Westborough City Zoning Code
ARTICLE 2
Administration and Enforcement
§ 2.1 Building Commissioner.
This bylaw shall be administered by the Building Commissioner. The Commissioner's duties shall consist of obtaining all routine information, issuing zoning and occupancy permits, and, in general, administering this bylaw under the control and direction of the Select Board.
§ 2.2 Permits required; applications.
A.
Permits required. No structure shall be erected or externally altered without a building permit having been issued by the Building Commissioner. No land or buildings shall be occupied or changed from one use category of § 5.1 to another without an occupancy permit having been issued by the Building Commissioner. No such permits shall be issued for construction or use in violation of any provision of this bylaw.
B.
Permit application. Applications for permits for construction shall be accompanied by a plan of the lot, drawn to scale, showing the actual dimensions of the lot, exact location and size of any existing or proposed buildings, and streets and ways adjacent to the lot, and all other items as required by the then current application. Where such are involved, any parking areas for six or more cars and their means of egress, and any required screening or landscaping, shall also be shown.
§ 2.3 Zoning Board of Appeals.
A Zoning Board of Appeals is hereby established under the provision of MGL c. 40A, § 12, as amended, consisting of three members and two associate members who shall be appointed and act in all matters under this bylaw in the manner prescribed by MGL c. 40A. The Zoning Board of Appeals shall have the following powers, except where an SPGA is otherwise identified in the bylaw:
A.
Appeals. To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit from any administrative official under the provisions of MGL c. 40A, or taken by any officer or board of the Town, or taken by any person aggrieved by any order or decision of the Building Commissioner or other administrative official in violation of any provision of MGL c. 40A or by this bylaw; and, in any case, in accordance with MGL c. 40A, § 8.
B.
Variances. To authorize upon appeal, or upon petition with respect to particular land or structures, a variance from the terms of the Zoning Bylaw where the Board specifically finds that owing to circumstances relating to the soil conditions, shape or topography of such land or structures, and especially affecting such land or structures, but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the Zoning 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 such bylaw. Except where otherwise provided, no variance may authorize a use or activity not otherwise permitted in the district in which the land or structure is located; provided, however, that such variances properly granted prior to January 1, 1976, but limited in time may be extended on the same terms and conditions that were in effect for such variance upon said effective date. The Zoning Board of Appeals is hereby authorized to grant use variances conditioned upon the satisfaction of the criteria for the granting of variances in this section.
(1)
The permit granting authority may impose conditions, safeguards and limitations, both of time and 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.
(2)
If the rights authorized by a variance are not exercised within one year of the date of grant of such variance, such rights shall lapse; provided, however, that the permit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six months; and provided, further, that the application for such extension is filed with such permit granting authority prior to the expiration of such one-year period. If the permit granting authority does not grant such extension within 30 days of the date of application therefor, and upon the expiration of the original one-year period, such rights may be reestablished only after notice and a new hearing pursuant to the provisions of this section.
C.
Special permits. To hear and decide applications for special permits for exceptions as provided in this bylaw, subject to any general or specific rules therein contained, and subject to appropriate conditions or safeguards and limitations on time or use, imposed by the Board. Special permits may be granted unless, because of conditions peculiar to the particular case but not generally true for similar permitted uses on other sites in the same district, it appears that nuisance, hazard or congestion will be created, or for other reasons there will be substantial harm to the neighborhood or derogation from the intent of the bylaw. In the event any special permit required under this bylaw or amendment thereto requires specific findings of the Board as described in MGL c. 40A, § 9, such a finding is mandatory to the granting of such exception.
(1)
A special permit granted under this bylaw pursuant to MGL c. 40A, § 9, as amended, shall lapse within a period of not more than three years; subject, however, to the provisions of said MGL c. 40A, § 9, 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.
(2)
The Zoning Board of Appeals shall hold a public hearing on any appeal, application or petition within 65 days after the filing of an application with the Zoning Board of Appeals.
§ 2.4 Prescribed time for action and procedure.
If the SPGA shall fail to take final action within 90 days of the required public hearing, or the permit granting authority (variances) shall fail to act within 100 days after the date of the filing of an appeal, application or petition, then the petition shall be deemed approved, subject to the following requirements:
A.
The petitioner, after the expiration of the aforesaid period, shall file with the Town Clerk a copy of his petition and an affidavit stating the date of the public hearing and the failure of the authority to render a decision within the required time.
B.
Upon receipt of the petition and affidavit, the Town Clerk shall give notice of the filing to those persons entitled to a notice of the decision under MGL c. 40A, § 15. The filing of a petition and affidavit in the office of the Town Clerk shall be deemed the equivalent of the filing of a decision for purposes of judicial appeals provided for under MGL c. 40A, § 17.
C.
If no appeal is taken within the required statutory period, then the Town Clerk shall furnish the petitioner with a certified copy of the petition and affidavit, together with a certificate that no appeal has been filed, all of which shall be recorded in the manner prescribed under MGL c. 40A, § 15, in lieu of the documents required to be recorded under that section.
§ 2.5 Recording of decisions.
Variances and special permits must be recorded in the Registry of Deeds with the conditions imposed thereon prior to any construction or use thereunder.
§ 2.6 Repetitive petitions.
Repetitive appeals, applications or petitions to the Zoning Board of Appeals or other applicable SPGA shall be limited and subject to the provisions of MGL c. 40A, § 16, as amended.
§ 2.7 Enforcement.
If the Building Commissioner shall be informed or have reason to believe that any provision of this bylaw or of any permit or decree thereunder has been, is being, or is likely to be violated, he shall make or cause an investigation to be made of the facts, including an inspection of the property where the violation may exist, and if he finds any violation, he shall give immediate notice, in writing, to the owner or his duly authorized agent and to the occupant of the premises and shall order that any violation of the provisions of this bylaw shall immediately cease. If, after such notice and order, such violation continues, or if any owner, agent or occupant fails to obey any lawful order of the Building Commissioner with respect to any violation or any use contrary to the provisions of this bylaw, the Building Commissioner shall forthwith revoke any permit issued for the occupation of the premises, may make complaint to the Superior Court or any court of competent jurisdiction for an injunction or order restraining the further use of the premises, and shall take such other action as is necessary to enforce the provisions of this bylaw. In the event the Building Commissioner is requested, in writing, to enforce the Zoning Bylaw and he declines to do so, he shall notify, in writing, the party requesting such enforcement of any action or refusal to act and the reasons therefor within 14 days of receipt of the request.
§ 2.8 Violations and penalties.
Whoever violates any provision of this bylaw, or any of the conditions under which a building or occupancy permit is issued, or any decision rendered by a permit granting authority or SPGA under the provisions of this bylaw, shall be liable to the maximum fine allowable by MGL c. 40A, § 7, except where another penalty is provided. Each day that such violation continues shall constitute a separate offense.