Whately City Zoning Code
ARTICLE VI
Administration and Enforcement
§ 171-35 Enforcement; violations and penalties.
A.
The Building Inspector shall enforce this chapter and any subsequent amendments.
B.
No building or structure shall be constructed, altered or moved and no land, building or structure shall be changed in use without a permit from the Building Inspector.
C.
No permit shall be issued unless the construction, alteration or change in use is in compliance with the provisions of this Zoning Bylaw.
D.
No building shall be occupied until a certificate of occupancy has been issued by the Building Inspector.
E.
Construction or operations under a building or special permit shall conform to any subsequent amendment of the Zoning 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.
F.
Any person violating any of the provisions of this chapter, any of the conditions of a permit granted under this chapter or any of the decisions rendered by the Zoning Board of Appeals shall be fined $50 for each offense. Each day that such violation continues shall constitute a separate offense.
§ 171-36 Zoning Board of Appeals.
There is hereby established a Zoning Board of Appeals of three members and two 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 chapter in the manner prescribed in Chapter 40A of the General Laws. The Zoning Board of Appeals shall have the following powers:
A.
To hear and decide special permit applications, as provided for in this chapter and in the Zoning Act, Chapter 40A of the Massachusetts General Laws.
B.
To hear and decide appeals and variances, as provided for in the Zoning Act, Chapter 40A of the Massachusetts General Laws.
§ 171-37 Special permits.
A.
Purpose. Special permits are required for certain uses, structures or conditions, as designated in § 171-8, Table of Use Regulations. Special permit review is intended to ensure that any proposed use of land or structures will not have an adverse effect on other uses in a neighborhood or on the Town and that the use is in harmony with the intent and purpose of this chapter.
B.
Special permit granting authority. The Zoning Board of Appeals shall be the special permit granting authority unless specifically designated otherwise in this chapter.
C.
Public hearing. Special permits shall only be issued following a public hearing held within 65 days after filing an application with the special permit granting authority, a copy of which shall forthwith be given to the Town Clerk by the applicant. The special permit granting authority shall take final action on an application for special permit within 90 days following the closing of the public hearing. Failure to do so shall constitute approval. A unanimous vote of a three-member board and a vote of at least four members of a five-member board is required.
D.
Application procedures. Rules relative to the application, submittal requirements and approval of special permits may be adopted and from time to time amended by each special permit granting authority for special permits under its authority as specified in this chapter. Copies of application forms and rules and regulations are available from the special permit granting authority and are on file with the Town Clerk.
E.
Expiration. Special permits shall lapse after one year if substantial use has not commenced or if construction has not begun by such date, except for good cause. Operations under a special permit shall conform to any subsequent amendment of this chapter unless the use is commenced within a period of not less than six months after the issuance of the permit.
F.
Criteria.
(1)
Before granting a special permit, the special permit granting authority shall consider the proposed use in relation to the site and the adjacent uses and structures and the Town and shall find that there will be no significant adverse effects to the neighborhood or the Town, considering the following criteria:
(a)
The proposed project shall comply with the environmental performance standards specified in § 171-15 of this chapter and with all other provisions of this chapter.
(b)
The proposal will not create traffic congestion or impair pedestrian safety. Provisions shall be made for convenient and safe vehicular and pedestrian circulation within the site and in relation to adjacent streets, property or improvements.
(c)
The proposed project shall not create any significant emission of noise, dust, fumes, noxious gases, radiation or any other significant adverse environmental impact.
(d)
The proposed project shall not increase erosion, flooding or sedimentation, either on-site or on neighboring properties, and shall be consistent with the Massachusetts Wetlands Protection Act (MGL c. 131, § 40). Provision shall be made for minimizing runoff, erosion and sedimentation.
(e)
The proposed project shall not create a significant adverse impact to the quality of surface water or groundwater during and after construction, and provisions shall be made for maximizing groundwater recharge.
(f)
The project shall be compatible with existing uses and other uses allowed by right in the district and shall be designed to be compatible with the character and scale of neighboring properties.
(g)
The design of the project shall minimize the visibility of visually degrading elements and protect the neighboring properties from potentially detrimental or offensive uses through the use of screening or vegetated buffer zones.
(h)
The design of the project shall minimize earth removal and the volume of cut and fill. Any grade changes shall be in keeping with the general appearance of the neighborhood.
(i)
The removal of existing trees and vegetation shall be minimized. If established trees are to be removed, special attention shall be given to the planting of replacement trees.
(j)
The design of the project shall provide for adequate methods of disposal of sewage, refuse or other wastes generated by the proposed use.
(k)
The proposed use will not overload the capacity of public facilities such as water and sewer systems, storm drainage, schools and refuse disposal facilities.
(2)
When reviewing an application for a special permit, the special permit granting authority may require the submission of a statement from an independent authority qualified in addressing a specific type of environmental concern, chosen by the special permit granting authority and paid for by the applicant, indicating that the proposed structure and/or use will not constitute a detriment to the community with respect to that particular environmental concern.
(3)
In reviewing site plans submitted with a special permit application, the special permit granting authority shall consider the site plan submittal and approval requirements of § 171-17A(4) and (5) of this chapter.
(4)
In case of proposed uses which require a special permit for uses which involve hazardous material or wastes, a higher level of scrutiny will be required to ensure the future health and safety of our groundwater supplies.
[Added 5-7-1991 ATM by Art. 21]
G.
Conditions, safeguards and limitations. In granting a special permit, the special permit granting authority may, in accordance with Chapter 40A of the General Laws, impose conditions, safeguards and limitations. Such conditions, safeguards and limitations shall be in writing and may include but are not limited to the following:
(1)
Setback, side and rear yards greater than the minimum required in this chapter.
(2)
Screening of parking areas or other parts of the premises from adjoining properties or from streets by the use of walls, fences, plantings or other such devices.
(3)
Limitations of size, number of occupants, method or time of operation or extent of facilities.
(4)
Modification of the exterior design or appearance of buildings, structures, signs or landscape materials.
(5)
Additional parking, loading or traffic requirements beyond the minimum required in this chapter.
(6)
Measures to protect against environmental pollution.
(7)
A performance bond or other security to ensure that the project meets the conditions specified in the special permit.
H.
Changes, alterations and expansion. Any substantial change, alteration or expansion of a use allowed by special permit shall require a special permit from the appropriate special permit granting authority.
§ 171-38 Appeals.
The Zoning Board of Appeals may hear appeals from:
A.
Any person aggrieved because of an inability to obtain a permit or enforcement action from any administrative officer under the provisions of the Zoning Act, Chapter 40A of the Massachusetts General Laws.
B.
The Franklin Regional Council of Governments Executive Committee or the Franklin Regional Planning Board, who act as the regional planning agency.
C.
Any person, including any officer or board of the Town of Whately or of any abutting town, aggrieved by any order or decision of the Building Inspector or other administrative official which is in violation of any provision of this chapter or of the Zoning Act, Chapter 40A of the Massachusetts General Laws. Any such appeal shall be submitted to the Zoning Board of Appeals within 30 days of the date of the order or decision which is being appealed by filing a notice of appeal with the Town Clerk, in accordance with the provisions of MGL c. 40A, § 15.
§ 171-39 Variances.
A.
The Zoning Board of Appeals shall hear and decide, upon appeal or petition, requests for variances from the provisions of this chapter in respect to the particular use or dimensions of land or a structure. A variance shall be granted only where the Zoning Board of Appeals finds that:
(1)
A literal enforcement of the provisions of this chapter would involve a substantial hardship, financial or otherwise, to the petitioner or appellant.
(2)
The hardship is owing to circumstances relating to the soil conditions, shape or topography of such land or structure and especially affecting such land or structure but not affecting generally the zoning district in which it is located.
(3)
Desirable relief may be granted without either substantial detriment to the public good or nullifying or substantially derogating from the intent or purpose of this chapter.
B.
The Zoning Board of Appeals may impose conditions, safeguards and limitations, both of time and of use, including the continued existence of any particular structures, but excluding any condition, safeguard or limitation based upon the continued ownership of the land or structures to which the variance pertains by the applicant petitioner or any owner.
(1)
Applicants for a variance must submit a copy of the application to the Town Clerk. The Zoning Board of Appeals may request a site plan to aid in its review of the request for a variance.
(2)
The Zoning Board of Appeals shall hold a public hearing within 65 days of the application date.
(3)
The Zoning Board of Appeals shall act on the variance request within 75 days of the date of filing of the application.
(4)
A unanimous vote of a three-member Board is required for the granting of a variance.
§ 171-40 Amendments.
This chapter may be amended from time to time at an Annual or Special Town Meeting in accordance with the provisions of MGL c. 40A, § 5.
§ 171-41 Greater restrictions to control.
Where the application of this chapter imposes greater restrictions than those imposed by any other regulations, permits, restrictions, easements, covenants or agreements, the provisions of this chapter shall control.
§ 171-42 Severability.
The invalidity of any section or provision of this chapter shall not invalidate any other section or provision thereof.