Wellfleet Town City Zoning Code
ARTICLE VIII
Administration
§ 235-8.1 Enforcement.
This bylaw shall be enforced by the Selectboard or by an Inspector of Buildings appointed by it.
§ 235-8.2 Permits required.
No building shall be built, altered or moved and no use of land or building shall be begun or changed without a permit having been issued. No building shall be occupied until application for permits shall be accompanied by a plan showing the lot, the area, and the building location on said lot with reference to front, side and rear lot lines.
A.
Construction or operations under a building or special permit shall conform to any subsequent amendment of this bylaw unless the use or construction is commenced within a period of not more than 12 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.
B.
Nonconforming structures 10 years or older. Any structure or alteration to a structure in existence for a period of at least 10 years shall be deemed to be a legally nonconforming structure under MGL c. 40A, § 7 and this bylaw, provided that no notice of an action, suit, or proceeding as to an alleged violation of MGL c. 40A or this bylaw has been recorded in the Registry of Deeds, as provided in MGL c. 40A, § 7.
§ 235-8.3 Penalty.
[Amended 6-26-2021 ATM by Art. 45; 9-18-2023 STM by Art. 11]
A.
Any person, association, firm or corporation violating any of the provisions of this bylaw may be fined $300 for each offense. Each day that such a violation continues shall constitute a separate offense. This bylaw may be enforced by noncriminal disposition pursuant to the provisions of General Laws Chapter 40, § 21D.
B.
Accessory dwelling units: Any person, association, firm or corporation violating § 235-6.21 Accessory dwelling units (ADU), may be fined $300 for each offense. Each accessory dwelling unit in violation shall be a separate violation. Each day that such violation continues shall constitute a separate offense. This bylaw may be enforced by noncriminal disposition pursuant to the provisions of General Laws Chapter 40, § 21D.
§ 235-8.4 Zoning Board of Appeals.
There is hereby established a Zoning Board of Appeals of five members and four associate members to be appointed by the Selectboard, as provided in Chapter 40A of the General Laws, which shall act on all matters within its jurisdiction under this bylaw in the manner prescribed in Chapter 40A of the General Laws. The Zoning Board of Appeals shall have the following powers:
A.
Appeals. To hear and decide any appeal taken by any person aggrieved by reason of his inability to obtain a permit from any administrative official under the provisions of Chapter 40A of the General Laws, or by any officer or board of the Town, or by any person aggrieved by any order or decision of the Inspector of Buildings or person or persons acting in that capacity, or other administrative official in violation of any provision of Chapter 40A of the General Laws or of this bylaw.
B.
Special permits. The Zoning Board of Appeals shall be the special permit granting authority (SPGA) with the authority to hear and decide all applications for special permits, except for those special permits where the Planning Board is expressly designated as the SPGA. Granting of a special permit for an adult entertainment use shall be pursuant to the requirements of § 235-6.20, Adult entertainment uses, in addition to all other special permit requirements hereunder. The Zoning Board of Appeals, or the Planning Board acting as the SPGA, shall not grant a special permit unless it finds that the benefits of the proposal to the Town will outweigh any adverse effects on the Town or the vicinity, taking into consideration the stated district objectives (§ 235-3.2) and, where germane, the following matters:
(1)
Suitability of the proposed location for this proposal, taking the following into consideration:
(a)
Nearby land uses, and whether they would be supported by or damaged by having the proposed use nearby.
(b)
Uses of the site which would be displaced by or preempted by this use.
(c)
Adequacy of roads, drainage, and other public services in relation to the location.
(d)
Whether the site is more sensitive than are most similarly zoned sites to environmental damage from a proposal such as this, considering erosion, siltation potential, groundwater or surface water contamination, habitat disturbance, or loss of valuable natural vegetation.
(2)
Activity type, mix, and intensity, taking the following into consideration:
(a)
Whether the proposal contributes to the diversity of services or housing opportunities available locally.
(b)
Seasonal consequences, including addition to peak period congestion.
(c)
Service to local, in preference to regional, markets and to year-round, in preference to seasonal, activities.
(d)
For business developments, likelihood of year-round employment opportunities being created for residents, and the quality of those opportunities.
(e)
For residential developments, how substantially, if at all, the proposal contributes to housing affordable for year-round residents.
(3)
Building and site design, including consideration of the following:
(a)
Whether scenic views from public ways and developed properties have been considerately treated.
(b)
Whether reasonable efforts have been made to minimize visibility of parking and service areas from public streets.
(c)
Whether any traditional public access to or along the shoreline has been maintained.
(4)
Each application for a special permit shall be filed by the petitioner with the Town Clerk and a copy of said application, including the date and time of the filing certified by the Town Clerk, shall be filed forthwith by the petitioner with the special permit granting authority (SPGA). Special permits shall be issued only following a public hearing to be held within 65 days of the date certified by the Town Clerk of the filing of the application after filing by the applicant of an application with the SPGA and with the Town Clerk, calculated from the date certified by the Town Clerk. Special permits shall lapse within two years, not including such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause.
(5)
Uses, whether or not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted upon issuance of special permit, provided the Zoning Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.
C.
Variances.
(1)
To grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of this bylaw where the Zoning Board of Appeals specifically finds that, owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and specifically 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 the bylaw.
(2)
Effect on variances within park and notice of same. Applicants for variances or special permit shall be promptly notified by the Zoning Board of Appeals that the Secretary of the Interior is authorized to withdraw the suspension of his authority to acquire, by condemnation, property which is made the subject of a variance or exception that, in his opinion, fails to conform or is in any manner opposed to or inconsistent with the purposes of the Cape Cod National Seashore. The Secretary of the Interior shall be given notice by the Zoning Board of Appeals of all applications or petitions made for variances or special permit to the bylaws for the Seashore District, and he shall be provided notice by the Planning Board of all applications for building permits involving the Seashore District: all such notices to be given within seven days of receipt of the applications or petitions. Subsequently, to meet the requirements of the Act of Congress of August 7, 1961, the Secretary shall be given notice by the appropriate board of any variance, or exception, or building permit granted or denied for within the Seashore District.
§ 235-8.5 Appeals of Zoning Board of Appeals decisions.
Any person aggrieved by a decision of the Zoning Board of Appeals or the Planning Board acting as special permit granting authority (SPGA) must appeal within 20 days after filing of the Board's decision with the Town Clerk to either the District Court, the Land Court or the Superior Court, in accordance with the provisions of MGL c. 40A, § 17.
§ 235-8.6 Amendments.
This bylaw may be amended from time to time at an Annual or Special Town Meeting in accordance with the provisions of MGL c. 40A, § 5.
§ 235-8.7 Severability.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.
§ 235-8.8 Interpretation; conflict with other laws.
In their interpretation and application, the provisions of this bylaw shall be held to be minimum requirements, adopted for the promotion of the public health, safety, or the general welfare. Whenever the requirements of this bylaw are at variance with the requirements of any other lawfully adopted rules, regulations or bylaw, the most restrictive or that imposing the higher standards shall govern.
§ 235-8.9 Effective date.
This bylaw shall take effect upon final approval of the Attorney General of the Commonwealth of Massachusetts, and its publication in accordance with MGL c. 40, § 32. Upon its effective date, it shall supersede the Zoning Bylaw voted by the Town October 18, 1966, and any amendments thereof previously in effect.