[1]
Editor's Note: The section numbers in this
§ 350-4 were changed 2-1-2001.
A.
The provisions of this chapter shall be interpreted
to be the minimum requirements adopted for the promotion of the health,
safety, morals, or the general welfare of the City of Northampton,
Massachusetts, and except for Chapter 44, Zoning Ordinance, of the
Revised Ordinances of the City of Northampton, Massachusetts, 1959,
and all subsequent amendments thereto, the provisions of this chapter
are not intended to repeal, amend, abrogate, annul, or in any way
impair or interfere with any lawfully adopted ordinance, covenants,
regulations, or rules. Whenever the regulations made under the authority
hereof differ from those prescribed by any statute, ordinance, or
other regulations, that provision which imposes the greater restriction
or the higher standard shall govern.
B.
Except as herein provided, any existing conforming
use, structure, or lot shall not by any action become nonconforming,
and any existing nonconforming use, structure, or lot shall not become
further nonconforming.
This chapter shall not apply to existing buildings
or structures, nor to the existing use of any building or structure
or of land, to the extent to which it is legally used at the time
of adoption of this chapter, but it shall apply to any change of use
(and ownership in the case of commonly owned land) thereof and to
any alteration of a building or structure when the same would amount
to reconstruction, extension or structural change, and to any alteration
of a building or structure to provide for its use for a purpose or
in a manner substantially different from the use to which it was put
before alteration, or for its use for the same purpose to a substantially
greater extent.
It shall be the duty of the Building Commissioner
to administer and enforce the provisions of this chapter.
A.
It shall be unlawful for any owner or person to erect,
construct, reconstruct, or alter a structure or change the use or
lot coverage, increase the intensity of use, or extend or displace
the use of any building or other structure or lot without applying
for and receiving from the Building Commissioner a zoning permit therefor.
For purposes of administration, such permit and application procedure
involving a structure may be made at the same time and combined with
the permit required under the Building Code.[1] Zoning permits shall be valid for six months after their
issuance, but shall not provide any vesting in the event of zoning
or other regulatory changes.
B.
Any application for a zoning permit shall be submitted,
accompanied by such information as may be necessary to provide for
the execution and enforcement of this chapter. A record of all application,
plans, and permits shall be kept on file by the Building Commissioner.
The Building Commissioner shall take action in writing on an application
for a permit, either granting the permit or disapproving the application,
within 30 days of receipt of the application. The issuance of a zoning
permit does not relieve an applicant or owner of the responsibility
to obtain all required zoning and nonzoning permits.
It shall be unlawful to use or occupy any structure
or lot thereafter erected or altered unless the Building Commissioner
has issued a certificate of use and occupancy and has specified thereon
the use to which the structure or lot may be put. Applications for
certificates of use and occupancy shall be filed coincident with the
application for permits and shall be issued or refused in writing
for cause within 10 days after the Building Commissioner has been
notified in writing that the erection or alteration of such buildings
has been completed. A record of all certificates shall be kept on
file in the office of the Building Commissioner. Buildings accessory
to dwellings when completed at the same time shall not require a separate
certificate of occupancy. Pending the issuance of a regular certificate,
a temporary certificate may be issued for a period not exceeding six
months, during the completion of alterations or during partial occupancy
of a building, pending its completion. No temporary certificate shall
be issued prior to its completion if the building fails to meet the
requirements of applicable building ordinances and state laws or this
chapter to such a degree as to render it unsafe for the occupancy
proposed. In situations where, in the opinion of the Building Commissioner,
a single structure or group of related structures may not be issued
a certificate of occupancy because not all of the spaces within the
structure(s) are yet completed, he may issue a single certificate
of occupancy which specifies certain areas as not being included.
Such areas will be required to have a separate certificate of occupancy
prior to their use and occupancy.
Fees shall be established by the Mayor and the
City Council, but shall exempt municipal buildings from the requirements
for payment of fees.
A special permit, site plan or finding granted under this chapter
shall lapse if not exercised within 36 months, except for good cause,
from the effective date of the permit, which is the expiration of
any appeal period extended by any litigation related to the project.
The Building Commissioner shall determine if the use or construction
has been exercised based upon a determination of whether substantial
construction has begun, and has not been otherwise halted indefinitely,
except for good cause, by such date. This section shall become effective
upon enactment by the Mayor for all valid permits issued that are
currently within the two-year tolling period which will automatically
extend to the three-year window and all subsequent permits.
A.
The Building Commissioner shall serve a notice of
violation and order to any owner or person responsible for the erection,
construction, reconstruction, completion, conversion, or alteration
of a structure or change in use, increase in intensity of use or extension
or displacement of use of any structure or lot in violation of a permit
or certificate issued under the provisions of this chapter, or in
violation of any provision of this chapter, and such order shall direct
the discontinuance of the unlawful action, use or condition and the
abatement of the violation within a time to be specified by the Building
Commissioner. Any owner, who having been served with a notice, and
who ceases any work or other activity, or who fails to complete the
structure, shall not leave any structure or lot in such conditions
as to be a hazard or menace to the public safety, health, morals or
general welfare.
B.
If the Building Commissioner is requesting in writing
to enforce the ordinance against any person allegedly in violation
of the same and declines to act, 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 such request.
If the notice of violation and order is not
complied with promptly, the Building Commissioner, upon written request
to the City Solicitor, shall have available the services of the City
Solicitor in instituting the appropriate action or proceeding at law
or in equity to prevent any unlawful action, use or condition and
to restrain, correct or abate such violation. If the Building Commissioner
shall refuse or fail to so request the services of the City Solicitor,
the City Council may require him to do so. Delay by the Building Commissioner
in instituting said proceedings shall not be imputed to the City of
Northampton. Penalties for violations 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 allowed to continue shall constitute
a separate offense.
A.
Membership. There shall be a Zoning Board of Appeals
of three members and two associate members, appointed as provided
in Chapter 40A of the Massachusetts General Laws.
B.
Powers. The Board of Appeals shall have the following
powers:
(1)
To hear and decide appeals, as provided in Chapter 40A of the Massachusetts General Laws. (See Subsection C below.)
(2)
To hear and decide applications for special permits, as provided in Chapter 40A of the Massachusetts General Laws. (See § 350-10.1.)
(3)
To authorize upon appeal, or upon petition in cases where a particular use is sought for which no permit is required, with respect to a particular parcel of land or to an existing building thereon, a variance from the terms of this chapter, as provided in Chapter 40A of the Massachusetts General Laws. (See Subsection C below)
C.
Variances and appeals. Applications for variances
and appeals shall be heard by the Zoning Board of Appeals subject
to the provisions of Chapter 40A of the Massachusetts General Laws.
A variance which has the effect of allowing a use not specifically
permitted for the district in question under the Table of Use Regulations
("use variance") may be permitted, subject to the provisions of said
Chapter 40A.
D.
Time limitations. No appeal or petition for a variance
from the terms of this chapter with respect to a particular parcel
of land or the building thereon, and no application for a special
permit which has been unfavorably acted upon shall be again considered
within two years after the date of such unfavorable action, except
as provided in Chapter 40A of the Massachusetts General Laws.
E.
Zoning Administrator. The Board of Appeals, subject
to confirmation by the City Council, may appoint a Zoning Administrator.
The Board of Appeals may delegate to said Zoning Administrator some
of its powers and duties by a concurring vote of all members of the
Board of Appeals consisting of three members. Any person aggrieved
by a decision or order of the Zoning Administrator, whether or not
previously a party to the proceeding, or any municipal office or board,
may appeal to the Board of Appeals, as provided in MGL c. 40A, § 14,
within 30 days after decision of the Zoning Administrator has been
filed in the office of the City Clerk. Any appeal, application, or
petition filed with said Zoning Administrator for which no decision
has been issued within 35 days from the date of filing shall be deemed
denied and shall be subject to appeal to the Board of Appeals as provided
in MGL c. 40A, § 8.
A.
No variance or special permit, or any extension, modification
or renewal thereof, shall take effect until a copy of the decision
bearing the certification of the City Clerk that 20 days have elapsed
after the decision has been filed in the office of the City Clerk
and no appeal has been filed or that if such appeal has been filed,
that it has been dismissed or denied, is recorded in the Hampshire
County Registry of Deeds.
B.
No work, including excavating or earth removal and
on-site grading, with regard to a specific project for which a special
permit or variance has been applied for, may be undertaken until said
special permit or variance has been granted and all applicable appeal
periods have expired.
Any extensions, modifications or renewals of
a special permit or variance shall follow the same procedures as are
required for the original granting of a special permit or variance.
