Whitman City Zoning Code

Each application for a permit to build, alter or move a building shall be accompanied by three copies of a plot plan of the proposed development. This plot plan shall be drawn to a usable scale, normally not larger than one inch equals 10 feet for small proposals, or one inch equals 40 feet for large proposals. The plot plan shall include:

Any of these requirements may be waived by the Building Commissioner/Inspector of Buildings, if in his/her opinion he/she feels they are unnecessary.

For additions to existing single-family homes, or for additions to other uses which would be less than 750 square feet in area, which would not be in any required yard, the Building Commissioner/Inspector of Buildings may require only the size and shape of the lot, the existing structure and the proposed addition.

Occupancy and use of a building hereafter erected or structurally altered.

Change in use of an existing building or the use of land to a use of a different classification.

Any change in use of a nonconforming structure or use.

Appeals. To hear and decide upon appeal by any office or board of the Town, or by any person aggrieved by any order or decision of the Building Commissioner/Inspector of Buildings, or Select Board, in violation of any provision of Chapter 40A of the General Laws of the Commonwealth of Massachusetts or any amendments thereto, or any provisions of this bylaw.

Special permits. To grant a special permit for an exception as provided by sections of this bylaw. In applying for a special permit, the applicant need not demonstrate specific hardship. In granting a special permit, the Board, with due regard to the nature and condition of all adjacent structures and uses, and the district within which the same is located, shall take into consideration the fulfillment of the following general conditions in addition to other appropriate safeguards as determined by the Board of Appeals. If rights authorized by a special permit are not exercised within one year of the date of grant of such special permit, they shall lapse and may be re-established only after notice and a new public hearing.

Variances. The Board shall have the power to authorize a variance for a particular use of a parcel of land or to an existing building thereon after public hearing for which notice has been given by publication and posting as provided in Subsection F of this section and by mailing to all interested parties to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of this bylaw where the Board specifically finds that owing to circumstances relating to 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 bylaw would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and the desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially deviating from the intent of this bylaw. The Board may impose conditions, safeguards and limitations both of time and for use, including the continued existence of any particular structures but excluding any condition, safeguards or limitation based upon the continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or any owner. If rights authorized by a variance are not exercised within one year of the date of grant of such variance, they shall lapse and may be re-established only after notice and a new public hearing; 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.

The Board of Appeals shall make a decision on the appeal or petition within 100 days of filing, and on the request for a special permit within 90 days following a public hearing.

The decision of the Board of Appeals shall be filed with the Town Clerk along with detailed reasons therefor and all plans as finally approved. Copies shall be sent to the Building Commissioner/Inspector of Buildings, the Planning Board and to the applicant.

No appeal or petition from the terms of this bylaw with respect to a particular parcel of land or the building thereon and no application for a special exception to the terms of this bylaw which has been unfavorably acted upon by the Board of Appeals shall be considered on its merit by said Board within two years after the date of such unfavorable action except with the consent of all but one of the members of the Planning Board.