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2.1 Enforcement
This By-law shall be enforced by the Zoning Enforcement Officer, who
may be the Building Inspector. The Zoning Enforcement Officer shall be
appointed annually by the Board of Selectmen and shall serve under their
authority and supervision.
No permit or license shall be granted for a building, structure, or land
which use is in violation of this Bylaw. If the Zoning Enforcement Officer
is requested in writing to enforce this By-law against any person allegedly
in violation of the same, and s/he declines to act, s/he shall notify
in writing, the party requesting enforcement of any action or refusal
to act, and the reason therefore, within fourteen (14) days of receipt
of such request.
2.2 Violations/Penalties
Any person violating any provision of this By-law may be fined not more
than 100 hundred dollars ($100) per violation. Each day such violation
continues shall constitute a separate offense.
2.3 Six Month Rule
Construction or operations under a building permit of special permit
authorized by this By-law shall conform to any subsequent amendment
of this By-law unless the use or construction is commenced within a
period of not more than six (6) months after the issuance of the building
permit or the special permit, and unless the construction is continued
to completion as continuously and expeditiously as reasonable.
2.4 Board of Appeals
There is hereby established a Board of Appeals of three (3) members
and two (2) associate members to be appointed by the Selectmen as provided
in Chapter 40A of the General Laws. The Board of Appeals shall act on
all matters within its jurisdiction under this By-law in the manner
prescribed in Chapter 40A of the General Laws. No Selectman shall be
eligible to serve as a member of the Board of Appeals. No member of
the Board of Appeals shall take part in any case which he or any member
of his family has a personal or financial interest, as associate member
being designated to act in such cases by the Chairman of the Board of
Appeals.
The Board shall elect annually a chairman and a clerk from its members,
and may, subject to appropriation and the availability of funds, employ
experts and clerical assistants.
The Board of Appeals shall have the following powers:
2.4.1 Rules
The Board shall adopt rules, consistent with this By-law and with Chapter
40A of the General Laws, for the conduct of business and shall file
a copy with the Town Clerk.
2.4.2 Appeals
The Board shall hear and decide an appeal taken by any person aggrieved
by reason of his inability to obtain a permit from any administrative
official under the provisions of Chapter 40A, General Laws, or by any
officer or board of the Town, or by any person aggrieved by any order
or decision of the Building Inspector or other administrative official
in violation of any provision of Chapter 40A, General Laws, or of this
Bylaw.
2.4.3 Variances
The Board shall 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 By-law where owing to conditions especially
affecting such parcel; or such building but not affecting generally
the zoning district in which it is located, a literal enforcement of
the provisions of this By-law would involve substantial hardship to
the appellant and where desirable relief may be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent or purpose of the By-law, but not otherwise.
No variance may be authorized for a use or activity not otherwise permitted
in the zoning district in which the land or structure is located. If
the rights authorized by a variance are not exercised within one year
of the date of the grant of such variance, they shall lapse.
2.4.4 Special Permits
Except as may be provided otherwise, the Zoning Board of Appeals shall
be the special permit granting authority (SPGA) under this By-law.
2.4.5 Comprehensive Permits
The Board of Appeals shall hear and decide single applications to build
housing submitted under the authority of Chapter 40B of the General
Laws.
2.4.6 Subdivision Control Law
The Board of Appeals shall have jurisdiction and authority as the Board
of Appeals provided under Chapter 41 of the General Laws (Subdivision
Control Law).
2.4.7 Zoning Administrator
A Zoning Administrator may be appointed by the Board of Appeals, subject
to confirmation by the Board of Selectmen, to serve at the pleasure
of the Board of Appeals pursuant to such qualifications as may be established
by the Board of Selectmen. The Board of Appeals may delegate to said
Zoning Administrator some of its powers and duties of all members of
the Board of Appeals consisting of three members, and a concurring vote
to all except one member of a board consisting of five 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
Section 14, Chapter 40A of the General Laws, within thirty (30) days
after the decision of the Zoning Administrator has been filed in the
office of the Town Clerk. Any appeal, application or petition filed
with said Zoning Administrator as to which no decision has been issued
within thirty-five (35) days from date of filing shall be deemed denied
and shall be subject to appeal to the Board of Appeals as provided in
Section 8, Chapter 40A of the General Laws.
2.5 Judicial Appeals
Any person aggrieved by the decision of the Board of Appeals or Special
Permit Granting Authority may appeal to the Court by bringing an action
within twenty (20) days after the decision has been filed in the office
of the Town Clerk.
2.6 Public Hearing and Notice
In the case of every appeal made to the Board of Appeals and of every
application for permit or variance made to it under the provisions of
this By-law, the Board of Appeals or other SPGA shall hold a public
hearing to consider the appeal or application in question and shall
cause a notice thereof to be published in a newspaper in general circulation
in Plympton once in each of two (2) successive weeks, the first publication
to be not less than fourteen (14) days before the date set for hearing
and on the bulletin board of the Town House and shall cause a copy of
the notice to be sent by mail, postage prepaid to all abutting land
owners as shown by the latest records of the Assessors of the Town of
Plympton and to the Plympton Planning Board and to every other person
or persons who, in the opinion of the Board of Appeals, may be interested
in said application or appeal. All expenses involved shall be paid by
the applicant.
2.7 Amendment to Zoning By-law
This By-law may be amended from time to time at any annual or special
town meeting in accord with the provisions of General Laws, Chapter
40A, Section 5.
2.8 Validity
The invalidity of any section or provision of this By-law shall not
invalidate any other section or provision thereof. This Zoning By-law
shall not interfere with or annul any other By-law, or regulation in
effect in the Town of Plympton upon its adoption.
2.9 Effective Date
So much of this Zoning By-law as is approved by the Attorney General
shall take effect as of the date of enactment by the Town Meeting, except
as is otherwise provided by MGL Chapter 40, Section 32.
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