevations or renderings shall be submitted;
3. 
Water provision, including fire protection measures;
4. 
All wetlands and waterbodies on the property and within 100 feet of the property;
5. 
Sanitary sewerage and storm drainage, including means of ultimate disposal and calculations to support maintenance of the requirements in the Planning Board's Subdivision Rules and Regulations;
6. 
Parking, walkways, driveways, and other access and egress provisions;
7. 
Existing trees ten-inch caliper or better and existing tree/shrub masses; proposed planting landscaping and screening;
8. 
Existing and proposed exterior lighting;
9. 
Compliance with all applicable provisions of this Zoning Bylaw.
10. 
All stormwater management systems for new development and redevelopment projects that result in a land disturbance of one or more acres and discharge stormwater into the municipal system must comply with the Massachusetts Department of Environmental Protection (DEP) Stormwater Management Policy Handbook and Technical Handbook, whether or not the project falls within the jurisdiction of the Wetland Protection Act (MGL c. 131, § 40). This enforcement will include projects that are less than one acre if the project is part of a larger common plan development.
§ 301-6.4.5. 
Preparation of plan. Site plans shall be submitted on twenty-four-inch by thirty-six-inch sheets. Plans shall be prepared by a registered professional engineer, registered land surveyor, architect or landscape architect, as appropriate. Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal. All plans shall have a minimum scale of one inch equals 200 feet.
§ 301-6.4.6. 
[2]Approval. Site plan approval shall be granted upon determination by the Planning Board that the following conditions have been satisfied. The Planning Board may impose reasonable conditions at the expense of the applicant, including performance guarantees, to ensure that the following conditions have been satisfied. Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of the Planning Board's Subdivision Rules and Regulations. New building construction or other site alteration shall be designed in the site plan, 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 development, so as to:
1. 
Minimize the volume of cut and fill, the number of removed trees six-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. 
Maximize pedestrian and vehicular safety both on the site and egressing from it;
3. 
Minimize obstruction of scenic views from publicly accessible locations;
4. 
Minimize visual intrusion by controlling visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned;
5. 
Minimize glare from headlights through plantings or other screening;
6. 
Minimize lighting intrusion through use of devices confining illumination to the site;
7. 
Minimize unreasonable departure from the color, character, scale and architectural style of buildings in the vicinity, as viewed from public ways;
8. 
Minimize 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. 
Compliance with the provisions of this Zoning Bylaw, including parking and landscaping.
[2]
Editor's Note: Former § 301-6.4.6, Waiver of technical compliance, was repealed 6-14-2021 ATM by Art. 29, approved 12-10-2021. This article also redesignated former §§ 301-6.4.7 through 301-6.4.10 as §§ 301-6.4.6 through 301-6.4.9, respectively.
§ 301-6.4.7. 
Lapse. 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 upon the written request of the applicant.
§ 301-6.4.8. 
Regulations. The Planning Board may adopt and from time to time amend reasonable regulations for the administration of these site plan guidelines.
§ 301-6.4.9. 
As-built plan. Within 30 days after completion of the project an as-built plan will be submitted to the Planning Board in both paper and digital form as specified by the Planning Board.

§ 301-6.5 Amendments.

This bylaw may from time to time be changed by amendment, addition, or repeal by the Town Meeting in the manner provided in MGL c. 40A, § 5, and any amendments thereto.

§ 301-6.6 Applicability.

§ 301-6.6.1. 
Other laws. Where the application of this bylaw imposes greater restrictions that those imposed by any other regulations, permits, restrictions, easements, covenants, or agreements, the provisions of this bylaw shall control.
§ 301-6.6.2. 
Conformance. Construction or operations under a building permit shall conform to any subsequent amendment of this bylaw unless the use or construction is commenced within a period of six months after the issuance of the permit, and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

§ 301-6.7 Severability.

The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision herein.