31C-045 Certificate of Occupancy Notes 2013-04-19April 19, 2013
SPR Intermediate issued to Sturbridge Development, Condition of Approval #1:
Prior to issuance of the first certificate of occupancy for the project, a conservation restriction, to be
held by the city on terms agreeable to the city, shall be recorded for the park allocated between lots
A20 and A23.
Relevant Zoning Ordinance sections:
§ 350-4.3. Enforcement by Building Commissioner.
It shall be the duty of the Building Commissioner to administer and enforce the provisions of this chapter.
§ 350-4.5. Certificate of use and occupancy required.
It shall be unlawful to use or occupy any structure or lot thereafter erected or altered unless the Building
Commissioner has issued a certificate of use and occupancy and has specified thereon the use to which
the structure or lot may be put. Applications for certificates of use and occupancy shall be filed coincident
with the application for permits and shall be issued or refused in writing for cause within 10 days after the
Building Commissioner has been notified in writing that the erection or alteration of such buildings has
been completed. A record of all certificates shall be kept on file in the office of the Building Commissioner.
Buildings accessory to dwellings when completed at the same time shall not require a separate certificate
of occupancy. Pending the issuance of a regular certificate, a temporary certificate may be issued for a
period not exceeding six months, during the completion of alterations or during partial occupancy of a
building, pending its completion. No temporary certificate shall be issued prior to its completion if the
building fails to meet the requirements of applicable building ordinances and state laws or this chapter to
such a degree as to render it unsafe for the occupancy proposed. In situations where, in the opinion of
the Building Commissioner, a single structure or group of related structures may not be issued a
certificate of occupancy because not all of the spaces within the structure(s) are yet completed, he may
issue a single certificate of occupancy which specifies certain areas as not being included. Such areas
will be required to have a separate certificate of occupancy prior to their use and occupancy.
§ 350-4.8. Notice of violation and order.
A. The Building Commissioner shall serve a notice of violation and order to any owner or person
responsible for the erection, construction, reconstruction, completion, conversion, or alteration of a
structure or change in use, increase in intensity of use or extension or displacement of use of any
structure or lot in violation of a permit or certificate issued under the provisions of this chapter, or in
violation of any provision of this chapter, and such order shall direct the discontinuance of the unlawful
action, use or condition and the abatement of the violation within a time to be specified by the Building
Commissioner. Any owner, who having been served with a notice, and who ceases any work or other
activity, or who fails to complete the structure, shall not leave any structure or lot in such conditions as to
be a hazard or menace to the public safety, health, morals or general welfare.
§ 350-11.1. Purpose.
The purpose of this section is to provide a comprehensive review procedure for construction projects
which will have significant impacts on the City, herein defined, to ensure compliance with the goals and
objectives of the City, and the provisions of this chapter, to minimize adverse impacts of such
development, and to promote development which is harmonious with surrounding areas; in particular to
assure proper drainage, safe access, safe and efficient vehicular and pedestrian movement, adequate
parking and loading spaces, public convenience and safety and adequate consideration of abutting land
owners.
§ 350-11.2. Projects requiring site plan approval as intermediate projects.
No building permit, zoning permit, or special permit shall be issued for the following intermediate projects
prior to the review and approval of a site plan in accordance with this section