A.
New, reconstructed, altered or moved buildings. Before
undertaking construction, reconstruction in excess of $500, or removal
of a building site within Lancaster, the owner must secure a building
permit from the Building Inspector.
B.
Validity of prior permits. Any building or special
permit lawfully issued prior to the first publication of notice of
the public hearing on a relevant amendment to this bylaw shall be
valid provided construction is begun within six months of issue and
continued in good faith.
C.
Temporary structures. Temporary structures may be
authorized by the Building Inspector for a period not to exceed six
months or subject to conditions and time limits designed to protect
the district.
D.
Form of application.
(1)
Applications for building permits shall be accompanied
by a plan of the lot in duplicate, with sufficient information thereon
to allow the Building Inspector to determine whether the proposed
use and structure comply fully with this bylaw. Such information shall
include as a minimum:
(a)
Proposed use of the building and land;
(b)
Location of the lot and of proposed entrances
thereto;
(c)
Rights-of-way and easement on or adjoining the
lot;
(d)
Placement of all buildings on the lot;
(e)
Area of lot and area of each existing and proposed
building;
(f)
Number of stories and height of all buildings;
(g)
Provision for parking and loading spaces where
applicable;
(h)
Such additional information as the Inspector
may request, including certification by a registered land surveyor.
(2)
The drawings shall be at the scale and in the form
required by the Inspector.
E.
Building permit. A building permit shall not be issued
by the Building Inspector until the front two lots' bounds have been
permanently set in proper locations by a registered land surveyor.
Before occupying a new building, or changing
the use of part or all of an existing building, or increasing the
number of dwelling units on the lot, or using a lot now vacant or
used for agriculture for any other purpose, or changing the use of
a lot from one nonagricultural purpose to another, the owner must
secure an occupancy permit from the Building Inspector.
[Amended 10-24-2000]
Where the proposed use of land or buildings is one classified in Article III or elsewhere as allowable only by special permit, the owner shall secure a special permit from the Board of Appeals or other designated special permit granting authority before applying for building and occupancy permits. A special permit shall lapse if not exercised within two years as provided in MGL c. 40A, § 9.
[Amended 10-24-2000]
If an owner expects to be or is denied a permit
necessary under this bylaw, he may take the following actions as appropriate.
A.
Appeal. If the denial of a permit is believed to be
due to an error in the interpretation of this bylaw, the owner may,
within 30 days of such denial, file a notice of appeal with the Town
Clerk, for transmittal to the Board of Appeals.
B.
Variance: application and duration. If the owner believes
that literal application of this bylaw will cause a hardship unique
to his property, he may, before or after application for a building
permit; file an application for a variance with the Town Clerk for
transmittal to the Board of Appeals. If the rights authorized by a
variance are not exercised within one year of the date of granting,
they shall lapse.
C.
Court appeal. Any person or any municipal officer
or board aggrieved by a decision of a municipal officer or board may,
in accordance with MGL c. 40A, § 17, appeal to the appropriate
court within 20 days after the decision has been filed with the Town
Clerk.
A.
Submittal of proposed amendment. If any person believes
that the text or map of this bylaw should be changed, he may submit
an amendment to the bylaw to be passed on at a Town Meeting. Such
Warrant article may be submitted to the Select Board by the owner
of land to be affected, or by a petition signed by 10 registered voters
of the Town for action at an Annual Town Meeting, or by 100 such signatures
for action at a Special Town Meeting, or otherwise as provided by
MGL c. 40A, § 5. The petitioners should consult the Select
Board as to the time and form of the submittal.
B.
Notification of nonresidents. Any nonresident owner
of land in Lancaster may request notices of all public hearings under
this bylaw and of zoning boundary or use changes affecting his property
in the manner provided in MGL c. 40A, § 5.
A.
Repetitive petitions. As provided in MGL c. 40A, § 16,
no appeal, application or petition that has been unfavorably acted
upon by a special permit granting authority shall be favorably acted
upon within two years of denial unless:
[Amended 10-24-2000]
(1)
Notice is given to parties in interest of the time
and place of relevant proceedings, and
(2)
The special permit granting authority finds, by a
vote of four of its five members, specific and material changes in
the conditions upon which the previous unfavorable action was based
and notes such changes in its proceedings, and
(3)
Four of the five members of the Planning Board consent
thereto in the case of permits acted upon by the Board of Appeals.
B.
Repetitive amendments. No proposed zoning bylaw which
has been unfavorably acted upon by Town Meeting shall be considered
within two years of such action unless its adoption is recommended
in the final report of the Planning Board.