ARTICLE XX - ADMINISTRATION

Section 2001.Penalties and Enforcement.

1. Penalties.Any person violating any provisions of this Zoning Ordinance, any of the conditions under which a permit is issued, or any decision rendered by the Board of Appeals, may be fined not more than one hundred (100) dollars for each offense.Each day that such violation continues shall constitute a separate offense.

2. Enforcement.It shall be the duty of the Building Commissioner to enforce the provisions of this Ordinance, as amended.He shall refuse to grant a permit for the construction or alteration of any building, if the building as constructed or altered would be in violation of any of the provisions of this Ordinance, as amended; and state and municipal officers shall refuse any permit or license for a new use of a building, structure or land which use would be in violation of any such ordinance or amendment thereof.

Section 2002.Filing Plot Plan.Unless otherwise ordered by the Building Commissioner, all applications for building permits made in conformity with the provisions of the Building Ordinance of the City of Springfield shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions, radii and angles of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected and such other information as may be necessary to determine and provide for the enforcement of this Ordinance as amended.One copy of such plans, when approved by the Building Commissioner, shall be returned to the owner.

Section 2003.Pending Applications for Building Permits.Nothing herein contained shall affect any permit issued before notice of hearing by the Planning Board on the question of adoption is first given, PROVIDED that construction work under any such permit is commenced within six (6) months after its issue.

Section 2004. Zoning Ordinance - Adoption, Amendment, Addition, Repeal.

1. No Zoning Ordinance nor part thereof may be adopted, amended, or repealed until:

a. A recommendation for adoption, amendment, addition or repeal has been initiated by submission to the City Council by the City Council, a Board of Appeals, an individual owning land to be effected by such recommendation, by request of ten(10) registered voters of the city, thePlanning Board, a regional planning agency or other methods provided by the City Charter.

b. The City Council has within fourteen (14) days after receipt of such submission transmitted it to the Planning Board for review.

c. The City Council or a committee designated by the City Council for that purpose and the Planning Board has held a public meeting, at which persons interested shall be given an opportunity to be heard.

2. Notice and Hearing.Such hearing shall be held within sixty-five (65) days of submission of the initiated adoption, amendment or repeal by the City Council to the Planning Board.Notice of the time and place of such public hearing of the subject matter, and of the place where text and maps thereof may be inspected shall be published in a newspaper of general circulation in the city in each of two successive weeks, the first publication to be not less than fourteen (14) days before the date of the hearing, and by posting such notice in a conspicuous place in City Hall for a period of not less than fourteen (14) days before such hearing.Notice shall be prepared, published and posted by the City Clerk.

3. Mailing of Notice.Notice of such hearing shall also be sent by mail, postage prepaid, fourteen (14) days at least before such hearing to the Department of Community Affairs, the regional planning agency, the Planning Boards of all abutting cities and towns, any non-resident who files a request with the City Clerk wherein a boundary or use changes within a district.

4. Vote to adopt, amend or repeal.No vote to adopt, amend or repeal a proposed ordinance or by-law shall be taken by the City Council until a report has been submitted with recommendations by the Planning Board or twenty-one (21) such days have elapsed since the hearing without submission of such report or recommendations.Such vote shall require a two-thirds vote of the City Council; provided that if there is filed with the City Clerk, prior to final action, a written protest against such change stating the reasons, duly signed by owners of 20% or more of the area included in such change, or of the area of the land immediately adjacent, extending three hundred (300) feet therefrom, shall require a three-fourths vote of the City Council. The City Council may hold its own public hearing after the required hearing described in Section 2004 1c has been held, however, a vote to adopt the proposed ordinance or change thereof by the City Council must take place within ninety (90) days from the date the required hearing was held or a subsequent hearing must be held by the Planning Board and City Council or sub-committee with notice and report as above provided.

5. The Zone Map, which is part of this Ordinance, may be amended, altered or changed only in accordance with the foregoing provisions.The Zone Map, due to its size, is incapable of being included within this volume but may be obtained on request from the Planning Department.

Section 2005.Special Permits.

1. Authority and Rules. Unless otherwise specified in the Ordinance, the City Council shall be the body responsible for granting special permits.The special permit granting authority shall adopt and from time to time amend rules relative to the issuance of such permits and shall file a copy of said rules in the office of the City Clerk.

2. Hearing, Notice and Decision.

a. The special permit granting authority shall hold a public hearing within sixty-five (65) days after the filing of an application with the special permit granting authority, a copy of which shall forthwith be given to the City Clerk by the applicant.

b. The special permit granting authority shall require notice be given by publication in a newspaper of general circulation in the city once in each of two successive weeks, the first publication to be not less than fourteen (14) days before the hearing, and by posting such notice in a conspicuous place in City Hall.Notice shall be sent by mail, postage prepaid, to the petitioner, abutters, owners of land directly opposite on any public or private street or way, owners of land within three hundred (300) feet of the property line as they appear on the most recent applicable tax list including those in another city or town, the Planning Board and planning boards of all abutting cities and towns.Such notice shall be prepared, published, posted and mailed by the City Clerk.

c. The special permit granting authority shall act within ninety (90) days following the public hearing.Failure to take final action upon an application for a special permit within said ninety (90) days shall be deemed a grant of the permit applied for.Special permits issued by a special permit granting authority shall require a two-thirds vote of boards of more than five (5) members, a vote of four (4) members of a five (5) member board, and a unanimous vote of a three (3) member board. Upon the granting of a special permit, a copy shall be issued to the owner or applicant if other than the owner of the decision, certified by the special permit granting authority.No special permit shall take effect until a copy of the decision certified by the City Clerk that twenty (20) days have elapsed and no appeal has been filed, or that if such appeal has been filed that it has been dismissed or denied, is recorded in the Registry of Deeds wherein the land is located.

3. Duration. A special permit granted by the special permit granting authority shall lapse if a substantial use thereof has not commenced within two years, or in the case of construction, if construction has not begun.Exception may be made for good cause by the special permit granting authority.

4. Special Consideration. Special permits shall be issued by the special permit granting authority for uses, whether or not on the same parcel as activities permitted as a matter of right, which are necessary in connection with scientific research or scientific development or related production where the special permit granting authority finds that the proposed accessory use does not substantially derogate from the public good.

5. Planning Board Report. The Planning Board (or designated staff) shall transmit a report to the special permit granting authority on each special permit application.The Planning Board shall be notified at least fourteen (14) days prior to the public hearing on such a special permit.However, the special permit granting authority may act in the absence of a report form the Planning Board after this fourteen (14) day period.

6. Effect of Denial. If the special permit granting authority after said hearing denies the use applied for, no further application for the same use will be entertained by the City Council for a period of two (2) years from the date of said denial.

7. Standards for Reviewing.Upon granting or denial of a petition for a special permit, the special permit granting authority shall cause those members voting with the prevailing side to set forth clearly the reason(s) for its decision, taking into consideration all of but not limited to the following reasons:

a. The specific site is an appropriate location for such a use, structure, or condition.

b. The use as developed will not adversely affect the neighborhood.

c. Adequate and appropriate facilities will be provided for the proper operation of the proposed use.

8. Conditions Attached to Special Permit Approvals. In approving a special permit, the special permit granting authority may attach such conditions and safeguards as are deemed necessary to protect the neighborhood such as, but not limited to, the following:

a. Requirement of front, side or rear yards greater than the minimum required by this Ordinance.

b. Requirement of screening of parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting, or other devices.

c. Modification of the exterior features or appearances of the structure.

d. Limitation of size, number of occupants, method or time of operation, or extent of facilities.

e. Regulation of number, design, and location of access drives or other traffic features.

9. Existing Uses. In the case of uses requiring special permits, but existing prior to the date of requirement, the existing building or lot or both may be expanded up to twenty-five (25) percent of the ground floor area or the lot area, without special permission from the City Council.

10. Certificate of Occupancy. A Certificate of Occupancy shall not be issued to the applicant by the Building Commissioner until all physical special conditions shown on his site plan (with the exception of seasonal landscaping), or contained within the language of the Special Permit, have been complied with.