11.1. Enforcement.

This by-law shall be enforced by the enforcing officer if and when appointed, or by the Board of Selectmen, who shall grant no permit for the construction, alteration, relocation, occupancy or use of any building, structure, or premises in violation of any provision of this bylaw.

With each application for a permit to build, there shall be filed a plan showing the lot, the area, and location of said lot and building or buildings thereon. No building hereafter erected, altered or relocated 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 or floriculture, unless an occupancy permit signed by the enforcing officer or the Board of Selectmen has been granted to the owner occupant of such land or building. Such permit shall not be granted unless the proposed use of the land or building and all accessory uses comply in all respects with this by-law and no use shall be made of such land or building except the use or uses authorized by such occupancy permit. Whenever any permit or license is refused because of some provision of this by-law, the reason therefore shall be clearly stated in writing to the applicant.

11.1.1 Violations.

If the enforcing officer or Board of Selectmen shall be informed or have reason to believe that any provision of this by-law has been, is being, or may be violated, he shall make or cause to be made an investigation of the fact and inspect the premises where such violation may exist. If he shall find any such violation, he shall give notice thereof in writing to the owner or to his duly authorized agent and to the occupant of the premises, and shall order that any use of any premises contrary to the provisions of this by-law shall immediately cease. If the violations continue after notice in writing has been furnished to the owner of the premises or to her or his or its duly authorized agent, the violator shall be guilty of a misdemeanor, and on conviction thereof shall be fined in an amount not less than twenty dollars to not less than one hundred dollars. Each day in which any such violation shall continue shall be deemed a separate offense. The First District Court of Northern Middlesex shall have jurisdiction and may continue appropriate cases in the Court's discretion without a finding.

11.1.2 Legal Proceedings.

If, after such notice, the premises are continued to be used in a manner contrary to the provisions of this by-law, or if any such owner or occupant shall fail to obey any lawful order of the enforcing officer or Board of Selectmen in respect to any violation or use contrary to the provisions of this by-law, the enforcing officer, with the approval of the Board of Selectmen, may, and if required by them, shall institute appropriate legal proceedings to enforce the provisions of this by-law or to restrain by injunction any violation thereof, or both, and revoke the permit for occupancy, institute and take any and all such action as may be necessary to enforce the provisions of this by-law.

11.1.3 Occupancy Permits.

All buildings hereafter erected, altered or relocated and all changes made of the use of any building or any parcel of land, shall require a permit signed by the enforcing officer or the Board of Selectmen. Such permit shall be granted only when the proposed use of land or building and all accessory uses comply in all respects with this by-law and no use shall be made of such land or building except the use or uses authorized by such occupancy permit.

11.2 Zoning Board of Appeals.

A Zoning Board of Appeals consisting of five (5) members and two (2) associate members, who shall,
be residents of the Town of Ayer, shall be appointed as provided in Section Twelve (12) of chapter
Forty A (40A) of the General Laws, as amended. The Board shall act on all matters within its
jurisdiction under this bylaw in the manner prescribed in said section twelve of Chapter 40A and
subject always to the rule that it shall give due consideration to promoting the public health, safety,
convenience and welfare, and to encouraging the most appropriate use of the land and conserving
property values; and that it shall permit no building or use of land or building that is injurious,
noxious, offensive or detrimental to a neighborhood, and it shall prescribe appropriate conditions
and safeguards in each case. The Board of Selectmen of the Town of Ayer shall appoint the Zoning
Board of Appeals. The Zoning Board of Appeals shall be the Special Permit granting authority in the
Town of Ayer except where otherwise specified in this by-law. The general powers and duties of the
Board of Appeals are specified in Sections 11.2, subsections 11.2.1, 11.2.2 and 11.2.3 inclusive.

11.2.1 Special Permits.

a. The Zoning Board of Appeals may issue special permits for specific types of uses
which shall only be permitted in specified districts as provided in this Zoning By-Law. Special
permits may be issued only for uses which are in harmony with the general purpose and
intent of the Zoning By-Law, and shall be subject to general or specific provisions set forth
therein; and such permits may also impose conditions, safeguards and limitations on time or
use.

b. The Zoning Board of Appeals or other special Permit Granting Authority may issue special permits only following public hearings held within sixty-five days after filing of an application with the special permit granting authority, a copy of which shall forthwith be given to the town clerk by the applicant.

c. Such special permit granting authorities 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 town clerk. Such rules shall prescribe a size, form, contents, style and number of copies of plans and specifications and the procedure for a submission and approval of such permits. Special permit granting authorities shall act within ninety days following a public hearing for which notice has been given by publication or posting as provided in section eleven of Chapter 40A of the Mass. Gen. Laws and by mailing to all parties in interest. Failure by a special permit granting authority to take final action upon an application for a special permit within said ninety days following the date of public hearing shall be deemed to be a grant of the permit applied for.

d. All special permits granted under this section shall lapse within two years, including
such time required to pursue or await a determination of an appeal pursuant to the
provisions of Mass. Gen. Laws, Chapter 40A, from the grant thereof if a substantial use
thereof has not sooner commenced, except for good cause or, in the case of a permit for
construction, if construction has not begun by such date except for good cause.


11.2.2 Permits for Scientific Research.

Uses not on the same parcel as activities permitted as a matter of right, accessory to activities permitted as a matter of right, which activities are necessary in connection with scientific research or scientific development or related production, may be permitted upon the issuance of a special permit provided the granting authority finds that the proposed accessory use does not substantially derogate from the public good.

11.2.3 Variances.

a. The permit granting authority shall have the power after public hearing for which notice has been given by publication and posting as provided in Mass. Gen. Laws, Chapter 40A Section 11 and by mailing to all parties in interest to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning by-laws provision where such permit granting authority 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 Zoning 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 such Zoning Bylaw.

b. The Zoning Board of Appeals may grant use variances.

c. The permit granting authority may impose conditions, safeguards and limitations
both of time and of use, including the continued existence of any particular structures but
excluding any condition, safeguards or limitations based upon the continued ownership of
the land or structures to which the variance pertains by the applicant, petitioner or any
owner.

d. If the rights authorized by a variance are not exercised within one year of the date of
grant of such variance they shall lapse, and may be re-established only after notice and a
new hearing pursuant to this Section D.

11.2.4 Standing To Appeal to the Special Permit Granting Authority

An appeal to the Special Permit Granting authority may be taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of Mass. General Laws, Chapter 40A, by the regional planning agency in whose area the town is situated, or by any person including an officer of a board of the town, or of an abutting city or town aggrieved by an order or decision of the inspector of buildings, or other administrative official, in violation of any provision of this bylaw or in violation of Mass. General Laws, Chapter 40A.

11.3 Amendments to this Bylaw.

This bylaw including the Zoning district boundary lines may only be changed by adoption of an amendment or addition or repeal in the manner provided for in Mass. General Laws, Chapter 40A, Section 5.

11.4 Validity.

The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.

When this bylaw imposes a greater restriction of the use of buildings, structures, or premises, or on height of buildings, or requires larger yards, or open spaces than are imposed or required by
any regulations or permits, or by any restrictions, easements, covenants or agreements, the provisions of this bylaw shall control.

11.5 RATE OF DEVELOPMENT
Approved by the Attorney General May 9, 2006

11.5.1 Purpose

The Purpose of this By-law, “Rate of Development” is to ensure that future growth occurs in an orderly and planner manner; to phase growth so that it will not unduly strain the community’s ability to provide adequate public safety, schools, roads, municipal infrastructure, and human services; to maintain the community at a quality of life which citizens expect; to provide the Town Boards and its agencies, information, time and capacity to incorporate such growth into or, community character and the value of property.

Beginning on 10th, June 2006, building permits, including foundation permits, for not more than Thirty (30) dwelling units shall be applied for or issued in each of the Five (5) years following said date, for the construction of new residential dwelling units, per approved ANR and/or standard or cluster sub-division. Further, no one person or entity nor their successors in interest, nor any entity in which they hold a legal or beneficial ownership shall be issued more than Five (5) of the total number of permits available in any one year, with the exception of the exemptions as described in Section D of this By-law.

“Dwelling Unit” shall man any portion of a building occupied or suitable for occupancy as a residence and arranged for the use of one or more individuals living as a single housekeeping unit with its own cooking, living, sanitary and sleeping facilities.

11.5.3 Procedures

Any building permits issued shall be issued in accordance with the following procedures.

a. The building Inspector shall act on each permit in order of submittal. Any permit application that is incomplete or inaccurate shall be returned to the applicant within Three (3) business days and shall require new submittal.

b. The Building Inspector shall accept applications and issue permits One (1) year at a time.

c. The Building Inspector shall mark each application with the time and date of submittal.

d. Any issued permit shall conform to the time limits set by the appropriate existing Section.

e. Any building permits not issued in any calendar year (1st January – 31st December) shall NOT be available for issuance in any subsequent year.

f. At the end of each calendar year that this By-law is in effect, the Building
Inspector shall retain all applications for which a building permit has NOT been issued. Upon being informed, in writing, by the applicant before the 10th. January of the succeeding year that the applicant desires the application to remain in effect, the Building Inspector shall treat said application in accordance with Section b. above.

11.5.4 Exemptions

The provisions of this Section shall NOT apply to, nor limit in any way, the granting of building permits or occupancy permits required for enlargements, including so called “Mother in Law apartments”, restoration, or reconstruction of existing dwellings existing on lots as of the date of passage of this By-law.

a. Dwelling units for low or moderate income families or individuals, where all of the following conditions are met:

1) Occupancy of the units is restricted to households qualifying under the Local Initiative Program as administered under the Massachusetts Department of Housing and Community Development.

2) The affordable units are subject to a properly executed and recorded deed restriction running with the land which shall limit each succeeding resale price to an increase of Ten percent (10%) plus any increase in the Consumer Price Index, plus cost of any improvements certified by the Building Inspector.

b. Dwelling units for Senior residents, where the occupancy of the units is
restricted to Senior persons through a properly executed and recorded deed
restriction running with the land. For the purposes of this Section, “Senior” shall mean any person over the age of Fifty-five (55).

c. Development projects which voluntarily agree to a minimum of Twenty- five percent (25%) permanent reduction in buildable lots permitted under an approved subdivision plan. Such a developer shall be eligible for a maximum of Five (5) exempt building permits per year within the said sub-division.

d. Person or entity is entitled to One (1) permit, on One (1) lot, per year, on a lot the person or entity owns at the time of the acceptance of this By-law.

e. Beginning on 10th, June 2006, through 31st, December 2006, no more than twenty (20) building permits may be granted under the provisions of this By-law.

11.5.5 Time Limit and Extension

This Section shall expire on 10th, June 2011, provided however that this Section may be extended without lapse of its provisions and limitations, by vote of the Town Meeting prior to 11th, June 2011.

11.5.6 Separability

The provisions of this By-law are hereby declared separable, and if any provision shall be held to be invalid or unconstitutional, it shall NOT be construed to affect the validity of constitutionality of any of the remaining provisions of this By-law.

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