This bylaw shall be enforced by the enforcing officer, who shall be the Building Inspector. The Building Inspector may 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 certificate of use and occupancy, institute and take any and all such action as may be necessary to enforce the provisions of this bylaw.
If the Building Inspector is requested in writing to enforce this bylaw against any person allegedly in violation of same, and he declines to act, he shall notify in writing the party requesting such enforcement of any action or refusal to act, and the reasons therefore, within fourteen (14) days of receipt of such request.
The Building Inspector shall make written biweekly reports to the Planning Board of any determination made by him under the provisions of this bylaw, with copies to the Conservation Commission.
No building or other structure shall be erected, structurally altered, added to, or moved unless a building permit has been issued. The Building Inspector shall issue no building permit except for work in conformity with the provisions of this bylaw.
No building hereafter erected, altered, or moved shall be used and no change shall be made of the use of any building or any parcel of land, except for the use of land for agriculture, horticulture, floriculture, or silviculture, unless a certificate of use and occupancy signed by the Building Inspector has been granted to the owner or occupant of such land or building.
Such certificate shall not be granted unless the proposed use of the land or building and all accessory uses comply in all respects with this bylaw, and no use shall be made of such land or building except the use or uses authorized by such certificate of use and occupancy.
Whenever any permit or certificate is refused because of some provision of this bylaw, the reason therefore shall be clearly stated in writing.
In interpreting the provisions of this bylaw relative to an application for a specific permit or certificate, the Building Inspector shall consider the provisions applicable on the date of application, except that: no permit for a building or structure for a use not previously acted upon and no Certificate of Occupancy shall be issued by the Building Inspector, if at the time of application for said permit or Certificate, there has been published by the Planning Board, as prescribed by law, notice of a public hearing to consider an amendment to this bylaw at a town meeting to be held within one hundred eighty (180) days of the date of said notice, and if the proposed building, structure or use would be in violation of said proposed amendment. (Added by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93)
Every request for a building permit shall be accompanied by a site plan of the lot, drawn to a scale of one (1) inch equals ten (10) feet or other appropriate scale as determined by the Building Inspector. The site plan need not be prepared by a professional engineer but shall be complete, accurate, neatly drawn, and shall contain as a minimum the following information:
2. Date.
3. Scale and north arrow.
4. Zoning District
5. Names of adjacent streets.
6. All existing lot lines and dimensions.
7. Locations and dimensions of all existing and proposed structures, including additions thereto.
8. Existing and proposed uses of structures and land.
9. Distances of all proposed structures or additions from lot lines.
Before a building permit may be issued, a fee shall be paid to the Town on the basis of a schedule of fees established by the Board of Selectmen in accordance with the provisions of "Section 7. Establishment of Fees" of CHAPTER IV of the General Bylaws of the Town of Ipswich. (Amended by 4/6/92 Annual Town Meeting; approved by Attorney General 6/2/92)
The Building Inspector shall serve a notice of VIOLATION AND ORDER to any person responsible for the erection, construction, reconstruction, conversion, alteration of a building or structure or change in use, or extension or displacement of use of any building, structure, sign, other structure or lot in violation of any approved plan, information, or drawing pertinent thereto; or in violation of a permit or certificate issued under the provisions of this bylaw, or in violation of this bylaw, and such order shall direct the immediate discontinuance of the unlawful action, use, or condition and the abatement of the violation. Any owner, who has been served with a notice and ceases any work or other activity, shall not leave any structure or lot in such a condition as to be a hazard or menace to the public safety, health, morals, or general welfare.
Any person who violates or refuses to comply with any of the provisions of this bylaw may, upon conviction, be fined up to the sum of three hundred (300) dollars for each offense. (Amended by 4/1/85 Annual Town Meeting; approved by Attorney General 11/13/85)
A Zoning Board of Appeals consisting of five (5) members and two (2) associate members shall be appointed as provided in Section 12 of Chapter 40A of the General Laws, as amended, which shall act on all matters within its jurisdiction under this bylaw in the manner prescribed in said section.
The Zoning Board of Appeals shall have the power to:
1 .Hear and decide appeals in accordance with Section 8 of Chapter 40A of the General Laws, as amended.
2. Hear and decide petitions for variance in accordance with Section 10 of Chapter 40A of the General Laws, as amended.
3. Hear and decide application for certain classes of special permits it is specifically empowered to decide upon by this bylaw, in accordance with Section 9 of Chapter 40A of the General Laws, as amended.
Any appeal to the Zoning Board of Appeals shall be taken in accordance with the provisions of Sections 8 and 15 of Chapter 40A of the General Laws. Written application shall be made on forms provided by the Zoning Board of Appeals and include a copy of all information submitted to the enforcing officer in the application of a permit.
The Planning Board consisting of five (5) regular members and one associate member shall be appointed as provided in Section 13 of Chapter 620 of the Acts of 1966 (The Charter of the Town of Ipswich), Chapter 41, Section 81 -A and Chapter 40A, Section 9, of the General Laws. The associate member shall be appointed by the Town Manager and shall serve for a two-year period. The chairman of the Planning Board may designate the associate member to sit for the purposes of acting on a special permit application, in the case of absence, inability to act, conflict of interest on the part of any regular member of the Board, and/or in the event of a vacancy. (Added by 10/22/90 Special Town Meeting; approved by Attorney General 1/14/91)
The Board of Selectmen may at their reasonable discretion impose as an essential condition on the issuance and/or renewal of any permit and/or license which they are authorized to issue or renew, the requirement that there are and will be during the term, or terms, of such permit and/or license no violation(s) of the Protective Zoning Bylaw conducted and/or permitted on the lot on which such permit or license is located by anyone, including, but not limited to, the Permittee or Licensee. In the event that any zoning violation(s) occurs on such lot as evidenced by the failure of compliance with any duly-served Cease and Desist Order, the Permittee or Licensee shall agree that any such violation(s) may constitute just cause for the suspension or revocation of such permit or license. Such condition may be an essential element of the issuance and continued lawful existence of any such permit and/or license. In the event that any owner of a lot on which a permit and/or license is located, or any Permittee or Licensee, aggrieved by an order or decision of the Building Inspector finding that a violation(s) of the Protective Zoning Bylaw exists on such lot is appealing the Building Inspector's order or decision in good faith to the Zoning Board of Appeals or to a court of competent jurisdiction, such order or decision shall not constitute the basis for the Board of Selectmen to refuse to renew, revoke, and/or suspend any such permit and/or license during the pendence of such good faith appeal. (Added by 10/17/92 Special Town Meeting; approved by Attorney General 1/11/93)
1. Special Permit Granting Authority. As provided in this bylaw, certain classes of special permits shall be issued by the designated special permit granting authority, which will be the Zoning Board of Appeals, the Planning Board, or the Board of Selectmen, as indicated in the Table of Use Regulations or elsewhere in this bylaw.
2. Criteria. Unless otherwise specified herein, special permits shall be granted by the special permit granting authority (SPGA) only upon its written determination that:
a. the benefit to the Town outweighs the adverse effects of the proposed use, taking into account the characteristics of the site and of the proposal in relation to that site; and
b. the petitioner's application materials include, in the SPGA's opinion, sufficiently detailed, definite, and credible information to show the project meets the intent of this bylaw.
In making this determination, the SPGA shall apply the following criteria:
(1) Social, economic or community needs which are served by the proposal;
(2) Potential fiscal impact, including impact on town services, tax base, and employment;
(3) Traffic flow and safety, including parking, loading;
(4) Adequacy of utilities and other public services;
(5) Compatibility with neighborhood character; and
(6) Impacts on the natural environment.
3. Procedures. Applications shall be filed in accordance with the rules and regulations of the special permit granting authority. The SPGA is encouraged to seek review and comment from other town agencies as part of it consideration of the special permit application.
4. Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the special permit granting authority may deem necessary to serve the purposes of this bylaw.
5. Lapse. Special permits shall lapse if a substantial use thereof or construction there under has not begun, except for good cause, within 24 months following the granting of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17) by the SPGA.
6. Regulations. The SPGA may adopt rules and regulations for the administration of this section.
7. Fees. The SPGA may adopt reasonable administrative fees and technical review fees for applications for special permits. (Special Permits section replaced in its entirety by 10/16/00 Special Town Meeting; approved by Attorney General 3/8/01)
The Zoning Board of Appeals may, in accordance with the provisions of Section 10 of Chapter 40A of the General Laws, as amended, grant upon appeal or upon petition with respect to particular land or structure a variance from the terms of this bylaw.
A variance may authorize a use or activity not otherwise permitted in the district in which the land or structure is located. Such a variance, however, shall not supersede any special permit requirements for a use or activity as indicated in the Table of Use Regulations or elsewhere in this bylaw, unless the Zoning Board of Appeals is also the SPGA and the special permit is not subject to Footnote 16 to the Table of Use Regulations. (Amended by 10/17/05 Special Town Meeting; approved by Attorney General 12/12/05)
In all cases where notice of a public hearing is required, notice shall be given in accordance with the provisions of Section 11 of Chapter 40A of the General Laws, as amended.
No appeal or application or petition for a variance or special permit which has been unfavorably and finally acted upon shall be reconsidered within two years after the date of final unfavorable action unless in accordance with specified provisions of Section 16 of Chapter 40A of the General Laws, as amended.
This bylaw may, from time to time, be changed by amendment, addition, or repeal by Town Meeting in the manner provided in Section 5 of Chapter 40A of the General Laws, and any amendments thereto.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.
The effective date of the adoption or amendment of this bylaw shall be the date on which such adoption or amendment was voted upon by the Town Meeting.
The acceptance of this bylaw includes the acceptance of Chapter 808 of the Acts of 1975 amending Chapter 40A of the General Laws of the Commonwealth of Massachusetts.
As prescribed in Section 6 of Chapter 40A of the General Laws, 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 not more than 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. Site work shall not be deemed 'commencement of construction'; the actual laying of footings and foundation is 'commencement'. (Amended by 4/3/89 Annual Town Meeting; approved by Attorney General 6/13/89)
ATTEST: A true copy of the Zoning Bylaw adopted under Article 36, Annual Town Meeting, Monday, May 02, 1977, and approved by the Attorney General August 18, 1977, as amended through April 1989. Amended by October 22, 1990 Special Town Meeting and approved by the Attorney General on January 14, 199 1. Amended by April 06, 1992 by Annual Town Meeting and approved by the Attorney General on June 2, 1992. Amended by October 17, 1992 Special Town Meeting and approved by the Attorney General January 11, 1993. Amended by October 17, 1994 Special Town Meeting and approved by the Attorney General December 6, 1994. Amended by October 23, 1995 Special Town Meeting and approved by the Attorney General January 29, 1996. Amended by October 21, 1996 Special Town Meeting and approved by the Attorney General December 9, 1996. Amended by April 7, 1997 by Annual Town Meeting and approved by the Attorney General July 2, 1997. Amended by October 20, 1997 Special Town Meeting and approved by the Attorney General February 10, 1998. Amended by April 6, 1998 by Annual Town Meeting and approved by the Attorney General June 2, 1998. Amended by April 5, 1999 Special Town Meeting and approved by the Attorney General August 2, 1999. Amended by April 5, 1999 by Annual Town Meeting and approved by the Attorney General July 28, 1999. Amended by October 18, 1999 Special Town Meeting and approved by the Attorney General January 5, 2000. Amended by October 16, 2000 Special Town Meeting and approved by the Attorney General March 8, 2001. Amended by October 15, 2001 Special Town Meeting and approved by the Attorney General February 19, 2002. Amended by Special Town Meeting October 21, 2002 and approved by the Attorney General February 3, 2003. Amended by Special Town Meeting October 20, 2003 and approved by the Attorney General January 22, 2004. Amended by Special Town Meeting October 18, 2004 and approved by the Attorney General January 27, 2005. Amended by Special Town Meeting October 17, 2005 and approved by the Attorney General December 12, 2005. Amended by Special Town Meeting October 16, 2006 and approved by the Attorney General January 4, 2007. Amended by Special Town Meeting October 15, 2007 and approved by the Attorney General January 23, 2008. Amended by Special Town Meeting October 20, 2008 and approved by the Attorney General January 28, 2009.
