Administration and enforcement of zoning ordinance
The provisions of this ordinance shall be enforced by the building inspector, unless otherwise specified. No application, building or zoning permit, plan, specification or intended use which is not in accordance with the provisions of this ordinance shall be approved by the building inspector.
22.1 The building inspector shall:
22.1.1 Review and approve for zoning compliance, building permits and certificates of occupancy.
22.1.2 Collect required fees in connection with applications under the building inspector's jurisdiction.
22.1.3 Receive and review for proper form, all applications for zoning, building and occupancy permits.
22.1.4 Transmit all applications to the zoning board of review, or planning board as specified in the ordinance.
22.1.5 Keep records on compliance of uses of land.
22.1.6 Inspect suspected violations and issue violation notices in cooperation with the town solicitor.
22.1.7 Perform other such duties as may be deemed to implement the enforcement of this ordinance.
22.2 Upon written request the building inspector shall, in order to provide guidance or clarification, issue a zoning certificate or provide information to a requesting party as to the determination by the building inspector on issues of compliance, applicability and interpretation of this ordinance. This response shall be issued within 20 days of receipt of the written request. In the event that no written response is provided within such time, the requesting party shall have the right to appeal to the zoning board of review for such determination.
22.3 When in the opinion of the building inspector it is necessary or when required by this ordinance, the building inspector shall seek technical assistance or approval from other town officials in the administration of this ordinance. Such technical assistance or approval, unless otherwise specified, may suffice in whole or in part as the basis for the approval or disapproval of a zoning permit. Any permit or license issued in conflict with the provisions of this ordinance shall be deemed null and void.
22.4 Reserved.
22.5 Minimum qualifications for the building inspector shall include: The building inspector shall have had at least five years' experience in construction, design, or supervision. The building inspector shall be generally informed on the quality and strength of building materials, on the accepted requirements for safe exit facilities and on other items of equipment essential for the safety and comfort of occupants.
22.6 Building permit.
22.6.1 No building or structure shall be erected, extended, altered, enlarged or moved, and no use of any land or premises shall be begun or changed without a building permit having been issued by the building inspector. A permit or license issued by any other department of the town shall be in conformity with the provisions of this ordinance. Any application for such a permit shall be accompanied by a site plan, accurately drawn, showing the actual shape and dimensions of the lot or premises to be built upon; the exact location and size of all buildings or structures to be erected, constructed, reconstructed, altered or enlarged together with the lines within which all buildings or structures are to be erected, constructed, reconstructed, altered or enlarged; the existing or intended use of such building or structure; the location of all zoning district boundary lines as they may affect the lot or premises; the location and size of off-street parking and loading facilities where required, the location and design of trash storage areas and enclosures, including dumpsters, and other information as may be necessary to provide the execution and enforcement of this ordinance. The building permit shall be issued on the basis of the application and accompanying plans, where required, and shall authorize only the use arrangement and construction set forth in approved plans and applications. Any use, arrangement or construction not complying with that authorized under this ordinance shall be deemed in violation.
22.6.2 No site plan shall be required with an application for such a permit involving only alterations of an existing building where the use and exterior surfaces of such buildings are not changed or enlarged in any manner and the use is not affected by any other section of this ordinance.
22.6.3 A record of the applications, plans and permits shall be kept on file in the office of the building inspector and shall be available for public inspection during regular office hours.
22.6.4 In addition, the building inspector may require the submission of plans of any proposed machinery, operations and products and specifications for the mechanisms and techniques to be used for the purpose of restricting the emission of dangerous and objectionable elements referred to in this ordinance. An affidavit may be required from the applicant acknowledging his understanding of the applicable performance standards and his agreement to conform with such standards at all times. No applicant will be required to divulge confidential processes, and all information submitted will be treated confidentially if requested.
22.6.5 In areas of special flood hazard as delineated on the flood maps, a permit shall be required for any land preparation, excavation, grading, filling or removal of earth for any purpose.
22.7 Occupancy permit.
22.7.1 An occupancy permit shall be required for any of the following:
22.7.1.1 Occupancy and use of a building or structure hereafter erected, extended, altered, enlarged or moved;
22.7.1.2 Change in use of an existing building, structure or premises to a use of a different classification;
22.7.1.3 Occupancy and use of vacant land except for farming;
22.7.1.4 Change in use of land to a use of a different classification other than farming;
22.7.1.5 Any change in use of a nonconforming use.
22.7.2 No such occupancy, use or change of use shall take place without the issuance of an occupancy permit approved by the building inspector. The permit shall not be issued until the building, structure, premises or land, its uses and the uses incidental thereto have been inspected and approved by the building inspector and, if required, a business registration certificate has been secured from the town clerk's office. A record of all occupancy permits shall be kept on file in the office of the building inspector and shall be available for public inspection during regular office hours.
22.8 Conflict/construal [interpretation] with other laws.
22.8.1 This chapter [section] shall not repeal, annul or impair any existing provisions of law, other ordinances or any rules or regulations previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises. However, wherever the terms of this ordinance require a greater width or size of yards of other open spaces, a lower height of building or less number of stories or a greater percentage of lots to be left unoccupied or impose other greater standards than are required in any other statute, ordinance or regulation, the provision of this ordinance shall govern. Wherever the provisions of any other statute, ordinance or regulation require a greater width or size of yards, courts or other open spaces, a lower height of building or lesser number of stories, or a greater percentage of lots to be left unoccupied or impose other high standards than are required in this ordinance, the provisions of such statute, ordinance or regulation shall govern.
22.8.2 All variances and special use permits heretofore granted by the zoning board of review, shall remain in full force and effect, and all terms, conditions and obligations imposed by the board shall remain in effect and be binding to the same extent as if this ordinance had not been enacted. All violations of previous provisions shall be punishable as if they had not been repealed and shall remain in effect insofar as required for the initiation of any proceedings against such violations and/or the prosecution of any violations heretofore commenced.
(Ord. No. 2024-5, 6-18-2024; Ord. No. 2025-9, 9-16-2025)