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e or other accessory use attached to the dwelling.
7.6.8 Plans. Floor plans of the accessory unit and principal residence, with a certified site plan showing the dwelling on the lot and its relationship to the neighborhood within two hundred (200) feet of the extremities of the lot, shall be filed with the Building Inspector, and in addition, five (5) copies of the same shall be submitted with the application for a special permit.
7.6.9 Parking. Provisions for off-street parking for dwellers of both units shall be provided in such a fashion as is consistent with the character of the neighborhood, as determined by the Building Inspector, after consultation with the Town Planner.
7.6.10 Occupancy Permit. No occupancy of the additional family dwelling unit shall take place without an occupancy permit issued by the Building Inspector. The initial occupancy permit shall remain in force for a period of two (2) years from the date of issue, provided that there is continued ownership. Thereafter, succeeding permits may be issued by the Building Inspector for each succeeding two-year period, provided that the structure and use continue to comply with the relevant provisions of the State Building Code, this Section and the special permit. Occupancy permits shall not be transferable upon new ownership or change in occupancy. An affidavit shall be presented to the Building Inspector attesting the fact that the circumstance for which such conditional use was granted will be complied with. Upon expiration of conditional use, the accessory kitchen unit shall be dismantled. The owner of record is responsible for initiating each application to the Building Inspector. Appropriate fees, as established and recorded, may be assessed for such renewal, review, investigation and processing.
7.7 SPECIAL PROVISIONS FOR HIGHWAY COMMERCIAL (CH) DISTRICT.
In order to encourage mixed use facility within Commercial Districts on arterial roadways, the following special provisions shall apply in the Highway Commercial (CH
in the Table of Use Regulations, provided that there is compliance with all provisions of this section.
7.6.3 Use Limitations. Such additional family living unit shall be limited to a maximum of four (4) persons, so conditioned, provided, further, that the owner of record is an occupier of the structure which includes the accessory family dwelling unit. No boarders or lodgers shall be allowed in either dwelling unit. There shall be no other living unit on the lot which such accessory unit is to be located.
7.6.4 Disposal of Sewage. Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory unit in accordance with the requirements of the Board of Health. Such determination shall be made prior to the application for a special permit and included with such application.
7.6.5 Ingress; Egress; and Access. Adequate provision, as determined by the Building Inspector, shall be provided for ingress and egress to the outside of each unit separately. To the extent possible, exterior passageways and accessways shall not detract from the single-family appearance of the dwelling. An interior doorway shall be provided between each living unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be enclosed within the exterior walls of the structure.
7.6.6 Required Finding. The Zoning Board of Appeals shall determine that such conversion, new construction and occupancy of each unit shall meet the requirements of this section.
7.6.7 Area Limitation. Such accessory unit shall be limited to a maximum of twenty-five percent (25%) in floor area of the principal residence or eight hundred (800) square feet, whichever is greater, exclusive of any garage, shed or similar structure or other accessory use attached to the dwelling.
7.6.8 Plans. Floor plans of the accessory unit and principal residence, with a certified site plan showing the dwelling on the lot and its relationship to t
residentially used premises.
2. An owner, or occupier with permission of the owner, of a residence which has been destroyed or otherwise, made unlivable by fire or natural holocaust may temporarily place a mobile home on the site of such residence and reside in such temporary quarters for a period not to exceed twelve (12) months. Such temporary quarters may be placed within required front or rear yards only and shall be subject to the provisions of the State Sanitary Code.
3.2.3 Keeping of Animals. No more than one (1) farm animal or no more than ten (10) rabbits or poultry shall be kept on less than one (1) acre and no more than two (2) farm animals or one hundred (100) rabbits or poultry shall be kept on less than two (2) acres. Numbers of farm animals or poultry on two (2) acres or larger shall be limited only by Board of Health requirements and by the performance standards of Section 5.8.
3.2.4 Scientific Uses. The Board of Appeals may grant a special permit for a use accessory to a scientific research, scientific development or related production activity, whether or not on the same parcel as such activity. A special permit shall be granted where the Board of Appeals finds that the proposed accessory use does not substantially derogate from the public good.
3.2.5 Residential Accessory Uses. The following accessory uses are allowed in the Residential Districts, as set forth in the Table of Principal Use Regulations.
1. Rooming and boarding not more than 2 persons.
2. Family daycare, large and small.
3. Adult day care.
3.3 NONCONFORMING USES AND STRUCTURES.
3.3.1 Applicability. This zoning by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this zoning by-law, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.
3.3.2 Nonconforming Uses. The Board of Appeals may award a specia
SECTION 10.0. DEFINITIONS
In this by-law, the following terms and constructions shall apply unless a contrary meaning is required by the context or is specifically prescribed in the text of the by-law. Words used in the present tense include the future. The singular includes the plural and the plural includes the singular. The word "shall" is mandatory and "may" is permissive or discretionary. The word "and" includes "or" unless the contrary is evident from the text. The word "includes" or "including" shall not limit a term to specified examples, but is intended to extend its meaning to all other instances, circumstances, or items of like character or kind. The word "lot" includes "plot"; the word "used" or "occupied" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied." The words "building," "structure," "lot," or "parcel," shall be construed as being followed by the words "or any portion thereof." The word "person" includes a firm, association, organization, partnership, company, or corporation, as well as an individual. Terms and words not defined herein but defined in the Commonwealth of Massachusetts state building code shall have the meaning given therein unless a contrary intention is clearly evident in this by-law.
ACCESSORY BUILDING A subordinate building located on the same lot as the main, or principal building or principal use, the use of which is customarily incidental to that of the principal building or use of the land.
ACCESSORY BUILDING OR USE A building not attached to any principal building or a use customarily incidental to and located on the same lot with the principal building or use, except that if more than twenty-five percent (25%) of the floor area or fifty prcent (50%) of the lot area is occupied by such use, it shall no longer be considered "accessory."
ACCESSORY FAMILY DWELLING UNIT A dwelling unit contained with or an extension of a single-family structure to accommodate an additional family related by blood, marriage or adoption or sixty
Accessory scientific uses,Y,Y,Y,Y,Y,Y,N,N,Y
Rooming and boarding not more than 2 persons,Y,Y,Y,Y,Y,Y,Y,Y,N
Home occupation,Y,Y,Y,Y,Y,Y,Y,Y,N
Adult day care,Y,Y,Y,Y,Y,Y,Y,Y,N
"Child day care, small",Y,Y,Y,N,N,N,N,Y,N
"Child day care, large",BA,BA,BA,N,N,N,N,Y,N
Accessory family dwelling unit,BA,BA,BA,BA,BA,BA,Y,BA,N
PRINCIPAL USES
H. OTHER USES,RA,RB,RM,CH,CD,CV,CN,CO,I
Drive-through or drive-in facility,N,N,N,BA,BA,BA,N,N,N
Commercial parking facility,N,N,N,BA,BA,BA,BA,N,BA
3.2 ACCESSORY USES AND STRUCTURES.
Except as provided by law or in this By-law in each district, no accessory use, building or structure shall be constructed, used or occupied, nor shall land be used or occupied, except for the purposes permitted as set forth in the accompanying Table of Use Regulations.
3.2.1 Home Occupations. Home occupations are permitted if no more than twenty-five percent (25%) of the floor area of the residence is used for the occupation, not more than one (1) person not a member of the household is employed on the premises in the occupation, there is no exterior display or storage or other variation from the residential character of the premises, traffic generated does not exceed that normally expected in a residential neighborhood and all parking required to service the occupation is provided off-street, other than within a required front yard.
3.2.2 Mobile Homes and Campers. A mobile home or camper may be temporarily occupied by nonpaying guests of the owner of the premises for a period not to exceed two (2) weeks in any calendar year; or as a temporary office incidental to the construction or development of the premises on which it is located, upon prior approval of the Building Inspector, who may seek advisory from the Planning Board or its designated agent, for a period of one (1) year, renewable annually.
1. Storage of campers belonging to residents on the premises shall be considered a customary accessory use on residentially used premises.
2. An owner, or occupier with permission of the owner, of a residence which has been destroyed or otherwise, made unlivable by fire or natural holocaust may temporarily place a m
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cupancy Required: The owner of the single family lot upon which the accessory apartment is located shall occupy at least one (1) of the dwelling units on the premises. A Special Permit shall be issued only to the owner of the property. The Zoning Board of Appeals shall be the Special Permit Granting Authority. Should there be a change in ownership or change in residence of the owner, the Special Permit and the Certificate of Occupancy for the accessory apartment shall become null and void.
301.8.3. Apartment Size: The maximum floor size for an accessory apartment within a principle dwelling shall not exceed twenty-five (25%) percent of the habitable area of the dwelling in which it is located, or 600 square feet, whichever is greater. Habitable area, as referred to herein, shall exclude unfinished basements, workshops, unfinished attics, closets, and garage space.
301.8.4. Code Compliance: The accessory apartment must be determined to comply with current safety, health and construction requirements before occupancy and at every change of occupancy. The Zoning Board of Appeals shall have the right to request verification as to the accessory use on an annual basis.
301.8.5. Preservation of Single Family Characteristics: The accessory apartment shall not change the single family characteristic of the dwelling except for the provision of an additional access or egress.
301.8.6. Existing detached structure may continue to be used for the same purposes subject to special conditions imposed by the Board of Appeals.
301.8.7. There shall be no more than one (1) accessory apartment for a total of two (2) dwelling units per lot.
301.8.8. Current apartment uses, as of the effective date of this amendment, may be continued only as long as the present occupants of the accessory apartment remain in residence. The current owner of the property must also appear before the Zoning Board of Appeals to obtain a Special Permit for the affected property. Adopted April 26, 1993
301.20. R-A, R-B, and R-C Residential District uses requiring sp
SECTION 300. RESIDENTIAL DISTRICT USES
301. In R-A, R-B and R-C Districts,
301.1. Detached one-family dwelling.
301.2. Two-family dwelling in any dwelling containing more than six (6) rooms, at the time this by-law is adopted.
301.3. Two-family or duplex dwellings.
301.4. Churches and parish houses.
301.5. Farms, poultry houses, garden nursery or greenhouse selling only produce or plants, the major portion of which is raised on the premises, and excluding any use injurious, noxious or offensive to the neighborhood.
301.6. Municipal uses (buildings, schools, libraries, cemeteries, museums, parks, playgrounds, and other municipal purposes).
301.7. Accessory use on the same lot with and customarily incidental to any of the listed permitted uses and not detrimental to a residential neighborhood may be permitted. The term "accessory use" shall not include:
301.7.1. A garage for, or storage of, more than four (4) automobiles or for storage only of more than one (1) commercial vehicle except on a farm, unless authorized by the board of appeals. Recreational vehicles, such as campers and motor homes, for the purpose of this by-law are not considered to be commercial vehicles.
301.8. Accessory Apartments in Residence Districts
301.8.1. Purpose and Intent: It is the specific intent of this section to allow accessory apartments, including kitchens, within single family properties in the Residential Districts for the sole purpose of meeting the special housing needs of grandparents, parents, brothers and sisters, children and their respective spouses of families of owner occupants of properties in the Town of Groveland. To achieve this goal and to promote the other objectives of this By-law, specific standards are set forth below for such accessory apartment uses.
301.8.2. Owner Occupancy Required: The owner of the single family lot upon which the accessory apartment is located shall occupy at least one (1) of the dwelling units on the premises. A Special Permit shall be issued only to t
SECTION 400. CONVERSION TO APARTMENTS AND CONDOMINIUMS
Any building, dwelling, or structure to be converted to apartments or condominiums must have the following minimum square feet of land area:
In Zone RA:
Two (2) living units: Sixty thousand (60,000) square feet of land area.
Three (3) living units: Ninety thousand (90,000) square feet of land area.
Four (4) living units: One hundred twenty thousand (120,000) square feet of land area.
Each additional unit of living space above four (4) units will require an additional 30,000 square feet of land area.
In Zone RB:
Two (2) living units: Forty thousand (40,000) square feet of land area.
Three (3) living units: Sixty thousand (60,000) square feet of land area.
Four (4) living units: Eighty thousand (80,000) square feet of land area.
Each additional unit of living space above four (4) units will require an additional 20,000 square feet of land area.
In Business Zone:
Requirements will be the same as in Zone RB.
In Zone RC:
Requirements will be the same as in Zone RB.
Industrial Zone:
No conversions to condominiums or apartments are allowed.
These requirements are in addition to any other zoning by-law requirements that are in effect and do not delete from other requirements.
All conversions are subject to all state and local building codes and all state statutes.
ZONING BY-LAWS
SECTION 600. CONDOMINIUMS
(See Section 700, Planned Unit Development, for By-laws pertaining to Condominiums.)
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ther advisors as defined therein, all according to the terms of the Special Permit allowing such apartments.
c. Individual septic tank systems meeting all requirements of the Board of Health for two family or semi-detached houses or multiple use properties as permitted or allowed under Section III-A Schedule of Use Regulations.
d. Temporary toilet facilities used during construction or for special events which comply with Board of Health requirements and which are considered by said Board to be necessary.
e. Private sewage disposal systems or treatments plants shall be allowed in Senior Residential Dwelling Developments established pursuant to the requirements of a Special Permit Granting Authority.
f. Private sewage disposal systems or treatments plants shall be allowed in Industrial Districts in conjunction with commercial or industrial development and further pursuant to the requirements of a Special Permit issued by the Permit Granting Authority, and provided, however, no discharge or leaching areas shall be located in a Zone I or Zone II as determined by the Massachusetts Department of Environmental Protection Aquifer Protection Areas. (Amended December 2002 STM, Art. 2. Previously amended May 2001 ATM, Art. 45 and May 1988 ATM, Art. 13)
I-E DEFINITIONS
In this By-Law the following terms shall have the following meanings unless a contrary, meaning is required by the context or is specifically prescribed.
ACCESSORY BUILDING - A detached building designed, constructed and used for an Accessory Use as defined herein. (Amended November 1989 STM, Art. 7)
ACCESSORY FAMILY DWELLING UNIT - A dwelling unit contained within or being an extension of a single family dwelling to accommodate an additional family only if: (a) a member of the additional family is related by the first degree of kinship, marriage or adoption. (Added May 1995 ATM, Article 43)
ACCESSORY USE - A customary use in conjunction with, incidental to, or subordinate to a use allowed by this By-Law; and located on the same lot with the principa
he Rules and Regulations of the Planning Board and according to the requirements contained in Section IV of this by-law. Responsibility for determining the number of lots so permitted shall rest with the Planning Board and that Board may require the applicant to submit whatever said Board deems necessary to make this determination including, but not limited to, a general layout plan prepared to comply with Section IV of this by-law, soil analyses and percolation tests. (Amended March 1983 ATM, Art. 26)
(2) No apartment development shall have more than (10) percent of the total number of apartments with three (3) bedrooms.
(3) In addition to considering a combined sleeping and living room in an Efficiency Apartment as one bedroom, any other room in any apartment which is not a single living room or equipped kitchen, and is shown on a plan as being for other than bedroom use but which, because of location, size, or arrangement, could, in the opinion of the Board of Appeals, be used as a regular bedroom or adapted to such use, shall be considered as a bedroom for density calculations. No attic or other storage or similarly usable space shall ever be used as or altered to create regular bedroom space nor shall the construction or other aspects thereof be such as would facilitate such use or alteration.
g. Screening - All sewage facilities, service areas and equipment, conveniences and recreational areas shall have screening as required.
h. Buffer Areas - No portion of any apartment building or accessory building shall be less than two hundred (200) feet from any other zoning district and such area shall be undeveloped except for drives, walks and landscaping.
i. Environmental Protection - There shall be no filling, draining, altering or relocation of any stream, lake, pond or wetland except that performed in full compliance with applicable laws, the requirements of all pertinent governmental agencies, and the requirements and recommendations of the Board of Appeals.
j. Exterior Antennas - Outdoor antennas or other apparatus for radio or t
ly permitted in this by-law or in the general Town by-law is prohibited.
V-F ARCHITECTURAL CONTROLS
(Amended March 1978 STM, Art. 1)
The exterior architectural features of houses placed or erected in a development shall be basically dissimilar. No application to place or erect two or more houses upon contiguous lots shall be approved by the Inspector of Buildings unless the applicant shall have filed with the Inspector of Buildings plans showing the houses. If there is proposed to be built or placed upon such lots more than five houses, there shall be at least three basic designs. If there is proposed to be built or placed upon such lots, two, three, four or five houses, there shall be at least two basic designs.
V-G APARTMENT DISTRICT REQUIREMENTS
(Amended March 1983 ATM, Art. 26. Previously amended June 1982 STM, Art. 12, March 1978 STM, Art. 1, May 1975 ATM, Art. 17 and March 1974 ATM, Art. 10.)
1. Intent - The following apartment district requirements and procedures for complying therewith are designed to satisfy the needs of the present and future inhabitants of the town for apartment dwelling units while ensuring that such development and uses will not result in abuses detrimental to the health, comfort, safety and welfare of both the residents of the apartment units and the Town as a whole. Except as otherwise specifically provided for in the zoning by-laws, apartment developments in Holliston shall be allowed only according to the terms of a Special Permit and the provisions of this sub-section V-G. However, the provisions of this sub-section shall not apply to Federal and State subsidized housing for the elderly or low income constructed or operated under the supervision of the Holliston Housing Authority. Apartment Districts shall be allowed only by Town Meeting Vote amending the Zoning By-Law by amending the Zoning Map of Holliston. Such Apartment Districts shall be shown on such map by superimposing said districts on the basic AR-l, AR-2, and R-1 districts on which such Apartment Districts are superimposed, thus creating dual Di
V-G(A) ACCESSORY FAMILY DWELLING UNIT
(Amended May 1995 ATM, Art. 43)
1. The intent and purpose of this section is to permit accessory dwelling units in single family residential districts subject to the standards and procedures hereinafter set forth. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the accessory unit remain subordinate to the principal use of the living quarters.
2. Restrictions: Such additional family living unit shall be occupied by not more than two persons, and provided the owner of record is a resident within the structure which includes the accessory family dwelling unit. The existing unit shall accommodate an additional family unit only if:
a. A member of the additional family is related by first degree of kinship, marriage or adoption to the owner of the premises.
b. There is no other living unit on the lot, upon which the accessory unit is located.
3. Adequate provisions shall be made for the proper disposal of sewage, waste and drainage generated by the accessory unit in accordance with the requirements of the Board of Health. Such determination shall be made prior to application for the Conversion and evidence of the same shall be included with such application.
4. Adequate provisions as determined by the Building Inspector as being in compliance with the Massachusetts State Building Code for separate Ingress, Egress, to the outside of each unit. To the extent possible, exterior passage ways and access ways shall not detract from the single family appearance of the dwelling. An interior door way shall be provided between each living unit as a means of access for purposes of supervision and emergency response. All stairways to additional floors shall be enclosed within the exterior walls of the structure.
5. Such accessory dwelling unit shall be limited to a maximum of (600) six hundred square feet in floor area.
6. Floor plans for the accessory unit and the principal residence, along with a certified site plan shall be submitted along with the application.
7. Off-Street Parkin
,50*,1.00
Comm. Dist.,"15,000 sf",80',120',10',15',20',3,40,50,0.50
Ind. Dist.,"20,000 sf",100',150',30',20',30',3,40,40,0.50
Apt. Dist.,10 ac.,500'*,500'*,50',50',50',2 1/2,35,20,-
The above dimensions are subordinate to any Buffer Area requirements. In Apartment districts, the yard dimensions shall apply to building setbacks with reference to: (a) the perimeter bounds of an entire apartment development; (b) each street bounding or within an apartment development; and (c) any private way which, in the opinion of the Planning Board, may later become a street, rather than to each building in such an apartment development. Exceptions: '*' or such modification as the Board of Appeals may allow; '**' except that the Board of Appeals may authorize the reduction of yards to zero and an increase in coverage to 80%, subject to Section V-K5 and '***' additional area may be necessary to meet Board of Health requirements for sewage disposal. "-" indicates no specified ratio.. Walls specifically designed as impermeable barriers for the proper installation of sub-surface sewage disposal systems, and those designed and constructed in accordance with plans approved as part of a subdivision approval by the Planning Board shall be exempt from the setback requirements within the Schedule of Intensity Regulations. (Amended May 2008 ATM, Art. 39. Previously amended May 1998 ATM, Art. 45, May 1997 ATM, Art. 30, May 1986 ATM, Art. 11, March 1974 ATM, Art. 10, and April 1970 ATM, Art. 20.)
IV-C MODIFICATION AND EXCEPTIONS
1. Where two or more requirements in this by-law are applicable to the same open space, that which imposes the greatest restriction on the placement of the building will control.
2. In all districts 2,000 square feet of lot area shall be required for each room to be used by transient paying guests. This requirement shall be in addition to the area requirements of the district for any other use.
3. In all districts (except Village Center Commercial district, as provided in Sec
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entification of businesses or occupants or guidance or direction of traffic or parking. No accessory sign shall exceed two square feet in area.
(7) Any existing nonconforming sign legally erected prior to the adoption of this Chapter or any amendment thereof, may be continued to be maintained, but shall not be enlarged, reworded, redesigned or altered in any way unless said sign shall conform with the provisions of this subsection.
H. Mixed use buildings comprised of retail space on the first floor, and office space or residential dwelling units on the second and third floors. The residential dwelling units shall have dedicated on-site parking spaces. No dwelling unit shall have less than 600 gross square feet. [Added 5-1-2006 ATM, Art. 32 ]
I. Accessory uses.
§ 210-19. Uses allowed by special permit.
In addition to the foregoing permitted uses, the following uses shall be allowed in a B District upon the granting of a special permit by the Board of Appeals:
A. Gasoline service stations and automobile repair garages, expressly including the accessory use of retail sale of propane, provided the maximum size of a propane storage tank does not exceed 2,000 gallons, and also provided there is compliance with all other federal, state, and municipal regulatory requirements.
B. Single and multifamily residences; buildings used for dwelling purposes. All residential uses must comply with the dimensional requirements contained in Article II, Residence A (RA) District.
C. Live commercial entertainment.
D. Drive-in, drive-through, or drive-up uses, but excluding the dispensing of food or drink, provided that: 1) an adequate dedicated area for at least four vehicles to queue shall be provided on the premises, 2) notification of the public hearing for such special permit shall be mailed to the owners of all properties within 1,000 feet of the premises, and 3) the Board of Appeals shall grant the Special Permit only if it finds that the proposed use will not be detrimental to the surrounding neighborhood.
E. Car wash facilities.
F. T
A. The intent and the purpose of this section is to permit accessory dwelling units in single- family residential districts subject to the standards and procedures hereinafter set forth. It is also the intent to assure that the single-family character of the neighborhood will be maintained and that the accessory unit remains subordinate to the principal living quarters.
B. Restrictions. A special permit may be granted by the Zoning Board of Appeals for the conversion of an existing or new single-family dwelling to accommodate an additional family living unit by the installation of a common wall or the partitioning of or extension of existing living space.
C. Use limitations. Such additional family living unit shall at the discretion of the Zoning Board of Appeals accommodate up to a maximum of three persons, provided that the owner of record of the structure is a resident of the structure which includes the accessory family dwelling unit. The existing unit shall accommodate an additional family unit only if a) a member of the additional family is related by blood, marriage or adoption to the owner of the premises; or b) a member of the additional family is 60 years of age or older. There shall be no other living unit on the lot upon which such accessory unit is to be located.
D. Disposal of sewage. Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory unit in accordance with the requirements of the Board of Health. Such determination shall be made prior to the application for a special permit, and evidence of same shall be included with such application.
E. Ingress, egress, access. Adequate provision, as determined by the Director of Municipal Inspections, shall be provided for separate ingress and egress to the outside of each unit. To the extent possible, exterior passageways and accessways shall not detract from the single-family appearance of the dwelling. An interior doorway shall be provided between each dwelling unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be
) Accessory signs: limit of two accessory signs per business, which may indicate identification of businesses or occupants or guidance or direction of traffic or parking. No accessory sign shall exceed two square feet in area.
(7) Any existing nonconforming sign legally erected prior to the adoption of this Chapter or any amendment thereof, may be continued to be maintained, but shall not be enlarged, reworded, redesigned or altered in any way unless said sign shall conform with the provisions of this subsection.
H. Mixed use buildings comprised of retail space on the first floor, and office space or residential dwelling units on the second and third floors. The residential dwelling units shall have dedicated on-site parking spaces. No dwelling unit shall have less than 600 gross square feet.
I. Accessory uses.
§ 210-20.3. Uses allowed by special permit.
In addition to the foregoing permitted uses, the following uses shall be allowed in a BD District upon the granting of a special permit by the Board of Appeals:
A. Gasoline service stations and automobile repair garages, expressly including the accessory use of retail sale of propane, provided the maximum size of a propane storage tank does not exceed 2,000 gallons, and also provided there is compliance with all other federal, state, and municipal regulatory requirements.
B. Single and multifamily residences; buildings used for dwelling purposes. All residential uses must comply with the dimensional requirements contained in Article II, Residence A (RA) District.
C. Live commercial entertainment.
D. Drive-in, drive-through, or drive-up uses, but excluding the dispensing of food or drink, provided that: 1) an adequate dedicated area for at least four vehicles to queue shall be provided on the premises, 2) notification of the public hearing for such special permit shall be mailed to the owners of all properties within 1,000 feet of the premises, and 3) the Board of Appeals shall grant the Special Permit only if it finds that the proposed use will not be detrimental to the surrounding neighborhood.
E. Car wash facilities.
F. Theaters, halls and clubs.
G. Off-street parking facility. The Planning Board and not the Board of Appeals shall be the Special Permit Granting Authority for such facilities.
§ 210-20.4. Off-stree
ppearance of the dwelling. An interior doorway shall be provided between each dwelling unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be enclosed within the exterior walls of the structure.
F. Documentation. The Zoning Board of Appeals must determine that such conversion, new construction and occupancy of each unit shall meet the requirements of § 210-152 of this Chapter.
G. Area limitation. Such accessory unit shall be limited to a maximum of 800 square feet in floor area. [Amended 5-2-2000 ATM, Art. 28]
H. Plans. Floor plans of the accessory unit and principal residence and a certified site plan showing the dwelling unit on the lot and its relationship to other structures and premises within 200 feet of the lot shall be filed with the application for a special permit.
I. Parking. Provisions for off-street parking of residents and guests of both units shall be provided in such a fashion as is consistent with the character of the neighborhood, as determined by the Zoning Board of Appeals, which shall seek advice from the Director of Municipal Inspections.
J. Special permit. No building permit shall be issued in accordance with the special permit issued under this section until the special permit has been recorded in the Registry of Deeds by the applicant and evidence of such recording has been submitted to the Director of Municipal Inspections.
K. Occupancy permit; control. No occupancy of the additional dwelling unit shall take place without an occupancy permit issued by the Director of Municipal Inspections. The initial occupancy permit shall remain in force for a period of two years from the date of issue, provided that ownership of the premises is not changed. Thereafter, permits may be issued by the Director of Municipal Inspections for succeeding two-year periods, provided that the structure and use continue to comply with the relevant provisions of the State Building Code, this Chapter and the special permit. Occupancy permits shall not be transferable upon change in ownership or change in occupancy. In such event, an affi
% of the interior of any parking lot having 25 or more spaces shall be maintained with landscaping, including trees, in planting areas of at least four feet in width.
(6)The portion of any parking lot which abuts a residential district or use shall be screened from such residential district or use by plant materials characterized by dense growth, or a combination of such plant materials, natural landforms and trees, which will form an effective year-round screen. Screening shall be at least five feet in height. Plant materials when planted may be less than five feet in height but not less than three feet in height if of a species or variety which shall attain the required height and width within three years of planting.
(7)The portion of any parking lot which abuts a public way shall be adequately buffered from such public way by plant materials characterized by dense growth or a combination of such plant materials, trees, natural landforms and other landscape features, such as stone walls. Plant materials may be required to be at least five feet in height. Plant materials when planted may be less than five feet in height but not less than three feet in height if of a species or variety which shall attain the required height and width within three years of planting.
§ 210-125. Conversions of residential property.
[Amended 4-9-1991 ATM, Art. 25, 5-7-2007 ATM, Art 26]
The conversion of any house for rental purposes to accommodate not more than four families or units may be undertaken in any zoning district except an Industrial A (IA) or Industrial B (IB) District upon grant of a special permit by the Board of Appeals, provided that the exterior is not materially altered and provided that each dwelling unit so created contains a floor area of at least 600 square feet. Two parking spaces shall be provided on the site for each dwelling unit.
§ 210-126. Accessory family dwelling unit.
[Added 5-4-1993 ATM, Art. 20]
A. The intent and the purpose of this section is to permit accessory dwelling units in single- family residential districts subject to the standards and procedures hereinafter set forth. It is also the inten
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be allowed.
(k) The proposed use is determined to be in harmony with the intent and purpose of the Zoning By-Law.
2. In order to encourage the development of housing units for disabled and handicapped individuals and persons with limited mobility, the SPGA may allow reasonable deviation from the stated conditions where necessary to install features that facilitate access and mobility for disabled persons.
3. Approval for an ADU requires that the owner must occupy one of the dwelling units. The zoning approval and the notarized letters required in 5.2.6.4 (4) & (5) below must be recorded in the Middlesex South County Registry of Deeds or Land Court, as appropriate, in the chain of title to the property, with documentation of the recording provided to the Building Commissioner, prior to the occupancy of the accessory dwelling unit.
4. Prior to issuance of a special permit, the owner(s) must furnish an affidavit, sworn under the pains and penalties of perjury, stating that the owner will occupy one of the dwelling units on the premises as the owner's primary residence, except for bona fide temporary absences.
5. When a structure, which has received a special permit for an accessory dwelling unit, is sold, the new owner(s), if they wish to continue to exercise the Special Permit, must, within thirty (30) days of the purchase, submit a notarized letter to the Building Commissioner stating that they will occupy one of the dwelling units on the premises as their primary residence, except for bona fide temporary absences.
6. Prior to issuance of a special permit, a floor plan must be submitted showing the proposed interior and exterior changes to the building.
5.2.6.5 Administration and Enforcement
1. It shall be the duty of the Building Commissioner as Zoning Enforcement Officer to administer and enforce the provisions of this Bylaw.
2. No building shall be changed in use or configuration, until the Building Commissioner has issued a permit. No permit shall be issued until a sewage disposal works permit, when app
e for households at a variety of stages in their life cycle;
4. Provide housing units for persons with disabilities;
5.2.6.2 Definitions:
1. ACCESSORY DWELLING UNIT (ADU) : A self-contained housing unit incorporated within a single-family dwelling or existing detached structure that is clearly a subordinate part of the single-family dwelling and which complies with each of the use and dimensional regulation stated in section 5.2.6.4 below.
2. BUILDING, ATTACHED : A building having any portion of one or more walls in common or within five feet of an adjacent building.
3. BUILDING, DETACHED : A building having five feet or more of open space on all sides.
4. DWELLING, SINGLE-FAMILY : A building designed or used exclusively as a residence and including only one dwelling unit.
5. DWELLING UNIT : One or more rooms designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household. This definition does not include a trailer, however mounted.
6. PRIMARY DOMICILE : That place where a person has his or her true, fixed, and permanent home and principal establishment, and to which he or she is never absent more than 6 months.
7. TEMPORARY ABSENCE : Absence of no more than 6 months.
5.2.6.3 Procedural Requirements:
1. An application for an Accessory Dwelling Unit Special Permit shall be filed with the Zoning Board of Appeals in accordance with its applicable filing requirements.
2. The Zoning Board of Appeals shall not grant any variances under this section except as noted in 5.2.6.4 (2).
5.2.6.4 Use and Dimensional Regulations:
1. The Zoning Board of Appeals as the Special Permit Granting Authority (SPGA) may issue a Special Permit authorizing the installation and use of an accessory dwelling unit in a single-family home or lot provided the following conditions are met:
(a) The accessory dwelling unit may be located in the primary domicile.
(b)
the installation and use of an accessory dwelling unit in a single-family home or lot provided the following conditions are met:
(a) The accessory dwelling unit may be located in the primary domicile.
(b) The primary domicile to be altered to include an accessory dwelling unit shall maintain the appearance of a single-family structure.
(c) The unit will consist of a complete, separate housekeeping unit containing both kitchen and bath.
(d) Only one accessory dwelling unit may be created within a single-family house or house lot.
(e) The owner(s) of the residence in which the accessory dwelling unit is created must continue to occupy at least one of the dwelling units as their primary residence, except for bona fide temporary absences.
(f) Any new separate outside entrance serving an accessory dwelling unit shall be located on the side or in the rear of the building as remote as possible from one another.
(g) The habitable floor area of the accessory unit shall not exceed twenty-five (25%) of the habitable floor area of the entire dwelling or 900 square feet, whichever is greater.
(h) An accessory dwelling unit may not be occupied by more than three (3) people nor have more than two bedrooms.
(i) The construction of any accessory dwelling unit must be in conformity with the State Building Code, Title V of the State Sanitary Code and other local bylaws and regulations.
(j) Sufficient and appropriate space for at least two (2) additional parking spaces shall be provided by the owner to serve the accessory dwelling unit. Said parking space shall be constructed of material consistent with the existing driveway and shall have vehicular access to the driveway. Stacking of vehicles for the different dwelling units shall not be allowed. A separate driveway opening for the accessory dwelling unit shall not be allowed.
(k) The proposed use is determined to be in harmony with the intent and purpose of the Zoning By-Law.
2. In order to encourage the development of housing units for disabled and handicapped indiv
, safety precautions and surfacing material.
d) A topographical map, if required.
e)There shall also be shown on said chart additional information, if any, necessary for the Planning Board to determine compliance with this Bylaw.
5.2.5 Additional Uses Allowed By Special Permit in the Mobile Home SB-2 District subject to the following conditions:
5.2.5.1 Mobile Home Parks, provided that
a)Mobile homes shall each be located on a lot with a minimum area of five thousand (5,000) square feet.
b) Each individual mobile home lot shall have a minimum frontage of fifty (50) feet measured either at the front lot line or at the set back line.
c) No mobile home or part thereof shall be erected or altered to within thirty (30) feet of the front lot line, except on a corner lot and in such case no mobile home or part thereof shall be erected or altered to within fifteen (15) feet of the front lot line nor within ten (10) feet from the interior lot line having the greatest dimension.
d) No mobile home or part thereof shall be erected or altered to within ten (10) feet of the rear lot line.
e) No mobile home or part thereof shall be erected or altered to within ten (10) feet of the side lot line.
f)No mobile home shall have a floor area of less than three hundred fifty (350) square feet.
5.2.6 Accessory Dwelling Units
5.2.6.1 Purpose and Intent:
The intent of allowing accessory dwelling units is to:
1. Preserve the residential character of a neighborhood.
2. Add moderately priced rental units to the housing stock to meet the needs of smaller households and make housing units available to moderate income households who might otherwise have difficulty finding housing;
3. Develop housing units in single-family neighborhoods that are appropriate for households at a variety of stages in their life cycle;
4. Provide housing units for persons with disabilities;
5.2.6.2 Definitions:
1. ACCESSORY DWELLING UNIT (ADU) : A self-contained housing uni
5.3 COMMERCIAL DISTRICTS
5.3.1 Uses Permitted
5.3.1.1 Buildings, structures, and premises may be used for any use permitted in a Residence District and/or lawful business, service or public utility.
5.3.2 Uses Allowed by Special Permit granted by the Board of Appeals
5.3.2.1 The following uses when specifically approved as special exceptions by the Board of Appeals, which shall have found that the proposed use will not have an adverse effect on the present and future dwellings in the vicinity, or create traffic hazards or volume greater than the capacity of the streets affected, or other appropriate safeguards and conditions which the Board of Appeals deems necessary:
a) Multiple dwellings in ALL Districts except C-1, C-11, and C-12 subject to the same conditions of Section 5.2.4 above and provided that the permit granting authority finds that the non-residentially zoned area would not be adversely affected by such residential use, and that permitted uses in the district are not noxious to a multifamily use.
5.3.3 Uses Allowed by Special Permit in ALL Commercial Districts EXCEPT C-1
5.3.3.1 Motor vehicle repair facilities, including those repairing, painting, or storing motor vehicles, provided the disabled vehicles are screened from abutting lots or exterior streets by a solid landscaped screen and/or fence at least five (5) feet but no more than seven (7) feet in height.
5.3.3.2 Junk yards, provided that outdoor storage areas are screened from view from abutting lots or exterior streets by a solid landscaped screen and/or fence at least five (5) feet but no more than seven (7) feet in height.
5.3.3.3 Drive-in theaters, provided that the moving picture images are directed away from existing dwelling units.
5.3.4 Uses Allowed by Special Permit in the C-1 District
5.3.4.1 The conversion of existing structures for multiple dwellings where the first floor is devoted to commercial use except for the access to the upper floors, provided that:
a) The first floor is not used for
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ccupancy of the dwelling unit is limited to:
17.3.3.1. A family related by blood, marriage or adoption to the owner of the premises, or
17.3.3.2. A household with an individual who is 65 years of age or older, or
17.3.3.3. A household with an individual with disabilities.
17.3.3.4.A low- or moderate-income household, provided the unit meets the requirements of the Local Initiative Program, 760 CMR 45-00, for listing on the Chapter 40B SUBSIDIZED HOUSING INVENTORY as provided for by G.L. c.40B, Sections 20-23.
17.3.4. Disposal of sewage. Adequate provision shall be made for the disposal of sewage, waste and drainage generated by the occupancy of such accessory unit in accordance with the requirements of the Board of Health. Connection to the to the municipal sewer system is required for property located in a designated sewer service area unless such connection imposes an undue economic hardship on the applicant, as determined by the Sewer Commission. Such determination shall be made prior to the application for a SPECIAL PERMIT, and evidence of same shall be included with such application.
17.3.5. Ingress, egress, access. Adequate provision, as determined by the BUILDING COMMISSIONER, shall be provided for separate ingress and egress to the outside of each unit. To the extent possible, exterior passageways and accessways shall not detract from the single-family appearance of the dwelling. An interior doorway shall be provided between each dwelling unit as a means of access for purposes of supervision and emergency response. All stairways to additional stories shall be enclosed within the exterior walls of the STRUCTURE.
17.3.6. Area limitation. Such accessory unit shall be limited to a maximum of 900 square feet in floor area.
17.3.7. Plans. Floor plans of the accessory unit and principal residence and a certified site . plan showing the dwelling unit on the LOT and its relationship to other STRUCTURES and premises within 200 feet of the LOT s
ans. Floor plans of the accessory unit and principal residence and a certified site . plan showing the dwelling unit on the LOT and its relationship to other STRUCTURES and premises within 200 feet of the LOT shall be filed with the application for a SPECIAL PERMIT.
17.3.8. Parking. Provisions for off-street parking of residents and guests of both units shall be provided in such a fashion as is consistent with the character of the neighborhood, as determined by the Zoning BOARD OF APPEALS, which shall seek advice from the BUILDING COMMISSIONER
17.3.9. Special Permit. No building permit shall be issued in accordance with the SPECIAL PERMIT issued under this section until the SPECIAL PERMIT has been recorded in the Registry of Deeds by the applicant and evidence of such recording has been submitted to the BUILDING COMMISSIONER.
17.3.10. Occupancy permit; control. No occupancy of the additional dwelling unit shall take place without an occupancy permit issued by the BUILDING COMMISSIONER.
17.3.11. For an accessory dwelling unit authorized by the BOARD OF APPEALS as affordable housing unit, the BUILDING COMMISSIONER shall not issue an occupancy permit without evidence that an affordable housing USE RESTRICTION or deed rider has been recorded at the Registry of Deeds and the unit has been approved by the Department of Housing and Community Development for inclusion on the Chapter 40B SUBSIDIZED HOUSING INVENTORY.
17.3.12.Occupancy permits shall not be transferable upon change in ownership or change in occupancy y In such event, on affidavit hail be presented to the BUILDING COMMISSIONER attesting to the fact that the circumstances under which an occupancy permit was granted will in the future continue to exist. The owner of record is responsible for initiating each application to the BUILDING COMMISSIONER. Appropriate fees, as established and recorded, may be assessed for each such renewal review, investigation and processing. All documentation presente
museums, and private schools, including preschools and colleges.
5.3.8. Membership clubs, lodges, social recreational and community center buildings and grounds for games and sports, except those having as a principal purpose any activity which is usually carried on as a business (fairs and public benefits excluded).
5.3.9. Municipal use authorized by Town Meeting.
5.3.10. Other government uses.
5.3.11. Telephone exchanges, provided that there is no service yard or garage.
5.4. Uses and Structures Permitted by Special Permit.
In the Suburban-Residential District, the Planning Board may grant a special permit for the following uses except that where an accessory apartment or the conversion of a single-family to a multi-family dwelling is allowed by SPECIAL PERMIT, the Special Permit Granting Authority shall be the Board of Appeals in accordance with Article 17 Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings:
**Webmasters Note: The previous section has been amended as per an update approved at a town meeting held 5/15/06.
5.4.1. BED AND BREAKFAST.
5.4.2. A home occupation not otherwise permitted under Section 5.2 or 5.3.
5.4.3. The conversion of a single-family dwelling in existence for at least ten years prior to the application for a SPECIAL PERMIT to a two-family dwelling, subject to the regulations for "Accessory Dwelling Units and Conversion of Existing Single Family Dwellings" in Article 17 of this Bylaw.
5.4.4. One accessory dwelling unit in a single-family dwelling in existence for at least five years to the application for a building permit, subject to the regulations for "Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings" in Article 17 of this Bylaw.
5.4.5. Public or semipublic institutions of a philanthropic or charitable character, nursing homes, acute care and rehabilitation facilities.
5.5. Prohibited Uses.
5.5.1. Use of a MOBILE HOME on a residential LOT.
5.5.2. Parks for MOB
f a single-family dwelling in existence for at least ten years prior to the application for a SPECIAL PERMIT to a two-family dwelling, subject to "Accessory Dwelling Units and Conversion of Existing Single-Family Dwellings" in Article 17 of this Bylaw.
6.4.4. Home specialty retail.
6.4.5. Public or semipublic institutions of a philanthropic or charitable character, nursing homes, acute care and rehabilitation facilities.
6.4.6. Assisted living facility or CONGREGATE LIVING RESIDENCE for the elderly or disabled, subject to "Regulations for Assisted Living Facilities and Elderly Housing" at Article 16 of this Bylaw.
6.4.7. Open Space-Residential Development, subject to "Open Space-Residential Development" regulations at Article 15 of this Bylaw.
6.4.8 Cemetery
**Webmasters Note: The previous subsection has been added as per an update approved at a town meeting held 4/30/07.
6.5. Prohibited Uses.
6.5.1. Use of a MOBILE HOME on a residential LOT.
6.5.2. Parks for MOBILE HOMES.
6.5.3. Outdoor storage of more than one unregistered motor vehicle for more than ninety days, except on a farm.
6.5.4. Auto dismantling, junkyards, privately developed and operated septage waste disposal/treatment facilities and refuse disposal facilities are expressly prohibited.
6.5.5. Any use not explicitly provided for in this Bylaw.
6.6. Dimensional and Intensity Regulations.
No building or STRUCTURE shall be located, constructed, changed, enlarged or permitted and no use of premises in the Agricultural Residential District shall be permitted except in conformity to the intensity and dimensional regulations as set forth herein. If a LOT is determined by the rules of Article 14 to be within a Water Resources Protection Overlay District, then the more restrictive regulations of Article 14 shall prevail.
6.6.1. Minimum LOT AREA: 87,120 square feet (ft2)
6.6.2. Minimum
nd is one that is usual to maintain in connection with the primary use of the LOT.
ADULT USES (OR ADULT ENTERTAINMENT USES) shall include any or all of the following:
1. Adult Bookstore - An establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other matter which are distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31..
2. Adult Motion-Picture Theater - An enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31.
3. Adult Paraphemalia Store - An establishment having as a substantial or significant portion of its stock-in-trade devices, objects, tools or toys which are distinguished or characterized by their association with sexual activity, including sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31.
4. Adult Video-Store - An establishment having as a substantial or significant portion of its stock-in-trade videos, movies or other film material which is distinguished or characterized by their emphasis depicting, describing or relating to sexual conduct or sexual excitement as defined in G.L. c. 272, Section 31.
AFFORDABLE HOUSING : As used in this Bylaw, "affordable housing" is sub-classified as "low- and moderate-income housing" and "BELOW-MARKET housing," according to the following meanings:
1. LOW- OR MODERATE-INCOME housing: housing occupied by households with incomes at or below 80% of area median income, as determined and published from time to time by the U.S. Department of Housing and Urban Development. Low- and moderate-income housing must meet the requirements of the Local Initiative Program, 760 CMR 45.00, and be approved for inclusion in the SUBSIDIZED HOUSING INVENTORY under G.L. c.40B, Sections 2023, prior to the issuance of an occupancy permit. A housing unit will generally be c
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(2) Granting Authority. When a five-member Planning Board has been designated as the special permit-granting authority, one associate member may be authorized for a one-year term. The Board of Selectmen shall authorize/appoint the associate member who, upon the designation of the Chairman of the Planning Board, shall sit on the Board for the purposes of acting on a special permit application in the case of absence, inability to act or conflict of interest on the part of any member or in the event of a vacancy on the Board. [Added 4-22-2003 ATM, Art. 8]
D. Definitions.
(1) General.
(a) For the purposes of this bylaw, the following words and phrases shall have the following meanings, except that terms (including without limitation, appurtenant structure, base flood, development, flood, flooding, flood elevation determination, flood-prone area, flood-proofing mean sea level, mobile home, new construction, regulatory floodway, sand dunes, structure, substantial improvement and water surface elevation) used in Section 97-4E of this By-Law, including all sections thereof inclusive shall be as set forth in Section 1909.1, Subchapter B of Chapter X of Title 24 of the Code of Federal Regulations, a copy of which Section 1909.1 shall be kept on file with the Town Clerk, the Planning Board and the Building Inspector.
(2) Written Definitions.
ACCESSORY APARTMENT : one dwelling unit associated with a single-family dwelling which is subordinate to the principal unit.
ACCESSORY STRUCTURE : A structure which houses or is being used for something other than an allowed principal use.
ADULT ARCADE : an establishment or portion thereof where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five (5) or fewer persons each, are used to show films, motion pictures, video cassettes, computer displays, slides, or other photographic reproductions which are characterized by the depiction or description of "Specified Sexual Activiti
istry of Deeds in Salem prior to March 21, 1978, and otherwise met all of the applicable requirement of the Zoning By-Law in effect at the time it was recorded or registered. Notwithstanding any provisions of this By-Law, a single residence or any other permitted buildings or structures may be erected in the agricultural-residential district on any lot which has not less than 20,000 square feet, and was recorded at the Registry of Deeds in Salem prior to March 21, 1978, and otherwise met all of the applicable requirement of the Zoning By-Law in effect at the time it was recorded or registered. This provision shall not apply to the Plum Island Zoning District, which shall instead be governed by G. L. c.40A, s 6, Para 4.
C. Customary home occupations:
(1) Customary home occupations (such as professional and business offices, arts and crafts shops, tradesman's shops and miscellaneous repair services) may be conducted in a dwelling or building accessory thereto by a person residing on the premises are permitted provided that:
(a) Such use is clearly incidental and secondary to the residential use;
(b) Not more than two (2) persons other than the resident is9 regularly employed thereon;
(c) No offensive noise, odors, glare or unsightliness is produced;
(d) There is no public display of goods or wares except for such signs as are permitted; and
(e) That there is no exterior storage of materials, equipment [including the parking of more than one (1) commercial vehicle] or waste material that would indicate the presence of the use or violate the residential character of the premises.
D. Accessory Apartments in the Agricultural-Residential District. [Amended 10-24- 2006 STM by Art. 3]
(1) Purpose and Intent: It is the intent of this article to allow accessory apartments for non-rental purposes, including kitchens, within single family properties in the Agricultural-Residential Distr
ms in the accessory apartment.
(h) The Accessory Apartment must be within or have a common wall and common interior door with the single-family dwelling unit.
(i) The existing house and the accessory apartment shall comply with all applicable health, safety, building and other applicable codes in effect at the time of the granting of the special permit.
(j) Utilities such as water, electric and gas necessary for the accessory apartment shall be extensions of the existing utilities serving the principal single-family dwelling.
(k) A minimum of one parking space shall be required for the accessory apartment. Parking spaces shall be located so that both the principal dwelling unit and the accessory apartment shall have at least one parking space with direct and unimpeded access to the street without passing through a parking space designated to serve the other dwelling unit.
(l) The accessory apartment shall not change the single-family characteristic of the dwelling except for the provision of an additional access or egress, subject to the following conditions and requirements:
1) all stairways to second or third stories shall be enclosed within exterior walls;
2) any new entrance shall be located on the side or on the rear of the building.
F. Temporary Trailers and Mobile Homes.
(1) Purpose and Intent: It is the intent of this article to provide for the temporary use and occupancy of trailers and mobile homes within the Town of Newbury, subject to the limitations below.
(2) Allowed Use: A trailer or mobile home may be used on any lot as provided below:
(a) The owner or occupier of a residence which has been destroyed by fire or natural disaster may place a mobile home on the site of such residence and may, by right, reside in such mobile home for a period not to exceed the shorter of eighteen (18) months or the life of the active building permit, not to excee
]
(1) Purpose and Intent: It is the intent of this article to allow accessory apartments for non-rental purposes, including kitchens, within single family properties in the Agricultural-Residential District for the purpose of supplying accessory housing stock in owner-occupied properties within the Town of Newbury.
(2) Allowed Use: A non-rental accessory apartment may be allowed upon issuance of a building permit by the Building Inspector subject to the conditions and requirements set out in this bylaw.
(3) Accessory Apartment Applicability: The Building Inspector shall issue a building permit for an accessory apartment in a detached, one family dwelling in the Agricultural Residential District provided that the dwelling unit and the proposed apartment meet the following conditions and requirements.
(a) The owner of the dwelling in which the accessory apartment is created, shall occupy either of the dwelling units in the located structure in question, with temporary absences of up to six months.
(b) For the purposes of this section, the "owner" shall be one or more individuals residing in a dwelling unit, who holds title and for whom the dwelling is the primary residence for voting and tax purposes.
(c) The gross floor area of the dwelling, including the basement shall be at least 1600 square feet.
(d) The size of the accessory apartment shall not exceed 35% of the principal dwelling unit at the time of the granting of the special permit.
(e) No more than one accessory apartment shall be allowed per residential lot.
(f) There shall be no boarders or lodgers within either unit of a dwelling with an accessory apartment.
(g) There shall not be more than two bedrooms in the accessory apartment.
(h) The Accessory Apartment must be within or have a common wall and common interior door with the single-family dwelling unit.
(i) The existing house and the access
Subsection A above and upon which one single one family residence and such structures normally accessory to such single one family residence exist as of the date of the enactment of Subsection B shall nevertheless be deemed to comply with the provisions of the Zoning By-Laws so long as such single one family residence remains on such lot.
E. Residential Limited Business.
(1) Allowed Uses:
(a) Limited business;
(b) Single and two family residences;
(c) Agricultural use;
(d) Customary home occupation as provided for in section 97-10C;
(e) Church or other religious purpose;
(f) Educational purpose which is non-profit or public;
(g) Uses customarily accessory to allowed uses.
(2) Prohibited Uses:
(a) Any use not herein expressly allowed shall be prohibited.
(3) Uses By Special Permit:
(a) In appropriate cases and subject to appropriate conditions, safeguards and limitations on time or use, the Selectmen may grant an applicant a special permit to make use of the land or erect and maintain buildings or other structures thereon in accordance with the provisions of Chapter 40A of General Laws, if such use, buildings or other structures are in harmony with the general purpose and intent of this By-Law and with the provisions stipulated in § 97-10.C(1) (c) (d) & (e) for the purpose of municipal uses; A library; a nursing or rest home; a hospital; a private club; or a doctor's, lawyer's, or similar professional office; provided the Selectmen find, after a Public Hearing of which due notice is given to any party in interest as defined in Section 11, of Chapter 40A of the General Laws, that the proposed use, building or structure is for the best interest of the Town, is not injurious or obnoxious to the neighboring properties, will satisfy a community need or convenience not otherwise being served, will not affect abutting and nearby properties by increasing traffic and on-street parking, and that nothing connected with the use, buildings or structure, such as machinery, vehicles, material, supplies, equipment and waste materials shall be stored between the stre
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he FAR. Twice the number of bedrooms in the affordable units may be exempted from the total number of bedrooms in calculations pertaining to land area required per bedroom.
(3) In any RS district: Developments may exempt twice the number of affordable dwelling units required by current zoning in Section 4.4.7 (a) and an equal number of additional market rate units when calculating the maximum number of dwelling units per acre. Concurrently, developments may exempt twice the number of affordable bedrooms required by current zoning in Section 4.4.7 (a) and an equal number of additional bedrooms when calculating the maximum number of bedrooms per acre.
(4) In any R4 or BC district: The following requirements shall be substituted for the off street parking space requirements listed in Section 6.1.2 (f).
Multifamily apartment or condominium complexes consisting of fifty (50) units or fewer, regardless of whether said units are contained within one (1) or more buildings or phases, shall provide a minimum of 2.0 spaces per unit inclusive of visitor parking. Multifamily apartment or condominium complexes consisting of greater than fifty (50) units shall provide a minimum of 1.8 spaces per unit inclusive of visitor parking.
4.11.7 Alternative Methods of Affordability
(1) Section 4.11 mandates that affordable units shall be provided onsite. However, in certain exceptional circumstances the City Council may, at the formal written request of the developer, consider an alternative method of compliance. In granting such authorization, the City Council must find that the developer has demonstrated that building the required affordable units on-site would create a significant hardship, or that such alternate method of compliance is in the best interests of the City. A significant hardship shall be defined as being of such significance that the property cannot physically accommodate the required affordable units and/or related requirements, such as height, setbacks, or parking. To have such a request considered, the burden of proof shall be on the developers, who must make full disclosure to the City
(d) Exterior changes shall be constructed in a manner that allows for the accommodation of the accessory living area, but also is constructed in a manner that maintains the appearance of the structure as a single-family dwelling. The primary entrance to the family dwelling shall be utilized by the accessory living area, with construction of a secondary access if needed. External reconstruction for the accessory living area must be consistent with the exterior of the larger dwelling. Scaled plans showing conversion or alteration of the single-family residence are required.
(e) If an entrance is required for an accessory living area, it shall be located on the side or in the rear of the dwelling.
(f) Owner occupied applicant for the accessory living area must certify that sufficient parking exists on the site. All parking is to be accommodated on site, except in the case where the person residing in the accessory living area does not drive or have a motor vehicle. A homeowner may add a maximum of two hundred (200) square feet of parking area within his or her lot. (Ord. of 7-7-94, § 3)
(g) Under no circumstances shall the Special Permit be effective until the applicant is the owner of the property containing the Family Accessory Living Area. This provision would apply when the applicant presents a validly, executed purchase and sale agreement with the FALA application, where the applicant is designated as the buyer.
**Webmasters Note: The previous subsection has been added as per an update adopted 9/11/03.
4.7.3 Procedure.
(a) No accessory living area shall be constructed within a special permit granted by the city council and a building permit issued by the building inspector.
(b) A certificate of occupancy shall be issued after the building inspector determines that the accessory living area is in conformity with the approved plans, the provisions of the ordinance, and all applicable codes.
(c) Yearly certification from the owner occupied applicant that the family member still resides in the accessory living area is required every year. Once the family member leaves the accessory living area, it must be d
for storage warehousing allowed by special permit and/or as of right shall be an exception to the foregoing. The following parking requirements shall substitute: There shall be provided not less than two (2) parking spaces for the caretaker quarters, if any, plus a minimum of four (4) additional spaces for use in connection with the on-site office. (Ord. of 10-1-81, § 7; Ord. of G-23-83, § 8; Ord. of 2-9-84, § 3; Ord. of 10-11-84, § 17; Ord. of 9-24-87, § 2; Ord. of 8-25-88, § G)
(f) Residence districts and residential uses in business districts:
R-1, R-1A, R-1B, R-2 and R-3: Two (2) for every family dwelling unit.
R-4: Two (2) spaces for every family dwelling unit. (Ord. of 8-25-88, § 6)
R-5: Two (2) spaces for every family dwelling unit. (Ord. of 5-10-84, § 3; Ord. of 8-25-88,§ 6)
B-R: Two (2) spaces for every family dwelling unit. (Ord. of 8-25-88, § 6)
B-C: Two (2) spaces for every family dwelling unit. (Ord. of 8-25-88, § 6)
B-N: Two (2) spaces for every family dwelling unit. (Ord. of 8-25-88, § 6)
B-N2: Two (2) spaces for every family dwelling unit. (Ord. of 8-25-88, § 6)
In all R-4, R5, B-R, B-C, B-N and BN2 districts all multifamily apartment or condominium complexes in excess of four (4) dwelling units, regardless of whether said units are contained within one (1) or more buildings or phases, shall contain a minimum of one (1) visitor parking space for every three (3) dwelling units. Said space(s) shall be clearly designated as a visitor's parking space. (Ord. of 8-25-88, § 6)
PRD: As required in section 4.4.9(a)(2). (Ord. of 10-11-84, § 18)
MH: As required in section 4.4.3(e). (Ord. of 10-11-84, § 18)
(g) Hotel, lodging, or rooming house: One (1) for every separate living unit
(h) Convalescent or rest homes or similar institutions: One (1) for every three (3) beds and one (1) for every employee on the largest work shift. (Ord. of 5-22-80, § 3)
(i) Industrial and other uses: One (1) for every one and one-half (1 1/2) persons employed or anticipated to be employed on the largest shift for all types of shop
4.7 FAMILY ACCESSORY LIVING AREAS/PURPOSE/REQUIREMENTS/PROCEDURE
4.7.1 Purpose.
The requirements and procedures outlined in this section are not intended to encourage the public in acquiring variances to allow for the construction of larger dwellings for the use of accessory living areas, instead, they are intended to:
(a) Assist families in Peabody to provide alternative housing options for their family members, not permanent housing, nor rental, but temporary housing to deal with family situations.
(b) Create feasible housing alternatives for elderly people or other family members looking to stay in their homes, yet receive help they need for other family members, and to encourage a diverse population with a particular focus on young adults and senior citizens.
(c) Increase the range of housing accommodations and encourage a more economic and energy efficient use of the city's housing supply while preserving the character of the city's single-family neighborhoods by establishing parking, size, and family member occupancy guidelines for the use of family accessory living area. (Ord. of 7-7-94, § 3)
4.7.2. Requirements.
After a special permit has been approved by the city council, the special permit granting authority, the building inspector shall issue a building permit to create an accessory living area in any detached single-family dwelling provided that each of the following conditions and requirements is met:
(a) An affidavit sworn under penalties of perjury, with proper documentation is required to certify that the accessory living area is for a family member. Family member shall constitute brothers, sisters, parents, grandparents, grandchildren and/or adult children.
(b) Not more than one (1) accessory living area shall be located upon a single lot.
(c) The size of the accessory living area shall not exceed the lesser of seven hundred (700) square feet or fifty (50) percent of the principal dwelling.
(d) Exterior changes shall be constructed in a manner that allows for the accommodation of the accessory living area, but also is constructed in a manner that maintains the appearance of the structure as
ly certification from the owner occupied applicant that the family member still resides in the accessory living area is required every year. Once the family member leaves the accessory living area, it must be discontinued. The building inspector will inspect abandoned accessory living areas, without the need of a warrant by providing reasonable notice to the owner occupied applicant on a yearly basis to make such [sure] they stay discontinued.
(d) As per section 7.5 of the Peabody Zoning Ordinance and penalties of perjury, prosecution will be levied against a homeowner who continues to occupy an accessory living area after it has been decertified.
(e) An owner occupied applicant is responsible for recording the first certification with the registry of deeds and providing the city with copies of documentation prior to receiving an occupancy permit. Any accessory living area without proper documentation recorded and filed with the city will be subject to fines as per section 7.5 of the Peabody Zoning Ordinance. This use shall expire upon terms established by the city council or upon the sale of the house whichever precedes.
(f) Amnesty period is offered to those existing accessory apartment dwelling units one (1) year from the adoption of the family accessory living area ordinance.
(g) There will be a seventy-five dollar ($75.00) fee for each yearly inspection. (Ord. of 7-7-94, § 3)
4.8 CONTINUING CARE RETIREMENT COMMUNITIES /REQUIREMENTS
4.8.1 Scope.
Notwithstanding any other provision of this ordinance, the following provisions of this section 4.8 shall apply to all CCRCs and shall supersede any requirements of this ordinance which are inconsistent with them so that in the event of contradictory provisions within this ordinance concerning CCRCs, the provisions of this section 4.8 shall be deemed to govern. (Ord. of 3-19-98, § 3)
4.8.2 Multiple lots.
In the event a CCRC is located on multiple lots which are contiguous to one another, the provisions of this Section 4.8 shall apply to the CCRC as if such multiple lots were a single lot for all purposes of this Ordinance (so that, for example, any setback, yard dept
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ither unit is owner-occupied.
3433. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 800 sq. ft. in gross floor space and shall be located in the principal residential structure on the premises;
3434. The external appearance of the structure in which the accessory apartment is to be located shall not be significantly altered from the appearance of a single-family structure.
3435. Sufficient and appropriate space for at least one (1) additional parking space shall be constructed by the owner to serve the accessory apartment. Said parking space shall be constructed of materials consistent with the existing driveway and shall have vehicular access to the driveway.
3440. Decision. Special permits for an accessory apartment may be granted by the Board of Appeals upon a finding that the construction and occupancy of the apartment will not be detrimental to the neighborhood in which the lot is located and after consideration of the factors specified in Section 9300 of this Zoning Bylaw, governing special permits.
3500. NONCONFORMING USES AND STRUCTURES
3510. Applicability. This Zoning Bylaw shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c. 40A, s. 5 at which this Zoning Bylaw, or any relevant part thereof, was adopted. Such prior, lawfully existing nonconforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.
3520. Nonconforming Uses. The Board of Appeals may issue a special permit to change a nonconforming use in accordance with this section only if it determines that such change or extension shall not be substantially more detrimental than the existing nonconforming use to the neighborhood. The following types of changes to nonconforming uses may be considered by the Board of Appeals:
3521. Change or substan
mit shall be limited to five years, or the transfer of the property, whichever first occurs.
3326. does not include sales at retail of foods or materials unless such goods or materials are made on the premises and no more than 300 square feet shall be utilized for this purpose; unless otherwise allowed by the Table of Use Regualtions.
3400. ACCESSORY APARTMENTS
3410. Purpose. For the purpose of (a) providing small additional dwelling units to rent without adding to the number of buildings in the Town, or substantially altering the appearance of the Town, (b) providing alternative housing options for elder residents, and (c) enabling owners of single family dwellings larger than required for their present needs, particularly elderly homeowners, to share space and the burdens of home ownership, the Board of Appeals may grant a special permit in accordance with the following requirements.
3420. Procedure. Accessory apartments may be allowed by special permit, from the Board of Appeals, in accordance with the special permit process in this Zoning Bylaw, as set forth in Section 9300, and provided that each of the following additional criteria are met.
3430. Conditions.
3431. A plot plan of the existing dwelling unit and proposed accessory apartment shall be submitted to the Board of Appeals, showing the location of the building on the lot, proposed accessory apartment, location of any septic system or sewer line, private well or water line and required parking.
3432. One of the two dwelling units shall be occupied by the owner of the property, except for bona fide temporary absence(s). At the hearing on the application for the special permit, the applicant shall provide an affidavit of intent to occupy one of the two dwelling units. Any special permit for an accessory apartment shall lapse if neither unit is owner-occupied.
3433. Not more than one accessory apartment may be established on a lot. The accessory apartment shall not exceed 800 sq. ft. in gross floor space and shall be located in the pri
ny use permitted as a principal use is also permitted as an accessory use provided such use is customarily incidental to the main or principal building or use of the land. Any use authorized as a principal use by special permit may also be authorized as an accessory use by special permit provided such use is customarily incidental to the main or principal building or use of the land. Any use not allowed in the district as a principal use is also prohibited as an accessory use. Accessory uses are permitted only in accordance with lawfully existing principal uses. In all instances where site plan review and approval is required for a principal use, the addition of any new accessory use to the principal use, where such addition exceeds the thresholds established in Section 9400, shall also require site plan review and approval.
3230. Residential Accessory Uses The following accessory uses are specifically permitted as of right or through a Board of Appeals Special Permit in the Residence Districts, as set forth herein, and shall be maintained in a safe and sanitary manner:
3231. Boarders in Single-Family Dwelling. The renting of rooms and/or furnishing of board to not more than two persons in a single-family dwelling by the owner/occupant thereof shall be a permitted accessory use. The renting of rooms and/or furnishing of board to three or four persons in a single-family dwelling by the owner/occupant thereof shall be allowed as an accessory use upon the grant of a special permit. The renting of rooms and/or furnishing of board to four or more persons shall be deemed a boarding house subject to the provisions of the Table of Use Regulations.
3232. Contractor's yard for the storage of building materials or equipment; provided a special permit is granted.
3233. Commercial landscaping equipment, materials, supplies; provided a special permit is granted.
3234. The overnight parking of commercial vehicles owned or operated by a resident of the premises, subject to the following limitations; nothing herein
erials, supplies; provided a special permit is granted.
3234. The overnight parking of commercial vehicles owned or operated by a resident of the premises, subject to the following limitations; nothing herein shall be construed to authorize a business at the location where such vehicles are parked overnight:
a. one or more commercial vehicle less than 15,000 gvw are allowed as of right;
b. one commercial vehicle of more than 15,000 gvw but less than 35,000 gvw is also allowed as of right;
c. more than one commercial vehicle of more than 15,000 gvw but less than 35,000 gvw is allowed by special permit;
d. any commercial vehicle larger than 35,000 gvw is allowed by special permit.
3240. Prohibited Accessory Uses. The following accessory uses are prohibited:
3241. Unregistered Motor Vehicles. Not more than one (1) unregistered motor vehicle or trailer or major part(s) thereof, except for farm vehicles, shall remain ungaraged upon any premises at any time unless under a Class 1 or Class 2 license for sale of motor vehicles. No unregistered motor vehicle may be stored or maintained upon any premises within fifty (50) feet from a street, public way or way laid out on a recorded plan.
3242. Residence Districts. In the Residence Districts, the following accessory uses are prohibited:
a. Commercial kennels;
b. Commercial auto repair or service.
3300. HOME OCCUPATIONS
3310. Home Occupation - As of Right. A home occupation may be allowed as of right, provided that it:
3311. is conducted solely within a dwelling unit or in a building or other structure accessory thereto, and solely by the person(s) occupying the dwelling as a primary residence;
3312. is clearly incidental and secondary to the use of the premises for residential purposes;
3313. does not produce offensive noise, vibration, smoke, dust, odors, heat, lighting, electrical interference, radioactive emission or environmental pollution in accordance with the provisions of Section 5500;
3314. does not utilize exterior storage of ma
SECTION 3000. USE AND TIMING REGULATIONS
3100. PRINCIPAL USES.
No land shall be used and no structure shall be erected or used except as set forth in the following Table of Use Regulations, including the notes to the Schedule, or as otherwise set forth herein, or as exempted by General Laws. Any building or use of premises not herein expressly permitted is hereby prohibited.
3110. Symbols. Symbols employed in the Table of Use Regulations shall mean the following:
Y.Permitted as of right
N.Prohibited
BA Special Permit/Board of Appeals
PB Special Permit/Planning Board
BOS Special Permit/Board of Selectmen
3120. If Classified Under More than One Use. Where an activity may be classified as more than one of the principal uses listed in the Table of Use Regulations, the more specific classification shall determine permissibility; if equally specific, the more restrictive shall govern.
3130. Table of Use Regulations. SEE APPENDIX A.
3200. ACCESSORY USES
3210. Permitted Accessory Uses in All Districts The following accessory uses are specifically permitted as of right or by special permit:
3211. Accessory Scientific Uses. 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, may be permitted upon the issuance of a special permit by the Board of Appeals, provided that the Board finds that the proposed use does not substantially derogate from the public good.
3212. Family Day Care Homes. Small family day care homes, are allowed as an accessory use as of right in all districts. Large family day care homes are allowed in all districts only upon the issuance of a special permit by the Board of Appeals.
3220. Nonresidential Accessory Uses. Any use permitted as a principal use is also permitted as an accessory use provided such use is customarily incidental to the main or principal building or use of the land. Any use authorized as a principal use
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ithin the Table, all uses are assumed to be:
1) Principal uses as defined in Article 2 of this Ordinance. Accessory uses (also defined in Article
2) customarily associated with a given principal use shall be permitted by right in conjunction with such permitted principal use, unless stated otherwise in the Table (in particular, see categories 4 and 16 of the Table, which regulate certain accessory uses).
2) Conducted within an enclosed building, with the exception of:
A. Parking and loading;
B. Storage of equipment and materials, provided the screening requirements of Article 10 are met;
C. Temporary outdoor display of products and merchandise during operating hours is allowable, notwithstanding the need for license from the Board of Aldermen or any other applicable City agency. NOTE:§7.11 was amended by Ordinance 2000-8 on May 25, 2000.
SECTION 7.11 TABLE OF PERMITTED USES
Adopted 03/23/90; as amended through 03/11/03
,,,,,,,,DISTRICT,,,,,,,,
PRINCIPAL USE (unless specified otherwise),RA,RB,RC,NB,CBD,BA,BB,BPA,IA,IB,IP,IPA,os,UN,PUD-A PUD-B,Legislative Notes
1. RESIDENTIAL USES,,,,,,,,,,,,,,,(12)* (12)*,Sec. 7.11 amended by Ord. 2000-8 on 5/25/00.
a. 1 and 2 family dwelling units (1)*,Y,Y,Y,Y,Y,Y,Y,-,,,,,,Y,- SPSR,Sec. 7.11.1.a amended by Ord. 2002-4 on 4/25/02
b. 3-family dwelling units (1)*,-,Y,Y,Y,Y,Y,Y,,,,,,,,SPSR,Sec. 7.11.1.b amended by Ord. 2002-4 on 4/25/02
*See Footnotes Section 7.12
C. Dwellings, multiple 4-6 units Y SP SP Y Y SPSR SPSR
,,,,,,,,DISTRICT,,,,,,,,
PRINCIPAL USE (unless specified otherwise),RA,RB,RC,NB,CBD,BA,BB,BPA,IA,IB,IP,IPA,os,UN,PUD-A PUD-B,Legislative Notes
7 or more units,-,,SPSR,SPSR,SPSR,SPSR,SPSR,-,,,,,,,SPSR SPSR,
*See Footnotes Section 7.12
d. Town houses
,,,,,,,,DISTRICT,,,,,,,,
PRINCIPAL USE (unless specified otherwise),RA,RB,RC,NB,CBD,BA,BB,BPA,IA,IB,IP,IPA,os,UN,PUD-A PUD-B,Legislative Notes
2 units (1)*,Y,Y,Y,Y,,Y,Y,-,,,,,,Y,SPSR SPSR,
3 units (1)*,-,Y,Y,Y,,Y,Y,-,,,,-,-,-,SPSR SPSR,
4-6 units,-,-,Y,SP,SP,SP,SP,,,-,-,-,-,-,SPSR SPSR,
7 or more units,,-,SPSR,SPSR,SPSR,SPSR,SPSR,,,,,,,,SPSR SPSR,
"e. Mobile homes in service on a temporary basis, for less than one year (2)*",SP,SP,SP,SP,,SP,SP,-,,,,,,SP,,
ARTICLE 7: PERMITTED USES
Section 7.1. Applicability.
No land shall be used and no structure shall be erected or used except in compliance with the provisions of this Ordinance and as set forth in the TABLE OF PERMITTED USES, or as permitted by Article 4, Nonconforming Uses and Structures. Nothing contained in this Article will be construed to apply to uses of land or structures used for educational or religious purposes if doing so would violate MGL Chapter 40A, Section 3.
Section 7.2. Principal Structure.
In Residence A and Residence B districts, no more than one principal structure per lot shall be permitted except by special permit with site plan review as authorized by the SPGA in Section 5.2. See Section 9.9 regarding access requirements for buildings.
Section 7.3. Maximum Dwelling Units Per Lot
In Residence A districts, the maximum number of dwelling units per lot shall be two (2) units, except where conversion for up to three (3) dwelling units is authorized by special permit under Section 7.11. In Residence B districts, the maximum number of dwelling units per lot shall be three (3) units.
In Residence A and Residence B districts, where developments include a minimum of ten percent (10%) affordable housing units on-site, but in no case less than one (1) affordable unit, as defined by Section 2.2.4., the above standards may be waived by the SPGA through application for special permit with site plan review. In all cases, the minimum lot area per dwelling unit and other dimensional and parking requirements of Article 8 and Article 9 shall be met.
Section 7.4. Lots in Two Districts.
Land in a more restrictive zoning district may supply space for a use permitted in a less restricted zoning district if the use of the land in the more restrictive district satisfies space and passive use requirements (such as setbacks, landscaping or parking) that are not prohibited in the more restrictive district.
Section 7.5. Lots in Two or More Municipalities.
When a lot in single ownership is situated in part in the City of Somerville and in part in an adjacent city or town, the regulations and restrictions of this Ordinance shall be applied to that portion of such lot as lies in the City of Somerville in the same manne
ion or other in-lieu means of compliance with this Article may be approved by the SPGA only in strict accordance with the provisions of this Article authorizing such alternative means.
Section 13.2. Applicability.
The provisions of this Article shall apply to all residential developments seeking special permits with site plan review to develop eight (8) or more dwelling units, whether new construction, substantial rehabilitation, Planned Unit Development, residential conversion, or adaptive reuse. Developments shall not be segmented or phased in a manner to avoid compliance with these provisions. No provisions of this Article shall substitute for any other provisions of this Ordinance.
Nothing contained in this Article shall be construed to apply to the use of land or structures for religious or educational purposes in the University District or in any other district if doing so would violate the applicable provisions of M.G.L. Chapter 40A, Section 3. NOTE: § 13.2 was amended by Ordinance 2000-5 on September 28, 2000 and Ordinance 2000-8onMay25, 2000. Also: § 13.2 was amended by Ordinance 2002-4 on April 25, 2002.
Section 13.3. General Requirements.
NOTE: § 13.3 was amended by Ordinance 2000-5 on September 28, 2000.
13.3.1. Implementation Plan.
Those developers seeking special permits with site plan review for projects subject to compliance with this Article shall submit a full, written proposal of the methods to be used in providing affordable dwelling units that conform with all requirements herein. At the time of application for a special permit with site plan review for inclusionary housing, the applicant shall submit, for SPGA review and approval, an implementation plan in accordance with the Rules and Regulations established under Section 13.7.1., and shall include, at minimum:
a) the methods of disposition of the affordable housing units,
b) provisions for the selection of buyers or tenants of the affordable units,
c) plans for income verification of tenants and/or buyers,
d) plans for management of units, particularly with respect to maintenance and ensurance of long-term a
of low-income affordable units will be maintained in the development and made available for sale to low moderate and moderate-income households as defined in this Ordinance NOTE: § 13.3.5.8 was amended by Ordinance 1991-1 on January 10,1991.
13.3.6. Long-term Affordability.
Units required by and provided under the provisions of this Article shall remain affordable to the designated income group in perpetuity, or for as long as legally permissible. Sales prices, resale prices, initial rents, and rent increases for the affordable units shall be restricted by legally permissible instruments such as, but not limited to, deed covenants or restrictions, contractual agreements, or land trust arrangements to ensure long-term affordability and compliance with this Article.
The SPGA, or its designee (Office of Housing and Community Development or other entity), shall require that buyers or lessees of affordable units meet income and other certification requirements initially and then upon any subsequent resale or renewal of lease terms (at least annually), with income based on the provisions of Section 13.3.2. The SPGA or its designee may require a developer or property owner renting directly to low and low moderate-income tenants to submit an annual statement and documentation as to the rental income derived from the affordable housing units. In the longer term, a developer or owner shall be responsible for reporting compliance to the enforcement entity(-ies) established per Section 13.7.1. of this Article. The SPGA shall administer these provisions through Rules and Regulations established under Section 13.7.1. herein.
Section 13.4. Alternative Methods of Compliance.
13.4.1. Establishment and Finding of Need.
Though it is intended that affordable units be included on-site in a subject development, the SPGA may authorize or require that the provisions of this Article be met through an alternative method(s) of compliance in cases where there is establishment of a need(s) including, but not limited to:
a) a finding that provision of on-site units is not in the best interest of the City and low/moder
w, or Planned Unit Development review. A by-right use must, however, comply with applicable dimensional standards of this Ordinance. NOTE: §2.2.25 was amended by Ordinance 1991-1 on January 10, 1991.
2.2.26. CARPORT . A roofed structure, unenclosed on two or more sides, which may serve as a shelter for motor vehicles.
2.2.27. CELLAR . See "Basement."
2.2.28. CHANGE IN USE . A change in type of use of a structure or land, whether temporary or permanent, which would fall into a different category in the Table of Uses, shown therein as an enumerated or lettered line item separate from the enumerated or lettered line item that categorizes the previous (existing) use.
2.2.29. CLINIC . A place for the examination and treatment of persons as outpatients by more than one physician or dentist or other health professional.
2.2.30. COMMERCIAL . See "Business".
2.2.31. COMMUNITY OR GROUP RESIDENCE . A residential use of four (4) or more unrelated individuals occupying a dwelling unit and living as a single housekeeping unit, if said occupants are handicapped persons as defined in Title VIII of the Civil Rights Act of 1968, as amended by the Fair Housing Amendments Act of 1988. This act defines "handicap", with respect to a person, as: 1) a physical or mental impairment which substantially limits one or more of such person's major life activities, 2) a record of having such an impairment, or 3) being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance. NOTE: The current "Community or Group Residence" definition under §2.2.31 was adopted by Ordinance 1991-10, on August 22, 1991. This replaced the previous definition and previous "Appendix A"of the SZO.
2.2.32. CONGREGATE HOUSING . A form of housing in which each individual or two (2) person family is provided with separate quarters which contain living and sleeping space and which may contain kitchen and bath facilities. Each such living space shall be considered the equivalent of one (1) dwelling unit. Such housing shall also contain common din
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ARTICLE 5. DEFINITIONS
For the purpose of this ordinance and unless the context of usage clearly indicates another meaning, the following terms shall have the meanings indicated herein; words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the words "used" or "occupied" include the words "designed", "arranged", "intended", or "offered", to be used or occupied; the words "building", "structure", "lot", "land", or "premises" shall be construed as though followed by the words "or any portion thereof", and the words "shall" is mandatory and directory, and "may" is permissive. Any word indicating gender, such as he or she, shall be construed to mean both genders.
Terms and words not defined herein but defined in the Commonwealth of Massachusetts Building Code shall have meanings given therein unless a contrary intention clearly appears. Words not defined in either this ordinance or the State Building Code shall have the meaning given in the most recent edition of Webster's Unabridged Dictionary. Uses listed in the Table of Use Regulations under the categories "Commercial" and Industrial" shall be defined by the Standard Industrial Classification Manual published by the U.S. Bureau of Census.
The defined words and phrases are as follows:
ACCESSORY APARTMENT shall mean a separate, complete dwelling unit which is; (a) contained substantially within the structure of a one-family dwelling unit, is served by a separate entry/exit and can be isolated from the principal one family dwelling unit, or (b) contained entirely within an accessory building located on the same lot as a one-family dwelling.
ACCESSORY BUILDING OR STRUCTURE shall mean a building or structure incidental and subordinate to a principal building or structure and customarily used to serve the purposes of that principal building. A building is accessory only where a principal building exists on the same lot.
ACCESSORY USE shall mean a use customarily incidental to and located on the same lot with the principal use.
ADULT B
b) above.
(c) Parking or outside storage not capable of being located and screened as required by 4.1.1 (b) above.
(d) Parking of vehicles other than as allowed under 4.1.1 (d) above.
(e) Activity likely to result in more traffic allowed under 4.1.1 (e) above.
(f) Use of an existing accessory structure for other than parking or incidental storage.
(g) Storage or equipment or materials on premises other than the residence of the operator. Such special permit shall be granted only if the Board of Appeals determines that the activities will not create hazard, disturbance to any abutter, or injury to the neighborhood, and will not create unsightliness visible from any public way or neighboring property. Such special permit shall impose conditions and limitations as necessary to protect abutting properties and the public, including the limitation that the home occupation authorized by the special permit may not be transferred to a different operator without a new special permit, that the occupation shall be subject to compliance review by the Building Inspector at periods specified in the special permit, and that such special permit may be revoked by a majority vote of the Board of Appeals at any time after notice and hearing, upon the Board's determination that the terms of the special permit are being violated.
4.1.3 Enforcement
(a) A certificate of Use and Occupancy must be obtained from the Building Inspector indicating compliance with these requirements prior to initiation of a home occupation.
(b) Any person may request enforcement of these provisions by the Building Inspector where a violation is believed to exist, as provided in Chapter, 40A, section 7, Massachusetts General Laws, as amended, and if dissatisfied with the outcome, such person may bring an appeal to the Board of Appeals for hearing and action as provided in Chapter 40A, section 8, Massachusetts General Laws, as amended.
4.2 MULTIFAMILY DEVELOPMENT
4.2.1 Procedures Applications for a special permit for multifamily dwellings shall be ac
ARTICLE 4. SPECIAL REGULATIONS
4.1 HOME OCCUPATIONS
4.1.1 Allowed Occupations Home occupations shall be allowed without need for a special permit only if meeting all of the following:
(a) The occupation shall be operated by a person residing on the premises. At no time shall there be more than one employee present on the premises who is not also a resident thereon.
(b) There shall be no evidence of the occupation through persistent or excessive sound, or through vibration, smell, or sight discernible at the boundaries of the premises, except for a sign as permitted by Section 3.1 or for display of produce raised on the premises.
(c) Any exterior storage of materials or equipment or business-related parking shall be so located and so screened (through location, grade, or vegetative screening), as to be in compliance with (b) above.
(d) Not more than two vehicles requiring registration as taxis, buses, or commercial vehicles shall be regularly parked outdoors on the premises.
(e) Traffic generated shall not be more disruptive to the neighborhood than traffic normally resulting from residential development considering volume, type, hours, and other traffic characteristics.
The occupation shall be conducted within a dwelling, with no use of accessory structures except for parking or incidental storage in an existing accessory structure.
4.1.2 Occupation on Special Permit A special permit from the Board of Appeals may authorize any or all of the following for a home occupation:
(a) Employment on the premises of two or more persons not resident thereon. Not more than there such persons shall be authorized except when, because of the circumstances of the location or the occupation, such additional employment will not adversely affect the neighborhood.
(b) Reasonable modification of the limitation in 4.1.1 (b) above.
(c) Parking or outside storage not capable of being located and screened as required by 4.1.1 (b) above.
(d) Parking of vehicles other than as allowed under 4.1.1 (d) above.
(e) A
consistent with the rate of residential growth over the last seven (7) calendar years, to phase growth so that it will not unduly strain the community's ability to provide basic public facilities and services, to provide the town, its boards and its agencies information, time, and capacity to incorporate such growth into the Master Plan for the community, as may be amended, and to preserve and enhance existing community character and the value of property.
4.3.2 General. Beginning on May 11, 1998, building permits for not more than thirty (30) dwelling units shall be issued in each of the fifteen full calendar years following said date, for the construction of new residential dwelling in the town of Sterling. This provision shall apply to any tract of land divided pursuant to any provision of G.L. c.41, ss.81K - 81GG, the Subdivision Control Act subsequent to such date. This provision shall apply to any proposed division or combination of properties which were in the same ownership and contiguous as of such date. For the purposes of this section, an accessory apartment pursuant to Section 2.3.4 shall constitute a dwelling unit.
4.3.3 Procedures. Any building permits issued shall be issued in accordance with the following procedures:
1. 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 and shall require new submittal.
2. The Building Inspector shall mark each application with the time and date of submittal, and shall act on each application in a timely manner.
3. At the end of the calendar year in which 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 tenth of January of the succeeding calendar year that the applicant desires the application to remain in effect, the Building Inspector shall treat said application in accordance with subsection 4.3.3(1), above.
4.3.4 Special Permi
N.-An excluded or prohibited use
SP -A use authorized under special permit from the Board of Appeals as provided under Section 6.3
PB - A use authorized under special permit from the Planning Board as provided under Section 6.3
2.2.2 Applicability. When an activity might be classified under more than one of the following uses, the more specific classification shall govern; if equally specific, the more restrictive shall govern.
2.2.3 Accessory Buildings and Uses. Allowed accessory uses are limited to (a) uses customarily accessory and incidental to permitted principal uses, and (b) uses that are permitted as principal uses within the zoning district and that are clearly subordinate and incidental to the principal use on the lot. Accessory uses are permitted only in accordance with lawfully existing principal uses; provided, however, that uses accessory to principal uses which are nonresidential in nature shall be permitted only upon the issuance of a special permit by the Planning Board. An accessory use may not, in effect, convert a principal use to a use not permitted in the zoning district in which it is located. Where a principal use is permitted under special permit, its accessory use is also subject to the special permit. In all instances where site plan review and approval is required for a principal use, the addition of any new accessory use to the principal use, where such addition exceeds the thresholds established in Section 6.4, such addition such also require site plan review and approval.
2.2.4 Non-conforming Uses and Structures.
1. Applicability. This zoning by-law shall not apply to structures or uses lawfully in existence or lawfully begun, or to a building or special permit issued before the first publication of notice of the public hearing required by G.L. c.40A, s.5 at which this zoning by-law, or any relevant part thereof, was adopted. Such prior, lawfully existing non-conforming uses and structures may continue, provided that no modification of the use or structure is accomplished, unless authorized hereunder.
2. Non-conforming Uses. The Board of Appeals may award a special permit to change a non-conforming use in accordance with this section on
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, the permit shall lapse, and be null and void. if occupancy of the said additional living area is then desired by another family member of the owner or owners, a new application for a Special Permit authorizing such occupancy shall be made. It is the intention of this provision that such additional living area shall not be used as an apartment for hire, but only as a convenience for a member of the owner's family, under special circumstances. Adopted Special Town Meeting, April 25,1983. Art. 40.
TRAILER : Any vehicle which is immediately portable, and is arranged, intended, designed, or used for sleeping, eating, or temporary business use in conjunction with construction, or is a place in which persons may congregate including a house trailer or camper. Trailer and Recreational Vehicle: A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation and/or vacation. Added by action of Town Meeting, April 24,1978, Article #60.
USE : The purpose for which a structure or lot is arranged, designed, or intended to be used, occupied, or maintained.
USE, ACCESSORY : A use incidental and subordinate to the principal use of a structure or lot, or a use, not the principal use, which is located on the same lot as the principal structure. Accessory use by area shall be interpreted not to exceed 40 percent of the area of the total use of the structure or lot on which it is located, but this area limitation shall not be applicable either to:
(i) accessory off-street parking and loading spaces, whether or not in excess of that required in Section VIII,
(ii) Accessory filling of water, wet area or depression, or
(iii) accessory removal of gravel, sand, or other earth material incidental to and in connection with the construction of a building or a lot. Amended by action of Town Meeting, April 28,1980, Article #6.
USE, NONCONFORMING : A use lawfully existing at the time of adoption of this By-Law or any subsequent amendment thereto, which does not conform to one or more provisions
10% percent of thy total number of dwelling units at any one time be units of 3 or more bedrooms;
b) Multistory parking structures, provided that the structure complies with the design standards for parking structures identified in this by-law, as amended;
c) Artist studio/residence;
d) Retail stores and offices including, but not limited to salesrooms and showrooms, consumer service establishments, business and professional offices, executive and administrative offices, banks and other financial institutions;
e) Drive-in automatic teller machines only if located in a secondary "kiosk" style building that is detached from the principle building on the site and the principle building includes 2 or more stories;
f) Restaurant and other on-premises eating and drinking establishments.
[4.2] Prohibited Uses
a)The following uses are prohibited in the Overlay District:
i) Adult Entertainment Establishment;
ii) Drive-in establishments other than those described in the permitted uses section of this by-law;
iii) Funeral establishments;
iv) Animal or veterinary hospital;
v) Sale of new or used automobiles and trucks, automobile tires and other accessories, aircraft, boats, motorcycles, and household trailers;
vi) Automotive repair, automobile service station or garage, including the sale of gasoline;
vii) Storage trailers and outdoor storage of goods associated with a commercial use;
viii) Dwelling units located below ground level.
b)Within SCMUOD Area B, the following uses shall be prohibited:
i) Retail
ii)Eating and Drinking Establishments
[4.3] Special use provisions: Ground floor uses
a) Ground floors of buildings fronting streets or public access ways shall be reserved for commercial uses except as specified below.
b) Dwelling units shall be allowed on ground floors of buildings only where:
the building i
SECTION VI DIMENSIONAL AND DENSITY REGULATIONS
A. Applicability of Dimensional and Density Regulations.
The regulations for each District pertaining to minimum lot area, minimum lot frontage, minimum lot depth, minimum front yard depth, minimum side yard depth, minimum rear yard depth, maximum height of buildings, maximum number of stories, maximum building area, minimum open space shall be specified in this Section and set forth in the Table of Dimensional and Density Regulations, and subject to the further provisions of this Section.
B. Table Of Dimensional And Density Regulations.
See Table on accompanying pages plus attached notes, which is declared to be a part of this By-Law.
C. Reduction of Lot Areas:
The lot, yard areas or open space required for any new building or use may not include any part of a lot that is required by any other building or use to comply with any provisions of this By-Law, nor may these areas include any property of which the ownership has been transferred subsequent to the effective date of this By-Law, if such property was a part of the area required for compliance with the dimensional regulations applicable to the lot from which such transfer was made.
D. Separation of Lots.
Lots shall not be so separated or transferred in ownership so as not to comply with the provisions of this by-law.
E. Buildings in Floodway.
A building shall not be erected in a floodway or any area subject to periodic flooding, except if the first floor elevation is higher than the highest flood recorded, unless such flood elevation shall have been reduced by construction of dams at headwaters, or by other means.
F. Accessory Buildings and Structures.
In "R" and "B" Districts, a detached accessory building or structure shall conform to the following provisions: it shall not occupy more than 25 percent of the required rear yard; it shall be set back from the street line the required front yard distance for the zone in which it is located; it shall not be less than 5
SECTION V USE REGULATIONS
A. Applicability of Use Regulations.
Except as provided in the Zoning Act or in this by-law, no building, structure, or land shall be used except for the purposes permitted in the district as described in this Section. Any use not listed shall be construed to be prohibited.
B. Permitted Uses.
In the following Table of Use Regulations the uses permitted by right in the district shall be designated by the letter (P). Those uses that may be permitted as an exception by special permit in the district, in accordance with Section X-K, shall be designated by the letter (S). Uses designated (-) shall not be permitted in the district.
C. Uses Subject to Other Regulations.
Uses permitted by right or by special exception shall be subject, in addition to use regulations, to all other provisions of this by-law.
D. Table of Use Regulations.
See table of accompanying pages which is declared to be part of this by-law.
TABLE OF DIMENSIONAL AND DENSITY REGULATIONS
District,Use,Minimum l ol Area (sq ft ),Minimum I of Width (ft),Minimum of Frontage (ft),Minimum of Depth (f) ),Minimum Front (II),Yard Side (ft),Rear (ft,Maximum Height (f) ),Maximum Stories (No ),Maximum Building Area (%),Minimum Open Space (%)
R M,Multi Family Apartment House Multi family Row House (Town House Condominium) Two Family Dwelling Any other permitted use (5),2 000 sq ft per dwelling unit + 2 000 sq ft per bedroom per dwelling unit (7),150(5) 100(5),150(5) 100(5),80,25,10(2),30,40,4,- 30,30
10) RU,Two Family Dwelling,35 000 (7),120(5),120,100,25,15(1),40,35,25,30,50
,Single Family Dwelling,25 000(7),80,80 (5),80,25,15,40,35,25,30,50
,Any other permitted use,35 5000(7),120(6),120(G),80,25,15,40,35,25 5,30,50
10) RC,Any permitted use,40 000(7),100,100(5),120,35,15,40,35,3,25,50
10) RB,Any permitted use,55 000(7),125,125(5),140,40,20,40,35,25,20,50
10) RA,Any permitted use,"55,000 (9)",150,150(5),180,40,20,50,35,2 5,20,50
CBU,Any permitted use,2 500,20,20,75,0,0,10,40,3,90,0
GB,Any permitted use,10 000 (7),50,50,75,15,5,30,40,3,70,10
NB,Any permitted use,10 000 (7),50,50,75,15,5,30,30,2 5,50,20
HB,Hotel and Molel,20 000 + 3 000 per unit (7),80,80,100,20,15,40,40,4,40,30
,Any permitted use,20 000 (7),80,80,100,20,15,40,85(8),6(8),40,30
I Amended,Any permitted use by action of Town Meeting April 30,80 000 (7) 1979 Article 27,125,150,125,25,20,40,40,4,50,25(3)
R M Previous amendment voted June 17 1981 Article 16
(7) Amended by action of Special Town Meeting November 12 1996 Article 6
(8) Amended by action of Special lown Meeting on May 5 1997 Article #9 ID 29
(6) Amended by action of Annual Town Meeting April 24 1989, Article 42
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eafter, by the City Clerk. Upon re-application by the record owner, the City Clerk shall review the Permit only if the conditions which led to its original granting still exist and all other requirements which apply to an original application are met. The City Clerk may consult the Building Inspector, the Planning Department, or other appropriate City agency with concern to the re-application process described above.
11.The temporary Conditional Permit for an accessory apartment, and any renewal of said temporary Conditional Permit, shall terminate:
1. Upon the death of the designated occupant; or
2. Upon the change of residence of the designated occupant; or
3. Upon the transfer of ownership of the premises, if such transfer is unrelated to the issuance of the temporary Conditional Permit; or
4. Upon the expiration of the permit period set forth above.
The City Clerk shall notify the Building Inspector of any change of occupancy. Following termination of said temporary Conditional Permit, the designated occupant (of the accessory apartment) shall have ninety (90) days to relocate; the kitchen built as a result of the temporary Conditional Permit shall be removed by the owner ninety (90) days after the designated occupant leaves. The house will then revert to a single-family residence. 1. - 11. Rev. 6-26- 87)
Commercial Mobile Radio Service transmission facilities, structures, and/or towers are allowed by Special Permit (Ord. No. 115, 6-11-96).
D Special Provisions for Congregate Housing for Elderly and/or Permanently Disabled
1. A Special Permit may be granted by the Planning Board in any Residential District for "Congregate Housing for Elderly and/or Permanently Disabled" to permit the following:
All residential developments associated with Congregate Housing for Elderly and/or Permanently Disabled,
Commercial uses associated with the functioning of Congregate Housing subject to specific, special requirements listed in Section 29- 24.C. below.
2. Building and Area Requirements
a. Minimum lot area: 20 acres
b. Minimum
C Special Provisions for Accessory Apartments
Notwithstanding provisions in this Chapter to the contrary, the Zoning Board of Appeals may consider the granting of a temporary Conditional Permit use for the alteration of an existing, single-family residence to include an Accessory Apartment in any residential zone, subject to the following provisions:
1. An accessory apartment may be permitted to accommodate a person to live in proximity to, but with independence from, a relative.
2. The application shall designate the individual who is to occupy the accessory apartment. The temporary Conditional Permit shall be issued to the owner of the property.
3. The alterations shall be limited to only one building, which shall be the main building on the property, and any major changes shall be within the existing structure.
4. There shall be no more than two (2) dwelling units on said property, including an accessory apartment.
5. The owner of record shall reside in one of the two dwelling units, which shall be said owner's principal residence.
6. Both the existing dwelling unit and the accessory apartment shall comply with the minimum size requirements mandated by this Ordinance.
7. The accessory apartment shall be a self-contained dwelling unit with separate cooking, sanitary and sleeping facilities for the exclusive use of the designated occupant.
8. The dwelling unit shall have only one front entrance, when practical.
9. The two dwelling units shall contain no more than four (4) bedrooms and one (1) bedroom, respectively, unless the existing single-family residence has more than five (5) bedrooms, in which case the existing number of bedrooms shall be maintained as the total of both units.
10. The temporary Condition Permit, if granted, shall run for a period of four (4) years and may be renewed every four (4) years thereafter, by the City Clerk. Upon re-application by the record owner, the City Clerk shall review the Permit only if the conditions which led to its original granting still exist and all other requirements which
operty owners based on demonstrable fact.
f. That adequate and appropriate City services are or will be available for the proposed use.
3. Site Plan Review by the Planning Board will be required for any project for which a Special Permit is necessary. See Section 29-29.c. for procedures and filing requirements. (Rev. 7-1-92)
4. In granting approval of an application for a Special Permit use, the Special Permit granting authority may attach all reasonable and necessary conditions to assure that the uses of surrounding properties are adequately safeguarded and that the intent of the Comprehensive Plan and this Ordinance are maintained.
5. Construction or operations under a Special Permit shall conform to any subsequent amendment of this Ordinance unless the use or construction is commenced within a period of six months after the issuance of the permit, and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.
6. A Special Permit shall lapse after two years, and including such time required to pursue or await the determination of an appeal, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause.
7.The Special Permit Granting Authority shall adopt rule and regulations relative to the issuance of special permits. A copy of the Rules and Regulations are filed with the City Clerk.
D Variances
1.The Board of Appeals may grant variances, including variances for use in any non-residential district, (but no use variance may be granted in any "R" districts), to the strict application of any of the requirements of this Ordinance only for reasons of practical difficulty and demonstrable and substantial hardship, financial or otherwise, to the appellant, and only where the Board finds that: (Rev. 6-26-92)
a. There are sp
ssenger terminal.
17. Accessory buildings and uses required for and clearly incidental to the principal building or use are permitted.
18. Those uses allowed by right under Section 29-6.
C. Uses by Special Permit
The following uses are only allowed by Special Permit, granted by the Planning Board:
1. Multi-family dwelling or apartment house in which the residential use comprises from 76% to 100% of the total floor area of the building, subject to the requirements of Section H below. (Rev. 6- 26-87)
2. Rooming, lodging, or boarding house.
3. Gymnasium, health club, commercial swimming pool.
4. Other private or quasi-public club, charitable institution, or community service organization except where the chief activity is a service customarily carried on as a business.
5. Commercial marina for the sale, mooring, and rental of boats.
6. Private, non-commercial stable.
7. Hotel or motel.
8. Place of commercial recreation such as a theater, bowling alley, roller skating rink or ice skating rink where the use is conducted entirely indoors. For purposes of this subsection, the term commercial-indoor recreation does not include those uses regulated by M.G.L. Chapter 140, Section 183A. (Rev. 5-20-93)
9. Essential public services such as transformer stations, substations, pumping stations, automatic telephone exchanges not including outdoor vehicle or equipment storage.
10. Parking lots or garages as principal use of the lot.
11. Those uses, including accessory uses, allowed by Special Permit under Section 29-6.
12. Commercial mobile radio service transmission facilities, structures, and/or towers (Ord. No. 115, 6-11-96)
The following uses are only allowed by Special Permit, granted by the Board of Appeals:
1.Bed and Breakfast establishments. (Rev. 3-19-91)
D. Building and Area Requirements
1. Commercial uses, residential uses or combined commercial/residential uses on "
his Section and the Subdivision Control Law.
J. Submission Requirements and Procedures for Special Permit
For any development that requires a Special Permit under this Section, the Planning Board shall be the Special Permit Granting Authority. Application, review and decision procedures shall be in accordance with Section 29-28(C) and the Planning Board's Affordable Housing Regulations.
K. Phased Construction
Affordable units shall be constructed or otherwise provided in proportion to market-rate units. Proportionality shall be determined by the number of building or occupancy permits issued for affordable and market-rate units, or lot releases, as applicable. Affordable units shall not be the last units to be built in any development covered by this Section.
L. Selection of Affordable Unit Purchasers or Renters
The selection of purchasers or renters for affordable units shall be carried out under an affirmative marketing plan approved by the City Planning Director prior to the issuance of any building permits for the development.
M. Preservation of Affordability
1. Affordable units provided under this Section shall be subject to an affordable housing restriction that contains limitations on use, occupancy, resale and rents, and provides for periodic monitoring to verify compliance with and enforce said restriction. The affordable housing restriction shall run with the land and be in force in perpetuity or for the maximum period allowed by law, and be enforceable under the provisions of Chapter 184, Section 26 or Sections 31-32 of the Massachusetts General Laws.
2. The applicant shall be responsible for preparing and complying with any documentation that may be required by DHCD to qualify affordable units for listing on the Chapter 40B Subsidized Housing Inventory as LIP units.
3. For a development that provides on-site or off-site affordable units:
a. No building permit shall be issued until the applicant executes an enforceable agreement with the City and provides evidence acceptable to the Planning Director that the agreement ha
If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority?
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SECTION 12 SPECIAL PERMIT GRANTING AUTHORITY
A. PURPOSE OF REGULATIONS
The purpose of these regulations is to describe the Special Permit Granting Authority under this Zoning By-law.
B. DESIGNATION OF SPECIAL PERMIT GRANTING AUTHORITY
The Special Permit Granting Authority shall be that Board designated to issue special permits for a particular use, building, or structure, as set forth under this Zoning By-law.
C. POWERS AND DUTIES
1. The Special Permit Granting Authority shall hear and decide applications for special permits for uses as provided in this Zoning By-law.
2. Each Special Permit Granting Authority shall adopt rules, not inconsistent with this Zoning By-law for the conduct of its business, including procedures for filing applications and petitions; holding public hearings; obtaining review by other Town boards, agencies, and outside consultants, before and after construction of a use, and including the design specifications for such use; and making decisions
hority (BHA) or other agency qualified by the Board of Selectmen shall perform the income verification of the qualified affordable housing unit purchaser or tenant.
The BHA or other agency qualified by the Board of Selectmen shall be responsible for the long term monitoring of these dwellings.
The dwellings built under this provision shall be adequate to accommodate a family of three or more. Interior features of affordable units shall comply in all respects to the minimum design and construction standards set forth in Massachusetts' Local Initiative Guidelines of the Division of Housing and Community Development, July 1996 or as amended.
There shall be no further exception to the dimensional relief provided by this by-law. Failure to meet any provision shall result in the outright invalidation of these exceptions. Lots which require variances in addition to the relief outlined here shall not qualify under this provision.
The BHA or other agency qualified by the Board of Selectmen shall administer purchaser or tenant selection. The town reserves the right to apply a local preference in the selection process.
Unless described herein all other district restrictions shall apply to the applicable lot(s).
The SPGA may condition the granting of this special permit to address any potential impacts on the surrounding neighborhood.
(b) Assisted living residence Required Findings:
The minimum lot size is five acres in the residential districts and three acres in the business and industrial districts
The density is 12 units/acre
Buildings are set back a minimum of 50 feet from all property lines and no building is closer than 200 feet to an existing residential dwelling
The minimum lot frontage is 150 feet
The maximum lot coverage is 25%
There is one parking space for each employee on the maximum shift and one parking space for every three assisted living units
Adequate site circulation is provided to and from the site, taking into consideration the adjacent sidewalks and streets and the accessibility of the site and buildings thereon for emergen
it Granting Authority shall be in accordance with the Board's rules and M.G.L., ch. 40A, § 11, as amended.
D. CONFORMANCE TO SUBSEQUENT AMENDMENTS
1. Construction on or use of property under a special permit shall conform to any subsequent amendment of this Zoning By-law unless the use or construction is commenced within six months after the issuance of a building permit, or where a building permit is not required, after the issuance of a use and occupancy permit, and in cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.
2. A use is commenced on land or within a building once activity has begun under a use or occupancy permit. Construction is commenced upon completion of any foundation and continuation of construction thereafter in accordance with an issued building permit, or in the case of a structure, upon beginning construction of a structure in accordance with an issued building permit.
3. A special permit shall lapse within two years from the granting thereof or such shorter time as specified in said special permit, 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. Such period shall be extended by the time required to pursue or await determination of a court appeal.
E. EFFECTIVE DATE
Any special permit issued by the Special Permit Granting Authority shall not be in effect until recorded at the Middlesex North Registry of Deeds at the expense of the applicant.
The Inspector of Buildings shall issue neither a use or occupancy permi
SECTION 16 ADMINISTRATION AND ENFORCEMENT
A. INSPECTOR OF BUILDINGS
This Zoning By-law shall be administered and enforced by the Inspector of Buildings, as provided in M.G.L., Ch. 40A, § 7, as amended.
B. ISSUANCE OF BUILDING AND USE AND OCCUPANCY PERMITS
1. No building permit or use and occupancy permit shall be issued until the buildings, structures, their uses, primary and accessory, and uses of land comply in all respects with this Zoning By-law. All buildings, structures, or uses subject to conditions, safeguards, or limitations of a special permit, variance, or administrative appeal must comply with such conditions, safeguards, or limitations before the Inspector of Buildings can issue a building or use and occupancy permit. If security is required by any Town board to ensure compliance with any condition, safeguard, or limitation, the Inspector of Buildings can issue a building permit or use and occupancy permit when, in the opinion of the Inspector of Buildings, the security is sufficient to ensure full compliance with such conditions, safeguards, or limitations.
2. Notwithstanding any language or conditions in this Zoning By-law, the use of materials or methods of construction of buildings or structures is regulated by the State Building Code, 780 CMR.
3. As a prerequisite to the issuance of a building or use and occupancy permit, an applicant shall provide the following to the Inspector of Buildings:
a. a properly completed pre-application with all required approvals;
b. an approved permit for vehicle access curb and sidewalk openings from the appropriate Town authority;
c. a valid sewage disposal permit issued by the Board of Health for all new buildings, structures, or uses, or additions thereto, that will not be serviced by Town sewer or in the case of connection to the Town sewer, a valid Town Sewer Connection Permit;
d. the book and page of the recorded deed for the owner of record;
e. a copy
SECTION 13 SPECIAL PERMITS
A. PURPOSE OF SPECIAL PERMIT REGULATIONS
The purpose of these regulations is to describe the requirements for issuance of a special permit.
B. FILING AN APPLICATION FOR A SPECIAL PERMIT
All applications for a special permit to the Special Permit Granting Authority shall be in writing on required forms; shall contain the required information; and shall be reviewed by such other boards, agencies, and agents as prescribed by the Special Permit Granting Authority in its rules for the conduct of its business.
C. REQUIREMENTS FOR ISSUANCE OF A SPECIAL PERMIT
1. The Special Permit Granting Authority may issue a special permit for all uses permitted by special permit under this Zoning By-law, if it finds that the use is:
a. In harmony with the general purpose and intent of this Zoning By-law; and
b. In compliance with all other requirements set forth in this Zoning By-law for issuance of a special permit for such use.
2. To carry out the purposes and objectives of this Zoning By-law the Special Permit Granting Authority may:
a. subject special permit applications to review by other boards, agencies, officers, and outside consultants as set forth in its rules on file with the Town Clerk;
b. grant special permits subject to appropriate conditions, safeguards and limitations on time or use; and
c. require security to ensure compliance with all conditions, safeguards, and limitations.
3. All notices of public hearings by the Special Permit Granting Authority shall be in accordance with the Board's rules and M.G.L., ch. 40A, § 11, as amended.
D. CONFORMANCE TO SUBSEQUENT AMENDMENTS
1. Construction on or use of property under a special p
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SECTION 7.0 FINAL ACTION
7.1 The Planning Board's final action shall consist of either:
a.)approval of Special Permit as suitable and in compliance with the criteria of these Rules and Regulations.
b.) approval of the Special Permit, with any conditions, modifications, and restrictions as the Planning Board may deem necessary.
c.) a written rejection, stating the reasons for denial
SECTION 8.0 ENFORCEMENT
8.1 The Special Permit will elapse within two years of date of issuance,
8.2 The Planning Board may periodically amend or add rules and regulations relating to
ighborhood;
(h) the impact of the proposed use on adjacent properties and the neighborhood; and
(i) any other criteria specified by other sections of this Bylaw, applicable to the proposed use.
7.8.2.2 The provisions of section 7.8.2.1 shall not apply to special permits issued under sections 4.11.4.3, 6.1.1.2(b), 6.6, 8.6.5, and 8.8.3.
7.8.2.3 The SPGA may impose such conditions on the special permit as it deems necessary to protect the Town, the public, or other properties in the area from detrimental impact. The conditions that may be imposed include, but are not limited to, conditions relating to noise, traffic control, dust control, sanitation, number of occupants, hours of operation, deliveries, water quality testing and monitoring, police details, and performance bonds.
7.8.3 Miscellaneous Provisions
7.8.3.1 The SPGA shall issue special permits in accordance with M.G.L., Ch. 40A, § 9. In deciding whether to issue a special permit, the SPGA shall consider any comments or recommendations submitted by other town departments, boards, or commissions.
7.8.3.2 The SPGA may, after notice and hearing, adopt rules and regulations specifying the content and number of required plans, application procedures, filing and review fees, design and development standards, and other general requirements to be applied with respect to the proposed use.
7.8.3.3 The Board of Selectmen may appoint a resident of the Town to serve as an associate member of the Planning Board for a two-year term. The Chairperson of the Planning Board may appoint the associate member to act on special permit applications, in the case of absence, inability to act, or conflict of interest, on the part of a regular member of the Planning Board, or in the event of a vacancy on the Board.
7.8.3.4 Any special permit granted under the provisions of this Bylaw shall lapse within a period of two years from the grant hereof, if a substantial use thereof has not sooner commenced or, in the case of a permit for construction, if construction has not begun by such date, except for good cause shown, and provided further that such two-year period shall not include the time required to pursue or await the determination of a
y in-law apartment use.
6.6.2 Accessory In-Law Apartments may be created only by Special Permit issued by the Board of Appeals and only within single family dwellings and located on lots, both in existence prior to January 1, 1990. In addition, accessory in-law apartments shall only be located on lots meeting the minimum lot area in the District which it is located on the date of the filing of the application for the Special Permit.
6.6.3 Owner Occupancy Required. The owner(s) of the single family lot upon which the accessory in-law apartment is located shall occupy at least one (1) of the dwelling units on the premises. The Special Permit shall be issued to the owner of the property. Should there be a change in ownership or a change in the residence of the owner, the Special Permit and the Occupancy Permit for the Accessory In-Law Apartment shall become null and void, and the property shall revert to single family status. The owner applicant shall be required to file a declaration of covenants on the subject property prior to the issuance of a Special Permit for an Accessory In-Law Apartment. This declaration shall be in favor of the Town of Rowley and state that:
a. The special Permit for the Accessory In-Law Apartment shall terminate upon transfer of title of said premises or upon the undersigned no longer occupying the premises as their principal residence.
b. The new owner of the premises shall have to apply to the Board of Appeals for a Special Permit and prove compliance with Section 6.6.1 (Purpose and Intent) to continue the Accessory In-Law Apartment.
6.6.4 An accessory Apartment shall be located within the principal dwelling, within an addition to the principal dwelling, or within an accessory structure that is attached to the principal structure provided that such dwelling, addition, or attached accessory structure conforms to all other requirements of this bylaw unless an approval therefore shall have been granted by the Zoning Board of Appeals.
6.6.5 The minimum floo
ing, addition, or attached accessory structure conforms to all other requirements of this bylaw unless an approval therefore shall have been granted by the Zoning Board of Appeals.
6.6.5 The minimum floor size for an accessory apartment shall be three hundred (300) square feet, but in no case shall it exceed twenty-five (25) percent of the habitable area of the principal dwelling, unless in the opinion of the Board of Appeals a greater or lesser amount of floor area is warranted by specific circumstances of the particular building.
6.6.6 There shall be no more that one (1) accessory in-law apartment for a total of two (2) dwelling units permitted per lot.
6.6.7 The Accessory In-Law Apartment must be determined to comply with current health, safety, and construction requirements before occupancy and at every change in occupancy.
6.6.8 Applicant shall receive written Board of Health approval, relative to sewage disposal, prior to submission of Application for Special Permit to the Board of Appeals. Applicant shall conform to all Board of Health Rules and Regulations, unless waived by said Board, to obtain Board of Health approval.
6.6.9 Applications for Special Permits shall be subject to approval by the Board of Appeals. Applications for Special Permit shall contain such information to determine compliance with the bylaw sections herein and with any regulations of the Board of Appeals. If the accessory in-law apartment is to be located within the Historic District, then the applicant must comply with the Rowley Historic District Bylaws of the Town of Rowley General Bylaws.
6.6.10 Prior to approval and receipt of a Building Permit, the applicant must submit to the Building Inspector a copy of the notification of Special Permit Approval as granted by the Board of Appeals and a copy of the declaration of covenants as stamped by the Registry of Deeds.
6.6.11 Occupancy Permit for Accessory In-Law Apartments shall be renewed annually by the Building Inspector. For the purposes of annual
SECTION 2.0 SPECIAL PERMIT RULES AND REGULATIONS
2.1. General Information
2.1.2 The Planning Board encourages a meeting between the applicant/developer and the Planning Board, prior to submission of the Application for Special Permit.
2.1.3. The purpose of this meeting would be to aid the applicant in completing the application, to discuss the proposal, and to discuss any waivers which may be applicable to the applicant/developer.
2.1.4 Procedure for submission, review, and action of an Application for Special Permit shall be in accordance with M.G.L. Chapter 40A.
If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority?
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1-00; Extended 3-21-05)
2.9.1. The purpose of this Section, "Rate of Development", is to ensure that growth occurs in an orderly and planned manner; to phase growth so that it will not unduly strain the community's ability to provide adequate public safety, schools, roads and 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 as per the Master Plan for the community; and to preserve and enhance existing community character and the value property.
2.9.2. General
Beginning on September 11, 2000, building permits, including foundation permits, for not more than thirty (3) dwelling units shall be applied for or issued in each of the five (5) calendar years following said date, for the construction of new residential dwelling units, per approved ANR and/or standard or cluster subdivision. 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 this Bylaw.
DWELLING UNIT shall mean 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. Within the provisions of this Section, an "Accessory Apartment", as defined in Section 11.1 of the Zoning Bylaws, shall not constitute a dwelling unit.
2.9.3. Procedures
Any building permits issued shall act on each permit 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 t
te hazard, disturbance to any abutter, or injury to the neighborhood, and will not create unsightliness visible from any public way or neighboring property.
b. In its discretion, the Board of Appeals may impose conditions and limitations as necessary to protect abutting properties and the public, including that a home occupation authorized by the Special Permit may not be transferred to a different operator without a new Special Permit, that the occupation shall be subject to compliance review by the Building Inspector at periods specified in the Special Permit, and that such permit may be revoked by a majority vote of the Board of Appeals at any time after notice and hearing, upon the Board's determination that the terms of the Special Permit are being violated.
4.6.4. Enforcement
Home occupation uses shall be enforced as follows:
a. A certificate of Use and Occupancy must be obtained from the Building Inspector indicating compliance with these requirements prior to initiation of a home occupation.
b. The Building Inspector shall enforce these provisions and any person may request enforcement where a violation is believed to exist, as provided in M.G.L. c. 40A, Section 7, and if dissatisfied with the outcome, such person may bring an appeal to the Board of Appeals for hearing and action as provided in M.G.L. c.40A, Section 8.
4.7 Home Occupation Special Permit
(Deleted 11-01-05 moved to 4.6)
4.8 Home Occupation Enforcement
(Deleted 11-01-05 moved to 4.6)
4.9 Accessory Uses
(Deleted 11-01-05 moved to 2.5)
4.10. In-law Apartment No Special Permit
(Added 4-28-03; Revised 03-21-05)
4.10.1. General
It is the intent of this Section to provide for the use of a portion of a single-family residence as a so-called "In-law apartment", which use will be solely for the benefit of a family member related either by blood, marriage or law. The In-law section of the residence shall be attached to the
r rear of the building, and any additions shall not increase the square footage of the one family house by more than ten percent (10%);
4.5.4. The design and size of the apartment conforms to all applicable standards in the health, building and other codes;
4.5.5. The owner(s) of the residence in which the accessory unit is created shall occupy at least one of the dwelling units in the premise, except for bonafide temporary absences;
4.5.6. Parking must conform to the requirements of this Bylaw.
4.6 Home Occupations
(Revised 11-01-05)
4.6.1. Types of Home Occupations
In this Bylaw, home occupations are regulated according to the following use categories:
a. Home professional office: office for the practice of a profession involving a high degree of training in the humanities, science or arts, such as medicine, law, engineering or fine arts.
b. Home personal service: personal services, such as insurance, notary public, real estate broker, beauty care, clerical services; studio for the teaching of fine, performing or domestic arts and crafts; home care or therapy (for pay) for not more than three patients or children.
c. Home business workshop: the business or shop of a painter, carpenter, electrician or similar trade.
d. Home specialty retail: the sale of specialty products made on the premises, such as dressmaking, home baking or catering, or arts and crafts; or collector's items, such as antiques, stamps, coins. Home specialty retail does not include the sale of products raised and grown on the premises of an agricultural use on more than five acres of land.
4.6.2. Permitted Home Occupations
In any zoning district, home occupations listed as a permitted use do not require a Special Permit if they comply with the following requirements:
a. The occupation must be operated by a person residing on the premises, and it shall employ on those premises not more than three (3) persons not reside
nstructed on a hammerhead lot shall be issued until the Planning Board certifies in writing that the access driveway, including permanent turnarounds, has been completed in accordance with the standards specified in the driveway site plan approval.
4.4 Mobile Homes
Mobile homes or similar mobile structures shall not be parked, stored, or occupied for living or business purposes, except:
4.4.1 If granted a temporary permit by the Building Inspector, a mobile home or mobile structure may be occupied incidental to construction or rebuilding of a permanent structure on the premises for a period not to exceed twelve (12) months. Any such mobile home or mobile structure shall be subject to the provisions of the state sanitary codes.
4.5 Accessory Apartments - Special Permit
An owner or owners of a one family dwelling may apply for a Special Permit from the Board of Appeals for the construction and occupancy of one accessory apartment in such one family dwelling provided such one family dwelling was constructed at least ten (10) years prior to the date of application. It is not the intent of this Bylaw to permit or encourage the building of new dwellings which are large enough to contain apartments.
In accordance with the procedures of Section 9.2.3, the Board of Appeals may grant such Special Permit provided that:
4.5.1. Due consideration has been given to the reports and recommendations of the Planning Board and Board of Health;
4.5.2. Adequate provision has been made for the disposal of sewage generated by the occupancy of such apartment in accordance with the requirements of the Board of Health;
4.5.3. No more than minimum exterior alterations are proposed. In general, any new entrances shall be located on the side or rear of the building, and any additions shall not increase the square footage of the one family house by more than ten percent (10%);
4.5.4. The design and size of the apartment conforms to all applicable s
gnated operator, and the SPGA, shall be executed which defines the terms of and responsibility for the maintenance as required by the SPGA. Said agreement shall constitute a condition of the Special Permit. An additional bond shall be posted, in the form of a separate passbook account in an amount to be set and approved by the SPGA, to be utilized for maintenance of the facility and its access road and screening in the event the maintenance agreement to be executed between the SPGA and the applicant is not complied with to the on-going satisfaction of the SPGA.
4.15.7. Site Plan Approval
a. Site Plan Approval by the Planning Board is required for the siting and construction of all wireless telecommunication facilities as defined above in Section 4.15.2 of this Bylaw. If modification of a previously issued Special Permit is sought, the Planning Board may require approval of a new site plan.
b. Site Plan review by the Planning Board may be conducted concurrently with the proceedings and public hearings of the Special Permit application as defined in Section 4.15.4 of this Bylaw.
c. Site Plan applications shall be made in conformance with the Site Plan Section (Section 7) of this Protective Zoning Bylaw, and in conformance with the Site Plan Review Regulations adopted by the Shirley Planning Board.
4.16 Infill Residential Uses
(Added 11-01-05)
Where Infill Residential Uses are allowed by Special Permit from the Planning Board, the following additional requirements shall apply.
4.16.1. Affordable Housing Requirement. The Planning Board may issue a Special Permit to authorize the construction of a single-family dwelling or a two-family dwelling on a lot which does not meet the minimum lot area or frontage requirement, provided that the single-family dwelling or one unit in a two-family dwelling is affordable housing as defined in this Bylaw.
4.16.2. Affordable Housing Use Restriction. Prior to obtaining a building permit, the applicant shall record an affordable housing restriction or regulatory agreement at the R
If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority?
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b) above.
(c) Parking or outside storage not capable of being located and screened as required by 4.1.1 (b) above.
(d) Parking of vehicles other than as allowed under 4.1.1 (d) above.
(e) Activity likely to result in more traffic allowed under 4.1.1 (e) above.
(f) Use of an existing accessory structure for other than parking or incidental storage.
(g) Storage or equipment or materials on premises other than the residence of the operator. Such special permit shall be granted only if the Board of Appeals determines that the activities will not create hazard, disturbance to any abutter, or injury to the neighborhood, and will not create unsightliness visible from any public way or neighboring property. Such special permit shall impose conditions and limitations as necessary to protect abutting properties and the public, including the limitation that the home occupation authorized by the special permit may not be transferred to a different operator without a new special permit, that the occupation shall be subject to compliance review by the Building Inspector at periods specified in the special permit, and that such special permit may be revoked by a majority vote of the Board of Appeals at any time after notice and hearing, upon the Board's determination that the terms of the special permit are being violated.
4.1.3 Enforcement
(a) A certificate of Use and Occupancy must be obtained from the Building Inspector indicating compliance with these requirements prior to initiation of a home occupation.
(b) Any person may request enforcement of these provisions by the Building Inspector where a violation is believed to exist, as provided in Chapter, 40A, section 7, Massachusetts General Laws, as amended, and if dissatisfied with the outcome, such person may bring an appeal to the Board of Appeals for hearing and action as provided in Chapter 40A, section 8, Massachusetts General Laws, as amended.
4.2 MULTIFAMILY DEVELOPMENT
4.2.1 Procedures Applications for a special permit for multifamily dwellings shall be ac
n aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provision of G.L.c.40A,ss.8 and 15.
4. To hear and decide comprehensive permits for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in G.L.c.40B,ss.20-23.
6.3 SPECIAL PERMITS.
6.3.1 Special Permit Granting Authority. Unless specifically designated otherwise, the Board of Appeals shall act as the Special Permit Granting Authority.
6.3.2 Criteria Special Permits shall be granted by the Special Permit Granting Authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will no outweigh its beneficial impacts to the town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any other specific factors that may be set forth in this By-law, the determination shall include evaluations of the adverse effects and beneficial impacts of each of the following factors:
1. Social, economic, or community needs which are served by the proposal;
2. Traffic flow and safety, including parking and loading;
3. Adequacy of utilities and other public services;
4. Neighborhood character and social structures;
5. Impacts on the natural environment; and
6. Potential fiscal impact, including impact on town services, tax base and employment.
6.3.3 Procedures. Whenever an application for a special permit is filed with a special permit granting authority, the applicant shall also file, within five (5) working days of the filing of the completed application with said authority, copies of the application, accompanying site plan, and other documentation, to the Planning Board, Board of Health, Conservation Commission, Building Inspector, Director of Public Works, Police Chief, and Fire Chief for their consideration, review, and report. The copies necessary to fulfill this requirement shall be furnished by the applicant. An application shall not be deemed complete until all copi
ding calendar year that the applicant desires the application to remain in effect, the Building Inspector shall treat said application in accordance with subsection 4.3.3(1), above.
4.3.4 Special Permit Exemption. Upon a determination by the Planning Board under a special permit application that the building permits will be issued for dwelling units within a development that will provide special benefits to the community, said permits shall be exempt from this section in its entirety, and shall not count toward the thirty (30) permits to be issued annually. The Planning Board may grant a special permit under this section only if the Board determines that the probable benefits to the community outweigh the probable adverse effects resulting from granting such permit, considering the impact on schools, other public facilities, traffic and pedestrian travel, recreational facilities, open spaces and agricultural resources, traffic hazards, preservation of unique natural features, planned rate of development, and housing for senior citizens and people of low or moderate income, as well conformance with Master Plan or Growth Management Plans, if any, prepared by the Planning Board pursuant to G.L. c.41, s81D. The Planning Board shall give particular consideration to proposals that demonstrate a reduction in allowable density of fifty percent (50%) or more.
4.3.5 Exemptions. The provisions of this section shall not apply to, nor limit in any way, the granting of building or occupancy permits required for the following purposes:
1.the construction, enlargement, restoration, or reconstruction of one single family or two family dwelling on a lot legally existing as of the date of passage of this by-law.
2.The construction of a single-family dwelling on land which, as of the date of passage of this by-law, was part of a lot held in separate ownership and containing one single or two family dwelling; provided that only one such new dwelling may be constructed in any year, and provided that the original lot shall be divided so that the existing dwelling
ARTICLE 5. DEFINITIONS
For the purpose of this ordinance and unless the context of usage clearly indicates another meaning, the following terms shall have the meanings indicated herein; words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the words "used" or "occupied" include the words "designed", "arranged", "intended", or "offered", to be used or occupied; the words "building", "structure", "lot", "land", or "premises" shall be construed as though followed by the words "or any portion thereof", and the words "shall" is mandatory and directory, and "may" is permissive. Any word indicating gender, such as he or she, shall be construed to mean both genders.
Terms and words not defined herein but defined in the Commonwealth of Massachusetts Building Code shall have meanings given therein unless a contrary intention clearly appears. Words not defined in either this ordinance or the State Building Code shall have the meaning given in the most recent edition of Webster's Unabridged Dictionary. Uses listed in the Table of Use Regulations under the categories "Commercial" and Industrial" shall be defined by the Standard Industrial Classification Manual published by the U.S. Bureau of Census.
The defined words and phrases are as follows:
ACCESSORY APARTMENT shall mean a separate, complete dwelling unit which is; (a) contained substantially within the structure of a one-family dwelling unit, is served by a separate entry/exit and can be isolated from the principal one family dwelling unit, or (b) contained entirely within an accessory building located on the same lot as a one-family dwelling.
ACCESSORY BUILDING OR STRUCTURE shall mean a building or structure incidental and subordinate to a principal building or structure and customarily used to serve the purposes of that principal building. A building is accessory only where a principal building exists on the same lot.
ACCESSORY USE shall mean a use customarily incidental to and located on the same lot with the principal use.
ADULT B
consistent with the rate of residential growth over the last seven (7) calendar years, to phase growth so that it will not unduly strain the community's ability to provide basic public facilities and services, to provide the town, its boards and its agencies information, time, and capacity to incorporate such growth into the Master Plan for the community, as may be amended, and to preserve and enhance existing community character and the value of property.
4.3.2 General. Beginning on May 11, 1998, building permits for not more than thirty (30) dwelling units shall be issued in each of the fifteen full calendar years following said date, for the construction of new residential dwelling in the town of Sterling. This provision shall apply to any tract of land divided pursuant to any provision of G.L. c.41, ss.81K - 81GG, the Subdivision Control Act subsequent to such date. This provision shall apply to any proposed division or combination of properties which were in the same ownership and contiguous as of such date. For the purposes of this section, an accessory apartment pursuant to Section 2.3.4 shall constitute a dwelling unit.
4.3.3 Procedures. Any building permits issued shall be issued in accordance with the following procedures:
1. 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 and shall require new submittal.
2. The Building Inspector shall mark each application with the time and date of submittal, and shall act on each application in a timely manner.
3. At the end of the calendar year in which 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 tenth of January of the succeeding calendar year that the applicant desires the application to remain in effect, the Building Inspector shall treat said application in accordance with subsection 4.3.3(1), above.
4.3.4 Special Permi
If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority?
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, the permit shall lapse, and be null and void. if occupancy of the said additional living area is then desired by another family member of the owner or owners, a new application for a Special Permit authorizing such occupancy shall be made. It is the intention of this provision that such additional living area shall not be used as an apartment for hire, but only as a convenience for a member of the owner's family, under special circumstances. Adopted Special Town Meeting, April 25,1983. Art. 40.
TRAILER : Any vehicle which is immediately portable, and is arranged, intended, designed, or used for sleeping, eating, or temporary business use in conjunction with construction, or is a place in which persons may congregate including a house trailer or camper. Trailer and Recreational Vehicle: A vehicular, portable structure built on a chassis, designed as a temporary dwelling for travel, recreation and/or vacation. Added by action of Town Meeting, April 24,1978, Article #60.
USE : The purpose for which a structure or lot is arranged, designed, or intended to be used, occupied, or maintained.
USE, ACCESSORY : A use incidental and subordinate to the principal use of a structure or lot, or a use, not the principal use, which is located on the same lot as the principal structure. Accessory use by area shall be interpreted not to exceed 40 percent of the area of the total use of the structure or lot on which it is located, but this area limitation shall not be applicable either to:
(i) accessory off-street parking and loading spaces, whether or not in excess of that required in Section VIII,
(ii) Accessory filling of water, wet area or depression, or
(iii) accessory removal of gravel, sand, or other earth material incidental to and in connection with the construction of a building or a lot. Amended by action of Town Meeting, April 28,1980, Article #6.
USE, NONCONFORMING : A use lawfully existing at the time of adoption of this By-Law or any subsequent amendment thereto, which does not conform to one or more provisions
, in whole or in part, within such Districts or is exempt from the provisions of this Wetlands Protection By-Law, he may request such further information of the Applicant as he may reasonably require to make his determination. Subsequent to a determination by the Building Inspector that any portion of the tract identified in the application lies within the Flood Hazard, Wetland or Watershed Districts or is subject to the provisions of this Wetlands Protection By-Law the Building Inspector shall not issue a building permit unless he has determined that:
a. The proposed use of the tract, any part of which is located within a Flood Hazard, Wetland or Watershed District, is shown by the Applicant to comply strictly with the uses and area restrictions permitted or required in such Districts under Sections 4A, 4B, and 4C above; and
b. The proposed uses otherwise comply with the provisions of this Zoning By-Law and with any other local, state or federal laws, regulations or ordinances the enforcement of which is the responsibility of the Building Inspector. If the Building Inspector shall determine that no approvals, special permits or variances are required by the Applicant under this Wetlands Protection By-Law, he shall so indicate in writing on the Plan and by letter to the Applicant and all other required approvals may thereafter be sought by the Applicant including without limitation any approvals which may be required under State Wetland Protection Laws, without regard to this Wetland Protection By-Law. In all other instances relative to this Wetlands Protection By-Law, the Building Inspector shall promptly notify the Applicant by certified mail, return receipt requested, that this By-Law prohibits the contemplated use, and shall advise the Applicant of his right to appeal the Building Inspector's decision to the Zoning Board of Appeals.
6. Zoning Board of Appeals.
a. Appeals and Applications for Special Permits Generally.
An appeal may be taken to the Zoning Board of Appeals by any Applicant aggrieved by a decision of the Building Inspector and a special permit ma
f approved, will not cause substantial detriment to the public good or impair the purposes and intent of this By-Law. (Amended by action of Town Meeting, April 24,1978, Article #64) (Amended by action Special Town Meeting, May 3,1999 Article #5)
K. Special Permits.
The Board shall have the power to hear and decide on applications for special permits for exceptions.
1. in applying for a Special Permit, the applicant need not demonstrate hardship, since the basis for the action is of general benefit to the Town as a whole. In granting a Special Permit, the Board, with due regard to the nature and conditions of all adjacent structures and uses, and the District within which the same is located, shall find all of the following general conditions to be fulfilled:
(a) The use requested is listed in Table of Use Regulations as a Special Permit in the District for which application is made:
(b) The requested use is essential or desirable to the public convenience or welfare:
(c) The requested use will not create undue traffic congestion, or unduly impair pedestrian safety:
(d) The requested use will not overload any public water, drainage or sewerage system or any other municipal system to such an extent that the requested use or any developed use in the immediate area or in any other area of the town will be unduly subjected to hazards affecting health, safety, or the general welfare:
(e) Any special regulations for the use, set forth in Section XI, are fulfilled:
(f) The requested use will not impair the integrity or character of the District or adjoining zones, nor be detrimental to the health, morals, or welfare.
2. The Special Permit Application must be filed with the Town Clerk who shall transmit the application to the Special Permit Granting Authority. The effective date of filing is the date the application is filed with the Town Clerk. Special Permits shall only be issued after a pu
erent planning approach to the remainder of the SCMUOD. The goal of creating Area B is to preserve the physical character of the Area while allowing architecturally appropriate additions and re-use of buildings.
[3.0] Special Permit Granting Authority
a) For all purposes pursuant to Section 3.0 of the SCMUOD, the Planning Board is hereby designated as the Special Permit Granting Authority (SPGA). All Special Permit applications made pursuant to the SCMUOD by-law shall conform to the standards and criteria and procedural provisions of the SCMUOD by-law and all relevant procedural provisions in Section X-K of the current Stoughton zoning by-laws, except that, wherever Section X-K refers to 'Board' or 'Zoning Board of Appeals', this shall mean the SPGA for the purposes of the SCMUOD by-law.
b) The SPGA shall adopt and maintain Stoughton Center Design Review Guidelines to support the standards and criteria contained within the SCMUOD by-law.
[4.0] Uses Allowed by Special Permit
All uses allowed by right in the underlying zoning district are permissible by Special Permit in the SCMUOD unless listed below as being prohibited.
[4.1] Permitted Uses
No building or structure shall be designed, arranged or constructed and no building, structure or land shall be used, in whole or in part, for any purpose other than for one or more of the uses herein set forth as permissible by Special Permit. These uses may be combined within a single structure.
Within the SCMUOD, the SPGA may issue a special permit for the following uses:
a) Dwelling units located above a retail, restaurant, professional office and service, personal service, or other non-residential use(s) at ground level, provided that no more than 10% percent of thy total number of dwelling units at any one time be units of 3 or more bedrooms;
b) Multistory parking structures, provided that the structure complies with the design standards for pa
dimensions and maximum building area may be adjusted as deemed appropriate by the Board of Appeals.
5. At any one time, not more than 10 percent of the total dwelling units shall contain three or more bedrooms.
6. For multifamily units of two or more bedrooms, there shall be constructed and equipped an outdoor recreation area containing 100 square feet for each dwelling unit within the development with a minimum requirement of 2,000 square feet. Specifically exempt from this requirement are one-bedroom units and housing for the elderly.
7. The development shall be served by public water and sewerage.
8. Parking facilities shall meet the requirement of Section VIII except the required number of spaces shall be one additional for each five units for visitor parking. In housing for the elderly projects, the parking requirements shall be reduced by 50 percent.
9. Such other conditions as the Board may find appropriate in accordance Section XX may be imposed.
K. Fast Order Food Establishments.
In considering special permits for Fast Order Food Establishments, the Board shall give consideration to the following:
1. Impact on traffic and parking.
2. Sensitivity to the visual and physical characteristics of the particular location, including siting, signing, lighting, landscaping, fencing, materials, windows, etc.
3. Fulfillment of a need in the neighborhood or in the Town.
4. Reliance on walk-in trade as opposed to drive-in or automobile related trade. (Added by action of Town Meeting, June 23,1976, Article #30)
L. Adult Entertainment
Establishments may not be located less than 750(seven hundred fifty) feet from the nearest lot line of:
a. Each other
b. Public or Private Nursery-Schools
c. Public or Private Day Care Centers
d. Public or Private Kindergartens
e. Public or Private Elementary Schools
f. Public or Private Secondary Schools
g. Playgrounds
h. Churches (Adopted Special Town Meeting, April
If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority?
Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] I don't know |
[INST] Context:
cability.
The Planning Board, acting as Special Permit Granting Authority, may grant a Special Permit for construction of an Incentive Senior Development and accessory structures, in the following zoning districts: Single Residence "A", Single Residence "C", Limited Business, Village Business and Research District.
5430. Standards.
The following standards shall apply to all Incentive Senior Developments:
5431. Tract Qualification. At the time of granting a special permit by the Planning Board, the property under consideration for an Incenti2ve Senior Development shall be located on a contiguous parcel, not separated by a public or private way, with definite boundaries ascertainable from a recorded deed or recorded plan, having an area of at least 10 acres. For parcels greater than 20 acres, parcels may be separated by a private or public way.
5432. Age Qualification. An Incentive Senior Development shall constitute housing intended for persons of age fifty-five (55) or over within the meaning of M.G.L. c151B, §4, §6 and 42 USC §3607(b)(2)(c), and in accordance with the same, one hundred percent (100%) of the dwelling units in an Incentive Senior Development shall each be owned and occupied by at least one person fifty-five (55) years of age or older per dwelling unit, and such development shall be operated and maintained in all other respects in compliance with the requirements of said statutes and regulations promulgated pursuant thereto. In the event of the death of the qualifying owner/ occupant(s) of a unit, or foreclosure or other involuntary transfer of a unit in such a development, a two-year exemption shall be allowed for the transfer of the unit to another eligible household.
5433. Applicant Qualifications. The applicant for a Special Permit under the provisions of this section shall be the owner of the tract proposed for such Development or be authorized in writing by the owner to apply for and be issued such Special Permit, and shall establish to the satisfaction of the Planning Board that the applicant has knowledge, experience and financial resources su
ssuance of a special permit by the Board of Appeals. Providers shall comply with all applicable federal, state, and local laws.
2312. Boarders in Single-family Dwelling. The renting of rooms and/or furnishing of board to not more than five (5) persons in a single-family dwelling by the owner thereof shall be a permitted accessory use. The renting of rooms and/or furnishing of board to more than two persons shall cause the use to be classified as a boarding house subject to the provisions of Section 2230 (Table of Principal Use Regulations), herein.
2313. The Board of Appeals may grant a special permit for the nonexempt raising of swine, poultry, furbearing animals, and the operation of kennels in any district; in accordance with Section 6200, such Board may impose such restrictions with respect to the conduct thereof as in its judgment may seem necessary for the general welfare of the Town.
2314. Any use accessory to an allowed principal nonresidential use where such accessory use is an entry in the Table of Principal Use Regulations shall be allowed only upon the issuance of a special permit from the Board of Appeals.
2315. Uses, whether or 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 in Limited Industrial Districts, Industrial Districts, Industrial Park Districts, and Research Districts 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.
2320. Accessory Structures.
2321. Unregistered motor vehicles. Unregistered motor vehicles which are unfit for use, permanently disabled or have been dismantled or are otherwise inoperative, shall not be stored, parked or placed upon any land in the town unless the same shall be within a building or in an area unexposed to the view of the public and abutters or in an area properly approved for the keeping of the same by licensed junk dealers (and automobile
omatically terminate upon the sale, transfer, or other change in ownership of the principal dwelling unit.
5563. The Special Permit for a unit occupied by a low or moderate income family shall be issued for a period of two years. The permit shall automatically expire on the second anniversary of its issuance unless extended for one or more additional two year periods upon the filing by the owner(s) of a sworn affidavit and income verification of the present occupants of the accessory dwelling unit with the Town Clerk, with a copy to the Board of Appeals certifying occupancy consistent with the Special Permit. The Special Permit for a low or moderate income unit which is approved as an affordable housing unit under one of the programs identified herein shall be for a period of five years, and shall be renewable in accordance with the foregoing procedure.
5570. Other Requirements.
5571. No Separate Conveyance. The ownership of the accessory dwelling unit shall not be conveyed or otherwise transferred separately from the principal dwelling.
5572. Removal of Separate Facilities. The Building Inspector may, in addition to other remedies, order removal of the separate kitchen facilities, equipment or fixtures that were made or installed to create such unit, if the unlawful use of such unit is discovered.
5573. Revocation. A Special Permit granted hereunder may be revoked by the Board of Appeals for violation of the terms thereof or occupancy of the accessory dwelling unit in violation of the Special Permit or the Zoning Bylaw.
5574. Provision of Information. The applicant for a Special Permit shall file with the Board of Appeals such plans, specifications and other information concerning the unit and its proposed use as the B
10. Special Permit Granting Authority.
Unless specifically designated otherwise, the Board of Appeals shall act as the Special Permit Granting Authority.
6220. Criteria.
Unless otherwise specifically provided to the contrary, the Board of Appeals shall, before granting special permits, find that in its judgment all the following conditions are met:
a. That the use is in harmony with the general purpose and intent of the bylaw;
b. That the use is in an appropriate location and is not detrimental to the neighborhood and does not significantly alter the character of the zoning district;
c. Adequate and appropriate facilities will be provided for the proper operation of the proposed use;
d. That the proposed use would not be detrimental or offensive to the adjoining zoning districts and neighboring properties due to the effects of lighting, odors, smoke, noise, sewage, refuse materials or other visual nuisances;
e. That the proposed use would not cause undue traffic congestion in the immediate area.
6230. Procedures.
An application for a special permit shall be made in accordance with the rules and regulations of the Special Permit Granting Authority.
6240. Conditions.
Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the Special Permit Granting Authority may deem necessary to serve the purposes of this Bylaw.
6250. Plans.
An applicant for a special permit shall submit a plan in substantial conformance with the rules and regulations of the Special Permit Granting Authority.
6260. Regulations.
The Special Permit Granting Authority may adopt rules and regulations for the administration of this section.
6270. Fees.
The Special Permit Granting Authority may adopt reasonable administrative fees and technical review fees for applications for special permits.
6280. Lapse.
Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 12 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from
pplication for a Special Permit under this section, the applicant may consult with the Planning Board prior to the hearing and the Planning Board may submit in writing, prior to the hearing, its recommendations and report to the Board of Appeals.
5550. Number of Accessory Dwelling Units.
The number of accessory dwelling units permitted under this bylaw shall not exceed five percent of the total number of single-family residences existing in the Town at the beginning of the year in which the application was filed.
5560. Duration of Special Permit.
5561. The Special Permit for an accessory dwelling unit occupied by persons related to the family owning and residing in the principal dwelling may be issued for the duration of such occupancy. Such permit shall require the filing by the owner(s) of a sworn affidavit with the Town Clerk, with a copy to the Board of Appeals, certifying such occupancy every four years consistent with the Special Permit. Such permit shall automatically terminate upon the sale, transfer, or other change in ownership of the principal dwelling unit.
5562. The Special Permit for a unit occupied by domestic help shall be issued for a period of two years. The permit shall automatically expire on the second anniversary of its issuance, unless extended for one or more additional two year periods upon the filing by the owner(s) of a sworn affidavit with the Town Clerk, with a copy to the Board of Appeals certifying occupancy consistent with the Special Permit and this subsection. Such permit shall automatically terminate upon the sale, transfer, or other change in ownership of the principal dwelling unit.
5563. The Special Permit for a unit occupied by a low or moderate income family shall be issued for a
If the municipality requires special permits for accessory apartments, which entity is the special permit granting authority?
Instructions: Reply with the list of entities that the answer provides to the question delimited by commas. Do not provide any explanation [/INST] Board of Appeals |
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