In this bylaw, the designations "Building Commissioner" and
"Building Inspector" are used synonymously.
(1)
Lot frontage -No building permit shall be issued to build a
new principal structure on any lot unless the lot has the minimum
required frontage on one of the following:
a.
A public way or a way which the Town Clerk certifies is maintained
and used as a public way;
b.
A way shown on a plan approved and/or endorsed in accordance
with the subdivision control law; or
c.
A way in existence prior to February 17, 1956, which has been
improved to the satisfaction of the Planning Board, with respect to
having adequate width, grades, and construction to provide for the
needs of the vehicular traffic in relation to the proposed use of
the land abutting thereon or served thereby, and for the installation
of municipal services to serve the land and buildings erected or to
be erected thereon.
(2)
Submission of plans - Applications for a building permit shall
be accompanied by a plan of the lot in duplicate, drawn to scale,
showing the actual dimensions of the lot and the exact location and
size of the buildings already existing upon the lot, and of the building
or structure to be erected, together with streets and alleys on and
adjacent to the lot. A record of the applications and plans shall
be kept on file in the office of the Building Commissioner.
(1)
Occupancy permit required - No building or structure shall be
erected, altered (if an occupancy permit is required), or changed
as to construction or use under a permit or otherwise, and no premises
shall be occupied or used without an occupancy permit signed by the
Building Commissioner. The permit shall not be issued until the building,
structure, or premises and its uses and accessory uses comply in all
respects with this bylaw. A temporary permit may be issued in appropriate
cases.
(2)
Site plan review conditions - The Building Commissioner shall not issue an occupancy permit for full or partial occupancy for projects requiring Planning Board approval until the Board provides notification in witing that the Board is satisfied that the conditions of approval of any site plan review under § 240-12.2 have been met, and that the Planning Board has received surety for the completion of specific elements to be completed within a specified time frame.
(1)
Membership - The Planning Board shall consist of seven elected
members.
(2)
Powers - The Planning Board shall act on any matter it is authorized
to do so under this bylaw. The Planning Board shall have the following
powers:
a.
To be the site plan review granting authority and special permit
granting authority where authorized by the bylaw;
b.
To initiate amendments to the Zoning Bylaw and Zoning Map. For
all proposed zoning amendments, the Board shall hold a public hearing
and make a recommendation to Town Meeting as provided for in MGL c.
40A, § 5;
c.
To review and consent to filing of any repetitive petition for
a special permit by the Planning Board, Zoning Board of Appeals, or
Board of Selectmen, before the petition may be reheard by the Board
with permit jurisdiction, or for an administrative appeal or variance
before the petition may be reheard by the Zoning Board of Appeals;
and
d.
To review any repetitive zoning bylaw or zoning map amendment
that, having been acted on unfavorably by Town Meeting, is refiled
within two years of that denial, and the Board must recommend approval
in order for Town Meeting to act on the amendment
(1)
Zoning Board of Appeals - There shall be a Zoning Board of Appeals
of five members and two associate members appointed by the Board of
Selectmen as provided in MGL c. 40A, § 12. The term of office
of each member shall be for five years with the terms so arranged
that the term of one member expires each year. Vacancies shall be
filled for unexpired terms in the same manner as in the original appointments.
The Board shall adopt rules and regulations consistent with the provisions
of this bylaw for the conduct of its business, shall file the rules
with the Town Clerk and shall make the rules available to the public.
(2)
Designation - Within this bylaw, the designations "Zoning Board
of Appeals" and "Board of Appeals" are used synonymously.
(3)
Zoning Board of Appeals powers - The Zoning Board of Appeals
shall have the following powers:
b.
To hear and decide applications for a special permit, upon which the Board is empowered to act in accordance with § 240-12.1;
d.
To delegate to the Zoning Administrator some of its powers and duties in accordance with § 240-2.3B; and
e.
To hear and decide comprehensive permit applications in accordance
with MGL c. 40A and regulations thereto.
(1)
Zoning Administrator - The Board of Appeals is authorized to
appoint a Zoning Administrator in accordance with the provisions of
MGL c. 40A, § 13. The Board of Appeals may delegate to the
Zoning Administrator some of its powers and duties by a concurring
vote of all except one member of the Board.
(2)
Zoning Administrator appeal - Any person aggrieved by a decision
or order of the Zoning Administrator, whether or not 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 the decision of the Zoning Administrator has been filed with
the Town Clerk. Any appeal, application, or petition filed with the
Zoning Administrator where no decision has been issued within 35 days
from the date of filing shall be deemed denied and shall be subject
to an appeal to the Board of Appeals as provided in MGL c. 40A, § 8.
(1)
Enforcement responsibility - The Building Commissioner shall
be responsible for the enforcement of this bylaw. The Commissioner
shall withhold a permit for the construction, alteration, or moving
of any building or structure if the building or structure, as constructed,
altered, or moved, would be in violation of this bylaw. No permit
shall be granted for a new use of a building, structure, or land,
or the changes of use, where that use would be in violation of this
bylaw. Where a permit or variance may be granted with conditions,
those conditions shall be imposed and made part of the record.
(2)
Enforcement request - If the Building Commissioner is requested
in writing to enforce this bylaw against any person allegedly in violation
of the Bylaw and declines to act, the Commissioner shall notify, in
writing, the party requesting the enforcement of any action or refusal
to act and the reasons therefor within 14 days of receipt of the request.
(1)
Monetary fine - Any person violating any of the provisions of
the Bylaw, including the failure to obtain any required permit, any
of the conditions under which any permit was issued, or any decision
rendered by the Zoning Board of Appeals, or any special permit granting
authority, shall be fined not more than $300 for each offense. Each
day that the violation continues shall constitute a separate offense.
(2)
Noncriminal disposition - In addition to the foregoing, the Building Commissioner or designee may penalize a violation by using the noncriminal disposition method of enforcement as provided for in the Falmouth Town Code, Chapter 1, General Provisions; Article 1, Penalties, § 1-2, and MGL c. 40, § 21D.
