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viously occupied. Dwelling, Detached Residential Cluster - A dwelling unit having reduced yard, frontage, and area requirements and a provision for open space as conditions of a special permit. (Amended at Annual Town Meeting, 1987.)
DWELLING, MOBILE - A movable living unit designed for year roun... |
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Table 8 - Multi-Family and Single-Family Attached Dimensional and Intensity Regulations
,TABLE,8,
Multi-Family and,Single Family Attached,Dimensional and Intensity,Regulations
,MINIMUM LOT,REQUIREMENTS,
Area,Least Dimension,Front Yard,Other Yard
"86,000",200 Feet,30' Minor Street,2 Story: 30'
,,60' C... |
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ee or more lots needs a Special Permit from the Zoning Board of Appeals.
CLUB - a body or association owning or hiring space in a building or operating an activity for the use of its members.
CONDOMINIUM - the land, the building, or buildings, all other improvements and structures thereon and all e... |
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6. Uses Allowed with Special Permit of the Board of Selectmen with Site Plan Approval
a. antique shop
b. shop or studio of an artist, potter, sculptor, silversmith, woodcarver, or similar craftsman
c. office of a doctor, dentist, lawyer, accountant, architect, engineer, or simila... |
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two years, shall lose its protected status and be subject to all of the provisions of this zoning by-law.
2256. Reversion to Nonconformity. No nonconforming use shall, if changed to a conforming use, revert back to a nonconforming use.
2260. Accessory Apartments.
2261. Purpose. For the... |
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d occupied only by Eligible Households.
d. The QSGOD shall not include the imposition of restrictions on age upon the entire District, but the development of specific Projects within the QSGOD may be exclusively for the elderly, persons with disabilities, or for assisted living, provided that a... |
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ZONING BY-LAWS
(VR) zoning districts.
Age Limitation: Occupancy of Independent Living Units shall be limited to one (1) or two (2) primary residents, at least one of whom has reached the age of fifty-five (55) years. Additional individual(s) may reside with the primary resident(s) upon approv... |
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.1 The purpose of the Retirement Community Overlay District is to provide people over fifty-five (55) years of age the opportunity to live in a residential neighborhood designed specifically for their needs, equipped with the appropriate amenities and located within reasonable proximity to shopping a... |
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ARTICLE VII SUPPLEMENTAL REGULATIONS FOR PERMITTED AND SPECIAL PERMIT USES
Sec. 29-21. In General.
These regulations either apply to uses permitted by right but subject to reasonable dimensional regulations or to uses permitted by special permit. The regulations pertaining to special permit uses shal... |
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Department of Housing and Urban Development, pursuant to Section 8 of the Housing Act of 1937, as amended by the Housing and Community Development Act of 1974.
MIXED USE DEVELOPMENT -- A development that contains a combination of at least 2,500 square feet of commercial gross floor area plus five... |
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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 o... |
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ZONING BYLAW
to approve any related plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board may, insofar as practical under existing law, accept a combined plan and application which shall satisfy bo... |
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h land.
2.2.36. DEVELOPMENT . The construction, reconstruction, conversion, alteration, relocation or enlargement of any building or other structure, or excavation, land fill or mining, or any use or change in use of any building or other structure, land, or extension of use of land for which revie... |
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e from the Board of Appeals.
5. Non-conforming Single and Two Family Residential Structures. A proposed modification (including reconstruction, extension, alteration or change) to a nonconforming single or two family residential structure shall first require a determination by the Building Insp... |
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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 a... |
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K. ACTIVE ADULT RESIDENTIAL DEVELOPMENT ("AARD")
1. Definition And Applicability
An ACTIVE ADULT RESIDENTIAL DEVELOPMENT ("AARD") is an alternative type of residential development in which, except as hereinafter provided, permanent occupancy of the dwelling units shall be restricted to pe... |
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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... |
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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 ... |
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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-... |
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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, ... |
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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 ... |
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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 m... |
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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 th... |
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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... |
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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 struct... |
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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 othe... |
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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 si... |
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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 ... |
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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... |
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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 de... |
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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 P... |
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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 infrastructu... |
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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 ex... |
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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 ... |
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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 Re... |
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SECTION TEN: USES AUTHORIZED BY SPECIAL PERMIT OF THE MUNICIPAL COUNCIL
10.1 PROCEDURES
The requirements of Section 10.0 of the Zoning Ordinance of the City of Taunton for documentation and information when submitting an application for Special Permit to the Municipal Council shall apply to all appli... |
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s section does not provide for "two-family" or "duplex" type housing. [Added 12-4-1990 STM by Art. 9]
B. An owner or owners of a single-family dwelling in an RA or RB District may apply to the Board of Appeals for a special permit for the construction and occupancy of an accessory dwelling unit... |
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e plan should show all existing buildings and structures including accessory uses and structures; parking, both existing and proposed; and on a separate plan the existing and proposed interior layout of the residence including walls, location of entrances and exits, locations of proposed and existing... |
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ARTICLE VIII Special Permits and Site Plan Review
Section 190-42. Purpose and intent.
It is the purpose and intent of this Article to provide the designation of the board or agency which shall act on the various special permits, the general and specific regulations governing special permits and the p... |
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Accessory Apartment
1. The temporary special permit for an accessory apartment in a single family dwelling shall terminate upon the sale of the property or transfer of title of the dwelling. The permit holder shall notify the Building Inspector within thirty (30) days of the of the sale or tran... |
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ion Commission in any proceeding authorized by G.L. c. 184, s. 33. In addition, the developer shall be responsible for the maintenance of all improvements to the land until such time as the homeowners' association is capable of assuming such responsibility, and/or the Town has accepted responsibility... |
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all apply to MULTI-FAMILY housing in the Village Residential District:
4.13.3.1. Multi-family dwellings shall not exceed eight units per acre unless the applicant proposes and the Planning Board approves a higher percentage of affordable housing units than the percentage achieved under Section the ... |
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reet other than a street created by the OSRD; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lot(s) will further the goals of this By-Law;
(b) At least 50% of the required setbacks for the district shall be maintained in the OSRD u... |
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nd/or restriction and such easements and/or restrictions to the Town allowing the Town to control all building rights in the area. Such restrictions shall be for the benefit of and enforceable by the Town.
5. The applicant shall submit a plan for maintenance of the open space area. The plan mus... |
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or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are clustered together and where there is provision of open space in common or public ownership. The ... |
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the site's perimeter, and may be in more than one (1) parcel, provided that the size, shape and location of such parcels are suitable for the designated uses. Contiguous shall be defined as being connected. Open space will still be considered connected if it is separated by a roadway or accessory ame... |
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one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority.
A.residential cluster development shall conform to the following conditions:
1. Contain a minimum tract... |
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Space Freedom from lot lines and rigid separation of different land uses is permissible in Planned Unit Developments only because the increased flexibility in planning and design and the opportunity to plan the entire development as a unit can ensure compatibility of land uses and high environmental ... |
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asements: water or sewer improvements, roadways, or any other recreational facilities or other similar dedication required by these guidelines.
(2) If the area of open space shall not be less than thirty (30) percent of the total area of the Planned Unit Development.
(3) If the total reduction in... |
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on in the Central District or the Residential District as follows:
(a) a development creating fewer than five (5) multi-family dwelling units is authorized, subject to the requirements of this section, and provided a site plan is approved by the Planning Board; and
(b) a development containing fi... |
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(f) Provisions shall be made so that usable open space shall be owned:
(1) By the City of Salem for park, open space or conservation use;
(2) By a corporation or trust owned or to be owned by the owners of lots or residential units within the land that may be approved by the planni... |
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non- conforming use must be commenced within one year of such damage or destruction and the reconstruction completed and the structure occupied within two (2) years of such damage or destruction.
2.4.2.A residence in a district where residences are permitted, but on a non conforming lot, may b... |
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t, for review and concurrence by the Planning Board.
3. The total number of dwelling units shall not exceed that allowed by the following formula concurred with by the Planning Board: [Amended 5-5-2010 ATM, Art. 16]
USABLE ACRES/MINIMUM LOT AREA = NUMBER OF CONDENSED SIZE LOTS WHERE USABLE ACRES... |
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le state and local regulations, and without extraordinary engineering measures. Where the maximum square footage is in doubt, the determination of the Planning Board shall be conclusive for all purposes.
7706 Decision
The Planning Board may approve, approve with conditions, or deny an application... |
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d a new hearing and must be considered as a new appeal. (Code 1965, § 27-48; Ord. No. D74, 7-24-78)
Sec. 27-49. Special permits.
The board shall hear and decide applications for special permits for special uses as specified in article III, article IV and article XIV of this chapter. The board ... |
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11.6 Special Permit Use Multi-unit Dwellings of Three Units or More Including
STM 9/22/86
A. Purpose:
To protect the public interest in preservation of groundwater resources, wetlands, to assure traffic safety, protect and promote land values and to generally provide guidelines that will allow de... |
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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 ... |
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or both, than normally required. For this purpose, a cluster development is a division of not less than five (5) acres of land into lots used, or available for use as building sites, where said lots are clustered together and where there is provision of open space in common or public ownership. The ... |
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to approve any related plan for subdivision, nor reduce any time periods for Board consideration under the law. However, in order to facilitate processing, the Planning Board may, insofar as practical under existing law, accept a combined plan and application which shall satisfy both this section an... |
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one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority.
A.residential cluster development shall conform to the following conditions:
1. Contain a minimum tract... |
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for a mix of uses including commercial uses of a light intensity, clean operational nature, residential uses and compatible industrial uses.
The special permit mechanism is provided to allow for a broader range of retail, service and other commercial uses. The special permit mechanism will also allo... |
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structures associated with the residences in the Planned Unit Development. Common recreation areas shall be delineated on plans submitted to the Planning Board for review with the size of the area noted. Provisions for delineating this area in the finished development, method of delineation subject t... |
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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.... |
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4.SPECIAL REGULATIONS
4.1 Multi-Family Housing
(Revised 11-01-05)
In any district where multi-family housing is a permitted or special permitted use, it shall be subject to the following requirements, except that multi-family units in an Low Impact Development shall comply with the regulations ... |
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age, public access, quality and other pertinent site characteristics.
(5) The need for preservation of open space for scenic value shall be determined by the special permit granting authority based on its knowledge of the site of the proposed cluster development and comments received by the auth... |
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hority. Any development pursuant to the PSMUOD by-law shall be allowed only by special permit. The Planning Board is hereby designated as the Special Permit Granting Authority (SPGA) in the PSMUOD. A super majority shall be required for plan approval. All Special Permit applications made pursuant to ... |
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nd/or restriction and such easements and/or restrictions to the Town allowing the Town to control all building rights in the area. Such restrictions shall be for the benefit of and enforceable by the Town.
5. The applicant shall submit a plan for maintenance of the open space area. The plan mus... |
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the site's perimeter, and may be in more than one (1) parcel, provided that the size, shape and location of such parcels are suitable for the designated uses. Contiguous shall be defined as being connected. Open space will still be considered connected if it is separated by a roadway or accessory ame... |
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one or more groups separated from adjacent property and other groups within the development by intervening open land, unless deemed otherwise by the special permit granting authority.
A.residential cluster development shall conform to the following conditions:
1. Contain a minimum tract... |
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Section 205 Special Permits
205.01 Procedures
A) The Special Permit Granting Authority may grant a special permit for certain uses and structures as authorized in Parts III and IV of this Bylaw, subject to conditions and procedures set forth herein and in other applicable sections of the Bylaw.
B) F... |
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fied within this bylaw which shall only be permitted upon issuance of a special permit. Special permits may be issued only for uses which are in harmony with the general purpose and intent of the bylaw, and shall be subject to the specific provisions established herein. Such permits may also impose c... |
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ng shall be held within sixty-five (65) days after filing of an application in accordance with Massachusetts General Laws, Chapter 40A.
(4) Failure of the planning board to take final action upon an application within ninety (90) days following the date of the public hearing shall be deemed to ... |
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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... |
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ng permit or to any other Board or Town Officer seeking permission for a special use. After a hearing as required herein, the Board of Appeals may grant permission for any uses on that portion of the Applicant's land shown by the Applicant not to be in a Wetland, Flood Hazard, or Watershed Area; prov... |
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the office of directors and officers of the corporation or non-profit organization or of trustees of the trust;
f. Procedures for the conduct of the affairs and business of the corporation, trust or non-profit organization, including provisions for the calling and holding of meetings of members,... |
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s of the corporation, non-profit organization or trust including provisions for the calling and holding of meetings of members and directors and/or officers of the corporation or non-profit organization or beneficiaries and trustees of the trust and provision for quorum and voting requirements for ac... |
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or inaccurate shall be returned to the applicant within three (3) business days and shall require new submittal.
b. The Building Inspector shall accept applications and issue permits one (1) year at a time.
c. The Building Inspector shall mark each application with the time and date of s... |
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result in the preservation of a particularly identified natural resource upon the parcel for which the special permit is granted.
5.6 Accessory Apartments
5.6.1 Purpose
To increase the availability of moderately priced housing for town employees, the young, the elderly, people of low and m... |
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ordable Homeownership Unit(s), as applicable.
5.10.6.8 Phasing - For Projects developed in phases, the proportion of Affordable Housing units constructed within each phase that contains residential units shall be consistent with the overall proportion of Affordable Housing units in the approved Pro... |
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nd police protection and adequate educational facilities;
1.2. To preserve and enhance the existing community character.
2.) Regulations
2.0 No building permit for a new residential dwelling unit or units shall be issued unless in accordance with this bylaw.
This bylaw shall apply to al... |
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different than the one subject to the Special Permit;
c. An applicant may offer, and the Planning Board, in concert with the Board of Selectmen may accept, donations of land in fee simple, on or off-site that the Planning Board determines are suitable for the construction of an equivalent number of... |
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be allowed for the transfer of the unit to another eligible occupant.
C. Density Incentives
(1) Basic Senior Village Bonus. A Senior Village's base density is defined as four housing units per gross site acre except where noted above. To qualify as a Senior Village, a proposal shall, at a ... |
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elopment consistent with the availability and adequacy of public facilities necessary to support development and to protect the public health, safety and welfare. The phasing of development, based on public facility conditions, will provide for orderly growth and development to meet projected demands... |
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4. For multifamily units of two or more bedrooms, where the total number of dwelling units to be developed at one time or in any successive stages exceeds 12 dwelling units, there shall be constructed and equipped an outdoor recreation area with a minimum size of 500 square feet per unit for each tw... |
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lowing types of development which would result in the creation of new dwelling units:
1. definitive subdivisions plans;
2. plans subject to MGL Chapter 41 Section 81-P (ANR Plans);
3. special permit developments subject to section 4.12.00 and 4.14.00 of this zoning bylaw unless m... |
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ermanently deed restricted to be affordable to
(3) Households that earn less than 80% of the median income for the Boston Metropolitan Statistical Area (MSA). Fractions of a unit shall be rounded up to the nearest whole number. Restrictions on these units and management of occupancy shall be pe... |
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900 (2-3 bdrm)
15. Max. number of units with more than 2 bedrooms (%) 20
16. Min. number of affordable units (%) 20 [3]
17. In mixed use structures, maximum non-residential floor area ratio 0.3
* except only 2.5 stories and 35 feet within 100 feet of a recognized watercourse (p... |
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ZONING BY-LAW
tion.
7. The Board of Health has issued a favorable recommendation as to the suitability of the subsurface disposal system for the proposed Accessory Apartment. Such recommendation may include conditions which, in the opinion of the Board of Health, are necessary to ensure st... |
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imited parking needs, recreational ancillary use, and landscaped to provide for pedestrian/ handicapped and emergency vehicle access.
7.4.5 Parking Requirements. The following off-street parking requirements shall be in force:
1. Congregate Living Residences, and, as applicable, Independent Liv... |
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ilding, be occupied or counted as an open space for another building.
5.7 Division of Developed Lots
Any lot on which more than one house existed at the time of the adoption of this by-law may be divided and sold to separate owners and used with a minimum nonconformance. For each foot that such lo... |
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ed this new Section on Curbs and Berms
6. June 21, 1988
Section III-8-C. - Performance Guarantee - Restrictive Covenants Established this new section on Restrictive Covenants
7. August 2, 1988
Section III-8-C. - Performance Guarantee
Section VI.C.1. - Administration - Building Permi... |
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a condition of the grant of any special permit for a Project in the MCROD, a minimum of twenty five percent (25%) of the total number of dwelling units shall be restricted "in perpetuity" and shall contain some form of subsidy. Dwelling units meeting these requirements would be eligible for inclusio... |
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2.5.9 INCLUSIONARY HOUSING
2.5.9.1 Purpose and Intent
The purpose of this Bylaw is to outline and implement a coherent set of policies and objectives for the development of affordable housing in compliance with the Bolton Affordable Housing Plan, MGL c. 40B sec. 20-23 and ongoing programs within the... |
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h and range of available housing choice.
(e) Visual environment. Visibility of buildings and parking and visual consistency with existing development in the area.
Section 195-62. Review procedure.
The applicant shall transmit one copy of the materials required herein to each of the follo... |
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uirements (3)...Amended 5/13/85
Section 6.8 Dimensional Requirements (6)...Amended 5/13/85
Section 6.8 Open Space Area (1)............Amended 5/19/86
Section 6.9................................Added 12/5/83
Section 6.10...............................Amended 5/8/00
Section 6.10.5............... |
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ARTICLE 13: INCLUSIONARY HOUSING
Section 13.1. Purpose.
The purpose of this Article is to promote the public welfare by:
a) encouraging housing opportunities for people of mixed income levels;
b) increasing the supply of housing that is available and affordable to low- and moderate-income people... |
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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 Re... |
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ARTICLE V PERFORMANCE GUARANTEES
500 GUARANTEE REQUIRED
Before endorsement of its Approval of a Plan, the Board shall required, in accordance with Section 81-LL of the Subdivision control law, that the construction of ways and the installation of Municipal Services be secured by one, or in part by th... |
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§175-11. Procedures for ANR applications.
A. Request for ANR endorsement.
(1) Any person who wishes to cause to be recorded in the Registry of Deeds or to be filed with the Land Court a plan of land and who believes that his plan does not require approval under the Subdivision Control Law may ... |
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(6) The intent of this Subsection (6) is to increase the supply of housing in the Town of Wakefield that is permanently available to and affordable by low and moderate income households and to encourage a greater diversity of housing accommodations to meet the needs of families and other Wakefield re... |
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