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Whitman City Zoning Code

ARTICLE XII

Administration and Enforcement

§ 240-12.1 Administration officer; duties.

This bylaw shall be administered by the Building Commissioner/Inspector of Buildings except as otherwise stipulated in this bylaw or in Chapter 40A of the General Laws. Duties of the Building Commissioner/Inspector of Buildings under this bylaw shall include the receiving of applications, issuing building and use permits, inspection of premises, issuing certificates of occupancy, action on violations and any other lawful actions necessary to assure conformance with this bylaw.

§ 240-12.2 Permits.

A. 
It shall be unlawful for any person to erect, construct, reconstruct or alter a structure without applying for and receiving from the Building Commissioner/Inspector of Buildings a building permit.
B. 
Such permits shall be applied for in writing to the Building Commissioner/Inspector of Buildings. The Building Commissioner/Inspector of Buildings shall not issue any such permits unless the plans for the buildings, and the intended use thereof, in all respects fulfill the provisions of this bylaw, except as may have been specifically permitted otherwise by action of the Board of Appeals, provided a written copy of the terms governing any such permission be attached to the application and to the resulting permit issued. One copy of each permit issued, including any conditions or exceptions attached thereto, shall be kept on file in the Office of the Building Commissioner/Inspector of Buildings; one copy sent to the applicant; and one copy sent to the Board of Assessors.
C. 
Permit application contents.
(1) 
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:
(a) 
Actual size and shape of lot and structures, including foundation tops;
(b) 
Dimensions, areas and location of sewage disposal systems;
(c) 
Abutting streets and ways, including approved street grades;
(d) 
Existing sanitary sewers, storm drains and water pipes in any street shown;
(e) 
Location of existing buildings on adjacent lots;
(f) 
Existing conditions and features of the proposed lot, including contours at two-foot intervals;
(g) 
Parking, screening, landscaping and other site elements required under this bylaw;
(h) 
Proposed finish grading at two-foot contour intervals, and all provisions for drainage affecting the site or adjacent properties;
(i) 
Such other information as the Building Commissioner/Inspector of Buildings may reasonably require, including a plan of the entire subdivision in the case of single-family homes.
(2) 
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.
(3) 
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.
D. 
Construction or operations under a building or special permit shall conform to any subsequent amendment of the 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.

§ 240-12.3 Certificates of occupancy.

A. 
It shall be unlawful to occupy any structure or lot for which a building or use permit is required herein without the owner applying for and receiving from the Building Commissioner/Inspector of Buildings a certificate of occupancy.
B. 
The certificate of occupancy shall state that the building and use comply with the provisions of the Zoning Bylaw and of the Building Code in effect at the time of issuance. The Building Commissioner/Inspector of Buildings shall consult with the Board of Health or its designated agent prior to issuing said certificate and, in the case of structures in a subdivision undergoing development, with the Planning Board.
C. 
A certificate of occupancy shall be required for any of the following in conformity with the Building Code and this bylaw:
(1) 
Occupancy and use of a building hereafter erected or structurally altered.
(2) 
Change in use of an existing building or the use of land to a use of a different classification.
(3) 
Any change in use of a nonconforming structure or use.

§ 240-12.4 Permit and certificate fees.

[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 5-6-2024]
The Select Board, with recommendations from the Building Commissioner/Inspector of Buildings, shall have the authority, from time to time as circumstances indicate, to determine and set reasonable fees for building permits, sign permits, occupancy permits or other fees required by the State Building Codes or Town of Whitman bylaws.

§ 240-12.5 Enforcement.

A. 
This bylaw shall be enforced by the Building Commissioner/Inspector of Buildings or other enforcing officer designated by the Select Board, who shall grant no permit for the construction, alteration, relocation, occupancy or use of any building, structure or premises in violation of any provision of this bylaw. Whenever any permit or license is refused because of some provision of this bylaw, the reason therefor shall be clearly stated in writing.
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 5-6-2024]
B. 
The enforcing officer shall institute appropriate legal proceedings to enforce the provisions of this bylaw or to restrain by injunction any violation thereof, or both, and shall do all further acts, revoke the permit for occupancy, institute and take any and all such action as may be necessary to enforce the provisions of this bylaw.

§ 240-12.6 Violations and penalties.

Penalties for violations of any provision of this bylaw may, upon conviction, be affixed in an amount not to exceed $300 for each offense. Each day, or portion of a day, that any violation is continued shall constitute a separate offense.

§ 240-12.7 Board of Appeals.

A. 
Membership. There shall be a Board of Appeals of five members and three associate members.
B. 
Appointment. Members of the Board in office at the effective date of this bylaw shall continue in office. Hereafter, as terms expire or vacancies occur, the Select Board shall make appointments pursuant to the Zoning Act. All members of said Board shall be residents of the Town.
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 5-6-2024]
C. 
Rules. The Board shall adopt rules to govern its proceedings pursuant to Chapters 40A and 40B of the General Laws. Such rules shall be public and a copy of same shall be filed with the Town Clerk.
D. 
Site plan requirements. Refer to Article VII, §§ 240-7.1 and 240-7.2, for site plan requirements for special permits and variances.
E. 
Powers. The Board of Appeals shall have the following powers:
(1) 
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.
[Amended 5-6-2024 ATM by Art. 41, AG approved 7-22-2024, eff. 5-6-2024]
(2) 
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.
(a) 
The use requested is listed in Table of Use Regulations as a special permit in the district for which application is made.
(b) 
The requested use will not overload any public water or drainage system or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the Town will be unduly subjected to hazards affecting health, safety, or the general welfare.
(c) 
Any special regulations for the use set forth in Article VII are fulfilled.
(d) 
The requested use is essential or desirable to the public convenience or welfare.
(e) 
In case of conflict, MGL c. 40A, § 9 shall govern.
(3) 
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.
F. 
Public hearings. Within 65 days of receipt of an appeal or petition, or a request for a special permit, the Board of Appeals shall hold a hearing, giving notice thereof in a newspaper of general circulation in the Town once in each of two successive weeks, the first publication being not less than 14 days before the hearing, and by mailing a copy of such advertisements to the applicant and to each owner as appearing on the most recent tax list of land directly opposite on any public or private street or way and owners of land within 300 feet of the property lines.
G. 
Decisions.
(1) 
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.
(2) 
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.
(3) 
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.

§ 240-12.8 Validity.

A. 
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.
B. 
When this bylaw imposes a greater restriction on the use of buildings, structures or premises, or on height of buildings, or requires larger yards or open spaces than are imposed or required by any regulations or permits, or by any restrictions, easements, covenants or agreements, the provisions of this bylaw shall control.