ARTICLE TWO: ADMINISTRATION
This By-Law shall be enforced by the Inspector of Buildings (amended A.T.M. 5/16/94). No building shall be built or altered or a building begun or changed without a permit having been issued by the Inspector of Buildings.
No building other than a dwelling shall be occupied until a certificate of occupancy has been issued by the Inspector of Buildings.
Any person violating any of the provisions of this By-Law may be fined $100.00 for the first offense, $200.00 for the second offense and $300.00 for each offense thereafter. Each day that a violation exists shall be deemed to be a separate offense. Alternatively, any person violating any of the provisions of this By-law may be penalized by means of non-criminal disposition as provided in General Laws, Chapter 40, Section 21D. Penalties shall be $100.00 for the first offense, $200.00 for the second offense and $300.00 for each offense thereafter. Each day that a violation exists shall be deemed to be a separate offense. Nothing in this By-law shall prohibit the zoning enforcement officer, in his or her discretion, from seeking injunctive relief as a remedy in accordance with applicable law. (by-law amended at A.T.M., 05/15/06)
The construction of a building or operation of a land use under a building permit or a special permit shall conform to any subsequent amendment to this By-Law adopted after the issuances of the permit or special permit unless construction or operation commences within a six month period beginning with the issuance of the building or special permit.
2.2 BOARD OF APPEALS
The Selectmen shall appoint a Board of Appeals consisting of three members serving staggered terms, such that one member’s term shall expire each year. Members of the Board of Appeals currently in office shall continue to serve out their terms. The Board of Appeals shall exercise the powers of the permit granting authority and of the special permit granting authority, except for matters for which a different special permit granting authority may be designated by this By-Law, and shall have the powers and duties specified in MGL Chapter 40A.
The Board of Appeals shall adopt and file with the Town Clerk rules of procedure, as required by said Chapter 40A, and shall follow the procedural requirements of said Chapter 40A, including, but not limited to the receipt of applications, hearing notices, public hearings, referral to other agencies and filing of decisions. The Board of Appeals shall establish and may from time to time amend by vote a schedule of fees, which shall be incorporated into its rules of procedure. The Selectmen may designate five* associate members of the Board of Appeals for staggered five-year* terms, and such associate members may be designated by the chairman of the Board of Appeals to serve in place of a regular member who is unable to participate due to illness or other causes. (* amended 11/18/85 S.T.M.)
2.3 POWERS OF THE BOARD OF APPEALS
The Board of Appeals shall have the following powers:
(1). To hear and decide an appeal taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from the Inspector of Buildings or other administrative officers under the provisions of Chapter 40A General Laws, by the regional planning agency or any person, including an officer or official board of the Town of Raynham, or an abutting city or town aggrieved by an order or decision of the inspector of buildings or other administrative official in violation of Chapter 40A General Laws or of this By-Law.
(2). To hear and decide applications for special permits upon which the board is empowered to act under Article Seven of this By-Law.
(3). To hear and decide petitions for variances, and to authorize upon appeal or upon petition with respect to particular land or structures a variance from the terms of this zoning By-Law where the board specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the ordinance or by-law would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this By-Law. The Board shall not have the power to grant a use variance (amended Special Town Meeting 2/12/90).
2.4 PUBLIC HEARING
The Board of Appeals shall exercise the powers authorized by the preceding section only after public hearings held in conformity with the provisions of Chapter 40A including due notice to parties in interest, the petitioner, abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within three hundred feet of the property line of the petitioner as shown on the most recent applicable tax list (including any such owner of property in another city or town), the Planning Board of the Town of Raynham, and the Planning Boards of the City of Taunton and the Towns of Lakeville, Middleborough, Bridgewater, West Bridgewater and Easton.
The procedure for the issuance of special permits, including applications notices, public hearing, referral to the Planning Board and other town bodies, filing of decisions and other procedural requirements shall be as provided in Chapter 40A of General Laws and in the rules to be adopted by the special permit granting authority and filed with the Town Clerk in accordance with said Chapter 40A.